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Home My WebLink About3593ORDINANCE NO. 3593 AN ORDINANCE ZONING A PORTION OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, AN FR-20 (FOOTHILL RECREATIONAL) DISTRICT, PURSUANT TO SECTION 24-25.40. 1 2 3 4 5 6' 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 28 The Board of Supezvisozs of the County of Butte, State of California, undez 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 California, shall be and it is hereby zoned as an FR-20 (Foothill Recreational - 20 acre parcels) District, and such azea shall be subject to the zestrictions and zestzicted uses and regulations pursuant to Butte County Code Section 24-110. Said area so zoned being located in the unincorporated area of Butte County, Chico area, more particularly described as follows: The southeast quarter of the southeast quarter of Section 23, T23N, R1E, MDB&M. Assessor Parcel Number: 047-230-042, containing 40-acres, more or less The southwest quarter of the southeast quarter of Section 23, T23N, R1E, MDB&M. Assessor Parcel Number: 047-230-042, containing 40-acres, more or less Parcel 17 as shown on that certain map filed for record in Baok 63 of Parcel Maps, at Page $3 in the office of the Butte County Recorder. Assessor Parcel Number: 047-280-065, containing 51.55-acres, mare or less. Parcel 16 as shown on that certain map filed for record in Baok 63 of Parcel Maps, at Page $3 in the office of the Butte County Recorder. Assessor Parcel Number: 447-2$0-064, containing 46.18-acres, mare or less. 1 2 3 4 5 6 T' 8' 9' ZO 1~. 12 13 I4 i~ ~6 17 18' 19 2a I 2]. 22 23 24 2~ 26 SECTION 2, Conditional Zoning. The zoning reclassification enacted by this ordinance is subject to condition{s} imposed pursuant to Butte County Code Section 24- 25.40, subsections (c) and (d). The conditions are as specified in a Conditional Zoning Agreement to be signed by the Owner{s) of the property and by the County. Said Agreement shall be in substantially the form attached hereto as Exhibit A. The description of the property which is the subject of this rezoning shall be the same in the Agreement as set forth in Section I above. The Chairman of the Board of Supervisors is authorized and directed to sign the Agreement on behalf of the County of Butte. SECTION 3. 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 of the members of the 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 Califomia, on the 14th day of March , 2000, by the following vote: AYES: Supervisors Beeler, Houx, ~osiassen, Davis, and Chair Dolan NOES: None ABSENT: None NOT VOTING: None „ ~ DOLAN, CHAIR County Board of Supervisors 1 2 3 4 5' 6 7 8 s to lz 12 13 ~.4 15 16 17 18 19 20 21 22 23 24 25 26 ATTEST: JOHN S. BLACKLOCK, Chief Administrative Officer and Clerk of the Board Deputy ExxrBZT A Recording Requested By County of Butte And When Recorded Return to Clerk of the Board of Supervisors 25 County Center Drive Oroville, CA 95965 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT made this day of , 2000, by and between Gerald Ernst and Dale W. Ritter, herein called "Owner", and the COUNTY OF BUTTE, apolitical subdivision of the State of California, herein called "County". WITNESSETH WHEREAS, Owner is the owner of real property, herein called the "Property", situated in the County of Butte, which Property is described as follows: The southeast quarter of the southeast quarter of Section 23, T23N, R1E, MDB&M. Assessor Parcel Number: 047-230-042, containing 40-acres, more or less The southwest quarter of the southeast quarter of Section 23, T23N, R1E, MDB&M. Assessor Parcel Number: 047-230-042, containing 40-acres, more or less Parcel 17 as shown on that certain map filed far record in Book 63 of Parcel Maps, at Page 83 in the office of the Butte County Recorder. Assessor Parcel Number: 047-280-065, containing 51.55-acres, more or less. Parcel 16 as shown on that certain map filed for record in Book 63 of Parcel Maps, at Page 83 in the office of the Butte County Recorder. Assessor Parcel Number: 047-2$0-064, containing 46.1$-acres, more or Less. ' WHEREAS, the Property is now zoned FR-40 (Foothill Recreational - 40 acre parcels}; and WHEREAS, Owner has applied far a reclassification of zoning of the Property from its present classification to FR-20 {Foothill Recreational - 20 acre parcels); 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, the Board has 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 IS MUTUALLY UNDERSTOOD AND AGREED that inasmuch as the reclassification to FR-20 is being granted and will be enacted by ordinance, the said reclassification shall be subject to the following condition(s): 1. Any project proposing to subdivide or develop the property subject to this rezone shall demonstrate one of the following requirements to the Butte County Environmental Health Department in order to demonstrate on-site sewage capability as part of the application for a tentative parcel map or tentative subdivision map: a. Meet usable area requirements for an-site sewage disposal systems promulgated in the County Subdivision Improvement Standards, Appendix VII. b. Any proposal for an alternative sewage disposal system due to the lack of usable area for conventional on-site sewage disposal shall require a maintenance and oversight entity with approval and permit issuance by the Regional Water Quality Control Board. Each proposal will be evaluated by the Butte County Environmental Health Department on a case by case basis. 2. In the event Owner, any successor in interest of Owner, or any person in possession of the Property, violates or fails to perform any of the conditions of this Agreement within thirty (30) days after notice thereof as provided in Paragraph 3, the Board of Supervisors of County may instruct the County Counsel to institute legal proceedings to enforce the provisions of this Agreement. The Board of Supervisors of County may also initiate proceedings to rezone the property to the classification to which it is now zoned or any other suitable classification. 3. Notice of violation of any of the provisions of this Agreement shall be sent to Owner ar successor at the address of the then current owner as identified on the current tax roll. 4. Tn the event suit is brought by the County Counsel of County to enforce any of the provisions of this Agreexent, Owner agrees to pay to County a reasonable sum to be fixed by the Court as attorney's fees. 5. Each and every one of the provisions of this Agreement herein contained shall run with the land and shall bind and inure to the benefit of the successors in interest of Owner and County, in the same manner as if they had been expressly named herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. Dated: Dated: Gerald Ernst, Owner Dale W. Ritter, Owner COUNTY OF BUTTE, a political subdivision of the State of California Dated: By Jane Dolan, Chair Butte County Board of Supervisors [Attach Notary form] {g;lcontractlconditio.agr)