HomeMy WebLinkAboutMINUTES - 06092015 - C.165RECOMMENDATION(S):
1. FIND the proposed actions are consistent with the Williamson Act and the County's Williamson Act Program.
2. FIND 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. 2015/58 to (1) Rescind the existing Land Conservation Contract AP13-77 only as to
Assessor Parcel Number (APN) 001-051-009; and (2) APPROVE Land Conservation Contract AP15-0001 on APN
001-051-009 with John Barey (Owner).
4. AUTHORIZE the Chair to execute Land Conservation Contract AP15-0001.
5. DIRECT the Department of Conservation and Development to record the above Resolution and Land Conservation
Contract with the County Clerk Recorder and forward a copy to the Californian Department of Conservation, and the
County Assessor's Office.
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: 06/09/2015 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
ABSENT: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 9, 2015
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C.165
To:Board of Supervisors
From:John Kopchik, Director, Conservation & Development Department
Date:June 9, 2015
Contra
Costa
County
Subject:Williamson Act Contract AP15-0001 / John Barey
FISCAL IMPACT:
None. All application fees are borne by the applicant.
BACKGROUND:
John Barey (Owner) recently purchased a 20-acre parcel commonly known as APN 001-051-009 (Property) in the
Byron area. The Property is used for growing grapes and is part of a larger Agricultural Preserve of 585 acres that
has been in active agricultural production for a number of years under Land Conservation Contract AP 13-77.
Land Conservation Contract AP13-77 was established on February 8, 1977, between the County and Frank
Bettencourt and Leroy Simonich.
The Williamson Act program (Government Code Section 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 Conservation Contract and simultaneously 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 Program.
The subject 20-acre parcel was legally created in 1988, as Parcel C of Minor Subdivision MS 6-88. The zoning at
that time was A-4 Agricultural Preserve District, which allowed 20-acre minimum parcel size for non-prime
agricultural land because this was the parcel size originally authorized under the Williamson Act Program.
Subsequent state legislation increased the minimum parcel size requirement to 40 acres for non-prime agricultural
land. In 2003 the County amended the A-4 District so that all new Land Conservation Contracts meet the 40-acre
minimum parcel size requirement. However, if a 20-acre parcel was zoned A-4 before 2003 and was subject to a
Williamson Act contract, the contract may be rescinded and a new contract may be established for the 20-acre
parcel if the Board finds that the parcel remains viable for an agricultural use, as intended by the Williamson Act
Program.
The Owner has applied to rescind the existing Land Conservation Contract, AP 13-77, only as to his Property and
simultaneously enter into a new Land Conservation Contract, AP15-0001, on his Property. The new contract
would authorize him to construct a home for himself and a living quarters for a farm manager. The owner intends
on continuing the grape growing production on the Property. The 20-acre parcel is, and will continue to be, large
enough to sustain the Owner's grape-growing production, which is allowed under the A-4 District and the
County's Williamson Act Program. The surrounding lands that are currently under Land Conservation Contract
13-77 would continue agricultural production under Land Conservation Contract 13-77. The new structures would
be incidental to the primary agricultural use of the Property, would not conflict with the ongoing agricultural uses
on the Property, and thus are consistent with the intent and purpose of the Williamson Act and the County's
Williamson Act Program.The owner would be required to obtain all the necessary permits for the proposal new
structures (e.g., building permits).
The actions associated with the establishment of Land Conservation Contracts under the Williamson Act are
categorically exempt for the California Environmental Quality Act under Article 19, Section 15317, Class 17 and
Section 15061 (b) (3).
CONSEQUENCE OF NEGATIVE ACTION:
If the Board does not approve the proposed Land Conservation Contract, a residential structure for the Owner and
living quarters for a farm manager would not be authorized.
CHILDREN'S IMPACT STATEMENT:
None.
ATTACHMENTS
Resolution No. 2015/58
Attachment A - Legal Description
Attachment B - Land Conservation Contract AP15-0001