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Ordinance No. 4209
AN ORDINANCE OF THE COUNTY OF BUTTE
AMENDING BUTTE COUNTY CODE CHAPTER 24, ZONING ORDINANCE,
BY AMENDING THE AGRICULTURAL BUFFER (SECTIONS 24-83 AND 24-84)
AND APPEAL SUBJECTS AND JURISDICTION (SECTION 24-266)
The Board of Supervisors of the County of Butte ordains as
follows:
Section 1. Findings. The proposed amendments are consistent with
required findings of Section 24-275.
A. Findings for all Zoning Ordinance and Zoning Map Amendments.
1. The proposed amendment is consistent with the General Plan
and any applicable community or specific plan as provided by
Government Code Section 65860.
The amendments to Sections 24-83 and 24-84 are consistent
with Agricultural Element Policies AG -P5.3 and AG -P5.3.3,
which identifies a desired standard of 300 feet.
2. The proposed amendment will not be detrimental to the public
interest, health, safety, or welfare of the county.
The amendments to eliminate unusual circumstances to reduce
the agricultural buffer for discretionary projects will
reduce impacts to both agricultural operations and
residential dwellings and therefore not be detrimental to
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the public interest, health, safety, or welfare of the
county.
B. Additional Findings for Zoning Ordinance Text Amendments.
1. The proposed amendments are internally consistent with other
applicable provisions of the Zoning Ordinance.
The point of the amendments is to protect agricultural land,
which is a natural resource. The amendments are consistent
with Zoning Ordinance, including Article 1, Purpose and
Effect of the Zoning Ordinance, Section 24-2.B.2, which
.identifies to protect agricultural lands and associated
industries as an important aspect of Brute County's economy.
Section 2. Sections 24-83 and 24-84 are amended as shown in Exhibit
A.
Section 3. Section 24-266 is amended as shown in Exhibit B.
Section 4. CEQA. Adoption of this Ordinance is exempt from the
provisions of the California Environmental Quality Act (CEQA). The
County finds that this Ordinance is not subject to CEQA pursuant to
Section 15061(b)(3) (there is no possibility the activity in
question may have a significant effect on the environment). The
Amendment eliminates the ability to request a decrease in the
Agricultural Buffer Setback for discretionary projects which
maintains the buffer to protect agricultural land for future
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agricultural use and to protect adjoining residents from the
impacts of agricultural activities.
Section 5. 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 remaining provisions or other applications of the
Ordinance which can be given effect without the invalid provision or
application thereof.
Section 6. 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 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 26th day of October, 2021 by the following
vote:
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AYES: Supervisors Lucero, Ritter, Kimmelshue, Teeter and Chair
Connelly
NOES: None
ABSENT: None
ABSTAIN: None
BILL CONNELLY, Chair(j
Butte County Board of Supervisors
ATTEST:
ANDY PICKETT, Chief Administrative Officer
and Clerk of the Board
By: Du
�, �—Q aw
Depuly
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