§ 23.04.024. Agriculture Category.

This section contains three methods for determining minimum parcel size in the Agriculture land use category for both prime and non-prime soils. 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 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. All divisions in the agriculture category shall be consistent with applicable agriculture policies contained in the Local Coastal Plan policy document and with the applicable overriding findings contained in subsection e and f of this section.

a.

Application content. All applications for land divisions in the Agriculture land use category shall also include an agricultural viability report containing the following information, in addition to the information required by Title 21 of this code:

(1)

Existing land uses on the site.

(2)

Present annual income derived from agricultural operations and other income-generating operations on the site.

(3)

Site characteristics affecting agricultural land use and production, including topography, soils, climate, water availability and adjacent land uses.

(4)

The potential of the site to support future food-producing agricultural uses and estimated annual income from such uses.

(5)

Potential effects of the proposed land division development on agricultural food production, both short-term and long-term.

(6)

Recommendations and conclusions of the developments effect on agricultural production.

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 based on the type of existing agricultural use, with the required minimum being the largest area determined by the following tests. Where a site contains more than one agricultural use, each new parcel shall satisfy the minimum size for its respective use:

(1)

Crop production:

AGRICULTURAL LAND USE	MINIMUM PARCEL SIZE
Irrigated row crops, specialty crops, nurseries, orchards and vineyards (examples: vegetables, strawberries, cut flowers and flower seed, avocados, kiwi, other fruits and nuts, wine grapes).	20 acres
Irrigated pasture, field crops, grain and hay (examples: sugar beets, alfalfa, irrigated grain and hay.)	30 acres
Dry Farm orchards, vineyards.	40 acres
Dry Farm field crops (examples: beans, specialty field crops.)	80 acres
Dry Farm grain and hay (examples: barley, wheat, oats, hay.	160 acres
Grazing	320 acres

 

(2)

Specialized animal facilities. The minimum size for a new parcel occupied by a dairy, feedlot, hog ranch, horse ranch or poultry ranch with related permanent structures consistent with applicable requirements of Section 23.08.046 is 20 acres. In order to qualify for a 20-acre minimum parcel size, at least 18 acres of the proposed parcel must be occupied by one of the specialized animal facilities identified by this subsection.

(3)

Agricultural processing: The minimum size for a new parcel with established agricultural processing facilities and structures shall be 20 acres.

(4)

Averaging test. Where the average size of parcels in the agriculture category with equivalent uses immediately adjacent to the proposed division is higher than the sizes otherwise provided by this subsection, the minimum parcel size shall be the average of abutting parcels (including those that are separated only by a right-of-way).

c.

Size based upon land capability. Where a parcel 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 tests:

(1)

Land capability test. The minimum size for new parcels is to be based upon the Soil Conservation Service classification, as set forth in the following table. Where a site contains more than one soil type, each new parcel is to be designed so as to contain sufficient area of one soil type to satisfy the minimum parcel size requirement for each respective soil type.

LAND CAPABILITY CLASSIFICATION	MINIMUM PARCEL SIZE
Class I	20 acres
Class II	40
Class III	80
Class IV - VI	160
Class VII - VIII	320

 

Notes:

1.

Soil Conservation Service Classification.

(2)

Averaging test. Where the average size of parcels in the agriculture category with equivalent soils immediately adjacent to the proposed division is higher than the sizes provided by subsection c(1), the minimum parcel size shall be the average of abutting parcels (including those which are separated only by a right-of-way).

d.

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 the terms of the preserve contract. However, approval of a land division under agricultural preserve contact is discretionary and a parcel size larger than the minimum designated in the contract may be required to ensure agricultural sustainability in accordance with the provisions of the adopted agricultural preserve rules of procedure.

(1)

Existing preserves: The minimum parcel size for lands under agricultural preserve contract before the effective date of this title is to be no smaller than that defined by the terms of the executed preserve contract, as long as the contract remains in effect. The minimum parcel size is to be no smaller than that applicable to the preserve at the time of contract execution.

(2)

New preserves: The minimum parcel size for lands under agricultural preserve contract executed after the effective date of this ordinance is to be no smaller than that determined through the process of contract negotiation, approval and execution, based upon the adopted agricultural preserve rules of procedure.

e.

Overriding requirements for division on prime agricultural soils. Land divisions on prime agricultural soils as defined by this title shall be subject to the following requirements:

(1)

The division of prime agricultural soils within a parcel shall be prohibited unless it can be demonstrated that existing or potential agricultural production of at least three crops common to the local agricultural economy would not be diminished;

(2)

The creation of new parcels where the only building site would be on prime agricultural soils shall be prohibited;

(3)

Adequate water supplies shall be available to maintain habitat values and to serve any proposed development and support existing agricultural viability.

f.

Overriding requirements for division of non-prime agricultural soils. Land divisions on non-prime agricultural soils as defined by this title shall be subject to the following requirements:

(1)

Mandatory findings. A proposed land division shall not be approved unless the approval body first finds that the division will maintain or enhance the agricultural viability of the site.

(2)

Application content. The land division application shall identify the proposed uses for each parcel.

[Amended 1995, Ord. 2715]