Agenda

Return

C.57

To:	Board of Supervisors
From:	Catherine Kutsuris, Conservation & Development Director
Date:	May 12, 2009

Contra

Costa

County

Subject:

Request Approval of Land Conservation Contract No. 08-0005, Caspar, Owner

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 05/12/2009

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Gayle B. Uilkema, District II Supervisor
Mary N. Piepho, District III Supervisor
Susan A. Bonilla, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:	John Oborne, 335-1207
cc:	CAO County Counsel CA Dept. of Conservation Assessor Owner/Caspar Department of Conservation & Development

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: May 12, 2009
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

1. ADOPT Resolution No. 2009/94 Approving Land Conservation Contract No. 08-0005 for the parcel commonly identified as APN 001-041-060 with Jo Ann G. Caspar, Trustee Caspar Marital Trust Dated December 15, 1986 (Owner).


2. AUTHORIZE the Chair to execute Land Conservation Contract No. 08-0005.

RECOMMENDATION(S): (CONT'D)

3. DIRECT the Department of Conservation & Development to record the above resolution with the County Recorder and to forward copies to the California Department of Conservation and the Office of the County Assessor.

4. DETERMINE that the proposed actions are categorically exempt from the California Environmental Quality Act (CEQA Regs, Section 15317, Class 17).

5. DIRECT the Department of Conservation & Development to file a Notice of Exemption under CEQA with the County Clerk.

FISCAL IMPACT:

None, the applicant is responsible for all application costs.

BACKGROUND:

Jo Ann G. Caspar, Trustee Caspar Marital Trust Dated December 15, 1986 ("Owner") owns that property, commonly known as APN 001-041-060 ("Property") and described in Exhibit A, and has applied to place the property into a new Land Conservation Contract.

The parcel is located in Agricultural Preserve No 13-77, established on February 8, 1977, by Board Resolution No. 77/130. The parcel is currently restricted under Land Conservation Contract No. 13-77, also approved on February 8, 1977 by Resolution No. 77/130 between the County and Leroy and Rhoda Simonich. The owner has applied to rescind that portion of Land Conservation Contract No. 13-77 affecting the Property and to enter into a new Land Conservation Contract.

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 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.

Owner intends to continue agricultural uses on the property, but requests her own separate contract that allows for the establishment of a single-family residence and a 5,000 square foot building for the storage of agricultural equipment. Owner desires to rescind the existing Land Conservation Contract No. 13-77 only for her property for the purpose of entering into a new Land Conservation Contract.

The new residence and agricultural building would be incidental to the primary agricultural use of the property, would not conflict with ongoing agricultural uses, and thus are consistent with the intent and purpose of the Williamson Act and the County Code (Chapter 84-42 and Chapters 810-2 through 810-4).

The parcel is 21.6-acres in size and is not prime agricultural land. The parcel was created by Subdivision 7535, approved by the Board of Supervisors on November 6, 1990, subdividing 455 acres into twenty separate parcels of non-prime land (County File: SD#7535). In approving Subdivision 7535, the Board found that the lots created were not too small to sustain agricultural uses. (See Board Order of November 6, 1990, adopting findings of the East County Regional Planning Commission as set forth in Resolution No. 67-1990, copies attached as Exhibit B).

The actions associated with the establishment of a Land Conservation (Williamson Act) Contract are categorically exempt from the California Environmental Quality Act (CEQA Regs, Section 15317, Class 17).