title
Conduct a noticed public hearing to consider Minor Subdivision MS-22-01 by Triad Farms to subdivide a 160.08-acre parcel of land under Land Conservation contract No. 930 into two parcels of 47.81 acres and 112.27 acres, located at 8080 Sikes Road, 3.5 miles east of the City of Dixon, within the Exclusive Agriculture “A-40” Zoning District, (APN 0111-150-050), including determining if the minor subdivision is consistent with the requirements of Williamson Act Contract No. 930; and Find that the project qualifies for a common-sense exemption from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines §15061(b)(3)
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) approving Minor Subdivision No. MS-22-01 by Triad Farms to subdivide a 160.08-acre parcel under Land Conservation contract No. 930 into two parcels of 47.81 acres (Parcel One) and 112.27 acres (Parcel Two), including findings that:
a. The subdivision is consistent with the requirements of the underlying Williamson Act Contract No. 930, which will apply to both proposed parcels after approval of the Parcel Map; and
b. The project qualifies for a common-sense exemption from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines §15061(b)(3).
SUMMARY:
Triad Farms is proposing to subdivide their 160.08-acre property, located northeast of the intersection of Sikes Road and Hackman Road, 3.5 miles east of the City of Dixon, into two lots, Proposed Parcel One at 47.81 acres and Proposed Parcel Two at 112.27, for estate planning purposes (Attachment B). The entire property is relatively flat, gently sloping to the east, is within the Exclusive Agriculture “A-40” zoning district and designated Prime Farmland according to the California Department of Conservation Important Farmland Mapping and is currently under Land Conservation contract No. 930. The property is devoted to the commercial agricultural production of almonds, characteristic of the Dixon Ridge Agricultural Region with similar agricultural operations consisting of orchards and seasonal row crops on properties ranging in size between 80 - 160 acres surrounding it. The subject site is effectively segmented into four orchard blocks, framed by interior dirt farm access roads. The property is developed with a primary residence and multiple agricultural accessory structures of varying sizes, clustered near the center of the property. Proposed Parcel One contains an existing residence, and subdivision of the property would allow Proposed Parcel Two to be developed with a primary dwelling incidental to the commercial agricultural use; however, no development is proposed at this time.
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 land conservation contract (Williamson Act). The proposal does not alter the existing contract boundaries; therefore, a replacement contract is not necessary. After subdivision, the two newly created parcels will remain under contract No. 930. As proposed, the subdivision is consistent with the Solano County General Plan, Zoning Code, and the 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 and developed improvements on-site will remain unchanged. The costs associated with preparing the agenda item are nominal and absorbed by the Department’s FY2023/24 Working Budget.
DISCUSSION:
Project Description
Triad Farms is proposing to subdivide 160.08 gross acres of agricultural property into two parcels as seen on the Tentative Parcel Map (TPM) provided in Attachment B.
Proposed Parcel One is 47.81 acres and is developed with a residence, domestic water well, private septic system, agricultural water well, and some agricultural accessory buildings. A majority of the parcel is planted in an almond orchard. Existing private driveway access is developed off Sikes Road.
Proposed Parcel Two is 112.27 acres in size and is developed with some agricultural accessory buildings, an agricultural water well, and planted in an almond orchard. Existing 20’ wide all-weather gravel access is provided off Hackman Road. In the absence of a residence, §26-72.6 of the Solano County Subdivision Ordinance requires that a proposed lot have at least one buildable area. As seen on the TPM, a buildable area consisting of a 4,000 square foot homesite, domestic water well location, and leach field locations have been identified on Proposed Parcel Two to accommodate potential residential development.
Staff review has determined that the proposed subdivision complies with requirements in Solano County Code and the Subdivision Map Act for water supply, sewage disposal, access and circulation, and utilities. Staff review has also determined that the proposed subdivision is in conformance with the County’s General Plan and complies with the County’s Zoning Regulations and Subdivision Ordinance and the State’s Map Act. A more detailed analysis of conformance and compliance with these items is provided in Attachment C for the Board’s consideration.
California Land Conservation (Williamson) Act
Solano County and the property owner entered into Williamson Act Contract No. 930 on May 30, 1972, which was then recorded on June 2, 1972 (Attachment D). 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 to discourage the premature and unnecessary conversion of the land to urban use. The Solano County Uniform Rules and Procedures Governing Agricultural Preserves and Land Conservation Contract (Uniform Rules) stipulates the procedure for processing subdivision applications of contracted land, outlines specific findings that must be made, and establishes minimum parcel sizes. The Board of Supervisors is the hearing authority for all subdivisions involving such contracted land. Under §66474.4(a) of the Subdivision Map Act, the following findings related to the Williamson Act Contract 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 (2018) 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 be at least 41 acres for property entered into contract prior to December 27, 1977. The property is currently an almond orchard and the proposed parcel sizes exceed the minimum size requirement to sustain commercial agricultural productions.
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 40-acre minimum parcel size required within the Exclusive Agriculture “A-40” zoning district. In addition, future development on contracted land requires verification that the proposed use be incidental to and compatible with commercial agricultural production onsite.
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 almond orchard and residential development incidental to agricultural production exists or is feasible on both lots. 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 and therefore qualifies for the common-sense exemption.
PUBLIC NOTICE REQUIREMENT
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 and the Dixon Tribune, 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 E).
ALTERNATIVES:
The Board of Supervisors could also choose to 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:
County Counsel has reviewed the draft resolution, Attachment A, and concurs with the Department of Resource Management’s recommended action.
CAO RECOMMENDATION:
APPROVE DEPARTMENTAL RECOMMENDATION