Butte County Department of Development Services

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 December 13, 2011 Butte County Board of Supervisors 25 County Center Drive Oroville, CA 95965 SUMMARY The Board of Supervisors is asked to approve enrollment of the property identified in LCA10-0007 (Bianchi) and LCA11-0009 (Grzanich) in the Butte County Land Conservation (Williamson) Act program. BACKGROUND The subject lands are identified in Table 1: Table 1. Description of Lands per Applications Applicant Name Bianchi Grzanich LCA File. # LCA10-0007 038-200-007, -008; 038-210-007, -009, -034; 038-220-011; 038-250- 004, -032 LCA11-0009 APN Acres Contract Type / Required Minimum Parcel Size General Plan / Zone Special Planning Area(s) 2,032 Rice / 80 AG / A-40 Durham Dayton Nelson Plan Area 039-230-118 23 Orchard / 20 AG / A-20 Durham Dayton Nelson Plan Area TOTAL 2,046 It should be noted that the eight assessor s parcels in the Bianchi application (LCA10-0007) comprise six legal parcels, each of which meets minimum parcel size requirements in the Butte County Williamson Act Uniform Rules, as shown in Table 2 and Attachment A.1. It may further be noted that the actual parcel sizes for Bianchi, as shown in Table 2, vary from the original estimates in the application (Table 1 and Attachment A), which were based on assessor s parcels as depicted in the County Geographic Information System (GIS). The total area of the Bianchi and Grzanich inclusion applications is 2,046 acres. Butte County Department of Development Services Board of Supervisors Agenda Report 2011 LCA Inclusions December 13, 2011 3

Table 2. Bianchi Actual Parcel Acreages Parcel Acres I 878.5 II 210.0 III 209.3 IV 203.6 V 310.3 VI 211.3 TOTAL 2,023 On October 14, 2011 the Butte County Land Conservation (Williamson) Act Advisory Committee unanimously recommended to the Board of Supervisors approval of LCA10-0007 (Bianchi), subject to the applicant s submittal of completed Affidavits of Agricultural Worker Housing. (See Williamson Act Committee agenda report and supplemental memo in Attachments A and B.) The applicant has since submitted the completed Affidavits as required. On November 7, 2011 the Committee unanimously recommended to the Board of Supervisors approval of LCA11-0009 (Grzanich). (See agenda report in Attachment C.) Lands Within Special Planning Areas The lands in both inclusion applications lie within the Durham Dayton Nelson Plan area. Under Rule 5.A.4.h of the County s Williamson Act Uniform Rules: When considering inclusion of lands within urban spheres of influence, lands within specific plan areas and lands within special planning areas, the LCA Committee and the Board of Supervisors shall consider whether such lands are subject to specific plans, special plans and/or joint planning memorandums of understanding and similar policies. Plan Objective D2N-04.2 directs that the County will Support the continued viability of agricultural production as the major source of income, employment and economic viability of the Planning Area. Policy D2N-P6.6 directs Protect agricultural lands which currently produce, or have the potential to produce, from encroaching urban uses. Policy D2N-P8.7 directs Encourage and maintain agriculture as the predominant land use in the Planning Area. Enrollment of the subject parcels in the County s Williamson Act program will support continued agricultural production, employment, and income in the Plan area, and is thus consistent with the Durham Dayton Nelson Plan. Based on this analysis, staff and the Williamson Act Advisory Committee recommend both inclusion applications to the Board of Supervisors as consistent with the Durham Dayton Nelson Plan. CEQA Review The making of California Land Conservation (Williamson) Act contracts is exempt from review under the California Environmental Quality Act per Categorical Exemption 15317: 15317. Open Space Contracts or Easements Class 17 consists of the establishment of agricultural preserves, the making and renewing of open space contracts under the Williamson Act, or the acceptance of easements or fee interests in order to maintain the open space character of the area. The cancellation of such preserves, contracts, interests, or easements is not included and will normally be an action subject to the CEQA process. 4 Butte County Department of Development Services Board of Supervisors Agenda Report 2011 LCA Inclusions December 13, 2011

FISCAL IMPACT The anticipated annual cost of these two inclusion contracts to the General Fund is $5,342 ($5,092 for Bianchi; $250 for Grzanich). This projection is based on 2011-2012 assessments, and on approximate taxes not including special district or direct charges. REQUESTED ACTION Approve the new Williamson Act contracts for Bianchi (LCA10-0007) and Grzanich (LCA11-0009); and authorize the Chair to sign. For further information, or with any questions, please do not hesitate to contact Claudia Stuart, Principal Planner at 530-538-7604 or cstuart@buttecounty.net. Sincerely, Tim Snellings, Director Attachments A. LCA10-0007 Bianchi October 14, 2011 Staff Report to the Williamson Act Advisory Committee B. LCA10-0007 Bianchi October 14, 2011 Supplemental Memo to the Williamson Act Advisory Committee C. LCA11-0009 Grzanich November 7, 2011 Staff Report to the Williamson Act Advisory Committee D. Land Conservation Agreement between John and Janice Bianchi and the County of Butte E. Land Conservation Agreement between Cathleen, Danny and John Grzanich sna the County of Butte Butte County Department of Development Services Board of Supervisors Agenda Report 2011 LCA Inclusions December 13, 2011 5

Williamson Act Advisory Committee AGENDA REPORT October 14, 2011 DATE: October 14, 2011 TO: FROM: Honorable Members of the Williamson Act Advisory Committee Claudia Stuart Principal Planner Application: Bianchi LCA10-0007 ACTION REQUESTED: Review and make recommendations to the Board of Supervisors regarding an application for enrollment of approx. 1,889 acres in the Butte County Williamson Act program. LOCATION: Located adjacent to and northeast of the community of Nelson, extending east along Nelson Road. LAND OWNERS: John and Janice Bianchi GENERAL PLAN: Agriculture ZONING: AG-40 SUPERVISORIAL DISTRICT: 4 SUMMARY John and Janice Bianchi have submitted an application (Attachment 1) for inclusion of an approx. 1,889-acre property (see table and map below) in the Butte County Williamson Act program. The property is currently in use for rice production, and would be enrolled in a contract for irrigated rice use. All assessor s parcels proposed for inclusion under this application meet the minimum 80-acre parcel size required for a rice contract under Table One of the Butte County Williamson Act Rules, as well as minimum parcel sizes required by the applicable zoning; or are portions of larger legal parcels (shown as Parcels I - VI in Attachment 1) which meet these requirements. 6 Butte County Department of Development Services Williamson Act Advisory Committee Report LCA10-0007 Bianchi October 14, 2011 1

Table 1. Parcels Proposed for Inclusion APN Acreage* General Plan / Zoning Structures APN Only 038-200-007 492.81 AG / AG-40 038-200-008 448.31 AG / AG-40 038-210-007 120.47 AG / AG-40 038-210-009 170.14 AG / AG-40 038-210-034 204.66 AG / AG-40 038-220-011 27.62 AG / AG-40 1. Main House (residence) 2. Duplex (residence) 3. Studio (residence) 4. Barn 5. Farm Equipment Repair Shop 6. Farm Equipment Covered Storage 7. Farming Office 8. Pump House 9. Equipment Garage 10. Equipment Garage 11. Propane Tank 12. Covered Storage 13. 2 Rice Storage Bins (silos) 14. 3 Rings of Rice Dryers (9 silos each) 15. Covered Storage Area/Dump Pit 038-250-004 80.32 AG / AG-40 038-250-032 345.16 AG / AG-40 Airplane Hangar (agricultural use) TOTAL 1,889.49 *Per Butte County GIS system. An airplane hangar is located on APN 036-250-032. The farm headquarters, consisting of 15 structures, is located on a single pad of approx. 8.5 acres on APN 038-220-011. With the exception of four small parcels to the south and southeastern portions of the property, all adjacent parcels are under Williamson Act contracts, as shown below. Butte County Department of Development Services Williamson Act Advisory Committee Report LCA10-0007 Bianchi October 14, 2011 2 7

Figure 1. Area Map Property proposed for inclusion: light blue outline Areas currently under Williamson Act contract: green stipple ANALYSIS Properties to be enrolled in the Butte County Williamson Act program must be located in an agricultural preserve, be designated and zoned for agriculture, be in use for commercial agriculture or compatible use, and must meet minimum parcel size requirements. With the exception of Parcel III (including APN 038-220-011), the parcels proposed for enrollment meet these requirements. 8 Butte County Department of Development Services Williamson Act Advisory Committee Report LCA10-0007 Bianchi October 14, 2011 3

APN 038-210-034 is located in Agricultural Preserve 3. The other parcels in the application are located in Agricultural Preserve 2. As outlined above, all parcels are appropriately designated and zoned. As shown in Attachment 1, all legal parcels meet minimum parcel size requirements under Rule 5 of the County s Williamson Act program. Under Rules 2 and 3 of the County s Williamson Act program, compatible uses may be allowed on Williamson Act lands. Under Rule 3.A, the Board of Supervisors has determined that customary agricultural buildings, structures, and necessary equipment for the maintenance and support of agriculture are compatible uses. Under Rule 3.B, the Board has further determined that warehousing and storage of agricultural products, facilities to process the agricultural commodities, and private aircraft facilities which are directly supportive of agricultural activities on Williamson Act contracted land (for example, crop seeding, dusting and fertilizing) are compatible accessory uses. The farm headquarters on APN 038-220-011 also includes three residential structures. County records indicate unresolved questions regarding the permitting of one of the residential structures. Until these questions are resolved, the County will be unable to accept a standard Affidavit for Agricultural Worker Housing from the property owner, which is required under the County s existing Williamson Act program. Staff has informed the applicant of this issue, and referred the issue to the Building Division. Until permitting corrections are completed, however, staff recommends that Parcel III (as shown in Attachment 1), which includes APN 038-220-011, be excluded from the County s Williamson Act program. Under Rule 5.A.4 of the County s program, parcels to be enrolled in a single contract must be contiguous. Staff will therefore prepare separate contracts for APN 038-210-034 and the remaining parcels (Attachment 2 draft contract). Staff further notes that Section IX of the County s standard format for new contracts has been slightly modified for 2012 contracts, to preclude separate sale of assessor s parcels within contracted properties, where the assessor s parcels do not coincide with property boundaries. Under Rule 5.A.4.h of the County s Williamson Act Rules, When considering inclusion of lands within urban spheres of influence, lands within specific plan areas and lands within special planning areas, the LCA Committee and the Board of Supervisors shall consider whether such lands are subject to specific plans, special plans and/or joint planning memorandums of understanding and similar policies. The subject property is in the Durham Dayton Nelson Plan area. The Plan s policies emphasize the preservation and enhancement of cultural and natural resources, and the safety of the area s residents. Plan Objective D2N-04.2 directs that the County will Support the continued viability of agricultural production as the major source of income, employment and economic viability of the Planning Area. Policy D2N-P6.6 directs Protect agricultural lands which currently produce, or have the potential to produce, from encroaching urban uses. Policy D2N-P8.7 directs Encourage and maintain agriculture as the predominant land use in the Planning Area. Enrollment of the subject parcels in the County s Williamson Act program will support continued agricultural Butte County Department of Development Services Williamson Act Advisory Committee Report LCA10-0007 Bianchi October 14, 2011 4 9

production, employment, and income in the Plan area. With the exception of Parcel III as noted above, the application is consistent with the Durham Dayton Nelson Plan. RECOMMENDATION Staff recommends that the Williamson Act Advisory Committee recommend to the Board of Supervisors inclusion of the subject parcels in the Butte County Williamson Act program, with the exception of Parcel III (including APN 038-220-011), subject to approval of the final property legal description by staff and payment of any outstanding fees. Please do not hesitate to contact me at cstuart@buttecounty.net, or (530) 538-7604 with any questions, or for further information. ATTACHMENTS 1. Application, including exhibit showing property lines vs. assessor s parcels 2. Draft Contract 10 Butte County Department of Development Services Williamson Act Advisory Committee Report LCA10-0007 Bianchi October 14, 2011 5

«99 Project Location Midway «99 «149 Nelson Rd Nelson Ave Richvale Hwy «162 LCA10-0007 APNs 038-200-007, -008; 038-210-007, -009, -034; 038-220-011; 038-250-004, -032 John and Janice Bianchi 11

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 MEMORANDUM TO: FROM: SUBJECT: Land Conservation (Williamson) Act Committee Claudia Stuart, Principal Planner Agenda Item V.A Bianchi (LCA10-0007) - Modified Staff Recommendation DATE: October 14, 2011 John and Janice Bianchi have submitted an application for inclusion of an approx. 1,889-acre property in the Butte County Williamson Act program. The property is currently in use for rice production, and would be enrolled in a contract for irrigated rice use. The staff report for this item indicates that unresolved questions existed regarding the permitting of one of the residential structures on APN 038-220-011. These questions barred the County from completing its standard verification that all secondary housing on the property would be used for agricultural workers, as required under Butte County s Williamson Act program. All other requirements for Williamson Act inclusion are met by the subject property. Since the staff report was prepared, the applicant has worked with the Department of Development Services to resolve all outstanding questions pertaining to the structural permitting on this property. Staff has therefore modified the recommendation as follows: MODIFIED RECOMMENDATION Staff recommends that the Williamson Act Advisory Committee recommend to the Board of Supervisors inclusion of the subject property in the Butte County Williamson Act program, subject to the applicant s submittal of completed Affidavits for Agricultural Worker Housing, approval of the final property legal description by staff, and payment of any outstanding fees. 12

Williamson Act Advisory Committee AGENDA REPORT November 7, 2011 DATE: November 7, 2011 TO: FROM: Honorable Members of the Williamson Act Advisory Committee Claudia Stuart Principal Planner Application: Grzanich LCA11-0009 ACTION REQUESTED: Review and make recommendations to the Board of Supervisors regarding an application for enrollment of approx. 23 acres in the Butte County Williamson Act program. LOCATION: Approx. 1/3 mile west of the Midway approx. 1/2 mile north of the community of Durham LAND OWNERS: Cathleen, Danny and John Grzanich GENERAL PLAN: Agriculture ZONING: AG-20 SUPERVISORIAL DISTRICT: 4 SUMMARY Cathleen, Danny and John Grzanich have submitted an application (Attachment 1) for inclusion of APN 039-230-118, a 23.15-acre property, in the Butte County Williamson Act program. The property is currently in use for walnut production, and would be enrolled in a contract for orchard use. The subject parcel meets the minimum 20-acre parcel size required for an orchard contract under Table One of the Butte County Williamson Act Rules, as well the minimum parcel size required by the applicable zoning. No structures are located on the property. The immediate area includes several parcels enrolled in the Williamson Act, as shown in Figures 1 and 2. Butte County Department of Development Services Williamson Act Advisory Committee Report LCA11-0009 Grzanich November 7, 2011 1 13

Figure 1. Area Map Areas currently under Williamson Act contract: green stipple Figure 2. Aerial 14 Butte County Department of Development Services Williamson Act Advisory Committee Report LCA11-0009 Grzanich November 7, 2011 2

ANALYSIS Properties to be enrolled in the Butte County Williamson Act program must be located in an agricultural preserve, be designated and zoned for agriculture, be in use for commercial agriculture or compatible use, and must meet minimum parcel size requirements. The subject parcel meets these requirements. The property is located in Agricultural Preserve 2. As outlined above, the parcel is appropriately designated and zoned. Butte County Williamson Act Uniform Rules Table One requires a 20-acre minimum parcel size for orchard use. The subject parcel meets this requirement. The parcel is currently in use for walnut production. No structures are located on the property. The subject property is in the Durham Dayton Nelson Plan area. Under Rule 5.A.4.h of the County s Williamson Act Rules, When considering inclusion of lands within urban spheres of influence, lands within specific plan areas and lands within special planning areas, the LCA Committee and the Board of Supervisors shall consider whether such lands are subject to specific plans, special plans and/or joint planning memorandums of understanding and similar policies. The Plan s policies emphasize the preservation and enhancement of cultural and natural resources, and the safety of the area s residents. Plan Objective D2N-04.2 directs that the County will Support the continued viability of agricultural production as the major source of income, employment and economic viability of the Planning Area. Policy D2N- P6.6 directs Protect agricultural lands which currently produce, or have the potential to produce, from encroaching urban uses. Policy D2N-P8.7 directs Encourage and maintain agriculture as the predominant land use in the Planning Area. Enrollment of the subject parcels in the County s Williamson Act program will support continued agricultural production, employment, and income in the Plan area. Enrollment of the subject parcel in the Williamson Act will support its continued use for commercial agriculture, and is thus consistent with the Durham Dayton Nelson Plan. RECOMMENDATION Based on the above analysis, staff recommends that the Williamson Act Advisory Committee recommend to the Board of Supervisors inclusion of the subject parcel in the Butte County Williamson Act program, subject to approval of the final property legal description by staff and payment of any outstanding fees. Please do not hesitate to contact me at cstuart@buttecounty.net, or (530) 538-7604 with any questions, or for further information. ATTACHMENTS 1. Application Butte County Department of Development Services Williamson Act Advisory Committee Report LCA11-0009 Grzanich November 7, 2011 3 15

Glenwood Ave Aguas Frias Rd Bruce Rd W Sacramento Ave Main St Pine St E 20th St Park Ave E Park Ave Skyway Project Location Dayton Rd «99 Neal Rd Ord Ferry Rd Durham-Dayton Hwy Midway LCA11-0009 APN 039-230-118 Cathleen, Danny and John Grzanich 16

Recording Requested by: And When Recorded Mailed to: Clerk of the Board 25 County Center Drive Oroville, CA 95965 LAND CONSERVATION AGREEMENT THIS AGREEMENT is made and entered into this 13 th day of December, 2011, by and between John and Janice Bianchi hereinafter referred to as "OWNER", and the County of Butte, a political subdivision of the State of California, hereinafter referred to as "COUNTY". W I T N E S S E T H WHEREAS, OWNER possesses certain real property situated within COUNTY; and WHEREAS, said property is devoted to agricultural and compatible uses allowed under the California Land Conservation Act (aka Williamson Act) of 1965, and is located within Agricultural Preserves No.2 and 3 heretofore established by COUNTY; and WHEREAS, both OWNER and COUNTY desire to limit the use of said property to agricultural and compatible uses in order to preserve a maximum amount of agricultural land, to conserve the State's economic resources, to maintain the agricultural economy, to assure a food supply for future residents, to discourage premature and unnecessary conversion of agricultural land to urban uses, and to recognize that, by preserving its natural characteristics, beauty, or essential habitat for wildlife, such land has public value as open space and constitutes an important physical, social, aesthetic, and economic asset to COUNTY; and 1 17

WHEREAS, the placement of said property in an Agricultural Preserve and the execution and approval of this AGREEMENT is a determination that the highest and best use of said property during the term of this AGREEMENT or any renewal thereof is for agricultural and compatible uses; and WHEREAS, OWNER has supplied COUNTY with a title company lot book guarantee or preliminary title report listing all trust deed beneficiaries and mortgagees, if any, under prior recorded deeds of trust and mortgages on the subject property; and WHEREAS, both OWNER and COUNTY intend that the terms, conditions and restrictions of this AGREEMENT are substantially similar to the terms, conditions, and restrictions of agreements authorized by the California Land Conservation Act of 1965 so as to be an enforceable restriction on the property described herein under the provisions of California Revenue and Taxation Code Section 422. NOW, THEREFORE, both OWNER and COUNTY in consideration of the mutual promises, covenants, and conditions herein contained and the substantial public benefits to be derived therefrom, do hereby agree as follows: I: This AGREEMENT is made and entered into pursuant to the California Land Conservation Act of 1965 as amended (Chapter 7 of Part 1 of Division 1 of Title 5 of the Government Code of California commencing with Section 51200) including any amendments thereto which may be enacted from time to time, which are incorporated by reference herein as though set forth in full, including Article 3 of said Act entitled "Contracts". This AGREEMENT is further made and entered into pursuant to Revenue and Taxation Code Section 422, including any amendments thereto which may be enacted from time to time, which are incorporated by reference herein as though set forth in full. 18 2

II: During the term of this AGREEMENT, or any renewal thereof, the said property shall not be used for any purpose other than agricultural uses for producing agricultural commodities and for uses compatible with such purposes as set forth in Rule 3 of Resolution No. 07-021 and incorporated herein by reference. III: The provisions of this AGREEMENT are not intended to limit or supersede the planning and zoning powers of COUNTY. IV: In the event all or a part of the land subject to this AGREEMENT is taken in an action in eminent domain or is acquired in lieu of eminent domain for a public improvement, this AGREEMENT shall be null and void for the land or interest in the land actually taken, but shall remain in full force and effect as to the remainder of the land or interest in the land not so taken or acquired. The date an action in eminent domain is filed shall be the date this AGREEMENT is deemed null and void as to any land or interest in land subject to the AGREEMENT which is taken by eminent domain. V: This AGREEMENT shall be effective as of the day and year first above written and shall remain in effect for a period of ten (10) years therefrom. This AGREEMENT shall be automatically renewed on the first day of January of each year thereafter for a period of ten (10) years from the date of said renewal, unless notice of non-renewal is given as provided in Section 51245 of the Government Code of California. Under no circumstances shall a notice of renewal be required of either party to effectuate the automatic renewal option of this paragraph. VI: OWNER understands that he/she is not entitled to any public funds by reason of the execution of this AGREEMENT or any renewal thereof although the use of said property is limited as aforesaid. 3 19

VII: This AGREEMENT may only be canceled, upon petition by OWNER, if the Board of Supervisors of County, under the provisions of Government Code Section 51282, finds: (a) that cancellation is consistent with the purposes of the California Land Conservation Act of 1965; or (b) that cancellation is in the public interest. Upon cancellation, OWNER shall pay to COUNTY a cancellation fee determined by the Butte County Assessor and certified to the Board of Supervisors of County in accordance with the provisions of Government Code Section 51283 and Board of Supervisors Resolution No. 07-021. Said cancellation fee may not be waived except as provided in Government Code Section 51283. The amount of the fee shall be an amount equal to 25% of the cancellation valuation of the property (as provided in Section 51283 of the Government Code of California). One-half of the fee shall be payable to the State of California pursuant to Government Code Section 51283, and one-half shall be payable to the County of Butte as authorized by Government Code Section 51240. VIII: OWNER agrees, during the term of this AGREEMENT, to provide COUNTY, upon written request, with information relative to the income and expenses derived from and incurred in connection with the use of the land subject to the AGREEMENT for agricultural and compatible uses. IX: (a) OWNER agrees that he/she or his/her successors and assigns shall not divide by sale, lease, gift, or financing, the property which is the subject of this AGREEMENT into a parcel or parcels having less than 80 acres each, or into a division based solely on an assessor s parcel. However, if the division is for purposes of transfer to immediate family members, then the property may be divided into a legal parcel or parcels having no less than 10 acres in the case of prime agricultural land or at least 40 acres in the case of non-prime land (as provided in Sections 51222 and 51230.1(a)(1) of the Government Code of California), provided 20 4

that a Joint Management Plan pursuant to Government Code Section 51230.1 is executed. Any such division must also comply with the Butte County General Plan, Butte County Code Chapter 24, Zoning, Butte County Code Chapter 20, Subdivisions, and with the California Subdivision Map Act. (b) A land division may occur at less than the minimum sizes specified in subsection (a) above if it is pursuant to a use permit for parcel segregation for agricultural processing (per Butte County Code Section 24-290), and the remaining contracted lands conform to the above minimum sizes. The division must also be consistent with Butte County Code Chapter 20 and the Subdivision Map Act, and the minimum lot size of the base zoning district must be maintained. (c) Partial non-renewal of this AGREEMENT is subject to the following requirements: the portion of the property subject to the non-renewal and the portion of the property not subject to the non-renewal must each have not less than 80 acres (consistent with Clause IX (a)). X: This AGREEMENT shall run with the land described herein and shall be binding upon the heirs, successors, and assigns of OWNER and COUNTY. XI: This AGREEMENT shall be rescinded without payments or public hearing if it is simultaneously replaced by any other enforceable restriction authorized by Section 8 of Article XIII of the California Constitution, including, but not limited to, an open-space easement AGREEMENT pursuant to Government Code Section 51255. XII: The property of OWNER hereinabove referred to and to which the provisions of the AGREEMENT apply is situated in the County of Butte, State of California and is particularly described in Exhibit A attached hereto. 5 21

XIII: OWNER understands and acknowledges that this AGREEMENT provides for a biennial review for compliance with the terms and conditions of a land conservation contract (pursuant to Resolution 07-021, Rule 8.B.4). Such review may be implemented at the discretion of the Butte County Director of Development Services, as indicated by the needs of the program. Such review would be implemented when general monitoring indicates potential non-compliance. This process may include the requirement for submittal of a report from the contracted property owners to the Department of Development Services. The form supplied by the Department of Development Services may include information that demonstrates compliance with compatible land uses and any resource management plan approved by the Board of Supervisors. Failure to comply with a biennial compliance review survey may be considered a breach of contract and the County may file a notice of nonrenewal of the AGREEMENT or seek other remedies as authorized by law. XIV: If OWNER breaches the terms of this AGREEMENT in any manner, the Board of Supervisors may elect, in the Board s sole discretion, to pursue the remedies set forth in Government Code Section 51251. In addition, in any matter to which Section 51250 applies, the Board may take the specified actions allowed by law. Breach of this AGREEMENT may include but is not limited to construction or installation of structures after January 1, 2004, exceeding 2,500 square feet that are not permitted under the Williamson Act or the AGREEMENT, local uniform rules or ordinances and may be subject to penalties of 25% of the value of the affected land and 25% of the value of any improvements. 22 6

IN WITNESS WHEREOF, the OWNER and COUNTY have executed this AGREEMENT the day and year above written. COUNTY OF BUTTE ATTEST: PAUL HAHN, Chief Administrative Officer and Clerk of the Board By STEVE LAMBERT, Chair Butte County Board of Supervisors By OWNERS(S) Date of Execution Date of Execution 7 23

EXHIBIT "A" LEGAL DESCRIPTION The property of the OWNER hereinabove referred to and to which the provisions of the AGREEMENT apply is situated in the County of Butte, State of California and is particularly described as follows: 24 8

9 25

26 10

11 27

Recording Requested by: And When Recorded Mailed to: Clerk of the Board 25 County Center Drive Oroville, CA 95965 LAND CONSERVATION AGREEMENT THIS AGREEMENT is made and entered into this 13 th day of December, 2011, by and between Cathleen, Danny and John Grzanich hereinafter referred to as "OWNER", and the County of Butte, a political subdivision of the State of California, hereinafter referred to as "COUNTY". W I T N E S S E T H WHEREAS, OWNER possesses certain real property situated within COUNTY; and WHEREAS, said property is devoted to agricultural and compatible uses allowed under the California Land Conservation Act (aka Williamson Act) of 1965, and is located within Agricultural Preserve No.2 heretofore established by COUNTY; and WHEREAS, both OWNER and COUNTY desire to limit the use of said property to agricultural and compatible uses in order to preserve a maximum amount of agricultural land, to conserve the State's economic resources, to maintain the agricultural economy, to assure a food supply for future residents, to discourage premature and unnecessary conversion of agricultural land to urban uses, and to recognize that, by preserving its natural characteristics, beauty, or essential habitat for wildlife, such land has public value as open space and constitutes an important physical, social, aesthetic, and economic asset to COUNTY; and 28 1

VII: This AGREEMENT may only be canceled, upon petition by OWNER, if the Board of Supervisors of County, under the provisions of Government Code Section 51282, finds: (a) that cancellation is consistent with the purposes of the California Land Conservation Act of 1965; or (b) that cancellation is in the public interest. Upon cancellation, OWNER shall pay to COUNTY a cancellation fee determined by the Butte County Assessor and certified to the Board of Supervisors of County in accordance with the provisions of Government Code Section 51283 and Board of Supervisors Resolution No. 07-021. Said cancellation fee may not be waived except as provided in Government Code Section 51283. The amount of the fee shall be an amount equal to 25% of the cancellation valuation of the property (as provided in Section 51283 of the Government Code of California). One-half of the fee shall be payable to the State of California pursuant to Government Code Section 51283, and one-half shall be payable to the County of Butte as authorized by Government Code Section 51240. VIII: OWNER agrees, during the term of this AGREEMENT, to provide COUNTY, upon written request, with information relative to the income and expenses derived from and incurred in connection with the use of the land subject to the AGREEMENT for agricultural and compatible uses. IX: (a) OWNER agrees that he/she or his/her successors and assigns shall not divide by sale, lease, gift, or financing, the property which is the subject of this AGREEMENT into a parcel or parcels having less than 20 acres each, or into a division based solely on an assessor s parcel. However, if the division is for purposes of transfer to immediate family members, then the property may be divided into a legal parcel or parcels having no less than 10 acres in the case of prime agricultural land or at least 40 acres in the case of non-prime land (as provided in Sections 51222 and 51230.1(a)(1) of the Government Code of California), provided 4 31

that a Joint Management Plan pursuant to Government Code Section 51230.1 is executed. Any such division must also comply with the Butte County General Plan, Butte County Code Chapter 24, Zoning, Butte County Code Chapter 20, Subdivisions, and with the California Subdivision Map Act. (b) A land division may occur at less than the minimum sizes specified in subsection (a) above if it is pursuant to a use permit for parcel segregation for agricultural processing (per Butte County Code Section 24-290), and the remaining contracted lands conform to the above minimum sizes. The division must also be consistent with Butte County Code Chapter 20 and the Subdivision Map Act, and the minimum lot size of the base zoning district must be maintained. (c) Partial non-renewal of this AGREEMENT is subject to the following requirements: the portion of the property subject to the non-renewal and the portion of the property not subject to the non-renewal must each have not less than 20 acres (consistent with Clause IX (a)). X: This AGREEMENT shall run with the land described herein and shall be binding upon the heirs, successors, and assigns of OWNER and COUNTY. XI: This AGREEMENT shall be rescinded without payments or public hearing if it is simultaneously replaced by any other enforceable restriction authorized by Section 8 of Article XIII of the California Constitution, including, but not limited to, an open-space easement AGREEMENT pursuant to Government Code Section 51255. XII: The property of OWNER hereinabove referred to and to which the provisions of the AGREEMENT apply is situated in the County of Butte, State of California and is particularly described in Exhibit A attached hereto. 32 5