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HomeMy WebLinkAboutZCA 05-04_PLANNING N � U� NVVNWVAA� �AVNNYflYN - SEPARATOR- SHEET PROJECT NUMBER b PROJECT SUMMARY SHEET FILE NO.: ZCA 05-04 PROJECT TYPE: Zoning Code Amendment APN: County wide APPLICANT: Butte County Department of Development Services ADDRESS: 7 County Center Drive, Oroville, CA 95965 PHONE: (530) 538`7601 OWNER: ADDRESS: REPRESENTATIVE: ADDRESS: PROJECT DESCRIPTION: Sign,ordinance LOCATED: PROPERTY ZONED:. GENERAL PLAN DESIGNATION: Q TOWN/AREA: 1. Application accepted: 12:00:00 AM Amount: $ 0 Receipt#: 2. Assigned To:.Stephen Streeter 3. Comments sent to: 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 Zoning Code Amendment: 21. Assessor's Memo: 22. Copy of Zoning Code Amendment to GIS: 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) Ms. Christopher gave a brief summary of the ordinance. She said the Board asked that a sentence be added to all of the zones that read "(f) (1) In instances in which any commercially zoned property abuts residentially zoned property the standards as it pertains to allowable signs shall be that of the N-C(Neighborhood Commercial)zoning." She suggested they use the height limitation from the N- C zone and the overall signage on buildings 1 square feet of signage based on the length of the square foot of the building. She said these changes were generated by the sign at the Dan Gamel property. She said they need to make it clear that the height and light refers to the sign. Commissioner Nelson asked if they based this on already established sign ordinance for the urban areas. Ms. Christopher said"no." Mr. Streeter said in the C-1 and C-2 zone outdoor advertising is listed as a permitted use. Commissioner Leland said if they bring in the Neighborhood Commercial restrictions it looks like it's allowed as a matter of right. Mr. Wannenmacher said he did not believe Neighborhood Commercial addressed outdoor advertising signs. Ms. Christopher said under #10 it has "signs" and then it states building signs shall not exceed a combined size of one square foot in area for each lineal foot of building frontage. Commissioner Leland said those are the signs that are attached to the building. Mr. Wannenmacher said the language that is proposed is that building signs would have to follow the Neighborhood Commercial rules. Ms. Christopher said the outdoor advertising signs need to be more restrictive than just building signs,that a 40 foot high maximum size should apply if you have residential adjacent to it, and you would still be able to light the sign and the sign would not be limited in the amount of square footage. Mr. Wannenmacher said the issue is that there is no review of a sign going in next to a residential zone that will be impacted by it. He said they should set a threshold on outdoor advertising signs. The Commission might want to add language such as"A Use Permit is required where an outdoor advertising or other non-building sign exceeds 10 feet in height or exceeds 100 square feet in size or .._- ■BUTTE COUNTY PLANNING COMMISSION■MINUTES ■FEBRUARY 10, 2005 ■ PAGE 33 ■ C+ U t will be illuminated." He said that if they set a threshold,below a certain threshold signs do not need a Use Permit and any sign above the threshold would need a Use Permit to determine the impacts. Commissioner Leland said that seems appropriate if you are next to a residential use. Ms.Christopher asked if 1)they were happy with the 40 foot limit,2)how big and what size triggers a Use Permit, and 3) the lighting. She said if a Use Permit is required, the County can put a time limit that the sign can be on. She said the ordinance is not retroactive. Mr. Wannenmacher said it really comes down to what the Commission thinks the threshold should be. He said the Commission might want to say that any sign next to residential requires a Use Permit. Commissioner Leland talked about lighted signs on building faces. Ms. Christopher said building signs are not only found on the front of the building. She suggested that the sign can not be shinning off the premises. Mr. Wannenmacher said setbacks for commercial uses next to residential are only 10 feet. Ms. Christopher said for clarification there are basically three types of signs, i.e., free standing, monument,and building signs. She asked if the Commission wants to control the amount of signs as well. Commissioner Leland said he would like to require a Use Permit for illuminated signs next to a residence. Ms. Christopher said they need to think about the overall size of signs. Commissioner Leland asked if there was a standard size for pole signs. Ms. Christopher said she thought it was related to the location. Mr. Streeter said that one size that is not uncommon is 300 square feet for a pole sign. He said staff included the Community Commercial zone in the ordinance although the same sign standards as in Neighborhood Commercial are already there. Commissioner Nelson said that things need to be looked at when there are conflicts. He said you have two conflicting things, people trying to live in a residential neighborhood and a commercial business trying to advertise next door. Mr.Wannenmacher suggested the need for criteria above which a Use Permit is triggered relating to height, size, and lighting. He said that a business in a C-2 zone which happens to be next to a residential area is limited by the ordinance to the amount of square footage for all of the building signs that corresponds to the building frontage. He felt that the lighted and free standing signs also need to be addressed. ■BUTTE COUNTY PLANNING COMMISSION■MINUTES ■FEBRUARY 10,2005 ■ PAGE 34 ■ There was a brief discussion on the Oamel sign that triggered this ordinance. Commissioner Nelson suggested over 300 square foot and over 40 ft. high to trigger a Use Permit. Commissioner Wilson commented that there are a lot of signs in existence now that are too big and he felt if they are going to have an ordinance, the signs need to come down. Chairman Marin suggested that signs be 50 feet in height, 300 square feet in size, and the lighting should be turned off at midnight when next to a residential neighborhood. Commissioner Wilson said they should make it so once the height is set if the sign goes above that height it would trigger a Use Permit. He felt the height should be set at 20 feet and 300 square feet in size and that anything over that would require.a Use Permit. He said he would add that no lighting shall shine on residential use. Commissioner Leland said he would go along with 40 feet in height, 300 square feet in size, and lighting to be turned off at midnight when next to a residential property. He said that this is the type of ordinance where the Commission would like to hear from the people affected. He said they need to expand the notice for the hearing. He felt they should send notices to commercial properties that are next to residential properties. Mr. Wannenmacher said there are two issues; 1)the building signs and the other signs and 2)other signs are only allowed in certain zones, and H-C already requires a Use Permit,C-1 and C-2 do not require a Use Permit, and S-H has additional restrictions on them. He asked if the Commission was going to put these restrictions in the zones that already allow for outdoor advertising signs and not expand outdoor advertising signs to the commercial zones that do not already allow them. The Commissioners agreed with Mr. Wannenmacher's statement. Commissioner Lambert asked if there is a 100 foot frontage on a building and there are a lot of little businesses with a sign on each one does it cause a problem because of the limitation. Ms. Christopher said that the amounts for the signs were cumulative. Mr.Wannenmacher said the Commission might want to bring up the issue. He said it could be very restrictive if you have a building that had a sign that the owner wanted to put on three or four sides. Ms. Christopher said the County counts frontage for setbacks on both sides for corner lot. She felt the frontage would count for both sides for signs. Commissioner Leland said that the number of square footage is restrictive,but it is commonly found in shopping centers leases. 4 ■BUTTE COUNTY PLANNING COMMISSION■MINUTES ■FEBRUARY 10,2005 ■ PAGE 35 ■ Ms. Christopher asked when the Commission proposed the 300 square foot requirement it was for freestanding and monument signs,leaving the 1 square foot per lineal foot length of the building as it is. Commissioner Leland said he was thinking of freestanding only. He said a monument sign would not be that big. Commissioner Wilson said he was also thinking this applied to pole signs only. Commissioner Lambert said limiting a monument sign to 6-8 feet appealed to her. Commissioner Leland suggested 32 square feet or over 8 feet in height would trigger a Use Permit for monument signs, and would be required to shine only on the property where the sign is. Ms. Christopher listed the changes suggested; 1)freestanding pole signs allow up to 40 feet in height and up to 300 square feet of face, anything higher or larger or lighted would trigger a Use Permit, and write into the code that the lights would have to be turned off at midnight; 2) for monument signs allowable up to 8 feet tall and 32 square feet of face, and lighting ok, anything beyond that would trigger a Use Permit. She said they would default back to the N-C references for the building signage. Commissioner Nelson discussed requiring a distance next to residential property. Brief discussion. It was moved by Commissioner Leland, seconded by Commissioner Lambert, and unanimously carried to recommend the approval of ZCA 05-04 for commercial signage, subject to the findings and with the changes discussed today. 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. 11. Recommend that the Board of Supervisors approve Zoning Code Amendment 05-04 to amend the commercial sign provisions for the C-1 (Light Commercial), C-2 (General Commercial), H-C (Highway Commercial)and S-H(Scenic Highway)zones 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: 4.3.a. Encourage a full range of commercial services at the regional, community and neighborhood levels. Commercial services and signs as an accessory use need to be compatible with neighborhood uses as well as provide a full range of services at neighborhood levels. 4.3.d. Designate retail and service commercial areas in close proximity to residential development. ■BUTTE COUNTY PLANNING COMMISSION■ MINUTES ■FEBRUARY 10, 2005 ■ PAGE 36 ■ Retail and service commercial areas that are close to residential development have the challenge of conducting their business in such a way as not to be overly intrusive to the nearby residences. Tall, freestanding signs would be intrusive to most residential neighborhoods. 4.4.a. Relate the intensity and variety of commercial uses to the market accessibility of each site. The signage appropriate to a commercial site is also affected by the site's visibility and accessibility. Tall, freestanding signs, where appropriate, may warrant a special review process, e.g. a use permit for a multi-tenant sign along a freeway. *The Planning Commission may choose to add or delete General Plan policies from this list along with any supplemental comments pertaining to the commercial sign compatibility issue. J ■BUTTE COUNTY PLANNING COMMISSION■MINUTES ■FEBRUARY 10,2005 ■ PAGE 37 ■ 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: Department of Development Services County-wide ADDRESS: STREET,CITY,STATE,&ZIP CODE FILE NUMBER: (FOR OFFICE USE) 7 County Center Drive, Oroville, CA 95965 ZCA 05-04 E-MAIL: TELEPHONE: NAME OF PROPOSED PROJECT(if any)Zoning Code 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 Butte County Code. LOCATION OF PROJECT(major cross streets and address,if any) County-wide GENERAL INFORMATION REQUIRED OWNER'S NAME: TELEPHONE: N/A ( ) - ADDRESS: CITY,STATE,&ZIP CODE: ZONE GENERAL PLAN EXISTING LAND USE 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 APPLICATION REQUESTED ❑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 of See description above.arcels.) OWNER CERTIFICATION 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 AN LERTIFY THAT ALL gF�7 HE ABOVE INFORMATION IS TRUE AND ACCURATE. (If an agent is to be authorized,execute an affi( vit of'auth rization an ina�ude e affidavit with this application.) DATE: 05 SIGNA K:\FORMS\PLANNING FORMS\APPLICATION FORMS\UNIFORM APPLICATION.countercopy.doc Page I of 2 AW AGENT AUTHORIZATION TO: Butte County, Department of Development Services: Phone Number - 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 I Architect and/or Engineer: Phone Number L_) - 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 flan 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". KAFORMS\PLANNING FORMS\APPLICATION FORMS\UNIFORM APPLICATION.countercopy.doc Page 2 of 2 (',,( QNP,TY OF BUTTE FIELD NUMBER 0ROVILLE, CALIFORNIA PURCHASE ORDER F 05-152 S P P Chico Enterprise Record 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 o 440-001-53 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) i Roni - 538-5260 Butte County Planning 7 County Center Drive Oroville, CA 95965 J k .c ao ©l ,) q10 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 contrFied for and that there is a Budget Appropriation for the same. .. Date: %[10UpaF 05�15� j men e onze epu SUPPLIER NO. DEPT ACCOUNT NO. PROJECT NO. INVOICE NO. INV.DATE JENCUMBRANCE AMOUNT 1 2 3 4 5 6 Submit WHITE,CANARY and PINK to PURCHASING SERVICES with supplier's invoice. Retain GOLDENROD :i (SPACE FOR FILING STAMP ONLY) I ' 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 State of California � OurTF j'�+'� s'-sr.��:°�.�srst�: �•�;E�r��•� �a�:,�`r�`-'"-:-�;�����{�.. ; ss. o BUTTE COUNTY.PLANNING:COMMISSION i County of Butte e o gNOTICEOFuPU6 31C,,HEARING l rn a-s a • � r •yrz i , , The undersigned resident of the coup of x'C�l/N� ANDNOTICEOFINTENT ,TO`; ` e of California says: tY � ��I �•�-���:�-,�..;��,. ,.� W Butte, statADOPT�ANEGATIVE•DE{CL,A�RATarI]ON ' rtj'-r4�•fi. h ;�..F�'ifs"�af,c�i!q"�Tw,�t��.r.Wri�{i,�I' That I am, and at all time herein mentioned n r No}ic�el,.is�hereby�giv a K by the Butte "County ;Planning was a citizen of the United States and not a party ; 3Commission th;atTa publichearirig.will tie,iheldoneThursday, � f..'7'st�.en.ay...._ '•s! ' r} - fi .. ill s--n. urs to nor interested iri the above entitled matter; ,e{�'Februaryt10�20o5�in the Butte County,Boaiid of•Supervisors"t: f rrt%6 .r� tir,+.Y that I am the principal clerk of the printer andCounty�Ad~mmistraton�Center?25yCountytCehier§Dive;y" publisher of Ofoville,CalifoLrNrnla;at 9 00 ay m.�egardmg tie rfollowing item 1�. `N]�`1'4}CY�"i . �f71' �7'"ctaLTi *.:"si Q' w+ ijE Butte County Department of,rDevelopmentt•,Servicgsi, The Chico Enterprise-Record �,K,!Amendmenttto,the•text�f Chapter 24,-,Sections 24.140, The Oroville Mercury-Register 24`145, 4150,124 t55an�dl24 225 regarding�eommercialrj �.r '; . 4y signage,entitled zomrig of,the Butte County Code-This •.vrrsw— a, re+� �'�s .� - elf, That said newspaper is one of general circle- ��ordinance amendment would amend 66''commercial zones of g ( i e .n ;> :.schra.s awrr�r -.,H•t++ : t i} tion as defined by Section 6000 Government i t the county sso ftiew ere commercially zon id,propertty1isiadla Code of the State of California,Case No. 26796 cent-to' residentially z�one�d property,the standards for allowable;�'4 f signs would be ttie ignstandar'ds in the�N-C (Neighborhood.as by the Superior Court of the State of California, Commercial)zoning distric't (YC)(ZCA in and for the County of Butte;that said newspa- per at all times herein mentioned was printed In accordance with;the�California,Environmental QualityiAct;t:' and published daily in the City of Chico and 4'(CEQA), an;Initial Study and Negative Dec larationihaye,been ,,-p Count of Butte that the notice of which the , zl preparedrfor,the'ab`6 . p"j t�Th6 Planning Commission will .� Y only make recommendations to the,Boarrd of.Supervisors annexed is a true printed copy,was published in x '� �,s z y� ' If.you challenge either a NegatwetDeclarationhor the Zoning t said newspaper on the following days: =,Code,Amendrn96n court, you;inaY be limited raising,only}i r those,issuesayouiorlsomeone else ZX raised at the public hearing;` Jan. 2$ Q5. 'S described in this notice,"or intten wricorrespondence delivered N to the Planning Division at.or prior,to,the public hearing 'For furt6r information regarding this project,'please icontact� "Y4vonne Christophe,' Project Planner,•at,the,Butte County.�,,q Planning Division at(530)538 � -7601 " 4t '4, Dated July 29,2005. ~ t ` , vp{ at Chico,California. �' '?,;.awr. fy �^ �Y. i j-•!.'. x ».t t OQ (Signa re) CHICO EIiTTE"RISE-RECORD �"°'PRbI she berg July 29, 2005 Ms. Diane Lewellen Senior Account Clerk Butte County Planning Department 7 County Center Drive Oroville, CA 95965 Re: Account#: 016410 BUTTE COUNTY Balance Due: $ 940.32 FPO#: F-05-152#143 AUG 0 1 2005 DEVELOPMEN"i 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 Lni u u�uwu ENTERPRISE-RECORD Mercury-Register j P.O. BOX 9 • CHICO,CA 95927-0009 x, (530) 891-1234 TERMS OF PAYMENT PAGE NET 1 r-,T`r1 O MONTH BILL DATE BILL FROM BILL TO SALES REPRESENTATIVE BIELEU d&OUNT NUMBER i j 91UTTE: C0 F+t.ANP41NC DEPAIRT111ENT . Cr, LINTY CENTER DRIVE: : 1 .54' 0 OR01,E]:L.i_E CA 95965 AMOUNT DUE AMOUNT PAID DETACH AND REMIT TOP PORTION WITH YOUR PAYMENT. DATE DESCRIPTION TIMES UNITS RATE • 1 /05 1'1 0R'51 0801 . 1`05-146 S . 9S 1 0.T . A0 1 . OX 12 . 001,0'! 121/[t5 17=' . 01ra 01 /21/05, T308510,80 1 FOS•-146 0 . $0 . 41 12 . 0J.)"01 /21 /0S 12 . 01N 01aw-'w/05 T10 X514966 Fri 5.-1X 9 8 . 95 $ 3 . 70 1 . 0X, 6 . 00"0i .Jr5l,OIS, 6 . 01N 01 /2-0/05 T-:50451 4966 F05-1 49 � J . af,67 $0 . 40 1 . OX 6 . 00"01/25/as 6 0 1 N ` Al /27/05. i 1 04514992 FeS-1130 C . 9S0c^^. $91 . 7 V 1 . OX . .1 0-.2rr: 1 /27 OF, 10 .3IN" a°27r'05: "I 10 45 14993 F05715 1, • . 3 . 9507 $67 ' 1 3 1 . t}Y.:: `7,. 50;".:01 /27/05 7 .5I,19.`* 171 /27rP5; '1.304514992 F"05-150.:" 0 . 0390 1 . ex: 10 :2ra�01 /27/05 10 . 3IN.`- 01 /27/t}5,:.`" 1•�'V�t'�� �f J Ja - OS-.!15l.�i:''..L 0 0J3.7: �� � V 1 . OX: -7 . 5 0'.•'..01 127.Y 7,1 s e w 1 N , 3139+J5701 F-0 :,t5?. ;#�1"; ::; G . 'tG 4>31 :: . i�} 12. 001N 01 /20105' 3090550'i r=-0:�=1E a ..112. P_5 . 12 X7:31 3 .44 ca. . OX rs .4�, - 1 Z.'. 00IN Ot / cy/0a` 3G9;�_901 f-'--0`�s-152 : ?; :. 2-�. ? r3f :i . �,=t i .. 1:HEF EBY CERTIFY THAT* 1.;,7 a original invoice is either not available T. E `.?'55972 or has been lost or misplaced. 2-. T e merchandise or service has been re- c ived and is due and paXXable. 3. T e merchandise or s`��11cte11`t VzgJNEX PA b n viously pai Mtc�`• '{ Signe . OVER 30 DW43rtrn ent 10VEW60 bAYS OVER 90 DAYS CURRENT AMOUNT • K. -. ..,- r t �a5 i�•ruC�; ra, r :�'c_'y.A '-I'G:.'+':� . 2 5 `".n•C. .r . 1 t� ., 5k.?:: '.`�4} 13:E1; •s < . 3'� .,r>:..r ..t. `.a . 7 i' TOTAL BALANCE DUE WITHIN 15 DAYS BILLED ACCOUNT NO. BILLED ACCOUNT NAME .f1 u'1Z10 BUTTE CO F=1...AICNING Ls'.;'`?,F:'T'"si-r•.I , ENTERPRISE-RECORD BILL DATE Mercury-Register 01 /3 I 0`' P.O. BOX 9•CHICO,CA 95927-0009 (530)891-1234 T NOTICE OF DETERMINATION TO: ® Butte County Clerk H MR ❑ Office of Planning and Research ' 1400 Tenth Street P.O. Box 3044 Car(1 �_ � b(1', Sacramento,CA 95812-3044 FILING NO. 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 05-04, Zoning Code Amendment Applicant: Butte County Department of Development Services, 7 County Center Drive,Oroville, CA 95965 Contact Person: Stephen Streeter Telephone Number: 538-7601 Project Description: Sign ordinance 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,X will 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 vi A 5965 �6��%SiG� Yvonne Christopher Director-Development Services A DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) Name and address of applicant: Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965 Project Title/File Number: Zoning Code Amendment, ZCA 05-04 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 initiated 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. 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 05-04, Project Description: Sign ordinance 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. I 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. BQ- Yvonne Christopher Director-Development Services Lead Agency: County of Butte Date: March 25, 2005 } Y !C NOTICE OF DETERMINATION TO: ® Butte County Clerk ❑ Office of Planning and Research MAR 2 1 1400 Tenth Street P.O. Box 3044 CA!PACP r, URF` g `T(E CO CLERK( Sacramento, CA 95812-3044 FELING NO. _4PUTY k 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 05-04, Zoning Code Amendment Applicant: Butte County Department of Development Services,7 County Center Drive,Oroville, CA 95965 Contact Person: Stephen Streeter Telephone Number: 538-7601 Project Description: Sign ordinance 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,X will 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. i 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 v' A 5965 Q�1�l3jON/ Yvonne Christopher Director-Development Services DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) Name and address of applicant: Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965 Project Title/File Number: Zoning Code Amendment, ZCA 05-04 APN: C6unty-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 initiated 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. f1 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 05-04, Project Description: Sign ordinance 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 Q Yvonne Christopher Director -Development Services Lead Agency: County of Butte Date: March 25, 2005 ' PROOF OF ' PUBLICATION No. / In The Matter of , (2-a AO5 o ff —� — t BUTTE COUNTY BOARD OF SUPERVISORS NOTICE OF INTENT OF ADOPT ANEGATIVE DECLARATION . �1t; ,°;.f!:�r I�jr�'t3 d ••. - � i (State of California) In accordance with the.Califomia Environmental Quality,Act (CEQA), Butte -(County of Butte) as County'has'prepared an'initial Study and is considering the adoption of a Ad, Declaration for the•following project.-;.?J NEGATIVE DECLARATION/ZONING CODE•AMENDMENTS , r The undersigned resident of the County of Butte, "A. Butte County'Departrr►ent'of Development Services, Amendment to Section 24-280 regarding second dwellinglunits`and amending Sections 24- State of California,Says: 82,24-95,24-105,24-110,24-115,24-120,24-125,24-130,24.135,24155,24-160, 24-165, 24--1900124-210,-24-225,24-235.10.& 24-295.10,ln',Chapter;24; entitled That I am and at all time herein mentioned "Zoning,"of the Butte Counttyy Code:This ordinance amendment will incorporate + state•laws that permit,second.,units,without'a minor.use,ppermitfrequirement in was a citizen of the United States and not a party to zones where residential uses are permitted�byright. (YC)(ZCA OS-01)•; i B.'.Butte'County Department'of'Development' eri apps;_Amendment to the nor interested in the above entitled matter; that I I text of,Chapter.124;iSection 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 Department,of Development Services, Amendment to the text of Chapter 24;+Sections N-140;1'24-145;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 circulation as defined by Section 6000 Governmentthat where commercially-zoned property"is adjacent•to'.residential ly-zoned , property,the standards for allowable signs would be the sign standards in the N-C Code of the State of California,Case No.�, 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 1� 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 tinted 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.'.7;r•.-•%-9.F + y 4 :=-i City of Gridley and County of Butte;that the notice If you ge challenthe 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 xT 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 certiSy(or declare ,under penalty of perjury,that hearing will be published in,1/8 page display ads in County newspapers of general the foregoing is true and correct,at Gridley, YVONNE CHRISTOPHER,DIRECTOR OF DEVELOPMENT SERVICES California, Publish:February 4,2005 a Gridley Herald Date at Gridley ' omi (Sig ure) EE 0 _. .4 RVICES ,. v m 0 - 5 N w � v p r- m v m - 3 -{g z s. � - o- a J 0 0 tp Q m x o o. 1" a > > Q w m ° n �° n °' m ms, n p ?; -/' n N n m n N N ii n N N y y N C 9, d N N N N m mNN O ofi? rn oOm nZ o om OO mo n i•�� CL W CU F UNTY PLANNING COMMISSION BUTTE COUNTY PLANNING COMMISSION BUTTE COUNTY PLANNING COMMISSION!ICE'OF'PUBLIC HEARING NOTICE OF PUBLIC HEARING ''NOTICE OF PUBLIC HEARING. AND AND- wANDE OF INTENT TO'ADOPTA. , ;NOTICE OF INTENT TO ADOPT A. -NOTICE OF•INTENT TO ADOPT,A'GATIVE DECLARATION NEGATIVE DECLARATION T NEGATIVE DECLARATION'.,;'.� Notice- is hereby given-by the. Butte ,County Planning Notice is.hereby given by the Butte County Planning Notice is hereby 'given by the Butte County Planning . Commission that a public hearing will be held ontThursday,re ' Commission that a public hearing will be held on Thursday, Commission that•a public hearing willsbe held•onJitursday,Q February-10;.2005;in the"Butte,CountyjBoard of Supervisors'([' t February)10,2005,in'the'Butte County Board of,Supervisors' February':10,'2005in;theButte County Bdard'of.Supervisois' ; Room,Cotinty,Adniinistration Center,25 County Center,Dri;e„� ,. Room,1County"Administration Centel;25 County,Center.Drive; Room,County'Administration,Center,„25 County,Cente�,Drive, Oro3ille;Califomia,at 9:00 a.m.regarding tY following iiem:, Oroville;California,at 9:00 a.m.regarding the following'item:, Oroville,Califomia,at 9:00 a.m,regarding the following item: Butte County Department of Development Services, lButte,.County ;Department of 'Development Services,., Butte County,,,Department ..yof,*DevelopmentAvServices;� AmeridmenOto',Section 24-280,i•egarding;second dweiliiig�' Amendment to"the text,of'Chapter,24;'Secdon 24-35,40 Amendment to thetext of”Chapter 24i Sectio'ns`24-1404 units and amending Sections 24-82;24-95;24=105;24-110;24-, 'i'egardhig nonconforming parcels:,l This ordinance amend-, 145„24-150,24.155,j'ii d',24-225 regar-ding`commei�ialesig 115,U-120;247125;24-1301 24-135,'24-155,24-160,24-165,l ment would allow rear.yard setbacks to be reduced by,five-foot] nage,entitiled "Zoning',',,of the BdIte:,County CodeMThis 24-190,24-210,24-225,24-235.10&24-295.10'in Chapter 24;,r increments with,a minimum rear yard setback of ten feet and ordinance amendment would amend the:commercial zones of the- . entitled"Zoning",of the Butte County Code:iThis ordinance i .,revise the building envelope to fifty feet in w_idth..(YC)(ZCA, County so that where commercially°oned;p operty is adjacent to 1" antendnient will inco orate state laws that.permit second.units 05 02 !' ' residentially-zoned property, the,standards,for,allowable signs without a minor use permit requirement in Tones where'residen=< i '''-� ”'' ” g 'iN-C (Neighborhood would be the sin standards;in the; tial uses are erniitted b•ri ht. (YG (ZCA OS-01 In accordance with the Califomia Environmental Qisality,Act 1 P Y g ) ) .r' tf�r, Commercial)zoning district.,(YC)(ZCA'05=04) `$; „ ! •(CEQA),'•an Initial'Study and"Negative,Declaration have been •- �.,,�� ,.- .��,1 In,accordance;with the California'Environrtiental Quality'Act' prepared;•and a�eibeing circulated,for"th8•above project. The In accotdance with the Cal"ifornia n�"itmentalrQuality Act,y (CEQA),an�lnitial Study°and Negative Declaration have been'; Planning Commission will only make recohimendations to the (CEQA),an•`Initial Study-'and'Negativesba aration.have,,beenis prepared for the above project. The Planning Commission gill Board of Supervsso�s.' �'''�'• " rrti, prepared for the above project."The Pla'nn'ing Commission will_ only make recommendations to the Board of Supervisors: ti. f`` ;' '`4 ''N V t''' only make recommendations to the Board of supervisors. ti,, _ v .if r<-» , If you challenge either the Negative Declaration or the Zonings t_ i . If you challenge,eitlier.the Negative Declaration or the Zoning'' Code Amendment in court,you may,he limited to raising only,,, If you challenge either,the Negative Declaration or the Zoning Code Amendment in couit,you may be limited to,raising only,, -:'those issues you,or someone else raised,arthe,public hearing,, Code Amendment in court,you'may be limited to raising only .those'issues you or someone,else raised at,the public hearings deicrilied in this notice,or in'written,correspondence delivered. those issues•you or someone•else raised-at the public hearing "described iii this iiolice,or iii written correspondence delivered to to the Planning Division at;or-prior to,the public hearing.r.• ?of described in this notice,or in written correspondence delivered to the Planning Division atror prior to,the public hearing.,,, For further inforinafion're ardin this ro'ect, lease contact the Planning Division.at,or prior,to,the public hearings e, tImAiw: g S P J p T__,. rt. For further information'regarding thWproject;please'contact- ',Yvonne'Christophei,*project planrier;-at the Butte•County, For.further information regarding this project, please•contactr' Yvonne Christopher, project, planner, at•the Butie'County 'Planning Di 7' ion'at(530)538-7601.'"'' Yvonne Christopher;•project planner,''at the"Butte l County Planning Division at(530)-538-7601. '� rr• 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 CHRISTOPHER,YVON ' DIRECTOR OF DEVELOPMENT SERVICES DIRECTOR OF DEVELOPMENT SERVICES' t' :,. ' .#051-05'. January 27,2005 • (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. ;.pUTTE:000N :. BOARDOF.., SUPERVISOi'iS.NOTICE'OF•INTENT TO ADOPT.. A NEGATIVE DECLARATION AFFIDAVIT OF PUBLICATION In accord andifh the California Environmental, Q. aln Act,(CEQA),'Bufte-t6uhty has prepared an; hi Iriitial:Studyanchis considering the adoption of a: State Of California Negative:Decl$rationfor.tlie:folloWing project: NEGATIVEDECLARATIONRONING .CODE• A Butte County SS. Department ofDevelopment County of Butte + Services; 'Amendment to•Section 24-280 Pegardin,g:�second ;;dwelling units•;.:and f emending-zsectibns 24-92,24=95,24,105;24= The undersigned resident of the county of 2as5 2aso2a iss•;24 19024-210,1.24-' Butte, State of California, says: 225;•:24-235fi0�&�24-295:.10 In.Chapter.24,, 0 entitkW'.26ning",.of the Butte County Coder That I am, and at all time herein mentioned n i' This ordmahat-�6mendmeni:will incorporate. state laws that permitaecond."units vuit out a was a citizen of the United States and not a party minor,Gse'pe°rmit:requlrementin zones wfiete residentiaf:wses":are.•peimitted by right. (YC)' to nor interested in the above entitled matter; :(zcA o5-0i-j �' ' that I am the principal clerk of the printer and I3.s`eutie'Counry department•of'Development Services;Amendment.to the text of Chapter publisher of •24 Sect19'. 24=35.40 regarding nonconform- ing paicelg:T- :;-rdinance amendment would allow rear yard`set'ricks,to be reduced by five The Chico Enterprise-Record `.'.'fob.tinoremenfs with a minimum rear yard set- The Oroville Mercu -Re inter `-tiack:`often feef,and.revise the building enve t Y g .-;tope tofiity?feetinwidth:'(YC)(ZCA 05 02) C Bfitte County Department of Development That said newspaper is one of general circula- tion Services;Amendment to the.text of;Chapier. g k `•24;Sect�o'ns 24140;24-145,24-150;24-155; tion as defined by Section 6000 Government and.24=225'regarding,.commercial.signage, isentitled."Zoning' of the'Butte County.Code: Code of the State of California, Case No. 26796 `This'drdinance.amendment would amend.the b the Superior Court of the State of California, °.,commeicial zones.of the.,rty is jacent where y p •:commercially=zoretl:property is adjacent tb res- in and for the County of Butte;that said newspa- identialty.zoned property, the:standards.for allowable signs Would 66 the.sign standards in per at all times herein mentioned was printed the N=.o;,(Neighborhood.,Commercial) inning and published daily in the City of Chico and � -fdistrict:-YC)=(ZOA05.04) Initiai Study/.Negatfve'Declaration and reference County of Butte;that the notice of which the documents°for this Project are on file for"public reviewstarting;FebruaRy;4,�2005;through February annexed is a true printed copy, was published in 2s;zoo5;aYtheButte;County:Planning.Divisionj said newspaper on the following days: County.Cent'e�p�ive,Oroville,-Califorrna.All'inte�- esfed: @rsoris`aretin"vited to, the documents. Written comments will;be accepted by the Planning Feb. 5, 05. Division'at'$ie-aboVe=:address.Any written com- menis.'on:•the,f hiitial'Study/iJegative Declaration mutt:b-e:received aftfi'e above address.within the ppublic`revievu P`rind; If,you challenge'( it.'I Study/Negative Declara tion'in cout;`;'you.;may beaimited to raising only those iss664'0.u or.someone else raised in Vuntten Dated February 11,2005. correspondence deliyered_to the Planning Division. The Butte'�Cbunty Flarinmg Commission will hold a at Chico, C7liformria. public,he2(iitg.,op.t" `*"'mances on February 10, 2005::If,,the.;Plarimng.:Commission recommends fha4'the;:o?dinigces�,be;approyed at;that.meet0g, J the..Butte'dQ'1' .Bpa..o ..up,ervisofs.,are;expect- M`1- UAed fo''tiol'd"a`publjc hearing io.consider;adoptiop,9. (Si ature) the.Negative..Declarotion and>the ordinances`a- \\ March:li 2005:1he:Confirmed,date,time,and Inca v fion of the Board of:Supervisors hearing wil'be published in-1/8,0age displaydads in County news- pa pers:of;general;circulaiioh .` ;..,�, •:,;,yVONNE,CHRISTOPHER, R O DIRECTOE_DEVEL0P..MENT SERVICES :,=�:; : ���; �,:;,�F05-1.59:"� • Publish:Febluarys5;200,5 Paradise Post Declaration of Publication _ BUTTE COUNTY BOARD OF SUPERVISORS NOTICE OF I TO NTENT i . State Of California ;,,� i, ADOPT kNEGATIVE DECLARATION County of Butte In accordance with the California Environmental Quality Act(CEQA), Butte County-hi .,,prepared an'.Initial Study and'is considering the .adoption of:a`Negative,Deolaration for the following project:. Declarant Says: t:�." „1: I That at all times herein mentioned Declarant is and was a NEGATIve DECLARATION/ZONING CODE AMENDMENTS• resident of said county of Butte over the age of twenty-one A.'Butte County .Departmerit of '•Development :.Services, years; not a part to nor interested in the within matter; that Amendment to Section 24-280 regarding second dwelling.'units I amending,Sections 24-62,24-95;'24-105,'24110, 24-115, 24. Declarant is now and was at all times herein mentioned the 120, 24-125,'24=1 30,;24-135,'•24-155, 24-160, 24-165"724-190,-24. Legal Clerk of the Paradise Post, a tri-weekly newspaper, 210,'-24-225, 24=235.1161; & 24-295 10 in.Chapter,`:24, entitled Zoning''; of the Butte-County Code-,This oFdinance`amendment which said newspaper was adjudged a newspaper of general ty will incorporate state laws that'-permit second Units without a minor use circulation on November 12, 1946, by Superior Court Order per it YCuIZCA6t5-01)ones where•residential uses are permitted by No.22262 as entered in Book 30 Page 223 of said Court; and g (. ( ; . tt,.., that said newspaper is printed and published every Tuesday, B. Butte County',Department , of.Development 'Services, Thursday and Saturday in Paradise in said County of Butte; and Amendment to the teirt of Chapter.24;' 24-35.40 regarding nonconforming parcels:' This'ordinance amendmenf,would allow that the rear yakd setbacks to be reduced by five-foot increments with a mini- Public Notice mum rear yard setback of ten feet and revise the building envelope to fifty feet'in.widtK`(YC)(ZCAd §02) Notice of Public Hearing i 1 ; Butte County Planning C Butte"County••D epartment.,•of-'Development, Services, NEGATIVE DECLARATION/ZONING CODE AMENDMENTS :Amendment 1646e tett of Chapter 24;Sections 24-140,24-145,24- Le al #069-05 '150, n4-155,'"arid 24-225;regarding commercial signage, entitled 9 g"; of the.Butte County Code: This ordinance'amendment would amend the commercial zones of the County so that where com- mercially-zoned property is adjacent to residentially-zoned.property, C thestandards for allowable signs would be the sign standards in the Of which the copy annexed on the margin hereof is a true (Neighborhood Commercial).zoning district. (YC)(ZCA 05-04) printed copy, was published in said newspaper in the issues of. Initial`Study/Negative beclaration and reference documents for.this project are on.file,for public review starting February 4,2005,through February 5, 2005 February• 28, 2005,•at the Butte County Planning Division,.7 County and that such ubliCationS was made in the regular issues of Center Drive;Oro0le,California.'All interested persons are invited to p g Plan revietithe documents:. Written comments will be accepted by,the said paper (and not in any supplemental edition or extra g Division at the above address. Any written comments on the 'Initial Study/:Negative Declaration must.be received at the above thereof)... address within the public;review period., I declare under penalty of perjury that the foregoing is true and If.You challenge the-Initial Study/Negative Declaration in court, you may be limited to raising only those issues you or someone else raised correct. in[Butte writteorrespondence delivered to the Planning Division: The Executed on February 5, 2005 ordinances County Plannih Commission will hold a public hearing on the Para ise, California. _ry.10,x2005: If the'Planning.commipsion rec- Co my Boaiat the ordinances•be.approved at tha-t'meeting,fHe'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. Declarant VICES YVONNE CHRISTOPHER, DIRECTOR OF DEVELOPMENT SER- E , i Feb.5,2005 069-05 r NOTICE OF DETERMINATION TO: ® Butte County Clerk kI ❑ Office of Planning and Research ; 1400 Tenth Street MAR 2 5 2, P.O. Box 3044 Sacramento CA 95812-3044 FILING NO. caro"E e' 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 05-04, Zoning Code Amendment Applicant: Butte County Department of Development Services,7 County Center Drive,Oroville, CA 95965 Contact Person: Stephen Streeter Telephone Number: 538-7601 Project Description: Sign ordinance 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,X will 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 ETR, 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 vi A 5965// /�`1iaJ;� iGr�/ Yvonne Christopher Director-Development Services DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) Name and address of applicant: Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965 Project Title/File Number: Zoning Code Amendment, ZCA 05-04 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 initiated 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. ti 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. 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 05-04, Project Description: Sign ordinance 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. 12,14 By: r� Yvonne Christopher Director-Development Services Lead Agency: County of Butte Date: March 25, 2005 Ah 'qv BUTTE COUNTY CMRK OF THE BOARD USE ONLY BOARD OF SUPERVISORS MEETING DATE: AGENDA TRANSMITTAL AGENDA ITEM: AGENDA TITLE: Zoning Code Amendment for Signs DDS, DATE: 3/9/2005 MEETING DATE 3/22/05 DEPARTMENT: Planning REQUESTED: Yvonne PHONE: REGULAR X CONSENT CONTACT: Christopher 538- 6821 DEPARTMENT SUMMARY AND REQUESTED BOARD ACTION: Zoning Code Amendment for Signs — This ordinance .amendment would amend the sign provisions of the C-1 (Light Commercial), C-2 (General Commercial), H-C (Highway Commercial) and S-H (Scenic Highway) zones of the County. When properties with any of these commercial zones are adjacent to residentially-zoned property, the sign standards in the N-C (Neighborhood Commercial) zoning district would apply. (ZCA 05-04) County-wide ACTION REQUESTED: See attached pages 3-5 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 t 0 • BUTTE COUNTY BOARD OF SUPERVISORS AGENDA REPORT—MARCH 22, 2005 Applicant: County of Butte Location: Countywide File#: ZCA 05-04 Parcel Size: N/A Request: Zoning Code Amendment Supervisor 1-5 for Signs in Commercial Districts: Zones near Residential Zones G.P.: Commercial Planner: Stephen Streeter, Contract Planner Zoning: C-1, C-2, H-C, Attachments: S-H. A: Draft Ordinance 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 amend four commercial zones of the County so that where commercially-zoned property is adjacent to residentially-zoned property, the standards for allowable building signs would be the sign standards in the N-C (Neighborhood Commercial) zoning district. The Planning Commission was concerned that those amendments would not be sufficient to accomplish the Board's objectives and suggested additional amendments related to freestanding sign height, monument sign height, sign size, and sign lighting as adapted from the Neighborhood Commercial zone. The proposed zoning code amendment would result in the six commercial zones being consistent in their sign provisions for signage adjacent to residential properties and with the Butte County General Plan Commercial land use designation. The Planning Commission recommends that the Board of Supervisors approve Zoning Code Amendment 05-04 Commercial Signs per the draft . ordinance (Attachment A)with additional amendments as follows: 1) freestanding_pole signs: allow up to 40 feet in height and up to 300 square feet of sign face, anything higher or larger or lighted would trigger a Use Permit, and write into the code that the lights would have to be turned off at midnight; 2) monument signs: allowable up to 8 feet tall and ■ Butte County Department of Development Services ■ ■March 22, 2005 0 Agenda Report—Zoning Ordinance Amendment 05-040 Page 1 ■ 32 square feet of sign face, and lighting acceptable, anything beyond that would trigger a Use Permit. PROJECT DESCRIPTION: The amendment would add language to the C-1 (Light Commercial), C-2 (General Commercial), H-C (Highway Commercial) and S-H (Scenic Highway) zones as follows: "In instances in which any commercially zoned property abuts residentially zoned property the standards as it pertains to allowable signs shall be that of the N- C (Neighborhood Commercial) zoning district". The Community Commercial zone already has the same sign provisions as the N-C zone. 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. Subsequent amendments were made to the commercial zones in 1997, 1999 and 2000. ANALYSIS: • The Board of Supervisors initiated this zoning code amendment in response to a land use conflict in the Chico area where a business owner installed a sign of eighty (80) feet in height on a commercial zoned property near Highway 99 and adjacent to a single-family residential zone. The sign that was allowed within the C-2 (General Commercial) zone created a conflict with the residential neighborhood due to its size and lighting. • The sign standards for the N-C zone (also for the C-C zone) read: "Signs: Building signs shall not exceed a combined size of one (1) square foot in area for each lineal foot of building frontage". As an example, a commercial site with 100 lineal feet of frontage on a street would be entitled to 100 square feet of"combined" signage for the business that could be devoted to multiple wall signs. • Two other provisions of the N-C site development standards that would affect signs installed in other commercial zones per the N-C sign standards are: 1) Maximum structural height: Forty (40) feet; and 2) Outdoor lighting required: All lighting, exterior and interior, shall be designed and located so as to confine direct lighting to the premises. A light source shall not shine upon or illuminate directly on any surface other than the area required to be lighted. No lighting shall be of the type or in a location such that it constitutes a hazard to vehicular traffic, either on private property or on abutting streets. PLANNING COMMISSION COMMENTS AND RECOMMENDATIONS Attachment B includes the minutes of the February 10, 2005 Planning Commission meeting pertaining to the sign ordinance and contains the entire record of the proceedings. A summary of the Planning Commission comments and recommendations follows: �I . • Agreed that stricter sign regulations are needed for commercial signs adjacent to residential property with standards for size, placement, height and lighting. ■ Butte County Department of Development Services ■ ■March 22, 2005 0 Agenda Report—Zoning Code Amendment 05-04 0 Page 2 ■ • Discussed thresholds for height and size that would be acceptable and beyond which limits a use permit would be required. • The N-C building sign standards were reasonable for wall signs. • Drawing from the height limitations, lighting and sign sizes from the N-C zone and from other commercial zones, the Commission recommended these amendments to the sign ordinance: i 1) freestanding pole signs: allow up to 40 feet in height and up to 300 square feet of sign face, anything higher or larger or lighted would trigger a Use Permit, and write into the code that the lights would have to be turned off at midnight; 2) monument signs: allowable up to 8 feet tall and 32 square feet of sign face, and lighting acceptable, anything beyond that would trigger a Use Permit. CEQA ISSUES: The initial study prepared for this project determined there would be no significant environmental impacts for the zoning code ordinance amendment pertaining to signs. Subsequent applications for approval of a sign in a commercial zone near a residential zone would undergo administrative review except for Planning Commission action on a variance application. Environmental review would not be required for sign permits as ministerial actions, e.g. building permit issuance of a commercial sign with internal illumination meeting the zoning ordinance. 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 ordinance amendment for signs in commercial zones adjacent to residential zones: I. The Sign Ordinance for commercial zones has been the subject of staff study and public comment, and has been prepared for the purpose of regulating signs in the C-1 (Light Commercial), C-2 (General Commercial), H-C (Highway Commercial) and S-H (Scenic Highway) zones that are adjacent to residentially-zoned property. In such instances, the ■ Butte County Department of Development Services ■ ■March 22, 2005 0 Agenda Report—Zoning Code Amendment 05-04 0 Page 3 ■ required sign standards are to be those of the N-C (Neighborhood Commercial) zoning district. 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. 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 commercial signs will have a 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 Sections 24-140, 24-145, 24-155 and 24-225 to Chapter 24 of the Butte County Code, the commercial sign provisions for the C-1 (Light Commercial), C-2 (General Commercial), H-C (Highway Commercial) and S-H (Scenic Highway) zones 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: 4.3.a. Encourage a full range of commercial services at the regional, community and neighborhood levels. Commercial services and signs as an accessory use need to be compatible with neighborhood uses as well as provide a full range of services at neighborhood levels. 4.3.d. Designate retail and service commercial areas in close proximity to residential development. Retail and service commercial areas that are close to residential development have the challenge of conducting their business in such a way as not to be overly ■ Butte County Department of Development Services ■ ■March 22, 2005 ■ Agenda Report—Zoning Code Amendment 05-04 ■ Page 4 ■ intrusive to the nearby residences. Tall,freestanding signs would be intrusive to most residential neighborhoods. 4.4.a. Relate the intensity and variety of commercial uses to the market accessibility of each site. The signage appropriate to a commercial site is also affected by the site's visibility and accessibility. Tall, freestanding signs, where appropriate, may warrant a special review process, e.g. a use permit for a multi-tenant sign along a freeway. *The Board of Supervisors may choose to add or delete General Plan policies from this list along with any supplemental comments pertaining to the commercial sign compatibility issue. i ■ Butte County Department of Development Services ■ ■March 22, 2005 ■ Agenda Report—Zoning Code Amendment 05-04 0 Page 5 ■ I Proposed Ordinance, 2 Ordinance No. 3 ZONING CODE AMENDMENT 05-04 : ORDINANCE AMENDING SECTIONS 24-140, 24- 4 145, 24-150, 24-155, and 24-225 REGARDING COMMERCIAL SIGNAGE IN 5 CHAPTER 24, ENTITLED "ZONING", OF THE BUTTE COUNTY CODE PERTAINING TO 6 SIGNS 7 The Board of Supervisors of the County of Butte ordains as follows: 8 Section 1. Sections 24-140, 24-145, 24-155 and 24-225 of Chapter 24 9 of the Butte County Code are amended to read as follows: 10 11 24-140 C-1 (Light Commercial) Zone. (a) Uses permitted: 12 (1) Hotels. and motels, clubs, lodge halls, bed and breakfast inns, churches, immediate care medical 13 clinics. 14 (2) Retail stores and shops of light commercial character and conducted within a building, including, 15 but not limited to, appliance stores, banks, barbershops, beauty parlors, bookstores, cleaner or 16- laundry agents and launderettes, clothing stores, 17 convenience stores, departments stores, day care facilities; dress shops, drugstores, food stores; 18 furniture stores, health clubs, mini storage, professional and business offices, restaurants with no 19 drive thru service, shoe shops, studios and tailor shops, public utility commercial offices, video rental 20 stores. 21 (3) Outdoor advertising signs, new automobile sales, amphitheaters and theaters. 22 (4) Adult hotels and motels, subject to the requirements of article IV, adult business regulation, 23 of chapter 15 of this Code. 24 (b) Accessory uses: (1) A single-family dwelling or modular home as an 25 accessory use - to a commercial use listed above, subject to the site requirements of section 24-75 . 26 (c) Uses requiring use permits: The following uses are permitted subject to a use permit: 27 (1) Residential uses not in conjunction with a ., permitted use, recreational vehicle parks, multi-family Butte County Zoning Code Amendment 05-04 1 1 dwellings, and mobile home parks . (2) Public and quasipublic uses not specifically 2 allowed in (a) of this section. (3) Small animal hospitals, mortuaries, hospitals, 3 sanitariums, used car sales, used or secondhand goods, pawn shops, refreshment stands, service stations that 4 offer repair services, auto body shops, auto repair 5 shops, restaurants that have drive through service, shopping malls and shopping centers on sites of five (5) 6 acres or greater, commercial recreation uses and other uses which are of similar character. 7 (4) Recycling facilities as per section 24-275 . 8 (d) Uses requiring an administrative permit: The following uses may be permitted subject to the 9 requirements of section 24-40 : (1) Temporary uses as listed in section 24-300 . 10 (2) Reverse vending machine and small collection recycling facilities pursuant. to section 24-275 . 11 (e) Site requirements: The following site requirements 12 shall apply: (1) Lot width required: Minimum lot width shall not be 13 less than forty-five (45) for commercial uses. The lot width requirements for residential uses shall conform to 14 sections 24-75 and 24-80 of this Code. 15 (2) Minimum lot size: None, for commercial uses, except as required to meet parking and building site 16 development requirements and minimum sewage disposal requirements of chapter 19 of the Butte County Code. 17 Residential uses shall meet the requirements of sections 24-75 and 24-80. 18 (3) Side yard requirements: None, except when the side 19 of a lot abuts upon the side of a lot that is zoned to allow a residential use, in which case the side yard 20 shall be not less than ten (10) feet. The side yard requirements for residential uses shall conform to 21 section 24-75 of this Code. (4) Rear yard: None, except where the rear yard abuts a 22 lot that is zoned for to allow a residential use, in 23 which case the rear yard shall be not less than ten (10) feet. The rear yard requirements for residential uses 24 shall conform to section 24-75 of this Code. (Ord. Ne. 3176,§ l (Ex . A) , 1 24 95-Ord. No-3619,S 5, 7-25 25 2000) 26 (f) Site development standard. (1) In instances in which any commercially zoned 27 property abuts residentially zoned property the standards as it pertains to allowable signs shall be " that of the N-C (Neighborhood Commercial) zoning Butte County Zoning Code Amendment 05-04 2 district. 1 2 24-145 C-2 (General Commercial) Zone. (a) Uses permitted: 3 (1) All uses permitted in C-1 (Light Commercial) Districts. 4 (2) General commercial uses, including art shops, 5 aviaries, bars and cocktail lounges, billiard, parlors and pool halls, bowling alleys, building material sales, 6 cleaning and pressing establishments, dance halls, interior decorating shops, employment agencies, 7 governmental legislative buildings, gymnasiums, public, 8 commercial or physical cultural studios, hospitals, hotels and motels, laboratories and X-ray facilities, 9 massage parlors and reducing salons, equipment rentals, pet shops, new and used car sales, repair garages, auto 10 car washes, plumbing shops, cabinet shops, sign manufacturing shops, restaurants with drive through 11 facilities, and other similar uses. 12 (3) Adult hotels and motels, subject to the requirements of article IV, adult business regulation, 13 of chapter 15 of this Code. (b) Accessory uses: 14 (1) - A single family dwelling or modular home as an accessory use to a commercial use listed above, subject 15 to the site requirements of section 24-75 . 16 (c) . Uses requiring use permits: The following uses are permitted subject to a use permit: 17 (1) Welding shops, auto body shops. (2) Manufacturing of clothing, handicraft products, 18 printing, lithographing and other light manufacturing or 19 industrial uses of similar character. (3) Public or quasipublic uses not specifically allowed 20 in subsection (a) , above. (4) Shopping malls and shopping centers on sites of 21 five (5) acres or greater, commercial recreation uses, kennels and small animal hospitals, and mortuaries. 22 (5) Recycling facilities as per section 24-275 . 23 (6) Residential uses not in conjunction with a permitted use, recreational vehicle parks, multi-family 24 dwellings, and mobile home parks . (d) Uses requiring an administrative permit. The 25 following uses may be permitted subject to the 26 requirements of section 24-40 : (1) Temporary uses as listed in section 24-300 . 27 (2) Reverse vending machine and small collection recycling facilities pursuant to section 24-275 . (e) Site requirements: The following site requirements Butte County Zoning Code Amendment 05-04 3 I shall apply: (1) Lot width required: Minimum lot width shall not be 2 less than forty-five (45) feet for commercial uses. The lot width requirements for residential uses shall 3 conform to sections 24-75 and 24-80 of this code. (2) Minimum lot size: None, except as required to meet 4 parking and building site development requirements and 5 minimum sewage disposal requirements of chapter 19 of the Butte County Code. Residential uses shall meet the 6 requirements of sections 24-75 and 24-80 of this Code. (3) Side yard requirements : None, except when the side 7 of a lot abuts upon the side of a lot that is zoned to allow a residential use, in which case the side yard 8 shall be not less than ten (10) feet. The side yard 9 requirements for residential uses shall conform to section 24-75 of this Code. 10 (4) Rear yard: None, except where the rear yard abuts a lot that is zoned to allow a residential use, in which 11 case the rear yard shall be not less than ten (10) feet. 12 The rear yard requirements for residential uses shall conform to section 24-75 of this Code. (Ord. Ne. 3-176, -9 13 i (Exh. A) , 1 a24 95; Ord. Ne. 3619, § 6, 7 25 2000+ (f) Site development standard. 14 (1) In instances in which any commercially zoned property abuts residentially zoned property the 15 standards as it pertains to allowable signs shall be 16 that of the N-C (Neighborhood Commercial) zoning district. 17 18 24-155 H-C (Highway Commercial) Zone. 19 (a) Uses permitted: (1) One (1) single-family dwelling or modular home per 20 parcel . (2) The use of a single-family residence as a small 21 family day care home, licensed family care home, foster home, or group home for mentally disordered or otherwise 22 handicapped persons or neglected children. Said homes 23 shall serve six (6) or fewer persons and shall be subject to all applicable state regulations and 24 limitations . (b) Accessory uses: 25 (1) Those uses and structures normally associated with 26 a single-family residential use and are in conjunction with or incidental to the residential use, including, 27 but not limited to, a garage, workshop, garden, private swimming pool, private tennis court, gazebo, spa, etc. ^^ (2) A guest house- as defined by section 24-305 . 175 . 4 Butte County Zoning Code Amendment 05-04 4 I (c) Uses requiring use permits. The following uses are permitted subject to a use permit: 2 (1) Duplex, multi-family dwellings, bed and breakfast inns, and multiple single-family residences . 3 (2) Hotels and motels, clubs, lodge halls, hospitals, sanitariums and clinics. 4 (3) Retail stores and shops of light commercial 5 character as listed in the C-1 zoning district. (4) Outdoor advertising signs, new automobile sales, 6 amphitheaters and theaters, small animal hospitals, dance academies, pet shops, mortuaries, used car sales, 7 used or secondhand goods, refreshment stands, service stations, drive-in restaurants and other uses which are 8 of similar character. 9 (5) Recreational vehicle and mobile home parks . (6) Public and quasipublic uses. 10 (7) Recycling facilities as per section 24-275 . (d) Uses requiring a minor use permit: The following 11 uses may be permitted subject to the requirements of 12 section 24-41: (1) Large family day care facilities subject to the 13 requirements of section 24-265 . (2) Second dwelling units subject to the requirements 14 of section 24-280 . (3) Bed and breakfast home. 15 (e) Uses requiring an administrative permit: The 16 following uses may be permitted subject to the requirements of section 24-40 : 17 (1) Home occupations subject to the requirements .of section 24-270 . 18 (2) Temporary uses as listed in section 24-300 . 19 (3) A temporary mobile home subject to the requirements of sections 24-295 and 24-295 .10 . 20 (f) Site requirements: The requirements of section 24- 75 of this Code are modified in the following 21 particulars for building sites in H-C zones: (1) Lot width required: Minimum lot width shall not be 22 less than sixty-five (65) . 23 (2) Side yard requirements: None, except when the side of a lot abuts upon the side of a lot that is zoned to 24 allow a residential use, in which case the abutting side yard shall not be less than ten (10) feet. The side yard 25 requirements for residential uses shall conform to section 24-75 of this Code. 26 (3) Rear yard: None, except where the rear yard abuts a 27 lot that is zoned for to allow a residential use, in which case the rear yard shall be not less than ten (10) feet. The rear yard requirements for residential uses Butte County Zoning Code Amendment 05-04 5 0 • shall conform to section 224-75 of this Code. �—Ner v76�S 1 77 9 /fir,c."ti.� ) , 7 4 95; Ord . Nei 3327 ' c 7, 77 97; Tr �r- 2 Ord. Ne. 367 e, a 8, 725 Wig) (g) Site development standard. 3 (1) In instances in which any commercially zoned property abuts residentially zoned property the 4 standards as itP ertains to allowable signs shall be 5 that of the N-C (Neighborhood Commercial) zoning district. Outdoor advertising signs require approval of 6 a use permit as shown in (c) (4) . 7 24-225 S-H (Scenic Highway) Zone.. 8 (a) Uses permitted: 1 Lawful uses of land established a m ( ) t the time a 9 district was originally zoned S-H. (2) One (1) residential dwelling or modular home per 10 parcel. (3) The use of, a single-family residence as a small 11 family day care home, licensed family care home, foster 12 home, or group home for mentally disordered or otherwise handicapped persons or neglected children. Said homes 13 shall serve six (6) or fewer persons and shall be subject to all applicable state regulations and 14 limitations. 15 (b) Accessory uses: (1) Those uses and structures normally associated with 16 a single-family residential use and are in conjunction with or incidental to the residential use, including but 17 not limited to a garage, workshop, garden, private swimming pool, private tennis court, gazebo, spa, etc. 18 (2) A guest house as defined by section 24-305 . 175 . 19 (3) Household pets, but not including livestock, poultry or poisonous reptiles. 20 (4) Agricultural uses and buildings. (c) Uses requiring use permits. The following uses are 21 permitted subject to a use ,permit: (1) Schools (including private, vocational, or craft 22 schools) , public and quasipublic uses, roadside stands 23 for the sale of produce from the land fronting the highway within the district; and 24 (2) Highway services primarily for the convenience of the traveling public and including: 25 a. Gasoline service stations. b. Restaurants. 26 C. Motels and trailer courts. 27 d. Public andquasipublic buildings and professional buildings. (d) Uses requiring a minor use permit. The following Butte County Zoning Code Amendment 05-04 6 uses may be permitted subject to the requirements of 1 section 24-41: 2 (1) Large family day care facilities subject to the requirements of section 24-265 . 3 (2) A second dwelling unit pursuant to section 24-280 . (e) Uses requiring an administrative permit. The 4 following uses may be permitted subject to the 5 requirements of section '24-40 : (1) Home occupations subject to the requirements of 6 section 24-270 . (2) Temporary uses as listed in section 24-300 . 7 (3) A temporary mobilehome subject to -the requirements of sections 24-295 and 24-295 . 10 . 8 (f) Signs. In instances in which any commercially zoned 9 property abuts residentially zoned property the standards as it pertains . to allowable signs shall be 10 that of the N-C (Neighborhood Commercial) zoning district. No signs, billboards or advertising displays 11 shall be erected within the district except signs 12 advertising only the sale or lease of land upon which the sign is placed, or the products grown or raised upon 13 such property, and established or permitted uses on such property except the following: 14 (1) Directional signs are permitted in advance of an entrance to a frontage road or intersection where 15 businesses that serve the highway users (i .e. , phones, 16 roadside businesses, hospitals, motels, rest areas, campgrounds and next services) are available and I 17 installed in accordance with State of California Division of Highways Planning Manual of Instructions. 18 (2) Historical landmark signs are permitted in advance 19 of an entrance to a frontage road or intersection with the most direct access road to guide traffic to a 20 registered landmark and installed in accordance with State of California Division of Highways Planning Manual 21 of Instructions. (g) Site requirements. The provisions of section 24-75 22 shall apply. (OrdNe. 3176, § , (Exh. r , 24 95 Ora 23 Ne.332-1, 8, 2 11 e) 24 Section 2 . Severability. If any provision of this Ordinance or the 25 application thereof to any person or circumstances is for any reason 26 held to be invalid by a court of competent jurisdiction, such 27 provision shall be deemed severable, and the invalidity thereof shall Butte County Zoning Code Amendment 05-04 7 I not affect the remaining provisions or other applications of the 2 Ordinance which can .be given effect without the invalid provision or 3 application thereof. 4 Section 3 . Effective Date and Publication. This Ordinance shall 5 take effect thirty (30) days after the date of its passage. The 6 Clerk of the Board of Supervisors is authorized and directed to 7 .publish this ordinance before the expiration of fifteen (15) days 8 after its passage. This Ordinance shall be published once, with the 9 names of the members of the Board of Supervisors voting for and 10 11 against it, in the a newspaper of general circulation. 12 published in the County of Butte, State of California. 13 PASSED AND ADOPTED by the Board of Supervisors of the County of 14 Butte, State of California, on the day of , 15 2005, by the following vote: 16 YES: 17 NOES: 18 ABSENT: 19- NOT VOTING: 20 21 KIM K. YAMAGUCHI, Chair of the 22 " Butte County Board of Supervisors ATTEST: 23 PAUL McINTOSH, Chief Administrative Officer 24 and Clerk of the Board 25 By G:\0RDINANCE\com1sign0rd.wpd 26 27 8 Butte County Zoning Code Amendment 05-04 8 BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT—FEBRUARY 10, 2005 Applicant: County of Butte Location: Countywide File#: ZCA 05-04 Parcel Size: N/A Request: Zoning Code Amendment Supervisor 1-5 for Signs in Commercial Districts: Zones near Residential Zones G.P.: Commercial Planner: Stephen Streeter, Contract Planner Zoning: C-1, C-2, C-C, H-C,N-C, Attachments: S-H. A: Draft Ordinance Zone Date: N/A B: Initial Study(see ZCA 05- 01) APN: Various EXECUTIVE SUMMARY: This ordinance amendment would amend four commercial zones of the County so that where commercially-'zoned property is adjacent to residentially-zoned property, the standards for allowable building signs would be the sign standards in the N-C (Neighborhood Commercial) zoning district. The proposed zoning code amendment would result in the six commercial zones being consistent in their sign provisions for signage adjacent to residential properties and with the Butte County General Plan Commercial land use designation. Staff recommends that the Planning Commission recommend approval of Zoning Code Amendment 05-04 Commercial Signs per the draft ordinance (Attachment A). PROJECT DESCRIPTION: The amendment would add language to the C-1 (Light Commercial), C-2 (General Commercial), H-C (Highway Commercial) and S-H (Scenic Highway) zones as follows: "In instances in which any commercially zoned property abuts residentially zoned property the standards as it pertains to allowable signs shall be that of the N- C (Neighborhood Commercial) zoning district". The Community Commercial zone already has the same sign provisions as the N-C zone. ■ Butte County Department of Development Services ■ ■February 10, 2005 ■ Agenda Report—Zoning Ordinance Amendment 05-040 Page 1 ■ 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. Subsequent amendments were made to the commercial zones in 1997, 1999 and 2000. ANALYSIS: • The Board of Supervisors initiated this zoning code amendment in response to a land use conflict in the Chico area where a business owner installed a sign of eighty(80) feet in height on a commercial zoned property near Highway 99 and adjacent to a single-family residential zone. The sign that was allowed within the C-2 (General Commercial) zone created a conflict with the residential neighborhood due to its size and lighting. • The sign standards for the N-C zone (also for the C-C zone) read: "Signs: Building signs shall not exceed a combined size of one (1) square foot in area for each lineal foot of building frontage". As an example, a commercial site with 100 lineal feet of frontage on a street would be entitled to 100 square feet of"combined" signage for the business that could be devoted to multiple wall signs. • Two other provisions of the N-C site development standards that would affect signs installed in other commercial zones per the N-C sign standards are: 1)Maximum structural height: Forty(40) feet; and 2) Outdoor lighting required: All lighting, exterior and interior, shall be designed and located so as to confine direct lighting to the premises. A light source shall not shine upon or illuminate directly on any surface other than the area required to be lighted. No lighting shall be of the type or in a location such that it constitutes a hazard to vehicular traffic, either on private property or on abutting streets. CEQA ISSUES: The initial study prepared for this project determined there would be no significant environmental impacts for the zoning code ordinance amendment pertaining to signs. Subsequent applications for approval of a sign in a commercial zone near a residential zone would undergo administrative review except for Planning Commission action on a variance application.. Environmental review would not be required for sign permits as ministerial actions, e.g. building permit issuance of a commercial sign with internal illumination meeting the zoning ordinance. 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. ■ Butte County Department of Development Services ■ ■February 10, 2005 0 Agenda Report Zoning Ordinance Amendment 05-04+0 Page 2 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 05-04 to amend the commercial sign provisions for the C-1 (Light Commercial), C-2 (General Commercial), H-C (Highway Commercial) and S-H (Scenic Highway) zones 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: 4.3.a. Encourage a full range of commercial services at the regional, community and neighborhood levels. Commercial services and signs as an accessory use need to be compatible with neighborhood uses as well as provide a full range of services at neighborhood levels. 4.3.d. Designate retail and service commercial areas in close proximity to residential development. Retail and service commercial areas that are close to residential development have the challenge of conducting their business in such a way as not to be overly intrusive to the nearby residences. Tall,freestanding signs would be intrusive to most residential neighborhoods. 4.4.a. Relate the intensity and variety of commercial uses to the market accessibility of each site. . The signage appropriate to a commercial site is also affected by the site's visibility and accessibility. Tall,freestanding signs, where appropriate, may warrant a special review process, e.g. a use permit for a multi-tenant sign along a freeway. *The Planning Commission may choose to add or delete General Plan policies from this list along with any supplemental comments pertaining to the commercial sign compatibility issue. B. Planning Commission Comments and Recommendations ■ Butte County Department of Development Services ■ ■February 10, 2005 0 Agenda Report—Zoning Ordinance Amendment 05-04+0 Page 3 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) Ms. Christopher gave a brief summary of the ordinance. She said the Board asked that a sentence be added to all of the zones that read "(f) (1) In instances in which any commercially zoned property abuts residentially zoned property the standards as it pertains to allowable signs shall be that of the N-C(Neighborhood Commercial)zoning." She suggested they use the height limitation from the N- C zone and the overall signage on buildings 1 square feet of signage based on the length of the square foot of the building. She said these changes were generated by the sign at the Dan Gamel property. She said they need to make it clear that the height and light refers to the sign. Commissioner Nelson asked if they based this on already established sign ordinance for the urban areas. Ms. Christopher said"no." Mr. Streeter said in the C-1 and C-2 zone outdoor advertising is listed as a permitted use. Commissioner Leland said if they bring in the Neighborhood Commercial restrictions it looks like it's allowed as a matter of right. Mr. Wannenmacher said he did not believe Neighborhood Commercial addressed outdoor advertising signs. Ms. Christopher said under#10 it has "signs" and then it states building signs shall not exceed a combined size of one square foot in area for each lineal foot of building frontage. Commissioner Leland said those are the signs that are attached to the building. Mr.Wannenmacher said the language that is proposed is that building signs would have to follow the Neighborhood Commercial rules. Ms. Christopher said the outdoor advertising signs need to be more restrictive than just building signs,that a 40 foot high maximum size should apply if you have residential adjacent to it, and you would still be able to light the sign and the sign would not be limited in the amount of square footage. Mr. Wannenmacher said the issue is that there is no review of a sign going in next to a residential zone that will be impacted by it. He said they should set a threshold on outdoor advertising signs. The Commission might want to add language such as"A Use Permit is required where an outdoor advertising or other non-building sign exceeds 10 feet in height or exceeds 100 square feet in size or 1. 2 ■BUTTE COUNTY PLANNING COMMISSION■MINUTES ■FEBRUARY 10,2005■ PAGE 33 ■ will be illuminated." He said that if they set a threshold,below a certain threshold signs do not need a Use Permit and any sign above the threshold would need a Use Permit to determine the impacts. Commissioner Leland said that seems appropriate if you are next to a residential use. Ms.Christopher asked if 1)they were happy with the 40 foot limit,2)how big and what size triggers a Use Permit, and 3) the.lighting. She said if a Use Permit is required, the County can put a time limit that the sign can be on. She said the ordinance is not retroactive. Mr. Wannenmacher said it really comes down to what the Commission thinks the threshold should be. He said the Commission might want to say that any sign next to residential requires a Use Permit. Commissioner Leland talked about lighted signs on building faces. Ms. Christopher said building signs are not only found on the front of the building. She suggested that the sign can not be shinning off the premises. Mr. Wannenmacher said setbacks for commercial uses next to residential are only 10 feet. Ms. Christopher said for clarification there are basically three types of signs, i.e., free standing, monument,and building signs. She asked if the Commission wants to control the amount of signs as well. Commissioner Leland said he would like to require a Use Permit for illuminated signs next to a residence. Ms. Christopher said they need to think about the overall size of signs. Commissioner Leland asked if there was a standard size for pole signs. Ms. Christopher said she thought it was related to the location. Mr. Streeter said that one size that is not uncommon is 300 square feet for a pole sign. He said staff included the Community Commercial zone in the ordinance although.the same sign standards as in Neighborhood Commercial are already there. Commissioner Nelson said that things need to be looked at when there are conflicts. He said you have two conflicting things, people trying to live in a residential neighborhood and a commercial business trying to advertise next door. Mr. Wannenmacher suggested the need for criteria above which a Use Permit is triggered relating to height, size, and lighting. He said that a business in a C-2 zone which happens to be next to a residential area is limited by the ordinance to the amount of square footage for all of the building signs that corresponds to the building frontage. He felt that the lighted and free standing signs also need to be addressed. 13 ■BUTTE COUNTY PLANNING COMMISSION■MINUTES ■FEBRUARY 10,2005 ■ PAGE 34 ■ There was a brief discussion on the Gamel sign that triggered this ordinance. Commissioner Nelson suggested over 300 square foot and over 40 ft. high to trigger a Use Permit. Commissioner Wilson commented that there are a lot of signs in existence now that are too big and he felt if they are going to have an ordinance,the signs need to come down. Chairman Marin suggested that signs be 50 feet in height, 300 square feet in size, and the lighting should be turned off at midnight when next to a residential neighborhood. Commissioner Wilson said they should make it so once the height is set if the sign goes above that height it would trigger a Use Permit. He felt the height should be set at 20 feet and 300 square feet in size and that anything over that would require a Use Permit. He said he would add that no lighting shall shine on residential use. Commissioner Leland said he would go along with 40 feet in height, 300 square feet in size, and lighting to be turned off at midnight when next to a residential property. He said that this is the type of ordinance where the Commission would like to hear from the people affected. He said they need to expand the notice for the hearing. He felt they should send notices to commercial properties that are next to residential properties. Mr. Wannenmacher said there are two issues; 1)the building signs and the other signs and 2)other signs are only allowed in certain zones, and H-C already requires a Use Permit, C-1 and C-2 do not require a Use Permit, and S-H has additional restrictions on them. He asked if the Commission was going to put these restrictions in the zones that already allow for outdoor advertising signs and not expand outdoor advertising signs to the commercial zones that do not already allow them. The Commissioners agreed with Mr. Wannenmacher's statement. Commissioner Lambert asked if there is a 100 foot frontage on a building and there are a lot of little businesses with a sign on each one does it cause a problem because of the limitation. Ms. Christopher.said that the amounts for the signs were cumulative. Mr.Wannenmacher said the Commission might want to bring up the issue. He said it could be very restrictive if you have a building that had a sign that the owner wanted to put on three or four sides. Ms. Christopher said the County counts frontage for setbacks on both sides for corner lot. She felt the frontage would count for both sides for signs. Commissioner Leland said that the number of square footage is restrictive,but it is commonly found in shopping centers leases. ■BUTTE COUNTY PLANNING COMMISSION■MINUTES■FEBRUARY 10,2005 ■ PAGE 35 ■ Ms. Christopher asked when the Commission proposed the 300 square foot requirement it was for freestanding and monument signs,leaving the 1 square foot per lineal foot length of the building as it is. Commissioner Leland said he was thinking of freestanding only. He said a monument sign would not be that big. Commissioner Wilson said he was also thinking this applied to pole signs only. Commissioner Lambert said limiting a monument sign to 6-8 feet appealed to her. Commissioner Leland suggested 32 square feet or over 8 feet in height would trigger a Use Permit for monument signs, and would be required to shine only on the property where the sign is. Ms. Christopher listed the changes suggested; 1)freestanding pole signs allow up to 40 feet in height and up to 300 square feet of face, anything higher or larger or lighted would trigger a Use Permit, and write into the code that the lights would have to be turned off at midnight; 2) for monument signs allowable up to 8 feet tall and 32 square feet of face, and lighting ok, anything beyond that would trigger a Use Permit. She said they would default back to the N-C references for the building signage. Commissioner Nelson discussed requiring a distance next to residential property. Brief discussion. It was moved by Commissioner Leland, seconded by Commissioner Lambert, and unanimously carried to recommend the approval of ZCA 05-04 for commercial signage, subject to the findings and with the changes.discussed today. 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. H. Recommend that the Board of Supervisors approve Zoning Code Amendment 05-04 to amend the commercial sign provisions for the C-1 (Light Commercial), C-2 (General Commercial),H-C (Highway Commercial)and S-H(Scenic Highway)zones 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: 4.3.a. Encourage a full range of commercial services at the regional, community and neighborhood levels. Commercial services and signs as an accessory use need to be compatible with neighborhood uses as well as provide a full range ofservices at neighborhood levels. 4.3.d. Designate retail and service commercial areas in close proximity to residential development. 15 ■BUTTE COUNTY PLANNING COMMISSION■MINUTES ■FEBRUARY 10,2005 ■ PAGE 36 ■ Retail and service commercial areas that are close to residential development have the challenge of conducting their business in such a way as not to be overly intrusive to the nearby residences. Tall, freestanding signs would be intrusive to most residential neighborhoods. 4.4.a. Relate the intensity and variety of commercial uses to the market accessibility of each site. The signage appropriate to a commercial site is also affected by the site's visibility and accessibility. Tall, freestanding signs, where appropriate, may warrant a special review process, e.g. a use permit for a multi-tenant sign along a freeway. *The Planning Commission may choose to add or delete General.Plan policies from this list along with any supplemental comments pertaining to the commercial sign compatibility issue. 16■.BUTTE COUNTY PLANNING COMMISSION `.MINUTES i FEBRUARY 10,2005 ■ PAGE 37 ■ w 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) 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 �7~ 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. I I I 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, Sections 24-140, 24-145, 24-150, 24-155, and 24-225 regarding commercial signage, entitiled "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) In accordance with the California Environmental Quality Act (CEQA), an Initial Study and Negative Declaration have been prepared 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. r c I Proposed Ordinance, 2 Ordinance No. 3 ZONING CODE AMENDMENT 05-04 : ORDINANCE AMENDING SECTIONS 24-140, 24- 4 145, 24-150, 24-155, and 24-225 REGARDING COMMERCIAL SIGNAGE IN 5 CHAPTER 24, ENTITLED "ZONING", OF THE BUTTE COUNTY CODE PERTAINING TO 6 SIGNS 7 The Board of Supervisors of the County of Butte ordains as follows: 8 Section 1. Sections 24-140, 24-145, 24-150, 24-155 and 24-225 of 9 Chapter 24 of the Butte County Code are amended to read as follows: 10 11 24-140 C-1 (Light Commercial) Zone. (f) Site development standards. 12 (1) In instances in which any commercially zoned property abuts residentially zoned property the 13 standards as it pertains to allowable signs shall be 14 that of the N-C (Neighborhood Commercial) zoning district. 15 24-145 C-2 (General Commercial) Zone. 16 (f) Site development standards. 17 1 (1) In instances in which any commercially zoned property abuts residentially zoned property the 18 standards as it pertains to allowable signs shall be that of the N-C (Neighborhood Commercial) � zoning 19 district. 20 24-150 C-C (Community Commercial) Zone. 21 (e) Site development standards. The following 22 development standards shall apply to all development in the C-C zone, except that specific standards may be 23 modified by use permit if the approving body finds that 24 the modification is necessary to provide a superior project design over what would ordinarily occur with the 25 basic standards and that the modified project fits harmoniously with the surrounding area. 26 (10) Signs: In instances in which any commercially 27 zoned property abuts residentially zoned property the standards as it pertains to allowable signs shall be that of the N-C (Neighborhood Commercial) zoning Butte County Zoning Code Amendment 05-04 1 I I district. Building signs shall not exceed a combined size of one (1) square foot in area for each lineal foot 2 of building frontage. 3 24-155 H-C (Highway Commercial) Zone. 4 (g) Site development standards. 5 In instances in which any commercially zoned property abuts residentially zoned property the 6 standards as it pertains to allowable signs shall be that of the N-C (Neighborhood Commercial) zoning 7 district. 8 9 24-225 S-H (Scenic -Highway) Zone. 10 (f) Signs. In instances in which any commercially zoned property abuts residentially zoned property the 11 standards as it pertains to allowable signs shall be 12 that of the N-C (Neighborhood Commercial) zoning district. No signs, billboards or advertising displays 13 shall be erected within the district except signs advertising only the sale or lease of land upon which 14 the sign is placed, or the products grown or raised upon such property, and established or permitted uses on such 15 property except the following: 16 (1) Directional signs are permitted in advance of an entrance to a frontage road or intersection where 17 businesses that serve the highway users (i.e. , phones, roadside businesses, hospitals, motels, rest areas, 18 campgrounds and next services) are available and 19 installed in accordance with State of California Division of Highways Planning Manual of Instructions. 20 (2) Historical landmark signs are permitted in advance of an entrance to a frontage road or intersection with 21 the most direct access road to guide traffic to a registered landmark and installed in accordance with 22 State of California Division of Highways Planning Manual 23 of Instructions. 24 iSection 2 . Severability. If any provision of this Ordinance or the 25 application thereof to any person or circumstances is for any reason 26 held to be invalid by a court of competent jurisdiction, such 27 provision shall be deemed severable, and the invalidity thereof shall Butte County Zoning Code Amendment 05-04 2 I not affect the remaining provisions or other applications of the 2 Ordinance which can be given effect without the invalid provision or 3 application thereof. 4 Section 3 . Effective Date and Publication. This Ordinance shall 5 ' take ,effect thirty (30) days after the date of its passage. The 6 Clerk of the Board of Supervisors is authorized and directed to 7 publish this ordinance before the expiration of fifteen (15) days 8 after its passage. This Ordinance shall be published once, with the 9 10 names of the members of the Board of Supervisors voting for and 11 against it, in the a newspaper of general circulation 12 published in the County of Butte, State of California. 13 PASSED AND ADOPTED by the Board of Supervisors of the County of 14 Butte, State of California, on the day of 15 2005, by the following vote: 16 YES: 17 NOES: 18 ABSENT: 19 NOT VOTING: 20 21 KIM_j Y_AMAG_UCHI, Chair of the Butte County Board of Supervisors 22 ATTEST: PAUL McINTOSH, Chief 23 Administrative Officer and Clerk of the Board 24 25 By 26 G:\ORDINANCE\con lsignord.wpd 27 Butte County Zoning Code Amendment 05-04 3