HomeMy WebLinkAboutMINUTES - 06172014 - C.112RECOMMENDATION(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. FIND that the parcels that will be subject to new Williamson Act contracts AP14-0001 and AP14-0002 are large
enough to sustain agricultural uses.
4. ADOPT Resolution 2014/63 rescinding existing Land Conservation Contract 9-75 as to Assessor's Parcel Numbers
(APNs) 078-020-018, 019, 020 and 021 and APPROVING Land Conservation Contracts AP14-0001 on APNs
078-020-018 & 019 and Land Conservation Contract AP14-0002 on APNs 078-260-020 & 021 with the Galvin
Family Revocable Living Trust (Owners).
5. AUTHORIZE the Chair of the Board of Supervisors to execute Land Conservation Contracts AP14-0001 and
AP14-0002 with the Owners.
6. DIRECT the Department of Conservation and Development to record the above resolution and Land Conservation
Contracts with the County Recorder and forward a copy to the California Department of Conservation, and the Office
of the Assessor.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 06/17/2014 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: June 17, 2014
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C.112
To:Board of Supervisors
From:Catherine Kutsuris, Conservation and Development Director
Date:June 17, 2014
Contra
Costa
County
Subject:Williamson Act Contracts / AP14- 0001 & AP14-0002 / Galvin Family Trust
RECOMMENDATION(S): (CONT'D)
7. DIRECT the Department of Conservation and Development to file a CEQA Notice of Exemption for this
project.
FISCAL IMPACT:
The fiscal impact of this action on the County General Fund would be negligible. The land has been under the
Williamson Act Program since 1975 and has been paying a restricted tax since then. However, both contracts
contain a proposed home site and when the owners build a home the Assessor's Office would assess a 1-acre
home site at fair market value, plus improvements. The remainder of the land would remain at a restricted value.
All fees related to processing this application are borne by the applicant.
BACKGROUND:
William Everett Galvin and Leroy Allen Galvin, as successor trustees of The Galvin Family Revocable Living
Trust, 1/2/85 (Owners) own approximately 67 contiguous acres of land at 8925 and 9201 Marsh Creek Road in
the Clayton area, comprised of four Assessor's Parcel Numbers: 078-260-018,019,020 and 021 (Property). The
Property is currently encumbered by Land Conservation Contract AP 9-75, which was established February 11,
1975 between the County and Rose C. Galvin. The Owners have applied to rescind the existing Land
Conservation Contract and encumber the Property with two new Land Conservation Contracts; AP14-0001 for
9201 Marsh Creek Road that covers approximately 20-acres (APNs 078-260-018 and 019) and AP14-0002 for
8925 Marsh Creek Road that covers approximately 47-acres (APNs 078-260-020 and 021).
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.
As noted above, the current Land Conservation Contract (AP 9-75) was established in 1975 and covers the entire
67-acre property, comprised of a 20-acre parcel and a 47-acre parcel of non-prime agricultural land. AP9-75
prohibits the construction of a single family residence. One of the two new Williamson Act contracts would cover
a parcel that is smaller than 40-acres. But as explained below, the parcel is large enough to sustain agricultural
uses.
In 2003 the County amended the A-4 Agricultural Preserve District to require a 40-acre minimum parcel size for
a Williamson Act contract on non-prime agricultural land to comply with the Williamson Act Law. Prior to the
zoning text amendment in 2003, Williamson Act contracts were permitted at a 20-acre minimum parcel size for
non-prime agricultural land as this was the original minimum parcel size originally established through state
legislation that enacted the Williamson Act Program. Subsequent state legislation increased the minimum parcel
size requirement to 40 acres for non-prime agricultural land. Since the 2003 zoning text amendment to the A-4
District, the County's Williamson Act Program has required that all new Land Conservation Contracts meet the
40-acre minimum parcel size requirement. However, where it can be demonstrated that after rescinding a contract
that was established prior to 2003, and where the parcel was zoned A-4 prior to 2003, a new contract may be
established for a 20-acre parcel subject to a finding that the land remains viable for an agricultural use as intended
under the Williamson Act Program.
The Owners are in contract to sell the 20-acre parcel (APNs 078-260-018 and 019) to a firm that operates a
wholesale horticulture growing operation. If the proposed Land Conservation Contract (AP14-0001) is approved,
the new owner proposes to build two greenhouses on the property along with a single-family residence and other
agricultural related buildings. The owner would be required to obtain all the necessary permits required to
accomplish this (e.g. building permits,etc.). The 20-acre parcel is large enough to sustain an economically viable
wholesale horticulture growing operation, which is allowed under the the A-4 District and the County's
Williamson Act Program.
Under the other proposed Land Conservation Contract (AP14-0002) there would be the continuation of grazing
and cultivation with provisions for future single-family residence and related agricultural buildings. The uses
proposed under AP14-0002 are allowed under the A-4 District and the Williamson Act Program.
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).
CONSEQUENCE OF NEGATIVE ACTION:
If the Board does not approve Land Conservation Contracts AP14-0001 and AP14-0002, the Properties would not
be allowed to develop separate land uses and a home sites under each contract.
CHILDREN'S IMPACT STATEMENT:
None.
CLERK'S ADDENDUM
CORRECTED TO READ: ADOPT Resolution No. 2014/17 2014/63 rescinding existing Land Conservation
Contract 9-75 and approving and authorizing the execution of two new Land Conservation Contracts for
approximately 20-acres located at 9201 Marsh Creek Road and 47-acres located at 8925 Marsh Creek Road,
Clayton area, and making related California Environmental Quality Act findings, as recommended by the
Conservation and Development Director. (The Galvin Family Revocable Living Trust, 1/25/85, Owners) (100%
Applicant fees)
ATTACHMENTS
Resolution No. 2014/63
Attachment A - Legal Description AP14-01; AP14-02
Attachment B - Land Conservation Contract AP14-01
Attachment C - Land Conservation Contract AP14-02