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Home My WebLink About33601 2 3 4 5 6 7 8 9 10 i1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Ordinance No. 3360 AN INTERIM ZONING ORDINANCE ADOPTED AS AN URGENCY MEASURE ESTABLISHING AN ARwI (AGRICULTURAL RESIDENTIAL, ONE ACRE MINIMUM LOT SIZE) ZONE (OUSTER LANE) , The Board of Supervisors of the County of Butte ordains asI follows: Section 1. The hereinafter described area situated in the County of Butte, State of California, shall be and is hereby zoned as an AR-1 (Agricultural Residential, One Acre Minimum Lot Size} District, and such area shall be subject to the regulations of the AR-1 Zone as set forth in Butte County Code Sections 24-95 and 24-95.10. Said area so zoned is located in the unincorporated area of the County of Butte and is described as follows: All that real property on Custer Lane in the unincorporated area of Butte County in the south Oraville area identified by Assessor Parcel Number on Exhibit A and depicted on Exhibit B, which Exhibits are attached hereto and incorporated herein by this reference. Section 2. Authori~,y, and ,E.].~.~ZLg~ This ordinance is an interim zoning ordinance adopted as an urgency measure pursuant to Butte County Code section z4-25.50 an Government Code Sections 65858 and 25123(d) to protect the public ,; safety, health and welfare by prohibiting land uses which may be in 2$ ~~ 1 1 2 3 4 S 6 7 9 10 11 12 13 l4 15 16 17 18 19 20 21 22 23 24 25 26 27 conflict with a contemplated general plan and zoning proposal which the Planning Division, Planning Commission and Board of Supervisors intend to study within a reasonable time. The Board of Supervisors hereby finds that there is a current and immediate threat to the public health, safety and welfare resulting from the approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement, for commercial or industrial uses, and that such approvals and any further introduction of commercial or industrial uses into the area would result in that threat to public health, safety and welfare, for the following reasons: 1. The area subject to this Ordinance is predominately devoted to residential use and is served by a private, narrow, unpaved, dead-end road. 2. Both past and present industrial use in the area have proved to be incompatible with the established residential use ands character of the area, and recent conflicts in the area pertaining to an industrial use have the potential to escalate into physical confrontations between property owners. 3. New industrial and commercial uses are allowable or potentially allowable in the area under the existing M-1 (Light Industrial) Zone. 4. The intrusion of any new industrial or commercial uses into the area would be likely to conflict with and be incompatible with the established residential uses due to noise, dust, bright lights, commercial truck traffic, and hours of operation that will jeopardize the residents' quiet enjoyment of 28 ~~ 2 1 2 3 4 5 6 7 S 9 la 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 their homes. Such conflicts and incompatibilities would also have the potential to escalate into physical confrontations between property owners and may adversely affect their well being. Section ~ The Board of Supervisors hereby finds that there is no possibility that the adoption of this ordinance may have a significant adverse effect on the environment because this ordinance will reduce the possibility of such effects by: limiting the range and intensity of new uses possible in the area; increasing the allowable minimum parcel sizes and thus reducing the number of new parcels which can be created by subdividing; and restricting new uses to those of a type which are more compatible with the established residential character of the area. Therefore, the adoption of this, ordinance is not a project subject to the California Environmental Quality Act. If any provision of this Ordinance or the application thereof to any person or circumstances is for any reason held to be invalid by a court of competent jurisdiction, such provision shall be deemed severable, and the invalidity thereof shall nat affect the remaining provisions or other applications of the Ordinance which can be given effect without the invalid provision or application thereof. Section 6. This Ordinance shall take effect immediately upon its passage. It shall be of no fur er orce and effect 45 days from its date of adoption unless extended following a public hearing, as provided in Butte County Code Section 24-25.50 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 lb 17 18 19 20 21' 22 23 24 25. 26 27 and Government Code Section 65858. A public hearing is hereby set for I0:1.5 a.m. on November 25, , 1997, to be held in the Board of Supervisors room, County Administration Building, 25 County Center Drive, Oroville, CA, far the purpose of considering extending this Ordinance for an additional 22 months and 15 days. The Clerk of the Board of Supervisors is authorized and directed to publish this Ordinance, before the expiration of fifteen (15} 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-Register , a newspaper of general circulation 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 1(~~h _ day of October , 1997, by the following vote: AYES: Supervisors Bee~.er, Houma, Josiassen and Chair-Davis ~ NOES : None ABSENT: Supervisor Dolan NOT VOTING : Nozze Butte County Board of Supervisors IATTEST: JOHN S. BLACKLO K, Chief Administrative Offi er and Cle k!, of the Board By (custer.ord) 28 ~~ 4 EXHIBYT A In#erin zoning AP#'s 036-291-005 036-291-007 036-291-070 036-291-010 036-291-064 036-291-065 036-291-066 036-291-057 036-291-046 036-291-045 036-291-036 036-291-068 036-291-047 036-291-048 036-291-054 036-291-055 036-291-052 036-291-040 036-291-049 036-291-D50 036-291-051 036-291-025 M-2 Ophir Road ~~ ~, ~~ ,~ ,~ >> ~~ ~~~ ~~ ~~ ~. ,~ ~, a M-2 M-4 M~1 ARMH-1 EXHIBIT'S' M-'[ 8 ~ Project Location Qdie WaY ARM H-5 RMH-5 -- ~.~: : ~- ~, 2 1f2 l BUTTE COiINTY DEVELOPMENT REVIEW COMMITTEE Applicant: Butte County Planning Division Uwner: Various Hearing Date:Septem~er 23, 1997 @ 9:00 am. Ezisting 7.ane: M-1 (Light Industrial) N Request: Rezone from M-1 to Interim AR-1 (Agricultural Residential, 1 sere mitii~aum. No Scale Assessor Parcel No: File: