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STATE OF CALIFORNIA, RESOURCES AGENC 2NOLD SCHWARZENEGGER,GOVERNOR DEPARTMENT OF CONSERVATION DIVISION OF LAND RESOURCE PROTECTION in 801 K STREET • MS 18-01 • SACRAMENTO,CALIFORNIA 95814 PHONE 916/324-0850 • FAX 916/327-3430 TDD 916/324-2555 . WEB SITE conservation.ca.gov s 116_C�7/VF September 15, 2005 comm Ep 2 0 ?OpO Ms. Karla Kuhl 0071,0°pt San Joaquin County Community Development Department Development Services Division 1810 East Hazelton Avenue .,tnrktnn CA a52n5 Subject: Application for Subdivision of Williamson Act Land (PA-0500507 (MS)) — Dutra, Application Referral, San Joaquin County Dear Ms Kuhl: Thank you for your Application Referral (AR) requesting comments regarding the above-referenced project. The project is an application to create a homesite parcel of five acres from a parcel of 39.57 acres of prime agricultural land enforceably restricted by Williamson Act contract. According to the San Joaquin County Assessor's Office, the property is restricted by Contract No. 72-C1-214 (APN 226-110-32)_ The Department of Conservation (Department) offers the following comments. Subdivision of Williamson Act Contracted Land The Board of Supervisors must deny approval of a tentative map or parcel map involving Williamson Act contracted land if it finds that either the resulting parcels following a subdivision would be too small to sustain their agricultural use or the subdivision will result in residential development not incidental to the commercial agricultural use of the land (Government Code section 66474.4(a)). A parcel of five acres is conclusively presumed to be too small to sustain its agricultural use pursuant to section 66474.4(b)(1). The Board may find an exception to approve a subdivision with smaller parcels pursuant to section 66474.4(c)(2) if: one of the parcels contains a residence and is subject to section 428 of the Revenue and Taxation Code; the residence has existed on the property for at least five years; the landowner has owned the parcels for at least 10 years; and the remaining parcels shown on the map are at least 10 acres in size if the land is prime agricultural land or 40 acres if the land is not prime agricultural land. No rITie rUepartment of Conservation's mission is to protect Californians and their environment by: (Protecting lives andpropertyf om earthquakes andlandslider Ensuring safe mining andoilandgas drilling; Conserving California's farmland and Saving energy and resources through recycCng.