HomeMy WebLinkAbout1379;I ~~ -~f
oRDINANCE No. x-379
AN DRDINANCE REPEALING AND CONSOLIDATING "PA-C" (PLANNED
AREA - CLUSTER) ORDINANCE NOS. 1.120, 1181, 132$, 1338,
AND ESTABLISHING REGULATIONS FOR THE USE OF LAND AND THE
CONSTRUCTION AND USES OF BUILDINGS IN A "PA-C" (PLANNED
AREA - CLUSTER) DISTRICT OF BUTTE COUNTY.
The Board of Supervisors of the County of Butte, State
Hof California, under and pursuant to Ordinance No. X75 of said
county, being the zoning enabling ordinance, as amended, do ordain
has follows:
SECTION 1. PURPOSE OF PA-C ZONE,
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The "PA-C" Zone is intended to facilitate the develop-
ment of centers of residential or light commercial activities or
a combination thereof and related uses without regard to the tra-
ditional 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 develapment plan to
be submitted by the applicant to the Planning Commission, and to
be evaluated by reference to existing and proposed land uses,
the County General Plan and any applicable precise plans. The
final development plan, as approved by the Board of Supervisors,
shall be binding on the developer ar subsequent owners as regula-
tions for land uses within the zone. Deviations from the said
,plan (except minor deviations which do not increase the density
'ar intensity of any use, change the character of any use or in-
troduce any new uses) shall require re-zoning in accordance with
an amended develapment plan.
Further, said zone should be applied only where its
peripheral boundaries can be adequately integrated with the
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surrounding public road system and surrounding Zones without
creating nuisances from noise, fumes, congestion or other causes.
SECTION 2. USES PERMITTED.
The following uses sha11 be permitted in the "PA-C"
zone:
a. Those uses which are permitted in the "C-l" (Light
Commercial) District without the necessity of securing a use permit
b. Service stations.
SECTION 3. USES PROHIBITED.
A11 other uses of land not specifically authorized under
Section 2 above are prohibited.
SECTION 4. LOT REGULATIONS.
There shall be no setback, side yard, rear yard, or lot
width or frontage requirements in areas zoned "PA-C". Provided,
however, that where a "PA-C" zone abuts a single or multiple famil;
~~ residential zone, the setback requirements of the abutting resi-
dential zone in existence at the time the "PA-C" zone application
~I is acted upon by the Planning Commission shall apply to that
', portion of the cluster zone along the boundary common to the
cluster and residential zone. Provided further, however,.that no
structure within a.:"PA-C" zone sha11 be Located within ten (l0)
I', feet of a common property line between the."PA-C" zone and an
~ abutting single or multiple-residential zone.
SECTION 5. ACCESS REQUIREMENTS.
Access to each lot or to the common area serving said
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1 lot shah. be provided in accordance with the requirements of
2 Chapter 20 of the Butte County Code including the improvement.
3 standards set forth in the resolution of standards adopted pursuan
4 thereto.
5 Vehicular and pedestrian movement in said cluster parcel
g adequate far the use intended shall be evidenced by ,rights-of-way
ar easements granted on a final subdivision map or rights-of-way
g or easements granted by separate instrument pursuant to approval
g of the Board of Supervisors. Desirable minimum width of any
30 such easement is twenty (20) feet.
13 SECTION 6. LOT COVERAGE.
12 No lot (when considered together with its proportionate
33 share of any common space) shall be permitted building coverage
34 greater than that permitted~:':in the "C-1" zone for an equal sine
35 lot used for the same purpose.
36 SECTION 7. SUPERSESSION.
17 In the event the regulations for this zone clearly con-
18 flirt with the terms of any other applicable ordinances of the
39 County of Butte except Building, Electrical, Plumbing, and
20 Sewage codes, the provisions hereof shall control. The provi-
23 sions of this ordinance shall be. construed to be in harmony with
22 all such ordinances unless clearly in conflict therewith. Any
23 subdivision established in a Cluster zone after the effective date
~ of this ordinance shall be deemed to be an "open space subdivision
2"~ for the purposes of Section 20-30.2 of the Butte County Code.
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SECTION 8. IMPROVEMENTS.
Ali improvements within said zone shall meet the require-
ments of Chapters 19, 26, 27 and 28 of the Butte County Code.
SECTION 9. MINIMUM AREA.
The minimum area of any "PA--C" District shall be three
(3) acres.
SECTION 10. OFF STREET PARKING.
Off--street parking shall be required pursuant to the
following formula:
Residential Uses: Two (2) parking spaces for each
living unit.
Offices: One (1} parking space far each X00 square
feet of gross floor area.
Retail Stores: One (1) parking space for each X00
square feet of gross floor area.
Said parking area may be owned individually by the
owners of more than one lot in common.
SECTION 11. PROCEDURE.
Any application far 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 subdivision map. Upon receipt of the recommendations
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of the committee, the Planning Director shall set the application
for hearings as in the case of other rezoning applications.
SECTION 12. PENALTIES.
The penalties far the violation of the zoning hereby
imposed within the districts shall be as provided in the Zoning
Enabling Ordinance (No. 475). This Ordinance shall .from and
after its effective date become a supplement to and part of the
Zoning Enabling Ordinance.
SECTION 13. AREAS ZONED PA-C DESCRIPTIONS AND PLANS.
The hereinafter described areas situate in the County
of Butte, State of California, shall be and are hereby zoned as
"PA-C" {Planned Area-Cluster) Districts and such areas shall be
subject to the restrictions and restricted uses and regulations
hereinafter specified and provided in the respective approved
development plan for each such District, which plans are on~=€i1~~
~:r~:.the~-.office..~of ~th~-_Cc>unty:_Cierk and the Planning Department:
A. That certain area located in the unincorporated area
of Butte County, in Paradise Pines, known as "The Village", more
particularly described as follows:
All that portion of Section 26, Township 23 North, Range
3 East, M.D.M., 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 Bute
County, in Baok 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,I
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1 (2) North $4°43'04" East 40.00 feet, (3) from a tangent
.that bears South OS°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 12°21'23", (4) tangent to said curve South 17°38'19"
East 349.73 feet, and (5) Southeasterly 67.52 feet alonc
4 the arc of a tangent curve concave to the Southwest,
having a radius of 370.00 feet, through a central
5 angle of 10°27`23"; thence leaving said boundary
Southwesterly 134.26 feet along the arc of a tangent
g curve concave to the Northwest having a radius of 220.0(
feet, through a central angle of 34°58'02"; thence
~ tangent to said curve South 27°47'06" West 157.68 feet;
thence South 52°36'09" West 575.00 feet; thence North
g 51°03'15" West 276.39 feet; thence North 28°33'05"
East 387.07 feet; thence North 10°00'29" East 258.94
g feet; thence North 49°01`47" East 352.39 feet to the
point of beginning and containing 10.275 acres, more
10 ar less.
11: The approved development plan for the said area is ,~denti-tied
12 ~ _ as Exhibit. A and incorporated herein.
13 B. That certain area located~in the unincorporated area
Z4 of Butte County, near Chico, California, described as follows:
15 Being a portion of "Hobart Sub" per map recorded in Map
Book 4 on Page 24 in the Butte County Recorders Office;
16 more particularly described as Lot 27 of said "Hobart
Sub'.' and all that part of Lot 28 said "Hobart Sub"
17 lying west of the fallowing described lane; beginning
at the northeast corner of said Lot 28, thence south-
~.~ erly along the east line of Lot 28, 360 ft.; thence
southwesterly along a curve concave to the west; having
19 a radius of 350 ft., through a central angel of 60°, an
arc length of 366.516 ft.; thence south 32°39' west 160
20 ft. more or less to the southerly line of said Lat 28.
21 Containing 19.54 acres more or lass.
22 The approved development plan for the said area is ~3~8s~'~~~.e~d~x~~~t<
23 as Exhibit B and incorporated herein.
~ C. That certain area located in the unincorporated
~ area of Butte County, in Paradise, California, more particularly
~6 described as:
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2B
Beginning at a point on the west right-of-way line of
Pentz Road said point also being the southeast corner
of Lot 13 of "Eden Roc Sub" per map recorded in Map
Book 35 on pages 18, 19, 20 and 21 in the office of
Butte County Recorder ;• thence along the boundary of
said "Eden Roc Sub" the following courses and distances;
S08°11'50"W, 182.39 ft; S88°36'2"W, 426.49 ft; S00°
12'30"W, 357.9 ft; S89"09'15"W, 420.0 ft; N00°12`30"W,
777.03 ft. to the northwest corner of Lot 79 said
"Eden Roc Sub"; thence continuing N00°12'30"W to the
south right-of-way line of Bi11e Road; thence easterly
along said south right-of-way line to the west right-
of~-way line of Pentz Road; thence southerly along said
west right-of-way line to the point of beginning.
Containing 15.6 acres, mare or less.
The approved development plan for the said area is ~d~~~~~,.f~,~ed
.,.....::;:~3 as Exhibit C and incorporated herein.
D. That certain area located in the unincorporated
area of Butte County, near Oroville, California, more particul-
arly described as follows:
All of Lot 52, Oroville Wyandotte Fruitlands Unit No. 3
per map recorded in Map Book ll on pages 19 and 20;
The southerly 375 ft. of Lot 47, Oroville Wyandotte
Fru~lands Unit No. 2 per map recorded in Map Book 11
on pages ll and 12. All maps recorded in the Office
of the Recorder, County of Butte, State of California.
Containing 5 acres, more or less.
The approved development plan for the said area is ~.clenti~f•~ed
., .._ :~ ~~, as Exhibit D and incorporated herein.
SECTION 14. Butte County Ordinances Nos. 13.20, 1181,
1328 and 1338 are hereby repealed.
SECTION l5. This Ordinance shall be and it is hereby
declared to be in full force and effect from and after thirty
(30} days after the date of its passage and before the expiration
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of fifteen (].~) 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 a.n the County of Butte, State of California.
PASSED AND ADOPTED by the Butte County Board of Super-~
visors this- 1G-th -day of Aii~u.5~ ~ ~ ~ , 1973, by the
following vote:
AYES: Supervisors Cameron, G~.iman, Ladd, Madigan and Chairman McKa.:
NOES: None
ABSENT: None
NOT VOTING; None /I ^ ^ ~,
ATTEST: GLARK A. NELSON, County Clerk
and ex~-officio Clerk of the
Board of Supervisors.
Clerk or Deputy
KILLOP, Chairman of
of Supervisors
_lop
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