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2001-136- Approving An Agricultural Preserve At 14411 Shannon Road RESOLUTION 2001-136 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING AN .AGRICULTURAL PRESERVE AT 14411 SHANNON ROAD WHEREAS, the California Land Conservation Actor Williamson-Act ("Act") (Government Code section 51200, et seq.) was adopted for the purpose of preventing the premature and unnecessary conversion of agricultural land to urban uses; and WHEREAS, the Act provides that .any city or county may by contract limit the use of agricultural land within an agricultural preserve for the purpose of preserving such land pursuant and subject to the conditions set forth in the contract and in the Act (Government Code section 51240, et seq.); and WHEREAS, the Act .sets forth the procedure for establishing agricultural preserves for the purpose of defining the'boundaries of those areas within which a city or county will be willing to .enter into land conservation contracts pursuant the Act (Government. Code section 51230., etseq.), said procedures including the holding of a noticed :public hearing and adoption of a resolution mal~ing required findings for establishing an agricultural preserve of less than 100 acres; and WHEREAS, the Town Council on November 15,1971 adopted Resolution 1971-114 setting forth the procedures and .guidelines for processing agricultural preserve determinations .and .land conservation contract requests; and WHEREAS, the owner of a24.975 acre property located at 14411 Shannon Road (APN 537- 18-00.3), as shown on Exhibit A ("Property"), has requested that the Town enter into a land conservation contract concerning the Property; and Page 1 of 4 WHEREAS, the Property is zoned HR-S, permitting agricultural uses, is adjacent to three parcels totaling 63 acres in the County of Santa Clara currently under contract pursuant to the Act and is currently used for agricultural and compatible purposes in that it has been approved for a single family residence with a caretakers unit and a facility for boarding and training horses, but also remains largely undeveloped and used primarily as a horse boarding and training facility .and for recreational equestrian activities; and WHEREAS, the Planning Commission recommended approval of this request on October 24, .2001;. and WHEREAS, pursuant to Government Code Section 51230, et seq, on December 3, 2001, the Town Council conducted a noticed public hearing for the purpose of determining whether to establish an agricultural preserve on the Property. RESOLVED, that the Town Council hereby establishes the Property as an agricultural preserve. FURTHER RESOLVED, that the Town Council finds pursuant to Government Code section 51230 that an agricultural preserve of less than 100 acres is necessary due to the unique characteristics of the remaining .agricultural enterprises and compatible. uses in the area, including open and recreational uses, which, due to past subdivision and urbanization, have largely been limited to parcels of less than 100 acres, and further that the preserve is consistent with the General Plan and Hillside Specific Plan in that agricultural uses are permitted for the Property and that Goal O.G.11 of the Open Space Element of the General Plan encouragesthe acquisition and preservation of open space areas within the Town, particularly land which provide recreational uses and that Goal 4.2.2 of the Hillside Specific Pian encourages recreational uses, :and Implementing Strategy O.L l a Page 2 of 4 of the Open Space Element of the General Plan encourages the use of Williamson Act contracts as a means to preserve open space, which the property .owner has applied for. FURTHER RESOLVED, that the Town Council finds pursuant to Resolution 1971-114 as follows: 1. That the presently projected or anticipated allowable intensity of development of the Property would seriously reduce the maintenance of topographical configuration which exhibits importance as a visual backdrop to large segments of residential areas in that a subdivision would result in .construction of structures and a road that would detract from the. existing rural appearance of the Property. 2. That there will be little if any negative impact to streets, utilities, schools, fire protection, etc. due. to the .reduced intensity of development of the Property.. 3. That at 24,975 acres, the Property is of sufficient size that it would benefit the Town in maintaining an open space and rural area, and that the benefit is enhanced by the location. of the Property adjacent to three (3) parcels in the County of Santa Clara totaling 63 .acres that are subject to land conservation contracts pursuant to the Act. 4. That the Property is presently provided service from San Jose Water Company and will likely be provided with sanitary sewer service within five (5) years from an adjacent parcel that is currently the subject of a pending development application in the Town. 5. That there are no .extreme slopes or known geological hazards on the Property. 6. That theProperty lends itself to utilization for trails, preservation of creeks, scenic routes or corridors of demonstrable value to the residents of the Town in that there is a dedicated trail easement located thereon, a creels running along the front of the Property and a multitude of trees Page 3 of 4 that are preserved thereon. 7. That the Property is not designated for commercial or industrial development inthe Los Gatos General Plan. 8. That highproperty values in the area andrelated development pressures make it unlikely that the Property would remain open space after the expiration of a land conservation contract, and that the contract is lcey to retaining the open space. FURTHER .RESOLVED, that the Town Council finds that the agricultural preserve is categorically exempt from CEQA pursuant to section 15317 of the State Environmental Guidelines as adopted by the Town. PASSED AND ADOPTED at a regular meeting of the Town Council held on December 3, 2001 by the following vote: COUNCIL MEMBERS: AYES: .Steven Blanton, Sandy Decker, Steve Glickman, Joe Pirzynski, Mayor Randy Attaway. NAYS: None ABSENT: None ABSTAIN: None ~ C~~. SIGNED: .MAYOR O HE TO OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE 'I'O~~N OF LOS GATOS LOS GATOS, CALIFOI•.NiA Page. 4 of 4 14411 Shannon Rd ~ . ~ ~ ~ a. / ~. , ~R-2 . tom- ~ -----7 ~ ~' Y .~ ~ `~ } f ~~~_, ~---~~-. ~ ~!-Lam---- HR- ~..``~, ~J,~.~;` .~' _ RC Ra ~erp~r "~~ ac HR-2o ~, .-_I__ ~ ~ ---_.-'