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HomeMy WebLinkAbout3768ORDINANCE NO. 3765 AN ORDINANCE ZONING A PORTION OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, AN R-1 {RESIDENTIAL) DISTRICT, PURSUANT TO SECTION 24-25.40. 1 2 3 4 5 6 7 8' 9 zo xi ].2 Z3 3.4 ~~ 16 17 z8 19 20 2Z 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 ofi said County, ORDAINS, as follows: SECTION I. The hereinafter described area situate in the County of Butte, State of California, shall be and it is hereby zoned as an R-1 (RESIDENTIAL) 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, Oroville area, more particularly described as follows: Parcel 1 and Parcel 2 as shown on that certain Parcel Map, recorded in the Office of the Recorder of the County of Butte ,State of California, on February 15, 1990, in Books 117 of Maps, at pages 75 and 76. SECTION 2. Conditional Zoning. The zoning reclassifiication 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 l 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, 1 2 3 4 5 6 7 8 9 lp Z1 12 ~.3 '~ Z4 15 ~s 17 Z8 19 20 2Z 22 23 24 2S 26 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 ll~hday of September , 2001, by the following vote: AYES: Supervisors Beeler, Dolan, Houx, Yamaguchi and Chair Josiassen NOES: None ABSENT: None NOT VOTING: None CUR JOSIASSEN, CHAIRMAN County Board of Supervisors ATTEST: JOHN S. BhACKLOCK, Chief Administrative Officer and Clerk of the Board ~. K:IPLANNINCa1PROJECTSIGPAICOLBY.GPA10RDlNANC.W PD EXHIBIT "A" Recording Requested By County of Butte And When Recorded Return to Clerk of the Board of Supervisars 25 County Center Drive Oroville, CA 959b5 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT made this day of , 2001, by and between Lee B. Colby, and William R. Rich, 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: Parcel 1 and Parcel 2 , as shown on that certain Parcel Map, recorded in the Office of the Recorder of the County of Butte ,State of California, on February 15, 1990, in Books 117 of Maps, at pages 75 and 76. WHEREAS, the Property is now zoned SR-1 (Suburban Residential, 1-acre parcels) and is designated as Agricultural Residential by the Butte County General Plan; and WHEREAS, Owner has applied for a reclassification of zoning of the Property from its present classification to R-1 (Residential} and for a re-designation from its present General Plan designation to Low Density Residential; 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 Pian 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 R-1 and General Plan re-designation to Low Density Residential 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 project is subject to the Urban Reserve Policy Statement of the Durham-Dayton- Nelson (D2N) Plan, and other policies that prohibit growth in the Durham area until urban services are provided. The D2N plan prohibits the development of proposals creating parcels of less than 3-acres until specif c requirements have been fulfilled. These requirements are identified as C. 1-6 in the D2N Urban Reserve Policy Statement. Higher densities that warrant sewer service connections must not be developed until sewer service becomes available. To ensure compliance with the Butte County Environmental Health Division's requirements for on-site sewage disposal, and to ensure that higher density development is not permitted until appropriate services are provided, the fallowing conditions apply to this zone: ].. This R-1 (Residential) zone shall be subdivided in accordance with the plan attached as Exhibit "A-1", and incorporated herein by this reference, which plan shows eight, 11,560 (+/-) square foot parcels as approved by the Environmental Health Department on March 12, 2001, and contained within the Colby General Plan Amend'ment/Rezone file. 2. The contemplated future project is of a size and density that requires both notification of and approval by the Regional Water Quality Control Board. As the proposed gallonslacre waste water flow slightly exceeds Regional Board notification criteria of 10x0 gallons/acre/day, the Regional Board will have to concur with the proposal: 3. At the time of future tentative subdivision map submittal, the applicant will be required to provide soil tests to determine compliance with net usable sewage disposal area standards. A project must meet Appendix VII requirements for subdivisions using on-site sewage disposal systems (Subdivision Ord.). The proposed project is based upon good percolation and, as a private road subdivision, will necessitate approval by the Development Review Committee to use a portion of the road setback for calculation of useable sewage disposal area. 4. Unless services are provided in accordance with the Durham Dayton Nelson Plan and proper sewer connections can be made to accommodate smaller parcel sizes, the minimum parcel size shall be established by the Environmental Health Division. 5. Any future subdivision must connect to a municipal water system. This will require annexation and connection to the Durham Irrigation District. 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 reasanable 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 manger 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: ~ ~~~ ~r Dated: By: - Lee B. Co B~: William R. Rich COUNTY OF BU'I"I`E, a political subdivision of the State of California Curt Josiassen, Chair Butte County Board of Supervisors By [Attach Notary form] TC:IPLANAiING1PROJECTSIGPA1CaLBY.GPAICOLSYCZA.WPD