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HomeMy WebLinkAbout17-153 5 r I/,,. /�..!r/./,'i ��, u'�r, ✓/r ri/, �, na /a ,h.,. i/.� 1,.,> r✓r,. � / I( /,. -rr/ rli fir..rr //ji Jr� /i./r Y r.. / Iii��, f ' r,,., r,✓r, ,, ✓i„i, r r,: /lrl r r f., /1 /i ! � r,, / l r r, r r, r� 1//%// r r ry 1%;! n / 1 ,.;//. / '7. / ,c �/i//e r /���rr•`O�f ri <r, .r, IY.r / j' .:1 � ,/. f I/„x., / rr a 1 /. r� r...���,!✓ �/.. 1r ,r ,, Dr ,;v. fi l..Ir i.�ri ✓ /I,. r ,.,, ,,. r, r p a /;,„rl r /,, / ,;, .r,„„r /, , ,/! /,I I / /ro./ r/r I/r, r, Z",? /,, v/, /f/, 1, / i, r l ✓ / r / ark fi, r +), / / r,r f r U r r r, : / � o, ,<.,, e. ,, r r. �Y r ,� i„, ,,% ,/l ✓/ ,.f ,/ r"1 rr,r r, ,, / r l ,, d r fr, ,✓r,,r I /I r /, „i /r // r,r „r.... r ,,, ,1/ / I. r. J. r/.. /,. r r/! r ✓/rJ ..r/ rr r.. r r.. v. ,, r. f i i ,,,,, r, ��� �. r ,r..;,,,,;r,///ir,/r,..r„eJniirr,!rr„1�,. /il ry/x,,,, l%k,,,,r//r,��/�/,ril,</,�% /„l„//„1,l ,,/i�`i/�,/r /„rr�.r✓ Resolution No.. 17-153 A RESOLUTION OF THE BUTTE COUNTY(BOARD OF SUPERVISORS IMPLEMENTING AN AMENDED LAND CONSERVATION! (WILLIAMSON)ACT PROGRAM RUDE 5.A WHEREAS, the state passed the California Land Conservation (Williamson) Act in 1965 to promote the general welfare and protect the public interest in agricultural land; and WHEREAS, the Williamson Act enables local governments to enter Into enforceable contracts with private landowners for the purpose of restricting specific parcels of land to agricultural or open space use; and WHEREAS, in return, landowners receive property tax assessments which are substantially lower because they are based upon agricultural and open space use; and WHEREAS,the Board of Supervisors of the County of Butte,State of California on december 5, 1967, established agricultural preserves pursuant to the Williamson Act; and WHEREAS, the Board of Supervisors adopted the Butte County Administrative Procedures and Uniform Rules for Implementing the Williamson Act as Boards Resolution No. 07-0121 on January 23, 20017; and WHEREAS,the administrative Procedures and Uniform Rules for Implementing the Williamson Act were intended to be updated and amended as deemed necessary; and WHEREAS,the Board of Supervisors adopted changes to Rule 5.A.5.d as Resolution No.10-052 on March 30,2010, regarding the minimum parcel size for establishing a residential use on land that is subject to a Williamson Act contract; and WHEREAS, the Board of Supervisors adopted changes to the term of Williamson Act contracts as Resolution No. 11-1.21 on October 25, 2011, consistent with Assembly Bill 1265; and WHEREAS,the legislature has determined that it is in the public interest for local officials and landowners to retain agricultural lands which are subject to Williamson Act contracts in parcels large enough to sustain agricultural uses permitted under the contracts; and WHEREAS,Government.Code section 51222 presumes parcels to be large enough to sustain their agricultural use if the land is(1) at least 10 acres in size in the case of prime agricultural land, or(2) at least 40 acres in size in the case of land which is not prime agricultural land; and WHEREAS, the Butte County Board of Supervisors has adopted Rule 5.A Table One of the Butte County Administrative Procedures and Uniform Rules for Implementing the California Land Conservation (Williamson)Act,setting more restrictive (larger) minimum size requirements for parcels enrolled in the Williamson Act based on the agricultural use of the parcel and the minimum parcel size deemed necessary to sustain such use; and WHEREAS, minimum parcel size requirements under Rule 5^ATable One are as follows: orchards,vineyards, kiwi, fruit, nut and similar crops: 20 acres; field crops, irrigated row crops, small grains, and similar crops: 80 acres; irrigated pasture nrirrigated rice production: 8Oacres; open-space uses: 80acres; dry land grazing: 16Qacres; and WHEREAS, Kw|e 5.A.5.a further requires that parcels also meet orexceed minimum lot sizes established by the ap�p�|iceb|ebeoe Butte County zoning district; and WHEREAS,while TabUe One deems a 20-acre parcO in orchard use large enough to sustain its agricm|tura| use,the Rule 5.4.5.a nequiremnentcan result in situation where a2O-acme parcel in orchard use inthe AG'28zone iseligible for enrollment, while 20-acre parcel in orchard use inthe AG-40zone |s not eligible for enrollment due to its base zoning minimum parcel size, with similar results for parcels in other agricultural uses; and, WHEREAS,as a result, property owners,applicants,an�Williamson Act Advisory Committee members have raised questions regarding the need for the Rule 5.4.5.a requirement that parcels must meet the minimum parcel size requirement for the base zoning; and WHEREAS, additional updates and cleanups are needed to bring Rule, 5.A into conformity with the County's updated zoning and other regulatory updates; and WHEREAS, the Butte County Williamson Act Advisory Committee considered potential amendments to Rule 5.A, including a report from staff and comments from the public, at its regular meeting on May 22, 2017, and recommended amendment of Rule 5.A.5.a, as w0 as several other updates and clean-ups to Rule 5.A,to the Board of Supervisors. NOW,THEREFORE, BE |T RESOLVED that the Butte County Board ofSupervisors hereby: I. Finds that adoption nfthe proposed changes to Rule 5.Aisconsidered exempt from environmental review under the General Rule exemption section 15861(b)(3\. This section states that CE[bAapplies only to projects which have the potential to cause a significant effect on the environment. 2. Finds that amendment of Rule S.A if necessary to effectively and appropriately implement the Williamson Act. 3. Hereby adopts changes to Rule 5.A of the Butte County Administrative Procedures and Uniform Rulesfor Implementing the California Land Conservation (Williamson)Act Bsshown inExhibit A. PASSED AND ADOPTED by the Butte County Board ofSupervisors this 12'^ day of September, 2017, by the foNuw/ingvote: AYES:Supervisors Wahl, Kirk, Lambert,Teeter, and Chair Connelly NOES: None ABSENT: None NOT VOTING: Nome Bill Connelly, Chair Butte County Board qfSupervisors ATTEST: Paul Hahn, Chief Administrative Officer and Clerk mfthe Board ofSupervisors, EXHIBIT A RULE 5 WILLIAMSON ACT CONTRACTS A. General Provisions. 1. Agricultural Preserves. In 1967, the Butte County Board of Supervisors established ten agricultural preserve areas that cover the County. Land that meets the criteria detailed in these policies, procedures and rules may be eligible for Williamson Act contracts. 2. Zoning and General Plan Land Use Designations. Parcels for inclusion must be consistent with the applicable General Plan designation of Agriculture and zoning classification of AG (Agriculture). Table One of this rule sets minimum parcel size. 3. Primary Uses. Only those parcels that are primarily used for agricultural production or open space use (51201 (o)), as respectively established in Rule 4 of these rules and procedures, are eligible for inclusion in a Williamson Act contract. 4. Qualifications for Williamson Act Contract. To qualify for a Williamson Act contract, land shall be in an agricultural preserve, and be comprised of a single parcel of land, or two or more contiguous parcels, when such parcels are under the same ownership or are owned by immediate family members and are managed as a single unit. a. Minimum Parcel Size. The minimum parcel size required for inclusion in a Williamson Act contract shall be that set forth in Table One of this rule. All parcels smaller than the contract minimum size shall be legally combined or merged to comply with Table One of Rule 5, concurrently with approval of the contract. b. Parcels in Different Ownership. In considering a contract for parcels under different ownership, the Williamson Act Advisory Committee may recommend, and the Board of Supervisors require that a management plan and agreement satisfactory to the Committee be recorded between the owners to ensure sustainable agricultural management of all land under contract for the duration of the contract. c. Combining Parcels. When parcels are combined under the same contract, each individual parcel must comply with the minimum acreage requirement, by type of use, as set forth in Table One of this rule. Each parcel must also currently be utilized for or proposed to be utilized for agricultural or open space uses as provided in these rules and the California Land Conservation Act. d. Incompatible Uses. The application process for inclusion in the Williamson Act requires the applicant to disclose all existing and proposed uses and structures on the land proposed for inclusion. The Williamson Act Advisory Committee may recommend, and the Board of Supervisors may determine that the impacts of incompatible uses or structures render portions of the proposed land inappropriate for inclusion in the Williamson Act. Only entire parcels may be enrolled in the Williamson Act. e. Application Process.All applications must be submitted to the Department of Development Services on or before September 15 of each year to be eligible for a Williamson Act contract to 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 deemed to be complete, prior to October 1, in order to be eligible for actual consideration by the Williamson Act Advisory Committee and the Board of Supervisors. f. Agricultural Easement Exchange. Lands under Williamson Act contract may be rescinded from the Act in order to simultaneously place other lands under agricultural conservation easement pursuant to Section 51256 of seq. g. Adding Lands to a Williamson Act Contract. Land may be added to an existing Williamson Act contract. Any parcel added must meet the minimum acreage requirements in Table One of this rule or be legally combined with an existing parcel within the contract to meet minimum acreage requirements per the Subdivision Map Act and local regulations. h. Lands Bordering Cities and in Special Planning Areas. When considering inclusion of lands within urban spheres of influence, lands within specific plan areas and lands within special planning areas, the Williamson Act Advisory Committee and the Board of Supervisors shall consider whether such lands are subject to specific plans, special plans and/orjoint planning memorandums of understanding and similar policies. S. Minimum Parcel Size and Acreage for Williamson Act Contracts. The required minimum acreage for each application is based on the type of agricultural activity and shall be as follows: TABLE ONE: Minimum Incoming Type of Activity Acres per Contract and Minimum Parcel Size Orchards (vineyards, kiwi, fruit, nut 20 and similar crops) Field Crops (irrigated row-crops, 80 small grains, and similar crops) Irrigated Pasture or Irrigated Rice 80 Production Open Space Uses 80 Dry-Land Grazing 160 a. Minimum parcel size applies to Williamson Act contract parcels, parcels eligible for home building permit, and parcels eligible for sale or transfer. Land owners may merge adjacent parcels to attain the minimum acreage required in Table One, concurrent with enrollment in the Act. b. The acreage limitations in Table One above shall apply to the use of the subject lands on the date of signing the Williamson Act contract. After the signing of the contract, the type of crop or agricultural use may be changed at the sole discretion of the landowner. However, at a minimum the use must remain consistent with the level of agricultural activity on which contract approval was based. Any changes in use are subject to the qualifying compatible uses described in Rule 3 herein. c. Land shall be permitted to be divided into parcels that do not meet the minimum parcel sizes provided in these rules and procedures only when such division is for the purpose of transferring ownership from one immediate family member to another in accordance with Section 51230.1 and Rule 7. D. Subsequent sale of such parcels to nonfamily members is contrary to Williamson Act policy and to these rules. d. 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 Government Code Section 51230.2. An exception is also made in the case of a transfer of land to an immediate family member pursuant to Government Code Section 51230.1. For such a transfer, the minimum parcel size shall be as specified in Section 51230.1(a). For such transfers Section 51230.1(a) requires a 10-acre minimum parcel size in the case of prime agricultural land or 40-acre minimum parcel size in the case of non-prime agricultural land. e. All parcels smaller than the Williamson Act contract minimum size shall be legally merged to comply with Table One above, concurrently with approval of a contract for inclusion into the Williamson Act. f. Two percent (2%) deviations from the specified Williamson Act contract acreage minimum in Table One above may be allowed subject to review by the Williamson Act Advisory Committee and approval by the Board of Supervisors.