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imbalance which has been projected through rapid <br />commercial/industrial development in north <br />Pleasanton. It will add parkland for existing as <br />well as new urban dwellers. The open space/grazing <br />use adds little to the State's existing and future <br />food supply. Development will not be <br />discontiguous, and, as stated earlier, definite <br />improvements for water supply, safety and <br />circulation convenience will result for adjoining <br />existing urban development. Lastly, permanent open <br />space has been provided for in the City's General <br />Plan, sufficient to provide the physical, social, <br />and esthetic assets needed by present and future <br />residents of Pleasanton. <br />2. That there is no proximate noncontracted land which <br />is both available and suitable for the use to which <br />it is proposed the contracted land be put, or, that <br />development of the contracted land would provide <br />more contiguous patterns of urban development than <br />development of proximate noncontracted land. <br />This is the same finding as the earlier finding <br />(a-5) above. <br />Conditions and Contingencies <br />If your Council finds either (a) or (b) above, your Council <br />may grant tentative approval of the cancellation subject to <br />statutorily required conditions and contingencies, and any <br />other conditions or contingencies your Council wishes to add <br />to the tentative approval of cancellation. State law <br />requires that your Council attach as a condition the payment <br />in full of the statutorily required cancellation fee. This <br />fee must be established by your Council at the time of <br />approval of the tentative cancellation. This fee is based <br />on a valuation established by the County Assessor; staff <br />anticipates having the amount of this fee for your adoption <br />at your Tuesday evening meeting. It should be noted that <br />the Lunds have previously paid a cancellation fee under the <br />prior "window" procedures. The cancellation fee, if any, <br />will be supplemental to that already paid. State law also <br />requires that your Council establish as contingency for <br />granting final approval of the cancellation that the <br />alternative project proposed (the 129 unit residential <br />project) shall obtain all permits necessary to commence the <br />project. Staff does not recommend any other conditions or <br />contingencies beyond these two required by state law. <br />Environment Assessment <br />A Negative Declaration was adopted by your Council at the <br />time of the "window" tentative cancellation approval. The <br />SR:86:418 <br />