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Home My WebLink About90-157'~0-Sp67$ $- ,,;,,.,...z. i~~",' s; r ~, -~ ,: ~Ol :* Y ~~ •i ., ~~• ^ u.^a~-~ ~' ~ ~ BOARD OF_ SUPERVISORS , ~~ ~ COUNTY OF BUTTE, STATE OF CALIFORNIA ~ Resolufion No. 90-157 R~OLLTIION POR AN AGRIDI~IT RElAT1NG'IC) RI~CIAS4)~IC'ATION OF 7rONE FOR VINE WHEELOCK 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 reclassification of zoning with: VINE WHEELOCK 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 5th day of November, 1990, by the following vote: AYES: Supervisors McTnturf, Dolan, Fulton and Chairman McLaughlin NOES: None ABSENT: Supervisor Vercruse NOT VOTING: None ~C ED McLAUGHL ,CHAIRMAN Butte County Board of Supervisors ATTEST: WILLIAM H. RANDOLPH, Chief Administrative Officer and Clerk of the Board By 90--050B7B T o t a l Recorded Official Records County of Butte Candace J. Grubbs ; Recorder 8:02am 27-Nov-9Q .DO JJ 5 9D--~~8~8 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT made this 6th day of fVovember 1990 , by and between "First Party", as identified in item (a) of Exhibit 1 of this Agreement, and the COUNTY OF BUTTE, a political subdivision of the State of California, herein called "Second Party". WITNESSETH WHEREAS, First Party is the owner of real property, herein called the "Property", situated in the County of Butte, which Property is described in Item (f) of Exhibit I of this Agreement; and WHEREAS, the Property is now zoned as specified in Item (b) of Exhibit 1; 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 (c) of Exhibit 1; and WHEREAS, public hearings have been held upon said application before the Board of Supervisors of the County of Butte, State of California, 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 County of Butte. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED that inasmuch as the reclassification specified in Item (c) of Exhibit i is being granted, the said reclassification shall be subject to the conditions specified in the follo~vi::g pwrkgraphs: 1. That Exhibi# 1, 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 fallowing conditions: 2a. The following standards shall be incorporated into any development proposal of AP 039-244-020: 1. A continuous visual landscape buffer screen, a minimum of 20 feet, shall be provided and maintained adjacent to the residential property line to the north. If the soils do not provide for adequate root zones, a solid fence and QQ landscape combination may be provided. 2. Buildings shall be setback 30 feet form any property line abutting a public road or highway. This setback area shall be fully landscaped and maintained. 3. Building eleva#ions exposed to public streets shall incorporate architectural enhancement, foundation landscape planting and building texture and paint variations. 4. Outdoor storage areas shall be screened with solid fencing and/or landscaping when visible from a public road. Ma#erials shall not be stored higher than the fencing. 5. All parking lots adjacent to public roads shall be separate by a 15 foot landscape buffer that includes a combination of mounding/berming (3' minimum), and shrub hedges. Trees at 30 foot centers shall be provided or where soil permits. 6. Freestanding signs shall be of compatible materials and colors of the primary building and limited to 6 feet in height, 2b. Prior to issuance of any building permits on AP 039-240-020, the applicant shall submit landscape and building plans and receive approval by Planning Commission. 2c. The allowed use on AP 039240-020 shall be limited #o wholesale and storage warehouses; feed storehouses and warehouses; and manufacturing uses that require limited septic disposal sys#ems. All other permitted uses within the M-1 zone shall be subject to the use permit process. 3. In the event First Party, any successor in interest of First Party, or any person in possession of the property described in Item {f) of Exhibit I violates or fails to perform any of the conditions of this Agreement within thirty (30) 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 #his Agreement. The Board of Supervisors of Second Party may also initiate proceedings to rezone the property to the classifwcation specified in Item (b) of Exhibit I or any other suitable classification. 4. Notice of viola#ion of provisions of this Agreement shall be sent to Firs# Party at the address specific in Item (d} of Exhibit 1 and #o the street address of the property described in Item (d) of Exhibit L Any subsequent title holder, any lien holder, or party in possession of the property shall also receive notice of such violation at an address other than as specified Q ~ ~ Q ~ f in Item (d) of Exhibit 1 by filing with the Clerk of the Board of Supervisors of Second Party the address to which the notice is #o 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 of the provisions of this Agreement, First Party agrees to pay to Second Party a reasonable sum to be fixed by the Court as attorney's fees. (. Each and every one of the provisions of this agreement herein contained shall ind and insure 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. "~ l/ J/ Q ~/~~~ ~~~~~-~~ COUNTY OF BUTTE, a ~~~ G-~ir~e~ ~/ political subdivision of / ~/~~-~~ ~ ~~~ the State of California ,..~,~ ~~ , Gz r 7~ ~ ~.,~ ~ ~`~ By ~ ~c ~~2G~. ~-t' . ~~~ ~~~ ~~,.,~ Chairperson of th Board ~ _ . of Supervisors ~~~ ~ ~ j~~~ "Second Party" ATTEST: ~ Cler of the Board of ~~~ ~~ ~~~~ Supervisors o~FECiA~ g~qL 61£RlI~Y 5. Ct~CIItS TAfiY tag{,p.~~~~ y ~ c~t-Hry . rxa. . 3 ~0-Sa~78 ~ EXHIBIT 1. .Agreement (a) "First Party", as used in this Agreement, includes each and all of the following: Vine Wheelock (b} The property is now zoned: A-5 {c) The zoning reclassification of the property is from its present zoning to: M-1 (d) Notice to First Party pursuant to Paragraph No. 4 shall be addressed to: Vine Wheelock, 1814 Durham-Dayton Highway, Durham, CA 95938 (e} The change in zoning classification pursuant to Paragraph No. 4 shall be to: M-~. {f) "Property", as used in this Agreement, includes: ,All that certain real property situate in the county of Bu#te, State of California, described as follows: A portion of Lot 91 as shown on that certain map entitled "Subdivision Plan of Durham State Land Settlement" which map was recorded in the Office of the Recorder of the County of Butte, State of California, on February 13, 1919, in Map Book 8, at page 23 and more particularly described as follows: Beginning at the most Northerly corner of that certain parcel in deed to Kenneth E. Langford, recorded in the Office of the County Recorder, of the County of Butte, State of California, on September 8, 1970 in Book 1633 of Official Records at page 72; thence from said point of beginning and along the Southwesterly line of California State Highway 99 E, North 41 degrees 18 feet 45 inches West 1165.15 feet; #hence leaving said Highway line South 56 degrees 19 feet 42 inches West 507.28 feet; thence South 51 degrees 14 feet 31 inches West 928.39 feet to a point on the Northeasterly line of the Chico-Oroville Road; thence along said line South 66 degrees 04 feet East 1274.15 feet to the beginning of a 1630.00 foot radius curve to the right; thence along the arc of said curve through a central angle of 04 degrees 27 feet 00 inches an arc length of 126.60 feet to the Westerly corner of that certain parcel in deed to Kenneth E. Langford; thence along the Northwesterly line of said Kenneth E. Langford parcel North 48 degrees 41 feet 15 inches East 848.23 feet to the Point of Beginning and containing 31.94 acres more or less. /rdm END ~F.i~O.~l~[dlEN~'