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Home My WebLink About004-490-073�a .��i �4 � � o. � �� '' �.�_�., },VRA 7 I j Y ��D,,WU SUS. R-Y SWERT , 777-77`777 ' ' I Jeanne Shvle - proposed 6geaative Declaration regarding 'environmental! impacts and Use to allow that blending, battling,, and storage of organic ncrt toxic nutrients as a home occupation on property zoned SRA 1 (Suburban Residential - I acre parcels) located on the northwest corner of Butte Avenue and Miller Avenue, identified as AP 004-490-073, Chico. (SAL) The Commission waived the reading of the Staff Report. A, video of il-fe site was shown Chairman Lambert said as she is a property owner in the area she will step dawn from the Commission and turn the hearing over to lice +Chairman Ferguson. She reserved tN right to participate as a member of the audience. Mr. Hogan said the original request was, for a home occupation. He, sadd the Use PerM t hearing is because of the applicant's desire to have employees which ,are not allowed under the Flome Occupation Ordinance: Commissioner Lynch suggested a condition to require the cleanup of the site. Mr. Hogan said that can be added. I Commissioner Bergman said he was confused about the statement in the analysis thbfI j a Use Permit isnot needed if this is determined to be an agricultural use. He said, in No opinion, this is a manufacturing use'. r. Hogan said the applicant is going through the Use Permit process in order to ailoiAr employees, in the future, if needed. However, if the Commission were to make A determination that her use is an agricultural use, no Use Permit would be rer Ulred, The hearing was opened to the public. ;a joonne Shefsky said all the products are bagged and on, pallets and will be kept insloi the building. She sold they will be producing a non-toxic pr* duct. She said they plan tP 1 have a house on the property for her mother and a garden to test ,the nutrierits or,, h�� said the entire operation will be contained within a 9,000 squarj� foot building, ` She sale there will not be any noise or odor problems. She said there ane no utilities on, 4`:," property at this time. She seid she can viot look up to water until the Use, Pek . is approved. She said she would like to employ two people. She said the'venture is halo done with environmental concerns in the forefront. Commissioner Lynch asked in what quantities and how often the supplies `w�)uid' be delivered? Ms. helsky said once or twice a week. She said the materials Will L* delivered, in bags. She noted that the building has been on this property since the 19308. tY6+rwklFi` fVT.Ai'�J .�i �t.rl'cn� .,ti,aml5�u;n' i i M7 I Glen Wood, current owner of the property, .said he feet and cleanly within► the building, He was in favor of this thus prod can k�e done c�r�lof9y r p 1 _ t.. Laura Miner -Gauer` said: she has a house near this property and the project. She submitted a leiter and petition from herself is h®re in o ppositic��I �� apposing this permit. She was concerned with the odors during thQf the nolghbor product. She said.that Butte Avenue anti Miller is a blind corner a' m,fcin� of t�tlf3 for children due to the delivery trucks. She ,said if the project, g r and will kie clan cro�l a 24 month review put on the permit. She said the building has approved, en usode weuld iif in the past. for storage Mr, Hogan said there were no comments received from P Development in regards to traffic being a problem, ubl c Works or Land Bob Linschled said he has been working with Ms. Shelsky to frond her business. He saicl the retail end of the business will be at a a location suitable tui :said he was against this being a 24 month permit, He said there is location. Ho with this operation. waste associated } Angelo V'olpato, representing the seller of the property, said thr3 leen for sale for over a year He said i'� is hard to sell SR -1 zoned subject pro e p has due to the large buildings on the property property in a rural area Bine Lambert said she lives within the area of this proposal. showing her property in relation to this project site: She said the zoning submitted a reap since 1969 and the residents of the area want to keepit the nrng has been there Wed in this area since 1��7� She'said way' it is. She said she has the property was used, in the past, for agricultural l to and storage and is no�v proposed for Manufacturing, She said the 1.7usiness �sespated in an industrial zone. She s should the video are in the City of Chico, She said rtraffcwill be a problem,She shown in the preser�re the nature of the neighborhood and preserve` the agriculture tahey vuarlt to property. She said the Commission should not ignore the neighbors d round this against this request. She said she feels this use is not Corrlpatik�le �nrifih the srres, She was Commissioner Ferguson discussed the misty roof ars the existingneigrbarhraad. proposed improvements the applicant plans to make to the pro�ruildwing and noted the S �e neighbors concerns. °Y which aright off=set ,some of the W. Lambert said the neighbors are not concerned with "she said there are other interested potential buyers for this�aelment of the Property' property., ��' ��'-"'�ixi�aa�ie5sw�►riil`•'��r..,.,1 �. �'��i�lfwk�i�iSi:}�'If�'F'L'��c:Y" ' I n n..', aw .L.,.,u.;nal l :,..._. WidYPpWF�`KlRkxr ' t i Mr. Hogan said this is correct, as a general rule, but could be allowed udder the Homo Occupation Ordinance. Vice Chairman Ferguson asked a directquestion to the applicant, that if thepeit Is denied would they he able to'go on with their proposal? Ms. Shefsky said yes, but she would like to have employees to take some of the work load off of her husband. Commissioner Lynch suggested adding the two conditions es suggested by staff if this Is approved. He said he felt there should be some use and value for the building on the property. ft eras moved by Cornmissioner Lynch, seconded by Commissioner Bergman, and carried for approval as folloiAfs: Aronmental Findings. A. An initial ,Study was completed in compliance with the California Environmental Quality Act identifying potentially significant environmental effects that the project may have. Provisions and the -design of the project and the conditions added to the project will mitigate such effects -to a level of insignificance, and 8 The Planning Commission has independently reviewed, analyzed, and considered the proposed Negative Declaration prior to 1 making its decision on the project, grid the Negative Declaration reflects the independent judgemerit of Butte County; and . ening Ordinance Findings. A Pursuant to Butte County Code Section 24-37.4, find that this proposal Will not conflict wfth, p he uses both permitted and conditional of the SR -I zone and Agricultural -Residential �General Plan designation in which is located and/or adjoins, g h III The project, as conditioned, will not result in a detrimental impact to the general health x safety and `welfare of neighboring properties. .Actions Subject to the findings Indicated in Sections t and 2 of this report, move to adopt a Negative Declaration and approve the Use Permit for Jeanne Shefsky on AP'# i AGENDA REPORT Honorable Chair and Planning Commission PROM: Barry K. Hogan; Planning Manager s Stephen Lucas, Planner ATE; 23 May 1994 I PF-GUEST: Use Permit on AP&004ti 49� Je�_ a= �E�efsk Use Permit to allow the. blending, bottling, and storage 9e o request giaest fro►• a toxic nutrients as an alteration of a nonconforming use ori_ 45c non of land located at 826 Miller Avenue, in the SR-1 (Suburban l�asideacres 1 acre] zone within the Chico area. ntial _ i RELATED ITEMS: None Planning Commission Mee iin of 14 Ju! 199 July, 4 ABSTRACT- This application is consistent with Sections 24-87,5 & 97-4 of the regulating nonconforming uses. Staff' recommends approval with conditions Butte Coulypy ;Cade PROJECT CHARACTERISTICS: The applicant proposes to utilize, a 1.4,55 feet of existing buildings for he blending, bottling, and storage of no _ tic)XIC4�, acre parcel icf t: ,p00 and a test garden for the production of vegetables, The organic nutrients ons organic ►"ri l�fents plant products (719/6), hr ,ty ° highly refined animal matter (21%) and minerals 8%) that re a j1,@(�, of water, to create a liquid nutrient. The mixing' process is powered b a s )that are rrtir with noise potential and the boiling process is a gravityfeed system. The nutrient pump11i� limited packed for shipment. The process is conducted entirely within the existing is Shen � t 0,11 the Processing is designed to, minimize any contact of the product with outside �l structure and Ali the Process is conducted with ,a "zero waste" policy and has no Possibility of; eontamin tfts.. The impacts to sur'roui, ';,s>g parcels, All products involved has this use are regulated causing any noptive Department of FeL. , r Fsr l ljzers and Livestock Drug Division of the . . by the ��ftfc�r'nia Agriculture and are r,L; ,.} ,`!J as4forni organic b the. C a Departriryt cal other nts are listed as hazardous with the EPA and Californiabe shiededr�thaut�re Imer r� , ,- ingredients s, Nolo ll"te carriers. The operation is a family business and can presently be run' by tanefo erso or actual processing will be conducted approximately 3 times a month. There will la , .� and alldelivery will occur during regular business hours and be month. p � The e no ori ory gales omm�r�dated entirely c�pasite. The level 1.45 acre parcel is located at the corner of Miller and Butte has 3 existing metal warehouse buildings with a total area of approxi enues in Chico, The parcel remainder of the site is vacant, overgrown and enclo5cd by a chainlinkkPerimeter'alY 12,200 sq'' ft, The is currently served by power, public water, two fire hydrants and a septicsystem-The fence. ene paroei of the area is divided between extensive agriculture, agriOUltural proce in commercial, g, atlf �l use residential uses. Within 30001 feet of this parcel there exists the Diar, on g, °mmercial, ai d rural processing plant and factory stare, the Chevron gasoline storage tanks, a smaf l Almond Xchange nut fraternity house, a commercial iris farm, and residential lots with acc►asso Ilarse industrial pant, a ry keeping', .Butte County Department of DeVe1qprnLhnf SL,�viCes Plant7ing Division t r v y litID SURROUND€NG ZONING, GENERAL PLAN DESIGN TIQLNLA,Ju15 �t�`�:��'�G�LAND lrtrlart Zoning General Plan Existing, Land Use rt�jefit. SR-1Agricultural-Residential Commercial-V'acarf Mirth: SR-1 Agricultural-Residential Residential-ComMogJrVIl doth: A-10 Orchard & Field Crops Orchard a t; A-10- Orchard & Field Crops Orchard Welt; SR-1 Agricultural-Residential Residential ANALYSIS: The applicant proposes to use an existing commercial building in an Spl�•, ;.tine with a ($eneral Plain designation of Agricultural Residential, for the purpose Cil operating at f�rnlly run vroanic nutrient lousiness and .accompanying test gardens, The General Plan allows for' 40,10ultural usios anal home occupations. The SR-1 zone establishes, as permitted users, both resid0f a1 and agricultural ulses, tihisi poses several interpretive questions for planning staff. `The applicant would not need a Use Permit if the proposed use is interpreted to be an al ripultural �-activity. The zoning code definition of agriculture is not specific as to this parlA; :Ofer use.. Consultation with County Counsel indicated that the definition neither explicitly supports 141 use as. "agriculture°, nor does it definitively preclude this use. The applicant feels the proposed ,Ise is an :agricultural activity, but had originally contacted the Planning Division with the idea of ope+r.f�tfiNg the IMisiness as a horns occupation on the parcel. As an agricultural use or home occup0an, the ,-proposal would be consistent with the zoning and General Plan. Mt was deterrrt'tned that the business would not create any objectionable impacts; but they applicant �ccpected that'at some time in the future, 1 or 2' employees would need to be hired f;6 r various consulting and production needs. The hidng of employees would not allow this bushes,,*, ::aerate ate a home otrt;upatlon. Subsequently, the applicant chose to apply for a Usk, Permit to 0 rare tfie lbwslness as an alteration of a nonconforming use. This effectively mitigated the need to� dtritermine , it the business, is considered to be an 'agricultural" use as defined in the zoning code; This Use Permit allows the Commission to, control a desirable project and determine t, At t:J$e of nonconforming buildings that could otherwise present a substantial impact to other parcnis� �f otilized for a variety of other permitted uses. This proposal is to utilize a nonconfo"rming buildoig and to I! Ater the existing nonconforming use pursuant to Butte County Code Sections 204-37.4.' 'C'�hig code section state.) that 'any nonconforming arse r ay be changed to another noncontdr 1R,,J use upon obtainiing a use perrrtiR when it can be hound that the change v�dill not coral .0 with, impair, icr be detrimentail to the uses both permitted arra conditional; of -the zone fiq which it: is located and/or ;adjoins." h apPlicari would like to utilize the existing commercial buildings on the site for an agjzjig'I+Iturally related business. In addition to the ,business, the applicant will also build a rghsidentiai strre ort Via parcel anis grow, a test garden for the organic nutrients. The existing metal warehcttz,,,,,� have been on the parcel or approximately 50 years and have been used as a seed processnpcking Bute County Department -if, Derel.opment 5etvides - Plann1n9' C7lvision 2' Lent, a commercial'tree nursery, and for various commercial and private storage funct'100 , Athout ;rt rruptian. staff has conducted an initial Study on the project and determined that thei proposal ,gill not conflict with, impair, or be detrimental to surrounding parcels, This proposal 'at family t)n business is both environmentally sensitive and economically desirable for the corYyi`dUr0Y• 1 -ho compliance Environmental Health Department will require com ' with sewage disposal regE�lYPment% p a wi ,ripection to the public water systz m, and the safe storage and handling of all matorioW osed in r lIndia;oil osal be ��;r operation. The Ci of Chico would like to see an environmental review of the 'p rd rtef� no A,tions• ,Omp,eted as a consideration of a home occupation. Public Wo ks has his application has been defined as a project tjpder the ,fornia Environmental Quality Act (CEQA) and as such, is subject to the C,!4lirequirements d EQ trrdy, y �lR ;[i� E[ d- �, DOCUMENTATION:, T , ,�i initial Study has been prepared by County staff, Based upon thea review of the ,nif?1 S s; fff has determined that the project will have no significant impacts and recommends a f, eoative f , claration be adopted. The project will be regulated by speci -,onditions � ;rid standard c,�lrld itlons tv t approval. ol-6C NOTICE AND iCC9641~MEW4 'a: This application requires that a public hearing be 6tpertised aind field, Advertisement of the public hearing will occur in the Chico Enterprise Record, PAs lof niotioes will be mailed to all property owners within a 30th foot radius of the subject propel4�l t;he, date of, phis report; we have received numerous phone calls concerning this project from ls have 17,een inquiries as to the nature of the proposed usefit hm , and what, if any impacts may re§._ it"a approval, The majority of callers have either been unopposed or supportive of the prcij§4 once they have roceived accurate information concerning tl7e proposed use. ECtMEirATlON. Staff recommends that the Planning Commission approve the a fication on AP#004.490-073, subject to the following findings and conditions. Section 1Environmental Findings A. An initial Study was completed in compliance with the Californ;a, Environmental Qjjpffty Act identifying potential s Y vironme✓ntal effects that the project may have Pdti►suns = h g p g y 'rgrr f e t E:n e conditions added to the project will mrfig -.4 such and the design of the ; pr and th effects to a level of insignificance; and B. The Planning Commission has independently reviewed, analyzed, and consld.150 the proposed Negative Declaration prior to making its decisionon the project, and the 114gative Declaration reflects the independent judgement of the Butte County; and Section 2: Zoning Ordinance Findings, Pursuant to Butte County Cade Section 24-37.4, find that this proposal will not corl'ct with, A. impair, or be detrimental to the uses both permitted and conditional of the SR-126ne and Agricultural -Residential General Plan designation in which ft is Icaated and/or adjOifi. Butte County Department of Development Services - Planning L)Mslon 3 c g �') t ah�t�, � rjb art nth Lil pq POffilts ' hd' b1hO publid "dip rti Yaqulr�d (ar thl ' p f. 1 otty, rd loci 1, 8tatd'and Pddirdl lifityldti'f ti j itolub� i elf( '�i p``� r "�� 1 r��Ufr�tl %y n n� 11 IP Afid Pik IA'G, litalude the nuM:1er Of Un)ts, whether unita Iqre singld� or MUltl;_ttfcry In itdtdht' soht�duid rs� J,liipt elze ; on fl ty_}�o of houeehbld sire expected.rf i! ITF�Ct�hMtAcIAL, Indicate the t e y. Cj�1 f �pr.� , (.>e ` YP whether nelghborhnod, city or reg)onall orlented square footage clr kl`fPp area, an,l loading facilities. IF I'NbiISTRiAL, indicate type, estimated employment per shift, and loading foollltles. IF iNST)TU TIONL, Indicate ttrs� major function, estimated employment per shilt, estimated nocupanay, and community benefits to be derived from the project, loaPdli)Ej faallitlas, f ENVIRONMENTAL iMPAc7S AND ITIGATIOt4 MEASURES* identify potentially si^ 7lfibant environmentat irxspacts associated with the use permit. What project �I�iesl !4 conditions of approwa8 (mitigation measures) are proposed gn taaa4+'�f orspecial P p sed to alleviate potentia(anvlrommnhtal lmpaotr!,j P ENVI17`16NMENTAL SETTING* i M l' scrttse the presjeat site as it exists before the project, including information on topography, soil stability, pdkia and a'ni- ...Y.. � ricers, and .any cultural, historical or soento,aspects. Describeany eXlstin,� structures on the Site, And the Lisa of tY,+>� r�.truotures. w 4 t 441 Describe they surrounding properties, ,including information on plants and animals and any cultural, hi til:„. Indicate the type of land use (r�sidentfal, cornrmaraial, etc.) Intensity�lorlcal dr sc��ir1tts asparts. "lam merit; states, ato.), ori �ralp of dat eiopment (heigbt, frontage, setback, rearlyard, etc`) Ingle -family, apartments, ,01Q )cr, depart - Use separate sheet for langur resfxonses. A7'47'. t/&7i C, ? . I hereby declare under penalty of perjury, that !'have read,and understzind the inatructions and that the for rn 'vitrsmo ere true, complete and correct to the best of my knowledge an4 belief. £lo g t rte-° Vate Applfcattt's sfgnatu' I d 1N--_...'„-"". ✓ ��„ f'ro n� !ter .s signature / �Wse Pe[Mft Number ------------ Plequest: Use permit to allow �Ldcatfon and sfze of parcels}, _ 1 ---------------- ' ViE LIF, Y. E�7 '✓ A.P. Numbedsj ✓ 04VnOrship Praje'ct Deseriptlon ' Prod of Agency (if n =_ Zan)n9 and aegUlrements needed] _-=_ bescrlotfatt 'l copies Cf PIol ;r�lan Pate Receivedw- — ".,. � Receipt Number A(� . t:� q , A,ppiicatian taken by �rtiP(J i I, P , 'UCTIONS To, Us E,PERMIT APPLICANTS d. TF applicant is not the ova"ner, svritton author111 ixatlot be by the orN'uer ar considered pthar'prtkr��' �� aa�c�tity � tMlt�it submitted ir' order• For the apT,licant to, legally sign the applleataan,� Application "jt�tll i'i +gild if not signed by the oavnerior le' al agent. 2. All items on application slrali be filled in as completely" as possibl indicate by the term " e, If an Itr ytk i that ttFrjrfr cable, please ;'4"�"', i 3, it i4 important that the applicant supply tin aceurate description of the locntiraai r:F� tlii� project, including thev'fralloi ingt 1 rt Ir r.. I a. assessor's parcel number(s) (frorr the tax bills or :lssessar's malas). h. Street addresses asf avoilablej. c. Distat-, ws and directions to named streets, brrdies of Nvater nr taiirntsds„ i I. 1; :cnty-four (':fit in 'if z deta iled plot plan of adequate scale, to Lngs cearl}r shtaa{ i>r1.xf3tas+uMrl Wild iml ra�tierrsenf +, folded to €lrz x 11 inches slral$, a ren,n all p y and be rttud+e part eIit q, 1, ` ppli'cation i +r 1'6e Permit", Ti the use permit is appraat;•edq the plot Pian fbct? proved dei Ylnn e i the 1+- rtptrent Plastfor the prttperty.i'lte chat plan shall' include the'r •tt rt r i �' Far11r;F$i rfP7. a, A scaled Jraaa,ing of that paret:Itr�l bckundaries. b. (oaLattiyri .and prdamnnr: rill of all existine and proposed imprnverttents rtc thc. praaaa�r8y, snc lutliaa liuiad,inus, drtveevu S, parking areas, tivells» septic tanks, and leach li leh-v, c. l (rcat eM' sand varrc ofbor•de,ing streO-s. access roads, nearby crossroafjss, bodies ", and railroads. rl. -" ortir dM1% otd scale i)f dra_'ing. T e "1pplicat6rvns Pit Use Permit" is suixiect to (public hearings and approval by tht �da�Wiaegr Commission. .gena spe;ciral c",ndrtions off approval shall be made a part Of the approved '°l:st l�erar�iC'' and la ll lar Nn"fire on the atpplicant. "f"he procedures for County action ora ase f �°t-. mrt ap,aliciatinnc ;ar *tate' in Chupter 24 ",f the Butte County Code. The I'lunnrtt� on tLe b.a"is Of the evid€Ince suhmitted at the public heatita�,re�P� grant use permits free it finds that the proposed uses of tiro prop, ria will itaak hearstrping,ir irrle ' 'and a Ir m a taW ,:;tt tl*c zone in s:?tich the land lies Gond chat; torr use avoul,f a„at dre_�aai� reas tria°riw.npatxi le d itla Rxr in ur irtrs to-su x j rrnunaing pro perties tar nletritrinnYaT to tht h altii arrcl gene nckra w"e1S gra c"f; the person 'residing er working in the neighborhoodoar to g. -neral health, safety and a,.elfare of the s.»ruuty. 7. In agrpror irrg a aasc Pertrlit, the Planning CurnttutssiOn may include such deemedrcasanacohtliii��rrs a�r ,art , lr9t; and nn essary under the crxcuenstance„ tai rr � u character of th":t z"" and tis se,ctrre the pens ral f"nr$in-asrs of the Bolin( ounty Gena rl 4611.v an(] Chapter 24. t4� the. i,agte (:,-)anti C�wie Such ceortlitions may ineiurlcf:buk art,, not ItrtYterl rus bane limn t6uru, devel%men,t plan' iapg "vol, hours cif operation, fen.cingx alecli�cataunr riF right -of -Nay. nift t, and i eas and ilraaittagc irnFpvovrnre-tats. Conditionrs imposed upon issuratsev ad;f ,rM use pt>rnyit must b<; reason1bl} related to the use for which the permit is requested. 8. Application fcr;s am vett z % 'date) are � l2�rCy ils may be: paid Ccs clads dor by check made payable g., �"Treasntrer of Butte County". i f 9. Beforo submiLtina ea use a p �IiL tin n. appli eas re eas te l o t discuss with staff uix tltrerate,aris about oapirlir<rtierca aetluicemenks4 Iw"nuutv pini;>edures" zvanin� prtia:isitans und:,paussilel'c t:rrrkditirarist of ctpfarrst s4" .. _ .P I s.. Z 1 I i Environmental impacts and Mitigation Measuresl g To Cate, this family owned. occupat, has ne ative impacts is created r p o e ,the en�rir atec� n onment i.e, o noise, traffic dust, etc. and is fu1.lY contained on ► r exge8sive SI The minimal waste that,*s created consist t, cu }fi'�h (kelp) and is an excellent mulch. and soil amendwen soav/0!ed clay soils, Because there are no °` h0av or state regulation, T cannot anticipateanywhich xeguIre r' p Y problems ,ae�e ax„ with groundwater or soil contamination or an environmental pollution. We practice the "Green"philny other �o h Environmental Setting p y, The property at 826 Miller Ave. Chico, Ca. 9592 r. parcel number 4-490-73,is fully fenced using chain lixik�butaso� � metal buildingsiise an onit of land. Although it Ig' undevelopedpiece � 1 � g , it has no utilities currentlyonthe�� eveA though water, phone and electrical service are at the perimeter of the property. There is a fire hydrant: at each of the property on Miller Ave, The main warehouse measures approximately is alone to 25 feet high,. This massive buildi210 c 55 ro ate at the corner of Miller ,Avenue. and Butte Avenue dominates the land and, is visible from Northridge Road, g which is locate St was built- Croon 1930's, Two additional buildings on the site conaist 6f, but measuring about 1100 sci fpr is about 1400 s q• ft• and a modern metal buildiugtr Ona recent visit in February immediately after a steady rain, there �were to vno� ools Of Wate Collecting on the land that was vi sible. 'The lipid°is °f T�aater has two large trees on i lev and xlaeeds to be controlled. a noticeable cropo f el and puncture v ho Historical use: of this pro " tr atr+ant/parkin perty includes a seed q plant, a tree nursery, and s borrierKd at the corner of Diller Ave. and alongnguttt age ft. almond Orchards which also include a mobile home g B a la Ave, by on that land. There is another. mobile home close to the large, j�# connecting land on Butte ;Ave, A. singlee'f pP sit the modern metal building and thereyihome is located axaposlte 0 o e side of Miller Ave between this lana and the Almonda home on e Cooperative: The Diamond Nulling pant is located a :away and is a factory direct outlet. The entPancemotely 300 feet ar=d 5th Street is home to lar e Miller Ave, local fraternity, This area r�yllgasolino storage tanks and a o be in a US �cea''but is toned SRI with aagricuulturaltuses permittltiplc The V proposed 'ase of this sitewould include a 3 , bedroo3n mobile home which would be located Where a shack currently between -the two large trees„ This ly stance members of the family' the,, home would be'occupied by s the blending, uses planned 'for the large warehouse. g, storage and bottling, or organic nutrients. No onsite sales will take lace, idea. for storage of tYiu fnisi�ede mor„i�ern In04:al building old ls� the quoiiset but include. the-,Use as adduct. greenhouse ve plans for to remove the tier covering,gre�nhause if it is r.ossibl ;`. IL L ., I ;r �"'�39d;d irtl i d Ofd STATUS. W IV9" 77 �z yid? Q4R ,AVE �CA '95949 90 017 000 STA T U5 : ACT I VE JOHN DANE 5 LER AVE ' F,°; CA 95928 490 0 x B 000 STATUS; ACTIVE DONALD L d;: PHYLLIS R 4 — 4�,Pj LES AVE - �'-� CA 95925 _`+90 2, 000, STATUS: ACTIVE ALMA MAE ETAL CA ;5942 L, d?itid4 X5'1%1 1;174 000 aTAT�1�r4 ACTIVE QAUER CHRIS ANTHONY i,: LAURA -t' N MINER 490 081 000 STATUS; A TIVd= �d r DUANE K & RONETA F 1616 8U T TE AV s"I liCa� CFS 95928 I drµ 4u:!-7HGRAVE8 �d CA 959E8 L- t%i.", ;701 f.1109 x300 TATU9l ACTIVE i -1JANARENA DAN G, Z.r 8E.MNECE 6,04 490 082 000 S a A T US x ACTI VE d'i Tt T HA 11154 > GNE p i NE AVE CH I CO CIO 95925 FZR;AVE'S CA 95928 039 039 480 150 000 STATUS �iCTM ALMOND GROWERS d~XC}-x44BE �> 0,Eu4 491%i d%123 t"0PJ STATUS: ACTIVE 31r,d7! "IEESIE ELLEN REV !Nlir rm VIVOS CRUS r0 BOX 768 C S�aW LESSIE ELLEN TRUS" EE �t�l":Fi; �r�E:Vi 0 -,A 95018 AdOPTHGRAVES " i i. JA .. 'b CA 95980 < 14;39 �s�Idfd%d2 d1d%i3 STATUS �KJ7I �lE NOF"ll STATS HULLING CJOPEk4T`t'/,,F fUdC 490 04, 0 0r, STATUS: ACTIVE B�,t;'`V i OERNARD f tx PATRICZA S' ETAL rA O 80X'3522 d"HICC CA 9x97 .�, A U;:' EF: AVE, ,— CA SS 959ah - 't �� Lt :dv a =F A�'sfat 'fif�Ju. E:+1'.fi:J 7 t1 1 L%w' ACTIVE 3ON2AL,Er ANTCNIQ )ILL,EGAS fI',rM ETv'i ..,g* 40 045 rJ, 0 ev,STATUS: ACTIVE %'NALD LEWIS' 813 MILLER QVE CHICO ,A 95928 80, BLVD im-AZt AND EL 357�;I L: 039 �Eff 0,0,5 j�,o0 STAT US$ ACTIVE ANDERSON CLINTON F -. A7O' ANN .3T 490, 059 c 00' s"i A T>l i5 : AC ACTIVE �Hux CRT" ROBERT E J8 ETAL AL _ FA 0 BOX 4667 C;H I CO CA 95927 71S TORTH GRAVES AVE CA 9592 '404 4907 073 0100 STATUS: ACTIVE U069 SLLEN R AMANDA :R Egg sTEV5N5 IaH M-0 CA 95928 4 h e'gi'd.�.�.?,�18 ent +�+i/ " "k'�Lc°a� �atJL� a.fldt wC1ibS{fir Mina, Later sag e 1643 8s,.'ver Road Chico C A 95926 ri f,*f0tsr enoe to w ' U00'Per' e ' 1 eanne�rSh1 donear, 'Vjiltil Precision bio 0 1aiI1 / / Lash ,Lasix charge 09/22/94 aging / Lav& Payment Amount $0.00 47/ " 05/94 Donna/ C Hg S ✓- RATE AMiT TnTA, CLERICAL 0.25 8.50 s4.00 07/05/94 Adm ftistration /,A Ifle210 Clerk of the Hoard - SP -t 'Hearing & x.00 Publishiig Vee 15.00 75,..00 0 1 y1111/94 Zine / p, #1012 PROCESS.LNG 1.,50 88.50 :59.00 07/18/'94 Luke / P r 1610 PRd�ESSI NG 0.50 29.50 ! 59 •.00.. 08.,/08/94 Tom / p `25108 PROCESSING 0.50 29.50 59.00 08/08/94 Luke / p #2536 PROCESSING 3.y0�0 177,00 59.0 08/'15,x`94 Luke / p 0272j" 21,00 118 .00 59.00 X39/1.5�A,��gnn / C ar317 CLERICAL 0.50 22.0 4Ei.o0; TCAL BILLABLE TIME cHRGES " 9,25 /TAr31LLA5LrJCOSS - ''- 1,. t T r i three hundred(300`) feet from the exterior bryundaries which an application for proposed, use Mailed to said has br,en made, of all Prow : upon address from therlates equelized_aslners at tjeir 16atwk o addreSaid sses notice 1l be except that in no case wn addresses using' Property owners a sha.il less than tenet roll of the Count closest to the areabeing UO) se of ^,r:dtte� notice shall indicate the time da* separate and indi�vii�al 9 considered be nOtifled, Ra id location of the subject pro erty such a notice shall not affect Y. F'ailurelofeanf the hearing and ��, Planning commission or the boardnOf�supervisorsManner eYacti enrtakennby ittyll �,c�oaive y tit SECTION 24447 175E PEPHITS -^- CRITERIA FOR (� TINt3 t The planning commission on the hesi aring, may grant use permits �reauiredfbthe evidence submitted at when it finds that the q t.l integrity and chatacter of the Gane in which provisions of this dlrA P,4r . Proposed uses of the property wila,:not i � I would not., be unreasonably incompatible with, the land lies grid thatw.heue detrimental to the health ancl` ar Injurious,, Properties or i residingor wor?c].n In general 'dor suZra�itc`,�.l�� g �.i:e� neighborhood or to the welfare of th�i Fye `�pns and $afety,s ofl the cbunt;, general health Evidence offered at the �t, disposed of in the manner setnfog he einder shall be received 24--27 b veld and ( ) herein. a .SECTIOPi 24-48 USE p TITS RXGEi'1' OF APPEAL Up The determination of the planning commission sDENTAL; PROCEDURk appeal is filed mith the clerk of the hoard Ofsupervisors final unless ie �f"� nth. the eighth calendar day following the date of the determinat that if said eighth da by 5100 p,f�r 5�n. 5:00 Y falls Ona Legal holida ion% Praid, r3ess.p m on the neat day which the Y,, the appeal may be f.il,ti by The clerk sha11 immet3iately forward sfcthe clerk is o planning commission• pen far has expired uc use permit i+sissue issued Until the zantil the board�ofasupervjeo sl cteon t5ad ain far peal the date of filing of an appeal, the board a supervene an appeal) � � d for a hearing.'f sul. aaiti,i�y ten (lp) days' of Said hearing shall be advertised and noticed section 24•-46:. The board of supervisors shall decide shall set a e findings required,in section 24- a such a Pursuant Baring shall bQ conducted de novo Provided appeals ms ,� th The board of supervise Ps, exhibits and staff recommendationsdmadet,4 ail s ,,pa,, commission may be considered by the board of supervisorslicto applications 'pg- recommendations presented to the 1drinka the board of supere�isors shall be final grid not subject de a court of competent Jurisdiction. The review ekco�y to re�riew ex��, by SEcTlota 2498,.1 Ct5E pF.i�+ilxS b- TIM LIMTS If any use for which a permit has been {1) year of the date. of rot:eipt ai the granted its not established taithix1rc� shall. become null and void and reapplication by the be rerluired to establish the use Permittee, the p rn unless, thin pr6viausl Pursuant to section 2445 ;11 y {30) days y granted a -,der the expired It CI);year,exti, sloe is Y prsax to the expiration date, a request sufcicient evidence, thatbtimcel to ithe Planning commission to et far, i limits for together ~with processing development Permits X12 it 21.195 H=6 Occupation: Any of the following bunsinesses or .g6rt4p conducted. on the premises by occupants of residential dwellings .off !"�t lie homes; (a) Sale of agricultural goods produced on the premises:I (b) Indoor display and sale of tarts and crafts goods products or twf& premises, including pottery, jewelry, paintings, sculpture, t,,pp;ture, photographs, leatherwork and similar objects. (c) professional offices and services. (d) offices and sorviaes conducted primarily by mail or telepho ,� (e) Domestic services, including laundry, ironing, 'sawing and sl419.aPY uses. (f ) other ,services: conducted within a residential dwa;lling.' 24-21.200 Hospital: 'Hospital" means an institution necializinlg giving clinical, temporary and emergency, or, long-term services of a meth,66)AIr surgical nature to human patients, and licensed by state law tol pr&1JN9 facilities and services in surgery, obstetrics andgr�neral;medica, j,.A.otice. 24-21:210Hotel; "Hotel" weans a building in which ther4 are more, guest rooms where lodging with or witiout meals is provided fot compensation, but shall not include jails, hosp ,tals, asylums, sahif,'040ms, orphanages, prisons, detention homes and similar buildings where 'b ' beings are housed or detained under legal restraint. 24-21.220 house. Gusits A detached living quarters Of a permanent �.ypa of construction containing not more than five hundred (500) feet in a.r#a'a w)nich does not contain kitchen facilities and which is designed for and uiA''A, ba ;house nonpaying transients, visitors or guests of the occupants of "" duelling on the lot; and having a near yard and sideyard of not ass" .kr)�an five (5) feet and located not leas than ten (10) feet from any oR.hl accessory building and not less than eight (2) feet from any main by 1' ing on the same lot. of-an.�article, substance or30 Industr : The ncommodity,forrany otherrtdeatnen othat#62f,'.a,!r:tinn ,g � o;�� i n such a manner as to chane the form or character thereof. ant thexa 2421.240 sunk• Any vorn-out and discarded material in general 'that, 4�ay be - turned to some use including, but not limited to, any old irony '*art#, #s of copper, tin, lead, rags, paper, ;bads,'luniber, empty bottles, bones,-�rNI bicycles, tricycles, baby carriages, automobiles,, and other'vehialte, ltad in iisr:antled, in whole or in 'part, kept, stored, located, situated or P,-,, public view, and all other, similar personal property ordinarily deflhW} and Classified as 'junk' kept, stored, located, situated or piped in view and not screened from public view by a fence. ,24�21�Z5fi Junkyard: "Junkyard" means the use of more than one hundt#&1 (100)'square feet of the area of any lot, or the use of any portion that half of a lot which adjoins any street or .highway, for the purchase dr° Palo of junk as ,herein defined. 2.4--21.260 panne : Any premises,' except where accesSOry to an agr4oul' jVal use, for which a license is required by Section 9- of this Code. a f ] � ""nn.R�c�arumwwra er"1 �lTq«77 �ramoawM.vw— 77 ` 3 i rt` 11 , II (c) �li54 lilt) The "WP" appearing alter s zoning designation on -the oO)w6honsive Zoning Plans indicates f.,hcac 'the property so i�:lassifie!d iib k.al4ect; to the provisions of this Article in addition to those 01 fh'a underlying district onto which it is overlaid , T,�e regulations of the "WP" district specified within�:)i,� �li` ti cle- acid as specified in a resolution of Hard of Supeirvi,s"t>TO adopting policies, procedures and s iroaC shallprevail Myer anis conflict.ing regulations of any dist onto which tole 'iyr district is overlaid_ SEC"'YC)4' 24-197 RESERVED SECTION 414-198 RESERVED 5EGTIOU 24-199 RESERVED SMZ;1 �N 24-2qo HO1HF OCCUPATZON, (a) Fs,.smfttedt Notwithstgn4.i,xg any provision to the contrary ,in ttYA chapter, home occupations as defined inq section 24-21.1,95 ibre 6,19 owed in all zones which allow dwellings and imob.ile homes except-in X0-5 where such occupations are objectionable because of noise, 0666/ smoke, dust, bright light, vibration, pollution,, traffic congest3,on, u>��a», 4, access or .the handling of explosives or dangerous materials. M such oases a use permit shall be required All home •ocoupationla ,-Otw , �e stubject to the following ,conditiono (]4) Employment and, work on home occupi)tion's shall be :limitedto members of the fE mily residinq onp the premises end sliall bQ_ conducted entirely within theixr dwelling and rauxil.i.aty ecce t for ,a r:icy lturaluses, ' (2) on-premises advertising for home octcupstions shall lap' III,, f�et�of d sign with not. more than three 3s u,&r! ,. once (1) unlighte gn t.) q display area, and such sign shall not be located in itny rerj+1AXred yard; 3)" A,l,l equipment, paterials and wastes Connected Faith hone occupations shall be contained within 'a building, .ek�aept. 1. Mr sir r:�cultural pt ducts; Board of 8uoer•r,riso s Discussion, ltea 81=2U: lhtexprieta'tirGM Off &Ilowed def':�l'4 tion �pff ashome occt7)aationne i,,; not all owed use under th,e b ; I i "'" ^T Ty7RbRA.J44199FgRAR1ARa.'nmw.ra+M1.' \\' ,)t: 1 ^t••--,^r^•^••m•-.._ . "EC'TION 24-36.3 SEVERABILITY Xf any provision or clause of this chapter or the 4ppliea;rion ther* to any or circumstance is held to be unconstitutio)16 or otherWi4# Wilid Ey lay any court of competent jurisdiction, such invalidity shall not pct other provisions or :clauses or application of this Chapter which d ti° implemented without the invalid provision, clauses or application,' �i to this end, the provisions and clauses of this chapterare declare t )fie severable. SZCTION 24736.4 AMORTIZATION All adult entertainment businesses and;/or activities which become Alii lect to the p lchapter, and which do not Meat the lol>equirements of this chapter, shall cease Operation within ( lVgars following receipt of a written notice from the planning commission;the 1 ownez of theremises p , provided that fi'uC'1 activities n1&y be $1lauied f'q i continue for an additional period upon the granting of an excepti6f, J+i the planning' commission upon the finding that the activity is oblig*t64 j virtue of a written lease entered into beforit the effective data of 'r"3 is chapter, for a period exceeding three (3) years from such effective eo�tip,te of this chapter., or that the activity involves investment sof money in l ehold or improvements, of such sum that a longer period is necessary to pt,61YVPt undue financial hardship. Board of 5ureryi.sors Discussion item 86-387: Interpretation Addl*, 4 Dal period of time shall be not in excess of ninety (90) days. The dii4%t,0040n aery process will be by use permit ,and solely limited to factual; detotjiiina- tion of those items in section 24-X36.4. SECTION 214-37 NONCONFORMING VSzrS kC'i 24-37; i PURPOSE AND WEN12 Existing uses, structures and buildings', and lotsor parcels W.hich d6 00t conform to the regulations of the zone in which they are located a bs.,l!"i be subject to these specific requlations. 1t is the purpose of this 1a � to ,cue establish procedures to 'permit the, ci5ntinued operation of, such uses 0,00,e such uses are appropriate while" eliminating nanconfo mingi use abandonment; obsolescence or deatruction: ;R! S�C'�ZOB(..'�4�•�i'ai�� Y&'�S' �P' Y�d�i�fi�i�'C►II�1G, �S$S �i�P"I&71 As used:in this chapter~ the term nonconforming uses includes lseverst.11I&YPOs of nonconformitie,s. Several distinct tyres of noncooformities c:an distinguished from one another., These include: (a) Nonconforming :building: --'that situation which occurs when a 1auJJ4An9 or structure does n.ot conform to the zone regulations because of 040to height, location, materials or proximity to other buildjngsw and - (b) Nonconfortoing use of a buildincl -- that sit6at on which occurs Vh*,n the use of a building or structure does not conform although the buil4nq or structure does; and 3 s f.. y Uses of nd hat (o) Nonconforming it �i�harethe Is�.tf J0ks land regardless any buildings ofstructurecorm, t" I (d) Conditional use withoit use permit -- that situation where a ,I�hich l is listed as a conditional use of ttre sone in which i it, l0C2aai does not have a use permit. For the purposes of this chapter these various no naonfo6�e known as nonconforming use:a rmi ti:xs I�hrc't � SECTION 24--37.7 CONTINUED USE OF A LXGAL NORCONT"ORMING VSr Craept as hereinafter otherwise provided, any use, buildinq or VtreYA;I:.IaZ`e, existing on the effective date'of thin chapter, may be continued !�t/eq,, though such use, building or structure may not conform with the regulcatif,r<F� k4f the been in w it established and rovided, htivever, that such urea r;up�. Wlsare Y 1?r zone in which it is la..ated t in viral, ".ion of any ordinanor ; s�',tt ute Or regulation in effect at the time. Furthermore, such use;, struotuyp 4•+r building must have been in existence at the time, not merely contLst,e,;i ted. Use permits, variances, building permits or other permits not 6Xtro,g'g'gd within the required time do not establish the right t a legal rfmr e, rig use. Pursuant to IWO the h � cr" �,f+�x'trri. party asserting r� right to aT noncotlfvxjrj'c�w�.d use has the burden of proof to establish the lawful and continuing eis;�r�,�;�►>e of the use at the time of the enactment of the orditnance, statute Or regulation. SECTION, 24'-37.4: cnAwGE OR tXpANSIQW OF NONCONFORMING APSE. USE 'FERHTT" REQUXRZD. l;xcept as hereinafter otherwise provided, no nonconforming use: shall be expanded, enlarged,extended, reconstructed substituted, off structurally altered. unlesa made to confortrt to the use stallidards a nen- regulauions for the zone within which it Is located. Provided, Jiowp,� - '; what any nonconforming use mai be changed to another nonconforming Ibfi'I�, expanded, enlarged, extended, r000nstructed, or structurally altered'+410n obtaining a use permit When .rtz.I7 the planning commission, o _ cansideri�t (A use permit ,for a nohoonforimin7 use, the planting Commission shall grant U�'w Ilse rpermi.t when.it finds t1zat the chali5e, expansion, eblarement extentl'o), reconstruction, or structural alteration! of such ure will not confl„�t'�r with, impair or, br:�, detrimenta tc;, the unite both permitted and c�►i1ditipna �� the sone in w°hicsh it is loiaittecN and/or adjoins. Thin finding shall be i1� addition tt* the findings- xe9uired by SectiOl24,-47 of the buttoa cclutI4,7 Zoning Ordinance,. PursivaPt to Section 24-43 the planning f�amtr►i,sasi;�in � �� iiiipose oondita.cns upon the 'SSuanoe of the use permit which are x,ea-tree, ly related' to the use of �thi� property f jr which the use i►n addition the planning ctouni2ss,i,on may at its own discr�'cion�estb� blj� 'JJ a date for either the terminat�,iot, of the use tax rtvielw of the use perm,! f:,,» whenever a non.conformi.vy tater ha;a .been changed to o0nforrr► to .aha uses, standards and, regulations of tbd zone in, which it is boated he u Y►iA,%e7Y►" forming use shatll not thereafter be 0hlanged to a horricoocate ng usew $ECTION 24. 37' S RESIDENTIAL OURSTITrJT10,14 PMWITTEA The substitution of ,A slrngfle nonconforming residential building or stl`aoture is permitted subject, to a review and ooh.d.Gtions imposed by the l in I director. Such conditions shall be limited to setbaokq height, once,placement of the building or structure on the r��rt o ons, Substitution of a nonconforming mobile home shall be cons rirope a 'fitted residential substitution under the terms of this chapter, SECTION 24 37.6 : ,ABANDONH.V.IjT OF 'NONCOtnFO'Rt4INO us,% (a) Abandonment. Consequences: A nonconforming use, shall bre 6b,aiit 6r, -p°,4 when It is voluntarily discontinued with the intent not to resumo it, Th*Fe, ,shale be a presumption that a nonconforming use which: has boon di,sTh*F rt�aed. for a period of Twelve; (12) consecutive months has been abboon di, 6 al�,iiwr, the property owner, occupant or other part thh may submit evidence to rebut the asserting the,right to idl use discontinuance was not voluntary. presumption pope including ocoupstkt that g�'�te: l property cog u v oao th'' t oro a JC party .asserting the right �o a legal .nonconfarminr� use hos tha .burde�a� J� proving the lr�gal and continuing existence of the use• nonconforming use.. shall no ,longer be a lega,a: nonconformi.sOicn}c�o�b�tni��a � to the rights and privileges described .in this Chapter anpi thex�after sYo��l be made to dated, to the usea,_standards and requirements ofr-the zone j1 Whish it is Iodated, (b) Determinateort of Abandonment; nment Appeal: The Planning._ Director may determine whether, or nota nonconforming use has been abandoned and mail notice of such determination to the property owner using rho,address f,',,v the latest equalized assessment roll of the County of Butte' and tcti" t;!►e+ Occupant at the street address of theproperty.The occupant may, within 15 da s of property, o zer 0` the determination to the Board of Supervisors. said lf noasuchiaatian''.dp":+1 the determination of the Plahnin Director s ppe IV filed, it shall be filed and heard in the hsame pmanherlas aif such peglr p 241 a to Section 24-48. There shall be no fee required far tate fil�ng ,of st"r"�� antn SECTION 24-37_65 RESTORATION or HONC6NFOF HINCr BU LDIVOS' OR STROCTt7U§ A nonconforming building or structure which does not conform to the re�yairad side yard, ;:ear yard, or street ,setback areas, which or destra ed totally or in is demolished, deijoaled, e Y part, may be restored to a total floor artepr to Section `24-43 g' Y UPOn securinv a use permit purruitvx" to fire same extent as the ori anal onl SECTION 14-37.7 RESTORATION of jgoNeoni±OIOII G Y7S,, A nonconforming use, building or structure catastrophically damaged or destroyed totally or in part, may 1e the same extent as the original without �aause ered to m t, floor area or that any expansion:,, enlargement or extension of ethe.noiyat5nfnr ed, ho e DO .# allowed only up6n securing a case permit pursuant to conforming ��ing rye �s11ch restoration or reconstrueti,on csf �§ n,onconfoxming use est requiring4 permit shall commence rit"hin twelve; (12) months and be ut5mpted itha twenty --four (24) months Of the �t,irner of damage ter, it . hal �f, ba d�emer�;- a.aaJ�k�.0-� droned. Upon apppl,icat.jOn to the lannin p g ,commission nn W t:e4si;on o.1p ',:.J�k��' for floe restcrastior.. cif 'nonconforming use 4may be granted nol, to exceed ii11+e� f5) years in total. 3.� tJ WAMM ,I SECTION 24-37. a MINTENANCH 1JIM E�S FOR SAP'XTY Nothing in thio chapter shall maintenance of q nanconfShallgprevent the normal, ordinary,� ' Provided that such axi oa .!�a Include major �struatural alterations which have the e��feat a enlarging or extending the nonconfoa-min Use* foot ena nitre +mss not Prevent any such repair,. alteration or f :edhtj,' Ong„ g Nnthi:nyY in this cha.'��:�' erhal,l any Portion of a restoration Director unonconforming use when so directecitb is he safe condxxa of tion iof the spublic heal P n a 'finding that such is necessary 13uttet.)x��'��~y p asci safety. rot,ec- SEMON 24-37.9 CONSTRUCTIONV.aB F'EFt34I'3'S -w- A1JEXb2fiEMS'S (a) Nothing in this chapter shall require any change in the, planar Baan. struction size or designated use of any land, building or st§-jh, which ,building permits have been issued �rurs for sions of this chapi.zr or ordinances then in effect. arice with t pro'V-� that the actual use or constrtaction under such Providcad, J� 'PrwWver, to the effective date of this chapter and in all such cases out in a normal manner permit has bt4L�"1a'.`�«,;l��'! PiCor until ccompletion. be ,Carried (b) Except as provided in subsr�C any rezoning or subsequent- t.lioan (a) of this section, and Sd effect of ng o subs a Mendment Ct.i�i'ati1 94 43, nd this chapter which baa i"toa conditions under which aparticWl,�r conditional lase ar c,hanginr j e shall remain valid unlessastecif°r cnndit anal use ipgy be,erl o''. d amending ordinance. Subjectp1:oxtliealimstat ons ted to the contrary J1) the such use permits shall remain valid and ;�a Sectito'n 24-4J Aii,y (erred. or modified through amendment to the be Used, eX that th exi:ended, ��,',�n01- rezoning or amendment was not adopted. shall be granted following such xezorin9Narextsion Qf a use p o xlrtt applicant makes, a satisfactory amendment unY.s,a t,h# therei been 1 showing to, the continuedec�ffectjvenessaflthe uramade ipnaxel3anety� Ufsui3) that expenditures period and/or the inability, to completeit within the prea;tcriibied'tt�ii7t� use permit is doe' to reasons beyorithe the project authr�rized Jw the. SECTION 7..4-37.10 NOUCONFORHING 'p";C1t:LS pF ppl�cant s controlw Exca t as otherw R+�CO� -p ase provided in this chapter or whore: Specif'iCAlly M P p •- ,1-1 under the ° rouisaons of Seetaan 66499.11 et se y of tiia Gauer i legally established parcel of land of unbent Ctjtah�, ,any Width or frontage required for the zO1record hakVing le -845 than, tl''le MihaJ)p�y for a permitted use provided' that the in which it i.8 located, Joay b Cine, parcel: (a) Meet the other area or ditnensia)na;l standards and re r Proposed use unless Changed b the iremen�„s for 1e y 1 L” iniad Panning too mm cqruu issian with <,a I�r;<srii�t��Ge' (b) Meet the requirements of"the Eutte.Caunt provisions of water and `sewage disposal. Neal th DeP,lrrment 40t th,o Bide yard setbacks: on nonconforming lots naa increments until at least a� 75 foot wide building by fiVe f5�' afti�t side yard setback requirement is �a be �educ�d b9�-ort elope is achfeiw�ed. �C# modification of side yard setbacks. is to be a ,bw i'eh' (Z��.'feet.' t1V,1 by the planning director or deputy after � apnrovad in each and ev�rY .D" is;a legally created Se nonconforming lot., g that the subject pr bpssrty 36 L�11 1 Use P�errnit 94-� - Joanne Sclielsky r d. The destruction, coffering or modification of any unique geologic or Physical tea taires?' o � d ,j�,a Rqn c: The site has no unique geologic or physical features. I, ti �ationt required. wired. I q I� e, Any substantial increase in wind or water erosion of soils, either on or off-site? #gyp X _se- The proposal will no,. cause sub - � l�,�.R._.,._ p P substantial erosion of the sail i t atiosa: None required J. Changes in deposition or erosion of beach sands, or ehainges in siltation, i deposition or erosion which may modify the channel of a river or stream �i or the bed of any hike' iWic X nse> The proposal will not affect an watercourse '! p� p P �+ I MA , !tiorr-4 None required. r 0, Loss of prime agriculturally productive soils outside designated urban areas2 irio The project site does contain prime agriculture soils, However, the land is riot pi'a sntly `unda r barloultural production near has it been In production in the past. The parcel is also located on the uvlj�S' r side of the �fllaa Greenline. Therefore, this proposal will not result in a sfgnifiicant loss to the regions sgrioraltul'all productivity, 'I'lip applicant intends to utilize these soils for a test garden In which she will evaluate orgenio ahl'altrlents beCnKI ptoduced. _MJ"Witiont None required. ti, C:xposure of people or property to geologic taazards such as earthquakes, landslides, 'mud-slides, ground failure, or similar hazards? & Mi�nsa: All of Butte County is in a Moderate Earthquake Intensity Zone Vill. Construction of build's ail �1 to Uniform i %,llfllding Code standards will provide adequate protection to occupants in case of seismic activity, MI(WgLILorr None requited. 14 'Mill> Vie proposal result in: g, Substantial air emissions or deterioNdion of ambient air qualipp. X�,,,, ifs onse, The proposal will not significantly affect aar ti uality because the project wiil not ° crO4fd1.AnY related 9missl6ns nor will there be a significant Cncreise in the number of vehicle trips. However,: some short telgji air quality Impacts will probably occur as a result of ski preparation and construction of a home, 10tl atidn None required. i t The creation of objectionable odors' X ggp,ogW The proposal will Involve the storage and mixing of dried, organic nutrients into a lIg6[d form. This process may have the potential to create slime odors, however, these odors: have no particulalr &#fenstVe or ,i)17jec,tionable characteristics that would impact surrounding propertles. Additionally, tite;pmi1 je+ct will 1drldertalren *ntirely irldoors and oll ingredients will be stored in covered .containers. The mixing process occtjrs erlt1Jr#1y 1r1-losed twntE-Iner''s and the product is directly bottled. The location of this project; is adjacent t0 currently fart 0. orchards and a, large hulling operation which create abundimt agricultural related sensory impacts that far exceeci;`4tty perceived I,n'mpacts created by this pleoposal. I _ ®...Butte Cour Devela metra` county p Services Deportment Plarrnirry Division L i �Jtsraennit g4- nn -S aheCsly jtjA#j, nv None required, ' i ) tt� Alteration Ofair it rrloverrient, moisture, temperature, or any change In oleate whether locally cit regionally' , t The proposal will not affect the local or None req�iired, regional climate. Edi! ! .,i'1t.Q,f4 Will the propowl result in: a, Substantial changes in Currents, or the course or direction of Water m�overoye In fresh waters? nts, l<io . �dbi�,p, ase: The proposal will not affect any Watercourse or the direction and movement of .� ° "t�arcau s j AMMO -0. i 4one required. ddat��r sura ,��!� res. b, Substantial charniges in .absorptio1n rtes, drainage patterns, or the ,amount of surface runoff on-site or into any water bod i#e and 0s once: This proj4act' may ultimately result in the creation of new impervious surfaces i �flK10Ways. An increase In surface Water runoff can be expected due to the reduced Ch' es �� 5�dlrCs and 101pervious surfaces. However, the drainage patterns arounrl;th� ske Will nr�t bed absorption �a tf ation, gone re uired. rate C!` i from the a � rficantiy lrnpaotad? 0, Need for off-site surface drainage improvements, Including vegetation ref'�o channelization Oi culvert installation? Val, A ...„. ee Qnse: No off-site surface drainage improvements are needed. I?C. @tion: None required. , Alternations to that course or flow of flood: waters? ,fides ortse: The propos.41 will,M.not significantly affect any flood control char w � l ation: None required. vele or watercourses, d, OfsCharge into surface waters, or in any alteration or surface tiv-ater tlaaai' including but not l�iniited to, temperature, dissolved, o igen o�' turbid fib+' s once: The proposal will neither discharge pollutants into any sunFace Mer body ntr alter ars r'r o►t�lri result in an impact to wvater qurty. y V�ate1 *,c , ly that j%gLdon: None required, fM Alteration of the direction of rate of flow of ground waters;i BRi onset The Proposal v ,11 rot affect the direction or flow of ground tiv„ t ation: Wane required eters. g. ChOnge in the quantity of ground waters, either through direct add fans or Withdrawals, or through ,j`nterception of an aquifer by or a�=�tiratlttc�s'� I a� ft1ponseThe proposal will not directly affect any aquifer. Mill ation� None required. B- nt Planning DIW. 'e me Cour* DeVelo�rrne Services be Par ea n 6 i t. II 1 77, 7 r Q -7 On Permit 94-42 - Jeann'e achefsky hx $ubstantdai reduction in the amount of water otherwise available for'pubiiio' water supplies? it Lam Me: A substantial reduction in public water supplies will not occur as a result Df prt�jttt t ,��ddt, deiation, None required. td Exposure of people or property to related hazards such as tlooddng, po X esponse: The proposal will not expose people or property to flooding. ltd oat on• None required: „jnt Life. Will the proposal result in: tl, 'Change in the diversity of species, or number of any native species of plants i,dncluddng trees, shrubs, grass, crops and aquatic plants)? X r, esoorr_�_se: The proposed project should not signfflca:ntly affect the diversity of the area print Ifle.: ftl RtL0-r1: None required. b. Reduction of the numbers of any unique, rare or endangered species of plsnt�? C ng-splonse: The property does not contain habitat that would support any unique, rare or endangered µfent specley dti atibn: gone required, c, Introduction of s -:®w species of plants into an area of native vegetation, or In a. barrier to the iiarrnal replenishment of existdng species? fq }C 1 1 &Wgwe: Approval of ti lis request may result in the introductlon of non-natdve plant species into the ay g. Recsust tela non-native vegetation is not expected to be extensive, the prn"i should not be significant, MM9JR1� 10n: None required. Sa f fi., "Substantial reduction in acreage of, any agricultural crop? , X ,)` sgonse: The site does not contain any agricultural crops and has been utilized as a agricultural pif6e, `sing and Stora& facility for many years. The site is presently developed with three metal agrlcuitural bulldin 4q, ft. and the parcel is enclosed by a chain link fence. gs it ��llapy 12,120 M ttg{ tion: None required. dial Lift. Will the proposal result in: & Change in the diversity of species or numbers of any species of andma is (birds land animals, reptiles, fish, shellfish,,benthic organisms or insects)? �[ 02onse: The proposal will not result in a substarttial change in animal habWat. ti gtions Nona required, b, (Reduction of the: numbers of any unique, rare or endangered species of animals? 1191 J—C }gest icanse: The property does not contain habitat that would support any unique, rare or aandarigee, spades of animals, iii None required. Aiitltt atlt►n: �v gutte COUhr:y Developinent Services Deparurient � lannth# Mdsion 4 gt.?kQARdwwc71 11 j Ufa Permit 9422 Jeallle achelsky+ ,c, introduction of new species of animals into an area, or in a barrier tea. tho migration or movement of animals? i , gs' onse: This project may lntroduce domestic pets Into the area, but because the area is jn `ark U.j,klgnlzed arca, i the introduction of pets is not expected :o cause any impacts on the natural wildlife, 11,ritlaation Mone required ` d, Deterioration to existing fish or wildlife habitat? tip __ n osaonse: The site does not contain fish or wildlife habitat that would be significantly Impact e> by 44, project, � pJli2ia� aticsn None required. o wee Will the proposal re;vutt in: { a Substantial increases in existing noise levels? j°o X _ f.�ponsg The proposal involves the processing and packaging of ingredients that will require the of a pool primp to mix the ingredients. This could have the potential to cause a incremental 'increase In ambia4r _ ru)ise levels. However, the project will be conducted entirely inside of large building that will effectively suppress ai r' rioise lever affecting surrounding properties resulting in no substantial increase in existing noise levels, l' f tionr None required. b, Exposure of people to revere noise levels? + X gAponse: The proposal will not expose penole to severe noise levels. ation. None required. anrf ,are. Will the proposal produce substantial hexa iight or glare? fro -gnse: The proposal will not result in a substantial increase in light or glare created on site or It+ f'fte vicinity, t,'Aj stion: Berne required. Ad use. Will the proposal Kesuft in a substantial alteration of the present or planned land .use o{ the or? _ X # �s se. The parcel fins seen ufiilized forvadous agricultural and storage functloils for 50+years a iii continuo to serve in this manner. The applicant is asking to continue this nonconforming use and utilize the 14: 4 ing building) rjn the parcel ratherthan build new steucture& The property is zoned SR-1 (Suburban Residential -1 a minimums), 1 which permis one single family residence on the parcel as well as accessary uses which Includes ag'n'6014-fral pursulta, j and home occupations. The proposal to produce organic''nutrients and create a'test garden are vats #qriculturally la County Codd does restrict the establishment of fertilizer works foto tgi rgductlon of rrr;jai matter, however, thishn The, nutrient business i. clearly net associated with the opera.lon s�,� rommerrlai tainted uses in this zone fertilizer plant. The business will begin as a legitimate home occupation and perhaps tatIIIze c&j'ii�i�ltants and technicians for various aspects of the business. The General Man designates this area as pgricul (#4 Nesidential which permits both a residential use of the pccircel as well as agric Aturaily related activities, This propoaiwill conform to both the General Plan and zoning and cause no substantial alteration of the present or planned tt* of the area, Itiations None required. Butte County Developmoni Services Department Planning Divislun 5 fl Use jea�o� ��t'heisicjr;, Saxtastantiai t 'sy%ems, MciudIng r r �uac a grin ex! 3q mn�porl�tia PON: Bavonsest This proposal will not skinificantly" impact eadstirg transpnrtatltbn systenls, ji �iciri, Non' required. ; aigniActant altaratio ns to pras6rrt patterns ,61 circulation or movement of peupi[e .and,/ort�aydT ,..... S son! 4 . The proposal will not after the present pattpm cif circulation in the area. tl act bora None required. , Alterlatfons to wcaterburtae, rail nor air traffic?'4qR p9ns � The i' ,oposai will not affect rali or air traffic. 3 � ll a t�r "none required. , Increase lea traffic, hazards to motor vrehicles, bir-e.'tsis or pedestrians? X j pnseW ;this project wiill not result 'in traffic related hazards to rnotar vehicles, bicyclists or +y ;tl°bans. jNi 8L1on:. Mona required. Its tlbiiq. SeMces. W'illl floe: propo it have substantial .affect upon or reslift in a need torr h4VI oa° aherot g,� vw'nmertaQ services1n any ottftfollowing �g areasW. , x ► ire Protection? 109 The proposal will not have a substantial impact on tyre protection in the area, 'f!itico-n: None required. r Police protection. #9 his proposal will, not have a aubsta,tytiai impact on police' services. 7 1yj tj 9 —apjn None required. 110 b� 2� S� ri S '0i N� x ,&o,gpon,W This proposal will not havo ori effect din sc:hr5c�! #acuities. done reysirod. da Paw,:q or oiler Ncreittiord fac4gie,i? : gl�arig L-- The. pr�iposaf will not rk4,sult ffnincrei se irr demand for uric ons recreFation faiej� Inti,4 0rea• D tl tr i !'i Nor;6� miquiml- l Pd' Artitgrlance of E7u',JI'ir:1%cillMC, irPctu in r&ds i "+"r" —X—. IMM " :� ThO propma! twill resuft in an lncr>; Sian i ta" increase ii1 the need for maintenance of road � �!JD„1'i►�P public fgdRif m, Inthe arez,. C2'at%�n meths required, M.+l}"'Miw II�.I.w+.:....rM.4.gww..'wiwrr.r+.n...'erM.Wn�ww.wu,wl,hr '. rwwww�..w��.wwwnnie.{ii�uuli..+sw�r�ifVN'V"'rvFn'�R' x Bu&6 Cot,;ntMetre/opm,i�,��+f S'Brvacea, ec PhWaing Dmmjora � r Y 4 ? i\ 4 - .. 1- i 1, �J •} I. _ Il .. i�'i a .. ; .. x.4',-. �:. ' U. a Mher goy, rnmpntal sa~&Ides M, r% e: 'he prrs-?caaal wflli ; of result ir�'a�r incree�e irr demand fQr all gather ��v►.r��e��ll ,s�pvi��'� dii the are� "ti atlon:, done required. I .Wirer Will the proposal result in: t, Use of'substanOO aniount:t of lual or gnergyl s �gjIse: The proposal will not uOlizo substantial fuel or energy. None required: ' b.u tilos laol increase in, dernand upon existing sources of energy or require tftry development of reel►w sources of'energr. cis r� a; 'The proposal will not substantially increase the demand for energy, i t�aczct. None required: Its,tilt�f's . Gy'lff the proposal .,,mivult 'I a a •taxed for new systems or substantial alter��tlons iii �1hc� ficifill°r��Il� utilit6e�a A. Power or natural gas? #( ?t Ike—Uft e: The proposal Will not affect e4ectriml`p&Ner or natural cdas distrif�uti0r9 9y5teti6g. giti` gtiog: None required: b. C;crmrttiunctirsra �ysterns' =�-- it l T: The proposal will not. affect carrarr unigauoh,systenns. 1 ,ft,,, gttA VNone required: ti ?k; { a orrse: Tire pr000sal will not effect pubalo water systems.,,' M_ #lora: None re�►arred.. 0. 5'awer or septic'tanks?I Y. 1. The proposal will have !;d, meetthe mquira-meritsofthan 8Wc-.� County l~rlvirranrriontai Ne 4��r ��l�ariment. itir crrr: None required. (! R Storxo water r drainage x cis once: "rile proposal will not sub%tant ail!y affeoi: ,drelnacde ,. iflr�ti'om None required. I. Solid wastn and disposal? Ym ee ager, The proposal �Mll not Ofeot . ,dld %lista di-Sto al. � +1 i gtiq i done required, Rune county' Deueloprtt if Servkes bepxtraept 2 P107ning DA01'on I t' A jl i 1- I t r � Use Permit 64-22 - Jeartnc: Schelky w ]MANDATORY FIND946S OF SIGNIFICANCE. 1. Does the project have the potential to degrade the quality of the en'vIroroment sub'lnaPt#j ��p� re��uce tlt habitat af,a fish or wiidilie species, c;piose a fish or wildlife population to drop below soli atfs� �piatig LeviaC�; threaten to elfinhiate a plant or animal or eliminate Important .exampies of lite rii3jor psrlo f c4ti9ii'arni history or prehistory l o< x a ons3e: As discussed int Section it of this documont and more specifically subsections 3, 4 and 5, iI Ajs project will ,not significantly degrade the quality of the environment. . Does the prolect have the potential to achieve short-term, to the disadvantage of Tong»telrra, ; ,irt rtm�anr�t+.i goals? (A short -tetra impact on the envleonment is; one which occurs in a relatively brief, t160tr"artive periOld of time while long -teras impacts will endute will into the future.) ,�panse.- The project, as discussed in Section Ii of this Initlai:Study, will not result In short-term ,�iinefits of IN ,i�laensa or impacting long-term environmental goals. i Doee the project have impacts which are ilidividually limited, out cumulatively considerata)6 �� prOjeictks l Ira ct ion two or more separate resources may bel, re atively, small, but where the effect of tho%i Impacts on the environment is significant.) t rjt arSs This proposal will not have a significant cumulative impact on the environment. Does lite project have environmental effects which VAII Muse substantlal ad verse effects on, h6qtgn beings, eithar cliirectly or indirectly? rr x 1 gggk ortsp:r ,As discussed in Section Il, Subsections 10, 14 and 17 of this Initial Study, this proposal V�aIII riot hAve. a 09nftaht adverse effect on human beings. lbw PITERM D M04 On the baso% of this initial evraluatrart: Y I find that the proposed project tWr UU3, NOT have a sigi'.iificant effect on the environment, anti'` iwtaATIVlw .:----- i DECLARATION will be prepared, I find that although the proposed project .E':t7i IM, HAVE a signs scant effect pan the ellvirtrort�neIgtj there willnotb{, t the�conditions of a e roval for project A NEGATIVE DEC LAIWnoN will bo rein aa,W, �l�en added g se because tie mitigation measures described he pp P 1 � papas` 1 find that the proposed'' project IiA,AY have a significant effect on tele envfrottra+-&,f, t and an ENVIRONMENTAL IMPACT REPORT is required. ,I Va:te: 2 Wy? 1994 Prepared by. Step ,en Luc�is, Planner 1`10,viewed by:�. Paul' a' Leasure, Principal ttner -i rr 6utte Coun4e Development 4�eruices Dejbaftent W planning Dniisron 10 5 1110a Permit 94-22 - Jeanne Schelsky 17, Rtblevant Spheres of Influence: Chico 1S. Improvement Standards Urban Area: None 110 Fire Protection Service: a. Nearest County (State) Fire Station; Station number 44 approximately 3 miles'awa , b. Water Availability: Fire tankers only. y VS. Schools: Chico Unified School Distric:t(s). ENVIRONMENTAL REFERENCE MATERIA' OUtte County Planning Department. gqh Uake and Fault Activit Ma 11-i Seismic Safe r`i CH2M Hill, 1977, Eiemen;. ,1rWille, C'; l,Utte County Planning Department. Wguefactlon Potential Mr," llflll, 1977. 11-2 Seisartia Safet Elem r °, �A: CHEM a. Butte County Planning Department. St.rbsidenee and. Landslf�tie Potentia! Ma 111 �i Safe d 4112M Hill, 1977. Clem, ent, irlwlile, CIA Uutte CountyPlanning 9 Department, Erosion Potehtial Mab 111..2, Safety Slement; r'�• butte Colin Planning Department, Expansive So(!s M n 11.1-t Sarfp Element.roviliel,CA�: t'erfflil, 1977, a Iutte County Plan CH,�n/ 4l 1977. County Hing DPlaartment. Noise Element Ma I --1 ;iconic Hl hwa Elerrlent. Orovllle"CA. �, i2M Hill, 1977. %',: Butte County Planning i Department, SoniHiSpic -i hwa mtOroville, CA: �,W12M Hill, :Outtn County Planning department. Nafu;"�al hire H and Classes Map 111-q_; Safe E1en�ent. " i' i�lill, 197?, �•------- �� 2: Butte County Planning Department. Arch e to `Ical Sens.tiv' `"" Oroviile� CHEM 1g: Butte County Planning Dap�,rtrnant. Schou; Distna Orov _Ma ravine, CA: James P. Mantling,. 11. Northwestern District Departrilent of Water Resources. Chico Filtrate Stud Ma Nl# i ?Neils. The Resources Agency, State of California, 198,3 -- rate Chncentratial� _�x,„,� ,.allow :12. Butte County Board of Supervisors. Agriculfiural Preserves Ma b Resolut(on i• ;Butte County Planning Department, 1987. establishedlo. (i7�178: twrlrY111e,-CA: 4 I 13. ,l�Ca#tonal Flood Insurance Program, Flood Insurance Rat .. Ma�s. Federal Emergent Management"F..„ 'USwS quad Maps. Chico 15' Quadrangle. Y Ag' fi 1989. 15. 193I1 Map Chico firm inrovliie f192Fi Area United States Department of Agriculture, ';S Soli Surve of Chico 1925 ©rovilis '1926 Area. United States De 1'7. Butte County Planning Department. Butte Coon Fire F�roteet(on Jurisdictions 3ndgFaeiiltie Oepartment and Califomla Di'partment of Forest "t.. s Ma Butte rye 19u,1 fity Fire Butte C41otrrrn ,r Cls VeAaprnerrt 5en/lces Departwent Planning Dlvlsian a o a 13 . ,pp1RWx, Jeanne Shelsk - proposed _N e ative Declaration regarding; environt�'& � i p _ i he blending, bottling, and storage of organic t�9 impacts and Use Pier pit to allcav�r t toxic nutrients a s a pomy zoned SR -1, e occupatioineo or ropert corner f butte vent d ty Residential - i acre parcels) located on 4130 Miller Avenwd , identified as AP 004-490-073, Chico. (SAL) The Commission waive: the reading of the Staff Report. A video of the site was sftffil4 ChairmanLambert said as s ?e is et property owner in the area she will step dowry It the Commission and turn the h:;aring over to Vice Chairman Ferguson. She reserved l''YM right to participate as a member ,?f the audience. P g qp 'leit Mr. Hogan said the original request was for a hams Accu at,on. He said the Use hearing, is because of the applicants desire to have employees which are not allc�",�O under the Home occupation Ordinance" Cfimmissioner Lynch suggested a condition to require the cleanup of the site. Mr. Hogan ; said that can be added, Commissioner Bergman said he was conWsed about the statement in 'W"liysi5 0 a Use Permit is not needed if this is determined to be an agricultural u&��, Ne said, I FO opinion, this is a manufacturing use. Mr. Hogan said the applicant is going through the Use P.:ermit ;process in order to ee1k, employees, in the future, If needed. however, if the Commission I were to make` pi, determination that her use is an agricultural use;, no Use permit would be required, The hearing was opened to the public. :leanna Shelsky s�Iiid all the products are bagged and on, pallets and will be kept IM404 the building. She said they iWiill be producing a non-toxic product. She said they pl4o t* have a house on the property for her mother and a garden to test the nutrients ori: 67 said the entire operation will be contained within <a 9,000 square foot building. She 84 there will not be an noise or odor problems. She said there are no utilities on fid' property at this time.., $;he said she can not hook up to water, uhtll the Use PerrOz app; Quad: She rami shr,,f would life to employ twfo� people., She said #firs venture is bs��"i done with environmental concerns in the forefront. Commissioner Lynch asked in what quantifies and how often the supplies would �. ' delivered", Ms. Shelsky said once or twice a week, ' She said the materials will be delivered in b She no►ed that the building has,` been on this faroperty since the '1930s, I' , i { i Gillen `good, current owner of the property, said he feels tills product can ba doriatfy arld cleanly within the building. He was in favor of this project.. k Laura Miner -Gauer said she has a house near this property and is her •; * A ,o the project. She submitted a letter and petition from herself and 11 of the l�ositii�� eig hl� OM opposing this permit. She was concerned with the odors during the mixing clr 1CC11s pr 1 � fr�odf�ct She a id children due to thaade! delivery Butte ts, Avenue and Miller is ruck,land' comer and. wiC! beei4��,is i A She said if the) p�rolect rs approved, she, VWOU' 161!' iJfre j 24 month review put on she permit. She said theobullding has been used for sti)iC:ls In the past. ? Mr. ' Hogan said thea were no comments received frk)m s Works or, Public Ulr ld Development in regards to traffic being a problem. Dob. Linschied said he has been working with ibis. Shefskyt her business. He said the o find a location suit8(bl � ��or retail end of the business will be ata separate locatidni il,ie gald he was ,against this being a 24 month permit. He said there is no waste assoe� �+�+� 4yfth this operation. et ,, Angelo Voipatc, representing the seller df the property, said the subjectprope ' 0s been for sale for over a year. He said It is hard to sell SR -1 zoned property ia rural l��a due to the large buildings on the property. Nine Lambert said :she lives within the area of this proposal, the submitted a�' �, s howing her propert�t in relation to this projer-I site. She said the zoning has been th div since 1969 and the residents .of the area want to keep it the w -y it is. Si,ci said slia'hr lived in this area since 1557. She said Me property was used, Err the past, for a ricui alfi�`il uses and storage and is now proposed for manufacturing. She said the business shocilliql ;be located in an industrial zone. She said that the surrounding businesses shown i 46den are in the City of Chico. She said traffic will be a problem. She said they want ut preserve, the nature of thr� neighborhood and preserve the agriculture around thfi property, She said the Cornrnission' should not ignore the neighbors desires: She widii al,Iainstthis recluest. She said she feels this use its not compatible vsritin the nelohborhoodl. c rrli1nissionsr i=erguson discuss ed the rusty roof on t!1e existing building and notsd fhw Proposed improvements the applicant pians to make tcej the Properiyr which might o$f: Borne of the neighbors concerns. Mrs, L.amberf said the neighbors art, not concerned -with ti'r7�t element of the prod: �',, She said there are other interested potential boyars to ±hia prgpe ` 7.1 --r--�� -- , 1-77777777a—, fh' � Ii. I 1 i 1 1 i i insectiCii'les end thoro dre Mr. 1:inscied said th6 �surrOLinding orchards are sprayed with no other people interested lin buying this property. He 'said this busi.,e;ss IJses all nail f!'�l products. Mr. volpato commented that hAs,. Shefsky does not need 4 use rormit to opera( 910 business. He said the only reason, for a permit 1!7� to allow employees, Mrs. Miner -Gauer said the r;a; ky roof is not considered an eyesore by th �1i neighboro O the building gill not cause ador or traffic problems, but thl.,� business Ms;.5helsky said the neighbors did not siycw up at a neigtgborhocadmoeting she hk � d. low0r value,,.Sho said tale sit Sipa ,did :not believe Mis business will property septic ps has been issued for the property,. } ommissioner Lynch asked what size truc'lo,s will be making" the delivpl,,16sl Mr. Shefsky said bob -tail size trucks. Mps. Miner -Gauer said `he people who ,signed the 'petiiaon were not invitee' tO �;' 0— Shefsky: '5 meting-, crr KnTifssio ner Ber mark wa!3 sbsent at this time., � g b t Gf en Wood said ilii,, business will not impact the �`sigilbodlood. The nearing was closed to the, public. 1. Mr. Hogan said:the reason this is before the Commissfoni is because crf the retlue:,t, r i esriploy' erg. /. He said if the Commission is considering aGlproval he would sawtgr�est p a'dditfonal conditions; 6.1' The site shall be cleared of debris and rnainkained fh �s chOO pack, ed and maintained, and 7. To i Cfertilizer, unless closed container, shall be stored in an enclosed bu'!V,iIg.,,, M Commissioner Bergman was present -c this tlirne. i Mr. Hogan stated if this permit is denied, the Commission needs to maks findings them Oho z piroje�c is not comipatible with the area acid why. He notwd that the, use cin still g ,�qn V rren if the Commission denies this requG-:�a�. ce Chairman Ferguson said if this was a' XAximerciel ni' iPCIUStr ei usb it would t 1641' ` ' showed in the SIR 1 zone. Eff" IV MI t Mr, Hogan said this is correct as a general rule, but c Occupation Ordinance. co be allowed ,under the f4�yl)0e Vice Chairman Ferguson tasked a direct question to the applicant, that denied would they be able to go on with their proposal? if the `per1'I, is CVIS. Steels es ky said y, but she would like to have employees to take same , load off of her husband, of the work ommissioner Lynch suggested adding the two conditions as suggested to approved. He said he felt there should be some use and value fr the ll ingf Its tiIIA r)roperty. e huilding ortu l» It Was moved by Commissioner Lynch, seconded by Commissioner 13 for approval as follows: Bergman, end ca�ie�t Environmental Findings. A. An Initial Study way cCrnpleted in compliance with the Calif Quality Act identifying potentially significant environmental California hnviro projo l may have. Provisions and the design of the efcts that the proj�t the project will mitigate such elle ct 9 o a evepo j insignificance,'athe: conditions added` it and 13. The Planning Commission has independently reviewed anal zedA the proposed Negative DeclarafJon prior, to making its decision ' t g f analyzed, and consider' the hlegative Declaration reflects'the irldependent judgement of Butte project, and County; aryl Zoning ordinance Mnaings: Aw Pursuant to Bt,itW County Code Section 24-37.4, find that thisr conflict with, impair, or be detrimental to the uses both perrnitted and col will not of the M1 zone and Agriculturat-Residential General Plain designation inriditton'ali Is located and/car adjoins. which it The project, as; conditioned, will not result in a detrimental !m a p ct to health safety, and welfare, of neighborirrog properties the genera Ac ion: 'A, Subject to the findings`. indicated in Sections 1 and 2 of this report, move to adopt za Negative declaration and ppro�re the Use'P rm t for ,jeahne Shelsky on All � -T- 4: � �a,..y.�. n. 3-•^.,r "+";<i, r l.t%:+w„t'",;,"a't1ti �pwrregmzwri ,w-e,.�.w, nv+,v ,reanne Shelsky 4/4/94 347 Nord Ave. 01 Chico, Ca. 95526 Butte county Flanning Commission 7 county Center Drive _Or'ovi.11e, Ca.. 95965-3397 Attention,. Steven Lucas Dear Mr. Lucas; Pursuant: to your request, 1 have enclosed 4 labels fog arth guice Products we Tails. currently and hope to do so in OW12. new location at 826 Miller Ave I would also like to Jay t trt mome potential concerns expressed by the surrounding neighbojt Oj y Our small operation has always been concerned about the Major issues which all communities will have to deal with. sura t as environmental hazards, groundwater pollutions sustainable ,agriculture, and j obs . we have tried to offer a product for t'Lt 'home gardener which is safe and effective. We realized years ak'�o that many aspects of current agriculture practices are caugjn trrater analsoil pollution.... Earth Juice is a 100% organic' liquid nutrient. It is ntI.*, ,� n a process, in whish dry materi.a;ls are added to water and blended. The resulting nutrient is then bottled and packed. T II hove now implemented a 'zero waste policy' and pian to contints this on our new site. The small amount of waste we did end up' With consisted of kelp (seaweed) . Since this is a: valuable product► we have decided to package this material up and sell as a soil amendment All fertilizers are essentially salts in a form plants ca.f absorb. Chemical fertilizers are 1000 water soluble and as are readily available. Organics typically have a ,l9w Npx ratio'; because they are not 100!� water soluble. This insures, that rat4i0r than having a nutrient wh7 eh is available all at once, as chemical fertilizers are, .nutrients are available in low concentrations over a period of time. since plants cannot use high, concentrations of nutrients anyway, as is the case .fol," o emical, fertilizers, all excess is wasted and the remainde,,e ilt.4 often leached into the water and soil. This is exactly what ice. currently happening in the San j oagmin and imperial Valley and most large agribusiness ;farms. Copious amounts of water are needed to, water. in the fertilizer initially and flush the residual salts away from the roots of the crop.. This results ,:i i ' ' yo P.e the salts being washed into the soil and water tab-leThisc can be repeated provided there is Uhlimite6 quantities of orate -f to wash the salts below the roots zone, During prolonged d'rouc�I� conditions this practice is self defeating since,limi:ted water' availability causes an increase in the salt concentration of tihle soil. until the band can no loner grow crops, Historical uses of agricultural lands are now being l.00ka-6 at as one of many 'possible sources of nitrates found in t,;he table including stockyard,animals such as hogs, cattle and y x. chickens where here is a, tendenc for ,the animals to be -2- in a given area for long periods of time. The ,x�ot' or raw manures are what is now being ie I ohin4 of t$ l4wlia possible groundwater contaminants• n tnusetigated as Manure forrrj,., All the animal ssurceseo fertilizer we of these bagged. The bone and blood meal is steam sterilise we Cart �'zes .Earth Juice is currently regulated b the and California, I Department of Feed, Fertilizers and Livestock Cala si&p � the Ca. Department of Agriculture. They aiuthorize�and adivisi�rl�4of ;he labOls for each of the Earth Juices.Thi ppro�e ah process specifies that all ingredientsdw1iich influenceal ti � .�a,I110s must be included on the label. We have formulated this gi'rener. California Certifedroduct specifically for the lint of ingredients which are e tgani for org ,l (CC prints uoo on organic crops. All Earth Juice approved or disapproved, to those approved product Products aro made aCcor "41ifornia has its' own organicice cees.rtification , Oof Closely follows the CCOF The State guidelines. program which Use in Earth Juice are not hazardous,$weahae the ingredients, � require EPA liatings. In fact, all products are safe products wh,3;ckl�. shipped via ups or tr ,Ack and do not require enough to+ �,4a label. , quire a Hazardous Mat6rj,41 There will be no on site retail sales. the retail location. No pThat will be done &,,w delivery trucks since theyowillsnotebenticipated With respect f-r either road. Gates an both streets are alreadyting traffic on allow trucks to either drive through where a driveway completed � or drive in and .back out. Since instar, led arid, w �,l statement on the anae the disclosure Property puxchase agreement already noise from the dperat=ions of the Almond Hull, Co,.y has listen 'must assume that the trucks which will deliver our nee g op close btu supplies will not `contribute to any excessive d.ed whatsoever. I do not anticipate any excessive adore problem vibrations, dust or, pollution problems at this ;site, e Cu�:rent1 one smoke, to ,finish. We would I \ke�toeeutomate entire proc g process from start - P ess within the confines of the large warehouse dnd use the other, ware}iou storae. An estimate a 2 ,employees was j which will be needed. If there is!a need_listed moire the usespermi emPloyeOs I would. hope that the Planning commission 2 I some flea�ibility ,within reason so that the famil ould allow' mai stain a certain y business could gy of self'' determination while still necesin for same Oversight by the PlanningCo allaw�rt io- y Ot r hope is that we will need to 'expandstona-,!hen larger location some time in the future. to ex a d, e a much the time comes that ws do not Piave encu encourage this type of environmentally sound p at when enough room, Butte County wJ41 help us locate another appropriate 7 business and would. Pace to expand to. Sincerely, Silte i a I. 4 j 1/94 Jeanne Shelsky 347 NerdAve. #1 Chico, Ca. 95926 _ gteven Lucas County planning Dept, Oroville, Ca. near. Mr. Lucas; Thank you for, our phone conversation of 5/3/94. Upon our discussion concerning the pending use permit application for '.41 property ,how in escrow at 825 Miller Ave.., I fee]. that the ,suggestion that I change �k,he status of a home occupation use 69 4h,at of a non--cr"nforming use may be advisable. since the historical use of this property has been not ox:r,zI'V �A.grcultural but commercial: as well, and given the surroundirr�t areas are commercial, agricultural or bath, i.e. ,' The Chevron Fa.soline storage tanks, The Diamond Almond Exchange, the near}/ fraternity house, as Well as iris farms, walnut orchards, etc p � {.e,.el that my intended use would fit within previous uses on tl.11 4 particular property, as well as that of existing uses in the u.rrounding area. The existing structures an; this land have btN t here since the 1.930's and have been used, as a seed packing pl,,, tt .ad as a nursery for tree stock, both of which were commerciall mature. a to Although I plan to employ family members, I may also need flare someone with skills who may not be a family member. I do 144 ,?t plan on having more than two employees at this location, hraweu40ri ahould I need to thin, more as I have stated in my letter of 4/4[94, any hope is that the Planning commission could maintall t( certain amount of .self determination while still allowing for , ome oversight by the Commission when necessary. ':Fite letter attached to my use permit application Mated i:bAr�'t plans tor the quonset but include. converting it to,a greenhou�§ + replacing the tin with greenhouse film. Z, planned to place ( bedroom "mobile i home between the two trees on the property the newer warehouse so that I would have ample land to raise -640 's gardens for research for the organic nutrients as; Wel] as graw"g ;food for sale. of course nano of these plans will go forward if' the test results from the Phase l Environmental Review show soil contamination over and ,above allowed by Federal Standards. My lender will not finance the purchase of the property if these ( limits are exceeded, therefore, I will not be responsible for $oil contamination' cleanup on this property. Unfcrtun,ately, X 4s k not provided any dates of operation ,for either the seed treat,ii+ nt �j plant or the nursery but le'ttej"s from the Regional Water Qua111V Control noa.rd show' that there was a concern 'or on site of use hazardous materials which would ed use threat this land, , c contaminations of :1986. As for m int�ende teat to than property � rounding area. All materials u ' Xinq or the sax e pose a th sed i:.ta m� j w g w t �^ are safe to use, ,derived from plant ,and the or ani d nutr.��nta Si KIiC�G tJR075L I 9EHORIE EACH USA F HA ��nci �'rjjU TU AVOLfshSE LIP WATER rOR USE#shit USE it, Boit, rockwool, and hydro-orsanirs fit ydroporzresp. , M'PL'Y by irartd-untering, with a no -clog ryuayrr, � sip)totr-mixers Brprrmps, ,E7_ow OFTEN. use evvy rraterbig. I � ttasptarc-s inL 1 rc5' �-paan-XS noL J gallon=3.155 t; toJWCRAL USAGE RATES PER GALLON OF NATER $OIs, HYDRO -ORGANICS 1,fiL) 1/2 1 TABLESPOON N01 MAL 1 2 TABLESPOONS STRONG 2 3 TABLESPOON'S �TYTJ O-ORGANICSi.In some chSps add r EARTH JUICECATATYST. ?fplantsslwarspstyniimgercit$dfncy, ttsc EAAt.TY jMCEGROW, Ask or w ite for EARTH JUICE Flydro-Oiganic Gcudel[ esand infortuation on the ientireline of EARTH JUICE p"aucts. CONCE14TRATEi A quart Lvn make up to 128 gtaTons and a tip to 512gattons of reacdrtasrse j�ertidixtr. rt product or the:ccpicr'tfc gt•destr" ' P '6'MN PO aMx344z ,CA hsszx--�Utx, -KEEP OUT OF RIA.CH OP CMDREN MANgm M I's an'Wifefit'ttty of 1 10090 organic ingradhmts brought together in d convenictO t quid cA►ttc rttrnte. , A lite bent its of ►nature. Atxrizrronrtrt t:iltl.'id CpttSCiotts effort to proulde an alk,171athye tosytRhij cs, rormtttated to aid I►n lite daoetopment of a rich abundance of ltowlirs; fruits and vegetnbttts, Use prior and Ariijtg pudding flowering and fritifing. May be used in eortjunction with EARTH MCE GROW, XEGIETALBLES OIZNAMVNTALS TREES BIULBS SHRUB$ FROA� Zt30% �U13:fiC L SOURCES I no hidden INPK tkxsting syothetics o no Urea 4 no dust no artificial additivo "Retp a- Oke this a Facalthy ylnt�et furu�11 Iz�i�tg• xizfng�r" Avau?1-kPhophtt* Acid (PI 07 30% Dmv"t ] LRO&Mgptl6t BAT GUANOI Chifeatt 5'9ADIRt) WAN0,Warwe0aftS kMr, Katuraf:SWA,1E00itAS% STEAS+fiD RS1iVE �rtY IL.OAT. BRAN,ROCf , ` A ,IiMATE. I� I i NOT FOR iTd�IAV CONSir`iViMON IF'IAKF, VIGOROUSLY BEFORE BAC14 USE iT rji rxr,f D7 ft'rwt To OR mix crarrcrrsz�,�i , i�+li;1t atix76AV�ar.uNISOMYA�rrizzP-Cor B FV* IJ6M in soil, snit -less, ror*u pol, and 1!+yeife, ggpnie8 (hydroponics), AIIPf *Y jV 6ltd•zoaterbig, with a na clog sprayer, . �t�)bt+r�wrxt�r��arptrrrps. Mgyw 0. In-IIm use every xuatering. ;11�b "p n i4ML 1 fableapwn=j5nrL 1gallon-3,78,EL t 1,144J,IA4 1ISAGE RATES PER GALLON OF WATM SOIL HYDRO -ORGANICS &M',l? 112 1 TABLtSPOON i JWIk S w I 1 2 TABLESPOON$ �pIEtf&q 2 . 3 'TASLESPOOPJS _ %tW6HP tGANIOS. In some cases add 'lrAIMIYUICE CATALYST, eU k t,tva*erfor EARTH JUICt3 Hydro-Otganic GWx1'Oigoa and informaHbn on the entire, fineCONCTNj TR ATED. A q'nart rats nwke up to 1213 �;atll irt.��t��a'gallnn up to �i2gozltons aJ`rerdyta�ztsr ,�littr,Pl6�r: ' i 9 f j, i�;z� �vnctartzer� gttrdetaerr, II t i I ! t hyi6M, P,b, Bb0M Cit O, CA 95927--39#2 - ra'p 11'7X tT CSP RF_ACH O1it MLDRE' N IMMIs an exotic array 'of 100% organic itzgredients brou$ht, together lit it. conveldwi,t liquid cotfcentpi e. Agilnlity/�erEitfzC+� fc�rttr�t�n � the berrepits of nal we, Att envirohin."lowily cousr illus effort to provide mt. alternative „o Syiltlioties. A superb g0eral-purpose fertilizer that natty be used thrpltg"'(z all stages of dant growth, o6jfeej#lly goad fol' vig$rous Vegetative greengrouith, VEGETAL IrES ORNAMENTAL TREE�p SHRUBS LAWNS FROM 100% NATURAL SOURCI.V's, no Mdden iN�PKboostinS 5yntheHca o r1n urea � o no dOt hyo artificial odrlitivbs "'Help maj, tlta� ct dzea�i`ixy plartetfor 01 living thot9 , rr "[ Dial Nitrgoo (N),,................. 3100ro 2.W% Wattf %olublc otprod"(ifdon t.no�tlatcr7nstliubWny{onrrrtlrosun .- lnsh: nvailnbtekhp{pAadeAdd(PI0j) 1,0014 Salut�)e Pu(Yn0).......... 1,nnY Derived from BAT 6"VA 'b, Norwegian94A'KELP, Natural SULPATV b, �OTASOOTWMER MEAk, MAT BRAN, BLOOri �M, STEAMED BONli ME,1rl„ 1 124 07- L NETWT.91.4. ' 4L08kg J »OT rOR r A�� CONSLTMPTtON � i a SKAKE VIGOROUSLY VIGO O� SLY �C uLronE PActU5E y7°saM TAnDWAT6RTOORMIXGoptrsNTRA 27ff'7 ° ardenas today orerng tlx Viatlt:liliet: tof traditional plant aids. AblendselerledAV0LUEGPWWrERFop,uskkTGde are redisc' Cr�)rj3aij. , �' besttl'tlese recipes, ombined vttrreend td.l d peequortokvoter. from tenaEural world is/*49ablespoon spmy entire plant, rspeawly the urrerrres o{odes. Forrltnlatett ft dtn pine tttid rtrtttrral xrtgY"tiiGills ZdN140apply durigeadymorntnglioursw from around the world. tl��ier:seritty, For use on VeSetables, ornamentals,, Aruba, :l"ar'e thorouusewjglityaprayaltnewly trees, cuttings, and seedlings. MfiterNeaps, rdd rted ntaterurl and use whetrrver compost rtries atrt. a b t e n d' of FPCOj�100�a N� Sf� ' ' ' good things AA5 or Vvlife far informaffon op thO entixr: line of EARTH) LdiL"�i'�7r{9L�Grf5. K fro the � yy�� ¢¢}} fit nd & r o t10 hidden $yI1t 1L�t1 � * noctlti Cid rlGlcltf i CR seg " "Belp make this a healtliy u plaWt f6r all tiviag thiligs. , "r.Tt% these times an - alteniative to s nthetie sP�ays is. y +� L'i&h'kD &I %jjjdrW08ian KELP WiId QUINOA MAN,, tQTPEPPtRWmcf,dfsfUeilaifgof'ttSCikLYFTU5, iJ9FC1fARY, a L,�VENDERrPtLfCi#Ot1Lt,7EATJ(l;E,Oaldprmed 0RANGE 0IL,tEM0.N r.RAS5. O.G K -P -0y o CA TkW3442 CK: 9MI3.442 nOi2E�CH7P�"l�LDIN' #da natural, scented f� � ray :$Itb2; s5rxrnt NrrWC 2lbs. 90725 NOT FOR HUMAN CONSIvMION M SHAKE WELL — OPEN SLOWLY tJse CATALYST � WARM MCM is an erotic array of ' i ecomplete your fortill7 itinn program and provide that ctt:cial link to MAN" 10 0l organic ingredients brought togelher in a rxiaxinuze results, CO convenient liquid concentrate. FOR Idro in cs, acklrloot,sotles5grotuing in tivaw prof hydroponics, May be used in conjunction with organic and Synthetic fertilizers, Not recorrimended for u,se wilth;synth tic slow-xeleas�e fertilizers. HOW TO A]PPLY.Willi *7 uas,drfpirtigat,on, Now lite benefits of organics ctt� be ap�lled PrIvrrioners, ar'pdxrn-mixer;, orbyhoid-icnferu: irrigationditches to fly+droporrics. ,nrtntheretSaB tion is �� Lizt�rrabla For all stages olf plant growth. VEGETABLES a ORNAMEdvfT.1L5 DILUMN ANI), PPLICAT1014 RATES EXOTICS • SHRUBS + TREES i'xY rkk. SIfiL rr l ,t�T3hlLi iattt<3.iASL LAWNS Fog, best resultswefrequent andlightapptfcaNuns IMTROVES GCTAND `(E/S: �.Use awutrorde�c l 4�Jespw�7ra Sr u�uwl�r„ C[YJII I -Z t17L�I3;-^ blend�� FROM 1.00% 1R ATURAX+ SOURCES �Cnatu+url'Innts..i:i�aspc+aauy'er0.x�n r�+ter.lLseeiffiry�h�tnrtks. o �! Log rtarms. 112-3S,Lns per,r6 , i-4t�',rasttstvwn, + sea billb and wwr ol6ak l-4 lab#espaori lxr&rdtas of >�tMr. p oo thin • rio sy tthatroa a urea theft i�5t R5 may 1-Z F°°t Ye� ? ng tarter. the ,no " no artificialadditiv, R)tbRO,P0WCS.A+rdtnlryu'ropor3ienuhierrtsdutia» a wcrl,. Al ffretri�lier dasag� Ihtrtr be a +� T F ' hTAL RYPLA may ,' g some - + rrzUrl ill 19 .4:i1ilw ldiss' ET FORALf. %L Yu X lri �ar.�8 r� �i PER GALT 014OF�+,itl IENI,SOLUTION �w `� ea MIiA 1/27i?ASND0t4 NOMAL 1-2 TEASMONS �� t11Dk»ttiow-e"�, 7otalNilropen(M .... , aTaK ... U.ilkLjVahrtplubla iaieaniEnS�-:ry�m STRONG 1T,4BLESPOON Ar�t1�bL-ifwspfw�i<�hcidi--oil .W13% le P.KyCt)„ 4�SS4 CLEANFILTERS OFMt aeratcresetVuircoIutlert DERIVEDFROM OATBRAN ICEti'+3Y2i1A3 Mail t, MOLASSES, YEAST, 1A biOlt7 'Cally aCoVe Soft IS the foundation.. ,�dr sustarrtrrble agricrrZtura." � d °• the Crucial, O,C.Aj. PO- 0*0M2 Chtco, tA1959x? 3442 KAP OUT OF RHA TL REACH OF CTrlItH33 -i "a natural for so'l and hydroponics," LN.NOT ° ° FOR HUMAN CoN.suR IoN .� A', r �i uJA '�' �'� 4�. t, !. I Fc uJ "r : Use F'ertttdt ®n Ads' 00 4903-07_�,sanne Use Permit to allow the blendin , bottlln request for a g 9, and storage of organic non toxic nutrients as C2 tilteration of a nonconforming land located at 826 Miller Avenue, in the SR --j one on 1.45 acres of area, within the Chico ( �I��T�10 r I T04s. Planning Commission staffreport dated 23 May 1994 (attached). j FORIt Board of SupervisOrs,AWeeting of 9 August, 1994 i ABSTRACT: This application for a Use Permit :was approved June 1994 by a vote of 3 -'0, with Commissioner Nelsn absent by Planning Comma -j.: rrra on 23 i�zereA Commissioner Lan lbert excused herself from the Commi Due to a potentr 1i a!�n>`lict of at the hearing as a member of the public. scion. However, srs r'if testify ANALYSIS: The Planning Commission staff report dated 23 M Proposal and found that the proposed use aY 1994 thoroughly art�lY ed this psrcels or cause any environmental impacts. o'T he � op prouse posed w significant im a; home occupation at the Miller Avenue:site. The 1.45 �, pack to s,t(f run�iing as initially a: request fir conduct structu totaling 12,000 s ft. a..re site contains several 1a,flj metal q. of useableRace. The proposed ,ease would be ermi idle as a home occupation and would not require any Countyp v si ' that at same point in the future, 1 or 2 emloyeesVma net applicant, however, pu rr; ►ed assistance and to supplement her family workforce, e Kirin Y of d to be hired for �6rhniical under he home occupation ordinance resulting in the g mployees ` is not p °rP" 13sii�le to . ter aro existing nonconforming use. The decision f ��i�' or cele 'ting to apply for e U9 situation for both the? County and the applicant The use ask f it allow w y y Pen better Use Permit was in reale Defter level rat" control over the operation that otherwise' could operate t � i s the County to malP1c .some ,occupation without employees p without any scrutiny a , -11 home This application has received much attention by the neighborhood staff answered many phone calls from individuals n the area who wn which it is located, I��lanning the Proposed use. Upon receiving information about the proposal the seeking informati�� about. were corr&ortabie with the ,proposal as described, in the 23 May callers indicated t;rr t tney attempted to further inform her potential neighbors about the pro osed p The a plliwartt � y pp y staff report. address an apprehensions that were bircu(ating among the neighborsuse' and was veryI;litlg #a Meeting at the Milker Avenue 5itt?� by hoidirag a in orr e40tional autte County Dejctartmertt of t7evef6pment Services - Planning Dnr%siarr 7 ' M1 ,4 � S,J'''� C9 � �� r .�. � k '.a b � u; ai Er � � �- 1y � � � �� .�t �,, � � .�' i � ti . January 23, 1904 111 Board of '&agarviaora 25 County Colter Drive Orovilla, CA 93965 3card of Supervisors - I Nould like to ask the board to plenum review tbia latter rsaarding a 3► acraa in an A-5, atze. T'vould like to have a ruling on mmcticrp 2a-I2-►iw5 1 (Agriculture) zona. f unuld like to put approxivietely 3 acres in storage facilitiem like Agricultural equipment, mini-storage, and N. V. "Co. Y would fence all tha storage area vrith a six foot fence and also install proper lightiYsg and anything else That In required. If Allowed, rhes sisa of this ptajeot tirould y be small at the start and grow as neaded and allowd by the board, It vrould appearthat thta ty`pa of imiprovement would have'les& problems like fling$ swell.; dust, and nouns. As alloyed In (A) uses paxaitted like No. 2 s=4 3. This rxoje_,t,has the approval of the neigbbothood. Yours tryly, Elden "Hud" Sutton } Rt. 3. 302 186-IC (Cosby east of Lone pine) ?hone a43-5203 after 3ig0 AP 49- '3q 4-1- a3 1 _ �R xlMstit t, ht a v L It '.Itt 1,, 7, j A "Pip 10 3.1 )4- 4. IA "Ic —7 —7 777 77777777 �,9.R-.�.�.�, exn.mw , . 6i= iY 7-rm „- •17� t �'/�i1./9 V101oPrsent` Se ices' Alk Hepar lilt 'mm1,001 pm Applicant Bil .lag Wcrkzheet ' � �� I criteri.aa .,-Selection age I.� 1:xobers All :All ,. f "t.µ:a t 04-22 UP All Fields MAll Yee e .Al �), ota��s -.}filled slips and transactions excluded ons " Bills that are "paid, in '.EuT.l" :ices Irt ,d tide transactions outs de date range :Yes PrL� t dy Bills with no adtiv ,ty :Yes s4:_L.2 1 ' Jeanne Shelsky ,1319 Martin Street Chico, Chi 95928 In r '�;?:ence to :. L�SR PERMIT, AP 004- 490073 r.`,aun�rig Hori ITo Last ara.ng charge 05/09/04 I / !a'. L� .t payment t / Amount $0,00 ! _ `33..Li :r' Description -.. � � � ion aQcrRs /RATE AMou9T TOT" 0311.4/54. Larry / P 2.00 1.18.00 079,E PROCESSING 59 " 00 01/14/94 Donna � ,�, 1.50 51-00 #79'� CLERICAL 34.00 03/14/94 `.1<'oM P 0.25 14.75 #799' -PRO CESSI7G 59.00 04/04/94 Lucke ,/ P 1.00 59.00 94� Pf�.6��wESS2�G 59, 0.0 04/1.1./94 Lukle / v 1.00 59.00 #9rl1 PROCESSING 59.00 05/02/94 Luke /,P 3. 00 177.00 .#1.0,52 PROCESSING 59.00 05/15/94 'Donna / C +0.25 i1V-5CLERICAL' 54.00 ' Or /01/94 0.4 Poe ty V1. oaot Jeanne +( : Y (cPAtinuad ) page 2 f !OURS ' RFsTE 05/1,0/94 Paula / P, 41 #1594 PROCESSING 0.25 59.00 X4.75 D5/23/94 Luke / p P�OCESSI.I�G 3.50 206.50 05/234 9' Tom 59,00 -1261 PROCESSING 0.50 59.00 .00 5 n 5/5/94 Luke / p � � .1280 PROCESSING 0.50 05/31/94 Lynn / C 59-00 29.50 x`;1293 CLERICAL 1.00 "/06/94 Lonna / C 45.00 45-00 #1,301 CLm-TCAT, 0.25 ' 06, '94 Dave./,p 34.00 8.5' n 12318 PROCESSING 0.50 59.00 29.50 /0 066/94 Lynn / C 1? 33 CLERICAL 0.50 22.50 0613/94 Lynn / C 45.00 1?83 CLERICAL 1.00 45.00 06/20/94 Luke / p 45.00 41433 PROCESS,IxC 1.50 59.00 88.50 06/20/94 Lvnn / I� # CLERI - C,,X z:'So 67.50 21 06//94 Barbra, / C '45. 00 11 x`1:477 CLERICAL 0.70 23.$0 34..00 TCT , ILLABLE''TZME CHARGES f, 0.'70 i E July :L-2, 1994 I TO The Butte County Board of Supervisors FROM: Glenn R. whom It t�Meyr�carn Wood RE! ;Property. located at 6 f �6 Miller Avenue, Chico, CA 'dear Butte County Board df Supervisors and Whom It May Con&�t�a: During March 1987, x Miller Avenue. Purchased Real Estate ugliest Agricultural that time the property was lOCata(I 826' cleaned u / Industrial sites Perhaps on6 04, !:be P debris, dismantled an old shed to the three stOry buildings which each had onl Chico archw; I type barn, an.''I 2 floor, and, three silos. y 7 foot and children were l At the time the Propertycep lings on, + of the solos. P ay�ei g the unsi htlbuildings X mbing �Waso f f,w d Besides bean and c dangerous to the suY rdundra re y, this tIX g tridents. Property'wasctrr.y I have spent ,over 30 0 1 of these buildings 00 to Pay for the clean-up remodslin A, dislrianr Y- , g ira"talling a; chain l l . J the remaining buildings, P I,) l remaining buildin s ,l fence surrounding the and secure, g r although the roofs are rustare, Parcel, �t?�e buildings have excellent concrete f Loo y are ver three,ve added 14 feet wide roll y r s , uP doorsri�p, I .listed the, time Pas^,gid, since ropaffersith. my realtor price � on April 61 rout times. were received, 1 to} first weFebruat wend' the 1'rally an written offer which I ij-0 y 8, 1994 diately acce I received The realtors involved 3.ta this Pt �d, were caref III to understand all as ecus c ion Previous use ,. p the from the beg.i.r6a�lw to find a _ r c�teritial; use: and tonin Property hIatvl,)t g�xalzfied'buyer with a g. '8vexyOUe felt for��int�i�;r� best use of this Property. need tv`�ich was we.11 stilted Mrs, she'lskYl hope to,mix and nutrients on the premises in order to sup � kage or Olxt let ganic P.� 41r 'f,, crncer ".1 d their awn r t Ifi . ., r a ricultur r P for sales of they g � crduct Th�.s Process c -nount of no se, far less lthanln ed andswwuld, as far as: T d orchards., generate a tniu,tr �_ Any odor who With this would s. na undetectable or nearly k�rocess pray or tlytw fools of feet away y undetectable by even A4 sho,uld he closest neolaki��,' Some people have complained Pla neo add%tioaaditional traffic be however the Peed l mitht same Of deljveries�and shipments will nal trafy�c Will occut, Posted is 'between 10 People Will, be � nvolved in this be modes't', ,7 �8 mP1x- The nUmbei, s initially only tom( Process an . only a Portion of,}+,-thlg� LPLANNING pl'VI$10 V DEPARTMENT OF DEVEt,OPl EINT° 6EAVjt, f 7 COUNTY CENTCR ofllvC • OROVILL(l„ {;AhVOF1NIA 'Q EP TCI FAX., (016) 630 ) 7jq at7l x 1 hIONC: 1916) G„1f1.. , joe 13, 1994 ,.anne Sholsky IM J Martin Street E �,)hico, CA 95923 i LP�e; Use hermit, AP 004-490-073 „ wear Ms. Shelskyl. I�.rclQsed isa copyof the �t�fiFindings concerning your application for a se Ceram,,% vtiiow the blending, bottling, and storage of organic non-toxic nutrients as a nr�� +;occupation on property zoned SA -1 located on the north west corner of Butte Avot�0 i atrrd Miller Avenue, Chico , , public hearing has been sat for June 2$, 1 94 at '9.00 a.m. This meeting will be irm the Board of Supervisors,' Room, 25 County Center Drive, Oroville, California~ ` be Planning Commission recommends that the applicant or their authorlv�;4' representative be present at the hearing to respond to any questions the Caommisvor1) may have. in the event that no one will represent the applicant, please contact tr, p', Fl�lanning office prior to the scheduled public bearing: Sib,odlr you have any questions regarding this matter, please contact this ofFlce betty ,fi r S= a.m. and 4:00 p.m., Monday through Thursday. %nderely, Elany K. Hogan _F� anning Manager Stephen A. Lucas sslstant Planner C":Lar 9:00 a.m, Jeanne Shefsky - Use Permit to allow the blending, bottli Of organic non-toxic nutrient; pis a home occupation on propej and�t d , 1 (Suburban Residential 1 acre parcels) located on the northwest cd of Butte .Avenue and Miller avenue, identified as AP gp4�gc�0-CI7$ <GC�►"t5�; (SAI:. , Chi60 The above mentioned application, map, and Negative Declaration are on file eor public viewing at the office of the Butte County Panning Department, 7Cou� avallal�a Drive, Qroville, California. Comments may be submitted In writingart t Cofi#I ' hearing or orally at the meeting listed above or as continued to a later prior if tPl`, challenge the above applications in court, you may be limited to raisin only if �c�� you or someone else raised at the public hearing described in this not notice for i e issue' correspondence delivered to the Planning Commission, at or prior to, the ublic: n wr[ttd'�� BUTTE COUNTY PLANNING �� ' � C4l�f�6�yS�t)PI p heir <n a .. 1 BARRY, K. HOGAN, PLANNING MANAGER r To be published on Thursday,June 9 , 1994 in the Shiro Enterprise Record. yqp` i i Us +.i�iii� � r iBUT kw�/MI NLI r,t .Puri. U".,un itH'+.w.1+N'Y �1 f ,." g { I POPIL[CAN T. „ated a�N � QL and follow Instructlona as set forth an attar he d sheat. s 4' y 1 f� �Lvll '1�I 12 i l� ','I� "!• { lle name --J -� 414 Phone IV4,y� /Applicant's mailing address ApPlIcant s Interest in property (Owner,. Lessee, other ��'--- Owner's toss -., ,,,�,ner s name and address. (3antact person for project (if other than appllcant)— fGrsessor's parcel number(s)-.3nnK)--7 present zoning„i'l,,.��'",�,, l.,ccatlon and size of parcel(s) :'ti�i : AC I!Et�-t- t-t'1f (+rI�( F -`i t^� I �'7 r �-✓ ' r L� ffreet address, 1 -Li J 1.1 fractions for travel to property (rural and mountainous areas only):: Description of proposed development and use, -X bl r- l a'tlr��= _.ai ' ��S.F1 ' _ (lCL_ n. Description of existing land use,�, 1< ire I ►��` :--� Proposed schedull gv�ssoc at. projects ? C Ant(cipeted Incremental development MAnl rbcny_ -%r'it']j-�% IC° �^ Building construction (state dimensions, square footage and materials used) ra. Existing buildings I I y`' G b. Ftoposed bui1dIngs_rl ni Q U Hazardous materials to be used (Inf'Iammables, explosives or strong chemical a) _)"'l,Cy-I I y Daily hours of operation s - ` - CA I 3 r�SVumber of empioyees� Number of off-street parking spaces provided,. Sxisting/proposed sewage disposal method;'bxh: .proximity at power and, phone lines: A('7�{-,�iY�� '�( �^�t NVie " Distance to natural Water course or storm drain-,U)Afiai-J&-yii'ts L Anticipated an and cff-site drainage ;Improvernentsi nr Water, source' ('�awtyiq/lt�ly)h{lyity�o%f//water for firs fighting purposes (I�ydrants, ponds, eto..)� -' Willexcavation or grading be necessary? Cubic yards (estimate)" -Cl `l E C 1T;i14TX,..V..a ,''��i w itT ,!Gaunt ��,eritex ; Drive' 9525-339 PAt3t1�13x�ra�'1'aak�1 (P16) 538-601 .4 TO ; Pub7; is Wor3cG DATE: March '1 6 i �x�ui'�d �"�a,min 1J94 , a��`° i RE: P1R0J9CT REvl TAT 4 YOU Jeannehr� sYcq Use Pertnit "'t2# F'nc losed is preliminary data ou:r office hail recei,v or; r;oncer_n ng the following project, -Use Permit to allow the t�lend !Xt"tling, and storage of organic non-toxic nutrien4s as�fl Tia � clect� t:'ort W M acro -a located on the nor. thWaS t corner of Butt,e+ rlvt? , ancl: Pl i 1 41=. t` �' • Zoned 5R-1. We ,are making an assessment of pos iblie environmental impacts' will be preparing an environmental doctunent, either 'a Xelgrative, Do'"laration, Negative Declaration With.mitigation Xeasur es or � nivirornnental Impact Report (EIR) Please provide any factual statements ,ideas rr o inid��s � far a.itVesi�.�gat�.o�,� y A Y r concern or e�cpertise t at,prelate to�either fphysic,al, social, of economic jmpa�-ts tha,- this project may generate Please respond within 14 rays of the above -noted date. If no i' response X. generpted by this inquiry, ' then ' it 'shall be ' asstanted tit there axe- r, sicTnlfit ant environmental Impacts Whi oh are potential fra;, xts rojllent We apprac� ialte any assistance you Can prova.de. �;i.a�tcere l�rJ f arry. Pa, - ar Plann ing ' Vechni cion "Comments: ------------- 91S, pyres 'Y our agency, wish to receive a copy of fixe er g*irorlm�►rata docamcnt {iniiti.a3. study, 4or h7egati;ve Decl,ax�at,i0n' `with crr �TJ.tho ;� �T'i.t tion i es) or &R for th is pro] ect) ' on Y4e��sur Yes NO i I � 1v+ ,, ID r�rta12 rG :1`orx' ata' Y %= ooux►ty dro'V .11e cg 95,965 .33 7, P 916r 538-76011, '( Chico Planning Department ,� GIAm11,; P I�teicch 16, 1994...r�' L. �' >y R, ' �', 0. Boit ;?,n�2C iQhi.co, CA 95921 RE: PROaECT REVIEW �c FXVIRQNYMNTAD, P7+ Je' anhle Shelsky Ube Permit - ,AP# 004-4961_z/3 !ori>clAsed s areli��:ina y� rata our rfZice' ha.5 XMeceived or, c�erier��..� concer;iiing thefoz tow' .�- �e.c: 'tee allow _the Uyendi�� bcttl.itg, and storage korganic noxi-tox5.r nutrients 1 a home oc lcYpa ion,..,.,�. 1,45 acras located on the northwest c rex of Butte Ave, and Miller re E ;honed SR-1.1�� We are miOcing an assessment of possible environmental. impart$' �Jd J f will be preparing azi env'i ronmeptal documment, either a X a a ` x)eclara.t"ion, Negative Declaration with X,itiqatiora Measures or, &.0 4 Zvi; "canmu�ntal Impact, ,Report (ETR) ' P,i,ea,se pi-lovide any factual - tatements, ideas for, invest igat i ah,' or opinions you can offer in your area of .concern or encpertit that, re nate to either phys`calf social, or economic impacts tmv K •this project may generate. Please respond.. within 14 days of the above -noted date. if no, response is generated Saxis ncltairy, �hon it stall he assix�l � ' that there are no s ignif i.cA nt environmental 'impacts which at;4, , potential from the project.: 'W appreciate any assistance you can provide. incerel(, �r;y Paikfer planping zechnician i,� l bat srt1','9 V44w ti _- LL" �ff VIA4 Ae, 1,I A y ,,,fC Mr.., ✓+,r �M Y Ww �r • L� � '' Does y agency p �3�e.a your a e�ac t�Y:ish o �^e+c�ezve a co of the env�.roz'�nentai, dopa" stud?, icor Neq- bite be laratin,n , (witre car,witholt�t c dtioMeasure4� or V, TR for thb' project) I (initial do�'�zxrten,, Yes N6 'lmr.lvRrlMF.re11. 5 I` yF.r Tqr 6a�1w9 S u 1.tON i LIS F(,R, c la _ County Public Worsts ? . County Environmental Health ,. County Building_ Division ---,_ Ri.chvale tl L.O.A..P.U.D. tart' Diet 04ty of Biggd City of Chico cit;. Skaasen Subdivis.inn vS . ,� StirlingC ( � �.» a � it.y Sewex A�aiat of Gridley Mty of Qroville _ Thermalitp Z�a•,st « «rrxgatiorz Disz'+%gat __..� .Butte Water njstz TOW" of Paradise: .rt C-� 171Zarininr, De,laa:tntetst iii ate 2:GMTGATYOa1r 'r�A2+EIR Transportation DepartIMOnt s .._.. Biggs-W. Gridley � diet Water ._. Butte Water , L1i i Distrit 97C3h� C WATER :tote_ later District _ _ Durham Srr t ewlD 1gti•ion Distridt _ California, ',Vater SOrvice Co, DOI pro Water Co, _ Paradise lrxig aYtion D.iat7-4,84-4t Ri,-.hvale �,. OWTD �. �. zrr,i gation Da.st,r.t, 1�. "—" TaMounha;in 6 �...,., 'Dhermalito 1-rrigatiobistric-4 y , xrigatiao Disn Distric, Other Thermalito Irrigat%tar, nir iWx5jtx North (ch,kco ) F)RAiAiA' 7 SNI&E South (oroville I)acific Bell. , "— f Chambers Cable itEClAlTFON a?YS+pZt"C Viacom TV Cable `:.El ec?io ',trr Protoc:tion Dist, . County Fite Dai"tment/CDE' ,.. CaTB� C'b'mm=. ------------ u. RS C4 1 BSI pl _ Paradise Pines Azchi� eott��t{� Contriol K rrztpti ASA �rT �xSTR=T Durham C:o�zun irm - Butte (:Dusty l,ureau, 4za vine of Butte Counter Community AsscOiatlo�a:' DLCE• l�RCTECfixQi�� State H,fgh�ray, Patrol Lima Saddle CO-----»• �.w« :p, Di strict unii-y SerV'fZ COU Sheriff' -____ .. """"--w, �� Butte Count y Air Pollution f"iia7a D-- I CT —Control Di Z tract Butte .Env1r0nmental ---_ Council -- _; F'AfiirlTS' — � Chico Area RecraaIion District. Durhant Ar Rec. & Park District P{eather River Itec. r Park District ;paradise .Reco & PaParkDi stric Richvale Rec. & pdr)c Distxic�v ... Bta,}C Parks & Rec, Department ltk:EQ't3,RCE Ai7�i�fp�1�iy�1H'P State ,�.�. to Water TteecaurceA Department UDS. Sorest Service p.S., Bureau of Land Manatgeme>ait Butte CouhtyUining Committee State bepazbnent of:Fish & j;aMe California Nat " ,a p' ant +:society - State Div, Fa.reatrlt .- attentjooll Craig carte�h _. ,? tgional TVsteau Quality Cor trol ,Board sZGTION 24--36.3 ZEV RAA L%TY If any provision: or clause of this chapter or the application therL l l:n mxty person or circumstance is held to be unconsfiitut Tonal or othex+t�i',�te , slid other provisi.onscompetent clausesuorsapplication�Ot 'th,isich4ptershall whi�ht�cd�� t implemented without the invalid provision, clauses or,appl application; �l;' to p ,pter arla declar,' rI t. :. thisseveend, the provisions and clauses of this chs' ffgCTION 24-36.4 AMORTIZATION All adult entertainment businesses and/or activities Which becomm' Alulxu��,@c:t to the provisions of this chapter,,and which do not ,Meet the locat;i ot,t l requirements of this chapter, shall cease operation within three ers following receipt of a written notice from the planning commission lxe owner of the premises, provided that such activities "nay be allowed continue for an additional period upon the granting of an exception b�^i3e planning commission upon the finding that the activity is obligated virtue of a written Lease entered into before the effective date df a chapter, for a period exceeding three (3) years from such effect:iv& d kpe of thi chapter., orthatthe activity involves' investment Of money in 1,61 ahold or improvements, of such sum that a longer period is necessary to V.r-6 ,iwnt undue Financia]. hardship Board of Supervisors Discussion Item 86-387': Interpretation: Add;iti6P#1 period of time shall be not in excess of ninety (90) drays, The disced'a,d.qn ary process will :be by use permit and solely limited to factual tion of those items in section 24--36.4. SZcTZOY9 24--37 ldt7NCQ?TFCiRMXId SZdTION 24-�37.1 PURPOSE AND INTENT Existinq uses, structures and buildings, enol lots or parcels which d� �AC�t conform to the regulations of the zone in which they ar6 located sbahl1 subject. to these specific regulations. It is the purpose of this At' �»i'eo establish procedures tek permit the continued operation of such uses WI N;IM �,quch uses are appropriate while elimi4ating'nonconformin4 uses thrd�i' abandonment, obsolescence or lest -uctilon, ,6LCTI09 24--37.2 TYPES OF RANcoNrov.M'X. UBZS DZFa= As used in 'anis chapter, the term noncohtbrming uses :includes ' sevei?aj5L teras of nonconformities. several distinct types of noncoafarmi.ti+a:a can di3tin atnotherd Theses;inclrxd�,; gu *shed f"r' one ' � � 0 Nolitonl Lmming buil4i.ng -- that si�tuatlbu which acaurs When a bUiildtAq or strumture does not conform to the t�;Ae: regulati:on:; becaUga d ar height, location, maga ri.ala or proximiV to Other ;buildings; aod �b Noncoaformi.nq' use of to building —!that nitruatrioA which occurs VtA-P the use of a building or structure doss ;not conform itlthoulh the bu�� or sttucturer'does, and t 33 I I 1 E . (c) uonconform�ng_uases of band _-- that situation wheae the UAse of t.)Ja kind regardless of any buildings of structures dies not confozrn, f I (d) Conditional use without use permit _ that situation where s �f� which listed as a conditional use of the zone in which it er laca,��►� does have. a lase permit. knownFor asnoncsesonf a this chaptar 4::nes�a varsOut nonconformities sisrd be ' nancanfc4rming aces. 1 1 SECTION 24-37.3 (.ONTI'h-U= USE OF A LEGA', PONCORTI+'OR1iIB G USE • w+°+.+1+km•n.:1M+n+.'3yv.act^'�'yy+t?k..IAS..Mkr°t..MM.•rr.kwk.4•tW.¢.M+r..c.°,.. SWyWxrc J.a»t`Ytr'yiklun...w4VAY.p.!'nM ;kept as hereinafter otherwise provided, any use, 'buil�jing o stx�sc tll e, existing on the effective date of this chapter may be such use, building structure may not continued eva tkrugh conform with the regulations of the zone in which it iso located_ Provided, however, that such use must ;NOVO been lawfully established and not in violation of any ordinance, ;t g:ft or regulation in effect at the time. Furthermore, such use, strtYctur'it. 0 27 building must have been in existence at the time, not merely conterttad. Use) permits, variances, building pe -mats or other` permits riot exerdi�I.�d fi it.l�1 1 • °. the required time as not establish the right to a legal noncoifgrmi.ng' use. Pursuant to law, the party asserting a right to a nonaanform;oej liad- K has the burden of proof to establish the lawful and cont-inuing existe;ngo of the use at the time of the enactment of the ordinaulce, stat+ate or r regulation. ISECTION 24-37.4 CRmGx OR EXpARSION,OF'WOHCOXFORMING USE PERMIT REQUIxRM. USE. v+.+niCt+dh.rna+r.IcR?,yrufao•MytS.M+r1.:sxrvw4nYrixX.YNy.,p,v,.rt swu'MC,••,ky.,hx"�F�w-.,vnn ,n, Except as hereinafter Otther~aise provided, no nonconforming use shall be expanded, enlarged., extended, reconstructed, sub structurally altered unle,-ss made to conform to the usste standards and ituted, d' regulations for the zone within which it is located.. "Provided,, that any nonconforming us4 may be changed to an POtherf nonresnfoa,ningus,, :.panded, enlarged, extended, reconstructed, or structurglly altered' ch- ,, obtaininc; a use permit :from the planning commission. io�heri cc�hs idred!� 4 use permit t"or a nonconforming use., the planning commission small dant t e use r Pio �. w. rznit wh_n it finds that the change, expansion, enlargement, extcnsi)),r zecaras truczion, or structural alteratiora a such use _wall next cr�n ick lith, . i pa or be detrimental to 'the' uses botpermitted and conditional d!Ct,be: zone in which it ),s located and/or adjoins. 'his Binding shallbe ini ' addition to the fandi,ngs required by ,,ect,ion 24-47 of the >3utta County }' Zoning Ordinance. Pursuant to sect$.on ; �4_ the Planning ButtsCommi'' oun AS impose conditions Upon the issuance of the usepermit which are rea,s,�rr related to,the use of the proptarty for whicli ly the use In addition the planning commission mgr at its 'own discretansestabl3 ss either the termination ' of the use or review of the use r,`rrtw°. Wlle�ne+ver gaditto- for nccnfolrming use has been changed to cordo . StAnd�ards and regul4tions of the zone in which 't is lcatedtstechsnorl to td&1;*- fO,r�ming use shall not thereafter be changed to a nonconfarmirag''luse, , f �aTIOM 24-39.5 RESIVENWIAL SUBSTITUTION PUMITTRI) the substitution of a1 single-noncOn£orming reside4t3s is permittedl building, or struCct>sr+� subject to g review anal condition~ imposed by the plann Al 34 i ciCrector, Such conditions shall be limited to Setbacks. � Substitution a nonconforMin building or strt'�cture on the ,cis, subght, and la:cemen', of the bui res" g mabi.la� home ahall be cotasia3ro d tax` ria, 4�c�1 residential substitution undar the terms of t.tis chgjptea SECTION 24-37..6 A 2iAO3tiMT or NONCONpOjjXTZjG V133 (a) Abandonment : Canse uences.' it is vOluntari,ly discontinued With the into rtgn�L� sal_ all bew,l�en shall be a presumption that a rnoa�conforming use which `esum�e it, f for the prpperty owraer�l�;cc°a ave ntc��rsothtive :has been ed,, months has been +arightnto ,14 p� tit may ,submit evade r , other part asserting the right to sa; °. s#G evidence to abut the pt>estatnption inc�luclin '� discontinuaa?ce wa,o r:ot v'olurlth,�y, The t�rt}psrty oynr�rg evidence that f�;��r' party asserting the right to a 14'.gal nanconformi�Z use `'zcupant or- at`J zr proving the legal and cos;tinujn exists 1 g tJas the burdeyr nonconforming uSe shall. no longer be a~legal nonconue- Onca abtisndonc r Zhe rights and privi?eges described in this Cha te�forming use entitl4'4 wry made to conform to the uses, standards and require•p � and thereafter it is located.mr.ts r she Of the xr:�ne it`.� "rl��;f,rl',1 (b) Determination of Abandonment; A,ppeel ; The 1'laranin determine whether or not a non,conform;�t use r „��,q notice of such determination t� g Director the latest enc y owner u4 abandoned and m&y Inoi , thea proFert 4ua .� xed assessment, rc 11 of the Count of, the adder, ,6,x. occupant at the ;street address of the pro' y 1~#Utte and to f he. occupant m id- ,� Y- The property owner V, w�,.hin lS drays a£ the mas..ing a;f said cue the determination of t,elanniaf Sul'ezrzsars.ermi•xaton, a the aetermirr�,tivr� tO If no such appeal iakUI r is filed, it shall ,kre fr. ng »azecLob shall b� final. If quo` t, fed and .heard in trie same mann%k 4s a $ � ` . peal. There. shall be no fee regi1ired for appeal ars t)�e fil net of S4ej)� A k to Section 24--48 - , SECTION .24-37.6 REc, ' 's'CJRAxxON O:A' BTOP3GORdF©RMZgCs E9D'II,AIA3 � �� A nonconforming building or structure phi O' OR SUUCT ; .side yard, rear yard, or st ^eet setback arms�aewh.ichpriarm to the r� OF destroyed totally or in to tnolished d M r d t�qqd ",O+., same extent ,as the or:,g na.l �onlX uponQsecur ngoa us ta, floor rare , Section 24-43.to Permit pUrsUlr�har i SECTION 24!--37.7 RESTOUTII`ON OF B'fONCCYHFo,RHS4dG A;SSS A nonconforming use, building or structure catastrophi call destroyed totally'ar is part, may be restored to a, tatal y damagod or the same extent as the original without as use permit. , �'1'oor area or t,�y that any expansion, enlargement of extension of the nQnCanfermi, owe allowed only. upon security adect, izrsweve'��r restoration or a £con g use permit pursuant , o SFsctroV . g sp �uctxon of a nonconforming Ltse not ia 2--93• Any �a?6 permit shall commence tir,, t�►elve (12) atonths azd be onr��,le�ed withi',h f g doted. gpon 24j months' of that time of damage or it s) 1,1 letedn a SAS twenty-four applidation to the planning comtni:asi ort : an a e d"=emer? ary tat=nrestoration of a na e raconforming use °ma on Of tima for gears in total. Y granted not to�eaxceed f'iv+d� ) j SECTION 24-37. a MAINTENANCE AND REPAIRS roR s AFE'SCY Nothing in this chapter shall prevent the norm411, ordihar-�r; cust�ym�r� mai:ntenanc:e of a nonconforming use provided th4it such maintenance dtiO4 ,not inolud, a major structural alterations which havoi the effect of ospailr n9, enlarging or extending the nonconformis:g use. Nothing prevent any such repair, alteration or restoration toin teas gh�ap �)' shall a safe aaihidit:i,fl)l or any portion ax' a nonconforming use ..when so dzr��cted by the >3utt,obf��)�".� Pul;lz(~ Corks Director upon a finding p M F that such is necessary for t%# �a`potec- tion cif the ublic healt:ly and safety. SECTION 24-37.9 CONSTRUCTION USz PERMITS AMENDHZNTS ("a) Nothing in this chapter shall require any change in the planes-, dgn, >tructin size or designated use of any lai d, building or"str'udAA re, for which building perrvits have been issued, ill accordance with thd; VOV4 - sions of this chapter or ordinances then in effect. Provided, hk)vaver, that the actual use or construction under such permit has .staart_#prior Ito the effective date of this chapter and in all such cases be, d#prlad out in a normal manner until completipn. (b) Except as provided in subsection (a) of this section and Sectidli 24-43i any rezoning or subsequent amendment of this chapter which bras tjkq effect of eliminating a particular conditibn,al use or changing till' ( conditions under which a particular conditional use may be allover shall remain valid,, unless specifically stated to the contrary i the amending ordinance. Subject to the limitations t>f Section 24_0' .?y' such use permits shall remain valid and may be used, extended, 't+'J"ttx'~ (erred. ar modified' through .amendment to the saune �Bxtent that 'cite rezoning or amendment was not adopted. No extension of 2 use pets';%i' shall be granted following such rezoning or amendment unless they applicant makes a satisfactory showing to the planning nlescommssic 'that there have been substan�~zal expenditures made in ro�liance upon t1+i641 continued effectiveness Of the use permit within the prescrined -11gg period and/or the, inability to complete the project authorized by the' use permit is due to reasons beyond the: applicants control, SECTION 24-27.10 NONCONFORMING �IAACELs OF RECORD Except as otherwise provided in this chapter or wherespecifically104r. ,00, under the provisions of section 66499.,11 et sea. of the Governmenx Cod4, any widthlegallysd parcel of land of rOcord having less than the' or frontage for a ermitteduse for the. zone in Which it as 1pc�teed, may �b�l �s�d p e provided that the parcel; (a) Meet the other area or dimensional standards and requi,rnments fir the proposed use unless changed by the ,planning commis sion with a vaa�ix�r�ce a Meet the ('b) pprovisi nseof water andfthe sew' ageutte disposaCounty Health Depar4ment f'r�r kat3 Side yard setbacks on nonconforming lots may be reduced by �'iue C$. incremcnt.s until at least a 75 foot wide bui lriin isnveYo . 3114 a:rd setback requirement e is achieved. " No Y quzrempnt �s to b�: reduo d below t,en (10) feet. 15Wsh Modification ` of side yard setbacks is to be approved in each and ev+ar,�' mae confc�rminy lot. ing that the sufject prdpa by the planning director or deputy after find created non g ig a legally, 36