Kings County Zoning Code § 411 Divisions for Transfers

A. When an application is being considered for a transfer of title between spouses, parents and children, grandparents and grand children, or between siblings; divisions of land may be permitted in the AL-10, AG-20, AG-40, and AX zoning districts for sites of not less than one acre and not greater than two and one-half acres in size, subject to the following requirements or conditions:
1. A person who is actively engaged in farming the subject land may receive no more than one parcel for the purpose of creating a home site of less than the required minimum area pursuant to this Development Code.
2. The remaining portion of the parent parcel must contain at least the minimum parcel size required under the relevant zoning district. The only exception is when an undersized parent parcel is part of a larger farming operation under common ownership, and has another separate parcel that meets the required minimum parcel size which is jointly managed. 40 acres is generally recognized as a larger farming operation.
3. Under the provisions of this Section:

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a. When land is proposed to be divided for a Transfer of Title:
- (1) The owner(s) and the recipient(s) must both sign and record a “ Declaration of Intent and Acknowledgment of Penalty for Unlawful Conveyance ” to continue farming the parcels as a single unit at the time the Parcel or Final Map, or Parcel Map Waiver, for such divisions is recorded. A “Declaration of Intent” is recorded against the land which serves to tie the new home site parcel to the parent parcel and identifies the home site parcel as not for sale to another party. The land owner agrees and acknowledges that penalties may ensue for unlawful conveyance of undersized parcels as stated in the “Declaration of Intent”.
- (2) The parcel that is transferred must be for the exclusive use of the recipient of the parcel for the recipient’s principal residence, and not for the transfer or sale of, or the use of, any other person so long as any restrictions on the conveyance of the parcel exist which are required as requirements or conditions of the action creating the parcels.
b. For land restricted by a land conservation contract pursuant to the California Land Conservation (Williamson) Act of 1965 which does not meet the minimum parcel size requirement for the “Williamson Act”:
- (1) The owner and the recipient, as a requirement of the “Transfer of Title” process, must execute a revision to the land conservation contract between the owner and the County which states the intended purpose of conveying the parcel to, and for the exclusive use of, the recipient is for the recipient’s principal residence.
- (2) As a requirement of the “Transfer of Title” process, the owner will retain the remainder of the property and no further conveyance is intended.
(3) A “ Joint Management Agreement ” shall be recorded when the parent parcel is subject to either a Williamson Act or Farmland Security Zone contract, which ensures the continued joint management of the subject parcels while under contract.
c. Failure to comply with the terms above may result in the County imposing a penalty by taking one or more of, including but not limited to, the following actions:
- (1) Loss or rescission of entitlement to development or building permits, thereby prohibiting new or replacement construction, or improvements to existing structures.
- (2) An action pursuant to Article 1.5 (Merger of Parcels) of Chapter 3 of the Subdivision Map Act , or other action pursuant to Chapter 7 (Enforcement and Judicial Review) of the Subdivision Map Act .
- (3) Rescission of the land conservation contract revision.
- (4) Any other appropriate consequence authorized by law that is necessary to remedy a violation of this Section.
d. Relief from the "Declaration of Intent and Acknowledgment of Penalty for Unlawful Conveyance" may be considered in the case of the death, divorce, long term illness, permanent disability, or bankruptcy of a party to the declaration who wants to convey the parcel. Relief may be granted through the application and approval of a new Site Plan Review accompanied by documentation of the basis for the application, if the Zoning Administrator makes findings that the documentation is true and correct, and constitutes a hardship not foreseen at the time the declaration was recorded. The restriction in the "Declaration of Intent and Acknowledgment of Penalty for Unlawful Conveyance" shall be come null and void at such time as the territory is annexed to a city.

Note: If the parcel is restricted by a Williamson Act or Farmland Security Zone contract and is further restricted by a “ Joint Management Agreement ” which is recorded against the property, relief from the

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"Declaration of Intent and Acknowledgment of Penalty for Unlawful Conveyance" does not extend to the “Joint Management Agreement”. The Joint Management Agreement will continue in force for the life of the land conservation contract.

e. Time restrictions stated in the "Declaration of Intent and Acknowledgment of Penalty for Unlawful Conveyance" shall remain in effect for a minimum of 10 years from the date the "Declaration of Intent and Acknowledgment of Penalty for Unlawful Conveyance" is recorded; however, the declaration for land restricted by a Land Conservation Contract pursuant to the Williamson Act or Farmland Security Zone shall remain in effect for 10 years or as long as the contract is in force on the parcel, whichever is the longer time period.
f. The terms of the "Declaration of Intent and Acknowledgment of Penalty for Unlawful Conveyance" described in this Article shall not apply to the parcel if it is acquired by a lender pursuant to a bona fide involuntary foreclosure or similar involuntary process of law, including but not limited to a deed in lieu of foreclosure.

g. The parent parcel, before a division for a Transfer of Title must contain at least nominally 10 acres in the AL-10 zoning district, 20 acres in the AG-20 zoning district, and 40 acres in the AX and AG-40 zoning districts, unless the Zoning Administrator makes all of the following findings:
- (1) The division is for a transfer of the new parcel to a relative listed in Section 411.A for their principal residence.
- (2) The parent parcel of the new parcel that is less than the minimum site area is jointly managed with one or more other parcels, one of which has at least the minimum site area required in the zoning district within which it is located.
- (3) The exception will reduce the loss of agricultural land on one or more parcels which are at least the minimum area required for that zoning district.
1. Under the provisions of this Section, the new parcel shall:
  - a. Have an area of not less than one acre.
  - b. Have a width of not less than 125 feet and a depth of not less than 150 feet.
  - c. Comply with local and state standards for domestic water supply and sewage disposal facilities.
  - d. Comply with other regulations of the appropriate Agricultural (A) District of this Development Code and all county improvement standards required by law or county policy.
  - e. Have a Tentative Parcel Map, an In-lieu of Tentative Parcel Map, or a Lot Line Adjustment application filed and approved by the County and record a Final Map, Parcel Map, or Parcel Map Waiver showing the division or adjustment and appropriate public dedications.
B. The restrictions in this Section of the Development Code shall apply only to land within the unincorporated territory of Kings County, however, land in cities or other counties may be used for the necessary acreage for the Joint Management Agreement.