RECOMMENDATION(S): (CONT'D)
4. ADOPT Ordinance No. 2023-02, to rezone Assessor’s Parcel Numbers (APNs) 204-050-027 and 204-050-028 from Exclusive Agricultural District (A-80) to Agricultural Preserve District (A-4).
5. ADOPT Resolution No. 2023/527, to ESTABLISH Agricultural Preserve No. AP18-0006 and APPROVE Land Conservation Contract No. AP18-0006.
6. AUTHORIZE the Chair of the Board of Supervisors, or designee, to execute Land Conservation Contract No. AP18-0006 for APNs 204-050-027 and 204-050-028.
7. DIRECT the Department of Conservation and Development to record Resolution No. 2023/527 and Land Conservation Contract No. AP18-0006 with the County Clerk-Recorder, and forward copies of the recorded documents to the California Department of Conservation and County Assessor's Office.
8. DIRECT the Department of Conservation and Development to file a CEQA Notice of Exemption with the County Clerk-Recorder.
FISCAL IMPACT:
The cost to review and process these applications is borne by the project applicant. Establishment of the proposed agricultural preserve and approval of the associated land conservation contract will result in a reduced property tax rate for the involved parcels.
BACKGROUND:
The John Lima and Marcela Luna Family Trust (Owner) owns approximately 161.5 acres of land on Old School Road in the Tassajara Valley area, identified as APNs 204-050-027 and 204-050-028 (the subject property). The Owner has applied to establish Agricultural Preserve/Land Conservation Contract No. 18-0006 on the subject property pursuant to the Williamson Act (Government Code Sections 51200 et seq.).
The Board of Supervisors may establish an agricultural preserve in accordance with the Williamson Act, which protects agricultural land through land conservation contracts. Under the Williamson Act, property may be encumbered by a land conservation contract by mutual agreement between the County and landowner, provided that the land and land uses comply with the requirements of the Williamson Act and the County’s Williamson Act Program. Lands eligible to be encumbered by a land conservation contract must be dedicated to agricultural uses and located within a 100-acre or larger agricultural preserve designated by the County. The property owner’s benefit for encumbering the land is a reduced property tax rate that is based on the land’s agricultural use instead of market value.
The subject property’s General Plan land use designation is Agricultural Lands (AL) and the zoning is Exclusive Agricultural District (A-80). This project includes a rezoning to Agricultural Preserve District (A-4), which is standard County practice when an agricultural preserve is established. The proposed land conservation contract would apply to the entire property and restrict uses to those specifically allowed under the approved contract and the A-4 District. Establishment of the proposed agricultural preserve is consistent with the purpose of the AL land use designation, which is to preserve and protect lands capable of and generally used for production of food, fiber, and plant materials. The proposal also is consistent with the following goals and policy of the General Plan:
Goal 8-G: To encourage and enhance agriculture, and to maintain and promote a healthy and competitive agricultural economy.
Goal 8-H: To conserve prime productive agricultural land outside the Urban Limit Line exclusively for agriculture.
Policy 8-38: Agricultural operations shall be protected and enhanced through encouragement of Williamson Act contracts to retain designated areas in agricultural use.
The Owner intends to establish cattle grazing as the primary agricultural use on the property. Utilizing a property for cattle grazing is consistent with the intent and purpose of the Williamson Act and applicable chapters of the County Ordinance Code (Chapter 84-42 [A-4 District] and Chapters 810-2 [Agricultural Preserves] through 810-4 [Land Conservation Contracts]). A single-family residence and barn exist on the property and a second single-family residence is permitted under the proposed land conservation contract. Use of the property for residential purposes meets the intent of these ordinances when incidental to the primary agricultural use. The single-family residences enable the property owner and ranch staff to live on-site, allowing for continuous monitoring of the cattle. The proposed land conservation contract appropriately restricts the property to uses consistent with the Williamson Act and the County’s Williamson Act program.
Establishment of Agricultural Preserve No. AP18-0006 and approval of the associated land conservation contract are exempt from environmental review under CEQA Guidelines Section 15317 (Class 17 Categorical Exemption). Rezoning from A-80 to A-4 is exempt under CEQA Guidelines Section 15061(b)(3), known as the “common sense exemption,” which states that an activity is not subject to CEQA when it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. The A-80 zoning allows for establishment of numerous agricultural and non-agricultural uses by-right and upon approval of a land use permit. Rezoning from A-80 to A-4, in combination with execution of the land conservation contract, will substantially limit the allowable land uses on the subject property, thereby facilitating its use for grazing.
The Planning Commission held a noticed public hearing on February 8, 2023, regarding the proposed rezoning and recommended approval by the Board.
Pursuant to Government Code Sections 51230 and 51233, the Board must conduct a noticed public hearing on establishment of the proposed agricultural preserve and provide notice of this hearing to the Local Agency Formation Commission (LAFCO) and any city within one mile of the exterior boundaries of the proposed agricultural preserve. Notice of a public hearing to consider establishing Agricultural Preserve/Land Conservation Contract No. AP18-0006 and rezoning the subject property to A-4 has been published in the East Bay Times and lawfully provided to adjacent property owners and the Contra Costa LAFCO; the nearest city is over two miles from the property.
CONSEQUENCE OF NEGATIVE ACTION:
If the Board does not take the recommended actions, the proposed agricultural preserve will not be established and the subject property will not be encumbered by a land conservation contract. The property's zoning will remain A-80.