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Austin Road Landfill Exploon Project EIR Comments and R nses Resp,QUM to CALKwa Department of viiion of Land Resource Protection Farmland Map-* - and MonitoringPram hsr21 1 Letter Pp Res nse to Comment 1: The following text is added to page 49 of A.Land Use,Plans, and Policies of the DSEIR, at the end of the discussion of County of San Joaquin Habitat and Open Space Conservation.: One of the parcels involved in the proposed project, the 83-acre Brocchini parcel, was subject to a Williamson Act contract before the land was acquired by the City of Stockton and annexed to the City in 1997. A Land Conservation(Williamson)Act contract, if the owner chooses to enter into it, restricts the use of the land to agricultural purposes for a period of ten years, in exchange for reduced property taxes that reflect agricultural use of the land When the Brocchini parcel was annexed by the City of Stockton, the Williamson Act contract was cancelled in accordance with Government Code Section 51295. The proposed project would transfer the Brocchini parcel to a private owner along with the other project parcels. In this situation, Section 51295 requires that the affected parcel be reenrolled in a Williamson Act contract or encumbered by an enforceable restriction with terms at least as restrictive as those provided by the section. The duration of the restriction or Williamson Act contract shall be determined by subtracting the length of time the land was held by the acquiring agency from the number of years that remained on the original contract at the time of acquisition of the land In addition, the public agency shall give written notice to the State Director of Conservation and the local governing body responsible for the administration of the agricultural preserve. The first sentence of the first paragraph of page 52 of A.Land Use,Plans,and Policies of the DSEIR is modified to read as follows: As discussed above in Introduction,this SEIR updates the discussion of Impact A.2(regarding loss of agricultural land)of the 1994 EIR,and adds a new impact A.7. The following Impact and Mitigation Measure are added to page 52 of A. Land Use,Plans,and Policies of the DSEIR, after Mitigation A.2: "Impact A-7: The proposed project could possibly conflict with the requirements of the Williamson Act. One of the parcels involved in the proposed project, the 83-acre Brocchini parcel,was subject to a Williamson Act contract before the land was acquired by the City of Stockton and annexed to the City. When the Brocchini parcel was annexed by the City of Stockton, the Williamson Act contract was cancelled in accordance with the Government Code Section 51295. This section applies when a parcel of land under Williamson Act contract is acquired by a public agency, and cases when publicly-acquired land is subsequently sold to a private party. The proposed project would transfer the Brocchini parcel to a private owner. In this situation, Section 51295 requires that the affected parcel be reenrolled in a Williamson Act contract or encumbered by an enforceable restriction with terms at least as restrictive as those provided by the section. The duration of the restriction or Williamson Act contract is determined by subtracting the length of time the land was held by the acquiring agency from the number of years that remained on the original contract at the time of acquisition of the land. In addition, the public agency is required to give written notice to the State Director of Conservation and the local governing body responsible for the administration of the agricultural preserve. 37