HomeMy WebLinkAbout06-168RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF
BUTTE, STATE OF CALIFORNIA,, IDENTIFYING APPLICABILTIY OF
GENERAL PLAN AGRICULTURAL ELEMENT
PROGRAM 2.2 - 304-FOOT SETBACK
INTERIM TO AN ADOPTED ORDINANCE
DIRECTION TO DEVELOPMENT SERVICES TO
PREPARE AN IlVIPLEMENTING ORDINANCE
AND DIRECTION TO DEPARTMENTS REGARDING
EARLY COORDINATION WITH BUTTE COUNTY
LAFCO REGARDING CITY SPHERE OF INFLUENCE
AND ANNEXATION REVIEWS
WHEREAS, the Butte County General Plan contains an optional element entitled:
Agricultural Element. This element identifies issues, goals, policies and programs for
implementation; and
WHEREAS, periodically, the County will evaluate its general plan implementation;
and
WHEREAS, the second issue and related Goal number 2 are as follows: Issue:
Competition between agriculture and urban uses at city boundaries and community
boundaries is creating pressure to convert agricultural lands; Goal 2 ~- Conserve and
stabilize agricultural land uses at city and community boundaries in order to protect
agricultural lands from encroachment and conversion to urban uses.
WHEREAS, Program 2.2 contained under Goal 2 and related policies within the
Agricultural Element states: The Zoning Ordinance shall require that a buffer be
established on property proposed for residential development in order to protect existing
agricultural uses from incompatible use conflicts. The desired standard shall be 300 feet,
but may be adjusted to address unusual circumstances. Guidelines, as part of the General
Plan's implementation, shall be developed illustrating buffer requirements for various
situations; and
WHEREAS, a zoning ordinance amendment has not yet been approved; and
WHEREAS, there has been difficulty in applying Program 2.2 without an adopted
zoning ordinance and appeals of project actions have been heard by the Board of
Supervisors in part relating to application of Program 2.2; and
WHEREAS, the Department of Development Services has prepared a memorandum
clarifying the implementation of Program 2.2 interim to an adopted ordinance; and
WHEREAS, an informational item was scheduled before the Planning Commission
on April 13, 2006 to discuss the Department of Development Services draft
memorandum dated March 23, 2006; and
WHEREAS, an action item was scheduled on July 27, 2006 to consider
recommendation to the Board of Supervisors of one of two draft memorandums regarding
clarification of Program 2.2 implementation; and
WHEREAS, on July 27, 2005, the Planning Commission adopted resolution number
PC Ob-29 recommending that the Board accept the Planning Commission version of the
memorandum as modified during the meeting, after due deliberation, study and public
comment that clarifies the most appropriate and desirable implementation of Program 2.2
interim to an adopted ordinance; and
WHEREAS, the Board of Supervisors held meetings to consider the Planning
Commission recommendation, the staff report and related materials, and public comment
on September 12, 2006, October 10, November 21 and December 12, 2006; and
WHEREAS, on November 21, 2006, the Board of Supervisors referred the matter to
the Board General Plan Ad Hoc Committee far discussion and recommendation; and
WHEREAS, the Board General Plan Ad Hoc Committee met on December 5, 2006
to discuss a recommendation to the Board of Supervisors regarding the applicability of
Program 2.2 interim to an ordinance; and
WHEREAS, review of the materials has highlighted the importance of early
involvement of the County in the sphere of influence reviews conducted by the Butte
County Local Agency Formation Commission as it relates to agricultural resources and
land use implications in the County.
NOW, THEREFORE BE ~'T RESOLVED, after due deliberation, study and
consideration of public comment, the Planning Commission recommendation, the staff
report and related materials, the County General Plan, and the Board General Plan Ad
Hoc Committee, the Board of Supervisors hereby considers this resolution as direction to
the Department of Development Services for implementation interim to an adopted
ordinance and that implementation of Program 2.2 is guided by the following:
1) Does not apply inside the Sphere of Influence of any city/community boundary unless
a discretionary project abuts the boundary and the Grazing and Open Lands (GOL)
and/or the Orchard and Field Crop (OFC) land use designations of the General Plan.
2
2) Applies at the Sphere of TrYfluence of any city/community boundaries on the land to
be developed and outside of those boundaries in all areas designated Grazing and
Open Lands (GOL} and Orchard and Field Crap (OFC) land use designations of the
General Plan for discretionary projects.
3) The Department of Development Services is directed to apply Program 2.2 to
residential building permits immediately and prepare an ordinance to implement
Program 2.2 for consideration by the Board of Supervisors within 90 days or sooner.
4} The Department of Development Services is directed to present information regarding
Unusual Circumstances to the General Plan Ad Hoc Committee for additional review.
NOW, THEREFORE BE IT FURTHER RESOLVED, the Board of Supervisors
directs county departments, including but not limited to, Development Services, Public
Works and the Agricultural Commissioner's office to coordinate with Butte County
Local Agency Formation Commission early in the sphere of influence and annexation
reviews for the cities.
PASSED AND ADOPTED by the Board of Supervisors, of the County of Butte, State of
California, at regular meeting of said Board, held on the i2th day of December 2006, by
the following vote:
AYES: Supervisors ConneJ.3.y, Dolan,.'Yamaguchi and Char Josiassen
NOES: None
ABSENT: None
NOT
JANE DQL4N, CI~~~;^
Butte County Board of Supervisors
ATTEST:
PAUL MCINTOSH,- hief Administrative Officer
and Clerk af- Bo d f Supervisors
B ~~ /
Y~
3