SR 05:170 - Laserfiche WebLink

residential development is intended north of the realigned Vineyard Avenue, Lonestar processed a parcel map to formally divide the property in two. (Lonestar intends to detach from the City the northern parcel (6.6) acres), thereby returning its status to an unincorporated area.) Centex has processed a final map (Tract 7)8)) on the southern parcel (21.) 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 on the 21,) acres. On August 16, 200), in conjunction with the approval of the final map for Tract 738), City Council cancelled the Williamson Act contact on the 21 j acres. Council also approved an agreement with Centex by which if the cancellation fees were waived by the City and the State, those funds would be used to assist in the relocation of an asphalt plant that is located in the unincorporated area north of the Specific Plan area. Centex has requested that the cancellation fee be waived and used for the purposes set forth in the agreement referenced above. DISCUSSION 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 A venuenthe 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 SpaceNineyard 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. The purpose of the Williamson Act contract program is to conserve agricultural land. The Vineyard Avenue Corridor Specific Plan requires the planting of crops and the creation of conservation easements for agricultural purposes. In addition, the Specific Plan, by requiring new development to be clustered and limited in number, protects outlying agricultural land from residential encroachment. SR 05:170 Page 3