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HomeMy WebLinkAboutMINUTES - 09152009 - C.94PDF Return C.94 To: Board of Supervisors From: Joyce Ring-Reaves, Conservation & Development Date: September 15, 2009 Subject:Williamson Act Contract/Rescinding Contract # 6-72 as to APN006-220-009/ Approving Land Conservation Contract #AP08-0004 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/15/2009 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: September 15, 2009 David J. Twa, BY:EMY L. SHARP , Deputy RECOMMENDATION(S): 1. ADOPT Resolution No. 2009/433 rescinding the existing Land Conservation Contract No. 6-72 as to the parcel commonly identified as APN 006-220-009 and approving Land Conservation Contract No. AP08-0004 for the parcel commonly identified as APN 006-220-009 with Sherman K. Wong, owner. 2. AUTHORIZE the Chair to execute Land Conservation Contract No. AP08-0004. Agenda http://64.166.146.245/agenda_publish.cfm?id=&mt=ALL&get_month=... 1 of 3 10/14/2019, 4:40 PM RECOMMENDATION(S): (CONT'D) 3. DIRECT the Clerk of the Board to record the above resolution with the County Recorder and to forward a copy to the California Department of Conservation and the Office of the County Assessor. 4. DETERMINE that the proposed actions are categorically exempt from the California Environmental Quality Act (CEQA Regs, Section 15317, Class 17). 5. DIRECT the Department of Conservation & Development to file a Notice of Exemption under CEQA with the County Clerk. FISCAL IMPACT: None. BACKGROUND: Sherman K. Wong ("Owner") owns property commonly known as Assessors Parcel No. 006-220-009 described in Attachment A and attached hereto. The parcel is located in Agricultural Preserve No 6-72, established on January 18, 1972, by Board Resolution No. 72/29 between the County and Rosie A. Vargas et al. The parcel is currently restricted under Land Conservation Contract No. 6-72. 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 request his own separate contract that allows for the establishment of a single-family residence, up to 6 buildings for the storage of agricultural equipment, farm labor housing and a residential wind energy conservation system. A residential wind energy conversion system is defined as one machine such as a windmill or wind turban which is located on a parcel and used only as an accessory to an allowable residential or agricultural use. Owner seeks to rescind the existing Land Conservation Contract No. 6-72 only for his property for the purpose of entering into a new Land Conservation Contract No. AP08-0004. The new structures would be incidental to the primary agricultural use of the property, would not conflict with ongoing agricultural uses, and thus would be consistent with the intent and purpose of the Williamson Act and County Code ( Chapter 84-42 and Chaptes 810-2 through 810-4) under which these proposed uses are allowed. The uses allowed in an A-80 District, which the subject parcel is zoned, are consistent with the uses allowed in the A-4 Agricultural Preserve District. The actions associated with the establishment of a Land Conservation (Williamson Act) Contract are categorically exempt from the California Environmental Quality Act (CEQA Regs, Section 15317, Class 17). Agenda http://64.166.146.245/agenda_publish.cfm?id=&mt=ALL&get_month=... 2 of 3 10/14/2019, 4:40 PM AgendaQuick©2005 - 2019 Destiny Software Inc., All Rights Reserved Agenda http://64.166.146.245/agenda_publish.cfm?id=&mt=ALL&get_month=... 3 of 3 10/14/2019, 4:40 PM