HomeMy WebLinkAbout3135~ !I
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Ordinance No. 3135
AN ORDINANCE AMENDING AND EXTENDING ORDINANCE NO. 3129, AN INTERIM
ZONING ORDINANCE ADOPTED AS AN URGENCY MEASURE ESTABLISHING AN
AGRICULTURAL PROTECTION ZONE
The Board of Supervisors of the County of Butte ordains as follows:
Section 1. Findin s.
a. Ordinance 3129 was adopted on March 22, 1994, to be in force and
effect for a period of forty-five (45) days.
b. On April 26, 1994, prior to the expiration of Ordinance 3129, the
Board of Supervisors held a duly noticed public hearing for the purpose
of considering extending said ordinance for an additional 10 months and
fifteen days.
c. The current and immediate threat to the public health, safety,
and welfare resulting from the approval of additional subdivisions and
allowance of certain uses in the agricultural areas of Butte County
continues to exist, for the reasons specified in Section 3 of Ordinance
3129.
d. The Board of Supervisors wishes to amend and extend Ordinance
3129 to allow sufficient time for the agricultural element of the Butte
County General Plan to be prepared, considered at public hearings and
adopted.
Section 2. Amendment of Ordinance. Section 2 of Ordinance 3129 is
amended to read as follows:
"Section 2. Prohibitions.
The regulations and requirements of the A-160 (Agricultural) Zone as
set forth in Butte County Code Section 24-84 shall govern land use
1 within the areas zoned AP (Agricultural Protection) Zone by this
2 ordinance. All uses of land within the AP Zone which are not
3 specifically authorized or permitted by said regulations are
4 prohibited, including, but not limited to the following uses which
5 are expressly prohibited hereby: recreational water-ski lakes or
6 ponds, commercial horse training facilities, riding or boarding
7 stables, and equestrian centers.
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9 The Development Review Committee may consider approval of
10 applications for tentative parcel or subdivision maps that will
11 create parcels of not less than 40 acres within those portions of the
12 area covered by this ordinance that were not zoned A-160 at the time
13 of the ordinance's original adoption on March 22, 1994, if the Board
14 of Supervisors, at the written request of the applicant, has first
15 conducted a public hearing and made all of the following findings,
16 based on substantial evidence in the record:
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18 a) The division of land is necessary to avoid or resolve a personal
19 or financial hardship, and there is no other feasible alternative;
20 and
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22 b) The division of land will facilitate the continuation of
23 commercial agriculture or agricultural support activities on each of
24 the parcels being created; and
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26 c) The land to be divided is subject to or will forthwith be subject
27 to a Land Conservation Agreement with the County or a permanent
28 agricultural or open space easement to be held by the County, another
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qualified public agency, or a non--profit land conservation
organization; and
d) The division of land is consistent with the County's objective
of retaining agricultural lands in use for commercial agricultural
purposes; and
e) The division of land is consistent with all other applicable
provisions of the County General Plan, the Butte County Code, and
other Federal, State and County regulations and requirements in
effect, and is compatible with agricultural and other uses adjacent
to or in the vicinity of the property to be divided."
Section 3, Extension of Ordinance. Ordinance 3129, as amended hereby,
is extended for ten months and fifteen days beyond its original
expiration date and will be of no further force and effect as of March
', 21, 1995.
Section 4. Effective Date and Publication. This ordinance shall be and
it is hereby declared to be in full force and effect immediately. Before
the expiration of fifteen (15) days after its passage, this ordinance
shall be published once with the names and the members of the Board of
Supervisors voting for and against it in the Chico Enterpra.se Record ~ 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, on the 26tYL day of April , 1994,
by the following vote:
AYES: Supervisors Dolan, Houx, Thomas and Chair McLaughlin
NOES : None
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ABSENT: None
NOT VOTTNG : None
C
ED MCLAUGHLTN, C it
Butte County Board of Supervisors
ATTEST:
JOHN S. BLACKLOCK
Officer and C1 k of the Board
By
(agzopt5.or~