To: Board of Supervisors
Department or Agency Name(s): Permit Sonoma
Staff Name and Phone Number: Jacob A. Sedgley, (707) 565-1931
Vote Requirement: Majority
Supervisorial District(s): 4th
Title:
Title
File No. LLA23-0027 Stuhlmuller Vineyard Properties LLC Lot Line Adjustment, located at 4561, 4949, 4951, 4957, 5520, and 5532, West Soda Rock Lane, Healdsburg; APN 088-040-021, 088-060-014, and 088-040-032.
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Recommended Action:
Recommended action
Adopt a Resolution approving a Lot Line Adjustment between 3 parcels, 2 of which have existing Williamson Act contracts, subject to Conditions of Approval, resulting in three reconfigured parcels, one of which will be subject to a Land Conservation Act Contract with no change in the amount of acreage under contract, at 4561, 4949, 4951, 4957, 5520, and 5532, West Soda Rock Lane, Healdsburg; APN 088-040-021, 088-060-014, and 088-040-032. (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 between 3 legal parcels to create 3 parcels at 36.26 +/- acres (Lot A), 135.94 +/- acres (Lot B), and 148.66 +/- acres (Lot C) in size, with conditions requiring that two existing Land Conservation (Williamson) Act Contracts are rescinded and replaced with one contract on Lot A, with no change in the amount of or location of acreage under contract. 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 all of the required findings for Land Conservation Act Requirements. Approval will act to enhance the agricultural operations and management of the lands, as noted in the attached resolution.
Discussion:
Stuhlmuller Vineyard Properties LLC seeks approval of a Lot Line Adjustment between 3 parcels (refer to Lot Line Adjustment Site Plan under Attachment 5). The legal parcels are identified as APN 088-040-021, 088-060-014, and 088-040-032. The current lot sizes are: 14.08 +/- acres (Lot A - under contract currently), 22.18 +/- acres (Lot B - under contract currently), and 284.6 +/- acres (Lot C). The Lot Line Adjustment will result in the following lot sizes: 36.26 +/- acres (Lot A - proposed for a replacement contract), 135.94 +/- acres (Lot B), and 148.66 +/- acres (Lot C). The purpose of the Lot Line Adjustment is to adjust the boundaries for best land use practices and better management of the overall estate properties.
Site Characteristics:
The affected parcels are approximately four miles east of the City of Healdsburg at the southernmost end of the Alexander Valley, and directly west of the Russian River. Lot A (APN 088-040-021) is zoned LIA B6 20 Z, VOH, and is currently undeveloped and is planted with approximately 11.2-acres of vineyard. The parcel is currently under a Land Conservation Contract on prime agricultural land (see Document No. 1972057750). Lot B (APN 088-040-032) is zoned LIA B6 20 Z, VOH, and is currently developed with a winery, a single-family dwelling, an agricultural employee dwelling, and is planted with approximately 16 acres of vineyard. The parcel is currently under a Land Conservation Contract on prime agricultural land (see Document No. 2009086558). These lots will be combined into resulting lot A, which will obtain a single replacement Land Conservation Contract.
Lot C (APN 088-060-014) is split zoned, containing approximately 30.9 +/- acres of LIA B6 20 base zoning, with the remaining 253.7 acres in the LIA B6 60 base zone district. The parcel is currently developed with a single-family dwelling, accessory structures associated with estate operations including two barn structures, a 2.73-acre irrigation pond, a tennis court, and approximately 95 acres of vineyard. Lot C is not currently under a Land Conservation Contract, and none of the land associated with the existing parcel is proposed to go into contract as part of this application.
After the lot line adjustment, former lot A and B will be combined and the resulting Lot A will become a 36.26-acre parcel containing a single-family dwelling, the agricultural employee dwelling, the winery, and approximately 27.2 acres of vineyard. Lot A will also become the only parcel under Land Conservation Contract.
Former Lot C will be reconfigured into 2 parcels. Resulting Lot B will contain the 2.73-acre irrigation pond, as well as approximately 95 acres of vineyard and no structures. Lot B is not proposed to be placed under a Land Conservation Contract. Resulting Lot B would contain the split zoned portion of land; however, 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, eliminating the LIA 20 General Plan designation and LIA B6 20 designations on that portion of the land and resulting in the entirety of the parcel containing the LIA 60 General Plan designation and LIA B6 60 base zoning.
Resulting Lot C will contain a single-family dwelling unit, accessory structures associated with estate operations including two barn structures, the tennis court, and approximately 10 acres of vineyard. Lot C is not proposed to be placed under a Land Conservation Contract.
Background
LLA06-0008 (Approved)
LLA06-0008 proposed to reconfigure three parcels of 37.88, 18.31, and 8.0 acres resulting in three parcels of 37.15, 22.99, and 4.05 acres. Created current extent of APN 088-040-032 (existing Lot B). At its regularly scheduled meeting on June 21, 2007, the Planning Commission, with a 4-1 vote, denied without prejudice the request. On July 2, 2007, an appeal of the decision was filed with the Board of Supervisors by Mr. Stuhlmuller. After the appeal was filed, the applicant amended the project to a two-parcel Lot Line Adjustment that removes 3.87 acres from the 8-acre and adds it to the 18.3-acre, resulting in a 4.13-acre parcel (existing APN 088-050-018, not a part of this Lot Line Adjustment) and a 22.18-acre parcel (existing APN 088-040-032, existing Lot B of this Lot Line Adjustment). On December 4th, 2007, in a 5-0 vote, the Board of Supervisors adopted Resolution No. 07-1008 upholding the appeal by Roger Stuhlmuller and granting the request for a lot line adjustment as revised.
PLP08-0005 including GPA08-0001, ZCE08-0001 (Approved)
Condition No. 4 of LLA06-0008 required that, prior to the recordation of grant deeds, applications be submitted for a General Plan Amendment and Zone Change, the purpose of which was to eliminate split zoning for the resulting 22.18-acres parcel. The request for a General Plan Amendment from DA (Diverse Agriculture), 10 acre density to LIA (Land Intensive Agriculture), 20 acre density land use designation and for a Zone Change from DA (Diverse Agriculture), B6-10 acre density, Z (Second Dwelling Unit Exclusion), VOH (Valley Oak Habitat) to LIA (Land Intensive Agriculture), B6-20 acre density, Z, VOH zoning district, was approved by the Board of Supervisors on December 8th, 2009 (see Resolution No. 09-1161).
AGP09-0042 (Approved, later withdrawn)
On December 15th, 2009, the Board of Supervisors approved a request by Roger Stuhlmuller granting a modification of an existing Agricultural Preserve (1-361-72) by expanding it 279.88 acres and authorizing the Chair of the Board of Supervisors to establish a new Type I (Prime) Williamson Act Contract on the 279.88 acres (see Resolution No. 09-1199). While the acreage differs slightly, the parcel proposed to be added to the expansion area and placed under contract is the same as the existing Lot C (currently APN 088-060-014) proposed to be adjusted as part of the current application. The expansion of the Agricultural Preserve was subsequently recorded on January 8th, 2010, and still exists today (see Document No. 2010001567). However, a request was received from Roger Stuhlmuller requesting to withdraw the application. As such, a Type I (Prime) Williamson Act Contract was never recorded for the parcel.
PLP14-0006 (Approved)
PLP14-0006 included a Minor Subdivision of 39 +/- acres resulting in three parcels; +/- 14, 10 and 15 acres in size, and a Lot Line Adjustment between three parcels, +/- 10, 15 and 280 acres in size resulting in three parcels, +/- 10, 17 and a designated remainder approximately 277 acres in size. The resulting designated remainder is currently APN 088-060-014 (existing Lot C) and is a part of the lot line adjustment being considered. PLP14-0006 was approved with conditions by the Project Review Advisory Committee (PRAC) on September 18th, 2014.
PLP20-0034 (Withdrawn)
PLP20-0034 included proposal for rescinding and replacing a Williamson Act Contract to add 27 acres to the existing 36-acre agricultural preserve (AGP20-0022), a General Plan Amendment (GPA20-0016), a Major Lot Line Adjustment (LLA20-0044), a Major Subdivision (MJS20-0002), and a zone change (ZCE20-0021). The project was ultimately withdrawn by the applicant on January 6th, 2022, and County records do not indicate the reason for withdrawal. The proposal included all three of the parcels included in the current lot line adjustment application, plus one other adjacent parcel, and would have resulted in a total of seven new parcels.
Land Conservation Act:
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 parcels 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 each parcel individually meets the requirements for a contract as both currently under contract will continue to be devoted to agriculture with at least 50% of the resulting parcel planted in vineyard. Staff has determined the Lot Line Adjustment can meet all of the required findings as described in the attached Resolution.
Two of the three lots are currently under separate Prime (Type I) Land Conservation Act Contracts. To facilitate a Lot Line Adjustment, Government Code Section 51257 permits the contracting parties to rescind the existing contract and simultaneously enter new contracts if the required findings can be made. 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. APN 088-060-014 (existing Lot C) is not currently subject to a Land Conservation Contract and is not proposed to be under entered into the new contract.
Staff Recommendation:
Staff recommends the Board approve the request because all the state and local requirements for the Lot Line Adjustment can be met.
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
Not applicable.
Narrative Explanation of Fiscal Impacts:
None. The applicant pays for the costs of processing the application. The required rescind and replace of the Land Conservation Contract(s) will not result in any additional land under contract and therefore will not result in any additional fiscal impacts. There will be no new fiscal impacts as a result of this action.
Narrative Explanation of Staffing Impacts (If Required):
Not applicable.
Attachments:
Att 1 Draft Board of Supervisors Resolution
Att 2 Conditions of Approval
Att 3 Proposal Statement prepared by Ray Carlson and Associates, Inc.
Att 4 Assessor’s Parcel Maps
Att 5 Lot Line Adjustment Site Plan
Related Items “On File” with the Clerk of the Board:
Not Applicable