Butte County Municipal Code § 24-31 Research and business park zone requirements

A. Public (PB). The purpose of the PB zone is to allow for public and quasi-public facilities that serve Butte County residents and visitors and enhance the quality of life within the county. Permitted uses in the PB zone include public and private schools; parks and playgrounds; community centers; interpretive facilities; public libraries; governmental offices; and police and fire stations. Uses permitted with the approval of a Conditional Use Permit include hospitals, cultural institutions, religious facilities, and large scale facilities such as dams and reservoirs, landfills, cemeteries and mausoleums, correctional institutions, major utilities, and other similar public works projects. The maximum FAR in the PB zone is one-half (0.5). The PB zone implements the Public land use designation in the General Plan.

B. Airport (AIR). The purpose of the AIR zone is to preserve and protect Butte County's airports by allowing land uses and activities that are typically associated with airport operations, and preventing the encroachment of incompatible uses. Standards in the AIR zone are intended to supports aeronautics-related businesses and services that benefit from or require proximity to an airport. Permitted land uses include unscheduled air carrier facilities, charter aircraft operations, aircraft sales and service, aircraft storage, sale of aviation petroleum products, pilot lounges and airport offices, and other similar uses. Airport-related uses typically associated with scheduled air services, or that may not be appropriate in all locations, are permitted with the approval of a Conditional Use Permit. Land uses that serve visitors to the airport and the general public, such as retail, services, and restaurants, are also permitted with the approval of Conditional Use Permit. The maximum FAR in the AIR zone is one-half (0.5). The AIR zone implements the Industrial land use designation in the General Plan.

C. Research and Business Park (RBP). The purpose of the RBP zone is to accommodate the development of high quality, extensively landscaped, and well-maintained commercial and light industrial projects in a campus-like environment. Permitted land uses with approval of a Master Development Plan include research and development, business/professional corporate headquarters, and light industrial and manufacturing. Retail, services, and clustered residential uses are permitted as accessory uses. Development within the RBP zone is subject to detailed standards relating to site planning, building design, and landscape design. Prior to development occurring in the RBP zone, a Master Development Plan shall be approved by the Planning Commission that establishes a detailed plan for proposed buildings, uses, and site improvements. The maximum FAR in the RBP zone is one-half (0.5). Residential uses are permitted when clustered. The RPB zone implements the Research and Business Park designation in the General Plan.

D. Planned Development (PD). The purpose of the PD zone is to allow for high quality development that deviates from standards and regulations applicable to other zones within the county. The PD zone is intended to promote creativity in building design, flexibility in permitted land uses, and innovation in development concepts. The PD zone is also intended to ensure project consistency with the General Plan, sensitivity to surrounding land uses, and the protection of sensitive natural resources. The PD zone provides land owners with enhanced flexibility to take advantage of unique site characteristics to develop projects that will provide public benefits for residents, employees, and visitors to Butte County. This zone is not identified in Table 24-29-1 (Permitted Land Uses in Special Purpose Zones) as it is intended to allow for a variety of uses and development, refer to Section 24-32 (Planned Development Zone Requirements) for further discussion.

(Ord. No. 4062, § 1, 9-10-13)

A. Permitted Uses in the PB, AIR and RBP Zones. Table 24-29-1 (Permitted Land Uses in Special Purpose Zones) identifies land uses permitted in the PB, AIR, and RBP zones.

B. Permitted Uses in the PD Zone. Permitted land uses shall conform to the land uses allowed by the applicable General Plan land use designation. Planned Development zoning is allowed in the Residential, Commercial and Industrial zones.

TABLE 24-29-1 PERMITTED LAND USES IN SPECIAL PURPOSE ZONES [1] [2]

Notes:

[1]

See Article 42 (Glossary) for definitions of listed land uses.

[2]

Standards in the Zoning Ordinance that apply to specific uses are identified under the column "Applicable Regulations," defined under Section 24-8G.5, and are intended to direct the reader to a section that is related to the use.

[3]

Permitted only as an accessory use. The maximum number of units shall not exceed one (1) unit per acre of gross project area.

[4]

Square footage shall not exceed one (1) percent of the floor area of a parcel or the total floor area of the entire research and business park. Uses may be developed only after twenty-five (25) percent of the approved research and business park floor area is built out, unless the use is operated by and included in the building of a primary permitted use.

[5]

Use shall be owned and operated by governmental agencies or recognized 'not for profit' agencies. Privately owned, for-profit facilities are prohibited.

[6]

Agricultural Wind Energy Systems are not allowed in any Special Purpose Zone.

(Ord. No. 4062, § 1, 9-10-13; Ord. No. 4091, § 1, 1-27-15; Ord. No. 4094, § 7, 4-21-15; Ord. No. 4134, § 1(Att. A), 9-26-17; Ord. No. 4159, § 1(Att. A), 3-26-19; Ord. No. 4161, § 1(Att. A), 5-7-19; Ord. No. 4197, § 7, 1-12-21; Ord. No. 4225, § 1, 1-24-23; Ord. No. 4244, 4-23-24)

A. Parcel Size and Density.

1. Table 24-30-1 (Parcel Size, Residential Density, and Intensity Standards for Special Purpose Zones) identifies the parcel size, density, and intensity standards that apply in the PB, AIR, and RBP zones.

2. Residential density and intensity standards in the PD zone shall be as allowed by the applicable General Plan land use designation. Parcel size standards in the PD zone shall be as specified in an approved Development Plan as described in Section 24-32 (Planned Development Zone Requirements).

TABLE 24-30-1 SITE SIZE, RESIDENTIAL DENSITY, AND INTENSITY STANDARDS FOR SPECIAL PURPOSE ZONES

B. Structure Setbacks and Height.

1. Table 24-30-2 (Setback and Height Standards for Special Purpose Zones) identifies structure setback and height standards that apply in the PB, AIR, and RBP zones.

2. Structure setback and height standards in the PD zone shall be as specified in an approved Development Plan as described in Section 24-32 (Planned Development Zone Requirements).p

TABLE 24-30-2 SETBACK AND HEIGHT STANDARDS FOR SPECIAL PURPOSE ZONES

Note:

[1]

Buildings on corner lots in special purpose zones shall be designed to provide for adequate and safe sight distances for vehicles at adjacent intersections as approved by the Director of Public Works.

C. Additional AIR Zone Standards.

1. Performance Standards. Any use that is not primarily aeronautic in nature shall not produce glare, heat, noise, or odor above ambient levels at the property line.

2. Building and Development Standards. All structures shall be designed and constructed to limit indoor noise levels to no greater than forty-five (45) decibels during aircraft operation.

3. Minimum Requirements for New Airport Zones. Sites proposed for AIR zoning shall demonstrate that the site can meet all the permitting requirements of the California Department of Transportation, Division of Aeronautics.

(Ord. No. 4062, § 1, 9-10-13)

A. Design Standards. All development within the RBP zone shall comply with the following design standards. Compliance with these standards may be modified through the Master Development Plan review process, described in Subsection B below. Development within the RBP zone shall also be subject to all other applicable development standards contained in the Zoning Ordinance, including but not limited to standards for parking, signage, and landscaping.

1. Site Design.

a. Development shall be sensitive to viewshed preservation for nearby properties within and beyond the business park.

b. Parking lots shall not be a visually dominant site feature when viewed from adjacent streets. Large expanses of parking lot surface are to be avoided in favor of smaller amounts.

c. Employee parking areas shall be separated from streets by structures unless unusual site conditions require an alternative configuration.

d. Where parking lots are visible from streets, parked vehicles shall be partially screened with perimeter landscaping or landscaped earthen berms that do not interfere with sight distance at driveways and road intersections.

e. Plazas and courtyards, protected from weather and nuisance factors (e.g., loading and service areas and mechanical equipment), shall be provided within each project for the benefit and enjoyment of employees.

f. Residential development intended to provide housing opportunities for employees may be provided within the RBP zone. The number of residential units shall not exceed one (1) unit per gross acre. Residential lots may vary in size but shall be no smaller than six thousand (6,000) square feet and no larger than ½ acre. Residential development and parcel layout shall be approved as part of the Master Development Plan.

g. A Subdivision Map (if a subdivision is proposed) application shall be submitted with the Master Development Plan.

2. Architectural Design.

a. All primary building materials shall be able to withstand local weather conditions with little or no degradation in appearance or function.

b. Large expanses of uninterrupted wall planes are prohibited where visible from a street or research and business park property line. Various techniques may be utilized to reduce the visual monotony of such vertical surfaces, including deep off-sets and recesses, windows, trellises, variations in colors and materials, and architectural detailing that creates definite shadow patterns.

c. The appearance of large, monolithic structure mass is prohibited. Where large footprint, rectilinear structures are necessary and appropriate, the perception of mass shall be reduced by breaking wall planes into smaller, connected sizes. Apparent structure mass can also be reduced by incorporating extensive tree screening.

d. Primary structure entrances shall be oriented toward the street.

3. Public Facilities and Utilities. All utilities shall be installed underground, with the exception of transformers which may be pad-mounted. Pad-mounted facilities shall be screened from off-site view using shrubs.

4. Grading, Drainage, and Erosion Control. Contour grading techniques shall be used to blend site grading into natural topography. Grading shall be designed to:

a. Conserve natural topographic features by minimizing the amount of cut and fill and by blending graded slopes and benches with the natural topography; and

b. Retain major natural topographic features, including canyons, knolls, ridgelines, and prominent landmarks.

5. Agricultural Uses and Environmental Resources.

a. Agricultural uses may be integrated into private or common open space or landscaped areas within a research and business park development.

b. Mature trees, creeks, rock outcroppings and other natural features shall be preserved and incorporated into business parks unless project objectives cannot be achieved without their removal.

6. Streetscape. Development in the RBP Zone shall provide a consistent streetscape theme addressing all elements of the streetscape, including plant materials, street lighting fixtures, street signage, and pavement material.

B. Permitting Requirements.

1. Master Development Plan Required. No development may occur within the RBP zone prior to the approval of a Master Development Plan. The Master Development Plan will serve as a comprehensive program that identifies the parameters and standards for the uses, design, and maintenance of all land within the RBP zone boundary.

2. Pre-Application Conference. An optional pre-application conference with the Department of Development Services is encouraged for all Master Development Plans.

3. Application Submittal and Review. An application for a Master Development Plan shall be filed and reviewed in compliance with Article V, Division 1 (Permit Application and Review) and shall, at a minimum, include all of the following materials and information:

a. A site development plan showing development parcels and their uses, building areas, vehicular and pedestrian access and circulation, open space areas, landscaping, and parking.

b. A statement identifying any requested modifications to the design standards identified in Subsection A above, and a description of the proposed method of administering and enforcing design standards and maintaining open space areas within the project.

c. Typical elevations that illustrate the range of permitted architectural styles for proposed buildings.

d. A schematic infrastructure plan (i.e., roads, sewer, water, storm drainage) showing size and availability of facilities and a description of necessary utilities.

e. A topographic map of the project site and land and structures within one hundred (100) feet of the project boundaries. The map shall be drawn to a scale of not less than one (1) inch equals one hundred (100) feet with a contour interval of five (5) feet.

f. Maps of existing and final slope depicting the following slope categories: zero (0) — five (5) percent, six (6) — ten (10) percent, eleven (11) — fifteen (15) percent, and sixteen (16) percent and higher.

g. A preliminary grading, erosion control, and drainage plan.

h. A biological resource assessment of the subject site by a qualified biologist including the location and species of trees over six (6) inches in diameter at breast height, habitat type, and the occurrence of any special-status species within the area.

i. A traffic study prepared by a qualified traffic engineer to assess current levels of service and needed improvements of both on-site and off-site roads. The study shall also evaluate pedestrian and bicycle opportunities, transit, and unique characteristics of the vehicle mix.

j. A description of project phasing, if applicable.

4. Specific Plan Permitted. A specific plan, as identified in Section 65450 et seq. of the California Government Code, or a development agreement pursuant to Article 40 (Development Agreements), may be used by the applicant to fulfill the requirement for preparation of a Master Development Plan.

5. Public Notice and Hearing. The Planning Commission shall hold a public hearing on the application for a Master Development Plan in compliance with Article VI, Division 2 (Public Notice and Hearings).

6. Findings. The Planning Commission may approve an application for a Master Development Plan only if all of the following findings can be made:

a. The Master Development Plan is consistent will all standards and regulations that apply to the RBP zone as well as all other applicable standards in the Zoning Ordinance.

b. The Master Development Plan complies with applicable standards in the Zoning Ordinance, other County ordinances, the General Plan and any other applicable community or specific plan.

c. The location, size, design, and operating characteristics of the research and business park will be compatible with existing and future land uses in the vicinity of the project site.

d. The research and business park is properly located within the county and adequately served by existing or planned services and infrastructure.

e. The Master Development Plan carries out the intent of the RBP zone by providing for high quality, extensively landscaped, and well-maintained commercial and light industrial development in a campus-like environment.

7. Modifications Permitted. The Planning Commission may approve modifications to development standards for the RBP zone specified in Section 24-30 (Development Standards for Special Purpose Zones) during the Master Development Plan review process. A modification may be approved if it is determined that the modification meets the intent of the RBP zone, would result in a superior development or results in a comparable outcome, and would not result in greater impacts on surrounding properties or the environment in general.

8. Master Development Plan Amendment Process. Modifications to an approved Master Development Plan shall be approved as specified in Section 24-246 (Changes to an Approved Project).

9. Relationship to Subdivision Process. A tentative parcel map or tentative subdivision map shall be submitted and processed concurrently with a Master Development Plan.

10. Administrative Permit Process.

a. Once a Master Development Plan has been approved by the Planning Commission, the Zoning Administrator shall grant Administrative Permits for any use or structure consistent with the Master Development Plan. A building permit or grading permit shall not be issued until an Administrative Permit has been approved by the Zoning Administrator.

b. The Zoning Administrator shall determine that all uses and development standards are consistent with the approved Master Development Plan and within the scope of the environmental review and determination for the overall research and business park. The Zoning Administrator shall also verify that the applicant has received design review approval by the research and business park property owners association or other established entity, as applicable. The CC&Rs, as required in Subsection 11 below, shall be submitted for review and approval.

11. Deed Restrictions.

a. Where multiple owners or parcels are included, deed restrictions, or covenants, conditions and restrictions (CC&Rs), administered and enforced by a property owners association, shall be submitted as part of the Administrative Permit process. CC&Rs shall be reviewed and approved by the Zoning Administrator and County Counsel to assure conformance with the master development plan. All uses within the research and business park shall adhere to the recorded CC&Rs.

b. CC&Rs shall give particular attention to administration and enforcement of design guidelines and to maintenance of common open space and landscaping.

(Ord. No. 4062, § 1, 9-10-13)

A. General Rezoning Requirements. In addition to the requirements contained in this section, the rezoning of any parcel to Planned Development (PD) shall comply with the requirements for a Zoning Ordinance Map Amendment as specified in Article VI, Division 6 (Zoning Ordinance Amendments).

B. Minimum Parcel Size. The minimum size of a site proposed for rezoning to the PD zone is three (3) acres.

C. Pre-Application Conference. Prospective applicants are required to request a pre-application conference with the Department of Development Services before completing and filing an application for a PD rezoning. At the pre-application conference, prospective applicants shall describe the general concepts of the development project, including site layout, land uses, building height and bulk standards, circulation, and other information necessary to describe key aspects of the project. The Department of Development Services shall provide preliminary feedback on the described development project relative to project consistency with County policies. The Department of Development Services shall also review with the prospective applicant submittal requirements for a PD rezoning and the process for application review and action by the Planning Commission and Board of Supervisors.

D. Application Submittal. An application for a PD rezoning shall be filed in compliance with Article V, Division 1 (Permit Application and Review). The application shall include the information and materials specified in the Department of Development Services handout for Zoning Ordinance Map Amendments, in addition to the following materials:

1. Project Description. The applicant shall provide a written description of the project proposed within the PD zone. The project description shall include a narrative statement of the project's objectives and a statement of how the proposed project will comply with General Plan goals and policies for the land use designation of the project site. The project description may also include a diagram illustrating the proposed project.

2. Site Map. The application shall include maps depicting the existing topography, on-site structures and natural features, mature trees, and other significant vegetation and drainage patterns. The map shall show the proposed PD zone boundaries and all properties within three hundred (300) feet of the site boundary. The map shall be accompanied by a description of the type and condition of mature trees.

3. Parcel or Subdivision Map. If the project within the proposed PD zone involves the subdivision of land, the application shall include a tentative parcel map or tentative subdivision map as required by Chapter 20 (Subdivisions) of the Butte County Code.

4. Infrastructure. The application shall include a written description of the infrastructure necessary to serve each phase of the project proposed within the PD zone.

5. Public Facilities Financing Plan. If the proposed project will not be adequately served by existing public infrastructure and facilities or through the adopted countywide impact fee program, the application shall include a public facilities financing plan that identifies the needed public improvements and establishes a plan to pay for and develop the required public improvements.

6. Open Space Summary.

a. The open space summary shall include the amount (in square feet or acres) and percentage of site area that will be provided as total open space, private open space, common open space, and usable open space, as applicable. The summary shall also include a description of all open space areas, including proposed recreational facilities and amenities.

b. In residential PD projects, not less than twenty-five (25) percent of the residential portion of the project shall be utilized for purposes other than residential dwellings and paved areas for vehicular uses. No less than forty-five (45) percent of such twenty-five (25) percent shall be utilized for recreation or park areas available for use by all residents. The same criteria for open space area shall apply to agricultural PD projects which may or may not include residential uses. For industrial or commercial PD projects, not less than ten (10) percent of the project shall be developed as landscaped areas.

7. Development Plan. The application for a PD rezoning shall be accompanied by a Development Plan that includes the following information about the project proposed for the PD zone:

a. Land Use. The Development Plan shall include a map showing the location of each land use proposed within the site, including open space and common areas. The land use map shall be accompanied by a narrative description of permitted land uses, allowable accessory uses, and uses allowed with a Conditional Use Permit.

b. Subdivision Regulations. The Development Plan shall include a Subdivision Map (if a subdivision is proposed), including minimum parcel area and minimum parcel dimensions.

c. Circulation. The Development Plan shall include a map and narrative of the major circulation features within the site, including vehicular, bicycle, and pedestrian facilities, as applicable.

d. Development Standards. The Development Plan shall identify development standards for all structures within the site, including, but not limited to, density, setback, structure height, site coverage, and parking requirements.

e. Design Guidelines. The Development Plan shall include design guidelines pertaining to development features such as landscaping; building materials; fences, walls and screenings; and open spaces.

E. Planning Commission Review and Recommendation.

1. The Planning Commission shall hold a public hearing on the PD rezoning application as required by Article VI, Division 6 (Zoning Ordinance Amendments). The Planning Commission shall consider the full PD rezoning application at this hearing, including the Development Plan.

2. The Planning Commission shall forward a written recommendation, and reasons for the recommendation, on the proposed PD rezoning and Development Plan to the Board of Supervisors. The recommendation shall be based on the findings in Subsection G (Findings), in addition to the Zoning Ordinance Map Amendment findings specified in Section 24-275 (Findings and Decision).

F. Board of Supervisors Review and Decision. Upon receipt of the Planning Commission's recommendation, the Board of Supervisors shall conduct a public hearing and either approve, approve in modified form, or deny the PD rezoning and Development Plan. The Board of Supervisors may approve the application only if all of the findings in Subsection G (Findings) below can be made, in addition to the Zoning Ordinance Map Amendment findings specified in Section 24-275 (Findings and Decision).

G. Findings. The Board of Supervisors may approve an application for PD rezoning with accompanying Development Plan only if all of the following findings can be made:

1. The proposed development is consistent with the goals, policies, and actions of the General Plan and any applicable specific plan and community plan.

2. The site for the proposed development is adequate in size and shape to accommodate proposed land uses.

3. The site for the proposed development has adequate access considering the limitations of existing and planned streets and highways.

4. Adequate public services exist or will be provided to serve the proposed development.

5. The proposed development will not have a substantial adverse effect on surrounding property and will be compatible with the existing and planned land use character of the surrounding area.

6. In coordination with the applicable school district, the proposed development shall dedicate adequate and appropriately-located land for school district facilities that are needed to serve residents within the project.

7. The proposed development carries out the intent of the PD zone by providing a more efficient use of the land and an excellence of site design greater than that which could be achieved through the application of established zoning standards.

H. Ordinance Approving the Development Plan. If the Board of Supervisors approves the establishment of a PD zone, it shall do so by adoption of an ordinance and adoption by reference of the Development Plan. The ordinance shall also include any other provisions that the Board of Supervisors finds to be necessary to constitute the regulations for use, property maintenance, and property improvement in the PD zone.

I. Effect of Development Plan. All proposed development and new land uses within a PD zone shall comply with the approved Development Plan.

J. Minor Modifications. Modifications to an approved Development Plan shall be approved as specified in Section 24-246 (Changes to an Approved Project).

(Ord. No. 4062, § 1, 9-10-13)