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HomeMy WebLinkAbout79-10,' r' n' P �, .i ���' ,.h .i v Y . � 0 �• �., '. ��, �, • � '• ` z1bt''r�.'` �' ,r ].3U'] TH COUNTY PLANNING COMMISSION MINUTES - August 21j 19718 DISCUSSION .. $' do Yapd, Setbacks and, ` Ilat Sl ould be Allowed in _, Setbacks Mrs, Blair revlewed briefl)r her Reno to. t is the fact that tjji, Con�missi-oners, dated iiu lding D'�"Da.rtment August is asking 110 1978,`and empbasized for direction as to what should,, or .should 110t, be a, owod in the setbacks it was ixnanimousll agree that this matte► Should Comma_ss ono,, � t ne kit: continued cy r . ` ,dy a this until problem, opt tuber 20 to gimme t Ile r;. ]Wl"Tt COUNTY PLANNING GOWITSSTON MINI1TP,18 r iVoveluber 29, 197& Iv. A ,ST11P, ARD gB-LACKS - FILb 79-10 Mrs , Malt repovted that Jim Glander who was to rc•pt!�Sent the Departwekzt of Public Works was unable to attend this meeting. Staff was insttuc'tea to place this matter back on the agenda when it is convenient for him to attend: i` _6- BUTTE, COUNTY PLANNING ` COMMISSIOAT MINUTESday- 2,, 1979' 79-'72`-2:_ 72 A. SIDEYARR SETBACKS, Study with Jiro Glandes of Public Works IUepartment (File 79-10) Mrs. Blair turned this matter over to Jim Glander who reviewed: the problems faced by the Building.. Department due to the Jack of direction as to what shctld be allowed in setbacks. The following. memo to the Planning Comm=ssion, dated August 11, 1978 summarizes the problems. There is a requirement kri,thin all--excepting the commercial--?oningdistricts for side yard setback, varying from 5 feet. to 5o feet.: T he question from staff results from inquiries from the Department of Public Works -Building Division, on the exact definition of a side: yard and t•:hat is or is not allowed within the side yard. The Building Department is currently 3 allowing mechanical equipment, i.e. pad-mounted heat=_"ng and- air conditioning; units, or other mechanical equipment to be located. in the side yard areas. in some instances, the equipment .ill be within inches of the property, line. Also,. swimming pool. equipment such as filters _s r etc., often are located in the side Tar Pumps, electrical risers, to yard"-area area contiguous to; the side Iota Line and property otY-ners then construct a 'pump house" around this area for-their convenience and additional storage-. Additionally, fireplace structures are often allowed within the setback area with the 5 ft.- side yard line being determined by the exterior wall of the.structure; in this instance,staff believes that the chi,nney, or fire place is,clearlya - part of the structure and should' not be allowed within the setback area,, but, again,, a Commission recommendation would be desirable. Mobile home utilities are currently installed in the side yard area. These differ from the standard utility connections on conventwonal residences inasmuch as a riser must be installed, for the electrical umbilical of the mobile and azso risers must- e installed for4 the LP gas or ;natural. gas connec- tions and. the mounting of me ers for said facilities. These,, for reasons of connection construction, nust be located at 'least 18 to 24 inches' away from the mobile itself. Therefore, the mobile is usually located 5 feet from the side. yard Line resulting. in the utility risers being located within -the setback areas. Yi Swim=ming pools, �- decks,, et walkways, et-- ,are integral parts:. of .swimmn struction and constructed are being conucted in being sdeyard setbacks. Staffl would comment that aslong as these walkways, decks,. etc. are maintained at grade level that this would not be a problem, but the installation of the above-ground facilities could: well restrict the Iiggt, air and access- ibility to parcels.. Eave overhangs - These are curse,yr allowed 2 ft. into the side yard setback although they aret itein thewould not be concerned aboutreave.overhangs inont theyside.-yard setbacks.. The basic question is:: 'What should be allowed in a side yard? if there are certain_ facilities, utilities, etc. that--in the COM-mission f s opinion-- should be allowed we would like this as an official recommendation, for example: side yards are to be free of any buildings, edifices, structures, etc. excluding possibly concrete slabs, decks, etc.-.at-trade level. Daring the ensuing. discussion it was g structons exce * generally agreed that no oh- p., walkways should be allowed. Motion vas .made-by f Commissioner Gilbert, seconded by`Commissioner Bennet ,- staff to pre are to t, to instruc- P guidelines ,.change the code -and bring them backrto the Commission for review prior to satting a public hearing., AYES Commissioners Gilbert, Lambert, Bennett, and Chairman Wheeler. NOES No one. ABSENTS Commissioner Everhard. Motion carried.. 330ARD OF SUP4, RVISORs MINUTLs SLOPT nn 111 1979 , 148$ ADOPT ORDINANCE 2045t PUBLIC HMA11111 £t BUTTS COUNTY PLANNING CORRISSION PROPOSED ADDITION To BUTTE COMITY Co1iu, CHAPTER 24 TO INCLUDE 08FINIMNS rOR 11SIDE OR REAR YARDSii The Cl� Butte Planning siproposed Addition to Butte County Codoi Chaptr24,toinclucnlefinitions for IiL, s dA or Rear Wards'' specifically sl) -section Would read as follows: "Areas which extend a sgpecifie�.i distance from side or rear Lot lines or which are not to be occupied by buildings t accossory builditigs, fireplaces, utili-ty connections or other vtructure8 or ogaipmen.t extenai.ng more than 1.21+ above around leva'l.11 was held as adverti ea, Bettye Dlair, planning director, set out the bacground of the propooed change. Thio. item is nob subject to CFQA. Hearing open to thn publidi Appearing: No one.; Hearing closed to the 1,ubl.ic and confined to the Board, On motion of Supery jor Winabon, seconded by Supervisor tAeeler and unw-Limously oarried, the addition to Eut to County Code, Chapter 24j to include defihitions to H3ide or Rem, Yards" specifically subsection 24-91.k5(a) -that troulct road as followst. HAreas which extend a,cpocified distance from side ;or, rear lot litho and which are hot to be occupied by buildings, accessory buildings, fireplacos, utility connect3.ons or other structuros or equipment e ttendixlg more than 1211 above Ground levelill Was approved; ordinance 204$ was arlc pte�I and tLe Chairman a: r,14 z=ed to sign: ' ■ram .... BUTTH COUNTY PLANNING COMM18SION MINUTE'S y April 16, 1980 r VT'. MISCELLANEOUS _ A side yard Setback Ordinance (File 79-10 �f1-57�1�55 A memorandum dated March 26 1980 from staff: to the Commis.�ion,, entitled, "bide yard and variances to specific types of equipment allowed in the Y. side yard", was reviewed and attention was called to a letter from PGF. dated :November 7, 1979 to Clay Castleberry which had been attached to the memo to the Commission. After discussa.on, it was agreed that the ordinance was a good one and that no changes need he made. .7- y am; 4,R) SIDE YARD SET BACK ORDINANCE TO BE SENT BACK TO PLANNING COM11$81M FOIL, REVIEW AND RE-DEFINITION AND TO WORK WITH THE THE ORD, UTILITY THAT �PUBLIC C UTILITY EASEMCNT p"ItEVAIL TO ER REWRITE' D W0M(S AND COUNTY COUNSELS OVER SIDE YARD SET BACK FOR PUBLIC UTILITIES � ONLY ! Clay Castleberry, public works director, stated that there nd is a problem with the aide yard setback orivatnpower ei hpole is rwasaplaced �.n prohibits {' structures. There is a probiem whereP the setback but on the public uti ity easement. Supervisor Wheeler statedthisance thdi ante s causing problems in being in the side yard setback area, not. ectur§. d y� ole as b ins - y , The seen to the power p g the count In this articular ordinance is creating problems for. g pole would have to be moved. This the utility companies as well. # el, stated. that there we're very Dan Blackst;ock county couns had been passed. few public utility easements granted after the ordinance The ordinance has a number of mechanical eut:s- Theeasementpublic u sl�4ty easements are not the only problem public actually a use of the round and this use pre-existed the ordinance.• es The reason the ordinance. was 'riginall�i�or�nd�tioners and �other hstructur g ; were d number of complaints rLgardin� problem occurs in being placed within the fire-foot sicL yard. This p " the urban areas. The putting of fences in the side yards setback is also not allowed with this ordinance,. Renee ,7olivat, PG&E, stated that their company was also having There are o problems besides-public P Cher noble roblems with the ordinance. Utility easements, seconded by Supervisor Moseley On motion of Supervisor feeler, land carried; the side yard setback ordinance was sent back to the Planning th Commission for review and redefink i h CduntyhCounselsonnthe orewriting h 1the utility companies, Public Tor 1 and the 0f the ordinance to make it much more acceptable to aPP Y> oBoard concurs that public utilities easements pxevaiL over the side yard Setback for public 'utilities only BOARD OH SUP13,tZV'TSORS' - MINUTES June 10,0 19$0 SIDE YARD SET BACK ORDINANCE TO BE SENT BACK TO' PLANNING CONtgiiON'F.OR REVIEW AND REDEFINITION A" TO WORK WITH THE UTILITY COM ANTES, PUBX,IC WORKS AND COUNTY COUNSEL TO REWRITE THE O12DINA "CE: CONCUR THAT PUBLIC UTILITY EASEMENT PREVAILS OVER SIDE YARD SET BACK F'OR PUB ONLYLIC UTILITIES --� � Clay Castleber x'Y,, Public'works director, stated that there is a problem with the side yard setback ordinance. This ordinance prohibits Problem structures. There is a where a private power pole was placed in the setback but on the public utility easement._. Supervisor Wheeler stated this ordinance is causing problems in the county. in this parti.tular instance the county inspect not green tag the ower p pole aa being in the side yard setbac"t area: The P61 would have to be moved, This ordinance is creating problems for the utility companies as WjBil. Dan Blackstock, county counsel, stated that there were very few public utility easementsgranted after the ordinance had been passed.' The ordinance has a number of mechanicalems. robl easements are not the onlyp The public utility problems. A public utility easemerit is actually a use of the ground and this use pre-existed the ordinance: The reason the ordinance was originally considered was because there, were a number of complaints regarding air conditionersandother being placed within the fi,"ve-foot side structures .yard:. This problem occurs in the urban areas. The Flitt:it g of fences in the side yards setback is also not allowed with this '_r&,nance. Renee Jolivet, ;p G, ,tated that their company was also havi problems with the 'ordinance ig Y e are other problems' besides public unlit easements: On motion of Supervisor Wheeler, seconded by Supervisor Moseley Commission f the side yard setback ordinance was sent tad!, to the Planning land carried or review and redefinition; with the Commission to work with the utility companies, Public Works and County Counsel on the rewriting of the ordinance to mako it much more acceptable to ap] , and the Board concurs that Public utilities easements prevailover the side yard setback for public, utilities only, BUTTE COUNTY PLAIN, ING COM-USSIO:V IIINU%ES July 23, 1980 SIDE' YARD SETBACKS (File 79-I0 It: was explained that the question of side yard setbacks had be_x brought up at the Board of Supervisors' meeting and that someone from P G & E had beep invited; to attend this meeting tonight. Ms_ Renee S'. .7'olvette presented the following letter to the Commission. July 21, 1980 Ms. Betty Blair Butte County Planning Commi ssi ^ i 7 County Center D -1 -ti Oroville, CA 9595171 Dear V.s. Bl afi-;, On June 10, 1980, the Butte County Board of Supervisors requested that ,Ordinance No. 2040' be reviewed and -rewritten by they Planning Commission,, with. the assis- tance of the utilities,, County Counsel and the Department of Public Works. We - are prepared to meet with -County staff to d-i'scuss. the reworking of the Ordinance. As was stated: -in our -November 7, 1979 letter to Mr. Clay Castleberry, and at the .lune 1O Supervisors' meeting,.the alternatives to placing a utility structure � - in a five-foot sideyard are often limi ed to - 1) Placing the structure ina driveway where it poses a safety. hazard. 21 Placing the structure directly in front of a building, where it de tracts from the appearance of the property. 3) Placing the structure behind a building, thus 'increasing the price the owner must pay to establish electric or gas service. 4fe recognize that residential maters which intrude into the sideyard are currently being informally exempted from enforcement under Ordinance Na. 2040. however,, vie eT that this should be explicitly stated in the Ordinanceso that: the prat -ice will be alTowed owed to -con nue in. the fluture. - We al sa recommend that. staff administrative procedures be established to ac - co mm odate persons who, far safety, ecanomic, or aesthet«c reasons, find it - impractical to comply with Ordinance 20Y0 as it pertains to PGandE faci'litaies. Such provisions should reduce the number of costly variance requests which are brought before the Board." Questions regarding this ratter may be addressed to me at 343-5521 extension 13 on to his- Renee S. Jol ivet te. ? cf, BRIAN 'c. BATCS 0t2 Nfar feting Supervi _ i ,.: -------- It 3—It was,agreed that a committee would be appointed to work with staff to study this problem.. Commissioner Wheeler questioned t-thether permitting P'G�E nstallations Commissioner in the side yard setbacks would not be preferential treatment.. J.-9340 a � *�c WP 531 PLANN114G COMISSION DIRECTED TO HOLD'HEAR Z`1GS ON THE PROPOSED AMENDMENT T0, THE 20NING ORDINANCE TO A LOW_UTILITY MTERS IN THE SIDE WARD SETBACKS clap Castleberry, public works diredtori asked that the Board consider allowance of electrical and gas utility meters in the side yardr:; setbacks, This has been a problem and the present ordinance does not allow the meters in the setback area. They have had a problem with the utility IDp p yrs on the property line rather than in the:, companies wanting to put the 'met center of the property. He felt" that as long as there is access icor fire, the utilities meters could be allowed inside the side yard 6atbacks. It was ;moved by Supervisor Saraceni� seconded by Supervisor: Fulton g that the Board ay.low for the cHan a in the ordinance for the sie yard setback. mr Castleberry stated that thz Vlanning Director had written a memo to the Board dated Jariiiary. 8, 1982 regarding side yard setbacks. The Planning Commission appoin'erd a committee to1. study the reque;fit of the ME representatives and it, cras the opi:r lon of the, committee that it would be p p with the committee's grantinge spatial r vile e. , The c �tmi.ss3on cnrcurred findings Steve Streeter, planning departm6nt, r-LAt the l?lahni:ng Commission f would probably agree with their earlier detis or, but, the request for re consideration should certainly go to them. net Siemsen, county counsel; questioned what the motion reflected and advised that it should ref fact that the Planting Cotnmi ss an was directed to hold hearings on this matter. , Moti.aa amended to reflect: The Planning Commigsion was directed to, hold hearings on a proposed amendment: to the zoning Utility metor in the side yard setback areas. code to allow �� Got:e on mat .oa AYES. Supervisot's Dolan, Vultori, Moseley, 59r44eni; and Chairman i,�heeleir NOES: None; M.otiou cnrr3.ed hOAIII) Or- 8VPP,RVI50RS MINUTrj8 iJarth 230 1;o8 l„"',.----- iiUTTh COUNTY PLANNING'COMMISSION MINUTES - May G, x,982 B. Butte #County Planning Commission Code Amendmentto allow public utility f acilities Within the �,ide and rear Card setback areas in a'1 zones in the unincorporated portions of Butte County, Mrs. Kircher called attention to the memo ;'rom staff dated .April 29, 1)82 giving the history of this project--partical,arly noting the neat to the 'last paragraph which stcktc s r On December 16, 1.981.0 CommissionerWheelerreported to the Comb:, i ss �:on that in amending the definition ordinance 1 or side axed rear yards to accommodate the installation of meters Would be granting a special privilege and the committee recommended against such, an amendment. The Commission: concurred ��ith the 4.. ;nmitteO s c Motion was made by Commissioner Marc, seconded by Commissioner Schrader, and unanimously carried to confirm their Former recomme'n.dution not to allow electrical and. gas metiers in the side yard setback areas because to do so Would be granting ,a special: privilege. g1111� d i ,1042 ADOPT ORDINANCE, 2290.; PU11LIC OARING BUTTE � OUNTY` PLE►OTNIVIG COMIS91ON CODS *` AleNDHENT TO ALLOW PUBLIC UTILITT FACILITIES 91THIN THE SIMI AND REAR YARD; SETBACK AREAIJIN ALL ZONES IN THE UNIN�CORPdiRA.TEri POR�TIOIS 01BUt1'T: COUNTS t, r�The p%iblic hearing ora Btitte_ County, Planning Coumit sion rode amendment' I o allow- public utility facilities• withip. the sl,de and rear, yard.,4etback. areas in all zones in the unincorporated portions of butte County was held, as Advertised.. Clay Cdstleb.erry, ;public works dir.ator, set _out the background� of the request by :the .utility companies. to have their facilities urlfthin the I side .and rear yard setbacks. Bettye Kircher, planning di.rectox, set out the backgroui., of the concerns that had been raised about the side`yaid setbacks: 'there were hearinIgs by the Planning Commission that carie forw7.rd to the Board and the requests were denied. The Board agreed to the commission recoimtenda- tions. Subsequent to that, concerns were voiced to Public Works and the Board eli;rected that the Planning Commission go back intoobearings. The Board has received recommendations back from the commission. Hearing open 'to the public. Appearing Ed need, electrical q engineer�£or PG&E. Mr4 Reed was concerned in giving the customer a place U to out the electrical meter without having to put it in the front- yard. They do not allow meters in the rear of the house because of meter reading problems. Hearing closed, to the public and confined to the Board. A G On motion o£ Supervisor Saraceni4 seconded by QUpdrvisor Dolan p y facilities within the side and rear ° and setback areas in all zones in and carried the,amendmeat to the code to allowublic util y the unincorpora;Ced port-ions of Butte County was approved; Ordinance 2290 was adopted and the Chairman authorized to' sign. AYES: supervisors bblanRulton; Saracen .k., and Chairman Wheeler. ABSENT: Supervisor Moseley. - � i i ,l BOARD OF aCJMV''ISORS MINt'C�S June 921 logtL �e � ►� eimprooduro tar P:Lianning GaDe rtmez#r. � rnoW Department of Ptfbl,,�p Works s nuo.stdn rive (5) ft. Zoal,;i,n. Sidayard Rc2ui :re►nent DATE: Ma,y 5, 1975 We have recently been plagued with requests to permit or not to ,permit. various types of encroachments into the five (5) ft: sideyard abutting houses and mobile homes.. The interpretation of our %s;ffice in the past concerning the five (5) ft. sideyard has been that the ku: lding wall must be ]ocatud no closer than five (5) feet to property eine.:, but tae have permitted a two (2) ft , eave overhang siriailar to that p64mitted L,,! the 50' building setback from the center line of the road. The zoningordinances are silento however, about many other things and we need clarification imme6J.ately from the Plannin,,_, Commission and/or the Board of Supervisors regard:.hg what i.s of is not permitted Within this five (5) ft. si.deyard �. E'ireplace 2. Heating and air c J.iti ging equipmerkt (normally pad mount) 3. swamp coolers or order window mounted equipment 44. Mobile home stati wi (watcr, sewer and gas risers and power pole) 5, items associ.ated Arai' h Owimming pools such as pool wall or structure itself, wood and concrete decks, diving boards, electrics pumps anrt pool filters, etc: 6: Water, wells, i.rnc,luepng pressuve tank, i suggest that the ordinance; clearly state what is or is not: permitted 5`ince the ordinances, as eXi,s"til,ago do not specify, I believe this office for the pr'e'sent has no choi,Lct J)ut to permit all of the above encroach- dents into the five �5) ft, ,rideyard , g �n er-Depurtmehl°cel Memorandum r � Planning Col)uni! siar - FROM: Bettye Blair) Interim Planning Director su�,i cTi Side "Yard Setbacks and What Shottl;d be Allowed in Setbacks DATEI August 11, 197$ There is a ,regttirement within all --excepting the commercial-yzoning districts for side ya-,i setback varying from 5 feet to 50 Feet.... T he question from a gaff rosu].ts front inquiries From the Department of Public Works-1#ui.lding DivsaoiY, on the exact defini`t:.on of a side yard and what is arliic not a1,1OWed within the side yard, The BuiLding Department is currently Or r �.,� wing mechanical equipment, , e. units, oi" otter mechanical equipmentpto�beulocatnted ledai,nnthensider conditioningas. ` yard areas. equipment will be within inches of the property line, Also, strimming pool equipment such as filters, ),untps, electrical risers, etc,, often are located in the side yard area contiguous to the side lot line and property owners then construct a " for their convenience and additional storageump house" around,this area Additionally, fireplace structures are often allowed within the setback area with the s ft, side yar,l line being determined by the exterior wall of the structure; ,n this instance,stai;t✓ believes that the chimney;, or fire place is clearly a part of the structure and should nowi 't be allowed thin the setback area, but, again, a Commis3io.n recommei,aation would be desivablo, diff.e Home utilities are currently installed in the side staffer prom the standard utility connecti on Gonven+ yard area. These .�ional residences inasmuch as a riser must be installed fot the electrical umbilical of the mdhile and also risers must be installed for the LP gas or natural gas c�onnec" tip as and the muunting of meters for said facilities. These, for reasons of cr�rinection construct ion,must be located at least 18 to 24 inches away from, the incLile itself. Therefore, the mobile is usually located 5 feet from the side yard line resulting in the utility risers being Located within ,the setback areas,. 5wi.mmn r g Pools) lvalkwa�,s, decks, etc. are integral, parts of swimming pool construction and are be.i),; con;3tructed would Lomin th5e s,de and setbacks. Staff inertt that as loris as . liese walkways, decks y etc. are maintained p i the rade level that this t+oul�� not, be a roble'm, but the instaliat+,on of g ibilityIto rarcelsoUnd ao�l�ties round well restrict t}Ze light, air and acces8= lraVb overhangs These"rin t o � ft �, }"� z . Yard setbacAs► into the s , de yard setrack although the, are a lloiged 2 would not be concerned about eavo s Staff. he front oti crhang,5 i.n the �icle yard. setbacks ,k later-Deportmemtal Memorandum t, FiiAMt d y, SUBJEc7: �nrc: August 11, 1978 Page 2 The basic question is'. "What should be allowed in a side yard?" If, there are certain fac7li+wcs, utilities, etc. tbgt-:-In the Commissions opinion— should be allowod we would lake this as an official recommendation, for example: s°;de yawls arc to be free of any buildings, edifices, structures, _ etc. excluding possibly concrete slabs, decks, etc m at grade level. IWI hd aa Inter - w M' ea�o. �emoran um ros Planning Commission F csn„ Bettye Mair, PlaniUng supdrert ;gide 'Yard ;Se .backs DATro May 7 , 19 7 9 After considerable discussion of what should be, allowed ~,n side yard setback area, the Cormnission instructed staff to prepare changes in County Code provisions to dei:ine dust what a "side yard" is and to proh�i,hit any above ground structures in such areas-. To that en,d, we propose that a sub section 24-21-41. (a) be added to the c i T -in: tions soctioi ' of the zoning ordinance which, would be entitled, "Y"ard, side or rear", "Rear yards" s..ould be included in the de finition the setback distances being identical Ila a:71 zones :for "side and rear yards". Additionally the minimun standard setback in Section 24-3.3 "Site Requirements" applies to both "side and rear yards"'. The proposed new de init:io-ii V,toulcl read a$ :folloly 10,4-21-45 ('a) Yard, side or roar: Ureas which extend a ;^pecified distance from side or rear lot lines and which are not to be occupied by buildings, accessory buildings, fireplgces, utility connections or ogler structures or equipment extending more than lZ" above ground level tr Wild i, t Mer-Departmental,raomoranPum rat Earl Nelson RHomt .Kyle Bi tterwick SUBJECM Side Yard Setbacks oa,rCs May 21., 1979 The Planning Commissionattheir meeting on May 16 1979,, tothe definitions a, staff recommendation which would add new lan�xage supported a staff recamme section of the zoning ordinance related to "side or rear yards". Spocifically, sub section 24-21,45 (a) woi%ld read ns follows: "A±,eas which extend a specified distance from side or near lot bines and which are not to be occupied by buildings, assessory buildings, :fireplaces, utility connections or other structures or equipment extending more than 12" above ground level." To assist your office in the environmental review of this pro ject, l am enclosing a staff" memo to the Commission, dated May 7, 1979 which explains the recommendation. Al.soi enclosed are Planning Commission minute, on this subject. We will, schedule public hearings on this matter 201!owing your determination Please contact thio oi'fic.e should. you have any questions. KBnw Enc-losures Ba er- apart sn" I; r'Memorandum 'rot Bettye Blair, Planning Director FNOW Earl b. Nelson, Environmental Review Director SUBJECT, proposed Change to Sub Seotion 84-21_L�5. (a) of the Butte County Zoning Ordinance Clarifying the Definition of Sade or Rear Yards pnrr June 13,? 1979 �'lais2ls l��gepertainin onse to atoeaorrodosedfrom ehanyeeiRnuthe ick dated May g proposed g Butte Cou: ty Comprehensive Zoning Ordinance which would. add language clarify- ing the definition of side or near yards. have conferred with Del Siemson Deputy County Counsel, on this matter and we concluded that the proposed change is not subject to the requirements of the California Environ.menta;l. Quality Act be- cause it does not involve an approval which could lead to physical change in the environment. Please note that the proposed change. is not categorically exempt but rather is sitply to be treated: as a change to which CSA; does not apply. Therefore, no environmental review is necessary and the proposed change can be scheduled for hearing by the Planning Commission at your convenience6 l hope this information not helpful to you. If you have any questions, please do not hesitate to contact this department. Sincerely, ' Earl b. Nelson tnv:'i.ronmental Review Director OU40 Co. l+lanhing comhY .JUN 14 197 Orov11131 (�aliforhi t NOTICE NOTICE I$ TIBREBY GIVEN THAT THE BUTTE COUNTY PLANNING COMMISSION will hold, Public hearings on Wednos4ay, August 8,; 1979, to consider.- Butte onsider:Butte County PlanningCommission A(Id'Ition to the Butte County Cade, Chanter 24, to include dePinitions .hoc "Side or Rear Yards", Specifically Sub Section 24-21.45 (a) would read as follows; "Areas which extend a specified; distance :From side or rear lot ,iines and which are not to beoccu�,ied by buildings, accessory bualdinls, fireplaces, utility connections or ether structures or equipment e,ctenc inmore than 1211 above ground level. r, The meeting; will be heldin the Board of Supervisors' Room.. 'Butte County Administration Building, 1859 Bird Straet Oroville, California and is scheduled to began �t 70-30; m, TIL•"TTYE BLAIR, DIRECTOR OP PLANNING TO BE ML18M IN THE OROVILLn MERCURY, CHIC.O DNT8RPRTSb I't;C' ORI), ANTI THE BIGGS NEWS ON THUR8DAY0 JULY 26, 1979. AND TOB I3 27, 1979 � h PI�l3LISf�RD IN THE PARADISE POST AND GRIDLEY NFRALD ON i TRIP Y, �`O I septmber 2101979 'Pacific Gas & vulactric Co. P.O. 'Box 49 Cty ico, CA. 95927 Pacific 008 & =ectri,c Co., Ag.. ))utte County Ordinance 11.0i Ddx 771 Ado. 2044 Orovillo, CA. 959E"'nt� C p �oy,�yp�111i19C0' J Valley Contraotors ger hahse 1903 p4tk Ive. �. p Chico, CA. 95926��1§n�i�a Gelntl etnett With x0forence to the above nabjeut, attachad is a copy of this ordinates which x believe is self-dxplanatory. Please adviaa you:: personnel of these changed wthich become effective October 12, 1979. As you know, mnat of burte County is zoned with tip minimum of a rive (5) 'foot side- yard. This otdinaned will prohibit, in addition to the obvious structural intrucioins,: the fallowing items normally found within the five (5) foot sideyard L Swamp t6nlers, 'pad-mouhted heating and air conditioning uriitt , windnwr-tnou►ited air conditioning units. 2. Swii,Aing pool equipment. 34 utilic;y ae'%Ades, tneludilig $66 "d electric w6ters Should you have any quoationa eomcerning this, please co'ntadt we. Yours very ttuly, Clay Ctistlebdrry birds, tot of Public Wd,r"ks iartglrta! ignod by I F. 41ander J'V Glandar JFGI.dd Chief gu'ilding !no -dotor Attachment w, pwr cc; Chi:do Officd (` 10 aft, i) Orovi11e Of Tice ;, 1ai��ling; �epdriamranC wt o att. x, r ,Sc.�, ORDINANCE NO, 204 - AN ORDINANCE A4ENDINO rHAPTU 24 Op TNU IMTH COUNTY CODE The Board of Supervisors of the County of Butt e,State of 2 Cal ifornka DO ORDAIN as, follows 31 SECTION i, Definition. Chapter 24 of the Butte County 4 Cade is hereby amended by tho addition of the followirg sortion; 5 24-21.45 (a) Yard, side or rear. "Areas which ox,tend a specified distance Crow. 7' side or rear lot lines and which aro not; to 8 be occupied by building,s, accos.sory buildings, g fire'pla.ces, utility connections or ether 10 structures or equipment extending more than 11 1211 above ground level." 12 STICTION 2. This Ordinance shall be and it is hereby 13 declareO to be in full force snd o,ffoct from and after thirty (30) 14 days after the date of its passage, and before the expirdti.oft of 16 el-`i.fteen (15) daye after its passage, this Ordinance shall be is publishod once with the nmies of .the members of the Board ,of 11 Supervisors Voting fox and against. it in the crovi le Mercury 18 is newspO.petr published in the County of Butte, State of California, 20 PASM AND ADOPT D by the Board of Supervisors, of the 21 County o.f hutte, St:e:to of California.,, on the 11th day of September, 22 1970, by the following vote: 23 24 w 28, 40 II I 1 AYU s;.petvisoru Dolan, Moseley # Whee%ero Winston oad Qhaitiuu Lomke 7&­ s s pp q, TO; The Pla)ir­ing Commission t"otic BO ttye Blair, PlartnxnLr Depar. tri OTIt 5UBAzC;T: Side yards and variances to specific types of equipment 'allowed in the slide yard. nnrr: March -16, 1,J80 Staff has several questions regarding side yards and what 'would � or would not be allowed 'within that area. The questions most often asked by the Department,, of 'Public Works Building Division. -re regarding Structures that-, are less than 12 inches above grade • .nd. could, if so interpreted, conform to the, o,jdina.nce, examples are pools and spas. It world be Planning sta.f f i s opixla on that the pool/spa., or any st%,uctutal portion tliereof, i,e,, bond beata, coping etc., would not be allowed in the side yard but that decks and, accessories surfaces would be 411owedo this would not include the water suxrfaceli The question has also arisen regarding windo mounted aix condition- ing units and swamp coolers that do extend more than 12 inches above the grade and intrude into setback areas it varying degrees. SWimmi.ng pool equipment i.e., filters, timers, electrical services, etc., in staff's opinion clearly should not be allowed within the side yard areas unless laced below s'. ess p grade a:td. covered. We have provided -you With a copy of'a letter from the utility company, , Pacific Gas and Electric; stating concerns Y relating to meter cabinets, miters, etc. which do in' fact- extend into Side areas but in most cases do not exceed the allowable distance of' intrusion by ea.ve ove;rhAng. Staff vtaul.d comment that metet locations either' gas or electric for residential purposes ;-!culd.' be- an allowed use in the side yard atea that it was neither the coolmissions , or staffs' inte=nt to prohibit utility service meters., Y a r i J' ,r:4 a i -- - Sar! SALEM M STRF.r.t P. ti: 110 GHICpi CAtIPQt1N1A 95017 ', 4Q:E 34•5ro1 November 7, 1.97`9 szat3�n5" b. MU1,l,-1KlN' biV1�10N H1!1ACkR Mr. Clay Castleberry' Butte County Dept. of .Public WorPs 7 County Center give Orovlle, California 95965 Re: County Ordinance No. 2040 Dear Mr. Castleberry- Thank you for the 6pportunity to review and comment aboub Butte County Ordinance No. 2040. It appears that, this amendment to Chapter 24 of the Bunte County Code r,oul.d cause some hardship on developers or home builders because of costs to prov.i.de acceptable gas and elec— tric. meter l.ocat:ions,_ As you know,a majority of mek Nring equipment }las been located' do the side of buildings (espec:l.r,l,ly in subdivisions) with•art the set- back area. The main reason for this, of course, was to improve the appearance of the front of buildings. Because of the desil.re objectionablelocation, the tbuilder/owMeters nercould tleast visually faced be with addi- . ti.otaal costs as follows I Provide me:ter,,n.g cabinets (see Electric aitd Gas Service Require- menus book) section_ 2, _page 10 ;and section 6 page 2 )` to be able to :locate the meber,� on the; sided (if Lhe hu ilct'i1)l;' f'hy " �'C� iflCtl t i) o l o11d mil I t1 11-r' ii`ovV l ev I #1�'+' 1)I�ti"'i)tltt %t �.11 l �itt) `i', f hlt.'tl" r 1.IS'; (5'iJ'i of t1 :IL`tl i 1t 1 t1i. '� i 1 do yil)'1� "*1 'h'it k ,l rk.;k "ttlel tt.l 'tY an lot"ilt ion-atilll ' 1110 ft0110" ,oV (two lilt t if you behove tljrit: the eaclttsxoh of tlot'n.r`ing'. V(plIpment in, i.I1e set-back a.r ea shott:lti , e trrairt"irz the rode, the GOs1::+ l.,otltl be 'Y,,uduced by tfio following. 1. A116%4 flush meter s`ocke b;s, leaving only the el.oct'r,i.c meter In- t oudi.ng .i.rtto the sot-back arca and on,.y prov3"i.de a recess for the gar; meter 2. Recess for Loth gas and electric deters, but left opon (sztme as provi di rib mebt rx ihtl —abinet;, but no dooiis) . the ordi i i y "nanee has other, Y ama.fi7 c:at,ie.)ns be;;t.cie t;ltnso re.;t rlLctl bo otltry nt �t z^a r faalliti'eS6 The exclusion of Air conclii;it)ni.ng units in the sot-i acic %41-11 most li k'01.y r0,440.b in more roof 111OLt bed ttn t. sa:�1�:'0 ilit;t Vebrila Egou'I cl not 1 '.ke thouMLb- an tit hOP the front cit* rear{ yarL18. koof v16ut ted. units do add, kb bho V-imto,,1 1,;111ticb Of ctn ' The preferred location is art toutside of the boiildini, as ihustrafed'�igore IV. However, if no �7t`i5fiwtctory autsitic location is. }available, gas unci electricymeters may be installed together in all Few 1001 k3uoessible fecessed cabinet provided with a gastight partition sep�trrtting the two ntctors with the has �'°` eni,lt•isure vented to the otitside-, Examples or such suitable installations are Oimvn in VJqurt; 20. tJo electrical .tonnections, wch a� tate tdecrric s *ts arolanding electrode, lalepiwone 4iviha termination at An Cr�tional plastic window maybe lnstelled al}ieC 'patrintfia} sources of. iriitir?t5 ata permiticd in door for metra reading, within the Das meter t ncl rsurc, Lir •, l.,.J i~.. �.r.. ` ' - �13:1� .1 �---'..�: � •�. ter. � s.jw,,.. ' yr' • r• 2 6" INSERT See"ELECTRIC METERING GENERAL SECTION" for dimensional ' details. OPTIONAL SINGLE DOOR HORIZONTAL VERTICAL VERTICAL INSTALLATION Fig. 20- RECESSED. INDIVIDUAL METER BOXES HORIZONTAL fail VERTICAL t NOTE! re for real rete r, q osVie will be * red encl K 11 Cabinets shown a typ tsr instarlations, The minim m a ze of the; required determined by P.G.andE at the time the meter loca.,ion is determined: the face of the ort for % A 2" f" insert shall be inSEalled along the front inside edge of the gas meter enclasure'to provide Supp o be flush with ctaor stop, . s +/ Weather stripping or equivalent, ort PrSand,l s service pipe installation, The tap edge ofthe 2 x 6 !s t 3; If the optional single door` installation is used there must be partition separating the gas and electric meters, to remain gas tight When the door is closed. 4, Electric conduit may pass through thr: back of the gas meter section, If a gas tightseai is provided where conduit passes;through,eartition. 5. All cabinet floors shall have hinges to, Permit Opening to a fully open tiosit on (90 degrees lir moi e): erre 1^ ir/ 1 r rr t a T 1 n { II I di.,n.�.ty. .r.:......r.yj 'w,.�K:.y �.,i.. K4. �•Y�«l , S [21 reel �i� ✓rrrr�. rr'rr Lr it ' r `r .yyt..s , /M i NI^I�i4�w.LY�Kr.«KK I GAS (v15 8 2ne! Std 4ih &REt3U1.Arai Mmnl P,rmn hiliTt R 'ig„ 7.'i MOLTIPLE GAS METE-R IN TALI.,ATICNN y NOTE; h additional az rhe ae, the length of the box shall be increased 15'`. 1. Fol` each g 2. the inside of the box shall be free 6f any partitions ot bracing, 3. thudding i,t pethiltsible along the front of the box but it shall be etranged on no" centers to that itV,411 not inttir� fare'vvith the reading of 0reasy access to any rneter. ai♦c`r1i�N 2 ans tit Y pINC f1E5}r f<PiTIAI b-1/6 .7, Provide a .9�cywVhich is keyed to Perrr{it :tcctrs t)y t'Gancl 's key and by customer's ,. 1.ey, +ar' 'p 6,3 1'ravitic a kcybox at :i location �+p15re>ved by 1"Gt�ftr,113: n which tho custom�.�r'S. ke is "" kcP' , This keybox shall lac designed to ait:crmmcrcial;e a l'GandE Padlock. 7= ) IETCR C�,BlNET "CLOSURC REQUIREMENTS sed ill a protective 4;abi►let U11drr the coitditions Meters, and mr"t4rattt, c.clltilsmc►tt shill be c,tt►:I+� . listed below: 'i. Whenever the meter is Tess than 48 inches (belt not less than 36 inches) rroill the to the or standing surface at�d elle ntettr i5 not 100ted its center .line of tl7e meter grotl.nd it meter room, or aradalasni problems are anticipated or on or ree essed in any wail of u school. or similar y 2 lyhenever is 3 Whenever the. meter mounted establishment where public safety is involved. II 8 MrrER CABINET ENCLOSURE CLEARANCES in FigLIN p, 8.1, The meter cabinet enclosure must be of adequate -size to provide tnetrr :►uce+s and•��i�>lcn clearances. Detailed &.mensiohaf require rnoits are shown ent depth of Sufficithe cabinet enclosure shall provide cleavance, for the meter with the_ socket and iheterin8 door closed in 'audit ori to the depth required for the meter transformer cabinet= 8.2.1 For single-family residential, or separately metered multipia occup:iniy buildings, �+ the total inside dimension depth of tate cabinet enclosure for tin b1C-Phase 1e t! the face of the meter socket to the shall be sufficient to allow 7 inches in front of • ,inner face of the cabinet door. 8.2 2 Fr)r n6ritesr"dential customers with single -please service; the total insiile dimension; 9 lnelluN iii front of dill slept} of Vne cabinet enclosure shat[ be sufficient to allow to the inner face of the cabinet dour. The dePth is needed of the eter, socket face ►p fdr indicating demand type meters. custc rne:rs supplied with either three or t'Dur w #t: POIYPliasi• 5.,7„ For nonresidential selrvice, tic total inside ditriension; depth of the: cabinet a ncicisura whtilt be thl; face of the' miter socmarldt tt) the er sufficient tip allow 11 inches lit franty of to Mete face of the cabinet door. The depth is needed for indicating tlemant[ type in unbreakable clear plastic: for meter re`adhib Ptirpotic:, may $. t All eipening, covered kith • + •n8 [it the door 'cut i.ni • an o pe be cut in the cab' enclosure door• 1t is not permissible to which k; de: thbDugh which % rtieter will protru be, designed so that neither the roof nor door tiuPporti: will $, The abinet enrlosuiti shall interfere wits, arces5 to the Meter, t, F FJIC7r€e Ctr{V113F11: �� 1� 55 A- , r1 ba PIaama,n a Commission .sr�g cittyc �l;i �ta,r�, 1';l <sn,r�;irt•� ileal>aa��,'tJtt�`a�i; ��'` S Side )rpt -`ds and vll.r ancos to sp ..c.jXira types cif equ:tj)ill Ssjt `fr13.rttitc�ci t�r,rt: Match 26 1.98E t y staff- Ilas. se•vo al questions regarain X side ghat wou�r� yards .n Cl ti h` Via 'questions most Oi wOt,a„�,C1 I�bt E)q 'w'�.�.g1+tCC�. 1Vit :LTI 'G}1.i�,'t ri7"C3Gi,. ` ' � r t ' ' of ten a,slced by the Department of 1:iiil�a.ic Works Dua.J ding ij..iv4s i:on -T 1« R;*, hu'f*dau ,IAv'nsrwr ++»•«anh.'wwr..,«. „ iR �. e ,11x ax.ng str ucturtvs that axe less `L11d.n JJ. i�)Chci8 above, grado • ,nd c tui, a gra y n er^ )7 e,t..c cC)71forIII •t,0 t}ic, oIr CU. Y.1a C;0 0xamnle y t ,. `�s q OIL, � ls a�z�da�a��� A+S7l� � li�, � G� ' S apt )l,r.ctt fiat f~ t r}Cr�� l lel! > o IC drl " �GriyE., ia7 z�c,xl't.x r►r► GhC x Cr F r,. .� C" t �..17ts) test, ",. span, arc , ��ratic7 nct 0dc "`y<<.c1 but t,.1tt �?crfi?�5. and accessories st�x acr~s corSulc? b .a1 r�`�e , 'tli s ;VIOU�.rl not include tie water "stirfa ce . . ..-'k141N4Frix+t,w,/iaY,uAaaW>rhKbkhj!JnWiY6wlx�y2N4tt1�"F+�"'MSA'Wtllriw.y.i1M«�vYel,Mi.'11i>'wki•N41wGNAi+u+.F,WiIaFWhi+wlibkNxl''SwViM"I,eP'1'iM+ut.IN"WMiHdWW„.+MCwaheU,aA'WN'F17+�F ` �,�` `; k" he question, has also arlseri xegardiig w nclOw m ountad aircondition•- iris unita and si`taMp coolers that dna extorid more than J.7, inches above this" grade rind intrude i'rtto setback aroa.s in.,va:ing Swimming pace equ:pmartt ie., filters, timers, r lcrtrica1, sery iC:es,jG�` � etc:, irk staff"s opinion clearly 4jgMxd _o.be a1xt71—�S IVJ..tlljn �l'--1i,--� �_ lade yard aveas,,- nl-oss placed below grade end covaxFed � 1`sc hyvo . f lar ov idad =you with a copy o f a letter from the, ut«a.;L:.t)' company, Pac:if c. Cas and Electric, stating- concerns re�.ztiTrg to metr�r C cahXnets, niters, etc, which do in' f-- et. °vxtencl into side areastaut in mast: cases do not exceed the al.lwfable dista,nco; rat ;int:rusioll 1 coliment 'f=i"a"t me?locations `thc.x'.w�, 1 gas or elect ti,. for residontia'l purposes woi'A -b- it b~ rnn a� lei ��d �s� xri i� t, sxdi xd area ti7at`mi��is ne�lcyzh rotnrisan y or star;`" �- t . Yi -iio px-o` ib 'r "i��:x�.�.•t * serv.ico rleters . i �' t"ryxitdwrvn,ala.►nn++r.M,.d,w..ws.«.nwul.i.rucr4wl+ntixnyvw++.,aauw,w.nwaiw6w.h,ratiahm+nr,,lwi,x*+a7�.'ckaws.;sntarii,?,+wiF».r=.+pr?ep..;aw•�lsp,bfws+w>•e+`w ai. taJGara,M«e..;S _ f , s ' « .. .. `,;�'% `, � rt ✓r . kl'.:1 .t. , wy.tk f, � ^*' Y .Y�, � J � a 4%oi. L L ..a ..,` �,i,.Y,. +r •y t�wrj x°1. r1 ,j r 4 . J .t* E'Irk `+ � rp•t yin 1 "' �`t`^ 1 r' ,4•Y i'�t •!r ^ Ja /'y %/r a ♦ M ' J 1 i P,)(04tngl U, 3k0 SALCM $TRL:L'P i1, C. BOX Ora • CNICC, CALirORNIA 05927 � CJ1ti? �a1.�jG21 Roi3V- tT t]. MULLIKIN aivin�a�� �+�naate (�pltitn. �Uo Co, July 21, 1980.. Ocov�lb. CaCttartlp Ms. Betty Blair Butte County Planning Commission -7 County Center Drive OroVille, CA 95355 Dear Ms. glair: On June 10, 1980, the Butte County Board of Supervisors requested that Ordinance No. 2040 be reviewed and rewritten by "the Planning Commission, with the assis Lance of the utilities, County Counsel and the bepartmevit of Public Works. We are prepared to meet with County staff to discuss the reworking of the Ordinance As was stated in our November 7, 1979 letter to Mr. Clay Castleberry, and at the June 10 Supervisors' meeting, the alternatives to placing a utility structure '. in a five-foot sideyard are often limited to: 1) Placing the structure in a driveway where it, poses a safety hazard. 2) Placing the structure directly in front of a building, where it de tracts from the appearance of the property. p y reasing the 'price 3) Placing the struct:4re behind a butlding, thus inc the owner must a to establish electric or gas service. We recognize that residential meters which intrude into the sideyard are currently being informally exon ;,ed from enforcement under Ordinance No, 2040; However, we feel that this should be explicitly stated in the Ordiinance to that the practice will be allowed to cont nue,in the futw,e. We al o recommend that staff administrative procedures be established to ac commo6te persons who, for safety, economic, or aesthetic reasons, find it impractical to comply with Ordinance 2040 as it 'pertains to PGandE facilities. Such p'r4ovisiohs should reduce the number of costly variance requests which are b,^ought before the Board. 0- A S ,A..ND � 1-..:M C' '' 1:P,I C C Q 1v7:"VA, %T_Sr t ,�''i0 SAL�-t�� f�Tlt�t,T P. Ca.� pOX 4a C'FIlCO, CALiI70I1N1A 96027 (016) 343-651.1 HOOM"T 0� MU441ICIN UIVIWOlf MANA40 n. October 2, 1980 Pit. Bettye BlairG Butte Count yPI'ahhing Department 0000 7 County Center bri ye Oroville, CA 959.65 bear Ms. Blair: Attached per your request is a. drawing showing the dialensions Of residential gas and electric meters and serVico connections (risers), Note that the maximum encroachment into the five foot sideyard Will be 15 inches and 16 inches for a, gas and electric meter and ri'Ser, respectiVeTy These sketches should prove helpful to you in reyi`sing County Ordinance 2040 to formally exempt residehtial meietft and risers, if you 'need any further information concerh1lig this mattero lease contact Mss Renee S. Joliyette, 345-9287, We also request �fied of forthco g Tanning f o��_ e hat Renee be i�ot � n P mm�ssi:on Meetings at which the revrsi,oh of Ordinance 2040 Will be discussed( $' ncerely; p R1AN E, BES t d Marketing supervisor RSd ; lw Gas ntciers shall not be located 1„In front of or under any opening into the first full story above . e ground lore! of a structure, th,+,se apenings include vents, air ini4ts_ to applranc 4s, Wt, lows which can be opened, etc. (See. 1Jnifo Fm Building Code--1978 rot definition of "story,"). quarters, i glocatfons. closet: rc�strooms bathrooms, to1lets boiler roC�ms, or r�nvent}fated or 'e inaccescble 3. Closer than 3 feat_ to any source of ignition. Zveeptions -- Clearance between the gas meters nd electric termination facilities may be reduced as shown in Figure 19 When installed outside. Clearance between the gas meter and telephone terminal box may be reduced to 12'inches w len installed outside, 4iU outsidc"stairways when building is more than one story in height or under any combust',ble staay ! 5.,Under any interior stairway, 6. In crawl spaces under building unless in a proper meter enclosure vented to ,; outside atmosphe e: 7.. In contact with the gr�,,und or in a depression below the general around level. - • 8. Near a driveway unla-s adequaeJy protected fror,,j passing vehicles; ` 9 In engine, heater, boiler or electric meter rooms. Gas and Electric Meters at One Locationr w' r l Both the as and electric meters should normally be located yc i V' g y on the same side of the building; ' 'It the customer is to be sery, d with an electric tundergrourid service, the gas and electric metea;i shall ' be „I the same location as indicated In the Electric Metering, General, Section of this bots` t and Figure 19 below. Local orclinr ncos may require separation between a and electric meters. ELECTRIC�, rSl';+EM ELECTRIC METER METER LUSH TYPE ` METER SOCKET SURFACE TYPE I I METER SOCKET , ELECTRIC IL CONDUIT x _ ” NOTE:LOCAL ORDINANCES C ELECTRIC CONDUIT j f MAY REQUIRE. n a CUSTOMER GAS THAT THE CUSTOMER GAS a - .. :, f HOUSELINS,, • �.., GAS ANb HOUSELINE ,i , ; I I" �,. ELECTRIC METERS BE QEESE7'� Ok�Mq4t ��Mp1.L . . 'POUNb • ( ` " y, VENT 12'''i', ll 6MRISER C � GAS METER, ] SERVICE LINES 4 1N GAS E�i,�t TRENCH OOUNDATION .JOINT VtN7 f r E LINES iN INTTAENC ,GAS Sf:GTfbl' • tv1E7fRiNG fiE§ID�Ni11�.L 'jy r� p Z' 60 ee'a'�.P r..h'7 t.� �� .;`\�., . , A r� p MSW✓ YY�M/ wr ` 1P^ 11ri� P" PLANNING COMMISSION 7 COUNTY CENTER DOM OOOVILLV,'CAWPORMIA 15965 Ph1i0W 534.4601 October 23, 1981 1 Brian 13, Bates P C & 350 Salem Street Chico, Ca. 95926 Rr;:,. ,�eeting on Side Yavd Setbacks 00ar Mr. Batesi. A meeting vill be held in the office of the Platin, ng Director 97 County Center DriveOrovil l e at 10:0 0 a.m on November 20, 1981, to cons,icler 9,dey arc1 setbacks . the Planning Gam- mj,,jdiscussion.n,tstthat arepresentative or PG8t; participate i n this Should you have any k{uestions � please contact this oftice, i tt�tty�:5�'�ir Di.rec` or of Plaaning co: Commissioner Schrader Commissioner. Whcolex r R itr ffame CounL r,t PLANNI NG CO`MMI ION COUNTYCENT ER DRIVE - OROVII LE, CALIFORNIA 9:965 i PHONE; $34.4601 January 150 1982 Brian_ E. Bates P Q 8 la 350 Salem Street Chico, Ca: 95926 Ret Aieeting on Side Yard wetbacks Bear Mr . Bates The Board of Supery^sors on January 12, 1982 received a report from the Planning Commission regarding concarns from P G $ 'i on Side Yard setbacks which did not allow meters in said set- backs The Commission agreed with the Committee that toallow the installation of meters in the side yard setback would be to allow special privileges The Board of Supervisors concurx'ed with the Planning Comml,ssion's recommendations therefore, the setback ordinance (24-21;45 County Code) is in effect and will be enforced by the various County permit issuing agencies, ShouldY oto have any questions lease ftel' , p e1 free to contact this office 5i.n:Oroly, ,,, ' BO � ilA- it ' 11i.ria'c.tor of Play ri1ng iiA.lr cc: AdmiLnCletk�o.f theBoardy Jim Glander, P11 O 1=AC=FIS' IP (01`xm'*1 1 350 SALrM TRUT P. 0, OOX 40 011100, CALIFORNIA 131+927 (916) 3436!))Zl Jia, IMYSMA, Jao"Mr"Y 29, 1982 Ms.. Bettye Blair Butte County Planning Comm'ssion 7 County Center bri:ve Orovflley California 95965 Dear Ms,. Blair This is in response to your letter of January 15 regarding the exclusion of gas and electric'Meters from the five-foot; s1de-yard setback area. Our representatives will point out this requirement as they contact our customers in the future,, but we feal the responsibility to let the applicant know of t tins with the Publfc; Works bepartment at the time building po mits are taken out and on field inspections. We Will continue to rely on the Building Inspector to I'tagl' a Kaci1iiy before installirng our, meters,,assuming that all is approved. Sincerely, BTi �E�. BATES, Jti D N Marke.ti,`nguperVisor BBBme Cc! Janes Maker aul- �i �. . . . ' Inter-Depart , em®randum m Bettye flair, Planning DireCfor FPoME Clay Castleberry, Director of Public works 0010 Co rinnning'c%ant7L sueJscTI Side-Yard. Setbacks I"0 9 198 DATE! Pebr•tary 9, 1982 �.;:�Yillo�, Catifaralet I understand that the five-toot, side-yard setback requirement has been clarified with the understanding that eyposed utilities cannot extend into this area. I'm also, advised that gas meters and even the small glass 'electric meter covers cannot extend out from a flash-mounted breAdt box, pad mounted transformer's at the front property line nest also be at least five feet from the side property "line. My, acquaintances in the utilities would like to know if the county con sides an otdinance change that would allow these mentioned above. Tt p property line should be put latsfhe seem lide yard tnpropertyraineoto�keep�them out nof driveways and keep them from b ting placed in the ceuter of lots. The hulling company on Miller Avenue (where the utilities came to the Board) got permission to set the pati transformers adjacent to the side-yard line. T don't think that a gas or electric meter as described above would. keep a fireman ftom getting access and certainly the gas at electric meter would ftOt be a noise producer that would inconvenience the neighbors The present ordinance tlni>ld prevent even a swamp cooler from being installed in.a side window, yet the eaves of a house can stick two teen over into the five-foot,side-yard setbaclei i4ould you advise me if you feel an ordinance change allowing some utility* installations in these locations would be considered? I 'am se=nding -a copy of this memo to i;d ottinger who was involved in the ttansformer or meter location for the almond hulling company on Miller Avenue in Chico Clay, Castle erry birectot of Public Warks CC/'ss cc Supervisor Hilda Wheeler rd Ctti.nger, P: G g., Chieo 'C&Memoranpum �.-T�ner-Depart'eni Tor Clay Castleberry, Director of Public ;Yorks y �-RaMI �., Bettye Blairi Planning Director SUOJECT. Side Yard, Setbacks DATMt March 1, 1982 As you know the question of side yard setbacks and what is or is not allowed has been discussed over an extended perio -of time. As far back as May, 1975 your department (Building bivisi.on) requested clarification of what was or was noir allowed In the side yard and rear yard stating that your department's interpreta- tion had been that the 'building wall be located no closer than the required setback (5 feet, or as otherwise required by zoning ordinances') but that an eave overhang, not greaterthan 2 feet is allowed. (The same as provided for in Code Section.10-7C for streets and, highway building setback zones Also f.repl.aCes, heating and air-conditioning equipment,(normally p.. mount) swamp ed equipment, mobile ount ` and as risers) —pole home stations (pedestials water�,tsewer,npower p the001 wall or all items assocYa4ed with swimming pools (ie., p structure itself, decdin diving boards, pump motor pool filte�.'1 and water g pressure on t� 15 1975 the Commission rec7uested aTL opinion from Counsel in'�Y regarding the setback question, There is r,o 'recnj�d of an opinion from Cour.sel. Again in August of 1978 the Comv4 ss on "eceivec: a memo from Staff restating the previously state), ;Oncerns: The Commission continuer) the discussion to September tL ofj%ow time for study of the problem: Mr. Glander was to have met with the Commission in September 1978 but due to conflicts of dates and other delays ►qtr. Grander met with the Commission in May of 1979 at which time the Commission instructed Staff' to set hearings for public: input regarding :a proposed "De£ini" tion'oi Side or Rear Yards",, TY,e Commission on August 8,, 1979 recommended the Board adopt the t adopted the amendment am�ndmentson September 'll X979 The Board as presented 'In April. 1980' a Staff memo to the Commission raised several questions and included a letter from pGC,t to yctu 8`Eating their concern and q i i d tear 1jard defina.tion; TheuCommits' dgreedtthatonotchunge's Were needed, that the definition should stand Clay Castlebe a Page -2- March 10 1982 In. June 1080 you approvched the Board because of°your concern and the incle.ence of "problems" the side and rear yard definition was causing. The Board directed the Commission to -review and redefine the definition working with County Counsel, Public Works, and the utility companies In July 1980 the Commission received another letter from, FG`U 8 - Ming their concerns and on August 6, 1980 appointed a two member committee to woik with Staff (Commissioners Max and Gilbert) On February 25, 1981 a new committee was formed, Commissioners Wheeler and Schrader. A meetitzg was scheduled between the committee andPG&E, but dae to lack of attendance was rescheduled for November 20, 1981. On. December 1.6, 1981 Ccimmissaorw'r Wheeler reported to the Commission that in amending the dofir"4 ton ordinance for side and, rear yards to accommodate the instal,? ation of meters would be granting a special. privilege and the comm;it't, e recommep.ded against such an amendment;. The Commission concurred with the Committee's recommendation. The Board received the Planning Commission{s report and concurred r th the Commission, In light cal the history of this setback definition it appears futile at this time to approach, the Commission and Board again: But ifyou request the review again, I will put it back on the _ Commission's Agenda BB. -Ir Qe" re art�men'al ¢ n „_ � emoraaa d71 ra► Planning Commission FROW Planning Staff sUD,Jt;CTs Side Yard Setbacks DATE- April ?,90 1982 On March 23, 19820 the Public tiVorks Director again app1'oEtched the Board of Supervisors requesting that the Board consider allowance of electrical and gas utility meters in the sdo yard setback area, again citing "problems". The Board directed the Planning Commission to again hold hearings on amending the zorling code to allow utility- meters in the side yard setback areas, The question of side 'yard setbacks and what' is or 1s not. allowed has been discussed over an extended period o'r time In May, 1975, the Public Works Department (Building Division) requested clarification of what was or was not a',lowed in the side yard and rear yard, stating that their intovpretation had been that: the bui? ding wall f e located no closer than the re; qu .red wetback (5 feet, or as otherwise required by zoning ordinances) but thatan eave overhang, ;not greo to than. 2 feet is allowed. (The same as provided for in :Code Section 10-7C for streets and highway building sgtback zones.) Vireplar,es, heating and air-conditioning equipment (normally pad mount) swamp coolers, and other window mounted equipmeilt; mobile home stations (pedestal, water, sewer, power pole And gas risers), all items associated with swimming pools (i. e the pool wall or structure itsoll$ decks, diving boards, pump motors, pool filters), and water well., including pressure tanks, are also included. in that interpretation. On May 15, 1975 the Planning CC-minission. requested an opinion from Counsel regarding the setback question. There is no record of an opinion from Counsel, Again. in August: of :1975, the Commidon received a memo from s; aff restatiri=,the previously stated concerns: The Commission contxnized the tlscusiantoSeptember to allow tine f;or study of the problem. Mri Clander of the Building Department was to have met with the Coirimission in September 1978,; but dtte to conflicts of dates and other delays her, (:lander met with the Commissionin 'Ntav 10791 s.t which time the Commission instrUct<ect staff to sei: heap"ings .for p" blic,' p regarding a proposed. "Definition of Side or Reafor ublic �n ut r .Planning Commission. 2 4/99/820Side Yard. Setbacks The the am endment, a n,o]7 Ilugus 8, 1979, recommended'tlte Board adopt nd on September 4.1, 1079 the Board adopted the amendment as presented,. In April 10$0, a staff memo to tll,e Commission rai.scd several questions and included a letter from PGgB to you stating their concern, and requested reconsideration of the :lido and rear yard Jefinition. The Commission agreed that no changes were needed, that the definition should stand. In ,lune 1980, the Director of Public Works approached the Board because of his conce7'n andthe incidence of "Problems" .the' side and rear yard dei:in tionwas causing. The Board directed the Commission to review and redefine the definition working vi ,,,?j 'r;ounty Counsel, Public WCVks, and the utility companies. In July 11:060, the Commission. receivnd another- letter from PG4B ti stating their concern s and on August 6, 1090 appointed a two-member Committee ',:o work with staff (Commis8ionev8 Max and Gilbert). On rebruary 2S, 1981 a now committee ova s f,:�r;, ;; °;,�,iC Wheeler and Schrar?er1. A moo-ting, was scheduled between the committee and PG&r, but due to lack of attendance ivas' rescheduled for November 20, 1981: - On December 16, 1981)Commissioner Wheeler reported to t}xe Commission that in aiicending the definition ordinance for side and rear yard's to accommodate the installatioin of meters would be granting a special privilege and the committee recommended against such an ,amendment. The Commission- concurred with the committeeIIs recommendation. " The Board received the Planning Commission's report and concurred with the Commission on January 120 1982; Dl-1/hd ti r A ORDINANCE No. 2290 y. 0 AN ORDINANCE AMENDIN'_ ChAPTEM 24 OF THE BUTTE COUNTY COD The Board of SuPcrvisn;rs of the County o:C Butte, State 2 of- California, DO ORDAIN as follc,ws i '; SECTION IDefinition, Clea � er i. � t t 24 of the Butte County 4 1! Code is hereby amended by the addA tion of the follo�ving sect ion: 5 24-71.:459 Yard, side or tears � 6 "yeas Whish extend a specified distance from 7 side or 'rear lot lines and ivhic'� are no} to be d cc-cltn?eci by bt,ilrlirtfis, accessory b�j1r15ngs, 9 fireplaces, Or other structures or equipment 10 ex4ending more than twelve (12) inches above 11 ground :Level This defini r:.to,, 12•, to 1JLl1jAr. 'Llt",1 tt�' f' cilitieS , fi 13 S I:CTTON 2: This Ord:it,ance sba11 bt and it is hereby 14 declared to be in tu11 force and effect from and after thirty (30) - 1g days alter the date of its passage, and bt:fore the expiration o i 16 fifteen (15) days after its passage, this Ordinance shell be 17 published once with the names of the members of the Board of 18 Supervisors voting for and against it in the Chico Enterprise 19 Record newspaper p ptiblxshed in the Cotinty of Butte, State of 20 California. 21 PASSED AND ADOPTED by the Board, of 8uperviso7rs a£ the 22 County of Butte, State of California, on 'the 22nd day of June, 23 19321 by the following vote. !�4 . u :�5 - 26 `