Loading...
HomeMy WebLinkAbout#1-4 ORIDINACES PLANNING (2)i AA 1 partici.paints and attendees, with the permission of the person or 'agency which has owner h" h or juridiction thereof; events of a type which are already permitted underan exi.stin g, valid use permit or are otherwise permitted within the applicable zoning ' district; or any festivities conducted under the auspices of a �y school district, recreation district, or a county memorial hall." ,Sec- 4. ion 12-26 ' '" of the Butte County Code is hereby amended to read as follows; 1! .lection 12-26.. Application for License and fee - Cantents. 10 It shall be unlawful for any individual panne chip or 11 corporation to operate, maintain, conduct, advertise, loll or 19- furnish tickets or other types of written authority for admission 13 to any outdoor festival in the unincorporated area of the County 14 of Butte, California, unless he, they or it shall first obtain a I-) licen5e frcm, the County of Butte to operate or conduct such 16 festivkl. 1. ,Application for a license to conduct an outdoor festival 18 shall 'be made in writing to the board of supervisors of the County of Butte; accompanied by a non-refundable application fee. of one hundred dollars ($100-00), Plus a fee of $300.00 for t 21 .. nvironmental review pursuant to section 12-26,1, and filed with � 22 he county tax col.lector and 'shall contain the following ":1 iriformation # t g 2 fl) The naMe, age, residence, mailing address and telephone dv.ber of the applicanti If the application is made by a "r partnership► the names and addresses of all general 1 shau 1� be - _ .. g partners � included. xf the: applicant is a corporation; the tyy -' ppl.ication shall be signed b the y president and attested to by w , �8 .the secretary thereof and sha14 contain the names and addresses 1af all corporate officers and a certified copy of the articles of !'Incorporation shall be attached to the application. The address )hand, telephone number of the principal plcce of business o� the 11,applicant shall also be included in the application, i (2) The location and legal description of the premises ,.here the outdoor festival is proposed to be conducted, including 11 land., to be used for, parking or other uses incidental to the 9;outdoox activity. The applicant shallsubmit proof of ownership ID�Iof said p:emises or the written consent of all owners thereof for 11khe proposed. use. II (3) The date or dates and the: hours during which the 131l estlVal is to be conducted. 4 (4) An estimate of the maximum number of spectators, 15 Participants and.other persons expected to attend the outdoor, 6,fe8tival and each day it is conducted,; rW (S) A detailed explanation of the appl,icatt's program and IS lans to provide security protection; water supply, food supply, IP. sanitation Facilities, medical facilities and services, vehicle 2ff parking space; vehicle access (including written permission of ro erty owners on any privately inaintained roads which will be d. for ingress ress or egress) and on and off- ,nny utilized g g site traffic 2.3 ontrol, fare protection and use and control of public address 21 systems if; it is proposed or expected that spectators or kit latticipants will remain at night or bvettight, the arrangements 26 or illuminating the premises and for camping or s'.mi'.lar 17 acilitleS, shall also be explained: The applican't's plans. to ' rovide for 'numbers of individuals in excess of the 6stiMatet and r h, !f rovision's for cleanup of the premises; and removal of� .rubbish 12 .';after the event has concluded, shall.. be included.., ;pA` (6) A detailed explanation of the applicant's plan for fPolicing the activity with particular emphasis on the control and 0 5 reventi,on of alcoholic and drug consumption, open fires, fire X11 rfprks and fire arms. `I Such. application shall be filed with the Butte County Tax jrollector at least ninety (90) days prior to the time indicated �j fox the commencement of the planned activity, The Tax Collector 111113ball review and submit such application to the Board of 111 %:O upervisors, and no license shall be issued by the Tax Collector 1-�until he is authorized to do so by order of the Board of �j 1.31,Supervisors at a regular. Meeting of the said Board. Section 12--26,1 is hereby added to the Butte County 15 'Code to read as follows' _ 1 I':5iec 12--.2 6.1. Environmental. Review: 17 Upon receipt of, a completed application for an outdoor estival permit, the tax collector shall refer the application to 94 he Planning Department, which shall review the application to �! � 20 determine whether or not the outdoor festival is a project wh h V ii.s cat exempt from the California Environmental Quality Vis, �dtj pursuant to Section 15304 (e) of the State Guidelines for 23 �mpiementatxloft of CtQA; as a minor temporary use of land and 7y a��i;ng iegl.igi bl.e or no permanent effect on the environment. if !I final determination is made that the outdoor festival is not ^ategor'ical';ly dxdmpt, then the Tax collector shall deny the 2 pplicationi, if a final determination is made that the outdoor 24 festival is categorically exempt; then processing of the r` I ( application shall continue. 6. Section 12-2.7 of the Butte County Code is hereby lamended to read as follows Rection 12-27. Same - Fixing Time for Hearing, Investigation and Report. Upon receipt of a complete application and the application !,,fee, the tax collector shall request the Board of Supervisors to ,set a time and date for a public hearing. The Board of Oupervisor,s shall set the application for a public hearing at a Y(r regular meeting of the Board of Supervisor's, not less than thirty (30) nor more than sixty (60) days thereafter, and shall give not less than ten (10) days written notice thereof to the �3 applicant. In addition, the clerk of the Board of Supervisors 14 shall give notice of the time, date and place of said hearing, )i incluAing_a general explanation of the application to be 16 considered and a general description of the area affected at (% least 1.0 days before the hearing in the following manner; I (1.) Notice shall be published at least once in a newspaper f general circtilation, published and circulated in the county; .20 (2) In addition, notice of the hearing shall be given b' Y a ail or delivery to all persons, ihcltid'ng businesses; --corporations or other public or private entities, shown on the last equalized assessment role as either owning real property -�within three hundred (3'00) feet of the property which is the 25 subject of the application, or owning one of the ten parcels of j =6teal property closest to the sub"ect.property, whichever results 27 ' n the most persons being notified, y� p give notice - the clerk of the Board of Su` ervisors shall e of FP the Sheriff, the andcapa esu of, the apply cations ear i.n ,,� L s.. ......,,.. t... the .h . ,.�..�«�. the Highway Patrol, the County Health officer,, "'California fire Director the County Director of Public works, the Plannir� whoWarden, ,and the Butte County Air 'Pollution Control Officer, `+ any :report in writing to the Board shall investigate the matter 6.,�f Supervisors not later than.. the time set for the hearing, with a 1?Proprate recommendations concerning conditions and issuance or A enial of the license. �, Section 12-28 of the Butte County Code is hereby 10 ended to read as follows; 11 Section 12-28 Same-Rearing. 11.1 The Board of supervisors shall consider the documentary and 1.1 testimonial ev%dence of witnesses presented at said hearings 14 including all reports of investigation and shall thereafter grant 17 he license i,,,14--hout conditions or with conditions which must be security from the applicant as. a 16 met, ij,dl. tdirug required ten that the condition will be met, before a license is 17 uaran I granted. are imposed by the Board, the applicant shall 1q If conditions o(j furnish or cause to be furnished to said Tax Cci,lector` proof that "I ll conditions have been met, and the required security has been even; before the license may issued by said Tax Collecto►. nti ` a be Security required b' the Board of Supervisors inay 23y include +) 1 'he posting of an indemnity bond and/or a performance bond in _ favor of tlhe Colcty in connection with the Oper 1 3on of an . 125 2Aut door festival as defined in this Article. Such bond Or bonds 27 hale. be prepared by a corporate bondinq compahy authorized to do ri usness in the State of California by the Department of rl fl' .... nsurance, in an amount determined by the Bo aid of Supervisors u of r utte County. Said bond or bonds shall indemnify the County of utte, its agents, officers, employees and the Board of uperv'isors of said County against any and all loss, injury and amage of any nature whatsoever arising out of, or in any way '�Ilconnected with, said outdoor festival and shall indemnify against ,':loss, injury and damage to both person and property. r{ The Board of Supervisors may also require that the applicant ';;provide a corporate surety bond prepared by a corporate bonding pompany, authorized to do business in the State of California, DIjindemnifying the County of Butte and the owners of property �-Ziladjoining the outdoor festival. site for all costs necessitated by D3;isuch activity to clean up and/or remove debris, trash, garbage or l=llotler Waste front, in and around the p7:emises. Such bond shall be Di1(4-n an amount determined. by the Butte County Board of Supervisors_ 16!;in its discretion to be adequate to provide for such w IT r'J.ndemnification ,i The Board of Supervisors may also requ%re the applicant to �f 19 "Obtain and maintain public liability and property damage =' Idnsurance in an amotint to be determined at the hearing 21 ,f 8. SFberability If any section, subsection or portion of this ordinance is .yh mor any reason held to be invalid or unconstitutional by the ` ecision of 'any court of competent jurisdiction, such decision hall not affect the validity of the remainingsections, Isubsections, or ptsrtions of this ordinance. The Board of -s supervisors hereby, decl.ax:es that it would have adopted this "r�rdinance and each section, subsections, or portion thereof; .r D 1 irrespective of the fact that any one or more section, � 0 subsections or portions be declared invalid or unconstitutional. 3 This ordinanceshall be and it is hereby declared to be in 1 full force and effect from and after thirty � y (30) days sifter the rj date of itspassage, and before the expiration of fifteen (15) days after its passage, this Ordinance shall be published once arith the names of the members of the Board of Supervisors voting Orovi11e for andagainst it in the Marcor a news a er �' i P P published in the'County of'Butte, State of California. lit) PASSED AND ADOPTED by the Board of Supervisors of the County l f Butte, State of California, on the 4th day of 4 ri�1 1990 y the following votez D, YES: Supervisors McIntUrf, Dolan and Ful tor; 14 40ESs None DSENT: Supervisorz Vercruse and McLaughlin Is OT VOTING Nene 17 c „ )' ED —R—AUGcLHLIN hai.rman Butte County Bard of Supervisors 49 .. TTES T •. Mt'IAM i4, RANDOLP,H hief Administrative. Officer �1 and Clerk of the Board 22 j i dIr ORDINANCE NO 2812 ;p AN ORDINANCE ZONING i A PORTION STATE OF CALIFORNIA, AN SR-1 OF THE COUNTY OF ,BUTTE DISTRICTCHAPTER 24.-29. , , PURSUANT TO (SUBURBAN RESIDENTIAL) k The Board of or Supervisors� the County Of Butte 2 � of California, under and pursuant tState o Chapter 24-29 of the Butte 3 I County Code of said County, DO ORDAIN 1iI as follows: 4 I SECTION 1. The hereinafter described area situatet the County of Butte, Statin c e of California, shall be and It is 0 hereby zoned as an SR-1 (Suburban Residential 7 District, and such. area _shall be subject to 1 acre parcels) restricted uses and regulationsthe restrict-ions ,and ' $' g Sec-:-',On 24L162. pursuant to Butte County Code 10 Said area so honed being located in the unincorporated ll area of Butte County, Durham more pa 12 follows.:rticularly described as :. 1 All that certain real property situate of Butte, State of Caliin,the County 14fornia, described as follows.: Lot 7 as shown on that certain map entitled. lb' Turners Second Subdivision "R.M. Township, Butte Count Colon ' ton 16 recorded in the office of th lif°rniany which mapIwas of butte, State of Califoof of the Count 17 Book B of Ma S rnia, an March 2, 1891, in described as follb0go Page 10, more pa,rticulI .$ ly Beginning at the SW corner of being the intersection of 'the N yid Lot _7; said Corner 9 and the centerline of T line of Burdick Roa urner Lane, d THENCE along a the Centerline of the Turner Lane, ,N 00°. 51' 41" W: a distance of 6664S6 ft. ; the cehterline of Turner thence leaving 22 distance of 528.00 Lane. 890 10' 59" distance of ftp; thence S 000 r� E, a 666 56 ft. to a 31 41 E, a 23 Burdick Road; thence aloh' point on the N line of S 896 10' 5g" W 9 the N line of Burd:.rk Road, 24 of beginning. Lance of 528.00 ft to the point a dis� 25 Containing 8.08 it :red . more or less, Durham. 26 `� I SECTION 2, This C I rdinance shall be and it is hereby 1 �, declared to be in full force and effect f rp 3 (30) days after the date of its rom and after thirty passage,: and before the 4 e expiration of fifteen (15) days after its passage` this P of with the names of the members �a Ordinance shall be published once i Supervisors voting a the Board;. of p for and against it. q in the Paradise; Post, a newspaper published in the County of Butte- 8 State .!,f California: 9 PASSED AND ADOPTED by the Board of Supervisors of the 10 + County of Butte, ,State oy f California, on the 23rd da o" 11 19:90 by the following vote: January _ 12 AYES: Supervisors Mclnturf, Fulton and Vercruse 13 NOES;' Supervisor Dolan I s 14 I ABSENT: Supervisor McLaughlin 15 NOT VOTING: None y z JANET j Vice'thairman 1 17� Butte County Board of Supervisors 18 ATTEST : WILLIAMH. , RANDG LPH, Ohie Administrative lg Officer and yClerk of the Board 20 'i By 21 i 1 ?2 2a 24 I 25 2s i ORDNANCE NO. 2808 AN ORDINANCE APPROVING A DEVL'i..t7I'MEN7 AGI2EadIIN'I' kOR CERTAIN REAL FROPER.TY LOCATED Vv= OF STATE HIGHWAY 70 APPROXWELY 1: M1E SKX� CF THE PALERMO ROAD44KZ-AVA.Y 70 kn ERSECITON; AND APPROXIMATELY Z150 FEET EAST OF THE I FEATHER RIVER. 2 r The Board of Supervisors of the County of Butte State ri � of 3 i! California, under- and , pursuant to Chapter ,242.9 of the Butte .County Code of said County, DO ORDAIN, as follows: SECTION 1. That the Development Agreement with Robinson 6 f f and Sons in the form attached. hereto as Exhibit A" and nco orated , incorporated 7 herein by this reference is approved;, this Board having found that 9 the provisions of the agreement are consistent with the Butte County General Plan.. 10 SECTION 2 The Chairman is authorized to execute the Development Agreement in the. form attached. P 13 SECTION; Following complete execution of the 14 Development Agreement, the Clerk of th%; Board of Supervisors shall 1 rtJcause a thereof 1 copy ereof to be recorded with the Butte County Recorder, 16 SECTION 4. This Ordinance shall be and it is hereby 3'7 declared to be itfullforce and effect from and after thirty (30) days after the date of its passage, land before the expiration of i 9 20 fifteen (15) days after its passage, this Ordinance shall be published once with the names of the members s of the Board of 22' Supervisors voting for and against it in the �, orovi l l e Mercury a l 23 newspaper published in the County of Butte, State of California: 24 PASSED AND ADOPTED by the Board of Supervisors of the 25 i 96 I 90 NOT COMPARED WITH ORIGINAL OCUMi N7 qu_U057�9 DEVELOPMENT AGREEMENT THIS AGREEMENT is made and entered into this 9th day of January, 1990? between Robinson and Sons, A General Partnership, (hereinafter referred to as "Property Owner"), and the COUNTY OF BLTITE, a political subdivision, organized and existing under the laws of. the Stare of California (Hereinafter referred to as "County"); WHEREAS: A. California Government Code §65865 provides that any County may enter into a development agreement with any person having a legal. or equitable interest in real proparty for the development of such. property. Every County may, by resolution or ordinance, establish procedures and requirements for the con sideration of development agreements upon application by, or on behalf of, the property owner or other person having a legal or equitable interest in the property. B. County has adopted rules and regulations establishing procedures and requirements for consideration of development agreements; and. Property Owner has requested County to consider entering into a development agreement pursuant to County's rules And regulations r 't•t.,, t]..tss. n:.:.:,.: n-_�� _� ir.._..r:.:..;.�:: t...� . General Plan; and D. On January , 9, 1990, the Board of Supervisors of County ariopted Ordinance No, 2808 approving the development agreement with Property Owner and the ordinance 'thereafter took effect on March 28 , 1°90. NOW, T-rIEREFORE, the parties hereto agree as follows: '- Y. Definitions In this Agreement; unless the context otherwise requires: A. "County" is the County of Butte. B. "Project" is the development, approved by the County. C. "Propert=y Owner" means the person having a legal or equitable interest in the real proper# described in . ,agraph 2 and includes the Proper `'c successor in interest. D. "Real Property" is the real xoperty referred to in Paragraph 2. 11, Description of heal Property. The real property which is the Subject of this Agreement is described. in Exhibit "A" attached hereto and mcorparated herein by this reference and also includes the off-site haul roads III;. Interest of PeoportvQwner Property Owner represents that he has a legal interest and/orequitable interest in the real property, vc1 M Assignment. The rights of the Property Owner under this Agreement may .not be transferred or assigned unless the written consent of the County is first obtained. V. Binding Effect of Agreement. The burdens of this Agreement bind and the benefits of this Agreement inure to the successors in interest to the parties to it. VI. Relationship of Parties. It is understood that the contractual- relationship between the County and Property Owner `is such that the Property Owner ns an independent contractor and not the agent of the County. VST:Count-,,,s Approval Proceedn s for Project, On January 9, 1990, the County approved a rezone for the property, Said amendment and rezone are contained in Pile 89-43A and. B, on file in the office of the Planning Department, VITT, Chah es in Project. No change, modification, revision or alteration may be made in this development agreement Without review and approval by those agencies of the County approving this development agreement in the first instance, A change, modification, revision or alteration in this development agreement is not effective until' the parties amend this Agreement to incorporate it IX. aEstabishini; Use and Progress Reportine, A. Progress Aenorts.until_construction of Project is Compiete. Property Owner shalf mAke reports of the progress in such detail and at such time as the Planning Commission of the County reasonably requests. B. Establishment of Use. For the purposes of compliance with this Agreement, the ' County's ordinances as well ll as the related Use Permit; Mining Permit and Reclamation Plan, the use shall be deemed established, if within one year of the date of issuance of said Use Permit, property owner has: (1) Obtained required State pe'6its, (2) Prior to Butte County signing the Use Permit and Mining Permit, submitted the performance bond required inSection XV, (3) Submitted a performance bondto be held until the site is completely roxlaimed and. applicant has applied for a General Plan Amendment to Public and Rezone to Resource Conservation. (4) Secured approved of a General Plan, Amendment Industrial, Rezone to M-2 and Development Agreement prior to validatii of� the Mining Permit. X. Effect of Transfer of Real Property to Another Jurisdtctlon:_ if all or a portion of the real property which is the subject of the Agreement is annexed to or otherwise becomes a part of a City or zribthur County; this Agreement terminates, 4 x l0 QCT. Hold 'Harmless. Property Owner agrees to and shall hold the County, its officers, agents, employees and representatives harmless from liability for damage or claims for damage for personal injury, including death and claims for property damage which may arise form the direct or indirect actions of the. Property Owner or those of hiscontractor, subcontractor, agen+ employee or other person acting on his behalf which relate to the Project. Property Owner agrees to and shall defend the County and its officers, agents, employees and representatives from actions for damages caused or alleged to have been caused by reason of Property Owner's actions which relate to the Project. This hold harmless agreement applies to all damages and claims for damaget suffered or alleged to have been suffered by reason of the actions referred to in this Section Xf, regardless of whether or not the county prepared, supplied, or approved plans or specifications or both for the Project and regardless of whether or not the insurance policies referred to in Paragraph. V, are applicable Property Owner further agrees to indemnify, hold harmless, pay' all costs and provide a defense for County in any action challenging the validity of the development agreement. XIL Inttitance. Before beginning work on the Project; property Owner shall obtain the insurance required under this paragraph and recr ve the approval of the Butte County Counsel as " -no amount and rapier. 5 v y Property Owner sly.±ll maintain the insurance at all times during the term of this. Agreement, The insurance shall extend to the Coin its elective. County, eivP and appointive boards, commissions, officers, agents, employees and representatives and to f'ae Property Owner. A. Worker's Compensation Insurance Property Owner shall require Worker's Compensation insurance for *all persons employed at the site of the Project. Property Owner shall require each contractor and subcontractor similarly to provide Worker's Compensation insurancef+;).r their respective employees. Property Owner agrees to Indemnify Ole County for damage i•esulttlg from his failure to tale out and maintain such i�osuranc. B. Public.liabiiity and nronerty damaQP insurance, Property Owner shall maintain public liability insurance in an amount not less than $10000,000,00 for Injuries J (including death) to any one person and, subject to the same limit for each person, in an amount not less than S3,000,000,o0 on �twmunt of any one occurrences and property damage insurance in the amoulit of .;,ij le.,, than $500,0004'00 for damage to f the property of each person on account of any one oc('11, •..Ante. C Evidence of [nstirance. Property Owner shall furnish County 'before beginning work on the Project satisfactory evidence of the insurance required and evidence r} that the carrier is required to q give the County at least.. 30 days ;prior Written notice of the cancellation or reduction in coverage of a policy: XIII. Specific Restricflor;�n_Development of Real Pronertys In addition to zoning classification, the following specific j, restrictions shall also govern the use of the property: A. Permitted uses are as follows a: (1) Mining, removal and storage of aggregate; (2) Accessory uses necessary to support miningand removal activities such as equipment storage, welding and scales, B. Site requirements are those listed in Sections 24-33 and 24-117 of the Butte County Zoning. Code as in existence on the date of this Development Agreement. C. Prior to commencement of mining operations, obtain permits from the following agencies andmeet their requirements or submit proof the agency has waived the permit requirements: 1. Butte. County Mosquito ,Abatement District. 2. ,Butte County Envirorunental Health, 3. State Reclamation Bayard. 4. Butte County Air Pollution Control District. 5, Butte County Department of Public Works, 6, Butte County Fire Department. D. Pond wall slopes to be engineered to ensure slope stability depending on the material compn6ing the pond wall, but in no case shall slopes be greater than 2:1z 7 E. Engineer ponds to carry the design capacity plus 100- l Y' e a r rainfall. +' F. No fiocculants permitted. G. Revegetate site with riparian species under the direction of The Department of Fish and Game. Various riparian tree species to be planted on 2.5 -foot centers. Leve etation g rprograrn to be inspected. yearly for at least an 80% survival rate. The plantings for the following year are to be adjusted either up to cover non -survivors or down if native species naturally revegetate. - H. Layout of the Y ponds to be in accordance with the site plan contained within the Mining Permit (shows a 100 -foot wide buffer area). In addition, rock; trees, and other vegetation within 50 feet of the easterly - toc: of the tailings are to be ` retained or the, extra 50 foot area will be used for pond dike area and replanted. I. All equipment to be equipped wic lifflers or other devices to minimize noise. J. All trees and vegetation taken out are to be removed from the project area: K The shoreline of the large pond; to be constructed and maintained. in. such a way as to prevent any shallow vegetated areas that would allow mosquito breeding, etc. (see ibitial study) 8 L Hours of operation including maintenance of equipment and haul road operations from 5:.00 a.m. to 9:00 p.m, Monday through Saturday, and may, be extended if a local emergency is declared by the Board of Supervisors. M No b) -sting will be allowed. N. Applicant must also comply with all other applicable State andlocal statutes, ordinances, and regulations. XV. Public Improvements, Facilities and Services: Property Owner agrees to provide the following public improvements, facilities and services: - A Prior to Butte County signing the Use Permit and Mining Permit, applicant to submit a $25,000.00 performance bond to guarantee the conditions of. the Mining Permit and Reclamation Plan through the life - of the project. The performance bond shall be reviewed bi=annually and - may be increased or decreased in accordance with the Engineering, News Record Construction Cost Index (ENRCCI). B. Performance Bond to be held until the site is completely, reclaimed and applicant has applied for a General Plan Amendment to Public and Rezone to Resource Conservation. C Access road to be subgraded with appropriate aggregate base to accordance with the Department of Public Works specifications. XVi. Effect of Agreement. on Land Use Regulations The rules, regulations and official policies governing permitted uses of the property, the density of the use of the real property, the design, improvements and construction standards and specifications applicable to development the real property are those rules, regulations and official policies in force at the time of the execution of this Agreement. This Agreement does not prevent the County in subsequent actions applicable to the real property from applying new rules, regulations and policies which do not conflict with those rules, regulations and policies applicable to property in effect, on the date' of the adoption of this development agreement: This Agreement does not prevent the County from denying or conditionally approving any subsequent development project application on the basis of existing rules, regulations and policies. XVII. Periodic Review of -Compliance with - reement A. The County shall review this Agreement at Least once every twelve-month Period from the date this Agreement is executed, B. During each periodic review by the County, the Property Owner is required to demonstrate good faith compliance with the terms of the Agreement, The Property ;Owner agrees to furnish such evidence of good, faith compliance as the County in the exercise of ' its discretion may require, Co Darin g the periodic review at the end of the forty»ttinth- year, the parties shall consider an extension of the term of this 10 Development Agreement, XVIII. Amendment or CancellatioZ of Agreement. This Agreement may be amended or cancelled in whole or in part only by mutual consent of the parties and in the manner provided for in Government Code Sections 65867, 658675, 65868, and 65869.5 as amended from time to time. XIX. Enforcement. Unless amended or cancelled as provided in Paragraph XVIII, this Agreement is enforceable by any party to it regardlessof any change` in the applicable general or specific plan, zoning; subdivision or building regulations adopted by the County which alter or amend the rules, regulations or policies governing.. permitted usesof the lana, density, design, improvement and construction standards and specifications. XX. Events of Default. Property Owner is in default tinder this Agreement upon the happening of one or more of the following events or conditions: A. If a material warranty, representation or statement made or f irn shod by Property Owner to tha County in connection with. the Project is false or proves to have been false in any material when it was made, B A finding and determination by the County made following a periodic review under the procedure provided for in goW—1 meet Code.. Section 65865A that upon the basis of substantial evidence the Property 1.1 . YI ; . h l Owner has not complied in p good faith with one or more of the terms or conditions of this Agreement. XXI. : Procedure. upon Default. A. Upon the occurrence of an event of default, the County may terminate or amend this Agreement in accordance with the procedure adopted by the County. y B. County does not waive. by implication any claim or .defect in performance by Property Owner if, on periodic review, the County does not propose to modify or terminate the Agreement. C Non-performance shall not be' excused because of a failure of a third person. D. That adoption of a law or other government activity making perforrna:tc. b�' the applicant unprofitable or more difficult or more. expensive does not e -.CUA f;,he performance of - the obligation ]rgation by the Property Owner: E Non-performance shall be excused only whe it is prevented or delayed by acts of God or an emergency declared 'by the Presiaeju or Governor. XXH. Kama es upon 'Term'ination In no event shall Prop -rty Owner be entitled to any damages against County upon termination of this Agreement: XXU Attorneys Fees and 'Costs 12 If legal action by either party is brought because of breach of this Agreement or to enforce a provision of this Agreement, the Prevailing party is entitled to reasonable attorneys fees and court =V. Porum. In the event, of an legal y g Proceedings: of any nature, all parties agree the only forum with jurisdiction is the Butte County f, Superior Court, located in Orovlle, California. XXV. Notices. All notices required or Q provided for under this Agreement shall be in writing and delivered in person or writ by, certified mail, postage prepaid.Notices required to be given to County shall be addressed as follows: County Administrative Office 25 County Center Drive Oroville, California 95965_ Notices requited to be given to Property Owner shall be addressed as follows: Dennis Robinson % Robinson Construction Co., Inca 4714 Pacific Heights Road Oraville, CA 95965 A party may change the address by .giving; notice in writing to the other party andthereafter notices shall be addressed and transmitted to the new address. XXVII }toles of Construction and Mlscellan0-us Term A. The singular includes the plural; the 'masculine gender includes' the 13 � I }t r a ACKNOWLEDGEMENT EXECUTED BY A'PARTNERSHIP Civil Code Section 11.90a State of California t County of Butte on thin 2nd day of March, 1990, before me on; behalf of Robinson arr" Sons, A General Partnership, personally appeared Dennis Robinson personally known to me to be the person that executed this 1pstrument, on behalf of the partnersh and acknowledged to vyt that the partnership executed it. P OFFICIAL SE:' �n -a CAROL ROACH r 4� may. NOTARY PUBLIC - CAL'. �,•/ BUTTE COUNTY My comm. exairos AUG 7, "I .2 e L r i - w2.i✓ s ACXNOWLEDU4E;IJf.>' EXECUTED BY A PUBLIC CORPORATION' AGEN CY. OR pOLTTTE!AT. ST.,)IVTSION (Civil Code Section 1191) OF CALIFORNIA) SS VfJNTY OF BUTTE ) On this 6th day of March 1990 before mee 1,40ghlin, personally known to me to be the person who rsowho e appearedxec..�ted this is inzltrumenL as Chairman, Board of: Supervisors of the County of Butte and w kj oWledged to me that the rouinty executedr Vit, OCFICSAL SEAL s' L; t CAROL POACH Carol Raach, Notary rVOCAR'f PUSL1C - CALIFORNIA BUM :.oulTY My comm. expires AUG 7, 1992 I, a feminine; "shall" is mandatory;' "may" is permissive. B. If a part of this agreement is held to be invalid, the, remainder of the Agreement is not affected. C If there is more than one signer of this Agreement their obligations are joint and several: D. The time limits set forth in this Agreementmay be extended by mutual consent of the parties in accordance with the procedures for adoption of an agreement: XXVIL 'Duration of Agreement: This Agreement shall expire fifty (50) years from the date of its adoption:_ IN WITNESS WHEREOF, this Agreement ha ,been executed by the parties on the day and year first above writton. ; ROBINSON & SONS A General Partnership By DENNIS ROBINSON, a General Partner COUNTY OF BUTTE ED MCLAUGHLIN, CHAIRMAN Butte County Beard of Supervisors A 0 0 I'M Approved as to form by County Counsel } Y 1 `a t ; ti EXHIBIT "Af+ P:4RCEL 1: BEGINNING at a point that bears N 610 14' 16" W 800.67 ft from SE corner of said Section 10 thence from said point of 'beginning the following 18 courses: S 70• 06' 09 W 556.72 ft; N Il' 50' 18" W 392.86 ft.: N 28° " 53' 42"' W 221.03 ft N 88. 24' 58" W 998.43 ft.; N 03° 48' 41" E 621.70 ft.; N 04• 38' 554 W 541.778 'ft., N 18° 27' 27" W 604X-1 ft; S 50. 56' 26" E 1140;61 ft:; N 60• 39' 06" E 354,07 ft4; S 53• 01' 36- E 673.58 ft.; S 32° 09' 20" W 401.06 ft; S 52• 51' 56" E x#34.07 ft., S 69° 28' ll" E 431,46 ft S 54• 00' 49" E 479.70 ft.; S 36' 20' 13" E 359.74 ft; N 68• 22' 24" W 557.48 ft; N 780 53' 18" W 108.46 ft: S 73• 35' 16" W 357,51 `ft: to the point of beginning. PARCEL 12: BEGINNING at a Department of Water Resources (DWR) monument stamped ORO -B -83-E that bears S 71• 04' 39" W 1425.94 ft from the NE corner of said Sectic.n 15; as shown and delineated on said map; thence from said point of 'beginning along the boundary of said Parcel 7 and said Parcel Oro -B-83` -B the following 2 courses: S 004 15' 01" E 3443.34 ft to a DWR monument stamped ORO -B -84-D- A; S 68' 18' 39" W 600.00 ft to as DWR ,rnonUment stamped ORO -B -83-C; thence the following 4 courses along the boundary of said Parcel OR0-B-83-B; S 43. 17' 49" W 437.88 ft to a 1/2 -inch iron pier with Plastic cap 'stamped DWR; N 63. 33` 24" W 286,41 ft.; N 45' 52' 14" W 386.75 ft, N 21• or 02" W 994,07 ft. to a cOncrete monument marking the SW corner of the. Mathews Lease; thence along the Math ;ws Lease the following 5 courses., S 85' 16' 17" E 762.07 ft to a concrete monument: N 18° 15' 30" E 11540,611 ft to a concrete monument: N 06' 45' 55" E 106 7.:18 ft to a concrete monument, N 87' 18' 56" W 500.24 ft to a concrete monument; N 06' 43' 27" E 646,51 ft: to a point on the N line of said Parcel 7 marking the NE corner of said Mathews Lease; thence S 89' 53' 07" E 217,87 ft. along said N line to a point marking the NE corner of said Parcel 7 thence the fallowing 2 courses L4ong the boundary of said Parcel 7; s 07. 24' 25" W 326.?1 ft. to a I)WR monument stamped OkO-$-83-E; S 76. 54' 0a" E 630.00 ft to the point of beginning, 4 , RDINANCE NO. 2807 AN ORDINANCE ZONING A PORTION OF "II IE COUNT' OE BUTTE, STATE OF CALIFORNIA, AN M 2 QiEAVy INDUSTRIAL) DI t ICIG PURSUANT TO CHAPTER 24-29. �- The Board f Supervisors of the Count o ° P } f Butte, State of 2 California under and pursuant to Chapter 24-29 of the Butte County '; Code ofsaid County; DO ORDAIN, as follows:' f SECTION 1. The hereinafter described area situate in tll County of Butte, State of California, shall be and it is hereby zoned. as an M-2 (Heavy Industrial) District, and such area shall bei 7` subject to the restrictions and restricted uses and regulations 8 pursuant to Butte Cmtgty Code Section 24-117. .0 Said area so zoned being located in the unincorporated area of Butte County, Oroville, more particularly described as 12 follows:- 13 � PARCEL l: 13EGINNING at 'a point that bears N 61° 14' 16" W 800.67 ft. from SE corner of said Section 10; thence 24 from said point of beginning the following 18 courses: S 706 06' 00 W 556.72 ftg N 1 50' 18" W 392.86 ft.; N 28 35 53' 42" W 221.03 ft.; N 880 24" 58" W 998,43` ft.; NO3" 48' ' ' 41" E 621.70 ft.; N 04° 38' 55" W 541,78 ft.; N l8° 27' 27" W 604.12 ft.; S 50° 56' VE 1140.61 ft,; N 60° 39' 06" E 17 854.07 ft,; 5 53° 01' 36" E 673,58 ft.; S 32" 09' 20" W' 401,06 ft; S 52° 51' 56" E 434:07 ft.4 S 69° 28' 11" E g, M? 431.46 ft; S 54' 00' 49" E479.70 ft S 360 20' 13" E ' 359.74 ft,; N 68° 22' 24" W 557,48 ft.; Is! 78° 53' 18" W 5 108.46 ftS 730 35' 16" W 357.;`:.- ft, to the paint of beginning. 20 ' PARCEL 2: BEGINNING at a Department of Water $ r Resources , (MR) monument f stamped ORO -13-88-E that bears S 716 04' � 22 39" W 1425.94 ft, from the NE corner of said. Section 15, as shown and delineated on said ma � thence from said, p-' ' l 23) Dint of b , p beginning along the boundary of said Parcel 7 and . Parcel Oro -)3-83-8 the following 2 courses. S OOe 15' 24, ° " 01" E 3443.34 ft. to a DWR monument stamped OkO-13-84-D- A S 68° 18' 39" W 600.00 ft to a DWR monument stamped 25 26 i — J "r ORO -B 83-C; thence the following 4 courses slang the j boundary of said Parcel ORO -B -83-B; S 43' 17' 49" W 437.88 i� ft, to a 1/2 -inch hon pin with plastic cap stamped D1N'R; ,r P� N 63° 33' 24" W 286.41 ft.; N 45 52' 14" W 38635 ft.; N 216 01' 02" W 994.07 ft. to a concrete monument marling the SW corner of the Mathews Lease thence along the 4 Mathews Tease the following 5 courses: S 85° 16' 17" E 5 � 762.07 ft. to a concrete monument; N 18° 15' 30" E 1540,64 ft, to a concrete monument; N 06° 45' S5" E 1067.38 fti to g a concrete monument; N 87 18' 56" W 500.24 ft. to a concrete monument; N 06° 43' 27" E 646.51 ft. to a point 7 on the N line of said Parcel 7 marling the NE corner of said Mathews Lease; thence S 890 53' 07" E 217.87 ft, .along said N 'line to a point marking the NE corner of said Parcel 7 thence the following 2 courses along the 9 boundary of said Parcel 7 S 07° 24' 25" W 326.21 ft, to 10 a DWR_ monument stamped ORO -B-83 r; S 76° 54' 00" E 630.00 ft. to the point of beginning. Containing 132 acres, more or less, Oroville. 12 Y SECTION 2. This Ordinance shall be and it is hereby 1 14 declared to be in full force and effect from arid after thirty (30) 15days after the date of its passage, and before the expiration of 16 fifteen (15) days after its passage, this Ordinance shall be t 17 published once ;,Yifh the names of the members of the Board of 1g lauipery cors voting for and against it in the Orovi Ll.e- Ierc,ury a 19 newspaper published in the County of Butte, State of California. 20 PASSED AND ADOPTED by the Board of Supervisors of the 21 County of Butte, State of California, on the 9th day of January , I 22 1990, by the following voter 23 24 Art: YVS� Supervisors Mclntu, Dolans Vercruse, Fulton andChairman IIclaughiin NOES: None 25 2� ABSENT,, None ,3 y - 5 I ti` 1 10 ORDINANCE No. 2 Y AN ORDINANCE ZONING A PORTION OF THE COUNTY OF BU' ,,"M, STATE OF PERSBRVE ZONE) DIS DC7 FURS AN TPZ-160 (TIMBER 29. DANT TO C � H[APTER 24 The Board of Supervisors of the County of Butte, State of California, 2 11 under and pursuant to Chapter 24-29 of the Butte County Code of said Count o Y, DU 3 �I ORDA W, as follows ' 4 i SECTION 1, The hereinafter described area situate in the County of , Butte, State of California, shall be and it is hereby zoned as an TPZ_1 5 60 (Timber Preserve Zone - 160 acre parcels) 'District, and such 7 area shall be subject to the ' restrictions and restricted uses and reguleitions pursuant to Butte. County my Code ' Section 24-190. 9, Said area so zoned being located in the unincorporated area of Butte 1� County, Cvhasset, more particularly described as follows: 12 bots 1 2, 3, 4, 5, 6 and 7, SE 1/4 of the W 1/4, S 1/2 of the NE I/4 the E 1/2 of the SW 1/4, the W 1/2 of the SE 1/4 of Section;G, T24N Z RSE, NE 1/4 of the SW 1/4, Sec. I7, T24N, R3E, SW 1/4 of the SE j 1/4 and SE 1/4 of the SW 1/4, Sec. 17, T24N, R3E, N 1/2 of the W 14 1/2 of the SE 1/4, Sec. I2 1 , T24N, R2E. 10 Containing 717.49 _acres, more: or less, Cohasset, SECTION 2. This Ordi 17 nance shall be and it is hereby declared to be in full force and effect from and after thirty rt}' (30) days after the date of its passage, ,and before the expiration of fifteen (l5) days after its passage, ths �.9! g,ii 20 Ordinance shall be published once with the harries of the members of the Board , �� j of r Supervisors voting for and against it in the Paradisost, a newspaper' u e P _F bushed in 22 the County of Butte, State of California I 23 PASSED AND ADOPTED by the Board of Supervisors of the 24 County of Butte, State of California, on the 22d day of -May , l 99t, the b. he 28 i following vote; 26 .,,`+c ORDINANCE NO. 2782 ST OR ZONING A PORTION pp+ THE C STATE` OF CALIFORNIA ' DISTRICT, , FR -20 OUNTY'OF BUTTE, {FOOTHILL RECREATIONAL) r PURSUANT TO CHAPTER 24-29. The Board o� j Supervisors of the Co d of California County of Butte, S, under and pursuant to Chapter 24-2y Of Late 3 l Count he Butte County Cade:. of said Count 4 Y, DO ORDAIN, as follows: !� SECTION 1; The hereinafter described area situate 5 the County of Butte'State Of in California,6 hereby zoned -shah be and as an it is FIS -20 be f Recreational 7 I parcels) Distract s. ZO acre and such area shall, be S restrictions and. subject to the restricted uses and Butte County - regulations pursuant to y Code. Section 24-112.6. 10 Said area so zoned being located in the Unincorporated 1? area of Butte ; County., Paradise, more Particularly cular) l2 y described as 1z All that cetain real t S tater` a1 14 - Butte Of Calif ornParty Situate in the County of • described as fohowsc All that land included, in Sections 4 and 15 MDB&M, as .3hawn kWhiteSorin s on that t 5r T21N R3Er fi 9 Estates „ , CE?r�a�n parcel map U 16 Anra.l 17 1975 , Which map was Official Records .in Book 52 52 of recorded on 37 of Bu��.e Count maps at page �4 particularly described as follows,Cal�"fornia, and more 18 BFIGINNING at the & 33 T22N section corner common to a R3E, and Sections 5 & Sections 32 19 N 89 14► 301i D 4t T219R3E said L" 2664942�ft.to the ; thence 20 the sectionncorner44 ecoe N 89° 171 1511 RN ll4 corner o common tp �f'�tlan5 r 2660.82 J-4. . to 21 R E, and Sections ,4 & 3 33 & 34 T2.,t NO thence 2682,78 ft to the L, T/4 R3E: thence ;S `0 43, S 06 431. " Wr 184 corner of come:: common 32 Section 4 22 to Sections 259X.26 ft, to the thence N 89° 4, 8 section 23 corker 4,1 02" W, 5350;55 9r & 10r T21N R3E common to Sections 4, 5 ft" to the sectio) thence along the W � �" e, & 9y x21N R ,r line Oi said Section 4., po7, 24 0 W, 21Sa 161 391 Wo 38 ft. hhe� e leading said tV 25 3740,76 2596,56 � ', Zine, S 89e 3 ft. to a poi.~t on the thence 1X430 301 1�� E thence b line o� said Section N 0 27 OP" W 400,00 ,ftg 26 of beginnin ane ne end of this descta the True Point 9 riptio)a, M Containing, 705.11 acres more or less; Paradise SECTION 2. This Ordinance shall be and it is hereby declared to be in full force and effect from and after thirty � R� 4 (30) days after th.edate of its passage, and before the 5 expiration of fifteen (15) days`' after it passage, this S ! Ordinance shall be published once with the names of the members 7 of the Board of Supervisors voting for and against 9 it in the 8 - Paradise Post, a newspaper published in the County of Butte,. 9 J State of California: 10 � PASSED AND ADOPTED by the Board of Supervisors of the 1-1 County or Butte, State. of California, on the 25th day of September 12 , 1989, by the following votes 1B i, AYES- Supervisors. Mcinturf, Dolan, UercrUse, McLaughlin and Chairman Fulton ,a 14 , NOES: None r 15 ABSENT None 16 .f NOT VOTING t (Vane 17 1 18�� LE FUL ON. k':A IlAN r k Butte County Board of supervisors 4} 20 f ksTEST WYL% AP1 R, RANDOLpx Chief Administrative Officer and Uerk of the Board 21 ,,1 2 24 ?5 26 ORDINANCE NO. 2772 r AN ORDINANCE ZONING A PORTION CF THE COUNTY OF BUTTE, ., STATE OF CALIFORNIA, AN M-1 (LIGHT INDUSTRIAL) i! DISTRICT, PURSUANT TO CHAPTER :"4-29: l The Board of Supervisors Of the County of Butte, State ;i of California, under and pursuant to Chapter 24-29 of the Butte County Code of said County, DO ORDAIN, as .follows: SECTION Y. The ��ereinafter described area situate in b 4� the County of Butte, State of California shalli be and it Is G hereby zoned as an M-1 (Light Industrial) District, and such w area shall be subject to the restrictions and restricted uses 8 and regulations pursuant to Butte County Code Section 24-11.4. 9'; Said area to zoned being located in the unincorporated 10 area of butte County, Chico, more particularly described as 12., fO CGr.7 12' Being a Portion of Section 2, T22n, RIE, NDB&M, more Particularly described. 15 as follows: 14 B00inning at as shown on the SE corner of Parcel 4 that certain map filed for record in Book ` 15 81 of Parcel. Pag Mans, at e 54 in the office of the Butte County , Recorder, said point of beginning °16 also being the S 1/4 corner of said Section 2 'thence leaving said point of beginning along the E Line of said Parcel 4 N 006 45' 19" W 923.85 fu thence 1eav,, n en id E line 17 48' 1,0192S 886 4" W; 1330.00 E line of Parcel 4 as shown on that certain ft filed 18 P d for record in Book 102 OA. f Parcel Maps, at Paoe 44 in the office of the Butte County;Recorder thence along the E line of said :parcel 4 19 N 00° 52' 05" 14, 395.00 + ft,; thence S 886 48' 14" W, 796.86 ft.; thence S 006 ;"zA 0, 05i; E X810.61 ft. to the SW corner of said Parce.L 4, 'said corner being located on the 21 S line of said ;section 2. thence talono said S ign, 0 N 89 ° 02 t 0,z" E, 2124.61 Y Point of beginni to the ng� Contains 52 . oo acres, es, more or less, Cr.aco. 93 2J 2 SECTION 2. This: Ordinance shall be and it is hereby 26 dedlared to be in full force and effect from and after thirty 26 00) days after the date of its passage, and before the YB I expiration of fifteen (15) days after its passage, this i ordinance shall be published once with the names of the members j BI 3 of the Board of Supervisors voting ,for and against it in the l 1` rParadise Post, a newspaper pub;Lshed in the County of Butte, 5 j State of California. g PASSED AND ADOPTED by the Board of Superviso-7s of the j 7 County of Butte, State of California, on the 15th day of August i g 1989 by the following vote AYES':Stpervisors Dolan, M,zInturf, McLaughlin, Vercruse and Chairman Vulton 2.0 NOES None t 11 ABSENT: Bone 12 NOT VOTSNG : None 'r 13 i LEN'T OHATRMrTT 114 : B�I'_tte County Board of Supervisors.,_ r 1.5 ATTEST: WILLIAM Hi RANDOLPH Chief Administrative 1 Officer and C erk of the Board 1`7J B x B 19 225 23 2 7Q, � ORDINANCE No, 2773. AN ORDINANCE APPROVING A DEVELOPMENT AGRE8ME NT FOR CE REAL PROPERTY LOCATED ON THE NORTH SIDE OF THO2NTREE DRIvEI, 600 FEET EAST OF COHASSET ROAD, NOR,"R CHICO. The Board of Supervisors of the County, of Butte, State { of California, under and pursuant to Chapter 24-29 of the Butte 33 County Code of said County, DO ORDAIN, as follows 4 r, .3 .p SECTION 1. That the Development Agreement with Thomas b P. Reed in the form attached hereto as Exhibit "All g and }' incorporated herein by this reference is approved, this Board 7 ! having ,found that the provisions of the agreement are consistent 8 I with the Buyte County General plan. g 4 SECTION 2. The Cha',i,rman is authorized to execute the 10 Development Agrement in the form attached. 11 SECTION 3 Following complete execution of the 12 Development Agreementthe Clerk of the Board of Supervisors perr isors 23 shall cause a copy thereof to be recorded With the Butte County14 Y 15 SECTION 4. This Ordinance shall be and it is hereby 10 declared to be in full force and effect from and alter. thirty 17 t3C1 days after the date of its passage, and before the ,' expiration, Of fifteen (15) days after its passage; this Ordinance shall be published once With the names of the 20P members of the Aoard o.� Supervisors Voting 4r g ui . and against it in the tritcrps Record �- ,.ria newspaper published in the Couanty of But:e j State of California. 23 PASSED m • � - • - .. .. , ...: AND ADOP„ED by the Board.of Supervisors of the 2h County of Butte ...State + of " California , on the ., i5th ...d<<y -o f '` 23 .August 19X19,- .by, the- iolloWin vo y `. brM 'AYES,4 S�iper�,r sore .Do n; MoIntttr i McL3tt Jilin r & i 0-rcr.tse and Chairman, j?ul.tbn 1 s F� ORDINANCE NO,. 2768 1 AN ORDINANCE AMENDING CHAPTER 24 OF THE BUTTE COUNTY ; CODE TO ALLOW WOOD LOTS IN THE A F $ DISTRICTS. -R, AND T --M ZONING I' The Board of Supervisors of the County of Butte, under and pursuant to Section 24-29 of the Butte County Code of said a 3 it COUnty Code ordains as follows; 4 i �' SECTION 1 -Section 24-21-451 of the. Butte County 'Code 5 is hereby added; 6 Wood Lots: An area or; par_ee2of land used for 7 splitting, sawing, bundling, storing and sale of firewood and 8 klf ndlina . The ,,, production or sale �f lumber is no, included in this definition however; mill ends or scrap lumber pieces may be t 10 sold on-site. f 11 3, SECTION 2 „ subsection (b) of Section. 24,-72, ,A--5 12 (1k9,i(7ultural) zone, is hereby amended to read as follows; 13 (b) Uses requiring ;use ermits The following uses 14 are permitted subject to «securing a use permit in each case=; ; �5 (1) Golf courses and country clubs; 16, (2) public or quasi"public uses including churches, -17 firehouses, hospitals and clinics, parks a1nd 18 p laygrounds, schools, public 'utiltyiuildings 19 (3) Seareaatioa, of homesites, pursuant to the. U requirements of Section 24~-54 () Segregation of agricultural processilig uses, 22 pursuant to the requirements 'of Section 24=-55 23 (5) Mining, quarrying, commercial excaraEon and mood ,24 processing plants including tscod lots : 1 25 AM 9i I (b) Public tasting rooms in conjunction with a winery, provided that such tasting zoom be � considered accessory to the on-site winery. f 4 SECTION 3 Subsection (a) of Section 24-75, A-10 5 (Agricultural) Zone is hereby amended to read as follows; O s Uses perm ted: 7 (1) one single-family dwelling per parcel, 3nclud,ng mobile homes; (2) General agricultural farming, horticulture, 10 commercial livestock, poultry production, growing 11 and harvesting forestry products, warehousing and 1 1 storage; i i� (3) ,Accessory buildings and uses pertinent to the 1 permitted uses, including agricultural processing 1 plants.: 1S' (4) Housing facil,Lties ( including trailers) to accommodate only employees and their ;families l 18 employed by the owner or operator of the 19 premises; ana" : provided further that such housing 2 facility shah, be considered accessory to the 21 �� main build�.ng anti shall conform to the provisions 22 i „ pertaining tt recrui'red yard and open space fo+ dwellings; z (5) Mining, quarrying;o commercial excavation and wood ptocess,ing plant's for wood grown on-site. 25 (5) imat hg rnd fishing camps, including those which -'� s �a I accommodate recreational„ vehicles and travel 2 i trailers, providing that said recreational Vehicles and travel trailers shall. not be used 4 for year-round occupancy, 5 (b) Uses recruirinc use permits. Tile following uses 6 are permitted subject to securing a useermit p in each case; 7 (1) Segregation of homesites I Pursuant to the II 8 requirements of Section 24--54 1 5 (2) Segregation of agricultural processing usos; 10 pursuant to the requirements of Section 24-55; 11 (3') Public tasting rooms in conjunction with a' 12 winery; provided that .such tasting zoom be 13 considered accessory to the on-site winery. 14 (4) Wood lots l5 SECTIoN 4. StUbsection (a) of Section 24_76, A-15 16 (Agricultural) zone, is hereby amended as follows. ].% l ( . � one Sin �, g e -family dwelling per parcel; including 18 _ mobile homes; 19 (2) General agricultural farming, horticulture, zo commercial livestock �. _ poultry production'; grouting 91 and harvesting forestry products, warehousing and 22 storage; (3) Accessory budLdings and uses pertinent to the -24 Permitted uses, including agricultural .processing 25 Plants.; z5 (4) Housing facilities (ihi4.11ding trailers) to a r 1 '' accommodate only employees and their families I � employed by the owner or operator the u premises; and provided further that such housing r 4 facility shall be considered accessory to the main building and shall conform to the provisions g I pertaining to required yard and open space for i 7 dwellings; 8 (5) dining, quarrying, commercial excavation and wood g processing plarits for wood grown on--sit64 f, 10 (6) q Hunting and fishing camps, including those which ll accommodate recreational vehicles and travel 12 trailers, providing that said recreational 1 13 vehicles and travel trailers shall not be used 14 for year-round occupandy. 15 (b) 'Uses requiringuse hermits: The following u8es. 10 are permitted subject to securing a use permit in each case; 17 (1) Segregation o homesites,, Pursuant to the 18 requirements of Section 24--54 13 (2) Segregation g of a ric g ultural processing uses, 24 pursuant to the requirements of Section 24-S5 27: (3) Public tasting rooms in conjunction with a 2 winery, provided that such tasting roan be 9 considered accessory to the on-site winery,. 24 (4) wood -lots. 95 stctlox 54 subsection (a) of Section 24=7'8, A -LO 26 (Agricultural) Zone, is hereby amended as follows. 4 One single-family dwelling per parcel, including 2 `( mobile homes; (2) General agricultural farming, horticulture, M I 4 commercial livestock; poultry production, growing R sl and harvesting forestry poducts, warehousing and { 6 storage; (3) Accessory buildings and uses pertinent to the permitted uses including agricultural processing x plants:; 13E (4) Housing facilities (including trailers) to � a a cc omcnod ate only employees and their families 1 employed by the owner or operator of the x 2..3 - premises; and provided further that such housing lafacility shall be considered accessory to the 15 Man building and shall conform to the provisions 16 peetaining to required yard and open space for 17 dwellingz 18 (.5) Mining, quarrying, ' a� excavat:,commercial c ,,on and wood 19 processing plants for wood groWn on- Lits=. 20 (6) Hunting and fishing camps, including triose ''which �l accommod,iAte recreational vehicles and travel trailers, providing' that said recrehtional, 2 3 'vehicles and travel trailers shall not be used 2 for year-round occupancy, 25 (b i Uses_. recrulring use, permits i The following uses 2s are permittee subject tb S E' curing a use permit in each case; c 5 (1) Segregation o homesites pursuant to the 1' requirements of Section 2.4-54; } (2) Segregation.of agricultural processing uses, pursuant to the requirements of Section 24-55- (8) 4 55(3) Public tasting rooms in conjunction with a winery, provided that such tasting room be a considered accessory to the on-site winery. (4) wood lots. SECTION6. Subsection (a) of Section 24-81 A-40 (Agricultural') Zone, is hereby amended as follows: (1) One single-family dwelling per parcel, including mobile ;homes; (2)' General agric-dtural farming, horticulture, commercial livestock, poultry production, growing and harvesting forestry products, warehousing anc storage - i (3) Accessory buildings and uses pertinent to the permitted uses, including agricultural, processing' � plants:; (4) dousing facilities (including trailers) to acconvoodate only employees and their families employed by the; owner or operator of the premises; and provided further that such housing facility shall be considered accessor+? to the. main builditng and shall conform io the provisions pertaihng to required yard and open' space for II J y dwellings 2 , k� (5) Mining, quarrying, commercial excavation and wood j 3 processing plants for wood grown on-site, 4 (6) Hunting and fishing camps, including those which 5 31 accommodate recreational vehicles and travel j 6 trailers, providing that said recreational 7' vehicles and travel trailers shall not be used; g for year-round occupancy, 9 i (b) Uses recnAri.ng use permits: The following uses I 10 are permitted sLbj ecrt to securing a use permit in each case: (],) Segregation_ of homesites, pursuant to the requirements of Section 24-54 l3 (2') Segregation of agricultural processing uses, 14 pursuant to the requirements of Section e 1'S 241-55 18 (3') Public tasting rooms in conjunction Witt, a ' 17 Winery, provided that such tasting room be 2:8 considered accessory to the on-site winery., 19 (4) Wood lots, 20 SECTION 7. Subsection (a) of Section 24--84, A-160 21 (Agricultural) Zone, is hereby amended as follows: 22 (a) ,Uses permitted: 23 (1 One ;single-family dwelling per parcel,, including 24 mobile homes; 25 (2) General agrictrltural farming, horticulture, 2S cottitnercial livostbdk, poultry production; growing Y i „ pg and harvesting forestry products, warehousing and 2 storage; u �t (3) Accessory buildings and usespertinent to the l 4 �,�ermitted uses, including agricultural processing 5 �I plants . ; g (4) Housing facilities (including trailers) to 9 7 accommodate only employees and their families g employed by the owner or operator � the 9 premises; and provided further that such housing 10 facility shall be considered accessory to the ].l main building and shall conform to the provisions l pertaining to required yard and open space for I3 14 (5) 24#4n.ing, quarrying, commercial excavation and "wood .15 processing plants for wood grown on-site. ].6 (6) Hunting and fishing camps, including 'chose which 17 accommodate recreational vehicles and travel it trailers, providing that said recreational 19 vehicles and travel trailers shall not be used 20 for year.=round occupancy, 21 (b) Uses reriuirinc use permit ,- : The following uses 22 are permitted subject to securing a use permit in each case: 25 (1) Segregation of hom.�--site8, pursuant td the 24 requirements of SectiOn 24-54;_ 25 (2) Segregation of agricultural processing uses; 25 pursuant to the requirements of Section 24-SS- i i t} ,i (3) Public tasting rooms in conjunction with a GJiner it Y, provided that such tasting room be f ,i considered accessory to the on-site winery. A (4) woad lots. i f i SECTION 8, Subsection (b) of Section 24-111.5, r FR- 1 6 (Foothill Recreational) Zane; is. hereby amended as follows (b) Uses reau1-1 I e ermits s The following 'uses � are 8•; Permitted mitted subject to securing a use permit in each case: 9; (1) Home occupations, mining and excavating which I 10 might be objectionable because of noise, odor, 11 smoke; dust, bright light; vibration, pollution, 1.2 traffic congestion,unsightly storage< areas, 15 materials or ecluipment the handlingr,f lay ryxpl.os ves or dangerous materials or the storage of one hundred100 ( ) ar more gallons or` flammable Le fluids; 3,7 g (2 ) Commercial fennels and animal hosbitals on sites 8 not less 'than five (5,) arses; 1 C 3) private or commercial outdoor recreational 0 !20 fE.ilities os t1tes not - less than .five (5) acres, 21 including, but 'not limited to, golf cour.,es,, 2,2 recreational clubs, riding academies and stables, r g 9 camps, boat ram' 23 r huntin lod es and tamp and 2,4 campgrounds; `c+ a�,pa 26 q(4`) 'Public quasiu�:„icinc;�ue3ing schools 26 parks, museums, meeting halls, libraries -and �� 9 I ;i 1 ' government offices. It 2 �� (5) Public tasting zooms in conjunction with a winery 3 �� on sites not less than five (5) acres, provided ! 4 that such tasting room must be accessory to the 5 �( on-site winery, ('6) Wood lots. i SECTION 9. Subsection (b) of Section 24-112, FR -2 S (Foothill Recreational) Zone, is hereby amended to read as y f (; follows: 10 (b) Utep requiring u!2 ermj:tsThe following uses I 11 i are permitted subj iect to securisig a usm.i permit in each case: n (1) Home occupations, mining and excavating which 13 m glat be objectionable because of noise,-, odor, 14 smoke, dust, bright light, vibrations; pollution, 15 t,ra:Efic congestion,, unsightly storage aY:e'as, 16 l l materials or equipment, the handling of 17 explosives car d'ari.gb ous materials or the storage 1S of One hundred (1,00)or more gallons of flammable 10 fluids; u0 (2) Commercial kennels and animal hospitals on sites z1 I�I� not less than five (5) acre: 22 (3) Private or cbmmel.cial outdoor recreza4ional.. 2_3 facilites on sites not lems than five (5) acres 24 including, but not limited to, golf c6ursesr 25 recreational clubs, riding academies and s.tubl.es, 26 hunting lodges, azld camj5s, boat tampst, and 1 . C a campgrounds; (4) Tlublic and quasi-public uses, including schools, 3 parks, museums, meeting halls, libraries and 4 if trovernment offices 6 5 � (5) public lasting rooms in conjuncl-- on with a a ;nery 6 on sites not lessthan five (5) acres, provided 7' that such tasting .room must be accessory to the a ren-site winery; 0 (6) hood lots 10 SECTS(J2v 1G. Subsection (t) of Section 24-112.05, FR-3 i 11 (Foothill Re tre,4tional) gone, is hereby amended to read as 8 19 follows; 13 (b) IJzes reaui-ins, Ut4e permits. The following uses 14 are perm;.#.ted silbj ect to securing a use permit in each case: 15 (1) liome bccupa wIsi mining and excavating which rh: i ht be o., 'a :.16 g t5.onable because of haise, odor.; 17 i bke, dust, bri-ht light, vibration, pol ltlt °on, 1� affic con est:ion, unci � 1$' r.' g unsightly storage areas, to t,iaterials or equiptfient the handling of � .. �-xolt) - ., sives or �. da n e , 20 � 9 �`ctz � material, or the sto,�� aQc. f Of one hundred (l0a) or more y gallons of flammable 22 fluids, 21 (2) tl�mmercial, kennels and animal hospitals on sites 24not less than fine (5) acres'; (''ivat 25 3) pi a or Commertrial outdoor recreational 26 j :�6dilitie-� on sates not less than Five (5) ac=res ; it ].1 i t ' z including, but not limited to, golf courses; ! recreational clubs, riding academies and stables, 3 a hunting lodges, and camps, boat ramps, and ' k ;, campgrounds; �I (4) Public and cruasi-public uses, including schools, k A parks, museums, meeting halls, libraries and 7 crovernmment offices; ' () Public tasting rooms in conjunction with a winery b on sites not less than five (5) acres, provided 3� that such tasting room must be accessory to the 21 on-site winery: a l (6) Wood lots: ' S:-:LTION .11.L Subsection ;(b) of Section 24-112.1, F$-5 13 (rbothill Recraational) Zone, is hereby aMerided: as follows ; 14 (b) Uses requiring use permits: The folloWiYIg uses l ¢ is are permitted subject to securing a use permit in each cast: (1;) Home occupations, mining and e=avating which 17g .fable because of noise.., odor, miht be objectionable 1$ , smoke, �.us�L , bright Zi ht, vibration, pollutioh, 9 g 1� tra:za-,.�c conq" ;,estibh, unsightly storage ureas, , 20 ' materials or eti, uApmenti the handliftg of 21 ekplosives or aanc' _:emus materials or the storage � �2 of one hundred (1 jo) or more, gallons of flaymmable 23 fluiaut itrS 2 Commercial,_ kennl�ls and animal hosnt tal.s en sites not less t:h.an fig e (5) adzes; 12 1 ::._..i.u..L._..r:....J ..rrw,r<,..,._.sq fn:..A.:.gw --v-.y �•,.a «•- ,;; .. .vv.,�.r..—.+H.-rv,.-wu+.n...-.. a.we., .r .-..ir. ,r .w_..r .,.... .. ,,, ...-y.. y, . .. `� ... .. -. >i 1. (3) Private or commercial outdoor, recreational 2 r, faciiitias on sites not less;' than five• (5) acres, 3 including, but not limited to, golf courses, recreational clubs,, riding academies and stables, b hunting lodges, and camps, P boat ramps, and campgrounds; 7 (4) Public and quasi -public uses including schools, 8 parks, museums, meeting halls, libraries and 9 government offices. + 10 (5) Public tasting rooms in conjunction v:.th a winery ll on sites not less `har, fives (5) acres, provided 12 that such tasting room Must be accessory to the j 13 en"site winery. 34, (6), wood lots. 15 SECTION 12. Subsection (b) of Section 24-112.2, FR -10 (F'oothill 16y Recreational:.) Zone, is hE.reb amended as follotas V7 (b) Uses reouiring use permits: The foll,oWing uses 7.$ ate permitted subj ec�. to securing a Uto permit in each case,: 19 I home occupations, shining and excavating which 20 ob ect a might: be ion<� j ble because of noise, agar, 21, smoke, dust, bright light, v.ibrat,on,palltt. ioh, 22 traffic congestion, unsightly ,•torage areas, 25 materials or eqWnment, the handling oy 2 explosives or dangerous Materials or the storage 26 of one haAdred or More gallons of flarrantble 26 1 fluids; f[ 1 � (2) Commercial kennels and animal hospitals on sites 2 not less than five (5) acres; (3) Private or commercial outdoor recreational 4" facilities on sites not less than five (5) acres, 5 including, but not 1,mited to, 0611 courses, 8 recreational clubs, riding academies and 'stables, 7 hunting lodges, and camps, boat ramps, and 8 campgrounds; g (4) Public and quasi --public uses, :Including schools, 1p 4 parks, museums, meeting halls, libraries and V 11 government offices. 2 ($) Public tasting rdoms in conjunction with a wi,•ier.y C 13 on 'sites not '.ess tbbh five;_ (5) acres, provided 1Q that such tasting room must be accessory to the 15 011 -site winery, 7.. 5 (6) wood lots � 17 8EC'TYON 1.3i. subsection (b) of Section 24.112.3, Vi,�-20 i is (Foothill. RecrEatonal,) .done, is hereby amended as follows: 1.9 (b) Uses rerntirin. 9 use permits . Tile:.. following uses 20 are permitted subject Co securing a use permit g p mit in oach caret 21 (1) Home or UP&tions, mining and excavating which 2 might be objectionable because of noise,, odor, 2 smoke, dust, bright light,, vibration, poll,, -tion, �t j traffic conge! tMi h, unsightly storage areas, 2 materials or equipment, the handling of 26 ekpl:osives ar dangerous Mater al.s ;or the storage 14 of one hundred (100) or more gallons of flammable 1 fluidsi y 17 " W "c () Commercial kennels and animal hospitals on sites not less than. five (5) acres; y ii (:) Private nr Commercial outdoor recreat' conal r t'aci1� �ies on sites not less than five (5) acres, 7 incl,ding 'but not limited to, 8 golf courses, recreational chubs riding academies and stables, 9' hunting lodges, and campt, boat , 10 ramps, and campgrounds; 11 (4) Public and quasi -public uses, including schools, 12 parks,m, iner`in useumsg halls, libraries and 13 aover�Zt offices, 14 (5) Public tasting rooms in conjunction with a winery 15 on sites not less than five" (5) 'acres, provided e 26 that such,-tastingroom must be accessory to the 1 1 7 on-site winery: 18� (b) Woad lots. 19� SECTION 14, Subsection (b) o �. Section 24-112,4, F3�-40 Cxoothil,t. Recreational,) none, is hereby, amenI aed as fol."Lows 21 � (b) Uses recruit n4. use hermits! the, following uses are ,2j permitted !subject to securing a use permit: in each case. ?3 C1) Home otcupationt mining and excavating Which 2C Might be objectionable because of no' a.se, odor, 25_� smoke, dust., bright 9 light, 'vibration, pollution, 28 '� 1 tri ffic congestion, Unsightly storage: areas, r y l J Now,.,., r" 1 lit materials or equipment, pment, the handling of #,0. n R explosives or, dangerous materials or the storage , of one hundred (10.0) or more gallons of flammable R 4 �f flL ids 5 j (2) Commercial kennels and animal hospitals on sites i 6 not .fess than five (5) ,acres, 7 (3) Privet: or commercial outdoor recreational 8 facilities oft sites not less than. 'Eive .(5) acres, 9 including,but not limited t'o .Solf courses, �.ti recreational clubs, riding academies and stables, g les,. hunting lodgez, and camps, boat ramps, and f 12 campgrounds; 13 (4) Public and quasi-public uses, including schools, JA: 1� parks, museums, meeting halls, libraries and 15 government offices: ( �,� (5) I ` ` g y Public tas;:zn rooms in conjunction with a winery on sites not less than five (5) acres, provide6' that such tasting ,room must be accessory to the 19 � on-site winery, r 24�I (6) Wood bats. 9 21# SECTION 15, Subsection (b) of Sectiah 24-112,8, FR- 160 (Foothill Recreational) Zone, is hereby amended as follows: 23 (b) Uses reCuir:ina use permits• the following uses 94are permitted subject to secUri.hg a use permit in each cases 25 (1) Home ocoupations, mining and excavating which 26I� i. might be ob76ctionable because of not e, odor, r l5 IN c t smoke, dust, bright light, vibration, poJ.J<uba.on,: traffic congestion, unsightly storage areas, r "�. materials or equipment, the handling of G, "a t explosives or dangerous materials or the storage of one hundred (100) or more gallons of flammable fluids; A(2) Commercial"kenne?s and animal hospitals on sites not less than five (5) acres; (3) Private or commercial outdoor recreational iG➢ facilities on sites not less than five (5) acres, " including, but not limited to, golf courses, 12 recreational clubs, ruling academies and stables, � � �zun min lodges, a gnd (;amps, , boat ramps, and 14; campgrounds; a Z� (4) Public and cruasi-public uses, including schools, 7.6 parks museums, meeting halls, libraries and l.r government offices, �� (5) Public tasting rooms in conjunct: cin with a Winery 19r on sites not less than fiveacres (5) - provided ` that such tast-ing room must be accessory to the 2� Ij on -site winett," kktl h� (6) Wood lots 23 SECTION 16 5ubsect �nw� ° " (b) of Sectidin 24=165, I'M•-1 ('Timbr' r MoiAnf.a3 ,s) Zone is hereby amended to to ,aad as follows 2 r# (b) Uses reayir _na The following uses ?g {j a'. a Viermitt66 subject to hist securinc a use Permit in each G �; 17 t. • t case: 2 (i) Residential uses other than on single-family j e dwelling per parcel or � one single-family dwelling F per one acro for TM -1, including labor camps, 5 } commercial guess lodging, g g, group quarters or 0 ng units at greater d dwelling densities; 7 (2) j Commercial wood processing plants including wood €3 lots 9 (3) Commercial kennels and animal hospitals 10 (4) Commercial livestock feed yards; (5) Animal product processing plants; lzl� (6) Mining; quarrying and ekcavating activi .ies which 13 11 might be objectionable by reason of noise; odor, 14 smoke, dust; bright light; vifirat , on, stream 25 pollution or handling of explosives or dangerous 16 materials; 17 ;7) Commercial boat ramps; docks and landing .c3 facilities; i9 (8) Aircra�t landing facilities; 27 (9) Disposal areas and sewage treatment facilities; L (10) Public and quasi -public uses - :including schools,,. parks , play grounds t recreational facilities, 23 utility system structures; meeting halls, 24 hospitals, libraries, museums, government affice,s 25 and siinila,', uses, 26 (;11 � ) �ri�t ate' or commercial outdoor recre..�tibh � 18 o '! facilities on sites of not less than five (5) I 2 ; acres, including country clubs, golf courses, p . a riding academies and. stables, hunting and fishing 4 I` camps and other clubs, and gun clubs and ranges; 5 (12) Public tasting rooms in conjunction with a winery f 6 on sites not less than five (5) acres, provided, 7 that such tasting room must be accessory to the r y 8 on-site winery, g SECTION 11. Subsection (b) of Section 24-16S TM -2 10 (Timber Mountain) zone, is hereby gmended as follows: s� 11, ( ) asps x zaz� L r ��� err.` is i The iux w:L Ig uses • 1 are permitted subject to first securing use permit in each I .»w � P 3 ease. 4,(1)Residential uses other than on single-family _: �- dwelling per parcel or one single-family dwelling 1 Per two acres; for TM -2 including labor camps, ., commercial guest lodging, group quarters or 28 dwelling units at greatei densities, •- l� (2) Cotmileftial wood processsng plants including wood ` lots. 20 2li(3) Commercial kennels and aminal hospitals; 22 (4) Commercial livestock feed yard> 2318 (5) Animal product processin g plans; { 24 j (5) :4ininr; quarrying and ektavat rig activities wh,.ch 25 � might be obj ectiollable by reason of noise, odor, 26 ii smoke, crust, bright light, vibration, stretm I� �u n r pollution or handling of explosives or dangerous �f materials; t } (7) Commercial boat ramps, docks and landing 4 F facilities- acilities;5 15 �� (p) Aircraft landing facilities; t i (9) Disposal areas and sewage treatment facilities; y 7 f (10) Public and quasi -public uses including sc'hool:s, i 8 parks, playgrounds, recreational facilities, g u W x '.ty system tem structures meeting r►aI J7 10 hospitals, libraries, museums, gave-nmen.t offices Ii and a. ,private or commercial outdoor recreation 1 1 ' facilities on sites of not less than five (5) , 14 acres, including. country clubs golf y courses, i riding acaaemies and stables, hunting and fishing 16 camps and other ,clubs, andun gclubs and ranges; 17 j y t (12) Public tastz►g rooms in con unc=tion with a winery 18 on sites not less than five (5) acres, provided 1� than such tasting room must be accessory to the 20 on-site winery. SECTION i8i subsection b of Section 24-17 l 1/2 (Timber Mountain) Zone, is hereby amended as follows. (b) Lyses rP_(wirihq use netmits The following uses 24 are permitted subject to first securing a use permit in each 25 Case i 26l.) it Residential uses other than on sing le -.family Z0