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HomeMy WebLinkAbout2074ORDINANCE NO. 2474 AN ORDINANCE ZONING A PORTION OF THIr COUNTX OF BUTTE, STATE OF CALIFORNIA, A "PA-C" (PLANNI=T3 AREA CLUSTER) DISTRICT , PURSUANT TO CI-~~Al'TER 24 -29 . 1 The. Board of Supervisors of the County o-f Butte, State of 2 Ca,l.~_f.o~~a.,...und.er and. pursuant to.. Chapter 24-.29 of .the. Butte County.. .. .-.-,...,. ,... ,. ... ... .... ........__....._-.,__.-._.,_,. .....-.... ..,..-.... -... ---., _.._,.-...... -.._...._y.-.._... _.._... ..-._-...-.... ,.-.-_...- ... ..-.._. .. --...,-.. _..---.. ..,.... __,..._... . - g Code of said County DO ORDAIN as follo~rs: 4 SECTION 1. The hereina~Fter described area situated in g the County of Butte, State of California, shall be and it is hereby g zoned as a "PA-C" (Planned Area-Cluster) District, and such area q shall be subject to the restrictions and restricted uses and re- g gulations hereinafter. speci:Eied and provided. g Said area so zoned-being located in the unincorporated. ip area of Butte County, Oroville, more particularly described as I~ follows: ~2 A portion of tl~.e SFr IJ4 of Sec. 1, Tl3N, R4E, MBDF~P,f, Butte County, California, more particularly 13 described as follottiTs I4 Parcel #4~ beginning at the most westerly point of tl~e parcel shown in that certain record of survey recorded 15 February 9, 1974,- in Boole 33 of ~•iaps, at Page 72, Butte County official records, said point being designated. in ~,g said Record of Survey as AC-42, and Lying on the S line of said Sec. 1, thence along the nortl~~=esterly line of ].7' the above said parcel, N 15° 22' 04" E, 1344.61 ft., and S 89° 56' 4$" E, to the E right-of-way Tine of 18 Royal Oal;s Drive; thence southerly along said right-of- way line to the S line of said Sec. 1; thence I~' along 19 the S line of sand Sec. 1 to the lF~ right-of-fray line of Royal Oaks Drive; thence southerly, n=esterl.y, and narth- 20 erly along said right-of-v~ray line to-the S line of said Set. l; thence E along the S line of said Sec. 1 to t?-ie . 21 ,point of beginning.- 22 Containing IS.74 acres, more or Less, Oroville. 23 SECTION 2. REGULATIONS FOR A "PA-C" DISTRICT: 24 The follol.ring regulations shall apply in a "PA-C" 25 Distx7.ct 26 (A) PURPOSE: -I- 1 _. 2 3 4 6 6 7 8 9 to 11 12 13 14 15 18 17 18 i9 20 21 22 23 24 25 26 The "PA-C" zone is intended to facilitate the development of -centers of resid.enti~a~. ar li~l~t ..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. Saul zone 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 and proposed land uses, the county general plan and any applicable precise plans. The final development plan, as approved by th.e board of supervisors, shall be binding on the developer or subse- quent o~tiners as~ regulations far land uses i~=ithin tl~e zo?~e. Deviations from the sand plan (except minor deviations i,rhick do not increase tl3e density or intensity of any use: change the character of any use ar introduce any ne~tir uses; shah. reoui.re rezoning in accordance ~,=ith an amended development plan, further, said zone should be applied only where its peripheral boundaries can be adequately integrated ti=ith the surrounding public rand system and surrounding Zones ~+=~.thout creating nuisances from nazse,. fumes, congestion ar other causes. {B) USES PERMITTED: 1. Those uses which are permitted in the C-1 (Light Com- mercial) District ~~~ithout the necessity of securing a use permit. -2- 1 3 4 5 6 T 8 s ~0 11 12 13 3.4 15 18 ~7 18 Y9 20 2I 22 23 24 2~ 26 2. Service stations. .._.._ _. {C} USES PRC~HI~ITEU: All other -uses of land not spec~:£i- _ . _ .. ~. cally authorized under section 24-I26 {A} above are pxo- hib~.ted. {D} LOT REGULATIONS: There sha11 be no setback, side yard, rear yard, or lot ~+~idth or frontage requirements in areas zoned PA-C: provided, hot{rever, that where a I'A-C zone abuts a single- 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, ho'+rever, that na structure vrithin a PA-C zone shall he located ~+Tithin ten {10) feet of a common property Iirie bets+reen the PA-C zone and an abutting single or multiple residential zone. (E) ACCESS REQUIRE~~ENTS Access to each lot or to the common area serving said lot shall be provided in accordance with the requirements of Chapter ZO of the Butte County Cade including the . improvement,standards set forth in the resolution of standards adopted pursuant thereto. trehicular and pedestrian movement in said cluster. parcel adequate for the use intended shall be evidenced I}y rights-of-i+~ay or easements granted a:rL a final sub- _3_ 1 ctivisian map ar rights -~of -way ar easements granted. by 2 _. separate instrument pursuant to approval of the board...af 3 supervisors. Desirable minimum ~,Tidth of any such ease- 4 ment is twenty-{20) feet. 5 (F) LOT COVERAGE: g No lot {t4~hen considered together ~~rith its proportion- ? ate share o£ any common sp ace) shall be permitted, building . g coverage greatex than that permitted in the C-1 zone ~'ar g an:ac~ual size lot used :for the same purpose. ~0 (G) SUPERSESSION: ~,~ In the event the regulations for .this zone clearly 12 conflict with the terms of any other applicable ordi- 13 nances of the County of Suite except building, electrical 14 plumi~ing and sewage codes, the provisions hereof shall 15 control. The provisions of this chapter shall be con- 16 strued to be in harmony ~~Titb all such ordinances unless 17 clearly in conflict therewith. Any subdivision establish 18 ed in a cluster zone after the effective date of-this 3.9 chapter shall be deemed to be an "open space subdivisiontt 20 for the purposes o£ sect~.on 20-30.2 of the Butte County 2I Code. ~ - 22 {H] Ii~4PRGVEPy1E11iTS 23 All improvements iarit?1.in said zone shall. meet the re- 24 ouirements of Chapters 19, 26, 27 and 28 of the B~.itte 26 County Cade. 26 {I) r~~INIr.:tprnq AREA: - ~l - l 2 3 4 S 6 7 8 9 10 >~ 1 12 ].3 14 ~5 16 ].7 18 l.9 20 21 22 23 24 23 2s The minimum area of any FA-C district shall he three (3) acres...... ~. ... _ _ ~... _. _ ~ . (J) OFI'-STREET I?AP.ICING Off-street parking shall be required pursuant to the following formula: a. Residential uses: Two (~) parking spaces ~Cor each ~. iv ing unit . U. Offices: One (1) parking space far each four hundred (~00} square feet of gross floor area. c. Retail stores: One (1) parking space far each three hundred (~00) square feet of gross floor area. Said parking area may he owned individually by the a~anexs of more than one lot in common. (IC) I?ROCEDiTRAL: Any 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 development plan map and the rev~.e~~t process shall conform to the rea4uire- ments of this Code for a tentative subdivision map. C]pon receipt of the recommendations of the committee, the planning director shall set the application far hearings as in the case of other rezoning applications. SECTION 3. In compliance with the provisions of said Butte County Cade, Chapter 24, the same is l~ereUy amended Try adding _~.. 1 2 3 4 5 6' 7 8 9 10 I1 12 13 14 lv 16 17 18 19 20 21 22 23 24 26 26 this Ordinance in full. . SECTION 4.- . The penalties for..-the. violation of the..zoning. hereby imposed irithin the district shall be as provided in the Butte County Cade, Chapter 24, this Ordinance sha11 from and after its effective date become a supplement to and part of the Butte Caunty Code, Chaptex 2A~. SECTION 5. This Drdinance shall be and it is hereby declared to be in full force and effect from and after thirty (30) days aftex the date of its passage, and before the expiration of fifteen (I 5) 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, a net~7spaper published in the County of Butte, State of Cal-ifor:nia. PASSED AND ADOPTED by the Board os Supervisors of the County of Butte, State of California, on the 5th day of February 1980, by the following vote: ' AYES: Supervisors Dolan, Wheeler and Chairman Lemke I NOES : None ABSENT : Supervisors Moseley and Wins~.on 1\TOT ~rOTI NG : none ~ n ` ROBERT E . LE~~KI~, , Chairman Butte County Board of Supervisors ATTEST: CLARK A. NELSON, County Clerlc-Recorder and Ex-off icio Clerk of the Board By .. 6 -