HomeMy WebLinkAbout1317oRDINAI~rCE is1~
A1V INTERIP-! ORDIEdAIVCE ZONING A PORTION OF TiIE C(f'_i.:'~"~"
OF I3UTTF, STATE OP CALIFOIL~ITA, A "PA-C" (PLANiiEI)
AREA-CLUSTER) DISTRICT AND ESTABLISHING REGULATIU~!';
FOR THE USE OF LAND AI7D CONSTRUCTION OF Bt32LDINGS.
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The Board of Supervisors of the County of Butte, State of
California under and pursuant to Ordinance No. 475, as amended, and
declaring an emergency, DO ORDAIN as follows:
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 tradi-
tional limitations on lot size, road frontage, setback, side yards
and rear yards.
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
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 peri-
pheral botu~daries can be adequately integrated with the surroundin
public road system and surrounding zones without creating nuisances
from noise, fumes, congestion or other causes.
SECTTOPd 2. USES PERPQITTED
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1 a. Those uses permitted in th.e "C-1" (Light Commercial)
2 District and accessory uses shall be permitted within said zone,
3 provided, however, that residential uses, cluster or otherwise, and
4 uses accessory thereto, shall only be permitted upon securing a use
5' permit.
g b. Additional uses permitted subject to securing a use
7 permit are thane requiring a use permit in the "C-1" zone, pro-
8 vided, however, that automobile courts and Prtobile home Parks are
9 prohibited.
10 SECTION 3. LOT REGULATIONS.
I1 In said zones there shall be no minimum lot size, setback,
12 side yard, rear yard, or lot width or frontage requirements, pro-
13 vided, however, that where a cluster zone abuts a residential zone,
14 the setback requirements of the abutting residential zone in exis-
15 tents at the time the "PA-C" zone is approved by the planning com-
16 mission shall apply to that portion o£ the cluster zone along the
12 boundary common to the cluster and residential zone.
18 SECTION ?. ACCESS REQUIREP'IENTS
19 Access to each lot or to the common area serving said lot
2U shall be provided in accordance with the requirements o£ Chapter 2(
21 of the Butte County Code including the improvement standards set
22 forth in the resolution of standards adopted pursuant thereto.
23 Vehicular and pedestrian movement in said cluster parcel
adequate for the use intended shall be evidenced by rights-of way
~ or easements granted an a final subdivision map or rights of way
28 or easements granted by separate instrument pursuant to approval
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1 of the Board of Supervisors. Desirable minimum width of any such
2 easement is twenty (20) feet.
3 SFCTIOP7 5 , LOT COVERAGE
4 No lot (when considered "together with its proportionate
6 share of any common space) shall be permitted built?ing coverage
8 greater than that permitted in the "C-1" zone for an equal size
7 lot used for the same purpose.
8 SECTION 6. SUPERSESSION
9 Tn the event the regulations for this zone clearly conflict
10 orith the terms of any other applicable ordinance of the County of
11 Lune except puilding, Electrical, Plumbing, and Sewage codes,
I2 the provisions hereof shall control. The provisions of this or-
13 dinance shall be construed to be in harmony with all such ordinance
14 unless clearly in conflict therewith. Any subdivision established
15 in a cluster zone after the effective date of t??is ordinance shall
18 be deemed to be an "open space subdivision°' for the purposes of
17 Section 20-30.2 fo the Butte County Code,
18 SECTION 7. A11 improvements within said zone shall meet
19 'the requirements of Chapters 19, 26, 27 and 2II of the 3utte County
20 'Code.
21 SECTION E. The maximum size of any "PA-C" zone shall be
22 '.twenty (20) acres.
23 SECTION 9. OP'F STREET PAP,I{IIQG.
24 Off-street parking shall be required pursuant to the
following formula:
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Residential T1ses: Two (2) parking spaces for each living
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1 unit.
2 Offices: One (1) parking space for each 400 square feet
3 of gross floor area.
4 Retail Stores: one (1) parking space for each 300 square
6 feet of gross floor area.
6 Churches: One (1) parking space for each four seats in
7 the sanctuary.
8 Said parking area may be owned individually or by the
9 owners of more than one lot in common.
10 SECTION 10. PROCrDURE.
11 Any application for rezoning to Planned Area Cluster shall
12 be accompanied by a preliminary development plan to be submitted
13 to the subdivision committee for review and report pursuant to
14 Section 20-13 of the Butte County Code. As to form and content,
15 the preliminary development plan map and the review process shall
16 conform to the requirements of said Code for a tentative sub-
17 division map. Upon receipt of the recommendations of the committe
18 the Planning Director shall set the application for hearings as
19 in the case of other rezoning applications.
20 SECTION 1~1: The penalties for the violation of the zoning
21 ,hereby imposed within the district shall be as provided in the
22 Zoning Enabling Ordinance, this Ordinance shall from and after its
23 effective date become a supplement to and part of the Zoning Enab-
24 ling Ordinance.
~ SECTION 12. The hereinafter described area situate in
26 the County of Butte, State of California, shall be and it is hereb
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1 .zoned as a °PA-C° (Planned ~irea--Cluster) District and such areas
2 shall be subject to the restrictions and restricted uses and regu--
3 lations hereinafter specified and provided. Said areas so zoned
4 being located in the unincorporated area of Butte County, in
6 Paradise, California, more particularly described as follows:
81 Beginning at a point on the west right of way line
of Pentz Road said point also being the southeast
7 corner of Lot l3 of "Eden Roc Sub" per map recorded
in iUIap Book 35 on pages 18, 19, 20 and 21 in the
8 office of Butte County Recorder; thence along the
boundary of said "F3den Roc Sub" the following
9 courses and distances; S08 11' 50"W, 182.39 ft;
S88 36' 42"P1', 426.49 ft; S00 12' 30"W, 357.9
10 ft; 589 09' 15"W, 420.0 ft; N00 12' 30"[d, 777.03
ft. to the northwest corner of Lot 79 said "Eden
I1 Roc Sub"; thence continuing N00 12' 30"W to the
south right of way line of Bi11e Road; thence
12 easterly along said south right of way line to
the west right of way line of Pentz Road; thence
13 " southerly along said west right of way line to
the point of beginning. Containing 15.6 acres,
14 more or less.
15 SECTION 13. For the immediate preservation of the public
16 ,peace, health and safety of the area hereinabove described, and
17''the residents and inhabitants thereof, it is necessary that this
18 ordinance take effect immediately. A declaration of the facts
19 :constituting the necessity therefore is as follows:
20 The adoption of such Interim Zoning Plan is necessary in
21 'the public interest, to maintain the status quo in such district
22 ..,pending the determination of the application for such permanent
23 detail zoning.
24 SECTION 14. This emergency ordinance shall take effect
~ 'immediately upon its passage, and before the expiration of fifteen
26 (15) days after its passage shall be published once with. the names
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of all members of the Board of Supervisors voting for and against
the same in the Paradise Post a newspaper in general
circulation in the County of Butts, State of California.
PASSED AND ADOPTED by the Board of Supervisors of the
,County of Butte, State of California, on the 9th , day of
January 1973, by the following vote:
AYES: Supervisors Cameron, Gilman, Ladd, Madigan and Chaixman McKillop
NOES : None
ABSENT: None
CR MCKILLOP, airman
utte County Board of Supervisors
ATTEST:
CLARK A. NELSON, COUNTY CLERK
and Ex--officio Clerk of the Board of Supervisors
Clerk or Deputy
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