Supervisors approve parcel map variance and Williamson Act cancellation for Silva Revocable Trust (PLN2025-0022)

The Stanislaus County Board of Supervisors on Jan. 6 approved a parcel map variance and a partial cancellation of a Williamson Act contract for the Silva Revocable Trust, restoring a historic 5.32-acre home site while keeping the rest of the farm under agricultural protection.

Associate Planner Emily Deanda summarized PLN2025-0022, saying the proposal would subdivide a 107-acre parcel into a 5.3-acre parcel, a 44.22-acre parcel and a 58.08-acre remainder; because the new parcel would be smaller than the 40-acre minimum in A-2/40 zoning, the applicant sought a variance and a partial cancellation of Williamson Act contract number 71-364. Deanda said staff did not take a formal recommendation to the planning commission, which nonetheless recommended approval on a 6-0 vote. A negative declaration under CEQA was prepared and standard conditions were recommended. Deanda said the county assessor valued the 5.3-acre portion at $479,000 and the statutory cancellation fee (12.5% of valuation) was $59,875.

Laurie Silva, the applicant's authorized agent, and trustee Barbara Silva told the board the 5.32-acre Lot 669 was historically a home site dating to 1925 and that a 1980 parcel map inadvertently merged it into a larger farm parcel. "This cancellation threatens no farmland," Laurie Silva said, arguing the remainder parcels would remain in active production under a new Williamson Act contract.

After public comment — including a request from Milt Treeweiler that the board avoid creating a precedent that would erode prime farmland — board members discussed the uniqueness of the parcelization history and a supervisor with farming experience said he could make the required findings. Supervisor Conant had disclosed a Levine Act conflict and did not participate. The board moved and seconded the staff recommendations and approved the project by a 4-0 vote.

The approved actions include the parcel map creating the three parcels, granting a variance to allow substandard parcel size for the 5.32-acre parcel, and partial cancellation of Williamson Act contract 71-364 with the assessor-determined cancellation fee applied. The planning staff will complete ministerial steps set out in the conditions of approval.

The public hearing record notes no opposition at the Planning Commission hearing, and staff indicated no significant environmental impacts were identified in the review. The board's action was limited to the items described in the staff report and public hearing record.