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Ordinance No. 4232
AN ORDINANCE OF THE COUNTY OF BUTTE AMENDING BUTTE COUNTY CODE
CHAPTER 24, ENTITLED "ZONING," MAKING THE FOLLOWING AMENDMENTS
TO THE OFFICIAL ZONING MAP: FROM VERY LOW DENSITY RESIDENTIAL
(VLDR) TO AGRICULTURE SERVICES (AS) ON 4.92 ACRES AT CERTAIN
REAL PROPERTY AT 9412 JONES AVENUE, IN THE UNINCORPORATED
COMMUNITY OF DURHAM; ASSESSOR PARCEL NUMBER 040-180-041
The Board of Supervisors of the County of Butte ordains as follows:
Section 1. Zoning Map Amendment.
Chapter 24 of the Butte County Code and the Official Zoning Map is
amended for 4.92 acres at 9412 Jones Avenue, in the unincorporated
community of Durham; Assessor Parcel Number 040-180-041 from Very
Low Density Residential (VLDR) to Agriculture Services, as shown
under "Exhibit A", incorporated herein by reference.
Section 2. Findings. The Board of Supervisors makes the following
findings, as set forth in Butte County Code section 24-275:
1. The proposed amendment is consistent with the General
Plan and any applicable community or specific plan as
provided by Government Code Section 65860.
2. The proposed amendment will not be detrimental to the
public interest, health, safety, or welfare of the
county.
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3. 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.
Section 3. California Environmental Quality Act. A Mitigated
Negative Declaration is adopted with the following findings:
1. The Initial Study was completed in compliance with the
California Environmental Quality Act. Said Study
identified significant environmental effects and
included mitigation measures that would mitigate such
effects below significant levels.
2. The Board of Supervisors has considered the Mitigated
Negative Declaration together with comments received
during its review.
3. On the basis of the whole record before the Board of
Supervisors, including the environmental document and
any comments received, there is no substantial evidence
the project, with adopted mitigations, would have a
significant effect on the environment. The custodian of
record is the Department of Development Services,
located at 7 County Center Drive, Oroville, California.
4. The Mitigated Negative Declaration reflects the
independent judgment and analysis of the County, which
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is the Lead Agency.
Section 4. Severability. If any provision of this Ordinance or the
application thereof to any person or circumstances is for any
reason held to be invalid by a court of competent jurisdiction,
such provision shall be deemed severable, and the invalidity
thereof shall not affect the remaining provisions or other
applications of the Ordinance which can be given effect without
the invalid provision or application thereof.
Section 5. Effective Date and Publication. This Ordinance shall
take effect thirty (30) days after the date of its passage. The
Clerk of the Board of Supervisors is authorized and directed to
publish this Ordinance before the expiration of fifteen (15) 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 a newspaper of general circulation published in
the County of Butte, State of California.
PASSED AND ADOPTED by the Board of Supervisors of the County of
Butte, State of California, on the 24th day of October 2023 by the
following vote:
AYES: Supervisor Durfee, Ritter, Teeter and Chair Rinmelshue
NOES: None
ABSENT: Supervisor Connelly
ABSTAIN: None
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Tod KiASiehue, �nair
Butte Coul y Board of Supervisors
ATTEST:
ANDY PICKETT, Chief Administrative Officer
and Clerk of the Board
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By
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Deputy
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