HomeMy WebLinkAbout4140 1 Ordinance No. 4140
2 AN INTERIM ZONING ORDINANCE ADOPTED AS AN URGENCY MEASURE
3 ESTABLISHING TEMPORARY LIMITATIONS ON NEW DEVELOPMENT ON PARCELS
4 HAVING ACCESS OFF OF CRAIG ACCESS ROAD
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The Board of Supervisors of the County of Butte ordains as follows:
6 Section 1. Purpose and Intent
7 The purpose of this Ordinance is to provide for the health, safety and
8 welfare of Butte County and its residents by exercising the police power
9 provided for in the California Constitution that underlies the County's
10 zoning powers to temporarily limit the approval and construction of new
development projects and the creation of new parcels that result in
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additional vehicle traffic on Craig Access Road. Craig Access Road is a
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State of California Department of Water Resources owned road. In order to
13 protect the health, safety and welfare of the County and its residents, the
14 Board of Supervisors intends to impose a temporary limitation on certain
15 types of development including the creation of new parcels and new
16 construction, except for repair and maintenance of legally established
17 existing structures, by limiting the issuance of permits for new construction
or expansion of existing structures in order to provide County staff, the
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Board of Supervisors, and the residents of the County sufficient time to
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consider how to eliminate the health, safety and welfare concerns relating to
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access along Craig Access Road.
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Section 2. Authority and Findings
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This ordinance is an interim zoning ordinance adopted as an urgency measure
23 pursuant to Government Code Sections 65858 and 25123 (b) and (d) to protect the
24 public health, safety and welfare by temporarily limiting new development
25 projects described below, and the Board of Supervisors intends to study the
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condition of Craig Access Road to find a solution to the public health, safety
2 and welfare concerns within a reasonable time.
3 The Board of Supervisors hereby finds that there is a current and
4 immediate threat to the public health, safety and welfare resulting from the
5 approval of permits for new development projects that result in additional
vehicle traffic on Craig Access Road, and that such approvals would result in
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a threat to public health, safety and welfare, for the following reasons:
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a. Craig Access Road has deteriorated to a condition that falls below
8 Approved Access as set forth in Butte County Code Section 20-8 and
9 Traversable Access as set forth in Butte County Code Section 20-57.
10 County Public works staff inspected the road and found that during
11 the winter months, due to drainage and erosion, portions of Craig
Access Road are impassable to all vehicles, except possibly high
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clearance four wheel drive vehicles, thereby rendering it impassable
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to many emergency response vehicles.
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b. The deterioration of Craig Access Road during certain times of the
15 year is such that emergency vehicles and first responders are unable
16 to reach individuals in need of assistance giving rise to a current
17 and immediate threat to the public health, safety and welfare.
C. Butte County has received complaints about the dangerous and
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impassible condition of Craig Access Road.
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d. The existing bridge on Craig Access Road has a limited load rating,
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which is inadequate for emergency access vehicles to cross.
21 e. In light of the inspections of County staff, the experiences of
22 emergency vehicles and first responders, and the complaints of concerned
23 residents and property owners noted above, the Board of Supervisors finds
24 that the deterioration of Craig Access Road has given rise to a current
and immediate threat to the public health, safety and welfare that
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requires that a limitation be placed on new development and that a
2 solution be found to eliminate the health, safety, and welfare concerns.
3 f. Any of the above findings alone is sufficient to support the adoption
4 of this interim urgency ordinance by the Board of Supervisors.
5 Section 3. Definitions
For the purpose of this ordinance, the following definitions shall apply:
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Approved access. As defined in Butte County Code Section 20-8, the right
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of vehicular travel, within a legal right--of-way that meets county
8 standards, to a public street, with entry thereon, over a roadway that
9 meets county design standards.
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11 New development. Any human-caused change to land that requires any permit
12 or approval from the County that, upon its completion, is likely to result
in the generation of additional vehicle trips to and from parcels of land
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that rely on Craig Access Road as their legal access. This includes, but
14 is not limited to new single-family dwellings, guest houses, second units,
15 accessory dwelling units, bedroom additions, parcel maps, subdivisions,
16 certificates of compliance and exploratory wells. New development does
17 not include: the renovation or rehabilitation, but not expansion, of
18 existing buildings; repairs or alterations that are routine in nature,
such as replacement of appliances; construction required to comply with
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fire and/or life safety requirements; repairs or replacement of existing
2 wells or septic systems; and work pursuant to the Americans with
21 Disabilities Act.
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23 Traversable Access. As defined in Butte County Code Section 20-57, an
24 approved access, traversable year round for a standard two--wheel-drive
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automobile, except when covered by snow. Bridges, road structures, and
2 culverts shall be capable of supporting a twenty--ton load.
3 Section 4 . Applicability
4 The provisions of this ordinance shall apply to:
5 All parcels in Sections 25, 26, 31, 35, and 36 of Township 20 North, Range
5 East of the Mount Diablo Base and Meridian for which it cannot be established
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that there is approved access and traversable access to the parcel from .roads
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other than Craig Access Road.
8 Section 5. Limitation on New Development; Processing of Applications Submitted
9 a. Within the applicable unincorporated area of the County of Butte,
10 State of California, there shall be a temporary limitation on new
11 development in effect, commencing on the effective date of this ordinance,
12 limiting the construction of new development, and/or the issuance of
permits for the construction of new development and/or land use and
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Subdivision Map Act related actions, notwithstanding other existing
14 zoning provisions and regulations of the County of Butte. This limitation
15 shall apply to any permit or approval from the County that is likely to
16 result in the generation of additional vehicle trips to and from parcels
17 of land that rely on Craig Access Road for their approved access and
18 traversable access. Any permit or approval from the County that is not
likely to result in the generation of additional vehicle trips to and
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from parcels of land that rely on Craig Access Road for their approved
20 access and traversable access is not deemed new development and is not
2 1 limited under this ordinance.
22 b. Applicants may elect to have County staff continue to accept and
23 process applications while the limitation is in place. This temporary
24 limitation is not intended to affect the acceptance and/or processing of
permit applications for the new development projects described above by
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County staff; it is intended to limit only the approval and issuance of
2 permits for such new development projects and the construction of such
3 projects. County staff shall continue to accept such permit applications
4 received after the effective date of this ordinance. At the applicant's
5 written request, the County shall continue to process such an application
during the term of this ordinance; however, any new standards for such
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projects and the permitting thereof which are adopted while the ordinance
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is in place shall nevertheless apply to such an application. Any time
8 Limits or mandatory approval time frames relative to the processing and
9 action upon permit applications for the new development projects described
10 above are tolled during the term of this ordinance.
11 Section 6. Written Report Required
12 The report required by Government Code Section 65858 (d) shall be prepared
by the Department of Development Services in consultation with the Department
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of Public Works and issued not later than ten days prior to the expiration of
14 this interim urgency ordinance or any extension.
15 Section 7. CEQA Exemption
The Board of Supervisors hereby finds that, regarding the California
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Environmental Quality Act (CEQA) , there is no possibility that the adoption of
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this ordinance may have a significant adverse effect on the environment (CEQA
18 Guideline 15061 (b) (3) ) because this ordinance will reduce the possibility of
19 such effects by: limiting new development on parcels having access off of Craig
20 Access Road.
21 Section 8. Severability
22 If any provision of this ordinance or the application thereof to any
23 person or circumstances is for any reason held to be invalid by a court of
24 competent jurisdiction, such provision shall be deemed severable, and the
25 invalidity thereof shall not affect the remaining provisions or other
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applications of the ordinance which can be given effect without the invalid
provision or application thereof.
Section 9. Effective pate and PublicaLion
4 a. This ordinance shall take effect immediately upon its passage. it
shall be of no further force and effect 45 days from its date of adoption unless
extended following a public hearing, as provided in Government Code Section
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65858 . A public hearing is hereby set for 9:20 a.m. on January 23, 2018, to be
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held in the Board of Supervisors Room, County Administration Building, 25 County
8 Center Drive, Oroville, CA, for the purpose of considering extending this
9 ordinance for a reasonable time up to an additional 22 months and 15 days,
10 b. The Clerk of the Board of Supervisors is authorized and directed to
11 publish this ordinance, before the expiration of fifteen (15) days after its
12 passage. This ordinance shall be published once, with the names of the members
of the Board of Supervisors voting for and against it, in at least one newspaper
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of general circulation published in the County of Butte, State of California.
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1S 1PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of
California, on the 12"i day of December, 2017, by the following vote:
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AYES: Supervisor Wahl, Lambert, Teeter, and Vice-Chair Kirk
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NOES: None
18 ABSENT: Supervisor Connelly
19 NOT VOTING: None
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MAUREEN KIRK, Vices=air
21 Butte County Board of Supervisors
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AITEST:
23 SHARI MCCRACKEN, Interim Chief Administrative Officer
and Clerk of the Board
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By:
I (K
25 PJepu y
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