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HomeMy WebLinkAbout2533ORDINANCE N0. 2533 A~ QRDI~ANCE ZpNING PORTIONS OF THE COUNTY OF SU77E, STR~E OF CA~IFOR~IA, PURSUANT TO CHAP~ER 24-29. ~ The Board of 5upervisors of the ~aunty o~ Sutte, Stat~ of Ca7i fornia, 2 under and pursuant to Chapter 24-29 of the Butte Caunty Code of said Co~nty 3 DO ORDAIN as folTows: 4 SECTION 1. The he~einafter described area s~tuated ~~ the County 5 af Butte, State of Californ~a, sha17 be and it ~s hereby zoned as an S-R g (suburban res~dentiai) Distr~c~, and such area sha17 be subject to the 7 restric~~ons, restricted uses, and reg~lat~ons pursuant ~o B~tte County g Code Section 24-~59. g Said area so zoned being lacated in the unincorporated area a f Butte ~~ County, C~ico, mare ~art~cuTar~y described as fol7ows: 1~ R11 that certain rea7 proper~y situate in the CoUnty of Butte, State of Catifornia, described as fo7lows: 12 A~ortion of Lot 2, as shown on that certain map ent~tled, ~3 "Map o~ the Third S~bdivision of the ~ohn Bidwe7l Rancho, near C~ica, Butte Co., Caiifornia," which Map was recflrded ~4 in the office of the Recorder a~ the County o~ Butte, State of Cal~~ornia, September 17, ~900 in BooK 5 0~ Maps, at l~ Page 8, ~articu7ar7y described as fol7ows: ~6 Beginnir~g a~ a point on the sat~theasterly 7ine af said Lot, dis~a~~ therean, S 52° 29' W, 379.7 ~t. from the most eas~erly ~7 carner of said Lot; thence from sa~d point of beginning, continuing aTong the southeasteriy ~ine of said Lot, S 52° Z$ 29' W, $0.0 ft. to the ~ost easteriy carner of the parce7 of land described in the deed from C.D. Cheney to ~s W'I T ~ 1 d111 McCar~n, et ux, recorded I~arc~ 7 T, 1957 i n Vol ume 874 of Offic~al R~cords of Butte Coun~y, at Page 513; thence 20 a7ong th~ nartheasterly Tine af sa~d McCann parcel, N 37° 3T' W, 405.0 ft. to the mast northerly carner of said line 2~ af saTd McCann pareel; thence N 52° 29` E, $0.0 ft.; thence S 37° 31' ~, 405.0 f~. to the point of beg~nning 22 Cor~tain~ng Q.74 acr~s, more or Tess. 23 24 SECTION 2. The here-inafter described area si~uated in the County 2~ of Butte, S~a~e of California, sha7~ be and it ~s hereby zoned as a PI~D 2~ (planned ~nit development) D~s~rict, and such area sha71 be subject to the 1 ~~estrictians, restricted uses, and reg~lat~ons pursuant to Butte County 2 ~ode Section 24-12~. 3~~ Said area so zoned be~ng Zocated ~n the unincorporated area af Butte 4~o~nty, Chico, more particulariy described as faliaws: 5 s 7 8 9 ~a ZI 12 ~3 ].4 15 ~6 17' A1~ that cetain r~al property situate i~ the County of B~tte, State of Ca~ifarnia, described as foZlows: A por~ion of Lot 2, as shown on that cer~ain map ent~tled, "Map of the T~ird Subdivisian of the Joh~ Btdwel7 Rancho, ~ear Chico, Butte County, California," which map was recorded in t~e office of the Recorder of the County of B~tt~, State o~ California, September ~7, 1900 in Book 5 of Maps, at Page 8, particu~ar~y described as ~olTows: Beginning a~ a~oint on the southeaster~y line of said Lo~, distan~t thereon, S 52° 29' W, ~65.0 ft. fram the most easter7y corner of said lot; thence fram said point of beg~nning, continuing along the southeast~r~y line of said Lot, S 52° 29' W, 214.7 ft.; thence N 37° 3T' W, 405.0 ft.; thence N 52° 29' E, 379.7 ft. to the nartheas~erTy l~ne of said Lot 2, and the centerline of Sidwe7l Rvenue (now knawn as Alama Avenue}; thence alang said ~ast men~ianed Tine, 5 37° 3~' E, 741.0 ft.; thence para17e1 with the southeasteriy 7ine of said Lot, S 52° 29' W, ifi5.p ft.; tF~ence para~leT with the northeasterly 7ine of said Tot, S 37° 31' E, 264.0 -Ft, to the poin~ of beginning. Conta~nir~g 2.52 acres, mare ar less. Zg SECTION 3. The use and developm~n-~ of said property zoned "P[~~" lg ha17 be in accord with the deve7opment ~~an submitted by the app7ican~, 2p s conditioned and incorporated ~ereir~ by reference. Said conditioned 21 eveZapmer~~ plan collect~ve~y cons~sts of the fol7owing as set for~h in 22 xhibit A at~ached hereto and ir~corporated herein: 23 (a) DeveTopment P7an (showing the locatian of buildings, streets, 24 arktng, and ather r~ajor feat~ares of the project}. ~g (b) Sanitary sewage d~sposal, domestic wa~er suppiy, and fire hydrant 28 aca~~on plan. .. 2_ 1 (c} Grading and drainage plan. 2 (d) Landscaping p7an. 3 SECTION 4. ~otwithstanding the prov~sions o~ Chapter 2~-126 of 4 he Butte Caunty Code the ~olTowing provisions shall govern the use and 5 evelopment af said property: 6 (a) T~e dwel7ings as shown on the deve~opment plan sha71 be limited ~ o resident~al uses and activities; and g (b) The storage af materiaTs and objects around ~he residentiaT g wellings as shawn on ~he deveTop~ent plan sha~~ be limited to those which 10 re nec~ssary ~o, appurtenant to and customari~y associated wi~h ~he ~l esidential use of t~e deve7opment; a~d 12 {c) The heiqht of a17 principal structures as shown on the ~~ evelopment P~a~ s~a11 not exceed a heig~t of twa {2) stories or 35 feet; 14 Iland ~g (d) The lceeping o~ livestock inc~uding harses and the development ~g f stables sha11 be prahibited; and 17 {e) Signs sha17 be ~~mited to an id~n~ifica~ian of ~he developmen~ ~g not ta exceed two (2} 3n number with a maximum SiZE of 50 sq~aare feet each, lg xcept ~hat s3gns adver~t~s~ng the development and sale and/or rer~taZ of 20 un~ts may be permitted un~il 85 percent of the dwe~lings are sold and/or 2z rented or ~ar~ti T a peri od of fi ve ( 5} years has e7 apsed wh~ chever i s fi rst. 22 he deveZoper shaZl be respons3b~e for the removal of all s~gns associated 2~ with the sa7e and/ar rental of said property; and 24 (f) The provisions of subsectior~s (a) and (3) above shaTl not apply 2B w-~th respect to any home occ~~ations per Sectians 24--21.47 and 24--200 of 26 ~~~he Zoning Ordinance. -3- 1 2 3 4 5 6 7 8 9 Z~ I ~.l 12 13 ~.4 15 16 17 18 is 2d 2I 22 2~ 24 2S 26 S~CTION 5. In the even~ the residential un~ts are offered for sa~e, the developer shall establish a homeowners association to be respansible for the mai~tenance and upkeep of the ut~lities, roads, and a17 other pro~erty owned in common. The develaper sha~l assume responsibil3ty for the unsold, rematning membersh~ps until such ~ime as the homeowners associatian can reasona~ly assume the f~nancial responsibilities for t~e mainte~ance and upkeep of ~he utiTities, roads, and a31 o~her real property owned ~n cammon. Ta ensure that the homeowners associatian ~s adequately formed to meet these respansibi7ities, the developer sha17 submit capies of said ho~eowners association agreer~ent ta the Butte County Planning Department for revi~w and approval priar -~o the recordatian of any subsequent map author~z~ng 'the sale of any real property in con,~ur~ction w~th th~s deveTopmen~. SECTIOf~ 6. This Ordinanc~ shall be and ~t is hereby dec7ared to be i n ~Ful ~ force and effect ~'rom and after thi rty (30) days after the date of its passage. Th~s Ordinance sha71 be published once with tf~e names of the r~embers of the Soard of Supervisors vat3ng for and against it in the Chico ~nterprise Record, a newspaper published in the County of Butte, Sta~e of Califorr~ia. -4- ~ PASSED AND ADOPTED by the Board af S~pervisors of the Caunty of 2 But~e, Sta~e of Cali~ornia, on the 7st day of Ju7y, 1986 by the fol~owing 3 vote: 4 RYES: Supervisors McInturf, W~eeler and Chair~an McLaughlin s NOES: Supervisors polan and Fu7to~ s ASSENT: None 7 NOT V~TING: None 8 s ~ ` ED ~IcLAlJGHLIN, hairman 10 Butte County Board o~ Supervisors ~-1 ATTEST: MARTIN ~. 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