HomeMy WebLinkAboutMINUTES - 09132011 - C.132RECOMMENDATION(S):
1. FIND that the proposed actions are consistent with the Williamson Act and the County's
Williamson Act Program.
2. ADOPT Resolution No. 2010/208 which would (1) RESCIND the existing Land
Conservation Contract No. 13-74 as to the parcel commonly identified as APN
205-020-014, and (2) APPROVE the proposed Land Conservation Contract No. AP09-0009
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. AP09-0009.
4. DIRECT the Department of Conservation and Development to record Resolution No.
2010/208 and Land Conservation Contract No. AP09-0009 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: 09/13/2011 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, (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 13, 2011
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C.132
To:Board of Supervisors
From:Catherine Kutsuris, Conservation & Development Director
Date:September 13, 2011
Contra
Costa
County
Subject:Williamson Act/Rescind Contract #AP13-74, Approve Contract #AP09-0009
Quality Act (CEQA Regs, Sections 15317, (Class 17 and 15061 (b) (3).)
6. DIRECT the Department of Conservation & Development to file
RECOMMENDATION(S): (CONT'D)
a Notice of Exemption under CEQA with the County Clerk.
FISCAL IMPACT:
Applicant pays 100% of application fee.
BACKGROUND:
Jeffery C. and Nancy A. Wiedemann, Trustees of the Wiedemann Trust Dated 6-4-93,
own an 80 acre property commonly known as Assessor Parcel No. 205-020-014
described in Attachment A. The parcel is one of four parcels 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.
Owners intend to continue agricultural uses on the Property, but request a contract that is
specific to just this parcel. The existing Agricultural Preserve Contract No. 13-74 will
continue to apply to the remainder of the lands that are under the same ownership. This
contract will allow for the establishment a single-family residence with detached garage,
a ranch manager's residence with detached garage, barn, pump house & water tanks, pool,
pool house, agricultural shop building, hen house, and cattle handling facilities (corrals,
squeeze, loading alley). The 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. AP09-0009 only on this property.
The new structures and new homes 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 County Code ( Chapter 84-84).
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 authorize uses of the property such that the action will not have a significant
effect on the environment.
CONSEQUENCE OF NEGATIVE ACTION:
The Owners would not receive authorization to construct the residences, pool and
The Owners would not receive authorization to construct the residences, pool and
agriculturally related structures on the property, as provided under the terms of the
proposed new Land Conservation Contract for the subject property.
CHILDREN'S IMPACT STATEMENT:
N/A
ATTACHMENTS
Resolution No. 2010/208
Attachment A- Legal Description
Attachment B- Land Conservation Contract AP09-09