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Mr. Sullivan <br /> Page 3 <br /> from the airborne application of various herbicides and fumigants <br /> from adjacent agricultural operations that may be toxic. " This <br /> is exactly the type of human population/agriculture conflict that <br /> Section 51220.5 was intended to prevent. This additionally <br /> indicates that the residential development is not compatible. <br /> The NOP states that the golf course may be proposed as being a <br /> compatible use on land enrolled in the Williamson Act. However, <br /> the primary purpose of the Williamson Act is to protect and <br /> enhance agricultural lands. To be successful, the golf course <br /> must increase the human population density of the area. This <br /> population is subject to the same conflict with nearby <br /> agriculture as are the residents, as noted above. Thus, the golf <br /> course fails the test of compatibility set forth in Government <br /> Code Section 51220.5. <br /> The Williamson Act does admit certain types of public recreation. <br /> Government Code Section 51202 (n) states that, <br /> " 'Recreational Use' is the use of land by the public, <br /> with or without charge, for any of the following: <br /> walking, hiking, picnicking, camping swimming, boating, <br /> fishing, hunting, or other outdoor games or sports for <br /> which facilities are provided for public participation. <br /> Any fee charged for the recreational use of land as <br /> defined in this subdivision shall be in a reasonable <br /> amount and shall not have the effect of unduly limiting <br /> its use by the public. " <br /> Page 3 of the NOP states that, "General public access is not <br /> contemplated. . . . " Since the development is proposed as private, <br /> gated community, it does not appear that the golf course would be <br /> available to the public and therefore could not be considered a <br /> compatible use. <br /> In addition, the NOP states that pesticides and herbicides used <br /> on the golf course, particularly gopher and mole poisons, may <br /> adversely effect wildlife within the adjoining nature preserve. <br /> This impact additionally indicates that the golf course is not <br /> compatible with adjoining open space uses on the contracted <br /> parcel. <br /> Assuming arguendo that either the residential development or the <br /> golf course are compatible, expansion of allowed uses on contract <br /> lands may cause taxes on all such lands to rise. This is because <br /> the taxation of Williamson Act parcels reflects the value of the <br /> land as restricted. If the restrictions are read to allow this <br /> type of development, then the local assessor may properly impute <br /> added commercial value to all similar contracted lands. <br /> Therefore, regardless of whether such use may technically be <br /> justified, allowing it may very well dilute tax preferences <br />