To: Board of Supervisors
Department or Agency Name(s): Permit Sonoma
Staff Name and Phone Number: Jen Chard, Planner I (707) 565-2336
Vote Requirement: Majority
Supervisorial District(s): Second
Title:
Title
1:45 PM - File No. AGP21-0024 Manor Lane New Land Conservation Contract
End
Recommended Actions:
Recommended action
To conduct a public hearing and adopt a Resolution to expand Agricultural Preserve 2-411 by adding 217.52 acres and approve a new Non-Prime Land Conservation (Williamson) Act Contract and Land Conservation Plan on the same 217.52-acre parcel, for a grazing property located at 3762 Old Adobe Road, Petaluma; APN 136-150-014. (Second 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
d) Hybrid contracts with a mix of agricultural and open space also with a 40-acre minimum. This is a combined request to approve an expansion of an existing Agricultural Preserve by adding 2-411 acres and, to execute a new Non-prime Land Conservation Act Contract for the same 217.52-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:
Becky Chevalier, trustee of Ernest and Beverly Deniz Trust, seeks approval of an expansion of Agricultural Preserve 2-411 and a new Non-prime Land Conservation Act Contract for the 217.52-acre parcel, containing 217.52 acres of grazing land. This action would expand Agricultural Preserve 2-411 by adding 217.52 acres and place the same 217.52 acres under a new non-prime Land Conservation contract for vineyard.
Site Characteristics:
The project site is accessed via Manor Lane West off Adobe Road, approximately 1.7 miles northeast of Adobe Road and 2.4 miles northeast of the city of Petaluma. The project site contains approximately 217.52 acres for grazing and no structures. There are no plans for future development on the site. The legal parcel was created by a minor subdivision recorded on August 9, 1984.
Zoning for the property is Land Extensive Agriculture with no subdivision potential and combining zones for Taylor/Sonoma/Mayacamas Mountains Combining District, Riparian Corridor with 50-foot setback and Scenic Resources.
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 2-411.
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.
Enlargement of the Agricultural Preserve:
To be considered for a contract, land must be in a designated Agricultural Preserve. The Board may conterminously consider adding the land to a designated Agricultural Preserve, and its qualification for a contract. The 217.52-acre subject parcel is currently not in an existing Agricultural Preserve. The parcel is proposed to be added to Agricultural Preserve Area number 2-411 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). Additionally, the project is Categorically Exempt from the California Environmental Quality Act (CEQA) per Section 13517 of the CEQA Guidelines.
New Land Conservation (Williamson) Act Contract:
To be eligible for a new Non-Prime Williamson Act contract, the subject parcel must be at least 40 acres in size, have 50% of the total parcel dedicated to grazing land, and once in a designated Agricultural Preserve, meet the minimum income requirements of the Williamson Act. The subject parcel is 217.52 acres in size and has 217.52 acres of land devoted to a commercial grazing operation. The grazing operation has historically and is projected to continue to provide sufficient income to meet the minimum requirements and therefore qualifies for a Land Conservation Act contract for non-prime agricultural land.
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 Non-prime Land Conservation Act Contract for the 217.52-acre parcel have been met.
Strategic Plan:
Not Applicable
Prior Board Actions:
12/13/2011: Board approves the Sonoma County Uniform Rules for Agricultural Preserves and Farmland Security Zones (Resolution No. 11-0678)
07/31/2012: Board amends the Sonoma County Uniform Rules for Agricultural Preserves and Farmland Security Zones (Resolution No. 12-0379)
05/07/2013: Board amends the Sonoma County Uniform Rules for Agricultural Preserves and Farmland Security Zones (Resolution No. 13-0186)
12/20/2016: Board amends the Sonoma County Uniform Rules for Agricultural Preserves and Farmland Security Zones (Resolution No. 16-0485)
10/31/2017: Board amends the Sonoma County Uniform Rules for Agricultural Preserves and Farmland Security Zones (Resolution No. 17-0426)
11/07/2017: Board amends the Sonoma County Uniform Rules for Agricultural Preserves and Farmland Security Zones (Resolution No. 17-0438)
Fiscal Summary
Not Applicable
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 $1,503,500. Property taxes are generally 1.1% of assessed value.
Staffing Impacts:
Not Applicable
Narrative Explanation of Staffing Impacts (If Required):
Not Applicable
Attachments:
Att 1 Board of Supervisors Resolution with Attachment A - Agricultural Preserve Map
Att 2 Proposal Statement Prepared by Applicant
Att 3 Site Plan
Att 4 Assessor’s Parcel Map
Att 5 Staff PowerPoint
Related Items “On File” with the Clerk of the Board:
Land Conservation Act Contract with attached Exhibit A (legal description) and Exhibit B (Land Conservation Plan with attached Site Plan).