Agenda

Return

C.58

To:	Board of Supervisors
From:
Date:	February 14, 2012

Contra

Costa

County

Subject:

Williamson Act Contract / Rescind Land Conservation Contract No. 14-70 and approve Land Conservation Contract AP11-0004

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 02/14/2012

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Mary N. Piepho, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

ABSENT:

Gayle B. Uilkema, District II Supervisor

Contact:

John Oborne, 925-335-1207

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: February 14, 2012
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

1. FIND that the proposed actions are consistent with the Williamson Act and the County's Williamson Act Program.


2. FIND that the proposed second residence is consistent with the Williamson Act's principles of compatibility found at Government Code section 51238.1, subdivision (a).

RECOMMENDATION(S): (CONT'D)

3. ADOPT Resolution No. 2011/408 which would (1) RESCIND the existing Land Conservation Contract No. 14-70 as to the parcel commonly identified as APN 208-220-017 and (2) APPROVE the proposed Land Conservation Contract No. AP11-0004 for said parcel between the County and the current owner of the property, Kathryn R. Stewart to authorize a second single family residence on the parcel.

4. AUTHORIZE the Chair of the Board of Supervisors to execute Land Conservation Contract No. AP11-0004.

5. DIRECT the Department of Conservation and Development to record Resolution No. 2011/408 and Land Conservation Contract No. AP11-0004 with the County Recorder and forward a copy to the California Department of Conservation and the Office of the County Assessor.

6. DETERMINE that the proposed actions are exempt from the California Environmental Quality Act CEQA Regs, Sections 15317, (Class 17) and 15061 (b) (3).

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

FISCAL IMPACT:

None. The applicant pays 100% of the application fee.

BACKGROUND:

Kathryn R. Stewart, owns a 258 acre property commonly known as Assessor Parcel No. 208-220-017 described in Attachment A. The parcel is located in Agricultural Preserve No. 14-70 , established on March 9, 1970, by Board Resolution No. 69/809 between the County and Karl and Louise Maier . The Property is currently restricted under Land Conservation Contract No. 14-70.

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.

Owner intends to continue agricultural uses on the Property. There is currently a single family residence on the property. The new contract will allow for the establishment of an additional single-family residence with a detached garage for the Owner's daughter and her family. The Owner desires to rescind the existing Land Conservation Contract No. 14-70 for this Property for the purpose of entering into a new Land Conservation Contract No. AP11-0004, which will allow for an additional single family residence with a detached garage.

The new home would be incidental to the primary agricultural use of the Property and would not conflict with ongoing agricultural uses. The approval of the second single-family residence is consistent with the Williamson Act's principles of compatibility under Government Code section 51238.1 (a) in that it would not significantly compromise the long-term productive agricultural capability of the land nor would it displace or impair current or reasonably foreseeable agricultural operations on this contracted land or parcels on other contracted land. The approval of a second single-family dwelling therefore would be consistent with the intent and purpose of the Williamson Act and County Code ( Chapter 84-42).

The actions associated with the establishment of a Land Conservation Contract under the Williamson Act are categorically exempt from environmental review under the California Environmental Quality Act (CEQA Regs, Section 15317, Class 17). Further, the rescission of the existing Land Conservation Contract and approval of the new Land Conservation Contract that authorizes the construction of a new single-family residence on the Property will not cause a significant effect on the environment because it only will authorize uses of the property that will not have a significant effect on the environment ( see CEQA Regs 15061 (b) (3), 15317(Class 17).

CONSEQUENCE OF NEGATIVE ACTION:

If the Board does not rescind Land Conservation Contract No. 14-70 and approve Land Conservation Contract No. AP11-0004 the land owner would not be able to build an additional single-family residence and detached garage on the property.

CHILDREN'S IMPACT STATEMENT:

N/A