HomeMy WebLinkAboutPLANNING ORDINANCES #2386 -- #2505 (2)c
1
Section 24-130.5 DEVELOPMENT STANDARDS
2
The following minimum requirements shall be
i
3 ';A
observed, except wherespecificallymodified
for conditional uses. The minimum require-
j
ments shall be those for the zone as desig-
,C
nated on the zoning map,;
ZONE'S
;i
6 E'
R- I R-2
R-3 R-4
7
C
(a) Height (feet)
8
Principal
Accessory
9
i
Comment_ conform to the provisions
10
j
of Butte County Building Code
of Section 26-3.5
12`1
(b) Parcel size (square feet)'
6500*
6500*
6500*
6500*
i
13
Conner
7000*
7000*
7000*
7000*
''
Split sl,ngle family on zero
14.1
lot line (hd.Lfplex)
NA
4400
4000
4000
15
Corner
NA
5000
5000
5000
f
(c)(uildingfsite
ite area per unit
17
i
(including 2 off-street parking
1
spaced)
6500
3250
3250
2150
(d) Parcel width (feet) at setback
`
20
line
21
inte'zior
65
50
50
50
i►
Corner
70
65
55
55
22
Pu611c Street frOntdge (feet)
23 a
i
Curve or ctrl-de=-s.ic
40
40
40
40
24
i
) Z;rcnt yard setback (feet)
23
Back of . "ro ert lino**
p >i �
20
20
20
20
26
I
i
..4
r
4
Side street property line** 20 20 20 20
1.
(g) Side yard setback (feet) 5 5 S 5
2
All (h) Rear yard setback (feet) 15 10`
S
J
(i) Distance between buildings 1
4
' on the same parcel (feet) 10 10 10 t0
i
5
6
*On public sewage disposal service. A1.1 other lots to meet requirements of
the Environmental Health Division for, septic systems.
't
7
**Or edge of tight-of—way on private roads
8
SECTION 3. This ordinance shall heand it is hereby declared, to
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be in full `gree and effect fromandafter thirty (30) drys atter the date
10
of its passage, and before the explratton of fifteen (15) unys after its
11.
p g t
assn a this Or,jtnancr Shall be Published once with the, names of the
12
members of the Board of Supervisors voting for and tlV Inst it in the
:13
1 a n^wspaper published in the 'County or State; State of Cniirorhia.
14
2
PASSED AND ADOPTED by the Board of Supervisors of the County of
i
15
�I Butte, State of California, an t'h(-' `19th of. Match, 1955, by Ole following
16
vote:
17
AYES: Supervisors p Dalaii► hicinturi=, hicLaughl:n, wheeler and
Chairman Fulton I
18
�
19
NOBS: None
20
N
ABSENT: None
21
NOT VOTING None
22
_y
24
25 �
EN k' 'UTON,
, CHAMAN
Board of Supervisors
ATTt ST: MARTIN J, NICHOLS) Chief Administrative OfUicer
26 9
and Cldtk of the Board
AW
ORDINANCE NO. 2462
AN ORDINANCE ZONING A PORTION OF THE COUNTY OI BUTTE, STATE OF F
CALIFORNIA, AN R-4 (rMIMUM DENSITY RESIDSTRICT,
PURSUANT TO CiHA1TER $N'rzAL) DI
P 4 -2c}.
It
l '
The Board of Supervisors of the County of Butte, State of Cali I
2 under and California,
pursuant to Chapter 24-29 of the Butte Count
ii p r
y Code of said County D0
3 'iORpAIN as fo.11bws: 1
I
4 SECTION 1.
The he described area situate In
s the 'County of
5 ''But;te, State of California, shall be and it is hereb
G I iDensf,ty ,Residential, -Restricted Serviceis Y zoned as an k-4 (r[5kimum
trief, and such area shall be subject
7 I� ) bto the restrictiotrs and restricted Uses and regulations
Pursuant to Butte County Y
8 Code Section 24-144. '
9 Said area so zonedbeing g located in the uhtncOxparated area of Butte
10 'County, Forest Ranch, more particularly described asollo
11 i ws :
Lot l of 'Amended Ma
P Of Frontier Villr:ge" sub.. per that map of
record in Map Bonk Sg on
12 of tine Buttc Count Pages 76 and 77, on fill in the Office
Y Recorder..
13 Corttaiititi g
[, 0.9 urges, more or less, Chico,
14 r
SECTION 2. This Ordinance shall he and
it ir.e hereby declaraed to be
15 j in full force and effect from and: after t[t rt
Y (30) days after the date of its
16 Passage, and before the ex ration Of fifteen 15
P ( ) days after its
17 Ordinance stroll be published. Once with the omes of the me
tnbers of passage, this
18 Supervisors votin for and against i the Board of
B $ 4t in the Chido Enterprise Record, a neWsPaper
19 Published in the County of Butte, State of,Calif-arnia
li
201 PASSED AND ADOPTED by the hoard of Supervisors of the Co
21 State of California on Y Of Butte,
the 19th day of "fit
Ma roil, 1.85, b`
Y the f011O14ing vote:
22 YES: Su[�ert�isors I')of.ah 1rlolhi.urC+ McLaughlin, t,heeler and Chairman Fulton
23 NOES: None
24 ABSENT: None
25 i NOT VOTING., None C3utteCO. ganning`Camtt>.
15,4AAR 1985
r
r �:?rovilla, fwal#Drano
5
X5'5 'A ht.;
ORD'INANCjFs NTq.. 245 FEB 14 1985
T t3
OrOVNIP, CAtitgtz
AN UEiDINANCE ZONINC A PORTION Or TETE COUNTY OF BUTTE, STATE of
CALIFORNIA, AN 8R-1 (SUBURBAN RESIDENTIAL) DISTRICT, PURSUANT i
TOLCHIIPER 24.29.
The Board of Supervisors of the County of Butte, State of California, )I
Z1 under and pursuant to Chapter •24;2.9 of the Butte County Code of said County D0
3ORDAIN as follows
�!
~
4 SECTION1. The hereinafter rlescribed area situate in the County of
i
5 I Butte, State of California, shall be" and it is hereby zoned .as an. SR-!'(Sub-
6
6 urban Residential) District and such area shall be subject to the' restrictio
7 and restricted uses and regulapions pursuant to,Butte County "CodSec. 24-� 62,
a
8 Bald area, so zoned being located in the unincorporated area'of' Butte
9 County, Chico, more.particularly described as folloTts:
N.
10 Being located SW of Chico, more particularly desLrribed as:
11. Be irunIng at the NW corner. of "Stanley Park", per 6p recorded
In Map. ;Book 6 on Page 105 in the office of the Butte Courity
Recorder, said point also being Dayton Road; thence S 72°'41' !
E along the N line of ,said Stanley Park, 731.1 tt.; thence T
13 continuing along said N line N 88° 22' E, 3209.5 ft: more or s
less to the NE corner of Lot 1, said "Stanley Park!,,'; thence S 1
14 along 'the E line of saict "Stanley Park's to the Nth corner of �
Lot 82, said "Stanley Park" thence cohtinuirig S along the W
16 Line of said I,ot 82 to ,Edgar Slough,;, thence mearlderisigsouthcoe:,te-rly
along the centerline of Edgar Slough to Dayton Road; thence north-
16, easterly along Dayton Road; to the point of beginning.
1'1' Containing 246 acnes, more or less, Chico.
18 SECTION 2. This Ordinance shall be and it is hereby declared to be in
10 full, force and effect from and after thirty (�0) days after the date of itg
20 passagt, and before the expiration of fcifteen (15) days ^.er its passage, t,,Ilis
2lp t of the members of the. Board of
Ordinance shall be ubl�.sltrra once �rtNh the flame
s u u I � p p
22 p-rvsors 'doting tot- aitd against it in Clic Chico t;ntcrpri,,c ttecord a n�:i� a er
23 published in the County of iutt:e Sttitt! of Cali.fornin
2 PA88ED AND ADO}'1l 1 1,y t11e Bot to of Supervisor: of the County oe tette,
a i( State of tal .monk!', riff the 12th day of February ;. 198.5, by the fo:llowilig trete: �
E8 Supervisott bolah j Mclnturf and Chairman z`ul ton
r
t'
r
I,
r
r
it
NOES: Supervisors McLaughlin and Wheeler
2
IBSENT: None ....
i
3
•+ NOT VOTING: None
41'ti/w! •'"�''." °"'�''R^�p�t�q�ply
L
N FULTON; CHAIR 4 Pi
5
'Butte County Board of Supervisors
• 6
,
ATTEST': MARTIN ,T. NYCHOLS. Chief Administrative ''
f
Officer and Clerk of the Board
M
.
$
BYE-,?
9.
r
xC
412
y
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15
1.7
18
J.9
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23-
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2
t
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.
ORDIi�7ANCE Np,
1 �� • ., 255
` AN ORDINANCE ZONING A PORTION Off' TME. COUNTX OP
STATE d I3u7TE,
� .' CALIFORNIA, AN A-10 (AGRZCULT[J . �
PURSUANT TO CHAPTER 2t,-2c�.` RAS,), nTS`l',C1CT,
•
The Boar Sue t,
� d of p rvisors of Che-founk •
'E Y •of� Buttes, State' ta•f Caa:iforn�a;
uricler arid�puxsuantM
to Chapter 24-..29 of '
3 the i3ut:te County Code of•. the Co
OR as fol, ., .
IN ows; unky, b0.
SECTzc�N 1, The hereinaf teri
describe
d
area situate in thea
5Butte 0 State Of Ga].iforn,ia shall b Counter o f
e and
it is hereby Zo-b d
+1 ural,)'1�istrict,, and as, an A-�10, (AE�'cult-
sucti area shall lie subject to. t;tze xetric"taon. and
..., .
restricted+
' uses and regulations pursuanr'ko
Saidutt,r 4iuttty. Code .5ect'aa, k,�E�-75.
area $o zoned bein"s l4j. atjd izx the,
9 CouriC &Aaiticorporated area f
Y0 Chico Butte
more. art cuSafly desct1beJ as r,11oWs
10 The'
N112oftheS
11'
R1W, l�.tDB&r!> 1/2 of tha tl± t, Of Section 130 in T23N,,,
l2' Contoinitt r '
Ing, 40 acres, more or Ilett j Chico.
15 SECT
TON 2> This Ordinance shall,!ie and.t
i
14 ire ,f" t ' s herevy declared to be 1
i' ree an ef.tect from and after thirt
15 l)assa , Y (30) `days after .Ch _
e date of its
. bc+ and before the expiration of fifteen .
(15) days after +
�>rs assa>?e;s this
.1 O
rdinance ,ha11 be published once with the names of the
O p
17 Supervisors votin members o board of
g foir and against it in the Chico ,Enterprise It
the
mewspap'e
1$ � .published in the County ot•` Butte '
• ate of C 1iForni Ccatds a ,
St a a.
PASSED AND ADOPTED b
y the Board of Su erv�solrs of p Count of
20 State of California on Y Butte;
Che 5th da .. `
Y of Feb>;tlary 1985
_-� _ _ + hY the �
21 AYESt Supe,rvrsors Do fo7loraing vote:
�.ari McTnturf: MOLau9hln '
4 Wheeler and Chairman Pujton
22 NOES: Nobe
23 ABS,SNT: None
24 NOT VOTING! None
ARTIST: kiU�. ...
�f rtTC�to ,55 , CEXAIRMAN
ChieF :Admloisttative Off:tcer and tte County totltd of Supetvisors
elerlt of the Board
By ''
.a
ORDINANCE NO. 2454
t�
AN ORDINANCE ZONING A PORTION OF THE COUNTY OF BUTTE,
STATE Or CALIFORNIA, AN R--2 (DUPLEX RESIDENTIAL) i
DISTRICT, PURSUANT TO CHAPTER 24-29.
The Board of Supervisors of the County of Butte, State of California,'
2
� under and pursuant to Chapter 24-�9 of the Butte County Code of said County DO �
P p 2 j
3
ORDAIN as follows:
4
SECTION 1. The hezrdinafter described area situate in the County of
5
Butte, 'State of California shah be and it is hereby zoned as an R-2 (Dupl'ex
6
Resident Cal) District, and such ar ., shall. be subject to the restrictions and
7
restricted uses andregulations pursuant to Butte County Code Section 24-138.
8
'Said area. so zoned being located in the unincorporated .area of Butte
9
County, Oroville, more particularly described as follows-
10
A portion of Lot 4, in 'Block 14 of VILLA VERONA, according to
the official map thereof recorded in the office of the Recorder
11
of the County of Butte, State of Californ1n , January 17 1880,
described as follows:
12'
BEGINNING at the NE corner of said riot 4, said point being the
13
intersection of the centerlines of Lower Wyandotte Road and V-[
Rd,4 thence S along the centerline of said Lower Wyandotte Rd.
14
and the 1 Line of said Lot 4, a distance of 232.83 :ft. to
the true point of beginning for the parcel of landherein
15
described; thence N 89° 40' W,a distance of 377.53 ftp t�
point in ,the W line of said Lot 4; thence S alung.che is line of
1�3
said Lot 4, a distance of 1.85.0 ft.; thence leaving said W line
S 89p 40' E and parallel with the N ,line of the parcel of land
17
herein described, a distance of 37.5.00 ft.> more or less, to, the
centerline of said Lower Wyandotte Road and the E line of said
1g
Lot 4; thence N along the centerline of said Lower Wyandotte
Road and the 9 line of said Lot 4j a distance of 185.0 ft. to
19
the point of beginning.
20
Containing 1.6 acres, more or lg8s, Orovilitj
21
SECTION 2. This Ordinance shall be and it is hereby decl
� This ared to be in
22
full farce and effect from and after thirty (30) days after the date of its
23
passage, and before the expiration of fifteen (15) days after its passage, this
24
Ordinance shall be published once with the names bf the Membets of the Board of
!�g
Supervisory Voting for and against it in the Oroville Mercury, a newspaper
20
published in the County of 'Butte, State of California.
-I.
h _
1 ' PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, '
2 'I State of California, on the 5th day of February , 1985, by the following vote: k
3 I AYES: ;supervisors Dolan, Mclnturf, McLaughlin, Wheeler and Chairman Fulton
4 ! NOES: None
5 ABSENT: None
6 NOT VOTING; None
rf
L NI FULTON, CHAIRMAN
$ ROtte County Board of Supervisors,
g ATTEST'; MARTIN J. NICHOLS
Chief Administrative Officer and
10 Clerk of the Board �.
11
By
�.
12
x
1 ,
15
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17
18
,19
20
2
22
23
2a
25 ,
26 y
Y
♦ +� • 4
ORDINANCE NO. 2450
AN ORDINANCE ZONING PORTIONS OF THE COUNTY OF BUTTE, STATE
OF CLAIFORNIA, PURSUANT TO CHAPTER 24-29.
X The Board of Supervisors of the County of Butte, State, of California
2 under and pursuant to Chapter 24-29 of the Butte County Code of said County DO
3 ORDAIN as .follows ;
SECTION 1.. The 'hereinafter, described, area situate in the County of
I
S Butte, State of California, shall be and it is hereby, zoned' as an SR-1 (Sub-
6 urban Residential 1 acre parcels) District, and such area shall be subject
I
7 to 'the restt'ictions and restricted uses and 'regulations pursuant to Butte County
8 Code Section 24-162.
t
0 Said area so zoned being located in the unincorporated area of Butte
10 County, Chico,, more particularly described as follows:
11 All that certain real property, situate in the County of, Butte,,
State of California:, described as follows:
12
Being a portion of Section 18, T21N F2E MDB&M, Butte County,,
l3
California, and more particularly described as follors
I
Highway, distant point
70",n the centerline of the Chico and Oroville
Highway, ata 143$1 W, 215.6 ft. from the NW cornet of hot
g _ y,
115 10, in Sec. 18, T2114 R2E tMB&Ri thence S 18° 3.6' W, along tate
westerly line
that
apcl of land conveyed to 114K» Sears
andwife
16 recordedin Book337ofOfficial Records, at Page 408,
Records of Butte County; a distance of 513.5 ft. to the true point
17' of beginning for the parcel berQin described; thence, continuing along
said westerly line, S 18' 36' W, 639.00 ft, to the SE corner of that
18 certain parcel of land described by deeds recorded in Book 347,
Butte County Official Records, at Page 171; thence N W 241 W,
l5 along the southerly line of the last mentioned parcel, 455.00 ft.
thence N 186 36' E and parallel to the westerly line of said Sears.
20 parcel, 648.00 ft.; thence S 70' 38' E, parallel to. said Chico and
Oroville Highway, 200.00 f t. ; thence N 11059 E 45.00 ft.; thence S
21 600 28' E, 264»00 ft. to the westerly line of said Seats parcel and
the true point of beginning, Containing 6„8 atv-qj more or slots,
22
:�3
SECTION 2i The herein,lfter described area situate in tie County of
24 Butte, State of California, shall ba and it is hereby zoned'as an A-20 (Agri-
cultural
Agri-
25 parcels) 7
cultural 20 acre arcels D:ist� ict, and tut 11 or shall be subject to the
28 zes'tridtioils and restricted lists and regW ations pursuant to Butte County Code
I Section 24--7.8. -
2 Said area so zoned beinglocated in the unincorporated area of Butte
3 County, Chico, more particularly described as follows:
All. that dertain real property situate in the County of Butte, State
4
of California, described as follows:
15
'Beginning in the centerline of the 'Chico and Oroville Highway distant
6 N 700 38' W, 531..2 ft. from the NW corner of Lot 10, in Sec. 18
T21N R2E tMt M; running thence along the centerline of said Highway
7
N 700 38' W, 1458.2_ft. to the W line of Lot 19 of Sec. 7, in said
township and range, in the center of the California State Highway
thence S 80 20" E, along the 'westerly line of Said ,tot 19 and the
westerly line of Tots 4 and 3, in said. Section 1,8, a distance of
9 1313 ft to a point N 8" 30' W`> 15.48 chains from the NE corner of
the: White and McFadden Tract; thence S 7l° 24' E, to and along a
fence 723:8 E'- thence. N 1.80` 36, 'E, 648.00 ft.; thence, S 700 38'' E,
10 nd Oroville'HigYway, 200.00 ft.; thence H 11
parallel tc Chico a
11 59`" E, 515.kx o the 'true point of beginning.
12 containing 36 gyres,, more or less, south of Chico, .
y
SECTION 3<. ; ,,., 1
1� r:d9.nance shall be and it is hereby declared to be in 4
14 nd after thirty {30)
full force and effect days atter the da to of its pas -
fifteen
.
15 sage, and before the ex, anon of fifteen (15) days after its passage, this
1,6
Ordinance shall be publighae. oncO with the names of the members of the Board of
l'7
Supervisors voting for and against it a the Chico futerpr1se hetiord a newspaper
18 published in the County of Butte, Std"te of California.
19
PASSED AND ADOPTED by the Board of Supervisors of the. County of ;Butte,
20
State of California, on the 18th days of DeComber 1984, by the fnllawinb vatet
2-1
AYES: Supervisdrs binsele,y, wheeler aht`i Ohaitmah Saracen's
N
2
NOES! 8uperv186,rs Nolen and Fulton
2 ABStNTt None' t
24 NOT VOTIXO t Notre J
25 AL SARACEML CRAMAZ9
�8 A`t`TE5`C: `hYA�'�l'1N J. I�;LCii01,S, Gh3af
Butte coubty Board of Supervisors
AdminisErative Otf dtr and Cierlc of the 1#aar l
t
ORDINANCE, NO, 2445
j AN ORDINANCE APPROVING A DEVELOPMENT` AG.RELNtM FOR
jt CERTAIN REAL PROPERTYLOCATED ON THE EAST 'SIDE OF MIDWAY
AT MARY' BILL RANCH ROAD, CHICO.
The Board of Sup°ervisors of 'the County of Butte, State of
,California, DO ORDAIN, as foll.olws 4
3 SECTION 1. That the Development AgreementwithSOUTH
FORK DEVELOPERS in the form attached hereto as 'Exhib t "A" and
5 incorporated herein by this reference is approved, this Board
g having found that the provisions of the agreement are consistent
7 With the Butte County General 'Plan_-
8
SECTION' I. The Chairman is authorized to
execute the
g Development Agreement in the form attached,..
lO t'
SECTION 3. Follojging complete execution of the Develop
11
Iment Agreement, the Clerk of the Board of Supervisors shall cause
12a copy thereof to be recon axded tn the Butte County Rocorder..
15
SECTION 4 This Ordinance shall be and it is hereby
14 declared to be in full force and effect from ant; after thirty (SU)
15 days after the date of its PasSames and before the expiration O
19
£ifteer (15) days after its passage, this Orain4nce shall. be
17 published once, with the names of the members of the Board of
l$
SU�iervi.sors voting foi7 and against it in the Chico Entexpr1*5e Record.
19 a newspaper published in the 011--.111tY of Butte, State of Californ a.
20 PASSED .AND ADOPTED by tltra F'uF.te County Board of Super -
21 lvisors on the 27th day of NOVettf%er lD T by the following vote:
22AY11S 5upar'vi:aors Moaaleye Wheoler and 'Chairmen S ttac%.�"i
2
NOES: $Uvervizors Dolan and Fulton
24 105ENT None
2S NOT VOTING « None
2F�
DEVELOPMENT AGREEMENT
This Developmen`tw. Agreement CtAgreertient'l) is entered into
this ----4th day of December. 1984, by, and between the
County of Butte ("County"), a charter county organized and.
existing under the laws of the State of California,, and
Midway orchards.("Developer")a California
general partner-
ship, consi st:tng of ..Bi 11, w ( otti,ngham, -Ronald Ronald J. _
Laffins,
Richard H.:, Laffins, Robert k Maurer and Robert. E. Osborne
and doing bus$-ness as South cork Developers, p w:i.th reference
to the followingfacts.-
A.
acts.A. Developer owns in fee, and. desires to develop, cer-,
Iain real property (the "Subject Property") consisting Of
approximately 110 acres, Located, on the east, aide of Midway
at Marybill Ranch Road, also referred to as Assessor's .Parcel.
40-02-116,, and more particularly described in the attached
.Exhibit. ��An
B, To strep then the planning g public tannin encour-
age
process, ancaur
ache private participation in comprehensive planning, an
reduce the public and private economic risksy of development,
the California Legislature enacted Government Code Sectio.
65864 etse�C : , which authorizes County and an owner of real
Property to enter ;into a development agreement to establish
criteria for the development of such property. Pursuant to
Government Code Section 65865, County has by resolution
adopted rules and regulationS establishin
g procedures and
requirements for the donsideration c:' deVtlopMohti agreements
,.: .._..... ,,.,._.... ... ...,:-.. ,., _,.._ u. ..., ..:_,.., ....... . it -
Ca Developer deal es to implement its intent, to deve'l--
op the subject - Property in on,_or
more a phases for 110
single --family residential, dwelling units Toward that end,
Developer has
p previously submitted to County all he °essary
P9
lannin applications, including but not, limited to the
following: withdrawalfrom Will aanson Ac.t contract, general
p"an amendment, rezone, and tentative subdivision map,
D County's Board' of Supervisors has taken the
following actions: IJ furtherance of the proposed development
of the Subject Property (the "Development Approvals" P. pprovals codec-
Lively):'
1. Approval of a tentative cancellation of a
Williamson Act contract covering the Subject: Property
and a proposed alternative use of the subject Property
on January 24o 1984
2 Approval of a general plan amendment. changing
the land use designation of the Subject Property, from
"Field and Orchard Crop" to "Agricultural -Residential,`
on ,October 30,_, 1984,
3. Approval of a iezone changing the zoning
designation of the Subject Property from "A-2110 to '1pDBu
on October 30 , 1984,,
4. Approval: of a tentative subdivision Map for
1.10 siftgle�femily residential lots on the Subject pro,
perty on october, 30 1984.
-2-
on November 27, 19.84 r countv'' 5 Board of Supervi:
cors conducted -a noticed public hearing° pursuant to' Govern=•
Iment Code Section 65887 and the rules and regulations adopted
by County for the consideration of this Agreeaien:t.. At the
i -
conclusion of said hearing, the Board of Supervisors found
that this Agreement is in conformity with County's General
Plan and that the Environmental Impact Report certified in
connection with the Development Approvals; is adequate for
this Aq eement under the California Environmez tb.l dality
Act.: The Board of Sitpervi.sors then passed Ordinance, No. 2.445
approving this Agreement.
F County and Devl.oper are entering this Agreement in
order to avoid any miswNderstandings.' or disputesconcerning
t' ke proposed development of the Subject- Property v' to assure
the parties that the processing of any land use entitlements
which may be required for the proposed development will be
dealt with as expeditiously as permitted 'by law so that
Developer will be able to develop the Subject. Property as the
parties presently intend such development to take place, and
to ensure that such develwpment will conform to and comple-
ment county's goals of cre,a:ting a physical, social and fiscal
envi ro:. .
which will proV de additional housing', be sens' -
tive to the needs of the r,&ttmmunity, avoid adverse impacts,
and be consistent with th-. policies of county's General Plan.
NUW ► THEREFORE, ill light of the foregoing recitals , the
parties agree as follows:
1. Binding Effect of Agreement. All. of that real pro.-
perty d6scribed in Exhibit "A" shall be subject to this Agre
ement_. The burdens of this Agi:eement shall be binding upo;ri
and the benefits of this Agreement shall inure to all succes-
sors in interest to the parties to this Agreement and shall
const tu,"}a convenants which shall run with the Subject Pro-
pertyt
2. Relationship of the Parties. It is `specifically
understb6d and acknowledged that the proposed development of
the Subect Property is a private contract and that the con-
tractual relations;hp between County and beveloper is such
that DevelOpex is an independent contractor and not an agent
of County.
3. subdivi• yton a�RLoval and Land Use Entitlement.
Oevel.oper shall have th,-.-) ,Ight to subdivide_ the: Subject Pro-
perty and to construct single family residences as contem-
plated by and subject only to compliance with existing laws
and ordinances and the conditions contained in, the Develop-
ment Apptovals. County shall not tako any action which is in
conflict with the dovelopment of the subject Property in con'-
form:ty with the Development Approvals. County` further
agrees to act with reasonable diligence and in an expeditious
manner in reviewing and acting upon submittals, applications
or requests for permits, approvals or other autht rintion,s
consistent with the Development Al�provals. County may, pu-r
suant to Government Cade. Section 65866, apply new rules,.
regulations and policies for the development of the Subject
Property which are not in conflict with those rules,, regula-
tions and policies applicable at the time of the Development
Approvals which do not materially frustrate the
pp als and
purpose::.
of this Agreement.
4. Development Standards. Deve.lope.r shall have the
right to develop,- the Subject Property in accordance with
rules, regulations, and ordinances applicablea to development
of real property existing as of this date, subject, to any
matter, prohibition, restriction or approval Of' such develop-
ment which, is subject to the authorit
y or jurisdiction of a
government agency other, than County or, any political subdivi-
sion of County.
Without ;limiting the foregoing, County agrees that the
onlytannin
planning, zoningr,design, density, height limitations
q
use lim*tatipons, ar,ctng requirements, building and safety
codes, grading, subdivision, cnva:: onms-ntl , architectural and
development standards and requirements to be applied to the
Subject Property by County shall be those presently contained
in ordinances and rules and regulations in effect on the date
hereof Cas the same may have been the subject of any duly
enacted variance or other discretionary modification proce-
dure embodied in the bevelo Ment P,
p p'provaJs i ; and that such
` µ thue to
j govern the.
standards and restrictions shall con
development of the Subject Property irrespective of, any
changes made hereafter to Stich ordinances, rules or >~egula,
tions, except as providedin paragraph, 3 above.
+ County further agrees that Developer, will, have the. rig ht -
to commence grading at an time
Y (subject ,to securing a grad-
ing -permit) and that permit
.. will :not be denied' based on sea-
son or date provided that Developer agrees to complY with all
County required precautions and to 'Use due care in grading
+
activities and to take reasonable steps to prevent erosion,
slippage or dangerous run ,off conditions
5.
Development Limitations Developer agrees that, it
will not devj.lop the Subject Property in a manner materially
inconsistent with the Development Approvals, insofar as dens'
tyr permitted use, and height or size of
propane;,. ., ructures
are concerned. Developer agrees that its developme.ht of the
Subject property will be subject to the reservations and/or
dedications provided for in the Final 'Tract Map to the extent
required by the Development Approvals;
6 • Improvements, Developer shall be responsible for
the installation of all on --site and off-site improvemernt�
required under existing ordinances, rules and regulations to
be installed on the Subject Property including, but not
limited to, the provision of an�site streets, curbs, gutters
sidewalks, drainage Facilities and sewer and water seri>icr
but solely to the extent reasonably required to service the
proposed development Of the Subject. property, The dra naoe
Patfern and design g criteria for all drainage improvements
the width, grade curvature and design of all str'eets,, curbs
and sidewalks, and the conceptual. and improvement plans for
all other, off-site improvements, required, to be constLuctEd
or I instalIed by the Development Approvals shall ('if, in comms
pliance with all applicable ordinances, rules and regula—
tions) be approved by County within a .reasonable time after`
submittal to, County by Developer, and upon teceving such .
entitlement, Davelo er ma
p Y proceed to make, such improvements
in accordance_' therewith.
7 Utilities and Public Agency Coordination. County
shall use its best efforts is to assist Developer in obtaining
z,11 electrical, gas, telephone and other necessary utility
,-1,onnect ons required by the Development Approvals,. Within a
reasonable time after request therefor by beveloper, County
shall approve, all connection and access points for such
utilities if in compliance with all applicable ordinances,
rules and regulations.. County shall also use its best
efforts to assist Developer in coordinating the implemer to-,
t'Oh of the proposer] development of the Subject property with
any other public agency having Jur sd'icti,on over any aspect
of the proposed development:
8 nevelobment Fees. Develt er shall P pay all neces-
sary appl.cation
permit and developrrient fees, charges ;and
costs normally imposed by county which are in effect at the
time said tees, charges and costs are
payable to County i n,
order to allow implementation of the proposed development of
the Subject Property
9. Additional Actions by County; County shall, to the
extent legally g y Permitted, take all actions necessary to
effectuate this Agreement, including, but not limited to, the
h
oldi,ng of all hearings and the granting of all ministerial
and discretionary permits- and approvals,, as gUickl.y as possi-
ble. County represents that except for approval pproval: of the Final
Tract Map(s) and except for the Development, Approvals hereto
fore obtained by. Developer, no discretionary approval, permit
or authorization shall be required by Developer from County
in order to complete the proposed development of the Subject
Property.
10.
"Term. The term of this Agreement shall be five (5 )
years from the date of execution. it is understood and
agreed that if, at the end of such term, Developer is in the
process of developing the Subject Property and the construc-
tion of at least fifty percent '(50%) of the ,;proposed develop-
ment has been completed, the term hereof shall be extended
until such construction is completed, not to exceed an addi-
tional five (5) years after expiration of the original term.,
If Developer has proceeded in good faith, but has beeh pre-
vented From developing the Subject Property within the time
frames set forth in this section by circumstances beyond its
control , nclud"ng'' but not limited to judicial, injunctions;
act., of God, or delays caused by County or other local, state
meg-
1
or federal agencies, such term
$hall be 'extended for an addi
bona period. ; equal to the
period of such delay or delays;
l 1 • Ame ndme nt or Y
Cancellation. This Agreement may be
amended or cancelled in
whole or i
sent of the parties and .n part only by mutual con -
in '
the manner provided in Government
65867
Sections 6556$, 65867 attd :65867.5. An
deviatan :dram the y no,risubstant.a.l.
Development Approvals, does not req
amendment to this Agreement. uirE an
12. Periodic
R_ Ie� w
accordance Of mpliance
- _ County shall; in
:with. its established rules and
this A 4 �, regulations, review
�eement at .Least once every k. twelve (12) months
and after the date of execution of this Agreement. During
tram
each periodic review b
..
its good faith complY C��untYr Developer"shall demonstrate
.i ance
this Agreement., with the terms.and: , canl_
iLions.,of...., .
13 Assignment
Developer
shall have : the_ right to
-
a sigh or transfer this Agreement
title and interests t}tore ;�. with all xts rights,
In to an:
y person Firm or corporati
at anY time during the term of thi
14. Inability_ to Comply. If, as a result of the laws-,
regulations, or actions of federal., state or other agencies.
havingg supremacy over County, compliance with this Agreement
by County is prevent''Bd or precluded, the provisions of this
Agreement may be modified or suspended so as to comply with;
such haws, regulations, or actions. If, however, such modi-
ficatinn or suspension substantially deprives. either of the
parties of the bargained-for benefits of this, Agreement, such
party shall ue entitled to terminate this Pp_', t;4mt.t;lt:
15. Remedies Available to Developer.: F'tLept at:�
wise provided in Paragraph 1A hereof, this Agreement shall be
enforceable by Developer notwithstanding any, change in any
applicable general or, specific plan, zoning;, subdivision, or
building regulation adopted by County which alters cat amends
the rules, regulations, or, policies specified in Government
Code Section 65866. It is understood between the parties
that in the event a breach of this Agreement occurs, irrep,�r,
able harm is likely to occur to Developer and damages may be
an inadequate remedy. To the extant permitted by law, there
fore, it is expressly recognized that specific enforcement of
this Agreement by beveloper is a proper and desirable 41emedy
in add,i pion to any and all other remedies which may be avail-
able to Developer under law or at equity:
16. Remedies Available to County; Sxcept as otherwise
provided in Paragraph 14 heteof, County shall have no right
to any damages or other relief in the event of a bleach of
�lg�
this- Agreement by Developer except that County may suspend
its obligations and
g terminate this Agreement if -Developer is
in default, as defined in Paragraph, 17.
17. Default. Developer shall be in default under this.
Agreement if it provides County with a "writtennotice stating
that it does not intend to perform further under it or, if
County makes a finding and determination following a periodic
review under the procedure provided'* for in Government Code
Section 65865..1 and the rules and regulations adopted by
County that, upon the basis of substantial, evidence,
Developer has not complied in. good faith with the terms of
this Agreement,.
18. Attorneys' Fees . and Costs:. In the event of a,ny
litigation between Developer and County involving. or ar.ising......-
out of this Agreement, the Subject Property or the proposed
development th reof, the prevailing party shall be entitled
to recover reasonable expansers, attorneys' fees, and costs
incurred.
19. Notices. Any notice to be g+ ven or other document
to be delivered by one party to the other shall. be delivered
in person or by postage prepaid certified or registered mail,
return receipt requested,, addressed as follows:
To County; Mr. Martin Nichols
Chief Administrative Officer
County of Butte
25 County Centar Drive
Orovill;e, California 95965.3388
wl.l_
To Developer: Midway Orchards
C/O Bill Cottingham
Route 3, Box 130B
Chico, CA 95925
Any 'mailed notice given as aforesaid shall be
5 aforesaid, deemed effec-
tive 46 hours after- deposit in the United States mails with
all appropriate
Postage, affixed.. Either party hereto may
from time to time,, by written notice to' the other party,
designate a different name or address which shall be substi-
tuted for chatgiven above. The change of name or address
shall; be effective upon receipt if
p personally delivered or
five 5) days after the date of deposit of the notice into
the United States mail if by mail.
20. Entire Agreement. This Agreement contains the
entire agreement between the parties and any agre.:ments or
representations concerning this Agreement, the subject Pro-
perty or the proposed development thereof not set forth here-
in shall be of no force or ,effect.
21. Severabillity. Sub'ect to Paragraph 14 hereof,
any term, condition, Provision,lor covenant of this Agree
Ment, or the application thereof town r
y per.,oft or circum
stance, shall be finally held invalid or unenforceable by a
court of competent Jurisdiction, the rte-.
,.Mainder of this Agree-
ment and its application shall not be affected and shall
remain valid a A enforceable to the fullest extent permitted
by l atr If the C, ._ ,y dP-terin-ines that the invalid or unenf or-
ceable portion is so fundamental and essential tca the
pa r—
ties' intentions that this Agreement cannot effectuate 'those
intentions in the absence of the a;,nvalid or Unenforceable,
port on, this Agreement shall be invalidated.
COUNTY,OF BUTTE
By
Al Saraceni
Chairman-, Board of Supervisors
of the County of Butte
* ATTEST: \
Martin Nc is
,Chief Administrative
Officer and Clerk of
th.e Board
MTbWAX ORCHARDS, a California
general partnership
By BC«L
;ni
Genert.l Partner
Ronald J f ai:fi
General tner
Richard El. LafrBns
Gene Ul Pa. tner
Robe F. N user
C;enwra Partner
jGbbO.rt E. Osborne
eneral Partner
All that certain, real property situate in the County of
Butte, State of California, described as follows:
A portion of Section 7., TZIN, R2E, MDB&M
described as follows: particularly
Parcel 1-
BEGINNING at the point of intersection of the S line of
Lot 14 of Section 7, T21N, 92E, iMDB&M, and the easterly
right-of-way line of the Sacramento Northern Railroad;
said point being 63.1 ft. easterly along said S line
from the SIV corner of said Lot 14'and running thence
S 890 49' E, 118X.7 ft, along the S line of said Lot 14
and the S line of the N half of the SE 1/4 of ,said.
e �
Section 7 to a fence corner•
thence N 100
21, W, 21011.5
ft• to an iron �t a
pipe fence corner on the N'tide of
a private road; thence N 10* 25' SV,
1135.1 ft. to an
iron PzPe;thence N 320 24' E, 315.5 ft. to an iron
Pipe; thence 5 89° 64' �E 999.9 ft. to an ;iron pipe,;
thence N 0° 37' E, 646.3�ft. to an iron
' Pipe; thence
N 89 54 IV 792;9 ft to the center of that certain
channel known as Little Butte Creek; thence meandering
down said channel of Little Butte Creek the folla�v
eleven courses: S 31 Wing
07' , 31.2 ft. N6° 03� W,.
217,5 ft.; S 71 41' W 143.3 ft. � 21°
ft.; °S 49° 3.7' hl 316.4 ft.; N 76014' 09' W, t.;
, 205.9' ft..
S 39 48 W, 140.,6 ft.', S 72° 00' tV, 12iY6.2 ft.
'870 04 IV, 78.1 ft.- S 540 49' .IV, 211.7 ft. ; S�-4S° 43'
%Y 181.7 ft. to the easterly right-of-Ivay line of the
aforementioned Sacramento Northern Railroad; thence
along said right-of-way lane, S-280 00' $ 135.0 ft ;
thence along said right-of-way line, S 8 2Z' B, 313G.p
ft- to the point of beginning;.
ALSO
a Portion of Section 7, T21N, R2E, MB&M beginning
at an iron pipe ata fence corner on the N side of a
private road, which point bears N 220 49' E, 2238.5 ft.
from the SiV corner of Lot 14 of Section`T2].N
NIM0 ' thence 5 596 51' E 182. Pipe;
f t o an iron
them S 1° 39' E, 226.1 ft. to an iron pipe,, thence
S 86` 31 IV, 146.1 ft. to an iron pipe sn a fence line'
thence N 100 27' XV, 239.9 ft. to the point of" beinning..
EXCEPTINGTHBRMON the following destvibed property
Being a portion of Section 73, T21N, R2E, AIDB&bt, and .more
Particularly described as foilot�s,
COMMENCING at the most easterly corner of the Second
Subdivision of the J, P. i
Entler Ranch, accarda.ng to the
revisedthe-
roof, map theeof, on file in the office of the Recorder
Of the County of Butt' , State of California, Z,rhich poi.n't
is in the intersection of the sotjt)1014J )� line o E aid
subdivision iyith the southerly line of'tli right4of-w�
of the Stirling City branch of the Southern Pacific
Railroad; thernce from s?id point S 56° 5.91 �'�1' �V along
the southea,teriy line oi' sald Second SubdivVision of t31e
'1
� 'It'll
y
V
Ranith 1417.3 f t . � thenc
S 080 2 `J' tx onn said line
i'�, X027.36 ft. to the s
Sect ��.�,.. 6 and. 7; thence easterly aloe line dividing
line 67,23" ft. to the true Pointofbeginningsforythe
herein �ie� xibed
parcei ; thence from said point of begin-
ning a.rtd cOntinuing easterlyalong
725.81,,1 ftp, to a point;` thene S 0"V05a fig" 'IV lire
►� 46.64
til 6
a ,oint; thence, N 890 39► 081' IV
Point' thence N 00° 04 725-,67 ft. to a
► 3`i►► E 642.64
_ ft. to the 'true
po:int of ����ginn�ng, -
PAR;} -1, IT
CObtgNClNG at the most easterly corner of the Second
Subc�.ivisir�n of the J. F.
Ender Ranch.
._ o the
rev sed ma.,p thereof, on file in the offxceoOr, �tnetRecorder
Of :na ;:o�tntY of Butte State of California, which
is tft the
point
intersecti.on'of the southerly line of said
sub`Ii i8i0n with the
southerly line of the right-of=way
of:he Strlxw-g Cit y branch of the Southern
Ra, Pacific
t road; thence from said point S 56° 59'
S.Sr'jY along
the southeasterly line of said Second Subdiv sion,of •the
Ju �; Entlex Ranch, 1417.3
:ft,
5 (180 25'" S5`t W',. 2027.36 ft. thence leaving said line
to the `dividing
section line
Srrt,tions 6 and 7; thence easterly along said section line
67.23 ftp to a
point on said sectiox line; thence leaving
s aid sec��ion line S 00 ° 04' 35" IV, 6 2 64,
� � ft, to the true
pis,%nt of beginning for the parcel herein described; thence
from said point
o
f
of beginning S 00° 2L' 33'' W, 1382.98, ft.
to d of:fit sal
a P > d point being on the
,southerly ;Line ,Of that
parcel of land conveyed by Gilbert Alm, et
`
ux, to Nalcolm
J• Jay -red, et al, recorded February 14, 1966, in Bonk
14'1,3 of official
records of Butte Courtt at.
thence N 890 3' 4511, iV, 227.23 £t, y' Page 594;
a
being on the easterly line of that certain�Parcesaid
''conveyed by. Lloyd r Sloan, Ofpland
et ux; to Gregory A. VUgrenes,
et al, recorded December 29 1!77.2, in Book
x$:08 of official
records of Butte Count '
48*' IV IV 100
f
29'
along said easterlyaline'e1134 44L�ft. i
32° 15`' O2" t, 316.52 ft_
tu..a point; thence Shence3N
08" E, 274.07 ft. to the Point of beginning,
�.
xy
c;;
ORDINANCE NO : 2444 �y
'1
AN ORDINANCE ZONING A PORT, -[ON OF `i'EIE COUNTY Or
BUTTE, STATE OF CALIFORNIA, A TNI -1 (TIMBER' t
MOUN'T'AIN) DISTRICT, PURSUANT TO CHAPTER 24 -29. -
Tile Board of Supervisors of the County of Butte, State 0f
2California., under and ,pursuant to
Chapter 24-29 of the Butte Count
yl
i Code of said County DO ORDAIN as follolvs
SECTION I. The hereinafter described area: situate
in
5 the County of Butte, State of Cali.for:iia
,shall be aXad it is hereby
6 (Timber Mountain. - 1 acre parcels) District, and
zoned as a TNfi-� Tx
.7 such area shall be subject to the restrictions and restricted uses
I
and regulations pursuant to Butte County Code, Sec. 24-165.
Said ;area so zoned being located in the Unincorporated
10 area of Butte County, Forest Ranch, more particularly described as I
1.1 f of low- �
12 All that certain real property situate in the County �
13 of Butte, State of California, described as fo:lloivs I
portion of Lots 1 and 2 of the Nr 1./4 of Sec. 7,
i
14 T23N, RSE, MDt&Mj and more particularly described
follows as a
15
COMMENCING at an iron pipe tagged L S ,
intersection . P Lg 2521, me -irking the
16 of the S boundary line of that certain
parcel Of land Conveyed from William E. and Francis
17 Fitzgeralri, to Clarence 1j. and Lois C. Perry, by
Grant D4'ed recorded August 27, 1964 in Book 1332 of
18 Official Records, at Page 298i in the office of the
Recorder of the Count of Butte 1%r' the south�vesterl T
19 boundary o:. an 6xistin;g 60 foot road and from which
Point the NE corner of said Sec. 7 bears N 44° ill t
20 16 73,05 ft. r thence N 290 18' 30" IV along the
`Vesterl.'y boundary o.E said 60 foot road, a d:tstarocceilOf
21 239.13 ft to art iron }pipe tagged L.S. 2621 and the true
Point of beginning o-. tile parcel of Land hereafter des -
22 cribed; thence N 960 04' IV along the northerly boundary
Of said Derry parcel a distance of 1.205.29 ft, to the
23 NIV corner of said Perry po.rcei; `thence N 486 861 t a
d stance of 254N56 ft.; thence S 860 041 t parallel.
24 With the northerly boundary line of` said Perry
a distance of 007.2 ` � p'p`pagg�l}
f tt7 a 111ch Tull 1 C to g. t�
25 ROES 1,1.128 mark%ng the soutlr%vcsterl.y boundary x1ne Of
said 60 foot road; thence tontl.nu i g. $ 866 04' B a
2 stance of 35.87 ft. to the centerl.;i to of said road;
thence S 296 18 30" E, along said centerline a
distance of 215.1!2 ft.' to theortiea�sterl
2 said Perryo 4orner of
parcel;, thence N 86 a4n �Y along" the northerly
boundary line of.s-aid Perry parcel, a distance of 35.87"
3
ft. to the true point of beginning.
Containing 4.3 acres, more or less-,, Forest Ranch..
i
5 SECTION 2,.. This Ordinance shall be and it is hereby
6 declared to 'be in fuji force and effect from and after`thirt
7 days after the date of its passa e and bef`
� � ore the y (3d r
h e_pxrat en of ;
8 fifteen (15') days after its passage, this. Ordinance shall be
9ublished once with the, of the members of' f' the Board of �
1.0 Supervisors voting for and against it in the ChiCo Enterprise
r
3
1`1 Record, a n0rspaper published in the Craun"Gy of butte,, State or -
12
f12 California.
{
i
13 PASSBD AND ADOPTED by the Board of Supervisors of the
14 County of Butte, State of California, ori the 27th day of Novembers
15 1984, by the follojving voter
16 AYES Superltiso:s Moseloy, Wht.ejer and Chairman Sarjc*na.
17` NOES ' Supervisors Bolan .unci FuYtbn
18 ABS 8NT None
19 NOT VOTING": tyone
20 y
A AFs.l\I` ; Chairman
21 Butte County Board of Supervisors
Officer and C et S, Chief AdministrativLs
22 �1TI'85T1 MARTIN J: N`CCk1OB
l t+k- of the Beard
25
241 By
2�a
-2-
.. ..........
2
3
4
5
ORDINANCE NO.. 2443
AN ORDINANCE ZONING A PORTION OF THE'C TY OT TE'
STATE OF CALIFORNIA, A R-4 (MAXIMUM p> 'OUN F" B UNSITY RESIDENTIAL
RESTRICTED SERVICE) DISTRICT, PURSUANT TO CHAPTER 24-29,
The Board Of Supei°visors of the County Of Butte, State of
California, under andPursuant to Chapter 2s1-29 of the, I Butte County
Code of said County DO ORDAIN as follblvs:
SECTION I. The---heteinaftbt, described Area situate in
the County Of
Butte, State of California.,shall b e and it
I is hereby
Zoned as La R-4 (Maximum Density Residential - Restricted Service),
'District, and such area shall be subject to the res,tr.jct'
ions and.
restricted uses and riegulatiobs pursuant to Butte County C L ode,
Section 24-144i
Said Area so Zoiitd being located in the Unincorporated'
area of Butte 'County, Chico, more paTtIcularl
y described as follows;
Lot 4 of that parcel inap Of record -recorded in Map
BOOK* 40 on page 80 on file in the of -El - ^Ir 4-1, ij
13 County Recorder.r-11 L Le
14 Containing 1.8 ac -ret more or less rl'
15
16
17
18
19
20
21
:82
SECTION 2i This Ordinance sh,-Ill be and it is Ije-reby
declared to be in, full force and effect from Aild after thirty (n)
days afteT the date of its passage, and before the expiration of
-fifteen (1 5) days 8*fter
its passage, this 'Ordinance shall be
published once with the names Of the members of the Board of
SUP0Yv'SOr8 voting for and Against it in the ChiCO tnterpTi8c
90totd, a bowspapor Published in the County O'�' Butte, State of
:California....
PASSED AND ADOPTED by the Board of Supervisors of the
e lith d A.
, 1� County Of-, 'ButtO, State Of Calltornia, on th y or Wovtmbero
25 1984, by the 4joiloj�'ng vote:
,2o AYtS supervisors
D01aho Pultbftt M08010, , Wiltiblde and ChitkitMan 8aracoiij
4 � ~
. ... _...
ot
...� ORb u t-P..t:E NO, 2442
�
�!�
AN ORDINANCE APPROVING A DEVELOpi�9pNT' AGRELt,PSNT FOR
CERTAIN REAL PROPERTY LOCATED AT
THE EN
BAST-OFF D Or KOVAC COURT
I+P COHASSEI' HIGHWAY., FDBT 'SOUTFI Or FRONTIERCIRCLE; CHIC,O.
l
The Board of Supervisors of the County of Butte, State
of
2
California, DO ORDAIN, as follows
3
,SECTION I. That "the Development Agreemegt. with bIICHA;EL
4
AND LYNVTTEMILLER in the form attached hereto as. Exhibit "A" and
5
incorporated herein by this reference is approved, this Board
0
having found that t`,,e provssiOns of the agreement are consistent
with the Butte County General Plan:
SECTION 2. The Chairman is authorized to execute the.
9
Development.Agreement in the form attached.
10
SECTION 3,. V011014',*Ing comPfete execution of the Develop-
I
11
'merit Agreemert, the Clerk of the. Board Of Supervisors shall
cause
Ig
a copy thereof to be recorded with the. Butte County Recoxder:
13
SECTION 4. This Ordinance shall be and it is hot
a,
'
to be �: Yn full. force and effect from ..nd after thirty (SO)
15
days after the date of its passage, and bofore the ekpiration of-
f16
16
f'f'teen (1.5) days after its passage, this ordinance shall be
17
published once with the names of the members of the Board of
18
Supervisors voting for and against it in the Chicp"Enterprise
19
Record, a newspaper published in the County of`Butte, State of-,
20
California.
21
PASSED AND ADOPTED by the ;3utte "ounty, Board of Supers
22visors
on th'e 27th day of Ncivemtier 19849 by the following vote;
2-3
A'1'E'8,, 8,,'"'3 -Ors po an, `u lion, Hto�el :yr WhtolLat and Ch4itwh SaraCehll,
2¢
NOBS: Nohe
' 23
ABSENT; None
2,0
NOT VOTING; Nine
DEVELOPMENT AGREEMENT
THIS AGREEMENT is entered 'into this I Atli day f December
1984, between MICHAEI, and ,LYNETTE MILLER (hereinafter referred to
as ("Property Owner") and the COUNTY OF BUTTE, a Political subdivsion,.
organizedand existing under the laws of the State of California
(hereinafter referred 'to as "County") .
RECITALS`
This Agreement is predicated ,upon the following facts
1 Government Code §65864-65$69.5 authorize the County to
enter into 'binding development agreements with persons having legal
or equitable interests in real property for the deVelopment, of such
property;
2. binder §55865 the County has adopted rules and regulations,
establishing procedures and requirements for consideration o
development agreeirnents ,
3. Property Owner has requested the County to consa.der entering
into a development agreement and proceedings have been taken into
accordance with the County's rules and regulations.
4. The Butte County Board of Supervisors has :Found that the
development agreement is consistent iNrith the Butte County General
Pl,a; and
8 On November 27
r, 1984, the Board of SiperVisors of
County adopted Ordinance No: s 244 approving the development
agreement with property Owner and the ordinance theteaf,ter took
effect on December 27
y 5 ,
• `` NOW, THEREFORE, the parties agree;
3: De.fixiitWs. In this Agreement, Gess the context:
otherwise requires '
(a�) ""Country" is the County of Butte.
f
(b) "Project" is the development approved by the County,,
(c) "Property Owner" means the person halving a legal or equitable
interest in the realro ert
P P y .1s described in Paragraph 2 and
includes the Property Owner'.S successor in interest.
(d) Proper4y
d ", *-' is th.e real property referred to in
Paragraph 2.
Z. De.sc`nf Re
ri tioof Property. . The real
._ � � PY�. property 1-iIt:icit .is
the subject of this Agreement, is described in Exhibit ",A" attached
hereto and incorporated herein by this reference.
3. Interest of Property Owner. Property Ocvne.r represents
that he has a legcil interest in the real property and that all other
ptrsnns holding legal or, equitable- interests in the property are
to be bound by the agreement.
4. Binding Effect of �1�;re011101lt. Th, burdens Of this Agreetuent
inure to the successors in interest to tile parties to it.,
5
Relationship orf Pana esu. It is understood that the con-
t ractua.l relationshIp between. the County and Property OwieX: is such
that tllc o►v.ner I an in�l"pendent contractor and riot the agent of
the county.
6 p- fFc.
.�.��ct. '1'V,-Insfer of itea_7, Proper�ty to Mother ,7ur.i5clicti.oxi,
It all or a portion of the real, property which is the subject of _
this Agroomelit pis annt:tecl to or atllerty se becoll, s a tart of a City
or ano t}tor C CLIA ty, this Agreemont ter nitrates .
�.. Spec°;�fic fiestrictti.o:ns on 'Pevelep�nent of Real _Pro 'j7ert
s -
In addition to z ng classification, the footi+rng pecific
restrict.iona shall also govern the Ilse Of' the property
(a) Permitted °:tses are those permitted b)r the, R-"4 zoning
classification of the County Of Butte as in existence on the elate
of this, development agreement except the property may no't be used
for any of the following purposes
(i) multiple dwellings and dwelling groups, tents, trailers
or mobile homes
(zi) professional and business offices
(b) The ;maximum height of any buildin- shall be 35 ft:
'(c) Site requirements are these in effect in R--4 zones On the
date of this development agreement.
(d) Construction will be completed 10 year,- from theldate of
this development agreement,.
(e) Nlothing is intended to restr zt t appl x ce nt from developing
the rest home as proposcd''ox developing one single family house in
i
lieu thereof..
B. Public mi7rovcments,' Pac4l.ities and S'ery,1ce*S. '"Pr'op`erty
owner s agree to .
( ) provIde the following public improvements,
�)
facilities and services
t
(a) Comply with current: County ordinances Arid improvement
standards for roadwork.
(b) Submit drama-ge plans to Department Of Public Works and
install any required fa-Ilities ,
(c) Improve drainage pipe into P1.ehsant Walley ditch to
County standards
(d)
Rest hatiate Kaci=lids construction must meet the 'aregttire-
mems cal" tT.1e 5t tte Vire ri=ll s tall l iitcltatlirt;g but not limited to n11aattacr
and :l.oeftt;ion or exit.% aist.,tjj In arttloat mire''
Px'otGct'tort s oink r
System
fie) Soundproof all primary structures to 'Obtain ax indour
CNEL of 45.
('E) Sign and record an avigation easement to the Cit 'of Chico.
acn.
(g) Direct outdoor lighting away from airport operations.
(h)ReasGnahle care is to be taken to insure soils are -not
washed off" •S- to during construction.
(i) Adhere to unifot•m. building code
_for seismically active axe
a ,
W, , If' any artifacts are found during construction, a qualified.
archaeologist tgill be cilled in to evaluate the find.
(k) .Rest home construction to substalitially conform to the
site plan as submitted. July 31 1984.
(1) Minor Pa{operty Improvements such as pr�tfo y pool, .sidewalks
carports, etc. zre allowed without modification. of this �greeMcnt r
Provided facilities are outside of -any required setback and Count
regulations are nie t
i
(nt) The rest 31ome :Lff.c i lines are to house up to 15 ambulatory
persons `vith the possibility of 50 percent expans-lon upon applxerjL .on
and approval of a use permit by the Planning 'Commission.
(n) Moot the requirements of C,U,S,bI for any residential
consttuct; on.
01 Effect of gxeement on 'Land_Use kFW,ulatz`ans Pett:ed rises
as modified by the terms of this agreement shall be governed by the
rules, regu atxons and official policies appjicable
to the density,
design; itrtpraveMent, ana construction standards, and specifications
X
applicab1'0 `to dev'exopment Of the real properiyo are those rit7ess
+ngulat:ons and oCClciCi,1 policies in force ,at the time of the
execlit•ion o"t €:Jtls agrebMettt. Nothing in this agreement is iiitG idcd
PP' g €, y
0
restrict a .l.xcririt front btl;iZd.in one sln,Ie�,;Ea�tiil hoiifie in 7;%e�lt
Of the rest home facilltj
4
This agreem t does nb� p evesrt the Co
Y ;in subsequent
actions applicable to'the real proper"ty From applying, new. rule
regulations and policies tirhich do not conflict with those rules,
regulations and policies apPlicable to property as se't forth in
Paragraph 7. This Ag
reement docs not prevent the Cou
Or conditional]nty from denying
a -
y Ppi, owing any ,subsequent development pi of ect
application on the basis of existing rules, regulations, and policies'..
10. periodic ht.view of' -Compliance with• Agreement .
(a) The County shall, review this Agreement at least once
.y Period'
e�Ter t�ael.ve-month from the date o -f this Agreement is executed.
b
burn each
g periodic review by the County, the property
Owner is required to demonstrate good faith c`aanpl aAce, with the
terms of the Agreement. The Property Owner a.grecs to furiish such
evidence of good faith contE�liance as the County :in the exercise of
its discretion may require.
(c) During tiae pezigdic xevXCI at the end of the ninth year,
p m of this dovexop
the ernes shall consider an extension of the ter
merit agreement.
11Amendment or Cancellation of Agreement. This Agreement
may be amended or cancelled in Vbole oif in part only by tntttual
consent of the parties and in the manner provided for in Government
Code 9965868, 68967 and 65867'.5.
12. )
nforceinent. Unless amended or cancelled as provided in
Parag` 1 ., this . groement is enforceAble by any party to it
xaPit14
regardless of any change in the apnli;cablo general or spoc:ip:lt Platt,
toning, subdivision or building reg Iations ad.dpted by the County
wh i<ch alteror amend the rt.tles, ttg'u l dti ons or
M policies governing
pe •nl tted uses of the land, density, abSi n, inlprOVOIllent and cotta-
str'uctloat stati-daHs and tptcifications.
13 . Vve o E 3�e :tizl t Property
Oer
in. default .
�• app this Agreeme,it upon oie. ha cr
tznd
• b or nlorc or th
event�a or corzc�i fzons folZotvrza
cn:zn r of one
a material tsarr�7n•ty� x•epres�
-•ntg>±: oiz or statement
macte
or furniShed b7' Property Gtwner to the Count co
development a.greernent Y nta fined in this
is false or proves to have been false xrr any
material respect ivher. it �v'as :made,
.
(b) A finding and determination by the Cotxnt
a puraoda:c r.evieZv under the�' made. foj�.oiving ;
procedure provided ;for
Code §65'865-1 that 'upoxz the basis of substantial in Govern:ment'
evidence the Property ;
Owner }zas not complied in good faith with one or
or conditions oP this A more of the terms.
greement,
14 Prose"durd upon Def aul
•'port the oceurrt nce Of an event of dGfa
may terminate or modifyo�lt, the County
this. Agreement in accordance 'with the,
p`irocedure adopted by the County. .
(b) County does not Iva, any claim of defect by property Ot,�l�;r m Yxed n performance
Implied if on periodic reviety the local agency
does not propos fpi modify or terminate
the agreement.
�C) Non-performance shall
not- be ekctysed, because of �. fa.xlure
Of a third, person
(d) An express repudiation,, r'eftzsa'7 or, renunciation cation of the
contract, �,f the same is in z�{rit.ng and Signed by the property
�vners shay be suff3ci,ent to `termif a to the lgreemextt
hearingthe-matter
� and a
on
the matter sham, not be re- uir
E' d
(e) 'That ouloptIon of a ,xat,r or Other over_
m��k;in g Anton gal ac txv:f, t;y
g porloriiiatcc by the applicant ttnp}'ofitah.lc or more
or mo•t•e "POnsive da.friCttlt
� does t1C�t es�t�ttse t}to
)rmancd of the obllgrtt.ioty
by t}ie prop irty OEvtler,
-6-
Cf) Non-rWormanc,e Shall be excuse
�.jlY wlian it}. ,
or dey.ayed by acts of Gad or an enteergency declared Ss px•etic.n.ted
or Governor.,by the President
(g) All other reiitedies at late or
othersin enuiy hi
ch are not
vprovided for in
the Agreement or in Co
unty°s ,e
governing development ogr. cements are available regulations
e to the parties to
Pursue in the even there is a breach._
15.
Damage's `U on Termina�t oiti
rn i10
------------�:' event 'shall Property
Owner be ent�,tl e.d to axi
y damages against County upon termination,
Of this Agreement .for the reasons an
set forth in paxa I -a pursuant to thc-1 procedure
g* phs 13 and 14.
_ If
16• :attorneys Fees aitc
1e
Costs;.
ga 1 action by either
party is brought because of breach of this AgreaMen
t or to enforce
a prov,s'on of this Agreetnen•t, thei
pr�.vaali
ng pari:
to reasonable attarne �.5 entitled
a fees and court crsts.
1. Not_ aces.All P}.
notices req u:iro,j 0
� ` r provxzled for uacie•
this llgreemcnt shall be in Writing and delivered it person 0 sIant
by certfied mail,,
Post-*tge prepa u. Notice 1`e(Ittirod to be
to Count r_ ivon
County .:-hail be addressed as follolfs
County of tette
25 County Cezjter prive
Orova,ll e, California. 95965
Notices reclita.xed: to be
given to Property OtTTIev shall be
addressed as follows..'
Ml,chael. and Lynettc Miller
5 Ceneva lane
Chico, Cali form a X5926
A p x'ty may chjttge the address by,. -tip,,,. itt Lice y iii tivr%t z� to
the other part i
�knd t}terert��'ter i�ot'ices s��4wy � w
tratlshlitted, to tho riot�� r�tltl °esst lclres�,cct and
K
a
1 isC�e1 l
. •
13. Rules Construction and A _ ry
(a) The singular incl Ines the plur,zl; the mascuZ:ine gcncler
includes the femi.n nc; "sh�t:1T" is mari.latcr}• "mayll is permissive,
(b) If a part of this. Agreement is hold to be invalid, the
xemailldOr of the Agreement is not a.E.Eected
(c) If there is more thaii one signer of this Agreement, their
obligations are joint and several.
(,) The timo limits se
ct
gTeement may be
. t forth in this Agreement.
e:ctend6
d b mutual tual consent of the parties; in accordance tvx.th .the
Procedures for adoption of an, agreement:
Y9,
'Otirat on of APrcement. This Agreement shall cxp,ixe on
December 4
IN WITN.tSS WHEREOF, this ,Agreement has been executed
r
y the
parties on the day and year first abO've Wri tte.n.
r
COUNTY Cp xuTTh
By
Chairman, 8o rd of Supcvisors
ATTrST.' MARTIN J, NIC11oL9
Clerk of the 130arcl
By
y_
i
-APPROV D AS To £ORb
Micr ae.l tai Tl r
I,yrte e Mill ci•
`'4
z Mst
r
ORDINANCE NO. 2440
AN ORDINAN
CF ANIENDYNG CHAPTER 2A OF THE
j BUTTE COUNTY CODE -
I
1 I The Board of Supervisors of the County of Butte, State of
2 California DO ORDAIN as follows:,
3 'ECTION l Section 24-126 of the Butte County Code is,
a hereby amended to read as. follows:!
5 j24-126 PUD (Planned Unit Development), Zone.
f
6
(A) Purpose: The purpose of the Planned, unit Development
7
(PUD) i
PUv zone Is to allow diversificat4
n in the relationship of var
g ious fuses, buildings, structures, lot: sizes and open spaces; to I
g encourage and take advantage of o
R Pportunites for integrated,`
10 flexible and superior design than is available through the applz
11 cati.dn of conventional regulation which anticipates ;individual lot d
12, developmentIt is the intent of this zone.: to provide a flexible
1S means to implement: the goals, policies and programs of the Butte
14 County General Plan while Insuringthe
pxov sion of adequate
standards to
15 protect theublic health safety Y and general welfare.:
16 It is also the purpose of this zone to encourage innovative, high
17 duality design, efficient use of land and modern site planning lot
18 res clentaaJ.agriculture, commercial and indusbtial purposes.
19y
(B)' Adopt:io;n and use limitations: A Planned Unit Develop_
20 MWIt (PUD) Zone shall be established by the adoption of an Ordnance'
:1 b the Board, of Supervisors rezoning the property
Y � to the Planned
2«>, Unit Development Zone and adopting by reference a
;sand Use and
:.3; Devolopme,11t Flan, the prt�v slot s of A3.
lch, togzther With any other
94 provxsioris which in the OPillioll of the Board o -f Supery-;sots ai`e
25 Necessary alld included in the Ordinance,' shall Constitute tIle
26 regulatiofts Por the use;, improvi~ment; and Maintenance of the
E _ Mly
r ,
tiC
t�
!t
�. 'jra
P' per'ty within the boundaries of the zoite. Fxce C aS hereinafter
2 `.provided, no use, buildin structure,, or parcel nay
h be matte,
:rented. or otherwj a alte,red ex
r•Fpt as it complies With the �.
.� 4 i
- tGtdzn ince adapted pursuant to this Chapter.S. (,
(C) Land Use ders: ty area"The land use density` of a4y
6 Planned Unit Developmeirit Zone sha.l,t relate to the Butte Cotanty
7 General Plan. design LtiOA.
1.
ll R
Preapplication con-Eere lce > Before filing any appli
tion for Planned Ifni t Uevelopmeht zoning, the
Prospective appli
s
ZJ cant shah :subtt)it
ca to the Director Of Planning PreliMinary plaits,
Ll sketches and basic site information fot conside:ra-ion and advice as
12 to the reiat:ionship of the pr
ogased devei tapn�e;nt tothe applicable
1 G :neral, Sp :c i�fi:c glans 'and polici.es.. Other departjiten•;
is and
lh .t0eSIC:Le.�Z wa � I
yt
• th re,s �onsjbY." - ti
• . r rev,`-W, comment car oilier regu�.a-
:t5 `titin of the 'proposed .sed � Es :Eo
p p doh �lapn�ent_ntay partXcipah0 at, the discretion;
16 o fi
Il
of planntn ;iroctor and with the Pp. p
parCacipa'tan of a ro mate
17 responsible agencies, Pursuant to Saa.tion 210800.; of the Public
lei Resources Code and Section 1$066 of the California Bnvaroninental
19 Quality Act (CV.QA) Guidelines.
Cratotia- kOr COMPle'te ap.plica.tiOn: In addition to the
21 cr tee i a I acted on the attatlied shects the follat,i.tjq
.tents are
2!2 requited
23 . 1. Each pUt) s} 4,li , as a mift:'murrr, p`ro'Vide off-street
24 pa v k in j accorctaace With Chap ter 24 } o E"f-s'troo t
5 Adc1%tiottal pat'kiT equal to 50,OE the required st)�te:es shall be
26 Provided ttnl ss )nJclifiOl iiy tile, plannitt;� b'%rector Or Plan]
tYrt
i
2.Tit residential PIID I s
than
2 If
25% plans shill
of t'Ile residential Portl,on Provide that
not fess
:'for ~Purposes the pxo j ect shall
ot}ler than reo;� sidential d re lttx'tilxzed
i elfin 5
`-'- .rtrehxcular uses and' Pared areas ►
Not less than 4'St of for
such.
5 �recreatson or 25t. sh-a1l be uta r I
park areas �lizeu torj.
avaa.xablr� :Cvr us;�,
-6 sane criteria b r
dor Open s a- idents. The
7
P c e� area
5},tall: a
hxch. p 1 all. res
Y' or may P y to agricultural PUD rs ►
y not include residential uses
n
Lich �; "
8 3 r. industrial
° dl Or Commercial pup shall
S not. fess than Ip'� f
Provide that
°f the pro j ect shall be
10' axers .
l cieVeloped landscaped
t
scaped
4.' BacT, pUD shall obtain teri.ta
~ l2 Butte c,`onnt
Y' Health DepartMent tive clearaalce from the
13 dor � ► , L�vxsa.oxl o•
sewn � briviron nental
sewage disposal and �r�tex su r Health.,
xa pro , oS.. y PPt v for the Project at the
P ,ed Soil. tests cicnsty
dry Ilan
15 are 'anion g Of `test Wells or geolo
� the steps that gic re �
may be re reports
76 seiv e gLta,rcd to
provide
disposal capabilit = r e�'xdencF o;E'
x7 Atxnimtim lot area for and water �t'ti*11.1abilxty or dopiest
}
septic s, xc use.
l8 120.1 Systems nttist co
ft,
E the Butte mply With Section 20
1 �ouri'tY Subdrasxoh ordzrlance
lJ of the a)lcl A
xriprev�jnent Standards for Subdiv;si i V,T.
Ppend
,. 20 h" _ ons
� Apply for a rezone to p
21 Dev�el,o_c�ment i D• The p
intended to a lanried Unit
�.:lot►t divers�,:E`�.cat�.on
c'f vario`U6 Uses,2
b�'ilcirgs; s n rl t
ie t
elat xi`
ns
hxp23 whxI.a nnsUri,69 SlbSStructures,of sites Ind, en 81)iG6S
cornPlst�nre ►rctli
24 tho Gcner.!I Plan a
in -tent aF ttte Ct�Lint�r C�7cle inr . .
�
nd the
e y adc # to standard,,;
to sa t'sfy the JrcgL11ront011ts Pta`
tI1x;Lt1�
.LC til
ttie1,,rkjrc .bl IiGr�l, Sa,E`eCyw fthd
L
i,
Each apply cation :dor a ;rezone to- PUD shouldinclude-
I
2
!hrr
l> Acompleted retonanaR app icatIon .
form
J
I
r
2., A compacted Envzronr�,ental Information I
4
Appendix ►► .►
E
form;
20 copies of a Preliminary development.
plan and a
reproducible master,,
7
Thorawn tan should be drawn to :scale and indicate,.
8
a
a. Proposed s risec ofl i land in the sub'ect
J area;.
8
..
li. Existing natural land features and to ra h I
10
subject area; P y nE the
11
C4 Ca reula tion plan for all,vett clar and ped'estria.n
12
ways.J
including t yP ical . section of roadways • �
13
d. Metes and bounds Of • the � Subject property;:
14
,
e. Location and ,dimenslOns of a1I estinb structures t
Locations o andsca yin r
ii
� g, parking areas,
16
fire hydrants',
street l i.glIting, typical
27
proposed structures seer age
disposal
.and. water supply
p system.
rf
18
gi preliminary ggradinb for the deve�opme.nt,
a
A tit t e report wlza 1i anclttdes a Written, :Legal des
20
cription of the subject area; that
21
report to be not
more,than 6 months old;
22
A prelim r oar } report on provisinrns for and location
2
o.E' storm drainage., se1r`age d{ispasal and public ut:li-
2n
t�,es
25
6. A ''tatcifret2"t jJI1].Cjl dcsc't`'ibcs tlt(1 ,ariizat:i.on of
9'
an ?
pro'pbsticl horneotdrnc:rs � As,rtor.�aCion> isting the ill-tender
I
1
y `i- -
i
I,
►� i
-- covenants, conditions. and restrictxoris
2 I 7 A statement from the applicant v
I pP� nt expla�.nx:;ng how the
I
proposed deirelopment ton Eorms to, and is consistent
u'i,th, the, General Plan; 1
51 it 8. Include a statement that describes the intended;
6 -height•
and bulk of the structures and their rela;-
7 tions -hip to' the surrounding areas
8 9. A statement concerning o
ro
any Proposed' phasing
T of: the
Projei indicating the sec{uence and timing, of each'
ct,
In phase and how each unit would in:depen.dently constitute
11 .reasonable anal orderly development of the area.
12 Addit .oral infornukt 4 on, may be required by the Planning
13 Commission or Board of Supervisors att};e time of any public hearinn,
'p y ' w "r
l
( G'T Application: An application for rezoning to Planned
11
15 Unit Devei.opmetlt, shall be accom anied b
p., y a proposed development plan
16 to ,be reviewed for tentative map <<ppx`ovaS P�irstant to Chapter 20 of
17 the Butte County Code. All applicable tees Avill be submitted as
18 part of the application: Such tees itll include those Tequ4rod for
19 a tentative subciivis on map application: As to farm and content,
20th e proposed development ,elan map and the rev eta process shall
21 conform to the requirements of this code for a. tent
,_It, map, Upon
22 receipt of then recommendations o.r the committee) the Plaftlii, G
23 D.ivettor shall. set the: CLpplication for hearings as in the case of
2n_. other rezoning a `
ppTLGations
Ai i�r C'Ct e;Ll+:Ln thu recommondat•';oilS
from i Lhe P[arinitlg
20 � Cotnnia.ss�.on the Board o � _
) 5upe� vlso�, s t�:L`il approvo,/deny tile: toiltatl,v
I�
�l
jliriap at the same ,hearing as the PUD rezone is approvee "de.niad.
2
f _
SECTION 2. This, Ordinance shall be
• and it is hereby
3declared
to be in full force and effect f-rom an,a af'te'r thirty ( G j
r
4
days after t)i;; d'atc of Its passage, and before the exp rdtion Of
5
fifteen (15') days after its passage, this Ordinance shall be
6
published once with the names of the members of the Board of
7
Supervisors voting for andd against it in tib
3
a newspaper published in the County of Putte; S"ate of California.
9'
PASSED AND AbOF 'i"B]) by -the Board o Supervisors of the
1,0
County of Butte, Sta*e of California, on the 13th day of November,
I
11
1984, by the fe'llowing vote:
12
AXES.S upervisors Doitin F't2It6nr Moseley, Wheeler and cht-rirmnn Saracdni
13
NOES • gone
ABSENT - None
1"
NOT vOTING None
iii an
Butte County Board of Supervisors
18
AT'iTI ST MARTIN J. N2CFjOt8
Chief Administrative Officer and
19
Cletk of the Board
20
21
By
`. 23
2
�5
26
- r
9
Oltlllht�lNCF 0 2459
j; 'AIV ORDINANCE Ani.EiVDII�G CHAPMR, 2'4 OF �
DING � l I7 1
The Board of 8upe'ry sons of the County of Butte
State of
2 1Falifor,ni r IN, as follows:a DO "ORDA
3 �f SECTION 1. Secti
n 24-304.1 of the Butte County C
Y ode is
it. hereb}� added to read as follojys
6 _ §2'3.30:�'.1 Findin'gs and Intent'. Whereas,, the Board of
6 Supervisors cf i3utte County do hereby find ,that for the health,
7 safety and vrelfar.e Of the People of th.xs County that it his oft, gar i
Cecome necessary, for the care of persons who, by reason of oxo
9 age.}. disease (eitliet mental ofj
Physical)
, 'nF rmitj, or other cause,
are finable, uttass.sted
to o properly to manage and taker care Of them-
ll selves or would benefit from familxa7 assistatice, to allots mobile.
12 homes to he placed on smaller parcels than present County codes Or
x
ordinances permit so that such persons +'ill not _have to be in t i tu-
l
tiona.lized 'hint rather can reside near their close relatives who r
15 can.help care for them. The ahl%ty to care fcyr one's cease tela-
tive will not only result sn better: care for any of our citizens,
ns,
17 batt will also negate :in ittany situations the nece,ssllty for pub-lit'
18 assistance whlch many of our cltitens f1nd degrading and damaging
l0 to the pride of the persons concerrnod and their immediate relatives-.0 This Will also provide px~.IWtcy and dignity for the rexati e as
i ,
21 as independence of Which these ;people are deserving
22=,hC`I'1C1N 2, This Orri trance shall be and it is hereby
23 d.erl a rertC to be zit Full Ion ce aiYct 0,q
oct.rom anKt
Ete%
thirty,
cY�s aErEx the date of ats passage, rid
bo ore *i
O%P,, ;it ion 'o z
2b iftCt^,.� (15) days a.'r"tear it
s I�7s rtgc, 'th i 5 Ordinance $hall. be
20 Published otice tvl. t}•i titer taints or the me wi,rfi or tho 130 t rl of
f
i
ISupervisors voting for and against it in the
111
a pun
newt, a er published in the Cot
P P y .Of Butte, S't.lte of CaU,Eornia.
5, '! PASSED AND ADOPTED bY. .tile Board of Supe'r'visors Of the I
A ICaunty of Butte, State of Cdllfornia on the I3 !
th c•lay o � i�lovepiber,
5 I.1984> by the fol:lotfing vote. r
i
6 AXES: Supervisors Doian,. Fti ton, Moseley, eler and Cha%
x•ma.n
7 Sa7raeeni
8NOES : None
9 ABSENT None
10 NOT VOT.INC.- None
i
a , /ZZ, -i-4
11:
:3 y AI, SCiLACEN . C =1 r rrnan
Butte County .Boal'a 0;r Supervisors
I4
15 ATTEST MARTIN J.
N7CI-IbY.5, Che.E Aclm.it:i.strnt:ilwc
16 and Clerk of the Board
1'i By_
18
19
20
2
22
23
2
25
2G I�
»2_
ORDINANCE' NO. 2,438
iY
AN ORDINANCE ZONING A PORTION OF THE COUNTY OV BUTTS,, STATP, c
itOF CALIVORNIA, AN R-3 (INIEDIM-1 DENSITY RESIDENTTAt) DISTRICT,
IE 'PURSUANT TO CHAPTER 24-29.
The Board of Supervisors of the County of Butte, State of
2California, under acidursuant to
� Chapter, 24-29 of the Butte Cdunifiy
3 Cocle of said County DO ORDAIN as follows:
i
a SECTION x. The hereinafter described area satated in j
5 the County of Butte State of California,, shall, be and it is hereby
si
zoned as an R_3 (Me,ditzm; Density Residential), Uistrict and such area;
7 shall he subject to the restrictions. and restricted uses and �
regulations 8 8 s Pursuant to Butte County Code Section 24-1141!. 1
t
9 Said .areaso zoned' being located in the uri.Pcorporated
10 arcp of Butte County, Chico, more particularly descril,,'eds follows
11 All Of -Lot 12 of "Cus.sxck TracV, Per that map of
recorcl, in Map Book 1 on Page 48 on file in the office
11> of the Butte County Record e' excepting therefrom
g herefro
that portion locate, ti��z thin 25(? feet of the centerline
13 of Fast Avenue..
14: Containing � 6 i ?1 acre,;
, more or .less,, Chico, '
Y
1.5 SECTION 2-. This Ordinance Shall be and it is hereby
16 Idricl.arod to be in full ;force and effe't.t from and after thirty ,(30) '
17 days after the date of its!before �a;ssage, and the exp iratioil of
18` fifteen (:15) clays after its passage, this Ordinance Shall 1e
1g Published once With the names of the members of the Briard of
20 Supervisors votJ.ng for and again$$, 't in the Chaco Entorpri�e
21 Record, a noWspaper published in the County of Butte, State of
22 0.111f0thia:
PASSED AND ADOPTED By THE Board of Superlrisors of the
i
24 County of Bu'tto State of Ca fornift,, on the kith day of November U�tom.
25 1984.- , by the Eu l l ot.tCo
Ing vote:
figb««
26 '� AYES: Suerxva cors bol I'u]ton, tYoseie rr t h eLe nt Chaixrcian sar e n3 r
i
.. r
y
W,M,iNANCTi NO. 2,437
AN' dRDINANC'1✓' TONING A PO1tI`10iV 01~ TEII✓ COIJN'i' `' 1
Y OF BT,T P,
i It'
ST:ATx OF C.AL1 1PORNIA, A "PUD" (PLANN'E0 UNIT nE` ELOPMENT)•
DISTRICTj PURSUANT TO CHAPTER 24-29. f
f •
#� The Boaxd of Supervisors of the County Of Dut•t�: State,O
z
2 1i Cal Ifonda, under and Pursuant to Chapter 24-29 ,of theBi'�te' Gaunt:
y�
le ), BO ORDAIN as follows
3 .ode of said Count {
I� •
4 a� Saftrox I. The hereinafter des( xribed area s tua:ted,' in
6 the County of Butte, State Of California, shall he and it is hereby
P )
8 zoned as a. "PUD" (Planned, tJiti fi �r
`.Deelo gent, 17xstrictr , and such area
7 shall be subject to the restrictions attd restic�te(t uses aid :reez-j
g lation5 pursuant to Butte County Code 8ec,ti6 24-.1,Z6
g Saidarea so zoned btiiig located
in the unincorporated f
10 1
area of Butte County, south of Chico, more partIcularl y descrl,'bed
11 as follows
12 All that certain real property Situate, ln- the Countyof115 �
-Butte, State of California,, described as follotvs
A portion of Section 7, T21N, R2E, MVI, particularly
141
described as fallolrs:
15 parcep.:
16 BTGINNING at the point of intersectt,Xan o i± the ;a, 1l;ne o,
Lot 14 of Sect Tori 7, 7'2l N, R2B, pin11Fj!!, and whc!, easte t ly
17 rIglkt-of-way line of the SEWV-11fieltto Nor•thov' Rai]ttyad,
said point being 63.7 ft.. easterly along said S lime.
1$
froanotlte�Slt` corz7er of Said Lot 14 wend: running thenceS 89 4•J. E, 1181.7 ft. along the S :lane o-- SAid Lot 14
9 a xd -the S line of the N half Of the 8R. 1/4 of; saz�l
Section 7 to aKl•ence corn0r thence 'N 1.U° 21► �`ti lolls
20 ft. to an iron pipe at a fence corner on 'th�� :N sxcl�� of
a priWLt0 xo�rd i t}tcnce N 1,k) 11, 25 Y 11 1135.1 .1�t. �:i all,
aran pipe; thence N 32° 24' ii, 3;16.5 it. to all Gaon
p=ipe; thence S '890 35' E,, 9M9 ft. to an iron paper,
thence N 6" 37 ► `E, 646i.3 ftp to an iron pipe ; thence
8n° 54' 11, 792.i) Vit., to •tlte cerr'ter Of that �ertaitt
23 citrr»Tyex krtewtn as Fitt t w Euti e Ct—ook* th(- ce mcander,irik,
down said eliat nel. o r I,i, t tl c 'bsu tto Creel; the fc►11owirtt
2.11 olevea coursest S 31° 07' llf, 31.2 ft N 8b° 05, 11'
217.8 ft. 5 7"�° 41' 11' 14� 3 ft.; 5 216 n�1i It` 27'�:�J
25 ft. ; 490 371 IV, 3,16.4 :�'t. N 761, lit' W 205. cJ
S �° 48tt lV, 140.6 ft. S 720 UOr 11�', 1�b.2 ftp; N y
�B 7 t1 tit, 75.I ft. S 541, 4D` Wt 21:1.7 i+t. �: S 48° 43
f
Ei
a t7�rementao� LV �.ne easterly right-of_1vay line of the
:ped Sacramento `Northern Ra�lrc'ad;
i,
thence
ai:ong .said' rxg'h'C ~o f-t�ta 1zne, t �,� 13 S 0 ;.
them alr�nR �S
said right-of-way line, 8 � 22 RA 3136. 0
ft • to the point of b�
-ginning
f
.
�l
ALSO a orti`oxi of Sectioxt 7, T21N, R2;CiB hi begnrcnf;
at stn p " , �
ron
pile jat a fence corner on thc; N side of a,
probate road,. z�fhiclt pox.nt bears N
?,2°' 4V E, 2238.5 ft,
from the en corner o�,f bot 14 �of Sectirja 7, -R2.E,
PdQI3tj1�1; thence
`T21N,
S 890 311 E 187,9' ft, to an iron,pipe
then ce S 1°' 39'' l 226...1 ft. ,
to iron
7
�� ; r ,gin pipe; thence
S 865 jY;, l€r.I ft. to an axa pipe in a fence, ine;
thence At0`°
8
27 i1', 2 9,9 ft z to the: boi:nt of bei.rining,;
EXCEPTING, T'SR,EFI20i�i the fcfl'lo ttixt,g described property.
10
Being a, poa ti.o�4 of Section 7, T21N', R2l; a 1`tI�13F�M, and rtore
parti-cularly, djE�_%cribed as folloZvs
Ij
G0OIENCINNG at the most eas°ter:ty co'xner of the Se Coll
Subd ivi si an of the 4- P.
12
BI-Itlex Ranch, according to, the
revised map tlit.; eof, on file in the o f ,
13
Countyof the Recorder
of the Count of lira to Stato of California which point t
1s in the xn e�~sect�on p ~
14
n Of the southerly ,line of sa�,cl1.
subdivision ivi t;h Cha Southerly line' o1:' the, -right�of'-xray
Stirling
of the ;.
r _ _
city branch of the Southern Racaflc
rZai..l.,itOad'; ttienc,e frotrt waxd oi:�n�. Or
1.5
`
.. yr ,
�' 56 5.J SS It along
tr p
theme{>otitheasterl line of said Secort.el .3ubd: vis*on of the
:16
.7. r. Entlet Ranch 1417.3 ft4 ' thence leaving c! lin
S 08"' 251 551v iv', 2027, 36 ft to
17
, the Section 1 ine�di�rlde
Sec t3 ons 6 and ;T tits° t,we ing
eastor�.y along said Section
lino 67:23
ft to the °trtte pointq:l L'Ve'g1tin: n,g for the
herei:trt ,descrab,pd parcel; thence Frorn said
18
poxtit of begin.
Hing ":ftd cortti1iU:L tg easterly alolcg said secG:%on line
725.80
x9
.ft. to a poi,xtt, thence S oO° OS"' 19" Lti', 646.y e
ft. to a poxni:u thence N 89° 0"811 W
2b `
.59v , 725.67 ft. to a
point; thence'N Ooa 041 551, i; 642,61 �Ct, to the tTue
poa.nt Of tyeg: tinirg,
21!!!
P 112CV,t, Z
210 '
C0i`l\IbNC 1 1G at the twto4t p4E� tev1y corner o,% tile Second
on
St�bd vls� sort of the d. >~. f:n
23
t lez• Rnriclt accord a ng the `
thereo,E, ori f' l,o a. t tite office
Of
the ou of the Reco` det
Of the Catinty of tttt-te, State or C;rtl.ifO,tnias whi ch point
s xn the
Intersecti.ot of the sotithetr��l " lille of Said
subtt visxon with the 'S'Outiierl.y lit
213
orthe rlght-ot mqy
or tkte Stxr! itlg Cxtyw branch of t)tc Southern Pacific
taz l`t
2r►
oa.rl tlttAce from said pitittt 566 ,59 ► 5S" f► along
tho southEa.sttrrl,y :li.lte of said , ..
econd
4 wst�lltl i tpt! toot �f the
rte
}! r .
�t
i F. Entler kanch, 1.41:7.3 f't . thence, leav°inq said line-
�� s 08'°
2
25'1 5511 IT, 2027."36 :ft. to tho section 3xne dividing
Sections 6 and i`; thence easterly along said
section line
V. -43 ft. to a POin•t on said sl�ction Jill thence leaving'1
,said section line 5 oo ° 04' 3S" W, 642.64 ft. to the tru
Point of beginnirtg for the parcel herein described; thence
-£beg
said-point .nning s o06 22t 331"
'point
5
' to�a oint aaid ' � -
p b�eIng on the southerly line of that
patcel of land cfynveyod by Gilbert ,Alm, et ux, to Malcolm i
J. Jayred, et al`, February
6
reco tided 14, 1966, -ii took'
1413 of official records of Butte County,. a,t; page >594;
7being
thence N 89° 37' 4511 11, 227_23 ft. to a paint, <<9;L5 4.;
on the eastorly line of that certain
s
par-ce1J� of 10.nc
c'on'veyed by Uoyc1, T. Sloan,, et ux, to C-rego,r' A. Vu r`e�tes
'December g
1 et al, reworded 29, 1972, '
in Book 1808 of official
records of Butte County, at 349;
9
page thence N 100 2.9, 1
48" If along said easterly line; 113:44fat.; thence N
10
32° 1.5t 02" .g, 316.52 ft. to a point,, thence 8 890 39,t"
08" E', 274.07 ft. tO the point of beginning.
11
SECTION 2.. The use and dt�velopment property
` a�f s��.d ro erty
12
shall be in -LCC6rd with. the development plan .submitted by the
13
applicant, as conditioned and Incorporated herein by referenco.;
14
Said conditioned development pl m consists of the folloj�in
15
documents
16
A. South Fork Subd-ivlsion PUD showing t,1yr-. entire parcel:.
17
topograj)hy- access to The Midwayinterior xaad!�,,
I
18
builcj'ng Jots typical lot layott With h tJa te>" and
1.9
leech lines, storm drai,nago disposal, area, recreation
20
areas $ common 000n space with Jogging and equestrl'
21
trails, Well sate, typ cKtz 'toadscct ion and fire
92
hydrEint xoc.ati:otjs. U-1Xlt1.isit A
23
8HCTI0,N "J: Said dovoj,oj)jnL.nt pla.tl*(jOntZfied tt? a3'L�
24
(l) the ftrea desi.gncd a$ "Cotn►tton, Area'►, (2) t'he at'ett irlerita fi.ec#
2J i
as "Numbored lots" shall b C5 0:011 S ,7, Ct C xC.' C1 t j.
' � e rt��lG`t.�oj7i11E,'tl"t:
26
SEICTTON 4 Na WIths tWitt.t tit the Prom si.oi7s o Ater
r Chat
i
i
f�
I
. ._126i of the butte County Code, tho F0,1101 -ding provision shall
2 I' goverri the u, , -e and deve-ioptnent of the common area and development j
area
C
f (a) Common Area the use and developmert of thatcir
p . tion,
5 ,( of said property referred to as the common area shall be limited to l
6 thee follot+ring uses;
i
7 1• Open space uses which do not recludre. development E
g, or, 'improvement of a' permanent or Structural xratttr'e (other than !
i
9
wells and recr =iron areas with associated :E'aci xties) ;• and
10
2 Nothing in this,,Section should be cons,.rue3 to
i
2.1. preclude nominal, normal ma ntet ante, activities associated with the
12 natural open space including but note limited to the thinning of
13 trees,, reonval of debris, etc,; and r
3 Off road motorized vehicle ttise of the common �
14 t
]:5 area �s to be pro]',°ibited except as requiredin above.
b DeVel,o ment Area the use and dove1
16 t�� p .. opmGnt of that
17 portion of said property referred to the d'eve;.optttent area sIj,- l.,l
L8 be limited and regulated ted by the blloiving, provisions
19 1 1. The residential btiildind sites as shdtvn on kl'►e.
20devel,ontent P plan shall" be limited to residential 'tses all act*
IVI-
d
2x 't: es, The numbered lots are `to be limlte6i to o;? sr6,f1? E family
22 I dtv l ling per parcel , and
2 115 The sto•r"79e o.0 materials and obJ Octs arottnd the
2,1 ros Inet t io l d��ol l.in s zts shot�rn on t}te dovel.Opt c nt plan shall be
2�.
l tt►ite to thoso t�rh`;cit sir ac e c`sso r� to, nopti:r'tetttnt to arta
2 assacioterl ti+arh thees:itlentL ttse of tho o d.tvol.Zitigs .
I
.4-
t
1�
'' and
2 1i 3 All Other accessory strtic.tures ancl:jar build'
3 �' for "which a building Ings
�I Permit is required shall be limited to those t
I which are accessory to, appurtenant to, �anct' customarily assn
a
with the residential and/or tecre dated
I use of the�
prop"e�rty e and r
u 4.: a p .p �`
The height of all rxn,cx le. structure,, as sholtn
7 on the clev`eloTment plan shall
pot exceed a height of two (2)
stories r 35 feet, and
9 5. The keeping o:i' lzvestock. shall�
be
for horses on logs 1 through the proh� bxtecl Excep
large estates Eats-
1�
t1. [ ) > and
'
5 , Home occu" atlons as deFxriecl xrt Chap ter 24-21 of
1,2 the Butte County Code shall be allowed unless
13
2tomeo4�yers association proh�`bited, by the
14 7• Signs shall be lint'
ted to an
x
idents fication of
15 the, develo merit not to eXceed tc►o
7 `
s ice of 50' sgttaxe, feet _ ) in number 4th _ a maximum
1G each, except that; Signs advertising the
17 1 dovelopment and sale of units may
be permitted until 85 percent
lg of the batZdin s.t o are y
.,o. d or until a pe7*i.4d, n.E ;Five Cyears
' 5)
1.3 has elapsed, `►vlci,cJlcvcr is filtst The rlevelo ,ex
20
blc for the removal o all signs associ€t:te p shall be �'ew ponsi
dvytl the salt; �F saa cl
23.1 Property; aril
22 S= Brie in sh Qj be r
p`rovidc'cI around t"hepe � rr►Cter
2,3
of the Sitz: 1r th- a secuTit
y;at�j at +the en trance to the do -vol `t
map-
i eant The fortes rtbbve shat. 6��
sIx
6) to 01'0
, tt: (8)- feet in
2a he-ij ilt P,xctpt �O►' the !=t rice 1iong theo�tsk(:i'ri i)
0LIftda ny �rhicl sltali
2t l ho sir (6) feet .Yn hr
,t71tt. Clarr"'wlcc from t}te DLPOtt.:tlitexlt o
rl Works is required for fences within the build-
in�-
g _0. ba&k ►aloe the
Inti c# tY•a.}• . g
SECTION S. The developer shall establish a homeolvxlers
r
4
(! association or other legal entity to be responsible for the mai.nw
5 tenance and upkeep Of the utilities; roads, sewage disposal
0 facYli.tes, and all otherreal.
property owned in commbri_, The
developer shall assume responsibility for the unsold re
s maanxng
8, membersp ip., Until such time as the homeowners association can
9 reasonably as ai m+ �.
'
ar the
P P r pumps.
�' ten::-.
to ante Arld u kee of the road8 ,, Crater um s. and , ojl,s fire hydrants
11 recreational fa.cil.xties, drainage disposal area, and all real-
12 property owned in common6 To ensure that tj e }zdmeblfners associ
1.3 axon is, adequately Formed to meet the responsibi;t.:it ns the
14 developer shall submit copies of said hofieotvners association
,
n
15 agreement to the tate County Planning Departme,,t for reviety an
x6 i approval d
prior to the recordation of any subsequent map attthtir* ina
17 the sale of any real proporty •J
an con unc-4iox With this development
18
SECTION 6, This Ordinince shall be and `it is hereby
19 declared to be in full force and effect from and after, thirty
(ao)
20 days after the clat e o� its passe•�e
atId before the eXpiration of
21 p fifteelt (15) days after its passa.,;e t7tis r�rclinarice slaal7 I>>
! � I
22 ptttsl lshed once With t!.c Bathos a� the �ttettit�exs o f tato �oa7•d n
i f
23 tf[ crv%soi•s vo t ing fol' and age ins t it in tYo Chico
8ntc.rprise
; . Rec Ordt a neWspaper ptthl,i.sltcd in the: COLInty of Sutto 5t
ate o F
25 I Call i`ornis
20 I 2��1.�S�sU ft�,i�Cl �1t1
I OPI" M t)y tete I Gard Of 5ttt�ex`r* sot:; or the
.. 6
t