HomeMy WebLinkAboutATTACHMENT AL
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COUNTY OF BUT
FEB 26 2 1,c, Pi 11,!,S
LAPD CONSERVATION AGRE94ENT iJ.!,'_NO
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THIS AGRERA_ENT, made and entered into this 11th day of
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December, 1975 by and between iM & T INCORPORATED
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hereinafter referred to as "Owner", and the County of Butte, a political
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subdivision of the State of California, hereinafter referred to as "County":
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W I T N E S S E T H
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"!I-IEREAS, Owner possesses certain real property hereinafter described
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located within County; and
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SyiH;REAS, said property is devoted to agricultural uses; and
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YMEREAS, said property .is located within the -AGRICULTURAL PRESERVE
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NO. heretofore established by County; and
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'445, both Owner and County desire to limit the use of,said
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property.to agricultural, related and compatible uses in order to
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preserve a maximum'amount of agricultural land, to conserve the State's
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economic resources, to maintain the agricultural economy, and to assure
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a food supply for future residents, to discourage premature and un -
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necessary conversion of agricultural land to urban uses, recognizing
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that such land has public value as open space and.constitutes an ,
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important physical, social, esthetic, and economic asset to the County;
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and
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'9riMREAS, the placement of said property in an agricultural preserve
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and the execution and approval of this Agreement is a determination that
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the highest and best use of said property during the term of this
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Agreement or any renewal thereof is for agricultural uses;
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NOW, T1=GTORL,, both Owner'and County in consideration 'of the
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mutual promises, covenants and.conditions herein contained and the
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substantial public benefits to be derived therefrom, do hereby agree
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as follows:
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FIRST: This Agreement is made and entered,into pursuant to the
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California Land Conservation Act of 1965 (Chapter 7 of Part 1 of Division
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1 of Title 5 of the Government Code of California commencing with Sec -
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tion 51200) including Article 3.5 of said Act entitled "Agreements".
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SECOND: During the term of this Agreement, or any renewal thereof,
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the said property shall not be used for any purpose other than agricultural
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uses for producing agricultural commodities for commercial purposes, uses
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related to such purposes and uses compatible for such purposes, which uses
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are set forth in Exhibit "A" attached hereto and incorporated herein by
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reference.
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THIRD: The Board of Supervisors of County may from time to time and
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during the term of the Agreement or any extensions thereof, by resolution
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add to those compatible uses authorized in the resolution establishing
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the preserve within which the land is located; provided, however, said
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Board shall not eliminate, without the written consent of Owner, a compatible
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use during the term of this Agreement or any renewals thereof. The provisions
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of this Agreement and any resolution supplementing the uses listed in
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Exhibit "A" is not intended to limit or supercede the planning and zoning
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powers of the County.
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FOURTH: In the event an action is established in eminent domain
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for condemnation of all or a portion of subject property for a public or
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quasi -public use as permitted under Section 51290 of the California
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Government Code, the terms of this agreement shall be null and void, as
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of the date the action if filed; this Agreement shall remain in full force
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and effect as to the remainder of subject property not so taken, unless
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such remaining land would no longer be eligible for Agreement under
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Section 51242 of the California Government Code.
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FIFTH: This Agreement shall be effective as of the day and year first
above written and.shall remain in effect for a period often (10) years
therefrom. This Agreement shall be automatically renewed on the first day
of January of each year for a period of ten (10) years from the date of said
renewal, unless notice of non renewal is given as provided in Section 51245
of the Government Code of California.
SIXTH: The Owner understands that he is not entitled to.any public
funds by reason of the execution of this Agreement or any renewal thereof
although the use thereof is limited as aforesaid.
SEVENTH: Cancellation of this Agreement may.only be affected pursuant
to the provisions of Government Code Sections 51280 through 51286, except
as otherwise provided herein; provided, however, that the consent of the
Director of Agriculture of the State of California as provided for in
Government Code Sections 51282 and'51283 need not be obtained.
EIGHTH: The Owner agrees that he, his successors and assigns shall not
divide by sale or gift the.property which is the subject of this Agreement
iso x� jjvp
into a parcel under separate ownership having less than �) acres.
NINTH: This Agreement shall run with the land described herein and
shall be binding upon the heirs, successors and assigns of the Owner and
County.
TENTH: In the event of forced sale of lands subject hereto for the
settlement of a tax lien, this Agreement is null and void as to such land .
actually sold for that purpose. No penalty as provided for in Paragraph
Seven (7) shall be charged for a cancellation under this paragraph.
-,T[,EVEPTTH: This Agreement shall be cancelled without payments or
public hearing if it is replaced by any other enforceable restriction"
authorized by Article XXVIII of the California Constitution or whenever
there is no operative legislation implementing said Article with respect -
to assessment practices.
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•1 TVEEL TH: The property of the Owner hereinabove referred to and to
2 which the provisions of this Agreement apply is situated in the
3 County of Butte, State of California and is particularly.described
4 as follows:.
5 SEE EXHIBIT "B"
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IN WITI7ESS ','/HEREOF, The Owner and County have executed this
2 Agreement the day and year first above written.
3 COUNTY OF BUTTE/ .
4 BY
5 Chairman of the Board of
Supervisors
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S ATTEST:
9 Clark Nelson, County Clerk
and Ex Officio Clerk of the
10 Board of Supervisors
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12 by GL C
13 Deputy Clerk
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16 Owner:
7 q \NCORPOP M £> T INCORPORATED
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19 £�° WIT. . TOWNE, President
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21 NFVADP CHRISTOPAER CLEGG se retary
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STATE OF CALIFORNIA On this ,,,11th „ day of Dec. the year one thousand nine
} hundred and ... 5 ............. before me, ..... SAUAN•, M .,,,F 2 SHLEDER -
COUNTY OF......SAN ... E1?a1k7�Z0• a Notary Public, State of California, duly commissioned and sworn, personally
appeared -MR -....S. Towne and Christopher Clegg
...........................................................................
known to me to be the ........ of the corporation described
in and that executed the within instrument, and also known to me to be the
persons... who executed the within instrument on behalf of the corporation
therein named, and acknowledged to me that such corporation executed the
same..........................................................:...........................................................
IN WITNESS ]%HEREOF I have hereunto set my hand and affixed my official
seal in the... CitV••M4 County of San FranCisCOthedayand
®717➢➢➢:9➢7➢G9P7l1977777➢CC!i:9G7:ir:[7P?➢i9,E9:i➢7➢iC➢GtE
year in this certificate a-•• ......
..... .........
ea rti a to fi t above warren.
OFFICIAL 'SIJ L
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SUSAN M. FISHLEDER
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NMrCALW:RNIA Notary Public, S te Of California
C:T! & CCTITY OF SN FpSCO
e
e 3 ISI CommL•:ion UPI: o. May 27.1979
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Odm's Forth No. 28—Acknowledgment Corporation (C. C. Secs. 1190-1190.1)
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Printed sn2
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STATE OF CALII'OP,NIA )
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COUNTY OF BUTTE )
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On this 15' day of 19
w a Notary Public in
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before me 1� cz 4 tj 4 / Ll (Lv
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and for the said County and State, residing therein, duly commissioned
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and , sworn, personally appeared
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known to me to be the Chairmanof the Board of Supervisors of the County
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of Butte, that executed the evithin instrument and acknowledged to me that
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said County of Butte did execute the same.
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IPI 71ITNISS WHERn'OF, I have hereunto set my hand and affixed my
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official seal the day and year in this Certificate first written above.
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My commission Notaryfublic in and for said
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expires: Countf and State
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MY
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a _. ..:.....= _: J- 15. 1978
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EXHIBIT "A" PERIITYED USS
1. Single family dwelling as provided in C-1, C-2 or•C-3 above,,
provided, however, that variances may be recommended by the committee
to the Board of Supervisors in cases of hardship.
2. General farming, horticulture, commercial livestock, commercial poultry
production, warehousing storage.
3. Accessory buildings and uses pertinent to the permitted uses including`
agricultural.processing plants.
4. Housing facilities (including trailers) to accommodate only agricultural
employees and their families employed by the owner or operator of the
premises and provided further that such housing facilities shall be.
considered accessory to the main building.
5. A stand or a display for sale of agricultural commodities produced.on
the premises. Sales of products produced off the premises provided
that the sale of such products is incidental and secondary to the
sales of agricultural products produced on the premises:
6. Compatible uses:
a. The drilling for hydrocarbon, including the installation and use of
such equipment, structures and facilities as are necessary or
convenient.
b. Public utility and public services, including structures, uses
and buildings.
c. Airport or aircraft landing facilities.
d. Farm labor camps.
e. Any other use determined to be a compatible use in all agricultural
preserves by the Board of Supervisors after public hearing on ten.
(10) days published notice and such other notice if any as they may
specify. And after, such use be deemed a compatible use in any
agricultural preserve.
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7. Other uses:
a.' Sand and gravel operation subject to the securing ofa. use permit
approved by the County.
b. Mines, mineral extraction, and quarries in Agricultural Preserve
Number 7, 8 and 9. N
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PE.T.ITIO-I TO CANCEL .LAND CO�k;SERVA TIO�,i'AGREEME�-I'
(S'_tbrrit O*ginal and 4 Copiers i
To the Board of Supervisors of the County of Butte.
The undersigned hereby petition(s) the Board of Supervisors of the County, of Butte to Cane; .
the Lard Conservation Agreem;..rit executed between the Count; of Butte and M T I NCO R P 0 R A T E
19 7 5 a; it relates to lanr_l in °recet v ' 114-D.o t. }r-
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County of Butte which is presently ohned by the undersigned.
in Support of this Setif on
xr i ±h urdersiened alleges:
That the undersigned presently owns the land covered by said
agreement described as follows: Please see attached Petition..
'. That Cancellation not inconsistent with the purpose of the.W lliamson Act (Government
Code 51200 et seq.) in that:
That•cancellation is in the public interest in that.* P 1 e a s e see attached , Petition ,
Th- unde-rsigned declares the above to bt.true under penal tyofperjury.
Executed this day of _ 2005
at
Signature page attached
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Date: September 27, 2005
G:UCatherineWtsignature blocks\M&T Incorporeted.doc
SIGNATURE PAGE
PACIFIC REALTY ASSOCIATES, L.P.,
a Delaware limited partnership
successor in interest to
M&T Incorporated
By PacTrust Realty, Inc.,
a Delaware corporation, its General Partner
By C .
John C. Hart
(typed or printed name
Its Chief Financial Officer
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PETITION TO CANCEL LAND CONSERVATION AGREEMENT
(Submit -Original and 4 Copies)
To the Board of Supervisors of the County. of Butte:
The undersigned hereby petitions the County of Butte (hereinafter the "County") and
its Board of Supervisors to partially cancel the Land Conservation Agreement executed
between the County and i\.•1 & T Incorporated on December 1.1, 1975 and contained in
Agricultural Preserve No: 2. While the proposed use of the property as a sand and gravel
operation is expressly permitted under the existing Land Conservation Agreement, the
County has requested that the undersigned file this petition for partial cancellation to avoid
• any potential conflict :with the Department of Conservation (hereinafter "DOC") regarding
DOC's position on uses permitted under the Land Conservation Agreement and the
Williamson Act.
This petition for partial cancellation only covers approximately 106 acres of the
roughly 8000 acres owned by the undersigned and covered by the Land Conservation
Agreement.
In support of this petition, the undersigned alleges:
1. That the undersigned presently owns the land covered by said Land Conservation
Agreement as. follows:
Please see Exhibit 1.
2. The part of land to be removed from said Land Conservation Agreernent is
• described as follows:
Please see Exhibit 2.
3. Th, partial cancellation.is consistent with purposes of the. FVilliamson ,9ct
(Government Code ,S 51200 et seq.) based on the following:
a. "That the [partial] cancellation is on land on which a rotice of nonrenewal
has been served pursuant to Section 512=15. "
The notice of partial nonrenewal is being serv:,d concurrently with this
Petition for partial cancellation.
b. "That [partialj cancellation is not likely to result in the removal of adjacent
lands from agricultural use. "
The entire subject parcel, including the portion to be .removed from the
Williamson Act contract, is non -prime agricultural land that is surrounded by prime'
agricultural land. The subject parcel will be used to operate a sand and gravel mining
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operation for approximately 25 years. After such time the land will be reclaimed as open
space. The approval of this partial cancellation is not likely to remove the adjacent prim,
agriculture lands from agricultural use because (1) the sand and gravel operation discourages
urbanization on adjacent agriculture land, (2) the sand and gravel operation will be
reclaimed, in accordance to the Surface Mining and Reclamation Act ("SMARA") as open
space, and (3) the adjacent prime agricultural lands are not likely to be removed from
agricultural use because the lands are under existing Williamson Act contracts and qualify as
prime agricultural .lands under the Act.
C. "That [partial] cancellation is for an alternative use -which is consistent with
the applicable provisions of the city or county general plan. "
• Sand andravel mining is
g g consistent with the applicable provisions oftltc .
Butte County General Plan. Butte County General Plan Land Use Element, section 2.6 sets
forth the following policies in regards to surface mining operations within the County:
2.6a Encourage extraction and processing of identified deposits of building
materials and other valued mineral resources.
2.6b Encourage the reclamation of lands subject to mineral extraction.
d. "That [partial] cancellation will not result in discontiguous patterns' -of urban
development. "
The partial cancellation, as mentioned above, is far the purpose of using the
land as a sand and gravel operation. As mentioned above, prime agricultural lands that are
also subject to Williamson Act contracts surround the section of the parcel to be removed
• from the Williamson Act contract. There is no evidence that these lands willbe developed in
the near future for urban 1. development. Further, the use of the property as a sand and gravel
mining operation will discourage urban development in the surrounding area, and thus,
actually assist in the preservation of the prime agricultural land surrounding the sand and
gravel operation.
e. "That there is no proximate non -contracted land which is both available and
suitable for the use to which it is proposed the contracted land be put or that development of
the contracted land would provide more contiguous patterns of urban development than
development of proximate non -contracted land. "
Sand and gravel operations are generally limited to those areas where there i3
(1) a commercially viable rock reserve, (2) the reserve is extractable, (3) there is'a viable haul
• route, (4) the location is sufficiently close to an available market, and (5) the operation fits
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• i:into the plan -ring scheme of the County. The first four requirements distinguish mining .
operations from"other types of laird uses, such as housing, which may occur in a variety of
locations, provided the housing development is consistent with planning goals. 'rhe
petitioner is not aware of any proximate no land that is available and suitable for
use, which includes, among other things, property that has (1) a commercially viable rock
reserve, (2) that is extractable, (3) with a"viable haul route, (4) near"an available market. and
(5) that fits into the planning scheme of the County.'
4. That partial cancellation is in the public interest based oh the followin- findings:
a. ''That other public concerns substantially outweigh the objectives of this
chapter.
There are several public concerns that substantially outweigh the objectives of
• this chapter, including the local and statewide aggregate shortage, the County's ne
b ed for
more affordable housing, and the County and statewide need for reduced air pollution.
The shortage of aggregate throughout the State and Butte County is an
ongoing and serious problem. Aggregate makes up products ranging from homes, hospitals,
roads, airports; shopping centers, to sewer and stormwater systems. The average 1,500
square -foot home with infrastructure requires approximately 328 tons of sand and gravel and
202 cubic yards of concrete. The California Department of. Conservation estimates that every
person.in California consumes approximately seven tons of aggregate per year. As the
state's population increases, its need for aggregate increases, while available sites and
reserves decrease. On a local level, the County currently only has approximately 40 percent
of its- 50 -demand for aggregate permitted. Put another way, the County has a 600A aggregate
• deficit.
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Butte County also has a shortage of .low-income housing. (Butte. County
General Plan, Housing Element.) This sand and gravel mining operation will provide a
substantial increase in available aggregate. This, combined with lower costs from shorter
transportation distances will result in lower priced aggregate and, among other things, lower
construction costs that will facilitate economic construction and more -affordable low income
housing-.
Lastly, by ensuring a local supply of sand and gravel, the County wid.l
maximize the opportunities for air emissions reductions. The demand for aggregate is based
on population, and as such there is a constant increase in the demand for aggregate regardless
of location. If there are insufficient local sources of aggregate, aggregate will be hauled in
from outside the County. This means longer truck trips within the County and more air
pollution related to haul truck emissions. By locating another local sand and gravel source
within the County, the County maximizes its opportunities for air emissions reductions.
b. "That there is no proximate non -contracted land rvhich is both available and
suitable for the use to which it is proposed the contracted land be put or that development of
the contracted land would provide more contiguous patterns of urban development than
development of proximate non -contracted land.
See finding 3e. above.
The undersigned declares the above to be true underpenalty of perjury.
Executed this. day 'of , 2005, at
Ei�rtigat�ria:
Signature page attached
Petitioner
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Date: September 27, 2005
GAKatherineVASignature blocks\M&T incorporated.doc
PACIFIC REALTY ASSOCIATES, L.P.,
a Delaware limited partnership'
successor in interest to
M&T Incorporated
By PacTrust Realty, Inc.,
a Delaware corporation, its.General Partner
By
John C. Hart
(typed or prtn a name
Its Chief Financial Officer
A
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STATE OF CALIFORNIA, RESOURCES AGEN
,RNOLD SCHWARZENEGGER, GOVERNOR
DEPARTMENT OF CONSERVATION
DIVISION OF LAND RESOURCE PROTECTION
801 K STREET • MS 18-01 . SACRAMENTO, CALIFORNIA 95814
PHONE 916 / 324-0850 • FAX 916 / 327-3430 . TDD 916 / 324-2555 . WEB SITE conservation.ca.gov
November 28, 2005 BUTTE
COUNTY
NOV
Mr. Dan Breedon, Principal Planner
Butte County Development Services SERVICES
7 County Center Drive
Oroville, CA 95965
RE: Partial Cancellation of Land Conservation (Williamson Act) Contract,
Agricultural Preserve No. 2, Landowner: M & T Incorporated
Dear Mr. Breedon:
Thank you for submitting the notice to the Department of Conservation (Department) as
• required by Government Code section 51284.1 for the above referenced matter.
The petition proposes to cancel 106 prime agricultural parcels of the approximate 8,000
acres subject to the land conservation contract for a sand and gravel mining operation.
The site is generally located near the northeast intersection of River .Road and Ord
Ferry Road, 5 miles southwest of the City of Chico in Butte County.
Cancellation Findings
Government Code Section 51282 states that tentative approval for cancellation may be
granted only if the local government makes one of the following findings: 1) cancellation
is consistent with purposes of the Williamson Act or 2) cancellation is in the public
interest.
Cancellation is Consistent with the Purposes of the Williamson Act
For the cancellation to be consistent with purposes of the Williamson Act, the Butte
County Board of Supervisors (Board) must make findings with respect to all of the
following: 1) a notice of nonrenewal has been served, 2) removal of adjacent land from
agricultural use is unlikely, 3) the alternative use is consistent with the County's General
Plan, 4) discontiguous patterns of urban development will not result and 5) that there is
no proximate noncontracted land which is available and suitable for the use proposed
on the contracted land or that development of the contracted land would provide more
contiguous patterns of urban development than development of proximate
noncontracted land.
The (Department of Conservation s mission is to protect CaCfornians and their environment 6y:
(Protecting Caves andpropertyfrom earthgua(gs andlanddfides, Ensuring safe mining andoifandgas drifng;
Conserving Cafifornia's farmlan4- andSaving energy and resources through recycakng.
Mr. Dan Breedon, Principal Planner
November 28, 2005
• Page 2 of 3
The Department concurs that the consistency findings required to cancel the contract
can be met.
The landowner served a notice of partial nonrenewal of the contract consisting of
approximately 303 acres, which ,includes the 106 -acre cancellation parcel, to Butte
County in 2005. It appears those portions of the contract will terminate in December
of 2015.
The proposed mining operation is unlikely to result in urban development leading to the
removal of adjacent land from agricultural use. The proposed mining operation is
consistent with the County's General Plan. Findings related to urban development are
inapplicable as no urban development is proposed.
Additionally, the petition cites five specific criteria considered when examining proximate
non -contracted lands; 1) a commercially viable rock reserve, 2) the reserve is
extractable, 3) a viable haul route, 4) a location sufficiently close to an available market
and 5) an operation consistent with the planning scheme of Butte County. The
• Department concurs that based on these specific criteria, it appears there is no
proximate noncontracted land that is available and suitable for the. use proposed.
Cancellation is in the Public Interest
For the. cancellation to be in the public interest, the Board must make findings with
respect to all of the following: (1) other public concerns substantially outweigh the
objectives of the Williamson Act and (2) that there is no proximate noncontracted land
which is available and suitable for the use proposed on the contracted land or that .
development of the contracted land would provide more contiguous patterns. of urban
development than development of proximate noncontracted land. Our comments have
already addressed the second finding required under public interest finding above.
The Supreme Court of the State of California held that "any decision to cancel land
preservation contracts must analyze the interest of the public as a whole in the value of
land for open space and agricultural use" (Sierra Club v. City of Hayward (1981), 28
Cal. 3d 840, 856). The demand for and lack of sufficient permitted aggregate reserves
in Butte County may provide support for a public interest finding.
n1nnrcnn%A1n1
It is inconsistent with the purposes of the act to allow abrupt cancellation if nonrenewal
would accomplish the same objective. Therefore, there must be substantial evidence
• that awaiting the normal termination of the contract would fail to serve the purpose that
purports to justify cancellation (Sierra Club v. City of Hayward (1,981), 28 Cal. 3d 855).
i Mr. Dan Breedon, Principal Planner
November 28, 2005
Page 3 of 3
Provided that the information presented is complete and accurate, it appears that the
Board has an adequate basis to support the finding required to cancel the proposed
parcels of contracted land.
Lastly, legislation effective January 1, 2005, requires the county assessor to send notice
to the Department and landowner of.the current fair market value of the land and of the
opportunity to request a formal review from the assessor prior to any action giving
tentative approval to the cancellation of any contract. (SB 1820,.Machado, Chapter 794,
Statutes.of 2004 (Section 51283(a)).
Thank you for the opportunity to provide comments on the proposed cancellation.
Please provide our office with a copy of the Notice of the Public Hearing on this matter
ten (10) working days before the hearing and a copy of the published notice of the
Board's decision within 30 days of the tentative cancellation pursuant to section 51284.
Additionally, we request a copy of the discussion of the Board's findings pursuant to
section 51282. If you have any questions concerning our comments, please contact
Adele Lagomarsino, Program Analyst at (916) 445-9411.
Sincerely,
y4tDennis J. O'Bryant
Acting Assistant Director