SR 05:218 - Laserfiche WebLink

The Ruby Hill Fire Station will have access directly from Machado Place. Several other parcels will have access from Machado Place crossing the Vineyard Trail. The Safreno parcel will have access from Safreno Way via a roadway easement adjacent to the Vineyard Trail. The proposed improvements within this development conform to the conceptual planning for the site specified in the Vineyard Avenue Corridor Specific Plan. Cancellation of the Agricultural Preserve (Williamson Act) Contract When this property was annexed to the City, it was subject to an agricultural preserve contract, more commonly known as a Williamson Act contract. Property owners owning property subject to such a contract pay real taxes at a reduced rate, but the land cannot be developed for residential purposes while under such contract. This contract, however, may be cancelled at the request of the property owner if the jurisdiction in which the property is located makes certain findings and the property owner satisfies certain conditions, such as paying a cancellation fee. That fee eventually is transmitted to the State Department of Conservation. In December 2004, City Council adopted a resolution tentatively canceling the Williamson Act contract on this property. The mount of the cancellation fee was calculated by the County as $562,500. Centex has paid that cancellation fee to the City. Accordingly, attached is a resolution canceling the contract. As indicated, however, in the companion staff report concerning the use of Centex fees, the City will hold onto these funds until a subsequent decision is made (first by the City Council and then by the State), whether these fees can be waived. Discretion to Deny the Final Map A local agency may not disapprove a final map if it has previously approved a tentative map for the proposed subdivision, and if it finds that the final map is in substantial compliance with the previously approved tentative map (Government Code, section 66474.1). A final map shall be disapproved only for failure to meet conditions that were applicable at the time the tentative map was approved. If the final map is disapproved, there must be a finding identifying the conditions that were not met (Government Code, section 66473). The approval of a final map, when the final map substantially complies with the previously approved tentative map, is a mandatory, ministerial act. Staff has reviewed the conditions of approval of the tentative map, and finds that all conditions have been satisfied and that the final map complies with the tentative map. SR:05:218 Page 3 of 4