HomeMy WebLinkAbout4007ORDINANCE NO. 4007
AN ORDINANCE ZONING A PORTION OF THE COUNTY OF BUTTE, STATE
OF CALIFORNIA, AN SR-1 {Suburban Residential One Acre Minimur-~ Parcel)
DISTRICT, PURSUANT TO SECTION 24-25.40.
The Board of Supervisors of the County ofButte, State of California, under and pursuant
to Section 24-25.40 of the Butte County Code, ORDAINS, as follows:
SECTION 1. The hereinafter described approximately 4.43-acre area situated in the
County of Butte, State of California, shall be and it is hereby zoned as an SR-1 (Suburban
Residential one-acre minimum parcel) District, and such area shall be subject to the
restrictions and restricted uses and regulations pursuant to Butte County Code Section 24-
1.35.
SECTION 2. Said approximately 4.43-acre area so zoned being located in the
unincorporated area of Butte County, described as Butte County Assessor's Parcel
Numbers 039-260-060 (approximately 3.13-acre) and 039-260-059 (approximately 1.3-
acres) immediately north of the unincorporated community of Dayton. Said area so zoned
being located in the unincorporated area of Butte County, more particularly described in
EXHIBIT "A" here attached.
SECTION 3. The Board of Supervisors adopts a Mitigated Negative Declaration with
the following findings:
A. An Initial Study was completed in compliance with the California
Environmental Quality Act. Said study did not identify any significant
environmental effects.
B. The Board of Supervisors has considered the Mitigated Negative
Declaration, together with comments received during the review process.
C. On the basis of the whole record before the Board, including the Initial
Study and any comments received, there is no substantial evidence that
General Plan Amendment-Rezone GPA-REZ 04N-04 would have a
significant effect on the environment. The custodian of the record is the
Land Development Division of the Public Works Department. The
location of the record is 7 County Center Drive, Oroville CA 95965.
D. The Mitigated Negative Declaration reflects the independent judgment and
analysis of the County, which is the Lead Agency.
SECTION 4. The collection of fees pursuant to Fish and Game Code Section 711.4 was
required and said fees were paid prior to filing a Notice of Determination for the project
on September 1, 2009.
SECTION 5. The zoning reclassification enacted by this ordinance is subject to
condition(s) imposed pursuant to Butte County Code Section 24-25.40. Said conditions
are as follows:
EXHIBIT A
LEGAL DESCRIPTION OF LAND
The land referred to herein to be rezoned as SR-1 (Suburban Residential one-acre
minimum parcel) district is described as all that certain real property situated in the
County of Butte, State or California, described as follows:
Parcel 1, as shown on that certain parcel map, recorded in the office of the
recorder of the county of butte, state of California, on November 25, 1990, in
book 128 of maps, at page(s) 80, 81 and 82.
AP N0.039-260-059
Parcel 2
Being a portion of Section 28, T. 21 N., R.1 E and all of Parcel 2, as shown on that certain
Parcel Map, recorded in the Office of the Recorder of the County of Butte, State of
California, in Book 128 of Maps, at Pages 80, $1, and 82, more particularly described as
follows:
BEGINIv1lNG at the northwesterly corner of said Parcel 2;
THENCE along the northerly line of said Parcel 2, scud line also being the southerly line
of Dayton Cemetery as shown on said Parcel Map, South 89°27'43" East a distance of
424.6b feet, to the northeasterly carn;er of said Parcel 2 and a point on the northwesterly
right-of--way line of and Ferry Road;
THENCE along tFie southeasterly line of said Parcel 2 and said northwesterlyright-of-
way lime of said t7rd Ferry Road, South 46°24'1" West a distance of bS3.29 feet;
THENCE, South 47°44'39" West a distance of 91.$7 feet, to the southerly corner of said
Parcel 2;
THENCE leaving said northwesterly right of way line of said Qrd Ferry Road, along the
southwesterly line of said Parcael 2, North 43°59'39" West a distance of 5617 to the
southwesterly corner of said Parcel 2;
THENCE leaving said southwesterly line of said Parcel2, North 71°54'32" West a
distance of 3Q.QQ feet to a point on the centerline of Reinemer Roars as shown on said
Parcel Map;
THENCE along said eenterliue of said Reinemer Roacl, North 18°45'28" East a distance
of 540.62 feet;
AP NO.039-260-060
A. Lots 1-3 of approved tentative subdivision map TSM08-0007, also described
as APN 039-260-060, are restricted to development of one residence only on
each lot.
B. Lots 1 ~3 of approved tentative subdivision map TSM08-0007, also described
as APN 439-260-060 must take access off of Reincmer Road only"
SECTION b. 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 f fteen (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/Oroville Mercury Register, a newspaper published in the
County of Butte, State of California.
DULY PASSED AND ADOPTED this 13th Day of October, 2009, by the following
vote:
AYES: Supervisors Dolan, Kirk, Lambert, Yamaguchi, and Chair Conneliy
NOES: None
ABSENT: None
ABSTAIN: None
4~'~~
Bill Conz~.elly, Chair
Butte County Board of Supervisors
ATTEST:
Gre o . T! 'a, Interim Chief
Adrr~ i r ive officer and Clerk of/the Board
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