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CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVE., STE. 250
RIVERSIDE, CA 92501
(951) 826-5567
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIVERSIDE, CALIFORNIA, APPROVING THE CANCELLATION OF A
WILLIAMSON ACT LAND CONSERVATION CONTRACT TO
FACILITATE THE FUTURE CONSTRUCTION OF A SINGLE -FAMILY
RESIDENCE LOCATED AT THE NORTHEAST CORNER OF LURIN
AVENUE AND OBSIDIAN DRIVE, RIVERSIDE, CALIFORNIA,
WHEREAS, the City of Riverside received an application from Huy Pham (“Applicant”) for the Nonrenewal/Cancellation of a Williamson Act Land Conversation contract on an approximately
0.91-acre parcel of property, bounded by Lurin Avenue on the south and Woodcrest Lane on the north and is generally situated on the northeast corner of the intersection of Lurin Avenue and Obsidian Drive , Riverside, California, identified as Assessor’s Parcel Number 266- 090-021 (“Property”) as more particularly described and depicted in Exhibit “A” attached hereto and incorporated herein by reference; and
WHEREAS, the Property lies within the Woodcrest Agricultural Preserve No. 3 (“Preserve”); and
WHEREAS, the Property is subject to a Land Conservation Contract recorded on February 27, 1970, as instrument number 19065 (“Contract”); and
WHEREAS, the Applicant became the owner of the Property recorded on September 28, 2021, as instruction number 2021-0576942; and
WHEREAS, the Orangecrest Specific Plan provides that once there are cancellations of Williamson Act contracts and the Preserve is diminished, the Preserve can be terminated; and WHEREAS, the City of Riverside also received an application from the Applicant for an alternative land use on the Property to facilitative the future construction of a single-family residence and an Accessory Dwelling Unit (“Project”); and
WHEREAS, the Property is currently Zoned as RA -SP Residential Agricultural and Specific Plan (Orangecrest) Overlay Zones and has a General Plan Land Use Designation as LDR -Low Density Residential; and
WHEREAS, upon the cancellation of the Contract the Property will revert to the R -1-13000 zone; and
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVE., STE. 250
RIVERSIDE, CA 92501
(951) 826-5567
WHEREAS, a Notice of Nonrenewal of the Contract was served on the City in accordance with Government Code Section 51245 and was recorded on March 1, 2024, as instrument number 2024-0057611; and
WHEREAS, Government Code Section 51282 permits a landowner to petition the City Council to cancel a land conservation contract; and
WHEREAS, pursuant to Government Code Section 51282, the City Council can grant tentative approval for the cancellation of a land conservation contract if the City Council is able to make specific findings; and
WHEREAS, the following facts warrant findings justifying the cancellation of the Contract:
Finding 1: A Notice of Nonrenewal of the Contract was served on the City and was recorded on March 1, 2024, as instrument number 2024-00557611 for the cancellation.
Finding 2: The cancellation will not result in the removal of adjacent lands from agricultural use as the subject site is surrounded by single -family residences to the north, east, and west and single-family residences and city owned property (Parks and Recreation) to the south.
Finding 3: The cancellation will facilitate an alternate use of single -family residential which is consistent with the provisions of the Low Density Residential General Plan Land Use designation.
Finding 4: The cancellation will not result in discontinuation patterns of urban development as it is surrounded by single-family residences.
Finding 5: There is no proximate noncontracted land which is both available and suitable for 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. The subject site is the last parcel of the last of the original 10- acre Williamson Act Contract. It is surrounded by residential development and cancellation of the contract would facilitate the development of a single -family residence which provides for a more compatible land use pattern.
WHEREAS, the City believes that the statutory obligations for the cancellation of the Contract is consistent with the purposes of the Williamson Act; and WHEREAS, the County of Riverside Office of the Assessor has determined that the
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVE., STE. 250
RIVERSIDE, CA 92501
(951) 826-5567
cancellation value of the Property is Two Hundred Seventy- Five Thousand Dollars ( $275,000) and pursuant to Government Code Section 51283, the fee for cancellation shall be 12 ½ percent of the cancellation value; and
WHEREAS, the 12 ½ percent fee is Thirty-Four Thousand Three Hundred Seventy- Five Dollars ($34,375); and
WHEREAS, on September 9, 2024, the Land Use Committee unanimously approved the Community & Economic Development Department’s recommendation that the City Council adopt a resolution to cancel a Williamson Act Land Conservation Contract; and.
WHEREAS, a duly notice public hearing was held on October 22, 2024, concerning the application for tentative cancellation of the Contract and the Preserve regarding the Property, at which time all interested persons were given full opportunity to be heard and to present evidence.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Riverside, California, as follows:
Section 1: The above recitals are incorporated herein as if set forth in full.
Section 2 : T he Project and the cancellation of the Contract and the Preserve are hereby adopted.
S
ection 3 : The City Council finds and determines that the cancellation of the Contract in regard to the Property is consistent with the Purposes of the Williamson Act and is in the public interest. The City Council makes the following findings in support of the cancellation:
Finding 1: A Notice of Nonrenewal was served on the City and was recorded on March 1, 2024, as instrument number 2024-00557611 for the cancellation.
Finding 2: The cancellation will not result in the removal of adjacent lands from agricultural use as the subject site is surrounded by single -family residences to the north, east, and west and single-family residences and city owned property (Parks and Recreation) to the south.
Finding 3: The cancellation will facilitate an alternate use of single -family residential which is consistent with the provisions of the Low Density Residential General Plan Land Use designation.
Finding 4: The cancellation will not result in discontinuation patterns of urban development as it is surrounded by single-family residences.
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVE., STE. 250
RIVERSIDE, CA 92501
(951) 826-5567
Finding 5: There is no proximate noncontracted land which is both available and suitable for 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. The subject site is the last parcel of the last of the original 10- acre Williamson Act Contract. It is surrounded by residential development and cancellation of the contract would facilitate the development of a single -family residence which provides for a more compatible land use pattern.
Section 4: The City Council hereby determines and certifies the amount of the cancellation fee the Applicant shall pay the Riverside County Treasurer is Thirty-Four Thousand Three Hundred Seventy-Five Dollars ($34,375), which is 12 ½ percent of the total cancellation value as determined by the County of Riverside Office of the Assessor.
S
ection 5 : The City Council hereby tentatively approves the cancellation of the Contrac t.
The cancellation of the Contract shall be contingent upon the following conditions being satisfied:
1. The cancellation fee of Thirty-Four Thousand Three Hundred Seventy- Five Dollars ( $34,375), as herein certified by the City, shall be paid in full prior to the issuance of building permits. If the fee is not paid within one year from the date of the recording of the certificate of tentative cancellation, such fee shall be recomputed pursuant to Government Code Section 51283.4.
2. The Applicant shall obtain final approval of the Project.
Section 6: The City Clerk shall certify and transmit to the County Recorder a certificate of tentative cancellation.
S ection 7 : Within 30 days of this determination, the City Clerk shall publish a copy of this Resolution in the Press Enterprise as a display advertisement of at least one-eighth page. A copy of the published notice shall be delivered to the Director of Conservation by Community & Economic Development Department staff.
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVE., STE. 250
RIVERSIDE, CA 92501
(951) 826-5567
ADOPTED by the City Council this _____ day of ___________________, 2024.
_____________________________________
PATRICIA LOCK DAWSON
Mayor of the City of Riverside
Attest:
_____________________________
DONESIA GAUSE
City Clerk of the City of Riverside
I, Donesia Gause, City Clerk of the City of Riverside, California, hereby certify that the foregoing resolution was duly and regularly adopted at a meeting of the City Council of the City of Riverside, at its meeting held on the ______ day of _________________, 2024, by the following vote, to wit:
Ayes:
Noes:
Absent:
Abstain:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Riverside, California, this ________ day of ______________, 2024.
__________________________________
DONESIA GAUSE
City Clerk of the City of Riverside
CA 24-1299 09/13/24
EXHIBIT "A"
LEGAL DESCRIPTION
Project: Ag Preserve/Williamson Act Cancellation
APN: 266-090-021
The land referred to herein is situated in the State of CALIFORNIA, County of RIVERSIDE, and described as follows:
THE WEST 100 FEET OF THE SOUTH 396 FEET OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 3 SOUTH, RANGE 4 WEST, SAN
BERNARDINO BASE AND MERIDIAN AS SHOWN BY UNITED STATES GOVERNMENT
SURVEY,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER;
THENCE SOUTH 0°21' EAST, ALONG THE EAST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, A DISTANCE OF 660.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 89°26'45" WEST, AND PARALLEL WITH THE NORTH LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER A DISTANCE OF 1323.01 FEET
TO A POINT ON THE WEST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST
QUARTER,
DISTANT THEREON SOUTH 0°18'53" EAST, 650.00 FEET FROM THE NORTHWEST CORNER THEREOF;
THENCE SOUTH 0°18'53" EAST, ALONG SAID WEST LINE, A DISTANCE OF 665.86 FEET
TO THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHEAST
QUARTER,
THENCE NORTH 39°24'40" EAST, ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE SOUTH EAST QUARTER, A DISTANCE OF 1027.42 FEET TO A POINT, DISTANT THEREON SOUTH 69°24'40" WEST, 296.00 FEET FROM THE SOUTHEAST
CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, A DISTANCE OF 396.00 FEET;
THENCE NORTH 89°24'40" EAST, AND PARALLEL WITH SAID SOUTH LINE, A DISTANCE OF 296.00 FEET TO A POINT ON SAID EAST LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER;
THENCE NORTH 0°21' WEST, ALONG SAID EAST LINE, A DISTANCE OF 269.05 FEET TO THE TRUE POINT OF BEGINNING.
P.O.C.
N.E.1/4.
N.E.1/4,
S.E.1.4
E. LINE N.E. 1 / 4, S.E. 1 / 4
S89'26'45"W 1323.01'
N 9'2 '40 'E 6. 0'
'----- .W.OODCRESTLN _
100' -
N00"21 '00 'W 396. 00'
N.E.1/4 , S.E. 1/4,
SEC. 30, T.3S.,
R.4. W. S.B.M. CL WOOD ROAD I
L CL LUR: AVENUE
Describes the
Ag Preserve
•---- Williamson Act
Cancellation
• CITY OF RIVERSIDE, CALIFORNIA •
THIS PLAT JS SOLELY AN AID IN LOCATING THE PARCEL($) DESCRIBED IN THE ATTACHED DOCUMENT. IT IS NOT A PART OF THE WRITTEN DESCRIPTION THEREIN. SHEET1 OF1 SCALE: 1' = 200' ORA WN BY: kj DA TE: 7/11/24 SUBJECT.· Ag Preserve Williamson Act Cancellation