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<br />IV. WILLIAMSON ACT <br /> <br />A significant Ie gal and land use issue revolves around the fact that nearly <br />all of the property is within the jurisdiction of the Williamson Act which <br />is intended to preserve agricultural land and open space. The Williamson Act <br />allows an o~er of agricultural land to enter an agreement which would last <br />ten years lowering the tax rate for the agricultural parcels and also keeping <br />the tax rates lower than developable land. The contract is automatically <br />renewed each year and is in effect for the next ten years. To take the <br />land out of agriculturalpreserve, the o~er must request that the contract <br />be cancelled, and then it will expire ten years later. <br /> <br />In a recent California Supreme Court ruling (Sierra Club et al vs. City of <br />Hayward), the court ruled that such a cancellation of the Williamson Act <br />contract required better reasons than the City of Hayward had given. The <br />court held that contracts may be cancelled "only in the most extraordinary <br />circumstances." The court further said that city councils or county boards <br />of supervisors must make findings, regarding cancellation, establishing: <br />a) that the cancellation is "not inconsistent" with the Williamson Act's <br />purposes; and b) that the cancellation is "in public interest." The <br />opportunity for development is not enough to justify cancellation. <br /> <br />Recommendation: Annexation of any property within a Williamson Act contract <br />will not be approved until the contract is cancelled by San Mateo County <br />with all legal issues resolved, or until the contract expires. <br /> <br />V. RED1BURSEMENT OF FEES <br /> <br />The preparation of the Horgan Ranch EIR and this Specific Plan has required <br />staff time which should be reimbursed by the property owners or developers. <br />As each property comes in with a proposal, a supplemental EIR and Specific <br />Plan fee will be charged which will be based on the proportional size of the <br />project with relation to the total Horgan Ranch. An estimate for the total <br />cost is $5,000, or $100 per acre. <br /> <br />Recommendation: That the recovery of fees be based on the following <br />percentages: <br /> <br />l. APN 059-240-260 7.4% <br />2. 270 10.4 <br />3. 510 17.7 ':" <br />4. 520 9.3 <br />5. 530 11.4 <br />6. 550 21.1 <br />7. 740 0.8 <br />8. 750 0.8 <br />9. 820 10.0 <br />10. 830 1.0 <br />11. 840 1.5 <br />12 850 8.6 <br /> TOTAL 100.0% <br /> <br />- 6 - <br />EXHIBJT V~II_IO <br />