HomeMy WebLinkAbout96-050~,. ~~ ~S UP~~1'•.,
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:~a: :~: BOARD OF SUPERVISORS
~* % c *~ COUNTY OF BUTTE, STATE OF CALIFORNIA
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~~~~~COUI ~~,,~i+O ~i~so~ttfic7n !'~~~. 96-50
RESOLUTION CALLING AN ELECTION REGARDING: INITIATIVE ORDINANCE
AMENDING BUTTE COUNTY GENERAL PLAN AND COMPREHENSIVE ZONING
ORDINANCE; REPEALING AGRICULTURAL PROTECTION ZONE; AND REZONING U
(UNCLASSIFIED) ZONES
WHEREAS, on January 31, 1996, a County-wide petition titled
"Initiative Ordinance Amending Butte County General Plan and
Comprehensive Zoning Ordinance; Repealing Agricultural Protection
Zone; and Rezoning U (Unclassified) Zones" was submitted to the
Butte County Elections Department by the proponents thereof, and,
after examination of the signatures thereon, the County Clerk-
Recorder-Registrar determined that the petition was sufficent;
WHEREAS, on March 12, 1996, the Clerk-Recorder-Registrar
certified the results of her examination to this Board, which
requested on that day that an analysis of the initiative ordinance
be prepared pursuant to Elections Code Section 9111;
WHEREAS, said analysis was received by this Board and
considered at its regular meeting on April 9, 1996;
WHEREAS, this Board has determined not to adopt the initiative
ordinance and has determined instead to submit the ordinance to the
County voters at the statewide general election to be held on
November 5, 1996.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of
the County of Butte, State of California, as follows:
Page 1
1. The Board hereby calls an election to be held within the
County of Butte on November 5, 1996, pursuant to
Elections Cade Section 9118.
2. The question to be submitted to the County voters at said
election shall be:
Shall the people of the County of Butte adopt
the "Initiative Ordinance Amending Butte
County General Plan and Comprehensive Zoning
Ordinance; Repealing Agricultural Protection
Zone; and Rezoning U (Unclassified) Zones",
which ordinance is attached hereto as Exhibit
A and incorporated herein by this reference?
3, Said election shall be consolidated with the statewide
general election to be held on November 5, 1996.
4. Said election shall be held and conducted pursuant to the
procedures specified in Part 3 of Division 10 of the
Elections Code commencing at Section 10400.
5. For the purposes of this election the "County voters"
shall include all voters in the County, including voters
in the incorporated areas of the County.
6. In accordance with Elections Code Section 13247, the
County Clerk is authorized to abbreviate the above
measure to be submitted to the voters of the County, to
read as follows:
Shall the "Initiative Ordinance Amending Butte
County General Plan and Comprehensive Zoning
Ordinance; Repealing Agricultural Protection
Page 2
Zone; and Rezoning U (Unclassified) Zones" be
adopted?
YES [ ]
NO [ ]
PASSED AND ADOPTED at a regular meeting of the Board of
Supervisors of the County of Butte, State of California, held on
May 14, 1996, by the following votes:
AYES: Supervisors Dolan, Houx, Thomas, Chair McLaughlin
NOES : None
ABSENT: Supervisor Meyer
NOT VOTING : None
ED McLAUGHLIN, hair
Butte County Board of Supervisors
ATTESTED:
JOHN BLACKLOCK
Chief Administrative Officer
and the Clerk of the Board
By:
initiative.res
Page 3
The proposed ordinance reads as follows:
"The People Of The County Of Butte Do Ordain As Follows:
An Ordinance Amending The Butte County General Plan And The
Butte County Comprehensive Zoning Ordinance
Section 1. The purpose of this ordinance is to take back and
hold certain rights for the people, including the right to vote
on land use issues.
Section 2. The provisions of this ordinance supersede any
conflicting or inconsistent provisions of the Code of Ordinances,
General Plan, and all other ordinances, resolutions, policies,
procedures, maps and plans of the County of Butte.
Section 3. If any provision of any section of this ordinance is
hereafter determined to be invalid by a court of competent
jurisdiction, all remaining provisions and sections of this
ordinance shall remain in full force and effect and, to this
extent, the provisions of this ordinance are severable.
Section 4. Any and all amendments, changes and additions to the
General Plan adopted after January 24, 1995, including, but not
limited to th? Agricul~-ural Element and the North Chico Specific
Plar, are i~nreny repealed. The General Plan shall reac± as .L.
existed nr~ ?~~~ua.~, 24, 1995, except as amended by this t~rci~.ai,c~.
Section 5. Any and all amendments to Chapter 24, the Co,~orP`~ens'::.
Zoning Ordinance, adopted after January 24, 1995, are hereby
repealed. Chapter 24, the Comprehensive Zoning Crdinance, shall
read as it was adopted by Ordinance No. 3176 on January 24, 1995,
except as amended by this ordinance.
Section 6. The title and provisions of Section 24-25.20,
Procedure For Precise Zoning Amendments, of the Camprehensive
Zoning Ordinance, are hereby amended to read as follows:
Section 24-25.20. Camprehensive Zoning Ordinance Amendments
A. This chapter may be amended only as follows:
1. By the vote of the e1 ectorate, or
2. In accordance with Sections 24-25.25 through 24-25.45,
is such amendment is a part of a rezone requested by
the owner or owners of the property thereby rezoned.
1 EXHIBIT R
Section 7. Section 24-30, Procedure For General Plan Amendmants,
of the Comprehensive Zoning Ordinance, is hereby amended to read
as follows:
Section 24-30. General Plan Amendments
A. The General Plan may be amended, changed and/or added to
only as follows:
1. ~y the vote of the
2. In accordance with
if such amendment,
a rezone requested
property thereby r
electorate, or
Sections 24-25.25 through 24-25.45,
change andJor addition is a part of
by the owner or owners of the
ezoned.
Section 8. The land use designation Orchard and Field Crops of
the Land Use Element of the General Plan is hereby amended to
read as follows:
ORCHARD APdD FIELD CROPS
Primary Uses:
Cultivation, harvest, storage, processing, sale and
distribution of all plant crops, especially annual food craps.
Secondary Uses:
Anima husbandry and intense animal uses, dwellings, airports,
utilities, resource extraction and processing, public and
quasi-public uses, and home occupations.
Site Designation Criteria:
~. So- i1 co~Icn ~t~ons we -suited for plant crop operations.
2. Adequate water supply for irrigation.
3. Predominant parcel size of 5 acres or more.
4. Used for crop production and secondary uses.
Intensity of Use:
Minimum parcel size of 5 acres. One single-family dwelling
per parcel with additional housing as provided in Section
24-90 of the Comprehensive Zoning Ordinance.
Consistent Zones:
A-5 thru A-160, R-C, P-Q and PUD.
Zoning and Development Criteria:
1. Evidence of adequate water, drainage and sewage disposal
capacity.
2. Availability of adequate road access to development.
3. Availability of adequate fire protection.
4. Commitment to an approved development plan.
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Section 9. The land use designation Grazing and Open Land of
the Land Use Element of the General Plan is hereby amended to
read as follows:
GRAZING AND OPEN LAND
Primary Uses:
Livestock grazing and animal husbandry.
Secondary Uses:
Forestry, plant crops, agricultural support services, airports,
outdoor recreation facilities, dwellings, utilities, resource
extraction and processing, public and quasi-public uses, and
home occupations.
Site Designation Criteria:
1. PJatural con itions poorly-suited to plant crops or timber.
2. Predominant parcel size of 5 acres or more.
3. Used for grazing or secondary uses.
Intensity of Use:
Minimum parcel size of 5 acres. One single-family dwelling
per parcel with additional housing as provided in Section
24-90 of the Comprehensive Zoning Ordinance.
Consistent Zones:
A-5 thru A-160, AR-5 thru AR-I0, TM-5 thru TM-160, FR-5 thru
FR-160, C-F, TPZ-160, R-C, P-Q and PUD.
Zoning and Development Criteria:
~-Evidence of adequate water, drainage and sewage disposal
capacity.
2. Availability of adequate road access to development.
3. Availability of adequate fire protection.
4. Commitment to an approved development plan.
Section 10. The land use designation Timber-Mountain of the
Land Use Element of the General Plan is hereby amended to read
as follows:
TIMBER-MOUNTAIN
Primary Uses:
Forest management and harvesting and processing of forest
products.
Secondary Uses:
Animal husbandry, grazing, plant crops, resource extraction
and processing, outdoor recreation facilities, dwellings,
utilities, public and quasi-public uses, airports, and home
occupations.
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Site Designation Criteria:
1. Climate, slope and soils generally-suitable for conifer
forests and timber production.
2. Predominant parcel size of 5 acres or more.
Intensity of Use:
Minimum parcel size of 5 acres. One single-family dwe117ng
per parcel with additional housing as provided in Section
24-190 of the Comprehensive Zoning Ordinance.
Consistent Zones:
TP~1-5 thru T~-160, A-5 thru A-160, FR-5 thru FR-160, R-C, C-F,
TPZ-160, P-Q and PUD.
Zoning and Development Criteria:
1. Evidence of adequate water, drainage and sewage disposal
capacity.
2. Availability of adequate road access to developmento
3. Availability of adequate fire protection.
4. Commitment to an approved development plan.
Section 11, The land use designation Agricultural Residential
of the Land Use Element of the General Plan is hereby amended to
read as follows:
AGRICULTURAL RESIDENTIAL
Primary Uses:
Agricultural uses and single-family dwellings at rural
densities.
Secondary Uses:
Animal husbandry, forestry, home occupations, resource
extraction and processing, outdoor recreation facilities,
airports, utilities, public and quasi-public uses, group
quarters, care homes, and transient lodging.
Site Designation Criteria:
~Beyond service area of community water and sewer systems.
2. Less than 30% slopes.
3. Near existing roads and utilities.
4. Not within floodplains or known active fault areas.
Intensity of Use:
Minimum parcel size of one acre. One single-family dwelling
per parcel with additional housing as provided in Section
24-95 of the Comprehensive Zoning Ordinance.
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Consistent Zones:
AR-5 thru AR-10, A-5 thru A-160, TM-5 thru TM-160, FR-5 thru
FR-160, C-F, TPZ-160, R-C, P-Q and PUD.
Conditionally Consistent Zones:
AR-1 thru R-22, TM- thru TM-3, FR-1 thru FR-3, SR-1 thru
SR-5, AR-MH-1 thru AR-MH-S and RT-lA, subject to findings of
conformity with Zoning and Development Criteria listed below.
Zoning and Development Criteria:
Evi ence of adequate water, drainage and sewage disposal
capacity.
2. Availability of adequate road access to development.
3. Availability of adequate fire protection.
4. Commitment to an approved development plan.
Section 12. The land use designation Foothill Area Residential
of the Land Use Element of the General Plan is hereby amended to
read as follows:
FOOTHILL RESIDENTIAL
Primary Uses:
Single-family dwellings at rural densities.
Secondary Uses:
Agricultural uses, animal husbandry, home occupations,
forestry, outdoor recreational facilities, resource extraction
and processing, airports, utilities, public and quasi-public
uses, dwellings, group quarters, care homes and secondary uses
consistent with the Foothill Residential designation.
Site Designation Criteria:
Located in rural foothill areas outside of urban
communities.
2. Beyond the service areas of community water and sewer
systems.
3. Having topography, slope and soil conditions suitable for
foothill rural residential development.
4. Near existing roads and public utilities.
Intensity of Use:
Minimum parcel size of one acre. One single-family dwelling
per parcel with additional housing as provided in Section
24-110 of the Comprehensive Zoning Ordinance.
Consistent Zones:
FR-5 thru FR-160, A-5 thru A-160, AR-5 thru AR-10, TM-5 thru
TM-160, C-F, TPZ-160, R-C, P-Q and PUD.
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Conditionally Consistent Zones:
FR-1 thru FR-3, TM-1 thru TM-3, AR-1 thru AR-2 Z, SR-1 thru
SR-5, AR-MH-1 thru AR-MH-5 and RT-1A, subject to findings of
conformity with Zoning and Development Criteria listed below.
Zoning and Development Criteria:
1. Evidence of adequate water, drainage and sewage disposal
capacity.
2. Availability of adegaate road access to development.
3. Availability of adequate fire protection.
4. Commitment to an approved development plan.
Section 13. Ordinance No. 3129, An Interim Zoning Ordinance
Adopted As An Urgency Measure Establishing An Agricultural
Protection Zone; Ordinance No. 3135, An Ordinance Amending And
Extending Ordinance No. 3129; and Ordinance No. 3187, An Interim
Zoning Ordinance Adopted As An Urgency Measure Establishing An
Agricultural Protection Zone; are hereby repealed. Zoning in
the former Agricultural Protection Zone shall be as such zoning
existed on March 21, 1994.
Section 14. Zoned districts and portions thereof zoned
U(Unclassified) on March 21, 1994, and which on such date were
situated in Orchard and Field Crops and Grazing and Open Land
land use designations of the Land Use Element of the General
Plan, are hereby rezoned A-5(Agricultural, 5-acre parcels).
Section 15. Zoned districts and portions thereof zoned
U(Unclassified) on March 21, 1994, and which on such date were
situated in the Agricultural Residential land use designation of
the Land Use Element of the General Plan, are hereby rezoned
AR-5(Agricultural Residential, 5-acre parcels).
Section 16. Zoned districts and portions thereof zoned
U(Unclassified) on ~"1arch 21, 1994, and which on such date were
situated in the Timber-Mountain land use designation of the Land
Use Element of the General Plan, are hereby rezoned T~~-5(Timber-
Mountain, 5-acre parcels).
Section 17. Zoned districts and portions thereof zoned
U(Unclassified) on March 21, 1994, and which on such date were
situated n the Foothill Area Residential land use designation of
the Land Use Element of the General Plan, are hereby rezoned
FR-5(Foothill Recreational, 5-acre parcels).
Section 18. Section 24-25.50, Interim Zoning, of the
Comprehensive Zoning Ordinance, is hereby repealed.
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Section 19. Section 24-90(A)(1), A-5 Through A-160(Agricultural)
Zones, Uses Permitted; Section 24-95(A)(1), AR Through AR-10
(Agricultural Residential} Zones, Uses Permitted; Section
24-110(A}(1), FR-1 Through FR-160(Foothi 1 Recreational} Zones,
Uses Parmitted; and Section 24-190(A)(1), TM-1 Through TM-160
Timber-Mountain) Zones, Uses Permitted; are each hereby amended
to read as follows:
One single-family dwelling, mobile home or modular home and
one second unit, per parcel .
Section 20. Section 24-95(D)(2), AR Through AR-10(Agricultural
Residential) Zones, Uses Requiring a Minor Use Permit; Section
24-110(D)(2), FR-1 Through FR- 60 Foothi Recreational) Zones,
Uses Requiring a Minor Use Permit; and Section 24-190(D)(2),
TM-1 Through TM-160 Timber-Mountain) Zones, Uses Requiring a
Minor Use Permit; are each hereby deleted.
Section 21. The section designation of Section 24-3280, Second
Units, of the Comprehensive Zoning Ordinance, is hereby corrected
to read as follows:
24-280
Section 22. Section 24-280(6}(3), Second Units, Standards and
conditions, of the Comprehensive Zoning Ordinance, is hereby
amended to read as follows:
The inclosed area of a second unit shall not exceed 2,000
square feet.
Section 23. Section 24-280(6)(6), Second Units, Standards and
conditions, of the Comprehensive Zoning Ordinance, is hereby
amended to read as follows:
Area for an attached or detached carport or garage shall be
allowed in addition to the inclosed area of the second unit.
Section 24. Section 24-280(8)(9}, Second Units, Standards and
conditions, of the Comprehensive Zoning Ordinance, requiring
either the existing single-family dwelling or the Second Unit to
be owner-occupied and requiring verification of ownership prior
to permit issuance for a Second Unit and annually thereafter, is
hereby deleted.
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Section 25. Chapter 24, the Comprehensive Zoning Ordinance,
is hereby amended by adding the following article, section and
title:
ARTICLE XII
Section 24-400. TAKINGS. The County of Butte shall
compensate the owner of real property whose use of any
portion of that property has been limited by any action by
the County of Butte that diminishes the fair market value of
that portion. The amount of compensation shall be equal to
the diminution in value that resulted from such action."
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