To: Board of Supervisors
Department or Agency Name(s): Permit Sonoma
Staff Name and Phone Number: Hannah Spencer, (707) 565-1928
Vote Requirement: Majority
Supervisorial District(s): Four
Title:
Title
Land Conservation Act Contract Replacement; Zane Holdings, LLC
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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 Prime (Type I) Land Conservation contract for vineyard and open space land on a 38.98 acre property located at 9722 Dry Creek Rd., Healdsburg; APN 139-060-033; Permit Sonoma File No. AGP17-0018; Supervisorial District 4.
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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 open space also with a 40-acre minimum. This action is to replace a Non-prime (Type II) Land Conservation Contract with a new prime contract that corresponds with new property line boundaries and current agricultural and open space uses consistent with a previously approved Lot Line Adjustment (LLA14-0025). 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 rescind and replace contract request.
Discussion:
Zane Holdings, LLC seeks approval of a replacement Land Conservation Contract for a 38.98 acre parcel located within Agricultural Preserve Area Number 2-475, to satisfy a Condition of Approval by a Board-approved Lot Line Adjustment processed on February 21, 2017 (LLA14-0025, Resolution No. 17-0086). This action would replace the existing non-prime Land Conservation contract with prime Land Conservation contract that corresponds with the new property line boundaries and the current agricultural (vineyard) and open space uses.
Site Characteristics:
The project site is located in the hills above Dry Creek Valley, approximately 0.5 miles northeast of Warm Springs Dam and ten miles northwest of the city of Healdsburg. The project site contains approximately 15 acres of vineyard and a mobile home. The remainder of the site is devoted to open space uses consisting of mixed oak woodlands, riparian woodlands, doug-fir woodlands, and chaparral. Schoolhouse Creek, a tributary that feeds Dry Creek and the Russian River, runs along the eastern property line of the site. The landowner plans to build a replacement future single family dwelling within one of the disturbed areas near the vineyard. The project site is split zoned RRD (Resources and Rural Development) B6-40 acre density / RRD (Resources and Rural Development) B6-40 acre density with combining districts Z (Accessory Unit Exclusion), RC50/50 (Riparian Corridor with 50-foot setbacks), and SR (Scenic Resources).
Background:
The subject parcel and three adjacent parcels (APN 139-060-030, -032, and -034) have been under a single non-prime Land Conservation contract since 1972 (contract #72-055929). On February 21, 2017 the Board approved Lot Line Adjustment LLA14-0025 for the subject site and two adjacent parcels (APN 139-060-032 and -034). The Lot Line Adjustment reduced the subject site by 19.32 acres. The Conditions of Approval for LLA14-0025 require that the landowner rescind the existing Land Conservation Act contract and replace it with three new contracts for the reconfigured parcels in accordance with the Uniform Rules (refer to Attachment D). To reflect the current agricultural and open space uses of the site, the landowner is requesting to replace the non-prime Land Conservation contract with a Prime contract for prime agricultural (vineyard) and open space uses. On October 23, 2018, the Board approved the replacement contract for one of the three parcels involved in LLA14-0025 (APN 139-060-032). Permit Sonoma is recommending the Board approve the last replacement contract involved in LLA14-0025 (APN 139-060-034) under File No. AGP17-0017.
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 2-475.
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.
Staff Recommendation:
Staff recommends the Board approve the request to rescind and replace the existing non-prime contract with a new Prime contract for vineyard land because all of the state and local requirements for the replacement request on the 38.98 acre parcel within the existing Agricultural Preserve have been met.
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).
b. On February 21, 2017, the Board approved a Lot Line Adjustment LLA14-0025 (Resolution No. 17-0086)
Fiscal Summary
N/A
Narrative Explanation of Fiscal Impacts:
N/A
Narrative Explanation of Staffing Impacts (If Required):
N/A
Attachments:
Draft Board of Supervisors Resolution
Attachment A: Proposal Statement prepared by applicant
Attachment B: Site Plan
Attachment C: Wildlife Habitat Study prepared by Kjeldsen Biological Consulting, dated February 2015
Attachment D: Lot Line Adjustment File No. LLA14-0025 Conditions of Approval
Attachment E: Assessor’s Parcel Map
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).