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HomeMy WebLinkAbout86-083w~;+ ~~~ ," ': # GOl]NTY OF'~BUTTE; `STATE OF CALIFORNIA ~~ , ,~ ~s .,~, ~,. +y~a ~; ;, ~esojufian 1110. $~-$~ RESOL~ITION FOR AN AGREEMENT RELATING TO RECLASSIFICATION OF ZONE FOR RIGHARD PETERS BE IT RESOLVED AND ORDERED that the Chairman of the Board of Supervisors be and is hereby authorized and directed to execute an agreement on behalf of the County of Butte relating to ree~ssficstion... of zoning with: RICHARD PETERS and to do and perform everything necessary to carry out the purpose of this resolution. PASSED AND ADOPTED by the Butte County Board of Supervisors on the i7th day of June, 198b, by the following vote: AYES: Supervisors Dolan, Fulton, Nlcinturf, Wheeler and Chairman Mc~augh7in NOES: done ABSENT: None NOT VOTING: None C ED MC GHLIN, CHA Butte County Board of Supervisors ATTEST: MARTIN J. NICHOLS, Chief Administrative Officer and Clerk of the Board By AGREEMENT THIS AGREEMENT made this 17~h day of June , 1985, by and between "First Party", as identified in item Ca) of Exhibit 1 of this Agreement, and the CQUNTY OF BUTTE, a political subdivision of the State of California, hert~in called ''Second Party". W I T N E S S E T H WHEREAS, First Party is the owner of real property, herein called the "Property", situated in the Gounty of Butte, which Property is described in Item tf) of Exhibit I of this Agreement; and WHEREAS, the Property is now zoned as specific in Item (b) of Exhibit 13 and WHEREAS, First Party has applied for a reclassification of zoning of the Property pursuant to which application the Property is being reclassified from its present classification to the classification or classifications specified in Item Cc) of Exhibit 1; and WHEREAS, public hearings have been held upon said application before the Board of Supervisors of the Gounty of $utte, State of Galifvrnia, and after having considered the matter presented, it has been 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 Gounty of Butte. NOW THEREFORE IT IS MUTUALLY UNDERSTOOD AND AGREED that inasmuch as the reclassification specified in Item ic) of Exhibit 1 is being granted, the said reclassification sha11 be sub,}ect to the conditions specified in the fallowing paragraphs: 1. That Exhibit I, as completed and attached hereto, is incorporated into and made a part of this Agreement with the same force and effect as if fully set forth herein. 2. That First Party shall construct and comply with all the following conditions: 2a. Prior to issuance of building permits: Drainage plan to be submitted tv Department of Public Works for approval. Plan to include proof of downstream capacity. 2b. Prior to issuance of Building Permits. Meet the requirements of Department of Public Works including* Page 2 ba. Obtain an encroachment permit for access onto Skyway. 2c. Prior to issuance of Building Permits: Meet the requirements of the Butte County Health Department including: ca. Submit groundwater monitoring results. cb. Obtain a sewage discharge permit from the California State Regional Water Quality ~antrol Board. cc. Comply with the Nitrate Action Plan. cd. Prior to issuance of building permit, consult Air Pollution Control District and obtain an authority to construct when necessary. 2d. Prior to issuance of Building permits, comply with the requirements of all State agencies. 2e. Prior to Certificate of Occupancy: Install all drainage facilities required by the Department of Public Works. 2f. Prior to Certificate of Occupancy: Grade site to eliminate any localized ponding, 2g. Prior to Certificate of Qccupancy: Clean and align the Grouch Ditch drain to better channelize the flow. 2h. Prior to Certificate of Occupancy: Apply for and diligently pursue amendment to Chico"s Sphere of influence. 2i. Prior to Certificate of Occupancy: Meet the requirements of CDP including: ia. Install water for fire protection. Water flow must be 2000 gallons per minute. achieve flow. level. ib. Extend California Water Service Company line to ic. Install hydrant within S00 feet of buildings. 23. Set finished floor elevation 2 ft. above present ground 2k. Preserve all riparian vegetation slang Comanche Creek and the flood control channel. Page 3 2l. .Maintain a 50-foot development setback from all waterways and stands of riparian vegetation. 2m. Retail sales are not permitted on-site without modification of this conditional rezone. 2n. Applicant must also comply with all other applicable State and local statutes, ordinances and regulations. 20. Abandon two existing access points serving farm buldings and tire shop. 2p. Prior to Certificate of Occupancy, deed and record a 1-foot no-access strip along Skyway frontage, breaking far the access approved by the Department of Public Works. 3. In the event First Party, any successor in interest of First Party, or any person in possession of the property described in Ttem (f} of Exhibit I violates or fails to perform any of the conditions of this Agreement within thirty (3Q) days after notice thereof as provided in Paragraph 5, the Board of Supervisors of Second Party may instruct the County Counsel of Second Party to institute legal proceedings to enforce the provisions of this Agreement. The Board of Supervisors of Second Party may also initiate proceedings to rezone the property to the classification specified in Item (b} of Exhibit I ar any other suitable classification. 4. Notice of violation of provisions of this Agreement shall be sent to First Party at the address specified in Item (d) of Exhibit I and to the street address of the property described in Item (d) of Exhibit T. Any subsequent title balder, any lien holder, ar party in passessian of the property shall also receive notice of such violation at an address other than as specified in Item (d) of Exhibit I by filing with the Clerk of the Board of Supervisors of Second Party the address to which the notice is to be sent, with reference to this Agreement and the Resolution authorizing its execution. 5. In the event suit is brought by the County Counsel of Second Party to enforce any~af the provisions of this Agreement, First Party agrees to pay tp Second Party a reasonable sum to be fixed by the Court as attorney's fees. 6. Each and every one of the provisions of this agreement herein contained shall bind and inure to the benefit of the successor in interest of each and every party hereto, in the same manner as if they had herein been expressly named. iN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. Page 4 ATTEST : .~ -PrJ Clerk o the Board of Supervisors ft~CHARD PETERS C©UNTY OF $UTTE, a political subdivision of the State of California $ ( ~ Y Chairperson the Board of Supervisors "Second Party" Page 5 EXHIBIT I Agreement {a) "First Party", as used in this Agreement, includes each and all of the following: Richard Peters, 30 Northwood Commons Place, Chita, Ga. 95926. {b} The property is now zaned: U {c) The zoning reclassification of the property is from its present zoning to: M-1 Cd) Notice to First Party pursuant to Paragraphs No. 4 shall be addressed to: Richard Peters, 30 Northwaad Gammons Place, Chico, Ca. 95926 (e) The change in zoning classification pursuant to Paragraph No. 4 shall be to: M-l {f) "Property.,, as used in this Agreement, includes: A portion of T22N R2E Sec. 32 and T21N R2E Sec. 5 MDSandl"~, more particularly described as: Beginning at the intersection of the centerlines of Bruce Road and the Skyway; thence southerly along Skyway's centerline to its intersection with the centerline of Comanche Creek approximately 2760 ft.; thence westerly along said centerline of Comanche Creek to its intersection with the flood control channel approximately 180E3 feet; said flood control channel located on the west line of the E half of Section 5 T21N R2E MDBandM; thence northerly along said W line IF300 ft.; thence continuing northerly along the W line of the E l/2 of Sec. 32 T22N R2E MDBandM approximately 600 feet to the point of beginning. i _. ,.........x.....