HomeMy WebLinkAbout1482ORDINANCE NO. ~':.;~t~~[~82
AN INTERIM ORDINANCE ZONING~A PORTION OF THE COUNTY
OF BUTTE AN "TM-i60" (TIMBER-MOUNTAIN) DISTRICT,
PURSUANT TO ORDINANCE NO. 475, AS AMENDED
1 The Board of Supervisors of the County of Butte, State
2 of California, under and pursuant to Ordinance No. 475, as amended,
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and dec3.aring an emergence, DO ORDAIN as follows-
4 SECTION. ~:. FINDINGS
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The Board of Supervisors of the County of Butte hereby
6 finds that the hereinafter described area situated in the County
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of Butte, State of California, was zoned "A-2" when the land use
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in the; said area was relatively stable, with division and develop-
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ment of property occurring at a slow rate, that the said area was
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at the time generally devoted to timber, livestock, mining, wild-
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life preservation and outdoor recreation and consisted of rela-
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tively large parcels held by a relatively few owners. The Board
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further finds that such open space uses are well suited to the
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geology.,. terrain,. vegetation and climate of said area. The
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Board further finds that the resources of said area are of great
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importance to the people of this area and the preservation of
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those resources is necessary for the property maintenance of the
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economy of the county. The Berard further finds that the preser-
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vation of open space lands is also necessary far the assurance of
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the continued availability of land for the production of food and
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fiber, for the enjoyment of scenic beauty for recreation and for
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the use of natural resources. The Board further €inds that;-said
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area is now subject to increasing pressure for more intensa:ve
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development. The Board further finds that the existing "A-2"
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zoning regulations allow a wide variety of uses and allow parcel
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sizes as small as 8,125 square feet. The Board further finds that
the uses allowed and the parcel sizes of "A-2" zoning are inconsis~
tent with the open space and land-use elements of the Butte County
General Plan far said area. The Board further finds the necessity
to review the land use and open space elements of the County Gener l
Plan to achieve the consistency required by Government Code, Plann
ing and Zoning Law, Title 7,
SECTION 2. The hereinafter described area situated in
the County of Butte, State of California, shall be and it is
hereby zoned as an "TM-160" (Timber-M4untainy District, for a
period of 120 days, and such area-shall be subject to the restric-
tions and restricted uses and regulations hereinafter specified
and provided. Said area so zoned being located in X11"that part
of the County of Butte lying eastsouth and north of the following
desC~3.~~d line;
Commencing at the intersection of the west line of Sec
31, T25N, R3E, MDB&M with the north County line said
intersection also being on-the range line between R2E,
and R3E, thence south to the township line between T23N,
and.T24N;.thence. west.along said range line to the NW
corner of Sec 3, T23N, R2E, MDB&M; thence south to the ::
SW corner of said Sec 3; thence east along the south
line of .,.said- Sec 3, Sec 2 and Sec;~.all in T23N, R2E to th
range, line between R2E and R3E; thence south along said
range.-line to the SW co~rner~`of Sec~9, T23N, R3E, MDB&M;
thence east along the .south line of said Sec 7, Sec 8,
Sec 9, Sec 1~, and Sec 11,. ta..Skyway; thence meandering
northerly along Skyway to the `South line of the N~ 4f
the NW4 of said Sec ll, T23N, R3E, MDB&M; thenoe east =~`
along said south line of the_ N'~-~ o~ the- NW4 of Sec 11 to
the north-south centerline.. .of..s'a~d. Sec. 11; thence north
along said north-south centerline to the north line of
the 5~ of the SW~ of Sec 2, T23N, R3E,.MDB &M; thence
west along the north line of the S~ of the SW~ of said
Sec 2, 1385.5 ft; thence north parallel with the west
line of said Sec 2, 350 ft; thence west parallel. with tY:
north line of the S~ of the SW~ of said Sec 2, 350 ft;
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thence. south parallel with the west line of said Sec 2,
350 ft to the north line of the S'~ of the SW~ of said
Sec 2; thence west along the north line of the S Z of the
SW4 of said Sec. 2, 904.5 ft. to. the west lir3ae of said
Sec 2; thence south along said west line to the SW cornea
of said Sec 2; thence west to the SW corner of Sec 3,
T23N, R3E, MDB&M; thence north along the west line of
said Sec 3 and Sec 34, T24.N, R3E, MDB&M, to the NW cornea
of said Sec 34; thence east along the north line of said
Sec 34, Sec 35, & Sec 36, all in T24N, R4E; thence con-
tinuing east to the NE corner of said Sec 31; thence
south along the east line of said Sec 31 to the NE cornea
of Sec 6, T23N, R4E, MDB&M; thence continuing. south alonc_
the east line of said Sec 6, Sec 7, Sec 18, Sec 19, and
Sec 30 to the SE corner of Sec 30, T23N, R4E, MDB&M;
thence west along the south line of said Sec 30 to the
centerline of the west-branch of the Feather. River, thenc
Meandering southerly along said~centerZine to Lake Oro-
ville; thence continuing southerly along the centerline
of the West Branch of Lake Oroville to the centerline of
the north Fork.. of Lake Oraville; thence coatinvir.g'=~south-
erly along the center of the North.-Fork of Lake Oroville
to~the north line of Sec 31, T20N; RAE; thence southeast-
erly to the center of the Bidwell .suspension Bridge;'".
being the OroviJ;lewQuincy Hwy. thence. southerly along '
Oroville-Quincy Hta~ , to Forbestown.~:Rd, thence easterly
along Forbestv~~x Rd. to .the intersection of the east- ~-
west centerli,ne~ :of Sec 13 , T19N; R5E5 s thence east along; ~.
the east-west centerline of said"Sec;:~.3, and the east-- ,~:
west centerline~.of Sec 18, T19Nt:rtR6E" to the E ¢ corner ::
of said Sec 18;.~ thence south along: the east line o'f saa.d
Sec. 18 to~Forbestown Rd ., thence easterly along Forbes-
town Rd. to the west line of the E Z 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. See 17; thence N$8o 37' 32" E, 1313.57 ft. to the
north-south centerline of said Sec~l7; thence south alon
said north-sou~h~ centerline. 329 .15 ft; ~henc~ N 880 ~1~:' .
04" E, 124I.34 : ft.; thence N OOo 02~ `:O7 W, 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 County Boundary. ~~ ~.
Excepting therefrom:
The NW quarter of Sec 5, T23N, R3E, MDB&M.
The SE a. of the NEB and the ,.NE ~ of. the SEA of Sec 6:,:
~`2 3N , R3E . .
Parcels identified as AP 61-08-0.7, AP 62-26-05, AP
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52-26-07, AF 52-26-49, AP 62-26-10, AP 62-26-11,
AP 52-26-2.0, 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 52w27-11,
- ~ and AP- 71-02-22 on maps filed- in the office of Butte
County Assessor on March 5, 1973.
A11 that land on both sides of the centerline and within
350 ft. of:
a. Hwy. 32;
b. -Hwy. 70;
c. Oroville-Quincy Rd. from Forbestown Rd. to Harts Mil
d. Forbestown Rd., from Oroville-Quincy Rd. to Lumpkin
Rd.
e. Lumpkin Rd., from Forbestown Rd. to Enterprise Rd;
"Merry Mountain Village, Unit No. 1", as recorded in map
book 34 on page 17 and 19 ;,
"Merry Mountain Village, Unit No. 2", as recorded in map
book 35 on pages 32, 33, & 34;
"Merry Mountain Village, Unit No. 3", as recorded in map
book 35, on pages 76 & 77;
"Merry Mountain Village, Unit NO. 4", as recorded in map
book 38 on pages 95 & 96.
SECTION 3. Regulations for a "TM-160" District. The
following regulations shall apply in a "TM-160" District:
3.1 USES PERMITTED
a. Single-family dwellings, including mobile homes.
b.. Management,_.raising, harvesting and removal of trees,
shrubs,. seedlings, Howe-rs, herbs and. all food crops
for human or animal cor~~umption.
c, Keeping and raising. small animals for domestic use,
includ~:ng- dogs , cats and ~ household pets , poultry
other. birds, bees, fish and frogs.
d. Keeping, raising and pastor-ing.of cattle, horses,
sheep, goats, hags or pother livestock, provided
that no more than two (2}. .such .animals be kept per
acre on parcels of less than five (5) acres and no
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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. Protection of land and forests from fare, erosion,
floods, slides, quakes, insects, diseases and pollu-
tion, including arboretums and natural wilderness,
experimental and study areas.
g. Display and sale of products of agricultural uses
and home arts and crafts produced on the premises.
h. Accessory uses, improvements. and...structures custo-
mary and pertinent to permitted uses, except as
limited in 3.2, includa~ng guest houses, barns, shed
shops, garages and storage areas.
3.2 USES PERMITTED SUBJECT TO. FIRST SECURING A USE
PERMIT. IN EACH Cpu~:
a. Commercial wraod processing plants.
b. Commercial kennels and animal. hospitals.
c. Commercial livestock feed yards.
d. Animal product processing plants.
e, Mining, quarrying and excavating activities which
might be ob~ject:onable by reason of noise, odor,
smoke, asst, bright light, vibration, stream pollru=
tion or handling of explosives or dangerous materia s
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f, Commercial boat ramps, docks and landing facilities.
g. Aircraft landing facilities,
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h. Disposal areas and sewage treatment facilities.
i. Public and quasi-public uses including schools,
parks, playgrounds, recreational facilities, utila.ty
system structures, meeting halls, hospitals, libra-
ries, museums, government offices and similar uses.
j. Private or commercial outdoor recreation facilities
on sites of nvt less forty (40) acres, including
country clubs, .golf. courses, driving ranges, •~acing
tracks and courses, riding academies and stables,
hunting and fishing camps and clubs, and gun clubs
. and ranges.
3.3 LOT AREP,
Minimum required area of a lot per dwellifig unit
shall be not less than 160 acres,
3.~ LOT WIDTH REQUIRED
Minimum required iot width sha11 be not less than
sixty--five (65) feet.
3,5 FRONT YARD REQUIRED
Minimum required front building setback shall be not
less than fifty:::;,(,54 } feet from the centerline of the
road, except where the road is classified by the
. County as a F~de;r~~:_. Aid .Secondary Rd . , the minimum
required f~o~t `build:ng setback shah, be not less
than fifty-five:. (55) ft. from the centerline of the
road.
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3.6 SIDE- YARD REQUIRED
Minimum required side .building .setback shall be not
less than twenty-five (25) feet'.
3.7 REAR YARD REQUIRED
Minimum required rear building setback shall be not
Less than fifty (54) ft.
SECTION 4. A11 uses of land within the district not
specifically authorized and permitted in Sections 2 and 3 are
prohibited.
SECTION 5. In compliance with provisions of said Zoning
Enabling Ordinance, the same is hereby amended by adding this
Ordinance in full.
SECTION 6. The penalities for the violation of the
zoning hereby imposed within the district shall be as provided
in the Zoning Enabling Ordinance. In compliance with-,the provisio
of the Zoning Enabling Ordinance, this Ordinance shall from and
after its effective date become a supplement to and part of the
Zoning Enabling Ordinance.
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SECTION 7. This urgency ordinance shall-take effect
immediately upon its passage, and before the expiration of f iE~ee
(1S? days after its passage shall be published once with the name
of all members of the Board of Supervisors voting for and. against
the same in, the o~oville Mercury , . a. newspaper in genera
circulation in the County of Butte, State of California, The fac
constituting the urgency on which this Ordinance is based aye:
1. That open .space uses are well suited in the geology
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-. terrain, vegetation and climate of said area.
2 . That the resources o~f- said .area should be preserved
for-the proper maintenance of the economy of the
area.
3. That the preservation of open space lands is neces-
sary for assurance of availability of land for pro-
duction 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 comprehens~.~
zoning study for the area which is now in process,
PASSED AND ADOPTED by thy'-Board of Supervisors of the
County of Butte, State of California, on the 17th day of
Se tember , 19 7 ~ , by the following vote
AYES: Supervisors Cameron, Gilman, Ladd, McKillop and Chairman Madigan
NOES: None
ABSENT: None
NOT VOTING: None a
ACK IGAN, Chap.
Butte County. Board Supervisor
ATTEST: CLARK A. NELSON, County Clerk
.and Ex-officio Clerk of the Board
Clerk or Deputy
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