HomeMy WebLinkAboutMINUTES - 04292014 - 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)
Article 19, Section 15317, Class 17 and Section 15061 (b) (3).
3. ADOPT Resolution No. 2014/17, which establishes Land Conservation Contract No. AP13-00013 on Assessors
Parcel Number (APN) 199-030-027, and APPROVE Land Conservation Contract No. AP13-00013 with Devon
Smith and Rebecca Gherini, Co-Trustees of the Steven A. Gherini 2012 Trust (Owners).
4. AUTHORIZE the Chair of the Board of Supervisors to execute Land Conservation Contract No. AP13-00013 with
Devon Smith and Rebecca Gherini, Co-Trustees of the Steven A. Gherini 2012 Trust, the Owners of APN
199-030-027.
5. DIRECT the Department of Conservation and Development to record the above resolution and Land Conservation
Contract 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 CEQA Notice of Exemption for this project.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 04/29/2014 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: April 29, 2014
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 64
To:Board of Supervisors
From:Catherine Kutsuris, Conservation and Development Director
Date:April 29, 2014
Contra
Costa
County
Subject:Williamson Act Contract / AP13-00013 / Gherini Trust
FISCAL IMPACT:
The fiscal impact of this action on the County General Fund would be negligible. It is estimated that tax revenue
that would annually accrue to the County from the subject property would be reduced by $264 by entering into
Williamson Act contract. Additionally, County costs associated with processing this application are 100% paid by
applicant fees.
BACKGROUND:
Devon Smith and Rebecca Gherini, Co-Trustees of the Steven A. and Gherini 2012 Trust (Owners), own
approximately 124 acres of land at 18181 Bollinger Canyon Road, APN 199-030-027 (Property) in the San
Ramon area. They have applied to encumber the Property by a Land Conservation Contract. The Property was
previously contracted under Land Conservation Contract No. AP 25-75 (Refer also to County File Number
RZ1852) but the previous owner of the Property took it out of the Williamson Act Program. The new Owners
would like to place the Property back under a Williamson Act Contract.
The Williamson Act program (Government Code, Sections 51200 et. seq.), through Land Conservation Contracts,
restricts land uses and structures on property under contract. Under the Williamson Act , property that was
subject to a Williamson Act Contract, but is no longer, may again be encumbered by a new Land Conservation
Contract by mutual agreement between the County and the land owner, provided that the land complies with the
current requirements of the Williamson Act and the County's Williamson Act Program. The Property, which is
124 acres, complies with the current requirements of the Williamson Act and the County's Williamson Act
Program.
The Property is currently being used for grazing and the Owners intend to continue using the land for grazing.
There is an existing single-family residence and barn on the property and the Owners do not propose any new
structures. This contract would reflect the agricultural and residential uses that are intended for the Property
consistent with the County's Williamson Act program and the County General Plan. The Property is zoned A-4,
Agricultural Preserve District and the uses thereon are consistent with this zoning designation.
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, encumbering the Property under this new Land Conservation Contract, where
the Property includes an existing single-family residence and barn, would not cause a significant effect on the
environment because it only authorizes uses on 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 approve Land Conservation Contract AP13-00013, the Property will not be encumbered by
a Williamson Act Contract and development of the Property would not be restricted by said contract.
CHILDREN'S IMPACT STATEMENT:
None.
ATTACHMENTS
Resolution No. 2014/17
Attachment A - Legal Description
Attachment B - Land Conservation Contract AP13-00013