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HomeMy WebLinkAboutZCA20-0006 BCC Overlay Zone Amendment_DRAFT24-34.1 OVERLAY ZONES 78 D. Actions Requiring Airport Land Use Commission (ALUC) Review. 1. Prior to final action by the County, the Department of Development Services shall submit to the ALUC application materials for the following proposed land use actions: a. General Plan amendments affecting land located within the -AC overlay zone. b. Specific plans or specific plan amendments affecting land located within the -AC overlay zone. c. Zoning Ordinance or Building Code amendments affecting land located within the -AC overlay zone. 2. For proposed land use actions requiring ALUC review, the County shall consider ALUC com- ments, if available, at a public hearing prior to taking final action on the application. If the ALUC finds that the proposed land use action conflicts with the Butte County Airport Land Use Compat- ibility Plan, the County may approve the application and overrule the ALUC only as specified in Public Resources Code Section 21676. 24-34.1 Butte Creek Canyon Overlay Zone A. Purpose: The Butte Creek Canyon (-BCC) Overlay Zone preserves and protects the uniquely valuable qualities of Butte Creek Canyon which is a significant resource of Butte County. The purpose of the – BCC Overlay Zone is to facilitate the protection and preservation of the scenic resource and the histor- ical and ecological foundation of Butte Creek Canyon, including the survival of endangered wild salm- on, steelhead and other sensitive plants and animals such as the East Tehama Deer herd, preservation of historical sites and ecological preserves, and the optimum balance of recreation and residential use. B. Administrative Relief. If the application of the –BCC Overlay Zone inhibits development of a prima- ry dwelling, as allowed by the base zone, to the extent that it cannot be permitted, the Director of De- velopment Services shall determine a feasible and appropriate building site based upon existing site constraints and the –BCC Overlay Zone’s land use development standards. C. Applicability: 1. The –BCC Overlay Zone applies to the Butte Creek Canyon area, as shown by the –BCC Overlay Zone Map. 2. The –BCC Overlay Zone may be combined with any base zone except the AG-160 (Agriculture, 160-acre minimum parcel size), TM (Timber Mountain), TP (Timber Preserve), and Industrial zones. The –BCC Overlay Zone may be applied to any future rezone of an AG-160, TM, TP, or Industrial zone in the Butte Creek Canyon area. 3. The –BCC Overlay Zone shall not require changes to existing legal uses and structures, or cause such structures or uses to become nonconforming. Any expansion or modification of noncon- forming uses and structures shall comply with this chapter and Butte County Code Chapter 24, Article 22. Nonconforming Uses and Structures. DRAFT OVERLAY ZONES 24-34.1 79 D. Land Use and Development Standards: 1. Public Hearings and Noticing. When a public hearing is required in accordance with the Butte County Zoning Ordinance, in addition to the requirements set forth under Chapter 24, Article 36, Public Notice and Hearings, which requires notice of the hearing to be mailed to all owners of re- al property within 300 feet of the exterior boundary of the parcel that is the subject of the hear- ing, public notice shall also be provided by email to all interested parties through a list maintained by the Department of Development Services. 2. Hillside Development Standards. This section does not apply to operations subject to the State Forest Practices Act or State Forest Practice Rules. a. Slope. Development in areas with a slope of greater than 15 percent shall be permitted only when an alternative Development Area with a slope of less than 15 percent is not available on the parcel, or as otherwise permitted by the Director of Development Services pursuant to Section 24-34.1 B. Administrative Relief. b. Vegetation Removal. Removal of living and healthy vegetation outside of a Development Area as defined in Chapter 24, Article 42 (Glossary) shall not be permitted, except under the following circumstances: 1. Vegetation removal required to comply with defensible space requirements set forth in Public Resources Code Section 4290 (Fire Safety Regulations). 2. Removal of dead, dying, diseased, or hazard trees. 3. Fuel breaks and fuel reduction consistent with projects undertaken by local Fire Safe Councils or other public and non-profit entities. 4. Routine agricultural grading as defined under Chapter 13, Article 1. Grading, Sec- tion 13-5 (g). 5. Projects relating to the installation, maintenance, or repair of a public utility. 6. Projects undertaken in compliance with a Streambed Alteration Permit approved by the California Department of Fish and Wildlife. 7. Non-native and invasive plant eradication. 8. Pedestrian walkways and trails. 3. Clustered Development. Clustered Development as allowed by Chapter 24, Article 18, Clus- tered Development, shall be prohibited. 4. Butte Creek Canyon Ridgeline Development. The specific canyon ridgelines subject to this section are shown on the –BCC Overlay Zone Exhibit. Ridgelines on the –BCC Overlay Zone Map are shown in their approximate location. A site review is required to determine specific loca- tions (see below). In order to preserve views of designated canyon ridgelines, development on ei- ther side of designated canyon ridgelines shall comply with the following minimum development standards: a. Ridgeline Setbacks: 1. Buildings less than 25 feet in height: A 100-foot building setback is required from either side of the designated ridgeline. 2. Buildings equal to or greater than 25 feet in height: A 150-foot building setback is re- quired from either side of the designated ridgeline. DRAFT 24-34.1 OVERLAY ZONES 80 3. Walls and fences pursuant to Chapter 24, Article 13, Walls and Fences: A 100-foot building setback is required from either side of the designated ridgeline. 4. Accessory decks, patios, and railings are not subject to the ridgeline setback. 5. The specific location of the designated canyon ridgeline shall be determined through an on- site review by the Department of Development Services. b. Alternative Building Design Standards. As an alternative to the Ridgeline Setbacks as set forth under this section, the following Building Design Standards shall be required through an Administrative Permit. The Building Design Standards as set forth shall be approved by the Director of Development Services during Administrative Permit review. It is the obliga- tion of the applicant to furnish the materials and plans necessary, with the Administrative Permit application, to facilitate review and compliance with these standards: 1. Exterior Wall Surfaces. The apparent size of exterior wall surfaces visible from off the site shall be minimized through the use of setbacks, overhangs, roof pitches, native land- scaping, and/or other means of horizontal and vertical articulation to create changing shadow lines and break up massive forms. i. Colors and Materials. A mixture of materials and color shall be used to blend struc- tures with the natural appearance of the hillside. ii. Based upon the graphic principle that darker colors are less noticeable than light colors, darker tones, including earth tones shall generally be used for building walls and roofs on highly visible sites so that buildings and exterior finishes appear to blend in with the natural terrain. 2. Roofs. Roof pitches shall generally be placed to follow the angle of the slope; but with variations to avoid a monotonous appearance. 3. Support Structures. Support structures (for example, columns, pilings, etc.) below the lowest floor on the downhill side of a house shall be enclosed or colored and designed to blend with the natural appearance of the hillside. 4. Any additional standards proposed by the applicant that would mitigate visual impacts to the ridgeline as determined by the Director of Development Services. 5. Historic, Cultural, and Archeological Sites. Prior to any building permit issuance or discre- tionary approval at the following recognized sites, the Department of Development Services shall consult with the California Historical Resources Information System (Northeast Information Center) at CSU Chico for recommendations and mitigations necessary to preserve historic, cul- tural and archeological resources: a. Nicholl Family Cemetery in Helltown b. Boneyard Flat in Helltown c. Centerville Schoolhouse d. Centerville Cemetery e. Honey Run Covered Bridge 6. Heavy Equipment Storage: a. Heavy equipment storage yards in the FR (Foothill Residential) and RR (Rural Residential) zones shall be setback 100 feet from County roads and screened to prevent view from the DRAFT OVERLAY ZONES 24-34.1 81 road through the use of a wall, fence or vegetation. Walls and fences used for this purpose shall comply with Butte County Code Chapter 24, Article 13. Walls and Fences. 7. Outdoor Lighting: a. All outdoor lighting shall be regulated using the same standards as set forth under Butte County Code Chapter 24, Article 14. Outdoor Lighting. b. Outdoor lighting shall use full cut-off fixtures directing lighting to buildings and outdoor ac- tivity areas, shielding off-site areas and the night sky. 8. Watershed Protection. This section does not apply to operations subject to the State Forest Practice Act or State Forest Practice Rules. a. Land Use Regulations. Zoning amendments that propose to allow for the creation of ad- ditional parcels (exceeding amounts allowed under the November 6, 2012 Zoning Map) shall not be allowed, unless the Board of Supervisors, through its police powers, acts to amend this section of the Zoning Ordinance to allow such zoning amendments. b. Maximum Impervious Surface. Impervious surfaces are those surfaces that prevent nor- mal water infiltration and/or cause runoff to other areas, such as asphalt, concrete, and structures (surfaces that are 100 percent impermeable to water percolation). For new devel- opment within the –BCC Overlay Zone, impervious surfaces shall be limited in accordance with the following standards: 1. Parcels 1 acre in size or greater. Impervious surface shall not exceed 15 percent of the parcel’s total size. 2. Parcels less than 1 acre in size, see Table 24-34.1-1 below. TABLE 24-34.1-1 MAXIMUM IMPERVIOUS SURFACE FOR PARCELS LESS THAN 1-ACRE IN SIZE Parcel Size Maximum Impervious Surface > ½ acre – < 1 acre 6,530 sq. ft. > ⅓ acre – < ½ acre 5,800 sq. ft. > ¼ acre – < ⅓ acre 4,900 sq. ft. > 5,000 sq. ft. – < ¼ acre 3,250 sq. ft. 3. Road surfaces and other areas such as patios and driveways shall not count as being im- pervious if they are surfaced with gravel or are finished with pervious pavement or as- phalt. c. Vegetative Buffers. In addition to the requirements set forth under Chapter 24, Article 16 (Riparian Areas), vegetative buffers shall be maintained on all sides of water bodies as fol- lows: 1. Perennial and intermittent rivers and streams, as shown on the latest USGS 7.5 minute quad map: 100 lineal feet. 2. Buffer distances shall be measured in accordance with Chapter 24, Article 16 (Riparian Areas), Section 24-77 A. DRAFT 24-34.1 OVERLAY ZONES 82 3.All structures, grading, excavation, removal of trees, use of fertilizers and pesticides, sewage disposal, and paving, excepting those uses set forth under Article 16 (Riparian Areas) Section 24-78 A. Permitted Activities, and Section 24-78 B. Conditionally Permit- ted Uses, are prohibited within vegetative buffer areas. 4.Vegetation removal, as permitted under Section 24-34.1 (D) (2) (b), is allowed. d.Septic System and Portable Chemical Toilet Setbacks: 1.Septic systems for new development shall be setback a minimum of 200 feet from per- ennial and intermittent rivers and streams, as shown on the latest USGS 7.5 minute quad map. 2.Minimum setback distances shall be measured in accordance with Chapter 24, Article 16 (Riparian Areas), Section 24-77 A. 3.Repair or replacement of a septic system on existing development that does not comply with the 200-foot setback may be allowed if it is determined by the Local Enforcement Agency that water quality can be maintained. 4.If no other feasible alternative exists, a 100-foot septic system setback may be allowed for new development if it is determined by the Local Enforcement Agency that water quality can be maintained. 5.Portable Chemical toilets for temporary use at construction sites or for special events shall be setback a minimum of 200 feet from perennial and intermittent rivers and streams. di.Erosion Control: 1.An erosion and sediment control plan, pursuant to Butte County Code Section 13-10, shall be approved by the County prior to issuance of a building permit and subject to the following additional requirements and building standards: i.Erosion and sediment control plans shall not be required for public utilities, residen-tial additions that are less than 25 percent of the size of the original structure, or permitted accessory uses and structures defined under Butte County Code Section 24-156. ii.The erosion and sediment control plan shall be developed by a professional civil en-gineer registered by the State of California. The plan shall be prepared by a Qualified Stormwater Developer who holds the certification required by the CA Water Quality Control Board’s Construction General Permit 2009-009-DWQ. iii.The plan shall identify measures to prevent sediment and other pollutant discharges from reaching watershed drainages and streams, and shall address both interim (dur-ing construction) and final (post construction) erosion control measures. iv.All driveways proposed for new home sites shall be surfaced with at least two inches of Class 2 aggregate base, unless required by the County to be developed to a higher standard. v.Soil disturbance shall not be conducted during the rainy season (November 15 through April 1). The County may require financial security to ensure that control measures are implemented and maintained. vi.All areas where land clearing has been completed between April 1 and November 15 shall be re-vegetated, hydroseeded, mulch protected, or otherwise stabilized no later than December 1.DRAFT OVERLAY ZONES 24-35 83 vii. Site work shall be limited to the permitted development area, and shall preserve nat- ural topography and vegetation at the site to the greatest possible extent. E. Coordination with Other Regulatory Agencies. All required permits from the California Depart- ment of Fish and Wildlife, the California Department of Forestry and Fire Protection, the U.S. Army Corps of Engineers, the California State Regional Water Quality Control Board, the Central Valley Flood Protection Board, or other applicable agencies, including any permit required under an approved Habitat Conservation Plan, shall be obtained prior to, concurrently with, or as a condition of, the ap- proval of any County permits for development within the -BCC Overlay Zone. Evidence of approval or pending approval of any such permit shall be submitted to the County, including all appropriate sup- porting materials, environmental documentation, and studies. 24-35 Chapman Mulberry Overlay Zone A. Purpose. The Chapman Mulberry (-CM) overlay zone is intended to preserve and enhance the unique characteristics of the Chapman Mulberry neighborhood in a manner consistent with the Chapman Mulberry Neighborhood Plan. The -CM overlay zone identifies the areas where the goals, policies, and standards contained in the Chapman Mulberry Neighborhood Plan apply. B. Applicability. The -CM overlay zone applies to all parcels within the Chapman Mulberry area as shown on the Zoning Map. C. Land Use Regulations. All development in the -CM overlay zone shall comply with the provisions in the Chapman Mulberry Neighborhood Plan as adopted by the Board of Supervisors on January 25, 2000 (Resolution #00-12 and Ordinance #3579). Should the provisions of the Chapman Mulberry Neighborhood Plan and the Zoning Ordinance conflict, the Chapman Mulberry Neighborhood Plan shall control. 24-36 Cohasset Overlay Zone A. Purpose. The Cohasset (-CH) overlay zone establishes development standards and use regulations to ensure that development within the overlay zone is consistent with adopted policies and standards for the Cohasset Planning Area. The general intent of these standards and regulations is to preserve the foothill character of the area, protect sensitive natural resources, allow development in a manner con- sistent with environmental constraints, and protect persons and property from natural hazards related to development within foothill areas. B. Applicability. The -CH overlay zone applies to parcels within the boundaries of the Cohasset Plan- ning Area. C. General Requirements. All development within the -CH overlay zone shall comply with the Devel- opment Policies, Standards, and Implementation Measures for the Cohasset Planning Area as adopted by the Board of Supervisors on May 20, 1986 (Ordinance No. 2526). D. Land Use Regulations. Permitted and conditionally permitted uses in the -CH overlay zone shall be the same as the base zone. DRAFT