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HomeMy WebLinkAbout98-155o .............1P. .w ,,~ .~ ~.~'.~4 QQ V l~~*~~ BOARQ Off' ~U~='ER1~l-~~~F~~~,~~,: COUNTY 4F BIiTTE, vTATE OF ~A~#F3#~t'{'V#A I~~~Sc~IttfiOri !'~'o. 98-155 RESOI.U"PION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE APPROVING THE ADOPTION OF A GENERAL PLAN AMENDMENT TO THE CHICO AREA LAND USE PLAN FROM LOW DENSITY RESIDENTIAL AND HIGH DENSITY RESIDENTIAL TO COMMERCIAL. WHEREAS, a private individual, Ron Faria has petitioned the Butte County Planning Commission and Board of Supervisors, through an appropriate application, to amend the Butte County General Plan Land Use Element, for a change from Low Density Residential and High Density Residential to Commercial, for that property identified on Exhibit A-I attached hereto, and WHEREAS, the proposed General Plan Amendment has been studied and reviewed by the Butte County Planning Commission and a public hearing held pursuant to law, at which time all interested persons were heard; and WHEREAS, the Butte County Board of Supervisors has reviewed and considered the contents of the Mitigated Negative Declaration prepared on the amendments pursuant to the Cali{or-1ia Environmental Quality Act; and WHEREAS, the Butte County Board of Supervisors has held hearings on the General Plan Amendment at which all interested parties were heard; and WHEREAS, the Quite County Board of Supervisors finds the proposed amendment complies with all elements ofithe Butte Cotu~ty General Plan and comprises an overall internally consistent whole, specifically: I . The amendment complies with the policies of the Butte County General Plan. 2. The amendments provide for compatible development with existing land uses. NOW, THEREFORE, BE I'T RESOLVED as follows: 1. The General Plan Amendment to Commercial as shown on the attached Exhibit A-1 are hereby incorporated by reference. 2. The General Plan Amendment is hereby adopted and by the Board of Supervisors of the Cotin~ty of Butte as amendment to the Butte County General Plan Land Use Element, said Amendments to be the land use policy for the County of Butte in the affected area for all findings pursuant to law. BE IT FUR`1,HER RESOLVED, that pursuant to Government Code Section 65359 that the General Plan be endorsed to show that the above amendments have been approved by this Board. PASSED AND ADOPTED by the Butte County Board of Supervisors on this 13th day of October , 1998, by the following vote: AYES: Supervisors Beeler, Dolan, Houx, Josiassen and Chair Davis NOES: None ABSF.N'I': None NO"I' VOTING: None ATTEST: Jahn S. Blacklock, Chief Administrative Officer and Clerk of the Board _.~ /r, ~ Y • ~_ rx~,U ~. ur~vi~, ~;nti-xlvilviv Butte County Board of ~u~ervisors EXHIBIT 'A-1' D -.~ ~ ._, ~1 Project Location --}~ j ~ i u ~ ~~ ~-~ ~ _L ` ~-" '' o n~ai L n~ -- - _ 1 { __ _ l __ ~~~~~~ c ~~ ~ ~ ~~ II 1 ~} L I~ ~l S n a n r1~, ! L~ ~ HQ ^_ - ~, _ ff ~- Va eora~r _~ 1__L P Q 0 Z P C MAP AMENDING CHICO AREA LAND USE PLAN Ni~e.~Q~ Ganeral Plan Amendment from LDR & HDR to Commercial Resolution Butte County Board of Supervisors Date Q C O " Y of Docu~ent Recorded 21-Dec-1998 1998-0054578 Hae not been co~epared rith original Butte COUNTY RECORDER COMPLETE THIS INFORMATION: RECORDING REQUESTED BY: AND VVFiEN RECORDED MAII. TO: .y ~~ ~ ~ ~G?~~ ~ THIS SPACE FOR RECORDERS USE ©NLY Document Title(s) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additions! recording fie applies) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT made this 13th day of October, 1998, by and between Dwight R. Bass and Ron Faria, herein called "First Party", as identified in item (a) of Exhibit I of this Agreement, and the COUNTY OF BUTTE, a political subdivision of the State of California, herein called "County". 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 (e) of Exhibit I of this Agreement; and WHEREAS, the Property is now zoned as C-1 (Light Commercial) as provided for in Ordinance 3451. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED that inasmuch as the reclassification specified in the above referenced Ordinance, is being granted, the said reclassification shall be subject to the conditions specified in the following 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 comply with all the following conditions: a. Prior to issuance of building permits, a six foot six inch tall (6' 6") sound-deadening wall shall be installed and maintained for 50 feet past the building on the northern property line from the eastern property line of APN 048-040-027 eastwards. The applicant shall submit a plan to the Planning Division showing the location and type of wall to be installed prior to construction of the required wall. (MMl b. Prior to final occupancy of the building, a vegetation barrier shall be planted along the entire northern property line. Prior to planting, the vegetated barrier shall be certified in writing by a registered landscape architect, certified nurseryman, or licensed landscape contractor as having the capability of achieving at least 15 feet in height within five years of installation. Prior to planting, the applicant shall submit a landscaping plan to the Planning Division showing the types and location of vegetation to be planted and the method of irrigation. The applicant shall include a signed statement on the landscaping site plan that the vegetated barrier shall be maintained by the property owner, heirs, or assigns in a healthy condition in perpetuity. This vegetation barrier shall be in addition to the 5°l0 landscaping requirements of Butte County Gode Section 24-240-10.E. (MM) c. Incorporate Best Management Practices (BMPs) into the project design, such as grass or lawn filter strips, infiltration trenches, oillgrease trap separators, and/or retention swales. The design shall intercept first flush contaminants from the initial '/2 inch of rainfall for each storm event prior to discharge into affected channels to reduce storm water runoff pollutants generated by the project to the maximum extent practical which satisfy County water quality protection goals. The system shall include reduction of suspended solids and reduction of heavy metal concentrations by increasing filtration time. The design and selection of BMPs shall be based on site specific considerations such as geology, topography and hydrology, in addition to the type and size of the subject proposal. BMPs shall be included in improvement plans or landscaping plans, whichever is applicable, for review and approval by Planning Division staff prior to issuance of building permits. (MM) d. 1. All active construction areas shall be watered at least twice daily. Frequency shall be based on the type of operation, soil, and wind exposure. 2. Chemical soil stabilizers shall be applied on inactive construction areas (disturbed lands within construction projects that are unused for at least four consecutive days). 3. Land clearing, grading, earth moving or excavation activities shall be suspended when winds exceed 20 mile per hour. 4. Non-toxic binders (e.g. latex acrylic copolymer} shall be applied to all exposed areas after cut and fill operation and hydroseed area. 5. Vegetative ground cover shall be planted in disturbed areas as soon as possible. 6. Inactive storage piles shall be covered. 7. Paved streets adjacent to the development site shall be swept or washed at the end of each day as necessary to remove excessive accumulations of silt and/or mud which may have accumulated as a result of activities on the development site. 8. Prior to any development activities, a publicly visible sign with the telephone number and person to contact regarding dust complaints shall be posted. This person shall respond and take corrective action within 24 hours. The telephone number of the BCAQMD shall also be visible to ensure compliance with BCAQMD Rule 201 & 207 (Nuisance and Fugitive Dust Emissions). 9. Prior to final occupancy, the applicant shall demonstrate that all ground surfaces are covered or treated sufficiently to minimize fugitive dust emissions. (MM) e. The applicant shall minimize construction-related exhaust emissions by maintaining equipment engines in good condition and in proper tune according to manufacturer's specification and during smog season (May through ©ctober) by not allowing construction equipment to be left idling for long periods. (MM) f. Prior to issuance of building permits, the applicant shall submit a signed statement that all strobe and spat lights are prohibited on the project site. The statement shall include all outdoor lighting shall be shielded so as to prevent adverse impacts on aircraft flight operations. Such statement shall be included on the applicant's landscaping site plan. (MM) g. The eastern fifty (50) feet of the project site (approximately 7,771.5 sq. ft.) shall be designated as a "No Development Zone." Prior to issuance of building permits, the "No Development Zone" shall be planted with native oak trees at least 15 gallons in size. The applicant shall submit a landscaping plan to the Planning Division for the "No Development Zone" that has been prepared by a registered landscape architect, certified nurseryman, or licensed landscape contractor showing the location and types of trees to be planted, and the method of irrigation. The landscaping site plan shall include a signed statement by the applicant that the oak trees shall be maintained in a healthy condition in perpetuity by the property owners, heirs, and assigns. The "No Development Zone" shall be fenced so as 'to prevent vehicular access. The "No Development Zone" shall be in addition to the 5°l° landscaping requirements of Butte County Gode Section 24-240-10.E. (MM) h. Construction activities shall be limited between the hours of 7:00 a.m. and 6:00 p.m. Monday through Saturday, and between the hours of 10:00 a.m. and 6:00 p.m. on Sundays and holidays. (MM) The applicant shall identify on the landscaping plan the location and direction of all public address system loudspeakers. The number of loudspeakers shall be minimized and shall be aimed away from the adjacent residential uses. Use of the loudspeakers shall be limited to the hours between 8:00 a.m. and 8:00 p.m. (MM) Noise generated by the commercial uses established on the project site shall be restricted to no more than sixty {60) decibels Ldp at all common property lines abutting a residential zone or use for a period of six (6) hours per day with no noise exceeding eighty (80) decibels. (MM) k. Prior to issuance of building permits, the applicant shall submit a signed statement acknowledging that all external light fixtures shall be fully shielded and directed in a manner that insures direct light does not project beyond property boundaries and that outdoor lighting shall be reduced by at least 75°t° from 11:00 p.m. onwards. (MM) Prior to issuance of building permits, the applicant shall submit a signed statement acknowledging that the use of tethered balloons or other floating advertising materials shall not be permitted. (MM) m. One 6' x 8' free standing outdoor advertising sign shall be allowed. The bottom of the sign shall be no greater than fifteen (15) feet above ground level and shall meet the zoning standards of the Community- Commercial zone. Said sign shall be installed on the southern property line. {MM) n. Prior to issuance of building permits, the property owners shall sign an avigation easement granting the right of continued use of the Chico Municipal Airport in the airspace above the subject parcel and acknowledging any and all existing or potential airport operations impacts. o. Prior to issuance of building permits, provide sewage disposal laterals and stub out at street. p. Prior to issuance of building permits, submit site and landscaping plans to the City of Chico Planning Department for review and comment. Submit a copy of the City of Ghico Planning Department's comments to the Butte County Planning Division. 3. In the event First Party, any successor in interest of First Party, or any person in possession of the property described in 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 the County may instruct the County Counsel of the County to institute legal proceedings to enforce the provisions of this Agreement. The Board of Supervisors of the County may also initiate proceedings to rezone the property to the classification of R-4 and S-R or any other suitable classification. 4. Notice of violation of provisions of this Agreement shall be sent to First Party at the address specific in Item (d) of Exhibit I and to the street address of the property described in Exhibit 1. 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 in Exhibit 1 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 the County to enforce any of the provisions of this Agreement, First Party agrees to pay to the County 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. C OWNER SU~EO A~ MpM to ME •~- -J •- n~~s' ..:..~ - ,, ~~ '~ RIFATH ANSARI :~ ~": COMMISSION #1171004 ,, s ~~ t NOiARYPUBIIC-CALIFORNIA « ~ . SACRAM@NTO COUNTY "' MY GOMM. EXPIRES FE8 t. 2D02 Board .- n~ /~ , / ., ATTEST: State of California County of Butte ~lerl~ df the Board Supervisors OWNER COUNTY OF BUTTE, a political subdivision of th ate of California ~~ By ,r FRED C. DAVIS, Chairofthe of Supervisors On /~" i7- 9c~ ,before me, ,~?h~RYN E+~~ ,personally appeared ~Q~ F~~~A personally known to me (or proved to me on the basis of satisfactory evidence} to be the person(s) whose name{s) is/are subscribed to the within instrument and acknowledged to me that helshelthe execute the same in his/herltheir authorized capacity(ies), and that by his/her/their signatures} on the instrument the person } or the e y upon beh of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature ~ KATHRYN EGAN ~ ~ ~.:.: •' ~ Comm. # 1046556 `~ NOTARY PUBLIC • CALlFOIANIA ButtB C0laniy ~ d , , ~ My cans. Exa-es o~c. e. ~ 998 EXHIBIT 1 t_egal Description Dwight R. Bass, 11 Roseanna Court, Chico, CA 95973. Ron Faria, 2520 Cohasset Road, Chico, CA 95973. (listed as Item (d} in the agreement) "Property", as used in this Agreement, includes: All that certain real property situate in the unincorporated area of the County of Butte, State of California, being more particularly described as follows: All that portion of the westerly '1z of the Twelfth Subdivision of the John Bidwell Rancho as the same is laid down numbered and designated on the revised map thereof, filed in the office of the Recorder of the County of Butte, State of California, December 7, 1906 in Book 6 of Maps, at Page 11, mare particularly described as follows: Beginning at the southwesterly corner of said Lot 11, being on the easterly line of a County road; thence from said paint of beginning, along the W line of said Lot 11, and along the E line of said County road, N 155.43 ft.; thence parallel to the S line of said Lot 11, E, 647.50 ft.; thence parallel to the W line of said Lot 11, S 155.43 ft. to a point on the S line of said Lot 11; thence along the S line of said Lot 11, W 647.50 ft. to the point of beginning. EXCEPTING THEREFROM the west 20 feet thereof. (listed as Item (e} as in the agreement. State of California County of Butte On December 4 1998 before me, Marion A. Reeves, Notary Public Name and THIe of Officer (e.g., 'Jane Doe, Notary Public personally appeared Fred C. Davis Name(s) of Signers} ® personally known to me ^ prayed to me an the basis of satisfactory evidence to be the person~,whose Warn is subscribed to the within instrum and acknowledge to a th ! execut the same i~/t r authorized capacit~~ and that b hi r ~r signature~~,on the instrument the person.or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ure ~if Notary Public Title of Document: Date of Document: Number of Pages: Conditional Zoning Agreement October 13, 1998 6 documents pages + this page MARIO REEVES t Commission # 11708417 Z ~ _` Notory Public - Cafifornio ~_ Z ` Butte County My Comm. E~ires Jan 24,2002 State of V county of ,~ On /~~, ~ ~~ r ~~' ~ personally appeared ' ( ersonaliy known to me - or - (1 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(iesJ, and that by hislher/their signature(s) an the instrument the person(sl, or the entity upon behalf of which the person(s) acted, executed the instrument. Witness m Signature official seat. "' ~~/, ,j, GC}LLGNG COMM. #1109370 ~_ ~'''~@S NOTAAY PUBLIC-CAUFQR?«A U ~ , BUTTE COUNTY ~ My Gomm. Exp'uea Sept. ?A, 2A00 '~