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HomeMy WebLinkAbout14-170 $111,000,0,r '4'Vl]!WggNPII.AiKWAANMg4640*!iigAOFAggqg12PglitOIRPXVU10.01 Ov4#0446044640AITIV460V04000401140004400404,41,00440410M0040000 Resolution No. 14-170 RESOLUTION OF THE COUNTY OF BUTTE FINDING COMPATIBILITY WITH THE WILLIAMSON ACT FOR WILD GOOSE CLUB, INC. LOT LINE ADJUSTMENT(LLA13-0020) WHEREAS, the Wild Goose Club, Inc. owns 1,432 acres in Butte County which have been enrolled in the California Land Conservation (WiUiamson)Act since 1978; and WHEREAS, the Wild Goose Club, Inc. property has been in use as a waterfowl hunting club for almost 100 years; and WHEREAS, approximately 27 cabins and other structures exist on the enrolled property which serve as the facilities for the Wild Goose, Inc. hunting club; and WHEREAS, the aforesaid structures are located on a minor portion of the property consisting of approximately 8.8 acres, and WHEREAS, the existing hunting club facilities are inconsistent with the Butte County Williamson Act program; and WHEREAS, the Wild Goose Club has applied to adjust the parcel boundaries on the property in order to consolidate the existing hunting club structures onto an approximately 8.8-acre parcel (LLA13-0020); and WHEREAS, the Wild Goose Club has concurrently applied to cancel the adjusted, developed 8.8-acre area from the Williamson Act (LCA14-0001); and WHEREAS, the Wild Goose Club has concurrently applied to non-renew the developed area from the Williamson Act (LCA14-0002), consistent with requirements for tentative cancellation of the contract per Government Code Section 51282(b)(1); and WHEREAS, the Wild Goose Club has concurrently applied to amend the contract for the remaining 1,423.2 acres of the property from agricultural use to open space for managed wetland area (LCA14-0002); and WHEREAS, the Butte County Williamson Act Advisory Committee reviewed the submitted applications including lot line adjustment LLA13-0020 on September 15, 2014, and recommended that all required findings could be made and that the aforesaid applications, including LLA13-0020,are compatible with the Williamson Act;and further recommended approval of LLA13-0020 to the Board of Supervisors as compatible with the Butte County Williamson Act program; and WHEREAS,the Butte County Zoning Administrator conditionally approved lot line adjustment LLA13-0020 on October 10, 2014 as compliant with all other applicable requirements and regulations, pending a determination by the Board of Supervisors that the proposed lot line adjustment is consistent with the Williamson Act; and WHEREAS,the lot line adjustment is being considered by the Board of Supervisors while the entire property is still in the Williamson Act, consistent with comments from the California Department of Conservation; and WHEREAS,the Board of Supervisors will consider at a future date the Wild Goose Club's remaining applications for partial tentative cancellation of the Williamson Act contract for the portion of its property developed with hunting club facilities, as well as amendment of the remaining area of the contract to open space managed wetland area, consistent with comments from the California Department of Conservation; and WHEREAS, LLA13-0020 meets the required findings for lot line adjustments under Government Code Section 51257 as follows: 1. The new contract or contracts would enforceably restrict the adjusted boundaries of the parcel for an initial term for at least as long as the unexpired term of the rescinded contract or contracts, but for not less than 10 years. 2. There is no net decrease in the amount of the acreage restricted. In cases where two parcels involved in a lot line adjustment are both subject to contracts rescinded pursuant to this section, this finding will be satisfied if the aggregate acreage of the land restricted by the new contracts is at least as great as the aggregate acreage restricted by the rescinded contracts. 3. At least 90 percent of the land under the former contract or contracts remains under the new contract or contracts. 4. After the lot line adjustment,the parcels of land subject to contract will be large enough to sustain their agricultural use, as defined in Section 51222. 5. The lot line adjustment would not compromise the long-term agricultural productivity of the parcel or other agricultural lands subject to a contract or contracts. 6. The lot line adjustment is not likely to result in the removal of adjacent land from agricultural use. 7. The lot line adjustment does not result in a greater number of developable parcels than existed prior to the adjustment,or an adjusted lot that is inconsistent with the general plan; and WHEREAS,LLA13-0020 meets the required findings for lot line adjustments under Rule 7.B of the Butte County Williamson Act program as follows: 1. The proposed division will not impair the use of the land for the production of food,fiber, livestock or wildlife habitat, as provided in the contract. 2. Each parcel created by the division or lot line adjustment shall conform to minimum acreage under Table One of Rule 6. 3. The land division or lot line adjustment conforms to the Butte County General Plan,state laws and all other applicable County Codes and standards. 4. The land division or lot line adjustment is not for the creation of residential development that does not directly support agricultural production on the contracted land. 5. Any parcel merger (Government Code Article 1.5 Merger of Parcels) shall comply with Rule 5.A.5.c, and with Butte County Code Section 20-180.3. NOW,THEREFORE, BE IT RESOLVED that the Board of Supervisors finds that lot line adjustment LLA13-0020 is compatible with the Williamson Act, subject to the applicant's payment of any applicable fees. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte,State of California,on the 9th day of December, 2014 by the following votes: AYES: Supervisors Connelly, WahI, Kirk, Lambert and Chair Teeter NOES: None ABSENT: None NOT VOTING: None Doug Teeter, Chair Butte County Board of Supervisors ATTEST: Paul Hahn