HomeMy WebLinkAboutZCA 03-02_PLANNING 5
I � III RI III I � I � IIY � .
. . SEPARATOR SHEET-
„„ NONE)
PROJECT NUMBER ZCA D3 "02
DECLARATION OF FEES DUE
(California Fish and Game Code Section 711.4)
NAME AND ADDRESS OF APPLICANT D d
Butte County Department of Development Services
7 County Center Drive AUG ` $ 2003
Oroville, CA 95965
CANDA .GR 1BBS,BU1TE CO.CLERK
DEFJTY
FILING NO.
Project Title/tile number: Zoning Code AmendmentZCA 03-02
APN #N/A
CLASSIFICATION OF ENVIRONMENTAL DOCUMENT:
I. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION
(X) A. Statutorily or Categorically Exempt
$36.00 Clerk's Documentary Handling Fee
( ) 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. - County Office
Chief Planning Official
By: Yvonne Christopher
Title: Director - Development Services
Lead Agency: Butte County Department of
Development Services
Date: July 8, 2003
TWO COPIES OFTHIS 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.
APPENDIX A
NOTICE OF EXEMPTION
TO: _ Office of Planning and Research FROM: Butte County Planning Division
1400 Tenth Street, Room 121 7 County Center Drive
Sacramento, CA 95814 Oroville, CA 95965
X County Clerk
County of Butte
25 County Center Drive
Oroville, CA 95965
Project Title: ZCA 03-02, Zoning Code Amendment
Assessor's Parcel No.: N/A
Applicant: Butte County Department of Development Services, 7 County Center Drive, Oroville, CA 95965
Project Location-Specific: N/A
Project Location-City: N/A Project Location-County: Butte
Description of Nature Purpose and Beneficiaries of Project: T
p p sect ext amendments to the Administration, Subdivision, and
Zoning Ordinances of the Butte County Code to replace all references to the Development Review Committee as the Advisory
Agency with the Planning Commission. Text amendments are also proposed to replace references to the Planning Manager with
the Planning Commission
Name of Person or Agency Approving Project: Butte County Board of Supervisors
Exempt Status: (Check One)
Ministerial (Sec. 15073)
Declared Emergency (Sec. 15071(a))
Emergency Project(Sec. 15071 (b)and (c))
X Categorical Exemption. State type and section number: 15320
General Rule Exemption
Reasons why project is exempt: Changes in the organization or reorganization of local governmental agencies where the
changes do not change the geographical area in which previously existing powers are exercised
Contact Person: Joe Baker Telephone: (530) 538-7601
If filed by applicant:
1. Attach certified document of exemption finding.
2. Hasa notice of exemption been filed by the public agency approving the project?
Yes No
Date Received For Filing:
Sig atuY Chs pher
Dir ctor-re, ne De/elopme `t Services
PROJECT SUMMARY SHEET
FILE#: ZCA 03-02 PROJECT TYPE: Zoning Code Amendment
APPLICANT: Butte County Department of Development Services
ADDRESS: 7 County Center Drive, Oroville,CA 95965
OWNER:
ADDRESS:
REPRESENTATIVE:
ADDRESS:
PROJECT DESCRIPTION: Text amendments to the Administration,Subdivision,and Zoning Ordinances of the Butte County Code to replace
all references to the Development Review Committee as the Advisory Agency with the Planning Commission. Text amendments are also proposed
to replace references to the Planning Manager with the Planning Commission
PROPERTY ZONED: N/A LOCATED: N/A
AP#: N/A TOWN/AREA: County Wide
GENERAL PLAN DESIGNATION: N/A
1. Application accepted: March 4,2003 Amount: $ Receipt#:
2. Comments sent to:
3. Comments received from:
4. Rezone Petition Signatures Checked:
5. Mailing List/Lead-in Sheet:
6. Assigned To: Joe Baker
7. Environmental Determination:
State Clearinghouse No: _Categorical Exemption-CEQA# / 2410
Negative Declaration
Mitigation Negative Declaration
Subject to Fish&Game: Environmental Impact Report
Gen.Rule Ex. -CEQA# 15061.(bx3)
Other
8. Staff Report: Project Video:
9. Clearinghouse circulation required: Yes No Date Sent to SCH:
10. Publication Notice Written: Display Ad.Prepared:
11. Notices Mailed: Number of Notices:
12. Newspaper Publication Date: 0 C P G B
13. Planning Commission Hearing(s):
Action taken:
Special Conditions:
Commission Resolution No.
14. Board of Supervisors'Hearing(s):
Action taken:
Board Resolution No.: Ordinance No: W50 Adopted: ?� D
15. Type Use Permit/Send for signature:
16. N.O.E./N.O.D./APPENDIX G: Fish&Game Fees Paid: Yes No
17. Send validated Use Permit:
18. Assessor's Memo:
19. Copy of Use Permit/Variance to Planning Technician:
Butte County Department of Development Services,(Item determined to be categorically
exempt from environmental review), Amendments to the text of the Administration,
Subdivisions, and Zoning Ordinances of the Butte County Code to replace the
Development Review Committee as the Advisory Agency with the Planning Commission.
Location County-wide. (ZCA 03-02)
Ms. Christopher gave a brief summary of the project.
Mr.Wannenmacher said that the Zoning Code is located on the County web site. He said on Section
20-167 the DRC was referenced as Committee and when he did a search he found three other
sections that require change from"Committee"or"Sub-Committee"to"Planning Commission"and
they are 20-161.2,20-190,and 20-210.G. He also corrected the section numbers stating that Section
10 should be Section 9, Section 11, should be Section 10, and on the last page Section 4 should be
Section 11.
Chairman Lambert asked staff if the reference to Advisory Agency means Planning Commission.
Ms. Christopher said"yes." She said the words Advisory Agency comes from the Subdivision Map
Act and the definition has been amended to reflect that this is the Planning Commission.
Commissioner Nelson asked why there is a reference to a hearing officer.
Mr. Wannenmacher said this gives the department the power to hire a hearing officer.
Ms. Christopher said under an appeal for certain things,the Code is written where the matter could
go before a hearing officer or to the Director of Development Services, and staff would then bring
the matter forward to the Commission. She explained the new procedure leading up to the Planning -
Commission meetings and the function of an internal review group.
It was moved by Commissioner Leland; seconded by Commissioner Nelson, and unanimously
carried to recommend the.Board of Supervisors make the changes listed below including the changes
from Counsel made today on Sections 20-161.2;20-190, 20-210G.
I. Recommend-to the Board of Supervisors that they find this project is exempt from
environmental review pursuant to the California Environmental Quality Act(CEQA)under
Section 15320 (Changes in Organization of Local Agencies) of CEQA. This exemption
allows changes in the organization or reorganization of local governmental agencies where
the changes do not change the geographical area in which previously existing powers are
exercised.
II. Recommend to the Board of Supervisors approval of an Ordinance amending the text of the
Administration, Subdivisions,and Zoning Ordinances of the Butte County Code, subject to
the following findings:
A. Replacing the Development Committee with the Planning Commission as the
Advisory Agency would eliminate the potential for conflict of interest that exists
now with the Development Review Committee.
■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ MARCH 27,2003 ■ PAGE I I ■
' - - - -
B. Replacing the Planning Manager with the Planning Commission to directly hear .
minor use permit and minor variance applications will reduce the time it currently
takes to get this type of permit to a public hearing.
C. The text amendments are consistent with the Goals and Policies of the Butte County
General Plan.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 2, CHAPTER 20, AND CHAPTER 24,OF THE
BUTTE COUNTY CODE
The Board of Supervisors of the County of Butte, State of California, under and
pursuant to Section 24.25.40 of the Butte County Code of said County, ORDAINS, as follows:
SECTION 1. Section 2-136 of the Butte County Code is hereby amended to read as
follows:
2-136 Map application procedures and standards.
(a) Land development division and advisory agency functions. Notwithstanding any other
provisions in this Code to the contrary,applications for industrial and commercial parcel maps and
subdivision maps pertaining to property within the unincorporated area of the Oroville Enterprise
Zone as it is now established by the State of California or as the boundaries thereof may hereafter be
lawfully amended, shall be submitted to and processed by the Oroville Planning Commission and
Oroville Development Review Board, which shall act in lieu of the Butte County Department of
Development Services,Land Development Division,and Advisory Agency.Appeals from actions of
the Oroville Planning Commission with respect to such maps shall be made to the board of
supervisors in the same manner and subject to the same county.fees as appeals from actions of the
Butte County Advisory Agency.
(b)Map application procedures and standards. Such map applications shall be filed with the City
of Oroville,subject to the fees and adopted procedures and standards of the city as they now exist or
may exist at the time of such application. Such projects will be subject to'city design review
requirements and improvement standards, including standards regarding the installation of street
trees. However, the zoning regulations applicable to all such maps will be those specified in the
applicable county zoning ordinance,and county sewage disposal requirements shall apply,except as
to those projects which connect to a publicly owned, maintained and operated sewage system, in
■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ MARCH 27,2003 ■ PAGE 12 ■
which case the requirements of the public entity which owns, maintains and operates the sewer
system shall apply. Final subdivision maps and parcel maps shall be submitted to the county
surveyor for examination and certification pursuant to Government Code sections 66442 and 66450,
respectively. Final subdivision maps shall be submitted to the board of supervisors for approval.
(c) Section not applicable to residential maps.This section is not applicable to residential parcel
maps and subdivision maps, which will continue to be processed in accordance with the procedures
and standards of the County of Butte.
SECTION 2. Section 20-10 of the Butte County,Code is hereby amended to read as
follows:
20-10 Advisory agency.
"Advisory agency" means the Butte County Planning Commission charged with the duty of
making investigations and reports on the design and improvement of proposed divisions of real
property, the imposing of requirements or conditions thereon, or having the authority under this
chapter to approve, conditionally approve or disapprove maps, including reversions to acreage by
parcel map, excepting that in the event of subdivision of property pursuant to Government Code
chapter 6.7,article 2, section 51119.5,division of and zoned as Timberland Production into parcels
of less than one hundred sixty(160)acres,then in that event the board of supervisors is the advisory
agency having the authority under this chapter to, with a four-fifths (4/5) vote, approve,
conditionally approve or disapprove maps, including reversions to acreage by parcel map.
Notwithstanding any of the above, when a tentative map is submitted in conjunction with a
planned unit development,the board of supervisors shall act as the advisory agency for purposes of
action on the tentative map.
Whenever the board of supervisors acts as the advisory agency, sections 20-66 and 20-106 of
chapter 20 of the Butte County Code shall be inapplicable.
SECTION 3. Section 20-54 of the Butte County Code is hereby deleted in its
entirety.
SECTION 4. Section 20-161 of the Butte County Code is hereby amended to read as
follows:
20-161 Notice of violation.
.Whenever any county department has knowledge that real property may have been divided in
violation of the provisions of the Subdivision Map Act or of this chapter, it shall either report such
knowledge to the Director of Development Services or shall schedule a hearing in front of a hearing
■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ MARCH 27, 2003 ■ PAGE 13 ■
officer or Planning Commission pursuant to section 20-161.1.Notwithstanding the above,the office
of the'district attorney shall be exempt from the requirements of this section and section 20-161.1.
SECTION 5. Section 20-161.1 of the Butte County Code is hereby amended to read
as follows:
20-161.1 Notice.
The county department having such knowledge of the violation or the Director of Development
Services,which after reviewing the report submitted to it by the county department and finding that
the circumstances warrant, unless such violation is under investigation and/or prosecution by the
office of the district attorney, shall:
(1)File with the recorder a notice of intention to record a notice of violation,which notice shall
describe the property in detail,naming the owners thereof,describing the violation,and stating that
the opportunity will be given to the owner to present evidence.
(2) Set for hearing before the Planning Commission the question of whether or not there has
been a division of land in violation of the Subdivision Map Act or this chapter,and whether a notice
of violation should be recorded in the office of the county recorder. Upon recording the notice of
intention, a copy of the notice shall be sent to the owner of the real property, setting forth the time,
date and place of such hearing, at which the owner may present evidence.
(3) Deliver a copy of said notice to the development services, public works and health
departments. After such delivery,no permits or approvals shall be issued until a final determination
has been made regarding recordation of a notice of violation.
SECTION 6. Section 20-161.2 of the Butte County Code is hereby amended to read
as follows:
20-161.2 Investigation by district attorney.
When violations are under investigation and/or prosecution by the office of the district attorney,
if a settlement is not reached and/or a judgment is rendered Which does not provide for
improvements deemed necessary by the advisory agency,the advisory agency shall proceed
pursuant to section 20-161.1.
If a 'settlement is reached and/or judgment is rendered which provides for
improvements deemed necessary by the advisory agency and such improvements are
completed, the advisory agency shall issue and record a certificate of compliance upon
application, and payment of the fee set forth by resolution of the board of supervisors,by an
owner of a parcel or parcels within the illegally created subdivision. For purposes of this
■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ MARCH 27, 2003 ■ PAGE 14 ■
section,all property remaining in the ownership or control of the subdivider shall be deemed
merged insofar as possible into the legal parcel or parcels as they existed prior to the illegal
subdivision.
Pending completion of improvements deemed necessary by the advisory agency,upon
application of an owner of a parcel or parcels,except for the subdivider,the advisory agency
may authorize county departments to issue permits if the advisory agency determines that the
development of the property would not be detrimental to the public health or safety. The
decision of the advisory agency may be appealed to the board of,supervisors pursuant to
section 20-172. (Ord. No. 3188, § 1(Exh. A), 3-14-95)
SECTION 7. Section 20-162 of the Butte County Code is hereby amended to read as
follows:
20-162 Action regarding notice of violation.
At the time of said hearing, after hearing the evidence presented by the representative or
representatives of the county, the owners of the property, and any other interested persons, the
hearing officer or Planning Commission shall determine whether or not the property has been
properly divided or has resulted from a division in violation of this chapter or the Subdivision Map
Act.
If the owner of the real property has failed to inform the county of his objection to recording the
notice of violation,or if the hearing officer or Planning Commission determines that the property has
been divided or has resulted from a division in violation of this chapter or of the Subdivision Map
Act,the county department or the Planning Commission shall mail a notice so stating to the owner
or owners of the property affected as shown on the latest assessment roll,advising them of their right
to appeal this decision to the board of supervisors pursuant to section 20-172 and further stating that
a notice of violation shall be recorded with the county recorder containing the information specified
in section 66499.36 of the Government Code. The advisory agency shall forward a copy of said
notice to the district attorney for possible prosecution.If the hearing officer or Planning Commission
determines that no violation has occurred or that a violation has occurred but has been corrected,the
advisory agency shall record a certificate of compliance in a form specified in this chapter, which
shall constitute a release of the notice of intention to record a notice of violation.
■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ MARCH 27, 2003 in PAGE 15 ■
SECTION 8. Section 20-167 of the Butte County Code is hereby amended to read as
follows:
20-167 Conditional issuance of certificate of compliance.
If the advisory agency determines that such real property does not comply with the provisions of
the Subdivision Map Act or of this chapter,but that development of such real property would not be
contrary to public health or the public safety,it shall grant a certificate of compliance.In such cases
the Planning Commission may,as a condition of granting a certificate of compliance,and in order to
protect the public health or the public safety, impose such conditions as would have been applicable
to the division of the property at the time the current owner of record acquired the property; except
that where the applicant was the owner of record at the time of the initial violation of the provisions
of this chapter or of local ordinances enacted pursuant thereto who by a grant of the real property
created a parcel or parcels in violation of this chapter or focal'ordinances enacted pursuant thereto,
and such person is the current owner of record of one(1)or more of the parcels which were created
as a result of the grant in violation of this chapter or local ordinances enacted pursuant thereto,then
the local agency may impose such conditions as would be applicable to a current division of the
property Such conditions may be fulfilled-and implemented by the property owner who applied for
the certificate or by a grantee of such property owner. If such conditions are not fulfilled or
implemented, the certificate of compliance shall have no force or effect upon any subsequent
transfer of the property; and any subsequent transferee or assignee shall make a new application for
a certificate of compliance pursuant to section 20-166; and the advisory agency may impose such
conditions as would have been applicable at the time such assignee or transferee acquired the
property.
If such conditions are fulfilled to the satisfaction of the advisory agency, the current owner of
record may request that a notice of compliance be filed with the Butte County Recorder. Said notice
of compliance shall identify the real property and the book and page of the previously recorded
certificate of compliance and shall state that the conditions of the certificate of compliance have
been fulfilled to the satisfaction of the Planning Commission.
SECTION 9. Section 20-173 of the Butte County Code is hereby amended to read as
follows:
20-173 Hearing officer.
All hearings conducted pursuant to section 20-161.1 to determine whether or not lands have been
subdivided in violation of the provisions of this section shall be conducted by the Planning
■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ MARCH 27,2003 ■ PAGE 16 ■
i `
Commission or a hearing officer. The hearing officer shall be appointed by the board of supervisors
and shall be reimbursed at the rate of seventy-five dollars($75.00)per day.The determination of the
Planning Commission or the hearing officer shall be final fifteen (15) days after the mailing of the
Planning Commission's or the hearing officer's decision unless an appeal is filed with the board of
supervisors pursuant to section 20-66.
SECTION 10. Section 20-190 of the Butte County Code is hereby amended to read
as follows:
20-190 when a reversion to acreage by tentative parcel map may be filed.
Proceedings to revert property previously subdivided,which consisted of four(4) or
fewer contiguous parcels under the same ownership, may be initiated by petition of the
owners of the property.
The petition shall be filed with the director of development services.
The petition shall conform to the rules of the advisory agency as to form and content.
The rules shall require the following to be included in the petition as a minimum:
(1) Evidence of ownership.
(2) Evidence of nonuse or lack of necessity of any streets or easements to be vacated
or abandoned.
(3) A parcel map in a form prescribed by section 66444 of the Government Code
which delineates any streets or easements which are to be left in effect.In addition the parcel
map shall contain a certificate thereon signed and acknowledged by all parties having any
record title interest in the property that the parties consent to the preparation and recordation
of the parcel map in accordance with section 66436 of the Government Code. (Ord.No. 3188,
§ 1(Exh. A), 3-14-95)
SECTION 11. Section 24-41 of the Butte County Code is hereby amended to read as
follows:
24-41 Minor use permits.
(a)Purpose and intent. The section pi�ovid es procedures for the preparation,filing,processing by
■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ MARCH 27,2003 ■ PAGE 17 ■
the planning division,and the approval,approval with conditions,or denial of a discretionary permit
that authorizes specific land uses on specific sites. Land uses that require a minor use permit are
specified in each individual zoning district.
(b) Application and review procedures:
(1) Applications for a minor use permit shall be made in writing on a form prescribed by the
planning manager.
(2)Applicants shall be notified in writing of incomplete applications within thirty(30)calendar
days of the mailing of said notice. Failure to so respond and complete the application,may result in
the application being deemed abandoned, and no further action shall be taken upon it.
(3) All applications for minor use permits shall be reviewed by the planning division and
forwarded to other applicable county agencies or departments for review and comments. The review
period shall not exceed fourteen (14) working days. Upon completion of the review period, a
recommendation to either approve or disapprove the request shall be submitted to the Planning
Commission for a decision on the project.The report to the Planning Commission shall include any
recommended conditions of approval.
(4) The Planning Commission shall provide public notice of the proposed project. The notice
shall include a general explanation of the matter being considered,a general description of the area
to be affected and the date and location of the public hearing. The notice shall be given by mail to
the ten(10)closest properties to the subject parcel at least ten(10)calendar days prior to the public
hearing. Said notice shall be mailed to said property owners using the address from the latest
equalized assessment roll of the County of Butte. Failure to receive the notice shall not invalidate
any action on the application.
(c)Approval or disapproval. After holding the public hearing,the Planning Commission, shall
make the findings and approve or deny the project. Approval of a minor use permit can be as it was
applied for or in modified form and conditions may be imposed. Conditions may include,but shall
not be limited to, requiring:
(1) Special yards;
(2) Open spaces;
(3) Buffers;
(4) Fences;
(5) Walls;
(6) Height of buildings, walls or others structures;
------------
■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ MARCH 27, 2003 ■ PAGE 18 ■
! •
(7) Installation and maintenance of landscaping;
(8) Street dedications, medians, and improvements;
(9) Regulations of points of vehicular ingress and egress;
(10) Regulation of traffic circulation;
(11) Regulation of signs;
(12) Regulation of hours of operation and methods of operations;
(13) Control of potential nuisances;
(14) The prescription standards for maintenance of building and grounds;
(15) Prescription of development schedules and development standards;
(16) Limit the life of the permit;
(17) Such other conditions as the Planning Commission may deem necessary to ensure
compatibility of the use with surrounding developments and uses and to preserve the public health,
safety, and welfare.
(d) Findings. The approving authority shall make the following findings before granting the
permit;
r
(1)That the proposed location,size,design,and operating characteristics of the proposed use is
in accordance with the purpose of this ordinance [article],the purpose of the zone in which the site is
located, the Butte County general plan, and the development policies and standards of the county;
and
(2) That the location, size, design, and operating characteristics of the proposed use will be
compatible with and will not adversely affect or be materially detrimental to adjacent uses,residents,
buildings, structures, or natural resources, with consideration given to:
a. Harmony in scale, bulk, coverage, and density;
b. The availability of public facilities, services and utilities;
c. The harmful effect, if any, upon desirable neighborhood character;
d. The generation of traffic and the capacity and physical character of surrounding streets;
e. The suitability of the site for the type and intensity of use or development which is proposed;
f. Any other relevant impact of the proposed use.
(3) That the proposed location, size, design, and operating characteristics of the proposed use
and the conditions under which'it would be operated or maintained will not'be detrimental to the
public health, safety, or welfare, or materially injurious to properties or improvements in the
vicinity.
■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ MARCH 27,2003 ■ PAGE 19 ■
(4) That the proposed use will comply with each of the applicable provisions of the chapter,
except for an approved minor variance.
(e)Appeals. The appeal procedure for any action taken by the planning commission on a minor
use permit request shall be the same as for a use permit as specified in section 24-45.30.
(f)Lapse of minor use permit.A minor use permit shall lapse and shall become void one(1)year
following the date on which it was approved, unless prior to the expiration:
(1) A building permit is issued and construction is commenced and diligently pursued toward
completion on the site which was the subject of the use permit application; or
(2)A certificate of occupancy is issued for the structure which was the subject of the minor use
permit application; or
(3) The site is occupied in accordance with the minor use permit, if no building permit or
certificate of occupancy is required; or
(4)The use which was the subject of the minor use permit application is commenced,provided
that a minor use permit for a public utility installation may be valid for a longer period if specified
by the Planning Commission.
A minor use permit subject to lapse may be renewed for an additional period of up to one (1)
year,provided that sixty(60)calendar days prior to the expiration date,an application for renewal of
the minor use permit is filed with the planning manager on the prescribed form and accompanied by
the necessary data and fees.
The approving authority may grant or deny an application for renewal of a minor use permit.
The minor use permit shall expire and the permit shall thereafter be of no further force or effect
if the use, business, or service for which the minor use permit was issued terminates or ceases
operation for a continuous period of time in excess of one hundred eighty(180)calendar days except
for:
(1) Destruction or damage by acts of God; or
(2) Destruction or damage by malicious acts; or
(3)Remodeling or rehabilitation requiring prolonged closure with prior approval of the planning
manager.
SECTION 12. Section 24-52 of the Butte County Code is hereby amended to read as
follows:
24-52 Minor variances.
(a)Purpose and intent.The section provides procedures for the preparation,filing,processing by
■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ MARCH 27,2003 ■ PAGE 20 �'
the planning division, and the approval or disapproval of a discretionary permit that authorizes
specific minor variances to zoning standards on specific sites.
(b) Application and review procedures:
(1) Applications for a minor variance shall be made in writing on a form prescribed by the
planning manager.
(2) Applicants shall be notified in writing of incomplete applications within thirty(30)calendar
days of the mailing of said notice. Failure to so respond and complete the application may result in
the application being deemed abandoned, and no further action shall be taken upon it.
(3) All applications for minor variances shall be reviewed by the planning division and
forwarded to other applicable county agencies or departments for review and comments.The review
period shall not exceed fourteen (14) working days. Upon completion of the review period, a
recommendation to either approve or disapprove the request shall be submitted to the Planning
Commission for a decision on the project.The report to the Planning Commission shall include any
recommended conditions of approval.
(4) The Planning Commission shall provide public notice of the proposed project. The notice
shall include a general explanation of the matter being considered,a general description of the area
to be affected and the date and location of the public hearing. The notice shall be given by mail to
the ten(10)closest properties to the subject parcel at least ten(10)calendar days prior to the public
hearing. Said notice shall be mailed to said property owners using the address from the latest
equalized assessment roll of the County of Butte. Failure to receive the notice shall not invalidate
any action on the application.
(c) Approval or disapproval. After holding the public hearing, the Planning Commission, shall
make the findings and approve or deny the project. Approval of a minor variance can be as it was
applied for or in modified form and conditions may be imposed. Minor variances for signs may be
conditioned to expire with the change of copy for the use, be reviewed on a periodic basis or be
required to conform upon change of ownership, and/or shall automatically expire upon any
designated period of time.
(d) Findings. The approving authority shall make the following findings before granting the
permit:
Minor variances from the terms of this chapter shall be granted only when, because of special
circumstances applicable to the property, including size, shape, topography, location or
surroundings, the strict application of this chapter deprives such property of privileges enjoyed by
■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ MARCH-27,2003 ■ PAGE 21 ■
other property in the vicinity and under identical zoning classification. Any variance or adjustment
granted shall be subject to conditions to assure that the deviation thereby authorized shall not
constitute a grant of special privileges inconsistent with the limitations upon other properties in the
vicinity and zone in which such property is situated.
(e) Limitations. The power to grant a minor variance does. not extend to use regulations.
Flexibility to the use regulations is provided in the conditional use and minor use provisions of this
chapter.
The Planning Commission may grant a minor variance,at a maximum reduction of twenty(20)
percent of the prescribed requirements of this chapter with respect to fences, walls, hedges,
screening,or landscaping; width, or depth; front,rear,or side yards, coverage;height of structures;
usable open space,or frontage on a public street or other standard,as the minor variance was applied
for or in modified form, if,on the basis of the application and the evidence submitted,the approving
authority makes findings of fact that establish that the circumstances prescribed in paragraphs (1)
through (6) below do apply:
(1) That there are special circumstances applicable to the property, (size, shape, topography,
location or surroundings) or the intended use of the property and because of this, the strict
application of zoning standards code deprives the property of privileges enjoyed by other properties
in the vicinity under identical zoning classification.
(2) That granting the minor variance or its modification is necessary for the preservation and
enjoyment of a substantial property right possessed by other property in the same vicinity and zone
and denied to the property for which the minor variance is sought.
(3)That granting the minor variance or its modification will not be materially detrimental to the
public health, safety or welfare, or injurious to the property or improvements in such vicinity and
zone in which the property is located.
(4)The granting of this minor variance does not constitute a special privilege inconsistent with
the limitations upon other properties in the vicinity and zone in which such property is situated.
(5) The granting of this minor variance does not allow a use or activity which is prohibited by
the zoning regulation governing the parcel of property.
(6)That granting the minor variance or its modification will not be incompatible with the Butte
County general plan.
(f)Appeals. The appeal procedure for any action taken by the planning commission on a minor
variance request shall be the same as for a use permit as specified in section 24-45.30.
■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ MARCH 27, 2003 ■ PAGE 22 ■
(g) Lapse of minor variance. A minor variance shall lapse and shall become void one (1) year
following the date on which the minor variance became effective, unless prior to the expiration of
one (1) year:
(1) A building permit is issued and construction is commenced and diligently pursued toward
completion on the site which was the subject of the minor variance application; or
(2) A certificate of occupancy is issued for the structure which was the subject of the minor
variance application; or
(3) The site is occupied in accordance with the minor variance, if no building permit or
certificate of occupancy is required.
A minor variance may be renewed for an additional period of up to one (1) year, provided that
sixty (60) calendar days prior to the expiration date, an application for renewal of the variance is
filed with the planning manager on the prescribed form and accompanied by the necessary data and
fees. The approving authority may grant or deny an application for renewal of a minor variance.
SECTION 13. Section 24-210 of the Butte County Code is hereby amended to read as
follows:
24-210 PUD (Planned Unit Development) Zone.
(a) Purpose. The purpose of the Planned Unit Development (PUD) Zone is to allow
diversification in the relationship of various uses, buildings, structures, lot sizes and open
spaces, to encourage and take advantage of opportunities for more integrated, flexible and
superior design than is available through the application of conventional regulation which
anticipates individual lot development. It is the intent of this zone to provide a flexible means
to implement the goals, policies and programs of the Butte County general plan while
ensuring the provision of adequate standards to protect the public health, safety and general
welfare. It is also the purpose of this zone to encourage innovative, high-quality design,
efficient use of land and modern site planning for residential, agriculture, commercial, and
industrial purposes.
(b) Adoption and use limitations. A planned unit development (PUD) zone shall be
established by the adoption of an ordinance by the board of supervisors rezoning the property
■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ MARCH 27, 2003 ■ PAGE 23 ■
to the Planned Unit Development Zone and adopted by reference a land use and development
plan, the provisions of which, together with any other provisions which in the opinion of the
board of supervisors are necessary and included in the ordinance, shall constitute the
regulations for the use, improvement and maintenance of the property within the boundaries
of the zone..Except as hereinafter provided,no use,building,structure or parcel may be made,
created or otherwise altered except as it complies with the ordinance adopted pursuant to this
chapter.
(c) Land use density area. The residential land use density of any planned unit
r
development zone shall not exceed that allowed by the Butte County general plan designation
for the proposed site.
(d) Preapplication conference. Before filing any application for planned unit
development zoning, the prospective applicant is encouraged to submit to the planning
division preliminary plans,sketches and basic site information for consideration and advice as
to the relationship of the proposed development to the applicable general and specific plans
and policies. Other departments and agencies with responsibilities for review, comment or
other regulation of the proposed development may participate at the discretion of the director
of development services, and with the participation of appropriate responsible agencies,
pursuant to section 210800.3 of the Public Resources Code and section 15066 of the
California Environmental Quality Act (CEQA) Guidelines.
(e) Development criteria. In addition to the criteria listed on the attached sheet [of
Ordinance No. 3176], the following items are required:
(1) Each PUD shall, as a minimum, provide off-street parking in accordance with
chapter 24, off-street parking. Additional parking equal to fifty (50) percent of the required
spaces shall be provided unless modified by the director of development services or planning
■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ MARCH 27, 2003 ■ PAGE 24 ■
commission.
(2)In residential PUDs plans shall provide that not less than twenty-five(25)percent
of the residential portion of the project shall be utilized for purposes other than residential
dwellings and paved areas for vehicular uses: No less than forty-five (45) percent of such
twenty-five (25)percent shall be utilized for recreation or park areas available for use by all
residents. The same criteria for open space area shall apply to agricultural PUDs which may
or may not include residential uses.
(3)Each industrial or commercial PUD shall provide that not less than ten(10)percent
of the project shall be developed as landscaped areas.
(4)Each PUD shall obtain tentative clearance from the Butte County health division;
division of environmental health, for sewage disposal and water supply for the project at the
density proposed. Soil tests,drilling of test wells or geologic reports are among the steps that
may be required to provide evidence of sewage disposal capability and water availability for
domestic use.Minimum lot areas for septic systems must comply with section 20-120.1 of the
Butte County subdivision ordinance and appendix VII of the improvement standards for
subdivisions.
Applying for a rezone to PUD. The planned unit development is intended to allow
(�
diversification in the relationship of various uses, buildings, structures, lot sizes and open
spaces while ensuring substantial compliance with the general plan and the intent of the
County Code in requiring adequate standards necessary to satisfy the requirements of public
health, safety and general welfare.
Each application for a rezone.to PUD shall include:
(1) A completed rezoning application,form.
(2) A completed environmental information appendix 'T" form.
■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ MARCH 27,2003 ■ PAGE 25 ■
(3) Copies, as specified in the rezone application, of a preliminary development plan
and a reproducible master, the plan should be drawn to scale and indicate:
a. Proposed use(s) of all land in the subject area.
b. Existing natural land features and topography of the subject area.
c. Circulation plan for all vehicular and pedestrian ways, including typical section of
roadways.
d. Metes and bounds of the subject property.
e. Location and dimensions of all existing structures.
f. Locations of landscaping, parking areas, fire hydrants, street lighting, typical
proposed structures, sewage disposal and water supply systems.
g. Preliminary grading for the development.
(4) A title report which includes a written legal description of the subject area, that
report to be not more than six (6) months old.
(5) A preliminary report on provisions for and location of storm drainage, sewage
disposal and public utilities.
(6) A statement which describes the organization of any proposed homeowners'
association, listing the intended covenants, conditions and restrictions.
(7) 'A statement from the applicant explaining how the proposed development
conforms to, and is consistent with, the general plan.
(8) Include a statement that describes the intended height and bulk of the structures
and their relationship to the surrounding areas.
(9) A statement concerning any proposed phasing of the project, indicating the
sequence and timing of each phase and how each unit would independently constitute
reasonable and orderly development of the area..
■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ MARCH 27,2003 ■ PAGE 26 ■ `
c
w
Additional information may be required by the planning commission or board of
supervisors at the time of any public hearing.
(g) Application. Any application for rezoning to planned unit development shall be
accompanied by a proposed development plan to be reviewed for tentative map approval
pursuant to chapter 20 of the Butte County Code.All applicable fees will be submitted as part
of the application. Such fees will include those required for a tentative subdivision map
application. As to form and content, the proposed development plan map and the review
process shall conform to the requirements of this Code fora tentative map. The director of
development services shall set the application for hearings as in the case of other rezoning and
tentative map applications. After reviewing the recommendations from the planning
commission,the board of supervisors will approve/deny the tentative map at the same hearing
as the PUD rezone is approved/denied. (Ord. No. 3176,,§ 1(Exh. A), 1-24-95)
J
SECTION 14. This Ordinance shall be and it is hereby declared-to be in full
force and effect from and after thirty(30)days after the date of its passage,and before the expiration
of fifteen (15) days after its passage, thi's Ordinance shall be published once with the names of the
members of the Board of Supervisors voting for and against it in the Chico Enterprise Record, a
newspaper published in the County of Butte, State of California.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte,State
of California, on the day of , 2003, by the following vote:
AYES:
NOES:
ABSENT:
NOT VOTING:
BOB BEELER, CHAIR
Butte County Board of Supervisors
ATTEST: PAUL WINTOSH, Chief Administrative Officer and Clerk of the Board
By
■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ MARCH 27,2003 ■ PAGE 27 ■
■ 8Z 9DVd ■ £OOZ `LZ HO-dVW ■ SflLnNiiN ■ NOISSIWWOZ) DNIKNV'1d AJ.,,,1f1Oo fl. in9 •
/ClndaQ
COI:NTY OF BUTTE FIELD NUMBER
�O OVILLE, CALIFORNIA PURCHASE ORDER F 284316
S'
u Paradise Post
P Drawer 70
P Paradise, CA 95967 Issued By Departnt DDS/ Planninq
I
E
R
DATE QNTY INVOICE NUMBER AND DESCRIPTION AMOUNT CHARGE TO W.O.#
3/11/03 PUBLIC HEARING.NOTICE 50 440-001-537
1/8 PAGE DISPLAY AD, DARK BORDER
To be published in the Paradise Post on
Saturday, March 15, 2003 .
Please furnish this office two copies of the affidavit of
publication.
Butte County DDS, ZCA 02-01)
Lynn - 538-7602
Butte County Planning
7 County Center Drive
Oroville, CA 95965
TOTAL ,. ✓
I,the undersigned,hereby certify that,to the best of my knowledge,the services or articles specified above have been performed
or delivered or,where authorized,are hereby contracted for and that there is a Budget Appropriation for the same.
F 284316
Date:.
666 epa ent ea or AUtnonzea beputy
SUPPLIER NO.
DEPT ACCOUNT NO. PROJECT NO. INVOICE NO. INV. DATE ENCUMBRANCE AMOUNT
1
2
3
4
5
6
Submit WHITE,CANARY and PINK to PURCHASING SERVICES with supplier's invoice. Retain GOLDENROD
Ask
DEPARTMENT OF DEVELOPMENT SERVICES
BUTTE COUNTY UNIFORM APPLICATION
A 11111.1 CANT: Agent information to be provided is on page 2
APPLICANT'S NAME: (If application is different fi•om owner an affidavit is required.) ASSESS0 'S PARCEL NUMBER:
c-�rncn� .04 D e clo cs N AADDRESS: STREET,CITY,STATE,&ZIP CODE FILE NUMBER: (FOR OFFICE USE)
Com tr Oras 1 CA 9 S9%oS 2C 0-5-0!Z
NAME OF PROPOSED PROJECT(If any) TELEPHONE:
0 3G S3 - f[Vo
LOCATION OF PROJECT(Major cross streets and Address,if any)
fV /A
GENERAL INFORMATION REQUIRED
OWNER'S NAME: TELEPHONE:
N ( )
ADDR-SS: CITY,STATE,&ZIP CODE:
ZONE GENERAL PLAN EXISTINP LAND USE SITE SIZE(in Square Feet or Acres)
N N N
EXISTING STRUCTURES(in Square Feet)` PROP SED STRUCTURES(in Square Feet)
lv
(Check One) A (Check One) (v
❑ PROPE OPOSED TO BE SEWERED N/r1 ❑ PROPE .13'�t PROPOSED TO BE ON P LI'C WATER
PERTY IS OR PROPOSED TO BE ON SEPTIC ERTY 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 XOTHERZo ,'a%t CdAL h1MMMMM+_
PROJECT.DESCRIPTION
FULL DESCRIPTION OF PROPOSED PROJECT(Attach necessary sheets. If this application is for a land division,describe the number and size
of parcels.)
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 AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND
ACCURATE. (If an agent is to be authorized,execute an affidavit of authorization and include the affidavit with this application.)
DATE: SIGNATURE:
h:1F0RMS%LJN1170RM APPLICATION
Page I of 2
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►:
AGENT AUTHORIZATION
TO: Butte County, Department of Development Services:
Phone Number( ) -
I'rinl Namc
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 Nome Print Name
Signature Signature
Architect and/or Engineer:
Phone Number( )
Print Name of Architect/Engineer
Mailing Address
FOR OFFICE USE ONLY
Verify:
Date Received: Total Amount Received:
❑ AP Number(s) ❑ Legal Description
❑ Owners Authorization ❑ Zoning Requirements
F01
Pr Description ❑ Copies of plot plan
Taken by: Receipt No.
PW/LD Plan E.H. CDF NOD/NOE Fees
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
MLK:\FOIRMS\UN
ke check payable to "Butte County Treasurer".
IFORM APPLICATION
Page 2 of 2
J - 0 •
COUNTY OF BUTTE
ENVIRONMENTAL INFORMATION FORM
(To be completed By Project Applicant) ,
Date Filed MaPC `
1n 'l. Z003
GENERAL INFORMATION:
1. Name and address of owner, and/o. develo er, and/or project sponsor:
.l*t ..1V,A,r bre Ay nc,r►�- O!t .rte or My% 4 -V ices
2. Address of project:
Assessor's Parcel Number: A
3. Name, address, and telephone number of person to be contacted concerning this project:
:TeiMa�nna.�c-
4. List and describe any other related permits and'other public approvals required for this project,
including those required by city, regional, state and federal agencies: N/A
5. Existing general plan designation: NIA
6. Existing zoning district: N/A
7. How is land currently used? -N IA
8. Proposed use of site (Project for which this form is filed): NIA
Project Description:
9. Site size: N 1A (Acres/Sq. Feet)
10. Off-street parking spaces: Full size: NIA Compact: N/A
Total:
11. Plans attached: Yes
12. Proposed development schedule N/A
13. Associated projects
14. Anticipated incremental or phased development N /A
❑ Butte County Department of Development Services ❑ Planning Division ❑
0
iL
Attach description of project containing the following information:
15. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and
type of household size expected.
16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area and loading facilities.
17. If industrial, indicate type, estimated employment per shift, and loading facilities.
18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project.
19. If the project involves a minor variance, conditional use, rezoning application, or any development
permits, state this and indicate clearly why the application is required. If permits have already been
issued, please attach as Exhibit
Are the following items applicable to the project or its effects? Discuss below all items
checked yes. (attach additional sheets as necessary).
YES NO
20. Change in existing features of any hills, buttes, canyons
or substantial alteration of ground contours.
21. Change in scenic views or vistas from existing residential /
areas or public lands or roads. V
22. Change in pattern or character of general area of project.
23. Significant amounts of solid waste or litter.
24. Change in dust, ash, smoke, fumes or odors in vicinity.
25. Change in bay, lake, river, stream or ground water.quality
or quantity, or alteration of.existing drainage-patterns.
26. Substantial change in existing noise or vibration levels
in the vicinity.
27. Site on filled land or on slopes of 10 percent or more.
28. Use of, or disposal of potentially hazardous materials,
such as toxic substances, flammable or explosives. V**
29. Substantial change in demand for municipal services
(police, fire, water, sewage, etc. including special districts).
30. Substantially increase fossil fuel consumption
(electricity, oil, natural gas, etc.). it
31. Relationship to a larger project or series of projects. J�
❑ Butte County Department of Development Services ❑ Planning Division ❑
•
ORDINANCE NO. 3850
1
AN ORDINANCE AMENDING CHAPTER 2, CHAPTER 20, AND CHAPTER 24 OF THE
2 BUTTE COUNTY CODE
3
4 The Board of Supervisors of the County of Butte, State of California, under
5 and pursuant to Section 24.25.40 of the Butte County Code of said County, ORDAINS, as
6 follows:
7 SECTION 1. Section 2-136 of the Butte County Code is hereby amended to
read as follows:
8 2-136 Map application procedures and standards.
9 (a) Land development division and advisory agency functions. Notwithstanding any other
10 provisions in -this Code to the contrary, applications for industrial and commercial parcel
11 maps and subdivision maps pertaining to property within the unincorporated area of the
12 Oroville Enterprise Zone as it is now established by the State of California or as the
13 boundaries thereof may hereafter be lawfully amended, shall be submitted to and processed
by the Oroville Planning Commission and Oroville Development Review Board, which shall
14 act in lieu of the Butte County Department of Development Services, Land Development
15 Division, and Advisory Agency. Appeals from actions of the Oroville Planning Commission
16 with respect to such maps shall be made to the board of supervisors in the same manner and
17 subject to the same county fees as appeals from actions of the Butte County Advisory
18 Agency.
(b) Map application procedures and standards. Such map applications shall be filed with
19
the City of Oroville, subject to the fees and adopted procedures and standards of the city as
20 they now exist or may'exist at the time of such application.Such projects will be subject to
21 city design review requirements and improvement standards, including standards regarding
22 the installation of street trees. However, the zoning regulations applicable to all such maps
23 will be those-specified in the applicable county zoning ordinance, and county sewage disposal
24 requirements shall apply, except as to those projects which connect to a publicly owned,
25 maintained and operated sewage system, in which case the requirements of the public entity
which owns, maintains and operates the sewer system shall apply. Final subdivision maps and
26 1
1 parcel maps shall be submitted to the county surveyor for examination and certification
2 pursuant to Government Code sections 66442 and 66450, respectively. Final subdivision
maps shall be submitted to the board of supervisors for approval.
3
(c) Section not applicable to residential maps. This section is not applicable to residential
4
parcel maps and subdivision maps, which will continue to be processed in accordance with
5 the procedures and standards of the County of Butte.
6 SECTION 2. Section 20-10 of the Butte County Code is hereby amended to
7 read as follows:
8 20-10 Advisory agency.
9 "Advisory agency" means the Butte County Planning Commission charged with the duty
of making investigations and reports on the design and improvement of proposed divisions of
10 real property, the imposing of requirements or conditions thereon, or having the authority
11 under this chapter to approve, conditionally approve or disapprove maps, including reversions
12 to acreage by parcel map, excepting that in the event of subdivision of property pursuant to
13 Government Code chapter 6.7, article 2, section 51119.5, division of and zoned as Timberland
14 Production into parcels of less than one hundred sixty (160) acres, then in that event the board
15
of supervisors is the advisory agency having the authority under this chapter to, with a four-
fifths (4/5) vote, approve, conditionally approve or disapprove maps, including reversions to
16 acreage by parcel map.
17 Notwithstanding any of the above, when a tentative map is submitted in conjunction with
18 a planned unit development, the board of supervisors shall act as the advisory agency for
19 purposes of action on the tentative map.
20 Whenever the board of supervisors acts as the advisory agency, sections 20-66 and 20-106
21 of chapter 20 of the Butte County Code shall be inapplicable.
SECTION 3. Section 20-54 of the Butte County Code is hereby deleted in its
22
entirety.
23 SECTION 4. Section 20-161 of the Butte County Code is hereby amended to
24 read as follows:
25 20-161 Notice of violation. .
26 2
1 Whenever any county department has knowledge that real property may have been
2 divided in violation of the provisions of the Subdivision Map Act or of this chapter, it shall
3 either report such knowledge to the Director of Development Services or shall schedule a
hearing in front of a hearing officer or Planning Commission pursuant to section 20-161.1.
4
Notwithstanding the above, the office of the district attorney shall be exempt from the
5 requirements of this section and section 20-161.1.
6 SECTION 5. Section 20-161.1 of the Butte County Code is hereby amended
7 to read as follows: ,
8 20-161.1 Notice.
9 The county department having such knowledge of the violation or the Director of
Development Services, which after reviewing the report submitted to it by the county
10
department and finding that the circumstances warrant, unless such violation is under
11 investigation and/or prosecution by the office of the district attorney, shall:
12 (1) File with the recorder a notice of intention to record a notice of violation, which notice
13 shall describe the property in detail, naming the owners thereof, describing the violation, and
14 stating that the opportunity will be given to the owner to present evidence.
15 (2) Set for hearing before the Planning Commission the question of whether or not there
has been a division of land in violation of the Subdivision Map Act or this chapter, and
16
whether a notice of violation should be recorded in the office of the county recorder. Upon
17 recording the notice of intention, a copy of the notice shall be sent to the owner of the real
18 property, setting forth the'time, date and place of such hearing, at which the owner may
19 present evidence.
20 (3) Deliver a copy of said notice to the development services, public works and health
21 departments. After such delivery, no permits or approvals shall be issued until a final
determination has been made regarding recordation of a notice of violation.
22
SECTION 6. Section 20-161.2 of the Butte County Code is hereby amended
23 to read as follows:
24 20-161.2 Investigation by district attorney.
25
26 3
1 When violations are under investigation and/or prosecution by the office of the
2 district attorney, if a settlement is not reached and/or a judgment is rendered which
3 does not provide for improvements deemed necessary by the advisory agency, the
4 advisory agency shall proceed pursuant to section 20-161.1.
5
If a settlement is reached and/or judgment is rendered which provides for
6
improvements deemed necessary by the advisory agency and such improvements are
7
8 completed, the advisory agency shall issue and record a certificate of compliance upon
9 application, and payment of the fee set forth by resolution of the board of supervisors,
10 by an owner of a parcel or parcels within the illegally created subdivision. For purposes
11 of this section, all property remaining in the ownership or control of the subdivider
12 shall be deemed merged insofar as possible into the legal parcel or parcels as they
13
existed prior to the illegal subdivision.
14
Pending completion of improvements deemed necessary by the advisory
15
16 agency, upon application of an owner of a parcel or parcels, except for the subdivider,
17 the advisory agency may authorize county departments to issue permits if the advisory
18 agency determines that the development of the property would not be detrimental to the
19 public health or safety. The decision of the advisory agency may be appealed to the
20 board of supervisors pursuant to section 20-172. (Ord. No. 3188, § 1(Exh. A), 3-14-95)
21
SECTION 7. Section 20-162 of the Butte County Code is hereby amended to
22 read as follows:
23. 20-162 Action regarding notice of violation.
24 At the time of said hearing, after hearing the evidence presented by the representative or
25 representatives of the county, the owners of the property, and any other interested persons, the
I
26 4
1 hearing officer or Planning Commission shall determine whether or not the property has been
2 properly divided or has resulted from a division in violation of this chapter or the Subdivision
3 Map Act.
If the owner of the real property has failed to inform the county of his objection to
4
recording the notice of violation, or if the hearing officer or Planning Commission determines
5 that the property has been divided or has resulted from a division in violation of this chapter
6 or of the Subdivision Map Act, the county department or the Planning Commission shall mail
7 a notice so stating to the owner or owners of the property affected as shown on the latest
$ assessment roll, advising them of their right to appeal this decision to the board of supervisors
9 pursuant to section 20-172 and further stating that a notice of violation shall be recorded with
the county recorder containing the information specified in section 66499.36 of the
10
Government Code. The advisory agency shall forward a copy of said notice to the district
11 attorney for possible prosecution. If the hearing officer or Planning Commission determines
12 that no violation has occurred or that.a violation has occurred but has been corrected, the
13 advisory agency shall record a certificate of compliance in a form specified in this chapter,
14 which shall constitute a release of the notice of intention to record a notice of violation.
15 SECTION 8. Section 20-167 of the Butte County Code is hereby amended to
read as follows:
16
20-167 Conditional issuance of certificate of compliance.
17 If the advisory agency determines that such real property does not comply with the
18 provisions of the Subdivision Map Act or of this chapter, but that development of such real
19 property would not be contrary to public health or the public safety, it shall grant a certificate
20 of compliance. In such cases the Planning Commission may, as a condition of granting a
21 certificate of compliance, and in order to protect the public health or the public safety, impose
such conditions as would have been applicable to the division of the property at the time the
22
current owner of record acquired the-property; except that where the applicant was the owner
23 of record at the time of the initial violation of the provisions of this chapter or of local
24 ordinances enacted pursuant thereto who by a grant of the real property created a parcel or
25 parcels in violation of this chapter or local ordinances enacted pursuant thereto, and such
26 5
1 person is the current owner of record of one (1) or more of the parcels which were created as a
2 result of the grant in violation of this chapter or local ordinances enacted pursuant thereto,
3 then the local agency may impose such conditions as would be applicable to a current division
of the property Such conditions may be fulfilled and implemented by the property owner who
4
applied for the certificate or by a grantee of such property owner. If such conditions are not
5 fulfilled or.implemented, the certificate of compliance shall have no force or effect upon any
6 subsequent transfer of the property; and any. subsequent transferee or assignee shall make a
7 new application for a certificate of compliance pursuant to section 20-166; and the advisory
8 agency may impose such conditions as would have been applicable at the time such assignee
or transferee acquired the property.
9
If such conditions are fulfilled to the satisfaction of the advisory agency, the current owner
10 of record may request that a notice of compliance be filed with the Butte County Recorder.
11 Said notice of compliance shall identify the real property and the book and page of the
12 previously recorded certificate of compliance and shall state that the conditions of the
13 certificate of compliance have been fulfilled to the satisfaction of the Planning Commission.
14 SECTION 9. Section 20-173 of the Butte County Code is hereby amended to
read as follows:
15
20-173 Hearing officer.
16 All hearings conducted pursuant to section 20-161.1 to determine whether or not lands
17 have been subdivided in violation of the provisions of this section shall be conducted by the
18 Planning Commission or a hearing officer. The hearing officer shall be appointed by the board
19 of supervisors and shall be reimbursed at the rate of seventy-five dollars ($75.00) per day. The
20 determination of the Planning Commission or the hearing officer shall be final fifteen (15)
21 days after the mailing of the Planning Commission's or the hearing officer's decision unless
an appeal is filed with the board of supervisors pursuant to section 20-66.
22
SECTION 10. Section 20-190 of the Butte County Code is hereby amended to
23 read as follows:
24
20-190 When a reversion to acreage by tentative parcel map may be filed.
25
26 6
1 Proceedings to revert property previously subdivided, which consisted of four
2 (4) or fewer contiguous parcels under the same ownership, may be initiated by petition
3 of the owners of the property.
4
The petition shall be filed with the director of development services.
5
The petition shall conform to the rules of the advisory agency as to form and
6
content. The rules shall require the following to be included in the petition as a
7
8 minimum:
9 (1) Evidence of ownership.
10 (2) Evidence of nonuse or lack of necessity of any streets or easements to be
11 vacated or abandoned.
12
(3) A parcel map in a form prescribed by section 66444 of the Government
13
Code which delineates any streets or easements which are to be left in effect. In
14
15 addition the parcel map shall contain a certificate thereon signed and acknowledged by
16 all parties having any record title interest in the property that the parties consent to the
17 preparation and recordation of the parcel map in accordance with.section 66436 of the
18 Government Code. (Ord. No. 3188, § 1(Exh. A), 3-14-95)
19 SECTION 11. Section 24-41 of the Butte.County Code is hereby amended to
20 read as follows:
21 24-41 Minor use permits.
22 (a) Purpose and intent. The section provides procedures for the preparation, filing,
processing by the planning division, and the approval, approval with conditions, or denial of a
23
discretionary permit that authorizes specific land uses on specific sites. Land uses that require
24
a minor use permit are specified in each individual zoning district.
25 (b) Application and review procedures:
26
7
1 (1) Applications for a minor use pernlit shall be made in writing on a form prescribed by
2 the planning manager.
3 (2) Applicants shall be notified in writing of incomplete applications within thirty (30)
calendar days of the mailing of said notice. Failure to so respond and complete the
4 application, may result in the application being deemed abandoned, and no further action shall
5 be taken upon it.
6 (3) All applications for minor use permits shall be reviewed by the planning division and
7 forwarded to other applicable county agencies or departments for review and comments. The
8 review period shall not exceed fourteen (14) working days. Upon completion of the review
9 P PP PP q
period, a recommendation to either approve or disapprove the request shall be submitted to
the Planning Commission for a decision on the project. The report to the Planning
10 Commission shall include any recommended conditions of approval.
11 (4) The Planning Commission shall provide public notice of the proposed project. The
12 notice shall include a general explanation of the matter being considered, a general
13 description of the area to be affected and the date and location of the public hearing. The
14 notice shall be given by mail to the ten (10) closest properties to the subject parcel at least ten
(10) calendar days.prior to the public hearing. Said notice shall be mailed to said property
15
owners using the address from the latest equalized assessment roll of the County of Butte.
16 Failure to receive the notice shall not invalidate any action on the application.
17 (c) Approval or disapproval. After holding the public hearing, the Planning Commission,
18 shall make the findings and approve or deny the project. Approval of a minor use permit can
lg be as it was applied for or in modified form and conditions may be imposed. Conditions may
20 include, but shall not be limited to, requiring:
(1) Special yards;
21
(2) Open spaces;
22 (3) Buffers;
23 (4) Fences;
24. (5) Walls;
25 (6) Height of buildings, walls or others strictures;
.26 8
1 (7) Installation and maintenance of landscaping;
2 (8) Street dedications, medians, and improvements;
3 (9) Regulations of points of vehicular ingress and egress;
(10) Regulation of traffic circulation;
4
(11) Regulation of signs;
5 (12) Regulation of hours of operation and methods of operations;
6 (13) Control of potential nuisances;
7 (14) The prescription standards for maintenance of building and grounds;
8 (15) Prescription of development schedules and development standards;
(16) Limit the life of the permit;
9
(17) Such other conditions as the Planning Commission may deem necessary to ensure
10 compatibility of the use with surrounding developments and uses and to preserve the public
11 health, safety, and welfare.
12 (d) Findings. The approving authority shall make the following findings before granting
13 the permit;
14 (1) That the proposed location, size, design, and operating characteristics of the proposed
use is in accordance with the purpose of this ordinance [article], the purpose of the zone in
15
which the site is located, the Butte County general plan, and the development policies and
16 standards of the county; and
17 (2) That the location, size, design, and operating characteristics of the proposed use will
18 be compatible with and will not adversely affect or be materially detrimental to adjacent uses,
19 residents, buildings, structures, or natural resources, with consideration given to:
20 a. Harmony in scale, bulk, coverage, and density;
b. The availability of public facilities, services and utilities;
21
c. The harmful effect, if any, upon desirable neighborhood character;
22
d. The generation of traffic and the capacity and physical character of surrounding streets;
23 e. The suitability of the site for the type and intensity of use or development which is
24 proposed;
25 f. Any other relevant impact of the proposed use.
26 9
1 (3) That the proposed location, size, design, and operating characteristics of the proposed
2 use and the conditions under which it would be operated or maintained will not be detrimental
3 to the public health, safety, or welfare, or materially injurious to properties or improvements
in the vicinity.
4
(4) That the proposed use will comply with each of the applicable provisions of the
5 chapter, except for an approved minor variance.
6 (e) Appeals. The appeal procedure for any action taken by the planning commission on a
7 minor use permit request shall be the same as for a use permit as specified in section 24-
8 45.30.
9 (f) Lapse of minor use permit. A minor use permit shall lapse and shall become void one
(1) year following the date on which it was approved, unless prior to the expiration:
10
(1) A building permit is issued and construction is commenced and diligently pursued
11 toward completion on the site which was the subject of the use permit application; or
12 (2) A certificate of occupancy is issued for the structure which was the subject of the
13 minor use permit application; or
14 (3) The site is occupied in accordance with the minor use permit, if no building permit or
15 certificate of occupancy is required; or
(4) The use which was the subject of the minor use permit application is commenced,
16
provided that a minor use permit for a public utility installation may be valid for a longer
17 period if specified by the Planning Commission.
18 A minor use permit subject to lapse may be renewed for an additional period of up to one
19 (1) year, provided that sixty (60) calendar days prior to the expiration date, an application for
20 renewal of the minor use permit is filed with the planning manager on the prescribed form and
21 accompanied by the necessary data and fees.
The approving authority may grant or deny an application for renewal of a minor use
22
permit.
23 The minor use permit shall expire and the permit shall thereafter be of no further force or
24 effect if the use, business, or service for which the minor use permit was issued terminates or
25
26
10
1 ceases operation for a continuous period of time in excess of one hundred eighty (180)
2 calendar days except for:
3 (1) Destruction or damage by acts of God; or
(2) Destruction or damage by malicious acts; or
4
(3) Remodeling or rehabilitation requiring prolonged closure with prior approval of the
5 planning manager.
6 SECTION 12. Section 24-52 of the Butte County Code is hereby amended to
7 read as follows:
8 24-52 Minor variances.
9 (a) Purpose and intent. The section provides procedures for the preparation, filing,
processing by the planning division, and the approval or disapproval of a discretionary permit
10'
that authorizes specific minor variances to zoning standards on specific sites.
11 (b) Application and review procedures:
12 (1) Applications for a minor variance shall be made in writing on a form prescribed by the
13 planning manager.
14 (2) Applicants shall be notified in writing of incomplete applications within thirty (30)
15 calendar days of the mailing of said notice. Failure to so respond and complete the application
may result in the application being deemed abandoned, and no further action shall be taken
16
upon it.
17 (3) All applications for minor variances shall be reviewed by the planning division and
18 forwarded to other applicable county agencies.or departments for review and comments. The
19 review period shall not exceed fourteen (14) working days. Upon completion of the review
20 period; a recommendation to either approve or disapprove the request shall be submitted to
21 the Planning Commission for a decision on the project. The report to the Planning
Commission shall include any recommended conditions of approval.
22
(4) The Planning Commission shall provide public notice of the proposed project. The
23 notice shall include a general explanation of the matter being considered, a general
24 description of the area to be affected and the date and location of the public hearing. The
25 notice shall be given by mail to the ten (10) closest properties to the subject parcel at least ten
26
11
I'
1 (10) calendar days prior to the public hearing. Said notice shall be mailed to said property
2 owners using the address from the latest equalized assessment roll of the County of Butte.
3 Failure to receive the notice shall not invalidate any action on the application.
(c) Approval or disapproval. After holding the public hearing, the Planning Commission,
4
shall make the findings and approve or deny the project. Approval of a minor variance can be
5 as it was applied for or in modified form and conditions may be imposed. Minor variances for
6 signs may be conditioned to expire with the change of copy for the use, be reviewed on a
q periodic basis or be required to conform upon change of ownership, and/or shall automatically
8 expire upon any designated period of time.
9. (d) Findings. The approving authority shall make the following findings before granting
the permit:
10
Minor variances from the terms of this chapter shall be granted only when, because of
11
�
special circumstances applicable to the property, including size shape, topography, location
12 or surroundings, the strict application of this chapter deprives such property of privileges
13 enjoyed by other property in the vicinity and under identical zoning classification. Any
14 variance or adjustment granted shall be subject to conditions to assure that the deviation
15 thereby authorized shall not constitute a grant of special privileges inconsistent with the
limitations upon other properties in the vicinity and zone in which such property is situated.
16
(e) Limitations. The power to grant a minor variance does not extend to use regulations.
17 Flexibility to the use regulations is provided in the conditional use and minor use provisions
18 of this*chapter.
lg . The Planning Commission may grant a minor variance, at a maximum reduction of twenty
20 (20) percent of the prescribed requirements of this chapter with respect to fences, walls,
21 hedges, screening, or landscaping; width, or depth; front, rear, or side yards, coverage; height
of structures; usable open space, or frontage on a public street or other standard, as the minor
22
variance was applied for or in modified form, if, on the basis of the application and the
23 evidence submitted, the approving authority makes findings of.fact that establish that the
24 circumstances prescribed in paragraphs'(1) through (6) below do apply:
25
26
12
1 (1) That there are special circumstances applicable to the property, (size, shape,
2 topography, location or surroundings) or the intended use of the property and because of this,
3 the strict application of zoning standards code deprives the property of privileges enjoyed by
other properties in the vicinity under identical zoning classification.
4
(2) That granting the minor variance or its modification is necessary for the preservation
5 and enjoyment of a substantial property right possessed by other property in the same vicinity
6 and zone and denied to the property for which the minor variance is sought.
7 (3) That granting the minor variance or its modification will not be materially detrimental
8 to the public health, safety or welfare, or injurious to the property or improvements in such
9 vicinity and zone in which the property is located.
(4) The granting of this minor variance does not constitute a special privilege inconsistent
10
with the limitations upon other properties in the vicinity and zone in which such property is
11 situated.
12 (5) The granting of this minor variance does not allow a use or activity which is prohibited
13 by the zoning regulation governing the parcel of property.
14 (6) That granting the minor variance or its modification will not be incompatible with the
15 Butte County general plan.
(f) Appeals. The appeal procedure for any action taken by the planning commission on a
16
minor variance request shall be the same as for a use permit as specified in section 24-45.30.
17 (g) Lapse of minor variance. A minor variance shall lapse and shall become void one (1)
18 year following the date on which the minor variance became effective, unless prior to the
19 expiration of one (1) year:
20 (1) A building permit is issued and construction is commenced and diligently pursued
21 toward completion on the site which was the subject of the minor variance application; or
(2) A certificate of occupancy is issued for the structure which was the subject of the
22
minor variance application; or
23 . (3) The site is occupied in accordance with the minor variance, if no building permit or
24 certificate of occupancy is required.
25
26
13
1 A minor variance may be renewed for an additional period of up to one (1) year, provided
2 that sixty (60) calendar days prior to the expiration date, an application for renewal of the
variance is filed with the planning manager on the prescribed form and accompanied by the
3
necessary data and fees. The approving authority may grant or deny an application for
4
renewal of a minor variance.
5 SECTION 13. Section 24-210 of the Butte County Code is hereby amended to
6 read as follows:
7
24-210 PUD (Planned Unit Development) Zone.
8
9 (a) Purpose. The purpose of the Planned Unit Development (PUD) Zone is to
10 allow diversification in the relationship of various uses, buildings, structures, lot sizes
11 and open spaces, to encourage and take advantage of opportunities for more integrated,
12 flexible and superior design than is available through the application of conventional
13 regulation which anticipates individual lot development. It is the intent of this zone to
14 provide a flexible means to implement the goals, policies and programs of the Butte
15
County general plan while ensuring the provision of adequate standards to protect the
16
17 public health, safety and general welfare. It is also the purpose of this zone to
18 encourage innovative, high-quality design, efficient use of land and modern site
19 planning for residential, agriculture, commercial and industrial purposes.
20 (b) Adoption and use limitations. A planned unit development (PUD) zone shall
21 be established by the adoption of an ordinance by the board of supervisors rezoning the
22
property to the Planned Unit Development Zone and adopted by reference a land use
23
and development plan, the provisions of which, together with any other provisions
24
which in the opinion of the board of supervisors are necessary and included in the
25
26
14
1 ordinance, shall constitute the regulations for the use, improvement and maintenance of
2 the property within the boundaries of the zone. Except as hereinafter provided, no use,
3 building, structure or parcel may be made, created or otherwise altered except as it
4
complies with the ordinance adopted pursuant to this chapter.
5
(c) Land use density area. The residential land use density of any planned unit
6
7 development zone shall not exceed that allowed by the Butte County general plan
8 designation for the proposed site.
g (d) Preapplication conference. Before filing any application for planned unit
10 development zoning, the prospective applicant is encouraged to submit to the planning
11 division preliminary plans, sketches and basic site information for consideration and
12
advice as to the relationship of the proposed development to the applicable general and
13
specific plans and policies. Other departments and agencies with responsibilities for
14
review, comment or other regulation of the proposed development may participate at
15
16 the discretion of the director of development services, and with the participation of
17 appropriate responsible agencies, pursuant to section 210800.3 of the Public Resources
18 Code and section 15066 of the California Environmental Quality Act (CEQA)
19 Guidelines.
20
(e) Development criteria. In addition to the criteria listed on the attached sheet
21
[of Ordinance No. 3176], the following items are required:
22
(1) Each PUD shall, as a minimum, provide off-street parking in accordance
23
24 with chapter 24, off-street parking. Additional parking equal to fifty (50)percent of the
25
26
15
1 required spaces shall be provided unless modified by the director of development
2 services or planning commission.
3 (2) In residential PUDs plans shall provide that not less than twenty-five (25)
4
percent of the residential portion of the project shall be utilized for purposes other than
5
residential dwellings.and paved areas for vehicular uses. No less than forty-five (45)
6
percent of such twenty-five (25) percent shall be utilized for recreation or park areas
7
8 available for use by all residents. The same criteria for open space area shall apply to
g agricultural PUDs which may or may not include residential uses.
10 (3) Each industrial or commercial PUD shall provide that not less than ten (10)
11 percent of the project shall be developed as landscaped areas.
12
(4) Each PUD shall obtain tentative clearance from the Butte County health
13
division, division of environmental health, for sewage disposal and water supply for the
14
15 project at the density proposed. Soil tests, drilling of test wells or geologic reports are
16 among the steps that may be required to provide evidence of sewage disposal capability
17 and water availability for domestic use. Minimum lot areas for septic systems must
18 comply with section 20-120.1 of the Butte County subdivision ordinance and appendix
19 VII of the improvement standards for subdivisions.
20
(f) Applying for a rezone to PUD. The planned unit development is intended to
21
allow diversification in the relationship of various'uses, buildings, structures, lot sizes
22
23 and.open spaces while ensuring substantial compliance with the general plan and the
24 intent of the County Code in requiring adequate standards necessary to satisfy the
25 requirements of public health, safety and general welfare.
26
16
1 Each application for a rezone to PUD shall include:
2 (1) A completed rezoning application form.
3 (2) A completed environmental information appendix "E" form.
4
(3) Copies, as specified in the rezone application, of a preliminary development
5
plan and a reproducible master, the plan should be drawn to scale and indicate:
6
a. Proposed uses)'of all land in the subject area.
7
8 b. Existing natural land features and topography of the subject area.
g c. Circulation plan for all vehicular and pedestrian ways, including typical
10 section of roadways.
11 d. Metes and bounds of the subject property.
12 e. Location and.dimensions of all existing structures.
13
f Locations of landscaping, parking areas, fire hydrants, street lighting, typical
14
15 proposed structures, sewage disposal and water supply systems.
16 g• Preliminary grading for the development.
17 (4) A title report which includes a written legal description of the subject area,
18 that report to be not more than six (6) months old.
19 (5) A preliminary report on provisions for and location of storm drainage,
20
sewage disposal and public utilities.
21
(6) A statement which describes the organization of any proposed homeowners'
22
association, listing the intended covenants, conditions and restrictions.
23
24 (7) A statement from the applicant explaining how the proposed development
25 conforms to, and is consistent with, the general plan.
26 17
1 (8) Include a statement that describes the intended height and bulk of the
2 structures and their relationship to the surrounding areas.
3 (9) A statement concerning any proposed phasing of the project, indicating the
4
sequence and timing of each phase and how each unit would independently constitute
5
reasonable and orderly development of the area.
6
7 Additional information may be required by the planning commission or board
8 of supervisors at the time of any public hearing.
9 (g) Application. Any application for rezoning to planned unit development shall
10 be accompanied by a proposed development plan to be reviewed for tentative map
11 approval pursuant to chapter 20 of the Butte County Code. All applicable fees will be
12
submitted as part of the application. Such fees will include those required for a tentative
13
subdivision map application. As to form and content, the proposed development plan
14.
15 map and the review process shall conform to the requirements of this Code for a
16 tentative map. The director of development services shall set the application for
17 hearings as in the case of other rezoning and tentative map applications. After
18 reviewing the recommendations from the planning commission, the board of
19 supervisors will approve/deny the tentative map at the same hearing as the PUD rezone
20
is approved/denied. (Ord. No. 3176, § 1(Exh. A), 1-24-95)
21
SECTION 14. This Ordinance shall be and it is hereby declared to be in full
22
force and effect from and after thirty (30) days after the date of its passage, and before the
23 expiration of fifteen (15) days after its passage, this Ordinance shall be published once with
24 the names of the members of the Board of Supervisors voting for and against it in the Chico
25 Enterprise Record, a newspaper published in the County of Butte, State of California.
26
18
1 PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State
2 of California, on the 22nd day of April , 2003, by the following vote:
3 AYES: Supervisors Dolan, Houx, Josiassen, Yamaguchi and Chair Beeler
NOES: None '
4 --
ABSENT: None
5 NOT VOTING: None
6 J--�
BOB BEELER, CHAIR
7 Butte County Board of Supervisors
8
ATTEST: PAUL McINTOSH, Chief Administrative Officer and Clerk of the Board
r
9
10 eputy
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26 19
z'4 &ECLARATION OF FEES DUE
(California Fish and Game Code Section 711.4)
NAME AND ADDRESS OF APPLICANT [�
l
Butte County Department of Development.Services _ 8II3
7 County Center Drive °
Oroville, CA 95965
CANDACE 1 GRU RS,OPITE CO.CLERK
DEPUTY
FILING NO.
Project Title/file number: Zoning Code AmendmentZCA 03-02
APN #N/A
CLASSIFICATION OF ENVIRONMENTAL DOCUMENT:
1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION
(X) A. Statutorily or Categorically Exempt
$36.00 Clerk's Documentary Handling Fee
( ) 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. - County Office
Chief Planning Official
By: Yvonne Christopher
Title: Director- Development Services
Lead Agency: Butte County Department of
Development Services
Date: July 8, 2003
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.
• APPENDIX A
NOTICE OF EXEMPTION
TO: _ Office of Planning and Research FROM: Butte County Planning Division
1400 Tenth Street, Room 121 7 County Center Drive
Sacramento, CA 95814 Oroville, CA 95965
X County Clerk
County of Butte
25 County Center Drive
Oroville, CA 95965
Project Title: ZCA 03-02, Zoning Code Amendment
Assessor's Parcel No.: N/A
Applicant: Butte County Department of Development Services, 7 County Center Drive, Oroville, CA 95965
Project Location-Specific: N/A
Project Location-City: N/A Project Location-County: Butte
Description of Nature, Purpose and Beneficiaries of Project: Text amendments to the Administration, Subdivision, and
Zoning Ordinances of the Butte County Code to replace all references to the Development Review Committee as the Advisory
Agency with the Planning Commission. Text amendments are also proposed to replace references to the Planning Manager with
the Planning Commission
Name of Person or Agency Approving Project: Butte County Board of Supervisors
Exempt Status: (Check One)
Ministerial (Sec. 15073)
Declared Emergency (Sec. 15071(a))
Emergency Project(Sec. 15071 (b)and (c))
X Categorical Exemption. State type and section number: 15320
General Rule Exemption
Reasons why project is exempt: Changes in the organization or reorganization of local governmental agencies where the
changes do not change the geographical area in which previously existing powers are exercised
Contact Person: Joe Baker Telephone: (530) 538-7601
If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a notice of exemption been filed by the public agency approving the project?
Yes No
Date Received For Filing:
9 la--
Si ature, Yvoh Christ r
Di ector- Deve}opment ervices
•
BUTTE COUNTY PLANNING COMMISSION
. AGENDA REPORT - MARCH 27, 2003
'Applicant: Butte County Department of G.P.: N/A
Development Services
File#: ZCA 03-02 Zoning: N/A
Request: Amendments to the text of APN: N/A
the Administration,
Subdivisions, and Zoning Location: N/A
Ordinances of the Butte
County Code to replace the Parcel Size: N/A
Development Review
Committee as the Advisory Supervisor
Agency with the Planning District: N/A
Commission
Attachments:
A: Draft Ordinance
STAFF COMMENT:
Staff recommends that the Planning Commission recommend approval to the Board of
Supervisors the proposed text amendments to the Butte County Administration, Subdivisions,
and Zoning Ordinances of the Butte County Code.
PROJECT DESCRIPTION:
This project would eliminate all references to the Development Review Committee (DRC) in
County code and replace it with the Planning Commission. The DRC is the advisory agency that
currently conducts hearings on tentative parcel and subdivision maps, map corrections, map
amendments, certificate of compliances; and map time extensions. The DRC consists of two
Planning Commissioners, and representatives from the Fire Department, Planning Division,
Public Works Department, Environmental Health Division, and Agricultural Commissioner's
Office. The primary reason for eliminating the DRC as the advisory agency is that the majority
of the DRC members are also staff, and there is the potential for conflict of interest for a staff
member acting in the dual role as a decision maker on the DRC.
The project would also eliminate reference to the Planning Manager in the Minor Use Permit and
Minor Variance sections of the Zoning Code. Currently, the Planning Manger holds public
hearings on these two types of projects and then makes a recommendation to the Planning
Commission, which is placed on the Commission's consent agenda. The Planning Manager
hearing process was implemented to speed up the time it took to get projects to hearing.
0 Butte County Planning Commission 0 Agenda Report ■ Page 1 0 9
However, practice has shown that this procedure increases the time it takes to get the project to
the Planning Commission, with a corresponding increase in staff processing time. Elimination of
the Planning Manager as a hearing body would allow minor use permit and minor variance
projects to go before the Planning Commission faster than what occurs now.
ANALYSIS:
Replacement of the Development Review Committee with the Planning Commission would
eliminate the concerns over conflict of interests that currently exist with the current hearing
process. Approval of the proposed text changes to County Code would allow the Planning
Commission to hear all land use projects, greatly improving the overall planning process in Butte
County.
ZONING CODE TEXT AMENDMENTS:
The following changes to County Code are proposed to reflect the replacement, of the
Development Review Committee as the advisory agency with the Planning Commission. Items
that have been added are in bold italics and items that are deleted are
Changes to section 2-136
This section of County Code refers to the Oroville Enterprise Zone. The Development Review
Committee is referred to several times in this section, and the proposed text change would delete
these references. The word "Oroville" is added to section (a) to make clear that it is the City of
Oroville Development Review Board that acts on parcel and subdivision maps in the Oroville
Enterprise Zone area. The following are the proposed changes for Section 2-136:
2-136 Map application procedures and standards.
(a) Land development division; and advisory agency and 41,;xf-In
functions. Notwithstanding any other provisions in this Code to the Contrary, applications for
industrial and commercial parcel maps and subdivision maps pertaining to property within the
unincorporated area of the Oroville Enterprise Zone as it is now established by the State of
California or as the boundaries thereof may hereafter be lawfully amended, shall be submitted to
and processed by the Oroville Planning Commission and Oroville Development Review Board,
which shall act in lieu of the Butte County Department of Development Services. Land
Development Division, and Advisory Agency . Appeals
from actions of the Oroville Planning Commission with respect to such maps shall be made to
the board of supervisors in the same manner and subject to the same county fees as appeals from
actions of the Butte County Advisory Agency.
(b) Map application procedures and standards. Such map applications shall be filed with the
City of Oroville, subject to the fees and adopted procedures and standards of the city as they now
exist or may exist at the time of such application. Such projects will be subject to city design
review requirements and improvement standards, including standards regarding the installation
of street trees. However, the zoning regulations applicable to all such maps will be those
specified in the applicable county zoning ordinance, and county sewage disposal requirements
shall apply, except as to those projects which connect to a publicly owned, maintained and
0 Butte County Planning Commission ■ Agenda Report ■ Page 2 0
operated sewage system, in which case the requirements of the public entity which owns,
maintains and operates the sewer system shall apply. Final subdivision maps and parcel maps
shall be submitted to the county surveyor for examination and certification pursuant to
Government Code sections 66442 and 66450, respectively. Final subdivision maps shall be
submitted to the board of supervisors for approval.
(c) Section not applicable to residential maps. This section is not applicable to residential
parcel maps and subdivision maps, which will continue to be processed in accordance with the
procedures and standards of the County of Butte. (Ord. No. 3016, § 1, 6-23-92)
Changes to Section 20-10
This section of County Code refers to the Advisory agency. The Development Review
Committee is referred to once in this section, which would be replaced with Planning
Commission. The following is the proposed change for Section 20-10:
20-10 Advisory agency.
"Advisory agency" means the Butte County Planning Commission deNlejopfflent
gommittee charged with the duty of making investigations and reports on the design and
improvement of proposed divisions of real property, the imposing of requirements or conditions
thereon, or having the authority under this chapter to approve, conditionally approve or
disapprove maps, including reversions to acreage by parcel map, excepting that in the event of
subdivision of property pursuant to Government Code chapter 6.7, article 2, section 51119.5,
division of and zoned as Timberland Production into parcels of less than one hundred sixty (160)
acres, then in that event the board of supervisors is the advisory agency having the authority
under this chapter to, with a four-fifths (4/5) vote, approve, conditionally approve or disapprove
maps, including reversions to acreage by parcel map.
Notwithstanding any of the above, when a tentative map is submitted in conjunction with a
planned unit development, the board of supervisors shall act as the advisory agency for purposes
of action on the tentative map.
Whenever the board of supervisors acts as the advisory agency, sections 20-66 and 20-106 of
chapter 20 of the Butte County Code shall be inapplicable. (Ord. No. 3188, § 1(Exh. A), 3-14-95)
Section 20-54
Section 20-54 refers to the composition of the Development Review Committee members. This
section would be deleted in,its entirety because the Development Review Committee would be
eliminated.
20-54 Deleted Development review committee.
> >
■ Butte County Planning Commission ■ Agenda Report 0 Page 3 0
Changes to Section 20-161
This section of County Code refers to notice of violations. The Development Review Committee
is referred to once in this section, and the proposed text change would replace this reference with
Director of Development Services. The following is the proposed change for Section 20-161:
20-161 Notice of violation.
Whenever any county department has knowledge that real property may have been divided in
violation of the provisions of the Subdivision Map Act or of this chapter, it shall either report
such knowledge to the d@v@1opmentDirector of Development Services or
allutKWIshall schedule a hearing in front of a hearing officer pursuant yto section 20-161.1.
Notwithstanding the above, the office of the district attorney shall be exempt from the
requirements of this section and section 20-161.1. (Ord. No. 3188, § 1(Exh. A), 3-14-95)
Changes to Section 20-161.1
This section of County Code refers to the noticing requirements for a notice of violation. The
Development Review Committee is referred to twice in this section, and the proposed text
change would replace these references as noted below. The following is the proposed change for
Section 20-161.1:
20-161.1 Notice.
The county department having such knowledge of the violation or the
Director of Development Services, which after reviewing the report submitted to it by
the county department and finding that the circumstances warrant, unless such violation is under
investigation and/or prosecution by the office of the district attorney, shall:
(1) File with the recorder a notice of intention to record a notice of violation, which notice
shall describe the property in detail, naming the owners thereof, describing the violation, and
stating that the opportunity will be given to the owner to present evidence.
(2) Set for hearing before the Planning Commission the
question. of whether or not there has been a division of land in violation of the Subdivision Map
Act or this chapter, and whether a notice of violation should be recorded in the office of the
county recorder. Upon recording the notice of intention, a copy of the notice shall be sent to the
owner of the real property, setting forth the time, date and place of such hearing, at which the
owner may present evidence.
(3) Deliver a copy of said notice to the development services, public works and health
departments. After such delivery, no permits or approvals shall be issued until a final
determination has been made regarding recordation of a notice of violation. (Ord. No. 3188, §
1(Exh. A), 3-14-95)
Section 20-162
The Development Review Committee is referred to fours times in this section, and would be
replaced with Planning Commission in each instance. The following is the proposed change for
Section 20-162:
0 Butte County Planning Commission ■ Agenda Report ■ Page 4 0
20-162 Action regarding notice of violation.
At the time of said hearing, after hearing the evidence presented by the representative or
representatives of the county, the owners of the property, and any other interested persons, the
hearing officer or Planning Commission shall determine
whether or not the property has been properly divided or has resulted from a division in violation
of this chapter or the Subdivision Map Act.
If the owner of the real property has failed to inform the county of his objection to recording
the notice of violation, or if the hearing officer or Planning Commission
determines that the property has been divided or has resulted from a division in
violation of this chapter or of the Subdivision Map Act, the county department or the Planning
Commission deveWpmew shall mail a notice so stating to the owner or
owners of the property affected as shown on the latest assessment roll, advising them of their
right to appeal this decision to the board of supervisors pursuant to section 20-172 and further
stating that a notice of violation shall be recorded with the county recorder containing the
information specified in section 66499.36 of the Government Code. The advisory agency shall
forward a copy of said notice to the district attorney for possible prosecution. If the hearing
officer or Planning Commission developm@P determines that no violation
has occurred or that a violation has occurred but has been corrected, the advisory agency shall
record a certificate of compliance in a forni specified in this chapter, which shall constitute a
release of the notice of intention to record a notice of violation. (Ord. No. 3188, § 1(Exh. A), 3-
14-95)
Changes to Section 20-167
This section of County Code refers to issuance of certificate of compliances. The Development
,Review Committee is referred to once in this section, which would be replaced with Planning
Commission. Additionally, the word "committee" found in the second sentence would be
replaced with "Planning Commission." The following is the proposed change for Section 20-
167:
20-167 Conditional issuance of certificate of compliance.
If the advisory agency determines that such real property does not comply with the
provisions of the Subdivision Map Act or of this chapter, but that development of such real
property would not be contrary to public health or the public safety, it shall grant a certificate of
compliance. In such cases the Planning Commission may, as a condition of granting
a certificate of compliance, and in order to protect the public health or the public safety, impose
such conditions as would have been applicable to the division of the property at the time the
current owner of record acquired the property; except that where the applicant was the owner of
record at the time of the initial violation of the provisions of this chapter or of local ordinances
enacted pursuant thereto who by a grant of the real property created a parcel or parcels in
violation of this chapter or local ordinances enacted pursuant thereto, and such person is the
current owner of record of one (1) or more of the parcels which were created as a result of the
grant in violation of this chapter or local ordinances enacted pursuant thereto, then the local
agency-may impose such conditions as would be applicable to a current division of the property
Such conditions-may be fulfilled and implemented by the property owner who applied for the
certificate or by a grantee of such property owner. If such conditions are not fulfilled or
■ Butte County Planning Commission 0 Agenda Report ■ Page 5 0
implemented, the certificate of compliance shall have no force or effect upon any subsequent
transfer of the property; and any subsequent transferee or assignee shall make a new application
for a certificate of compliance pursuant to section 20-166; and the advisory agency may impose
such conditions as would have been applicable at the time such assignee or transferee acquired
the property.
If such conditions are fulfilled to the satisfaction of the advisory agency, the current owner of
record may request that a notice of compliance be filed with the Butte County Recorder. Said
notice of compliance shall identify the real property and the book and page of the previously
recorded certificate of compliance and shall state that the conditions of the certificate of
compliance have been fulfilled to the satisfaction of the Planning Commission deveWpffient
(Ord. No. 3188, § 1(Exh. A), 3-14-95)
Changes to Section 20-173
This section of County Code refers to the hearing officer acting on notice of violations. The
hearing officer procedure has never been utilized, and changes to this section would allow the
Planning Commission to hold hearings on notice of violations. The following are the proposed
changes to Section 20-173:
20-173 Hearing officer.
All hearings conducted pursuant to section 20-161.1 to determine whether or not lands have
been subdivided in violation of the provisions of this section shall be conducted by the Planning
Commission or a hearing officer. The hearing officer shall be appointed by the board of
supervisors and shall be reimbursed at the rate of seventy-five dollars ($75.00) per day. The
determination of the Planning Commission or the hearing officer shall be final fifteen (15) days
after the mailing of the Planning Commission's or the hearing officer's decision unless an
appeal is filed with the board of supervisors pursuant to section 20-66. (Ord. No. 3188, § 1(Exh.
A), 3-14-95)
Changes to Section 24-41
This section of County Code refers to the minor use permit application process. The Planning
Manager is referred to a number of times in this section, which would be replaced with Planning
Commission in each instance. This proposed text changes would eliminate the Planning
Manager from the minor use permit process. The following are the proposed changes for Section
24-41:
24-41 Minor use permits.
(a) Purpose and intent. The section provides procedures for the preparation, filing,
processing by the planning division, and the approval, approval with conditions, or denial of a
discretionary permit that authorizes specific land uses on specific sites. Land uses that require a
minor use permit are specified in each individual zoning district.
(b) Application and review procedures:
(1) Applications for a minor use permit shall be made in writing on a form prescribed by the
planning manager.
■ Butte County Planning Commission 0 Agenda Report 0 Page 6 0
i
(2) Applicants shall be notified in writing of incomplete applications within thirty (30)
calendar days of the mailing of said notice. Failure to so respond and complete the application,
may result in the application being deemed abandoned, and no further action shall be taken upon
(3) All applications for minor use permits shall be reviewed by the planning division and
forwarded to other applicable county agencies or departments for review and comments. The
review period shall not exceed fourteen (14) working days. Upon completion of the review
period, a recommendation to either approve or disapprove the request shall be submitted to the
planning Planning Commission for a decision on the project. The report to the
pianfling M Planning Commission shall include any recommended conditions of
approval.
(4) The planning mam, Planning Commission shall provide public notice of the proposed
project. The notice shall include a general explanation of the matter being considered, a general
description of the area to be affected and the date and location of the public hearing. The notice
shall be given by mail to the ten (10) closest properties to the subject parcel at least ten (10)
calendar days prior to the public hearing. Said notice shall be mailed to said property owners
using the address from the latest equalized assessment roll of the County of Butte. Failure to
receive the notice shall not invalidate any action on the application.
(c) Approval or disapproval. After holding the public hearing, the pianning
Planning Commission, shall make the findings
and approve or deny the project b . Approval of a minor use permit
can be as it was applied for or in modified forni and conditions may be imposed. Conditions
may include, but shall not be limited to, requiring:
(1) Special yards;
(2) Open spaces;
(3) Buffers;
(4) Fences;
(5) Walls;
(6) Height of buildings, walls or others structures;
(7) Installation and maintenance of landscaping;
(8) Street dedications, medians, and improvements;
(9)Regulations of points of vehicular ingress and egress;
(10) Regulation of traffic circulation;
(11) Regulation of signs;
(12) Regulation of hours of operation and methods of operations;
(13) Control of potential nuisances;
(14) The prescription standards for maintenance of building and grounds;
(15) Prescription of development schedules and development standards;
(16) Limit the life of the permit;
(17) Such other conditions as the planning m Planning Commission may deem
necessary to ensure compatibility of the use with surrounding developments and uses and to
preserve the public health, safety, and welfare.
O b
0 Butte County Planning Commission ■ Agenda Report ■ Page 7 0
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(d) Findings. The approving authority shall make the following findings before granting the
permit;
(1) That the proposed location, size, design, and operating characteristics of the proposed use
is in accordance with the purpose of this ordinance [article], the purpose of the zone in which the
site is located, the Butte County general plan, and the development policies and standards of the
county; and
(2) That the location, size, design, and operating characteristics of the proposed use will be
compatible with and will not adversely affect or be materially detrimental to adjacent uses,
residents, buildings, structures, or natural resources, with consideration given to:
a. Harmony in scale, bulk, coverage, and density;
b. The availability of public facilities, services and utilities;
c. The harmful effect, if any, upon desirable neighborhood character;
d. The generation of traffic and the capacity and physical character of surrounding streets;
e. The suitability of the site, for the type and intensity of use or development which is
proposed;
f. Any other relevant impact of the proposed use.
(3) That the proposed location, size, design, and operating characteristics of the proposed use
and the conditions under which it would be operated or maintained will not be detrimental to the
public health, safety, or welfare, or materially injurious to properties or improvements in the
vicinity.
(4) That the proposed use will comply with each of the applicable provisions of the chapter,
except for an approved minor variance.
(e) Appeals. The appeal procedure for any action taken by the planning commission on a
minor use permit request shall be the same as.for a use permit as specified in section 24-45.30.
(f) Lapse of minor use permit. A minor use permit shall lapse and shall become void one (1)
year following the date on which it was approved, unless prior to the expiration:
(1) A building permit is issued and construction is commenced and diligently pursued toward
completion on the site which was the subject of the use permit application; or
(2) A certificate of occupancy is issued for the structure which was the subject of the minor
use permit application; or
(3) The site is occupied in accordance with the minor use permit, if no building permit or
certificate of occupancy is required; or
(4) The use which was the subject of the minor use permit application is commenced,
provided that a minor use permit for a public utility installation may be valid for a longer period
if specified by the Planning Commission.
A minor use permit subject.to lapse may be renewed for an additional period of up to one (1)
year, provided that sixty (60) calendar days prior to the expiration date, an application for
renewal of the minor use permit is filed with the planning manager on the prescribed form and
accompanied by the necessary data and fees.
The approving authority may grant or deny an application for renewal of a minor use permit.
The minor use permit shall expire and the permit shall thereafter be of no further force or
effect if the use, business, or service for which the minor use permit was issued terminates or
0 Butte County Planning Commission 0 Agenda Report 0 Page 8 ■
ceases operation for a continuous period of time in excess of one hundred eighty (180) calendar
days except for:
(1) Destruction or damage by acts of God; or
(2) Destruction or damage by malicious acts; or
(3) Remodeling or rehabilitation requiring prolonged closure with prior approval of the
planning manager. (Ord. No. 3176, § 1(Exh. A), 1-24-95)
Changes to Section 24-52
This section of County Code refers to the minor variance application process. The Planning
Manager is referred to a number of times in this section, which would be replaced with Planning
Commission in each instance. This proposed text changes would eliminate the Planning
Manager from the minor variance process. The following are the proposed changes for Section
24-52:
24-52 Minor variances.
(a) Purpose and intent. The section provides procedures for the preparation, filing, processing
by the planning division, and the approval or disapproval of a discretionary permit that
authorizes specific minor variances to zoning standards on specific sites.
(b) Application and review procedures:
1 A lications for a minor variance shall be made in writing on a form prescribed b the
( ) PP g p Y
planning manager.
(2) Applicants shall be notified in writing of incomplete applications within thirty (30)
calendar days of the mailing of said notice. Failure to so respond and complete the application
may result in the application being deemed abandoned, and no further action shall be taken upon
it.
(3) All applications for minor variances shall be reviewed by the planning division and
forwarded to other applicable county agencies or departments for review and comments. The
review period shall not exceed fourteen (14) working days. Upon completion of the review
period, a recommendation to either approve or disapprove the request shall be submitted to the
Planning Commission for a decision on the project. The report to the
Planning Commission shall include any recommended conditions of
approval.
(4) The planning Planning Commission shall provide public notice of the proposed
project. The notice shall include a general explanation of the matter being considered, a general
description of the area to be affected and the date and location of the public hearing. The notice
shall be given by mail to the ten (10) closest properties to the subject parcel at least ten (10)
calendar days prior to the public hearing. Said notice shall be mailed to said property owners
using the address from the latest equalized assessment roll of the County of Butte. Failure to
receive the notice shall not invalidate any action on the application.
(c) Approval or disapproval. After holding the public hearing, the
Planning Commission, shall make the findings
and approve or deny the project te dflo plalwi Approval of a minor variance can
be as it was applied for or in modified form and conditions may be imposed. Minor variances for
signs may be conditioned to expire with the change of copy for the use, be reviewed on a
0 Butte County Planning Commission ■ Agenda Report ■ Page 9 0
periodic basis or be required to conform upon change of ownership, and/or shall automatically
expire upon any designated period of time.
0 0
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(d) Findings. The approving authority shall make the following findings before granting the
permit:
Minor variances from the terms of this chapter shall be granted only when, because of
special circumstances applicable to the property, including size, shape, topography, location or
surroundings, the strict application of this chapter deprives such property of privileges enjoyed
by other property in the vicinity and under identical zoning classification. Any variance or
adjustment granted shall be subject to conditions to assure that the deviation thereby authorized
shall not constitute a grant of special privileges inconsistent with the limitations upon other
properties in the vicinity and zone in which such property is situated.
(e) Limitations. The power to grant a minor variance does not extend to use regulations.
Flexibility to the use regulations is provided in the conditional use and minor use provisions of
this chapter.
The planning Planning Commission may grant a minor variance, at a maximum
reduction of twenty (20) percent of the prescribed requirements of this chapter with respect to
fences, walls, hedges, screening, or landscaping; width, or depth; front, rear, or side yards,
coverage; height of structures; usable open space, or frontage on a public street or other standard,
as the minor variance was applied for or in modified form, if, on the basis of the application and
the evidence submitted, the approving authority makes findings of fact that establish that the
circumstances prescribed in paragraphs (1) through (6) below do apply:
(1) That there are special circumstances applicable to the property, (size, shape, topography,
location or surroundings) or the intended use of the property and because of this, the strict
application of zoning standards code deprives the property of privileges enjoyed by other
properties in the vicinity under identical zoning classification.
(2) That granting the minor variance or its modification is necessary for the preservation and
enjoyment of a substantial property right possessed by other property in the same vicinity and
zone and denied to the property for which the minor variance is sought.
(3) That granting the minor variance or its modification will not be materially detrimental to
the public health, safety or welfare, or injurious to the property or improvements in such vicinity
and zone in which the property is located.
(4) The granting of this minor variance does not constitute a special privilege inconsistent
with the limitations upon other properties in the vicinity and zone in which such property is
situated.
(5) The granting of this minor variance does not allow a use or activity which is prohibited
by the zoning regulation governing the parcel of property.
(6) That granting the minor variance or its modification will not be incompatible with the
Butte County general plan.
■ Butte County Planning Commission ■ Agenda Report ■ Page 10 ■
(f) Appeals. The appeal procedure for any action taken by the planning commission on a
minor variance request shall be the same as for a use permit as specified in section 24-45.30.
(g) Lapse of minor variance. A minor variance shall lapse and shall become void one (1) year
following the date on which the minor variance became effective, unless prior to the expiration
of one (1) year:
(1) A building permit is issued and construction is commenced and diligently pursued toward
completion on the site which was the subject of the minor variance application; or
(2) A certificate of occupancy is issued for the structure which was the subject of the minor
variance application; or
(3) The site is occupied in accordance with the minor variance, if no building permit or
certificate of occupancy is required.
A minor variance may be renewed for an additional period of up to one (1) year, provided
that sixty (60) calendar days prior to the expiration date, an application for renewal of the
variance is filed with the planning manager on the prescribed form and accompanied by the
necessary data and fees. The approving authority may grant or deny an application for renewal of
a minor variance. (Ord. No. 3176, § 1(Exh. A), 1-24-95)
ENVIRONMENTAL DOCUMENTATION:
This project is categorically exempt from the requirements of the California Environmental
Quality Act (CEQA) under section 15320 (Class 20). Class 20 exemption consists of changes in
the organization or reorganization of local governmental agencies where the changes do not
change-the geographical area in which previously existing powers are exercised. This project
does not change the boundary of any jurisdictional district. The proposed text changes to the
Butte County Code would not cause any changes to the environment.
ACTION FOR CONSIDERATION:
Staff recommends that the Planning Commission take the following actions:
I. Recommend to the Board of Supervisors that they find this project is exempt from
environmental review pursuant to the California Environmental Quality Act (CEQA)
under Section 15320 (Changes in Organization of Local Agencies) of CEQA. This
exemption allows changes in the organization or reorganization of local governmental
agencies where the changes do not change the geographical area in which previously
existing powers are exercised.
11. Recommend to the Board of Supervisors approval of an Ordinance amending the text of
the Administration, Subdivisions, and Zoning Ordinances of the Butte County Code,
subject to the following findings:
A. Replacing the Development Committee with the Planning Commission as the
Advisory Agency would eliminate the potential for conflict of interest that exists
now with the Development Review Committee.
0 Butte County Planning Commission 0 Agenda Report ■ Page 11 E.
B. Replacing the Planning Manager with the Planning Commission to directly hear
minor use permit and minor variance applications will reduce the time it currently
takes to get this type of permit to a public hearing.
C. The text amendments are consistent with the Goals and Policies of the Butte
County General Plan.
k:\projects\zca\dre\dre agenda report.doc
Butte County Planning Commission-0 Agenda Report N Page 12 0
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 2, CHAPTER 20, AND CHAPTER 2.4 OF THE
BUTTE COUNTY CODE
The Board of Supervisors of the County of Butte, State of California, under and
pursuant to Section 24.25.40 of the Butte County Code of said County, ORDAINS, as follows:
SECTION 1. Section 2-136 of the Butte County Code is hereby amended to read
as follows:
2-136 Map application procedures and standards.
(a) Land development division and advisory agency functions. Notwithstanding any other
provisions in this Code to the contrary, applications for industrial and commercial parcel maps
and subdivision maps pertaining to property within the unincorporated area of the Oroville
Enterprise Zone as it is now established by the State of California or as the boundaries thereof
may hereafter be lawfully amended, shall be submitted to and processed by the Oroville Planning
Commission and Oroville Development Review Board, which shall act in lieu of the Butte
County Department of Development Services; Land Development Division. and Advisory
Agency. Appeals from actions of the Oroville Planning Commission with respect to such maps
shall be made to the board of supervisors in the same manner and subject to the same county fees
as appeals from actions of the Butte County Advisory Agency.
(b) Map application procedures and standards. Such map applications shall be filed with the
City of Oroville, subject to the fees and adopted procedures and standards of the city as they now
exist or may exist at the time of such application. Such projects will be subject to city design
review requirements and improvement standards, including standards regarding the installation
of street trees. However, the zoning regulations applicable to all such maps will be those
specified in the applicable county zoning ordinance, and county sewage disposal requirements
shall apply, except as to those projects which connect to a publicly owned, maintained and
operated sewage system, in which case the requirements of the public entity which owns,
maintains and operates the sewer system shall apply. Final subdivision maps and parcel maps
shall be submitted to the county surveyor for examination and certification pursuant to
0 Butte County Planning Commission 0 Agenda Report 0 Page 13 0
Government Code sections 66442 and 66450, respectively. Final subdivision maps shall be
submitted to the board of supervisors for approval.
(c) Section not applicable to residential maps. This section is not applicable to residential
parcel maps and subdivision snaps, which will continue to be processed in accordance with the
procedures and standards of the County of Butte.
SECTION 2. Section 20-10 of the Butte County Code is hereby amended to read
as follows:
20-10 Advisory agency.
"Advisory agency" means the Butte County Planning Commission charged with the duty of
making investigations and reports on the design and improvement of proposed divisions of real
property, the imposing of requirements or conditions thereon, or having the authority under this
chapter to approve, conditionally approve or disapprove maps, including reversions to acreage by
parcel map, excepting that in the event of subdivision of property pursuant to Government Code
chapter 6.7, article 2, section 51119.5, division of and zoned as Timberland Production into
parcels of less.than one hundred sixty (160) acres, then in that event the board of supervisors is
the advisory agency having the authority under this chapter to; with a four-fifths (4/5) vote,
approve, conditionally approve or disapprove maps, including reversions to acreage by parcel
map.
Notwithstanding any of the above, when a tentative map is submitted in conjunction with a
planned unit development, the board of supervisors shall act as the advisory agency for purposes
of action on the tentative map.
Whenever the board of supervisors acts as the advisory agency, sections 20-66 and 20-106 of
chapter 20 of the Butte County Code shall be inapplicable.
SECTION 3. Section 20-54 of the Butte County Code is hereby deleted in its
entirety..
SECTION 4. Section 20-161 of the Butte County Code is hereby amended to
read as follows:
20-161 Notice of violation.
Whenever any county department has knowledge that real property may have been divided in
violation of the provisions of the Subdivision Map Act or of this chapter, it shall either report
such knowledge to the Director of Development Services or shall schedule a hearing in front of a
0 Butte County Planning Commission 0 Agenda Report 0 Page 14 0
hearing officer pursuant to section 20-161.1. Notwithstanding the above, the office of the district
attorney shall be exempt from the requirements of this section and section 20-161.1.
SECTION 5. Section 20-161.1 of the Butte County Code is hereby amended to
read as follows:
20-161.1 Notice.
The county department having such knowledge of the violation or the Director of
Development Services, which after reviewing the report submitted to it by the county department
and finding that the circumstances warrant, unless such violation is under investigation and/or
prosecution by the office of the district attorney, shall:
(1) File with the recorder a notice of intention to record a notice of violation, which notice
shall describe the property in detail, naming the owners thereof, describing the violation, and
stating that the opportunity will be given to the owner to present evidence.
(2) Set for hearing before the Planning Commission the question of whether or not there has
been a division of land in violation of the Subdivision Map Act or this chapter, and whether a
notice of violation should be recorded in the office of the county recorder. Upon recording the
notice of intention, a copy of the notice shall be sent to the owner of the real property, setting
forth the time, date and place of such hearing, at which the owner may present evidence.
(3) Deliver a copy of said notice to the development services, public works and health
departments. After such delivery, no permits or approvals shall be issued until a final
determination has been made regarding recordation of a notice of violation.
SECTION 6. Section 20-162 of the Butte County Code is hereby amended to
read as follows:
20-162 Action regarding notice of violation.
At the time of said hearing, after hearing the evidence presented by the representative or
representatives of the county, the owners of the property, and any other interested persons, the
hearing officer or Planning Commission shall determine whether or not the property has been
properly divided or has resulted from a division in violation of this chapter or the Subdivision
Map Act.
If the owner of the real property has failed to inform the county of his objection to recording
the notice of violation, or if the hearing officer or Planning Commission determines that the
property has been divided or has resulted from a division in violation of this chapter or of the
0 Butte County Planning Commission 0 Agenda Report 0 Page 15 0
Subdivision Map Act, the county department or the Planning Commission shall mail a notice so
stating to the owner or owners of the property affected as shown on the latest assessment roll,
advising them of their right to appeal this decision to the board of supervisors pursuant to section
20-172 and further stating that a notice of violation shall be recorded with the county recorder
containing the information specified in section 66499.36 of the Government Code. The advisory
agency shall forward a copy of said notice to the district attorney for possible prosecution. If the
hearing officer or Planning Commission determines that no violation has occurred or that a
violation has occurred but has been corrected, the advisory agency shall record a certificate of
compliance in a form specified in this chapter, which shall constitute a release of the notice of
intention to record a notice of violation.
SECTION 7. Section 20-167 of the Butte County Code is hereby amended to
read as follows:
20-167 Conditional issuance of certificate of compliance.
If the advisory agency determines that such real property does not comply with the
provisions of the Subdivision Map Act or of this chapter, but that development of such real
property would not be contrary to public health or the public safety, it shall grant a certificate of
compliance. In such cases the Planning Commission may, as a condition of granting a certificate
of compliance, and in order to protect the public health or the public safety, impose such
conditions as would have been applicable to the division of the property at the time the current
owner of record acquired the property; except that where the applicant was the owner of record
at the time of the initial violation of the provisions of this chapter or of local ordinances enacted
pursuant thereto who by a grant of the real property created a parcel or parcels in violation of this
chapter or local ordinances enacted pursuant thereto, and such person is the current owner of
record of one (1) or more of the parcels which were created as a result of the grant in violation of
this chapter or local ordinances enacted pursuant thereto, then the local agency may impose such
conditions as would be applicable to a current division of the property Such conditions may be
fulfilled and implemented by the property owner who applied for the certificate or by a grantee
of such property owner. If such conditions are not fulfilled or implemented, the certificate of
compliance shall have no force or effect upon any subsequent transfer of the property; and any
subsequent transferee or assignee shall make a new application for a certificate of compliance
■ Butte County Planning Commission ■ Agenda Report ■ Page_16 ■
pursuant to section 20-166; and the advisory agency may impose such conditions as would have
been applicable at the time such assignee or transferee acquired the property.
If such conditions are fulfilled to the satisfaction of the advisory agency, the current owner of
record may request that a notice of compliance be filed with the Butte County Recorder. Said
notice of compliance shall identify the real property and the book and page of the previously
recorded certificate of compliance and shall state that the conditions of the certificate of
compliance have been fulfilled to the satisfaction of the Planning Commission.
SECTION 8. Section 20-173 of the Butte County Code is hereby amended to
read as follows:
20-173 Hearing officer.
All hearings conducted pursuant to section 20-161.1 to determine whether or.not lands have
been subdivided in violation of the provisions of this section shall be conducted by the Planning
Commission or a hearing officer. The hearing officer shall be appointed by the board of
supervisors and shall be reimbursed at the rate of seventy-five dollars ($75.00) per day. The
determination of the Planning Commission or the hearing officer shall be final fifteen (15) days
after the mailing of the Planning Commission's or the hearing officer's decision unless an appeal
is filed with the board of supervisors pursuant to section 20-66.
SECTIONX.
Section 24-41 of the Butte Count Code is hereby amended to
Y Y
read as follows:
24-41 Minor use permits.
(a) Purpose and intent. The section provides procedures for the preparation, filing,
processing by the planning division, and the approval, approval with conditions, or denial of a
discretionary permit that authorizes specific land uses on specific sites. Land uses that require a
minor use permit are specified in each individual zoning district.
(b) Application and review procedures:
(1) Applications for a minor use permit shall be made in writing on a form prescribed by the
planning manager.
(2) Applicants shall be notified in writing of incomplete applications within thirty (30)
calendar days of the mailing of said notice. Failure to so respond and complete the application,
0 Butte County Planning Commission 0 Agenda Report 0 Page 17 ■
may result in the application being deemed abandoned, and no further action shall be taken upon
(3) All applications for minor use permits shall be reviewed by the planning division and
forwarded to other applicable county agencies or departments for review and comments. The
review period shall not exceed fourteen (14) working days. Upon completion of the review
period, a recommendation to either approve or disapprove the request shall be submitted to the
Planning Commission for a decision on the project. The report to the Planning Commission shall
include any recommended conditions of approval.
(4) The Planning Commission shall provide public notice of the proposed project. The notice
shall include a general explanation of the matter being considered, a general description of the
area to be affected and the date and location of the public hearing. The notice shall be given by
mail to the ten (10) closest properties to the subject parcel at least ten (10) calendar days prior to
the public hearing. Said notice shall be mailed to said property owners using the address from
the latest equalized assessment roll of the County of Butte. Failure to receive the notice shall not
invalidate any action on the application.
(c) Approval or disapproval. After holding the public hearing, the Planning Commission,
shall make the findings and approve or deny the project. Approval of a minor use permit can be
as it was applied for or in modified form and conditions may be imposed. Conditions may
include, but shall not be limited to, requiring:
(1) Special yards;
(2) Open spaces;
(3) Buffers;
(4) Fences;
(5) Walls;
(6) Height of buildings, walls or others structures;
(7) Installation and maintenance of landscaping;
(8) Street dedications, medians, and improvements;
(9) Regulations of points of vehicular ingress and egress;
(10) Regulation of traffic circulation;
(1 l) Regulation of signs;
(12) Regulation of hours of operation and methods of operations;
0 Butte County Planning Commission ■ Agenda Report 0 Page 18 0
(13) Control of potential nuisances;
(14) The prescription standards for maintenance of building and grounds;
(15) Prescription of development schedules and development standards;
(16) Limit the life of the permit;
(17) Such other conditions as the Planning Commission may deem necessary to ensure
compatibility of the use with surrounding developments and uses and to preserve the public
health, safety, and welfare.
(d) Findings. The approving authority shall make the following findings before granting the
permit;
(1) That the proposed location, size, design, and operating characteristics of the proposed use
is in accordance with the purpose of this ordinance [article], the purpose of the zone in which the
site is located, the Butte County general plan, and the development policies and standards of the
county; and
(2) That the location, size, design, and operating characteristics of the proposed use will be
compatible with and will not adversely affect or be materially detrimental to adjacent uses,
residents, buildings, structures, or natural resources, with consideration given to:
a. Harmony in scale, bulk, coverage, and density;
b. The availability of public facilities, services and utilities;
c. The harmful effect, if any, upon desirable neighborhood character;
d. The generation of traffic and the capacity and physical character of surrounding streets;
e. The suitability of the site for the type and intensity of use or development which is
proposed;
f. Any other relevant impact of the proposed use.
(3) That the proposed location, size, design, and operating characteristics of the proposed use
and the conditions under which it would be operated or maintained will not be detrimental to the
public health, safety, or welfare, or materially injurious'to properties or improvements in the
vicinity.
(4) That the proposed use will comply with each of the applicable provisions of the chapter,
except for an approved minor variance.
(e) Appeals. The appeal procedure for any action taken by the planning commission on a
minor use permit request shall be the same as for a use permit as specified in section 24-45.30.
■ Butte County Planning Commission 0 Agenda Report ■ Page 19 0
(f) Lapse of minor use permit. A minor use permit shall lapse and shall become void one (1)
year following the date on which it was approved, unless prior to the expiration:
(1) A building permit is issued and construction is commenced and diligently pursued toward
completion on the site which was the subject of the use permit application; or
(2) A certificate of occupancy is issued forthe structure which was the subject of the minor
use permit application; or
(3) The site is occupied in accordance with the minor use permit, if no building permit or
certificate of occupancy is required; or
(4) The use which was the subject of the minor use permit application is commenced,
provided that a minor use permit for a public utility installation may be valid for a longer period
if specified by the Planning Commission.
A minor use permit subject to lapse may be renewed for an additional period of up to one (1)
year, provided that sixty (60) calendar days prior to the expiration date, an application for
renewal of the minor use permit is filed with the planning manager on the prescribed form and
accompanied by the necessary data and fees.
The approving authority may grant or deny an application for renewal of a minor use permit.
The minor use permit shall expire and the permit shall thereafter be of no further force or
effect if the use, business, or service for which the minor use permit was issued terminates or
ceases operation for a continuous period of time in excess of one hundred eighty (180) calendar
days except for:
(1) Destruction or damage by acts of God; or
(2) Destruction or damage by malicious acts; or
(3) Remodeling or rehabilitation requiring prolonged closure with prior approval of the
planning manager.
SECTION)—V Section 24-52 of the Butte County Code is hereby amended to
read as follows:
24-52 Minor variances.
(a)Purpose and intent. The section provides procedures for the preparation, filing, processing
by the planning division, and the approval or disapproval of a discretionary permit that
authorizes specific minor variances to zoning standards on specific sites.
(b) Application and review procedures:
■ Butte County Planning Commission 0 Agenda.Report ■ Page 20 0
(1) Applications for a minor variance shall be made in writing on a form prescribed by the
planning manager.
(2) Applicants shall be notified in writing of incomplete applications within thirty (30)
calendar days of the mailing of said notice. Failure to so respond and complete the application
may result in the application being deemed abandoned, and no further action shall be taken upon
it.
(3) All applications for minor variances shall be reviewed by the planning division and
forwarded to other applicable county agencies or departments for review and comments. The
review period shall not exceed fourteen (14) working days. Upon completion of the review
period, a recommendation to either approve or disapprove the request shall be submitted to the
Planning Commission for a decision on the project. The report to the Planning Commission shall
include any recommended conditions of approval.
(4) The Planning Commission shall provide public notice of the proposed project. The notice
shall include a general explanation of the matter being considered, a general description of the
are public hearing. Th notice hall be given b
a to be affected and the date and location of the pub g e o s g y
mail to the ten (10) closest properties to the subject parcel at least ten (10) calendar days prior to
the public hearing. Said notice shall be mailed to said property owners using the address from the
latest equalized assessment roll of the County of Butte. Failure to receive the notice shall not
invalidate any action on the application.
(c) Approval or disapproval. After holding the public hearing, the Planning Commission,
shall make the findings and approve or deny the project. Approval of a minor variance can be as
it was applied for or in modified form and conditions may be imposed. Minor variances for signs
may be conditioned to expire with the change of copy for the use, be reviewed on a periodic
basis or be required to conform upon change of ownership, and/or shall automatically expire
upon any designated period of time.
(d) Findings. The approving authority shall make the following findings before granting the
permit:
Minor variances from the terms of this chapter shall be granted only when, because of special
circumstances applicable to the property, including size, shape, topography, location or
surroundings, the strict application of this chapter deprives such property of privileges enjoyed
by other property in the vicinity and under identical zoning classification. Any variance or
0 Butte County Planning Commission 0 Agenda Report 0 Page 21 0
adjustment granted shall be subject to conditions to assure that the deviation thereby authorized
shall not constitute a grant of special privileges inconsistent with the limitations upon other
properties in the vicinity and zone in which such property is situated.
(e) Limitations. The.power to grant a minor variance does not extend to use, regulations.
Flexibility to the use regulations is provided in the conditional use and minor use provisions of
this chapter.
The Planning Commission may grant a minor variance, at a maximum reduction of twenty
(20) percent of the prescribed requirements of this chapter with respect to fences, walls, hedges,
screening, or landscaping; width, or depth; front, rear, or side yards, coverage; height of
structures; usable open space, or frontage on a public street or other standard, as the minor
variance was applied for or in modified form, if, on the basis of the application and the evidence
submitted, the approving authority makes findings of fact that establish that the circumstances
prescribed in paragraphs (1) through (6) below do apply:
(1) That there are special circumstances applicable to the property, (size, shape, topography,
location or surroundings) or the intended use of the property and because of this, the strict
application of zoning standards code deprives the property of privileges enjoyed by other
properties in the vicinity under identical zoning classification.
(2) That granting the minor variance or its modification is necessary for the preservation and
enjoyment of a substantial property right possessed by other property in the same vicinity and
zone and denied to the property for which the minor variance is sought.
(3) That granting the minor variance or its modification will not be materially detrimental to
the public health, safety or welfare, or injurious to the property or improvements in such vicinity
and zone in which the property is located.
(4) The granting of this minor variance does not constitute a special privilege inconsistent
with the limitations upon other properties in the vicinity and zone in which such property is
situated.
(5) The granting of this minor variance does not allow a use or activity which is prohibited
by the zoning regulation governing the parcel of property.
(6) That granting the minor variance or its modification will not be incompatible with the
Butte County general plan.
■ Butte County Planning Commission ■ Agenda Report ■ Page 22 0
(fj Appeals. The appeal procedure for any action taken by the planning commission on a
minor variance request shall be the same as for a use permit as specified in section 24-45.30.
(g) Lapse of minor variance. A minor variance shall lapse and shall become void one (1) year
following the date on which the minor variance became effective, unless prior to the expiration
of one (1) year:
(1) A building permit is issued and construction is commenced and diligently pursued toward
completion on the site which was the subject of the minor variance application; or
(2) A certificate of occupancy is issued for the structure which was the subject of the minor
variance application; or
(3) The site is occupied in accordance with the minor variance, if no building permit or
certificate of occupancy is required.
A minor variance may be renewed for an additional period of up to one (1) year, provided
that sixty (60) calendar days prior to the expiration date, an application for renewal of the
variance is filed with the planning manager on the prescribed form and accompanied by the
necessary data and fees. The approving authority may grant or deny an application for renewal of
a minor variance. �I
SECTION fl! This Ordinance shall be and it is hereby declared to be in full force
and effect from and after thirty (30) days after the date of its passage, and before the expiration
of fifteen (15) days after its passage, this Ordinance shall be published once with the names of
the members of the Board of Supervisors voting for and against it in the Chico Enterprise
Record, a newspaper published in the County of Butte, State of California.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of
California, on the day of , 2003, by the following vote:
AYES:
NOES:
ABSENT:
NOT VOTING:
BOB BEELER, CHAIR
Butte County Board of Supervisors
0 Butte County Planning Commission ■ Agenda Report 0 Page 23 ■
ATTEST: PAUL MCINTOSH, Chief Administrative
Officer and Clerk of the Board
By
Deputy
0 Butte County Planning Commission N Agenda Report 0 Page 24 ■
BUTTE COUNTY PLANNING COMMISSION
AGENDA REPORT - MARCH 27, 2003
Applicant: Butte County Department of G.P.: N/A
Development Services
File #: ZCA 03-02 Zoning: N/A
Request: Amendments to the text of APN: N/A
the Administration,
Subdivisions, and Zoning Location: N/A
Ordinances of the Butte
County Code to replace the Parcel Size: N/A
Development Review
Committee as the Advisory Supervisor
Agency with the Planning District: N/A
Commission
Attachments:
A: Draft Ordinance
STAFF COMMENT:
Staff recommends that the Planning Commission recommend approval to the Board Vf
Supervisors the proposed text amendments to the Butte County Administration, Subdivisions,
and Zoning Ordinances of the Butte County Code.
PROJECT DESCRIPTION:
This project would eliminate all references to the Development Review Committee (DRC) in
County code and replace it with the Planning Commission. The DRC is the advisory agency that
currently conducts hearings on tentative parcel and subdivision maps, map corrections, map
amendments, certificate of compliances, and map time extensions. The DRC consists of two
Planning Commissioners, and representatives from the Fire Department, Planning Division,
Public Works Department, Environmental Health Division, and Agricultural Commissioner's
Office. The primary reason for eliminating the DRC as the advisory agency is that the majority
of the DRC members are also staff, and there is the potential for conflict of interest for a staff
member acting in the dual role as a decision maker on the DRC.
The project would also eliminate reference to the Planning Manager in the Minor Use Permit and
Minor Variance sections of the Zoning Code. Currently, the Planning Manger holds public
hearings on these two types of projects and then makes a recommendation to the Planning
Commission, which is placed on the Commission's consent agenda. The Planning Manager
hearing process was implemented to speed up the time it took to get projects to hearing.
■ Butte County Planning Commission ■ Agenda Report 0 Page 1 0
• •
However, practice has shown that this procedure increases the time it takes to get the project to
the Planning Commission, with a corresponding increase in staff processing time. Elimination of
the Planning Manager as a hearing body would allow minor use permit and minor variance
projects to go before the Planning Commission faster than what occurs now.
ANALYSIS:
Replacement of the Development Review Committee with the Planning Commission would
eliminate the concerns over conflict of interests that currently exist with the current hearing
process. Approval of the proposed text changes to County Code would allow the Planning
Commission to hear all land use projects, greatly improving the overall planning process in Butte
County.
ZONING CODE TEXT AMENDMENTS:
The following changes to County Code are proposed to reflect the replacement of the
Development Review Committee as the advisory agency with the Planning Commission. Items
that have been added are in bold italics and items that are deleted are
Changes to section 2-136
This section of County Code refers to the Oroville Enterprise Zone. The Development Review
Committee is referred to several times in this section, and the proposed text change would delete
these references. The word "Oroville" is added to section (a) to make clear that it is the City of
Oroville Development Review Board that acts on parcel and subdivision maps in the Oroville
Enterprise Zone area. The following are the proposed changes for Section.2-136:
2-136 Map application procedures and standards.
(a) Land development division, and advisory agency and develet,
functions. Notwithstanding any other provisions in this Code to the contrary, applications for
industrial and commercial parcel maps and subdivision maps pertaining to property within the
unincorporated area of the Oroville Enterprise Zone as it is now established by the State of
California or as the boundaries thereof may hereafter be lawfully amended, shall be submitted to
and processed by the Oroville Planning Commission and Oroville Development Review Board,
which shall act in lieu of the Butte County Department of Development Services. Land
Development Division, and Advisory Agency . Appeals
from actions of the Oroville Planning Commission with respect to such maps shall be made to
the board of supervisors in the same manner and subject to the same county fees as appeals from
actions of the Butte County Advisory Agency.
(b) Map application procedures and standards. Such map applications shall be filed with the
City of Oroville, subject to the fees and adopted procedures and standards of the city as they now
exist or may exist at the time of such application. Such projects will be subject to city design
review requirements and improvement standards, including standards regarding the installation
of street trees. However, the zoning regulations applicable to all such maps will be those
specified in the applicable county zoning ordinance, and county sewage disposal requirements
shall apply, except as to those projects which connect to a publicly owned, maintained and
0 Butte County Planning Commission 0 Agenda Report ■ Page 2 ■
operated sewage system, in which case the requirements of the public entity which owns,
maintains and operates the sewer system shall apply. Final subdivision maps and parcel maps
shall be submitted to the county surveyor for examination and certification pursuant to
Government Code sections 66442 and 66450, respectively. Final subdivision maps shall be
submitted to the board of supervisors for approval.
(c) Section not applicable to residential maps. This section is not applicable to residential
parcel maps and subdivision maps, which will continue to be processed in accordance with the
procedures and standards of the County of Butte. (Ord. No. 3016, § 1, 6-23-92)
4 Changes to Section 20-10
This section of County Code refers to the Advisory agency. The Development Review
Committee is referred to once in this section, which would be replaced with Planning
Commission. The following is the proposed change for Section 20-10:
20-10 Advisory agency.
"Advisory agency" means the Butte County Planning Commission
developffle—
charged with the duty of making investigations and reports on the design and
improvement of proposed divisions of real property, the imposing of requirements or conditions
thereon, or having the authority under this chapter to approve, conditionally approve or
disapprove maps, including reversions to acreage by parcel map, excepting that in the event of
subdivision of property pursuant to Government Code chapter 6.7, article 2, section 51119.5,
division of and zoned as Timberland Production into parcels of less than one hundred sixty (160)
acres, then in that event the board of supervisors is the advisory agency having the authority
under this chapter to, with a four-fifths (4/5) vote, approve, conditionally approve or disapprove
maps, including reversions to acreage by parcel map.
Notwithstanding any of the above, when a tentative map is submitted in conjunction with a
planned unit development, the board of supervisors shall act as the advisory agency for purposes
of action on the tentative map.
Whenever the board of supervisors acts as the advisory agency, sections 20-66 and 20-106 of
chapter 20 of the Butte County Code shall be inapplicable. (Ord. No. 3188, § I(Exh. A), 3-14-95)
i
Section 20-54
Section 20-54 refers to the composition of the Development Review Committee members. This
section would be deleted in its entirety because the Development Review Committee would be
eliminated.
20-54 Deleted Development revimv
bogEd
0 Butte County Planning Commission ■ Agenda Report 0 Page 3 0
Changes to Section 20-161
This section of County Code refers to notice of violations. The Development Review Committee
is referred to once in this section, and the proposed text change would replace this reference with
Director of Development Services. The following is the proposed change for Section 20-161:
20-161 Notice of violation.
Whenever any county department has knowledge that real property may have been divided in
violation of the provisions of the Subdivision Map Act or of this chapter, it shall either report
such knowledge to the Director of Development Services or
shall schedule a hearing in front of a hearing officer pursuant to section 20-161.1.
Notwithstanding the above, the office of the district attorney shall be exempt from the
requirements of this section and section 20-161.1. (Ord. No. 3188, § 1(Exh. A), 3-14-95)
Changes to Section 20-161.1
This section of County Code refers to the noticing requirements for a notice of violation. The
Development Review Committee is referred to twice in this section, and the proposed text
change would replace these references as noted below. The following is the proposed change for
Section 20-161.1:
20-161.1 Notice.
The county department having such knowledge of the violation or the dovolopmotA
Director of Development Services, which after reviewing the report submitted to it by
the county department and finding that the circumstances warrant, unless such violation is under
investigation and/or prosecution by the office of the district attorney, shall:
(1) File with the recorder a notice of intention to record a notice of violation, which notice
shall describe the property in detail, naming the owners thereof, describing the violation, and
stating that the opportunity will be given to the owner to present evidence.
(2) Set for hearing before the doVelopme.01 Planning Commission the
question of whether or not there has been a division of land in violation of the Subdivision Map
Act or this chapter, and whether a notice of violation should be recorded in the office of the
county recorder. Upon recording the notice of intention, a copy of the notice shall be sent to the
owner of the real property, setting forth the time, date and place of such hearing, at which the
owner may present evidence.
(3) Deliver a copy of said notice to the development services, public works and health
departments. After such delivery, no permits or approvals shall be issued until a final
determination has been made regarding recordation of a notice of violation. (Ord. No. 3188, §
1(Exh. A), 3-14-95)
Section 20-162
The Development Review Committee is referred to fours times in this section, and would be
replaced with Planning Commission in each instance. The following is the proposed change for
Section 20-162:
I
0 Butte County Planning Commission 0 Agenda Report 0 Page 4 0
• •
20-162 Action regarding notice of violation.
At the time of said hearing, after hearing the evidence presented by the representative or
representatives of the county, the owners of the property, and any other interested persons, the
hearing officer or Planning Commission deVolopfflfflt shall determine
whether or not the property has been properly divided or has resulted from a division in violation
of this chapter or the Subdivision Map Act.
If the owner of the real property has failed to inform the county of his objection to recording
the notice of violation, or if the hearing officer or Planning Commission
g� determines that the property has been divided or has resulted from a division in
violation of this chapter or of the Subdivision Map Act, the county department or the Planning
Commission shall mail a notice so stating to the owner or
owners of the property affected as shown on the latest assessment roll, advising them of their
right to appeal this decision to the board of supervisors pursuant to section 20-172 and further
stating that a notice of violation shall be recorded with the county recorder containing the
information specified in section 66499.36 of the Government Code. The advisory agency shall
forward a copy of said notice to the district attorney for possible prosecution. If the hearing
officer or Planning Commission developpAcig determines that no violation
has occurred or that a violation has occurred but has been corrected, the advisory agency shall
record a certificate of compliance in a form specified in this chapter, which shall constitute a
release of the notice of intention to record a notice of violation. (Ord. No. 3188, § 1(Exh. A), 3-
14-95)
Changes to Section 20-167
This section of County Code refers to issuance of certificate of compliances. The Development
Review Committee is referred to once in this section, which would be replaced with Planning
Commission. Additionally, the word "committee" found in the second sentence would be
replaced with "Planning Commission." The following is the proposed change for Section 20-
167:
20-167 Conditional issuance of certificate of compliance.
If the advisory agency determines that such real property does not comply with the
provisions of the Subdivision Map Act or of this chapter, but that development of such real
property would not be contrary to public health or the public safety, it shall grant a certificate of
compliance. In such cases the Planning Commission may, as a condition of granting
a certificate of compliance, and in order to protect the public health or the public safety, impose
such conditions as would have been applicable to the division of the property at the time the
current owner of record acquired the property; except that where the applicant was the owner of
record at the time of the initial violation of the provisions of this chapter or of local ordinances
enacted pursuant thereto who by a grant of the real property created a parcel or parcels in
violation of this chapter or local ordinances enacted pursuant thereto, and such person is the
current owner of record of one (1) or more of the parcels which were created as a result of the
grant in violation of this chapter or local ordinances enacted pursuant thereto, then the local
agency may impose such conditions as would be applicable to a current division of the property
Such conditions may be fulfilled and implemented by the property owner who applied for the
certificate or by a grantee of such property owner. If such conditions are not fulfilled or
■ Butte County Planning Commission 0 Agenda Report 0 Page 5 ■
f
implemented, the certificate of compliance shall have no force or effect upon any subsequent
transfer of the property; and any subsequent transferee or assignee shall make a new application
for a certificate of compliance pursuant to section 20-166; and the advisory agency may impose
such conditions as would have been applicable at the time such assignee or transferee acquired
the property.
If such conditions are fulfilled to the satisfaction of the advisory agency, the current owner of
record may request that a notice of compliance be filed with the Butte County Recorder. Said
notice of compliance shall identify the real property and the book and page of the previously
recorded certificate of compliance and shall state that the conditions of the certificate of
compliance have been fulfilled to the satisfaction of the Planning Commission development
(Ord. No. 3188, § 1(Exh. A), 3-14-95)
Changes to Section 20-173
This section of County Code refers to the hearing officer acting on notice of violations. The
hearing officer procedure has never been utilized, and changes to this section would allow the
Planning Commission to hold hearings on notice of violations. The following are the proposed
changes to Section 20-173:
20-173 Hearing officer.
All hearings conducted pursuant to section 20-161.1 to determine whether or not lands have
been subdivided in violation of the provisions of this section shall be conducted by the Planning
Commission or a hearing officer. The hearing officer shall be appointed by the board of
supervisors and shall be reimbursed at the rate of seventy-five dollars ($75.00) per day. The
determination of the Planning Commission or the hearing officer shall be final fifteen (15) days
after the mailing of the Planning Commission's or the hearing officer's decision unless an
appeal is filed with the board of supervisors pursuant to section 20-66. (Ord. No. 3188, § 1(Exh.
A), 3-14-95)
Changes to Section 24-41
This section of County Code refers to the minor use permit application process. The Planning
Manager is referred to a number of times in this section, which would be replaced with Planning
Commission in each instance. This proposed text changes would eliminate the Planning
Manager from the minor use permit process. The following are the proposed changes for Section
24-41:
24-41 Minor use permits.
(a) Purpose and intent. The section provides procedures for the preparation, filing,
processing by the planning division, and the approval, approval with conditions, or denial of a
discretionary permit that authorizes specific land uses on specific sites. Land uses that require a
minor use permit are specified in each individual zoning district.
(b) Application and review procedures:
(1) Applications for a minor use permit shall be made in writing on a form prescribed by the
planning manager.
0 Butte County Planning Commission 0 Agenda Report 0 Page 6 0
(2) Applicants shall be notified in writing of incomplete applications within thirty (30)
calendar days of the mailing of said notice. Failure to so respond and complete the application,
may result in the application being deemed abandoned, and no further action shall be taken upon
it.
(3) All applications for minor use permits shall be reviewed by the planning division and
forwarded to other applicable county agencies or departments for review and comments. The
review period shall not exceed fourteen (14) working days. Upon completion of the review
period, a recommendation to either approve or disapprove the request shall be submitted to the
planning mmag_ Planning Commission for a decision on the project. The report to the
Planning Commission shall include any recommended conditions of
approval.
(4) The planning n4mage. Planning Commission shall provide public notice of the proposed
project. The notice shall include a general explanation of the matter being considered, a general
description of the area to be affected and the date and location of the public hearing. The notice
shall be given by mail to the ten (10) closest properties to the subject parcel at least ten (10)
calendar days prior to the public hearing. Said notice shall be mailed to said property owners
using the address from the latest equalized assessment roll of the County of Butte. Failure to
receive the notice shall not invalidate any action on the application.
(c) Approval or disapproval. After holding the public hearing, the
Planning Commission, shall make the findings
and approve or deny the project to the plaom 4on. Approval 4'a minor use permit
can be as it was applied for or in modified form and conditions may be imposed. Conditions
may include, but shall not be limited to, requiring:
(1) Special yards;
(2) Open spaces;
(3) Buffers;
(4) Fences;
(5) Walls;
(6) Height of buildings, walls or others structures;
(7) Installation and maintenance of landscaping;
(8) Street dedications, medians, and improvements;
(9) Regulations of points of vehicular ingress and egress;
(10) Regulation of traffic circulation;
(11) Regulation of signs;
(12) Regulation of hours of operation and methods of operations;
(13) Control of potential nuisances;
(14) The prescription standards for maintenance of building and grounds;
(15) Prescription of development schedules and development standards;
(16) Limit the life of the permit;
(17) Such other conditions as the Planning Commission may deem
necessary to ensure compatibility of the use with surrounding developments and uses and to
preserve the public health, safety, and welfare.
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■ Butte County Planning Commission 0 Agenda Report ■ Page 7 ■
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(d) Findings. The approving authority shall make the following findings before granting the
permit;
(1) That the proposed location, size, design, and operating characteristics of the proposed use
is in accordance with the purpose of this ordinance [article], the purpose of the zone in which the
site is located, the Butte County general plan, and the development policies and standards of the
county; and
(2) That the location, size, design, and operating characteristics of the proposed use will be
compatible with and will not adversely affect or be materially detrimental to adjacent uses,
residents, buildings, structures, or natural resources, with consideration given to:
a. Harmony in scale, bulk, coverage, and density;
b. The availability of public facilities, services and utilities;
c. The harmful effect, if any, upon desirable neighborhood character;
d. The generation of traffic and the capacity and physical character of surrounding streets;
e. The suitability of the site for the type and intensity of use or development which is
proposed;
f. Any other relevant impact of the proposed use.
(3) That the proposed location, size, design, and operating characteristics of the proposed use
and the conditions under which it would be operated or maintained will not be detrimental to the
public health, safety, or welfare, or materially injurious to properties or improvements in the
vicinity.
(4) That the proposed use will comply with each of the applicable provisions of the chapter,
except for an approved minor variance.
(e) Appeals. The appeal procedure for any action taken by the planning commission on a
minor use permit request shall be the same as for a use permit as specified in section 24-45.30.
(f) Lapse of minor use permit. A minor use permit shall lapse and shall become void one (1)
year following the date on which it was approved, unless prior to the expiration:
(1) A building permit is issued and construction is commenced and diligently pursued toward
completion on the site which was the subject of the use permit application; or
(2) A certificate of occupancy is issued for the structure which was the subject of the minor
use permit application; or
(3) The site is occupied in accordance with the minor use permit, if no building permit or
certificate of occupancy is required; or
(4) The use which was the subject of the minor use permit application is commenced,
provided that a minor use permit for a public utility installation may be valid for a longer period
if specified by the Planning Commission.
A minor use permit subject to lapse may be renewed for an additional period of up to one (1)
year, provided that sixty (60) calendar days prior to the expiration date, an application for
renewal of the minor use permit is filed with the planning manager on the prescribed form and
accompanied by the necessary data and fees.
The approving authority may grant or deny an application for renewal of a minor use permit.
The minor use permit shall expire and the permit shall thereafter be of no further force or
effect if the use, business, or service for which the minor use permit was issued terminates or
0 Butte County Planning Commission 0 Agenda Report 0 Page 8 0
ceases operation for a continuous period of time in excess of one hundred eighty (180) calendar
days except for:
(1) Destruction or damage by acts of God; or
(2) Destruction or damage by malicious acts; or
f (3) Remodeling or rehabilitation requiring prolonged closure with prior approval of the
planning manager. (Oral. No. 3176, § 1(Exh. A), 1-24-95)
Changes to Section 24-52
This section of County Code refers to the minor variance application process. The Planning
Manager is referred to a number of times in this section, which would be replaced with Planning
Commission in each instance. This proposed text changes would eliminate the Planning
Manager from the minor variance process. The following are the proposed changes for Section
24-52:
24-52 Minor variances.
(a) Purpose and intent. The section provides procedures for the preparation, filing, processing
by the planning division, and the approval or disapproval of a discretionary permit that
authorizes specific minor variances to zoning standards on specific sites.
(b) Application and review procedures:
(1) Applications for a minor variance shall be made in writing on a form prescribed by the
planning manager.
(2) Applicants shall be notified in writing of incomplete applications within thirty (30)
calendar days of the mailing of said notice. Failure to so respond and complete the application
may result in the application being deemed abandoned, and no further action shall be taken upon
it.
3 Alla applications for minor variances shall be reviewed b the planning division and
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forwarded to other applicable county agencies or departments for review and comments. The
review period shall not exceed fourteen (14) working days. Upon completion of the review
period, a recommendation to either approve or disapprove the request shall be submitted to the
planning mam- -gff- Planning Commission for a decision on the project. The report to the
Planning Commission shall include any recommended conditions of
approval.
(4) The planning Planning Commission shall provide public notice of the proposed
project. The notice shall include a general explanation of the matter being considered, a general
description of the area to be affected and the date and location of the public hearing. The notice
shall be given by mail to the,.ten (10) closest properties to the subject parcel at least ten (10)
calendar days prior to the public hearing. Said notice shall be mailed to said property owners
using the address from the latest equalized assessment roll of the County of Butte. Failure to
receive the notice shall not invalidate any action on the application.
(c) Approval or disapproval. After holding the public hearing, the
Planning Commission, shall make the findings of intent
and approve or deny the project Approval of a minor variance can
be as it was applied for or in modified form and conditions may be imposed. Minor variances for
' signs may be conditioned to expire with the change of copy for the use, be reviewed on a
0 Butte County Planning Commission 0 Agenda Report 0 Page 9 0
periodic basis or be required to conform upon change of ownership, and/or shall automatically
expire upon any designated period of time.
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change an),
(d) Findings. The approving authority shall make the following findings before granting the
permit:
Minor variances from the terms of this chapter shall be granted only when, because of
special circumstances applicable to the property, including size, shape, topography, location or
surroundings, the strict application of this chapter deprives such property of privileges enjoyed
by other property in the vicinity and under identical zoning classification. Any variance or
adjustment granted shall be subject to conditions to assure that the deviation thereby authorized
shall not constitute a grant of special privileges inconsistent with the limitations upon other
properties in the vicinity and zone in which such property is situated.
(e) Limitations. The power to grant a minor variance does not extend to use regulations.
Flexibility to the use regulations is provided in the conditional use and minor use provisions of
this chapter.
The Planning Commission may grant a minor variance, at a maximum
reduction of twenty (20) percent of the prescribed requirements of this chapter with respect to
fences, walls, hedges, screening, or landscaping; width, or depth; front, rear, or side yards,
coverage; height of structures; usable open space, or frontage on a public street or other standard,
as the minor variance was applied for or in modified form, if, on the basis of the application and
the evidence submitted, the approving authority makes findings of fact that establish that the
circumstances prescribed in paragraphs (1) through (6) below do apply:
(1) That there are special circumstances applicable to the property, (size, shape, topography,
location or surroundings) or the intended use of the property and because of this, the strict
application of zoning standards code deprives the property of privileges enjoyed by other
properties in the vicinity under identical zoning classification.
(2) That granting the minor variance or its modification is necessary for the preservation and
enjoyment of a substantial property right possessed by other property in the same vicinity and
zone and denied to the property for which the minor variance is sought.
(3) That granting the minor variance or its modification will not be materially detrimental to
the public health, safety or welfare, or injurious to the property or improvements in such vicinity
and zone in which the property is located.
(4) The granting of this minor variance does not constitute a special privilege inconsistent
with the limitations upon other properties in the vicinity and zone in which such property is
situated.
(5) The granting of this minor variance does not allow a use or activity which is prohibited
by the zoning regulation governing the parcel of property.
(6) That granting the minor variance or its modification will not be incompatible with the
Butte County general plan.
0 Butte County Planning Commission 0 Agenda Report 0 Page 10 ■
(f) Appeals. The appeal procedure for any action taken by the planning commission on a
minor variance request shall be the same as for a use permit as specified in section 24-45.30.
(g) Lapse of minor variance. A minor variance shall lapse and shall become void one (1) year
following the date on which the minor variance became effective, unless prior to the expiration
of one (1) year:
(1) A building permit is issued and construction is commenced and diligently pursued toward
completion on the site which was the subject of the minor variance application; or
(2) A certificate of occupancy is issued for the structure which was the subject of the minor
variance application; or
(3) The site is occupied in accordance with the minor variance, if no building permit or
certificate of occupancy is required.
A minor variance may be renewed for an additional period of up to one (1) year, provided
that sixty (60) calendar days prior to the expiration date, an application for renewal of the
variance is filed with the planning manager on the prescribed form and accompanied by the
necessary data and fees. The approving authority may grant or deny an application for renewal of
a minor variance. (Ord. No. 3176, § 1(Exh. A), 1-24-95)
ENVIRONMENTAL DOCUMENTATION:
This project is categorically exempt from the requirements of the California Environmental
Quality Act (CEQA) under section 15320 (Class 20). Class 20 exemption consists of changes in
the organization or reorganization of local governmental agencies where the changes do not
change the geographical area in which previously existing powers are exercised. This project
does not change the boundary of any jurisdictional district. The proposed text changes to the
Butte County Code would not cause any changes to the environment.
ACTION FOR CONSIDERATION:
Staff recommends that the Planning Commission take the following actions:
I. Recommend to the Board of Supervisors that they find this project is exempt from
environmental review pursuant to the California Environmental Quality Act (CEQA)
under Section 15320 (Changes in Organization of Local Agencies) of CEQA. This
exemption allows changes in the organization or reorganization of local governmental
agencies where the changes do not change the geographical area in which previously
existing powers are exercised.
II. Recommend to the Board of Supervisors approval of an Ordinance amending the text of
the Administration, Subdivisions, and Zoning Ordinances of the Butte County Code,
subject to the following findings:
A. Replacing the Development Committee with the Planning Commission as the
Advisory Agency would eliminate the potential for conflict of interest that exists
now with the Development Review Committee.
0 Butte County Planning Commission 0 Agenda Report 0 Page 11 0
B. Replacing the Planning Manager with the Planning Commission to directly hear
minor use permit and minor variance applications will reduce the time it currently
takes to get this type of permit to a public hearing.
C. The text amendments are consistent with the Goals and Policies of the Butte
County General Plan.
k:\projects\zca\dre\dre agenda report.doc
0 Butte County Planning Commission ■ Agenda Report ■ Page 12 ■
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 2, CHAPTER 20, AND CHAPTER 24 OF THE
BUTTE COUNTY CODE
The Board of Supervisors of the County of Butte, State of California, under and
pursuant to Section 24.25.40 of the Butte County Code of said County, ORDAINS, as follows:
SECTION 1. Section 2-136 of the Butte County Code is hereby amended to read
as follows:
2-136 Map application procedures and standards.
(a) Land development division and advisory agency functions. Notwithstanding any other
provisions in this Code to the contrary, applications for industrial and commercial parcel maps
and subdivision maps pertaining to property within the unincorporated area of the Oroville
Enterprise Zone as it is now established by the State of California or as the boundaries thereof
may hereafter be lawfully amended, shall be submitted to and processed by the Oroville Planning
Commission and Oroville Development Review Board, which shall act in lieu of the Butte
County Department of Development Services, Land Development Division, and Advisory
Agency. Appeals from actions of the Oroville Planning Commission with respect to such maps
shall be made to the board of supervisors in the same manner and subject to the same county fees
as appeals from actions of the Butte County Advisory Agency.
(b) Map application procedures and standards. Such map applications shall be filed with the
City of Oroville, subject to the fees and adopted procedures and standards of the city as they now
exist or may exist at the time of such application. Such projects will be subject to city design
review requirements and improvement standards, including standards regarding the installation
of street trees. However, the zoning regulations applicable to all such maps will be those
specified in the applicable county zoning ordinance, and county sewage disposal requirements
shall apply, except as to those projects which connect to a publicly owned, maintained and
operated sewage system, in which case the requirements of the public entity which owns,
maintains and operates the sewer system shall apply. Final subdivision maps and parcel maps
shall be submitted to the county surveyor for examination and certification pursuant to
0 Butte County Planning Commission ■ Agenda Report ■ Page 13 0
Government Code sections 66442 and 66450, respectively. Final subdivision maps shall be
submitted to the board of supervisors for approval.
(c) Section not applicable to residential maps. This section is not applicable to residential
parcel maps and subdivision maps, which will continue to be processed in accordance with the
procedures and standards of the County of Butte.
SECTION 2. Section 20-10 of the Butte County Code is hereby amended to read
as follows:
20-10 Advisory agency.
"Advisory agency" means the Butte County Planning Commission charged with.the duty of
making investigations and reports on the design and improvement of proposed divisions of real
property, the imposing of requirements or conditions thereon, or having the authority under this
chapter to approve, conditionally approve or disapprove maps, including reversions to acreage by
parcel map, excepting that in the event of subdivision of property pursuant to Government Code
chapter 6.7, article 2, section 51119.5, division of and zoned as Timberland Production into
parcels of less than one hundred sixty (160) acres, then in that event the board of supervisors is
the advisory agency having the authority under this chapter to, with a four-fifths (4/5) vote,
approve, conditionally approve or disapprove maps, including reversions to acreage by parcel
map.
Notwithstanding any of the above, when a tentative map is submitted in conjunction with a
planned unit development, the board of supervisors shall act as the advisory agency for purposes
of action on the tentative map.
Whenever the board of supervisors acts as the advisory agency, sections 20-66 and 20-106 of
chapter 20 of the Butte County Code shall be inapplicable.
SECTION 3. Section 20-54 of the Butte County Code is hereby deleted in its
entirety.
SECTION 4. Section 20-161 of the Butte County Code is hereby amended to
read as follows:
20-161 Notice of violation.
Whenever any county department has knowledge that real property may have been divided in
violation of the provisions of the Subdivision Map Act or of this chapter, it shall either report
such knowledge to the Director of Development Services or shall schedule a hearing in front of a
0 Butte County Planning Commission 0 Agenda Report 0 Page 14 0
hearing officer pursuant to section 20-161.1. Notwithstanding the above, the office of the district
attorney shall be exempt from the requirements of this section and section 20-161.1.
SECTION 5. Section 20-161.1 of the Butte County Code is hereby amended to
read as follows:
20-161.1 Notice.
The county department having such knowledge of the violation or the Director of
Development Services, which after reviewing the report submitted to it by the county department
and finding that the circumstances warrant, unless such violation is under investigation and/or
prosecution by the office of the district attorney, shall:
(1) File with the recorder a notice of intention to record a notice of violation, which notice
shall describe the property in detail, naming the owners thereof, describing the violation, and
stating that the opportunity will be given to the owner to present evidence.
(2) Set for hearing before the Planning Commission the question of whether or not there has
been a division of land in violation of the Subdivision Map Act or this chapter, and whether a
notice of violation should be recorded in the office of the county recorder. Upon recording the
notice of intention, a copy of the notice shall be sent to the owner of the real property, setting
forth the time, date and place of such hearing, at which the owner may present evidence.
(3) Deliver a copy of said notice to the development services, public works and health
departments. After such delivery, no permits or approvals shall be issued until a final
determination has been made regarding recordation of a notice of violation.
SECTION 6. Section 20-162 of the Butte County Code is hereby amended to
read as follows:
f
20-162 Action regarding notice of violation.
j At the time of said.hearing, after hearing the evidence presented by the representative or
representatives of the county, the owners of the property, and any other interested persons, the
hearing officer or Planning Commission shall determine whether or not the property has been
properly divided or has resulted from a division in violation of this chapter or the Subdivision
Map Act.
If the owner f the real property has failed to inform the count of his objection to recording
e o pop y y � g
the notice of violation, or if the hearing officer or Planning Commission determines that the
property has been divided or has resulted from a division in violation of this chapter or of the
0 Butte County Planning Commission 0 Agenda Report ■ Page 15 0
• •
Subdivision Map Act, the county department or the Planning Commission shall mail a notice so
stating to the owner or owners of the property affected as shown on the latest assessment roll,
advising them of their right to appeal this decision to the board of supervisors pursuant to section
20-172 and further stating that a notice of violation shall be recorded with the county recorder
containing the information specified in section 66499.36 of the Government Code. The advisory
agency shall forward a copy of said notice to the district attorney for possible prosecution. If the
hearing officer or Planning Commission determines that no violation has occurred or that a
violation has occurred but has been corrected, the advisory agency shall record a certificate of
compliance in a form specified in this chapter, which shall constitute a release of the notice of
intention to record a notice of violation.
SECTION 7. Section 20-167 of the Butte County Code is hereby amended to
read as follows:
20-167 Conditional issuance of certificate of compliance.
If the advisory agency determines that such real property does not comply with the
provisions of the Subdivision Map Act or of this chapter, but that development of such real
property would not be contrary to public health or the public safety, it shall grant a certificate of
compliance. In such cases the Planning Commission may, as a condition of granting a certificate
of compliance, and in order to protect the public health or the public safety, impose such
conditions as would have been applicable to the division of the property at the time the current
owner of record acquired the property; except that where the applicant was the owner of record
at the time of the initial violation of the provisions of this chapter or of local ordinances enacted
pursuant thereto who by a grant of the real property created a parcel or parcels in violation of this
chapter or local ordinances enacted pursuant thereto, and such person is the current owner of
record of one (1) or more of the parcels which were created as a result of the grant in violation of
this chapter or local ordinances enacted pursuant thereto, then the local agency may impose such
conditions as would be applicable to a current division of the property Such conditions may be
fulfilled and implemented by the property owner who applied for the certificate or by a grantee
of such property owner. If such conditions are not fulfilled or implemented, the certificate of
compliance shall have no force or effect upon any subsequent transfer of the property; and any
subsequent transferee or assignee shall make a new application for a certificate of compliance
■ Butte County Planning Commission ■ Agenda Report 0 Page 16 0
• •
pursuant to section 20-166; and the advisory agency may impose such conditions as would have
been applicable at the time such assignee or transferee acquired the property.
If such conditions are fulfilled to the satisfaction of the advisory agency, the current owner of
record may request that a notice of compliance be filed with the Butte County Recorder. Said
notice of compliance shall identify the real property and the book and page of the previously
recorded certificate of compliance and shall state that the conditions of the certificate of
compliance have been fulfilled to the satisfaction of the Planning Commission.
SECTION 8. Section 20-173 of the Butte County Code is hereby amended to
read as follows:
20-173 Hearing officer.
All hearings conducted pursuant to section 20-161.1 to determine whether or not lands have
been subdivided in violation of the provisions of this section shall be conducted by the Planning
Commission or a hearing officer. The hearing officer shall be appointed by the board of
supervisors and shall be reimbursed at the rate of seventy-five dollars ($75.00) per day. The
determination of the Planning Commission or the hearing officer shall be final fifteen (15) days
after the mailing of the Planning Commission's or the hearing officer's decision unless an appeal
is filed with the board of supervisors pursuant to section 20-66.
SECTION 10. Section 24-41 of the Butte County Code is hereby amended to
read as follows:
24-41 Minor use permits.
(a) Purpose and intent. The section provides procedures for the preparation, filing,
processing by the planning division, and the approval, approval with conditions, or denial of a
discretionary permit that authorizes specific land uses on specific sites. Land uses that require a
minor use permit are specified in each individual zoning district.
(b) Application and review procedures:
(1) Applications for a minor use permit shall be made in writing on a form prescribed by the
planning manager.
(2) Applicants shall be notified in writing of incomplete applications within thirty (30)
calendar days of the mailing of said notice. Failure to so respond and complete the application,
0 Butte County Planning Commission 0 Agenda Report ■ Page 17 0
0 •
may result in the application being deemed abandoned, and no further action shall be taken upon
it.
(3) All applications for minor use permits shall be reviewed by the planning division and
forwarded to other applicable county agencies or departments for review and comments. The
review period shall not exceed fourteen (14) working days. Upon completion of the review
period, a recommendation to either approve or disapprove the request shall be submitted to the
Planning Commission for a decision on the project. The report to the Planning Commission shall
include any recommended conditions of approval.
(4) The Planning Commission shall provide public notice of the proposed project. The notice
shall include a general explanation of the matter being considered, a general description of the
area to be affected and the date and location of the public hearing. The notice shall be given by
mail to the ten (10) closest properties to the subject parcel at least ten (10) calendar days prior to
the public hearing. Said notice shall be mailed to said property owners using the address from
the latest equalized assessment roll of the County of Butte. Failure to receive the notice shall not
invalidate any action on the application.
(c) Approval or disapproval. After holding the public hearing, the Planning Commission,
shall make the findings and approve or deny the project. Approval of a minor use permit can be
as it was applied for or in modified form and conditions may be imposed. Conditions may
include, but shall not be limited to, requiring:
(1) Special yards;
(2) Open spaces;
(3) Buffers;
(4) Fences;
(5) Walls;
(6) Height of buildings, walls or others structures;
(7) Installation and maintenance of landscaping;
(8) Street dedications, medians, and improvements;
(9) Regulations of points of vehicular ingress and egress;
(10) Regulation of traffic circulation;
(11) Regulation of signs;
(12) Regulation of hours of operation and methods of operations;
0 Butte County Planning Commission 0 Agenda Report 0 Page 18 0
(13) Control of potential nuisances;
(14) The prescription standards for maintenance of building and grounds;
(15) Prescription of development schedules and development standards;
(16) Limit the life of the permit;
(17) Such other conditions as the Planning Commission may deem necessary to ensure
compatibility of the use with surrounding developments and uses and to preserve the public
health, safety, and welfare.
(d) Findings. The approving authority shall make the following findings before granting the
permit;
(1) That the proposed location, size, design, and operating characteristics of the proposed use
is in accordance with the purpose of this ordinance [article], the purpose of the zone in which the
site is located, the Butte County general plan, and the development policies and standards of the
county; and
(2) That the location, size, design, and operating characteristics of the proposed use will be
compatible with and will not adversely affect or be materially detrimental to adjacent uses,
residents, buildings, structures, or natural resources, with consideration given to:
a. Harmony in scale, bulk, coverage, and density;
b. The availability of public facilities, services and utilities;
c. The harmful effect, if any, upon desirable neighborhood character;
d. The generation of traffic and the capacity and physical character of surrounding streets;
e. The suitability of the site for the type and intensity of use or development which is
proposed;
f. Any other relevant impact of the proposed use.
(3) That the proposed location, size, design, and operating characteristics of the proposed use
and the conditions under which it would be operated or maintained will not be detrimental to the
public health, safety, or welfare, or materially injurious to properties or improvements in the
vicinity.
(4) That the proposed use will comply with each of the applicable provisions of the chapter,
except for an approved minor variance.
(e) Appeals. The appeal procedure for any action taken by the planning commission on a
minor use permit request shall be the same as for a use permit as specified in section 24-45.30.
■ Butte County Planning Commission 0 Agenda Report 0 Page 19 0
• 0
(f) Lapse of minor use permit. A minor use permit shall lapse and shall become void one (1)
year following the date on which it was approved, unless prior to the expiration:
(1) A building permit is issued and construction is commenced and diligently pursued toward
completion on the site which was the subject of the use permit application; or
(2) A certificate of occupancy is issued for the structure which was the subject of the minor
use permit application; or
(3) The site is occupied in accordance with the minor use permit, if.no building permit or
certificate of occupancy is required; or
(4) The use which was the subject of the minor use permit application is commenced,
provided that a minor use permit for a public utility installation may be valid for a longer period
if specified by the Planning Commission.
A minor use permit subject to lapse may be renewed for an additional period of up to one (1)
year, provided that sixty (60) calendar days prior to the expiration date, an application for
renewal of the minor use permit is filed with the planning manager on the prescribed form and
accompanied by the necessary data and fees.
The approving authority may grant or deny an application for renewal of a minor use permit.
The minor use permit shall expire and the permit shall thereafter be of no further force or
effect if the use, business, or service for which the minor use permit was issued terminates or
ceases operation for a continuous period of time in excess of one hundred eighty (180) calendar
days except for:
(1) Destruction or damage by acts of God; or
(2)Destruction or damage by malicious acts; or
(3) Remodeling or rehabilitation requiring prolonged closure with prior approval of the
planning manager.
SECTION 11. Section 24-52 of the Butte County Code is hereby amended to
read as follows:
24-52 Minor variances.
(a) Purpose and intent. The section provides procedures for the preparation, filing, processing
by the planning division, and the approval or disapproval of a discretionary permit that
authorizes specific minor variances to zoning standards on specific sites.
(b) Application and review procedures:
0 Butte County Planning Commission 0 Agenda Report 0 Page 20 0
(1) Applications for a minor variance shall be made in writing on a form prescribed by the
planning manager.
(2) Applicants shall be notified in writing of incomplete applications within thirty (30)
calendar days of the mailing of said notice. Failure to so respond and complete the application
may result in the application being deemed abandoned, and no further action shall be taken upon
it.
(3) All applications for minor variances shall be reviewed by the planning division and
forwarded to other applicable county agencies or departments for review and comments. The
review period shall not exceed fourteen (14) working days. Upon completion of the review
period, a recommendation to either approve or disapprove the request shall be submitted to the
Planning Commission for a decision on the project. The report to the Planning Commission shall
include any recommended conditions of approval.
(4) The Planning Commission shall provide public notice of the proposed project. The notice
shall include a general explanation of the matter being considered, a general description of the
area to be affected and the date and location of the public hearing. The notice shall be given by
mail to the ten (10) closest properties to the subject parcel at least ten (10) calendar days prior to
the public hearing. Said notice shall be mailed to said property owners using the address from the
latest equalized assessment roll of the County of Butte. Failure to receive the notice shall not
invalidate any action on the application.
(c) Approval or disapproval. After holding the public hearing, the Planning Commission,
shall make the findings and approve or deny the project. Approval of a minor variance can be as
it was applied for or in modified form and conditions may be imposed. Minor variances for signs
may be conditioned to expire with the change of copy for the use, be reviewed on a periodic
basis or be required to conform upon change of ownership, and/or shall automatically expire
upon any designated period of time.
(d) Findings. The approving authority shall make the following findings before granting the
permit:
Minor variances from the terms of this chapter shall be granted only when, because of special
circumstances applicable to .the property, including size, shape, topography, location or
surroundings, the strict application of this chapter deprives such property of privileges enjoyed
by other property in the vicinity and under identical zoning classification. Any variance or
0 Butte County Planning Commission ■ Agenda Report 0 Page 21 0
adjustment granted shall be subject to conditions to assure that the deviation thereby authorized
shall not constitute a grant of special privileges inconsistent with the limitations upon other
properties in the vicinity and zone in which such property is situated.
(e) Limitations. The power to grant a minor variance does not extend to use regulations.
Flexibility to the use regulations is provided in the conditional use and minor use provisions of
this chapter.
The Planning Commission may grant a minor variance, at a maximum reduction of twenty
(20) percent of the prescribed requirements of this chapter with respect to fences, walls, hedges,
screening, or landscaping; width, or depth; front, rear, or side yards, coverage; height of
structures; usable open space, or frontage on a public street or other standard, as the minor
variance was applied for or in modified form, if, on the basis of the application and the evidence
submitted, the approving authority makes findings of fact that establish that the circumstances
prescribed in paragraphs (1) through (6) below do apply:
(1) That there are special circumstances applicable to the property, (size, shape, topography,
location or surroundings) or the intended use of the property and because of this, the strict
application of zoning standards code deprives the property of privileges enjoyed by other
properties in the vicinity under identical zoning classification.
h (2) That granting the minor variance or"its modification is necessary for the preservation and
enjoyment of a substantial property right possessed by other property in the same vicinity and
zone and denied to the property for which the minor variance is sought.
(3) That granting the minor variance or its modification will not be materially detrimental to
the public health, safety or welfare, or injurious to the property or improvements in such vicinity
and zone in which the property is located.
(4) The granting of this minor variance does not constitute a special privilege inconsistent
with the limitations upon other properties in the vicinity and zone in which such property is
situated.
(5) The granting of this minor variance does not allow a use or activity which is prohibited
by the zoning regulation governing the parcel of property.
(6) That granting the minor variance or its modification will not be incompatible with the
Butte County general plan.
0 Butte County Planning Commission 0 Agenda Report ■ Page 22 0
(f) Appeals. The appeal procedure for any action taken by the planning commission on a
minor variance request shall be the same as for a use permit as specified in section 24-45.30.
(g) Lapse of minor variance. A minor variance shall lapse and shall become void one (1) year
following the date on which the minor variance became effective, unless prior to the expiration
of one (1) year:
(1) A building permit is issued and construction is commenced and diligently pursued toward
completion on the site which was the subject of the minor variance application; or
(2) A certificate of occupancy is issued for the structure which was the subject of the minor
variance application; or
(3) The site is occupied in accordance with the minor variance, if no building permit or
certificate of occupancy is required.
A minor variance may be renewed for an additional period of up to one (1) year, provided
that sixty (60) calendar days prior to the expiration date, an application for renewal of the
variance is filed with the planning manager on the prescribed form and accompanied by the
necessary data and fees. The approving authority may grant or deny an application for renewal of
a minor variance.
SECTION 4. This Ordinance shall be and it is hereby,declared to be in full force
and effect from and after thirty (30) days after the date of its passage, and before the expiration
of fifteen (15) days after its passage, this Ordinance shall be published once with the names of
the members of the Board of Supervisors voting for and against it in the Chico Enterprise
Record, a newspaper published in the County of Butte, State of California.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of
California, on the day of , 2003, by the following vote:
AYES:
NOES:
ABSENT:
NOT VOTING:
BOB BEELER, CHAIR
Butte County Board of Supervisors
0 Butte County Planning Commission 0 Agenda Report 0 Page 23 0
ATTEST: PAUL MCINTOSH, Chief Administrative
Officer and Clerk of the Board
By
Deputy
0 Butte County Planning Commission 0 Agenda Report ■ Page 24 0
(SPACE FOR FILING STAMP ONLY)
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA,
IN AND FOR THE COUNT'S OF BUTTE
In The Matter Of
No.
Notice of Public Hearing.
rYr9t. �•.'i>.gsia:+h'1. �r Y'S.- ��1;�,�, •���=S�a:�,•R�:•�:-'
AFFIDAVIT OF PUBLICATION xBUTTE.:�:000NTY~PLIANNING`COMMISSI01
ems„f� � +,','. -Y`.'y' . .'��y!►. I '...7 *.>`Y f�'Aj :Y
-,-
State of California Y NO3E-F0F, PUBLIC HEARING
7
$$. I. ,w 1rt �o�c� '�;-`gtrs, a�,:::^ - 'sK ?r`.t d .-, y.,,-�. :�r,Y- �•r. ..2!
County of Butte Notice is F,ereby Ygiyen,,by t the Butte Co'uritya4Planninc
Commission'that,apublic`heanrigwilsbe:>held on;Thursday
The undersigned resident of the county ofMarYch 27 2003; m:tfie Butte County�Boa�rd�`of:.Sypery sons
Butte, State of California, says: Room;CountyiAdministration Cerner,,25',,County.�Center Drive,
regarding the
r OroVille,California, '.following item
l t>yC r:. (.`�;.
�
j ITEM DETERMINED TO BE CATEGORICALLY EXEMPT FROM
That I am, and at all time herein mentioned n .> '
was a citizen of the United States and not a party
ENVIRONMENTAL REVIEW
to nor interested in the above entitled matter;
that I am the principal clerk of the printer and �,g 30 A M :Butte''County;Dep;artmentYtofr Developrrieni
P P P 3 �, „ ; M ,
Services Zornn;g Code,Amendment to apprp e-.
publisher of ry Y x' rnew Zoning Distnct,Maps and�amendmerjts'to".tI e
;; ,'1s',Oext of the Zoning Ordinance to incorporate the;new
The Chico Enterprise-Records 'rZornng Distract Maps .Location ounty wide
is C :(SB)
I {.
The Oroville Mercury-Register "(ZCA 02-01)
i.5•
That said newspaper is one of general circula- ITEM DETERMINED TO BE CATEGORICALLY EXEMPT FROM
tion as defined by Section 6000 Government
} ENVIRONMENTAL�REVIEWcsE''' F-'� ,_,
Code of the State of California,Case No.26796 .� x,r < '` ' z' re Devel61
9 30 A M �nButte�County=Department`ofhopment
by the Superior Court of the State of California, r" ervices;"Amen dments to�_the.-text;of,the
in and for the County of Butte;that said newspa- >rAdmmistration,.'Sutidivrsrons,t<<° and .Zoriin,g'
per at all times herein mentioned was printed zl Ordinances of the Butte County�Cod-e to replace
rt- �, � ,.
and published daily in the City of Chico and •.the Development�Review.Committee.as the Advisor
..5 r .( ...
County of Butte;that the notice of which the Agency.with"the, Planning Commissiori..t6catio_n
annexed is a true printed copy,was published in County wide
said newspaper on the following days: AThe above mentioned applicationstare 6mfiWe 6d available for;
;publicr viewing atttie,office;,of.tlie,ButteCounty;Developinent
March 14, 03. ,Sennces Depariment,:Plarirnng Divisions Ttounty.Center Drive;
OroVille,•='California' For;informations call:x(530) 5,38-7601,
;(Monday.ihi6ugfiTridQ:6:00 a.m to 4:00-p.m.)..Comments may,
be submitted"inwhting at,any,time„priorao the hearing or orally
at;the'meeting listed aliove,:or as'may:De continued to`a later.
r date:Upon.action'takenrby'}the''Planning Commission on the-
Dated June 5, 2003. , ro ect ap appeal ima bd1iled with'the C16W,bf"thd Board of:
at Chico, California. -,.P...;J .,. . ,, , ,..". ,Y. ,. . _
Supervisors:The appeal periodos,10 days.If,you challenge the
i above applications,in court,'.you;maydbe fimited.to",raising.only
those issues;you.or;someone else raised'at the�public,hearing;
(Signa " ) i .r described in:this notice or in;written correspondence delivered to
"the Planning Commission;-at or piiorto'the.public"heating.,,
' ' 1 :.�+; ,,. '�'.% a X'+' t t.. s rat '�•- •,'^
BUTTE COUNTY PLANNING COMMISSION.-
xk R -.. , .,,.
rT YVONNE CRRISTOPHE6,'DIRECTQR OFDEVELOPMENT SERVICES
BUTTE COUNTY BOARD
OF SUPERVISORS
NOTICE OF INTENTION TO ADOPT ORDINANCE,
SUMMARY OF PROPOSED ORDINANCE
Notice is hereby given by the Butte County Board of Supervisors
that a public hearing will be held on Tuesday; April 8, 1
2003 , atI 11 : 00 a.m. in the Board of Supervisors Room, County
Administration Building, 25 County Center Drive, Oroville,
California, on the following:
The following is a summary of the Ordinance Amending
Chapter 2 , Chapter 20 and Chapter 24 of the Butte
County Code :
The ordinance would eliminate all references to the
Development Review Committee (DRC) in the Butte County
Code and replace them with references to the Planning
Commission. The DRC is the advisory agency that
currently conducts hearings on tentative parcel and
subdivision maps, map corrections, map amendments,
certificates of compliance, and map time extensions
pursuant to the Subdivision Map Act and Butte County
Code Chapter 20 . The DRC consists of two Planning
Commissioners, and representatives from the following
County departments and divisions : Fire Department,
Planning Division, Public Works Department,
Environmental Health Division, and Agricultural
Commissioner' s Office .
The ordinance would also eliminate references to the
Planning Manager in the Minor Use Permit and Minor
Variance sections of Butte County Code Chapter 24 , the
County' s zoning regulations . Currently, the Planning
Manager holds public hearings on these two types of
projects and then makes a recommendation to the
Planning Commission, which is placed on the
Commission' s consent agenda. The ordinance would
instead require that all minor use permit and minor
variance projects go before the Planning Commission
for a public hearing.
The ordinance would amend Butte County Code Section 2-
136, which concerns the Oroville Enterprise Zone . The
1
Development Review Committee is referred to in this
section, although it imposes no duties on the DRC.
The proposed text change would delete these
references . The word "Oroville" would also be added
to this section to make clear that it is the City of
Oroville Development Review Board that acts on parcel
and subdivision maps in the Oroville Enterprise Zone
area.
The ordinance would amend Butte County Code Section
20-10, which defines "Advisory Agency" as the
Development Review Committee. The reference to the DRC
would be replaced with a reference to the Planning
Commission.
The ordinance would delete Butte County Code Section 20-
54, which sets forth the composition of the Development
Review Committee . This section would be deleted in its
entirety because the ordinance would eliminate the DRC.
The ordinance would amend Butte County Code Section 20-
161, which refers to notices of violations of the
Subdivision Map Act or Butte County Code Chapter 20 . The
proposed text change would require the Department of
Development Services to report such violations to the
Director of Development Services, instead of the
Development Review Committee.
The ordinance would amend Butte County Code Section 20-
161 . 1, which refers to noticing requirements for a notice
of a division of land in violation of the Subdivision Map
Act or Butte County Code Chapter 20 . The Development
Review Committee is referred to twice in this section.
The proposed text change would replace these
references with references to the Director of.
Development Services and the Planning Commission as
set forth below. The proposed text changes would
provide that the county department having knowledge of
such a violation or the Director of Development Services,
subject to certain limitations, shall, among other
things, set for hearing before the Planning Commission,
the question of whether or not there has been a violation
of the Subdivision Map Act or Butte County Code Chapter
20, and whether a notice of violation should be recorded
in the office of the county recorder.
2
The ordinance would amend Butte County Code Section 20-
162, which concerns actions regarding notice of
violations of the Subdivision Map Act or Butte County
Code Chapter 20 . The duties assigned to the Development
Review Committee in this section, would instead be
assigned to the Planning Commission in each instance .
The ordinance would amend Butte County Code Section 20-
167, which refers to issuance of certificates of
compliance pursuant to the Subdivision Map Act and Butte
County Code Chapter 20 . The duties assigned to the
Development Review Committee in this section, would be
assigned to the Planning Commission.
The ordinance would amend Butte County Code Section 20-
173, which requires that hearings concerning whether the
Subdivision Map Act or Butte County Code Chapter 20 have
been violated be conducted before a hearing officer
appointed by the Board of Supervisors . Changes to this
section would provide that such hearings could be
conducted before either the Planning Commission or such a
hearing officer.
The ordinance would amend Butte County Code Section 24-
41, which refers to the minor use permit application
procedure. The duties assigned to the Planning Manager
in this section would be assigned to the Planning
Commission in each instance. These proposed text changes
would eliminate the Planning Manager from the minor use
permit process .
The ordinance would amend Butte County Code Section 24-
52, which refers to the minor variance application
procedure. The duties assigned to the Planning Manager
in this section would be assigned to the Planning
Commission in each instance. These proposed text changes
would eliminate the Planning Manager from the minor
variance process .
The ordinance would be effective throughout the entire
unincorporated area of Butte County.
A copy of the above mentioned ordinance is available for public
inspection at the office of the Clerk of the Board of Supervisors,
25 County Center Drive, Oroville, CA.
Paul McIntosh
3
Clerk of the Board of Supervisors
9:\ordinance\DRC ord summary.doc
4
j
BUTTE COUNTY PLANNING COMMISSION
NOTICE OF A PUBLIC HEARING
Notice is hereby given by the Butte County Planning Commission that a public hearing is published
for Thursday, March 27, 2003, in the Butte County Board of Supervisors' Room, County
Administration Center,25 County Center Drive,Oroville,California,regarding the following items:
ITEM DETERMINED TO BE A GENERAL RULE EXEMPTION
FROM ENVIRONMENTAL REVIEW
9:30 a.m. - Butte County Department of Development Services,Zoning Code Amendment
to approve 31 new Zoning District Maps and amendments to the text of the Zoning
Ordinance to incorporate the new Zoning District Maps. Location is County-wide.
(SB) (ZCA 02-01)
ITEM DETERMINED TO BE CATEGORICALLY EXEMPT
FROM ENVIRONMENTAL REVIEW
9:30 a.m. - Butte County Department of Development Services,Amendments to the text of
the Administration,Subdivisions,and Zoning Ordinances of the Butte County
Code to replace the Development Review Committee as the Advisory Agency with
the Planning Commission. Location County-wide. ZCA 03-02
The above mentioned applications are on file and available for public viewing at the office of the
Butte County Development Services Department, Planning Division, 7 County Center Drive,
Oroville, California. For information call: (530) 538-7601 (Monday through Friday, 8:00 a.m. to
4:00 p.m.) Comments may be submitted in writing at any time prior to the hearing or orally at the
meeting listed above or as may be continued to a later date. Upon action taken by the Planning
Commission on the project an appeal may be filed with the Clerk of the Board of Supervisors. The
appeal period is 10 days. If you challenge the above applications 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 Commission, at or prior to, the public hearing.
BUTTE COUNTY PLANNING COMMISSION
YVONNE CHRISTOPHER, DIRECTOR OF DEVELOPMENT SERVICES
To be published in the Chico Enterprise Record,Oroville Mercury,and the Gridley Herald on Friday,
March 14, 2003, and the Paradise Post on Saturday, March 15, 2003.
1/8 DISPLAY AD, DARK BORDER
0
LEAD IN SHEET
FILE NO: ZCA 03-02 AP# N/A
APPLICANT: Butte County Department of Development Services
OWNER: N/A
REPRESENTATIVE: N/A
PROPOSED REQUEST: (to be filled out by person taking in application)
FINAL REQUEST: (to be filled out by project planner)
Text amendments to the Administration, Subdivision, and Zoning Ordinances of the
Butte County Code to replace all references to the Development Review Committee as
the Advisory Agency with the Planning Commission. Text amendments are also
proposed to replaced references to the Planning anager with the Planning Commission
i
SIZE: N/A
i
LOCATION: N/A
i
SUPERVISORAL DISTRICT# N/A EXISTING ZONING: N/A
GENERAL PLAN DESIGNATION: N/A
ASSIGNED PLANNER: Joe Baker�1�UP �'LANNERS INITIALS
Date Application Received: March 4, 2003
Date Proiect Assigned: March 4, 2003
30 Day Complete: N/A
Preset Hearing Date: March 27, 2003