To: Board of Supervisors
Department or Agency Name(s): Permit Sonoma
Staff Name and Phone Number: Claudette Diaz
Vote Requirement: Majority
Supervisorial District(s): District 1
Title:
Title
1:30 P.M. -File No. AGP20-0002 Bordes Land Conservation Contract at 21783 Champlin Creek Lane, Sonoma, CA 95476
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Recommended Action:
Recommended action
Hold a public hearing and adopt a Resolution to expand Agricultural Preserve 1-240 by adding 21.79 acres and, approve a new Prime Land Conservation (Williamson) Act Contract and Land Conservation Plan on the same 21.79-acre parcel, for a vineyard property located at 21783 Champlin Creek Lane, Sonoma, CA 95476; APN 142-052-016; PRMD File No. AGP20-0002. (First 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 open space also with a 40-acre minimum. This is a combined request to approve an expansion of an existing Agricultural Preserve (1-240) by adding 21.79 acres and to execute a new Prime Land Conservation Act Contract for the same 21.79-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:
Stephen J. Bordes and Carolyn M. Bordes seek approval of an expansion of Agricultural Preserve 1-240 and a new Prime Land Conservation Act Contract for the 21.79-acre parcel, containing 16.1 acres of vineyard land. This action would expand Agricultural Preserve 1-240 by adding 21.79 acres and place the same 21.79 acres under a new prime Land Conservation contract for vineyard.
Site Characteristics:
The project site is located along Champlin Creek Lane and Highway 116 Stage Gulch Road, 3.0 miles south west of the of the city of Sonoma. The project site contains approximately 16.1 acres of vineyards and no structures. A designated 2.0-acre building envelope, created by Parcel Map No. MNS03-0002, is located on the southwestern part of the parcel; a septic testing site is located on the south most part of the parcel; and a seasonal creek runs along the southwestern corner of the parcel. The landowner plans to build a future single family dwelling on the site, along with associated improvements, within the building envelope. The parcel is zoned DA (Diverse Agriculture) B6 20-acre density (one dwelling per 20 acres), RC 50/25 (Riparian Corridor with a setback of 50 feet from structures and 25 feet from agriculture), and SR (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 and contiguous to established Preserve Number 1-240.
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 21.79 acre subject parcel is currently not in an existing Agricultural Preserve. The parcel is proposed to be added to Agricultural Preserve Area number 1-240 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 Prime (Type I) Williamson Act contract, the subject parcel must be at least 10 acres in size, have 50% of the total parcel dedicated to permanent crop uses, and once in a designated Agricultural Preserve, and meet the minimum income requirements of the Williamson Act. The subject parcel is 21.79 acres in size, and has 16.1 (74% of the total parcel) acres of land planted as vineyards. The vineyard is projected to provide sufficient income to meet the minimum requirements and therefore qualifies for a Land Conservation Act contract for prime agricultural land. The current and future compatible uses, including the 2.0-acre building envelope, septic testing site, and associated improvements, are consistent with the Uniform Rules.
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 Prime Land Conservation Act Contract for the 21.79 acre parcel 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).
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 $1,545,441. Property taxes are generally 1.1% of assessed value.
Narrative Explanation of Staffing Impacts (If Required):
N/A
Attachments:
ATT 1: Draft Board of Supervisors Resolution
ATT 1 a: Agricultural Preserve Map
ATT 2: Proposal Statement prepared by applicant
ATT 3: Site Plan
ATT 4: 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).