SU0013353 - Laserfiche WebLink

Home Browse Search

KLEINFELD S. HEISER A'.TORNEYS AT �AVV December 3 , 1987 San Joaquin County Planning Division Page 2 When the subject parcel was part of an 86+ acre tract of agricultural land lying miles away from urban development, and especially before the passage of Proposition 13 , other public concerns probably did not substantially outweigh the objectives of the Act as they applied to the subject parcel . But times have changed. Proposition 13 now provides relief from the property tax burden . The once large 86+ acre tract of land, capable of producing a substantial. food supply , has been reduced to a mere 18+ acres, hardly enough ground to be worth farming . ( It should be noted that the other 68+ acres , most of which are within the Stockton City limits , were purchased in December 1.985 by the Stockton Auto Center who is in the process of obtaining the necessary governmental. approvals to develop the same as its second phase . Assuming such approvals are forthcoming, those 68+ acres will necess- arily be removed from the Act' s contractual restrictions . ) And, urban development, once miles away , is now literally on the doorstep of the subject parcel , with phase 1 of the Stockton Auto Center in place and phase 2 in process . In November 1986 , the peopl.e of Stockton overwhelm- ingly passed a ballot initiative (Measure E ) which restored the subject parcel along with the property owned by the Stockton Auto Center to the City of Stockton General Plan and the authority of the Planning Commission and City Council to facilitate development . The measure was referred to as the Stockton Auto Center and the vote thereon was a clear statement that the local public strongly favored development of this property, and, in particular, as an auto center . If nothing else, and certainly based on a literal reading of the finding required by the Act, this should be a distinct indication that the cancellation of the subject contract is in the public interest because the public itself (albeit Local ) , by its vote, has determined that its other concerns at this time substantially outweigh the objectives of the Act . In support of the second finding set forth above, applicant submits the following: Section 51282 (c ) of the Government Code defines "proximate, noncontracted land" as land "not restricted by -4-