(a) All Parcels in the “CA” and “AP” Zone District.
1. All parcel divisions in the “CA” or “AP” Zone Districts shall be subject to a public hearing and approval at approval Level VII pursuant to Chapter 18.10.
2. All proposed parcel divisions within the “CA” or “AP” Zone Districts shall be reviewed by the Agricultural Policy Advisory Commission for a recommendation for approval or denial of the proposed division, and for a determination of the ability to make the special findings required by this section, the potential for conflicts from the proposed division, and where appropriate, the minimum parcel size necessary to allow for economic farming of the parcels.
3. No parcel division shall be permitted in the “CA” or “AP” Zone Districts for the purpose of using the new parcel(s) for nonagricultural uses, or for the purpose of dividing off land which is not usable for agriculture.
4. Divisions of land not zoned “CA” or “AP” from land zoned “CA” or “AP” are governed by County Code Section 16.50.085.
(b) Type 1 Parcels.
1. The following findings shall be made prior to the approval of any parcel division in the “CA” or “AP” Zone Districts for land designated as Type 1 land pursuant to Chapter 16.50:
(i) That the use is for exclusive agricultural use.
(ii) That the proposed parcel sizes will not be detrimental to the economic viability of commercial agricultural operations on said parcels, or on adjoining or nearby parcels.
(iii) That the division is necessary for continued commercial agricultural use of the subject parcels. In the event a recorded Agricultural Preserve (Williamson Act) contract existed prior to January 23, 1979 for a parcel proposed to be divided under this section, said contract shall constitute evidence of a long-term commitment to continued agricultural use and shall satisfy the requirement for this finding.
(iv) That all parcels shall be of sufficient size to allow for economic farming of the parcels for crop types suited to the particular soils in question. With respect to parcels restricted by an Agricultural Preserve contract recorded prior to January 23, 1979, the finding shall be made either that (i) all parcels created shall be of sufficient size to allow for economic farming of the parcels for crop types suited to the particular soils in question, or that (ii) the owners of all parcels created have recorded an agreement with the County which guarantees the original owner the right to continue to use the newly created parcel for exclusive commercial agricultural uses. In no case shall the parcel size be less than 10 arable acres. Land subject to an Agricultural Preserve contract which is approved for division shall continue to be restricted in the aggregate to the permitted and discretionary uses which would have been available to the original parcel under the agricultural preserve contract had the original parcel remained undivided.
(v) That no conflicts with adjacent agricultural operations shall result from the division.
(vi) That the division is for exclusive agricultural purposes. A recorded Agricultural Preserve (Williamson Act) contract existing prior to January 23, 1979 for a parcel proposed to be divided under this section shall constitute evidence of an exclusive agricultural purpose.
2. Agricultural Preserve (Williamson Act) contracts shall be recorded, prior to filing final maps, for all parcels created by a division of Type 1A Agricultural Land.
(c) Type 2 Parcels. The following findings shall be made prior to the approval of any parcel division in the “CA” Zone District for land designated as Type 2 land pursuant to Chapter 16.50:
1. That the division is for exclusive agricultural purposes.
2. That the division will result in agriculturally viable parcels; in no case shall the parcel size be less than 20 arable acres.
3. That no conflicts with adjacent or nearby commercial agricultural uses will result from the division.
(d) Type 3 Parcels.
1. The following findings shall be made prior to the approval of any parcel division in the “CA” or “AP” Zone Districts for land designated as Type 3 land pursuant to Chapter 16.50.
(i) That the division is necessary for continued commercial agricultural use of the subject parcels.
(ii) That the proposed parcel sizes will not be detrimental to the economic viability of commercial agricultural operations on said parcels, adjoining or nearby parcels.
(iii) That the division is for exclusive agricultural purposes.
(iv) That all parcels are of sufficient size to constitute a minimum economic farm unit for three crop types, other than greenhouse agriculture, suited to the soils, topography and climate of the area; in no case shall the parcel size be less than 20 arable acres.
(v) That no conflicts with adjacent agricultural operations shall result from the division.
(vi) That such division will not create the potential for residential use other than that determined to be ancillary to commercial agriculture pursuant to Section 13.10.314(a) and (b).
(vii) That such division will not hamper or discourage long-term commercial agricultural operations.
2. An Agricultural Preserve (Williamson Act) contract and a covenant enforceable by the County to prohibit use of the parcel for nonagricultural purposes shall be recorded on the property title, prior to filing final maps, for each parcel created by said land division. (Ord. 3076, 5/19/81; 3212, 4/13/82; 3186, 1/12/82; 3344, 11/23/82; 3432, 8/23/82; Ord. 3845, 6/23/87; 4346, 12/13/94; Ord. 4761 § 17, 5/18/04)