title
Conduct a noticed public hearing to consider adopting a resolution to approve Lot Line Adjustment application LLA-24-01 by Darlene Lum & Charles F. Lum Family Limited Partnership and Bains Farms LLC to transfer 19.72 acres of property from Lum to Bains and to rescind and replace Land Conservation Contract Nos. 838 and 1199, 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, 0027-251-280, and 0027-030-030; 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
body
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-24-01, rescind Land Conservation Contract Nos. 838 and 1199, and approve replacement Land Conservation Contract Nos. 1386 and 1387.
SUMMARY:
The Bains property is entered into Williamson Act Contract No. 838 and the Lum property is entered into Contract No. 1199. The proposal will transfer 19.72 acres from Lum ownership to Bains ownership. Replacement Land Conservation Contracts are necessary to align new contract boundaries with the proposed parcel reconfiguration and respective ownership.
Pursuant to Government Code §51257(a) and the Solano County Uniform Rules and Procedures Governing Agricultural Preserves and Land Conservation Contracts (Uniform Rules) Section VI, Board of Supervisors approval is required for lot line adjustments involving properties under more than one land conservation contract.
FINANCIAL IMPACT:
The applicant has paid the filing fees associated with the LLA application and the replacement land conservation contracts. The two lots are currently enrolled in the Williamson Act and will remain under contract. The LLA will not create any additional lots or change any existing land use onsite; therefore, no financial impacts are anticipated. The costs associated with preparing this agenda item are nominal and absorbed by the Department’s FY2023/24 Working Budget.
DISCUSSION:
Project Description
The existing 60.64-acre Bains property (APN 0027-030-030) is predominantly planted in vineyards. The northwestern portion of the property is developed with a primary and secondary residence and various accessory structures. The property is accessed via Cadenasso Lane, a private road which intersects Rockville Road to the south.
The 39.96-acre Lum property (APN’s 0027-030-150 and 0027-251-280) is undeveloped and predominantly utilized for row crop production. This property is bisected by Rockville Road. The acreage being transferred is located entirely on the north side of Rockville Road, contiguous with the Bains property. The proposal will increase the size of the Bains property to 80.30 acres and decrease the Lum property to 20.26 acres.
Utilities and Infrastructure
The existing residential development on the Bains property is served by domestic water and private septic systems. Water and septic will be required on the Lum property should development occur in the future. The proposal will not change existing access; however, approval will result in both lots having direct access to a public roadway and frontage along Rockville Road (County Road No. 81).
General Plan and Zoning
The Solano County General Plan designates both properties Agriculture and both are located within the Suisun Valley Agricultural Region which recommends a minimum lot size of 20 acres. The two lots are zoned Suisun Valley Agriculture “A-SV-20” which requires a 20-acre minimum parcel size. As reconfigured, both lots will exceed the 20-acre minimum parcel size requirements. The existing and continued primary use of each property for agricultural purposes is consistent with the General Plan and the allowable land uses and development standards of A-SV-20 zoning district.
Subdivision Map Act and County Subdivision Ordinance
The proposal involves the reconfiguration of two existing legal lots and no new lots will be created. In addition, pursuant to §26-43(a)(2) of the County Subdivision Ordinance, no conforming lot will be made nonconforming with applicable zoning requirements.
A Certificate of Compliance (CC) demonstrating that the subject lot line has been adjusted in accordance with the State of California Subdivision Map Act and Solano County Subdivision Ordinance regulations shall be recorded with the Solano County Recorder’s Office 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 CC process.
Land Conservation Contract
The Williamson Act is a State program that provides a preferential tax advantage to a property owner 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 establish minimum parcel sizes.
In order for parcels to be eligible to enter into 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 in commercial agricultural use 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;
• Exceed 10-acre required parcel size for prime farmland.
The subject properties continue to be utilized for vineyard and row crop production and existing residential development is compatible with the Williamson Act. The properties have the requisite agricultural General Plan and Zoning designations to enable eligibility for contract. Both the Lum and Bains properties, as reconfigured, exceed the Uniform Rules 10-acre requirement for prime farmland.
As proposed, the commercial agricultural production, residential development, and the replacement Land Conservation Contracts are consistent with the Williamson Act and Uniform Rules.
Environmental Review (CEQA)
Approval of the Lot Line Adjustment and the replacement Land Conservation Contracts are exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Guidelines §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 may 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-24-01, which includes rescinding Land Conservation Contract Nos. 838 and 1199, and approving replacement contract Nos. 1386 and 1387. This action is not recommended because zoning, use, and size of reconfigured lots 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 DEPARTMENTAL RECOMMENDATION