HomeMy WebLinkAbout3004ORDINANCE NO. 3C G ~
AN ORDINANCE AMENDING CHAP'i~R 24 4F THE BUTTE
COUNTY CODE
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Tb.e Boa.rd of Supervi.sozs ~of the County of Butte, State of California,
under and pursuant to Chapter 24-29 of the Butte County Code of said County,
DO ORDAIN, as follows:
SECTION 1. Section 24-40 of the Butte County Code is hereb~
added as follows:
§24-40 Administrative Permits.
(a) Puz~ose: The administrative permit procedure is intendec~ to p~rmit
certain uses of property and st~ruuctur~s by administrative permit in lieu of
zequiriug a use pernut. This procedure will be applicable to types of minor
land uses for which standard conditions have been €ormulated and adoptsd
by the Eoard o£ Supervisors. The uses allowed by Admizustra~ive Permit
must be projects that are not subject to, or aze categorically exem~~ from,
environmental review under the provisions of CEQA.
An admi.nzstrative perniit may be approved by the Plan~ing Duector for any
of the uses for which admi~istrative pemuts are required by Chapt~r 24,
as set for~h herein.
(b) An application foz an adm~nistra~ive permit shall be made in writing on a
form prescribed by the plarming director, and shall be accompanied by the
following:
1. A clear and concise iiescription of the proposeti use and
accnmpanying activities; ~
2. Pla.ns, maps or other documents showing the details o~ the proposed
use, buildings or facilities; and
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3. Informa:tion demonstrating compliance with the criteria applicabie to
the pzoposed use.
4. An application fee as set by the Baard of Supervisors.
(e) Applicants shall be notified in writing of incompiete applica~.ons a.nd shall
respond and make the applications complete withi.n 30 days of the mailing
o~ said notice. Failure, without good ea~se, to so respond and eomplete
the application, shall result in th~ application being deemed abandaned, and
no further action shall be taken upon it. Th~ Planning Dizector shall ha~e
the authority tv determine good cause. ~
(d} All applicataons shall be revi.ewed by the members of the Development
Review Comnuttee. The Development Review Committee shall consist of
the Director-Development Services, the Planning Di~ector, the Director of
Public Works, the Directoz of E~vironmental H~alth, theu respective
deputies or appointed representatives, and such other County officers or
employees involved in the development review process o~ the county as the
Director-Development Serv~ces may, from time ~o time, deem appropriate.
The report of the De~relopment Review Cammi.ttee members, including any
recommended conditions o~ approval, shall be ~ozwarded to the Pla.nning
Duector prior to the Director's decision o~ the applicatzon.
(e) The Planning Di.rector sha11 consider approval of the application after the
applieation is accepted as complete and the report from the De~elopment
Revi.ew Committee has been received.
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~.. If the Director determines thaf the proposed use appears tn meet all
criteria applicable to the p~ropased use, the Director shall provide
noti.ce of the proposed approval. The notice shall include a general
expla.nation o~ the matter being.considered, a general description of
~he azea to be affected, the proposec~ conditions of approval, and a
deadline for submitting written comments on the application. The
notice slaall b~ given by mail to the owners o£ a11 property within 300
ft. from the exterior boundaries of the subject pa~rcel. Sa.id no~ice
shall be mailed ~ta said prop~rty owners at their last-l~own addresses
using the address from ~Yie latest equalized assessment roll of the
County of Butte, except that in no ca~e shall less than thirty (30}
sepaxate a.nd inclividual property owners closest to the area being
considered by notified. Failure to receive the notice shall not
invalidate any action on the application. The Board of Supervisors
may, by resolution, pro~ide for adclitzonal no~ice. The L~irector shall
consider any comments received in determi.ning whether all
applicable criteria are met.
2. Lf th~ Pla~u~i.ng Director determines that the proposed use does not
meet a11 criteria applieable to ~he proposed use, the Di~ectar shall
deny the aPPlication.
3. "The Planning Duector may refer an~r adm3.nistra~iv'e permit proposal
to the Planning Commission for a decision if he or she deternaiues
that the nature o~ the project, or the existence of a policy quesi~on,
requires such referral.
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(~ The gra.nting of any administrative pernut may be condi~ioned upnn the
dedica~ion of land or the posti.ng of a bond to guarantee the installation of
public improvements, provided the dedication or public impro~ements are
reasonably related to the use for which the administrative permit is granted.
(g) Any administrative permit granted under this section may be limited to a
specified term. The establisl~ment, maintenance or operation .of any use
under this section shall cease at the end of the specified term, i~ any. No
administrative permit granted under this section may be renewed, but a new
administrative permit may be g~rai~ted upo~ terms and conditio~s
appropriate at tbe time of such grant.
(h) Any in~erested person may appeal ~he decision of the Plarmiug Director to
the Planning Commission within $ days. Such appeals shall follow the same
procedwres applicab~e to a use permit appeal including the no~ce
requirements. An appeal fee, as determined by the Board o~ Supervi.sors
shall be required for any appeal.
(i) Every administrati~e permit issued under this section is revocable for good
cause. Whenever the Planning Director determines that one or more
~rounds exist for ~evaca.fion of an administrative permi~, the Director shall
act in the manner set forth in Butte Coun~y Code section 24-62. The
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provisio~is o~" ~ui.s Article II~o~erning xlie viol.at~on of--tezms of a se
Permit and all re~erences to use permits in those provisions shall be
deemed to i.nclude a reference to Administrati~e Permits.
(j) Every Administrati~e Permit expues and is automatically null and void
without fi~rther ae~ion by the county i~ the activity or use for which the
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administrative permit was gra.nted has not lieen actively and substantially
commenced with one year of the date af its final approval.
(k) The Planning D'uector may extend the time for commencement af the use
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. or activity if a request, made in writing, is made to the Planning
Department prior to expira~ion of the administrative permit. The decision
on an application foar an extension of time i~ ministerial and a public
hearing on the applicat~on is not required. An extension of tia~_~ shall be
approved if the permittee shows reasonable cause for the extension.
R~asonabl.e cause exists if the applicant shows that circumstances beyond
his cnntrol. have prevented him from taking suffiCient a.ction. An extension
shall also be granted if construct~on has commenced and the applicant has
made substantial progress towards compliance with the conditians of th~
permit.
(1) The time limita.tians imposed under subsections ~) and (k) of this section
shall not include any period during which litigation ~s ac~ive~y pursued
challenging the validity of the approval of an Admuustrative Permit.
(m) The hol.der of an Administrat~ve Per~ni.t may surrender it to tlae Planning
Department . at any time and thereafter shall cease to engage in, operate
or main~ain the use.
SEC"IT41V 2: Section 24-21.0O1 of the Butte County Code is hereby -
added as follow5:
§Section 24-21.001 Administrative Peraut: "A permit i~sued puzsuant
to Section 24-40 of this Coc3e."
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SECTION 3. Sectian 24-201 of the Butte County Code is hereby-
a.mended to read as follows:
§24-201 Day Care Facilities
{a) Pur,~ase and in.tent - Quality, affordable, conveniently located, licensed
child care ~s essential to the well being of the ~itizeus of Butte County.
The purpose of this code section is to facilitate the establishment of
licensed fami.ky day care facilities in a manner which sim.pli~es *.~e re~iew
process while ensurin~ con£ormance with applicable standards ~o protect
resident~al neighborhaods.
{b} De~initions:
{1) Small Fa.m~l.y day caze - A residentia~ day care facility far 6 or
fewer children, as ~efined in Chapter 3.4, Article I, Section 1.596.79
of the California Health and Safety Code, Child Care Act.
(2) Laarge Fami.ly day caz~e - A residential. day ca~e facility for 7 to 12
children, as defined in Chapter 3.4, Article I, Section 159~.79 of the
Califorrua Health a.nd Safeiy Code, Child Care Act.
(c) Allowed uses•
(1) Small Family day care facilities shall be an allowed use in all zones
that allow a sin;~l.e family residen~ial use.
.
(d) Administrative Permtt re. uired: .
(1) Large Family day care facilities shall be an allowed in all zones ~hat
a11ow a sing~e family residential, use subject to obtai.uiug a.n
Administrative Permit pursuant to section 24-40 of the Butte County
Code.
1 {e) Standard an con 'ti : ~
2 Large Family day care faciiities allowed by Administrati~ve Permit shall meet
3 all of the following standards and concutions:
. 4 1_ The facility ~s a single family re~idence that is the principal residence
~ of the provider a.nd the use i~ clearly incidental and secondary to the
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use of the property for residen~ial purposes.
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2. Prop~rties proposed for La.rge Fam-i.~y day care . shall be located at
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Ieast 5QO feet drivi.ng distance from~any other La~rge Family day care
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~p property and the granting of the permit shall not result in any
I1 residence be~ing bounded on more ~laan one side by a Large Fa~ily
12 day care.
13 3. Large Family day ca~re homes shall mee~ the following traffic control
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~5 a. In addition to providang the required number of parki.ng
~~ spaces for the residential use, one off street parki.ng space for
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each employee of the facility and one off street pa.rking
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space/loading area shall be provided. The driveway a.~rea may
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be used to meet this requirement.
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2I b. La~rge Family day care homes loca,ted on pruicipal. or minor
22 arterial roacis as designated by the General Plan-Cu at~on -
23 Elemen# shall provide drop-off and pick-up areas which
24 prevent ~ehicles from backing onto such roads.
2g c. Properties proposed for La.rge Family day care homes shall
2$ have frantage on and access off of a paved road. Roads that
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are constructed ~or the pwrpose of ineeti.n~ this requirement
shall m~et the RS-4C standard as contained in the Butte
County Improvem~nt Standards contained in Chapter 20 of the
. Butte County Code. .
4. One sign, not to exceed 3 square feet, shall be allowed.
5. The La~ge Family day care home shall ba licensed by the Cali.fornia
Department of Social. Services, Community Car~ Licensi~:z!~.
6. Meet all Stat~ Fire Marshall regulations pertainiug to Lasg~ Family
da~+ care facili~ies.
7. The applicant must meet all other applicable Coun~y and S~ate
ordinanees, statutes, and regulations.
8. Facilitzes not meeta.ng the above standards shall require a Conditional
Use Pernv.t to operate.
(~} sUSMI'r~'A,~, u~ urR.EME
An application for an Administrat~~e Permi.t for a Large Family day ca~•P shall be
made ~.n writing on a form, including supplementai information or materia.l, as
prescribed by the Planning Director.
SECTION 3. Sectian 2A~-202 of ~he Butte County Code is hereby
amended to read as follows:
§'24=202 Seriior Citizens Dwelling Unit
{a) Pur~ose and int~nt - The purpose and intent of this section is to facilita~~
the provisions of quality affordable housing foar persons 62 years of age vr
over in conformance with seetion 65852 et seq. of the California
Government Code while still prese~ving the cha~racter and integrity of singie
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fa.miiy residential zones throughaut the County and in conformance with the
policies of the Butte County General Pla.n.
(b) Definition•
A Senior Citizen Dwelling Unit as a s~cond dwelling on a parcel or lot,
which is attached to or d~tached from ~he pri.mary residence. The dwelli.ng
~nit i~ intended ~or the sole occupancy of one adult aged b2 years or over
or tvwo adult persons, one o~ whom is b2 years of age or ovez.
(c} Admrni rati.ve P rmi r uir d:
A Senior Ci~izen Dwelling Unit shall ~ be permitted in all zo~un.g
class~eations listed in Chapter 24 of the Butte County Code which allow
a single family dwelling as a permitted use, subject to obtainang an
Administrati~e Per~mit pursuant to Section 24-40.
{d) Standaxds and conditi ns:
Senior Citizen Dwelling Units allawed by Administrative Permi~ shall meet
all of the fallowing standarc3s and conditions:
(1) The lot or parcel on which the seni.or citizen dwelling unit zs
praposed contaius an existin~ single-family dwelling uzut.
(2) The "living area," meaning the interioar habi~ble floor space area of
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a dwelling unit including basements and atti~~cs, but no~ includi.ng a
garage or any accessory structure, shall not exceed ~.,20U squa~e feet
for a detached senior citizen dwelling unit: The "living area" of an
attached dwelling unit shall not exceed 640 squaare f~et or 30% af
the existi.ng s~ngle-family dwelling unit living area, whichever is
greater.
1 (3) The senior citizen dwelling unit i~ intended for the soie occupancy
2 of one (~) adult 62 years of age or over or two {2) adult person.s,
3 one of whom is 62 years of age or over. An af~davit of compliance
4. with the age requiremen~s of this section shall be recorded in the
5 office of the Recorder prior ~o issuance of building permits. Said
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affidavit shall include the legal. description of the lot or parcel and
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shall constitute a covenant running vv~th the land, binding upon the
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original owners and their heirs, successozs and assigns, limiting the
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occupancy of the senior citizen dwelling uni.t to the conditions
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~Z described in this section.
~2 (4) The senior ci.tizen dwelling unit shall not be sald as a separate unit
13 unless a parcel containing the unit is c~reated in compliance with #1~e
14 existing zoning and subdivi~ion ordinances and the resulting density
15 ~S in confo~rmance with the General Plan. .
~s (5) Two off-s~reet pari~g spaces shall be provided for the senior c~tizen
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dwelling unit in addition to the parking spaces requi~ed for the
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pri.m,ary dwelling unit.
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(G} Adequate sewer and water faciliti.es shall be provided subject to the
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appro~val. of the Enviranmental Health Department.
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(7)
A.ll site development 5tandards as r~quired by ~he zorung clistrict in
23 which the unit is located shall be met.
24 (8} The Senior C`itizen Dwelli.ng wut shall be a conventionally
2g constructed building or a mobile home ~hat complies with the
2S National Manufactured Housi~ng Construction and Safety Standards
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Act of 1474, except that ix~ the "A", "FR", and "TM" s~ries of zones
a mobile home, as defined in Section 24-21.28, may be used. Travel
trailers an.d recreataonal vehicles shall not be allowed as a Senior
Citizen Dwelling unit.
(9) The approval of this permi.t constitutes approval only to the extent
tha,t the project complies with the Butte County Code and all other
applicable reguiations.
{~.0) Any propos~d gradang which will create cuts or fills in excess of 18"
for roads, driveways, building sites, drainage ways or ditches on
paxeels shall be shown on the map included with ~.he application and
shall be reviewed and approved by the Department of Public Works.
(1.1) The requirements o~ all concemed governmental a~encies having
jurisdiction by law, inclucling but not limited to the issuance of
appropriate permits, shall be met.
(e) SUBM~TTAL RE U~REMEN'1'S
An application for an administra~.ve permit for a senior cit.i.zen dwelling unit shall
be made in writing on a form, in.cluding suppl~mental informat~on or material, as
prescribed by the Planning Director.
SECTION 4. This Ordinance shall be and it is hereby declared to
be in £ull force and effect from and after thirty (30) days after the date of its
passage, and befare the expi~ation of fifteen (IS) days after its passage, this
Ordinance shall be published onee with the names of the members of tlne Board
o£ Supervisors voting fvr and against it in the Pa.~adise Post, a newspaper
published in the County of Butte, State of California.
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PA5SED AND ADOP'I'ED by the Board of Supervisoars of the
County of Butte, Sta.te of California, on the StY~day of P~~ay , 1992, by the
following vot~: ~
AYES. Su~~:rvi sors ~l~ic I~ ~~~•~, ~-~~~x, P~ci~aiaC~i1 ~~, ~u~ ~~r ar~ ~'i~a7 r~ ~t~l zr~
NOES: ~~~~~~°
ABSENT: ~fone
NOT VC?TING: ~eDn~
v, c~t~t~a.v
Board of Supervisozs
ATTEST: WILLIAM H. RANDOLPH;
4f~icer and Cl~~k of the Boaz~d
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By ~ ~ ~ ~
Ad~ninistrafi~ve