DATE: September 22, 2026
TO: Board of Supervisors
SUBMITTED BY: Steven E. White, Director
Department of Public Works and Planning
SUBJECT: Revision of Agricultural Land Conservation Contract (RLCC) No. 1081 to Rescind Agricultural Land Conservation Contract No. 6113 and Simultaneously to Enter into New Agricultural Land Conservation Contract No. 8354 (Mark and Kimberly Sorensen)
RECOMMENDED ACTION(S):
TITLE
Adopt a Resolution authorizing Rescission of Agricultural Land Conservation Contract (ALCC) No. 6113 and the Simultaneous Re-Entry into new ALCC No. 8354, and make the findings required by Government Code Section 51257; and authorize the Chairman to execute the new Contract No. 8354 and allow for the recordation of the new Contract following signature by the Chairman.
REPORT
There is no Net County Cost associated with the recommended actions. The applicants, Mark and Kimberly Sorensen, filed this request for Rescission and Re-entry of ALCC No. 6113 in conjunction with Property Line Adjustment (PLA) No. 26-17, which adjusted property lines between a parcel subject to ALCC No. 6113 and a non-contracted parcel resulting in an adjusted 4.62-acre parcel (Adjusted Parcel 1) and an adjusted 34.32-acre parcel (Adjusted Parcel 2). The proposed Rescission and Re-entry would rescind the existing Contract and simultaneously place the adjusted 34.32-acre parcel (Adjusted Parcel 2) under a new Contract No. 8354.
The subject parcels are located at the southeast corner of the intersection of Nebraska and East Avenues, approximately three miles northeast of the unincorporated community of Caruthers. This item pertains to a location in District 4.
ALTERNATIVE ACTION(S):
Your Board may determine that the Findings required by Government Code Section 51257 cannot be made, or that the proposed Rescission and Reentry does not meet the provisions of either the California Land Conservation Act of 1965 and/or the Fresno County Williamson Act Guidelines adopted by the Board in 2004, and on such basis deny the request.
FISCAL IMPACT:
There is no Net County Cost associated with the recommended actions. The Applicant paid the County application fee of $609 for the cost of processing the Rescission and Re-entry application.
DISCUSSION:
The Applicant is proposing to reconfigure an existing Williamson Act contract boundary to facilitate a PLA while maintaining compliance with the Williamson Act. The property currently enrolled in the Williamson Act Program (Program) is Assessor Parcel Number (APN) 042-120-68S, consisting of approximately 34.32-acres and subject to Land Conservation Contract No. 6113. Following completion of the PLA and associated mapping procedures, the acreage subject to the new Williamson Act contract will remain approximately 34.32 acres. As a result, there will be no net increase or decrease in the amount of land enrolled under the Williamson Act.
Government Code section 51257 establishes a streamlined process for amending land conservation contracts when contract boundaries are adjusted. Under this procedure, the existing contract is rescinded and simultaneously replaced with a new contract that reflects the revised property boundaries while preserving the contractual restrictions and protections of the Williamson Act. In addition, Government Code section 51257 provides a procedure to accommodate property line adjustments on land enrolled in the Program to accurately reflect newly adjusted contracted parcels.
The proposed PLA involves land currently under Williamson Act contract and will occur between the 34.32-acre parcel identified as APN 042-120-68S and a portion of APN 042-120-26. The adjustment will result in the reconfiguration of existing parcel boundaries.
The 34.32-acre parcel (APN 042-120-68S) is enrolled in the Program under ALCC No. 6113, while the portion of APN 042-120-26 is not currently subject to a Williamson Act contract. Under the proposed adjustment, the contracted parcel will neither increase nor decrease in overall acreage. Accordingly, there will be no net gain or loss of land subject to the Williamson Act contract.
Because the PLA involves the exchange of equal acreage between contracted and non-contracted land, a Rescission and Simultaneous Re-entry of the Williamson Act Contract is required.
Attachment A illustrates the area that is subject to the PLA, showing the parcels existing boundaries as well as the proposed configuration under PLA No. 26-17.
The subject parcels are designated as Agricultural in the County General Plan and are located in the AE-20 (Exclusive Agricultural, 20-acre minimum parcel size) Zone District. Attachment B is a location map of the subject parcels. Attachment C depicts the zoning of the subject parcels and surrounding area. Attachment D depicts the land use of the subject parcels and surrounding area.
The adjusted boundaries of the contracted parcel meet the requirements of the California Land Conservation Act of 1965 and Fresno County’s Interim Williamson Act Guidelines for parcel size adopted by the Board of Supervisors in 2004.
Per Government Code section 51257, parties to a Williamson Act Contract(s) may mutually agree to rescind the contract or contracts and simultaneously enter into a new contract or contract(s), provided that the Board of Supervisors finds all of the following:
1. The new contract or contracts would enforceably restrict the adjusted boundaries of the parcels for an initial term for at least as long as the unexpired term of the rescinded contract or contracts, but for not less than 10 years.
The new ALCC on the 34.32-acre adjusted parcel will restrict the property for an initial period of 10 years.
Based on the statement above, Department staff believe Finding No. 1 can be made.
2. There is no net decrease in the amount of acreage restricted. In cases where two parcels involved in a lot line adjustment are both subject to contracts rescinded pursuant to this section, this finding will be satisfied if the aggregate acreage of the land restricted by the new contracts is at least as great as the aggregate acreage restricted by the rescinded contracts.
This PLA proposes adjusting property lines between a 34.32-acre parcel enrolled in the Program under Contract No. 6113 and APN 042-120-26, resulting in one contracted parcel 34.32-acres in size. There will be no net increase or decrease in the acreage of contracted land.
Based on the facts stated above, Department staff believe Finding No. 2 can be made.
3. At least 90 percent of land under the former contract or contracts remains under the new contract or contracts.
PLA No. 26-17 proposes to exchange 1.48-acres between APNs 042-120-68S and 042-120-26. As such 96% of the contracted land of APN 042-120-68S remains under contract in the adjusted parcel.
Based on the statement above, Department staff believe Finding No. 3 can be made.
4. After the lot line adjustment, the parcels of land subject to contract will be large enough to sustain their agricultural use.
This PLA would result in one contracted parcel 34.32-acres in size, which satisfies the minimum parcel size requirement of the County, and is capable of sustaining commercial agricultural use.
Based on the statement above, Department staff believe Finding No. 4 can be made.
5. The lot line adjustment would not compromise the long-term agricultural productivity of the contracted parcels or other agricultural lands subject to contract or contracts.
This PLA would reconfigure property lines between two contiguous parcels with 96% of the acreage of existing contracted land covered by the new contract. As such, this PLA will not compromise the long-term agricultural productivity of the subject parcel or any other surrounding contracted lands.
Based on the statement above, Department staff believe Finding No. 5 can be made.
6. The lot line adjustment is not likely to result in the removal of adjacent land from agricultural use.
The existing commercial agricultural use of the subject parcel will not change as a result of the proposed PLA. Therefore, the PLA is not likely to result in the removal of adjacent land from agricultural use.
Based on the statement above, Department staff believe Finding No. 6 can be made.
7. The lot line adjustment does not result in a greater number of developable parcels than existed prior to the adjustment, or an adjusted parcel that is inconsistent with the General Plan.
This PLA would adjust property lines between a 34.32-acre parcel and an adjacent parcel, resulting in one 34.32-acre parcel under contract. Therefore, the proposed PLA will not result in a greater number of developable parcels or an adjusted parcel that is inconsistent with the General Plan.
Based on the statement above, Department staff believe Finding No. 7 can be made.
CONCLUSION:
Based on the above discussion, Department staff believe all of the findings under Government Code section 51257 can be made and recommends that your Board approve the Rescission of Williamson Act Contract No. 6113 and Simultaneous Re-Entry into Williamson Act Contract No. 8354.
ENVIRONMENTAL REVIEW:
The application is not subject to California Environmental Quality Act per Section 15060 (C) (2) as the activity will not result in a direct or reasonably foreseeable indirect physical change to the environment.
ATTACHMENTS INCLUDED AND/OR ON FILE:
Attachments A - D
On file with Clerk - Resolution for RLCC No. 1081
On file with Clerk - ALCC No. 8354
CAO ANALYST:
Maria Valencia