HomeMy WebLinkAbout3850ORDINANCE NO. 3850
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AN ORDINANCE AMENDING CHAPTER 2, CHAPTER 20, AND CHAPTER 24 OF THE
2 BUTTE COUNTY CODE
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4 The Board of Supervisors of the County of Butte, State of California, under
5 and pursuant to Section 24.25,40 of the Butte County Code of-said County, ORDAINS, as
6 follows:
SECTION 1. Section 2-136 of the Butte County Code is hereby amended to
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read as follows:
$ 2-1.36 Map application procedures and standards.
`~ (a) Land development division and advisory agency functions. Notwithstanding any other
la provisions in this Code to the contrary, applications for industrial and commercial parcel
11_ maps and subdivision maps pertaining to property within the unincorporated area of the
12 Oroville Enterprise Zone as it is now established by the State of California or as the
boundaries thereof may hereafter be lawfully amended, shall be submitted to and processed
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by the Oroville Planning Commission and Oroville Development Review Board, which shall
14 act in lieu of the Butte County Department of Development Services, Land Development
~5 Division, and Advisory Agency. Appeals from actions of the Oroville Planning Commission
I6 with respect to such maps shall be made to the board of supervisors in the same manner and
17 subject to the same county fees as appeals from actions of the Butte County Advisory
18 Agency.
(b} Map application procedures and standards. Such map applications shall be filed with
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the City of Oroville, subject to the fees and adapted procedures and standards of the city as
20 they now exist or may exist at the time of such application. Such projects will be subject to
21 city design review requirements and improvement standards, including standards regarding
22 khe installation of street trees. However, the zoning regulations applicable to all such maps
23 will be those specified in the applicable county zoning ordinance, and county sewage disposal
24 requirements shall apply, except as to those projects which connect to a publicly owned,
maintained and operated sewage system, in which case the requirements of the public entity
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which owns, maintains and operates the sewer system shall apply. Final subdivision maps and
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parcel maps shall be submitted to the county surveyor for examination and certification
pursuant to Government Code sections 66442 and 66450, respectively. Final subdivision
maps shall be submitted to the board of supervisors for approval.
{c} Section not applicable to residential maps. This section is not applicable to residential
parcel maps and subdivision maps, which will continue to be processed in accordance with
the procedures and standards of the County of Butte.
SECTION 2. Section 20-10 of the Butte County Code is hereby amended to
read as follows:
20-10 Advisory agency.
"Advisory agency" means the Butte County Planning Commission charged with the duty
of making investigations and reports on the design and improvement of proposed divisions of
real property, the imposing of requirements or conditions thereon, or having the authority
under this chapter to approve, conditionally approve or disapprove maps, including reversions
to acreage by parcel map, excepting that in the event of subdivision of property pursuant to
Government Code chapter 6.7, article 2, section 51119.5, division of and zoned as Timberland
Production into parcels of less than one hundred sixty {160} acres, then in that event the board
of supervisors is the advisory agency having the authority under this chapter to, with afour-
fifths {415) vote, approve, conditionally approve or disapprove maps, including reversions to
acreage by parcel map.
Notwithstanding any of the above, when a tentative map is submitted in conjunction with
a planned unit development, the board of supervisors shall act as the advisory agency for
purposes of action on the tentative map.
Whenever the board of supervisors acts as the advisory agency, sections 20-66 and 20-106
of chapter 20 of the Butte County Code shall be inapplicable.
SECTION 3. Section 20-54 of the Butte County Code is hereby deleted in its
entirety.
SECTION 4. Section 20-161 of the Butte County Code is hereby amended to
read as follows:
20-161
Notice of violation.
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Whenever any county department has knowledge that real property may have been
divided in violation of the provisions of the Subdivision Map Act or of this chapter, it shall
either report such knowledge to the Director of Development Services or shall schedule a
hearing in front of a hearing officer or Planning Commission pursuant to section 20-161.1.
Notwithstanding the above, the office of the district attorney shall be exempt from the
requirements of this section and section 20-161.1.
SECTION 5. Section 20-161.1 of the Butte County Code is hereby amended
to read as follows:
20-161.1 Notice.
The county department having such knowledge of the violation or the Director of
Development Services, which after reviewing the report submitted to it by the county
department and finding that the circumstances warrant, unless such violation is under
investigation andlor prosecution by the office of the district attorney, shall:
(1) File with the recorder a notice of intention to record a notice of violation, which notice
shall describe the property in detail, naming the owners thereof, describing the violation, and
stating that the opportunity will be given to the owner to present evidence.
(2) Set for hearing before the Planning Commission the question of whether or not there
has been a division of land in violation of the Subdivision Map Act or this chapter, and
whether a notice of violation should be recorded in the office of the county recorder. Upon
recording the notice of intention, a copy of the notice shall be sent to the owner of the real
property, setting forth the time, date and place of such hearing, at which the owner may
present evidence.
(3) Deliver a copy of said notice to the development services, public works and health
departments. After such delivery, na permits or approvals shall be issued until a final
determination has been made regarding recordation of a notice of violation.
SECTION b. Section 20-161.2 of the Butte County Code is hereby amended
to read as follows:
20-161.2 Investigation by district attorney.
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~ When violations are under investigation and/or prosecution by the office of the
2 district attorney, if a settlement is not reached and/or a judgment is rendered which
3 does not provide for improvements deemed necessary by the advisory agency, the
4 advisory agency shall proceed pursuant to section 20-161.1.
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1f a settlement is reached and/or judgment is rendered which provides for
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improvements deemed necessary by the advisory agency and such improvements are
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$ completed, the advisory agency shall issue and record a certificate of compliance upon
9 application, and payment of the fee set forth by resolution of the board of supervisors,
Zp by an owner of a parcel or parcels within the illegally created subdivision. For purposes
12 of this section, all property remaining in the ownership or control of the subdivider
12 shall be deemed merged insofar as passible into the legal parcel or parcels as they
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existed prior to the illegal subdivision.
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Pending completion of improvements deemed necessary by the advisory
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agency, upon application of an owner of a parcel or parcels, except for the subdivider,
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~7 the advisory agency may authorize county departments to issue permits if the advisory
~g agency determines that the development of the property would not be detrimental to the
~9 public health or safety. The decision of the advisory agency may be appealed to the
2a board of supervisors pursuant to section 20-172. (Ord. No. 3188, § 1{Exh. A}, 3-14-95}
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SECTION 7. Section 2d-162 of the Butte County Code is hereby amended to
22 read as follows:
23 20_162 Action regarding notice of violation.
24 At the time of said hearing, after hearing the evidence presented by the representative or
2g representatives of the county, the owners of the property, and any other interested persons, the
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hearing officer or Planning Commission shall determine whether or not the property has been
properly divided or has resulted from a division in violation of this chapter or the Subdivision
Map Act.
If the owner of the real property has failed to inform the county of his objection to
recording the notice of violation, or if the hearing officer or Planning Commission determines
that the property has been divided or has resulted from a division in violation of this chapter
or of the Subdivision Map Act, the county department or the Planning Commission shall mail
a notice so stating to the owner or owners of the property affected as shown on the latest
assessment roll, advising them of their right to appeal this decision to the board of supervisors
pursuant to section 20-172 and further stating that a notice of violation shall be recorded with
the county recorder containing the information specified in section 66499.36 of the
Government Code. The advisory agency shall forward a copy of said notice to the district
attorney for possible prosecution. If the hearing officer or Planning Commission deterrr-ines
that no violation has occurred or that a violation has occur~'ed but has been corrected, the
advisory agency shall record a certificate of compliance in a farm specified in this chapter,
which shall constitute a release of the notice of intention to record a notice of violation.
SECTION 8. Section 20-167 of the Butte County Code is hereby amended to
read as follows:
20-167 Conditional issuance of certificate of compliance.
If the advisory agency determines that such real property does not comply with the
provisions of the Subdivision Map Act or of this chapter, but that development of such real
property would not be contrary to public health or the public safety, it shall grant a certificate
of compliance. In such cases the Planning Commission may, as a condition of granting a
certificate of compliance, and in order to protect the public health or the public safety, impose
such conditions as would have been applicable to the division of the property at the time the
current owner of record acquired the property; except that where the applicant was the owner
of record at the time of the initial violation of the provisions of this chapter or of local
ordinances enacted pursuant thereto who by a grant of the real property created a parcel or
parcels in violation of this chapter or local ordinances enacted pursuant thereto, and such
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1 person is the current owner of record of one (1) or mare of the parcels which were created as a
2 result of the grant in violation of this chapter or local ordinances enacted pursuant thereto,
then the local agency may impose such conditions as would be applicable to a current division
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of the property Such conditions may be fulfilled and implemented by the property owner who
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applied for the certif Cate ar by a grantee of such property owner. If such conditions are not
5 fulfilled or implemented, the certificate of compliance shall have no force or effect upon any
6 subsequent transfer of the property; and any subsequent transferee or assignee shall make a
~ new application for a certificate of compliance pursuant to section 20-166; and the advisory
~ agency may impose such conditions as would have been applicable at the time such assignee
or transferee acquired the property.
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If such conditions are fulfilled to the satisfaction of the advisory agency, the current owner
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of record may request that a notice of compliance be filed with the Butte County Recorder.
11 Said notice of compliance shall identify the real property and the book and page of the
12 previously recorded certificate of compliance and shall state that the conditions of the
13 certificate of compliance have been fulfilled to the satisfaction of the Planning Commission.
14 SECTION 9. Section 20-173 of the Butte County Code is hereby amended to
read as follows:
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20-173 Hearing officer.
16 All hearings conducted pursuant to section 20-161.1 to determine whether or not lands
17 have been subdivided in violation of the provisions of this section shall be conducted by the
18 Planning Commission or a hearing officer. The hearing officer shall be appointed by the board
1g of supervisors and shall be reimbursed at the rate of seventy-five dollars ($75.00) per day. The
20 determination of the Planning Commission or the hearing officer shall be final fifteen (15)
days after the mailing of the Planning Commission's or the hearing officer's decision unless
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an appeal is filed with the board of supervisors pursuant to section 20-66.
22 SECTION 10. Section 20-190 of the Butte County Code is hereby amended to
23 read as follows:
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20-190 When a reversion to acreage by tentative parcel map may be filed.
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~, Proceedings to revert property previously subdivided, which consisted of four
2 (4} or fewer contiguous parcels under the same ownership, may be initiated by petition
3 of the owners of the property.
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The petition shall be filed with the director of development services.
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The petition shall conform to the rules of the advisory agency as to form and
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content. The rules shall require the following to be included in the petition as a
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$ minimum:
g (1) Evidence of ownership.
10 (2} Evidence of nonuse or lack of necessity of any streets or easements to be
Z~- vacated or abandoned.
12 (3) A parcel map in a form prescribed by section 66444 of the Government
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Code which delineates any streets or easements which are to be left in effect. In
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addition the parcel map shall contain a certificate thereon signed and acknowledged by
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16 all parties having any record title interest in the property that the parties consent to the
~7 preparation and recordation of the parcel map in accordance with section 66436 of the
18 Government Code. {Qrd. No. 3I88, § I(Exh. A}, 3-I4-95)
19 SECTION 1 l . Section 24-41 of the Butte County Code is hereby amended to
20 read as follows:
2Z 24-41 Minor use permits.
22 (a) Purpose and intent. The section provides procedures for the preparation, filing,
processing by the planning division, and the approval, appravai with conditions, or denial of a
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discretionary pern~it that authorizes specific land uses on specif c sites. Land uses that require
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a minor use permit are specified in each individual zoning district.
23 (b} Application and review procedures:
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1 (i) Applications for a minor use permit shall be made in writing on a form prescribed by
2 the planning manager.
(2) Applicants shall be notified in writing of incomplete applications within thirty (3D)
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calendar days of the mailing of said notice. Failure to so respond and complete the
4 application, may result in the application being deemed abandoned, and no further action shall
~ be taken upon it.
6 (3) All applications for minor use permits shall be reviewed by the planning division and
7 forwarded to other applicable county agencies or departments for review and comments. The
$ review period shall not exceed fourteen (14} working days. Upon completion of the review
period, a recommendation to either approve or disapprove the request shall be submitted to
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the Planning Commission for a decision on the project. The report to the Planning
14 Commission shall include any recommended conditions of approval.
~~- {4) The Planning Commission shall provide public notice of the proposed project. The
Z2 notice shall include a general explanation of the matter being considered, a general
lg description of the area to be affected and the date and location of the public hearing. The
~4 notice shall be given by mail to the ten (10) closest properties to the subject parcel at least ten
(10) calendar days prior to the public hearing. Said notice shall be mailed to said property
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owners using the address from the latest equalized assessment roll of the County of Butte.
1B Failure to receive the notice shall not invalidate any action on the application.
17 (c} Approval or disapproval. After holding the public hearing, the Planning Commission,
18 shall make the findings and approve or deny the project. Approval of a minor use permit can
~g be as it was applied for or in modified form and conditions may be unposed. Conditions may
20 include, but shall not be limited to, requiring:
(1) Special yards;
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{2) Open spaces;
22 (3}Buffers;
23 (4) Fences;
24 {5) Walls;
2g (b} Height of buildings, walls or others structures;
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~, {7} Installation and maintenance of landscaping;
2 (S) Street dedications, medians, and improvements;
(9) Regulations of points of vehicular ingress and egress;
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{ 10} Regulation of traff c circulation;
4 (11) Regulation of signs;
5 (12) Regulation of hours of operation and methods of operations;
6 (13) Control of potential nuisances;
~ (14) The prescription standards for maintenance of building and grounds;
8 (15}Prescription of development schedules and development standards;
{16) Limit the life of the permit;
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(17) Such other conditions as the Planning Commission may deem necessary to ensure
10 compatibility of the use with surrounding developments and uses and to preserve the public
1~- health, safety, and welfare.
12 (d} Findings. The approving authority shall make the following findings before granting
lg the permit;
14 { 1) That the proposed location, size, design, and operating characteristics of the proposed
use is in accordance with the purpose of this ordinance ~article~, the purpose of the zone in
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which the site is located, the Butte County general plan, and the development policies and
16 standards of the county; and
17 (2} That the location, size, design, and operating characteristics of the proposed use will
18 be compatible with and will not adversely affect or be materially detrimental to adjacent uses,
lg residents, buildings, structures, or natural resources, with consideration given to:
20 a. Harmony in scale, bulk, coverage, and density;
b. The availability of public facilities, services and utilities;
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c. The harmful effect, if any, upon desirable neighborhood character;
22 d. The generation of traffic and the capacity and physical character of surrounding streets;
23 e. The suitability of the site for the type and intensity of use or development which is
24 proposed;
2g f. Any other relevant impact of the proposed use.
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1 {3) That the proposed location, size, design, and operating characteristics of the proposed
2 use and the conditions under which it would be operated or maintained will not be detrimental
~ to the public health, safety, or welfare, or materially injurious to properties or improvements
in the vicinity.
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(4) That the proposed use will comply with each of the applicable provisions of the
S chapter, except for an approved minor variance.
6 (e} Appeals. The appeal procedure for any action taken by the planning commission an a
q minor use permit request shall be the same as for a use permit as specif ed in section 24-
$ 45.30.
(f} Lapse of minor use permit. A minor use permit shall lapse and shall become void one
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(1) year following the date on which it was approved, unless prior to the expiration:
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{1) A building permit is issued and construction is commenced and diligently pursued
Zl toward completion on the site which was the subject of the use permit application; or
12 (2) A certificate of occupancy is issued for the structure which was the subject of the
13 minor use permit application; or
14 (3) The site is occupied in accordance with the minor use permit, if no building permit or
certificate of occupancy is required; or
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(4} The use which was the subject of the minor use permit application is commenced,
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provided that a minor' use permit for a public utility installation may be valid for a longer
17 period if specified by the Planning Commission.
18 A minor use permit subject to lapse may be renewed for an additional period of up to one
19 (1) year, provided that sixty (60) calendar days prior to the expiration date, an application for
20 renewal of the minor use permit is filed with the planning manager on the prescribed form and
21 accompanied by the necessary data and fees.
The approving authority may grant or deny an application for renewal of a minor use
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permit.
23 The minor use permit shall expire and the permit shall thereafter be of no further force or
24 effect if the use, business, or service for which the minor use permit was issued terminates or
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1 ceases operation for a continuous period of time in excess of one hundred eighty {180)
2 calendar days except for:
3 { 1) Destniction or damage by acts of Gad; or
(2) Destruction or damage by malicious acts; or
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(3) Remodeling or rehabilitation requiring prolonged closure with prior approval of the
~ planning manager.
6 SECTION 12. Section 24-52 of the Butte County Code is hereby amended to
~ read as follows:
$ 24-52 Minor variances.
(a) Purpose and intent. The section provides procedures for the preparation, filing,
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processing by the planning division, and the approval or disapproval of a discretionary permit
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that authorizes specific minor variances to zoning standards on specific sites.
~'~' {b) Application and review procedures:
12 (l) Applications for a minor variance shall be made in writing on a form prescribed by the
J.3 planning manager.
14 (2) Applicants shall be notified in writing of incomplete applications within thirty {30}
calendar days of the mailing of said notice. Failure to so respond and complete the application
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may result in the application being deemed abandoned, and no further action shall be taken
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upon it.
~'~ (3} All applications for minor variances shall be reviewed by the planning division and
~~ forwarded to other applicable county agencies or departments for review and comments. The
lg review period shall not exceed fourteen (14) working days. Upon completion of the review
20 period, a recommendation to either approve or disapprove the request shall be submitted to
2~ the Planning Commission for a decision on the project. The report to the Planning
Commission shall include any recommended conditions of approval.
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(4) The Planning Comnission shall provide public notice of the proposed project. The
23 notice shall include a general explanation of the matter being considered, a general
24 description of the area to be affected and the date and location of the public hearing. The
2;~ notice shall be given by mail to the ten {10) closest properties to the subject parcel at least ten
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1 { 10) calendar days prior to the public hearing. Said notice shall be mailed to said property
2 owners using the address from the latest equalized assessment roll of the County of Butte.
~ Failure to receive the notice shall not invalidate any action on the application.
(c) Approval or disapproval. After holding the public hearing, the Planning Commission,
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shall make the findings and approve or deny the project. Approval of a minor variance can be
5 as it was applied for or in modified form and conditions may be imposed. Minor variances for
6 signs may 6e conditioned to expire with the change of copy for the use, be reviewed on a
q periodic basis or be required to conform upon change of ownership, and/or shall automatically
$ expire upon any designated period of time.
(d} Findings. The approving authority shall make the following findings before granting
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the permit:
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Minor variances from the terms of this chapter shall be granted only when, because of
~-~' special circumstances applicable to the property, including size, shape, topography, location
12 or surroundings, the strict application of this chapter deprives such property of privileges
~,3 enjoyed by other property in the vicinity and under identical zoning classification. Any
14 variance or adjustment granted shall be subject to conditions to assure that the deviation
thereby authorized shall not constitute a grant of special privileges inconsistent with the
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limitations upon other properties in the vicinity and zone in which such property is situated.
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(e} Limitations. The power to grant a minor variance does not extend to use regulations.
~'~ Flexibility to the use regulations is provided in the conditional use and minor use provisions
~$ of this chapter.
lg The Planning Commission may grant a minor variance, at a maximum reduction of twenty
20 {20) percent of the prescribed requirements of this chapter with respect to fences, walls,
hedges, screening, or landscaping; width, or depth; front, rear, or side yards, coverage; height
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of structures; usable open space, or frontage on a public street or other standard, as the minor
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variance was applied for or in modified form, if, on the basis of the application and the
23 evidence submitted, the approving authority makes findings of fact that establish that the
24 circumstances prescribed in paragraphs ~{ 1) through {b) below do apply:
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1 { 1) That there are special circumstances applicable to the property, (size, shape,
2 topography, location or surroundings) or the intended use of the property and because of this,
3 the strict application of zoning standards code deprives the property of privileges enjoyed by
other properties in the vicinity under identical zoning classification.
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(2) That granting the minor variance or its modification is necessary for the preservation
b and enjoyment of a substantial property right possessed by other property in the same vicinity
~ and zone and denied to the property for which the minor variance is sought.
7 (3) That granting the minor variance or its modification will not be materially detrimental
$ to the public health, safety or welfare, or injurious to the property or improvements in such
9 vicinity and zone in which the property is located.
{4) The granting of this minor variance does not constitute a special privilege inconsistent
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with the limitations upon other properties in the vicinity and zone in which such property is
~Z situated.
12 (5) The granting of this minor variance does not allow a use or activity which is prohibited
13 by the zoning regulation governing the parcel of property.
14 (b} That granting the minor variance or its modification will not be incompatible with the
Butte County general plan.
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(f) Appeals. The appeal procedure for any action taken by the planning commission on a
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minor variance request shall be the same as for a use permit as specified in section 24-45.30.
1~ (g} Lapse of minor variance. A minor variance shall lapse and shall become void one { 1)
18 year following the date on which the minor variance became effective, unless prior to the
19 expiration of one (1 }year:
20 (1) A building permit is issued and constniction is commenced and diligently pursued
21 toward completion on the site which was the subject of the minor variance application; or
(2) A certificate of occupancy is issued for the structure which was the subject of the
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minor variance application; or
23 (3) The site is occupied in accordance with the minor variance, if no building permit or
24 certificate of occupancy is required.
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1 A minor variance may be renewed for an additional period of up to one {I}year, provided
2 that sixty {60) calendar days prior to the expiration date, an application for renewal of the
variance is filed with the planning manager on the prescribed form and accompanied by the
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necessary data and fees. The approving authority may grant or deny an application for
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renewal of a zx~inor variance.
~ SECTION 13. Section 24-214 of the Butte County Code is hereby amended to
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24-210 PUD (Planned Unit Development) Zone.
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(a) Purpose. The purpose of the Planned Unit Development (PUD) Zone is to
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10 allow diversification in the relationship of various uses, buildings, structures, lot sizes
I~ and open spaces, to encourage and take advantage of opportunities for more integrated,
x2 flexible and superior design than is available through the application of conventional
13 regulation which anticipates individual lot development. It is the intent of this zone to
14 provide a flexible means to implement the goals, policies and programs of the Butte
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County general plan while ensuring the provision of adequate standards to protect the
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public health, safety and general welfare. It is also the purpose of this zone to
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18 encourage innovative, high-duality design, efficient use of land and modern site
Zg planning for residential, agriculture, commercial and industrial puzposes.
24 {b} Adoption and use limitations. A planned unit development (PUD) zone shall
2~ he established by the adoption of an ordinance by the board of supervisors rezoning the
22 property to the Planned Unit Development Zone and adapted by reference a land use
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and development plan, the provisions of which, together with any othez' provisions
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which in the opinion of the board of supervisors are necessary and included in the
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1 ordinance, shall constitute the regulations for the use, improvement and maintenance of
2 the property within the boundaries of the zone. Except as hereinafter provided, no use,
3 building, structure or parcel may be made, created or otherwise altered except as it
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complies with the ordinance adopted pursuant to this chapter.
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(c) Land use density area. The residential land use density of any planned unit
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development zone shall not exceed that allowed by the Butte County general plan
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~ designation for the proposed site.
g (d} Preapplication conference. Before filing any application for planned unit
10 development zoning, the prospective applicant is encouraged to submit to the planning
11 division preliminary plans, sketches and basic site information for consideration and
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advice as to the relationship of the proposed development to the applicable general and
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specific plans and policies. Other depa~'tments and agencies with responsibilities for
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review, comment or other regulation of the proposed development may participate at
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16 the discretion of the director of development services, and with the participation of
~7 appropriate responsible agencies, pursuant to section 210840.3 of the Public Resources
18 Code and section 15066 of the California Environmental Quality Act {CEQA)
~`~ Guidelines.
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(e) Development criteria. In addition to the criteria listed on the attached sheet
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[of Ordinance No. 317b], the following items are required:
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(1) Each PUD shall, as a minimum, provide off-street parking in accordance
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24 with chapter 24, off street parking. Additional parking equal to f fty (50) percent of the
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required spaces shall be provided unless modified by the director of development
services or planning commission.
{2) In residential PUDs plans shall provide that not less than twenty-five (25)
percent of the residential portion of the project shall be utilized for purposes other than
residential dwellings and paved areas for vehicular uses. No less than forty-fve (45)
percent of such twenty-five (25) percent shall be utilized for recreation or parts areas
available for use by all residents. The same criteria for open space area shall apply to
agricultural PUDs which may or may not include residential uses.
(3}Each industrial or commercial PUD shall provide that not less than-ten {10}
percent of the project shall be developed as landscaped areas.
(4) Each PUD shall obtain tentative clearance from the Butte County health
division, division of environmental health, for sewage disposal and water supply for the
project at the density proposed. Soil tests, drilling of test wells or geologic reports are
among the steps that may be required to provide evidence of sewage disposal capability
and water availability for domestic use. Minimum lot areas for septic systems must
comply with section 20-120.1 of the Butte County subdivision ordinance and appendix
VII of the improvement standards for subdivisions.
{f} Applying for a rezone to PUD. The planned unit development is intended to
allow diversification in the relationship of various uses, buildings, structures, iot sizes
and open spaces while ensuring substantial compliance with the general plan and the
intent of the County Code in requiring adequate standards necessary to satisfy the
requirements of public health, safety and general welfare.
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Each application for a rezone to PUD shall include:
{1} A completed rezoning application form.
(2) A completed environmental information appendix "E" form.
(3) Copies, as specified in the rezone application, of a preliminary development
plan and a reproducible master, the plan should be drawn to scale and indicate:
a. Proposed use(s) of all land in the subject area.
b. Existing natural land features and topography of the subject area.
c. Circulation plan for all vehicular and pedestrian ways, including typical
section of roadways.
d. Metes and bounds of the subject property.
e. Location and dimensions of all existing structures.
f. Locations of landscaping, parking areas, Ere hydrants, street lighting, typical
proposed structures, sewage disposal and water supply systems.
g. Preliminary grading for the development.
(4) A title report which includes a written legal description of the subject area,
that report to be not more than six (6) months old.
(5) A preliminary report on provisions for and location of storm drainage,
sewage disposal and public utilities.
(b) A statement which describes the organization of any proposed homeowners'
association, listing the intended covenants, conditions and restrictions.
(7) A statement from the applicant explaining haw the proposed development
conforms to, and is consistent with, the general plan.
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(S) Include a statement that describes the intended height and bulk of the
strictures and their relationship to the sun•ounding areas.
(9) A statement concerning any proposed phasing of the project, indicating the
sequence and timing of each phase and how each unit would independently constitute
reasonable and orderly development of the area.
Additional information may be required by the planning commission or board
of supervisors at the time of any public hearing.
(g) Application. Any application for rezoning to planned unit development shall
be accompanied by a proposed development plan to be reviewed for tentative map
approval pursuant to chapter 20 of the Butte County Code. All applicable fees will be
submitted as part of the application. Such fees will include those required for a tentative
subdivision map application. As to form and content, the proposed development plan
map and the review process shall conform to the requirements of this Cade for a
tentative map. The director of development services shall set the application for
hearings as ir- the case of other rezoning and tentative map applications. After
reviewing the recommendations from the planning commission, the board of
supervisors will approveldeny the tentative map at the same hearing as the PUD rezone
is approved/denied. (Ord. No. 317b, § 1{Exh. A), 1-24-95}
SECTION 14. 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 ftfteen (15) days after its passage, this Ordinance shall be published once with
the names of the members of the Board of Supervisors voting far and against it in the Chico
Enterprise Record, a newspaper published in the County of Butte, State of California.
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PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State
of California, on the 22nd day of April , 2003, by the following vote:
AYES: Supexvisors Dolan, Houx, 3osiassen, Yamaguchi and Chaiz Beeler
NOES: None
ABSENT: None
NOT VOTING: None r-,
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BOB BEELER, CHAIR
Butte County Board of Supervisors
ATTEST:
PAUL McINTOSH, Chief Administrativ
Clerk of the Board
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