HomeMy WebLinkAbout3724ORDINANCE NO. 3724
AN ORDINANCE ZONING A PORTION OF THE COUNTY OF
BUTTE, STATE OF CALIFORNIA, AN C-1 (LIGHT COMMERCIAL)
DISTRICT, PURSUANT TO SECTION 24-25.40.
~ The Board of Supervisors of the County of Butte, State of California,
2 under and pursuant to Section 24-25.40 of the Butte County Code of said County,
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ORDAINS, as follows:
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SECTION I. The hereinafter described area situate in the County of
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s Butte, State of California, shall be and it is hereby zoned as an C-1 (Light
q Commercial) District, and such area shall be subject to the restrictions and
8 restricted uses and regulations pursuant to Butte County Cade Section 24-140.
9 Said area so zoned being located in the unincorporated area of Butte
~~ County, Oroville area, more particularly described as follows:
Z1
Being a portion of Parcel 2, as shown on that certain parcel map for
12 Thomas A. Poole and Manuela G. Poole, which map was recorded in
the Office of the Recorder of the County of Butte, State of California,
13 on April 30, 1990 in Book 119 of Maps, at pages 28, 29, and 30,
I4 located in the NW 114 of Section 34, T19N, R4E, MDB&M, in the
County of Butte, State of California, being more particularly described
~~ as follows:
16 Beginning at the NW corner of said Parcel 2, said paint also being the
centerline of Alverda Drive; thence S 09° 38' 12" E a distance of
~7 371.41 ft., along the westerly line of said Parcel 2; thence N $9° 57'
~$ 33" E a distance of 127.9fi ft., leaving said westerly line of said Parcel
2; thence S 00° 02' 27" E a distance of 65.00 ft.; thence N 89° 57` 33"
~g E a distance of 295.00 ft.; thence N 00° 02' 27" W a distance of 65.00
ft.; thence N 89° 57` 33" E a distance of 138.00 ft.; thence N 00° 02'
20 27" W a distance of 119.67 ft.; thence N 89° 57' 33" E a distance of
65.00 ft.; thence N 00° 02' 27" W a distance of 212.67 ft. more or less
2z to a point on the northerly line of said Parcel 2 and the centerline of
22 Alverda Drive; thence N 88° 23' 15" W a distance of 304.97 ft. along
said northerly line and the centerline of Alverda Drive to the beginning
23 of a 5000 foot radius curve concave northerly; thence along said 5000
foot radius curve to the right, for an arc length of 299.47 ft. through a
24 central angle of 03° 25' S4"; thence N 84° 57' 21 " W a distance of
25 84.45 ft. more or less to the point of beginning and the end of said
description.
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Containing 5.45 acres, more or less.
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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 sha[1 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 Oroville Mercury, 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 2znd day of MaY , 2001, by the
following vote:
AYES: Supervisors Beeler, Houx, Yamaguchi and Chair Josiassen
NOES: Supervisor Dolan
ABSENT: None
NOT VOTING: None
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U JOSIASSEN, CHAIRMAN
County Board of Supervisors
ATTEST: JOHN S. BLACKLOCK, Chief Administrative
Officer and Clerk of the Board
K
By
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 , 2001, by and between
Mooretown Rancheria Concow Maidu, a federally recognized sovereign Indian tribe, 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:
Being a portion of Parcel 2, as shown on that certain parcel map for Thomas A. Poole
and Manuela G. Poole, which map was recorded in the Office of the Recorder of the
County of Butte, State of California, on April 30, 1990 in Book 119 of Maps, at
pages 28, 29, and 30, located in the NW 114 of Section 34, T19N, R4E, MDB&M,
in the County of Butte, State of California, being more particularly described as
follows:
Beginning at the NW corner of sand Parcel 2, said paint also being the centerline of
Alverda Drive; thence S 09° 38' 12" E a distance of 371.41 ft., along the westerly line
of said Parcel 2; thence N 89° 57' 33" E a distance of 127.96 ft., leaving said westerly
line of said Parcel 2; thence S 00° 02' 27" E a distance of 65.00 ft.; thence N 89° 57'
33" E a distance of 295.00 ft.; thence N 00° 02' 27" W a distance of 65.00 ft.; thence
N 89° 5T 33" E a distance of 138.00 ft.; thence N 00° 02' 27" W a distance of 119.67
ft.; thence N 89° 5T 33" E a distance of 65.00 ft,; thence N-00° 02' 27" W a.distance......
of 212.b7 ft. more or less to a point on the northerly line of said Parcel 2 and the
centerline of Alverda Drive; thence N 88° 23' 15" W a distance of 304.97 ft. along
said northerly line and the centerline of Alverda Drive to the beginning of a 5000 foot
radius curve concave northerly; thence along said 5000 foot radius curve to the right,
for an arc length of 299.47 ft. through a central angle of 03° 25' S4"; thence N 84° 57'
21" W a distance of 84.45 ft. more or less to the point of beginning and the end of
said description.
Containing 5.45 acres, more or less.
WHEREAS, the Property is now zoned AR (Agricultural Residential) and
is designated as Low Density Residential by the Butte County General Plan; and
WHEREAS, Owner has applied for a reclassifcation of zoning of the
Property from its present classification to C-1 {Light Commercial) and far a re-designation
from its present General Plan designation to 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 and General Plan re-designation 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, TT YS MUTUALLY UNDERSTOOD AND
AGREED that inasmuch as the reclassification to C-1 and General Plan re-designation to
Commercial is being granted and will be enacted by ordinance and resolution, respectively,
the said reclassification and redesignation shall be subject to the following condition(s):
I. This Agreement is made pursuant to Butte County Code Section 24-25.40
(c), between the property owner and County of Butte, and 'includes the following provisions:
A. This G 1 (Light Commercial) zone shall be limited to use as a parking lot for the
Mooretown Rancheria's Feather Falls Casino complex, which lot shall be constructed
in accordance with the plan attached as Exhibit `°A", and incorporated herein by this
reference.
B. In order to reduce the impact of light and glare on surrounding properties, all external
lighting shall be directed downward and shall be contained within the parking Iot
boundaries. Light pole heights shall not exceed the mature height of the trees that are
to be planted in the parking lot area. (Mitigation Measure #1 }
C. In order to soften the visual impact of the paved area, and to reduce heat gain on the
paved surface, the applicant shall provide a Landscaping Plan, conforming to the
below list of requirements. This mitigation shall be incorporated by reference into
this Agreement (Mitigation Measure #2}:
In accordance with Butte County Cade Section 24-240.10 {e}, a total of 5
percent of the gross parking lot area {11,935 square feet) shall be devoted to
landscaping. Each planter area shall be surrounded with asix-inch raised
concrete curbing, or equivalent.
2. The parking lot shall be planted with trees of not less than 15 gallon size to
reduce heat gain from the paved surface and to soften the visual impact of the
paved area. Trees shall be planted and maintained in planters or landscaped
areas so that at tree maturity, 15 years from the date of this Agreement, at
least 50 percent of the total paving area, not including driveway entrances,
shall be shaded as determined by a qualified arborist or landscape architect.
The 5 percent gross lot area landscaping requirement identified in Item C.1
may be exceeded if necessary to meet this requirement.
3. An irrigation system shall be installed in each separate planter and landscaped
area.
4. The landscape and irrigation plan, consistent with the landscaping
requirements and project site plan, shall be submitted to, and approved by,
the Planning Division prior to grading, site development and issuance of any
associated building permits.
5. All landscaped areas shall be maintained i.n a healthy and thriving conditions,
free from weeds, trash, and debris, at all times.
D. In order to avoid fugitive dust conditions, the applicant shall ensure that all road and
other construction activities taking place during site development are sufficiently
watered and/or treated with a soil palliative. These measures will be carried out to
the satisfaction of the Butte County Air Quality Management District. (Mitigation
Measure #3)
E. Due to the potential far sail displacement through erosion during construction, all
cuts and fills greater than 2-feet in height shall be stabilized with a native grass seed
mix or hydroseed application. The seed should be maintained for a period of two
years to establish stable soil conditions, and an 80 percent cover should be
established at the end of two years. The Planning Division shall ensure compliance
with this mitigation. {Mitigation Measure #4)
F. Prior to site development and issuance of any building permits, a plan for a
permanent solution for drainage shall be submitted to and approved by the
Department of Public Works. The drainage plans shall specify how drainage waters
shall be detained on-site and or conveyed to the nearest natural or publicly
maintained drainage channel or facility so that there shall be no increase in the peak
flow runoff to said channel or facility. (Mitigation Measure #5)
G. Trash receptacles shall be maintained within the parking lot at all times. The
receptacles shall be designed into the landscaping plan. The receptacles shall be
serviced by Owner on a routine basis adequate to keep the receptacles available for
trash.
II. 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 and to redesignate the property to its present General Plan
designation .
IIL 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 identif ed on the
current tax roll.
IV. 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.
V. 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 WYTNESS 'WHEREOF, the parties hereto have executed this Agreement
the day and year first above written.
Dated:
Dated:
Mooretown Rancheria Concow Maidu, Owner
By:
Shirley Prusia, Tribal Chairperson
COUNTY OF BUTTE, a political
subdivision of the State of California
By
Curt J'osiassen, Chair
Butte County Board of Supervisors
jAttach Notary form]