HomeMy WebLinkAboutResolution - 2738 STATE OF CALIFORNIA ) RESOLUTION NO. 2738
COUNTY OF RIVERSIDE)ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO, CALIFORNIA, APPROVING THE TENTATIVE
CANCELLATION OF SAN JACINTO NO 2 LAND
CONSERVATION CONTRACT FOR 122.83 ACRES LOCATED
WEST OF WARREN ROAD, APPROXIMATELY ONE-MILE
SOUTH OF THE RAMONA EXPRESSWAY AND LOCATED ON
EITHER SIDE OF THE CASA LOMA CANAL.
WHEREAS, the City of San Jacinto has received an application from a
landowner (the "Landowner") for cancellation of a Land Conservation Contract
(pursuant to California Government Code, §§ 51200 et sec . (the "California Land
Conservation Act of 1965" or "Williamson Act") with respect to a portion of property
consisting of 122 acres of land, located west of Warren Road, approximately one-mile
south of the Ramona Expressway and on either side of the Casa Loma canal (Riverside
County Assessor's Parcel Nos. 425-220-009, 431-220-005, -007, -009, -010, -011 and
431-230-009) in the County of Riverside and more particularly depicted on Exhibit "A"
attached hereto and made a part hereof (the "Subject Property"); and
WHEREAS, the Subject Property lies within the Land Conservation Contract San
Jacinto No 2, Amendment 1, Map 188 and is subject to that certain Land Conservation
Contract dated February 28, 1972 and recorded as Instrument No. 25388 in the Official
Records of the County of Riverside, California; and
WHEREAS, the Subject Property lies within the Land Conservation Contract San
Jacinto No 2, Amendment 1, Map 449 and is subject to that certain Land Conservation
Contract dated January 11 , 1978 and recorded as Instrument No. 5945 in the Official
Records of the County of Riverside, California (the Land Conservation Contracts
referenced in this Recital and the preceding Recital shall hereinafter be referred to as
the "Land Conservation Contracts"); and
WHEREAS, Government Code Section 51282 permits a landowner to petition
the City Council for the City of San Jacinto ("City Council") to cancel a Land
Conservation Contract; and
WHEREAS, Government Code Section 51282 permits the City Council to grant
tentative approval for the cancellation of the Land Conservation Contracts (or a portion
thereof) where the City Council finds that certain requirements have been satisfied; and,
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WHEREAS, the Landowner has applied for an alternative land use for the
Subject Property, consisting of the development of 318 single family homes (the
"Project"); and
WHEREAS, pursuant to Government Code Section 51284.1 , City staff has
submitted a notice of transmittal to the California Director of the Department of
Conservation on November 3, 2004. The notice submitted by the County to the Director
of the Department of Conservation included: (1) an attached copy of the petition, (2) an
attached copy of the Land Conservation Contracts, (3) a general description of the
property subject to the contract that is proposed to be cancelled, and (4) the deadline
for submitting comments on the proposed partial cancellation; and,
WHEREAS, the City received comments from the Department of Conservation
on December 17, 2004, and the City Council has considered those comments in
reaching its decision; and,
WHEREAS, pursuant to Government Code Section 51284, the City: (1) on April
14, 2005, published notice of the public hearing once in a newspaper of general
circulation within the City, in compliance with Government Code section 6061, (2) on
April 12, 2005, mailed notice of the public hearing to every owner of land under
Williamson Act contract within one mile of the land on which the Land Conservation
Contract cancellation is proposed, and (3) on March 4, 2005 mailed notice of the public
hearing the Director of the Department of Conservation; and,
WHEREAS, pursuant to the California Environmental Quality Act (California
Public Resources Code, §§ 21000 et seq.), a Mitigated Negative Declaration has been
prepared, advertised, and circulated with regard to the proposed cancellation of the
Land Conservation Contracts; and,
WHEREAS, the City Council conducted a duly noticed public hearing concerning
the application for tentative cancellation of Landowner's Land Conservation Contracts
with respect to the Subject Property; and
WHEREAS, the City Council did not receive any comments on the Mitigated
Negative Declaration; and,
WHEREAS, the following information has been submitted to warrant findings that
the cancellation of the Land Conservation Contracts is consistent with the Williamson
Act:
1. A Notice of Non-Renewal has been served and recorded in the
office of the Riverside County Recorder in the form of document 2004-0600511
and 2004-06000512 pursuant to Government Code section 51245;
2. The Subject Property and surrounding parcels are already
designated and zoned for residential uses in the City's General Plan and the
,ft , surrounding lands are already designated and zoned for residential uses, it is
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unlikely that the proposed cancellation will result in the removal of adjacent lands
NEW from agricultural uses;
3. That the cancellation is for an alternative use that is consistent with
the applicable provisions of the City's General Plan because the Subject Property
and surrounding land is designated and zoned for residential development;
4. The cancellation will not result in discontinuous patterns of urban
development because Tentative Tract 31760, south of the Subject Property is
approved as the 246 acre Cove Specific Plan and also, further to the southeast
and west of Cawston Avenue is a project for which 297 home are proposed and
the first 99 building permits have already been issued. Other residential
developments are also proposed or approved in the area of the Conservation
Land Contracts.
5. There is no proximate un-contracted land that is both available and
suitable for the use to which the Subject Property is proposed to be put, and
development of the Subject Property would provide more contiguous patterns of
urban development than the development of proximate non-contracted land.
Several properties south of the Subject Property are already in the process of
residential development and are not available for the alternative use. In addition,
there is no other non-contracted land for sale that is sufficiently close to the
Subject Property and suitable for the alternative use such that it would serve as a
.,., practical alternative for the use that is proposed for the Subject Property.
WHEREAS, the County of Riverside Assessor, in accordance with Government
Code Section 51283, has determined and certified to the City Council the cancellation
value of the Subject Property, as though it were free of the contractual restriction, as
$6,642,510; and,
WHEREAS, the City believes it has satisfied both its statutory obligations in
finding that the cancellation of Landowner's Land Conservation Contracts relative to the
Subject Property, consistent with the Williamson Act
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of San Jacinto
as follows:
Section 1 . The City Council has considered and hereby adopts the findings of
fact set forth in the above recitals.
Section 2. The City Council has reviewed and considered the environmental
documentation and information included in the staff reports prior to taking action on the
Landowner's application for tentative cancellation of Landowner's Land Conservation
Contracts with respect to the Subject Property, and finds and determines that the
tentative cancellation of the Land Conservation Contracts will not cause or create a
significant adverse effect on the environment because the mitigation measures
PBLe 3 U] (l
described in the Initial Study. The City Council further finds and declares that the
Mitigated Negative Declaration reflects the independent judgment of the City Council.
Section 3. The City Council further finds and determines that there is no
substantial evidence, in light of the whole record before the City, that the cancellation
would not have a significant effect on the environment. The documents and other
materials that constitute the record of proceedings upon which the City's findings and
decision are based and are located at 248 E. Main Street, San Jacinto, CA 92583. The
custodian of these documents and materials is Community Development Department.
Section 4. The City Council hereby finds and determines that the cancellation
of the Landowner's Land Conservation Contracts relative to the Subject Property is
consistent with the Williamson Act, based on the written and verbal evidence presented
to the City Council before, during and at the public hearing conducted prior to the
adoption of this Resolution and based on the findings and recitals contained herein.
Section 5. Pursuant to Government Code Section 51283, the City Council
hereby determines and certifies the amount of the cancellation fee, which Landowner
shall pay the County Treasurer, in the amount of $830,313.75, which is 12 1/2 percent of
the total cancellation value as determined by the County of Riverside Office of the
Assessor.
Section 6. The City Council hereby tentatively approves the cancellation of
Landowner's Land Conservation Contracts relative to the Subject Property. The
�" cancellation of Landowner's Land Conservation Contract relative to the Subject
Property shall be contingent upon the following two conditions being satisfied:
1. The cancellation fee of $830,313.75, which was determined and
certified by the City Council pursuant to Government Code Sections
51283 and 51283.1, shall be paid in full prior to the issuance of the
certificate of final cancellation. If the fee is not paid within one year
from the date of the recording of the certificate of tentative
cancellation, such fee shall be computed as of the date of notice
when the Landowner notifies the City Council, in writing, that
Landowner has satisfied the conditions and contingencies
enumerated in this Section, and
2. The Landowner shall obtain all necessary permits, up to and
including, grading permits, necessary to commence the Project.
Section 7. The City Council hereby directs the City Clerk to: (1) prepare, file
and transmit to the County Clerk for posting a Notice of Determination indicating that the
City Council has adopted a Mitigated Negative Declaration for this Resolution pursuant
to the California Environmental Quality Act; (2) prepare, certify and transmit to the
County Recorder a certificate of tentative cancellation (in a form meeting the
requirements of Government Code Section 51283.4(a) and approved by the County
Counsel); (3) publish a notice of this Resolution in accordance with Government Code
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Section 51284 within 30 days of the date hereof; and (4) within 30 days of the date
�• hereof, deliver a copy of said published notice to the Director of Conservation in
accordance with Government Code Section 51284.
Section 8. City staff is hereby authorized and directed to take any and all
actions that they or the City Attorney may deem necessary or advisable in order to
effectuate the purpose and intent of this Resolution.
Section 9. The City Council declares that, should any provision, section,
paragraph, sentence, or word of this Resolution be rendered or declared invalid by any
final court action in a court of competent jurisdiction, or by reason of any preemptive
legislation, the remaining provisions, sections, paragraphs, sentences, and words of this
Resolution shall remain in full force and effect.
Section 10. The Mayor shall sign, and the City Clerk shall certify to, the
passage and adoption of this resolution.
PASSED, APPROVED, AND ADOPTED, this 51h day of May 2005, by the
following vote:
Ayes: Ayres, Shaw, Buydos
Nays: Ritchie
Absent: None
w..
Abstain: Stubblefield
`.. CIT.. City of an cinto
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rn: A<thris Carlson Buydos, Mayor
r City of San Jacinto
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ATTEST:
D othy l_. Ch , inard, City Clerk
Page orh
STATE OF CALIFORNIA y
�. COUNTY OF RIVERSIDE )ss
CITY OF SAN JACINTO )
I, Dorothy L. Chouinard, duly appointed City Clerk of the City of San Jacinto,
California, do hereby certify that the foregoing Resolution No. Z +3 8 , was
adopted by the City Council of the City of San Jacinto, County of Riverside at a regular
meeting thereof held on the 5xh day of May 2005.
Witness my hand and official seal this Vol— day of May, 2005.
a���� �'► gyp'."�� �� / ����
o Do othy L. Ch, inard, City Clerk
, n
NOW
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