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94080 . 5 AGRICULTURAL MITIGATION LANDS . ( a ) Allowable Uses . Any lands used for agricultural mitigation must be shown on the County General Plan as Agriculture and zoned for agricultural uses . Agricultural mitigation land may include the Delta . The type of agricultural related activity allowed on mitigation land will be specified in an agricultural easement or other legal instrument . ( b ) Allowable Property Size . Generally, agricultural mitigation lands should be at least 20 acres in size . Parcels less than 20 acres can be considered by the Qualifying Entity if determined that the land in question has suitable agricultural qualities to ensure viable agricultural use . ( b ) Soil Quality . The agricultural mitigation land should be of comparable or better soil quality than the agricultural land whose General Plan designation and /or Zone is being changed to nonagricultural . Priority shall be given to lands with prime agricultural soils , which are located in areas of greatest potential development . ( c ) Water Supply . The agricultural mitigation land shall have an adequate water supply to support the agricultural use of the land . The water supply on the agricultural mitigation land shall be protected in the agricultural land conservation easement or other document evidencing the agricultural mitigation . ( d ) Plan Consistency . The use of the agricultural mitigation land shall be consistent with the County General Plan . ( e ) Previous Encumbrances . Land already effectively encumbered by a conservation easement of any nature is not eligible to qualify as agricultural mitigation land , unless approved by the Qualifying Entity . ( f) Location . The agricultural mitigation land shall the located in San Joaquin County . 94080 . 6 LEGAL INSTRUMENTS FOR PRESERVATIONOF AGRICULTURAL LAND . ( a ) Requirements . The legal instrument encumbering agricultural mitigation land shall meet all of the following requirements : ( 1 ) It shall be executed by all owners of the agricultural mitigation land . ( 2 ) It shall be in form suitable for recordation . ( 3 ) it shall contain an accurate legal description setting forth the description of the agricultural mitigation land . ( 4 ) It shall prohibit any activity that substantially impairs or diminishes the agricultural productivity of the land. ( 5 ) It shall provide for the preservation of the agricultural land in perpetuity . ( b ) Disposition of Land . Interests in agricultural mitigation land shall be held in trust by a Qualifying Entity in perpetuity . Except as provided in Subsection ( c ) of this Section , the Qualifying Entity shall not sell , lease , or convey any interest in agricultural mitigation land it acquires . The legal instrument encumbering the agricultural mitigation land shall include the provisions of this Subsection . ( c ) Change in Circumstances . If judicial proceedings find that the public purpose described in Section 9 - 1080 . 1 of this Chapter can no longer reasonably be fulfilled as to an interest acquired , the Qualifying Entity ' s interest in the agricultural mitigation land , as secured by the legal instrument, may be extinguished through sale , and the proceeds shall be used to acquire interests in other agricultural mitigation land in San Joaquin County, as consistent with the provisions of this Chapter as is possible and subject to approval by the Board of Supervisors . ( d ) Cessation of Qualifying Entity . If any Qualifying Entity owning an interest in agricultural mitigation land ceases to exist, the duty to hold , administer, monitor, and enforce the interest shall temporarily pass directly Draft 8/ 10/22 Page 4 of 5