CC Resolution 2005-037
RESOLUTION NO. 2005-037
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING A TENTATIVE
CANCELLATION OF LAND CONSERVATION
(WilliAMSON ACT) CONTRACT FOR 40 ± ACRES FOR
A PORTION OF COACH ELLA VALLEY AGRICULTURAL
PRESERVE NO. 76
CASE NO.: AGRICULTURAL PRESERVE 2005-002
APPLICANT: EAST OF MADISON, LLC
WHEREAS, the City Council of the City of La Quinta, California, did,
on the 3RD day of May, 2005, hold a duly noticed Public Hearing to consider an
Agricultural Preserve application to tentatively cancel a Land Conservation
(Williamson Act) contract for 40 ± acres for a portion of Coach ell a Valley Preserve
No. 76, generally located at the south side of Avenue 52, 1 ,320 feet east of
Madison Street within the Madison Club, more particularly described as follows:
APNs: 767-200-002 and 767-200-003
WHEREAS, said Agricultural Contract cancellation has complied with
the requirements of liThe Rules to Implement the California Environmental Quality
Act of 1 970" (as amended; Resolution 83-68 adopted by the La Quinta City
Council) in that Environmental Assessment 2004-520, an Addendum to EIR
SCH#99061109, was certified by the City Council on February 1, 2005, by
adoption of Resolution 2005-016 for Specific Plan 99-035, Amendment # 1, in
accordance with the requirements of "The Rules to Implement the California
Environmental Quality Act of 1 970" as amended (Resolution 83-63); 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 tentative
cancellation of said Land Conservation (Williamson Act) contract for 40 ± acres of
Coach ell a Valley Preserve No. 76:
1 . The cancellation is for land on which a Notice of Non-renewal has been
served pursuant to Gov. Code section 51245.
Notices of Non-Renewal of the Williamson Act Contracts were recorded as
Instrument Nos. 2002-776903 and 2002-776904, Official Records of Riverside
County, California, on December 26, 2002, and were served on the City on June
26, 2003.
Resolution No. 2005-037
Agricultural Preserve 2005-002
East of Madison, LLC
Adopted: May 3,2005
Page 2
2. The cancellation is not likely to result in the removal of adjacent lands from
agricultural use.
The Project continues the planned and orderly development of the City of La
Quinta. The Williamson Act Property has been added to the Desert of the Country
Club ("DOCC") Specific Plan area, which is adjacent to and extends along the
entire west and south boundaries of the Williamson Act Property. The Project's
mix of residential and private golf course uses continues the existing residential and
private golf course uses on those lands in the DOCC Specific Plan area. The
Project also is a continuation of the existing "Hideaway" development, a single-
family residential and golf community that borders the Project to the west and is
substantially constructed. Because these lands are already developed, the
cancellation cannot result in their removal from agricultural uses.
As to the lands to the Project's east, although most if not all of these lands are not
yet developed, these lands are either in the preliminary stages of the development
processor are planned for future development, in accordance with the City's
General Plan. Therefore, it would be the City's long-term planning and growth
policies, and not this cancellation that causes the removal of these lands from
agricultural use.
As to the lands to the Project's north, these lands are located in the City of Indio
and are used for equestrian shows and other equestrian activities at the Empire
Polo Grounds, as well as other outdoor events. The City of India's General Plan
and Zoning authorize a small amount of residential uses on these lands. Because
the uses on these lands are already non-agriculture and/or planned for residential
uses, this cancellation cannot cause the removal of these lands from agricultural
use.
3. The cancellation is for an alternative use that is consistent with the
applicable provisions of the City's General Plan.
The General Plan designates the Williamson Act Property as "Low Density
Residential" with an "Agriculture/Equestrian" Overlay. The Low Density Residential
designation authorizes up to four (4) dwelling units per acre. The Project's net
density of 1 .38 dwelling units per acre falls within this limitation. The
Agriculture/Equestrian Overlay permits private golf course uses when those uses
are authorized in an adopted specific plan. The City's adoption of the CCOD
Specific Plan Amendment has fulfilled this requirement. The Project also is
consistent with numerous policies in the Land Use, Traffic and Circulation, Open
Space, Parks and Recreation, Natural Resources, and Infrastructure and Public
Services Elements of the General Plan.
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Resolution No. 2005-037
Agricultural Preserve 2005-002
East of Madison, LLC
Adopted: May 3,2005
Page 3
4. The cancellation will not result in noncontiguous patterns of urban
development.
The Project continues the City's orderly pattern of urban development and growth.
As described above in Finding No.2, the lands adjacent to and along the Project's
entire south and west boundaries are existing/and or approved residential and golf
communities. To the Project's east, although these lands are generally not as far
along in the development process, these lands are planned and/or approved for
urban development and will continue the orderly growth and expansion of the City.
To the Project's north, in the City of Indio, these lands are either currently occupied
with, or are planned for, uses that are compatible with urban development.
The City's General Plan establishes a planning protocol requiring the annexation
and development of properties closest to the City's core first, and then
systematically expanding outward without skipping over undeveloped lands. The
cancellation of the Williamson Act Contracts is consistent with this protocol. The
cancellation therefore does not create or result in "leapfrog" development with
pockets of undeveloped lands. On the other hand, not canceling the Williamson
Act Contracts and continuing agricultural uses at the Williamson Act Property
would result in a noncontiguous pattern of development because the Williamson
Act Property would be the only agricultural use in an area of urban development.
Agricultural uses at t.he Property would be inconsistent and disorderly.
Public infrastructure near the Project has been constructed at a scale and
configured, where appropriate, to anticipate the urban development of the
Williamson Act Property. Sewage disposal will be provided by the Coachella Valley
Water District (tlCVWDtI), and an existing 27t1 gravity sewer main, with sufficient
capacity to serve the Project, exists in Madison Avenue and will connect to the
Project. The Project has a guaranteed potable water supply pursuant to an
agreement with the CVWD. Irrigation water will be provided by the CVWD via the
Coachella Canal. The Project's roads will connect to existing roads that have been
sized to accommodate the Project. As to impacts on schools, the developer will
mitigate all schools impacts through the payment of fees in accordance with state
and local law.
The Project applicant is fully capable of and very likely to, carry through the
development of the Project. The developer is East of Madison, LLC, a partnership
between Nationwide Realty Investors r'NRI") and Discovery Land Company, Inc.
(IIDiscovery"). NRI is a wholly owned real estate investment and development arm
of Nationwide Insurance, one of the largest insurance and financial services
companies in the world, with more than $148 billion in statutory assets.
Resolution No. 2005-037
Agricultural Preserve 2005-002
East of Madison, LLC
Adopted: May 3,2005
Page 4
Discovery, managing partner of East of Madison, LLC, is a San Francisco-based real
estate development firm specializing in the creation of world-class residential and
golf communities. Discovery has built nine such projects, with three more in the
pre-development stages, including The Madison Club. Under the auspices of ND La
Quinta Partners, LLC, NRI and Discovery developed The Hideaway, a 560-acre
residential and golf community immediately west of The Madison Club that is also
part of the underlying CCOD Specific Plan area.
5. There is no proximate, non-contracted land which is both available and
suitable for the use to which it is proposed the contracted land be put, or,
the development of the contracted land would provide more contiguous
patterns of urban development than development of proximate, non-
contracted land.
IIProximate non-contracted land" means land not restricted by contract that is
sufficiently close that it can serve as a practical alternative for the contracted land
{Gov. Code § 51282(c)}. "Suitable" for the proposed use means that the salient
features of the proposed use can be served by land not restricted by contract.
In this case, no proximate non-contracted land is both suitable and available for the'
proposed uses of the Project. The lands to the Project's west, south, and east all
are proximate and non-contracted. However, the lands to the Project's west and
south are all part of the CCOD Specific Plan area, and are planned for development
as residential and golf communities. The lands to the Project's east is currently
under construction. Because these lands already are developed or planned for
development, they cannot serve as a substitute for the proposed uses of the
Project. As to the lands located to the ProJect's north, five parcels proximate to
the Project are under Williamson Act contract. As to those lands that are
proximate and non-contracted, they are located outside of the City's boundary, are
currently occupied with existing equestrian-related and outdoor event uses, and/or
are zoned for only a limited amount of residential uses. Therefore, they are not
. available for the proposed uses.
Development of the Williamson Act Property will provide more contiguous patterns
of urban development than the development of proximate, non-contracted land
because the only proximate, non-contracted land that is available and suitable are
located farther away from the City's existing urban development than the
Williamson Act Property. The City's existing urban development is adjacent to the
Project to the south and west. The only proximate, non-contracted lands are
located to the north and east of the Williamson Act Property, farther away from the
City's core and existing urban development. Development of the proximate, non-
contacted lands prior to the Williamson Act Property would result in "leapfrog"
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Resolution No. 2005-037
Agricultural Preserve 2005-002.
East of Madison, LLC
Adopted: May 3, 2005
Page 5
development, with the agricultural uses at the Property interrupting the pattern of
urban development extending out from the City's core. Such development would
be inconsistent with the City's orderly planning protocol of systematic development
radiating outward from the City core.
6. Other public concerns substantially outweigh the objectives of the
Williamson Act.
Cancellation of the Williamson Act Contracts and development of the Williamson
Act Property is consistent with the City's General Plan, which calls for the
development of the Property with residential and golf course uses. The General
Plan designates the Property for low density residential uses, and authorizes golf
course uses when those uses are set forth in an adopted specific plan. The City's
adoption of the CCOD Specific Plan Amendment will fulfill this requirement.
Cancellation of the Williamson Act Contracts also is consistent with numerous
policies in the Land Use, Traffic and Circulation, Open Space, Parks and Recreation,
Natural Resources, and Infrastructure and Public Services Elements of the General
Plan.
Development of the Williamson Act Property fulfills the City's protocol for orderly
and well-planned development. The City's General Plan establishes a planning
protocol requiring the annexation and development of properties closest to the
City's core first, and then systematically expanding outward without skipping over
undeveloped lands. The cancellation of the Williamson Act Contracts is consistent
with this protocol. The lands adjacent to and along the Project's entire south and
west boundaries are existing residential and golf communities. To the Project's
east, although the lands are generally not as far along in the development process,
these lands are planned for urban development and will continue the orderly growth
and expansion of the City. To the Project's north, in the City of Indio, these lands
are either currently occupied with, or are planned 'for, uses that are compatible with
urban development.
The cancellation does not create or result in "leapfrog" development with pockets
of undeveloped lands located between existing urban development and the
Williamson Act Property. On the other hand, not canceling the Williamson Act
Contracts and continuing agricultural uses at the Property would create a
noncontiguous pattern of development because the Property would be the only
agricultural use in an area of urban development. Agricultural uses at the Property
therefore would be inconsistent and disorderly.
Resolution No. 2005-037
Agricultural Preserve 2005-002
East of Madison, LLC
Adopted: May 3, 2005
Page 6
According to the Legislature, the availability of housing is a matter of "vital
statewide importance," and "the early attainment of decent housing and a suitable
living environment for every California family is a priority of the highest order" per
Gov't Code § 65580(a). The attainment of this goal "requires cooperative
participation between government and the private sector" (Gov't Code §
. 65580(b)), and the use of state and local governmental power "to facilitate the
improvement and development of housing" (Gov't Code § 65580(d)). The
cancellation of the Williamson Act Contracts will fulfill the foregoing state policies
promoting the development of much-needed housing because the Project proposes
to provide approximately 40 residential units. The Project's residential
development also will contribute to the City's obligation under the state Planning
and Zoning Law to provide its regional fair share of housing.
Public infrastructure near the Project has been constructed at a scale and
configured, where appropriate, to anticipate the urban development of the
Williamson Act Property. Sewage disposal will be- provided by the Coachella Valley
Water District ("CVWD"), and an existing 27" gravity sewer main, with sufficient
capacity to serve the Project, exists in Madison Avenue and will be connected to
the Project. The Project has a guaranteed potable water supply pursuant to an
agreement with the CVWD. Irrigation water will be provided by the CVWD via the
Coachella Canal. The Project's roads will connect to existing roads that have been
sized to accommodate the Project. As to impacts on schools, the developer will
mitigate all schools impacts through the payment of fees in -accordance with state
and local law.
The Project applicant is fully capable of, and very likely to, carry through the
development of the Project. The developer is East of Madison, LLC, a partnership
between Nationwide Realty Investors (IINRI") and Discovery Land Company, Inc.
(IIDiscovery"). NRI is a wholly owned real estate investment and development arm
of Nationwide Insurance, one of the largest insurance and financial services
companies in the world, with more than $148 billion in statutory assets.
Discovery, managing partner of East of Madison, LLC, is a San Francisco-based real
estate development firm specializing in the creation of world-class residential and
golf communities. Discovery has built nine such projects, with three more in the
pre-development stages, including The Madison Club. Under the auspices of ND La
Quinta Partners, LLC, NRI and Discovery developed The Hideaway, a 560-acre
residential and golf community immediately west of The Madison Club that is also
part of the underlying CCOD Specific Plan area.
- . _. _..~ --- ---~-----------~----,----
Resolution No. 2005-037
Agricultural Preserve 2005-002
East of Madison, LLC
Adopted: May 3, 2005
Page 7
7. There is no proximate, non-contracted land which is both available and
suitable for the use to which it is proposed the contracted land be put, or,
the development of the contracted land would provide more contiguous
patterns of urban development than development of proximate, non-
contracted land.
IIProximate non-contracted land" means land not restricted by contract that is
sufficiently close that it can serve as a practical alternative for the contracted land
{Gov. Code § 51282(c)}. "Suitable" for the proposed use means that the salient
features of the proposed use can be served by land not restricted by contract.
In this - case, no proximate non-contracted land is both suitable and available for the
proposed uses of the Project. The lands to the Project's west, south, and east all
are proximate and non-contracted. However, the lands to the Project's west and
south are all part of the CCOD Specific Plan area and are planned for development
as residential and golf communities. The lands to the Project's east also are
already planned for development. Because these lands already are developed or
planned for development, they cannot serve as a substitute for the proposed uses
of the Project. As to the lands located to the Project's north, five parcels
proximate to the Project are under Williamson Act contract. As to those lands that
are proximate and non-contracted, they are located outside of the City's boundary,
are currently occupied with existing equestrian-related and outdoor event uses,
and/or are zoned for only a limited amount of residential uses. Therefore, they are
not available for the proposed uses.
Development of the Williamson Act Property will provide more contiguous patterns
of urban development than the development of proximate, non-contracted land
because the only proximate, non-contracted land that. is available and suitable are
located farther away from the City's existing urban development than the Property.
The City's existing urban development is adjacent to the Project to the south and
west. The only proximate, non-contracted lands are located to the north and east
of the Williamson Act Property, farther away from the City's core and existing
urban development. Development of the proximate, non-contacted lands prior to
the Williamson Act Property would result in "leapfrog" development, with the
agricultural uses at the Property interrupting the pattern of urban development-
extending out from the City's core. Such developm,ent would be inconsistent with
the City's orderly planning protocol of systematic development radiating outward
from the City core.
Resolution No. 2005-037 .
Agricultural Preserve 2005-002
East of Madison, LLC
Adopted: May 3, 2005
Page 8
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; and
2. That it does hereby approve to tentative cancellation of a Land Conservation
(Williamson Act) contract for 40 ± acres of Coachella Valley Preserve No. 76,
as shown in Exhibit IIA" 'and subject to Conditions as contained in Exhibit liB"
attached hereto and made a part of, for the reasons set· forth in this
Resolution.
PASSED, APPROVED and ADOPTED at a regular meeting of the City
of La Quinta City Council, held on this 3rd day of May, 2005, by the following vote,
to wit:
AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
DONALD ADOL H, M r
City of La Quinta, California
ATTEST:
~ø.~..»
JUN· G EK, CMC, City CI
City of La Quinta, California
(CITY SEAL)
I\~-' '~" ~- "', '-
Resolution No. 2005-037
Agricultural Preserve 2005-002
East of Madison, llC
Adopted: May 3, 2005
Page 9
APPROVED AS TO FORM:
INE JENSON, City A
uinta, California