To: Board of Supervisors
Department or Agency Name(s): Permit Sonoma
Staff Name and Phone Number: Jen Chard, Planner II (707) 565-2336
Vote Requirement: Majority
Supervisorial District(s): Fourth
Title:
Title
9:35 AM -File No. AGP21-0029 Treehouse Vineyards LLC Land Conservation Contract, 13416 Flora Ranch Road, Healdsburg
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Recommended Action:
Recommended action
Conduct a Public Hearing and Adopt a Resolution to expand Agricultural Preserve 1-386 by adding 112.58 acres and, approve a new Open Space Land Conservation (Williamson) Act Contract and Land Conservation Plan on the same 112.58-acre parcel, for an open space property located at 13416 Flora Ranch Road, Healdsburg; APN 132-260-002; PRMD File No. AGP21-0029 (Fourth 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 open space also with a 40-acre minimum. This is a combined request to approve an expansion of an existing Agricultural Preserve by adding 112.58 acres and, to execute a new Open Space Land Conservation Act Contract for the same 112.58-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:
Treehouse Vineyards, LLC seeks approval of an expansion of Agricultural Preserve 1-386 and a new Open Space Land Conservation Act Contract for the 112.58 acre parcel, containing 81.63 acres of open space land. This action would expand Agricultural Preserve 1-386 by adding 112.58 acres and place the same 112.58 acres under a new open Space Land Conservation contract for vineyard.
Site Characteristics:
The project site is located 0.72 miles off Chalk Hill Road, approximately 4.5 miles southeast of the city of Healdsburg and 2.9 miles northeast of the town of Windsor. The project site contains approximately 81.63 acres of open space, 24.09 acres of vineyard and a 2.26 acre reservoir.
The subject property is zoned Land Intensive Agriculture (LIA), Frozen Density (B7) and combining district for Riparian Corridor with 100 foot setback (RC100/50).
In December 2016, a Wildlife Habitat Assessment was conducted on the site by Kjeldsen Biological Consulting (refer to Attachment 4). The study evaluated the project site’s qualification for an Open Space Land Conservation Act contract. The Study was updated in 2023 as portions of the property had been burned in 2019. The Study concluded that the property presents the open space qualities and wildlife resources consistent with an Open Space contract. The Land Conservation Plan (refer to Exhibit B) requires the landowner to implement management practices that will enhance and maintain the wildlife habitat values identified in the study.
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 1-386.
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 112.58 acre subject parcel is currently not in an existing Agricultural Preserve. The parcel is proposed to be added to Agricultural Preserve Area number 1-386 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 Open Space Williamson Act contract, the subject parcel must be at least 40 acres in size, have 50% of the total parcel dedicated to open space uses, and once in a designated Agricultural Preserve, meet the minimum income requirements of the Williamson Act. In addition, the current agricultural uses will not impair the open space use and is consistent with Local Rule 8.5D. The subject parcel is 112.58 acres in size, and has 81.63 acres of land are devoted to open space and wildlife habitat.
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 Open Space Land Conservation Act Contract for the 112.58 acre parcel have been met.
Strategic Plan:
Not Applicable
Racial Equity:
Was this item identified as an opportunity to apply the Racial Equity Toolkit?
No
Prior Board Actions:
A. On December 13, 2011, the Board approved the Sonoma County Uniform Rules for Agricultural Preserves and Farmland Security Zones (Resolution No. 11-0678).
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 $3,110,916. Property taxes are generally 1.1% of assessed value, resulting in a reduction of roughly $34,000 in revenue for all taxing entities, of which approximately $10,000 would have gone to the General Fund
Narrative Explanation of Staffing Impacts (If Required):
Not Applicable
Attachments:
ATT 1: AGP21-0029 Board of Supervisors Resolution
ATT 2: AGP21-0029 Board of Supervisors Resolution Exhibit A Agricultural Preserve Map
ATT 3: AGP21-0029 Proposal Statement prepared by applicant
ATT 4: AGP21-0029 Site Plan
ATT 5: AGP21-0029 Wildlife Habitat Assessment, Kjeldsen Biological Consulting, December 2016
ATT 6: AGP21-0029 Assessor’s Parcel Map
ATT 7: AGP21-0029 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:
Not Applicable