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Ordinance No . 3129
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3 AN INTERIM ZONING ORDINANCE ADOPTED AS AN URGENCY MEASURE
4 ESTABLISHING AN AGRICULTURAL PROTECTION ZONE
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6 The Board of Supervisors of the County of Butte ordains as follows:
7 Section 1. The hereinafter described area situated in the County of
8 Butte, State of California, shah. be and is hereby zoned as an AP
9 {Agricultural Protection) District, and such area shall be subject to the
10 regulations of the A-1.60 {Agricultural) Zone as set forth in Butte County
11 Code Section 24-84, and subject to the prohibitions set forth in Section
12 2 below.
13 Said area so zoned is located in the unincorporated area of the
14 County of Butte and is described as follows:
15 All that real property depicted on Exhibit A, attached hereto and
16 incorporated herein by this reference, which, as of the date of the
17 adoption of this ordinance was zoned A-5 (Agricultural) Zone, A-10
1.8 (Agricultural) Zone, A-15 Agricultural} Zone, A-20 (Agricultural} Zone,
19 A-40 (Agricultural} Zone, or U (Unclassified} Zone, and which generally
20 lies west of the following described line: State Highway 70 from the
21 southern boundary of the County to a point where the easterly projection
22 of the south boundary of the Lake Oroville Afterbay intersects State
23 Highway 70, and thence westerly along said projection to State Highway 99,
24 thence northerly along Highway 99 to the intersection of State Highway 99
25 and the Chico Green Line, thence northwesterly along said Greenline to its
26 northerly intersection with State Highway 99, and then along said Highway
27 99 to the northern boundary of the County.
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1 Section 2. Prohibitions.
2 The regulations and requirements of the A-160 (Agricultural} Zone as set
3 forth in Butte County Code Section 24-84 shall govern land use within the
4 areas zoned AP (Agricultural Protection} Zone by this ordinance. All uses
5 of land within the AP Zone which are not specifically authorized or
6 permitted by said regulations are prohibited, including, but not limited
7 to the following uses which are expressly prohibited hereby: recreational
8 water-ski lakes or ponds, commercial horse training facilities, riding or
9 boarding stables, and equestrian centers.
10 Section 3. Authority and Findings.
11 This ordinance is an interim zoning ordinance adapted as an urgency
12 measure pursuant to Butte County Code Section 24-30 and Government Code
13 Section 65858 to protect the public safety, health and welfare by
14 prohibiting land uses which may be in conflict with a contemplated general
15 plan and zoning proposal which the Planning Division, Planning Commission
16 and Board of Supervisors intend to study within a reasonable time in
17 connection with the preparation, adoption and implementation of the
18 Agricultural Element of the Butte County General Plan.
19 The Board of Supervisors hereby finds that there is a current and
20 immediate threat to the public health, safety and welfare resulting from
21 the approval of additional subdivisions and allowance of certain uses
22 in the agricultural areas Butte County as follows:
23 1. Continued approval of subdivisions that create lots which may
24 be too small far viable farming due to their size or
25 increased per acre cost, or which are subdivided for the
26 purpose of creating residential homesites, is leading to
2T agricultural land going out of production, and is resulting
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1 in the County's best agricultural areas being converted to
2 residential purposes;
3 2. County zoning controls and related general plan policies with
4 respect to minimum parcel sizes in agricultural areas of the
5 valley floor may not now be large enough to prevent the break
5 up and conversion of land to non-agricultural uses, and this
7 is contrary to the overall county objective of preserving
8 farm land in parcels large enough to sustain long term
9 agricultural production
10 3. The A-5 acre zoning districts, up to and including the A-40
11 zoning districts may be problems in this regard and need to
12 be re-evaluated for consistency with the overall objective of
13 conserving farm lands as economically viable units;
14 4. The range of uses currently allowable or being placed in
15 agricultural areas may include certain uses not wholly
16 consistent with the overall county objective of preserving
17 farm land for farming. These potentially incompatible uses
18 include commercial horse and riding stables, and recreational
19 water ski ponds. Such uses which are not dependent on the
20 agricultural soils resources result in land being taken out
21 of production and may be more suitably located in other
22 areas.
23 5, The County has begun a review and update of the County
24 General Plan and anticipates related zoning amendments will
25 be required to implement the plan. The County Board of
26 Supervisors and Planning Commission and representatives of
27 farming community have stressed the need to strengthen
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1 existing protections of agricultural lands far agricultural
2 uses and the county staff has been directed to actively work
3 in this direction;
4 6. Public perception that regulations and zoning controls
5 affecting agricultural areas may be strengthened may in
6 itself cause same property owners to propose subdivisions in
7 order to increase their development options that may be
8 contrary to the intent of the public and the Board of
9 Supervisors with respect to the protection of agricultural
10 lands and may foreclose and limit future zoning and planning
11 options available to the County.
12 Section 4. CE A Exem tion. The Board of Supervisors hereby finds
13 that there is no possibility that the adoption of this ordinance may
14 have a significant adverse effect on the environment. Therefore, the
15 adoption of this ordinance is not a project subject to the California
16 Environmental Quality Act.
17 Section 5. Severabilit .
18 If any part of this ordinance shall be held void by a court of
19 competent jurisdiction, such part shall be deemed severable, and the
20 invalidity thereof shall not affect the remaining parts of this
21 ordinance.
22 Section 6, .Effective Date and Publication. This Ordinance shall be
23 and it is hereby declared to be in full force and effect immediately.
24 It shall be of no further force and effect 45 days from its date of
25 adoption unless extended fallowing a public hearing, as provided in
26 Butte County Code Section 24-30 and Government Cade Section 65858. A
27 public hearing is hereby set for 10:00 a.m. on April 25, 1994, to be
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held in the Board of Supervisors room, County Administration Building,
25 County Center Drive, Oroville, CA, for the purpose of considering
extending the ordinance for an additional 10 months and 15 days. Before
the expiration of fifteen {15} days after its passage, this Ordinance
shall be published once with the names of the members of the Berard of
Supervisors voting for and against it in the Chico Enterprise-Recor~ a
newspaper published in the County of Butte, State of California.
PASSED AND ADOPTED by the Board of Supervisors of the County of
Butte, State of California, an the 22nd day of March 1994,
by the following vote:
AYES: Supervisors Dolan, Hoax, '~homas and Chair McLaughlin.
NOES:
ABSENT:
NOT VOTING:
Supervisor Meyer
None
C ~
Ed McLaughlin, Cha of the
Butte County Board of Supervisors
ATTEST:
JOHN S, BLACKLOC Chief Administrative
Offic and Cler of the Board
By
(agzone.ord)
None
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E~CHIBIT A - INTERIM AGRIGULTURE PROTECTION ZONE
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