STAFF REPORT FOR AGRICULTURAL PRESERVE #A JULY 17, 2014 PAGE PC-1 PO BOX 47 PHILO, CA 95466

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1 JULY 17, 2014 PAGE PC-1 OWNER: APPLICANT: REQUEST: LOCATION: TOTAL ACREAGE: ZONING: NAVARRO VINEYARDS, LLC PO BOX 47 PHILO, CA DEBORAH S. CAHN PO BOX 47 PHILO, CA Rescind approximately 908+/- acres of agricultural preserve lands from Williamson Act (Agricultural Preserve Contract No.588) and re-enter the 908+/- acres along with an additional /- adjoining acres to form a new Agricultural Preserve Contract. Approximately 2.5 miles northwest of Philo, lying northeast and adjacent to State Highway /- acres of land within the existing agricultural preserve contract to be rescinded and /- acres of land being considered to be incorporated within the new agricultural preserve contract along with 908+/- acres of land for a total of 931 +/- acres. Of the 908+/- acres, approximately 801 acres are zoned Rangeland (RL-160) and 107 acres are zoned Agriculture (Ag-40). The acre parcel is zoned Agriculture (Ag-40). ADJACENT ZONING: North: RL 160 East: Ag 40, RL 160, and TP 160 South: Ag 40 West: Ag 40 GENERAL PLAN: Ag 40, and RL 160 SURROUNDING LOT SIZES: EXISTING USES: SURROUNDING LAND USES: North, East, South and West: Ranges from 4 acres to 311 acres Agricultural North, East, South and West: Agricultural and Rural Residential SUPERVISORIAL DISTRICT: 5 RELATED CASES ON SITE: R and A 47-74: The Board of Supervisors (BOS) rezoned approximately 908 acres of the subject property from A-1 to A-C (Agriculture Conservation) and F-C (Forest Conservation) and established a Type I and II Agriculture Preserve for the 908 acres through Resolution for Agricultural Preserve Contract # 588 on March 12, MS 24-81: Minor subdivision of the subject property to create two legal parcels of 160 acres and 750 acres.

2 PAGE PC-2 V : Variance for a setback reduction from a 50 foot required setback was approved on May 14, CC : Certificate of Compliance for three legally recognized parcels that comprise the acre newly acquired parcel. These CCs were recorded on March 13, RELATED CASES IN VICINITY: R 13-69: BOS rezoned an area to the north of the subject property from A-1 to A-C on May 20, R and A 44-74: BOS rezoned 228 acres from A-1 to A-C and F-C and created a Type I and II agriculture preserve on January 22, 1975, of property owned by Anderson Valley Vineyards. R and MS : BOS rezoned 640 acres from A-1 to A-C and approved a 2 parcel minor subdivision to create parcels of 40 acres and 60 acres on November 10, R and A 35-76: BOS rezoned 125 acres from A-1 to F-C and created a Type II agriculture preserve on February 9, PROJECT DESCRIPTION: The applicant recently purchased acres of agriculturally zoned land which is adjacent to their 908+/- acres which the applicant s family has been farming for over 40 years. The applicant has submitted an application to the County for the purpose of rescinding the existing 908+/- acres that are under Agricultural Preserve Contract # 588 and then re-entering under a new Agricultural Preserve Contract which would add the recently purchased acres to the 908+/- acres thereby creating a new Agricultural Preserve of approximately acres. Current and past agricultural uses of the properties are for the cultivation of commercial wine grapes and the raising of sheep. The applicant proposes to place five separate, legally recognized parcels (totaling approximately 932 acres) into a single Agricultural Preserve contract. APPLICANT S STATEMENT: The following statement, which was written by Mr. Edward Ted Bennett, was included with the application materials submitted for the project: In January 1996, our family formed Navarro Ranch LLC, of which I and my wife, Deborah Cahn are the managing members (26% ownership each) and our two children, Aaron and Sarah Cahn Bennett are the other members (24% ownership each). At that time the title of ownership of the parcels on our ranch changed to Navarro Ranch LLC. In December 2012 Navarro Ranch LLC acquired an adjacent acres, AP number Because the land is zoned AG and is being used by us as pastureland for livestock, I would like it to be added to our Agricultural Preserve Contract. SOILS ANALYSIS: The property consists of various soils identified on the Soil Survey Map issued by the United States Department of Agriculture, Soil Conservation Service. These types include Casabonne-Wohly loams, 9 to 30 percent slopes, and Sanhedrin-Kekawaka-Speaker complex, 2 to 30 percent slopes, and Sanhedrin- Kekawaka-Speaker complex, 30 to 50 percent slopes. According to the Soil Survey, these types of soils are best used for a variety of uses including livestock grazing, wildlife habitat, watershed, timber and firewood production, home-site development, wine grapes and apples. STAFF ANALYSIS: According to the applicant, the primary uses of the subject properties have been for grape production and sheep grazing and these uses will continue into the future. The applicant proposes to incorporate five separate legally recognized parcels under a single agricultural preserve contract. Section of the County Code allows for multiple properties within a single agricultural preserve stating in part that: An agricultural preserve shall consist of no less than 100 acres; provided that, in order to meet this requirement, two or more parcels may be combined if they are contiguous or if they are in common ownership.

3 PAGE PC-3 Given that the five legally recognized parcels are under one ownership (Navarro Ranch, LLC) and when combined total over 900 acres, the request can be found to meet the requirement. The County Agricultural Commissioner/Resource Lands Protection Committee recommended conditional approval noting that the existing Agricultural Preserve Contract # 588 needs to be rescinded and re-entered as a new Contract to include the 23 +/- acre parcel. The County Farm Advisor had no comment. Phone comments were received from the California Department of Conservation Division of Land Resources Protection (DLRP) and they found the request to rescind and re-enter to be consistent with their regulations. Information provided in the USDA Soils Survey Map includes wine grape production, grazing and timber production as among the most suitable activities on the soils of the subject properties. Based upon the soils, the history of the agricultural use of the subject property and the existing agricultural uses of wine grape production and grazing in areas surrounding the project area, staff finds that the property meets the criteria for Agricultural Preserve status under Section of the Mendocino County Code. ENVIRONMENTAL REVIEW AND RECOMMENDATION: The project has been found to be exempt from the California Environmental Quality Act (CEQA) per Section of the CEQA Guidelines (Class 17) and no circumstances requiring environmental review have been identified. Therefore, no further environmental consideration is necessary. GENERAL PLAN CONSISTENCY RECOMMENDATION: The proposed project is consistent with the pertinent agricultural goals and policies of the General Plan as follows: Resource Management Goal RM-10 (Agriculture): Protection of agriculture as a basic industry important to the economy and quality of life and food security of the county by maintaining extensive agricultural land areas and limiting incompatible uses. Agriculture Resources Policies Policy RM-100: Maintain extensive agricultural land areas and limit incompatible uses. Policy RM-101: The County supports policies and programs to maintain and enhance the viability of agricultural operations and retention of agricultural land. Policy RM-103: The County shall give priority to the protection of lands designated as Type I Contracts under the Williamson Act over the protection of lands designated as Type II Contracts. Policy RM-110: Consistent with State funding, encourage the creation and renewal of Williamson Act contracts on eligible lands. RECOMMENDED MOTION: That the Planning Commission recommend to the Board of Supervisors approval of #A which will rescind Agricultural Preserve Contract # 588 and renew a Agricultural Preserve Type I and II Contract to include the 908 acres from Agricultural Preserve Contract # 588 along with the /- acres of APN , finding the request to be consistent with the General Plan and Mendocino County Code Section DATE FRED TARR PLANNER II FT/hm May 26, 2014

4 PAGE PC-4 Categorically Exempt REFERRAL AGENCIES Assessor Farm Advisor Ag Commissioner Planning Building Services-Ukiah Resource Lands Protection Committee REFERRAL NOT RETURNED X X X REFERRAL RECEIVED "NO COMMENT" X X COMMENTS RECEIVED X

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