HomeMy WebLinkAbout3862ORDNANCE NO. 3862
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AN ORDINANCE ZONING A PORTION OF THE COUNTY OF
BUTTE, STATE OF CALIFORNIA, AN FR-2 (FOOTHILL
RECREATIONAL) 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 an FR-2 (Foothill
Recreational - 2 acre parcels) District, and such area shall be subject to the
restrictions and restricted uses and regulations pursuant to Butte County Code
Section 24-110.
Said area so zoned being located in the unincorporated area of Butte
County, Forest Ranch, more particularly described as follows:
Being a portion of Section 18, Township 23 North, Range 3 East,
M.D.M. and being Parcels 1, 2, 3, and 4 as shown on that certain
Vesting Subdivision Map for Ray Johnson Jr., known as Fourteen Mile
House Unit 3, which map was filed in the Office of the Recorder of the
County of Butte, State of California, on December 13, 2002 in Book
155 of Maps at pages 88, 89, and 90.
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
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be the same in the Agreement as set forth in Section ~ above. The Chair 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 {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 , 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 2s~h day of octiober , 2003, by the
following vote:
AYES: Supervisors Dolan, Houx, ,7osiassen, Yamaguchi and Chair Beeler
NOES: None
ABSENT: None
NOT VOTING: None ~
R. J. BEELER, CHAIR
Butte County Board of Supervisors
ATTEST: PAUL MCINTOSH, Chief Administrative
Officer and Clerk of the Board
eputy
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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
THIS AGREEMENT made this day of , 2003, by and
between Ray E. Johnson Jr., Debbie Jean, H. L. and Wanda Peterson, and William and
Barbara Bouttote, 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 situated in the County of Butte, State of California,
being more particularly described as follows:
Being a portion of Section 18, Township 23 North, Range 3 East, M.D.M. and being
Parcels 1, 2, 3, and 4 as shown on that certain. Vesting Subdivision Map for Ray
Johnson Jr., lrnown as Fourteen Mile House Unit 3, which map was filed in the Office
of the Recorder of.the County of Butte, State of California, on December 13, 2002 in
Book 155 of Maps at pages 88, 89, and 90.
WHEREAS, the Property is now zoned PUD (Planned Unit Development}
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 tv FR-2 (Foothill Recreation 2 acre minimum
parcels}; 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 Boazd has determined that certain conditions to the zoning
reclassif cation 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, YT l<S MUTUALLY UNDERSTOOD AND
AGREED that inasmuch as the reclassification to FR-2 is being granted and will be enacted
by ordinance, the said reclassification shall be subject to the following condition(s):
T. This Agreement is made pursuant to Butte County Cade Section 24-25.40
(c), between the property owner and County of Butte, and includes the following provisions:
1. The lots shown on the rnap recorded in the Office of the Butte County
Recorder in Map book 155 at pages 8$ through 90 may be divided as
follows: Lot 1 may be further subdivided to create a maximum of tova
(2) lots; Lot 2 may be further subdivided to create a maximum of four
(4) lots; Lot 3 may be further subdivided #o create a maximum of two
(2} lots; and Lot 4 may be further subdivided to create a maximum of
four (4) lots. The total number of resulting lots will be not more than
twelve (12) on the entire 43.2 acre parcel.
2. Obtain an encroachment permit from Caltrans to remove the existing
sight-obstructing vegetation in the Highway 32 right-of--way along the
frontage of parcel 2 as shown on the map recorded in the Office of the
Butte County Recorder in Map book 155 at pages 88 through 90.
Vegetation removal shall be performed prior to the recordation of any
subsequent land division on the land being rezoned by this action.
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 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. Ia 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 carne 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:
Ray E. Johnson Jr.
Dated:
By:
Debbie Jean
By:
H. L. Peterson
By:
Wanda Peterson
By:
William Bauttote
By:
Barbara Bauttote
COUNTY OF BUTTE, a political
subdivision of the State of California
By:
Bob Beeler, Chair
Butte County Board of Supervisors
[Attach Notary form]