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<br />CITY COUNCIL OF THE CITY OF PLEASANTON <br />ALAMEDA COUNTY, ALAMEDA <br />RESOLUTION NO. 05-069 <br />RESOLUTION WAIVING CANCELLATION FEES FOR <br />AGRICULTURAL PRESERVE CONTRACT 1974-10B <br />(CENTEX HOMES PROPERTY) <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-IOB on approximately 21.5 acres of land <br />then owned by Lonestar California within the Vineyard A venue Corridor Specific <br />Plan area; and <br />WHEREAS, on August 16, 2005, the Pleasanton City Council adopted a resolution canceling <br />the Agricultural Preserve Contract 1974-IOB on approximately 21.5 acres of land <br />(designated as Tract 7385) now owed by Centex Homes; and <br />WHEREAS, on August 16, 2005, 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 />WHEREAS, Centex Homes has requested that the cancellation fee be waived; and <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: (I) 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 (3) the Secretary of the Resources Agency approves the waiver; and <br />