1998-147-Making Findings And Determining The Amount Of The Cancellation Fee And Directing The Clerk To Record A Certificate And Publish A Notice For The Early Cancellation Of Williamson Act Contracts For Project Application: PRJ-97-045RESOLUTION 1998 - 147.
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
MAKING FINDINGS AND DETERMINING THE AMOUNT OF THE
CANCELLATION FEE AND DIRECTING THE CLERK TO RECORD A CERTIFICATE
AND PUBLISH A NOTICE FOR THE EARLY CANCELLATION OF
WILLIAMSON ACT CONTRACTS
FOR
PROJECT APPLICATION: PRJ -97 -045
DEVELOPMENT APPLICATION: DEV -97 -001
ENVIRONMENTAL IMPACT REPORT: EIR -97 -001
WILLIAMSON ACT CANCELLATION: WA -006
PROPERTY LOCATION: 14734 BLOSSOM HILL ROAD
APPLICANT: SUNPAERHILL HOMES, DEVELOPER
PROPERTY OWNER: REGENTS OF THE UNIVERSITY OF CALIFORNIA
WHEREAS:
A. Regents of the University of California are the owners of property located at 14734
Blossom Hill Road (the 'Property ");
B. SummerHill Homes, the developer of the Property, had applied for approval of (1)
a General Plan Amendment to change the land use designation from Agriculture to Hillside
Residential, (2) a Planned Development to change the zoning designation from RC to HR -1 PD to
reduce the one acre minimum lot size to allow clustered 10,000 square foot minimum lots with
adjoining designated open space and trails, the construction of 43 new single family residences and
rehabilitation of an existing residence, trails and site improvements, (3) withdrawal from the
Williamson Act agricultural preserve, (4) annexation of 32 acres, and (5) an Architecture and Site
application for the demolition of one pre -1941 residence (Ayala House) and a garage /workshop
(Heinz Garage/Lab); Development Application DEV -97 -001, Project Application PRJ -97 -045,
Environmental Impact Report EIR -97 -001 and Williamson Act Cancellation WA -006 (the 'Project ");
1
C. Public hearings on the Project were held before the Planning Commission on March
11, 1998, which was continued to March 15, 1998 for a three -hour field study session, and then to
April 22, 1998 and then to May 13, 1998, and finally to May 27, 1998 when the Commission
recommended that the Town Council approve the Project;
D. This matter came before the Council for public hearing on July 6, 1998 and was
regularly noticed in conformance with State and Town law;
E. The Council received testimony and documentary evidence from the applicant and all
interested persons who wished to testify or submit documents. The Council considered all testimony
and materials submitted, including the record of the Planning Commission proceedings and the packet
of material contained in the Council Agenda Report dated July 2, 1998 and July 6, 1998, concerning
this application;
F. Land Conservation Contract number 4202810 relates to that property described as
assessors parcel number 527 -19 -004 (formerly parcel numbers 527 -19 -001 and 527 -19 -002), and
Land Conservation Contract number 4200496 relates to that property described as assessors parcel
number 527 -19 -003. A copy of the parcel map is attached hereto as Exhibit "A ";
G. The owners of the Property served a notice of non - renewal for contract No.4202810
on September 26, 1991, and a notice of non - renewal for contract No. 4200496 on September 22,
1992. Copies of said notices are attached hereto and incorporated herein as Exhibits "B" and "C';
H. The owners of the Property have petitioned the Town Council for early cancellation
of the contracts pursuant to the provisions of Government Code §§ 51281 and 51282 of the
California Land Conservation Act of 1965, (the "Williamson Act "). A copy of said petition is
attached hereto and incorporated herein as Exhibit "D';
2
I. The Town Council is the decision - making body for the early cancellation of the
Williamson Act;
J. Cancellation of the contracts is consistent with the purposes of the Williamson Act;
K. Pursuant to Government Code § 51282.3(a), the Santa Clara County Assessor has
certified to the Town Council that the cancellation value of the Property for the purpose of
determining the cancellation fee is FIVE MILLION TWO HUNDRED SEVENTY -SEVEN
THOUSAND FIVE HUNDRED DOLLARS ($5,277,500). A copy of said certificate is attached
hereto and incorporated herein as Exhibit "E; and
L. The cancellation fee, determined pursuant to Government Code § 51282.3(b) by
multiplying the full cash value of the Property as certified to the Town by the County Assessor by
12.5 percent, equals SIX HUNDRED FIFTY -NINE THOUSAND SIX HUNDRED EIGHTY-
EIGHT DOLLARS ($659,688).
RESOLVED:
1. The Town Council makes the following findings pursuant to Government Code §
51282(a)(1) and (b) with respect to the early cancellation of the Williamson Act:
(a) The cancellation is for land on which notices of nonrenewal have been served
pursuant to Government Code § 51245, as evidenced by Exhibit "B" and "C" to this Resolution;
(b) Cancellation is not likely to result in the removal of adjacent lands from
agricultural use because adjacent lands have not been put to agricultural use since 1987;
(c) Cancellation is for an alternative use, low density single family residential
housing, which is consistent with the applicable provisions of the Town General Plan as evidenced
by the findings of consistency made by the Town Council regarding the Project on July 6, 1998;
r
(d) Cancellation will not result in discontiguous patterns of urban development as
evidenced in the record showing that the Project site is surrounded to the north by lands with the
General Plan designation General Planned Low Density Residential 0 -5, zoned R -1:10 and R -1:8, and
developed with single family residences, to the east by lands with General Plan designation General
Planned Low Density 0 -5, zoned R -1:10, and developed with single family residences, and to the west
with lands with the General Plan designations General Planned Low Density Residential, 0 -5 and
Hillside Residential 0 -1, zoned HR -1, and developed with single family residences, and General
Planned Agriculture, zoned RC and developed with single family and agricultural uses; and,
(e) 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 as evidenced by the record showing that
there are no proximate noncontracted lands suitable for comparison, and particularly, the Final
Environmental Impact alternate location analysis showing that the only alternative site is not
environmentally superior, and may be environmentally inferior, to the Project site.
2. The Town Council hereby determines that the cancellation fee pursuant to
Government Code § 51283(b) with respect to the early cancellation of the Williamson Act to be SIX
HUNDRED FIFTY -NINE THOUSAND SIX HUNDRED EIGHTY -EIGHT DOLLARS
($659,688), and authorizes the Mayor to sign the certification to that effect to be forwarded to the
Santa Clara County Auditor.
3. The Town Clerk is hereby directed to record in the office of the Santa Clara County
Recorder a certificate of tentative cancellation pursuant to Government Code § 51283.4, and to
publish a notice pursuant to Government Code § 51284.
rd
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 8th day of September, 1998 by the following vote.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Jan Hutchins,
Mayor Linda Lubeck.
NAYS: None
ABSENT: Randy Attaway
ABSTAIN: None
SIGNED.
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS TOS
LOS GATOS, CALIFORNIA
5
ie;:a circled IIS are current APNs: 527 -19 -004, - 005, -006 & -007
-006 and .007 are the life es -005 and -006 were never contracted
-004, -005, -006 & -007 were formerly APNs 527 -19 -001 and -002
/
O
II[BLNTa OF The VI11v"Sry m CALIF.
..I'
WAIAC,
1490AC
Parcel 1
COUNTY A
APN: 537 -27 -005
Contract # 4199203
Non- renewed 9/30/83 -
REGENTS OF THE
W'll'� of "It Contract Status
A Non - renewed 9/30/83
B Non- renewed 9/27/91
C Non - renewed 9/22192
D Never Contracted
104 Ae
Parcel 2
COUNTY A
APN: 537 -27 -006
� rl
Contract # 4199204
Non - renewed 9/30/83
OF CALIF
EMMIT A
'
11'a rccl5 APN: 527 - 19.003 r
B
Ayala Pee Parcel
Non- renewed 9/22/92
"Phis
parcel is parcel #s 1 -4 C
on Chicago Title Co.'s P "I'It 3/97
n^
Contract #40228111
Not- renewed 9/27/91 ^
t
it
F €
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RF
Formerly Ayala Life Estate
AI'Ns: 527- 19 -OOI r
fl,
_
Sz7 -19 -002 R ~ FD
O
Parcel 4
r
.1
A
APN: 527-17-004
.R ; p . D li xl
3
I Never Contracted
Contract #4202810 T
' v sue
Non- renewed 9/30/83
PE44o ra Q TI< VMY/aSTT W
i
CALIF,
Pa reel 3
APN: 527 -20 -001 A
`)
contract # 4202810 071,
i Fr
Or
Y
Non - renewed 9 /30/83
I(rr_,c
AQACAC,
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.
II[BLNTa OF The VI11v"Sry m CALIF.
..I'
WAIAC,
1490AC
Parcel 1
COUNTY A
APN: 537 -27 -005
Contract # 4199203
Non- renewed 9/30/83 -
REGENTS OF THE
W'll'� of "It Contract Status
A Non - renewed 9/30/83
B Non- renewed 9/27/91
C Non - renewed 9/22192
D Never Contracted
104 Ae
Parcel 2
COUNTY A
APN: 537 -27 -006
� rl
Contract # 4199204
Non - renewed 9/30/83
OF CALIF
EMMIT A
THE REGENTS OF THE UNIVEIL' Y OF CALIFORNIA
OFFICE OF THE TREASURER ash\
HERBERT MI. GORDON. CFA Ti j
R4TRICIA A. SMALL
rhr . ,wle T,nnvurr
C ARY S. 06e E-eSE. NAI
I. —I.... r Trm,iva. Rml &!.w
ST. EPHEN E. MIOORE, CFA
6, ,NW Lin°n.rn E:pllhl L ,r5nnent<
STEPHEN A. MIORA. \CE
i:!i >Innr Trm <unr- Fimumr
Town Clerk
Town of Los Gatos
Civic Center
110 E. Main Street
P.O. Box 949
Los Gatos, CA 95030
VMI Uk,,Je Dnce. Cih P.,
Oa klanJ. Calibrva +Jnl_J ^U
7,1 (4151 q57-4NO
Fq, :415) qNr - %I T
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
September 26, 1991
RE: Land Conservation Contract 4202810 --
As to Portions of Assessor's Parcels 527 -19 -01 and 527 -19 -02
Dear Sirs:
The Regents of the University of California is the current owner of record of the referenced
property as successor in interest to Ralph M. Heintz and Sophie K. Heintz. A legal description
of the referenced property is attached to this letter.
This letter shall constitute written notice of nonrenewal of the referenced Land Conservation
Contract on behalf of the Regents of the University of California. It is our understanding that
this notice shall cause the contract to continue in effect for the balance of the'period remaining
since the last automatic renewal of the contract. The last automatic renewal of the contract took
place January 1, 1991. On that date the subject property was bound by the contract's restrictions
until December 31, 2000. Thus, the restrictions on the property will expire December 31, 2000.
Please provide us with a Notice of Nonrenewal for this referenced property, in recordable form.
Very truly yours,
'r
Gary S. DeWeese
Assistant Treasurer -Real Estate
Attachment
(k: l
GSD \AM:jj
■
:r
September jK� 1992
Town Clerk
Town of Los Gatos
Civic Center
110 E. Main Street
P. O. Box 949
Los Gatos, CA 95030
RE: Land Conservation Contract 4200496/4202810
As to Assessor's Parcel 527 - 19-003
Dear Sirs:
ii.
SE? 2 21992
TO OF ACS
OFFICE
Angel S. Ayala and Angelina Ayala are the current owners of record in the referenced
property. A legal description of the referenced property is attached to this letter.
This letter shall constitute written notice of nonrenewal of the referenced Land Conservation
Contract. It is our understanding that this notice shall cause the contract to continue in effect
for the balance of the period remaining since the last automatic renewal of the contract. The last
automatic renewal of the contract took place January 1, 1992. On that date, the property was
bound by the contract's restrictions until December 31, 2001. Thus, the restrictions on the
property will expire December 31, 2001.
Please provide us with a Notice of Nonrenewal for the referenced property in recordable form.
Very truly yours,
Angel S. Ayala
J
Angelina Ayala
Attachment
a
EX
HiAOr c
SummerHill Homes
777 California Avenue
Palo Alto, CA 94,304
Tel: 415 8570122
FaX: 415 857 1077
May 6, 1997
Lee Bowman
Planning Director
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95031
aI
MAI d Y lei
TOWV OF LOS CATCJ
PLtNt�1N� SPART�(FJ1tT
EJ
Re: Petition for Cancellation'of Land Conservation Contract
APN 527- 19 -07, APN 527 -19 -04 (reparceled) (U.C. Regents)
APN 527 -19 -03 (SummerHill Mathilda. Inc., a.k.a. Lands of Ayala)
Dear Mr. Bowman:
Pursuant to the California Land Conservation Act of 1965 (Williamson Act), The Resents .
of the University of California and SummerHill Mathilda Inc. are petitioning the Town of
Los Gatos for the early cancellation of the Williamson Act contracts existing on the
above - referenced parcels. The contracts are scheduled to expire on December 31, 2000.
The entire site, approximately 110 acres, was under a Williamson Act contract with the
Town of Los Gatos commencing in 1972 (see enclosed) and the balance of parcels have
since expired (see enclosed). The approximately 105 acres of the 110 acre site was gifted
to the University of California in 1979 by Ralph M. and Sophie K. Heintz. The
remaining 5 -acre parcel was gifted to the Angel and Angelina Ayala by Ralph M. and
Sophie K. Heintz.
The proposed contract cancellation is not inconsistent with the purpose of the Land
Conservation Act of 1965 as amended and meets the findings required for early
cancellation per Section 51282 (b.) of the Williamson Act as follows:
Section 51282 b)
(1) That cancellation is for land on which a notice of non - renewal has been served
pursuant to Section 51245.
See attached notices.
(2) Cancellation is not likely to result in the removal of adjacent lands from agricultural
use.
There are no agricultural lands in production adjacent to these parcels. It is our
understanding that the subject parcels hcne not been in production since -I 987.
SummerHill Homes
(3) That cancellation is for an alternative use which is consistent with the applicable
provisions of the city or county general plan.
The proposed use is low density single family residential housing designed for families.
This provision of housing is consistent with the Town's Housing Element of the General
Plan, declaring that the Town "intends to provide adequate housingfor Town citizens,
regardless of age, income, race, or ethnic background. " Additionally, the town
"encourages conservation and construction of housing adequate for future populations "
and will contribute in meeting the Town's housing goals.
In addition to providing market rate family housing, the proposed planned development
will generate approximately x800,000.00 in in -lieu feesfor the Town's Housing
Assistance Program (Below Market Price program). These funds will be used by the
Town of Los Gatos to provide housing to very low, low, and moderate income families
which is also consistent with the Town's Housing Element.
Finally, as is consistent with the Housing element, the proposal utilitizes the Planned
Development zoning designation to optimize the quantity and use of open space and
encourage good design in both landplanning and house design.
4) That cancellation will not result in discontiguous patterns of urban development.
The proposed area of residential develo m nt including the subject area of proposed
cancellation, is surrounded by single family residential to the north, east, and west as
follows:
• to the north is General Planned Low Density Residential, 0 -5 and zoned R -10.
• to the east is General Planned Low Density, 0 -5 and zoned R -10 with approximately
1.i0 feet abutting R -20.
• to the west, approximately one - quarter of the property adjacent to this area is
General Planned Low Density Residential, 0 -5 and one -half is Hillside Residential, 0-
1. These areas are zoned HR -1. The remainder is General Plan- designated
Agriculture and is part of proposed Open Space.
The proposed area of pub�n AaCP (not the subject of cancellation) is surrounded
as follows:
• to the east by General Planned Hillside Residential with HR 2 112 zoning, and Alta
Vista Open Space.
• to the south by General Planned Hillside Residential, 0 -1, specifically Santa Rosa
Heights Open Space (HR 2 112) and hillside residential housing zoned HR -S.
• to the west by General Planned Agriculture primarily, zoned RC with a portion of
Hillside Residential, 0 -1.
The dedication of this Open Space in perpetuity will ensure that discontiguous patterns
of development, or any housing, never reach into these areas. _
SummerHill Homes
5) That there is no proximate non - contracted land which is both available and suitable
for the use to which it is proposed the contracted land be put, or, that development of the
contracted land would provide more contiguous patterns of urban development than
development of proximate noncontracted land.
Applicant is not aware of proximate noncontracted land suitable for comparison.
The contract cancellation is in the public interest pursuant to Section 51282 of the
Williamson Act as follows:
Early cancellation of the 21 acres enables the feasibility of Planned Development for
which there is significant public benefit. The Town of Los Gatos General Plan supports
the provision of open space as a goal of preservation (Section 7) as does the State of .
California and the California Environmental Quality Act. By cancelling the remaining
21 acres of the subject property for which the Williamson Act contract will expire in two
to four years, approximately 8'.3 acres of open space shall be dedicated Open Space in
perpetuity. This space will not be exposed to further Williamson Act cancellation which
may promote development later.
Instead, the public will receive a dedicated Open Space easement in perpetuity more than
zrr times the size of the subject cancellation. This is consistent with the California Open
Space Easement Act of 1974 which declares that "open -space lands, if preserved and
maintained, would constitute important physical. social, and economic or aesthetic assets
to existing or pending urban development. " In addition, it declares that "the acquisition
of open -space easements is in the public interest and constitutes a public purpose for
which public funds may be expended or advanced. "
This proposed open space transfer will provide the following compatible uses highlighted
in the original Williamson Act contract entered into between the Town and the Heintzes:
. OR WN'T"NoTdr 411
3. Open Space - 87.3 acres of open space in perpetuity.
4. Forest preserves - see biotic summary (H T. Harvey, March 1997 & May 1997) for
wildlife and botanical habitat.
5. Outdoor recreation facilities - parks, trails, vista points.
7. Riding & hiking trails - approxomately 8,100 linear feet of dirt trails connecting to
Town and County trail system with additional trails within developed area
This public Open Space will include approximately 8,100 feet of dirt trails. A flowering
tree grove and linear park will be located within the proposed residential area. This will
include an asphalt trail system along Blossom Hill Road through the proposed
residential area connecting to the Open Space.
SummerHill Homes
This entire 110 -acre site is currently private property. Entry constitutes trespassing.
In addition to the public Open Space and trails, housing and BMP in -lieu fee discussed
above, as a result of this planned development, the Town will receive the following public
benefits consistent with the General Plan:
• a floating easement for a future mountain collector in the southwest portion of the
site
• the widening of Blossom Hill Road
• preservation of a pre -1941 barn and surrounds. and the main residence with historic
and educational interpretive exhibits within a publicly - accessible "orchard" park
area
• the mitigation of chronic storm drainage problems affecting the surrounding area
with improved storm drainage facilities
•
Traffic Impact Mitigation fees of approximately S2 75, 000.00
• the formation of Homeowners Association to maintain the landscaped areas within
the linear park, flowering tree grove, and ornamental stepped planter, as well as
other features
Finally, as was noted previously during the CDAC process, an earlier cancellation of the
contract would place the property back on the tax rolls. Thus, the Town, school and
other service districts that do not currently derive any property tav revenue because the
property tax exempt will benefit from this proposal.
Cancellation Fee
Should it be required, the Regents of the University of California, or applicable party,
and SummerHill dlIathilda, Inc. agree to pay the cancellation fee set forth by the Council
according to law.
Thank you for your consideration of this matter.
Sincerely,
2. /3V_�Z-
Elaine Breeze
Development Manager
enclosures
cc: Gary DeWeese, The Regents of the University of California
Theodore K. Boyton, Nakashima & Boynton
Andrew L. Faber, Berliner & Cohen
fcounty of Santa Clara
office of the County assessor
Real Property Division
Counry Government Center, East wing
70 west Hedding Street
San Jose, California 951 10
14081 299 -2401 FAX 298 -9439
Lawrence E. Stone. assessor
JULY 31,1998
THE HONORABLE TOWN COUNCIL OF LOS GATOS
110 E. MAIN STREET
LOS GATOS, CA. 94031
ATTN: LEE BOWMAN, PLANNING DIRECTOR
RE: A.P.N. 527 -19- 003 ; 527 -19- 004 ; 527 -19 -007
OWNER: SUMMERHILL HOMES; UNIVERSITY OF CALIF. REGENTS
LAND CONSERVATION CONTRACT: # 72.915
APPRAISAL DATE: JULY 22,1998
IN ACCORDANCE WITH THE PROVISIONS OF SECTION 51283 OF THE GOVERNMENT
CODE, I, LAWRENCE E. STONE, DO HEREBY CERTIFY UNDER PENALTY OF PERJURY
THAT THE FULL CASH VALUE OF THE 21.07 ACRES OF LAND, BEING PARCEL 527 -19- 003,04,07
IS $5,277,500 (FIVE MILLION TWO HUNDRED SEVENTY SEVEN THOUSAND FIVE HUNDRED
DOLLARS). THIS IS THE VALUE TO BE USED IN CALCULATING THE CANCELLATION FEE.
THE CANCELLATION FEE, WHICH IS DETERMINED BY MULTIPLYING THE FULL CASH
VALUE BY 12.5 PERCENT IS EQUAL TO $659,688 (SIX HUNDRED FIFTY NINE THOUSAND
SIX HUNDRED EIGHTY EIGHT DOLLARS). THIS IS THE AMOUNT OF THE CANCELLATION FEE.
THIS 31ST DAY OF JULY, 1998, AT SAN JOSE, CALIFORNIA.
RENCE E. STONE
VTY ASSESSOR
a
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