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HomeMy WebLinkAbout00-049i ~' ~ .QF','~'i"~E..~sT'ATE C~~ CAf..IF~3#~~+tk~1 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE ESTABI,ISHINC; "I'IIE PtJRPOSF„ [_EAD COUNTY DF,PAR"TMEN"l', ADMINISTRATIVE PROCEDURES AND UNIFORM RULES INCLUDING COMPATIBLE USES FOR AGRICULTURAL PRESERVES WHEREAS, the Board of Supervisors of the County of Butte, State of California, on December 5, 1967, has established the agricultural preserves pursuant to the Land Conservation Act ol~ 1965; and WHEREAS, the Land Conservation Act of 1965 requires that uniform rules he established including compatible uses; and WHEREAS, it is the desire of the Board of Supervisors to establish administrative procedures for the processing of contracts and agreements. NOW, "THEREFORE, BE IT RESOLVED that the Board of Supervisors establish the following purposes for use of the 1~'illiamson Act in Butte County: To conserve land for viable agricultural production and open space; and 2. To create incentives for additional agricultural landowners to participate in and enjoy the benefits of the Williamson Act program; and 3. 'To minimize residential conflicts in agricultural preserve areas. NOW, THEREFORE, BE IT FURTHER RI:SOI,VT;D by the Butte County Board of Supervisors the designation of the lead County department shall be as follows: "The Butte County Department of Development Services, Planning Division shall be the lead County department for all inclusions or withdrawals from the Williamson Act. 2. All applications must be submitted and he tiled with the Clerk of the Board of Supervisors on or before September 1 S of each year in order that the agreement will become effective during the following year. Applications shall be submitted upon the forms to be supplied by the Planning Division of the Department of Development Services, and must be completed in detail. 3. The provisions ofthis resolution will only apply to inclusions and contract modifications after the effective date ofthis resolution. NOW, THEREFORE, BE l~l' FURTHER RESOLVED that the Board of Supervisors ofthe County of Butte, State of California, do hereby establish the administrative procedures and uniform rules, includin« compatible uses to be as tollows: A. The Butte County Land Conservation Act Advisory Committee shall consist of the fallowing members; 1. Farm Advisor or designee. 2. Agricultural Commissioner or designee. 3. County Assessor or designee. 4. (development Services Director or designee. 5, A member designated by the Butte County Farm Bureau (at-large). 6. A member designated by the Butte County Farm Bureau Land Use Committee. 7. A member designated by the Butte County Cattlemen"s ,Association. B. That it shall be the duty of said committee to: L Keview all applications for Land Conservation Agreements and all requests for cancellation. 2. Make recommendations to the Board of Supervisors on whether ar not a Land Conservation Agreement may be made, rejected or canceled. 3. Make recommendations regarding County initiated non-renewals of existing agreements. 4. Mahe recommendations regarding amendments to these procedures and rules. 5. Make recommendations to the approving authority on proposed conditionally compatible projects as set forth in Section E. 7. C. The basis for approval of a contract or an agreement wit} the applicant shall be as follows: l . "11~at the applicant's land is used for the "intensive production of food and tiber"'which is necessary to maintain the agricultural economy. For purposes of these procedures and rules, "intensive production of food and fiiber"' shall mean a system of far-t~ing which aims to increase crop yields utilizi-~g normal cultural practices familiar to the area. 2. That the subject property is used to support the agricultural economy and its continued use as such does have a public value. T17at important open space lands be preserved. D. The minimum area for each application is based on the type of agricultural activity as i-ollows: Acreage Standards* Column 1 Column 2 "i~ype of Activity Incoming Contract Minimum Acres Building & selling minimum acres Orchards (vineyards, kiwi, tcuit and nut crops} 20 40 Field Crops 80 80 Irrigated PasturelRice land 80 80 WetlandslPrime Hunting 80 80 Dry Land Grazing 160 320 Open Space** 80 160 *Must also meet or exceed minimum lot sizes established by the base zoning district. **Wildlife habitat, sensitive biological commtmities, scenic highway, etc. 2. "The aforementioned acreage limitations shall apply to the use of the subject lands on the date of signing the Land Conservation Agreement. After the signing of the Land Conservation Agreement the type of crop or agricultural use may be changed at the sole discretion of the land owner, but subject to the permitted uses described in Sections E and F herein. Parcels created for purposes of transfer to immediate family members may meet the minimum lot size for incoming lands (Column I ), provided that a Joint Management Plan pursuant to Section 51230.1 of the Government Code, is ehecuted. E. The following uses are hereby determined to be compatible uses on all contracted lands; and all other uses are prohibited.; Permitted Uses: One single family residence for each legal parcel within the contracted lands pursuant to minimum acreage standards in Column 2, except for family members which may be pursuant to Column I of the table in Section D-1. b. General far-ning, horticulture, commercial livestock production, commercial poultry production, and similar activities. c. Open space for: 1. Wildlife R. biotic habitat. 2. Scenic values. 3. Scenic highways and byways. d. Any other use determined by the Board of Supervisors to be a compatible use in all agricultural preserves. e. Housing facilities (including trailers) to accommodate only agricultural employees and their families who are employed by the owner or operator to work on their contracted lands. f. The drilling for hydrocarbon, including the installation and use of such equipment, structures, and facilities as are necessary or convenient. ?. Accessory Uses: a. Warehousing and storage of agricultural products. b. .Accessory buildings and uses pertinent to the permitted uses including agricultural processing plants. c. A stand or a display for sale of agricultural commodities produced on the premises including the incidental sale of agricultural products produced oft= s1tC. d. Water storage reservoirs and irrigation areas. e. Hunting and hunting clubs. f. Private airport or aircraft landing facilities. g. Public Utility services. 3. ConditionallJses: a. Public and Quasi-Public uses, including structures and buildings. b. Veterinary hospitals and/or clinics. c. Sand and gravel aggregate mining, not including asphalt and concrete batch plants. d. All other mines, mineral extraction, and quarries in Agricultural Preserve Numbers 7, 8, and 9. F. Smaller Existing Parcel Sizes: All parcels smaller than the contract minimum size shall be legally combined or merged to comply with, Column I in the table in Section D-l. concurrently with approval of the contract. G. Exceptions to minimum lot size provided in Section D. A parcel division of contracted land may occur at less than the minimum size if it is pursuant to a use permit for parcel segregation for agricultural processing and the remaining contracted lands conform to the minimum size provided in Section U.l. above. 2. Homesite Segregation: Cancellation may only be considered for an existing residence where the home has been inexistence for at least 5 years and the land has been owned for at least 10 years by the owner (Government Code Section 66474.4 (b)(2)) and if a permanent restriction prohibiting residential development is recorded on the balance of the land. Said residence must be divided from the balance of the contract lands through a boundary line modification, lot merger, or tentative parcel map provided that the minimum lot size of the base zoning district is maintained. 3. Minor deviations from the specitied contract acreage minimum in Column 1 of the table in Section d-1, may be allowed subject to review by the Land Conservation Act Committee and approval by the Board of Supervisors. Fl. Length of Contract: The minimum contract length shall be 10 years. The initial contraetterm shall be renewed annually, unless a notice ofnon-renewal is tiled. [mmediate Cancellation: Immediate cancellation may occur if the requirements and findings of Government Code Section 51282 are satisfied. 2. Cancellation of a portion of the contract must meetthe minimum acreage size specitied in the table in Section D-l . 3. A 25 percent cancellation fee is required for lands that are immediately canceled: one- half payable to the State pursuant to govermi~ent Code Section 51283. and one-half payable to the County of Butte. 4. Immediate cancellations allowing minor acreage adjustments may be permitted to reconcile building encroachments, irregular fence lines and historic uses th-•ough lot line adjustment, or foracquisition ofpublieright-of-way, subjectto review by the Land Conservation Act Committee and approval by the Board of Supervisors. J. Partial notice of non-renewal for Lands within a [..and Conservation Agreement: If only a portion of the lands within an agreement are non-renewed, they must conform to the minimum acreage requirements in Table D-1, Column 1, and the remaining contract lands must also conform to these minimum acreage requirements. 5 K. Substitution for a portion of contract lands may occur pursuant to Government Code Section 51256 and 5127. E. Lands may be added to an existing L..and Conservation Agreement. Any lands added must meet the minimum acreage requirements in the table in Section D or be legally combined with an existing parcel within the agreement. M, Damages: A liquidated damages provision of`up to $10,000. payable to the County of Butte, shall be included in all new contracts. BE IT I~IJRTHER RESOLVED, that Resolution No. 99-124 is hereby superseded and repealed. PASSED AND ADOP"fED by the Butte County Board of Supervisors this 25`'' day of April 2000 by the following vote: AYES: Supervisors Beeler, Houx, Josiassen, Davis and Chair Dolan NOES: None ABSEN'T': None NOT VOTING: None /" . .-_ . ~~ - JANE DOEAN. CHAIR Buttq County Board of Supervisors /r ATTEST: JOHN S. BL,ACKI_OCK, Chief Administrative Officer and Clerk of the Board of Supervisors rr Deputy 6