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HomeMy WebLinkAbout1453Ordinance No , 2.453 AN ORDINANCE ADDING ARTICLE iI TO CHAPTER 2b OF THE BUTTE COUNTY CODE 1 2, 3 4 fi B 7 8 9 10 11 12 13 14 15 16 17 18 is 20 21 22 23 24 25 28 The Board of Supervisors of the County of Butte, State of California DO ORDAIN as follows: 1. Article II is hereby added to Chapter 26 of the Butte County Code to read as follows: Article II. Additional Improvement ReQu.irements for Certain Buildings in Urban Areas. Section 26-Z0. Findings; Necessity for Additional Improvements for Developmentin Urban Areas. The Board of Super- visors finds that additional building and development requirements are necessary in order to protect the health, welfare, and safety 'iof the general public in specified areas of the unincorporated area of Butte County that are adjacent to and in the vicinity of incorporated or other high density areas, as defined in Section 26-11 below. The Board further finds that such additional re- quirements are necessary in order to protect the health, welfare and safety of the general public, including but not limited to those people residing within said areas as well as those using ~~the county roads in said areas. Section 26-I1. Urban Areas Defined. The urban areas to which this Article is applicable are hereby described as those certain areas surrounding Chico and Oroville, and the Paradise urban area, as shown on a map established by a resolution or resolutions of standards adopted by the Board of Supervisors pursuant to Chapter 20 of the Butte County Code as being the said urban areas. A copy of said map shall be on file with the County Clerk, County Planning Department, County Health Department and ~~~ 2 4 s 6 7 8 9 Public Works Department. The urban areas as established in said Resolution of Standards may be ,amended by the Board of Supervisors by resolution, and the amended map shall then be filed in the aforesaid county offices. Section 26^12. Improvement R~irementso When a building permit for a new building is required for commercial or industrial uses or for multiple living unit uses having mare than three living units per parcel, and the project involved falls within one of the urban areas described in Section 2b-11, in 1D addition to all other requirements set forth in the Uniform ~.1 Building Code as amended and adopted by reference in skis chapter, 12 he construction of curbs, gutters, sidewalks or walkways and 13 rainage facilities shall be required. The technical standards I4 nd specifications of the aforesaid improvements shall be as 15 rovided for subdivisions in Chapter 20 of the Butte County Code 16 nd a resolution or resolution of standards adapted pursuant theretc ].7 utte County Department of Public Works shall determine and approve 18 he grade, width and location of all required improvements on ~9 ounty roads from survey or other information submitted by the 20 eveloper's engineer or from file information if available, Any 2Z elocution caused by county alignment or grade changes for future 22 oad construction shall be the responsibility of county, 23 Section 2b~13. Postponement of_Draina~e~Improvement: ~ otwithstunding the provisions of Section 26-12, drainage improve- ~ ents may be postponed at the discretion of the Board of Supervisor: 28 n the deposit of a drainage fee in an amours determined by the E• 4 2. 1 Board of Supervisors {by resolution), which fee shall be reserved 2 for the cost of the required drainage facilities, provided that an 3 interim drainage solution is available on the property in questiono 4 6 8 7 8 9 10 lI 12 13 Z4 ~5 16 x~ xs is 20 2i 22 23 24 25 28 3a 1 2 3 4 5 6 7 8 9 10 1~ 12 13 3.4 15 16 17 18 ~9 20 2i 22 23 24 23 2B Section 26-13A. Post onement of Street Tm rove- ments. Notwithstanding the provisions of Section 26-12, street improvements may be postponed at the discretion of the Board of Supervisors or the Director of Public Works for a period of five years upon the deposit of a negotiable fee in the amount deter- mined by the Director of Public Works, which fee should be reserved for the cost of the required street improvements. This postponement shall be made only if there are no other such street improvements within 500 feet of this installati and if such other facilities are not constructed in the neighbor- hood, Butte County will refund the assurance fee at the end of the five years. Section 2fi-14. Re irements Ina licable if Adverse to Health, Safet and Welfare. Notwithstanding anything Ito the contrary in Sections 26-12 and 2fi-13, the requirements ;contained therein shall not be applicable if their application would adversely affect the health, safety and welfare of the general public because of special circumstances applicable to the immediate area of the improvement, including the topography and Ithe nature of other developments xn the area. The determination whether the requirements in a particular case would cause such adverse affect on the health, safety or welfare sha11 be made by the Director of Public Works subject to appeal to the Board of Supervisors in the manner specified in Article IX of Chapter 20 of the Butte County Code. 3. ~ 2. This ordinance shall take effect thirty (30)days after 2 the date of its adoption, and, before expiration of fifteen {15) 3 days after its passage, it shall be published with the names of 4 the members of the Board of ~u.pervisors voting for and against the g same in a newspaper of general circulation in the County of 6 Butte, State of California. 7 PASSED AND ADOPTED by the Board of Supervisors of the County 8 of Butte, S>tate of California on the ~~~~ day of MaY , 9 19~~ by the following vote: ZO AYES: Supervisors Cameron, Gilman, Ladd, McKi3.log and Chairman Madigan 1~. NOES : None 12 ABSENT : None 13 NOT VOTING: None I4 - CK MA IGAN, C ai n o e ~5 a rd of Superviso 16 i7 ATTEST: 18 CLARK A. NELSON, County Clerk and ex-officio Clerk of the Board 19 2d -~ By 21 az ~~ z4 ~a 4.