4.2.1 Introduction Environmental Setting. Section 4.2 Agriculture and Forest Resources. Regional Setting

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1 Section 4.2 Agriculture and Forest Resources Introduction This section describes the environmental and regulatory settings for agricultural resources. It also identifies potential impacts and the need for mitigation measures, if applicable. This section is based on several resources, including information from the revised Farmland/Soil Characterization Study (McIntosh, 2014) provided in Appendix B, the Soil and Geology Studies (BSK, 2013) provided in Appendix C and the Williamson Act Cancellation Analysis (McIntosh, 2014) provided in Appendix D Environmental Setting Regional Setting Kern County covers 8,202 square miles, including 1,256 square miles of harvested agricultural land. In 2008, approximately 17 percent of the County was harvested land and approximately 28 percent of County land was rangeland. The 2011 gross value of all agricultural commodities produced in Kern County was $5,364,538,600, which is 12.8 percent increase from the revised 2010 crop value ($4,757,416,700). The increase in gross value is a result of an 8.8 percent increase in total harvested acreage in Kern County, increases in field crop acreages and prices, increases in the price of livestock, and increases in overall milk production and prices (McIntosh, 2014). Kern County is growing rapidly and other uses are encroaching on agricultural lands. As shown in Table 4.2-1, between 2006 and 2008, Kern County lost approximately 22,959 acres of important farmland but converted 14,143 of those acres to grazing land, which brings the total agricultural land converted to 8,816 acres (McIntosh, 2014). Table 4.2-1: Farmland Conversion in Kern County Land Use Category Total Acres 2006 Net Acreage Changed Total Acres 2008 Prime Farmland 640,037-13, ,217 Farmland of Statewide Importance 214,848 +1, ,348 Unique Farmland 107,295-10,639 96,656 Farmland of Local Importance Important Farmland Subtotal 962,180-22, ,221 Grazing Land 1,792, ,143 1,807,069 Agricultural Land Subtotal 2,755,106-8,816 2,746,290 Urban and Built-up Land 129,339 +9, ,695 Other Land 2,327,121 +2,270 2,329,391 Water Area 9, ,880 Total Area Inventoried 5,221,377 +2,879 5,224,256 Source: CDOC, California Farmland Conversion Report:

2 The total acres of prime and nonprime agricultural land in the County as defined in the Williamson Act as Open Space that were reported to the California Department of Conservation (CDOC) in the Kern County Annual Subvention Report, were 1,459, acres under a California Land Conservation (Williamson) Act contract, and 145, acres enrolled in Farmland Security Zone contracts (McIntosh, 2014). Local Setting Homes Ranch Site The Homes Ranch Site consists of three parcels, two contiguous parcels and one parcel to the northwest. Assessor Parcels Numbers (APN) and are zoned as Exclusive Agriculture (A) and APN is designated as Limited Agriculture (A-1). General Plan Land Use designations for the Homes Ranch Site include: 8.1 (Intensive Agriculture, Min. 20 Acre Parcel Size) for the contiguous sites and 5.6 (Residential, Min. 2.5 Gross Acres/Unit) for the smaller site. However, the site is designated as vacant and disturbed land and is not considered Prime Farmland, Farmland of Statewide Importance or Unique Farmland (CDOC, 2010). The contiguous parcels were utilized for sheep grazing and cultivation, and were farmed until Large areas of the site are void of vegetation, especially on the eastern portion. The noncontiguous portion of this site is developed with an abandoned house. Approximately half of the site is completely developed with access roads, loops, parking areas and related facilities (McIntosh, 2012). The project site slopes towards a depression that forms Koehn Lake and has an elevation range of approximately 650 feet above mean sea level (amsl) (BSK, 2013). Soil types on the site are classified as Cajon loamy sand that has a loamy substratum and zero to five percent slopes; Cajon gravely loamy sand with zero to nine percent slopes; Rosamond clay loam with zero to two percent slopes. Use of the Storie Index is a method of soil rating solely based on soil characteristics (e.g. slope, texture) that govern the land s potential utilization and productive capacity (University of California, 1978). The Rosamond Soil Unit 171 carries a Storie Index rating of 88 which qualifies as prime agricultural land as defined by the Williamson Act (Storie Index ) (McIntosh, 2012). The contiguous portion of the Homes Ranch Site is located in Agricultural Preserve No. 17 and consists of approximately 659 acres. Sons Ranch Sites 1 and 2 Sons Ranch Site 1 and 2 consist of 10 parcels covering approximately 689 acres that is generally contiguous. Nine of the 10 parcels have an A zoning designation. Assessor Parcel No has an A-1 zoning designation. General Plan Land Use designations for Sons Ranch Site 2 include: 8.1 (Intensive Agriculture, Min. 20 Acre Parcel Size), 8.5 (Resource Management, Minimum 20 Acre Parcel Size), 8.1/2.1 (Intensive Agriculture, Min. 20 Acre Parcel Size/Seismic Hazard), 8.5/2.5 (Resource Management, Minimum 20 Acre Parcel Size/Flood Hazard), and 5.6 (Residential, Min. 25. Gross Acres/Unit). Sons Ranch Sites 1 and 2 are designated as vacant and disturbed land and are not considered Prime Farmland, Farmland of Statewide Importance or Unique Farmland (CDOC, 2010). Sons Ranch Sites 1 and 2 were used for agricultural purposes between 1968 through 2000 (McIntosh, 2012). Much of the area is void of vegetation or supports mostly ruderal vegetation. Some scattered salt cedar and mesquite line portions of the former alluvial fan drainage to the south of the property. Some 4.2 2

3 desert salt bush is scattered on parts of this property in formerly farmed areas (MH Wolfe and Associates, 2012). Soil types on the site are classified as: Arizo gravelly loam sand, two to five percent slopes; Cajon loamy sand, zero to five percent slopes; Rosamond clay loam with zero to two percent slopes; and Rosamond clay, loam, saline, alkali with zero to two percent slopes; Jawbone Association with 30 to 60 percent slopes. The Rosamond Soil Unit 171 carries a Storie Index rating of 88, and qualifies as prime agricultural land (McIntosh, 2012). Additionally, there are approximately 689-acres on Sons Ranch Sites 1 and 2 that are located within Agricultural Preserve No. 17. All but 10 of these acres (Assessor Parcel No ) are also contracted under Williamson Act, and a Notice of Nonrenewal Land Use Contract or Agreement was filed and recorded on January 20, The land use contracts are scheduled to expire on December 31, 2015 (McIntosh, 2014) Regulatory Setting Federal Farmland Protection Policy Act (7 U.S.C Section 4201) (FPPA) The purpose of the Farmland Protection Policy Act (FPPA) is to minimize the extent to which federal programs contribute to the unnecessary and irreversible conversion of farmland to nonagricultural uses. It additionally directs federal programs to be compatible with state and local policies for the protection of farmlands. Congress passed the Agriculture and Food Act of 1981 (Public Law 97-98) containing the FPPA Subtitle I of Title XV, Section The final rules and regulations were published in the Federal Register on June 17, Federal agencies are required to develop and review their policies and procedures to implement the FPPA every two years. The FPPA does not authorize the federal government to regulate the use of private or nonfederal land or affect the property rights of owners. For the purpose of FPPA, farmland includes prime farmland, unique farmland, and land of statewide or local importance. Farmland subject to FPPA requirements does not have to be currently used for cropland. It can be forest land, pastureland, cropland, or other land, but not water or urban built-up land. Projects are subject to FPPA requirements if they may irreversibly convert farmland (directly or indirectly) to nonagricultural use and are completed by a federal agency or with assistance from a federal agency (NRCS, 1994). State California Department of Conservation, Division of Land Resource Protection The CDOC applies the soil classifications created by the NRCS to identify and plan for California s agricultural land resources. The CDOC has a minimum mapping unit of 10 acres, with parcels that are smaller than 10 acres being absorbed into the surrounding classifications

4 The list below describes the categories mapped by the CDOC. Collectively, lands classified as Prime Farmland, Farmland of Statewide Importance, and Unique Farmland are referred to as Farmland (CDOC, 2004). Prime Farmland. Farmland that has the best combination of physical and chemical features able to sustain long-term agricultural production. This land has the soil quality, growing season, and moisture supply needed to produce sustained high yields. Land must have been used for irrigated agricultural production at some time during the four years prior to the mapping date. Farmland of Statewide Importance. Farmland similar to Prime Farmland but with minor shortcomings, such as greater slopes or less ability to store soil moisture. Land must have been used for irrigated agricultural production at some time during the four years prior to the mapping date. Unique Farmland. Farmland of lesser quality soils used for the production of the state s leading agricultural crops. This land is usually irrigated, but may include nonirrigated orchards or vineyards as found in some climatic zones in California. Land must have been used for crops at some time during the four years prior to the mapping date. Farmland of Local Importance. Land of importance to the local agricultural economy as determined by each county s board of supervisors and a local advisory committee. Grazing Land. Land on which the existing vegetation is suited to the grazing of livestock. This category was developed in cooperation with the California Cattlemen s Association, University of California Cooperative Extension, and other groups interested in the extent of grazing activities. The minimum mapping unit for Grazing Land is 40 acres. Urban and Built-up Land. Land occupied by structures with a building density of at least one unit to 1.5 acres, or approximately six structures to a 10-acre parcel. This land is used for residential, industrial, commercial, institutional, public administrative purposes, railroad and other transportation yards, cemeteries, airports, golf courses, sanitary landfills, sewage treatment, water control structures, and other developed purposes. Other Land. Land not included in any other mapping category. Common examples include lowdensity rural developments; brush, timber, wetland, and riparian areas not suitable for livestock grazing; confined livestock, poultry, or aquaculture facilities; strip mines and borrow pits; and water bodies smaller than 40 acres. Vacant and nonagricultural land surrounded on all sides by urban development and greater than 40 acres is mapped as Other Land. As defined by the California Land Conservation Act (G.C ), prime agricultural soils include (c) Prime agricultural land means any of the following: 1. All land that qualifies for rating as class I or class II in the United States Department of Agriculture, NRCS land use capability classifications. 2. Land which qualifies for rating 80 through 100 in the Storie Index Rating. 3. Land which supports livestock used for the production of food and fiber and which has an annual carrying capacity equivalent to at least one animal unit per acre as defined by the USDA. 4. Land planted with fruit- or nut-bearing trees, vines, bushes, or crops which have a nonbearing period of less than five years and which will normally return during the commercial bearing 4.2 4

5 period on an annual basis from the production of unprocessed agricultural plant production not less than two hundred dollars ($200) per acre. Farmland designations are continually updated by state soil scientists. California Land Conservation Act (Williamson Act) The California Land Conservation Act of 1965, commonly referred to as the Williamson Act, is promulgated in California Government Code Section and therefore applies only to specific land parcels within California. The Williamson Act enables local governments to enter into contracts with private landowners to restrict specific parcels of land to agricultural or related open space uses in return for reduced property tax assessments. Private land within locally designated agricultural preserve areas is eligible for enrollment under Williamson Act contracts. The Williamson Act program is administered by the CDOC, in conjunction with local governments that administer the individual contract arrangements with landowners. Participation in the Williamson Act program is dependent on County adoption and implementation of the program and is voluntary for landowners (CDOC, 2011). The landowner commits the parcel to a 10-year period wherein no conversion out of agricultural use is permitted. Each year the contract automatically renews unless a notice of nonrenewal or cancellation is filed. In return, the land is taxed at a rate based on the actual use of the land for agricultural purposes, as opposed to its unrestricted market value. An application for immediate cancellation can also be requested by the landowner, provided that the proposed immediate cancellation application is consistent with the cancellation criteria stated in the California Land Conservation Act and those adopted by the affected county or city. Nonrenewal or immediate cancellation does not change the zoning of the property. The Williamson Act states that a board or council by resolution shall adopt rules governing the administration of agricultural preserves. The rules of each agricultural preserve specify the uses allowed. Generally, any commercial agricultural use would be permitted within any agricultural preserve. In addition, local governments may identify compatible uses that are allowed with a use permit (CDOC, 2009). California Government Code Section states that, unless otherwise decided by a local board or council, the erection, construction, alteration, or maintenance of electric and communication facilities, as well as other facilities, are determined to be compatible uses within any agricultural preserve. Section states that the board of supervisors may impose conditions on lands or land uses to be placed within preserves to permit and encourage compatible uses in conformity with Section Further, California Government Code Section allows a board or council to allow as compatible any use that without conditions or mitigations would otherwise be considered incompatible. However, this may occur only if that use meets the following conditions: The use would not significantly compromise the long-term productive agricultural capability of the subject contracted parcel or parcels on other contracted lands in agricultural preserves. The use would not significantly displace or impair current or reasonably foreseeable agricultural operations on the subject contracted parcel or parcels or on other contracted lands in agricultural preserves. Uses that significantly displace agricultural operations on the subject contracted parcel or parcels may be deemed compatible if they relate directly to the production of commercial agricultural products including activities such as harvesting, processing, or shipping

6 The use would not result in the significant removal of adjacent contracted land from agricultural or open space use. Farmland Security Zone Act The Farmland Security Zone Act is similar to the Williamson Act and was passed by the California State Legislature in 1999 to ensure that long-term farmland preservation is part of public policy. Farmland Security Zone Act contracts are sometimes referred to as Super Williamson Act Contracts. Under the provisions of this act, a landowner already under a Williamson Act contract can apply for Farmland Security Zone status by entering into a contract with the county. Farmland Security Zone classification automatically renews each year for an additional 20 years. In return for a further 35 percent reduction in the taxable value of land and growing improvements (in addition to Williamson Act tax benefits), the owner of the property promises not to develop the property into nonagricultural uses. Public Resources Code Section Public Resources Code (PRC) Section defines agricultural land for the purposes of assessing environmental impacts using the FMMP. The FMMP was established in 1982 to assess the location, quality, and quantity of agricultural lands and the conversion of these lands. The FMMP provides guidance for the analysis of agricultural and land use changes throughout California. Local Williamson Act Standard Uniform Rules Kern County has adopted a set of Agricultural Preserve Standard Uniform Rules that identify land uses that are considered compatible uses within agricultural preserves established under the Williamson Act. These rules are designed to restrict the uses of land enrolled in a Williamson Act contract to agriculture or other compatible uses. Agricultural uses include crop cultivation, grazing operations, commercial wind farms, livestock breeding, dairies, and uses that are incidental to agricultural uses. Other compatible uses include the erection of gas, electric, communications, water, and other similar public utilities. Kern County General Plan The Kern County General Plan states that agriculture is vital to the future of Kern County and sets the goals of protecting important agricultural lands for future use and preventing the conversion of prime agricultural lands to other uses (e.g., industrial or residential). The Kern County General Plan includes three designations for agricultural land: 8.1 Intensive Agriculture (minimum parcel size 20 acres gross) devoted to the production of irrigated crops or having potential for such use; 8.2 Resource Reserve (minimum parcel size 80 acres gross) devoted to areas of mixed natural resource characteristics including rangeland; and 8.3 Extensive Agriculture (minimum parcel size 20 acres gross except lands subject to a Williamson Act contract/farmland Security Zone contract, in which case the minimum parcel size shall be 80 acres gross) devoted to uses involving large amounts of land with relatively low value-per-acre yields such as livestock grazing, dryland farming, and woodlands

7 The policies, goals, and implementation measures in the Kern County General Plan for agricultural resources applicable to the project are provided below. The Kern County General Plan contains additional policies, goals, and implementation measures that are more general in nature and not specific to development such as the proposed project. Therefore, they are not listed below, but as stated in Chapter 2, Introduction, all policies, goals, and implementation measures in the Kern County General Plan are incorporated by reference. Chapter 1. Land Use, Open Space, and Conservation Element 1.9 Resource Goals Goal 1: Goal 2: Goal 3: Goal 5: To contain new development within an area large enough to meet generous projections of foreseeable need, but in locations which will not impair the economic strength derived from the petroleum, agriculture, rangeland, or mineral resources, or diminish the other amenities which exist in the County. Protect areas of important mineral, petroleum, and agricultural resource potential for future use. Ensure the development of resource areas minimize effects on neighboring resource lands. Conserve prime agriculture lands from premature conversion. Policies Policy 1: Appropriate resource uses of all types will be encouraged as desirable and consistent interim uses in undeveloped portions of the County regardless of General Plan designation. Policy 5: Areas of low intensity agriculture use (Map Code 8.2 (Resource Reserve), Map Code 8.3 (Extensive Agriculture), Map Code 8.5 (Resource Management) should be of an economically viable size in order to participate in the State Williamson Act Program/Farmland Security Zone Contract. Policy 7: Areas designated for agricultural use, which include Class I and II and other enhanced agricultural soils with surface delivery water systems, should be protected from incompatible residential, commercial, and industrial subdivision and development activities. Policy 9: When evaluating General Plan Amendment proposals to change a Map Code 8.1 (Intensive Agriculture) designation to accommodate residential, commercial, or industrial development, the County shall consider the following factors: (a) Approval of the proposal will not unreasonably interfere with agricultural operations on surrounding lands

8 (b) Necessary public services (fire, sheriff, etc.) and infrastructure are available to adequately serve the project. (c) There is a demonstrated need for the proposed project location based upon population projections, market studies and other indicators. (d) The requested change in land use designation is accompanied by a zone change and other implementing land use applications for a specific development proposal. (e) The site is contiguous to properties that are developed or characterized by nonagricultural land uses. (f) Past agricultural use of the site has led to soil infertility or other soil conditions which render the property unsuitable for long-term agricultural use. (g) Approval of the proposed project outweighs the need to retain the land for long-term agricultural use. (h) Where adjacent or within proximity (1/2 mile) to existing urban areas, the County shall discourage agricultural conversion that is discontinuous with urban development. Policy 12: Areas identified by the NRCS as having high range-site value should be conserved for Extensive Agriculture uses or as Resource Reserve, if located within a County water district. Implementation Measure Measure F: Prime agricultural lands, according to the Kern County Interim-Important Farmland 2000 map produced by the CDOC, which have Class I or II soils and a surface delivery water system shall be conserved through the use of agricultural zoning with minimum parcel size provisions Impacts and Mitigation Measures This section describes the impact analysis relating to agriculture and forest resources for the proposed project. It describes the methods used to determine the impacts of the project and lists the thresholds used to conclude whether an impact would be significant. Measures to mitigate (i.e., avoid, minimize, rectify, reduce, eliminate, or compensate for) significant impacts accompany each impact discussion. Methodology Potential impacts associated with the project related to agriculture and forest resources were qualitatively evaluated based on professional judgment, analysis of the Kern County General Plan s applicable goals and policies related to agricultural resources, and the significance criteria established by CEQA. Important farmland data from CDOC was used to determine the most recent classification of farmland on the project sites. Williamson Act data was obtained from the Kern County Assessor s Office. In addition, state and local regulations were reviewed for relevant goals and policies that may be applicable to the proposed project. The impact analysis addresses potential conversion of important farmlands, conflict 4.2 8

9 with agricultural zoning designations, or other changes resulting from the proposed project that would remove important farmlands from agricultural production. Thresholds of Significance The Kern County CEQA Implementation Document and Kern County Environmental Checklist identify the following criteria, as established in Appendix G of the CEQA Guidelines, to determine if a project could potentially have a significant adverse effect on agriculture and forest resources. A project could have a significant adverse effect on agriculture and forest resources if it: Converts Prime Farmland, Unique Farmland, or Farmland of Statewide Important (Farmland), as shown on the maps pursuant to the FMMP of the California Resources Agency, to nonagricultural uses; Conflicts with existing zoning for agricultural use or a Williamson Act contract; Conflicts with existing zoning for, or causes rezoning of, forest land (as defined in Public Resources Code Section 12220(g)), timberland (as defined by Public Resources Code Section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g)); Results in the loss of forest land or conversion of forest land to non-forest use; Involves other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to nonforest use; or Results in the cancellation of an open space contract made pursuant to the California Land Conservancy Act of 1965 or Farmland Security Zone Contract for any parcel of 100 or more acres (Section 15205(b)(3) Public Resources Code). The lead agency determined in the NOP/IS (see Appendix A) that the following environmental issue areas would result in no impacts or less-than-significant impacts. Therefore, no further analysis is required in this EIR based on the scoping review. Please refer to Appendix A of this EIR for a copy of the NOP/IS and additional information regarding these issue areas. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g)); and Result in the loss of forest land or conversion of forest land to non-forest use

10 Project Impacts Impact 4.2 1: The proposed project could convert Prime Farmland, Unique Farmland, or Farmland of Statewide Important (Farmland), as shown on the maps pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non agricultural uses. The CDOC FMMP does not designate any Prime Farmland, Unique Farmland or Farmland of Statewide Importance mapped on any of project sites. The FMMP designates the Homes Ranch Site, and Sons Ranch Sites 1 and 2 as having vacant and disturbed land. Therefore, implementation of the proposed solar facility would not result in the conversion of any Prime Farmland and would not remove any Prime Farmland from production. The majority of the site has not been under agricultural production for over 12 years and approximately one-third of the site has been fallow for over 15 years (McIntosh, 2014). Impacts associated with conversion of Prime Farmland, Unique Farmland, or Farmland of Statewide Importance per implementation of proposed solar facility would be less than significant. Mitigation Measures No mitigation measures are required. Level of Significance after Mitigation Impacts would be less than significant. Impact 4.2 2: The proposed project could conflict with existing zoning for agricultural use or a Williamson Act Contract. A large portion of the project area is zoned Exclusive Agriculture (A). According to Kern County Zoning Ordinance and , solar energy electrical facilities are permitted within an A (Exclusively Agricultural) and A-1 (Limited Agricultural) Zone Districts with approval of a CUP. The proposed solar facility would change the zoning of the remaining project areas not currently zoned A to A, which would allow for the construction and operation of the proposed solar facility with approval of a CUP. Therefore, with the CUP approval, the proposed solar facility would be consistent with applicable land use policies and regulations and impacts would be less than significant. The General Plan encourages the development of alternative sources of energy, such as solar energy, while protecting the environment (see also Section 4.10, Land Use and Planning, for additional goals and policies that promote solar energy development). Construction of the PV solar power generation system facilities would be consistent, and would not conflict, with agricultural zoning of the project sites. Therefore, development of the project sites for use as a solar facility is expected to result in a less-thansignificant impact related to conflicts with existing zoning. Most of Sons Ranch Sites 1 and 2 are under Williamson Act contracts: 679 acres of approximately 689 acres total. A Notice of Nonrenewal Land Use Contract or Agreement has been recorded for these areas, and was approved on January 20, 2006; however, the contracts will not expire until December 31, Therefore, Williamson Act Land Use Contract cancellations are also requested as part of the proposed project. Petitions for cancellation of the contracts were submitted to the County pursuant to Section 51282(a)(1), which requires that the cancellation be in the public interest. The County may grant

11 cancellation only if it makes the required statutory findings (Government Code Section 51282(a)). To determine that the cancellation is in the public interest, the County must find (1) that other public concerns substantially outweigh the objectives of the Williamson Act and (2) that there is no proximate noncontracted land that is both available and suitable for the proposed use or that development of the contracted land would provide more contiguous patterns of urban development (Government Code Section 51282(c)). Development of the proposed solar facility would address the public s concerns related to energy security, global climate change, and the economy. Implementation of the project would not attract additional nonagricultural development to adjacent land (i.e., the solar facility would not induce residential or commercial growth in the area). The proposed solar facility would help the State of California achieve its goal of obtaining 33 percent of its energy from renewable resources. The proposed solar facility would generate renewable electrical power using solar PV panels and connect to the electrical grid. Should the Kern County Board of Supervisors determine that cancellation of the contract is in the public benefit (per Section 51282(a)), no conflict with Williamson Act contracted land would occur, and impacts associated with Williamson Act lands would be less than significant. The proposed solar facility would not affect agricultural uses on adjacent or nearby properties under Williamson Act land use contracts or within agricultural zoning designations for three reasons: (1) the project would not introduce a non-agricultural use that is sensitive to or incompatible with agricultural operations that would occur nearby; (2) at the end of its operating life, infrastructure associated with the facility would be removed, which would allow the project site to return to agricultural use; and (3) the project includes a zone change so that the entire project site would be zoned for agriculture, which would encourage future agricultural uses on the property rather than non-agricultural uses. Therefore, the project would not result in farmland conversion impacts. The project would be consistent with the goals, policies, implementation measures, and action programs of the Kern County General Plan (Goals 2, 3, and 5; Policies 7, 9, and 12) that promotes the preservation and use of available natural resources. Even though agricultural uses would not occur with the proposed project, should the solar facility cease operations, agricultural zoning and the County s standard mitigation measure requiring a Decommissioning Plan and financial assurances would promote the conversion of the project area back to agricultural uses. As a result, impacts associated with conflict with agricultural uses would be less than significant. Mitigation Measures No mitigation is required. Level of Significance after Mitigation Impacts would be less than significant. Impact 4.2 3: The proposed project could involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non agricultural use or conversion of forestland to non forest use. The proposed solar facility would not convert lands designated as Prime Farmland, Unique Farmland or Farmland of Statewide Importance to nonagricultural use. None of the project sites are actively farmed; no agricultural production has occurred on the Homes Ranch Site for nine years, and Sons Ranch Sites

12 and 2 for 16 years. Developing the solar facility would temporarily preclude the sites from being available for agricultural production. However, use of the sites for generation of electricity through passive conversion of sunlight is not anticipated to negatively affect adjacent or nearby agricultural production. There are lands adjacent to the project sites that are zoned for agricultural use, which are either used for agriculture or are undeveloped. Converting the project sites unused agricultural land to a solar resource use is not anticipated to affect any nearby growers. In addition, the proposed solar facility would not place additional restrictions on noise, burning, or dust generation on surrounding operations. Kern County Ordinance Code 8.56 (Ordinance G-6664, Section 2 [2000], Right-to-Farm and Right-to-Business) encourages the operation of properly conducted businesses involved in agriculture, oil, mining, manufacturing, and other nonresidential operations within the County. In order to make potential solar developers and operators aware of possible impacts from nearby agricultural, oil, mining, manufacturing, and other nonresidential activities, Mitigation Measure MM requires a note on all project site plans that would inform the developer or operator that the property may be subject to inconveniences or discomforts arising from surrounding agricultural and/or oil exploration and extraction operations. Furthermore, as described in Section 4.8, Hazards and Hazardous Materials, development would not result in any significant environmental impacts on adjacent properties. Impacts from construction and operation activities that may result from the release of fuels, solvents, pesticides, or herbicides onto adjacent properties would be reduced to less-than-significant levels through the implementation of a hazardous materials business plan (Mitigation Measure MM 4.8-1)As a result, the proposed project would not include activities that would restrict or impair agricultural production on adjacent land or nearby properties. Additionally, with implementation of Mitigation Measure MM and Mitigation Measure MM impacts would be less than significant. Mitigation Measures Implement Mitigation Measure MM (see Section 4.8, Hazards and Hazardous Materials). MM The following note shall appear on all site plans: The County of Kern encourages operation of properly conducted businesses in agriculture, oil, mining, manufacturing, and other nonresidential operations within the County. If the property you are purchasing is located near these businesses, you may be subject to inconveniences or discomforts arising from such operations to the extent allowed by law. This notice does not waive your legal rights. Level of Significance after Mitigation Impacts would be less than significant. Impact 4.2 4: The proposed project could result in the cancellation of an open space contract made pursuant to the California Land Conservancy Act of 1965 (Williamson Act) for any parcel of 100 or more acres. The project area includes portions of land within Agricultural Preserve No. 17, including 692-acres of the Sons Ranch Sites 1 and 2. As described above, the project would involve cancellation of Williamson Act contracts on all sites. In addition, the solar facility would involve early cancellation of an open space (Williamson Act) contract made pursuant to the California Land Conservation Act of 1965 of areas over 100 acres. The adopted Kern County Agricultural Preserve Standard Uniform Rules require areas within

13 agricultural preserves to be used for agricultural purposes to qualify for a contract. Land that is not used for agriculture would not meet the uniform rules and, therefore, would not qualify to remain under contract. Because the proposed project would change the land uses from inactive agricultural to a solar facility, which are not qualified uses under the uniform rules, the proposed solar facility would result in the cancellation of the agricultural land use contracts. The requested Williamson Act Land Use Contract Cancellation Petition argues the proposed project complies with the State of California Government Code Section 51282(a)(2) that the cancellation is in the public interest and that there is no proximate non- Contracted land that would provide more contiguous patterns of development than development of the proximate non-contracted land (Macintosh & Associates, 2013). Because the Williamson Act Land Use Contract cancellation areas are greater than the 100-acre CEQA threshold, this impact is considered significant and unavoidable. Mitigation Measures No feasible mitigation measures to reduce this impact to a less-than-significant level have been identified. Level of Significance after Mitigation Impacts would be significant and unavoidable. Cumulative Setting, Impacts, and Mitigation Measures The geographic scope for cumulative agricultural resources and forest resource impacts is Kern County as a whole. Kern County ranks high on the list of California counties with respect to urbanization and loss of farmland. From 2008 to 2010, 28,573 acres of Important Farmland and 32,866 acres of agricultural land were converted to another use (CDOC, 2010). Furthermore, according to CDOC, a large number of property owners decided not to renew Williamson Act contracted acreage. This contributed to a loss of 14,009 acres of prime and nonprime property in Continued growth in population would likely decrease the amount of agricultural land in Kern County even further. A list of projects that comprise the cumulative setting is provided in Table 3-3 in Chapter 3, Project Description. Several solar projects are currently proposed. These projects, if approved, have the potential to convert thousands of acres of agricultural lands, including lands designated as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, to nonagricultural uses. The proposed project would not convert land designated as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to nonagricultural use to accommodate the project. However, under Impact 4.2-2, it was concluded that the project would result in the cancellation of Williamson Act contracts and cancellation of contracts for agricultural areas that are over 100 acres in size, which would be a significant and unavoidable impact. Likewise, cumulative impacts from the loss of Williamson Act and agricultural preserve lands resulting from the proposed project, when combined with other proposed projects in the County, would also be considered significant and unavoidable. Mitigation Measures Implement Mitigation Measure MM and Mitigation Measure MM Level of Significance after Mitigation Impacts would be significant for cumulative cancellation of Williamson Act Land Use Contract

14 4.2 14