File #: 12-1018    Name: Williamson Act New Applications 2013
Type: General Agenda Item Status: Passed
File created: 10/23/2012 In control: Board of Supervisors
On agenda: 11/6/2012 Final action: 11/6/2012
Title: a. Set a public hearing for December 4, 2012 at 1:30 p.m., to consider 2013 applications to establish one (1) Agricultural Preserve (“AgP”) and three (3) Farmland Security Zones (“FSZ”) and Contracts (hereafter, “Applications”) as set forth in the proposed Board Order (Attachment “A”). b. Direct the Clerk of the Board of Supervisors to publish Notice of Hearing for the Public Hearing to take place on December 4, 2012 at 1:30 p.m., to consider 2013 applications to establish one (1) Agricultural Preserve (“AgP”) and three (3) Farmland Security Zones (“FSZ”) and Contracts (hereafter, “Applications”) as set forth in the proposed Board Order (Attachment “A”). (PLN120585 - /Williamson Act Contract Applications - 2013, County-wide)
Attachments: 1. Attachment A - Notice of Hearing for December 4, 2. Attachment B - Procedures for Agricultural Preserves, 3. Attachment C - Procedures for the Creation of Farmland Security Zones, 4. Attachment D - 2013 Application Matrix, 5. Attachment E - County-wide Map, 6. Completed Board Order
Title
a. Set a public hearing for December 4, 2012 at 1:30 p.m., to consider 2013 applications to establish one (1) Agricultural Preserve ("AgP") and three (3) Farmland Security Zones ("FSZ") and Contracts (hereafter, "Applications") as set forth in the proposed Board Order (Attachment "A").
b. Direct the Clerk of the Board of Supervisors to publish Notice of Hearing for the Public Hearing to take place on December 4, 2012 at 1:30 p.m., to consider 2013 applications to establish one (1) Agricultural Preserve ("AgP") and three (3) Farmland Security Zones ("FSZ") and Contracts (hereafter, "Applications") as set forth in the proposed Board Order (Attachment "A").
(PLN120585 - /Williamson Act Contract Applications - 2013, County-wide)
 
Report
Planning File Number: PLN120585
Project Location: Various
APNs:  Various
Plan Area: Various
Flagged and Staked: No
CEQA Action: TBD
 
RECOMMENDATION:
It is recommended that the Board of Supervisors:
Set a public hearing for December 4, 2012 at 1:30 p.m., to consider 2013 applications to establish one (1) Agricultural Preserve ("AgP") and three (3) Farmland Security Zones ("FSZ") and Contracts (hereafter, "Applications") as set forth in the proposed Board Order (Attachment "A").
 
SUMMARY:
Each calendar year, the Board of Supervisors must consider AgP and FSZ contract applications pursuant to the Land Conservation Act of 1965.  This year, a total of four (4) applications for the establishment of one (1) AgP and three (3) FSZs and Contracts will be considered, pending receipt of further information requested by the County's Agricultural Preserve Review Committee (Committee) to make the application(s) complete.  Two (2) applications which have been continued from 2012 (12-009 and 11-007) will be reviewed and considered at the December 4, 2012 hearing.  Four (4) applications from 2012 (FSZ Application Nos. 2012-21, 2012-22, 2012-23 and 2012-24) which were approved pending execution of the corresponding FSZ Contracts by the Property Owners will be recommended for denial because said Contracts were never executed nor returned to the County by the Property Owners.  The December 4, 2012 Staff Report will provide the Board of Supervisors with the Committee's recommendations for each of the applications.  Board action is required to establish by contract, AgP and FSZ status for those selected applications, to commence in the year 2013, if the subject property meets the criteria found under Board Resolution No. 01-485 as amended by Board Resolution No. 03-383 (Procedures for Agricultural Preserves, set forth in Attachment "B") or Board Resolution No. 01-486 (Procedure for the Creation of Farmland Security Zones and Contracts, set forth in Attachment "C").
 
DISCUSSION:
The Committee met on October 5, 2012 to review Applications to Establish AgPs and FSZs and Contracts commencing on January 1, 2013.  Final recommendations by the Committee with detailed analysis and maps of each application will be provided as part of the December 4, 2012 Board Report for final action.  
 
Attached to this report is the 2013 Application Matrix (Attachment "D") listing the name, acreage and parcel numbers and General Plan, Area Plan designation, for applications submitted for the 2013 round of applications with a small-scale map (Attachment "E") showing the general locations of the proposed AgPs and FSZ's.  The public will be informed of the scheduled December 4, 2012 public hearing by way of County-wide noticing through publication of notice in newspapers of general circulation.  Notice of hearing will be mailed to applicants and/or their legal representatives.
 
OTHER AGENCY INVOLVEMENT:
The Committee, consisting of representatives from the Agricultural Commissioner's Office, Resource Management Agency-Planning Department, County Assessor's Office and the Office of the County Counsel, has reviewed the 2013 Applications and will make its recommendations using the criteria set forth in Board Resolution No. 01-485, Procedures for AgP Contracts-as amended by Board Resolution No. 03-383-and Board Resolution No. 01-486, Procedures for the Creation of FSZs.   The Committee will also make recommendations concerning two (2) applications which have been continued from 2012 (2012-009 and 2011-007) and four (4) applications from 2012 (FSZ Application Nos. 2012-21, 2012-22, 2012-23 and 2012-24) which were approved pending execution of the corresponding Contracts by the Property Owners for which Contracts were never executed nor returned to the County by the Property Owners.   
 
FINANCING:
In the event that the Board of Supervisors decides to approve the applications and enter into these AgP and FSZ Contracts at its December 4, 2012 meeting, the assessed valuation of properties placed under said Contracts shall be reduced to their respective restricted values, resulting in a property tax reduction.   A full estimate of said reduction will be presented at the December 4, 2012 hearing.
 
Prepared by:      Steve Mason, Senior Planner ext. 5228                                    
Approved by:       Mike Novo, Director, RMA-Planning, ext. 5192
<mailto:>            Benny Young, Director Resource Management Agency
 
This report was prepared with assistance by:
Mary Grace Perry, Deputy County Counsel
Gregg MacFarlane, Assessor-Recorder's Office
Marc Gomes, GIS Analyst - Agricultural Commissioner's Office
 
cc:      Front Counter Copy; Board of Supervisors (10); California Coastal Commission; Mike Novo; Jacqueline Onciano, Planning Services Manager; Steve Mason, Assistant Planner; Mary Grace Perry, Deputy County Counsel;  Gregg MacFarlane, Assessor-Recorder's Office;  Bob Roach, Agricultural Commissioner's Office;  The Open Monterey Project; LandWatch; Project File PLN120585
 
The following attachments on file with the Clerk of the Board:
Attachment A      Notice of Hearing for December 4 at 1:30 p.m.
Attachment B      Procedures for Agricultural Preserves (Resolution Nos. 01-485 & 03-383)
Attachment C      Procedures for the Creation of Farmland Security Zones (Resolution No. 01-486)
     Attachment D      2013 Application Matrix
Attachment E      County-wide Map - Monterey County 2013 Williamson Act Applications