File #: RES 14-104    Name: Cling
Type: BoS Resolution Status: Passed
File created: 10/15/2014 In control: Board of Supervisors
On agenda: 11/4/2014 Final action: 11/4/2014
Title: Adopt a Resolution to: a. Approve a Lot Line Adjustment between two existing legal lots of record under a Williamson Act contract (FSZ 2014-003) consisting of Parcel 1 (45.9 acres) and Parcel 2 (523.4 acres). The lot line adjustment would result in two (2) parcels: Parcel 1 (385.1 acres) and Parcel 2 (184.2 acres); b. Authorize the Chair to execute a new or amended Land Conservation Contract and/or Farmland Security Zone Contract or Contracts as applicable in order to rescind the existing Land Conservation Contract and/or Farmland Security Zone Contract as applicable to the reconfigured lots only and simultaneously execute a new or amended Land Conservation and/or Farmland Security Zone Contract for the reconfigured lots between the County and the Property Owners of Record, reflecting the new legal descriptions, current ownership interests, and to incorporate any legislative changes to State Williamson Act provisions and current County Williamson Act Policies or Procedures; and c....
Attachments: 1. Board Report, 2. Attachment A - Discussion, 3. Attachment B - Proposed Board Resolution, 4. Attachment C - Recommended Conditions of Approval, 5. Attachment D - Vicinity Map, 6. Attachment E - Proposed LLA Survey Map, 7. Attachment F - Williamson Act Contract, 8. Completed Board Order & Resolution
Title
Adopt a Resolution to:
a. Approve a Lot Line Adjustment between two existing legal lots of record under a Williamson Act contract (FSZ 2014-003) consisting of Parcel 1 (45.9 acres) and Parcel 2 (523.4 acres). The lot line adjustment would result in two (2) parcels: Parcel 1 (385.1 acres) and Parcel 2 (184.2 acres);
b. Authorize the Chair to execute a new or amended Land Conservation Contract and/or Farmland Security Zone Contract or Contracts as applicable in order to rescind the existing Land Conservation Contract and/or Farmland Security Zone Contract  as applicable to the reconfigured lots only and simultaneously execute a new or amended Land Conservation and/or Farmland Security Zone Contract for the reconfigured lots between the County and  the Property Owners of Record, reflecting the new legal descriptions, current ownership interests, and to incorporate any legislative changes to State Williamson Act provisions and current County Williamson Act Policies or Procedures; and
c. Direct the Clerk of the Board to record the new or amended Contract or Contracts concurrently with the recordation of the Certificates of Compliance for the reconfigured Williamson Act parcels.
(Lot Line Adjustment - PLN140327/Cling, located near the intersection of US Highway 101 and Arroyo Seco Road, Soledad, Central Salinas Valley Area Plan)
 
Report
PROJECT INFORMATION:
Planning File Number: PLN140327
Owner: Michael D. Cling, Trustee of the Hitchcock Children's Trust #1 UTA Dated January 11, 2011 and David L. Gill and Susan Gill, Trustees of the David and Susan Gill Family Trust established 1/26/1983, as Amended
Project Location: Near the intersection of US Highway 101 and Arroyo Seco Road, Soledad
APN:  183-011-014-000 and 257-101-014-000
Agent: Michael D. Cling, Esq.
Plan Area: Central Salinas Valley Area Plan
Flagged and Staked: No
CEQA Action: Categorically Exempt per Section 15305(a)
 
RECOMMENDATION:
It is recommended that the Board of Supervisors adopt a Resolution to:
a.        Approve a Lot Line Adjustment between two existing legal lots of record under a Williamson Act contract (FSZ 2014-003) consisting of Parcel 1 (45.9 acres) and Parcel 2 (523.4 acres). The lot line adjustment would result in two (2) parcels: Parcel 1 (385.1 acres) and Parcel 2 (184.2 acres);
b.        Authorize the Chair to execute a new or amended Land Conservation Contract and/or Farmland Security Zone Contract or Contracts as applicable in order to rescind the existing Land Conservation Contract and/or Farmland Security Zone Contract  as applicable to the reconfigured lots only and simultaneously execute a new or amended Land Conservation and/or Farmland Security Zone Contract for the reconfigured lots between the County and  the Property Owners of Record, reflecting the new legal descriptions, current ownership interests, and to incorporate any legislative changes to State Williamson Act provisions and current County Williamson Act Policies or Procedures; and
c.       Direct the Clerk of the Board to record the new or amended Contract or Contracts concurrently with the recordation of the Certificates of Compliance for the reconfigured Williamson Act parcels.
 
SUMMARY:
The proposed lot line adjustment entails the transfer of 339.2 acres from Parcel 2 (523.4 acres) to Parcel 1 (45.9 acres), resulting in one 385.1 acre parcel (Parcel 1) and one 184.2 acre parcel (Parcel 2). Both lands are zoned F/40 (Farmlands, 40 acres per unit). Both properties are under Williamson Act contract (FSZ 2014-003), owned by Michael D. Cling, Trustee of the Hitchcock Children's Trust #1 UTA Dated January 11, 2011 and David L. Gill and Susan Gill, Trustees of the David and Susan Gill Family Trust established 1/26/1983, as Amended.
 
A lot line adjustment between two existing legal lots of record is being requested in order to place the 184.2 acre parcel into a Farmland Security Zone Contract. The 385.1 acre parcel will maintain at least 60 acres of productive agricultural and will remain under a Williamson Act Contract.
 
DISCUSSION:
Detailed discussion is provided in Attachment A.
 
OTHER AGENCY INVOLVEMENT:
The following agencies have reviewed the project, have comments, and/or have recommended conditions:
      Environmental Health Bureau
RMA - Public Works
Water Resources Agency
Mission Soledad Rural Fire Protection District
 
FINANCING:
Funding for staff time associated with this project was provided by payment of application fees and is included in the FY14-15 Adopted Budget for RMA - Planning.
 
Prepared by:      Dan Lister, Assistant Planner ext. 6617                                    
Approved by:       Mike Novo, Director, RMA-Planning, ext. 5192
      Carl Holm, Acting Director Resource Management Agency
 
This report was reviewed by John Ford, RMA - Services Manager.
 
cc:      Front Counter Copy; Board of Supervisors (10); John Ford, RMA - Services Manager; Dan Lister, Project Planner; Office of the County Counsel; Michael D. Cling, Esq., Agent; Agricultural Preserve Review Committee - Steve Mason, Gregg MacFarlane, Robert A. Roach, and Mary Grace Perry; The Open Monterey Project; LandWatch; Project File PLN140327
 
The following attachments on file with the Clerk of the Board:
Attachment A      Discussion
Attachment B      Proposed Board Resolution
Attachment C      Recommended Conditions of Approval
Attachment D      Vicinity Map
Attachment E      Proposed Lot Line Adjustment Survey Map
Attachment F      Williamson Act Contract (FSZ 2014-003)