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Ms. Mo Hatef January 23, 2007 ' Page 2 of 2 . subdivision.will likeiy'allow residential development not incidental to4he commercial.agncultural ,I use of.'the land being subdivided 'swell as'the individual parcels involved The Board of Supervisors shall deity approval of a parcel map involving Williamsoh.Apt. contracted land if it finds that a subdivision wiEl result in residenttal"development-notincidental to the commercial agricultural u.se:of the land (Government Code §66474.4(a)). r � irreversible."loss purpose of the Williamson Act into curb the rapid and virtually irrevers The overarching p p A v 1. of a ricultural land-to residenflal and other de Sierra.Club v. Cit .of Ha and developed ped uses" (1981)28 Cal. 3d 840, 850) and to protect farmland from conversion into."scattered, low density, single family subdivisions." (Honey Sprin s Homeowners Assn v. Board of Supervisors (1984) 157 Cal. App. 3d 1122 "bt 1139). The Williamson Act's prohibition against subdividing contracted lands is not limited by its presumptive parcel size minimus "A subdivision's primary purpose of residential!'development and its negative impact on agricultural " land`use are more determinant factors. In oe case., the Attorney General concluded, ". . . the y division of a 1308 acre preserve into 29 lots,of varying acreage from 20 to 185 acres would constitute a violation of the Williamson Act.f7 ."(62 Ops. Att'y Gen 233, 241). ''The subdivision 'E of land which is subject to a Williamson AcC.6ontract would generally not serve the primary goal " of the Williamson Act to promote the conservation of agricultural land"(Ops. Att'y Gen. No 92- 708:(Dec. 1992), at 9, citing Government Code §51222; 62 Ops: Att'y Gen. 233, 241-242). !' Furthermore, the Legislature, through enactment of Senate Bill 985, Chapter 1018, Statutes of 1999, Section 15, concurred with several Attorney General opinions and made declaratory of existing law the following: "In enacting Section 14 of this act . . .clarifying that a landowners right to subdivide is subject to the Williamson'Act . : . fherefare,"fhe subdivision of enrolled(ands " for residential purposes is prohibited by both the Williamson Act and by Section 66474.4 of the ! Government Code . . .." It.is'the County's responsibility"to ensure that subdivision of Williamson Act land for residential �¢ purposes not.occur_ To address this issue; some counties have included "no build" provisions for Williamson Act parcel splits, and others have included agricultural income requirements for parcels before additional houses could be built. Such conditions protect both the property jl owner and the county nt from potential Williamson Act violations. We also recommend that the ND;. be revised to inf'lude an evaluation of the c'i7nlfranCp Of imparts in terms of the proP,.�ct's>r-onf1lct with'a Williamson Act contract, including potential otential g rowth inducement, loss of commercially viable agricultural land and cumulative effects. i Thank you for the opportunity to comment on this ND. The Department looks forward to ,. receiving your response and copies of any`subsequent CEQA documents. We also request copies of the Board of Supervisor's findings regarding the project, including supporting documentation. If you have questions on our comments or require technical assistance or information on agricultural land conservation, please contact Sharon Grewal at (916) 327-6643. s Sincerely, Dennis J. 0113ryant Program Manger ` R u