California Health and Safety Code 33321.5 – (a) Agricultural land and open-space land that is enforceably …
(a) Agricultural land and open-space land that is enforceably restricted shall not be included within a project area.
(b) A parcel of land that is larger than two acres and is in agricultural use, but that is not enforceably restricted, shall not be included within a project area unless the agency makes each of the following findings, based upon substantial evidence in the record:
Terms Used In California Health and Safety Code 33321.5
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(1) The inclusion of the land in the project area is consistent with the purposes of this part.
(2) The inclusion of the land in the project area will not cause the removal of adjacent land, designated for agricultural use in the community’s general plan, from agricultural use.
(3) The inclusion of the land within the project area is consistent with the community’s general plan.
(4) The inclusion of the land in the project area will result in a more contiguous pattern of development.
(5) There is no proximate land that is not in agricultural use, that is both available and suitable for inclusion within the project area, and is not already proposed to be within the project area.
(c) As used in this section the following definitions apply:
(1) “Agricultural use” has the same meaning as that term is defined in subdivision (b) of § 51201 of the Government Code.
(2) “Enforceably restricted” has the same meaning as that term is defined in Sections 422 and 422.5 of the Revenue and Taxation Code.
(3) “Suitable” has the same meaning as that term is defined in subdivision (c) of § 51282 of the Government Code.
(d) The provisions of subdivision (b) shall not apply to the territory described in Section 33320.8.
(Added by Stats. 1996, Ch. 617, Sec. 2. Effective January 1, 1997.)