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Analysis Background • Residence remodeled in 2004 to present size of 9,998 square feet • Lot Line Adjustment application in 2005 to its present configuration • Re-entered into new Williamson Act Contract in 2005 • Use Permit PA-0800266 for off-site wine cellar with up to 24 marketing events per year for up to 150 people approved by Planning Commission on December 4, 2008 • A Revisions of Approved Actions application to increase the number of people per marketing event from 150 to 370 people and to change the hours of operation submitted on March 24,2009 • Site Approval application PA-0900200 for a small winery approved by Community Development Department on August 27, 2009 • Williamson Act Notice of Non-renewal application for a 1.2-acre portion of the contract, a Williamson Act Contract Cancellation application, and a Site Approval Application to convert the existing residence into a bed and breakfast inn submitted on October 23, 2009 Williamson Act Cancellation The Williamson Act program, also known as the California Land Conservation Act, was established in 1965 and is a contract between a private landowner and the County that enforceably restricts land to agricultural uses or open space. By landowners participating in the program, parcels are assessed for property tax purposes at a rate consistent with their actual use, rather than their potential market value. The minimum term for a contact is 10 years and the contract automatically renews itself each year unless a "Notice of Nonrenewal" is filed which tentatively begins the termination process. The County's participation in the Williamson Act program dates back to 1969. As of September, 2009, the County had 541,818.84 acres under Williamson Act Contracts. Prior to giving approval to any Contract Cancellation request,the Board must make one of two sets of Findings. Either the cancellation is (a) consistent with the purposes of the Williamson Act or(b)the cancellation is in the public interest.The applicant submitted findings for both (a) and (b). The Community Development Department agrees with the applicant's findings for consistency with the Act for(a).There are five sub-findings that must be met for Finding (a). The Community Development Department could not make the sub-findings for(b). Finding (a) Consistency With Act Sub-Finding 1 The cancellation is for land on which a Notice of Nonrenewal has been served pursuant to Section 51245 of the Government Code; This sub-finding can be made because the applicant filed a Notice of NonWRenewal on October 23, 2009. The application was approved on October 23, 2009. Sub-Finding 2 The cancellation is not likely to result in the removal of adjacent lands from agricultural use; This sub-finding can be made because no area would be taken out of agriculture. The 1.2-acre project area contains a residence, swimming pool,and driveway. No other land would be needed San Joaquin County PA-0900263, PA-09002641Raverty Community Development Page 3