RES 86544 - Laserfiche WebLink

Div. 1 51282 CITIES AND COUNTIES Title 5 cancellation of a (c) For purposes of paragraph (2) of subdivision (a) cancella- Tina: "(a) That the • tion of a contract shall be in the public interest only if the council or aistent with the , board makes the following findings: (1) that other public concerns ana "(b) That cenr substantially outweigh the objectives of this chapter; and (2) that interest. there is no proximate noncontracted land which is both available and •'The existence another use of tl suitable for the use to which it is proposed the contracted land be be sufficient real put, or, that development of the contracted land would provide more a contract. A ~~~ the land mar he contiguous patterns of urban development than development of proxi- is no proximate, mate noncontracted land. able for the use the contracted lay As used in this subdi~•ision "proximate, noncontracted land" •`Tne nnecon°°. ing agricultural means land not restricted by contract pursuant to this chapter, which sufficient reason is sufficiently close to land which is so restricted that it can serve as contract. The a practical alternative for the use which is proposed for the restricted the existing use there is no orl~e land. ble agricultural L be put." As used in this subdivision "suitable" for the proposed use means conscrnccion ° that the salient features of the proposed use can be served by land 2s06, see Histor 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 diseontiguous parcels. see «~est'e Calif (d) For purposes of subdivision (a), the uneconomic character of an existing agricultural use shall not by itself be sufficient reason valnauon of opr for cancellation of the contract. The uneconomic character of the ex- cion coae fisting use may be considered only if there is no other reasonable or comparable agricultural use to which the land may be put. I. In general (e) The landowner's petition shall be accompanied by a proposal Land presen for a s ecified alternative use of the land. The ro osal for the alter- p p p landowner and under Land Con native use shall list those governmental agencies known by the land- seq.), conld not owner to have permit authority related to the proposed alternative for subdivision nesa of contrar use, and the provisions and requirements of Section 51283.4 shall be was predictable. fully applicable thereto. The level of specificity required in a propos- lative body mac; to cancellation, 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- § 51282. quired. (f) In approving a cancellation pursuant to this section, the board or council shall not be required to make any findings other than or in addition to those expressly set forth in this section, and, where The repealed applicable, in Section 21081 of the Public Resources Code. issi, c. loss, a ' "(a) The pur (Added by Stats.1969, c. 1372, p. 2831, § 33. Amended by Stats.1978, c. provide a one-t 1120, p. 3430, § 11; Stats.1981, c. 1095, § 2.) and counties. :. fected landowu~ HiStO[ical NOte applications of chapter and tii As added in 1869, the section read: and potential I. "The landowner may petition the board as to all or any part of the subject land. cities and coup or council for cancellation of any contract The board or council may approve the 576