Mountain House Municipal Code Ch. 5 Cancellation of Contract

The intent of this Chapter is to provide a method for canceling a contract, as provided in the Williamson Act.

(Ord. 2024-18, § 1(Exh. A), 2024)

A request for contract cancellation as to all or part of the subject property may be made only by the owner or his designated agent.

(Ord. 2024-18, § 1(Exh. A), 2024)

The review procedure for a Contract Cancellation request shall be the Public Hearing Review Procedure, with the following modifications:

(a) Planning Commission Review. The Planning Commission shall make recommendations for approving or denying the Contract Cancellation request. The Planning Commission shall forward its recommendations to the City Council.

(b) City Council Review. The City Council shall conduct a public hearing on the Contract Cancellation request. Notice of the hearing shall be given pursuant to Section 51284 of the Government Code.

(Ord. 2024-18, § 1(Exh. A), 2024)

Prior to giving approval to any Contract Cancellation request, the City Council shall make either of the findings specified by subsection (a) or (b), as required by Section 51282 of the Government Code:

(a) Consistency with Act. The cancellation is consistent with the purposes of the Williamson Act. In order to make this finding, the City Council shall make all of the following findings:

(1) The cancellation is for land on which a Notice of Nonrenewal has been served pursuant to Section 51245 of the Government Code;

(2) The cancellation is not likely to result in the removal of adjacent lands from agricultural use;

(3) The cancellation is for an alternative use which is consistent with the applicable provisions of the General Plan;

(4) The cancellation will not result in discontiguous patterns of urban development; and

(5) 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 development of the contracted land would provide more contiguous patterns of urban development than development of proximate noncontracted land.

(b) Public Interest. The cancellation is in the public interest. In order to make this finding, the City Council shall make all of the following findings:

(1) Other public concerns substantially outweigh the objectives of the Williamson Act; and

(2) 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 development of the contracted land would provide more contiguous patterns of urban development than development of proximate noncontracted land.

(Ord. 2024-18, § 1(Exh. A), 2024)

Prior to giving approval to any contract cancellation, the City Council shall determine and certify the cancellation fee pursuant to Section 51283 of the Government Code.

(Ord. 2024-18, § 1(Exh. A), 2024)

The cancellation of a contract shall not be final until the certificate of cancellation is recorded pursuant to Section 51283.3 of the Government Code.

(Ord. 2024-18, § 1(Exh. A), 2024)