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COUNTY Q~ BUT`~E, STATE. dF CALIFORNIA ~`
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RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF
BUTTE REESTABLISHING ADMINISTRATIVE PROCEDURES AND
UNIFORM RULES INCLUDING COMPATIBLE USES FOR AGRICULTURAL
PRESERVES
WHEREAS, the Board of Supervisors of the County of Butte, State of
California, on December 5, 1967, has established the agricultural preserves pursuant to
the Land Conservation Act of 1965; and
WHEREAS, the Land Conservation Act of 1965 requires that uniform rules
be established including compatible uses; and
WHEREAS, it is the desire of the Board of Supervisors to establish
administrative procedures for the processing of contracts and agreements.
NOW, THEREFORE, BE IT RESOLVED by the Butte County Board of
Supervisors as follows:
1. All applications must be submitted and be filed with the Clerk of the
Board of Supervisors on or before September 15 of each year in order
that the agreement will become effective during the following year.
2. Applications shall be submitted upon the forms to be supplied by the
Planning Division of the Department of Development Services, and
must be completed in detail.
3. Applications must be accompanied by preliminary title reports not
more than one (1) year old with plat maps attached covering the land
in question.
NOW, THEREFORE. BE IT FURTHER RESOLVED that the Board of
Supervisors of the County of Butte, State of California, do hereby establish the
administrative procedures, uniform rules, and including compatible uses to be as follows:
A. The establishing of a committee consisting of the Farm Advisory,
Agricultural Commissioner. County Assessor, Development Services
Directoro a member designated from the Butte County f=arm Bureau
(at-large}, a member designated from the Butte County Farm Bureau
sand Use Committee. and a member designated from the Butte
County Cattlemen's Association to review all application for contracts
or agreements submitted for consideration in the established
agricultural preserves.
B. ghat it shall be the duty of said committee to maitre recommendations
to the Board of Supervisors on whether or not a contract or an
agreement be made with the applicant. The basis for approval of a
contract or an agreement with the applicant to be as follows:
1. That the applicant uses his land for the intensive production
of food and fiber which is necessary to maintain the agricultural
economy.,
2. That the applicant's property is used to support the agricultural
economy and its continued use as such does have a public
value.
~. That it shall be the duty of said committee to recommend to the C3oard
of Supervisors that a minimum area be established for each applicant
based on the type of agricultural activity performed as follows:
1. That the minimum area for contract or agreement of
horticulture type cultivation shall be ten {10) acres, except in
areas zoned A-5 the five {5) acre minimum may be considered.
If the parcels far inclusion exceed 10 acres, the minimum
contract acreage may be increased to reflect the total acreage.
The uses permitted for residential shall be one (1) family
dwelling for the use of an owner or manager within the
agricultural preserve or a person employed on said land: but
not exceeding one {1) dwelling for each parcel of not less than
ten (10) acres.
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2. That the minimum area for contract or agreement of field crops
~vpe of cultivation or for irrigated pastures shall be forty {40)
acres. If the parcels for inclusion exceed 40 acres, the
minimum contract acreage may be increased to reflect the total
acreage. The uses permitted for residential shall be one (1)
family dwelling far the use of an owner or manager within the
a
agricultural preserve or a person employed on said land; but
not exceeding one (1) dwelling for each parcel not less than
forty (40) acres.
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3. That the minimum area for contract or agreement of
commercial timber t}~pe cultivation or land for grazing shall be
one hundred sixty (160} acres. If the parcels for inclusion
exceed 160 acres, the minimum contract acreage may be
increased to reflect the total acreage. The uses permitted for
residential shall be one (1) family dwelling for the use of an
owner or manager within the agricultural preserve or a person
employed on said land; but not exceeding one (1) dwelling for
each parcel of not less than one hundred sixty (160} acres.
4. That the aforementioned acreage limitations shall apply only
to the use of the lands in question at the date of signing of the
particular contract or agreement. After the signing of a
contract or agreement, the land owner may change the type of
crop or agricultural use at the sole discretion of the land owner,
but subject to the permitted uses described in Section D
herein.
D. In addition to the minimum area as established in Section C, the
following uses are hereby determined to be agricultural and
compatible uses on all contracted lands, and all other uses of land are
prohibited,
~ . Single family dwelling as provided in C-~ , C-2, or C-3 above,
provided, however, that variances may be recommended by
the Committee of the Board of Supervisors in cases of
hardship.
~. General farming, horticulture, commercial livestoch9
commercial poultry production, warehousing and storage.
3. Accessary buildings and uses pertinent to the permitted uses
including agricultural processing planfs.
4. Housing facilities (including trailers) to accommodate only
agricultural employees and their families employed by the
owner or operator of the premises and provided further that
such housing facilities shall be considered accessory to the
main building.
5. A stand or a display for sale of agricultural commodities
produced on the premises. Sales of products produced off the
premises provided that the sale of such products is incidental
and secondary to the sales of agricultural products produced
on the premises.
6. Compatible uses:
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a. The drilling for hydrocarbon, including the installation
and use of such equipment, structures, and facilities as
are necessary or convenient.
b. Public utility and public services, including structures.
uses and buildings.
c. Airport or aircraft landing facilities.
d. Farm labor camps
e. Any other use determined to be compatible use in all
agricultural preserves by the Board of Supervisors after
public hearing on ten {10) days published notice and
such other notice if any as they may specify. And after:
such use be deemed a compatible use in an agricultural
preserve.
7. Other uses:
a. Sand and gravel operation subject to the securing of a
use permit approved by the County.
b. Mines, mineral extraction, and quarries in Agricultural
Preserve Numbers 7, 8, and 9.
c. Storage reservoirs and irrigation areas.
d. Hunting and hunting clubs.
BE IT FURTHER RESOLVED, that Resolutions 68-7, 68-168, 74-129, 84-60,
and 84-63 are hereby superseded and repealed.
6
:PASSED AND ADOPTED by the Butte County Board of Supervisors of the
County of Butte, State of California, this Zorn day ofNovember,1997, by the following vote:
AYES: Supervisors Beeler, Dolan, Houx, ,Iosiassen and Chair Davis
NOES None
ABSENT:. None
NOT VOTING: None
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RED C. DAMS, CHAIRMAN
Butte County Board of Supervisors
ATTEST: .John S. Blacklock, Chief Administrative
Officer and Clerk of the Board
1
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*INTENSIVE PRODUCTION - designating a system of farming which aims at the increase of
crop yield per unit area uses normal cultural practices familiar
to the area,