CC Resolution 1989-045^#9: RESOLUTION NO. 89-45
CERTIFICATE OF TENTATIVE CANCELLATION OF A
PORTION OF A LAND CONSERVATION CONTRACT
Government Code. Section 51280, et sea.)
WHEREAS, Myrone 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 Agriculture*** Preserve No. 72, Map
No. 377 was divided by the adopted City limits, whereby a 3.375
acre portion of said agriculture*** 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 agriculture** 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 and diminish the Land Conservation contract for
a portion of Agriculture** Preserve No. 72, Map 377, located within
the incorporated area of the City of La Quinta pursuant to
Government Code Section 51260 et seq. and a public hearing having
been held by the City Council on April 18, 1989 1989; and
WHEREAS, in accordance with the California Environmental
Quality Act, Environmental Assessment No. 84-034 was prepared on
the overall Oak Tree West" project and related applications and
a negative declaration was adopted based upon the finding that
although the project could have Potentially significa**
environmental impacts, mitigatio* measures incorporated into the
design and conditions of approval will mitigate these impacts to
the extent feasible. Cumulative impacts, including the loss of
agriculture*** land, were recogn1ze* 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 developmen* and 40 acres of
resort, retail and office commercial; and
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^#9:RESOLUTION NO.
Page 2
WHEREAS, the amount of the cancellation fee, pursuant to
Section 51283 of the Government Code has been determined and
certifie* by this City Council to be *1p.15R.00 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 asse*tbled on April 18, 1989 1989,
that:
1. The cancellation of the contract for that certain
3.375 acre portion of Coachella Valley Agriculture**
Preserve No. 72, Map 377, located within the
incorporated area of the City of La Quinta, is a)
in the public interest in that other public concerns
substantially outweigh the objectio** of the
Williamson Act, and development of the land
contracted would provide more contiguous patterns
of urban development than development of pro*imate
non-contracted land; and b) 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 agriculture** use; Specific
Plan No. 85-006 Oak Tree West"), an approved
alternative use, is consistent with the City's
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 that 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 certificate of tentative cancellation is as
follows: payment to the Treasurer of Riverside
County of the total amount of the cancellation fee
of * 158.00
BE IT FURTHER RESOLVED, FOUND, DE'rERMINED, 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
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^#9:RESOLUTION NO. 89-45
Page 3
which provides as follows:
1. The Coachella Valley Agriculture*** 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 described by boundary description**
thereof, attached hereto as Exhibit A".
2. The Land Conservation contract between Landmark Land
Company of California, Inc., successor in interest
to *yrone E. Glass and Rose B. Glass, for the
subject Property, and the City of La Quinta,
successor in jurisdicti0* 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 1A'1, 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
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 Community
Development* Department, and in accordance with any procedures and
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^#9:*ESCLUTION NO. 89-45
Page 4
requirement* in effect at the time of the application.
PASSED, APPROVED, and ADOPTED at a regular meeting
of the La Quinta City Council, held on this 18th day of April,
1989, by the following vote, to Wit:
AYES: Council Members Bohnenberger, Bosworth, Rushworth, Sniff,
Mayor Pena
NOES: None
ABSENT: None
ABSTAIN: None
JOHN PENi+ *
*ay*r
City of La Quinta, California
AUNDRA L. JUHO City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
BARRY BRANDT, City Attorney
City of La Quinta, California
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^#9: AG*ICULTUHAL PRESERVE LAND
OAK TREE WEST
All that portion of the Southwest quarter of the Southwest quarte*
of Section 9, Township 6 South; *ange 7 East, San Bernardino *ase
and Meridian, described as follows:
Commencing at the Southwest corner of said Secti0n 9, thence N O0
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 *ay line of Avenue 54; and the
TRUE POINT OF BEGINNING;
Thence continuing Northerly on said West line N 00* 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 89' 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;
Thence S 02.09" 10" E along said Westerly right of way line a
distance of 1281.27 feet to the Northerly right of way line of said
Avenue 54;
Thence S 89* *6" 29" w along said Northerly right of way line a
distance of 166.95 feet to the point of beginning.
Excepting therefrom the Easterly 30.00 feet.
Said parcel contains 3.375 Acres.
PREPARED UNDER TRE SUPERVISION OF..
*
DATE z
26*2
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^#9: JEFFERSON STREET RIGHT OF WAY
he *asterly 30.00 Feet of the following described parcel:
All that portion of the Southwest quarter of the Southwest quarter
of Section 9, Township 6 South; Range 7 East, San Bernardino Base
3nd Meridian, described as follows.
*ommencing at the Southwest corner of said Section 9, thence N 00*
10" 31" w along the West line of said Section 9 a distance of 30.00
eet 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 00* 10" 31" W a
distance of 1280.04 feet to the Northwest corner of the Southwest
*uarter of the Southwest quarter of said Section 9;
Thence N 89* 45" 59" E along the North line of said Southwest
*uarter of the Southwest quarter a distance of 122.74 feet to the
Westerly right of way line of Jefferson Street;
Thence S 02*09" lot, E along said Westerly right of way line a
distance of 1281.27 feet to the Northerly right of way line of said
Avenue 54;
Thence S 89* 56" 29" w along said Northerly right of way line a
distance of 166.95 feet to the point of beginning.
Said parcel contains 0.882 Acres.
*REPARED UNDER THE SUPERVISION OF*. *F ESS)0*
ATE s;A;J:H.xflNTh/ *?#%*;'
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