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HomeMy WebLinkAbout3990l 4 5 ~; 7 8 9 10 ORDINANCE NO. 3990 AN ORDINANCE AMENDING ORDINANCE NO. 3374 ZONING A PORTION OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, A PUD (PLANNED UNIT DEVELOPMENT) 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, 11 ORDAINS as follows: l2 1~ 14 1> l6 17 18 19 20 21 22 ~; 24 3~ 26 ~7 ~g 29 SECTION 1. The hereinafter described area situated in the County of Butte, State of California, shall be and it is hereby zoned as a PUD (Planned Unit Development) District, and such area shall be subject to the restrictions and restricted uses and regulations pursuant to Butte County Code Section 24-210. Said area so zoned being located in the unincorporated area of Butte County, more particularly described as follows: All that certain real property situated in the State of California, County of Butte, described as follows: Lots 1 through 13, as shown on the Durham Green Phase 2 Subdivision, recorded in the Office of the Recorder of the County of Butte, State of California, on February 12, 1999, in Book 146 of Maps, at Pages 66 through 68. SECTION 2. The use and development of said property zoned "PUD" shall be in accord with the development plan submitted by the applicant, as conditioned and incorporated herein by reference. Conditions of 30 approval are as shown on a memo to the Board of Supervisors dated October ] 28, 1997. Said conditioned development plan collectively consists of the following documents: 3 a. Development Plan (showing the location of lots, streets, ~ structure footprints, and other major features of the ~ project). 6 b. Sanitary sewage disposal area. 7 c. Grading and drainage plan. 8 SECTION 3. Notwithstanding the provisions of Chapter 24- 9 210 of the Butte County Code the following provisions shall govern the use and 10 development of said property: 11 a. Lots 1-12 as shown on the development plan shall allow 1 ? only uses and activities consistent with SR (Suburban 13 Residential) zoning designation as currently identified 14 with Section 24-135 (A) & {B) of the Butte County Code. 15 b. Lot 13 shall allow the following activities provided that 16 associated construction will not adversely affect the 17 status as a structure on the National Register of 18 Historical Places, documented by a historical 19 professional qualified to evaluate the site and proposed ?0 modifications: 1 (1) Uses and activities consistent with SR 22 (Suburban Residential) zoning designation as I currently identified with Section 24-135 (A) & 2 (B) of the Butte Gounty Code (2) Abed and breakfast home as a permitted use 4 (3) Wedding facility as a use allowed subject to the issuance of a use permit for the parcel. 6 7 c. All uses and activities with the development shall be 8 subject to Section 24-240 of the Butte County Code 9 parking regulations. Future use permits and other 10 discretionary approvals shall be subject to parking 1 I regulations in effect at the time the discretionary permit is 12 issued. 1 ~ d. All uses and activities with the development shall be I ~ performed in accordance with State and Federal laws 1 S and guidelines regarding historical resources, and shall 16 not cause or contribute to the home being removed from 17 the National Register of Historical Places. I8 SECTION 4. In the event the lots are offered far sale, the 19 developer shall establish a property owner's association to be responsible for the 20 maintenance and upkeep of the utilities, roads, landscaping, and all other 21 property owned in common. The developer shall assume responsibility for the 22 unsold, remaining memberships until such time as the property owner's 23 association can reasonably assume the financial responsibilities for the 24 maintenance and upkeep of the utilities, roads, and all other real property owned 1 in common. To ensure that the property owner's association is adequately 2 formed to meet these responsibilities, the developer shall submit copies of said 3 homeowners association agreement to the Butte County Planning Department 4 for review and approval prior to the recordation of any subsequent map ~ authorizing the sale of any real property in conjunction with this development. Ei SECTION 5. This Ordinance shall be and it is hereby 7 declared to be in full force and effect from and after thirty {30) days after the date 8 of its passage, and before the expiration of fifteen {15} days after its passage, 9 this Ordinance shall be published once with the names of the members of the 10 Board of Supervisors voting for and against it in the Chico Enterprise Record, a 11 newspaper published in the County of Butte, State of California. Y2 This ordinance supersedes Ordinance No. 3374 passed and 1 ~ adopted on the 9t" day of December, 1997, by the Board of Supervisors. 1~ PASSED AND ADOPTED by the Board of Supervisors of the ~ County of Butte, State of California, on the 19th day of August, 2008, by the 1E following vote: 17 AYES: Supervisors Connelly, Dolan, Yamaguchi, Kirk and Chair Josiassen 18 NOES: None 19 ABSENT: None 20 NOT VOTING: None 21 ~~ ~; 4 i 6 7 8 9 1~ 11 l2 l3 ~~ is 16 ATTEST j~~ /~, a _- `~~. CURT JOSIASSEN, CHAIR Butte County Board of Supervisors r~' C. BRIAN HADQ~~Chief Administrative"~",,- CJfficerand, lerl~of he Board ,-~'~~ -~~~~ ~j ~ B ,~~~ ~ ,- v ~7 ,p t~ i~ G' ~l. 5