HomeMy WebLinkAbout2230File No. 81-64
ORDINANCE N0. 2230
AN ORDINANCE ZONING A PORTION OF THE COUNTY 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 and restricted uses and re-
'~,gulations pursuant to Butte County Code Section 24-126.
Said area so zoned being located in the unincorporated
area of Butte County, Oroville, more particularly described as
follows:
All that certain real property situated in the
County of Butte, State of California, described
as follows :
Being a portion. of Section l3, T19N, R4E, MDS&M,
and Sec. I$, Tl9N, RSE, MDB&P~, more particularly
described as follows:
Parcels~3, 4 and 5 of the parcel map retarded
February 5, 1973, in book 45 of maps, at Page 19,
Butte County Official Records;
Excepting therefrom Village Oaks Unit 1, as shown
on the Subdivision Map ther~oT'recorded February 23,
1977, in Book 58 of maps, at Page 2l, Butte County
Official Records;
Also excepting therefrom Vi'ilage Oaks lA, as shown
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.,,on the SubdiVi sloo: Ma-p'thore~~`~' recorded .M'~.y:; 16
.. 1977 ~.: i.n. Book 58 o-f ma PS.~.:at page 29~, .Bu.tte Cou.nt.y.
Official Records;
Also excepting therefrom Village Oaks Unit 2, as
shown on the Subdivision hiap thereof recorded
September 6, 1977, in Book 58 of maps, Page 62,
Butte County Official Records.
Containing 136 acres, more or less, east of Oroville.
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SECTION 2: The use and development of said property shall
be in accord with the development plan submitted by the applicant,
as conditioned and incorporated herein by reference. Said condi-
tioned development plan consists of the following document:
A: Heart Federal Savings and town Association PA-C
Development showing the entire parcel, natural featuref
access to Apica Way, Saddle Drive and lariat Loop,
interior roads, building lots, ponds, fire hydrant i
locations, landscaping plan including natural open
areas and revegetation areas, common use areas and
recreation areas. (Exhibit A}
This document and conditions are located in the files of ',
the Butte County Planning Department.
SECTION 3: Said development plan identifies two areas;
(l} the area identified as'"Natural Open Space", (2} the area ident-
ified as "Condominium Townhouses" and "Single Family Residential"
',shall be considered the "Development Area".
SECTION 4: Notwithstanding the provisions of Chapter 24-
126 of the Butte County Code, the following provisions shall govern
the use and development of the natural open space and development
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(a} Natural Open Space - the use and development of that
portion of said property referred to as the natural open sjoace
shall be limited to the following uses:
1, Open space uses which do not require development
~~or improvement of a permanent or structural nature; and
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2 ~~nent; and
2. Recreational uses not requiring permanent improve-~
3 ~ 3. Preserve for native wildlife and existing water
4 esaurces; and
g 4. Nothing in this section should be constr~~:ed':~to
6 preclude nominal, normal maintenance activities associated with the
7 atural open space including but not limited to the thinning of
8 reel, removal of debris, dead animals, etc.
g (b) Qevelopment Area - the use and development of that
10 ortion of said property referred to as the Development area shall
ZI a limited and regulated by the following provisions:
12 1. The residential building sites as shown on the
1.3 evelopment plan shall be limited to residential uses and activities
3.4 he parcels designated "Townhouse Condominium" are to be reserved
15 or multi-family uses, and limited to the number of dwelling units
3.6 ho4tn on E~chib~t!:A The. ::',Single Family Residential" areas are to
~,q a limited to one single family dwelling per parcel; and
Zg 2. The recreation and office buildings as shown on
1g he development plan shall be limited to recreation, social, main-
20 tenance and administrative uses and activities associated with the
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22 3. The storage of materials and objects around the
23 residential dwellings as shown on the development plan shall be
24 limited to those which are accessory to, appurtenant to, and custom-
25 ari.ly associated with tie residential use of those dwellings; and
261 4. The storage of materials and objectsin and around
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the recreation and office buildings as shown an the development plan
shall be limited to those which are accessory to, appurtenant to,
and customarily associated with the recreational, social, maintenanc
and administrative use of these buildings; and
5. All other accessory structures and/or buildings
far wt~i.ch a building permit is required shall be limited to those
which are accessory to, appurtenant to and customarily associated
with the residential and/or recreational use as the property; and
6. The height of all principal structures as spawn
on the development plan shall not exceed a height of two {2}
stories or 35 feet; and
7. The keeping of livestock including horses and
development of stables shall be prahibited; and
$. Dome occupations as defined in Chapter 24-21 of
~~ the Butte County Cade shall be prohibited; and
16 9. Signs shall be limited town identifieatian of the
17 development not to exceed two {2} in number with a maximum size of
lg 54 square feet each, except that signs advertising the development
19 and sale of units may be permitted until 85 percent of the building
2p sites are sold or until a period of five {5) years has elapsed which-
21 ever _i S. first. The Bevel oiler: shal_1 .be responsi bl e- for the -~remova .. - -,
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22 of all signs .associated with the sale of said property,
23 SECTION 5: The developer shall establish a homeowners
24 association to be responsible for the maintenance and upkeep of the
25 uti 1 i ti es , roads , and a 11 other real property .owned i n common .
26 The developer shall assume responsibility for the unsold, remaining
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memberships until such time as the hoimeowners association can reasonl-
ably assume the financial responsibilities for .the maintenance and
upkeep of the utilities, roads, and all real property owned in
common. Ta ensure that the f~omeowners association is adequately
formed to meet the responsibilities, the developer steall submit
copies of said homeowners association agreement to the Butte County E..
Planning Department for revietr and approval prior to the recordation
of any subsequent map authorizing the sale of any real property in
conjunction with this development.
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SECTION 6; This Ordinance shall be and it is 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 (l5) days after. its passage, this Ordinance shall be
published once with the names of the members of the Board of
Supervi sors voting for and against i t i n the Orovi l le €~ercury, 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 3D'~h day of .7nne >
1981, by the following vote:
AYE $: Supervisors Saraceni, Wheeler and Chairman Moselay
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'NOES . ~ :N`e~ne .:. :.: . ~....~
ABSENT: Supervisors Dolan and Lemke
[~ O T V OT I N G: None r.
BERTFfA M05~~LEY., Gnaxrman
Butte County Board of Superv sors
ATTEST: CLARK A. NELSON, County Clerk-Recorder
and ExO c' Clerk of the Board
By
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