HomeMy WebLinkAboutMINUTES - 02272007 - D.2 TO: BOARD OF SUPERVISORS
Contra
FROM: DENNIS M. BARRY, AICP Costa
COMMUNITY DEVELOPMENT DIRECTOR + i• ,> °
County
'`rA Yoiir+'�
DATE: February 27, 2007
SUBJECT: HEARING ON PROPOSAL TO ADD APN 204-110-004 TO AGRICULTURAL PRESERVE
NO. 5-72,AND APPROVE NEW LAND CONSERVATION CONTRACT NO.07-0002 FOR
APN 204-110-004, LOCATED AT 6003 JOHNSTON ROAD, TASSAJARA AREA, WITH
ZIA ZAHIRI AND MITRA TOWFIGHI. (COUNTY FILE: AP #06-0006) (DISTRICT III)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. OPEN a public hearing on a proposal to add APN 204-110-004, a 40 acre parcel located at
6003 Johnston Road in the Tassajara area to existing Agricultural Preserve No.5-72,and to
approve a Land Conservation (Williamson Act) Contract for APN 204-110-004.
2. CLOSE the public hearing.
3 . DETERMINE that the proposed actions are categorically exempt from the California
Environmental Quality Act. (2007 CEQA, Divisionl3, Chapter 6, Article 19, Section 15317,
Class 17).
4. ADOPT Resolution No..20072 adding APN 204-110-004 to existing Agricultural Preserve
No. 5-72.
5. ADOPT Resolution No. 2aq/girapproving Land Conservation Contract No.07-0002 with Zia
Zahiri and Mitra Towfighi, the owners of APN 204-110-004.
CONTINUED ON ATTACHMENT: X YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
r
SIGNATURE(Sc) )�W.'O"'Ot'/
.
ACTION OF BOA&D N — APPROVED AS RECOMMENDED O R
VOTE OF SUPE V ORS I HEREBY CERTIFY THAT THIS IS A TRUE AND
JUNANIMO (ABSENT d,222§- 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: J. Cisney CDD-AP(925)335-1314 ATTESTED tea/
cc: Community Development Dept. JOHN CULLEN, CLER F THE BOARD OF
CAO SUPERVISORS AND COUNTY ADMININISTRATOR
County Counsel
County Assessor(via CDD)
CA Dept. of Conservation (via CDD) BY. , DEPUTY
Zia Zahiri, Mitra Towfighi (via CDD)
Owen M Schafer Trust
Contra Costa LAFCO
February 27, 2006
Board of'$upervisors
Gounty File: AP##06-0006
Page 2
RECOMMENDATIONS - continued
6. AUTHORIZE the Chair to execute Land Conservation Contract No. 07-0002 with Zia Zahiri
and Mitra Towfighi, the owners of APN 204-110-004.
7. DIRECT the Community Development Department to record the above resolutions with the
County Recorder and to forward copies of these resolutions to the California Department of
Conservation, the Office of the County Assessor,and the landowner of AP# 5-72.
8. DIRECT the Community Development Department to file a Notice of Exemption for CEQA
determination on this project.
FISCAL IMPACT
None.
BACKGROUND / REASONS FOR RECOMMENDATION
Zia Zahiri and Mitra Towfighi (Zahiri/Towfighi),the owners of 40 acres of land at 6003 Johnston Rd.
in the Tassajara area, APN 204-110-004, have applied to place the property they own into an
Agricultural Preserve and under a Land Conservation Contract pursuant to the Williamson Act
(Government Code Chapter 7, sections 51200 et seq.).
The subject property is currently being used as an olive orchard. Future plans for the property
include building a single-family residence, a caretaker unit and, potentially, an olive oil mill with
tasting room and a winery with a tasting room. If the olive oil mill and/or winery is built, the owners
are uncertain whether these facilities will be exclusively for their own use or whether their use will
include other growers. They have constructed a tool shed for their orchard thus far, and are in the
process of framing the primary residence. The proposed Land Conservation (Williamson Act)
Contract would apply to the entire 40 acres owned by Zahiri/Towfighi.This contract would reflect the
agricultural and residential uses,and related structures,that are intended for the property consistent
with the County's Williamson Act program. The subject property is zoned A-40, Exclusive
Agricultural District. The uses allowed in an A-40 district are consistent with the uses allowed in the
A-4 Agricultural Preserve District.
The subject property meets the Williamson Act lot size requirement in that it is 40 acres of non-prime
agricultural land. (See California Government Code, Section 51230.1(a), paragraph 1). In addition,
the proposed Land Conservation (Williamson Act)Contract would restrict uses on the land to those
allowed under the contract or those allowed in the A-4, Agricultural Preserve District. Since the
Williamson Act requires a minimum of 100 acres to establish a new Agricultural Preserve, the
Zahiri/Towfighi property, being only 40 acres in size, is not large enough to establish a new
agricultural preserve. The Williamson Act does, however, provide for land area to be added to an
existing Agricultural Preserve when it meets minimum parcel size requirements and it is in
agricultural use.The Zahiri/Towfighi property lies adjacent to existing Agricultural Preserve No.5-72,
consisting of APN 204-050-021, which is a 147.39 acre parcel owned by the Owen Schafer Trust,
and, as described above the Zahiri/Towfighi property is in agricultural use. .
Pursuant to the Williamson (Government Code sections 51231 and 51233), the Board of
Supervisors must conduct a hearing on a proposal to enlarge the size of an agricultural preserve,
and provide notice of this hearing to the Local Agency Formation Commission and to any city within
one mile of the affected agricultural preserve. Notice of a hearing to add the Zahiri/Towfighi property
to Agricultural Preserve No. 5-72 has been lawfully given to the landowners within the affected
agricultural preserve and to the Contra Costa Local Agency Formation Commission. Notice of
February 27,2006
Boar of•Supervisbrs
County File: AP#06-0006
Page 3
hearing to a city was not necessary because the present boundary of Agricultural Preserve No.5-72
and land area to be added to this agricultural preserve is more than one mile from the nearest city.
BACKGROUND/ REASONS FOR RECOMMENDATION- continued
It is recommended that the Board conduct a hearing as required by the Williamson Act; and,
determine that the addition of the Zahiri/Towfighi property to Agricultural Preserve No. 5-72 is
consistent with the requirements and provisions of the Williamson Act. Furthermore, it is
recommended that the Board also determine that the actions associated with placing the
Zahiri/Towfighi property(APN 204-110-004) under a Williamson Act contract are consistent with the
General Plan. The subject property lies within an area designated AL (Agricultural Lands) and is
being used for an agriculture purpose. The establishment of this Williamson Act contract fits the
intent and purpose of the AL designation which is " . . .to preserve and protect lands capable of and
generally used for the production of food, fiber, and plant materials."
Staff further recommends the Board approve Resolution No, 2007/002, copy attached hereto as
Exhibit "A", which authorizes the addition of APN 204-110-004 to Agricultural Preserve No. 5-72,
and approve Resolution No. 2007/025, copy attached hereto as Exhibit "B", which approves Land
Conservation Contract No. 07-0002 with Zia Zahiri and Mitra Towfighi for parcel 204-110-004, and
authorize the Chair to execute said contract.
The actions associated with the establishment of a Land Conservation (Williamson Act) Contract
described above are categorically exempt from the California Environmental Quality Act (2006
CEQA, Divisionl3, Chapter 6, Article 19, Section 15317).
Attachments
Exhibit A: Copy of a Board Resolution No.2002-:adding APN 204-110-004 to Agricultural Preserve
No. 5-72.
Exhibit B: Copy of a Board Resolution No. 2007125;approving Land Conservation Contract No. 07-
0002 for APN 204-110-004 with Zia Zahiri and_Mitra Towfighi
Exhibit C: Map showing location of APN 204-110-004 in Relation to Contra Costa County General Plan
Land Use Designations and Zoning Districts.
GAAdvance Plan ning\cisney\Board Orders\ap07-0002zahiri-towfighi5-72.doc
THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA
Adopted this Order on Tuesday, February 27, 2007 by the following vote:
AYES: 6CdL-z, Vl� lKe,n�, 3�r�: L(,a , G l ovar amcS O i epko
NOES: Aj U-�`�-
ABSENT:
ABSTAIN: RESOLUTIONNO. 2007/Z I
SUBJECT: ADDITION of Land (Parcel 204-110-004) to
Agricultural Preserve 5-72
The Board of Supervisors of Contra Costa County RESOLVES that:
Pursuant to Govermnent Code section 51230 and County Ordinance Code section 810-2.202,
on December 21, 1971,by Resolution No.71/877,the Board of Supervisors established Agricultural
Preserve No. 5-72, covering Assessor's Parcel Number (APN) 204-050-021, which is currently
owned by the Owen Schafer Trust and is covered by Land Conservation Contract No. AP 5-72.
On November 22, 2006,Zia Zahiri and Mitra Towfighi (Owners),the owners of APN 204-
110-004("Property"),filed an application to enter into a new land conservation contract covering the
Property. Upon the filing of the application for a new contract the Community Development
Department determined that for the County to approve and enter into said contract it would be
necessary to add APN 204-110-004 to the nearest contiguous Agricultural Preserve as this Property
is only 40 acres. The Williamson Act requires a minimum of 100 acres for an Agricultural Preserve
so this property in itself was not large enough to meet this requirement. As set forth in the
applications on file with the Community Development Department, the Property is contiguous to
Agricultural Preserve No. 5-72, meets the standards for adding the Property to this preserve pursuant
to the Govermnent Code section 51230, and is consistent with the Contra Costa County General
Plan, as described in the applications and staff report to this Board
Therefore,it is hereby RESOLVED that APN 204-110-004,described in Exhibit A,attached
hereto,owned by Zia Zahiri and Mitra Towfighi,is added to and is included in Agricultural Preserve
No. 5-72.
1 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
JOHN CULLEN,CLERK OF TH ARD OF SUPERVISORS
AND COUNTY ADMININISTRATOR
BY ,DEPUTY
Community Development Department
Contact:James Cisney(925/335-1314)
cc: CA Dept.of Conservation
Office of County Assessor
County Counsel
Owen M.Schafer Trust
Contra Costa LAFCO
G:Wdvance Planning\Cisney\Board Resolutions\Zaluri-AP 07-0002.doc
RESOLUTION 2007�f2
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order ou.February 27, 2007 by the following vote:
AYES: C}� a: a� �,� ll�er��4 13 LLQ ,
NOES: es",--
ABSENT: /V 0-'"
ABSTAIN: 14 6
RESOLUTION NO. 2007/12 5
SUBJECT: LAND CONSERVATION CONTRACT )
AP 07-0002 )
The Board of Supervisors of Contra Costa County RESOLVES that:
1. Parties. BY THIS CONTRACT, made and entered into the 27'x' day of February,
2007,Zia Zahiri and Mitra Towfighi,hereinafter referred to as "Owner,"and the County of Contra
Costa, a political subdivision of the State of California, hereinafter referred to as "County," do
mutually agree and promise as follows:
0
2. Property Description. Owner possesses certain real property located within the
County,which property is presently devoted to agricultural and compatible uses and is particularly
described in Exhibit A, attached hereto and made a part of this contract.
3. Purpose. Both Owner and County desire to limit the use of said property to
agricultural uses and to compatible uses specified in this agreement in order to discourage premature
and umlecessary conversion of such lands from agricultural uses, recognizing that such land has
definite public value as open space and that the preservation of such land in agricultural production
constitutes an important physical, social, aesthetics and economic asset to County to maintain the
agricultural economy of County and the State of California.
4. Intent of Parties: Enforceable Restriction. Both Owner and County intend that the
term, conditions and restrictions of this Contract be in accordance with the California Land
Conservation Act of 1965,as amended,so as to be an enforceable restriction under the provisions of
Division 1,Part 2,Chapter 3,Article 1.5 of the California Revenue and Taxation Code(Rev.&Tax
Code § 421,et. seq.).
5. Intent of Parties: Effect on Property Value. It is the intent of the County and Owner
that this Contract is conditioned upon the continued existence of legislation implementing Article
XIII, § 8 of the California Constitution so the effect of the terms, conditions and restrictions of the
Contract on property values for taxation purposes is substantially as favorable to Owner as the
legislation existing on the last renewal date.
6. Governing Statutes and Ordinances. This Contract is made and entered into pursuant
to the California Land Conservation Act of 1965 (Chapter 7 of Part 1 of Division 1 of Title 5 of the
California Govermnent Code commencing with Section 51200). This Contract further is made
pursuant to and subject to Contra Costa County Ordinance Code,Chapter 84-42 and Chapters 810-2
through 8104,and Resolutions of the Contra Costa County Board of Supervisors Numbers 69-763
and 05-0008.
1
7. Land Use Restrictions. During the term of this Contract or any renewals thereof,the
above described land shall not be used for any purpose, other than the production of food and fiber
and compatible uses as listed in Contra Costa County Ordinance Code Chapter 84-42, which is
hereby incorporated by reference as if fully set forth herein;provided,however,that such additional
agricultural or compatible uses as are set forth in Exhibit B,which is attached hereto and is hereby
incorporated by reference, shall also be permitted subject to the terms and conditions set forth
therein. In case of conflict or inconsistency between the uses allowed in this Contract and those
specified in said zoning ordinance, the provisions of the Contract as set forth in Exhibit B shall
prevail.
8. Modification of Restrictions. The Board of Supervisors of County may from time to
time and during the term of this Contract or any extensions thereof,by amendment to Contra Costa
County Ordinance Code Chapter 84-42, add to those uses listed in said ordinance. Such additional
uses shall be limited to commercial agriculture and compatible uses and be subject to the density
restrictions of Goverment Code § 51220.5. Said board shall not eliminate,without written consent
of the Owner or his successors or assigns, a compatible use during the term of this Contract or any
renewals thereof.
9. Term and Renewal. This Contract shall be effective commencing on the last day of
December, 2006, and shall remain in effect for a period of ten (10) years therefrom.
This Contract shall be automatically renewed and its terms extended for a period of
one (1) year on the last day of December of each succeeding year during the term hereof, unless
notice of non-renewal is given in the manner provided by section 51245 of the Govermnent Code.
At all times during the continuance of this Contract, as from time to time renewed, there shall be a
ten (10) year term of restriction unless notice of non-renewal is given in the maiuier provided by
Section 51245 of the Goverment Code. Under no circumstances shall a notice of renewal be
required of either party to effectuate the automatic renewal of this paragraph.
10. Cancellation. (a) Except as provided in Section 11, the provisions of this Contract
whereby Owner agrees to restrict the use of the land described in Paragraph 2 may be canceled as to
all or a portion of said land by mutual agreement of the County and Owner after a public hearing has
been held in the manner provided by Section 51284 of the Government Code and upon a finding by
the Board of Supervisors that such cancellation is not inconsistent with the purposes of the Land
Conservation Act, or in the public interest, pursuant to Government Code Section 51282. It is
understood by the parties that the existence of an opportunity for another use of said land shall not be
sufficient reason for cancellation of the land use restrictions imposed herein and that the uneconomic
character of the existing use will be considered only if there is no other reasonable or comparable
agricultural use to which the land may be put.
(b)Upon cancellation of said portions of this Contract,Owner shall pay to the County
Treasurer, as deferred taxes,a cancellation fee in an amount equal to the greater of twelve and one-
half(12 1/2%)percent or the current fee provided by state law of the cancellation value of the property
being released from the terms of this Contract. Said cancellation value shall be determined in
accordance with the provisions of Govermnent Code Section 51283 (a) and (b). Under no
circumstances shall the payment of said cancellation fee be waived,deferred,or made subject to any
contingency whatever.
(c) Final cancellation shall be effectuated in accordance with the provisions of
Government Code Section 51283.4.
11. Cancellation Upon Substitution of New Restrictions.This Contract may be canceled
by mutual agreement of County and Owner without payment of deferred taxes or public hearing if it
is replaced by an enforceable restriction authorized by Article XIII, § 8 of the California
Constitution.
12. Eminent Domain Proceedings. (a) In accordance with the provisions of the
Government Code Section 51295, incorporated by reference herein,upon the filing of any action in
eminent domain for the condemnation of the fee title of the land or any portion thereof subject to this
Contract or upon acquisition of such land in lieu of eminent domain by public agency for a public
improvement,the provisions of this Contract shall be null and void as to the land so condemned or
2
A? s o 0 ?/a s
acquired.
(b) If, subsequent to the filing of an action in eminent domain, the proposed
condemnation is abandoned as to all or a portion of the land subject to the Contract,the restrictions
on land use set forth in this Contract shall, without further agreement of the parties herein, be
reinstituted and the terms of this contract shall be in full force and effect,subject to the cancellation
provisions of Govermllent Code Section 51295.
13. Remedies for Breach of Contract. (a) hn the event that Owner fails to comply with the
terms and conditions of this Contract and the effect of said breach is to render the land or a
substantial portion thereof unfit for agricultural use,thereby negating the purpose and effect of this
Contract, Owner shall pay to the County a sum equal to One Hundred Per Cent (100%) of the
equalized assessed value of the real property described in Exhibit A, as established by the County
Assessor on the lien date next following the date of breach, as liquidated and agreed damages, it
having been agreed that actual damages will be impractical and extremely difficult to ascertain and
that said measure of damages is a reasonable measure of the harm which would result from such
failure of compliance. If, after the date the Contract was initially entered into, the publicly
amiounced county ratio of assessment to full cash value is changed,the percentage payment in this
subdivision shall be changed so no greater percentage of full cash value will be paid than would have
been paid had there been no change of ratio.
(b)It is understood that nothing herein contained shall constitute a waiver of any right
which the County may now or in the future have to seek specific performance of this Contract or
other injunctive relief. The enforcement provisions of the Contra Costa County zoning ordinance
shall also apply if the land which is the subject of this contract is used for purposes other than those
provided in Ordinance Code Chapter 84-42 or this Contract.
14. Effect of Division of Property. Owner agrees that division of the property described
in Exhibit A into two (2) or more parcels,whether by sale, gift,by operation of law or by any other
means, upon a finding by the Board of Supervisors that said division is detrimental to the ultimate
reservation of said property for exclusive agricultural use be construed b the Count as notice of
p p p Y g � Y Y
non-renewal by the property owner as provided in Section 9 of this Contract.
15. New Contracts Upon Division. In the event the land under this Contract is divided,a
Contract identical to the Contract then covering the original parcel shall be executed by Owner on
each parcel created by the division at the time of the division. Any agency making an order of
division or the County which has jurisdiction shall require, as a condition of the approval of the
division,the execution of the Contracts provided for in this section,provided,however,that failure
of Owner to execute Contracts upon division shall not affect the obligations of the heirs, successors
and assigns of Owner as established in Section16.
16. Contract to Run with Land. The within Contract shall run with the land described
herein, and upon division, to all parcels created therefrom, and shall be binding upon the heirs,
successors, and assigns of the Owner.
17. Consideration. Owner shall not receive any payment from County in consideration of
the obligations imposed hereunder, it being recognized and agreed that the consideration for the
execution of the within Contract is the substantial public benefit to be derived therefrom and the
advantage which will accrue to Owner as a result of the effect on the method of determining the
assessed value of land described herein and any 'reduction therein due to the imposition of the
limitations on its use contained herein.
18. Income and Expense Information. The Owner shall annually furnish the County
Assessor with such information as the Assessor may require to determine the valuation of the
Owner's land.
19. Effect of Removing Preserve or Zoning Classification. Removal of any land under
this Contract from an agricultural preserve or removing the agricultural preserve zoning
classification thereof shall be the equivalent of notice of non-renewal by the County for purposes of
Section 422 of the Revenue and Taxation Code.
3
/`e, 6 aov71;2S
ATTEST: COUNTY OF CONTRA COSTA
JOHN CULLEN, County Administrator
and Clerk of the Board of Supervisors
l
By: B
puty Clerk L4, oard of Supervisors
OWNER
We the undersigned trust deed or other encumbrance holders do hereby agree to and agree to be
bound by the above-imposed restrictions.
Approved as to Form:
Silvano B. Marchesi, County Counsel
By:
Deputy County Counsel
NOTE: All signatures for Owner must be acknowledged.
4
CONTRA COSTA COUNTY LAND CONSERVATION CONTRACT NO. AP-07-0002
EXHIBIT A
PROPERTY DESCRIPTION
Pursuant to Paragraph 2 of the Land Conservation Contract to which thus exhibit is attached,the land
described below is designated as the subject of said Contract. Said land is described as follows:
That real property located in the County of Contra Costa, State of California, more
particularly described as follows: The legal description to said property is contained
in Schedule 1, consisting of 2 pages, attached hereto and incorporated by reference
herein.
5
CONTRA COSTA COUNTY LAND CONSERVATION CONTRACT NO. AP-07-0002
i
EXHIBIT B
ALLOWABLE LAND USES
Pursuant to the provisions of Section 84-42.402 (2) of the Contra Costa County Ordinance
Code and Paragraph 7 of the Land Conservation Contract, of which this exhibit is made a part, the
land uses and structures described below are authorized without a land use permit subject to the
terms and conditions set forth below. Said uses and structures shall be in conformance to those
authorized by Section 84-42.402(1)and Section 84-42.404 but shall be subject to Section 84-42.602
through Section 84-42.1402 of Chapter 84-42 of the County Ordinance Code.
1. ExistingNon-conforminp_ Structures
The following non-conforming structures are permitted,subject to the provisions of County
Ordinance Code Chapter 82-8:
None.
2. Existing Conforming Structures
Tool shed, utility shed(PG &E)
3. Proposed Structures
Single family residence, caretaker unit, agriculture related storage structure(s), olive oil mill
with tasting room, winery with tasting room.
4. Existing Land Use
Olive orchard.
5. Proposed Land Use
Olive orchard and vineyard.
6. Existing Use Compatible with Agricultural Use
Olive orchard.
7. Proposed Use Compatible with Agricultural Use
Olive orchard and vineyard.
GAAdvance Plamwing\Cisney\Board Resolutions\Zahiri-AP 07-0025.doc
s
RESOLUTION 2007/;5
6
Order No. 14380 - A
SCHEDULE 1
PARCEL ONE:
Parcel D of Parcel Map filed May 22, 1975 Book 38, page 3, Contra Costa County Records.
Excepting therefrom:
1. That portion of Parcel D, granted in the deed to Contra Costa County recorded June 13,
1975, Book 7536 Official Records, page 83, Contra Costa County Records.
2. That portion of Parcel D lying within Subdivision 5736, filed September 29, 1981 Book 258 of
maps, page 3, Contra Costa County Records.
3. That certain property known as Subdivision 6696, filed June 29, 1989, Book 334 of Maps,
page 48, Contra Costa County Records.
4. That portion of Parcel D, granted in the Deed to George Hites and Andras A. Hites, recorded
May 18, 1998, Series No. 98-109883.
PARCEL TWO:
An easement (not to be exclusive) as an appurtenance to Parcel One above for use as a
roadway for vehicles of all kinds, pedestrians and animals, and as a right-of-way for water, gas,
oil and sewer pipe lines, and for television, telephone, electric light and power lines, together
with the necessary poles or conduits to carry said lines over the area designated as, Bruce
Drive PVT DR and P.U.E. on the map of said Subdivision 5736 and .6696.
Assessors Parcel No: 204-110-004-7
Assessors's Parcel No. 204-110-039
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NOTICE OF A PUBLIC HEARING BEFORE THE
CONTRA COSTA COUNTY BOARD OF SUPERVISORS
ON PLANNING MATTERS
TASSAJARA AREA
NOTICE is hereby given that on Tuesday,February 27, 2007, 10:00 AM,in the County Administration
Building, 651 Pine Street,Room 107 (Corner of Pine and Escobar Streets),Martinez, California,the
Contra Costa County Board of Supervisors will hold a public hearing to consider the following planning
matter:
Proposal to add APN 204-110-004 to Agricultural Preserve No. 5-72, and approve new
Land Conservation Contract No. 07-0002 for APN 204-110-004, located at 6003 Johnston
Road, Tassajara area, with Zia Zahiri and Mitra Towfighi (County File: AP#06-0006)
(District III)
The location of the subject property is within the unincorporated territory of the County of Contra Costa
County, State of California, generally identified below(a more precise description may be examined in
the Office of the Director of Community Development,County Administration Building,Martinez,
California):
The location of the subject site is 6003 Johnston Rd,Tassajara.Area.
For purposes of compliance with the provisions of the California Environmental Quality Act (CEQA), a
Notice of Exemption for CEQA determination will be issued for this project.
If you challenge the project in court,you may be limited to raising only those issues you or someone else
raised at the public hearing described in this notice, or in written correspondence delivered to the County
at, or prior to, the public hearing.
Prior to the hearing,Community Development Department staff will be available on Tuesday,February
27, 2007, 9:00 AM, in Room 108,Administration Building,651 Pine Street,Martinez,to meet with zi�y
interested parties in order to (1)answer questions; (2)review the hearing procedures used by the Board;
(3) clarify the issues being considered by the Board; and(4)provide an opportunity to identify,resolve, or
narrow any differences which remain in dispute. If you wish to attend this meeting with staff,please call
Patrick Roche, Community Development Department, at(925)335-1242 by 5:00 PM on Monday,
February 26, 2007 to confirm your participation.
Date: February 15, 2007
John Cullen, Clerk of the
Board of Supervisors and
County Administrator
By
Katherine Sinclair,Deputy Clerk
0
0
a
a
Zia Zahiri and Mitra Towfighi
5380 Brookside Ct.
Pleasanton,CA 94588
Gwen Schafer Trust
6351 Johnston Rd.
Pleasanton,CA 94588
BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
AFFIDAVIT OF MAILING
IN THE MATTER OF: Proposal to add APN 204-110-004 to Agricultural Preserve No. 5-72,
and approve new Land Conservation Contract No. 07-0002 for APN 204-110-004, located at 6003
Johnston Road, Tassajara area, with Zia Zahiri and Mitra Towfighi (County File: AP#06-0006)
(District III)
I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a
citizen of the United States, over age 18; and that today I deposited Certified Mail with Contra
Costa County Central Service for mailing by the United States Postal Service in Martinez,
California, first class postage fully prepaid, a copy of the hearing notice, on the above entitled
matter to the following:
Zia Zahiri and Mitra Towfighi
5380 Brookside Court
Pleasanton, CA 94588
Owen Schafer Trust
6351 Johnston Road
Pleasanton, CA 94588
I declare under penalty of perjury that the foregoing is true and correct, at Martinez,
California.
Dated: February 15, 2007
Katherine Sinclair, Deputy Clerk