HomeMy WebLinkAbout1783ORDIiVANCE N0. 1783
AN ItdTERIh~1 ORDINANCE ZONING A PORTION OF THE COUNTY
OF BUTTE, STATE OF CALIFORNIA, A "TM-5" (TI"1BER-
MOUNTAIN) DISTRICT
x The Board of Supervisors of the County of Butte,~State
2 of California, under and pursuant to Chapter 2430 of the Butte
3 County Cade, and declaring an emergency, DO ORDAIl~f as follows:
4 SECTION 1. The hereinafter described area situated in
5 the County of Butte, State of California, shall be and it is
6 hereby zoned as a "TM-5" {Timber-Mountain) District for a period of
7 one yeas and such area shall be subject to the res-
S frictions and restricted uses and regulations hereinafter
9 specified and provided.
ZO Said area so zoned being located in Butte Creek Canyon,
I1 more particularly described as:
12 That portion of the id 2 of the NW4 of Sec , 11 ,
T23;~J, R3E, MDB&M, located 'east of Skyway.
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The S 2 pf the SW4 and the easterly 350 ft. of
14 the westerly 1254.5 ft, of the southerly 350 ft.
of the N Z of the SW4 of Sec. 2, T23N, R3E, t~DBF{M.
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,~11 of Sec lO, 21, 2$, 33, T23P~, R3E, MDB&M.
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Lots 4, 5, 6, 7, 1O and 11 of Sec 15, T23rJ, R3E, MDB&l~1.
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The SE4 of Sec 16, T23td, R3E, "1DB&f~I,
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The ~{ 2 of the W z, and the SE4 of the PJ4+1A of
13 Sec ?2, T23N, R3E, MDB~r~l.
20 The E2 of the E2 and the SW4 of the SE4 of
Sec 29, T23N, R3E, ~1D6&l+1.
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The E 2 and the E? of the W 2 of Sec 32, T23N, R3E, ~4D6&M.
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23 Lots 4, 5, 12, 13, 15, and 16 and the S2 of
Lot 1.4 of Sec 3~, T23N, R3E, MDB~P1.
24 The SJ"Jq and the S2 of the NWq of Sec 35,~'23t1, R3E, MDB2~°~.
23 That portion of Sec 1, 2, lO, 11 and 16, T22N,
26 R3E, MDB&M, located west of the Paradise Irrigation
District boundary excepting therefrom that portion
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of Sec IO described as AP 51-06-08 and 51-06-10 per
the equalized tax assessment roll of the County of
Butte of March 1, 1975.
Ali of Sec 3, 4, 8, 9, l7 and I9 of T22N, R3E, h9D6&M,
The E ~, the E 2 of the 4~! ~ and the S4d4 of the SW4
of Sec 5, T22N, R3E, MDB&M.
The Ez of tha SE4 and the SE4 of the NE4 °f
Sec 7, T22N, R3E, MDB&M.
The E2 and the Ez of the SW4 of Sec l$, T22N, R3E, P~DB&M,
All of Sec 20, T22N, R3E, PriDB&M, excepting therefrom
the following described property:
Beginning at the SE corner of said Sec 20; thence
N 0° 24' 30" E 1365.35 ft. along the east line of
said Sec 20 to the NE corned of the S~ of the S2
of said Sec 20; thence h~! 89 54' 45" 1~,~, 106$.79 ft.
along the N Iine of the S2 of the S2 of said Sec 20
to the top of bluff of Butte Creek Canyon; thence
following along said tap of bluff line, which bluff
line is the true property line °f this description,
the following courses and distances: S I8° 13' 10"
W, 74.18 ft; S 24° 33' 40" W, 100.97 ft; S 4° 4$`
10" E, 60.21 ft; S 47° 56' 20" W, 125.67 ft; S 55°
16' S0" W, 10l .i 6 ft; S 83° 17 ` 40" W, 51 .22 ft;
S 52° 45' 50" W, 46.I7 ft; S 75° 22' S0" W, 160.69
ft; S 85° QI ' ~0" W, 7 09 .29 ft; S 43° 34' ~0" W,
61.23 ft; S 66 36' 20" W, 423.80 ft; S 36 0~' 50"
W, 96.65 ft; S 70° i8' 30" W, 224.20 ft; N 86 08'
W, 141.01 ft; S $7° 21' 10" W, 92.89 ft; S 77° 45'
40" W, 1 22 .26 ft; S 87° 44' 50" 'W, 122.61 ft; S 67 °
16' ~0" W, 119.04 ft; S 89° 17' ~0" ~!, 151.35 ft;
S 87 36' 20" W, I I6 .37 ft; N 43 2~' 1 0" W, 7 50.04
ft; S 13° 02' l0" W 90.00 ft; S 46 44' 20" W,
145.87 ft. and S 32d 30' L!, 449.82 ft. to the S line
of the SW4 °f said Sec 20; thence S 89° 43' E,
7025.59 ft. along said S sine to the S4 corner of
said Sec 20; thence E 2640.00 ft. along the S sine
of the SE4 of said Sec 20 to the point of beginning.
The N 2 and the N z of the SW4 of Sec 30, T22fd, R3E, h9DB&M,
Ail of Sec 25, 33, and 34, T22N, R2E, MDB&M.
The E 2 and the S1~14 of Sec 24, T22N, R2E, MD8&h~i ,
The S 2, the NE4 and the SE4 of the i~lW4 of Sec 26,
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T22N, R2E, MDB&M.
The E2 of Sec 32, T22N, R2E, MDB&M.
That portion of Sec 35 and 36 0~ T22N, R2E,
MDB&M located north of the tap of the bluff of
Butte Creek Canyon
The NZ of the NE4 and that portion of the SE4
of the NE4 and the E2 of the SE4 of Sec 5,
T2lN, R2E, MDB&M, located north of Skyway.
That portion of Sec 4, T21N, R2E, MDB&M, located
north of Skyway.
That portion of Sec 2 and 3, T21N, R2E, MDB&M
located north of the top of the bluff of Butte
Creek Canyon.
Excepting therefrom
property identified
40-02-05, 40-02-07,
40-41-02, 40-41-03,
tax assessment roll
March 1, 1975.
the Baldwin Contracting Company
as AP 40-02-03, 40-02-05,
40-02-60, 40-02-fit, 40-01-25,
and q~6-38-50 per the equalized
of the County of Butte of
Also excepting therefrom property identified as
AP 51-01-42, 63-01-68, 63-O1-73, 63-02-05, 63-02-10,
G3-02-31, 63-02-35, 65-01-07, 65-01-30, 65-01-31,
65-01-32, 65-O1-33, 65-01-35, 65-01-36, 65-Ofi-Ol,
65-06-02, 65-06-03, 65-Ob-04 per the equalized tax
assessment roll of the County of Butte of March 1,
1975.
Also excepting the N2 of the SW4, the SW4 of the SW4
of the NW4, the E2 of the SE4 of the SW4 of the NW4
of Sec 1, T22N, R3E, MDB&M.
Also excepting that portion of the N2 of the NW4,
and the SE4 of the NW4 of Sec 1~, T22N, R3E, MDB&M,
located west of the Paradise Irrigation District
Boundary.
Also excepting a portion of Sections 4 and 5, T2lN,
R2E, MDB&M, more particularly described as follows:
Commencing at the N£ corner of Section 5, T2lN, R2E,
MDB&M, and running thence 5 0° 20'' W, 225.7 ft.
along the line between Sections 4 and 5, said Town-
ship and Range to the center of the Chico-Centerville
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Road; thence following along said road centerline,
N 800 39' W 486.6 ft; thence N 84a 42` W to its inter-
. section with a line that lies parallel with and
distant 360.00 ft. east from the east line oi' a parcel.
of land described in Deed from Pleasant G, Taylor,
et ux to Charlene B. Benson recorded June 17, 1969,
in Book 1570, of Butte County Official Records, at
page 679 and the true point of beginning for this
description; thence from said true point of beginning,
easterly along the centerline of said Chico-Centerville
Rd. to the easterly line of said Section 5; thence
along the Section line between said Sections 4 and
5, S 000 20` W, 109 ft. to an old fence; thence along
said old fence (being the southerly line of the pro-
perty now or formerly owned by Lyman W. Stephens)
following its various meanders, on the following
courses and distances: N 730 14' E, 104.8 feet;
thence S 840 32' E, 327.65 ft; thence south and
parallel with the westerly line of said Sec 4 to
the southerly line of that certain parcel of land des-
cribed as Parcel One in the deed from Robert S.
Miller, et~:,al, to Pleasant G. Taylor, et ux, dated
November 13, 1950 and recorded November 16, 1950,
in Book 555, of Official Records, at page 64,
records of Butte. County, California; thence westerly
along the southerly line of Taylor et ux, parcel
to its intersection with the easterly line of said
Chico-Paradise ~lighway; thence northerly along the
easterly line of said Chico--Paradise Ffighway to
its intersection with the centerline of the Crouch
Ditch; thence easterly along the centerline of
said Crouch Ditch to the southeast corner of the
aforementioned Benson parcel; thence north along
the east line of said Benson parcel to the north-
east corner thereof; thence east along the centerline
of the Chico-Centerville Road~`.to an intersection with
a line that lies parallel with and distant 60 ft.
east from the east line of the said Benson 'parcel;
thence south parallel with and 60 ft. distant from
the east line of said Benson parcel to a point in
the centerline of the Crouch ditch; thence easterly
along the centerline of said Crouch Ditch to a point
which bears south and parallel with the easterly line
of said~.Bensan parcel from the point of beginning;
thence north and parallel with the easterly line of
said Benson parcel to the true point of beginning.
Excepting therefrom all that portion thereof lying
southerly of the centerline of Edgar Slough.
Ali containing 24 sq. miles, more or less.
SECTION 2. REGULATIONS FOR A "TM-5" DISTRICT:
4.
l"he following regulations. shall apply in a "TM-5" Distric
{A) LiSES PERMITTED:
{7) One single-family dwelling per parcel,
~, including mobile home.
2 {2) Management, raising, harvesting and removal of
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frees, shrubs, seedlings, flowers, herbs and
4 all food crops for human or animal consumption.
g {3} Keeping and raising small animals for domestic
g use, including dogs, cats and household pets,
7 poultry and other 'birds, bees, fish and frogs.
g {4} Keeping, raising and pasturing of cattle, horses;
g sheep, goats, hogs or other livestock, provided
~p that no°:more than two {2) such animals be kept j
~Y per acre on parcels of less than five {5) acres
12 and no more than four (4) such animals be kept
~,~ per acre on parcels of five {5} acres or more.
14 (5) Prospecting, c7 aiming, drilling, mining, exca-
~~ voting and dredging of mineral., hydrocarbon and
16 geothermal resources, except as limited in
17 Section {B) below.
lg (6) Protection of land and forests from fire, erosion
lg floods, slides, quakes, insects, diseases and
2p pollution, including arboretums and natural ',
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21 wilderness, experimental and study areas.
22 (7) Display and sale of products of agricultural
23 uses and home arts and crafts produced on the
24 premises.
25 (8) Accessory uses, improvements and structures
26 customary and pertinent to permitted uses,
except as limited in Section {b) below, includin
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guest houses, barns, sheds, shops, garages and
storage areas.
~ (B} USES PERMITTED SUBJECT TO FIRST SECURING A USE
2 PERM IT IN £ACH CASE:
3 _
(1) ,. _
Res~den~ial uses other than one single-family
4 dwelling per parcel or one single family
~ dwelling per five {5) acres for "TP9-5",
g including labor camps, commercial guest lodging,
7 group quarters or dwelling. units at greater
8 densities.
9 (2) Commercial wood processing plants.
~0 (3} Commercial kennels and animal hospitals.
13 (4) Commercial livestock feed yards.
12 (,} Animal product processing plants.
~3 { fi} ~9i ni ng, quarrying and excavating activities which
14 might be objectionable by reason of noise, odor,
15 smoke, dust, bright light, vibration, stream
16 pollution or handling of explosives or dangerous
~~ materials.
18 (7) Commercial boat ramps, docks and landing
19 facilities,
20 (8) Aircraft Landing Facilities.
21 {9} Disposal areas and sewage treatment facilities,
22 {lp} public and quasi-public uses including schools,
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' parks, playgrounds, recreational facilities, ~'
24 utility system structures, meeting halls,
2~ hospitals, libraries, museums, government office
28 and similar uses.
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(l l) Private or commercial outdoor recreation
facilities on sites of not less than five (5}
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acres,.. including...country clubs; golf courses;
riding academies and stables, hunting and
fishing camps and other clubs, and gun clubs
and ranges.
(C) LOT ARER:
h~inimum required area of a lot per dwelling unit steal
not be less than five (5) acres far "T~1-5".
(D) LOT WIDTH REQEIIRED:
Minimum required lot width shall not be less than
sixty-five (b5) feet.
(E} FRONT YARD REQtlIRED:
Minimum required front building setback shall be not
less. than fifty (50} feet from the centerline of the
road, .except where the road is classified by the
County as a Federal Aid Secondary Road, the minimum
required front building setback shall be not less
than fifty-five (55) feet from the centerline of
the road..
(F) SIDE YARD R.~QUIRED:
Minimum required side building setback shall be not
less than ten (10} feet far "TM-5".
(G) REAR YARD REQ~f I RED:
Minimum required rear building setback shall be not
l ess than ten (l 0 } feet for °Th1-5" .
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SECTION 3. All u5e5 of land not specifically authorized
and permitted under Section 2 are prohibited within the district.
SECTION 4. In compl iarice Zvi th the prav7 s7ons a say ,
Butte County Code, Chapter 24, the same is hereby amended by
adding this Ordinance in full,
SECTION 5,~ The penalties for the violation of the
zoning hereby imposed within the district shall be as provided in
the Butte County Code, Chapter 24, this Ordinance shall from and
after its effective date become a supplement to and part of the
Butte County Cade, Chapter 24,
SECTION 6. 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 the members of the Board of Supervisors voting far and against
the same i n the Chico Enterprise Recorc3_ _._, a newspaper i n
general circulation in the County of Butte, State of California.
The facts constituting the urgency on which this Ordinance is
based are:
1. To protect the health, welfare, and safety of the
peapl e.
PASSED ANO ADOPTED by the 8aard of Supervisors of the
'..County of Butte; State of California, on the l~.th day of
January 1977, by the following vote:
AYES: Supervisors Lemke, Madigan, Moseley, Winston and Chairman Richter
NOES ; None
ABSENT: None
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~, NOT VOTING: None
2 BER RD RIC R, C airman
3 Butte County Board of Supervisors
4 ATTEST: CLARK A. NELSON, County Clerk
and Ex~officia Clerk of tt~e Board
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e ~~~~~ ~ ~~.~
q er or Deputy
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