HomeMy WebLinkAboutCity Council Resolution 95-25.2 RESOLUTION NO. 95- 25.2
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA APPROVING TENTATIVE
CANCELLATION OF A WILLIAMSON ACT CONTRACT
RELATING TO PROPERTY LOCATED AT
20851 SARATOGA HILLS ROAD
WHEREAS, The.,,Community,,Foundation is the owner of certain real property
located at 2085 1 SaratOga Hills Road, Saratoga, California, commonly known as
Nelson Gardens (hereinafter referred to as "the Property"); and
WHEREAS, the Property is currently subject to a "Williamson Act Contract,"
recorded in the Office of the Recorder of Santa Clara County on May 19, 1971,
pursuant to the California Land Conservation Act of 1965, otherwise known as the
Williamson Act; and
WHEREAS, The Community Foundation has petitioned the City of Saratoga
for cancellation of its Williamson Act Contract with respect to the entire Property, in
accordance with the provisions of Sections 51280-51287 of the Government Code;
and
WHEREAS, the proposed alternative use of the Property is to subdivide the
same into nine lots for the construction upon each lot of a single family residence;
and
WHEREAS, a public hearing on the requested cancellation was conducted by
the City Council on May 3, 1995, with notice thereof being given as required by
Government Code Section 51284, at which time any person interested in the matter
~vas given a full opportunity to be heard; and
WHEREAS, the City Council has carefully reviewed and considered the staff
report and oral and documentary evidence submitted in support of and in opposition
to the requested cancellation; and
WHEREAS, the City Council has approved a Negative Declaration
determining that the requested cancellation will have no significant impact upon the
environment, within the meaning of the California Environmental Quality Act, which
Negative Declaration was considered by this Council in deciding the issue of
tentative cancellation; and
WHEREAS, the City Council has found and determined that:
(a) The Property is only 5.1 acres in size, only 2 plus acres of which is
currently non-producing orchard, and is not large enough to support
productive and economically viable agricukural uses. The cost of
operating the Property as an orchard exceeds the revenue that could be
realized from agricultural production. There is no other reasonable or
comparable agricultural use to which the Property may be put. The
financial inability to hold, operate and maintain the Property in its
present use, or any reasonable or comparable alternative agricultural use,
is .further demonstrated by the fact that ownership of the Property was
relinquished by the Nature Conservancy and the California State Parks
Foundation.
(b) The Property does not constitute "prime agricultural land," an
"agricultural preserve," a "scenic highway corridor," a "salt pond," a
"submerged area," a "wildlife habitat area," or a "managed wetland
area," as such terms are defined in Section 51201 of the Government
Code. Accordingly, the Property does not fall within any of the
categories of land which the Williamson Act is primarily intended to
preserve.
(c) The Property is isolated by virtue of being totally surrounded by fully
developed residential neighborhoods. For the purpose of constructing
nine single family residences, there is no other land within a radius of
one mile from the Property which is suitable in terms of size and
physical characteristics, and available in terms of being currently offered
for sale or intended for development. Although vacant land may be
found elsewhere in the City, this land is not proximate with respect to
geographic location to be a practical altemative, and, to the extent such
vacant land is located in the undeveloped hillside areas of the City, the
utilization thereof would result in a less contiguous pattern of urban
development.
(d) The Community Foundation is a non-profit organization established for
charitable purposes. The proceeds to be received by the Foundation
from its intended sale of the Property would generate $60,000 to
$70,000 a year of income, which will be utilized for the conduct of its
charitable activities, both in Saratoga and throughout Santa Clara
County, including in connection with providing job training, and in
connection with providing housing, thereby providing a substantial
benefit to the public. In addition, a specific public benefit will be
derived by the City of Saratoga and its residents as a result of the offer
by the Foundation to donate a substantial portion of the sale proceeds
to the City's park development fund (the specific amount to be
determined by the number of single family residential lots approved for
subdivision of the Property.) These funds are in addition to any park-
in-lieu fees the City may receive from development of the Property and
are sorely needed by the City to develop parks currently owned by the
City, but which the public has been unable to utilize due to lack of
development. By virtue of these contributions, the Property can be put
to an alternative use in a manner that will promote and enhance the
recreational and open space facilities within the City.
(e) The Community Foundation's predecessor-in-interest delivered to the
City a notice of non-renewal of its Williamson Act Contract, thereby
indicating its intention to terminate such contract whether or not a
cancellation is approved by the City Council. The Foundation has
reaffirmed this intention. The Foundation has further indicated its
inability to continue operating the Property as an orchard or to
otherwise open the Property for public use because of projected
operating deficits and liability exposure from attempting to operate an
agricultural use in a completely urbanized setting. Consequently, if the
Williamson Act Contract is not cancelled at this time, the Property will
not be put to any productive or public use ahd is likely to fall into a
state of neglect and disrepair. This condition would constitute a blight
upon the neighborhood and a potential health hazard and attractive
nuisance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Saratoga as follows:
1. Based upon the findings 'and determinations described above, and
subiect to compliance with all of the conditions set forth in Paragraph 2, a tentative
cancellation of the Williamson Act Contract relating to the property owned by the
Community Foundation, located at 20851 Saratoga Hills Road, is hereby approved
on the ground that cancellation of such contract is in the public interest, by virtue of
a finding and determination by the City Council that:
(a) Other public concems substantially outweigh the
obiectives of the Williamson Act; and
(b ) There is no proximate noncontracted land which is both
available and suitable for the use to which it is proposed
the Property be put; and, even if it were to be detenrdned
that such land identified at the public hearing was
available and suitable, development of the Property will
nevertheless provide a more contiguous pattern of urban
development than development of proximate
noncontracted land.
2. A certificate of final cancellation of said Williamson Act
Contract shall not be recorded until all of the following conditions and requirements
have been fully satisfied:
(a) The Qty's General Plan and Zoning Map shall have been
amended to change the designated use of the Property
from agricultural to single family residential. The
permitted density of development shall be as determined
by the Planning Commission and the City Council, and
nothing herein shall constitute or be construed as the
approval of a subdivision having nine lots, or any other
specific number.
(b) Tentative and final subdivision map approval shall have
been granted by the City, pursuant to Chapter 14 of the
City Code. Nothing herein shall constitute or be construed
as a waiver, relinquishment or restriction upon the City's
fight to impose conditions, requirements, dedications and
exactions in connection with the granting of subdivision
map approval.
(c) All requirements of the California Environmental Quality
Act relating to amendments of the General Plan and
Zoning Map and the proposed subdivision of the Property
shall have been fully satisfied.
(d) The Community Foundation shall pay in full the amount
of the cancellation fee computed under the provisions of
Section 51283 of the Government Code. In the event such
fee is not paid within one year from the date of recording
the certificate of tentative cancellation, the fee shall be
recomputed as of the date on which the City receives
notice from the Foundation that all of the conditions set
forth herein have been satisfied.
(e) The Community Foundation shall have ful~lled its offer to
contribute a sum of money to the City of Saratoga upon
approval of a tentative subdivision map, for deposit into
the City's Park Development Fund, the specific amount of
which to be determined by the number of single family
residential lots approved for subdivision of the Property
based upon the following formula:
- 9 parcels = $585,000
- For each parcel less than 9 total, $64,000 shall be
deducted from the amount of $585,000.
3. The conditions and requirements set forth in Paragraph 2 above
shall be satisfied within twelve (12) months from the date of this Resolution, or
within such additional period of time as may be allowed by further resolution of the
City Council; otherwise, this Resolution shall be null and void.
4. The City Clerk is hereby authorized and directed to record in the
Office of the Recorder for Santa Clara County, California, a certificate of tentative
cancellation, in accordance with the provisions of Section 51283.4 of the
Government Code.
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Passed and adopted at a regular meeting of the City Council of the City
of Saratoga held on the 17th day of May, 1995, by the following vote:
AYES: Councils Jacobs, M3ran, Tucker, Wolfe, and Mayor Burger
NOES None
ABSENT: None
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City Clerk
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