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HomeMy WebLinkAbout1152oRDINANCE r~o. I152 AN ORDINANCE ZONING A PORTIOi~ OF THE COUNTY OF BUTTE "PA-C" (PLANNED AREA~-CLUSTER} 1 2` 3 4 5 6 7 8: 9 la 21- 12 13 14 15- ].6 17 18 19 20 21 22 23 24 25 26 SECTION 1. PURP05E 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 tradi- tional 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 ex~,sting and proposed land uses, the County General Plan and any applicable precise plans. Said development plan shall not be legally bindi~f~g on the developer or subsequent owners,. however, any substantial deviation from said plan may, if found by by the Board of Supervisors or/the Planning Commission to be inimical 'to the public health, safety ar welfare, be considered good cause for the initiation of rezoning proceedings by said ward or Commission. Further, said zone si~ould be applied only ~{~here its peri- pheral. boundaries can be adequately integrated with the surrounding public road system and surrounding canes without creating nuisances from noise, fumes, congestion or other causes. SECTION 2. USES PERP~iITTED. 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 ar otizerv~ise, and uses accessory thereto, shall only be permitted upon securing a use permit. l b. Additional uses permitted subject to securing a use 2 permit are .those requiring a use permit in tl~e "C--l" zone, pro-- 3 vided, however, that automobile courts and mobile Home Parks are 4 prohibited. ~ SECTION 3. LOT REGULATIONS. ~ Tn said zones there shall be no..minimum lot size, setback, 7 side yard, rear yard, or lot width or frontage requirements, pro- 8~ vided, however, that where a cluster zone abuts a residential zone, 9 t.3.ze setback requirements of the abutting residential zone in exis- ~.p tense at the time the "PA-C" zone is approved by the planning cam- l~. mission shall apply to t'r~at pardon of the cluster zone along the ~~ boundary common to the cluster and residential zone. ~;~ SECTION 4. ACCESS P,EQUTRE~~IENTS 14 Access to each lot or to the common area serving said lot ~,~, shall be provided in accordance with t_~e requirements of Chapter 20 Zg of the Butte County Code including the improvement standards set' 17 forth in the resolution of standards adopted pursuant thereto. lg Vehicular and pedestrian movement in said cluster parcel lg adequate for the use intended sin all be evidenced by rights of way 2p ar easements granted on a final subdivision map or rights of way 21 or easements granted by separate instrument pursuant to approval 22 of the Board of Supervisors. Desirable minimum width of any such 23' easement is twenty {201 feet. 2,¢ SECTION 5. LOT COVisRAGE ~~ Ian lot (when considered together with its proportionate 26 share of any common space) shall be permitted building coverage _2_ 1 greater than that permitted in the "C--1" zone for an equal size 2 lot used for the same purpose. 3 SECTION 6. SUPERSESSION 4 In the event the regulations for this none clearly conflict 5 with the terms of any other applicable ordi~zance of the County of ~ Butte except Building. Electrical, i~lumbing, and Sewage codes, '7 the provisions hereof shall control. The provisions of this ar- 8 dinance shall be construed to Ue in harmony with all such ordinance 9 unless clearly in conflict therewith. Arty subdivision established lp in a Cluster zone after the effective date of this ordinance shall 11 be deemed to be an "open space subdivision" for the purposes of 12 Section ~0~-30.2 of the Butte County Code. 1.3. SECTION 7. All improvements wit~~in said zone shall. meet 14 the requirements of Chapters 19, 26, 27 and 28 of the Butte County ~g Code. 16 SECTION f3. The maximum size of any "PA--C" zorse shall be 17` twenttr (20) acres. lg SECTION 9. O~'F STT,EET PA RI{II~iG. 19 Off-street parking shall be required pursuant to the 24 following formula: 21 Residential Uses: Two {2) parking spaces far each living 22 unit . 2g Offices: One (1) harking space far each 400 square feet 24 of grass floor area. 25 Retail Stores: One {1) parking space for each 300 square 26: feet of gross floor area. ~- 3- l 2 3` 4 5' s 7 8 9 10 ll' ]:2 13` 14` 3.5 16 ~.7: T8. l9. 20 2l 22- 23' 24 2S 26 Churches: One (1} parking space for each four seats in the s anctuary . Said parl~ing area may be owned it:eiiviGUally or by the owners of more than one lot 3n common. SECTTON 30. PROCEDURE Any application for rezoning to Planned Area Cluster shall be accompanied by a preliminary development plan to be submitted to the subaivision 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 sha11 conform to ti1E? requirements of said Code far a tentative sub- division map. 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 sZ~all be as provided in the zoning Enabling Ordinance, this Ordinance shah. from and after its effective date become a supplement to and part of the Zoning Ena-... tiling Ordinance. SECTION 12. The hereinafter described area situate in the County of Butte, State of California, si~Iall be and it is hereby zoned as a. "PA-C" (Planned Area--Cluster) District and such areas ~sha11 be subject to the restrictions and restricted us es and regula-- tions hereinafter specified and provided. .Said areas so zoned being located in the unincorporated area of Butte County, near Chico, California, more particularly described as follows: _~_ ii 1 2 3 4. 5 6, 7 8 9: I0 1l 12 7, 3 Z4' 15 16 1.7 ~:8 is 20 az 22 23 24' 23: 26 Lot ~, of "Rio Linda Suh" der mad recorded in ~9ap Book 14 an Page 40, in the offfce of the Recorder, County flf Butte, State of California; Excepting therefro~ the easterly l0a feet of the Southerly 200 feet; - ~ _ Can taming 2.04 acres. ,a~C~'~ON ].3. This Ordinance sha3J. be grid it is hereby de- c~.ared to be in full fcarc:e anct effect from and a~cter thirty (30} days after the irate of its passage and ~efare the exgiratian of fifteen (l5) days after its passagQ, this Ordinance shall be publishes once with the names of the memlaers of thy: Baard voting for and against it in the Chica Enterprise--Record w~= _ ___, a newspaper published in the county of i3utte, State of California. SASSED AND ,~DOP`~.'ED by the Boas of Supervisors of the County of Butte, State of Ca~.ifornia, this 2nd dad of March 171., by the following vote: AYES: Supervisors Gilman, Madigan, and Chairman Reynolds DOES: Nane ABSENT: Supervisors Maxon and lop -~ JERE REYNOLD , airman of the Bute ourity Boar of Supervi.sars .ATTEST: CTsARIC A. NELSUN, County C3.er~c and Exwnffa.cio CZerk~ of the B©ard of 5~upervisars Clerk or Deputy _3~ _. w~t~-z-a,k~~ V E2Vp.~.E ~ S.t M E IZf..Y R FSt~iR . . posS ' ~ G~txzxS~. ' . SArnUEt_ t+l , L ! IC * J. r~M ~7"suf ~~r~~y ~~~~~ art ~r . z4•~ r,~r-~ * y'ry ~ ~ -cj, 5 cF.4` ~7sd~.~~i, ilFrARrT-L~.~~• ~ a7$A r L.~~ ~ 7' i ~~ ;~? :- ~~ ~ ~ ~ ~; ~ wFk~;~ Feb. 4, 971. ~ ~4 ~5 Q ~~ , .~ ~r ~~v3 APPLICANT : E , M t11e t. &. a ~' 1 t ~ ~ - ~ t~.~ , .H.~~ ~~~ ~ ~; 4st ;~ D. 8.=, Sn der 3~ } F a ~ ~5 }'e 6 r ~ Y. r, ~ ,~- ~ ~ ~ ,~ ,~:~ ~ ~~ C~TI3ER: Same. HEND~~Scai.~. ~aY~ ~ <-~ ~~ ~ 8 ~ ~fs~ ~,,'~':'_~;; y ~'~~ ~' ~i s ~ ~ r REQUESTt a. `•~LRezvr~in from ~~--2" ~ ~ ~ r r ~ 5,~s y ~ , rr~^ r n e°~ - { ~., ~ Y ~-., r~ b.~ ~U$e pe 't~ for ~ ~~ ~ ~ { ~' x~~ ~ ~~~~~;{ ~ ~ ~ultipl Residential ~" i ~~ , , { .'Q„ '~?~,, f ~°'. 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