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Home My WebLink About40231 2 3 4 s s ~ s 9 1fl 11 12 93 94 '! 5 96 17 ~s ~s zo z~ 22 23 24 25 2s 27 2s zs 30 31 32 Ordinance No. ~+~23 An Ordinance of the Counfy of Butte Amer~ding Section 13.1 of Chapter 26 ~f the Butte Couniy Code The Board o~ Supervisors of the County of Butte ordains as foflows: Section 1. Purpose. This proposed ordinance amends Sectian 13.1 in Chapter 26 Buildings as fo{lows: (9} Allowing deferment of the requireme~ts af Sec~ion 'I3.1 for single famify residences and duplexes without de~osit of an in-lieu fee if certai~ cor~ditions are met. (2) Al~owing a waiver of the requirements of Section 13.'i for single family resic~ences and duplexes if certain concfitions are me~. Section 2. Butte Coun~y Code Chapt~r 26 Section 13.1 is amended to read as fOtlOWS: 26-13.'[. Pvstponement of street impro~ements. Noiwithstanding the provisions of Section 26-12 or Section 26-12.1, street improvement requirements may be postponed at ~he discrefion of the Board ofi Supervisors or the Director of Public Works under the following criteria: ('~ } Deposit of an in-lieu fee in the amount equal ta the estimated cost of the required improvements using ~he stancfard estimating ra~es as adopted by Resolution of the Board of Supervisors and appro~ed by the Director of Public WarCcs, which fee will be reserved in a separate account for f~ture impro~ement in the area whert conditions warrant. (2) When a permit is requested for a new single family residence or duplex that results in no more than ~[wo living units per parcel, ar~d the parcel is not within 250 feet of existing curb, gutter and sidewalk located on the same side of the road as the new single fami~y ~esidence or du~lex, the awner may enter into a co~enant to defer the requirements of Section 26-12 until such fime as deemed necessary and appro~riate by the Director of Pub~ic Works, ln entering into the covenant, the owner cansents to t~te ~ 1 formation of a special assessment district for fl~e purpose of financing installation o~ ~ impro~ements required by Section 26-12. s (3) When a new si~tgle family res~der~ce or duplex replaces an existing single a famify residence o~` dupEex tha~ was remo~ed under a ~alid demoiition permit within 12 s mor~ths of the date ofi application for fhe buifding permif and has substan~iaily the same s livable area as the pre-existing dwelling, the owner may enter in~a a covenant to defer 7 the requirements of Sectian 26-'!2 until such time as d~emed necessary anc~ a approprfate by #he Director ofi Public Works. In er~tering into the co~enanf, the owner s consents fo the formation of a special assessment districf for the purpose ofi ~inancing ~o installation of improvements req~aired by Section 26-'I2. ~~ {4) When a new singie family residence or dupiex replaces an existing single iz family resider~ce or duplex that was destroyed by fire withir~ 12 months prior to ~s appfication far fhe buifding permit and has substantially the same livable area as the ~a pre-existir~g dwelling, the requirements of Section 26-12 are waived. i5 ~s Section 3. Severabiliiy. If any provision of this Ordinance or the app~ication thereof ~~ to any person or circumstances 15 for any reason held to be invaiid by a courk of ~a competent jurisc~iction, such pro~ision shafl be deemed severa~le, and the invalidi#y 19 thereof shall not affect fhe remaining pro~isians or other applications of the Ordinance za which can be giver~ effect wfthout #he invalid provision or application thereof. z~ ~z Sectior~ 4. Effecti~e Date and Publication, Zs This ordinance sha~~ take effect thirty (30) days after the date of its passage. The Cler~C ~a of the Board of Supervisors ~s au#horized a~d directed to publish this ordinance before 25 the expiration af fifteen (15) days after its passage. This ordinance sf~all be publis~ed ~s or~ce with the names o~ fihe members of the Board of Super~isors voting for artd against a~ it in the Chico ~x , a newspaper of generaf circulation published in the zs County of Butte, State of California. 29 3p 39 32 2 1 2 3 4 5 S ~ a s ~o ~~ ~~ 13 14 ~s ~s 97 ~8 19 zo PASSED AND ADOPTED by the Board of Superrrisors of the County of Butte, State of Califom~a, on the O8 day of .'~u,~,,,, 20~ 0, by the following vote: AYES: Supervisor5 Aolan, ICirk, Lambert., Yamaguc~ii, and Chair Connell~= NOES: None ABSEI~[T: Nflne NOT VOTING: None ~ Bilf Connelly, Chair of the Butte County Board of Supervisors ATTEST: Scott Tandy, Interim Chief Admir~istrati~e Officer Clf By 3