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PA 1300027(SA) & PA 1300066 Solar-Use Easement January 31, 2013 Page 2 of 5 DEPARTMENT COMMENTS ON REQUIRED CRITERIA The Department has completed its review of the solar-use easement petition, which was forwarded along with the Department's initial assessment to the Department of Food and Agriculture. The Department of Food and Agriculture did not respond by the deadline provided, nor did they notify the Department of Conservation of their intent to do so. Therefore, the Department of Conservation is providing final comments to the County regarding the submitted petition. Government Code Section 51191 (Solar-Use Easement General Provisions) states that a parcel or parcels are eligible for recession of a Williamson Act contract under section 51255 and placement into a solar-use easement if the following eight criteria are met: 1. The land meets either of the following: (A) The land consists predominately of soils with significantly reduced agricultural productivity for agricultural activities due to chemical or physical limitations, topography, drainage, flooding, adverse soil conditions, or other physical reasons. Or, (8) The land has severely adverse soil conditions that are detrimental to continued agricultural activities and production. Severely adverse soil conditions may include, but are not limited to, contamination by salts or selenium, or other naturally occurring contaminants. The site has topographic issues that prevent it from being farmed in a way similar to the area surrounding it, as is evident in the aerial imagery and supported by FMMP classification data. The portion of the site where the solar panels will be located is classified as Grazing Land, while the surrounding area (not a part of the project) is classified as Unique Farmland and supports almond orchards. Based on information in the petition, both sites have topographic issues. Based on the historic use and management practices for the site, the Department concurs that the site can meet the requirements of subsection (A), that the land consists predominately of soils with significantly reduced agricultural productivity for agricultural activities due to physical limitations, as in this case with topography and drainage issues. 2. The parcel(s) are not located on lands designated as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program. The areas where the solar panels are to be located are classified as Grazing Land, and are not in the classifications outlined under SB 618. The sites therefore meet the SB 618 statute requirements. 3. Demonstration that even under the best currently available management practices continued agricultural practices would be substantially limited due to the soils reduced agricultural productivity from chemical or physical limitations. There are topography issues in the areas proposed for solar development. Aerial photos back up this claim by showing almond orchards planted in an irregular pattern to avoid these areas in addition to FMMP classifications that follow the same irregular pattern. Due to the current and historic use of the land for grazing, there is no history of agricultural yields. The portion of the contracted area not classified as Grazing Land is planted in new almond orchards, which were recently harvested for the first time. The orchard areas are not a part of the proposed project. Although there is obviously water available to the site, the topography of the site creates water and drainage issues that leave portions of the contracted land better suited for grazing land. The Department concurs with the petition that currently available management practices are being utilized for the site and agricultural practices are substantially limited due to the physical limitations of portions of the contracted area.