§ 26-88-180. Agricultural homesite parcels.

A lot line adjustment approved pursuant to Chapter 25 of this code may create an agricultural homesite parcel in the diverse agriculture zoning district having a parcel size less than ten (10) acres if the lot line adjustment complies with all of the following requirements:

(a)

All of the affected parcels have a diverse agriculture general plan land use designation and are in the diverse agriculture zoning district. No other general plan and zoning designations shall qualify.

(b)

All of the affected parcels are in one ownership and have been owned by the same owner for at least ten (10) years.

(c)

All of the affected parcels are subject to a land conservation contract entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 (commencing with Section 51200) of Division 1 of Title 5 of the Government Code).

(d)

All of the affected parcels have adequate potential for suitable water supply and sewage disposal.

(e)

The agricultural homesite parcel contains, at the time the lot line adjustment is approved, a residence that has existed on the property for at least five (5) years and is subject to Section 428 of the Revenue and Taxation Code. The other affected parcels shall each have a suitable building site or sites outside of geologic or flood hazard areas, and designated open space areas.

(f)

The lot line adjustment will not result in an agricultural homesite parcel that is less than one and one-half (1 ½) acres in size or any other affected parcel that is less than ten (10) acres in size for type I preserves, forty (40) acres in size for type II preserves, or the established minimum lot size, whichever is more restrictive.

(g)

No other agricultural homesite parcels shall have been created on the affected parcels pursuant to this section or Section 66474.4 of the Government Code for at least ten (10) years preceding the lot line adjustment, nor shall any other agricultural homesite parcels be created on the affected parcels pursuant to this section or Section 66474.4 of the Government Code for at least ten (10) years following the lot line adjustment.

(h)

No subdivision of the affected parcels shall have occurred since the adoption of the 1989 general plan.

(i)

A note shall be included on the deed creating the agricultural homesite parcel indicating that the agricultural homesite parcel is in an area of agricultural production and may be subject to agricultural nuisances in the form of noise, light, spraying, odors or other conditions associated with productive agriculture.

(j)

An agricultural nuisance easement and covenant approved by the county surveyor shall be recorded concurrently with the deed creating the agricultural homesite parcel. The agricultural nuisance easement and covenant shall be in favor of the other affected parcels and shall contain, at a minimum, a restriction on the ability of the owner of the agricultural homesite parcel to maintain either administrative or legal proceedings for the purpose of limiting or interfering with the agricultural uses or practices on the other affected parcels. The agricultural nuisance easement and covenant shall also contain a provision that requires the owner of the agricultural homesite parcel to maintain the agricultural homesite parcel in a manner which prevents the breeding of pests harmful to agricultural operations on the other affected parcels and which insures that the agricultural homesite parcel will not interfere with the agricultural use of the other affected parcels.

(k)

The agricultural homesite parcel shall be excluded from the benefits of the land conservation contract after the lot line adjustment and shall be removed from the contract either by nonrenewal or cancellation of the contract insofar as it applies to the agricultural homesite parcel.

(Ord. No. 5082 § 1, 1997.)