CC Resolution 1986-027^ 3q RESOLUTION NO. 86-27
CERTIFICATE OF TENTATIVE CANCELLATION OF A
PORTION OF A LAND CONSERVATION CONTRACT
Government Code, Section 51280, et seq.)
WHEREAS, Myron E. Glass and Rose B. Glass husband and wife),
entered into a Land Conservation Contract with the County of Riverside
pursuant to the California Land Conservation Act of 1965 Government
Code Section 51200 et seq.), which contract is dated January 1, 1977,
and was recorded February 28, 1977, as Instrument No. 32801 in the
Office of the County Recorder of Riverside County, California; and
WHEREAS, upon the incorporation of the City of La Quinta on
May 1, 1982, the Coachella Valley Agricultural Preserve No. 72, Map
No. 377 was divided by the adopted City limits, whereby a 3.68-acre
portion of said agricultural preserve is located within the incor-
porated 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 juris-
diction; 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. 72, Map 377, 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 April 15,
1986; and
WHEREAS, in accordance with the California Environmental Quality
Act, Environmental Assessment No. 84-034 was prepared on the overall
1Oak Tree West'1 project and related applications and a negative
declaration was adopted based upon the finding that although the
project could have potentially significant environmental impacts,
mitigation measures incorporated into the design and conditions of
approval will mitigate these impacts to the extent feasible.
Cumulative impacts, including the loss of agricultural land, were
recognized at the City Council's adoption of the EIR for La Quinta
Redevelopment Project No. 1, 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 No. 85-006, Oak Tree West", which is approved for
golf course and residential development on the site as part of the
approximate overall 1020-acre project having 2245 residential
dwellings, 400 acres of golf course development and 40 acres of
resort, retail and office commercial; and
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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 $11,730.00 and the amount of
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,
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 April 15, 1986, that:
1. The cancellation of the contract for that portion of
Coachella Valley Agricultural Preserve No. 72, Map 377,
located within the incorporated area of the City of
La Quinta, is 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 No. 85-006 Oak Tree West"), an approved alternative
use, is consistent with the City1s General Plan; cancella-
tion 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 condition with which the landowner must comply within
one year following the date of the recording of this certi-
ficate of tentative cancellation is as follows: payment to
the Treasurer of Riverside County of the total amount of the
cancellation fee of $11,730.00.
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 the 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 No. 72, Map 377,
recorded February 28, 1977, as Instrument No. 32801, in the
Office of the County Recorder of Riverside County,
California, be amended by deleting therefrom the area shown
on the map entitled Exhibit No. 1 and described by boundary
description thereof, said map and description both being on
file in the Office of the City Clerk.
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2. The Land Conservation Contract between Landmark Land Company
of California, Inc., successor in interest to Myron E. Glass
and Rose B. Glass, for the subject property, and the City of
La Quinta, successor in jurisdiction to the County of
Riverside for the incorporated property, said contract dated
January 1, 1977, and recorded February 28, 1977, as
Instrument No. 32801 in the Office of the County Recorder of
Riverside County, California, will be cancelled as to a
portion of said contract the real property in the City of
La Quinta, County of Riverside, State of California,
described in attached Exhibit A, which is made a part of this
resolution.
BE IT FURTHER RESOLVED that if the conditions of approval are not
satisfied within one year, the tentative cancellation shall be with-
drawn.
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 land-
owner 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 Community Development
Department, and 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 15th day of April 1986, by the following Roll
Call vote:
AYES: Council Members Allen, Bohnenberger, Cox, Wolff and Mayor Pena.
NOES: Noes.
ABSENT: None.
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ATTEST:
*
APP/H%AS TO FORM: APPROVED AS TO CONTENT:
CITY ATTORNEY CITY M*AGER
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^ 3q EXHIBIT B"
AGRICULTURAL PRESERVE LAND
OAK TREE WEST
All that portion of the Southwest quarter of the South-
west quarter of Section 9, Township 6 South; Range 7
East1 San Bernardino Base and Meridian, described as
follows:
Commencing at the Southwest corner of said Section 9,
0
thence N 00 10' 31" W along the West line of said
Section 9 a distance of 30.00 feet to a point on the
North right of way line of Avenue 54; and the TRUE
POINT OF BEGINNING,
Thence continuing Northerly on said West line N 000
10' 31" W a distance of 1280.04 feet to the Northwest
corner of the Southwest quarter of the Southwest
quarter of said Section 9,
Thence N 890 45' 59" E along the North line of said
Southwest quarter of the Southwest quarter a distance
of 122.74 feet to the Westerly right of way line of
Jefferson Street,
0
Thence S 02 09' 10" E along said Westerly right of
way line a distance 1281.27 feet to the Northerly right
of way line of said Avenue 54,
0
Thence S 89 56' 29" W along said Northerly right of
way line a distance of 166.95 feet to the point of
beginning.
04-15-86
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^ 3q 0,
C.) Ihiumyw- IL
U
I I F
*ZO Coachella \`alley
227.05 acres Agricultural
*11Preserve No.72, Map No.377
total
p
SITE
3.68 acres
EXHIBIT A"
COACHELLA VALLEY AGRICULTURAL
PRESERVE NO.72
CANCELLATION OF LAND CONSERVATION CONTRACT
APPLICANT: LANDMARK LAND COMPANY
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