HomeMy WebLinkAbout3402ORDINANCE NO. s ~ a 2
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AN ORDINANCE REZONING A PORTION OF THE COUNTY OF
BUTTE, STATE OF CALIFORNIA, FROM A-40 (AGRICULTURAL) TO
ESTABLISH AN A-20 (AGRICULTURAL,) DISTRICT, PURSUANT TO
SECTION 24-25.40.
The Board of Supervisors of the County of Butte, State of California, under
and pursuant to Section 24-25.40 of the Butte County Code of said County, ORDAINS, as
follows:
SECTION 1. The hereinafter described area situate in the County of Butte,
State of Califarnia, shall be and it is hereby conditionally zaned as an A-20 (Agricultural -
20 acre parcels) District, and such area shall be subject to the restrictions and restricted uses
and regulations pursuant to Butte County Code Section 24-90 and 24-90.10, and the
Conditional Zoning Agreement attached as Exhibit 1.
Said area so zoned being located in the unincorporated area of Butte County,
Chico, more particularly described as follows:
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A11 that certain real property situate in the County of Butte, State of
California, described as follows:
Being a portion of Section 2, T22N R1E, MDB&M, more particularly
described as follows:
Beginning at the center of said Section 2 as shown on that certain Record of
Survey recorded in Boolc 133 of Maps, at Page 61; thence leaving said point
of beginning and said center of section, S 88° 36' 07" W, 1333.09 ft.; thence
N 00° 51' 42" W, 1306.42 ft.; thence N 88° 41' 44" E, 1335.48 ft.; thence N
88° 04' 49" E, 1325.78 ft.; thence S 00° 4T 23" W, 792 +/- ft. to an existing
fence line; thence following said fence line S 69° W, 165 +/- ft.; thence leaving
said fence line S 81° W, 340 +/- ft. to an existing swale; thence following said
Swale, southwesterly, 490 +l ft.; thence leaving said Swale, N 89° W, 430 +1-
ft to the N-S cernerlme of said Section 2; thence along said section centerline,
S QO° 4S' 21" E, 170 +/- ft. to the point of beginning.
Containing 70 acres, mare or less.
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SECTION 2. 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 (15) days after its passage, this
Ordinance shall be published once with the names ofthe members ofthe Board of Supervisors
voting for and against it in the Chico Enterprise Record, 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 10th day of Mach , 1998, by the
following vote:
AYES: Supervisors Feeler, Houx, Josiassen and Chair Davis
NOES: Supervisor Dolan
ABSENT: i~Tone
NOT VOTING: None
.. h
FRED C. DAMS, C
Butte County Board of Supervisors
ATTEST: JOHN S. BLACKLOCK, Chief Administrative
Officer and Clerk of the Board
By
Pursuant to Government Code
Section 25124 (c}:
Publication date - Jury 14 ~. 1998
Effective date -- August Z3., 1998
COND~T)IONAL ZONING AGREEMENT
THIS AGREEMENT made thisa~day of !I~ ~'~~• , 1998, by and between "First
Parry", as identified in item (a) of Exhibit 1 of this Agreement, and the COUNTY OF BUTTE, ~ a political
subdivision of the State of California, herein called "Second Party".
WI(TNESSETH
WHEREAS, First Party is the owner of real property, herein called the "Property", situated
in the C~~unt_y of Butte, which Property is described irr Item (e) of Exhibit I of this Agreement; and
WHEREAS, the Property is now zoned as specified in Item {b) of Exhibit l; and
WHEREAS, First Party has applied for a reclassification of zoning of the Property pursuant
to which application the Property is being reclassified from its present classification to the classification
or classifications specified in Item (c} of Exhibit l; and
WHEREAS, public hearings have been held upon said application before the Board of
Supervisors of the County of Butte, State of California, and after having considered the matter presented,
it has been determined that certain conditions to the zoning reclassification of said real property must be
imposed so as not to create any problems inimical to the health, safety and the general welfare of the
County of Butte.
NOW, THEREFORE, IT TS MUTUALLY UNDERSTOOD AND AGREED that
inasmuch as the reclassification specified in Item (c) of Exhibit 1 is being granted, the said reclassification
shall be subject to the conditions specified in the following paragraphs:
l . That Exhibit 1, as completed and attached hereto, is incorporated into and made a parC
of this Agreement with the same force and effect as if fully set forth herein.
2. Thai First Party shall comply with all the falli~wing conditirn~:
2a. As part of the Tentative Parcel Map submitted proposing to divide the subject Property,
a plan for a permanent solution for drainage shall be submitted for review and approval. The approved
drainage improvements constructed prior to recordation of the Final Parcel Map. The drainage plans shall
specify in detail how drainage waters from the drainage swale shown on the attached Exhibit "C" shall be
diverted, andlor conveyed away from the existing southerly flow direction. Said drainage waters shall be
..............directed-towards-the existing-drainage located-near-the-westerly..boundary of the project-using berms;-ditches--
and culverts, sized and located as required. The net effect of the drainage solution is to provide a minimum
10% reduction in the existing peak flow runoff from the property fora 100-year storm event.
2b. All permanent dwelling units shall be limited to conventionally built homES,
manufactured homes, or modular homes certified under the National Mobile Home Construction and Safety
Standards Act of 1974 {42 U.S. Section 5401 et sect.}. All dwelling units, but not including temporary mobile
homes under the provisions of Sections 24-295 and 24-295.10 of the Butte County Code, shall be placed on
a permanent foundation pursuant to Section 18551 of the California Health and Safety Code.
2c. All dwelling units and accessory structures, including, but not limited ta, such
structures as garages, sheds, and barns, shall be set back 300 feet from the west and southerly project
boundaries as shown an the attached Exhibit "C". Unoccupied mobile homes shall not be used for storage
purposes.
2d. All roads and driveways shall be located as shown on the attached Exhibit "C".
3. In the event First Party, any successor in interest of First Party, or any person in
possession of the property described in Item (e) of Exhibit I violates or fails to perform any of the
conditions of this Agreement within thirty {30} days after notice thereof as prodded in Paragraph 4, the
Board of Supervisors of Second Party may instruct the County Counsel of Second Party to institute legal
proceedings to enforce the provisions of this Agreement. The Board of Supervisors of Second Party may
also initiate proceedings to rezone the property to the classification specified in Item (b) of Exhibit I or any
other suitable classification.
4. Notice of violation of provisions of this Agreement shall be sent to First Party at the
address specific in Item (d) of Exhibit 1 and to the street address of the property described in Item (d) of
Exhibit 1. Any subsequent title holder, any lien holder, or party in possession of the property shall also
receive notice of such violation at an address other than as specified in Item (d} of Exhibit 1 by filing with
the Clerk of the Board of Supervisors of Second Party the address to which the notice is to be sent, with
reference to this Agreement and the Resolutiart authorizing its execution.
5. In the event suit is brought by the County Counsel of Second Party to enforce any
of the provisions of this Agreement, First Party agrees to pay to Second Party a reasonable sum to be fixed
by the Court as attorney's fees.
&. Each and every one of the provisions of this agreement herein contained shall bind
and inure to the benefit of the successor in interest of each and every party hereto, in the same manner as
if they had herein been ex.E}ressly named.
IN WICTNESS WHEREOF, the parties hereto have execute t~is A,g~r~ement the day and
year first above written.
COUNTY OF BUTTE, a political
subdivisio State of California
By
C airperson of the Board of
Supervisors MaR ~ Q ~g9$
"Second Party"
EXHIBIT X
Agreement
{a} "First Party", as used in this Agreement, includes each and all of the fallowing: Bruce Roe
(b} The property is now zoned: A-40
(c} The zoning reclassification of the property is from its present zoning to: A-20
(d} 1\?otice to First Party pursuant to Paragraph No. 4 shall be addressed to: Bruce Rae, 10 Declaration
Drive, Chico, CA 95973.
{e) "Property", as used in this Agreement, includes:
All that certain real property situate in the County of Butte, State of California, described as
follows:
Being a portion of Section 2, T2ZN RlE, MDB$cM, ix~ore particularly described as follows:
Beginning at the center of said Section 2 as shown on that certain Record of Survey recorded in
Book 133 of Maps, at Page 61; thence leaving said point of beginning and said center of section,
S 88° 36' 07" W, 1333.09 ft.; thence N 00° SI' 42" W, 1306.42 ft.; thence N 88° 41' 44" E,
1335.48 ft.; thence N 88° 04' 49" E, 1325.78 ft.; thence S 00° 47' 23" W, 792 +1- ft. to an
existing fence line; thence following said fence line S 69° W, 165 +/- ft.; thence leaving said fence
line S 81 ~ W, 340 +/- ft. to an existing Swale; thence following said Swale, southwesterly, 490 +1-
ft.; thence leaving said Swale, N 89° W, 430 +1- ft. to the N-S centerline of said Section 2; thence
along said section centerline, S 00° 4S' 21 " E, 170 +1- ft. to the point of beginning.
Containing 70 acres, more or less.
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Fidelity National Title
STATE OF CALIFORNIA
COUNTY OF f.~.."I'T'E
On 1~lAfGG~ c~3 ~ ~~ $~ , before mc," •~ b ka
i--•
personally appeared ~~O ~
pcrsonalIy knos~•n to me (or proved to me
on the basis of satisfactory e~~idence} to be the person (s) titi"hose name {s) is/are subscribed to the tivithin
instrument and acknativledged to me that helslte/thcy executed the same in Iiisllter/their authorized
capacity (ies}, and that by hislber/their signature {s) on the ins#rument the person (s) or the entity upon
behalfoftrhich the person {s) acted, executed the instrument.
ti~'ITNESS my hand and official seal.
Signature
~.., MARYANf~ ROSS D
~ COMM. ~ tl}$fins
R "'a~ !Kt)TARY Pt1B1tGCAtI~RHEA t%}
4 COl1NTy OF stm'E w
My Camm. Ezpirtu March s1, 2Ut3p
{this avca for nfricial nntasial scaly
Title of Document
U
bateafDocument.... _-..~~.......... _......... ~,~, of
Other signifures not ackna~vledged A?O ti)~
CALIFORNtARLL-PURPOSE ACKNOWLEDGMENT
State of California
County of Butte
On March 24, 1998
before me, Marion A. Reeves, Notary Public
Name and Title of Officer (e.g., 'Jane Doe, Notary Public')
personally appeared Fred C. Davis
Name(s) of Signers}
X personally known to me
^ proved to me on the basis of satisfactory evidence
to be the person whose name ~sl~ subscribed to the within
instrument and ~cKnowledge to ~ e that hel elt executed th
~Y
sa a in hislly~It it authorized capacity{' and that by hisll~
It 'signature on the instrument the person, or the entity upon
b half of which the person acted, executed the instrument.
WITNESS my hand and official seal.
nature 6f No~ry Public
~ziort A. ~~
Cammissio>'t # 1 t 70840
~ , Notra~y i'ublac - Callfomia
Butte County
Title of Document: Conditional Zoning Agreement MyGomm.E~irt~Jan24,~^OD2
Date of Document: 3123198
Number of Pages: 3 (plus Fidelity National Title Notary Page Attachment)