HomeMy WebLinkAboutMINUTES - 02142012 - C.58RECOMMENDATION(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 second residence is consistent with the Williamson Act's
principles of compatibility found at Government Code section 51238.1, subdivision (a).
3. ADOPT Resolution No. 2011/408 which would (1) RESCIND the existing Land
Conservation Contract No. 14-70 as to the parcel commonly identified as APN 208-220-017
and (2) APPROVE the proposed Land Conservation Contract No. AP11-0004 for said
parcel between the County and the current owner of the property, Kathryn R. Stewart to
authorize a second single family residence on the parcel.
4. AUTHORIZE the Chair of the Board of Supervisors to execute Land Conservation
Contract No. AP11-0004.
5. DIRECT the Department of Conservation and Development to record Resolution No.
2011/408 and Land Conservation Contract No. AP11-0004 with the County Recorder and
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 02/14/2012 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,
925-335-1207
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: February 14, 2012
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C.58
To:Board of Supervisors
From:
Date:February 14, 2012
Contra
Costa
County
Subject:Williamson Act Contract / Rescind Land Conservation Contract No. 14-70 and approve Land Conservation
Contract AP11-0004
forward a copy to the California Department of Conservation and the Office of the County
Assessor.
6.
RECOMMENDATION(S): (CONT'D)
DETERMINE that the proposed actions are exempt from the California Environmental
Quality Act CEQA Regs, Sections 15317, (Class 17) and 15061 (b) (3).
7. DIRECT the Department of Conservation & Development to file a Notice of
Exemption under CEQA with the County Clerk.
FISCAL IMPACT:
None. The applicant pays 100% of the application fee.
BACKGROUND:
Kathryn R. Stewart, owns a 258 acre property commonly known as Assessor Parcel No.
208-220-017 described in Attachment A. The parcel is located in Agricultural Preserve
No. 14-70 , established on March 9, 1970, by Board Resolution No. 69/809 between the
County and Karl and Louise Maier . The Property is currently restricted under Land
Conservation Contract No. 14-70.
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.
Owner intends to continue agricultural uses on the Property. There is currently a single
family residence on the property. The new contract will allow for the establishment of an
additional single-family residence with a detached garage for the Owner's daughter and
her family. The Owner desires to rescind the existing Land Conservation Contract No.
14-70 for this Property for the purpose of entering into a new Land Conservation
Contract No. AP11-0004, which will allow for an additional single family residence with
a detached garage.
The new home would be incidental to the primary agricultural use of the Property and
would not conflict with ongoing agricultural uses. The approval of the second
single-family residence is consistent with the Williamson Act's principles of
compatibility under Government Code section 51238.1 (a) in that it would not
significantly compromise the long-term productive agricultural capability of the land nor
would it displace or impair current or reasonably foreseeable agricultural operations on
this contracted land or parcels on other contracted land. The approval of a second
single-family dwelling therefore would be consistent with the intent and purpose of the
Williamson Act and County Code ( Chapter 84-42).
The actions associated with the establishment of a Land Conservation Contract under the
Williamson Act are categorically exempt from environmental review under the
California Environmental Quality Act (CEQA Regs, Section 15317, Class 17). Further,
the rescission of the existing Land Conservation Contract and approval of the new Land
Conservation Contract that authorizes the construction of a new single-family residence
on the Property will not cause a significant effect on the environment because it only will
authorize uses of the property that will not have a significant effect on the environment (
see CEQA Regs 15061 (b) (3), 15317(Class 17).
CONSEQUENCE OF NEGATIVE ACTION:
If the Board does not rescind Land Conservation Contract No. 14-70 and approve Land
Conservation Contract No. AP11-0004 the land owner would not be able to build an
additional single-family residence and detached garage on the property.
CHILDREN'S IMPACT STATEMENT:
N/A
ATTACHMENTS
Resolution No. 2011/408
Attachment A- Legal Description
Attachment B- Land Conservation Contract AP11-0004
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