SR 05:011 - Laserfiche WebLink

Centex Homes, which held an option on the property, subsequently processed a PUD development plan, development agreement, and tentative map for the property. Under the development agreement, Lonestar conveyed to the City a portion of its property (about 1.85 acres) for the realigned Vineyard Avenue, thereby splitting the 30 acres, with about 21.5 acres south of the realigned Vineyard Avenue and 6.65 acres north. In that no residential development is intended north of the realigned Vineyard Avenue, Lonestar has processed a parcel map to formally divide the property in two. It will then seek to detach from the City the northern parcel (6.65 acres) (thereby returning its status to an unincorporated area) and then process a final map on the southern parcel (21.5 acres) consistent with the approved PUD development plan and tentative map. On December 4, 2004, the City Council conducted a public hearing, and thereafter adopted a resolution, tentatively canceling the Williamson Act contract. One of the conditions of that tentative cancellation is the payment of a cancellation fee to the State. Lonestar, however, has requested that the cancellation fee be waived. DISCUSSION As stated above, in order for the cancellation fees to be waived, the city council must find that it is in the public interest to do so and if the following three things occur: 1. The cancellation is caused by change in the use of the land, and the land is not immediately suitable, nor will it be immediately used, for a purpose which produces a greater economic return to the landowner. Here, with the adoption of the Specific Plan, PUD plan, tentative map and development agreement--which required the dedication of the right of way for the realigned Vineyard Avenue--the ability of the landowner to use the property efficiently and economically for the permitted aggregate mining and quarrying operation was effectively eliminated. Moreover, the cancellation of the fee has been caused by the current land use designation of the property (Planned Unit Development--Medium Density Residential/Open Space/Vineyard District), and the land is not immediately suitable for any other purpose for which a greater economic return to the landowner will be produced. 2. It is in the best interests of the program to conserve agricultural land use that the payment is not required. SR:05:011 Page 3