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.
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).
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.