HomeMy WebLinkAboutZCA 05-05_PLANNING [2-
SEPARATOR
ZSEPRRRTOR SHEET
nvw NON E�
PROJECT NUMBER ZCR OS- aS
1 �
PROJECT SUMMARY SHEET
FILE NO.: ZCA 05-05
PROJECT TYPE: Zoning Code Amendment
APN: N/A
APPLICANT: Butte County Development Service
ADDRESS:
PHONE:
OWNER: County-wide
ADDRESS:
REPRESENTATIVE: N/a
ADDRESS:
PROJECT DESCRIPTION: Zoning Code Amendment to change the permitted uses in the AR'
zones to allow construction of neighborhood dental and medical clincics in areas to better serve
residents in a style and manner conductive to a residential area.
LOCATED: County-wide
PROPERTY ZONED: Various
GENERAL PLAN DESIGNATION: Various
TOWN/AREA:
1. Application accepted: 2/8/2005 Amount: $ N/A Receipt#: N/a
2. Assigned To: Stephen Betts
3. Comments sent to:
4. Sent to Inter-Departmental Review Committee (IDR):
5. Status Letter sent to applicant:
6. Date scheduled for IDR:
7. Comments received from:
8. Rezone Petition Signatures Checked:
9. Mailing List/Lead-in Sheet:
10. Environmental Determination:
State Clearinghouse No. Categorical Exemption-CEQA#
Negative Declaration
Mitigation Negative Declaration
Subject to Fish& Game: Environmental Impact Report
Gen. Rule Ex. —CEQA#
Other
11, Staff Report: Project Video:
12. Clearinghouse circulation required: Yes_ No Date Sent to SCH:
13. Publication Notice Written: Display Ad Prepared:
14. Notices Mailed: Number of Notices:
15. Newspaper Publication Date: 0 C P G B
16. Planning Commission Hearing(s):
Action taken:
.17. Board of Supervisors' Hearing(s):
Action taken:
Board Resolution No.: Ordinance No: Adopted:
18. Type Zoning Code Amendment, send for signature:
19. N.O.E. /N.O.D. /APPENDIX G: Fish&Game Fees Paid: Yes No
20. Send validated Zoning Code Amendment:
21. Assessor's Memo:
22. Copy of Zoning Code Amendment to GIS:
DEPARTMENT OF DEVELOPMENT SERVICES
BUTTE COUNTY UNIFORM APPLICATION
APPLICANT: Agent information to be provided is on page 2
APPLICANT'S NAME: (If application is different from owner an affidavit is required.) ASSESSOR'S PARCEL NUMBER:
Butte County Board of Supervisors County-wide -
ADDRESS: STREET,CITY,STATE,&ZIP CODE FILE NUMBER: (FOR OFFICE USE)
25 County Center Drive ZCA 05-05
E-MAIL: N/A TELEPHONE: N/A
NAME OF PROPOSED PROJECT(if any)Zoning Code Amendment
LOCATION OF PROJECT(major cross streets and address,if any) County-wide
GENERAL INFORMATION REQUIRED
OWNER'S NAME: TELEPHONE:
N/A ( ) -
ADDRESS: CITY,STATE,&ZIP CODE:
ZONE GENERAL PLAN EXISTING LAND USE SITE SIZE(in square feet or acres)
EXISTING STRUCTURES(in square feet) PROPOSED STRUCTURES(in square feet)
(Check One) (Check One)
❑ PROPERTY IS OR PROPOSED TO BE SEWERED ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER
❑ PROPERTY IS OR PROPOSED TO BE ON SEPTIC ❑ PROPERTY IS OR PROPOSED TO BE ON WELL WATER
APPLICATION REQUESTED
❑ GENERAL PLAN AMENDMENT ❑ TENTATIVE SUBDIVISION MAP
❑ REZONE ❑ TENTATIVE PARCEL MAP
❑ USE PERMIT ❑ WAIVER OF PARCEL MAP
❑MINOR USE PERMIT ❑ BOUNDARY LINE MODIFICATION
❑ VARIANCE ❑ LEGAL LOT DETERMINATION
❑MINOR VARIANCE ❑ CERTIFICATE OF MERGER
❑ ADMINISTRATIVE PERMIT ❑ MINING AND RECLAMATION PLAN
❑ DEVELOPMENT AGREEMENT X OTHER_Zoning Code Amendment.
PROJECT DESCRIPTION
FULL DESCRIPTION OF PROPOSED PROJECT(Attach necessary sheets. If this application is for a land division,describe the number and size
Zoning Code Amendment to change the permitted uses in the Agricultural Residential(AR)zoned areas. T'o possible change Section 24-05"Alt
through AR-10(Agricultural Residential)zones"of the Butte County Zoning Ordinance to allow construction of neighborhood dental and medical
clinics in areas to better serve residents in a style and manner conducive to a residential area.lmeior)
r: OWNER CERTIFICATION
I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE PWNER OF THE ABOVE DESCRIBED PROPERTY.
FURTHER,1 ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL Op,,mt ABOVJE INFORMATION IS TRUE AND
ACCURATE. (If an;70�
isto be authorized,execute an of vi authorization an mcle th affidavit with this application.)
DATE: SIGN TURF: /
K:\FORMS\PLANNING FORMS\APPLICATION FORMS\UNIFORM APPLICATION.countercopy.doc Page 1 of 3
AGENT AUTHORIZATION
TO: Butte County, Department of Development Services:
Phone Number( ) -
Print Name
Mailing Address
is hereby authorized to process the application for
on my property, identified as Butte County Assessor Parcel Number(APN) - -
t
This authorization allows representation for all applications, hearings, appeals, etc. and to sign all documents
necessary for said processing, but not including document(s) relating to record title interest.
Owner(s) of Record: (sign and print name)
Print Name Print Name
Signature Signature
Architect and/or Engineer:
Phone Number(�
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
❑ Project Description ❑ Copies of plot plan
Taken by: Receipt No.
PW/LD Plan E.H. CDF NOD/NOE Fees AG.
❑ Archaeological Resources Project Review Fee $60.00 (paid by a separate check,necessary for all discretionary land
use projects requiring an environmental review,made payable to the Northeast Information Center)
Payment of the currently required Application Fee and/or Deposit(any unused portion of a deposit) will be returned upon
final action.
Current fee for this application is as of
Make check payable to "Butte County Treasurer".
Revised 1/27/05
KAFORMS\PLANNING FORMS\APPLICATION FORMS\UNIFORM APPLICATION.countercopy.doc Page 2 of 3
Agreement For
Butte County Archaeological Resources Project Review By
The Northeast Information Center(NEIC)
The California Environmental Quality Act (CEQA) is the California State statute that requires the Butte County Department of
Development Services to perform an environmental review on all discretionary land use projects, to identify the significant
environmental impacts of the project and to avoid or mitigate those impacts,if feasible.
Every development project which requires a discretionary governmental approval will require at least some environmental review
pursuant to CEQA, unless an exemption applies. The environmental review required imposes both procedural and substantive
requirements. At a minimum, an initial review of the project and its environmental effects must be conducted. Depending upon the
potential effects, a further and more substantial review may be conducted in the form of an environmental impact report (EIR). A
project may not be approved if feasible alternatives or mitigation measures cannot substantially lessen the significant environmental
effects of the project. At the state level, CEQA requires that public agencies consider the effects of their actions on
historical resources eligible for listing on the California Register of Historical Resources. "Historical resource" refers to
buildings, structures, sites (prehistoric and historic), objects, districts, and all manner of properties containing material
remains of past human life or activity.
The Department of Development Services utilizes the Northeast Information Center (NEIC) of the California Historical
Resources Information System (CHRIS) to identify projects that may have archaeological significance. The CHRIS is a
statewide system for managing information on the full range of historical resources identified in California. This system is
under the authority and direction of the Office of Historic Preservation (OHP), the State Historic Preservation Officer
(SHPO), and the State Historical Resources Commission (SHRC). The Northeast Center of the CHRIS system, located at
California State University, Chico, manages the historical resource records for 11 counties, including Butte County.
The Northeast Information Center will furnish a Record Search to Development Services indicating the
archaeological/historical significance and sensitivity of the applicant's project area and additionally providing a
recommendation as to whether further archaeological survey is warranted. If further archaeological survey is required,
the application would be considered incomplete until the appropriate archaeological survey is completed and reviewed.
The Department of Development Services will forward applicant's payment (by check) of $60.00 and relevant project
application information required for the Records Search to NEIC. NEIC will provide the results of the Records Search to
Development Services. Development Services will notify the applicant if further archaeological survey is warranted. The
$60.00 fee does not cover the cost of further archaeological survey work.
If further archaeological survey work is required, Development Services will work with the applicant to see that it is
accomplished, according to set standards, by a qualified archaeologist. The applicant shall bear all costs associated with
further archaeological survey work required to continue processing of the planning project application.
THIS FORM MUST BE ACCOMPANIED BY A COPY OF A 7.5' TOPO MAP, WITH THE PROJECT AREA OUTLINED. THIS IS USED
DURING THE REVIEW TO RESEARCH CULTURAL SITES.
The undersigned applicant for the project as identified below has read and understood the Butte County Archaeological
Resources Project Review process and agrees to fund the required Record Search to be provided by NEIC.
Attached is a check for $60.00 made payable to the Northeast Information Center for NEIC to perform the Records
Search. Failure of payment to NEIC for this Records Search would result in the planning project application to be
considered incomplete until payment of the $60.00 Records Search fee along with any related fees associated with non-
payment (returned check charges, etc.) paid in full to NEIC.
Applicant Signature Date
Applicant PRINTED Name
Check Number
Planner, File Number K:\Arch Form Final.doc
KAFORMS\PLANNING FORMS\APPLICATION FORMS\UNIFORM APPLICATION.countercopy.doc Page 3 of 3
i
I Ordinance No. 3946
2 ZONING CODE AMENDMENT 05-05: ORDINANCE AMENDING SECTION 24-95
3 REGARDING CONDITIONALLY PERMITTED USES IN CHAPTER 24, ENTITLED
4 "ZONING" , OF THE BUTTE COUNTY CODE
5
6 The Board of Supervisors of the County of Butte ordains as
jfollows:
7
Section 1. Section 24-95 of Chapter 24 of the Butte
8 County Code is amended to read as follows :
9
i The following permitted uses, uses requiring a use permit,
10 and administrative uses shall apply to all zones AR through
AR-10. Uses that are unique to a particular zone and site
11 requirements for each zone will be listed separately.
12 (a) Uses permitted:
(1) One (1) single-family dwelling or modular home per
13 parcel.
(2) The use of a single-family residence as a small family
14 day care home, licensed family care home, foster home, or
group home for mentally disordered or otherwise handicapped
15 persons or- neglected children. Said homes shall serve six
16 (6) or fewer persons and shall be subject to all applicable
state regulations and limitations.
17 (b) Accessory uses:
(1) Those uses and structures normally associated with a
18 single-family residential use and are in conjunction with
to the residential use including 19 or incidental e g but not
limited to a garage, workshop, shed, garden, private
20 swimming pool, private tennis court, gazebo, spa, etc.
(2) A guest house as defined by section 24-305. 175 of the
21 Butte County Code.
(3) Second dwelling unit subject to the requirements of
1 22 section 24-280.
23 (4) Agricultural uses, including the keeping of animals,
subject to the animal maintenance requirements of sections
24 24-255 . 1 through 24-255. 15, inclusive, of this Code.
(c) Uses requiring use permits. The following uses are
25 permitted subject to a use permit :
26 (1) Duplex dwellings, multiple residences, and multiple-
family dwellings subject to the density allowed by the
27 general plan, and bed and breakfast inns.
1 (2) Golf courses and country clubs, including but not
limited to accessory uses such as driving range, pro shop,
2 cocktail bar, restaurant.
(3) Public and quasi-public uses .
3 (4) Commercial poultry farming and livestock farming,
nurseries and plant gardens.
4 (5) veterinary clinics, kennels.
5 (6) Medical and Dental Clinics and offices
(7) Sales tract office..
6 (8) Mobile home parks subject to the density of the general
plan in the AR, AR-1/2, and AR-1 zones only.
7 (d) Uses requiring a minor use permit. The following uses
may be permitted subject to the requirements of section 24-
8 41:
9 (1) Large family day care facilities subject to the
requirements of section 24-265 .
10 (2) Bed and breakfast home.
i (e) Uses requiring an administrative permit. The following
11 uses may be permitted subject to the requirements of
section 24-40 :
12 (1) Home occupations subject to the requirements of section
13 24-270.
(2) Temporary uses as listed in section 24-300 .
14 (3) A temporary mobile home subject to the requirements of
sections 24-295 and 24-295. 10 .
15
16
Front Side Rear
17 (Zone Lot ; Lot Yard Yard Yard
District Area Width ! SetbackiSetbackSetback
18 .. . .........._. .
IAR See I 65' 201 * 5' S'
19 II I-S-
ection f
- - -' 24-75 '-- - 1 - - -
20
(AR-% . ...-- -� .acre .IF—
....._6.5. ......_ i.....2V/*......i 1... 5
.. 5. . . .i .._ ...5.�... ...
.
21 IAR-1 ._. ! . 1 acre IF 130.x. .... ...20,.*._. F 10�..._. . ..10�.. ..
22 AR-2 . 5 2 .5 130' 20' * 10' 10'
acres I�� '
23 I _R 5 5 acres.I..... 1.301. ...i_ _20� *._...I- -10��..
I 1
-10_...._.. ----10-~_ F—Y
30'
24 I 20' * 10' 10'
25
acres ! .. . . {
26 * Minimum front yard setback shall be twenty (20) feet from
the edge of the ultimate right-of-way from all public or
27 private roads except where the road is classified as a
federal aid road, in which case the setback shall be
2
1 twenty-five (25) feet from the edge of the ultimate right
-
of-way.
2
3 Section 2 . Severability. If any provision of this
4 Ordinance or the application thereof toany person or
5 circumstances is for any reason held to be invalid by a court of
6 competent jurisdiction, such provision shall be deemed
7 severable, and the invalidity. thereof shall not affect the
8 remaining provisions or other applications of the Ordinance
9 which can be given effect without the invalid provision or
10 application thereof .
11
12 Section 3 . Effective Date and Publication. This Ordinance
13 shall take effect thirty (30) days after the date of its
14 passage. The Clerk of the Board of Supervisors is authorized
15 and directed to publish this ordinance before the expiration of
16 fifteen (15) days after its passage. This Ordinance shall be
17 published once, with the names of the members of the Board of
18 Supervisors voting for and against it, in the Chico Enterprise
19 Record, a newspaper of general circulation published in the
20
County of Butte, State of California.
21
22
23
24
25
26
27
3
I PASSED AND ADOPTED by the Board of Supervisors of the
2 County of Butte, State of California, on the 21st day of
3 November, 2006, by the following vote:
4 AYES : Supervisors Connelly, Dolan, Yamaguchi and Chair Josiassen
5
NOES: None
6
ABSENT: None
7
NOT VOTING: None
8 i
9 —
T SIASSEN, Chair
10
ATTEST:
11
12 PAUL MCINTOSH, Chief Administrative Officer
and Clerk jg�fhe Board of Supe visors
13
14 By:
De y
15
16
17
18
19
20
21
22
23
24
25
26
27
4
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA REPORT—NOVEMBER 21, 2006
Applicant: County of Butte Location: County-wide
File#: ZCA 05-05 Parcel Size: N/A
Request: Zoning Code Amendment to Supervisor 1-5
Section 24-95 of the Butte Districts:
County Code to allow medical
and dental clinics and offices
as conditional uses in the AR
(Agricultural Residential)
zones with the issuance of a
Use Permit
G.P.: Various Planner: Mark Michelena
Zoning: AR through AR-10 Attachments:
A: Proposed Ordinance
Zone Date: N/A B: Planning Commission
Agenda Report/Minutes of
October 26, 2006
C: Minute Order from Board of
Supervisors (0503-012)
EXECUTIVE SUMMARY:
The Department of Development Services was directed by the Board of Supervisors to process a
Zoning Code Amendment to Butte County Code Section 24-95 (Agricultural Residential) to
conditionally allow neighborhood dental and medical clinics within the AR through AR-10
Zoning Districts.
The Zoning Code Amendment was presented to the Planning Commission on October 26, 2006,
and the Planning Commission recommends that the Board of Supervisors approve Zoning Code
Amendment 05-05, per the proposed,ordinance (Attachment A).
PLANNING COMMISSION COMMENTS AND RECOMMENDATIONS
Attachment B includes the Planning Commission Agenda Report, including staff analysis and
meeting minutes of the October 26, 2006 meeting. The Planning Commission recommended one
modification to the proposed zoning code amendment:
■ BUTTE COUNTY BOARD OF SUPERVISORS AGENDA REPORT■
■November 21,2006 ■ Zoning Ordinance Amendment-ZCA 05-05 ■ Page 1 of 3 ■
• To allow medical and dental clinics and offices as conditional uses in the AR
(Agricultural Residential) zones with the issuance of a Use Permit.
ACTION FOR CONSIDERATION: The Planning Commission recommends that the Board
of Supervisors take the following action:
The Board of Supervisors, following public hearing and discussion, adopts the following
findings with regard to the proposed ordinance amendment to allow medical dental and dental
clinic and offices as conditional uses in the AR (Agricultural Residential) zones with the
issuance of a Use Permit:
I. The Zoning Code Amendment has been the subject of staff study and public comment,
and has been prepared for the purpose of allowing medical and dental clinics and offices
as conditional uses in the AR zones.
II. The Board of Supervisors finds the project exempt from the California Environmental
Quality Act under the General Rule exemption Section 15061(b)(3).
III. The Board of Supervisors approves Zoning Code Amendment 05-05 to allow medical
and dental clinics and offices as conditionally permitted uses in the A-R (Agricultural
Residential) zone based on the following findings:
A. The proposed zoning code amendment is consistent with the Butte County
General Plan Goals and Policies, particularly Land Use Element Policies:
3.3 Small businesses in the home can provide self-employment and a degree
of financial independence for the residents. Similarly, offices and
commercial uses in residential areas can sometimes provide convenient
service to area residents. Some offices and services can be compatible
with residential uses if sufficient limitations and conditions are places on
the business activities.
3.3.a. Allow home occupations and compatible types of commercial uses
were approved of in residential areas.
4.3 The purpose and function of commercial facilities relate directly to the
marked demand for such services. The public derives the most value for
its investments when individuals are encouraged to enter the market place
who are willing to compete in offering goods and services in relation to
"supply and demand".
4.3.a. Encourage a full range of commercial services at the regional,
community and neighborhood levels.
4.3.b. Coordinate future commercial facilities with existing and proposed
transportation systems, utilities and other public facilities.
. BUTTE COUNTY BOARD OF SUPERVISORS AGENDA REPORT■
■November 21,2006 ■ Zoning Ordinance Amendment-ZCA 05-05 ■ Page 2 of 3 ■
4.3.d. Designate retail and service commercial areas in close proximity to
residential development.
B. Medical and dental clinics and offices are desirable in the Agricultural-Residential
zoning district to provide health services to residential areas not located in
proximity to office/commercial areas.
■ BUTTE COUNTY BOARD OF SUPERVISORS AGENDA REPORT■
■November 21,2006 ■ Zoning Ordinance Amendment-ZCA 05-05 ■ Page 3 of 3 ■
1 Ordinance No.
2 ZONING CODE AMENDMENT 05-05: ORDINANCE AMENDING SECTION 24-95
3 REGARDING CONDITIONALLY PERMITTED USES IN CHAPTER 24, ENTITLED
4 ,ZONING", OF THE BUTTE COUNTY CODE
5
6 The Board of Supervisors of the County of Butte ordains as
follows :
7
Section 1 . Section 24-95 of Chapter 24 of the Butte
8 County Code is amended to read as follows :
9
The following permitted uses, uses requiring a use permit,
10 and administrative uses shall apply to all zones AR through
AR-10 . Uses that are unique to a particular zone and site
11 requirements for each zone will be listed separately.
12 (a) Uses permitted:
(1) One (1) single-family dwelling or modular home per
13 parcel .
(2) The use of a single-family residence as a small family
14 day care home, licensed family care home, foster home, or
group home for mentally disordered or otherwise handicapped
15 persons or neglected children. Said homes shall serve six
16 (6) or fewer persons and shall be subject to all applicable
state regulations and limitations .
17 (b) Accessory uses :
(1) Those uses and structures normally associated with a
18 single-family residential use and are in conjunction with
19 or incidental to the residential use, including but not
limited to a garage, workshop, shed, garden, private
20 swimming pool, private tennis court, gazebo, spa, etc .
(2) A guest house as defined by section 24-305 . 175 of the
21 Butte County Code .
(3) Second dwelling unit subject to the requirements of
22 section 24-280 .
23 (4) Agricultural uses, including the keeping of animals,
subject to the animal maintenance requirements of sections
24 24-255 . 1 through 24-255 . 15, inclusive, of this Code.
(c) Uses requiring use permits . The following uses are
25 permitted subject to a use permit:
26 (1) Duplex dwellings, multiple residences, and multiple-
family dwellings subject to the density allowed by the.
27 general plan, and bed and breakfast inns .
1
1 (2) Golf courses and country clubs, including but not
limited to accessory uses such as driving range, pro shop,
2 cocktail bar, restaurant.
(3) Public and quasi-public uses .
3 (4) Commercial poultry farming and livestock farming,
nurseries and plant gardens .
4 (5) veterinary clinics, kennels .
5 (6) Medical and Dental Clinics and offices
(67) Sales tract office .
6 (-78) Mobile home parks subject to the density of the
general plan in the AR, AR-1/2 , and AR-1 zones only.
7 (d) Uses requiring a minor use permit . The following uses
may be permitted subject to the requirements of section 24-
8 41 :
9 (1) Large family day care facilities subject to the
requirements of section 24-265 .
10 (2) Bed and breakfast home.
(e) Uses requiring an administrative permit. The following
11 uses may be permitted subject to the requirements of
section 24-40 :
12 (1) Home occupations subject to the requirements of section
13 24-270 .
(2) Temporary uses as listed in section 24-300 .
14 (3) A temporary mobile home subject to the requirements of
sections 24-295 and 24-295 . 10 .
15
16
Front Side Rear
17 Zone Lot Lot Yard Yard Yard
District Area Width Setback. Setback Setback
18
AR See 65' 20' * 5' 5'
19 section
24-75
20
AR-� .% acre . 65' 20' *
21 AR-1 __ , 1 acre 130' 20' * 10' 10'
22 AR-2 . 5 2 . 5F
acres
23 AR-5 5 acres F 130' F76' * . 10' 10'
24 AR-10 10
acres
25 =
26 * Minimum front yard setback shall be twenty (20) feet from
the edge of the ultimate right-of-way from all public or
27 private roads except where the road is classified as a
federal aid road, in which case the setback shall be
2
1 twenty-five (25) feet from the. edge of the ultimate right-
of-way.
ight-
of-way.
2
3 Section 2 . Severability. If any provision of this
4 Ordinance or the application thereof to any person or
5 circumstances is for any reason held to be invalid by a court of
6 competent jurisdiction, such provision shall be deemed
7 severable, and the invalidity thereof shall not affect the
8 remaining provisions or other applications of the Ordinance
9 which can be given effect without the invalid provision or
10 application thereof .
11
12 Section 3 . Effective Date and Publication. This Ordinance
13 shall take effect thirty (30) days after the date of its
14 passage. The Clerk of the Board of Supervisors is authorized
15 and directed to publish this ordinance before the expiration of
16 fifteen (15) days after its passage. This Ordinance shall be
17 published once, with the names of the members of the Board of
18 Supervisors voting for and against it, in the Chico Enterprise
19 Record, a newspaper of general circulation published in the
20
County of Butte, State of California.
21
PASSED AND ADOPTED by the Board of Supervisors of the County of
22
Butte, State of California, on the day of
23
2006, by the following vote:
24
25
26 YES:
27 NOES:
3
1 ABSENT:
2 NOT VOTING:
3
4 Curt Josiassen, Chair of the
5 Butte .County Board of Supervisors
6
ATTEST: PAUL McINTOSH*, Chief Administrative
7 Officer and Clerk of the Board
8
By
9
10
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• •
BU 7E COUNTY CLERK OF THE BOARD USE ONLY
BOARD OF SUPERVISORS MEETING DATE: D 2005
AGENDA TRANSMITTAL ,
AGENDA ITEM:
AGENDA TITLE: Changes to Permitted Uses in Agricultural Residential AR Zoned Areas
DEPARTMENT: Administration DATE: 02/04/05 MEETING DATE REQUESTED: 02/08/05
CONTACT: Paul McIntosh, CAO PHONE: 538-7224 REGULAR—X—CONSENT _
DEPARTMENT SUMMARY AND REQUESTED ACTION: A problem in the/oil ing Ordinance has been brought
tel Our attention by a resident in Magalia. The owner o1'Magalia-fines Fanlily Practice Medical Clinic has acquired a
parcel in Magalia and would like to build a small medical ol'fice to service residents in that arca. The parcel is zoned
Alt. Under the current ordinance. this is not a permitted use (see attached -- section (c) Uscs requiring use permits.).
Supervisor Yamaguchi has asked that this matter he bn1.1011 to the 130arcl's attention to see I f a ehailge In the ordll1a11CC
is Supported by the Board. Ail Option to be considered is adding an 0 category under Scction (c) that could allow a
medical facility with a sire limitation. for example 1.000 to 5.000 square feet. This would enable the COnStRiCtion Of'
neigllborhood dental and medical clinics in areas to better scree residents in a stele and manner conducive to a residential
area.
ACTION REQUESTED: DISCUSS and provide direction to staff regardin" a requCSt by Superviulr Y,11na`LIIICIII to
modily Butte ('ou111V 0rdinance ,S-9S to enable the Construction ofsnmll medical Of'lices within Auricultural
Rcsidential (AR) zoninu.
AGENDA 1"1'1":11"1 SUBMITTALS REQUIRE TIIE ORIGINAL AND NINE (9) COINS
A T T.•1 CII EXPL.•1 NA TORY,11E1110RA ND(1:41 AND OTHER B,1 CKGROUA'D IN FORt1-1,1 770N AS NE('IsSS:t R Y
Budyetanv Impact: Yes No XX CAO OFFICE USE ONLY
If des, complete Budgetan Impact Worksheet on hack
Budget Transfer Requested: Yes_ Nu_XX Administrative Office Review Paul McIntosh
If des,complete Budget Transfer Request Worksheet on back. Administrative Office Staff Contact Paul McIntosh
(Deadline is one business day prior to normal agenda deadline)
Will Proposal Require an Agreement: lies—X_ No 415's Vote Required: Yes: No: XX—
Auditor-C'ontrollers Number(if required):
Counly Counsels Approval: Yes No Date Received by Clerk of Board:
Will Proposal Require Additional Personnel: Yes No—X—
Number of Permanent: Temp Extra help
Previous Board Action Date: Additional hil'o nlation Attached:
Describe:
No%INS
• •
24-95 AR through AR-10 (Agricultural Residential) Zones.
-I ne following permitted uses, uses requiring a use permit, and administrative uses shall apply to all zones AR through
ARMH-10. Uses that are unique to a particular zone and site requirements for each zone will be listed separately.
(a) Uses permitted:
(1)One(1) single-family dwelling or modular home per parcel.
(2) The use of a single-family residence as a small family day care home, licensed family care home, foster home, or group
home for mentally disordered or otherwise handicapped persons or neglected children. Said homes shall serve six (6)or
fewer persons and shall be subject to all applicable state regulations and limitations.
(b)Accessory uses:
(1)Those uses and structures normally associated with a single-family residential use and are in conjunction with or
incidental to the residential use, including but not limited to a garage, workshop, shed, garden, private swimming pool,
private tennis court, gazebo, spa, etc.
(2)A guest house as defined by section 24-305.175 of the Butte County Code.
(3)Agricultural uses, including the keeping of animals, subject to the animal maintenance requirements of sections 24-
255.1 through 24-255.15, inclusive, of this Code.
(c) Uses requiring use permits. The following uses are permitted subject to a use permit:
(1) Duplex dwellings, multiple residences and multiple-family dwellings subject to the density allowed by the general plan
and bed and breakfast inns.
(2)Golf courses and country clubs, including but not limited to accessory uses such as driving range pro shop, cocktail bar.
restaurant.
(3) Public and quasipublic uses.
(4) Commercial poultry farming and livestock farming. nurseries and plant gardens.
(5)Veterinary clinics. kennels.
(6) Sales tract office.
(7) Mobile home parks subject to the density of the general plan in the AR. AR-%, and AR-1 zones only.
(d) Uses requiring a minor use permit. The following uses may be permitted subject to the requirements of section 24-41:
(1) Large family day care facilities subject to the requirements of section 24-265.
(2) Second dwelling unit subject to the requirements of section 24-280.
(3) Bed and breakfast home.
(e) Uses requiring an administrative permit. The following uses may be permitted subject to the requirements of section 24-
40:
(1) Home occupations subject to the requirements of section 24-270.
(2)Temporary uses as listed in section 24-300.
(3)A temporary mobile home subject to the requirements of sections 24-295 and 24-295.10. (Ord. No. 3176. § 1(Exh. A), 1-
24-95)
Definititions
24-305.440 Use, public. A use operated exclusively by a public body, having the purpose of serving the public health, safety
or general welfare, and including such uses as public schools, parks, libraries, playgrounds, hospitals and administrative
and service facilities.
24-305.450 Use, quasipublic. A use operated by a private nonprofit educational, religious, recreational, charitable, fraternal,
or medical institution, association or organization, said use having the purpose primarily of serving the general public. and
including, but not limited to, such uses as churches, private schools, universities, community youth and senior citizen
recreational facilities, meeting halls, private hospitals, public utility facilities unless preempted from local review by state or
federal regulations, private schools, daycare centers, fraternities, sororities, and the like.
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-FEBRUARY 8,2005
CLOSED SESSION
RECESS: THE BOARD RECESSED AT 12 :18 A.M. TO A CLOSED
SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING
INITIATION OF LITIGATION PURSUANT TO GOVERNMENT
CODE SECTION 54956 . 9 (c) : ONE POTENTIAL CASE;
CONFERENCE WITH LEGAL COUNSEL REGARDING
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956 . 9 (b) (1) : ONE
POTENTIAL CASE; AND CONFERENCE WITH LEGAL COUNSEL
REGARDING ACTUAL LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956 . 9 (a) : C.S.M.C.S.
(CASE NO. ARB-03-2357) . (**2775)
RECONVENE: THE BOARD RECONVENED AT 1 :30 P.M. FROM A CLOSED
SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING
INITIATION OF LITIGATION PURSUANT TO GOVERNMENT
CODE SECTION 54956 . 9 (c) : ONE POTENTIAL CASE;
CONFERENCE WITH LEGAL COUNSEL REGARDING
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956 .9 (b) (1) : ONE
POTENTIAL CASE; AND CONFERENCE WITH LEGAL COUNSEL
REGARDING ACTUAL LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956 . 9 (a) : C.S.M.C.S.
(CASE NO. ARB-03-2357) . (**2819) (NO
ANNOUNCEMENTS)
REGIILAR AGENDA
0503-010 Information Technology - Challenges and Opportunities - Report to
the Board - a comprehensive overview of the state of information
technology in the County - action requested - ACCEPT REPORT AND
RECOMMENDATIONS. (**2834)
MOTION: I MOVE TO ACCEPT THE REPORT AND RECOMMENDATIONS.
S M
VOTE: 1 Y 2 Y 3 Y"4 Y 5 Y (Unanimously Carried)
0503-011 Changes to Permitted Uses in Agricultural Residential (AR) Zoned
Areas - discussion regarding a possible change to Section 24-05
"AR Through AR-10 (Agricultural Residential) Zones" of the Butte
County Zoning Ordinance to allow construction of neighborhood
dental and medical clinics in areas to better serve residents in
a style and manner conducive to a residential area - action
requested - DISCUSS AND PROVIDE DIRECTION STAFF. . (**3123) (***00)
MOTION: I MOVE TO DIRECT STAFF TO PROCEED WITH AMENDING THE AR ZONE TO
CONSIDER SMALL MEDICAL (AND DENTAL) CLINICS UNDER USES REQUIRING
A USE PERMIT.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MINUTES PAGE 12 FEBRUARY 8,2005
BUTTE COUNTY CLE F THE BOARD USE ONLY
BOARD OF SUPERVISORS MEETING DATE:
AGENDA TRANSMITTAL AGENDA ITEM:
Zoning Code Amendment (ZCA 05-05) to Butte County Code Section 24-95 to
AGENDA TITLE: allow as conditionally permitted uses, medical and dental clinics and offices
DDS, MEETING DATE 11/21/06
DEPARTMENT: Planning DATE: 11/2/06 REQUESTED:
Mark REGULAR X CONSENT
CONTACT: Michelena PHONE: 538-7376
DEPARTMENT SUMMARY AND REQUESTED BOARD ACTION: Zoning Code Amendment to
Section 24-95 of the Butte County Code to allow medical and dental clinics and offices as conditional
uses in the AR (Agricultural Residential) zones with the issuance of a Use Permit to better serve
residential areas. The Planning Commission held a public hearing on October 26, 2006 to consider the
proposed zoning code amendment and recommends approval to the Board of Supervisors.
ACTION REQUESTED: The Board of Supervisors:
1. Find the project exempt from the California Environmental Quality Act under the General Rule
exemption Section 15061(b)(3); and
2. Adopt ordinance amending Section 24-95 Agricultural Residential to Chapter 24 of the Butte
County Code, to allow medical and dental clinics and offices as conditionally permitted uses,
with findings.
AGENDA ITEM SUBMITTALS REQUIRE THE ORIGINAL (1) IN A FORMAT THAT CAN BE
REPRODUCED BY STANDARD OFFICE EQUIPMENT
ATTACH EXPLANATORY MEMORANDUM AND OTHER BACKGROUND INFORMATION AS NECESSARY
Budgetary Impact: Yes No X CAO OFFICE USE ONLY
If yes, complete Budgetary Impact Worksheet on back
Budget Transfer Requested: Yes No x Administrative Office Review
If yes, complete Budget Transfer Request Worksheet on
back. Administrative Office Staff Contact
(Deadline is one business day prior to normal agenda
deadline.) 4/5/s Vote Required: Yes: _ No:
Will Proposal Require an Agreement: Yes No x
Auditor-Controller's Number(if Date Received by Clerk of the Board:
required):
County Counsel's Approval: Yes No x
Will Proposal Require Additional Personnel: Yes No x
Number of Permanent: Temp
Extra Help
Previous Board Action Date: Additional Information Attached: Yes x No
Describe: memo
Rev. 06/02
SPEI&L INSTRUCTIONS TO CLEIe
Number of originals required to be returned to Department: 1
"Please Note' Department is responsible for returning contract to contractor. Clerk of the Board
returns completed Auditor's copy ONLY.
Requested Board Action:
Ordinance Required X Resolution Required Minute Order Required For Information Only
BUDGETARY IMPACT WORKSHEET
Current Year Estimated Cost/Funding Source Source of Additional Funds Requested
Estimated Cost $ Contingencies $
(Fund Name: )
(Fund Number: )
Amount Budgeted $ Unanticipated Revenue $
(Budget Unit Number: ) (Source: )
(Fund Name: ) (Rev. Code: )
(Fund Number: )
Other Transfer(s)
1. Complete worksheet below
2. Deadline is one business day prior
To normal agenda deadline
Additional Requested $ Total Source of Funds $
Annualized cost $ if also planned for next year.
Budget Transfer Authorized By Administrative Office
Board Action Required for B-Transfer? Yes No
Authorized Signature Date
BUDGET TRANSFER REQUEST WORKSHEET
Transfer Request:
AMOUNT LINE ITEM LINE ITEM
Transfer $ (No Cents) From To
Transfer $ (No Cents) From To
Transfer $ (No Cents) From To
Transfer $ (No Cents) From To
BUTTE COUNTY BOARD OF SUPERVISORS
NOTICE OF A PUBLIC HEARING
Notice is hereby given by the Butte County Board of Supervisors that a public hearing is published
for Tuesday,November 21, 2006, at 10:45 a.m. in the Butte County Board of Supervisors' Room,
County Administration Center,25 County Center Drive,Oroville,California,regarding the following
item:
ITEM DETERMINED TO BE A GENERAL RULE EXEMPTION
FROM ENVIRONMENTAL REVIEW
Name: County of Butte Project: Zoning Code Amendment, ZCA 05-05
Planner: Mark Michelena
Location: County-wide
Proposal: Zoning Code Amendment to Section 24-95 of the Butte County Code to allow medical
and dental clinics and offices as conditional uses in the AR(Agricultural Residential)zones with the
issuance of a Use Permit to better serve residential areas.
The above-mentioned application is 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,-contact Mark Michelena at(530)538-7376,(Monday through Friday,
7:30 a.m.to 4:30 p.m.),or by email at mmichelena@buttecounty.net. 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. After recommendation by the Planning Commission the project will be
forwarded to the Clerk of the Board of Supervisors for action. If you challenge the above application
in court, you may be limited to raising only those issues you or someone else raised at public
hearing(s) or in written correspondence delivered prior to, the public hearing(s).
BUTTE COUNTY PLANNING COMMISSION
TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES
To be published in the 1/8 page display add all papers.
Chico Enterprise Record/Mercury Register, and Paradise Post, ,November , 2006.
Gridley Herald, ,November , 2006.
BUTTE COUNTY PLANNING COMMISSION
AGENDA REPORT—OCTOBER 26, 2006
Applicant: County of Butte Location: County-wide
File#: ZCA 05-05 Parcel Size: N/A
Request: A Zoning Code Amendment to Supervisor 1-5
Butte County Code Section 24- Districts:
95 (Agricultural Residential) to
allow medical and dental
clinics within the AR through
AR-10 Zoning Districts.
G.P.: Various Planner: Mark Michelena
Zoning: AR through AR-10 Attachments:
A: Resolution recommending
approval
Zone Date: N/A B: Minute Order from Board of
Supervisors (0503-012)
C: Draft Ordinance
EXECUTIVE SUMMARY:
The Department of Development Services was directed by the Board of Supervisors to process a
Zoning Code Amendment to Butte County Code Section 24-95 (Agricultural Residential) to
allow medical and dental clinics within the AR through AR-10 Zoning Districts. Staff
recommends that the Planning Commission adopt the attached resolution recommending
approval of Zoning Code Amendment 05-05 per the draft ordinance (Attachment A).
PROJECT DESCRIPTION:
A Zoning Code Amendment to Butte County Code Section 24-95 (Agricultural Residential) to
allow medical and dental clinics within the AR through AR-10 Zoning Districts.
GENERAL PLAN ANALYSIS:
The proposed amendment is consistent with the following Land Use Element programs and
polices:
■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■
■ October 26,2006 ■Zoning Ordinance Amendment-ZCA 05-05 ■ Page 1 of 6■
3.3 Commercial Uses
Small businesses in the home can provide self-employment and a degree of financial
independence for the residents. Similarly, offices and commercial uses in residential
areas can sometimes provide convenient service to area residents. Some offices and
services can be compatible with residential uses if sufficient limitations and conditions
are places on the business activities.
3.3.a. Allow home occupations and compatible types of commercial uses were
approved of in residential areas. (Grammar remains as adopted.)
Medical and dental clinics will provide necessary health services as well as "convenient
service to area residents. " The requirement to obtain a use permit to establish medical
and dental clinics will ensure "sufficient limitations and conditions are placed on the
business activities"so that clinics are compatible with surrounding residential uses.
4.3 Commercial Services
The purpose and function of commercial facilities relate directly to the marked demand
for such services. The public derives the most value for its investments when individuals
are encouraged to enter the market place who are willing to compete in offering goods
and services in relation to "supply and demand".
4.3.a. Encourage a full range of commercial services at the regional, community
and neighborhood levels.
4.3.b. Coordinate future commercial facilities with existing and proposed
transportation systems, utilities and other public facilities.
4.3.c Designate sufficient land for commercial facilities to fulfill the needs for
services and employment.
4.3.d. Designate retail and service commercial areas in close proximity to
residential development.
Medical and dental clinics provide necessary public health services. Allowing them to
locate in the AR zone, with the issuance of a use permit, provides an opportunity to
designate additional land for necessary public health services in or near the residential
markets they serve.
PROJECT ANALYSIS:
• Medical and dental clinics are conditionally permitted uses in the R-1, R-2, R-3, and R-4
zoning districts. Medical and dental clinics are permitted uses in commercial zoning
districts. Substantial residential populations exist outside the R-1 to R-4 and commercial
zoning districts, especially outside the larger urbanized communities.
• The AR zones currently allow the development of single-family homes and accessory
facilities as permitted uses. With the issuance of a use permit, the AR zones currently allow
duplexes, golf courses, country clubs, commercial poultry farming and livestock farming,
■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■
■ October 26,2006 ■ Zoning Ordinance Amendment-ZCA 05-05 ■ Page 2 of 6■
plant nurseries, veterinary clinics, kennels, public and quasi-public uses and mobile home
parks.
• Quasi-public uses (conditionally-permitted in the AR zone) are defined in section 24-305.450
as "A use operated by a private nonprofit educational, religious, recreational, charitable,
fraternal, or medical institution, association or organization, said use having the purpose
primarily if serving the general public, and including, but not limited to, such uses as
churches, private schools, universities, community youth and senior citizen recreational
facilities, meeting halls, private hospitals, public utility facilities unless preempted from local
review by state or federal regulations, private schools, daycare centers, fraternities, sororities,
and the like."
• Veterinary clinics and private hospitals (conditionally-permitted uses) and medical and dental
clinics (proposed conditionally-permitted uses) are quite similar from a land use planning
perspective and are likely to generate similar environmental effects.
• The ability to locate medical and dental clinics near, or adjacent to, residences will provide a
necessary service to local residents.
• Medical and dental clinics are desirable in the Agricultural-Residential zoning district to
provide health services to residential areas not located in proximity to office/commercial
areas or R-1 to R-4 zoning districts.
• If proposed Zoning Code Amendment ZCA 05-05 is approved, the Planning Commission
would be responsible for approving, conditionally approving, or denying future use permit
applications for medical and dental clinics in the AR zone pursuant to Chapter 24-45 of the
Butte County Code. It would utilize section 24-45.10 specifically as the criteria for granting
the future use permits:
The Planning Commission, on the basis of the evidence submitted at the
hearing, may grant use permits required by the provisions of this chapter when
it finds that the proposed uses of the property will not impair the integrity and
character of the zone in which the land lies and that the use would not be
unreasonably incompatible with, or injurious to, surrounding properties or
detrimental to the health and general welfare of the persons residing or
working in the neighborhood or to the general health, welfare, and safety of
the county.
ENVIRONMENTAL REVIEW:
The proposed Zoning Code .Amendment ZCA 05-05 qualifies as exempt from the California
Environmental Quality Act(CEQA) for either of the two following reasons:
1) No construction is being permitted by proposed Zoning Code Amendment ZCA 05-05.
Future medical and dental clinics will require a conditional use permit and associated
environmental review. The requirement for medical and dental clinics to obtain a use permit
prior to construction would ensure that proposed Zoning Code Amendment ZCA 05-05 would
not have the potential for causing a significant effect on the environment. Therefore, it can be
seen with certainty, due the need for a use permit and related environmental review, that there is
■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■
■ October 26,2006 ■ Zoning Ordinance Amendment-ZCA 05-05 ■ Page 3 of 6■
no possibility that proposed Zoning Code Amendment ZCA 05-05 in question may have a
significant effect on the environment and is considered exempt from environmental review under
the General Rule exemption Section 15061(b)(3). This section states that CEQA applies only to
projects which have the potential for causing a significant effect on the environment.
2) Medical or dental clinics are quite similar to uses already allowed with a use permit in the AR
zones including private hospitals and veterinary clinics. Section 24.65 of the Butte County Code
states " All uses of land within a zoned district not specifically authorized or permitted by the
regulations are prohibited unless they have been found to be substantially similar to other
permitted, conditional, or accessory uses by the director of development services or designee, the
planning commission or board of supervisors." The director of development services has found
medical and dental clinics to be substantially similar to other conditionally permitted uses in the
AR zone. Therefore, medical and dental clinics are already a conditionally permitted use in the
AR zone even without proposed Zoning Code Amendment ZCA 05-05 .
■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■
■ October 26;2006 ■ Zoning Ordinance Amendment-ZCA 05-05 ■ Page 4 of 6■
RESOLUTION -
A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION
RECOMMENDING APPROVAL OF REZONE 05-05
WHEREAS, the Planning Commission has considered Rezone 05-05 for the Department
of Development Services in accordance with Chapter 24, Zoning, of the Butte County Code, to
allow as conditionally permit uses, medical and dental clinics in the Agricultural Residential
zones; and
WHEREAS, the Planning Commission finds the project exempt from the California
Environmental Quality Act under the General Rule exemption Section 15061(b)(3); and
WHEREAS, a duly notified public hearing was held on October 26, 2006; and
WHEREAS, the Planning Commission has considered direction from the Board of
Supervisors, public comments and a report from the Planning Division:
NOW THEREFORE, BE IT RESOLVED, that the Planning Commission:
1. Recommends that the Board of Supervisors find the project exempt from the California
Environmental Quality Act under the General Rule exemption Section 15061(b)(3)
subject to the following findings:
A. No construction is being permitted by proposed Zoning Code Amendment ZCA
05-05. Future medical and dental clinics will require a conditional use permit and
associated environmental review. The requirement for medical and dental clinics to
obtain a use permit prior to construction would ensure that proposed Zoning Code
Amendment ZCA 05-05 would not have the potential for causing a significant effect on
the environment. Therefore, it can be seen with certainty, due the need for a use permit
and related environmental review, that there is no possibility that proposed Zoning Code
Amendment ZCA 05-05 in question may have a significant effect on the environment
and is considered exempt from environmental review under the General Rule exemption
Section 15061(b)(3). This section states that CEQA applies only to projects which have
the potential for causing a significant effect on the environment.
B. Medical or dental clinics are quite similar to uses already allowed with a use
permit in the AR zones including private hospitals and veterinary clinics. Section 24.65
of the Butte County Code states " All uses of land within a zoned district not specifically
authorized or permitted by the regulations are prohibited unless they have been found to
be substantially similar to other permitted, conditional, or accessory uses by the director
of development services or designee, the planning commission or board of supervisors."
The director of development services has found medical and dental clinics to be
substantially similar to other conditionally permitted uses in the AR zone. Therefore,
■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■
■ October 26,2006 ■ Zoning Ordinance Amendment-ZCA 05-05 ■ Page 5 of 6■
s •
medical and dental clinics are already a conditionally permitted use in the AR zone even
without proposed Zoning Code Amendment ZCA 05-05 .
II. Recommends that the Board of Supervisors approve Zoning Code Amendment ZCA 05-
05 to allow medical and dental clinics as conditionally permitted uses in the A-R
(Agricultural Residential) zone subject to the following findings:
A. The proposed zoning code amendment is consistent with the Butte County
General Plan Goals and Policies, Land Use Element Policy 3.3 because medical
and dental clinics will provide necessary health services as well as "convenient
service to area residents." The requirement to obtain a use permit to establish
medical and dental clinics will ensure "sufficient limitations and conditions are
places on the business activities" so that clinics are compatible with surrounding
residential uses.
B. The proposed zoning code amendment is consistent with the Butte County
General Plan Goals and Policies, Land Use Element Policy 4.3 because allowing
medical and dental clinics to locate in the AR zone, with the issuance of a use
permit, provides an opportunity to designate additional land for necessary public
health services in or near the residential markets they serve.
C. Medical and dental clinics are desirable in the Agricultural-Residential zoning
district to provide health services to residential areas not located in proximity to
office/commercial areas or R-1 to R-4 zoning districts.
DULY PASSED AND ADOPTED this 26th day of October, 2006, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chuck Nelson- Chairman
Planning Commission
County of Butte, State of California
ATTEST:
LYNN RICHARDSON, Secretary
Planning Commission
County of Butte, State of California
■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■
■ October 26,2006 ■ Zoning Ordinance Amendment-ZCA 05-05 ■ Page 6 of 6■
BUTTE COUNTY PLANNING COMMISSION
AGENDA REPORT—OCTOBER 26, 2006
Applicant: County of Butte Location: County-wide
File#: ZCA 05-05 Parcel Size: N/A
Request: A Zoning Code Amendment to Supervisor 1-5
Butte County Code Section 24- Districts:
95 (Agricultural Residential) to
conditionally allow medical
and dental clinics and offices
within the AR through AR-10
Zoning Districts.
G.P.: Various Planner: Mark Michelena
Zoning: AR through AR-10 Attachments:
A: Resolution recommending
approval
Zone Date: N/A B: Minute Order from Board of
Supervisors (0503-012)
C: Draft Ordinance
EXECUTIVE SUMMARY:
The Department of Development Services was directed by the Board of Supervisors to process a
Zoning Code Amendment to Butte County Code Section 24-95 (Agricultural Residential) to
conditionally allow medical and dental clinics and offices within the AR through AR-10 Zoning
Districts. Staff recommends that the Planning Commission adopt the attached resolution
recommending approval of Zoning Code Amendment 05-05 per the draft ordinance (Attachment
A).
PROJECT DESCRIPTION:
A Zoning Code Amendment to Butte County Code Section 24-95 (Agricultural Residential) to
conditionally allow medical and dental clinics and offices within the AR through AR-10 Zoning
Districts.
■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■
■ October 26,2006 ■ Zoning Ordinance Amendment-ZCA 05-05 ■ Page 1 of 6■
i
GENERAL PLAN ANALYSIS:
The proposed amendment is consistent with the following Land Use Element programs and
polices:
3.3 Commercial Uses
Small businesses in the home can provide self-employment and a degree of financial
independence for the residents. Similarly, offices and commercial uses in residential
areas can sometimes provide convenient service to area residents. Some offices and
services can be compatible with residential uses if sufficient limitations and conditions
are places on the business activities.
3.3.a. Allow home occupations and compatible types of commercial uses were
approved of in residential areas. (Grammar remains as adopted.)
Medical and dental clinics and offices will provide necessary health services as well as
"convenient service to area residents. " The requirement to obtain a use permit to
establish medical and dental clinics will ensure "sufficient limitations and conditions are
placed on the business activities" so that clinics are compatible with surrounding
residential uses.
4.3 Commercial Services
The purpose and function of commercial facilities relate directly to the marked demand
for such services. The public derives the most value for its investments when individuals
are encouraged to enter the,market place who are willing to compete in offering goods
and services in relation to "supply and demand".
4.3.a. Encourage a full range of commercial services at the regional, community
and neighborhood levels.
4.3.b. Coordinate future commercial facilities with existing and proposed
transportation systems, utilities and other public facilities.
4.3.c Designate sufficient land for commercial facilities to fulfill the needs for
services and employment.
4.3.d. Designate retail and service commercial areas in close proximity to
residential development.
Medical and dental clinics and offices provide necessary public health services.
Allowing them to locate in the AR zone, with the issuance of a use permit, provides an
opportunity to designate additional land for necessary public health services in or near
the residential markets they serve.
PROJECT ANALYSIS:
• Medical and dental clinics and offices are conditionally permitted uses in the R-1, R-2, R-3,
and R-4 zoning districts. Medical and dental clinics are permitted uses in commercial zoning
i
i
j ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■
■ October 26,2006 ■Zoning Ordinance Amendment-ZCA 05-05 ■ Page 2 of 6■
districts. Substantial residential populations exist outside the R-1 to R-4 and commercial
zoning districts, especially outside the larger urbanized communities.
• The AR zones currently allow the development of single-family homes and accessory
facilities as permitted uses. With the issuance of a use permit, the AR zones currently allow
duplexes, golf courses, country clubs, commercial poultry farming and livestock farming,
plant nurseries, veterinary clinics, kennels, public and quasi-public uses and mobile home
parks.
• Quasi-public uses (conditionally-permitted in the AR zone) are defined in section 24-305.450
as "A use operated by a private nonprofit educational, religious, recreational, charitable,
fraternal, or medical institution, association or organization, said use having the purpose
primarily if serving the general public, and including, but not limited to, such uses as
churches, private schools, universities, community youth and senior citizen recreational
facilities, meeting halls, private hospitals, public utility facilities unless preempted from local
review by state or federal regulations, private schools, daycare centers, fraternities, sororities,
and the like."
• Veterinary clinics and private hospitals (conditionally-permitted uses) and medical and dental
clinics (proposed conditionally-permitted uses) are quite similar from a land use planning
perspective and are likely to generate similar environmental effects.
• The ability to locate medical and dental clinics and offices near, or adjacent to, residences
will provide a necessary service to local residents.
• Medical and dental clinics and offices are desirable in the Agricultural-Residential zoning
district to provide health services to residential areas not located in proximity to
office/commercial areas or R-I to R-4 zoning districts.
• If proposed Zoning Code Amendment ZCA 05-05 is approved, the Planning Commission
would be responsible for approving, conditionally approving, or denying future use permit
applications for medical and dental clinics in the AR zone pursuant to Chapter 24-45 of the
Butte County Code. It would utilize section 24-45.10 specifically as the criteria for granting
the future use permits:
The Planning Commission, on the basis of the evidence submitted at the
hearing, may grant use permits required by the provisions of this chapter when
it finds that the proposed uses of the property will not impair the integrity and
character of the zone in which the land lies and that the use would not be
unreasonably incompatible with, or injurious to, surrounding properties or
detrimental to the health and general welfare of the persons residing or
working in the neighborhood or to the general health, welfare, and safety of
the county.
ENVIRONMENTAL REVIEW:
The proposed Zoning Code Amendment ZCA 05-05 qualifies as exempt from the California
Environmental Quality Act (CEQA) for either of the two following reasons:
■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■
■ October 26,2006 ■Zoning Ordinance Amendment-ZCA 05-05 ■ Page 3 of 6■
1) No construction is being permitted by proposed Zoning Code Amendment ZCA 05-05.
Future medical and dental clinics and offices will require a conditional use permit and associated
environmental review. The requirement for medical and dental clinics to obtain a use permit
prior to construction would ensure that proposed Zoning Code Amendment ZCA 05-05 would
not have the potential for causing a significant effect on the environment. Therefore, it can be
seen with certainty,due the need for a use permit and related environmental review, that there is
no possibility that proposed Zoning Code Amendment ZCA 05-05 in question may have a
significant effect on the environment and is considered exempt from environmental review under
the General Rule exemption Section 15061(b)(3). This section states that CEQA applies only to
projects which have the potential for causing a significant effect on the environment.
2) Medical and dental clinics and offices are quite similar to uses already allowed with a use
permit in the AR zones including private hospitals and veterinary clinics. Section 24.65 of the
Butte County Code states " All uses of land within a zoned district not specifically authorized or
permitted by the regulations are prohibited unless they have been found to be substantially
similar to other permitted, conditional, or accessory uses by the director of development services
or designee, the planning commission or board of supervisors." The director of development
services has found medical and dental clinics to be substantially similar to other conditionally
permitted uses in the AR zone. Therefore, medical and dental clinics are already a conditionally
permitted use in the AR zone even without proposed Zoning Code Amendment ZCA 05-05 .
■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT.
■ October 26,2006 ■ Zoning Ordinance Amendment-ZCA 05-05 ■ Page 4 of 6■
RESOLUTION -
A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION
RECOMMENDING APPROVAL OF ZONING CODE AMENDMENT 05-05
WHEREAS, the Planning Commission has considered Zoning Code Amendment 05-05
for the Department of Development Services in accordance with Chapter 24, Zoning, of the
Butte County Code, to allow as conditionally permit uses, medical and dental clinics in the
Agricultural Residential zones; and
WHEREAS, the Planning Commission finds the project exempt from the California
Environmental Quality Act under the General Rule exemption Section 15061(b)(3); and
WHEREAS, a duly notified public hearing was held on October 26, 2006; and
WHEREAS, the Planning Commission has considered direction from the Board of
Supervisors, public comments and a report from the Planning Division:
NOW THEREFORE, BE IT RESOLVED, that the Planning Commission:
I. Recommends that the Board of Supervisors find the project exempt from the California
Environmental Quality Act under the General Rule exemption Section 15061(b)(3)
subject to the following findings:
A. No construction is being permitted by proposed Zoning Code Amendment ZCA
05-05. Future medical and dental clinics and offices will require a conditional use permit
and associated environmental review. The requirement for medical and dental clinics to
obtain a use permit prior to construction would ensure that proposed Zoning Code
Amendment ZCA 05-05 would not have the potential for causing a significant effect on
the environment. Therefore, it can be seen with certainty, due the need for a use permit
and related environmental review, that there is no possibility that proposed Zoning Code
Amendment ZCA 05-05 in question may have a significant effect on the environment
and is considered exempt from environmental review under the General Rule exemption
Section 15061(b)(3). This section states that CEQA applies only to projects which have
the potential for causing a significant effect on the environment.
B. Medical and dental clinics and offices are quite similar to uses already allowed
with a use permit in the AR zones including private hospitals and veterinary clinics.
Section 24.65 of the Butte County Code states " All uses of land within a zoned district
not specifically authorized or permitted by the regulations are prohibited unless they have
been found to be substantially similar to other permitted, conditional, or accessory uses
by the director of development services or designee, the planning commission or board of
supervisors." The director of development services has found medical and dental clinics
to be substantially similar to other conditionally permitted uses in the AR zone.
■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■
■ October 26,2006 ■ Zoning Ordinance Amendment-ZCA 05-05 ■ Page 5 of 6■
Therefore, medical and dental clinics and offices are already a conditionally permitted
use in the AR zone even without proposed Zoning Code Amendment ZCA 05-05 .
II. Recommends that the Board of Supervisors approve Zoning Code Amendment ZCA 05-
05 to allow medical and dental clinics and offices as conditionally permitted uses in the
A-R(Agricultural Residential) zone subject to the following findings:
A. The proposed zoning code amendment is consistent with the Butte County
General Plan Goals and Policies, Land Use Element Policy 3.3 because medical
and dental clinics will provide necessary health services as well as "convenient
service to area residents." The requirement to obtain a use permit to establish
medical and dental clinics will ensure "sufficient limitations and conditions are
places on the business activities" so that clinics are compatible with surrounding
residential uses.
B. The proposed zoning code amendment is consistent with the Butte County
General Plan Goals and Policies, Land Use Element Policy 4.3 because allowing
medical and dental clinics to locate in the AR zone, with the issuance of a use
permit,provides an opportunity to designate additional land for necessary public
health services in or near the residential markets they serve.
C. Medical and dental clinics and offices are desirable in the Agricultural-Residential
zoning district to provide health services to residential areas not located in
proximity to office/commercial areas or R-1 to R-4 zoning districts.
DULY PASSED AND ADOPTED this 26`" day of October, 2006, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chuck Nelson - Chairman
Planning Commission
County of Butte, State of California
ATTEST:
LYNN RICHARDSON, Secretary
Planning Commission
County of Butte, State of California
■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■
■ October 26,2006 ■ Zoning Ordinance Amendment-ZCA 05-05 ■ Page 6 of 6■
1 Ordinance No.
2 ZONING CODE AMENDMENT 05-05: ORDINANCE AMENDING SECTION
3 24-95 REGARDING CONDITIONALLY PERMITTED USES IN CHAPTER 24,
4 ENTITLED "ZONING", OF THE BUTTE COUNTY CODE
5
6 The Board of Supervisors of the County of Butte
ordains as follows :
7
Section 1 . Section 24-95 of Chapter 24 of the
8 Butte County Code is amended to read as follows :
9
The following permitted uses, uses requiring a use
10 permit, and administrative uses shall apply to all
zones AR through AR-10 . Uses that are unique to a
11 particular zone and site requirements for each zone
12 will be listed separately.
(a) Uses permitted:
13 (1) One (1) single-family dwelling or modular home per
parcel .
14 (2) The use of a single-family residence as a small
family day care home, licensed family care home, foster
15 home, or group home for mentally disordered or
16 otherwise handicapped persons or neglected children.
Said homes shall serve six (6) or fewer persons and
17 shall be subject to all applicable state regulations
and limitations .
18 (b) Accessory uses :
19 (1) Those uses and structures normally associated with
a single-family residential use and are in conjunction
20 with or incidental to the residential use, including
but not limited to a garage, workshop, shed, garden,
21 private swimming pool, private tennis court, gazebo,
spa, etc .
22 (2) A guest house as defined by section 24-305 . 175 of
23 the Butte County Code .
(3) Second dwelling unit subject to the requirements of
24 section 24-280 .
(4) Agricultural uses, including the keeping of
25 animals, subject to the animal maintenance requirements
of sections 24-255 . 1 through 24-255 . 15, inclusive, of
26 this Code.
27 (c) Uses requiring use permits . The following uses are
permitted subject to a use permit :
i
1 (1) Duplex dwellings, multiple residences, and
multiple-family dwellings subject to the density
2 allowed by the general plan, and bed and breakfast
inns .
3 (2) Golf courses and country clubs, including but not
limited to accessory uses such as driving range, pro
4 shop, cocktail bar, restaurant.
5 (3) Public and quasi-public uses .
(4) Commercial poultry farming and livestock farming,
6 nurseries and plant gardens.
(5) Veterinary clinics, kennels .
7 (6) Medical and Dental Clinics and offices
(67) Sales tract office .
8 (178) Mobile home parks subject to the density of the
9 general plan in the AR, AR-1/2, and AR-1 zones only.
(d) Uses requiring a minor use permit . The following
10 uses may be permitted subject to the requirements of
section 24-41 :
11 (1) Large family day care facilities subject to the
requirements of section 24-265 .
12 (2) Bed and breakfast home.
13 (e) Uses requiring an administrative permit . The
following uses may be permitted subject to the
14 requirements of section 24-40 :
(1) Home occupations subject to the requirements of
15 section 24-270 .
16 (2) Temporary uses as listed in section 24-300 .
(3) A temporary mobile home subject to the requirements
17 of sections 24-295 and 24-295 . 10 .
18
19 Side Rear
Zone Lot LotYard Yard Yard
20 District Area Width [Front
etback Setback Setback
AR See 65' 20' * 5' 5'
21 Fsection22 -75
AR-% % acre . 65' 20' * 5' 5'
23 AR-1 1 acre ; 13077_2 7 71-E7F-1 0'
24 AR-2 . 5 5 F130' 20' * 10'F:2 .
cres
25
AR-5 5 acres 130'. 20' *
26 AR-10 10 130'
27 acres
2
1 * Minimum front yard setback shall be twenty (20) feet
from the. edge of the ultimate right-of-way from all
2 public or private roads except where the road is
classified as a federal aid road, in which case the
3 setback shall be twenty-five (25) feet from the edge of
the ultimate right-of-way.
4
5 Section 2 . Severability. If any provision of this
6 Ordinance or the application thereof to any person or
7 circumstances is for any reason held to be invalid by a
8 court of competent jurisdiction, such provision shall be
9 deemed severable, and the invalidity thereof shall not
10
affect the remaining provisions or other applications of the
11
Ordinance which can be given effect without the invalid
12
provision or application thereof .
13
14 Section 3 . Effective Date and Publication. This
15 Ordinance shall take effect thirty (30) days after the date
16 of its passage. The Clerk of the Board of Supervisors is
17
authorized and directed to publish this ordinance before
18
the expiration of fifteen (15) days after its passage . This
19
Ordinance shall be published once, with the names of the
20
members of the Board of Supervisors voting for and against
21
22 it, in the Chico Enterprise Record, a newspaper of general
23 circulation published in the County of Butte, State of
24 California.
25 PASSED AND ADOPTED by the Board of Supervisors of the County
of Butte State of California, on the da of
26 � y
27 2006, by the following vote :
3
1
2 YES :
3 NOES :
4 ABSENT:
5
NOT VOTING:
6
7
Curt Josiassen, Chair of the
8 Butte County Board of
Supervisors
9
10 ATTEST: PAUL McINTOSH, Chief Administrative
11 Officer and Clerk of the Board
12 By
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
4
i
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, October 26, 2006, in the Butte County Board of Supervisors' Room, County
Administration Center,25 County Center Drive,Oroville,California,regarding the following item:
ITEM DETERMINED TO BE A GENERAL RULE EXEMPTION
FROM ENVIRONMENTAL REVIEW
Name: County of Butte Project: Zoning Code Amendment, ZCA 05-05
Planner: Stacey Jolliffe
Location: County=wide
Proposal: Zoning Code Amendment to Section 24-95 of the Butte County Code to conditionally
change the permitted uses in the AR zones to allow construction of neighborhood dental and medical
clinics with the issuance of a Use Permit to better serve residential areas.
The above-mentioned application is 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: Stacey Jolliffe, (530) 538-6573, (Monday through Friday, 7:30
a.m.to 4:30 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. After recommendation by the
Planning Commission the project will be forwarded to the Clerk of the Board of Supervisors for
action. If you challenge the above application in court, you may be limited to raising only those
issues you or someone else raised at public hearing(s) or in written correspondence delivered prior
to, the public hearing(s).
BUTTE COUNTY PLANNING COMMISSION
TIM SNELLINGS,DIRECTOR OF DEVELOPMENT SERVICES
To be published in the 1/8 page display add all papers.
Chico Enterprise Record/Mercury Register, and Paradise Post, Thursday, October 12, 2006.
Gridley Herald Friday, October 13, 2006.
0503-012 Changes to Permitted .Uses in Agricultural Residential
(AR) Zoned Areas - discussion regarding a possible
change to Section 24-05 "AR Through AR-10 (Agricultural
Residential) Zones" of the Butte County Zoning Ordinance
to allow construction of neighborhood dental and medical
clinics in areas to'better serve residents in a style
and manner conducive to a residential area - action
requested - DISCUSS AND PROVIDE DIRECTION STAFF.
(**3123) (***00)
MOTION: I MOVE TO DIRECT STAFF TO PROCEED WITH AMENDING THE AR
ZONE TO CONSIDER SMALL MEDICAL (AND DENTAL) CLINICS
UNDER USES REQUIRING A USE PERMIT.
M S .
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
it
BUTTE COUNTY BOARD OF SUPERVISORS SUPPLEMENTAL AGENDA-FEBRUARY 8,2005
SUPPLEMENTAL AGENDA
REGULAR AGENDA
BUDGET AND
LEGISLATIVE
UPDATE '4 . 02Update on Current Budget and Legislative Issues by the
-'- Chief Administrative Officer.
ADDED * 1. Vehicle License Fee Gap Receivable Financing
Program - consideration of a resolution approving
the form of, and authoring the execution and
delivery of a purchase and sale agreement and
related documents with respect to the sale of the
vehicle license fee receivable from the State and
directing and authorizing certain other actions
in connection therewith - action requested -
ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO, SIGN.
v7
i 04 8 * Changes to Permitte Uses in Agricultural Residential
(AR) Zoned Areas - discussion regarding a possible
change to Section 24 "AR Through AR-10 (Agricultural
Residential) Zones" of the Butte County Zoning
Ordinance to allow construction of neighborhood dental
and medical clinics in areas to better serve residents
in a style and manner conducive to a residential area -
action requested - DISCUSS AND PROVIDE DIRECTION STAFF.
(Supervisor Yamaguchi)
SUPPLEMENTAL AGENDA PAGE 1 OF 1 FEBRUARY 8,2005
Page 1 of 1
Betts, Steve
From: Betts, Steve
Sent: Thursday, March 17, 2005 1:12 PM
To: Christopher, Yvonne
Subject: Amendment to the AR zones to allow neighborhood dental and medical clinics
Yvonne,
I am only slightly familiar with what the Board directed. Was it their intention that the neighborhood dental and
medicals clinics be allowed in the AR zones with a Use Permit or as an allowed use? Also, was it their intention
that these clinics could be commercial (for-profit) businesses?
I am assuming that this is a priority project(since it was directed by the Board). My guess at this point is that an
initial study will have to be prepared.
Thanks for answering these questions.
Steve
Stephen Betts
Senior Planner
Butte County Planning Division
7 County Center Drive,Oroville,CA 95965
Desk(530)538-7153
Fax(530)538-7785
3/17/2005
"DRAFT"LEAD IN SHEET
FILE NO: 2G OSAP# Coo vi�y
APPLICANT: k�'O- Co. Go4rd 04 �Q�f JiSc�d`S
OWNER:
REPRESENTATIVE:
PROPOSED REQUEST: (to be filled out by person taking in application)
FINAL REQUEST: (to be filled out by project planner
'Zoniq CaAcode-
2 -35
zr n qt no u
A R-10 20y\ivw bilik i e+S.
SIZE:
LOCATION: CDJA 1 wt,&t
SUPERVISORIAL DISTRICT# t EXISTING ZONING: t4/A
GENERAL PLAN DESIGNATION: N�i4
R
ASSIGNED PLANNER: e—!52-7--S PLANNER°s NITiALs LJI7
Date Application Received c5?-e-o.5-
Date
SDate Proiect Assigned
IDR Date
30 Day Complete
Tentative Hearing Date
KAPlanningTonnsEead In Sheet.doc
Breedon, Dan
From: Breedon, Dan
Sent: Thursday, January 06, 2005 1:23 PM
To: 'SASPlanning@sbcglobal.net'; Adler, Lana
Cc: Christopher, Yvonne; Streeter, Stephen; Tolley, Chris
Subject: RE: Magalia needs Medical Clinic/House
Stephen,
The AR zone allows public and quasi public uses with a Use Permit, as well as residences by right, of course. I don't see
how he would not be subject to a Use Permit. We may have some trouble, however, classifying him as a Public use like a
public hospital if he is not a non-profit as defined. Sounds more like professional office that is described in the C-C zone
(vacant lots available on Lakeridge Circle in Magalia). The pertinent sections of the code are below and highlighted.
-Dan
24-95 AR through AR-10 (Agricultural Residential)Zones.
The following permitted uses, uses requiring a use permit, and administrative uses shall apply to all zones AR through
ARMH-10. Uses that are unique to a particular zone and site requirements for each zone will be listed separately.
(a) Uses permitted:
(1) One (1) single-family dwelling or modular home per parcel.
(2)The use of a single-family residence as a small family day care home, licensed family care home, foster home, or
group home for mentally disordered or otherwise handicapped persons or neglected children. Said homes shall serve six
(6)or fewer persons and shall be subject to all applicable state regulations and limitations.
(b)Accessory uses:
(1)Those uses and structures normally associated with a single-family residential use and are in conjunction with or
incidental to the residential use, including but not limited to a garage, workshop, shed, garden, private swimming pool,
private tennis court, gazebo, spa, etc.
(2)A guest house as defined by section 24-305.175 of the Butte County Code.
(3)Agricultural uses, including the keeping of animals, subject to the animal maintenance requirements of sections
24-255.1 through 24-255.15, inclusive, of this Code.
(c) Uses requiring use permits. The following uses are permitted subject to a use permit:
(1) Duplex dwellings, multiple residences, and multiple-family dwellings subject to the density allowed by the general plan,
and bed and breakfast inns.
(2)Golf courses and country clubs, including but not limited to accessory uses such as driving range, pro shop, cocktail
bar, restaurant.
(3) Public and quasipublic uses.
(4) Commercial poultry farming and livestock farming, nurseries and plant gardens.
(5)Veterinary clinics, kennels.
(6) Sales tract office.
(7) Mobile home parks subject to the density of the general plan in the AR, AR-'/2, and AR-1 zones only.
(d) Uses requiring a minor use permit. The following uses may be permitted subject to the requirements of section 24-41:
(1) Large family day care facilities subje�o the requirements of section 24-265. •1
(2) Second dwelling unit subject to the requirements of section 24-280.
(3) Bed and breakfast home.
(e) Uses requiring an administrative permit. The following uses may be permitted subject to the requirements of section
24-40:
(1) Home occupations subject to the requirements of section 24-270.
(2)Temporary uses as listed in section 24-300.
(3)A temporary mobile home subject to the requirements of sections 24-295 and 24-295.10. (Ord. No. 3176, § 1(Exh. A),
1-24-95)
Definitions:
24-305.440 Use, public. A use operated exclusively by a public body, having the purpose of serving the public
health, safety or general welfare, and including such uses as public schools, parks, libraries, playgrounds,
hospitals and ach.ni:nist.rative and service facilities.
24-305.450 Use, quas.ipu.blic. A use operated by a private nonpro.f t educational., religious,recreational,
charitable, fiaternal, or medical institution, association or organization, said use having the purpose primarily of
serving the general public, and including, but not limited to, such uses as churches, private schools, universities,
community youth and senior citizen recreational facilities,meeting halls,private hospitals, public utility
facilities unless preempted from local review by state or federal regulations, private schools, daycare centers,
fraternities, sororities, and the like.
24-150 C-C (Community Commercial) Zone.
(a) Purpose: The purpose of the community commercial (C-C) zone is to provide a wide range of facilities for
the sale of goods and provision of personal services. When applied to shopping areas, the uses are generally
conducted within a building, and may range in size from neighborhood centers, which may have a supermarket
as a principal tenant, to a commercial center, which may also include a department or variety store as a principal
tenant. When applied to commercial areas of town centers or other existing places with similar activities, the
uses may be broadened to include outdoor retail uses, such as auto sales.
(b) Uses permitted within buildings. The following uses are permitted iii the C-C zone:
(1) Retail stores and shops of a light commercial character including appliance stores, banks or other financial
institution that provides a direct service to the public, insurance or real estate sales, barbershops, beauty parlors,
bookstores, dry cleaning, laundry or laundromat, day care centers, dress shops, drugstores, market or grocery
stores, furniture stores, millinery shops, standard restaurants which may serve alcoholic beverages with meals,
refreshment stands, service stations, auto lube facilities and auto wash facilities, studios, tailor shops; business,
professional or medical office; medical, dental or optical laboratory; blueprinting, photocopying or lithography
store; nursery or garden supply; travel or ticket agency; repair shops for shoes, radios, televisions or other
domestic appliances; and other uses which are of similar character to those enumerated and which will not be
detrimental or obnoxious to the neighborhood in which they are to be located.
(2) Hotels, motels, health clubs, service clubs and lodge halls, churches, hospitals, sanitariums.
(3) Adult hotels and motels, subject to the requirements of article IV, adult business regulation, of chapter 15 of
this Code.
2
(c)Uses requiring a use permit:
(1) Multiple dwellings and dwelling groups, subject to the height limit, building site area three thousand two
hundred fifty(3,250) square feet per unit, average lot width and yard requirements specified in the R-3 zone.
(2) One (.1.) single-fam.i.ly residence per parcel. or a single-family residence, when attached to the main.building
ni which.the coinmerci.at vise exists, and the residence is inhabited by the owner, employees, or operator of the
commercial use. Any permit required for the commercial use must first be secured.
(3) Mobile home parks not to exceed ten(10) dwelling units per acre.
(4)Public and quasipublic uses.
(5) Small animal hospitals (indoor kennels only).
(6) Sales of new or used autos, boats or motorcycles, dancing academies or halls, open-air retail sales, theaters,
bowling alleys, skating rinks,pet shops, wholesale stores, mini-storage facilities, mortuaries, used or
secondhand goods, and other uses which are of similar character.
(7) Recycling facilities as per section 24-275.
(d) Uses requiring an administrative permit: The following uses may be permitted subject to the requirements of
section 24-40:
(1) Temporary uses as listed in section 24-300.
(2)Reverse vending machine and small collection recycling facilities pursuant to section 24-275.
(e) Site development standards. The following development standards shall apply to all development in the C-C
zone, except that specific standards may be modified by use permit if the approving body finds that the
modification is necessary to provide a superior project design over what would ordinarily occur with the basic
standards and that the modified project fits harmoniously with the surrounding area.
(1) Maximum structural height: Forty-five(45) feet.
(2) Minimum building site area: Ten thousand (10,000) square feet.
(3) Minimum lot width: The minimum lot width is sixty-five(65) feet.
(4) Minimum front yard required: Twenty(20) feet for all buildings or structures except that off-street parking
areas shall have a minimum of ten (10) feet.
(5) Minimum side yard required: None, except when the side of a lot abuts upon the side of a lot that is zoned to
allow a residential use, in which case the abutting side yard shall not be less than ten (10) feet. The street side of
a corner lot shall have a twenty(20) feet setback for all buildings or structures except that off-street parking
areas shall have a minimum of ten(10) feet.
(6) Minimum rear yard required: None, except that it shall be twenty(20) feet when adjacent to a zone that
allows a residential use.
(7) Parking required: Off-street parking and loading shall be provided in conformance with the provisions of
section 24-240, said parking areas shall be paved and striped to county standards.
(8) Landscaping: Landscaping requirements shall be provided in conformance with the provisions of section
24-240.10.
3
(9) Outdoor lighting required: All lighting, exterior and interior, shall be designed and located so as to confine
direct lighting to the premises. A light source shall not shine upon or illuminate directly on any surface other
than the area required to be lighted. No lighting shall be of the type or in a location such that it constitutes a
hazard to vehicular traffic, either on private property or on abutting streets.
(10) Signs: Building signs shall not exceed a combined size of one (1) square foot in area for each lineal foot of
building frontage.
(11) Outdoor trash storage: All outdoor trash storage and collection facilities shall be enclosed by a solid
masonry wall or view-obscuring fence at least one(1) foot higher than the trash container.
(12) Zone walls: Where a commercial use adjoins a residential zone or use, the following shall apply:
a. Install and maintain a sound-deadening wall (such as slumpstone) of six (6) to eight (8) feet in height or a
planted berm six (6) feet in height or a combination wall and berm on any exterior boundary line which is a
common property line with any residential zoning district.
b. The wall shall not exceed three (3) feet in height within twenty(20) feet of the right-of-way.
c. Where a topographic, natural vegetative barrier or a grade differential exists between the two (2) properties or
if there is a significant distance between the uses that will provide the same buffering, exceptions to the wall or
berm regulations may be made, in whole or in part with review and approval by the director of development
services.
(13)Noise: Noise generated by the commercial use shall be restricted to sixty(60) decibels (dB) at the common
property line for a period of six (6) hours per day with no noise exceeding eighty(80) dB. (Ord. No. 3176, §
1(Exh. A), 1-24-95; Ord. No. 3619, § 7, 7-25-2000)
-----Original Message-----
From: Stephen A. Streeterfmailto:sasplanning(a)sbcglobal.netl
Sent: Thursday, January 06, 2005 10:27 AM
To: Breedon, Dan;Adler, Lana
Cc: Christopher, Yvonne; Streeter, Stephen
Subject: RE: Magalia needs Medical Clinic/House
Dan & Lana-
Thanks for the follow up comments &feedback on the
proposed medical clinic& house. If/when I
communicate w/Mr. Sakal by phone or e-mail, I will emphasize that the pre-application review is a
recommended & not a mandatory process. Any
processes other than a building permit are going to extend his ambitious time line. A use permit will put the operation off
into the summer or fall. He would be better off finding a temporary place to operate the clinic in a zone where a for-profit
clinic would be a permitted use until the land use challenges can be sorted out. As I said yesterday, it would have been
much easier to provide guidance prior to their purchasing what they believed to be the ideal property.
Please forward the Zoning Code citation for the non-profit requirement for the medical clinic. Is it an interpretation of public
&quasipublic uses in the AR zone?
Lana -What County Dept. is being referred to in this statement? Env'I Health?
"The County already said that there should be no problem to obtain permit for the clinic(the Veterinarian clinic is next door
to us on its own 5
acres)and the High School will be build
one lot over across Rosewood from us. " Mr. Sakal
4
may be trying to employ the logic that R)e County Dept. says there is"no problem ttobtain a permit for the clinic", then,
by extension, the County Depts./Divs. as a whole are O.K. w/it.
I have Mr. Sakal's e-mail; please forward his phone#.
Stephen S.
Since Mr. Sakal's message may result in conversations with Bd. of Sups., et al., I'm forwarding this info.
to Yvonne too for her awareness. Please foward the
original message to Yvonne w/the 5 Excel documents of the bldg. plans.
---"Breedon, Dan" <DBreedon@buttecounty.net>wrote:
> I don't believe you told him that butte county does not support
> medical care. You simply provided him the formal County process that
> can be used to achieve his goals. It is unfortunate he has to take
> such a defensive position. I am forwarding this message to Stephen
> Streeter for his consideration. If he calls back I would refer him to
>the Planning Manager.
> Thanks.
> From: Adler, Lana
> Sent: Thursday, January 06, 2005 7:54 AM
>To: Breedon, Dan
> Subject: FW: Magalia needs Medical Clinic/House
> Hi Dan: I wrote back to Don yesterday to let him know that he would
> have to go through the Pre-Application Meeting process in order to
> discuss his project with the Planning and Butte County staff. I also
> informed him that the clinic would need to be non-profit to fit the
> use permit application process. This is what he wrote back in
> response.
> Lana
> From: Don Sakal [mailto:dsakal(c)msn.coml
> Sent:Wednesday, January 05, 2005 10:25 PM
> To: Adler, Lana
> Subject: Re: Magalia needs Medical Clinic/House
> Lana,
>We are sorry to hear that: we will let our Advisory Counsel (Community
> Board Members) know that Butte County does not support medical care
>for Magalia residents unless it's nonprofit. We will also let the
> Governor's office know, because the State of California and Federal
> Government has certified us as a Rural Health Clinic and gives us
> increased State and Federal funding (reimbursement) in hope that we
>will indeed remain a solo for profit practice! After all, that is why
>the Centers for Medicare and Medicaid Services, Rural Health Clinic
> Program (CMS-RHC)was created years ago in the first place (to better
> subsidize and keep private docs like us open and making enough profit
>to want to stay)!
>Anyway,we appreciate your getting back to us, but this will open a
> can of worms, because we are the only Family Practice in town to serve
>20,000 people, and I am sure that the attorneys and the Governor will
>want to see the Butte County Statute that forbids private docs from
> better serving their community it the face of a National Health Care
5
> crisis were poor MediCal, CMSP and0dicare patients must overtax
> emergency rooms at California tax payers expense, because no other
> private docs will see them except us. There is no other zoned reality
> land that is available here in Magalia, and so maybe the Governor can
> help change this ridiculous County Statute that is said to be on the
> books. Thanks again for keeping us informed!
> Don Sakai, M.S., PA-C/CEO
> Lijun Sakai. Ph.D, M.D. /Medical Director
> -----Original Message-----
> From: Adler, Lana <mailto:ladler(cDbuttecounty.net>
> To: Don Sakai <mailto:dsakal(a)msn.com>
> Sent: Wednesday, January 05, 2005 4:38 PM
> Subject: RE: Magalia needs Medical Clinic/House
> Hi Don:
> We had a Planner's Meeting today and I gave them a copy of the email.
>They suggested that you submit for a Pre-Application Review if you
>would like to talk to the Planners about your plans. We ask that
> everyone who wants to get feedback on potential projects to request
> this pre-application review. The fee is $1,576. They also mentioned
> that if you want to do a use permit for a clinic, that it would need
>to be a non-profit and you would need proof of that when you submit
>for the use permit application.
>
> Sorry that I can't give you more feedback, but at this point, this is
>the procedure we need to follow.
> Thanks,
> Lana Adler
> Assistant Planner
> Department of Development Services
> 7 County Center Drive
> Oroville, CA 95965
> 530-538-7601
> From: Don Sakai [mailto:dsakal(a)msn.coml
> Sent:Tuesday, January 04, 2005 9:30 AM
> To: Adler, Lana
> Subject: Magalia needs Medical Clinic/House
6
> Butte County Planning,
> Thank you for the conversation this morning.
>Again,we are
> interested in building 4000 square foot clinic/house combination
> building in Magalia on our 5 acre parcel zoned AR at
> 14664 Skyway,
> Magalia, CA 95954 (Assessor's Parcel 065-171-043)this Spring. Our
> contact info address and phone are below. We already have detailed
> plans that need final drafting (see attached).
>Time is of importance-
>we figure we have 30 days to get plans into the county to get approved
> by spring and beat increased fees. Attached are five Excel documents
>that show the building in detail. The file named Clinic/House Combo
>will show you the end result with everything in place down to electric
> outlet(scroll to bottom right to see acreage and septic leach field
> ideas). The House only file is what we will build initially and the
> other files show mainly walls and overview.
> Importantly, our plan is to
>first live in the entire building as a primary residence for 1-3 years
> and then obtain County Permit to convert the front into a clinic with
> our residence behind for 5-7 years and then turn the entire building
> into a medical clinic 7-10 years later. Thus, everything needs to be
> handicapped with backing in plumbing in place and a large enough
> septic and leach field to accommodate both home and clinic for easy
> conversion from house to clinic later. The County already said that
> there should be no problem to obtain permit for the clinic (the
>Veterinarian clinic is next door to us on its own 5 acres)and the
> High School will be build one lot over across Rosewood from us.
> However, we need to know officially that we may combine home and
>clinic together, and about how
message truncated
Tracking: Recipient Read
'SASPlanning@sbcglobal.net'
Adler,Lana Read: 1/6/2005 1:43 PM
Christopher,Yvonne Read: 1/13/2005 4:05 PM
Streeter,Stephen
Tolley,Chris Read: 1/6/2005 1:48 PM
7
Breedon, Dan
From: Stephen A. Streeter[sasplanning@sbcglobal.net]
Sent: Thursday, January 06, 2005 10:27 AM
To: Breedon, Dan; Adler, Lana
Cc: Christopher, Yvonne; Streeter, Stephen
Subject: RE: Magalia needs Medical Clinic/House
Dan & Lana -
Thanks for the follow up comments & feedback on the
proposed medical clinic & house. If/when I
communicate w/ Mr. Sakal by phone or e-mail, I will emphasize that the pre-
application review is a
recommended & not a mandatory process . Any
processes other than a building permit are going to extend his ambitious
time line . A use permit will put the operation off into the summer or
fall . He would be better off finding a temporary place to operate the
clinic in a zone where a for-profit clinic would be a permitted use until
the land use challenges can be sorted out . As I said yesterday, it would
have been much easier to provide guidance prior to their purchasing what
they believed to be the ideal property.
Please forward the Zoning Code citation for the non-profit requirement for
the medical clinic. Is it an interpretation of public & quasipublic uses
in the AR zone?
Lana - What County Dept . is being referred to in this statement? Env' l
Health?
"The County already said that there should be no problem to obtain permit
for the clinic (the Veterinarian clinic is next door to us on its own 5
acres) and the High School will be build
one lot over across Rosewood from us . " Mr. Sakal
may be trying to employ. the logic that if one County Dept . says there is
"no problem to obtain a permit for the clinic", then, by extension, the
County Depts . /Divs . as a whole are O. K. w/ it . .
I have Mr. Sakal ' s e-mail; please forward his phone # .
Stephen S .
Since Mr. Sakal ' s message may result in conversations with Bd. of Sups ., et
al . , I 'm forwarding this info.
to Yvonne too for her awareness . Please foward the
original message to Yvonne w/ the 5 Excel documents of the bldg. plans .
--- "Breedon, Dan" <DBreedon@buttecounty. net> wrote:
> I don ' t believe you told him that butte county does not support
> medical care. You simply provided him the formal County process that
> can be used to achieve his goals . It is unfortunate he has to take
> such a defensive position. I am forwarding this message to Stephen
> Streeter for his consideration. If he calls back I would refer him to
> the Planning Manager.
1
> Thanks .
> From: Adler, Lana
> Sent : Thursday, January 06, 2005 7 : 54 AM
> To: Breedon, Dan
> Subject : FW: Magalia needs Medical Clinic/House
>
> Hi Dan: I wrote back to Don yesterday to let him know that he would
> have to go through the Pre-Application Meeting process in order to
> discuss his project with the Planning and Butte County staff. I also
> informed him that the clinic would need to be non-profit to fit the
> use permit application process . This is what he wrote back in
> response.
> Lana
> From: Don Sakal [mailto: dsakal@msn. com]
> Sent : Wednesday, January 05, 2005 10 : 25 PM
> To: Adler, Lana
> Subject : Re: Magalia needs Medical Clinic/House
> Lana,
> We are sorry to hear that : we will let our Advisory Counsel (Community
> Board Members) know that Butte County does not support medical care
> for Magalia residents unless it ' s nonprofit . We will also let the
> Governor ' s office know, because the State of California and Federal
> Government has certified us as a Rural Health Clinic and gives us
> increased State and Federal funding (reimbursement) in hope that we
> will indeed remain a solo for profit practice ! After all, that is why
> the Centers for Medicare and Medicaid Services, Rural Health Clinic
> Program (CMS-RHC) was created years ago in the first place (to better
> subsidize and keep private docs like us open and making enough profit
> to want to stay) !
> Anyway, we appreciate your getting back to us, but this will open a
> can of worms, because we are the only Family Practice in town to serve
> 20, 000 people, and I am sure that the attorneys and the Governor will
> want to see the Butte County Statute that forbids private docs from
> better serving their community it the face of a National Health Care
> crisis were poor MediCal, CMSP and Medicare patients must overtax
> emergency rooms at California tax payers expense, because no other
> private docs will see them except us . There is no other zoned reality
> land that is available here in Magalia, and so maybe the Governor can
> help change this ridiculous County Statute that is said to be on the
> books . Thanks again for keeping us informed!
> Don Sakal, M. S . , PA-C / CEO
> Lijun Sakal . Ph. D, M. D. / Medical Director
2
>
>
>
>
> ----- Original Message -----
From: Adler, Lana <mailto: ladler@buttecounty. net>
> To: Don Sakal <mailto: dsakal@msn. com>
> Sent : Wednesday, January 05, 2005 4 : 38 PM
> Subject : RE: Magalia needs Medical Clinic/House
> Hi Don:
> We had a Planner' s Meeting today and I gave them a copy of the email .
> They suggested that you submit for a Pre-Application Review if you
> would like to talk to the Planners about your plans . We ask that
> everyone who wants to get feedback on potential projects to request
> this pre-application review. The fee is $1, 576. They also mentioned
> that if you want to do a use permit for a clinic, that it would need
> to be a non-profit and you would need proof of that when you submit
> for the use permit application.
> Sorry that I can' t give you more feedback, but at this point, this is.
> the procedure we need to follow.
> Thanks,
> Lana Adler
> Assistant Planner
> Department of Development Services
> 7 County Center Drive
> Oroville, CA 95965
> 530-538-7601
> From: Don Sakal [mailto: dsakal@msn. com]
> Sent : Tuesday, January 04, 2005 9 : 30 AM
> To: Adler, Lana
> Subject : Magalia needs Medical Clinic/House
> Butte County Planning,
3
> i •
> Thank you for the conversation this morning.
> Again, we are
> interested in building 4000 square foot clinic/house combination
> building in Magalia on our 5 acre parcel zoned AR at
> 14664 Skyway,
> Magalia, CA 95954 (Assessor ' s Parcel 065-171-043) this Spring. Our
> contact info address and phone are below. We already have detailed
> plans that need final drafting (see attached) .
> Time is of importance-
> we figure we have 30 days to get plans into the county to get approved
> by spring and beat increased fees . Attached are five Excel documents
> that show the building in detail . The file named Clinic/House Combo
> will show you the end result with everything in place down to electric
> outlet (scroll to bottom right to see acreage and septic leach field
> ideas) . The House only file is what we will build initially and the
> other files show mainly walls and overview.
> Importantly, our plan is to
> first live in the entire building as a primary residence for 1-3 years
> and then obtain County Permit to convert the front into a clinic with
> our residence behind for 5-7 years and then turn the entire building
> into a medical clinic 7-10 years later. Thus, everything needs to be
> handicapped with backing in plumbing in place and a large enough
> septic and leach field to accommodate both home and clinic for easy .
> conversion from house to clinic later. The County already said that
> there should be no problem to obtain permit for the clinic (the
> Veterinarian clinic is next door to us on its own 5 acres) and the
> High School will be build one lot over. across Rosewood from us .
> However, we need to know officially that we may combine home and
> clinic together, and about how
message truncated
4
Page 1 of 1
Betts, Steve
From: Christopher, Yvonne
Sent: Wednesday, March 30, 2005 9:51 AM
To: Betts, Steve
Subject: RE: Amendment to the AR zones to allow neighborhood dental and medical clinics
They expected it to be listed as allowed by use permit. Yes, they wanted them to be "for profit". I believe the
suggestion was to list it under section 24-95 (c).
Let me know if you want more.
Thanks,
Yvonne
From: Betts, Steve
Sent: Thursday, March 17, 2005 1:12 PM
To: Christopher, Yvonne
Subject: Amendment to the AR zones to allow neighborhood dental and medical clinics
Yvonne,
I am only slightly familiar with what the Board directed. Was it their intention that the neighborhood dental and
medicals clinics be allowed in the AR zones with a Use Permit or as an allowed use? Also, was it their intention
that these clinics could be commercial (for-profit)businesses?
I am assuming that this is a priority project (since it was directed by the Board). My guess at this point is that an
initial study will have to be prepared.
Thanks for answering these questions.
Steve
Stephen Betts
Senior Planner
Butte County Planning Division
7 County Center Drive,Oroville,CA 95965
Desk(530) 538-7153
Fax(530) 538-7785
3/30/2005
The proposed ZCA qualifies as exempt from the California Environmental Quality Act
(CEQA) for any one of the three following reasons:
1)No construction is being permitted by the ZCA. Future medical and dental clinics will
require a conditional use permit and associated environmental review. The requirement
for medical and dental clinics to obtain a use permit prior to construction would ensure
that the ZCA would not have the potential for causing a significant effect on the
environment. No construction of dental or medical clinics would result from the ZCA; a
use permit would be necessary prior to construction. Therefore, it can be seen with
certainty, due the need for a use permit and related environmental review, that there is no
possibility that the ZCA in question may have a significant effect on the environment and
is considered exempt from environmental review under the General Rule exemption
Section 15061(b)(3). This section states that CEQA applies only to projects which have
the potential for causing a significant effect on the environment.
2) Dental or medical clinics are quite similar to uses already allowed with a use permit in
the AR zones including private hospitals and veterinary clinics. Section 24.65 of the
Butte County Code states " All uses of land within a zoned district not specifically
authorized or permitted by the regulations are prohibited unless they have been found to
be substantially similar to other permitted, conditional, or accessory uses by the director
of development services or designee, the planning commission or board of supervisors."
The director of development services has found medical and dental clinics to be
substantially similar to other conditionally permitted uses in the AR zone. Therefore,
medical and dental clinics are already a conditionally permitted use in the AR zone even
without the ZCA.
3) Future construction of dental and medical clinics under 2500 square feet would
typically qualify for a categorical exemption from environmental review pursuant to
section 15303 (c ) of the CEQA Guidelines. Although future medical and dental facilities
may possibly be larger than 2500 square feet, the exemption clarifies the general lack of
environmental impacts associated with the land uses anticipated by the ZCA.
I
Butte County Department of Development Services AUT rF
TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0
0 0
7 County Center Drive o 0
Oroville, CA 95965 o
(530)538-7601 Telephone
(530)538-7785 Facsimile
ADMINISTRATION * BUILDING* PLANNING
r
Date: October 5, 2006
To: Felix Wannenmacher, Deputy County Counsel
Subject: 10 Day review of the Agenda Report for Zoning Code Amendment
(ZCA 05-05)
Please review the enclosed/attached agenda report. This review should focus on your
agency's area of expertise and jurisdiction. Any comments must be received within 10
days, ending October 16, 2006.
If you have any questions regarding the enclosed agenda report and attachments, please
contact either Mark Michelena(by 10/12/06) at 530-538-7376 or by email at
mmichelena@buttecounty.net, or Stacey Joliffe (after 10/12/06) at 538-6573 or by email
at sjoliffe@buttecounty.net, between the hours of 7:30 a.m. and 4:30 p.m., Monday
through Friday. Thank you.
Sincerely,
.Mark Michelena
Senior Planner
0
Butte County Department of Development Services o�QTrFo
TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR
0 0
7 County Center Drive o 0
Oroville, CA 95965 0
(530) 538-7601 Telephone uN,�•fl
(530) 538-7785 Facsimile
ADMINISTRATION *,BUILDING* PLANNING
Date: October 5, 2006
To: Responsible and Trustee Agencies
Subject: 10 Day review of the Agenda Report for Zoning Code Amendment
(ZCA 05-05)
Please review the enclosed/attached agenda report. This review should focus on your
agency's area of expertise and jurisdiction. Any comments must be received within 10
days, ending October 16, 2006.
If you have any questions regarding the enclosed agenda report and attachments, please
contact either Mark Michelena(by 10/12/06) at 530-538-7376 or by email at
mmichelena@buttecounty.net, or Stacey Joliffe (after 10/12/06) at 538-6573 or by email
at sjoliffe@buttecounty.net, between the hours of 7:30 a.m. and 4:30 p.m., Monday
through Friday. Thank you.
Sincerely,
Mark Michelena
Senior Planner
Michelena, Mark
t
From: Jolliffe, Stacey
Sent: Friday, September 15, 2006 4:08 PM
To: Wannenmacher, Felix; Michelena, Mark
Cc: Calarco, Pete; Thistlethwaite, Charles; Snellings, Tim
Subject: FW: Magalia Pines
Felix and Mark:
Zoning Code Amendment ZCA 05-05 proposes to change the conditionally permitted uses in the
AR zones to allow construction of neighborhood dental and medical clinics with a use
permit to better serve residents in a style and manner conductive to a residential areas.
As you may be aware, there is significant interest in seeing this long anticipated
amendment through to completion. We would like to exempt the ZCA based on the following
PRC sections and discussion points and do initial studies on individual use permits as
they come in. However, if we cannot exempt the ZCA, we will need to take different hearing
dates.
So, we might as well address this issue now.
Here is my logic, for your review and consideration.
The AR zones currently allow the development of single-family homes and accessory
facilities as permitted uses. With the issuance of a use permit, the AR zones currently
allow duplexes, golf courses, country clubs, commercial poultry farming and livestock
farming, plant nurseries, veterinary clinics, kennels, and mobile home parks. veterinary
clinics (conditionally-permitted uses) and dental or medical clinics (proposed
conditionally-permitted uses) are not quite similar from a land use planning perspective
and are likely to generate similar environmental effects.
The requirement for dental and medical clinics to obtain a use permit prior to
construction would ensure that the ZCA would not have the potential for causing a
significant effect on the environment. No construction of dental or medical clinics would
result from the ZCA; a use permit would be necessary prior to construction. Therefore, it
can be seen with certainty, due the need for a use permit and related environmental
review, that there is no possibility that the ZCA in question may have a significant
effect on the environment. The activity is not subject to CEQA pursuant to section 15061
(b) (3) .
Let me know at your earliest convenience if you concur with this approach, given the
specifics of this circumstance. Thank you.
Stacey Jolliffe,
Principal Planner, Current Planning Section Butte County Dept. of Development Services
7 County Center Drive
Oroville, CA 95969
Phone: 530-538-7541; FAX: 530-538-2140
Email: sjolliffe@buttecounty.net
Website: www.buttecounty.net/dds
-----Original Message-----
From: Snellings, Tim
Sent: Wednesday, September 06, 2006 7:55 AM
To: Calarco, Pete; Thistlethwaite, Charles; Jolliffe, Stacey
Cc: Snellings, Tim
Subject: FW: Magalia Pines
Importance: High
Pete: Please help me get this on the next PC Agenda to modify the ZO to allow this use.
Thanks, Tim
1
-----original Message-----
From: Cook, Josh [mailto:Josh.Cook@SEN.CA.GOV]
Sent: Wednesday, August 3,0, 2006 12:47 PM
To: McIntosh, Paul
Cc: Yamaguchi, Kim; Snellings, Tim
Subject: RE: Magalia Pines
Thanks.
They are threatening to march in our office with hundreds of old people.
Now that I know this is what I thought it was, I will contact them and
let them know we have no jurisdiction.
If they want to stage a sit in I will give them directions to your
office.
Thanks for your time.
Josh F.W.. Cook
Office of Senator Sam Aanestad
Tel. 530-895-6088
Fax 530-895-6820
josh.cook@sen.ca.gov
-----Original Message-----
From: McIntosh, Paul [mailto:PMclntosh@buttecounty.net]
Sent: Wednesday, August 30, 2006 12:27 PM
To: Cook, Josh
Cc: Yamaguchi, Kim; ,Snellings, Tim
Subject: RE: Magalia Pines
Josh,
Thanks for the faxes. No, there isn't anything state-related with their
issue. Their letter is a bit melodramatic. Yes, their clinic issue
fell in a nitch in our planning code but we have flagged that for change
and it is moving forward for board approval. As you know, the planning
code is adopted by ordinance and the law is very structured as to how an
ordinance can be changed, requiring notices, hearings, etc. We can't
wave a wand and have it done.
Paul McIntosh
Chief Administrative Officer
County of Butte
25 County Center Drive
Oroville, CA 95965
(530) 538-7224
(530) 538-7120 Fax
pmcintosh@buttecounty.net <mailto:pmcintosh@buttecounty.net>
From: Cook, Josh [mailto:Josh.Cook@SEN.CA.GOV]
Sent: Wed 8/30/2006 11:18 AM
To: McIntosh, Paul
Cc: Yamaguchi, Kim
Subject: RE: Magalia Pines
2
a
I am faxing them to you now.
Please glance at them and let me know if this has anything to do with
the state.
I believe they have a land use issue with the county.
Josh F.W. Cook
Office of Senator Sam Aanestad
Tel. 530-895-6088
Fax 530-895-6820
josh.cook@sen.ca.gov
-----Original Message-----
From: McIntosh, Paul [mailto:PMclntosh@buttecounty.net]
Sent: Wednesday, August 30, 2006 11:13 AM
To: Cook, Josh
Cc: Yamaguchi, Kim
Subject: RE: Magalia Pines
Sorry. I am not familiar with their issues. I have not seen any
letters as yet.
Paul McIntosh
Chief Administrative Officer
County of Butte
25 County Center Drive
Oroville, CA 95965
(530) 538-7224
(530) 538-7120 Fax
pmcintosh@buttecounty.net <mailto:pmcintosh@buttecounty.net>
From: Cook, Josh [mailto:Josh.Cook@SEN.CA.GOV]
Sent: Wed 8/30/2006 11:10 AM
To: McIntosh, Paul
Cc: Yamaguchi, Kim
Subject: Magalia Pines
Paul & Sup. Yamaguchi:
We have been receiving letters from Dr. Sakal and Lijun Sakal.
Can either of you tell me if there is any STATE issue whatsoever in the
problems they face?
Josh F.W. Cook
Office of Senator Sam Aanestad
Tel. 530-895-6088
Fax 530-895-6820
josh.cook@sen.ca.gov
<http://www.loc.gov/shop/index.php?action=cCatalog.showItemImage&cid=14&
scid=173&iid=2324>
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