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agricultural resources remain vital. The proposed one (1+/-) acre cancellation if for an existing residence, driveway and swimming pool and not for any of the existing agricultural or cultivated areas. Therefore, agritourism will be supported and promoted and the existing agricultural land and resources will remain vital. This sub-finding cannot be made because the cancellation is a private interest, not a public interest. The applicant does not state how cancellation is in the public interest. The Board of Supervisors approved the current Williamson Act Contract in 2005. The winery ordinance was approved in 2001. No policy changes regarding wineries or tourism have occurred since approval of the current contract. Sub-Finding 22 There is no proximate noncontracted land which is both available and suitable for the use to which it is proposed the contracted land be put, or development of the contracted land would provide more contiguous patterns of urban development than development of proximate noncontracted land. This Sub-finding can be made because there must be an existing residence for a bed and breakfast inn to be approved. There is no non-contracted land in the vicinity that contains a suitable existing residence that is for sale.The existing residence is a 9,998 square foot estate with at least five bedrooms that overlooks the Mokelumne River. It is also adjacent to a winery that has been approved for up to twenty-four(24) marketing events per year Department of Conservation and Notification Pursuant to Government Code Section 51284.1,the County must submit a notice to the Department of Conservation and consider its comments prior to approving a tentative Williamson Act contract cancellation. The notice must include a copy of the application, a copy of the contract, a description of the land, and a deadline for submitting comments. Such notice was mailed to the Department of Conservation on December 19, 2009. No response has been received as of January 22, 2010. Cancellation Value and Cancellation Fees The County Assessor is responsible for computing a cancellation fee for the subject property based on 12 Y� percent of the current market value. Prior to giving tentative approval to the cancellation of any contract, the Board must certify to the County Auditor the amount of the cancellation. The fee calculation by the County Assessor is provided below. As is Current Market Value $1,575,250 12.5% Cancellation Rate X 0.125 Cancellation Fee $ 196,906 The fee calculation is valid until January 19, 2011. Cancellation Recommendation and Actions The Planning Commission will make a recommendation for approving or denying the request for cancellation. That recommendation will be forwarded to the Board of Supervisors. The Board of Supervisors will either deny the request or approve a tentative cancellation with conditions and contingencies. Before the Board can execute a final Certificate of Cancellation,the landowner must pay the cancellation fee and satisfy any additional conditions and or contingencies imposed by the Board. San Joaquin County PA-0900263, PA-09002641Raverty Community Development Page 5