(

a) 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 of Division of Title 5), including an easement entered into pursuant to

Section 51256.

(2) An open-space easement entered into pursuant to the Open-Space Easement Act of 1974 (Chapter 6.6 (commencing with

Section 51070) of Part of Division of Title 5).

(3) An agricultural conservation easement entered into pursuant to

Chapter 4 (commencing with

Section 10260) of Division 10.2 of the Public Resources Code.

(4) A conservation easement entered into pursuant to

Chapter 4 (commencing with

Section 815) of Part of Division of the Civil Code. (b)

(1) For purposes of this section, land shall be conclusively presumed to be in parcels too small to sustain their agricultural use if the land is (

A) less than acres in size in the case of prime agricultural land, or (

B) less than acres in size in the case of land that is not prime agricultural land.

(2) For purposes of this section, agricultural land shall be presumed to be in parcels large enough to sustain their agricultural use if the land is (

A) at least acres in size in the case of prime agricultural land, or (

B) at least acres in size in the case of land that is not prime agricultural land. (

c) A legislative body may approve a subdivision with parcels smaller than those specified in this

section if the legislative body makes either of the following findings:

(1) The parcels can nevertheless sustain an agricultural use permitted under the contract or easement, or are subject to a written agreement for joint management pursuant to

Section 51230.1 and the parcels that are jointly managed total at least acres in size in the case of prime agricultural land or acres in size in the case of land that is not prime agricultural land.

(2) One of the parcels contains a residence and is subject to

Section of the Revenue and Taxation Code; the residence has existed on the property for at least five years; the landowner has owned the parcels for at least years; and the remaining parcels shown on the map are at least acres in size if the land is prime agricultural land, or at least acres in size if the land is not prime agricultural land. (

d) No other homesite parcels as described in paragraph (2) of subdivision (

c) may be created on any remaining parcels under contract entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 (commencing with

Section 51200) of Division of Title 5) for at least years following the creation of a homesite parcel pursuant to this section. (

e) This

section shall not apply to land that is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 (commencing with

Section 51200) of Division of Title 5) when any of the following has occurred:

(1) A local agency formation commission has approved the annexation of the land to a city and the city will not succeed to the contract as provided in Sections and 51243.5.

(2) Written notice of nonrenewal of the contract has been served, as provided in

Section 51245, and, as a result of that notice, there are no more than three years remaining in the term of the contract.

(3) The board or council has granted tentative approval for cancellation of the contract as provided in

Section 51282. (

f) This

section shall not apply during the three-year period preceding the termination of a contract described in paragraph (1) of subdivision (a). (

g) This

section shall not be construed as limiting the power of legislative bodies to establish minimum parcel sizes larger than those specified in subdivision (a). (

h) This

section does not limit the authority of a city or county to approve a tentative or parcel map with respect to land subject to an easement described in this

section for which agriculture is the primary purpose if the resulting parcels can sustain uses consistent with the intent of the easement. (

i) This

section does not limit the authority of a city or county to approve a tentative or parcel map with respect to land subject to an easement described in this

section for which agriculture is not the primary purpose if the resulting parcels can sustain uses consistent with the purposes of the easement. (

j) Where an easement described in this

section contains language addressing allowable land divisions, the terms of the easement shall prevail. (

k) The amendments to this

section made in the portion of the 2001–02 Regular Session of the Legislature shall apply only with respect to contracts or easements entered into on or after January 1, 2003.