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HomeMy WebLinkAbout2014-3-3 DRAFT MINUTESLCA Committee DRAFT Minutes, March 3, 2014 1 Butte County Department of Development Services TIM SNELLINGS, DIRECTOR | PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buttecounty.net/dds www.buttegeneralplan.net ADMINISTRATION * BUILDING * PLANNING LAND CONSERVATION (WILLIAMSON) ACT ADVISORY COMMITTEE DRAFT MINUTES – MARCH 3, 2014 TIME: 9:00 a.m. PLACE: Development Services Training Room 7 County Center Drive Oroville, CA 95965 I. ROLL CALL: Blake Bailey, Joe Connell, Pete Calarco, David Skinner, Myron Openshaw, Holly Foster, and Chair Richard Price. Joe Connell and Holly Foster were absent. Also present were Director of Development Services Tim Snellings; Deputy County Counsel Felix Wannenmacher; Principal Planner and Williamson Act Program Manager Claudia Stuart; and Senior Administrative Assistant Kim McMillan. II. ACCEPTANCE OF AGENDA: Committee members and staff may request additions, deletions, or changes in the Agenda order. Ms. Stuart requested that the Director of Development Services, Tim Snellings, be allowed to give the Informational Update (Item VIII) before approval of the minutes. The Committee consented. LCA Committee DRAFT Minutes, March 3, 2014 2 Mr. Snellings provided an update on recent activities at the State level concerning the Williamson Act. The California State Association of Counties continues to lobby the State legislature for subvention funding. Final regulations for SB 618 (Solar Use Easements) have been issued, and will need to be addressed by Butte County. AB 1265, which has returned 40 percent of the lost subvention funding (approximately. $240,000 returned out of $600,000 in lost subventions), will sunset in 2016. AB 1961 (Eggman – Sustainable Farmland Strategy) would require that all policies and requirements protecting farmland shall be gathered together and adopted by each county. However, AB 1961 does not provide funding to support this effort. Mr. Snellings noted that funding for farmland protection may come through the Strategic Growth Counsel. The Department of Development Services will bring an Agricultural Mitigation Ordinance to the Board of Supervisors on March 25, 2014. III. APPROVAL OF MINUTES: Please see the attached draft minutes of the November 4, 2013 meeting (Attachment 1). Mr. Openshaw moved approval of the minutes as submitted. Mr. Skinner seconded the motion. The motion was approved unanimously. IV. BUSINESS FROM THE FLOOR ON ITEMS NOT ALREADY ON THE AGENDA Presentations will be limited to five minutes. The Land Conservation Act Advisory Committee is prohibited by State Law from taking action on any item presented if it is not listed on the Agenda. None. V. GENERAL WORK ITEMS A. Review and Discussion of 2006 and 2012-13 Department of Conservation Comments On August 16, 2006 the California Department of Conservation (DOC) questioned a number of provisions in Butte County’s draft Williamson Act Rules and Procedures prior to adoption of the document by the Board of Supervisors. Staff addressed these comments in a September 21, 2006 report to the Williamson Act Advisory Committee which was forwarded to the Board of Supervisors at the time the Rules were adopted in late 2006. The record indicates that the County elected to respectfully disagree with DOC on a number of provisions in the adopted Rules. The Williamson Act Advisory Committee has recently discussed the County’s approach to addressing DOC’s 2006 comments, due to a September 17, 2012 comment letter from DOC regarding Rule 6.D.5 in relation to the proposed One World partial cancellation. Pursuant to this discussion, on November 4, 2013 the Committee directed staff to review DOC’s 2006 comments as they pertain to Butte County’s adopted Rules, and to look for opportunities to address the issues identified by DOC with recommendations to the Board of Supervisors. LCA Committee DRAFT Minutes, March 3, 2014 3 After discussion at today’s meeting, staff requests that the Committee confirm its final direction regarding Rule 6.D.5. Staff further requests that the Committee accept an update from the Director of the Department of Development Services about recent activities at the State level related to the Williamson Act. Should the Committee determine to proceed with a general review of the County’s Rules after accepting the Director’s update, staff requests that the Committee discuss the provisions listed in Attachment E and provide feedback regarding retaining, deleting, or modifying these provisions in the County’s adopted Williamson Act Rules. The Committee may also wish to ask staff or counsel to provide further information, clarification or analysis regarding any of these items at the Committee’s next meeting. Ms. Stuart discussed the proposed sequence for this discussion, which is to address ten substantive comments from DOC at the current meeting and integrate the Committee’s direction regarding these comments into draft changes to the County’s Williamson Act Rules. At a subsequent meeting, staff would bring these changes, as well as any additional substantive, legal, or wording changes, to the Committee for review, confirmation and a recommendation to the Board of Supervisors. The Committee provided direction to staff as summarized below: Rule 6.D.5 (Cancellation allowing minor acreage adjustments’ not requiring findings): The Committee moved unanimously to direct staff to delete this section from the County’s Rules. Rule 3.B.10 (Accessory Game Bird Production): The Committee directed staff to discuss potential changes with DOC, and to note that game birds are produced on many of the County’s agricultural lands, for example, ducks eggs are collected from some rice fields (often through programs with schools), raised in incubators, and released annually. Would adding the wording “for habitat enhancement” address this issue? Rule 3.B.11 (Accessory Specialized Animal Facilities): The Committee directed staff to work with DOC to clarify whether the new equine policy refers to primary or accessory use, or both. Staff will draft a wording change that would be consistent with the 2009 policy and that is also consistent with the County’s zoning. Staff can provide the zoning requirements to DOC and ask which requirements, if any, are not consistent with the Williamson Act. Rule 3.C.1 (Conditionally Permitted Public and Quasi-Public Uses): Staff noted that some of the DOC comments may have been addressed elsewhere in the County’s Rules, and requested the Committee to defer the discussion to a future meeting. Staff will also look at the County’s zoning requirements in relation to this item, including the new zoning. Staff will clarify this item and bring it back to the Committee. Rule 3.C.2 (Veterinary Hospitals and/or Clinics): The Committee directed staff to eliminate these from the compatible uses listed by Butte County. LCA Committee DRAFT Minutes, March 3, 2014 4 Rule 3.C.3 (Conditionally Permitted Seasonal Hunting, Hunting Clubs and Wildlife Observation Facilities): The Committee directed staff to prepare a revision that is consistent with both the DOC comments and the County’s updated zoning, as well as with more recent communications between DOC and the Assessor’s Office. Staff will bring back a discussion of this item in light of zoning and the recent letter from DOC noted by Mr. Bailey. Rule 3.C.4 (Conditionally Permitted Surface Mining, Mineral Extraction, Quarries, and All Other Mines): The Committee directed staff to include language about converting the contract to open space use, and to list the types of open space uses in the next presentation to the Committee. Rules 4 and 5 (Recreational Use vs. Open Space Use): The Committee discussed whether recreational use is an allowable primary use, noting that it must allow access to the public at a reasonable fee. The Committee asked staff to work with DOC to clarify their comments on this item, and to ask DOC whether there are any recreational contracts in the state. Staff will bring this information back to the Committee. Rule 6.G (Correction of Errors): The Committee directed staff to leave this Rule as it is, with no changes. Rule 7.A (Division of Williamson Act Land): The Committee directed staff to add “as delegated by the Board of Supervisors…” Rule 7.C (Lot Line Adjustment and Parcel Merger): The Committee directed staff to delete the word “determination” and substitute “recommendation” or “report”; and to clarify that in all cases, the Director reports to the Committee, which considers the Director’s report and makes a recommendation to the Board of Supervisors. Staff will prepare changes to the language in the adopted Rules based on the Committee’s feedback, and will bring that language back to the Committee at its next meeting, as well as changes due to the update in the zoning code, and any other issues related to DOC’s 2006 comments. Staff noted that it may take more than one meeting to address all additional potential changes to the County’s Rules. VI. UPCOMING APPLICATION REVIEWS A. Consistency Review for Parcel Map on Williamson Act Lands – Stephens- Edmonds Ranch (LCA13-0004; TPM13-0011) Stephens-Edmond Ranch, LLC has submitted an application for a tentative parcel map to divide a 318.9-acre parcel (APN 047-150-138) into four lots of 79.72 acres each. The property is located on the north side of Nord Highway, approximately 1 mile east of the community of Nord. Staff is working with the Current Planning section to confirm consistency of this application with Butte County zoning standards before bringing it to the Williamson Act Advisory Committee for a consistency review. LCA Committee DRAFT Minutes, March 3, 2014 5 An addition to the zoning code will be needed to process this application. This item will not be tracked on future Williamson Act Committee agendas until the necessary zoning code update has been advanced sufficiently to allow further processing and review of the application. B. Consistency Review for Use Permit on Williamson Act Lands – Handi-Riders 0(UP13-0006) Handi-Riders has submitted an application for a Conditional Use Permit to allow a therapeutic horseback riding center on an approx. 82-acre parcel (APN 041-150-049) enrolled in the Williamson Act. The property is located in the AG-160 (Agriculture – 160-acre minimum parcel size) zone on the west side of the SR 70 and SR 191 interchange. The existing structures on the property would be used for the facility, with no additional structures proposed. Staff is working to assist the applicant in submitting an application for review by the Williamson Act Advisory Committee. Handi-Riders has submitted its application for a use permit, which is under review by Current Planning staff. Review for compatibility with the Williamson Act will occur concurrently. Staff will notify the applicant of the Committee’s intent regarding the County’s Williamson Act Rules for specialized animal facilities, including equine facilities, and will use this direction in reviewing the application. C. Consistency Review for Lot Line Adjustment on Williamson Act Lands – Wild Goose (LLA13-0020) The Wild Goose Club has submitted an application to adjust two parcels (APNs 021-030-009 and 021-030-016) currently enrolled in the Williamson Act, by taking 6.71 acres from APN -009 and adding it to APN -016. The 8.7-acre parcel created by this adjustment would contain all of the hunting club structures and facilities. Staff is working with the property owner to submit the appropriate application(s) for review by the Williamson Act Advisory Committee. The property owner has previously filed applications to nonrenew both parcels from the Williamson Act. The County has received the Club’s petition for cancellation of the developed area on two parcels within the contract. The applicant wants to adjust the property lines to contain the developed area, amend the contract for the remainder of the area to managed wetland, and cancel the developed area out of the contract. VII. FUTURE ENFORCEMENT AND PROGRAM ITEMS Consistent with the Committee’s direction, staff is reviewing the following additional items, and will bring these forward for the Committee’s review at a future meeting: A. Circle 6 Ranch Discussion of habitat conservation easement B. Little Dry Creek Ranch Discussion of habitat conservation easement C. Nels Leen et al. Contract amendment - Parcel 041-060-131 LCA Committee DRAFT Minutes, March 3, 2014 6 D. Chaffin Finalization of cancellation - Parcel 041-710-005 (was 041-140-073) E. Inman Discussion of potential non-renewal - Parcel 041-210-008 F. Discussion of Material Breach Applicability: Construction of a Limited Ag. Building on a Substandard Parcel Sold Out of Contract The Assessor’s Office has notified Development Services of a concern regarding construction of a limited ag. building (B13-0939) on a substandard parcel (APN 041-140-069), and has asked that this item be placed on an upcoming meeting agenda. G. Discussion of the Definition of “New Construction” for Enforcement The Assessor’s Office asked that this item be added to an upcoming agenda when it was recently discovered that the Assessor’s Office and the Department of Development Services define the term “new construction” differently, each according to professional norms in their respective fields. The differing definitions need to be reconciled in order to allow for consistent enforcement of the Williamson Act program across County departments. The last two items are new and have been added to the list since the last meeting. These items are scheduled for consideration after the Committee finishes updates to the County’s Williamson Act Rules. VIII. INFORMATIONAL UPDATES The Director of Development Services will provide an update on recent activities at the State level related to the Williamson Act. IX. COMMITTEE CONCERNS/DISCUSSION Upcoming Schedule – 2014 Regular Quarterly Meetings  Monday, June 2, 2014: 9:00 a.m.  Monday, September 8, 2014: 9:00 a.m.  Monday, December 1, 2014: 9:00 a.m. Mr. Skinner will not be available for September 8th. Chair Price may not be available that date. Chair Price announced the rollout of the Public Draft of the Butte Regional Conservation Plan on the following Wednesday. The County and four cities are part of the process. Chair Price will provide a short presentation to the Committee once the report is available to the public. X. ADJOURNMENT Mr. Calarco moved for adjournment. Mr. Openshaw seconded.