SR 05:215 - Laserfiche WebLink

This property was subject to an agricultural preserve contract, often referred to as a Williamson Act contract. Property owners owning property subject to such a contract pay real property taxes at a reduced rate but the land cannot be developed for' residential purposes while under contract. This type of contract, however, may be cancelled at the request of the property owner. The jurisdiction in which the property is located must make certain findings in order to cancel the contract and if those findings are made, the property owner must pay a cancellation fee. The fee eventually is transmitted to the State Department of Conservation. The cancellation fee, however, may be waived if certain findings are made by the jurisdiction in which the property is located and by the State Resources Agency. If the fee is cancelled, under most circumstances the property owner would retain the fees. In December 2004, the City Council adopted a resolution tentatively canceling the Williamson Act contract on the Centex Homes property. The amount of the cancellation fee has been computed by the County at $562,500. Located adjacent to the Vineyard Avenue Corridor Specific Plan in the unincorporated area of Alameda County is an asphalt plant operated by Granite Construction. This asphalt plant has been the subject of complaints by a number of Pleasanton residents who have complained about its smell and its visual intrusion. There have been a number of public hearings about the plant before the Alameda County Planning Commission and a number of meetings about the plant between City and County staff and representatives from Granite Construction and RMC Lonestar, on whose property the plant sits. Granite has indicated that it would cost about one million dollars to relocate the plant to a different (presumably more acceptable from Pleasanton's point of view) location on the RMC site. There is, however, at this time no written agreement as to any relocation of the plant. City staff has had discussions with Centex concerning the relocation costs of the asphalt plant. Because Centex has been in the forefront of providing energy efficient improvements in its homes (e.g., tankless water heaters, 2.4 kV photovoltaic systems, etc.), City staff has also held discussions with Centex about is enhancing the homes in Tract 7385 with these energy efficient improvements. Centex has been responsive to both issues, as set forth in the attached agreement. DISCUSSION The agreement provides that Centex will pay the City $562,500 as the fee to cancel the Williamson Act contract on the property; Centex will also deposit with the City an additional $500,000. In September, the City will consider Centex's request to waive that fee and if the City makes the necessary findings, Centex and the City will request the State Resources Agency also to waive the fees. (The State is given to January 31, 2006 to make a decision.) SR:05:215 Page 2