HomeMy WebLinkAbout41971
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Ordinance No. 4197
AN ORDINANCE OF THE COUNTY OF BUTTE REPEALING AND REPLACING SECTION
24-172, ENTITLED "SECOND UNITS AND ACCESSORY DWELLING UNITS," OF
CHAPTER 24, ENTITLED "ZONING ORDINANCE," OF THE BUTTE COUNTY CODE,
AS WELL AS AMENDING NUMEROUS OTHER SECTIONS FOR CONSISTENCY
The Board of Supervisors of the County of Butte ordains as
follows:
Section 1. Section 24-172 is repealed and replaced to read as
follows:
Section 24-172 Accessory Dwelling Units and Junior Accessory
Dwelling Units.
A. Purpose. This section establishes standards for the location and
construction of accessory dwelling units and junior accessory
dwelling units in conformance with Section 65852.2 and Section
65852.22 of the California Government Code. These standards are
intended to allow for accessory dwelling units as an important
form of affordable housing while preserving the character and
integrity of residential areas within the county and maintaining
public safety.
B. Permit Process. An accessory dwelling unit or a junior accessory
dwelling unit shall be allowed, after obtaining a building permit,
wherever a single-family or multi -family dwelling is allowed,
with certain limitations specified below.
C. Location.
1. Zones Allowing Single -Family and Multi -Family Dwellings.
Accessory dwelling units are allowed on any parcel that
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contains a primary residence, and junior accessory dwelling
units are allowed within single-family dwellings on parcels
zoned for single-family dwellings, with the restrictions set
forth below.
2. Restrictions. There are additional standards to be met when
obtaining a building permit for an accessory dwelling unit or
a junior accessory dwelling unit in the State Responsibility
Area related to Fire Hazard Reduction and Defensible Space and
in the Agricultural Buffer Area, both of which are more fully
described below. An accessory dwelling unit or a junior
accessory dwelling unit shall not be allowed on a parcel
subject to a Williamson Act contract or located in the Timber
Production Zone.
3. State Responsibility Area. The State Responsibility Area is an
area identified by the California Department of Forestry and
Fire Protection (CalFire) as being subject to more severe
fires. CalFire has imposed setbacks for this area that are
intended to lessen the impact of fire. Butte County has been
particularly hard hit by fires, especially most recently the
Camp Fire which destroyed approximately 14,000 homes and
killed 85 individuals. Requiring greater setbacks in this area
for fire hazard reduction and for defensible space will lessen
the impact of future fires which is vital to the health and
safety of Butte County residents.
4. Agricultural Buffer Area. The Agricultural Buffer Area is an
area composed of parcels zoned Agriculture, as well as the 300
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feet adjoining parcels zoned Agriculture located on parcels
not zoned Agriculture. The area is identified in the Zoning
Ordinance, Article 17, Agricultural Buffers. The area
identifies where residents may be negatively impacted by
agricultural activities, including dust, odors, and the
spraying of pesticides. The area is intended to lessen the
impact of agricultural activities on nearby residents in order
to protect the health and safety of those residents by imposing
a buffer (setback) that is greater than setbacks imposed in
non -Agriculture zones.
D. Site Requirements.
1. Accessory dwelling units and junior accessory dwelling units',
shall be permitted only on legally --created parcels.
2. Accessory dwelling units and junior accessory dwelling units
that conform to this chapter shall be deemed to be an accessory
use or an accessory structure and shall not be considered to
exceed the allowable density for the parcel upon which it is
located, and shall be deemed to be a residential use that is
consistent with the existing general plan and zoning
designations for the parcel.
3. A local agency, special district or water corporation shall
not impose any impact fee upon the development of an accessory
dwelling unit or a junior accessory dwelling unit that is less
than 750 square feet. Any impact fee charged for an accessory
dwelling unit of 750 square feet or more shall be charged
proportionately in relation to the square footage of the
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primary dwelling unit. Additional restrictions on imposing
impact fees on accessory dwelling units or junior accessory
dwelling units are set forth in Government Code Section
65852.2(f).
4. Guest houses shall be excluded from the requirements of this
section and shall be regulated pursuant to Section 24-156(g)
(Accessory Uses and Structures).
5. Accessory dwelling units and junior accessory dwelling units
that comply with all requirements of this section are permitted
on a parcel containing a guest house.
E. Accessory Dwelling Unit Types and Sizes
1. Junior Accessory Dwelling Unit: A unit that meets the
definition of California Government Code Section
65852 .22 (h) (1) .
2. Accessory Dwelling Unit: A unit that meets the definition of
California Government Code Section 65852.2(j)(1).
F. Maximum Number Permitted.
1. For a parcel with one (1) single-family dwelling, one (1)
accessory dwelling unit, either attached or detached, or, if
the parcel is also zoned for single-family dwellings, one (1)
junior accessory dwelling unit is allowed. If a parcel already
contains two (2) or more single-family dwelling units, with
one of the units being constructed in 1995 or later under Butte
County's Second Dwelling Unit Ordinance, and is located in a
zone that only allows one (1) single-family dwelling unit, the
parcel already contains an accessory dwelling unit, and an
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additional accessory dwelling unit or junior accessory
dwelling unit is not allowed.
2. For a parcel with a multi -family dwelling, two (2) detached
accessory dwelling units, as well as multiple conversions of
areas of the multi -family dwelling that are not used as livable
space, are allowed.
3. Agricultural Worker Housing approved by the State of
California and Butte County shall not be considered an
accessory dwelling unit or counted as a primary dwelling unit
under this section.
G. Relationship to Primary Dwelling.
1. Accessory dwelling units and junior accessary dwelling units
cannot be sold separately from the primary dwelling.
2. The owner of the parcel with a junior accessory dwelling unit
shall reside in either the primary dwelling or the junior
accessory dwelling unit pursuant to California Government Code
Section 65852.22 (a) (2) .
3. An accessory dwelling unit may be within, attached to, or
detached from the primary dwelling, while a junior accessory
dwelling unit shall be located within a single --family
dwelling. An accessory dwelling unit shall have its own
kitchen, bathroom facilities, and entrance separate from the
primary dwelling, while a junior accessory dwelling unit may
have separate sanitation facilities or share them with the
primary dwelling.
H. Development Standards.
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1. Standards. The standards for development are as set forth in
the Zoning Ordinance and the Building Code, unless they are
modified below. There is no limit on the size of an accessory
dwelling unit.
2. Sewage Disposal and Potable Water Requirements. The accessory
dwelling unit shall have adequate sewage disposal facilities,
and potable water facilities, as determined by the Butte County
Environmental Health Division.
3. Setbacks. The setbacks established in the Zoning Ordinance are
applicable, with the following exceptions:
a. There is no setback for the conversion of an existing
structure, without expanding the external boundary of the
structure, to an accessory dwelling unit;
b. If an accessory dwelling unit is constructed outside of an
existing building, the setback from the side and rear lot
lines, as required by state law, is four (4) feet;
c. In the State Responsibility Area, the side and rear setback
shall be large enough to accommodate the required
defensible space in an effort to ensure public safety,
which ranges from thirty ( 30 ) to one hundred (100 ) feet,
as specified in state law; and
d. In the Agricultural Buffer Area, the setback from the
boundary of any parcel zoned Agriculture is three hundred
(300) feet in an effort to ensure public safety. On parcels
located in the Agricultural Buffer Area, a detached
accessory dwelling unit shall be located in close proximity
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to the primary dwelling unit.
4. Parking. Parking requirements are established as follows:
a. A maximum of 1 space per bedroom or per accessory dwelling
unit shall be required, whichever is less. Parking spaces,
may be provided in tandem on a driveway, and within setback
areas.
b. Junior accessory dwelling units are not required to provide
parking.
C. When a garage, carport, or covered parking structure is
demolished in conjunction with the construction of an
accessory dwelling unit or converted to an accessory
dwelling unit, those offstreet parking spaces shall not be
replaced.
d. Parking standards for an accessory dwelling unit shall not
be imposed in any of the following instances:
i. The accessory dwelling unit is located within one-half
mile walking distance of public transit.
ii. The accessory dwelling unit is located within an
architecturally and historically significant historic
district.
iii. The accessory dwelling unit is part of the proposed or
existing primary residence or an accessory structure.
iv. When on -street parking permits are required but not
offered to the occupant of the accessory dwelling unit.
V. When there is a car share vehicle located within one
block of the accessory dwelling unit.
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5. Fire Hazard Reduction and Defensible Space Regulation.
a. State Responsibility Area. Accessory dwelling units built
within the State Responsibility Area are required to comply
with the defensible space regulations found in California
Code of Regulations, Title 14. Natural Resources, Division'
1.5. Department of Forestry and Fire Protection, Chapter
7. Fire Protection, Subchapter 2. SRA Fire Safe
Regulations, Article 5. Fuel Modification Standards,
Section 1276.01. Setback for Structure Defensible Space,
and Subchapter 3. Fire Hazard, Article 3. Fire Hazard
Reduction Around Buildings and Structures.
b. Fire Sprinklers. Outside of the State Responsibility Area,
fire sprinklers shall not be required unless they are
required in the primary residence. In the State
Responsibility Area, fire sprinklers shall be required for
all new construction.
6. Drainage Improvements. Construction of an accessory dwelling
unit may require drainage improvements that are customary for
a building permit. The extent and timing of the improvements
shall be determined by the Department of Public Works and shall
conform to the technical standards and specifications for
drainage improvements as adopted by the Board of Supervisors
7. Rental Term. The rental term for an accessory dwelling unit or
a junior accessory dwelling unit is the same as for the primary
dwelling.
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I. Deed Restrictions. Before obtaining a building permit
authorizing the establishment of an accessory dwelling unit or a
junior accessory dwelling unit, the applicant shall do the
following:
1. Enter into an agreement of restrictions with the county that
refers to the deed under which the property was acquired by
the applicant and provides the following:
a. The accessory dwelling unit or junior accessory dwelling
unit shall not be sold separately.
b. The restrictions are binding upon any successor in
ownership of the property and lack of compliance may
result in legal action by the county against the property
owner.
2. Record the agreement with the county recorder.
3. Prepare a disclosure statement that shall be included in any
future offer or sale documents. The statement shall read as
follows:
"You are purchasing a property with a permit
for an (junior) accessory dwelling unit. This
permit carries with it certain restrictions
that must be met by the owner of the property.
You are prohibited from selling the (junior)
accessory dwelling unit separately. The permit
is available from the current owner or from
the Butte County Department of Development
Services."
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Section 2. Subsection 24-46(D) is amended to read as follows:
Section 2446 Watershed protection overlay zone.
D. Land Use Regulations. Permitted and conditionally permitted
uses in the -WP overlay zone are the same as the base zone,
except as specified below.
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. Accessory dwelling units and any new, modified, or
expanded sewage disposal systems proposed within the -WP
overlay zone shall require an erosion and sediment
control plan.
5. Clustered development as allowed by Article III,
Division 8 (Clustered Development) shall be prohibited
within the -WP overlay zone.
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�ISection 3. Subsection 24-172.1(I)(1) is amended to read as follows:
�ISection 24-172.1 Butte County short-term rental ordinance
I. 1. Accessory Dwelling Units. Both a single-family dwelling
that is a primary residence and an accessory dwelling unit
on the same parcel may be permitted as a short-term rental.
The administrative permit shall identify each of the units
permitted as short --term rentals.
Section 4. Subsection 24-174(F) is deleted and reserved:
Section 24-174 Temporary Uses.
F. [Reserved]
Section 5. Section 24-304 is amended: to add the definition of I
"Accessory Dwelling Unit;" to amend the definition of "Accessory
Kitchen;" to add the definition of "Junior Accessory Dwelling Unit;"
and to repeal the definition of "Second Units and Accessory Dwelling
Units" as follows:
Section 24-304 Definitions.
Accessory Dwelling Unit. A unit that meets the definition of
California Government Code Section 65852.2(j)(1). The requirements
for an accessory dwelling unit are found in Section 24-172.
Accessory Kitchen. A second kitchen that is either attached to or
detached from the primary dwelling, not associated with an
accessory dwelling unit, and is used for entertaining, hobby, or
used for commercial purposes related to a Home Occupation.
Junior Accessory Dwelling Unit. A unit that meets the definition of
California Government Code Section 65852.22(h)(1). The requirements
for a junior accessory dwelling unit are found in Section 24-172.
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Section 6. Section 3-12 is amended to read as follows:
Section 3-12 - Definitions.
Unless the contrary is stated or clearly appears from the
context, the following definitions shall govern the construction
of the words and phrases used in this article:
(a) "Single -Family Home" is as defined in Butte County Code
Section 24-304 and includes Duplex Home as defined in Butte
County Code Section 24-304, as well as pre -fabricated
homes. It also includes Accessory Dwelling Units as defined
in Butte County Code Section 24-304, but not Guest House as
defined in Butte County Code Section 24304.
(b) "Multiple -Family Housing" is as defined in Butte County Code
Section 24-304.
(c) "Mobile Home" is as defined in Butte County Code Section 24-
304 and includes modular home, as well as Manufactured
Housing as defined in Butte County Code Section 24-304.
(d) "Chargeable space" shall mean all of the covered and
enclosed space determined to be within the perimeter of a
commercial, industrial, office or school structure, not
including any parking structure. The determination of the
chargeable space, to be expressed in the number of square
feet, shall be made by the Building Division of the
Development Services Department of the County, in
accordance with the standard practice of the County.
(e) "Development" shall mean any project undertaken for the
purpose of development, and includes a project involving
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the issuance of a permit for construction or
reconstruction, but not a permit to operate.
(f) "Dwelling unit" shall mean any building or mobile home, or
portion thereof, used or designed for use as a residence by
an individual or any group of individuals living together
as a family.
(g) "More intensive use" shall mean a land use on a particular
parcel of real property or any part thereof which, as
compared to the previous land use, involves: more
residents, employees, students, occupants, participants or
other persons onsite; the generation of more vehicular
traffic to and from the site; or any condition or
combination of conditions which create a greater need for
jail facilities.
Section 7. The Subsections listed below are amended or deleted as
specified below to make certain terms consistent as follows:
• Subsection 3-17(d): Delete the subsection;
• Subsection 3-173(c)(1): Replace "second units" with "accessory
dwelling units;"
• Subsection 3-178(d): Delete the subsection;
• Subsection 3-192(c)(1): Replace "second units" with "accessory
dwelling units;"
• Subsection 3-197(d): Delete the subsection;
• Subsection 3-211(c)(1): Replace "second units" with "accessory
dwelling units;"
• Subsection 3-216(d): Delete the subsection;
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• Subsection 3-230(c)(1): Replace "second units" with "accessory
dwelling units;"
• Subsection 3-235(d): Delete the subsection;
• Subsection 3-249(e)(1): Replace "second units" with "accessory
dwelling units;"
• Subsection 3-254(f): Delete the subsection;
• Subsection 3-268(c)(1): Replace "second units" with "accessory
dwelling units;"
• Subsection 3-273(f): Delete the subsection;
• Subsection 3-292(c)(1): Replace "second units" with "accessory
dwelling units;"
• Subsection 3-297(d): Delete the subsection;
• Subsection 3-312(c)(1): Replace "second units" with "accessory
dwelling units;"
• Subsection 3-317(d): Delete the subsection;
• Subsection 19--3(L): Replace "primary and secondary dwelling" with
"primary residence and an accessory dwelling unit"
• Subsection 19-7(A)(4)(g): Replace "secondary dwelling" with
"accessory dwelling unit;"
• Subsection 20-133(e)(2)(c): Replace "a second dwelling" with "an
accessory dwelling unit;"
• Subsection 20-133(e)(2)(f): Replace "a second dwelling unit" with
"an accessory dwelling unit;"
• Subsection 24-12(A): Delete "second unit and;"
• Subsection 24-13(A) Table 24-13-1: Delete "Second Units and" from
the list of Residential Uses;
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• Subsection 24-13(A) Note [4]: Replace "a second dwelling" with
"an accessory dwelling unit" and replace "Second units and
accessory" with "Accessory;"
• Subsection 24-14(A) Note [2]: Replace "Second Units and
accessory" with "Accessory;"
Is Subsection 24-16(A) Table 24-16-1: Delete "Second Units and" from
the list of Residential Uses;
I• Subsection 24-18(A): Replace "a second unit and" with "an;"
• Subsection 24-18(B): Replace "a second unit and" with "an;"
• Subsection 24-18(C): Replace "a second unit and" with "an;"
• Subsection 24-18(D): Replace "a second unit and" with "an;"
• Subsection 24-18(E): Delete "second units and;"
• Subsection 24-18(F): Delete "second units and;"
• Subsection 24-18(G): Delete "second units and;"
• Subsection 24-18(H): Delete "second units and;"
• Subsection 24-18(1): Delete "second units and;"
• Subsection 24-18(J): Delete "second units and;"
• Subsection 24-18(K): Delete "second units and;"
• Subsection 24-19(A) Table 24-19-1: Delete "Second Units and" from
the list of Residential Uses;
• Subsection 24-19(A) Note [6]: Replace "a second dwelling" with
"an accessory dwelling unit;"
• Subsection 24-20(B) Note [2]: Replace "Second units and
accessory" with "Accessory;"
• Subsection 24-20(B) Note [3]: Replace "second unit" with
"accessory dwelling unit;"
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I• Subsection 24-22(A) Table 24-22-1: Delete "Second Units and" from
the list of Residential Uses;
I• Subsection 24-26(A): Delete "Second Units and" from the list of
Residential Uses;
• Subsection 24-29(B) Table 24-29-1: Delete "Second Units and" from
the list of Residential Uses;
• Subsection 24-93(B)(1) Table 24-93-1: Delete "Second Units and"
from the list of Residential Uses;
j• Subsection 24-172.1(G)(2): Replace "second unit" with "accessory
dwelling unit;"
• Subsection 26-64(c): Delete "Second dwellings and accessory" and
replace with "Accessory;"
Section 8. CEQA. The Board of Supervisors adopts a CEQA Guidelines
Section 15061(b)(3) "Common Sense" exemption. The California State
Legislature amended Government Code Section 65852.2 and specified
in subdivision (b) "When a local agency that has not adopted an
ordinance governing accessory dwelling units in accordance with
subdivision (a) receives an application for a permit to create an
accessory dwelling unit pursuant to this subdivision, the local
agency shall approve or disapprove the application ministerially
without discretionary review pursuant to subdivision (a)." Since
Section 65852.2 was amended, Section 24-172, "Second units and
accessory dwelling units" has not been adopted in accordance with
subdivision (a) of Section 65852.2 requiring Butte County to amend
it to make it conform to State Law. The proposed Ordinance modifies
existing Butte County rules on second dwellings and accessory
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dwelling units to incorporate State Law provisions that would have
applied whether Butte County had a local regulation on accessory
dwelling units or not. Butte County is not adopting any rules that
were not already in effect under State Law or existing County
Codes. It can be seen with certainty that the adoption of this
Ordinance does not change existing law by either increasing or
decreasing the regulations concerning accessory dwelling units and,
therefore, there is no potential for causing a significant effect
on the environment.
Section 9. 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
Ordinance which can be given effect without the invalid provision or
application thereof.
Section 10. 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 1211,
day of January, 2021
by the
following
vote:
AYES: Supervisors Lucero, Ritter, Kimmelshue, Teeter, and Chair
Connelly
NOES: None
ABSENT: None
ABSTAIN: None
Bill Connelly, Cloir
Butte County Board of Supervisors
ATTEST:
Andy Pickett, Chief Administrative Officer
and Clerk of the Board
/17
By:
Deputy
m