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Appendix to Land Use Current Conditions paper

Contents 1 Sutter County Current Agricultural Policy Inventory 1.1 A. Urban and Rural Development Policies 1.2 B. Affordable Housing Requirements 1.3 C. Jobs-housing ratio standards 1.4 D. AG tourism or Economic Development 1.5 E. Right to Farm Ordinance 1.6 F. Open Space/Conservation Policies in GP 1.7 G. Active Ag General Plan Element and/or Easement Programs 1.8 I. Flood Protection Policies 1.9 J. Williamson Act 1.10 K. Transfer of rights disclosure 2 Sutter County Zoning

Sutter County Current Agricultural Policy Inventory

The following text has been extracted from the 1996 Sutter County General Plan. It is not an exhaustive list of policies and is not intended to represent the full General Plan document. The purpose of this document is to highlight the policies used to inform the Land Use Current Conditions Inventory paper.

A. Urban and Rural Development Policies

Ranchette zoning district allows minimum lot size of 3 acres in AG20 and AG80 General Plan land use areas, no Ranchette lot may be subdivided further. Ranchette zoning only allowed outside of spheres of influence. County has Ranchette evaluation criteria for determining appropriateness of Ranchette development (subdivision) in a given area.

1.A-1 Land use planning within the Yuba City and Live Oak spheres of influence will be conducted by each respective city. Plans which affect unincorporated lands shall be prepared in cooperation with Sutter County and shall be subject to County approval.

1.B-1 The County shall encourage development in the cities of Yuba City and Live Oak and annexation of existing County islands within the cities.

1.B-2 In the Yuba City area, the sphere of influence adopted as of April 25, 1990 shall serve as the boundary for urban development, particularly residential urban development.

1.B-3 In the Live Oak area, the sphere of influence adopted as of November 28, 1984 shall serve as the boundary for urban development, particularly residential urban development.

1.B-4 The County shall not support expansion of the Yuba City sphere of influence to the north and south, except to facilitate the provision of services to school sites located contiguous to the current sphere boundary, to facilitate the provision of services to the Village Green and Dell-Wayne Estates mobile home parks, and to incorporate the proposed right-of-way alignment for the third bridge just south of Bogue Road. Development should be directed to the west, away from the Feather River and the prime agricultural lands that run parallel to it.

1.B-5 The County will discourage the modification or expansion of Yuba City\’s and Live Oak\’s current spheres of influence until substantial build out (e.g. 75%) has occurred within the existing spheres as adopted by LAFCO on April 25, 1990 and November 28, 1984, respectively.

1.C-1 The County shall direct new urban and suburban residential development to existing rural communities and within the spheres of influence of Yuba City and Live Oak where adequate public facilities and services are available.

1.C-2 The County shall limit new Estate Residential (1/3 – 2 acres) development to rural communities and unincorporated areas within the Yuba City sphere of influence.

1.C-3 The County shall consider Ranchette development outside of the Yuba City and Live Oak sphere\’s of influence if such development complies with established standards and criteria, subject to the approval of a rezone.

B. Affordable Housing Requirements

Housing Element The principal groups with special housing needs in Sutter County include the elderly, persons with disabilities, female single-parent households, large family households, farm workers, homeless, and those households needing emergency shelter.

For farm worker housing in the unincorporated County beyond the cities\’ spheres-of-influence, one important distinction to be made between farm worker and other types of special-needs housing is that farm workers may find housing in any agricultural or residential zoning district, with extensive potential housing in the General Agriculture (AG) Districts that comprise over 90 percent of the unincorporated County. Pursuant to Section 17021.6 of the California Health and Safety Code, the County does not require conditional use permits, zoning variances or zoning clearances for agricultural-employee housing projects serving twelve or fewer people that are not required of any other agricultural activity in the same zone (See Policy 2.15 & Implementation 2.15.1). The County Zoning Code allows primary and secondary mobile homes for agricultural employees by use permit or zoning clearance, and allows farm labor housing projects and farm labor camps as a permitted use if the project or camp houses 12 or fewer persons and is licensed to operate by the State of California. The County does not have a formal method for determining the number of mobile homes in the AG District occupied by farm workers. Use permits may be applied for secondary mobile homes on agricultural property that do not comply with general plan density for agricultural caretaker units or for a family member in need of living assistance.

GP Policies 6.A-3 The County shall encourage agricultural land owners to provide farm labor housing for persons employed in agriculture.

C. Jobs-housing ratio standards

No specific standards or policies.

D. AG tourism or Economic Development

GP Policies 6.B-1 The County shall support the development of agricultural production, processing and distribution industries within Sutter County.

6.B-2 The County shall encourage local processing of agricultural products grown in Sutter County and other locations.

6.B-3 The County shall encourage the continued operation and expansion of existing agricultural industries. 6.B-4 Efforts to expand foreign markets for the export of local agricultural products shall be encouraged.

6.B-5 The County shall encourage the Yuba-Sutter Economic Development Corporation and the Chamber of Commerce to promote and market Sutter County as a profitable location for agricultural businesses and processors.

6.B-6 Promotional activities that support the agricultural industry, such as agricultural related festivals and farmers\’ markets, shall be encouraged.

6.B-7 Organizations such as 4-H or school related programs which expose local youth to agricultural activities and issues shall be encouraged.

E. Right to Farm Ordinance

Excerpt from ordinance: No present or future agricultural operation conducted in a manner consistent with proper and accepted customs and standards of the agricultural industry on agricultural land shall become or be a nuisance, private or public, due to any changed condition of the use of adjacent land in or about the locality thereof; provided, that the provisions of this section shall not apply whenever a nuisance results from the negligent or improper operation of any such agricultural operation.

F. Open Space/Conservation Policies in GP

GP Policies 4.B-1 The County shall require new development to fully mitigate the loss of federally regulated wetlands to achieve a "no net loss" through any combination of avoidance, minimization, or compensation.

4.B-2 The County shall discourage direct discharge of surface runoff into wetland areas. New development shall be designed in such a manner that pollutants and siltation will not significantly affect wetlands.

4.B-3 The County encourages the preservation and restoration of natural wetland environments when feasible and practical as part of the development review process. Additionally, the County shall encourage and support the Resource Conservation District programs that facilitate these objectives if the programs do not significantly affect agricultural operations.

4.B-4 The County will encourage the creation and use of wetland mitigation banks as long as their creation and existence will not adversely impact existing and/or planned agriculture or urban development.

4.C-1 The County shall strive to preserve those areas of wildlife habitat designated "high habitat value" as shown on the biological sensitivity map in Chapter 9 of the Background Report.

4.C-2 The County shall encourage preservation and proper management of those areas designated "moderate habitat value" on the biological sensitivity map in Chapter 9 of the background report.

4.D-1 The County shall encourage the preservation of important areas of natural vegetation, including, but not limited to, oak woodlands, riparian areas, and vernal pools.

4.D-2 The County encourages the preservation of rare, threatened, or endangered plant species.

4.D-3 The County shall require that new development projects avoid, to the maximum extent possible, ecologically-fragile areas (e.g. areas of rare, threatened or endangered species of plants, riparian areas, vernal pools).

4.D-4 The County shall strive to protect major groves of native trees located in the unincorporated areas of the County.

4.D-5 The County shall encourage the use of native and drought tolerant plant materials in all public and private revegetation/landscaping projects.

4.E-1 The County shall support the preservation of natural land forms, natural vegetation, and natural resources as open space to the maximum extent feasible.

4.F-1 The County shall preserve the Sutter Buttes as an important agricultural, cultural, historical and ecological resource.

G. Active Ag General Plan Element and/or Easement Programs

I. Flood Protection Policies

GP Policies 7.C-1 The County shall continue to participate in the Federal Flood Insurance Program.

7.C-2 When new development or substantial improvement of existing development occurs within a special flood hazard area, as defined by the Federal Emergency Management Agency (FEMA), the development or improvement shall comply with the County Flood Damage Prevention Regulations.

7.C-3 The County shall coordinate efforts with local, regional, state, and federal agencies to maintain the existing levee system to protect life and property from the Intermediate Regional Flood (100 year event).

J. Williamson Act

Participating

K. Transfer of rights disclosure

GP Policies 6.A-4 A landowner shall be allowed to separate his or her homesite from the original parcel. Divisions for this purpose shall provide for cluster housing and minimize acreage removed from farming. Development rights shall be granted to Sutter County or its designee for the remaining agricultural lands. Densities shall be limited to those permitted by the underlying agricultural land use designation.

6.A-11 Residential parcels proposed by an Agriculture Preserve subdivision shall not adversely affect surrounding agricultural operations. The proposal shall comply with the criteria specified in the Zoning Code which includes clustering of the residential parcels, providing a residential exclusion area and vegetative buffer on the residential parcels, and conveyance of residential development rights for the agricultural preserve parcel to the County.

Sutter County Zoning