Attachment 13RESOLUTION 2018-____
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
TENTATIVE CANCELLATION OF THE WILLIAMSON ACT CONTRACT
FOR
WILLIAMSON ACT CONTRACT WA-11 CANCELLATION
PROJECT LOCATION: TWIN OAKS DRIVE
APPLICANT/PROPERTY OWNER: TOM DODGE, SURREY FARM ESTATES, LLC
WHEREAS, the 17.5-acre property located on Twin Oaks Drive (the “Property”)
(Santa Clara County Assessor Parcel Number 532-16-006) is currently subject to an
agricultural preserve contract as non-prime agricultural land under the Williamson Act
(Government Code Section 51200 et seq.); and
WHEREAS, the property owner has requested the approval of a tentative
cancellation of the Williamson Act contract regarding the Property in connection with a
request for approval of a General Plan Amendment from Agriculture to Hillside
Residential and a Planned Development to rezone property from RC to HR-1:PD to allow
for subdivision of one lot into 8 lots, construction of 8 new single-family residences, and
removal of large protected trees; and
WHEREAS, on April 28, 2015, the Town received a notice of nonrenewal of the
Williamson Act contract with the Town of Los Gatos; and
WHEREAS, the Town Council may grant tentative cancellation only if it makes all
the findings required by the Williamson Act; and
ATTACHMENT 13
Draft Resolution: subject to
modification by Town Council
based on
deliberations and direction
WHEREAS, the California Department of Conservation has reviewed and
provided comments on the proposed findings in support of tentative cancellation of the
Williamson Act contract, and the Town Council has considered those comments; and
WHEREAS, the Town Clerk must record a certificate of tentative cancellation
with the Santa Clara County Recorder, which includes the contingencies to be satisfied
and a requirement that the property owner obtain all permits necessary to commence
the project and pay a cancellation fee; and
WHEREAS, in order to record the certificate of final cancellation, officially
removing the Property from the Williamson Act contract, the property owner is required
to pay a cancellation fee and meet any additional requirements of the tentative
cancellation; and
WHEREAS, as part of the cancellation process, the Santa Clara County Assessor
determines the current, unrestricted fair market valuation of the property. Government
Code Section 51283 requires payment by the landowner of a cancellation fee to the
State that is 12.5 percent of that valuation; and
WHEREAS, the Santa Clara County Assessor has provided a Certificate of
Cancellation Value for the Property, dated March 1, 2018, certifying that $11,000,000 is
the cancellation value for the purposes of determining the cancellation fee. At 12.5
percent, the cancellation fee that the property owner must pay to the State is
$1,375,000; and
WHEREAS, the Planned Development Overlay includes a Performance Standard
requiring that certificate of final cancellation of the Williamson Act Contract shall be
recorded prior to the recordation of the Final Subdivision Map, issuance of building or
grading permits, or other activities that are not compatible with the Williamson Act; and
WHEREAS, the Planning Commission recommended that the Town Council
approve the project at its regularly noticed public hearing on February 28, 2018; and
WHEREAS, the Town Council held a public hearing on the project on May 1,
2018, and said meeting was duly noticed in accordance with Government Code Section
51284 and all other applicable requirements; and
WHEREAS, at the public hearing on May 1, 2018, the Town Council considered
the reports and documents presented by Town staff, the Planning Commission’s
deliberations, and the written and oral comments presented at the public hearing; and
WHEREAS, the Council finds as follows:
A. The cancellation is for land on which a Notice of Nonrenewal has been
served, pursuant to Section 51245 of the Government Code. A Notice of
Nonrenewal for the 17.5-acre property was received by the Town on April
28, 2015, and recorded by the County Recorder on October 31, 2017, and
was assigned Document No. 23789473.
B. The cancellation is not likely to result in the removal of adjacent lands from
agricultural use because none of the adjacent lands are under an agricultural
use or zone.
C. The cancellation is for an alternate use that is consistent with the provisions
of the Town’s General Plan as stated above.
D. The cancellation will not result in discontiguous patterns of urban
development in that the surrounding parcels are located in a developed
residential area of the Town of Los Gatos. Zoning of adjacent properties
include Single-Family Residential (R-1) and Hillside Residential (HR), including
the Hillbrook School which shares part of the property’s northern boundary.
No vacant, undeveloped, or agricultural lands are adjacent to the subject
property.
E. There is no proximate, non-contracted land which is both available and
suitable for the use to which it is proposed that the contracted land be put,
or that development of the contracted land would provide more contiguous
patterns of urban development than development of proximate non-
contracted land.
NOW, THEREFORE, BE IT RESOLVED, that 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 $1,375,000; and
BE IT FURTHER RESOLVED, that the Town Council hereby approves the tentative
cancellation of the Williamson Act contract regarding the Property, based upon the
findings set forth above and comments provided by the California Department of
Conservation; and
BE IT FURTHER RESOLVED, that the Town Council hereby directs the Town Clerk
to publish public notice of the tentative cancellation of the Williamson Act contract
within thirty days as provided by state law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 1st day of May, 2018, by the following vote:
COUNCIL 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
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