HomeMy WebLinkAbout384911
2i
3
4
5
6
7
9
10
11
lz
13
14
15
16
17
18
19
2Q
21
22
23
24
25
26
27
28
Ordinance No. 3849
ORDINANCE AMENDING FLOOD HAZARD PREVENTION AND SPECIAL PERMIT ZONE II
LEVEE AND BUILDING REGULATIONS IN CHAPTER 26 OF THE BUTTE COUNTY CODE
REGARDING CONVERSION OR RESTORATION OF LAND FOR CONSERVATION PURPOSES
The Board of Supervisors of the County of Butte ordains as
follows:
Section 1. Purpose: The purposes of this ordinance include, but are
not limited to the regulation of specified activities for the purpose
of protecting people and property from flood hazards and protecting
man-made conditions on farmland within the unincorporated area of the
County which is adjacent to land upon which a conversion to natural
habitat is proposed.
Section 2. Section 26-22.1, entitled "Review pursuant to CEQA", added.
Ito Article IV, entitled "Flood Hazard Preveza.tion", of Chapter 26 of
the Butte County Code. Section 26-22.1 is added to Article IV of
Chapter 26 of the Butte County Code to read as follows:
"Section 26-22.1. Review pursuant to CEQA.
An application for a permit pursuant to this Article, except a
building permit, shall be subject to review pursuant to the
California Environmental Quality Act."
Section 3. Section 26-27.1, entitled "Notice of proposed permit
issuance", added to Article IV, entitled "Flood Hazard Prevention",
of Chapter 26 of the Butte County Code. Section 26-27.1 is added to
Article IV of Chapter 26 of the Butte County Code to read as follows:
"26-27.1. Notice of proposed permit issuance.
1. Prior to issuance of any permit pursuant to this Article,
except a building permit, notice shall be given as follows:
1
1 (a) Notice shall be mailed by first class mail to the board of
2 supervisors, the applicant, and all landowners owning real
3 property within two thousand (2,000) feet of the boundaries of
4 the property on which the development is proposed, not less than!
5 thirty (30} days prior to the proposed issuance date.
b
,~ (b) Notice shall be published in a newspaper of general.;
8 circulation in the County of Butte pursuant to Government Code:
section 6062a."
9
10 Section 4. Section 26--27.2, entitled "Protests", added to Article IV,
11 entitled "Flood Hazard Prevention", of Chapter 26 of the Butte County
12 Code. Section 26-27.2 is added to Article IV of Chapter 26 of the
13 Butte County Code to read as follows:
14 "26-27.2. Protests.
15
(a) Protests to the issuance of a permit, except a building
16
permit, may be submitted in writing to the clerk by any
17
interested party or by any member of the board of supervisors.
18
Each protest from an interested party, other than a member of the
19
board of supervisors, must include:
20
21 (1} The name, address, and telephone number of the person
22 protesting;
23
(2) A clear statement of the grounds for the protest, based
24
solely on flood control or environmental concerns; and
25
26 (3) An explanation of how the person protesting wi11 be adversely
27 affected by the proposed project.
2$ (b) Upon receipt of a protest the clerk shall notify the
2
1 department of development services, which shall then refrain from
2 issuing the permit.
3
(c) Within ten (10) days of receipt of a protest, the clerk shall
4
set a hearing on the matter, shall mail notice thereof to the
S
applicant and the person protesting, and shall publish notice
6
pursuant to Government Code section 6062."
7
8 Section 5. Amendment of definition of "Development" in subsection (2)
~ of Section 26-29, entitled "Definitions", of Article IV, entitled
10 "Flood Hazard Prevention", of Chapter 26 of the Butte County Code. Thel
11 definition of "Development" in subsection (2) of Section 26-29 of the:
12 Butte County Code is amended to read as follows:
13 "Section 26-29 (2) Development. Any manmade change to
14 improved or unimproved real estate, including but not
15 limited to the placement, construction, reconstruction,
1b removal or abandonment of any building or other structure
1~ or encroachment, or agricultural practice, mining, dredging,
18 filling, grading, paving, excavation, drilling operations
19 or storage of equipment or materials, except agricultural
20 practices in any A-5, A-10, A-15, A-20, A-40, or A-160 zone
21 which can be demonstrated not to increase flood levels
22 upstream or downstream."
23 Section 5. Subsection 2.5, entitled "Encroachment", added to Section
24 26-29, entitled "Definitions", of Article IV, entitled "Flood Hazard
25 Prevention", of Chapter 26 of the Butte County Code. Subsection 2.5
26 is added to Section 26-29 of the Butte County Code to read as follows:
27 "Section 26-29 (2.5) Encroachment. Any obstruction or
28 physical intrusion, including, but not limited to those
3
1 caused by a building or other structure, by a levee, or by
2 the planting, abandonment or removal of vegetation (except
3 planting or removal of vegetation in any A-5, A-10, A-15, ~
4 A-20, A-40, or A-160 zone, for agricultural purposes and
5 which can be demonstrated not to increase flood levels
6 upstream or downstream)."
~ Secta.oza. 7. Amendment to Section 26-42, entitled "Permit required",
8 of Article V, entitled "Special Permit Zone II Levee and Building
9 Regulations", of Chapter 26 of the Butte County Code. Section 26-42
1~ of the Butte County Code is amended to read as follows:
11
"Section 26-42. Permit required. A permit is required for
12
the placement, construction, reconstruction, removal or
13
abandonment of any building, any levee, or any encroachment
14
in Special Permit Zone II. No county permit shall be
15
required pursuant to this article pertaining to any levee
lb
over which the Reclamation Board has retained jurisdiction
17
or pertaining to a levee repair, as defined in section 26-
18
41. An application for a permit pursuant to this Article,
19
except a building permit, shall be subject to review
20
pursuant to the California Environmental Quality Act. "
21
Section 8. Amendment to Subsection (e), entitled "Encroachment", of
22
Section 26-41, entitled "Definitions", of Article V, entitled "Special
23
24 Permit Zone Iz Levee and Building Regulations", of Chapter 26 of the
25 Butte County Code. Subsection (e} of Section 26-41 of the Butte
26 County Code is amended to read as follows:
27 "Section 26-41 (e}. Encroachment. Any obstruction or
28 physical intrusion caused by a levee or building or by the
planting, abandonment or removal of vegetation (except
4
1 planting or removal of vegetation in any A-5, A-10, A-7.5,
2 A-20, A-40, ar A-160 zone, for agricultural purposes and
3 which can be demonstrated not to increase flood levels
4 upstream or downstream)."
5 Section 9. Amendment to Section 2&-4b, entitled "Notice of proposed
6 levee permit issuance", of Article V, entitled "Special Permit Zone
~ II Levee and Building Regulations", of Chapter 26 of the Butte County
8 Code. Section 26-46 of the Butte County Code is amended to read as
9 follows:
10
Section 25-46. Notice of proposed permit issuance.
11
Prior to issuance of any permit pursuant to this Article, e~ccept
12
13 a building permit, notice shall be given as follows:
14 {a) Notice shall be mailed by first class mail to the board of
15 supervisors, the applicant, all landowners owning real property
16 within two thousand {2,000} feet of the proposed work, the
17 Reclamation Board, the Tehama County Flood Control and Water
18 Conservation District, and the Glenn County Department of Public
19 works, not less than thirty {30} days prior to the proposed
2D issuance date.
21
(b) Notice shall be published in a newspaper of general
22
circulation in the County of Butte pursuant to Government Code
23
section 6052a.
24
25 Section 10. .Amendment to Section 26-47, entitled "Protests", of
26 Article V, entitled "Special Permit bone ZZ Levee and Building
27 Regulations", of Chapter 26 of the Butte County Code. Section 26-47
28 of the Butte County Code is amended to read as follows:
"Section 26-47. Protests.
5
1
2
3
4
5
b
7
S
9
10
11
12
13
14
15
lb
17
18
19
20
21
22
23
24
25
26
27
28
{a} Protests to the issuance of a permit, except a building
permit, may be submitted in writing to the clerk by any
interested party or by any member of the board of supervisors.
Each protest from an interested party, other than a member of the
board of supervisors, must include:
{1} The name, address, and telephone number of the person
protesting;
(2) A clear statement of the grounds for the protest, based
solely on flood control or environmental concerns; and
(3) An explanation of how the person protesting will be adversely
affected by the proposed project.
{b) Upon receipt of a protest the clerk shall notify the
department of development services, which shall then refrain from
issuing the permit.
(c) Within ten (10) days of receipt of a protest, the clerk shall
set a hearing on the matter, shall mail notice thereof to the
applicant and the person protesting, and shall publish notice
pursuant to Government Cade section 5062."
Section 11. Severability. If any provision of this Ordinance or the
application thereof to any person or circumstances is for any reason
held to be invalid by a court of competent jurisdiction, such
provision shall be deemed severable, and the invalidity thereof shall
not affect the remaining provisions or other applications of the
i Ordinance which can be given effect without the invalid provision or
application thereof.
Section 12. Effective Date and Publication. This Ordinance shall
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18'
19
2D
21
22
23
24
2S
2b
27
28
take effect thirty (30) days after the date of its passage. The Clerk
of the Board of Supervisors is authorized and directed to publish this
ordinance before the expiration of fifteen t15} 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 of general
circulation 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 22nd day of Aril ,
2003, by the following vote:
YES: Supervisors Hoax, Josiassen, Xama~uchi and Cliair Beeler
NOES : Supervisor Dolan
ABSENT : None
I NOT VOTING: None
ATTEST:
PAUL McTNTOSH, Chief
Administrative Officer
and Clerk of the Board
_ .~ /~
R.J. REELER, Chair of the
Butte County Board of Supervisors
C:\DOCUments and Settings\mreeves\I,ocal Settings\Temporazy Internet Files\OT,K10\CONVERSIONORDCIn.wpd
7