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Dec-13-2006 09:51 From-DIVISION OF '.AND RESOURCE PROTECTION 19163273430 T-961 P.D02/003 F-477 Mr. Raymond Hoo SenL,01lanner f December 21, 2006 Page 2 of 3 ' subdivision of that.land 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 §6fi474.4(.a)). " There is no stated affirmative agricultural basis for the proposed subdivision. However; there is the stated potential for residential development of the subdivided parcels. Attorney General Opinion and the relatively recent Legislative enhancement of the SMA noted above make it clear that subdividing contracted land for the purpose of residential development is prrihibited by the Williamson Act and SMA. In the Departmen#'s experience, subdivision into 40-acre parcels is often a precursor to rosidentlel ranchette or"hobby farm" development and the loss of commercially productive farmland. Further, the potential addition of 16 homes on 326 acres may not be incidental to the commercial agricultural use of the contracted land. One could be concerned, therefore, that the purpose of this proposed subdivision is residential development. The principal purpose of§66474.4 is to ensure that subdivision of cootracted land for residential purposes does not occur in the first place. The Legislature has acted to limit the permissibility o1' residential subdivision because of a subdivision's irreversible erosion of the enforceability of the Williamson Act's requirement to protect agricultural land and, thus, its constitutional quid pro quo basis for the preferential property tax benefit. For subdivision of Williamson Act contracted land, the local government administering the agricultural pre:,erve must have a substantive basis for approving the application and map, it must do so on the basis of a specific and affirmative determination that each of the resulting parcels is large enough to sustain the agricultural user to which it is restricted and it must make a finding that the subdivision will not result in residential development of the resulting parcels, except where residential use wil I be incidental to the commercial agr;cultural use of the land. In addition, the Static of California Attorney General's Office has opinEd that the Williamson Act prohibits subdividing contracted lands for residential pirposes regardless of parcel size. (75 Ops. Atry Gen. 278 (1992); 62 Ops. Ab'y Gen. 233 (1979); 54 Ops. Att'/ Gen. 90 (1971)). The Legislature, through ena,.tment of Senate Bill 985 (Chapter 1 C 18, Statutes of 1999, § 15), concurred with these.Attorney General opinions and made them declaratory of existing law, adding the following: "in enacting Section 14 of this art . . .clarifying that a landowner's right to subdivide. is subject to the Williamson Act _ . . therefore, the subdivision of enrolled lands for residential purposes is prohibited by both the Williamson Act and by Section 66474.4 of the Government Code In a case where the landowner and County desire to develop buildable lots, we recommend that the proposed subdivision be postponed until the land is out of contract. It is the County's responsibility to ensure that subdivision of Williamson Act land for