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Home My WebLink About31271 Ordinance No. 3127 2 3 ORDINANCE AMENDING SECTIONS 26-10, 26-11, 26-12, 26-13, 26-13.1, AND 26-14 OF THE BUTTE COUNTY CODE AND ADDING SECTION 26-12.1 TO 4 THE BUTTE COUNTY CODE REGARDING ADDITIONAL IMPROVEMENT REQUIREMENTS FOR CERTAIN BUILDINGS IN RURAL AND URBAN AREA 5 6 The Board of Supervisors of the County of Butte ordains as ~ follows: s 9 Section 1. Section 26, Article II of the Butte County Code is amended to read 1c as follows: 11 ARTICLE I1. ADDITIONAL IMPROVEMENT REQUIREMENTS FOR CERTAIN 12 BUILDINGS 1N SPECIFIED URBAN AND RURAL AREAS 13 Section 26-10. Findings; necessity for additional improvements for development 1~ in specified urban and rural areas. 15 The Board of Supervisors finds that additional building and development 16 requirements are necessary in order to protect the health, welfare, and safety of the t.7 general public in the unincorporated area of Butte County as specified in this Article II. 1s The Board further finds that such additional requirements are necessary in order to 19 protect the health, welfare and safety of the general public, including but not limited to 20 those people residing within said areas as well as those using the county roads in said 21 areas. 22 Section 26-11. "Urban and Rural areas" defined. 23 The urban areas to which this article is applicable are hereby described 24 as those certain areas surrounding the Chico, Durham, Gridley, and ~roville urban 25 areas, as shown on maps established by a resolution or resolutions of standards 26 adopted by the Board of Supervisors pursuant to Chapter 20 of the Butte County 27 28 1 1 Code as being the said urban areas. A copy of said maps steal! be on file with the 2 County Clerk, county Planning Division, county Health department and Public Works 3 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 s be filed in the aforesaid county offices. ~ The rural areas to which this article applies are hereby described as all ~ unincorporated areas outside of the designated urban areas. s Section 26-12. Improvement requirements. Urban areas. 9 When a building permit for a new building or other permits required for 1o modular buildings or mobile homes are required for commercial or industrial uses or ~~. for multiple living unit uses having three (3) or more living units per parcel, and the 12 project involved falls within one of the urban areas described in Section 26-11, in 13 addition to all other requirements set forth in the Uniform Building Code as amended 14 and adopted by reference in this chapter, the construction or curbs, gutters, sidewalks ~.~ or walkways and drainage facilities and dedication of any necessary rights-of-way shall 15 be required. The technical standards and specifications of the aforesaid ~~ improvements shall be as provided for subdivisions in Chapter 20 of the Butte County 1s Code and a resolution or resolutions of standards adopted pursuant thereto. The 19 Butte County Department of Public Works shall determine and approve the grade, 20 width and location of all required improvements on county roads from surveys or other 21 information submitted by the developer's engineer or from file information if available. 22 Any relocation caused by county alignment or grade changes for future road 23 construction shall be the responsibility of the county. 24 Section 26-12.1. Improvement requirements. Rural areas. 25 When a building permit for a new building or other permits required for 25 modular buildings or mobile homes are required for commercial or industrial uses or 27 28 2 i for multiple living unit uses having three (3} or more living units per parcel, and the 2 project involved falls outside one of the urban areas described in section 26-11, in 3 addition to all other requirements set forth in the Uniform Building Code as amended 4 and adopted by reference in this chapter, the construction of the public roads, proper s access from drainage facilities and dedication of any necessary rights-of-way chalk be 6 required. The technical standards and specifications of the aforesaid improvements 7 shall be as provided for subdivisions in Chapter 2D of the Butte County Code and a s resolution or resolution of standards adopted pursuant thereto. The Butte County g Department of Public Works shall determine and approve the grade, width and to location of all required improvements on county roads from surveys or other 1 ~. information submitted by the developer's engineer or from file information if available. 12 Any relocation caused by county alignment or grade changes for future road 13 construction shall be the responsibility of the county. ~.4 Section 26-1~. Postponement of Drainage Improvements. ~~ Notwithstanding the provisions of Section 26-12 or section 26-12.1, 16 drainage improvements may be postponed at the discretion of the Board of 17 Supervisors or the Director of Public Works on the deposit of a drainage fee in an Zs amount determined by the Board of Supervisors (by resolution), which fee shall be 19 reserved for the cost of the required drainage facilities, provided that an interim 20 drainage solution is available on the property in question. 2]. Section 26-13.1. Postponement of Street Improvements. 22 Notwithstanding the provisions of Section 26-12 or Section 26-12.1, street 23 improvements may be postponed at the discretion of the Board of Supervisors or the 24 Director of Public Works for a period of five (5) years upon the deposit of a negotiable 25 fee in an amount determined by the Director of Public Works, which fee should be 26 reserved for the cost of the required street improvements. 27 28 ~ ~ This postponement shall be made only if there are no other such street 2 improvements within five hundred (500) feet of this installation and if such other 3 facilities are not constructed in the neighborhood, Butte County will refund the 4 assurance fee at the end of five (5) years. 5 Section 2fi-14. Requirements Inapplicable if Adverse to Health, Safety and 6 Welfare. ~ Notwithstanding anything to the contrary in Section 26-12, 26-12.1 and 8 2fi-13, the requirements contained therein shall not be applicable if their application 9 would adversely affect the health, safety and welfare of the general public because of ~a special circumstances applicable tv the immediate area of the improvement, including 11 the topography and the nature of other developments in the area. The determination s2 whether the requirements in a particular case would cause such adverse affect on the 13 health, safety or welfare shall be made by the Director of Development Services after 1~ consultation with the Director of Public Works and subject to appeal to the Board of ~5 Supervisors in the manner specified in Article IX of Chapter 20 of the Butte County ~ 6 Code. ~'~ Section 2. Severabili is if any part of this ordinance shall be held void by a court of competent ~g jurisdiction, such part shall be deemed severabie, and the invalidity thereof shall not 20 affect the remaining parts of this ordinance. 2 ~ Section 3. Effective Date of Ordinance Publication. 22 This Ordinance shall be and it is hereby declared to be in full farce and effect 23 from and after thirty (30) days after the date of its passage, and before the expiration 2~ of fifteen (15) days after its passage, this Ordinance shall be published once with the 25 names of the members of the Board of Supervisors voting for and against it in the 26 Chico Enterprise Record a newspaper published in the County of Butte, 27 28 4 5 6 71 8 9 10 11 12 13 14 15 16 ~. 7 18 19 20 21 22 23 2 4 ', 25 26 2'7 28 State of Califiornia. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, on the sth day of March , X994, by the following vote: AYES: Supervisors ~}o1an, Houx, Thomas NOES: None ABSENT: Superva.sors Meyer, McLaughJ.in NOT VOTING: None ,.'~ ~~ , / Butte ATTEST: JOHN BLACKLOCK Office and Clerk of Board gy d_e_~ 5 Board of Supervisors