CC Resolution 1991-107"@ II
RESOLUTION 91-107
CERTIFICATE OF TENTATIVE CANCELLATION OF
A PORTION OF A LAND CONSERVATION
CONTRACT FOR AGRICULTURAL PRESERVE #74
GOVERNMENT CODE, SECTION 51280, ET SEQ.)
WHEREAS, a Land Conservation Contract was entered into with the
County of Riverside pursuant to the California Land Conservation Act of 1965
Government Code Section 51200 et seq.) for the property as shown on Exhibit A"
attached hereto, which contract is dated June 29, 1976, and was recorded September
2, 1976, as Instrument No.132450 in the Office of the County Recorder of Riverside
County, California; and
WHEREAS, upon annexation by the City of La Quinta effective January
30) 1991, Coachella Valley Agricultural Preserve #74, Map No.382 was divided by
the adopted City limits, whereby a 160 acre portion of said agricultural preserve is
located within the incorporated boundary of the City of La Quinta; and
WHEREAS, pursuant to Government Code Section 51235, the City of La
Quinta has acquired all rights and responsibilities specified under the Land
Conservation Act of 1965, including the right to enlarge, diminish or disestablish an
agricultural preserve within its jurisdiction; and
WHEREAS, a petition has been filed by Landmark Land Company of
California, Inc., a successor in interest of the subject property to cancel the Land
Conservation Contract for said portion of Agricultural Preserve No.74, Map 382,
located within the incorporated area of the City of La Quinta pursuant to Government
Code Section 51280 et seq. and a Public Hearing having been held by the City
Council on December 3, 1991; and
WHEREAS, in accordance with the California Environmental Quality Act,
a draft and Final EIR was prepared on the overall Specific Plan 90-017 project and
related applications, and was certified by the La Quinta City Council. Cumulative
impacts, including the loss of agricultural land, were recognized at the City
Council's adoption of the EIR for Specific Plan 90-017, of which this project is a
part, and the Council's adoption of a Statement of Overriding Considerations; and
WHEREAS, the landowner has proposed, if the cancellation is approved,
that the land be used for the following alternative use: Specific Plan 90-017, which
is for golf course and residential development on the site as part of the approximate
overall 220 acre project having 880 residential dwellings, 101 acres of golf course
development and 119 acres for the residential uses; and
WHEREAS, the amount of the cancellation fee, pursuant to Section 51283
of the Government Code has been determined and certified by this City Council to
be $896,827 and the amount of the additional deferred taxes, pursuant to Section
51283.1 of the Government Code has been determined and certified by this Council
to be $0; now, therefore,
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BE IT RESOLVED, FOUND AND DETERMINED by the City Council of the
City of La Quinta, County of Riverside, State of California, in regular session
assembled on December 3, 1991, that:
1. The cancellation of the contract for that portion of Coachella Valley
Agricultural Preserve #74, Map 382, located within the incorporated area of
the City of La Quinta, has been found to be consistent with the purposes of
the California Land Conservation Act of California in that: a Notice of Non-
Renewal has been served pursuant to Government Code Section 51245;
cancellation is not likely to result in the removal of adjacent lands from
agricultural use; Specific Plan 90-017, an approved alternative use, is
consistent with the City1s General Plan; cancellation will not result in
discontiguous patterns of urban development; and that development of the
contracted land would provide a more contiguous pattern of urban
development than development of proximate non-contracted land.
2. The cancellation of the contract for that portion of Coachella Valley Preserve
#74, Map 382, located within the incorporated area of the City of La Quinta has
been found to be in the public interest in that: other public concerns
outweigh the objectives of the Williamson Act; there is no available, proximate,
non-contracted land suitable for the proposed project; and cancellation of the
contract would provide more contiguous development patterns than
development of proximate non-contracted lands.
3. The condition with which the landowner must comply within one year following
the date of the recording of this certificate of tentative cancellation is as
follows: payment to the Treasurer of Riverside County of the total amount of
the cancellation fee of $896,827
BE IT FURTHER RESOLVED, FOUND, DETERMINED, AND ORDERED
that the City Clerk shall file and record copies of this resolution, map, and boundary
description in the office of the County Recorder of Riverside County; and with the
Director of Conservation, State of California; that the landowner shall have a period
of one year from the date of said recording to comply with all Conditions of
Approval; that upon completion of all the conditions, the landowner will be entitled
to a final certificate of cancellation which provides as follows:
1. The Coachella Valley Agricultural Preserve #74, Map 382, recorded September
2, 1976, as Instrument 132450, in the Office of the County Recorder of
Riverside, California, be amended by deleting therefrom the area shown on
the map and described by boundary description thereof, said map and
description both being on file in the Office of the City Clerk.
2 The Land Conservation Contract between Landmark Land Company of
California, Inc., successor in interest to the subject property, and the City
of La Quinta, successor in jurisdiction to the County of Riverside for the
incorporated property, said contract dated June 29, 1976, and recorded as
Instrument No. 132450 in the Office of the County Recorder of Riverside
County, California, will be cancelled as to a portion of said contract for the
real property in the City of La Quinta, County of Riverside, State of
California, described in attached Exhibit Bt*, which is made a part of this
Resolution.
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BE IT FURTHER RESOLVED, that if the Conditions of Approval are not
satisfied within one year, the tentative cancellation shall be withdrawn.
BE IT FURTHER RESOLVED, that upon application of the landowner,
the Council may extend the one year time period for completing all Conditions of
Approval upon a finding by the Council that the landowner has proceeded with due
diligence and has been prevented from satisfying the Conditions of Approval by
circumstances beyond its control. If the Council extends the period of time for
payment of the cancellation fee, the fee shall be recomputed as a part of the request
for extension of time and the landowner shall be required to pay the recomputed fee
as a condition to final cancellation of the contract.
BE IT FURTHER RESOLVED that upon application of the landowner, the
Council may hereafter amend a tentatively approved alternative use if the Council
finds that such amended alternative use is consistent with the General Plan and does
not result in discontiguous patterns of urban development.
BE IT FURTHER RESOLVED that an application for extension of the
period of time to complete the Conditions of Approval or to amend the approved
alternate use shall be made to the Planning and Development Department, in
accordance with any procedures and requirements in effect at the time of the
application.
APPROVED AND ADOPTED by the La Quinta City Council at a regular
meeting held this 3rd day of December, 1991, by the following vote:
AYES: Council Members Bohnenberger, Franklin, Rushworth, Sniff
& Mayor Pena
NOES: None
ABSENT: None
ABSTAIN: None
City of Qui a, California
AUNDRA L. JUHO City Clerk
City of La Quinta, Califo*nia
APPROVED AS TO FORM
DAWN HONEYWELL, City Attorney
City of La Quinta, California
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EXHIBIT A"
COACHELLA VALLEY AGRICULTURAL
PRESERVE NO.74
CANCELLATION OF LAND CONSERVATION CONTRACT
014
APPLICANT: LANDMARK LAND COMPANY
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EXHIBIT B"
LEGAL DESCRIPTION
AGRICULTURAL PRESERVE #74
TENTATIVE CANCELLATION
The southwest quarter of Section 22, Township 6 South, Range 7 East, San
Bernardino Base and Meridian;
Excepting therefrom the southerly 30 feet thereof, for public road purposes.
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