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Home My WebLink About42251 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Ordinance No. 4225 AN ORDINANCE TO AMEND CHAPTER 24, ARTICLE II ZONING DISTRICTS, LAND USES AND DEVELOPMENT STANDARDS OF THE BUTTE COUNTY ZONINING ORDINANCE TO PERMIT BY RIGHT, WITHOUT ADDITIONAL APPLICATION, FEE OR ENTITLEMENT, THE NEW "FAMILY DAYCARE HOME, LARGE" LAND USE WHEREVER RESIDENTIAL USES ARE PERMITTED, AND REMOVE FOOTNOTE (3) UNDER TABLE 24-13-1 UNDER THE EXISTING "CHILD DAY CARE, SMALL" LAND USE CATEGORY. AMEND CHAPTER 24, ARTICLE IV, DIVISION 1, SECTION 24- 159 CHILD CARE FACILITIES, REGARDING APPLICABILITY AND STANDARDS, AND CHAPTER 24, ARTICLE VII, DIVISION 1, SECTION 24-304 DEFINITIONS. The Board of Supervisors of the County of Butte ordains as follows: Section 1. Chapter 24, Article II is amended to read as follows: ARTICLE II OF CHAPTER 24 Agriculture (AG) Zone: Chapter 24, Article 2, Division 1: TABLE 24-13-1 PERMITTED LAND USES IN THE AGRICULTURE ZONES [...] 1 AG AS Home Occupations - Major M - Section 24-162 Home Occupations - Minor A - Section 24-162 Live/Work Unit - - Mobile Home Park - - Multiple -Family Dwelling - - 1 1 2 3' 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Residential Care Homes, Large - - Residential Care Homes, Small. P - Single -Family Home P [4] - Short -Term Rental A - Section 24--172.1 Community Uses Cemeteries, Private - - Cemeteries, Public - - Child Care Center - - Family Daycare Home, Large P - Section 24159 Family Daycare Home, Small. P - Section 24-159 Clubs, Lodges and Private Meeting Halls M [5] M [5] Community Centers - - Correctional Institutions and Facilities - - Cultural Institutions C - Emergency Shelter - - Golf Courses and Country Clubs - - Hospital - - Office, Governmental - - Outdoor Education P - 104 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Parks and Recreational. Facilities C C Public Safety Facilities C C 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Natural Resources Zones: Chapter 24, Article 2, Division 2: TABLE 24-16-1 PERMITTED LAND USES IN THE NATURAL RESOURCE ZONES [...] 4 TM TPZ RC Oil and Gas Extraction by means of Hydraulic Fracturing - - - Butte County Code 33B Timber Processing P P - Residential Uses Accessory Dwelling Units - - - Agricultural Worker Housing Center - - - Caretaker Quarters - - - Duplex Home - - - Home Occupations - Major M M [4] M Section 24-162 Home Occupations - Minor A A [4] A Section 24-162 Live/Work Unit - - - Mobile Home Park - - - Multiple -Family Dwelling - - - Residential Care, Large - - - Residential Care Homes, Small P P P 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Single -Family Home P P P Short -Term Rental A - - Section 24- 172.1 Community Uses Cemeteries, Private C C [4] [5] - Cemeteries, Public M M [4] [5] - Child Care Center - - - Family Daycare Home, Large P P P Section 24-159 Family Daycare Home, Small P P P Section 24-159 Clubs, Lodges and Private Meeting Halls - P [5] - Community Centers - - - 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Residential Zones: Chapter 24, Article 2, Division 3: n FR FC RR RC VLD VLDC LD MD MHD HD VHD R R R R R R R R R Home M M M M M M M M M M M Secti Occupatio on ns - 24 - Major 162 Home A A A A A A A A A A A Secti Occupatio on ns - 24 - Minor 162 Live/Work - - - - - - - - Unit Mobile - - - - - - - - C C C Secti Home Park on 24- 167 Multiple- - - - - - - - - P P P Family Dwelling Residenti - - - - M - M M M M M al Care Homes, Large n 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Residenti P P P P P P al Care Homes, Small Single- P P P P P P Family [6 [6 [6 [6 [6] [6] Home j ] ] ] Short- A A A A A - Term Rental Community Uses Cemeterie S' Private Cemeterie - - - - - - s, Public Child C - C - C - Care Center Family P P P P P P Daycare Home, Large 7 P TP IF IF IP' A A A - - Secti on 24- 172.1 C C C C C Secti on 24- 159 P P P P P Secti on 24- 159 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Family P P P P P P P P P P P Secti Daycare on Home, 24 - Small 159 Clubs, C C C C C - C C C C C Lodges and Private Meeting Halls Community C C C C C - C C C C C Centers TABLE 24-19-1 PERMITTED LAND USES IN THE RESIDENTIAL ZONES [... ] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Commercial and Mixed -Use Zones: Chapter 24, Article 2, Division 4: TABLE 24-22-1 PERMITTED LAND USES IN THE COMMERCIAL AND MIXED-USE ZONES [... I 9 GC NC CC REC SE MU Family Daycare Home, P P P - - P Section Large 24-159 Family Daycare Home, P P P - - P Section Small 24-159 Clubs, Lodges and P P P C P P Private Meeting Halls Community Centers C C C C P C Correctional - - - - - - Institutions and Facilities Cultural C C C C P C Institutions Emergency Shelter C C C - - C Golf Courses and P M C C P - Country Clubs Hospital - - - - - - Medical Offices and P P P - - P Clinic Office, Governmental. P P P - - P Outdoor Education - - P - - 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Parks and C C C C P C Recreational Facilities Public Safety C C C - - C Facilities Religious Facilities P P P - - P Schools, Public and C C C - C Private Water Ski Lakes - - - IC C - Commnercial Uses Adult Businesses - - - - - Agricultural Product - P P - - P Sales, Off -Site Agricultural Product - P P - - P Sales On -Site Agricultural Support - - - - - - Services, General 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Industrial Zones: Chapter 24, Article 2, Division 5: TABLE 24-26-1 PERMITTED LAND USES IN THE INDUSTRIAL ZONES [...] 11 LI GI HI Home Occupations - Major - - - Home Occupations - Minor - - - Live/work Unit M M - Section 24-164 Mobile Home Park - - - Multiple -Family Dwelling - - - Residential Care Homes, Large - - - Residential Care Homes, Small - - - Single -Family Home - - - Short -Term Rental - - - Community Uses Cemeteries, Private - - - Cemeteries, Public - - - Child Care Center - - - Family Daycare Home, Large - - - Family Daycare Home, Small - - - 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Clubs, Lodges and Private Meeting Halls C - - Community Centers - - - Correctional Institutions and Facilities - - - Cultural Institutions - - - Emergency Shelters P - - section 24-161 Golf Courses and Country Clubs - Hospital - - - Medical Office and Clinic - - - Office, Governmental - - - Outdoor Education - - - 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Special Purpose Zones: Chapter 24, Article 2, Division 6: TABLE 24-29-1 PERMITTED LAND USES IN THE SPECIAL PURPOSE ZONES [...] 13 PB AIR RBP Oil and Gas Extraction, - - - including reinjection wells for natural gas Oil and Gas Extraction, - - - Section 24 - storage or disposal of 167.1 Well ,Stimulation Byproducts Oil and Gas Extraction - - Butte County by means of Hydraulic Code 33B Fracturing Timber Processing - - - Residential Uses Accessory Dwelling - - - Units Agricultural Worker - - - Housing Center Caretaker Quarters - P [3] C [3] Duplex Home - - - Home Occupations - - - M Section 24-162 Major Home Occupations - - - A Section 24-162 Minor 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Live/Work Unit - - C [3] Section 24-164 Mobile Home Park - - - Multiple -Family Dwelling - - C [3] Residential Care Homes, Large - - C [3] Residential Care Homes, Small - - C [3] Single -Family Home - - C [3] Short -Term Rental - - - Community Uses Cemeteries, Private C - - Cemeteries, Public P - - Child Care Center C - P [4] Section 24-159 Family Daycare Home, Large - - - Family Daycare Home, Small - - - 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Section 2. Chapter 24, Article IV, Section 24-159 is amended to read as follows: 24-159 CHILD CARE FACILITIES A. Applicability. The standards in this section apply to Family Daycare Home; Small; Family Daycare Home, Large; and Child Care Centers as defined in Article 42 (Glossary). A Family Daycare Home, Small or Family Daycare Home, Large is where the daycare provider resides, and includes a dwelling or dwelling unit that is rented, leased, or owned. B. Location. Family Daycare Home, Small and Family Daycare Home, Large shall be permitted in any zone with a permitted residential use. Child Care Centers shall be permitted in zones as provided in Part 2 (Zoning Districts, Land Uses, and Development Standards). C. General Standards. The following standards apply to all types of family daycare homes and child care facilities. 1. Family Daycare Home, Small and Family Daycare Home, Large are permitted by right in any zone which permits a residential use provided in Part 2 (Zoning Districts, Land Uses, and Development Standards). 2. All required State licenses and permits shall be obtained or applied for prior to applying for a permit to operate a child care facility. No County permit shall be effective until satisfactory evidence has been provided to the County demonstrating that all necessary State licenses and permits have been obtained. 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 D. Family Daycare Homes. The following standard apply to small and large family daycare homes. 1. The facility shall be located in a dwelling unit that is the principal residence of the provider and the use shall be considered identical to a residential use of the property. F. Child Care Centers. The following standards apply only to child care centers. 1. If the child care center cares for fifteen (15) or more children in the facility at one (1) time, the operator shall notify the parents of all children. 2. The operator shall obtain the written consent of the property owner where the child care center is located. 3. Outside play areas shall be a minimum of seventy-five (75) square feet per child, excluding infants. 4. Child care centers located on principal or minor arterial roads as designated by the Department of Public Works shall provide drop-off and pick-up areas which prevent vehicles from backing onto such roads. 5. Properties proposed for child care centers shall have frontage on and access off a paved road. Roads that are constructed for the purpose of meeting this requirement shall be in conformance with the Butte County Improvement Standards. 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Section 3. Chapter 24, Article VII, Section 24-304 is amended to read as follows: 24-304 DEFINITIONS 24-304 Definitions. Family Daycare Home. A facility that regularly provides care, protection, and supervision for 14 or fewer children, in the provider's own home, for periods of .less than 24 hours per day, while the parents or guardians are away, and is either a large family daycare home or a small family daycare home. Family Daycare Home, Large. A facility that provides care, protection, and supervision for 7 to 14 children, including children under 10 years of age who reside at the home, as set forth in Section 1597.465 and as defined in regulations. Family Daycare Home, Small. A facility that provides care, protection, and supervision for eight or fewer children, including children under 10 years of age who reside at the home, as set forth in Section 1597.44 and as defined in regulations. 17 1 2 3 4 3 6 7 8 9 10 11 1.2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, on the 24th day of January, 2023 by the following vote: AYES: Supervisors Connelly, Kimmelshue NOES: None ABSENT: None ABSTAIN: None Durfee, Ritter, Teeter and Chair ,I:QCL Z".LmuejI snpe' k-11dir Butte County Board of Supervisors ANDY PICKETT, Chief Administrative Officer and Clepk of the m Uty m