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HomeMy WebLinkAbout1181ORDINANCE N0. 1181 AN ORDINANCE ZONING A PORTION OF THE COUNTY OF BUTTE' "PA-C"(PLANNED AREA-CLUSTER) 1 T 8 9 1 0. 11 12 13 14 15 16 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 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 subsequent owners, however, any substantial deviation from said plan may, if found by the Board of Supervisors or by the Planning Commission to be mimic 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 peri- pheral 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-1" (Light Commercial) District and accessory uses shall be permitted within said zone, provided, however, that residential uses, cluster or otherwise, a~,.'. uses accessory thereto, shall only be permitted upon securing a ,.., %~ permit. i 1 2 3 4' 5'. 6 7 8 9 10 11 12 13 14 1.5 16 17 18 19 2Q 21 22 23 24 25 26 b. Additional uses permitted subject to securing a use permit are those requiring a use permit in the "C--1" zone, pro- vided, however,'.that automobile courts and P4obile Home Parks are prohibited. SECTION 3. T,OT REGULATIONS. In said zones there shall be no minimum lot size, setback, side yard, rear yard, or lot width or frontage requirements, pro- vided, however, that where a cluster zone abuts a residential. zone, the setback requirements of the abutting residential zone zn exis- tence at the time the "PA-C" zone is approved by the planning com- mission shall apply to that portion of the cluster zone along the (boundary common ~to the cluster and residential zone. SECTION 4. 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 parcel 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 Supervisors. Desirable minimum width of any such easement is twenty (20) feet. SECTION 5. LOT COVERAGE No lot (when considered together with its proportionate share of any common space) shall be permitted building coverage -2- i 1' greater than that permitted in the "C-1" zone for an equal size 2 lot used for the same puzpose. 3 SECTION 6. SUPERSESSION 4 In the event the regulations for this zone clearly conflict 5' with the terms of any other applicable ordinance of the County of 6' Butte except Building, Electrical, Plumbing, and Sewage codes, 7 the provisions hereof shall control. The provisions of this or- 8 dinance shall be construed to be in harmony with all such ordinance 9 unless clearly in conflict therewith. Any subdivision established 14 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 20-30.2 of the Butte County Code. 13 SECTION 7. All improvements within said zone shall meet 14 the requirements of Chapters 19, 26, 27 and 28 of the Butte County 15 Code. Z6 SECTION 8. The maximum size .of any "PA-C" zone shall be 17 twenty (20) acres. 18 SECTION 9. OFF STREET PARiCLNG. 19 Off-street parking shall be required pursuant to the 20 following formula: 21 Residential Uses: Two (2) parking spaces for .each living 22 unit. 23 Offices: One (1) parking space for each A00 square feet 24 of gross floor area. 25 Retail Stores: One (1) parking space for each 300 square 26 feet of gross floor area. -3- l 9 10 I1 Churches: One f1) 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. SEC'T'ION 10. P~tOCEDURE Any application for rezoning to Planned Area Cluster shall be accompanied by a preliminary development plan to be 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 sub- division map. Upon receipt of the recommendations of the committee, the Flanning 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 Ena- bling Ordinance. SECTION 12. The hereinafter described area situate in the County of Butte, State of California, shall be and it is hereby zoned as a "PA-C" (Planned Area-Cluster) District and such areas shall be subject to the restrictions and restricted uses and regu- lations 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: -4- Being located near Chico, California and being a portion of "Hobart Sub" per map recorded in Map Book 4 on Page 24 in the Butte County Re- corders Office; more particularly described as Lot 27 of said "Hobart Sub" and all that part of Lot 28 said "Hobart Sub" lying west of the following described line; beginning at the northeast corner of said Lot 28, thence southerly along the east line of Lot 28, 360 ft.; thence southwesterly along a curve concave to the west; having a radius of 350 ft., through a central angle of 60°, an arc length of 366.516 ft.; thence south 32° 39' west 160 ft. more or less to the southerly line of said Lot 28. Containing 19.54 acres m/1. 10 11 12 13 14 15 16 17; 18 T9 20 21:: 22 23 24 25 26. SECTION 13. mhis Ordinance shall be and it is hereby de- clared•to be in full force and effect from and after thirty {30) 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 Chico FntPrnr9sP-RPr_or~i a newspaper published in ttze County of Butte, State of California. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, this L~hday of _.rn 1-Y - 1971, by~the following vote: AYES: Supervisors Gilman, Madigan, McI{i11.op, and Chairman Reynolds NOES: None ABSENT: Supervisor Maxon ~~ J E. REY 0 S, C airman o t e to County. Board of Supervisors ATTEST: CLAR~C A. NELSON, County Clerk and Ex-officio Clerk of the Bo d of Superv' or C1er or Deputy ..5-