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ORDINANCE N0. 1908
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.
The Board of Supervisors of the County of Butte, State
of California, under and pursuant to Chapter 24-29 of the Butte
County Code of said County DO ORDAIN as follows:
SECTION 1. The hereinafter described area situated in
the County of Butte,- State of California, shall be and it is
hereby zoned as a "PA-C" (Planned Area-Cluster) District, and such
area shall be subject to the restrictions anal restricted uses and
regulations hereinafter specified and provided.
Said area so zoned being located in the unincorporated
urea of Butte County, Oroville, more particularly described as
follows:
All that certain real property situate in the County
of Butte, State of California, described as follows:
Being a portion of Parcels 1, 2 and 3, as shown on
that certain Parcel Map recorded in the Office of
the Recorder of the County of Butte, State of
California, in Book 45 at Page 19 and being more
particularly described as follows:
Beginning at the NE corner of Village Oaks
Sub division, as shown on said subdivision map
recorded in the Office of the Recorder, in
Book 58 at Page 22; thence southwesterly along
the arc of a 280 ft. radius curve, concave to the
northwest, through a central angle of 56 Ol'
28" an_-arc distance of 273.78 ft. ; thence S
190 38' S9" W a distance of 2?5.00 ft. to the
southeast corner of Lot 33 of said Village Oaks
Subdivision, thence southerly along the easterly
boundary of Village Oaks Subdivision Units 2 and 3,
to the southerly line of Sec. 13, T19N, R4E, as
shown on said Parcel Map recorded in Book 45 at
Page 19; thence easterly along said southerly.
line of Sec. 13 and the southerly line Sec. 18,
T19N, R5E, to the easterly line of Parcel 1, as
shown on said Parcel Map recorded in Book 45 at
Page 19; thence~•northerly, along said easterly
line of said Parcel 1 to the northerly line of
said Parcel l; thence westerly, along the northerly
1 line of said Parcels 1, 2 and 3 to the true
point of beginning.
2
Excepting therefrom the following described
3 parcel of land lying northerly and easterly
of the following described line:
4
Beginning at the Nw corner of Parcel '1, as shown
5 on that certain Parcel Map recorded in Book 49 at
Page 43; thence ~ 12.:- 37' 29" W a distance of 480.00
6 ft.; thence S 77 22' 31" E a distance of 88.00 ft.;
thence S 10° OS' 00" E a distance of 120.00 ft,
;
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thence S 78° 22' 00" E a distance of 96.17 ft. ;
thence easterly along the arc of a 200 ft. radi~.s
`
8 curve to the left through a central
angle of 26
54' 00" an arc distance of 93.90 ft.; thence N
°
9 74
42' 00" E a distance of 4.93 ft.; thence easterly
along the arc of a 130 ft. radius carve to the
10 right through a central angle of 63 22' 00" an
arc distance of 143.77 ft. ; thence S 41° 56' 00"
Z1 E a distance of 33.99 ft.; thence southeasterly
along the arc of a 130 ft. radius carve to the
Z2 right through a central angle of 57 28' 00" an
arc distance of 130.39 ft.; thence S 1~° 32' 00"
13 W a distance of 78.23 ft.; thence S 47 30' 00" E
a distance of 64.79 ft. ; thence easterly along
14 the arc of a 145 ft. radius carve to the left
through a central angle of 93 00' 00" axe. arc distance
Z5 of 235.36 ft_; thence N 39° 30' 00" E a distance
of 110.29 ft.; thence N 89° 33' 39" E a distance
16 of 128.00 ft. more or less to the easterly line
of Parcel 2, as shown on that certain Parcel Map
17 recorded in Book 49 at Page 43, said point being
the terminus of said line.
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Containing 55 acres, more or less.
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20 SECTION 2. REGULATIONS FOR A PA=C D3STRICT:
2~. The following regulations shall apply in a PA-~C District:
22 (A) PUR~OSEr
23 - The 'FPA--C" Zone is intended to facilitate the
24 development of centers of residential or light commercial
25 activities or a combination thereof and related uses
26 without regard to the traditional limitat~.ons in lot
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size, road frontage, setback, side yards and rear
yards.
Said zone is to be applied .only to areas determined
to be suitable for such uses, as evidenced by a develop-
went 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 plan, 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 rezoning in accordance with an amended develop-
ment 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 PERM2TTED:
1, Those uses which are permitted in the C-1
(Light Commercial) District without the necessity of
securing a use permit.
2. Service stations.
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(C) USES PROHIBITED:
All other-uses of land not specifically authorized
under Section 24-126(A) above are prohibited.
(D) ZOT REGUZ.ATIONS
There shall be na setback, side yard, rear yard, or
lot width or frontage requirements in areas zoned "PA.-C".
Provided, however, that where a 1'PIA-C" zone abuts a
single or multiple family residential zone, the setback
requirements of the abutting residential zone in existenc
at the time the "PA-C" zone 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 (10) feet:af a common property line between
the "PA-C" zone and an abutting single or multiple-
residential zone.
(E) ACCESS REQUIRIl`~E~~TTS
.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 Coundy Code
including the improvement standards set forth in the
resolution of standards adopted pursuant thereto.
Vehicular and pedestrian movement in said cluster
parcel adequate for the use intended shall be evidenced
by rights-of-way or easements granted on a final = .
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subda.visian map or rights-of-way or easements granted by
separate instrument pursuant to approval of the Board of
Supervisors. Desirable minimum width of any such
easement is twenty{20) feet.
(F) T,OT CO~ER,AGE:
No lot (when considered together with its proportion
share of ax~y' common. space) shall be permitted building
coverage greater than that permitted in the "C-1" zone
for an equal size lot used for the same purpose.
(G) SUPERSESSION:
In the event the regulations far this zone clearly
conflict with the terms of any other applicable
ordinances of the County 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 ordina
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" for the purposes of Section 20-30.2 of the
Butte County Code,
{H) IMPROVII'~IIQTS
All improvements within said zone shall meet the
requir~:ments of Chapters 19, 26, 27 and 28 of the Butte
County Code.
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(I) MINIMUM AREA:
The minimum area of any "PA-C" district shall be
three C3) acres.
(J) OFF-STREET PARKING:
Off-street packing shall be required pursuant to the
following formula:
a. Residential Uses: Two {2) parking spaces
far 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 plant
to be submitted to the subdivis~.on 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 Code for a tentata.ve subdivision map.
Upbn.receipt of the recommendations of the Committee,
the Planning Director shall set the application for
hearings as in the case of other rezoning applications.
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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
of ter 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 C30}
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 Oroville Mercury
Register, 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 28th day of February,
,1978, by the following vote:
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AYES Supervisors .J~/tosele~~i`--
NOES Supervi~ocrs~~.emke and
ABSENT: Nane
I NOT VOTING : None
Butte County Board of Super~risors
ATTEST: CLARK A. NELSON, County Clerk ~~
and ex-officio Clerk of the Board
Clerk or Deputy
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