To: Board of Supervisors
Department or Agency Name(s): Permit Sonoma
Staff Name and Phone Number: Scott Orr and Katerina Mahdavi (707)565-1900
Vote Requirement: Majority
Supervisorial District(s): Five
Title:
Title
10:10 A.M. File No. AGP22-0007 Ronald M. Albini and Linda S. Albini; and Wesley E. Albini Land Conservation Act Contract, 17260 Bodega Lane, Bodega
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Recommended Action:
Recommended action
Conduct a public hearing and adopt a Resolution to expand Agricultural Preserve 2-256 by adding +/- 101.05 acres to the Preserve and authorize the Chair to execute a new Non-Prime Land Conservation (Williamson) Act Contract and Land Conservation Plan on a 395.64-acre parcel, for a grazing property located at 17260 Bodega Lane, Bodega; APN 103-010-037; Permit Sonoma File No. AGP22-0007. (Fifth 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. 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 use, the landowner receives reduced property taxes.
This is a concurrent request to approve an expansion of an existing Agricultural Preserve by adding +/- 101.05 acres and, to execute a new Non-Prime Land Conservation Act Contract for the same 395.64-acre parcel where the expansion is proposed. Staff recommends the Board of Supervisors adopt the Resolution approving the Agricultural Preserve Expansion and authorizing the Chair to execute the new Non-Prime (Type II) contract on the subject parcel.
Discussion:
Ronald M. Albini and Linda S. Albini; and Wesley E. Albini seek approval of an expansion of Agricultural Preserve 2-256 and a new Non-Prime Land Conservation Act Contract for the 395.64-acre parcel, containing 390 acres of grazing land. This action would expand Agricultural Preserve 2-256 by adding +/- 101.05 acres and place the whole 395.64-acre parcel under a new Non-Prime Land Conservation Act Contract for grazing.
Site Characteristics:
The project site is located along Bodega Lane and Bodega Highway, approximately 0.1 miles south of the town of Bodega and 10.9 miles southwest of the city of Sebastopol. The project site contains approximately 390 acres of grazing land, two single-family dwellings, two garages, one barn, and two agricultural storage sheds. Salmon Creek, an estuary that empties into the Pacific Ocean, flows through the northern property line of the site.
Zoning for the subject property is Diverse Agriculture Coastal (allowed density: 40 acres per dwelling with a 160-acre minimum lot size), Land Extensive Agriculture (allowed density: 80 and 160 acres per dwelling), Land Extensive Agriculture Coastal (allowed density: 160 acres per dwelling with a 640-acre minimum lot size) and combining zones for Riparian Corridor with 50-foot, 100-foot and 200-foot setbacks, Scenic Resources, and Valley Oak Habitat.
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. A portion of the subject land at issue is outside established Preserve Number 2-256 but that same portion to be incorporated is adjacent to the established preserve.
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 concurrently consider adding the land to a designated Agricultural Preserve and its qualification for a contract. Approximately +/- 101.05 acres of the subject parcel are currently not in an existing Agricultural Preserve and are proposed to be added to Agricultural Preserve Area number 2-256 to ensure the parcel boundaries are coterminous 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).
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 at least 50% of the total parcel dedicated to a qualifying non-prime agricultural use, and once in a designated Agricultural Preserve, meet the minimum income requirements for non-prime agricultural land under the County’s Uniform Rules. The subject parcel is a single legal parcel, will be located within an established agricultural preserve, is 395.64 acres in size, and has 390 acres of land devoted to a commercial grazing operation. The grazing operation is projected to provide sufficient annual income of $2,000 per farm operation and $2.50 per acre of production for non-prime agriculture. The non-agricultural uses are permitted as they meet the criteria for compatible uses and occupy no more than 15% or 5 acres of the parcel, whichever is less, not including access roads. Here, the 5-acre standard applies which means 5 acres may be used for compatible uses not including access roads. The applicable non-agricultural uses are compatible because they are listed in the Uniform Rules as allowed compatible uses: one 2,800 square-foot primary single-family dwelling developed near the southern property line and one proposed farm family dwelling to be located in an existing 1,800 square-foot dwelling developed near the northern property line. To demonstrate consistency with the Uniform Rules for the proposed farm family dwelling, the applicant has filed for a Farm Family Dwelling designation for the existing 1,800 square-foot dwelling unit (Permit Sonoma File No. ZPE25-0227). There are no other non-agricultural uses on the property. For these reasons, the parcel qualifies for a Land Conservation Act contract for non-prime agricultural land.
CEQA
The project is Categorically Exempt from the California Environmental Quality Act (CEQA) per Section 15317 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 Agricultural Preserve expansion request and authorize the Chair to execute the contract, 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 395.64-acre parcel 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 $1,513,347. The property tax component of the tax rate is 1% of the property’s assessed value, or approximately $15,133.47.
Narrative Explanation of Staffing Impacts (If Required):
N/A
Attachments:
Attachment 1: AGP22-0007 Board of Supervisors Resolution
Attachment 2: AGP22-0007 Board of Supervisors Resolution Exhibit A-Agricultural Preserve Map
Attachment 3: AGP22-0007 Proposal Statement prepared by applicant
Attachment 4: AGP22-0007 Site Plan
Attachment 5: AGP22-0007 Assessor’s Parcel Map
Attachment 6: AGP22-0007 Land Conservation Act Contract with attached Exhibit A (legal description) and Exhibit B (Land Conservation Plan with attached Site Plan)
Attachment 7: PowerPoint Presentation
Related Items “On File” with the Clerk of the Board:
N/A