To: Board of Supervisors
From: John Kopchik, Director, Conservation and Development
Report Title: Agricultural Preserve and Williamson Act Contract/Stewart
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
1. OPEN the public hearing on adopting a resolution to establish a new agricultural preserve and approve a land conservation contract covering Assessor’s Parcel Number (APN) 001-021-006; RECEIVE testimony; and CLOSE the public hearing.
2. FIND that establishment of Agricultural Preserve No. AP21-0001 is consistent with the County General Plan.
3. FIND the proposed actions are consistent with the Williamson Act and the County's Williamson Act Program.
4. FIND for the purposes of compliance with the California Environmental Act (CEQA) and County CEQA Guidelines that the proposed project is exempt from environmental review under CEQA Guidelines sections 15317.
5. ADOPT a resolution to (1) ESTABLISH Agricultural Preserve AP21-0001; and (2) APPROVE Land Conservation Contract No. AP21-0001 as to APN 001-021-006.
6. AUTHORIZE the Chair of the Board of Supervisors, or designee, to execute Land Conservation Contract No. AP21-0001 with Jacqueline G. Stewart and the Stewart Family Trust, dated November 24, 1993 (Attachment B).
7. DIRECT the Department of Conservation and Development to record the adopted resolution and Land Conservation Contract No. AP21-0001 with the County Clerk-Recorder and forward a copy to the California Department of Conservation and the County Assessor’s Office.
8. DIRECT the Department of Conservation and Development to file a Notice of Exemption with the County Clerk.
FISCAL IMPACT:
Establishment of the proposed contract would result in a change in assessment and reduced property tax rate received by the County for the subject property, pursuant to the assessment criteria set forth for properties under a Williamson Act contract.
BACKGROUND:
I. PROJECT DESCRIPTION
The applicant seeks to establish a new agricultural preserve and requests approval of a new Land Conservation Contract, No. AP21-0001, to cover APN 001-021-006. The subject property is an approximately 160-acre parcel in the unincorporated Byron area.
II. GENERAL INFORMATION
A. General Plan Land Use Designation: The subject property is designated Agricultural Lands (AL).
B. Zoning: The subject property is located in the Agricultural Preserve District (A-4). As such, no rezoning is required to establish this agricultural preserve and contract.
C. California Environmental Quality Act (CEQA) Compliance: Staff determined this project to be exempt pursuant to CEQA Guidelines Section 15317. This determination is discussed further in Section V of this report.
D. Previous Applications:
1. 1630-RZ: A rezone from Heavy Agricultural District (A-3) to Agricultural Preserve District (A-4) for the subject property and APN 001-021-019 for the purpose of establishing a new agricultural preserve and Land Conservation Contract. This application was approved by the Board of Supervisors on December 21, 1972, through Resolution No. 71/881, and established Agricultural Preserve No. 9-72. This Agricultural Preserve eventually expired, so the subject property is currently not encumbered by a Land Conservation Contract.
III. STAFF ANALYSIS
Jacqueline G. Stewart and Stewart Family Trust (“Owners”) own approximately 160 acres of land in the Byron area, composed of one legal parcel identified as APN 001-021-006. The proposed project involves establishing a new Agricultural Preserve and a new Land Conservation Contract for the subject property.
The Williamson Act (Government Code, Sections 51200 et. seq.), through land conservation contracts, restricts land uses and structures on property under contract. Under the Williamson Act, property may be encumbered by a land conservation contract by mutual agreement between the County and landowner, provided that the land and land use complies with the requirements of the Williamson Act and the County’s Williamson Act Program. Under the Williamson Act, lands eligible to be encumbered by a land conservation contract must be located within an agricultural preserve designated by the County and be dedicated to agricultural use. The restricted parcel is assessed for property tax purposes at a rate consistent with its actual use, rather than potential market value. The Williamson Act also provides for a process to rescind an existing contract and enter into a new contract by mutual agreement between the parties provided that the new contract remains consistent with the intent and purpose of the Williamson Act.
Here, the Owners intend to continue agricultural uses on the subject property, but wish to accomplish the following:
A. Establish agricultural preserve No. AP21-0001 for the parcel known as APN 001-021-006;
B. Enter into new Land Conservation Contract No. AP21-0001 covering the subject parcel.
The General Plan land use designation for the subject property is AL. The purpose of the AL designation is to preserve and protect rural lands capable of supporting grazing and the production of food, fiber, and plant materials. Currently, the property is actively utilized for grazing, which is a common agricultural use on lands designated AL. The property intends to remain in agricultural use subsequent to the completion of this project. The proposed project is also consistent with the following General Plan goal and policies:
Goal COS-2: A thriving and resilient agricultural sector based on resource conservation and sustainability practices.
Policy COS-P2.1: Preserve and protect productive agricultural land from conversion to urban uses, especially land designated as Prime Farmland, Farmland of Statewide Importance, or Unique Farmland on the Important Farmland Map prepared by the California Department of Conservation; land containing Class 1 or Class 2 soils; and land designated Agricultural Core.
Policy COS-P2.8: Encourage owners of qualifying agricultural land to participate in the Williamson Act (Agricultural Preserve) Program.
As proposed, the project will continue to protect the property’s agricultural use of cattle grazing. As such, the proposed project is consistent with intent and purpose of the AL land use designation and the General Plan.
The subject property will also comply with Division 810, the County’s Agricultural Land Conservation Ordinance (Williamson Act), and the A-4 zoning district’s development and land use standards. Pursuant to Section 810-2.404, 100 acres is the minimum requirement for establishing a new Agricultural Preserve, and pursuant to 810-2.406, 40 acres is the minimum parcel size for nonprime agricultural land to be included in an agricultural preserve and thus be eligible for a Land Conservation Contract. At approximately 160 acres, the subject property complies with this requirement. The parcel will also exceed the A-4 requirements of a 300-foot average width and 300-foot depth. Furthermore, the property owners will continue to graze cattle on the subject property, which is a primary land use goal of both the AL General Plan land use designation and the A-4 zoning district.
IV. ENVIRONMENTAL REVIEW
Establishment of an agricultural preserve and the making of a land conservation contract are categorically exempt from the California Environmental Quality Act (CEQA Guidelines, Section 15317, Class 17). As this project includes establishing a new agricultural preserve and land conservation contract, it qualifies for this exemption.
V. CONCLUSION
The proposed project will be consistent with the goals and policies of the General Plan and with the intent and purpose of both the proposed Agricultural Preserve District (A-4) and the Agricultural Land Conservation Ordinance. Therefore, staff recommends that the Board of Supervisors approve this project pursuant to the included recommended actions.
CONSEQUENCE OF NEGATIVE ACTION:
If the Board does not grant approval of the Land Conservation Contract, then the subject site will not be granted a contract, and its allowed uses and tax assessment will remain the same.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
RESOLUTION NO. 2026-XXX
IN THE MATTER OF establishing Agricultural Preserve No. AP21-0001 and approving Land Conservation Contract No. AP21-0001 as to APN 001-021-006 in the Byron area.
WHEREAS, Jacqueline G. Stewart and Stewart Family Trust (“Owners”) own approximately 160 acres of land in the Byron area, composed of one legal parcel commonly known by Assessor’s Parcel Number (APN) 001-021-006 (subject property).
WHEREAS, the Owners have applied to (i) establish Agricultural Preserve No. AP21-0001, and (ii) enter into a new Land Conservation Contract No. AP21-0001 as to APN 001-021-006.
WHEREAS, the subject property is located within an area with a General Plan land use designation of Agricultural Lands (AL). Establishing Agricultural Preserve No. AP21-0001 and approving Land Conservation Contract No. AP21-0001 is consistent with the purpose of the AL designation, which is to preserve and protect rural lands capable of supporting grazing and the production of food, fiber, and plant materials. The project is also consistent with General Plan Goal COS-2 (a thriving and resilient agricultural sector based on resource conservation and sustainability practices), Policy COS-P2.1 (preserve and protect productive agricultural land from conversion to urban uses, especially land designated as Prime Farmland, Farmland of Statewide Importance, or Unique Farmland on the Important Farmland Map prepared by the California Department of Conservation; land containing Class 1 or Class 2 soils; and land designated Agricultural Core), and Policy COS-P2.8 (encourage owners of qualifying agricultural land to participate in the Williamson Act “Agricultural Preserve” Program).
WHEREAS, the Williamson Act, through land conservation contracts, restricts land uses and structures on property under contract. Under the Williamson Act, property may be encumbered by a land conservation contract by mutual agreement between the County and landowner, provided that the land and land uses comply with the requirements of the Williamson Act and the County’s Williamson Act Program.
WHEREAS, the Owners intend to use the subject property primarily for cattle grazing, and no proposed structures are included.
WHEREAS, new Land Conservation Contract No. AP21-0001 will apply to APN 001-021-006 and will restrict uses on the property to those specifically allowed under contract and allowed by the Agricultural Land Conservation Ordinance.
WHEREAS, establishing Agricultural Preserve No. AP21-0001 and approving Land Conservation Contract No. AP21-0001 are categorically exempt from environmental review under the California Environmental Quality Act (California Code of Regulations, Title 14, Section 15317).
NOW, THEREFORE, the Contra Costa County Board of Supervisors RESOLVES as follows:
1. The foregoing recitals are true and correct and are incorporated by reference.
2. The Board of Supervisors adopts the findings in Attachment A.
3. The Board of Supervisors establishes Agricultural Preserve No. AP21-0001 to include APN 001-021-006.
4. The Board of Supervisors approves Land Conservation Contract No. AP21-0001 for APN 001-021-006, which is attached as Attachment B.
5. The Department of Conservation and Development is directed to record this resolution, and Land Conservation Contract No. AP21-0001 with the County Clerk-Recorder, and forward copies to the California Department of Conservation and County Assessor's Office.