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File #: 18-1103    Version: 1 Name:
Type: Multi-Item Status: Passed
File created: 10/31/2018 Departments: PLANNING AND BUILDING
On agenda: 12/11/2018 Final action: 12/11/2018
Title: Recommendation to adopt resolutions: A) Denying the appeal of the 2015 County-initiated Notice of Non-Renewal filed by Philomena, LLC, thereby resuming the full effects of the recorded non-renewal until contract expiration on December 31, 2027 for the specified parcels: 081-040-010 and 081-250-010; and B) Upholding the appeal of the 2015 County-initiated Notice of Non-Renewal of Williamson Act contract by Neil and Margaret Young and directing the Planning and Building Department to record a Withdrawal of Notice of Non-Renewal and retaining the specified parcels under Williamson Act contracts: 081-130-020, 081-140-010, 081-170-050, 081-130-030, 081-170-040, and 081-180-010.
Attachments: 1. 20181211_r_Denial Philomena Reso, 2. 20181211_r_Uphold Williamson Reso, 3. 20181211_att_Attachments a-d.pdf, 4. 20181211_att_Marcc0530_Att E
Special Notice / Hearing: None__
Vote Required: Majority

To: Honorable Board of Supervisors
From: Steve Monowitz, Community Development Director
Subject: Public hearing to consider California Land Conservation Act (Williamson Act) Contract Notice of Non-Renewal appeals.
County File Numbers: PLN 2015-00575 (Young)
PLN 2015-00576 (Philomena LLC)

RECOMMENDATION:
title
Recommendation to adopt resolutions:

A) Denying the appeal of the 2015 County-initiated Notice of Non-Renewal filed by Philomena, LLC, thereby resuming the full effects of the recorded non-renewal until contract expiration on December 31, 2027 for the specified parcels: 081-040-010 and 081-250-010; and

B) Upholding the appeal of the 2015 County-initiated Notice of Non-Renewal of Williamson Act contract by Neil and Margaret Young and directing the Planning and Building Department to record a Withdrawal of Notice of Non-Renewal and retaining the specified parcels under Williamson Act contracts: 081-130-020, 081-140-010, 081-170-050, 081-130-030, 081-170-040, and 081-180-010.

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BACKGROUND:
In 2015, the Board of Supervisors authorized the Planning and Building Department (Department) to record a California Land Conservation Act of 1965 (Williamson Act) Contract Notice of Non-Renewal for 46 contracted parcels. The parcels were identified as non-compliant with Williamson Act requirements based on a review of zoning criteria and landowners' responses to the Planning and Building Department and Assessor's Office Agricultural Questionnaire. The Notice of Non-Renewal for these parcels was recorded on October 21, 2015 (effective January 1, 2016).

Pursuant to the Williamson Act, a property owner may file a written protest (appeal) of a County-initiated Notice of Non-Renewal. In filing a written protest, a landowner has up to 3 years to substantiate compliance with the County's Williamson Act Program (Program) in order for the parcel to remain under contract. If evidence of co...

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