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Conduct a noticed public hearing to consider adopting a resolution to approve Lot Line Adjustment application LLA-24-03 by Corey and Monica Williams and the Robby and Jessica Harris Family Trust to transfer two separate 24,950 sf portions of property between two adjacent lots; and rescind and replace Land Conservation contract No. 946, located along Mix Canyon Road, 4.5 miles northwest of the City of Vacaville, within the Watershed and Conservation “W” zoning district, APN’s 0102-120-010 and 0102-170-010; 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-24-03, rescind Land Conservation contract No. 946, and approve replacement Land Conservation contract No. 1388.
SUMMARY:
The Williams parcel was the site of a residence that was destroyed in the 2020 Lightning Complex fires (LNU). A boundary survey of the Williams parcel disclosed the encroachment of existing improvements related to the previous residence at 2939 Mix Canyon Road onto the Harris property. The proposed lot line adjustment will remedy the encroachment of those improvements by transferring 24,950 square feet (sf) of area around the residential home-site from Harris to Williams ownership and a transfer a separate 24,950 sf of area from Williams to Harris ownership resulting in no net change of acreage under respective ownership.
In addition, the Harris parcel is entered into Land Conservation contract No. 946 and a replacement contract is necessary to align 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 which alter the outer perimeter of land subject to contract.
FINANCIAL IMPACT:
The applicant has paid the filing fees associated with the Lot Line Adjustment (LLA) application and the replacement land conservation contract. The Harris property is currently enrolled in the Williamson Act and will remain under contract. The LLA will not create any additional lots nor 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 FY2024/25 Working Budget.
DISCUSSION:
Project Description
Corey and Monica Williams are currently pursuing reconstruction of a residence lost to the LNU fire. The house pad and associated utilities are sited on a relatively flat area along the northern property line of the 24.42-acre parcel (APN 0102-170-010). Mix Canyon Road and Ulatis Creek are just south of the homesite and restrict development to a relatively small portion of the property. The property is otherwise undeveloped, heavily vegetated, and exhibits steep topography. The proposal will adjust the property line to ensure that the residential rebuild, domestic water well, and septic system are all contained on the Williams property.
Residential development on the Harris parcel is situated approximately 1,000 feet east of the adjusted lot line and will be unaffected by the proposed adjustment.
General Plan and Zoning
The Solano County General Plan designates both properties Watershed and both are located within the Watershed and Conservation “W” zoning district which maintains a minimum parcel size of 160 acres. Both properties will maintain existing acreage and remain legal, nonconforming with respect to lot size.
With the reconfigured property line, the residential rebuild on the Williams property will meet the 10-foot minimum setback requirement to the rear and side property lines.
Existing residential development and continued cattle grazing on the Harris property are consistent with the General Plan designation and W zoning district.
Subdivision Map Act and County Subdivision Ordinance
The proposal involves the reconfiguration of existing lots and no new lots will be created. In 1999, the Williams property was determined to be a separate legal parcel via Certificate of Compliance No. CC-99-07. The Harris property includes the western portion of APN 0102-120-010 and all of APN 0102-050-060. This parcel was created by the patent to John Burns filed October 25, 1889. The eastern portion of APN 0102-120-010 was created by the patent to Henry Winchell filed May 20, 1884.
A Certificate of Compliance (CC) 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 CC 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 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 Harris parcel involved in the lot line adjustment is part of a larger, contiguous ownership of the Harris Family Trust totaling 514.85 acres. In addition to the Harris property, two additional property owners are entered into Land Conservation contract No. 946; which include 29.15 acres owned by Samurai and Sabrina Summerfield and 140 acres owned by Hamid A. Abbasi.
The lot line adjustment will alter the outer perimeter of contract No. 946 by changing the area under Harris ownership by 24,950 sf, necessitating rescinding and replacing the former contract. The Summerfield and Abbasi properties are unaffected by the lot line adjustment and will remain enrolled in the Williamson Act via replacement Land Conservation contract No. 1388.
Notarized replacement land conservation contracts have been submitted by each property owner and all will continue to be included in replacement contract No. 1388. The land will continue to be utilized for cattle grazing land and open-space watershed.
As proposed, the agricultural production, residential development, and the replacement Land Conservation contract is consistent with the Williamson Act and Uniform Rules.
Environmental Review (CEQA)
Approval of the Lot Line Adjustment and replacement Land Conservation contract 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 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-24-03, rescind Land Conservation contract No. 946, and approve replacement contract No. 1388. 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:
County Counsel has reviewed this item and concurs with the findings and recommendation.
CAO RECOMMENDATION:
APPROVE DEPARTMENTAL RECOMMENDATION