HomeMy WebLinkAbout79 - 66 PLANNING COMMISION MINUTES & AGENDAS MAY 1979 2 OF 3Planning commission
Minites - May 16, 1979
A Recommendations to revise agricultural preserves
7n-76-1-4,20
Mrs. Blair called the attention of the Commiss:i on( rs to problems
as outlined in her memorandum to them, dated May 1.1 , 1979. She
Pointed out the seriousness of the matter ,and asked
studying. that the), start
BUTTE COUNTY PLANNING COMMISSION
MINUTES April 4, 1979
C . AGRICULTIMAL PRESERVES
Mrs. Talar called the attention of the Commissioners to a letter'
dated. March 12 to the Board of Supervisors, eoPies of which ltd bee'►r
forwarded to the Commissioner earlier and, reminded them that as s0e11
as the General Plan Land lyse Element is adovted that the pressure Will
be on to review the ,agr.:cultUr,apreserves now in existence,
No formal action was taker.
Ik
•
A •
J
� 1
9•
L A.1 LL4 J.% J.JAJL X A 4\.4&. A JJL 114 AA.• &A A�AkJV 4%4ALI 1JUL-A
+ 6ul, Co• planr ; wr-min.
•i ICE OF BUTTE COUNT-' COIZAIL
DEC 1%
TO Agricultural Advisory 'Comm ttee ®reville, California
BY: Robert G. Boehm, Deputy County Counsel
SUBJECT: PROPOSED REVI81ON OF AGRICULTURAL PRESERVES ESTABLISI.I..D BY
THE BUTTE COUNTY BOARD OF- SUPERVISOI S UNDER THE V11LLl&,jSOc;
ACT, GOV &JMENT"CODE §51200 et seq..
DAT,: November 22, 1977
Presently, all ]and in the County of Butte i5 in one oZ 10
agricultural preserves established by the Butte County Board of Super-
visors by resolution on December 5, 1.�,�67,, SS(}e: !resolution 67-1.73, a
copy of which is attached hereto as Exhibit A) This is a proposal: to
revises those preserves for the, reasons and the manner sear forth as
follows
I REASONS NECESSITATING A REVISION OF AGRICULTURAL PMSEr.VES
A. The l e4isl at ive intent, in enacting the Williamson Act was
to preserve agricul.tu.ral lands and prevent premature and
unnecessary conversion of agricultural land to urban uses
because of the importance of agricultural land to the
maintenance of the agricultural economy of the state, to
assure an adequate, healthful and nutritious supply of
-food for future residents of the state, and because of
the -value of agrictatural lands to the public as open:
Space. (See GovernMent Code 551.220.) it is obvious,
however, that all the land in the County of Eutte is not
capabl•o of be -i g used fox agricultural purposes. The
Abri cultural preserves should ,t:horaforc be rovised to
Include, as close as poss1.blo., only 'tho fo lands th�i
Coon,L— 'of but,Le beine put- to, or craps-lbl,e of being put to
C1kJt,f.L etl 1. se 6
ry
•
B. Establishnent of an a;ricultcar2Z preserve under er the
Williamson Act affects the use of all Land 4/ithim
the
Preserve - not just the land v7ith n: a pxestq,:ve under
contract by virtue o' Govtrnraent Code X5123.0 w,tich
provides:
"An agricultural preserve may con
tai�zl l.�tny other than'
agriculturalLand, but the use o!." an la
' y land Within the
Preserve and not under contract shll,
• awithin
thin tt•z�e2rs
of the effer
..t+ive date of an contract on land 1within
the preserve be restricted bzoninc'or other sui
• tab3.e
means in such a ora as not to be ancom
Pat4ble with the
agricultural use of the land, the use of t,711ich is
limited by contract in accordance Waith this chapter,"
[Emphasis added]
SiPce all land in the County of Butte is an agricultural
preserve and at least one contract has been entered into
'within cs.ch
preserve, Compliance withh Govdar
nyment Code
.0512-10 taould result�ntte .
entire County of Butte beim;
re's'tricted by zoning or otler1gi8e to agricultural and cor1-
Pat ib'le uses . To do so
+ , of course, would be absurd.
' C, Implementing the 'l' bo g-��trr�n-Keene-CoI l.0 y � .
er t o %S t a arta tion
teform Act of 1576, Covcrtlr:tctIt
; Code §51100 et se
'q, County 80,1 -rd of. .5ut)Cvjso':s , the
rercrtt
ly placed a l.aree
�rea inthecas�;�:xrt p�•t�t of the county a,tt tx,itttier;
isor�-�.
p ,.tre
26tle8 and vi.l.l: proh,-..1101.y place addi.tiotta,l arers in t%ii
; t
bet
Of',, tltcC,' >
bee 8, llarren:x,
2 •
Keene -Collier Forest Taxation Reform Act, the Williamson
Act was also amended to provide, at the Government Code
§51246:
"No city or county shall enter into a new contract or
shall renew an existing contract on or after. Feb. 28,
1977 with respect to timber land zoned as timber land
preserve. The city or county shall serve notice of
its intent not to renew , the, contract na provided in
this section".
Since no new land conservation agreements may I be executed
in land zoned as timber land preserve and since all the
contracts in land zoned as timber land preserve may not
be renewed After the expiration of their 10 -year terms,
it is submitted that all land within a timber land preserve
zone should be removed
a from agricultural Preserves Vithin
the County.
11 PROPOSED REVISION OF ACRICULTURAL PRESERVE'S IN BUTTE COUNTY
It is PVOP08ed thae all of the Preserves established by Resolu-
tion No. 67-178 be abolished and that new Preserves be established
under the Williamson Act within the County Of, Butte as •foll.o
A. That one Preserve be established for r',j of the land in
the County Of Butte east and south of ;ht following linat,
commencing at the inters,-rtjorj
Of State Rigliway 99 and the
northern boundary of the County of tUttC, thence- S&U.tb.L-.aSt
along, State Highway 09 to the intersection of State R'
ighttv,ay
99 and State Highway 149; thence south along 'State z-Ilgh,,)av
L
99 to the intersection C)Li` State 1!ighway 99 and State e Hi Z h -
3. 0
.0
way 162; thence -east along State HighVray 1.62 to the
intersection of State Highway 162 and State Highway 70;
thence south along State Highway 70 to the intersection
of State High:N-my 70 and Palermo Road thence east along
Palermo Road to theintersection of Palermo Road and the
Palermo-HoncutHighway thence south along the Palermo-
Honcut High;vay to the intersection of the Palermo--Honc.u't
Highway and Honcut Road; thence east along Honcut Road; to
the intersection of Honcut Road and Deans tone Drive;; thence
south along Dunstorte Drive to the intersection of Dunstone
Drive and the southerly boundary of Butte County (See map
of Butte County, area shaded green, attached hereto as
Exhibit B) ; excepting therefrom,
ALTS NATIVI. A - All; areas surrounding the cities of Chico
Biggs and Gridley and Oroville and the unincorporated
communities of lord, Durham, Nelson and'R7chvale, presently'
designated xe8idential%urban, commercial or industrial: in
the Butte County General Plan. (See Land 'Use I -lap, Butte
County General. Plan, attached hereto as Exhibit C),
ALTERNATIVE B - All areas surrounding the cities of Chico,
Gridley and Oroville designated as an urban area in the
Improvement Standards for Subdivisions, Parcel Maps and
Site Improvtnitnta adopted pursuant to Chapter 20 of the
Bittte County Code and all areas surrounding the City o'
Biggs and unz.ttcorporatec communities of Mord, borham,
Nelson and Riehvalo, designated a> resictcnt al %uz•�.ztt�, com—
mercial or: industrial in the. Butte County General Pl,.an. (See
4
i
r
r
I
i
f
fi
i
y
a�
way 162; thence -east along State HighVray 1.62 to the
intersection of State Highway 162 and State Highway 70;
thence south along State Highway 70 to the intersection
of State High:N-my 70 and Palermo Road thence east along
Palermo Road to theintersection of Palermo Road and the
Palermo-HoncutHighway thence south along the Palermo-
Honcut High;vay to the intersection of the Palermo--Honc.u't
Highway and Honcut Road; thence east along Honcut Road; to
the intersection of Honcut Road and Deans tone Drive;; thence
south along Dunstorte Drive to the intersection of Dunstone
Drive and the southerly boundary of Butte County (See map
of Butte County, area shaded green, attached hereto as
Exhibit B) ; excepting therefrom,
ALTS NATIVI. A - All; areas surrounding the cities of Chico
Biggs and Gridley and Oroville and the unincorporated
communities of lord, Durham, Nelson and'R7chvale, presently'
designated xe8idential%urban, commercial or industrial: in
the Butte County General Plan. (See Land 'Use I -lap, Butte
County General. Plan, attached hereto as Exhibit C),
ALTERNATIVE B - All areas surrounding the cities of Chico,
Gridley and Oroville designated as an urban area in the
Improvement Standards for Subdivisions, Parcel Maps and
Site Improvtnitnta adopted pursuant to Chapter 20 of the
Bittte County Code and all areas surrounding the City o'
Biggs and unz.ttcorporatec communities of Mord, borham,
Nelson and Riehvalo, designated a> resictcnt al %uz•�.ztt�, com—
mercial or: industrial in the. Butte County General Pl,.an. (See
4
Land UMap Butte County Genera*Plan
attached hereto
as Exhibit C and, Maps of the Chico Urban Area, Gridley
Urban Area, and Oroville Urban Area, xtnprovement Standards
for Subdivisions, Parcel Maps and Situ: Improvements adopted
pursuant to Chapter 20 of the Butte Cot:titxty Code, attached
hereto, respectively as Exhibits D, E 4nd Z,)
ALTEPd1ATIVE C - All areas surrounding 1;he cities of Chico,
Biggs, Gridley and Oroville designated as urban. areas in
the general plan adopted by each of srtIA cities and all
areas surrounding the coimmunities of Nord, Durham, Nelson
and Richvale designated as residentialoJturban, commercial
or industrial iV the Butte County General Plan, (See Land,
Use Map, Butte County General. Plan, attached hereto as
Exhibit C; Lewd Use Map, Chico General Plari, attached
hereto as exhibit G; Land Use I -lap, Gridley Genual Plan,
attached hhbreto as Exhibit H and Land Use MAP Oroville
General Flan, attached hereto as Exhibit 1. The Land. Use
Map for Biggs is not available._)
DISCUSSION OF ALTERVATIVES Of the three alternatives for
areas to be excludei from the p-reserve,,-i_t is recommended
that Alternative A: be proposed to the Board of Supervisors,
Alternative A %s bused 1.on the Butte County General Plan and
since Butte County is the ,enti.ty establishing the preserves,
its land use decisions;, established by in General Phan;
should probably be relied on in determining wh,)F.ch land will
xbe doVoLed to agridul,turdl uses and which land will be
dcvotrad to other uses. Moreover, the Wi.l.liainson Act, as
x
t
Land UMap Butte County Genera*Plan
attached hereto
as Exhibit C and, Maps of the Chico Urban Area, Gridley
Urban Area, and Oroville Urban Area, xtnprovement Standards
for Subdivisions, Parcel Maps and Situ: Improvements adopted
pursuant to Chapter 20 of the Butte Cot:titxty Code, attached
hereto, respectively as Exhibits D, E 4nd Z,)
ALTEPd1ATIVE C - All areas surrounding 1;he cities of Chico,
Biggs, Gridley and Oroville designated as urban. areas in
the general plan adopted by each of srtIA cities and all
areas surrounding the coimmunities of Nord, Durham, Nelson
and Richvale designated as residentialoJturban, commercial
or industrial iV the Butte County General Plan, (See Land,
Use Map, Butte County General. Plan, attached hereto as
Exhibit C; Lewd Use Map, Chico General Plari, attached
hereto as exhibit G; Land Use I -lap, Gridley Genual Plan,
attached hhbreto as Exhibit H and Land Use MAP Oroville
General Flan, attached hereto as Exhibit 1. The Land. Use
Map for Biggs is not available._)
DISCUSSION OF ALTERVATIVES Of the three alternatives for
areas to be excludei from the p-reserve,,-i_t is recommended
that Alternative A: be proposed to the Board of Supervisors,
Alternative A %s bused 1.on the Butte County General Plan and
since Butte County is the ,enti.ty establishing the preserves,
its land use decisions;, established by in General Phan;
should probably be relied on in determining wh,)F.ch land will
xbe doVoLed to agridul,turdl uses and which land will be
dcvotrad to other uses. Moreover, the Wi.l.liainson Act, as
i
consistency between the preserves and. General. Plan,
Alternative C, relying on the urban lines established in
the general plan adopted by each of the nc0.Tt7ol:8Lted meas
of the county is not a desireable alternative botause the
general plans for the incorporated areas provide for an
agricultural use of some Land within the urban line but
outside of city boundaries. . if exclUded from the preserve,
neither the, county
nor city could enter into a land conscr-
vation agreement for such lands despite the fact that both
county and cl,tl general ' -
plans concur, with respect to
some or all of such land, that it should be devoted to 'an
agricultural use. Alternative B is not recommended since
by relying in part on the xmprovemcnt Standards for
,divisions, Parcel 'Maps and Site lmprovem�nts, adopted pug.
suant to Chapter 20 of the Butte County Code, one would
be relying on decisions R`,out when certain 'improventents will
be required .incident to subdivision and parcel, map a,ppro-
vials, not on decisions directly relevant to the suitability
Of land for agricultural use.
B. `Stoat additional preserves be estab'lislted for the land in
the County of Butte bounded by the lines hereafter described
in accordancc with the criterea hereafter described:
j. Dt;SGRIPTIO'N OF BOUNDARY - All of the land in the
County of T3utt t, bctWeen tho
folla��ranG, ctescra_bed
lino., Oil -the gest by a line con, ctjencin� at the
irlrcr,;aectioto of Sunt -e t -ti jj��,,,y qn and the t,orthen
bottarlary of i.hc County o1; 13Uttc the southeast
consistency between the preserves and. General. Plan,
Alternative C, relying on the urban lines established in
the general plan adopted by each of the nc0.Tt7ol:8Lted meas
of the county is not a desireable alternative botause the
general plans for the incorporated areas provide for an
agricultural use of some Land within the urban line but
outside of city boundaries. . if exclUded from the preserve,
neither the, county
nor city could enter into a land conscr-
vation agreement for such lands despite the fact that both
county and cl,tl general ' -
plans concur, with respect to
some or all of such land, that it should be devoted to 'an
agricultural use. Alternative B is not recommended since
by relying in part on the xmprovemcnt Standards for
,divisions, Parcel 'Maps and Site lmprovem�nts, adopted pug.
suant to Chapter 20 of the Butte County Code, one would
be relying on decisions R`,out when certain 'improventents will
be required .incident to subdivision and parcel, map a,ppro-
vials, not on decisions directly relevant to the suitability
Of land for agricultural use.
B. `Stoat additional preserves be estab'lislted for the land in
the County of Butte bounded by the lines hereafter described
in accordancc with the criterea hereafter described:
j. Dt;SGRIPTIO'N OF BOUNDARY - All of the land in the
County of T3utt t, bctWeen tho
folla��ranG, ctescra_bed
lino., Oil -the gest by a line con, ctjencin� at the
irlrcr,;aectioto of Sunt -e t -ti jj��,,,y qn and the t,orthen
bottarlary of i.hc County o1; 13Uttc the southeast
i
along State Highway 99 to the intersection o�,' State
Highway 99 and Stale Highway 149; thence sou Uh along
State Highway 99 to the intersectIon of Stat o, Hightezy
99 and State Highway 162; thence East along State
Highway 162 to the intersection of State Ri�6hway 162.
and State Highway 70; thence souttl along State High-
way 70 to the intersection of State Highway 70 and
Palermo Road; thence east along Valarmo Road to the
intersection of Palermo Road and the Palermo--Honcut
Highway- thence sov�th along the Palermo-Honcut
Highway to the intersection of the Palermo-Honcut
Highway and .Honcut'Road;'_thence cast along Honcut
Road to the intersection ;of Honcut Road and Duristone
Drive; thence south along Dunstone Driv-e to the
intersection of Dunstone Drive and the southerly
boundary of Butte County-, and on the west by
ALTERNATIVE A A line commenting at the northwest
corner of Township 23,North, Range 2 East, Z? D.B.&, lit
said corner also being a point; on the boundary line
bett�Teen Butte: and Tehama Counti,as : ; thence east along
the north line of Tot.mship 2.3 North, Range 2 East,
and Township 23 North, Range 3 East, to the north-
east cornea of Section 4 of said Towmshi.p 23 North,
Range 3 East,, thence south along the east line of
Sections 44, 9, 16, 21, 28 and 33, 'to the south ;Lime
4
of Tm shi.p 23 Ji orth, Range 3 Utast, ,said point also
r i being the northeast corner of Section 4, TMM8hip 22
North, Ran n 3 Vastil thence coatinufing south along;
i
the east line of Sections 4, 9, 16 and 23, to the
southeast corner of :Section 21, said corner al oo
being the northwest corner of Section 27 of tho
aforementioned Township and Range; thence east
along the north ?gine of Sections 27, 26;, 25 and 30,
to the northeast corner of Section 30, said point
also being common to the nor thvies t darner of Section
29, Township 22 North, Range 4 East; thence conti,nu--
ins east along the north linea, of Sections 29, 28, 27,
r ,
26, and 25 to the northeast earner of Section 25,
-said, point also being a point on the east lime of
Township 22 North, Range 4 East; thence south along
the east line of Sections 25 and 36 of ToTmship 22
North, Range 4 East, to the southeastt-corne-r of
said Tovm,ship, said point also being the northeast
corner of Township 21 North, Range 4 East; thence
south along the east line of said Township to the
southeast corner of Tmtnship 21 North, Range 4 East,
y
said point a'1sc dieing the northwest corner of Town-
ship 20 North, Range 5 East; thence east along the
north line of Township 20 North, Range 5 East; to,
the northeast corner of said Tomship; thence south
along thy:"east line of said Tormship to the south-
east corner of said point also being tha northtv-ast
corner of Section 6, Tounnshi.p 1.9 North, flange ,6
East; t:hc ncc south along tho host line of Section,
6 and 7 of Townshij) 19 tiOvt.li, 'Range 6 Nast to ;he
southeast corncr o.E Section 7j thegce `East rilong
8
ANN.
the South line. of Sections 7, 8 and 9, to the
north quarter corner of Section 9, ToTmship 19
North, Range 6 East, said pol.nt being coinciden
e 0 t
with the boundary between Butte and Yuba Counties
and the end of the line described therein. (See
map. of Butte County, area shaded Yellow,'attached '
hereto as Exhibit B).
ALTERNATIVE B - The 1,800 foot Contour line as
described by the.U.S. CoastandGeologic Survey
maps for Campbell Mound, Richardson Springs, Para-
dise, Hamlin Canyon, Cherokee, Betty Creek, Lake
Oroville and Forbestow�zi.
DISCUSSION OF ALTER14ATIVES - Alternative A is
recommended for pruposal to the Board of Supervisors
for the reason that the line established by Alter-
native A is mor I e definite than that established by
'Alt=ernative .B and effectively deline4tes those area8
in -the central and east parts of the county poteft-
tially suitable for use as grazIng rands from those
areas In, the eastern part of -ILILI county y suitable
for use as timber land and likely to be included
within a timber preserve zone under the Z'bor,-,:,
Warren-Ke6ne-Goll'er Forest Taxation Reform Act of
19764 The 1,800 foot contour line relied ttpot, in
Alternative B is the ,d3.v'
Ldine, line betweea deciduous
and coniferous trees. As a theoretical matter, it
more accurately dcftrmines which land I
the cGntrIl and cast: part-, of tho d0UntY is sul".Lable
for use as grazing land and which land in the canLern
part of the county is suitable for use as ti,mbet land.
However, in practice, this line may he very diMcul.t
to establish with respect to a particular piece of
property and for this reason is not recommended,
(ii) CRITERIA
ALTERNATIVE A Separate preserves be established for
all land within the above described boundaries either
presently under as contract or hemittea found capable
of sustaining a commercial agricu_ operation in
P� .
Ardance with the 8taL ds to ,')lished,
ALTERNATIVE B Separate preserves we established for
all land, in the above described boundaries found capable
of sustaining a commercial: agricultural operation under
standards to be established, whether or not such land
is presently under a contract.
bISCUSSION OF ALTEP'INATI 'S Whereas almost all of the
land in the area proposed for a preserve in 'mart xx A
of this memorandum is capable of sustain:.ng a legitimate
commercial agricultural use, even on a small scale, not
all of the land within the area rlescri.bed in 'Part 11 B
(i) of this memorandum is capable of sustaining a
'onr.cla-1- agrictitural use. The agricultural use of the
land within, the arca described in Fart it B (i) of this
iiiemora.ndum is, for the most parr, li.m%t,ecl to use -s
r
grazing land, a -vevot, a stibst a.nt.ial �jmouat of tills-
land
illsland cannot be used as gra::ing I'Ind on -Aiegit"mato
• 1p
y
commercial basis •In establishing preserves within
-the area described in 'Part II B (1) of this t cdum,
standards are needed .for determiulga which Land is
capable of bung used as grazing land on a, legitimate
commercial basis and which land is -not.. Government
Code Section 51231, specifically authorizes the Board
of Supervisors to establish such standards, And both
Alternative A and B are similar in that they provide
or such standards which will have to be formulated by
the Agricultural Advisory Committee before making a
proposal to the Loard of supervisors.
Alternatives A and B differ, however, in the
treatment of land ;*ithin the area described in Part II
B M of this memorandum already under a contract: Under
.Alternative A all Land under the same ownership and
presently subject to a contract would be placed in a
separate preserve whether or not it met the standards
established for determining whether such land is capable
of being put to a legitimate agricultural use,. Ur,4der
Alternative B, a separate preserve would be established
w for all Land tinder the same ownership end presently
subject to a contract only if such Land meets the
standards est'ablished•for determining whether such 'land
is capable of being put to a le itimate cork,:arciax
agricultural use,• Alternative B is the preferred
Alternative from the stat+dpoint_df furthering the purpose
of the C,Till,iamson Act 1I0t'tever, a major facto: to bo
ll. '
.�K
v
considered in choosing between Altetnat;ive A and
Alternative B is the tar, consequence Which will result
if land presently under contract is removed from a;
preserve. As more fully discussed in t'atL III of this
memorandum, removing ].anal presently under'contract
from a preserve has the same effect as a 'notice of
non-renewal and thereafter WoUld be assessed at a
higher level than would be the case if the land still
were in a preserve even though the land is still sub
J
`ect to an enforceable restriction ,for the remaining
term of the contrast. Alternative A is recoLmiended
for proposal to the Board of Supervisors.
B4 That noreserves be est
p � established for all of the land eastor-
the
fthe following line
ALTERNATIVE A - Corunencltg at the northwest corner
of Tovmship 23 North, Range 2 East, M. D. B. & 14 > sari
.
cornet,also being € a point on the boundary line bets, een
Butte,, 9nd Tehama counties* 'thence east along the north
1'ne of Tomship• 23 North, Range 2 East, and Township
23 North} Range 3 East, to the nortwheas,t corner of
1.$Ltt.ion 4' , Township 23 Narth, Rnnge 3 East), thence
south along the east line of Sections !if 9 16, 21, 25
and 33 to the south line of TOWnsh.tp 23 North, Range 3
;dsLr said point also being t1le northeast corner of
Section 4, Toernship 22 North, Range 3 E'.st; thence
contatluin
g south along the east line of Sections l,, 91
1:3 and 21. to the southo,i ,,L ca ►e7: o~C Sectx
on 21) said
t
corner also being the n.orthFres t corner of Section 27 ,
of the aforementioned To�•mship and Range; thence east
along the north line of Section 27, 26, 25 and 30, to
the northeast corner of Section 30, said point also
being common to the noroh«est corner of Section 29,
tbwrish p 22 North, Range 4 East; thence continuing
east along the north line of Sections 29, 28, 27, 26
and 25 said point also being a point on the east line
of Township 22 North,•Range 4 East; thence south along
• the east line of Sections 25 and 36 of Township 22
No:-th, Range 4 East, to the southeast corner of said
Township, said point also being the northeast corner
of roc.rnship 21. North, Range 4: East; thence south along
the east line of said Township to the southeast corner
of Township 21 North, Range 4 East, said point also
being the north-gest corner of Township 20 North, Range
5 East;; thence east along the north line of Township 20
i
North, Range 5 East to the northeast corner of said
Township; thence south along the. east line of said
r Township to the southeast corner of said point also
being the northwest corner of Section 6, Dov --,`;lip 1.9
North, Range 6 East, thence south along the ;gine
of Section 6 and 7 df Tom8hip 1.9 North, Range
to the southeast corner of Section 7, whence east alon,d
the south 11aa of Sections 7, S and 9 to the north ,
y
quarter corner o..f Section 9 Tovinship 19 Morth, Range 6
"
13,
•
East, .raid point bung coit.cident with the boundary
". between Bunte
and Yuba Cotjr,;tles and: the end of the
line described herein. (See map of Butt o COUrIt
y, area
shaded red, attached hereto as Exhibit B)
.AT,TEta1A7'7IT g
- All lend east of the '1:.800 font contour
line as dLs,cribed in the 1.,S. Coast and C1e;odeti:c an Survey
Maps for Campbell Mound, Richard8on Springs, Paradise
Hamlin Can ,
y , Cherokee, Eer�j;,y ( p, :eek, Lake Oroville
a11u Forbestorm•
D18cuaSIw OF - A.LTERNATIVES - 'The above alternatives
:are the
same alternatives for the eastern boundary of
the crew described in p"art 11' B j,,j) of this memorandum.
Since it is intended that no preserves be established
in the area east or- the areal des c:rJ,1:;,-d in Par. C I1 g (i .
of thisme
memorandum, the alternativ(a ' Olec; ed Enr t°he
westerly boundary of that~ area ?hould be tkte sari.
t�,
' alternathat,
area
selected from the abo,,
IIS EFFECT OF nNOVING LAND UNI)El,, CONTRACT Ft.0i1 A P ErE
The removal of land under contract from an the count agricultural re
is er�ui.va.J.ent to a notice of non-renet�yal b.✓ , p se"rve
Government Code Section 51236 rah' ch provides:*
irovdes : y candor
x,'
`'The effect of removal of land -under cunttadt from
an a&r' cultt'Cal shcil ., b ' e �t
� rtt:.. ecjltlV',�.,, e t O
notice of nort-rereral by
the caunLy or city
the land Prov, the agriCUIUtral p:: e8etve and strclj
count or
y city shall, at lca8b 60 days prior to the
. net;t renewal date POJ -lowing
the �moval sct ve notice
l Ct
non: -renewal as prova.dec 1 Section 51245. Such
notice of non -renewal shah. be recorded as provided
in Section 51248".
Having, in effect, given -a notice of non -renewal by removing
the land under contract from a preserve, the land remains
subject to the enforceable restriction of the contract for
the remaining' term of the contract by virtue of Government
'Code Section 51.246 which provides:
"If the county or city or the ltr.nd owner serves
notice of intent in any year no, -
.,to renew the con-
tract, the existing contract shell remain in effect
for the balance of the period remaining since the.
original execution or the last renewal.of the con-
tract, as the case r".µy be."t
N� It should be kept. in mind that, pursuant to Governm..nr. code'
Section 51.244,, on the anniver;_ iry date Of. any contract a year
is added automatically to the initial term of the contract
unless a notice of non-renewftl,is given. Removal of land
under Contract from a preserve will therefore result in the
land being enforceabl r restricted
pursuant to the contract
for a period of 10 years from the date the preserve is abol-
ished.
Because of the removal of land under contract from a
reserve is in effect a notice of nonrenewalu
P ., such action
will also have property tax coase uences to the
owner O
the land by virtue of Revenue and '.Cwtation Code Section 426
which pravidcs
15
y
"Votwithstandina any provision of Sect on 42,3 to th,
y, if eithEr the county of city or the 01,1ner
'.land subject to contract o
, 'agreement
or open -s scenic res�:r,Lctxott,
pace easement ' as
sewed notice of nonxMtoual
as provided in Sections 51.091 or
5].245 0rL the Gorrotn;iont
Code; the board.,
for purposes at .curve
Section 1.815 Ys required by
, and the county assessorsw
land as s alb, value such
Provided in this section.
(a) If the oainer of
.land serves
or the count notice of nonrenewal•
y. or city serves notice of nvnre
net,7al and the otmer
fails to protest as Provided
'n Section 51051 or 51245 of the Govrntnent Code
subdivision (b) shall apply i ivnediate J
'count
Y ly• if rhe
or cit •,
Y serves notice of
nonrenewal and "
the owner does protest as providedin Sections
51091
or 51245 of the GoVernment Code
(b) shall. a subdivisi
PpIY when less than six years remain
I ntil the teamination of the period for yr which
the land is enforeeably restricted;
(b) INThere any of the conditiolls in subd'
ivision �a)
apply, the board or assessor -a I
in each
the term.nation Of the Period Year until
is enForceab�,. for which .the:. land
Y rostricted shall.:
(1) Deterrmitte tete full caste value
Of the
land as it it "'0*4e not subject to
ert.orceably restx.cto
(2) bctormne the value
of tho land by
f
capitalization of income as provided
.n Section 423 and without regard to the
existence; of any of the conditions in sub-
division (a;
(3) Subtract the value determined in subdivision
(b)(2) by capitalization of income from the
full cash value determined in subdivision.
(b)(1);,
(4)
Using the -rate announced by the board pur_
stiant to subdivision (b) (1.) of Section 423
�`.
;discount the amount obtained in subdivision
'
(b)(3) of this section for the number of
years remainitg until the termination of
the period for which the land is enforceably
restricted;
(5)
Determine the value of the land by adding
the value detex'mnec7 by capitalization of
income as provided in subdivision (b)(2)
and the value obtained in subdivision (b)(4)
and
(6)
apply the ratio prescribed in Sect4.on 401
to the valve of the land determined iri sub-
ubs-division,(6)(5)
division, (b) (5)to obtain its assessed value.
The net effect
of p,evetuc and Taxation Code 426, is to
cause all land
under, coritraot removed from a preserve,, except
i
land .also incluCled
in a ti�;ber presorve Abney to be ta"ed
more than land
under contraat t%"Ilch is not removed from a
174
preserve. Regardless of whether or
not it is removed from
an agricultural preserve, land under contract which is also
included in a timber preserve zone, 1.7i°ll, under the provi-
sions of Government Code Section 51216, be taxed as fol.lo;gss
"Notwithstanding any other provision of laV7, cQjjt-
ing
mencwith th
A e
lien date for the 1977-78 fiscal
year all timberland within an existing contract
which has
been nonrenewed as mandated by this sectio,
shall be valued according to Section 423.5 of the
Revenue and Taxation Code, succeeding to and inclu-
ding the Lien date for the 1981-82 fiscal. year,
Commencing ,` '
A with the lien date for the 1982-$3
fiscal year ;and Succeedin
. g `unta;l the end of the
contract, such timberland shall, be valued according
to Section n 426 of the Revenue and Taxaton'Code.
� s
Commencing with the lien date next succeeding the
termination date of the contract, and on each lien,
date thereafter, such timbe.rl.and shall be valued
according to Section 434.5 of the Revenue and Taxa"
tion ,Code
It'has been suggested that because it is unfair to tai land
uftder` cofttract removed from a Preserve at a,higher rate
than land under contract still, with, a preserve while
stall; keeping the lard under coitract re
Moved :ru -
M a pre, .
5,P'wtye enforceably `est,Ljctctt for the romFii.ni cg term at the
contract, the owner of sttc'.I land should be offeeod the
option, Of cancelling g their cont}:~act uft ia�! the provi.,8i000
}
of -Cover it Code Section 51282 an pon car�c
ri� * ellation, the
cancellation fee be waived under Government Code Secttorl
51283(c). It is our opinion that, upon removing land wider
contract from a preserve, a valid basis for cancel'Utig the
contract could be established under Government Coda tinction
5282. But it is our further opinion that waiver of the
cancellation .fee would not be,.possible LecauSe tha Eol.lot,7ing
finding, required by Government Code Section 51.253(c)(1)
and necessary to the waiver of a cancellation fee could be
made;
"The cancellation is caused by an involuntary transfer
{ or change in the use which may be made of the land
and the land is not immediately suitable, nor will
be immediately tised, for purposes which produces a
greater economic return to the owner."
i Hence, the effect of removing land under contract from a
preserve would be to keep the land en.forceably restricted
for a 10 -year period following removal and result in a
higher tax rate to the owner of the land than if the land
were not rem6ved from a preserve which cannot be effectively
ameliorated by an attempt to waive the cancellation fee.
IV, 11ROCEDURE TO I;E VOLLOVT8D TO REVISE AdRIC JLTURAL PkHtRVE5 UNDER M
THE WILLIAMS OR ACT
The following procedural steps should be followed in
connection with the revision of '8utt±e Countyt8 agricultural preserve:
A. Obtain Board approval to reconsideration of agxi.cultura7:
preserves, (This is not a legal requirement but is
probably appropriate considering tha political rami.fi�
i
0
cations 'of abolishing some preserves and the investment
of manpower necessary to such a project)
B4 Submit the proposed revised preserves to the Butte
County Planning Department' for a daterminati.on whethor
the proposed preserves. are consis bent with the Butte:
County General Plan (Government Code Section. 5]_234),
C. Submit the proposal to the Butte Coati y Environmental
Revietq Director for pre:° °ration oR a draft ETR.
D. After the draft ETR is cotjipj,ut-, n.. :'.�. �e v copy of the
draft EIR with the planning depart;monL, f ';bac � ,yot'ce
of.completion of the EIR with.the State Resources
Agency and County Clerk; and publish notice oil comple-
tion of the, ETP. in accordance with Government Code
Section 6061.
E. Schedule 'the matter for a hearing before the Board of
Supervisors and prior to the hearing give the following
required notices:
(i) Written notice of proposal to revise the
preserves -to LA CO and to each incorporated
City within the County of Zo.tte at least 2
weeks prior to the hearing. (Government Code
Section 51233).
(i i) Give notice of, nearing by aw: , a.fied taail to
oach o�rctcr
01 -Lala sub ° ec't to a ,
J contract
proposed to be removed fro+ aft agr'a.cuI'tural
preserve mid no ticc b,y.. first 61as s ttiail. to O y c';
2�.
s
Owner of laud which has a. common boundary with the
land under a contract proposed to be removed from e
preserve. (Government Code Section 51232),
(iii) Publish notice of the hearing on the ST.zt and on the
Proposal in accordance with Government Code Section.
6061 (Government Code Sectiort.51230)
,y��'r:t�'+
0O�JtIts J X4C r� 7
'iii " � II1i CC� � t\ + , f
�« T��
��,1'r�. ��ms_Nz�:. man ,y: "`�+ur i�'•�%, ,�"��: �
GdNIIV1UNITY DBVlI,Jt'MCNT AGENCY
292 West Bes►tner Street
Woadland, GA 95695
March 5, 1982 Telephone. (91,6) 666•8556
Butte County Planning Department
Charlie Woods nu}Po Co. Worming Obo*
#7 County Center Drive
OrOVi l l e, CA. 95965 MAR 8 1982
ArOA110, Califon].
Dear Mr. 'Woods:
We Would like to thank you for your assistance in provi dli ncJ
information used in preparing the attached draft report, if
you have any further suggestions on how we presented the
information; please contact our office.
Very truly yours,
JEFF L.8. NEN) HULSE, Director
Community Development Agency
DAN HENDRYCKS
Associate Planner
JLBH:DHtlr
Attachments
CU, kR9NT PLANNING AbVANCE, 140u51NC Fk
OItbNAt4U tyhMOPMENr PARK$ PLANNING
666 6556 666/5531
hUILbINC& 511'E huhLIC hu1LbINC
Ifr5RECTION AItC. #rEctUR;AL SEF1ViGh9
666+9531 666.9531
,
•�/`; ' .. ``1
a,.x . .>,.z.* •.�4
COIVIlvtU1VI'Z"y UCVL"1,OPM'IrNT AGENCY
292 West 1eArner Street
Woodkild, Ca 95695
March 3, 1982 Telephone: (91616156-8556
Honorable George P. DeMars, Chairman,
and .embers of the Board of Supervisors
Subject: Authorization to Proceed on Studying y9`�.� IIr? -i I
Alternative Solutions for Land Division
Problems in the Agricultural 'Prese'rve Zone Rf""Ir"GS-1E OI ILY
Dear Chairman DeMars
The Community Development Agency has recently been requested to review several
applications for land divisions in the Agricultural Preserve Zone. In reviewing
these requests, it has become necessary to review our County policy regarding land
divisions of our farmlands which are under the provisions of the Williamson Act:
The following report consists of three sections;
1 Identification of the needs for division;
2. Summary of other counties' approaches to land division
Of agricultural lands;
3. Request for further study:
Let us caution the Board that if authorization is given for the Community
Development Agency to proceed with the report, it may be up to three months
before we can report back to the Board, We envision several study and work
sessions with the local Farm Bureau, Resource Conservation district, Flood
Control District and other interested parties.
If the Board determines that the existing practices and policies regarding
land divisions in the Agricultural Preserve Zone are adequate; then no further
action would be nAcessary;
Identification of the Needs for a Land Division.
816 Xreti` sons can
nod Abe Agted ricultural l td►^fl forlandowner
l andowner requesting thedivision of property
whichrve and under the Williamson Act,
1. Separation of an existing dwelling from the agricultural fields;
2. Separation for a riew dwelling from the agricultural fields;
3: Separation of a building site for more than one dwelling;
CUItReNrPLANNINC w AbV,Wcf IioUsiNu 1
8 UEVf Ltyl°t`"i8N7 i�ARRS PLANNINr; BUILIiINc SiTE PUh1 i� bU1LbiN
bbG 8ssb INSItCTIUN
66b•>iSs7 0*11 r8C rUlk L 88hVicts
ttbINAN� 6b6 S$31
666.801
A
Coutr '' JF YOL
COMMUNITY'DEEV. OPMENT AGENCY
292 West l',.imer Street
Woudlaut , CP 95695
Board Of Super\ sors
March B, 7,982
PAGE 2,
4. ')ivision of lands for agricultural purposes only;
5. Division of land to be joined to an ad,jaient landowner's field;
6. Division of land for speculation purposes.
In each instance, the landowner is placed in a situation where, for tax
purpo!.es or c--onomic reasons, the division of the propertf.v may enhance the
value of the subject property to the landowner, make it I o mlrketable or
make ^'Incincing easier. From Yolo County's perspective, ; uotontial for the
creation of future homesites on lands primarily used for ultural activities
has created Problems for farmers. The hours of operatic arm equipment,
harvr;ting and hauling activities, and aerial application.sticides or
„ti -c!' chemicals contributes to the conflict between non-farm related housing
and farmers: The proposed study will review each reason and propose a solution
for tach situation,.
Sunman of A- roaches of Other Counties to Land Divisions,of Agricultural Lands.
Afte^ a survey of 10 California counties, we discovered land divisions of
Williamson Act contract hands are generally enforced through the minimum
parcel size established through the zoning ordinance. Of the counties surveyed
Butte, Sacramento, Fresno, and Yolo counties regulate minimum parcel size dir-
ectly through the Williamson Act contract provision by requiring rezoning to
a i0 nimum parcel size at the time the parcels are entered into the Agricultural
Preserve. The remaining counties have selected to enforce Agricultural Zoning
i nd� pendent, of Williamson Act contracts.
Another question asked during the telephone survey concerned the method each
county used to address more than one dwelling on an agricultural parcel. All
cOLOties surveyed allowed for relative or farm employee dwellings as accessory
U808. Most counties required a use permit for more than two dwellings on any
one lot: Sutter County and Butte County have placed deed restrictions on re-
maining lands; after the division of property to segregate a buildable home
site, to retain it in perpetuity for farming and not allow the construction
of another dwelling='
Four counties surveyed developed criteria for recognizing a new farmable
parcel based upon economics, Sacramento County developed in 1978, through
a study of farming activities, a definition of "Viable Agricultural Unit
Solano County do -,doped a definition of "Economic Farm Unit" Tulare County
prepared a study and developed the term "Workable Farm Unit
COUNTY OF YOLD
COM
MUNITY DEVELOPMENT AGENCY
292 West Beamer Street
Woodland,05695
Board of Supervisors
March 3, 1982
PAGE 3
If authorized, staff will review the approaches other counties have Used to
review land divisions of agricultural lands; The report's recommendations
will be reviewed by the 'Planning Commission and interested persons before
it comes back to the Board for your review. The attached table presents
a summary of the results from the telephone survey,
THEREFORE, it is recommended:
1. That your Board direct staff of the Community Development Agency
to prepare a report identifying problems of land divisions in the
Agricultural Preserve zone and propos,: solutions to those problems
and that this report be a top Priority project for the Agency,
2. As an alternative, that the Board determine the present policies as.
enforced by the staff of the Community Development Agency are
adequate at this time and land divisions in the AWP Zone are to
be discouraged unless the present criteria used i,n evaluating
such requests can be met.
Very truly yours,
JEFF L,B (BLN) HULSE
Director
JLBH,DH`l r
SURVEY OF SELECTED CALIFORNIA COU11TIES LAW DIYISION'POLICIES FOR
LANDUNDER' THE WILLIAMSON ACT March 1982
COU14Y
Does Williamson
Act Require Min-
Does Zon.ng;
Ordinance
Does General
Criteria For
Are Additional
imum Parcel Size?
Enforce Min-
Pian Enforce -
Land Division
is Eased. Upon
Dwellings s
NOTES
imam Parcel Size?
Lot Size?
Lot Size?'
ATlowed?
BUTTE
10 ac. orchard:
Yes
4G ac. row
4�p
Yes
In process of
Zoning only
Yes; Use Permit
160 ac- grazing
-
lieing updated
Or Accessory Use
- :el,USA,
na
Yes A -P-80 acre
MIn-
E-A-IO nine
los.
Zoning only
Yes; Accessory Use
For Relatives & Farm Hands
Zdr ac� valley
k��rtD'
l'es_
door
40 aa- Foothill
Yes AE-20
VES;
Inter -Departmental Memorandum'
TO: Plannift- Commission
0
FROM; Bottye Blair, Director of Planning
SUBJECT,- General 'Plan Land Use Elenent T)iagrram , Agricuittiral Preserves
DATE! July 17, 1979
Since the Planning Commission again has the opnortunity to
discuss in depth the Land tJse Riagram it ivould'be appropriate
for the Commission to consider the conflicts that
1 currently
exist regarding the existing lgrictiltural Preservaq and, the
regarding
Plan.
As you will recall on. April d, 19791 the Planninq Commission
received a COPY Of the letter to the Board of Si,L"
,)ervisors
from. the Agricultural Advisory Commi�sion regarding their
concerns OF possible amendment to the Agricultural ?)reserves
as now cstablishe% and they mjj
e the following, recormnendatioTis
That the agricultural Preserves as no" establ,ished
0,
110 retained with the C 3, 11OWing mo,, . I
Hficatiors;
fto Eliminate incorporated areas of the cities,
b. Eliminate 'Ile urbanized already slibdiVirled
out (10 acrez or less),
C. Delete areas designated as urban on the General
Plan:
T.)eleto areqs 1reine;nu! i'111-0 tile T171?cr Preserve
pct.
T1108e recommendations, unfort�inately reached the r -lo -
I Irlissibit after
L -he Commission had Eorwarded -ion -0 , the Board of
5 their recoinnondqtl L
upetvisors revarding, the General Plan amendment, but it would be
approprViote jjot�j to Consider the r ecormendat ions 0�.
Commission the Agricultural
The r0C6r'MCndat'Ons Of the Agricultural ronriissior wolila require
revisions to tile existin, pr"esorves and pr'or to A L h u 0,
ard or
modi6yijig any agricultural. preserves a report hust- be
L -Iti-
L
submIitted 11NY the Plarin.l.nrr ' .0 consistent' or
incofts i3tency. with the riilemp.nts of the rionerttl Plan, TjIarnli-Ornia
noVernmont Code 80ction 51210 Titled, "E:Stfthlis�lmellit of Preservesr'
Provides for inclusion and restr-fiction of non-ag-icultaral lands
tlirit 1. �
1�'0111J be 1,,ithin an atricijtjiraj 1,)ers'. orve and states
"An agricultural Prl^'�017VO naV Lontain land ot�er than 8�-H'ctltural
laft(l, but the use OF 1, -Inst jv,.,Lthi�n ' tile Preserve and not under
contract within tU10 years of the cffo
_ct
any con.tr
act ot
land within the Pm,,cr" 'her or other saitable
rto-An8 in Such a way fts to not he incollraiiblo wl'-'I the 4,gricultutal
Planning Commission
Page -2-
July 17, 1979
use of land, the use of which is limited by contr{,ct in accordance
with this chapter":
The Planning Commission, in order to rind the Agricultural PreGerve
in conformanity with the General. Plan, should recommend modiftion
of the existing preserves. These modifications would not be .e same
as those recommended by the Agricultural CommissO114
Staff is unable to determine in reading 'tl-e GoverAtnent Code that
"Findings of inconslistency,, with the General PlttI, would prohibit.
the establishment of agricultural pres(.rves but t'jtr�:, �"ommission
must keep in mind the additional requirement Bial,, "Jar+d other
than agricultural land be restricted by zoning or other suitabl
means in a manner to not be incompatible with the agricultural
uses".
Staff's major concerns are regarding t
ural uses of land, he rural, residential designation
and the consistent zones that might not be compatible Avith agricult
T'e Governmont Code Section 51201 definition states "Compatible
Uso" includes agricultural use, recreational use of o s ace
'Ise unless the board finds other -Findings after ' notice penP
and hearings
that such use is not Compatible with the agricultural, recreational,
or open space use which the land is restricted by contract:
Tile board of Supervisors by Resolution 63-7 which established the
administrative procedures and uniform rules including compatible
uses for agricultural preserves stated compatible uses:
1, Single-Cami y dtvellings,
2i General farming, horticulture, camMcrcxal livestock, poultry
production, warehousing storage.
3 Accessory buildings and uses Pertintent to the permitted
uses including agricultural Processing plants.
44 t-iousing facilities (including trail,,,rs) accommodating
only agricultural employees and their families employed
b`r the owner or operator of the Promises and, provided
further that such housing fa,—LlYt�.es sha"11 be considered
accossory to the main building,
5 Standard display for sale of a.gri
the premises agriculturalagriculturalcommodities
produced. on tite promises , Sales of product=s produced of -0,
prov ided that the sale of such products is
incacle��ti�tlly soconrtaty to the sale of agricuitura'l
products Proauc;ed on the premises.
Os Compatible Uses
s_
a
Planning Commission
Page -3-
July 17, 1979
a. The building for hydrocarbon, including, installation
and use Of such equipment,
structure and facilities
as are necessary or convenient.
b. Public unlit Y public service, including structural
uses and buildior ngs.
c. Airport or aircraft landing facilities.
d. Farm labor camps.
e. Any other use determined to be compatible use in
all
agricultural preserves by the Board of Supervisors
after public hearings, ten (1n) days
publisher) notice
and after such notice to any as they may specii'y, and
after such
use deemed to be compatible use in any
agricultural preserve,
7. Other uses:
a. Sand and gravel; operations subject to the securing of
a use permit approved by the
County.
Staff would recommend that the Comm�ision
Land Use Element Diagram to the
supervisorsrbeointo
a positiongtohc
mak; a recommendation regarding the Agricultural
any modifications thereto. preserves and/
/fir
Intoe, -Departm I ental i emorandu
TO Planning Commission
FROM: Bettye Blair
SUBJECT: Meeting of May 16, 1979,.AC Preserves
DATE: May 11, 1979
Attached is a dory of the memo from County Counsel. in November,
1977 to the Agricultural Advisory Committee regarding agricultural
preserves. The memo is self-explanatory. The Planning Commission
should review any proposed revision of the agricultural preserves
for conflicts with the Butte County Cenexal Plan:
Prom the Statement iii Paragraph B, on Page 2, of Counsel's memo --and
these are direct quotes from the Government Code—that the existing
agricultural preserves must be revised.
The Planning Department administers the Land Conservation Act Com
mittee and the Committee makes recommendations to the Board of Super
visors regarding Land Conserva°ea.an contracts The Planning n rector
has Poet with the Agricultural Commission, informing them of Counsel's
concerns regarding the Agricultural Preserves and requestedtheir input
regarding revisions to these preserves.
The Agricultural Advisory Commission, oil March 12, 1979, made the
following recommendations:
That Butte County Retain Agricultural Preserves as now established'
tdth the following modifications
I. Eliminate the incorporated areas of the cities,
z. Eliminate the urbanized areas already subdivided out,
(10 acres, or less).
5. Delete areas designated as urban on the General Plan.
4 Delete areas being put into the Timber Preserve Act.
These recommendations are somewhat in
�.' conflict with those of County
Counsel's Office but must be considered in ,any recommendation to the
Board of Supervisors on modifications thru the arecommendat
Preserves'.
The General 'Plan Band Use Element as
would not achieve all the recommendationspOfetheed yAgricultural the gA.dvisoryion
Commission With the areas of rural residential as proposed, since the
rural residential category provides for zones that would be incompatible
with agricultural. uses.
Alternatives should be discussed and recommendations formulated for the
Board of Supervisors prior to hearings on possible revisions to the
Ag Preserves,
The General Plan Urban Areas $ etc.
} f ma , I s referred to in the memo
have not been included but will be available at the May 16 meeting,
BBJhd
Inter-Departm.0111fill; Memorandum
Tol Planning Commission
FROM: Bettye Blair
SUM ECT: Meeting Of May 16, 1979, AG Preserves
DATE: Nfily II �, 19 79
Attached is a copy of tile tttomo f-270111 County Counsel in November,
1977 to tile Agricultural Advisory Committee rogarding agricultural
1)1*08077'ves The memo is self' -explanatory. The Nanning Commission
ShOUld rcvlclv any Proposed revision Of the agricultural Preserves
:rOt. conflicts 'V'th the Butte County General Plan,
VVO111 the Statement in Parng-1,-aph 13, oil Page z, of Counse
those are direct quotes (*,,,,Om tile GIOlre,41,11nen I's 11101110, --and
� t C
agVicultural preserve,,; 1111,1,st be revised.ode--that the existing
The Planning Departmeilt ,telplinistels -"h -1
e Land Conservation Act Com-
mittee and recommendations
the COM111ittee makes " to the Board of Super.
Visorsrogai, -ding Land Conservation contracts, Th, Planning Director
11'ets met with the Agricultural Commission, informing them of Counsells
C011cerns regarding the Agricultural Preserves and requested their input
regarding revisions to these n
10SO Preserves.
The Agricultural Advisory Commission, on March 12, 1979) made the
following recoMmendat i oils -
That Butte County Retain Agricultural Preserves as 11OW established
Ivith the following modifications
1. 131iminate tile incorporated areas Of the cities.
eliminate tll(, urbanized areas already subdivided out,
(10 acres, OV less).
31 Delete areas designated as urban on the General PI, -111,
4; Delete areasoillg
1) , put into the TimbeT Preserve Act.
These r"0111m 011d,Itlons are somelvIlat in conflict With those of Count
Counsel's Office' but Must be considoTed. in any recoinn
Board of Suporv*sOr3. iendation to ty
ile
Js on 1110dif&catiOns thrU the agricultural presejVes,
as Proposed by the Planning Commission,
The General Plan Land Use 11,lemellt,
would not achAevo .1' s 0
11 the recomiliondqtjons of the Agricultural Advisory nj
Commission with the areas of rural, residentlal
rural rosiden as; Proposed, since the
t*al category Provides for zones
With agricultural -ones that Would
ural uses, be incompatible
Alternatives should b
Board Of Supervisors 0 discussed and recommendations formulated for tile
r
prio, hearings on possible revisions to the
Ag Preserves, to 110L
Tile General. Plan, Urban Areas, maps, Otc referred to in the memo
have not been included but will, be available at tile May 16 , meeting,
Wild
T ff
r
BOARD.OF SUPERVISORS
COUNTY OF BUTTE
REFERRAL NOTICE
Date _ March
93P-197()
To: Planning Commission
Subject;
Memo from A ricultural Advisor Commission re:: r(!ndati,ons for
the retention of agricultural preserves:
has been
referred to you:
XXX
Please study the matter.
XXX
For your information.
Please tate the following action:
w.` ... ---------------
Report to Board on
Advise action taken, sign Uelow) and return this notice
dler% of the Board
to the
of Supervisors:
hrJ4A (` h�bllllil1e�
Signature of Department Bead Comm.
rr,r�
(7rbVllt�� C�tfowr:�,
i
Morall UM
.aiMaLlAw
a
M
ro Board of Supervisors
FROM* George Wirth, Chai.rmant Agricultural Advisory Commiss,
ion
SUBJECT., Information Regarding Actions of Commission during Feb. list 1979 Meeting
DATE: March 12, 1979
The following actions of the Commission are for your conoidoration:
1. r S P that Butte county retain the agricivltural presurvos as now established
vdi:h the follotrulg modifications: (1) eliminate ineorpox+a1ed; areas of the
cities; (2) eliminate the urbanized areas already subd:,vj,ded out (ten acres
or less); (3) delete areas designated as urban on the Conaral Plan; and (4)
delete areas being put into the timber preserve act.
2 b S P that the Commission make a recommendation to tho 'Board of Supervisors
to formulate a feasibility study for action to.x sty tul o a new and up-to-dateland and soil map.
George Wirth
AdZML
0
Pi4rning c5rrrrta
19"73
01CM110, Gh rifOngIA
BUTTE COU ,;,%. i�GRLCiJt,TL^Rij,�?•" Cil :�.i(
IiCTCt
TP
Decomber 6, 1978
The Commission met on the above date in t;1e C 't,y i',,all at;
7:30 P.I.I. Chairman George Wirth called the rr.eeting t�, order.
Present: Mlyron Openshaw, Harry lx�ead; Joe Carlisle �z sj,stant
agricultural commissioner � Jerry D. Srrith, farm advir;or;bel,
Siemsen, deputy county counsel; Bettye Blair, d recicr of
planning; and Clark A. r;el,son, county clerk by Candy 'C:'arkison,
deputy clerk. Absent: Frank Stewart, Pete V;arsh arttj Bon
Nurphy.
Possible Revision of the &, r cultl ral ir
Discussa. of possible revision of the Agricultu,al Preserves
in Butte County was held at this time. Betty Mair
lanning
director, stated that she had sent the CM -Miss on information,
and maps were posted for considerations There is a conflict
with the late which Butte County has enacted. Butte County, at
this time, is in an entire preserve. There are 'ten agricultural.
preservos. The recommendation was to diminish the actual
,)reserve to that area urhich is generally west o f Rwy. 99 and to
exclude the u.l-ban areas as defined around Chico, Durham, Gridley,
Biggs and Croville, and limit that to one agricultural preserve
There are sevoxal other large areas that are not in 4Tilliamson
contracts that are east ofH�,ry. 99, It was recommrl Wi that
those existing contracts, iii most casts, be recognized, if they
are, then they would r^ve to be sot up unto themselves as an
agricultural preserve.
Del Siemsen, deputy county counsel., explained that the
basic reason this carne about is t1lat Butte County is entirely
in an agricultural, preserve acid it should not be,�, There are
Contracts that have been, entered into by the count
People in these preserves The count � n �mth various
ignoring the r s p i y 1n the meantime, has been
g g - p escrveS a., far as Zoning and the count y e
areas into various residential -typo gores aixd commerciala ,on these
The stag law says that once -,ones,
y�71.t have a preserve and you are intoa contract witI, anyone in that presr�tcvt ,
thin to
years zone the remaining prop land withinthatPreservewto a
U e that is compatible wi ui agriculture. xt is Obvious that the
county has not been doing that.-Ret;o�-ni:zin that the,
lem
exiats anal that it is a conflict) he rotor -mended that thebcor;�issi.on.
l,:ook, at hese preserves;, setting; jtxp realistic agr%Cultural pre'sarves
And e iminatin;g thew problems and con,-Olicts that exist i.n the
Zoninp of 'i, jry . 109 would be the 0110- 0�"J(jr PrOSorvf�� Jxn Lho
I
co'Unty. 'Th e p i i o C, r,,,
L , eXists In the eastern ptr-t Or, ,,e
with all tbla colitraott,- thij - I U1 county
.1 t 1-11111 Collnty prev0V-tJ,,,1' c%r �,p
0 IT 11 , 1,� e ,
orre Of t110N aV0111t 9cing to bo Jar'ge enou-h to
preserves unto jh0mt-,rjvp,, end It,"t would b"
Thr state 1L -,
'� 0
tj * YS tyi"ut in tevl�s of Prcser'vc.9 th;.t, In estab-
lishing Pveserv�,-,; there must be a rJnir'um Of 100in the
preserve or if they want to go to less than that, the Board of
Supervisors would have to find sone unique aspect about the
agricultural preserve to Justify the less than 100 acres.
There would be one problem with the Wclstira-. contrrj(�,ts. If you
remove the Preserves from, the areas w1jera c
establishing a new preservethen that wou
, ()r1trRCt-1; Are without
ld have the effect of
ternination of the contract. The county would have to give
notice to the owner that was under �
Contract 60 days priur to the
anniversary date which would s, ba r t the ton year termination
period. They would be torr lnato�j from
I , t1le Willirat'k-oon contracts.
There is one other proposal that the commission I-fl,U-IiL want to
consider, that is to do away tqjth pre -Serves entirely. a th U
passage of Protositioll 1� 6 W- 1- 'he
11'10 there I "t going 'to bu a differ-
ence in savi s ro s 1"
no r most Peoplo in Via �-113jiaMson
There may be sone berefits t,.) those Via
viho have grazing lands.
The contracts east of Hiry. S1,9 would be looked Intoe Therecvould
be no 11mitatiori as to the number Of agricultural preserves you
can have. There can be one owner of the prederve 01, r
one owner. more than
Mrs. Blair eXplalned that the Planning Commission it
considering possible General Plan amendments which are going to
cause rpany zoning Initiatives. All of •this should corie together
to be in compliance with the law all 'the Way down the line.
Chairman ',linston wants to have coirsents from this cor, ssion
-'rvisors and the Planning Commission are
before the Board of 8LIPC mi i n
formall-Y approached. The county is go s0bae-
�, ars: Possibilities of having every -thing
thing because there in,8 to have to do
stopped again4 it is a Potential that exists. Sbe stated
that there would be no economic inpact, as8urjir.g that the
other agricultural Preserves east of Hwy. 99 aro maintal.nea
on an 'Individual There may be one largo. Proserve and
1+5 sn,-All eonc-, btit, that, woujj 014 -,ill,
_tto ir=rporatod '--Oas and
areas Otherwise zoned aria dOValopad. Vb,on thore,� is a'-4�
n agri-
cultural PV0s0Vv0 and within that a contract) the county is
supp,,sod to Effect t�oning that limits the rey-,,Aining land use
within Violt preserve tj agritultitro or compatible with agri-
cul tuz- c -
In o. -der Lr) got into the, Preserve,
a nevi land prosorve, A pc.Vtorl would hlat0r� Or to establish
the Poard or Svjporvj8 I I , avo to be pres(�rjted to
Or" The law P270vidos that the toard could
05"u!'01sh an agr!C*t�'ILLU.Val prezovvo.
haari"-g. It would talc:a public
The r. -atter was continued to jahunry 37 1979W
Einutq:�---oL' 'l-'eeting of 11ovet-aber 1,
It was moved by 1.11yron Openshaw and seconded by Harvy Mead
and unanimously carried that the vea(.1nE,; of the minute of
Nover,,ber 1, 1978 be dispensed with and approved as Mailed,,
SLIr Resources. Bo,:Lrd re Agricultural Burnin
Discussion of the Air Resources Board's policies regarding
burn days eras held at this time. Joe Carli.-,le, ansir,,tant
agricultural comrissioner,re, orted on the meeting, hold in
,
Sacramento on November 6, 979. It was attended by many farmers
in the area. 'Vothing really cane out of the meeting, DTO pro-
posals of whau they had in mind i-lere given. Many changes on
burning regulations are expected.
Countv Hunter-Traonor Prov:ram
Discussions regarding the .11unter-Trapper Program were held
at this time. Joe Carlisle, assistant agricultural corpmlossioner,
indicated that a now hunter -trapper will be hired wit,hin the next
few weeks. Writt,,an examinations were given by personnel yester-
day. O. -al oxarn* ' nations are to be given within the next few weeks.
Nineteen people have taken the oxaminaLion.
I Chairman Wirth stated that a representative of the Fish. &
Jildlife Gate Commission will be present at the Tanuary meeting
to e:,mlain the black -tall doer pr;blem. ' Ti4e deer are 'killing the
trees after they have been in the growid only two years. It Pe -
fully they can make some Sort of roOommemlation to the Board o a d o.0
811PeVVisors to work out the problem. This mater is to be
second on the agenda at the
Correction t -r, 1.7, 1978,
Joe Carlisle, assistant a-ricul-16,ural ootm,,jjsojonOr) 0
6 OrrectecL
Bettye ��Utir'8 menorawiun of Novenb4sr 17 1078 The 1-,Otorarldur,
should re4,d "The tand Conservation let 0 1 t
r. C MM t ;W' iftLZoad oT
"The ;Wvisory Conrniittos'%
-t r, -
ri.c-oitiaral 8urnirig,
Disoussioft was held as to regular and spoCj,,,j,! "
..gj� i cul tul �I
I
burnln; permitN) when you can and, can't burn, eo- Jere Carlisie,
as3istant arricUlLural coronist-Aoricr; intticate-
,I '-, - ' special
b*uxn1-,,1t-" per;rilu,s have been issued this year, whik.,�, averagop
amount A no-niberoff" the bu±nlu�, C-N."=itteo is to prgent al,
tho Fobr,A—.-r,,j,, mooting.
Lc—lic ul,n"
M,oet_i,rI6-,djourried at 9:a,(1 T, .x,� to reconvert(.,
ntrax�y 3 � '`onv�xtr, oxx
7 9 'I� 7 : 3 G� P . I, .
ROsPoctfUlY
GOOP90 "Wir th l Chalptn,-
�tn
r cttlturul Adv1.A;t�t�Y
Commission
0
Infer -Departmental Memorandum
rt„ Bettye B l air f Flarrn; ug mr.— t ur
PROM: Robert A. Winston, 5upary w,r
8UUJFCT: Attarbed rnow, from Jim �att�c.�ri
nary. l:t tobor :1.',', 1978
Please nota the dato on tho e,noloo, mo,) 1.'ru r1j L711r1 1,atrt�r,rr, � 1�i� err
rr�miss in not act�inG in accordance 1111th 1I1� ����rw,a.;L�z���r�riz�t,�if�rt, r�t��� 1, have think 3.t
n �{ 1''�i ]Yk�'r �iilq'ti f71� z (it- t(( (7�rtlC'w L' n F:it'Jci as you r0 1,111111 jrrYilr', yt)tlr 11't-�,C�3ti�on.
AJa��1rC7,}r' tlrer(�� err()ruF rr(�rl(t,1efr ol�
'if)Lr?(1 in bob Jraeluv► rnern(,,N
OR No'eTornbor P.Pi 19 7) alid tlioso ohr)'Ud be br,q.i"jh't, j,, t,11r) fuj� '( 13c)=dtn attention,
I S,tuuld thank you -r)r r�r.,tat.r.(� t.ixl� r, �trd a���lctraf^ '.°a`10ti rrtp with County
Gourwol and 5 4rrsef,
RAW/on1Ca1t�• tt A,.F GST nu�,rr1
Eno
�Uq�4tf'���w�V�S���L•Y���Cu�l'�� fi'��a�'Il�.�d�Gtl��kW'1
ro, Bob Winston, C"airman, T31.rt*te' County f3aard, o:l SuPrx`%r,h-,o:r s
FROM: Lavr_cner. J. Lawson, Director: of Plannirct
suaJCCT9 Z13"01)000.l -R vi^j ons of ACricul-L-tUv al PI'0; erves Elo1 bll, Irc,cl
Box .
by the Bo4,c1 of SUperV.a
DATE, Jul1:� 12) 197
Ellolo od ir, a COPY of a ML,%Mo to the ACricultuuva`l..�dvi$ory
Corc�nmittee frorrl Bola lou m, 1�epu Cour�t,� Coun�ac,l, z�rh ,ch �'.
would
ld r vi .,(> Jj o statdory. I v.ould. � pproc i atop it if you
l,rcau�.d vl c�v� tlrK.; rr� zt't. r~a al „ nce it tiri�..i ult� lla).toly requ i:r c
o ur,e a: v i r ,�= ' aci:i.orl. i rc ri; lengthy
rY;
rl:r c:1t131cy�'�, hut. :L th:ixj1L the kubjoct mElttr ic. ,jc va du a exiouC;lr
to warrant the time.
This bror.i ht to the atton.tior, of t1w ACricu l.t*ural 004mi,11sion
S,omc January, but no 'xo t,: on takor, .
W.111eI of c:oltir c, �ti�o l�;�vo "�Ol�on Over Miry ,r� c�.;f`
tl1c; U,�a l? x, rrr on Act, and 1 "tical t h,XLX tl�c 'ub j r4 c, ti ij. o `
�.rrportallce to Werit l'loam. action in the noax fUL'ture. 1 1.101111,
su,geest that You and T moct vaitdi Bob jlocj.nu to dj ocu;,:� tlio:sc;
altorn rttive , beforo I-Ccommen,d.inp., -ny acti.on to tla full Lo �d.�
Mir.
a l rec rate i'G' if` YOU would cor't�.ct me concerning
al.r . B o ol"lrra I ; ;ro ^ "c1. � Soon Sao „ an ars fid; ��.I�l.r;� in thaL it doulcl
"O'l c�iat;ia.11y r': Oatrc "110 ,a0"i01xr J�rob �;ms
LTLrd:
on�lo�rlro
rte`
a
INTER-DEPART-iMENTAL MRIORANDLN1
ACE OF BUTTE COUNTY COUNS* Ou"O CO- Planm*nq Comm.
TO: Agricultural Advisory I DLC P, 1,977
C2 3-Sory Committee
BY: Robert G. Boel.r.u, Deputy County Counsel OrOyl
SUBJECT: PROPOSED REVI-SION OF AGRICULTUFUL
- SUPERVISORS ulqw;11� ow� 1,111.1LIMISOTHE
BUTT8 COUNTY BOARD 01' ESTALLTSMEBY
ACT, G4
OVtRWIFENT' 'CODE §51200 et sect;
DAT8; November 22, i977
Presently, all -land 1'.n the County of BuLl'
agricultu::al preserves e�itz,,,blished by the Butt Q in in ono of 10
Visor8 by -resolution on December 5, 1967) 4 0 C01411 -0Y Board of (See Resol'�uper..
uLion 67-178, a
COPY Of which is attached hereto as Exhibit A), r? -.8 is a Proposal
rOVis-e those preserves for the reasons and th 111
follw,s: manner set forth as
1 REASOZIS MvSS1TAT1KG A ,REVISION OF AGRICULTUMT, ppXSEj,,VL,8
A. The leggy 'blative i-.1tent
in enacting the williamson Act wa.q
to I .'CserVe ag-cicu . Itural lands and prevent prematu-ro and
unnectssaty CO.v.,,j,n 0 1 f agricultural Int, , d to urban uses
because of the iilftj)ortanca o f a`riculLur,,-tI land to the
mairitanance of the agricultu
ecoijotny of the 8,,ate) to
L
assuro an adequate, hoalthfUl and nutri,tj.OU8 spa It of
food for rut'-1r'e residents of the state
t1le-VdIU0, of a,,,,jcttj
r.and b0causca o'
tUral. lands to tile Public as open.
space. (See covernment Code651.220i) It is obvious,
tacl
however,* that all the I _- in thr� County cjf,, pLjtte is, not -
capable of b
0'" Used rOt aw&ticUltural ptjl poaa$,
Should bo revj-,_q0d to
i"cludo, .18 clono as Vo8sible, only 01000 lands tho
COLI.11L,�' Of- BLIH:ci be�j,nt% Put LO, or onpable of 1)ejjjs*
pL,rr
a"ricult.m."ll. U$10'1
%j
B. Establishment of an a
rict.tlttara7, preserve under tt1,e
Wil Bari son Act: affects the use of a.11 land within t t ht
Preserve - not just the laad within.a preserve urtctor
contract~ W by w virtaue o'-- Government Code §51.230 whioll,
pxovidcs
An agricultural preserve mr,y contain Land othE7: than
abri.cUltura,l land, but the use at any lftnd within the
preserve and not under contract shall v.1itllin tC�o e,txs /
of the effective date of zany contract on land �wi.trhin
tk&e preserve be retrictcd b ..___
y Zone t� or other suit,!,
ttteatls a.n such atea not: to be_incaml7atiia1. %, ittt the
.-_g,ari icul use of theglan'di the use off' which is �r
_ .
J imited by contract~ ,In accordance cath tktis chapter,"
rrtphasIs adldcdj
Since alt Land in true COUrIty of Butte is an agriculttval
preserve and. at lease one contract has been entered into
t t;h7n 041ch preserve, Compliance with Govo-rnment trade
951230 Vould result intllo gent' e County of Butte being
t7
restricted by zoning or otII0IIWJ.80 to a �^ rtt i:tt:a and Cort
pa,t ibl e u.se4 , 7.o do so
of"cour,sc;, Would be �`�bsurcli
Ci Impl.ertentaina the V ',x. r r
L:.VOrOs t '2axatloft
Ael<ol;ttt Act; o-e 3976, CoverIIVIL,tlt COrxc �51f �J0 et seq. , true
ltutt:e C;ount;�� i3r�tlt~'d of �tt��f•�:�v.;�oa:s rer.crtt 1.7 Placed a l.arp
alrea in the oast:urr,
1 4 tlte COUnt~y °'11 bimboe pro8crvc
ZrarAes ��lid t�i:l.l, pz:r��,aw�l.,� i�l_��,�o dzr�dl.t,i.otlttl, X11"r;'el<, �.t't :•ituh�t.
17r%x:�c'xVO renew, 11c.gt �Xe< �• I,r3.tw}t prts��.at'1 0
f tlz0 'Gr: whist 4r°.tl.
Keene-Collier Forest Taxation Reform Act, the IM-lialnsun
Act was also amended to Provide, at the Governm011L Code
§51246:
"No city Or county shall enter into a new
.�.jct. or
shall renew an existing Contract on or after Feb. 28)
1977 with respect to timber land --Oned as timber land
preserve. The city or county shall serve notice oJI"
its intent nit to renew the Con-tract as Provided in
this section".
Since .io new land conservation agreements may bn executed
in land zoned as timber land preserve and since all the
contracts in laird zoned as timber land Preserve may not
be renewed ail-ter the expiration of their lo-year terms,
It is submitted that all land within a timber land pt-et�erve
gone should be removed from agricultural .,reserves within
the County.
II PROPOStD REVISION OF AGRWILTURAL PRt8tRVES IN BUTTr,1 COUNTY
It is Proposed that all of the preserves established by Resole
tion No. 67-178 be abolished and that r1eW preserves be established
under the Williamson. Act within the C6anty OE 'Butte as foljo-\-ja:
A. That One Preserve be established for all of the land in
the County of Butte east and'south of the E-0110wing11ne,
3.
cOtIMenclilg at the inters-action of State Irihway 99
and the
northern boundary Of the County of Butte; thence southeast
aloin g State Highway 99 to the intcr8OCtibn of State High,,4ay
90 and State Highway 149; tho'nce sOutil -11-0119 State 1416h�nnay
to tho 'nternect'On Of State Highway 99 and Stake High,
3:
way 162; thence east along State Highway 162 to the
intersection of Stave Highway 162 and State Hlohway 70
thence south along State Highway 70 to the intersection
of State Highway 70 and. Palermo Road; thence east along
Palermo Road to the intersection of Palermo Rood and the
Palermo-H ,recut Highway; thence south alon3 thr-• Palermo=
Honcut Highway to the -intersection of tf., Palermo-llo;, cu%.
4
Highway and Honcut Road; thence east alor.'t:g Honcut Road to
the intersection of Honcut Road and. DLIW)Lorte Dr:'.,re; thence
south al,,ng Dunstone Drive to the in,te-stecti.on of Dunr tone
4
Drive and the southerly boundary of. Butte County (See snap
Of Butte County, area shaded green, attached hereto as
Exhibit B) ; exceptin , tharef,rorr,
,•
ALTErNaTIVE A - All areas surra-an.di.ng the cities. of Chico,
Biggs and Gridley and Orov3U lP ano. the unino.orpo rated
communities of Nord, Durham, Nelson and Ri.cb,-;,,ale, presently
designated residential/urban, cc.riunetcial or industrial in
the Butte County General, plan_, (SGe Land Jse rfiap, Butte
County General Pl n, atteched hereto as 8'xhibit C)
ALTERNATIVE B - All areas surrounding the cities of Ch .co,
Gridley and Om:ovi.11e designated as an urban area ift the
Improvement Standards for Subdivisions, Patuel baps and
Site `*'-provemenl s adapted pursuant to Chapter 20 of the
Butte County Code and all areas surrounding the City of
Biggs and unincorporated communities of Nord, Durham,
Nelson and P%icliva.l.e, designated as resi dontial/tirban, com-
mercial or industrial i.n the Bctt,e County General. Plein (See
41
0
Land Use Map, BLItte County General Plan, attpched hv.j,°Lq-o
as Ex.hibit C; and, I -Taps of the Chico Urban &4 -a, Or,ft1j.0
y
Urban Area, and Orov*lle Urban Area, 1111provornent St"'ItIkDards
for Subdivisions, Parcel Naps and Site Improvement -';t �Idoptcd
Pursuant to Chapter 20 Of the BLItte County Code, *I(Lachod
hereto, respectively as Exhibits 1), E
ALTERINATIVE C - All areas surr'un I
0 d4ng the cities of uhico,
Biggs, Gridley and Oroville designated ,jr, urban areas in
the general Plan adopted by each of 0,.,jjCt cities
and all
areas surrounding the c.UM,11Unj ties Of Nord, Duritir-im, Nelson
and Richvale designated as resideiltial/urban, connercial
Or industrial. in the Butte ' county General Plan, (See nand
Use Map, Butte County General Plan, attached hereto as
txhibit C; Land Use Map., C1
-lico General Plan, attached
hereto as Exhibit G'; tand Use Map, Gridley Gene,. -,-41 Plan,
attached horato as Exhibit iii and. Lint,, Use t-jap
General Plan, attached hal,^etO as exhibit I. The Land Use
Map for biaq,8 is
OF ALTM-TAmms Of` the three altr-Arnjtjv,�, for
area; to be excluded frotn thepreserveo,it
is recontr�tendrel
that
Alternative A be proposed to t1loBoard of 8uper-�tisor8.
AltornatIiva A is b88od on the 8t1tt
c Councy Gomoral Plail and
since 811t,to Coulity is the Cfttitv -%d3tdb1jshinp theprescttve8,
i♦ts land use dc cisi011$
., by its General Planj
should Probabl+ be t0lied on
be devo�o 'rt dototml'ning, W111ch land twill.d a8ricW-wral. u19308' C'Mid, which V71.11 br.,
devotod to other: uaMs llbreOvOrj the IIJAHAMgon, Act,
as
't1t I 'Code 53-2.34
of
13
A
consistency becween the preserves and General Plan#
Alternative C, relying on the urban linos es tab 1. i:.shed In
the general plan adopted by each of the inc6rpol'al'od aileas
of ".e county is not a desireable alternaLive bolsi, wa, the
general plans for the incorporated aroag provida for an
a&ricultttral use of some land within tho urban but
outside of city, boundaries, , if exclad(,d from t1jo„,o v
I-) I: L :serve,
neither the county nor city could enL.ol- into a land conser-
vation, agreement for such lands d(;:s,**[L a the fact that both
county and c7,t5- gencral. plans concur, with respect to
some Or all of such land, that it should be devoted to an
agricultural use. Alternative B is not recommended since
by relying in part on tha "I'.mprovement Stanclards for
divisio-as, Parcel Maps and Site lmprovemaat,4°, adopted p Lr”
8uant to Chapter 20 of- the Butte County Code,, one would
be relying on decisions about when certain improvements will
be requircin,cident to subdiviwion sand parvoI map appro-
Vals, not on decisions directly relevant to the suitability
0� land for agricultural we.
B. That additional preservc., be c.stabI..1,61ioct f-ov the land in
the County of Butte bounacd by the JAnics hevcat-ter de8cribod
in aouotdanca with tho cri exon haroafter de8ctibcd!
(J.) Dr-,50RUTION OV BOUNDAI-W - All. oKtho land in the
CoLinLy o.E4 Bufta bnttweon th,-, following dlot;cribad
Uncis. Oil tho 11apt b\
y
I a line commencing, at the
inter:"'-ction of Itir
'hway 99 md the northol:11
Dotltidoxy op, 1.111.1 County Of butu", Lhoocc'IoLILI:ma;�t
In
E
u
along State Hi.ght;ay199 to the ir":0rseeti.0n of State
Highway 99 and State Hight,ray 1119; thence south along
�
State Highway Y 99 to the intersect7.on of State H gh;Y�y
99 Pnd. State Highway 162; thr_xlce l East aloft
o State
llighWay 162 to the i-n'tersecti.Un of State k ight,ray 162
and State Highway 70; thence sough along State High -
of
7t) to the intersection of Sf:att;c I1i.4.5ltway 70 and
Palermo Road; thence east along 1''�:L jcrn�o Road to the
ittersectrion of Palermo Road tijtI the Palermo..Honcut
Fli.ghtJay; thence
south along the lja.y.ermo.Ilanc,•ut
"i 3IWtay to the intersectI on of ttte palerrna-Honct t
li'ghWay and .Ijorlcut Road; ..thence cast along Hancut
oad to tI'ZYrc intersection: of IIoncut Road and Dunstone
Dri`re; thence south along Duttstono Dr FvC to the
intcrsection of Dtins tong Drive and the southerly
boundary of Butte County; and ort the Crest ti
ALTEMv ATNF A A ay
fire conunencing at the horthwa;st
corner of Township 2;� ,��ort;il, Range 2 Fast, 14', D. B. & Iq
said corner also beinga '
Aaittt or the boundary li_tlr:
between Butte ar.d Tehattta Co��t�t�i.es thcrice east
along.
t:h t1ol.�th irte of 7'otqrtship 2.3 I\ srth, Rango 2 Past:,
and x'ot'71'ahllp 23 NorLh, batte
g Lust, to t�hc north�
east. col�no1- of Section 4 of sa:i d ship 23 t1ol•th
Range 3 �;ast thence "Putt' al On8 the: cast; ll to of
8cct oftt $ �a, 9, 16, 21, 28 <d 33, to the south
Of `Powtjj Itii 23 16rt'lj, R rt e 3 I9 lis ., S4.,.d poiam4
a.L..t'o
being the 1101'Che'18t cornero
f fictaion ��,ot�trshi.r
No.ntlt, Mingo �c 3 tact , w . .
thence colds imij.r,
y
,
f
the oast line of Sections 4, 9, J.6 and 21, to the
southeast corner of Section, 21, staid corner also
being the northwest cornea: of Section 2.7 01 t.1re
aforctnenti-,ned Township and Fangs; thoraco r,as t
along the north line of Sections 27, 26, 25 and 30,
to the. northeast ^orner of Section 30 said point
also beivig common to the northwest corner cf Section
29, Township 22 North, Range 4 Fest; thence continu-
ing
olt .nu-ing east along the north line of $octions 20, 28, 27,
26, and 25 to the northeast corrior of Section 2.5,
said point also being a point on the cast line cf
Township 22 North, Range 4 East thence south �-i.long
the east line of Sections 25 and 36 of Tovnsh p 22
1V'orth, Range 4 hast✓, to the southeast corner of
E' „.d T.o�-mshi said
p► point also being the .northeast
corner of Township 21. Worth; Range 4 East,, thence
south along the east, line of said. Tor-mship to the
southeast corner of Tmmship 21 Northi Range 4 East,
said point also beiitig the tlort.hwes b corner of Town-
ship
own-ship 70 North, Range 5 toast.; thonce, ehst along the
Morbti 1 '.ae of Township 20 Notch, Range 5 ta8t to
the northeast cornar of said ` wmship t~henco south
along t:he ° eas tt li.nc of said 'Tot,ms'hjp to the SOLIth--
east corner OE solid point, also beln8 the nod: thw�!s t
r.OrI103: Of StIcti.on, 6, Township l-) q'orth, Range 6
East: klolice sota,l.laol7g thee of SccL acn
6 attd 7 of Towti ,111.1) 19 Nlort:h,-ts.nge. 6 East tri 'Hic
sattt,hc r5t e� ► ttrr aC 3czck:i:on twhonce Yeast C11011"
j
a
the south IOf Sections 7, 8 and sq, to the
north quarter coater Of- SectiOr, 9) ToTtrnqjj,jj) 19
North, Range East, said POinL be -1,41,
j - 0 coiac.idont
WJ.th the boundary, between Butte and Yuba counties
and the and of the
line descrjj)rsct there(See
map of Butte Count
y, area shaded yellocr
attached
hereto as Exhibit B).
ALTERNATIVE B - The 11800 f"OOL contour line as
described by the Tj,s. Coast atla Ceolog,c S,j
.
rvey
a,for
w
. I,s Campbell Nound, Richardson Springs,
dise, Hamlin Canyon, Cherokee Para-
OrOVille and Forbe8towa. Bc!tty Creek, Lake
D'SCUS810N OF ALTtRLjk7"jVES
- Alternative A is
recommended.
for Proposal to the Board of r�_o.,_ars
stipe
for the reason that the I -
Inc established br Ai
native A is MOre dei-inito t.11
a,q that established by.
'Alternative 'D and effectively deline4t08 thoso atea,.,,
in the c on t" and Ga-st Parts' Or' the county poten-
I
t 4ally suit ablO for i,tsc as8rft%�rig 'lands from t1los
,e
aroa8 in the eastern part k)f the County Suitable
for use as timbOr land and J.ittel,
./ to be included
Within a timber Preserve %on c _=60,r the Vbetg
Txatjon Ref
t
1976. 4 of
T�Ic_ 1$800 foot C`0171t:Oul.' line relied upon in
Alternativo l3 1,8 the divicl 6'
-M18 line between dociduous
As a tttOOreLicaj
art u ly nlOrc -10cUV-Q;0.Y
nd panel 1.11
a
pa"t Or the Cr"Ltt1tY 't tuitable,
A 7,
i
for use as grazing land and which laild J,I-L the eastern
pt.rt of the county is suitable for unc., as timber land.
Hmqever, in practice, this lime may 11-r! very difficult
to establish with respect to a partiCILlat PiCCC Of
property and for this reason is not recommended.
CRITERIA
ALTERNATIVE A - Separate preserve$ bacstablis"hed for
all land within the above de -scribed boundaries either
presently under a contract or hereafter found capable
of sustaining a comercial agriculturtil operation, in
accordance with the ttandards to be established.
ALTERNATIVE B - Separate pro8erves be established for
all land in the abovdescrib�d boundaries found capablo
of sustaining a commercial agricultural operation under
standards to be astablished, whether or not such land
is presently urder a contract,
DjSCb,,,SI0N OF ALTEPUNATIVMS - Whereas almost all. of the
land in the area proposed for a' presevve in Part II A
of, this momorandu'rM is capable of susLaim'.119 a legitimate
commercial agricultural. Use, cven on a small scala,not
all of the land w'thij, tjAe q-'rea described in Part *11 B
a 3.
(:L) of this memorandum iS, capable or- 8ustalniag a L.aja�-
agi:icu . ltural use. Tho� agvaixulutrAl use of the
nrld within the arca deocrib—t in Part 11 of thi 8
I part, Lmi.Lo 5
.1dur;j Is, for Lho, Wost: p� la d t o use -ft
llovlovox, a substantial aknouat or thjhL
land cannot be., us -ed, as F"raving land On, a lectitimato
r,ommercial basis, -In establishing preserves within ,
the area described in Part 11 B (i) of this 1:rctrc�r.:�indttr,�,
standards are needed for determin-ing which land is
capable of being used as grazing lend on a 1Q.g .ti.mate
commercial basis and whin land is Trot. Govornment
Code Section 51231., specifically authorizes the: Board
Of Supervisors to ectablish such r,tCanda.rds. And both
Alternative A and B are pim :lar in Lha.t they provide
for such standards which w'11 have to be formulated by
the Agricultural, Advisory Cotrlimi.ttec before making a
proposal. to the foard of uupery sons.
Alternatives A and B diffet, hovever, in the
treatment of land within the area described in Part. It
B M of this memorandum already under a contract. Under
Alternative A all land under the samr7 ownership and
Presently subject to a contract would be placed in a
r .
separate preserve whether or not .t met the standards
established for determining whether such land i, capable
Of bean!; put; to a legitimate agricuit tiral rase. Uc cle
Alternative B, a separate-, presetva would be e8tabl.i.shec
.. for al.l; land uticicr the same cwmcrwir3.p and prrFently
subject to t contract ottl:y if ,uel7 l.rin(l mets the
standards esta.bl.i.shca for de, term,
rti.r�g whcLhcr autrtl land
is capable of being put; to a l.tr�;a.:i.rtrwtt c Comm al
1
egricul Wral use, Al.torna.Live B i.s the Preferred
alt ernat i.vo f=rottr the standpoint: or, furthering, the puxposr.�
of the Will unison A1ct. I ot,�uver , �t turi,7or r
actor to b,
ll.,
ARK
considered in choosing between Alternative A and
Altcs7:native B is the tax, consequence which will rosult
if 'land presently wider contract; is removed from a
preserve. As more fully discussed in Part III Of this
memotandiu►. removing land presently 'under contr dot
from a preserve has the same effect as a notice of
uonrenecyal and thereafter Mould be assessed at a
higher: level than w uld be the ca,sc if the land still.
were in a preserve e-ven though the land is still sub-
ject to an enforceable restriction :fedi the reniaiinirg.
term of the contract, ;Alter native A i.s recommended
for proposal to the Board of Supervisors,,
B. 'Shat no preser-cs be established for all of the land east of
the following line;
ALS EANIATIVI A y- Cormiencing at the northwest corner:
of Tovmship 23 North , Raugo 2 East, tai, D, i3. & M, , said
corner also being a point on the boundary line betwoezt
i
Butte.and Tehama counties; thence east along the north
line of Tot.,,,nshi_p, 23 North, T atage 2 East, and Tovnsh p
.. 23 North, Range 3 East, to the noLthoastr corner: of'
Section 4, Township 23 North, Range 3 Bast; thence
south along the cart line of Sections 4, 9, 1.6, 21., 7.5
and 33 to the sough li.rae of Township 23 Morth, Range
rm st, said point; a l:so being the nor:thoa.st corner 0E
Sermon +• ��orri shi<p 22 forth, Range 3 T 'rat; thence
continuing; south along the const line of Sections 4, 90
16 corn
�zr1d 21. to the so��rh�r�i;�t car. Or, Socta.ori 2��, srri.d
12;
corner also being the northwest corrior of SCCCJOIA 27
of the aforementioned Township and Range; thence east,
along the north line. of Section 27, 26, 25 and 30,, to
the northeast corner of Section 30, said point aloo
being common to the northwest corner of Section 29,
Tbwnship 22 North, Range 4 East; thence continuing
east along the north line of Sectio):v-, 29, 28, 27, 26'
and 25, said point also being a poJUit, on the east line
of Township 22 North,- Range 4 East; thence south along
the cast line of Sections 25 and 56 of Tovmship 22
North, Range 4. East, to the southeast corner of said
Township, said point also being the northeast corner
of T-Owftship 21. Ntorth, Range 4 East; thence south along
the cast line of said Township to the southeast corner
of Township 21 North, Range 4. East, said point also
being the northwest corner of Township 20 North, Range
5 East; thence east along the north line. of Township 20
North, Range 5 East to the -northeast cornet of said
Towft8bap; thence south along the cast line of said
Towtiship to the southeast corner of said point also
being the n)rthroes t cornw., of Section 6, Tmmship 19
North, Rango 6 La8t; thence south along the -,rest litje
of Section 6 and 7 df Township 19 North, Range 6 Fast,
to the 8OUth0a8t Of Section 7; thendo east al o -.1g
the south 1na of Sections 7, 8 and 0 to 'the north
6
quartet comer of secti,.On 9, Towmship 1.9 into t%, Range 6
East, said point beirg. coincident WiLh the boundiary
between Butta and Yuba Counties and Lhe end of Lhe
line described herein. (See i,ia,p of Butte County, area
shaded red, attacb-,id hereto as Exhibit B) .
ALTEM.IATIVE, B - All land east of the 1800 foot contour'
line as described
bed in the U..S. coast alAd Geodetic Survey
Maps for Campbell Mound, Richardson Springs, Paradise,
Hamlin Canyon, Chero).-teej terry Cracjj^1, Lake Oroville
and Vorbestoi.m.
DISCUSSION OF -ALTEMiATIVES - The above a q -
,are the same altornauives for the eastern boundary of
the area described in Part 11 P- M of this memorandum.
SInce it is intended that no preserves be established
in the area east of, t) -,e area described in Part It B (i)
of this memorandum, the alternative selected for the
.westerly boundary of that area should be the same
alternative selected from the above.
III EFFECT OF Rh"NOVING LAND UNDta CONTRkOT PROM A PRESERVE.
The 'removal of land under contract from an agricultural preserves -
is equivalent to a notice ofnon-rooewal by the county under
Government Code Section 51236 which prow .dos
T11.0 affect Of removal of .and under contract from
art agricultural prcstcrve shall. be tiia.e equjvj-lP.qt, of
notice of noll�,renowal by tho cowlf.y or city
the laad trotq the Ell-C'UILgt-Utal P%'osL,1- I Ven and stch
r -
c0UfttY or city shall, at. 1,cat3L 60 days I)-eior Lo thc
renowal date foll,ow,L1,16 ttj
0 reMoVal , serve no tic!Q!
i4