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Resdution No, 16413
A ll'k,LSILUTPIIN ,t1F THE BUTTE COUNTY i'?Ozik, D .111'''F SUPE ;NIS° ,..S
Ai0(!!'TING AN AME,'!,!Nrtit N!.',. TO GENII .!"':AL l!LAN 2030 AGRICULTURAL
E n.11 EMEN111 d''11LICY AG-?'5.3 (AG11ICULTU'',,1' k.,L BUFF H.R)., INCLU!#,ING N[1 W
•NLICIES AG-P5.3.1,AG-Ill'5.3.2, AN AG-P5.33
WHE1! AS, on October 26, 2010, li,utte County adopted a new General Plan (General
Plan 2030), including a new General Plan 2030 Land Use Map; and
WHEN 'AS, General Plan 2030 is a comprehensive, long-term general plan for Butte
County and establishes an overall framework and set of land use planning goals for the
unincorporated area of the County. General Plan 2030 has a 20-year planning horizon; and
W ERIEAS, General Plan 2030 is intended to be a living, dyna,.,dc and comprehensive
document; and
Mn,,!,,,11,,,REAS., on September 27„ 2012, the Planning Commission made recommendations
to the Board of Supervisors and on November 6, 2012 the Board of Supervisors adopted
amendments to the General Plan 2030 under Resolution No. 12-124 and adopted the Zoning
Ordinance Update under Ordinance No. 4050, and Certified a Final Supplemental Environmental
Impact Report (SEIR) ,,nder Resolution No. 12-123; and
Wi ,'E"i.Iii AS,on April 1,2015, a Notice of Preparation(NOP)of a SEI!', for a General Plan
Amendment(GPA) was submitted to the State Clearinghouse (SCH#2015042004) for circulation
to public agencies for cam,,Hent The NOP comment period extended from April 1, 2015 to Ad ril
30, 2015; and
V/,,,,lER,I'! AS,on June 17,2015,a Draft SEIR(SCII#2015042004)for this GPA,consisting
of an amendment to Agricultural Element Policy AG-P5.3 and new Policies AG-P5.3.1, AG
P532 and AG-P5,3.3, was circulated to the State Clearinghouse, responsible agencies, and
interested parties for a 45-day review period; and
WI,,',EL,,i,'Ill'AS„on July 30,2015,a public hearing on the Draft SEIR for this project was held
before the itutte County Planning Commission to accept verbal and written comment on the Draft
SEIR in accordance with the Butte County Environmental Review Guidelines. A total of nine
comment letters were received on the Draft SEIR in addition to verbal comment presented at the
public hearing; and
WHEREAS, on October 9, 2015, Butte County released the Final SEIR and the County
provided notice of the availability of the Final SEW to agencies,organizations, and the public; and
W 11E il AS,on October 22,2015,November 112, 2015, and December 10,2015, the Butte
County Planning Commission conducted public hearings concerning a recommendation to the
oard of Supervisors on the proposed GPA and proposed amendments to the Zoning Ordinance
and the Final SEI' and on Dece her 10, 2015 recommended that the Board of Supervisors adopt
the proposed amendments to the General Plan.
NOW, T E 1 EF1111 , 1•11E I RES I.N11 1 that the Butte County Board of Supervisors
makes the following findings:
1. Adoption of the GPA is in the public interest.
2. The GPA is consistent and compatible with the General Plan.
3. The potential effects of the GPA have bee evaluated and have been determined not to
be detrimental to the public health, safety, or welfare.
4. The proposed GPA has been processed in .ccordanee with the applicable provisions of
the California Government Code and the California Environmental Quality Act.
E IT FURT 1111 R ESC) VE I that the Butte County Board of Supervisors adopts the
GPA as set-fonth under Exhibit A.
PASSE1 AN"' At S11PTE 1, by the guile County Board of Supervisors this 12111 day of
January, 20116 by the following vote:
AYES: Supervisors Wahl, Lambert and Chair Connelly
NOES: Supervisors Kirk and Teeter
ABSENT: None
NST VOTING: None
mi°1 C, 11 11 ,
/ Co elly, Chair 5
I'tate County Board of Supervisors
ATTEST: /
By:
11'an! ah , Vhief Administrative Officer and
Clerk of the/Board of Supervisors
'7,X1 . [ I
1111 ay11„11r
e 111
G lir e ra IIIII:1,11 ,1,1,01-
a n Am e h d 1„1' LI e n hil
Agricult al I
Eleme rt olicy AG- ' 5 .3 an *
'New
! ' ices AG- 1,5 .3 . ,
and AG--Hf
GENERAL PLAN 2030 AMENDMENT
The adopted General Plan 2030 includes the following policy in the Agriculture Element:
Policy AG-P5.3: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.
As noted in Section 3.4.1.1,the 2010 EIR for General Plan 2030 identified this policy as a mitigating policy in
the agriculture and land use sections.This policy was not affected by the 2012 General Plan Amendment.
The proposed General Plan 2030 Amendment would revise the Agriculture Element as follows,with
revisions shown in strikeout and underline:
Amend General Plan Policy AG-P5.3 as follows:
The Zoning Ordinance shall require that a buffer be established on property proposed for
residential development in order to protect existing agricultural uses lands designated Agriculture by the
General Plan and zoned Agriculture under the Zoning Ordinance from incompatible use conflicts.The
desired standard shall be 300 feet, but may be adjusted to address unusual circumstances.
Adopt new General Plan Policies AG-P5.3.1,AG-P5.3.2, and AG-P5.3.3 as follows:
AG-P5.3.1 The Zoning Ordinance shall allow animal grazing and crop cultivation, as defined under the
Zoning Ordinance, as an interim use in Residential, Commercial and Industrial zones on parcels of 1-
acre or larger in size.The Butte County Right-to-Farm Ordinance (Butte County Code Chapter 35) shall
continue to recognize that, while not exclusively devoted to agriculture, Residential, Commercial and
Industrial zones may support animal grazing and crop cultivation as an interim use prior to
development.
AG-P5.3.2 The Zoning Ordinance shall require a setback between a new residence and an existing active
orchard or vineyard that locates the residence as far away from the orchard or vineyard as practicable,
taking into account adiacent agricultural uses and practices, provided it does not limit the density
permitted by the residential zone, and in no case is less than 25 feet.This setback shall be imposed on
the parcel developing with residences and shall be reviewed by the Zoning Administrator in consultation
with the Agricultural Commissioner as to width.The setback shall be subject to a public hearing.
AG-P5.3.3 The Zoning Ordinance shall require that a buffer be established pursuant to Policy AG-
P5.3 on property proposed for residential development requiring discretionary approval in order
to protect existing Williamson Act contracts (i.e. those contracts that are in effect at the time of
adoption of this policy)from incompatible use conflicts.The desired standard shall be 300 feet, but
may be adiusted to address unusual circumstances.