HomeMy WebLinkAboutMINUTES - 08162011 - C.58RECOMMENDATION(S):
1. Find that the proposed actions are consistent with the Williamson Act and the County's
Williamson Act Program.
2. ADOPT Resolution No. 2011/291 which would (1) RESCIND the existing Land
Conservation Contract No. 13-74 as to the parcel commonly identified as APN
205-020-015, and (2) APPROVE the proposed Land Conservation Contract No. AP11-0001
for said parcel with the owners of the property, Jeffery C. and Nancy A. Wiedemann,
Trustees of the Wiedemann Trust Dated 6-4-93.
3. AUTHORIZE the Chair to execute Land Conservation Contract No. AP11-0001.
4. DIRECT the Department of Conservation and Development to record Resolution No.
2011/291 and Land Conservation Contract No. AP11-0001 with the County Recorder and
forward a copy to the California Department of Conservation and the Office of the County
Assessor.
5. DETERMINE that the proposed actions are exempt from the California Environmental
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 08/16/2011 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
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: John Oborne
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: August 16, 2011
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C.58
To:Board of Supervisors
From:Catherine Kutsuris, Conservation & Development Director
Date:August 16, 2011
Contra
Costa
County
Subject:Williamson Act/ Rescind Contract No. AP13-74 and Approve Contract No. AP11-0001
Quality Act (CEQA Regs, Sections 15317, (Class 17) ( and 15061 (b) (3).)
6. DIRECT the Department of Conservation & Development to
RECOMMENDATION(S): (CONT'D)
file a Notice of Exemption under CEQA with the County Clerk.
FISCAL IMPACT:
None. All fees are paid by the applicant.
BACKGROUND:
Jeffery C. and Nancy A. Wiedemann, Trustees of the Wiedemann Trust Dated 6-4-93,
own property commonly known as Assessor Parcel No. 205-020-015 described in
Attachment A , which is attached hereto. The Property is located in Agricultural Preserve
No. 13-74 , established on January 28, 1974, by Board Resolution No. 74/98 between the
County and Weidemann & Kaplin. The Property is currently restricted under Land
Conservation Contract No. 13-74.
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 Land Use 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.
The Owners intend to continue agricultural uses on the Property, but request to amend the
contract so that it clearly defines a boundary for this contracted land in relation to the
surrounding lands that are under the same ownership and same Williamson Act Contract
No. 13-74 and broaden the agricultural land uses to include crops and the uses permitted
under County Ordinance Code 84-42.402, A-4 Agricultural Preserve District. There are
no new structures proposed with this contract. Owners desire to rescind the existing Land
Conservation Contract No. 13-74 only for this Property for the purpose of entering into a
new Land Conservation Contract No. AP11-0001 only on this property.
The actions associated with the establishment of a Land Conservation Contract under the
Williamson Act are catagorically exempt from environmental review under the
California Environmental Quality Act (CEQA Regs, Section 15317, Class 17). Further,
the rescision of the existing contract and approval of the new contract will not cause a
significant effect on the environment because the County will enter into a new contract
that will not expand or alter the authorized uses of the property such that the action may
have a significant effect on the environment.
CONSEQUENCE OF NEGATIVE ACTION:
The Owners would not receive authorization to create a new Williamson Act contract that
would establish a new boundary for this contracted land in relation to the surrounding
lands that are under the same Owner and same Williamson Act Contract No. 13-74 and
broaden the agricultural land uses to include crops and the uses permitted under County
Ordinance Code 84-42.402, A-4 Agricultural Preserve District.
CHILDREN'S IMPACT STATEMENT:
No impact.
ATTACHMENTS
Resolution No. 2011/291
Attachment A- Legal Description
Attachment B- Land Conservation Contract AP11-01