HomeMy WebLinkAbout4096 1 Ordinance No. 4096
2 AN ORDINANCE ZONING A PORTION OF THE COUNTY OF BUTTE, STATE OF
3 CALIFORNIA, HIGH DENSITY RESIDENTIAL AND VERY HIGH DENSITY
4 RESIDENTIAL DISTRICTS PURSUANT TO BUTTE COUNTY CODE CHAPTER 24,
5 ARTICLE 38 ZONING ORDINANCE AMENDMENTS
6
7 The Board of Supervisors of the County of Butte, State of California, under and pursuant to
8 Chapter 24, Article 38, Zoning Ordinance Amendments of the Butte County Code, ORDAINS,
9 as follows:
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11 SECTION 1. The hereinafter described approximately 26.8-acre area situated in the County of
12 Butte, State of California, shall be and it is hereby zoned as High Density Residential (HDR) and
13 the approximately 6.3-acre area shall be and is hereby zoned Very High Density Residential
14 (VHDR), and such area shall be subject to the restrictions and restricted uses and regulations
15 pursuant to Butte County Code Chapter 24, Division 3 —Residential Zones.
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17 SECTION 2. Said approximately 33.1-acre area(26.8 acres of HDR and 6.3 acres of VHDR) so
18 zoned being located in the unincorporated area of Butte County, on the northern portion of Butte
19 County Assessor's Parcel Number 025-360-001 generally located west of Highway 70, south of
20 the intersection of Pacific Heights and Highway 70, south of the City of Oroville. Said area so
21 zoned is shown on the attached EXHIBIT "A".
22
23 SECTION 3. Pursuant to Chapter 24, Article 38, Section 24-275, the proposed amendment is
24 consistent with the General Plan and any applicable community or specific plan as provided by
25 Government Code Section 65860. The proposed amendment will not be detrimental to the
26 public interest, health, safety, or welfare of the county. The affected site is physically suitable in
27 terms of design, location, shape, size, and other characteristics to ensure that the proposed uses
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I and development will not endanger,jeopardize, or otherwise constitute a hazard to the property,
2 surrounding properties, and the community at large.
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4 SECTION 4. Specific findings under Chapter 24, Article 4, Section 24-14(E) for rezoning a
5 portion of the property from Agriculture— 80 (AG-80) to HDR and VHDR are not required
6 because the property was within the Specific Plan to be Developed General Plan Overlay. The
7 Agriculture Land Use designation and AG-80 zoning is intended to maintain the parcel size until
8 a specific plan is approved. It is a land use planning strategy that provides an interim use, and
9 prevents additional subdivision of the property,prior to development of the property in
10 accordance with the General Plan. Therefore the criteria for rezoning Agricultural lands under
11 Butte County Code Section 24-14 (E) are not applicable for lands designated Specific Plan to be
12 Developed Overlay in General Plan 2030 because lands within this Overlay are intended to be
13 rezoned consistent with the vision of General Plan 2030.
14
15 SECTION 5. Severability. If any provision of this Ordinance or the application thereof to any
16 person or circumstances is for any reason held to be invalid by a court of competent jurisdiction,
17 such provision shall be deemed severable and the invalidity thereof shall not affect the remaining
18 provisions or other applications of the Ordinance which can be given effect without the invalid
19 provision or application thereof.
20
21 SECTION 6. Effective Date and Publication. This Ordinance shall be and it is hereby
22 declared to be in full force and effect from and after thirty (30) days after the date of its passage,
23 and before the expiration of fifteen(15) days after its passage, this Ordinance shall be published
24 once with the names of the members of the Board of Supervisors voting for and against it in the
25 Chico Enterprise Record/Oroville Mercury Register, a newspaper published in the County of
26 Butte, State of California.
27
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2
I DULY PASSED AND ADOPTED this 19th day of May, 2015, by the following vote:
2
3 AYES: Supervisors Connelly, Wahl, Kirk, Lambert and Chair Teeter
4 NOES: None
5 ABSENT: None
6 ABSTAIN: None
7
8 Doug Teeter, Chair
Butte County Board of Supervisors
9
10
ATTEST:
II / 7
//
12
Pau H4m , Chief Administrative Officer and
13
Clerk pf the Board
14 County of Butte, State of California
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Imagery provided by ESR/and its licensors @ 2013.
Parcel data from Butte County,2013 and
CSU Chico,2013.
'15-0'1 02 Exhibit A
County of Butte
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