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J �, a✓ r,,,r✓l�i�,h,,,�rfl✓,,,2 ✓fL✓1r.�lel��7!'.IG✓!�✓d✓�� ,vl���l�✓�rf,.,r 1r �3,,hlrr,�f�✓111r{���rif rlu.., ,- s rr,.,,,:. ;„ /`, ��. q.,,✓r,lr��/,ttil�✓I lai t!.krvu(✓t�,,.��.1,,,,�J✓tr 5u,.,,„✓r�/L.✓✓ ✓✓'.✓,.rry�i{..,,.. r✓G t L,.r..r Resolution No. 15-037 f � ftti' RESOLUTION APPROVING TENTATIVE PARTIAL CANCELLATION OF EXISTING LAND CONSERVATION ( ILLIA ) ACTC T CT FOR THE WILD GOOSE CLUB, INC. (LCA1 ®0001) WHEREAS, the subject 8.82-acre property proposed for cancellation (former APNs 021-030-016 and 021-030-009 [portion]) is owned by the Wild Goose Club, Inc. ("Applicant") and is located in the southwestern corner of unincorporated Butte County, approximately 6.6 miles southwest of the City of Gridley, and is currently subject to the provisions of a Williamson Act Contract recorded February 2 , 1973 in Book 2259, pages 262 through 269 of the Official Records of Butte County (the "Contract"); and WHEREAS, under Rule 3.C.3 of the Butte County Administrative Policies and Uniform Rules for Implementing the California Land Conservation (Williamson)Act, hunting club facilities on open space lands are not consistent with the Butte County Williamson Act program; and WHEREAS, on October 2, 2013 Applicant submitted to the Butte County Department of Development Cervices an application to create a new parcel separating off the Wild Goose Club hunting facilities from the remainder of the property (LLA13-0020), so that the developed area could be cancelled from the Williamson Act in order to bring the property into compliance with the County's Williamson Act program; and WHEREAS, on January 29, 2014 Applicant submitted to the Butte County Department of Development Services a Petition for Partial Cancellation of Williamson Act contract (LCA1 -0001) to cancel the portion of the property developed with hunting club facilities from the remainder of the property; and WHEREAS, on March 26, 2014 Applicant submitted an application to amend the contract for the remainder of the property to open space for managed wetland area (LCA14®0002); and WHEREAS, Applicant's Petition for Partial 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 on May 1, 2014; and WHEREAS, the May 20, 2014 California Department of Conservation letter of comment on this petition for partial cancellation does not identify any barriers to approving the proposed cancellation, and further identifies a specific order for approval of the partial cancellation and associated applications; and WHEREAS, at its September 15, 2014 meeting the Butte County Williamson Act Advisory Committee recommended to the Board of Supervisors that all required findings can be made for the lot line adjustment, tentative partial cancellation, and contract rescission/amendment; and further recommended that the proposed Partial Cancellation is consistent with the Butte County Williamson Act program; and WHEREAS, on October 10, 2014 the Zoning Administrator approved the lot line adjustment, subject to a determination by the Board of Supervisors that the application is consistent with the Williamson Act; and WHEREAS, on December 9, 2014 the Board of Supervisors determined that LLA13-0020 is consistent with the Williamson Act program, thereby approving the new parcel to be cancelled from the Act; and WHEREAS, a Notice of Partial Non-Renewal of the Williamson Act contract was recorded for the new 8.82-acre parcel comprising the area to be cancelled on March 6, 2015; and WHEREAS, Applicant is required to comply with all other requirements of law that apply to the Petition for Partial Cancellation, including the preparation and adoption of an Initial Study/Negative Declaration, the determination and certification of the current fair market value of the subject land as though it were free of the contractual restriction, and the provision of appropriate notice of all actions contemplated in connection with the Petition, to the extent required by law; and WHEREAS, Applicant is 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 the Wild Goose Club, Inc. for Tentative Partial Cancellation of the Contract, based on the findings and determinations set forth in the attached EXHIBIT B Findings in Support of Partial 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 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. Pursuant to Section 51283, the Board of Supervisors has also certified to the County Auditor a cancellation fee in the amount of $20,625, as determined by the County Assessor by letter dated January 6, 2015. 4. 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. 5. The Director of Development Services is hereby directed to file a Notice of Determination in the manner prescribed by law. 6. Pursuant to Section 51284, 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, and a general description, in text or by diagram, of the land under contract. 7. 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 24th day of March, 2015 by the following vote. AYES: Supervisors Connelly, Wahl, Kirk, Lambert and Chair Teeter NOES: one ABSENT: one NOT VOTING: one Doug Teeter, Chair Butte County Board of Supervisors ATTEST: Paul Hahn, Chief Administrative Officer and Clerk of the Board of Supervisors By: Deputy 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 cancellation fee computed under the provisions of Section 51283. 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 subdivision (b) or the date the landowner requests a recomputation. 3. Prior to recordation of the certificate of tentative cancellation, the property owner shall pay any other outstanding processing costs or fees. 4. Consistent with comments from the California Department of Conservation, a final certificate of cancellation must be approved prior to the rescission/amendment of the property's Williamson Act contract. EXHIBIT B Findings in Support of Immediate Cancellation of Williamson Act FINDINGS OF ENVIRONMENTAL DETERMINATION In connection with the Board's decision to approve tentative partial cancellation of the Contract, the Board has independently reviewed and analyzed the Initial Study/Negative Declaration (EXHIBIT C incorporated by reference) and has deemed it an appropriate document for purposes of compliance with the California Environmental Quality Act (CEQA), and certified that the document has been completed in compliance with CEQA. FINDINGS OF CONSISTENCY WITH THE WILLIAMSON ACT Based on substantial evidence in the administrative record, the Butte County Board of Supervisors finds that the Partial Cancellation of the Land Conservation Agreement executed between Butte County and the Wild Goose Club, a Corporation on February 15, 1978, which Agreement is recorded in Book 2259, pages 262 through 269, from which Applicant has petitioned to remove approximately 8.82 acres of former APNs 021-030-016 and 021- 030-009 [portion]) is consistent with the purposes of the Williamson Act, Government Code section 51282, subdivision (b) in that: 1. That the cancellation is for land on which a notice of nonrenewal has been served pursuant to Section 51245. A Notice of Partial Contract Nonrenewal was recorded for the area proposed for cancellation (former APNs 021-030-016 and 021-030-009[portion]) on March 6, 2015 2. That cancellation is not likely to result in the removal of adjacent lands from agricultural use. The subject property has been managed as wetlands and waterfowl hunting for almost 100 years. According to the contract file and the present owner, approx. 1,100 head of cattle were grazed on the property for several decades after execution of the contract; however, this use was ended in the 1990s. The property lies within the 18,000-acre Butte Sink Wildlife Management Area, which is managed by the US Fish and Wildlife Service as part of the Sacramento National Wildlife Refuge. The proposed modifications are not likely to result in removal of adjacent lands from agricultural use because the use of the land for wetland managed for waterfowl hunting will remain the same. 3. That cancellation is for an alternative use which is consistent with the applicable provisions of the city or county general plan. The Wild Goose Club property is designated Agriculture (AG) under the Butte County General Plan and is zoned AG-80 (Agriculture 80-acre minimum parcel size). The Club is a legal nonconforming use in the AG- 80 zone. 4. That cancellation will not result in discontiguous patterns of urban development. The Wild Goose Club cabins and permanent facilities exclusively serve the waterfowl hunting activities on the Wild Goose property. The cabins are specifically for a recreational business associated with waterfowl hunting on the property, and rely on the continuing provision of large areas of open space in order to serve that purpose. The hunting club facility is a nonconforming use which would require approval of a minor use permit prior to expansion. The property lies within the 18,000-acre Butte Sink Wildlife Management Area, which is managed by the US Fish and Wildlife Service as part of the Sacramento National Wildlife Refuge. Due to the constraints on the facility's expansion and the dedication of the surrounding area for hunting, wetlands, and wildlife habitat, the cancellation is not expected to result in discontiguous patterns of urban development. 5. That there is no proximate noncontracted 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 noncontracted land. The cabins and structures are existing on the subject property. The cancellation would remove the inconsistent uses of the land from the contracted area, bringing it into compliance with the Butte County Williamson Act program. There is no proximate contracted land which is both available and suitable for the use. EXHIBIT C Negative Declaration An Initial Study/Negative Declaration was prepared for this project. Applications associated with this project and addressed by the Initial Study/Mitigation pursuant to the California Environmental Quality Act (CEQA) consist of Lot Line Adjustment LCA13-0020, Partial Cancellation of Williamson Act Contract LCA14-0001, Williamson Act Contract Rescission/Amendment LCA14-0002, and approval of a Wetland Resource Management Plan. The Negative Declaration for this cancellation action is hereby referenced and incorporated as Exhibit C.