HomeMy WebLinkAbout4054Ordinance No. 4054
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AN ORDINANCE ZONING A PORTION OF THE COUNTY OF BUTTE, STATE OF
CALIFORNIA, A RECREATION COMMERCIAL OVERLAY (-REC) DISTRICT
PURSUANT TO BUTTE COUNTY CODE CHAPTER 24, ARTICLE 38 ZONING
ORDINANCE AMENDMENTS
The Board of Supervisors of the County of Butte, State of California, under and pursuant to
Chapter 24, Section 38 Zoning Ordinance Amendments of the Butte County Code, ORDAINS,
as follows:
SECTION 1. The hereinafter described approximately 498-acre area situated in the County of
Butte, State of California, shall be and it is hereby additionally zoned as Recreation Commercial
Overlay (-REC), and such area shall be subject to the restrictions and restricted uses and
regulations pursuant to Butte County Code Chapter 24, Article 10, Sections 24-33 and 24-40 and
the underlying zones of AG-80 (Agriculture, 80-acre minimum) and FR-40 (Foothill Residential,
40-acre minimum) found in Chapter 24, Article 4 and Article 6, as well as a Conditional Zoning
Agreement.
SECTION 2. Said approximately 498-acre area so zoned being located in the unincorporated
area of Butte County, described as portions of Butte County Assessor's Parcel Numbers 072-
180-014, 072-180-053, 072-180-054 and 072-570-001 generally located east of Highway 162,
north of Forbestown Road, west of Stringtown Road. Said area so zoned is shown on the
attached EXHIBIT "A".
SECTION 3. Conditional Zoning. The zoning reclassification enacted by this ordinance is
subject to condition(s) imposed pursuant to Butte County Code Section 24-275, subsections (C).
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 "B". The description of the property which is the subject of this rezoning
shall be the same in the Agreement as set forth in Section 2 above. The Chair of the Board of
Supervisors is authorized and directed to sign the Agreement on behalf of the County of Butte.
SECTION 4. Pursuant to Chapter 24, Article 38, Section 24-275, the proposed amendment is
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consistent with the General Plan and any applicable community or specific plan as provided by
Government Code Section 65860. The proposed amendment will not be detrimental to the
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public interest, health, safety, or welfare of the county when restricted as set forth in the
Conditional Zoning Agreement. The affected site is physically suitable in terms of design,
location, shape, size, and other characteristics to ensure that the proposed uses and development
will not endanger, jeopardize, or otherwise constitute a hazard to the property, surrounding
properties, and the community at large, provided the uses are limited to those described in the
project description of the Final EIR.
SECTION 5. Pursuant to Chapter 24, Article 4, Section 24-14(E) the subject parcels are adjacent
to uses other than agriculture or agricultural support uses; the rezoning will not be detrimental to
existing agricultural operations; the subject parcels are adjacent to existing development or urban
infrastructure and conversion will constitute a logical contiguous extension of a designated urban
area; no feasible development alternative exists that is less detrimental to agriculture; full
mitigation of impacts to the extent allowed under the law is provided, including, but not limited
to, roads, drainage, schools, fire protection, law enforcement, recreation, sewage, and lighting, as
established by the Board of Supervisors; the subject parcels are not subject to a contract with the
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County pursuant to the Williamson Act; and the rezoning will not otherwise interfere with a
Butte County General Plan policy, including the Chico Area Greenline policies.
SECTION 6. This Ordinance shall be and it is hereby declared to be in full force and effect fror
and after thirty (30) days after the date of its passage, and before the expiration of fifteen (IS)
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 23rd day of April, 2013, by the following vote:
AYES: Supervisors Wahl, Kirk, Lambert, Teeter, and Chair Connelly
NOES: None
ABSENT: None
ABSTAIN: None
I ATTES'p`
Paul
Clerk the Board
County of Butte, State of
1~ ~t~0~.
Bill Connelly, Chair
Butte County Board of Supervisors
and
Z
COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
Clerk of the Board of Supervisors
WHEN RECORDED RETURN TO:
Clerk of the Board
25 County Center Drive, Suite 200
Oroville, CA 95965
i;l. F:t nT {;Cilil':iai=: !°E;(;0?':~t`is
2-M~ '013 2013-0017645
Has not been compared with
original
BUTTE COUNTY RECORDER
Document Title(s):
Conditional Zoning Agreement
Between
County of Butte and Loafer Creek, LLC
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording fee applies)
County of Butte
And When Recorded Return to
Clerk of the Board of Supervisors
25 County Center Drive
Oroville, CA 95965
EXInsIT B
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made this 23rd day of April, 2013, by and between
Loafer Creek, LLC, herein called "Owners", and the COUNTY OF BUTTE, a political
subdivision of the State of California, herein called "County".
WITNESSETH
WHEREAS, Owner is the owner of real property, herein called the "Property",
situated in the County of Butte, of a 498-acre area located in the unincorporated area of Butte
County, described as portions of Butte County Assessor's Parcel Numbers 072-180-014, 072-
180-053, 072-180-054 and 072-570-001 generally located east of Highway 162, north of
Forbestown Road, west of Sttingtown Road shown in the Rezone Ordinance EXHIBIT A.
WHEREAS, the Property is now zoned AG-80 (Agriculture, 80-acre minimum)
and FR-40 (Foothill Residential, 40-acre minimum) and is designated as Agriculture and Foothill
Residential, respectively, by the Butte County General Plan; and
WHEREAS, Owner has applied for Use Permit 12-0006 for the Whisper Ridge
Golf Resort at Lake Oroville; and
WHEREAS, public hearings have been held upon said application before the
Board of Supervisors of the County of Butte, State of California, pursuant to Butte County Code
Chapter 24, Article 38, 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 Mi1TUALLY UNDERSTOOD AND AGREED
that this Agreement establishes the conditional reclassification of Properly to -REC, (Recreation
Commercial Overlay) pursuant to Butte County Code Chapter 24, Article 10, Sections 24-33 and
24-40, between the properly owner and County of Butte, subject to the following provisions:
This Agreement is contingent upon and includes the following
conditions:
1. Mitigation Measures in the Final EIIi (SCH#2012102036) are
herein made conditions of this Agreement by reference.
2. Conditions of Approval on Use Permit 12-0006 are herein made
conditions of this Agreement by reference.
3. Uses in the Recreation Commercial Overlay zone that may be
practiced on the property pursuant to this Rezone aze limited to those
described in the Project Description, as evaluated in the Final EIR.
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 Pazagraph N, the Board of Supervisors
of County may instruct the County Counsel to institute legal proceedings to enforce the
provisions of this Agreement. The Boazd 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.
N. 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: y~~. a ~. ~ i 3 BY~
'ch Atto
Loafer Creek, LLC
COUNTY OF BUTTE, a political
subdivision of the State of California
Dated: ~ 013 By: N~
BILL CONNELLY, air
Butte County Board of Supervisors
[Attach Notary form]
2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF California
COUN~1' O\FlButte
On 1~~ C 1~
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File No: Q
APN No:
before me, ANGELA D P1AS'PELOTTO ,Notary Public, personally appeared
who proved to me on the basis of satisfactory evitlerice
instrument and acknowledged to me that he/she/they ~xi
his/her/their signature(s) on the instrument the person(s),
instrument.
to be the person(s) whose name(s) is/are suoscnoeo to me w¢nm
cuted the same in his/her/their authorized capacity(ies), and that by
or the entity upon behalf of which the person(s) acted, executed the
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and offcial seal. ~ n n
~ A'~1 NGELA D. MASTELOTTO
Signatur \ ~ Commissia+#1907073 ~~
' o. Notary Public - Celifomia v>
~ Butte County
My Comm. Exp. OCT. 22, 2014
This area for ofFcial notarial seal.
OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the
documents.
INDIVIDUAL
CORPORATE OFFICER(S) TITLE(S)
PARTNER(S) ^ LIMITED ^ GENERAL
ATTORNEY-IN-FACT
0 TRUSTEE(S)
GUARDIAN/CONSERVATOR
0 OTHER
SIGNER IS REPRESENTING:
Name of Person or Entity Name of Person or Entity
OPTIONAL SECTION
Though the data requested here is not required by law, it cduld prevent fraudulent reattachment of this form.
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW
TITLE OR TYPE OF DOCUMENT:
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE ReprotluceA by Mid Valley Title & Escrow Company 11/200]
ACKNOWLEDGMENT
State of California
County of Butte )
On /"~ ~! ~.~ ~ ~ before me, K. Moghannam, Notary Public
f (insert name and title of the officer)
personally appeared ~~~ ~d~~~`
who proved to me on the basis of satisfactory evide ce to be the person whose name Is re
subscribed to the within instrument d acknowled to me that he/sh fthey executed he same in
his/her/th it authorized capacityand that byer/their signature~on the instrument the
person/(~or the entity upon be alf of which the person(,s~acted, executed the instrument.
I certl`f~y under PENALTY OF PERJURY under the laws((of the State of California that the foregoing
paragraph is true and correct.
++.W.~,r
K. MOGHANNAM
WITNESS my hand official seal. Commission • 1895941
Notary Public -California =
% / = Butte County
My Comm. Expires Jul 18, 2014
Signature ~ (Seal)
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