SR 05:011 - Laserfiche WebLink

Honorable Mayor and Members of the City Council: BACKGROUND Under state law (the Williamson Act), a city or county (more often, the latter) may establish agricultural preserves and enumerate those land uses which are compatible or permitted on such lands. The city or county may also by contract limit the use of agricultural lands within agricultural preserves in exchange for a reduction in property tax assessments while the property is subject to the contract. Williamson Act contracts are binding on all successors in interest including annexing jurisdictions. Contracts have an initial term of 10 years and are automatically renewed unless a notice of nonrenewal is given. Once the notice of nonrenewal is given, the property will no longer be subject to contract after 10 years. The contract, however, may also be cancelled upon the request of the landowner. A city or county may grant cancellation if it makes a number of findings specified in the Act. In order to cancel the contract, the landowner is to pay a cancellation fee equal to 12.5% of the value of the land. Accordingly, when a city or county makes the findings relative to cancellation, it tentatively cancels the contract, subject to the cancellation fees being paid and the landowner satisfying any other condition of the resolution canceling the contract. A public hearing and notice to adjacent property owners and to the State Department of Conservation are necessary for cancellation. In addition, if a city council finds that it is in the public interest to do so, the council may waive any payment, or any portion of any payment, of the cancellation fee, if certain findings are made, namely: (1) the cancellation is caused by an involuntary transfer or change in the use of the land and the land is not immediately suitable for a purpose which produces a greater economic return to the landowner; (2) it is in the best interest of the program to conserve agricultural land use that the payment be waived; and (3) the waiver is approved by the Secretary of the Resources Agency (a State agency). In 1974, Lonestar Industries owned 30 acres generally north of the then existing Vineyard Avenue; the acreage was all within the unincorporated area of Alameda County. At that time, Lonestar entered into an Agricultural Preserve Contract with Alameda County for the 30 acres. In the early 1990's, the City annexed this property but the property remained subject to the contract. In 1999, the City adopted the Vineyard Avenue Corridor Specific Plan. That Plan designated the southern 21.5 acres of the property for residential development (about 27 homes). Also in 1999 Lonestar gave notice to cancel the contract on the entire property. SR:05:011 Page 2