HomeMy WebLinkAbout3575ORDINANCE NO. 3575
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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.
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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.
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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.
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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:
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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.
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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.
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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.
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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%
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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
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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.
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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.
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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.
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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.
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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.
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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
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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
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1 NOES: None
2 ABSENT: None
3 NOT VOTING: None
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DOLT, CHAIR
County Board of Supervisors
ATTEST: JOHN BLACKLOCK, Chief A 'nistra ' e
Officer and Clerlc of the Board
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eputy
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