Loading...
HomeMy WebLinkAboutMINUTES - 12182001 - C.120 F '� Ms TO: BOARD OF SUPERVISORS Contra FROM: DENNIS M. BARRY, AICP Costa COMMUNITY DEVELOPMENT DIRECTOR �'''�' s° County DATE: DECEMBER 18, 2001 SUBJECT: STATUS REPORT ON REVIEW OF PETITION FOR PARTIAL CANCELLATION OF THE WILLIAMSON ACT CONTRACT ON THE HUMPHREY PROPERTY, ALAMO (AP#4-76) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS ACCEPT status report on the review of the petition for partial cancellation petition of Land Conservation Contract (Williamson Act) AP#4-76, Humphrey Property, in the Alamo Area. FISCAL IMPACT None. CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMM TEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON December 18, 2001 APPROVED AS RECOMMENDED XX OTHER_ VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND XX UNANIMOUS(ABSENT None) CORRECT COPY OF AN ACTION TAKEN AND AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN Contact: Patrick Roche,CDD-AP(925)335-1242 ATTESTED December 18,L 2001 cc: CAO JOHN SWEETEN, CLERK OF THE BOARD OF County Counsel Cleric of the Board SUPERVISORS AND COUNTY ADMININISTRATOR County Assessor SRVUSD CA Dept.of Conservation Humphrey Family c/o John Wyro BY , DEPUTY Robert da Roza,Monte Sereno Neighborhood Alliance Alamo Improvement Association :a December 18, 2001 Board of Supervisors Status Report on Petition for Partial Cancellation of Williamson Act Contract, Humphrey Property(AP#4-76) Page 2 BACKGROUND/REASONS FOR RECOMMENDATIONS On April 10, 2001, the Board of Supervisors directed the Community Development Department to initiate the process for consideration of a partial cancellation of the Williamson Act contract for the Humphrey Property in the Alamo area prior to consideration of a General Plan Amendment study. This action was in response to a Williamson Act cancellation petition and request for a General Plan Amendment study, which was submitted on behalf of the Humphrey family on February 5, 2001. The 103-acre Humphrey property, which fronts Stone Valley Road across from Monte Vista High School in Alamo, was placed under a Williamson Act contract in 1976. The request from the Humphrey Family outlined in their petition includes the partial cancellation of the Williamson Act contract for a southwesterly 25-acre portion of the property, sale of ten acres to the San Ramon Valley Unified School District, and authorization for a General Plan Amendment study to support the eventual development of a 39-unit residential subdivision on the 25-acres requested for early termination of the Williamson Act contract. In the April 2001 action, the Board requested a status report from the department when sufficient information is available on the project to schedule a future Board hearing on the cancellation petition as established under state law. Since the Board's action in April 2001, the Community Development Department has been compiling and reviewing the documentation for a future Board hearing on the petition for partial cancellation of the Humphrey Property. To date, the following information has been exchanged and activities have occurred in response to the petition for Williamson Act contract cancellation on the Humphrey Property: 1. In accordance with CA Govt. Code Section 51284.1, the department submitted a letter, dated May 1, 2001, noticing the California Department of Conservation of the petition of cancellation for the Humphrey Property and requested the state's review and comment on the petition. 2. In a letter dated May 16, 2001, the California Department of Conservation responded to the department's 5/1/2001 letter with their review and comment on the petition. The Department of Conservation reviewed the information contained in the petition letter relative to the five findings that the Board of Supervisors must make for the cancellation to be consistent with the purposes of the Williamson Act. Their initial review indicated that the petition appeared to meet at least four out of the five findings under the law. However, they were concerned that there was insufficient information in identifying a public interest for early cancellation. Their specific concern was that the petition lacked information on proximate land that would be suitable for the alternative land use proposed in the petition to support a finding that early cancellation would be in the public interest. 3. The Department of Conservation's letter was provided to the representatives of the Humphrey Family and in a subsequent follow-up meeting between the department and their representatives they indicated that they would work toward providing the necessary documentation suggested in the May 16, 2001 letter from the Department of Conservation. `.A Pecember 18, 2001 Board of Supervisors Status Report on Petition for Partial Cancellation of Williamson Act Contract, Humphrey Property(AP#4-76) Page 3 BACKGROUND/REASONS FOR RECOMMENDATIONS (continued) 4. Mr. John Wyro, a representative of the Humphrey Family, in a letter to the department, dated September 28, 2001, outlined a proposal to arrange for the early cancellation fee to be used to secure a permanent agricultural conservation easement on other agricultural land in Contra Costa County. This arrangement is now possible under the Williamson Act Easement Exchange Program, which was enacted in 1998. It provides for a voluntary recession process for a local jurisdictions and landowner to cancel Williamson Act contract and simultaneously dedicate permanent agricultural easements on other land. In this case, it has been proposed that the cancellation fee be used for an agricultural easement purchase in Contra Costa County. 5. At Mr. Wyro's request, the department forwarded this Williamson Act Easement Exchange Program concept to the Department of Conservation and requested their opinion as to whether or not the state would reconsider its earlier opinion that the petition lacked substantial supporting evidence for the necessary finding of public interest on cancellation. 6. In an October 26, 2001 letter, the California Department of Conservation responded to the department's request to consider the concept of the Williamson Act Easement Exchange Program as new information related to the necessary findings for early cancellation. The state responded that it would be premature for them to comment until the proposal is formally submitted by the County as part of the findings and documentation on a cancellation petition. 7. In September 2001, Mr. John Wyro submitted the following information for the CEQA review of the proposed alternative land use specified in the cancellation petition: wetlands jurisdictional delineation for the property, traffic/circulation study, geotechnical report, site acreage map, and aerial photograph. 8. In a November 15, 2001 letter from Robert Kessler, Superintendent, San Ramon Valley Unified School District, the school district requested the department consider the acreage intended for public school purposes as part of the alternative land use concept in the petition cancellation. The school district proposes to acquire approximately 10 acres from the Humphrey Family for a parking lot and grass playing field for use by Monte Vista High School (located directly across the street from the Humphrey Property). 9. The County Assessor's office has completed its analysis of the cancellation fee value for the Humphrey Property, and is prepared to submit the cancellation fee value to the Board when the hearing on the cancellation petition is scheduled. 10. CEQA review by the department of the proposed alternative land use as specified in the cancellation` petition is now in progress, and staff anticipates that this review should be completed in advance of scheduling a Board hearing on the cancellation petition in early 2002.