HomeMy WebLinkAbout2007ORDINANCE N0. 2007
AN ORDINANCE ZONING A PORTION OF THE COUNTY OF
BUTTE, STATE OF CALIFORNIA, A "TPZ-160" (TIMBER
PRESERVE) 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:
i
e} SECTION 1. The hereinafter described area situated in
5 the County of Butte, State of California, sha11 be and it is hereby
g zoned as a "TPZ-159 (Timber Preserve Zone) District, and such area
ry shall be subject to the restrictions and restricted uses and
g regulations herein aftex specified and provided.
g Said area so zoned being located in the unincorporated
~p area of Butte County, Oroville, more particularly described as
II follows:
12 That portion of the SE 1/4 of the SE 1/4 of
Section 17 T20N R$E, MDBF~M, located south of Sly
23 Creek Reservoir. Containing 5.$ acres, more or less,
east of Oroville.
14 SECTION 2. REGULATIONS FOR A "TPZ-160" DISTRICT:
~,~ The fallowing regulations shall apply in a "TPZ-150"
l,g ~ District . .
lry (A) USES PERMITTED:
~g 1. Compatible uses, which are any uses that do not
~g significantly detract from the use of the property
20 for, or inhibit, growing and harvesting timber, and
21 ~ shall include, but not be limited to the fallowing,
22 unless in a specific instance such a-use would be
2~ contray to the preceding definition of compatible use,
24 a. Housing units that would be compatible to timber
2g uses.
26 b . Management for watex shed.`..
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c. Management for fish and wildlife habitat or hunt-
............ .__ ing and fishing.
d. A use inegrally related to the growing, harvesting
and processing of forest products, including but
not limited to roads, log landings, and log stor-
age areas,
e. The erection, construction, alteration, or main-
tenance of gas, electric, water, ox communication
transmission facilities.
f. Grazing.
g. Mining, or any use integrally xelated thereto.
(B) LOT AREA:
The minimum lot area for inclusion in the Timber
Preserve Zoning District shall not be less than 160 acres
and must consist of contiguous parcels, contiguous mean-
ing two or more parcels of land that are adjoining or
neighboxing or are sufficiently neax to each other as
determined by the Board of Supervisors that they are
manageable as a single forest unit. Such parcels must be
capable of growing an average annual volume of wood fiber
as determined by the County Assessor at least l5 cubic
feet per acre.
(C) INCLUSION STANDARDS.
The parcel or parcels to be included in the Timber
Preserve Zoning District shall comply with the following
criteria:
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1. A map shall be prepared showing the legal descript-
_.. ion or assess.or's.parcel number of the property
desired to be zoned.
2. A plan for forest management must be prepared or
approved, as to content, for the property by a
registered professional forestex. Such plan shal
provide far the eventual harvest of timber within
a reasonable period of time, as determined by the
prepares of the plan.
3. The parcel shall meet the timber stocking stand-
ands set forth in 14561 of the Public Resources
Code and the forest practice rules adopted by the
State Board of Forestry for the district in which
the parcel is located, or the owner must sign an
agreement with the Board of Supervisors to meet
such stocking standards and forest practice rules
by the fifth anniversary of the signing of such
agreement. Upon the fifth anniversary of the
signing of "such agreement, the Board of Super-
visors shall determine whether the parcel~~meets
the timber stocking standards in effect on the
date the agreement was signed. If the parcel
fails to meet the timber stocking standards, the
-Board of Supervisors shall immediately rezone the
parcel and specify a new zone for such parcel
which is in conformance with the County General
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Plan and whose primaxy use is other than timber
land.; _.
4. The parcel shall be privately owned land, or land
acquired for State Forest purposes, which is de-
voted to and used for growing and harvesting
timber, or for growing and harvesting timber and
compatible uses, and which is capable of growing
an average annual volume of wood fiber of at
least 1S cubic feet per acre.
5, The parcels shall be in compliance with the com-
patible uses as set forth in Part (A) of this
section.
6, The land shall be of Site Quality IV or better,
as described in X434.5 of the Revenue and Taxat
Gode, fox purposes of valuation.
(D) ADDITION .
Notwithstanding Part (B) of this section, recently
acquired land may be added to an existing Timber Preserve
Zoning District regardless of the parcel size, if the
addition is undex the same ownership and is capable of
growing l5 cubic feet per acre of wood fiber.
(E) Parcels zoned as "TPZ" Timber Preserve Zoning Distric
may ,not be divided into, parcels less than 150 acres unles
owners of resulting parcels submit a point timber manage-
ment plan prep axed by or approved as to content by a
registered professional forester, and such owners enter
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1 into a binding contract with the Board of Supervisors to
-2 - manage and harvest timber-on ..the timberland jointly, and
3 are bound by the provisions of such management plan fox a
4 minimum of 10 years.
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5 {F) FRONT YARD REQUIRED:
6 Minimum xequired front building set back shall. be not
~ less than 50 feet from the centerline of the road except
8 where the road is classified by the County as a Federal
9 Aid Secondary Road, in which case the minimum required
10 front building set back shall not be less than 55 feet
I1 from the centexline of the road.
I2 {G) SIDE YARD REQUIRED:
~~ Minimum xequired side building set back shall be not
14 less than 25 feet.
z5 {H)-REAR YARD REQUIRED:
16 Minimum required rear building set back shall be not
1,7 less than 50 feet.
~.g SECTION 3. All uses of land within the district not
lg specifically authorized and permitted are prohaibited.
20 SECTION 4. Tn compliance with the provisions of said
21. Butte County Code, Chapter 24, the-same is hereby amended by adding
22 this Ordinance in full.
23 SECTION 5. The penalties for the violation of the
24 zoning hereby imposed within the district shall be as provided in
25 the Butte County Code, Chapter 24, this Ordinance shall from and
26 after its effective date become a supplement to and part of the
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Butte County Code, Chapter 24.
SECTION-6. This Ordinance shall be anal .it is hereby
declared to be in full farce and effect from and after thirty (30)
days after the date of ids 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
Supervisoxs voting fox and against it fn the Oroville ~+~excuxy, 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 27th day of February
1979, by the following vote:
AYES: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman
Lemke
NOES: None
ABSENT: None
NOT VOTING: None
ATTEST: CLARK A. NELSON, County Clerk -Recorder
and Ex-officio Clerk of the Board
C er or Deputy
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ROBERT E. LEMKE, Chairman
of the Butte County Board of Supervisors