OROVILLE — The fracking ban approved by voters in June 2016 made it into Butte County’s zoning law Tuesday, as part of a routine cleanup approved by the Board of Supervisors.
The board approved seven changes in the county zoning ordinance, which is the document that implements the county General Plan.
The General Plan, most recently approved in 2010, sets out general policies for land use in the county. The zoning ordinance converts those policies into a list of rules for each zoning classification and land use and defines the zoning on each of the 48,000 parcels in the unincorporated area.
It’s a massive document, and minor mistakes are inevitable. In addition, conditions change, which require updates of the law. It’s routine, and happened in 2012, 2013, 2015, 2016 and 2017, according to the staff report to the supervisors.
As for the fracking ban, hydraulic fracturing was already illegal in Butte County before the vote was taken in 2016, according to Development Services Director Tim Snellings.
Fracking is the process of injecting liquids into subsurface strata to break them up, to ease the extraction of crude oil or natural gas. It’s feared the process could contaminate groundwater aquifers.
But according to Snelling, fracking wasn’t mentioned in the zoning ordinance, which under the law means it wasn’t allowed. None of the handful of gas wells in Butte County used the process.
With the 2016 ballot measure, voters said “We really mean it: It’s not allowed,” Snelling said.
The action taken Tuesday adds a line to each of the county’s zoning classifications that specifically outlaws fracking. It and all the other changes approved Tuesday take effect in 30 days.
Among the other actions taken Tuesday was a rezone of four properties in Richvale that were incorrectly listed for 40-acre agricultural production. The parcels include rice dryers and storage facilities operated by Lundberg Family Farms and the Butte County Rice Growers Association, and the yard of the Richvale Irrigation District.
The error may predate the most recent update of the General Plan. Principal Planner Dan Breedon said most of the ag zonings were just rolled over from the earlier plan. It’s not possible to check each of the 48,000 parcels, after all.
The supervisors approved a change to “agricultural services” for the four parcels, which reflects the actual use.
Among other changes approved were:
ADULT BUSINESSES: Eliminates the zoning ordinance allowance for adult businesses in “light industrial” zones with a use permit, to correct a conflict with the county code that does not allow such operations there.
RIPARIAN AREAS: Allows development within the 50-foot setback from waterways in industrial and commercial zones if no alternative is available. This stems from a situation around Oroville where a number of smaller lots have a seasonal rivulet running through them. The riparian setback makes development impossible.
Any development would still require a biological resource evaluation and would be subject to construction rules to prevent erosion and other impacts on the waterway.
LARGE CHILD DAY CARE: While maintaining a rule that large day care operations — six to 12 children — have to be on a paved road, a process was added to get exceptions approved.
DIGITAL SIGNS: Approved digital signs no larger than 64 square feet advertising a business’ on-site services.
