HomeMy WebLinkAbout3872ORDINANCE NO. 3872
AN ORDINANCE ZONING A PORTION OF THE COUNTY OF
BUTTE, STATE OF CALIFORNIA, A TM-1 {TIMBER MOUNTAIN,
1-ACRE PARCEL SIZE) DISTRICT, PURSUANT TO SECTION 24-
25.40.
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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 1. The hereinafter described area situate in the County of
Butte, State of California, shall be and it is hereby zoned as a TM-J. (Timber Mountain,
l-acre parcel size} District, and such azea shall be subject to the restrictions and
restricted uses and regulations pursuant to Butte County Code Section 24-1.90.
Said area so zoned being located in the unincorporated area of Butte
County, Forest Ranch area, more particularly described as follows:
Being a porkion of Section 6, Township 23 North, Range 3 East,
M.D.M. and being Parcel 4, as shown on that certain Parcel Map, recorded in
the Office of the Recorder of the County of Butte, State of California, an
February 1, 2000, in Book l49 of Maps, at Page{s) 34, 35 and 36.
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 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 1 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
foil 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 Chico Enterprise Record, 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 z~~h day of February 2004, by
the following vote:
AYES: Supervisors Dolan, Houx, Josi.assen, Yamaguchi. and Chair Beeler
NOES: Nfone
ABSENT: Nine
NOT VOTING: Nane
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R. 7. BEEL R, HAIlZNLAN
Butte County Board of Supervisors
ATTEST: PAULMCINTOSH, Chief Administrative
Officer and Clerk of the Board
~~~
Deputy
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 24th day of February, 2004, by and between
Iohn McLaughlin, herein called "Owner", and the COUN'T`Y. OF BUTTE, a political
subdivision of the State of California, herein called "County='.
WITNE5SETH
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 6, Township 23 North, Range 3 East, M.D.M. and being
Parcel 4, as shown on that certain Parcel Map, recorded in the Office of the Recorder
of the County of Butte, State of Califomia, on February 1, 2000, in Book 149 of
Maps, at Page{s) 34, 35 and 36.
WHEREAS, the Property is now zoned TM-5 {Timber Mountain 5-acre
minimum parcel size) and PUD (Planned Unit Development} and is designated as Low
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 TM-1 (Timber Mountain, 1-acre minimum
parcels); 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 Board has determined that certain conditions to the zoning
reclassificatian of said real property must be unposed so as not to create any problems
inimical to the health, safety and the general welfare of the County of Butte.
NOW, THEREFORE, IT YS MUTUALLY UNDERSTOOD AND
AGREED that inasmuch as the reclassification to TM-1 is being granted and will be enacted
by ordinance, the said reclassification 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:
The property shall not be divided into more than four {4) parcels.
2. No second dwelling units shall be allowed an the parcels created by a
land division of the property.
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.
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 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 WHEREOF, the parties hereto have executed this Agreement
the day and year first above written.
Dated:
By:
John McLaughlin, Owner
COUNTY OF BUTTE, a political
subdivision of the State of California
Dated:
[Attach Notary form]
By:
R.J. BEELER, Chair
Butte County Board of Supervisors