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Mr. John Funderburg January 15, 2008 Page 4 of 5 Moreover, the pa ramount 'interest. involved':is the preservation of'Iand h'cigficultural- . production. In providing for cancellation the Lb97 islature has-recd'nizea'the"relevance of other interests, such as housing, needed services, environmental protection through developed uses, economic growth and employment. However, it must be shown that opera space objectives, explicitly and unequivocally protected by the act, "are substantially outweighed by other public concerns before the cancellation can be deemed 'in the public interest."' Sierra Club, 28 Cal.3d at 857. Based on information provided, this proposed cancellation appears to be primarily in the interest of the landowner. It is not conclusively demonstrated that this cancellation outweighs the concerns of preserving open space land and protecting the environment. The Department recorrmmend`s'that ariy additional information in support of the public interest rationale be added to the record. Nonrenewal As a general rule, land should be withdrawn from Williamson Act contract through the nine-year nonrenewal process. The California, Supreme Court reiterated that cancellation is allowed "only in the most extraordinary circumstances." Sierra Club, 28 Cal.3d at 853. To pass constitutional muster, a restriction must be enforceable in the face of imminent urban development, and may not be terminable merely because such development is desirable or profitable to the landowner. Lewis v. City of Hayward, 177 Cal. App.3d 103, 113 (1986). Providing contracting landowners an expectation that they can retain tax benefits from participation in the Williamson Act until development to urban uses is imminent, and an expectation that immediate contract termination would then be available; is inconsistent with the clearly articulated finding of the Court in Lewis. Based on the information provided to date, it is the Department's conclusion that the petition lacks substantial supporting evidence to permit the Board -to.reasonably find that it can cancel the contract based upon required findings. Further, nonrenewal of remainder parcel may be necessary due to potential conflict with minimum parcel size requirements after homesite cancellation. Thank you for the opportunity to provide comments on the proposed cancellation. Please provide our office with a copy of the Notice of the Public Hearing on this matter ten (10) working days before the hearing and a copy of the published notice.of the Board's decision within 30 days of the tentative cancellation pursuant to Government Code section 51284. Additionally, we request a copy of the Board's findings pursuant to Government Code section 51282.