To: Sonoma County Board of Supervisors
Department or Agency Name(s): Permit Sonoma
Staff Name and Phone Number: Tennis Wick, Director and Jen Chard, Planner III (707) 565-2336
Vote Requirement: Majority
Supervisorial District(s): Fourth
Title:
Title
File No. LLA23-0032 Garibaldi Lot Line Adjustment, 30225 and 30355 River Road, Cloverdale
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Recommended Action:
Recommended action
Adopt a Resolution approving a Lot Line Adjustment between 2 parcels subject to Conditions of Approval and a Land Conservation Act Contract at 30225 and 30355 River Road, Cloverdale; APNs 116-190-013 and 116-190-006. (Fourth District)
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Executive Summary:
Staff has determined that the adjusted parcels are consistent with the County’s Uniform Rules for Agricultural Preserves and the Land Conservation Act and recommends approval of the Lot Line Adjustment to adjust between two parcels of 0.30-acres (Lot A) and 89.13-acres (Lot B) in size resulting in two parcels of 0.30-acres and 89.17-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 and Lot B meets all of the required findings for Land Conservation Act Requirements.
Discussion:
Curtis and Associates seeks approval of a Lot Line Adjustment between two parcels (refer to Lot Line Adjustment Site Plan under Attachment 5). The legal parcels are identified as APN 116-190-013 (Lot A) and APN 116-190-006 (Lot B). The current lot sizes are: 0.30+/- acres (Lot A) and 89.17+/- acres (Lot B). The Lot Line Adjustment will result in parcels 0.30+/- acres (Lot A) and 89.17+/- acres (Lot B). The Lot Line Adjustment is being requested to realign property boundaries around the development on lot A. The property line currently runs through a structure. The lot line adjustment facilitated by the recommendation action will place the affected structure solely on adjusted lot A.
Zoning for Parcel A is LIA (Land Intensive Agriculture) B6 20 (20-acre density) with combining zones for SR (Scenic Resource) and VOH (Valley Oak Habitat).
Zoning for Parcel B is LIA (Land Intensive Agriculture) B6 20 Z (20-acre density, Accessory Dwelling Unit Exclusion) with combining zones for F1 (Floodway), F2 (Floodplain), MR (Mineral Resources), RC 50/25 (Riparian Corridor with 50-foot and 25-foot setbacks), RC 200/100 (Riparian Corridor with 200-foot and 100-foot setbacks), SR (Scenic Resource) 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 two contiguous parcels under separate ownership: Parcel A is owned by Beth Garibaldi and Parcel B is owned by Alexander Vista Vineyards, LLC. The parcels are located just outside the city boundaries of Cloverdale.
Parcel A is a 0.30-acre parcel that is not currently subject to a Land Conservation Act contract. Parcel A is developed with a single-family residence and a septic system.
Parcel B is an 89.17-acre parcel currently under a Prime (Type I) Land Conservation Act contract approved by the Board in February 1976 and is devoted to agriculture with 70.3-acres planted in vineyard. Existing agricultural structures on Parcel B comprise approximately 0.5-acres and include two barns, two Ag Employee housing units with septic systems and a single-family residence with septic system. The remaining 19.37+/- acres of Parcel B is undeveloped.
After the Lot Line Adjustment, for Parcel B the Owner will seek approval for County rescission of the existing Land Conservation Contract and immediate replacement with a new Land Conservation Contract that restricts the resulting adjusted parcel. Resulting Parcel B will contain 70.3-acres in vineyard (79% of the parcel). An even acreage exchange of acres between Parcel A and B is proposed to align the property line with existing development; therefore, the use and acreage of Parcel A will remain unchanged, and there will be no net loss of land under contract following the adjustment.
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 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 parcel, Parcel B, 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 Uninform Rules and do not collectively exceed an area that is 15% of the parcel or 5-acres in size whichever is less.
Lot B is currently under a 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 in its entirety and replace it with a new contract for reconfigured parcel B only. Parcel A is not currently restricted by a Land Conservation Contract, does not qualify for a contract, and will continue to be so unrestricted after the lot line adjustment and after rescission of the existing contract and replacement of it with a new contract for Parcel B.
Staff Recommendation:
Staff recommends the Board approve the request because all the state and local requirements for the Lot Line Adjustment can be met.
Strategic Plan:
N/A
Racial Equity:
Was this item identified as an opportunity to apply the Racial Equity Toolkit?
No
Prior Board Actions:
12/13/2011: Board approves the Sonoma County Uniform Rules for Agricultural Preserves and Farmland Security Zones (Resolution No. 11-0678).
07/31/2012: Board amends the Sonoma County Uniform Rules for Agricultural Preserves and Farmland Security Zones (Resolution No. 12-0379).
05/07/2013: Board amends the Sonoma County Uniform Rules for Agricultural Preserves and Farmland Security Zones (Resolution No. 13-0186).
12/20/2016: Board amends the Sonoma County Uniform Rules for Agricultural Preserves and Farmland Security Zones (Resolution No. 16-0485).
10/31/2017: Board amends the Sonoma County Uniform Rules for Agricultural Preserves and Farmland Security Zones (Resolution No. 17-0426).
11/07/2017: Board amends the Sonoma County Uniform Rules for Agricultural Preserves and Farmland Security Zones (Resolution No. 17-0438).
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.
Staffing Impacts:
N/A
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 Curtis and 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