HomeMy WebLinkAboutRESOLUTIONS - 12011987 - 87-704 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this order on December 1, 1987 by
the following vote:
AYES: Supervisors Powers, Fanden, Schroder, Torlakson, McPeak
NOES: None
0
ABSENT: None
ABSTAIN: None
--o
SUBJECT: BETTENCOURT RANCH: ) c�
Approving Tentative )
Cancellation for a ) RESOLUTION NO. 87/704
portion of Land ) (Gov. C. Section 51200
Conservation Contract ) et seg. )
22-69 (1299-RZ) )
The Board of Supervisors of Contra Costa County RESOLVES
THAT:
On January 21, 1969 the landowners of the Bettencourt Ranch
entered into a Land Conservation Contract with the County of
Contra Costa in accordance with the California Land
Conservatory Act (Government Code Section 51200 et seg. ) .
On November 7, 1986, Braddock and Logan in concert with the
landowner Jerry Bettencourt, filed a petition for
cancellation of the enforcement contract covering
approximately 324 acres, pursuant to Government Code Section
51280. The subject property is located on the north side of
Camino Tassajara in the Danville area and is identified as
Assessor' s Parcel Numbers 220-060-008 and 011.
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
cancellation 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 $40 , 529 (which is
12-1/2% of the cancellation valuation of the subject
property) .
One of the reasons that the landowners have petitioned for
tentative cancellation at this time rather than awaiting,
final approval of the general plan amendment and
preliminary development plan is that new state legislation
has been adopted which changes the method of calculating
cancellation fees. The new law goes into effect on January
11 1988 . Under the new formula, cancellation fees would be
substantially higher. All those fees go directly to the
State of California and the County does not benefit directly
from these fee increases. Such increases in fees paid to
the State of California may result in less money being
available for local exactions and public improvements
associated with eventual development of the contracted land.
A Negative Declaration of Environmental Significance was
prepared on this cancellation and circulated for comments; a
copy is attached along with correspondence received on it.
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 22-69, subject to the
following conditions and contingencies being satisfied:
Resolution No. 87/704 KA
U
1M
1. Payment in full of the 'cancellation fee due under
Government Code Section 51283 , which fee is $40,529
(Contract 22-69) . 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 o
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 (or the City of Danville if annexed) .
It1J
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.
JWC:vpl 1 hereby certify that this is a true and correct copy of
c:bdrs 1. f rm an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
Orig. Dept. : Community Development ATTESTED: r. /f,P7
cc: Assessor PHIL BATCHELOR,Clerk of the Board
Auditor-Controller of Supervisors and County Administrator
Clerk of the Board
County Counsel � �,
Director, Community Development 9y
Deputy '
Public Works Dept.
Treasurer-Tax Collector
Thiessen, Gagen & McCoy
Danville Planning Department
Clerk-Recorder