DATE: November 5, 2024
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.2068 (RLCC No. 1049 - Ann Dresick Family Trust)
RECOMMENDED ACTION(S):
TITLE
1. Consider petition for partial cancellation of Agricultural Land Conservation Contract (Williamson Act Contract) No. 2068 filed by NextEra Energy Resources, LLC (Representative) on behalf of Michael Dresick Trustee of the Ann Dresick Family Trust (Applicant), to remove a 160-acre parcel from the Williamson Act Contract to establish a battery energy storage facility; and
2. If your Board is able to make all five required findings listed under Government Code, Section 51282(b), take the following actions:
a) Adopt and authorize the Chairman to execute Resolution authorizing partial cancellation of Agricultural Land Conservation Contract No. 2068; and
b) Authorize the Chairman to execute the Certificate of Tentative Cancellation and approve recording the Certificate of Cancellation when all contingencies and conditions included in the Certificate of Tentative Cancellation have been satisfied.
The subject parcel is located on the south side of Jayne Avenue, between Interstate 5 and Highway 269, approximately four (4) miles southwest of the nearest city limits of the City of Huron (APN 085-040-58S).
REPORT
This item comes to your Board with a recommendation for denial from the Agricultural Land Conservation Committee (ALCC) based on its inability to make required Finding No. 2 listed under Government Code, Section 51282(b). This item pertains to a location in District 4.
The subject parcel is enrolled in the Williamson Act program under Williamson Act Contract No. 2068. The two 80.34-acre parcels to the South of the subject parcel are not enrolled in the Williamson Act Program. ALCC No. 2068 was entered into between Giffen, Inc., a corporation and the County of Fresno, recorded February 26, 1970, as Instrument Number 14025, Book 5765, Pages 253 through 253 in the Official Records of Fresno County, California, and succeeded to by Michael Dresick, Trustee of the Ann Dresick Family Trust, more commonly referred to as ALCC No. 2068.
This petition for partial cancellation of a contract was filed in conjunction with Unclassified Conditional use Permit (UCUP) no. 3734 proposing to develop the subject 160-acre parcel into a battery energy storage facility. The two 80.34-acre parcels are not included in this cancellation petition as they are not under Williamson Act Contract.
The application for UCUP No. 3734 was heard by the Fresno County Planning Commission (Commission) on October 10, 2024, and was approved, a decision which is final unless appealed.
The Williamson Act Program limits land uses on contracted parcels to commercial agricultural operations and certain compatible uses adopted by the Board of Supervisors. The proposed battery energy storage facility is not a permitted or a compatible use of land enrolled in the Williamson Act program in Fresno County.
The 160-acre parcel subject to the Williamson Act contract is located in the AE-40 (Exclusive Agricultural, 40-acre minimum parcel size) Zone District and is designated as Agricultural in the Fresno County adopted Coalinga Regional Plan. The Coalinga Regional Plan is consistent with the Fresno County General Plan.
Should your Board determine that all five required cancellation findings can be made, the proposed petition can be approved subject to the following condition:
1. The Applicant shall pay the Cancellation Fee in the amount of $1,978,000.00 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 by the Board and recorded prior to issuance of any grading or building permit for the battery energy storage facility. If the Cancellation fee is not paid within one year of the issuance of the Certificate of Tentative Cancellation, the Cancellation fee must be re-computed by the Assessor’s Office and re-certified by the Board.
ALTERNATIVE ACTION(S):
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. 2068.
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:
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, Attachment E is the site plan provided for UCUP No. 3734, and Attachment F is the Assessor’s Memo regarding the cancellation fee.
The proposed cancellation petition was presented to the ALCC on May 8, 2024. In its report to the Committee (Attachment G), staff indicated that they were unable to make Finding Nos. 2, 3, and 5 of the five required findings listed under Government Code, Section 51282(b). After hearing testimony by the Representative and Applicant, the ALCC determined that it was able to make Finding Nos. 3 and 5 but was unable to make Finding No. 2.
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.
On December 13, 2023, an executed Notice of Nonrenewal for Williamson Act Contract No. 2068 was accepted by the County Recorder for the 160.00 acres of land petitioned to be removed from the contract through RLCC No. 1049.
Based on the above discussion, the ALCC was able to make Finding No. 1.
2. That the cancellation is not likely to result in the removal of adjacent lands from agricultural use.
As stated in the Environmental Impact Report (EIR) prepared for the proposed UCUP No. 3734, this project is following a pattern established by other similar projects that have been approved in the vicinity of the subject parcel. As such, it is very likely that the cancellation of the Williamson Act Contract could result in other landowners submitting cancellation petitions for removal of their lands from the Williamson Act due to the proximity to the PG&E substation as it can be seen from approval of previous cancellation petitions.
Based on the above discussion and further discussion found in staff’s report to the ALCC (Attachment G), the ALCC was not 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 subject parcel is designated as Agricultural in the County Adopted Coaling Regional Plan and is zoned AE-20 (Exclusive Agricultural, 20-acre minimum parcel size). The Agricultural and Land Use Element of the County General Plan sets goals and policies promoting long-term conservation of productive agricultural lands.
Based on the discussion staff provided in its report to the ALCC (Attachment G) and testimony by the Representative and Applicant heard at the May 8 ALCC meeting, the ALCC was able to make Finding No. 3.
4. That the cancellation will not result in discontiguous patterns of urban development.
The 160-acre parcel is located approximately four miles southwest of the nearest city limits of the City of Huron. The proposed petition to remove the subject 160-acre parcel from the Williamson Act contract to develop the site into a battery energy storage facility does not constitute a pattern of discontiguous urban development.
Based on the above discussion, the ALCC was able to make Finding No. 4.
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 160.00 acres in size located within a five-mile radius of the subject parcel and utilized online tools to determine whether the parcels are for sale. Staff identified 15 non-contracted parcels located within a five-mile radius.
Based on the discussion staff provided in its report to the ALCC (Attachment G) and testimony by the Representative and Applicant heard at the May 8 ALCC meeting, the ALCC was able to make Finding No. 5
AGRICULTURAL LAND CONSERVATION COMMITTEE RECOMMENDATION:
As stated above, at the May 8, 2024, meeting, the Committee received staff’s presentation and testimony from the landowner’s representative and after deliberation recommended that your Board deny the proposed petition based on the inability to make required Findings No. 2 listed under Government Code, Section 51282(b).
ENVIRONMENTAL DETERMINATION:
EIR No. 8189 (State Clearing House No. 202210000201) prepared for UCUP No. 3734 addresses potential environmental impacts associated with the cancellation of the Williamson Act contract on the subject 160-acre parcel. The EIR No. 8189 was certified by the Commission on October 10, 2024, a decision that is final unless appealed to your Board. An appeal is not expected, but Staff will notify your Board at the hearing if one is filed.
PUBLIC HEARING NOTICE:
Landowners subject to a Williamson Act Contract within one mile of the subject parcel were provided notice of both the ALCC meeting and today’s hearing per Government Code Section 51284. 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-G
On file with Clerk - Resolution
On file with Clerk - Certificate of Tentative Cancellation
CAO ANALYST:
Salvador Espino