HomeMy WebLinkAbout3725ORDINANCE NO. 3725
AN ORDINANCE AMENDING THE NORTH CHICO SPECIFIC PLAN
The Board ofi Supervisors of the County of Butte, State of California,
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under and pursuant to Section 24-25.40 of the Butte County Code, 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 SR-1 {Suburban
Residential -1 acre parcels} District, and such area shall be subject to the
restrictions and restricted uses and regulations pursuant to Butte County Cade
Section 24-135 through 24-135.10, as amended by the North Chico Specific Plan.
Said area so zoned being [ocated in the unincorporated area of Butte
County, Chico area, more particularly described as follows:
All that portion of the NE 114 of Section 32, T23N, R1 E, MDM, more
particularly described as follows:.
Commencing at the NE corner of the Holmes Tract, which is marked
by a railroad spike at the intersection of the centerlines of Keefer
Road and Garner Lane; thence S 0° 00' 00" E along the centerline of
Garner Lane a distance of 2641.58 ft.; thence N 90° 00' 00" E, 30.00
ft. to the point of beginning; thence N 90° 00' 00" E, 466.69 ft.; thence
S 0° 00' 00" E, 466.69 ft.; thence N 90° 00' 00" W, 466.69 ft. to the E
edge of Garner Lane; thence N 0° 00' 00" E, 46fi.69 ft. to the point of
beginning.
Containing 5.D0 acres, more or less.
SECTION 2. The hereinafter described area situate in the County of
Butte, State of Califiornia, shall be and it is hereby zoned as an P-Q (Public -Quasi
Public} District, and such area shall be subject to the restrictions and restricted uses
and regulations pursuant to Butte County Code Section 24-215.
Said area so zoned being located in the unincorporated area of Butte
County, Chico area, mare particularly described as follows:
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All that portion of the NE 114 of Section 32, T23N, R1 E, MDM, more
particularly described as follows:
Commencing at the NE corner of the Holmes Tract, which is marked
by a railroad spike at the intersection of the centerlines of Keefer
Road and Garner Lane; thence S 0° 00' 00" E along the centerline of
Garner Lane a distance of 4333.18 ft. to the centerline of Keefer
Slough; thence S 68° 49' 20" E, 208.63 ft. along the centerline of
Keefer Slough to the point of beginning; thence continuing along the
centerline of Keefer Slough for the next 5 courses; 1. S 68° 49' 20"
E, 36.37 ft.; 2. N 49° 28' 20" E, 376.65 ft.; 3. S 59° 41' 30" E, 228.00
ft.; 4. N 47° 34' S0" E, 499.00 ft.; 5. S 76° 20' 35" E, 177.84 ft. to a
point on the westerly boundary of the parcel of land described in the
document recorded in Book 1375, Page 140 of Official Records;
thence N 0° 01' 53" W along said westerly boundary a distance of
415.62 ft. to a 314" iron pipe tagged "LS 5616" marking a point on the
southerly boundary of Guntren Road as it is shown on the map filed
in Book 138 of Maps, Page 35; thence along the southerly boundary
of the proposed extension of Guntren Road the following 5 courses:
1. Along a curve to the left whose radius point bears S 0° 01' 53" E,
170.00 ft., said curve having a central angle of 44° 58' 07", a radius
of 170.00 ft., and a length of 133.42 ft.; 2. S 45° 00' 00" W, 400.00
ft.; 3. Along a tangent curve to the right, said curve having a central
angle of 35° 00' 00', a radius of 230.00 ft., and a length of 140.50 ft.;
4. S 80° 00' 00" W, 500.00 ft., 5. Along a tangent curve to the right,
said curve having a central angle of 10° 00' 00', a radius of 230.00 ft.,
and a length of 40.14 ft.; thence S 0° 00'00' E, 339.96 ft. to the point
of beginning.
Containing 6.71 acres more or less.
SECTION 3. 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
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Board of Supervisors is authorized and directed to sign the Agreement on behalf of
the County of Butte.
SECTION 4. 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 California, on the za day of May , 2001, by the following
vote:
AYES: Supervisors Beeler, Houx, Yamaguchi and Chair Josiassen
NOES: Supervisor Dolan
ABSENT: None
NOT VOTING: None
CUR JOSIASSEN, CHAIRMAN
County Board of Supervisors
ATTEST: JOHN S. BLACKLOCK, Chief Administrative
Officer and Cleric of the Board
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
Stephen J. Schuster, 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:
All that portion of the NE 114 of Section 32, T23N, R1 E, MDM, more particularly
described as follows:
Commencing at the NE corner of the Holmes Tract, which is marked
by a railroad spike at the intersection of the centerlines of Keefer
Road and Garner Lane; thence S 0° 00' 00" E along the centerline of
Garner Lane a distance of 4333.18 ft. to the centerline of Keefer
Slough; thence S fi8° 49' 20" E, 208.63 ft. along the centerline of
Keefer Slough to the point of beginning; thence continuing along the
centerline of Keefer Slough for the next 5 courses; 1. S 68° 49' 20"
E, 36.37 ft.; 2. N 49° 28' 20" E, 37fi.fi5 ft.; 3. S 59° 41' 30" E, 228.00
ft.; 4. N 47° 34' S0" E, 499.00 ft.; 5. S 7fi° 20' 35" E, 177.84 ft. to a
point on the westerly boundary of the parcel of land described in the
document recorded in Book 1375, Page 140 of Qfficial Records;
thence N 0° 01' 53" W along said westerly boundary a distance of
415.62 ft. to a 314" iron pipe tagged "LS 5616" marking a point on the
southerly boundary of Guntren Road as it is shown on the map filed
in Book 138 of Maps, Page 35; thence along the southerly boundary
of the proposed extension of Guntren Road the following 5 courses:
1. Along a curve to the left whose radius point bears S 0° 01' S3" E,
170.00 ft., said curve having a central angle of 44° 58' 07", a radius
of 170A0 ft., and a length of 133.42 ft.; 2. S 45° 00' 00" W, 400.00
ft.; 3. Along a tangent curve to the right, said curve having a central
angle of 35° 00' 00', a radius of 230.00 ft., and a length of 140.50 ft.;
4. S 80° 00' 00" W, 500.00 ft., 5. Along a tangent curve to the right,
said curve having a central angle of 10° 00' 00', a radius of 230.00 ft.,
and a length of 40.14 ft.; thence S 0° 00'00' E, 339.9fi ft. to the point
of beginning.
Containing 6.71 acres more or less.
WHEREAS, the Property is now zoned SR-1 (Suburban Residential, 1-acre
parcels) and O (Open Space) and is designated as Agricultural Residential and Open Space
by the Butte County General Plan and North Chico Specific Plan; and
WHEREAS, Owner has applied for a reclassification of zoning of the
Property from its present classification to P-Q (Public, Quasi-Public) and for a re-designation
from its present General Plan designation to Public; 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, IT IS MUTUALLY UNDERSTOOD AND
AGREED that inasmuch as the reclassification to P-Q (Public, Quasi-Public) and General
Plan re-designation to Public 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. At the time of conveyance of any deed dedicating or transferring the property zoned
P-Q (Public Quasi-Public) to a public entity, a 100 foot no-development setback
easement shall be executed, which shall prohibit any development activities within
a 100 foot linear area measured from the top of the bank of Keefer Slough. This no-
development setback is necessary to allow for the establishment of riparian
vegetation along Keefer Slough, in accordance with policies of the North Chico
Specific Plan. The no-development setback shall not prohibit conservation efforts
intended to benefit the establishment of riparian habitat or grasses along Keefer
Slough provided it is approved by the California Department of Fish & Game.
(Mitigation Measure #1)
B. In accordance with North Chico Specific Plan Policy 7.4-3, pre-construction surveys
shall be conducted by a qualified professional along Keefer Slough and vicinity to
determine if nesting/breeding activities of the black-shouldered kite are occurring.
Any portion of the subject property that lies within 300 feet of an active nest shall be
surrounded by an orange fence during construction activities. Any construction
activities planned for areas that are within 300 feet of any active nest shall be delayed
until after the young have been fledged. The survey shall take place prior to park
development. The survey and all findings shall be provided to the Planning Division.
The Planning Division shall ensure thaC compliance with any limitations on
construction activities in the vicinity of any identified kite nests. {Mitigation
Measure #2}
lI. In the event Owner, any successor in interest of Owner; or any person
izt 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 identified on the
current tax roll.
1V. 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 iand 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:
By:
Stephen J. Schuster
COUNTY OF BUTTE, a political
subdivision of the State of California
By
Curt Josiassen, Chair
Butte County Board of Supervisors