HomeMy WebLinkAbout83-55 RESOLUTION NO. 68-7 1 OF 2A
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RESOLUTION NO'.. 68-7
2
BOARD OF SUPERVISORS
3
COUNTY Or BUTTE, STATE OF CALIFORNIA
RESOLUTION ESTABLISHING ADMINISTRATIVE PROCEDURES
AND UNIFORM RULES INCLUDING COMPATIBLE USES FOR
-
AGRICULTURAL PRES"1.2VES
e
WHEREAS, the Board of Supervisors of the County of Butte,
7
State.,of California, on December 5; 1967, has established the.
8
agricultural preserves.pursuant to the -Land Conservation Act of
'
9
1965; and
10
WHEREAS., the Land Conservation Act of.1965 requires that
ZI�
uniform rules: be established including compatible.uses; and
'32
WHIR -EAS, it is the desire, of the; Board of Supervisors: to
13
establish administrative procedures: for theprocessing of contracts
14
and agreements,
15
NOW, TFitEFORE',,. BE IT RESOLVED that -the. Board of Super-
lg
visors of the` County of Butte, State of_ California, do hereby
17
establish the administrative procedures, uniform rules, and
.18
including compatible uses to be as follows:,
19
AO The establishing of a committee -consisting of the
20
Farm Advisor, Agricultural Commissioner, County
ZZ
Assessor, Planning Director, and a member designated.
-r
22
from. the Butte 'County Farm Bureau to review all
23
applications for contracts or agreements submitted
24,
for consir'eration in the established agricultural
25
preserves.
28
B That. it shall be the duty of said committee to make
:27
recommendations to the Board of Supervisors on whether
28
= or nota contract or an agreement be made with the
29
applicant. The basis for approval of a contract or -
30
agreement with; the applicant to be. as follows:
31
1. That the applicant uses his land for -the *intensIve
32
production of food and 'fiber which is necessary to
s
maintain the agricultural economy.
2
2. That the applicant's property is used to support
the agricultural economy and it continued use as
A
such does have 'a public value.
C. That it shall be the duty of said committee to
6
recommend to the Board of'Supervisors that a minimum
7
area be. established for each applicant based on the
type of agricultural activity performed as follows:.
1.; That the minimum area for contract or agreement of
10
horticulture type cultivation shall be ten (IO)
IZ
acres, except in areas zoned A-3 the.five (5)acre
minimum may be considered. The uses permitted f'Gy'
33
residential; shallL be one, (1) family dwelling for
14
the use of an owner or manager within the agrcul-
-5
Lural preserve or a, person employed on said Land;
-s
but not exceeding one (1) dwelling for each pzree3:
17
of not less; than ten (10) acres
�
OR:
19
2. That the minimum area for contract or agreement of
20,field
crops type of cultivation or for irrigated
21
paatures shall be forty (40) acres. The uses per-,
22
mitted for residential shall be one (l) family
23
dwelling for the: use.of an owner or manager within
24
the agricultural preserve or a person employed on
25
said land; but not exceeding one (1) dwelling for
26
each parcel of not less than forty (40) acres
2?
:
- OR
28
3. That the minimum area for contract or agreement of
29,
commercial timber type cultivation or land for
30
grazing shall be one hundred sixty (160) acres.
31
The: -uses: permitted farresidential shall be one (1)
2.
-1
family dwelling. for the use of an owner or manager
2
within.the agricultural preserve or a person
3
employed on said land; but not exceeding one ()
4"
dwelling for each parcel of not less than one hun-
b
dred sixty '(160) acres.
8
4. That the aforementioned acreage limitations shall
7
apply only to the use of the lands in 'question at
8
the date of signing of the particular contract or
9
agreement. After the signing of -a contractor
W
agreement, the Land 'owner may change the type of
31.
crop ora ricultural use at the sole discretion Qn of
12
the: land owner, but subject to the permitted uses
13
described in Section D herein.
14
D. I addition to the minimum area as established in
15
Section C, the following uses are hereby determined tr
�6
be agricultural and compa; rble uses within the agri -
17
cultural preserves and all other uses of land are
18
prohibited.
19
1. Single family dwelling as provided in: C-1, C-2, or
2.0
C-.3 above, provided, however, -that variances may be
21
recommended by the committee to the Beard of Super -
22
visors in cases of hardship.
23
2. General farming, horticulture, commercial 'livestock,
24
commercial poultry production, warehousing and!
-25
s torage
26
3. Accessory buildings and uses pertinent to the per -
27
mitted uses including agricultural.processing
28
plants
29
4. Housing facilities (including trailers) to accomo-
date only agricultural einployaes and their families.
3'1
employed by the owner or operator of the premises
32:and
provided further that such housing facilities
.3 .
1
AYES: -supervisors
Dunaway,_ Howsden, McKillop, Pryde & Chairman,Maxon
2
NOES 11oae
3
ABSENT: Ivan
4
6
DNAL
Butte
L - 'MAXON" Chanm� an of the
County ° Board of Supervisors
7
ATTEST:
8
JESSIE ROGERS:, County Clerk
and. ex -officio Clerk of
the
g
Board of -Supervisors
10
By '
Dep ty
-12
-
13
`14
15
17
Z8
_
2Q t
21
22
� _-
23
24-
423:2
25.-
2a
2?
INTNPRODUCtQN
-eign28 ting
a system of farming which
29
aims at the
increase of crop yield Per
30
unit: area using normal cultural practice
familiar to
the area.
32
IF
,
Mr. 1 AGRICiJL7CURAL LAND 3 rc 51256
j "t
icle 9.5
AGREEMENTS
cam,1
"'. ;Limitation of use by agreement without'payment.
,
F aim Similar terms to other owners;. differences; policy.:
Article 3.5 was added by .Stats.!X ,65, c.144.3, P. 3681,
i1
51255* Un ltation. of use b agreement without 3 `Ment.
3r o p �
i.
'Notwithstanding Section 51242, any city or county may, by agree -,f
Ment, but without payment to the landowner of public funds, limit the;
,
use of any .land within an agricultural preserve to agricultural or com-
The city or
Patiiale uses county, upon entering into any such agree-
Ment, shall file a copy of the agreement with 'th-. Director of Agricul-
tune and shall record the; original or a copy thereof, which shall de-
;,
scn`o-- the land subject thereto, with the county recorder. From and
I;:.
after the time of such recordation such agreement'shall :impart such
+
notice thereof to allpersons as I afforded by the recording laws of this
r
'
state. (.Added Stats.1965, c. 1443, p. 3381, § 1.)
Library reterencas; agriculture 0=1 et seq.; Counties a118(1) et seq.; Nluuici;lal'
"••rtwirations C-278 et seq.; C.J.S. Agriculture 11 et seq.; C.J.S: Counties $§ 17511, i
'•-��, orations $47$1.
alup,`cipal Corp_
�.
I ,,
a 51256. Similar terms to otherowners; differences;, policy.
1
r
kv city or county which offers any such agreement to any o%rn:er of
land,'* nagricultural use within a preserve shall offer agreements on
sil--alar terms to any other such owner within the preserve upon his
z+at Each agreement as to Iand within a preserve may be made
,
mutually dependent u on an other a
y agreement as to land within that
preserve. The
e length, terms, conditions, and restrictions of such
`
i
1�re0 encs shall be determined by negotiation between the clay or
II
"
county and the landowner, It shall be the policy of the city or county
i
to :score agreements under which there is no reasonable probability
of the removal or modification of the limitation or restriction within
the near future. However, the provisions of this' section shall not
+'I
r
Le construed to require that all agreements entered into upon lands
tl thin' a preserve be identical so long as such differences as exist are
related to differences in the location and circumstances -of the owners
+;
of %nd' in agricultural or compatibleuses, or pursuant to uniform
t
rules adopted by the city , or county. (Added Stats.1965, c. 1443, p.
ii
345
IF
77-7777
-" ; '` ,�"° •••_ i ia`IA Divisto:C or Mims AND Oitouoc14 I I3u11. 198
law
st
b% I
cantaot be replaced. ,The environrneutc ys sts of mote to GI gone nments, manordinances V are lave 1)aaed on Ch apter 70of
r deposits farther from markets, suand ch
�r is xequired, more f l ed road maintenance.tant the gradingthe �orBdinanccs maA, be ad4gtiaten often Although
ctr.��ed air pollution, and i . a+re not ade uatelt� ii�aplcriacnrcd for lack of trained
: not included in the cost figures herein. qlian
Vis~ per .capita demand far constructioconc nue ro personnel
benefit cost racio foi anare less t
effect eIv cnforoccd
Sim
creased in the past and is expected to
T, ane it the future. `Therefore, a -en more construe- grading ordinance 'is cstin aced to be abnut 9:1.
tin rlratcrials than a"e currently used per year will be
wed in the future despite lovered population B. CQNCLUSIONS reduced br- 90 per-
� expectations; Losses due to landsliding tan be
cent or more br a combination of measures , and in
geologic investigations, enginforce neering practicc, and eE
'LUSC..�h�U
Ing operations required
n Irl: csl �s 5uitabieedes �nueleslective eGir g ac ng ordinance :and erif rcen colt pros
spa be located as c
permit, and appaopriate land l de cosi sn woes cc.dures have of theapoten al lffinclslides�nt:their Eu�risdoc
and .be provided. Unique miners p P could less
tkk, should be•peotected from urbanization. of the lossesein Cal forma at •a relatively lor9cost.
cent
C, ,ECOmmENWIONS C. RECOMMENDATIONS
Ie Clogic ma
alifoYnia Division of ;;\tines and Gcolo y, the
Geopping, at stales ranging .xom 1 12,000
U'a Geological Survev, and the L.S. Bureau o. \fines to 1:48,000, should be carried our in all areas subject
should intcnsify their efforts to catalog those mineral to urban development, on a priority bans11 , to identify
remrces of critical impon�nce to the future economy landslides and laridslide-prone areas, Cities and counties
oT California that are Nvithin and adjacent to urban should be responsible to see that this. is done within
areas. their jurisdictions prior to approval of general devel-
tiineral. deposits of economic size and quality con- o anent patterns'The geologic mapping can be done.
mote: only a small fraction of one percent of the 0 rir•ate consultants, by local government staff, or
h°s crust, making them one of the rarest (and most it private
«'ith the Catifnrnia Division of bones
"Ji3a It) environments of all. Therefore, local govern and Geology.
runts should; protect the critical mineral resources, Detailed engineering geology site studies should be
a thereto, and the mining thereof within their required for proposed develPpments within landslide
gzsdictions b}- special zoning, with buffer zones q
around them as necessary. In turn, mine operators and landslide -prone areas, prior d designing each dc -
Ili! elo mens. These studies shrauld he carried out by
;: itld be required to conduct operations as compau» r'irt a consultants hired by the developers.
bl;- as ;practicable with their surroundings and should P Proposed developments Nvithin landslide sand land-
bje expected to rehabilitate depleted mined lands for slide -pone areas should be engineered to avoid or
sibsequent be use such as parks, open space, or correct all slope Stability problems found by the de -
c an :development, tailed enganecring geology studies,
Demand projections should be made for the critical Geologic and engineering rcpnrts should be re-
Demand
commodities used in California. Local govern r•iewed for adequacy by qualified professionals, and
rraentsshould'be aware of "their future mineral resource qualified' local vernment grading 'inspectors should
r�uirements to plan better for the use of the deposits inspect various stages ii the development to Insure
arafiable to them. that all work necessary to prevent: future landslide
Londsliding problems is being done.
Local government should enforce adequate grading
A. FINDINGS ordinances (Chapter 70, Uniform Building Code) by
E raider' present conditions, it is estimated that losses, on-site inspection of der•elopments in landslide and
due to landsliding will total almost St0 billion in Cali landslide- tone areas by qualified grading inspectors.
70 and the year 2000. Loss of life P
�ornia between 19 Certification should be required by design civil engi-
ss not expected to be great. Most of the damage will
o=ur in the hillside, areas of western California that veers, Sails engineers, and engineering geologists,
arc underlain by Cenozoic and Mesozoic sedimentary' Flooding
"rocks'. The sevcri y of the problem depends updn the A. FINDINGS
lucal''bedrock and soil conditions, including moisture It is :estimated that losses due to flooding will total
content� vegetation, slope, and other factors,
Although landslides and landslide -prone areas can more than ;16.5 billion bctrveen 1970 arid the year ?000
b Identified with about 90 percent atcuracv subect' rained. y geo- if the pl+lorer than half of the evel of nestmat eteol stimated losses mai, uid
Iodic studies, only a small portion of the ar l
to landslide damage has been mapped in sufficient de- he prevented by the prompt application of all eco-
aaii :for local government land' -use planning. Man -y nomically feasible control measures. The cost of the
tail forernments thus are no* fully aware'�of the control measures would be slightly less than the esu-
porential landslide hazards within their jurisdictions. mated cost of the flood damage. Flood control meas-
s
3
RESOLUTION NO. 68-7
BOARD OF SUPEPZVISORS
a
COUNTY` OF BUTTE, STATE SOF CALIFORNIA
4
RESOLUTION ESTABLISHING ADMINISTRATIVE'PROCEDURES:
AND UNIFC)RM RULES INCLUDI NG COMPATIBLE USES :FOR
5
AGRICULTURAL PRESERVES
g
WHEREAS, the Board,of Supervisors of the County of Butte,
7
State of California,' on. December 53 1967, has established the
8
agricultural preserves pursuant to the Land Conservation Act of
9
1965; and
10
WHEREAS , the Land' Conservation Act of 1965 .requires that -
12
uniformrules be established `including. compatible uses; and
12
WHEREAS:, it Is the des ire, of the Board of Supervisors' to
I 13
establish administrative procedures, for the processing of contracts
Z4
and a,. 'r encs,
15
NOW, THEREFORE, BE IT RESOLVED that the Board of Super -
1s
visors of the County of Butte, State of California, do hereby
17
establish the administrative procedures, uniform rules,, and
13
including compatible, uses to be as follows;
19
A. The establishing of a.committee consisting of. the
20
Farm Advisor, Agricultural Commissioner, County
21
Assessor, Planning Director, and a member designated
i
22
from the Butte County 'Farm ;Bureau to review all
23
applications for contracts or agreements submitted
24
for consideration in the establishedagricultural
25
preserves.
26
B. That it shall be the duty of said committee to make.
27
recommendations to the Board of Supervisors on whether
28
or not a contract or an agreement be: made, with t1he
29
applicant. The basis for approval of a contract or an
30
agreement with the applicant to be as follows:
31
1. That the applicant uses his land for the.^intensive
32
production of food and fiber, which is necessary to
�.
maintain the agricultural economy.
2
2. That the 'appli°cant'4 s property is used to support
tYze agricultural economy and its contiru use as
a
such does have a publie value.
5
C. That itshall the duty of said committee to
8
recommend to the Board of Supervisors that a minimum'
7
area be established for each applicant based on the.
8
typedof agricultural activity- performeas follows:
9
I. Thattheminimum arca for. contract or abreement.of
30
horticulture type cultivation shall be ten (10)
11
acres, except in areas zoned A-3 the five (5) acre
12
minimum. may be consii red. The uses permitted for
13
'`
residential shall be one (l) family dwelling; for
14
the use of an owner or manager 'within the agricu7-
15
tural ` preserve; or a person. employed .on said land;
16
but not exceeding one () dwelling for each parcel
17
of not less than ten (10) acres;
18
OR
19
2. That the minimum area for contract or agreement of
20
fieri"crops type of cultivation or for irrigated,-.
21
pastures shall be forty (40) acres. The uses per-.
22
m tted for residential shall be one (1).family
23
dwelling for the use of an owner or manager within
24
the agricultural preserve,or a person employed on
25
said land; but not exceeding one (l) dwelling for
20
each parcel of not less, than forty (40) acres
274OR
283.
That the minimum area for contract or agreement of
29
commercial timber type cultivations or land for
so
grazing shall be one hundred sixty (lb0); acres.
31
The uses permitted for residential shall, be one (1)-
32
2.
}
family, dwelling; for `: the use of an owner or manager
- 2
within the agricultural preserve or a person
3
employed on said land; but not exceeding ;one (lx
4
r dwelling for each parcel of not less than: one hun-
dred sixty (160)acres.
6,
4. That the aforementioned acreage limitations shall`'-
7
apply only to the use, of the lands in .question at;
g
the date of signing; of the particular contract or
g
agreement. After the signing of a contract or
10
agreement, the 'land owner may change the type of
11
crop or agricultural use at the sole discret_on of
12
the land owner, but subject to the permitted uses
' 13
described in Section D herein..
1�
D. In addition to. the minimum area as established in
1�
Section G,.the>following uses are hereby 'determined to
ag
'be agricultural and compatible uses within the agri-
i
17
cultural presGrVes and all other uses of land are
18
prohibited. -
13
1. Single:: -family dwelling as provided in C-1 C-2, or,
20
C-3 above, ` provided, however, that variances may be
.
2i
recommended by the committee to the Board. of Super -
22
visors in cases' of hardship
232
General farming, horticulture, commercial: livestock,
24
commercial' poultry production, warehousing and.
25
storage.
20,
Accessory buildings and uses pertinent to the; par-
2?
witted uses iInc;.luding agricultural processing
_28
plants,
2g
4. Housing facilities (including trailers) to accomo-
30
dae only agricultural employees and their families
31
employed by the owner or operator of the premises
32
and provided further that such housing facilities
3.'- _
1
shall be considered, accessory to the main building.
2
5. A stand ora display for sale of agricultural com-
3
modities produced on the premises. Sales of
products produced off the premises provided that
5
the sale of such products incidental and second
6
ary to the sales of agricultural products produced
7
on the premises.
6. Compatible uses:
g
a. The drilling for hydrocarbon, including the -
-�
10
installation and use of such equipment,
13
structures and facilities as are: necessary'or
12
convenient.
13.
b Public utility, and public services, including
14
structures;p uses and buildings.
I'
15
c.. Airport or aircraft landing facilities.
1S
d. Farm. labor camps.' _
17
e. Any other use determined to 'be compatible use
18
in all agricultural preserves by the Board of
19
Supervisors after public hearing -on ten (10)
20
days published notice and such other notice. if
21
any as they may specify. And after, such. use
22,
be deemed a compatible: use in any agricultural
23
preserve_.`
24
7. Other uses.;
25
a'. Sand and gravel, operation subject to the
28securing
of a use permit approved by the County -4
27
b. Mines, mineral extraction., and quarries in
28
Agricultural Preserve number 7,, 8, and 9;
29
PASSED AND A110PTEa by the Board.of Supervisors of the
30
County of Butte, State of California, this 16th day of January,
3I.
1968, by the following vote:
32
4.
1
AYES : 'Supervisors Dunaway, Howsden, Mcl i? ? op Pryde & Ghairman Maxon
2
NOES. None
3 i
ABSENT": None
4-
5
5
C�TZE�'
DONALD L. MAXON, N, ha mar of Ehe
g
Butte County Board of Supervisors
?
ATTEST
8
JESSIE RGGERS, County Clerk
and ex -officio 'Clerk of
the
g
Board of Supervisors.
10
Bj 4
�.
Dep
ty
11.
32
13
14;
15;
26` `
1?
28
19-
20
21
-
22
2a-
24
25
26
2?
28
^INTENSIVE PRODUCTION - -
designating 'a system of farming which
29
aims at the increase of crop yield.per'
1
unit area using normal cultural practice
I 31
C'
fami?iar to the area.
i 32