DATE: November 8, 2022
TO: Board of Supervisors
SUBMITTED BY: Steven E. White, Director
Department of Public Works and Planning
SUBJECT: Partial Cancellation of Agricultural Land Conservation Contract No. 7955 (RLCC No. 1032 - AJ Co Op, LLC)
RECOMMENDED ACTION:
TITLE
1. Consider petition for partial cancellation of Agricultural Land Conservation Contract No. 7955 filed by Harlow S. Dawson on behalf of AJ Co Op, LLC, to remove a two-acre portion of a 50.24-acre parcel from the Williamson Act contract to allow the creation of a two-acre parcel for residential use; and
2. If your Board is able to make all five required Consistency Findings listed under Government Code, Section 51282(b), adopt a Resolution authorizing partial cancellation of Agricultural Land Conservation Contract No. 7955; and
3. Authorize the Chairman to sign the Certificate of Tentative Cancellation and approve recordation of the Certificate of Cancellation when all conditions included in the Certificate of Tentative Cancellation have been satisfied.
The subject parcel is located on the northeast corner of State Route (SR) 180 (Whitesbridge Avenue) and Dickenson Avenue, approximately four miles east of the nearest city limits of Kerman (APN: 025-071-62s).
REPORT
This item comes to your Board with a recommendation for approval (on a vote of three to two with one Committee Member absent) from the Agricultural Land Conservation Committee based on the Committee’s ability to make all five required findings listed under Government Code, Section 51282(b), subject to the following conditions:
1. The applicant shall obtain the necessary land use approvals to create the proposed two-acre parcel.
2. The applicant shall pay the Cancellation Fee in the amount of $8,750.00 as determined by the County Assessor and certified by the Board of Supervisors for issuance of a Certificate of Cancellation by the Board. The Cancellation Fee shall be paid and a Certificate of Cancellation issued prior to approving the Map to create the proposed two-acre parcel. If the Cancellation Fee is not paid within one year of issuance of the Tentative Certificate of Cancellation, the Cancellation Fee must be re-computed by the Assessor’s Office and re-certified by the Board of Supervisors.
This petition for partial contract cancellation was filed in conjunction with Variance Application (VA) No. 4083 proposing to allow creation of a substandard sized parcel less than the 20-acre minimum parcel size required in the AE-20 (Exclusive Agricultural, 20-acre minimum parcel size) Zone District. Approval of a subsequent Parcel Map application is required to subdivide the existing 50.24-acre parcel into a two-acre parcel and a 48.24-acre parcel. The existing 50.24-acre parcel is located in the AE-20 Zone District, is designated as Agricultural in the County General Plan, and is enrolled in the Williamson Act Program under Contract No. 7955. The existing 50.24-acre parcel is cultivated as an almond orchard and is improved with two single-family residences and multiple storage buildings. The existing single-family residences and storage buildings would be located on the proposed two-acre parcel.
On July 21, 2022, after considering staff’s presentation and public testimony, the Planning Commission approved VA No. 4083 and associated Initial Study (IS) No. 7794 on a unanimous vote of 7 to 0 with one Commissioner absent. No appeal of the Planning Commission’s action was filed.
The County’s Williamson Act Guidelines require parcels to have at least 20 acres of prime soil and an active agricultural operation or at least 40 acres of non-prime soil and an active agricultural operation to be eligible to remain enrolled in the Williamson Act Program. Therefore, the proposed two-acre parcel is not eligible to be enrolled in the Williamson Act Program. The applicant has submitted a cancellation petition for removal of the proposed two-acre parcel from the Williamson Act contract for consideration by the Agricultural Land Conservation Committee and the Board of Supervisors.
This item pertains to a location in District 1.
ALTERNATIVE ACTION:
If your Board determines that any of the required findings cannot be made, your Board must deny the partial cancellation of Agricultural Land Conservation Contract No. 7955.
FISCAL IMPACT:
There is no Net County Cost associated with the recommended action. The applicant paid the application fee of $3,290.00 for the cost of processing the cancellation petition.
DISCUSSION:
In 2019, Harlow S. Dawson who previously owned the subject 50.24-acre parcel deeded a 48.24-acre portion of the 50.24-acre parcel to AJ Co Op, LLC, and retained a two-acre portion of the parcel for himself. Subdivision of land subsequent to 1972 requires processing and approval of a Parcel Map by the local government. As such, the applicant was required to submit a VA for creation of the two-acre substandard parcel and a cancellation petition for removal of the substandard parcel from the Williamson Act contract. If these applications are approved, a Mapping application is required to subdivide the subject 50.24-acre parcel into a 48.2-acre parcel and a two-acre parcel. This proposal would correct a State Map Act violation dividing the subject 50.24-acre parcel by deed in 2019.
The applicant filed this petition for partial cancellation of Agricultural Land Conservation Contract No. 7955 in conjunction with VA No. 4083, which proposes to subdivide the 50.24-acre parcel into a two-acre parcel for residential use and a 48.24-acre parcel. The subject parcel is located in the AE-20 Zone District, is designated as Agricultural in the County General Plan, and is enrolled in the Williamson Act Program under Contract No. 7955.
Attachment A is a location map of the subject parcel, Attachment B depicts the zoning of the subject parcel and surrounding area, Attachment C depicts the existing land use of the subject parcel and surrounding parcels, Attachment D is an aerial photograph of the subject parcel including the two-acre portion subject to this cancellation petition, and Attachment E is the site plan from VA No. 4083.
On July 13, 2022, staff presented the proposed cancellation petition to the Agricultural Land Conservation Committee. In its report to the Committee (Attachment F), staff indicated that they were unable to make Findings No. 2 and No. 3 of the five required findings listed under Government Code, Section 51282(b).
After considering staff’s presentation and public testimony, the Committee recommended on a three to two vote that your Board approve the proposed petition based on the Committee’s ability to make all required findings listed under Government Code, Section 51282(b).
REQUIRED FINDINGS:
The proposed petition is being processed under the provisions of Government Code Sections 51282(a)(1) and 51282(b), which allows your Board to grant tentative approval for cancellation of a contract if your Board can make all of the findings listed under Government Code, Section 51282(b).
1. That the cancellation is for land on which a Notice of Nonrenewal has been served pursuant to Section 51245 of the Government Code.
An executed Notice of Partial Nonrenewal for Williamson Act Contract No. 7955 was accepted by the County Recorder on April 20, 2022 and was assigned Document No. 2022-0051136. Said Nonrenewal is for the proposed two-acre parcel associated with this petition for partial cancellation.
Based on the above discussion, staff informed the Committee that Finding No. 1 can be made. The Committee concurred with this position.
2. That the cancellation is not likely to result in the removal of adjacent lands from agricultural use.
The existing 50.24-acre parcel contains soils classified as Prime Farmland on the California Department of Conservation Important Farmland Map. The current landowner acquired the existing 50.24-acre parcel in 2019 and converted the parcel from a vineyard into an almond orchard. Neighboring parcels are designated as Agricultural in the County General Plan, are zoned AE-20, and are actively farmed.
Farming and other agricultural land uses such as dairies, feedlots and poultry facilities necessitate location in sparsely populated areas due to the natures of the use that generates dust, odor and flies, as well as ground and aerial application of herbicides and pesticides to protect crops.
Substandard parcels created for residential use in areas of the County zoned and designated for intensive agricultural uses will eventually be occupied by persons who are not involved with agricultural operations and therefore, are not tolerant of the inconveniences associated with the aforementioned agricultural operations. This would create incompatibility between the agricultural and residential use of lands located in close proximity of each other and may eventually result in removal of adjacent lands from agricultural operation due to complaints from non-farmers residing on substandard parcels created for residential use.
Further, allowing cancellation of a Williamson Act contract for the creation of a substandard parcel for residential use may set a precedent for other landowners to create similar residential parcels in areas of the County zoned and designated for agricultural use, which would compound the incompatibility between agricultural and residential land uses.
Based on the above discussion, staff informed the Committee that the proposed cancellation may result in the removal of adjacent lands from agricultural use and therefore, Finding No. 2 cannot be made. Although staff could not make this Finding, the Committee was able to make Finding No. 2.
3. That the cancellation is for an alternative use that is consistent with the provisions of the County General Plan.
The existing 50.24-acre parcel is designated as Agricultural in the County General Plan and is zoned AE-20. The Agriculture and Land Use Element of the General Plan sets goals and policies promoting long-term conservation of productive agricultural lands. General Plan Policy LU-A.1 states that the County shall maintain agriculturally designated areas for agricultural use and shall direct urban growth to cities and unincorporated communities. General Plan Policy LU-A.6 states that the County shall maintain twenty (20) acres as the minimum permitted parcel size in areas designated as Agricultural. General Plan Policy LU-A.7 states that the County shall generally deny requests to create parcels less than the minimum size specified in Policy LU-A.6 based on concerns that such parcels would be less viable economic farming units and the resultant increase in residential density would increase the potential for conflict with normal agricultural practices on adjacent parcels. General Plan Policy LU-A.12 requires protection of agricultural activities from encroachment of incompatible uses. General Plan Policy LU-A.13 states that the County shall protect agricultural operations from conflicts with non-agricultural uses.
Based on the above discussion, staff informed the Committee that the proposal to create a two-acre parcel for residential use in an area of the County designated as Agricultural is not consistent with General Plan Policies LU-A.1, LU-A.6, LU-A.7, LU-A.12, and LU-A.13 and therefore, Finding No. 3 cannot be made. Although staff could not make this Finding, the Committee was able to make Finding No. 3.
4. That the cancellation will not result in discontiguous patterns of urban development.
The existing 50.24-acre parcel is located approximately four miles east of the City of Kerman. The proposal to create a single two-acre parcel from a 50.24-acre parcel in and of itself does not constitute a pattern of urban development.
Based on the above discussion, staff informed the Committee that Finding No. 4 can be made. The Committee concurred with this position.
5. That there is no proximate non-contracted land that is both available and suitable for the use to which it is proposed that the contracted land be put, or that development of the contracted land would provide more contiguous patterns of urban development than development of proximate non-contracted land.
Staff generated a list of non-contracted parcels approximately two acres in size located within a 5-mile radius of the existing parcel and utilized online tools to determine whether the parcels are for sale. In this case, none of the approximately two-acre parcels were for sale.
Based on staff’s research, none of the non-contracted parcels of similar size were available for the alternative use and therefore, staff informed the Committee that Finding No. 5 can be made. The Committee concurred with this position.
AGRICULTURAL LAND CONSERVATION COMMITTEE PUBLIC MEETING:
The Committee reviews petitions for cancellation of Williamson Act Contracts and provides recommendations to your Board. As stated above, at the July 13, 2022 meeting, the Committee received staff’s presentation and testimony from the applicant’s representative and after considering the matter, the Committee recommended that your Board approve the proposed petition based on the ability to make all five required Findings listed under Government Code, Section 51282(b).
ENVIRONMENTAL DETERMINATION:
Initial Study (IS) Application No. 7794 was prepared for VA No. 4083 to address the potential environmental impacts associated with the proposed cancellation of the Williamson Act contract on the proposed two-acre portion of the existing 50.24-acre parcel to create a separate two-acre parcel for residential use and concluded that creation of the proposed two-acre parcel will not result in a significant impact on the environment.
PUBLIC HEARING NOTICE:
Landowners within one-quarter mile of the subject parcel were provided notice of today’s hearing, and the notice was also published in the Fresno Business Journal, which is a newspaper of general circulation.
ATTACHMENTS INCLUDED AND/OR ON FILE:
Attachments A - F
On file with the Clerk - Resolution
On file with the Clerk - Certificate of Tentative Cancellation
CAO ANALYST:
Salvador Espino