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File #: 2023-1059   
Type: Consent Calendar Item Status: Agenda Ready
File created: 8/15/2023 In control: Permit and Resource Management
On agenda: 9/12/2023 Final action:
Title: Agricultural Covenant and Agreement for a Farm Family Dwelling Unit on a 10.84-acre parcel located at 421 W North St, Healdsburg; file No. ZPE22-0140.
Department or Agency Name(s): Permit and Resource Management
Attachments: 1. Summary Report, 2. ATT 1 ZPE22-0140 Proposal Statement.pdf, 3. ATT 2 ZPE22-0140 Site Plan.pdf, 4. ATT 3 ZPE22-0140 Grant Deed of Agricultural Easement and Covenant

To: Board of Supervisors

Department or Agency Name(s): Permit Sonoma

Staff Name and Phone Number: Jen Chard, (707) 565-2336

Vote Requirement: Majority

Supervisorial District(s): Fourth

 

Title:

Title

Agricultural Covenant and Agreement for a Farm Family Dwelling Unit on a 10.84-acre parcel located at 421 W North St, Healdsburg; file No. ZPE22-0140.

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Recommended Action:

Recommended action

Accept and authorize the Chair of the Board of Supervisors to execute, and Permit Sonoma to record, a Grant Deed of Agricultural Easement and Covenant to allow one detached farm family dwelling unit on the property located at 421 W North St, Healdsburg, APN: 089-140-024, Permit Sonoma File No. ZPE22-0140. (Fourth District)

 

end

Executive Summary:

The Land Intensive Agriculture zoning district allows for one (1) detached farm family dwelling unit per lot, provided that a Williamson Act contract is in effect. A Farm Family Dwelling unit is defined as an additional single-family dwelling incidental to the main dwelling in terms of size, location, and architecture which is not leased, subleased, rented, or sub-rented separately from the main dwelling nor divided by sale, and which is inhabited by a member of the farm operator's family. A Farm Family Dwelling is considered a compatible use as described in the County’s Uniform Rules for Agricultural Preserves and Farmland Security Zones for Williamson Act contracted lands. Staff recommends your Board accept and authorize the Chair of the Board of Supervisors to execute, and Permit Sonoma to record, the offered Grant Deed of Agricultural Easement and Covenant to allow one detached farm family dwelling unit on the property, because upon recordation, all zoning requirements for a Farm family Dwelling will have been met.

Discussion:

James Driscoll and Joanne Tsai, the landowners, seeks approval of a Zoning Permit to construct a new 844 square foot Farm Family Dwelling Unit on a 10.84-acre vineyard property located at 421 W North St Healdsburg CA; APN: 089-140-024. The farm family dwelling will be occupied by a member of the farm operator’s family.

 

Site Characteristics:

The 10.84-acre property, APN 089-140-024, is accessed from W North St, approximately 0.2 miles west of the City of Healdsburg. The Farm Family Dwelling is proposed to be constructed near a 4,748 square foot primary residence and garage. Approximately 7.5 acres of the 10.84-acre property is planted vineyard. Zoning for the site is LIA (Land Intensive Agriculture) B6 20 (20 acres per dwelling unit) and combining zones for Z (Accessory Unit Exclusion), SR (Scenic Resources), and VOH (Valley Oak Habitat). The property is currently in compliance with a Williamson Act contract.

 

Farm Family Dwelling:

The Sonoma County Zoning Code allows Farm Family Dwelling units on properties zoned LIA (Land Intensive Agriculture), provided that the standards under Section 26-24-160 (B) are met.

 

Sec. 26-24-160 (B) Standards:

 

1.                     A maximum of one (1) Farm Family Dwelling unit is allowed per lot.

2.                     LIA zone: Allowed only on a property with a Williamson Act contract.

3.                     LIA and LEA zones:

a.                     An agricultural easement having a term equal to the useful life of the structure, but in no event less than twenty (20) years, shall be offered to the county at the time of application.

b.                     A covenant shall be recorded, in a form satisfactory to county counsel, which acknowledges that, in the event that the agricultural use is terminated on the property, the Farm Family Dwelling becomes a nonconforming residential use.

 

The request is consistent with the Zoning Code definition (Sec. 26-24-160 (A)) and standards for a Farm Family Dwelling as the proposed 844 square foot residence is incidental to the proposed 4,748 square foot primary residence and the Farm Family Dwelling will be occupied by a member of the farm operator’s family. Additionally, the request meets the Land Intensive Agriculture Zoning District requirements for a farm family dwelling as the property is subject to a Williamson Act contract for prime agricultural land (contract recorded 2018-072255) and a Grant Deed of Agricultural Easement and Covenant (Farm Family Housing) has been prepared for the request. The easement will protect and preserve the resource value, agricultural viability, and productiveness of the property, and ensure that the property continues in agricultural use throughout the term of the easement and will cover the whole property. 

 

Staff Recommendation:

Staff recommends the Board approve the request to accept and authorize the Chair of the Board of Supervisors to execute a Grant Deed of Agricultural Easement and Covenant because all zoning requirements for the easement, covenant, and farm family dwelling are met and a Grant Deed of Agricultural Easement and Covenant (Farm Family Housing) has been prepared, which is included at Attachment 3.

Strategic Plan:

Not Applicable

Prior Board Actions:

Not Applicable

Fiscal Summary

Not Applicable

Narrative Explanation of Fiscal Impacts:

Not Applicable

Narrative Explanation of Staffing Impacts (If Required):

Not Applicable

 

Attachments:

ATT 1: ZPE22-0140 Proposal Statement

ATT 2: ZPE22-0140 Site Plan

ATT 3: ZPE22-0140 Grant Deed of Agricultural Easement and Covenant

Related Items “On File” with the Clerk of the Board:

Not Applicable