From RUCS Wiki

Appendix to Land Use Current Conditions paper

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

Yuba County Current Agricultural Policy Inventory

The following text has been extracted from the 1996 Yuba 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

The Agriculture/Rural Residential classification is intended to be implemented through a variety of parcel sizes and identifies areas suitable for larger lot, low density residential use that provides for development which is compatible with a rural character and lifestyle.

The Valley Agriculture classification is used to identify areas on the valley floor located outside of community boundaries which are suitable for commercial agriculture and where it is desirable to retain agriculture as the primary land use; to protect the agricultural community from encroachment of unrelated agricultural uses which, by their nature, would be injurious to the physical and economic well-being of the agricultural community; and to encourage the preservation of agricultural land, both productive and potentially productive, which is identified as State-designated Important Farmlands and/or Class I and II soils by the Natural Resources Conservation Service (NRCS).

Both Valley Agriculture and Foothill Agriculture general plan designations allow A/RR zoning districts, with minimum lot sizes of 10 (VA) and 5(FA).

7-LUP The County shall encourage LAFCO to amend spheres of influence for cities and special districts to be coterminous with County-adopted Community Boundaries. 28-LUP Community Boundaries shall be utilized as a method to preserve agricultural land and promote orderly growth in the county.

29-LUP Urban-agricultural interface areas shall be recognized in proximity to Community Boundaries, within which all new development projects shall incorporate a buffer zone at least 300 feet in depth to separate the development project from surrounding agricultural land. This requirement may be eliminated or modified if there are significant topographical differences, substantial vegetation, or existing physical barriers between urban and agricultural areas.

30-LUP Permanent physical features or barriers shall be used to separate agricultural from rural residential or urban uses wherever possible. Such features include rivers, streams, canals, roads, railroads, levees and topographical features.

31-LUP The conversion of agricultural or open land to urban development within Community Boundaries shall be permitted to occur only as an extension of the urbanized area of the community. Community Boundaries shall not be used as justification for leapfrog development.

32-LUP Agricultural land capability shall be a primary determinant when establishing or modifying Community Boundaries.

33-LUP Non-agricultural development projects shall be directed to marginal agricultural lands.

B. Affordable Housing Requirements

Housing Element Available housing resources for seasonal farmworkers who migrant to the region are extremely limited in relation to the number of such workers. Few agricultural landowners provide seasonal employee housing. Most migrant workers compete for limited rental housing; live in motels, trailers, their cars, or other places not designed for seasonal housing; or live unsheltered. Overcrowding and substandard housing conditions are common among this segment of the workforce.

Several assisted housing complexes within the County can assist farmworkers who are permanent residents. Six affordable housing projects in the unincorporated areas are funded through the USDA Rural Development Section 515 program, and provide 197 units of assisted housing. In addition, Beverly Terrace, which provides 34 units of assisted housing, is partially funded through the USDA Rural Development Section 514/516 farm labor housing program.

Other plans outlined in the GP that offer housing assistance to farmworkers include: U.S. Department of Agriculture (USDA) Housing Programs- (Sections 514/516) Below market-rate loans and grants for farmworker rental housing.

Farmworker Housing Assistance Program- Provides State tax credits for farmworker housing projects.

Joe Serna Jr. Farm worker Housing Grant Program (FWHG)- Provides recoverable grants for the acquisition, development and financing of ownership and rental housing for farmworkers.

GP Policies

ACTION 2.1.5. HOUSING FOR FARMWORKERS The County will seek to meet the needs of farmworkers and their families to increase the supply of affordable housing for low-income families, many of whom are farmworkers. Migrant farmworker housing is currently allowed only in the AE zone, although Action 1.3.1 commits the County to amending the Zoning Ordinance to allow such housing in the A/RR and RRE zones as well. This will benefit year-round residents employed in agriculture, the overwhelming majority of whom are low-income and who tend to have a higher percentage of large families. The County will meet with housing providers to determine the need for additional migrant farmworker housing and assist in the applications for state and federal funds. Multifamily housing for farmworkers and their families will continue to be allowed under the same standards as any other type of multifamily housing—by conditional use permit in R-1 and C zones and by right in R-2 and R-3 zones. Conditions of approval in the R-1 and C zones will focus on compliance with zoning standards for height, yards, set-backs, parking, and building coverage. The County believes that, by allowing multifamily farmworker housing by right in the R-2 and R-3 zones, and focusing on compliance with zoning standards in the R-1 and C zones, the County will facilitate the provision of farmworker housing and provide greater certainty for their location in these zones.

The County will work with housing providers to identify one or more appropriate locations for a migrant farmworker housing facility based on the following criteria:

• Land ownership, minimum area for an efficient project size, the ability to create a separate a parcel, if necessary, and present use (an undeveloped site being preferred);
• Current zoning and surround land uses;
• Proximity of the site to the agricultural areas that require migrant farm labor;
• Ability to create a buffer that separates living quarters and outdoor play areas from adjacent agricultural uses;
• Environmental site conditions, such as susceptibility to flooding, that could affect the health and safety of residents and residents of surrounding properties;
• Ability to provide water, sewer, and utility services;
• Proximity to existing cities or unincorporated urban communities in which farmworkers can obtain needed services; and
• Access to transportation, such as ingress and egress along roads meeting County standards and proximity to public or school bus routes.

The County will also assist providers of farmworker housing in accessing state and federal funds (see Action 3.1.1 for further details).

C. Jobs-housing ratio standards 172-LUP Large residential development projects shall be phased or timed to occur concurrently with development projects that will provide employment in the county.

175-LUP Job generating opportunities shall be identified and incorporated in specific and community plans.

176-LUP Development projects shall be encouraged within existing communities and designated new growth areas, with an emphasis on expanded services and infill development.

177-LUP Sufficient commercial areas shall be identified on the Land Use Diagram to serve foothill and mountain communities while also generating local employment.

178-LUP Transportation facilities shall be designed which provide ready access to regional employment centers from foothill and mountain communities.

D. AG tourism or Economic Development

GP Policies The natural resources upon which the county\’s basic economy depends (recreation, agriculture, mining and tourism) shall be protected. (140-LUP)

E. Right to Farm Ordinance

Excerpt from ordinance: CONSUMER DISCLOSURE-- FARMING AND MINING OPERATIONS The purposes of this Chapter, therefore, are to promote the general health, safety and welfare of the County, to preserve and protect for exclusive agricultural or mining use those lands zoned or designated for such use, or currently so used, to support and encourage continued agricultural and mining operations in the County, and to forewarn prospective purchasers and residents of property adjacent to or near such operations of the inherent problems associated with such purchase including but not limited to the sounds, odors, dust, smoke, fertilizers, pesticides and vibrations that may accompany such operations (\#980 as amended by \#989)

The County shall continue to maintain and support right to farm statutes and policies. (45- LUP)

F. Open Space/Conservation Policies in GP

GP Policies

5-OSCP- Where scarce natural resources are known to exist but data as to their extent and significance is not available, the County shall require appropriate studies to ascertain the impact to such resources from proposed development projects.

14-OSCP- The County shall maintain a consumer disclosure ordinance which requires notice to prospective purchasers of land in mining areas of the various land use related issues associated with residential use or construction in proximity to mining operations.

21-OSCP- Lands zoned Timberland Production Zone (TPZ) shall be protected and buffered from incompatible uses.

27-OSCP- Natural resource areas, open space lands and scenic resource areas, as identified by Volume I of this General Plan, shall be maintained in a manner that does not compromise their resource, open space and scenic values unless no other reasonable alternatives exist. Where impacts may occur, mitigation shall be provided which fully compensates for the identified impacts.

30-OSCP- Foothill and mountain development projects shall be designed to preserve the existing rural character, including maintenance of natural vegetation and terrain, and a limitation on improvements, such as sidewalks and lighting, that may detract from rural character.

31-OSCP- Important open space lands and scenic views shall be appropriately zoned in order to protect their open space and scenic values.

32-OSCP- Development projects on slopes in excess of 25 percent shall be discouraged, except for clustered projects in the foothill and mountain areas.

33-OSCP- The County shall examine whether certain open space lands and scenic views now in private ownership may be more appropriately held by the public.

37-OSCP- Where opportunities exist to preserve open space lands in conjunction with new development projects and to open lands to greater public access, the County shall explore mechanisms to facilitate preservation and access, including clustering and alternative forms of open space ownership.

85-OSCP- The retention and enhancement of important habitat by preserving large areas or systems which will benefit a variety of species or resources, rather than focusing on individual species, resources or properties shall be encouraged by the County.

86-OSCP- The County shall encourage the preservation of areas of natural vegetation that may also contain threatened, endangered or special status species, including oak woodlands, riparian areas, marshland, and vernal pools.

88-OSCP- Where a significant natural area containing threatened and endangered species has been identified through appropriate biological studies, the County shall encourage its acquisition by private conservation groups or interested public agencies.

110-OSCP- The retention of agriculture as a primary extensive land use shall be encouraged by the County in order to maintain agriculture\’s economic viability.

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

Agriculture Element

Community Boundaries shall be utilized as a method to preserve agricultural land and promote orderly growth in the county. (28-LUP)

Urban-agricultural interface areas shall be recognized in proximity to Community Boundaries, within which all new development projects shall incorporate a buffer zone at least 300 feet in depth to separate the development project from surrounding agricultural land. This requirement may be eliminated or modified if there are significant topographical differences, substantial vegetation, or existing physical barriers between urban and agricultural areas. (29-LUP)

Permanent physical features or barriers shall be used to separate agricultural from rural residential or urban uses wherever possible. Such features include rivers, streams, canals, roads, railroads, levees and topographical features. (30-LUP)

The conversion of agricultural or open land to urban development within Community Boundaries shall be permitted to occur only as an extension of the urbanized area of the community. Community Boundaries shall not be used as justification for leapfrog development. (31-LUP)

The County shall ensure that zoning and other land use regulations do not unnecessarily restrict agriculturally related enterprise which provides supplemental income and enhances agricultural viability, such as on-farm packing and sales, including sales from roadside stands. (115-OSCP)

The retention of agriculture as a primary extensive land use shall be encouraged by the County in order to maintain agriculture\’s economic viability, but also its contribution to the preservation of open space and wildlife habitat. (110-OSCP)

The County shall support efforts by private farmland conservation groups such as the American Farmland Trust to utilize conservation easements to preserve agricultural land. (113-OSCP)

The voluntary donation of conservation easements or other development restrictions to the County or a qualified private nonprofit corporation to preserve the agricultural use of land in areas designated for agricultural use shall be solicited and encouraged, where development of land would promote incompatible use. (38-LUP)

The voluntary donation of conservation easements or other development restrictions to the County or a qualified nonprofit corporation to preserve the use of land for grazing or timber production in areas designated for agricultural or timber use shall be solicited and encouraged, when proposed development would conflict with timber and grazing operations. (44-LUP)

H. Flood Protection Policies

GP Policies 209-LUP Flood protection measures contained in the revised South Yuba Drainage Master Plan shall be implemented in conjunction with specific plans and other new development projects.

210-LUP Financing for major components of the Master Plan shall be actively pursued by the County, including collection of drainage fees from new development projects, in order to enhance flood protection in the Linda/Olivehurst region.

211-LUP The County shall discourage development projects that may interfere with the integrity of levees.

212-LUP The County shall support and coordinate with the various reclamation districts in matters of levee maintenance and improvement.

213-LUP The county shall maintain drainage standards and apply those standards to development projects.

214-LUP Flood waters leaving new development projects shall conform to existing drainage plans or be directed to existing watercourses and shall not exceed either historical volumes or rates of flow. Retention and/or detention ponds shall be incorporated in new development projects to achieve this condition.

I. Transfer of rights disclosure

GP Policies Within three years, establishment of specific mechanisms in County land use regulations for acquisition and/or transfer of development rights and purchase of conservation easements in areas containing Class I and II soils, and other areas identified as having special agricultural value. (11-LUO)

Yuba County Zoning