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HomeMy WebLinkAbout3833ORDINANCE NO. 3833 1 2 3 4 5 6 7 8 9 10 1~. I2 1.3 I.4 ~5 16 17 ~.8 19 20 2I 22 23 24 25 26 AN ORDINANCE ZONING A PORTION OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, AN C-2 (GENERAL COMMERCIAL) DISTRICT, PURSUANT TO SECTION 24-25.40. The Boazd 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 situate in the County of Butte, State of California, shall be and it is hereby zoned as an C-2 (General Commercial) District, and such area shall be subject to the restrictions and restricted uses and regulations pursuant to Butte County Code Section 24-145. Said area so zoned being located in the unincorporated area of Butte County, Oroville area, more particularly described as follows: The land referred to herein is situated in the State of California, County of Butte, and is described as follows: The N 500 ft. of the W %Z of the E %a of Lot 6, and the N 500 ft. of the E'/z of the E'/2 of Lot 6, and the N 500 ft. of the W 5$ ft. of Lot 5, all in Block 113, as shown on that certain map entitled, "Map of Thermalito, Butte County, California" which map was recorded in the Office of the Recorder of the County of Butte, State of Californa, June 8, 1887. 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 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 2 3 4 5 6 7 S 9 ZO 11 12 13 i4 ~~ 16 ~.7 18 19 20 2I 22 23 24 25 26 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 fiz1l force and effect from and after thirty {30) days after the date of its passage, and before the expiration of fifteen {1S}days after its passage, this Ordinance shall be published once with the names of the members of the Board of Supervisors voting far 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 IOth day of sep~ember , 2002, by the following vote: AYES: Supervisors Beefier, Dolan, Houx, Yamaguchi and Chair Josiassen NOES: None ABSENT: None NOT VOTING: None uR roslASSEN, cxAnzMAN County Board of Supervisors ATTEST: PAUL MCINTOSH, Chief Administrative Officer and Clerk of the Board B e 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 10th day of September, 2002 by and between Ellen V. Henn 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: The land referred to herein is situated in the State of California, County of Butte, and is described as follows: The N 500 ft. of the W %z of the E'/z of Lot 6, and the N 500 ft. of the E 1/z of the E %z of Lot 6, and the N 500 ft. of the W 58 ft. of Lot 5, all in Block 11.3, as shown on that certain map entitled, "Map of Thermalito, Butte County, California" which map was recorded in the Office of the Recorder of the County of Butte, State of Californa, June 8, 1 S 87. APN: 030-200-026-000 (portion) WHEREAS, the Property is now zoned R~3 (Residential} and is designated as Medium Density 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 C-2 (General 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-2 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: II. Tn 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. N. 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 sure 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 By: Ellen V. Henn Dated: COUNTY OF BUTTE, a political Subdivision of the State of California By: Curt Josiassen, Chair Butte County Board of Supervisors 2