HomeMy WebLinkAbout4141 I Ordinance No. 4141
2 AN INTERIM ZONING ORDINANCE ADOPTED AS AN URGENCY MEASURE
3 ESTABLISHING TEMPORARY LIMITATIONS ON NEW DEVELOPMENT ON PARCELS HAVING
4 ACCESS OFF OF CRAIG ACCESS ROAD
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6 The Board of Supervisors of the County of Butte ordains as follows:
7 Section 1. Purpose and Intent
8 The purpose of this Ordinance is to provide for the health, safety and
9 welfare of Butte County and its residents by exercising the police power
10 provided for in the California Constitution that underlies the County' s
11 zoning powers to temporarily limit the approval and construction of new
12 development projects and the creation of new parcels that result in
13 additional vehicle traffic on Craig Access Road. Craig Access Road is a
14 State of California Department of Water Resources owned road. In order to
15 protect the health, safety and welfare of the County and its residents, the
16 Board of Supervisors intends to impose a temporary limitation on certain
17 types of development including the creation of new parcels and new
18 construction, except for repair and maintenance of legally established
19 existing structures, by limiting the issuance of permits for new
20 construction or expansion of existing structures in order to provide County
21 staff, the Board of Supervisors, and the residents of the County sufficient
22 time to consider how to eliminate the health, safety and welfare concerns
23 relating to access along Craig Access Road.
24 Section 2 . Authority and Findings
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I This ordinance is an interim zoning ordinance adopted as an urgency
2 measure pursuant to Government Code Sections 65858 and 25123 (b) and (d) to
3 protect the public health, safety and welfare by temporarily limiting new
4 development projects described below, and the Board of Supervisors intends
5 to study the condition of Craig Access Road to find a solution to the public
6 health, safety and welfare concerns within a reasonable time.
7 The Board of Supervisors hereby finds that there is a current and
8 immediate threat to the public health, safety and welfare resulting from
9 the approval of permits for new development projects that result in
10 additional vehicle traffic on Craig Access Road, and that such approvals
11 would result in a threat to public health, safety and welfare, for the
12 following reasons:
13 a. Craig Access Road has deteriorated to a condition that falls below
14 Approved Access as set forth in Butte County Code Section 20-8 and
15 Traversable Access as set forth in Butte County Code Section 20-57.
16 County Public Works staff inspected the road and found that during the
17 winter months, due to drainage and erosion, portions of Craig Access
18 Road are impassable to all vehicles, except possibly high clearance
19 four wheel drive vehicles, thereby rendering it impassable to many
20 emergency response vehicles.
21 b. The deterioration of Craig Access Road during certain times of
22 the year is such that emergency vehicles and first responders are
23 unable to reach individuals in need of assistance giving rise to a
24 current and immediate threat to the public health, safety and welfare.
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I c. Butte County has received complaints about the dangerous and
2 impassible condition of Craig Access Road.
3 d. The existing bridge on Craig Access Road has a limited load rating,
4 which is inadequate for emergency access vehicles to cross.
5 e. In light of the inspections of County staff, the experiences of
6 emergency vehicles and first responders, and the complaints of
7 concerned residents and property owners noted above, the Board of
8 Supervisors finds that the deterioration of Craig Access Road has
9 given rise to a current and immediate threat to the public health,
10 safety and welfare that requires that a limitation be placed on new
11 development and that a solution be found to eliminate the health,
12 safety, and welfare concerns .
13 f. Any of the above findings alone is sufficient to support the
14 adoption of this interim urgency ordinance by the Board of Supervisors.
15 Section 3. Definitions
16 For the purpose of this ordinance, the following definitions shall
17 apply:
18 Approved access. As defined in Butte County Code Section 20-8, the
19 right of vehicular travel, within a legal right-of-way that meets
20 county standards, to a public street, with entry thereon, over a
21 roadway that meets county design standards.
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23 New development. Any human-caused change to land that requires any
24 permit or approval from the County that, upon its completion, is likely
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I to result in the generation of additional vehicle trips to and from
2 parcels of land that rely on Craig Access Road as their legal access.
3 This includes, but is not limited to new single-family dwellings,
4 guest houses, second units, accessory dwelling units, bedroom
5 additions, parcel maps, subdivisions, certificates of compliance and
6 exploratory wells. New development does not include: the renovation
7 or rehabilitation, but not expansion, of existing buildings; repairs
8 or alterations that are routine in nature, such as replacement of
9 appliances; construction required to comply with fire and/or life
10 safety requirements; repairs or replacement of existing wells or
11 septic systems; and work pursuant to the Americans with Disabilities
12 Act.
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14 Traversable Access. As defined in Butte County Code Section 20-57,
15 an approved access, traversable year round for a standard two-wheel-
16 drive automobile, except when covered by snow. Bridges, road
17 structures, and culverts shall be capable of supporting a twenty-ton
18 load.
19 Section 4 . Applicability
20 The provisions of this ordinance shall apply to:
21 All parcels in Sections 25, 26, 31, 35, and 36 of Township 20 North,
22 Range 5 East of the Mount Diablo Base and Meridian for which it cannot be
23 established that there is approved access and traversable access to the
24 parcel from roads other than Craig Access Road.
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I Section 5. Limitation on New Development; Processing of Applications
2 Submitted
3 a. Within the applicable unincorporated area of the County of Butte,
4 State of California, there shall be a temporary limitation on new
5 development in effect, commencing on the effective date of this ordinance,
6 limiting the construction of new development, and/or the issuance of permits
7 for the construction of new development and/or land use and Subdivision Map
8 Act related actions, notwithstanding other existing zoning provisions and
9 regulations of the County of Butte. This limitation shall apply to any
10 permit or approval from the County that is likely to result in the generation
11 of additional vehicle trips to and from parcels of land that rely on Craig
12 Access Road for their approved access and traversable access. Any permit
13 or approval from the County that is not likely to result in the generation
14 of additional vehicle trips to and from parcels of land that rely on Craig
15 Access Road for their approved access and traversable access is not deemed
16 new development and is not limited under this ordinance.
17 b. Applicants may elect to have County staff continue to accept and
18 process applications while the limitation is in place. This temporary
19 limitation is not intended to affect the acceptance and/or processing of
20 permit applications for the new development projects described above by
21 County staff; it is intended to limit only the approval and issuance of
22 permits for such new development projects and the construction of such
23 projects. County staff shall continue to accept such permit applications
24 received after the effective date of this ordinance. At the applicant' s
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I written request, the County shall continue to process such an application
2 during the term of this ordinance; however, any new standards for such
3 projects and the permitting thereof which are adopted while the ordinance
4 is in place shall nevertheless apply to such an application. Any time
5 limits or mandatory approval time frames relative to the processing and
6 action upon permit applications for the new development projects described
7 above are tolled during the term of this ordinance.
8 Section 6. Written Report Required
9 The report required by Government Code Section 65858 (d) shall be
10 prepared by the Department of Development Services in consultation with the
11 Department of Public Works and issued not later than ten days prior to the
12 expiration of this interim urgency ordinance or any extension.
13 Section 7. CEQA Exemption
14 The Board of Supervisors hereby finds that, regarding the California
15 Environmental Quality Act (CEQA) , there is no possibility that the adoption
16 of this ordinance may have a significant adverse effect on the environment
17 (CEQA Guideline 15061 (b) (3) ) because this ordinance will reduce the
18 possibility of such effects by: limiting new development on parcels having
19 access off of Craig Access Road.
20 Section 8 . Severability
21 If any provision of this ordinance or the application thereof to any
22 person or circumstances is for any reason held to be invalid by a court of
23 competent jurisdiction, such provision shall be deemed severable, and the
24 invalidity thereof shall not affect the remaining provisions or other
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I applications of the ordinance which can be given effect without the invalid
2 provision or application thereof.
3 Section 9. E'ffect—ive Date and PublicaLion
4 a . This ordinance shall take effect immediately upon its passage .
5 It shall. be of no further force and effect 22 months and 1.5 days from its
6 date of adoption .
7 b. The Clerk of the Board of Supervisors is authorized and directed
8 to publish this ordinance, before the expiration of fifteen (15) days after
9 its passage . This ordinance shall. be published once, with the names of the
10, members of the Board of Supervisors, voting for and against it, in at least
11 one newspaper of general circulation published in the County of Butte, State
12 of California .
13 PASSED AND ADOPTED by the Board of Supervisors of the CQUnty of Butte, State
14 of California, on the 23' day of January, 201.8, by t1he following vote:
15 AYES: Supervisors, Connelly, Wahl, Kirk, Teeter, and Chair Lambert
16 NOES: None
17 ABSENT: None '14f
18 NOT VOTING: None
19 STEVE LAM4RT, Chair
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20 Butte County Board of Supervisors
21 ATTEST:
SHARI MCCRACKEN, InLerim Chief Administrative
22 Officer and Clerk of the Board
21 By:
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24 Input
25 GWWANC1 Bu"c Counl.y 6cucial Plan 2030-10 Nclme 11ro.iects'Craig Access Road
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