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Home My WebLink About2600f r ' E , ~ 2 3 4 5 6 7 8 9 ZO ~~ 12 ~3 : Z4 ~5 16 7.7 1S 19 20 2I 22 23 24 2S 2s ORDSNANCE N0. 2~00 ! AN ORD~NANCE AMEND~NG CHAPTER 24 OF TI~ BUTTE COL3iV~'Y C4DE The Baa~d of Suparvisors of the Coun~y o~ Butte, State nf California, under and pursuant to Chapter 24-29 0~ the Butte County Code af said County, DU ORDAIN, as ~ollows: SECTIOI~ 1. Sectian 24-5~ of the $utte County Code is hereby amended to read as follows: SECTZON 24-54 BEGREGA'~T~ON OF HOME5ITE5 IN AGRICULTUR.AL ZONES I {a) Purpose and ~ntent i It is tk~a purpose and in~ent or this orda.nance to a11ow the segrega- i ~ion of one (1) existi.ng home in the agricultural zones providing that the proposed s~gregation meets c~rtain criteria as speci~ied in thi.s Article. ~b) Definitions (1) Contiguvus Cantiguous parcels are any two properties which share a mutual boundary. Praper~.y shall be considered as contiguous units, even if it is sepa~ated by roads, streets, utility easements or railroad rzghts-of-way per 5ection b5424 of the Subdivision Map Act. (2) Re1.a~ed Ownership Related ownership is having either ~amily, partnersha.p or corparate invo~vement in possession of prop~rty. Family is considered as relat9.ves to the second degree in a direct line af consanguinity. Partne~ships or co~poza- tions s~all m~an only those pa~tnerships and carporations which a~e recognized, astabi3shed or au~hari.zed to do businass under the laws of the S~ate of Cali~ornia. tc) Permitted Uses In the Agritultural zones {A-5 through A-16a), excl.uding parcels df five E~) aC~es or smaller, the subdivision of propa~ty in arder to J.~galiy ~i ~ , ~ f ~~ ~~ I ~ Segregate one (1) home (an existing primary residence} rrom the remaining farm- 2 Iand may be a].lowed wi~h the app:~oval of a Use Permi.t by the Planning Commission. 3 The application for the Use Permit shal]. include a plan of development and use [~ for the entire area of existing contiguous parceJ.s, under the same or ze~ated ~ ownership. A11 exa.sting dwellings and othar existing and/or proposed structuxes g sha11 he shown on the plan. In addition, natural or man-made cr~~ks, drains 7 0~ canals should be shown. The Planning Commissian may grant such a permit only g a~rter finding, in additian to the findings required by Section 24-47, that al~ i g the conditions (1-6) are met. ~ 10 (1) The parcel ta be crea~ed is to allow an owner, who, for a minimum aTr ~ I~ 10 continuous years/months immedia~el.y prior to application, Yzas resided upon i2 and farmed the subject property, to retain the ex~.s~.ing home and continue the remaining acreagE in agricultural use. 13 (2) The exista.ng parcel(s) shown an the plan together meat tha parc~l ~[~ area requir~~nants of the zone. ~g _ (3) The proposed segregation wi~l not reduce the capabilities ~or ~6 agricultural use of the non-home parcel and stxzrounding properties. ~7 (G) The proposed segregated parcels meet the ~equire~r-ents of ~he County ~,g Health Department for sawage disposa~ and water supply. ~,g (5) The proposed segregation is consist~nt with the polieies of the 2a Butte County General Plan because o~r the covenant required ~n Sectian 2~+-54(d}. 21 (b} The existing home parcel bei.ng segregated is not lass than one 22 (1) ac:re and not more than two (2) acres or ~he minimum lot area allowed by 23 the County Hea3.~.h Department, whichev~r is greatar. 24 {d) Other Standards and Re4~ire~ents 2g Pria~ ta the divisian being effective, the owxser or owners of the 2g property included in the approved development p~an shall execute and cause to be recorded in the a~rfice of the Recoxdar a covenant binding upon the orig~.na~ -~- i `~ ~ ~ ,~ I I I ~ owners and their heirs, successors and assigns, which disallows addi~a.onal ~ dwellings fraxn being locatad on the agricu~tura~. property or the agricultural 3 segregation parcel. ~ The Use Permit and covenant sha11 be in force for ten (10) yeax~s 5 minimtun from the time af recording of the covenant at the Recarder's Offic~ g and wil~. continue c~nti]. the applicant applies to the 1'lanning Depar~.ment to be 7 agendized a~ a meeting of the Planning Cor~-znission for review. The Planning $ Co~r-mission options ~or action are: g flj ~erminata the covenant and remove condita.ons from Use Permit. ~,~ .Applications far termination to be accompanied by the fae set by Resolution o~ ~~ tha Baard of Suparvisars to he deposa.ted in the County general fund, no part 12 of which sha3.1 be returned to the applican~.. Applications for termination ta ~~ be considered as for use permits, Code Section 2G-43 et seq. and Code Section 14 24-48 fox the appea~ pracess. lr~ (2) Extend tha covenant for a period not to exceed ten (~0) years. ~6 {3) Considex the area for change in designation from Orchard and ~q Field Cxops, Grazing and Open Land or Agri.cultura~-Residential to a non- ~,g agricultural desi.gnation under the General Plan. 29 The Use Permit and covenant shall be in force for t~e agreed-upon 2p time unless the General P~.an is amended and tha land in question is no longer 2~, desi.gnated agricul.~ura1. If this should occur, ~.he applicant may' apply ~or 22 termination of the covenant. The ~3se Permi~ and covenant sha11 be in ef~ect 23 regardless of any zoning changa, as long as the General Plan designa~ion 24 remain.s Agricultural. 2g (e) Special Notes 2g It shall be the duty o~r the seller or his agent ~o inform any _3_ ~ 2 3 4 5 6 7 8 9 ~0 I I~ i2 ~.3 14 15 1.6 17 18 ~.9 20 2I 22 23 24 25 26 possib~e buyer or his agent of the existence of ~he covenant and o~ its terms. The covenant shall b~ in a far~ appraved by County Counsel. ' SEGTIO~ 2. Sec~ion 24~55 0~ the Bu~te County Cod~ is hereby amended to read as follows: SECTION 24-55 SEGREGAT~ON OF AGRICULTiIRA~ ~RQC~SSTNG USES ~N I AGR~CULTUR.AL ZQNES (a) Purpose and Intent It zs the purpose and intent of this a~dinance to a~low the segrega- ~ tion of existing agricultural processing uses in the agricultural zones ~ providing that the proposed segxegation meets certain criteria as speci~ied in thi.s Article. I (b) DefCinitions (I} Agricul~ural Products Agricultural products are the result of cc~ltivat~ng, harvesting and/ or raisi.ng orchards, field crops and/or liv'estock. Refer also to d~finition ofr Agricultur~. (2) A ricultural Processin Plant A,n accessory use to agriculture for p~epara~ion o~ harvested crops in ~.heir natural state, for desirous marketability, such as nut hulling p~ants, prune dehydrators and the supply, service, storage and rece~.v'ing stations of such products. The above uses shall not include stockyards, com- mercial ~reed yards, canneries, slaughterhouses, ferti~izer works ox plants for the reduction of animal matter. (3) Cantiguous Contiguous pa~cels are any two propert~es which share a mutual -4- ~ 2 3 4 5 6 71 8 9 10 1~ 12 1~ I~4 15 16 17 1$ 7, 9 2~ 2Z 22 23 24 25 26 boundary. ~roperty sha11 be considered as contiguous units, even if it is separated by roads, streets, utility easesnents or railroad rights-af-way per ~ection 66424 of the Subdivzsion Map Act. {4) Ralat~d Ownersh~p R~lated ownership is having either family, partnership or corporate in~olvement in possession of prop~rty. Fami~y ~s considered as relatives to the second degree in a direct line o~ consanguinity. ~artnersh~ps or carpora- tions shal~ mean only those partnerships and carporations which are recognizEd,~, established or authaxxzed to do businass under the ~aws of the 5ta~e of '~ Caiifornia. (c) Permitted Uses In the Agricultural zones (A-5 through A-1b0), excluding parcels of ten {10) acres or smal~er, the subdivision of praperty in order to legally segregate ane (1) sxisting agricu].tural proceszng site may be a17.o~a'~d with the approvaJ. of a Use Permi~. by the Planning Commission. T~e application ~or the ~3se Permit sha].1, include a plan o~ develapmen~. and use for the entire area of existing contiguous pa~cels, under th~ same or rela~ed ownership. All existing dwellings and other existing and/ar proposed s~ructures sha11 be shown on the plan. In addition, natural or man-made creeks, drains or canals sh.ould be shown. '~'he Planning Commi.ssion may grant such a permit only after find9.ng, in addition to the findings required by Section 2~+-47, that all the conditions (].-5) are met. (1,) The existing parcel{s) shown on the plan togeth.er meet the parcel area requirements af the zone. (2} The proposed segregation will not red~ce the cagahi~ities ~or agricultural. use nf the non-agricultural processing parcel(s) and surrounding -5- ~ I 2 3 4 5 6 7 8 9 10 Z~ 12 13 3.4 ~5 16 7.7 18 19 20 21 22 23 24 25 26 propertias. {3) The proposed parcels meet the requirements of the County Heal~h ' Depar~mant for sewage disposal and water supply. (~) Tha propased segrEgation is cansis~ent with the golicies of tha Butte County Gene~al Plan because of the covenant requi~ed in Section 24-55(d). (5) The agricu~tuzal processing parcel is not less than one (1) ac~e and not more than five (5} acres, or the minimum ~ot area allowed by the Co~nty Health Depart~ant, whichever is greater. (d) Other Standards and_Requirements Prior to ~he division being effective, tha owner o~ owners of the property included in the apprnved devalopment p~an shall execute an~ ca~se to be recorded in ~.h~ office of the Racorder, a covenant binding upan the ori.ginal own.ers and their heirs, snccessors and assi.gns. '~he Use Permit and cav'enant shall be in force for ten (10) years trom t~e time of recflrding of the covanant in tha Recorder's Of~ice and wi1.]. continue until the applican~ applies to the P~.anning Department to be agendized at a meeting of the Planning Commissa.on for review. The P~.anning Cammissian options for action are: (J.) Terminate the covenan~ and remove condi.tions from Use Pexmit. Applications fo~ te~mination to be accompanied by the fee set by Resalution of the Board of Supervisors to be deposited in the County genera~. fund, no part of which sha11. be returned to the app].icant. Applications for termi~zation to be ~onsidered as for use pexmi~s, Code Section 24-43 et seq. and Code Section 24-48 ~or the appeal pracess. (2) Extend the covenant for a periad not to exceed ten (~0) years. (3) Conside~ the area ~or a change in designation from O~chard and -6- ~ ~ 3 4 5 6 7 $ s 10 11 ~2 13 Z4 1.5 16 i~ 18 19 20 2I 22 23 24 25 26 Field Crops, Grazing and Open Land or Agricultural~~esidentia~ to a non- agricultural designation under the Genera~ Plan. The IIse Permit and covenant sha11 be in force for the agreed-upon tima unless ~he General ~1an is amended and the Iand ~n question is no lang~r des~gnated agricultura~. Tf this should occur, the applicant may apply for termina~ion of the covenan~. (e) Speeial Notes It shall he the duty of the seller or hxs agent to inform any pos- sible buyer ox his agent of the e~istence of the covenant and of its terms. The covenant sha11 be in a fa~m approvad by County Counsel. (~} A1~owable Accessory Usas in 5egregated Agricultural Processing Si~es 1. Agricultural processing plants, i.e. hullers, dryers, etc., where processing is done for owner's crops and on consignment. 'L. Waraho~szng and storage of ag~icultural products. 3. Pracessing of flammable substances su~h as gasohol o~ methanol produced from agricu].tural products. (This use wil~ require spe~ial permits from thE Fira Marshal.) SECTTON 3. This Ordinance shall be and it is hereby declared to be i.n ~u11 force and e~fect trom and after khi.rty (30) days after the date of ~ts passage, and before the expiration of fifteen (15) days after its passage, this Ordinance sha11 be published once with the names of the members o~ the Soard of Superviso~s vot~.ng for and agai.nst it in the prov~lle Mercury ~ a newspaper publa.shed in the County a~r Butta, 5tate o~ Cal.ifornia. PASSED AND ADO1''~EB by the Board of SupErvisors of the County of Butte, 5tate nf California, on the 2nd day of June , 1987, by the -7- ~ 2 3 , 4 5 6 7 8 9 ~0 ~1 ].2 13 ~.4 1,5 16 17 18 19 2Q 2Z 22 23 24 25 2s follawing vote: AYES: Supervisors Fulton, McInturf, McLa~gh7in, Vercruse a~d Ehair poTan NOES: None ABSENT: NOne NOT VOTING: NOne ~ ~`•,. ~ But A~r~~s~ : ~x~TU .~ . ~tzcxo~s , -~ Chief Adminis~arative Officer and C1.erk of the Board By OLAN, ~hair County Board of Supervisors -8~-