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Home My WebLink AboutMINUTES - 02122002 - C95 TO: BOARD OF SUPERVISORS '',, r Centra FROM: DENNIS M. BARRY, AICP Costa COMMUNITY DEVELOPMENT DIRECTOR County DATE: FEBRUARY 12, 2002 SUBJECT: APPROVE AN AMENDMENT TO LAND CONSERVATION CONTRACT NO.16-70 WITH STEVEN FREITAS FOR APN: 209-050-030 TO ALLOW FOR A RESIDENCE AND DETACHED GARAGE FOR AGRICULTURAL EQUIPMENT STORAGE SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS ADOPT resolution approving an amendment to "Exhibit B" under Land Conservation Contract No.16-70 with Steven Freitas for APN 209-050-030,to allow for a residence and detached garage for agricultural equipment storage,and AUTHORIZE the Chair to execute said amendment for Land Conservation Contract No.16-70. FISCAL IMPACT None. CONTINUED ON ATTACHMENT: _X_YES SIGNATURE- -A,-RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD CORMITTEE &--APPROVE OTHER SIGNATURE(p):( ACTION OF BOA ON February 12. 2002 APPROVED AS RECOMMENDED ..y.OTHER„•,-, VOTE GIF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND ___UNANIMOUS(ABENTNtine ) CORRECT COPY OF AN ACTION TAKEN AND AYES: NOES: ENTERER 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, 2002 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 Steven Freitas (via CDD) M February 12,2002 Board of Supervisors County File: AP#16-70 Page 2 BACKGROUND/REASONS FOR RECOMMENDATIONS Steven Freitas the owner of APN: 209-050-030 located at 2050 Norris Canyon Road in the San Ramon area has requested an amendment to Land Conservation Contract No.16-70. APN: 209-050-030 is one of several parcels that were placed under Land Conservation Contract No.16-70,which was established on November 25, 1969 between the County and Edward M. Freitas. Steven Freitas, son of Edward M. Freltas(deceased), is now the owner of APN: 209-050-030, and therefore the successor to Land Conservation Contract No.16- 70. The purpose of the amendment requested by Steven Freitas is to replace"Exhibit B", entitled "Allowable Land Uses", so that two new proposed structures, including one single family residence and a detached garage for agricultural equipment storage, 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 on 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. Mr. Freitas' proposed amendment identifies two new structures on the property, the residence and detached garage for agricultural equipment storage.These structures would be incidental to the primary agricultural use of the property, and thus would be consistent with the intent and purpose of the County's Williamson Act. Attached is a copy of the proposed amendment to Land Conservation Contract No. 16-70. It is recommended that the Board adopt by resolution the amendment to Land Conservation Contract No. 16-70, as attached, which would amend and replace "Exhibit B" entitled "Allowable Land Uses", and authorize the Chair to execute this amendment with Mr. Freitas. 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, DeSAULNIER, GLOVER and GIOIA NOES: None ABSENT: None ABSTAIN: ''None RESOLUTION NO. 2002/ 81 SUBJECT: AMEND Exhibit "B" to existing ) Land Conservation Contract No. 16-70 ) To allow for a residence and ) Detached garage for agricultural equipment storage ) The Board of Supervisors of Contra Costa County RESOLVES that: On November 25, 1970, the Board of Supervisors adopted Resolution No. 69/811 which authorized the Chairmain of the Board to execute Land Conservation Contract No. 16-70 with Edward M. Freitas, and said contract was subsequently executed by the Board Chair,and recorded affecting Assessor Parcel Number 209-050-030. Mr. Steven Freitas son of Edward M. Freitas (deceased) and now the owner of Assessor Parcel Number 209-050-030, has filed a letter to the Community Development Department requesting to amend Land Conservation Contract No. 16-70 to allow for a residence and detached garage for agricultural equipment storage. RESOLVED, pursuant to Section 51253 of the California Government Code, the Board of Supervisors AMENDS Land Conservation Contract No. 16-70, as attached hereto, and AUTHORIZES the Board Chair to execute a contract amendment for Land Conservation Contract No. 17-70, with Mr. Steven Freitas. 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. 16-70, to the State of California Department of Conservation and the Office of County Assessor, Contra Costa County. I hereby certify that this is a true and correct copy of an action taken and entered on the Orig. Dept.: Community Development Department minutes of the Board of Supervisors on the date shown. Contact: Patrick Roche(925/335-1242) ATTESTED: cc: CA Dept. of Conservation JOHN SWEETEN, Clerk of this Board Office of County Assessor, Contra Costa Co. 0 upervisors a d Noun rrrinlutrator PRWtoardresolutionapl7-70contractamend � tl Deputy RESOLUTION 2002/ 81 Amendment to Land Conservation Contract No. 16-70 BY THIS AMENDMENT, made and entered into the 12 of February2002, Steven Freitas, 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.16-70 between OWNER and COUNTY, entered into on the 27`h of January, 1970, and then amended on February 28, 1970,is hereby amended and replaced as follows: EXHIBIT B ALLOWABLE LAND 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. Existing Non-conforming Structures The following non-conforming structures are permitted, subject to the provisions of County Ordinance Code Chapter 82-8 : None (APN: 209-050-030) . 2 . Existing Conforming Structures None APN: 209-050-030) . 3 . Proposed Structures One single-family residence and detached garage for agricultural equipment storage (APN: 209-050-030) . 4. Existinc _Land_Use Livestock grazing and dry land farming. 5 . Proposed Land Use Livestock grazing and dry land farming. 1 2. It is the intention of the parties,by this amendment,that all other terms and conditions contained in Land Conservation Contract No. 16-70, as entered into on January 27, 1970, and then amended on February 28, 1970, shall remain in full force and effect. ATTEST: t COUNTY OF CONTRA COSTA JOHN SWEETEN,County Administrator and Clerk of the Board of Supervisors y: By: Deputy Clerk 4C , rd 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: Silvan c}gl archesi,county ounsei By: Deputy NOTE: All signatures for Owner must be acknowledged. 2