2001-137-Enter Into A Land Conservation Contract With The Property Owner At 14411 Shannon RoadRESOLUTION 2001-137
RESOLUTION OF THE TOWN COUNCIL DF THE TOWN OF LOS GATOS
TO ENTER INTO A LAND CONSERVATION CONTRACT
WITH THE .PROPERTY OWNER AT
144.11 SHANNON ROAD
WHEREAS., the California Land Conservation Act or 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, et seq.), said procedure
including the holding of a noticed public hearing and adoption of a resolution malting 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 a 24.975 acreproperty located at 14411 Shannon Road (APN 537-18-003),
as shown on Exhibit. A ("Property"), has requested that the Town enter into a land conservation contract
concerning the Property; and
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
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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 5123D, 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, and thereafter resolved to establish the Property as an .agricultural
preserve.
RESOLVED, that the Town Council hereby approves the land conservation contract on the Property
attached hereto as Exhibit A and authorizes the Mayor to sign the contract on behalf of the Town.
FURTHER RESOLVED, that the Town Council finds that the by entering into this contract, the use
of the Property will be consistent with the General Plan and Hillside Specific Plan in that agricultural uses
are permitted .for the subject site and that Goal O.G.11 of the Open Space Element of the General Plan
encourages the acquisition of open space areas within theTown, particularly land which provide recreational
uses and that Goa14.2.2 of the Hillside Specific Plan encourages recreational uses (the subj ect site contains
a riding stable), and Implementing Strategy O.I.l.l 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 RES OLVED, that theTown Council finds pursuant to Resolution 1971-114 as follows:
That the presently proj ected or :anticipated allowable intensity of development of the Property
would seriously reduce the maintenance of topographical configuration which exhibits importance as a
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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 the Property 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 that are preserved
thereon.
7. That the Property is not designated for commercial or industrial development in the Los Gatos
General Plan.
8. That high property values in the area and related 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.
Page 3 of 4
.FURTHER RESOLVED, that the Town Council .finds that the act of entering into a .land
conservation contract is categorically exempt from CEQA pursuant to .Section 1.5317 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 Pirzynslci,
Mayor Randy Attaway.
NAYS : None
.ABSENT:. None
ABSTAIN: None
G~~ ~
SIGNED:
MAYOR OF HE TOWN F LOS GATOS
LOS GATOS, CALIFORNIA
.ATTEST:
CLERK OF THE T'O'~Ullt OF L GATOS
LOS GATOS, CALIFORNIA
Page 4 of 4
~~~~~ e:
WHEN RECORDED, MAIL OR BRING TO:
Town Clerk, Town of Los Gatos
P.O. Box 949
110 E. Main Street
Los Gatos, CA 9503.1
LAND CONSERVATION CONTRACT
14411 Shannon Road, .Los Gatos
THIS AGREEMENT is made between the TOW1V OF GATOS,, a municipal corporation of the
State of California ("TOWN"), .arid WILLIAM AND SANDRA SWEITZER, ("OWNER"), and
is made with reference to the :following facts.
The OWNER owns real property located in the TOWN. The property is described in
Exhibit "B" attached .hereto and throughout this agreement is called "property". The property is
located in an agricultural preserve established by the TOWN. The OWNER 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 OWNER 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 OWNER and
the TOWN intend that this contract is, and shall be throughout its term, including any extensions,
an enforceable restriction within the meaning of Article XXVIII of the Constitution of the State
of California and under provisions of section 422 of the California Revenue and Taxation Code.
Page 1 of 5
The TOWN and the OWNER agree as follows:
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" shal!1 not be-used by the OWNER 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 OWNER consents 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 OWNER
shall be subject to the TOWN's Tree Protection Ordinance, Division 2 ofthe Town Code,. and
the TOWN's Grading Ordinance, Chapter 12 of the Town Code.
3. Term of Contract..
This contract is effective on the date it is signed on behalf of the TOWN. Its .initial
term is ten years, commencing January 1,.2001. Each January 1 beginning January 1, 2002, shall
be 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
Paragraph 4.
4. Notice of Nonrenewal.
Either party may prevent automatic renewal of the contract by serving written notice
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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 Paragraph 3.
The OWNER, 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. 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 effectfor 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 calendar year, or
from the contract's last annual renewal date if the notice is served in a subsequent calendar year)
and .shall then terminate.
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
OWNER which will occur as the result of imposition of the restriction.
6, Successors in Interest.
This contract and the restrictions imposed here under .shall be :binding upon, and inure
to the benefit of, the successors in interest of the OWNER. 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 owner of 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 "~"
shall not be imputed to the owners of the remaining parcels and shall have no effect on this
contract as it applies to the remaining parcels of the divided property.
.Page 3 of 5
7. Cancellation..
This contract may be canceled as to all or a part of the subject property only upon the
petition of the OWNER 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 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 personal 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 Unites States Postal Service.
Notice to the TOWN shall be addressed:
Town Clerk, Town of Los Gatos
Civic Center
110 East Main .Street
PO Box 949
Los Gatos, CA 95031
Notice to OWNER shall be addressed:
VJilliarn and Sandra Sweitzer Once building permits have been
14151 Woodview Lane finalized at subject site, mailing address is:
Saratoga, CA 95070 14411 Shannon Road, Los Gatos, CA 95032
Page 4 of 5
IN WITNESS WHEREOF the parties hereto have caused this contract to be executed on
and by TOWN on
TOWN OF LOS GATOS
a .municipal corporation.
By
Randy Attaway,Town Mayor
ATTEST:
Marian V. Cosgrove, Town Clerk
Sandra Sweitzer, Owner
William Sweitzer, Owner
State of California
County of Santa Clara
On ..2001 before me, ,personally
appeared Sandra and William Sweitzer, known to me to be the persons whose
.names are subscribed to the within instrument .and acknowledged to me that they
.executed the same.
WITNESS my hand and official seal.
Notary Public in .and .for the .State of
California, County of .Santa Clara
Page 5 of 5
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 plants for wholesale,. or for sale for use in agricultural
enterprises, but not other types of nurseries.
3. Dpen 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.
N;\DEV\SANDY~LCCuses.wpd
EHAI01i a
Jun-11.11 Ot;l~as Frog-ORT-iii:E !011442115 1-1ii p ~t/07 F-Eil
oYdss No. ~ 400021-G1
The land rsterssd to is situated in the 9tata o! California, County o! Banta Clara,
iri the iaoozporated area, and la described as follows:
H26ZEmTZNG at t2u center o! Section Z•, T. 8 8. R. 1 W., N.D.M., sunning thence along
the esntas liras of said Section S. 0• a5' E. 13.08 chs. to the center o! 9hssmon Road
(as now eravelsd) lroa which a clunQs oP 3 9ma11 ivy oaks, the -TSSt one marked B.T.C.
beaars 9. 61. 3b' E. 60 lks. distant, running thence along the eentar o! Oaid Aoad, S.
77. 1S' 8 .4.00 ohs. N. 09' 30' W. 2.29 cha. 8. 83. 15' t. 7.00 char. Q. 82• IS' B.
3.9E Chs. S. 79• e. 3.00 chs. ~. ei• 15' B. 1..59 chs. 8. 70. 30' f. 7.50 ehe. S. 18•
3S' E. 7.00 chr. and d. 52. 40' C., 0.93 chs. from which • liw oak 1" is diaaeear
masked s.T.2. bears N. 6. 14' 8. 38 lka, distant and a atakc marked q. P, bears N. 0•
15' N. 4.0 lks, diRCanti ChetlCe N. 0. 18''W. 20.211 ehe. to a stake narked R.C. 1n ehe
lsnea oa the south line of the Northeast 1/4 of said 9petioa 21 tad south boundary o!
Iaad, now or formerly in poasaesion o! A.F. ?arks: from which a,prongsd-black oak
bears N. a• 30' E. sa lks. distant. and thence aloaQ a lsr+ca ot~ tbs :ouch line o! the
llostheasc i/1 0! said 6eeeion 21 4. ai• 30' 1d. 25.03 ehs. to ehe ylacs of beginning,
:and being aportion o! Che •iouthsast i/1 0! section 21 fi, a 9.R. 1 W., N.A.H. i M.,
eouree~ esua, maq. vas. 16• ~O' !.
>iXCE9TINi1 T318AEFAOM that portion chsreo! convaysd by J-Sbiao Cimeli et ux, eo J13;bsrt
P. Moore, ee ux by deed daeed April 3, 3946 and recorded npril il, sfli is Hook 13.36
o! o!lioial Records, Pags 365, sad more pastioulsrly described as follows;
OEGiNNiDq at a point is the ccater line u! Shsaaoa Aoad (as now traveled), whsse the
shawl i• interssated by ehe Easterly line o! ehak certain 10.00 care trace, desdad eo
Albino Ciswii, et ux, by Aloisso Cimoli et ux, by Deed datiad .February 17, 193!1 and
recorded lebruary 21, 1930 in gook 066 e! O!lieial Raoorda, bags 111, in the O!liae
o! the County Aacorder of Oaaea Clara County, Calilernia, Lroa whieb point o!
bsgiusiing a liw ask ~" in diaaleter marked 8.^..Z, bears N. 8• is' 8. 25,00,leee and a
stake a+arked W.P. Eaars N, 0• ii' W. 26.10 fees and ruariiag thsnoe along the Eascesiy
line o£ said 10.DD acrs Bract ll. o° 15'''N. 590.00 feat to as isoa pipe sad running
eheaee S. 87. 20' W. '521.00 .eat to as isoa pipe .and running thence 9. o• 50' x.
295.60 free to a point in ehe ea-tsr lid of 8hannaa Aoad, sad sunaiaQ thanae along
;he esAtss line o! 9haanoa Aoad. S. 73• !, 139.10 Le6t, 8. 61• lS' S .104..90 !mat, S.
70. 3p' C. 115..00 feet, si.. 10• i5' B. 132..00 feet and 8. S1. 10' E. 63.10 feat to the
plane o! begitu-iag. Containing S.o3 aarss need being a portion o! the above meneionad
40.p0 Gore tract and being in the Souehesat 1// oS esetion 20, Township 0 South,
aatsgo i hest, N.D.e. E K.
ALSO EXCEPTIND Tlgiltbl>tON that. portion thereof conveyed by Aibiao Ciowli et ux to
Oscar e. Nehdos by deed dated Daoember 6, 19SD and ::corded Decsa~ber 7, 1f50 in 8ovk
2110 of o!lioisl Aecosda, Page 3E1, and amore particularly 4aacrib~ed as lollowa~
b=piNDTiNa at the oenesr a! 9sccion 21, Township 0 South,. Range S Nese, MoupL Diablo
Msridiant thence :long the csneesline o! said Ssctoa, 9oueh 0• ~5'' Eaat OS0.16 feet
eo an iron papa in the cancer o! ehe present traveled roadwy o! Shaaaan Roadr
chance along the said center of tuvsled roadway seuth 77• bt' 60' taae 361.01 lest
to an iroA pipai thence !saving the censer o! said trawled roadway North 7^• 19'
Beast If .7S lens to an iron pipet thsace Nortb l0. 2!' 30" east 17.3'9 feet to as irea
EMHIBIT ~
Jun-ll-la 71:1Ipu Froe-ORT-Td1lE /082!/2{25 1-TTI P.D2/O2 F•5{I
~ piper thenee Dioreh ai• yz' fast 31.06 :•et to ~n iron piper thence DTortb 39. 3Z' ,
aaee 77.41 feet to ari iron piper ehence Noztb 1• Zi' 3D" K. 461.52 leet eo an iron.
piper t3iflAes South 7S• 'S1' 30" Rase 186.31 feet to aA iroa piper theaos !forth 1•
08" 30" Me•t 9ea.74 Lsst to an isoa pipe assd !anee on the Nozth liras 0! 9AUthefilC 1/4
o! paid 9sation gas ehenae •ionq paid levee iina Soutih 8e• 30~ R•at 57a.3i lest to
tJte point of bsyissrlltig, eonCaiaing 9.44 Bares, !note or lies, af~d being a post3oa oL
the 9ogthease 1/4 0! 9eet.ion 3t, T s 8 R. i M.M.D.21. i M.
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