Third Draft Zoning Ordinance Board of Supervisors Special Meeting 8-4B Butte County General Plan 2030 Meeting Series #8

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2 Third Draft Zoning Ordinance Board of Supervisors Special Meeting 8-4B Butte County General Plan 2030 Meeting Series #8 Tuesday, December 6, 2011 Board of Supervisors Chambers 25 County Center Drive Oroville, CA Working Agenda Estimated Times: Time-frames provided for items below are estimates. Discussion and Public Comment may result in later start times. 9:00 am: Introduction 9:15 am: Part 1 Enactment and Applicability Key Topics: Purpose, Effect and Interpretation of Zoning Ordinance Staff Presentation (5 minutes) Board Comment and Questions Public Comment Board of Supervisors Action 9:30 am: Part 2 Zoning Districts, Land Uses, and Development Standards Key Topics: Zoning Use Regulation Tables; Spring water Collection in TPZ zone; Permitting Mitigation Banks; Medical Offices and Clinics; Deer Herd Migration Overlay Zone; Neal Road Recycling, Energy, and Waste Facility Overlay Zone; Unique Agriculture Overlay Zone; Military Airspace Overlay Zone Staff Presentation (30 minutes) Board Comment and Questions Public Comment Board of Supervisors Action 10:30 am: Part 3 General Regulations Key Topics: Setback Requirements; Camping; Riparian Areas; Clustered Development; Signs Staff Presentation (10 minutes) Board Comment and Questions Public Comment Board of Supervisors Action Butte County Board of Supervisors Working Agenda December 6, 2011, Page 1 2

3 11:00 am: Part 4 Supplemental Use Regulations Key Topics: Accessory Uses and Structures; Alternative Energy Structures (Solar and Wind Energy); Animal Keeping; Home Occupations; Residential Generator Noise; Heavy Equipment Storage; Temporary Uses including House Concerts; Winery, Olive Oil, Fruit and Nut, Micro-Brewery and Micro-Distillery Production Facilities Staff Presentation (20 minutes) Board Comment and Questions Public Comment Board of Supervisors Action 12:00 pm: LUNCH BREAK 1:00 pm: Part 5 Land Use and Development Approval Procedures Key Topics: Permit Application and Review; Administrative Permit, Site Development Permit, Conditional and Minor Use Permit, Variance and Minor Variance Permit processes, Reasonable Accommodations for Persons with Disabilities; Post Decision Procedures that apply following County Decisions on Permits Staff Presentation (10 minutes) Board Comment and Questions Public Comment Board of Supervisors Action 1:30 pm: Part 6 Zoning Ordinance Administration Key Topics: Zoning Administrator Function; Lot Line Adjustment Process Staff Presentation (10 minutes) Board Comment and Questions Public Comment Board of Supervisors Action 2:00 pm: Part 7 Definitions Key Topics: Definitions as contained within the Draft Zoning Ordinance Staff Presentation (10 minutes) Board Comment and Questions Public Comment Board of Supervisors Action 4:00 pm: Adjournment Butte County Board of Supervisors Working Agenda December 6, 2011, Page 2 3

4 TO: FROM: Honorable Chair, and Board of Supervisors Tim Snellings, Director Butte County Department of Development Services SUBJECT: Third Draft Butte County Zoning Ordinance and Zoning Map DATE: November 17, 2011 I am pleased to provide you with the Third Draft Butte County Zoning Ordinance and Map, which is currently under review. The Draft Butte County Zoning Ordinance and Map is part of the Butte County General Plan 2030 update process, and it has been written to be fully consistent with the General Plan in accordance with State law. The Planning Commission performed comprehensive reviews of the First Draft Zoning Ordinance and Map during eight all-day workshops and the Second Draft Zoning Ordinance and Map in five subsequent workshops. The attached User s Guide provides an overview of all seven parts of the Draft Zoning Ordinance and helps to highlight new and updated sections. In addition to the hardcopy of the Third Draft Zoning Ordinance, I am providing you with a CD that contains the following PDF files for your review: 1. Third Draft Zoning Ordinance (final version) 2. Third Draft Zoning Ordinance (with edits shown since last draft) 3. Third Draft Zoning Map 4. Deer Herd Overlay Zone Map 5. Military Airspace Overlay Zone Map The Draft Zoning Map provides zoning for all unincorporated portions of Butte County. In accordance with State law, the zoning map must be consistent with the General Plan 2030 Land Use Map. The PDF format map allows you to zoom-in to see details for individual areas and parcels. You must refer to the color legend on the bottom part of the map to determine the applicable zone. As an alternative to this map, you may also refer to the Parcel Look-Up feature on which provides a way to look-up zoning for individual Assessor Parcel Numbers or street addresses. A complete staff report will be provided to your Board prior to the December 6, 2011, Board meeting discussed below. 4

5 Should you have any questions regarding any of this material please do not hesitate to contact me at or Principal Planner Dan Breedon at The Third Draft Zoning Ordinance and Zoning Map, incorporating all Planning Commission recommendations, as well as extensive background information, is available for public review on-line at at all Butte County Branch Libraries, and at the Department of Development Services, 7 County Center Drive, Oroville. In addition, free CDs containing the new Draft Zoning Ordinance and Zoning Map are available by contacting Development Services at or by ing dbreedon@buttecounty.net The Board of Supervisors will hold two Public Meetings concerning the Third Draft Butte County Zoning Ordinance and Map at the following dates and times: On Tuesday, December 6, 2011, at 9:00 am, a Meeting will be held on the Third Draft Zoning Ordinance Text On Tuesday, December 13, 2011, at 1:00 pm, a second Meeting will be held on the Third Draft Zoning Ordinance Map Members of the public who are interested in Text sections of the Draft Zoning Ordinance are encouraged to attend the meeting on December 6, Members of the public who are interested in the Draft Zoning Map are encouraged to attend the meeting on December 13, The meetings will be held in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California; all members of the public are invited to attend. The purpose of these meetings is to review the Third Draft Zoning Ordinance Text and Map and related Planning Commission recommendations and for the Board to provide additional direction to staff. This direction will allow staff to begin an environmental review process pursuant to the California Environmental Quality Act (CEQA). After this process, additional meetings will be scheduled to consider certification of environmental documents, and adoption of the Draft Zoning Ordinance and Map in mid Once approved, the Draft Zoning Ordinance and Zoning Map will replace the current zoning ordinance, which is located under Chapter 24 of the Butte County Code. This is the first comprehensive update to the Butte County Zoning Ordinance in over 20 years. Every effort has been made to develop a Draft Zoning Ordinance and Zoning Map that will streamline permit processes, be responsive to the needs of Butte County and its citizens, and ultimately lead to the successful implementation of Butte County General Plan The Zoning Ordinance implements various policies from Butte County General Plan 2030 and the Zoning Map establishes zoning districts in all areas of unincorporated Butte County. The Zoning Ordinance sets development standards for all zones including Agriculture, Residential, Commercial, Industrial and other special purpose zones. It also sets development standards for specific types of land uses such as outdoor lighting, clustered development, parking and Third Draft Zoning Ordinance and Zoning Map, November 17, 2011 Page 2 5

6 loading, signs, landscaping and other applications. In addition, the Zoning Ordinance includes sections that regulate all permit processes and the administration of the Zoning Ordinance. Butte County General Plan 2030 staff welcomes the public s review and comments regarding the Third Draft Butte County Zoning Ordinance and Zoning Map. All comments may be directed to: Dan Breedon, AICP, Principal Planner Butte County General Plan Butte County Department of Development Services 7 County Center Drive, Oroville, CA Ph dbreedon@buttecounty.net cc: CAO County Counsel Third Draft Zoning Ordinance and Zoning Map, November 17, 2011 Page 3 6

7 USER S GUIDE Third Draft Butte County Zoning Ordinance and Zoning Map The new Third Draft Butte County Zoning Ordinance is divided into 7 Parts: Part 1 Enactment and Applicability Part 2 Zoning Districts, Land Uses, and Development Standards Part 3 General Regulations Part 4 Supplemental Use Regulations Part 5 Land Use and Development Approval Procedures Part 6 Zoning Ordinance Administration Part 7 Definitions Each of these sections is further divided into Articles (42 Articles make-up the Draft Zoning Ordinance). For purposes of familiarizing users with the Zoning Ordinance, each of the seven parts is described in more detail below, with special emphasis on new or updated sections. Part 1 Enactment and Applicability Part 1 of the Draft Zoning Ordinance includes three Articles that describe the purpose of the Zoning Ordinance, how the Zoning ordinance is interpreted, and establishing the legality of the Zoning Map, which works together with the Zoning Ordinance to implement land use regulations throughout the unincorporated portion of Butte County. Part 2 Zoning Districts, Land Uses, and Development Standards Part 2 of the Draft Zoning Ordinance consists of the primary regulations that apply to all of the various Zoning Districts implemented by the Zoning Map. In Part 2, users will find the purpose of each zone explained, along with Use Regulation Tables that provide an efficient way to determine uses that are permitted as-of-right ( P ), permitted with an administrative permit ( A ), permitted with a Minor Use Permit ( M ), permitted with a Conditional Use Permit ( C ), or not permitted at all ( - ). The first column of the Use Regulation Table includes a listing of a variety of uses, which have been categorized into several broad groups: Agricultural Uses Natural Resource Uses Residential Uses Community Uses Commercial Uses Industrial Uses Transportation, Communication and Utility Uses Other Uses Each of these groups are broken down into a variety of uses, such as Bed and Breakfast and Hotel and Motel in the case of the Commercial Uses group. All of these uses are defined Third Draft Zoning Ordinance and Zoning Map, November 17, 2011 Page 4 7

8 under Part 7 of the zoning ordinance. For example, if you wished to know the definition of a Bed and Breakfast, it can be looked up under Part 7 Definitions. It is important to note that some uses connote a broad definition. For instance, under the Commercial Uses group, Commercial Recreation, Indoor and Commercial Recreation, Outdoor is listed. If you refer to the Definitions, in Part 7 you will find that these terms are defined to include a variety of listed uses. For instance, Commercial Recreation, Outdoor includes golf driving ranges, gun clubs, water parks, amusement parks and a large variety of other listed uses. Commercial Recreation, Indoor includes bowling alleys, arcades, billiard rooms, sports clubs and other uses. This same process can be used for the Industrial Uses group, where Manufacturing is divided into General, Heavy and Light categories, each with their own definition. Part 2 also includes Article 10, which is devoted to the various overlay zones included in the Third Draft Zoning Ordinance. An overlay zone applies standards and regulations to specific areas, which are in addition to the requirements established by the Base Zone. For example, the Unique Agriculture Overlay zone applies to an area located within the east Oroville Foothills that is zoned Rural Residential. The land uses for this area are modified by the Unique Agriculture Overlay, which provides additional land uses and regulations, in addition to the ones provided by the Rural Residential zone. There are many new zones and overlay zones that are intended to promote new and existing business development, protect the County s natural resources, and to address a variety of other land use issues related to the public s health, safety and welfare. For example, the Agriculture Services zone (Section 24-12) brings the ability to site needed service industries in the Agricultural areas of the County, where such uses can compliment agricultural uses without compromising agricultural land. The Airport Compatibility Overlay Zone (Section 24-34) is a new overlay zone that identifies areas in unincorporated Butte County where additional requirements apply to ensure the compatibility of land uses and development with nearby airport operations. The Deer Herd Migration Overlay Zone (Section 24-37) is intended to protect sensitive habitat areas for migratory deer herds while continuing to allow development and the reasonable use of land within these areas. The Public Housing Overlay Zone (Section 24-39) was developed in cooperation with the Butte County Housing Authority to apply a zoning overlay to the Gridley Farm labor housing facility. This overlay promotes goals, policy and actions contained within the General Plan s Housing Element. The Neal Road Recycling, Energy, and Waste Facility Overlay Zone (Section 24-43) was developed to protect the Neal Road facility and to promote economic interests by expanding allowed uses within 2,000 feet of the Neal Road Facility/industrial boundary and providing for complimentary industries. Third Draft Zoning Ordinance and Zoning Map, November 17, 2011 Page 5 8

9 The Unique Agriculture Overlay Zone (Section 24-44) was extended to allow the consideration of its application in the Foothill Residential zones. Additionally, this section was updated to provide for public events to help spurn economic growth and respond to a growing agritourism sector. A new Military Airspace Overlay Zone (Section 24-46) provides for military review of projects that would impact military airspace (structures over 200 and 500 ft high depending on the area, this generally applies to larger wind energy turbines). Public input was considered regarding the regulation of Horse Stables within the new Zoning Ordinance. Development Services staff worked to update horse stable definitions and to include a new use called a Semi-Private Stable (a middle ground between a Commercial Stable and a Private Stable). Greater flexibility is provided in the Use Tables as to where stables may be considered with an appropriate permit processes. Part 3 General Regulations Part 3 of the Draft Zoning Ordinance includes regulations that apply to various applications and uses. This part includes articles pertaining to Agricultural Buffers, Setbacks, Parking and Loading, Outdoor Lighting, and Landscaping to name a few. Highlights of this section include articles related to Riparian Areas, Camping, Clustered Development, and Land Use Compatibility Standards. A new Article devoted to Riparian Areas (Article 16) provides direction to developers, landowners, and staff to ensure the protection of Butte County s creeks, streams, and water resources. The Section devoted to Camping (Article 15, Section 24-74) was updated to address public comment on a request to lift the 9-day maximum camping limitation. This section expands the camping allowance to 14 or fewer days within any 30-day period, subject to standards. A new Article devoted to Clustered Development (Article 18) provides incentives for developments that cluster dwellings, while retaining and protecting natural and open space areas. A new Article devoted to Signs (Article 20) provides needed direction in the zoning ordinance concerning a variety of signs and sign regulations. This clarity provides certainty and direction to the sign industry and to property owners concerning sign standards and permit processes. A new Article devoted to Land Use Compatibility Standards (Article 24) is intended to protect land uses in Butte County, especially existing residential neighborhoods. Part 4 Supplemental Use Regulations Part 4 of the Draft Zoning Ordinance establishes development and operating standards for specific land uses to minimize negative impacts on neighboring properties, implement State and federal law, and ensure the orderly development of a diversity of land uses within the County. This part of the Draft Zoning Ordinance covers a variety code sections devoted to the Third Draft Zoning Ordinance and Zoning Map, November 17, 2011 Page 6 9

10 regulation of solar and wind energy systems, accessory uses, animal keeping standards, home businesses, live/work arrangements, kennels, mobile home parks, second units, heavy equipment storage, and winery, olive oil, fruit and nut, micro-brewery and micro-distillery facilities to name a few. This part of the Draft Zoning Ordinance also includes Article 26, devoted to Telecommunication Facilities such as wireless communication towers, antennas, cell towers and similar structures. In response to public input concerning accessory structures and uses under the Draft Zoning Ordinance, and Planning Commission direction, a new section and table (Table ), pertaining to Accessory Structures and Uses (Section ) is included in this section. This provides needed direction for the treatment of accessory uses and structures, which is lacking in the current zoning ordinance. The regulations devoted to Solar and Wind Energy Systems (Section , Alternative Energy Structures) was extensively updated to provide the very latest approaches in promoting the development of solar and wind energy throughout Butte County in a wide variety of applications while protecting Butte County s important agricultural lands. All solar and wind energy systems are regulated through the Land Use Tables provided for each zone under Part 2, with additional regulation provided for under Section The section devoted to Animal Keeping (Section ) was extensively updated. Development Services staff worked cooperatively with the Butte County Farm Advisor, Cattlemen s Association, Agricultural Commissioner, and the Public Health Department to update the previous animal keeping section. The new section provides more clarity on which zones are regulated; number of animals allowed, the weight of adult animals, and when animal density standards do not apply. The section devoted to Home Occupations (Section ) has been improved, including a new category of home office that does not require any permit process at all. Other home occupations, including minor and major home occupations have been updated to provide clear guidance on when each of these permit processes would apply to a home business. The section devoted to Heavy Equipment Storage (Section ) was re-drafted in order to focus this provision on the Very Low Density Residential (VLDR) zone. This section allows the storage of heavy equipment in this zone subject to standards and permit processes. This section does not regulate or prohibit the storage or use of heavy equipment Rural Zones (Agriculture, Timber Mountain, Timber Production, Foothill Residential, and Rural Residential). A new allowance under Temporary Uses (Section ) responds to public input concerning the need to provide for, and to regulate, House Concerts, which is the use of a private residence for regularly scheduled indoor musical concerts. The Winery, Olive Oil, Fruit and Nut, Micro-Brewery and Micro Distillery Production Facilities section of the Draft Zoning Ordinance (Section ) has been updated to include provisions for olive oil, fruit and nut, micro-brewery and micro-distillery facilities, to provide opportunities for these unique land uses within Butte County. Third Draft Zoning Ordinance and Zoning Map, November 17, 2011 Page 7 10

11 Part 5 Land Use and Development Approval Procedures Part 5 of the Zoning Ordinance covers Land Use and Development Approval Procedures. In this part of the Zoning Ordinance, various permit processes are discussed including articles devoted to administrative permits, conditional and minor use permits, variances and minor variances, and others. Table under Article 27 Permit Application and Review, provides an overview of the permit process, and the role of each decision-making authority. For example, for Minor Use Permits it is shown that the Zoning Administrator has decisionmaking authority, but decisions made by the Zoning Administrator may be appealed first to the Planning Commission, and then to the Board of Supervisors. Part 6 Zoning Ordinance Administration This section describes the various administrative functions under the Zoning Ordinance. It includes articles devoted to administrative responsibility, public notice and hearings, appeals and calls for review, zoning ordinance and general plan amendments, and development agreements and lot line adjustments. The Zoning Administrator function is a new function that is not currently provided for under the existing Zoning Ordinance (Section ). The Zoning Administrator is tasked with routine permit applications such as Administrative Permits, Exceptions, Interpretations, Minor Use Permits, Zoning Clearances and Site Development Permits. It is also proposed that the Zoning Administrator have approval authority over Tentative Parcel Maps. This allows the less complicated permits to be handled at an administrative level, and reserves the more extensive and/or controversial permit processes for the Planning Commission and Board of Supervisors. The article devoted to Lot Line Adjustments (Article 41) is a new section that addresses the need for the modification of lot lines between adjacent parcels under the Draft Zoning Ordinance. It provides greater flexibility when a parcel involved in a lot line adjustment cannot meet the minimum parcel size of the applicable zone. This section allows for an exception to the minimum parcel size required under the Zoning Ordinance in various situations, when findings can be made by the Zoning Administrator. Part 7 Definitions This part of the Draft Zoning Ordinance provides definitions for terms and land uses used throughout the document. Numerous new and updated definitions have been included that are used within the Land Use Tables contained for each zone under Part 2 and in all other parts of the Zoning Ordinance. Third Draft Zoning Ordinance and Zoning Map, November 17, 2011 Page 8 11

12 Agenda Report December 6, 2011 Third Draft Zoning Ordinance Text 12

13 Butte County Department of Development Services TIM SNELLINGS, DIRECTOR PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA (530) Telephone (530) Facsimile Butte County Board of Supervisors AGENDA REPORT Butte County General Plan 2030 Draft Zoning Ordinance Text Meeting Series #8 December 6, 2011 Butte County Board of Supervisors 25 County Center Drive Oroville, CA Subject: Third Draft Zoning Ordinance Text (Butte County General Plan 2030, Meeting Series #8) I. BACKGROUND The Butte County General Plan 2030 process involves three main components: 1) the Updated General Plan 2030 and Land Use Map; 2) the General Plan 2030 Environmental Impact Report (EIR); and 3) the Updated Zoning Ordinance and Supplementary EIR. On October 26, 2010, the Board of Supervisors adopted the updated General Plan, Land Use Map and certified the associated Final EIR. The Draft Zoning Ordinance and Map comprehensively updates the Butte County Zoning Ordinance, implements the General Plan s land use designations, and incorporates policy directions provided by the new General Plan. Butte County General Plan 2030 Draft Zoning Ordinance Text December 6, 2011 Page 1 of 28 13

14 Meeting Series #8: Draft Zoning Ordinance Meeting Series #8 is devoted to the Zoning Ordinance update (see Table 1, below for listing of all meetings). The meeting series began with a Citizens Advisory Committee meeting held on March 11, The Citizens Advisory Committee provided direction on a variety of issues considered under the new Zoning Ordinance. Over 16 months ago, on July 2, 2010, a first draft of the new Zoning Ordinance and Map became available for public review. A Public Workshop was held on July 28, 2010 to inform the public and to take input on the first Draft Zoning Ordinance and Map. The Planning Commission was then tasked with performing a comprehensive, page-by-page comprehensive review of the first Draft Zoning Ordinance and Map. This review took place over eight all-day workshops held between August 5, 2010 and November 2, The Planning Commission edited many sections of the Draft Zoning Ordinance at each of these meetings. Additionally, many members of the public provided oral and written input concerning the Draft Zoning Ordinance text and map. Staff reviewed all of the public requests and followed-up on the Planning Commission s recommendations. The Board of Supervisors held a Special Meeting on April 28, 2011 and provided staff with direction concerning: 1) the use of a Zoning Administrator to facilitate permit streamlining; 2) the permitting of accessory uses; and, 3) the policy issue of permitting solar energy projects in agricultural zones. The Planning Commission s work and additional direction from the Board provided the basis to complete a Second Draft Zoning Ordinance and Map, released on July 8, 2011, which incorporated their recommendations. Additional public comment that has been received since the Planning Commission meetings is provided under Attachment A. The Planning Commission held five additional special meetings to review the Second Draft Zoning Ordinance and Map, and to accept additional pubic input. Their review concluded on October 13, The Planning Commission s recommendations have been incorporated into a Third Draft Zoning Ordinance and Map, released on November 17, The Draft Zoning Ordinance and Map was made available online at and distributed to all Butte County Branch Libraries. The focus of the December 6, 2011 Board of Supervisors meeting will be the Draft Zoning Ordinance Text. The focus of the December 13, 2011 Board of Supervisors Meeting will be the Draft Zoning Ordinance Map. Butte County General Plan 2030 Draft Zoning Ordinance Text December 6, 2011 Page 2 of 28 14

15 Table 1 Zoning Ordinance Update (Meeting Series #8) 1. Citizens Advisory Committee Meeting March 11, 2010 First Draft Zoning Ordinance and Map July 2, Public Workshop July 28, Planning Commission August 5, Planning Commission August 19, Planning Commission September 2, Planning Commission September 16, Planning Commission September 30, Planning Commission October 7, Planning Commission October 21, Planning Commission November 2, Board of Supervisors April 26, 2011 Second Draft Zoning Ordinance and Map July 8, Planning Commission on Draft Map August 18, Planning Commission on Draft Map August 25, Planning Commission on Draft Text September 15, Planning Commission on Draft Text September 22, Planning Commission on Draft Text October 13, 2011 Third Draft Zoning Ordinance and Map November Board of Supervisors on Draft Text December 6, Board of Supervisors on Draft Map December 13, 2011 Butte County General Plan 2030 Draft Zoning Ordinance Text December 6, 2011 Page 3 of 28 15

16 II. ANALYSIS FOR THE THIRD DRAFT ZONING ORDINANCE TEXT DECEMBER 6, 2011 BOARD MEETING Background On November 7, 2011, the Board of Supervisors received over 900 pages of background material related to all Planning Commission Meetings, the Citizens Advisory Committee Meeting, Public Workshop, and all public comment that took place under Meeting Series #8 devoted to Draft Zoning Ordinance. This information was also made publicly available on-line and at the Department of Development Services on the same day. On November 17, 2011, the Board of Supervisors received copies of the Third Draft Zoning Ordinance and Map. The Board of Supervisors received one edited version of the Second Draft Zoning Ordinance that showed edits and changes to the Second Draft in underline and strikeout text, and another version that constitutes a clean copy of the Third Draft Zoning Ordinance. The edited version of the Second Draft helps to review all of the minor and substantive changes that have taken place since the second draft. General Plan 2030 staff incorporated input and direction from the Planning Commission on the Draft Zoning text provided during the previous Planning Commission meetings. Additionally, input from the public received during previous Planning Commission meetings and other comments that have been received since those meetings were reviewed by staff and appropriate changes were incorporated into the Third Draft. California Environmental Quality Act Review (CEQA) Additional corrections to the Draft Zoning Ordinance may be considered during the review process, since the Draft Zoning Ordinance has not yet been adopted. However, only very minor corrections will be considered after the Board authorizes the preparation of the Supplemental EIR for the Draft Zoning Ordinance pursuant to CEQA. This is because the Supplemental EIR will base environmental impacts on the finalized Draft Zoning Ordinance and Map and additional changes made after CEQA review could warrant the recirculation of the EIR, resulting in additional time and cost to the County. For this reason, it is important that the Board s final direction on the Third Draft Zoning Ordinance be as complete as possible prior to the start of CEQA review. Planning Commission Recommendations The following section is divided into Parts 1 through 7, corresponding to the Third Draft Zoning Ordinance: Butte County General Plan 2030 Draft Zoning Ordinance Text December 6, 2011 Page 4 of 28 16

17 Part 1 Enactment and Applicability Part 2 Zoning Districts, Land Uses, and Development Standards Part 3 General Regulations Part 4 Supplemental Use Regulations Part 5 Land Use and Development Approval Procedures Part 6 Zoning Ordinance Administration Part 7 Definitions For each of the seven parts of the Draft Zoning Ordinance staff provides the following 2 sections: 1. Recommended Board of Supervisors Motion of Intent 2. Summary of Planning Commission Recommendations Part 1 Enactment and Applicability Recommended Motion of Intent: The Board of Supervisors approves a Motion of Intent for the Planning Commission s recommendations for Part 1 Enactment and Applicability as contained within the Third Draft Zoning Ordinance, with any additional recommendations directed by the Board of Supervisors. Summary of Planning Commission Recommendations, Part 1: The Planning Commission did not make any significant changes to Part 1 of the Draft Zoning Ordinance. Minor edits were completed by staff and are reflected in the Third Draft. Butte County General Plan 2030 Draft Zoning Ordinance Text December 6, 2011 Page 5 of 28 17

18 Part 2 Zoning Districts, Land Uses, and Development Standards Recommended Motion of Intent: The Board of Supervisors approves a Motion of Intent for the Planning Commission s recommendations for Part 2 Zoning Districts, Land Uses, and Development Standards as contained within the Third Draft Zoning Ordinance, with any additional recommendations directed by the Board of Supervisors. Summary of Planning Commission Recommendations, Part 2: Use Regulation Tables. All use regulation tables were updated (i.e. Table and all others) with new information provided during the Planning Commission meetings, additional staff review, and from public comment. Development Services staff will provide a demonstration of the Use Tables during the presentation on December 6, Board members and the public are also referred to the User s Guide for the Draft Zoning Ordinance provided with the Third Draft Zoning Ordinance and available on-line at Timber Production Zones (Article 5, Natural Resource Zones). Spring Water Collection Use. After reviewing additional staff analysis, the Planning Commission recommended that this proposed use should be deferred and reviewed within the context of General Plan Actions W-A2.2 and W-A3.2 for further study and recommendation. Staff Analysis for Spring Water Collection Use A request was received from a member of the public to consider the collection of spring water in the TPZ zone within the draft Zoning Ordinance. Staff recommended that if the Planning Commission wished to provide for this use in the Draft Zoning ordinance that it would be subject to a Use Permit. Prior to making a final recommendation, the Planning Commission asked staff to review this matter with Butte County Department of Water and Resource Conservation staff concerning permitting requirements. Staff met with Water and Resource Conservation Director Paul Gosselin and it was determined that this use would not be subject to a groundwater transfer permit process pursuant to Butte County Code Chapter 33 Groundwater Conservation. Although this use would not be subject to permitting under Chapter 33 Groundwater Conservation, the consideration of this use would be required to go through CEQA review and be subject to analysis to determine impacts to water resources including groundwater, surface Butte County General Plan 2030 Draft Zoning Ordinance Text December 6, 2011 Page 6 of 28 18

19 water, water quality, biological impacts and others impact areas. This analysis would be outside of the scope of work for the Supplementary EIR approved for the Draft Zoning Ordinance. In addition to CEQA review, the General Plan s Water Resources Element contains one goal and several policies and actions that are related to water use and potential impacts to groundwater: Goal W-3 Effectively manage groundwater resources to ensure a long-term water supply for Butte County. Policy W-P3.3. The County shall protect groundwater recharge and groundwater quality when considering new development projects. Policy W-P2.9. Applicants for new major development projects, as determined by the Department of Development Services, shall demonstrate adequate water supply to meet the needs of the project, including an evaluation of potential cumulative impacts to surrounding groundwater users and the environment. Action W-A2.2. Develop Criteria to implement Policy W- P2.9, including thresholds for the size of development projects that triggers the need for an analysis of water supply and standards to demonstrate adequate water supply and evaluate impacts to surrounding groundwater users. Action W-A3.2. Evaluate gaps in existing federal, State and local standards, and develop additional standards as needed to preserve groundwater recharge and protect groundwater quality. Staff indicated that the Planning Commission may wish to consider whether it is more appropriate to categorize spring water collection within a broader definition that would include the pumping of groundwater or surface water for off-site commercial purposes. Noting that the bottled water industry will often site bottling plants at the source of spring water or groundwater pumping wells. These uses have the potential to influence water resources and must be evaluated for their consistency with the General Plan and impacts to the environment. While a Use Permit would allow for a review of many different aspects of a project, including the application of CEQA, it may be very difficult for an applicant to overcome complex issues related to Butte County General Plan 2030 Draft Zoning Ordinance Text December 6, 2011 Page 7 of 28 19

20 water resources without a set of criteria as set-forth under W-A2.2. Further, the Draft Zoning Ordinance should include performance standards that would apply to all Conditional Use Permits proposing commercial water use. Such standards could address the amount of water use, monitoring for on-site and off-site impacts to water quality and water quantity, and other development related requirements. The Planning Commission concurred with staff s analysis and recommended the deference of the spring water collection use and similar uses until the completion of Actions W-A2.2 concerning the development of criteria for the size of projects that trigger the need for an analysis of water supply and standards, and W-A3.2 concerning the evaluation of gaps in existing Federal, State, and local standards and the development of new standards as needed to preserve groundwater recharge and to protect groundwater quality. Table Permitted Land Uses in the Natural Resource Zones. Based upon public input, crop cultivation and agricultural processing has been added to the permitted uses for the TPZ zones. Additionally, single family homes have been changed to a permitted use. This would be an expansion of uses allowed under the existing TPZ zone, but are uses that can be accommodated in TPZ zones under state law. Section D. and E. have been added to provide direction concerning the rezoning of lands zoned TPZ and the allowance of Conditional Use and Minor Use Permits in TPZ zones. These new sections have been added to address public input by allowing the consideration of uses determined to be compatible with timber growing and harvesting. Recreation Commercial-1 (REC-1) Zones (Article 7). The Recreational Commercial-1 zone is implemented over areas of the County with existing facilities such as golf courses and other recreational uses. Most new uses are subject to receiving a Conditional Use Permit. In response to a public comment, the Planning Commission asked staff to allow limited expansion of existing facilities in the REC-1 zone without being subject to a Conditional Use Permit. A process to allow limited expansion of existing facilities has been set forth in the Third Draft Zoning Ordinance, through an Administrative Permit process. Mitigation Banks. During the September 22, 2011 Planning Commission meeting, a member of the public requested that the Draft Zoning Ordinance provide further information concerning Mitigation Banks and how they would be regulated under the new Zoning Ordinance. The Planning Commission concurred with staff analysis set-forth below, that the consideration of Butte County General Plan 2030 Draft Zoning Ordinance Text December 6, 2011 Page 8 of 28 20

21 mitigation banks in the Draft Zoning Ordinance be deferred until completion of the two actions set forth above (AG-A2.1, and COS-A7.3). Staff Analysis for Mitigation Banks A mitigation bank is a use allowing the purchase of credits to offset biological impacts of a development project. The mitigation bank is located on a parcel or parcels of land with an abundant biological resource (s), such as a federal or state listed species, vernal pools, riparian habitat, or wetlands. The process allows development of land where biological resources are present potentially many miles away from the mitigation bank if a developer purchases a predetermined amount of credits, which protects similar resources within the bank. This process requires the purchase of credits that will protect a 1:1 ratio of lands protected to lands disturbed, or more. Staff advised the Planning Commission that the creation of a mitigation bank program is beyond the scope of the current Draft Zoning Ordinance Update. Staff proposes to defer the development of a mitigation bank program until both of the actions set forth below are completed. Action AG-A2.1 Create an agricultural mitigation ordinance in which developers will be required to permanently protect agricultural land of equal or greater value in place of land that is redesignated from Agriculture to a non-agricultural designation. This ordinance may include the option of paying an in-lieu fee that would contribute to an agricultural resource protection fund that could be used to purchase voluntary conservation easements or complete other projects that will protect and conserve agricultural land. The ordinance will establish mitigation standards that address the valuation and geographic location of agricultural land. Action COS-A7.3 Establish a mitigation bank program for impacts to habitats for protected species, such as oak woodlands, riparian woodlands and wetlands, in locations outside of the approved Butte Regional Habitat Conservation Plan and Natural Community Conservation Plan Planning Area, using mitigation fees on new development projects as a funding mechanism. A variety of issues must be addressed before a program devoted to mitigation banks can be regulated under the draft Zoning Ordinance, including conformance with various zoning districts, consistency with the General Plan, state and federal laws concerning mitigation bank development, public comment, and the development of policy through the Planning Commission and ultimately the Board of Supervisors. With regard to existing and future mitigation banks within Butte County, it is staff s recommendation that these uses would continue to be allowed under the Zoning Ordinance, provided their allowed uses were consistent with the uses permitted by the zone. For instance, a mitigation bank that allowed grazing in an agricultural zone would be considered consistent with the zone. Butte County General Plan 2030 Draft Zoning Ordinance Text December 6, 2011 Page 9 of 28 21

22 Medical Offices and Clinics. Table The current Agriculture Residential zone permits Medical Offices and Clinics through a Conditional Use Permit. This use was added to the Agricultural Residential zone through action by the Board of Supervisors in The Planning Commission provided direction that this use be extended to the Rural Residential zone under the Draft Zoning Ordinance as a conditionally permitted use. Several area residents have provided comment letters objecting to the allowance of Medical Offices and Clinics as a Conditionally Permitted use in the Rural Residential Zone, and within the East Oroville Foothills Unique Agriculture Overlay in particular. They would prefer that Medical Offices and Clinics not be allowed within the Unique Agriculture Overlay, Minimum Residential Densities Exceptions (Previous Section C) This section was recommended for removal by the Planning Commission. This section was originally included to provide leniency for projects when they cannot meet the minimum residential density imposed by residential zones. General Plan Land Use Element Policy LU-P4.2 states that: Residentiallydesignated land shall be developed at or above the minimum density range established by the land use designation for a given area or parcel. There are instances where constraints limit the ability of a site to support development at the required minimum residential densities. With the exception of the High Density Residential (HDR) and Very High Density Residential (VHDR) zones, the Planning Commission recommended the removal of the minimum density requirements, removal of previous section C., and that a corresponding change be made to the General Plan Land Use Element Policy LU-P4.2, to be handled by the planned fixes to the General Plan. The HDR and VHDR zones are required to meet minimum density requirements to satisfy Housing Element policy for providing adequate zoning for the development of lower-income housing. Grazing and Private Stables in Mixed Use Zones (Table ). In order to address the need to allow grazing in Mixed Use-1 and -2 zones, which are not anticipated to develop with mixed-uses for many years, Grazing and Private Stables have been recommended by the Planning Commission to be permitted in the MU-1 and MU-2 zones as an interim use prior to redevelopment or conversion to a more intensive mixed-use. This issue was brought up by several property owners in this area. Airport Compatibility Overlay Zone (Section 24-34). This is a new overlay zone that identifies areas in unincorporated Butte County where additional requirements apply to ensure the compatibility of land uses and development with nearby airport operations. The Board previously directed that the General Plan and the Zoning Ordinance be compatible with the Butte County Airport Land Use Compatibility Plan. Butte County General Plan 2030 Draft Zoning Ordinance Text December 6, 2011 Page 10 of 28 22

23 Deer Herd Migration Overlay Zone (Section 24-37) The Concow/Yankee Hill Community Association requested that Section F. pertaining to the Clustering of structures and accessory structures be amended to allow all structures to be built on parcels within the deer herd overlay without the need to restrict the location of accessory structures or confine all structures within a 1-acre area within the parcel. Staff reviewed this request in more detail and concurred with this request, which was supported by the Planning Commission. Staff recommended removing previous Section F. items 2 and 3 relating to the clustering of structures and accessory structures on existing parcels. The General Plan allows and encourages clustered development projects (as provided for under Article 18 of the Third Draft Zoning Ordinance), but does not provide any policy concerning the placement of structures on existing parcels. Further, the General Plan 2030 EIR assessed impacts to the deer range at a programmatic level, meaning there was not sufficient detail to provide mitigation at an individual parcel-level basis. Staff additionally recommended, and the Planning Commission supported, the removal of previous Section C. Permit Required from the Deer Herd Migration Overlay Zone. This section requires the submittal of an Administrative Permit for development of a primary structure or second dwelling unit. Staff finds that this process would be redundant to the review of a building permit and would not accomplish anything more than the review of a Building Permit. Public Housing Overlay Zone (Section 24-39). Representatives from the Housing Authority of the County of Butte met with Development Services staff concerning the Gridley Farm Labor Housing project, located near Gridley at 850 East Gridley Road (APN: ). This facility has a long history within Butte County serving farm workers and low-income families in the Biggs, Gridley and the Live Oak areas. According to the Housing Element, the facility offers 130 units of year-round housing and houses about 500 farm workers and their families. The Housing Element also indicates that the facility is sufficient to meet the needs of farm workers in the area. The Planning Commission approved the inclusion of the Public Housing Overlay. The new Overlay enables the facility to continue as a legal operation, complete the rehabilitation currently underway, and to pursue additional improvements in the future. The new Overlay also fulfills the County s obligations under Housing Element Action H-A4.9, and supports Housing Element Goal H-4. The Board of Commissioners of the Housing Authority of the County of Butte approved the language for the new Overlay at their regular meeting held on May 19, This correction will be added to Butte County General Plan 2030 Draft Zoning Ordinance Text December 6, 2011 Page 11 of 28 23

24 the list of General Plan fixes that will be reviewed by the Board of Supervisors at a separate meeting. Neal Road Recycling, Energy, and Waste Facility Overlay Zone (Section 24-43). This overlay was developed to protect the Neal Road facility and to promote economic interests by expanding allowed uses within 2,000 feet of the Neal Road Facility/industrial boundary and providing for complimentary industries. Uses were reviewed for appropriate permit processes and several uses were moved from the Use Permit category to the Minor Use Permit category (Parks and Recreation Facilities, Public and Quasi-Public Facilities and Recycling Processing Facilities. Additionally, the minimum parcels size allowed within the Overlay was changed from 20 acres to 2.5 acres to accommodate and encourage compatible industrial uses. Unique Agriculture Overlay Zone (Section 24-44). At the request of a member of the public, the Planning Commission recommended that the Foothill Residential designation be added to the General Plan designations that would be eligible for the Unique Agriculture Overlay. The Unique Agriculture Overlay could now be applied to the Agriculture, Rural Residential and Foothill Residential General Plan designations. The Planning Commission additionally recommends the approval of the 26-acre Woodleaf Farm for inclusion in the Unique Agriculture Area. The Woodleaf Farm is located near the East Oroville Foothills Unique Agriculture Overlay, and provides a variety of organic agricultural products, and is located on the Sierra Oro Farm Trail. Special Events The Planning Commission asked staff to follow-up on the issue of allowing special events in the Unique Agriculture Overlay Zone, which had previously required a Minor Use Permit for Special events, such as weddings, concerts, parties, educational classes, corporate events, and other similar activities. Concern had been expressed by the owners of Grey Fox Vineyards, Gary and Jeanne Cecchi, that the requirement for a Minor Use Permit for special events are onerous, especially given the fact that the Unique Agriculture Overlay is intended to promote agritourism and support and enhance local farms within this area. The Cecchi s maintained that special events are a critical part of their operations and contribute to the overall viability of their business. Having these events subject to a Minor Use Permit process, which is a discretionary action on the part of the County, adds uncertainty and delays to business activities and potentially could prohibit special events from taking place. Additional comment concerning this subject has been received from Catie and Jim Bishop who are residents of this area. In response to these concerns and comments, staff recommended and the Planning Commission concurred with the permitting of Special Events in Butte County General Plan 2030 Draft Zoning Ordinance Text December 6, 2011 Page 12 of 28 24