HomeMy WebLinkAbout89-03
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FEB 28 1989
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BOREL
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BEFORE THE TOWN COUNCIL OF THE TOWN OF DANVILLE
In the Matter of:
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Approving Rezoning of Property )
from P-l; Planned unit Development)
District to A-4; Agricultural )
Preserve District and Amending )
the Zoning Map of the Town )
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ORDINANCE NO 89-3
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The Town Council of the Town of Danville DOES ORDAIN AS FOLLOWS:
SECTION 1.
Rezoninq.
That the 17.2 I acre parcel located on the north side of Fostoria
Way, east of Interstate 680 (Assessor's Parcel Number: 218-090-014)
as shown on the attached Attachment A is rezoned from P-l; Planned
unit Development District to A-4; Agricultural Preserve District.
Rezoning is based upon the findings and conditions listed in the
attached Attachment B. .
SECTION 2.
Zoninq Map.
The zoning map of the Town of Danville is amended accordingly.
SECTION 3.
Publication.
The City Clerk shall either a) have this Ordinance published once
wi thin 15 days after adoption in a iJ~WSpaper of general circulation
or b) have a summary of this Ordinance published twice in a
newspaper of general circulation once five days before its adoption
and again within 15 days after adoption.
SECTION 4.
Effective Date.
This ordinance becomes effective 30 days after its adoption.
REGORDED AT RE.QUEST ~
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FEB 281989
AT ?eriOCK'P M
CONTRA COSTA COUNTY RECORDS
B. (~HAMBER~
RECOROtR:
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The foregoing ordinance was introduced at a meeting of th~ '.town
Council of the Town of Danville held February 6, 1989 and was
adopted and ordered published at a meeting of the Council held on
February 2~, 1989, by the following vote:
AYES:
GREENBERG, JAGGER, LANE, RITCHEY, SCHLENDORF
NOES:
NONE
ABSTAIN: NONE
ABSENT: NONE
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MAYOR
ATTEST: ~
2?~n__LbA0
TO . CLE
ARTM2
I hereby certify that this Is a true and correct copy of
an action taken by the Danville Town Council on the
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CITY CLERK
By
. ,.DiP\UY
END OF DOCUMENT
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BEFORE THE TOWN COUNCIL OF THE TOWN OF DANVILLE
In the Matter of:
Approving Rezoning of Property ) ORDINANCE NO 89-3
from P-l; Planned Unit Development)
District to A-4; Agricultural )
Preserve District and Amending )
the Zoning Map of the Town )
)
The Town Council of the Town of Danville DOES ORDAIN AS FOLLOWS:
SECTION 1. Rezoning.
That the 17.2 ± acre parcel located on the north side of Fostoria
Way, east of Interstate 680 (Assessor's Parcel Number: 218-090-014)
as shown on the attached Attachment A is rezoned from P-l; Planned
Unit Development District to A-4; Agricultural Preserve District.
Rezoning is based upon the findings and conditions listed in the
attached Attachment B.
SECTION 2. Zoning Map.
The zoning map of the Town of Danville is amended accordingly.
SECTION 3. Publication.
The City Clerk shall either a) have this Ordinance published once
within 15 days after adoption in a newspaper of general circulation
or b) have a summary of this Ordinance published twice in a
newspaper of general circulation once five days before its adoption
and again within 15 days after adoption.
SECTION 4. Effective Date.
This ordinance becomes effective 30 days after its adoption.
The foregoing ordinance was introduced at a meeting of the Town
Council of the Town of Danville held February 6, 1989 and was
adopted and ordered published at a meeting of the Council held on
February 23, i989, by the following vote:
AYES: GREENBERG, JAGGER, LANE, RITCHEY, SCHLENDORF
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ATTEST:
ARTM2
RECORDING REQUESTED BY:
TOWN OF D/~NVILLE
When recorded, mail to-
NANCY ORTENBLAD, CITY CLERK
TOWN OF DANVILLE
510 LA GONDA WAY
DANVILLE, CALIFORNIA 94526
LAND CONSERVATION CONTRACT
1. Parties. BY THIS CONTRACT, made and entered into the ~
day of February, 1989, ARMAND BOREL, hereinafter referred
to as "OWNER", and the Town of Danville, a municipal
corporation, hereinafter referred to as "TOWN", do
mutually agree and promise as follows:
2. Property Description. Owner owns certain real property
located within the Town, which property is presently
devoted to agricultural and compatible uses and is
particularly described in Exhibit A, attached hereto and
made a part of this contract. Said property lies within
a Scenic Highway Corridor as defined by California
Government Code, Section 51201.i(1).
3. Purpose. Both Owner and Town desire to limit the use of
said property to agricultural uses in order to discourage
premature and unnecessary conversion of such lands from
agricultural uses, recognizing that such land has
definite public value as open space and that the
preservation of such land in agricultural production
constitutes an important physical, social, aesthetic and
economic asset to Town to maintain the agricultural
economy of Town and the State of California.
4. Intent of Parties: Enforceable Restriction. Both Owner
and Town intend that the terms, conditions and
restrictions of this Contract be in accordance with the
California Land Conservation Act of 1965, as amended, so
as to be an enforceable restriction under the provisions
of Division 1, Part 2, Chapter 3, Article 1.5 of the
California Revenue and Taxation Code.
5. Intent of Parties: Effect on Property Value. It is the
intent of the Town and Owner that this Contract is
conditioned upon the continued existence of any
legislation conforming with or implementing the policy
considerations which were pronounced in former Article
XXVIII of the California Constitution so the effect of
1
the terms, conditions and restrictions of the Contract
on property values for taxation purposes is substantially
as favorable to Owner as the legislation existing at date
hereof or on the last renewal date.
6. Governing Statutes and Ordinances. The within Contract
is made and entered into pursuant to the California Land
Conservation Act of 1965 (Chapter 7 of Part i of Division
1 of Title 5 of the California Government Code commencing
with Section 51200, as amended), hereinafter referred to
as the "Act." The within Contract is further made
pursuant to and subject to applicable provisions of
Contra Costa County Ordinance Code, Title 8, Division
810, as adopted by reference by Town.
7. Land Use Restrictions. During the term of this Contract
or any renewals thereof, the above described land shall
not be used for any purpose, other than as the principal
residence of Owner or that of his heirs and the
production of food and fiber and compatible uses as
listed in Contra Costa County Ordinance Code Sections 84-
42.402 and 84-42.404, as adopted by reference by Town,
which are hereby incorporated by reference as if fully
set forth herein; provided, however, that such additional
agricultural or compatible uses as are set forth in
Exhibit B, which is attached hereto and is hereby
incorporated by reference, shall also be permitted
subject to the terms and conditions set forth herein.
In case of conflict or inconsistency between the uses
allowed in this Contract and those specified in said
zoning ordinance, the provisions of the Contract as set
forth in Exhibit B shall prevail.
8. Modification of Restrictions. The Town Council of Town
may from time to time and during the term of this
Contract or any extensions thereof, by amendment to
Contra Costa County Ordinance Code Sections 84-42.202
through 84-42.1402, as adopted by reference by City, add
to those uses listed in said ordinance; provided that
such additional uses shall be limited to commercial
agricultural pursuits and compatible uses; and said
Council shall not eliminate without written consent of
the Owner or his successors or assigns, a compatible use
during the term of this Contract or any renewals thereof.
9. Term and Renewal. This Contract shall be effective
commencing on the last day of February, 198~ , and shall
remain in effect for a period of ten (10) years
therefrom.
This Contract shall be automatically renewed and its
terms extended for a period of one (1) year on the last
Z
day of February of each succeeding year during the term
hereof, unless notice of non-renewal is given by Owner
in the manner provided by Section 51245 of the Government
Code, to the end that at all times during the continuance
of this Contract, as from time to time renewed, there
shall be a ten (10) year term of restriction unless
notice of non-renewal is given by Owner. Notwithstanding
Government Code Section 51245, Town shall have no right
to cause the non-renewal of this Contract and no aspect
of this Contract shall be construed as creating such a
right. Under no circumstances shall a notice of renewal
be required of either party to effectuate the automatic
renewal of this Contract.
10. Cancellation. Except as provided in Section 11, the
provisions of this Contract whereby Owner agrees to
restrict the use of the land described in Paragraph 2 may
be cancelled as to all or a portion of said land only in
accordance with the terms of Article 5 of the Act
(commencing with Government Code, Section 51280).
Upon cancellation of said portions of this Contract as
the result of an initiative by Owner, Owner shall pay to
the Town Treasurer, as deferred taxes, a cancellation fee
in an amount established by then-existing applicable
State law.
Final cancellation shall be effectuated in accordance
with the provisions of Government Code, Section 51283.3.
11. Cancellation UDon Substitution of New Restrictions. This
Contract may be cancelled by mutual agreement of City and
Owner without payment of deferred taxes or public hearing
if it is replaced by an enforceable restriction
authorized by Article XXVIII of the California
Constitution.
12. Eminent Domain Proceedings. Upon the filing of any
action in eminent domain for the condemnation of the fee
title of the land or any portion thereof subject to this
Contract or upon acquisition of such land in lieu of
eminent domain by a public agency for a public
improvement, the provisions of this Contract by which
Owner agrees to restrict the use of land described herein
shall be null and void as to the land so condemned or
acquired.
If, subsequent to the filing of an action in eminent
domain, the proposed condemnation is abandoned as to all
or a portion of the land subject to the Contract, the
restrictions on land use set forth in this Contract
shall, without further agreement of the parties herein,
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be reinstituted and the terms of this Contract shall be
in full force and effect.
13. Remedies for Breach of Contract. In the event that Owner
fails to comply with the terms and conditions of this
Contract, Town shall have all remedies available to it
at law or equity.
14. Effect of Division of Property. Owner agrees that in the
event of division of the property described in Exhibit
A into two (2) or more parcels, whether by sale, gift,
by operation of law or by any other means, and in the
event such is followed by a change of use of the premises
to other than uses permitted under this Contract, Town
may construe such division and change of use, upon a
finding by the Town Council that said division and change
of use is detrimental to the ultimate preservation of
said property for exclusive agricultural use, be
construed by the Town as notice of non-renewal by the
property owner as provided in Section 9 of this Contract.
15. Effect of Contract UDon Division. In the event the land
under this Contract is divided, the division shall not
affect the obligations of the heirs, successors and
assigns of Owner as established in Section 16.
16. Contract to Run With Land. The within Contract shall run
with the land described herein, and, upon division, to
all parcels created therefrom, and shall be binding upon
the heirs, successors, and assigns of the Owner. In
addition, upon division of said property, owner shall
notify the new owner, in writing, of the existence and
terms of said contract.
17. Consideration. Owner shall not receive any payment from
Town in consideration of the obligations imposed
hereunder, it being recognized and agreed that the
consideration for the execution of the within Contract
is the substantial public benefit to be derived therefrom
and the advantage which will accrue to Owner as a result
of the effect on the method of determining the assessed
value of land described herein and any reduction therein
due to the imposition of the limitations on its use
contained herein.
18. Income andExpense Information. The Owner shall annually
furnish the County Assessor with such information as he
may require to enable him to determine the valuation of
the Owner's land.
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19. Costs of Litiaation. In case Town shall, without any
fault on its part, be made a party to any litigation
commenced by or against Owner relating to the subject of
this Contract, and attorney's fees are incurred by or
imposed upon Town by or in connection with such
litigation, Owner shall and will pay all costs and
reasonable attorney's fees which may be incurred or paid
by Town in enforcing the covenants and agreements of this
Contract.
20. Recordation of Contract. Notwithstanding Revenue and
Taxation Code Section 51248, Town shall record a copy of
this Contract with the Contra Costa County Recorder's
Office within three (3) days of the date of Town's
execution of this Contract, but in no event later than
February 28, 1989.
The parties hereto have executed this Contract the day
and year first above written.
TOWN OF DANVILLE
STATE OF CALIFORNIA )
) SS.
COUNTY OF CONTRA COSTA )
On this ~ day of February, 1989, before me, DONNA JACKSON , the
undersigned Notary Public, personally appeared SUSANNA SCHLENDORF,
personally known to me or proved on the basis of satisfactory
evidence to be the person who executed this instrument as
MAYOR of the TOWN OF DANVILLE and acknowledged to me
that the TOWN OF DANVILLE executed it.
WITNESS my hand and offlcial sea1. ._~_~ ~
t z'ii~ DONNA dACK80N
N0ta~ Pubm~-C~mfomla NOTARY PUBLIC IN AND' FOR COUNTY AND STATE
CONTRA OOSTA OOUNTY
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My Ccmm. Exp. 8ep. 7, 1990
STATE OF CALIFORNIA )
) ss.
COUNTY OF CONTRA COSTA )
On this /~$k day of February: 1989, before me, [a~,~c- ~..~&~ ,
the undersigned Notary Publlcv personally appeared ARMAND BOR~L,
personally known to me or proved on the basis of satisfactory
evidence to be the person whose name is subscribed to the within
instrument, and acknowledged that he executed it.
WITNESS my hand and official seal.
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:1"'*'('~.~.~ LAWRENCE R. SHEPP ',
, j &~/ NOTARY PUBLIC-CALIFO,NIA ,
,i I~"~':~;'~' ALAMEDA COUNTY D
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,LI[GAL/'* SCR I PT I ON ~'
Danvllle~'County o£ Contra OreseA, seAts o£.
CelL~oruia, described.is follower.. ..... "J "'
· *0, .~.J · ol['~tJ e6o*e~., * ' o~
Betng'·XX'o'f 'thelLan'dm'o£'.:the Zst;,'t~e"o'f 5ofieph'J('.' ·
BoraX.me descrtbod An :the. instrument remmrdod An ~"
Book 11283 st IMage 918, Official ~e0ords o£ Contra
Costa County,"'more' part~?ularly described a,..;....
,.., .:-. :..... ......- ....·
We*' e' *e · ·~t,.~'**
00 .. e
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. . .Pt'. ~.;, - . .....~ .., .~ .... .
· e maid,lot As shown on the map 0% Subdivision' v-'- .
3537 ·s filed An Book 118 o£ Haps ·t page 38, .:.
0f f/sial records '0f. Contra 00Ka'C0unty, said.'.
point being 'on the general easterly line o~ the .".
lands of the ~outra Soots County Flood SentreX .and.
¥atez"Oo~servatton Ms~.lriotl'., ·s aleberthed An the '~.:
Ano~n~ recorded An Book $5~7, ,o£fA~taX ,;..-..- .'
l~ocords, :ii!~ IMage 321,'.~ntra' '~sta county ~eoordsl
thence masterly along the general southerly line ..
o£ laid Subdivision 3537, .M ST' 33:888 B 442.94 'L
feet~ ~henee leaving the general louthotly line oe
s d ision ess?,,. :,6, 'Os. z x4s2. l .'.,.
test is · ~oint on the general no'rtheriy line oE ',
FOesGrid Ways thenc~ bouthwesterly ·long ~he .. -'
general northerly line of Fostor£& U&y, B 63' S3'.':'
:IXu IK 556.71 feet to ~be'general easterly line o£'
'the /ands o£ Golden S~ate - Almare me described in
~ho Augtruant recorded An Book 9886, Official
'~ecorde, at page 164, Contra Costa county ~ecords~
thence northeasterly ·long ~he general easterly
line of laid lands o£ Golden State - Almars H 25'
56' s7" w.sae.23 feet es She general eaeteriy'l-A-ne
oE.said land. of con~ra COs~ County Flood Control
and water conservation District, laid ~point being
on a curve essoave to the vest having a radius 0£
26S.e2 feet and to ~hich point e radial line bears
B 84' 17' 35" B! f.~enc~o mor~berly 131.85 feet .'
along laid ~urve and laid leastmrl line .:
a genera zy axn
through_ ·oentral angle of2a* 3ib' 14#j ~enc. I H '
220 47' 49" W 468.14 feet to the beginning of ·
curve ,OhOaVe es the northeast having · radius of
93e.e9 'feetr thence northerly 120.27 .feet ·long '"
oa~d serve and said general ®asterly line through
· sentfaX angle of 70 $7',49"1 thence If 140 SS' ..
Be" V 335.59 feet to t~...e I~nt of beginning,. '"-
EXCEPTING therefrom that portion of the above-described real
property consisting of three parcels of real property which
are described in the following instruments of conveyance:
PARCFL A - l~strument of conveyance from Amend Borel to
1own of Danville, a municipal corporation, recorded In
Book i4391 at page 74 Official Records of Contra Costa
County on Oune 14, lg88 as to a .272 acre parcel, more
or less.
EXHIBIT A
PARCEL B - Instrument of conveyance from Armand Betel to
Town of Danville, a municipal corporation, recorded In Book
14391 at page 02 Official Records of Contra Costa County on
June 14, 1088 as to a .170 aore parcel, more or less.
PARCEL C - Instrument of conveyance from Armand Borel to
Town of DanviUe, a municipal 0orporatlon, teeordeal In Book
14391 at page 78 Official Records of Contra Costa County on
,Tune 14, 1988 as to a ,544 acre pareel, more or less.
Containing 17.S34 aores, more or less.
KXHI~T A
Additional A~?ioultural or Compatible Uses
Use of a portion of the progerty as an apiary pursuant to Contra Costa County
Ordinance Code Section S4-42.402(1).
BXHI~TB
RESOLUTION NO. 17-89
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF DANVILLE APPROVING
A LAND CONSERVATION CONTRACT WITH ARMAND BOREL PERTAINING TO AN
APPROXIMATELY 17.2 ACRE SITE LOCATED ON THE NORTH SIDE OF FOSTORIA
WAY, EAST OF INTERSTATE 680 (APN: 218-090-014) PURSUANT TO THE
CALIFORNIA LAND CONSERVATION ACT, GOVERNMENT CODE SECTION 51200,
ET SEQ.
WHEREAS, Armand Borel, on behalf of himself, has filed the
following applications: 1) agricultural preserve request (APR 88-
1) to enter into a land conservation contract with the Town, 2)
rezoning request to rezone a parcel from P-l; Planned Unit
Development District to A-4; Agricultural Preserve District, and
3) variance request (VAR 88-46) to reduce the minimum agricultural
preserve size, minimum parcel size, and minimum side yard; and
WHEREAS, on January 23, 1989, the Danville Planning Commission
at a duly noticed public hearing considered the applications: and
WHEREAS, the Staff Report was submitted recommending that the
Planning Commission recommend that the Town Council approve the
applications; and
WHEREAS, the Planning Commission did hear and consider all
said reports, recommendations and testimony as herein set forth;
and
WHEREAS, at the above-noted hearing the Planning Commission
determined conformity with the California Land Conservation Act,
local ordinances, and the General Plan
WHEREAS, the Planning Commission recommended that Town Council
approve the application with conditions; and
WHEREAS, the application has been reviewed in accordance with
the provisions of the California Environmental Quality Act and a
Negative Declaration of Environmental Significance has been adopted
for this project, as it will have no significant impact on the
environment; and
WHEREAS, the Danville 2005 General Plan Policy 15.03
encourages the preservation of examples of the agricultural
heritage of the Danville; and
WHEREAS, on February 6, 1989 at a duly noticed public hearing,
tile Town Council reviewed, considered and approved the Planning
Commission's recommendations and determinations and introduced
Ordinance No. 89-3 rezoning the subject property to the A-4;
Agricultural Preserve District; and
WHEREAS, at the above-noted hearing the Town Council
considered a draft form of the Land Conservation Contract;
NOW, THEREFORE, BE IT RESOLVED THAT pursuant to the rezoning of the
above-referenced property, the Town Council of the Town of Danville
authorizes entering into an agreement with Armand Borel as set
forth in the Land Conservation Contract attached hereto and
incorporated herein by this reference and authorizes the Mayor to
execute same on behalf of the Town of Danville. Said contract is
to take effect upon the last day of February, 1989.
PASSED, APPROVED AND ADOPTED this 6th day of February, 1989 by the
following vote:
AYES: GREENBERG, JAGGER, LANE, RITCHEY, SCHLENDORF
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
MAYOR
ATTEST
CITY CLE~RR
A PPROVE~A~FO--RM .
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