HomeMy WebLinkAboutMINUTES - 10072014 - C.98RECOMMENDATION(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)
under Article 19, Section 15317, Class 17 and Section 15061 (b) (3).
3. ADOPT Resolution No. 2014/79 to (1) RESCIND the existing Land Conservation Contract AP13-74 only as to
Assessor Parcel Numbers (APN) 205-020-021, 023 & 023, (2) APPROVE Land Conservation Contracts AP13-00014
on APN 205-020-021 and Land Conservation Contract AP14-0003 on APNs 205-020-022 & 023, with Randolph D.
Lindsay and Roxanne W. Lindsay, Trustees of the 1996 Lindsay Living Trust (Owners), and (3) AUTHORIZE the
Chair to execute Land Conservation Contracts AP13-00014 and AP14-0003 with Randolph D. Lindsay and Roxanne
W. Lindsay, Trustees of the 1996 Lindsay Living Trust (Owners).
4. DIRECT the Department of Conservation and Development to record the above Resolution and Land Conservation
Contracts with the County Clerk Recorder and forward a copy to the California Department of Conservation, and the
Office of the Assessor.
5. 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: 10/07/2014 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: October 7, 2014
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 98
To:Board of Supervisors
From:John Kopchik, Interim Director, Conservation & Development Department
Date:October 7, 2014
Contra
Costa
County
Subject:Williamson Act Contracts / AP13-00014 & AP14-0003 / R. Lindsay
FISCAL IMPACT:
The Property under consideration has been encumbered by the Williamson Act since 1974 and has been paying a
restricted tax rate since that time. Under the new contracts the Property would still pay a restricted tax rate, but if a
proposed structure, such as a house, were to be built the land would continue to be under a restricted tax rate but
the value of the new house would be added to the assessment. All application fees are borne by the applicant.
BACKGROUND:
Randolph D. Lindsay and Roxanne Weidemann Lindsay, Trustees of the 1996 Lindsay Living Trust (Owners)
own three parcels that encompass approximately 273 acres of land in the San Ramon area. The three Assessors
Parcel Numbers are 205-020-021,022 and 023 (Property). The Property, is part of a larger ranch that is owned by
the same family (Weidemann) and is encumbered by Land Conservation Contract No. AP13-74, which was
established on January 28, 1974. There are currently two barns on APN 205-020-021 and one barn on APN
205-020-023. The Owners have applied to rescind the existing Land Conservation Contract (AP13-74) for
Property only, and simultaneously enter into two new Land Conservation Contracts: AP13-0014 that covers
approximately 92 acres and AP14-0003, covering approximately 181 acres, which are described in Exhibit A,
attached hereto. The remainder of the larger ranch that is currently encumbered by Land Conservation Contract
No. AP13-74 would continue to be encumbered by said contract. The Owners wish to establish two separate
Williamson Act Contracts on the Property for estate planning 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 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.
The Owners intend to continue agricultural uses on the Property, but request to establish new Land Conservation
Contracts so that they clearly define boundaries for each contracted land in relation to the surrounding lands that
are under the same Land Conservation Contract No. AP13-74. As noted above, the new contracts are for estate
planning purposes and each contract would provide for a home, pool, ranch manager's residence, and various
agriculturally related structures. The owner would be required to obtain all the necessary permits required to
accomplish this (e.g. building permits, etc.). The new structures would be incidental to the primary agricultural use
of the Property, would not conflict with the ongoing agricultural uses, and thus are consistent with the intent and
purpose of the Williamson Act and the County's Williamson Act Program. The uses allowed in an A-80 Zoning
District, which the subject parcels are zoned, are consistent with the uses allowed in the A-4, Agricultural
Preserve Zoning District.
The actions associated with the establishment of Land Conservation Contracts under the Williamson Act are
categorically exempt from the California Environmental Quality Act (CEQA Regs, Section 15317, Class 17).
CONSEQUENCE OF NEGATIVE ACTION:
If the Board does not approve the proposed Land Conservation Contracts, Land Conservation Contract Number
15-74 would continue to encumber the Property, but the Owners would not be able to separate these parcels and
establish new Williamson Act Contracts for estate planning purposes.
CHILDREN'S IMPACT STATEMENT:
None.
ATTACHMENTS
Resolution No. 2014/79
Exhibit A - Legal Description
Attachment B - Land Conservation Contract AP13-0014
Attachment B-Cont'd - Land Conservation Contract AP14-0003