HomeMy WebLinkAbout3767aREPUBLISHING OF ORDINANCE 3767 WITH A CORRECTED LEGAL
DESCRIPTION
ORDINANCE NO. 3767A
AN ORDINANCE ZONING A PORTION OF THE COUNTY OF
BUTTE, STATE OF CALIFORNIA, A C-1 (COA~IlvIERCIAL}
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, 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 G1 (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 laca$ed in the unincorporated area of Butte
County, Biggs area, more particularly described as follows:
All that real property situate in the Northeast one quarter of Section 13, Township 18
North, Range 2 East, M.D.M., unincorporated azea of Butte County, California described
as follows:
Commencing at the Northwest corner of that parcel of land described in a deed to Paul
Satur and Pauline Satur recorded under Butte County Recorders serial number 95-
30528, from which the North one-quarter corner of said Section 13 bears North 00° 48'
38" West, 837.69 feet; thence North 89° 49' 19" East, 70.46 feet; thence South 00° 48'
38" East parallel to the West line of said Satur parcel, 492.93 feet; thence North 89° 39'
48" East, 345.54 feet; thence South 00° 48' 38" East, parallel to said West line, 1012.08
feet to a point at the Southwest corner of that parcel of land described in a deed to Keith
Anderson and Cheryl Anderson recorded under Butte County Recorders serial number ....
95-39472, said point being on the North line of East Biggs highway; thence North 89°
44' 12" East along said Anderson Parcels South line, 1760.00 feet to the True Point of
Beginning for the herein described parcel of land; thence leaving said North line, North
00° 41' 31" West, 700.00 feet; thence North 89° 44' 12" East, 477.66 feet to a point on
the Westerly line of Highway 99; thence South 00° 15' 03" East along said Westerly
line ,G.R7 {1S2 fP.et• thPnr.P rnn#inni,ng along said Westerly line South 02° 0$'16" West;
' 31" West, 49.10 feet to a point on the North line of
Ordinance 3767A was adopted 03/25/03
to correct the legal description contained
in Ordinance 3767 that was adopted on
09111/O1.
East Biggs Highway; thence South 89° 44' 12" West along said North line, 436.06 feet
to the point of begurning
Containing 7.60 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 Owner(s) of the property and by the County. Said
Agreement shall be in substanfiially 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 (lS) 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 Cxridley Herald, 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 25th day of March , 2003, by the
fallowing vote:
AYES: Supervisors Dolan, Houx, Josiassen, Yamaguchi and Chair Beeler
NOES: None
ABSENT: None
NOT VOTING: None
l~L! -~~
BOB BEELER, CHAIRMAN
Butte County Board of Supervisors
ATTEST: PAUL MCINTOSH, Chief Adminisixative
Officer and Clerk of the Boazd
~y , - ".
Exhibit 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
{Revised Agreement to correct legal description of parcel)
THIS AGREEMENT made this day of , 2003, by
and between Keith & Cheryl Anderson and Greg & Linda Anderson, herein called
"Owner", and the COUNTY OF BUTTE, apolitical 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 mare particularly described as follows:
All that real property situate in the Northeast one quarter of Section 13, Township
18 North, Range 2 East, M.D.M., unincorporated area of Butte County, California
described as follows:
Commencing at the Northwest corner of that parcel of land described in a deed
to Paul Satur and Pauline Satur recorded under Butte County Recorders serial
number 95- 30528, from which the North one-quarter corner of said Section 13
bears North 00° 48' 38" West, 837.69 feet; thence North 89° 49' 19" East, 70.46
feet; thence South 00° 48' 38" East pazallel to the West line of said Satur parcel,
492.93 feet; thence North 89° 39' 48" East, 34S,S4 feet; thence South 00° 48'
38" East, parallel to said West line, 1012.08 feet to a point at the Southwest
corner of that pazcel of land described in a deed to Keith Anderson and Cheryl
Anderson recorded under Butte County Recorders serial number 95-39472, said
point being on the North line of East Biggs Highway; thence North 89° 44' 12"
East along said Anderson Parcels South line, 1760.00 feet to the True Point of
Beginning for the herein described parcel of land; thence leaving said North
line, North 00° 41' 31" West, 700.00 feet; thence North 89° 44' 12" East, 477.66
feet to a point on the Westerly line of Highway 99; thence South 00° I5' 03"
East along said Westerly line, 487.08 feet; thence continuing along said
Westerly line South 02° OS'16" West; 173.05 feet; thence South 35° 41' 31"
West, 49.10 feet to a point on the North line of East Biggs Highway; thence
South 89° 44' 12" West along said North line, 43b.06 feet to the point of
beginning
Containing 7.60 acres more or less.
WHEREAS, the Property is now zoned A-40 (Agricultural, 40-acre
parcels) and is designated as Orchard and Field Craps by the Butte County General Plan;
and
WHEREAS, Owner has applied for a reclassification of zoning of the
Property from its present classification to C-1 (Light Commercial) and fora re-
designation from its present General PIan designation to Commercial; and
WHEREAS, public hearings have been held upon said application before
the Boazd of Supervisors of the County of Butte, State of California, and after having
considered the matter presented, the Boazd has detemnined 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-l 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:
1. The building shall be substantially similaz 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 Plaaa~in.g
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 to issuance of building permits, the applicants shall apply for
and receive approval of a Lot Line Adjustment to increase the size
of APN 022-170-060 to encompass the 8-acre (approximate)
project site. Land divisions shall not be allowed on the resulting 8-
acre pazcel. (Mitigation Measure)
6. Measures shall be taken to control fugitive dust emissions during
development. of the site. Standazd 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 ~40-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
853. 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 shaIl be no increase
in the peak flow runoff to said channel or facility. Plans submitted
to Caltrans and Reclamation District 833 shall be in conformance
with their requirements. A copy of the approved drainage plans
shall be submtted to the Plarming 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) squaze feet per sign.
No 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 Flare Department approved fire
hydrant.
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 .
l~T. 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 WIiEREOF, the parties hereto have executed this
Agreement the day and year first above written.
Dated:
Dated:
By:
Keith Anderson
By:
Cheryl Anderson
By:
By:
Greg Anderson
Linda Anderson
COUNTY OF BUTTE, a political
subdivision of the State of California
By:
Bob Beeler, Chair
Butte County Board of Supervisors
[Attach Notary form]