WILLIAMSON ACT CONTRACT CANCELLATION SAN JOAQUIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 1810 E. HAZELTON AVENUE, STOCKTON CA 95205 BUSINESS PHONE: (209) 468-3121 Business Hours: 8:00 a.m. to 5:00 p.m. (Monday through Friday) STEP 1 STEP 2 APPLICATION PROCESSING STEPS CHECK WITH STAFF - Development Services Staff will explain the requirements and procedures to you. SUBMIT YOUR APPLICATION - When you apply, file all of the following: FEE The staff will let you know the current cost of filing an application. Make checks payable to the San Joaquin County Treasurer. The fee includes $250 per parcel to cover the Assessor s appraisal costs. FORM Seven (7) copies of the completed application information forms (attached) which all owners must sign. MAP Seven (7) copies of the Assessor page(s) indicating the property(s) included in the application. DEED One copy of the recorded deed(s) of the property. APPLICATION Staff will check your application. If anything is missing, you will be notified in writing. The applicant will be COMPLETE sent a postcard once the application has been determined complete. (Your application cannot be processed until it is complete.) STEP 3 APPLICATION PROCESSING CEQA The County will decide if the proposal will have an adverse effect on the environment. If there are no adverse effects, the application will be processed. If there are potential adverse effects, further environmental review will be required. Projects that have the potential to adversely affect the environment will require the preparation of an E.I.R. This may extend the processing time. REFERRALS Staff will refer the application to any County departments, other agencies and surrounding property owners AND ACTION affected by your proposal and owners of contracted property within one mile of your property. At the end of a review and comment period a staff report will be prepared and the Board of Supervisors will hold a public hearing At the conclusion of the hearing, the Board of Supervisors will take final action on your request. FINAL ACTION If the Board grants tentative approval to your application, the following additional steps will need to be completed before cancellation of the contract becomes final: 1. Certificate of Tentative Cancellation. Upon tentative approval of your application for contract cancellation, the Clerk of the Board will record a Certificate of Tentative Cancellation with the County Recorder. The Certificate of Tentative Cancellation will name you as the landowner requesting the cancellation, set forth that a Certificate of Cancellation of Contract will be issued and recorded when specified conditions and contingencies have been satisfied, and provide a legal description of the subject property. 2. Conditions and Contingencies to be Satisfied. You will have to satisfy all the conditions and contingencies listed in the Certificate of Tentative Cancellation. Conditions to be satisfied include payment in full of any cancellation fees. Contingencies to be satisfied include a requirement that you obtain all permits necessary to begin the project which you specified as an alternative use of the land in your application for contract cancellation. 3. Certificate of Cancellation. Within thirty days after you have notified the Board that you have satisfied all the conditions and contingencies noted in the Certificate of Tentative Cancellation, the Board, having confirmed that you have satisfied these requirements, will execute a Certificate of Contract Cancellation and will record said document. The contract is canceled when the Certificate of Contract Cancellation is recorded. STEP 4 CONDITIONS AND ADDITIONAL PERMITS CONDITIONS The staff will send you the final action and if the cancellation is approval it will list conditions, by department, that must be met before you can start your project. OTHER Frequently other local, state and/or federal agencies will require permits prior to new uses being established PERMITS (e.g. Air Pollution Control District, Regional Water Quality Control Board, Fish and Game, Fish & Wildlife Service or the Sheriff's Office). The Community Development Department will identify additional permits we are aware of that may be required for your project. F:\DEVSVC\Planning Application Forms\ Page 1 of 6
APPLICATION CONTRACT CANCELLATION SAN JOAQUIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT FILE NUMBER: - - Name: Address: TO BE COMPLETED BY THE APPLICANT PRIOR TO FILING THE APPLICATION Owner Information Applicant Information Name: Address: Phone: Phone: PROJECT DESCRIPTION Proposal Description of the proposed project (proposed alternative use of the property): Existing General Plan Designation: Is the proposed use consistent with the General Plan Designation? Yes No If No, explain: PROPERTY AND VICINITY DESCRIPTION Property Information Assessor Parcel Number(s) Property Size Number of Parcels Property Address: Williamson Contract Number(s): Date: Notice of Non-Renewal filed? Yes No Date filed: F:\DEVSVC\Planning Application Forms\ Page 2 of 6
APPLICATION CONTRACT CANCELLATION SAN JOAQUIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT FILE NUMBER: - - Uses On-Site (description of Ag Crops): PROPERTY AND VICINITY DESCRIPTION (Continued) Existing Land Uses Uses to the North: Uses to the East: Uses to the South: Uses to the West: ENVIRONMENTAL INFORMATION (USE ADDITIONAL PAPER, IF NECESSARY) Water, Drainage and Flooding Describe any areas subject to flooding (include flood depths and flood panel map number): Describe the current depth of the ground water and depth to potable water: Describe any existing drainage courses or eroded areas on or near the project site (e.g. rivers, creeks, swales or drainage ditches): Describe the site's topography (e.g. land forms, slopes, etc.): Land, Land Use and Biota Describe agricultural land that will be lost as a result of the project (type of crops, acres, quality of soil, etc.): Describe any wildlife habitat on-site and species that are or may be present: Describe any vegetation on-site by type and extent: Land, Land Use and Biota (Continued) Air Quality F:\DEVSVC\Planning Application Forms\ Page 3 of 6
Describe air pollutants that may result from the project (e.g. construction related dust, vehicle trips per day, fire places, incinerators, etc.): Other Describe any items of historical or archaeological interest on-site (e.g. cemeteries or structures): Describe any on-site or off-site sources of noise or vibration (e.g. freeway noise, heavy equipment, etc.): Describe any on-traffic increases: Describe any on-site or off-site source of odor (e.g. agricultural wastes): Describe any displacement of people that will be caused by the project (e.g. numbers of people, housing units): F:\DEVSVC\Planning Application Forms\ Page 4 of 6
APPLICATION CONTRACT CANCELLATION SAN JOAQUIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AUTHORIZATION SIGNATURES ONLY THE OWNER OF THE PROPERTY OR AN AUTHORIZED AGENT MAY FILE AN APPLICATION. I, the Owner/Agent agree, to defend, indemnify, and hold harmless the County and its agents, officers and employees from any claim, action or proceeding against the Owner/Agent s project. I, further, certify under penalty of perjury that I am (check one): FILE NUMBER: - - Legal property owner (owner includes partner, trustee, trustor, or corporate officer) of the property(s) involved in this application, or Legal agent (attach proof of the owner's consent to the application of the property's involved in this application and have been authorized to file on their behalf., and that the foregoing application statements are true and correct. Print Name: Signature: Date: Print Name: Signature: Date: Print Name: Signature: Date: Print Name: Signature: Date: Print Name: Signature: Date: FINDINGS FINDINGS F:\DEVSVC\Planning Application Forms\ Page 5 of 6
In order to grant tentative approval to an application for contract cancellation, the Board of Supervisors must make either of the set of findings below: The cancellation is consistent with the purposes of the Williamson Act because: The cancellation is for land on which a Notice of Nonrenewal has been served pursuant to Section 51245 of the Government Code. The cancellation is not likely to result in the removal of adjacent lands from agricultural use. The cancellation is for an alternative use which is consistent with the applicable provisions of the County General Plan. The cancellation will not result in discontiguous patterns of urban development. 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. The cancellation is in the public interest because: ----- OR ----- Other public concerns substantially outweigh the objectives of the Williamson Act. There is no proximate noncontracted land which is both available and suitable for the use to which it is proposed the contract land be put, or, development of the contracted land would provide more contiguous patterns of urban development than development of proximate noncontracted land. Note: On a separate sheet (s) of paper, please indicate which of the two findings you think can be made to support your request for contract cancellation including the required subfindings. These findings that you provide will be included with the staff report that is prepared by staff and distributed to the Board of Supervisors. F:\DEVSVC\Planning Application Forms\ Page 6 of 6
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