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Ordinance No. 4189
AN ORDINANCE OF THE COUNTY OF BUTTE AMENDING BUTTE COUNTY CODE
CHAPTER 24, ZONING ORDINANCE, BY AMENDING THE BUTTE CREEK CANYON
OVERLAY ZONE (-BCC) AND WATERSHED PROTECTION OVERLAY ZONE (-WP)
The Board of Supervisors of the County of Butte ordains as
follows:
Section 1. Section 24-34.1 is amended to read as follows:
Section 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 historical and
ecological foundation of Butte Creek Canyon, including the survival
of endangered wild salmon, 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 primary dwelling, as allowed by the
base zone, to the extent that it cannot be permitted, the Director
of Development Services shall determine a feasible and appropriate
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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 Indus -trial
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 nonconforming uses and structures shall comply
with this chapter and Butte County Code Chapter 24, Article
22. Nonconforming Uses and Structures.
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 real property
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within 300 feet of the exterior boundary of the parcel that is
the subject of the hearing, 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:
i. Vegetation removal required to comply with
defensible space requirements set forth in Public
Resources Code Section 4290 (Fire Safety
Regulations).
ii. Removal of dead, dying, diseased, or hazard
trees.
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iii. Fuel breaks and fuel reduction consistent with
projects undertaken by local Fire Safe Councils or
other public and non-profit entities.
iv. Routine agricultural grading as defined under
Chapter 13, Article 1. Grading, Section 13 5 (g).
V. Projects relating to the installation,
maintenance, or repair of a public utility.
vi. Projects undertaken in compliance with a
Streambed Alteration Permit approved by the
California Department of Fish and Wildlife.
vii. Non-native and invasive plant eradication.
viii.Pedestrian walkways and trails.
3. Clustered Development. Clustered Development as allowed
by Chapter 24, Article 18, Clustered 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 locations (see below). In order
to preserve views of designated canyon ridgelines, development
on either side of designated canyon ridgelines shall comply
with the following minimum development standards:
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a. Ridgeline Setbacks:
i. Buildings less than 25 feet in height: A 100 -
foot building setback is required from either side
of the designated ridgeline.
ii. Buildings equal to or greater than 25 feet in
height: A 150 -foot building setback is required from
either side of the designated ridgeline.
iii. 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.
iv. Accessory decks, patios, and railings are not
subject to the ridgeline setback.
V. 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 obligation of
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the applicant to furnish the materials and plans
necessary, with the Administrative Permit application, to
facilitate review and compliance with these standards:
i. 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 landscaping, and/or
other means of horizontal and vertical articulation
to create changing shadow lines and break up massive
forms.
1. Colors and Materials. A mixture of
materials and color shall be used to blend
structures with the natural appearance of the
hillside.
2. 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.
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ii. Roofs. Roof pitches shall generally be placed
to follow the angle of the slope; but with
variations to avoid a monotonous appearance.
iii. 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 de -signed to blend with the
natural appearance of the hillside.
iv. 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 discretionary 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, cultural and archeological resources:
a. Nicholl Family Cemetery in Helltown
b. Boneyard Flat in Helltown
C. Centerville Schoolhouse
d. Centerville Cemetery
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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 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 activity
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 additional parcels
(exceeding amounts allowed under the November 6, 2012
Zoning Map) shall not be allowed, unless the Board of
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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 normal 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 development
within the -BCC Overlay Zone, impervious surfaces shall
be limited in accordance with the following standards:
i. Parcels 1 acre in size or greater. Impervious
surface shall not exceed 15 percent of the parcel's
total size.
ii. 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
> '/z acre —
< 1 acre
6,530 sq. ft.
> %3 acre —
< 12 acre
5,800 sq. ft.
>'/4 acre —
< %3 acre
4,900 sq. ft.
> 5,000 sq. ft.
— <'A acre
3,250 sq. ft.
iii. Road surfaces and other areas such as patios
and driveways shall not count as being impervious if
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they are surfaced with gravel or are finished with
pervious pavement or asphalt.
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 follows:
i. Perennial and intermittent rivers and streams,
as shown on the latest USGS 7.5 minute quad map: 100
lineal feet.
ii. Buffer distances shall be measured in
accordance with Chapter 24, Article 16 (Riparian
Areas), Section 24-77 A.
iii. 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 Per-mitted Uses, are prohibited within
vegetative buffer areas.
iv. Vegetation removal, as permitted under Section
24-34.1 (D) (2) (b) , is allowed.
d. Septic System and Portable Chemical Toilet Setbacks:
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i. Septic systems for new development shall be
setback a minimum of 200 feet from perennial and
intermittent rivers and streams, as shown on the
latest USGS 7.5 minute quad map.
ii. Minimum setback distances shall be measured in
accordance with Chapter 24, Article 16 (Riparian
Areas), Section 24-77 A.
iii. Repair or replacement of a septic system on
existing development that does not com-ply with the
200 -foot setback may be allowed if it is determined
by the Local Enforcement Agency that water quality
can be maintained.
iv. 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.
V. 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.
e. Erosion Control:
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a. 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,
residential 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 plan shall be prepared by a
professional civil engineer registered by the
State of California, or 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
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(during 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.
vii. Site work shall be limited to the
permitted development area, and shall preserve
natural topography and vegetation at the site
to the greatest possible extent.
E. Coordination with Other Regulatory Agencies. All required
permits from the California Department of Fish and Wildlife, the
California Department of Forestry and Fire Protection, the U.S.
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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 approval 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 supporting materials,
environmental documentation, and studies.
Section 2. Section 24-46 is amended to read as follows:
Section 24-46 Watershed Protection Overlay Zone
A. Purpose. The Watershed Protection (-WP) overlay zone is
intended to maintain and improve water quality by establishing
additional development standards within sensitive watershed areas.
B. Applicability.
1. The -WP overlay zone may be combined with any base zone.
2. Areas subject to the -WP overlay zone include the
Firhaven Creek watershed and the Paradise and Magalia
Reservoirs watershed, as shown on the Zoning Map.
C. Land Use Regulations. Permitted and conditionally permitted
uses in the -WP overlay zone are the same as the base zone, except
as specified below.
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1. Existing parcel sizes in the Firhaven Creek Watershed
shall be maintained. No further division of lots or parcels
shall be permitted.
2. Existing zoning shall be maintained within the Magalia
Reservoir, Paradise Reservoir, and Firhaven Creek Watersheds.
Rezoning to a smaller minimum parcel size is not allowed.
3. Prior to the approval of a rezoning or discretionary
permit application, the applicant shall demonstrate to the
satisfaction of the review authority that the cumulative
effects of additional sewage disposal and surface water runoff
resulting from the proposed action will not result in any
adverse impacts on the water quality of the watershed.
4. Second units and accessory dwelling units proposed within
the -WP overlay zone shall require the approval of a
Conditional Use Permit.
5. Clustered development as allowed by Article 18 (Clustered
Development) shall be prohibited within the -WP overlay zone.
D. Maximum Impervious Surface. For new development within the -
WP overlay zone, impervious surfaces shall not exceed 50 percent of
the total site area.
E. Vegetative Buffers.
1. Vegetative buffers shall be maintained on all sides of
water bodies in the -WP overlay zone as follows:
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a. Lakes and reservoirs: 200 lineal feet.
b. Perennial and intermittent rivers and streams: 100
lineal feet.
2. For rivers and streams, minimum buffer distances shall be
measured from the annual average stream bank.
3. All structures are prohibited within buffer areas.
4. Grading, excavation, removal of trees, the use of
fertilizers and pesticides, sewage disposal, and paving are
prohibited within buffer areas.
F. Septic System Regulations. Leach fields, septic tanks, and
chemical toilets shall be setback a minimum of 50 feet in addition
to the required vegetative buffer under Subsection F.1 above.
G. Erosion Control.
1. All driveways 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.
2. Erosion and sediment control plans shall not be required
for public utilities, residential 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.
3. An erosion and sediment control plan shall be approved by
the County prior to issuance of a building permit. The plan
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shall be developed by a professional civil engineer registered
by the State of California or by a Qualified Stormwater
Developer who holds the certification required by the CA Water
Quality Control Board's Construction General Permit 2009-009-
DWQ. The plan shall identify measures to prevent sediment and
other pollutant discharges from reaching watershed drainages
and streams, and shall address both interim (during
construction) and final (post construction) control measures.
4. 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.
5. All areas where land clearing has been completed between
April 1 and November 15 shall be revegetated, hydroseeded,
mulch protected, or otherwise stabilized no later than
December 1.
6. Site work shall preserve natural topography and
vegetation at the site to the greatest possible extent.
H. Timber Harvest. Timber harvesting permitted under a Less Than
Three -Acre Conversion Exemption approved by CAL -FIRE shall not be
conducted in the -WP overlay during the period from November 15 to
April 1.
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Section 3. CEQA. The Board of Supervisors adopts a CEQA Guidelines
Section 15061 (b) (3) "Common Sense" exemption. The proposal poses
Ino significant impact on the environment and there is no potential
for negative impacts to the environment. The proposal has been
reviewed by the Department of Public Works and the Department of
Development Services and determined that the amendments to the
Zoning Ordinance do not negatively affect the efficacy to mitigate
potential erosion impacts within the -BCC and -WP overlay zones.
There will be no additional environmental impacts: by allowing a
Qualified Stormwater Developer to perform the Erosion Control
Plans; by eliminating the Administrative Permit requirement because
the Administrative Permit standards are found in Code and imposed
at the Building Permit level; or by exempting certain additions and
accessory structures in the -WP zone (in alignment with existing
regulations of the -BCC zone). This exemption does not eliminate
all erosion and topsoil protections. This exemption does not
eliminate California State Green Building Code standards that
implement certain erosion control measures.
Section 4. Severability. If any provision of this Ordinance or the
application thereof to any person or circumstances is for any reason
held to be invalid by a court of competent jurisdiction, such
provision shall be deemed severable, and the invalidity thereof shall
not affect the remaining provisions or other applications of the
W.
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Ordinance which can be given effect without the invalid provision or
application thereof.
Section 5. Effective Date and Publication. This Ordinance shall take
effect thirty (30) days after the date of its 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.
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PASSED AND ADOPTED by the Board of Supervisors of the County of Butte,
State of California, on the 27th day of October, 2020 by the following
AYES: Supervisors Connelly, Lucero, Ritter, and Chair Lambert
NOES: None
ATTEST:
ANDY PICKETT, Chief Administrative Officer
and Clerk of the Board
By:
DepuW
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