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HomeMy WebLinkAbout1158 RESOLUTION NO, 1158 A RESOLUTION OF THE CITY• COUNCIL OF THE CITY OF THE TOWN OF LOS ALTOS HILLS DECLARING ITS INTENTION TO CANCEL A LAND CONSERVATION CONTRACT AND GIVING TENTATIVE APPROVAL THERETO AND, PRESCRIBING,THEVCODITIOTS UPON WHICH FINAL `A`PP `ROVALWOULD` BECO£E' EFFECTIVE RESOLVED( by the City Council of the City of the Town of Los Altos Hills,, County of Santa Clara( State of California(, that WHEREAS, on May 17, 1978 , the City Council adopted Resolution No. 1120 setting the time and place of a public hearing upon the petition and request of SEM Developers ( Inc.. ( a corporation( the cancellation of the hereinafter described Land Conservation Contract entered into under the Land Conservation Act of 1965; and WHEREAS( on May 17, 1978 , the City Council adopted Resolution No. 1119 setting June 21, 1978 , at 7 :30 p.m. in the Council Chambers as the time and place where and when the City Council proposed to adopt a Negative Declaration relating to the Petition and Request described above( and WHEREAS , prior to the opening of the public hearing on said Petition and Request at the time and place mentioned in Resolution No, 1120F namely( June 21(, 1978 , at 7: 30 pm, , in the Council Chambers( and after having received evidence( oral and documentary, thereon, the City Council adopted the proposed Negative Declara-- tion] and WHEREAS:( at the time and place mentioned in Resolution No, 1120 , namely( June 21, 1978, at 730 p.m, in the Council Chambers , the City Council held a public hearing on said Petition and Request( and any protest of such cancellation( and has received S evidence, oral and documentary, thereon, following which the hearing was continuedfrom time to time until October 4, 1978 , at which time the Council received further evidence, oral and documentary, thereon, and finally took the matter under submission; NOW, THEREFORE, THE CITY COUNCIL HEREBY FINDS AND DETERMINES , pursuant to the Land Conservation Act of 1965 , as follows : 1. SEM Developers, Inc. , a corporation, as the present land- owner of the hereinafter described land, heretofore filed a Petition and Request with the Cityof the Town of Los Altos Hills q for cancellation of a certain Land Conservation Contract (herein referred to as the "Contract") , and more particularly described as follows : ASSESSOR'S DATE OF OFFICIAL RECORDS PARTIES PARCEL NO. RECORDATION BOOK PAGE Ethel F. County of Neary Santa Clara 336-25-001 Feb. 28, 1969 8451 351 2 . The land described in the Contract is more particularly described in Exhibit "A" , attached hereto and incorporated herein by reference. The land described in Exhibit "A" is located within a part of an agricultural preserve within the County of Santa Clara to which the City of the Town of Los Altos Hills (herein referred to as the "Town") has succeeded and acquired jurisdiction by annexation of said real property to the City of the Town of Los Altos Hills . 3. The City Clerk has caused notice of the public hearing in the matter of said petition and request to be given and published in the manner and within the time required by law. 4 . Prior to any action of the City Council giving tentative approval to cancellation of the Contract, the County Assessor of the County of Santa Clara has certified to the City Council that -2- N the cancellation valuation of the land described in the Contract for the purpose of determining the cancellation fee is $127,000 . 5. The City Council hereby determines and certifies to the County Auditor of the County of Santa Clara, State of California, that the amount which the landowner,. SEM Developers ,, Inc . ,, a corporation,: must pay to the CountyTreasurer as deferred taxes upon cancellation of the aforesaid Contract, is $63,500 . 6 . The Contract is not illegal by virtue of the Town. allegedly permitting lots as small as one acre and fully developed to be placed under a Land Conservation Contract,, and the present landowner has not been denied equal protection and/or its civil rights have not been violated by reason that the Town allegedly permits lots as small as one acre and fully developed to be placed under a Land Conservation Contract, because the Town upon annexa-. tion of the land described in Exhibit "A" only succeeded to all rights , duties and powers of the County of Santa Clara (which has entered into the Contract with Ethel F. Neary) pursuant to Sub, - section (b) of Section 51243 of the Government Code of California. , 7. The Contract is not illegal by virtue of the entire Town having been placed within a single agricultural preserve because the agricultural preserve within which the land described in Exhibit "A" is located is an agricultural preserve established by the County of Santa Clara, and not by the City. It is an agricultural preserve which continued in full effect following . annexation of the land described in Exhibit "A" pursuant to Section 51235 of the Government Code of California, and further because no limitation upon the size of an agricultural preserve appears in the Land Conservation Act of 1965 . -3- 8 . No member of the administrative staff of the Town was authorized to make any commitment on behalf of the City Council or any representation concerning the cancellation of any Land Conservation Contract. No determination concerning the cancella- tion of any such contract could be made until following the holding of an advertised public hearing pursuant to the provisions of the Land Conservation Act of 1965. 9. The land described in Exhibit "A" is not subject to being subdivided prior to the termination or expiration of the Contract because the compatible land uses specified in Exhibit "B" attached to the Contract insofar as they relate to structures are limited to "structures necessary and incidental to the agricul- tural . uses of the land" , or "single family dwellings incidental to the agricultural use of the land" , or "dwellings for persons employed . . . in the agricultural use of the land. " 10. No final determination can be made concerning the Petition and Request to cancel the Contract until a complete master plan has been prepared for the proposed use of the following: a. The land described in Exhibit "A" , b. Approximately 23 acres of land lying between the land described in Exhibit "A" and Highway 280 , c. The Neary Quarry property lying southerly of the land described in Exhibit "A" and d. Approximately 675 acres of land lying southerly of the Neary Quarry, (herein referred to as the Entire Property) because the Entire Property comprises a single planning area of which the land described in Exhibit "A" is only a part. -4- N N • of the Entire Property, the continued dedication of the land des- cribed in Exhibit "A" to agricultural use is neither necessary nor desirable for the purposes of the Land Conservation Act of 1965, and the cancellation of the Contract would not be inconsistent with the purposes of the Land Conservation Act of 1965,, andwouldbe in the public interest because the development of the Entire Property could then be controlled both as to extent and time and, further, because continued agricultural use of the land described. in Exhibit "A" does not appear to be feasible. IT IS HEREBY ORDERED AS FOLLOWS : A. The City Council hereby declares its intention to give tentative and final approval to the cancellation of the Contract, subject, however, toeachof the following conditions precedent: i. There shall be prepared an Environmental Impact Report (EIR) for the Entire Property in compliance with the requirements of the California Environmental Quality Control Act, at theexpense ofthe owners thereof, and the Environmental Impact Report shall haveobtained the approval of the City Council. ii. _There shall be included within the urban service area- of the Town and annexed thereto, respectively, those portions of the Entire Property not presently included therein or annexed thereto. iii. Those portions of the Entire Property not presently zoned within the Town, shall have been zoned in accordance with the General Plan and the Zoning Law of the Town. . iv. There shall have been prepared a Master Plan for the final development of the entire property in accordance with the ordinances ,of the Town, and the Master Plan shall have been -6- N M • recommended by the Planning Commission and approved by the City Council. v. Pursuant to Government Code Section 51283. 3 (b) the City Council hereby requires payment in full of the cancellation fee of $63,500 from SEM Developers , Inc. , a corporation, as the present landowner, prior to the cancellation herein becoming effective and until such payment in full is made, the cancellation of such Contract shall not be effective; and, further, in the event such cancellation fee is not paid immediately following the completion of each of the conditions precedent set forth in Subparagraphs i to iv, inclusive, provisions of this Resolution and the declaration of intent herein shall thereupon be null and void in their entirely and such Petition and Request shall there- upon be deemed denied by this Council without prejudice. REGULARLY passed and adopted this 23rd day of October, 1978 . MAYSR ATTEST: City Clerk -7- EXHIBIT "A" All that certain property situate in the County of Santa Clara, State of California, being a portion of Lot 3 and all of Lot 4 of the N. J. Stone 's Subdivision, filed May 9 , 1894 in Book H of Maps , Pages 58 and 59 , Santa Clara County Records and more particularly described as follows : BEGINNING at the southerly corner of that parcel of land conveyed to the State of California by Deed recorded November 20 , 1961 in Book 5370 of Official Records, Santa Clara County, at Page 152, said Point being at the easternmost cornerof the above mentioned Lot 3 of the N. J. Stone' s Subdivison; Thence from said POINT OF BEGINNING running along the south- easterly line of said Lots 3 and 4 south 23° 25 ' 55" West, 1075. 80 feet and south 23° 45 ' 55" west 212. 52 feet; Thence along the southwest line of said Lot 4 north 65° 54 ' 05" west 1130 .58 feet to the centerline of Stonebrook Avenue; Thence along the centerline of Stonebrook Avenue the following courses and distances : North 27° 24 ' 05" west 102 .96 feet; North 12° 47' 05" west 43.56 feet; North 53° 30 ' 55" east 69 . 30 feet; North 9° 52' 55" east 88 .44 feet; North 11° 11' 55" East 271.92 feet; North 1° 35 ' 55" east 285. 47 feet; On a curve to the left with a radius of 340 feet through a central angle of 13° 24 ' an arc distance of 79 .52 feet; North 11° 48 ' 05" west 4 . 63 feet; On a curve to the left with a radius of 140 feet through a central angle of 42° 40 ' an arc distance of 104 . 26 feet; North 54° 28 ' 05" west 42. 02 feet; On a curve tothe right with a radius of 100 feet through a central angle of 44° 56 ' an arc distance of 78 . 43 feet; North 9° 32' 05" west 83. 78 ; Thence leaving the centerline of Stonebrook Avenue and running along the northwesterly line of Lot 3 as shown on the Map of the N. J. Stone' s Subdivision filed May 9 , 1894 in Book H of Maps at Pages 58 and 59 , Santa Clara County Records north 61° 16 ' 55" east 1225 . 81 feet to the southwesterly line of the above mentioned parcel of land conveyed to the State of California; Thence along said southwesterly line South 28° 42 ' 05" east 1168 . 88 feet to the true POINT OF BEGINNING.