HomeMy WebLinkAbout21-164Resolution No. 21-164
WHEREAS Butte County Development Services, at the Direction of the Board of Supervisors, is proposing an
Amendment to the Agricul'ituiral/Residential Buffer Implementation Guidelines which were adopted by Resolution No. 08-
166 bythe Board onDecember 16,2088;and
WHEREAS, the Board mfSupervisors, at its December 11, 2018 meeting directed staff toreview procedures and
criteria for granting exceptions to the agriculture buffer setback, and to present further information to the Board for
discussion and direction; and
WHEREAS, the Board ofSupervisors, atits February 5\2OZ1meeting reviewed and provided direction tostaff on
the Zoning Ordinance, Article 17, Agricultural Buffers ("300 -foot Ag. Buffer"). The Board discussed the use of exceptions
to the 300, ft. Agricultural Buffer, and issues that have arisen in processing exceptions. At the conclusion of the discussion,
the Board of Supervisors gave initial direction to remove the ability to apply an exception to the agri:culture buffer setbacks
to discretionary permits (e.g., subdivision maps and use permits) and continue the applicability nfexceptions for
ministerial permits, such asbuilding permits; and
WHEREAS, the Board ofSupervisors, atits April 22,2Q2lmeeting had additional discussions and directed staff tu
amend the Zoning Ordinance, Article 17, Agricultural Buffers, and the Agricultural/Residential 8uffer8nmp|enmemtat|om
Guidelines (Board Resolution 08-166) by removing the exception allomamoe and unusual circumstance process for
discretionary permni1app�U|ca1ions; and include the utilization of private road easements or dedicated right-of-way, and
other undeve|opab|efeatures inmeasuring the width ofthe 3QU-ft.Agricultural Buffer; and
WHEREAS, a Section 15061/bK3\ exemption ("Common Sense"), is recommended in accordance with the
California Environmental Quality Act (CEOk4); and
WHEREAS, at noticed public hearings on August 19, 2021 and September 23, 2021, the Planning Commission
recommended that the Board of Supervisors find the project exempt from CEQA aind approve the amendments tothe
Agricultural/Residential Buffer Ump|ementatiomGuidelines; and
WHEREAS, said amendments were referred to the Butte County Agricultural Commissioner's Office for review and
comments.
NOW, THEREFORE, BE IT RESOLVED, that the Butte County Board of Supervisors hereby takes the following actions and
makes the following findings:
1. Adopts the CEQA Exemption Declaration with the following finding:
i. In compliance with CEQA Guidelines Section 15061(b)(3) exemption ("Common Sense"), this project
is exempt from CEQA review. By excluding discretionary projects from Unusual Circumstances
evaluations and clarifying what is included in a buffer area, this amendment will not result in a direct
or reasonably foreseeable indirect physical change in the environment. The Common Sense
Exemption stipulates that CEQA applies only to projects which have the potential for causing a
significant effect on the environment. Where it can be seen with certainty that there is no possibility
that the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA. By not decreasing buffer setbacks for discretionary projects, this amendment assures
the protection of agricultural land, a naturel resource, and protects adjoining residential uses from
agricultural activities.
The proposal has been reviewed by the Department of Development Services and it has been
determined that the amendments to the Agriculture Buffer Setbacks Ordinance and
Agricultural/Residential Buffer Implementation Guidelines do not negatively affect the ability to
mitigate potential effects of residential development adjacent to agricultural activities. 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
agricultural use and to protect adjoining residents from the impacts of agricultural activities.
There will be no additional environmental impacts by removing the Unusual Circumstances
applicability towards discretionary projects from the ordinance or guidelines. This removal does not
eliminate the buffer and instead reinforces more restrictive protection standards. There will be no
additional impact to the environment by the inclusion of existing roads that may be within a private
easement, or that have dedicated right-of-way to the County, or another type of undevelopable
feature as a portion of measurement of the 300 -foot buffer. The General Plan 2030 Environmental
Impact Report, adopted in 2012, included assessment of the Agricultural Buffer and the Unusual
Circumstances program. These amendments fall within the assessment presented in the
environmental document and do not necessitate an addendum or additional study.
The Board therefore finds with certainty that there is no possibility that the activity in question may
have a significant effect on the environment, and is not subject to CEQA.
2. Adopts the amendments to the Agricultural/Residential Buffer Implementing Guidelines, asset forth in Exhibit A,
and subject to the following findings:
The adoption of the Amendments is consistent and compatible with the General Plan and any applicable
community or specific plan as provided by Government Code Section 65860.
ii. The adoption of the Amendments is internally consistent with other applicable provisions of the Zoning
Ordinance, including Article 17, Agricultural Buffers, and Section 24-84, Exceptions to Agricultural Buffer
Setback.
iii. The adoption of the Amendments is in the public interest, protects agricultural land, a natural resource,
and protects the health, safety, and welfare of the County.
zM-
PASSED AND ADOPTED by the Butte County Board of Supervisors this 26'n' day of October, 2021, by the following
AYES: Supervisors Luc�ero, Ritter, Kimmelshue, Teeter, and Chair Connelly
NOES: None
ABSENT: None
ABSTAIN: None
Andy Pickett, Chief Administrative Officer
and Clerk of the Board of Supervisors
By:
Bill Connelly, Cha,ir
Butte County Board of Supervisors
F; M M MVA
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A. Intent of Buffer Guidelines
1) Purpose
These, agricultural buffer guidelines are intended to help implement the 300 -foot (300')
buffer required by Butte County Code (BCC) Article 17 and to provideguiclance relative
to requests for determination of unusual circumstances pursuantto BCC Article 17. If
approved, requests for determination of unusual circumstances allow modification of
the 300' agricultural buffer requirement.
2) Why a Buffer is Required
Conflicts potentially exist between agricultural and non-agricUltural uses. Agricultural
land users commonly have concerns about potential conflicts including: restrictions on
farming operations, restrictions on pesticide usage, increased risk of theft and
vandalism, complaints, theft, introduction of pests, litter, and pets from residential
uses. Residential land users commonly have concerns about potential conflicts related
to: pesticide use, noise, odors, insects, dust, smoke, animal containment, extended
hours of operation, and visual impacts (See Figure 1 below).
A buffer physically separates agricultural andl non-agricultural uses and helps minimize
potential conflicts. The required residential -agricultural buffer separation is 300'. If the
County makes a determination of "Unusual Circumstances" (See Sections D & E
below) a buffer may take other forms or be of a lesser distance (See Figure 2 below).
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Figure 1. Illustration of the general concept of an agricultural -residential buffer.
Exhibit A, 24��t-ictilitiraU]ZesidetitiaI Buffer Implementation Guidefines (adopted Dcccmbcr 16, 2008)
Unusual Circumstances Reduc�ed Buffer I
Figure 2. Illustration of the general concept of features which may or may not be
considered in making a recommendation of Unusual Circumstances in modifying
the 300` buffer.
3) Case by Case Guidance
These guidelines are meant to guide and direct landowners, County staff, project
applicants, Planning Commissioners, and Board members in deciding if projects have
adequately met the objectives of General Ran Agricultural Element Policies 5.3 and
5.33, as implemented by BCC Article 17. These are meant to be "guidelines':', not one -
size -fits -all "regulations or rules". Each project application will be studied, assessed
and considered on a case-by-case basis. The intent of these guidelines is to facilitate
predictability and uniformity in land use planning and decision making. It is anticipated
that these guidelines may be amended with more detail as the County gains
experience in the implementation of buffers.
1) In general, these agricultural buffer guidelines make no distinction between
different types of agricultural land with regard to the application of unusual
circumstances.
2) In order to achieve the objectives of the 300' buffer to preserve and protect
agricultural resources, land located within the 300:' buffer which is at
unincorporated community boundaries or at the outer boundaries of spheres of
influence shall not be recommended for development. Spheres, of influence around
cities (as amended over time) define the primary area within which urban
development is to be encouraged. Spheres of influence, are essential planning
tools to combat urban sprawl, provide well planned, efficient urban development
patterns, and preserve prime agricultural land.
3) When agricultural land is proposed for residential development, new holmesites
should be located near existing homesites andl roads to minimize impacts on
agriculture, segmentation of valuable agricultural land, and to preserve the
agricultural land resources of the County (See Figure 3 below).
Exhibit A, Agricultural/Residenfial Buffer Implementation Guidelines (adopted Decembcr 16, 2008)
Agricultu
Land
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N"
Z,)(:
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4k�N `ko oI
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N" Agricultural Land
� 21121"
Proposed for Development
Existing Home/Parcel
Proposed Homesite
:Generally Approved
.............
generally Not Allowed
Figure 3. Location of newhomesites near existing homesites and roads.
1) The 300' buffer referred to in these guidelines is as established in BCC Section
24-83,
�= 0 �• I I I I I I I I I i• I I! R III I I I . of
3) These guidelines address situations where a determination of unusual
circumstances has been requested to adjust the 308° buffer.
4) These guidelines are applicable to development entitlement and building permit
applications deemed complete on and after March 14, 2007.
5) Buffers apply to "commercial agricultural" operations/activities only, not to
residential gardening and hobby activities. These two categories are differentiated
by the Agricultural Commissioner by considering factors that include but are not
limited to any of the size and permitting criteria listed below:
Exhibit A, Agricullural/Residential Buffer Implementation Guidelines (adopted Decerober 16, 2008)
Commercial Agriculture Criteria:
a) Parcel size one (1) acre or greater.
b) Issuance of Agricultural Permits as defined in Section G.
C) Production of an agricultural commodity for sale.
d) Issuance of export (phytosanitary) certification.
e) Approved agricultural Maintenance Plan as defined in Section G.
f) Agriculturally -related business license.
Non-commercial Residential Gardening / Hobby Agriculture Criteria:
a) Parcels less than 1 acre.
b) Not substantially meeting any of b) through f) above.
Building perm,it applications for existing developable parcels are reviewed
"administratively" for approval (See Figure 4 below). Project designs which generate the
need for a determination of unusual circumstances should be avoided.
Permits on Existing Parcels.
A determination of unusual circumstances for an administrative (building) permit
application on an existing parcel is made by the Zoning Administrator
after consultation with the Agricultural Commissioner, as outlined in Figure 4
below:
Possible
Bundling
Concept Permit Revised Right of
Application Site Plan Appeal'
N
Informal Permit
Consultation DDSIAG-Comm- ZA Issued or
C suit
with Planner o7naion7 Determination Denied
Figure 4. Flow chart of the process for making a determination of "unusual
circumstances" for administrative (building) permits on existing parcels
Concept: Landowner informally discusses their residential site plan with
the Planning Division of the Department of Development Services (DDS),
The Planner explains the requirements of the 300' buffer.
Building Permit Application: The owner submits a building permit
application for processing, with a request for Determination of Unusual
Circumstances if the proposal does not comply with the 300' buffer.
Fxhihit A, Agricultural/Residential Buffer Implementation Guidelines (adopted December 16, 2008)
DDS/Agricultural Commissioner Consultation: The Planning Division
and Agricultural Commissioner review the proposed residential site plan for
conformance with the 300' buffer requirement and assess whether a
determination of Unusual Circumstances should be made. The Director of
Development Services informs the landowner of the determination.
Possible Revised Project: If the proposed site plan does not conform to
the 300' buffer and does not qualify for a Determination of Unusual
Circumstances, the owner has the opportunity to revise the site plan.
DDS Determination: In consultation with the Agricultural Commissioner,
the Zoning Administrator decides if a Determination of Unusual
Circumstances should be made.
Right of Appeal: Ministerial project approvals and denials by the Zoning
Administrator can be appealed to the Planning Commission. A project
approval can be appealed by any interested person.
Permit Issued or Denied: If the final site plan conforms to the 300' buffer
or if the Zoning Administrator makes a Determination of Unusual
Circumstances the permit is approved; if not, the permit is denied.
E. Factors Applicable to Administrative Permits regarding "Unusual
Circumstances" and Modifying the 300' Buffer
For building permit applications, the applicant may petition the Director of
Development Services (Director), in writing, to make a recommendation of "unusual
circumstances" (per Article 17) for modifying the 300' buffer. It is the responsibility of
the applicant to provide detailed supporting information, rationale and justification,
based on the five criteria below:
1. Parcel size and shape.
2. Location of residence(s).
3. Infrastructure and other existing uses.
4. Natural physical features and topography.
5. Other circumstances not specified above.
The Director and the Agricultural Commissioner will assess and consider the following
three factors regarding "unusual circumstances" in support of modifying the 300' buffer:
1) "Unusual Circumstances" General Approach:
a. The 300' buffer applies to habitable residential structures.
b. Non -habitable structures or infrastructure features may be approved within
the 300' buffer area.
Exhibit A, Agricultural/Residential Buffer Implementation Guidelines (adopted December 16, 2008)
c. The 300' buffer area is always applied on the proposed "residential -use"
land and is measured from the agricultural property boundary to the
proposed residential structure.
1) Five Factors (a. through e.) that May Support Buffer Modification:
a After consultation with the Agricultural Commissioner (per Article 17) the
Director of Development Services may make a recommendation for
modification of the 300' buffer. As part of such a recommendation, the
Agricultural Commissioner may determine if any of the following factors or
combinations thereof support buffer modification:
(1) A determination is made that existing land uses,
development or structures have substantially affected (See
Figure 9 below) the operations/activities on the agricultural
land.
(2) A determination is made that the adjacent agriculturally -
designated land normally protected by the buffer is
unsuitable for agricultural use due to various factors
including but not limitedto:
(a) Site is unlikely to host an agricultural operation.
(b) No existing agriculture on site and no adjacent
agriculture within 300ft. Otherwise viable fallow land
shall be considered an agricultural use.
(c) Absence of arable soil, or inadequate soil
characteristics (e.g. gravel, rocks, hard pan, tailings)
that would preclude agricultural use.
(d) Extreme topography that would preclude agricultural
use.
Exhibit A, Agricultural/Residential Buffer Implementation Guidelines (adopted December lb, 2008)
b. A determination is made that existing, significant natural features such as
topography or vegetation help prevent negative influences on existing
agricultural uses and provides adequate protection to residential uses
from adjacent agricultural operations. The example below (Figure 5) is,
one of many variations and situations, which would require case-by-case
review. Incorporation of any such natural feature as part of a buffer may
be considered, provided that no significant environmental impacts would
result. To be an effective feature of a buffer, a natural feature must be
reasonably expected to remain intact for the foreseeable future.
Figure 6. Existing natural features may help support recommendations of
unusual circumstances.
c. A determination is made that constructed features such as solid walls,
fences, and/or landscaping will provide some buffering between
agricultural and residential uses and prevent impacts to the agricultural
operation. Constructed barriers alone may not be adequate to support
Exhibit k,.,%grictilttiriki/ilesideritiaI Buffer Implementation Guidelines (adopted December 16, 2(08)
reduction of the 300' buffer, but may be used effectively in combination
with other factors to modify the need for the full 300' buffer (See Figure
6 below). Features must be designed to remain intactfor the foreseeable
future.
Consideration of constructed barriers as part of a recommendation of
unusual circumstances requires thorough consultation between the
applicant, the Agricultural Commissioner, and the Department of
Development Services. The use of design features to modifythe buffer is
considered on a site and case -specific basis depending on factors
including but not limited to:
® Parcel Size
• Type of Crop
• Topography
• Agricultural Chemicals and Farming Practices in Use
NNW
Residential
Land
Figure 6. Diagrammatic example of potential constructed barriers and
landscape features which may or may not support recommendations of
unusual circumstances.
d. A determination is made that combinations of natural features and
constructed/landscape barriers will support modification of the 600' buffer
area.
e. A determination is made that non-agricultural intervening features such
as roads, railroads, and canals provide physical separation and/or
barriers and serve as part of the buffer area (See the Figure 7 below).
These features are a portion of the buffer area.
Exhibit A, Agricultural/Residential Buffer Implementation Guidelines (adopted December 16, 2008)
Figure 7. Intervening features may help support recommendations of
unusual circumstances.
2) "PM�§�nliilllly Alf
Agricultural Land:
Agricultural operations/ activities may be considered to be substantially affected
when they are impacted or limited by the presence of existing adjacent residential
and /or urban development so that normal and customary agricultural practices
can no longer be carried out. This assessment is to determine the relative degree
of residential development impact, based on a composite of the criteria below, The
Agricultural Commissioner and Director of Development Services will assess the
qualitative effects of existing residential development on the sustainability of
operations on the agricultural land to be protected by the 300' buffer. In the case
of "administrative/building permits" the Zoning Administrator then makes a
determination of whether the land is "substantially affected by residential
development" and if the situation may support modification of the 300' buffer
requirement. The criteria that will be assessed in determining if agricultural
operations/ activities are considered to be substantially affected, impacted or
limited by the presence of existing adjacent residential and
/or urban development include the following four factors:
a. At least 55% of the parcels surrounding the agricultural land to be
protected are less than 5 acres and in residential use (See Figure 8
below).
Exhibit A, Agricultural/Residential Buffer Implementation Guidelines (adopted December 16, 2008)
Figure 8. Agricultural land may be substantially affected by
surrounding small -parcel residential uses.
b. There is significant existing urban infrastructure on at least two boundaries
of the property to be protected by the buffer,
c. The presence of pre-existing: legal non-agricultural activities/operations on
other parcels adjacent to the agricultural land normally protected by the
3010' buffer.
The presence of existing "sensitive residential receptors" may impose
regulatory limits on some agricultural practices, rendering some portion of
the agricultural land normally protected by the 300' buffer unavailable for
normal agricultural operations when one of the following three conditions
exist:
3) Three Factors (1 -3 below) that May Make Agricultural Land Unavailable for
Normal Operations:
(1) Existing residential impact, as measured by a 3010' radius from each
existing res,idence, overlaps at least 25% of the agricultural parcel
protected by the 3010' buffer (See Figure 9 below).
Exhibit A, Agricultural/Residential Buffer Implementation Guidelines (adopted December 16, 2008)
Agricultural Land
Proposed Homesite
Proposed for Development
Existed H'omelParcell
Figure 9. Agricultural land may be substantially affected when residential use
impacts overlap at least 25% of the agricultural parcel.
(2) A de -facto buffer has been established, as delineated by a tangent line
drawn across the agricultural side of existing residences and connecting
those existing residences which are no, more than 600 feet apart. The
distance between that tangent line and the parallel property line of the
agricultural parcel is the de -facto buffer (See Figure 10 below).
Exhibit A, Agricultural/Residential Buffer Implementation Guidelines (adopted December 16, 2008)
Figure 10. Agricultural land may be substantiafly affected when a de -facto
buffer has been created.
(3) The Agricultural Commissioner will determine if any existing bodies of
water affect the ability to conduct agricultural operations on land normally
protected by the 300'buffer. [Ministerial]
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Agriculture
For the purpose of implementingthese guidelines and BCC Article 17, agriculture
is as defined in Section 24-304 and will also include the following facilities when
established in compliance with County code: equine facilities, stockyards,
slaughterhouses, hog farms, fertilizer works or plants for the reductionof plant and
animal matter.
Agricultural Maintenance Plan
Agricultural maintenance plans may be required to help ensure that remnant
orchards do not become repositories of harmful pests. The intent of an agricultural
maintenance plan is to help ensure that agricultural plants are maintained in a
manner that does not have negative impacts on agricultural operations in the
vicinity. Agricultural maintenance plans may contain specific schedules of cultural
Exhibit,k, Agricultural/Residential Buffer Implementation Guidelines (adopted December 16, 2008)
practices, phytosanitary practices, and financial assurances to be approved and
monitored by the Agricultural Commissioner. Such plans may be recommended by
the Agricultural Commissioner as a condition of approval meant to ensure the
ongoing maintenance of an agricultural operation.
Agricultural Permits
Agricultural Permits include all permits, licenses, and certificates such as: Operator
Identification (ID), Restricted Material (RM) spray permits, organic
certification, n urse ry license, farmers market certificate, and export
(phytosanitary) certification that may be issued by agencies of state, local or
federal government with jurisdiction over agricultural produce and practices.
Administrative Permits
Administrative Permits refer to "building permits" on existing parcels. The action to
approve such a permit is an "objective" decision arrived at by Countystaff with no
public hearing and requires little if any subjective judgment and doesnot require
the exercise of discretion. An administrative permit is issued if the application
meets all the standards and criteria of all County and building codes. To contest
an administrative action/decision the applicant may submit a written request for a
compliance review by the Director of Development Services regarding compliance
with the objective criteria, standards, and proce
Exhibit A, Agricultural/Residential Buffer Implementation Guidelines (adopted December 16, 2008)