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JUL-06-1993 16:2e FROM LAND CONSERVATION SAC TO 912094683163 P.06 Mr. William Sousa July 6, 1993 Page 6 (Oro M-d a Unified School District v Anaador Count Board of Education (1970) 8 Cal.App.3d 408) . The purposes of the Williamson Act require that "proximate" not be construed to unreasonably limit the search for suitable, noncontracted land. It appears that a reasonable search, within the parameters identified by the Courts, would identify noncontracted land anywhere within the project's market area which could accommodate this development. The Proponent's arguments to support the second part of this subfinding, that the cancellation is unlikely to result in the removal of adjacent lands from agricultural use, are weak. The fact that the subject property is heavily forested in part and not developed as irrigated agricultural land has no relevance to the issue of the precedent-setting nature of the cancellation of a contract on land surrounded by agricultural operations. Also, as pointed out by the State Lands Commission, portions of the project site are subject to sovereign and public trust claims, which could possibly limit further removal of wildlife habitat in the area. Also, the argument that residences will be over 100 yards and 300 yards from irrigated pasture and vineyards does not alter the fact that increased human habitation in the area will introduce noise, domestic animals, traffic and air pollution. It can also be expected that owners of single family homes in an agricultural area may object to the noise, odors, dust, chemicals and hours of operation that accompany agricultural operations. Such conflicts could lead to cessation of agricultural operations and removal of land from agricultural use when farmers cannot continue agricultural operations without being impacted by the increased population nearby. Therefore, we conclude that this subfinding cannot be made. cANCELLILTION BASED ON AN OVERRIDING PUBLIC INTEREST The proponents also propose documentation to meet the finding that the contracts can be canceled in the "public interest". The Act requires that cancellation in the public interest is supported only if the findings are made that other public concerns substantially outweigh the objectives of this chapter, AND that: a) there is no proximate, noncontracted land which is both available and suitable for the purpose proposed for contracted land, OR b) development of the contracted land would provide more contiguous patterns of urban development than development of proximate noncontracted land. Substantial evidence should be presented to support a conclusion that the development of a private residential community, with a private golf course and equestrian center,