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. 1078 to Rescind Agricultural Land Conservation Contract No. 2740 and Simultaneously Enter into New Agricultural Land Conservation Contract No. 8352 (Joann Tacherra/Morning Star Dairy, INC.).
RECOMMENDED ACTION(S):
TITLE
Adopt a Resolution authorizing the Rescission of Agricultural Land Conservation Contract (ALCC) No. 2740 and the Simultaneous Re-entry into new ALCC No. 8352, and make the findings required by Government Code Section 51257; and authorize the Chairman to execute the new Contract No. 8352 and allow for recordation of the new Contract following signature by the Chairman.
REPORT
There is no Net County Cost associated with the recommended action. The Applicant, Joann Tacherra on behalf of Morning Star Dairy, INC., is proposing to reconfigure an existing Williamson Act contract boundary to facilitate a Property Line Adjustment while maintaining compliance with the Williamson Act.
The subject parcels are located on the north side of Elkhorn Avenue, between S. Jameson Avenue and S. Dickenson Avenue, approximately 7.2 miles southwest of the unincorporated community of Caruthers. This item pertains to a location in District 4.
ALTERNATIVE ACTION(S):
Your Board may determine that the required findings cannot be made and deny the property exchange and Rescission and Re-entry.
FISCAL IMPACT:
There is no Net County Cost associated with the recommended action. The Applicant paid the County application fee of $810 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 Property Line Adjustment No. 26-05 while maintaining compliance with the Williamson Act. The property currently enrolled in the Program is APN 041-140-23S, consisting of approximately 396 acres and subject to ALCC No. 2740. The property line adjustment involves portions of adjacent APNs 041-140-25S, 041-140-33S, and 041-140-34S. Following completion of the property line adjustment (PLA), the acreage subject to the new Williamson Act contract will remain approximately 396 acres. As a result, there will be no net change in the amount of land enrolled under the Williamson Act.
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 among the 396-acre parcel identified as APN 041-140-23S, a portion of APN 041-140-25S, a portion of 041-140-33S, and a portion of APN 041-140-34S. The adjustment will result in the reconfiguration of existing parcel boundaries.
The 396-acre parcel identified as APN 041-140-23S is enrolled in the Program under ALCC No. 2740, while the portions of APNs 041-140-25S, 041-140-34S, and 041-140-33S are 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 pursuant to applicable Williamson Act provisions. This process will ensure that the contract boundaries are revised to accurately correspond with the newly adjusted parcel configuration while maintaining the same total acreage of contracted land.
Exhibit A, PLA No. 26-05, illustrates the area that is subject to the PLA showing the parcels existing boundaries as well as the proposed configuration.
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. Exhibit B is a location map of the subject parcels. Exhibit C depicts the zoning of the subject parcels and surrounding area. Exhibit 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 396-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.
PLA No. 26-05 proposes adjusting property lines between a 396-acre parcel enrolled in the Program under Contract No. 2740 and APNs 041-140-25S, 041-140-33S and 041-140-34S, resulting in one contracted parcel 396-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.
Per discussion under Finding No. 2, the entire acreage of land under the existing contract will be covered by the new contract.
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.
PLA No. 26-05 would result in one contracted parcel 396-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.
PLA No. 26-05 would reconfigure property lines between four contiguous parcels with the entire 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 for cattle grazing will not change as a result of the proposed PLA No. 26-05. 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.
PLA No. 26-05 would adjust property lines between a 396-acre parcel and three other parcels, resulting in one 396-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. 2740 and Simultaneous Re-entry into Williamson Act Contract No. 8352.
ENVIRONMENTAL REVIEW:
The proposed property exchange is not considered a “project” as defined by the California Environmental Quality Act (CEQA), because such approval would not commit the County to a definite course of action, and such approval would be exempt from CEQA because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (CEQA Guidelines section 15061(b)(3)).
ATTACHMENTS INCLUDED AND/OR ON FILE:
Attachments A - D
On file with Clerk - Resolution for RLCC No. 1078
On file with Clerk - ALCC No. 8352
CAO ANALYST:
Maria Valencia