I. INTRODUCTION

 

A. Purpose

The Land Use Element describes the desired location, distribution, and extent of land for such uses as agriculture, housing, business, industry, the military, open space, natural resources, recreation and scenic vistas, public facilities, education, waste treatment and disposal facilities, and others. It groups uses in order to prevent conflict between those which are mutually incompatible. It includes standards for population density and building intensity.

The Land Use Element guides the physical growth, use, and development of Kings County land through the year 2010. Compact city and community boundaries are used to obtain a more efficient development pattern, thus lowering public service costs and protecting farmland from premature development. Land Use policies balance the protection of individual property owners' rights and property value with the provision of public services to the community at large.

B. Consistency with Other Elements

The Land Use Element is consistent with the other elements of the General Plan because all elements use the same population, housing, and employment projections; policies of the Land Use Element support, and are supported by, policies of the other elements; and the policies of all elements are cross-referenced where necessary.

C. Scope and Organization

The Land Use Element contains three major sections:

1. "Policies for Urban Areas," which addresses Residential, Commercial, Transitional, and Industrial uses, plus spheres of influence.

2. "Policies for Rural Areas," which addresses Agricultural or Rural Residential uses, plus floodplain management.

3. "Policies for Other Land Uses," which addresses varied topics including hazardous waste management facilities, mineral extraction, storm drainage, and public/quasi-public uses.

The land use maps shown in Figures 3-10 reflect the goals, objectives, and policies of the Land Use and other elements of this General Plan. The land use maps and text must be used together in order to fully understand the policies which apply to any particular situation.

General Plan land use designations do not include a detailed study of specific parcels. The use of individual parcels is regulated by the Zoning Ordinance (Appendix 2, Tables 5 and 6, show General Plan land use designations and their equivalent zone districts, and briefly describe permitted uses in each zone district). Future detailed evaluation may show that certain General Plan-designated land uses are not warranted and that an alternate designation is desirable.

D. Specific, or "Area", Plans.

Occasionally the Board of Supervisors may deem it necessary and appropriate to adopt detailed and unique policies for specific areas of the County. These Specific, or "Area", Plans include detail necessary to address issues related to those areas which do not necessarily apply to other areas of the County, and require the application of other regulations, requirements, or standards for development to that specific area or community. Specific Plans may be included in the General Plan by reference, and the territory covered by a specific or area plan shall be noted on the Land Use Map (Figure 3).

II. POLICIES FOR URBAN AREAS

The term "urban area" refers to unincorporated city fringes and rural communities. A city fringe is the unincorporated developed area adjacent to a city boundary.

The unincorporated towns of Armona, Kettleman City, and Stratford are rural communities. Each has its own sewer and water services delivered by a community service or public utility district.

Growth in urban areas beyond the service range of sewer and water lines can present severe service delivery problems. Coordination between the County, the cities, and the rural communities will avoid random growth and encourage efficient service delivery by directing new development to areas served by cities or rural communities.

The general plan policies of the incorporated cities of Avenal, Corcoran, Hanford, and Lemoore are not affected by the Kings County General Plan. This General Plan recognizes the internal policies of each city's general plan but neither adopts nor rejects any of them.

GOAL 1: Annex city fringe areas to the cities. Develop and service rural communities according to County improvement standards. Urban services shall be provided only by existing cities and services districts.

Objective 1.1: Require new development in city fringe areas (except a single-family house on an existing lot) to annex to the city or community services district which provides services. Encourage existing fringe area development to annex to the city or community services district which is providing services.

Policy 1a: Require urban growth to be contiguous to existing urban development and to annex to a city or community services district. Once territory is annexed into an incorporated city, that city's general plan policies shall supersede the County's general plan policies for that area.

Policy 1b: Maintain a Limited Agriculture land use designation adjacent to urban areas in order to avoid conflicts between urban and intensive agricultural uses and to preserve land for future urban expansion.

Objective 1.2: Avoid inefficient expansions of special district services by ensuring that development density is appropriate for the operation of an efficient system.

Policy 1c: Assure that physical services and infrastructure will accommodate projected growth. Do not approve new development beyond the service capability of service providers.

Objective 1.3: Develop city fringe areas infrastructure according to city improvement standards.

Policy 1d: Require new private development improvements and County capital improvements in city fringe areas, including but not limited to streets, curbs, and gutters, to be installed to city (not County) improvement standards.

Objective 1.4: Maximize cooperative planning and implementation of the General Plan through coordination with the cities and rural communities.

Policy 1e: Maintain a current County General Plan and review it annually.

Policy 1f: On an annual basis, cooperate with each city in Kings County in the development and adoption of a single set of General Plan policies for each city planning area.

Policy 1g: Periodically, but no less often than every five years and coordinated with the Housing Element Update, assess the remaining capacity of existing public services in relation to projected growth.

Policy 1h: Allocate the majority of new housing growth to the cities and lesser amounts to Armona, Kettleman City, and Stratford, as described in the Housing Element.

Policy 1i: Refer development proposals within a city or rural community sphere of influence to that city or district for review and comment.

Objective 1.5: Require developers to pay for the installation of infrastructure and facilities which their developments cause to be necessary.

Policy 1j: Require all new development applications to contain information on infrastructure capacity to be used by the subject development, and expected remaining infrastructure capacity.

Policy 1k: Require developers, as determined by the appropriate school district, to participate in financing the construction of school facilities made necessary by their developments.

Policy 1l: In areas shown for urban use require development to annex to the city, with the exception that, in areas designated "Substantially Developed Fringe Areas," one housing unit per existing parcel will be permitted without annexation (see Land Use maps, Figures 4-10). In rural community fringe areas, require development to annex to the community services district before building permits are issued.

Objective 1.6: Preserve the identity of the rural communities.

Policy 1m: Maintain identified boundaries between Armona and nearby incorporated cities as depicted in the Open Space Element, Figure 13.

Objective 1.7: Notwithstanding Objective 1.1 and Policy 1a, allow small developments, in excess of one single-family residence on an existing lot, in areas designated "Substantially Developed Fringe Areas" on the land use maps of the General Plan.

Policy 1n: Allow small developments, i.e., land divisions of land in city fringe areas, on parcels that were less than ten (10) acres in area prior to February 18, 1994, and designated "Substantially Developed Fringe Area" on the land use maps of the General Plan, which are in conformance with the general plan, are zoned for residential uses, no variances or exceptions are required, and all required services and access to the proposed parcels are to local standards and are available.

Objective 1.8: Apply uniform development standards in the rural communities in order to foster orderly, cost-efficient growth.

Policy 1o: In areas shown for urban uses, where community services are not immediately available, the developer shall pay for the extension of services or enter into a deferred improvement agreement for the future extension of services, before building permits will be issued (See Appendix 2, "Agreement by Owner or His Successors in Interest to Construct Future Land Development Improvements").

Policy 1p: Require all new development to comply with County General Plan, subdivision, zoning, and building regulations.

Policy 1q: Require developers to improve all access roads to the nearest maintained right-of-way.

Policy 1r: In order to prevent uncoordinated, sprawling growth and to delay costly expansion of district facilities, require infilling of vacant or underutilized parcels within the community where water and sewer are available.

Policy 1s: Preserve the rural character of the rural communities and of the farmland that surround them.

A. Residential

The Residential land use designations are used only in the city fringes and rural communities. The category includes land intended for a full range of urban residential services. Land surrounding urban areas is intended to remain in limited agricultural use until it is developed in accordance with General Plan policies. The improvement and development standards for these areas are contained in the zoning and subdivision ordinances and the County improvement standards.

Residential densities are based upon the availability of urban services and infrastructure, land use compatibility, environmental suitability, projected growth, neighborhood character, and other factors (see Appendix 2, Tables 7-9, for more information on available residential acres in each community by General Plan designation).

GOAL 2: Designate a sufficient amount of Residential land to accommodate projected urban population growth to the year 2005.

Objective 2.1: Encourage the development of safe, decent and sanitary housing alternatives for all income levels, as detailed in the Housing Element.

Policy 2a: Ensure that sufficient land is designated "Residential" to accommodate the projected increase in housing units needed, as indicated in Section 5.1.5, "Projected Housing Need," of the 1992 Housing Element.

Policy 2b: Accommodate the following increases in population and housing units in the unincorporated communities, based on remaining service capacity as specified by the community service districts:

Armona--about 360 additional units, or approximately 1224 additional persons, by 1997; and 340 additional units, or approximately 1156 additional persons by 2005; for a total of 700 new units, or approximately 2380 additional persons, by 2005.

Kettleman City--about 75 additional units, or 255 additional persons, by 1997; increases beyond that are not projected.

Stratford--about 60 units, or 204 persons, by 1997; increases beyond that are not projected.

Policy 2c: Refer any development proposal for five or more residential units which may have a direct or indirect impact on school facilities to the affected school district for review and comment. Consider school district comments in reviewing the proposed project.

Policy 2d: Encourage the revitalization of existing residential neighborhoods as detailed in the Housing Element.

Policy 2e: Increase the affordability of housing, the amount of housing for farm employees, and the number of multifamily rentals as detailed in the Housing Element.

B. Commercial/Industrial

Commercial land use designations provide for various types of retail stores, offices, service establishments, and wholesale businesses to concentrate for the convenience of the public. They are located near or convenient to the areas and patrons they serve. They should not conflict with residential or agricultural uses.

Industrial land use designations provide appropriately located areas for industrial plants.

Their locations should be protected from intrusion by residential and other inharmonious uses.

Commercial and industrial designations are implemented by the zoning ordinance, which allows varying degrees of intensity of use (see Appendix 2, Tables 10 and 11, for more information on available acres of commercially and industrially designated land). Standards for development are contained in the zoning and subdivision ordinances and the County Improvement Standards.

GOAL 3: Direct future industrial and commercial development to the cities and rural communities.

Objective 3.1: Provide commercial areas to meet the shopping needs of rural community residents near residential areas and transportation routes.

Policy 3a: Require retail commercial uses to locate close to transportation routes and major residential areas.

Objective 3.2: Provide adequate industrial areas to promote cost-effective operations and to create more local employment opportunities with minimal adverse effects.

Policy 3b: Require industrial uses to locate near adequate transportation resources and away from residential concentrations.

Objective 3.3: Concentrate new commercial and industrial businesses and rehabilitate existing commercial and industrial structures, in designated commercial and industrial areas.

Policy 3c: Ensure that encroachment of incompatible uses does not occur.

Policy 3d: Where necessary to prevent land use conflicts, ensure that new uses are properly buffered and landscaped. Where industrial and service commercial development is located adjacent to, or across the street from, existing residential uses or areas designated for residential use, a seven-foot decorative concrete block wall with landscaping shall be required, and access points shall be limited to a minimum 800 feet apart and aligned with other streets wherever possible.

Policy 3e: Encourage private demolition or rehabilitation of deteriorated commercial and industrial structures.

Objective 3.4: Coordinate growth with the long-range capital improvement plans of the County, cities, and special districts.

Policy 3f: When public services are provided to an existing developed commercial or industrial area, encourage annexation to the city or community services district providing the service.

Policy 3g: When public services are not available, require that all commercial and industrial development enter into a deferred improvement agreement with the city or County to connect to services when they become available.

C. Spheres of Influence

A sphere of influence is a plan adopted by the Kings County Local Agency Formation Commission (LAFCO) for a local agency's future boundary and service area. Spheres of influence define where new development will be encouraged to annex to service-providing agencies. Spheres of influence are effective in preventing urban sprawl and duplication of public services; in promoting planned, efficient urban development patterns; and in protecting agricultural and open space land from premature development.

LAFCO is required by state law to adopt a sphere of influence for each city and special district in the county.

The adoption of a sphere of influence is a prerequisite for processing annexations to a city. Kings County LAFCO adopted city spheres of influence in the middle 1970's, but growth since then makes updating necessary.

GOAL 4: Recommend that the Kings County LAFCO adopt city and rural community spheres of influence that are consistent with each jurisdiction's General Plan.

Objective 4.1: Identify service areas for the cities and unincorporated communities, for consideration by LAFCO when they adopt or amend spheres of influence.

Policy 4a: Recommend to LAFCO that spheres of influence:

include areas currently served by the cities and rural communities;

include only undeveloped land that could logically be served in the future when anticipated growth or change occurs;

maintain the agricultural character and use of agricultural preserves;

eliminate overlap in services between the cities and rural communities and other agencies;

recognize the range of services the cities and rural communities could provide; and

promote orderly expansion of urban areas, based on General Plan goals and policies.

D. Transitional Areas

Areas designated Transitional consist of a mixture of residential and professional/business office uses located at the boundary between areas designated Residential and Commercial. Where these mixed uses are identified, the Transitional zone shall be used to allow both uses to continue without nonconforming status until a more definite development trend is established. It is the County's policy that the General Plan and specific development trends be reviewed at least every five years to evaluate the appropriateness of continued Transitional designation, and that, when deemed appropriate, a specific zone designation of either Residential or Commercial, whichever is most compatible with predominant existing uses in the area, be applied.

E. Airport Land Use Areas

In 1994 Kings County completed the "Kings County Airport Land Use Compatibility Plan." The purpose of the Plan is to establish procedures and criteria by which the County of Kings and the cities of Corcoran and Hanford can address compatibility issues when making planning decisions regarding land uses within the spheres of influence of public use airports. The Plan criteria are intended to ensure that local general plans, specific plans, and zoning ordinances take into account factors which influence compatibility between airports and the surrounding land uses. The "Kings County Airport Land Use Compatibility Plan" is incorporated into the Kings County General Plan by reference. The Plan only affects public use airports.

The General Plan goals, objectives, and policies of the "Kings County Airport Land Use Compatibility Plan" are found in the Safety Element. All land use decisions for projects located within the airport sphere of influence as identified by Figure 22A and 22B will be subject to the criteria of Table 16A of the Safety Element.

III. POLICIES FOR RURAL AREAS

A. Agriculture

Agricultural production is a major component of Kings County's economy. Economic pressure and economic advantages have influenced many landowners to divide their land and sell it for nonagricultural residential uses, resulting in large numbers of non-farm residential uses on good farmland.

Kings County supports the promotion of a "good neighbor policy" between agricultural and nonagricultural property owners. This means that nonagricultural land uses located in agricultural zones are considered secondary uses. Accordingly, the County's agricultural land use policies prohibit the designation of new nonagricultural land uses in agricultural areas, in order to preserve productive agricultural land and discourage its premature conversion to urban uses.

There are three agricultural land use designations in the General Plan--Limited Agriculture, General Agriculture, and Exclusive Agriculture. The purposes of the three are to protect agricultural land from the encroachment of incompatible uses, to provide appropriate locations for agricultural support businesses, and to provide a safety and noise buffer around NAS Lemoore.

The major differences between the three designations relate to minimum parcel size, animalkeeping, and agricultural service businesses:

The Limited Agriculture designation is applied around urban areas throughout the county to serve as a buffer between urban and intensive agricultural uses. Permitted activities in the Limited Agriculture areas include field crops, vines, pasture grazing, farm related homes, farm related shops, and uses that include the temporary or permanent keeping of animals such as kennels and veterinary hospitals; but exclude new livestock animal concentrations such as dairies, intensive agri-service businesses of a permanent nature, such as cotton gins or other large produce processing activities, farm equipment sales, and service or repair establishments. The minimum parcel size is ten acres.

The General Agriculture designation is applied throughout the county beyond the Limited Agriculture and urban areas. Permitted activities in the General Agriculture designation are the same as in the Limited Agriculture designation, but also include animal concentrations and agri-service businesses. Minimum parcel sizes range from 20 to 40 acres, as follows:

North County (north of Kansas Avenue): 20 acres

South County (south of Kansas Avenue):40 acres

The Exclusive Agriculture designation is applied generally in a three-mile-wide band around NAS Lemoore as follows:

West of 22nd Avenue and north of Kansas Avenue

The physical development of agricultural properties is regulated and implemented by the Zoning Ordinance, in which the same designations--Limited Agriculture (AL-10), General Agriculture (AG-20 and AG-40), and Exclusive Agriculture (AX)--will be used (see Figure 3 for map of agriculturally designated land).

1. Stabilization of Agricultural Use at the Urban Fringe

Rapid urban growth can raise the price of farmland, increase the likelihood of its purchase for nonagricultural use, and discourage new agricultural investment. Thus, competition occurs between urban and agricultural uses at the urban boundary.

GOAL 5: Protect agricultural lands by maintaining large parcel sizes and preventing the development of incompatible urban uses.

Objective 5.1: Maintain large parcel sizes by keeping land adjacent to urban areas in agricultural production prior to conversion to urban uses.

Policy 5a: Maintain the Limited Agriculture or General Agriculture designation until all feasible alternative locations for urban uses have been developed.

Objective 5.2: Prevent the division of agricultural land into parcels less than ten acres in size within the urban fringe and areas designated Limited Agriculture.

Policy 5b: Continue to use Williamson Act contracts on all prime agricultural land within 3 miles of city and rural community boundaries, except as provided in Policy 9a.

Policy 5c: Designate all land outside Urban and Rural Community areas as Limited Agriculture, General Agriculture, or Exclusive Agriculture.

2. Mitigation of Conflicts Between Agricultural and Nonagricultural Uses

In the past, small residential lots have been created on the urban fringes and in some agricultural areas, resulting in conflict between agricultural and nonagricultural uses. Complaints by residents about customary farming practices have sometimes prevented farming in the most effective way.

GOAL 6: Support agriculture by preserving the right of farmers to operate efficiently, based on customary and usual agricultural practices.

Objective 6.1: Define agriculture as the highest and best use in agricultural areas.

Policy 6a: Define the primary use of parcels designated for agricultural use as agriculture and related support services and uses. In these areas permit only those residential uses which are accessory to agricultural uses.

Policy 6b: Facilitate the reversion to acreage of "paper subdivisions" in the county.

Policy 6c: Encourage abandonment of little used public roads in sparsely settled rural areas.

Policy 6d: Adopt a "Right to Farm" ordinance and publicize its contents to property owners n areas designated for agricultural use.

3. Commercial and Industrial Uses in Agricultural Areas

Agricultural activities require a variety of related services. Some are appropriate for location in agricultural areas, depending upon their connection to agriculture, the potential for conflicts in land use, the scale and adaptability of the service, and the amount of land lost to farming.

GOAL 7: Allow related agricultural support services to locate in areas designated General Agriculture.

Objective 7.1: Restrict agricultural support services to those services which are not harmful to long-term agricultural or future urban use, and which are located on land designated General Agriculture.

Policy 7a: Allow permanent agricultural service and processing facilities in areas designated General Agriculture. This does not include Exclusive Agricultural designated "Open Space for Public Safety" around the Lemoore Naval Air Station.

4. Farm Housing

Farm management sometimes requires on-site housing for farmers and farm employees. The Land Use and Housing Elements establish agricultural housing policies to meet the various needs of farmers and farm employees.

GOAL 8: Ensure that housing located on farmland is for the use of those engaged in farming. Encourage the construction of seasonal farm employee housing as needed.

Objective 8.1: Permit on-site incidental farm employee housing.

Policy 8a: Base the number of agricultural housing units permitted per farm on the nature, intensity, and employment needs of the agricultural use of that farming operation.

Policy 8b: Require the location of agricultural employee housing in a manner that minimizes the effect on agricultural productivity, but not to the detriment of the occupants of the housing.

Objective 8.2: Support nonprofit organizations in their efforts to provide safe and adequate housing for farm employees.

Policy 8c: Assist local agencies such as the Kings County Housing Authority in developing programs for financing and building farm employee housing, as indicated in the Housing Element.

Policy 8d: Develop County specifications for temporary seasonal dormitory housing, mobile homes, and recreational vehicle "parks" for temporary farm employees and migrant workers.

Objective 8.3: Family farming may include two or more generations farming the same land. Additional housing units may be allowed in those cases where more than one generation is actively engaged in farming the land. This may be accomplished through a special permit process consistent with the goal that a residential use on farmland is incidental to the farming operation and is exclusively for the use of those who are actively engaged in farming the land.

Policy 8e: Allow divisions and transfers of land that create homesites of not less than one (1) acre in size, between immediate family members who are actively engaged in farming the subject land. Such a division shall include restrictions that tie the new parcel to the parent parcel by the use of recorded declarations of intent that the new parcel is not for sale to another party. In addition, parcels that are restricted by a California Land Conservation (Williamson Act) Contract will be required to record joint management agreements. Such agreements and declarations shall include an acknowledgment that there will be penalties for unlawful conveyance of undersize parcels and that the parent parcel contains at least the minimum area required in the zone district in which it is located. The only exception permitted is where the parent parcel is smaller than the required minimum site area in its zone but is part of a larger farming operation owned by the applicant that includes another separate parcel with at least the minimum site area.

Policy 8f: Allow the division of the actual residence of a retiring farmer from the remainder of the land that is actually farmed on a commercial basis, to enable the farmer to retain his or her farm home separate from the agricultural acreage, as long as the acreage of the parcel prior to the division has been continuously owned by the divider for at least the last seven (7) years or other time period as may be required by law, whichever is the greater, and the parcel before the division contains at least a minimum area of ten acres. The parcel that is retained shall be not less than one (1) acre in size. This policy does not apply to parcels zoned Agricultural, but used primarily as rural residential (even when there is a "hobby farm" incidental to the residential use); or would create a new parcel that would primarily be used as rural residential rather than for farming purposes. This policy assumes that the absolute minimum parcel size necessary to farm on a commercial basis is seven and one-half (7‡) acres, and that homesites are generally not larger than two and one-half (2‡) acres in size.

Policy 8g: Allow divisions that create financing parcels of not less than one (1) acre in size for financing agricultural-related projects and housing incidental to agricultural uses, but which are not intended for sale or transfer and which will remerge with the parent parcel upon completion of the financing agreement. Financing parcels shall not be required to have a parent parcel of the minimum size required for their zone district. Such parcels may be separated from the parent parcel only if the parcel is acquired into excess status by a lender pursuant to a bona fide involuntary foreclosure or similar involuntary process of law, including but not limited to a deed in lieu of foreclosure.

5. Agricultural Preserves and Annexation

As cities and rural communities grow, some surrounding agricultural land will be converted to urban use. While preserving this land in agricultural use for as long as possible is in the public interest, doing so requires that the land not be taxed out of economic existence. Farmers can get some economic relief under the Williamson Act, which allows the County to assess property taxes based on the agricultural value, not the fair market value, of the land.

A Williamson Act contract requires the owner to keep the land in agricultural use for ten years; automatic annual extensions assure the indefinite continuation of the ten-year life of the contract.

Even when development to urban use is appropriate, it is difficult to cancel a contract under the terms of the Williamson Act. There are three possible methods of cancellation:

1. The preferred method is for either the County or the landowner to file a Notice of Nonrenewal, which becomes effective in nine to ten years.

2. The second, but less preferred, method is cancellation by the City Council immediately upon annexation if the contract was successfully protested by the annexing city.

3. The least preferred method is cancellation at the request of the landowner, conditional upon approval by the City Council or County Board of Supervisors. This method requires prior approval by the City Council or County Board of Supervisors of a specified alternative use and payment of a cancellation fee to the State.

Information is available from the County Planning Department regarding the Williamson Act status of land around the cities.

GOAL 9: Ensure that the protection afforded agricultural properties under the Williamson Act program does not foster discontinuous patterns of fringe area development on unprotected properties, causing urban sprawl.

Objective 9.1 In cooperation with the cities, identify areas where future annexation will have the least possible effect on Agricultural Preserve land.

Policy 9a: In cooperation with the cities and services districts, file Notices of Non-Renewal on contracted land within the urban fringes which has been identified as prime development land for the upcoming ten year period. The purpose is to direct growth according to the future needs of the community; to ensure a sufficient supply of land in locations where services are, or are planned to be, available; and to avoid discontinuous development patterns.

B. Rural Residential

The purpose of the Rural Residential land use designation is to recognize existing Rural Residential areas.

In order to eliminate new conflicts between agricultural and nonagricultural interests, the County will not designate additional areas for Rural Residential use except when a proposed change advances or protects another General Plan goal better than an agricultural designation.

GOAL 10: Prevent new conflicts between agricultural and nonagricultural interests while recognizing the rights of property owners in existing Rural Residential zones.

Objective 10.1: Prohibit the designation of new areas as "Rural Residential."

Policy 10a: Maintain but do not expand Rural Residential zoning in the communities of Grangeville, Hardwick, and Halls Corner, and in rural areas of the county.

Policy 10b: Protect Rural Residential zones from encroachment by potentially conflicting intensive agricultural uses by the use of the Limited Agriculture land use designation as a buffer.

Objective 10.2: Allow the development of areas designated by the General Plan and zoned Rural Residential.

Policy 10c: Permit minor development intended to make more efficient use of the land in existing Rural Residential zones, within the limits of the available services.

Policy 10d: Consider exceptions to this prohibition only in those instances where a Rural Residential designation clearly advances or protects another General Plan goal better than an agricultural designation . Assure that residents of such areas are assessed for the cost of additional service through zone-of-benefit assessments commensurate with the additional costs incurred in delivering services to locations not contiguous with existing urban, rural community, or rural residential areas.

C. Floodplain Management

Kings County maintains a floodplain management program based on information and maps published by the Federal Emergency Management Agency (FEMA) showing local areas subject to flood hazard (see Figure 11). Figure 11 shows the general floodplain areas as they exist in 1993; however, the latest published FEMA maps are the basis for applying floodplain management policies in Kings County, as implemented through Chapter 5A of the Kings County Code of Ordinances (Flood Damage Prevention).

IV. POLICIES FOR OTHER LAND USES

A. Hazardous Waste Facilities

Efforts to decrease the production of hazardous wastes help lessen the burden on existing hazardous waste management facilities, but additional disposal capacity is expected to be needed in the future in Kings County and throughout the state. For this reason, the Kings County General Plan was amended in 1990 to include the Kings County Hazardous Waste Management Plan (KCHWMP), which identifies policies as to specific sites and siting criteria for hazardous waste facilities. That document is not rescinded and is included herein by reference.

The KCHWMP describes the capacity of the Chemical Waste Management, Inc., Kettleman Hills hazardous waste management facility, located in Kings County near Kettleman City, which accepts hazardous wastes from most of the counties in California. It has adequate capacity for current operations.

The KCHWMP also identifies Kings County criteria and procedures for siting any further hazardous waste facilities that may be proposed. Such facilities are to be located in areas designated Heavy Industrial or General Agriculture (see Figure 3 and Table 12, for locations of lands so designated).

B. Mineral Extraction

Oil and gas production in Kings County has diminished over the past 25 years, and this trend is likely to continue. Oil and gas companies have in the past successfully restored wellsites to their original condition after use. They are encouraged to continue this practice. If they do not, the County will develop regulations to ensure proper wellsite restoration.

There are no other types of mineral extraction in Kings County, except for excavation from "borrow pits" for sandy material used in road construction.

Previously, the only mineral mining operations in the county were a gypsum mine and an open pit mercury mine, but they have ceased operation. Open pit mining is regulated by the State Surface Mining and Reclamation Act, which requires a local permit and a reclamation plan. These requirements are implemented through the conditional use permit process of the County zoning ordinance.

C. Storm Drainage

In order to protect property from stormwater damage, Kings County maintains existing storm drainage facilities and requires storm drainage facilities in new development.

County policy as implemented through the "Kings County Improvement Standards" requires that new development in rural communities be consistent with existing Storm Drainage Master Plans.

It is also County policy that new development in the unincorporated urban fringe areas of Corcoran, Hanford, and Lemoore be consistent with those cities' existing storm drainage standards. Since the City of Avenal does not have an urban fringe, County floodplain management policies apply to areas outside the city boundaries of Avenal.

The County requires generally that, if a storm drainage system exists, developers connect to it. If a storm drainage plan has not been adopted for area services, developers are required to enter deferred agreements for the future construction of storm drainage improvements, and construct onsite stormwater containment facilities in the interim.

D. Public/Quasi-Public

The Public/Quasi-Public land use designation identifies sites which serve the public and are owned or operated by government agencies, non-profit entities, or public utilities.

Permitted uses include parks, schools, libraries, governmental facilities, cemeteries, airports, hospitals, sewage treatment plants, and waste management sites. These sites may be located in rural, urban fringe, or rural community areas (see Figure 3, and Table 12, for locations of waste treatment and disposal sites).

E. Areas Outside Kings County Jurisdiction

Land within the boundary of an incorporated city, the Lemoore Naval Air Station, and Santa Rosa Rancheria are outside the jurisdiction of this General Plan.

F. Other Non-Agricultural Open Space Uses

The agricultural area of the county may provide appropriate areas for certain predominantly open uses of land which are not injurious to agricultural uses but which may not be harmonious with the more densely populated urban areas of the county. Such uses may include waste management facilities; wastewater treatment facilities; and communication towers, antennas, and satellite dishes. Such activities shall be regulated as conditional uses.

V. IMPLEMENTATION

Land Use Program 1:

Publish informational leaflets detailing County zoning regulations, for distribution to the public.

Land Use Program 2:

Bring the Zoning Ordinance into conformance with General Plan policies, as follows:

Consider changing zone district boundaries, or relying more heavily on administrative review rather than on the conditional use permit process, in order to streamline the planning process. Retain the opportunity for public review and comment on potentially significant projects.

Amend the Zoning Ordinance to include new zone districts "AG-20," "AG-40," and "Public Facilities." Rename the former "Light Agriculture" zone "Limited Agriculture." Eliminate the zone district formerly known as "Exclusive Agriculture."

Apply the "General Agriculture" (AG) zone to areas so designated on the General Plan map, with minimum parcel size as indicated (e.g., AG-40). Permit, or permit subject to administrative action, all agricultural uses in the AG zone. Require Conditional Use permits of all livestock concentration activities, agricultural service industries, agricultural airports, and other commercial operations which are now permitted, or are permitted subject to administrative approval, in agricultural zone districts.

Apply the "Limited Agriculture" (AL) zone to areas so designated on the General Plan map, with a ten-acre minimum parcel size. Permit new non-intensive, temporary agricultural service activities and uses, such as kennels and veterinary hospitals, to locate in the AL zone. Do not approve uses for new livestock animal concentrations or nuisance-producing agricultural service industries within areas designated "Limited Agriculture."

Specify the criteria for permitting the division of property for nonagricultural use in areas designated AG and AL. Consider minimum parcel size, length of property ownership, and required degree of consanguinity for recipients of gift parcels for homesites and life estates. Require environmental and agricultural evaluation of the proposed division.

Amend the Zoning Ordinance to eliminate the zoning permit granted by Administrative Approval. Process permits for these uses as either Site Plan Reviews or Conditional Use Permits, based on whether the particular use is subject to review pursuant to CEQA. Generally, those uses which do not require CEQA review should be processed as Site Plan Reviews, and those uses requiring CEQA review should be processed as Conditional Use Permits.

Define "residences or farm employee housing incidental to an agricultural use" as those units occupied by households deriving at least one-half of their gross income from agricultural sales or labor.

Remove airports and heliports from the list of permitted uses.

The minimum parcel size in the "Rural Residential Agricultural" zone district shall be 20,000 square feet although a larger minimum site area may be required to comply with environmental concerns, building codes, or improvement standards. However, the site shall be not less than one acre in size if both individual water supply and individual sewage waste disposal systems are to be utilized on the site.

However, retain the provision for smaller lot sizes of the existing "Rural Residential Estate" zone district for application to rural residential subdivisions employing a public water system.

Eliminate the existing "Urban Reserve" zone district and apply specific zoning that is consistent with the Land Use Element, but initiate more stringent review of development proposals to ensure compatibility of existing and proposed uses and conformance with adopted policies.

Land Use Program 3:

Modify Agricultural Land Divisions to include Declarations of Intent, Acknowledgment of Penalties, and Joint Management Agreements, similar to Williamson Act procedures involving divisions between family members.

Land Use Program 4:

As expressed in Local Agency Formation Commission (LAFCO) "sphere of influence" policies and as required under state planning law, continue to consult with cities and community services districts concerning development proposals which may impact them in the long term. Seek referral from these agencies of their projects which are likely to impact the unincorporated fringe or the entire county.

Land Use Program 5:

Continue processing flood zone applications pursuant to the County's Flood Damage Prevention Ordinance.

Investigate application of a floodplain zone to areas identified in forthcoming Office of Emergency Services "Inundation Maps" and U.S. Department of Housing and Urban Development "Flood Prone Areas" maps. Revise land use policies if new evidence of susceptibility to flooding is received.

Land Use Program 6:

Modify the Agricultural Preserve (Williamson Act) program by designating areas of prime agricultural land subject to premature urbanization within which preserves will be actively encouraged. Ensure that this modification does not open new land to development without conducting a review of the General Plan.

Land Use Program 7:

Review annexation proposals to assure that they are consistent with community service district and urban sphere of influence boundaries, and with General Plan land use designations.

Land Use Program 8:

Review proposed capital improvement plans for consistency with adopted General Plan policies.

Land Use Program 9:

Conduct an inventory of all County departments to identify regulatory requirements associated with the land use permitting process, including the appropriate contact person and their statutory jurisdiction.

Land Use Program 10:

Conduct a specific study with the City of Lemoore to address the area bounded by Houston (D Avenue), State Highway 198, and the Lemoore Canal. This area is a community entrance which historically has not been uniformly intensively farmed, and includes small lots and "spot" zoning.

Land Use Program 11:

Prepare an Agriculture Element to be integrated with the contents of the Land Use, Open Space, and Resource Conservation Elements.

Land Use Program 12:

Conduct a land use study of the land on the east side of State Highway 41, between 1/2 mile south of Grangeville Boulevard and the Kings Rest Motel (south of Halls Corner), to determine the best land use designation for this area.


Table 12: Kings County Waste Sites

Figure 3: Kings County Land Use Map

Figure 4: Land Use Map of Corcoran Fringe

Figure 5: Land Use Map of Hanford Fringe

Figure 6: Land Use Map of Lemoore Fringe

Figure 7: Land Use Map of Armona

Figure 8: Land Use Map of Kettleman City

Figure 9: Land Use Map of Stratford

Figure 10: Land Use Map of Grangeville

Figure 11: Kings County Flood Hazard Areas