Loading...
HomeMy WebLinkAbout3942ORDINANCE NO. 3942 AN ORDINANCE ZONING A PORTION OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, A C-2 (GENERAL COMMERCIAL) 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 a 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 24-125. Said area so zoned being located in the unincorporated- area of Butte County, more particularly described as follows: Parcel 1 All that portion of the west half of Section 27, Township 21 North, Range 3 East, M.D.B. & M., lying westerly of the centerline of Clark Road and southerly of that certain parcel of land described in deed to Butte Junior College District, Recorded June 9, 1971, in Book 1650, Page 187, Official Records. Parcel 2 A portion of the East Half of the Southeast Quarter of Section 28, Township 21 North, Range 3 East, M.D.B. & M., more particularly described as follows: Beginning at the point of intersection of the East Line of said Section 28 with the centerline of Old Pentz Road, as said Road existed on January 1, 1970, from said point of beginning, the Southeast Corner of said Section 28 bears South 0° 00' 42" West 602.4 feet; Thence South 87° 51' S5" West along the centerline of said Old Pentz Road 331.84 feet; Thence North 15° 40' East parallel with the centerline of State Highway 191 (Clark Road) 1128.9 feet to the said east line of Section 28; Thence South 0° 00' 42" West along said east line of Section 28, a distance of 1170.88 feet to the point of beginning. SECTIDN 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 1 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 Oroville Mercury Register, 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 24`h day of October, 2006, by the following vote: AYES: Supervisors Connelly, Houx, Yamaguchi and Chair Josiassen NOES: Superv~,sor Dolan ABSENT: None NOT VOTING: None ATTEST: PAUL MCINTOSH, Chief Administrative Officer and Clerk of the Board of Supervisors By: Deputy CURT OSIASSEN, CHAIR County Board of Supervisors Pursuant to Government Code Section 25124(c): Publication date -- December 5, 2DDb Effective date -- January 4, 2007 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 24xh day of October, 2006, by and between Don Wallrich and Gary Katz, herein called "Owners", and the COUNTY OF BUTTE, a political subdivision of the State of California, herein called "County". WITNESSETH WHEREAS, Owner is the "Property", situated in the County of Butte, Property is described as follows: owner of real property, herein called the APN 041-120-088 and 041-130-040, which All that certain real property situated in the County of Butte, State of California, being more particularly described as follows: Parcel 1 All that portion of the west half of Section 27, Township 21 North, Range 3 East, M.D.B. & M., lying westerly of the centerline of Clark Road and southerly of that certain parcel of land described in deed to Butte Junior College District, Recorded June 9, 1971, in Book 1680, Page 1$7, Official Retards. Parcel 2 A portion of the East Half of the Southeast Quarter of Section 28, Township 21 North, Range 3 East, M.D.B. & M., more particularly described as follows: Beginning at the point of intersection of the East Line of said Section 28 with the centerline of Oid Pentz Road, as said Road existed on January 1, 1970, from said point of beginning, the Southeast Corner of said Section 28 bears South 0° 00' 42" West 602.4 feet; Thence South 87° 51' S5" West along the centerline of said Old Pentz Road 331.84 feet; Thence North 15° 40' East parallel with the centerline of State Highway 191 (Clark Road) 1128.9 feet to the said east line of Section 28; Thence South 0° 00' 42" West along said east line of Section 28, a distance of 1170.88 feet to the paint of beginning. WHEREAS, the Property is now zoned A-160 (Agricultural 160-acre minimum parcel size) and is designated as GOL (Grazing and Open Lands) by the Butte County General Plan; and WHEREAS, Owner has applied for General Plan Amendment from GOL (Grazing and Open Land) to C (Commercial) and a Rezone from A-160 to C-2 {General Commercial); and WHEREAS, public hearings have been held upon said application before the Board of Supervisors of the County of Butte, State of California, and after having considered the matter presented, the Board has determined that certain conditions to the zoning reclassification of said real property must be imposed so as not to create any problems inimical to the health, safety and the general welfare of the County of Butte. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED that this Agreement establishes the conditional reclassification of Property to C-2 pursuant to Butte County Code Section 24-25.40 (c), between the property owner and County of Butte, subject to the following provisions: I. This Agreement is contingent upon and includes the following conditions: 1. Mitigation Measures #1 though #1$ of the Initial Study are herein made conditions of this Agreement by reference. 2. Prior to the issuance of any development permits, including and not limited to building permits, septic permits and well permits, a wetland delineation shall be verified and all necessary permits obtained by the US Army Corps of Engineers. Also prior to the issuance of any develapment permits, including and not limited to building permits, septic permits and well permits, Butte County Development Services Department shall ensure that all measures necessary far the mitigation and avoidance of wetland impacts are undertaken or incorporated into permit specifications far the project. 3. Prior to the issuance of the first building permit, a site development plan far the project site, including parking and landscape plan, shall be approved by the Butte County Planning Commission. Based on the proposed land uses and square footage of development identified in the site develapment plan, a traffic study shall be prepared to determine transportation improvements (or fair share payment of fees) needed to ensure adequate levels of SerV1Ce. 2 4. Prior to the issuance of building permits, obtain an encroachment permit and improve all new anal existing driveway approaches to publicly maintained roads as specified in the County Improvement Standards and the terms of the encroachment permit. Durham Pentz Road and Circle 4 Court are maintained by the County. Clark Road is maintained by Caltrans. 5. Prior to the issuance of building permits, deed to Butte County in fee simple 40 feet ofright-of--way from the centerline of Durham Pentz Road along the entire property frontage and 30 feet of right-of--way from the centerline of Circle 4 Court along the entire property frontage. Prior to the ;issuance of building permits, deed to Caltrans or Butte County in fee simple 40 feet of right-of- way from the centerline of Clark Road along the entire property frontage. The right-of way shall be sufficient for the installation of Improvement Standazd No. S-S at all street intersections. 6. Prior to the issuance of building permits, construct or provide a performance bond and labor and material bond for the construction of a 1/2+12' street section on Durham Pentz Road and Circle 4 Court to an RS-3A geometric standard. Minimum structural section to be 4" AC and 15" AB on Durham Pentz Road and 3" AC and 12" AB on Circle 4 Court, prime coat, fog seal and 95 % relative compaction. Submit design to Land Development Division for approval prior to construction. "R" value determination and other data may be required to support the section design. 7. Prior to the issuance of building permits, relinquish abutter's rights of access to Butte County along the Durham Pentz Road frontage of parcel and relinquish abutter's rights of access to Caltrans or Butte County along the Clark Road frontage of parcel, except at approved access points. 8. Prior to the issuance of building permits, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall detail existing drainage conditions and shall specify how drainage waters shall be detained or retained on- site andl or conveyed to the neazest 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. II. This conditional reclassification of the property to C-2 precludes the entitlement or construction of the following land uses: 3 1. Adult hotels and motels, massage parlors, and all adult- orientedbusiness regulated under Chapter 15 of the Butte County Code. 2. Residential uses, except where residential uses are on the second story or higher, and located above commercial, office, or professional space on the ground floor. 3. Industrial and manufacturing uses, except for educational purposes in association with Butte Community College. 4. Bars, cocktail lounges, and liquor stares. Restaurants serving alcohol consistent with the provisions of the State Office of Alcohol and Beverage Control are not precluded by this provision. 5. Used car sales and auto-repair facilities. 6. Seventy Percent (70%) of developable land as Mini-storage and warehousing facilities and overnight, outdoor storage. 7. Recycling facilities and reverse vending machines. III. 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 IV, 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. N. 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 an the current tax roll. V. 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. VI. 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. VII. If this entire matter, including the Resolution amending the General Plan, or any finding, action or condition of this matter is appealed, the applicant or any other developerlaperatar 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. 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. Dated: Dated: Dated: By: Don WaXlrich, Owner By: Gary Katz COUNTY OF BUTTE, a political subdivision of the State of California By: CURT JOSIASSEN, Chair Butte County Board of Supervisors jAttach Notary form]