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Mr. John Funderburg <br /> y <br /> December 14, 2006 <br /> Page 2 of 2 <br /> is no proximate noncontracted land which is-available and suitable for the use <br /> proposed-on the contracted land or that development of the contracted land would <br /> provide more contiguous patterns of urban development than development of. <br /> proximate noncontracted land. <br /> The Department concurs that the required five consistency findings may be met. <br /> A notice of nonrenewal for the 4.5-acre portion of Contract No. 73-C1-12 was filed on <br /> February 16, 2006. The cancellation proposes.no new development or change in <br /> existing land uses. The cancellation of 4.5 acres will not affect the agricultural viability <br /> of adjacent agricultural lands nor result in a parcel that does not meet the minimum size <br /> requirements of the Williamson Act. <br /> Nonrenewal <br /> As a general rule, land can be withdrawn from Williamson Act contract through the nine- <br /> year nonrenewal process. The Supreme Court has opined that cancellation is reserved <br /> for extraordinary situations (Sierra Club v. City of Hayward (1981), 28 Cal.3d 840). <br /> Provided that the information presented is complete and accurate, it appears that the <br /> Board has an adequate basis to support the finding required to cancel the proposed <br /> parcel of contracted land. <br /> Lastly, legislation effective January 1, 2005, requires the county assessor to send notice <br /> to the Department and landowner of the current fair market value of the land and of the <br /> opportunity to request a.formal review from the assessor prior to any action giving <br /> tentative approval to the cancellation of any contract. (SB 1820, Machado, Chapter 794, <br /> Statutes of 2004 (Section 51283(a)). <br /> Thank you for the opportunity to provide comments on the proposed cancellation. <br /> Please provide our office with a copy of the Notice of the Public Hearing on this matter <br /> ten (10)working days before the hearing and a copy of the published notice of the <br /> Board's decision within 30 days of the tentative cancellation pursuant to section 51284. <br /> If you have any questions concerning our comments, please contact Adele <br /> Lagomarsino, Program Analyst at (916) 445-9411 . <br /> Sincerely, <br /> r <br /> �r <br /> Dennis J. O'Bryant <br /> Program Manager <br />