HomeMy WebLinkAbout19-222RESOLUTION OF THE BUTTE COUNTY BOARD OF SUPERVISORS IMPLEMENTING AMENDED LAND CONSERVATION
(WILLIAMSON) ACT PROGRAM RULE 3 AND RULE 4
WHEREAS, the State passed the California Land Conservation (Williamson) Act in 1,965 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 compatible 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 Board Resolution 07-021 on January 23, 2007; 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 10-052 on March 3,0, 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 11-
121 on October 25, 2011, consistent with Assembly Bill 1265; and
WHEREAS, the Board of Supervisors adopted changes to Rule 5.A as Resolution 17-153 on September 12, 2017,
regarding the minimum parcel size for enrolling property in the Williamson Act; and
WHEREAS, the General Plan Agricultural Element directs maintenance and updates of the Williamson Act program
through its policies AG -P1.3 and AG -A1.1 as follows:
• AG -P1.3 Continue to work with landowners in establishing new and maintaining existing Williamson Act contracts.
• AG -A1.1 Maintain County policies to address consistency with the Williamson Act and future amendments.; and
WHEREAS, the legislature has found, that in a rapidly urbanizing society agricultural lands have a definite public
value as open space; and
WHEREAS, the legislature has further found, that land within a scenic highway corridor or wildlife habitat area as
defined in the Act has a value to the state because of its scenic beauty and its location, adjacent to or within, view of a state
scenic highway or because it is of great importance as habitat for wildlife and contributes to the preservation or
enhancement thereof; and
WHEREAS, Government Code section 51201(d) identifies open -space as a use to which land in an agricultural
preserve may be devoted; and
WHEREAS, Government Code section 51201(0) defines the types of open -space use allowable on enrolled
property; and
WHEREAS, the Butte County Board of Supervisors has adopted Rule 3 Qualifying Uses on Williamson Act Land,
which identifies primary, accessory, and conditionally permitted uses on Williamson Act land; and
WHEREAS, the Butte County Board of Supervisors has adopted Rule 4 Qualifying Open Space Uses on Williamson
Act Land, which describes qualifying criteria for open space use and procedures for review and approval of open space
applications; and
WHEREAS, on July 24, 2018 the Board of Supervisors directed staff to bring forward focused updates to the
County's Uniform Rules for the Williamson Act which could allow development of one single-family home on properties
enrolled for open -space use as an accessory use; and
WHEREAS, additional updates and cleanups are needed to bring Rule 3 and Rule 4 into conformity with the
County's updated zoning and other regulatory updates; and
WHEREAS, staff has prepared focused updates which would revise Rule 3 as follows:
Revise the title of Rule 3 to Qualifying Agricultural Uses on Williamson Act Land, clarifying that this Rule applies to
agricultural and compatible uses, rather than open -space and compatible uses
Modify the text of Rule 3.D Other Uses Approved by the Board of Supervisors, as follows:
■ Categories of open -space use defined under Section 51201 are deleted, and are included under Rule 4 instead;
■ Recreational use, a potentially compatible use, is now more clearly defined under Rule 3.D.1;
■ The procedure to determine whether other uses are compatible with a primary agricultural use is more clearly
defined under Rule 3.D.2.
• No changes to other sections of Rule 3 are proposed; and
WHEREAS, staff has prepared focused updates which would revise Rule 4 as follows:
The proposed changes to Rule 4 continue to allow the three categories of open -space that are defined under Article 1
General Provisions of the Williamson Act and currently allowed under the County's program:
• Scenic highway corridor
• Wildlife habitat area
• Managed wetland area
In addition, the proposed changes identify four types of accessory uses as compatible with primary open -space use: 1)
Customary storage buildings, structures, and necessary equipment for the maintenance and support of the open space
use; 2) One single-family home on parcels 80 acres or greater in size, with a limit of one single-family per contract; 3) Gas,
electric, water, or communication facilities per section 51238 of the Act; and 4) Recreational uses as defined in section
51201 of the Act; and
WHEREAS, the proposed updates have been provided to the Department of Conservation, which has expressed
no concerns; and
WHEREAS, the Butte County Williamson Act Advisory Committee considered this issue, including a report from
staff and comments from the public, at its regular meeting on June 3, 2019, and recommended amendment of Rule 3 and
Rule 4 as shown in Exhibit A to the Board of Supervisors.
NOW, THEREFORE, BE IT RESOLVED that the Butte County Board of Supervisors hereby:
1. Finds that amendment of Rule 3 and Rule 4 is, necessary to effectively and appropriately implement the Williamson
Act.
2. Adopts amended Butte County Administrative Procedures and Uniform Rules for Implementing the California Land
Conservation (Williamson) Act in order to implement an amended Rule 3 and Rule 4 as shown in Exhibit A.
PASSED AND ADOPTED by the Butte County Board of Supervisors this 23t" day of July, 2019, by the following vote:
AYES: Supervisors Connelly, Ritter, Teeter, and Chair Lambert
NOES:
ABSENT: Supervisor Lucero
NOT VOTING:
Steve Lamber0air
Butte County Board of Supervisors
ATTEST:
Shari McCracken, Chief Administrative Officer
and Clerk of thegealrd of Supervisors
EXHIBIT A
RULE 3 QUALIFYING AGRICULTURAL USES ON WILLIAMSON ACT LAND
A. Uses that Qualify as Primary Agricultural Uses. Per Section 51238.1 the Board of
Supervisors has determined that the following uses are compatible with the Williamson
Act. The determination that the uses listed below are compatible with the Williamson Act
does not in itself entitle the landowner to these uses. The uses listed below are also
subject to all County, State, and federal laws and regulations. The more restrictive
regulation, whether Williamson Act or other government code shall apply. Except as
otherwise provided in these rules and procedures, the following uses qualify as compatible
uses on land for inclusion in the Williamson Act. The LCA Committee shall, on a case by
case basis as necessary, consider and make a recommendation to the Board concerning
whether a proposed use is consistent with uses including but not limited to the following
compatible uses:
1. General farming, ranching, horticulture, commercial livestock production (including
hog ranches, dairies, dairy and beef cattle feedlots), commercial poultry
production, and similar activities (except as limited by Rule 3.C. below).
2. Livestock pastures and grazing.
3. Aquaculture facilities.
4. Operation of apiaries.
5. Cultivation of tree, vine, row and field crops.
6. Growing of ornamental and agricultural nursery stock.
7. Greenhouse structures.
8. Growing of Christmas trees.
9. Prime agricultural lands fallow for not more than three years out of five.
10. Processing, packing, selling and/or shipping of agricultural products per Butte
County Zoning Code Section 24-9 (b) (3).
11. Customary agricultural buildings, structures, and necessary equipment for the
maintenance and support of the uses listed above.
12. One single-family residence or modular home for persons working in direct support
of agricultural production on the Williamson Act contracted land. One such
residence is allowed on each legally -created parcel within the contracted lands that
conforms to minimum acreage standards in Table One of Rule 5.
13. Agricultural Employee Housing facilities (including manufactured homes) to
accommodate only agricultural employees and their families. This agricultural
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worker housing is allowed in the Butte County "Agricultural' zoning districts only
pursuant to zoning code Section 24-90 (a) (5).
14. The drilling for hydrocarbon, including the installation and use of such equipment,
structures, and facilities as are necessary per Section 51238, so long as these
activities do not interrupt or impair the primary agricultural use or secondary
approved compatible use on the land.
15. Water storage reservoirs and irrigation areas which are required for the direct
support of the agricultural operations on Williamson Act contracted land. Private
recreational lakes are not compatible uses on Williamson Act land.
B. Accessory Uses to Primary Agricultural Uses. Per Section 51238.1 the Board of
Supervisors has determined that the following are compatible accessory uses, as long as
they are incidental, related, appropriate, and clearly subordinate to the primary agricultural
use (as provided in Rule 3.A) which do not significantly alter or inhibit the primary use on
the land. The accessory uses listed below must also be in conformance with all County,
State, and federal laws and regulations and may require a use permit. Except as otherwise
provided in these rules and procedures, the following accessory uses qualify as
compatible uses on land for inclusion in Williamson Act. The Director of Development
Services or the LCA Committee (per procedures in Rule 2 B) shall, on a case by case
basis as necessary, consider and make a determination whether a proposed use is
consistent with uses including but not limited to the following compatible uses:
1. Those uses normally associated with a single-family residence use and are in
conjunction with or incidental to the residential use, including but not limited to a
garage, workshop, shed, garden, private swimming pool, private tennis court,
gazebo, spa, etc., and as amended by zoning code.
2. Warehousing and storage of agricultural products.
3. Accessory buildings and uses pertinent to the commercial agricultural uses,
including facilities to process only the agricultural commodities.
4. A stand or a display for the sale of agricultural commodities produced on the
premises including the incidental sale of agricultural products produced off-site.
5. Private airport or aircraft landing facilities which are directly supportive of the
agricultural operations on the Williamson Act contracted land (example: crop
seeding, dusting and fertilizing).
6. Recreational uses not requiring any permanent improvements or facilities and not
interfering materially with agricultural operations. This includes seasonal hunting
and fishing uses with no permanent facilities, provided that any recreational
vehicles and travel trailers shall be used for occupancy during non -cropping
seasons only.
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7. The processing and sale of firewood from orchard operations.
8. Public utility transmission and delivery lines per Section 51238.
9. Animal rendering plants and agricultural waste composting facilities.
10. Game bird production.
11. Specialized Animal Facilities: are defined as confinement care or keeping
establishments for agricultural and other animals including but not limited to:
husbandry of fur -bearing animal species; riding academies, accessory equestrian
facilities and large scale horse raising, and kennels. Riding academies, accessory
equestrian facilities and kennels require a use permit per Butte County Code
Section 24-90(c) and/or the determination of the Director of the Department of
Development Services. Specialized Animal Facilities may not predominate,
preclude, or negatively impact primary qualifying agricultural uses on Williamson
Act -contracted land. When a use permit is required, the LCA Committee shall
make a recommendation to the Board of Supervisors concerning whether the
proposed use is compatible with the primary use, pursuant to Section 51238.1 and
Rule 5.D.
The difference between grazing/pasture and feedlot operations is defined as
follows:
a. Animal Feedlot: a lot or building or combination of lots and buildings
intended for the confined feeding, breeding, raising, or holding of animals
and specifically designed as a confinement area in which manure may
accumulate, or where the concentration of animals is such that a vegetative
cover cannot be maintained within the enclosure. Open lots used for the
feeding and rearing of poultry (poultry ranges) shall be considered animal
feedlots.
b. Grazing/Pasture: areas where grass or other growing plants are used for
grazing and where the concentration of animals is such that a vegetative
cover is maintained during the growing season except in the immediate
vicinity of temporary supplemental feeding or watering devices. Those
areas of supplemental feeding or watering devices within a pasture do not
constitute a feedlot.
C. Conditionally -Permitted Uses on Williamson Act Land. All such uses must comply with
Section 51238.1. Some uses listed in this rule (Rule 3) are uses that, without conditions
or mitigations would not be in compliance with the Butte County Zoning Code or with
Section 51238.1(a). Section 51238.1 (c) details the four findings that must be made before
a conditional use permit may be granted for such uses.
Uses Allowed Only by Use Permit: Although the following uses may be found to be
consistent with the Williamson Act, Butte County Code also requires that the Planning
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Commission approve a use permit for these uses. For each proposed use an application
for a use permit shall be reviewed and verified by the Development Services Department.
The Development Services Department will coordinate with the LCA Committee
Chairperson to schedule a meeting of the LCA Committee for review. The LCA Committee
shall consider the compatibility of the application with the Williamson Act, consistency with
these rules and procedures, and shall make a recommendation to the Board of
Supervisors concerning compatibility with the Williamson Act. The Board of Supervisors
determines if a conditionally permitted use is compatible with the Williamson Act, per the
three principles of compatibility in Section 51238.1(a). In such cases, the Planning
Commission approval is "conditional", pending a Board of Supervisors determination of
the compatibility of the use with the Williamson Act per Section 51238.1. By informational
memorandum, the Development Services Director informs the Planning Commission of
the Board of Supervisors determination.
1. Public and quasi -public uses (Butte County Code Section 24-90 (c) 1), including
wireless telecommunication facilities, structures and buildings that conform to
Sections 51238 and 51291.
2. Veterinary hospitals and/or clinics.
3. Use of Williamson Act land for seasonal hunting, hunting clubs, and wildlife
observation facilities that do not interrupt or impair the primary agricultural use or
approved accessory use on the land (Butte County Code Section 24-90 (c) 4).
Physical structures in support of the uses allowed by this rule may be permitted
where the LCA Committee determines that said structures do not interrupt or
impair the primary agricultural use or approved accessory use on the land.
4. Surface mining mineral extraction, quarries, and all other mines (not including
asphalt and concrete batch plants). Mining is defined as any use requiring a mining
permit as defined under Chapter 13 of the Butte County Code. For any mining use,
the Board of Supervisors (on an individual case basis) must determine if it is
possible to make the required statutory findings of compatibility under either
Section 51238.1 or 51238.2. The mining proponent must provide all necessary
documentation and analysis as may be required by the Department of
Development Services in supporting such findings for LCA Committee, Planning
Commission, and Board of Supervisors consideration. All mining must
demonstrate compliance with the Surface Mining and Reclamation Act by a mining
use permit and reclamation plan approved by the Butte County Planning
Commission.
Mining is a compatible use with the Williamson Act under limited circumstances.
In most cases, for the application to be complete, the Williamson Act contract must
be terminated by nonrenewal or cancellation (Rule 6) prior to commencing a
mining project. The Board may approve the following when the corresponding
Williamson Act findings can be made:
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a. Phasing of a mining project on adjacent, non- Williamson Act contracted
land while the nonrenewal process runs its course.
b. Williamson Act contract rescission (Section 51256) a landowner may enter
an agreement with the local government to rescind the contract on the land
proposed for mining and simultaneously place other land in the same
county, of equal or greater size and value, in a permanent agricultural
conservation easement. Such contract rescissions require the approval of
the Director of the Department of Conservation per Section 51256.1.
C. Determination of mining as a compatible use meeting Section 51238.1(a)
criteria for prime land or Section 51238.1(c) for non -prime land. The use of
mineral resources shall comply with Section 51238.2. The Board must find
the following:
• That the activity will not significantly impair the Williamson Act
contractual commitment to preserve prime land or non -prime land for
open space use.
That the Williamson Act contracted land must be returned according to
the SMARA reclamation standards for its previous prime or non -prime
condition. Any reclamation of contracted land to "open space" use must
meet the definition in Section 51201 (o) per Rule 4 below.
D. Other Uses Approved by the Board of Supervisors. The following uses may be
approved by the Board of Supervisors as compatible uses consistent with Section 51238.1
if the use does not significantly impair the primary agricultural use (as defined in Rule 3)
which qualifies the land for Williamson Act contract:
Recreational use as defined in section 51201. Consistent with section 51201(n),
"recreational use" is the use of land in its natural state by the public, with or without
charge, for any of the following: walking, hiking, picnicking, camping, swimming,
boating, fishing, hunting, or other outdoor games or sports for which facilities are
provided for public participation. Any fee charged for the recreational use of land
shall be in a reasonable amount and shall not have the effect of unduly limiting its
use by the public. Any ancillary structures necessary for a recreational use shall
comply with the provisions of section 51238.1.
2. Any other use not described in these rules and procedures which the Board, after
consideration of a recommendation from the Williamson Act Advisory Committee,
determines to be compatible with the agricultural characteristics of the subject and
adjacent agricultural land, and is otherwise in compliance with the principles of
compatibility as set forth in Section 51238.1.
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RULE 4 QUALIFYING OPEN SPACE USES ON WILLIAMSON ACT LAND
The Board of Supervisors (Board) has determined that the following open space uses are eligible
for inclusion in a Williamson Act contract by the procedures described below:
A. Uses that Qualify as Primary Open Space Uses. Per Government Code section 51205,
land may be enrolled in the Williamson Act under an open space contract if the use or
maintenance of the land preserves its natural characteristics, beauty, or openness for the
benefit and enjoyment of the public, or to provide habitat for wildlife, and the land is within:
1. A scenic highway corridor, as defined in section 51201 (i)
2. A wildlife habitat area, as defined in section 512010).
3. A managed wetland area, as defined in section 51201(1).
B. Accessory Uses to Primary Open Space Uses. The Board has determined that the
following accessory uses are compatible with open space use, as long as they are
incidental, related, appropriate, and clearly subordinate to the primary open space use.
The accessory uses listed below must also be in conformance with all County, State and
federal laws and regulations and may require a use permit. Per section 51238(b), the
Board may impose conditions on lands or land uses to be placed within preserves to permit
and encourage compatible uses in conformity with section 51238.1.
1. Customary storage buildings, structures, and necessary equipment for the
maintenance and support of the open space use.
2. One single-family home on a parcel with a minimum of 80 acres within the
contracted property and limited to one single-family home per contract, to be
located where it has the least impact on the open space use.
3. Gas, electric, water, or communication facilities allowable per section 51238.
4. Recreational use as defined in section 51201. Consistent with section 51201(n),
"recreational use" is the use of land in its natural state by the public, with or without
charge, for any of the following: walking, hiking, picnicking, camping, swimming,
boating, fishing, hunting, or other outdoor games or sports for which facilities are
provided for public participation. Any fee charged for the recreational use of land
shall be in a reasonable amount and shall not have the effect of unduly limiting its
use by the public. Any ancillary structures necessary for a recreational use shall
comply with the provisions of section 51238.1.
C. Review and Approval of Open Space Use Applications. The Williamson Act Advisory
Committee (Committee) shall consider and make a recommendation to the Board
concerning the consistency of any application with these rules and procedures. This
assessment and the recommendations of the Committee shall be submitted to the Board
by the Department of Development Services.
D. Conversion to Open Space Use. The conversion of contracted land from agricultural
use to an open space use requires execution of an amended contract. If the landowner
is unwilling to enter into an amended contract, the Board may non -renew any contract
for lands which have been converted to an open space use.
E. Procedure Regarding Existing Conservation Easements. As instances of existing
habitat conservation easements on Williamson Act land come to the attention of the
County, the County will consult with the California Department of Fish and Wildlife (CDFW)
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in determining if the land in question could be determined to meet the following Williamson
Act (Section 51201 Q)) definition of a "wildlife habitat area":
A "wildlife habitat area" is a land or water area designated by a board or council, after
consulting with and considering the recommendation of the Department of Fish and Game,
as an area of great importance for the protection or enhancement of the wildlife
resources of the state.
If the Board finds that the land meets this definition, it may approve an amended
Williamson Act contract with the landowner to reflect the change in use on the property
and to bring the contract into conformance with the regulations of the Williamson Act and
the current uses on the land. Land shall be considered for inclusion as wildlife habitat only
after a wildlife habitat area resource management plan (per Rule 5.B.1.e) has been
approved by the Board. In many cases, the conservation easement documents recorded
with the grantee conservation easement holder (e.g. CDFW, NRCS, USDA, etc.) may
contain adequate detail to serve as the required resource management plan. The resource
management plan shall be recorded with the contract amendment.
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