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HomeMy WebLinkAbout1871ORDINANCE N0. 1871 AN ORDINANCE ZONING A PORTION OF THE COUNTY DF BUTTE, SPATE OF CALIFORNIA, A "PA-C" {PLANNED AREA - CLUSTER) DISTRICT, PI#RSUANT 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 Cade of said County DO ORDAIN 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 'BA-C" {Planned Area-Cluster) District, and such 7 area shall be subject to the restrictions and restricted uses and 8 regulations hereinafter specified and provided. 9 Said area so zoned being located in the unincorporated 10 area of Butte County; Paradise, more particularly described as 1I follows: 12 That portion of the southerly 650.29 ft. of Sec. 3D, T22N, R4E, MDB&M located west 13 of Pentz Maga1 is Hwy. 14 Containing 18.5 acres, more or less. 15 SECTION 2. REGULATIONS FOR A "PA-C" DISTRICT: 16 The following regulations shall apply in a "PA-C" 17 District. 18 (A) PURPOSE: ~ '~~ ,:,~,: ~-:~. 19 The "PA-C" Zone is intended to facilitate the 20 development of centers of residential or light 21 commercial activities or a combination thereof and 22 related uses without regard to the traditional 23 ~ limitations on lot size, road frontage, setbacfc, 24 side yards and rear yak ds. 2g Said zone is to be applied only to areas determined 26 to be suitable for such uses, as evidenced by a -1 - 1 2 3 4 5 6' 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 development 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 p]an, as approved by the Board of Supervisors, shall be binding on the developer or subsequent owners as regulations for land uses within the zone. Deviations from the said plan {except minor deviations which do not increase the density or intensity of any use, change the character of any use or introduce any new uses) shall require re-zoning in accordance with an amended development plan. Further, said zone should be applied only where its peripheral boundaries can be adequately integrated with the surrounding public road system and surrounding zones without creating nuisances from noise, fumes, congestion or other causes. {B) USES PERMITTED: 1. Those uses which are permitted in the "C-1" (Light Commercial) District without. the necessity of securing a use permit. 2. Service Stations. (C) USES PRQHIBITED: All other uses of land not specifically authorized under Section 24-126(A) above are prohibited. -2- 1 21 3 4 5 6 7 8 9 10 ~.l i2 13 I4 II 15 ~6 17 18 19 20 21 22 23 24 25 26 (O) LOT REGt~LATIONS: There shah be no setback, side yard, rear yard, or lot width or frontage requirements in areas zoned ,.~'~P"PA-C". Provided, however, that where a "PA-C" zone abuts a single or multiple family residential zone, the setback requirements of tie abutting residential zone in existence at the time the "PA-C" xot~e application 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 shall be located within ten t1O~ feet of a common property line between the "PA-C" zone and an abutting single or multiple-residential zone. {E) ACCESS REQ~JIREi~EiVTS: Access to each lot or to the common area serving said lot shall be provided in accordance with the requirements of Chapter 20 of the Butte County Code including the improvement standards set forth in the resolution of standards adapted pursuant thereto. Vehicular and pedestrian movement in said cluster parcel adequate far the use intended shall be evidenced by rights-of-way or easements granted on a final subdivision map or rights-of-way or easements granted by separate instrument pursuant to approval -3- 1 i of the Board of Supervisors. Desirable minimum 2 width of any such easement is twenty (20) feet. 3 (F} LOT CQVERACE: 4 Na lot (when considered together with its propor- 5 tionate share of any common space} shall be permitted 6 building coverage greater than that permitted in the 7 "C-1" zone for an equal size lot used for the same 8 purpose. g (C} Si1PERSESSION: 30 In the event the regulations for this zone clearly 1Z conflict with the terms of any other applicable ].2 ordinances of the County of Butte except Building, 13 Electrical, Plumbing, and Sewage codes, the pro- Z4 visions hereof shall control. The provisions of ].5 this ordinance shall be construed to be in harmony ~6 with all such ordinances unless clearly in conflict 17 therewith. Any subdivision established in a Cluster 18 zone after the effective date of this ordinance shall 19 be deemed to be an "open space 5ubd1V151an'~ for the 20 purposes of Section 20-3D.2 of the Butte County Cade. 23 (H} IMPROVEMENTS: 22 All improvements within said zone shall meet the 23 requirements of Chapters 19, 26, 27 and 28 of the 24 Butte County Code. 25 (I} MINIMUM AREA: 26 The minimum area of any "PA-C" district shall be -4- 7, 2 S 4 5 6 7 8 9 10 11 12' 13 L4 15 16 17 18 19 20 21 22 23 24 25 26 three (3) acres. (J) OFF-STREET PARKING: 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 400 square feet of gross floor area. (c} Retail stores: One (1} parking space for each 300 square feet of gross floor area. Said parking area may be owned individually by the owners of more than one lot in common. { K) PROCEDURAL: Any application for 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 Cade for a tentative subdivision map. Upon receipt of the recommendations of the Committee, the Planning Director shall set the application for. hearings as in the case of other rezoning applications. SECTION 3. All uses of land within the district not (specifically authorized and permitted are prohibited. ..~- 1 2 3 4 5 6' 7 8 9 1D ~l 7.2 ~.3 i4 ~5 I6 17 18 i9 20 27. 22 23 24 2°5 26 SECTIOiN 4. Tn compliance with the provisions of said Butte County Code, Chapter 24, the same is hereby amended by adding this ordinance in full. 5ECTT4N 5. The penalties for the violation of the i 'zoning hereby imposed within the district shall be as provided in the Butte County Code, Chapter 24, this Ordinance sha11 from and after its effective date become a supplement to and part of the Butte County Code, Chapter 24. SECTTRN 6. This ordinance sha11 be and it is hereby declared to be in fu11 farce and effect from and after thirty {30} days after the date of its passage, and before the expiration of fifteen {15} 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 it in the Ridge _ Gazette a newspaper published i n the County of Butte, State of California. PASSEE) AN© AQOPTED by the Board of Supervisors of the County of Butte, State of California, on the 11th day of Octaher , 1977, by the fallowing vote: AYES' Supervisors E.emke, 1V4adigan, Moseley, Winston and Chairman RicE~ter ~iNOES: None ~ ABSEfNT: None iNOT NOTTING: None R RQ R C airman Butte County Board of Supervisors _B x 2 3 4 5 sl 7~ s s to xz ~~ 13 Z4 15 16 17 18 ~.9 20 21 22 23 24 25 26 ATTEST: CLARK A, NELS01~, County Clerk and Ex-officio Clerk of the Board C~ erk ar~ Deputy _]..