The Subdivision of Williamson Act Land

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1 The Subdivision of Williamson Act Land John Gamper California Farm Bureau Federation

2 Causes of Farmland Conversion

3 Another Cause Treating land like a commodity instead of a valued natural resource.

4 What is the Legislative Intent Behind the Williamson Act? Gov. Code (c) To discourage the premature and unnecessary conversion of agricultural land to urban uses is a matter of public interest and will be of benefit to urban dwellers themselves in that it will discourage discontiguous urban development patterns which unnecessarily increase the costs of community services to community residents.

5 What is the Legislative Intent Behind the Williamson Act? Gov. Code (a) The preservation of a maximum amount of the limited supply of agricultural land is necessary to the conservation of the state's economic resources, and is necessary not only the maintenance of the agricultural economy of the state, and for the assurance of adequate, healthful and nutritious food for future residents of this state and nation.

6 What is the Legislative Intent Behind the Williamson Act? Gov. Code (d) In a rapidly urbanizing society, agricultural lands have a definite public value as open space, and the preservation of agricultural production on such lands, as restricted under the provisions of this chapter, constitutes an important physical, social, esthetic and economic asset to existing or pending urban or metropolitan developments.

7 When Can WA Land Be Subdivided? (See Gov. Code ) The legislative body of a city or county shall deny approval of a tentative map, or a parcel map for which a tentative map was not required, if it finds that either the resulting parcels following a 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, and if the legislative body finds that the land is subject to any of the following: (1) A contract entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 (commencing with Section 51200) of Part 1 of Division 1 of Title 5), including an easement entered into pursuant to Section

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13 Are the 10 acre and 40 acre minimums still valid? Is There a Need for Consumer Protection?

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15 3. Each resulting parcel of land will be consistent with the local rules adopted pursuant to Section Proposed Amendments to the Subdivision Map Act: Farm Bureau believes that the state needs to require the following findings before Williamson Act land can be subdivided: 1. The proposed subdivision will be consistent with the purposes of that act. 2. Each resulting parcel of land will be consistent with the contract entered into pursuant to the act.

16 Proposed Amendments to the SMA (Continued): 4. Each resulting parcel will be capable of sustaining a commercial agricultural use, an open-space use, or both. 5. Each resulting parcel of land will have the agricultural improvements necessary to sustain a commercial agricultural use, an open-space use, or both. 6. Each resulting parcel of land will meet the productivity and other requirements for inclusion in a contract entered into pursuant to the act and the local rules adopted pursuant to Section

17 Proposed Amendments to the SMA (Continued): (7) The approval of the proposed subdivision shall not compromise the long-term commercial agricultural use or open-space use of any of the following: (A)The land that is the subject of the proposed subdivision. (B)Any other land within the same agricultural preserve that is subject to a contract entered into pursuant to the act. (C)Any other agricultural land or open-space land within the same agricultural preserve.

18 Proposed Amendments to the SMA (Continued): b) If the legislative body of a city or county makes all of the findings required by subdivision (a), the legislative body may, to ensure compliance with the purposes of the act, include as conditions in any tentative map, or parcel map for which a tentative map is not required, any reasonable and necessary restrictions on the residential use of any resulting parcel.