RES 86482 - Laserfiche WebLink

Div. 1 § 51282 CITIES AND COUNTIES Title 5 cancellation (c) For purposes. of paragraph (2) of subdivision (a) canceHa- find: "(a) That tl tion of a contract shall be in the public interest only if the council or sistent with board makes the following findings: (1) that other public concerns and "(b) That c substantially outweigh the objectives of this chapter; and (2) that interest. there is no proximate noncontracted land which is both available and "The existel another use suitable for the use to which it is proposed the contracted land be be sufficient put, or, that development of the contracted land would provide more a contract. A the land may contiguous patterns of urban development than development of proxi- is no proxima mate noncontracted land. able for the the contracted As used in this subdivision "proximate, noncontracted land" "The usecox ing agrlcuhur means land not restricted by contract pursuant to this chapter, which sufficient rea is sufficiently close to land which is so restricted that it can serve as contract. Tii the existing u a practical alternative for the use which is proposed for the restricted there is no o~ land. ble agricultura be put." As used in this subdivision "suitable" for the proposed use means Constructio~ that the salient features of the proposed use can be served by land 23o6, see His not restricted by contract pursuant to this chapter. Such nonre- stricted land may be a single parcel or may be a combination of con- tiguous or discontiguous parcels. see west's C (d) For purposes of subdivision (a), the uneconomic character of an existing agricultural use shah not by itself be sufficient reason valuation of for cancellation of the contract. The uneconomic character of the ex- ~on Co isting use may be considered only if there is no other reasonable or comparable agricultural use to which the land may be put. i. $n geser, (e) The landowner's petition shah be accompanied by a proposal Land pres for a specified alternative use of the land. The proposal for the alter- landowner a under Land native use shall list those governmental agencies known by the land- owner to have permit authority related to the proposed alternative for subdivisi seas of cont use, and the provisions and requirements of Section 51283.4 shall be was predieta fully applicable thereto. The level of specificity required in apropos- lative body to cancellati~ al for a specified alternate use shall be determined by the board or council as that necessary to permit them to make the findings re- § s 28: (f) In approving a cancellation pursuant to this section, the board or council shah not be required to make any findings other than or in addition to those expressly set forth in this section, and, where The tepee applicable, in Section 21081 of the Public Resources Cede. ~gs~, e. "(a) The (Added by State.1969, c. 1372, p. 2831, § 33. Amended by State.1978, c. provide a 1120, p. 3430, § 11; State.1981, c. 1095, § 2.) and countie~ fected lando Historical Note applications chapter and As added in 1969, the section read: and potenti~ "The landowner may petition the board as to all or any part of the subject land. cities and c. or council for cancellation of any contract The board or council may approve the 576