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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 />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 />Findings Required for Cancellation of the Agreement <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 />a. that the cancellation is consistent with the purposes of <br />the Williamson Act; or <br />b. that the cancellation is in the public interest. <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 />a. Findings that Cancellation is Consistent with the Purposes of <br />the Williamson Act: <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 />1. That the cancellation is for land on which a Notice of <br />Nonrenewal has been served pursuant to Section 51245. <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 />SR:86:418 <br />