HomeMy WebLinkAbout3091ORDINANCE NO. 309~.
AN ORDINANCE ZONING A PORTI4N OF THE COUNTY OF
BUTTE, STATE OF CALIFORNTA, A PUD (PLANNED LJNIT
DEVELOPMENT) DISTRICT, FURSUANT TO SEGTYON 24-29.
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The Board o~ Supervisors af the County of Sutte, State af Cali£ornia,
under and pursuan~ to Section 24-29 of the Butte County Code af said County,
ORDAINS, as follows:
SECT~ON 1. The hereinafter described area situate in the County
o~ Butte, State of Califarnia, shall be a,nd it is hereby zoned as a PUD (Planned
Unit Development) District, and such area shall be subject to ~he restrictions and
restricted uses and regulations puzsuant to Butte County Code Section 24-126.
Said area so zoned being located in the ~nincorporated area of But~e
County, Paradise, more particularly described as follows:
All that certa.in real property situate in ~he County of Butte, State
of Californi.a, described as follows:
All that portion of the land of Robert E. Conway, ET UX, be~ng a
portivn of the SW 1/4 of Section 3~, 'I'22N, R4E, MDM, as shown
on that certain Record of Survey for Rabert E. Canway, filed in the
Offic~ of ~he Recorder of the County of Butte, State of Caiifarnia
on 4ctober 1G, 1989, under Book 114 0£ Record o£ Surrveys, at Page
6~..
Together with a.il that portzon of the lands of Robert Conway being
a portion of the NW ~/4 0£ the NW 1/4 of Section d, 'I`2~N, R4E,
NIDM, as shown on that certain Record of Survey foz Robert
Conwaq filed in the Office o~ the Recorder ~of the Cou.nty of Butte,
Stat~ of Ca.lifarnia, on November 22, 1985, under Book 1.01 of
Record of Surveys, at Page 9.
Together with t~aat port~on of the lands of Rab~rt Conway, being a
portion af Lot 1 of Section 1, T21N, R3E, MDM, as shown on that
certain Record of Survey for Robert Cnnway, filed in the ~ffice of
the Recorrder of the County of Butte, State of Caiifornia, on
No~'ember 22, 19$5, und~r Book 1Q1 of Record nf Surveys at Page
9, more particularly described as follows:
Beginrung at the NE corzaex o~ sa.id Lot 1, of Section 1, T21N, R3E,
as show~ an sa.id Rober~ Conway Recozd o~ Survey and the true
point of beginning of the herein described parcel of land; tk~ence N
83 ° 3T OS" W, along the northez~y line o£ said Lot ~, 82.61 ft.;
thence S 0° 09; 14" W, along a line that is parailel with the easter~y
lin~. .~f said Lot 1, 132$.71. ft. to a point ~~. the southerly iine of said
Lot 1; thence S 87 ° l.3' 42" E, along said southerly line, 82.2~ ft. to
the SE corner of said Lot 7.; thence N 0° 09' ~~" E, along the
westerly lin~ of said Lot 1, 1323.50 ft. to the point of beginni.ng.
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Exc~pting ~herefrom that portion of the lands of Robert Conway,
being a portion of the NW 1/4 af the NW 1/4 of Seetion 6, T21N,
R4E, NIDM, as shown on that certain Record of Surv~y for Robert
Canway, filed in the Office of the Recarder of the County o£ Butte,
State of California, on November 22, 1985, under Book 101. o£
Record of Surveys at Page 9, more paz~ticulaar~y descz~ibed as fallows:
Beginning at the NW corner o£ said Sec~ion 6; thence N$9 ° 2$' 22"
E, along the northerly boundary of said Section b, Sb8.88 ft. to a
point on the westerly 40 fao~ right-of-way of Pentz-Magalia Highway
as shown on sa,id Record of Survey, sazd point also being on a non-
tangent 5040 foot radius curve, conca~e easterly, whose radial line
bears N 84 ° QS' 57" E; thence southexiy along the a.zc of said curve
through a centz~a~ angle of 3° 32' 13", a length of 311.12 ft.; thence
S 9° 23' 16" E, 303.00 ft. to the tz~ue point of beginning of the
herein described parcel of la,nd; thence continuing along the saad
westeriy right-of-way of said Pentz-Magalia, Highway, S 9° 23' lb" E,
66b.42 ft to the b~ginni.ng of a tangent 2040 foot radius curve,
concav~ ~asterly; thence sou~herly along the arc of said curve through
a central angle of 8° 45' 39" a length of 311.93 ft. to a point whose
zadial line bea.~rs N 71 ° 51' 45" W, said point aIso being the SE
cozner of the said lands of Robert Conway of said Section 6; thence
S 89 ° 2$' 22" W along the southerly line af said lands, 413.34 ft.;
thence N 05 ° 15' 26" W, 915.55 ft.; thence N 77 ° I6' 39" E, 171.02
ft.; thence N$4 ° 20' 34" E, 148.24 ~t. to a point on the westerly
right-o~ way of said Pentz-Magalia Highway ar~d the point of
beginning.
SEC'TZON 2. '~'~a.e use and development of said property zaned
"PUD° sha11 be in accord with the development plan submitted by the applicant,
as conditioned and incorporated herein by refezence. Condi~ians of approval are
as shown on a memo to the Board of Supervisors August 31, 1993. ~aid
conditioned development Plan collectively consxsts o~ the following docurr~ents:
(a} Development Plan (showing ~he ~ocation of lots, streets,
str~ctur~ foatprints and other major feafiares of the project}.
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{b} Sanitary sewag~ dispnsal area.
SECZ'~ON 3. Noiwithstanding the provisions of Cha~ater 24-12b of
tY~e Butte County Code the conditions of approval as approved on this day shall
go~ern t~e use and development o£ said property.
SEC'I`~ON 4. In the even~ the lots are o~£ered for sa.le, the
developer shall establish a property owner's association to ~e responsible for the
main~enance and upkeep of the utilities, rnads, landscaping, and all other prope~rty
owned in co~non. The deve~oper shall assume responsibility for the unsold,
remain.~ng memb~rships un~ such time as the property owner's associatian can
reasonably assume the financial responsibilities for the maintenance and upkeep
of the utilities, roads, a.nd all other reai property owned in eommon. Ta ensure
that the property owner's association is adequately formed to meet these
aresponsibilities, the develQper s~all submit copies af said homeowners association
agreement ~o the Butte County Department of Developrrient Services, Planning
Dxvision, for r~view a,nd approva.~ prior to the recordation o£ any subsequent map
authorizing the sale o£ any real property in conjunction with this de~elopment.
SECTION S. This ~rdinance shall be and it is hereby declared ta
be in fiill ~orce and effect from and after thirty (30) days after tY~e dat~ of its
passage, and before the e~ixation of fifteen (15) days after its passage, tY115
Qrdinance shall be publisY~ed once with the names of the members of the Board
of Supervisors voti.ng for and against it in the Paxadise Post, a newspaper
published in the County of Butte, State of California.
PASSED AND ADOP'I`ED by the Board o~ Sup~rvisors of the
County af Butte, State o£ Califomia, on the 28th day of September, ~993, by the
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following vote:
AYES: ~uPerv'isors Me}~er, Dolan, McLaughlin, ~homas and Chair Houx
NOES: None
ABSENT: None
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N~T VOTING: None ~
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Y NE HOUX, C MAN
Butte County Board of Supervisars
ATTEST: JOHN S. BLACKLOCK, C~ief Admixustratzve
Officez and Cl~rk of the Saard
By ~ ~