94-258 RESOLUTION NO. 94R-258
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM APPROVING THE TENTATIVE
CANCELLATION OF THE AGRICULTURAL PRESERVE
CONTRACT FOR THE PROPERTY COMMONLY KNOWN AS
1501 AND 1551 SOUTH DOUGLASS ROAD, ANAHEIM,
CALIFORNIA, PURSUANT TO GOVERNMENT CODE
SECTION 51282; MAKING CERTAIN FINDINGS
RELATING THERETO; AND IMPOSING CERTAIN
CONDITIONS THEREON.
WHEREAS, Herbert P. Douglass, individually, Herbert P.
Douglass and Eleanor C. Douglass, Co-Trustees, under Declaration
of Trust, dated May 26, 1988, and Theodore R. Douglass, Trustee
of the Douglass Trust, dated July 29, 1993 (herein collectively
referred to as the "Landowners") are the owners of that certain
real property located at 1501 and 1551 S. Douglass Road, Anaheim,
California 92806 (hereinafter the "Property"), said Property
being more particularly described in Exhibit "A" attached hereto
and made a part hereof by this reference; and
WHEREAS, on February 26, 1969, the Landowners, or their
predecessors in interest, entered into a contract (hereinafter
the "Contract") pursuant to the California Land Conservation Act
of 1965 as set forth in Chapter 7 of Part 1 of Division 1 of
Title 5 (commencing with Section 51200) of the Government Code of
the State of California (hereinafter the "Williamson Act"),
covering the Property; and
WHEREAS, the Contract was approved by action of the
Board of Supervisors of Orange County, California, and recorded
with the County Recorder on February 28, 1969, in Book 8888, Page
953 of Official Records, said action thereby establishing the
"Douglass-Sunkist Agricultural Preserve"; and
WHEREAS, the Contract was amended by the Board of
Supervisors of Orange County, California, by further resolution
dated July 12, 1978, and recorded on October 24, 1979, in Book
13367, Page 153 of the official Records. The Property was
thereafter annexed to the City of Anaheim in or about 1982, with
the city of Anaheim being thereby substituted in place of the
County of Orange as a party to the Contract. At such time as the
Property was annexed into the city of Anaheim, the city of
Anaheim did not cancel the Contract; and
WHEREAS, in September, 1993, pursuant to the provisions
of the California Environmental Quality Act, the City Council
approved a Mitigated Negative Declaration and adopted Mitigation
Plan No. 71 (hereinafter collectively referred to as the "MND")
in connection with the Anaheim Arena Area Public Parking
Facilities and certain street improvements; and
WHEREAS, the previously approved MND evaluates and
considers potential development of the Property and the City
Council hereby finds that cancellation of the Contract (the
"Project") is within the scope of the developments previously
evaluated in the MND. The MND is adequate to serve as the
environmental documentation for this Project; and
WHEREAS, the Landowners have leased the Property to
Tejas Partners, Ltd. ("Tejas") and Tejas has heretofore filed an
Application for a Conditional Use Permit with the city of Anaheim
seeking permission to develop and operate a parking lot on the
Property; and
WHEREAS, on July 25, 1994, following a duly noticed
public hearing, the Anaheim Planning Commission approved
Conditional Use Permit No. 3700 by the adoption of its Resolution
No. PC94-97; and
WHEREAS, pursuant to Section 51282 of the Williamson
Act, the Landowners, joined therein by Tejas, filed a Petition
for Cancellation of the Contract with the city Council of the
City of Anaheim (hereinafter the "city Council") July 20, 1994;
and
WHEREAS, in connection with the cancellation of the
Contract, and pursuant to Section 51283(a) of the Williamson Act,
the County Assessor of the County of Orange, California, has
determined the full cash value of the Property and has certified
such value to the City Council in the amount of $3,070,000; and
WHEREAS, pursuant to Section 51283(b) of the Williamson
Act, the City Council has determined and certified to the County
Auditor of the County of Orange, California, the amount of the
cancellation fee which the Landowners shall pay the county
treasurer as deferred taxes upon cancellation (hereinafter the
"Cancellation Fee") to be the sum of $383,750; and
WHEREAS, on November 8, 1994, the city Council held a
duly noticed public hearing in accordance with the requirements
and provisions of Section 51284 of the Williamson Act, and did
receive oral testimony and documentary evidence relating thereto;
and
WHEREAS, based upon the testimony and evidence received
at said public hearing, the City Council hereby finds and
determines as follows:
1. That the City Council has reviewed and considered
the MND and that such MND is adequate to serve as the
environmental documentation for this Project as required by
applicable provisions of the California Environmental Quality
Act.
2
2. That cancellation of the Contract is consistent
with the purposes of the Williamson Act based upon the following
findings by the City Council:
(a) that the cancellation is for land on
which a notice of nonrenewal has been served pursuant
to Section 51245 of the Williamson Act; and
(b) that cancellation is not likely to
result in the removal of adjacent lands from
agricultural use; and
(c) that cancellation is for an alternative
use which is consistent with the applicable provisions
of the city general plan; and
(d) that cancellation will not result in
discontiguous patterns of urban development; and
(e) that 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.
3. That, pursuant to Section 51283 of the Williamson
Act, grounds for the waiver or deferral of the Cancellation Fee
do not exist for the following reasons:
(a) the cancellation is caused by a
voluntary transfer of the leasehold interest in the
Property and a voluntary change of the use which may be
made of the Property; and
(b) the land is immediately suitable, and
will be immediately used, for a purpose which produces
a greater economic return to the Landowners.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, based upon the findings hereinabove set
forth, tentative approval for cancellation of the Contract is
hereby granted pursuant to the provisions of Section 51282 of the
Williamson Act subject to the following conditions of approval:
1. That the Landowners shall make payment in full of
the Cancellation Fee in the sum of $383,750; and, unless the
Cancellation Fee is paid, or a certificate of cancellation of
contract is issued within one year from the date of the recording
of the certificate of tentative cancellation, such Cancellation
Fee shall be recomputed as of the date of notice as described in
subdivision (b) of Section 51283.4 of the Williamson Act; and
2. That no alternative land use shall be made of the
Property prior to issuance of a certificate of cancellation
except for such uses as authorized pursuant to Conditional Use
Permit No. 3700 as approved by Anaheim Planning Commission
Resolution No. PC94-97; and
3. That the Landowners shall obtain all permits
necessary to commence the Project.
BE IT FURTHER RESOLVED that a Certificate of Tentative
Cancellation, and/or such other documents as are required by law
to cancel the Contract, be executed and filed as required by law.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 8th day of November,
1994.
MAYOR OF THE CITY O~JANAHEIM
CITY CLERK OF CI IM
9489.2\JWH~]~E\November 18, 1994 4
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution
No. 94R-258 was Introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 8th day of November, 1994, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 94R-258 on
the 9th day of November, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 9th day of November, 1994.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original
of Resolution No. 94R-258 was duly passed and adopted by the City Council of the City of Anaheim on
November 8, 1994.
CITY CLERK OF THE CITY OF ANAHEIM
.:'~L T~.AT CERTAIN L~n/TD SITUATED IN THE STATE OF ..~,]~LiFORNIA, 'COL~ OF
/'"/~G~' DESCRIBED ~ ~DLLOWS:
~ P~CEL' 1:
LOT 4 ~ ~E ~T 46 FEET OF LOT S OF ~E ~VIS ~, ~ SHO~ ON A
~ RECO~ED IN BOOK 5, PAGE 120 OF ~SCEL~OUS RECO~S OF LOS ~GELES
C9~, ~IFO~.
EXCEPTING FROM S~D LOT 4 ~T PORTION LYING ~TE~Y OF ~ CE~ER
OF ~E 40 FOOT CO~ RO~ SECO~ DES~IB~ IN ~ DE~ FROM B.
DOUGHS ~ O~ TO ~ CO~ OF O~GE, ~CO~ O~BER 7, 1926 IN
BOOK 682, PAGE 109 OF DEEDS.
~SO EXCEPTING ~REFROM ~T PORTION ~ DESCRIB~ IN,~E F~ O~ER OF
COllATION BY ~E STATE OF ~IFO~, A CERTIFIED COPY OF ~ICH W~
~CO~ NO~ER 2, 1964 IN BOOK 728~, PAGE 833 OF OFFIC~ RECO~S.
~SO ~CEPT~G ~P~FROM ~T PORTION ~ DES~ ~ ~ F~ O~ER OF
CO~TION BY ~E CO~ OF O~GE, A CERTIFI~ COPY OF ~ICH
~CO~ED AUGUST 30, 1965 ~ BOOK 7648, PAGE 943 OF OFFIC~ ~CO~S..
~ ~SO' ~CEPTING ~F~OM ~ ~ DES~IB~ ~ ~T CERT~N ~ED
FIN~ O~ER OF.CO~TION, S~ERIOR CO~T ~E NO. 178586, A CERTIFIED
COPY OF ~I~ ~ ~CO~ ~RIL. S, 1972 ~ BOOK 10069, PAGE'290 OF S~D
OFFIC~ ~CO~S.
P~CEL 2:
~GI~G AT A 'PO~ ~ ~ SO "~ LI~ OF ~T Y OF ~ V~ DE G~
~, ~ 'SHO~ ON A ~ ~CO~ ~ BOOK 4, PAGE 440 OF ~SCFL~,~OUS
CO~S OF ~S~GELES CO~,"~IFO~, S~ PO~ BErG 1~43.6 FEET
~T~ OF' ~ PO~ ~ '~ S0~Tn L~ OF S~ LOT 'Y .P~OD~C~ ~ST,
~'rs~E~S ~ ~ST BO~Y 0F ~ ~0 S~ DE S~A ~; ~CE
NOR~ 1012.35 .F~ TO 'i'~ S0u'i~ L~ OF ~ SOuT~ PACIFIC ~0~
~Y 455.9 FEET; ~CE .SO~r~ 1104.25 FEET ~ ~ SOU'I~ L~ 0F ~T Y;
~CE ~ST 447.0 .F~T ~ ~l'aE PO~'0F BEG~G.
~ ~CEPT~G u'~OM ~ ~ED O~-~F ~T~ST ~ ~ ~ ~T
PORTION ~OF 'DES~IB~ ~ FOSLOWS:
BEGI~G AT A PO~ ~ ~ ~T L~ OF ~T ~T~ PROPER~'DES~IB~
~ DE~ ~C0~ ~ 20, 1928 ~ BOOK 169, PAGE 417 OF OFFIC~
REC0~S, ~I~' S~ PO~ OF BEGGING IS ~IST~ S0~i'h, ~ ~ONG
~ S~ ~T L~ 81 FEET FRO~ ~ C-'~ OF ~ SO~ PACIFIC
~ILRO~ ~ R~G ~CE FROM SA~ PO~ OF BEG~G SOUT~ ~ONG
S~D ~T LI~ 25 ~ET;..%~NCE AT RIG~.~GLES ~T 20 FEET; ~ENCE AT
~G~ ~GLES NOR~ 25 FEET.; ~CE AT RIG~ ~G~S ~ST 20 FEET'TO
POI~ OF BEGI~G..
~SO EXCEPT~G ~OM ~T PORTION ~ DESCRIB~ IN ~ F~ O~ER OF
COllATION BY ~ STATE OF ~IFO~, A CERTIFIED COPY OF ~I~ W~
~CO~ED NO~ER 2, 1964 IN BOOK 7285, 'PAGE 833 OF OPFIC~ ~CO~S.
~[gO EXCEPTING ~EREFROM ~E ~ DESCRIBED IN' ~T CERT~N ~ED
~)~ O~ER OF COllATION, SUPERIOR CO~T ~E NO. 178586, A CERTIFIED
COPY OF ~ICH W~ KECO~ED ~RIL 5, 1972 iN BOOK !~069, PAGE 290 OF SAID
OFFiCI~ ~CO~S.
EXHIBIT "A"