CALAVERAS COUNTY BOARD OF SUPERVISORS AGENDA SUBMITTAL
Short Name/Subject
2015-061 ZA for Beatty, Lawlor, Parker
Dept:
Planning
Contact: Peter Maurer
Phone:
209/754-6394
Board Meeting Date
December 22, 2015
Supervisorial
District Number
District 2
Published Notice Required? Yes
Public Hearing Required? Yes
Type of Document?Ordinance
PowerPoint Presentation Included?No
Budget Transfer Included (Must be signed by Auditor)? No
Complete Agreement Required?No
Position Allocation Change?No
Agenda Number
3
Regular Agenda
Estimated Time:
0 Minutes
RECOMMENDATION:
Approve Zoning Amendment 2015-061 from U (Unclassified), A1-60 (General Agriculture - 60
acre minimum parcel size) and A1 (General Agriculture) to AP (Agriculture Preserve) for for
Beatty, Lawlor, Parker
DISCUSSION/SUMMARY:
Paul Beatty, Debra Lawlor and Bruce Parker filed an application to establish Ag
Preserve No. 347 for 251.14 acres of land located at 10975 Spring Gulch in Mountain
Ranch.
In conjunction with the Ag Preserve, the subject property must be rezoned
from the current U (Unclassified), A1-60 (General Agriculture – 60 acre minimum parcel
size) and A1 (General Agriculture) zone districts to the AP (Agriculture Preserve) zoning
signifying the land is restricted by the Williamson Act.
The purpose of the AP zone is to protect and preserve lands for intensive agriculture
and ranching production. Agriculture preserve zoning applies to lands for which a
Williamson Act contract has been executed. All of the listed permitted and conditional
uses allowed in the AP zone compatible with the intent of the Land Conservation Act for
lands under a Williamson Act Contract.
The subject property is currently designated in the County General Plan as Natural
Resource Lands, Timberland. The AP zone is consistent in all the land use
classifications. General Plan goals and policies allow for resource production lands to
remain available for agriculture and rural uses by encouraging Williamson Act contracts
on lands designated outside of Community Centers. The subject property being of
251.14 acres cumulatively, meets the minimum 50 – 100 acre standard requirement for
lands to be placed under the restriction of an Ag Preserve.
The property to be re-zoned is comprised of APN: 020-009-038, 039 & 070 and located
in portions of Section 19 & 20, T05N, R13E, MDM. The parcels are approximately 3.4
miles northwest of the town site of Mountain Ranch, ½ mile from the intersection of
Worden Road and Whiskey Slide Road.
ENVIRONMENTAL REVIEW: The Planning Department will file a Notice of Exemption
in compliance with the California Environmental Quality Act (CEQA). Listed under
Article 19, Categorical Exemptions, Section 15317, Open Space Contracts or
Easements, exempts from CEQA the establishment of agricultural preserves, the
making and renewing of open space contracts under the Williamson Act.
CONCLUSION: The application for new Ag Preserve was discussed by the Agriculture
Advisory Committee on September 30, 2015. The Committee, including Kevin Wright,
Calaveras County Agriculture Commissioner, voted 5-0-0-0 recommending the Board of
Supervisors approve Ag Preserve No. 347. In addition, on December 3, 2015, the
Calaveras County Planning Commission voted to recommend approval of the zoning
amendment. Based on the County Planning Commission, the Agriculture Advisory
Committee and Agriculture Commissioner’s recommendations, including findings in this
report, planning staff supports the approval of California Land Conservation Contract
No. 347 for Paul Beatty, Debra Lawlor and Bruce Parker on the 251.14 acres of land
described in this report and re-zoning necessary to identify the land being restricted by
contract.
FINANCING:
An application Fee of $602.00 was collected by the Agriculture, Weights & Measures
Department. Property taxes are decreased on contracted land. This only covers the
costs of the Agriculture, Weights & Measures Department and not the time necessary
for Planning Department staff to prepare the Board packet. Planning staff costs are
covered by the General Fund. Property taxes are decreased on contracted land.
ALTERNATIVES:
Denying the zoning amendment would be inconsistent with the establishment of a new
contract.
OTHER AGENCY INVOLVEMENT:
Calaveras County Agriculutre, Weights and Measures
APPROVED BY:
BOARD OF SUPERVISORS, COUNTY OF CALAVERAS
STATE OF CALIFORNIA
December 22, 2015
Ordinance
No. (ID # 1785)
PROJECT:
AMEND THE ZONING OF APN: 020-009-038, 020-009039 AND 020-009-070 FROM U (UNCLASSIFIED), A1-60
(GENERAL AGRICULTURE - 60 ACRE MINIMUM PARCEL
SIZE) AND A1 (GENERAL AGRICULTURE) TO AP
(AGRICULTURE PRESERVE) FOR THE PURPOSE OF
ESTABLISHING AGRICULTURE PRESERVE NO 347.
2015-061 ZA & APC for Paul Beatty, Debra Lawlor and Bruce Parker
THE BOARD OF SUPERVISORS OF THE COUNTY OF CALAVERAS DOES ORDAIN
AS FOLLOWS:
SECTION I: The Board of Supervisors finds:
1. On the basis of the whole record, there is no substantial evidence that the project as
designed and conditioned will have a significant effect on the environment. A Notice
of Exemption has been prepared in accordance with the California Environmental
Quality Act (CEQA).
Evidence: Article 19, Categorical Exemptions, Section 15317, Open Space
Contracts or Easements, exempts from CEQA the establishment of agricultural
preserves and the making and renewing of open space contracts under the
Williamson Act. The AP zone is to protect and preserve lands for intensive
agriculture and ranching production and applies to lands for which a Williamson Act
contract has been executed. The AP zone restricts land from commercial, industrial
and residential development. Therefore, re-zoning the property for this purpose has
no negative effect on the environment.
2. The proposed Zoning Amendment is consistent with the County’s General Plan and
applicable policies of the Calaveras County Zoning Code, Title 17 for Agriculture
Preserve.
Evidence: The Calaveras County General Plan designates the subject property as
Natural Resource Lands, Timberland. The purpose of the AP zone is to protect and
preserve lands for intensive agriculture and ranching production. AP zoning applies
to lands for which a Williamson Act contract has been executed. The AP zoning is a
resource zone, found to be consistent in all land use designations described in the
County General Plan. Cumulatively, the parcels meet the minimum parcel size
requirement of 50 acre in the AP zone district as well as the 100 acre minimum for
the Williamson Act. The landowners estimate their annual income from all their
production as being approximately $6,560.00. A feasibility study for the subject
property completed by the County Farm Advisor estimates the land is capable of
producing an annual gross income of $68.90 / acre, exceeding the minimum
$2,000.00 annual income required to be in the Ag Preserve. This application
proposed a new contract comprising of 251.14 acres.
3. The proposed Zoning Amendment is consistent with neighboring and adjacent land
uses and zoning.
Evidence: The subject property is located in an area of Calaveras County commonly
in agriculture production. The vast majority of land owners in this area have land
zoned General Agriculture. Large acres of open space are utilized for livestock
grazing and farming activities. The proposal is found consistent with the neighboring
properties and land uses.
SECTION II
The Zoning Ordinance, Title 17, of the Calaveras County Code is hereby amended
to change the zoning district of certain real property in the unincorporated portion of
the County of Calaveras, more particularly described as a portion of APN: 020-009038, 039 & 070 from U (Unclassified), A1-60 (General Agriculture - 60 acres
minimum parcel size) and A1 (General Agriculture) to AP (Agriculture Preserve).
SECTION III:
This Ordinance shall take effect and be in force at the expiration of thirty (30) days
after its passage, and it shall become effective on the 15th day of December 2015,
and before the expiration of fifteen (15) days after its passage, it shall be published
in the County of Calaveras.
Exhibit “A”
ON A MOTION by Supervisor seconded by Supervisor , the foregoing resolution was
duly passed and adopted by the Board of Supervisors of the County of Calaveras, State of
California this 22nd day of December, 2015, by the following vote:
______________________________
Chair
ATTEST
_______________________________
Clerk of the Board of Supervisors of the
County of Calaveras