HomeMy WebLinkAbout95-073,'~~
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A RESOLUTION OF THE BUTTE COUN7LY BOA~i~3 O~c~
SUPERVISORS AMENDING THE BUTTE COUNTY GENERAL
PLAN BY THE ADOPTION OF THE AGRICULTURAL ELEMENT
WHEREAS, Butte County Board of Supervisors initiated the Agricultural Element planning
process on March 22, 1994; and
WHEREAS, a Negative Declaration regarding the Agricultural Elemen# and the proposed
amendment of the Land Use Plan Map was prepared and circulated for public comment
pursuant to CEQA; and
WHEREAS, the Butte County Planning Commission held public hearings on Negative
Declaration and on the adoption of the Agicultural Element beginning on November 16, '# 994
and concluding on February 9, 1995 with a recommendation of adoption; and
WHEREAS, the Board .of Supervisors held public hearings beginning on March 14, 1995 and
concluding on May 9, 1995 regarding the Agricultural Elemen#, amendmen# to the Land Use
Plan Map, and the Negative Declaration; and .
WHEREAS, after conclusion of its public hearings the Board of Supervisors directed a number
of changes #o the Element at the April 11, 7995 meeting and adopted a motion of intent and
those changes to the Element have been made and are reflected in the attached Exhibit A; and
NOW THEREFORE BE IT RESOLVED THAT the Butte County Board of Supervisors hereby
adopts:
1. A Negative Declaration that represents the independent review, analyis and
consideration of the Board of Supervisors and reflects the independent judgement of the
County of Butte; and
2. The attached Exhibit A as the Agricultural Element of the Butte County General Plan, to
become effective on June 9, 1995, thirty calendar days from the date of adoption of this
Resolution.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of
Calffornia, on the 9th day of May, i 995 by the following vote:
AYES: Supervisors Dolan, Houx, Thomas and Chair McLaughlin
NOES: Supervisor Meyer
ABSENT: ~On~
NOT VOTING: iQone
C
ED McLAUGHLIN, C IR
Butte County Board o Supervisors
ATTEST: John Blacklock, Chief Administrative Officer
.and Clerk of the Bo r
By
Attachments: Exhibit A: Fnal Agricultural Element
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ACKNQWLEDGEMENTS
The preparation of this first Agricultural Element of the Comprehensive Plan involved
many hours on the part of the Agricultural Committee over a two year process. The
culmination of this work effort in the adoption of the Agricultural Element is a testiment
to the persenrerence and dedica#ion of the Agicultural Committee. Butte County
wishes to recognize this effort, dedication, and perservence and give our heartfelt
thanks to a job well done.
Board of Supervisors
Ed McLaughlin, Chair
Mary Anne Houx, Vice Chair
Jane Dolan
Vivian Meyer
Gordon Thomas
Planning Commission
Chuch Nelson, Chair
Nina Lambert
Chris Seegert
Kathy Erisman
Bab Lynch
Department of Development Services
William Farrel, Director
Barry K. Hagan, Planning Manager -Contributing Author
Tom Last, Senior Planner* -Author
Dave Hironimus, GIS Planner -Computer mapping
Larry Painter, Planning Technician -Computer Graphics
~'No longer on staff
TABLE OF CONTENTS
Page
Intraduction ........................................................................................................... AE-1
Legislative Authority ............................................................................................... AE-1
Element History .................................................................................................... AE-2
Organization of Element ....................................................................................... AE-2
Agricultural Profile ................................................................................................. AE-3
Issues and Opportunities ...................................................................................... AE-3
Goals, Policies and Programs .............................................................................. AE-7
TABLE OF FIGURES
Follows Page
Figure A-1 Soil Classifications .................................. AE-9
Figure A-2 Agricultural Lands .................................. AE-10
Exhibit A -Orchard and Field Crap Lands .......................... AE-19
~~ AGRICULTURAL ELEMENT ,~
INTRODUCTION
Agriculture for Butte County represents the largest land use in terms of area. It has been
the principal economic base and accounts for 20 percent of the County's workforce.
While the County has taken leadership to ensure agriculture's future, there are increasing
pressures on prime agricultural areas for conversion to incompatible uses. Land divisions
are gradually reducing the future security of those who want to continue to commercially
farm. It is apparent that more effective controls are now needed than those contained
in either the County General Plan or Zoning Ordinance. Through preparation of an
Agricultural Element, and the adoption of fair but effective controls, agriculture's true
importance to the County's future can be fully recognized and ensured. The County is
committed to protecting and maintaining agriculture as a continuing major part of the local
economy and way of life. To that end, the Board of Supervisors in 1994 directed the
preparation of a separate Agricultural Element of the Comprehensive Plan. The
Agricultural Element establishes policies designed to achieve four main purposes:
^ To preserve agricultural lands for continued agriculture uses
^ To strengthen and support the agricultural sector of the economy
^ To protect the natural resources that sustain agriculture in Butte
County
^ To consolidate agricultural policies required in mandated general
plan elements into one document
This element outlines policies and programs that address issues identified by members
of the local farm community and professionals in the agricultural industry. Agricultural
policies and programs provide clear guidance for the public and decision-makers. The
Agricultural Element is the County's commitment to specific policies, programs, and
strategies to ensure continued agricultural productivity unhindered by development
pressures. This Element does not include the timber lands or related to the timber
industry; timber is covered by other Elements of the General Plan.
Legislative Authority
Section 65303 of the California Government Code {CGC} permits a general plan to:
"Include any other elements or address any other subject, which in the
judgment of the legislative body, relates to the physical development of the
jurisdiction."
The elements required by state law, i.e. Land Use, Conservation, and Open Space, each
require discussion of agricultural issues. An Agricultural Element has been created to
recognize the importance of agriculture in the Comprehensive Plan and to stress the
importance of agriculture to our local economy.
^ BUTTE COUNTY COMPREHENSNE PLAN ^ EXHIBIT A -Adopted Msy 9, 1995
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^ AGRICULTURAL ELEMENT ^
Element History
While previous general plan elements have covered portions of agricultural issues, this
is the first time Butte County has prepared an Agricultural Element. Agricultural issues,
goals and policies were previously incorporated into the Land Use, Open Space,
Conservation and Safety Elements. The Land Use Element currently contains two land
use designations that relate to agriculture: Grazing and Open Land and Orchard and Field
Crops. Each designation includes a description of primary and secondary uses, zoning
and development criteria, minimum parcel sizes and other characteristics. In addition, the
Land Use Element contains policies that relate to specific geographic areas. The Chico
"Greenline" policies have served as an effective deterrent to the conversion of agriculture
to urban uses. These policies are some of the strongest protection measures used in the
State of California. Additional agriculture related programs include the 1965 California
Land Conservation Act, adopted locally in 1968, and aRight-to-Farm Ordinance, adopted
in 1981.
In 1993, interested members of the Butte County Farm Bureau and members of the
agricultural community formed an ad hoc committee, the Agricultural Element Committee.
The Committee reviewed the existing County General Plan, the General Plan Background
Report and the Issues and Options Report and concluded that a separate element
focused on agricultural issues was needed. After the Committee presented its concerns
to the Board of Supervisors, the Board directed the preparation of an Agricultural
Element.
Organization of Element
The element is divided into three areas:
^ Agricultural Profile
rr Issues and Opportunities
^ Goals, Policies, and Programs
The Profile Section provides a summary profile of agriculture in Butte County drawn from
the 1993 Butte County Master Environmental Assessment (BCMEA) and the 1993 General
Plan issues and Options Report. For a more detailed account, refer to the BCMEA and
the Issues and Options Report. The issues and Opportunities section provides the
foundation for the goals, policies and programs. It discusses issues raised by the
Agricultural Element Committee, the Planning Commission, the Board of Supervisors, and
the general public over the past several years. The final section is the "operational"
aspect of the element and contains the goals, policies and programs. Goals are broad
and far reaching and set overall direction. Policies are specific statements used to guide
decision-making for the Board of Supervisors, Planning Commission, County staff and the
public. Following every set of policies are the implementing programs. Programs are the
^ BUTTE COUNTY COMPREHENSNE PEAN ^ EXHlB1T A -Adopted May 9, 1995
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^ AGRICULTURAL ELEMENT ^
implementation measures that set forth actions, procedures, or techniques necessary to
carry out the policies. Each policy has at least one corresponding program.
AGRICULTURAL PROFILE
importance of Agriculture to Butte County
Throughout the County's history, commercial agriculture has been the principal economic
base contributing to the local economy while at the same time requiring little in the way
of County support services. In 1993, agriculture contributed approximately $276 million
directly to the County's economy and indirectly an estimated $1 billion annually.
According to a 1992 University of California Study, agriculture contributes 29-30 percent
of the employment in the Sacramento and San Joaquin Valleys. Local employment data
from 1990 shows that agriculture accounts for 20 percent of Butte County's employment.
Agriculture is a traditional economic pursuit in the County and an integral part of the
County's customs and culture. The agricultural community has deep ties to the land and
values the independent lifestyle and the satisfaction of outdoor work in the County's
beautiful natural setting. it recognizes the value of quality agricultural soils and over the
years has supported strong local policies to ensure protection of this irreplaceable natural
resource.
Butte County's fertile and diverse soils, water resources, and relatively long growing
season provide for a broad range of crops and livestock ranching opportunities. The soil
characteristics of the County divide agriculture into two distinct sub-areas:
^ Orchard and Field Crops, where highly productive soils permit
intensive cultivation of field crops, seed crops, vegetable crops, tree
and vine crops, nursery stock, and apiary and aquaculture products
^ Grazing and Open Lands, where soil characteristics are best suited
for grazing, animal husbandry, and aquaculture products
The total County land area of 1.07 million acres contains approximately 393,720 acres or
37 percent of "prime to fairly good" agricultural soils, as de#ined by the U.S. Soil
Conservation Service.
ISSUES AND OPPORTUNITIES
Challenges to the Long-term Continuation of Agriculture
In spite of the recognized benefits of a truly healthy commercial agricultural economy,
there are several factors that are affecting its future. The trend in land use patterns of
^ BUTTE COUNTY COMPRFHENSII/E PLAN ^ EXHIBIT A - Adopied May 9, 1995
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^ AGRICULTURAL ELEMENT ^
urban sprawl, leapfrog development, and the parcelling of agricultural land into smaller
units is a major factor in fiarmland loss. Top quality farmland is finite, and once converted
to urban uses it is irreversibly lost. The capacity to earn a reasonable living firom farming
and ranching is a predominant factor in a farmer's decision to farm or not farm and in a
rancher's decision to continue to ranch. Understanding the factors that affect agricultural
operations and viability is critical to developing appropriate policies. Some of the factors
that can stimulate conversion to non-agricultural uses include:
^ The quality of farmland and grazing land (A solid resource
data base on soil types is critical for proper evaluation)
^ Water availability
^ Historic patterns of agricultural development
^ Land use trends that focus on the conversion of agricultural
land to non-agricultural (ands
w The number of small, rural residential parcels in a given area
that may not be economically viable land units for commercial
agriculture
^ Agricultural/urban conflicts. Nuisance issues such as smoke,
dust, chemical and fertilizer use, noise, odors, domesticated
dogs, and hours of operation
^ Environmental impacts such as salinity, wetlands, land
subsidence, air and water quality, and agricultural waste
products
^ Land speculation
^ Eminent domain proceedings for the extension of
infrastructure for roads, sewer, water, and utilities
^ Farming and ranching costs such as land prices, taxes, and
water costs
Added to these factors is the destabilizing effect of conversion of agricultural land to
urban development or rural residential "ranchettes". Conflicts often arise when land uses
incompatible with the character of agricultural operations are developed within, or next to,
established farms and ranches. Residents may object to the normal farming, ranching,
and agricultural operations which can result in noise, dust, odors, and disturbances.
On the other hand, urban uses often cause problems for agricultural development, most
typically from trespass and vandalism by nearby residents and their domestic animals.
Other problems occur when parcels are developed into small residential lots. Abandoned
or improperly maintained trees can become source sites for crop disease, pests or blight
which can adversely affect adjoining commercial agriculture operations. Given the amount
of semi-rural development that has occurred in Butte County, and the likelihood that
demand for such development will continue to be great, mitigation of urban-agricultural
conflicts should be carefupy considered in order to protect agriculture.
. BUTTE COUNTY COMPREHENSNE PLAN ^ DWIBIT A - Adappted May 9, 1995
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. ^ AGRICULTURAL ELEMENT ^
Development pressure presents a challenge to agriculture in Butte County. Pressure for
housing developments for workers in Yuba City, Marysville, and Sacramento is starting
to appear in the southern portion of the County. Development pressures continue to
increase on the rural lands surrounding Chico, Oroville, Gridley, Biggs, and Durham.
General plan and zoning regulations in effect in 1994 allow new parcels to be subdivided
into parcels more conducive to non-agricultural than agricultural uses. As a result, the
larger agricultural land holdings are slowly being divided. This is a trend that perpetuates
itself. As properties break down to the point they are marginally sufficient for commercial
farming or ranching, the argument is made that they are now committed to rural
residential or urban uses and, therefore, should be allowed to be subdivided further.
A critical consideration in the definition of agricultural viability is the scale or the size of an
individual operation. There is no standard acreage that will automatically result in
economic success. An economically viable agricultural unit is dependent upon a myriad
of factors, such as soil type, water, type of crop, or the type of grazing. However, in terms
of commercial agriculture, the larger the parcel, the greater the opportunity is to take
advantage of economies of scale. The smaller the parcel, the greater the potential for
non-agricultural uses, ranchettes and increased con#licts with agricultural uses. tt should
be noted however, that small scale agriculture is a vital part of the overall agricultural
economy of Butte County, and for many, is a desired lifestyle.
Allowing a wide range of additional land uses in agricultural areas create conflicts for
farmers and ranchers. Some uses, such as water-ski lakes, equestrian centers and some
types of hunting can diminish productive agriculture operations. Some agricultural
processing operations may also result in conflicts with adjoining farming and ranching
operations.
Conversion of quality agricultural [and to non-agricultural uses has other significant
adverse effects. One of these is simply the physical loss of productive land to uses that
could be located on non-agricultural land. Secondly, owners of productive agricultural
land adjacent to the path of urban development begin to feel that their agricultural options
are limited. Agricultural land owners in these situations have found their competitiveness
is affected by the encroachment of urban uses. Urban development adjacent to
agricultural land also puts an inflated value on the agricultural land so that it may appear
uneconomical to continue to farm it. This situation is compounded when the farmer or
rancher faces major reinvestment decisions such as replacing an orchard where the
return on investment may be years in the future.
Economic capability is subject not only to the uncertainties of climatic conditions but also
to such influences as interest rates, global markets, energy costs, and the genera[
economy. Typically, during periods when there is a downturn in the profitability of
agriculture, there is increased pressure to convert agricultural land to more profitable
^ BUTTE COUNTY COMPREHENSNF PLAN E~lIBIT A -Adopted M~ 9, 1995
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^ AGRICULTUR4L ELEMENT ^
uses. The fastest turnover and greatest economic gain usually come from the conversion
of agricultural land to urban development.
Other factors also affect the economic viability of commercial agriculture in the County.
Excessive state and federal regulations compound the difficulty of running a farm or ranch
in the already competitive environment. The increasing protection for an expanding list of
wildlife species through the Endangered Species Act, coupled with a growing public
interest in general protection for common wildlife and waterfowl, also poses uncertainties
for commercial agriculture.
Maintenance and development of stable surface and groundwater supplies are essential
to agriculture's future in the County and elsewhere in California. Every effort should be
made to prevent allocated water or groundwater from being exported out of the County.
Recent trends to export water from the County to other regions of the state need to be
monitored to ensure a continued adequate local water supply.
Grazing areas require greater land units for economic viability. Grazing feasibility is
directly dependent upon annual rainfall. The grazing season in the Grazing and Open
Lands area normally lasts five to six months. One animal typically needs four to twenty-
five-plus acres during the grazing season. The lack of water and poor soils create a
seasonal use that requires closer scrutiny of land divisions. Clustered developments on
small sites that contain site-sensitive developments and leave large expanses of grazing
lands are desired.
Opportunities for the Future
In setting long-term agricultural policies, it is important to determine which lands should
be designated for agriculture. This process involves careful analysis of soils, climate,
water availability, land use, minimum lot size, and current and past agricultural practices.
The results of this analysis should permit identification of agricultural resource areas upon
which agricultural policies should be based. Determination of these resources include the
following:
^ Lands that technically have agricultural potential but are
committed to other uses (e.g., public lands and preserves}
^ Lands that are severely constrained for agricultural uses
because they lie within a previously urbanized area
^ Lands isolated by urban development or divided into parcels
too small for economically feasible agriculture
^ Lands that will be needed for urban uses within the time frame
of the General Plan
^ BUTTE COUNTY COMPREHFNSlVE PLAN ^ D(H1Bff A -Adopted May 9, 7995
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^ AGRICULTURAL ELEMENT ^
This identification should differentiate among intensively farmed crop land, orchard land,
irrigated pasture, and the less intensively used, but important rangelands.
The County should take proactive steps that reduce the economic pressures to convert
agricultural lands to non-agricultural uses. One consideration is to support programs that
encourage marketing of products grown in Butte County. The County should also remain
receptive towards alternative agricultural activities such as aquaculture, greenhouse
gardening, more efficient management techniques, reuse of treated waste water,
alternative measures for disposing of rice stubble, brush chipping and cogeneration.
Policies that provide for the use of agricultural conservation easements, transfer of
development credits, and clustered development programs and sensitive land planning
practices can help maintain land in agriculture.
Adequate provisions for agricultural employee housing are essential for efficient
management of agricultural operations. Housing policies need to be established to allow
a limited amount of agricultural employee housing while not impacting the integrity of the
agricultural production in a given area. Appropriate policies are also needed to address
retention of essential water supplies for agricultural use, and to permit certain types of
supportive land uses and activities on agricultural land.
GOALS, POLICIES AND PROGRAMS
The goals, policies, and programs are the primary tools of the Agricultural Element. This
section, more than any other section in the Agricultural Element, sets the ideal, the
specific direction to proceed, and the way in which to implement the Element. In this
Element each goal, its policies and programs are preceded by a statement of the issue.
A goal sets the overall direction and is the broad statement of where we want to go. The
policies are specific statements committing and guiding the County to the achievement
of the goal; they are statements of how we are going to get there. The programs are the
implementation measures to fulfill the policies and meet the goal.
Goals, policies, and programs relating to Grazing and Open Lands will not apply until
such time as the Board of Supervisors considers the recommendations of the Grazing
and Open Lands Review Committee. Upon receipt and acceptance of tike Committee's
report and upon any necessary amendments of the Butte County Land Use Map, the
goals, policies, and programs relating to Grazing and Open Lands shall apply.
Issue: Agricultural lands are becoming subdivided to sizes which adversely affect Iong-
term agricultural use_
^ BUTTE COUNTY COMPRENENSNE PLAN ^ DafIBIT A -Adopted May 9, 1995
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^ AGRICULTURAL ELEMENT ^
Goal 1
Maintain parcel sizes that ensure the long-term preservation, conservation and continuity
of those general plan areas identified as Orchard and Field Crops and Grazing and Open
Lands.
Policies
1.1 Designate Orchard and Field Crops lands on the General Plan Land Use Element
Map based on Figure A-1, (Soil Classifications), and the current or historical
existence of field crops, seed crops, vegetable crops, tree and vine crops,
aquaculture, nursery stock, and apiary products and uses.
1.2 Designate Grazing and Open Lands lands on the General Plan Land Use Element
Map based on Figure A-1, (Soil Classifications), and the current or historical
existence of grazing, animal husbandry and aquaculture use.
1.3 Designate areas outside of the adopted Spheres of Influence of Chico, Oroville,
Paradise, Biggs and Gridley, and outside of the more intensely developed portions
of the communities of Durham, Nord, Honcut, Bangor, Richvale, and Palermo for
the protection of continued agriculture. The County recognizes the cities of Gridley
and Biggs desire to study possible future urbanization within the corridor area
between those two cities. However, as long as these are unincorporated lands the
County has the primary responsibility for planning in this area.
1.4 In order to address and plan for future growth needs, Gridley and Biggs are
encouraged to undertake a comprehensive review and update of their respective
general plans and related documents.
1.5 Conserve Orchard and Field Crops lands and Grazing and Open Lands as
designated in the General Plan Land Use Map.
1.6 Limit the minimum parcel sizes for new land divisions, in areas identified as
Orchard and Field Crops on the General Plan Land Use Map, to not less than the
existing zoning designations from ~ to 160 acres. The densities currently
established by the existing zoning on Orchard and Field Crops lands shall be the
minimum [ot size allowable. Further subdivision of Orchard and Field Crops lands
are discouraged.
1.7 In the Orchard and Field Crops area, encourage parcel consolidation. and site-
sensitive planning by allowing for Transfer of Development Credits {TDC) and other
land use concepts.
^ BUTTE COUNTY COMPREHENSIVE PLAN EXHIBIT A -Adopted May 9, 1995
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^ AGRICULTURAL. ELEMENT ^
1.8 In the Grazing and Open Lands area, encourage the voluntary retention of ranch
lands in large acreages through site-sensitive planning, Transfer of Development
Credits {TDC), density bonuses, and other land use concepts.
Programs
1.1 Amend the Land Use Element Map outside of the LAFCo-adopted Spheres of
Influence by designating Drchard and Field Crops and Grazing and Dpen Lands
generally as shown on Figure A-2, {Agricultural Land). Amendments to City
spheres of influence and community spheres may occur from time to time.
Consideration of amendments to the spheres for cities and for communities must
be based upon detailed land planning, including but not limited to a specific plan,
community plan or detailed genera! plan, and the LAFCo sphere amendment
process.
1.2 Amend the Zoning Ordinance to provide zoning consistent with a Drchard and
Field Crops and a Grazing and Open Lands land use designations including
minimum lot sizes, and uses which support continued agriculture, as shown on
Figure A-2, {Agricultural Land}.
1.3 In the zones consistent with the general plan designations of Orchard and Field
Crops and Grazing and Open Lands make provisions for the following:
^ A definitive purpose and intent
^ A detailed list of permitted and expressly prohibited uses
^ Aquaculture and related facilities
^ Accessory uses
^ Continuation of agricultural segregations for processing only
^ Specific requirements for agriculture-dependent and
agriculture-related industries
^ Parcel consolidation
^ Site sensitive land planning
^ Residential clustering through the PUD process with density
bonuses in the Grazing and Open Land area
^ Residential clustering without density bonuses in the Orchard
and Field Crops area
^ Transfer of Development Credits
^ Minimum lot sizes and development setbacks
1.4 Apply A {Agriculture) zoning to all lands designated Orchard and Field Crops on
the General Plan Land Use Map.
~ BUTI'F COUNTY COMPREHENSIVE PL4N ^ EXFIiSIT A -Adopted Mays, 7995
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^ AGRICULTURAL ELEMENT ^
1.5 Develop and apply a new GOL (Grazing and Open Lands} zone to all lands
designated Grazing and Open Lands on the General Plan Land Use Map.
~ .6 Worl< with LAFCo to create and maintain a consistent approach to the
conservation of agricultural land through the designation of reasonable and logical
Sphere of Influence boundaries. Support future annexations and Sphere of
Influence amendments only when in compliance with the Agricultural Element and
IAFCo policies and procedures. It is not the intent of this Element to preclude
cities from expansion.
1.7 Establish areas of influence for the identi#ied unincorporated rural communities,
such as Durham, Nord, Honcut, Bangor, Richvale, and Palermo. The rural
community areas should encompass the more intensively developed portions.
t.8 A planning area for the cities of Gridley and Biggs, which is beyond the existing
Spheres of Influence should be defined by each city to reflect each city's area of
interest. General plan amendments, Spheres of Influence modifications, and finally,
annexation of those areas of interest is the legally required process. Upon
annexation of the areas of interest, the city general plan and zoning will apply.
Until that time, the County General Plan and zoning will apply. The County will
participate in a cooperative manner in this process as requested by the cities and
as County resources permit. Until annexed, the area will be designated by the
County as productive agricultural land, and also because retention in larger tracts
will be most beneficial to the cities if the land is eventually developed.
1.9 Apply the policies of the Agricultural Element to the Durham-Dayton-Nelson (D2N)
Area Plan as well as the currently adopted policies of D2N. Minimum lot sizes for
agricultural land uses shown on the D2N Area Plan map shall be the minimums of
the current zoning.
Issue: Competition between agriculture and urban uses at city boundaries and
community boundaries is creating pressure to convert agricuf[ural lands.
Goal 2
Conserve and stabilize agricultural land uses at city and community boundaries in order
to protect agricultural lands from encroachment and conversion to urban uses.
Policies
2.1 Agriculture shall not be made inviable by the economic impacts of urban
development.
^ BUTTE COUNTY COMPREHENSNE PLAN ^ EXHIBIT A -Adopted Mey 9, 7995
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^ AGRfCULTURAL ELEMENT ^
2.2 Encourage urban infill development within city limits and within existing
unincorporated communities where development can more easily and readily be
served by public infrastructure facilities.
2.3 Require development to provide land use transitions, setbacks and buffers
between urban development and agricultural interface to reduce interference and
conflict.
2.4 Create development and performance standards designed to protect agricultural
uses from urban encroachment conflicts.
2.5 Encourage urban development to the LAFCo adopted Spheres of Influence.
2.6 Provide a clear delineation, on the General Plan Land Use Map, between long-term
agricultural production lands and city/community areas.
2.7 Allow for the conversion of agricultural land within LAFCo Spheres of Influence
where land has been determined to be irretrievably lost to urbanization. These
would likely be areas where urban development has surrounded or substantially
encroached upon agricultural land and has limited its continued productive use.
2.8 New residences within agricultural areas shall be required to pay its fair share of
development impacts on public services and infrastructure.
Programs
2.1 Rezone unincorporated land within LAFCo-adopted Spheres of Influence to be
consistent with urban densities and City-adopted General Plans. Cooperate with
cities to make maximum efficient use of vacant lands within adopted Spheres of
Influence.
2.2 The Zoning Ordinance shalt require that a buffer be established on property
proposed for residential development in order to protect existing agricultural uses
from incompatible use conflicts. The desired standard shall be 3Q0 feet, but may
be adjusted to address unusual circumstances. Guidelines, as part of the General
Plan's implementation, shall be developed illustrating buffer requirements for
various situations.
2.3 Where development approval, other than residential, is proposed on lot(s) adjacent
to an agricultural operation or Orchard and Field Crops land use category, the
Zoning Ordinance shall require a natural or man-made buffer between the
development and the agricultural land use. The buffer shall be totally on the lot(s)
where development is proposed. A buffer could be a topographic feature, a
^ BUTTF COUNTY COMPREhIENS1VE PLAN ^ EX!-lIB1T A - Adopied May 9, 1995
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^ AGRICULTUR,4L ELEMENT ^
substantial tree stand, a water course or similarly defined feature. Agricultural uses
may be permitted in the buffer area. This program does not apply to additions
and remodeling to legally existing development.
2.4 Amend all zones to provide development and performance standards which
include such items as setbacks, buffer areas, landscaping requirements, and
fencing.
2.5 Support l`,4FCo policies which limit the expansion of urban services and densities
outside of adopted Spheres of Influence.
2.6 Utilize the LAFCo adopted Spheres of Influence for the cities and the identified
unincorporated community cores as areas for urban and/or more intensive
development. Restrict urban and intensive development to those areas outside
agriculture and other low-intensity uses.
2.7 Limited conversion of agricultural land to urban uses could be permitted when the
following criteria are met and mitigated:
^ A general plan amendment and rezone application has been
approved
^ The lot(s) for which conversion are requested is adjacent to
uses identified as other than agriculture or agricultural support
uses, i.e. receiving plants, hulling plants
^ The conversion will not be detrimental to existing agricultural
operations
^ The conversion land is adjacent to existing urban
infrastructure and would constitute a logical contiguous
extension of a designated urban area
^ No feasible alternative exists which is less detrimental to
agriculture
^ Infill within the adjacent designated urban area has reached
a 75% level of development. Development is defined as
improvements to property including, but not limited to non-
agricultural buildings or structures.
2.8 New residences and/or conversion of agricultural land to non-agricultural land shall
only occur when full mitigation of impacts to the extent under law are provided
including, but not limited to, roads, drainage, schools, fire protection, law
enforcement, recreation, sewage, and lighting.
2.9 Continue to support the Chico Greenline policies.
^ BUTTE COUNTY COMPREHENSIVE PLAN ^ DO-!IBlT A -Adopted May 9, 1995
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^ AGRICULTURAL ELEMENT ^
Issue: Tao many unrelated uses allowed m current agricultural zones result in land use
conflicts with existing agricultural operations_
Goal 3
Support the management of agricultural lands in an efficient, economics! manner, with
minimal conflict from non-agricultural uses.
Policies
3.1 Apply the County's Right to Farm Ordinance to all non-agricultural land use
approvals, including building permits, within or adjacent to designated agricultural
areas.
3.2 In order to preserve the maximum amount of land for commercial agricultural
production and to avoid conflicts, restrict non-agricultural uses in the Zoning
Ordinance, including, but not limited to, water ski lakes, riding stables, golf
courses, residential subdivisions, and industrial and commercial uses not directly
related to agriculture on agricultural lands. Public uses, including but not limited
to, sewer treatment plants, drainage facilities, and energy generating facilities shall
be permitted subject to a Use Permit. Such facilities shall be carefully [orated so
as not to unduly interfere with existing or planned agricultural activities.
3.3 Discontinue Agricultural Segregations for homesites {life estates serve the same
purpose}.
3.4 Continue Agricultural Segregations for agricultural processing while requiring an
agricultural conservation easement on the remaining land, a vegetation buffer of
6 to 8 feet at full growth around the processing use, and a 200-foot setback from
the agricultural area.
3.5 The primary purpose of the Orchard and Field Crop and Grazing and Open Lands
land use categories shall be for agricultural production, related processing, and
services in support of agriculture. Residential uses, such as the farmer's home,
in these categories are secondary uses and are permitted on a limited basis to
assist and support agriculture.
3.6 Carefugy locate residential lands where limited agricultural uses and farm animals
are allowed, to avoid conflicts with agricultural operations. This includes, but is not
limited to, commercial stables, and the raising of exotic animals.
^ BUTTE COUMY COMPREHFNSNE PLOW ^ E3Q IIBIT A -Adopted Matt' 9, 7995
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^ AGRICULTURAL ELEMENT ^
3.7 Ensure that pre-existing lots, uses, and buildings which were legal prior to the
adoption of the Agricultural Element are permitted to continue.
Programs
3.~ Require recordation of the County's Right to Farm agreement as a condition of all
residential land divisions in areas adjacent to or designated for Orchard and Field
Crops and/or Grazing and Open Lands. Promote a general public awareness and
understanding of the special requirements of commercial farming, ranching, and
agricultural practices associated with normal farm activities. Additionally, provide
the County Recorder's Office with copies of the County's Right-to-Farm Ordinance
and copies of the County prepared written explanation.
3.2 Require sellers or any fiduciary agents to provide a County prepared written
explanation of the County's Right-to-Farm Ordinance as part of the notice package
to prospective buyers in areas adjacent to and within Orchard and Field Crops
and/or Grazing and Open Lands areas.
3.3 Utilize mitigation banks, environmental mitigation sites, wildlife refuges, and other
natural resource preserves, within or adjacent to land designated or used for
agricultural lands, to allow the continuation of standard farming or ranching
practices.
3.4 Enforce provisions of existing State Nuisance Law (California Civil Code Sub-
section 3482.5).
3.5 When a request is made for a Use Permit on a lot(s) with existing agricultural
operations, require the submittal of an agricultural maintenance plan to provide for
the continuation of existing agricultural activities. The plans shall be reviewed for
comments and conditions by the Agriculture Commissioner and Planning Services
prior to the Planning Commission hearing on the Use Permit.
3.6 Provide a definitive purpose sec#ion for the agricultural zones and a list of
agricultural uses, including, but not limited to, crop production, orchards,
aquaculture, animal husbandry, agricultural industries, and the like, which preserve,
promote, and support the agricultural area.
3.7 Amend the Zoning Ordinance to recognize the legal rights of existing legal lots,
uses, and buildings which, as a result of the Agricultural Element, do not comply.
Additionally, amend the Zoning Ordinance to exempt legal non-conforming lots,
uses, and buildings, in Agricultural Zones, from the requirement of a Use Permit
#or expansions, additions and modifications that would normally be allowed far
conforming lots, uses, and buildings in Agricultural Zones.
. BUTTE COUNTY COMPREHENSNE PLAN . EXHIBIT A -Adopted May 9, 1995
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^ AGRICULTURAL ELEMENT ^
Issue; Wind or water erosion, salinity, Land subsidence and flooding can significantly
impair agricultural production on farmland.
Goal 4
Encourage environmental resource protection measures to ensure the continued
agricultural use of the land.
Policies
4.1 Recognize state and federal legislation designed to preserve soil and protect
agricultural land.
4.2 Encourage protection measures from catastrophic and uncontrolled flooding of
permanent crops, such as orchards, nurseries, and other major agricultural
investments.
4.3 Encourage irrigation methods which conserve water.
4.4 Encourage I.AFCo and cities to require that irrigation and drainage channels be
improved consistent with the standards of the affected irrigation and drainage
district where land is proposed to be converted to urban uses.
4.5 Ensure an abundant supply of high quality water.
Programs
4.1 Work with water purveyors to ensure water availability for the long term productive
use of the County's agricultural areas.
4.2 Encourage the University of California to provide information on water conservation
measures to farmers. Seek to coordinate conservation efforts of local Resource
Conservation Districts, the Soil Conservation Service and irrigation districts.
4.3 To protect adjacent downstream properties and the public from flooding, require
all development to provide the following information:
^ Historic peak flow
^ Drainage designs which do not increase the
historic peak flow
^ Suggested offsite improvements as mitigation
for increases in historic peak flow
. BUTTE COUNTY COMPREHENSNE PLAN ^ Do-!lSfT A -Adopted May 9, T995
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^ AGRICULTURAL ELEMENT ^
^ Drainage plans prepared by a registered civil
engineer
^ Mechanisms for maintenance
4.4 To address downstream flooding and to protect properties and the public from
flooding, work with the cities, special districts, the farming community, and property
owners to jointly prepare and implement a Countywide Master Plan of Drainage.
4.5 To reduce soil erosion, encourage the conservation of soil resources.
4.6 Participate with wastewater generators to establish programs for agricultural reuse
of treated wastewater in a manner which would be economically beneficial to
agriculture.
4.7 Work with state and federal representatives to amend or develop legislation which
continues to promote and protect agriculture in California and the nation.
4.8 Adopt a comprehensive watershed protection plan which includes:
^ Identification and protection of zones with high groundwater
recharge potential
^ Monitoring and regulation of groundwater extraction to
prevent adverse effects of groundwater overdrafting.
Issue. The ability to eam a reasonable Living from farming is a predominarrt factor in a
farmer's decision to farm or to convert the property to other uses,
Goal 5
Seek and support preservation policies and programs to protect long-term agricultural
production.
Policies
5.1 Encourage the use of the Williamson Act as a means of preserving agricultural
land.
5.2 Actively encourage the use of voluntary agricultural and open space easements
with the County or appropriate private land trusts as a means of preserving land
in agricultural and open space use.
5.3 Use proactive incentives including but not limited to density bonuses, clustered
development, Transfer of Development Credits (TDC), Purchase of Development
^ BUTTE COUNTY COMPREHENSIVE PL4N ^ DO~IIBIT A -Adopted May 9, 7995
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^ AGRfCULTURAL ELEMENT ^
Credits (PDC}, innovative land use planning, and land trusts to retain and/or
protect agricultural lands.
Programs
5.1 Continue participation in the Williamson Act program. Work with the Land
Conservation Act Committee to develop a consistent set of policies to deal with
Williamson Act contracts and amendments.
5.2 Provide maps, data, and technical assistance to support and encourage Butte
County farmers/ranchers or other suitable groups to develop aCounty-wide
agricultural land trust.
5.3 Support efforts by private conservation organizations to utilize voluntary
conservation easements as a tool for agricultural conservation which provide for
such items as preservation, continued agricultural use, agricultural supportive uses,
tax breaks, and the like.
5.4 Using the authority under CEQA, consider establishing a fee, to be applied to all
new development on agricultura! lands within the unincorporated portion of Butte
County, to mitigate the loss of prime farmlands and/or lands with intensive
agricultura! investments. The primary purpose of the fee shall be for the
conservation of prime farmlands.
5.5 Establish a voluntary transfer of development credits program to be administered
by the County. Programs shall establish requirements and procedures for transfer
of development credits from certain agricultural areas to specified receiving areas.
Receiving areas may be in the County and/or may be jointly identified by a city
through a joint powers agreement.
5.6 In the Grazing and Open Lands area, establish a residential density bonus
program, using the Zoning Ordinance, which would allow for the awarding of
density bonuses upon approval of development plans which provide for clustering
of residential units, reservation of the agricultural portions of the property in
permanent easements, provisions of significant amounts of open space,
appropriate minimum lot sizes, and other similar criteria.
Issue: Promotion and marketing of agricultural products grown in Butte County are
needed to enhance the County's image and reduce economic pressure to subdivide or
convert land to nonagricultural uses.
. BUTTE COUNTY CoMPREHENSNE PLAN D(HlBlT A -Adopted May 9, 7995
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^ AGRICULTUR4L ELEMENT ^
Goal fi
Seek measures to preserve and maintain agriculture and encourage new agricultural
industries and operations.
Policies
6.1 Facilitate agricultural production by considering a limited range of ancillary or
suppork services/uses. These services/uses shall directly relate to agricultural
production occurring in the surrounding area or dependent upon an agricultural
location to function.
6.2 Create and facilitate opportunities to promote and market agricultural products
grown or processed in Butte County.
Programs
6.1 Create opportunities to promote and market agricultural products grown or
processed within Butte County (such as a Farmers' Market) as a part of the
economic development activities of local government agencies.
6.2 Allow limited visitor-serving commercial uses, such as wineries and specialty
produce markets, subject to the approval of a Use Permit in agricultural areas, to
ensure continued agricultural use and compatibility with surrounding uses.
6.3 Continue to permit roadside stands for the sale of agricultural products, in any
agricultural land use category, to promote and market those agricultural products
grown or processed on the property. Clearly secondary and incidental sales of
agricultural products grown in Butte County may be permitted subject to
appropriate approvals.
6.~ Require that agriculture-dependent industries and uses meet the following criteria:
^ The use will not require the extension of sewer or water
^ The use does not substantially detract from agricultural
production on-site or in the area
^ The use does not create a concentration of commercial uses
in the immediate area
^ The use is compatible with and does not adversely impact
surrounding land uses
^ The use provides for adequate traffic circulation
^ BUTlF COUNTY COMPREHENSNF PLAN ^ DOi1BIT A -Adopted May 9, 7995
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^ AGRICULTURAL ELEMENT ^
Issue; Efficient management of agricultural production activnties requires adequate
numbers of employees to be housed on both a seasonal and pennane-rt 6asis_
Goa[ 7
Support appropriate amounts of farm worker and farm family housing in agriculturally
zoned areas.
Policies
7.1 Work with agricultural land owners to provide appropriate amounts, at reasonable
densities, of farm labor and farm family housing.
7.2 Assist in the location of farm labor and farm family housing where it promotes
efficiency in the farming operation and has a minimal impact on productive
#armland.
Programs
7.1 Site farm labor and farm family housing units to minimize disruption of farming
operations, avoid conversions of productive farmland, and take maximum
advantage of existing facilities including utilities and driveways.
7.2 To help provide a stable work force for agriculture, continue to facilitate efforts of
individuals, private organizations and public agencies to provide safe and adequate
housing for farm workers.
7.3 Limit residential land uses in the agricultural areas to dwellings only for
preservation of the family #arm, for farm employees and those persons who own
the farm land, up to a limit established by Ordinance. All such dwellings shall be
encouraged to locate on lands least impacted for agricultural use and/or in
"clustered" configurations to minimize the conversion of agricultural lands to any
other uses. A maximum dwelling unit density for the total acreage in the farm or
ranch shall be established by Ordinance. Records verifying employment of farm
workers must be provided and made available on request.
7.4 Allow temporary housing, including temporary sanitary and cooking facilities, for
seasonal workers during harvest season subject to applicable building and health
codes.
7.5 Enforce the provisions of the Uniiform Building Code and State Health Codes
relative to labor camps.
^ BUTTE COUNTY COMPRFHFNSNE PLAN ^ EXI-IlBlT A -Adopted May 9, 799
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