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

Transcription

1 COUNTY OF SONOMA PERMIT AND RESOURCE MANAGEMENT DEPARTMENT 2550 Ventura Avenue, Santa Rosa, CA (707) FAX (707) DATE: TO: FROM: December 15, 2009 at 2:05 p.m. Board of Supervisors Sigrid Swedenborg, Project Planner SUBJECT: Agricultural Preserve/Williamson Act Contract; AGP Background: ANALYSIS The property owner, has requested that the Board of Supervisors modify an existing Agricultural Preserve ( ; Book 2607, Page 613), expanding it by acres and authorize the Chair of the Board of Supervisors to establish a new Type I Williamson Act Contract on the acres pursuant to Government Code Section for property located at 5520 and 5532 West Soda Rock Lane, Healdsburg; APN ; Zoned LIA (Land Intensive Agriculture), B6-20 and LIA (Land Intensive Agriculture), B6-60 acre density, F1 (Floodway Combining District), F2 (Floodplain Combining District), BR (Biotic Resource), VOH (Valley Oak Habitat); Supervisorial District No. 4. Issue #1: Requirements for Establishment of an Agricultural Preserve The enlargement of an Agricultural Preserve includes certain procedural requirements, listed as follows: a. Pursuant to Government Code Section the Board of Supervisors may only modify Agricultural 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. Under the Williamson Act and County Rules for Type I Agricultural Preserves, preserves must be 100 acres, unless certain findings are made. Here the 100 acre minimum is satisfied. In addition, the land qualifies for inclusion in the Type I Agricultural Preserve because the land is prime land planted with vineyards. b. 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. c. Pursuant to Government Code Section 51234, PRMD has determined that enlarging the

2 December 15, 2009 Page 2 existing Agricultural Preserve Area is consistent with the General Plan because the land to be added to the Agricultural Preserve Area is under the Land Intensive Agricultural land use and zoning designation, is planted with a vineyard, and has cattle grazing in the area unsuitable for vineyard development, and is, therefore, devoted to agriculture. Issue #2: Type I Contract Qualifications a. The land will be located within a Type I Agricultural Preserve. b. The site is considered prime agricultural land as it is planted in vineyards. c. The parcel, at 280 acres, exceeds the 10 acre minimum Contract parcel size required. Approximately 100 acres are planted in grapes. Cattle are also grazed on the site and a large portion of the parcel is directly adjacent to the Russian River and restricted by the BR (Biotic Resources), F1 (Floodway Combining District), and F2 (Floodplain Combining District) zoning districts. d. The parcel meets the minimum income generation standards of $200 per acre per year as shown on the attached Income Statement. The vineyard operation on the subject parcel exceeds the minimum income requirement of $ per acre gross annual income by earning $9,400 gross income per planted acre annually from the 100 acres of vineyard. e. Overall the land is devoted to agricultural use because it is planted in vines, and used for grazing. f. There is one residence on the site for the owner, and a small unit used for housing vineyard workers. This is considered a compatible use because those persons residing in the unit manage and maintain the on-site vineyard. Due to the fiscal problems faced by the State of California the state is no longer providing subvention money to local jurisdiction to make up for the money lost in reduced taxes for lands under Williamson Act Contracts. On October 20, 2009, the Board of Supervisors discussed whether new contracts should be allowed until such time as the subvention money program is restored. The Board directed PRMD to continue processing requests for new Williamson Act Contracts submitted by October 20, This request was submitted on October 6, PRMD is not processing requests for new Williamson Act Contracts received after October 20, 2009, until further notice. STAFF RECOMMENDATION All requirements for the inclusion of the subject land in a Type I Agricultural Preserve have been satisfied. The land, once included in the Agricultural Preserve, will meet all requirements for a Type I Williamson Act Contract including the minimum parcel size requirement, and income requirement; therefore, staff recommends the Board of Supervisors include the acres within Agricultural Preserve and authorize the Chair of the Board of Supervisors to sign a new Type I Williamson Act Contract and record the Resolution and the Agricultural Preserve Area Map, attached as Exhibit A.

3 December 15, 2009 Page 3 List of Attachments: Draft Board of Supervisors Resolution Separate attachment for the Board of Supervisors and On File with the Clerk: EXHIBIT A: Agricultural Preserve Expansion Map EXHIBIT B: Proposal Statement EXHIBIT C: Planning Application EXHIBIT D: Agricultural Preserve Income Statement EXHIBIT E: Vicinity Map EXHIBIT F: Assessor's Parcel Map

4 Resolution Number County of Sonoma Santa Rosa, California AGP Sigrid Swedenborg RESOLUTION OF THE BOARD OF SUPERVISORS, COUNTY OF SONOMA, STATE OF CALIFORNIA, GRANTING THE REQUEST BY TO INCLUDE ACRES INTO EXISTING AGRICULTURAL PRESERVE AND AUTHORIZING THE CHAIR OF THE BOARD OF SUPERVISORS TO SIGN A NEW TYPE I WILLIAMSON ACT CONTRACT FOR THE ACRE SITE LOCATED AT 5520 AND 5532 WEST SODA ROCK LANE, HEALDSBURG; APN WHEREAS, the applicant,, filed an application with the Sonoma County Permit and Resource Management Department to modify an existing Agricultural Preserve ( ; Book 2607, Page 613) by expanding it by acres and authorizing the Chair of the Board of Supervisors to establish a new Type I Williamson Act Contract on the acres for property located at 5520 and 5532 West Soda Rock Lane, Healdsburg; APN ; Zoned LIA (Land Intensive Agriculture), B6-20 acre density and LIA (Land Intensive Agriculture), B6-60 acre density, F1 (Floodway Combining District), F2 (Floodplain Combining District), BR (Biotic Resource), VOH (Valley Oak Habitat); Supervisorial District No. 4; and WHEREAS, the Board of Supervisors finds that the modification of the existing Agricultural Preserve to be consistent with the Sonoma County General Plan and the applicable provisions of state law; and WHEREAS, the subject property is used for vineyards and is devoted to commercial agricultural pursuits; and WHEREAS, the subject property qualifies for a new Type I Williamson Act Contract under the County s Rules and Regulations for Administration of Agricultural Preserves, Type A-I, and under the State Williamson Act (Government Code Section et seq.); and WHEREAS, the project described in this Resolution is exempt from the requirements of the California Environmental Quality Act under Section 15317, Class 17 of Title 14 of the California Code of Regulations (CEQA Guidelines) in that it involves the enlargement of an existing Agricultural Preserve and the authorization of a Williamson Act Contract. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors finds, declares, and determines that all of the above recitals are true and correct; and on that basis grants the request by for the modification of Agricultural Preserve and a new Type I Williamson Act Contract restricting those lands which are described on the tax rolls of the County of Sonoma by Assessor s Parcel Number BE IT FURTHER RESOLVED that the Clerk of the Board of Supervisors is hereby instructed to record this Resolution and the Agricultural Preserve 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 a new Type I Williamson Act Contract.

5 Resolution # December 15, 2009 Page 2 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 SUPERVISORS VOTE: Brown: Absent Kerns: Zane: Carrillo: Kelley: Ayes: Noes: Absent: Abstain: SO ORDERED.