HomeMy WebLinkAboutSTAFF REPORT RULES UPDATE 2014-6-2 FINAL1
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
June 2, 2014
Williamson Act Advisory Committee
25 County Center Drive
Oroville, CA 95965
RE: UPDATE OF THE WILLIAMSON ACT UNIFORM RULES AND PROCEDURES
SUMMARY
Butte County’s Uniform Rules and Procedures for implementing the Williamson Act were adopted
on January 23, 2007 and were revised in 2010 and 2011. Action AG-A1.1 of the Butte County
General Plan directs the County to “Maintain County policies to address consistency with the
Williamson Act and future amendments.” Accordingly, on March 3, 2014 the Butte County Land
Conservation (Williamson) Act Advisory Committee directed staff to begin preparing a preliminary
set of updates to the County’s Williamson Act Uniform Rules and Procedures. These changes are
needed to reflect comments and updated policies from the California Department of Conservation
(DOC) which have not yet been addressed; the recent comprehensive update of the County’s
zoning ordinance; and other existing and emerging information.
Accordingly, staff has prepared an initial set of draft revisions to the County’s Williamson Act
Uniform Rules and Procedures (Attachment A). In drafting these changes, staff has sought to
achieve the following goals:
1. Retain the intent of the County’s 2007 Williamson Act Uniform Rules and Procedures as
clearly and specifically as possible.
2. Bring the Butte County Uniform Rules and Procedures into conformance with new
permitting procedures and requirements in the updated Butte County zoning code.
3. Bring Butte County’s Uniform Rules and Procedures into closer conformance with the terms
and definitions used in other state and local regulations, in order to simplify interpretation
and application of the multiple levels of state and local regulation that exist for any given
property or proposal.
4. Simplify and clarify the text and format of the County’s Uniform Rules and Procedures
wherever possible, in order to assist staff and the public in understanding and adhering to
the County’s program.
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REQUEST
Staff requests that the Committee review the proposed changes in Attachment A and provide
feedback and direction. For any use listed as compatible with the Williamson Act under Rule 3,
staff requests that the Committee clarify whether the use should be:
Listed, as compatible or conditionally compatible with the Williamson Act;
Deleted, as incompatible with the Williamson Act; or
Limited, in a way which renders the use compatible with the Williamson Act.
To assist in the Committee’s review, Butte County’s current Williamson Act Uniform Rules and
Procedures are posted online at www.buttecounty.net/dds/Planning/WilliamsonAct.aspx. The
County’s zoning ordinance is posted at www.buttecounty.net/dds/Planning/Zoning.aspx.
Information about the Williamson Act is posted by the California Department of Conservation at
www.conservation.ca.gov/dlrp/lca/Pages/Index.aspx. All government code provisions of the
Williamson Act are posted at
www.conservation.ca.gov/dlrp/lca/lrcc/Pages/governing_statutes.aspx. Staff can also provide
printed copies of these documents at the request of Committee members.
BACKGROUND
2006 Comments from DOC
On August 16, 2006 the California Department of Conservation (DOC) questioned a number of
provisions in Butte County’s draft Williamson Act Uniform Rules and Procedures prior to adoption
of the document by the Board of Supervisors. County records indicate that the County elected to
respectfully disagree with DOC on a number of provisions before adopting the County’s Uniform
Rules and Procedures effective 2007.
After DOC reiterated at least one of its comments in 2012, the Williamson Act Advisory Committee
began looking more closely at DOC’s 2006 comments and the County’s responses. Based on this
initial review, in early 2014 the Committee undertook a more extensive and systematic review of
DOC’s 2006 comments on the County’s draft Williamson Act Uniform Rules and Procedures.
Comprehensive Update of the Butte County Zoning Ordinance
The Butte County Zoning Ordinance was comprehensively updated in 2012 and amended in 2013.
The County’s existing Williamson Act Uniform Rules and Procedures therefore need to be updated
in order to address numerous inconsistencies with the terms, definitions, standards, requirements,
and procedures in the new zoning.
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Other Existing and Emerging Information
State legislation and policy has been evolving since 2007. For example, in 2009 DOC issued an
updated policy regarding the compatibility of horse breeding and training facilities with the
Williamson Act. The County’s Williamson Act Uniform Rules and Procedures need to be updated in
order to reflect such changes. Similarly, the update of the County’s General Plan in 2010 may also
require changes to the County’s Uniform Rules and Procedures in order to reflect changing policy
at the local level.
OBJECTIVES OF THE WILLIAMSON ACT
The California Department of Conservation describes the Williamson Act as “a means to restrict
the uses of agricultural and open space lands to farming and ranching uses during the length of the
contract period. The Williamson Act Program was also envisioned as a way for local governments
to integrate the protection of open space and agricultural resources into their overall strategies for
planning urban growth patterns.” According to DOC, three principal objectives were originally
outlined by the Act:
Protection of Agricultural Resources (Agricultural Land)
Preservation of Open Space Land
Promotion of Efficient Urban Growth Patterns.
With these objectives in mind, staff requests that the Committee review the following proposed
changes to the County’s Williamson Act Uniform Rules and Procedures, and provide feedback and
direction regarding further revisions to the document:
ITEMS TO BE REVIEWED
References to the Advisory Committee (throughout)
One change proposed throughout the document is to refer consistently to the “Williamson Act
Advisory Committee”, rather than the “LCA Committee.”
Rule 2.A Regulation of Uses - General
Staff recommends that language be inserted here to clarify that use of land under a Williamson Act
contract must not only be consistent with the County’s Williamson Act Uniform Rules and
Procedures, but also must be consistent with the provisions of the Williamson Act itself, as well as
with standards set forth in the Butte County Zoning Ordinance.
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Rule 2.B
Rule 2.B has been updated to more clearly reflect the procedures implemented by the County to
administer the Williamson Act. Where a property owner proposes a primary or accessory use that
is substantially similar to the uses listed in 3.A and 3.B, the Board of Supervisors has already
determined the use to be compatible with the Williamson Act through its adoption of the County’s
Williamson Act Uniform Rules and Procedures. In such cases, staff does not bring the proposal to
the Williamson Act Advisory Committee for review. It is only where a proposed use is not
substantially similar to the compatible uses listed in 3.A or 3.B, or where a proposed use requires
approval of a minor or conditional use permit, that the proposal must be brought to the Williamson
Act Advisory Committee for a recommendation to the Board of Supervisors regarding the
compatibility of the proposed land use with the Williamson Act.
Rule 3 Qualifying Uses on Williamson Act Land
Discussion
Butte County’s Williamson Act Uniform Rules and Procedures divide compatible uses into three
categories:
1. Rule 3.A - Uses that Qualify as Primary Agricultural Uses
2. Rule 3.B - Accessory Uses to Primary Agricultural Uses
3. Rule 3.C - Conditionally Permitted Uses on Williamson Act Land.
Under Section 51201(b) of the Williamson Act, “agricultural use” is defined as “use of land,
including but not limited to greenhouses, for the purpose of producing an agricultural commodity for
commercial purposes.” Section 51201(a) further defines “agricultural commodity” as “any and all
plant and animal products produced in this state for commercial purposes, including, but not limited
to, plant products used for producing biofuels.”
“Compatible use” under the Williamson Act is any land use determined to be compatible with the
agricultural, recreational, or open-space use of land and consistent with other regulations and
requirements. The rule of thumb used by County staff is that, in order to qualify for an agricultural
use under the Williamson Act, the use must involve commercial agriculture in order to produce food
or fiber. An exception regarding equine breeding and training facilities has been formulated by
DOC, and is discussed below.
Principles of Compatibility
State statute allows counties to determine land uses which are compatible with the Williamson Act
under Government Code Section 51201(e), which states:
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“Compatible use” is any use determined by the county or city administering the preserve
pursuant to Section 51231, 51238, or 51238.1 or by this act to be compatible with the
agricultural, recreational, or open-space use of land within the preserve and subject to
contract. “Compatible use” includes agricultural use, recreational use or open-space
use unless the board or council finds after notice and hearing that the use is not
compatible with the agricultural, recreational or open-space use to which the land is
restricted by contract pursuant to this chapter.
Government Code Section 51231 further allows the board to “enumerate those uses… which are
to be considered to be compatible uses on contracted lands….” Sections 51238 (a) and (b) specify
that the erection, construction, alteration, or maintenance certain types of infrastructure and
agricultural worker housing are compatible with the Williamson Act, unless the board determines
otherwise. Section 51238.1 sets forth the key principles of land-use compatibility with the
Williamson Act:
1. The use will not significantly compromise the long-term productive agricultural capability of
the subject contracted parcel or parcels or on other contracted lands in agricultural
preserves;
2. The use will not significantly displace or impair current or reasonably foreseeable
agricultural operations on the subject contracted parcel or parcels or on other contracted
lands in agricultural preserves. Uses that may significantly displace agricultural operations
on the subject contracted parcel or parcels may be deemed compatible if they relate directly
to the production of commercial agricultural products on the subject contracted parcel or
parcels or neighboring lands, including activities such as harvesting, processing, or
shipping.
3. The use will not result in the significant removal of adjacent contracted land from
agricultural or open-space use.
Further, under 51238.1(b), “A board… may include in its compatible use rules or ordinance
conditional uses….”
Given these provisions, as well as permitting requirements under the County’s zoning, for each
potentially compatible land use to be listed in the County’s Williamson Act Uniform Rules and
Procedures, the Committee may choose to recommend to the Board one of the following:
(1) Include the use as a primary qualifying use under Rule 3.A, or as a compatible accessory
use under Rule 3.B;
(2) Include the use under Rule 3.A or 3.B, but apply additional standards or restrictions to the
use on Williamson Act lands which would make it compatible with the Butte County
Williamson Act program;
(3) List the use under Rule 3.C (Conditionally Permitted Uses) with or without additional
limitations. Under Rule 3.C, further conditions may also be applied to individual proposals,
in order to render them compatible with the Act;
(4) Exclude the use from the list of uses deemed compatible with the Butte County Williamson
Act program.
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Following are the potentially compatible uses and other updates which the Committee is asked to
review under Rule 3. It is important to note that the County cannot adopt Williamson Act rules that
are less restrictive than zoning or the Williamson Act statute; for example, by allowing a use that is
not allowable under zoning, or that is not permitted by state statute.
Rule 3.A Uses that Qualify as Primary Agricultural Uses
Rule 3.A.1 General Farming, Ranching, Horticulture, Commercial Livestock Production and Similar
Activities
The 2007 Williamson Act Uniform Rules and Procedures allowed general farming, ranching,
horticulture, and commercial livestock production, but also included more intensive uses such as
hog ranches, dairies, and feedlots as qualifying uses by-right on Williamson Act lands. Rule 3.A.1
has been updated to reflect the intent of the 2007 Uniform Rules and Procedures, while
acknowledging new categories and definitions of agricultural uses under the County’s updated
zoning. Dairies, hog farms, feedlots, aquaculture, confined animal feeding operations, large-scale
beekeeping, and similar operations now require approval of a conditional use permit under Article 4
(Agriculture Zones) of the Butte County Zoning Code. These uses have therefore been deleted and
moved under Rule 3.C (Conditionally Permitted Uses).
Rule 3.A.3 Cultivation of tree, vine, row and field crops
A clarification regarding medical marijuana has been added to this rule consistent with Article 4
(Agriculture Zones) of the updated zoning. Under Article 4, marijuana is not a commercial crop and
therefore does not qualify as a compatible primary use under the Williamson Act.
Rule 3.A.4 Growing of ornamental and agricultural nursery stock for wholesale
This rule has been revised to reflect new standards in Article 4 of the zoning code, which now limits
nursery sales in agricultural zones to wholesale.
Rule 3.A.5 Greenhouse structures for use in commercial agriculture
This clarification has been added to confirm that greenhouse structures must be for commercial
agriculture consistent with Article 4 (Agriculture Zones) of the updated zoning code.
Rule 3.A.9 Allowable residences
A clarification has been added to this rule, consistent with Article 4 (Agriculture Zones) of the
County’s updated zoning, to confirm that second units are not allowable on Williamson Act lands
under the new zoning. Agricultural worker housing is permitted as an accessory use under Article 4
of the updated zoning only where it conforms to the definition of Agricultural Worker Housing
Center:
Housing for agricultural employees consisting of no more than 36 beds in a group
quarters or 12 units designed for use by a single family or household subject to a
permit from the State.
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Rule 3.A.10 Water storage reservoirs and irrigation areas
Staff requests that the Committee discuss and confirm whether this rule should be included under
Rule 3.A as a primary agricultural use on Williamson Act land, or should be moved to Rule 3.B
(Compatible Accessory Uses).
Rule 3.B. Compatible Accessory Uses
Rule 3.B has been updated to reflect the new zoning. Under Article 42 (Glossary) of the new
zoning, the definition of Accessory Use is now:
A use that is incidental, related, appropriate, and clearly subordinate to the primary
use of the parcel, building or zone, which does not alter the primary use of such
parcel, building or zone, nor serve property other than the parcel of land on which
the primary use is located. [Underline added]
A section of text discussing review procedures has also been deleted, as these procedures are
outlined in Rule 2.B.
Rule 3.B.2 Warehousing and storage of agricultural products grown on the property
Rule 3.B.2 is updated to reflect the new definition of Accessory Use under the updated zoning
(above), which restricts accessory uses to serving only the parcel of land on which they are
located.
Rule 3.B.4 Stands or displays for agricultural commodities
Rule 3.B.4 is updated to delete the incidental sale of agricultural products produced offsite,
consistent with the updated definition of Accessory Use under the new zoning as discussed above.
Rule 3.B.5 Farm airstrips
Rule 3.B.5 is updated to reflect the definition of these facilities in Article 42 (Glossary) of the
updated zoning code:
An agricultural or personal use airstrip exempt from State permit requirements.
The wording of the original rule has otherwise been retained, in order to limit this use to farm
airstrips, and to ensure compatibility with the Williamson Act.
Rule 3.B.6 Agricultural waste composting facilities
“Agricultural waste composting facilities” were formerly permitted under Rule 3.B.9. This use has
been retained here, but has been clarified consistent with the new definition of Accessory Use as
serving only the parcel on which the primary use is located, as defined under Article 42 (Glossary)
of the Butte County zoning code.
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Rule 3.B.7 Game bird production
Rule 3.B.7 is updated to reflect the Committee’s direction on March 3, 2014. The Committee
specified that game bird production is compatible as an accessory use on Williamson Act land
where it is conducted specifically to enhance habitat.
Rule 3.B.8 Recreational use of the land
The 2007 Butte County Williamson Act Uniform Rules and Procedures include recreational use as
a compatible accessory use:
Recreational uses not requiring any permanent improvements or facilities and not
interfering materially with agricultural operations. This includes seasonal hunting
and fishing uses with no permanent facilities, provided that any recreational vehicles
and travel trailers shall be used for occupancy during non-cropping seasons only.
However, because “Recreational use” is specifically defined under Section 51201(n) of the
Williamson Act, staff recommends that the Committee consider deleting most of the 2007 text and
substituting the statutory language defining recreational use as shown. Staff further recommends
that the limitation regarding seasonal occupancy be retained (i.e., “…provided that any recreational
vehicles and travel trailers shall be used for occupancy during non-cropping seasons only”). Staff
suggests that the Committee discuss whether these updates will sufficiently address any additional
standards or restrictions that are necessary to ensure that public recreational use is compatible
with the Williamson Act program in Butte County. The Committee may wish to direct staff to include
additional limitations.
Rule 3.B.9 Private seasonal hunting, hunting and fishing, or wildlife observation facilities
Rule 3.B.9 has been updated to identify this use as private, rather than public, hunting and fishing
facilities, and to bring this rule into conformance with the updated zoning code.
Rule 3.B.10 Agricultural processing of products grown on the property
The 2007 Williamson Act Uniform Rules and Procedures allow “Processing, packing selling and/or
shipping of agricultural products per Butte County Zoning Code Section 24-9(b)(3)” as a qualifying
primary use on Williamson Act lands. The text has been updated to reflect the definition of
Agricultural Processing under Article 42 (Glossary) of the Butte County Code, and to limit the use
consistent with the updated zoning definition of Accessory Uses as serving only the parcel of land
on which the primary use is located. Agricultural Processing is defined under the updated zoning
as:
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The cooling, dehydrating, refining, milling, pressing, or other treatment of agricultural
products that changes the naturally grown product for consumer use or for further
processing, and receiving agricultural products from other growers for such
processing. Examples of Agricultural Processing include cold storage houses;
wineries (pursuant to the definition of “Winery Production Facility, limited”), hulling,
operations for on-site or off-site products, fruit dehydrators; dryers, and the sorting
cleaning, packing, bottling, storing or warehousing, pruning and sale of orchard and
farm wood, and the wholesaling, transportation and distribution of agricultural
products. Uses classified as Animal Processing and Intensive Animal Uses are
excluded from this definition.
This land use has been moved from the primary agricultural uses listed under Rule 3.A, to
accessory uses under Rule 3.B, consistent with the primary goal of the Williamson Act to conduct
commercial agriculture in order to produce food or fiber.
The Committee may wish to discuss whether there are any uses allowed under this zoning
definition which should be specifically limited or excluded from the Butte County Williamson Act
program.
Rule 3.B.11 Processing and sale of firewood from orchard operations
This item has been updated to reflect the updated zoning standards and definitions. Under the
updated zoning, Firewood Storage, Processing and Off-Site Sales, Small are defined as:
A site occupying no more than 20 percent of a parcel’s total size where no more
than 25 cords of firewood is stored at any one time for processing and off-site sales.
Setbacks for this use shall be the same as required for a primary structure.
Maximum height of stored wood shall be 10 feet.
Medium and large firewood storage, processing, and sales require a minor or conditional
use permit, and have been moved to Rule 3.C (Conditionally Permitted Uses).
Rule 3.B.12 Accessory and minor utilities
The 2007 County Williamson Act Uniform Rules and Procedures allow “Public utility
transmission and delivery lines per Section 51238” as an accessory use. Government Code
Section 51238 provides for the “erection, construction, alteration, or maintenance of gas,
electric, water, communication, or agricultural labor housing facilities” as compatible uses,
unless the Board of Supervisors makes a finding to the contrary.
The updated text of Rule 3.B.12 addresses all of the referenced uses under 51238 that are
allowed by-right or by Administrative Permit in agricultural zones under the updated zoning
code. These consist of Utilities, Accessory and Utilities, Minor, including all of the uses
listed below:
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Tier 1 Solar Energy Systems. As defined in zoning Section 24-157, Tier 1 systems
consist of roof-mounted solar electric systems used to power on-site primary or
accessory uses, and are located on structures or placed over parking lots; or they
are ground-mounted Solar Electric Systems up to one-half acre in size. Tier 1
includes building-integrated photovoltaic systems where the Solar Electric System is
part of the building materials used in the construction of on-site primary or
accessory structures.
Tier 2 Solar Energy Systems. As defined in zoning Section 24-157, these systems
are ground-mounted solar electric systems used to power on-site primary or
accessory uses, limited to less than 15 percent of the parcel’s size up to 5 acres,
whichever is less, with less than 50 percent of the power generated being used off-
site;
Rooftop/Micro Wind Energy Systems. As defined in Section 24-157, these are
rooftop or very small wind systems producing less than 1 kW which are:
o Less than 10 feet in diameter
o May be installed on a pole, 10 feet or more above the highest point on the
roof, or other structural supports as allowed by applicable building codes
o Produce energy which is used primarily on the parcel on which it is located,
or on adjacent parcels in common ownership with the subject parcel, and
o Produce less than six decibels of noise above ambient levels.
Agricultural Wind Energy Systems. As defined in zoning Section 24-157, these
systems are any wind energy conversion systems rated 50 kW or less and located
in an Agricultural zone, excluding auxiliary rooftop structures.
Other uses defined under Utilities, Minor including power lines, water and sewer
lines, water transmission lines, storm drainage facilities, transformers, and water
and sewer pump stations.
Co-Located Telecommunication Facilities consistent with Section 24-184 of the
Butte County zoning code. These are facilities that are placed or installed on or
immediately adjacent to an existing facility.
Staff notes that agricultural worker housing is addressed under Rule 3.B.14
(Agricultural Worker Housing Centers).
Rule 3.B.13 Small apiaries
The 2007 Williamson Act Uniform Rules and Procedures allow apiaries as a primary compatible
use. However, Article 42 (Glossary) of the updated Zoning Code defines large-scale beekeeping
as a type of Intensive Animal Operation, which would need to be addressed under Rule 3.C
(Conditionally-Permitted Uses). Assuming that smaller-scale bee-keeping would be an accessory,
rather than a primary use, staff has proposed including it here under compatible accessory uses.
Staff notes that the definition of Intensive Animal Operations does not specify the scale of large-
versus small-scale beekeeping, only that large operations are characterized by producing
potentially adverse environmental impacts or impacts to neighbors.
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Rule 3.B.14 Agricultural worker housing centers
The 2007 Williamson Act Uniform Rules and Procedures list Agricultural Employee Housing
facilities as a compatible primary use on Williamson Act lands. Article 4 (Agriculture Zones) of the
updated zoning code allows Agricultural Worker Housing Centers only as an accessory use in
agriculture zones. Article 42 (Glossary) of the updated zoning defines Agricultural Worker Housing
Centers as “Housing for agricultural employees consisting of no more than 36 beds in a group
quarters or 12 units designed for use by a single family or household subject to a permit from the
State.” The new definition under zoning has therefore been included under Rule 3.B.14 as a
compatible accessory use on Williamson Act lands. It should be noted that the new zoning code
requires a permit from the State for any form of agricultural worker housing other than a primary
residence.
Rule 3.B.15 Animal processing, custom
Under the County’s updated zoning, Animal Processing, Custom is defined separately from
Agricultural Processing, and is permitted by-right in agricultural zones. Animal Processing, Custom
is defined as follows:
The slaughtering and processing of animals raised on-site for various non-
commercial and commercial purposes. Meat products produced by Animal
Processing, Custom operations can be consumed by the animal owner’s household,
non-paying guests, or non-paying employees. Included in this definition are
temporary custom mobile slaughter operations that provide temporary on-farm
harvest service for farmers and ranchers. Products from animals processed on-farm
in federally inspected mobile slaughter units or the processing of pastured poultry
within the limitations of State and Federal Law are eligible for commercial sale.
This land use has been moved from the primary agricultural uses listed under Rule 3.A, to
accessory uses under Rule 3.B, consistent with the primary goal of the Williamson Act to conduct
commercial agriculture in order to produce food or fiber.
Rule 3.C Conditionally Permitted Uses
The 2010 zoning code update provides for discretionary permitting under Minor Use Permits as
well as Conditional Use Permits. Conditional Use Permits are heard by the Planning Commission,
while Minor Use Permits are heard by the Zoning Administrator. Potentially controversial Minor Use
Permit applications are referred by the Zoning Administrator to the Planning Commission. Public
noticing and hearings are conducted for both types of permits. Both types of permits are therefore
addressed here under Conditionally Permitted Uses.
Rule 3.C.1 Intensive animal operations
The 2007 Williamson Act Uniform Rules and Procedures allow hog ranches, dairies, and dairy and
beef cattle feedlots as primary agricultural uses on Williamson Act lands. The County’s updated
zoning code groups these uses together under the definition of Intensive Animal Operations, which
require approval of a conditional use permit in agricultural zones. The updated zoning defines
Intensive Animal Operations as:
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The raising or fattening of animals in a manner that produces potentially
adverse environmental impacts or adverse impacts to neighboring
properties. Examples of Intensive Animal Operation uses include dairies,
hog farms, feedlots, aquaculture, confined animal feeding operations
(CAFOs), large-scale beekeeping, and other similar operations. Animal
Processing; Animal Processing Custom; breeding, weaning, supplementary
feeding, raising, livestock transportation, and Animal Grazing are excluded
from this definition.
Because they now require a conditional use permit, this set of uses has been moved under Rule
3.C (Conditionally Permitted Uses). Because Intensive Animal Operations are commercial
agricultural activities to produce food or fiber, staff recommends that this use be allowable as a
primary or accessory use on Williamson Act lands. Because Intensive Animal Operations include
feedlots, staff recommends that the definition of feedlots formerly included under Rule 3.A be
included here.
Staff further suggests that the Committee discuss whether all forms of Intensive Animal Operations
are compatible with the Butte County Williamson Act program, or whether any limitations should be
applied under Rule 3.C.1 to ensure the compatibility of these uses with the County’s program.
Rule 3.C.2 Facilities dedicated to the breeding and training of horses for commercial sale
The 2007 Williamson Act Uniform Rules and Procedures allow Specialized Animal Facilities,
including riding academies, accessory equestrian facilities and large-scale horse raising, as
accessory uses to a primary agricultural use. However, in 2009 DOC issued a clarification that
commercial breeding and training, including training for racing, of horses can constitute commercial
agricultural use of property under the Williamson Act:
… the breeding and training of horses for commercial sale may be
considered, by local agencies, in the local rules and contracts, to be
“producing an agricultural commodity for commercial purposes”…. As with all
statutory provisions and State interpretation, local agencies are free to
implement the Williamson Act more restrictively, and may, therefore, adopt
local rules or enter contracts that do not allow or limit commercial horse
breeding activities or allow those uses as compatible activities…. the primary
function of a commercial horse breeding or training facility must be
commercial horse breeding or training for sale. Occasional sale or training as
a secondary activity on the property shall not constitute commercial
agricultural activity and qualify for inclusion as an agricultural use under this
policy…. Nor does the policy stated herein allow the keeping, boarding,
training, or other use of horses—or any other animals for personal use—to
constitute an agricultural use for purposes of the Williamson Act.
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The DOC clarification is more restrictive than the County’s current zoning limitations on equine
facilities, but it does appear to allow this use as a primary agricultural use under the Williamson
Act. Staff has therefore included this as a primary or accessory use under the Williamson Act. The
County’s updated zoning code requires a use permit for all commercial stables; thus this use has
been moved to Rule 3.C (Conditionally Permitted Uses). Staff further suggests that the Committee
discuss whether facilities for breeding and training horses for commercial sale should be further
limited under the County’s Williamson Act program. Staff notes that, should this use be allowed as
a primary use under the County’s Williamson Act program, a minimum parcel size should be
specified in Rule 5 (Table One) for this type of activity.
Rule 3.C.3 Animal services involving only animals used for agricultural purposes
The 2007 County Williamson Act Uniform Rules and Procedures lists Specialized Animal Facilities,
including husbandry of fur-bearing animals, large-scale horse ranches, and kennels as a
compatible accessory use on Williamson Act lands. The updated zoning code does not use this
term, and instead requires a conditional use permit for Animal Services. The updated zoning code
defines Animal Services as:
Any establishment that keeps animals for sale or hire, provides medical treatment
for animals on the premises, or regularly offers temporary boarding facilities for
animals. Examples of Animal Services uses include veterinarian clinics, commercial
dog and cat grooming businesses, animal hospitals, commercial kennels, and
animal shelters.
It is important to note that, under Article 4 (Agriculture Zones) of the updated zoning code, Animal
Services are permitted in agriculture zones only when not requiring permanent improvements and
not interfering materially with agricultural operations. DOC’s 2006 comments also indicated that
specialized animal facilities such as kennels are agricultural or compatible uses only when they
involve solely animals used for agricultural purposes. On March 3, 2014 the Williamson Act
Advisory Committee further directed staff to delete veterinary hospitals and clinics from the
allowable uses under the Butte County Williamson Act program.
Staff has therefore updated this rule to reflect the new zoning standards, DOC’s 2006 comments,
and the Committee’s direction; and has moved it under Rule 3.C (Conditionally Permitted Uses).
Staff recommends that the Committee discuss whether the revised version adequately reflects the
intent of the Butte County Williamson Act program, or whether further changes should be made.
Rule 3.C.4 Medium and large firewood storage, processing and off-site/on-site sales
The County’s 2007 Williamson Act Uniform Rules and Procedures allow the processing and sale of
firewood from orchard operations as accessory to a primary agricultural use. The updated zoning
code requires a minor or conditional use permit for medium or large firewood storage. Medium
firewood storage is defined in the updated zoning as:
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A site occupying no more than 20 percent of a parcel’s total size where
greater than 25 and less than or equal to 100 cords of firewood is stored for
processing and off-site sales. Setbacks for this use shall be the same as
required for a primary structure. Maximum height of stored wood shall be 10
feet.
Large firewood processing is similarly defined, except that more than 100 cords of firewood may be
stored, sales may be on-site, and there is no standard for the height of stored wood.
Staff recommends including medium and large firewood storage (as defined under zoning) as an
accessory use under Rule 3.C (Conditionally Permitted Uses), and has retained the requirement
that the firewood be produced by orchard operations.
Rule 3.C.5 Building-mounted, utility pole-mounted, and new tower- or pole-mounted
telecommunication facilities
The 2007 Rules and Procedures allow telecommunications facilities, structures and buildings as a
conditionally-permitted use under Rule 3.C. The update to the Butte County zoning code revised
the terms and definitions used for telecommunication facilities, and also developed new permitting
requirements for different types of telecommunication facilities. Under Article 26
(Telecommunication Facilities) of the updated zoning, in agriculture zones Building-Mounted, Utility
Pole-Mounted, and New Tower or Pole-Mounted Telecommunication Facilities require Minor or
Conditional Use Permits. These uses have therefore been retained under Rule 3.C, but are 1)
updated according to the new zoning terms and definitions and 2) clarified as an accessory use.
Rule 3.C.6 Mining and surface mining operations
The County’s 2007 Williamson Act Uniform Rules and Procedures allow “surface mining, mineral
extraction, quarries, and all other mines (not including asphalt and concrete batch plants)” as a
conditionally permitted use. Rule 3.C.6 has been updated to incorporate the more detailed
definition in the updated Butte County zoning code, and to clarify that mining may be allowed as an
accessory, but not a primary, use under the Williamson Act. The new definition used here also
retains the limitation on asphalt and concrete batch plants imposed by the 2007 Rules. Consistent
with the Williamson Act Advisory Committee’s direction on March 3, 2014 staff has also inserted a
clarification under Rule 3.C.5.c that “Land reclaimed to open space use must have been under a
Williamson Act contract for open space, or must have been converted to a contract for open space,
prior to mining.”
Rule 3.C.7 Oil and gas extraction
The County’s 2007 Williamson Act Uniform Rules and Procedures allow drilling for hydrocarbon as
a primary agricultural use under Rule 3.A. Under the updated zoning code, oil and gas extraction,
including reinjection wells for natural gas, are conditionally permitted in agricultural zones. This
land use has therefore been moved under Rule 3.C, with the clarification that it is allowed as an
accessory, not primary, use on Williamson Act lands.
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Rule 6.D Immediate Cancellation Allowing Minor Acreage Adjustments
Consistent with the Committee’s direction on March 3, 2014 staff has deleted Rule 6.D.5
(Immediate Cancellation Allowing Minor Acreage Adjustments).
Rule 7.A Division of Williamson Act Land
Consistent with the Committee’s direction on March 3, 2014 staff has added “…as delegated by
the Board of Supervisors” to this clarify this section.
Rule 7.C Lot Line Adjustment and Parcel Merger
As directed by the Committee on March 3, 2014 staff has clarified the review procedures for lot line
adjustments and parcel mergers.
NEXT STEPS
Staff expects to bring additional potential changes and cleanups to the County’s Williamson Act
Rules forward to the Committee at an upcoming meeting. For example, the County’s updated
zoning specifically encourages agricultural activities associated with wine, olive oil, fruit and nut,
micro-brewery and micro-distillery production, including sampling and tasting rooms. Staff
recommends that the Committee discuss whether and under what circumstances these types of
activities are compatible with the Williamson Act.
As the Committee has requested, staff will also bring forward at an upcoming meeting a more
extensive discussion of open space and recreational use under the Williamson Act. Section 51201
(o) of the Williamson Act defines open space use as follows:
“Open-space use” is the use or maintenance of land in a manner that preserves its
natural characteristics, beauty, or openness for the benefit and enjoyment of the
public, to provide habitat for wildlife, or for the solar evaporation of seawater in the
course of salt production for commercial purposes, if the land is within:
(1) A scenic highway corridor, as defined in subdivision (i).
(2) A wildlife habitat area, as defined in subdivision (j).
(3) A saltpond, as defined in subdivision (k).
(4) A managed wetland area, as defined in subdivision (l).
(5) A submerged area, as defined in subdivision (m).
(6) An area enrolled in the United States Department of Agriculture Conservation
Reserve Program or Conservation Reserve Enhancement Program.
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Please do not hesitate to contact me at cstuart@buttecounty.net or 530-538-7604 with any questions,
or for further information.
Sincerely,
Claudia Stuart, AICP
Principal Planner
Butte County Williamson Act Program Manager
Attachments
A. Butte County Williamson Act Uniform Rules and Procedures – Initial Draft Changes
(additions in underline; deletions in strikeout)