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Ordinance No. 1120
AN ORDINANCE ZONING A PORTION OF THE COUNTY
OF BUTTE PAC (PLANNED AREA-CLUSTER)
SECTION 1. PURPOSE
The "PA-C" Zone is intended to facilitate the development
of centers of residential or light commercial activities
or a combination thereof and related uses without regard
to the traditional limitations on lot size, road frontage,
setback, side yards and rear yard.
Said zone is to be applied only to areas
determined to be suitable for such uses, as evidenced by
a development plan to be submitted by the applicant to
the Commission, and to be evaluated by reference to
existing and proposed land uses, the County General Plan.
and any applicable precise ,plans, Said development plan.
shall not be legally binding on the developer or sub-
sequent owners, however, any substantial deviation from
said plan may, if found by the Board of Supervisors or
by the Planning Commission to be inimical to the public
health, safety or welfare, be considered good cause for
the initiation of rezoning proceedings by said Board or
commission.
Further, said zone should be applied only where
its peripheral boundaries can be adequately integrated
with the surrounding public road system and surrounding
zones without creating nuisances from noise, fumes,
congestion or other causes,
SECTION 2, USES PERMITTED.
a. Those uses permitted in the "C-l:" (Light
Commercial) District and accessory uses shall
be permitted within said zone, provided,
however, that residential uses, cluster or
otherwise, and uses accessory thereto, shall
only be permitted upon securing a use permit.
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bo Additional uses permitted subject to securing
a use permit are those requiring a use permit.
in the "C-1" zone, provided, however, that
automobile courts and Mobile Home Farks are
prohibitedo
SECTION 3o LOT REGULATIONS.
In said zones there shall be no minimum lot size, setback,
side yard, rear yard, or lot width or frontage requirements,
provided, however, that where a cluster zone abuts a residential
zone, the setback requirements of the abutting residential zone
in existence at the time the PA-C zone is approved by the planning
commission shall apply to that portion of the cluster zone along
the boundary common to the cluster and residential zone,
SECTION ~, ACCESS REQUIREMENTS
Access to each lot or to the common area serving said
lot shall be provided in accordance with the requirements of
Chapter 20 of the Butte County Code including the improvement..
standards set forth in the resolution of standards adopted
pursuant thereto,
Vehicular and pedestrian movement in said cluster--pa-reel
adequate for the use intended shall be evidenced by rights-of-way
or easements granted on a final subdivision map or rights-of-way
or easements granted by separate instrument pursuant to approval
of the Board of Supervisorso Desirable minimum width of any such
easement is twenty (20) feeto
SECTION 5, LOT COVERAGE.
No lot (when considered together with its proportionate
share of any common space) shall be permitted building coverage
greater than that permitted in the "C-1" zone for an equal size
lot used for the same purposed
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SECTION 6. SUPERSESSION
In the event the regulations for this zone clearly conflic~
with the terms of any other applicable ordinance of the County
of Butte except Building, Electrical, Plumbing, and Sewage:•cAdes~.t
provisions hereof shall controlo The provisions of this ordinance
shall be construed to be in harmony with all such ordinances
unless clearly in conflict therewitho Any subdivision established
in a Cluster zone after the effective date of this ordinance
shall be deemed to be an "open space subdivision" for the purposes
of Section 20-30,2 of Butte County Code.
SECTION 7, All improvements within said zone shall meet the
requirements of Chapters 19, 2b, 27 and 28 of the Butte County
Code.
SECTION 8. The maximum size of any PA-C zone shall be twenty
(20) acres.
SECTION 9. 0~'F STREET PARKING.
Off street parking shall be required pursuant to the
following formula:
Residential Uses: Two (2) parking spaces for each living
unito
Offices: One (1) parking space for each 400 square feet
of gross floor areao
Retail Stores: One (1) parking space for each 300 square
feet of gross floor areao
Churches: One (1) parking space for each four seats
in the sanctuary.
Said parking area may be owned individually or by the
owners of more than one lot in common.
SECTION 10o PROCEDURE
Any application for rezoning to Planned Area Commercial
shall be accompanied by a preliminary development plan to be
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submitted to the subdivision committee for review and report
pursuant to Section 20-13 of the Butte County Code. As to form
and content, the preliminary development plan map and the review
process shall conform to the requirements of said Code for a
tentative subdivision mapo Upon receipt of the recommendations
of the committee, the Planning Director shall set the application
for hearings as in the case of other rezoning applications.
SECTION 11. The penalties for the violation of the zoning hereby
imposed within the district shall be as provided in the Zoning.
enabling Ordinance, this Ordinance shall from and after its
effective date become a supplement to and part of the Zoning
Enabling Ordinanceo
SECTION 12o The hereinafter described area situate in the County
of Butte, State of California, shall be and it is hereby zoned
as an "PA-C" (Planned Area-Cluster) District and such areas shall
be subject to the ,restxictians and restricted uses and regulations
hereinafter specified and provided, Said areas so zoned `beir-g
located in the unincorporated area of Butte County, California, and
particularly described as follows:
All that portion of Section 26, Township 23 North, Range
3 East, M.D.Ma, described as follows:
Beginning at a 2" iron pipe tagged R.C.E. 9033 marking
the most Southerly corner of Lot 116 of Paradise Pines
Unit No, 6 as said Lot 116 is shown on the official plat
thereof, filed in the office of the Recorder of Butte
County, in Book 35 of Maps at Pages 92, 93, and 94;
thence from said point of beginning along the Southerly
boundary of said Paradise Pines Unit No. 6 the following
five (5) courses: (1) North 45°29'50 " East 135.00 feet,
(2) North 84°43'04" East 40,00 feet, (3) from a tangent
that bears South 05°16'54" East, Southeasterly 81;95
feet along the arc of a curve concave to the Northeast,
having a radius of 380,00 feet, through a central angle
of I2°21'23", (4) tangent to said curve South 17°38'19"
East 349.73 feet, and (5) Southeasterly 67.52 feet along
the arc of a tangent curve concave to the Southwest,
having a radius of 370.00 feet, through a central
angle of 10°27'23"; thence leaving said boundary
Southwesterly 134,26 feet along the arc of a tangent
curve concave to the Northwest having a radius of 220.00
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feet, through a central angle of 34°58'02"; thence
tangent to said curve South 27°47'06'' West 157.6$ feet;
thence South 52°36'09" West 575.00 feet; thence North
51°03'15" West 276.39 feet; thence North 28°33'05"
East 387007 feet; thence North 10°00'29" East 258.94
feet; thence North 49°01'47" East 352,39 feet to the
point of beginning and containing 10.275 acres, more
or less,
SECTION 13. This Ordinance shall be and it is hereby declared
~to be in full farce and effect from and after thirty (3~) 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 members of the Board voting
for and against it in the _ Paradise post- ~
a newspaper published in the County of Butte, State of California.
PASSED AND ADOPTED by the Board of Supervisors of the
(County of Butte, State of California, this ~Oth day of
~Oetober , 1970, by the following vote:
AYES: Supervisors Howsden, Maxon, McKillop, Reynolds,
and Chairman Dunaway
NOES: None
ABSENT: None
NOT VOTING: None
0. E. DUNAWAY, Chairman o the
Butte County Board of Sup isors
ATTEST:
CLARK A. NELSON, County Clerk
and ex-officio Clerk of the
Board/~o~f Supervisors
By ~~ C ~~
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