Butte County Board of Supervisors July 24, 2018 7/24/2018 Appeal of Request for Determination and Determination of Consistency with the Williamson Act (Little Dry Creek Farm LLC) Butte County Board of Supervisors July 24, 2018

Request as Two Applications Public hearing to consider both: Appeal of Request for Determination RFD17-0005 from the April 25, 2018 Planning Commission Hearing. Determination of compatibility with the California Land Conservation (Williamson) Act LCA17-0005.

Little Dry Creek Farm Proposal Seek construction of a residential structure on APN 022-030-017 adjacent to an existing agricultural storage building/hunting clubhouse. Owners seek to have better housing than RVs when they come to inspect their property and for hunting.

Subject Property APN 022-030-017, together with APNs 022- 030-015 and 022-030-018, total approximately 602 acres used as natural habitat/duck club in the AG-80 zone and is enrolled in the Williamson Act as open space habitat and managed wetlands Located at the southeast corner of Afton and Aguas Frias Roads, approximately 7.4 miles west of Biggs.

Subject Property Property is adjacent to the Closed Zone Farms and Mom’s Farms duck clubs and the Little Dry Creek Unit of the Upper Butte Basin Wildlife Area.

Subject Property Property is adjacent to the Closed Zone Farms and Mom’s Farms duck clubs and the Little Dry Creek Unit of the Upper Butte Basin Wildlife Area.

Subject Property A majority of the area of the three parcels was entered into a federal conservation easement for wetlands on June 20, 2003. The easement prohibits agricultural uses and building, but permits undeveloped recreational activities, including hunting and fishing and “the leasing of such rights for economic gain”.

Subject Property The proposed residential structure would be located on a portion of APN 022-030-017 outside of the conservation easement, but within the Williamson Act open space habitat/managed wetlands land conservation agreement for the three parcels.

Assessor’s Map and Area of 2003 Conservation Easement

Location of Proposed Residential Structure and Existing Storage Building/Clubhouse

Analysis – No Agricultural Use Exists on the Property Rule 3.A.12 of the County’s Williamson Act Rules allows one single-family home per parcel provided that residence is inhabited by persons working in direct support of agricultural production on the contracted lands. While the residential structure is located outside the conservation easement, there is no agricultural use on the property.

Analysis – Use of the Property as a Duck Club The Zoning Ordinance defines a hunting and fishing club as “any establishment that provides hunting and fishing activities or services outside of a building for a fee or admission charge.” Little Dry Creek Farm is a Limited Liability Company owned by four partners. Many duck clubs have memberships that consist of fractional ownerships (i.e. owners are the members). These are sometimes called an “equity hunting membership” or “equity interest hunting clubs.” The Planning Commission reviewed information that listed several hunts including hunts with fees on the property.

Analysis – Definition of Single Family Home Defined as a “residential structure designed for occupancy by one family” that provides “complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.” The proposed structure would not include a kitchen and instead utilize the existing kitchen in the clubhouse building. Use of the kitchen in the existing storage building/ clubhouse means the residential structure would be a new permanent improvement to the hunting and fishing club use.

Recommendation Adopt the resolution denying the appeal of Request for Determination RFD17-0005 and finding the proposed residential structure is incompatible with the Williamson Act.