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k t-11-20'07 12:34 From—DIVISION OF LAND RESOURCE PROTECTION 14163273430 T-617 P 003/004 F-747 Ms. Mo Hatef I October 11, 2007 Page 2 of 3 "(1) The new contract or contracts would enforceably restrict thq adjusted boundaries ;,)f the parcel for an initial term for at least as long ar the unexpired term of the rf;scinded contract or contracts, but for not less than 10 years. (2) There is no net decrease in the amount of the acreage reslr�,cted. In cases where two parcels involved in a lot line adjustment are bothsub'ect to contracts rescinded pursuant to this section, this finding will be satisfied 1 the aggregate acreage of l- ie land restricted by the new contracts is at least a ' great as the aggregate zeic reage restricted by the rescinded contracts. (3) At least fi0 percent of the land under the former contract or Contracts remains under the ni:�w contract or contracts. (4) After the lot line adjustment, the parcels of land subject to c llntract will be large enoug -i to sustain their agricultural use, as defined in Secl ion 51222, (5) The lot li ire adjustment would not compromise the long-terrn�agricultural productivity zf the parcel or other agricultural lands subject to a I ontract or contracts. (6) The lot li,je adjustment is not likely to result in the removal D adjacent land from agricull ural Use. (7) The lot Ii �e adjustment does not result in a greater numberf developable parcels than existed prior to the adjustment, or an adjusted lot t'Pat is inconsistent with the genaral plan." The Williamson Ac: provides that parcels of contracted land should bej'at least 10 acres for prime land and 40 acres for nonprime land. Also, the parcels sho,)Id meet the standard requiremi .,nts of the County's Zoning Code. The proposed 13 rcel size does not meet this standard. The parcels are within General Agriculture, 401 cres minimum (AG-40) zone distrk.t. The enforceable restrictions of the Williamson Alt contract should be considered that may be more restrictive than what would be allowlao by the County if the property were riot subject to the contract. These parcel size r cstrictions are necessary to promote the overarch r�g purpose of the Williamson Act to curb "the rapid and virtually irreversible loss of agru, ltural land to residential and othE:r developed uses." (Sierra Club v. City of Hayward 1981 28 Cal. 3d 840,850). The Williamson Act was intended to protect farmland from conversion into scattered, low den::.ity, single family subdivisions. (Honey Springs Honr eowners Assn. V. Board of Supervisors (1984) 157 Cal. App. 3d 1122, at 1139)). I 3 This proposal will rc sult in a greater number of developable parcels their existed prior to the adjustment. Ina case where the landowner and County desire to evelop buildable lots, we recommend that the proposed lot line adjustment be postpone until the land is out of contract. It i:i the County's responsibility to ensure that lot line al justment does not result in a grea,er number of developable parcels. To address thi issue, some counties have included "no build" provisions for Williamson Act land, .a d others have included agricultur,:il income requirements for parcels before additional houses could be 31