To: Board of Supervisors
Department or Agency Name(s): Permit Sonoma
Staff Name and Phone Number: Scott Orr, Jen Chard 707-565-2336
Vote Requirement: Majority
Supervisorial District(s): One
Title:
Title
Permit Sonoma File No. LLA25-0019 Kunde Lot Line Adjustment, 10745 and 10747 Highway 12, 261 and 315 Kunde Estate Road, Kenwood
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Recommended Action:
Recommended action
Adopt a Resolution approving a Lot Line Adjustment between four parcels subject to Conditions of Approval and four new Land Conservation Act Contracts for 10745 and 10747 Highway 12, 261 and 315 Kunde Estate Road, Kenwood; APNs 051-160-039, 051-170-016, 051-170-017, 051-170-023, 051-170-026, 051-250-022, 051-250-023, 051-250-024, 051-250-028 and 051-250-029. (First District)
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Executive Summary:
The proposed adjustment is consistent with the County’s Uniform Rules for Agricultural Preserves and the Land Conservation Act. Permit Sonoma staff recommends approval of the Lot Line Adjustment of four parcels of 679.43 acres (Parcel A), 176.04 acres (Parcel B), 36.28 acres (Parcel C) and 87.03 acres (Parcel D) in size resulting in 4 new parcels of 633.69 acres, 113.33 acres, 112.95 acres and 118.81 acres in size. Lot Line Adjustments on lands under a Land Conservation Contract require that the Board of Supervisors make findings of consistency with the Land Conservation Act requirements. The adjusted parcels meet the land use and density criteria of the General Plan, Parcel A, Parcel B, Parcel C and Parcel D meet all of the required findings for Land Conservation Act requirements.
Discussion:
Keith Kunde seeks approval of a Lot Line Adjustment between four parcels (refer to Lot Line Adjustment Site Plan under Attachment 5). The current legal parcels are identified as APNs 051-160-039 and 051-170-026 (Parcel A), APNs 051-250-022, -023 and -024 (Parcel B), APNs 051-170-016, -017 and -023 (Parcel C) and APNs 051-250-028 and -029 (Parcel D). The current lot sizes are: 679.43 +/- acres (Parcel A), 176.04 +/- acres (Parcel B), 36.28 +/- acres (Parcel C) and 87.03 +/- acres (Parcel D). The Lot Line Adjustment will result in parcels 633.69 +/- acres (Parcel A), 113.33 +/- acres (Parcel B), 112.95 +/- acres (Parcel C) and 118.81 +/- acres (Parcel D). The Lot Line Adjustment is being requested to realign property boundaries around existing vineyard configuration and for estate planning purposes.
Zoning for current Parcel A is comprised of two APN’s zoned as follows: APN 051-160-039 zoned RRD (Resources and Rural Development), B6 100 (100-acre density), Z (Accessory Dwelling Unit Exclusion) with combining zones for LG/MTN (Local Guidelines for Taylor/Sonoma/Mayacamas Mountains), OAK (Oak Woodland), RC 50/50 (Riparian Corridor 50 ft setback), and SR (Scenic Landscape Unit; and APN 051-170-026 is zoned LIA (Land Intensive Agriculture), B7 (Frozen Density), Z (Accessory Dwelling Unit Exclusion) with combining zones for LG/MTN (Local Guidelines for Taylor/Sonoma/Mayacamas Mountains), OAK (Oak Woodland), RC 50/25 (Riparian Corridor 50 ft setback), SR (Community Separator) and VOH (Valley Oak Habitat).
Zoning for current Parcel B, APNs 051-250-022, -023 and -024: is LIA (Land Intensive Agriculture), B6 100 (100 acre Density), Z (Accessory Dwelling Unit Exclusion) with combining zones for LG/MTN (Local Guidelines for Taylor/Sonoma/Mayacamas Mountains), OAK (Oak Woodland), RC 50/50 (Riparian Corridor 50 ft setback), and SR (Scenic Landscape Unit).
Zoning for current Parcel C, APNs 051-170-016, -017 and -023: is LIA (Land Intensive Agriculture), B6 100 (100 acre Density), Z (Accessory Dwelling Unit Exclusion) with combining zones for LG/MTN (Local Guidelines for Taylor/Sonoma/Mayacamas Mountains), OAK (Oak Woodland), RC 50/25 (Riparian Corridor 50 ft setback), and SR (Community Separator).
Zoning for current Parcel D, APNs 051-250-028 and -029: is LIA (Land Intensive Agriculture), B6 100 (100 acre Density), Z (Accessory Dwelling Unit Exclusion) with combining zones for LG/MTN (Local Guidelines for Taylor/Sonoma/Mayacamas Mountains), OAK (Oak Woodland), RC 50/25 (Riparian Corridor 50 ft setback), SR (Scenic Landscape Unit and Community Separator), and VOH (Valley Oak Habitat).
A condition of approval requires that prior to recording the grant deeds, the owner must submit a complete application for a General Plan Amendment and Zone Change technical correction to align land use and zoning boundaries with the adjusted parcel boundaries.
Site Characteristics:
The project site includes four contiguous legal parcels under the same or familial ownership. The parcels are located 2.53 miles southeast of the City of Santa Rosa and 8.21 miles north of the Town of Sonoma. The site characteristics of the resulting parcels are below.
Parcel A is a 679.43-acre parcel currently under a Prime (Type I) Land Conservation Act contract approved by the Board in November 1986 and is devoted to agriculture with 633.69-acres planted in vineyard. There are no existing structures on Parcel A. The remaining 45.74+/-acres is undesignated and open space.
Parcel B is a 176.04-acre parcel currently under a Prime (Type I) Land Conservation Act contract approved by the Board in November 1972 and is devoted to agriculture with 68-acres planted in vineyard. Existing agricultural structures associated with current parcel A will be located within the boundaries of resulting Parcel B and comprise approximately 0.2-acres of development and include a single-family residence, farm worker housing and a barn. The remaining 108+/-acres of Parcel B is undesignated and open space.
Parcel C is a 36.28-acre parcel not currently under a Land Conservation Act contract but is devoted to agriculture with 13.5-acres planted in vineyard. The remaining 22.78+/-acres is undesignated and open space.
Parcel D is a 87.03-acre parcel currently under a Prime (Type I) Land Conservation Act contract approved by the Board in November 1972 and is devoted to agriculture with 70-acres planted in vineyard. The remaining 17.03+/-acres is undesignated and open space.
After the Lot Line Adjustment, the Owner will seek approval for County rescission of the existing Land Conservation Contracts and immediate replacement with four new Land Conservation Contracts that restrict the resulting adjusted parcels. Resulting Parcel A will contain 470-acres in vineyard and open space (74% of the parcel). Resulting Parcel B will contain 65.5-acres in vineyard (58% of the parcel). Resulting Parcel C will contain 84.9-acres in vineyard (75% of the parcel). Resulting Parcel D will contain 79.2-acres in vineyard (67% of the parcel).
Land Conservation Act:
To facilitate a Lot Line Adjustment, Government Code Section 51257 permits the contracting parties to rescind the existing contract and simultaneously enter into a new contract if the required findings can be made.
State regulations for Land Conservation Contracts and the Sonoma County Uniform Rules for Agricultural Preserves and Farmland Security Zones (Uniform Rules) require that the amount of land under contract after a Lot Line Adjustment remain the same as it was before the Lot Line Adjustment and that the adjusted contracted parcel continue to meet all the requirements for a contract. The proposed Lot Line Adjustment will not result in a reduction of land under contract and the currently contracted parcels will individually meet the requirements for a contract after the adjustment because it will: (1) continue to be devoted to agriculture with at least 50% of the parcel planted in vineyard; (2) meet agricultural income requirements; (3) be included in an agricultural preserve (after required application for such inclusion); (4) will be comprised of a single legal parcel; and (5) all non-agricultural uses are compatible uses listed under the County’s Uniform Rules and do not collectively exceed an area that is 15% of the parcel or 5-acres in size whichever is less. The project is conditioned such that the farmworker housing on resultant parcel B be documented with the County prior to recordation.
Three parcels are currently under the same Prime (Type I) Land Conservation Act Contract. A condition of approval requires that prior to recording the grant deeds for the adjusted parcels, the owner apply to rescind the existing Land Conservation Act contract and replace it with new contracts for the reconfigured parcels in accordance with the Uniform Rules.
Staff Recommendation:
Staff recommends the Board approve the request because all the state and local requirements for the Lot Line Adjustment can be met.
Was this item identified as an opportunity to apply the Racial Equity Toolkit?
No
Prior Board Actions:
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Fiscal Summary
Narrative Explanation of Fiscal Impacts:
None. The applicant pays for the costs of processing the application. There will be no new fiscal impacts as a result of this action.
Narrative Explanation of Staffing Impacts (If Required):
N/A
Attachments:
Attachment 1: Draft Board of Supervisors Resolution
Attachment 2: Conditions of Approval
Attachment 3: Proposal Statement prepared by Adobe Associates
Attachment 4: Assessor’s Parcel Map
Attachment 5: Lot Line Adjustment Site Plan
Related Items “On File” with the Clerk of the Board:
N/A