COUNTY OF SONOMA PERMIT AND RESOURCE MANAGEMENT DEPARTMENT 2550 Ventura Avenue, Santa Rosa, CA (707) FAX (707)

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1 COUNTY OF SONOMA PERMIT AND RESOURCE MANAGEMENT DEPARTMENT 2550 Ventura Avenue, Santa Rosa, CA (707) FAX (707) DATE: TO: FROM: SUBJECT: December 15, 2009 at 2:05 p.m. Board of Supervisors Traci Tesconi, Project Planner AGP , Seghesio Farms Background: The property owner, Seghesio Farms, has filed a request to include acres into an existing Agricultural Preserve Area (), and to rescind and replace an existing Type I Williamson Act contract and authorize the Chair of the Board of Supervisors sign a new Type I Williamson Act contract on total acres as a condition of approval for a previously approved Lot Line Adjustment (LLA ), on property located at 24050, and Geyserville Avenue, Geyserville. The property is zoned LIA (Land Intensive Agriculture) B6-20 acre density, SR (Scenic Resource), VOH (Valley Oak Habitat), Z (Second Unit Exclusion), F2 (Secondary Flood Plain). On July 14, 2009, the Board of Supervisors (Resolution No ) approved a Lot Line Adjustment between two parcels, acres (Lot A- Seghesio) and acres (Lot B- Seghesio) in size, resulting in two parcels acres and acres in size. The Board of Supervisors determined that the Lot Line Adjustment met all the required findings under Section of the Government Code. A majority of the Seghesio parcel is planted in vineyard and the purpose of the Lot Line Adjustment was to acquire more land planted in vineyards. Lot A is under a Williamson Act contract. On August 26, 2009, the Lot Line Adjustment deeds recorded (OR# ). Conditions of Lot Line Adjustment: The previously approved Lot Line Adjustment included as a condition of approval that the existing Type I contract on Lot A be rescinded and replaced with a new contract in order for the parcel s new legal description to coincide with the Williamson Act contract description. It was also discovered that even though the land under Lot A is considered one legal lot of record, the parcel s existing Williamson Act Contract (Book 2606, Page 708; recorded in 1972) did not include APN Contracts must include whole, legal parcels. Therefore, conditions of approval require that the Agricultural Preserve Area be enlarged by acres to include the land adjusted into Lot A and to include that portion of Lot A (APN ) currently not contracted. Analysis:

2 December 15, 2009 File AGP Page 2 State Law Requirements: The enlargement of an Agricultural Preserve includes certain procedural requirements, listed as follows: 1. Pursuant to Government Code Section the Board of Supervisors may only modify a preserve by a resolution and after a public hearing. Therefore, consistent with the requirements a public hearing is being held and if approved, consistent with Government Code Section 51237, the Resolution, along with the modified Agricultural Preserve Area map depicting the acres added to the preserve area will be recorded with the County Recorders Office. 2. Pursuant to Government Code Section 51233, two weeks prior to this hearing, a notice was sent to LAFCO, but no cities are within one mile of the preserve boundary, therefore, no hearing notice was required to be sent to any nearby city. 3. Pursuant to Government Code Section 51234, PRMD has determined that enlarging the existing Agricultural Preserve Area is consistent with the General Plan because the land to be added to the preserve area is under the Land Intensive Agricultural land use and zoning designation, is entirely planted with existing vineyard, and thereby the parcel is devoted to agriculture. Type I Contract Qualifications: The parcel continues to exceed the 10 acre minimum parcel size requirement and the minimum of $200 per acre gross income requirement for a Type I contract. The parcel is fully planted in vineyard, except for the year-round farm worker housing unit site, approved under ZPE The Lot Line Adjustment added 14.5 acres more acres of vineyard to the original parcel. The parcel continues to demonstrate that it is devoted to agricultural with over 50% of the parcel being planted in existing vineyard. In addition, consistent with Government Code Section , it has been well established that the existing year-round farm worker housing unit on the site is considered a compatible use because those persons residing in the unit manage and maintain the on-site vineyard. STAFF RECOMMENDATION: Staff recommends the Board of Supervisors approve the request. List of Attachments: Draft Board of Supervisors Resolution EXHIBIT A Existing and Proposed Agricultural Preserve Area Map On File with the Clerk: Project Description, Planning Application and Supplemental Information, Income Statement, Location Map, Assessor s Parcel Map, Site Plan and Site Detail Plan.

3 Resolution No. County of Sonoma Santa Rosa, Ca Date: December 15, 2009 AGP Traci Tesconi RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SONOMA, STATE OF CALIFORNIA APPROVING THE REQUEST BY SEGHESIO FARMS TO ENLARGE EXISTING AGRICULTURAL PRESERVE AREA () BY ADDING ACRES AND TO RESCIND AND REPLACE AN EXISTING TYPE I CONTRACT AND AUTHORIZE THE CHAIR OF THE BOARD OF SUPERVISORS TO SIGN A NEW TYPE I CONTRACT FOR ACRES, AS A CONDITION OF APPROVAL FOR A PREVIOUSLY APPROVED LOT LINE ADJUSTMENT (LLA ) FOR PROPERTY LOCATED AT 24050, AND GEYSERVILLE AVENUE, GEYSERVILLE, APNS , -003, -009, 010, AND WHEREAS, the applicant, Seghesio Farms filed an application to enlarge an existing Agricultural Preserve Area () by acres, and to rescind and replace an existing Type I Williamson Act Contract and authorize the Chair of the Board of Supervisors to sign a new Type I Contract on acres, as a condition of a previously approved Lot Line Adjustment (LLA ), on property located at 24050, and Geyserville Avenue, Geyserville, APNS , -003, -009, 010, and -013, Supervisorial District 4. WHEREAS, on July 14, 2009 the Board of Supervisors made findings required by Government Code and approved Lot Line Adjustment LLA between parcels , - 007, -009, -010, -013; and WHEREAS, the applicant has provided evidence that the Lot Line Adjustment complies with County-adopted Rules and Regulations for Administration of Agricultural Preserves and that each resulting parcel will qualify for a Type I Williamson Act Contract; and WHEREAS, Section of Title 14 of the California Code of Regulations provides that enlargement of an Agricultural Preserve and the making and renewing of Williamson Act Contracts are exempt from the California Environmental Quality Act. NOW, THEREFORE, BE IT RESOLVED, said Board finds that the above recitals are true and correct. BE IT FURTHER RESOLVED, said Board of Supervisors makes the following findings that enlarging the existing Agricultural Preserve Area () is consistent with the following: 1. Pursuant to Government Code Section the Board of Supervisors held a public hearing and approved the modification to enlarge the existing Agricultural Preserve Area () 2. Pursuant to Government Code Section 51237, the Resolution, along with the modified Agricultural Preserve Area Map () depicting the acres added to the preserve

4 Resolution # Date: December 15, 2009 Page 2 area will be recorded with the County Recorders Office. 3. Pursuant to Government Code Section 51233, two weeks prior to this hearing, a notice was sent to LAFCO. No official cities exist within one mile of the preserve boundary. 4. Pursuant to Government Code Section 51234, the Board of Supervisors has determined that enlarging the existing Agricultural Preserve Area () is consistent with the General Plan because the land added to the preserve area is under the Land Intensive Agricultural land use and zoning designation, is entirely planted in existing vineyard, and thereby the parcel is devoted to an agricultural use. 5. The subject parcel continues to exceed the 10 acre minimum parcel size requirement and the minimum of $200 per acre gross income requirement for a Type I contract. The parcel is fully planted in vineyard, except for the year-round farm worker housing unit site. Consistent with Government Code Section , it has been well established that the existing year-round farm worker housing unit on the site is considered a compatible use because those persons residing in the unit manage and maintain the onsite vineyard. BE IT FURTHER RESOLVED that the Board of Supervisors hereby grants the request by Seghesio Farms to rescind the existing Type I Williamson Act Contract, (No. ), and simultaneously replace it with a new Type I contract restricting the adjusted parcel boundaries pursuant to LLA to now include APN , and authorize the Chair of the Board to sign the new Williamson Act Contract and the new Agricultural Preserve Area Map (). BE IT FURTHER RESOLVED that the Clerk of the Board of Supervisors is hereby instructed to record this Resolution, along with the modified Agricultural Preserve Area Map () with the Office of the Sonoma County Recorder. BE IT FURTHER RESOLVED that the Board of Supervisors hereby authorizes the Chair of the Board of Supervisors to sign the new Type I Williamson Act Contract. BE IT FURTHER RESOLVED that the Board of Supervisors finds that the project described in this Resolution is exempt from the requirements of the California Environmental Quality Act by virtue of Section Class 17 of Title 14 of the California Code of Regulations (CEQA Guidelines) in that the project is an establishment of a Williamson Act Contract. BE IT FURTHER RESOLVED that the Board of Supervisors designates the Clerk of the Board as the custodian of the documents and other material which constitute the record of proceedings upon which the decision herein is based. These documents may be found at the office of the Clerk of the Board, 575 Administration Drive, Room 100-A, Santa Rosa, California

5 Resolution # Date: December 15, 2009 Page 3 SUPERVISORS VOTE: Brown: Kerns: Zane: Carrillo: Kelley: Ayes: Noes: Absent: Abstain: SO ORDERED.

6 Existing Agricultural Preserve Area Proposed Agricultural Preserve Area Asti Rd Asti Rd KÍ K Í Geyserville Ave KÍ Geyserville Ave Ê ,500 Feet 1 inch equals 1,500 feet Base Data Parcels Main Arterials Map Scale and Reproduction methods limit precision in physical features displayed. T his map is for illustrative purpose only, and is not suitable for parcel-specific decision making. The parcels contained here-in are not intended to represent surveyed data. Site-specific studies are required to draw parcel-specific conclusions. Ag Preserve Amendment Data Subject Area Existing Agricultural Preserve Boundary Proposed Agricultural Preserve Boundary Assessor's parcel data are current as of January 5, For more current parcel data consult the County of Sonoma Assessor's Office. No part of this map may be copied, reproduced, or transmitted in any form or by any means without written permission from the Permit and Resource Management Department (PRMD), County of Sonoma, California. FILE: AGP [LLA ] APN: , -007, -009, -010 & -013 Resolution No.: N/A Adopted Date: N/A Permit and Resource Management Department Project Review Section 2550 Ventura Avenue, Santa Rosa, CA (707) x (707)