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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. --- ~._... --- 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" ._~_..._---"--_._- _._-----~- - ----- - 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