HomeMy WebLinkAbout1418ORDINANCE NO. 1.418
AN INTERIM ORDINANCE ZONING A PORTION OF THE COUNTY
OF BUTTE AN "TM-20" (TIMBER-MOUNTAIN} ORDINANCE DISTRICT
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The Board of Supervisors of the County of Butte, State of
California, under and pursuant to Ordinance No . 4 75 , as amended ;
by Ordinance No. 1333, and Government Code paragraph 65858, DOES
ORDAIN as fob.lows:
SECTION 1. FINDINGS. ,
The Board of Supervisors of the County of Butte hereby
finds that the hereinafter described area situated in the County
of Butte, State of California, was zoned "A-2" when the land use
in the said area was relatively stable, with division and develop-
ment of property occurring at a slow rate, that the said area was
at the time, generally devoted to timber, livestock, mining, wild-
life preservation and-outdoor recreation and consisted of r~la-
tively large parcels field by. a relative~.y. few owners.: The Board
further finds that.::such open .space uses are well suited to the
geology, terrain. vegetation and climate of-said area. The
Board further finds that the resources of said area are of great
importance to the people of this area and the preservation of
those resources is necessary for the proper maintenance of the
economy of this county. The Board further finds that the preser-
vation of open space lands is also necessary for the assurance
of the continued availability of land for the production of food
and fiber, for the enjoyment of scenic beauty for recreation and
for the use of natural resources. The Board further finds that
said area is now subject to increasing pressure for more intensiv
development than would be consistent with its continued use for
rural land uses. The Board further finds that the existing "A-2"
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zoning regulations allow a wide varie ty of uses and allow parcel
sizes as small as 8,125 square feet. The Board further finds that
'the uses and parcel sizes of "A--2" zoning are inconsistent with
'the land use designations of the Butte County General Plan for
,said area.
SEC`T'ION 2. AREA. The hereinafter described area
situate in the County of Butte, State of California, shall. be and
it is hereby zoned as an "TM-20" (Timber_Mountain) District for a
,period of 180 days, and such area shall be subject to the res-
trictions and restricted uses and regulations hereinafter specifi
and provided. The said area so zoned is located in the unincor~-
porated area of Butte County and is more Aarticularly described
as follows:
All that portion of Butte County lying east of and north
of the following described line:
Beginning at the intersection of the west line of Sec
27, T24N, R2E, with the north County boundary; thence
south along the west line of said Sec 27 & Sec 34
and Sec 3 of T23N, R2E, to the SW corner of said Sec
3; thence east -along the south line of said Sec 3,
Sec 2 & Sec 1, to the SE corner of said Sec l; thence
south along the east line of Sec 12, T23N, R2E, to the
SE corner of said Sec 12; also being the SW corner of
Sec 7, T23N, R3E; thence east along the south line
of said Sec 7, Sec: B, Sec 9, Sec- 10, and Sec 11 to the
centerline of Skyway; thence meandering southerly along
Skyway to the south line of Sec 25, T23N, R3E; thence
east along the south line of-said Sec 25 and the south
line of Sec ~0, T23N, R4E, to the centerline of the west
Branch of the Feather River; thence meandering southerly
along said centerline to Lake Oroville; thence continuing
southerly along the centerline of the West Branch of Lake
Oroville to the centerline of the north Fork of Lake
Oroville; thence continuing southerly along the center-
of the North E'ork of Lake Oroville to the North line
of Sec 31, T20N, RSE; thence southeasterly to the center
of the Bidwell Suspension Bridge; being the Oroville--
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Quincy Hwy.; thence southerly along Oroville-Quincy
Hcay. to Forbestown Rd.; thence easterly along Forbes-
town Rd. to the intersection of the east-west centerline
of Sec 13, T19N, R5E; thence east along the east-west
centerline of said Sec 13 ,. and the east-west centerline
of Sec 18, T19N, R6E, to the east ~ corner of said
Sec 18; thence south along the east line of said Sec 18
to Forbestown Rd.; thence easterly along Forbestown Rd.
to the west line of the east ~ of the SW ~ of Sec 17,
T19N, R6E; thence north along said-west line to a
point located 660.42 ft. south of the east-west centerline
of said Sec 17; thence N 88° 37' 32" E, 1313.57 ft. to
the north-south centerline of said Sec 17; thence south
along said north-south centerline 329.15 ft.; thence
N 8$° 12' 04" E, 1241.34 ft.;°.thence, N 00° 02' 07" ~~,
989.57 ft. to the east-west centerline of said Sec 17;
thence east along said east-west centerline of Sec 17
and Sec 16 to the east Coa~nty boundary.
Excepting therefrom:
The NW ~ of Sec 5, T23N, R3E, MDB&.M
the SE 4 of the NE ~ & the NE ~ of the SE ~ of
Sec 6, T23N, R3E
Parcels identified•.as AP 61-08--07, AP 62-26-05,
AP 62-26-07, AP 62-26-09, AP 62--26-10, AP 62--26-3.1,
AP 62-26-20, AP 62-26-21, AP 62-26-22, AP 62-26-23,
AP 62-27--02, AP 62-27-09, AP 62--27-10, AP 62-27-11,
and AP 71-02-22 on Mans filed in the Office of
Butte County Assessor on March 5, 1973;
All that land, on both sides of the centerline
and within 350 ft. of:
a . Hwy . 3 2 ;
b. Hwy. 70;
c. Oroville--Quincy Rd.;
Harts Mill;
from Forbestown Rd. to
d. Forbestown Rd., from Oroville-Quincy Rd. to
Lumpkin Rd,;
e. Lumpkin Rd., from Forbestown Rd. to Enterprise
Rd;
"Merry Mountain Village, Unit #1- as recorded
in map book 34 on page 1? & 19;
"Merry Mountain Village, Unit #2", as recorded
in map book 35 on pages 32, 33 & 34;
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"Merry Mountain Village, Unit #3", as recorded
in map book 35, on pages 76 & ?7;
"Merry Mountain Village, Unit #4", as recorded
in map book 38 on page 95 & 96.
SECTION 3. Regulations for a "TM-20" District. The
following regulations shah. apply in an "TM~-20" District:
3.1 USES_FERMITTED
a. .. .. ,
Single-family dwellings, including mobile homes.
b. Management, raising, harvesting and removal 'of
trees, shrubs, seedlings, flowers, herbs and all
food crops for human or animal consumption.
c. Keeping and wising small animals for domestic
use, including dogs, cats and household pets,
poultry and other birds, bees, fish and frogs.
d. Keeping,-raising and pasturing of cattle, horses,
sheep, goats, hogs or other livestock, provided
that no more than two (2} such animals be kept
-per ;acre on parcels of less than five (5) acres
and no more than four (4} such animals be kept
per acre on parcels of five (5} acres or more.
e, Prospecting, claiming, drilling, mining, excavating
and dredging of mineral, hydrocarbon and geothermal
resources, except as limited in 3.2.
f.
E Protection of land and forests from fire, erosion,
floods, slides, quakes, insects, diseases and
pollution, including arboretums and natural wild-
ernes , experimental and study areas.
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Display and sale of products of agricultural uses
2 and home arts and crafts produced on the premises.
3 h. Accessory uses, improvements and structures
4 customary and pertinent to permitted uses, except
5 as limited in 3.2, including guest houses, barns,
6 sheds, shops, garages and storage areas.
7 3.2 Uses permitted subject to first securing a use
8 permit in ea ch case;
9 a. Residential uses other than one single-family
10 dwelling per parcel or one single-family dwelling
11 per twenty 420) acres, including labor camps com-
12 mercial guest lodging, group quarters or dwelling
13 units at greater densities.
14 b. Commercial wood processing plants.
15 c. Commercial kennels and animal hospitals.
16 d. Commercial livestock feed yards.
17 e. Animal product processing plants.
18 ~ f. Mining, quarrying and excavating activities which
I9 might be objectionable by reason of noise, odor,
2U smoke, dust, bright light, vibration, stream pol-
21 lotion or handling of explosives yr dangerous
22 materials.
23 g. Commercial boat ramps, docks and landing facilities.
$4 h. Aircraft landing facilities.
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Disposal areas and sewage treatment facilities.
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Public and quasi--public uses including schools ,
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1 parks, playgrounds, recreational facilities, utility
2' system structures, meeting halls, hospitals,
3 libraries, museums, government offices and similar
4 uses.
5 k. Private or commercial outdoor recreation facilities
8 on sites of not less than five {5} acres, including
7 country clubs, golf courses, drivxng~ranges, racing
8''' tracks and courses, riding academies and stables,
~ hunting and fishing camps and clubs, and gun clubs
I0 and ranges.
II 3.3 LOT AREA: Minimum required area of a lot per dwellinc
I2 unit shall not be less than ZO acres.
13 3.4 LOT WTDTH REQUIRED: Minimum required lot width shall
I4 be not less than sixty-five {65) feet.
I5 3.5 FRONT YARD REQUIRED: Minimum required front building
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I6. setback shall be not less than fifty {54 feet from the centerline
I7 ` of the road, except where the road is classified by the County as
18 a Federal Aid Secondary Road, the minimum required front building
~'~ setback shall be not less than fifty--five {55} feet from the
20; '' centerline.
2I 3.6 SIDE YARD REQUIRED: Minimum required side building
22 setback shall be not Less than twenty-five (25} feet.
23 3.7 REAR YARD REQUIRED: Minimum required rear building
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setback shall be not less than fifty {54} feet,
~ SECTION 4. All uses of land within the district not
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specifically authorized and permitted in Sections 2 and 3 are~~
prohibited.
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SECTION 5. In compliance with the provisions of said
'Zoning Enabling Ordinance, the same is hereby amended by adding
this Ordinance in full.
SECTION 6. The pena~.ties for the violation of the zoning
hereby imposed within the district shall be as provided in the
Zoning Enabling Ordinance. In compliance with the provisions of
',the Zoning Enabling Ordinance, this Ordinance shall from and after
Bits effective date become a supplement to and part of the Zoning
Enabling Ordinance .
SECTION 7. This urgency ordinance shall take effect
immediately upon its passage, and before the expiration of fifteen
{15) days after its passage shall be published once with the names
'of all members of the Board of Supervisors voting for and against
the same in the _ _ 0rov3.lle Mercury, ~ _, a newspaper in general
circulation in the County of Butte, State of California. The
facts constituting the urgency on which this Ordinance is based are
1. That open space uses are well suited to the geology,
;terrain, vegetation and climate of said area.
2. That the resources of said area should be preserved
for the proper maintenance of the economy of the area.
3. That the preservation of open space Lands is necessary
-for assurance of availability of land for production of food and
timber and for the enjoyment of scenic beauty, for recreation and
~>-the use of natural resources.
4. To allow time for the completion of the comprehensive
'zoning study for the area which is now in process.
PASSED AND ADOPTED by the Board of Supervisors of the
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County of Butte, State of California, on the 18th day of December, 1973,
by the fol].aw3.ng vote:
:AYE S: Supervisors Cameron, G~.lman, Madigan and Chairman McKi.llop
NOES : Supervisor Ladd
ABSENT : None / i
Uri41\ 1'1V i~J.LL V+. ~ 4aaa.a •. .a. r...w a.
Butte County Board of Supervisors
ATTEST: CLARK A. NELSON, County Clerk
and Ex~-officio Clerk of the Board
C ~.er o r Deputy
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