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HEARING - Planning and Building Department, Planning Division, recommending the Board consider the Planning Commission’s recommendation to approve Rezone Z21-0010/Williamson Act Contract WAC21-0003/Indian Rock Tree Farm (Hyder) to rezone from Timber Production Zone to Planned Agricultural, Twenty-acre (PA-20); and establishment of a Williamson Act Contract (Agricultural Preserve) for an established Christmas tree farm, Indian Rock Tree Farm (17.0-acres) on property identified by Assessor’s Parcel Number 085-540-003, consisting of a 33.22-acres in the Camino area, submitted by Raymond L. Hyder and Geraldine F. Hyder 1994 Trust, represented by Sam Rumbaugh and Karen Hyder, and take the following actions:
1) Adopt the Mitigated Negative Declaration based on the Initial Study prepared by staff in accordance with CEQA Guidelines (Attachment J);
2) Adopt the Mitigation Monitoring and Reporting Plan (Attachment L);
3) Approve Williamson Act Contract WAC21-0003 establishing a new Agricultural Preserve of approximately 33.22-acres in size, based on the Findings (Attachment E);
4) Authorize the Chair to sign said Williamson Act Contract (Attachment E);
5) Adopt and authorize the Chair to sign Resolution 232-2024 establishing an Agricultural Preserve for said Williamson Act Contract (Attachment D);
6) Adopt and authorize the Chair to sign Ordinance 233-2024 5220 for Rezone Z21-0010, rezoning from Timber Production Zone to Planned Agricultural, Twenty-acre (PA-20) (Attachment C); and
7) Authorize Planning and Building Department staff to file a Notice of Determination with the County Recorder/Clerk's Office and the Governor's Office of Planning and Research. (District 3).
FUNDING: N/A
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DISCUSSION / BACKGROUND
The California Land Conservation Act of 1965, also known as the Williamson Act, was created to reduce increasing property taxes on agricultural land. When the Act was adopted, rising property taxes were making it difficult for farmers and ranchers to stay on their land. Under the Williamson Act, the owner of agricultural land may enter into a contract with the County if the landowner agrees to restrict the use of the land to the production of commercial crops or the raising and grazing of livestock for a term of not less than 10 years. The term of the contract is automatically extended each year unless the landowner or the County serves a notice of nonrenewal. The law also requires the County to establish an agricultural preserve and base the property tax assessment with the assumption that the highest and best use of the land is for agricultural or open space purposes. This often results in a lower property tax assessment than similar lands that have no Williamson Act Contract.
Request to consider the recommendation of the Planning Commission on the Indian Rock Tree Farm (Hyder) project, submitted by Sam Rumbaugh and Karen Hyder, for a Rezone, Z21-0010, from TPZ to PA-20, and Williamson Act Contract (Agricultural Preserve), WAC21-0003, for an established Christmas tree farm, Indian Rock Tree Farm (17.0-acres) on property identified by Assessor’s Parcel Number 085-540-003, consisting of 33.22-acres in the Camino area, District 3.
At the November 14, 2024 public hearing (Legistar file 24-1897), the Planning Commission recommended to the Board of Supervisors the following actions: 1) Adopt the Mitigated Negative Declaration based on the Initial Study prepared by staff in accordance with the CEQA Guidelines; 2) Adopt the Mitigation Monitoring Program in accordance with CEQA Guidelines Section 15074(d), incorporated as Conditions of Approval; and 3) Approve Rezone Z21-0010, and Williamson Act Contract (Agricultural Preserve) WAC21-0003, based on the Findings and subject to the Conditions of Approval as presented (Attachments G & H). The motion passed with an unanimous 5-0 vote.
ALTERNATIVES
N/A
PRIOR BOARD ACTION
N/A
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel, Assessor, Agricultural Commission
FINANCIAL IMPACT
The proposed action results in minimal impact to the General Fund's property tax revenues. Tax reduction under the Williamson Act is based on the use of the land and not its market value.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) The Clerk of the Board will obtain the Chair’s signature on Williamson Act Contract.
2) The Clerk of the Board will obtain the Chair’s signature on Resolution XXX-2024.
3) The Clerk of the Board will send fully executed Williamson Act Contract and Resolution to Clerk of the Planning Commission.
4) The Clerk of the Board will obtain the Chair’s signature on Ordinance XXX-2024.
5) The Clerk of the Board will send fully executed Ordinance to Planning and Building Department, attention Chris Smith.
STRATEGIC PLAN COMPONENT
N/A
CONTACT
Rob Peters, Deputy Director of Planning
Planning and Building Department