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LUC Memo - September 9, 2024

Riverside City Council
October 22, 2024

Document
LUC Memo - September 9, 2024
Meeting
October 22, 2024
Body
Riverside City Council
Original file
7.0 MB
Text extracted from the city's file for reading and search. Open the original on riversideca.legistar1.com. That file is the official record.

Land Use Committee

TO: LAND USE COMMITTEE MEMBERS DATE: SEPTEMBER 9, 2024

FROM: COMMUNITY & ECONOMIC DEVELOPMENT WARD: 4

DEPARTMENT

SUBJECT: REVIEW THE DIMINISHMENT OF AGRICULTURAL PRESERVE NO. 3 AND THE

CANCELLATION OF A WILLIAMSON ACT LAND CONSERVATION CONTRACT FOR MAP NO. 52 TO FACILITATE THE FUTURE CONSTRUCTION OF A SINGLE-FAMILY RESIDENCE ON AN APPROXIMATELY 0.91-ACRE PARCEL

LOCATED AT THE NORTHEAST CORNER OF LURIN AVENUE AND OBSIDIAN DRIVE

ISSUE:

For the Land Use Committee to: 1) Review the diminishment of Agricultural Preserve No. 3 (Assessor Parcel Number 266-090-021); and 2) the cancellation of Williamson Act Land Conservation Contract for Map No. 52 , to facilitate the future construction of a single -family residence on a 0.91-acre parcel located on the north side of the intersection of Lurin Avenue and Obsidian Drive.

RECOMMENDATIONS:

That the Land Use Committee:

1. Review and direct staff to prepare a report regarding the Agricultural Preserve Diminishment and cancellation of a Williamson Act Land Conservation Contract for City Council’s determination;

2. Recommend that the City Council approve a resolution to diminis h Agriculture Preserve No. 3; and

3. Recommend that the City Council approve a resolution to cancel a Williamson Act Land Conservation Contract for Map No. 52

BACKGROUND:

Legislative History

The California Land Conservation Act of 1965, commonly referred to as the Williamson Act, enables local governments to administer contracts with private landowners for the purpose of restricting specific parcels of land to agricultural uses. In return, lan downers receive property tax Williamson Act Contract Cancellation/Agricultural Preserve No. 3 Diminishment ● Page 2 assessments which are typically lower because the tax assessments are based upon agricultural uses as opposed to full potential market value.

An agricultural preserve is a defined area within which a city or county enters into contracts with landowners. Only land located within an agricultural preserve is eligible for a Williamson Act contract. Preserves are regulated by rules and restrictions in an adopted resolution by the jurisdiction to ensure that the land is maintained for agricultural or open space use.

Local History

In 1983, the City Council adopted Resolution No. 14923 creating procedures for the establishment and administration of Agricultural Preserves pursuant to the Conservation Act of 1965. On August 8, 2000, the City Council approved Resolution No. 19740 (Attachment 1) revising the procedures and establishing an Agricultural Preserve Technical Committee (APTAC). The APTAC is comprised of the Land Use Committee and the Planning Director (C ommunity & Economic Development Director). The APTAC’s function is to review each agricultural preserve application and/or diminishment and prepare a report regarding the application for the City Council.

Site Background

The 0.91-acre vacant parcel (APN 266-090-021) is bounded by Lurin Avenue on the south and Woodcrest Lane on the north and is generally situated on the northeast corner of the intersection of Lurin Avenue and Obsidian Drive. The parcel is surrounded by single family residences on the north, east, and west and single-family residences and city owned property (Parks and Recreation) to the south (across Lurin Avenue) (Attachment 2 and 3).

Under the jurisdiction of the County of Riverside, on January 1, 1970, the property owner entered into a Williamson Act Land Conservation Contract (“Contract”), Instrument Number 19065 (Attachment 4), which was recorded with the County of Riverside. The Contract was for a 10-acre property that included the subject 0.91 -acre parcel. The subject property previously had a horse barn that was demolished in the 1990’s

On May 6, 2008, the property was annexed into the City as part of Annexation 107. The property was also placed in the LDR – Low Density Residential General Plan Land Use Designation (Attachment 5). The property was incorporated into the Orangecrest Specific Plan and the project site was located in Planning Area 107 -C, which assigned a zoning classification of OSP-RA – Orangecrest Specific Plan -Residential Agricultural Zone (Attachment 6). The Orangecrest Specific Plan indicated that this parcel would be restricted to agricultural uses until such time the Contract is cancelled and Woodcrest Agricultural Preserve No. 3 is diminished, then the property’s zoning can be converted to R-1-13000 Single-Family Residential Zone.

On February 2, 202 4, the City was served a Notice of Nonrenewal and Cancellation by the property owner for the Contract which was recorded March 1, 2024 (Instrument No. 2024 - 0057611) (Attachment 9).

Benefit to the Community

Diminishment of Agricultural Preserve No. 3 and Cancellation of the Williamson Act Contract on the site will facilitate the development of housing. As expressed by the Governor of California and the State Legislature, California is facing a housing crisis with production being a priority. Available housing is of vital statewide and City importance. The Property is not classified as Important Farmland and has not been devoted to agricultu ral uses since approximately the early 1980’s .

Williamson Act Contract Cancellation/Agricultural Preserve No. 3 Diminishment ● Page 3 The Property is, therefore, not fulfilling the objectives of the Land Conservation Act of 1965 .

Additionally, the subject site is located in an urban area where the adjacent properties are not within an Agricultural Preserve or in a Williamson Act Contract . The subject site is a remnant parcel of an Agricultural Preserve and Williamson Act Contract that had encompassed a larger area at one point.

DISCUSSION:

The property is located within Woodcrest Agricultural Preserve No. 3 and is subject to a Williamson Act Land Conservation Contract. The Orangecrest Specific Plan provides that once the Contract is cancelled and the Agriculture Preserve is diminished on the property, the property can be developed consistent with the R-1-13000 Single-Family Residential Zone development standards.

Diminishment of Agricultural Preserve No. 3

The total acreage of Agricultural Preserve No. 3 has diminished over time to less than 100 acres and the remaining parcels in Agricultural Preserve No.3 are no longer contiguous as required by the Land Conservation Act of 1965. Upon diminishment of the Agricultural Preserve on this parcel, Agricultural Preserve No. 3 would reduce to 2.5 acres. Diminishment of the agricultural preserve on the subject parcel would not significantly impact the preserve’s viability as a protected area because the subject parcel has not been used for agricultural uses since the early 1980’ s. The property owner plans to develop the site with a single-family residence and an Accessory Dwelling Unit, in compliance with the Orangecrest Specific plan and consistent with the developmen t pattern of the area.

Williamson Act Contract Cancellation

Pursuant to Government Code Section 52182, the City Council may grant Tentative Cancellation of a Williamson Act Land Conservation Contract if they are able to make specific findings. The following findings, or facts, have been identified to justify the cancellation of the Contract on the Property:

1) A Notice of Nonrenewal was served to the City and was recorded on March 1, 2024 (Instrument No. 2024-0057611) for the cancellation;
2) The cancellation will not result in the removal of adjacent lands from agricultural use as the subject site is surrounded by single family residences to the north, east, and west and single-family residences and a future City Park to the south; 3) The cancellation will facilitate an alternate use of single -family residential which is consistent with the provisions of the Low Density Residential General Plan Land Use designation;
4) The cancellation will not result in discontinuous patterns of urban dev elopment as it is surrounded by single-family residences; and
5) There is no proximate noncontracted land which is both available and suitable for use to which it is proposed the contracted land be put, or, that development of the contracted land would provid e more contiguous patterns of urban development than development of proximate noncontracted land. The subject site is the last parcel of the last of the original 10-acre Williamson Act Contract. It is surrounded by residential development and cancellation of the contract would facilitate the development of a single -family residence which provides for a more compatible land use pattern.

Williamson Act Contract Cancellation/Agricultural Preserve No. 3 Diminishment ● Page 4

STRATEGIC PLAN ALIGNMENT:

The actions undertaken for the Agricultural Preserve Diminishment and the Williamson Act Contract cancellation contributes to the following Strategic Priority and Goal from the Envision Riverside 2025 Strategic Plan:

Priority 2. Community Well Being – Goal 2.1- Facilitate the development of a quality and diverse housing supply that is available and affordable to a wide range of income levels.

1. Community Trust –– The proposed project aligns with the Community Trust Cross-Cutting Thread as the associated development proposal will be considered at the Land Use Committee and future City Council meeting.

2. Equity – Transitioning the Property out of its long-time unproductive status to allow housing benefits the community by increasing access to much needed housing for Riverside residents.

3. Innovation –The Williamson Act Cancellation and Agricultural Preserve Diminishment on fallow agriculturally zoned land which has not been productive since 1993 provides for housing to meet the community’s needs for housing.

4. Fiscal Responsibility – All project costs are borne by the property owner. Cancelling the Williamson Act and removal of the Agricultural Preserve enables the City to realize additional revenue from increased property taxes upon completion of a single -family residence.

5. Sustainability & Resiliency – The proposed project will result in the development of vacant, unproductive land into a single-family house that will meet the most up -to-date building Codes.

FISCAL IMPACT:

All project costs are borne by the property owner. Removal of the property from a Williamson Act Contract and Agricultural Preserve enables the City to realize additional revenue from increased property taxes upon completion of the single-family residence.

Prepared by: Judy Egüez, Senior Planner
Approved by: Jennifer A. Lilley, Community & Economic Development Director Certified as to
availability of funds: Kristie Thomas, Finance Director/Assistant Chief Financial Officer Approved by: Rafael Guzman, Assistant City Manager
Approved as to form: Phaedra A. Norton, City Attorney

Williamson Act Contract Cancellation/Agricultural Preserve No. 3 Diminishment ● Page 5

Attachments:

1. Resolution No. 19740 – Agricultural Preserve Procedures

2. Location Map

3. Site photos

4. Conservation Contract

5. General Plan Map

6. Specific Plan

7. Agricultural Preserve Map

8. Williamson Act Map

9. Notice of Nonrenewal

10. Site Plan

11. Presentation
1 RESOLUTION NO. 19740

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERSIDE, CALIFORNIA, REPEALING RESOLUTION NO. 14923 AND ALL AMENDMENTS

THERETO AND ESTABLISHING A NEW RESOLUTION ADOPTING RULES FOR

THE ESTABLISHMENT AND ADMINISTRATION OF AGRICULTURAL

PRESERVES PURSUANT TO THE CALIFORNIA LAND CONSERVATION ACT OF 1965 ( THE WILLIAMSON ACT)
2 3
4 5
6 WHEREAS, the City Council of the City of Riverside, (" City") and its Department of 7 Planning desires to adopt rules for the establishment and administration of agricultural preserves 8 pursuant to the California Land Conservation Act of 1965 ( the Williamson Act) and which are 9 implemented by proper utilization of the established Agricultural Preserve Technical Advisory 10 Committee and the Planning Commission; and
11 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Riverside, 12 California, as follows:
13 Section 1 : All agricultural preserves shall be established and administered pursuant to the 14 California Land Conservation Act of 1965 ( The Williamson Act), Chapter 7 of Part 1 of Division I 15 of Title 5 of the California Government Code commencing with Section 51200, as now enacted or 16 hereafter amended and pursuant to the following rules which shall apply to all agricultural preserves 17 now or hereafter established.
18 Section 2 : Any land owner, land owner' s representativeor the City Council may make 19 application to establish, disestablish, enlarge or diminish an agricultural preserve. 20 Section 3 : Application to establish, disestablish, enlarge or diminish an agricultural 21 preserve shall be made on forms designated for such purpose by the Planning Director and shall be 22 submitted to the PlanningDepartment.
23 Section 4 : The fee fOf each agriculturalpreserve applicationshall be established by 24 resolution of the City Council.
25 Section 5 : There shall be an Agricultural Preserve Technical Advisory Committee which 26 shall be comprised of the Planning Director, or his or her designee and those persons appointed by 27 the City Council to serve as members of the City of Riverside' s Land Use Committee.

City Attorney' s Office
3900 Main Street
Riverside, CA 92522
909) 782- 5567
I The function of the Agricultural Preserve Technical Advisory Committee is to review 2 each agricultural preserve application and to prepare a report regarding the application for the City 3 Council.
4 Section 6 : After submission of a completeagricultural preserve application to the 5 Planning Department, the application shall be referred to the Technical Advisory Committee for 6 review and report followed by a public hearing before the City Council. When an environmental 7 assessment is required by the California Environmental Quality Act, the application shall also be 8 referred to the Planning Commission. Notice of the public hearing shall be provided as required by 9 the California Land Conservation Act of 1965 ( the Williamson Act) and the public hearing shall be 10 scheduled within 60 days after submittal of a complete application. 11 Section 7 : The Planning Director shall prepare a report for consideration by the City 12 Council at the public hearing. The report shall include the report of the Agricultural Preserve 13 Technical Advisory Committee and the report of the Planning Commission when required. 14 Section 8 : After the public hearing, the City Council may by resolution establish, 15 disestablish, enlarge or diminish an agricultural preserve. 16 Section 9 : All uses permitted in the Residential Agricultural Zone are hereby determined 17 to be agricultural and/ or compatible uses within an agricultural preserve. 18 Section 10 : An agricultural preserve shall consist of no less than 100 acres, provided, 19 however, that the City Council may establish agricultural preserves of less than 100 acres if it finds 20 that smaller preserves are necessary due to the unique characteristics of the agricultural enterprises 21 in the area and that the establishment of preserves of less than 100 acres is consistent with the 22 General Plan.
23 Section 11 : Land which located within an agricultural preserve and which meets the 24 requirementsof the California Land Conservation Act of 1965 ( the Williamson Act) is eligible to be 25 the subjectof a Land Conservation Contract between the landowner and the City of Riverside. 26 Application to enter into a contract with the City shall be made on forms designatedfor such 27 purpose by the Planning Director and shall be submitted to the Planning Department. The fee for a City Attorney' s Office
3900 Main Street
Riverside, CA 92522
909) 782- 5567
1 Land Conservation Contract application shall be established by resolution of the City Council. 2 Section 12 : Resolution No. 14923 and all amendments thereto are hereby repealed as of 3 the date of the adoption of this resolution.

Section 13 : The provisions of this resolution shall be operative on the date of its4 5 adoption.
6 7 this 8th
8 9
10 Attest:
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk day of August, 2000.

City Attorney' s Office
3900 Main Street
Riverside, CA 92522
909) 782- 5567
1 I, Colleen 1. Nicol, City Clerk ofthe City of Riverside, California, herebycertify that the 2 foregoing resolution was duly and regularly introduced and adopted at a meeting of the City Council 3 of said City at its meeting held on the 8th day of August, 2000 by the following 4 vote, to wit:
5 6
Ayes: Councilmembers Beaty, Moore, Kane, Adkison and Pearson. 7 8
9 Noes: None.

Absent: Councilmembers Defenbaugh and Thompson.

IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the 10 City of Riverside, California, this 8th day of August, 2000. 11 12
13 RES\ 00112603.JT
07/ 31/00
14 JET
15 16
17 18
19 20
21 22
23 24
25 26
27 City Attorney' s Office
3900 Main Street
Riverside, CA 92522
909) 782- 5567
PR-2022-001278
Exhibit 2 - Location Map N

LURIN AVE

WOOD RD

KRAMERIA AVE

MARIPOSA AVE

NEWBRIDGE D
R

CHATFIELD DR

DARBY CT KENTFIELD CT

LEMONWOOD LN

OBSIDIAN DR

YELLOW ROSE CT

LAS BRISAS DR

ROSE GARDEN PL

MCDOWELL RD

ORLEANS LN

TURNBRIDGE LN

DOVING LN

PARADISE PL WOODCREST LN

TAFT ST
0 250 500
Feet
Project Site
City Limits
Parcels
Project Site
View of the existing site looking north from Lurin Avneu View looking east on Lurin Avenue
PR-2022-001278 (AG) Attachment 3 - Existing Site Photos View of the site looking south from Woodcrest Lane
View of the site looking east on Woodcrest Lane
PR-2022-001278 (AG) Attachment 3 - Existing Site Photos PR-2022-001278 (AG) Attachment 4- Conservation Contract PR-2022-001278 (AG) Attachment 4- Conservation Contract PR-2022-001278 (AG) Attachment 4- Conservation Contract N
PR-2022-001278
Exhibit 5 - General Plan Map

LOUM CT

NEWBRID
G
EDR

CHATFIELD DR WOOD RD

LURIN AVE

KRAMERIA AVE

DARBY CT

LEMONWOOD LN

OBSIDIAN DR

TAFT ST

LAS BRISAS DR

ORLEANS LN

MCDOWELL RD

SAGEBRUSH ST

TURNBRIDGE LN
NANZA
SANTOL

PARADISE

DOVING LN

PARADISE PL WOODCREST LN
MDR
LDR
LDR
MDR
LDR
VLDR
LDR P
VLDR 0 250 500
Feet
Project Site: LDR - Low Density Residential
VLDR - Very Low Density Residential
P - Public Park
MDR - Medium Density Residential
LDR - Low Density Residential
General Plan Designations
Parcels
Project Site
N
PR-2022-001278
Exhibit 6 - Zoning Map
R-1-10500-SP OSP-RA-SP
R-1-13000-SP
R-1-13000-SP
R-1-8500-SP

OSP-RA-SP
RE-SP
R-1-1/2
Acre-SP
R-1-10500-SP
R-1-7000-SP
RE-SP
R-1-1/2
Acre-SP
RE-SP

KRAMERIA AVE

MONDRAIN LN

PARK MOUNTAIN
BON
SAI
LN

HONEYBERRY LN

NANZA ST

LOUM CT

NEWBRID
G
EDR

WOOD RD

CHATFIELD DR

LURIN AVE

CAMOU CT

SEPIA CTCANAMERO CT

PICCHU CT

ZAHA RD

DARBY CT

HAMPSTEAD CTKENTFIELD CT

LEMONWOOD LN

OBSIDIAN DR

TAFT ST

PICCCHU CT

YELLOW ROSE CT

LAS BRISAS DR ROSE GARDEN PL

ORLEANS LN

MCDOWELL RD

SAGEBRUSH ST

ADORA CT
B

TURNBRIDGE LN
NANZA
SANTOL

PARADISE

DOVING LN

PARADISE PL WOODCREST LN
Current Zoning: OSP-RA-SP - Orangecrest Specific Plan Residential Agricultural SP Overlay Zone
Zoning upon diminishment of Agricultural Preserve and cancellation of Williamson Act Contract: R-1-13000-SP - Single Family and SP Overlay Zone. 0 250 500
Feet
RE - Residential Estate
R-1-8500 - Single Family Residential
R-1-7000 - Single Family Residential
R-1-13000 - Single Family Residential
R-1-10500 - Single Family Residential
R-1-1/2 Acre - Single Family Residential
OSP-RA - Orangecrest SP - Residential Agricultural
Zoning Designations
Parcels
Project Site
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N
ew
br
idg
e
Dr
Granit e Av e
So
bran
ite
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Ob
sidian
Dr
New
bridg
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Mission Ranch
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Kr ameria Ave
Brid gewater Ln
Alde rb rook D r
Mark Twain
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School
Woo
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Lurin Av e
Doving Ln
M
is
sion Ranch Rd
Parsons Rd
Tuco
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Mariposa Ave
Gran ite Ave
Dant St
Wood crest Ln
Mark Twain
Elementary
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Ta roc co Ln
Cole
Av
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Country Rose Dr
Mark Twain
Elementary
School
3 7
7 77
3 PR-2022-001278
Exhibit 7 - Agricultural Preserve Map
Project Site
0 500 1,000
Feet
City Limits
Parcels
Agricultural Preserve
Project Site
Key
N
Key
N
ew
br
idg
e
Dr
Granit e Ave
So
branite A
ve
Obsid
ia
n
Dr
New
bridg
e
Dr
Mission Ranch
Site
Kr am eria Ave
Wo
od Rd
Brid gewater Ln
Caledonia Dr
Alde rbrook D r
Mark Twain
Elementary
School
Woo
d Rd
Lurin Av e
Doving Ln
M
is
sion Ranch Rd
Parsons Rd
Tuco
Ln
Mariposa Av e
Granite Ave
Dant StWood crest Ln
Mark Twain
Elementary
School
Co
le
Ave
Loqu
at
Dr
Ta roc co Ln
Cole
Av
e
Country Rose Dr
Mark Twain
Elementary
School
Project Site
PR-2022-001278
Exhibit 8 - Williamson Act Contract Map
0 250 500
Feet
Parcels
City Boundary
Williamson Act Contract Area
Project Site
PR-2022-001278 (AG) Attachment 9 - Notice of Non-renewal PR-2022-001278 (AG) Attachment 9 - Notice of Non-renewal PR-2022-001278 (AG) Attachment 9 - Notice of Non-renewal PR-2022-001278 (AG) Attachment 9 - Notice of Non-renewal ,QD0Q

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PR-2022-001278 (AG) Attachment 10 - Alternative Use Plans 8/28/2024
1 RiversideCA.gov
1 WILLIAMSON ACT CANCELLATION AND

DIMINISHMENT OF
AGRICULTURAL PRESERVE NO. 3
Land Use Committee
September 9, 2024
Community & Economic Development Department
RiversideCA.gov
2 BACKGROUND
Legislative History
•The California Land Conservation Act of 1965 (Williamson Act)
•Agricultural Preserve
Local History
•1983 Procedures adopted by City Council
•2000 procedures revised establishing the Agricultural
Preserve Technical Committee (APTAC)
1 2
8/28/2024
2 RiversideCA.gov
3 PROJECT LOCATION
RiversideCA.gov
4 SITE PHOTOS
1 2
3 4
3 4
8/28/2024
3 RiversideCA.gov
5 ORANGECREST SPECIFIC PLAN MAP
RiversideCA.gov
6 AGRICULTURAL PRESERVE NO. 3
5 6
8/28/2024
4 RiversideCA.gov
7 WILLIAMSON ACT CONTRACT
RiversideCA.gov
8 SITE PLAN
7 8
08/29/2024
5 RiversideCA.gov
9 NEXT STEPS
Land Use Committee
Recommendation
•September 9, 2024
City Council
Determination
•October 22, 2024
RiversideCA.gov
10 Strategic Priority 2 – Community Well Being
Goal 2.1 – Facilitate the development of a quality and diverse housing supply that is available and affordable to a wide range of income levels.

Cross-Cutting Threads

STRATEGIC PLAN ALIGNMENT
9 10
8/28/2024
6 RiversideCA.gov
11 1. REVIEW and DIRECT staff to prepare a report regarding the Agricultural Preserve Diminishment and cancellation of a Williamson Act Contract for City Council’s determination;

2. RECOMMEND the City Council approve a Resolution to
diminish Agriculture Preserve No. 3; and

3. RECOMMEND the City Council approve a Resolution to
diminish a Williamson Act Contract for Map No. 52.

RECOMMENDATIONS
11

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