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HomeMy WebLinkAboutMINUTES - 08132013 - C.78PDF Return C. 78 To: Board of Supervisors From: Catherine Kutsuris, Conservation and Development Director Date: August 13, 2013 Contra Costa County Subject:Machado Williamson Act Contract Amendment APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 08/13/2013 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact:John Oborne 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: August 13, 2013 David Twa, BY:Stacey M. Boyd , Deputy RECOMMENDATION(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) ). RECOMMENDATION(S): (CONT'D) 3 ADOPT Resolution No. 2013/212 rescinding the existing Land Conservation Contract No. 15-76 as to the parcels commonly identified as APN 003-070-003 & 004 and approving Land Conservation Contract No's. AP13-0004, AP13-0005, AP13-0006 and AP13-0007 for said parcels with Machado Orchards, Inc., a California corporation, as to an undivided one-fourth interest and Clarence M. Machado, Robert J. Machado and Rosemary Jean Machado, as tenants in common, as to an undivided three-fourths interest, " owners". 4. AUTHORIZE the Chair to execute Land Conservation Contract No's. AP13-0004, AP13-0005, AP13-0006 and AP13-0007 . 5. DIRECT the Department of Conservation and Development to record the above resolution and Land Conservation Contract No. AP13-0004, AP13-0005, AP13-0006 and AP13-0007 with the County Recorder and forward a copy to the California Department of Conservation and the Office of the County Assessor. 6. DIRECT the Department of Conservation and Development to file a Notice of Exemption under CEQA with the County Clerk. FISCAL IMPACT: None. All application fees are borne by the applicant. BACKGROUND: (Machado Orchards, Inc., a California corporation, as to an undivided one-fourth interest and Clarence M. Machado, Robert J. Machado and Rosemary Jean Machado, as tenants in common, as to an undivided three-fourths interest, (the "Owners") own approximately 171 acres commonly known as APNs 003-070-003 and 003-070-004 ("Property") described in Attachment A and referenced herein.) The parcels are located in Agricultural Preserve No. 15-76 established on February 11, 1976 by Board Resolution No. 76/147 between the County and Machado Orchards. Inc., a California corporation. There are currently no structures on the Property and the Property is being used for irrigated agriculture and dry land farming. 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. Two Assessor Parcel Numbers Comprising Four Legal Parcels As noted above the Property contains two APN's: 003-070-003 and 003-070-004. However, in May of 2008 the Owners obtained from the County four Certificates of Compliance (County File No's. ZC08-736, ZC08-737, ZC08-738 and ZC08-739) that show the Property contains four legal parcels under the Subdivision Map Act and County's Subdivision Ordinance. Those four parcels are referred to herein as Parcel A (ZC08-736), Parcel B (ZC08-737), Parcel C (ZC08-738), and Parcel D (ZC08-739). Each of the parcels is greater than 40 acres, and is greater than 300 feet in average width, and 300 feet in average depth, as required for lots within an Agricultural Preserve District (See County Ord. Code, Chpts. 84-42, 810-2). Subsequent Pending Sale of the Property The Owners of the Property are in contract to sell the four parcels and the new owner would like to have a separate Williamson Act contract on each of the four parcels to allow for a residence, farm labor housing, barn and other agricultural related structures. Currently the land is used for cultivation of sweet corn and hay. The new buyer has indicated that they intend on continuing the agricultural uses , but they would like the option to have each parcel operate independently. Each of these parcels is large enough (greater than 40 acres) to independently sustain agricultural use in accordance with Government Code, Section 51222 and the County Ordinance Code. Government Code Section 51254 authorizes the County and Owners to mutually agree to cancel Land Conservation Contract No. 15-76 and simultaneously enter into Land Conservation Contract Nos. AP13-0004 through AP13-0007 to enforceably restrict the Property. The term of each of the new contracts is at least as long as the unexpired term of Land Conservation Contract No. 15-76, and not less than 10 years. Staff, therefore, recommends that the Board take the actions specified above. CONSEQUENCE OF NEGATIVE ACTION: If the Board does not rescind the existing Land Conservation Contract AP15-76 and approve entering into a new Land Conservation Contract for each parcel, Contract No. AP15-76 will continue to encumber those four parcels. The contract would run with the land and would remain in effect after the sale of the Property. CHILDREN'S IMPACT STATEMENT: None. AgendaQuick©2005 - 2022 Destiny Software Inc., All Rights Reserved