HomeMy WebLinkAboutMINUTES - 02072012 - C.64RECOMMENDATION(S):
1. FIND that the proposed actions are consistent with the Williamson Act and the County's
Williamson Act Program.
2. FIND that the proposed actions are categorically exempt from the California
Environmental Quality Act (CEQA) ( Regs, Sections 15305 (a), 15317, (Class 17) and
Section 15061 (b) (3)).
3. FIND that the Lot Line Adjustment ( LL10-0001) to, among other things, include in lot 3
approximately 16-acres of property that East Bay Municipal Utility District (EBMUD) will
convey to the owner, as depicted in Attachment A, complies with the seven required
findings of California Government Code 51257 for Williamson Act agricultural preserves
and as listed in Attachment B.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 02/07/2012 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Gayle B. Uilkema, District II
Supervisor
Contact: John Oborne,
925-674-7793
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: February 7, 2012
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C.64
To:Board of Supervisors
From:
Date:February 7, 2012
Contra
Costa
County
Subject:Williamson Act/Rescind Land Conservation Contract No. 3-77 Approve Lot Line Adjustment LL10-001 and
Approve Land Conservation Contract No. AP 10-0001
RECOMMENDATION(S): (CONT'D)
4. ADOPT Resolution No. 2010/487 RESCINDING the existing Land Conservation
Contract No. 3-77 as to the parcels commonly identified as Assessor's Parcel Numbers
(APNs) 258-110-001 and 258-110-002 and APPROVING Lot Line Adjustment
LL10-0001 and APPROVING Land Conservation Contract No. AP10-0001( Attachment
C) for the newly configured parcels with Stephen E. Roberts, Trustee of Stephen E.
Roberts Trust - 1990 UDT dated September 28, 1990, Owner.
5. AUTHORIZE the Chair, or designee to execute Land Conservation Contract No.
AP10-0001.
6. DIRECT the Conservation and Development Department Director, or designee, to
record on the deed for the reconfigured property the Lot Line Adjustment LL10-0001,
Resolution No. 2010/487 and Land Conservation Contract AP10-0001; and file a CEQA
Notice of Exemption; and forward a copy of the Land Conservation Contract to the State
Department of Conservation and Office of the County Assessor.
FISCAL IMPACT:
100% of application fee paid by the applicant.
BACKGROUND:
Stephen E. Roberts (Owner), Trustee of the Stephen E. Roberts Trust- 1990 UDT dated
September 28, 1990 owns 269 acres commonly known as APNs 258-110-001 and
258-110-002 ("Property") described in Attachment D and referenced herein. The parcels
are located in Agricultural Preserve No. 3-77 (also known as Land Conservation Contract
No. 3-77), established on February 8, 1977, by Board Resolution No 77/121 between the
County and Alfred Peres. The parcels are currently restricted under Land Conservation
Contract No. 3-77. There are currently no structures on the Property and the property is
being used for grazing purposes.
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.
The Owner intends to continue agricultural uses on the Property but wishes to :
1. Rescind the existing Land Conservation Contract No. 3-77 to enable Lot Line
Adjustment LL10-0001;
2. Through Lot Line Adjustment LL10-0001 reconfigure the three existing parcels so that
they meet the 40-acre minimum parcel size as shown on Exhibit A; and
3. Enter into a new Land Conservation Contract AP10-0001 covering the reconfigured
lots as shown on Exhibit A.
Also, the Owner wishes to complete the following action in conjunction with this
application:
1. Exchange an approximately 16-acre area of tree covered hillside he owns for an
adjacent 16-acres of open grassland owned by the East Bay Municipal Utilities District
(EBMUD) as shown on Attachment A and agreed to in the Property Exchange
Agreement between Stephen E. Roberts Trust and EBMUD ( Attachment E); and
Two Assessor Parcel Numbers Comprising Three Legal Parcels
As noted above the Roberts Ranch contains two APN's: 258-110-001 and 258-110-002.
The two APN numbers resulted from the fact that the property contains a major ridge line
which separates two different flood districts. Since the tax rates may be different in each
of the different flood control zones, the assessor created the two APN numbers to
approximately separate the property by flood control zone. This action did not create
legally separate parcels, rather it facilitated separating land for tax purposes only.
In April 2006 the Owner obtained from the County three Certificates of Compliance
(County File No's. ZC-06-689, ZC-06-690 & ZC-06-691) that showed that the Property
consisted of three legal parcels under the Subdivision Map Act and County's Subdivision
Ordinance, which collectively are known as APNs 258-110-001 and 258-110-002.
The Owner is proposing a Lot Line Adjustment, as referenced above, anticipating the
possibility that the current single ownership situation may change to that of multiple
owners of separate parcels in the future. It is desired that the Lot Line Adjustment
establish parcels that meet both the 40-acre minimum non-prime agricultural land size
requirement, as well as the 100-acre minimum acreage requirement for an Agricultural
Preserve, which would enable the future creation of two separate Agricultural Preserves.
Exchange of Property with East Bay Municipal Utility District (EBMUD)
In conjunction with this application the Owner wishes to exchange approximately
16-acres of tree covered hillside area of his property, along his property's westerly
border, for approximately 16-acres of adjacent open grassland area that the EBMUD
owns. EBMUD would prefer to own the hillside area, versus grassland area, for
watershed purposes. The Owner would prefer the grassland area, which is flatter, for
grazing purposes. A copy of the Property Exchange Agreement between Stephen E.
Roberts Trust and EBMUD is attached as Attachment E. The Agreement is contingent
upon the Board's approval of the rescission of Land Conservation Contract No. 3-77,
approval of Lot Line Adjustment LL10-0001 and approval of Land Conservation
Contract AP10-0001.
CONSEQUENCE OF NEGATIVE ACTION:
If the Board does not rescind the existing Land Conservation Contract 3-77 and approve
the proposed Lot Line Adjustment LL10-0001 and Land Conservation AP10-0001 the
Owner would not be able to execute the property exchange with EBMUD and
reconfigure the Williamson Act contracted land.
CHILDREN'S IMPACT STATEMENT:
N/A
ATTACHMENTS
Resolution No. 2010/487
Attach. A - Lot Line Adjustment LL10-0001
Attach. B - Lot Line Adjustment Findings
Attach. C - Land Conservation Contract AP10-0001
Attach. D - Legal Description
Attach. E - Property Exchange Agree. Roberts & EBMUD