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Ordinance No. 4175
AN ORDINANCE OF THE COUNTY OF BUTTE AMENDING BUTTE COUNTY CODE
CHAPER 24 {ZONING ORDINANCE}
The Board of Supervisors of the County of Butte ordains as
follows:
Section 1. Table 24-13-1, Permitted Land Uses in the Agriculture
Zones, of Section 24-13, Land use regulations for agriculture
zones, is amended to read as follows:
Table 24--13-1 Permitted Land Uses in the Agriculture Zones
Section 2. Subsection 24-14(G), Agricultural Worker Housing
Centers, is amended to read as follows:
G. Agricultural Worker Housing Center.
1. Permit Process. Agricultural worker housing centers
shall be subject to an administrative permit pursuant
to Article 29, Administrative Permits.
2. Location. The agricultural worker housing center shall
be located in an area that will present the least
amount of impact to agricultural resources (e.g.,
close to existing access and other structures, and in
a locations that will present the least amount of
disturbance to agricultural resources and operations).
3. Size. Agricultural housing units shall be clustered in
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Section 24 -
Agricultural Worker Housing Center
A[3]
-
14(G)
Section 2. Subsection 24-14(G), Agricultural Worker Housing
Centers, is amended to read as follows:
G. Agricultural Worker Housing Center.
1. Permit Process. Agricultural worker housing centers
shall be subject to an administrative permit pursuant
to Article 29, Administrative Permits.
2. Location. The agricultural worker housing center shall
be located in an area that will present the least
amount of impact to agricultural resources (e.g.,
close to existing access and other structures, and in
a locations that will present the least amount of
disturbance to agricultural resources and operations).
3. Size. Agricultural housing units shall be clustered in
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close proximity to each other and shall occupy an area
of no more than one (1) contiguous acre per parcel. No
more than twelve (12) agricultural worker housing
units or a single building that contains no more than
thirty-six (36) beds, and other facilities associated
with a residence, may be developed within the one -acre
area.
4. Occupancy. Agricultural worker housing shall be
occupied by agricultural employees. The family members
of an agricultural employee residing in agricultural
worker housing are allowed occupants.
5. Deed Restriction. Prior to the issuance of a building
permit for an agricultural worker housing center, a
covenant of restriction to run with the land shall be
recorded which specifies that the agricultural worker
housing center cannot be sold separately, that the
housing shall only be used to house agricultural
workers and their families, and that these
restrictions shall be binding on successors in
ownership.
6. Williamson Act. Agricultural Worker Housing Centers
shall comply with any applicable Williamson Act
Program.
Section 3. Subsections 24-172.1(G), Short -Term Rental
Restrictions, and (H), Transient Occupancy Taxes, are amended to
read as follows:
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G. Short -Tern, Rental Restrictions.
1. Short-term rentals are not allowed in structures not
intended for residential occupancy under the current',
California Building Code Standards, or in agricultural
worker housing.
2. No more than two short-term rentals may be permitted on
the same parcel (e.g., a primary residence and an
approved second unit), and one of the short-term rentals
must be operated as a hosted stay.
3. Short-term rentals on property subject to a Williamson Act
Contract are subject to the following additional
restrictions:
a. Shall be a primary residence as defined under Section
24-172.1 B.2
b. Shall be limited to hosted stays as defined under Section
24-172.1 B.4.
c. Shall not be permitted in agricultural worker housing.
d. Shall be limited for agricultural uses to one short-term
rental per parcel, provided the parcel meets the minimum
parcel size requirements of 10 acres for prime land and
40 acres for nonprime land, but if the parcel falls
below the minimum size requirement, only one short-term
rental shall be allowed per contract, and further if the
total area of contracted land under the same ownership
falls below the minimum size requirement, then no short-
term rental shall be allowed; for open space uses short -
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term rentals shall be limited to one short-term rental
per contract located on a parcel with a minimum size of
80 acres.
e. Is not eligible for a minor use permit pursuant to
Section 24-1.72.1 E.
H. Reporting Requirements.
1. Transient Occupancy Taxes. Butte County Code Chapter 23-A
authorizes the levy of a Transient Occupancy Tax for
overnight stays at all lodging facilities. Short-term rental
proprietors must complete a Transient Occupancy Tax
Questionnaire and submit it to the Central Collections
Division of the Treasurer --Tax Collector's Department within
10 days of commencing business.
2. Annual Income Reporting for Short -Term Rentals Subject to a
Williamson Act Contract. Annual income received from the
short-term rental shall be annually reported to the Butte
County Assessor.
Section 4. CEQA Exemption. Adoption of this Ordinance is exempt from
the provisions of the California Environmental Quality Act (CEQA)
pursuant to CEQA Guidelines Section 15268 regarding Ministerial
Projects and CEQA Guidelines Section 15301 regarding Existing
Facilities.
Section 5. Severability. If any section., subsection, sentence,
clause, or phrase of this Ordinance is for any reason held to be
unconstitutional .or invalid, such decision shall not affect the
validity of the remaining portion of this Ordinance. The Board of
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is
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(Supervisors hereby declares that it would have passed this Ordinancel
and every section, subsection, sentence, clause or phrase thereof
irrespective of the fact that any one or more sections, subsections,
isentences, clauses or phrases be declared unconstitutional or�
I invalid.
ISection 6. Effective Date and Publication. The Ordinance shall become I
effective thirty (30) days from the date of final 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 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 19th day of November, 2019 by the following
AYES: Supervisors Connelly, Lucero, Ritter, Teeter, and Chair Lambert
IN013FINIMOMM
ABSENT: None
NOT VOTING: None J$
STEVEEV4Chair
-4p
Butte County Board of Supervisors
ATTEST:
SHARI MCCRACKEN, Chief Administrative Officer
and Clerk of the Board
By:
Deputy
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