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to occur in conformance with the approved Long Term Agreement <br /> granted for~the 129 unit project, the first phase of which would <br /> begin in 1987. <br /> <br />The Lund's Land Conservation Agreement was the subject of a <br />cancellation request before your Council in 1983 under the <br />~special "window" provisions of the Williamson Act. The "window" <br />provisions were a special, one time procedure which allowed <br />cities and counties to cancel Williamson Act Agreements pursuant <br />to a relaxed set of findings. Your Council approved the <br />cancellation at that time, and the developers have proceeded to <br />receive PUD approval, a Long Term Growth Management Agreement, <br />and Tentative Map approval. A recent decision of the California <br />Supreme Court has cast a pall of legal uncertainty over all of <br />the cancellations undertaken pursuant to the "window" procedures. <br />The applicants wish to eliminate this uncertainty with respect to <br />this project by processing a cancellation under the regular <br />cancellation procedures. <br /> <br /> Findings Required for Cancellation of the Agreement <br /> <br /> Your Council may grant tentative approval for the cancellation of <br /> the Land Conservation Agreement if it makes either of the <br /> following findings: - <br /> <br /> a. that the cancellation is consistent with the purposes of <br /> the Williamson Act; or <br /> <br /> b. that the cancellation is in the public interest. <br /> <br />The applicant feels that both of the above findings can be made. <br />(See the attached letter for facts relevant to the required <br />findings). <br /> <br />a. Findings that Cancellation is Consistent with the Purposes of <br /> the Williamson Act: <br /> <br />In order for your Council to find that cancellation is consistent <br />with the purposes of the Williamson Act, your Board must make all <br />of the following findings: <br /> <br /> 1. That the cancellation is for land on which a Notice of <br /> Nonrenewal has been served pursuant to Section 51245. <br /> <br /> A Notice of Nonrenewal of the contract was filed <br /> September 23, 1981 with Alameda County and said <br /> notice was received October 6, 1981 and filed under <br /> Resolution No. 191768 by Alameda County. <br /> Therefore, the Notice of Nonrenewal has been served <br /> pursuant to Section 51245 of the Government Code <br /> (All references hereafter to code sections are to <br /> the Government Code.) <br /> <br />SR:86:418 <br /> <br /> <br />