To: Board of Supervisors
Department or Agency Name(s): Permit Sonoma
Staff Name and Phone Number: Tennis Wick (707) 565-1925, Ken Compton, Planner II (707) 565-2829
Vote Requirement: Majority
Supervisorial District(s): Third
Title:
Title
File No. AGP19-0002 Crane Melon Barn LLC Land Conservation Contract; 4935 Petaluma Hill Road, Santa Rosa
End
Recommended Action:
Recommended action
Adopt a Resolution to approve a new Prime (Type I) Land Conservation contract for agricultural land on a 11.89-acre property located at 4935 Petaluma Hill Road, Santa Rosa; APN 045-171-046; Permit Sonoma File No. AGP19-0002. (Third District)
end
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 action is to execute a new Prime Land Conservation Contract for prime agricultural uses on the 11.89 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. An expansion or modification to the existing Agricultural Preserve area is not required. Staff recommends the Board of Supervisors approve the new contract request.
Discussion:
Cynthia Crane seeks approval of a new Land Conservation Contract for an 11.89-acre parcel located within Agricultural Preserve Area Number 2-365. This action would place the 11.89 acre parcel under a new Prime Land Conservation contract for the prime agricultural uses on the site consisting of vineyard, blackberries, and orchard.
Site Characteristics:
The project site is located at the base of the Sonoma Mountains along Petaluma Hill Road, approximately 0.25 miles north of the city of Rohnert Park. The parcel is 11.89 acres and contains approximately 6 acres of vineyard, 0.75 acres of blackberries and mixed orchard, and a barn used to support the agricultural operation. The remainder of the site consists of undesignated areas including compacted driveway and access roads. An unmapped, seasonal drainage runs through the middle of the parcel. The landowner plans to retain all agricultural uses of the site and may, at a later time, construct a future single-family dwelling on the site. The parcel is zoned Diverse Agriculture (DA), with combining districts for Accessory Dwelling Unit Exclusion (Z) Oak Woodland (OAK) Scenic Resources (SR) and Valley Oak Habitat (VOH).
Background:
The subject parcel was previously under a single non-prime Land Conservation contract established in 1972 (contract #72-052469). Due to parcel size, the non-prime contract (40 acre minimum) was no longer in conformance with the Uniform Rules. As a part of the adoption of the Uniform Rules (Resolution #11-0678) the subject property was included in a County initiated phase out. The Notice of Non-Renewal was filed by the County in 2013 (document #2013073789) and the non-prime contract completed phase out on December 31, 2022. The landowner is requesting to establish a new Prime contract to place the property back into the Williamson Act and recognize its qualifying prime agricultural uses consisting of approximately 6 acres of vineyard and 0.75 acres of blackberries and mixed orchard on the site. At the time the owner executed the current proposed type I contract the prior type II contract had not yet fully phased out following initiation of non-renewal, and as a result, the proposed type I contract language refers to ‘rescinding’ the prior type II contract. That language has become superfluous and will not be operative due to the passage of time and the termination of the prior type II contract. In other words, the prior type II contract cannot be rescinded because it has already terminated. As a result, approval of the contract is simply approval of new contract, which will go into effect on the January first following its recordation.
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 property is within Agricultural Preserve Area Number 2-365.
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. Future changes to the Land Conservation Plan may be approved by the Director of Permit Sonoma and recorded on title of the subject parcel.
New Land Conservation (Williamson) Act Contract:
To be eligible for a new Prime Williamson Act contract, the subject parcel must be at least 10 acres in size, be located in an agricultural preserve, and have 50% of the total parcel dedicated to a qualifying agricultural use and meet the minimum income requirements of the Williamson Act. However, the County’s Uniform Rules provide that for less than 12 acres of prime agricultural land devoted to agricultural uses, a minimum of six acres must be planted in a permanent crop. The subject parcel is located in an agricultural preserve. The parcel is 11.89 acres in size, which is less than 12 acres, and has the requisite 6 acres of land planted in permanent crop, consisting of 6-acres of commercial vineyard (50.54%) and 0.75 acres (6.32%) of land planted in blackberries and mixed orchard for commercial purposes. The minimum income requirements for prime agricultural land of not less than $1,000.00 per planted acre for vines and bushes (i.e., grapes, berries), and not less than $300.00 per planted acre for fruit or nut trees (i.e., apples, pears). The agricultural operations historically have generated and are projected to provide sufficient income to meet the minimum requirements because the annual income is $10,500 per acre for the vineyard and blackberries and $4,000 per acre for the orchard. Additionally, non-agricultural uses of the parcel are compatible uses. These uses consist of allowed recreational type uses like picnicking, and collectively occupying 0.47 acres of the parcel, which comprises 4.0% of the parcel, and which is also less than either five acres or 15% of the parcel. For these reasons, the parcel qualifies for a Land Conservation Act contract for prime agricultural land.
Staff Recommendation:
Staff recommends the Board approve the new Prime contract because all of the state and local requirements for the 11.89-acre parcel within the existing Agricultural Preserve have been met.
Strategic Plan:
N/A
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 $57,085.00. Property taxes are generally 1.1% of assessed value.
Narrative Explanation of Staffing Impacts (If Required):
N/A
Attachments:
Attachment 1: AGP19-0002 Board of Supervisors Resolution
Attachment 2: AGP19-0002 Proposal Statement prepared by Cynthia Crane
Attachment 3: AGP19-0002 Site Plan
Attachment 4: AGP19-0002 Assessor’s Parcel Map
Attachment 5: AGP19-0002 Land Conservation Act Contract with attached Exhibit A (legal description) and Exhibit B (Land Conservation Plan with attached Site Plan)
Related Items “On File” with the Clerk of the Board:
N/A