To: Board of Supervisors
From: John Kopchik, Director, Conservation and Development
Report Title: Foskett Ranch Rezone & Land Conservation Contract Project (COUNTY FILE #AP22-0001) (SUP. DIST. III)
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
1. OPEN the public hearing on the Foskett Ranch Rezone & Land Conservation Contract Project, including a rezoning and establishment of a new Agricultural Preserve and Land Conservation Contract; RECEIVE testimony; and CLOSE the public hearing.
2. FIND that establishment of Agricultural Preserve No. AP22-0001 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 and 15061(b)(3).
5. ADOPT Ordinance No. 2024-11, rezoning the parcels commonly identified as Assessor’s Parcel Numbers (APNs) 007-130-011, 007-040-001, and 007-050-001 from General Agricultural District (A-2) to Agricultural Preserve District (A-4) (Attachment B).
6. ADOPT a Resolution to (1) ESTABLISH Agricultural Preserve AP22-0001; and (2) APPROVE Land Conservation Contract No. AP22-0001 for APNs 007-030-011, 007-040-001, and 007-050-001.
7. AUTHORIZE the Chair of the Board of Supervisors, or designee, to execute Land Conservation Contract No. AP22-0001 with Christopher Foskett, Successor Trustee Of The Mary Dodge Foskett Trust Dated September 24, 1984; Jean E. Foskett, Trustee Of The Jean E. Foskett Trust Dated January 31, 2023; Cheryle A. Foskett, Trustee Of The Foskett Trust Dated September 13, 2000; and Foskett Ranch, LLC (Attachment C).
8. DIRECT the Department of Conservation and Development to record the resolution and Land Conservation Contract No. AP22-0001 with the County Clerk Recorder and forward a copy to the California Department of Conservation and the County Assessor’s Office.
9. DIRECT the Department of Conservation and Development to file a Notice of Exemption with the County Clerk.
FISCAL IMPACT:
The proposed contract would result in a change in assessment and reduced property tax rate received by the County for the subject properties, pursuant to the assessment criteria set forth for properties under Williamson Act contract.
BACKGROUND:
1. PROJECT DESCRIPTION
Applicant requests approval of a rezone from General Agricultural District (A-2) to Agricultural Preserve District (A-4) for APNs 007-030-011, 007-040-001, and 007-050-001. This rezone is requested for the purpose of establishing a new agricultural preserve and placing the property into a new land conservation contract.
2. GENERAL INFORMATION
A. General Plan: The subject site has an Agricultural Lands (AL) General Plan designation.
B. Zoning: The subject properties are located in the General Agricultural District (A-2).
C. California Environmental Quality Act (CEQA) Compliance: Staff has determined this project to be exempt pursuant to CEQA Guidelines Sections 15317, and 15061(b)(3). This determination is discussed further in Section 6 below.
3. COUNTY PLANNING COMMISSION
This application was heard by the County Planning Commission (CPC) on February 28, 2024. After a brief presentation by staff, testimony was taken by the CPC, and then the hearing was closed. After deliberation, the CPC unanimously approved a recommendation to the Board of Supervisors to approve the rezoning, to establish the new agricultural preserve, and to approve the project.
4. NOTICING
Pursuant to Government Code Sections 51230 and 51233, the Board must conduct a noticed public hearing on establishment of the proposed agricultural preserve and provide notice of this hearing to the Local Agency Formation Commission (LAFCO) and any city within one mile of the exterior boundaries of the proposed agricultural preserve. Notice of a public hearing to consider establishing Agricultural Preserve/Land Conservation Contract No. AP22-0001 and rezoning the subject property to A-4 has been published in the East Bay Times and lawfully provided to adjacent property owners and the Contra Costa LAFCO; the nearest city, Brentwood, is approximately 2.25 miles northeast of the property, and the City of Antioch is approximately 2.3 miles north. These cities are far outside the one-mile radius for notification under CA Gov. Code 51233. Additionally, the properties are not within any city’s sphere of influence. As such, no cities have been notified.
5. STAFF ANALYSIS
Christopher Foskett, Successor Trustee Of The Mary Dodge Foskett Trust Dated September 24, 1984, Jean E. Foskett, Trustee Of The Jean E. Foskett Trust Dated January 31, 2023, Cheryle A. Foskett, Trustee Of The Foskett Trust Dated September 13, 2000, and Foskett Ranch, LLC (“Owners”) own approximately 1,584.3 acres of land in the unincorporated Brentwood area, composed of three legal parcels commonly known by APNs 007-030-011, 007-040-001, and 007-050-001. The Owners have applied to establish a land conservation contract (Williamson Act contract) over these three lots and establish a new agricultural preserve. The proposed project involves rezoning the subject property from General Agricultural District (A-2) to the Agricultural Preserve District (A-4), establishing a new agricultural preserve, and establishing a new land conservation contract for the three parcels.
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 comply 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.
Here, the Owners intend to continue agricultural uses on the subject properties, but wish to accomplish the following:
1. Rezone the three parcels to the Agricultural Preserve District (A-4);
2. Establish a new Agricultural Preserve to include the three parcels; and
3. Enter into a new Land Conservation Contract No. AP22-0001 covering the three parcels.
The General Plan land use designation for the subject property is Agricultural Lands (AL). This land use designation includes most of the privately-owned rural lands in the county, excluding private lands that are composed of prime soils or lands located in or near the Delta. The purpose of the Agricultural Lands designation is to preserve and protect lands capable of and generally used for the production of food, fiber, and plant materials. The proposed application is consistent with the AL General Plan land use designation. The owner intends to preserve the property for agricultural use of cattle grazing subsequent to the completion of this project. The proposed rezone is also consistent with the following General Plan goals and policy:
Goal 8-G: To encourage and enhance agriculture, and to maintain and promote a healthy and competitive agricultural economy.
Goal 8-H: To conserve prime productive agricultural land outside the Urban Limit Line exclusively for agriculture.
Policy 8-38: Agricultural operations shall be protected and enhanced through encouragement of Williamson Act contracts to retain designated areas in agricultural use.
As proposed, the project will further protect the property’s agricultural use for cattle grazing. The proposed rezone will allow for the property to establish a Williamson Act contract to preserve its agricultural use for at least ten years, and the property will remain encumbered in the future until a property owner requests for the contract’s automatic renewal to be ended. The proposed project is consistent with intent and purpose of the Agricultural Lands land use designation and the General Plan.
The subject properties 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.
The subject property consists of three legal parcels, including APNs 007-030-011, 007-040-001, and 007-050-001 at 326.59-acres, 628.39 acres, and 629.32 acres, respectively. Pursuant to Section 810-2.404(a), 100 acres is the minimum acreage to establish a new agricultural preserve, and Section 810-2.406 states that 40 acres is the minimum parcel size for non-prime agricultural land to be included in an agricultural preserve and eligible for a land conservation contract. Each of the subject parcels exceeds these minimums individually, so their combined acreage far exceeds the minimums to qualify for a land conservation contract. Last, all three parcels will also exceed the A-4 requirements of a 300-foot average width and 300-foot depth. Furthermore, the properties will continue to operate as a cattle grazing property, which is a common and encouraged land use in both the AL General Plan land use designation and the A-4 zoning district. Overall, the application meets all requirements for granting a land conservation contract.
6. ENVIRONMENTAL REVIEW
The proposed rezone of the property described above, and identified in the attached findings maps, to the Agricultural Preserve District (A-4) is exempt from the provisions of the California Environmental Quality Act. According to section 15061(b)(3) of the CEQA Guidelines, a project is exempt from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
The proposed project involves a rezone of the subject property from General Agricultural District (A-2) to Agricultural Preserve District (A-4) for the purpose of establishing a Land Conservation Contract. Changing the zoning from General Agricultural District (A-2) to the Agricultural Preserve District (A-4) will not only continue the property’s use for agricultural production, but also it will become further restrictive on land uses. This is attributed to the A-4 district and Williamson Act contract that will restrict the allowed uses to those agricultural uses that provide primarily for the commercial production of food and fiber and other compatible uses consistent with the intent and purpose of the Land Conservation Act of 1965. As it is clear the allowed land uses will be more restrictive to agricultural land uses, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
Additionally, the 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).
7. 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 the project through the actions recommended by staff.
CONSEQUENCE OF NEGATIVE ACTION:
If the Board does not take the recommended actions, the proposed agricultural preserve will not be established, the subject property will not be encumbered by a land conservation contract, and the zoning will remain A-2.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
body
IN THE MATTER OF establishing a new Agricultural Preserve and Land Conservation Contract No. AP22-0001 with respect to the subject property on Marsh Creek Road in the unincorporated Brentwood area.
WHEREAS, Christopher Foskett, Successor, Trustee of The Mary Dodge Foskett Trust Dated September 24, 1984, Jean E. Foskett, Trustee Of The Jean E. Foskett Trust Dated January 31, 2023, Cheryle A. Foskett, Trustee Of The Foskett Trust Dated September 13, 2000, and Foskett Ranch, LLC (“Owners”) own approximately 1,584.3 acres of land in the unincorporated Brentwood area, composed of three legal parcels commonly known by APNs 007-030-011, 007-040-001, and 007-050-001.
WHEREAS, the Owners have applied to rezone the three parcels to the Agricultural Preserve District (A-4); (ii) establish a new Agricultural Preserve to include the three parcels; and (iii) enter into a new Land Conservation Contract No. AP22-0001 covering the three parcels.
WHEREAS, the subject property comprising Agricultural Preserve AP22-0001 lies within an area with a General Plan land use designation of Agricultural Lands (AL). Establishing a new agricultural preserve is consistent with the purpose of the AL designation, which is to preserve and protect lands capable of and generally used for the production of food, fiber, and plant materials. Establishing this agricultural preserve is also consistent with General Plan Goal 8-G (encourage and enhance agriculture and maintain and promote a healthy and competitive agricultural economy), Goal 8-H (conserve prime productive agricultural land outside the Urban Limit Line exclusively for agriculture), and Policy 8-38 (agricultural operations shall be protected and enhanced through encouragement of Williamson Act contracts to retain designated areas in agricultural use). The subject property also satisfies the Williamson Act’s minimum acreage requirement for establishing an agricultural preserve and the property will be appropriately restricted by a land conservation contract.
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.
WHEREAS, the subject property will be rezoned from General Agricultural District (A-2) to Agricultural Preserve District (A-4), as is the practice of the County when a property is added to an agricultural preserve. New Land Conservation Contract No. AP22-0001 will apply to the entire subject property and will restrict uses on the property to those specifically allowed under contract and allowed in the A-4 Agricultural Preserve District.
WHEREAS, establishment of the new agricultural preserve and approval of new Land Conservation Contract No. AP22-0001 are categorically exempt from environmental review under the California Environmental Quality Act (California Code of Regulations, Title 14, Section 15317). Further, the actions taken to approve the project will not cause a significant effect on the environment because they restrict uses on the property and it can be seen with certainty that these restrictions would not have a significant effect on the environment (California Code of Regulations, Title 14, Section 15061(b)(3)).
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Contra Costa County resolves as follow:
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 adopts Ordinance No. 2024-11, to rezone the parcels commonly identified as Assessor’s Parcel Number (APN) 007-030-011, 007-040-001, and 007-050-001 from General Agricultural District (A-2) to Agricultural Preserve District (A-4).
4. The Board of Supervisors establishes Agricultural Preserve No. AP22-0001 to include APNs 007-030-011, 007-040-001, and 007-050-001.
5. The Board of Supervisors approves Land Conservation Contract No. AP22-0001 for APNs 007-030-011, 007-040-001, and 007-050-001, which is attached as Attachment C.
6. The Department of Conservation and Development is directed to record this resolution and Land Conservation Contract No. AP22-0001 with the County Clerk-Recorder, and forward copies to the California Department of Conservation and County Assessor's Office.