HomeMy WebLinkAbout42371
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Ordinance No. 4237
AN ORDINANCE OF THE COUNTY OF BUTTE AMENDING BUTTE COUNTY CODE
CHAPTER 24 (ZONING ORDINANCE), 1) MODIFY THE DEFINITION OF
RESIDENTIAL CARE HOMES; and 2) TO PROVIDE A DEFINITION OF PARCEL
FRONTAGE, CLARIFY PARCEL SIZE & DENSITY STANDARDS FOR
RESIDENTIAL ZONES, APPLY A REFERENCE TO THE "DE NOVO" REVIEW OF
APPEALED APPLICATIONS, CLARIFY ACCESSORY USES FOR MIXED USE
ZONES, RE-CLASSIFY MIXED USE ZONES, REPLACE REFERENCES TO
MAXIMUM RESIDENTIAL DENSITY FOR CERTAIN ZONES
The Board of Supervisors of the County of Butte ordains as follows:
Section 1. Chapter 24, Article I, Division 3, Section 24-11 is
amended to the Butte County Code as follows:
24-11 Zones and zoninq map.
TABLE 24-11-1
BASE ZONES
Urban Zones
Residential Zones
VLDR
Very Low Density
Residential, VLDR
up to 1 unit per
parcel
VLDR-2.5
Very Low Density
Residential,
VLDR
up to 1 unit per
parcel
VLDCR
Very Low Density
Country
VLDR
Residential, up to
1 unit per
parcel
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LDR
Low Density Residential, up to
LDR
1 unit per parcel
MDR
Medium Density Residential, up
:MDR
to 1 unit per parcel
MHDR
Medium High Density
MHDR
�Residential, up to 14 units per
acre
HDR
High Density Residential, 14 to
HDR
20 units per acre
VHDR
Very High Density Residential,
VHDR
20 to 30 units per acre
Section 2® Chapter 24, Article II, Division 3, Section 24-18 is
..............
amended to the Butte County Code as follows:
24-18 Purpose of the residential zones.
G. Low Density Residential (LDR). The purpose of the LDR zone is
to allow for a mixture of housing types in a low density setting®
Standards for the LDR zone are intended to preserve and protect
the character of existing neighborhoods. Permitted housing types
in the LDR zones include single-family homes and accessory dwelling
units® Non-residential uses conditionally permitted in the LDR
zone include public and quasi -public uses, park and recreational
facilities, personal services, and medical offices and clinics®
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The minimum permitted parcel size in the LDR zone is 13,500 square
feet. The LDR zone implements the Low Density Residential land use
designation in the General Plan.
H. Medium Density Residential (MDR). The purpose of the MDR zone
is to allow for a mixture of housing types in a medium density
setting. Permitted housing types in the MDR zones include single-
family homes and accessory dwelling units. Non-residential uses
conditionally permitted in the MDR zone include public and quasi -
public uses, park and recreational facilities, personal services,
medical offices and clinics, and general retail. The minimum
permitted parcel size in the MDR zone is 6,000 square feet. The
MDR zone implements the Medium Density Residential land use
designation in the General Plan.
Section 3. Chapter 24, Article II, Division 3, Section 24-20 is
amended to the Butte County Code as follows:
24-20 Development standards for residential zones.
..........
TABLE 24-20-1 PARCEL SIZE AND DENSITY FOR RESIDENTIAL ZONES
Zone
Parcel Area
(min.) [4]
151
Parcel
Frontage
(min.) [1]
[4]
Residential Density [2]
Min.
Max. [3]
Single -Family Residential Zones
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FR -1
...........
1 acre
65 ft.
1 unit per
parcel
FR -2
2 acres
65 ft.
1 unit per
parcel
FR -5
5 acres
65 ft.
1 unit per
parcel
FR -10
10 acres
65 ft.
1 unit per
1�
parcel
FR-20/FCR-
20 acres
65 ft.
1 unit per
20
parcel
FR -40
40 acres
65 ft.
1 unit per
J
parcel
RR -5
5 acres
65 ft.
-
1 unit per
parcel
RR-10/RCR-
10 acres
65 ft.
-
1 unit per
10
parcel
VLDR
11 acre
65 ft.
-
1 unit per
parcel
VLDR-2.5
2.5 acres
65 ft.
-
1 unit per
parcel
VLDCR
1 acre
65 ft.
-
1 unit per
L
parcel
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LDR
13,500
sq.
50
ft.
1 unit per
ft.
parcel
MDR
6,000
sq.
50
ft.
unit per
ft.
I
parcel
Multi
-Family Residential
Zones
MHDR
3,500
sq.
35
ft.
14 units
per acre
HDR
3,500
sq.
35
ft.
14
units
20 units
ft.
per
acre
per acre
VHDR
3,500
sq.
35
ft.
20
units
30 units
ft®
per
acre
per acre
Notes:
[1] A minimum forty (40) foot parcel frontage is permitted for
cul-de-sac parcels.
[2] Accessory dwelling units are permitted in all residential
zones.
[ 3 ] In the FR, FCR, RR, RCR, VLDR, VLDCR, LDR and MDR zones,
only one (1) primary dwelling unit and one (1) accessory dwelling
unit is permitted per parcel, regardless of parcel size.
[4] Applies only to the creation of new parcels through the
subdivision process.
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Section 4. Chapter 24, Article II, Division 4, Section 24-22 is
amended to the Butte County Code as follows:
24-22 Land use regulations for cormnercial and mixed use zones.
A. Permitted Uses. Table 24-22-1 (Permitted Land Uses in the
Commercial and Mixed Use Zones) identifies land uses permitted in
the commercial and mixed use zones.
TABLE 24-22-1 PERMITTED LAND USES IN THE COMMERCIAL AND MIXED USE
znNF,,q Fli f 2 I
Residential Uses GC INC CCTRECSE MU
Accessory P P
Dwelling Units
Section 5. Chapter 24, Article IV, Division 1, Section 24-156 is
amended to the Butte County Code as follows:
24-156 Accessory uses and structures.
TABLE 24-156-1 PERMITTED ACCESSORY USES AND STRUCTURES
Urban Zones (VLDR, VLDCR, LDR, MDR, MHDR, HDR, VHDR)
Accessory to Zone
Commercial, Industrial, Mixed Use, and Special Purpose Zones
Section 6. Chapter 24, Article VI, Division 3, Section 24-266 is
amended to the Butte County Code as follows:
on
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24-266 - Appeal subjects and jurisdiction.
A. Zoning Administrator Decisions. Any decision on applications
for Administrative Permits, Interpretations, Zoning Clearances,
Exceptions to Agricultural Buffer Setbacks, Minor Use Permits,
Minor Variances, or Reasonable Accommodations may be appealed to I
the Planning Commission. All appeals to the Planning Commission I
shall be heard de novo.
B. Planning Commission Decisions. Any decision of the Planning
Commission may be appealed to the Board of Supervisors. All appeals
to the Board of Supervisors shall be heard de novo.
Section 7. Chapter 24, Article VII, Division 1, Section 24-304 is
amended to the Butte County Code as follows:
Parcel Frontage. The portion of a parcel abutting one (1) side of
a public or private street allowing for primary access.
Residential Care Home. Facilities providing a safe, supportive and
clean environment for those with serious mental illness and/or
substance addiction who could benefit from living in a structured
setting and are working on learning to live more independently;
and residential, social and personal care for children, the elderly
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and/or people with limited ability for self-care, but where medical
care is not a major element. Examples of Residential Care Home I
uses include children's homes, transitional houses, rehabilitation I
centers, board and care facilities (a residential home that has ll
been licensed by the California Department of Social Services toll
house and provide non-medical care) , sober living homes (SLHs) ,
sober living environments (SLEs), and self-help group homes®
Convalescent homes, nursing homes, and similar facilities with
medical care services are excluded from this definition®
Section 8® Findings. The Board of Supervisors makes the following)
findings, as set forth in Butte County Code section 24-275:
1. The proposed amendments are consistent with the General
Plan and any applicable community or specific plan as
provided by Government Code Section 65860.2.
2. The proposed amendment will not be detrimental to the
public interest, health, safety, or welfare of the
county®
3. The proposed amendment is internally consistent with
other applicable provisions of the Zoning Ordinance®
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Section 9. CEQA. Finds the Zoning Ordinance Amendments are not a I
project under the California Environmental Quality Act.
Section 10. Severability® If any provision of this Ordinance or I
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 I
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 11. 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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Board of Supervisors Actions
The Board made two separate motions, one for the amendment
concerning residential care homes and a second motion approving
the remaining zoning ordinance amendments. For the residential
care homes Zoning Ordinance Amendment, the Board of Supervisors
approved the update of the definition of residential care homes
only and did not approve the other recommended zoning ordinance
amendments relating to residential care homes.
Residential Care Homes Zoning Ordinance Amendment Action
PASSED AND ADOPTED by the Board of Supervisors of the County of
Butte, State of California, on the 23rd day of January 2024 by
the following vote:
AYES: Supervisors Connelly, Durfee, Teeter and Chair Kimmelshue
NOES: Supervisor Ritter
ABSENT: None
ABSTAIN: None
Tod Kirrn lshue, Chair
Butte rr unty Board of Supervisors
ATTEST: '11'
ANDY PICKETT, Chief Administrative Officer
and Clerk of the Board
By -.(—
__.0 -
Deputy
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Zoning Ordinance Amendments Action
PASSED AND ADOPTED by the Board of Supervisors of the County of
Butte, State of California, on the 23rd day of January 2024 by
the following vote:
AYES: Supervisors Connelly, Durfee, Teeter, and Chair Kimmelshue
NOES: Supervisor Teeter
ABSENT: None
ABSTAIN: None ..•.
Tod K.I.MR1shue, Cha r
Butte Cc my Board of Supervisors
ATTEST:
ANDY PICKETT, Chief Administrative Officer
and Clerk of the Board
By.(— " L"i
Deputy
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