HomeMy WebLinkAboutZCA 05-02_PLANNING 5
SEPARATOR SPIFFY
APN
CNON ��
PROJECT NUMBER zc05 02
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PROJECT SUMMARY SHEET
FILE NO.: ZCA 05-02
PROJECT TYPE: . Zoning Code Amendment
APN: County wide
APPLICANT: Butte County Board of Supervisors
ADDRESS: 25 County Center Drive, Oroville, CA 95965
PHONE: (530) 538-7631
OWNER: Various
ADDRESS:
REPRESENTATIVE:
ADDRESS:
PROJECT DESCRIPTION: Zoning Code Amendment to allow for reduced front and rear yard
setbacks on legal noncongorming lots
LOCATED: in Butte County
PROPERTY ZONED:
GENERAL PLAN DESIGNATION: ()
TOWN/AREA: Butte County
1. Application accepted: 10/26/2004 Amount: $0 Receipt#:
2. Assigned To: Stephen Streeter
3. Comments sent to: Development Services Director,Public Works Director, Environmental Health,
Assessor,LAFCo,Agricultural Commissioner, CDF,Building Manager,County Counsel
4. Sent to Inter-Departmental Review Committee(IDR):
5. Status Letter sent to applicant:
6. Date scheduled for IDR: 12:00:00 AM
7. Comments received from:
8. Rezone Petition Signatures Checked:
9. Mailing List/Lead-in Sheet:
10. Environmental Determination:
State Clearinghouse No. Categorical Exemption-CEQA#
Negative Declaration
Mitigation Negative Declaration
Subject to Fish&Game: Environmental Impact Report
Gen: Rule Ex.—CEQA#
Other
11. Staff Report: Project Video:
12. ' Clearinghouse circulation required: Yes No Date Sent to SCH:
13. Publication Notice Written: Display Ad Prepared:
14. Notices Mailed: Number of Notices:
15. Newspaper Publication Date: O C P G B
16. Planning Commission Hearing(s):
Action taken:
17. Board of Supervisors' Hearing(s):
Action taken:
Board Resolution No.: Ordinance No: Adopted:
18. Type Zoning Code Amendment/Send for signature:
19. N.O.E. /N.O.D./APPENDIX G: Fish&Game Fees Paid: Yes No
20. Send validated Use Permit/Minor Use Permit to applicant,representative: .
21. Assessor's Memo(Use Permit,Minor Use Permit):
22. Copy of Use Permit/Minor Use Permit to Planning Technician:
* * * * * * * *
Butte County Department of Development Services,Amendment to the text of Chapter
24,and Section 24-35.40 regarding nonconforming parcels: This ordinance amendment
would allow rear yard setbacks to be reduced by five-foot increments with a minimum rear
yard setback of ten feet and revise the building envelope to fifty feet in width. (YC) (ZCA
05-02)
Ms. Christopher gave a brief summary of the recommended changes.
It was moved by Commissioner Nelson, seconded by Commissioner Lambert, and unanimously
carried to recommend approval of ZCA 05-02 regarding nonconforming parcels subject to the
findings below:
I. Review the Initial Study completed in compliance with the California Environmental Quality
Act, find it to be adequate and recommend that the Board of Supervisors adopt a Negative
Declaration.
II. Recommend that the Board of Supervisors approve Zoning Code Amendment 05-02 to
amend the provisions for nonconforming parcels in residential zones and subject to the
following findings:
A. The proposed zoning code amendment is consistent with the Butte County General
Plan Goals and Policies*, particularly Land Use Element Policies:
3.2.c. Relate residential densities to intensity and compatibility of adjacent uses.
Allowing a reduction of rear yard setbacks on nonconforming legal parcels will
increase the intensity of use for a single-family residence, but not in such a way as
to be incompatible with adjacent land uses.
4.2.a. Maintain economic use and value of private property.
A reasonable use of rear yard setback areas on nonconforming legal parcels will
enhance property use and the value of private property.
*The Planning Commission may choose to add or delete General Plan policies from this list along
with any supplemental comments pertaining to the nonconforming lot setback issue.
B. Planning Commission Comments and Recommendations
* * * * * * *
-------------
■BUTTE COUNTY PLANNING COMMISSION■MINUTES ■FEBRUARY 10, 2005 ■ PAGE 32 ■
DEPARTMENT OF DEVELOPMENT SERVICES
BUTTE COUNTY UNIFORM APPLICATION
APPLICANT: Agent information to be provided is on page 2
APPLICANT'S NAME: (If application is different from owner an affidavit is required.) ASSESSOR'S PARCEL NUMBER:
Butte County Board of Su erevisors County-wide
ADDRESS: STREET,CITY,STATE,&ZIP CODE FILE NUMBER: (FOR OFFICE USE)
25 County Center Drive, Oroville, CA 95965 ZCA 05-02
E-MAIL: TELEPHONE:
NAME OF PROPOSED PROJECT(if any)Zoning Code Amendment Amendment to the text of Chapter 24,Section 24-35.40 regarding
nonconforming parcels.
LOCATION OF PROJECT(major cross streets and address,if any)
County-wide
.GENERAL INFORMATION:REQUIRED
OWNER'S NAME: TELEPHONE:
ADDRESS: CITY,STATE,&ZIP CODE:
ZONE GENERAL PLAN EXISTING LAND USE I SITE SIZE(in square feet or acres)
EXISTING STRUCTURES(in square feet) PROPOSED STRUCTURES(in square feet)
(Check One) (Check One)
❑ PROPERTY IS OR PROPOSED TO BE SEWERED ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER
❑ PROPERTY IS OR PROPOSED TO BE ON SEPTIC ❑ PROPERTY IS OR PROPOSED TO BE ON WELL WATER
L'°' 4 b r
- 4 APPLICATIONREQUESTED
❑ GENERAL PLAN AMENDMENT ❑TENTATIVE SUBDIVISION MAP
❑ REZONE ❑TENTATIVE PARCEL MAP
❑ USE PERMIT ❑WAIVER OF PARCEL MAP
❑ MINOR USE PERMIT ❑BOUNDARY LINE MODIFICATION
❑ VARIANCE ❑ LEGAL LOT DETERMINATION
❑MINOR VARIANCE ❑ CERTIFICATE OF MERGER
❑ ADMINISTRATIVE PERMIT ❑MINING AND RECLAMATION PLAN
❑DEVELOPMENT AGREEMENT X OTHER Zoning Code Amendment
,PROJECT DESCRIPTION`»
FULL DESCRIPTION OF PROPOSED PROJECT(Attach necessary sheets. If this application is for a land division,describe the number and size
See description above.
k '•V`.,'�OWNEWCERT�IFICATION
_.. - I
--------------
I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY.
FURTHER,I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL F HE ABOVE INFORMATION IS TRUE AND
ACCURATE. (If an agent is to be authorized,execute an affida it o uth rization Iluc. the affidavit with this application.)
DATE: /- 0'{6-D� SIGNAT
I
K:\FORMS\PLANNING FORMS\APPLICATION FORMS\UNIFORM APPLICATION.countercopy.doc Pagel of 2
AM
AGENT AUTHORIZATION
TO: Butte County, Department of Development Services:
Phone Number U -
Print Name
Mailing Address
is hereby authorized to process the application for
on my property, identified as Butte County Assessor Parcel Number:
APN - -
This authorization allows representation for all applications, hearings, appeals, etc. and to sign all documents
necessary for said processing, but not including document(s)relating to record title interest.
Owner(s) of Record: (sign and print name)
Print Name Print Name
Signature Signature
Architect and/or Engineer:
Phone Number U -
Print Name of Architect/Engineer
Mailing Address
FOR OFFICE USE ONLY
Verify:
Date Received: Total Amount Received:
i
❑ AP Number(s) ❑ Legal Description
❑ Owners Authorization ❑ Zoning Requirements
❑ Project Description ❑ Copies of plot plan
Taken by: Receipt No.
PW/LD Plan E.H. CDF NOD/NOE Fees AG.
Payment of the currently required Application Fee and/or Deposit(any unused portion of a deposit)will be returned upon
final action.
Current fee for this application is as of
Make check payable to `Butte.County Treasurer".
KAF'ORMSTLANNING FORMS\APPLICATION FORMSUNIFORM APPLICATION.countercopy.doc Page 2 of 2
NOTICE OF DETERMINATION
TO: ® Butte County Clerk l► �' —___
❑ Office of Planning and Research
1400 Tenth Street MAR 2
P.O. Box 3044 — -- -
Sacramento, CA 95812-3044 FILING NO. C � �'r ' ' �
FROM: Butte County Department of Development Services, Planning
7 County Center Drive, Oroville, CA 95965
SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the
Public Resources Code.
AP Number: County-wide
Project Title: ZCA 05-02, Zoning Code Amendment
Applicant: Butte County Board of Supervisors, 25 County Center Drive, Oroville, CA 95965
Contact Person: Stephen Streeter Telephone Number: 538-7601
Project Description: Zoning Code Amendment to allow for reduced front and rear yard setbacks on
legal noncongorming lots
Project Location: in Butte County
State Clearinghouse Number(If submitted to clearinghouse):
This is to advise that the Butte County Board of Supervisors approved the above-described project on
March 22, 2005 and has made the following determinations regarding the above-described project:
1. The project❑will,Xwill not, have a significant effect on the environment.
2. ❑An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA.
3. X A Negative Declaration was prepared for this project pursuant to the provisions of CEQA.
4. Mitigation measures ❑were,X were not,made a condition of the approval of the project.
5. A statement of overriding considerations ❑was,X was not, adopted for this project.
This is to certify that the final EIR, with comments and responses and record of project approval, is
available to the general public at:
Date received for filing and posting at OPR
Butte County Department of Development
Services
7 County Center Drive
0 lie, 5965 ?0"/&10V4)
vorme Christopher
Director-Development Services
s
DECLARATION OF FEES DUE
(California Fish and Game Code Section 711.4)
Name and address of applicant:
Butte County Board of Supervisors
25 County Center Drive
Oroville, CA 95965
II
Project Title/File Number: Zoning Code Amendment, ZCA 05-02
APN: County-wide
CLASSIFICATION OF ENVIRONMENTAL DOCUMENT:
1. NOTICE OF EXEMPTION/ STATEMENT OF EXEMPTION
❑. A. Statutorily or Categorically Exempt
$36.00 Clerk's Documentary Handling Fee
X B. De Minimis Impact - Certificate of Fee Exemption
$36.00 Clerk's Documentary Handling Fee
2. NOTICE OF DETERMINATION - FEE REQUIRED
❑ A. Negative Declaration
$1,250 State Filing Fee
$36.00 Clerk's Documentary Handling Fee
❑ B. Environmental Impact Report
$850 State Filing Fee
$36.00 Clerk's Documentary Handling Fee
3. OTHER(Specify)
❑ $36.00 Clerk's Documentary Handling Fee
PAYMENT/NON-PAYMENT OF FEES:
1. ❑ PAYMENT: The above fees have been paid.
See attached receipt(s): #
2. X NON-PAYMENT: The above fees are required. Not paid—Board project
Chief Planning Official
By: Yvonne Christopher
Title: Director- Development Services
Lead Agency: Butte County Department of
Development Services
Date: March 22, 2005
TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED
WITH THE BUTTE COUNTY CLERK'S OFFICE.
THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING.
ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE
BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY.OF BUTTE.
I
f
CALIFORNIA DEPARTMENT OF FISH AND GAME
CERTIFICATE OF FILING FEE EXEMPTION
De Minimis Impact Finding
(Fish and Game Code Sec.711.4; Section 753.5c,Title 14,California Code of Regulations)
Project Title/Butte County Location: ZCA 05-02, in Butte County
Project Description: Zoning Code Amendment to allow for reduced front and rear yard setbacks
on legal noncongorming lots
Findings of Exemption (attach as necessary):
1. The County of Butte has conducted an Initial Study and prepared a Negative
Declaration so as to evaluate the potential of this project for adverse
environmental impact:
2. When considering the record as a whole, there is no evidence before the County
that the project will have potential for an adverse impact on wildlife resources or
the habitat upon which the wildlife depends.
3. The County of Butte has, on the basis of substantial evidence,rebutted the
presumption of adverse effect contained in Section 753.5 (d), of Title 14,
California Code of Regulations, if applicable.
4. The project is hereby found to be de minimis in its effect on wildlife and exempt
from the State Fish and Game filing fees required by Section 711.4 of the Fish
and Game Code.
Certification:
I hereby certify that the County of Butte has made the above findings of fact and that based upon
the initial study and hearing record the project will not individually or cumulatively have an
adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code.
IA
By:
onne Christopher
Director-Development Services
Lead Agency: County of Butte
Date: March 25, 2005
p00NITY OF.BUTTE FIELD NUMBER
•a ORO°VILLE, CALIFORNIA PURCHASE ORDER F 05-152
s
u Chico Enterprise Record
P
P Attn: Donna Issued By
DDS/Planning
L P.O. Box 9 Department
I Chico, CA 95927
E
R
FAX:891-9247
DATE QNTY INVOICE NUMBER AND DESCRIPTION AMOUNT CHARGE TO W.O.#
01/24/05 NOTICE OF PUBLIC HEARING � ,'�� 40-001-53
To be published Thursday, January 27, 2005,
in the Chico Enterprise Record and the Oroville Mercury
Register.
Please provide this office with two affidavits
of publication.
(Zoning Code Amendments;ZCA 05-01,'05-02; 05-04)
ly
Roni - 538-5260
Butte County Planning
7 County Center Drive
Oroville, CA 95965
TOTAL
I, the undersigned, hereby certify that, to the best of my knowledge, the services or articles specified above have been
performed or delivered or,where authorized,are hereby contrFAad for and that there is a Budget Appropriation for the same.
F 05-152
Date: lol� �uorWzel�y�
epa men ea o
SUPPLIER NO.
DEPT ACCOUNT NO. PROJECT NO. INVOICE NO. INV.DATE • ENCUMBRANCE AMOUNT
1
2
3
4
5
6
Submit WHITE,CANARY and PINK to PURCHASING SERVICES with supplier's invoice. Retain GOLDENROD
(SPACE FOR FILING STAMP ONLY)
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA,
IN AND FOR THE COUNTY OF BUTTE
In The Matter Of
Notice of Public Hearing, No.
AFFIDAVIT OF PUBLICATION
it` tax TT
State of California 4OU1TE COUNTY PINNING COMMISSION;
$$. K b
County of Butte o tNOTICE +OF PUBLIC HEARINGS111 ?
'� t �r,s. ;Fa• �A �'t.-C ( . ,E rte. Yrti
The undersigned resident of the county of eo -Ij - - ND'A, TICE�OiNIZ
F INTEHT;TO fy
Butte, State of California, says: �1lDOPTA;NESGATIiVEDECLARAT ION, n
s c ij a r 5F
,,u } Unj.r�.F•:�1Ftt it ,,r'�;j,
That I am, and at all time herein mentioned n =Ej'kNotice pis;herebywen by the ButtexCounty, Planni
!. fL,.E^a^'7,t 1°� sf"s 8t 7 ;r. w •y. t.�.,
was a citizen of the United States and notaPte' bvCommission that a.public heanng;willtbeiheld on Thursday '
�tFelruary,10, 2005, m the Butte.County Board of Supervisors,r
r Room;lCounty Administration Center,25 County Center Driv6,-,
to nor interested in the above entitled matter; y ' t
that I am the principal clerk of the printer and k Oroville,+California;at 9 00 a:m regarding the following tem ,
publisher of -
*Y ButteC�t
,� y,Departments of JDevelopment Services,
mendment to;the text offCtiapter 24,`Sectfon°24*35;40Y`>'
The Chico Enterprise-Record #_ regardirg'nonconformirig#parcels This ordmance�amend
The Oroville Mercury-Register 't o ` a ' *
1` < � me'nt,would+allowfrear yartl setbacks to�be reduced;by�five_�;
r— ..-.. .p.rF, s,. , r i v r r
`�`fcfoot increments wifti a mirnmum rear yard setback of,10 feet
,{ e .2a" M:-St v.a++
That said newspaper is one of general circle- r " and�'revise,the buildiiig�e6veiopeato�5O feet In width"t tw
b
tion as defined by Section 6000 Governmenty��(ZCA05 02) ,zf� J'�> r w . t > r ,'
t 'S,i' Y'ft b ltif:;tet'-^>Ly
Code of the State of California, Case No. 26796 4; Inaccordance,with'.the.California;Environmental Quality Act' ?
by the Superior Court of the State of California 1(CEQA), anh In tial`Study and,Negative bed ration`liave been":
in and for the Count of Butte;that said news a- r � =?7.prepared``and are�bein `circulated;for'the above: ro ect.The' ;
County p s , _ 2gr p l , r
per at all times herein mentioned was printed = Planrnng Commission will only,make recommendations to the'?s
and published daily in the City of Chico and Board of r �„� ,;... . _. ,�A�,_s_
County of Butte; that the notice of which the }� If y6U challenge'either the Negatiye:Declaration or-:the Zoning
xCode Amendment in court, you may be limited to,raising only°
annexed is a true printed copy, was published in :, ,,;.,;. �, . �1• ,� .0 li .
said newspaper on the following days: Xthose issues you or someone,eise�raised at the public;hear-1.
ding,"described m`thrs notice, or..',mtiwntten,correspondence
delivered to.the Planning Division, or•pnor to,,,the,public•:•
Jan. 2 8, OS. Iiearin � �" ' = r,, t x w v :i
�. T,,� gra ,� :s;
i T Fo i further information iegarding this prolect,lplease#contact !
. `»Yvonne�Christopher,-'. roject Plann&,,,at-.the Butte 4.0 $I
�g ( 0)538 7601I"' ,, >•
t= Planrnn Division at 53
t
Dated July 29. 2005. �,r�a � ,
r
at Chico, California. "' ': "' d :.' ^� M°.
��l v���/' t It 1 r"{> �N-iii_...-F.{Z.;: � ,
r. .. ��. - b,l� - - .fat•,�. -�.�,� i y�
(Sig a ure) hh
CHICO ENTERPRISE-RECORD `"°'Pub sheberg
July 29, 2005
Ms. Diane Lewellen
Senior Account Clerk
Butte County Planning Department
7 County Center Drive
Oroville,' CA 95965
Re: Account#: 016410 BUTTE
COYJNTY
Balance Due: $ 940.32
FPO#: F-05-152#1-#3 - AUG 1 2005
IDEVELOPMEN'P
Diane: SERVICES
In response to our telephone conversation regarding the above captioned open balance
enclosed you will find our Affidavit of Publication and a copy of our January
Invoice/Statement.
Our billing system does not allow us to generate a new invoice. I certify that this is a
copy of the original Invoice/Statement that was sent out in early February 2005. The
billing for the ads appears on page 2.
As I understand the payment process we generally received a check that includes your
FPO# on it and a copy of the actual FPO. Is it possible for the County to also include
our Billed Account# on the remittance? Our cash system does not include your FPO#'s
making it difficult for us to determine where to apply the payment.
Please feel free to call if you have any questions or need additional information. I do
appreciate your help in clearing this balance.
Sincerel ,
Ellen J. Whaley
Credit Manager
400 E.Park Ave.(P.O.Box 9) Chico,CA 95927-0009 (530)891-1234 FAX(530)342-3617
caL�v�i„j u u�uw�
EN'T'ERPRISE-RECORD DadO�C�C� / �4La4C��JL�Gl4
;, Mercury-Register
f .v
i P.O. BOX 9• CHICO, CA 95927-0009
(530)891-1234 TERMS OF PAYMENT PAGE
BILL DATE BILL FROM BILL TO
SALES REPRESENTATIVE
0; 3 1 ",A!:, 0 01!; (1% /"_i 1 ,•'C. J LIE)i BILLF}D`�&OUNT NUMBER
BUTTE CO P1.-A!" NTNG DEPART-VIENT
COUNTY CENTER DRIVE ? 16 41 0
1GR01,E TL.i_E CA 95965
AMOUNT DUE AMOUNT PAID
DETACH AND REMIT TOP PORTION WITH YOUR PAYMENT.
DATE DESCRIPTION TIMES UNITS RATE •
1 /fir', 'i'1Ufl5101301 1'Q:-;-146 8 . 91; $1C.T . A0
1 . 0x 12 . 00"01 /21 / 05 1n . 01N
01 /21/05 7308510801 F05•-146 0 . 033301 r . 4t"
1 . 0x 12 . a0"0I/21 /0S 12 . 0IN
01 /,:-!'x/05 T10,51A966 F05--149 8 . 95 $ 3 . 70
1 . Ox 6 . 00"01 .>Fs/o s, 6 . 01N
01 /c:5/05 T 30 #514966 Fria--1 49fJ . vf,57 $0 . 40
1 . OX G . 00"..011ts os 6 . QL59 °
T 10 4.5 14 99 F:Or_._150 t3 . 9sa02 X9'1 . 7 v
1 . 0X. . _1 0 .25'01 /27/05 10 . 31N...,
zs'f /C7d05,?` 1'1 045 l 119 93 FOz,--159 3 , 9507
I . OY_.':'`?;7.5.0";01 /27105 7 .5IN.`>
27%0a c ;
n'i / T304514992 t 05-1 ��:``�°: .`� "a �� 0 . 0390 $0 . 40
01 /27/4x, T3045149 931 1--05 51013,
7 . 50!!,011271(t', i wl:N01 /;~` )"0 -='r 30905701 F-OFi 5'2. 11 '::": cx. .•6na12. 00IN
01 .,228/'05 3090550/ F--0Z';• 152 '4� '2_'6 . 12d112c,10a ; 3C�7�i=9{Di f=-05-12 : #1 ` �• ? '
2 . 01. (z'. 0.tt
INE EBY CERTIFY THAT:
1.;,T a original invoice is either not available a $`}'
'or has been lost or misplaced.
2'. Ttie merchandise or service has been re-
c ived and is due and payable. I .
3. the merchandise or s � cte .ONE.' f F A�
b n viouslY pai tmt coa,r,ty_
Signe -• - ....._
OVER 30 DMartr erit 'ZVEW60 bAYS OVER 90 DAYS CURRENT AMOUNT a •
�EG3S . 25. 2'1W. 10 ?� 4^r 4.� 'w 1 57' ? . 3*7 • s✓�, 5 s7 . 7c'
I
TOTAL BALANCE DUE WITHIN 15 DAYS
BILLED ACCOUNT NO. BILLED ACCOUNT NAME
fol i
1 6 0 BUTTE CO FL.A. N.jING DIE ;,F.Ti-1"EN Eli1'�ERPRISE-RECORD
BILL DATE
Mercury-Register
01/3 1 /05 P.O. BOX 9•CHICO, CA 95927-0009
(530)891-1234
0
L
NOTICE OF DETERMINATION
TO: ® Butte County Clerk -1
❑ Office of Planning and Research �� w
1400 Tenth Street MAR 2 5 7
P.O. Box 3044 -
Sacramento CA 95812-3044 FILING NO.
"N('H x RLIKS,bu'I CO C;
c '60V
FROM: Butte County Department of Development Services, Planning
7 County Center Drive, Oroville, CA 95965
SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the
Public Resources Code.
AP Number: County-wide
Project Title: ZCA 05-02, Zoning Code Amendment
Applicant: Butte County Board of Supervisors, 25 County Center Drive, Oroville, CA 95965
Contact Person: Stephen Streeter Telephone Number: 538-7601
Project Description: Zoning Code Amendment to allow for reduced front and rear yard setbacks on
legal noncongorming lots
Project Location: in Butte County
State Clearinghouse Number(If submitted to clearinghouse):
This is to advise that the Butte County Board of Supervisors approved the above-described project on
March 22, 2005 and has made the following determinations regarding the above-described project:
1. The project❑will,Xwill not, have a significant effect on the environment.
2. ❑An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA.
3. X A Negative Declaration was prepared for this project pursuant to the provisions of CEQA.
4. Mitigation measures ❑were,X were not,made a condition of the approval of the project.
5. A statement of overriding considerations ❑was, X was not, adopted for this project.
This is to certify that the final EIR, with comments and responses and record of project approval, is
available to the general public at:
Date received for filing and posting at OPR
Butte County Department of Development
Services
7 County Center Drive
0 '1 e, 5965
vonne Christopher
Director-Development Services
.f
t
DECLARATION OF FEES DUE
(California Fish and Game Code Section 711.4)
Name and address of applicant:
Butte County.Board of Supervisors
25 County Center Drive
Oroville, CA 95965
Project Title/File Number: Zoning Code Amendment, ZCA 05-02
APN: County-wide
CLASSIFICATION OF ENVIRONMENTAL DOCUMENT:
1. NOTICE OF EXEMPTION/ STATEMENT OF EXEMPTION
❑ A. Statutorily or Categorically Exempt
$36.00 Clerk's Documentary Handling Fee
X B. De Minimis Impact - Certificate of Fee Exemption
$36.00 Clerk's Documentary Handling Fee
2. NOTICE OF DETERMINATION - FEE REQUIRED
❑ A. Negative Declaration
$1,250 State Filing Fee
$36.00 Clerk's Documentary Handling Fee
❑ B. Environmental Impact Report
$850 State Filing Fee
$36.00 Clerk's Documentary Handling Fee
3. OTHER(Specify)
❑ $36.00 Clerk's Documentary Handling Fee
PAYMENT/NON-PAYMENT OF FEES:
1. ❑ PAYMENT: The above fees have been paid.
See attached receipt(s): #
2. X NON-PAYMENT: The above fees are required. Not paid—Board project
Chief Planning Official
By: Yvonne Christopher
Title: Director - Development Services
Lead Agency: Butte County Department of
Development Services
Date: March 22, 2005
TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED
WITH THE BUTTE COUNTY CLERK'S OFFICE.
THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING.
ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE
BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE.
w
CALIFORNIA DEPARTMENT OF FISH AND GAME
CERTIFICATE OF FILING FEE EXEMPTION
De Minimis Impact Finding
(Fish and Game Code Sec. 711.4;Section 753.5c,Title 14,California Code of Regulations)
Project Title/Butte County Location: ZCA 05-02, in Butte County
Project Description: Zoning Code Amendment to allow for reduced front and rear yard setbacks
on legal noncongorming lots
Findings of Exemption(attach as necessary):
1. The County of Butte has conducted an Initial Study and prepared a Negative
Declaration so as to evaluate the potential of this project for adverse
environmental impact:
2. When considering the record as a whole, there is no evidence before the County
that the project will have potential for an adverse impact on wildlife resources or
the habitat upon which the wildlife depends.
3. The County of Butte has, on the basis of substantial evidence, rebutted the
presumption of adverse effect contained in Section 753.5 (d), of Title 14,
California Code of Regulations, if applicable.
4. The project is hereby found to be de minimis in its effect on wildlife and exempt
from the State Fish and Game filing fees required by Section 711.4 of the Fish
and Game Code.
Certification:
I hereby certify that the County of Butte has made the above findings of fact and that based upon
the initial study and hearing record the project will not individually or cumulatively have an
adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code.
/,;of /�✓/l vrl
By:
,� /�z
onne Christopher
Director- Development Services
Lead Agency: County of Butte
Date: March 25, 2005
(SPACE FOR FILING STAMP ONLY)
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA,
IN AND FOR THE COUNTY OF BUTTE
In The Matter Of
Notice of Intent. No.
;sx BUTTE•000N •BOARD OFA.',&= ?
SUP•.ERVISORS NOTICE OFINTENTTO ADOPT'
AFFIDAVIT OF PUBLICATION `;; 'c6r A NEGATIVE DEOLfniii. nVirol.r
In.accordance:•with,the`Calif6mia Environmental
Quality Act(OEQA)'Butte'County has prepared an
State of California Initial Study.and�is considering the adoption of a
Negative Declaraatwn forttie following protect:y.
SS. !.'NEGATIVE15DECLARATION/ZONINGCODE,
AMENQMENTS t ' "t' . ,...''
County Of Butte *49ut iCountyjDepartmente WDevelopment
,t''tServices,rAmendment;.to�Section124-280
t 3�tegardmg s icond 1 dwelling r66Its :and
The undersigned resident of the county of lfamend►ng Sections 24 t32,'2a=ss,2a=los;2a=
110',,'24;115-,i,24420;. 24.125;24;130;24
Butte, State of California, says: 2a 155;.2a;�so;-,24;tss;:24.1s0,•'244110'124Z
F 225235:10r&124�295:10;in;Chepteri24„
^13 entttled "Zoning";`of the"Butte County C6de:'
That I am, and at all time herein mentioned n _This�t`ordinance.�amendment4ill,iincor`porate;
was a citize U
.,�rstate�laws`that�permit�second�units:.without a;.
n of the United States and not a party 4,Z minor.hse'`permit regwrement in zones where'
to nor interested in the above entitled matter *�residential�uses°are••permitted by}right?
0
Paradise Post
Declaration of Publication BUTTE COUNTY BOARD OF SUPERVISORS NOTICE OF INTENT
TO
t ADOPT A`NEGATIVE DECLARATION ,
State of California ' ;. 1 , j
In accordance with the California Environmental Quality Act(CEQA), ;
County of Butte J But e-County`fiaswprepared an',Initial Study and'is considering the
adoption of,a Negative Declaration for the following project:,'
Declarant Says: NEGATIVE DECLARATION/ZONING CODE AMENDMENTS. ,
That at all times herein mentioned Declarant is and was a A:;;'Butte Courit ,Department of:•DeveloPment'.Services,'
� y _
resident of said county of Butte over the age of twenty-one Ainendrient•to Section 24-280 regarding'second dwelling"units
years; not a part to nor interested in the within matter; that pnd;amending.Sect16hs 24-82,24-95;'24-105;24-110, 24-115,-24-
Declarant is now and was at all times herein mentioned the 210,:24 225,2
4-1 24=235101&X24-295.10 InsChapter5,244entitl d
Legal Clerk of the Paradise Post, a tri-weekly newspaper, °Zoning",6f.the Butte County'Code;.This oFdinance amendmeni
which said newspaper was adjudged a newspaper of general 'permitwillio quiaeinentte en zonews s her mi ree.cond n ial usesW" itare permior uby
se
circulation on November 12, 1946, by Superior Court Order right. '(YC)(ZCA 05-01)
No.22262 as entered in Book 30 Page 223 of said Court; and
B. Butte County ,Department.of ztDevelopment 'Services,
that said newspaper is printed and published every Tuesday, 'Amendment to the text,of Chapter,24;Section 24-35.40 regarding
unty of Butte; and nonconforming parcels:= This ordinance`amendment:would allow
Thursday and Saturday in Paradise in said Co
.rear yafd setbacks to be reduced by five-foot increments with a mini-
that the imum rear.y*d setback of ten feet and'revise the building envelope to
Public Notice ififty feet'in.width„(YC)(ZCA 05 02)
Notice of Public Hearing C. Butte'. County,,-Department: ofY Development. Services,
Butte County Planning Amendment to'the text bf Chapter 24;Sections 24-140,24-145,24-
NEGATIVE DECLARATION20NING CODE AMENDMENTS 1150, 24=155;"and .24-225. egarding commercia{ signage,.entitled
Zoning';16f the Butte'Countti^Code- 'Thisordinance amendment
Legal #069-05 would amend the commercial zones bf the County so that where com-
merdq'lly-zoned„property is adjacent to residentially-zoned.property,
the standards for allowable signs-would be the sign standards in the
N-C(Neighborhood Commercial).zoning district.•(YC)(ZCA 05-04)
Of which the copy annexed on the margin hereof is a true ,., . . .
printed copy, was published in said newspaper in the issues of. Initial Study/Negative Declaration and reference documents for.this
project are on.file for public review starting February 4,2005,.through
Februay 28,,2005, at the Butte County Planning Division, 7 County
February 5, 2005 Center,Drive;Qro0le,California. All interested persons are invited to
and that such publications was made in the regular issues of review the%do6brfi6nis. Writtqn comments will be Plan ng Di isi n at the abo a add ess Any written comaccments s oted n the
said paper (and not in any supplthe
emental edition or extra 'Initial Study/:Negative Declaration must,be received at the above
address within the public review period..;
thereof)...
{ declare under penalty of perjury that the foregoing is true and It you challenge the-Initial Study/Negative Declaration in court, you
may be limited to raising only those issues you or someone else raised
I in written correspondence delivered to the Planning Division: The
correct. J,Butte County Planning•Commission will hold a public hearing on the
Executed on February 5, 2005 ordinances on,Feb ruary':J 0,,,200& if the`Planning;-Commission rec-
Para ise, California. ommen8s'[fiat the orduiances.be approved at ttiat'meeting;ttle'Butte'
r County Board,of Supervisors'are expected to hold a public hearing to
consider adoption of the Negative Declaration and the ordinances on
March 1;2005.The confirmed date,time,and location of the Board of
'Supervisors hearing will be published,in 1/8-page display ads in
County newspapers of general circulation. .`,'
YVONNE CHRISTOPHER, DIRECTOR OF DEVELOPMENT SER'
Declarant VICES
Feb..5,2005
4 069-05
PROOF Old
PUBLICATION
No.
In The Matter of �
�ZLA��DI,ZcA o5 o�-a��
BUTTE COUNTY BOARD OF SUPERVISORS NOTICE OF INTENT OF
ADOPT A NEGATIVE DECLARATION.
(State Of California) In accordance with the California Environmental Quality Act (CEQA), Butte
(County of Butte) as County hasprepared an Initial Study and is considering the adoption.of a Negative
Declaration for the following project:
NEGATIVE DECLARATION/ZONING CODE AMENDMENTS
The undersigned resident of the County of Butte, A. Butte County Department of Development Services, Amendment to
Section 24-280 regarding second'dwelling"units and amending Sections 24-
State of California,says: 82,24-95,24-105,.24-110,24-115,24-120,24-125,24-130,24-135,24.155,24-160,
24-165, 24-190, 24-210, 24-225, 24-235.10.& 24-295.10 In Chapter 24,entitled
'That I am and at all time herein mentioned "Zoning,"of the Butte County Code:This ordinance amendment will incorporate
r state laws that permit second units without a minor use Permit requirement in
was a citizen of the United States and not a party to zones where residential uses are permitted,by'right(YC)(ZCA 05-01))
nor interested in the above entitled matter; that I B. Butte County Department of•Development Services,-Amendment to the
text of Chapter 24, Section 24-35.40 regarding nonconforming parcels: This
am the principal clerk of the printer and publisher of ordinance amendment would allow.rear yard setbacks.to be reduced by five-foot
increments with a minimum rear yard setback of ten feet and revise the building
envelope•to fifty feet in width.(YC)(ZCA 05-02)
The Gridley Herald C.. Butte County Departmerit,of Development Services, Amendment to the
text of Chapter 24;�Sectloris 24-140,'24-145,•24-150, 24-155, and 24-225
regarding.commercial signage,entitled "Zoning," of the Butte County Code:
That said newspaper is one of general This ordinance amendment would amend the commercial zones of the County so
No.27,
circulation as defined-by Section 6000 Government that where commercially-zoned property is adjacent to residentially-zoned
ase property,the standards for allowable signs would be the sign standards in the N C
Code of the State of California,
C 207 by (Neighborhood Commercial)zoning district.(YC) (ZCA 05-04)
the Superior Court of the State of California,in and Initial Study/Negative Declaration and reference documents for this project are
Pe on file for public review starting February 4,2005,through February 28,2005,at the
for the County of Butte;that said newspaper at all Butte County Planning Division, 7 County Center Drive, Oroville, California. All
times herein mentioned was rimed and published interested persons are invited to review the documents.Written comments will be
P P accepted by the Planning Division at the above address.Any written comments on
twice a week (on Wednesdays and Fridays) in the the Initial Study/Negative Declaration must be received at the above address within
the public review period.
City of Gridley and County of Butte;that the notice If you challenge the Initial Study/Negative Declaration in court, you may. be
of which the annexed is a true printed copy, was limited to raising only those issues you or someone else raised in written
correspondence delivered to the Planning Division. The Butte County Planning
published in said newspaper on the following days: Commission will hold a public hearing on the ordinances on February 10, 2005. If
the Planning Commission hearing on the ordinances on February 10,2005. If the
Planning Commission recommends that the•ordinances be approved at that
meeting, the Butte County Board of Supervisors are expected to hold a public
hearing to consider adoption of the Negative Declaration and the ordinances on
March 1,2005.The confirmed date,time,and location of the Board of Supervisors
I certifiy(or declare),under penalty of perjury,that hearing will be published in 1/8 page display ads in County newspapers of general
circulation.
the foregoing is true and correct, at Gridley, YVONNE CHRISTOPHER,DIRECTOR OF DEVELOPMENT SERVICES
California. Publish:February4,2005 a GridleyHerald
Dated
at Gridley ' orni ,
V
(Sig ure) v FrE8 0 a
1�� ®div P
`�'_RsJCES
or' mv WwFr -1r• ZC• f r- p� m -10 0 (� 0 V
m (D CD
m es a d d Cp
m m N N N ? N iu y m w P1 CD
m m o o m �c a M o m? o w `� O 0 A
ff
BUTTE COUNTY PLANNING COMMISSION BUTTE COUNTY PLANNING.COMMISSION BUTTE COUNTY PLANNING COMMISSION'
NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING
AND AND' AND
NOTICE OF INTENT TO ADOPT A NOTICE OF INTENT TO ADOPT A NOTICE OF INTENT TO ADOPT,A
NEGATIVE DECLARATION NEGATIVE DECLARATION NEGATIVE DECLARATION'
Notice is hereby given by the. Butte .County Planning Notice is.her given by the Butte County Planning Notice is hereby 'given by the Butte County Planning
Commission that a public hearing will,be held on Thursday, , Commission that a public hearing will be on Thursday, Commission that a_public hearing willibe held.on.Thursday;.,
February 10,2005,,-,in the Butte County.Board of Supervisors';". February.10,2005,in the'Butte County Board of Supervisors' February•10,2005,•in-the Butte County Board of Supervisors';
Room,County Administration Center,25 County Center-Drive,.' Room,County Administration Center,25 County Center Drive, Room,County Administratio&Center;25 County Center Drive,
Oroville,California,at 9:00 a.m.regarding the following item: Oroville,California,at 9:00 a.m.regarding the following item: Oroville,California,at 9:00 a.m.regarding the following item:
Butte County Department of Development Services„ Butte County Department of :'Development Services, Butte County, Department ofi.,DevelopmentAeryices, ,
Amendment to Section 24-280 regarding second dwelling;' Amendment to the text of Chapter 24, Section 24-35.40 Amendment to the.text ofChapter 24;i'$ections'24-140;`24
units and amending Sections 24-82,24-95,24-'105"24-110,24- • 'regarding nonconforming parcels: ;This ordinance amend- 145,24-150,24-155, and.24-225'cegar'ding commercial<slg;
115,24-120,24-125,24-130,24-135,24-155,24-160,24-165,;• meat would'a]low rear.yard setbacks to be reduced by five-foot nage,entitiled "Zoning",..of the 0titte County Code;',*This ii
24-190,24-210,24-225,24-235.10&24-295.101in Chapter 24, increments with.a minimum rear yard setback of ten feet and ordinance amendment would amend-t6e'conimercial zones of[Fie entitled"Zoning",of the Butte County Code: This ordinance revise the building envelope to fifty feet in width. (YC)(ZCA County so that where commerciallylio'a pjoperty is adjacent Co;y;
amendment will incorporate state laws that permit second units 05-02)• residentially-zoned property..the.steijdards.�for allowable:signs j
without a minor use permit requirement in zones where resider In accordance'with the California Environmental Quality Act would be the sign standards iria`aie$NtC (Neighbo'rFioody
tial uses are permitted by right. (YC)(ZCA 05-01) Commercial)zoning district. (YC)'(ZCAAS=04), '• r?,fi'i-,?
(CEQA), an Initial.Study and Negative Declaration have been'' .•;, `; tse;
In accordance with the California Environmental,Quality Act prepared,and are being circulated,for the above project. The In accordance with the•Califomia Enviro"n'men[a1,Qualiry?Act�Y
(CEQA), an Initial Study and Negative Declaration have been` Planning Commission will only make recommendations to the (CEQA),an.initial Study and Negative:Declaratiori.have�been,,a;
prepared for the above project. The Planning Commission wilt Board of Supervisors. prepared for the above project. The.Planning-Commissioa will'
only make recommendation's to the Board of Supervisors. only make recommendations to'the Board of supervisors..,
if you challenge either the Negative Declaration or the Zoning..
If you challenge either the Negative Declaration or the Zoning' Code Amendment in court,you may be limited to raising only If you'challenge either the Negative Declaration'or the Zoning
Code Amendment in court,you may be limited to•raising only thoseissues you.or someone else.raised at the public hearing . Code Amendment in 'court,you•may be limited to raising only
those issues you or sonteone.'else raised at the public hearing described in.this notice,or in written correspondence delivered those issues.you or someone•else raised at the public hearing
described in this notice,or in written correspondence delivered to to the Planning Division at,.or.prior to,the public hearing. described in this notice,or in written correspondence delivered to
the Planning Division at,or prior to,the public hearing. For further information•regarding this project, please contact the Planning Division.at,or prior to,the public hearing.
For further information regarding this project;please contact. Yvonne Christopher, project planner, at the Butte County For further information regarding this project, please contact
Yvonne Christopher, project planner, at the Butte County Planriing Division at(530)538-7601. Yvonne Christopher; project planner,'at the Butte County
Planning Division at(530)538-7601. Planning Division at(530)538-7601.
BUTTE COUNTY-PLANNING DIVISION
COUNTY PLANNING DIVISION YVONNE CHRISTOPHER, BUTTE COUNTY PLANNING DIVISION
BUTTE
BUTTE C CHRISTOPHER, DIRECTOR OF DEVELOPMENT SERVICES YVONNE CHRItSTOPHER,
DIRECTOR OF DEVELOPMENT SERVICES
DIRECTOR OF DEVELOPMENT SERVICES
' 11051-OS
January 27,2005
I
i
I
NOTICE OF DETERMINATION
TO: ® Butte County Clerk
❑ Office of Planning and Research MAR 2
1400 Tenth Street `�
P.O. Box 3044
CV�1 �(C�RB
31IE CO.C4.ERK
Sacramento, CA 95812-3044 FILING NO. "
%pull
FROM;• Butte County Department of Development Services,Planning
7 County Center Drive, Oroville, CA 95965
SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the
Public Resources Code.
AP Number: County-wide
Project Title: ZCA 05-02, Zoning Code Amendment
Applicant: Butte County Board of Supervisors, 25 County Center Drive,Oroville,CA 95965
Contact Person: Stephen Streeter Telephone Number: 538-7601
Project Description: Zoning Code Amendment to allow for reduced front and rear yard setbacks on
legal noncongorming lots
Project Location: in Butte County
State Clearinghouse Number(If submitted to clearinghouse):
This is to advise that the Butte County Board of Supervisors approved the above-described project on
March 22, 2005 and has made the following determinations regarding the above-described project:
1. The project❑will,Xwill not,have a significant effect on the environment.
2. ❑An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA.
3. X A Negative Declaration was prepared for this project pursuant to the provisions of CEQA.
4. Mitigation measures ❑were,X were not,made a condition of the approval of the project.
5. A statement of overriding considerations❑was,X was not, adopted for this project.
This is to certify that the final EIR,with comments and responses and record of project approval, is
available to the general public at:
Date received for filing and posting at OPR
Butte County Department of Development
Services
7 County Center Drive
O i e, 5965
vonne Christopher
Director-Development Services
y�
DECLARATION OF FEES DUE
(California Fish and Game Code Section 711.4)
Name and address of applicant:
Butte County Board of Supervisors
25 County Center Drive
Oroville, CA 95965
Project Title/File Number: Zoning Code Amendment, ZCA 05-02
APN: County-wide
CLASSIFICATION OF ENVIRONMENTAL DOCUMENT:
1. NOTICE OF EXEMPTION/ STATEMENT OF EXEMPTION
❑ A. Statutorily or Categorically Exempt
$36.00 Clerk's Documentary Handling Fee
X. B. De Minimis Impact - Certificate of Fee Exemption
$36.00 Clerk's Documentary Handling Fee
2. NOTICE OF DETERMINATION- FEE REQUIRED
❑ A. Negative Declaration
$1,250 State Filing Fee
$36.00 Clerk's Documentary Handling Fee
❑ B. . Environmental Impact Report
$850 State Filing Fee
$36.00 Clerk's Documentary Handling Fee
3. OTHER(Specify)
❑ $36.00 Clerk's Documentary Handling Fee
PAYMENT/NON-PAYMENT OF FEES:
1. ❑ PAYMENT: The above fees have been paid.
See attached receipt(s): #
2. X NON-PAYMENT: The above fees are required. Not paid—Board project
Chief Plannine Official
By: Yvonne Christopher
Title: Director- Development Services
Lead Agency: Butte County Department of
Development Services
Date: March 22, 2005
TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED
WITH THE BUTTE COUNTY CLERK'S OFFICE.
THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING.
ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE
BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE.
i+
f
CALIFORNIA DEPARTMENT OF FISH AND GAME
CERTIFICATE OF FILING FEE EXEMPTION
De Minimis Impact Finding
(Fish and Game Code Sec.711.4;Section 753.5c,Title 14,California Code of Regulations)
Project Title/Butte County Location: ZCA 05-02, in Butte County
Project Description: Zoning Code Amendment to allow for reduced front and rear yard setbacks
on legal noncongorming lots
Findings of Exemption (attach as necessary):
1. The County of Butte has conducted an Initial Study and prepared a Negative
Declaration so as to evaluate the potential of this project for adverse
environmental impact:
2. When considering the record as a whole, there is no evidence before the County
that the project will have potential for an adverse impact on wildlife resources or
the habitat upon which the wildlife depends.
3. The County of Butte has, on the basis of substantial evidence, rebutted the
presumption of adverse effect contained in Section 753.5 (d), of Title 14,
California Code of Regulations, if applicable.
4. The project is hereby found to be de minimis in its effect on wildlife and exempt
from the State Fish and Game filing fees required by Section 711.4 of the Fish
and Game Code.
Certification:
I hereby certify that the County of Butte has made the above findings of fact and that based upon
the initial study and hearing record the project will not individually or cumulatively have an
adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code.
By:
onne Christopher
Director - Development Services
Lead Agency: County of Butte
Date: March 25, 2005
1 Ordinance No. 3904
2 AN ORDINANCE AMENDING CHAPTER 24 REGARDING NONCONFORMING PARCELS
3 ENTITLED "ZONING OF THE BUTTE COUNTY CODE
4 The Board of Supervisors of the County of Butte ordains as
5 follows :
6 Section 1 . Section 24-35 .40 of Chapter 24 of the Butte
County Code is amended to read as follows :
7
24-35 . 40 Nonconforming parcels of record.
8
9 Except as otherwise provided in this chapter or where
specifically merged under the provisions of section 66499 . 11 et
10 seq. of the Government Code, any legally established parcel of
land of record having less than the minimum width or frontage
11 required for the zone in which it is located, may be used for a
permitted use provided that the parcel :
12 (a) Meets the other area or dimensional standards and
requirements for the proposed use unless changed by the
13 planning commission with a variance; and
(b) Meets the requirements of the Butte County health
14 division for the provisions of water and sewage
15 disposal .
16 Side yard setbacks on nonconforming lots may be reduced by
five-foot increments until at least a fifty-foot wide building
17 envelope is achieved. No side yard setback requirement is to be
reduced below ten (10) feet . Rear yard setbacks on
18 nonconforming lots may be reduced by five-foot increments with
a minimum rear yard setback of ten-feet . Such modifications of
19 side yard or rear yard setbacks are to be approved in each and
every case by the director of development services or designee
20 after finding that the subject property is a legally created
nonconforming lot . In making the setback determinations, the
21 director or designee may use information pertinent to the
parcel and surrounding area with comparable zoning, e.g. 1) the
22 setback requirements of the prior zone, and 2) the average
setbacks on nearby parcels of similar size, shape and within
23 the same zoning district .
24 Section 2 . Severability. If any provision of this Ordinance or
25 the application thereof to any person or circumstances is for any
26 reason held to be invalid by a court of competent jurisdiction, such
27 provision shall be deemed severable, and the invalidity thereof shall
— not affect the remaining provisions or other applications of the
1
I Ordinance which can be given effect without the invalid provision or
2 application thereof .
3 Section 3 . Effective Date and Publication. This Ordinance
4 shall take effect thirty (30) days after the date of its passage .
5
The Clerk of the Board of Supervisors is authorized and directed to
6
publish this ordinance before the expiration of fifteen (15) days
7
after its passage . This Ordinance shall be published once, with the
8
names of the members of the Board of Supervisors voting for and
9
10 against it, in the Chico Enterprise Record, a newspaper of general
11 circulation published in the County of Butte, State of California .
12
PASSED AND ADOPTED by the Board of Supervisors of the County of
13 Butte, State of California, on the 22nd day of March, 2005, by the
14 following vote :
15 YES : Supervisors Connelly, Dolan, Houx, Josiassen, and. Chair
16 Yamaguchi .
17 NOES : None
18 ABSENT: None
19 NOT VOTING: None
20
21
KIM K. YAMAGUCHI, Chair of the
22 Butte County Board of Supervisors
23
ATTEST: PAUL McINTOSH, Chief Administrative
24 Officer and Clerk of the Board
25
26 By:
27
G: \ORDINANCE\nonconfpclsord.wpd
2
B-P, TFE COUNTY gERK OF THE BOARD USE ONLY
BOARD OF SUPERVISORS MEETING DATE:
AGENDA TRANSMITTAL AGENDA ITEM:
AGENDA TITLE: Zoning Code Amendment for Nonconforming Lot Setbacks
DDS, DATE: 3/9/2005 MEETING DATE 3/22/05
DEPARTMENT: Planning REQUESTED:
Yvonne C. PHONE: REGULAR X CONSENT
CONTACT: 538-
6821
DEPARTMENT SUMMARY AND REQUESTED BOARD ACTION: This ordinance amendment would
allow rear yard setbacks to be reduced by five-foot increments with a minimum rear yard setback of ten
feet on nonconforming parcels. It would also revise the building envelope to fifty feet in width from
seventy-five feet in width for such parcels. . The Planning Commission held a public hearing on
February 10, 2005 to consider the proposed nonconforming lot setback ordinance and unanimously
recommended approval to the Board of Supervisors.
ACTION REQUESTED: See attached page 3 and 4 of the Agenda Report
AGENDA ITEM SUBMITTALS REQUIRE THE ORIGINAL (1) IN A FORMAT THAT CAN BE
REPRODUCED BY STANDARD OFFICE EQUIPMENT
ATTACH EXPLANATORY MEMORANDUM AND OTHER BACKGROUND INFORMATION AS NECESSARY
Budgetary Impact: Yes No X CAO OFFICE USE ONLY
If yes, complete Budgetary Impact Worksheet on back
Budget Transfer Requested: Yes No x Administrative Office Review
If yes, complete Budget Transfer Request Worksheet on
back. Administrative Office Staff Contact
(Deadline is one business day prior to normal agenda
deadline.) 4/5/s Vote Required: Yes: _ No:
Will Proposal Require an Agreement: Yes No x
Auditor-Controller's Number(if Date Received by Clerk of the Board:
required):
County Counsel's Approval: Yes No x
Will Proposal Require Additional Personnel: Yes _ No x
Number of Permanent: Temp
Extra Help
Previous Board Action Date: Additional Information Attached: Yes x No
Describe: memo
Rev. 06/02
1 Proposed Ordinance, -
2 Ordinance No.
3 ZONING CODE AMENDMENT 05-02 : ORDINANCE AMENDING SECTION 24-35 .40
4 REGARDING NONCONFORMING PARCELS OF RECORD IN CHAPTER 24, ENTITLED
5 "ZONING", OF THE BUTTE COUNTY CODE
6 The Board of Supervisors of the County of Butte ordains as follows:
7 Section 1. Section 24-35 .40 of Chapter 24 of the Butte
County Code is amended to read as follows:
8 24-35 .40 Nonconforming parcels of record.
9 Except as otherwise provided in this chapter or where
specifically merged under the provisions of section 66499 . 11
10 et seq. of the Government Code, any legally established
parcel of land of record having less than the minimum width
11 or frontage required for the zone in which it is located, may
be used for a permitted use provided that the parcel:
12 (a) Meets the other area or dimensional standards and
13 requirements for the proposed use unless changed by
the planning commission with a variance; and
14 (b) Meets the requirements of the Butte County health
division for the provisions of water and sewage
15 disposal.
16 Side yard setbacks on nonconforming lots may be reduced
by five-foot increments until at least a fifty-seventy five
17 foot wide building envelope is achieved. No side yard setback
requirement is to be reduced below ten (10) feet. Rear yard
18 setbacks on nonconforming lots may be reduced by five-foot
increments with a minimum rear yard setback of ten-feet.
19 Such modification-9 of side yard or rear yard setbacks are 1-9—to
20 be approved in each and every case by the director of
development services or designee deput after finding that the
21 subject property is a legally created nonconforming lot. In
making the setback determinations, the director or designee may
22 use information pertinent to the parcel and surrounding area
with comparable zoning, e.g. 1 the setback requirements of the
23 prior zone, and 2) the average setbacks on nearby parcels of
similar size, shape and within the same zoning district.
24
25
26
27
Butte County Zoning Code Amendment 05-02 1
I Section 2 . Severability. If any provision of this Ordinance or the
2 application thereof to any person or circumstances is for any reason
3 held to be invalid by a court of competent jurisdiction, such
4 provision shall be deemed severable, and the invalidity thereof shall
5
not affect the remaining provisions or other applications of the
6
Ordinance which can be given effect without the invalid provision or
7
application thereof.
8
Section 3 . Effective Date and Publication. This Ordinance shall
9
10 take effect thirty (30) days after the date of its passage. The
11 Clerk of the Board of Supervisors is authorized and directed to
12 publish this ordinance before the expiration of fifteen (15) days
13 after its passage. This Ordinance shall be published once,. with the
14 names of the members of the Board of Supervisors voting for and
15 against it, in the a newspaper of general circulation
16 published in the County of Butte, State of California.
17 PASSED AND ADOPTED by the Board of Supervisors of the County of
18 Butte, State of California, on the day of
19 2005, by the following vote:
20 YES:
21
NOES:
22
ABSENT:
23
NOT VOTING:
24
25
26 KIM K. YAMAGUCHI, Chair of the
Butte County Board of Supervisors
27
Butte County Zoning Code Amendment 05-02 2
ATTEST:
1 PAUL 'McINTOSH, Chief
2 Administrative Officer
and Clerk of the Board
3
4 By
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Butte County Zoning Code Amendment 05-02 3
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA REPORT—MARCH 22, 2005
Applicant: County of Butte Location: Countywide
File#: ZCA 05-02 Parcel Size: N/A
Request: Zoning Code Amendments Supervisor 1-5
for Nonconforming Lot Districts:
Setbacks
G.P.: Agricultural Residential, Planner: Stephen Streeter, Contract
Foothill Area Residential, Planner
Low Density Residential,
Medium Density Residential,
High Density Residential,
Timber Mountain
Zoning: AR through AR-10, A-SR, Attachments:
FR-1 through FR-160, M-R,
R-1 through R-4, R-N, RT-1 A: Draft Ordinance
through RT-1 A, SR through
SR-5, H-C, N-C, R-P, TM-1
through TM-160, S-H, U
Zone Date: N/A B: Planning Commission
Agenda Report/Minutes of
February 10, 2005
APN: Various
The Initial Study is included as an attachment with ZCA 05-01, the second dwelling unit
ordinance.
EXECUTIVE SUMMARY: This ordinance amendment would allow rear yard setbacks to be
reduced by five-foot increments with a minimum rear yard setback of ten feet on nonconforming
parcels. It would also revise the building envelope to fifty feet in width from seventy-five feet in
width for such parcels. The Planning Commission held a public hearing on February 10, 2005,
to consider the proposed nonconforming lot setback ordinance. After receiving a brief summary
of the recommended revisions by the Director of Development Services, the Planning
Commission unanimously recommended approval to the Board of Supervisors.
■ Butte County Department of Development Services ■
EMarch 22, 2005■ Agenda Report—Zoning Code Amendment 05-02■ Page 1 0
s
PROJECT DESCRIPTION:
Existing Ordinance
• A nonconforming parcel per Section 24-35.40 of the Butte County Code is any legally
established parcel of land of record having less than the minimum width or frontage
required for the zone in which it is located.
• The existing ordinance allows for side yard setbacks on nonconforming lots to be reduced
by five-foot increments so long as a minimum seventy-five-foot wide building envelope
remains.
Existing and Proposed Ordinances
• Ten (10) feet is the minimum side yard setback in the existing ordinance and would be
the minimum rear yard setback in the proposed ordinance.
• The modification of side yard setbacks in the existing ordinance requires approval by the
Director of Development Services or deputy after finding the property qualifies as a
legally created nonconforming lot. The same procedure is proposed for rear yard setback
modifications in the proposed ordinance.
• Another amendment that affects both side yard and rear yard setbacks is the building
envelope width; a reduction in width is proposed from seventy-five feet to fifty feet.
CHRONOLOGY: The last comprehensive amendments to the Zoning Code occurred in 1994.
Planning Commission minutes from the July 26, 1994, meeting are attached to the agenda report
for Zoning Code Amendment 05-01 for Second Dwelling Units.
ANALYSIS: The proposed amendment would allow the same flexibility for rear yard setbacks
on nonconforming lots so that reductions in five-foot increments could be made.
• As with side yard setbacks, the rear yard setback requirement could not be reduced below
ten (10) feet unless a variance application was made to the Planning Commission and
approved.
• A reduction in the building envelope width is proposed from seventy-five feet to fifty
feet. This reduction is justified by:
o 1) The lot width requirements of Section 24-75 of the Butte County Code that
calls for a sixty-five (65) foot minimum lot width; and
o 2) The fact that the lots are nonconforming within the residential zones; in many
cases, due to being substandard in size at the time of being rezoned; have
difficulty meeting the zoning setback requirements without an administrative
setback reduction or variance.
• The modification of side yard or rear yard setbacks are to be approved in each and every
case by the Director of Development Services or designee after finding that the subject
property is a legally created nonconforming lot. Designee is replacing "deputy", a title
not part of the Development Services Department.
• Another amendment to the section is to add criteria that the director or designee may use
to make findings with regard to setbacks. In making the setback determinations, the
director or designee may use information pertinent to the parcel and surrounding area
with comparable zoning, e.g. 1) the setback requirements of the prior zone, and 2) the
■ Butte County Department of Development Services ■
■March 22, 2005 0 Agenda Report—Zoning Ordinance Amendment 05-020 Page 2
average setbacks on nearby parcels of similar size, shape and within the same zoning
district.
CEQA ISSUES: The initial study prepared for this project determined there would be no
significant environmental impacts for the zoning ordinance amendment pertaining to
nonconforming legal lot setbacks. Subsequent applications to the Director of Development
Services for a finding to modify a rear yard setback for a legal nonconforming lot would be an
administrative review. The Planning Commission would only get involved for any setback
variance applications. Environmental review would not be required for these actions.
The collection of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is not
required because the project would not cause an impact to fish or wildlife or their habitat.
ENVIRONMENTAL DOCUMENTATION: The County's contract planner has prepared a
combined initial study for the three separate zoning code amendments pertaining to commercial
signs, nonconforming parcel setbacks and second dwelling units. Staff determined, based on a
review of the Initial Study, that no significant project impacts would occur from this zoning code
amendment and recommends adoption of a Negative Declaration of environmental impact by the
Board of Supervisors. Display ads regarding the 20-day review period were published in the
Chico Enterprise Record, Oroville Mercury Register, Paradise Post and Gridley Herald.
ACTION FOR CONSIDERATION: Staff concurs with the recommendation of the Planning
Commission. The Planning Commission recommended that the Board of Supervisors take the
following action:
The Board of Supervisors, following public hearing and discussion, adopts the following
findings with regard to the proposed nonconforming lot setback ordinance:
I. The Nonconforming Lot Setback Ordinance has been the subject of staff study and has
been prepared for the purpose and intent as stated in Section 24-35.40 of the proposed
ordinance.
II. Adopt a Negative Declaration with the following findings:
A. Find that an Initial Study was completed in compliance with the California
Environmental Quality Act, and that said Initial Study identified no significant
potential environmental effects, and a Negative Declaration is proposed.
B. Find that the Board of Supervisors has considered the proposed Negative
Declaration, together with comments received during the public hearing process.
The Initial Study has been independently reviewed, analyzed and considered and
reflects the independent judgment of the County of Butte, which is the Lead
Agency.
■ Butte County Department of Development Services ■
■March 22, 2005 0 Agenda Report—Zoning Ordinance Amendment 05-020 Page 3
C. Find that on the basis of the whole record before the Board of Supervisors,
including the Initial Study and comments received pertaining to the Initial Study
and all other oral and documentary evidence received, that there is no substantial
evidence that the ordinance amendment for nonconforming lot setbacks will have
I
significant effect on the environment.
III. The proposed project will not cause environmental damage to fish and wildlife or their
habitat, and a "de minimus" exemption regarding impact to fish and wildlife or their
habitat is recommended. With regard to the adoption of the amended ordinance, there are
no identified impacts on fish and wildlife. The collection of fees pursuant to Fish and
Game Code Section 711.4(d)(3) and 14 CCR 753.5. is not required.
IV. Adopt the attached ordinance amending Section 24-35.40 Nonconforming Parcels of .
Record to Chapter 24 of the Butte County Code, with the following findings.
A. The proposed zoning code amendment is consistent with the Butte County
General Plan Goals and Policies*,particularly Land Use Element Policies:
3.2.c. Relate residential densities to intensity and compatibility of adjacent uses.
Allowing a reduction of rear yard setbacks on nonconforming legal parcels will
increase the intensity of use for a single-family residence, but not in such a way as
to be incompatible with adjacent land uses.
4.2.a. Maintain economic use and value of private property.
A reasonable use of rear yard setback areas on nonconforming legal parcels will
enhance property use and the value of private property.
*The Board of Supervisors may choose to add or delete General Plan policies
from this list along with any supplemental comments pertaining to the
nonconforming lot setback issue.
■ Butte County Department of Development Services ■
■March 22, 2005 0 Agenda Report—Zoning Ordinance Amendment 05-02■ Page 4
i
BUTTE COUNTY PLANNING COMMISSION
AGENDA REPORT—FEBRUARY 10, 2005
Applicant: County of Butte Location: Countywide
File #: ZCA 05-02 Parcel Size: N/A.
Request: Zoning Code Amendments Supervisor 1-5
for Nonconforming Lot Districts:
Setbacks
G.P.: Agricultural Residential, Planner: Stephen Streeter, Contract
Foothill Area Residential, Planner
Low Density Residential,
Medium Density Residential,
High Density Residential,
! Timber Mountain
Zoning: AR, through AR-10, A-SR, Attachments:
FR-1 through FR-160, M-R,
R-1 through R-4, R-N, RT-1 A: . Draft Ordinance
through RT-lA, SR through
SR-5, H-C, N-C, R-P, TM-1
through TM-160, S-H, U
Zone Date: N/A B: Initial Study (see ZCA 05-
01)
j APN: Various
i
EXECUTIVE SUMMARY:
This ordinance amendment would allow rear yard setbacks to be reduced by five-foot increments
with a minimum rear yard setback of ten feet on nonconfo.rnling parcels. It would also revise the
building envelope to fifty feet in width from seventy-five feet in width for such parcels. .
PROJECT DESCRIPTION:
Existing Ordinance
• A nonconforming parcel per Section 24-35.40 of the Butte County Code is any legally
established parcel of land of record having less than the minimum width or frontage
required for the zone in which it is located.
• The existing ordinance allows for side yard setbacks on nonconforming lots to be reduced
by five-foot increments so long as a minimum seventy-five-foot wide building envelope
remains.
■ Butte County Department of Development Services ■
■February 10, 20050 Agenda Report—Zoning Ordinance Amendments 05-020 Page 1 N
Existing and Proposed Ordinances
• Ten (10) feet is the minimum side yard setback in the existing ordinance and would be
the minimum rear yard setback in the proposed ordinance.
• The modification of side yard setbacks in the existing ordinance requires approval by the
director of development services or deputy after finding the property qualifies as a legally
created nonconforming lot. The same procedure is proposed for rear yard setback
modifications in the proposed ordinance
• An amend.m.ent that affects both side yard and.rear yard setbacks is the building envelope
width; a reduction in width.is proposed from seventy-five-feet to fifty feet.
CHRONOLOGY: The last comprehensive amendments to the Zoning Code occurred in 1994.
Planning Commission minutes from the July 26, 1994 meeting are attached to the agenda report
for Zoning Code Amendment 05-01 for Second Dwelling Units.
ANALYSIS:
• The proposed amendment would allow the same flexibility for rear yard setbacks on
nonconforming lots so that reductions in five-foot increments could be made.
• As with side yard setbacks, the rear yard setback requirement could not be reduced below
ten(10) feet unless a variance application was made to the Planning Commission and
approved.
• A reduction in the building envelope width is proposed from seventy-five-feet to fifty
feet. This reduction is justified by:
o 1) The lot width requirements of Section 24-75 of the Butte County Code that
calls for a sixty-five (65) foot minimum lot width; and
o 2) The fact that the lots are nonconforming within the residential zones; in many
cases, due to being substandard in size at the time of being rezoned; have
difficulty meeting the zoning setback requirements without an administrative
setback reduction or variance.
• The modification of side yard and rear yard setbacks are to be approved in each and every
case by the director of development services or designee after finding that the subject
property is a legally created nonconforming lot. Designee is replacing "deputy", a title
not part of the Development Services Department.
• Another amendment to the section is to add criteria that the director or designee may use
to make findings with regard to setbacks. In making the setback determinations, the
director or designee e may use information pertinent to the parcel and surrounding area
with comparable zoning, e.g. 1) the setback requirements of the prior zone, and 2) the
average setbacks on nearby parcels of similar size, shape and within the same zoning
district.
CEQA ISSUES:
The initial study prepared for this project determined there would be no significant
environmental impacts for the zoning ordinance amendment pertaining to nonconforming legal
■ Butte County Department of Development Services ■
■February 10, 2005 0 Agenda Report—Zoning Ordinance Amendment 05-020 Page 2
lot setbacks. Subsequent applications to the Director of Development Services for a finding to
modify a rear yard setback for a legal nonconforming lot would be an administrative review.
The Planning Com.misslo.n would only get involved for any setback variance applications.
Environmental review would not be.required for these actions.
The collection of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is not
required because the project would not cause an impact to fish or wildlife or their habitat
ENVIRONMENTAL DOCUMENTATION:
The County's contract planner has prepared a combined initial study for the three separate
zoni.n.g code amendments pertaining to commercial signs, nonconforming parcel setbacks and.
second dwelling units. Staff determined, based on a review of the Initial Study, that no
significant project impacts would occur from this zoning code amendment and recommends
adoption of a Negative Declaration of environmental impact by the Board of Supervisors.
Display ads regarding the 20-day review period were published in the Chico Enterprise Record,
Oroville Mercury Register, Paradise Post and Gridley Herald.
ACTION FOR CONSIDERATION:
Staff recommends that the Planning Commission take the following actions:
.I. Review the Initial Study completed in compliance with the California Environmental
Quality Act, find it to be adequate and recommend that the Board of Supervisors
adopt a Negative Declaration.
II. Recommend that the Board of Supervisors approve Zoning Code Amendment 05-02
to amend the provisions for nonconforming parcels in residential zones and subject to
the following findings:
A. The proposed zoning code amendment is consistent with the Butte County
General Plan Goals and Policies*, particularly Land Use Element Policies:
3.2.c. Relate residential densities to intensity and compatibility of adjacent uses.
Allowing a reduction of rear yard setbacks on nonconforming legal parcels will
increase the intensity of use,for eligible single-family residences, but not in such a
way as to be incompatible with acljacent land uses.
4.2.a. Maintain economic use and value of private property.
A reasonable use of rear yard setback.areas on nonconforming legal parcels will
enhance Prgperty use and the value of private property.
*The Planning Commission may choose to add or delete General Plan policies
From this list along with any supplemental.comments pertaining to the
nonconforming lot setback issue.
■ Butte County Department of Development Services ■
®February 10, 2005 0 Agenda Report—Zoning Ordinance Amendment 05-020 Page 3
:A
B. Planning Commission Continents and Recommendations
■ Butte County Department of Development Services ■
oFebruary 10, 2005 o Agenda Report—Zoning Ordinance Amendment 05-020 Page 4
February 1, 2005
BUTTE COUNTY BOARD OF SUPERVISORS NOTICE OF INTENT TO
ADOPT A NEGATIVE DECLARATION
In accordance with the California Environmental Quality Act (CEQA), Butte County has
prepared an Initial Study and is considering the adoption of a Negative Declaration for
the following project:
NEGATIVE DECLARATION/ZONING CODE AMENDMENTS
A. Butte County Department of Development Services, Amendment to Section
24-280 regarding second dwelling units and amending Sections 24-82, 24-95,
24-105, 24-110, 24-115, 24-120, 24-125, 24-130, 24-135, 24-155, 24-160, 24-
165, 24-190, 24-210, 24-225, 24-235.10 & 24-295.10 in Chapter 24, entitled
"Zoning", of the Butte County Code: This ordinance amendment will
incorporate state laws that permit second units without a minor use permit
requirement in zones where residential uses are permitted by right. (YC) (ZCA
05-01)
B. Butte County Department of Development Services, Amendment to the text
of Chapter 24, Section 24-35.40 regarding nonconforming parcels: This
ordinance amendment would allow rear yard setbacks to be reduced by five-foot
increments with a minimum rear yard setback of ten feet and revise the building
envelope to fifty feet in width. (YC) (ZCA 05-02)
I
C. Butte County Department of Development Services, Amendment to the text
of Chapter 24, Sections 24-140, 24-145, 24-150, 24-155, and 24-225 regarding
commercial signage, entitled "Zoning", of the Butte County Code: This
ordinance amendment would amend the commercial zones of the County so that
where commercially-zoned property is adjacent to residentially-zoned property,
the standards for allowable signs would be the sign standards in the N-C
(Neighborhood Commercial) zoning district. (YC) (ZCA 05-04)
Initial Study/ Negative Declaration and reference documents for this project are on file
for public review starting February 4, 2005, through February 28, 2005, at the Butte
County Planning Division, 7 County Center Drive, Oroville, California. All interested
persons are invited to review the documents. Written comments will be accepted by the
Planning Division at the above address. Any written comments on the Initial Study/
Negative Declaration must be received at the above address within the public review
period.
If you challenge the Initial Study/ Negative Declaration in.court, you may be limited to
raising only those issues you or someone else raised in written correspondence delivered
to the Planning Division. The Butte County Planning Commission will hold a public
hearing on the ordinances on February 10, 2005. If the Planning Commission
k
F
recommends that the ordinances be approved at that meeting, the Butte County Board of
Supervisors are expected to hold a public hearing to consider adoption of the Negative
Declaration and the ordinances on March 1, 2005. The confirmed date, time, and location
of the Board of Supervisors hearing will be published in 1/8 page display ads in County
newspapers of general circulation.
YVONNE CHRISTOPHER, DIRECTOR OF DEVELOPMENT SERVICES
To be published in the Chico Enterprise Record and Oroville Mercury on Friday,
February 4, 2005, Paradise Post on Saturday, February 5, 2005, and Gridley Herald on
Friday, February 4, 2005.
fi
January 24, 2005
BUTTE COUNTY PLANNING COMMISSION
NOTICE OF PUBLIC HEARING
AND
NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION
Notice is hereby given by the Butte County Planning Commission that a public hearing will be
held on Thursday, February 10, 2005, in the Butte County Board of Supervisors' Room, County
Administration Center, 25 County Center Drive, Oroville, California, at 9:00 a.m. regarding the
following item:
Butte County Department of Development Services, Amendment to the text of Chapter 24,
Section 24-35.40 regarding nonconforming parcels: This ordinance amendment would allow
rear yard setbacks to be reduced by five-foot increments with a minimum rear yard setback of ten
feet and revise the building envelope to fifty feet in width. (YC) (ZCA 05-02)
In accordance with the California Environmental Quality Act (CEQA), an Initial Study and
Negative Declaration have been prepared, and are being circulated, for the above project. The
Planning Commission will only make recommendations to the Board of Supervisors.
If you challenge either the Negative Declaration or the Zoning Code Amendment in court, you
may be limited to raising only those issues you or someone else raised at the public hearing
described in this notice, or in written correspondence delivered to the Planning Division at, or
prior to, the public hearing.
For further information regarding this project, please contact Yvonne Christopher, project
planner, at the Butte County Planning Division at(530) 538-7601.
BUTTE COUNTY PLANNING DIVISION
YVONNE CHRISTOPHER,DIRECTOR OF DEVELOPMENT SERVICES
To be published in the Chico Enterprise Record on January 27, 2005.
G
AML
BUTTE COUNTY CL X OF THE BOARD USE ONLY
BOARD OF SUPERVISORS MEETING DATE:
AGENDA TRANSMITTAL AGENDA ITEM:
Setback provisions for non-conforming lots
AGENDA TITLE:
Dev. Services DATE: 8/28/04 MEETING DATE 9/14/04
DEPARTMENT: REQUESTED:
Y. PHONE: 538-6821 REGULAR X CONSENT
CONTACT: Christopher
DEPARTMENT SUMMARY AND REQUESTED BOARD ACTION:
See the attached staff report
Action requested:
1) .Direct staff to draft revisions to the Butte County Code to allow for reduced front and rear
yard setbacks on legal non-conforming lots. Staff will return proposed revisions to the
Board for further discussion and possible adoption.
AGENDA ITEM SUBMITTALS REQUIRE THE ORIGINAL (1) AND TWELVE (12) COPIES
ATTACH EXPLANATORY MEMORANDUM AND OTHER BACKGROUND INFORMATION AS NECESSARY
Budgetary Impact: Yes, No X CAO OFFICE USE ONLY
If yes, complete Budgetary Impact Worksheet on back
Budget Transfer Requested: Yes No X Administrative Office Review
If yes, complete Budget Transfer Request Worksheet on
back. Administrative Office Staff Contact
(Deadline is one business day prior to normal agenda
deadline.) 4/5/s Vote Required: Yes: _ No:
Will Proposal Require an Agreement: Yes No X
Auditor-Controller's Number(if Date Received by Clerk of the Board:
required): ,
County Counsel's Approval: Yes X No
Will Proposal Require Additional Personnel: Yes _ No X
Number of Permanent: Temp
Extra Help
Previous Board Action Date: Additional Information Attached: Yes X No
Describe:
Rev. 2003
Butte County Department ofDevelopment Services v T rF
YVONNE CHRISTOPHER,DIRECTOR °° °°
o o
7 County Center Drive o o
Oroville,CA 95965 0 = �no.
`: o
(530)538.7601 Telephone CDUNt�I
(530).538.7785 Facsimile
r
ADMINISTRATION *BUILDING*GIS *PLANNING
MEMORANDUM
TO: Chairman Beeler, members of the Board
FROM: Yvonne Christopher, Director
SUBJECT: Non-Conforming lot setbacks
DATE: Septa 14, 2004
I. Executive Summary
Butte County code section 24-35.40 (non-conforming parcels of record) allows for
reduced setbacks in the side yards of non-conforming lots. Staff believes it is appropriate
to consider the same concept with the possibility of reduced setbacks in front and rear
yards.
II. Background
Throughout the land use history of Butte County, parcels have been rezoned without
respecting the actual existing parcel size. We have a large number of 1-5 acre parcels that
are zoned A-20 or larger. Once a parcel is re-zoned, the minimum requirements, including
dimensional setbacks are applied to the parcel, irrespective of the actual parcel size.
Parcels that are zoned A720 or larger require 25 foot side and rear yard setbacks. These
setbacks are extremely limiting on 1-5 acre parcels.
In comparison, A-5 zones have a 5 foot rear and side yard setback requirement.
The current code (24-35.40) requires the following be met in considering reduced
setbacks:
y a) Meets the other area or dimensional standards and requirements for the proposed
use unless changed by the planning commission with a variance: and
• b) Meets the requirements of the Butte County health division for the provisions of
water and sewage disposal. '
r
Side yard setbacks on non-conforming lots may be reduced by five foot increments until
at least a 75 foot wide building envelope is achieved. No side yard setback requirement
is to be reduced below 10 feet. Such modification of side yard setbacks is to be approved
by the director of development services or deputy after finding that the subject property
is a legally created non-conforming lot.
Staff is requesting the Board entertain discussion of the issue and direct staff to draft
revisions to the Butte County code to allow for reduced front and rear yard setbacks on
legal non-conforming lots.
Staff intends to return to the Board with proposed revisions for discussion and
consideration.
2
1 Proposed Ordinance,
2 Ordinance No.
3 ZONING CODE AMENDMENT 05-02 : ORDINANCE AMENDING SECTION 24-35 .40
4 REGARDING NONCONFORMING PARCELS OF RECORD IN CHAPTER 241, ENTITLED
5 ,ZONING", OF THE BUTTE COUNTY CODE
6 The Board of Supervisors of the County of Butte ordains as follows:
7 Section 1.
Section 24-35.40 of Chapter 24 of the Butte County Code
81 is amended to read as follows:
9
24-35.40 Nonconforming parcels of record.
10 Except as otherwise provided in this chapter or where
specifically merged under the provisions of section 66499 . 11
11 et seq. of the Government Code, any legally established
12 parcel of land of record having less than the minimum width
or frontage required for the zone in which it is located, may
13 be used for a permitted use provided that the parcel:
(a) Meets the other area or dimensional standards and
14 requirements for the proposed use unless changed by
15 the planning commission with a variance; and
(b) . Meets the requirements of the Butte County health
16 division for the provisions of water and sewage
disposal.
17 Side yard setbacks on nonconforming lots may be reduced
by five-foot increments until at least a fifty seventy five-
18 foot wide building envelope is achieved. No side yard setback
19 requirement is to be reduced below ten (10) feet. Rear yard
setbacks on nonconforming lots may be reduced by five-foot
20 increments with a minimum rear yard setback of ten-feet.
Such modifications of side yard and rear yard setbacks are is
21 to be approved in each and every case by the director of
development services or designeedeputy -after finding that the
22 subject property is a legally created nonconforming lot. In
making the setback determinations, the director or designee may
23 use information pertinent to the parcel and surrounding area
with comparable zoning, e.g. 1) the setback requirements of the
24 prior zone, and 2) the average setbacks on nearby parcels of
similar size, shape and within the same zoning district. 1Tj
25 there is--any—t esti-en as te--the—legality—ei�=ele'�a
required
27
1
Section 2 . Adept a-Negative-Dee-laratien with the f_, , =---^�
2
f Rd,
4 A. n initial Study-was eemplete_ in eemplianee with ----
Gal i f ems a-Enairenmental Quality "et. Said study did
5 fret identify any signi€ieant envirenmental e€€eais;-a
6 Negative-Dee-1 arat ie
7 B. The PlaRning Ge eensider-ed the prepesed
8 during the review p roeess.
G. On the b£r9zs ethe=wazvrcA rd-b a re re -the-Beard-e r
10 Supervisers,
ineluding the Initial Sttidy and any
eemments --eerZ -dl there is ne substantial eyidene-e
11 that the—Zening—Arm-inaeee—Amendments—€er Seee a
12 w6uld-have a-s-i-gni ieent of feet en the eavirenmeRt.
13 D. The- pregeseaa—Negative—Beelara-tien r-efleets—the
14 independent judgment andanalysisa€-- t1}e Geuntg-,-
whieh is the Lead Ageneyr
15
E. Adept the Negative Deelaratien regarding
16 enyirenmental iraparpts _
17 Section 2-3. Severability. If any provision of this Ordinance or the
18 application thereof to any person or circumstances is for any reason
i
19 held to be invalid by a court of competent jurisdiction, such
20
provision shall be deemed severable, and the invalidity thereof shall
21
.not affect the remaining provisions or other applications of the
22
Ordinance which can be given effect without the invalid provision or
23
application thereof.
24
Section 34. Effective Date and Publication. This Ordinance shall
25 .
26 take effect thirty (30) days after the date of its passage. The
27 Clerk of the Board of Supervisors is authorized and directed to
publish this ordinance before the expiration of fifteen (15) days
after its passage. This Ordinance shall be published once, with the
I names of the members of the Board of Supervisors voting for and.
2 against it, in the a newspaper of general circulation
3 published in the County of Butte, State of California.
4 PASSED AND ADOPTED by the Board of Supervisors of the County of
5
Butte, State of California, on the day of ,
6
2005, by the following vote:
7
YES:
8
NOES:
9
ABSENT:
10
NOT VOTING:
11
12 iverify spelling/mid. initial
131 KIM [ } YAMAGUCHI, Chair of the
Butte County Board of Supervisors
14 ATTEST:
PAUL McINTOSH, Chief
15 Administrative Officer
and Clerk of the Board
16
17 By
18
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