To: Sonoma County Board of Supervisors
Department or Agency Name(s): Permit Sonoma
Staff Name and Phone Number: Tennis Wick (707) 565-1925, Ken Compton (707) 565-2829
Vote Requirement: Majority
Supervisorial District(s): Fourth
Title:
Title
1:30 P.M. - File No. AGP18-0019 Expansion of Agricultural Preserve and KLT Vineyard LLC Land Conservation Contract; 2630 Dry Creek Road, Healdsburg
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Recommended Action:
Recommended action
Conduct a public hearing and adopt a Resolution to expand Agricultural Preserve 1-321 by adding 17.74 acres and approve and authorize the Chair to execute a new Prime Land Conservation (Williamson) Act Contract and Land Conservation Plan on the same 17.74-acre parcel, for a vineyard property located at 2630 Dry Creek Road, Healdsburg; APN 091-160-023; Permit Sonoma File No. AGP18-0019. (Fourth District)
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Executive Summary:
Sonoma County’s Land Conservation Act program has four contract-types: a) Prime contracts for crop agriculture with a 10-acre minimum parcel size requirement; b) Non-Prime contracts for grazing with a 40-acre minimum; c) Open Space contracts with a 40-acre minimum, and d) Hybrid contracts with a mix of agricultural and/or open space also with a 40-acre minimum.
This is a combined request to 1) approve an expansion of an existing Agricultural Preserve by adding 17.74 acres and 2) to execute a new Prime Land Conservation Act Contract for the same 17.74-acre parcel. Land Conservation Act contracts assist in the preservation of agricultural and open space lands throughout Sonoma County. In exchange for retaining land in agriculture and/or open space, the landowner receives reduced property taxes. Staff recommends the Board of Supervisors approve the Agricultural Preserve Expansion and new contract request.
Discussion:
John A Holdredge, on behalf of KLT Vineyard LLC, seeks approval of an expansion of Agricultural Preserve 1-321 and a new Prime Land Conservation Act Contract for the 17.74-acre parcel, containing 15.2 acres of vineyard. This action would expand Agricultural Preserve 1-321 by adding 17.74 acres and place the same 17.74 acres under a new prime Land Conservation contract for vineyard.
Site Characteristics:
The project site is located along Dry Creek Road, approximately two miles northwest of the City of Healdsburg. The project site contains approximately 15 acres of vineyard. No structures are located on the property with the exception of a well and associated pumphouse located near the southwestern property line. Dry Creek, a tributary that feeds the Russian River, runs along the southwestern property line of the site. The landowner does not intend to further develop the site with additional structures. The parcel is zoned Land Intensive Agriculture (LIA) with combining districts for Floodway (F1) Oak Woodland (OAK) Riparian Corridor (RC50/25 and RC100/50, Scenic Resources (SR) and Valley Oak Habitat (VOH).
Uniform Rules:
As part of the Board of Supervisors’ December 2011 update of the Sonoma County Uniform Rules for Agricultural Preserves and Farmland Security Zones (“Uniform Rules”) the Board eliminated the distinction between Prime (Type I) and Non-Prime (Type II) Agricultural Preserves. This allows the County to enter into either a Prime or Non-Prime contract in any established Preserve. The subject land at issue here is adjacent to established Preserve Number 1-321.
Also, as part of the update of the Uniform Rules, the County implemented a Land Conservation Plan which is incorporated into Land Conservation (Williamson) Act Contracts. Land Conservation Plans show locations for open space, agricultural, permitted, and compatible land uses on contracted land.
Enlargement of the Agricultural Preserve:
To be considered for a contract, land must be in a designated Agricultural Preserve. The Board may contemporaneously consider adding the land to a designated Agricultural Preserve, and its qualification for a contract. The 17.74-acre subject parcel is currently not in an existing Agricultural Preserve. The parcel is proposed to be added to Agricultural Preserve Area Number 1-321 to ensure the parcel boundaries are conterminous with the contracted area. The subject parcel qualifies for inclusion in the Agricultural Preserve Area for the reasons specified in Resolution Findings 1 through 4 (see Attachment 1). In particular, the preserve will remain at least 100 acres in size.
New Land Conservation (Williamson) Act Contract:
To be eligible for a new Prime (Type I) Williamson Act contract, the subject parcel must (1) be located in an agricultural preserve (or have the preserve establishment approved at the same time as the contract); (2) be at least 10 acres in size, (3) have 50% of the total parcel dedicated to permanent crop uses, (4) meet the minimum income requirements, and (5) be a single legal parcel. Any non-agricultural uses must be compatible with the agricultural uses of the land. The subject parcel is 17.74 acres in size and has 15.2 acres of land planted as vineyards, meeting both the minimum parcel size and the devoted to agricultural use standard. Based on the past income from the vineyard, the parcel is projected to provide sufficient income to meet the minimum requirements. The parcel is a single legal parcel, and if the application is approved, the land will be located within a designed preserve before the requested contract is recorded. For these reasons, as more particularly stated in the proposed Board resolution, the land qualifies for a Land Conservation Act contract for prime agricultural land.
CEQA
The project is Categorically Exempt from the California Environmental Quality Act (CEQA) per Section 13517 of the CEQA Guidelines, as the establishment or enlargement of a preserve and the making of a new Land Conservation Contract.
Staff Recommendation:
Staff recommends the Board approve the request because all the state and local requirements for expansion of an Agricultural Preserve Area and approval of a new Prime Land Conservation Act Contract for the 17.74-acre parcel have been met.
Strategic Plan:
NA
Racial Equity:
Was this item identified as an opportunity to apply the Racial Equity Toolkit?
No
Prior Board Actions:
A. 12/13/2011: Board approves the Sonoma County Uniform Rules for Agricultural Preserves and Farmland Security Zones (Resolution No. 11-0678)
B. 07/31/2012: Board amends the Sonoma County Uniform Rules for Agricultural Preserves and Farmland Security Zones (Resolution No. 12-0379)
C. 05/07/2013: Board amends the Sonoma County Uniform Rules for Agricultural Preserves and Farmland Security Zones (Resolution No. 13-0186)
D. 12/20/2016: Board amends the Sonoma County Uniform Rules for Agricultural Preserves and Farmland Security Zones (Resolution No. 16-0485)
E. 10/31/2017: Board amends the Sonoma County Uniform Rules for Agricultural Preserves and Farmland Security Zones (Resolution No. 17-0426)
F. 11/07/2017: Board amends the Sonoma County Uniform Rules for Agricultural Preserves and Farmland Security Zones (Resolution No. 17-0438)
Fiscal Summary
Narrative Explanation of Fiscal Impacts:
Approval of the Land Conservation Act Contract means that the owner will pay reduced property taxes based upon the value of the agricultural uses rather than the land value under Proposition 13. This reduces the County’s share of property tax revenue for the subject parcel. For this particular contract, the Assessor estimates the property assessment value will be reduced by approximately $1,415,452. Property taxes are generally 1.1% of assessed value.
Narrative Explanation of Staffing Impacts (If Required):
N/A
Attachments:
Attachment 1: AGP18-0019 Board of Supervisors Resolution
Attachment 2: AGP18-0019 Board of Supervisors Resolution Exhibit A-Agricultural Preserve Map
Attachment 3: AGP18-0019 Proposal Statement prepared by applicant
Attachment 4: AGP18-0019 Site Plan
Attachment 5: AGP18-0019 Assessor’s Parcel Map
Attachment 6: AGP18-0019 Land Conservation Act Contract with attached Exhibit A (legal description) and Exhibit B (Land Conservation Plan with attached Site Plan)
Attachment 7: AGP18-0019 Staff Presentation
Related Items “On File” with the Clerk of the Board:
NA