§ 1400-580. SPECIAL PROVISION: SUBDIVISION AND LOT LINE ADJUSTMENT OF AGRICULTURAL PARCELS, DEDICATION TO AGRICULTURAL USE

The Board of Supervisors recognizes the need for property owners involved in direct agricultural pursuits to subdivide parcels, or reconfigure their boundaries through lot line adjustment, for the purposes of estate planning, business planning, or financial planning without changing the agricultural use of the property.

(a)

Scope. This section shall apply only to those parcels located in the AG (General Agricultural) District, the A-2 (Exclusive Agricultural) District, and which may not be subdivided or reconfigured by lot line adjustment because the subdivision or lot line adjustment does not fully comply with the requirements of ordinances, policies and standards of the County of Sutter, including, without limitation, required frontage on a County-maintained road.

(b)

Special Provision. Parcels within the Scope of this section may be subdivided or reconfigured by lot line adjustment without meeting the requirement for frontage on an existing County-maintained road, subject to strict compliance with the Requirements set forth in subsection (c), and full compliance with all other requirements of ordinances, policies and standards of the County of Sutter.

(c)

Requirements. The Special Provision of subparagraph (b) shall be applicable only if all of the following requirements are met:

(1)

The property owner shall submit a declaration under penalty of perjury attesting that the subdivision or lot line adjustment is for the purpose of financial planning, business planning, or estate planning.

(2)

The property owner shall enter into an agreement with the County of Sutter that shall be recorded, shall run with the land, and shall be binding upon the property owner's heirs, devisees, successors, and assigns. The agreement shall provide that:

a.

The use of any parcel that is created by subdivision or reconfigured by lot line adjustment pursuant to this section shall be restricted to agriculture, and that subdivision or lot line adjustment pursuant to this section shall not be construed as a grant of entitlement to any non-agricultural use, whether allowed by right or by permit in the zoning district in which the parcel is located, including, without limitation, the construction and use of any new agricultural, residential or commercial structure. Future non-agricultural use of such parcel shall be permitted, however, if and when such use fully complies with the requirements of applicable ordinances, policies and standards then in effect.

b.

The recordation of an easement for access to any parcel created by subdivision or reconfigured by lot line adjustment pursuant to this section, or the provision therefore on any final map or parcel map, shall not be construed as a grant of access, either public or private, for the purpose of any non-agricultural use or future development of such parcel, including, without limitation, the construction and use of any new agricultural, residential or commercial structure. Future non-agricultural use of such parcel shall be permitted, however, if and when such use fully complies with the requirements of applicable ordinances, policies and standards then in effect.

c.

Subdivision or reconfiguration by lot line adjustment pursuant to this section is strictly for the purpose of estate planning, business planning, or financial planning, in order to enhance present and future agricultural use. Accordingly, no variance may be granted under Division 84 (Sections 1500-8410 through 1500-8420, inclusive) of the Sutter County Ordinance Code in order to permit any non-agricultural use on any parcel created by subdivision or reconfigured by lot line adjustment pursuant to this section, including, without limitation, the construction and use of any new residential or commercial structure.

d.

The conveyance of a parcel created by subdivision or reconfigured by lot line adjustment pursuant to this section shall not entitle the transferee thereof to any non-agricultural use of such parcel, whether allowed by right or by permit in the zoning district in which the parcel is located, including, without limitation, the construction and use of any new agricultural, residential or commercial structure. Future non-agricultural use of such parcel shall be permitted, however, if and when such use fully complies with the requirements of applicable ordinances, policies and standards then in effect.

5.

Notwithstanding the foregoing, for lands located in the Open Space and Recreational Area of the FPARC (Food Processing, Agricultural and Recreation Combining) District, the agreement required hereunder shall include as a permitted use, in addition to agricultural use, those uses permitted in such Open Space and Recreational Area of the FPARC District.

(3)

Subdivision or reconfiguration by lot line adjustment pursuant to this section shall be consistent with the Sutter County General Plan, including, but not limited to, requirements for minimum parcel size.

(4)

The following shall be printed on the final map or parcel map for any subdivision pursuant to this section, or on any deed evidencing the reconfiguration of any parcel by lot line adjustment pursuant to this section:

"This parcel was subdivided and/or reconfigured for the purpose of estate planning, business planning, or financial planning only. Special restrictions govern the uses allowed on this parcel, as well as the potential for further subdivision of this parcel, or its reconfiguration by lot line adjustment. These restrictions are set forth in the Sutter County Ordinance Code, including Section 1400-580, and the agreement recorded herewith."

"No site evaluation to determine the suitability of any parcel(s) depicted herein for utilizing an on-site sewage system has been conducted, nor shall any use of any such parcel(s) be permitted that generates sewage or wastewater regulated by the Sutter County Development Services Department, Environmental Health Division or by the Central Valley Regional Water Quality Control Board unless all requirements of the Sutter County Ordinance Code, or any amendments thereto in effect at the time of development, are me

(5)

The agreement required under subsection (c)(2), above, shall be recorded with the final map or parcel map for any subdivision pursuant to this section, or with the deed conforming to the reconfiguration of any parcel by lot line adjustment pursuant to this section.

(6)

The restrictions on the use of parcels created or reconfigured pursuant to this section shall not preclude the future non-agricultural use of any such parcel if and when such use fully complies with the requirements of ordinances, policies and standards then in effect. Upon application of the owner of any such parcel, the Development Services Department Director may record an appropriate document releasing such parcel from the restrictions of the agreement required under subsection (c)(2), above.

(d)

Staff Duties. The Development Services Department shall maintain a list of all parcels subdivided pursuant to this section.

([1393] Ord. 1583, Sec. 1; March 12, 2013; [1583] Ord. 1584, Sec. 3, May 28, 2013)