HomeMy WebLinkAboutMINUTES - 11041986 - T.5 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on . November 4 1986 , by the following vote:
AYES: Supervisors Fanden, Schroder, McPeak, Torlakson and Powers
NOES: None
ABSENT: None
ABSTAIN one
SUBJECT: GALE RANCH: Approving Tentative ) RESOLUTION NO. 86/660
Cancellation for a Portion of Land ) (Gov. C. Sec. 51280
Conservation Contract 22-75 (1936-RZ)) et seq. )
The Board of Supervisors of Contra Costa County RESOLVES THAT:
On February 11, 1975 the landowners of the Gale Ranch entered into a Land Conservation
Contract with the County of Contra Costa in accordance with the California Land Conserva-
tion Act (Government Code Section 51200 et seq. ) .
On August 5, 1986 the landowner, Shapell Industries of Northern California, filed a
petition for cancellation of a portion of that contract, covering approximately 400 acres
of the 3,100 acre area subject to the contract, pursuant to Government Code Section 51280.
The subject property is located both east and west of Dougherty Road southerly of Camino
Tassajara and is identified as Assessor's parcels #217-060-001, 217-060-006, 217-060-007,
and 206-040-005.
The County Assessor has determined the full cash value of the subject property as though
it were free of the contractual restriction, and has certified to the Board the cancella-
tion valuation of the subject property for. the purpose of determining the cancellation
fee.
The Board hereby determines, and certifies to the County Auditor-Controller, that the
amount of the cancellation fee which the landowner - must pay the County Treasurer, as
deferred taxes upon cancellation is $33,464 (which is 12-1/2% of the cancellation valua-
tion of the subject property) .
The required findings associated with the review of this petition are presented in Exhibit
A (attached) . '
The Board hereby grants tentative approval for cancellation of Land Conservation Contract
22-75, only as to the parcels identified above, subject to the following conditions and
contingencies being satisfied:
1. Payment in full of the cancellation fee due under Government Code Section 51283,
which fee is $33,464 (portion of Contract 22-75). Unless said fee is paid
within one year from the recording of this Resolution, or a Certificate of
Cancellation of Contract is issued within said time, this fee shall be
recomputed as of the date of the landowner's Notice of Satisfaction of
Conditions and Contingencies (Government Code Section 51283.4(b)) .
2. The landowner shall obtain approval for a Planned Unit District Preliminary
Development Plan within one year of the date of tentative cancellation, with a
possible one year extension at the discretion of the Board of Supervisors.
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2.
The Board directs the Clerk of the Board to file with the County Recorder a Certificate of
Tentative Cancellation pursuant to Government Code Section 51283.4(a).
The Board also requests the Treasurer-Tax Collector to notify the County Assessor and
Community Development Department of the payment of cancellation fees on this tentative
approval action.
f hereby cerMy that thts is a true and correct copy of
Ori g. Dept. : Community Development an action taken and entered on the minutes of the
Board of Supervisors ont date shown.
cc: County Assessor ATTESTED: 4t iqJ(
County Auditor-Controller PHIL SAT HELOR, Clerk of the Board
County Recorder of Supervisors and County Administrator
Clerk of the Board
County Counsel
Community Development By ocputy
Public Works
Treasurer-Tax Collector
Shapell Industries
Dan Coleman
EXHIBIT A
FINDINGS BY BOARD OF SUPERVISORS
OF CONTRA COSTA COUNTY PURSUANT TO GOVERNMENT
CODE SECTION 51200-51298; CANCELLATION OF
LAND CONSERVATION CONTRACT DATED FEBRUARY 11, 1975
(WILLIAMSON ACT)
The Board of Supervisors of Contra Costa County specifically finds as follows:
1. SHAPELL INDUSTRIES OF NORTHERN CALIFORNIA, INC. (hereinafter Landowner)
acquired and owns certain lands consisting of approximately three thousand
one hundred (3,100) acres, located on either side of Dougherty Road between
Camino Tassajara and Old Ranch Road east of San Ramon. The described
property includes 400 acres at the northern end of the holding also identi-
fied as Assessor's Parcel Nos. 206-040-005, 217-060-001, 217-060-006 and
217-060-007 (hereinafter subject property) .
2. BANK OF AMERICA, N.T. & S.A. , WILLIAM H. GALE, JR. AND FLORENCE M. SOLLOM
entered into a Land Conservation Contract dated _January 13, 1975
(Contract) , with the County of Contra Costa. The Contract was executed
pursuant to the California Land Conservation Act of 1965 (Williamson Act)
(Government Code Section 51200, et seq. ) . The Contract was made effective
the last day of February, 1975, and carried a ten (10) year original term.
Pursuant to Government Code Section 51244, the Contract provided for an
automatic renewal of one year from the last day of January of each succeed-
ing year, unless Notice of Nonrenewal was given.
3. A Notice of Nonrenewal of Land Conservation Contract was filed dated May 1,
1981 for the approximately 3,100 acres of the Gale Ranch. Under the terms
of the Contract, the Contract will expire no later than February 18, 1991.
Western Title Insurance Company, Bank of America, N.T. and S.A. , WILLIAM H.
GALE, JR. AND FLORENCE M. SOLLOM filed a Request to Cancel Land Conserva-
tion Contract dated March 30, 1982 for the approximate 400 acres of the
subject property.
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2.
4. A proposal for alternative use was submitted to Contra Costa County.
Pursuant to County Resolutions 84/695 and 84/783 Contra Costa County
amended the County General Plan with respect to the subject property to
provide for the alternative use proposed.
5. Pursuant to Resolution 84/696 dated November 27, 1984, the Contra Costa
County Board of Supervisors approved a tentative cancellation of the agri-
cultural preserve contract with respect to the Contract and the subject
property. Such Tentative Cancellation, however, set forth findings
consistent with Government Code Section 51282.1 . Certain constitutional
questions have been raised with respect to certain provisions of Section
51282.1 in recent California cases. Thus, the Landowner has filed a
separate Petition to Cancel Land Conservation Contract, dated August 5,
1986 (Petition). The Petition may be approved by the County of Contra
Costa, pursuant to the guidelines set forth in Government Code Section
51282, and other applicable provisions of the Williamson Act.
6. As specifically stated in Findings 8 through 12, set forth below, the
Cancellation of the Contract with respect to the subject property is
consistent with the purposes of the Williamson Act, pursuant to Government
Code Section 51282(a) (1) and (b) (1)-(5) .
7. The Cancellation is for land on which Notice of Nonrenewal has been served
pursuant to Government Code Section 51245. Government Code Section 51245
requires that a Notice of Nonrenewal to be filed by the Landowner at least
ninety (90) days prior to the renewal date. The renewal date of the
Contract is the last day of February of each year. The Landowner's
predecessor in interest timely filed a Notice of Nonrenewal , dated May 1,
1981. Such Notice will cause the Contract to expire no later than February
28, 1991.
8. Cancellation of the Contract is not likely to result in the removal of
adjacent lands from agricultural use for the following, among other. reason.
3.
The proposed project and subject property is nearly surrounded by lands
which are currently developed, or are developing. The Wood Ranch develop-
ment is adjacent to the subject property to the north. Canyon Lakes resi-
dential development is currently under construction to the west. The
Morgan and Johnson properties to the north are being reviewed for rezoning
and preliminary development plan approval for residential development.
This area 'is authorized for development pursuant to the North Dougherty
Hills General Plan Amendment. It is, therefore, apparent, based on the
surrounding development, that the property adjacent to the subject property
would not be removed from agricultural use because the Williamson Act
Contract was cancelled on the subject property.
Further, Government Code Section 51282 (b) (2) requires that the Cancella-
tion is not likely to result in the removal of adjacent lands from agri-
cultural use. While there is Williamson Act Contract encumbering the
balance of the Gale Ranch property to the south, development on the subject
property is physically separated from these lands by a ridgeline to remain
undeveloped. If agricultural uses are halted on that land or any nearby
land, such cessation of agricultural uses is based on factors other than
the withdrawal of the subject property.
9. Cancellation of the Contract is for an alternative use which is consistent
with the applicable provisions of the County's General Plan for the follow-
ing, among other reasons.
The Landowner filed a proposal for alternative use in April of 1982.
Concurrent with that proposal was an application for Williamson Act
Cancellation as well as General Plan Amendment. By Resolution Nos. 84-695
and 84/783 the General Plan Amendment reflecting the alternative use plan
was accepted by the Contra Costa County Board of Supervisors. By Resolu-
tion No. 84/696 the Board accepted the Williamson Act Cancellation on the
property. As such, cancellation of the Contract is for an alternative use
which is consistent with the applicable provisions of the County General
Plan.
4.
10. Cancellation of the Contract will not result in discontiguous patterns of
urban development for the following, among other reasons.
The subject property is nearly surrounded by lands which are currently
developing or projected to be developed in the near future. The proposed
project is adjacent to areas approved for urban development. The proposed
project will clearly not result in discontiguous patterns of urban develop-
ment. Additionally, the Board of Supervisors of Contra Costa County, when
it granted Williamson Act Cancellation under the now defunct "window
provisions," specifically found that the cancellation of alternative use
will not result in discontiguous patterns of urban development. These
findings of 1983 would be even more correct in the present situation,
considering the increase growth and development of the area.
11. 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 for
the following, among other reasons.
As stated in Finding No. 10 above, the subject property is nearly
surrounded by lands which are currently developed, or are projected to be
developed in the near future. The Canyon Lakes properties, the Sycamore
Valley properties and the North Dougherty Hills properties have or will be
developed by other corporations or parties with other projects and are
unavailable for this project. All other proximate lands are either subject
to a Williamson Act Contract or fully developed or committed to development
in the County.
12. As specifically stated in Findings Nos. 13 and 14, set forth below, the
Cancellation of the Williamson Act Contract is in the public interest,
pursuant to Government Code Section 51282(a) (2) and (c) .
13. Other public concerns substantially outweigh the objectives of the
Williamson Act for the following, among other reasons.
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5.
The objectives of the Williamson Act are set forth generally at Government
Code Section 51220. The objectives set forth at Government Code Section
51220 (a) and (b) recognize the importance of agricultural lands in order
to preserve our food sources, and as areas to house agricultural work
force. The subject lands are not utilized for any agricultural purposes at
the present time. Accordingly, the contribution of the subject property as
a food source for the nation, let alone the local community, is nonexis-
tent.
Similarly the objective at Section 51220(e) addresses lands designated as a
scenic highway, or wildlife habitat, as such lands are specifically defined
at Government Code Section 51201(i) and (j) . The current use of such lands
does not affect these goals.
The objective at Section 51220(c) states that the discouragement of
conversion of agricultural lands is a matter of. publ.ic interest, "and will
be a benefit to urban dwellers in that it will discourage discontiguous
urban development patterns which unnecessarily increase the cost of
community services to community residents." As stated above, we find that
the cancellation of the Contract will not result in discontiguous patterns
of urban development. The subject property is nearly surrounded by active
or planned development and is better characterized as an infill site.
The objective in Section 51220(d) states that in a rapidly urbanizing
society, agricultural lands have a definite public value as open space. We .
find the proposed cancellation coupled with a commitment to open space
under the General Plan Amendment, in particular as to the 62% portion of
the subject property that is proposed to be retained in permanent open
space. To the extent that the stated objectives of the Williamson Act are
not achieved by cancellation of the Contract, we nevertheless find that
other public concerns outweigh such objectives. First, the proposed
development will result in financial contributions to necessary road
improvements in the San Ramon Valley area, including the extension of Crow
Canyon Road crossing the property. Second, the proposed development will
provide needed housing in the Danville/San Ramon area.
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6.
14. There is no proximate noncontracted land which is both available and suit-
able for the use to which it is proposed that the contracted land be put.
Our finding hereunder is the same as set forth under Finding No. 11, above.
15. The Landowner's Petition has referenced and incorporated a specific altern-
ative use of the land.
16. Prior to its action giving this tentative approval , the County Assessor
determined -the full cash value of the land as though it were free of the
contractual restrictions. The County Assessor, pursuant to Government Code
Section 51283, has certified to the Board that the cancellation value of
the land for the purposes of determining cancellation fee. Such fee is an
amount equal to 12-1/2% of the cancellation value of the property; such fee
has been determined and certified to the County Auditor as being $33,464.
17. Conditions contained in the Certificate of Tentative Approval that must be
met prior to final cancellation will include:
a. Payment in full amount of the fee described above, together with a
statement that unless the fee is paid, or a Certificate of Cancella-
tion of Contract is issued within one (1) year from the date of the
recording of the Certificate of Tentative Cancellation, such fee shall
be recomputed as of the date of Notice described in Government Code
Section 51283.4(b) ;
b. The Landowner shall obtain all discretionary permits necessary to
commence the project and project approval shall be conditioned upon
mitigating all significant impacts identified in the General Plan
Amendment and project EIR or a finding of overriding consideration.
7.
18. Pursuant to Government Code Section 51282(f) , if the provisions of Public
Resources Code Section 21081 are found to be applicable to the cancellation
of the subject Contract, then the Final Environmental Impact Report for the
West Branch General Plan Amendment is deemed to be an environmental impact
report relating to this "project". Such EIR was accepted by the County
Board of Supervisors on December 18, 1984 by Resolution 84/695. The
"project" being subject to the EIR, is deemed to include Cancellation of
the subject Contract. All "significant effects" as set forth in the
referred EIR will be mitigated or voided, or findings of overriding
consideration shall be made, as a contingency to general approval of the
development plan as required by P.R.C. Section 21081. The Board circulated
an Amended Notice of Intent to use a previous Environmental Impact State-
ment on September 17, 1986. The comment period for such Notice expired on
November 3, 1986. The Board now accepts such EIR as complete for this
Cancellation.
19. The Board recognizes that the objectives to be served by cancellation could
not have been predicted nor served by nonrenewal at any earlier time. Such
objectives can be served only by cancellation now. Cancellation now will
insure that the monies will become available at an earlier date for the
traffic improvements and other public benefits associated with the Crow
Canyon Corridor Extension Area. It is a project that should be completed
as soon as possible in the interest of the health, 'safety and welfare of
the community.
20. The Board recognizes that under Government Code Section 51282(d) , the
uneconomic character of an existing agricultural use 'shall not by itself be
sufficient reason for cancellation of contracts. The uneconomic character
of the existing use may be considered only if there is no reasonable or
comparable agricultural use to which the land may be put. The Board is
aware of this consideration, but does not need to consider the unneconomic
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character of the agricultural use now in existence except to recognizes its
negligible contribution as a food source to the nation;, or to the ,local
community. While the required findings to consider agricultural economics
might be made, this cancellation is based upon the reasons set forth and
not upon the Landowner's desire, understandable as it may be, to realize
financial gain.
Recording requested by Contra Costa County
ti1.g�
When recorded, Mail to Clerk N
Board of Supervisors
County Administration Bldg. 206289
651 Pine Street
Martinez, CA 94553
BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
Re: Tentative Cancellation of a )
Portion of Land Conservation ) CERTIFICATION OF TENTATIVE
Contract 22-75 (1936-RZ) } CANCELLATION
(Gov. Code Section 51283.4)
State of California )
ss: CERTIFICATE
County of Contra Costa )
s
I am the Clerk of the Board of Supervisors of the County. The Board by
Resolution No. 86/660 adopted on November 4 1.986 granted tentative approval for
cancellation of the portion of the land conservation contract between the County of Contra
Costa and the below-named landowner applicable to the belowdescribed real property.
Name of Current Owner: Shapell Industries
of Northern California, Inc.
100 No. Milpitas Boulevard
Milpitas, CA 95035
Name of Landowner Requesting Shapell Industries of Northern
Cancellation California, Inc.
This real property is described in Exhibit "A", attached hereto and incorporated
herein by this reference.
A Certificate of Cancellation of Contract will be issued and recorded at such
time as the following conditions and contingencies are satisfied:
(1) Payment in full of the cancellation fee due under Government Code
Section 51283, which fee is $33,464 (portion of Contract 22-75). Unless said fee is paid
within one year from the recording of this Certificate, or a� Certificate of Cancellation
of Contract is issued within said time, this fee shall be recomputed as to the date of the
landowner's Notice of Satisfaction of Conditions and Contingencies (Government Code
Section 51283.4(b)) .
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2.
(2) The landowner shall obtain approval for a Planned Unit District
preliminary development plan within one year of the date of tentative
cancellation, with a possible one year extension at the discretion of the Board
of Supervisors.
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Date: p�.r�.ittc. �Q
ATTEST: PHIL BATCHELOR, Clerk of the
Board of Supervisors and County
Administrator
By
Depu y Clerk
LTR.VI
EXHIBIT A
v PROJECT LEGAL DESCRIPTION I
The land referred to is situated in Contra Costa County
in the State of California being Lots 43 and 53 as shown
and so designated on the map entitled "Map of a Subdivi-
sion of Plot A of the Dougherty Ranch" , filed for record
in the office of the Recorder of Contra Costa County,
California, on May 2 , 1984 in Volume B of Maps of Page 45,
excepting therefrom the interest conveyed to Contra Costa :
County by the deed recorded February 6 , 1936,, in the ;
a
office of the Recorder of Contra Costa County, California,
in Book 408 of official records at Page 128, more or less
described as follows:
Beginning at a point, said point being the most northerly
northwest corner of the parcel of land described in the
deed from William H. Gale, Jr. to Western Title Insurance
i
Company recorded June 28, 1979 in Book 9418 of Official
Records at Page 583; thence from said point of beginning
along the following courses: thence North 890 15" 00"
East, 2613. 60 feet; thence South 00 ' 15 ' 00" East, 1518 .00
feet; thence North 85° 15 ' 00" East, 2686 . 20 feet; thence
North 89° 45' 00" East; 1907.40 feet; thence South
06° 30 ' 00" East, 953. 70 feet; thence South, l5° 30 ' 00"
West; 1110. 78 feet; thence North 84° 15 ' 00:" West, 1062. 60
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feet; thence South 850 45 ' 00" West, 2673. 00, feet;
thence South 620 45 ' 00" West, 656 .70 feet; thence
North 200 18 ' 49" East, 519 . 33 feet; thence South
890 00 ' 00" West, 1570. 80 feet; thence South 870 15 ' 00"
West, 132.0 feet; thence North 3267 . 00 feet to the point
of Beginning.
APN's 206-•040-005, 217-060-001 , 217-060-0065 & 217-060-007
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