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JUL-06-1993 16:23 FROM LAND CONSERUATION SAC TO 912094683163 P.07 <br /> Mr. William Sousa <br /> July 61 1993 <br /> Page 7 <br /> would be more in the public interest than the Act's goal of <br /> preserving a "maximum amount of the limited supply of <br /> [California's] agricultural land". Without detailed analysis, <br /> since several golf courses already exist in the immediate area, <br /> it does not appear that an urgent need exists to cancel this <br /> contract in order to build another one. <br /> Also, the proponents argue that wildlife habitat and <br /> riparian forests would be better protected by allowing Williamson <br /> Act contract cancellation in order to prevent the land from being <br /> cleared and cultivated for agricultural use. However, there is <br /> nothing to prevent the proponents from proceeding with the <br /> already initiated nonrenewal of the Williamson Act contract and, <br /> in the meantime, protecting the property under a Conservation <br /> Easement and Resource Management Plan, as suggested by the State <br /> Lands Commission. As it is, valuable wildlife habitat, which has <br /> been protected under the Williamson Act contract, has already <br /> been destroyed by the previous clearing of the area for several <br /> golf course fairways. <br /> As for the other subfindings necessary to cancel the <br /> contract in the public interest, we reiterate our arguments, set <br /> forth above, and conclude that this subfinding cannot be made. <br /> co CLUSION <br /> In summary, in order to grant tentative approval for the <br /> requested cancellation, the Board must make all of the <br /> subfindings to support the consistency and/or public interest <br /> findings. We wish to emphasize that it does not appear that this <br /> can be done. We reiterate that the Supreme Court has pointedly <br /> stated that cancellation is not appropriate where the objectives <br /> served by cancellation could be served by nonrenewal (Sierra <br /> Club, at 855) . Thus, the Department of Conservation recommends <br /> that the Williamson Act contract be terminated by completing the <br /> nonrenewal process, which was begun in April of this year. <br /> Please contact me at (916) 324-0859 if you have any questions. <br /> Sincerely, <br /> Kenneth E. Trot <br /> Manager <br /> Land Conservation Unit <br /> cc Duncan Simmons <br /> State Lands Commission <br />