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HomeMy WebLinkAbout80-177WHEREAS, this Board has received a Clerk`s Certificare to Znitiative Petition dated August 1Z, 1980, which certificate reflec~s that the Com~ittee for Initiative to Preserve Farm Land's initia~ive contains the requisite number of valid.'signatures as required by law; and WHEREAS, this Board has reviewed said initiative pursuant to the provisions of the Elections Code and has determined not to adopt it and, therefore, by operation of law this initiative shall be on the November General Election ballot; NOW, THER~FORE, BE IT ORDERED as follows: 1. That the Committee for Initiative to Preserve Farm Land's initiative measure (a copy of said measure is attached hereto as Exhibit "A" and incorporated herein as if set forth in full), is hereby ordered consoli.dated with the Tlovember 4, 1980 General Election. 2. That a copy of the measure shall be mai.led with the sample ballot. 3. That the measure shall appear on th.e ballot as follows: "Shall the ordinance defining and"establishing procedures relative Co preservation of agricultural land and limiting ~u~ure deveZopment for non- agricultural gu~poses be adopted?" YES NO ORDER AND RESOLUTION PROVIDING FOR THE CONSOLIDATION OF THE COMMITTEE FOR INZTIATIVE TO PRESERVE FARM LAND WITH THE STATE OF CALIFORNIA GENERAL ELECTION T4 BE.HELD ON TUESDAY, NOVEMBER 4, 1980 -2- ~ASSED AND ADOPTED by the Butte County Board of Supervisors this 19th day of August, 1980, by the following vote: AYES: Supervisors Dolan, Moseley and Chairman Lemke VOES: Supervisors Wheeler and Wfnston ABS~NT: None NOT VO~ING: None ~ W- ROBERT E. LEMKE`; C irman of the Butte County Board o~ Supervisors ATTEST: CLARK A. N~~SON, County Clerk and ex-afficio Clerk of the Board ~y--_., ~itts, Deputy INITIATIVE MEaSURE TO B~`SUBMITTED DIREC'I ~Y TO VQTERS NOTICE OF INTENT TO CIACULATE COUNTV INITIATIVE PE~ITION No~~ce i3 he~eby grven Iha~ the pe~sons designated bElow are sponsoring antl intentl to arculale wiihln ihe Gounty0~ Butte, Slate of Calilornia, and among the volers 01 ihe Counly o1 But[e. an in~ua~ive pemion ~o enact a Butle COUnIy ordinanc¢ pro~itl~ng lor ihe protection o! agricultural lantl antl lor ihe Iocai~on OI urban tlansity de~elppmenl in plates whe+2 necessary serv~~e5 and ladlilie5 esist. Or can Ee provitle0 al /easonable cOSL The ree5o~s to~ ~he proposetl peb~ion are as ~o11ow5, f. But~e Couniy is expectetl to cominue ~is rapitl rate al glpwill. TMC OfUin2nC2 OrOpOSetl by IhiS peli~[On ~S design¢d to make room lorsuchgrow~h. whileminimiziny Ils etonomic 3rttl olller pre5sure5 an Butte Gounty resiCenis antl preservmg esseMiaE agncuilu ral resa~rces. 2. Yteserv~ng agnculNral IanO. pr~venemg unnecessary u~ba~ spraw~, ana reducng costs o~ ioca~ govemmeai are p01~CiQ5 CSSP111it1 t01h¢ WEII-6Ein(J OI ItIE Ll~~zen5 01 Bullf Co~~ly. Since tnese esse~~~ai poi~wes nave ~o~ bee~ atlOpted by [ounly govetnmenl. il is pro0o5e01na1 Bulle County voters a0opt IM1em In~ough Ihe in~~ialrve proCess. 3. B~ue Co~nry possesses vai~aeie agncullurai lanes wh~~Ch e~e ~mpo~la~l lo [he Cou~iy 5 e[D~omy and way o~ Ii1E AyYiCUHUrdI plOtluC~ibn GOn~rib~led over 5266.000.000 to ihe Butre Cou~ty economy m ~9~9. no~ mdudmg many reiaiea supporl~nq h~sinesses. ?ne conhnuea heanh o~ w~ agncw~urai ~~d~s~ry ~s crnmai io Butle County9 economit 51a6il~ly. bul urban deueiopmem o~ or nea~ pro0uung agncWw~ai so~~s Ihreatens IAe survival of this intl~stry 9. Asitle Irom the 7n~ea1 lo aq~icul~u~e. ur0a~ Ge~sity tlevelopment in rural areas is inefficient antl costly lo countyresitlents Aslaapayers.wearereqmredtoh~a~ce d full rany¢ ol ServiCCS IhQlQ. SuC~ 25 r03tl5. SCh0015. pOIlCeantlluCptoteCl~o~ TheSCd~EgCnerallyaVa~3ablein ea~sLng urban areas. wnere Iney are more elhdently antl economicelly provided For home buyers. wlte~ eMira dere~opment expenses are incurretl hy tlevelo0ers heeBUSe lacil~tles are no[ a~a~lab~e in r~{ra~ a~eas. IheSe Cosls are pssSfA On ~n nigher pnCeS 5. In most cases. e~croacnment upo~ ~arm antl rura~ lantls ~s no~ neetled io accommotla~eamic~paled urhan growin. SInCe ample nOn-ProOUClive land e~i515 w17hm orCloSe lo the penphery ol most oi our exisling commumlies- THE PROPOSED COUNTY ORDINANCE REAOS AS F'OLLOWS: 6. Tn~9 measure will minlm~ze Uncenalniy to ~antlowners and Eeveloyers regartling Iand uses wni[n w~ll be perFnilteC in vanous place5 II will reduc¢ [on[roversy, expense and delays olle~ Tssoc~atetl w~lh Droposed eeveioomeni m rura3.areas ana win crea~e iairec more nsnlent trealmen~ ol ail land wnhin [he counry il will nol crea~e any new bureau[ ra[y antl shoultl mak e Ihe lantl development process more e~l~uent by subs~anbalry re~ucing caunry stall time now spent on conlro~ersial rura3 developmenl proposals The O~a~osed policie5 are limely. neCe55ary. an0 deserve Ihe support ol Butte County vaters. Fa0 Meriam . Busmessman antl Former Chi[o Mayor Werren Humbert. Mayor o~ ParaOise qey Lgonerd, Attamey. Oroville Dean O~xon, Preserve AgncWtural Land TF{E PEOPLE OF THE COUNTY OF BUTTE DO ORDAIN AS FOLLOWS: Purpose al Chapfer The purpose of tnis ordinance €s to preserve agricuHura! €and, prevem unnecessary urban sprawl, and thereby minimize Ihe cost ot local government. Flndings Growth is Ukely: Butte Counry's population is growing and will continue ro grow. AdQquaie housing, jobs and shopping must be provided to accommodate such growth. The interests ol8utte County require, however, that growth be directed away trom pwductive agricultural lands arld be locate4 in places where public services will be least costly to provide. 7his requires a new county land development policy. Agricultural Land Must he Preserved: Butte CouMy possesses valuable agricultural lands, including prime and nonprime soils and some oi the finest growing c3imate €n the world. Agriculture ancf its related businesses are critical to Butte County's economic stability. Inappropriately placed urban development, however, lFireatens the continued viability and culWraf practices of commercial agricul€ure. It is necessary to protect agricultural land trom ~his [hreat, particularly near urban areas. Urban Sprawl Causes Excessive Cost to 7axpeyers:7he approval ol new deveiopment outside oi urGan areas creates costly demands for taxpayer-financed services and feciiities. Approvai ol this rype of developmeM caases either cutbacks ot exisEing services to present residents or imposition ol assessment districts on present residents and farm land, while often eroding the crucial agricullural tax base oi the counry. The public can no longer afford to provitle a lull range of urban services lo sprewling development and must be relieved trom such inetficient government expenditures. PolicEes The above findings identily critica! problems caused by, or associated with, urban encroachment into larm and rural lands in Butte County. It is hereby determined thaE, in order to provide for orderly growth buE minimize or eEiminate such problems, and to assure ihe public healih, satety and wellare, the tollowing policies shal€ guide the WtVre approvat ot developmeM in Butte County: Presarve Agflcultural Lends: It shall be the policy ot Butte County that agricultural land, as herein defined, shallbe preserved far agricWtural use, so long as non•a.gricWtural lands are available for development. Non-agricultural development adjaceM ro agricultural land shall be permitied only to ihe extent il is shown that this will not diminish Ihe productivity ot such agricultural land. Prevent Costly "Leapfrog" Oerelopment: It shall be policy of 8utte County to prevent "leapirog development", that is, development oi urban densities at locations which are not within, or adjaceM lo, axisting urban areas. New urban density development shali be located in areas where (ull urban services and facilities already exist or can be extended, as needed, without an unreasonable firtancial burden Fo taxpayers or home buyers. Deflnlt3ons For the purposes of this ordinance, the following definitions 5hall apply; . Agricultur8l Land: Agricultural land inclutles all land, not within an existing urban area, which is either. (a} Currenity zoned or designated by 3he But~e CouMy General P€an for agriculturaE use; fb) Has a sail type of Class I, II or III within the Soil Conservation Service land use capability ciassification; or (c)Currently produces lood or tiber commercially wi~h sufficient income to pay lor production cosis and properry taxes, or has ~he potential to be put into such production with normal agricutWral invesimenis and practices. Provided however, that "agricultura! land" as used in this ordinance does not include any parcel on which 50°/ or more o! its perimeter is immediately adjacent to land used primarily for non•agricultural purposes, other than roads. ~ The determination as to whether lartd is agricnqural within this de~inition shall be made by the Butte County AgriculWral Adv€sory Commission. Urban Areas: Urban areas are ~hose lands within or immedialely adjacent to Ehe incorporated cities o! this county, extending outward Irom each city to include all contiguous land of which the average and predominent parcel size is under one acre, exclusive o( roads. Urban DensiNes: Urban densities are existing or proposed lot or construction densilies of less ihan one acre per parceE or structure, exclusive of roads. Full Urban Services: 7hese include, but are not limited to, roads, drainage systems, adequate water suppry, safe sewage disposal, tire and polir,e protection, public schools and recreation, ~ ~ Implemenletion This ord€nance shall become ettective for all purposes on November 5, 198D, and shall remain in ettect untll December 31, 1990. afler which it shall automaiically expire. Such expiration shall have no effeci upon any ordinance or other measure adopted to implement ihis ordinance, except iha€ such measures need not thereafter main~ain coniormity with Ihe provisions oi ihis ordinance. This ordinance is not intended ~o increase or decrease the rights ot any owner of properry under Ihe constitutions and laws o( lhe StaEe of California or ihe Uniled States. Nor is ihis ordinance Eo be construed as increasing the power of the County oi Butte ro take or damage private praperty for public use. - The provisions ot this ordinance shall supersede any conflicting or inconsisteM provisions of the Butte Counry Code, General Plan, Zoning Ordinance, and all other ButEe County ordinances, policies antl procetlures. Provided, however, ihat this ordinance shalf not inierfere with the 3egally vested righis ol any property owner under pe~mits or aPP~ovals granled prior to ihe effective date hereof. Wi~hin six moNhs of the date Ihis ordinance becomes etfeclive, the Board ol Superoisors shall adopt such ordinances and procedures as may be necessary ro implament [he policies set forlh in this ordinance, including contorming amendments to lhe Butte County General Plan antl Zoning Ordinance, Such measures and conforming amendments shall be adopted toliowing duly noticed public hearings by Ihe Butle CouMy Agric~ltural Advisory Commis5ion, Planning Commission, and Board of Supervisors. Such ordinances and other measures may be further amendetl thereafter, in ~he manner otherwise provided by law, so long as such amendments conform with ihe policies ot this ordinance, while it is in effect. No parl ot ~his ordinance shall be amended or repealed, except by a vote of the people, or as set forih in ihis ordinance. II any portion of Ihis ordinance is hereafter determinetl to be invalid, all remaining portions of Ihis ordinance shal€ remain in full force and effect and, to this ex[en[, ihe provisions of this ordinance are severable. CIRCULATOR! Please tollow these tnstrucuons caretuuy. SEND PETITIONS TO: 1 You must be a registered va[er. 2 Fill in county {or city and couniy) where petition is to be circulated on COMMITTEE FOR I~IITIATIVE both sides of petition. 3 You may clrculate as many peUtions as possible, but yo~ may slgn only . TO PRESERVE FARM LAN D one petition as a signer in the signature section. P.O. BOX 2162 4 Make sure the signers (ill in all inlormation completely and accurately in ink wiih ball point pens. (No te€t tip pens, no ditto ma~ks, no abbreviations.) ChICO California 95927 ~ 5 AFTER each petition is filled, you musi complete the "Deelaratlon of (916) $J~•~J26~ Circulator" spaces. Be sure to give all requesied informaEion, including the county in which you are registered and !he three dates requested. 6 While it is most helpful if alE the signaiure spaces are filled with valid ~~A[jL~njE F~R $~jBM~n~N(~ signatures, this petilion is valid and Important even it it contains only one signature. But remember, even with only one sigAature, you must still PETITIONS IS JULY 31, 1J80 complete the "~eclaration ot Circulator." INITIATNE MEASURE TO B~ SUBMIITED DIRECTLY TO VOTERS ADOPTION OF COUNTY ORDINANCE PROVIDING PROTECTION OF FARM LAND AND PREVEN710N O~ UNNECESSARY iJ~BAN SPRAWL. Recognizes thet growth will occur in Sutte County and that significanf land is available, including farm land prevlously subdfvided and non•productive land_ Pro- vides that County generally shall not approve further conversion of farm land to nornagricultural uses. Provides that urban density development be located In and naar cities, whera the pubiic can best aftord to provide essential services. ~ffective Immediately. AutomaEicaily expires ir~ 10 years, unless re•adopted. Requ(res County to pdopt implementing procedures w€thin 6 months, fallowing hearings. We the undersigned, registered, qualified voters of CaNfornia, and residents of Butte County, hereby propose an addition to the Butte County Code, relating to protection of agricultural Iand and prevention of unnecessary "leapfrog"- type urban sprawi, and petition the officiafs of the County of Butte to adopt the.same or subrrift it to the voters of Butte County for their adop#ion or rejection at the next succeeding general election. THIS COLUMN FOR OFFICIAL USE ON~Y C~RCULA70R: See instructions on other side SI(iNER: Pleaee till In e11 intormatlon by hartd In ink. Use only bail point pens. Do not use felt ti ~ p pens). No ditto marks. No abbreviations. A!1 algnera of this petitlon must 6e registered In Butte Caunty . THIS COLUMN FOR OFFICIAL USE ONIY ex~~rc~~ cLL~ Y t~G~± SI~ NATURE SRE TERED f'lar/ T. ~nr~~~i PRIN7YOU AMEASAEGISTERED /~d~ ~yJ~yL~ ~~NV_____~ ADDR~ S SREGISTERED (NORUralROatesorP.0.9ox1~ C~u.o-' 959zt~ CITY ~~ ' Zip 1 SIONATUHE AS REG ISTERED PRINTYOUANAMEqSREOISTERED ADOR~,SS AS FEGISTE qE6 (NO Ruml Roulea Of P.O. Box) CITV ~ 21p - 2 SIGNATUREASREOISTEREO A6DilE59ASREGISTERED (NoRuralRo~tenorP.O.Box) PRINTVOURNAMEASAEGISYEpED Cf7Y . Zip 3 SiGNATUREASREGISTEAED AODAESSASAEGIS7ERE0 {NORUreIRwtaeorP.O.BOxj - PRINTYOURNAMEASREGISTERQD CI7Y Zip 1 ~- - ~ -S[GNATUREASREG~S7ERED ' A09RE99ASRfGISTERED ~NoRuralRoute6orP.O.Box) ~ ~ PRINTVOIfRNAMEASREOISTERED CI7Y ~ Zlp 5 . ~ ~ ~~ SIGNATUREASREGISTEAEO PRINTYOVRNAMEASREGI9YEp£G ADDFiE93A8REGB7ERED'(NoRuralROUteeorP.O.Box) CI7~ Z~p 8 SIGNATUflEASAEG~STEFED IfDDHESSASREGIBTEREU (NoRpralHwtesprP,O.Boz) ~ PR€NTVOURNAMEASREGIS~EHE~ CITV Ylp 7 SI6NATUREASREGISTERED PRINTYOURNAMEASREOf57ERE0 ADO ESSASREaISTERED (NORUralAOUtasorP.O.Box) CITY Zip 8 SIGNATUREASREGISTEREO PRINTYOURNAMEASRE615?EREtl AU~RE53ASHEGIS7ERED (NORUr8lROUteSOrP.O.Bpx1 ~ CITY Zip B . SIONATUREASAEGIS7EaED ADDRESSASREoISTEHE~(NORUralROUtesorP.O. K . PRINTYOURNAMEASREGlS7EREQ CITV ~ Y!p 10 ~ SIGNATUREASfiEGISTEFlED - PRIN7YOURNAMEASAEOISTEH£~~ ADDHESSASREGISTEqEO(NORUralFOUtesorP.O.BOZ) CI7Y ~T ~ ~ Zip - ! ICIRCULATOR: All ten signature spaces do not need to be completed for this petition to be valid.~ DECLAF~AY'I~~) OF C1RCUl..A70F~ (To be comp~eted AFTER above signatures have been obtained.) I am registered tovote in the County (or City antl County) of ._._ Each of 1he signatures to this petition was signed in my presence. Each signature of this petition is, to the best of my knowledge and belief, the genuine signature oi fhe person whose name it purports to be. All signatures Fo this document were obtained beiween , (monmlday) 1980 and ___ -. 1980. I certi(y {or declare under penalty oi perjury) that ihe foregoing is irue and correct. . (monmltlayl Signed at California. ~c~iy~ X Signe~ureofCircwamr ~ ~ele AEAreefeaFaqleleretl . Prin1 Neme CitY Un ~ulll . Z[p B~ SUpE TO SIGN THIS DECLARATION AT "X" BEFORE SENDING IN (Notarizatipn not necessary) '