HomeMy WebLinkAboutCity Council Resolution 05-075RESOLUTION NO. OS-075
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
ADOPTING A NEGATIVE DECLARATION AND A CERTIFICATE OF
TENTATIVE CANCELLATION FOR LANDS AT 20865 WARDELL RD.
COMPRISED OF FOUR LOTS WITH APN 366-49-032, 366-57-004, 366-57-001/002,
AND 366-57-003, TOTALING 7.73ACRES
WHEREAS, a request was made for the cancellation of the Williamson Act Contract for
7.73 acres of land comprised of four lots located at 20865 Wazdell Rd. The request was made
by property owners, the Hall Family Trust (successors of original owners Marshall S. Hall
and Helen U. Hall) and Mr. Tom Lim (current owner of 366-57-004); and
WHEREAS, the subject properties aze zoned Hillside Residential [HR] with an
Agricultural Preserve-Open Space [AP/OS] overlay zone established pursuant to the
Williamson Act (California Government Code Section 51200 et seq.). The overlay zone will
be automatically removed upon Williamson Act Contract cancellation pursuant to City of
Saratoga Municipal Code Section 15-15.050; and
WHEREAS, the Land Conservation Contract was established and entered into
agreement between the City of Saratoga and the original property owner, Marshall S. Hall
and Helen U. Hall in 1972, and in 1979, an 18 acre portion of the contracted land was
removed from the terms of said contract for development of the Parker Ranch Subdivision;
and
WHEREAS, the current property owners have served a Notice of Non-Renewal for the
entire area under said Contract; and
WHEREAS, notice of the public hearing was also given pursuant to Government Code
Section 51284; and
WHEREAS, the City Council of the City of Sazatoga finds the contract cancellation to
be carved out in accordance with procedures for tentative cancellation of contracts outlined
in the California Government Code; and
WHEREAS, an Initial Study and a Notice of Intent to adopt a Negative Declaration were
available for public review from June 29, 2005 through July 29, 2005 and copies of said
documents were routed to the State Clearinghouse. No comments were received; and
WHEREAS, the City Council has reviewed the Initial Study and has determined that this
application for Williamson Act Contract Cancellation could not have a significant effect of
the environment; and
NOW, THEREFORE, BE IT RESOLVED:
A. With respect to the requirements of the California Environmental Quality Act and
based on the information in the staff report for this matter the City Council hereby
finds and determines that:
Notice of the hearing on the initial study and negative declaration ("ND")
was given as required by law and the actions were conducted pursuant to
CEQA and the CEQA Guidelines; and
2. All Interested Parties desiring to comment on the ND were given the
opportunity to submit oral and written comments on the adequacy of the
ND prior to this action by the City Council; and
3. No comments were made during the public comment period and all
comments made at the public hearings on the ND were responded to
adequately; and
4. The City Council was presented with and has reviewed all of the
information in the administrative record; and
5. The ND has been completed in compliance with the intent and
requirements of CEQA and the CEQA Guidelines, and the ND represents
the City Council's independent judgment. The City Council has
considered the information contained in the ND and the record in
considering the Contract cancellation; and
6. Based on the entire record of this matter, there is no evidence that the
Contract cancellation may have a significant effect on the environment;
and
7. The documents constituting the record of proceedings upon which this
decision is based are located in the City of Saratoga Department of
Community Development and are maintained by the Director of that
Department; and
8. There is no evidence before the City Council that the proposed project will
have any potential for adverse effects on wildlife resources, as defined in
Section 711.2 of the Department of Fish and Game Code.
B. With respect to cancellation of the above-referenced Williamson Act Contract and
based on the information presented in the staff report for this matter, the City
Council hereby finds and determines that:
1. Based upon the certification of cancellation valuation of the site by the
Santa Clara County Assessor, the City Council determines and certifies to
the Santa Clara County Auditor that the appropriate cancellation fee to be
paid to the Santa Clara County Treasurer upon cancellation of this contract
is $906,250; and
2. That the cancellation is for land on which a notice of non-renewal has
been served pursuant to Section 51245 of the California Government
Code; and
3. That cancellation is not likely to result in the removal of adjacent lands
from agricultural use; and
4. That cancellation is for an alternative use which is consistent with the
applicable provisions of the City's General Plan; and
5. That cancellation will not result in discontiguous patterns of urban
development; and
6. That there is no proximate non-contracted land which is both available and
suitable for the use proposed on the contracted land or that development of
the contracted land would provide more contiguous patterns of urban
development than development of proximate non-contracted land.
BE IT FURTHER RESOLVED that the City Council of the City of Saratoga approves
a tentative cancellation of a Land Conservation Contract at 20865 Wardell Road comprised of
four lots totaling 7.73 acres in accordance with the terms of this resolution under the provisions
of Sections 51280 through 51287 of the California Government Code and based on the above
findings, subject to the following conditions:
1. The applicant shall make full payment to the Santa Clara County
Treasurer for the amount of the cancellation fee, which is $906,250
(12.50% of the land's current fair market value (combined value of all
four lots) of $7,250,000).
2. Unless the cancellation fee is paid, or a certificate of cancellation of
contract is issued within one year from the date of the recording of the
certificate of tentative cancellation, the cancellation fee shall be
recomputed as of the date of notice described in subdivision (b) of
California Government Code Section 51283, or the date the landowner(s)
requests a re-computation pursuant to Government Code Section 51283.
PASSED AND ADOPTED by the Saratoga City Council, State of California, the 7`h day of
December, 2005 by the following roll call vote:
AYES: Councilmembers Kathleen King, Ann Waltonsmith, Vice Mayor Aileen Kao,
Mayor Norman Kline
NOES: None
ABSENT: Councilmember Nick Streit
ABSTAIN: None
Approved: 9 ~'
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Norman Kline, Mayor