HomeMy WebLinkAbout38882
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ORDINANCE NO. 38sa
AN ORDINANCE ZONING A PORTION OF THE COUNTY OF
BUTTE, STATE OF CALIFORNIA, A C-2 (General Commercial)
DISTRICT, PURSUANT TO SECTION 24-145.
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 I. 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, Chico area, more particularly described as follows:
fill that crrt:~in real prolxrt}' situatccl in tl~c unincorporatccl ~u~ca o1~ 13uttc C<>unt~', Cali(<~rnia,
lu~in~; a portion of 13kx~1: ~(?, as slu>~~~u c»> that ccrt<~iu neap cntitlccl, "ii~lap oC~hlirrn~alito,l3uttc
Collntl~ Cola.", R'lltCll In<lj) ~l'as rCCOrc1C(1 111 tllc Olllcc of tliC 1~CCOl~clcrol IIiC LollntV~ Ul 13nttc,
State of Calilc~rnia, on,Junc ~, 157, and 1>rin; uu~rc particularl~~ clcscril~ccl as (<~llotti~s:
13c~;innin;; at tl~c southcast corner c>C 1`?''' Strcct and Corona :l~~cnur, in ~l~l~crln.clito, 13uttc
Count~~, Sl.cte of Calil<~rnia, as said Street aucl ~i~~enuc arc shor~~n on t11a1 certain ln.cp entiticcl,
"t)Clicial ~~Lcp oCCorona ~l~crracc", ~~~hicll inal~ was rcoorclccl in tlic OClicc ol~(1ic Rccorclcr of
tlic Count~~ ol~ Butte, State o[~ Calilcn~uia, ou Jnne 7, 1~)0~), iu fool. G of ~~Iaps, at Pa~;r ,51;
tlu:nce South 1 ~5 Icct along; ]lie east line of said 1L''' Street to tl~c south line ol~ l~locl: SO and
tlic Wort]] line ol~ l~eatl~cr fi~~euue; thence l~:ast i(~(~ Ceet along; tl~c nortl- line ol~ Featlicr .'i~~enue
to .c point that he~u~s South t(i Icct l~roul tl~c soutlicast corner ol~ that certain parcel oC lane]
clcscrilx~cl iii tlic clcccl to tlic Conuuunit~~ aotion .'l,;;cnct~ ol~ liuttc C'ounl}~, Inc., rccorclccl
Seplen~lacr l`~, l~)~)1 in the OI~Gce o[~tlic lZecorcler oCtlu~ Count}' oCl3ntte, Slate oCC;~li[tn~nia,
under Kecorclcr's Serial \'ulnl~cr ~)1-37G~fi; tlicnce Iea~~in;; said north line of I'catlur a~~cnue,
~ortli t(i Ccct to tl~c said soutllcast corner ol~tlic Conunuuit~~ fiction A~;enc~~ parcel; tluncc
11'est 1 t~3 tool aloud; tlu~ south line oCllle Con~-ntuiit~~ .'lotion ~i~;enc}' parcel to the soutlm~cst
corner tliercol~; llience ~~ortl~ 1 ~;~? lcet aloud; ~~~est line ol~tlic Conuucurit~~ fiction fi~;cnc~~ parcel
to tlic south line o[~saicl Corona .7~~cntic; ll~ence aloud; tlic scull] line ol~saicl Corona fh~cuuc
l~'csl t2~3 I~cct, inorc or less, to tlic Point ol~ l~cniuui~h.
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'1'OGl~~l•Ill~;lZ «•itl~ a 1(}-l<x~t ~~i~lc stri~~ ~>Cri~;lll ~>C~eay 11'i~ln c{mti~;uc~us t<>, I~;lrallrl railli.uul
acljacrni icy the ~scst and sc>uill lc~i line c~l~ the s~lici 131ac1: ~0 cal "1•hcrtnalitc>.
l~;.l'Cl•:P`hI:~C "1`I Il•;RI~;h'RO~'I ilu• jx~rtit>ns l~~in~; ~>nisi~lc ~~I tlu `?0-l~x~i r~ulius rciurns at .ill
<~t~rncrs <il~s~ii~1 131<~cl: ~O ~>C`l,llcliualit~~.
Uni:Un(n,~'; `~. 10 rlCI~CS (nOCC <)I~ 1ctiS.
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 farm 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 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 Chico Enterprise, 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 9th day of November , 2004 by the
following vote:
AYES: Supervisors Houx, Josiassen, Yamaguchi and Chair Beeler
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NOES: None
ABSENT: Supervisor Dolan
NOT VOTING: None
..
R. J. BEELER, CHAIRMAN
Butte County Board of Supervisors
ATTEST: PAUL MCINTOSH, Chief Administrative
Officer and Clerk of the Board
By `~ ~
WHEREAS, the Property is now zoned a-R {Agricultural Residential) 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 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
A("~REED 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 Conditions:
Planning Division:
Prior to Use Permit issuance, the concurrently submitted Genera] Plan Amendment and
Rezone (GPAtRZ 03-03) shall be approved by the Butte County Board of Supervisors.
1. In order to protect the surrounding neighborhood from impacts associated with aesthetics,
noise, light, vibration and odors perform and maintain in full effect the following
measures (Mitigation Measure #I):
a. Welding activities are restricted to the interior of building "N" only. Building N
shall be completely enclosed during welding activities so as to restrict light and
glare from welding activities from broadcasting to the surrounding neighborhood.
b. Welding or any other type of open flame work is prohibited in any livelwork unit.
c. A livelwork unit shall be designed to accommodate commercial or industrial uses
as evidenced by the provision of ventilation, interior storage, flooring, and other
physical improvements of the type cammonlyfound in exclusively commercial or
industrial facilities used for the same work activity.
d. Livelwork units and non-residential uses shall meet all applicable requirements
for those uses, and proper occupancy separations shall be provided between
livelwork units and other occupancies as determined by the Chief Building
Official.
e. Any new construction, not reflected in the site plan, shall be reduired to maintain the
following setbacks pursuant to the G2 zone:
Side yard requirements: None, except when the side of a lot abuts i~ipon the
side of lot that is zoned to allow a residential use, in which case the side yard
shall be not less than ten (10) feet.
Rear yard: None, except when the side of a lot abuts upon the side of lot that
is zoned to allow a residential use, in which case the side yard shall be not
less than ten {10) feet.
Minimum front yard setback: Twenty (20} feet from the edge of the ultimate
right-of-way from all public or private roads except where the road is
classified as a federal aid road, in which case the setback shall be twenty-five
(25) feet from the right-of-way.
The applicant is required to submit a Hazardous Materials Business Plan to the
Butte County Environmental Health Department as required by Chapter 6.95 of
the California Health and Safety Code.
g. Storage of flammable liquids or hazardous materials in a livelwork unit beyond
that normally associated with a residential use is prohibited.
h. No fabrication or construction of artwork shall take place outside that would
create a noise level exceeding 65 decibels at the property line.
Outside storage at this facility is prohibited. All supplies and storage materials
shall take place inside of buildings at all times.
j. Garbage bins shall be screened from view at all times.
k. Noise levels shall be maintained at 65 decibels as measured at the property line at
all times.
1. Hours of operation for special events shall be limited to 8:00 am to 10:00 pm.
m. No amplified music shall be allowed in conjunction with special events or other
activities.
n. The parking lot shall be landscaped in accordance with Section 24-240.10. (e) of
the Butte County Code as follows: Ali open automobile parking areas that
contain more than four (4) parking spaces and which abut upon a public street
right-of-way shall provide landscaping to a depth of at least ten (10) feet of said
street right-of-way with openings for walkway or drive purposes in accordance
with county standards. An additional five (5) percent of the gross lot area shall be
devoted to landscaping. Each planter area shall be surrounded with asix-inch
raised concrete curbing or equivalent An ii-~-igation system shall be installed in
each separate planter area.
o. No vehicle maintenance or repair (e.g. body or mechanical work, including boats,
motorcycles, and recreational vehicles, vehicle detailing and painting, upholstery
etc.} is allowed.
p. [wring special events the operator is required to ensure that adequate parking for
the general public is available. ~l'his will be accomplished by providing a 15
space parking lot available to the public on the northeast corner of the property.
q. tiny use that would be objectionable because of noise, odor, smoke, dust, bright
light/glare, heat, noxious gasses, vibration, pollution, traffic congestion, unsafe
access, or other public nuisance as defined under Butte County Code Section
32A-2, are prohibited.
r. Hours of operation for the facility shall be limited to 8:00 am to 5:00 pm, seven
days a week.
s. Parking shall be provided pursuant to Butte County Code 24-240, and shall be
based on the square footage of the proposed indoor gallery.
Plan Requirements: Comply with the listed provisions.
Timing: The requirements of this mitigation will remain in full effect during all
times of construction and operation of this facility.
Monitoring: The Department of Development Services shall monitor compliance
through routine inspection and reviews.
2. Place a note on a separate document which is to be recorded concurrently with the
map or an an additional map sheet that states: "Dust generated by the development
activities shall be kept to a minimum with a goal of retaining dust on the site. Follow
the dust control measures listed below:
a. During clearing, grading, earth moving, excavation, or transportation of cut
or fill materials, water trucks ar sprinkler systems are to be used to prevent
dust from leaving the site and to create a crust after each day's activities
cease.
b. During construction, water trucks or sprinkler systems shall be used to keep
all areas of vehicle movement damp enough to prevent dust from leaving the
site. At a minimum, this would include wetting down such areas in the later
morning and after work is completed for the day and whenever wind exceeds
15 miles per hour.
c. Soil stockpiled for more than two days shall be covered, kept moist, ar
treated with soil binders to prevent dust generation."
d. The developer shall post a publicly visible sign with the telephone number
and person to contact regarding dust complaints. This person shall respond
and take corrective action within 24 hours. The telephone number of the
BCAQMD shall also be visible to ensure compliance with BCAQMD Rule
200 and 205 {Nuisance and Fugitive Dust Emissions).
e. The applicant shall be required to submit a Hazardous Materials Business
Plan to the Butte County Environmental Health Department as required by
Chapter 6.95 of the California Health and Safety Code. Storage of t7ammable
liquids or hazardous materials beyond that normally associated with a
residential use is prohibited. (Mitigation Measure # 2)
Plan Requirements: All requirements shall be shown on building plans.
Timing: Requirements of the condition shall be adhered to throughout all grading
and construction periods.
Monitoring: The Planning Division and the Public Works Department shall ensure
that mitigation is implemented. Building inspectors shall spot check and shall ensure
compliance on-site. Butte County Air Pollution Control District inspectors shall
respond to nuisance complaints.
:~. Should grading activities reveal the presence of cultural resources (i.e., artifact
concentrations, including arrowheads and other stone tools or chipping debris, cans,
glass, etc.; structural remains; human skeletal remains), work within 50 feet of the
find shall cease immediately until a qualified professional archaeologist can be
consulted to evaluate the remains and implement appropriate mitigation procedures.
Recommencement of development activities shall nat occur until clearance is
provided by the Butte County Department of Development Services. Should human
skeletal remains be encountered, State law requires immediate notification of the
County Coroner. Should the County Caraner determine that such remains are in an
archaeological context, the Native American Heritage Commission in Sacramento
shall be notified immediately, pursuant to State law, to arrange for Native American
participation in determining the disposition of such remains. (Mitigation Measure
#3)
Plan Requirements: This note shall be shown on all site development and building
plans.
Timing: This measure shall be implemented during all site development activities.
Monitoring: Should cultural resources be discovered, the landowner shall notify the
Planning Division and a professional archaeologist. The Planning Division shall
coordinate with the developer and appropriate authorities to avoid damage to cultural
resources and determine appropriate action.
~. Access to all parts of the facility shall he provided to emergency vehicles at all times.
Entrances to the facility on Feather Avenue, 12`h Street, and Corona Avenue shall be
available for the use of responding emergency vehicles. (Mitigation Measure #4)
Plan Requirements: This note shall be shown on all site development and building
plans.
Timing: This measure shall be implemented during all site development activities
and operation.
Monitoring: The Department of Development Services shall ensure compliance in
cooperation with Butte County Fire and local agencies.
5. A Conditional Zoning Agreement, between the County and applicant, shall limit the
use of the proposed C-2 zone to the uses specified within the Use Permit project
description as follows {Mitigation Measure #6):
'T'his C-2 (General Commercial} zone is restricted to the following uses:
a. Light. manufacturing uses and a 520 sq.ft. welding shop accessory
to the Cultural Studio and Livelwork Units, as provided for under the
C-2 (General Commercial) zone.
b. 12 multiple family dwellings with (9) to be occupied as livetwork
dwelling units in conjunction and accessory to the Cultural Studio, (1)
to be used as an owner occupied residence, (1) guest residence, and
(1) caretaker's residence. The livetwork dwelling units to be leased
to artisans and craftsman who would live and work on site.
c. The applicant to utilise the existing buildings at the site and
modernize them where needed. Utilities, concrete flooring,
aluminum siding, roofing, and insulation would be repaired or added
as necessary.
d. Additional building construction would be limited to the guest
residence to be located above the concrete parking area adjacent to
the four story tower building, a public restroom building adjacent to
the proposed outdoor gallery, and the outdoor enclosure associated
with the outdoor gallery.
e. Renovations are proposed to remain in keeping with the themes
established by the historical use of the site as an olive oil refinery and
railroad depot.
f. Existing industrial equipment associated with the old refinery to be
removed, cleaned and situated indoors and outdoors as historical art
pieces.
g. A small museum displaying old refinery equipment with references to
historical uses.
h. Facility to be open to the public far special events and exhibits which
would showcase produced artwork and crafts. These events would
take place in an indoor and outdoor gallery.
i. A 25-space parking area would be provided for live/work residents
and their guests with access from Feather Avenue at locations
approved by the Department of Public Works.
j. All special events shall be subject to the approval of an administrative
permit pursuant to Butte County Code Section 24-300.
k. An additional 15-space parking area would be provided with access to
Corona Avenue for special events. This area would be allowed to be
used as a staging area for deliveries when special events are nat being
held.
1. Zone to be subject to all conditions and mitigation measures placed
upon the Use Permit.
Plan Requirements: Comply with the Conditional Zoning Agreement at alt
times during construction and operation.
Timing: Conditional Zoning Agreement to be signed by the applicant and
County prior to Board of Supervisor approval of rezone ordinance and General
Plan Amendment.
Monitoring: The Department of Development Services shat l ensure compliance.
6. Prior to Use Permit issuance the applicant shall obtain awill-serve letter from the
Thermalito Irrigation District to ensure that water and sewer service can be provided
to the proposed use and livelwork dwelling units.
Building Division
~. Building Permits Required. Prepare four sets of construction plans and make an
application for permit. Construction shall comply with federal, state, and local
regulations. Plans shall be prepared, sealed and signed by a California Licensed
Architect or Registered Engineer for non-residential buildings and certain residential
buildings.
Public Works Department
8. Obtain encroachment permit for ail new or existing driveway approaches and
construct them to County standards, as specified in County Improvement Standards.
The exit located close to the corner of Feather Avenue and 12th Street may cause
traffic problems. Department of Public Works requires that the exit be relocated
farther from the intersection.
9. Deed to Butte County, in fee simple, 30 feet of right-of-way from the centerline of
12t" Street, Feather Avenue, and Corona Avenue along the entire property frontage.
The right of way shall be sufficient for the installation of Standard No. S-5 at all
street intersections.
10. Prior to the issuance of building permits for new buildings submit road and drainage
improvement plans for the installation and construction of the street frontage
improvements on 12`" Street, Feather Avenue, and Corona Avenue to RS-2A
Standard, including but not limited to P.C.C. curb, gutter and sidewalk and the
required street section. Construct or install the required improvements.
11. Perimeter fence shall provide adequate sight distance per County fencing
requirements at returns on 12th StreetlFeather Avenue, at 12th Street/Corona Avenue,
and at driveway approaches.
12. Prior to the issuance of building permits for any new buildings a plan for a permanent
solution for drainage shall be submitted to and approved by the Department of Public
Works. The drainage plans shall specify how drainage waters shall be detained on
site and. or conveyed to the nearest natural or publicly maintained drainage channel or
facility and shall provide that there shall be no increase in the peak flow runoff to
said channel or facility. (Mitigation Measure #5)
Plan Requirements: The applicant shall submit the required drainage plan to the
Public Works Department for review and approval.
Timing: The drainage plan shall be approved prior to the approval of any new
building permit.
Monitoring: The Department of Public Works shall be responsible for ensuc-ing
compliance with this mitigation.
Butte County Fire Department/CDI~
13. Perform the following to the satisfaction of the California Department of Forestry:
a. Building identification andlor addresses shall be installed in conformance with
Public Resources Code 4290 and shall be posted at the beginning of building
construction and maintained continuously thereafter.
b. A pressurized community water system for fire protection is required. The
specific locations and fire flow requirements shall be in accordance with the Fire
Department specifications and to the satisfaction of the County Fire Chief.
Average required hydrant spacing 300 feet, hydrant size 6 inches, and residual
fire flow 2000 gpm. Submit plans to the Fire Department for review and
approval prior to construction of facilities.
e. Provide plans and specifications to the Butte County Fire Marshal to determine
compliance with fire and life safety standards of Titles 19 and 24, California
Code of Regulations, (Mitigation Measure #7)
Plan Requirements: Requirements shall be complied with during all times of
construction and operation.
Timing: Requirements shall be applicable prior to ail operations.
Monitoring: The Department of Development Services shall ensure compliance in
conjunction with Butte County Fire.
14. Install a replacement fire hydrant on the 8-inch water main an Corona Avenue at
entrance near Building "N".
1 ~. "hl~c cxistiu~; lira sln~inklcr systcni is to lac extended into units A, 13, C, and D iu
accordance with NhI'.g 13 Standard for lire sprinkler insts~llatir~ns.
CountYCounsel
16, If this entire matter or any finding, action or condition of this matter is appealed to
the Board of Supervisors, the applicant or any other deveioperloperator other than the
applicant agrees to indemnify the County of Butte from liability or loss related to the
approval of this project and agrees to sign an indemnification agreement in a form
approved by County Counsel before the Board's appeal hearing. If the application is
not appealed, this condition is deemed satisfied.
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 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 WHEKEOF, the parties hereto have executed this Agreement
the day and year first above written.
Dated By:
Steve Seidengianz,
Villa D'Oro Properties, LLC
COUNTY OF BUTTE, a political
subdivision of the State of California
Dated: By:
Bob Beeler, Chair
Butte County Board. of Supervisors
[Attach Notary form]
K:APlmmin~APROJECTS\GPA-R7~Seidenglanz.03-Q3\Seidenglanz (`"l_A.doc