HomeMy WebLinkAboutMINUTES - 03282000 - SD2 Contra
TO: BOARD OF SUPERVISORS Costa
FROM: Supervisor Joe Canciamilla County
DATE: March 28, 2000
SUBJECT: REQUEST THAT THE COMMUNITY DEVELOPMENT DEPARTMENT ASSUME A
LEAD ROLE IN REVIEWING THE COUNTY'S CURRENT WILLIAMSON ACT
PROGRAM AND THE FEASIBILITY OF IMPLEMENTING A "SUPER WILLIAMSON
ACT" PROGRAM IN CONTRA COSTA COUNTY.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)AND JUSTIFICATION
RECOMMENDED ACTION:
1. Direct the Community Development Department to act as lead agency to coordinate the activities of the
County Administrator's Office, the County Assessor's Office, County Counsel and Community
Development Departments to analyze the feasibility of implementing new Williamson Act provisions
enacted by the State Legislature in 1998. As part Of the analysis, direct that a review be made of
programs implemented by other Counties subsequent to action by the State Legislature in 1998.
2. Request that the Community Development Department, again acting as lead agency, review the
policies and administration of the County's current Williamson Act program. As part of the review,
develop recommendations to streamline the current program, as well as considering the reduction of
minimum parcel size currently required to qualify for the program.
3. Request a report back to the Board on the status of this task in 80 days.
BACKGROUND INFORMATION:
The Board of Supervisors has long had a primary policy objective of encouraging agriculture. The Board has,
in recent years, discussed efforts to promote and retain agriculture. While the Board cannot control certain
items, such as the availability of land or assuring adequate water supply, there are certain actions it can take,
including the reduction of fees and property taxes and the adoption and implementation of protective policies
such as the Right-to-Farm ordinance, that can help to retain, and in fact, promote agricultural uses.
The use of the Williamson Act in Contra Costa has been a tool to prevent the loss of open space, stop
suburban sprawl, keeping large tracts of land under single ownership, as well as to promote the retention of
agriculture in our County. Under our current County system, the number of lands under a Williamson Act
contract will probably not increase in great numbers. Today, most lands under a Williamson Act contract are
large parcels used primarily for cattle grazing. The Contra Costa County program requires at least 100 acres
before a farmer, or a potential farmer, can enter into a Williamson Act Contract.
In 1998 the State Legislature authorized California counties to expand Williamson Act opportunities (see
Attachment 1). To date, six counties have taken steps to create these "Super Williamson Act" programs.
A copy of the program adopted by EI Dorado County has been attached r youri formation (Attachment 2).
CONTINUED ON ATTACHMENT: X YES SIGNATUR
RECOMMENDATION OF COUNTY ADMINISTRATOR ZIRECOWNDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON March 28 , 2000 APPROVED AS RECOMMENDED: XX OTHER:
SEE THE ATTACHED ADDENDUM FOR BOARD ACTION
VOTE OF SUPERVISORS:
XX UNANIMOUS(ABSENT — — — — — )
AYES: NOES:
I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY
OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE
ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED March 2 8 , 2000
cc: County Administrator's Office PHIL BATCHELOR,CLERK OF THE BOARD OF
D.Barry—Community Development Department UPERVISORS AND LINTY ADMINISTRATOR
G.Kramer—County Assessor
V.Westman—County Counsel
BY 1A I
EPUTY
March 28,2000
Williamson Act Proposal
Page Two
In many areas of the County there are numerous parcels existing which are between the five and forty acre
parcel size. Agricultural zoning allows 5 acre minimum parcels in A2 zones, 10 acres in A3, while twenty, forty
and eighty acre parcel sizes are allowed in A4 zones. In the County specified "Agricultural Core" are outside
of Brentwood the minimum parcel size is 40 acres.
In recent years, many areas of the County including Brentwood, Oakley, and Martinez, have seen farming
develop on acres as small as five acres and up to 40 acres. This development has been primarily of a
specialized agricultural nature such as stables and crops such as vegetables, flowers, orchards and vineyards.
While there should be no expectation that agriculture of this type can compete with the corporate farms of
California's Central valley, we should encourage the development of these specialized programs on smaller
parcels, and we should take steps that would encourage and assist "family farms" to do so.
The Board of Supervisors should examine and analyze any possible ways to retain and promote agriculture
and agricultural uses in Contra Costa County while it still has the opportunity. It is possible that the loss in
property tax revenue by expanding Williamson Act opportunities may prove to be negligible compared to the
positive economic impacts provided by increasing farm production, by increasing the assessed land valuation
of properties currently not in agricultural use due to current restrictive regulations and policies, and by allowing
persons outside the urban limit line to have the maximum opportunity to gain value in their land.
ADDENDUM TO ITEMS SD.2 and SD.3
March 2g, 2000 Agenda
On this date, the Board of Supervisors considered implementing a "Super
Williamson Act" Program, wherein the Community Development
Department would assume a lead role. They were also requested to consider
re-establishing the County's Agricultural Task Force. Both Board Orders
were recommended by Supervisor Canciamilla.
Supervisor Canciamilla suggested since both SD.2 and SD.3 were regarding
land use, the Board may want to discuss the items simultaneously. The
Board agreed.
Public comment was opened, and the following people offered testimony:
:Mike Vukelich, Farm Bureau, P.O. Box 20060, El Sobrante;
Jackie Stewart, Contra Costa Farm Bureau, P.O. Box 19, Clayton;
Paul Lamborn, Farm Bureau, 2289 Laurel Road, Oakley;
Sarah Mora, Farm Bureau, 5554 Clayton Road, Concord.
No one else desiring to speak, the hearing was closed. The Board
considered the issues.
Following Board discussion, Supervisor Canciamilla moved to accept the
recommendations on items SD. 2 and SD. 3. Supervisor Gioia seconded the
motion. The vote was unanimous for each Board Order.
CA Cedes (gov:51296) 11 Page 1 of 2
Fox W1 14.KtJ�• GC. t i 2 a rn�
d GOVERNMENT CODE
SECTION 51296
y
51296. (a) The Legislature finds and declares that it is desirable
to expand options available to landowners for the preservation of
agricultural land. It is therefore the intent of the Legislature in
ti + t enacting this article to encourage the creation of longer term
voluntary enforceable restrictions within agricultural preserves.
(b) A landowner or group of landowners may petition the board to
rescind a contract or contracts entered into pursuant to this chapter
a* in order to simultaneously place the land subject to that contract
or those contracts under a new contract designating the property as a
" farmland security zone.
(1) Before approving the rescission of a contract or contracts
+ entered into pursuant to this chapter in order to simultaneously
place the land under a new farmland security zone contract, the board
shall create a farmland security zone, pursuant to the requirements
of Section 51230, within an existing agricultural preserve.
-,' (2) No land shall be included in a farmland security zone unless
expressly requested by the landowner. Any land located within a city'
s sphere of influence shall not be included "within a farmland
security zone, unless the creation of the farmland security zone
within the sphere of influence has been expressly approved by
resolution by the city with jurisdiction within the sphere.
(3) If more than one landowner requests the creation of a farmland
security zone and the parcels are contiguous, the county shall place
} those parcels in the same farmland security zone.
(4) A contract entered into pursuant to this section shall be for
an initial term of no less than 20 years. Each contract shall
provide that on the anniversary date of the contract or on another
annual date as specified by the contract, a year shall be added
automatically to the initial term unless a notice of nonrenewal is
given pursuant to Section 51245.
(5) Upon termination of a farmland security zone contract, the
farmland security zone designation for that parcel shall
simultaneously be terminated.
(c) Both of the following shall apply to land within a designated
farmland security zone:
(1) The land shall be eligible for property tax valuation pursuant
to Section 423.4 of the Revenue and Taxation Code.
(2) Notwithstanding any other provision of law, any special tax
approved by the voters for urban-related services on or after January
1, 1999, on the land or any living improvement shall be levied at a
reduced rate unless the tax directly benefits the land or the living
improvements.
(d) Notwithstanding any provision of the Cortese-Knox Local
Government Reorganization Act of 1985 (Division 3 (commencing with
Section 56000) ) , a local agency formation commission shall not
approve a change of organization or reorganization that would result
in the annexation of land within a designated farmland security zone
to a city. However, this subdivision shall not apply under any of
the following circumstances:
(1) If the farmland security zone is located within a designated,
delineated area that has been approved by the voters as a limit for
existing and future urban facilities, utilities, and services .
(2) If annexation of a parcel or a portion of a parcel is
necessary for the location of a public improvement, as defined in
Section 51290.5, except as provided in subdivision (f) or (g) of this
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=51001-52000&file=51296 12/22/99
A.Codes (gov:51296) Page 2 of 2
section.
(3) If the landowner consents to the annexation.
,s (e) Notwithstanding any provision of the Cortese-Knox Local
" a Government Reorganization Act of 1985 (Division 3 (commencing with
Section 55000) ) , a local agency formation commission shall not
approve a change of organization or reorganization that would result
'in the annexation of land within a designated farmland security zone
to a special district that provides sewers, nonagricultural water, or
" streets and roads, unless the facilities or services provided by the
special district benefit land uses that are allowed under the
contract and the landowner consents to the change of organization or
reorganization.
(f) Notwithstanding Article 5 (commencing with Section 53090) of
'k Chapter 1 of Division 2 of Title 5, a school district shall not
render inapplicable a county zoning ordinance to the use of land by
the school district if the land is within a designated farmland
security zone.
(g) Notwithstanding any provision of law, a school district shall
not acquire any land that is within a designated farmland security
#Y: zone.
h) The board shall not approve any use of land within a
Z designated farmland security zone based on the compatible use
provisions contained in subdivision (c) of Section 51238.1.
(i) This section shall only apply to land that is designated on
the Important Farmland Series maps, prepared pursuant to Section
65570 as predominantly one or more of the following;
(1) prime farmland,
(2) Farmland of statewide significance.
(3) Unique farmland.
(4) Farmland of local importance.
If the proposed farmland security zone is in an area that is not
designated on the Important Farmland Series maps, the land shall
;.;�•;
qualify if it is predominantly prime aClricultural land, as defined in
subdivision (c) of Section 51201.
k (j) Nonrenewal of a farmland security zone contract shall be
pursuant to Article 3 (commencing with Section 51240) , except as
otherwise provided in this article.
(k) All of the provisions of Article 5 (commencing with Section
51290) shall apply to farmland security zones created pursuant to
this article except as specifically provided in this article.
(1) No state agency, as defined in Section 55934, or local agency,
as defined in Section 65930, shall require any land to be placed
under a farmland security zone contract as• a condition of the
issuance of any entitlement to use or the approval of a legislative
or adjudicative act involving, but not limited to, the planning, use,
or development of real property, or a change of organization or
reorganization, as defined in Section 55021 or 55073. No contract
shall be executed as a condition of an entitlement to use issued by
an agency of the United States government.
(m) Subdivisions (d) and (e) shall not apply during the three-year
period preceding the termination of a farmland security zone
contract.
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COUNTY OF DEPARTMENT OF AGRICULTURE
EL DORADO WEIGHTS AND MEASURES
Bill Snodgrass iii Fair Lane
D° Placerville, CA 95667
,,°¢ 5� g Telephone: (530)621-5520
,�, � Agricultural Commissioner
Sealer of Weights and Measures FAX: (530)626-4756
C, E-Mail: eldcag(Dtasteldorado.com
r' `� IMPORTANT NOTICE
DATE: June 23, 1999
TO: All Pro erty Owners of Williamson Act Contract Lands
FROM: Bill Snodgras
Agricultural Commissioner
SUBJECT: WILLIAMSON ACT AND FARMLAND SECURITY ZONES - A NEW
OPTION
Senate Bill 1182, introduced by Senator Jim Costa (D-Fresno) and sponsored by the
California Farm Bureau Federation, was recently passed by the State Legislature and
signed into law by the Governor. This legislation allows agricultural landowners to
convert existing 10-ye T Williamson Act contracts to the new program, Farmland
Security Zone law, which features a 20-year contract and additional tax incentives.
Growers who do not currently have their property in an Agricultural Preserve still have
the option of choosing the 10-year Williamson Act contract or the 20-year Farmland
Security Zone contract.
Landowners receive property tax relief by entering into either a Williamson Act
contract or a Farmland Security Zone contract. However, under the new Farmland
Security Zone law, farmers can receive as much as an additional reduction in assessed
valuation for property-tax purposes. (Information about how the property tax relief
would affect specific properties can be answered by the Assessor's Office.) To earn
the additional tax reduction, farmers must agree to keep their land in the Farmland
Security Zone program for 20 years, twice as long as require by the Williamson Act.
Both of these contracts are afforded protection from incompatible uses under EI
Dorado County's General Plan.
Requirements for Farmland Security Zones are the same as for entering into the
Williamson Act (attached). Applications for both Williamson Act and Farmland
Security Zone contracts are available from the EI Dorado County Planning Department.
cc: John Winner
Peter Mauer
BLSlsp
h:lcommlfarm1a2.wpd
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Agricultural Preserves
Williamson Act .Contract
Farmland Security Zone El Dorado County
(Revised 05/99) Planning Department
(530) 621-5355
REQUIRE D I'ti'FO 1+ A I - CII TU P S R S
Complete the required information indicated on the Land Conservation or Farmland Security Zone
application form(type or print)and submit to the El Dorado County Planning Department,2850
Fairlane Court Placerville, CA 95667, accompanied by the fallowing:
1. Letter of request for `Establishing an Agricultural Preserve,"signed by all property owners ,
before a Notary Public;
2. Land Conservation Contract Application(Part I to be completed by applicant,
Parts II, III, IV and V to be completed by County agencies);
s. "Three(3)signed contracts,one(1)signed by all property owners before a Notary Public;
-l. Three (5) copies of legal description of entire parcel to be included in the
agricultural preserve;
5. One (1) copy of deed showing lands vested in name of applicant(s);
6. Three (;) copies of current Assessor's map; and
7. Check in the amount of$125.0°for processing,payable to El Dorado County Planning
Department.
The Planning Department,after accepting the application, will forward copies to the County
Assessor and Agricultural Commission for rer-rew of the qualifying criteria(see attached resolution
for criteria for establishing agricultural preserves). Their comments will be returned to the Planning
Commission for consideration and recommendation to the Board of Supervisors. The Board
action will be fuial in all cases. The Planning Department tivil.l initiate a rezoning to AE(Exclusive
Agricultural) to be processed concurrently with the contract application.
NOTE: NO FEES ARE REFL NDABLE
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WILLIAMSON ACT CONTRACTS
FARMLAND SECURITY ZONE CONTRACTS
CRITERIA
(Revised 05/99)
1. Capital outlay of$45,000
2. Minimum acreage of 20 acres**
3. Land capable of making a profit through agricultural pursuits (no changes) .
4. Gross income of$4,000 per year for low intensity agriculture and$13,500 for intensive
agriculture.
5. Satisfaction of #2 above, and any two of #l, #3, or#4 above for eligibility
**Existing parcels between 10 and 20 acres may be considered upon satisfaction of the
following six additional criteria.
ADDITIONAL CRITERIA
FOR PARCELS BETWEEN 10 AND 20 ACRES
The Agricultural Commission shall determine.
a. The property has a potential to contribute to the agricultural welfare of the County;
b. The property scores eighty(80)or higher on the County Procedure for Evaluating the
Suitability of Land for Agricultural Use;
C. The property is, at the time of application. engaged in agricultural use;
d. The use of the surrounding properties is primarily agricultural in nature;
e. The parcel sizes of the properties immediately adjacent to the property proposed to be
included is at least ten(10)acres and said properties are included within the General flan
designation requiring at least a ten-acre minimum parcel size; and
r. The parcel was created prior to the adoption of this resolution.
r
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AGRICULTURAL PRESERVES
ZONING CRITERIA
All lands subject to a Williamson Act or Farmland Security Zane Contract are zoned"AE"
(Exclusive Agricultural). Certain restrictions apply to the AE zone that do not normally
apply to other agricultural zone districts in the County. The purpose of the AE zone is to
implement the Land Conservation Act of 1965,and to encourage the sustainable use of
farmland in the County for agricultural production.
RESI12EIDJAL UE
El Dorado County Code §17.36.070(D) restricts the residential use of land in an
agricultural preserve to one per contract. This applies even if the preserve consists of
multiple parcels and multiple property owners.
LAND WaSIONS
Land in an agricultural preserve may not be subdivided unless each parcel being created
can support individual Williamson Act or Farmland Security Zone contracts. This must be
demonstrated at the time the tentative map or tentative parcel map is approved.
Concurrent with the recording of the final or parcel map,the new contracts must be
entered into with the County.
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AGRICULTIMAL PRESERVE
CONTRA.+CT,S,
ROW TO ESTABLISH
(Revised 45199)
AUTHORITY
State: California Land Conservation Act of 1965(G.C.Title 5,
Division 1, Part 1, Section 51200 et seq.)
Local: Resolution Numbers 63-68;72-72;116-76 and 244-76
COMPATIBLE ZOMra
"AE" (Exclusive Agricultural)Zone District, Section 17.36.060 et seq.
PROCEDM
1. Applicant subunits application to Planning Department with fee for$125 for processing.
2. Planning Department initiates Zane Change of agricultural preserves to"AE"(Exclusive
Agricultural)at no fee to applicant. This Zone Change will be processed concurrently with
the Williamson Act Contract.
3. Planning Department distributes application for comments and recommendations to
Agricultural Commission and Assessor's Office.
4. After comments and recommendations are submitted,Planning Department schedules
public hearing before Planning Commission.
5. Planning Commission conducts public hearing and makes recommendation to Board of
Supervisors for General Plan consistency.
6. Board of Supervisors conducts hearing and acts upon application.
(NOTE: Beard of Supervisors must act prior to January I' to be reflected on assessment
roll)
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