HomeMy WebLinkAboutMINUTES - 05122009 - C.56RECOMMENDATION(S):
1. ADOPT Resolution No. 2009/93 Rescinding the existing Land Conservation Contract No.
13-77 as to the parcel commonly identified as APN 001-041-060.
2. DIRECT the Department of Conservation & Development to record the above resolution
with the County Recorder and to forward copies of this resolution to the California
Department of Conservation and the Office of the County Assessor.
3. DETERMINE that the proposed actions are categorically exempt from the California
Environmental Quality Act (CEQA Regs, Section 15317, Class 17).
4. DIRECT the Department of Conservation & Development to file a Notice of Exemption
under CEQA with the County Clerk.
FISCAL IMPACT:
None, the applicant is responsible for all application processing costs.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 05/12/2009 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Susan A. Bonilla, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: John Oborne,
925-335-1207
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: May 12, 2009
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: EMY L. SHARP, Deputy
cc: CAO, County Counsel, CA Dept. of Conservation, Assessor, Owner/JoAnn Caspar, Department of Conservation & Development
C.56
To:Board of Supervisors
From:Catherine Kutsuris, Conservation & Development Director
Date:May 12, 2009
Contra
Costa
County
Subject:Rescind Existing Land Conservation Contract No. 13-77, Caspar, Owner
BACKGROUND:
Jo Ann G. Caspar, as Trustee for Caspar Marital Trust Dated December 15, 1986
("Owner"), owns property commonly known as APN 001-041-060, described in Exhibit
A, which is attached to this report. The owner proposes to RESCIND existing Land
Conservation Contract No. 13-77 on her property only and has applied to place her
property into a new Land Conservation Contract.
The Caspar property is located in Agricultural Preserve No 13-77, established on
February 8, 1977, by Board Resolution No. 77/130. The property is currently restricted
under Land Conservation Contract No. 13-77, also approved on February 8, 1977 by
Resolution No. 77/130 between the County and Leroy and Rhoda Simonich.
The Williamson Act program (Government Code, Sections 51200 et. seq.), through Land
Conservation Contracts, restricts land uses and structures on property under contract. The
Williamson Act provides for a process to rescind an existing contract and enter into a
new contract by mutual agreement between the parties provided that the new contract
remains consistent with the intent and purpose of the Williamson Act.
Owner intends to continue agricultural uses on the property, but requests her own
separate contract that allows for the establishment of a single-family residence and a
5,000 square foot building for the storage of agricultural equipment. Owner desires to
rescind the existing Land Conservation Contract No. 13-77 only for her property for the
purpose of entering into a new Land Conservation Contract.
The new residence and agricultural building would be incidental to the primary
agricultural use of the property, would not conflict with ongoing agricultural uses, and
thus are consistent with the intent and purpose of the Williamson Act and the County
Code (Chapter 84-42 and Chapters 810-2 through 810-4).
ATTACHMENTS
Resolution No. 2009/93
Exhibit A - Legal Description