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HomeMy WebLinkAbout3632ORDINANCE NO. 3632 AN ORDINANCE ZONING A PORTION OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, AN C-2 (GENERAL COMMERCIAL) DISTRICT, PURSUANT TO SECTION 24-25.40. 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 16 i 1'7 I! 18 19 20 21 .................. 22 23 24 2S 26 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 California, shall be and it is hereby zoned as an C-2 (General Commercial) District, and such area shall be subject to the restrictions and restricted uses and regulations pursuant to Butte County Code Section 24-145. Said area so zoned being located in the unincorporated area of Butte County, Chico area, maze particularly described as follows: Lots 5 and 6 as shown on that certain map entitled, "Map of the Nursery Tract", which map was recorded in the office of the recorder of the County of Butte, State of California, on October 13, 1904, in Book 4 of Maps, at Page(s) 26. Assessor Parcel Number: 043-190-010 & 043-190-011, containing 3.b6-acres, more or less. 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 Owners} of the property and by the County. Said Agreement shall be in substantially the farm 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ].7 is 19 20 21 22 ~' 23 24 25 26 SECTION 3. This Ordinance shall be and it is hereby declared to be in fu11 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 California, on the I2th day of September by the following vote: AYES: Supervisors Beeler, Houx, .losiassen, Davis, and Chair Dolan NOES: None ABSENT: None NOT VOTING: None ~, (~ DOLA1~, CHAIR County Board of Supervisors ATTEST: 70HN S. BLACKLOCK, ie Administrative Officer and Clerk of the Board Depu , 2000, K:IPROJECT51REZ1RQBERTS.REZIORDINANC. WPD Pursuant to Government Code Section 25124 (c}; Publication date -November 4, 2000 Bffective date -- December 4, 2000 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 Blaine Roberts, herein called "Owner", and the COUNTY OF BUTTE, a political 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: Lots 5 and 6 as shown an that certain map entitled, "Map of the Nursery Tract", which map was recorded in the office of the recorder of the County of Butte, State of California, on October 13, 1904, in Book 4 of Maps, at Page(s) 26. WHEREAS, the Property is now zoned C-1 (Light Commercial); and WHEREAS, Owner has applied for a reclassification of zoning of the Property from its present classification to C-2 {General Commercial); 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 YS MUTUALLY UNDERSTOOD AND AGREED that inasmuch as the reclassification to C-2 is being granted and will be enacted by Ordinance 3632, the said reclassification shall be subject to the following condition(s): 1. This Conditional Zoning Agreement is made pursuant to Butte County Code Section 24-25.40 {c}, between the property owner and County of Butte, and includes _~he #'oliowng provisions; A. The uses permitted within this C-2 zone shall not include the following uses described under Butte County Code Section 24-145 {a){2): Bars and cocktail lounges, billiard parlors and pool halls, dance halls, massage parlors, hotels & motels, auto carwashes and restaurants with drive-through facilities. B. The setback along the south property line shall be 5 feet. Landscaping shall be planted along this area sufficient to screen the building, prior to Certificate of Occupancy. C. All dumpsters and trash receptacles shall be screened from view with an enclosure. D. The parking area and property shall be landscaped in accordance with Butte County Code Section 24-240.10, which requires that 5 percent of the gross lot area be devoted to landscaping. That landscaping devoted to the 5 foot setback described in item B. above shall not be included towards this amount. E. All uses shall take place within buildings. F. If the use of the adjacent properties north and south of the property covered by this rezone are established with uses under C-1 (Light Commercial} zoning, Condition A and E. of this Conditional Zoning Agreement shall no longer apply. G. All landscaping shall be kept in a healthy, thriving and neat condition for the life of the proposed use. 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 or successor at the address of the then current owner as identified on the current tax roll. 4. In the event suit is brought by the County Counsel of County to enforce any of the provisions of this Agreement, 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 r-un 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 'WYTNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. Dated: Blaine Roberts, 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] K:lYR01ECTS1REZIRQB~RTS.R621AGREEMEN. WPD ", CQPY of Document Recorded ' 27-0 2000 2000-0041603 Has not been compared Frith original Recording Requested By BUTTE COUNTY REC[IRDER County of Butte And When Recorded Retarn to Clerk of the Board of Supervisors 25 County Center Drive Oroville, CA 95965 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT made this 12 day of S eptembg~000, by and between Blaine Roberts, herein called "Owner", and the COUNTY OF BUTTE, a political 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 Gounty of Butte, which Property is described as follows: Lots 5 and 6 as shown on that certain map entitled, "Map of the Nursery Tract", which map was recorded in the office of the recorder of the County of Butte, State of California, on October 13, 1904, in Book 4 of Maps, at Page(s) 26. WHEREAS, the Property is now zoned C-1 (Light Commercial); and WHEREAS, Owner has applied for a reclassification of zoning of the Property from its present classification to C-2 {General Commercial); 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 C-2 is being granted and will be enacted by Ordinance 3632, the said reclassification shall be subject to the following condition(s): 1. This Conditional Zoning Agreement is made pursuant to Butte County Code Section 24-25.40 (c}, between the property owner and County of Butte, and includes he following provisions: A. The uses permitted within this C-2 zone shall not include the following uses described under Butte County Code Section 24-145 (a)(2): Bars and cocktail Iounges, billiard parlors and pool halls, dance halls, massage pazlors, hotels & motels, auto carwashes and restaurants with drive-through facilities. B. The setback along the south property line shall be 5 feet. Landscaping shall be planted along this area sufficient to screen the building, prior to Certificate of Occupancy. C. All dumpsters and trash receptacles shall be screened from view with an enclosure. D. The parking area and properly shall be landscaped in accordance with Butte County Code Section 24-244.10, which requiures that 5 percent of the gross lot azea be devoted to landscaping. That landscaping devoted to the 5 foot setback described in item B. above shall not be included towards this amount. E. All uses shall take place within buildings. F. Tf the use of the adjacent properties north and south of the property covered by this rezone are established with uses under C-1 {Light Commercial) zoning, Condition . A and E. of this Conditional Zoning Agreement shall no longer apply. G. All landscaping shall be kept in a healthy, thriving acid neat condition for the life of the proposed use. 2. Tn 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 Boazd 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 or successor at the address of the then current owner as identified on fhe current tax roll. 4. In the event suit is brought by the County Counsel of County to enforce any of the provisions of this Agreement, 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 the day and year first above written. ~ Dated: ~ ~ Op ~ ~. aine Roberts, Owner COUNTY OF BUTTE, a political subdivision of the State of California Dated: OCT ~ 4 200 By SEP 1 2 2000 [Attach Notary farm] Dolan, Chair County Board of Supervisors K:IPROJECT51REZ1ItOBER7'S.REZIAGREEH~f EN. WPD CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California S5. County of On a~befare me, ~~~!I.~o~ ~i !~`I~ZGf/C~'~G~[ ~.~ Date ~~r~ ~ ~~ ~Na~e~and T f O er (e.g.,'Jane Do , otary Public ) personally appeared ~J' ~ . ~%8'O~itc3 --- , Name{s) OF Signer{s) ~ personally known to me Loved to me on the basis of satisfactory evidence PAMELA JOY MOODY Cartesian # i?S947Z ~ ~~ ~ luri-Carrkn-dies I1R~,~4 Alace Notary Seal Above oPrronraL Though the information belay7r is not required bylaw, it may prove valuable to persons relying an the document and could prevent fraudulent remava! and reattachment of this form to another document. to be the person whose name islafie- subscribed to the within instrument and acknowledged to me that hels#~eftheq executed the same in hisl#e~t#eir authorized capacity(i~s`j, and that by hislfe~ifi-- signature,{~} on the instrument the person}, or the entity upon behalf of which the person{~ acted, exec//ut~~ed the instrument. WITNES~m~/hand anttaf~ial seal. Signal a Noi~fv PGhliz Description of Attache+ Title ar Type of Document: Document Date: [f~ r~d~-d-C~ lam, d~~~7J Number of Pages: U /~_ Signer(s) Other Than Named Above: ~? ~ Capacity(ies} Clai ed by Signer Signer's Name: __ __ ^ Individual ^ Corporate Officer --- Ttie(s): ^ Par#ner-^ Limited ^ General © Attorney in Fact _^..Trustes .. © Guardian or Conservator ^ Other: Signer Is Representing: O 7999 Natiwia[ Nalary Assodalan •9350 De Soto Ave., P.O. Box 2402 • ChaLrnorth, CA 91313-2402 • wxw.n811onaIrlOlBry.ortJ Prod. No. 5967 ReoNer. Call Tot}Free 1,BW~97fi-6627 State of California County of Butte On . _ __October 24, 2000 before me, Marian. A. _Ree_ves Notary__Public Name and Title of Officer (e.g., •Jane Doe, Notary Public) personally appeared .cane Dolan Name(s) at Signer(s) ® personally known to me ^ proved to rrie on the basis of satisfactory evidence to be the person~,~,whose name{~is1~Ye~subscribed to the within instrument and acknowledge to me that ~shel~ executed the same in f-ierlth~ authorized capacity{ and that by }~'slher Its-signature(,~on the instrument the person~}.f or the entity upon behalf of which the person(~acted, executed the instrument. WITNESS my hand and official seal. MAi~iON A REEVES r Commission ~ 1 171384(} ~ Z z r,~ !Votary Public - Califnmin ~ ~ Suite County My Comrii. ~g3ires Jan 24, 20Q2 -:. Title of Document: Conditions! Zoning Agreement -Blaine Roberts Date of Document: September ~ 2, 2000 Number of Pages: 3 plus 2 notary pages