Community Development Department

Contract Cancellation

An owner may request to cancel a Williamson Act Contract, however, the Contract may only be canceled by the Board of Supervisors based on the ability to make specific findings. If the Board of Supervisors approves a request to cancel a Williamson Act Contract, a cancellation fee, based upon the market value of the property, is required. 

You must apply online through San Joaquin County’s Online Permitting System. First time users will need a valid email address to set up an account. It takes about 5 minutes to create a new account.

Step 1: INITIAL CONSULTATION

Applicants are encouraged to consult with Community Development Department staff prior to submittal of an application. 

Step 2: SUBMIT APPLICATION

The following items are required to submit an application:
  1. Indemnity Form with signatures from all property owners
  2. The Recorded Deed/Legal Description of the Property

Step 3: APPLICATION ACCEPTED

Planning staff will review your application for acceptance. Once accepted, you will be sent information regarding payment of the appropriate fee through the Online Permitting System and via email. The current fee schedule is linked in the column to the right.

Step 4: FEE PAYMENT

The following forms of payment are accepted:

  1. Credit Card: Payable through the Online Permitting System or in person at the Planning Counter. A processing fee applies. 
  2. Debit Card: Payable through the Online Permitting System or in person at the Planning Counter. A processing fee applies.
  3. Check: Payable in person at the Planning Counter. Checks must be made payable to "San Joaquin County Treasurer."
  4. Cash: Payable in person at the Planning Counter.

Prior to giving approval to any Contract Cancellation request, the Board shall make either of the findings specified by subsection (1) or (2) below, as required by Section 51282 of the Government Code:

  1. Consistency with Act: The cancellation is consistent with the purposes of the Williamson Act. In order to make this finding, the Board must specifically find that:
    • The cancellation is for land on which a Notice of Nonrenewal has been served pursuant to Section 51245 of the Government  Code.
    • The cancellation is not likely to result in the removal of adjacent lands from agricultural use.
    • The cancellation is for an alternative use that is consistent with the applicable provisions of the General Plan.
    • The cancellation will not result in non-contiguous patterns of urban development.
    • There is no proximate noncontracted land both available and suitable for the use to which the contracted land is proposed to be put, or development of the contracted land would provide more contiguous patterns of urban development than development of proximate noncontracted land.
  2. Public Interest: The cancellation is in the public interest. In order to make this finding, the Board must specifically find that:
    • Other public concerns substantially outweigh the objectives of the Williamson Act.
    • There is no proximate noncontracted land both available and suitable for the use to which the contracted land is proposed to be put, or development of the contracted land would provide more contiguous patterns of urban development than development of proximate noncontracted land.

To cancel a Farmland Security Zone Contract, the additional findings are required:

  • Farmland Security Zone: For Farmland Security Zone contract cancellations, the Board must either make both findings above, or determine that no authorized use may be made of a remnant contract parcel of five acres of less left by public acquisition pursuant to Section 51295 of the Government Code. Additionally, the Board must make the following findings:
    1. That no beneficial public purpose would be served by the continuation of the contract.
    2. That the uneconomic nature of the agricultural use is primarily attributable to circumstances beyond the control of the landowner and the local government.
    3. That the landowner has paid a cancellation fee equal to 25 percent of the cancellation valuation calculated in accordance with subdivision (2).