HomeMy WebLinkAbout3828ORDINANCE NO. 3828
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AN ORDINANCE ZONING A PORTION OF THE COUNTY OF
BUTTE, STATE OF CALIFORNIA, AN L-I (Limited Industrial}
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 f. The hereinafter described area situate in the County of
Butte, State of California, shall be and it is hereby zoned as an L-I (Limited Industrial)
District, and such area shall be subject to the restrictions and restricted uses and
regulations pursuant to Butte County Code Section 24-170.
Said area so zoned being located in the unincorporated area of Butte
County, Chico area, more particularly described as follows:
Parcel 3 of that certain Parcel Map recorded in the Butte County
Recorder's Book of Records #154 Page 42.
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 Owners} 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 [above. The Chairman of the
Board of Supervisors is authorized and directed to sign the Agreement on behalf of
the County of Butte.
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SECTION 3. This Ordinance shall be and it is hereby declared to be in
full force and effect fram and after thirty (30} days after the date of its passage, and
before the expiration of fifteen (l5} days after its passage, this Ordinance sha[l be
published once with the names of the members of the Board of Supervisors voting
for and against it in the Chico Enterprise, a newspaper published in the County of
Butte, State of California.
PASSE^ AND ADOPTED by the Board of Supervisors of the
County of Butte, State of California, on the 27tH day of August , 2002, by the
a
following vote:
AYES: Supervisors Beeler, Dolan, ~Iaux, Yamaguchi and Chair Josiassen
NOES: None
ABSENT: None
NOT VOTING: Kane
CU JOSIASSEN, CHAIRMAN
Butte County Board of Supervisors
ATTEST: PAUL MCINTOSH, Chief Administrative
Officer and Clerk of the Board
B
K:IPROJECTSIGPAIYOUNT.02-IORDlNANC.doc'
EXHIBIT "A"
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 , 2042, by and between
Becky Yount, 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 3 of that certain Parcel Map recorded in the Butte County Recorder's
Book of Records #154 Page 42.
WHEREAS, the Property is now zoned SR-I (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 L-I {Limited Industrial) and for a re-designation
from its present General PIan designation to Industrial; 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 L-I and General Plan re-designation to
Industrial 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:
II. In the event Owner, any successor in interest of4wner, 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 .
TTT. 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.
)CN WITNESS WHEREOF, the parties hereto have executed this Agreement
the day and year First above written.
Dated By:
Becky Yount
COUNTY Oh' BUTTE, a political
subdivision of the State of California
Dated: By:
Curt Josiassen, Chair
Butte County Board of Supervisors