HomeMy WebLinkAbout10-052Resolution
WHEREAS, the Board of Supervisors of the County of Butte, State of California,
on December 5, 1967, established the agricultural preserves pursuant to the Land
Conservation Act of 1965; and
WHEREAS, the Land Conservation Act of 1965 (Williamson Act) reguires that
uniform rules be established including compatible uses; and
WHEREAS, the Butte County Administrative Procedures and Uniform Rules for
implementing the Williamson Act as detailed in E X H f B l T "A" of Board Resolution 07-
021 of January 23, 2007 were intended to be updated and amended as deemed
necessary; and
WHEREAS, it is the desire of the Board of Supervisors to update and make
minor amendments to its administrative procedures and rules applicable for the
processing of.contracts and agreements regarding all land subject to Land Conservation
Act Contracts; and
WHEREAS, the Board of Supervisors, after conducting a public hearing on
March 30, 2010 and having reviewed the evidence presented at said public hearing, and
considering the recommendation of the Land Conservation Act {LCA) Advisory
Committee, does hereby find it to be in the public interest to adopt changes to Rule
5.A.5.d of the Butte County Administrative Procedures and Uniform Rules far
Implementing the Williamson Act regarding the minimum parcel size for establishing a
residential use on land that is subject to an LCA contract.
NOW, THEREFORE, iT IS RESOLVED that the Board of Supervisors, in
accordance with the California Land Conservation Act of 1965, also known as the
Williamson Act, does:
A. Find that the adoption of the proposed changes to Rule 5.A.5.d is considered
exempt from environmental review under the General Rule exemption Section
15061 {b}{3}. This section states that CEQA applies only to projects which have
the potential for causing a significant effect on the environment.
B. Find that the adoption of changes to Rule 5.A.5.d of the Butte County
Administrative Procedures and Uniform Rules far Implementing the Williamson
Act would act as an incentive for preserving small family farming units in Butte
RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE,
AMENDING ADMINISTRATIVE PROCEDURES AND UNIFORM RULE 5.A.5.D
REGARDING THE MINIMUM PARCEL SIZE FOR ESTABLISHING A RESIDENTIAL
USE ON LAND SUBJECT TO LAND CONSERVATION ACT (WILLIAMSON ACT}
CONTRACT.
County's Williamson Act program and would not have negative effects on
agricultural land preservation.
C. Hereby adopt changes to Rule 5.A.5.d of the Butte County Administrative
Procedures and Uniform Rules for implementing the (Williamson Act per the
following strike-out (text to be deleted} 1 underline {text to be inserted) version:
No residential buildings shall be erected on parcels that fail to meet the
standards for minimum acreage specified in TABLE ONE of Rule 5. An
exception for agricultural labor housing shall comply with the provisions of the
pia Government Code Section 51230.2. An exception is also made _in
the case of a transfer of land to an immediate famil member ursuant to
Government Cade Section 51230.1. I°or such a transfer, the minimum parcel
size shall be ass ecified in Section 51230.1 a and the Butte Caun zonin
code. For such transfers Section 51230.1 a re wires a 10-acre minimum
parcel size in the case of prime agricultural land or 40-acre minimum parcel
size in the case of non- rime a ricultural land.
PASSED AND ADOPTED by the Butte County Board of Supervisors this 30th day
of March, 2010 by the following vote:
AYES: 5upervi~or~
NOES: None
ABSENT: None
NOT VOTING: None
Dolan, Kirk, Lambert, Yamaguchi, and ChrEir Connell;
Bill Connelly, Chair
Butte County Board of Supervisors
ATTEST:
Scott Tandy, 1
and Clerk of tl
By:
Chief Administrative
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2