HomeMy WebLinkAbout3001,' ~ ~ Ord~nance fVa. 3Q01
ORDINANCE OF THE C4UNTY OF BUTTE ENACTING ARTICLE XV~TI
OF CHAPTER 2 OF THE BUTTE COUNTY CODE REGARDING ESTABLISHING
A COUNTY DEPARTMENT OF DEVELOPMENT SERVICES ANU AMEND~NG
CERTAIN SECTIONS ~F CHAPTFRS 2~ 20~ 2+4r 2~~ 265~ 27~ 27A~ 28~ 32
AND 41 TO CONFQRM SUCH SECTIONS WITH THE ESTABLISI~KENT OF
SAID DEPARTMENT
WHEREAS, the Boa~d of Supervisors of the County of B~ttte has
detern~ined to establish a Department of Development Services within
the organizational structure of county government which wi3.l~
consolidate a11 elements of the county's deve~opment, regulatory
process ~.nto a si.ngle agency to improve coordinatian, speed permit
review and processing, and e~hance s~rvice to development process
users, AND
WHEREAS, in order to establish said Department it ~s necessary
to amend The Code of Butte County Ca].ifornia by adding thereto
certain code sections and revising certa.in other sections in order
to impl.ement the creat~.on, organization and functions o~ ~he
Department.
NOW, THEREFORE, the Board of Supervisors of the County of
Sutte ordains as follows:
Section 1. Article XVIII is added to Chapter 2 of the Butte
County Code to read as £o~lows:
"Article XVIT~. T7epartment of Develo~ment Servi.ces.
Section 2-150. De~axtment Created. There is hereby created
in the county a Department of Deve~opment Services. Said
department shall consist of the following offices and divisi.ons:
(a) Director's Office
(b) Building Regulatio~s Division
1
(c) Land Development (Subdivision) Division
(d) Planning Division
Section 2-151. Duties of de~,artment. The duties to be
performed by the Department of ~eveiopment Services shall be as
~ollows:
~(a) Building Requlations Division. Administer a11 building
regulations adopted by the county and appropriate state
building regu~ations, and issue alZ permits related
thereto.
(b) Land Develo ment Division. Administer all technical
matters pertaining to land development, including but
not limited to subdivisions, a~d improvements relating
to commercial, industrial, and multi-family residential
development, and drainage facilities related thereto,
pursuant to regulations adopted by the County and
provisions af state law, egcepting those technical
matters which are the responsibi~ity o~ the Director o~
Public Works under applicable provisions of th~ Coun~y
Charter, the Butte County Code, and state law.
{c) Plannina Division. Administe~ all technical matters
pertaining to p~anning and zoning pursuant to
regu~ations adopted by the county.
(d) Director~s Office ar Desi ee s. Perform such other
duties and ~unctions as may be assigned ~ram time to time
}ay the Board of Supervisors.
2
Section 2-152. Director-Develo,pment Services - Designated;
to head de a~t~ent. There is hereby created the pasitio~ o~
Director-Devel~pment Se~riGes, wha shall be a county depar~ment
head. The director shall be the administrative head of the
Department of Development Services.
Section 2-153. SamE- ualifications. Tha Director-
Develapment Services sha11 be a graduate of an accreditEd college
or university who has majored in p~anning, deve~apment, public
administration or a related field of st~dy and sha~l possess broad
experience in public and/or private development related activities
and issues.
5ection 2-154. Same-Duties. As adminastrative head o£ the
department, the Directo~-Development Services shall be responsible
~or planning, organizing, coordinating, staffing, directing and
budgeting for the activities, pragrams and services of the
department.~'
5ection 2. In order to implement the creation of the
Department of Development Services, Section 2-40 of Article V~I of
Chapter 2 af the Butt~ County Cade pertaining to the Public Works
Department is hereby a~ended to read as fol~aws:
"5ection 2-40. Duties of De artment. The duti~s to be
pexformed by the Department o£ Public Works shall be as follows:
(a) Supe~vise, prepare or obtain designs and plans for roads
and bridges;
(b) Perform surveying and mapping;
(c) Inspect county roads and bridges;
3
(d) Construct and maintain, and contract for the construction
and maintenanc~ of roads, bridges and drainage;
(e) Da al1 things pertaining to county dumps;
{f) Do ail things pertaining to county fe~ries;
(g) Assist in all matters pertaining to water develapment
and control;
(h) Perfox~ the duties of the road department as defined by
1aw."
Section 3. In order to implement the c~eation of the
Department of Development 5ervices, the following Sect3.ons of
A~ticles II, III, VI, VIIT of Chapter 20 of the Butte County Code
are amended to read as follows:
"Section 20-2.5. Develo ment Services ~ rocesses all
a 3.ications. Natwithstanding anything in this chapter to the
contrary, the Dir~ctor--Development Services sha1~ be responsible
far, and the Depart~ent of Deve].op~nent SErvices shall. process,
al~ applicat~.ons s~bmitted pursuant to this chapter."
"Section 20-54. Develo ment Review Co~mittee. The
Development Review Cammittee shall consist of the Director-
Develapment Services, the Planning Director, the Direc~or of Public
Works, the Director of Environmental Health, or their respective
deputies ar appo~nted representatives, and such other county
officers or employees invalved in the develap~-~nt review process
of the county as the Director-Development Services may, from time
to time, deem appropriate."
~~Section 20-151.1. Notice. The county department having such
4
~
know~edge of the violation or the Development Review Contmittee,
which after reviewing the report submitted to it by the county
department and ~inding that the circumstances warrant, unless s~ch
vialation is under investigation and/or prosecutian by the o~fice
of the district attarney, shall:
(1) Fi~e with the recorder a notice of intention to record
a notice af vialation, which notice shall describe the
property in detail, naming the awners thereof, describing
thE vialation, and stating that the opportunity will be
given to the owner to p~esent evidence.
(2) Set for hearing before the Develop~nent Review Committee
the question of whether o~ not there has been a division
of l.and in violation o~ the 5ubdiv.ision Map Act ar this
chapter, and whether a notice of violation shouid be
rscorded in the 0~~1CE of the County Recorder. Upon
recording thE notice o~ intention~ a copy of the notice
sha~1 be sent to the owner of the real property, setting
forth the time, date and place of such hearing, at which
the owner inay present evidence.
(3) De~.ive~ a copy of sai.d notice ta the Development
Services, Public Works and Health Departments. After
such delivery, no per~nits or approvals shall be issued
as to such property until. a fina~. determination has been
~nade regarding reco~datian of a notice o~ violation."
~~Section 20-3.83. Filinct petitian. The peti.tion shall be
filed wi.~h the Director-Development Services.
5
The petition shall conform to the rules of the Development
Review Committee as to form and content. The rules of the
committee shall require the ~ollowing to be included in the
petition, as a minimum:
(1) Evidence of tit~e to th~ real property; and
(2) Evidence o£ the consent of a11 of the owne~s of an
interest in the property; or
(3) Evidence that none af the improvements required to be
made have bee~ ~ade within two (2) years from the date
di the final subdivision map or parce~ map was filed ~or
record, or within the time allowed by agreement for
completian of the improvements, whichever is iater; or
(4} Evidence that no lots shown on the ~inal subdivision map
or parcel map have been sold within ~ive (5) years ~rom
the date such final subdivision map or parcel map was
filed for record;
(5) A final. subdivision map in the form prescribed by
Government Code section 65443 which delineates
dedications which will not be vacated and any dedicati.on
required as a conditian to reversion."
~~Section 20-~186. Actions an reversi.ans to acrea e b final
subdivision ma . The Di.recto~~-Devel.apment Services shal~ prepare
and present a staff rEport to the Develapment Review Commi.ttee.
The Development Review Committee shall conduct a hearing and
sha11 rev3.ew the petiti.on with the petitioner or Director-
Develop~nent Serviaes and sha11. ensu~e that the petit.ior~ complies
5
with the ~equirements of this chapter. The ~evelopment Review
Committee sha11 forward its ~eport to the Board of Supervisors."
Sectian 4. In oxder to implement the creation of the
Depa~tment of ~evelopment 5~rvices, the following sections of
Articles II, II~, ~V, and VII of Chapter 2A of the Butte County
Code are ame nded by substituting the words ~~Development Revi.ew
Com~nittee" fo~ the wo~ds "5ubdivision Revi.ew Committee~t, wherever
such l.atter wo~ds may appear in the title or tegt thereof:
Sectian 20-].0. Adviso a enc .
Section 20-12. Appeal board.
Section 20-32. Mapr,,,_prel.iminary.
Section 20-60. When a tentative or final ma is re u~.red.
Section 20--64. Subdivision Review Committee action.
Section 20-161. Notice of Vio~at~.an.
Section 20-1.62. ardincx notice of vio~ation_
Acti.on xeq
,
Section 2A-163. EffECt of recordation of notice of
violation.
Section 20-165. Certificate of co~n 1ia~ce.
Section 20-166. Action by subdi.vision committee on,request
for certificate of co~~liance.
Sectian 20-167. Canditional issuance of certificate of
com liance.
Saction 20-~69. Denial of certificate of compl.~.ance.
S~ction 20-172. A~p~al-
5ectian 5. In order ta imp].~ment the creation af the
Department of Development Services, the following sections of
7
Articles ~V, V, VI, and VIII of Chapter 20 of the Butte County Code
are amend~d by substituting the words "Director-Development
5ervices" ~or the words "Director of Public Works", wherever such
latter wards may appear therein:
Section 20-62
Section 20-69.
Section 20-73.
Section 20-73.1.
Section 20-103.
Section 20-109.
Section 20-146.
Section 24-180.2
Section 20-185.
Section 2~-188.
Section 20-192.
Time ~or fi~.in .
Final map.
Release of secu~it .
Performance security pravided ~.
assess~nent district.
E iration of ti~ne and egtensian af time .
Action of narcel map.
Tnstallation a~ improvements,
Merger o~ contic~uous ,.,parcels.
When a reve~s~.on to acrea e ma be fi].ed
bv o" thers.
Return of fees, depos.its; release of
sec~rities.
Action on reversions to acrea e b arcel
map.
Section 6. In ordez to implement the creation of the
Department a~ Developm~nt Serv'ices, the following sections of
Arti.cles IV, V, VI and VITI of Chapter 20 0~ the Butte County Code
are amended by substituting the wo~ds ~~Department of Development
S~rvices~! for the words ~~Department of Public Works", wherever such
Iatter words may appear thex~ein:
Section 20-69. Final ma~_
8
Section 20-72. Soi~ report.
Section 20-9~. When a arcEl ma is not re uired.
Section 20-96. Filin~ a~nlication for parcel maps.
5ection 20-104. When parce~ maps mav be waived.
Section 20-125. Gradin .
Section 20-190. When a reversion to ac~ea e b arcel ma
may be ~iled.
Section 7. Tn order to implement the creation o~ the
Department o~ Development Service~, the following sections of
Article II of Chapter 24 of the Butte County Code a~e amended by
substituting the words ~~Director-Deve~opment 3ervices~F for the
wo~ds "Director of Public Works~', wherever s~ch 1.atter words may
appear the~ein:
Section 24-37.8. Maintenance and Re~airs ~or Sa~etv:_
Sec~ion 24-44. fSame - Conditions~
Section 8. ~n order to implement the crea~ion of the
Departm~nt of Development Services, the following sections of
Article IT of Chapter 2~ of the ~utte County Code are hereby
amended by substituting the words "Depax~tment of Development
Se~rices" for the words "Pl.anning DepartmEnt" , wherever such latter
words may appear therein:
Section 24-45. fSam~ - Forin; fees.l
5ection 24-48. Untitled.
Section 24-50. A lication ~or Variance.
Section 24-G3. Procedure ~or investi ation and
prosecution v~ zonincr violations.
9
5ection 24-120. C P~opertv development standards:
Section 24-12D.(D~ S ecial deve~o ment standards:
Section 9. Tn order to implement the creation o~ the creation
of the Department o~ Development Services, the following section
o~ Article I af Chapter 26 of the Butte County Code is hereby
~
amended to read as fallows:
~~Section 26-2. Same -Definitions. Whenever any of the
~ol~.oraing names oz~ terms are used in the Un.ifor3m Building Cade,
such name or ter3m shall have the meaning ascribed to it by thi.s
section as ~ollows:
Buildinci off.icial_ The Manager-Building Inspection o~ the
county.
Code en.farcement agency_
Services of th~ caunty."
The Department of Development
Section 10. In order to implement the creation o£ the
Department o~ Devel.opment Services, the following sections of
Articl.es ~, xI, and IV of Chapter 26 0~ the B~tte Co~nty Code are
hereby amended by substituting the words "Department of Development
Services" ~or the words "Departanent o~ Public Works!' wherever such
latter words may appear the~ein:
Section 26-8. Lacation of buildinQ adjacent to o~ with
acxricultural zone.
Section 26-12. zmprovement ~eguire~nents.
Section 26-20. ,jEn~orcement Authoritvl_.
Sect.ion 26~22. b) A licati.an.
10
Section 26-23. Review of develo ment ermit
a ~ications-Generall .
Section 26-24. CSame-Criteria for evaluatio~.
Secti~n 25-24.(~. Untitled.
Section 26-30. Records• notice a~ water course
alteration.
Section 11. In order to implement the creation o~ the
Department of Development 5ervices, the following sections o~
ArticLes ~ and II of Chapter 26 0~ the Butte Caunty Code are hereby
amended by substituting the words ~~Diz'ecto~-Dev~lopment Services~~
~or the words "Director of Public Works~' wherever such iatter words
may appear the~ein:
Section 26-4. Access-
Section 2fi-13.1 Past onement of street im rovements.
Section 26--14. ReQUireinents ina~plicable i~ adverse to
health, safet~r and welfare.
Section 12. Tn order to imple~ent the creation of the
Department of Development Services, the fallowing section of
Chapter 26B of the Butte County Cod~ is hereby amended by
substituting the words "Manager-Building Tnspection" for the words
"D1.~eCto~' of Puhlic Works" wherever such latter words may appear
therein:
Section 26B-2. Definitians.
Section 13. In o~der to implement the creation of the
Department af Develop~ent Services, the following section of
Chapter 27 of the Butt~ County Code is hereby amended by
11
sul~stituting the words "Manager-Building Inspecti.on" fo~ the words
"Director af Public Works" wherever such latter words may appear
therein:.
5ection 27-2. Same - Definitions.
Secti~n 1.4. In order to implement the creation o~ the
Department of Development Services, the following section of
Chapter 27A of the Butte County Code is hereby amended by
substituting the words j'Department of ~evelopment 5ervices~~ for
the wards "Department o~ Public Works" wherever such iatter wa~ds
may appear therein:
Section 27A-1. Fees charged for services.
Section 15. In order to implemex~t the creation o£ the
Department of Development Services, the folloraing Subsectian of
Secti.on 28-2. of Chapter 28 of the Butte County Code is hereby
amended by substituting the words ~~Manag~r-Bui].ding Tnspection~'
for the words "Director of Public Works" wherever such latter words
may appear the~ein:
Sect.ion 20. ~. Admini.strati.ve Authorit and Assistants.
Sectian 16. In order to implement the creation of the
Department of Development Services, the following sec~ioFr.s of
Chapter 32 of the Butte County Code are hereby a~nended by
substituting the words "Director-Develapment Services" for the
words "Director of Public Wo~ks" whereve~ such 1.atter words may
appear therei.n:.
Section 32-2. DesiQnation of admi.nistrator.
Section 32-8. Addressin rocedure.
12
Section 17. In order to implement the creation of the
Department of Deve~opment Services, the following sectian o~
Chapter 41 of the Butte County Code are hereby amended by
substituting the words "Development Se~vices" ~o~ the wo~d
"Planning" whe~ever such latter word may appear therein:
Section 41-~.I. Definitions.
5ection 41-2. Warnin notices.
Section 18. ~n order to implement the creation o£ the
Department of Deve~opment Services, the follow~ng section ot
Chapter 4~ o£ the Butte County Code is hereby amended to read as
follows:
~sSectian 41-11. De osit of fines. To the egtent permitted
by law, a11 fines levied and paid pursuant to section 4~-5 and all
fees pai'd pursuant to section 41-9 shall be deposited in the county
treasury, fifty (50} percent ta the Development Services Enterprise
Fund and fifty (5Q) percent to the General Fund."
Section 1.9. Sev~rabilit .~ If ar~.y part of this ordinance
sha1.1 be held void by a cou~t of co~npetent jurisdiction. such part
shall be deemed severab.~e, and the invalidity thereof sha11 not
af~ect the ~ema.ining parts of this ord.inance.
Section 20. Ef~ective date: Publ.ication. This ordinance
shall be and i.t is hereby declared to be in fuil. force and effect
from and after thirty (30) days after the date of its passage, and
be~ore the expiration of fifteen (15) days after its passage, this
ordinance shall be pub~.ished once with the names a~ the members of
the Baard of Supervisors voting for and against it in
13
Chi co ~nterpri se Recovd a newspaper pub~.ished in the County o~ Butte,
State of California.
PASSED AND ADOPTED by the Board of Supervisors o£ the County
of Butte, State of California, on the 5th day of May ~
1992, by the foll.owing vote:
AYES: Superv~sors McIr~turf, ~laux, Nic~aughlin, Fu7ton and Chair polan
NOES: None
ABSENT: Nane
NOT VOTING: None
7~AN, `~Chair of the Butte
Board of Supex~visors
ATTEST:
STARLYN BROWN, Acting Chi.ef Adminis rative Of~icer
and le~k of h Board
gy -c~.~...-
14