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HomeMy WebLinkAbout3575ORDINANCE NO. 3575 1 2 3 4 5 6 7 8 9 10 1~ 12 15 Z4 15 16 ].7 18 Z9 20 21 22 23 24 25 26 AN ORDINANCE AMENDING CHAPTER 24 OF THE BUTTE COUNTY CODE The Board of Supervisors of the Caunty of Butte, State of California, under and pursuant to Chapter 24-40 of the Butte County Code of said County, DO ORDAIN, as follows: SECTION I . Section 24-167 of the Butte County Code is hereby added in its entirety to read as follows: §24-167 RESEARCH AND BUSINESS PARK (RBP) ZONE A. Purpose and Iutent The Research and Business Park (RBP) zoning district is designed to encourage and promote the development of high quality, extensively landscaped, and well- maintained, developments in a campus-like environment. The primary land uses are research and develapment, business/professional corporate headquarters and light industrial and manufacturing geared toward high and advanced technology. Research and Business Parks are subject to the high land use standards contained in this zoning district in order to ensure land use compatibility and a quality business environment. Site-specific design requirements specify extensive natural open space areas, active and passive recreational amenities, and complementary landscaping. Design Guidelines are required for each Research and Business Park to integrate the natural environment, structural improvements, and landscaping elements to create high quality developments. The Master Development Plan prepared for each RBP project specify site-specific standards for the design of individual parcels and lots in the RBP project. The Design Guidelines specify setbacks for buildings and parking areas; extensive landscaping requirements; lighting design requirements; requirements for screening of parking areas, service areas, mechanical equipment; and other design criteria. The Research and Business Park zone facilitates innovative site planning, including the ability to cluster parcels and development areas in order to avoid constrained lands and preserve common open space. This zone also provides the flexibility to develop a variety ofproject types and a range of compatible uses. This zone district may only be utilized on lands designated Research and Business Park by the General Plan. 11 2 3 4 5 6 7 S 9 10 1Z 12 13 Z4 15 16 1'7 18 19 20 2I 22 23 24 2~ 26 Specific components of individual Research and Business Park developments, including land uses, development standards, infrastructure requirements, and site and architectural design, will be defined through the Master Development Plan process. B. Research and Business Park Master Development Plan Process it is the intent of the Research and Business Park (RBP} zone to provide for the ultimate development of all lands within the Research and Business Park with minimal requirement for subsequent discretionary entitlement processing. To that end, development standards and requirements will be established through the Business Park Master Development Plan process. The Reseazch and Business Park Master Development Plan will serve as a comprehensive program to determine the parameters and standards for the uses, design and maintenance of all land within the Research and Business Park boundary. Following Master Development Plan approval, applications for site development and building construction within an approved Business Park are subject to the Administrative Permit Process, as set forth in Section "C" of this zoning district. 1. Pre-Application Review: An optional pre-application review is encouraged for all Master Development Plans. Said pre-application review shall occur in accordance with the process established by the Director of Development Services. 2. Master Development Plan Submittal Requirements. In addition to the basic application filing requirements, minimum submittal requirements include the following: a. Conceptual project design, including the following: 1) Master site development plan showing development parcels and their uses, building areas, vehicular and pedestrian access and circulation, open space areas, landscaping, and parking; 2) Draft Design Guidelines which establish the architectural standards and requirements for the topics in Section "J" and include a description of the proposed method of administering and enforcing Design Guidelines and maintaining open space areas. 3) Typical elevations that illustrate the range of architectural styles provided for in the Design Guidelines. 2 1 2 3 4 5 6 7 H 9 la 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2s b. Schematic infrastructure plan (i.e., roads, sewer, water, storm drainage) showing size and availability of facilities and a description of necessary utilities. c. Topographic map. A topographic map of the project site and land and structures within 100 feet of the project boundaries. The map shall be drawn to a scale of not Less than one inch equals 100 feet with a contour interval of five feet. d. Slope maps. Maps of existing and final slope depicting the following slope categories: 0-5 percent, 6-10 percent, 11-15 percent, 16 percent and higher shall be shown using contrasting patterns or colors. e. Preliminary grading, erosion control, and drainage plan. 1: Hydrology report. A hydrology report which shall identify areas of possible inundation, downstream effects, natural drainage courses, primary groundwater recharge areas (as applicable), effect of hydrologic conditions on the proposed development, recommendations regarding the adequacy of facilities proposed for the site, and proposed solutions to mitigate identified hydrologic hazards. The report shall be prepared by a Registered Civil Engineer experienced in hydrology and hydrologic investigation. g. Biological resource assessment. A biological resource assessment of the subject site by a qualified biologist including the location and species of trees over six inches in diameter at breast height; habitat type; and the occurrence of any special-status species within the area. h. Traffic study. A traffic study prepared by a qualified traffic engineer to assess current levels of service and needed improvements of both on-site and off-site roads. The study shall also evaluate pedestrian and bicycle opportunities, transit, and unique characteristics of the vehicle mix, etc. A Specific Plan, as identified in Section b5450 et seq. of the California Government Code or a Development Agreement pursuant to Butte County Resolution No. 81-229 may be used by the applicant to fulfill the requirement for preparation of a Master Development Plan. 3. Phasing of Develor~ment and Infrastructure. Business Parks may be developed in phases, where so identified in the Master Development Plan. 3 1 2 3 4 5 6 7 8 9 ZO ii 12 ].3 14 15 Z6 17 18 19 20 2Z 22 23 24 25 26 4. Master Development Plan Approval. The Planning Commission will review and consider the draft Master Development Plans. In approving the Master Development Plan, the Planning Commission must find that it is consistent with the General Plan and all provisions of this zoning district. The procedure for review and consideration of a Master Development Plan and for appeals shall be as specified in Sections 24-45.20, 24-45.25 and 24-45.30, except that the requirements for findings shall be as specified herein. 5. Master Development Plan Amendment Process. Requests for major amendments to an approved Master Development Plan shall be subject to review by the Planning Commission, except that minor amendments maybe reviewed and considered by the Director of Development Services. 6. Relationship to Subdivision Process. A Tentative Subdivision or Parcel Map is not a requirement or prerequisite of Business Park development and Master Development Plan approval. A Tentative Parcel Map ar Subdivision Map may be submitted and processed concurrently with a Master Development Plan. Alternatively, such map requests maybe submitted as a condition of Master Development Plan approval. C. Administrative Permit Process Once a Master Development Plan has been approved by the Planning Commission, the Director of Development Services is authorized to grant administrative permits for any use consistent with the listing of Principal Permitted Uses. A building permit or grading permit shall not be issued until an Administrative Permit has been approved by the Director. The Director shall determine that all uses and development standards are consistent with the approved Research and Business Park Master Development Plan and within the scope of the environmental review and detemunation for the overall Research and Business Park. The Director shall also verify that the applicant has received design review approval by the Research and Business Park Property Owners Association or other established entity. The CCandR's, as required in Section L, shall be submitted for review and approvals. D. Principal Uses Permitted The following is a partial, representative listing of the Principal Permitted Uses within the Research and Business Park (RBP) zone. Other, similar uses may be permitted as determined by the Planning Commission or Director of Development Services: 4 1 2 3 4 ~, ~! 7 8 9 14 ].l 12 13 14 15 16 17 18 19 2d 2~. 22 23 24 25 26 1. Advanced technology, research and development uses, and facilities used for testing and analysis of products, including, but not limited to the following representative types: a. Computer software anal hazdwaze design. b. Telecommunications. c. Biotechnology. d. Agricultural technology. e. Pharmaceuticals. £ University-based research and learning centers. 2. Business and Professional corporate headquarters, including, but not limited to the following representative types: a. Banks and other financial institutions. b. Data processing and management centers. c. Insurance companies. d. Health-related industries. e. Direct sales/telemarketing. f. Professional services, including engineers, architects and other consulting businesses. 3. Uses that emphasize product development over high volume production (or high value to weightJvolume), including, but not limited to the following representative types: a. Computer software and hardware manufacturing. b. Book and magazine publishing. c. Medical and dental products. 5 1 2 3 4 5 6 7 s lp li 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 d. Applied technology. e. Specialty manufacturing. E. Accessory Uses 1. Retail Uses. Tatal building square footage shall not exceed 1% of the floor area ratio of a parcel or of the total floor area ratio of the entire Research and Business Park. Retail uses may only be developed after 25% of the Research and Business Park inbuilt-out, unless such uses are operated by and included within the building of a Principal Permitted Use. The Planning Commission, during consideration of the Master Development PIan, may allow deviations from these limitations. Following Master Development Plan approval, deviations will be permitted only pursuant to a Use Permit. Following are representative types: a. Restaurants, coffee shops, delicatessen and sandwich shags. b. Health and athletic clubs. c. Barber and beauty shops. d. Small shops specializing in sundry items, including newspapers and magazines, snacks and candy, tobacco, and similar products. 2. Plazas. 3. Amphitheaters. 4. Gardens and fountains. 5. Outdoor art, sculptures and exhibits. b. Public or quasi-public facilities. 7. Administrative offices and warehousing to support primary use. S. Joint-use facilities, including video conferencing centers and assembly and conference halls. 6 1 2 3 4 5' 6 7 8 9 10 I1 12 13 I4 l~ 16 1'7 18 19 20 23 22 23 24 25 26 F. Temporary Uses 1. Construction offices. 2. Sales and leasing offices. 3. Real Estate signs. G. Uses Requiring Use Permits A Use Permit shall not be granted for any proposed use which would be incompatible with the construction or operation of any Principal Permitted Use. To the extent possible, uses shall be operated within the parcel and building of a Principal Permitted Use in order to maintain the appearance and character of the Research and Business Park. Use Permits shall only be considered and approved by the Planning Commission for those uses proposed subsequent to approval of the Master Development Plan. 1. Representative Uses Requiring a Use Permit. The following is a partial, representative listing of uses that require a Use Permit. Other similar uses may also be considered with approval of the Director of Development Services. a. Day care centers, except when operated within the building of a Principal Permitted Use. b. Limited stay residential facilities. c. Retreat and conference facilities. d. Commercial public access communication antennae and towers, including those used for satellite and cellular systerns, if not operated as part of a Principal Permitted Use. e. Uses or buildings that deviate from the Site Development Requirements in Section "I" or from the Accessory Use limitations set forth in Section "E.l". f Special events, such as trade fairs. g. Trade or professional college. 7 1 2 3 4 6 7 8 9 10 1.1 12 13 14 15 16 17 ~.8 19 2a j 21 22 23 24 25 26 H. Prohibited Uses 1. All uses not specifically listed or otherwise determined to be incompatible. 2. Billboards and off-site signs. 3. Uses with outdoor storage and/or production. 4. Recycling centers. S. Food processing plants. I. Site Development Requirements The fallowing Site Development Requirements shall apply to all uses within the Research and Business Pazk zone. Any standard may be modified during the Master Development Plan process. For individual projects proposed after Master Development Plan approval, modifications will be considered by the Planning Commission through the Use Permit process. A modification may be approved if it is determined that the modification meets the intent of the Research and Business Park zone, would result in a superior development or results in a comparable outcome, and would nat result in greater impacts an surrounding properties or the environment in general. 1. Minimum Research and Business Park size shall be 200 acres. 2. The following table establishes Site Development Standards based on applicable lot size. Proposed Lot Sizell 1 - 14 acres 10 acres or l,~er a. Lot dimension requirements. - Lot width. 100 feet 2S0 feet - Lot depth. 150 feet 2SOfeet b. hnperviaus surface limit.l2,S,6 70% 60% 8 1 2 3 4 5 6 7 S 9 la ~i Z2 13 Z4 Z5 16 17 18 ~.s 20 2Z 22 23 24 2~ as c. Maximum floor area ratio./6 0.5:1 0.3:1 d. Building setback requirements.13 - Front 40 feet 100 feet - Side/Street side 10 feet140 feet 40feet/ 100 feet - Rear 10 feet 25 feet e. Building height limit. 40 feet 40 feet f. Parking requirements. (Refer to Zoning Ord. Sec. 24-240} g. Minimum open space and landscaping requirement./4 30% 40% 1/ Lot sizes maybe smaller if the Business Park includes commonly-owned space. See also Nate 6. 2/ Includes buildings, parking areas, and all paved surfaces. Pedestrian paths and recreation facilities in open space and building setback areas are exempt. 3/ Building setback areas must be landscaped or maintained as open space. No impervious surfaces are permitted, except for driveways, emergency access, pedestrian walkways, bicycle paths, etc. 41 Includes ornamental landscaping and landscaping for active and passive recreation. Drought tolerant plant species are recommended. S/ In some instances, the rnaximum impervious surface area will be reduced in order to comply with required building setbacks, which prohibit impervious surfaces. 6/ For projects which propose common open space, the floor area ratio and impervious surface limits will be based on the entire project area rather than the individual parcel or lot. J. Design Guidelines Design Guidelines that adhere to the parameters described in this section shall be prepared and submitted by the applicant and approved as part of the Master 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1S 19 20 2]. 22 23 24 25 26 Development Plan process described in Section "B" of this zoning district. All uses within the Research and Business Park shall adhere to Design Guidelines formulated specifically for the Research and Business Park in which the use is located. Design Guidelines shall address the topics shown below. The following guidelines are primarily intended to identify the topics which must be addressed. Secondarily, these guidelines provide direction (i.e., establish parameters) in certain topical areas. It is the intent of this section that applicants be allowed considerable flexibility in the manner in which the design parameters are met. 1. Site Design. a. All development should be sensitive to viewshed preservation for nearby properties within and beyond the Business Park. b. Parking lots should not be a visually dominant site feature when viewed from adjacent streets. Large expanses of parking lot surface are to be avoided in favor of smaller units. c. Wherever possible, employee parking areas should be separated from streets by buildings. d. Where parking lots are visible from streets, parked vehicles should be partially screened with perimeter landscaping or landscaped earthen berms that does not interfere with sight distance at driveways and road intersections. e. Well-defined, safe pedestrian. walkways shall be provided through all parking areas with connection to adjacent streets. f. Vacant parcels and areas not subject to immediate development should be planted with annual grasses and mowed on a regular basis. g. Plazas and courtyards, protected from weather and nuisance factors (such as loading/service areas and mechanical equipment}, should be provided within each project for the benefit and enjoyment of employees. 2. Landscape Design. a. Landscape plans shall include a recommended plant list prepared by a Licensed Landscape Architect. Native plants and drought tolerant species should be emphasized. l0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 b. Plans shall address parking lat shading and screening, streetscape, and all areas of the parcel. All required setback areas, which must be either retained as open space or landscaped, shall be maintained. c. Xeriscape landscaping is encouraged in order to minimize maintenance requirements and water consumption. d. All landscaped areas shall be irrigated, except xeriscape plantings. e. All parking lots shall include shade trees that, within 10 years of installation, shade at least 50 percent of the pavement at the summer solstice (June 21). 3. Architectural Design. a. A range of acceptable building forms, materials, and colors shall be specified. b. All primary building materials should be able to withstand local weather conditions with little or no degradation in appearance or function. c. Large expanses of uninterrupted wall planes are discouraged where visible from a street or Research and Business Park property line. Various techniques may be utilized to reduce the visual monotony of such vertical surfaces, including deep ofd sets and recesses, windows, ', trellises, variations in colors and materials, and architectural detailing that creates definite shadow patterns. d. To the maximum extent possible, the appearance of large, monolithic building mass shall be avoided. Where large-footprint, rectilinear buildings are necessary and appropriate, the perception of mass shall be reduced by breaking wall planes into smaller, connected sizes. Apparent building mass can also be reduced by incorporating extensive tree screening. e. While the Site Development Requirements allow buildings to attain a height of 40 feet, consideration should be given to varying heights as a means of improving visual interest. f. Primary building entrances should be oriented toward the street. 11 1 2 3 4 5 6 7 8 s 10' 11 12 13 14 Z5 is 17 I8 19 20 21 22 2~ 24 25 26 4. Signage. a. A conceptual design theme for all signs shall be developed. Signs may only identify the name of the building. Individual tenants in multiple occupancy buildings may not be listed in the building sign. b. Signage not affixed to buildings shall be monument-style and integrated into the landscape design. c. Only exterior illumination of signs shall be permitted. d. Billboards and off-site signs are specifically prohibited. e. All signs shall be constructed of materials able to withstand local weather conditions with little or no degradation in appearance or function. 5. Lighting. All exterior lighting fixtures shall be shielded and oriented downward to minimize light spillage and glare beyond the Research and Business Park. 6. Walls and Fences. a. All walls and fences shall be buffered with landscaping and/or landscaped earthen berms. b. Walls and/or fences shall be constructed of durable, low maintenance materials. Chain link fencing is prohibited. c. Solid walls and fences higher than three (3) feet in height are not permitted within the required setback areas. 7. Pedestrian and Bicycle Circulation. a. A Pedestrian and Bicycle Circulation Plan shall be prepared. b. Bicycle lockers and racks are required. Safe and convenient pedestrian and bicycle access shall be provided from parking areas to buildings, between buildings, to streets and throughout the Research and Business Park. 12 2 3 4 5 6 7' 8 9 10 11 12 13 i4 1~ is i 17' 18' 19 20 21 22 23 24 25 2B c. Consideration should be given to provision of employee shower and locker room facilities as a means of encouraging bicycle commute travel. 8. Public Transit. Provision shall be made for public transit facilities along Research and Business Park streets and in parking areas, in accordance with County transit requirements. 9. Loading and Service Areas and Mechanical Equipment. Particular attention shall be given to the siting of loading and service areas to minimize visual and acoustical impacts. Visual and acoustical screening shall be included, where needed. 10. Public Facilities and Utilities. All utilities shall be installed underground, with the exception of transformers which may bepad-mounted. Pad-mounted facilities shall be screened from off site view using shrubs. 11. Grading, Drainage, and Erosion Control. Contour grading techniques shall be used to blend site grading into natural topography. Grading shall be designed to: a. Conserve natural topographic features by minimizing the amount of cut and fill and by blending graded slopes and benches with the natural topography; and b. Retain major natural topographic features, including canyons, knolls, ridgelines, and prominent landmarks. 12. Agricultural Lands and Sensitive Environmental and Historic Features. a. Buffers shall be provided to agricultural lands and sensitive environmental and historic features outside the Research and Business Park. b. Agricultural uses may be integrated into private or common open space or landscaped areas within the Research and Business Park. 13 1 2 3 4 5 6 7 8 9 10 I1 12 i3 14 15 16 1'7 18 19 20 21 22 23 24 25 28 c. Mature trees, creeks, rock outcroppings and other natural features shall be preserved and incorporated into Business Parks whenever possible. Historic features, such as rock walls, should also be incorporated. d. Flexible lot sizing and clustering of development areas is encouraged as a means of preserving and incorporating sensitive land features within a Research and Business Park. e. Maintain a building and grading setback of at least one hundred (100} feet from the top of bank or high water mark (whichever is greater} fram perennial streams and riparian areas. 13. Streetscape. A consistent Streetscape theme addressing all elements of the Streetscape, including plant materials, street lighting f xtures, street signage, and pavement, shall be created. K. Deed Restrictions Where multiple owners or parcels are included, deed restrictions, or Covenants, Conditions and Restrictions {C,CandRs), administered and enforced by a property owners association shall be submitted as part of the Administrative Permit process. They shall be reviewed and approved by the Director of Development Services and the County Counsel's office to assure conformance with the Master Development Plan. All uses within the Research and Business Park shall adhere to the recorded C,CandRs. C,CandRs shall give particular attention to administration and enforcement of design guidelines and to maintenance of common open space and landscaping. SECTZ~N 2. Section 24-262 B, permit requirements for Wireless Communication Facilities, is hereby amended to read as follows: §24-252 B Permit Requirements D. Permit Requirements: All Facilities are subject to the following land use permitting requirements in specified zone districts, in addition to all applicable requirements of this chapter. 14 1 2 3 4 5' 6 7 9 I ~0 11 12 13 14 ~J 16 17 ~$ ~~ 20 21 22 23 24 25 26 PERMIT REQUIREMENTS ZONE DISTRICT BUILDING FACADE ROOF MOUNTED COLOCATION NEW TOWER OR POLE UTILITY POLE MOUNTED (Includes Antenna Farms A-5 TO A-14 MUP MUP MUP UP MUP A-15 TO A-160 MUP MUP MUP MUF MUP AR TO AR-14 UP UP UP UP MP A-S R* P P P P F MR UP UP UP UP UP FR-1 TO FR-10 UP UP UP UP UP FR-20 TO FR-160 MUP MUP MUP MUP MUP RI TO R4* P P P P MUP** R-N* P F P P MUP** RT-1* P P P P MUP** SR TO 5R5* P P P P MUP** R-F* P P P P MUP** S-H* P P P P MUP** MHP* P P P P MUP** U UP UP UP LIP UP A-Z* P P P P P C-1 MUP MUP MLJF MUP AP C-2 MUP MLTP MUP MUP AP C-C MLIP MUP MUP MUP AF H-C MUP MUP MUP MUP AP N-C MUP MUP MUP MLTP AP L-1 MUP MUP MUP MUP AP M-1 MUP MUP MUP MUP AP M-2 MUP MUP MUP MUP AP C-F MUP MUP MUP MUP AP TM-1 TO TM-l60 ~ MUP MUP MUP MLiP AP TPZ-164 MUP MUP MUP MUP AP P-Q MUP MUP MLTP MUP AP RBP MUP MUP MUP MLIF AP R-C MUP MUF MUP MLTP AP P-Prohibited MUP-Minor Use Permit AP-Administrative Permit UP-Use Permit * Facilities are prohibited from locating in these zones or within one thousand (1,000) feet of these zones, ar within. ane thousand {1,000) feet of the property line of any parcel within any residential zone in any incorporated city in the County of Butte or in any incorporated ar unincorporated area of another county. The installation of and the permitting of Facilities in these areas is prohibited except when: l} no feasible alternative site exists; and 2) a denial would constitute a prohibition on the provision of the affected wireless communications 15 I 2 3 4 5 6 7 8 9 10 11 Z2 13 I4 I5 I6 17 18 19 20 2x 22 23 24 25 26 service in violation of Federal or State Law. The burden of proof shall be on the applicant to establish both conditions. A Use Permit is required in these zones or within one thousand (1,000} feet of these zones should both exceptions herein be met by the applicant. **Utility Pale Mounted Facilities maybe located within R1 to R4, R-N, RT-l, SR to SR-5, R-P, S-H and MHP zones with an approved Minor Use Permit. *** Notwithstanding any other provision of the Butte County Code, whenever an applicant proposing a Facility in any prohibited area or of any prohibited height or configuration, such that this ordinance imposes the burden of proof on such applicant to show that: 1} no feasible alternative site exists; and 2} a denial would constitute a prohibition on the provision of the affected wireless communications service in violation of Federal ar State Law; a hearing shall be held on the above two issues by the Board of Supervisors. At such hearing, the applicant shall have the burden of producing evidence and the burden of proving the above two conditions through competent evidence introduced into the record. The Board may allow others the same opportunity to present evidence at the hearing. The formal rules of evidence shall not apply at such hearings. A presumption shall exist as to the lack of the two conditions. The decision of the Board of Supervisors shall be sustained if it is supported by competent evidence contained in the record. At the conclusion of the hearing, the Board of Supervisors shaIl determine, based upon the evidence in the record, whether the applicant has met the burden of proof, make findings based on the evidence presented, and refer the applicant's proposal back to the Planning Commission far further proceedings on the applicant's proposal consistent with the Board's findings. SECTION 3. This Ordinance shall be and it is hereby declared to be in full force and effect from and after thirty (30} days after the date of its passage, and before the expiration of fafteen (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 , 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 11th day of ,Tanuary , 2000, by the following vote: AYES: Supervisors Beeler, Houx, 3osiassen, Davis and Chair Dolan 16 1 NOES: None 2 ABSENT: None 3 NOT VOTING: None 4 5 6 7 8 9' I~ I1 I2 I3 14 15 16 17 18 19 20 2Z 22 23 24 2S 26 DOLT, CHAIR County Board of Supervisors ATTEST: JOHN BLACKLOCK, Chief A 'nistra ' e Officer and Clerlc of the Board 1 eputy Kapro jectslgpalbusparklparkordl 17