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HomeMy WebLinkAbout1825ORDINANCE ND. ~s25 AN ORDINANCE ZONING A PORTION OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, A "PA-C" {PLANNED AREA CLUSTER} DISTRICT, PURSUANT TO CHAPTER 24-29. 1 The Board of Supervisors of the County of Butte, State 2 of California, under and pursuant to Chapter 24-29 of the Butte 3 County Code of said County DO ORDAIN as follows: 4 SECTION 1. The hereinafter described area situated in 6 the County of Butte, State of California, shall be and it is 6 hereby zoned as a "PA-C" {PLANNED AREA-CLUSTER) District, and such 7 area shall be subject to the restrictions and restricted uses 8 and regulations hereinafter specified and provided. 9 Said area so zoned being located in the unincorporated to area of Butte County, Oroville, more particularly described as 11 follows: 12 Commencing at the SE corner of "Wyandotte Terrace Unit Two" per Map of Record in Map Boole 27 on 13 Pages 31 and 32 of the Butte County Recorder; thence N 09Q 12' 2l" W 30.11.-ft. to the true 14 ` point .of. begi nni rig:-of the herein described parcel ; thence N 89a 30' E 832.13 ft.; thence N 625.5 ft.; 15 thence S 89~ 30' W 1057.06 ft.; thence S l50 ft.; thehce~:=S 89p 30' 00" E 31.98 ft.; thence S 090 12' 16 21" E 491.24 ft. to the centerline of Nlonte Vista Ave.; thence easterly along said centerline to 17 the true point of beginning. 18 Containing 15.29 acres, more or less. 19 ~-ECTION 2. REGULATIONS FOR A "PA-C" DISTRICT: 20 The following regulations shall apply in a "PA-C" 21 District. 22 (A} Purpose: 23 The "PA-C" Zone is intended to facilitate the develop- 24 ment of centers of residential or light commercial 2~ activities or a combination thereof and related uses 28 without regard to the traditional limitations on lot -1 - 1 size; road frontage, setback, side yards and rear yards. 2 Said zone is to be applied only to areas determined to 3 be suitable for such uses, as evidenced by a development 4 plan to be submitted by the applicant to the Rlanning ~ Commission, and to be evaluated by reference to existing 6 and proposed land uses, the County General Plan and any 7 applicable precise plans. The final development plan, $ as approved by the Board of Supervisors, shall be 9 binding on the developer or subsequent owners as regula- 1Q tions for land uses within the zone. Beviations from ~-~ the said plan (except minor deviations which da not 12 increase the density or intensity of any use, change 13 the character of any use or introduce any new uses} I4 shall require re-zoning in accordance with an amended 15 development plan. ~6 Further, said zone should be applied ,only where its 17 peripheral boundaries can be adequately integrated with ~$ the surrounding public road system and surrounding zones 39 without creating nuisances from noise, fumes, congestion 20 or other causes. 2~ (B) USFS PERI~ITTL6: 22 permitted i n the "C -~1 " (Light (l) Those uses which are 23 Commercial) District without the necessity of 24 securing a use permit. ~ (2) Service Stations. 26 ...... _~_ 3 (C) USES PROHIBITED: 2 All other uses of land not specifically authorized under 3 Section 2~-126(A) above are prohibited. 4 (D) I.OT REGULATIOfVS. 5 There shall be no setback, side yard, rear yard, or lot e width or frontage requirements in areas zoned "PA-C". 7 Provided, however, that where a "PA-C" zone abuts a 8 single or multiple family residential zone, the setback 9 requirements of the abutting residential zone in 10 existence at the time the "PA-C" zone application is I1 acted upon by the Planning Commission shall apply to that 1~ portion of the cluster zone along the boundary common to 13 the cluster and residential zone. Provided further, 14 however, that no structure within a "PA-C" zone shall be 15 located within ten (1 O) feet of a common property line 16 between the "PA-C" zone and an abutting single or 17 multiple-residential zone. 18 (E) ACCESS REQUIREME~[TS. 19 .Access to each lot or to the common area serving said 20 lot shall be provided in accordance with the require- 21 ments of Chapter 20 of the Butte County Code including 22 the improvement standards set forth in the resolution 23 of standards adopted pursuant thereto, 24 parcel Vehicular and pedestrian movement in said cluster ~ adequate for the use intended shall be evidenced by 26 rights-of-way ar easements granted. on a final subdivisior -3- 1 2 3 4 5 e 7 8 9 10 zi 12 13 1~4 15 16 17 18 is 20 2L 22 23 24 map or rights-of-way or easements granted by separate instrument pursuant to approval of the Board of Super- visors. Desirable minimum width of any such easement is twenty (20) feet. (F) LOT 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-1" zone far an equal size tat used for the same purpose. (G) SUPERSESSION. In the event the regulations for this zone clearly conflict with .the terms of an,y other a.ppl i cabl a ordi n- ances of the Caunty of Butte except Building, Electrical, Plumbing, and Sewage codes, the provisions hereof shall control. The provisions of this ordinance shall be construed to be in harmony with all such ordinances unless clearly in conflict therewith. Any subdivision established in a Cluster zone after the effective date of this ordinance shall be deemed to be an "open space subdivision" far the purposes of 5ect,i~on ZO-30.2 of the Butte County Code. ~~) I~PROV~r~E~vTS. A11 improvements within said zone shall meet the require- meets of Chapters 19, 26, 27 and 28 of the Butte County 28 Code. 2B -~ - 1 2 3 4 5 6 7. 8 s to 11 12 13 14 15 16 17 18 19 20 2~. 22 23 24' 2S 2a (I) ~IiNIMUM AREA. The minimum area of any "PA-C" district shall be three (3} acres. (J } OFF STREET PARKI~lG . Off-street parking shall be required pursuant to the following formula: (a} Residential Uses: Two {2} parking spaces for each living unit. {b) Offices: One (1) parking space for each X00 square feet of gross floor area. (c) Retail stares: One {1} parking space for each 300 square feet of gross floor area. Said parking area may be awned individually by the owners of more than one lot in common. {K} PROCEDURAL Any application for rexaning 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 Countyi Gode. As to form and content, the preliminary develop- meat plan map and the review process shall conform to the requirements of said Code for a tentative subdivis- ion map. Upon receipt of the recommendations of the Committee, the Planning Director shall set the applica- tion for hearings as in the case of other rezoning applications. -5- i i 1: 2 3 4 6 6 7 8 9 10 11 12 i 13 14` 15 18 17 18 19 20' 21 22 23 24; 28: 2B~ SECTION 3. All uses of land within the district not specifically authorized and permitted are prohibited. . SECTION 4, In compliance with the provisions of said 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 Rafter its effective date become a supplement to and part of the Butte County Code, Chapter 24, SECTION 6. 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 of fifteen (l5~ days after its passage, this Ordinance shall be published once with the names of the members of the Board of Supervisors voting for and against i t in the Oroville Mercury a newspaper published in the County of Butte, State of California, PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, on the ~.7~h -6- 2 3 4 fi. 6 7 8. 9 10 11s 12 13 34 15 16 17 18 ~s 20 21 22 23' 24 25 26 day of May 1977, by the following vote: AYES: Supervisors Lemke, Madigan, Moseley, Winston and Chairman Richter N 0 E S : None . RBSENT: None NOT VOTING: None ~~~ .,` ~l 6 R C a~ rma n Butte County Board of Supervisors ATTEST: CLARK A. NELSON, County Clerk and Ex-officio Cleric of the Board "~ C er or Deputy -7-