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HomeMy WebLinkAboutCity Council Resolution 2468 RESOLUTION NO. 2468 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING TENTATIVE CANCRLLATION OF A WILLIAMSON ACT CONTRACT RELATING TO PROPERTY LOCATED AT 2~851 SARATOGA ~.L8 ROAD WHEREAS, The Florence Nelson Foundation is the owner of certain real property located at 20851 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," executed on or about June 18, 1971, pursuant to the California Land Conservation Act of 1965, otherwise known as the Williamson Act; and WHEREAS, The Florence Nelson 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 51280-51286 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, public hearings on the requested cancellation were conducted by the City Council on December 2, 1987, and January 20, 1988, with notice thereof being given as required by law, at which time any person interested in the matter was given an opportunity to be heard; and WHEREAS, the City Council has carefully reviewed and considered the oral and documentary evidence submitted in support of and in opposition to the requested cancellation; and WI{IREAS, the City Council has approved a Negative Declaration determining that the requested cancellation will have no substantial adverse impacts upon the environment, within the meaning of the California Environmental Quality Act; and WHEREAS, the City Council has found and determined that: (a) The Property is only 5.1 acres in size and is not large enough to support productive and economically viable agricultural uses. Operation of the Property as an orchard has consistently resulted in economic losses, which the owner is no longer able to sustain. 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. -1- (b) The Property does not constitute "prime agricultural land," an "agricultural preserve," a "scenic highway corridor," 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 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, or available in terms of being currently offered for sale or intended for development. Although vacant land could be found elsewhere in the City, this land is not proximate with respect to geographic location 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 Florence Nelson 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 will be utilized for the conduct of its charitable activities, thereby providing a 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 and to the Hakone Foundation, a City-sponsored non-profit trust established for the purpose of operating a public park known as Hakone Gardens. 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 Florence Nelson Foundation has 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 further indicated its inability to continue operating the Property as an orchard or to otherwise open the Property for public use because of operating deficits and liability exposure. Consequently, if the Williamson Act Contract is not cancelled at this time, the Property will not be put to any productive or public use and 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 Sarato~ as follows: 1. Based upon the findings and determinations described above, and subject 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 Florence Nelson 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: -2- (a) Other public concerns substantially outweigh the objectives of the Williamson Act; and (b) Development of the Property will 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 City's General Plan and Zoning Map shall have been modified 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 shah 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 right 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 modification of the General Plan and Zoning Map and the proposed subdivision of the Property shall have been fully satisfied. (d) The Florence Nelson Foundation shah 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 Florence Nelson Foundation shall have fulfilled its offer to contribute the sum of One Hundred Twenty Thousand Dollars ($120~000.00) to the City of Saratoga, for deposit into the City's Park Development Fund, and to contribute the sum of One Hundred Twenty Thousand Dollars ($120,000.00) to the Hakone Foundation; provided, however, if the gross sale price for the Property is reduced below $2,400,000, an amount equal to ten percent (10%) of the gross sale price shall be contributed, to be divided equally between the City's Park Development Fund and the Hakone Foundation. 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 -3- 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. Passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 17th day of Febraury, 1988, by the following vote: AYES: Councilnembers Hlava, MDyles and Mayor Pe~rson NOES: Ccunci]Ers Anderson and Clevenger ABSENT: None ,/ /). Mayo~ / ATTEST: City Clerk -4-