To: Sonoma County Board of Supervisors
Department or Agency Name(s): Permit Sonoma
Staff Name and Phone Number: Scott Orr, Director (707) 565-1925 and Ken Compton, Planner (707) 565-2829
Vote Requirement: Majority
Supervisorial District(s): Second
Title:
Title
File No. AGP25-0014 Escobar Teixeira Land Conservation Contract, 2535 Stage Gulch Rd, Petaluma
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Recommended Action:
Recommended action
Adopt a Resolution to mutually rescind and replace a Non-prime (Type II) Land Conservation Act contract with a Non-prime (Type II) Land Conservation contract for agricultural land on a 128-acre property located at 2535 Stage Gulch Road, Petaluma; APN 068-040-020; Permit Sonoma File No. AGP25-0014. (Second District)
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Executive Summary:
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. 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 (Type I); b) Non-Prime contracts for grazing with a 40-acre minimum (Type II); c) Open Space contracts with a 40-acre minimum (Type III), and d) Hybrid contracts with a mix of agricultural and/or open space also with a 40-acre minimum (Type IV).
The proposed action is to replace a Non-prime (Type II) Land Conservation Act Contract with a new Non-prime Land Conservation Act Contract to reflect the current agricultural uses of the property and the updated property boundaries and ownership resulting from the recordation of an Administrative Certificate of Compliance (ACC). An expansion or modification to the existing Agricultural Preserve area is not required. Staff recommends the Board of Supervisors adopt the resolution approving the rescind and replace contract request.
Discussion:
Shayla Teixeira-Toepfer (Applicant) seeks approval of a replacement Land Conservation Act Contract for a 128-acre parcel located within Agricultural Preserve Area Number 2-246, to reflect the current agricultural uses of the property. This action would replace the existing Non-prime Land Conservation contract for this parcel with a second, new, independent Non-prime Land Conservation contract that corresponds with the current agricultural uses of this parcel and the updated property boundaries and ownership resulting from the recordation of three Administrative Certificates of Compliance, File No. PLP18-0024 (ACC18-0029). The remaining two adjacent ACC parcels will remain subject to the existing Land Conservation Act Contract.
Site Characteristics:
The project site is located along Adobe Road, with access off Stage Gulch Road (Highway 116), approximately 2.4 miles east of Petaluma. The subject parcel substantially consists of open grazing lands historically used for a dairy operation. Development on the parcel includes a primary residence, four barns, a storage building, and graveled access roads and driveways. An unnamed ephemeral drainage intersects the parcel east to west and two agricultural ponds are situated on the northern portion of the parcel. The landowner plans to eventually convert one of the existing barns into a commercial dog kennel. The property is zoned Land Extensive Agriculture (LEA) with a density of one dwelling per 60 acres and combining districts for Accessory Dwelling Unit Exclusion (Z), Riparian Corridor (RC50/25), Scenic Resources (SR), and Valley Oak Habitat (VOH).
Background:
The subject parcel and two adjacent parcels (APNs 068-040-018, -020, and -021) have been under a single Non-prime Land Conservation contract since 1971 (Recorded Doc. No. 1971099717). On October 15, 2018, an Administrative Certificate of Compliance (ACC) was recorded for the subject parcel (Recorded Doc. No. 2018071492) which established the historic property boundaries for the parcel. Following this, a grant deed was recorded for the subject parcel (Recorded Doc. No. 2023012812) resulting in a transfer of ownership. Pursuant to Uniform Rules Section 5.1(B)(2), if land restricted by a pre-2012 contract is comprised of multiple parcels, including as the result of the recognition of a certificate of compliance parcels, and if one or more of the separate parcels transfers to a different owner, then the new owner(s) exercise the rights and responsibilities of the contract separately and independently from the other parcel owners. This includes the right to exercise nonrenewal or to seek recission and replacement of the existing contract as to the new owner’s parcel. Now, to have a contract that solely reflects the current boundaries of the subject parcel and ownership, the applicant seeks to mutually rescind and replace the subject parcel’s existing Non-prime contract with a new independent Non-prime contract. The remaining two adjacent parcels would still be subject to the existing Land Conservation Act Contract.
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 2-246.
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 Non-prime Land Conservation (Williamson) Act Contract:
To be eligible for a new Non-prime Land Conservation Act contract, the subject parcel must be at least 40 acres in size, have 50% of the total parcel dedicated to a qualifying agricultural use, meet the minimum income requirements of the Williamson Act, and not exceed the maximum acreage of compatible use(s). The subject parcel is 128 acres in size and has 123.35 (96%) of land devoted to grazing. The grazing generates $18,500 of annual income ($144/acre per year), which is sufficient to meet the minimum income requirements of $2,000 of annual income per farm operation and $2.50 per acre per year. Compatible uses, consisting of a primary residence, barns, and a storage building, encompass 4.65-acres, which is below the maximum threshold of 5 acres. Therefore, the property qualifies for a Land Conservation Act contract for Non-prime agricultural land.
Staff Recommendation:
Staff recommends the Board approve the request to rescind and replace the existing Non-prime contract with a new Non-prime contract because all of the state and local requirements for the replacement request on the 128-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:
NA
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. Because the property is currently under a Land Conservation Act contract and is therefore already subject to reduced property tax assessment, the County of Sonoma Assessor estimates there will be no change in property assessment value, and therefore no fiscal impact associated with the application.
Narrative Explanation of Staffing Impacts (If Required):
N/A
Attachments:
Attachment 1: AGP25-0014 Board of Supervisors Resolution
Attachment 2: AGP25-0014 Proposal Statement prepared by Landowner
Attachment 3: AGP25-0014 Site Plan
Attachment 4: Assessor’s Parcel Map
Attachment 5: Land Conservation Act Contract with Attached Exhibit A and B
Related Items “On File” with the Clerk of the Board:
N/A