HomeMy WebLinkAbout99-124~~~RD
CC?C.JNTY QF
C-~UTTE, ST'A7.1~ ~~" CALIF'C.~RNtA
~~~~s~~~t~fic~n ~`~~. 99-124
RESOLUTION OF rI~HE BOARD OF SUPF,RVISORS OF "I'HF COUNTY OF
BUTTE ESTABLISHING THE PURPOSE, LEAD COUNTY DEPARTMENI`,
AD149INISTRA"fiVE f ROCEDURI?S A'~ID UNIhORM RULES INCf,Ui)ING
CON~IPA"fIBLF, USES FOR AGRICULTURAL PRESERVES
~~'HEREAS, the Board of Supervisors of the County of Butte, Suite of California, on
December ~, 1967, has established t11e agricultural preserves pursuant to the Land Conservation Act
o f 1965 ~ and
WHEREAS, the Land Conservation Act of I965 requires that uniform rules be
established including compatible uses; and
W'11ERlAS, it is the desire ol'the Board of Supervisors to establish administrative
procedures Car the processing of contracts and agreements.
NOVV, THEREFORE, BE I~i, RESOLVED that the Board of Supervisors establish
the following pru-poscs Cor use of~the Williamso~~ Act in Buite County:
To conserve land f`or viable agricultural production and open space; and
2. To create incentives tior additional agricultural landowners to participate in
and enjoy the benefits of the Williamson Aei program; and
3. To minimie residential con[licts in agricultural preserve areas.
NOW, 'THEREFORE, BE 1T FURTHER RESOLVED by the Butte County
Board ol~ Supervisors the designation of the lead County department shall be as follows:
The Butte County Department of Development Services, Planning Division
shall be the lead County department for ail inclusions or withdrawals from
the Williamson Act.
2. All applications must be submitted and be filed with the Clerk oCthe Board
of Supervisors on or before September I5 of each year in order that the
agreement will become effective during the following year. 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.
NOW, THEREFORE, BE IT FUR'hHER RESOLVED that the Board of Supervisors
of the County of Butte, State of California, do hereby establish the administrative procedures and
uniform rules, including compatible uses to be as follows:
~. The Butte County Land Conservation Act Advisory Committee shall consist
of the following members:
Farm Advisor or designee.
2. Agricultural Commissioner or designee.
3. County Assessor or designee.
4. Development Services Director or designee.
5. A member designated by the Butte County Farm B~u-eau {at-large);
6. A member designated by the Butte County Farm Bureau Land Use
Committee;
7. A member designated by the Butte County Cattlemen's Association.
B. That it shall be the duty of said committee to:
Review all applications for Land Conservation Agreements and all
requests for cancellation.
2, Make recommendations to the Board of Supervisors on whether or
not a Land Conservation Agreement be made or canceled.
3. Make recommendations regarding County initiated non-renewals of
existing agreements.
4. Make recommendations regarding amendments to these procedures
and rules.
5. Make recommendations to the approving authority on proposed
conditionally compatible projects as set forth in Section E.3.
C. The basis for approval of a contract or an agreement with the applicant shall
be as follows:
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That the applicant's ]and is used for the "intensive production of food
and fiber" which is necessary to maintain the agricultural economy.
For purposes of these procedures and rules, "intensive production ol~
food and fiber" shall mean a system of farming which aims to
increase crop yields utilizing normal cultural practices familiar to the
area.
2. That the subject property is used to support the agricultural economy
and its continued use as such does have a public value.
>. That important open space lands be preserved.
D. The minimum area for each application is based on the type of agricultural
activity as follows:
Acreage Standards*
Column 1 Column 2
'T'ype of Activity Incoming
Contract
1~7inimum
Acres Bui]ding &
scl]ing
minimum
acres
Orchards (vineyards, kiwi, fruit and
nut crops) 20 40
Field Crops 80 80
Irrigated PastureiRieeland 80 80
Wetlands/Prime Rusting 80 f~0
Dry Land Gracing ] 60 320
Open Space** 160 320
*Must also meet or exceed minimum lot sizes established by the base
zoning district.
**Wildlife habitat, sensitive bio]ogical communities, scenic highway, etc.
2. The aforementioned acreage limitations steal] apply to the use of the
subject ]ands on the date of signing the Larld Conservation
Agreement. After the signing of the Land Conservation Agreement
the type of crop or agricultural use may be changed at the sole
discretion of the land owner, but subject to the per-tnitted uses
described in Sections E and F herein.
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3. Parcels created for purposes of transfer to immediate l~unily members
may meet the minimum lot size for incoming lands (Column 1),
provided that a .loint Management Plan pursuant to Section 51230.1
of the Government Code, is executed.
1/. The following uses are hereby determined to be compatible uses on all
contracted lands; and all other uses are prohibited.:
Permitted Uses:
a. One single family residence for each legal parcel within the
contracted lands pursuant to mininuun acreage standards in
D] -Column 2, except for family members which may be
pllrSllallt to LOlllnln l .
b. General farming, horticulture, commercial livestock
production, commercial poultry production, and similar
activities.
c. Open space for:
Wildlife & biotic habitat.
2. Scenic values.
3. Scenic highways and byways.
d. Any other use determined by the Board of Supervisors to be
a compatible use in all agricultural preserves.
e. f-lousing facilities (including trailers) to accommodate only
agricultural employees and their families who are employed
by the owner or operator to work on their- contracted lands.
f, The drilling for hydrocarbon, including the installation and
use of s~~ich equipment, structures, and facilities as are
necessary or convenient.
2. Accessory Uses:
a. Warehousing and storage of agricultural products.
b. Accessory buildings and uses pertinent to t11e permitted uses
including agricultural processing plants.
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c. A stand or a display for sale of agricultural commodities
produced on the premises including the incidental sale of
agricultural products produced off-site.
d. Water storage reservoirs and irrigation areas.
e. H~mting and hunting clubs.
f. Private airport or aircraft landing facilities.
g. Publie Utility services.
3. Conditional Uses:
a. Public and Quasi-Public uses, including structures and
buildings.
b. Veterinary hospitals and/or clinics.
c. Sand and gravel mine, not including asphalt and concrete
batch plants.
d. Mines, mineral extraction, and quarries in Agricultural
Preserve Numbers 7, 8, and 9.
F. Smaller Existing Parcel Sizes: All parcels smaller than the contract minimum
size shall be legally combined or merged to comply with Section D, Column
2, concurrently with approval of~the contract.
G. Exceptions to minimum lot size provided in Section D.
A parcel division of contracted land may occur at less than the
minimum size if it is pursuant to a use permit for parcel segregation
for agricultural processing and the remaining contracted lands
conform to the minimum size provided in Section D.1. above.
2. Hamesite Segregation
Cancellation may only be considered for an existing residence where
the Home has been in existence for at least 5 years and the land has
been owned for at least 10 years by the owner (Government Code
Sectioli 66474.E (b)(2)) and if a permanent restriction prohibiting
residential development is recorded on the balance of the land. Said
residence must be divided from the balance of the contract lands
through a boundary line modification, lot merger, or tentative parcel
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map provided that the mini-num lat size of the base zoning district is
maintained.
H. Length of Contract: The mini-~~um contract length shall be 10 years. The
initial contract term shall be renewed annually, unless a notice of non-
renewal is sled.
S~-bstitution for a portion of contract lands may occur under the following
conditions pursuant to Government Code Section 51256 and 51257.
Cancellation.
a. Immediate cancellation may oecw- if the requirements and
findings of Government Code Section 51282 are satisfied.
b. Cancellation of a portion of the contract must meet the
minimum acreage size specified in Section D-1.
c. ~ 25 percent cancellation fee is required for lands that are
immediately canceled; one-half payable to the State pursuant
to Government Code Section 51283, and one-half payable to
the County of Butte.
2. Partial notice of non-renewal for lands within a Land Conservation
Agreement: If only a portion of the lands within an agreement are
non-renewed, they must conform to the minim~ull acreage
requirements in Section D-1, Column 1, and the remaining contract
lands must also conform to these minimum acreage requirements.
repealed.
J. Lands may be added to an existing Land Conse--vation Agreement. Any
lands added must meet the minimum acreage requirements in Section D or
be legally combined to an existing parcel within the agreement.
IC. Damages: A liquidated damages provision of up to $10,000, payable to the
County of Butte, shall be included in all new contracts.
BE I'f hURTIiER RESOLVED, that Resolution 97-150 is hereby superseded and
PASSED AND ADOPTED by the Butte County Board of Supervisors of the County
of Butte, State of California, this 24th day of August, 1999, by the following vote:
AYES: Supervisors Beeler, Houx, ,Iosiassen, Davis, and Chairman Dolan
NOES: No one
ABSENT: No one
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NOT VOTING: No one
C
t
JA E DOL N, CHAIR
Butt County Boa--d of Supervisors
ATTEST: John S. Blacklock, Chief Administrative
Officer anc~ Clerk of the Baar~l
f 1 ,, .
~. o
Deputy
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