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HomeMy WebLinkAbout021-160-013r _ hvg No. File No. Chris M. Dewsnup applicant representative ADDRESS: P.O. Box 987 Gridley, CA 95948 PHONE: 846-5428 Same property owner ADDRESS: P3�0=C!I! DV:9.Ca:-1'`�'T=QN _ VARIANCE to allow the creation- of a .97 acre lot A-40 east side of Lewis Oak Rd., approx. 1200' on property zoned located north of Peterson Rd.`, 91-16-113 xaenuFied as AP town area; southwest of ri ey GENERAL PLAN DESIGNATION DA'T'E PRE=AFt FEE PAID: $ 135.50 RECEIPT m,,sER: 10405 11-4 APPLICATION ACCE_aTED FINAL APP. PAID: O RECEIPT NUMBER: I05'5(a REZONING PETITION SIGNATURES �yCKED PERCENTAGE: % MAILING LIST PREPAR +iAI"L-OV£' NOTICES WRIT"Fs_ N News: -' NOTICES W.= - N[i:fl3ER: 12'ublcc a?-� LEGAL DESCRIPTION PREPARED _ yTpul;'ATIONNOTICEtrFiTTY' 15 % DISPLAY AD PREPARED t 1�Y NEWSPAPER PUBLICATION G C l' B B DATE Or PuLICATION: INITIAL STUDY PREPARED ENYIDMENTA3 DE EMMINATION: Categorical EKeztien .LTA: Negative Declaration FILA: Mitigated Negative Declar_rion ==IL_FD: -- - - - Erivironmental. Impact Report. =LIFIED, Other: STATE CLEARINGHOUSE NUMBER: APPLICA'dT/REP cESE:NT TIVE NOTIFICATION OF ENVIR01PfE MAL BETERMMZYATIOU PLANNING COMMISSION HEARING(s): l �? BOARD OF SUPERVISORS; !EkRING(s) : RESOLUTION N m--ta .(GPAE J ADOPTED; ORDINANCE N[?11BE---DGPTy ! NC -LICE OF DEQ Mdi'rdTION (Appendix H) FILED Y, ki I)ROJI, IT N)\Mf.l C11 r i s M.' Dewanup Varia=e. SCIT All # AP#21-16-113 Ff LEI 3 0 ziy Roview D, Period EMO's SCII Review 11c r i od Tinds OUT-GOINC A.CTIVTTY, Da, t C Action r•' -1 s Puke i heax'ing Deiwsnv� p variajape to Lai �iCtW thecreation, a of .97 ac- e Jot (propo6eet e,gat ve c eclara,t o,rY regarding environmiantaa 'impact).-On proper ter zbned A-40 (agricill :.ural, 40 acre pikcel-0 , pro.pOert F located on th,e east oide of, Lewiz Oak Road, appt oxi.mateiy a ��jtl' north oil ,Paterson .Road,, ide,ntitied as AP 21--16-113, souIthwO.tt of Gridley. (788) (S�JPERV"ISO.R 7EECRiTSURESE�iTT. " r' E"MQTTON t MOTION OF INTENT TO UPHOLD THE APPEAL WITH STAFF" To PREP. AE 1KpPRbPRTA7'B VINDINGS . 2 Y 3 Y ." � Y iiiinanxmoua�Xy c rrj e'd ) (DIRECTION TO STAFF,TO F,XPLOPE TH.E POSSIBILITY OFA CHANGE IN T"E ,)PARCEL MAP LAW; AND A REPORT TO THE BOARri ON HOW OTHER G`C3oMpximS HA$ibL:9 GTITQNSIDS A14D IF THEY HAVE ,ADDR9SSED THg NEED TO rgT !"I4EM INTO THE PARCEL P4AP PROCpjSSe,) HtTT'x'IPOZ'yi" 13Q tD E' SU ERVISORs M�GNi1�'EH =` Ajar 8, i , X3.6 �-24�j Gloried, hearing Chris M. Dewsnup � variance to allowthe �/ creation ofa �, 97 acre lot (proposeia negative, declaratxa n regarding envi ronmental. impact) on property zoned A -N (agricultural, 40 acne parcels) e property located on the ,'east SICAPP of Lewis Oak ;Road, approximately 1,200 feat 'north of ` Peterson Road, identified as AP 21--16--13.3, southwest of Gridley. (2 +63 ) MOTION: MOVE AS FOLLOWS A. FIND THAT A NEGATIVE DECLRRATION HAS BEEN COMPLETED IN COMPLIANCE WITH CEQA AND IS APPROVED AND ADOPTED, B,. FIND THAT SAID NEGATIVE DECLARATION, TOGETHER WITH ANY COMMENTS RECEIVED DURING THE PUBLIC REVIEW PROCESS, HAS BEEN REVIEWED AIM CONSIDERED; C. FIND THAT THERE ARE SPECIAL CIRC;UM'8TANCES APPLICABLETO ' THE PROPERTY, INCLI,MING BUT NOT LaIMITE'D TO SIZE, SHAPE TOPOGRAPHY, LOCATION OR SURROUNDINGS, AND THE SIZE OF EXISTING PROPERTIES IN TIME IMMEDIATE VICINITY, AND BECAUSE OF SUCH cmcums,mCES THE STRICT APPLICATION OF CHAPTER 24 OF THE BUTTES COUNTY CODE DEPRIVES SUCH P'i'tOPERIIT OF PRIVILEGES ENJOYED BY OTHER PROPERTY IN THF, VIC:3 NITY AND UNDER IDENTICAL ZONING CLASSIF=-,tTION; AND D. UPHOLD THE APPEAL AND APPROVE THE PROPOSED 'V'ARIANCE TO ALLOW THE CREA'T'ION OF A 97 ACRE PARCEL IN AN A-40 'LONE SUBaECT TO THE FOLLOWING CONDITIONS 1. .LOT MUST MEET' MINIMUM SEWAGE DISPOSAL REQUIREMENTS AS PER APPk"TIDX VII OF THE BUTTE COUNTY' ENVTRONMEN°T°AL HEALTH D'E AP.TMENT 2. BOTH PARCELS TO BE CREATED IN CONFORMANCE WITH CHAPTER 20 OF THE BUTTE COUNTY CODE. (AP 21- 16-112 :IND 313 ) y 3. APPLICANT TO FILE AN AGRICULTURAL NUM,E5ANCE _ STATEMENT: 4. APPLICANT TO COMPLY WITH ALL SETBACK REQUIREMENTS OF THE A-40 ZONE. 5. APPLICANT MUST ALSO COMPLY WITH ALL OTHER. APPLICABLE STATE AND LOCAL STATUTES, ORDIN,AN'CES,,AND REGULATIONS., fS M VOTE: 1. Y' 2 ff 3' Y 4 Y 5 'Y' (Motion Carried) BUTTE COUNTY ''BQUA D OF�SUPERV.1SOAS 9;tNUTV,8 - May '23, X989 I � , I Chris M. Dew_ snuff proposed gegativo Declaration regarding environmental ympact and variance a allow_ a �cr �sfation of a,{ .97 acre lot. -'on property zone" X.-40 (,A4ri�c4ltutal aC acre parcels) located on the east of Lewis Oak road, approximately 1200 feet north oke Pet.:erson Road, identified as AP 21-16-113, southwest of Gridley. The Commission waived the reading' of the Staff Findings. { Staff commented that the issue before the Commission is the,1 variance not the legality of the parcel. Staff said Mh e provisions for determining whether or not a parcel is "legal" is' the responsibility of the Advisory' Agency ansa/or the Board of Supervisors Commissioner Lynch asked if the variance is approved it would not necessarily mean the parcel is a legal lot? Staff said this is correct. Staff said the Advisory Agency, in determining a parcel` to be a legal lot, would have to find that the parcel was created prior' to the time of the zonixig being imposed, then in that case a' variance would not, be needed. Chairman Lambert asked about the timing of when this parcel was created having an effect on the zoning. Staff said this would be a zoning violation. The nearing was opened to the public. I Chris Dewsnup said :the purchased the property 2 yearn ago. He said the property was transferred with a gift deed. He said there is a problem with building a house on the property. He said there are other small parcels in the vicinity that can develop;. He said he has a piece of property that he can not live on or build on. He said the gift deed was recorded 8 months after the rezone was effective. He thought because the gift deed was granted, that the parcel could be built on. He said no one was notified that they could not build on the parcel. He said in 1986 there was a 1.3 acre parcel created 'across the street through the aq. segregation ordinance procedure. He said he would lik,c, to build on his property. He said the area is developing._ Commissioner Ostrowski asked if the land was vacarit and Mr. Dewsr�up said yes. He said he was willing to do whatever it takes to be able to build on this property. The hearing was closed. Chairman Lambert said she sympathizes with Mr. Dewsnup, but she could not make the necessary findings to grant a variance. She asked staff if a Certificate of Compliance goes through the, Advisory Agency and staff said yes. Bi7`'� , t;OtJiQTLAT�U�` l CON�ISS417 �Ji7S..�.March 9 :1981 1 i 777777 777 ti COmmi pioner Lynch said it eras difficult making the necessary, findings for a variance: die said the applicant should determine if' the lot . is legal first. Staff explained that the Assessor's Office puts A,P numbeks on, property for tax purposes only. The fact that the 'Assessor'pu:t' a number on a piece of property toes not make the parcel legal and buildable. CoiTanissioner Lynch said the only way the Commission can maike a finding in this casee is to connect this parcel with other parcels that were created by gift dFeds in the vicinity. He said ;the trouble was the ratherarcels were created prior to the and -this parcel was created after the rezone e re,�orte Staff explained the ag. segregation ordinance. Staff said this request could not be considered in the same liq t as an,ag segregation because it falls under' a,differen.t`ordinance and regulations. Commissioner Lynch said if this is denied the applicant has -the option of an appeal to the Board of Supervisors. He said thy: applicant still has the option of taking this through the Advisory Agency for a possible Certificate of Compliance: and then the variance would not be needed. Commissioner Ostrowski said the request seems appropriate where there are other: small parcels, in the area 1 i It was moved by Chairman Lambert, seconded by Commissioner Lynch, and carried for denial as follows: A. Note that the requirements of CEQA have been completed zan.d considered in making this decision; and � B. Find that the proposed project does not comply with Butte County Code Section 24-49, because of the zoning and the fact that it is questionable whether it is a legal parcel and C. Deny the proposed variance to allow the creation of a .97 acre parcel in an A-40 zone (Chris Dewsnup),, AYES: Cornmissioners Lynch and Matson, and Chairman Lambert r, NOBS: Commissioner Ostrowsk ABSENT: Commissioner Forbes ABSTAINED: No ono coON11,� � �X,�1��J��1!X� GCk��:���t��T I��G�t�'S��S' � �5��'c h 9 x.98. 1. 1 F:1GLE ;SIO.: AP 21-16-113 BUTTE COUNTY PLANNING COMMISSION STAFF -'FINDINGS - 'February 28, 1989 APPLICANT: C'hris M., Dewsnup OWNER: Same 11EQUEST: Variance to allow t11he creation of a .97 acre lot in an k -4io zoning district.. AP NO 21-16--113 SIZE: 97 acre (existing) LOCATION; On the east side of Lewis Oak: Road, approximately 1200 feet north of Peterson Road,,southTNest - of Gridley. EXISTING ZONING: A-40' ZONING HISTORY: Zoned A-40 June 29, 1982 Ord. 2296 SURROUNDING ZONING: A-40 SURROUNDING LAND USE: Prune orchard to the north;; pasture/fallow lana to the east; fej olas to the south, young orchard. and ,residence „to the gest. GENERAL PLAN DESIGNATION: Orchard and Fiend Crops APPLIQABLE REGULATIONS: Butte County Code sections and. 24- 49 and 24-81, and Government Code Section 65906. COMMENTS RECEIVED, Public Works: tilt appears that been -created -in conformance AP 21-16-112 and 113 may not have Butte with Count may need Certificate's of Compliance; t' ' y Codes. Both parcels 1 I � f f IRW BUTTE COUNTY PLANNim cool assiON STAFF FINDINGS - February 28. 1989 Environmental remtoVllmust meet minimum sewage disposal requientsas perAppen:dix No'other comments were received. ,ANA.LYSIS This is an application for a variance to minimum parcel size: to allow, the creation of a .97 acne parcel in an A--40 zone. The A-40 zone vias; adopted on June 29, 1982, This parcel was created by gift deed iii 1983 from Daniel. Hendrix etal to Melvin Dewsnup. The gift deed did not create a legal parcel due to the zoning requirement of 40 acres. Apparently, Melvin Dewsnup never tried to develop the property and in 3.988 sold it to his brother. Chris Dewsnup. Chris applied for a building permit for a single family dwelling and at that time Learned the parcel was not legal. Where may be some question as to the validity of the :original gift deed and the subsequent sale of the property. Melvin Dewsnup and Daniel Hendrix are not related. if there was any consideration given in exchange for the parcel, including labor, the gift deed could not be 'considered valid. In addition, any parcel created for sale, lease or finance is subject to the requirements of the Subdivision Map Act Since this parcel has been sold, the Subdivision Map Act may be applicable. This parcel is located approximately 3 miles southwest of Gridley. The area is a mixture of, agricultural, and residential uses There are 10 parcels less than 1.5 acres within 1/'4 raile of this project. The average parcel. size within 1/4 mile is 6.6 acres. All of these smaller lots were created prior to the adoption of the A-40 zone except one which was created by homesite segregation in 1985, There doesnot appear to be any special circumstances to the property, including size, shape, topography, location, or surrounding that deprives this property of privileges enjoyed by other property owners in the vicinity and under identical zoning classifications, RECOMMENDATIONS A. Note that the requirements of CEQA have been completed and considered in making this decision; and 'B. Find that the proposed project does not comply with Butte County Code Section 24-49, because -- ; and ;7, -- 77 sum �► r "BUTTE COUNTY pLANNING COMMISSION STAYS° FINDINGS - FebL-uary28, '1989 C. Deny the proY ,ss,. _ d Variance to allow the creation of a 197 acre. parcel in an k -, C) zone (Chris Dewsnup). In the event'the Planning Commission can retake the required findings the appropriate motion would be as follows A. Find the: requirements for CEO have been completed and adopt a Negative Declaration; and B. Find that there are special circumstances applicable to the property, includingsite shape, tope surroundings, the srict application' of i�hisphc location or property, s en o eco b other property, deprives vicinity and under ide p' y " y property in the such.of privilege ntical zoning classification bacause -- -- and C., Approve the proposed variance to allow .the creation of a .97 acre parcel. in an A-40 zone_ (Chris Dewsnup) subj'e:t.t to the following conditions: 1. Lot, must- meet minimum sewage disposal re -, Appendix VII of the Blxtte County Environmental Health Department. 2. Both parcels to be created in conforman.ce with Chapter 20 of the Butte County Code. (AP 21-16-112 and 113) 3. Applicant to file an agricultural nuisance statement. 4 Applicant to comply with all setback reguirements of the A- 40 zone. �Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. CBS:lr Attachments to the commission and Cities: Site Plan Location Exhibit 3 i �ghwwpnQ,^g,�""�a.a'.a'�'^"�'"-�.,""..'� 7. ANC , 'I *�� -1 , , Pi BUtTF-. COUNT -I'PLAMNIN COMMISSION NOV 4-�1988 orov)Ile, Cal APPLICANT: Read and follow instructions as set forth on attached sheet. , Applicant's; Name�5 _?C". �/ f./t/' Phone No, Applicant's Mailing Address. _– Applicant's interest In property caner lessee, other)---.— owner's ther] – owner's Name and Address{"?lS, L Contact Parson for Project, (t4.other;than applicant) Assessor'aq Parcel Numbers) ��,.11 "' i s Present ZoNrlg Location gond size of,parcel(a)---L— . _ , -�.. { Lac.% Street address directions for trava'Ito property (rural and mountainous areas only) �r Type of v ribnce requested:41 ;Lot .area or buildin �-tOINV'�' --w Mobile home size L.ot width Parking requirements Front yard setback Livestock requirements Side or rear yard setback sign requirements Other (specify): special circumstances refer to instruction No. 6 on ttached sheet) e Ic fvariance because of s r ( � Description of proposed use and reasons orp L7ZCL /n.0 err•, / rL Sy z a CCw' r G �,rr'C ,�a�3 ' hA Description of existing land use Existing/proposed sewage disposal mAthod: Proximity of power and phone lines: Water source: Proximityof t x water for fire fighting purposes ,hydrants, ponds, etc.}.�.:,,.(a..,�et„ � �/✓ - �,�.-•���`" Will excavation or grading be necessary? Cubic yards (estimate)�4 List and describe any other rotated permits and other public approvals required for this project, Including those required by city, regional, State and Federal agencies: "•° 04 $F•"`Itte"fo1lbWlhq yudstliis pertd n n 1r21, for var(aricesytit the mrrltmunrAarcel a IYe reyutred within the zoning district: °4ENV.)IR6liiMENTAL IMPACTS AND MITIGATION MEASURES* 1,,4ntify potentially significant environmental impacts assoolnied with the variance. What project design features or special (�r , , w�.jS`ttdtCi�9tts-dt approval (mltigatmeasures)lgn easutes) ate proposed to aileylate potential environmental impacts? ENVIRONMENTAL. SET'T'ING* Describe the project site as it exists before the project, Including information on topography, soil stability, plants and animals, and any cultueal, hOsi r'wal or scenic 'aspects, Describe any exfstln structures on the site, a d the use of the structures, 4vdve- +,�i 7r5'. ^�' ri " 14 �v S( Jia U_ Describe the surrcund ': properties, including information on plants and animals and any cultural, historical or scenic aspects, Indicate the type of lz� td use (residential, commercial r'kc.), intensity of land use (single -family, apartments, shops, depart- Ment stores,etc.),; and scale of development (height, f rage, setback, rear yard, etc.l. * Use separate slider for longer responses. j:je_ =5 p),vCbe ,L, aeSedpa+ en Cz J hereby decoateunder penglty of pet)ury that I have read and understand the instructions and that the foregoing statements are true, opmplete and correct to the best of my knowledge and belief. Da#e -`. Applicant's signature22L re�J''?. Date _ �! _ ^�property owner's signature, ' M�Variance numbe request: Variance tc. _.1. tj_j ,d.WJ —_ .. (, .S i2�F Location and size .vj parce;lfs): located an the , VERIFY: A.P. Number(s)zrrnirrg and requirements yQ��nership ,,,,i:GcatIon Description Proof of Agency (if needed)— i.r' 20 copies of plot F"llan LU r Gate received 1 i W _5 � � O [U Receipt Number,.. J. ApplicationTaken py� �r IJ.,t ty ty. U_ C) 4 Tl�r! FINDING Ask I�IUV 4 1988 IJwvi11a, Callfornl a Each zoning, classification and land use has an associated set of rlevalopment standards which are specified in the Butte County Code. The Code also estab- lishes a procedure to grant variances from these standards where unique circumstances exist: to warrant relief: from the strict application of these standards. A variance can be granted only if specific findings are made to indicate that unique circumstances do, in tact, exist. These special circumstances may -include facto's such as the size, shape, topography, location and surroundings of a piece of proporty• The courts have clearly indicated that variances are riot Intended to rewrite the County Conde and can only be granted if all the findings listed below are made. further, the courts have indicated the actual., factual basis for these findings must be stated.' NOTE To APPLICANT Please do NOT apply for a variance unless you can provide the necessary factual basis to grant the requested variance. All necessary application fees are non- refundable. FINDINGS 1. The following exceptional., or extraordinary circumstances or conditions apply to the land, building or use in question which do not, apply generally to other; land, buildings or uses in the samo district. IL rs- y r c 2G7V 0 vo"5- ' �-25 " . The facia that the granting of the variance is necessary for the preWervatian and e,Ijoymerat of substantial property' rights is `supported by tfie following'. Vie ' � -- G�,,J ' ',M2 3. The fact that tho granting of the var ianr.; � mill not adversely affect the fare o . � 5 ,: � • health, safety or welfare r 1� .a t.a neighborhood, or ire. det xxmGrxhal, to the publa4 , J g adversely affect p ops rt, or imp r•ov .rme its in :he neighborhood is supported by the following.',.)/4 ALL ply THEABOVE FINDINGS MUST ,Bt MADE, INCLUDINQ THE STATEMENT Uf ;SHMIrIC i1ACTS, TO GRANT A VOTA'NCf',. pMA�lnnw��..r...v.nr---•-- m r A i 1 4.r -.t •,�4Y'�}jr, f AP 1,�- 6 � �1 AP441, { ]S1�TTttyyt�T� R $x dasia r 745 Littleliveliue 1'208 L'ai]cin Road Gridley, Ct'L:'9594$ Gridley, CA 95948 AP 2i -I Er -B AP421-16-11.4 RobertScott I. & P. Little 1.330 Hazel Street 1107 Lewis' oak. Road Gridley, CA 959.48 Gridley,' 948 �rsdle , C,A 9 5 .&P#1 -?1 . AP#21.-16-113 A. A.Stewart & Chris M. Dewsnup 1.01.2 Legis Oak Road P.O,Box 987 Gridley CA 95948 Gridley, CA 95948 AP421-16-91 Daniel Barth 112z French Avenue Gridley, CA 95948 AP171t211-16-92 C. & J. Wright 673 Silva Lane Gridley, CA 95948 AP#21.-16-93 j. & M. Henry 1053 'Lewis Oak Road Gridley, LA 9594$ AP#21'-16-9'4 &1:1.2 D. Hendrix ETAZ 1054 Letais Oaks Road Gridley, CA 9594$ AP#21=16-99 P. & J. Jackson H P.O.. Box 25 Gridley, _Cid 95948 AP#21--16-100 K. & D. Pratt P. & J. Jackson P:O. Box 25 Gridley, CA, 95948 Ir' NEGATIVE DECLARATION 'REGARDING ENVIRONMENTAL IMPACT 1. NOTICE IS HEREBY GIVEN that the project ;described below has been, reviewed pursuant to the provisions-of the California Environmental Quality ;Act of 1.970 (Public Resources Code 21100, et. seq.) and,a determination has been made that it will not, have a si.gnNicanr effect upon the environment. AP 21-16-113 elf Log #89-01-23-02 2. DESCRIPTION OF PROJECT., ' Variance to allow the creation of a .97 acre: lot in an A-40 zone. 3. LOCATION OF PROJECT: East side OfLewisOak Aoad, approx. 1200 ft. north of Peterson Road, southwest of ,Gridley. 4. NAME, AND ADDRESS OF PROJECT APPLICANT': Chris My Dewsn'up P.o. Box 987 Gridley, CA 95948 S. MTTIGATION MEASURES Nonet 6. A copy of the initial study regarding the (nnvirn mental effect of this project is on file at 7 County Centex D-e .ve, ;Orovi,lle: This study was Adopted as presented. Adopted with changes. Specific modifications and E supporting reasons are attached 7. A public hearing on this ?legative Declaration was held by the decision making body, Hearing Body Butte County Board. of Supervisors Date of Determination ?. 23, 19$9 Determination: On the basis of the initial study of environmental impact, the Information presented at hearings, comments received on the proposal and our own knowledge and independent research: We find the proposed project COULD NOT a significant effect on the envi :rottment, and a NEGATIVE 'IIE DECLARATION is hereby adapted. We find dethat thenproject COULD have a significant effect on the 1 not in this case because of attached mitigation measures described in item 5 above which are by this reference made conditions of project approval. A conditional NEGATIVt ECLATN is ereby adopted S1.� ature LE . FULTON, C' IAIRMAN Butte County Board of Supervisors Ti;tl June 6, 1989 Date `" o C 3E' 3DH3:.z' M1"N'rA rC� f Office of Planning and Resrrh Butte County 140O.Tenth Street, Room 121 Planning Department Sacramento, CA 95814 MAY '2 4 1989 7 County Center Drive Orov lle, CA 95065 or OANDACE J. GRUBBS, bu#te Co. Clerk X County Clerk by�---- �� DeputyCounty of Butte sxm_=C'M c Filing of Notice of Determination i,n, compliance with Section ?_11.08 or 7,1152 of the Public Resources Code, Project Title AP1 Name Variance 21-16-113 Chris M. D-.Wsnup State Clearinghouse Number' Contact Person Telephone Number (if submitted to Clearinghouse) B. A. Kircher, Director of planning (916) 538-7601. Project Location east s.:i le of Lewis > Oak Road, approx. 1200 ft. north of Peterson road, southwP.. of Gridleyy Project Description Variance to alloTv the creationof a .97 acre lot -in ar. A-4'0 zone. This is to advise -that the Butte County Board of Supervisors (Lead Agency or Responsible Agency) has approved the above-Cescribed project on LSy 23, 1989 and has made (Date) the .following determinatesons regarding the above-described project: 1. The project will, X will not, have a .significant effect on the environment 2. An Environmental impact Report was prepared for this project • pursuant to the provisions of CEQA, X A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures , X were not, made a condition of the . —were, ,�,_,__ approval of the project: C 4. A statementfoer�r,iding considerations was., k was not, adopted for project. This is to certify that the final EIR with comments :nd responses and record of project approval is availableto,the general public at: Butte County Planning Department 7 County Center Drive Orovil.le, CA 959615 Date' Received for Filing and /� + Posting at OPR 5/24/89 ,... _ Signature 95�01 B. A. Kircher Director of Plann$Lng Title revised Mrch 1986 *F ADMIN COUNTY OF BUTTE' p�{1`I'?F q 25 COUNTY CENTER DRIVE " r OROVILLE, CALIFORNIA 95965-3380 e r Telephone: (916) 538-7631 MEMBERS OF TRE BOARD, ° Fax! (916) 538-7120 HASKEL A. McIN7URF JANE DOLAN; WILLIAM H. RANDOLPH KAREN VERGRUSE' CHIEF- ADMINISTRkrivEcmcEH s ED MCLAUGHLIN LEN FULTON May 24, 1989 Chris M Dewsnup ' P.U. Box 987 i Gridley, CA 9894$ I Re: Variance, AP 21-16-113 Dear, Mr. Dewsnups At the regular meeting of the Butte County Board of Supervisors held May 23, 1989, your appeal of the Planning Commission's ddnial of a Variance to allow the creation of a .97 acre lot on p )perty zoned A-40 located on tl.a east side Of Lewis Oak Road, soLthwest of Gridley, was upheld. Variance approval, is subject to the following conditions: 1. Lot mustmeet minirrim sewage disposal requirements as per Appendix V11 Of the Butte County Environmental Health Depar',ment . 2. Both parcels to be created in conformance with Chapter 20 of the Butte County Code. (AIS 21-16-112 and 113) 3. Applicant to file an agricultural nuisance statement.`_ 4. Applicant to comply with a'1 setback requirements of the A- 40 zine. 5A' Apnlicant must'also comply with all other applicable State andlocal statutes, ordinances, and regulations. Your variance will be issued after the official approval of the minutes of the Board of Supervisors for May 23, 1989. v I i TN.-DEPART2�'5 TA7T, MEI40RAL UM. 0 OFFICE OF BUTTE COUNTY COUNSE%, TO-. ' Board of Supervisors BY Neil Fi. McCabe, Chief Deputy County Counsel f SUBJECT:; Chris N. Dewsnup, Appeal from Planning Commission Denial of variance to allow the creation of a .97 acre lot on property zoned A•40 identified as AP 21.-16-11 DAVE: May 18 1989' At your meeting on April 18, 1989t your Board passed a, Motion. of Intent to Approve the issuance of a variance pertaining to the subject parcel. Staff was requested to prepare for submission to you a mention to take such action, including proper findings. The Planning and Public Works Departments have requested this office to prepare' the Motion and. Findings We cannot recommend approval of the variance since it relates to -the creation of a parcel which does not conform with the Zoning Ordinance. However, if your Board concludes that there is sufficient evidence in the record from which you; can make the required findings pursuant to Butte County Code Section 24-49 and Government Code Section 65906, then the following form of motion is suggested: A. Find that a Negative Declaration: has been completed in compliance with CFIQA and is approved and adopted and B. Find that said Negative Declaration, together with any comments received during' the public review process, has been reviewed and considered; and C. find that there are special circumstances applicable to the property, including but not limited to size, shape, topography, location or surrou.ndingsr and the: size of existing- properties in the immediate vicinity, and because of such circumstances the strict application of Chapter 24 of the Butte County Code deprives such property of privileges enjoyed by othar property in ` Y zoning classification; and the vicinity and identical D. Uphold the Appeal and approve the proposed Variance to allow the creation of a. .97 acre parcel in an A-40 Zone subject to the following coiiditiots: 1. Lot must meet minimum sewage disposal requirements as per Appendix VII of the Butte County Environmental Health Departments Z. Both parcels to be created in conformance with Chapter '20 of the Butte County Coded (AP 21-16-1.12 and 113) 8 Applicant to file An agri,cul.tural, nuisance '-atement. 4. Applicant to comply with all setback requirements of the A-40 zone. 5. Applicant must a" 3o comply wl,th all. other applicable State- and local st Mutes, ordinances, and regulations. rvaulJnr[n llnnP, 1 Pc etsan nvenun n,. Q {I:1 rllNYnn. nven� t y�r. g ..0 wiuy �avenuc / n Wri ht Avenue a Cr.nicr Avanual. DalsV Lane �� a 0 WEST Jericho EVANS RElMER , MA0101.mrn ._.� �»_ �. m ...WEST _ Gt. ROA EAST EVANS U REIMER ROAn C�1 ffi,,l i� 9 N a7 �49iVliflS gre�r lose' aaau' 000a' aocc_ llllt. U 4 itifiner r Rt)all dln'IiA �'" m�S.' r,: — n�'�:r. qKr llnneilr� srfim � 1 • m�amm ,�. 4uc�nncr ., nrrrs�a+s+miiomr>er>m , r>a�a+mma � r. + ti. 77777 7 7, L,4ND OF NATURAL WE%LTH AND BEAUTY PLANNING DEPARTMENT ~ � - 7 COUNTY CENTER DRIVE- O V7ILLEi CALIFORNIA 95965-3397 TELEPHO`L.. 1 February 7, 1989 i Chris M. Dewsnup P.O. Box 987 Gridley, CA 95948 Re: Variance, AP 21-16•-113 Dear Mr . Dewsn:up The Butte County Planning Department has completed �,he initial study of potential environmental consequences anticipated in connection with the above-mentioned project, a copy of which is being forwarded to you Please review the enclosed checklist, noting particularly any environmental, 'problems which could be minimized or avoided by the care and manner .in which the project is carried out. Also, please review any recommended mitigationmeasures or "measureoconditions of approval. After reviewing the checklist, you may see ways to improve the project design. Design improvements to minimize problems are encouraged. If you note any errors or omissions in our evaluation., please bring ,them to our attention. Y'ou will be notified of the time and place of the public :hearing for your' project If you have any questions regarding environmental review, please contact this office. S incerel-y B. A. Kircher Director of Planning Craig B. Sanders Assistant Planner CBS:lr 'APPENDIX'P � :,COUNTY0 ENVIRONMENTAL CHECKLIST ' (To be completed, by Lead Agency) Log No. ' 89-01-23�-'02 AP No, 21-1d-113 I. BACKGROUND N 1, Nance of proponent Chris M. Dewsnup 2. Address of piroponent and representative (if applicable): 3. t�CGj Ct tPwCrs t9Cln. Variance IC II. MANDATORY FINDINGS CSI"" SIGNIFICf��4~CI„: Yes P�AYF�E NO t9. Does tte project have potential to degrade the quality of the environment, substantially reduce the. haoitat of v, fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels. threaten to eliminate d plant or animal community, reduce the number of restrict the range of a rare or endangered plant oranimal or eliminate important examples of major periods of California history or prehistory?, . , , . , . , , , , , , .... ❑ D �. 2. Does the project have the potential to achieve short-term benefits to the detriment of long- term, onviron nental goals? (Ashort-term impact on the environment is one which occurs in a relatively brief period of time while long-term Impacts will endure into the future,) , � Q � 3• Dw�s the project have im;pact: whmll are individually limited, but cumulatively considerable? i A pi oject may impact on two or more separate resources where the impact on each resource is relativet+r small, but where the effect of the total of those impacts on the environment is significant .................. ., El ❑ )m d> Does the ;pr ect tiave environ mental effe t which will cause substantial adverse Effects on mQ ,an beings, either directly or indirectly,?_ Ill. DET ERFAI>VATION: (To be completed by the Lead Agency) igh the y basis of this Initial evaluation; DECLARATION will be prepared. iivironlnlant, and a NEGATIVE I�WE find the proposed oseproject COULD NOT have a significant.effoot on the e I,iWE find that although the proposed project could have a significant effect on the enviironment,'thete will not be a significant effect in this case because the fVlt'i PATIQN MEAWRES described on the attached sheet have been added to the project, A NEGATIVE t3ECLA. ,ATION will be prepared. UWE find: the proposed project MAY have a significant eff oat on the environment, and an P-N'V,iAONMENTAL IMPACT"85POFST is required. COUNTY OF BOTTE, PLANNING DEPAR V06N'T DATE:Februar?.r. 189 By. ii1 H. c1er>h' f•'tevfewed fly:ti�� r Ill. ENVIAONMENYAL IMPACTS (Explanations of all "YES" and "MAYBE" answers are required on attached sheet(s),) 1. EARTH. Will the proposal' result in signt'ficant: YES MAYBE NO a. (instable eartn conditions or in changes In geologic substructures? .................. . . ❑ ❑ � b. disruptions, displacements, compaction or overcovering of the soil? ..... ,_ ........... ❑ ❑ C c. Change in topography or ground surface relief features? . ............... i.- ......... ❑ ❑ d. Destruction, covering or modification of any unique geologic or physical features? ..... ❑ 0 e.. increase in wind or water erosion of soils, either on or off site? ................ 1-1 0 ❑ X f, Changes in deposition or erosion of beach sands, or -changes In siltation, deposition or erosion which may modify the channel of a riveror stream or the bed of the ocean or any bay, ,Inlet or lake? .... ... ............................... .. i7 ❑' 9 g. Loss of prime agriculturally productive soils outside+ designated urban areas? .. . ❑ U ❑ h. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure or similar hazards? .. . • . • • • • • • • ❑ ❑ H C ?. AIR. Will the proposal result In substantial: a. Air emissions or deterioiation of ambient air quality?. ... . 0 ❑ b,,Yhe creation of objectional odors, smoke or fumes?. • • • • ❑ 171 9 c. Alteration of air movement, moisture, or temperature, or any change in climate, locally or regionally? 3. WATER. Will the proposal result in substantial: a. Changes in currents, or the course or direction of water movements in either marine or freshwaters?.. ..... .. ......... ... b. Changes in absorption rates, drainage patterns, or thin rate and amount of surface runoff?.: ❑ ❑ C c. Need for off-site surface drainage improvements, including vegetation removal, 0 channelization or culvert installation? ...... .. « . .... .. ... . , .. .... . d. Alterations to the course or flow of flood waters? . . .. ....... . ...... ❑ e. Change in the amount of surface water In any water body? i .. «.. _. • • • . , , • • « • • • • ...... , ❑ ❑ U f. Discharge Into surface waters,, or in any alteration of surface water quality, including but ot to temperature, dissolved oxygen or turbidity? . «.............. • ....... • . • .. ❑ ❑ N g. Alteration of the direction or rate of flow of ground; waters?.... , , ... « , « , , , .... «... « :..: ❑ ❑ i�a h. Change in the quantity or quality of grourid waters, either through direct' additions or ❑- ®-C. withdrawals, or through interception of an aquifer by cuts or excavations? .......'.. 4 ... Q i, Reduction in the amount of water otherwise available for public water supplies? ........ ❑ ❑ � j. Exposure of people or property to water rebated hazards such as flooding? .. «...:.... « . Ca 4. PLANT LIFE. Will the proposal result in substantial; a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass; crops,' and aquatic plants)? ......... . .. . .. . .. . .... . ..... . ... «., i❑ 0 del. b. Reduction of the numbers of any unique, rare or endangered species of plants? . «: « « . «. ❑ 12 c" intrdductioil of ' iUW species of plants Into art area, or In a barrier to the normal replenishment of existing species? d. Reduction In aer+.,•tgp of any agricultural crop?,.,, .,...";.«..• 1,«...•••«,. ,.,.. «««. 0 0 Ii C ....ry-�..wtl''^ 1) ( APPENDIX V 7, iCOUNTY OF BUTTE i VIAL CHECKUST F (To be completed; by Lead Agency) Lag No, 89-011.-2-02 AP No. 2-1-16-113 LBACKGROUND 1. Name of proponent ChkLiS M. nevysnulp 2. Address of proponent and representative (if applicable): Gtidle CA 95948 3. Project description. Variance 11. MANDATORY1~'i1tJDINGS OF, SfG1q1FIGA1\0'CE YE,.,,, AIAYQE No 1. Does the project have potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wiidlife species, caUse a fish or wildlife population to drop ' below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of major periods of California history or prehistory?,,,., , , , , , , , , , , , , ; , n ❑ 2. Does the proleot have the potential to achieve short-term benefits to th detriment of long- term, environmental goals? (Ashort-term Impacton the environment is one which occurs in a relatively briet period of time while long-term impacts will e: lure ;nto'the future.) , .... , , , , 0 ❑ RJ 3. Does the project have impactswhich are Individu.-dly limited, but cumulatively considerable? (A project may impacton two or more separate resources where the impact on each resource . is relatively small, but where the effect of the total of those impacts on the environment is significant.) ... , , ...... .. , , , , . .. 4Does se effects on . human beings,e either directly or indirectly? , , , , , , , `fastant...... . • , ♦ • , , . , 0 ❑ project environmental effects �,rhich will cause substantial 'I11. DETERMINATION: (To be completed by the Lead Agency) On ithe basis of this Initial evaluation: tj DECLARATION will beprepared, � g NEGATIVE I/WE find the. proposed project rops ect COULD NOT have a significant effect an the environment, and a NE I/WE find significant ltalthoughproposedproject in this case bemuse the MIEl be TIGATION have a`significant effe^I on ti�� environment, there will not MEASURES described on the attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I/WE find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT RI:PORT is required. COUNTY OF BUTTE. PLANNING DEPARTMENT DATE: ` Ti eb:i�lia / 9 $ Craig B.f�a der Assistant 1ann�r Reviewed by: t *�—----- .—..,....s.�..--•- I W. ENIVIRONMENTAL IMPACTS' 'E,kPlanatlons of all "YES'and "MAYBE" answers are required on attached sheet(s).) , 1, EARTH.�3h►C1C }%a proposal resent In significants YES MAYBE NO a Unstable earth conditions or in changes in geologic substructures? :........ ❑ ❑ (€9 . . . .. . ... . . Disruptions, displacements, compaction or overcovering of the soil? ...... : .......... . ❑ ❑ c. Change in topography or ground surface relief features? . , . ❑ p ... d. Destruction, covering or modification of any unhque geologic or physical features? , , , , . ❑ ❑ fel e, Increase in wand or water erosion of soils, either on or off site?.... :.:. ❑ CI . . . ...... . . . . ..: f, Changes In deposition or erosion of beach sands. or chanp,es In siltation, deposi#inn or erosion which may modify the channel of a river or s;rearr or the bed of the ocean or any 1)ay, inlet or lake? , ... , , .. 1— ❑ l� g'. Loss of prima agriculturally productive soils outside designated urban areas? ., .... ,..-, L"] h, Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure or similar hazards? . , , . , , , ❑ d ® C 2,1 AIR. Will the proposal result f.-, vostantial: a. Air emissions or t'l~rterloration of ambient air quality? , , ❑ El (31 .... , . .... ... , . , b, t"he creation of objectional odors, smoke or fumes?.. , . ❑ c, Alteration of air movement, moisture, or temperature, or any change in climate, locally or regionally?_... , . ............... ........... . �t ❑ 3. WATER. Will the, proposal result in substantial: a. Changes in currents, or the course or direction of water movements in either marine or fresh waters?'. , , , . , . . L7 b. Changes In absorption rates, drainage patterns, or the rate and amount of surface runoff?,, ❑ 0 9C c. Need for off-site surface drainage improvements, including vegetation removal, channelization or culvert installation? .. ,. � d. Alterations to the course or flow of flood waters? ...... . . . . ... : ❑ d ( ► . . . . . . . ... . ... . . . . . ... e Change in the #,Mount of surface water in any water body?_., ... ❑ 0 21 ..; .... .... . .... . .. t: dis0arge into surface waters, or in any alteration of surface water quality, Including but not limited to temperature, dissolved oxygen or turbidity? .. , ...; ... . ...... . . . . : . . . . .... g. Alteration of the direction or rate of flow of ground waters,? ... h, Change in the quantity or quality of ground waters, eitoer through direct additions or withdr4wais, or through Interception of an aq Y , L aquifer b cuts or excavations? . , ... , . , . ' d d 1. Reduction in the amount of water otherwise availaboa for public water supplies?..... , , , ❑ n j. Exposure of people or property to water related hazards such as flooding? , . ........ , . ❑ p 4, PLANT LIFE. Will the propr,sai result In substantial: a, Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? ........:.............................,.....,. ❑ 0 RJ b. Reduction of the numbers of any unique, rare or endangered species of plants? .. , , , .. , 0 ❑ � p, Introduction of 1`11w species of plantsInto an area, or In a barrier to the normal replenishment of a e�sting species? .... . ...... d.°Reduclior Ch acreary"e Of any agricultural erop'r., .. [j [� IV. : ENVIRONMENTAL IMPACTS (Explanations of all "YES" and "MAYBE' answers are required on attached sheet(s).) t. EARTH. Wllf the proposal result in significants YES MAYBE NL1' a. Unstable earth conditions or in changes in geologic substructures? .... . : . . . . . : ...... ❑ ❑ b. [disruptions, dk:placements, compaction or overcovering of the sof I? .. ; , . • , , ,'; , , , . , ❑ [] � � c. Change In topography or ground surface rellef features? ❑ 0 , .. .. , , d. Destruction, covering or modification of any unique geologic or physical features? ..... ❑ ❑ �. e, increase in Wind or water erosion of soils;, either on or off site? . .', , ❑ ❑ , , , , , , , , , ; , „ I. Changes in deposition or erosion of beach sands, or cFranges in siltation, deposition or erosion which may modify the channel of a river ar stream bed or the of the oceanor any bay, inlet or lake? ............... .., ...... .. . ❑ ❑ g. Loss of prime agriculturally productive soils outside designated urban areas? .. ; ; ,, , ❑ 5Q p , , , h, people property- ` geologic such as earthquakes, landslides, muds) tl s.ground failure or similar hazlards?hazards 2. Ails. Will tha proposal result in substantial: a. Air emissions, or deterioration of ambient air quality?__ r❑ . . . .... . .... . ❑ � b: The creation of objectional actors, smoke or fur'nes?. . , ... , , . , , , , , , , , , ,,, , , , , ❑ ❑ +c. Alteration of air movement, moisture, or temperature, or ar�y'change In climate, locally or regionally? ......... .... ❑ 3. WATER. Will the proposal resu'; :ahtial: a. Changes in current's, or the cc„ s r,V+ t rection of water movement's In either marine or fresh waters?.. ❑ 0' b. Changes in absorption rates, drainage patterns, orthe rate and arnount of surface runoff?, , 0 Cj iZ C c. Need for off-site surface drainage improvements, including vegetation removal, channelization or culvert installation? .. , , , , , , , ❑ ❑ f�1 d. Alterations to the course or flow of flood waters? .... , , , e.Change in the amount of surface Water n any water body? ,,, , 0 , , , , , , ,, , , „ , , , , , ❑ � f. Discharge into surface waters; or In any alteration of surface water quality, Including but not limited to temperature, dissolved oxygen or turbidity? , p d , , , . , , . g. Alteration of the direction or rate of flow of ground waters? , . , ,,,, , , , , , ❑ h. Change in the quantity or quality of ground waters„ either through direct additions or withdrawals, or; through Interception of an aquifer by cuts or excavations? , , ...,', . , , , , , ❑ ❑ ` r- I. Reduction in the amount of water otherwise available' for public water supplies? .. , , .. , , 0 D l 1 Exposure of people or property to water related hazards such as `Hooding? , . , , , . , , , ❑ 0 0 , , , , 4. PLANT LIFE Will the proposal result in substantial: ' a, Change in the diversity of species, or number of any species of plants (including trees, shrub-,, grass,' crops,' and aquatic plants)? I ; ,. I .... , , , ,, , ; , ,, , , , , 0 0 �1 b. Reduction of the numbers of any unique, rare or endangered species of plants? .. , , , , 0 ❑ ,, . c, introduction of', new species of plant° into an area, or In a barrier to the normal replenishment of existing species? ..... , , , , .', , ... , .. , ❑ ❑ f d, Reductlon In acreage of any agricultural crop?,. ,.,,,.,,,,,;,,,,,,,°.,,,, ,.,,,..,,,> M. 171 1XI t 5, AI! IMAL LIFE. Will the proposal result in substantial. YES, MAYBE NO a. Change in the diversity species, or numbers of any species of animals (buds, (and animals including reptiles, tush and shell fish, benthfc organisms or insects)? ' b, Reduction in the numbers of any unique, rare or endangered species of animals? . ;:... Cl ❑ ierto the migration o c cies of animals into an area, or result in a barrr mtroductiit of animals? ....................., ,..,..•> ❑ ❑ d. Deterioration to existing fish or wildlife habitat?..... ........ [ i 6. NOISE. Will the proposal result in substantial: a. increases in existing noise levels? ...... .. ❑ ❑ fx9 b. Exposure of people to severe noise levels? ...... • , ....1 , . +: «.............. . ..1.1:... ❑ ❑ 0 7. LIGHT AND GLARE. Will the p,..Nusal produce significant light and glare? .... , .1. 1, ..... ❑ ❑ VM &. LAND USE. Will the proposal result in a substantial alteration of the present or planned land use of an area? .. .......... .,•. .... ......... ❑ (� 9. NATURAL. RESOURCES. Will the proposal result in substantial: a. Increase in the rate of use of any natural resources? ..... • ...... • . , .... • . , ......... ❑ ❑ b. Depletion of any non-renewable natural resources? . , . b ❑ 10, RISK OF UPSET, Will the proposal involve: a.'A risk of explosion or release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions ? .. • • ❑' ❑ ' b, Possible interference with an emergency response plan or emergency evacuation plan?,, ❑ ❑ tib 11• POPULATION, Wil: the proposal alter location, distribution, density, or growth rate of the human population?' . .......... . , .. . ,1.. , ❑ ❑ 191 12. HOUSING, 1 Will the proposal affect existing housing or create a demand for additional housing ,ff............. 1..•.,.f...,,,,,.,,,....1.,,.,•1=......... �. . •1=•11 of ❑ 13. TR1ANSPORTATIONMIRCULA`iION. Will the proposal result in, a. Generation of substantial additional vehicle movement? ... , ...... ,1... • .. f .. , ........ , d ❑ b. Effects on existing parking facilities, or demand for new parking?, ,.1 . ......... .. . .. . . . ❑ ❑ t�7 c. Substantial Impact on existing transportation systems? .. , .: _ ..1.. _ ; : �' ❑ d, Significant alterations to present, patterns of �lrculation or movementof people and/or +f. ... • . , .... , , d ❑ � goods? e Alterations to waterborne, rail or air traffic?..:... ,.:.. i1 ❑ I. Increase in traffics hazards to motor vehicles, bicyclists of ljodestrlans? , . , .... , . • 1:.1.. _ . AWL r 14, PUBLIC SERVICES. Will the proposal have an effect, upon, or result in,a need for new or p paltered g®±ernn snt services: IVES MAYBE No ... a. Fire protection? ...... . .. ❑ ❑; b. Police protection? , ❑ ❑ I� ''C. c. Schools?. w............ 0 ❑ 9 d. Parks or other recreational facilities? ......... . ... . . . .. .:`.'„ .. , ; , : , . , .. , ,>. , .. , .:`... , .. 0 13 M e.'Maintenance of public facilities, including roads? : `: . , ..... : ,d L3 (M t'r f'. Other governmental services? . . , . , , , . , d CQ I P� 15. FNERCY, Will the proposal result In: a. Use of substantial a uriaunts of fuel or energy? ........ . .... . . .. . : . . .:.. ...: , , .. , ..... 0 ❑ fel b. Substantial Increase in demand upon existing sources of energy, or require the development of new sources of energy?.,....,.........,,...,,,,,.;,,e,..,,,,,..,.,. ❑ ❑ 16, 'UTILITIES. Will the proposal result n a need fornew syaferns, orsubstantial alterations to the following: a. Power or natural gas? . .. , .. .. ... , . ❑ ❑ ' CZ b. Communications systems?. .. .. .. , . , . .. , , ... , , .. , , .. , , .. ❑ M 1g1 c. Water availability? ........... . , , ... , ❑ ❑ ISL d. Sewer or septic system'? , , . , ... , ... .. .... , , ... ° Cl CI' e. Storm water drainage?. .. . ....... .. , . ... . ❑ f� it l I, Solid vyaste and disposal? . , . , .... . , , ... , .... ❑ Cl 17. HUMAN HEALTH, Will the proposal result in: - a. Creation of any health hazard or potential health hazard (excluding mental health)? ..., C7 ❑ frl b. Exposure of People to potential health hazards?................. .......... ........... C1 0 ) 18, AESTHETICS. Will the proposal result in the obstruction of anyscenict vista or view open to the public, or will the proposal result in the reation of an aesthetically offensive site open to public view? , . , .. , ... , 19, RECREATION, Will the proposal result in an irnpact upon the quality orquantity of existing recreational opportunities? , ... . . , ... , , ❑ ❑ 20, CULTURAL RESOURCES. - a, Will the, proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? ........................ I ... I,........... ,.... b, Will the proposal result in adverse physical oraesthetic effects to:,a prehistoric or historic building, structure or object? .... ........... —.............. ,.,.,,Y............ ,,,,.. ❑ ❑ c, Does the proposal have thepotentiai to cause aphysical change which would affect unique ethnic cultural values'..,.,... , .............. . �i ❑ �f A Will the proposal restrict existing religious or sacred uses within the potential Impact Al aa? .;.,..............»..,.... ,.. ...,.... .,.,,,,.,.. ,, 1,4. PUBLIC SERVICESi.. Will the proposal have an effect upon, or result in a need for new or ;. altered government services: YES MAYBE'NO ... ❑ ❑ a. Fire protection? ❑ ❑ b. Police protection? ....... • • • ' " .. c. Schools?......:............, d. Parks or other recreational facilities? • . • • • � ❑ public facilities, including roads? .. • C] ❑ e. Maintenance of I. Other governmental services? ....................................... , .... , . . , 15. ENERGY. Will the proposal result in: a. Use of substantial amounts of fuel or energy? .. , F ....... .... ❑ ❑ b. Substantial increase In demand upon existing sources of energy, or require the O � development of new sources of energy? . • • • • • • • © 36, UTILITIES. Will theproposal resultin a need for new systems, or substantial alterationgto the following; ❑ a. Power or natural gas? • , . • , . ... ❑ ❑ b, Communications systems? . ... .. ... . , .... .... •. • • .. . • .. U ❑ c. Water availability? ............... .. .. .. , .. .. ❑ ❑ I81 d. Sewer or septic system? ....... , , ...... , . ❑ ❑ l81 e. Storm water drainage?. . , ..... ... .... , .... .. I. Solid waste and disposals 17. HUMAN HEALTH. Will the proposal result in: health hazard or potential health hazard (excluding mental health)? .... ❑ ❑ a, Creation of any b. Exposure of people to potential health hazards? ...................... ❑ AESTHETICS. I,NiiI the proposal osal result In the obstruction of any scenic vista or view open to 18. AESTdi p P the public, or will the proposal result in the creation of an aesthetically offensive site open to public view?. .. • . , , „ . .... , 19. RECREATION. Will thep rop osal result in an impact upon the quality or quantity of existing CI recreational opportunities?....................................:................. , 20, CULTURAL RESOURCES, s prehistoric or historic WIII the proposal result in the alteration of or the destruction of a 0 � � a. archaeological site?` .. , , .. .. . b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic ❑ ❑ building, structure or object? ...., ... •. .. .' `''..... ' c. Dues the proposal have the potential to causrs a physicat change which would affect unique i ethnic cultural 'values? ,...,:',...... .,...................................... ..... . d, Will the proposal restrict existing religious or sacred uses within the potential impact area?..,...,...,•.,.....a.......,;..,..,..';.....,. I DISCUSSION OF ENVIRONMENTAL EVAr,UATION AP # 21-15-113 1b,3b This project would'create a .9 acre parcel ;and e4 7.12 acre parcel. There is already a house on the 7.1.2 acre parcel.This proposal would allow the construction of 1 addi'tiona:l; single family dwelling and accessory bi; ".ldings This couldrepresent up to '5,og0 square feet of bvercovering of soil. Compaction of the 'soil will re.su.Tt from driveways and the construction of the house. This will result in reduced absorption capabilities of the soil and possible increased surface runoff. 1g,4c The property is only under partial. cultivation, The creation of a .9 acre homesite will remove that iparcel from any future agricultural use and will create a ' conflict with existing agricultural uses to the north and future agricultural uses on the remaining 7.12 acre parcel., These ,conflicts may include spraying, dust, and noise. This project does not reduce the acreeige of any crop just the potential for future crops. lhs All of Butte County is located in a moderate earthquake intensity Zone viii. There are no known faults in this area. Structures constructed: to building codes will provide adequate seismic protection. 8's The Butte County General Plan Land Use Element designates this area as Orchard and Field Crop. The primary uses are: cultivation, harvest, storage, processing sale and distribution of all plant crops, especially annual food crops. The minimum parcel size compatible with this designation is 5 acres. TEe: creation. of a 9 acre parcel is not compatible with the planned land use for the area. The actual lana use for the area consists of a mixture of agricultural and residential uses, Where are 10 parcels less than 1.5 acres within 1/4 mile of this project. The average parcel size within 1/,4 mile is 6.6 acres. 14a " b,e, ' fEach new house,away from an urban center represents`a need for increased 'emergency and governmental. -services . Lewis Oak is a substandard road that barely allows two-way traffic. Each new dwelling represents; approximately 10 ,additional vehicle trips per day over this road 17777 .11 Appiicant: A Chris :M,. Dewsnup Asses soris Parcel 0 21-16-113 Log # 89-01-23--02 bit'n SHEE`3' A4 Project DescrIT)tion I. Type of Project: Variance to minimurn parcel size, 2. Brief Lies :r� p'tions Variance to allow the crea-bion of a - 9 acre parcel in an A-40 cone. 3. Location: oq the east side of Lewis oak Road, approximately 1300 feet south ' of "west < .Liberty Road, Gridley. - 4. Proposed Density of Development: 1 dwelling unit per 4 S. acres. Amount of impervious Surfacing:Less than. 15%. 6. Access ank! Nearest Public- Roald (s) : Parcels front on Lewis oak Road: 7. Method of 5e,wage Disposal; Ind viduzwl septic tank and leachfield :5ystean 8. Supply: well. 9 , • cent along Le`ris oak Road . Proximity ity of Power Lines :InAd Adjacent 10. Potential for further land divisions and development: None under, the A-40 zoning. B. Enviroramental Setting Physical Environment. 1.. Terrain a. General TopOgl7aphic Character: Level. b. Slopes: 0-2%, c. Elevation:, 35 ft. A.S.L. d. Lim ting Factors, None 2. Soils a. Types and Characteristics: Gridley Clay loam, high water holding capacity, poor _subdrainage, moderate in organic matter. b. Limiting Factor_�sr Subsurfaces drainage. 3. Natui al Hazards of the Land a. Earthquake Zone; Moderate earthquake intensity Zone VIII. b. Erosion Potential: Moae. C,. Landslide Potential: None, moderate l quofaction potential.. d.. Fire Hazard: uriclassiiied/ e« Expaixsive Soil Potential;' Moderate. 4. Hydrology a. Surface _Water: None. b. Ground Wa,i-er: Area of high groundwater- removal. ,,,6� 77 C. Drainage Cll aracterlstics Suh8uruface dra Y. age restricted. c1. Annual Rainfall (normal) : '20-2211 per year. e. Limiting Factors- Subsurface drainage. 5. Visual./Scenic Quality, � Good. 6, 7. Acoustic Quality: Goad. A.ir Quality: Fair-good, the entire valley floor is subject I- periods of high particulate matter. and poor air quality. Biological Environment: 8. Vegetation: � � grasses, tus 9. Wildlife Habitat: The areadoesCnotpr.epresent.signi ficaa-t xaildlife babitat. Cultural Environment: 10. Archaeologica_l. and Historical Resources in the area: Low sensitivity. 11. Butte County General. Plan designation: orchard and Field Crop. 12. Existingzoning: ng: A-nU. 13. Existing Land Use on-site: Fejoias', fallow Land. 14, Surrounding Area: a. Land Uses: Prune crchard,,y. b. zoning: A-40. c. Gen. Plan Designation: Orchard and Field Crop. d. Parcel Sizes: 1/2 acre to 20 arse,, 6.6 acre average. e. Population: Rural. 15. Character of Site and Area: Mixture of agricultural and rural residential. 16.: Nearest Urban Area: City of Gr Gley . 17. RelevantSpheres of Tnflu,ence N/A, 18. Improvements Standards Urban Area: ,.�. 19. Fire' Protection Service: a. Nearest County (State) Fi-re Station: Station 74, Gridley, 3.5 miles. b. Water Availability: Tanker truck only. 20. Schools in Area: Gridley Union Elementary, �„nd Nigh Schools. -7- Ilia, •� ". '_ LAhJQ 0 INAT'URAI WEALTH�AND �E�UTY PLANNING COMMISSIOiV 7 COUNTY CENTER DRIV5 - OROVILLE, CALIFORNIA 9576.5-3,197 PHONEt 538.7601 Chris Dewsnup December 121 19 8 8 P.C. Box 987 Gridley, :'A 95948 RLQ VARIANCE; AP421-16-113 Dear. Mr. Dewsnup: We received your pre -application review request for the subject, VARIANCE . Butte County Public Works and EnvironmentalHealth have received the information you submitted. The Planning Department will. consider this application complete only after vie have assurances fro,, -n the above departments that the project complies with appropriate ordinances acid any conditions imposed, can be met. It is the applicant t responsibility to pa Ovide any additional information needed by Public Works or EnvironmentalHealth to meet their requirements'. Public Works may be contacted by telephone at 538-7266 and Environmental 14ea.'_th at 538-'7281 for further information as to their evaluation of the proposal. and their requirements The Planning Department staff will also be reviewing the application for any special conditions or. modifications Lhat are appropriate. Should you have, any questions about the pre -application review, please contact this office. SincPr.�J1y L.A. KIRCHER Director of planning Craig Sanders - Planning Technician CS::jmc lic SrT !y �r ern.. ^T rr On �,.-r,. y,��.".o�-�N rr . ID T .,Counts Public IWorl s z��s TrgzCIE r A11TA� E:= __State Water Resources Department Count; Fnuiro=ental Health C ity of Biggs �7 U.S. Forest Service U.S. Bus: eau of Land Management `Lty of Ghico ity_of Gridley Butte County Mining committee City, of Orovi? le Statr, Department of Fish ,& Game Town of Paradise Cali tornia Native Plant ;Society Planning Department Sta,..e Div. Forestry - attention' State Transportation Department Craig Carter Regional Water Qgal. Con-rol Bd. . _ State Reclamation Board nomm;--TTC Butte Water District s r -I California dater Service Co. Richvale :unitary 'District Del Oro Water CO. North Burbank Pub. Util. Dist:. OWIDSkansen Sub. (CSA lilt-'21) Thermalito Irrigation District .� Stirling City. Sewer Maint. Disw Other Thermalito Irrigation District ._ ( CSA # 2 6 ) T=j:T =x=- s�F.zz� ggs-W r ey PG&E North (Chico) GdlWater D istrict PG&E South (Tarysville) Butte Water District Durham Irrigation District Pacific Bell, — OWID State T11 Cable Viacom TV Cable Paradise irrigation District . ' Richvale irrigation District. Table Mountain Irrigation Dist. _�3rFC=car Thermalito Irrigation District El Madica Fire. Protection Dist. County Fire-Department/CDD Durham,Oroville Or Butte County T�.��LAi�SA'T7=f)N D�S�F2=CT; �QT...=C� PROT�'CTZG�7 tate Highway Patrol." Co.1nty Sheriff SCkiC7OL. ?3=S73ic C' COMl�1[7CT"C��ES/CPN04:r;3SSC T48 h co Arca h creation District Paradiae Pines Architectural. Durham area Rec. & Park Dist Control Committee . .Feat her River, Rec. & Pal,.rx Dist. . Butte County Farm Bureau Paradise Rec. & Dark Dist. Community Association Richvale. Rec,, & Park Dist. State Parks & Reci Depti. ---�- 2 L M, r -�Y .40 11wrr r! 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R, BK. 6, !PG 58 MAR, PG 1951 RE i/A/V, 1960 1 wpm COUNTY OF BUTTE 'OFFICE OF PLANNING COMMISSION COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95985.3997 � AP#-21-16--113 ar ' +f o.�a,;�,« M. Dewsnup IIxAL r� °�A�rlk x,µad W 1208 Larkin Road y Grid1 CA 95948 d tcrr�,�k �17C . ;. :.:.___. �... -.——e��..rirre��e.il►ar �ruf�ter/itle�ratuii�iellolefllfi(fl�i