HomeMy WebLinkAbout1936ORDINANCE N0. 1936
AN ORDINANCE ZONING A PORTION OF THE COT~NTY OF
BUTTE, STATE OF CALIFORNIA, A "PA-C" PLANNED AREA-
CLUSTER) DISTRICT, PURSUANT TO CHAPTER 24-29.
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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 axad restricted uses and
regulations hereinafter specified and provided.
Said area so zoned being located in the unincorporated
area of Butte County, Paradise, more particularly described as
I f ollows
The northerly 660 ft. of the westerly 560 ft.
of the easterly 1405.51 ft. of the southeast
quarter of Sec. 21, T22N, R3E, MDB&M excepting
therefrom the westerly 275 ft. of the southerly
50 ft. of the above described parcel.
Also the northerly 60 ft . of Lot 5 of `TSchmale
Sub'T per Map of Record in Map Book 20 on Pages
1 and 2 of the Butte County Recorder.
SECTION 2. REGULATIONS FOR A 'TPA-C" DISTRICT
The following regulations shall apply in a 'TPA-C"
~~ District:
(A) Purpose:
The "PA-C" Zone is intended to facilitate the
development of centers of residential or light commercial
activities or a combination thereof and related uses
without regard to ..the traditional limitations on lot
size, road frontage, setback, side yards and rear yards.
1 Said zone is to be applied only to areas determined
2 to be suitable for such uses, as evidenced by a
3 development plan to be submitted by the applicant to
4 the Planning Commission, and to be evaluated by
S reference to existing and proposed land uses, the
6 County General Plan and any applicable precise plans.
7 The final development plan, as approved by the Board of
8 Supervisors, shall be binding an the developer or
9 subsequent owners as regulations for land uses within
10 the zone. Deviations from the said plan {except minor
II deviations which do not increase the density or intensity
12 of any use, change the character of any use or introduce
13 any new uses} shall require re-zoning in accordance
14 with an amended development plan.
15 Further, said zone should be applied on~.y where its
16 peripheral boundaries can be adequately integrated with
17 the surrounding public road system and surrounding
18 zones without creating nuisances from noise, fumes,
19 congestion or other causes:
20 (B) Uses Permitted:
2I 1. Those uses which are permitted in the "C-1"
22 (Light Commercial) District without the necessity of
23 securing a use permit.
24 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~rohibited.
(D} hot Regulations:
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 "PA-C" zone abuts a
single or multiple family residential zone in existence
at the time the "PA-C" zone application is acted upon
by the Planning Commission shall apply to that portian
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 of a common property line between
the "PA-C" zone and an abutting single or multiple-
residential zone.
(E) Access Requirements:
Access to each lot ;or to the common area serving said
lat shall be provided in accordance with the requirement
of Chapter 20 of the Butte County 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 sub-
division map or rights-of -way or easements granted by
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separate instrument pursuant to approval of the Board
of Supervisors. desirable minimum width of any such
easement is twenty (20) feet.
(F) Zot Coverage:
No lot (when considered together with its proportion
ate share of any 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 for 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
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" for the purposes of
Section 20-30.2 of the Butte County Code.
(H} Improvements:
All ~.mprovements within said zone shall meet the
requirements of Chapters 19, 26, 27 and 28 of the
Butte County Code.
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(I) Minimum area:
The minimum area of arty "PA-C" district shall be
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 grass floor area.
c. Retail stores: One (l) parking space for each
300 square feet of gross float area.
Said parking area may be owned individually by the
owners of mare than one lot in common.
(K) Procedural:
Ax~y 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 develop-
ment plan. map and the review process shall conform to
the requirements of said Cade for a tentative subdivisio:
map. Upon receipt of the recommendations of the
committee, the Planning Director shall set the applicati
for hearings as in the case of other rezoning applicatio
SECTION 3. All uses of land within the district not
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1 specifically authorized and permitted are prohibited.
2 SECTION 4. In compliance with the provisions of said
3 Butte County Code, Chapter 24, the same is hereby amended by
4 adding this Ordinance in full.
5 SECTION 5. The penalties for the violation of the
6 zoning hereby imposed within the district shall be as provided
7 in the Butte County Code, Chapter 24, this Ordinance shall from
8 and after its effECtive date become a suppleme~~~ to ar~d part
9 of the Butte County Code, Chapter 24.
1a SECTION 6. Tha.s Ordinance shall be and i'G is hereby
ZZ declared to be in full force and effect from and after thirty
12 C30} days after the date of its passage, a~.d~:befare the expiration
13 of fifteen (15) days after its passage, this Ordinance shall be
14 published once with the names of the members of the Board of
15 Supervisors voting for and against it ~ the Paradise Post, a
].6 ,newspaper publis~ied in the County of Butte, State of California.
17 PASSED AND ADOPTED by the Board of Supervisors of the
18 County of Butte , State of Calif arna.a, on the 20th day of June ,
Z9 1978, by the following vote:
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AYES : 5uperv~isars Lemke, Mali;
NOES None
ABSENT : None
N4T VOTII~TG : None
Butte County Board of Supervisors
ATTEST: CLARK A. NELSON, County Clerk
and ex-officio Clerk of the Board
~K~
Clerk or Deputy
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