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Conduct a noticed public hearing to consider adopting a resolution to approve Lot Line Adjustment application LLA-23-01 by Solano County Farmlands and Open Space Foundation (Solano Land Trust) and Ralph Lewis Azevedo and Shirley Ann Azevedo Revocable Trust et. al. to transfer 7.45 acres of land between two adjacent lots; Rescind Land Conservation contract Nos. 559, 1014, a portion of 1078, and 1292; Approve replacement Land Conservation contract Nos. 1383, 1384, 1389, and 1390, located along Lynch Road, three miles northeast of the City of Vallejo, within the Exclusive Agriculture “A-20” zoning district, APN’s 0180-030-050 and 0180-040-040; the project is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines §15268 and §15317 relating to ministerial projects and the establishment of land conservation contracts
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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) to approve Lot Line Adjustment application LLA-23-01, rescind Land Conservation contract Nos. 559, 1014, a portion of 1078, and 1292, and approve replacement Land Conservation contract Nos. 1383, 1384, 1389, and 1390.
SUMMARY:
The Solano Land Trust (SLT) owns and administers the Lynch Canyon Open Space, located north of Interstate 80 between the cities of Vallejo and Fairfield, near Red Top Road. This property is operated as a park, in partnership with the Solano County Parks division of Resource Management. One feature located at this open space is a pond used for watering cattle that graze on both the open space and the neighboring lands owned by the Azevedo eTrust. The existing property line between SLT and the Azevedo property bisects the pond and its earthen dam, creating compliance issues with State of California dam regulations regarding maintenance and repair. To resolve this, the two parties have agreed to adjust the property boundary so that SLT will own the entire pond and dam, facilitating coordination with the State for necessary repairs and maintenance. The Azevedo property will retain water rights for their cattle.
Both the Land Trust and Azevedo properties are subject to separate Williamson Act contracts. The proposed lot line adjustment alters the exterior boundaries of these contracts, requiring approval by the Board of Supervisors under Government Code §51257(a) and Section VI of Solano County’s Uniform Rules and Procedures Governing Agricultural Preserves and Land Conservation Contracts (“Uniform Rules”).
FINANCIAL IMPACT:
The applicants have paid the required fees for the Lot Line Adjustment application and the replacement Land Conservation Contracts. Since the land is currently under a Williamson Act contract, no financial impacts or changes in assessed land value are anticipated. The costs associated with preparing this agenda item are nominal and will be absorbed by the Department’s FY2024/25 Working Budget.
DISCUSSION:
Background
On September 12, 2023, this application was brought to the Board of Supervisors for consideration of a requested continuance to address the discovery that the Azevedo parcel (APN: 0180-030-050) was part of larger contiguous ownership involving multiple APNs under multiple Williamson Act contracts. In addition, contract No. 1078 included additional property under separate ownership of Julian Ramirez, adding further complexity to the relatively straightforward objective of the lot line adjustment.
The item was continued to an unspecified date in order to assess the legal and procedural implications of the multiple Williamson Act contracts which did not align with legal lot boundaries, and to recommend an appropriate course of action.
Project Description
The lot line adjustment will transfer 7.45 acres from the Azevedo Trust to the Solano Land Trust, placing the entire pond and dam under SLT ownership. The adjustment also alters the outer boundary of Williamson Act contract Nos. 559 and 1292, therefore necessitating rescinding and replacing those contracts. The project will result in four replacement contracts which align with legal lot boundaries and common ownership. A partial rescission of contract No. 1078 will result in that contract being entirely under Ramirez ownership.
Below is a breakdown by ownership, acreage, Assessor’s parcel number, and resulting Williamson Act contract. Attachment C depicts existing and resultant conditions.
Solano Land Trust
799.45 acres
APNs: 0180-040-040, 0180-040-050
Contract No. 1383
Solano Land Trust
84 acres
APN: 0180-050-050
Contract No. 1390
Azevedo et. al.
712.81 acres
APNs: 0180-030-020, 0180-030-030, 0180-030-050
Contract No. 1384
Azevedo et. al.
380.86 acres
APN: 0180-020-050
Contract No. 1389
Ramirez
43.07 acres
APNs: 0148-260-050, 0148-260-060
Contract No. 1078
Approval will not change the acreage under contract, nor result in the creation of any additional parcels.
General Plan and Zoning
Figure LU-1 of the Solano County General Plan designates the project site Agriculture. In addition, the entire site is located within the Exclusive Agriculture “A-20” zoning district. As identified on the General Plan/Zoning Consistency table (Table LU-7, General Plan), the A-20 district is consistent with the Agricultural General Plan designation.
The A-20 zoning district allows for a range of agricultural uses, including livestock grazing, crop cultivation, and other compatible uses that support the agricultural character of the area. The proposed lot line adjustment is consistent with the General Plan and zoning district's objectives, as it intends to facilitate more effective management of the reservoir and dam, which are essential resources for the agricultural operations taking place within Lynch Canyon open space and the Azevedo property. As adjusted, both properties exceed the 20-acre minimum parcel size required by zoning.
Subdivision Map Act and County Subdivision Ordinance
The proposal involves the reconfiguration of two existing lots and no new lots will be created. The applicant has supplied adequate information to accompany the lot line adjustment application per County Subdivision Ordinance Section 26-41.1. The reconfigured parcels are of sufficient size to maintain the existing agricultural and open space land uses on-site.
A Certificate of Compliance demonstrating that the subject lot line has been adjusted in accord with the State of California Subdivision Map Act and Solano County Subdivision Ordinance regulations shall be recorded with the Solano County Recorder’s Officed within one (1) year of the tentative approval by the Board of Supervisors. The applicants will be required to secure a signed Tax Certificate letter from the Solano County Tax Collector as part of the compliance process.
Land Conservation Contract
The Williamson Act is a State program that provides reduced property taxes in exchange for a commitment by the owner to maintain the property in commercial agricultural use. This commitment is made via a Land Conservation contract between the property owner and the County. The County has established its Uniform Rules to provide local procedures for how the program is to be implemented. The Uniform Rules stipulate the procedure for processing lot line adjustments for contracted land, outline specific findings that must be made, and establishes minimum parcel sizes.
For parcels to be eligible to enter a land conservation contract, amend an existing contract, and to maintain eligibility while under contract, the County Uniform Rules and Procedures Governing Agricultural Preserves and Land Conservation Contracts outlines various requirements. These requirements include:
• The property must be in commercial agricultural use at the time of application and must be maintained during the life of the contract,
• All land uses on the property must be compatible with the Williamson Act, and
• The property must be located within an appropriate General Plan Designation and Zoning District
The lot line adjustment will alter the outer perimeter of existing contract Nos. 559 and 1292 by transferring 7.45 acres from the Azevedo family to the Solano Land Trust, therefore necessitating rescinding and replacing those contracts.
Notarized replacement land conservation contracts have been submitted by each property owner and all contracted land will be reentered into the replacement contracts. The properties will continue to be utilized for agricultural cattle grazing and open space purposes.
As proposed, the agricultural production, open space, parcel sizes, and replacement Land Conservation contracts are consistent with the Williamson Act and Uniform Rules.
Environmental Review (CEQA)
Approval of the Lot Line Adjustment and replacement Land Conservation contracts are exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Guidelines sections §15268 and §15317. Section §15268 states that ministerial projects such as this lot line adjustment are exempt from the requirements of CEQA. Section §15317 provides an exemption for the establishment of land conservation contracts.
Public Notice
In accordance with the Solano County Subdivision Ordinance, notice of a public hearing was published at least 10 days before the scheduled hearing in the Fairfield Daily Republic. In addition, all owners of real property, as shown on the latest equalized assessment roll, within 300 feet of the property and all persons requesting notice of the public hearing were mailed notices of the hearing.
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 and may be necessary if additional specific information is required that cannot be obtained during this public hearing; or
2. Deny the request to approve Lot Line Adjustment LLA-23-01, rescind Land Conservation Contract Nos. 559, 1014, portion of 1078, and 1292, and approve replacement contract No. 1383 and 1390 of Solano Land Trust and Land Conservation Contract No. 1384 and 1389 of the Azevedo family. This action is not recommended because both parcels, including their agricultural zoning, existing agricultural use of the land, and parcel sizes are 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 DEPARTMENT RECOMMENDATION