None.The Applicant is responsible for all application processing costs.

Ronald and Shirley Nunn ("Owners") own one legal parcel, approximately 585-acres in size, consisting of Assessor's Parcel Nos. 033-010-016, 003-010-017, 007-140-006, 007-150-017 and 007-150-018 ( collectively the "Property"), in the Brentwood area. The Property is located in Agricultural Preserve 5-74 ( also known as Land Conservation Contract AP5-74), established by the Board of Supervisors on January 28, 1974 by Resolution No. 74/90. The Property is currently restricted under Land Conservation Contract 5-74 and is used for growing olive trees, cherry orchards, and vineyards. There are currently one small house and two barns on the Property. The Owners do not propose any new structures and intend to continue agricultural uses on the Property.  
  
Contra Costa Water District (CCWD) owns adjacent property that it uses for its Old River Pipeline and a transfer facility. As explained in CCWD's letter ( Attachment D), Owners inadvertently planted fruit trees on a small portion of CCWD's transfer facility site. Instead of requiring the removal of the trees, CCWD had agreed to exchange 0.8 acres of the transfer facility site for 0.8 acres of unused agricultural land at the intersection of the CCWD's Old River Pipeline and the County's Vasco Road right-of-way. The exchange would be effectuated by separate lot line adjustments applications which have been submitted to the County ( County files LL15-0019 and LL15-0020 - Attachment A). The Owners request the following: (1) rescind existing Land Conservation Contract 5-74, (2) approve Lot Line Adjustments LL15-0019 and LL15-0020 with CCWD and (3) approve Land Conservation Contract AP16-0002 over the newly configured Property.  
  
These actions will not change the existing use of the Property, or the portion of CCWD's property the Owners have planted and used. The requested actions will adjust the boundaries of the agricultural preserve within which the Property is located. The portions of the Property that will be conveyed to CCWD will be removed from the agricultural preserve, and the land acquired from CCWD will become part of the agricultural preserve. The existing land uses will not change as a result of these actions.  
  
In accordance with Government Code Section 51232 and 51233, at least two weeks before the hearing, notice of this hearing was mailed by First Class U.S. Mail to the Owners, to each owner of land under a Williamson Act contract located within one mile of the Property and to Contra Costa County LAFCO.  
  
Findings in Support of Owner's Requested Lot Line Adjustment  
  
Under Government Code section 51257, an existing Williamson Act contract may be rescinded and replaced with a new Williamson Act contract to facilitate a lot line adjustment under Government Code section 66412, as long as the following seven findings are made. For the reasons explained below, the findings are supported.  
  
(1) The new contract would enforceably restrict the adjusted boundaries of the parcel for an initial term at least as long as the unexpired term of the rescinded contract or contracts, but not less than 10 years.  
  
Land Conservation Contract AP16-0002 would enforceably restrict the adjusted boundaries of the Property for an initial term at least as long as the unexpired term of the rescinded contract, but not less than 10 years.  
  
(2) There is no net decrease in the amount of the acreage restricted.  
  
The Owners will exchange 0.8 acres of their Property for 0.8 acres of CCWD property. Because areas of equal size will be exchanged by the lot line adjustments, the new contract will encumber the same amount of land as the contract being rescinded.  
  
(3) At least 90 percent of the land under the former contract or contracts remains under the new contract.  
  
The approval of these lot line adjustments will remove 0.8 acres of the existing 585-acre Property covered under the Williamson Act contract. Therefore, over 99 percent of land under the current contract will remain under the new contract.  
  
(4) After the lot line adjustment, the parcels of land subject to contract will be large enough to sustain their agricultural use, as defined in Section 51222.  
  
  
The Property is not considered prime agricultural land, so the minimum parcel size of compliance with Government Code section 51222 is 40 acres. The Property will remain one approximately 585-acre parcel after the lot line adjustments are approved.  
  
(5) The lot line adjustment would not compromise the long-term agricultural productivity of the parcel or other agricultural lands subject to a contract or contracts.  
  
The Property will continue to be used for agricultural purposes after the lot line adjustments are approved, and the new Williamson Act Contract encumbers the Property. The proposed actions will not change the existing use of the Property, or affect the long-term agricultural productivity of the Property.  
  
(6) The lot line adjustments is not likely to result in the removal of adjacent land from agricultural use.  
  
The approval of the lot line adjustment does not affect any adjacent land that is being used for agricultural purposes. The approval of the lot line adjustment only affects the Property and CCWD's property.  
  
(7) The lot line adjustment does not result in a greater number of developable parcels than existed prior to the adjustment, or an adjusted lot that is inconsistent with the general plan.  
  
Two parcels will be affected - one owned by CCWD and the Property. After the lot line adjustments, the same two parcels will exist, with slightly adjusted boundaries. The adjusted Property will remain consistent with the Count's General Plan.  
  
C. CEQA Review  
  
These actions are exempt from environmental review under CEQA. The approval of the minor lot line adjustments is exempt from CEQA pursuant to CEQA Guidelines section 15305. The rescission of a Williamson Act contract to accommodate the lot line adjustment will not change the existing land uses, and the approval of the new Williamson Act contract that will encumber the Property are exempt from CEQA under CEQA Guidelines sections 15317 and 15061 (b) (3).

If the Board does not approve the Lot Line Adjustments and the amendment to the Williamson Act the exchange of 0.80-acres between CCWD and the Nunns would not occur.

CLOSED the public hearing; FOUND the proposed actions are consistent with the Williamson Act and the County's Williamson Act Program;

 ADOPTED Resolution No. 2016/548 to:  

A. ADOPT the seven (7) findings listed in Section B of this Board Order;   B. RESCIND the existing Land Conservation Contract No. 5-74 as to one legal parcel approximately 585 acres in size, comprised of Assessor's Parcel Nos. 003-010-016, 003-010-017, 007-140-006, 007-150-017 & 007-150-018;    C. APPROVE Lot Line Adjustments LL15-0019 and LL15-0020, which adjust the boundaries of Agricultural Preserve 5-74;    D. APPROVE Land Conservation Contract AP16-0002 covering the newly configured parcel.   E. FIND the proposed actions are exempt from the California Environmental Quality Act (CEQA) under California Code of Regulations, Title 14, Sections 15305, 15317, and 15061 (b) (3);

 F. DIRECT the Director of Conservation and Development, or his designee, to record on the deed for the reconfigured property Lot Line Adjustments LL15-0019 and LL15-0020, record Resolution No. 2016/548, and record Land Conservation Contract AP16-0002, with the County Clerk Recorder,and forward copies of the recorded documents to the California Department of Conservation, and the County Assessor's Office.    G. DIRECT the Director of Conservation and Development, or his designee, to file a CEQA Notice of Exemption with the County Clerk Recorder; and

AUTHORIZED the Chair of the Board of Supervisors to execute, on behalf of the County, Land Conservation Contract AP16-0002 with Owners Ronald and Shirley Nunn.