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RES 09257
City of Pleasanton
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RES 09257
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4/3/2009 2:36:36 PM
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4/1/2009 1:36:33 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
1/20/2009
DESTRUCT DATE
PERMANENT
DOCUMENT NO
RES 09257
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WHEREAS, the Revised Contract: <br />(a) will enforceably restrict the adjusted boundaries of the property for an initial <br />term for at least as long as the unexpired term of the Initial Contract, but for <br />not less than 10 years; <br />(b) will result in no net decrease in the amount of acreage restricted, as shown <br />on Exhibit B; and <br />(c) will result in at least ninety (90) percent of the land under the Initial Contract <br />remaining under the Revised Contract, as shown on Exhibit B; and <br />WHEREAS, after the lot line adjustment, those portions of the property subject to the <br />Revised Contract will be large enough to sustain agricultural use. Following the lot line <br />adjustment, the property subject to the Revised Contract will be the same size as the property <br />subject to the Initial Contract. Moreover, the land being added under the Revised Contract is <br />currently in agricultural production; and <br />WHEREAS, said lot line adjustment would not compromise the long-term agricultural <br />productivity of said property or other agricultural lands subject to a land conservation contract. <br />As shown on Exhibit B, the lot line adjustment merely adds 0.10-acres of land to the Exhibit A <br />Property's northwest corner and subtracts 0.10-acres from the Exhibit A Property's southwest <br />corner, swapping a small portion of agricultural land for a similar sized portion of different <br />agricultural land that will remain in agricultural production. Moreover, the proposed residential <br />use for Lot 30 would not result in activities that would threaten the ongoing agricultural use of <br />the Exhibit A Property. Moreover, those portions of Lot 30 that are not planned for residential <br />use are restricted to agricultural use by an agricultural easement, as are those agricultural lands <br />immediately adjacent to the northern boundary of Lot 30; and <br />WHEREAS, said lot line. adjustment is unlikely to result in the removal of adjacent land <br />from agricultural use. All agricultural lands adjacent to Lot 30 and the Exhibit A Property are <br />restricted to agricultural use by land conservation contract, easement, or applicable zoning <br />requirements, which restrictions will be unaffected by the lot line adjustment; and <br />WHEREAS, this action is exempt from CEQA pursuant to CEQA Guideline § 15305(a) <br />because it qualifies as a minor alteration of land use limitations, and/or CEQA Guideline § <br />15317, which exempts Williamson Act contract approvals; and <br />WHEREAS, the Owner and the City desire to enter into, and intend that, the Revised <br />Contract shall constitute an enforceable restriction to open-space land as defined and used in <br />the California Revenue and Taxation Code. <br />NOW, THEREFORE, THE PLEASANTON CITY COUNCIL RESOLVES AS <br />FOLLOWS: <br />SECTION 1: Upon the recordation of the lot line adjustment, the Initial Contract is <br />hereby rescinded and the City Clerk is authorized to record a certified copy of this <br />resolution to reflect the rescission. <br />SECTION 2: The Revised Contract is hereby approved and the City Manager is <br />authorized to sign and the City Clerk to record, the Revised Contract immediately after <br />the lot line adjustment is recorded. <br />
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