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HomeMy WebLinkAbout3767ORDINANCE NO. 3 7 6 7 AN ORDINANCE ZONING A PORTION OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, A C-1 (COMMERCIAL} DISTRICT, PURSUANT TO SECTION 24-25.40. 1 2 3 4 s 6 7 8 9 10 1Z 7.2 is 1.4 15 16 ~.7 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, 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 a C-1 (Light Commercial) District, and such area shall be subject to the restrictions and restricted uses and regulations pursuant to Butte County Code Section 24-.140. Said area so zoned being located in the unincorporated area of Butte County, Biggs area, more particularly described as follows: All that certain real property situate in the County of Butte, State of California, being more particularly described as follows: PARCEL ONE The Easterly 700 feet of the following described parcel of land: A Portion of the Northeast quarter of Section 13, Township 18 North, Range 2 East, M. D. M., described as follows: Commencing at the Northwest corner of the Southwest one-quarter of the Northeast one- quarter of said Section 13, said point being the Northwest corner of Parcel One as described in the deed to Paul Satur , et ux, recorded under Butte County Recorder's Serial Number 88-00168; thence South 89° 41'East along the North line of Satur Parcel One, 426.00 feet to the true point of beginning for the herein described parcel of land; thence continuing along said North line, South 89°41 East,. 2249.64 feet, more or less, to a point on the West line of Highway 99; thence South 00° 19'43" East along said West line 772.21 feet to a point on the North line of that parcel of land described in the deed to Paul Satur, et ux, recorded under Butte County Recorder's Serial Number 88-00166; thence South $9°39'39" West along said North line of said Satur, et ux, parcel, 208.70 feet, more or less, to the Southwest corner of said Satur, et ux, parcel, said point being on the North line of B Street (formerly Faris Avenue) ;thence South 89° 39' 39" West, along said North line of B Street, 2074.00 feet, more or less, to a point that bears North 89° 39' 39" East 426.00 feet from the Southwest corner of said Satur Parcel One, thence Northerly parallel with the West line of said Satur Parcel One, 1006.67 feet, more or less, to the point of beginning and the end of this description. 1 2 3 4 5 s 7 8 9 10 ~Z ~2 13 Z4 15 16 17 18 19 20 2I 22 23 24 2S 2B PARCEL 2 A portion of the Northeast quarter of Section 13, Township 18 North, Range 2 East, M. D. M., described as follows: Commencing at the intersection of the West line of the State Highway and the North line of the County Road lmown as Faris Avenue, and running thence North along the said West line of said State Highway, a distance of 208.7 feet; thence at right angles West, and parallel with said Faris Avenue, a distance of 20$.7 feet; thence at right angles, South, and parallel with said West line of said State Highway, a distance of 208.7 feet to a point on the North line of said Faris Avenue; thence at right angles East along the North line of said Faris Avenue, a distance of 208.7 feet to the point of beginning. EXCEPTING THEREFROM any portion thereof within the boundaries of the following described parcel of land: Beginning at the intersection of the Westerly line of existing State Route 99 and the Northerly line of Faris Avenue, now East Biggs Highway; thence from point of beginning along said Northerly line, South 89° 39' 39" West, 63.94 feet; thence leaving said Northerly line North 35° 36' 51" East 49.41 feet; thence North 02° 03' 36" East, 173.05 feet; thence North 00° 19'43" West, 799.59 feet; thence North 89° 34' 29" East, 26.09 feet; to a point in said Westerly line; thence along said Westerly line South 00° 25' 16" East, 1012.52 feet to the point of beginning. 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 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. 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 1 2 3 4 5 6 7 8 9 10 11 12 ~.3 14 15 16 17 18 1s 20 21 22 23 24 25 26 expiration of fifteen (lS) days after its passage, this Ordinance shall be published once with Gridley Herald the names of the members of the Board of Supervisors voting for and against it in the/, a newspaper of general circulation 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 lith day of September , 2001., by the following vote: AYES: Supervisors Beeler, Dolan, Houx, Yamaguchi and Chair Josiassen NOES: None ABSENT: None NOT VOTING: None T OSIASSEN, CHAIl2MAN u e County Board of Supervisors ATTEST: JOHN S. BLACKLOCK, Chief Administrative Officer and Clerk of the Board Exhiba.t A 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 Keith & Cheryl Anderson and Greg & Linda Anderson, 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 certain real property situate in the County of Butte, State of California, being more particularly described as follows: PARCEL ONE The Easterly 700 feet of the following described parcel of land: A Portion of the Northeast quarter of Section 13, Township 18 North, Range 2 East, M. D. M., described as follows: Commencing at the Northwest corner of the Southwest one-quarter of the Northeast one-quarter of said Section 13, said point being the Northwest corner of Parcel One as described in the deed to Paul Satur , et ux, recorded under Butte County Recorder's Serial Number 88-00168; thence South 89° 41'East along the North line of Satur Parcel One, 426.00 feet to the true point of beginning for the herein described parcel of land; thence continuing along said North line, South 89°41 East,. 2249.64 feet, more or less, to a point on the West line of Highway 99; thence South 00° 19'43" East along said West line 772.21 feet to a paint on the North line of that parcel of land described in the deed to Paul Satur, et ux, recorded under Butte County Recorder's Serial Number 88-00166; thence South 89°39'39" West along said North line of said Satur, et ux, parcel, 208.70 feet, more or less, to the Southwest corner of said Satur, et ux, parcel, said point being on the North line of B Street (formerly Faris Avenue) ;thence South 89° 39' 39" West, along said North line of B Street, 2074.00 feet, more or less, to a point that bears North 89° 39' 39" East 426.00 feet from the Southwest corner of said Satur Parcel One, thence Northerly parallel with the West line of said Satur Parcel One, 1006.67 feet, more or less, to the point of beginning and the end of this description. PARCEL 2 A portion of the Northeast quarter of Section 13, Township 18 North, Range 2 East, M. D. M., described as follows: Commencing at the intersection of the West line of the State Highway and the North line of the County Road known as Faris Avenue, and running thence North along the said West line of said State Highway, a distance of 208.7 feet; thence at right angles West, and parallel with said Faris Avenue, a distance of 208.7 feet; thence at right angles, South, and parallel with said West line of said State Highway, a distance of 208.7 feet to a point on the North line of said Faris Avenue; thence at right angles East along the North line of said Faris Avenue, a distance of 208.7 feet to the point of beginning. EXCEPTING THEREFROM any portion thereof within the boundaries of Che following described parcel of Iand: Beginning at the intersection of the Westerly line of existing State Route 99 and the Northerly line of Faris Avenue, now East Biggs Highway; thence from point of beginning along said Northerly line, South 89° 39' 39" West, 63.94 feet; thence leaving said Northerly line North 35° 35' S1" East 49.41 feet; thence North 02° 03' 36" East, 173.05 feet; thence North 00° 19'43" West, 799.59 feet; thence North 89° 34' 29" East, 25.09 feet; to a point in said Westerly line; thence along said Westerly line South 00° 25' i5" East, 1012.52 feet to the point of beginning. WHEREAS, the Property is now zoned A-40 {Agricultural, 40-acre parcels) and is designated as Orchard and Field Crops by the Butte County General PIan; and WHEREAS, Owner has applied for a reclassification of zoning of the Property from its present classification to C-1 {Light Commercial) and for 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, IT IS 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 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: 1. The building shall be substantially similar to that depicted on the conceptual exterior elevation submitted with the project. The final design and color of the building shall be submitted to the Planning Division for review and approval prior to issuance of a building permit. (Mitigation Measure} 2. A parking layout and landscaping plan showing the location and types of vegetation to be installed, and the method of irrigation, shall be submitted to the Planning Division for review and approval prior to issuance of building permits. The arrangement of parking stalls shall be made to .minimize the number of spaces along Highway 99 and maximize parking spaces behind the building as much as possible. The parking spaces on the west side of the site shall be at least 100 feet from the west property line in order to protect adjacent agricultural uses. The area to be changed to Commercial General Plan land use designation and to be rezoned to C-1 shall be moved 55 feet further to the west to accommodate the required separation. Trees and other landscaping shall be installed in the landscaped area adjacent to SR 99 and B Street frontages as shown on the site plan. The landscaping shall be installed prior to issuance of the Certificate of Occupancy or may be bonded for an amount to be determined by the Director of Development services or his or her designee. (Mitigation Measure) 3. All outside lights on the site shall be fully shielded and directed to prevent glare and excess light on SR 99, B Street, and surrounding parcels. (Mitigation Measure} 4. The commercial uses allowed on the site shall be agriculturally-related and shall be constructed as shown on the site plan, received by the Planning Division on March 23, 2001. A delicatessen may be established within the proposed 3,000 square foot building. The sale of wine shall be permitted, subject to obtaining the necessary State permits. (Mitigation Measure) 5. Prior Co issuance of building permits, the applicants shall apply for and receive approval of a Lot Line Adjustment to increase the size of APN 022-170-Ob0 to encompass the 8-acre (approximate) project site. Land divisions shall not be allowed on the resulting 8-acre parcel. (Mitigation Measure) 6. Measures shall be taken to control fugitive dust emissions during development of the site. Standard Mitigation Measures to prevent or reduce fugitive. dust emissions can be obtained from the Butte County Air Quality Management District. {Mitigation Measure) 7. The existing trees within the SR 99 right-of-way shall be protected during site development. Each tree to be preserved shall be surrounded by a circular zone (minimum 4Q-foot radius) identified by an orange construction fence during construction activities. No vegetation removal, soil disturbance, or other development activities shall occur within the fenced area. (Mitigation Measure) 8. Prior to the issuance of building permits a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works, Caltrans, and Reclamation District 883. The drainage plans for the Department of Public Works shall specify how drainage waters shall be detained on site andlor conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. Plans submitted to Caltrans and Reclamation District $33 shall be in conformance with their requirements. A copy of the approved drainage plans shall be submitted to the Planning Division and the Building Division prior to issuance of building permits. {Mitigation Measure) 9. Prior to issuance of a building permit a traffic study focusing on the location of the site access road shall be submitted the Public Works Department for review and approval. The study shall determine the best location of the driveway and any access improvements necessary to ensure safe turning movements in and out of the site. The study shall be prepared by a Registered Civil Engineer. {Mitigation Measure) 10. Monument-type advertising signs shall be limited to one (1} per street frontage, not exceeding thirty-five (35) square feet per sign. Na advertising signs for off-site businesses shall be allowed. Submit plans to the Department of Development Services for Review and approval. 11. All outdoor trash storage and collection facilities shall be enclosed by a solid masonry wall or view-obscuring fence at least one (1} foot higher than the trash container. 12. Any new commercial development of this parcel may require a pressurized water system with Fire Department approved fire hydrant. II. In the event Owner, any successor in interest of Owner, or any person in possession of the Property, violates ar 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 Iegal 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. Tn 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 WItTNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. Dated: B y: Dated: B y: By: By: Keith Anderson Cheryl Anderson Greg Anderson Linda Anderson COUN'T`Y OF BiTTTE, a political subdivision of the State of California By: Curt 7osiassen, Chair Butte County Board of Supervisors Attach Notary form]