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Home My WebLink About3953Ordinance No. ~ 3953 AN ORDINANCE ADDING SECTION 24-286 AND DELETING SECTION 24-285 OF ARTICLE V OF CHAPTER 24 OF THE BUTTE COUNTY CODE The Board of Supervisors of the County of Butte ordains as follows: Section 1. Article V, Section 24-2$6 of the Butte County Code is added to read as follows: 24-286 Agricultural Buffer Setback. (a} Purpose. The purpose is to conserve and stabilize agricultural land uses in order to protect agricultural lands from encroachment and conversion to urban uses and for the following: {1) To require development to provide land use transitions, setbacks and buffers between urban development and agricultural uses, in order to reduce interference and conflict. (2) To create development and performance standards designed to protect agricultural uses from urban encroachment conflicts. {3) To provide a clear delineation between long-term agricultural production lands and citylcommunity areas. (b) Applicability. These requirements are applicable to areas with a general plan land use designation of Grazing and Open Lands (GOL) and Orchard and Field Crop {OFC} and areas abutting those two land use designations along the interior 300 feet of community boundaries and spheres of influence lines in order to protect existing agricultural uses from incompatible use conflicts. A separate exhibit adapted by resolution and as amended illustrates the applicability of this section. The requirements of this section are in addition to other zoning standards. Where there is a conflict, the more restrictive shall apply. Page 1 of S (c) Standards (1) Residential a. Setback. The setback distance for dwellings shall be 300 feet from all property lines. This distance maybe adjusted based upon an Unusual Circumstance Review in subsection (d}. b. Alternatives to the above setback requirement may be considered by the Department of Development Services Director (Director), who shall consult with the County Agricultural Commissioner, as follows: l .The dwellings are proposed in close proximity to each other such that the same practical effect of providing the 300-foot setback is provided. 2. If an existing parcel is of such size andlor shape that the setback distance identified in subsection (c) is not possible and conditions referenced in subsection (d) do not exist, then the dwelling shall be placed the greatest distance from all relevant property line(s), or other location that presents the least detriment to agricultural practices on adjacent properties, provided there is no interference with easements, septic systems and/or prior conditions of approval, and considering parcel shape, slope, topography andlor other physical features,. (2} Buffer Guidelines. Buffer guidelines are as adopted by resolution by the Board of Supervisors for the purpose of illustrating buffer requirements for various situations. These guidelines shall be utilized in rendering determinations relating to the required setback. If such guidelines have not been adopted, then the Director's review and consultation with the County Agricultural Commissioner's Office shall serve that purpose. {d) Unusual Circumstance Review. The setback distance identified in subsection {c) shall be reviewed for Unusual Circumstances that may result in an adjustment in the setback distance as Page 2 of S identified in subsection (c) above. The setback distance may be adjusted by the Director. The Director shall consult with the Agricultural Commissioner prior to rendering a determination to adjust the setback distance. An adjustment by the Director shall be based upon an evaluation of the following criteria, as they exist on the subject or surrounding property, provided that such adjustment would not result in a modification to adjacent agricultural practices: (1) Parcel size and shape (2) Location of residence{s} (3} Infrastructure and other existing uses {4) Natural physical features and topography (5) Other circumstances not specified above. (e) Non-Residential. (reserved) (f} Consultation with Agricultural Commissioner. The Director shall consult with the Agricultural Commissioner on permits (nun-discretionary) and projects {discretionary) actions as follows: (1) Permits. Permits shall be reviewed concurrently with the building permit review process. {2} Projects. Projects shall be reviewed during the project review process. The Director shall consult with the County Agricultural Commissioner prior to rendering a recommendation to the Planning Commission. (g) Determination. (1) Permits (Nan-discretionary). The procedure for non-discretionary review by the Director shall be as follows: Page 3 of 5 a. The Director shall review and render a determination for applicable non-discretionary permits and approvals. b. No hearing is requirred for any non-discretionary permit review. c. The decision may include permit application modifications to establish consistency with this chapter. {2} Projects {Discretionary}. The Planning Commission shall review and render a determination on the Director's recommendation regarding Unusual Circumstances for discretionary actions for which the Planning Commission has authority. If a project requires the Planning Commission to make a recommendation to the Board of Supervisors, then the Board of Supervisors shall render a determination. (h) Review Fee. Applicant shall pay the required review fee for consideration of compliance with this chapter for projects and permits at the time of filing the application in an amount as established by the Board of Supervisors. 24-287---24-289 Reserved. Section 2. Article V, Section 24-285 of the Butte County Code is deleted to read as follows: 24-285 (Deleted) Section 3. Severability. If any provision of this Ordinance or the application thereof to any person or circumstances is for any reason held to be invalid by a court of competent jurisdiction, such provision shall be deemed severable, and the invalidity thereof shall not affect the Page4of5 remaining provisions ar other applications of the Ordinance which can be given effect without the invalid provision or application thereof Section 4. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after the date of its passage. The Clerk of the Board of Supervisors is authorized and directed to publish this ordinance before the expiration of fifteen (15} days after its passage. This Ordinance shall be published once, with the names of the members of the Board of Supervisors voting for and against it, in the Ender rise-Record a newspaper of general circulation 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 13th day of Februazy , 2007, by the following vote: AYES: Supervisors Connelly, Kirk, 3osiassen, Yamaguchi and Chair Dolan NOES: None ABSENT: None NOT VOTING: None Jane~Dolan, chair of the ~ Butt County Board of Supervisors B Page 5 of 5 ATTEST: PAUL McINTOSH. k - gu~~~ ~ o~~~rY 300' AGRICULTURAL BUFFER ~f ~, ~ ZCA0~6~000,4 ~~, ~~ ~, ~- .~ 1 ~~~ ----- ~- I r r ... _ _ . ~ , ' S f. , - 1 ~f f r _~ _ ~I -/r (till 5 '-^-~-: .. _ .. ~ _ __ :.' 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