HomeMy WebLinkAbout3536ORDINANCE NO. 3536
AN ORDINANCE AMENDING CHAPTER 24, ENTITLED "ZONING" 01~ THE
BUTTE COUNTY CODE REGARDING SECOND DWELLING UNITS.
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The Board of Supervisors of the County of Butte, State of California, under and
pursuant to Section 24-25.40 of the Butte County Code of said County, ORDAINS, as follows:
SECTION 1. Section 24-280, of Article V of Chapter 24, of tlae Butte County Code
is hereby amended to read as follows:
§24-280 SECOND DWELLING UNITS
When a Second Dwelling Unit is allowed in a zone district, as specified in Article III, and subject
to applicable permitting requirements, the provisions of this section shall apply.
A. P«pnse and intent: The purpose and intent of this Section is to provide clear and concise
provisions far the location and construction of Second Dwelling Units in conformance with
Section 65852.2 of the California Government Code, while preserving the character and
integrity of single family residential zones in the County and conforming to the policies
of the Butte County General Plan.
B. -Within Urban Areas, as shown
in the County of Butte Improvement Standards for Subdivisions and Farcel Maps, the
following standards shall apply to all Second Dwelling Units:
1. Site requirements. A parcel or lot proposed for a Second Dwelling Unit shall comply
with all of the following requirements:
(a} The parcel or lot shall meet the minimum area requixement of the zone district in
which the parcel or lot is located.
(b) A Second Dwelling Unit cannot be placed on a parcel or lot that already has more
than one dwelling unit on it, including a Tempoxary Mobile Home, as provided in
Sections 24295 and 24-295.10 of this code. Nothing in this section shall limit or
restrict the construction of one guest house, as defined in Article VI of this Chapter,
on a parcel that has a Second Dwelling Unit, provided the guest house meets all
applicable Butte County Codes and Regulations.
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(c) The main dwelling must conform to all of the standards of the applicable zoning
district, including, but not limited to, setback requirements.
2. Development standards. Second Dwelling Units within the Urban Areas shall meet all of
the following standards and conditions:
(a) No more than one Second Dwelling Unit shall be allowed on any parcel or lot.
{b) Shall not exceed 640 square feet in size.
{c} Shall contain kitchen and bathroom facilities separate from the main dwelling unit
and shall have a separate entrance.
(d} Must have adequate sewage disposal facilities and potable water facilities, as
determined by the Butte County Environmental Health Division.
(e} Must be attached to the main dwelling on-site. Attachment shall be by sharing a
common interior wall or common roof.
(f) The owner of the parcel or lot must occupy either the main dwelling or the Second
Dwelling Unit. Prior to issuance of building permits, the property owner shall
execute and record a covenant running with the land stipulating this occupancy
requirement. The covenant shall be on a form approved by the Department of
Development Services.
3. Parking. Two off-street parking spaces shall be provided for the Second Dwelling
Unit. The spaces shall be in addition to the existing off-street parking requirements
far the main dwelling unit.
4: Procedure when certain standards not met: A Second Dwelling Unit irnay e
permitted on a parcel where the main dwelling does not meet the setback standards
listed in 1{c) above or does not meet the size or attachment requirements in 2 (b}
and (e) above only after securing a Use Permit pursuant to the provisions of Section
24-45 et seq.
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5. Use Permits under other zoning regulations. Nothing in subsection 4. above is
intended to limit the right of any property owner to apply for a Use Permit for an
additional dwelling unit when such an application is allowed pursuant to the zoning
district in which the property lies.
C. In areas other than Urban Areas, as
defined in B. above, the following standards and conditions shall apply:
1. Site requirements. A parcel or lot proposed for a Second Dwelling Unit shall
comply with all of the following requirements:
{a) The parcel or lot must be at least twice the minimum parcel size allowed by
the zone or must be two acres or more in size, whichever is greater.
(b) A Second Dwelling Unit cannot be placed on a parcel or lot that already has
more than one dwelling unit on it, including a Temporary Mobile Home as
provided in Sections 24-295 and 24-295.10 of this code. Nothing in this
section shall limit or restrict the constriction of one guest house, as defined
in Article VI of this Chapter, on a parcel that has a Second Dwelling Unit,
provided the guest house meets all applicable Butte County Codes and
Regulations.
2. Development standards. There shall be no size limitation on the Second Dwelling
Unit; however, the dwelling shall meet all of the following standards and conditions:
{a) No moxe than one Second Dwelling Unit shall be allowed on any parcel or
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(b) Shall contain kitchen and bathroom facilities separate from the main dwelling
unit and shall have a separate entrance.
(c) Must have adequate sewage disposal facilities and potable water facilities, as
determined by the Butte County Environmental Health Division.
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(d) Maybe attached to the main dwelling or may be a separate detached dwelling
on the parcel or lot.
{e) The owner of the parcel or lot must occupy either the main dwelling or the
Second Dwelling Unit.
{f} Prior to issuance of a building permit for the Second Dwelling Unit, the
existing road serving the parcel or lot shall be upgraded to the same standard
that would be required of a land division dividing the parcel or lot into two
equal portions.
(g) Construction of the Second Dwelling Unit may require drainage
improvements. The extent of the improvements shall be determined by the
Department of Public Works, and the improvements shall be installed prior
to, or concurrently with, the construction of the Second Dwelling Unit. No
drainage improvements shall be required if the density will be less than one
dwelling unit per five acres.
(h) Prior to issuance of a building permit far the Second Dwelling Unit, the
property owner shall execute and record a covenant running with the land.
The covenant shaIl be on a form approved by the Department of
Development Services and shall:
(i) Stipulate the occupancy requirement of {e), above.
(ii) Prohibit any land division, merger, or lot line adjustment that results
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in a parcel containing the two dwellings whicFi is less t an tvv~ce t ._e
minimum parcel size requirement of the zone.
(iii) Stipulate that any land division proposing to place the dwellings on
separate parcels must meet all the zoning and development
requirements for dividing land in Butte County, including, but not
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limited to: lot size, lot configuration, septic requirements, and setback
standards of the zone in which the parcel is located.
(iv) Stipulate that if all such zoning and development requirements cannot
be met, the parcel shall not be divided.
3. Parking. Two off-street parking spaces shall be provided for the Second Dwelling
Unit. The spaces shall be in addition to the existing off-street parking requirements
for the main dwelling.
SECTION 2. Subsection "C" of Section 24-114, entitled "FR-1 through FR 160 (Foothill
Recreational} Zones", of Article III of Chapter 24, of the Butte County Code is amended to read as
follows:
§ Section 24-114, C. Uses requiring Use Permits: The following uses are permitted subject
to a Use Permit:
1. Mining and conunercial excavation requiring a mining permit and reclamation plan
pursuant to Chapter 13 of the Butte County Code, home occupations which might
be objectionable because of noise, odor, smoke, dust, bright light, vibration,
pollution, traffic congestion, unsightly storage areas, materials or equipment, the
handling of explosives or dangerous rnaterials or the storage of one hundred {140)
or more gallons of flammable fluids.
2. Kennels and animal hospitals on sites not less than five (5) acres.
3. Private or commercial outdoor recreational facilities on sites not less than fzve (5)
acres, including, but not limited to, golf courses, recreational clubs, riding
academies and stables, taunting lodges, and camps, boat ramps, and campgrounds.
4. Public and quasi-public uses.
5. Public tasting rooms in conjunction with a winery on sites not less than five (5)
acres, provided that such tasting room must be accessory to the on-site winery.
6. Wood Lots.
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7. Bed and Breakfast Inns.
$. Mobile home parks subject to the density of the General Plan, in the FR-i zone
only.
SECTION 3. Subsection "A" of Section 24-235.10, entitled "Policies, procedures and
standards for the Firhaven Creek, Paradise Reservoir, and Magalia Reservoir watersheds", of Article
III of Chapter 24 of the Butte County Code, is amended to read as follows:
§24-235.10 POLICIES, PROCEDURES AND STANDARDS FORTHE FIRHAVEN CREEK,
PARADISE RESERVOIR, AND MAGALIA RESERVOIR WATERSHEDS
A. T.an Use
1. Current lot or parcel sizes in the Firhaven Creek Watershed shall be
stringently maintained. No further division of lots or parcels shall be
permitted.
2. Current zoning shall be maintained within the Magalia Reservoir, Paradise
Reservoir and Firhaven Creek Watershed. Consideration of zoning proposals
to a larger minimum parcel size is allowed.
3. No change in zoning shall be made and no use permit shall be issued unless
and until the individual anal cumulative impact of additional sewage disposal
and surface water runoff created by new development which such zone
change or use permit might allow can be proven to the approving authority by
the applicant(s) to have no adverse effects upon the water quality of the
watershed.
4. Notwithstanding the permitting requirements in any zone district which underlies
the Watershed Protection Zone, a Second Dwelling Unit pursuant to Section 24-280,
shall require a Use Permit within the boundary of the Watershed Protection Zone.
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SECTION 4. Section 24-305.375 of Section 24-305, entitled "Definitions", of Article VI
of Chapter 24 of the Butte County Code, is amended to read as follows:
§24-305.375 Second Dwelling Unit: A Second Dwelling Unit is a second dwelling located
on a parcel or lat which is intended to meet the requirements of California Government Code Section
65852.2 et seq. and which meets the limitations and conditions contained in Section 24-280 of this
Chapter.
SECTION 5. This Ordinance shall be and it is hereby declared to be in full farce and effect
from and after thirty (30} days after the date of its passage, and before the expiration of fifteen (15}
days after its passage, this Ordinance shall be published once with the names of the members of the
Board of Supervisors voting for and against it in the Chico Enterprise Record, a newspaper
published in the County of Butte, State of California.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of
California, on the 13th day of July, .1994 by the following vote:
AYES: Supervisors BeeJ.ez, Hoax, Josiassen, Davis and Chair Dolan
NOES: None
ABSENT: None
NOT VOTING: None
LVLH7V, l~riAlK
County Board of Supervisors