CC Resolution 2004-141RESOLUTION NO. 2004-141
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, APPROVING
THE FINAL CANCELLATION OF LAND
CONSERVATION (WILLIAMSON ACT) CONTRACT
FOR ± 195 ACRES FOR COACHELLA VALLEY
AGRICULTURAL PRESERVE NO. 58
CASE NO.: AGRICULTURAL PRESERVE 2003-001
APPLICANT: CORAL OPTION I, LLC
WHEREAS, American Date Gardens, a California corporation, entered
into a Land Conservation Contract to create Coachella Valley Agricultural Preserve
No. 58 ("Contract") with the County of Riverside, pursuant to the Land
Conservation Act of 1965 (Gov't Code Section 51200 et seq. ), which Contract
was recorded on February 28, 1974 as Instrument No. 23559 in the office of the
County Recorder of Riverside County, California; and
WHEREAS, Coral Option I, LLC, a California limited liability company,
is the present owner of the property (described below) subject to the Contract
referenced above, petitioned to cancel the Contract; and
WHEREAS, the City Council of the City of La Quinta, California, did,
on the 16th day of December, 2003, hold a duly noticed Public Hearing to consider
the owner's application to tentatively cancel the Contract for ± 195 acres for
Coachella Valley Preserve No. 58; and
WHEREAS, the City Council of the City of La Quinta, California, did,
on the 16th day of November, 2004, hold a duly noticed Public Hearing to consider
the owner's application to cancel the Contract for ± 195 acres for Coachella Valley
Preserve No. 58, generally located at the northwest corner of Avenue 60 and
Monroe Street, which property is more particularly described as follows:
APNs: 764-200-007, 764-210-004 and 764-210-005
WHEREAS, the City has complied with the California Environmental
Quality Act (CEQA) and the requirements of "The Rules to Implement the California
Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the
La Quinta City Council) in that the Community Development Department has
prepared Environmental Assessment 2003-483 and has determined that although
the proposed project could have a significant adverse impact on the environment,
mitigation measures have been imposed on the project that would reduce impacts
Resolution No. 2004-141
Agricultural Preserve 2003-001 - Coral Option I, LLC
Adopted: November 16, 2004
Page 2
to less than significant levels, and therefore, a Mitigated Negative Declaration of
environmental impact is recommended for certification; and
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons desiring to be heard, said
City Council did make the following mandatory findings to approve the Final
Cancellation of said Contract for ± 195 acres for Coachella Valley Preserve No. 58
because the cancellation is consistent with the purposes of the Williamson Act:
1. A Notice of Non -Renewal has been served on the County on or about
February 26, 1999, and recorded on July 7, 1999 as Instrument No. 1999-
320309 in the office of the County Recorder of Riverside County.
2. Cancellation is not likely to result in removing adjacent lands from
agricultural use because there are no adjacent lands which are not currently
zoned residential or commercial.
3. Cancellation is for an alternative use which is consistent with the City's
General Plan as the subject property is designated as LDR (Low Density
Residential), Golf Course (GC) and, Neighborhood Commercial (NC) under the
City of La Quinta General Plan. The proposed alternative use for the subject
property will be developed as a resort community with residential, golf
courses and commercial uses.
4. Cancellation will not result in discontiguous patterns of urban development.
5. There is no proximate non -contracted land which is both available and
suitable for the proposed use of the contracted land and development of the
contracted land would provide more contiguous patterns of urban
development than development of proximate non -contracted land.
6. The amount of cancellation fee pursuant to Section 51283 of the
Government Code has been determined and certified by the City Council to
be $1,168,125.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of La Quinta, California, as follows:
1. That the above recitations are true and correct and constitute the findings of
the City Council.
Resolution No. 2004-141
Agricultural Preserve 2003-001 - Coral Option I, LLC
Adopted: November 16, 2004
Page 3
2. That it does hereby approve the Final Cancellation of the Contract for -+ 195
acres for Coachella Valley Preserve No. 58, as depicted in Exhibit "A" and
attached hereto and made a part of, for the reasons set forth in this
Resolution.
3. That the owner has satisfied the following conditions prior to and as a
condition precedent of the City Council authorizing the execution and
recording of a final certificate of cancellation:
(a) Payment within one year after recording the certificate of tentative
cancellation of the cancellation fee of $1,168,125.00. If the
cancellation fee is not paid within one year from the date of the
recording of the certificate of tentative cancellation, then fee shall be
recomputed and the recomputed fee shall be paid in full as a condition
of final cancellation of the Contract. Neither the cancellation fee nor
any portion thereof shall be waived.
(b) The owner shall obtain all permits and approvals necessary to
commence the project on the Property.
4. That it does hereby instruct the Clerk to record a Certificate of Final
Cancellation as required by Government Code Section 51283.
PASSED, APPROVED and ADOPTED at a regular meeting of the City
of La Quinta City Council, held on this 16th day of November, 2004, by the
following vote, to wit:
AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
DONALD AD PH, -Mayor
City of La Quinta, California
Resolution No. 2004-141
Agricultural Preserve 2003-001 - Coral Option 1, LLC
Adopted: November 16, 2004
Page 4
ATTEST:
JU E REEK, CMC, Cl �Icerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
AM.
ATHE NE JENSON, QWAttorney
City of La Quinta, California
RECORDING REQUESTED BY EXHIBIT "A"
AND WHEN RECORDED MAIL TO:
City of La Quinta
78-495 Calle Tampico
P.O. Box 1504
La Quinta, CA 92253
Attention: City Clerk
(SPACE ABOVE FOR RECORDER'S USE)
EXEMPT FROM RECORDING FEE
PER Gov. CODE § 27383
CERTIFICATE OF FINAL CANCELLATION
OF LAND CONSERVATION CONTRACT FOR
COACHELLA VALLEY AGRICULTURAL PRESERVE NO.58
(Cal. Gov't Code § 51283.4)
1. Tentative Approval of Cancellation. Pursuant to City of La Quinta Resolution No. 2003-
126, adopted by the City Council of the City of La Quinta at a public hearing held on
December 16, 2003, the City Council tentatively approved, subject to the findings,
conditions and contingencies in such Resolution, cancellation of the Land Conservation
Contract for Coachella Valley Agricultural Preserve No. 58, recorded on February 28,
1974 as Document No. 23559 in Riverside County Official Records (the "Contract").
2. Certification of Amount of Fee Cancellation. The amount of the cancellation fee,
pursuant to section 51283 of the Government Code, has been determined and certified by
the City Council to be $1,168,125.
3. Certification of Tentative Cancellation. Pursuant to California Government Code
Section 51283.4(a), the Clerk of the City of La Quinta must record this certificate of
tentative cancellation of the Contract ("Tentative Certificate") in the office of the
Riverside County Clerk — Recorder. In conformity with California Government Code
section 51283.4(a), the following information is certified in connection with the tentative
cancellation of the Contract:
3.1.1 Name of Landowner Requestiniz Cancellation. The name of the
landowner requesting cancellation of the Contract is Coral Option I, LLC, a California limited
liability company ("Landowner").
3.1.2 Legal Description of Property. The property subject to this
Tentative Certificate is legally described as Riverside County Assessor Parcel Numbers 764-200-
007-8, 764-210-004-6, 764-210-005-7 (the "Property").
3.1.3 Conditions Precedent to Recordation of Certificate of
Cancellation. A certificate of cancellation of the Contract will be issued and recorded at the time
S:\City Clerk\Resolutions\2004-141 exh.doc
that the conditions and contingencies specified in this Tentative Certificate and in Resolution
No. 2003-126 are satisfied.
3.1.4 Description of Conditions and Contingencies. Each of the
following conditions and contingencies must be satisfied by prior to and as a condition precedent
of the City Council of the City of La Quinta authorizing the execution and recording of the
certificate of cancellation specified in California Government Code section 51283.4(b):
(a) The Landowner shall have paid the full amount of the
cancellation fee of One Million One Hundred Sixty -Eight Thousand One
Hundred Twenty -Five Dollars ($1,168,125.00). Unless the fee is paid or a
certificate of cancellation is issued within one year from the date of the
recording of this Tentative Certificate, the fee shall be recomputed as of the
date on the notice described in California Government Code section 51283.4(b)
and the recomputed fee shall be paid in full as a condition of final cancellation
of the contract. Neither the cancellation fee nor any portion thereof shall be
waived.
(b) The Landowner shall obtain all permits and approvals necessary
to commence the project on the Property.
(c) The conditions and contingencies contained in Resolution
No. 2003-126, which are hereby incorporated herein by this reference as if
repeated in full, shall be satisfied.
IN WITNESS WHEREOF, the City of La Quinta provides the aforementioned
certification as required by California Government Code section 51283.4(a).
Executed this day of 52004.
ATTEST
o
THE CITY OF LA QUINTA, a public body
corporate and politic
June Greek, City Clerk By
Thomas P. Genovese, City Manager
APPROVED AS TO FORM:
ma
M. Katherine Jenson, City Attorney
2156/015610-0002
458675.01 al1/08/04 -2-
STATE OF CALIFORNIA )
ss
COUNTY OF
On
personally appeared
before me,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s) or the entity upon behalf" of which the person(s)
acted, executed the instrument.
Witness my hand and official seal.
Notary Public
[SEAL]
2156/015610-0002
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