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HomeMy WebLinkAbout86-27C ZONING ORDINANCE REVISION 9 OF 14i R Article 37 ?,� '„1 4 ✓ H()mE OCCUPAT I ONS SECTION 24--87401 PURPOSE AND INTENT me arnall businesses conducted in thO home County resoidents r9Home cbusinesant ses to the elderly, handicapped' and other County Increase financial independence and reduce the need for government -S44o� p assistance and home -to -work transportatian.. Home businesses oan~be without ential allowed under certain Condit'rtOn's;welfa eofdy County residents. rd The intent areas or the health, safely Iu�unT1216s 1 to allow, home OEW -- s in ell zones w aa� . Of this ordinance r s-�,u„�e= .r.e�'``' �-.g•--�Q,-�n�rct�d . C� f-1 1G1N” At_t..a uJ _ - SECTION 24-37.02 DEFINITION rS Any business or service oc ducted on the premises by occuPar�fr»j An residential dwellings and consistent with the follow -% thisarticle p"`I considered tiered a home �n . �.rvr^r axah / ocau at Y ort con ducted contrary to a f {the ' ` ` �l shall not be c I -a - 3? . 0 S 24 iERM 1 TIED` r SECTION t t 1 �,.. fir,:. 4�. f3 S Home occc&Ktrons are allowed_ in all pones which allow dwellings an mob i l rr homes �ycept i n cases where such occupations are object i c,nabl e to the neighbors because of noise, odor, smoker dust; bright light congestion or• unsafe access-, In such cases a Use vjbrat, sny traffic shall be requirod. Perm Y t !v L ti.>M 'r Crvref r r44teS SECTION c1-37.04 CONDITTONS �---�" ` All home occupat1oras shat1 be subject to the following conditions µ On -premises advertising for home occupations shell be limited to one C'1 un l i ghted i on vi, 1 th 'not more than three C �) sGuare feet of d l 5p 1 ay area , and suaI-) s i on, sha l 1 not be 1 oc�a'-edp many required w struatura l setback area;. ham members o F the fnm'1 1 Y ' No edprtoyonsth�a�tl^�m � ses l owed other t ��i�,�r f..� t rea 0 to ely There is no outdoor stoi^agg'_,of maters=else equipmen' wastes 3 • T on 5 except f or agr~ i cu l tura l products . �Conriected With home o cupat Revised 5eptetnbor 0 y 986 125 37 t I q " 3 ,�I.d1-fiiYJ rS�iltij /B t 4W} e .J 5C7-- "+o /6 et.W&K r.4/ I AJ C•-., G. C L. •f-� St-` fl F45 /'tFpti,r Qti?"�tiJ1s. d�J:Y. .a� Cy' ,}++)i/! 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AY R '�y{;y ,F"� .+��,(�S�r W�s-,$:nn �� .r l� ��� 'M � F � k'�'��! �'C1y�� 4'i�.'4/� th ♦ �v{�?��.yY, ��1 jf`f �y�y, �/y +� ' .46 V\.y<.`+i�'^W �. � 4Y� '�!Cw'•4i+Arar.r��� � �'^"'� W4<��, ���i+!�:�^��•�'%✓V+'n 1,., y��"F�^` �. �VX � � �`.'�s' � VVV,,,III a 10� d M NURSE!S, NOTES pa nlrr Time Nume's'Name �nrn,s ptilr !i°J,�7aaM rna ,�r�wa n tTs NURSE'S NOTES IYA110 uats:, SA a ,Ta rr Buffs CM Plan" ng CMM SEP b 3956 Oroviffe, CaGfgr4 DIRECT SELLING ASSOCIATION 1-/76 K Street, MAV., Suite 600, Washington. D-C: 20006 2020-93.5760' - august 29: IrgBra ATr.. Steve Streeter Butte Countv Planning Department 7 County Center Drive Droville, CA. 95965- Dear, 5965Dear Mr. Streeter; i I had the pleasure last week of speaking to Craig Sanders in your office about the proposed home occupation ordinance which Butte County is: considering.. I have received a copy of the ordinance and would like: to share some of the thoughts of the Direct Soiling Association_ (DSA) on that issue. DSA is a national trade,associationmade up of some 145 member com- panies which sell their products: primarily through personal explanation and demonstration in the. home.. You are undoubtedly familiar with the house to house and hone party, marketing plans of our members. The majority of direct sellers are women who work only-a few hours a. week,, making money- to supplement :the family's regular income: They sell, to their friends, neighbors and relatives., Many direct sellers. use their homes as "bases of, operations" and could, under some circumstances, be considered home occupations- The home based activities of direct sellers serve the interests of their com munites. Because of the nature of these small businesses, any restric- tions could Beverly harm them. Butte county's proposed home occupation, ordinance attempts to restrict unsightly and offensive activities which might, damage the, character of residential neighborhoods.; Because direct sellers' businesses do not create such problems,: the ordinance would not prohibit their activ- ities. However, there is the. possibility that certain language could be construed to prohibit the occasional pick up or sale of goods at a direct-selleres home. So that this would not result, I would suggest that Section 24-37XI-2 be amended as follows: Allowable businesses include the fol,.aina: Indoor display and sale: of manufactured consumer goods., and. amts and craft goods predtieed an -the premiiees, including pottery, LMjewelry, paintings,, soulpture, furniture, photographs, leather work and similar objects. (Underlined language new, stricken; language - deleted). k Inter-Departme,01tal Memorandum ro: Board of Supervisors FROM;, planninS, SUBJECT; Aliquot Parts of 640 'acre Section-, Countywide. Code Amendment DATE: September 4, 1986 The Planning Gommission agreed with the concept of aliquot parts ;at their meeting of April 23, 1986, In light of the interest of one or more persons to receive building permits, the Planning' Commission, at the Board's direction, discussed this matter at their August 20, 1986 meeting. A motion was passed in favor of the aliquot parts amendment. The new section would : eari "Section 24-31. Aliquot Parts. Each parcel or lot within the County shall have a minimum acreage as indicated by the zoning districtacreage designation, However, for the purpose of complying with the minimum lot area requirements, sections of land containing less than 640 acres shall be deemed to be equivalent to 640 acres. Parcels resulting from the division of sections Withless than 640 acres into 'units of 1/4, 1/16, 1/32, 1/64, or 1/1:28 of said sections shall also be deemed 'to be equivalent to the corresponding and respec,ve lot areas required by the acreage designations (160, 40, 20, 10, or 5) of the pertinent zoning district. Applicant shall provide _q p question adequate roof that fire section in is_irregular SAS Attzic Planning Commission Minutes 4/25/86//6 Attachments: 1' $ Planning commission Minutes _ GDA Letter of 4110/86 Administrative Office Letter 8/20/86 e i L .+ ORDINANCE NO,. I AN URDIuAmry AMENDING CHAPTER 24 OF THE BUTTE COUNTY CODE 1 The Board of Supervisors of the County of Butte, Wtt,c of California, �3 DO ORDAIN, as follow$. :SECTION l: Section 24-31 of the Butte County Coda is Hereby added in its entirety to read as follows 5 iC §24-3; Aliquot Parts I� of within the County shall have a minimum acreage as O � ;Each parcel -or i indicated by the zoning district acreage designation: However,,for the purpose' ry 1 g of complying with the minimum lot area requirements, "sections of ,land conta,iningt 9 less than 640 acres shall be deemed to be equivalent to 640 acres. Parcels re- 10 sulting from the division. of sections with less than, 640 acres into units of 1/4'; ],1 1/16, 1132<, 1.164, or 1/128 61 said sections shall also be deemed to be equivalent p g p q fired by the acreage designations 12 areas re u 1.0 the corms ondin and respective lot 15 N (1601 40, 01 10, or 5) of "the pertinent zoning district: Appl.icant'shall provide 14 adequate proof that the section in question is irregular. 15 SECTION 2, This Ordinance shall. be and it. is hereby declared to be ini jO full force and affect from and after, thirty (30`) days after the date of its 17 � passage, and before the exniraton of fifteen (15) days after its passage,; this. R Ordinance shall: be published onto with the names of the members of the Board of 10 II Supervisors voting for and against it, in the a nears n published in the County of Butte, State of California. yy i � O paper PASSED AND ADOPTED by the Board of Supervisbts of the County of 'Butte h the 2 Stat fol.l.owin , Vote! 22 V State of Calif or'itia", on the day of 7 986, by g 2) AYES 9 NOES: 25 ABSEN`i 7 8 ` ' NOT `VOTING: CHI*� ADINIINISTRATIVEO)FFICE Buffe co -P19 nmIng Cmn COUNTY OF i3ui-re AUG?o izpu� I%JJ T 25 COLINI Y OF-14TER.DFi OROVILLE. CALIF01INIA M5965-3380 d (9 16) 634-4631 MEMBERS OF THE BOARD ou"I HASKELAr MONTURF ANE DOLAN VAMINJ rnL,iIC71.5 HILDA WHEELER r.;f OF 1A0MIN1!,TAATfVC OrFiCER ED 140-AUGHLIN August 20., 1986 LEN FULTON To: Harvey Wallace, county Counsel Bettye,e,ircher, Director of Planning From: Mike Pyeatt) Deputy AdminIttrative Olficor Subject.- Building Permit Issuance Aliquot Parts On August 19, 1986 Mrs. 'Robin McMain appeared before the Board of Supervisors and expressed the difficulty she was having in obtaining, a building permit for one of her properties which Was not quite five acres in size, located in an A-5 zone. Following the Board of Supervisors meeting we were able to obtain additional information concerning Mrs. M0.1ain's property and the problems that were encountered. Specifically, the property is identified as AP 28-36-21 and is located on glazeford Gulch Road: On March 25, 1986 an application for building permit was made. On March 27, 1586 it was determined that the property I does not - have a certificate of - compliance. Lvidently the McMainproperty Is one created by Bon Coulot in the Mission Olive District south of Orovill8. This is an area where, because of parceling activity, a lot of the properties are slightly less than five acres., but are within an A-5 zone. TI— [Sr. A -t 4-L-4- 6--4— VVHG UI lc.[: VA 41 U U . V 4' I V p a I YY E;Ly Z I II yff I I t,;! UU It U 1 119 Lit: VIII — 1;011 be issued for properties zone Where ,they ,are not quite five acres In. size We have also been infomod by John Mendonsa that the ali'quot parts issue has been passed but of, the Planning Commissioli and is in the process of coming to the Boardi Please 'prepare, the report so that a vance information may be mailed out to the Board for their August 7 meeting y Deputy m fnistrative Officer MP/vs cc*- John Mendota, Public Works A oil a 7575 EAST FULTON ROAD, ADA, WiCHIO)AN' 49355 LVf DfSIVFR THE sfsr ...0 C:.3 L 111 V 15 I ON, August 29, 1 8 -6 - Mr., Steve Streeter Butte County Planning Department Butte Co Planning COMM, 7 County Center Drive Orolville, California. 95965 SEP 2 I lob Subject: Butte County :Home Occupation Ordinance Oroville, Calitoneia. Dear Nim Streeter: - It has recently been brought to our attention that the Butte County Planning Department will boon be making specific recommendations on the county's home occupation ordinance. C would like to take this opportunity to make the following comments and observations, which I hope will be helpful. By way of brief background,. Amway Corporation is a manufacturer and distributor of approximately 300 Quality home care and. personal care products and services which are sold by independent Amway distributors throughout the country. Amway distributors supplement their family incomes by selling these products and services to family, friends and. neighbors and by interesting others to dol the same.. Most direct sellers operate on a part-time basis earning money to augment their family income while eP�Christmas limited' goal,- such as the purchase of school clothes,payment of tuition or the purchase of obirthday . presents. Amway Corporation supports; the underlying premise of the current home occupation ordinance in regulating home occupations which may interfere with the rights of neighborhood property owners. However we do feel that the proposal in front of the council: should be clarified to ensure that direct sales of consumer products area allowed through specific provision. To that end, I would concur with the suggestion put Forth by Evelyn Jarvis -Bemis of Shaklee C'orporatior, in that a specific amendment to Section 24-3701, be made to the ordinance, allowing: the "Indoor display and sale of manufactured consurner goods and arts and crafts goods including pottery, jewelry, paintings,; sculptures, furniture, photographs, teatherWork and similar objects."" This, language would ensure that independent Amway distributors who are operatin; unobtrusive Amway distributorships from their homes would: not inadvertently run afoul of Butte County's Home Occupation Ordinance. At the same time,; the county would not be- perceived as hinderin, - the development of small, independent businesses, which add much to its economic vitality and tali base. ;fir. Streeter, thank you for your consideration of this,matter, and should you have any further questions or concerns please d=o not hesitate to contact xne tit (6I0} 676-7010 or at the above address. -Sincerely yours, Dirk C, Bloemendaal, Attorney Corporate Government Affairs DCBsgt - F "+nu � Fi'anr►lr<9 Wit, r.AV; A11ene Marie Chaba'la Mrs. George F. Quinn AUP � r 13800 Skyway 'A' �► Magalia, CA 95954 ,e (916) 87Z -1208 - August 22, 1985 To ,ghom I t .May Concern, The meeting held at the Butte County ]Administration Center., on Lynch, 20, '1986 and conducted by Wrl Vialter, District 1, Robert Di stri c 5, and Nina Lamburt District 1.1., was a very enl i ght- eoing one, for me anyway, in a way that before I attended this meet- ing had never occured to me in actual words. I just knew something was wrong. Because for the first time I understood the impact and the im- plication of what really was happening. It struck me when my husband; George .Quinn, who is an experienced and excellent orator was suddenly lost for words when he. got up to ask his questions. As a now retired Union Carpenter Official he, once more, was in a, way fighting for 'rights' and wanting to know why the netvwortr was closing in on people working out of their homes. 1 could not bel -have it when I actually heard him so emotional and failed, as it were, to put his point over by referring to 'my dream, and the poetry I write, which has nothing directly to do with the art center I wish to create.. Frankly I didn't even think he read m% poetry! But apparently he did read the one I wrote prior to Paradise becoming incorporated and the one in which Yidsresented to the Chamber of C p ommerce. It also hangs in the waiting roam of McHenry's restaurant, on the skyway and one of the places that still has that feeling of old time dignity. But the fact that he even brought it up startled me because it didn't relate at all to the reason why we were there. Or so I thought, tipt than time+ Then a l'l of a sudclert t dawned ort rte wh1i he di d i t, but:- di dn''t at that moment know how to seperate the welled up feelings of my poem PARADISE I5 NOT A CITY and his own fight for Union rights as he re._ Membered our country of olds In the poem = spoke of people 'freeing ,them from fences' and the feeling of 'being at one with nature once more', and the lime, r' o when you visit Paradise; remember while ,your there, to treat it like a special place for vpecial folks are there." This, a.nd his fight for what is right on evory issue rade his words lack understanding at the motnent, And so unspoken words, met with rents and the people we speak L y that remain assembled in OUR country, and remain tied to honest and e about who can produce crafts of all .ports, skills expertise endeavors, are being threatened, The big money and the lovely stores going up will have a tough tfine competing with quality work such as is done by folks right out of their hones. They are proud of their work and they are not here and gone tomorrow for this is their HOME4 !oven Pacifio Bell-, in all our bill's this month speak of the future growth of prl+rel e working out of their hotre a by the millions, Read i t! `Paradiset Let's keep it that way Al l ene Ma rr Chabil a 00 nf` �• � w w Buffe Co. Planning Cottm AUG 1 tubo Urnrvilla, (:aEfora3q August 18,,, 198 1440a (clarion Way, Magalia, Ga* 95954 Steve Streeter,. County Senior Planner Butte County'Admini:straton Center 2-5 County Center Drive Oroville, Ca. 9196 Dear- tfr. Streeter 'This letter is ia reference to the article in the. Paradise Post, dated August 12;, 1986 relating to the 'Troposed regulations could scuash home bussnesses.91 I am very much against county lags curtailing hose business enter- prises where the business_ doesn�t.draw a lot of auto and truck traffice and there is no :noise or T.V« i.nterference, Senior Giti- tens not only need the extra income such, business can, generate, but they need to constructively keep themselves occupied after retirement. I have recently started a very small wholesale cer- amic business furnishing florists ;and nurseries with vases and. planters. It is necessary that fuse a small kiln which does not interfere TV reception and very little electricity. I wound hate to have to quit this business because tt is something: that my husband is able to do as'h:e i_s not able to do any physical works any heavy lifting or hendng,:It gives him something: to do other than reading,, sleeping and watching TV I can understand such an, ordinance: against businesspeople using their homes for a full time business:.. I know there are childcare centers up here in Paradise Pines, where we already have restrictions against such businesses and there are restrictions against signs, i One- of the nice qualities of living in an unincorporated area is that we ars not restricted by excessive city laws, rules and rpgulati.ons. Please consider my vote against any excessive and restrive laves restricting small cottage industries. Sincerely, n - tirs.) Carole L. McClintock Law-,& Geveirmoir Hel;, . Shaklee. Corporation F�- 6,. i a -441f+. August .1.9, 1986 BOO:, AUG ti ,, M. Steve Streeter Butte County Planning. Department 7 County Center Drive OroVdIe,, CA 95965 Dear Mr.. Streeter-,= As a follow-up to our conversation I would like to recommend some clarifying: language to the proposedhome occupation ordinance presently under consideration. Shaklee, as you may know, is a direct selling company that markets its household, nutritional and: personal care products in the home through independent contractors. Many of our Distributors are women who work the business on a part-time basis to supplement the family, income. We share your desire to preserve the residential atmosphere of your neighborhoods and feel that the Shaklee business does not conflict with that objective. To clarify - though that direct sales of consumer, products are allowed provided that they are conducted within the scope of the ordinance guidelines, I suggest the following a.:nendment- Section 2.4-3701. 2., "Indoor display and sale of manufactured consumer ,goods and arts ar�d crafts goods including go.tery,. jewerly, paintings, sculptures, furniture, photographs,. leather work, and similar objects." Given the other restrictions in the ordinance Such as the floor area lirnitation outside storage etc., I think this amendment addresses your conceziz about large product/machinery inventory as opposed to smaller consumer type products. As you proceed: through the process, I would appreciated being kept informed of any new ;amendments and having the opportunity to comment, Thanks again for your help. Sincerely,: - Evelyn Jarvis-Ferris Manager, Government Relations FJF/aFt, dr_�Ue E 11,;imbaria, crematoriums, and mausoleums. (Amended by Ord. 490.117@opted 10-5-76) E. Residential subdivisions. F. Truck yards, terminals or facilities unless devoted exclusively to the transportation of agricultural products, supplies and equipment. G. Sawmills, pulp mills, and similar establishments for the processing of logs, wood, and lumber, N 8 6. -PROPSy LPMENT STANDARDS The following property development. standards and those in Section 855 shall apply to all land and structures in the '''AE'I District. Por additional lot exceptions in the Sierra -North Regional P1�n area, see--Secti-ort-855-A,-�----- A. LOT .AREA- ,. Each lot :shall have a mil"iMum a teage as indicated by the district acreage designation. However, for the purpose of complying with minimum lot area requirements, sections of land containing less than 640 acres shall be r deemed to be e'guivalent to 540 acres. Parcels 'resulting from the division of sections with less than 640 acres into units of 1/2, 1/4, 1!8, 1/16, or 1/32 of said section shall also be deemed tobe equivalent to the corresponding and respective lot areas required by the acreage �t designations (320, 160, 8Q, 40 or 20) of the' AE District. The ac>`eag' shall be measured from the center of any abutting roadway, str , ``'railroad, or other public right-of-way that serve as a boundary Ii (Amended b rd - ,T-248 adopted w 9-16-60) _ A nonconforming lot of record under, Separateownership at the time it became nonconforming may be used for or occupied by ahy use permitted in this District. An existing parcel of land under ono ownership, when divided by a developed public right-of-way in such a manner that one or both portions of the parcel are substandard' as to lot area, shall be considered as two separate logs under the provisions of.this Section. (Amended by Ord. 490;117 adopted 10-5-76.,Ord. 490.132 adopted 5-27-77) 2. The creation of homesites less than the minimum acreage indicated by the District acreage designation, but not greater than 2.5 gross acres (5 gross acres in the Sierra -North Regional Plan Area) may be permitted in the Exclusive Agricultural Zone District, excluding the At -5' Zone District, subject to the following criteria; (Amended by Ord: 490:172 adopted 4-24-79) "AE" District 80 Section 818.5-A` �E �� a. The minimum lot size shall be 60,000 square feet of gross areG (two (2) acres in the Sierra -Worth Regional Plan area) as measurer `rom the center of any abutting roadway, stream, railroad, or other p,,F,1ic right-of-way forming a boundary line, except that a lesser area hall be permitted when the owner submits evidence satisfactory tri the Health Officer- that the soils meet the California Regional 'Mater Quality Control Board guidelines for liquid waste disposal, but, in no event shall the lot be less than ogre (1) gross acre; and b. One of the following conditions exist: (1) The lot is to be created by the conveyance of a security instrument to finance a single family residence to be occupied by the owner thereof where the existing lot before division is Mot lass than ten (10) gross acres; that said lot, together with the remaining acreage, shall not be separately conveyed or devised without meeting the district acreage designation, except for the purpose aforesaid, unless such division occurs by judicial foreclosure, trustee's sale or other legal proceeding which discharge the lien of the security instrument. (Amended .,y Ord. 490.132 adopted 5}25.77) (2) The jot or lots to be created are intended as a conveyance or devise exclusively for use by a person related to the owner by adoption, blood, or marriage within the third degree of consanguinity; the existing lot before division contains a minimum of (ten) 10 gross acres, there is only one (1) lot per related person, or per related married couple, and there is no more than one lot per each ten (10) gross acres, :or (Amended by Ord. 490.132 adopted 5-24-77) (3) Outside of the Sierra -North Regional Clan area, the , owner owned the Property p exclusive pro ert Prior to -adoption of the exclusive agricultural zone districz and wishes to retain his homesite and sell the remaining g agricultural par remaining acreage is not less than fifteen (15 acres where the _ acreage for cres> or (Amended by Ord.'490,132 adopted 5-24-77) (4) Outside of the Sierra -North Regional Plan area, a homesite is to be retained from an existing lot of less than fifteen. (15) acres with the remaining acreage to be added to an abutting loth which with the addition will have a total lot size of at least fifteen (l5) acres; and is to be used for agricultural purposes, or (Amended by Ord. 490.132 adopted 5-24-77) IWO District 81 Section Section D16.5 -A w+:T,...`i c,r.,,,m k.w .:w � '�' ,r: w+. ,..+r.......':a4>r�prr:�,l'�,a6'yixaYF'r`c%� i+.�,� } "��`+ __ _(�,,; ♦, . (8) The lq, to be created is intended as a life estate. (6) In, the Sierra -North Regional Plan area the present owner owned the property prior to March 4, 197P, and wishes to retain his homesite and sell the remaining acreage for agricultural purposes where the acreage exceeded 40 acres or a quarter/quarter section at the time of Plan adoption �t4ay ?1 1982). 4, l C. Creation of homesites listed above excepting those for financing' life e Purposes or estates shall nott be permitted in the Sierra -North Regional Plan areas as specified in Section 855A -5c. and d. (Sec. 816.5-11.2 added by Ord. 490.117 adopted 10-5.76, amended by Ord. 7-265 adopted 11_16-82) f� �r E i l ,. I Inter -Departmental Memorandum 'M Planning Commission FnoMs Steve Streeter, Planning SUOJEGT,' August 20'Works'hop/Public Bearing on Zoning Ordinance DATE' August 12,, 108.6 The suggested order to review the draft Zoning Ordinance is as follows: Article 37' - Home Occupations*, Article 35 - Livestock Animal Maintenance'>� Article 18'- U Zone (3 articles promised for discussion on August 20 at the June 25; 1086 meeting) Other article,,' yet to be discussed in detail. Article 4 - Commercial Forestry Zone Article 5' - `limber preserve Zone Article 10 - Scenic .Highway Zone Article 15 - PUD Zone Article 16 - Resource Conservation Zone Article 31 - Definitions Article 33 - Sign Regulations* Article 34 - Certificate ;of Conditional Use Article 36 - Guest -Rouses Article 38 Off -Street Parking Article 39 - Adult Entertainment Businesses Article 40 - 'temporary Residential Permits Article 42 mpotary Uses - Mobile Home 'Residence os Article _ 4 Mobile home Parks Article 43 - Development Agreements Article 44 - Construction of Additional Dwelling Unit Article 45 - Residential Nonconforming Use Standards the otder'to address the Articles may shift once public comments are received early in the day, *Revised version pending. SAS1r LUC COUNTY COUNSEL .n"CUSe Cournly Cw,o Center V slia: CA329 1 701ephone (209) 733 6263 �ri�4a��.PSann�9C ;JUN UTP, 6NEILL BLATNEFI y`1��A� Col foaakr, county Counsel 7une 2, 1906 FIO NALD K, UCHIUTAI Aozittant County Counsel Harvey Wallace p)nu Prin.lpal AttomeY County Cownsol 25 Coun Ly C .nterDrive" {1C)URT 1. FELTS orbvillot CA 95965 MAY S de MALIGNON IiA11GARET L W0008USY }CC+: �}umraary brda.n tices Ptinc,pel Attorneys i�r. Wil Y"AT CEN BALES LANGE ROGEP 8 COFFMAN HAHOLD OOD JA. Due to iricreasinci costs of publication, Our Board JULIA 1 ROBERTStONauthorized is COnsirlerth(J Publication Of Ordinamcc summaries a �p V 1MAGU A I by Governmt-nt Code section 25124 (b) (l.,) ill lieu of verbatim publication, Par voluminous r,LAIP GLAIFE Y YAMAGUCHI TEAE$A ),,4 SAUCEtlb ordinances invol.ving zoning arid., franchises -t this could C.�BM"�,f:fBS result in a substantial Cost savings. CAPON"-DAUGHERTY Has your Board, used this j3ro"+G?c ure?. If Nor We _ PAC;1•IEL MUNOZ Wou,°ld baa Vory, l.nterc*s':cd to sec; an example of such a Paralegal -i mmary; We would also apprecintc any information You could 51i n. us regarding Problems you may have Cncountored with this r thod i Any assistance you can giVc us in this regard 'Would be greatly appr:ociated. s Very ttuly yours, county Counsel - r i %%f�j� �..`� (, .t r t.�..tf ��fii'6GC'eef'f,L - hatga, , t L, Woodbury beputy County Counsel/ .,; ,..., y o 3, Rodent control programs n where old residell- tial. neighborhou as 7are sto}tbe hazed for rredc elopment, -+, Upon. redevelopman, old sestier lateral.5 should be plugged ett the }�, rzutioci a•itft' i�+awn sewor lina.s to prevent rat harborage, 5, VIve reduction barriers, commonly composed of rip -rap, sho�lrid COMM),, 611th rodent proofing :requirements of local envirorunental health ncies; e are rispecially if rood handling estabil,slunents C • Solid Waste 1 envi.tanmcntalhealth y a genrrislle' or as requcal ired by the lo separation/ Should be mantainerd beLweeri M developments for human habitation and active landfills, E dairits,• poultry ranches, feedlots, and commercial stables, Human.habitation should also be located upwind of such uses, < A program for m nzmunt waste garbage, trash, animal Waste and other solid waste pickup should be established for all developments, 3, All trash containers should be rodent and fly, proof and approved by the local environmental health agency. D. Utilities 1, C+rider$round utility sef yicC is recolllmended'gince it prevents roof rat access to buildings via service wires and cables • 2. In areas where sewers are infested with rats, installatlon of ,.eWer line gates S ' rodents shoultbe consider �cyirea to check up;strearll travel of E: Landscaping 1.. ,bound Cover, plants, a'nd trees that produce dense ;foliage ideal. for rats and other rodents should be avoided.• n: Algotiah ivy (110—dera ca� arienj.1 is a major sourceof harborage and food, particularly in thick, vertical ,growth on fences, trees,, oe buildings': b. Other plant.tiuch as pyrdcanlha honeysuckle, jut, ;per shrubbery, bougainvillea, and Itimalayan blacic}ss±t+ry thickets offer dxddllutit nesting places, to rats acrd therefore fy i ot attraetivL 2; Following i.s a list o£ round covers that Ore n pi`eterrJble for use ti landscaping: a Bronze Ajuga re ytnttrC tjt�itt y!ilea TERRESTRIAL VECTOR AND, RODENT PREVENTION STANDARDS' I. Planning, ani R,s- %fin C iteria A. I.yncl CSO and I,In" 1. Tile plicrinLt►l, proce s should fully MlSider the compatillil'ty of 1.vod uses when a potential "for vector production e,ki8tS, Z, Requests for land Ilse clearances should be reviewed by local: environmental health or vector control agencies:. These agencies may require surveys for the presence of vector populations and their hosts. if necessary) control measures may be required. B. Structures and Redevelopments prior to issuance of, construction permits, the pest exc.luNion integrity of building designs should be conaidered by the building department' in consultation with the local environmental health or vector control agency. Duilding design, should prevent rodent's, bats, and pest birdo from gaining access into and infesting structuren. L, The following factors are important in. the prevention and control of domestic eodents which hacre the obility tot ggopenings Cnter building:! .. throe h as small as 1l2 inch square (1%4io h for mice). b, Climb horizontal and vertical tires and 'pipes, e. Climb the inside of vertical pipes 1-1%2 to 4 inches in d, Crawl horizontally on any silo pipe or conduit. o Jump verti.cnlly up to 36 inches from flat surfaces, f, JujPp horizontally up to 48 inches from flat surfaces. g,. burrow vertically in carth to depths of 4 feet.. h. Climb brick or other rough exteriors affcrjftg fobtlialds. i. Climb vines ► shrubs, and trees pd,jjccnt to structures. Warehouaczs Arid other buildings should big frr u of inaccessible spaces (e.g.) between walls, floors, above ceklingu, under floors, stairways, and cpbinetn which may provide eodtint harborage. s r }i ., TA IE WATER RESOURCI.S G RCL BOARD CALIFORM1 MINIMUM GUIDELINES FOR PROTECTION OF WATER QUALITY FROM ANIMAL WASTES The State Vater Resources Control Board has issued these guide-. lines for Lhe assistance of regional water quality control boards and all other persons in the preparation and ''amendment of water quality control plans and waste .discharge requirements for the protection of the quality of the wagers of the State with respect to the disposal of animal wastes. It is intended that, when justified, regional boards may be more restrictive than these guidelines. The d sposal of animal wastes can cause problems other than water quality degradation. To whatever extent it is appropriate, solutions to such problems will, need to be integrated with these. guidelines. Other agencies; way have guidelines directed topoints not addressed in the guidelines below. ARTICLE 1: DEFINITIONS Animal Confin-ement: Cattle, calves, sheep, swine, horses," mules, goats, fowl or other domestic animals cor.raled, penned, tethered or otherwise caused to remain in 'restricted areas where feeding :is other than by graying Manure Storage Areas Corrals, feddyards, retention ponds, manure collection areas of any kind and areas used for storage, composting and/or drying of animal wastes, Ten-year 24-hour `corm - A storm of 24-hour duration which yields a total precipitation of a magnitude that has a probability of recurring only once every ten'years, Washwater Water which has been used for washing animals or equipment or for cleaning manure storage areas, Retention Pond: - Pond used. to retain washwater or surface drainage from manure storagy areas until proper disposal on, land or other suitable disposal means can be accomplished. Trento-year. Peak Stream Flow � Stream flow magnitude that is expectedto be equaled or exceeded on the average of once every 20 years. NKerv:�.Ed p�r:u ' i 2 x one Hundred -year Peak Stream Flow Stream flow magnitude that is expected to be equaledor exceeded on the average of once every 100 years. Sandy 1,oatin -, Sail material in whi--h the sandy character- istics armee readily recognizable'. A typical sandy loam will contain from 434 to 85% sand, less than 200. clay and a con- tent of silt plus twice the clay exceedinq 30%. The normal soil textural triangle utilizing the contet:it of sand,silt and clay to determine texture will provide the standard definition of a sandy loam. ARTICLE I'I: GUIDELINES VORPROTECTION OF SURFACE WATER 1. Animal confinement facilities plus adjacent crop lands under the contr�,i of the operator shall have thcp capacity; to retain surface drainagefrom manure storage areas plus any wasYwa.ter during a 10 -gear 24-hour storm. The 'regional board may set wase discharge requirements for s exceedinga 10 -year 24-hour storm. de ' 2. Surface drainage, including water from roofed areas, shall beprevented from ruhning through manure storage areas, 3. Animal confinement fAcilitieso, including retention ponds, shall be protected from overflow from stream channels during 20 -year peak stream flows ,for existing facilities and 100 -year peak stream flows for new facilities. 4. Washwater and surface drainage from manure storage areas shall be applied to crop lands, or discharged to treatment systems subject to approval by the appropriate regional water quality control board. 5. Animals in confinement shall be prevented from entering surface water -a 6. 'Lands that have received animal wastes shall be managed to cultivated croplands should ern corporares applied to mi i n.7.m�.xe erosion and runoff. be .incorporated into Itho soil; soon after application.: 7. Animal wastes shall be managed, to prevent nuisances in manure storage ar,gas T 7' _3.. ARTICLE III: GUIDNIIIN13S FOR PROTECTION OF GROUNDWATER 1, Manure stornae areas shall be managed to minimize percolat7ion of water 'Into underlying soils.. 2. Animal confinement facilities shall have adequate surface drainage to prevent continuous accumulation of surface waters in corrals and feedyards. 34 The use of special sealants for retention ponds is not usually necessary when these ponds are constructed on sandy loans or finertextured soil materials,:. 4* Application of manures andwashwaters to crop lands shall be at rates which are reasonable for the crop, soil, climate, special local situations, management system and type of manure. 5. The salt in animal, rations should be limited to that required to inaiotain animal health and optimum production, Article 6. Contined:Animal Facilities tf , Adopt n0vit section to read: 2550._ !�pplicabil.ity a) This article _prescribes statewide minimum standards for discharges of animal waste at confined animal; facilities. These standards shall be implemented in any 'Waste discharge requirements issued for a particular facility or made - a condition to the waiver of requirements. b)' A discharger reWi;red to submit a retort of waste discharge ,shall provide the following general information and shall report any material changes as defined in Section 2210 of Tithe 2.3 of this Code. 1), average daily volume of facility wastewater and volume or weight of manure; 2')total animal Lxorulation at the facility, and types, of annals, " 3) location ,and size' of use or disposal Fields and retention ponds; including animal capacity; and 4)_ animal capacityg the facility. 5) A ;rte Tonal tmrcj MGIy impost: add i t ona t recitI rcment s i iEL such additional re ieements ate nccossa to prevent deradation of water quality or i aitmen,L- pE beneficial.uses of waters of the state Authority: ter- 1058 Roference: *viC 1.3140-IM47, 13260, 1326 6a . - ...::., .: .. _.:'..�_ i�.:_..e i... _....�_i. urs...�....a...,�'�..�.�.viva.r.,��:'......io.r�.rv.,.arr�. it"N•vice.:'r.kYrrr...:::%r.r.+..wi:u' STATE OF CALIFORNIA CiCUK a MEJIAN Governor CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD— CENTRAL VALLEY REGION 3201 S STREET SACRAMENTO, CALIFORNIA 7506 %090 Buffe Co. Plann;ncjCMM ' .r PHONE! (918)445-0270 1986 � MAY 1`9 L)rovilla, C6140raw 15 May 1986 Ms. Betsy Kircher, Director Butte County Planning Department 7 County Center Drive Oroville, CA 9596 REGULATI ONS APPLICABLE TO CONFINED ANIMAL, FACILITIES Enclosed are Minimum Guidelines for Protection copies of the �� of Waster duality from Animal ►bastes" and Article 6, Subchapter 15, Chapter 3, Title 23 of the California Administrative Code. Operators of confined animal operations are expected to voluntarily comply with the regulations and guidelines: with respect to the: hog facility we discussed by phone, 1 suggest that the operators contact the University Cooperative Extension Service and request a farm advisor to assist them in devel®ping aa waste management plan and indicate the number of an '(adult sows and boars, sows 'litters; with feeders, etc.) that the facility is designed to accommodate: Copies of the proposed waste management plan car, be distributed to County Environmental (lune County Mos squito /abatement, Regional dater Quality Control Healt(you Boardh, can send it my attention), etc., for comment; If you have furtheruestions or �1 y comments you can call me at (916) 3.22-1508,. ,. E ANN L. MENY, land and Water Use'Analyst JLM i,jI Enclosure In all zones that allow livestock, except A zones, the following lot area shall be required for each animal kept on the premises. exclusive lot area shall be ,required for each. an and type. l: For each horse over 6 months of age, head of cattle over 6 months of age or swine 10 weeks of age, 1/2 acre. however, i there is a residential use established on the parcel, 30,000 square feet will be required .for .the first animal.; 2.' For each sheep or goat over 10 weeks of age, 1/4 acre. However, if there is a residential use established on the parcel,' 20,000 square feet, will be required for the first animal. 3i For each chicken 5 turkey, or .other fowl, 1000' square feet per animal, 4. Animals at great deAsi'tiot., commercial livestock or Oov(+ry operations, boarding �r stables and riding academy shall require a conditional Use permits ,t sr 220 GRA14D AVENUE ENGINEERING OROVILLE, CA. 95965 SURVEYING Z (916) 533-2068 PLANNING lY�kARt% April 10, 190 Buffa Co."Mannthg C=m. Butte County 'Planning Commission APR 11. �i9c�}b 7 County Center Drive G`roville, Califoraia oro�:ille, CA 95t?b5 Honorable Comcuss oners, I respectfully request that during, your Zon ng;4ird'inance Hearing you consider a minor addition. In each zoning ordinance the criteria includes a minimum parcel size. I request that you adto the minimum parcel size the following statement: d "ar intended equivalent as expressed in: aliquot parts of a section". Historically,, between the 1860's to March 1972, aliquat part descriptions were properly used to describe property_ it this time,; people holding title many tines removed fron the creating document, Find themselves out o� caatf�rr� ty with. the gone= This is as a result of a; survey having been, of caafnr subsequent to the original survey. As you are aware, all lands in Cai£fornia, onside of recognised ranchos and swa�ap. and overflow lanes, Frere surveyed,.prior'to conveyance, by the U.S•, Govexnment into sectionalized lands: Lands conveyed by aliquot part descriptions depended on the cor- rectnese of these government surveys I recognize and agree with your concern in protectingthe integrity of eacL particular zone. However, chen:a subseg3ent survey reveals that a parcel of land, thought to conform to its zaue,- is a. few hundredth's of -a acre short,: it shouldbe handled without need of a variance. Please allow "Equivalent aliquot parts" to find conformity with ;our ordinance. Any, consideration 9-s`ven Chas matter will he appreciated. Sincerely;:: - William W. Geddis, L.S. G.D.A. ENGINEERING, SURVEYING PLANNING wuGl j m ��_-,� JC3HG�' �lr. CE#ft�Sl`CtiFF�EL5ON � e _ Count ry PLANNING COMMISSION 7 rOUNTY rFt7T1:t1 DRIVE -. OPOMLC, CALIFOR11IA 95965-3397 PHONE! 534.401 April. 7, 1986 Hilas C. Ashley UPPER RIDGE COORDINATING COUNCIL 14790 Pine Cone Way Magalia, CA 95954 Dear Mr, Ashley; In response to your letter elated March 4 1986 and the comments of the Upper Ridge Coordir-tting'Council members at the March 13, 1986 Planning Commission meeting, the follocaing comments are provided; 1. The objective of the Boning ordinance revision is to el, m' irate: inconsistencies within tho present ordinance and conflicts in intexpretation The cost has been relatively small, compared to the great benefit that Will, be realized Upon its adoption. _ - -- - 2. The present. Zoning ordinance perr[lits multiple housing projects in the )±ir Haven-Nlagalia Reservoir watershed: Implementation of the Wastewater Task: t'orce recommenda- tions require many actions independent of the Zoning Ordinance, 3. WO will reconsider the deletion cif the 9-14H. Zone. Hov1cV it may be as er, diff.icul t to eliminate; the option of a convert- tional house. Within this zone as it Was in the past to install mobile homes in residential zones if the R -MH gone • p put in mobile home„ dentsiorcfuture eresidents whowanttot affect resent resi- dents , constructed aftox 19`6, The deed covenants in sierra bel O.ro Gubdivisions are enforceable only by the property owners and not bar the county, Your point on livestock, poultry and small animals is Well taken. We may have to retain the RT acne series to Provide for your specific interests to restrict animals. We will have to further consider the comment about not placing the Vir ,Haven area :into the RR -1 , zone duo to its draining tovaa_,,�cls Magalia Reservoir, + Hi las C. Ashy April 7, 1986 Page 2, 5. If RT -1 zoning is eliminated, the riot eliminate the option of buildingoaoconvesed ntional Would eaor g a mobile home on lots.in the Paradise Pines Subdi- visions. nxn the R_1 Zone or any ,zone x Ntobzle Home esu Permitting single.: fa residences, mobiles which comply With the National Construction and Safety Standards Act of 1974 (all mobile homes built after 'June 1976) are,permitted along with conventional houses. The only mobile homes phehdatesdrrierare '.ionedpldThemabile��homes constructed prior to used only for the to2m mobile home" will how b� These t Pre -1976 eluss of non -code housing units. types mobile homes are onl zones such ae the agricultural zones, Permitted in certain 6 • The Planning C`ommissibn Zoning Ordinance Commute that revision of the zoning code is necessary andW-11time solve many growingin The :fact that we have continualtnumberoof zee County, variance requests, environmental complaints and area plants' requests from the foothills is evidence that, the there is not static not completely ehce thatothe situation if you have further qu,estibns about the contact our office any weekday between theninursOrdinance, a. and 3100 please P.m•< The nest hearing on the Zoning OrdinanCe Willtbe On Wednesday, April 2l, 1986, at 13� p,tn,, Sincerely, 3.A ZRCHEt bir-or of planning W I I AZA /Y� Stephen A. Streeter :Senior Planner SAS%sus etc: planning commission File 86-27 h, 1S)ri cul ��aC'�.�nrestry Article 3 AGRICULTURAL '.OR -A•, ZONE, SECTION 24-5.01 PURP08E AND INTENT It is the primary purpose oa the Agricultural or A Zone to eliminate the encroachment of" i nct mpat i b l e land uses', discourage the premature and unnecessary conversion of agricultural land to urban uses, retain agricultural parcels and conserve and promote the County's Economically important agricultural resources The A zone 1s secondarily Intended to preserve agricultural land uses in other areas planned for eventual urban development. The A Zone is primarily Intended to implement the policies for the preservation, protect l opt and enhancement of the County's agricultural resources and to be applied in areasdesignated for agricultural uses in the qutte County 'General flan SECTION 24-3.'42' PERMIT` ED USES The following are the principal permitted uses in an A Zone' ta? General ogrlculture including farming: dalryinn, pasturage,' horticulture$ Floriculture, vlticulture, apuadultur.e, apiaries and commercial nursor l es Cb> Ra sing of livestock and poultry incl'udilno cattle, horses, ponies; mules donkeys sheep, goats, hogs, c'hlckens- turkeys) rabbits arid other small animals and fowl; except that hog farm8y stockyards and feed lj is shall be subject to the requ l rements of Section 24- S,i OA be l oil <o> One single family dHel 1, log or mobile Tome per- porcel (d) Wlldllfe, :botr,yilcat and ecological preserves, e7 011, petroleum and natural gas well exploration {fS Agri cul Lural and forestry ro-goarah and oxperlmental fac111tles, provided any fl6mmab1os and toxie chemlcals are properly stored on-site. SECTION 24-5.03' ACCESSORY USES RdViSOd 3/'26/86 7 t, p: The following are the accessory uses permitted in an A Zone: (a) regularly employedonrthe'bpremisessexc'ludingnlabor camps,famllles (b) Roadside stands, warehousing and storage fac i 1 i t I es for agricultural products grown on the premises. (c) Home occupations subject to the provisions of Article 37. (d) Guest homes subject to the provisions of Article 86. e) Other :accessory > ua;es and structures custoalar i l y appurtenant to a permitted use. K f) Agri cul tura 11 y re 1 rated sery 1 ces and se 1 es I nc l den tal to the provision of the scryice Including but not limited to fertilizing, spraying, crop dusting, well drilling, land leveling, Irrigation, farm machinery and soil analysis. (;g) Agricultural processing plants, incl ud i ng, but not limited to hullers, m'i 1 ls, dryers and ethanol st'i l ls. SECTION 24-3.04 CONDITIONAL USSS The following aro conditional uses in an A Zeno: (a) Pete i l nurser i os , roadside 'stands, warehous l ng and storage facilities to conjunction w i trh agricultural pr=oducts ( b) Hunting lodges,_. hunting clubs, gun ranges ,> boating facilities and marinss; 'campsites and recreational vehicle parks in conjunction with the abtave uses. (c): Labor camps and all other such dwe1 l 1 nos for transient labor- or agricultural employees not employed on the preml'se'r, (d) Private a 1 rpor to , 1'aMd I hg strips iind ho l i parts (e) Pub l i d or pr i vote k onne 1 s ., large -8n1 mal voter I nary hospitals am C f l Homes I'te segregation pursuant to Article 82, (g) Agricultural process 1 ng site segroonti on pursuant to Ara~ I c 1 e 32. (h) Surf ace m I n 1 ng , rauarr•r l ng; hxcnvat I on borrow sites or borrow pits pursuant to Article 82 and Appendix A. Revised 3/2:6/86 ti (I) Hog farms, poultry farms' stockyards and feed lots when located awithin 1/4mile of,an urbanized ,area (,j) Communication faclllties (microwave towers, etc (k) 011, petroleum and natural gas well production. (1) Public stables, boarding stables and riding academies,. I SECTION 24-3.05 DEVELOPMENT STANDARDS The following minimum requirements shall be observed, except'wi-vere specifically modified for conditional uses or In the environs of an airport. The minimum requirements shall be those for the zone 6s- designated sdesignated on the Zoning Map unless otherwise stated: A=5 A-10 A-20 A-40 A 150 (a) Building Height (feet) max. 50 50 $0 511 F30 (b) Parcel' size (acres) 5 10 20 40'. 160 (c) Parcel w1dbh (feet) 250 300 500 500 1000 ® (d) Pub i c street frontage 65 65 65 65 65 (feet)1/ r (e) Fruntyard setback (feet from center i'ine)2f Secondary Counts/ Road 50 50 50 50 50 Federal Aid Secondary. ° 55 55 55 55 55 (f) S i deyard setback (Peet) 25' 25 25 25 ' 25 (g) Rearyard setback (feet) 25 25 25 25 25 (h,) 01stance between dwdlIin.gs on the same parcel (ft.) 20 20 20 20 20 /Each- parcel in the A Zone shall have a pub is sti4odt front�l!g�e of nod, less than sixty-five (65) feae't oxcept that publIc street frontaOb ahai1 not be required If there Is on file with the County air lwrevocablc of1'or to dedicate right-of`-way to a width sa t- I t rbc tory to the 'Public Works DI'rector to provide access from the parcel to a public street: .The County will not be required to maintain the right-of-way until improved to County standards and accepted for dddicatloh. This data ohly applies to new parce 1 s created by land d I v' i s i ons Revised 3/26/86 1� L O'N E M E R G E .A K Y A-2 Ltd. to ,zone per General Plan , A-5 through A-160 to ,"A" zone AR to R-1 ,."RR'# 9 00 +N" AR -1/2 through AR -5 to "RR.. ARMH to R-1 , "RR" r, "" A." ARMH-2-1/2,3,5 to RR2 5,5,E"A. A -SR to R-1-RR"','"A." C-1 ,2,H-C,N-C to "C°. CC to C-1 , C -;N , C -►-H, "RR" f'C ,F". - RR -2 through FRS -160 to °"FR. H -C to C -H in ""G. L- T to M -L In "M - -1 � -2 tof ""M" Mto Art. 42; delete as zone; Use Permit In residential zones MR (1/2 acre') to MR (;5 acres) N -C to C -N in "C". ,".R. i'PUD** �O" A C to R-1' R -MH to R-Ii"RR" R� N . to "R" with standards In Art i c1 a 4!51"tT" l to R-1 , R-2' RT -J/2 to, RR- . 5 RT -1A to RR -1 -1 w,.3,,-5 to TM -1 through TM -'160 to "Thl•• TPZ-160 to "TPZ" New Zone-- 1"OS1► ( Open Space Uenuary_ 940 14861, rev i s—dd i= ebruar ? 2ci 1986 BUTTE COUNTY t)RAF= T SON T NG t7RC7 t NAN C