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HomeMy WebLinkAboutMINUTES - 09222009 - C.71PDF Return C.71 To: Board of Supervisors From: Catherine Kutsuris, Conservation & Development Director Date: September 22, 2009 Subject:Williamson Act Contract/Rescind Land Conservation Contract # 2-71 as to APN 362-080-002/ Approve Land Conservation Contract #AP09-0003 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/22/2009 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, 335-1207 cc:County Counsel Calif. Dept. of Conservation Assessors Office Dept. of Conservation and Development 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 22, 2009 David J. Twa, BY:Katherine Sinclair , Deputy RECOMMENDATION(S): 1. ADOPT Resolution No. 2009/339 rescinding the existing Land Conservation Contract No. 2-71 as to the parcel commonly identified as APN 362-080-002 and approving Land Conservation Contract No. AP09-0003 for said parcel with Ralph V. Rangel, Jr. and Gina M. Rangel, husband and wife, owners. 2. AUTHORIZE the Chair to execute Land Conservation Contract No. AP09-0003. Agenda RECOMMENDATION(S): (CONT'D) 3. DIRECT the Clerk of the Board to record the above resolution and Land Conservation Contract No. AP09-0003 with the County Recorder and 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: Ralph V. Rangel, Jr. and Gina M. Rangel, husband and wife (Owners) own property, located at 1135 Christie Road, in Martinez and commonly known as Assessor Parcel No. 362-080-002 (Property) and more particularly described in Attachment A, which is attached hereto. The Property is located in Agricultural Preserve No. 2-71, established on February 28, 1971, by Board Resolution No. 71/29 between the County and Mary Pereira. The Property is currently restricted under Land Conservation Contract No. 2-71. 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. Owners intend to continue agricultural uses on the Property, but request to amend the contract so that it allows for the establishment of a single-family residence, a residential second unit, farm labor housing, horse barn, two sheds to store agricultural equipment and a water pump house. The Property is zoned Agricultural Preserve District (A-4) and these proposed uses are consistent with this zoning district. Owners desire to rescind the existing Land Conservation Contract No. 2-71 only for their property for the purpose of entering into a new Land Conservation Contract No. AP09-0003. The new structures 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). 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). AgendaQuick©2005 - 2019 Destiny Software Inc., All Rights Reserved Agenda