Planning Commission backs Williamson Act cancellation to allow 2-acre lot adjustment for Miller family in Linden

The San Joaquin County Planning Commission voted to forward a recommendation to the Board of Supervisors to cancel part of a Williamson Act contract so a 2-acre lot line adjustment can proceed on property in Linden, staff said at the meeting.

Lisa Goulart, associate planner, told the commission the request would remove a 2-acre portion from a 20.94-acre parcel under an existing Williamson Act contract to facilitate a lot line adjustment between two parcels. "The lot line adjustment would result in a 19.09 acre parcel and a 2 acre parcel," Goulart said. She said a notice of nonrenewal also has been filed for the 2 acres.

Staff explained that the original Williamson Act contract for the property dates to 1969 and that a 2020 certificate of compliance recognized a 0.15-acre parcel as legally separate but was not removed from the contract at that time. Goulart said parcels subject to the Williamson Act must meet a minimum size of 10 acres after a lot line adjustment or be removed from contract. She told the commission a cancellation fee must be paid equal to 12.5% of the property valuation as determined by the county assessor and certified by the Board of Supervisors; in this case staff reported the cancellation fee was calculated at $25,000.

Goulart said staff recommends making the first required finding that the cancellation is consistent with the purposes of the Williamson Act and recommended that the planning commission forward the project to the Board of Supervisors with the staff recommendations in the project report.

Joe Murphy of Dillon and Murphy, representing the Miller family, said the applicants are a "multi generational farming family in the Linden community" and that they are not developers but are seeking to "realign some existing lots to create a more buildable lot." Murphy identified David Miller, Richard Miller and Tim Miller as family members in attendance.

No members of the public spoke in favor or opposition during the public-hearing period, and no commissioners asked questions of staff. The commission then moved, seconded and approved the recommendation to forward the Williamson Act contract cancellation (PA2300137) and lot line adjustment (PA2500077) to the Board of Supervisors with staff recommendations; the motion passed by unanimous vote of those present.

The action will next appear before the San Joaquin County Board of Supervisors, where the assessor-certified valuation and the required cancellation fee calculation will be finalized and where a formal cancellation decision will be made.