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Home My WebLink AboutMINUTES - 06092009 - SD.3RECOMMENDATION(S): 1. OPEN a public hearing on a proposal to add APN 011-050-030, a 43-acre parcel located at 19 Hoffman Lane in the Byron area, to existing Agricultural Preserve No. 8-70, and to approve Land Conservation (Williamson Act) Contract #AP08-0003 for APN 011-050-030. 2. CLOSE the public hearing. 3. ADOPT attached Resolution No. 2009/147 adding APN 011-050-030 to existing Agricultural Preserve No. 8-70, and approving Land Conservation Contract No. AP08-0003 with Gerald E. Tennant and Jo Tennant, trustees of the Tennant Living Trust dated May 20, 1994. 4. AUTHORIZE the Chair to execute Land Conservation Contract No. AP 08-0003 with Gerald E. Tennant and Jo Tennant, trustees of the Tennant Living Trust dated May 20, 1994, the owners of APN 011-050-030. 5. DIRECT the Clerk of the Board to record the above resolution with the County Recorder and to forward copies of the resolution to the California Department of Conservation, the APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 06/09/2009 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: June 9, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: CAO, County Counsel, CA Dept. of Conservation, Assessor, LAFCO, Owners, City of Brentwood, Department of Conservation & Development SD. 3 To:Board of Supervisors From:Catherine Kutsuris, Conservation & Development Director Date:June 9, 2009 Contra Costa County Subject:Add APN 011-050-030 to Ag. Preserve No. 8-70 / Approve Land Conservation Contract No. AP08-0003 Office of the County Assessor, and the landowners of AP# 8-70. 6. DETERMINE that the proposed actions are RECOMMENDATION(S): (CONT'D) categorically exempt from the California Environmental Quality Act. (CEQA Regs, Section 15317, Class 17). 7. DIRECT the Department of Conservation and Development to file a Notice of Exemption for CEQA determination on this project. FISCAL IMPACT: None. BACKGROUND: Gerald E. Tennant and Jo Tennant, trustees of the Tennant Living Trust dated May 20, 1994 (Owners), own 43 acres of land at 19 Hoffman Lane, APN 011-050-030 (Property), in the Byron area. They have applied to place the property into an existing Agricultural Preserve No. 8-70 that is adjacent to their property and place their property under a Land Conservation Contract pursuant to the Williamson Act (Government Code Chapter 7, sections 51200 et seq.). The subject property is currently being used for raw crops. Future plans for the property include using the land for an orchard and building a single-family residence with a farm equipment storage building. The proposed Land Conservation Contract would apply to the entire 43 acres. This contract would reflect the agricultural and residential uses and related structures that are intended for the property consistent with the County’s Williamson Act program. The subject property is zoned A-40, Exclusive Agriculture District. The uses allowed in an A-40 District are consistent with the uses allowed in the A-4 Agricultural Preserve District. The subject property meets the Williamson Act lot size requirement in that it is 43 acres of agricultural land (California Government Code, Section 51230.1(a), paragraph 1). In addition, the proposed Land Conservation Contract would restrict uses on the land to those allowed under the contract or those allowed in the A-40 District. Since the Williamson Act requires a minimum of 100 acres to establish a new Agricultural Preserve, the Tennant property, being only 43 acres in size, is not large enough to establish a new Agricultural Preserve. The Williamson Act does, however, provide for land area to be added to an existing Agricultural Preserve when it is contiguous, meets minimum parcel size requirements and is in agricultural use. The Tennant property lies adjacent to existing Agricultural Preserve No. 8-70, which consists of APN’s 011-070-016, 011-070-014, 011-070-015, 011-090-010, 011-070-013 and 011-070-009 and totals 220 acres. Therefore, the addition of the Tennant property to Agricultural Preserve No. 8-70 is consistent with the County’s Williamson Act program. Pursuant to the Williamson Act, the Board of Supervisors must conduct a public hearing on a proposal to enlarge the size of an Agricultural Preserve, and provide notice of this hearing to the Local Agency Formation Commission and to any city within one mile of the affected Agricultural Preserve (Government Code Sections 51231, 51233). Notice of a hearing to add the Tennant property to Agricultural Preserve No. 8-70 has been lawfully given to the landowners within the affected Agricultural Preserve and to the Contra Costa Local Agency Formation Commission. Although more than a mile from the parcel in question, the City of Brentwood received notice of the hearing. Staff recommends that the Board conduct a public hearing as required by the Williamson Act, and determine that the addition of the Tennant property to Agricultural Preserve No. 8-70 is consistent with the requirements and provisions of the Williamson Act. Furthermore, staff recommends that the Board also determine that the actions associated with placing the Tennant property (APN 011-050-030) under a Williamson Act contract are consistent with the General Plan. The subject property lies within an area designated Agricultural Lands (AL) and is being used for agricultural purposes. The establishment of this Williamson Act contract fits the intent and purpose of the AL designation which is “… to preserve and protect lands capable of and generally used for the production of food, fiber and plant materials.” Staff further recommends that the Board 1) approve Resolution No. 2009/147 that authorizes the addition of APN 011-050-030 to Agricultural Preserve No. 8-70 and approve Land Conservation Contract No. AP08-0003 with Gerald E. Tennant and Jo Tennant, trustees of the Tennant Living Trust dated May 20, 1994, owners of parcel No. 011-050-030; and 2) authorize the Chair to execute Land Conservation Contract No. AP 08-0003. The actions associated with the establishment of Land Conservation Contract No. AP08-0003 are categorically exempt from the California Environmental Quality Act (2006 CEQA Regs, Section 15317, Class 17). ATTACHMENTS Resolution No. 2009/147 Attachment A - Legal Description & Map Attachment B- Land Conservation Contract No. AP08-0003 RECOMMENDATION(S): 1. OPEN a public hearing on a proposal to add APN 011-050-030, a 43-acre parcel located at 19 Hoffman Lane in the Byron area, to existing Agricultural Preserve No. 8-70, and to approve Land Conservation (Williamson Act) Contract #AP08-0003 for APN 011-050-030. 2. CLOSE the public hearing. 3. ADOPT attached Resolution No. 2009/147 adding APN 011-050-030 to existing Agricultural Preserve No. 8-70, and approving Land Conservation Contract No. AP08-0003 with Gerald E. Tennant and Jo Tennant, trustees of the Tennant Living Trust dated May 20, 1994. 4. AUTHORIZE the Chair to execute Land Conservation Contract No. AP 08-0003 with Gerald E. Tennant and Jo Tennant, trustees of the Tennant Living Trust dated May 20, 1994, the owners of APN 011-050-030. 5. DIRECT the Clerk of the Board to record the above resolution with the County Recorder and to forward copies of the resolution to the California Department of Conservation, the APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 06/09/2009 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: June 9, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Katherine Sinclair, Deputy cc: CAO, County Counsel, CA Dept. of Conservation, Assessor, LAFCO, Owners, City of Brentwood, Department of Conservation & Development SD. 3 To:Board of Supervisors From:Catherine Kutsuris, Conservation & Development Director Date:June 9, 2009 Contra Costa County Subject:Add APN 011-050-030 to Ag. Preserve No. 8-70 / Approve Land Conservation Contract No. AP08-0003 Office of the County Assessor, and the landowners of AP# 8-70. 6. DETERMINE that the proposed actions are RECOMMENDATION(S): (CONT'D) categorically exempt from the California Environmental Quality Act. (CEQA Regs, Section 15317, Class 17). 7. DIRECT the Department of Conservation and Development to file a Notice of Exemption for CEQA determination on this project. FISCAL IMPACT: None. BACKGROUND: Gerald E. Tennant and Jo Tennant, trustees of the Tennant Living Trust dated May 20, 1994 (Owners), own 43 acres of land at 19 Hoffman Lane, APN 011-050-030 (Property), in the Byron area. They have applied to place the property into an existing Agricultural Preserve No. 8-70 that is adjacent to their property and place their property under a Land Conservation Contract pursuant to the Williamson Act (Government Code Chapter 7, sections 51200 et seq.). The subject property is currently being used for raw crops. Future plans for the property include using the land for an orchard and building a single-family residence with a farm equipment storage building. The proposed Land Conservation Contract would apply to the entire 43 acres. This contract would reflect the agricultural and residential uses and related structures that are intended for the property consistent with the County’s Williamson Act program. The subject property is zoned A-40, Exclusive Agriculture District. The uses allowed in an A-40 District are consistent with the uses allowed in the A-4 Agricultural Preserve District. The subject property meets the Williamson Act lot size requirement in that it is 43 acres of agricultural land (California Government Code, Section 51230.1(a), paragraph 1). In addition, the proposed Land Conservation Contract would restrict uses on the land to those allowed under the contract or those allowed in the A-40 District. Since the Williamson Act requires a minimum of 100 acres to establish a new Agricultural Preserve, the Tennant property, being only 43 acres in size, is not large enough to establish a new Agricultural Preserve. The Williamson Act does, however, provide for land area to be added to an existing Agricultural Preserve when it is contiguous, meets minimum parcel size requirements and is in agricultural use. The Tennant property lies adjacent to existing Agricultural Preserve No. 8-70, which consists of APN’s 011-070-016, 011-070-014, 011-070-015, 011-090-010, 011-070-013 and 011-070-009 and totals 220 acres. Therefore, the addition of the Tennant property to Agricultural Preserve No. 8-70 is consistent with the County’s Williamson Act program. Pursuant to the Williamson Act, the Board of Supervisors must conduct a public hearing on a proposal to enlarge the size of an Agricultural Preserve, and provide notice of this hearing to the Local Agency Formation Commission and to any city within one mile of the affected Agricultural Preserve (Government Code Sections 51231, 51233). Notice of a hearing to add the Tennant property to Agricultural Preserve No. 8-70 has been lawfully given to the landowners within the affected Agricultural Preserve and to the Contra Costa Local Agency Formation Commission. Although more than a mile from the parcel in question, the City of Brentwood received notice of the hearing. Staff recommends that the Board conduct a public hearing as required by the Williamson Act, and determine that the addition of the Tennant property to Agricultural Preserve No. 8-70 is consistent with the requirements and provisions of the Williamson Act. Furthermore, staff recommends that the Board also determine that the actions associated with placing the Tennant property (APN 011-050-030) under a Williamson Act contract are consistent with the General Plan. The subject property lies within an area designated Agricultural Lands (AL) and is being used for agricultural purposes. The establishment of this Williamson Act contract fits the intent and purpose of the AL designation which is “… to preserve and protect lands capable of and generally used for the production of food, fiber and plant materials.” Staff further recommends that the Board 1) approve Resolution No. 2009/147 that authorizes the addition of APN 011-050-030 to Agricultural Preserve No. 8-70 and approve Land Conservation Contract No. AP08-0003 with Gerald E. Tennant and Jo Tennant, trustees of the Tennant Living Trust dated May 20, 1994, owners of parcel No. 011-050-030; and 2) authorize the Chair to execute Land Conservation Contract No. AP 08-0003. The actions associated with the establishment of Land Conservation Contract No. AP08-0003 are categorically exempt from the California Environmental Quality Act (2006 CEQA Regs, Section 15317, Class 17). ATTACHMENTS Resolution No. 2009/147 Attachment A - Legal Description & Map Attachment B- Land Conservation Contract No. AP08-0003