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HomeMy WebLinkAbout2011ORDINANCE NO. 2011 AN ORDINANCE ZONING A PORTION OB' THE COUNTY OF BUTTE, STATE OF CALIFORNIA, A "PA-G" [PLANNED AREA- CLUSTER) 37ISTRICT, PURSUANT TO CHAPTEP. 24-29. 1 2 3 4 5 6 7, 8'' s to lI 12 13 14 15 16 17 18 is 20 21 22 23 24 25 26 The Boaxd of Supervisors of the County of Butte, State of I-C a1~.foxnia, under and pursuant t.o. Chapt.er 2~-29 of the .I3ut.te County Code of said County DO ORl]AIN as follows SECTION 1. The hereinafter described area situated in the County of Butte, State of California, shall he 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 re- ~gulations hereinafter specified and provided. Said area so zoned being located in the unincorporated area of Butte County, Chico, more particularly described as follows: Lat D of "Febblewood Pines" Sub per map of record in Sap Book 5& on Pages 78 -F 79 of the Butte County Recorder. Containing 1.079 acres, mare or less, Chico. SECTION 2. REGULATIONS FOR A "PA-C" DISTRIC'~: The following regulations shall apply in a "PA-C" Distxict. [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 z~~itl~out regard to the traditional limitations on lot size, road frontage, setback, side yards and rear yards. Said za?ie is to be .applied only to areas determined 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 reference to existing -1- 1 2 3 4 6 7 8 9 ld 11 12 13 1,4 15 16 17 18 19 2d 21 I 22 23 24 25 26 and pxoposed 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 a~aners 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, change the character of any use or introduce any new uses) shall require re-zoning in accordance with an amend~.d 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 fxom noise, fumes, congestion or other causes. (B] USES PE;Ii'~~ITTED: 1. Those uses which are permitted in the "C-1" (Light Commercial) District without the necessity of secur- ing a use permit. 2. Service Stations. (C) USES PROHIBITED: All other uses of land not specifically authorized under Section 24-12G{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" -2- 1 2 3 4 5 6 7 8 9 10 I1 l.2 13 3.4 1~ 16 17 I~'I 18 ~.9 'i 20 '~~ . 21 I 22 23 '' 24 2S 26 Provided, however, that where a "PA-C" zone abuts a single or mult.ipl.e..family residential. zone, the setback - requirements of the abutting residential zone in exist- ence 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"IAA-G"zone shah. be located within ten {IO) feet of a common property line between the ''P.A-C" zone and an abutting single or multi- ple-residential zone. {E) ACCESS REQUIREMENTS. Access to each lot or to the common area serving sai 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 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 gxanted on a final sub- division map or rights-o.f-way or easements gxanted by separate instrument prusuant to approval of the Board of Supervisors. Besirable minimum ~,ridth of any such easment is twenty (20) feet. {F) LOT COVERAGE . Na lot (when considered together with its proportiona.~te -3- 1 2 3 4 5 s 7 8, 9 30 1~. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 share of any common space) sha11 be permitted building coverage greater than- than permzt~ed ire the .T,C_1T, ..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 ordinance of the County of Butte except Building, Electrical, Plumbing, and Se~,~age codes, the provisions hereof sha11 contxal, The provisions of this ordinance shall be construed to be in harmony with all such ordinances unles clearly in conflict there~~Tith, Any subdivision establish ed in a Cluster zone after the effective date of tl~is ordinance shall be deemed to be an "open space subdivisio for the purposes of Section 20-30.2 of the Butte County Code , {H) IMPROVEMENTS . All improvements within said zone shall meet the requirements of Chapters 19, 26, 27 and 28 of the Butte County Code. (I ) MI N I~•4U?~i ARE. . - The minimum area of any "PA-C" district shall be three (3) acres. i {J) OFF STPrEET PARKING . Off-street parking shall be required pursuant to the following formula: (a) Residential Uses: Two (2) parking spaces for -~- . r, 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 each living unit. (b) Offices..;...... One (].) parl:ing_ .space for each ..44Q 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 mare than one lot in common. (K) PROCEDURAL. .Any application-for rezoning to Planned Area~Cluster slzali be accompanied by a preliminary development plan to be submitted to the subdivision committee for review and report pursuant to Section 2~-13 of the Butte County Code. As to form and content, the preliminary developmen plan map and the revie~,r process shall conform to the rec{uirements of said Code far a tentative subdivision map. Upon receipt of the recommendations of the Committe the Planning Director shall. set the application fox hearings as in the case of other rezoning applications. SECTTON 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 tthis Ordinance in full , SECTION 5. Tli.e 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 after ~~ _S_ 1 2 3 4 5 6 7 8 9 ~0 ~.1 12 13 14 i~ 16 its effective date became a supplement to and part of the Butte Gount.y. Code., Chapter. ~~._. _. .._ . _ _ ..... .. .. SECTION 6, This Ordinance shall be and it is hereby declared to be in full force an d effect Exam and after thirty (30) days after the date of its passage, and before the expiration of fifteen (15} days after its passage, this Ordinance shah. be published once with the names of the members of the Board of Supervisars voting for and against it in the Chico Enterprise Record, a newspaper published in the County of Butte, State of California. PASSED AND ADOPTED by the Board of Supervisars of the County of Butte, State of California, an the 27th day of March 1979, by the following vats; A~'E S: Supervisors Moseley, Wheeler, Winston and Chairman Lemke NOES : Supervisax Dolan ABSENTS None NOT VOTING: None ~7 1 18 I9 20 2l. ROBERT E . LEI~iKE , Chairman Butte County Board of Supervisors ATTEST: CLARK A. NELSON, County Clerk-Retarder and Ex-officio Clerk of the Board 22 23 24 25 26 i Clerk or Deputy ~b-