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HomeMy WebLinkAbout3760ORDINANCE NO. s ~ 6 a 1 2 3 4 5 6 7 8 9 10 11 12 13 I4 15 16 I 17 18 ].9 20 21 22 23 24 25 26 AN ORDINANCE ZONING A PORTION OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, AN FR-20 (FOOTHILL RECREATIONAL - 20 ACRE PARCELS} 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 situated 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 area shall be subject to the restrictions and restricted uses and regulations pursuant to Butte County Code Section 24-110 through 24-110.10. Said area so zoned being located in the unincorporated area of Butte County, Pazadise area, more particularly described as follows: Being the property shown in the Record of Survey in Section 2, T. 21 N. R. 3 E., MDB&M, Butte County, California, Recorded 19 November 1992 at 8:01 AM in Book 127 of Maps at Page 69. Containing 209 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 Cade 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. xi 2 3 4 5 6 7 8 s 10 I?. 12 13 14 15 16 1'7 18 19 20 21 22 23 24 25 26 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 Paradise Post, 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 28th day of August , 2401, by the following vote: AYES: Supervisors Beeler, Dolan, Roux, Yamaguchi and Chair Josiassen NOES: None ABSENT: None NOT VOTING: None CUR JOSIASSEN, CHAIRMAN County Board of Supervisors ATTEST: JOHN S. BLACKLOCK, Chief Administrative Officer and Clerk of the Board ,~ EXHIBIT "A" Recording Requested By County of Butte And When Recorded Return to Clerk of the Boazd of Supervisors 25 County Center Drive Oroville, CA 95955 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT made this day of , 2401, by and between Kimberly Jensen, a single woman, and Rick E. Scott, a single man, as Joint Tenants, 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 the property shown in the Record of Survey in Section 2, T. 2l N. R. 3 E., MDB&M, Butte County, California, Recorded 19 November 1992 at 8:01 AM in Book 127 of Maps at Page 69. Containing 209 acres, more or less. WHEREAS, the Property is now zoned FR-40 (Foothill Recreational - 40 acre parcels) and is designated as Agricultural Residential 1 to 44 by the General Plan.; and WHEREAS, Owner has applied for a reclassification of zaning 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 (Foothill Recreational - 20 acre parcels) is being granted and will be enacted by ordinance, the said reclassification shall be subject to the following conditions: 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. If, during the course of construction of roads or buildings, any evidence of an archeological find is made, all construction affecting the find are to be discontinued until a final determination is made, and plan adapted (regarding the disposition of the find). B. Any subdivision of this property shall conform to Butte County Environmental Health Department requirements for septic systems. This may reduce the number of building lots to less than that permitted by the zoning. C. Dwellings shall be placed no closer than 30 feet to the main toe ofthe face of the east cliff. D. Roofing material for all dwellings shall be of anon-combustible material. 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 . III. 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. 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 WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. Dated: Kimberly Jensen, a single woman, and Rick E. Scott, Owner By Kimberly Jensen By Rick E. Scott COUNTY OF BUTTE, a politics! subdivision of the State of California Dated: [Attach Notary form] By Curt Josisssen, Chair Butte County Board of Supervisors K:1PR07ECTSIREZ13eitsen~ZnAgrmi.wpd