02 Staff Report - 15300 Kennedy RoadDATE:
COUNCIL AGENDA REPORT
October 29,2008
MEETING DATE:11/3/08
ITEM NO.
TO:
FROM:
MAYOR AND TOWN COUNCIL
GREG LARSON,TOWN MANAGER ,
SUBJECT:ADOPT A RESOLUTION TO SERVE A NOTICE OIoNON-RENEWAL ON A
.33 ACRE PORTION OF LAND UNDER A WILLIAMSON ACT CONTRACT
WITH THE TOWN.PROPERTY LOCATION:15300 KENNEDY ROAD.
FTLE#WA-08-00 I.PROPERTY OWNER/APPLICANT:FREDERICK AND
MAUD HOLLEY.
RECOMMENDA TION:
Adopt a resolution authorizing Frederick and Maud Hollcy to issue a notice on non-renewal for a .33
acre piece ofhmd located at 15300 Kennedy Road.
BACKGROUND:
The subject site is located on the south side of Kennedy Road approximately 150 ft west of Top of
the Hill Road.The property was placed in a Land Conservation Contract in 1971.A lot line
adjustment and Williamson Act Contract modification werc approved by the Town Council in 1988
to correct inaccuracies in the parcel dcscriptions.
DISCUSSION:
Projcct Summary
The applicant is seeking to serve a notice ofnon-rcncwal on a .33 acre portion of the land under a
Land Conservation Contract with the Town.The portion ofland being removed JI'om the contract is
represented in Attachmcnt 3.Currently,the land is under lease to the ncighboring property at 15294
Kennedy Road and has been used as the propcrty's backyard for nearly IS years.The applicant and
the neighboring propcrty owner are interested in making thc lease agreement permanent through a lot
line adjustment.A lot linc adjustment application is currently being processed through the
Developmcnt Review Committee which will bc conditioned upon approval and rccordation of the
amended Williamson Act Contract.
PREPARED BY:Bud N.Lortz,Director ofCOlrummity Dcvelopment "6GB
Reviewed by:
/
~y-Assistant Town Managcr ~Town Attorney Clerk Finance
---¥_Community Development Revi"dc 10/29/08 1 L06 AM
Reformatted:5/30/02
PAGE 2
MAYORANDTOWNCOUNC~
SUBJECT:NOTICE OF NON-RENEWAL,FILE #WA-08-0001
October 30,2008
Williamson Act Contract
Williamson Act Contracts are entered into by property owners oflarge pieces of agricultural land and
the governing jurisdiction for the purpose ofpreserving the agticultural use ofthe land.In exchange,
the property owner receives a reduced property tax assessment.Traditionally land less than 40 acres
does not qualify under the Williamson Act.In 1971,the Town entered into a Land Conservation
Contract with the previous owners ofthe propeliy based on the unique type ofland and its location in
relation to the Mid Peninsula Regional Open Space.The propeliy retains a portion of trail that
connects separate properties in the Mid Peninsula Regional Open Space.
The pOliion ofland proposed to be removed from the contract will not affect the findings made in
support of the original contract.The retention of the rear ofthe propeliy as agricultural open spaceis
highly desirable to the Town and the region as a whole.
Land Use
The property is zoned RC,Resource Conservation,and pennits one single family dwelling and
agricultural uses.The proposal to modify the Williamson Act Contract will not result in any
additional development of the property.
CONCLUSION:
Staff recommends that the Town Council allow the property owner to serve a notice ofnon-renewal
on the specified .33 acre ofland.
FISCAL IMP ACT:None
ENVIRONMENTAL ASSESSMENT:
It has been determined that the proposed project is Categorically Exempt pursuant to Section 15371
of the State Enviromnental Guidelines as adopted by the Town.
Attaclnnents:
I.Location Map (one page)
2.Resolution No.1977-28 (two pages)
3.Land Conservation Contract dated February 14,1977 (eight pages)
4.Resolution (one page)
5.Site Plar1 received July 10,2008 (one page)
Distribution:
Fredetick and Maud Holley,15298 Kemledy Rd,Los Gatos,Ca 95032
BNL:MM
N:\DEV\CNCLlU'TS\200S\15300 KENNEDY-TC.RPT I.DOC
15300 Kennedy Road
•
ATTACHMENT 1
RESOLUTION NO.1977-28
RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF LOS GATOS ESTABLISHING AN
AGRICULTURAL PRESERVE WITHIN THE TOWN
OF LOS GATOS AND AUTHORIZING THE
EXECUTION OF LAND CONSERVATION CONTRACTS
WHEREAS,ROBERT J.NASH and BETTY L.NASH are owners of
land in the Town of Los Gatos,Santa Clara County,california,
and have applied to have such land designated an agricultural
preserve under the provisions of the Land Conservation Act of 1965,
and have submitted contracts executed by them as owners acceptable
to the Town Council;and
WHEREAS,the Town Council has received and reviewed the report
of the Planning Director concerning the request to establish this
preserve and hereby finds that the establishment of this preserve
is consistent with the General Plan of the Town of Los Gatos and
further finds that the establish~ent of this preserve,which includes
an area of approximately 5.1 acres,is necessary due to the unique
characteristics of the agricultural enterprises in the area and that
the establishment of a preserve of such size is consistent with
the General Plan of the Town of Los Gatos,for the following reasons:
1.Historically,agricultural operations in the area have
been conducted on comparatively small holdings and an imposition of
100 acre size on agricultural preserves would unreasonably prevent
the maintenance of land in an agricultural or rural status.
2.The terrain is such that the appearance and substance of
an agricultural or rural environment would be maintained on parcels
of less than 100 acres.
-1-
ATTACHMENT 2
BE IT RESOLVED:
1.The area described in the attached Exhibit "A"is hereby
designated and established as an agricultural preserve under the
provisions of the California Land Conservation Act of 1965
(Williamson Act),subject to the policies and rules heretofore
and hereafter adopted by the Town Council.
2.The Land Conservation Contract,a copy of which is
attached hereto,is approved and the Mayor is authorized and directed
to execute the contract on behalf of the Town.
3.The Town Clerk is directed to perform any act necessary
for the attestation of the contracts and the filing of a copy of
this resolution and of the contract in the Office of the County
Recorder of the County of Santa Clara and such other filings and
acts as are required by law.
PASSED AND ADOPTED at a __....:r....:e:..;9'-'u:..:l....:a:..:r _meeting of the Town
Council of the Town of Los Gatos held on the 7th day of
_~F~e~b~r~u=a~rLy ,1977,by the following roll call vote:
AYES,COUNCIL MEMBERS ....:M....:a:..:r....:ke.-:B:..:.'-'D=-i....:D:..:u:.:c:..:a:..:,'--'-M.:.:a:.:r....:d:..:i'--"G:.:u:.:a:..:l....:t....:i~e....:r....:i-',_
John B.Lochner,Albert B.Smith and Ruth Cannon
NoneCOUN·CIL MEMBERS ------'----'--------_._-----NOES,
ABSTAIN:
ABSENT:
COUNCIL MEMBERS ....:N....:o....:n....:e _
COLJDlCIL MEMBERS N_o_n_e _
ATTEST,
CLERK OF {'j?HE
-2-
95030
.,.
~}/~IJ 7;_-;11
794 ~~c[596
-....•-"
1'.
13463,.."
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CONTRACT "Y C·LAND CONSERVATION
fJ'f
TOWN OF LOS GATOS
After recording mail to:
Town of Los Gatos
P.O.Box 949
Los Gatos,california
THIS AGREEMENT is made between the TOWN OF LOS GATOS.a
municipal corporation of the State of California (TOWN),and
ROBERT J.NASH and BETTY L.NASH (OWNERS),and is made wi th
reference to the following facts.
The OWNERS own real property located in the TOWN.The
property is described in Exhibit "B"attached hereto and throughout
this agreement is called the property.The property is located
in an agricultural preserve established by the TOWN.The OWNERS
and the TOWN wish to limit the use of the property to agricultural
uses and uses compatible with agricultural uses in order to
preserve the limited supply of agricultural land,to discourage
the premature or unnecessary conversion of agricultural land to
urban uses and to permit the maintenance of open space and land
of rural character.The OWNERS and the TOWN recognize that
agricultural land has public value as open space and that
agricultural land constitutes an important social,aesthetic
and economic asset to the people of the TOWN and of the State of
California.The OWNERS and the TOWN intend that this contract
is,and shall be throughout its term,including any extensions,
an enforceable restriction within the meaning of section 8 of
Article XIII of the Constitution of the State of California and
under the provisions of section 422 of the California Revenue
and Taxation Code.
The TOWN and the OWNERS agree as follo.ws:
-1-
ATTACHMENT 3
"
C 794 rm597
1.Contract Under California Land Conservation Act.
This contract is made and entered into pursuant to the
California Land Conservation Act of 1965 (Chapter 7,Part 1,
Division 1,Title 5 of the Government Code,commencing with
section 51200)and is subject to all of the provisions thereof.
2.Restriction on Use of Property.
During the term of this contract and of all extensions
or renewals thereof,the property described in Exhibit "B"shall
not be used by the OWNERS for any purpose other than the
production of agricultural commodities for commercial purposes,
and uses compatible therewith.All such compatible uses are
listed in the attached Exhibit "A".The TOWN,by resolution of
its Council,may from time to time revise the list of compatible
uses for the agricultural preserve in which the property is
located,but such revision shall be limited to the addition of
new uses to the list,unless the OWNERS consent in writing to
deletions.Neither this contract nor the foregoing reference
to the adoption of resolutions shall be interpreted as limiting,
superseding,or restricting the planning and zoning powers of
the TOWN.
During the term of this contract and of all extensions or
renewals thereof,the OWNERS shall not remove,cut down or
destroy any tree on the property having a trunk diameter of
more than six inches measured at an elevation of four feet from
the ground without prior approval of the Planning Director of
the TOWN,nor perform on the property any grading which involves
either displacing or filling a total of 50 cubic yards,or
-2-
substantial diversion of surface water or any damming"or diversion
of a water course without prior approval of the Director of Public
Works of the TOWN.
3.Term of Contract.
Thi s con trac tis e f fee tive 0 n _F,-e=-b,-r,-u,-a....cr..t.Y---,-l..!..---,-19::..7'-7'----_
Its initial term is ten years,commencing January 1,1977
and ending January 1,1987 Each January---'----------
beginning January 1.1978 is the contract's annual renewal
date,and on each annual renewal date one year shall be added
automatically to the contract's initial term unless notice of
nonrenewal is given as provided in Part 4.
4.Notice of Nonrenewal.
Either party may prevent automatic renewal of the contract
by serving written notice of nonrenewal on the other.The notice
shall be effective only if it is served by the landowner on the
TOWN at least ninety days prior to the renewal date,or by the
TOWN on the landowner at least sixty days prior to the renewal
date.Unless notice is so served,the contract is renewed annually
as provided in Part 3.
The OWNERS,upon receipt of a notice of nonrenewal from the
TOWN,may in writing protest the proposed nonrenewal.The TOWN
may,at any time prior to the renewal date,withdraw the notice
of nonrenewal.If either party serves proper notice of nonrenewal
on the other,the contract shall remain in effect for the balance
of the ten year period (measured from the beginning of the
contract's initial term if the notice is served during the first
contract year,or from the contract's last annual renewal date
-3-
if the notice is served in a subsequent contract year)and shall
then termina te .
5.Consideration.
The consideration for the execution of this contract is
the public benefit to be derived by the TOWN from the restriction
on the use of the property,and the property tax benefits to the
OWNERS which will occur as the result of imposition of the
restriction.
6.Successors in Interest.
This contract and the restrictions imposed hereunder shall
be binding upon,and inure to the benefit of,the successors in
interest of the OWNERS.Whenever any of the property described in
Exhibit "B"is divided,the owner of any parcel may exercise,
independent of any other owner of a portion of the divided property,
any of the rights of the owners in this contract,including the
right to give notice of nonrenewal and to petition for cancellation.
The effect of any such action by the owner of a parcel created
by the division of land described in Exhibit "B"shall not be
imputed to :the-_owners .o£_.t.he..r.emaining..parc.els...and_sha~l_h~S'nQ..
effect on this contract as it applies to the remaining parcels of
the divided property.
7.Cancellation.
This contract may be cancelled as to all or a part of
the subject property only upon the petition of the OWNERS to the
TOWN and after a public hearing has been held and notice thereof
given as required by section 51284 of the Government Code.The
Town Council of the TOWN may approve cancellation only as provided
-4-
C 794 mfBOO
by Article 5 of the Act.
8.Notices.
All notices required or permitted by this contract,
including notice of a change of address,shall be in writing and
given by p~rsonal delivery or sent by United States mail addressed
to the party intended to be notified.Notice shall be deemed
given on the date of personal delivery,or twenty-four hours after
deposit,postage prepaid,in any post office or mail box regularly
maintained and served-by the United States Postal Service.
Notice to the TOWN shall be addressed:
Town Clerk,Town of Los Gatos
Civic Center
110 E.Main Street
P.O.Box 949
Los Gatos,California 95030
Notice to OWNERS shall be addressed:
Robert J.Nash and Betty L.Nash
15300 Kennedy Road
Los Gatos,California 95030
IN WITNESS WHEREOF the parties hereto have caused this contract
to be executed:by OWNERS on
,'-I
i:d,/'//177 and by TOWN on
TOWN OF LOS GATOS,
a municipal corporation.
-5-
TOWN.
OWNERS.
C 794 PAGE601
STATE OF CALIFORNIA
ss.
COUNTY OF SANTA CLARA
On this /t'/~/day of -ife:t'~tc'rtf:__2~~,1977,before me,
e'£~(/_~;:~,,~c~,~~/~'~;~(~(~~~-~""~~=~'Z-~c?~~_,~e~~~~",a Notary Public,personally
"~j
appeared ROBERT J.NASH and BETTY L.NASH,known to me to be the
persons whose names are subscribed to the within instrument,
and acknowledged that they executed the same.
Witness my hand and official seal.
Not,Public in and for the State
of california,County of Santa Clara.
My Commission Expires:
-6-
C 794 PA~B02
LAND CONSERVATION CONTRACT COMPATIBLE USES
Following is a list of land uses determined to be
compatible with the agricultural use of the land subject
to this agreement:
1.Agriculture,including but not limited to
horticulture and grazing.
2.Nurseries for the culture of plans for wholesale,
or for sale for use in agricultural enterprises,
but not other types of nurseries.
3.Open space.
4.Forest preserves.
5.Outdoor recreation facilities.
6.Public utility and service.
7.Riding and hiking trails.
8.Private and commercial stables,provided that
any commercial stable must provide access to
pUblic riding and hiking trails.
9.Residence of owner and his employees engaged in
domestic or agricultural work on the premises.
-EXHIBIT "A"-
.-
C 794 PAarBm
All that certain parcel of land situate in the City of Town
of Los Gatos,County of Santa Clara,State of California,described
as follows:
BEGINNING at the point of intersection of the Westerly line
of that certain parcel of land described as Parcel No.7 in
the Deed to Wilson Investment Company,Inc.,a corporation,
recorded November 14,1963 in Book 6272 of Official Records,
page 527,Santa Clara County Records,with the Southerly
line of Kennedy Road;thence from said point of beginning
and leaving Kennedy Road South 0°5'27"West along the most
Westerly line of the property of Wilson Investment Company,
Inc.,for a distance of 800.0 feet;thence leaving said
most Westerly line South 86°14'46"East for a distance of
300.0 feet;thence North 0°5'27"East for a distance of
375.0 feet to a point in the general Southerly line of that
certain parcel of land described in the Deed to Tom B.
Markley,et ux,recorded February 13,1968 in Book 8024 of
Official Records,page 5,Santa Clara County Records,thence
North 86°14'46"West for a distance of 65.0 feet;thence
South 64°24'41"West for a distance of 157.44 feet;thence
North 5°42'38"West for a distance of 20.10 feet;thence
North 16°35'53"East for a distance of 108.52 feet;thence
North 75°57'50"West for a distance of 16.49 feet;thence
North 16°55'39"East for a distance of 24.04 feet;thence
North 49°32'16"East for a distance of 44.69 feet;thence
North 45°11'31"West for a distance of 67.21 feet;thence
North 4]0 59'19"East for a distance of 176.31 feet;thence
North 5°42 I 38"East for a distance of 50.25 feet;thence
South 81"45'13"East for a distance of 69.72 feet;thence
North 0°5'27"East for a distance of 205 feet to a point
on the Southerly line of Kennedy Road;thence South 51°13'
27"West for a distance of 136.0 feet;thence South 42°30'
27"West for a distance of 99.17 feet;thence continuing
along the Southerly line of Kennedy Road in a generally
Westerly direction North 89°30'27"West for a distance of
43.27 feet;thence North 57°29'33"West for a distance of
95.59 feet to the point of beginning.
-EXHIBIT "B"-
RESOLUTION 2008-
RESOLUTION OF THE TOWN OF LOS GATOS TO ACCEPT A NOTICE OF NON-
RENEWAL FOR A 14,375 SQ FT PORTION OF LAND UNDER CONTRACT WITH THE
TOWN AS AN AGRICULTURE PRESERVE
WHEREAS,Frederick and Maud Holley are owners ofland in the Town of Los Gatos,
Santa Clara County,California,and have 4.33 acres ofland designated an agriculture preserve
under the provisions of the Land Conservation Act of 1965;and
WHEREAS,the Town of Los Gatos received and reviewed a Notice of Non-renewal for
a 14,375 sq ft portion of such land,shown in Exhibit A,to facilitate a lot line adjustment which
would include said pOliion of land with property not now subject to a contract under the
provisions of the Act.
THEREFORE,BE IT RESOLVED that,bascd on the Facts and Findings in Resolution
No.1977-28 the retcntion of the remaining said land shall remain under contract with the Town of
Los Gatos as an Agriculturc preserve.
BE IT FURTIIER RESOLYED that the Owners,Frederick and Maud Holley shall file
and record all necessary paperwork with Santa Clara County Recorder and asotherwise required by
law.
PASSED AND ADOPTED at a regular mceting of the Town Council of the Town of
Los Gatos held on the of ,2008,by the following vote:
COUNCIL/AGENCY MEMBERS
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN Of LOS GATOS
LOS GATOS,CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS,CALIFORNIA
ATTACHMENT 4
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