7.
Consider petition for partial cancellation of Agricultural Land Conservation Contract (Williamson
Act Contract) No. 5834 filed by Dirk Poeschel Land Development Services, Inc. on behalf of
The Gerdts Family Trust dated January 8, 1991, to remove a 2.00-acre portion of a 32.22-acre
parcel from Williamson Act Contract to allow 2.00-acres to be created as a separate parcel for
residential use through a Variance Application (VA) to waive minimum parcel size; and if your
Board is able to make all five required findings listed under Government Code, Section
51282(b), take the following actions: adopt Negative Declaration prepared for Initial Study
7677; and adopt and authorize Chairman to execute Resolution authorizing partial cancellation
of Agricultural Land Conservation Contract No. 5834; and authorize Chairman to execute
Certificate of Tentative Cancellation and approve recording Certificate of Cancellation when all
contingencies and conditions included in Certificate of Tentative Cancellation have been
satisfied (subject parcel is located on south side of Rainbow Route, between Turney Avenue
and Riverbend Avenue, approximately one and a half miles northeast of nearest city limits of
City of Sanger (APNs 333-021-91 and 333-021-92))
CONSIDERED PETITION FOR PARTIAL CANCELLATION OF AGRICULTURAL LAND CONSERVATION
CONTRACT (WILLIAMSON ACT CONTRACT) NO. 5834 FILED BY DIRK POESCHEL LAND DEVELOPMENT
SERVICES, INC. ON BEHALF OF THE GERDTS FAMILY TRUST DATED JANUARY 8, 1991, TO REMOVE A
2.00-ACRE PORTION OF A 32.22-ACRE PARCEL FROM THE WILLIAMSON ACT CONTRACT TO ALLOW
THE 2.00-ACRES TO BE CREATED AS A SEPARATE PARCEL FOR RESIDENTIAL USE THROUGH A
VARIANCE APPLICATION (VA) TO WAIVE THE MINIMUM PARCEL SIZE. CONDUCTED PUBLIC HEARING.
DIRK POESCHEL, REPRESENTATIVE FOR APPELLANT, WAS PRESENT. RECEIVED PUBLIC TESTIMONY.
CLOSED PUBLIC HEARING
A MOTION WAS MADE BY CHAIRMAN MAGSIG, SECONDED BY SUPERVISOR BRANDAU, THAT THIS
MATTER BE ACTED ON AS FOLLOWS: 1) APPROVE PETITION FOR PARTIAL CANCELLATION OF
AGRICULTURAL LAND CONSERVATION CONTRACT (WILLIAMSON ACT CONTRACT) NO. 5834 FILED BY
DIRK POESCHEL LAND DEVELOPMENT SERVICES, INC. ON BEHALF OF THE GERDTS FAMILY TRUST
DATED JANUARY 8, 1991, TO REMOVE A 2.00-ACRE PORTION OF A 32.22-ACRE PARCEL FROM THE
WILLIAMSON ACT CONTRACT TO ALLOW THE 2.00-ACRES TO BE CREATED AS A SEPARATE PARCEL
FOR RESIDENTIAL USE THROUGH A VA TO WAIVE THE MINIMUM PARCEL SIZE; 2) MAKE ALL FIVE
REQUIRED FINDINGS LISTED UNDER GOVERNMENT CODE SECTION 51282(b); 3) ADOPT NEGATIVE
DECLARATION PREPARED FOR INITIAL STUDY 7677; 4) ADOPT AND AUTHORIZE THE CHAIRMAN TO
EXECUTE RESOLUTION AUTHORIZING PARTIAL CANCELLATION OF AGRICULTURAL LAND
CONSERVATION CONTRACT NO. 5834; 5) AUTHORIZE CHAIRMAN TO EXECUTE CERTIFICATE OF
TENTATIVE CANCELLATION AND APPROVE RECORDING CERTIFICATE OF CANCELLATION WHEN ALL
CONTINGENCIES AND CONDITIONS INCLUDED IN CERTIFICATE OF TENTATIVE CANCELLATION HAVE
BEEN SATISFIED; AND 6) INCLUDE THE FOLLOWING CONDITIONS OF APPROVAL: THE APPLICANT
SHALL OBTAIN THE NECESSARY LAND USE APPROVALS TO CREATE THE PROPOSED PARCELS; AND
THE APPLICANT SHALL PAY THE CANCELLATION FEE IN THE AMOUNT OF $31,250.00 AS DETERMINED
BY THE COUNTY ASSESSOR AND CERTIFIED BY THE BOARD OF SUPERVISORS FOR ISSUANCE OF A
CERTIFICATE OF CANCELLATION BY THE BOARD. THE CANCELLATION FEE SHALL BE PAID, AND A
CERTIFICATE OF CANCELLATION ISSUED BY THE BOARD AND RECORDED PRIOR TO RECORDING THE
MAP TO CREATE THE PROPOSED 2.00-ACRE AND 30.22-ACRE PARCELS. IF THE CANCELLATION FEE IS
NOT PAID WITHIN ONE YEAR OF THE ISSUANCE OF THE TENTATIVE CERTIFICATE OF CANCELLATION,
THE CANCELLATION FEE MUST BE RE-COMPUTED BY THE ASSESSOR’S OFFICE AND RE-CERTIFIED BY
THE BOARD OF SUPERVISORS. THE MOTION CARRIED BY THE FOLLOWING VOTE:
5 - Brandau, Magsig, Mendes, Pacheco, and Quintero
Ayes:
Resolution No. 24-264