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Home My WebLink AboutMINUTES - 02122002 - C93 m TO: BOARD OF SUPERVISORS , Contra FROM: DENNIS M. BARRY, AICP V...�.. Costa COMMUNITY DEVELOPMENT DIRECTOR ,, County DATE: FEBRUARY 12, 2002 SUBJECT: APPROVE AN AMENDMENT TO LAND CONSERVATION CONTRACT NO.13-77 WITH MARTIN M.ENOS TRUST(da FIVE STAR VINEYARDS)AFFECTING APN: 001-041-051 TO ALLOW FOR A MODULAR HOME FOR AGRICULTURAL LABOR HOUSING AND AN AGRICULTURAL EQUIPMENT STORAGE SHED SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS ADOPT resolution approving an amendment to "Exhibit B" under Land Conservation Contract No.13-77 with the Martin M. Enos Trust (dba Five Star Vineyards) for APN: 001- 041-051, to allow for a modular home for agricultural labor housing and an agricultural equipment storage shed,and AUTHORIZE the Chair to execute said amendment for Land Conservation Contract No.13-77, FISCAL IMPACT None. CONTINUED ON ATTACHMENT: &WIN --)L YES SIGNATURE�ie . —,iR"EZOMMENDATION OF COUNTY ADMINISTRATOR �RECOMMENDATION OF BOARD COM ITTEE 'APPROVE OTHER r SIGNATURES ACTION OF BO N February I2,, 002 APPROVED AS RECOMMENDED xx OTHER VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE AND X UNANIMOUS(ASSENT roue ) CORRECT COPY OF AN ACTION TAKEN AND AYES:. _ NOES: ENTERED ON THE MINUTES OF THE BOARD OF ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN Contact: P.Roche,CDD-AP(925)335-1242 ATTESTED February 12, 2nn2 cc: Community Development Dept. JOHN SWEETEN, CLERK OF THE BOARD OF CAC? SUPERVISORS AND COUNTY ADMININISTRATOR County Counsel County Assessor(via CDD) CA Dept.of Conservation (via CDD) BY , DEPUTY Marlin M. Enos Trust(via CDD) February 12, 2002 Board of Supervisors County File: AP#13-77 Page 2 BACKGROUND/REASONS FOR RECOMMENDATIONS The Martin M. Enos Trust (dba Five Star Vineyards) is the owner of APN: 401-041-051 located along Bruns Road in the Byron area has requested an amendment to Land Conservation Contract No.13-77. APN: 001-041-051 is one of several parcels that was placed under Land Conservation Contract No.13-77 which was established on February 8, 1977 between the County and the then owners, Frank Bettencourt and Leroy Simonich. The Martin M. Enos Trust is now the owner of APN: 001-041-051, and therefore the successor to Land Conservation Contract No.13-77. The purpose of the amendment requested by the current owner is to replace"Exhibit B", entitled"Allowable Land Uses",so that two new proposed structures, including modular residence for agricultural labor housing and an agricultural equipment storage shed, can be listed under the subheading "3. Proposed Structures". The 'Williamson Act Program through the Land Conservation Contract places certain restrictions on land uses and structures for property under contract. The contract provides for a process to amend a contract by mutual agreement between the parties provided that the amendment is consistent with the intent and purpose of Williamson Act program. The amendment proposed by the Martin M.Enos Trust(dba Five Star Vineyards) proposes to identify two new structures, a modular residence for agricultural labor housing and an agricultural equipment storage shed. These structures would be incidental to the primary agricultural use of the property,and thus consistent with the intent and purpose of the County's Williamson Act Program. Attached is a copy of the proposed amendment to Land Conservation Contract No. 13-77. It is recommended that the Board adopt by resolution the amendment to Land Conservation Contract No. 13-77, as attached, which would amend and replace "Exhibit B" entitled "Allowable Land Uses", and authorize the Chair to execute this amendment with the Martin M. Enos Trust (dba Five Star Vineyard). THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA Adopted this Order on Tuesday, February 12, 2002 by the following vote: AYES: Supervisors Uilkema, Gerber, beSaulnier, Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2002/79 SUBJECT: AMEND Exhibit "B" to existing ) Land Conservation Contract No. 13-77 ) To allow for a Modular Home for Agricultural Labor Housing ) And an Agricultural Equipment Shed ) The Board of Supervisors of Contra Costa County RESOLVES that: On February 8, 1977, the Board of Supervisors adopted Resolution No. 77/130 which authorized the Chairman of the Board to execute Land Conservation Contract No. 13-77 with Mr. Frank Bettencourt and Mr. Leroy Simonich, and said contract was subsequently executed by the Board Chair, and recorded affecting several parcels in the Byron area, including Assessor Parcel Number 001-041-051. The Martin M. Enos Trust(doing business as Five Star Vineyards) is now the owner of Assessor Parcel Number 001-041-051, has filed a letter to the Community Development Department requesting to amend Land Conservation Contract No. 13-77 to allow for new proposed structures, including a modular residence for agricultural labor housing and an agricultural storage shed. RESOLVED, pursuant to Section 51253 of the California Government Code, the Board of Supervisors AMENDS Land Conservation Contract No. 13-77, as attached hereto, and AUTHORIZES the Board Chair to execute a contract amendment for Land Conservation Contract No. 13-77, with the Martin M. Enos Trust. The Board further DIRECTS the Community Development Department to forward a copy of an executed version of the contract amendment for Land Conservation Contract No. 13-77, to the State of California Department of Conservation and the Office of County Assessor, Contra Costa County. Orig. Dept.: Community Development Department i hereby certify that this is a true and correct of an Contact: Patrick Roche(925/335-1242) minutes of the iBo rd of Supervisors on on taken and entered on the cc: CA Dept. of Conservation date shown the Office of County Assessor, Contra Costa Co. ATTESTED. dboardresolutionapl3.77contractarmnd JOHN Sw6irTEi , PR Clerk b the Board of Supervisors end �+4d�eurr Ad initor By Deputy RESOLUTION 2002/19 Amendment to Land Conservation Contract No. 13-77 BY THIS AMENDMENT, made and entered into the 12 of,at ,v, 2002, Martin M. Enos Trust (dba Five Star Vineyards), herein after referred to as "OWNER", and the County of Contra Costa, hereinafter referred to as "COUNTY",do mutually agree as follows: 1. Exhibit"B" entitled"Allowable Land Uses"to Land Conservation Contract No.13-77 between OVYI ER and COUNTY,entered into on the 8a' of February, 1970,is hereby amended and replaced as follows: EXHIBIT B ALLOWABLE LAND-.ND USES Pursuant to the provisions of Section 84-42 .402 (2) of the Contra Costa County Ordinance Code and Paragraph 7 of the Land Conservation Contract, of which this exhibit is made a part, the land uses and structures described below are authorized without a land use permit subject to the terms and conditions set forth below. Said uses and structures shall be in conformance to those authorized by Section 84-42 .402 (1) and Section 84-42 .404 but shall be subject to Section 84-42 .602 through Section 84-82 .1402 of Chapter 84-42 of the County Ordinance Code. 1. sting Non-conforming Structures The following non-conforming structures are permitted, subject to the provisions of County Ordinance Code Chapter 82-8: .None (APN: 001-040-051) . 2 . Existing Conforming Structures .None (APN: 001-040-051) . 3 . Proposed Structures One modular home for agricultural .labor housing and an agricultural storage shed. 4 . Existing sand Use Grazing and cultivated crops (APN: 001-04Q- 051) . 5. Proposed Land Use Grazing and cultivated crops (APN: 001-040-051) . 1 4 2. It is the intention of the parties,by this amendment, that all other terms and conditions contained in Land Conservation Contract No. 13-77, as entered into on February 8, 1977, shall remain in full force and effect. ATTEST:k6yuri i COUNTY OF CONTRA COSTA JOHN SWEETEN, County Administrator and Clerk of the Board of Supervisors By: IVBy: 443� Deputy Clerk oCr, Board of Supervisors OWNER: We the undersigned trust deed or other encumbrance holders do hereby agree to and agree to be bound by the above imposed restrictions. Approved as to Form: Silvano M ches4 Coun y ounsel By: Deputy NOTE: All signatures for Owner roust be acknowledged. 2