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~ a~~Narrc~ ~o . 2494
AN ORD~NANC~ ZONT[~G A.PORTION OF THE COUNTY OF BU'S'T~, SxAT~ OF
CALTFOR~TIA, A"PUD" (PLANI~ED L~iVIT DEV~LOPI'~ENT:) DxSTR~CT,
FETRSIIAIVT TO CHAPTER 24-29.
1~ '~he Board o~ Supervisors of tha County of Butte, S~.ate o~ California,
2 under and pursuant to ChaptEr 24-29 of the Butte County Code of said County l]4
3 ORDAII~ as foYlows:
4 SEC`~ION 1. The hereinafter describad area situated in the County o~
~ Butta, State of California, shall be and i~ i.s he~eby zoned as a"PUI3" (Planned
~ Unit Development) District, and such area s~Zall be subject to the restrictians
7 and restricted uses and regula~ions pursuan~ tn Butte Caunty Code Sec. 24-125.
$ Said a~ea so zoned being located in the unincorporated area of ~u~te
9 County, south of Paradise, ~nv~e parti.cu3.arl.y' d~scribed as ~ollows:
10 A1~. that certain real property situate in the County of Bu~te, State
of Cal~fornia, described as ~ollows:
lY
Parc~,1 A:
12 A portion of the ~ 1/2 of Section 18, T2IN R4E MDB&M, more
particularly described as follows:
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BEGINNING at the ~1 1/4 corner of said 5ection ~8; t~ence along the
Z4 ~ line of the i~1I~ 1/4 of said Se ction, S 00° 24' 5I" E 2597.07 ~t.;
thence leav~.ng said line, a3.ong the rim a~ tlne blu~f, the following
~5 courses and distances: S43° 21' 4/~" W 2I4.95 ft., S 34° 24' 52"
W 245.29 ~t., 5 IO° 46' 3Q" W 18b.74 ft., S 68° 56' I5" W 258.13
lg ft., S 77.° 53' 25" W 155.93 ft., 5 47° 46' ~+0" W 403.28 ft., N 35°
28' 25" W 143.21 f t., N S3° 3b! 54" E 402.b$ ft., N 47° 36` 22" ~
~7 176.81 ft., N 47° 14' S1" E~06.21 ft., N 13° 29' 05" ~ 94.99 ~t.,
. N 40° 14' O8" E~.96.57 ft., N 03° 49' 09" E 23S.S4 ft., N 47° Q7'
~,8 29" E 210.55 ft., N 09° 55' 44" E 27S.9E} ft., N 03° ~4' Ob" E 415.86
ft., N 24' 46' S1" W 480.92 ft., S 67° 55' i9" W 279.Sfi ~t., S 78°
~g 13' QO" W 378.33 ft., S 51° 1~' 45' W 1.03.52 ~t., S 8~° 04' 31" W
215.25 ft., N 16° 20' 31" E 99.50 ~t., N 16° 03' 53" E 261.42 ft.,
2p N 13° 18' 37" E 228.38 ft., N 42° 30' 26" E~.Ob.30 ft., N 07° 08'
06" W 251.28 ft., N 53° 4d' 45" W~51.45 ft., N 02° 22' 04" E 210.59
2~, ~t., N 01° 57' 1.3" W 287.69 ft., and N OS° 37" 11" W 74.0 ~t. to
the N Iine of said Sec~9.on 18; thenca along said I~ ~ine, N 88° 45'
~2 49" ~ 1202.37 f~. to the point of beginnirzg.
2~ ALSO EXCEPTIiVG THEREFROM all that portion within the boundaries of
the land described in Deed to the County of ~utta, recorded May' 9,
24 ~.973 in ~ook 1834 of Butte County Official Records, at Page 5b0.
2g Parcel B:
Seing a portion a~ Parcel 3, as shown on that certain Parcel Map
2B file a.n the office of the Recorder o~ the County of Butte, 5tate
of California, on Septemher ~7, I979 in $ank;,73 af Parcel Maps, at
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~~ Page 34, and more particularly descxxbed as fol.].ows:
~ COMMENCIN~ at the S 1/~ corner o~ said Section 7; thence along ~he
souther~.y Iine of said Section 7, S 88° 45' 16" W, 405.92 ft. to
3 an iron pipe ~agged L. S. 3b34, which pipe maxks the westerly right°of-
line fo~ ~he Pentz-~Iagalia Highway an~ the true paint of beginning
I~ for this parcel; thence continuing along said southerly section lina,
S 88° 45' 16" W 796.45 ft.; thence N 7° 31' 09" W 594.b6 ft., thence
~j N$9° 25' 26" E, 733.27 ft. to the westerly l.zne of the Pentz-Magal.ia
~iighway; thence along saic~ wester~.y lin~ S 3° 32' 56" ~ 47.94 ~'t.;
g thence continuing along said wes~erly line along the arc of a 1440
foot radius cuxve to the left a distance of 552.5~ ft., through a
7 central angle of 2~° 59' 02" to the point o~ beginning.
$ ~arce~ C:
g A portian of tkZe SW If4 of the 5W 1/4 of Sec. 18 T21N R4E MDB&M togethe
wztl~ a portion of the NW 1/4 of ~.he NW 1/~ of 5ec. 19, T21N ~4~ being
~p more particu~arly described as follows:
11 Commencing at the SW corner of Sec. 18 T2~.N R4~, th~nce running north-
erly a~.ong the W line of said Sec. ~.8 N 00° Q4' 41" W 530.00 ft.
~~ to a point; thence N 89° 43' 12" E 925.00 ft. to a paint; thance
southerly and parallel to the W line of said Sectin 1$ ~o th~ northerl5
Z3 right-of-way line of I~tessilla Valley Road S QO° 04' 41" ~ 7b3.fl0
ft.; thence w~sterly along the nort~er'ly right-of-way line of Messilla
14 Valley Road to tha intersection of the W lina of Sec. 19, T21N R4E;
tnence northerly along the W line of said Section 19 to the po~nt
~5 of beginning N 00° 39' 22" W, 340.00 f't. contaa.ning 21.~.7 acres moxe
ar less.
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(Pipe.~ine) :
~7 ToBethe~ with a s~~ip af ground 2E1 ft. in wid~h of the cente~l.ine
p~ which is more particular~.y descxibed as follows:
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COMMENCING at a~oint an the N iine of Parcel "C" described above
~~ fram wn~~n tne SFI corner of 5ecf.~.on 18 T21N R4E, bears S 42° 05'
3I" W a distance af 7I5.05 ~t., thence NE to the znost southwesterly
20 portion af Parce~. "A" N 43.° 55' I9" E, a dist~nce af 1652.~~ f~t.
more or ~.ess .
2Z
22 SECTIOIV 2. The use and development of said property sha.ll he in
23 accord with the development p~an submitted by the applicant, as conditioned
24 and incorporated he~rein.by_reference. Said_conditioned development plan, consist~
25 af the fo~lowin~ dacuments:
26 A. Li.me Saddle ~states PU~ showing the entire parcel, natura7.
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~, I~ ~oadsi road sections, builda.ng 1ots, water and sewer lines, sewage
2 treatment p~ant area, cottvflon apen space, wa~er storage tanks, was~e-
3 ~ water stnrage pond and a.zrigation area on t~e Casey Ranch. (~xhibit
,¢ A )
~ B. Exhibi.~ showing an exterior view of a typica.~ resid~nce and the
~ f].oo~plan. (~hihft B) I
~ SEC~'I4N 3. Sa~.d developmen~ plan ident~fied two areas; (1) the area
g designated as "Common Area", {2} the area identzfi.~d as 'Tt.umbered L.ots" sha11
g be cansidered th~ "D~v~lopment Area".
~p SEC'~ION 4. Notwiths~anding ~.he provisians of Chapter 24-126 of the
],Z Butte County Coda, the following provision shall govern the use and development
12 of the common area and de~relapment ar~a:
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13 (a) Common Area ° the us e and development of that portian af said
~t~ groperty referred to as the common area sha~.1. be limitad f.a the following uses:
~,5 1.. Open space uses which do not require development ar improvemant
~g of a permanent or structural nature (other than. the we11s, water storage tanks,
Z~ sewage treatment p~.ant, and future recreation.bui~ding with associated facilities ;
18 and
lg 2. Preserva for nativs wildlifa; and
20 3. Nothing in ~.hzs s~ction should be construed to preclude nominal,
2~ norma~. maintenance activities associated with the natural open space a.ncluding
22 ~ut not Iimited to ~he f.hinning of trees, removal o~ debr~.s, dead animals,
23 etc.; and
24 4. 0£~ road motorized vehicle use o~ the common area is to be p~ohibi~ d
2g except as required in item 3 above.
26 (b} Development .A.rea -~the use and develapm~nt of ~hat portion of
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~ lsaid p~'oparty refe~red to as the Development area shall be limited and regulated
2 by the following provisions:
3 l. The residantial bua.lc~a.ng sites as shown on the development plan
4 s~tall be limited to residential uses and activities. Tha numbered lots are
5 tn be ].i~ni~ed tn ane singla fami~.y c~welling per parcal; and
6 2. The storage of materials and objects around the resa.denti.al dwell-
q ings as shown on the ~.evelopment plan sha11 be iimitet~ to those which are acces-
$ sory to, appurtenan~ to, and customari.].y' asso~iatec~ with the residentia~ use
9 of those dw~~.li.ngs; and
~p 3. A11 other accessory structures and%or bui].d~.ngs ~or which a buz~di
~~, permit is raquir~d shall be 7.imited to those wYtich are accessory to, appurtenant
lZ to and cus~.omarily assQC~ated with the rasidential and/or zeczeatzanal use
~3 of the praperty; and
~.¢ 4. The height of alI principai structures sha~l not excEed a height
~,5 of ~wo (2} stozies or 35 fee~; and
~g 5. T~E keeping o~ 7.i,v~stock except horses sha11 be prohibited; and
17 b. Home occupations as defined in Chapter 24-21. af ~he Butte County
~$ Code shall be al~owed t~nless pronibited by the homeowners association..
lg 7. Signs shall be li.mited to an identa.~a.cation of the devalopment
2p not to exceed two (2} in number with a maximum sa.ze of 50 sqt~are feet each,
21, e~cept that signs advertzsing the development and sale o~ units and located
22 within the development area may be permi.tted until 85 percent of the building
23 sites are sold o~: uztti~ a period of five (5) years has elaps~d, whichever is
24 first. The developer skta~.l be responsible for the remova~. of al~ szgns associat
2g with the sa~e of said property; and
2B S. Except ~or optionaY barbed wire, fencing around the perimeter,
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~. securi.ty gate at the entranca to the devalogment, fencing and/or walls near
~ the dwelling un.i.ts, and around the sewage treatment plant area, no extensive
3 fancing and/ox wa13. around or within tha project site shaJ.l be permitted. The
t} ~ences and/or walls above shall not exceed six {6} ~eet in haight except for
5 the perimeter fence whi.ch sha11 nQt exceed five (5) feet in height.
g SECTION 5. The developer sha7.1 es~ablish a ixomeowners association
7 ta ~e responsa.bJ.e for the maintenance and upkeep of the utili~ies, roads, sewage
g treatment plan and disposal facilities, and a11 othe:r real property owned
s in common. The de~reloper sha~l assume responsibility for the unsold, remaining
~d memberships until such time as the homeownars associ.ation can reasonabZy asstur3e
~x th~ financial responsibilities for the maintenance and upkeep of the utili.tzas,
~2 roads, sewage treatment ~lan and disposal faci].itias an~d aIi real praperty
~~ owned in common. To ensure that the homeowners association is adequa~el.y ~ozmed
~,~ ~a meet ~he respo~sibilities, the de~reloper sna11 submit copies of said home-
~5 ownex's associ,ation,,.agreement_to.the Butte County Planning Department for review
~~ and approva~. prior to tha recordation of any subsequant map authorizing the
~7 sale o# any reai property in conjuncti.on with this development.
~~ SECTTON 6. This Ordinance shal]. be and it is here~y declar~d to
l~ be in full foxce and eff~ct from and after thirty (30) days after the date
20 of its passage, and befo~e the expiration of ~ifteen (~5) days aftar its passage,
21 this Ordinance shall be published on~a with ~he names of tlze members of the
2~ Board of Supervisors voting for and against it in the Paradise Post, a newspaper
23 pu~lished i.n. the County of Butte, State of Caiifornia.
24 PASSED AND ADOP~ED by the Board o~ Supervisors af the County of
25 Butt~, State of Galifornia, on the 75~~day af October }gg5, b}r the following
26 vote:
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IAYES: Supervisors McInturf, Wheeler and Chairman Fu7ton
,Vp~g; Supervisars Do~an and McLaughl~~
ABSE~T: ~one
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NOT vO~~NG: None : / /7
N FUL`TON, CHA~RMAN
tf.~ County Board of Supe:rvisors
ATTEST: MARTIN 3. [~ICHOLS, Chief Administ~ativa
Officer and C1erk of the Board
By ~.~! ~'~,~CJ~~~.~-
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