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HomeMy WebLinkAbout07-154 '~' ~~ ~ ~ ,r. ;,, ` ~~. :~" I~c'SOlUf10n N0. 07-154 RESOLUTION APPROVING THE TENTATIVE PARTIAL CANCELLATION OF EXISTING LAND USE CONSERVATION CONTRACT INSTRUMENT NO. #23212 WHEREAS, the subject property 2.82-acre property proposed for cancellation (APN: 039-260- 060) is owned by Mead Orchards Inc. the ("Applicant") and is located between Ord Ferry Road and Reinemer Road, just northeast of the unincorporated Town of Dayton in Butte County, and is currently subject to the provisions of a Williamson Act Contract between the Butte County and Mead Orchards Inc., recorded February 27, 1976 as Instrument #23212 of the Official Records of Butte County (the "Contract"); and WHEREAS, A notice of nonrenewal for APN 039-260-060 was filed with the Butte County Clerk-Recorder's Office on March 5, 2004; and WHEREAS, on January 27, 2004, the Applicant submitted to the Butte County Department of Development Services a Petition for Partial Cancellation of a Williamson Act contract for the proposed alternative use of the property for residential development of one residence per conforming SR- 1/Suburban Residential one-acre minimum parcel; and WHEREAS, the Applicant's Petition for the Tentative Cancellation of a Contract ("Petition") was determined to be complete and a copy of the Petition and a general description of the land subject to cancellation were mailed to the California Department of Conservation for comment; and WHEREAS, the Applicant is being required to satisfy all conditions, contingencies, and processes per Government Code Sections 51283, 51283.4 and 51283.5 and all other conditions specified in EXHIBIT A here attached; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Butte County as follows: 1. The Board approves the Petition of Mead Orchards Inc. for partial cancellation of the Contract, based on the findings and determinations set forth in the attached EXHIBIT B Findings in Support of Immediate Cancellation of Williamson Act Contract, which are hereby adopted by the Board and incorporated herein by this reference. 2. In connection with the Board's decision to approve tentative partial cancellation of the Contract, the Board has independently reviewed and analyzed and adopted the Mitigated Negative Declaration, referenced hereto as EXHIBIT C and deemed it as the appropriate document for purposes of compliance with CEQA, and certified that the document has been completed in compliance with CEQA. 3. The Chairperson of the Board of Supervisors is authorized to execute all agreements and documents necessary to effect the purpose and intent of this Resolution. 4. The Director of the Department of Development Services is hereby directed to file a Notice of Determination in the manner prescribed by law. 5. Within 30 days of the tentative partial cancellation of the contract, the Clerk of the Board shall publish a notice of the Board's decision, including the date, time, and place of the public hearing, a general explanation of the decision, the findings made pursuant to Section 51282 of the State Government Code. 6. Within 30 days of the tentative partial cancellation of the contract, the Clerk of the Board of Supervisors shall transmit a copy of the published notice of the decision, as described above, to the Director of Conservation. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, this 25th day of September, 2007 by the following vote. AYES: Su~ervi~ors Connell;, kirk, .io:;iasoei:, Yamaguchi, and Chair Dolan NOES: None ABSENT: None NOT VOTING: None ~._ _. ,CHAIR B tte Co my Board of Supervisors ATTEST: and Clerk _, Chief Administrative of Supervisors '`) By. / ,/1 ! ~f~ r/ ~~~ ~'~~31~ 2 EXHIBIT A CONDITIONS OF CANCELLATION The owner shall satisfy all conditions, contingencies, and processes per Government Code Sections 51283, 51283.4 and 51283.5 and any other conditions required upon approval by the Board of Supervisors. The specified conditions and contingencies to be satisfied are: 1. Payment in full of the amount of the fee computed under the provisions of Section 51283. The Board notes that the valuation used in the calculation of this fee is subject to the requirements and conditions of Section 51203 and 51283.5. 2. Owner will provide a statement of acknowledgement that unless the fee is paid, or a certificate of cancellation of contract is issued within one year from the date of the recording of the Certificate of Tentative Cancellation, the fee shall be recomputed as of the date of notice described in Section 51203 or the date the landowner requests a recomputation. 3. The landowner must obtain the General Plan amendment and rezone necessary to commence the proposed alternative residential development use for the cancellation to become valid. 4. Any re-zone of the cancellation property to SR-1 should be conditioned to limit future residential development to one residence per conforming parcel, although the SR-1 zone would normally allow for second residences. 5. In compliance with the Williamson Act contract, the owner will maintain the agricultural operations on the parcel until such time as conditions 1 through 4 above are satisfied.