§ 22.22.040. Agriculture Category.

This Section contains three methods for determining minimum parcel size in the Agriculture land use category. Each proposed parcel must be able to qualify for the requested minimum parcel size using all tests within Subsections B. or C. The applicant will disclose as part of the application which Subsection (either B or C) is being used to determine the minimum parcel size for each of the proposed parcels. If the parcel is under agriculture preserve contract, Subsection D. applies.

A.

Purpose. The purpose of this Section is to establish a set of regulations applicable to the division of land within the Agriculture land use category. In addition to complying with the standards set forth in this Section and all applicable policies of the general plan, proposed land divisions shall be specifically evaluated for consistency with the policies of the Agriculture and Open Space Element as follows:

1.

Agricultural land divisions.

a.

Where a division of agricultural lands is proposed, a cluster division where homes are clustered in a compact manner which reduces the agricultural/residential interface, is an alternative to a conventional "lot split" land division.

b.

Where a division is proposed, the proposed parcels should be of adequate size and design to ensure the long term protection of agricultural resources.

2.

Minimum parcel size criteria for the division of Agricultural lands. Minimum parcel sizes for the proposed division of land designated Agriculture shall be based upon either the existing or potential use of the land for cropland and grazing.

3.

Discretionary approval. The approval of a land division is discretionary and a parcel size larger than the minimum designated in the following Subsections may be required to ensure agricultural capability in accordance with the provisions of the adopted Agriculture and Open Space Element of the general plan.

B.

Size based upon existing use. Where a legal lot of record is developed with agricultural uses at the time of application for land division, the minimum size for a new parcel shall be the largest area determined by the following tests:

1.

Use test. The minimum size for new parcels with existing agricultural uses shall be based on the type of existing agricultural use, as follows. Where a site contains more than one agricultural use, each new parcel shall satisfy the minimum parcel size for the qualifying agricultural land use.

a.

Crop production:

Agricultural Land Use	Minimum Parcel Size
Irrigated row crops, specialty crops, nurseries, field crops, orchards and vineyards (examples: vegetables, strawberries, cut flowers and flower seed, avocados, kiwi, other fruits and nuts, wine grapes)	40 acres; except parcels may be as small as 20 acres as provided in Subsection b.
Irrigated pasture, grain and hay (examples: alfalfa, irrigated grain and hay) and Dry Farm orchards, vineyards	40 acres (80 acres)
Dry Farm field crops (examples: beans, specialty field crops) and grain and hay (examples: barley, wheat, oats, hay)	160 acres
Grazing	320 acres

 

Notes:

1.

A larger minimum parcel size (80 acres) may be required where that parcel size will ensure agricultural capability in accordance with the provisions of the Agriculture Preserve Rules of Procedure and the adopted Agriculture and Open Space Element of the general plan

b.

Proposed parcel size. Proposed parcels less than 40 acres, but no smaller than 20 acres, may be proposed if all of the following criteria are met for each proposed parcel:

(1)

The proposed parcels must be Class I or II soils irrigated, or other soils listed as prime by NRCS;

(2)

There must be at least 18 acres or 90 percent of the acreage of the total site, whichever is larger, planted in irrigated row crops, specialty crops, field crops, orchards or vineyards (as defined in the preceding Table);

(3)

There must be a production water source currently installed;

(4)

That prior to or concurrent with recordation of a final or parcel map, the applicant shall execute and record a declaration of restrictions in a form approved by County Counsel, wherein the owner(s) agrees on their behalf and all successors in interest to the parcel that, unless a Land Use Element amendment is first approved to change the classification of the site to a land use category other than Agriculture, approval or establishment of more than one residential use (other than farm support quarters) on the parcel will not be requested and cannot be approved. The declaration of restrictions shall not be amended or terminated without the prior approval of the Board; and

(5)

The resulting parcels must enter into a Williamson Act agricultural preserve contract in accordance with the county Rules of Procedure. Separate sale of parcels of record must be in compliance with Table 1 of the Agriculture Preserve Rules of Procedure.

c.

Agricultural processing. The minimum size for a new parcel with established agricultural processing facilities and structures shall be 20 acres on sites with soils having a Natural Resource Conservation Service (NRCS) classification of I, II or III, and 5 acres on soils with an NRCS classification of IV through VII, provided that any parcel approved with less than 20 acres shall be subject to the requirements of this Subsection. The creation of parcels smaller than 20 acres shall not be allowed on properties subject to agricultural preserve contract.

1.

Application content. The land division application shall be accompanied by a statement from the applicant explaining why it is necessary to segregate the existing agricultural processing facility from the surrounding ownership, and how such segregation will support the intensification of agricultural use on the remainder of the property.

2.

Residential use prohibited. No residential use shall be established on a parcel approved for an agricultural processing facility with less than 20 acres.

3.

Declaration of restrictions required. Prior to or concurrent with recordation of a final or parcel map, the applicant shall execute and record a declaration of restrictions in a form approved by County Counsel, wherein an agreement is made on behalf of the current owner(s) and all successors in interest to the parcel that, unless a Land Use Element amendment is first approved to change the classification of the site to a land use category other than Agriculture, no request for approval a residential use on the parcel will be filed, and no residential use will be established on the parcel. The declaration of restrictions shall not be amended or terminated without the prior approval of the Board.

4.

Required findings. No parcel smaller than 20 acres shall be approved in compliance with this Section unless the Board first finds that the proposed parcel being smaller than surrounding agricultural holdings will have no adverse effect on the continuing agricultural use of parcels adjacent to and in the vicinity of the site, and that the applicant has demonstrated the capability of the agricultural processing use.

5.

Change of use. After approval of a parcel smaller than 20 acres in compliance with this Section, Conditional Use Permit shall be required to authorize any change of the use that justified the small parcel to another use.

C.

Size based upon land capability. Where a legal lot of record in the Agriculture category is not developed with an agricultural use at the time of application for land division, or where an applicant chooses this Subsection as the basis for determining allowable minimum parcel size, the minimum area for each new parcel is the largest determined by the following test:

1.

Land capability test. The minimum parcel size for new parcels shall be based on the Natural Resources Conservation Service (NRCS) classification, as set forth in the following table. Where a site contains more than one soil classification, each new parcel shall satisfy the minimum parcel size for the qualifying NRCS classification.

NRCS Classification	Minimum Parcel Size
	Irrigated	Non-irrigated
Class I or II	20 acres	N/A
Class III or IV	40 acres (80 acres)	160 acres
Class VI, VII or VIII	320 acres	320 acres
Notes:  1. Irrigated - as defined in the Agriculture and Open Space Element (Appendix G-8) using an installed production water source from underlying ground water basins, permitted, riparian or other appropriative water rights that would deliver adequate, reliable water.  2. Proposed parcels may be as small as 20 acres if planted and if all of the criteria in Subsection B.1.b. are met. If the criteria in Subsection B.1.b are not satisfied, a minimum parcel size of at least 40 acres shall be required.  3. A larger minimum parcel size (80 acres) may be required where that parcel size will ensure agricultural capability in accordance with the provisions of the Agriculture Preserve Rules of Procedure and the adopted Agriculture and Open Space Element of the general plan.

 

D.

Size based on agricultural preserves. Where a legal lot of record in the Agriculture category is under Williamson Act agricultural preserve contract, the minimum parcel size is based on Subsections B and C, unless a larger minimum parcel size is specified in the terms of an existing Williamson Act agricultural preserve contract.

E.

Declaration of restrictions required. For any land divisions in the Agriculture land use category, prior to or concurrent with recordation of a final or parcel map, the applicant shall execute and record a declaration of restrictions in a form approved by County Counsel, wherein he agrees on behalf of himself and all successors in interest to the parcel that the property is within the Agriculture land use category and the county has adopted a "Right to Farm Ordinance" that protects agricultural operations. The declaration of restrictions shall not be amended or terminated without the prior approval of the Board.

[Amended 1986, Ord. 2250, 2290; 1992, Ord. 2553; 2004, Ord. 3036] [22.04.024]