HomeMy WebLinkAbout1338ORDINANCE NO. 1338
AN ORDINANCE ZONxNG A PORTION OF THE COUNTY OF BUTTE
"PA-C" (PLANNED AREA-CLUSTER)
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The Board of Supervisors of the County of Butte, State of
California, under and pursuant to ordinance No. X75, of said Count ,
being the Zoning Enabling Ordinance, as amended, DO ORDAIN as
follows:
SECTION 1. The hereinafter described area situate in
the County of Butte, State of California, shall be and it is
I~hereby zoned as a "PA-C" '(Planned Area-Cluster) District and such
',areas shall be subject to the restrictions and restricted uses and
(regulations hereinafter specified and provided. Said area so
zoned being located in the unincorporated area of Butte County,
near Oroville, California, more particularly described as follows:
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All of Lot 52, Oroville Wyandotte Fruitlands Unit Flo. 3
per map recorded in Map Book 11 on p-ages 19 and 20;
The southerly 375 ft. of Lot 47, Oroville Wyandotte
Fru9t1ands Unit No. 2 per map recorded in Map Book 11
on pages 11 and 12. All maps recorded in the Office of
', the Recorder, County of Butte, State of California.
Containing 5 acres, more or less.
SECTION 2. 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, read frontage, setback,:.sideyards
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 Genera
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i Plan and any applicable precise plans. Said development plan steal
2 not be legally binding on the developer or subsequent owners,
3 however, any substantial deviation from said plan may, if found by
4 the Board of Supervisors or the Planning Commission to be
6 inimical to the public health, safety or welfare, be considered
6 good cause for the initiation of rezoning proceedings by said
7 Board or Commission.
8 k'urther, said zone should be applied only where its periw
9 pheral boundaries can be adequately integrated with the surroundin
10 public road system and surrounding zones without creating nuisance
11 from noise, fumes, congestion or other causes.
i2 SECTION 3. USES FERMITTED.
13 a. Those uses permitted in the "C-1" (Light Commercial)
14 District and accessory uses shall be permitted within said Zone,
15 provided, however, that residential uses, cluster or otherwise, any
18 uses accessory thereto, shall only be permitted upon securing a use
17 'permit.
i8 b. Additional uses permitted subject to securing a use
i9 permit are those requiring a use permit in the "C-1" zone, pro-
20 vided, however, that automobile courts and Mobile Home Parks are
21 prohibited.
2$ SECTION 3. LOT REGULATIONS.
23 Tn said zones there shall be no minimum lot size, setback,
Z4 side and rear
y yard, or lot width or frontage requirements, pro-
~ vided, however, that where a cluster zone abuts a residential zone,
28 the setback requirements of the abutting residential zone in exis-
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fence 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 5. ACCESS REQUIREMENTS
Access to each lot or to the common area serving said lot
!shall be provided in accordance with the requirements of Chapter 2(
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 6. SOT 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-l" zone for an equal size
lot used for the same purpose.
SECTION 7. 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 codes,
the provisions hereof shall control. The provisions of this or-
dinance `shall be construed to be in harmony with all such ordi-
nances unless clearly in conflict therewith. Any subdivision
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1 established in a Cluster zone after the effective date of this
2 ordinance shall be deemed to be an "open Space subdivision" for
3 the purposes of Section 20-30.2 of the Butte County Code.
4 SECTION 8. All improvements within said zone shall meet
6 the requirements of Chapters 19, 26, 27 and 28 of the Butte County
6 Code.
SECTION 9. The maximum size of any "PA-C" zone shall be
8 twenty (20) acres.
9 SECTION 10. OFF STREET PARKING.
10 Off--street parking shall be required pursuant to the
11 following formula:
12 Residential Uses: Two (2) parking spaces for each living
13 unit.
14 Offices: One (1} parking space for each 100 square feet
15 of gross floor area.
18 Retail Stores: One (1) space for each 300 square
17 feet of gross floor area.
18 Churches: One (1) parking space for each four seats in
19 the sanctuary.
20 Said parking area may be owned individually or by the
21 owners of more than one lot ~:n common.
22 SECTION 11. PROCUDURE
23 Any application for rezoning to Planned Area Cluster shall
24 be accompanied by a preliminary development plan to be submitted
~ to the subdivision committee for review and report pursuant to
26 Section 20-13 of the Butte County Code. As to form and content, I~!
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1''the preliminary development plan map and the review process shall
2 .conform to the requirements of said Code for a tentative sub-
3' division map. Upon receipt of the recommendations of the Committee
4; the Planning Director shall set the application for hearings as
6 in the case of other rezoning applications.
8 SECTION 12, The penalties for the violation o~ the zoning
7 herebyr:imposed within the district shall. be as provided in the
8 Zoning Enabling Ordinance, this Ordinance shall from and after its
9 effective date become a supplement to and part of the Zoning
10 Enabling Ordinance.
11 SECTION 13. This Ordinance shall be and it is hereby de-
12 Glared to be in full force, and effect from and after thirty (30)
13 days after the date of its passage and before the expiration of
14 fifteen (15) days after its passage, this ordinance shall be
15 published once with the names of the members of the Board voting
18 for and against it in the Oroville Mercu a
17 newspaper published in the County of Butte, State of California.
18 PASSED AND ADOPTED by the Board of Supervisors of the
19 County of Butte, State of California, this 27th day of March
20 1973, by the following vote:
21 YES: Supervisors Cameron, Ladd and Chairman McKillap
22 oES: Supervisors Gilman and Madigan
23 BsENT: None
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~ CK Mc LLOP, h arman
tte County Board of Supervisor
28 TTEST: CLARK A. NELSON, County Clerk
and ex-offscio Clerk of the Board of Supervisors
C er or Deputy -5-