Laserfiche WebLink
<br /> <br />CITY COUNCIL OF THE CITY OF PLEASANTON <br /> <br />ALAMEDA COUNTY, ALAMEDA <br /> <br />RESOLUTION NO, 0)., <br /> <br />RESOLUTION WAIVING CANCELLATION FEES FOR AGRICULTURAL <br />PRESERVE CONTRACT 1974.10B (CENTEX HOMES PROPERTY) <br /> <br />WHEREAS, on December 7, 2004, the Pleasanton City Council conducted a public hearing, <br />and thereafter adopted a resolution (Resolution No. 04.096) tentatively canceling <br />the Agricultural Preserve Contract 1974.1 OB on approximately 21 j acres of land <br />then owned by Lonestar California within the Vineyard Avenue Corridor Specific <br />Plan area; and <br /> <br />WHEREAS, on August 16,200), the Pleasanton City Council adopted a resolution canceling <br />the Agricultural Preserve Contract 1974.1 OB on approximately 21 j acres of land <br />(designated as Tract 7j 8)) now owed by Centex Homes; and <br /> <br />WHEREAS, on August 16, 200), the Pleasanton City Council approved an agreement with <br />Centex Homes by which if Centex Homes requested that the cancellation fee be <br />waived, if the City Council made the appropriate findings to allow the waiver, and <br />if the State Resources Agency also approved the waiver, the cancellation fee <br />would not be returned to Centex Homes but instead would be used to help offset <br />the cost to relocate an asphalt plant that was constructed in the unincorporated area <br />of Alameda County adjacent to the Vineyard Avenue Specific Plan area that is <br />detrimental to the purposes of the Specific Plan; and <br /> <br />WHEREAS, Centex Homes has requested that the cancellation fee be waived; and <br /> <br />WHEREAS, 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 in the best interests <br />of the program to conserve agricultural land use that the payment is not required; <br />and (j) the Secretary of the Resources Agency approves the waiver; and <br /> <br />WHEREAS, canceling the fees has been caused by a change in the land use due to the City of <br />Pleasanton's decision to annex the property (in the early 1990's) and then to <br />designate the land with a use (combination of residential, vineyards and open <br />space) different than the mining and quarrying operations for which the property <br />was used previously; due to that land use designation change, the ability of the <br />