To: Board of Supervisors
From: John Kopchik, Director, Conservation and Development
Report Title: Ron Nunn Farms Rezone & Land Conservation Contract Project (COUNTY FILE #AP19-0005 & RZ20-3257) (SUP. DIST. III)
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
1. OPEN the public hearing on the Ron Nunn Farms Rezone & Land Conservation Contract Project, including a rezoning, lot line adjustment, alteration of agricultural preserve boundary, and establishment of a new Land Conservation Contract; RECEIVE testimony; and CLOSE the public hearing.
2. FIND the proposed actions are consistent with the Williamson Act and the County's Williamson Act Program.
3. 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 15305(a), 15317, and 15061(b)(3);
4. FIND that the Lot Line Adjustment (LL19-0001) complies with the seven required findings of California Government Code 51257 for Williamson Act agricultural preserves, as described in Attachment A.
5. ADOPT Ordinance No. 2023-01, to rezone the parcel commonly identified as Assessor’s Parcel Number (APN) 007-130-022 from Heavy Agricultural District (A-3) to Agricultural Preserve District (A-4).
6. ADOPT a Resolution to (1) RESCIND Land Conservation Contract No. 1-85 as to APNs 010-070-040 and 010-070-051 only; (3) APPROVE Lot Line Adjustment LL19-0001; (3) ALTER the boundary of Agricultural Preserve 1-85 to include APN 007-130-022; and (4) APPROVE Land Conservation Contract No. AP19-0005 for APNs 007-130-022, 010-070-040 and 010-070-051.
7. AUTHORIZE the Chair of the Board of Supervisors, or designee, to execute Land Conservation Contract No. AP19-0005 with Ronald E. Nunn (Attachment D).
8. DIRECT the Department of Conservation and Development to record the Lot Line Adjustment LL19-0001, the resolution altering the boundary of Agricultural Preserve No. 1-85, and Land Conservation Contract No. AP19-0005 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 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
The applicant requests approval of a rezone from Heavy Agricultural District (A-3) to Agricultural Preserve District (A-4) for APN 007-130-022. This rezone is requested for the purpose of placing the property into a new land conservation contract following a lot line adjustment between APNs 010-070-051, 010-070-040, and 007-130-022.
2. GENERAL INFORMATION
a. General Plan: The subject site has an Agricultural Core (AC) General Plan designation.
b. Zoning: The subject properties are located in both the Heavy Agricultural District (A-3) and Agricultural Preserve District (A-4).
c. California Environmental Quality Act (CEQA) Compliance: Staff has determined this project to be exempt pursuant to CEQA Guidelines Sections 15305(a), 15317, and 15601(b)(3). This determination is discussed further in Section V. of this document.
3. COUNTY PLANNING COMMISSION
This application was heard by the County Planning Commission (CPC) on February 8, 2023. After a brief presentation by staff, testimony was taken by the CPC, and then the hearing was closed. After deliberation, the CPC unanimously approved the recommendation to the Board of Supervisors as prepared by staff.
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. AP19-0005 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 directly adjacent to the west of the property and has been notified.
5. STAFF ANALYSIS
Ronald E. Nunn (“Owner”) owns approximately 42 acres of land in the unincorporated Brentwood area, composed of two legal parcels commonly known by Assessor’s Parcel Numbers (APNs) 010-070-051 (“Lot 1a”), 010-070-040 (“Lot 1b”), and 007-130-022 (“Lot 2”). Lots 1a and 1b comprise a single legal parcel. The Owners have applied to establish a land conservation contract (Williamson Act contract) over Lot 2. Lots 1a and 1b are currently included in an existing land conservation contract. The proposed project involves rezoning Lot 2 from the Heavy Agricultural District (A-3) to the Agricultural Preserve District (A-4), reconfiguring the subject parcels by a lot line adjustment (LL19-0001), altering the boundaries of an adjacent agricultural preserve to include Lot 2, and establishing a new land conservation contract over Lots 1a, 1b, and 2.
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 properties, but wish to accomplish the following:
a. Rezone Lot 2 to the Agricultural Preserve District (A-4);
b. Rescind the existing Land Conservation Contract No. 1-85 as to Lots 1a and 1b only;
c. Through Lot Line Adjustment LL19-0001, reconfigure the properties into two new parcels of 11.21 acres (Lot 2 and Lot 1b) and 30.44 acres (Lot 1a) so that they meet the 10-acre minimum parcel size;
d. Alter the boundary of Agricultural Preserve 1-85 to include Lot 2; and,
e. Enter into a new Land Conservation Contract No. AP19-0005 covering the reconfigured parcels.
The General Plan land use designation for the subject property is Agricultural Core (AC). This designation applies to agricultural lands that are composed primarily of prime (Class I or II) soils in the National Resources Conservation System (NRCS) Land Capability Classifications, which are considered the very best soils for farming a wide variety of crops. The purpose of the Agricultural Core designation is to preserve and protect the farmlands of the county that are the most capable of, and generally used for, production of food, fiber, and plant materials. The proposed rezone is consistent with the AC General Plan land use designation. Currently, the property is actively utilized for agricultural production with row crops of different varieties. The property intends to remain in agricultural production 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 crop production. 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 Core 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.
Lot 1a and Lot 1b are part of the same legal parcel. The Highway 4 Bypass bisected the single, legal parcel into its current configuration, thus requiring two APNs. The entire single, legal parcel is located in Agricultural Preserve 1-85, established February 8, 1985, by Board Resolution No. 84/788. The parcel is currently restricted under Land Conservation Contract No. 1-85, also approved February 8, 1985 by Resolution No. 84/788, between the County and Ronald E., Shirley A., and Lindsey A. Nunn. Lot 1a, located north of the Highway 4 Bypass, is 30.44 acres. Lot 1b, located south of the Highway 4 Bypass, is 6.96 acres.
Lot 2 is 4.25 acres and is adjacent to the southern boundary of Lot 1b. Pursuant to Section 810-2.406, ten acres is the minimum parcel size for prime agricultural land to be included in an agricultural preserve and thus be eligible for a land conservation contract. Lot 2, without modification, could not be included in an agricultural preserve. The proposed lot line adjustment would add 6.96 acres (Lot 1b) to Lot 2 for a total of 11.21 acres of prime agricultural land. The remaining parcel would be Lot 1a as a stand-alone parcel of 30.44 acres. Both parcels resulting from the lot line adjustment (Lot 1a; Lot 1b and Lot 2) will comply with the minimum acreage requirement. Accordingly, the boundary of Agricultural Preserve 1-85 may be altered to include Lot 2 and make Lot 2 eligible for a land conservation contract.
Last, both parcels resulting from the lot line adjustment will also exceed the A-4 requirements of a 300-foot average width and 300-foot depth. Furthermore, the properties will continue to operate producing row crops, which is a primary land use goal of both the AC General Plan land use designation and the A-4 zoning district.
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. 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). Last, minor lot line adjustments that do not result in a change in land use or density are also categorically exempt (CEQA Guidelines, Section 15305(a), Class 5).
The proposed project involves a rezone of the subject property from Heavy Agricultural District (A-3) to Agricultural Preserve District (A-4) for the purpose of completing a lot line adjustment and establishing a Land Conservation Contract (Williamson Act contract). Changing the zoning from the Heavy Agricultural District (A-3) 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 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.
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.
CONSEQUENCE OF NEGATIVE ACTION:
If the Board does not take the recommended actions, the proposed agricultural preserve will not be altered and the subject property will not be encumbered by a land conservation contract. The property's zoning will remain A-3.
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 altering the boundary of Agricultural Preserve No. 1-85, rescinding Land Conservation Contract No. 1-85 as to APNs 010-070- 040 and 010-070-051 only, and establishing a new Land Conservation Contract No. AP-19-0005 with respect to property on Marsh Creek Road in the Brentwood area.
WHEREAS, Ronald E. Nunn (Owner) owns approximately 42 acres of land on Marsh Creek Road in the unincorporated Brentwood area, identified as Assessor’s Parcel Numbers (APNs) 010-070-051 (“Lot 1a”), 010- 070-040 (“Lot 1b”), and 007-130-022 (“Lot 2”) (together, the “subject property”). Lot 1a and Lot 1b are part of the same legal parcel, are located in existing Agricultural Preserve No. 1-85, and currently restricted under existing Land Conservation Contract No. 1-85. Lot 2 is not within an agricultural preserve and is not encumbered with a land conservation contract.
WHEREAS, the Owner has applied to (i) rezone Lot 2 to the Agricultural Preserve District (A-4); (ii) rescind the existing Land Conservation Contract No. 1-85 as to Lots 1a and 1b only; (iii) reconfigure the properties through a lot line adjustment into two new parcels of 11.21 acres (Lot 2 and Lot 1b) and 30.44 acres (Lot 1a) so that they meet the 10-acre minimum parcel size; (iv) alter the boundary of Agricultural Preserve 1-85 to include Lot 2; and, (v) enter into a new Land Conservation Contract No. AP19-0005 covering the reconfigured parcels.
WHEREAS, the subject property comprising Agricultural Preserve AP19-0005 lies within an area with a General Plan land use designation of Agricultural Core (AC). Altering existing Agricultural Preserve No. 1-85 to include Lot 2 is consistent with the purpose of the AC designation, which is to preserve and protect the farmlands of the county that are the most capable of, and generally used for, production of food, fiber, and plant materials. This designation applies to agricultural lands that are composed primarily of prime (Class I or II) soils in the National Resources Conservation System (NRCS) Land Capability Classifications, which are considered the very best soils for farming a wide variety of crops. Altering the boundary of 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, Lot Line Adjustment (LL19-0001), which will adjust the subject property into two new parcels of 11.21 acres (Lot 2 and Lot 1b) and 30.44 acres (Lot 1a), complies with the seven required findings of California Government Code 51257 for Williamson Act agricultural preserves, as described in the findings in Attachment A.
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 Owner intends to use the subject property primarily for irrigated farming, and no existing or proposed structures are included.
WHEREAS, Lot 2 of the subject property will be rezoned from Heavy Agricultural District (A-3) to Agricultural Preserve District (A-4), as is the practice of the County when a property is added to an agricultural preserve. Lots 1a and 1b are already zoned Agricultural Preserve District (A-4). New Land Conservation Contract No. AP19-0005 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, altering the boundary of existing Agricultural Preserve No. 1-85 to include Lot 2 and approval of new Land Conservation Contract No. AP 19-0005 are categorically exempt from environmental review under the California Environmental Quality Act (California Code of Regulations, Title 14, Section 15317). Further, these actions 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. 2023-01, to rezone the parcel commonly identified as Assessor’s Parcel Number (APN) 007-130-022 from Heavy Agricultural District (A-3) to Agricultural Preserve District (A-4).
4. The Board of Supervisors:
a. Rescinds Land Conservation Contract No. 1-85 as to APNs 010-070-040 and 010-070-051 only;
b. Approves Lot Line Adjustment LL19-0001;
c. Approves altering the boundary of existing Agricultural Preserve No. 1-85 to include APN 007-130-022; and
d. Approves Land Conservation Contract No. AP19-0005 for APNs 007-130-022, 010-070-040 and 010-070-051, which is attached as Attachment D.
5. The Department of Conservation and Development is directed to record this resolution, Lot Line Adjustment LL19-0001, and Land Conservation Contract No. AP19-0005 with the County Clerk-Recorder, and forward copies to the California Department of Conservation and County Assessor's Office.