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Conduct a noticed public hearing to consider approving Minor Subdivision application MS-25-01 by Darlene Foon Lum, Trustee of the Darlene F. Lum Trust dated April 3, 2024, and Charles F. Lum Family Limited Partnership to subdivide a 41.17-acre property under Land Conservation Contract No. 1199 into two parcels of 21.15 and 20.02 acres, located along Rockville Road, one mile west of the City of Fairfield, within the Suisun Valley Agriculture “A-SV-20” zoning district, APN’s 0027-030-150 and 0027-251-280; the project is exempt from the California Environmental Quality Act (CEQA) pursuant to §15061(b)(3) of the CEQA Guidelines because it has been determined that the proposed project will not have the potential to cause a significant effect on the environment
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Published Notice Required? Yes __X__ No ___
Public Hearing Required? Yes __X__ No ___
DEPARTMENTAL RECOMMENDATION:
The Department of Resource Management recommends that the Board of Supervisors:
1. Conduct a noticed public hearing; and
2. Adopt a resolution (Attachment A) approving Minor Subdivision No. MS-25-01 by the Lum Family Limited Partnership to subdivide a 41.17-acre property under Land Conservation (Williamson Act) contract No. 1199 into two parcels of 21.15 and 20.02 acres, located along Rockville Road, one mile west of the City of Fairfield, within the Suisun Valley Agricultural “A-SV-20” zoning district, APN’s 0027-030-150 and 0027-251-280.
SUMMARY:
The Lum family is proposing to subdivide their 41.17-acre property into two lots for estate planning purposes. The property is under Williamson Act Contract No. 1199 and is designated Prime Farmland by the California Department of Conservation Important Farmland Mapping program.
Pursuant to the provisions of the California Subdivision Map Act [Gov. Code §66474.4(a)], the Board of Supervisors is required to act on subdivisions involving lands under Williamson Act contract. The proposal does not alter the existing contract boundary; therefore, a replacement contract is not necessary. After subdivision, the two newly created parcels will remain under Williamson Act contract No. 1199. As proposed, the subdivision is consistent with the Solano County General Plan, Zoning Code, and Solano County Uniform Rules and Procedures Governing Agricultural Preserves and Land Conservation Contracts.
FINANCIAL IMPACT:
The applicant has paid the filing fees associated with the minor subdivision application. It is anticipated that the subdivision will result in new assessments by the County Assessor’s office; however, the land devoted to commercial agricultural production will remain unchanged. The costs associated with preparing the agenda item are nominal and absorbed by the Department’s FY2025/26 Working Budget.
DISCUSSION:
Project Description
The Lum property is comprised of two Assessor’s Parcel Numbers (APN’s 0027-030-150 and 0027-251-280) bisected by Rockville Road. Approximately half of the acreage is north of Rockville Road and the other half south of the road. The property is predominantly utilized for row crop production and is undeveloped. The southern half of the property has received approval of use permit No. U-19-03 for a large, custom crush winery (E & C Winery); however, construction has not commenced.
Proposed Parcel “A” is 21.15 acres situated entirely south of Rockville Road (County Road No. 81). The proposed lot is undeveloped with a potential buildable area in the northeast quarter of the parcel. The lot is serviced by Solano Irrigation District (SID) to supply water for agricultural purposes.
Proposed Parcel “B” is 20.02 acres situated entirely north of the roadway. The proposed lot is undeveloped with a potential buildable area at the southern end of the lot. The lot is also serviced by Solano Irrigation District (SID) to supply water for agricultural purposes. The Tentative Parcel Map (TPM) indicates an agricultural use water well along the northern border of this lot.
Past Action
On June 4, 2024, the Board held a public hearing and approved a lot line adjustment for parcels APN 0027-251-280 and APN 0027-030-150. The Board's approval included the rescission of Williamson Act Contract Nos. 838 and 1199, and replacement with new Williamson Act Contracts, to be recorded simultaneously with the Certificate of Compliance CC-24-01 by June 5, 2025. Because the Certificate of Compliance was not recorded by June 5, 2025, the Board's approval of that lot line adjustment and the rescission and replacement of Williamson Act Contract Nos. 838 and 1199 expired. Contract Nos. 838 and 1199 remain in effect, and the current action before the Board does not require any change to the existing Williamson Act contracts.
Domestic Water Supply
Each lot of the proposed subdivision shall have the ability to support an on-site domestic water well. Both proposed parcels lie within the “C” water abundant zone, as described on the USGS Water Bearing Rock Map dated 1972. The “C” zone is not required to show proof of water availability for any newly created lots, pursuant to Solano County Code Ch. 26-80.
Sewage Disposal
Solano County Code §§6.4-32, 6.4-81, 6.4-81.1, and 6.4-81.2, require that all proposed parcels be supported by on-site sewage disposal systems and tested for adequacy of such systems. The TPM is conditioned to perform a septic site and soil evaluation prior to recordation of the Parcel Map, which demonstrate each proposed parcel has the capacity to support septic systems that are in accordance with Solano County Code Chapter 6.4 standards.
Access and Circulation
Pursuant to Subdivision Ordinance §26-72.5, both proposed lots have frontage along, and legal access to, Rockville Road, a public right-of-way.
General Plan & Zoning Ordinance
The Solano County General Plan Land Use Diagram designates the property Agriculture, and it is also located within the Suisun Valley Agricultural Region which requires a minimum parcel size of 20 acres.
The property is zoned Suisun Valley Agriculture “A-SV-20” which requires a 20-acre minimum parcel size. The A-SV-20 district is consistent with the Agricultural General Plan Designation as outlined in the General Plan/Zoning Consistency Table (Table LU-7 General Plan). The two proposed lots exceed the 20-acre minimum parcel size specified under zoning and the agricultural production on-site is consistent with the intent of the district. All development permitted via U-19-03 will be located entirely on Proposed Parcel A. The proposed subdivision does not impact approval of that development.
Subdivision Map Act and County Subdivision Ordinance
As proposed, the source of domestic water, method of sewage disposal, access, circulation, and utility easements are consistent with the Subdivision Map Act and County Subdivision Ordinance. A discussion of the mandatory findings is contained in the resolution provided as Attachment A.
California Land Conservation Act (Williamson Act)
On February 28th, 1978, the County of Solano and property owner entered into an agreement to place the property into Williamson Act contract No. 1199 in order to discourage the premature and unnecessary conversion of the land to urban use. The contract recognizes the substantial public value of using the property for open space and agricultural purposes and declares it as an important physical, social, esthetic, and economic asset to the County (Attachment C).
The Solano County Uniform Rules and Procedures Governing Agricultural Preserves and Land Conservation Contracts (Uniform Rules) stipulates the procedure for processing subdivision applications of contracted land, outlines specific findings, and establishes minimum parcel sizes.
The Board of Supervisors is the hearing authority for all subdivisions involving contracted land, as the Board is required to find the subdivision consistent with the Williamson Act. Under §66474.4(a) of the Subdivision Map Act, the following findings are necessary for approval of the subdivision:
1) The resulting parcels are large enough to sustain commercial agricultural production.
The subject property is identified as Prime Farmland on the most recent (2020) State Department of Conservation Important Farmland Map. Pursuant to Gov. Code §51222, Prime Farmland is presumed sustainable for agricultural production on parcels 10 acres or greater in size. Further, §VII(A) of the County’s Uniform Rules supports this finding by requiring that new parcels zoned Suisun Valley Agriculture “A-SV-20” be at least 20 acres. The property in field and row crop production and the proposed parcel sizes exceed the minimum size requirement to sustain commercial agricultural production.
2) Residential development within the subdivision remains incidental to the commercial agricultural use of the land.
This finding is satisfied by the presumption described in §IV (B)(5) of the Uniform Rules which states that an agricultural subdivision is not deemed a residential subdivision when the proposed lots maintain the minimum parcel size under applicable zoning.
The proposed parcels exceed the 20-acre minimum parcel size required within the A-SV-20 zoning district. In addition, future development on contracted land requires verification that the proposed use be incidental to and compatible with commercial agricultural production on-site.
Environmental Analysis (CEQA)
The project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines §15061(b)(3), common sense exemption.
The subdivision does not propose any changes to the physical environment. A vast majority of the site is cultivated in field and row crop agricultural production. With no proposed changes to the site, the project would not create substantial additional population dependent impacts such as increased traffic, overuse of public facilities, nor impact community character. The project site does not contain any major slopes or prominent topographical features; rare, endangered or regionally significant species of native flora and fauna or known culturally significant archeological sites. The project does not have the potential for causing a significant effect on the environment therefore qualifies for the common-sense exemption.
Public Notice
In accordance with §26-95.1 of the Solano County Subdivision Ordinance, notice of public hearing was published in the Fairfield Daily Republic, a newspaper of general circulation at least 10 days prior to the hearing. In addition, all property owners of real property as shown on the latest equalized assessment roll within 300-feet of the property and all persons requesting notice were mailed notices of the hearing (Attachment D).
ALTERNATIVES:
The Board of Supervisors could also choose to:
1) Continue this item to another hearing date for further consideration. This is at the Board’s discretion should additional specific information be required that cannot be obtained during this public hearing; or
2) Deny the subdivision request. This is not recommended because the proposal meets or exceeds all development standards associated with a minor subdivision and is consistent with the General Plan, Zoning Ordinance, Subdivision Ordinance, Williamson Act, and the County’s Uniform Rules and Procedures Governing Agricultural Preserves and Land Conservation Contracts.
OTHER AGENCY INVOLVEMENT:
None.
CAO RECOMMENDATION:
APPROVE DEPARTMENTAL RECOMMENDATION