HomeMy WebLinkAbout6624_CCv0001.pdf RESOLUTION NO. 6624
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS APPROVING
TENTATIVE CANCELLATION OF LAND CONSERVATION CONTRACT NO. 77-R023
AND RESCINDING RESOLUTION NO. 6597
WILLIAMSON ACT CONRACT REMOVAL NO.10
WHEREAS, pursuant to the California Land Conservation Act of 1965 and by Resolution
No. 2182, the City Council of the City of Redlands (`this City Council") has authorized the
establishment of Agricultural Preserves throughout the City; and
WHEREAS, the property described in Exhibit "A" attached hereto (the "Property") is
located in an Agricultural Preserve established by Resolution No. 2999 of this City Council; and
WHEREAS, the owner of the Property and the City have entered into Land Conservation
Contract No. 77-R023; and
WHEREAS, on March 20, 2007, the owner of the Property recorded a notice of non-
renewal for Land Conservation Contract No. 77-8023 and has since petitioned the City for
cancellation of that Land Conservation Contract; and
WHEREAS, on May 1, 2007, this City Council approved Resolution No. 6597 tentatively
cancelling land contract no. 77-8023; and
WHEREAS, subsequent to this City Council's approval of Resolution No. 6597, the
County of San Bernardino informed City staff that it had recalculated the cancellation fee for the
removal, thereby necessitating further action by the City; and
WHEREAS, this Resolution No. 6624 revises the cancellation fee in accordance with the
new information presented by the County,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redlands as
follows:
Section 1. In accordance with Government Code Section 51282, the City Council of the
City of Redlands hereby finds that Cancellation of Land Conservation Contract No. 77-8023 is
consistent with the Williamson Act and further finds that:
A. The cancellation is for land in which a notice of nonrenewal has been served pursuant
to Government Code Section 51245 a Filing of nonrenewal has been filed with the
City Clerk;
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B. That the cancellation is not likely to result in the removal of adjacent lands from
agricultural use as the overall project site is separated by San Bernardino Avenue, a
Minor Arterial Street;
C. That the cancellation is for an alternative use which is consistent with the applicable
provisions of the City's General Plan; the property has a General Plan Land Use
Designations of Very-Low Density Residential (0-2.7 units per gross acre) and the
proposed subdivision is consistent with this designation.
D. That the cancellation will not result in the discontiguous patterns of urban
development because the project proposes the westward expansion of the existing
University Grove planned residential development located directly across the street
(Dearborn Street) and bounded by the same streets on the north and south (San
Bernardino Avenue and Lugonia Avenue respectively) as the site for which the
cancellation is proposed.
E. That there is no proximate noncontracted land which is both available and suitable for
the use to which it is proposed the contracted land be put, or, that development of the
contracted land would provide more contiguous patterns of urban development than
development of proximate noncontracted land; the project site for which the
cancellation is proposed is directly across the street from an existing planned
residential development and is in the same alignment (south of San Bernardino
Avenue and north of Lugonia Avenue) as the existing subdivision. There are no
noncontracted lands that can provide a more contiguous pattern of development than
the project site.
F. San Bernardino County Assessor's Parcel No. 0168-161-02 is hereby granted
approval for tentative cancellation of Land Conservation Contract No. 77-R023.
Section 2. Pursuant to Government Code Section 51283.4, the Property owner shall
satisfy the conditions and contingencies contained in Exhibit "B" attached hereto and
incorporated herein by this reference. The Property owner further shall notify this City Council
whether or not it has been able to satisfy such conditions. Within thirty days after receiving such
notice from the Property owner, this City Council shall either execute a Certificate of
Cancellation or a withdrawal of tentative approval of a Cancellation of Contract and cause the
same to be recorded.
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ADOPTED, SIGNED AND APPROVED this 19th day of June, 2007.
yor of the City of Redlands
ATTEST:
City erk, City e ands
1, Lorne Poyzer, City Clerk of the City of Redlands, hereby certify that the foregoing resolution
was duly adopted by the City Council at a regular meeting thereof held on the 19`x` day of June,
2007 by the following vote:
I, Lorrie Poyzer, City Clerk of the City of Redlands, hereby certify that the foregoing resolution
was duly adopted by the City Council at a regular meeting thereof held on the 19`x' day of June,
2007 by the following vote:
AYES: Councilmembers Gil, Gallagher, Aguilar; Mayor Harrison
NOES: None
ABSENT: Councilmember Gilbreath
ABSTAIN: None
City C1 k, City ofdl cis
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Order Number: RCO-1972813 (29)
Page Number: 7
LEGAL DESCRIPTION
Real property in the City of Redlands, County of San Bernardino, State of California, described as
follows:
PARCELI
THE WEST 1/2 OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 24, TOWNSHIP 1 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN,
ACCORDING TO THE OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE,
DATED FEBRUARY 24, 1869.
EXHIBIT
Exhibit `B"
Resolution No. 6624
CONDITIONS OF APPROVAL
1. Prior to recordation of a Certificate of Cancellation the applicant shall pay in full the
required cancellation fee as deferred taxes upon cancellation. The County Assessors
Office provided a Cancellation Fee Worksheet that identifies a cancellation fee of
$199,034. Failure to pay the cancellation fee within one (1) year from the date of
tentative approval shall result in a recomputation of the cancellation fee.
2. The Applicant shall defend, indemnify and hold harmless the City and its elected
officials, officers and employees from and against any claim or suit challenging the City's
approval of this Resolution.No. 6624.
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