Claudia Stuart, Williamson Act Program Manager and Nick Hernandez, Planning Intern

Similar documents
Butte County Administrative Procedures and Uniform Rules for Implementing the California Land Conservation (Williamson) Act.

APPENDIX "B" STANISLAUS COUNTY FARMLAND MITIGATION PROGRAM GUIDELINES

Article 12.5 Exemptions for Agricultural Housing, Affordable Housing, and Residential Infill Projects

Processing Procedures for Subdivisions of Land under a Williamson Act Contract

Butte County Administrative Procedures and Uniform Rules for Implementing the California Land Conservation (Williamson) Act.

FINAL DRAFT 12/1/16, Rev. to 7/18/17

Land Conservation Plan

STAFF REPORT. Permit Number: Porter. Kitsap County Board of Commissioners; Kitsap County Planning Commission

A Comparison of Swainson s Hawk Conservation Easements. County of Sacramento City of Elk Grove. Summary Report

COUNTY OF MERCED RULES OF PROCEDURE TO IMPLEMENT THE CALIFORNIA LAND CONSERVATION ACT OF 1965

Rule 80. Preservation of Primary Agricultural Soils Revised and approved by the Land Use Panel during its public meeting on January 31, 2006.

Butte County Department of Development Services

DRAFT FOR PUBLIC HEARING (rev. March, 2016)

Williamson Act Participation & Open Space Subvention Act Survey 2014 Instructions for completing and submitting forms

ATTACHMENT A: FINDINGS

Implementation of Permanent Easements and Associated Nutrient Load Reductions

Chapter SWAINSON S HAWK IMPACT MITIGATION FEES

Santa Clara County s Williamson Act Program

CCC XXX Rural Neighborhood Conservation (NC)

Butte County Board of Supervisors

The GIS Behind Dakota County s FARMLAND AND NATURAL AREAS PROGRAM

PAPRlamird5-Four Seasons

3.1 Land Use and Agriculture

CHAPTER 8. IMPLEMENTATION COSTS AND FUNDING SOURCES

Preserving Forested Lands

CHAPTER 352 COUNTY LAND PRESERVATION AND USE COMMISSIONS

UNIFORM RULE 5. Administration of Williamson Act Contracts

Rezoning Staff Report St. Croix County Community Development Committee Gerald & Joan Mellgren Hearing Date: July 16, 2015

Third Draft Zoning Ordinance Board of Supervisors Special Meeting 8-4B Butte County General Plan 2030 Meeting Series #8

COUNTY OF SONOMA PERMIT AND RESOURCE MANAGEMENT DEPARTMENT 2550 Ventura Avenue, Santa Rosa, CA (707) FAX (707)

OPEN-SPACE CONVERSION REQUEST

County of Sonoma Agenda Item Summary Report

METROPOLITAN COUNCIL 390 North Robert Street, St. Paul, MN Phone (651) TDD (651)

Forest Service Role CHAPTER 2

BY BOARD OF COUNTY COMMISSIONERS AN ACT TO BE ENTITLED

Central Lathrop Specific Plan

4.2 LAND USE INTRODUCTION

Community Development Committee

Subtitle H Agricultural Conservation Easement Program

Santa Barbara County Uniform Rules for Agricultural Preserves and Farmland Security Zones

Validation Checklist. Date submitted: How to use this check-list. Ecosystem Credit Accounting System. Version 1.1&2. Project Information

IRS FORM 8283 SUPPLEMENTAL STATEMENT DONATION OF CONSERVATION EASEMENT

Conservation Design Subdivisions

Wildlife Habitat Conservation and Management Program

Torch Lake Township Antrim County, Michigan

Transitioning from the Farmland Preservation Program to the Working Lands Initiative

SANTA BARBARA COUNTY ZONING ADMINISTRATOR STAFF REPORT February 15, 2013

Santa Ynez Valley Community Plan. Planning Commission Solvang Veteran s Memorial Hall May 13, 2009

TRENDS IN QUALIFIED CONSERVATION EASEMENTS. By: Melinda M. Beck, Esq.

About Conservation Easements

OPEN SPACE & RECREATION PLAN

Techniques for Stewardship of Preserved Farms: Three Programs Saving America s Farms and Farmland Conference

Resolution No. The following resolution is now offered and read:

4. facilitate the construction of streets, utilities and public services in a more economical and efficient manner;

Georgia Conservation Tax Credit Program Frequently Asked Questions

PENINSULA TOWNSHIP DONATION of DEVELOPMENT RIGHTS ORDINANCE (DDR, No. 45)

MONTEREY COUNTY RESOURCE MANAGEMENT AGENCY Carl P. Holm, AICP, Director

Rules and Regulations for Enforcement of the Farm, Forest, and Open Space Act

Conservation Easement Stewardship

Lessard Sams Outdoor Heritage Council

South Sacramento Habitat Conservation Plan Nexus Study

Marin County Agricultural Land Conservation Program March 1, 2014

Thurston County Planning Department BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING DRAFT AMENDMENTS TO THE CRITICAL AREAS REGULATIONS. Chapter 24.

LOT LINE ADJUSTMENT APPLICATION GUIDE (BCC , ET SEQ.)

Napa County Planning Commission Board Agenda Letter

Residential Project Convenience Facilities

WILLIAMSON ACT CONTRACTS GUIDELINES

Strategic Growth Council: Identifying Infill Barriers

LAS VARAS RANCH PROJECT

APRIL 30, ILL. ADM. CODE 2580 CH. I, SEC. 2580

FRESNO COG AG AD-HOC COMMITTEE REPORT TTC / PAC FRIDAY, JANUARY 15, 2016

The Farmland Preservation Program in Sussex County

Conservation Design Development Amendment to Zoning Ordinance as adopted by Town Council December 8, 2010

GENERAL PURPOSES OF ZONES

1. Future Land Use FLU6.6.8 Land uses within the Rural Service Area portion of the Wekiva Study Area shall be limited to very low and low intensity

Using Easements to Conserve Biodiversity. Jeff Lerner Defenders of Wildlife

KINGS COUNTY AGRICULTURAL ADVISORY COMMITTEE

Appendix A: Urban Growth Boundary, Measure H

Introduction to INRMP Implementation Options

PROJECT SCORING GUIDANCE. Introduction: National Proiect Selection:

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES

COUNTY OF SAN MATEO PLANNING AND BUILDING DEPARTMENT

Chapter 210 CONDITIONAL USES

FOR OFFICE USE ONLY Date Submitted Received By Fees Paid $ Receipt No. Received By Application No. Application Complete Final Action Date

Kent/MSU Extension Attn: Stacy Byers 775 Ball Ave NE Grand Rapids, MI Tel: (616)

Notice of Continuance Land Classified as Current Use or Forest Land RCW Chapter and 84.33

CONSERVATION EASEMENTS. Public Policy Considerations for PRIVATE Land Management Harriet M. Hageman Hageman & Brighton, P.C.

The Maryland Rural Legacy and CREP Easement Programs

COUNTY OF HUMBOLDT. To: Board of Supervisors. From: Planning and Building Department. Agenda Section: Public Hearing

ORDINANCE NO The Board of Supervisors of the County of San Joaquin ordains as follows:

Yolo Habitat Conservancy County of Yolo City of Davis City of Winters City of West Sacramento City of Woodland University of California, Davis

Comprehensive Plan 2030

ARTICLE XI - CONSERVATION SUBDIVISIONS

General Development Plan Background Report on Agricultural Land Preservation

CONSERVATION EASEMENT INCLUDING MITIGATION

Agricultural Lease Bid Process and Policy Updated September 21, 2017

BUTTE LOCAL AGENCY FORMATION COMMISSION (LAFCO) EXECUTIVE OFFICER S REPORT. LAFCo File City of Chico Extension of Services 1212 Glenwood Avenue

AGRICULTURAL CONSERVATION EASEMENT PROGRAM AGRICULTURAL LAND EASEMENTS

STATE TAX COMMISSION QUALIFIED AGRICULTURAL PROPERTY EXEMPTION GUIDELINES

SUBCHAPTER 59F CONSERVATION RESERVE ENHANCEMENY ENHANCEMENT PROGRAM (CREP) STATE PORTION OF THE PROGRAM

Transcription:

Land Conservation (Williamson) Act Advisory Committee STAFF REPORT September 15, 2014 Prepared by: Claudia Stuart, Williamson Act Program Manager and Nick Hernandez, Planning Intern Subject: Discussion: Williamson Act Contracts for Properties with Conservation Easements Action Requested: Discuss the preliminary information provided by staff and provide feedback, including any additional information the Committee needs for its review and consideration of this issue. SUMMARY The Butte County Assessor s Office has requested that the Land Conservation (Williamson) Act Advisory Committee discuss whether parcels which have entered into perpetual conservation easements with private or governmental organizations should be allowed to enroll in the County s Williamson Act program. The Committee is asked to discuss whether this should be allowed, including what are the benefits to the County (if any) for extending Williamson Act benefits to properties where development is already restricted by conservation easement. At its meeting on June 2, 2014 the Committee responded to the Assessor s Office request by directing staff to provide relevant information for the Committee s consideration, including information about existing easements on Williamson Act lands. Staff requests that the Committee discuss the preliminary information provided below and provide feedback to staff, including any additional information the Committee needs for its review and consideration of this issue. BACKGROUND AND DISCUSSION Staff provides for the Committee s consideration the following discussion of lands which have been placed under permanent protections in Butte County; as well as information about relevant policies and standards for the use, conservation and protection of agricultural lands under the Butte County Williamson Act program and the Butte County General Plan and zoning. Existing Protected Lands in Butte County The Butte County Geographic Information System currently shows approximately 1,450 parcels and 222,000 Butte County acres in the Williamson Act. Limited information is available regarding the location, extent, and characteristics of existing conservation easements in Butte County. The County Assessor s Office has been able to confirm that a minimum of 43 parcels comprising approx. 18,036 acres is under some form of conservation easement. Of these, 18 parcels comprising approx. 5,369 acres are also protected under the Williamson Act. Approximately 336 of these doubly protected acres are in nonrenewal and will exit the Act within 9 years.

Staff conducted visual inspections and GIS analysis of publicly available information to more closely estimate the extent and location of existing conservation easements in the County, using the following sources: Butte County Williamson Act lands (Butte County Geographic Information Systems) Butte Regional Conservation Plan (BRCP) State of California Conservation Easements Registry (www.easements.resources.ca.gov/) As shown in Table 1, the staff analysis identified the following acreages under various types of protections in Butte County. Staff estimates that a total of 106,357 acres, or approximately 10 percent of the County, is protected under some form of easement or other non-williamson Act protection. The extent of overlap between existing conservation easements and the Williamson Act is shown in Table 2. Easement Type (Information Source) Acreage Butte Sink Wildlife Management Area 3,903.7 Sacramento WMA 1,915.0 North Central Valley WMA 5,663.9 Sacramento National Wildlife Refuge 1,917.9 Additional Parcels Identified by Assessor 9,589.9 Existing Protected (per BRCP) 62,626.6 Other Protected (per BRCP) 20,740.6 TOTAL 106,357 Table 1. Acreages with Conservation Easement or Other Protections (estimated) Based on a visual inspection of aerial photos, the largest contiguous areas of conservation easements appear to be wetland habitat and rice-growing areas in the southwest corner of the County, adjacent to the Grey Lodge Wildlife Area; wetland and upland areas east of the Sacramento River in the central-western area of the County; the foothill oak-woodland area east-northeast of the City of Chico; and a pocket of parcels east of SR 70 immediately north of the Butte County line in the Honcut Creek area. Staff further estimates that a minimum of approximately 21,700 acres (20 percent of the area under conservation easements and 10 percent of all Williamson Act lands) are protected under both the Williamson Act and existing conservation easements (Table 2). Due to the limitations on readily available information about existing conservation easements, it is possible that a greater area is actually doubly protected in this way. Areas shown without acreages in Table 2 are assumed to be under state or federal ownership, and are thus not subject to Williamson Act contract. Easement Type (Information Source) Acreage Butte Sink Wildlife Management Area 1,524.7 Sacramento WMA N/A North Central Valley WMA 293.3 Sacramento National Wildlife Refuge N/A Additional Parcels Identified by Assessor N/A Existing Protected (per BRCP) 19,845.7 Other Protected (per BRCP) N/A TOTAL 21,662 Table 2. Lands with Williamson Act Agreement and Conservation Easement (estimated)

Key Existing Policies and Standards for Agricultural Land Agriculture Land Use Designation The Butte County General Plan provides the most fundamental level of local regulatory protection for agricultural lands through its Agriculture land use designation. The Agriculture land use designation allows the cultivation, harvest, storage, processing, sale, and distribution of plant crops, as well as roadside stands for the sale of agricultural products grown or processed on the property. The Agriculture designation also allows livestock grazing, animal husbandry, intense animal uses, and animal matter processing. More intensive agricultural activities such as animal processing, dairies, hog farms, stables, forestry and logging, and mining and oil extraction, are permitted with the approval of a Conditional Use Permit. As discussed below, alternative energy facilities are allowed in the Agriculture designation, subject to permit requirements. Residential uses in the Agriculture land use designation are limited to one single-family dwelling and a second dwelling per legal parcel. Farm labor housing is also permitted. The minimum parcel size is between 20 and 160 acres, although existing parcels smaller than the minimum may remain as legal parcels. Changes to the standards, location, or extent of the Agriculture land use designation must be approved by the Board of Supervisors. Permitting for Solar Energy Facilities on Agricultural Land Alternative energy facilities are allowed in the Agriculture designation, subject to permit requirements. Minor and accessory solar energy systems of up to five acres are allowed in Agricultural zones on all types of agricultural lands. Intermediate and major public utility-scale systems are allowed on grazing lands, subject to Minor or Conditional Use Permit approval and Williamson Act restrictions. General Plan Policies Limiting Other Conversions of Agriculture Lands to Urban Uses It is a goal of the General Plan that Butte County shall protect its agricultural lands from conversion to non-agricultural uses (Goal AG-2). Under General Plan Policy AG-P2.2, the County supports private conservation easements as a tool for agricultural conservation, continued agricultural use, agricultural supportive uses, tax breaks and similar goals. Under Policy AG-P2.3, redesignation and rezoning of land designated as Agriculture to an urban designation shall be allowed only when the applicant can demonstrate specific criteria, including the following: a. The lot(s) for which the conversion are requested is adjacent to uses other than agriculture or agricultural support uses. b. The conversion will not be detrimental to existing agricultural operations. c. The conversion land is adjacent to existing urban infrastructure and conversion will constitute a logical contiguous extension of a designated urban area. d. No feasible alternative exists that is less detrimental to agriculture. Policy AG-P2.4 directs that rezoning of agricultural land to agricultural zones with lower parcel size restrictions shall be minimized and allowed only if specific criteria are met. Section 24-14.F sets forth these requirements, including: 1. The rezoning must comply with Agricultural Buffer requirements. 2. Building envelopes must comply with the Agricultural Buffer. 3. The County Agricultural Commissioner must verify an Agricultural Production and Stewardship Plan for the property. 4. The reduced parcel size must meet the terms of the applicable Williamson Act contract.

The General Plan includes a number of other goals and actions related to conservation easements for habitat, including Policy COS-P7.1: Conservation easements that protect habitat areas, habitat corridors and sensitive biological resources shall be promoted. Future development is also required to be consistent with the Butte Regional Conservation Plan (see below) under General Plan policies COS-P7.4, COS-P7.5 and COS-P7.6. Agricultural Mitigation Ordinance General Plan Action AG-A2.1 directs preparation of an agricultural mitigation ordinance in which developers will be required to permanently protect agricultural land of equal or greater value in place of land that is redesignated from Agriculture to a non-agricultural designation. The ordinance may include the option of paying an in-lieu fee that would contribute to an agricultural resource protection fund that could be used to purchase voluntary conservation easements or complete other projects that would protect and conserve agricultural land. The ordinance would establish mitigation standards that address the valuation and geographic location of agricultural lands. Action AG-A2.2 directs that the County shall encourage municipalities in Butte County to adopt similar agricultural mitigation ordinances. The Board of Supervisors discussed the draft Agricultural Mitigation Ordinance on March 25, 2014 and directed staff to bring it back with further information, including a discussion of changing the use of affected lands designated Agriculture to a habitat use only, as well as options for mitigation ratios (i.e., the amount of ag. land to be placed in an agricultural conservation easement for every acre of agricultural land converted to another use). Staff expects to return to the Board with this discussion in early 2015. California Environmental Quality Act The California Environmental Quality Act (CEQA) provides another layer of consideration prior to the conversion of key agricultural lands. The analysis of environmental impacts under CEQA requires local governments to evaluate the potential impacts of converting Prime Farmland, Unique Farmland, or Farmland of Statewide to non-farming uses. In 2006 the California Department of Conservation Farmland Mapping and Monitoring Program (FMMP) estimated that there were over 649,000 acres of Prime Farmland, Farmland of Statewide Significance and Unique Farmland in Butte County. The conversion of Prime agricultural land to a non-agricultural use, or impairment of agricultural productivity on Prime agricultural land, is normally considered a significant impact under CEQA and would require preparation of an Environmental Impact Report (EIR). Treatment of Conservation Easements under the Williamson Act Section 51256 allows rescission of Williamson Act contracts in order to simultaneously place other land within the county under an agricultural conservation easement (i.e., easement exchanges), as long as the land to be placed under easement is equal in size or larger than the land under the rescinded contract, is of equal or better quality for agricultural production, and subject to other findings and conditions. State statute also provides for rescission of Williamson Act contracts in order to enter openspace easements that are consistent with the Act. Under Section 51255, the easement must restrict the same property for a term not less than 10 years.

Under Rule 4.E (Procedure Regarding Existing Conservation Easements) of the County s Williamson Act Policy, Procedures and Rules Declaration, as instances of existing habitat conservation easements on Williamson Act land come to the attention of the County, the County will consult with the California Department of Fish and Wildlife in determining if the land in question could be determined to meet the Williamson Act definition of a wildlife habitat area. The Butte County Williamson Act Advisory Committee s agenda for future meetings includes planned discussions of two properties (Circle 6 Ranch and Little Dry Creek Ranch) where habitat conservation easements have come to the County s attention. Other Habitat Conservation/Preservation Planning Butte Regional Conservation Plan Butte County is coordinating with the Butte County Association of Governments to finalize and implement the Butte Regional Conservation Plan (BRCP). The BRCP is intended to achieve regional land conservation and protection of species and habitat through future actions such as land acquisition and conservation easements. For example, the Plan includes the objective for vernal pools and seasonal wetland areas of protecting these by acquisition and/or conservation easements at a ratio of three protected acres per acre of vernal pool permanently removed. REQUEST Staff requests that the Committee discuss the preliminary information provided above and provide feedback to staff, including any additional information the Committee needs for its review and consideration of this issue. Should you have questions or need additional information for the meeting, please do not hesitate to contact me at cstuart@buttecounty.net or 530-538-7604.