Laserfiche WebLink
WHEREAS, <br /> <br />WHEREAS, <br /> <br />WHEREAS, <br />WHEREAS, <br /> <br />WHEREAS, <br /> <br />WHEREAS, <br /> <br />CITY COUNCIL OF THE CITY OF PLEASANTON <br /> <br /> ALAMEDA COUNTY, ALAMEDA <br /> <br /> RESOLUTION NO. 04- <br /> <br />RESOLUTION SETTING FORTH FINDINGS AND WAIVING <br />CANCELLATION FEES ON AGRICULTURAL PRESERVE <br />CONTRACT 1974-10B (RMC/LONESTAR PROPERTY) <br /> <br />on December 7, 2004, the Pleasanton City Council conducted a public hearing, <br />and thereafter adopted a resolution (Resolution No. 04-096) tentatively cancelling <br />the Agricultural Preserve Contract 1974-1 OB on approximately 21.5 acres of land <br />owned by Lonestar California within the Vineyard Avenue Corridor Specific Plan <br />area; and <br /> <br />one of the conditions of the tentative cancellation of the Contract is the <br />landowner's payment of a cancellation fee; and <br /> <br />the landowner has requested that the cancellation fee be waived; and <br /> <br />in order for the City Council to waive the cancellation fee, it must find that it is in <br />the public interest to do so and if the following three events occur: (1) the <br />cancellation is caused by a change in the use of the land, and the land is not <br />immediately suitable, nor will it be immediately suitable, for a purpose which <br />produces a greater economic return to the landowner; (2) it is the best interests of <br />the program to conserve agricultural land use that the payment is not required; and <br />(3) the Secretary of the Resources Agency approves the waiver; and <br /> <br />the Council now finds that it is the public interest for the fees to be waived for the <br />same reasons as it was in the public interest to cancel the Contract itself (i.e., <br />public concerns outweigh the objectives of the Williamson Act, and there is no <br />proximate noncontracted land which is both available and suitable for the use to <br />which it is proposed the contracted land be put, or that development of the <br />contracted land would provide more contiguous patterns of urban development <br />than development of proximate noncontracted land.); and <br /> <br />the adoption of the Vineyard Avenue Corridor Specific Plan, the adoption of the <br />PUD development plan and tentative map for the 21.5 acres, and the adoption of <br />the development agreement for the 21.5 acre site -- which required the dedication <br />(in lieu of condemnation) of the right-of-way for the realigned Vineyard Avenue -- <br />effectively eliminated the ability of the landowner to use the property efficiently <br />and economically for permitted aggregate mining and quarrying operations; and <br /> <br /> <br />