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Home My WebLink About1973ORDINANCE NO. 1973 AN ORDINANCE ZONTNG A PORTION OF THE COUNTY OF BUTTE, STATE OF CALIFDRNTA, A "PA-C" [PLANNED AREA-CLUSTER) DISTRICT, P[1RSUANT TO CHAPTER 24-29 , 1 2 _.3 4 51, 6'' 7 8', 9'' I 10 11 I`2 13 ~I 3.4 15 ~6 17 18 1.9 20 2i 22 23 24 25 26 The Board of Supervisors of the County °f Butte, State of California.,_ und.er and pursuant to Chapter 24-29 of the Butte County Code o~ said Comity DO ORDAIN __ __ ... as folloi,Ts SECTION 1. The 3~ereinafter described area situated in the County of Butte, State o£ 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 and restricted uses and regulations hereinafter specified and Provided. Said area so zoned being Located in the unincorporated area of Sutte County, Paradise, more particularly described as follows: Commencing at the southwest corner of Lot 4 of that parcel r~aP ~o'~f record in ?Rap Book 62 on Pages 30 and 31 of the Butte C°unty Recorder, thence S 170 17' 51" [,y 426.03 ft. to the true point of beginr_in~; thence N l7° 17' 51" E 426.x3 ft.; thence N 89 43' as=' E 809.15 ft . ; thence S 9° 30' 21" 1V, 739.5]. ft . ; thence S 8° 58' l7" ~{I 4413 ft. ; thence S 7° 38' 37'= [V, 65 , 62 ft . ; thence S 6 a3' 28" ''J 65 .40 ft . ; thence S 4° 28' 37" E 65 ,2Z ft. ; thence S 2° 24' 54" W; 105.11 ft.• thence S 89° 44' 31" W, 1162.00 ft.; thence N 0~ 24' 51" E 653.68 ft.; thence N 89° 43' 00" E to the true point of beginning. Containing Z5 acres more or less, Paradise. SECTION 2. REGULATIONS E'OR A "PA-C" DISTRICT: The following regulations s~ZaI1 apply in a "PA-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 an lot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 is 17 18 19 20 21 22 23 24 2S 26 size, road frontage, setback, side yards and rear yards. Said.. zone is to, ,be applied only to areas deter - mined to be suitable for such uses, as evidenced by a development plan to be submitted by the applicant: to the Planning Commission, and to be evaluated by refer- ence 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, sham. be binding an the developer or sub- sequent owners as regulations for land uses tti~ithin 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 intro - duce any new uses) shall require re-zoning in accord- ance 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 a~ad surrounding zones without creating nuisances from noise, fumes, congestion ar other causes. (B) USES PERMITTED: _ 1. Those uses which are permitted in the "C-l" (Light Commercial) District without the necessity of securing a use permit. Z. Service Statzons. {C) USES PROHIBITED: -2 _ 1 2 3 4 5 6 7 8 9 10 xi 12 13 14 ~, 15 16 17 18 19 20 2Z 22 23 24 25 26 All other uses of land not specifically authorized under Sect ion 24 -126 (A) above are prohibited . - ~. .. (D) LOT REGULATIONS. There shall be no setback, side yard, rear yard, or lot width or frontage requirements in areas zoned "PA-C ". Provided, however, that where a "FA-C" zone abuts a singl or multiple family residential zone, the setback require-~ ments of the abutting residential. zone in existence 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 with- in ten (10) feet of a con~aon property 1 ine between the "PA-C" zone and an abutting single ar multiple-residenti~ zone. (E) ACCESS REQUIREMENTS. Access to each lot ar to the common area serving said trot sha11 be provided in accordance with the re- quirements of Chapter 20 of the i3utte county Gode . including the improvement standards set forth in the resolution of standards adapted pursuant thereto, Vehicular and pedestrian movement in said cluster parcel adequate for the. use intended shall be evidenced by rights -af -way or easements granted on a ~i:~al sub - divisian map or rights-of-way ar easements granted by -3 - ~1 1 separate instrument pursuant to appxoval of the Board 2. . of .Supervisors .. Des zx~able.,mnimu~n width o~ a.ny such ~.... . _. . 3 _. . ......... ~y...~ ) .~..... _ ... _ _. easement is t~a'ent 20 feet . 4 (F) LOT COVERAGE ~ No lot (when considered together with its proportionate 6 share of any common space) shall be permitted building 7 coverage greater than that permitted in the "C-1" zone 8 far an equal size lot used for the same purpose. g (G) S[IPERSESSION ~p In the event the xegulations for this zone clearly con- 11, flict wit11 the terms of any other applicable ordinances 12 of the County of Butte eYCept Building, Electxical, l,3 Plumbing, and Sewage codes, the provisions hexeof shall 14 control. The provisions of this ordinance shall be 15 construed to be in harmony with all such ordinances 16 unless clearly in conflict therewith. Any subdivision 17 established in a Cluster zone after t3~e effective date I,8 of this ordinance shall be deemed to be an "open space lg subdivision" for the purposes of Section 20-30.2 of the 20 Butte County Code. 21, {H) iMPROVE~~IENTS . 22 All improvements within said zone shall meet the re- . 23 Quirements of Chapters l9, 2G, 27 and 28 of the Butte 24 County Code. . ~g (I) MIN I~~IU~I AREA 26 The minimum area o£ any ''I'A-C" district sha11 be three _~.- 1 2 3 4' 5 6 7 8 9 10 lZ 12 13 ~4 15 16 17 18 19 20 21. 22 23 24 25 26 - (3) acres . (d') OFF STREET- PARKING Off-street parking shall be required pursuant to the follat,~ing formula (a) Residential Uses: Two (2) parking spaces for each living unit. (b) Off ices : 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 parkinb area may be owned individually by the owners of mare than one lot in common. (K) PROCEDURAL Any application for rezoning to Planned Area-Cluster shall be accompanied by a pxeliminary development plan to be submitted to -the subdivision committee for review and report pursuant to Section ZO-13 of the Butte County Cade. As to form and content, the preliminary develop- ment plan map and the review process shall conform to the requirements of said Code far a tentative subdivisia -map. Upon receipt of the recarnmendations of the commit- tee, 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 permi~cted are prohibited. SECTTON 4. In compliance with the provisions of said -5- 1 2. 3 4'~, 5 6 7 8 9 10 Z1 12 13 34 1~ 16 17 18 19 20 21 22 23 24 25 26 Butte County Cade, Chapter 24, the same is hereby amended by adding ..this Ordinance in full.. __ SECTTON 5. The penalties for the violation of the zoning hereby imposed within the district shall be as provided iii the Butte County Code, Chapter 2~-, this Ordinance shall. from and after its effective date become a supplement to and part of the Butte County Code, Chapter 2Q-. SECTION b. This Ordinance shall be and it ~.s 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 (I 5) days after its passage, this Ordinance shall be published once ttiTith the names of the members of the Board of Super- visors voting for and against it in the Paradise Post, 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 Cal' ornia, the 31st day of October, 1978 , by the folloi,Ting vat AYES : Supervisor's Lemke Ma igan~ Moseiey~ ichtez and Cha x'man W~.nsto~x' ~.. NOES : None ~ ~f ABSENT : None ~ NOT VOTING : None / ~ ti's ~ ROOT A. VVINSTERQ; Chairman "' Butte County Board of Supervisors ATTEST: GLARK A. NELSON, County Clerk and Ex-officio Clerk of the Board ~~, Cs~iYin-~. Clerk or Deputy -6-