HomeMy WebLinkAbout38701
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Ordinance No. 3870
AN ORDINANCE AMENDING BUTTE COUNTY ZONING REGULATIONS SET FORTH IN
BUTTE COUNTY CODE CHAPTER 24 BY REQUIRING THAT A USE PERMIT BE
OBTAINED PRIOR TO CONSTRUCTION AND OPERATION OF LARGE RETAIL PROJECTS
AND THROUGH THE ADDITION OF DESIGN STANDARDS FOR SUCH PROJECTS
The Board of Supervisors of the County of Butte ordains as follows:)
Section 1.
The Board of Supervisors finds the following:
1. A current, prominent trend in the State involves the
construction and operation of large retail centers of 50,000 or more
square feet.
2. The construction and operation of each such large retail 1,
center presents a correspondingly large potential for adverse impacts
to health, safety and aesthetics to the citizens of the area in which
it is constructed and operated, including but not limited to visual,
traffic, pedestrian safety and air quality impacts.
3. Due both to the large potential for adverse environmental
impacts in the immediate or adjacent area presented by the
construction and operation of each such large retail center, and the
enormous potential in the County for cumulative health and safety and
environmental impacts, including but not limited to those set forth
above, presented by the construction and operation of multiple large
retail centers, in order to protect the health safety and welfare of
the citizens of the County, it is necessary to:
a. Limit the construction and operation of large retail
centers to specified zoning districts within the County;
and
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b. Require that the construction and operation of each such
large retail center occur only after at least one public
hearing has been conducted pursuant to the discretionary
Use Permit process set forth in Butte County Code Section
24-45, et seq.; and
c. Establish clear and concise community design standards
specifically applicable to the construction of large retail
centers.
4. Changes to the Zoning Regulations are required to implement
the three objectives set forth above, to ensure compatibility of large
retail projects with the unique character of Butte County and also
ensure that the expenses of the mitigation of the environmental
impacts imposed by such projects are not shifted to County taxpayers.!
Section 2. Section 24-264 is added to Article V, entitled
"Specific Use Requirements" of the Butte County Code to read as
follows:
"24-2G4 Large Retail Projects
A. Allowed only in specified zones subject to Use Permit
Requirement
1.. Notwithstanding any provision in this Code or any
regulation to the contrary, the construction and operation
of Large Retail Projects, as defined herein, is prohibited
unless and until a Use Permit is approved and issued after
at least one public hearing has been held pursuant the
process set forth in Butte County Code Sections 24-4~ et
seq. Further, said use shall only be allowed in the C-1
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(Light Commercial}, C-2 (General Commercial}, and C-C
(Community Commercial) zoning districts. Large Retail
Projects in the C-C (Community Commercial) zoning district
shall be limited to 100,000 square feet or less.
B. Definitions.
1. Facade: the front of a building and/or any of its
sides facing a public right-of-way, which side is
predominantly visible from a public right-of-way or public
park.
2. Large Retail Project: Any new commercial retail
project, the total gross building area of which equals or
exceeds 50,000 square feet, including but not limited to
mercantile uses, and or shopping center uses. For the
purpose of determining building area, multiple buildings
located closer than 20 feet together shall be considered
one building.
3. Light Source: a complete lighting unit consisting
of a lamp and all necessary mechanical, electrical and
decorative parts, such as reflectors {mirrored enclosures
surrounding the lamp), refractors {glass or plastic
enclosures surrounding the lamp} and lenses, designed to
direct light rays.
4. Outdoor Light Fixtures: all outdoor illuminating
devices, reflective surfaces, lamps and other devices,
either permanently installed or portable, which are used
far illumination or advertisement. Such devices shall
include, but are not limited to, search, spot and
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floodlights for:
a. buildings and structures;
b. recreational areas;
c. parking lot lighting;
d. landscape lighting;
e. billboards and other signs;
f. street lighting;
g. product display lighting;
h. building overhangs and open canopies.
C. Design Standards for Large Retail Projects
1. Purpose. These standards are intended to provide
developers of large retail building development with
guidelines for creating safe, efficient, pedestrian-
friendly projects with human scale orientation, while
discouraging large, nondescript buildings and "llnfriendlyrr
pedestrian design, limited landscaping, and vast non--shaded
parking lots. Further, enhanced Large Retail Project
design will accomplish the following objectives:
a. Encourage large, single building construction with
definition and good architectural design rather than
enormous, warehouse appearance with unbroken, blank walls.
Good design encourages clearly defined entryways,
articulated roof lines to prevent monotony, pedestrian
amenity areas, and concealment of unsightly mechanical
structures from public view;
b. Encourage pedestrian--oriented design which
effectively resolves the incompatibility between
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pedestrians and motorists, while providing
interconnectivity between buildings, parking areas, and
other internal/external components;
c. Encourage parking lot design which meets vehicular
needs, while providing a safe, efficient comfortable
pedestrian flow;
d. Encourage adequate landscaping that allows large
buildings and their components to blend with their
surroundings, while providing screening and shade for the
public benefit and mitigating air pollution and excessive
heat gain which emanate from large impervious parking
areas;
e. Encourage enhanced lighting and signage design, to
enhance public safety while avoiding forms of nuisance and
intrusiveness into adjacent areas.
2. Design Standards. The following standards shall be
required for all Large Retail Projects:
a. Facades.
~.. No uninterrupted and/or unadorned length of
any portion of the facade shall exceed 20 feet in length,
and shall include one or more of the following:
Architectural features such as pilasters, columns,
canopies/porticos, arcades, colonnades, and/or parapets.
At least one architectural feature sha11 be required on
each wall plane.
2. Multiple Stores within a single building.
Where a Large Retail Project contains individual stores
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1 that are less than 50,000 square feet of gross floor area
2 each, with separate., exterior customer entrances, the
3 street level facade of each store shall provide
4 fenestration along the horizontal length of the building
5 facade of each store.
6 b. Materials. Predominant exterior building material
7 should include architectural or split face block, brick,
8 glass, wood, stucco, artificial stucco, stone or concrete
9 with architectural finish.
10 c. Entryways. Customer entrances shall be clearly
11 defined and should include at least two of the following
12 features: canopies/porticos, overhangs,
13 recesses/projections, arcades, raised above-the-doorway
14 cornice parapets, peaked roof forms, arches, outdoor
15 patios, display windows, integrated architectural details
lb such as the work, moldings, planters or wing walls, and/or
17 landscaped sitting areas.
18 d. Service Areas. Service areas which include areas
19 designated for loading and unloading of goods and refuse
20 collection shall be buffered from right-of--ways and
21 residentially zoned areas. Buffering shall consist of
22 construction of a wall between the service area anal
23 abutting land use. All other applicable site development
24 standards and regulations must be met in addition to this
25 requirement.
26 e. Roofs. Flat roof lengths longer than 100 feet in
27 length, rooftop equipment and heating, ventilating, and air
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conditioning ~HVAC) units shall be concealed from any
facade view by adjacent land uses of lesser intensity, and
public rights-of-way.
f. Pedestrian Circulation. Large Retail Projects
sha11 encourage pedestrian-oriented ingress and egress
through design features that enhance pedestrian safety,
efficiency, and connectivity with a clear definition
between vehicular areas and pedestrian walkways.
g. Parking areas. Parking lots and access aisle-
ways shall be designed utilizing the following standards:
1. Parking lot design. Vast unbroken parking
lots are prohibited. The design of parking lot separators
shall consider pedestrian movements, conflict points with
vehicles, site distance and angles, security site lighting
and safety within the parking lot area. A pedestrian
access way shall be provided to main customer entrances.
The parking lot shall be designed with traffic calming
features along the fire lanes fronting the building
facades, as determined by the Planning Commission which
shall consider the recommendations of the County Fire Chief
and the Director of Public Works. Parking lots shall be
designed to reduce vehicle movement along the fire lane.
Alternative designs that incorporate existing natural
resources are encouraged, subject to approval .by the
Planning Commission.
2. Parking Spaces. The total number of parking
spaces shall be determined in accordance with Section 24-
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240, except that the Planning Commission may grant a
variance from the formula set Earth in Section 24-240 if it
also approves specific measures for the mitigation of
impacts to traffic safety and available parking due to
outdoor displays and sales. All parking areas and other
site improvements must be designed and maintained and sha11
be located and configured in such a manner as to provide
the maximum feasible degree of flood control/runoff
management and aquifer recharge for the site. Runoff from
the site shall not contribute to or cause an increase from
pre-development conditions in peak runoff. Runoff from the
site shah. not create a Public Nuisance, as that term is
defined in Section 32-A, nor constitute a private nuisance
to any nearby property.
h. Landscaping. The following landscaping standards
shall be incorporated into the design of all Large Retail
Projects.
Z. Foundation. Foundation landscaping may be
required.
2. Parking areas. Every ten (~.0) spaces shall
be designed with a minimum 400 square feet of landscaping
to be placed in medians or islands. Grouping of landscaped
islands is encouraged to promote the healthy growth of
larger trees. Alternative designs are subject to approval
by the Planning Commission.
3. 50°s Area Shading Required. Trees shall be
planted and maintained in planters or landscaped areas so
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that at tree maturity, 15 years, at least 50 percent of the
total paved parking area, not including the entrance
drives, shall be shaded at solar noon on June 21. The
Planning Commission may require that the applicant plant
and maintain trees of a specified size. On sites with poor
soils and/or drainage, additional installation measures may
be required to ensure that the shading standard can be
reached within a reasonable time after project approval..
4. Perimeter Buffer. A perimeter buffer may be
required along the full length of all streets serving a
Large Retail Project.
i. Signage. Subject to the restrictions set forth
in Business and Professions Cade Section 5200, et seg.,
Signage shall be designed as part of an integrated project
design. The location(s) and design sha11 be reviewed and
approved as part of the overall site plan. The predominant
sign material shall be compatible with the principal
building design. Notwithstanding the restrictions set
forth in Business and Professions Code Section 5200, et
seg., Signage shah not create a Public Nuisance, as that
term is defined in Section 32-A, nor constitute a private
nuisance to any nearby property. This subsection (i} does
not apply to site directional Signage or traffic control
Signage.
j. Outdoor displays and sales.
1. Any permanent display areas not within the
building which face a public right-of-way shall be shielded
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from view by a wa11 and incorporated into the overall
design of the building. As an alternative, landscaping of
the display area in lieu of a solid wall with a minimum
height of four {4} feet may be utilized.
2. Outdoor displays and sales shall occur only in
approved area(s). The location(s) and design of outdoor
displays and sales areas shall be reviewed and approved as
part of the overall site plan. Outdoor displays and sales
areas shall not create a Public Nuisance, as that term is
defined in Section 32-A, nor constitute a private nuisance
to any nearby property.
k. Lighting. Lighting sha11 not cause off-site
glare. In the event that off-site glare results from
lighting on the premisses of a Large Retail Project,
measures shall be taken to eliminate such glare.
D. Compliance. In order to ensure that the development
standards required herein are adhered to, in addition to
the application requirements of Section 24-45, at a minimum
each application for a Large Retail Project shall include
a complete site plan drawn to scale, with overlays or
separate drawings depicting all of the following:
1. The exact location of each building;
2. The design of all traffic and parking areas,
showing all adjacent public and private streets
and roads, traffic signals, traffic lanes, entry
ways, fire lanes and all parking areas, including
but not limited to a depiction of each required
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fire lane and parking space;
3. A complete landscaping plan depicting vegetation,
location, species and size;
4. All designated service areas;
5. A11 pedestrian walkways and sidewalks;
6. A complete lighting plan, showing location and
type of all lighting, including but not limited
to building, signage and parking illumination,
including specifications on height, intensity or
brightness, radiation pattern and required light
shielding;
7. All signage, including location, height, lighting
and content;
8. A colored facade rendering for each building,
except that this requirement may be waived by the
Director of Development Services;
9. Designated Outdoor display and sales areas}.
E. Conflicts with California Building Cade. In case of
any conflict between these requirements and the California
Building Cade, the California Building Code shall prevail.
F. Violations. Notwithstanding any provision of this
Code to the contrary, including but not limited to the
definitions of Public Nuisance set forth in Section
32A-2, any violation of any provision of this Section
24-264 is a public nuisance per se, and the Director
of Development Services may utilize the nuisance
abatement procedure and provisions of Chapter 32A, as
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well as all other remedies now or hereafter available,
to abate or otherwise regulate or prevent violations
of this Section 24--264.
Section 3. Section 24-142 is added to Article ITT, entitled "Zone
Districts" of the Butte County Code to read as follows:
"24-142 Large Retail Projects a.n the C-1 (Light Commercial}
Zone.
Notwithstanding anything to the contrary in Section
24-140, Large Retail Projects, as defined in Section 24-
264, are not allowed in the C-1 {Light Commercial) Zone
unless a Use Permit is obtained, subject to the
requirements of Section 24-264.
Section 4. Section 24--147 is added to Article ITT, entitled "Zone
Districts" of the Butte County Code to read as follows:
"24-147 Large Retail Projects in the C-2 {General
Commercial) Zone.
Notwithstanding anything to the contrary in Section
24--145, Large Retail Projects, as defined in Section 24-
264, are not allowed in the C-2 (General Commercial) Zone
unless a Use Permit is obtained, subject to the
requirements of Section 24-264.
Section 5. Section 24-152 is added to Article ITT, entitled "Zone
Districts" of the Butte County Code to read as follows:
"Large Retail Projects in the 24-154 G-C (Community
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Coz~ercial} Zone.
Notwithstanding anything to the contrary in Section
24-155, Large Retail Projects, as defined in Section 24-
264, are not allowed in the C-C (Community Commercial) Zone
unless a Use Permit is obtained, subject to the
requirements of Section 24-264. Large Retail Projects in
the C-C {Community Commercial) zoning district shall be
limited to 100,000 square feet or less.
Section 6. 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 Ordinance which can be given',
effect without the invalid provision or application thereof.
Section 7. Effective Date and Publication.
This Ordinance shall 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 (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 Enter rise-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 IOth day of February ,
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2004, by the falloraing vote:
AYES : Supervisors Dolan, Houma, Josiassen
NOES: Supervisor Xamaguchi and Chair Beeler
ABSENT : None
NOT VOTING: None
R. eeler,' hair of the
Butte County Board of Supervisors
ATTEST:
PAUI. MCINTQSH, Chief
Administrative Officer
and Clerk o~ the oard
By
e y
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