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HomeMy WebLinkAbout022-100-016I MCMiTIIMA 04 M-i#'E ASICIli;I3 # 9r -i 94-21 PROJECT TITH: Use Permit �� ifnria�i�e 1 APPLIG i T: — Melva Bayles [�[ P.O. BOX_ qinB1ggs I ADDRESS: _ CA 95917 rC;?nRESE,KLIM E: Richard R. Roper ADDRESS: P.O. Bax 885 Chico, Q 05927 PROJECT D SC)ZIPTION: Use Permit to allow a hoatesi.te segregation and Variance to tTle �rcctn lot size to allow a 2.161 homesite segreSation and variance to the building setback requirements - ON PROPERTY ZONED: A -i0 LOCATED: On the south side of II S Rill% Bonito Rd. approx.900 ft. west_ of Hwy. 99, Biggs, CA _AP %T s; 02 -i ti0-q G TOWN/AREA.Biggs GENERAL PLAN DESIGNATION Orchard « Field Crops L Application Complete: 3/14/94 Amount: $1258-00 ' Receit�t - 1409 ; 2. Comments sent to: RVi,I;II,City Of Biggs, PG&E-South,BC Mosq. Abate. Dist., Saeriff,Reg. Tr#rt�x C�o.i�ejCt3 21., Qual. Contr., 3. Comments received from: k u . 4. Rezone Petition Signasums Checked: - 5. Mailing List/Lead—In Shec;: March 15,_ 1994 & Assigned To: ' ^� 7. Env ronmental Determination: +CategaricaI Exe�i,iion - GENA# =- Bute Clearinghouse No.: — �eaaflve ilPct,amti0n -� Mitigated' Negative Declaration , Subject to Fish & Ca: : ,Environmental Impact Report Oeneral Rule Exception - CEQA#15061,.(b)(3) Other 1 8. Staff Report. Project Video: l r learinzheuse Circulation sequined? Yes Flo Date Sent to SCH, i0_ Publication Notice vVriBien: Display Ad Prepared: IL Notices hnailed:Num�r of �Ir�ti�: 18 12, Newspaper Publication Date: p C P H R 13. Planning Commission H'eaim(s): '7 �f��� � � Iff � � !�7 t � — i Action Taken: Special ConiittioII6: `ommissioB ResoIntion No. A. hoard of Supervisors' weanng(s): Action Taken Board Resolution I+?o.: Ordinance No.: Adopted: is. Type Use Permit/Send for Signature: --- 4'6, NOEINODfAPPEND X 43 Fish & Game Fees Paid: Yes No min 17 Send validated Use Permit: 18. Assessor's Memo: Copy of UP/VA-R. to Plauning Technician, i IteM ( determined to be a General Rule Exemption rei�arrtin environi1ne.-ital impacts) se P rmit to allow a harries to segregation and to the Maximum lot size to allow a 2.16 acre homesite? se g building setback requirements an 2. r segregation and to the • , . property zoned �1-� (Agricultural � q�0 �-�crt3 parcels) located on the south side Of Rio`Bonito Rnad approximatel 9 Of Highway 99, identified as AP 022-100-016, Biggs. (rantinued o OD feet west July '14, '1994) pen hearing from Mr. Hogai7 submitted rev( thy, c,ld map to segregate 2.0 acres an , d eliminate the need for the Variances into .the record; He Bald staff recommends segregation and denial without prejudice of the Variances. approval of the 2.0 sere Commissioner Lynch asked if staff was satisfied the new ma i p was acceptable? Mr. Mogan said this is correct.' iJ The hearing was opened to � p the public. Chick Roper, Roper Associates, said t{dereis no longer a concern system because of the configuration of the new map. He discussed regarding the septic for access purposes. 0 foot easement The hearing was closed. It was Moved b • y Cor � rmissitlner lynch, seconded b� Commissioner ase er-t unanimously carried to approve the Use Permit for 2.0 acres and :den the g , and without prejudice as shown on the revised map presented 2.0 ' 2?, 1X04 as follows: Y Variances p d tb tl"le' ConlmiSSIQC7 dated July Section 1: Environmental Findings. A, Th e project is not subject to environmental review Linder CE Rule Exemption and i�A'as par the General Section 2 zoning Ordinance Findings, A. The proposed use of the pr iae ; zone in which the land lies and r(the, thi��useh� integrity and character cf the incompatible with or, injurious to surror, *mould not be unrea =onably a ending propetty or rietrirnenxal to the health, or to the general health the persons residing or working in the nee b safety and general welfare Caf h o ea welfare and safety of tl7e County, and g bd Bahere li #are no special circumstances applicable to the w' Privileges i o Chaptter 24 of the Butte noun Ged� property, that strict ,p rivilenjoyed b, Cather propivtte in the vicine and deprive the property of classification, and vicinity under identical ;parting } "ection 3: Action: A. Subject to the finding, -3 indicated in Sections 1 and 2 of this rep(aI1i, approve the Use hermit for 2.,0 acre homesite and deny the Variance, withOutprejudice, for Melva Bayles on 1UWAl*'2.1©0-016. Approval shall be subject to the following conditions: B, Conditions of Approval: 1. Parcels are to be created pursuant to Chapter 2+0 of the Butte County Codd and the State Subdivision Map ,pct. 2. Prior to 'the division being effective, the owner or owners of the property included in the a;:))proved development shall execute and cause to be recorded in the Of fir a of the Recorder of Butt; County., a restriction binding; r disallows additional dwellings frorn beinglocal � ' upon the original owners wind (heir heirs successors and assigns,: which ; orsthe agricultural segrega ton parcel, ed on the agricultural property 3• The Use Permit and coveriant shall be in force for a minimum of 10 years from the time of recording of the covenant and will continue until the applicant applies for termination or partial termination thereof. 4. Applicatic)ns for termination or partial termination shall be considered in the same manner as applications for Use Permits, pursuant to Sections 24-43 through 124-48 taf the Butte County Code. The Planning Commission options for action on such an application aro,: A• Terminate or parOr'alliy terminate the covenar�'r and remove conditions from the Use Pertnit.. Appllc,,O ions for termination or partial termination to, be c1000rmpanied by the fee- set by Resolution of the Board of y Supervisors to be deposited in the CountGeneral encral l=s.lnd,' no part of which shall be returned to the. applicant. 8 Ex9tiend the covenant for a period not to exceed ten (10) years C. Consider th>~ area. for a change in des' i _ � eat, on from g rn �3rchard si�d Field Crops to a non-agricultural ;designation under the 08neral Plan. 6. The Use Permit and covenant shall be in forr�e for the agreed-upon time unless the General P!l`in is amended and thero e p p rty in question is no loner designated agricultural. If this should occur, the applicant may appry for termination dt the covenant. Ml' itl1FN1' "+lllflf�liiW'irGrhiifiir'" M iu: ....i;L_., .. i _ a - 1n. X i qW 6. It shall be the duty, of the seller or his agent to inform any y possible buyer or his tagent of the existence of the covenant and of its terms. 7. Meet the requirements of the Butte County Environmental health Department, specifically, all septic systems Must be on the same lot as the hurne they, serve. 8. At the time the Parcel Map is submitted, the parcels shall be reconfigured so that the homesite parcel does not exceed 2.00 acres in size, 9. At, the time the Parcel Map is submitted, the parcels shall be reconfigured to contain beth the primary dwelling and the second divvelling on the homesite parcel and meet all setback requirements. 10, Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations Note: Minor ohanges may be approved administratively by the Director of Development Services, or, designee, upon receipt of a substantiated written request by the applicant. Prior to such approval, verification shall be made by each department or DMsion1that the modification is consistent with the application, fees paid, and environmental determination as conditionally i approved., Changes deemed to be major of significant in nature shall require a formal application for amendment, Melva Bayles (Item detovmined to be a. General Rule Exemption regarding environmental impacts) Use permit to allow a homesite segregation and ka-nc to the maximurn lot size to allow a 2.10 homesite segregation and to the building ,setback requirements on property zoned A-40 (Agricultural 40 acre parcels) located on the south side of Rio Bonito road, approximately 900 feet west of Highway :99, identified as AF' 022-100-015, Biggs. (ViDEO) ,ThMr. Hogan Commission e a brief, dehe scription: tiornlg of of the Soo Report. A video was. shown of the site.. p. project, Chairman Lambert asked if there is an occupied mobile for an agricultural worker and a mobile unused except for storage on the property? Mr. Hogan said-yes• He said staff has received a request from the neighbor for a continuance. lie said staff is recommending denial of the two variance requests. He said the agricultural segregation is allowed for one or two acres and a request for a variance on the lot size is not a legal variance. Secondly, the variance for creating a property line and setbacks is not reasonable. He said you do not create a properby line to create a situation where a variance will be needed. He did not feew the Commission could make the legal findings required to approve these variance, requests. He said staff is recommending' approval of the Segregation which would require a modification of the boundary line. He said staff is concerned about the issuance of any variance and feel' that it should be a unique situation. Commissioner Lynch asked if staff was proposing a modification of the lot line to split the difference between 'the loath house with the existing well and the agricultural worker housing unit? { Mr. Hogan said staff can work with the applicant so a variance would not be necessary i; and keep all improvements for the house on the parcel with the house. He said the agricultural worker dwelling would remain on the agricultural parcel. He said the Commission could not make findings to go over the 1two acre rmaximum. The hearing was opened to the public, Richard Leland said he has reviewed the staff recommendation and the, will modify the boundary line to eliminate the need for a variance. He said the applicant agrees with the conditions. He said the occupied mobile home is not approved as an agricultural workers' dwelling, but is a grandfathered use as a second dwelling, He said this proposal should not affect the neighbor as there will be nophysical change to the properly, He said the occupied mobile=, is legalized in 'this zoning use by virtue of it being a grandfathered second dwelling. He said there is the freedom as a grandfathered use to expand the homeand to keep it as a segregated single family residence. Eil' 1�'E.A�IIE' G�Mi�6 U#SSIONMINUTES - JULY' 141,11P4 d Mr Hogan stated that if a nonconforming status, grand%thered use, is there and they put In a conforming use, the nonconforming use is elimin6ted. lie said this is agricultural ,housing and they do not have the right to construct n dwelling. He said the nonconforming use of the structure is no longer _grandfathered, it is a conforming use. He said whether the Use Permit is approved or der:red this is farm labor housing and not a second dwelling. Commissioner Lynch said the request for continuance is because of utility lines running across the neighbors property to this site. lie said the request is to relovite the power lines onto the property it serves. Mr. Leland said there is a PG&E easemer t adjacent to the driveway and into the neighbors property. He said this problem does not pertain to this hearing and will not change the use of the property. He requested this project be approved today. Dick Roper, Engineer, said if the applicant changes the configuration of the parcels they have to take into consideration the septic system and leachfields. He said the septi; systeml and leachfields have to be kept on the property with the main _dwelling, He said the reaN problem to re -configuring this property is the leachfields. Commissioner Nelson said this is not a hardship, but a self-imposed problem. Mr. Roper said if the applicant has to take the one property line further south, they will have to move the Past property litre closer, to the main structure. Mr. Hogan said what the Commission is trying to indicate is that the regulations in the Code say two acres muXlmum and a variance is not legal as to lot size. Commissioner Lynch said, as he understands it, the agricultural housing and storage mobile will remain on the agricultural portion of the land. Mr. Hoc ;an said that staff would not have a problem with the farm workers dwelling and the storage mobile on the same property with the main dwelling. Chairman Lambert asked if the one dwelling is for an agricultural worker, is there a requirement on the amount of earnings from the property? Mr. Hogan answered the State says that the farm worker does not have to be working on the site, but has to be working in the agricultural industry. He said he would send a copy to the Commission of the State law, He suggested the Commission add clarification to the conditions to say "the occupied mobile home shall be used only for farm labor housing and the mobile: home used for storage will only be ussd for storage. Mr. Roper c,re thaner said if the agricuilural worker housing is combined with the hornesite, they v,If l the two acre maximum according to the He' aith Department. what Hois gan required the Health Departmeot requirements for additional recovery area beyond Mr. Hr� an s r � q. q lr•ed fog the septic system is a haai�;n re �,irement and does not override over the zoning requirements ,and is not a reason for _going _beyond the two acre requirement, el l'ii'i COU,N y $iV GCOM l l;Il d l.� � Yr',' '��,� i fl Pdrnnnissioner Lynch said if th,e sire is reduced nerds a new site plan before ion the hornesite parcel the aAlara ging this project, Commission Fred Gerst said agricultural segregations have Committed in regards to the segregati , rihaJ e been discus turd Element. He said t an he agricultural ,Spraying affects e adjoining ar�rycU(turaf Land beta spryrrig,e said rf you segregate oils one or two acres, agricultural us a Ofthe setbacks required setback then there is a 1s��?, foot setback for spraying on the remaining agricultural property He said there is no problem when the properties remain 1 ,when this agricultural property is sold... said one of the conditions for approving a segregationin un{der tt�e same for agriCult•ural use. He said #n of all cases J,ownership, He the agric�ultpral operation off is t[� "'nc�t reduce the of agricultural segregation,- t will affect he remaining !arid. is that agar said that one of the proposed recommendations agricultural segregations could be handled with I e ' at the Agricultural Committee with life estates: it was rno�'P-d by Commissioner Nelson, seconde i unanimously carriert to continue this bearing to August staff look at �e Problems with d by Comtrtissioner, Cynch, and. ' 11, 1994 at 9:00 a.m. and to have spraying setbacks, Cou i r, yp �•� fit d ' N l lr' . ; I «,,. '"nl' �MII'Y'��+Wii � l�L t fi III i A. GE11IC�A 6Bc AGENDA REPORT �"�; Honorable Chair and Planning COM missi,: n Barry K. Hogan, Planning Manager DATE: Juni: 14, 1994 1 REQUEST: Use Permit and Variarac;e for MeIv Iqo esete searer ation: A reque or a Use44 t�Permit to -------_. 0_ crp oi�6 far a 2.16 acre homesite in an A-40 zone. Also a allow the segregation of side and varCance: to the side and setback. ai lance to the maximum parcel ' Y side of Rio Bonito Fuad The property is locate . � a,gprox�mately 90.0' west It�f Highway � d on the south area g Y 9,q, in the Biggs RgLATED ITEMS None P+C3f?,, Planning Commission Meering of Jul .._._, 1'' 74, 7994 ABS7"F3.A:CT This is a standard app4ca#ion for an a� l i7omesiie from a 50.x.5 acre parcel. The applicant is also r gncuestin segregation of a 2 maximum acre parcel size and variance to the side yard setback requirements a General Pian. designation of Orchard egUesting a variance to the maxirrlum I gaff recommends approval of the Use Permit Field Crops, which are consistent tent w'arcel is oned A��40 with application was submitted prior to thePinterim,agricuPturai rote ith this request. ►� conditions, and denial of the Variance, This permitted under the requirements of the agricultural protection protection ordinance, but is also ordinance. PROJECT CHAR)%C`i'ERISTIC This is currently a 53. a rotation crop. The parcel also contains one single family acre parcel planted in prune and storage (disconnected from facilities) and one mobile home Y ing, se mobile home used far ecr County ode allows for the segregation of one existin as a second residence, Butte quest is to allow for a 2. 16 acre parcel to be segregated thus prompting site on a 1-2 �parcel. This... for a variance to maximum parcel size: There is a le housing an agricultural wartier, and a storage unit is # gal second dwelling the request mobile units to remain on the 50,85 acre agricultural pan y is for, t home) property, The request is for, two parcel. Butte County De a -- p rtma1lt af� beveloome,-at Services - Planning 9 Division � ¢�iu�irrrvu� ,' Ask 4 AGENDA II6M PRC) JECT AND SURROUNDING ZONING GENERAL PLAN DESIGNATION. AND E;XIS_ TING LANIQ USE: Direollon zoning General Plan Existing Land Use, ` g PaLE) Ct: A-40 Orchard & .Meld Craps. Orchards, Residential North: A -40O rchard & Field Crops Orchards, Residential .Souk: A-40 Orchard & Field Crops Orchards, Residential East: A-40 Orchard & Field Crops Orchards, Residential West: SR -1 Ag -Residential Orchards, Residential .ANALYSIS. Due to the location of structures and other residential improvernents, the applicant requests the 2.16 acre parcel as the smallest area possible for segregation. Staff recommends the parcels be reconfigured to reduce the area to conform to the law requiring a mw;imum 2 acre segregation. The proposed 60' easement could be reduced by 0.16 acres to achieve the required 2 ,acre maximum. A variance process Tor a lot size greater than 2 acres is not a legal variance and would require a change to the law. The A-40 zone requires 26' setback areas for side and rear yards. The proposed sideyard setbacks for the second dwelling are 17.68' and 5.04' creating a potential setback violation of 7.32' and 19:06'. The storage unit meets the setback requirements. Staff recommends that both residential units remainon the same parcel, thus voiding the need for ar sideyard variance. Upon approval of the Use Permit, a parcel map must be approved to legally create; the parcels. Prior to the division being effective, the owner or owners of the property included in the approved development plan shall execute and cause to be recorded on the Office; of the 3utte County Recorder, a covenant binding upon the original owners and their heirs, successors and assigns, which disallows additional dwellings from being located on the agricultural property or the agricultural segregation parcel. The segregation of a homesite in the agricultural zone must meet certain criteria established in the Butte County Code. The main criteria are;; 1. The applicant must have resided upon and farmed the subject property, a minimum of 10 continuous years immediately prior to the application. Butte County Department of Development Services Planning Divislort � 2 AGENDA ITEM The existing parcel must meet the area requirements of the zone. The proposed segregation will not reduce the capabilities for agricultural use of the non- home parcel and surrounding parcels. �.� The proposed segregated parcel must meet the requirements of 'Butte County Environmental Health DepartrnEmt for sewage disposal and water supply. 5, The proposed segregation is consistent with thei policies of the Butte Count( General Plan because of the covenant required in Code Section 24-54(d) 6. The eAsting home parcel being segregated is not less than one acre and not more than two acres, or the minimum lot.. area allowed by the Environmental Health Department, whichever is greatcor, j This application appears; to meet all the criteria established for a homesite segregation except ' for lot size and setbacks, as noted. When considering a variance request, the Planning Commission must determine whether strict application of the zoning code deprives, the property of privileges enjoyed by surrounding ;properties in the vicinity and under identical zoning classification. Variance from the terms of the zoning ordinance should be granted only 'when, because of special circumstances applicable to the property including size, shape, topography, location or surroundings, the property is discriminated against by a given requirement of the ordinance. In addition, State law requires that any variance granted shall be subject to such conditions as will assure that the I' adjusl`.ment thereby authorized will not constitute a granting of special privileges inconsistent with the limitations upon other properties in the vicinity and _zone in which such property is .,,ated. Since the parcels can be reconfigured to make the variance requests unnecessary, �A :. -n,�;,`e is no need to find the special circumstances. ti The icant ation of then mfaxirr ummeets parcel s size, With a and reconfigurat or, to reduce 0,16 acres with the exception acres from the homesite parcel, and adding the second dwelling to the homsrsite parcel, this project can be approved. ENVIRONMENTAL DOCUMENTATION: This1 ro'e,t appears to be exem°� t from CEQA review � P pp r� under Section 15061 (3), the General Rule Exemption, which states: j "CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that a' the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. tY A p 9 ® [putt© Caun Department of Development Services - C'lanrtin Division AGENDA OTEPA PUBLIC NOTICE ANIS COMM, ENTS: This application requires that a public hearing be advertised and held. Prior to the public hearing, notices are mailed to all property owners within a 300 foot radius of the subject property, but not less than 10 parcels. RECCMMENDAT'IOU: Staff recommends that the Commission approve the application for hiomesiie segregation and denial of the variance ,requests on AP#022-100-016, subjectto the following findings and conditions. Section 1: EnlAronmentwr Findings. A, The project' is not subject to environmental review under CEQA as per the general rale exernoon; and Section 2 zoning ordinance Findings. A,, The proposed use of the property will not impair the integrity and character of the � zone in which the land lies and that the use would not be unreasonably incompatible with or injurious to surrounding property or detrimental to the health, safety and general welfare of the persons residing or working; in the neighborhood or to the general health, welters and safety of the County; and B. There are no special circumstances applicable tothe property, ti'iat strict application of Chapter 24 of the, Bunce County Code would deprive the property of privileges enjoyed by other property in the vicinity and under identical zoning classification, and Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this report, approve the Use Permit and deny the Variance for Melva Bayles on AP#022-100-016 to allow the segregation of a 2.16 acre hornesite. Approval shall be subject to the following. conditions: B: Conditions of Approval-, I. Parcels` are to be created pursuant to Chapter 20 of the B `e County Code and the State Subdivision Map Act, 2. Prior to the division being effective, the owner or owners of the property included in the approved development shall execute and cause to be recorded in; the Office of the Recorder of Butte County, , a restriction Butte Govn4r Department of Development Services Planning Dlvlslon 4 j t h�1Cs�uGl onth�� ted and the\ e\n \oGa Ks b a °\�+ \ ° p%ngs�Co �a�Ge\. 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The application for the use permit shall include a proposed plan of development and use for the entire area of existing parcels, under the same or related ownership, containing the site of one or more existing or proposed. dwellings. The Planning Commission may grant such a use permit only, after finding in addition to the findings required by section 24-41, that all the following conditions (1-6) are met: (1) The parcel to be created is to allow an owner who, for e minimum of ten (10) continuous, years immediately prior to application, has resided upon and farmed the subject property, ,to retain the existing home and continue the remaining acreage in agricultural use. (2) The existing Parcel (s) shown on the Plan together meet the parcel area requirements of the zone. If there are i contiguous parcels under related ownership only enough parcels must be included in the plan to meet t1ku acreage requirements of the existing zone. (3) The proposed segregation will not reduce the capabilities for agricultural use of the non --home parcel and surrounding properties. (4) The proposed segregated parcel meets the requirements of the County Health Department for sewage disposal and water supply. I (5) The proposed segregation is consistent with the policies of the Butte County General Plan because of the covenant required in section 24-54(d) (6 ) The exist;,ngg home parcel, being segregated is not less tb/3A one (1) acre and not more than two (2) acres or the minimum lot area allowed by the County Health Department, whichever is greater. PLEASE SUPPLY THE FOLL0'7xNG 19FORMATION,,,ABOUT YOUR PROPOSED, HOMES1TE SEGREGATION: 1. W1 It is the total area din acres) of all parcels under the same or related ownership covered by the development plan? +_ �� � „i. , .. ,-...�..., _._.._. ..,.....,..•_,�w...o�.r.T,_��Mlw,,...7nne.n.mw r 1 -2- --continued- --continued-2. 2. What agrirultural use(s) is/are conducted on the parcel(s) shown on the development pJ_an, and surrounding f properties?_ PIwiics 3., What are the reasons for this segregation of a homesite? (check the appropriate reason(s) occupancy of homesite; (please explain) ownership of property (please explain) organizational structure of the farm business (Please explain) financing requirements retirement planning similar circumstances (please explain) ” Signature caf_ APP:7Licarxit/Owner a AOL r� APPLICATION PES 11Plarinctg,aj�art>ent u- cc�u 1, T_Y P,LANNi'G 6C��>1rSi,89ION MAR 14 1994 1' APPLICANT: Read and follow Instructions as set tooth on attached sheet. 0170010, California Applicant's name MELVA BALES Phone No.868- 54 71 i applicant's mailing address ^ F. 0. BOX 536 BIGGS CA 95917 j ` Applicant's interest in property (Owner, 'essae, other)_ 0WNERR ' r,bner's name and address .�... _... ..rte_ r„ nlact person for project aii other than appilcantj RICHAIRD R. ROPER { P.O. BOX 885, CHICO, CA 95927. 342-2059 :^ essor'e parcel numbar(al 22-10-16 Present zoning AGRICULTURE 4 -,r ellen and size of paraeltie at 2. 1, Acs . ppp, !N"t address 69 14. BIGGS RIO SONI'r_O ROAD, BZGGS, CA i7 re tions for travel to propefly (rural and mountainous areas Description of proposed deyieidpment and use __ AGRICULTURAL AND RESIDENTIALdescription, of existing land use AGRICULTURAL AND RESIDENTIAL Proposed scheduling/assccaied projects AT ONCEIDIONE Ant'rcipAted incremerAw dsWopment_:N/A _ c �.- Budding construction (slate.dimensIons, s,4uare footage and materiels used) 9,600 SQ,. ET . FRAME BARN ittw a. Existing buildings 7, 00`0 s'Q. FT. FRAME DWELLING 840SO• T_T FRAM- 13AT.EL,_HOUSE CL b. Proposed bulld{sgs NONE Hazardous materials to be used (inflammalyles, expiaswes ur strong chemicals)__ N/A ?)aily hours o operation Nip, plumber of employees N/A Number of off-street )larking spaces provided NSA Existing ' 1prvpased sewage disposal method. EXISTING SEPTIC SYSTEM ProximEty of power and phare lines: EXISTING ON SITE ` Distance to naturat water course; or storm drain: 1/4 4 MILE TO HAMILTON SLOUGH Anticipated on and off-site drainage improvements. NONE .,'Vater source:.. EXISTING WELL Proximrlwy of water for fire lightliyg purposes (hydrants, pcuds, etc,), EXJcSTTtaCT_ tu>• >;r: Will excavation or grading be necessary? Cubic yards festlrttale):. g��A i w any other ralatad parnt(la'ftnd atliii publjp"rtpj�rGValtt � eltS"r replandi StAt4 end l"atitsrfaM a�npl��cN„A , ; re�utred fpt Mita pro eat', l"010169 thoac requj,,4d by IF RESIDENTIALo I;,ciude the number of units, whether units type of household size expected, arra alitgla or multi- story In helght, schedule ref unit sixes, and IF rwOMMERCIAL, indlcate the type, whether nelghbanc�ad, city or regions loading facilities y Oriented, square footage rel males area, and IF INDUSTRIAL, indicate type, estimated amployment'per shift, and loading facilities. IF INSTITUTIONAL, indicate the major function, estimated employment and Community bene3 1s to be derived from the P Yment per shill e; project. ,tfmated occupancy, loading facilities, --� I:NVIROWAENTAL M PACTS A .-.f N4 MITIGATION 141EASURESx _ IPlent+f" potentially s! gnf ficant,environmsntai ,impacts associated with'the use lz. C r,nr9atiofrs of approve '(mitigation measures) ate proposed to laced ag h 'the ±fel Permit, What Project design features or specter its�ne environmental impacts? ENVIRONMENTAL SETTING* ING � Desotii7e ¢ the project site as itr exists before the mats* and any cultural. historical or scenic aspects. Describe anyaexisting structure � g information on topography, soil stability,y De S ibE ATTACHE,,Propertie s on the site, and ttre, �I'tanks and ani- Indicate type s, including rse os ,he structures. tA s � lrrdicate the tvPe of i,ixa-,,d use (residenttai, cam �e claioeart plants and animals and c t.) Intensity any cultural h°%tartcai or scenic aspects, ment stores, etcJ, and -,sale of development (he+ght, frontage, cetback, rearlya duce (single -fang, "U3e separate sheet ra.r 1. apartments, shops depart onger responses,. yard, etc,p. S>?E ATTACHEZ f hereby declare under pe nalty of Perjurythat 1 Q+* are true, c frtde plete and cos+rect to the best of my Date krtorrrxedge`and belief. the instructions a _ nd that the foregoing statements tate .-� G Applict nt'fi «ignature Property O;Yner's signature; UEe Permit Number_— "`" Request: Use permit to atia;a LsC �.atic p aids)_,,` ; n and size of arc ------ A,P. �`Vumberfs,� Vol A 1-MOrship -- — project Deseripkldn Proof of Agenyif needed) a ---� -'Zoning and Requirements �,.-- ----�-. Location Description' _. f6" coples of Plat Plan t� Date Received ! d ''.f4 v � �' Appuieation taYct?rr by .—._Receipt Number,; INSTRUCTIONS TO USE R RMIT APPLICANT'S i 1. If applicant i, not the otviter, written authorization by the Wrier or other proof of agency must be submitted 'ter order for the applicant to Iegally sign the application. Application shall be considered void if not signed by the owner or legal agent. 2, " items on of ilicatirrn shall he filled in as completely as passible, If an it�-m is not appli- cable, plcar indivate by the. t,:rnt 3. It is importilat that the applicant supply an accurate de project, including the f;kllowing. scription of the location of the proposed a. ssessor"s parcel `unibcr(sS tfro.m the tax bills or Assessor's maps). h. Street addresses Q.available 1. V- Distatitrr, and darcctinns tea ranted streets, bodies of Ivater or railroads. 1. 1 Tit -f copirsrifa detailed pist plan of adequate scale to clearly s,hou prupnsecl build- ings and improv relents, folded to p.: x 11 inches, shall accompanydnd bemade� ,part of the "Applicativan for Use fermi!,. If the rise permit is approved, the plot plan beet-,.nes the a �rr,ved development plan i�r the prvop4u•ty The plat plan shall include the follore•irizz s"nfnmlation: et. A scaled drain v of the,, par€,•elesp boundaries, li» Lavation kind dimensions of, all existing and proposed improvements on the property, inG Iudin huilririatts, drive ways, parking areas, Ivells, septic tanks and iea,.kh fields. r� c. f 6ration and r,rnet ril bordefing streets, access, roads,. nearby crossroads, ,Streams, budie s of water .wend railroad,,. rl. Norlh arro~s and Falb or drawing. y. 'Ii e "Application for Use I'e rrnit is sbubdect to public hearings and approval by the planning f �arirr,i�sinn try syjecial vonditiont, .-,f apprOVal shall be Made a part of the afaprr.,v d "nine I raniit " un,l hall bo indin ort the aP pli�cant. `l'he procedures forCountyaction tin test•, peC- ci:it applirtati ens ate stated in Chapter `24 of the Butte County Code. tr, dhe Plannirg, Commis, id.n, ,yn the hasis of tame evidence submitted at thepublic i;aring.In(IY urairt use linmits when it finds that the proposed uses of the entpgritt tend c• t`lrareter of the cane in Ysbich the land lies and that thepropertuse ill n would net be_t limrti uni reasonably cnr•imp::tiblY Guth or irrlrrrizirrs It, surrounding properties nor detrimental it) the ho<alth arYrl gr iter)@ jjelfart, ,ryf the pees ran residing or working in the neighborhood r4.,)r to the general health, safety ansa o..Ifare of the cr�unti. F In approving a use permit_ the fl>annmg Commission mal• include such conditira;s as 'urc deemed real-.—enable and necessary under the circumstances to preserve the intei_aif�* cud + darar ter of the rr,ne and tog ser err they general purposes of tilt; butte County Get .61r 1?lnu and Chapter 24, of th Batte COUn0v CO(Ie— Stich conditions rnav include, but are no limited tr,, limelinrrt.sti ns, de4al.�pment plktr ai prr�val, hours of t�peration, fencing, d'e g, location or ret* it-cal way, and ,sti,eet and drainage improvements, Conditions imposed upon issuance of n u.5,, is l rruit must be reasonably rc lated ter the use for which the permit is requested, $ pl'riii.atirrn frees u5 rif. , 2,-------, fdate) are S i [ e't s may lir_ pried in rash or by check tat adcv payable to ``Treasurer of Butte C ountw'", flefrrrr submitting a use permit applicatiion, applicant is requested to discuss ,cith staff all clot abrins t bout applicuti+xn requirements, County procedures,'�zoniug provisions nod possible Conditions of appr,?Veil.. IMT 7rYrrl�ybanw�r� :,.rr , „ k. PPLICATION FOR VARIANCE epartment BU`I i`I COUNTY'PLANNING Gl7fi MISSION MAR APPLICANT: React and follow Instructions is set forth on attached sheat, OrDv410, Ca1iforn1a Applicant's Name ; Applicant's Mailing �lcldress • O • BOX 5 3 6 B TOGS ❑ Phone No, —3-6 � 7 rte_. CD 9 5 91 7 Applicant's interas�l (n property (Owner, lessee, other} OWNER Owner's Name and Acidness SAME Contact Person for Project (if :other than applicant) IRICHARD ! R. ROPER P+O-- 8OX ,.885 CHICO CA 9592 342-259 i Assessor's Parcel Nurribq. r(s) Z (j -16 Present Zoning A_, GRIMLLTCLRE t z `G Location and size of'parcel(s) 1 15A,RCEr, 5p IPA I Street address T32CGS RI i B N: T RO D. BrC� Directions for trsved to-, property (rural and rticuntainous areas only). N/-----"-----------" ------------ i type Of variance t� X Lot area or building sile Lot width --- -- Mobile home size Front yard setback "`- —~-- Parking requirernehts -� X Side or rear yard setback Livestock requirements "• tither (specify) -- Sion requirements Descrlptlon of proposed use and reasons Corvarfance becauseof speclal clicumstances(r --� `�L�1—✓ is '7'�[)�'LIl A ftt1-- �Ii•� ry'jy A [aLOW� F)1la efer to Instruct Ion No. raft Attached taheet) t SITE I S 2. `---- �.�,,M_�0 ( SE,E ,a�TTAgHED Ott Description of existing Land use_,..._..,, AGRICULTURAL, AND ESIbT;�d Exfsting/Pncposed sewage disposal S xSZINS. ;EP1 SYSTENi ��� � Proximity o6 power and phone lines' _ EXSISTING ON SITE '"+rater source:,,,_„ EXISTING WELL Proximity of water For fixe fighting 9 g Purposes (hydrants, Ponds, etc.) tX.I:STING WELT Mll excavation or gracl,ng be necessary? Cubic yards "e,timate) N/A ortList and describe any outer related permits -111d'other pubiic approvals required for this project, includin €h 3 r regicrial, State and Federal a encles: _ /A g ose required by 9 �c� S' i 'G'Ite foIIowl ng questions pertain only to variances to the minimum parcel size required wititln the zoning district: { EIVIRONMENJTA11- iMPA,CTS AND MITIG,ATiON MEASURES* � 1 Pufaiatify potentially significant enVironmentat impacts a$scalated With the variance. What projectdesign features or special rxinditions of ap,Toval (mttigatiop measures) are proposed to alleviate potential environmental impacts? NONE PIVIRONJMENTAL SETTING* ascribe the project site as it exists befcre the project, including information on topographi, soil stability,plants and W. t" owmals, and any cultural, historical or scenic aspects. beseribe any eXisting structures on the site, and the use of the .�... � frtra:otures. SEE ATTACHED t,+,escrlbe the surrounding properties, including Inform8lion ort plants and animals and any cuiturat, histirical or scenic aspects. l(Alcate the type of land use (residential, commerciel, etc.), Intensity of Sand use (single -family, apltrtments, shops, depart m4,ot stores, etc.), and scale of development (height, frontage, setback, rear yard, etc.), * fr9: separate sheet for longer responses. ( ;SEE ATTACHED I riarab declare under enal't of perjury that 1 have rcad and understand the Y P �' p i v Instructions and that the foregoing statements arK true, complete and correa,t to the best of m) knowledge and belief. Dwe. ^~ Applicant's signature__ _�'"�ie. G �'�• ' Property owner's signatore}`��� Vatl:ance number - ~Re ..Pest: Variance to. Lacafion and size of parcel(sp 8vcated on the � .. ' A,P. Number(si _ Zoning and Requirements - g _ ownership Location Description Prcof of Agency fMf needed) — 20 C;DPreS of Plitt Flan UJI f II ��4 ,1 � p `� �3;3te ;�ecuived � l�ecefy�f i�turnber "`t--�_��.�,�`:�" 1-�? �„V t.�"! SL, ..�.�T._ INSTRUCTIONS TO VARIANCE ARPLNCPHTS 1if appo-lic"Int is not the owner, written authorization by the owner or other proof of agency Mu. t be sub- mitted in order for the applicant to 14gally .sign the application. Application shall be don ide ed void If not saved by thr_ssvrner or legal agent. 2. All alrpms on application shall be filled in as completely as possible.. If an item is n t a livable, idea;>e Indicate by the term "NA" 3. it is impartant that the applicant supply an accurate description of the locatio of , proposed project, inclra,r� .eg the following. c. A.%,essor's parcel number(s) (from thn tax bills or Assessor's aps),,of e addresses if available)..� I ln. Street addres c ( c 0;stanres and directions to named streets, bodies of wat� or rai d /ads. es of a detailed int lair of adencc3ie scain clearshow proposed buildings and �&. . T_9' entj .,.#,Mac pt p p imp ro:Vatr .nts, folded to 84 x 11 inches, shah accompany anc5ad part of the 17,nplicatlon for Varl- ansa:°". The plot plan shall include the following information; 8. A sealed drawing of the parcal(s) bounda-ies,„°/ � t_omtion and dimensions of all existing e rt) prapo�cl improvements on the property, includ- ing buildings, driveways, parking areas, w, Is, septi tanks and leach fields. "vocation and name of bordering stye, s, access, onds, nearby crossroads, streams, bodies of water and railroads. d. North arrow and scale of drawing, 5. The "Ap licatirsn for Variance" Is subject 1: public i*arings and approval by the Planning Commission, special approval shall be +bade a Pz rt of the approved "Variance" and shall be binding Any ..pec.�l r:onr3itrons of pp on tl�,e applicant.. The procedures for rsaunty a�tjcn on variance applications are staffed in Charter 24 of the Gutta Cozy bty Code. 6. VARIANCES from the terms of d/o 3'n ardinan shall be granted only when, because of special cittwt9tctstanC apnlicablu to the property rn {udinq size, shape, topography, location or surroundings, the strict applications of the zoning ordina�ce eprives such property of iAviley'as enjoyed by other property in the v;cirr6vir and .under identical z7o inn lassrfication. Any urian granted shall l su jeceto such conditions es will assure that the adjustment thereby auth- orized shall not constitute l g nof special priv,leges "nconsistent with the limitarions upon other pro. 5 situated. ° A such condition Imposed Qoon 'cir such property is rt n �' perties srt the vrc;nity an ' z e,+fn whr h p p '1'y y issuance of e variance mU t , mated to the use of the property for which the variance is requested.. A variance sball not ra °ted for a parcel of property which authorizes a use or activity which is not ottte taisw expressly alited by the zone regulation governing the parcel of prop rty, r ,robe 0 i. Application fees a ,`' 7 N date! are Xt_g ' . Fees may be paid in COW or by cheep r ado payable to "7reasurus of 8atte County". " $ atapplication, tirequested o discuss with staff all questiuris about pplication oments, County procedures, provisions and spec al ccustances". Y` �'1NVfNG9 OF PACT Each zoning classification and land use has an associated set of standards which are specified in the Butte County Code. The Code also • � development lishes a procedure to grant variances from these standards where uniqueestab ci;;cvmstances e��st to Varrant relief from the Strict application standards of these A variance can be granted .only if specific findings are made to unique circumstances do, in fact, exist. indicate that include factors such as the size, shape, topography, to circumstances .may Of a piece of property. P , P g P Yy location and surroundings The carts have clearly indicated that variances are not intended the County Code and can only d to rewrite { made. Ful:ther, the courts haveindicatedithe actuaall the finid findings listed below are :findings must be stated. factual basis for these NOTE TO APPLICANT Please do NOT apply - pP y for a variance unless you can Provide the basis to grant the i.equested variance. Ali, necessary application' factual refundable, es are non FZ--NGS , 1• The following exceptional or extraordinary circumstances or apply to the land, building or use in question which do not apply Bene to other land, buildings or users in the same. district. rally � nerally THE 'ARD IS EXISTING AND I5 HIGHER '.GRAN THE EXISTING ORCHARD DOEj NOT ALLOCh7 FOR THIS LAND TO BE INCORPORATED IN THE AGWHICH THERE IS N(7T ENOUGH ROOM TO MEETTHE SF "BACKS S_ETl�7�EN EXISTING P SULF�INGS AND By USING EXJ STINGS FEATURES. -- 2. The fact that the and 'en ^o lent o- necessary o f the variance is necessary for the Preservation 3'n u,bstantial Property rights is supported by the following: THIS IS NOT GOING TO CHANGE Ally OPERATION O D NF CE'S �i!3 IS llCESSARS' FOFt ESTATE . PLAi�?"?ING. OF THE RANCH ..-._._ .._....w .. }, i 3. The fact that theng neighborhoha od or or be�detrimental tto the public adversely affect the adverselyaffect ei hcafe borty or welf'e•,e or t Xirspr�rty for imr rovame xis in he neighborhood is supported by the following,, , ALL IMPROVEMENTS ARE�EI:S1� I�'A�VE�gE,� HZ+'AT GRAY FOR YEARS _ TS C .. NO NEED FOR INCREASE .._ IN A1V3CPUBLIC SER'VIC'E AS THERE" ARE NO CHANGES TO THE EXISTING IMPFDVEM�EIVTS� -�-� ALL OF TSE APOVt VInjNG$ MUST BE WE f INCL,tiI7Z1dG �; STA"�'EMENT OF SP P'ACE'S, TO GWIT A VAR1,4NGE. T�ECIFxC 5 AM INDIAN RILL t,AN-V CO 5 0 S BIGSS _CA 9591= BAQLF= f L IFr=ORD, f'f is 111INNIF its 2i='6 WEIST RIO OMTll ROAD F!I rn CIA 195' 1 L : 022 1 t�fr"i tiri x STATUS: AC F T G'E FRASIRI-rural surf-ILUP11; _.IlUAh GiA r 1179 CURRY ;tOURT TIERCED C6 913-40 02 I�Ftti sill f,tf �i STATUS: AL f IVE f3rf r� UrfirIED SrffOO1. 01STPAICT BICCS CA 9591 L,, 022 100, 014 t,iie 0 STATUS t ACTIVE SAI-'RPAUL& PAULINE 5 CF RISUS CA 1751;11/ to - ic2 j (,) ri 01A- i ifii'iCIA 1 LS: Ar`T!'VF t BAYLES L. I'J I NO TRUST E T'As . j BA LES MELVA TRUSTEE i F Cf BOX 536 ! BIGGS taA 959't7 L. !'_i2E 10ia. tt.;i };}, STATJSe ACTIVE ?E COOPER DEWEY JOHN �,- LINDA L f <TAL TC i l 3314 till -KY 14Ay DISCS CA 95917 L 022 1131} 021 LIMO SNAFU%z ACTIVE lrl -,- r f;t MMI RALPH t..ELt`lND Ml7NA JCY' E 311.16- MILKY tdAY DISC;= jam,A ? It ; ORP 100 02;P. sill i {J! t = A[' l l vF ROVLF:S DANIEL JR' f• ARA TAL. FRUST f= ThL rt 7 CA 95917 i 1322 irof3 ,%RR 000 sT€ ms: ArriVE KfiEMfZ 7`ILES I.. fi EDNA L IF: MAL ,: f KEPI Z JULES L f i.NA L TRS r 1_ r IfCCCS EAST HIGHWAY P-1 GUS CA 9591 ' Le- Oat 170 948 tSidi STATUS: ACTIVE IAVIS CRAIG i.: , GAIL ff (at DvA) 26'1 rtio kiil{t ,ro fr le ++114 A 171-1917 L,* z 122 1'70 Ot5:4: (,ii;iL m—rum; tic -f 1 VL - WILLIAMS CLARENCE E t RHONDA L ''CB DVfI '5113'1 FfAfJf{'If�tS Lf�f f'If f_i Gil Qlb l:- - L : trice t70 034 (600 6-TATUS . FIC`r I VE DALF ! DFLMA D SS 3194 HAWKINS LANE FISTS CA 95?1 ? r, P 796 162 218 iCerfiified Mail Receipt No Insuranre Coverage Pravtded Lto not use fcrr international Mail ylwr r r, : (sea Reve(se) o , tut a ZIP COO ��v�e5 Gw�rory Fie r^stum h"c�`„*t�hmwrg ta�lhat•+ 5 pate Detnrorad m Rmn:tet 5hveiiog to Ci13 6 JIi:' 5 of o0"Vel' EFem aYP �,4 , POSTAGE STA4APS TO A"CLe TO UM f(AST CUSS PC'. rttllC, itiF^tz•lctw' IGAtL FEE, AND CHARGES FOR ANY SELECTED DP110IIAL SMS!M"'S lcca lrot,q. i r� 9 i5 mcelpt p03ttr 3*0 SJTEk the guntmert P t,r . , ei,"t TJ 3hr 01u1n Address etnrtnr; ttr jt.791Ci attaChd and P esent the article at a r w". nue >t ti tryr rnn extra ch.1O?t sc .fat RLa5trlirSed v:icx °I he "rt1n: At the return S tttmtr -_ Par ar,�cte, date, Ck`wl 3"Id rtit.4tn the r"Caipt J n,C, !sa, u Ilett- 6 t ent s n relUm receipt. 1?4111G the'Cerbried tlita.'Y n,..- t a Tit o r al tint, 40ess an © , Vi m> � nr the gummed rn nu, t r, to rep . Form 380., sad "mach it tr tpe 4tttrt w rC � t , Cak,f 3h r rt t] iI;IC FSE4 iORPi m rUl', i ,: ,il tl, iM ±rrrl5. QOtentri5k att, iJ the h_Wn Cl eft"4 ' I to Cxl REQUERTEP 0;VW11 to the N—tcr •>. h rl4 Nay de!,vmry resWC10 t3 the eSdrCssaa Cr to S de°''.="f u;�FT6' fl` ttitl td tEf35(!e �mtln^sa 'R E:5'FFtLOTED l�gUVERY an the 1T,-"1 Of t}t;: ,t.1T'ctl' � r ;a ?�o't�i"" OAaC';r-�'�iriTPt, �h° ttl`.5 tcC'a1�IL tt t rte. vtie inr tate services regi ,tea in the T ` . rerun° , 'eU it :e (equested, Glzk the appy:&a4;k :. �� m Mtt t el, Fw t t ?!'r to Xfii , ur r : t.ES,C,Pl' `0SO.27M53 �tiii"r�-"RG"�'iNY and pre'>.:!i.i+ , °t � 7L` In�4C °rY ,.:+ CL h 14' ER i also wish to rocalve t o ?WER* lroms I andlui Idt ndd"tlannl aarvidt7el, foilpwing services (t'trr an,extra * a ru'ra scams 3, and Ad $rh °, �r �{q�i DAM6 and ttddrunfl� On l"roval"' �1 thta idrn i a 01A we ran feels U1 , {t#t�a�cttslAaerdtryou. " Boa 1Addte6see"s Address ar A twh- thrn form, to sha'frdnf of the mnllplddti,'dr;un and beak i( Hp. ". ;. all qx mai partoIf, 2"0 Restrlateo CJt livery � dhe^'apatnRpgaivtNrgUtlulr7tl"orsthrymailpddnhalpwthghrtfnlanumber, if t l�tnrtJ tt{rt eipt will lthdw tp wham #hn artlnlp yuan delivptad and the Hato Contolt �q_ BtMSSter ie'r fee. `drnro�,tt �a. Artlt ll� Nurtlber - . - - -- anti :.�, ocle Addressed 10, U^i 4b Tw E; Registered O' lnsured y ��Kfr�ss Mail ii � Rethrn Receipt for�. tsai [� � 7, be Of Delivery — -_-" _"'" 9, AddVdsrade Address lQliCy \Uwt• fir:. r tsr (Addrasset3l and lea ;it paid) ro et a {Agee Z i i,, �ndc er R 1 ' +4u,s, cpa:� atl .-sas oda DOME 4. Applications for tetlra°nination or paj�tiai termination shall'be iccansidered In the same manner as applications for Use krm' lts, pursuant to Sectnorns 24-413 fhrough 24w48;of the,,Baatte Ccbp,.nrnty Code. The Planning Commission options for aotioRn on such an application ore: A. Terminate or partially terininate the covenant and remove conditions from the Use Perm, it. AppRicatiohs for termination or partllal'termicnaticarn to be accompanlred by the fare sot by Resolution of the Board of Supia; rvisors to be deposited in the Country General Fund no pull of whiah shall: be returned to the applicant. B. Extend thea covenant for alaeriod not to exceed ten (1�I) ye, rs. C. Consider the area for a'nha.ng9 in designation from, Orchard a nd Field Crops to a non-agricultural designation Handcar` the General Plan. S. The Use Perrnit and covenant shall be in force for the agreed-upon time unless the General Plan Is amended and the proporty in question is no longer designated agricultue'al. if this shoula occur, the applicant may apply for terminnatiorn of the covla marl. 6. it shall he the duty of the sellar or his agent to inform any possible buyer or I his, agent of the existence of the covenan,t and of 1 term s. 7. Meet thea requirements- of the Butte County Environmental Health Department, % s aecifieall , all septic systems must be, on the ;carne lot as the home they y serve. At the time the .parcel Map is submitted, the parcels shall be, reconfigured se that the horrnesite parcel does not exceed 2.00 acres in size. 6_91 ). At the time the Pw° al Map is submitted, the, parcels shall be reconfigured tO contain 'both the primary dwelling and the se' fond dwelling on the homesite parcel and Irndo all setback requirements. l 10. ,Applicant Must also comply with all other. applicable S tato and Racal statutes, ordinances,: and regulations., Dote: Minarhangpa May be approved adninlstiraiiwc�iy by the lirec�tor of Development Services, or dtsagrnee upon receipt of a SUbstantiated, writton requestby the applicant. prior to such approvral, verificatlon shall tag made by each Department or Division that the modifioatio' n is consistenit *ttk the application,, fees aid, and e�avironrrnentai d�terrrni�atir: r as t onditi,onally p p ,., , . approvoid« Ct arnges deerrned to be i*kjor air significant in nature shall require a f, ,rnnai6 a�api 'a'tio n for amendment, f a f 4J!"I`G'E GE3�IN�'Y PI.ANNIING Ct MMgIS. �i!Ota Eldlar E CqE PIm-LIG HEA►1 ING Notice is hereby given by the Butte County Planning Carnmission that public hearings will be held on Thursday, JULY' 14, 1994, in the Butte County Board Of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item at the following time. ITEM' DETERMINED TO BE A GENERAL'RULE EXEMPTION ,REGARDING ENVIRONMENTAL IMPACTS P jelva Bayles - LJse Permit to allow a homesite segregation and 1Aariance to the maximum lot size to allow a 2.16 homesite segregation and to the building setback requirements on property zoned A-40 (Agricultural - 40 1 acre parcels) located on thF, south side of Rio Bonito Road, approximately 900 feet west of Highway 99, identified as AP 022-100-016 B s. 99 11"EM ON WHICH A NEGAT)vF= DECLARATION REGARDING ENVIRONMENTA1. 1M'PACTS HAS BEEN RECOMMENDED 9:00 a.m. - Chico, SSA Cellular - Use Permit to allow a cellular telephone facility, 200 i foot tower with antennas and microwave dishes, and equipment building on property zoned A-40 (Agricultural - 40 acre parcels) located 360 feet south of Turner Avenue, at its intersection with Cowee Avenue, identified as AP 024-160-016, Gridley. (SAL) 111e above mentioned applications, Negative Declaration, and Maps are on file and available for public viewing at the office of the Butte County Planning Department, 7 C,Ounty Center Drive, Oroville, California. If you challenge the above applications in court, You MpSt be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Cornmission, at or prior to 9 p ,..the public heating. BUTTE C04JNTY PLANNING CohfijAfiIS, 100 BARRY K. tl-ICIGAN, PLANNING NING MANAGER To bra publ"shed in the Gridley Herald on Friday, Juste 10, 1994. 'Coalez suite PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SLFIVICES 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3397 l TELEPHONE, ISIS) 538-7601 FAX: (916) 538-7765 I y 3 August 15, 1994 s Melva Bayles P. 0. Box 536 Biggs, CA 95917 Re Use Permit, AP 022-100-016 Dear Ms. Bayles: At the regular meeting of the Butte County Planning Commission held August 11, 1994; your request for a Use Permit to segregate a 2.0 alae: homesite, and deny the Variances without prejudice, The Use '.Permit was approved subject to the following conditions: 1 Parcels are to be created pursuant to Chapter 20 of the Bunte County Code and the State Subdivision Map Act. 2. Prior to the division being effective, the owner or owners of the property included in the approved developme;,tt shall execute and cause to be recorded in the Office of the Recorder of .Butte County, a restriction binding upon the original owners and their ;heirs, successors and assigns, which disallows additional dwellings from being located on the agricultural properly or the agricultural segregation parcel, 3. The Use Penrlit and covenant shall be in force for a nninimum of 10 years from the' time of recording of the covenant and will continue until the applicant applies: for termination or partial termination thereol►. 4. Applications for termination or partial termination shall be considered in the same manner as applications for Use Permits, pursuant to Sections 24-43 through 24-48 of the Butte County ;ode. The Planning Commission options for action on such an application are i A. `terminate or partially terminate the covenant and remove conditions from accompanied b the tee set b Re accorrr the Use Permit. Applications for termination or partial termination to be j p y solution of the Board of Supervisors to deposited in the County General Fund, no part of which shall be returned to the applicant. f B. Extend the covenant for a period riot to exceed ten (10) years. C. Consider the area for a change in designation from Orchard and f=ield Crops to a non-agricultural designation under the General Plan. ' 5. The Use Permit and covenant shall be in force for the agreed-upon fiime unless the General Man is amended and the property in question is no longer designated agrticultural. If this should occur, the applicant may apply for termination ref the coVenanfi. 0, . It :shall be the duty of the seller or his agent to inform any possible buyer or his agent of the existence of the covenant and of its terms. Meet the reqs: emenfs of the Butte County Environmental Health Department, specifically, all' septic systems must be on the same lot as the home they serve. 8., At the time the Parcel Map is submitted, the parcels shall be reconfigured so that the homesite parcel does not exceed 2.00 acres in size g. At the time the Parcel Map is submitted, the parcels shall be reconf=igured to contain both the primary dwelling ;and the second dwelling on the homesite parcel and meet all setback requirements. 10. Applicant must also comply wrath all other applicable State and local statutes, ordinances, and regulations. Note: Minor changes may approved administratively by the Director of Development Services, designee,preceipt f a substantiated written request by the applicant. Prior to such approval, veriFcat on shall be made by each Department or Division that the modification is consistent with the application, fees paid, and environmental detormination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. .should you desire to appeal any of the conditions imposed by the Planning Commission, you must do so in writing with the appeal fiae of $250.00, made payable to the "Butte County. "rr ,,asurer", and forwarded to the Clerk of the Board of Supervisors, ;25 County Center Drive, Croville, CA, prior to 4:00 p.m., August 22, 1994. If you do not appeal and if there Rare no other appeals within the 8 -day appeal period, your Use Permit will be issued after August. 22, 1994. C.rnitF(Et! 11AI FE> Alin Flit T(1 eF (7L;.i 7ro,"",r F sarlC(hr r t 'rxa,.relrlatt�rvhr rllnllYFrlry {,:,:.rrpd'lnar!'; . l F w, PtGES. (run ` an! L'dr,tj no 4 � � 1 'Yr7 7�f7I nplwlnt 1 r,,�, ar t li7(" pf jlt to d' n Yn Fr rF 7' C7'r'nr. +1rif eCFI z r 7 r Iain t�k A It 1111.1f h 4 -01d"jut IPnrm jr-,,- ' a 110 If,, 1 �1 q ;Vain r411Fh artlr�;� r,i hF'lPn tY1tC nna(IrGx((a hcz YAsI 1Krt( f y f y'tt (tr)u,l t7Prnr. > a,i, nrros pw a rn'um X tt tG7 ,�Ijj sues .44 to rhe AIMr t F(t!�"1 n TMtal fif GI(!� ST( (7 rn Illin t,� 7�ftt� 'tIC 31lrPC� n 7t1(PO"� y + .rp1i�; GiYf ..rQ PnrinrfN, lilt ; r F °a. CItCCk Ft+ t 7nryr�)A.,lf � pit *! ,n r"(IiVI dhl"tl, i s 7n lath) 1 ,l* h7Cm Cc r r�7n1';IF w , Ypflryt!IUP,^,,("(1VOlfotokpi r4 _ wr '� Gbmgiata tftrrno F �r -t f c5 �rImptata its ss altar t ar eddl I Z' < tlnt attr dm ;l o-f 4 & tr. r�Pet'sartiroo, rn mn �7nd ?�Ves ad' anttfa I aii�b m�i'sh to receive tsarrt thb5t �atq'go Y�1P Yovmr$c'of this fgrai so that i Jp oap folidty he J� 'y rtrrt thle rarrn;o (�� t#erviggp {for ari' n iron patmrt, tha want �r! ihq r>tidUpfocn, ct ort th'q Back if R1�aoa ferti): I i w` ro+Pxrdte"{le rsRauPptwuruRa�!"«nthomatl�drlreas�aa'u Address R dXuny &r rpt v i plUebalow t he q rwyi it °hart n a♦h » tha artlela Wert delNoradtend tho dat r • - - -� v�,yx 2. ffiestrietatl Daliveru ddrass�` to acohau t 0 tmester, far fed;" u 4e, rtlaib Nupibe i m ' a 'C .a � Abi 5arviM TY-a ' rI J1 fie�ls rty s 0 Iheurag 0, Cobr %. xpres Nidi ► return Nceft + .cru yatrdrti Iq , am Date wJ efo of, Liil v ra 'turO'fAd be dresse'�� Wil; ntrre fx�etrtxr .ate and fee patci)brdss i0rtlylF{dull" �. ball f wc:. I .,� 6i GOUn ..� .. ------------- PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SEFIVICES 7 COUNTY CENTER DRIVE . OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: 1910 538..7785 July 18, 1994 Melva aBayles P. 0. Box 536 i Biggs, CA 95917 I Re; Use Pe unit, AP No. 922-100-01 i Deas Ms Bayles: At the regular meeting of the Butte County Planning Commission held J 14, public hearing was cond.,-4ed open to August 11, 1994 at 3:00 a.rri. tay�on,s de 1994 yauer application for a Use Patnlit to allow a homesite segregation anl�+ Varian ce to the sec�rel�ation ,end to maximurn lot size to allow a 2.18 homesite thy► building setback requirements on properly zoned A-40, located on the south side of Rio Bonita Road, approximately 900 feet west of N Jighway 99. This meating will be held in the Board of Supervisors' Boom, County Center Drive A, California. 25 , Should you have any quesitluns regarding this matter, phase contact this office between 8:00 a.m. and 4.00 p,m.,. Monday through Thursday. VeFy truly Yours, iBarry K Hogan hla.nning Manager BKH:bd „n -� PLANNING DIVISION --- DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965.3397 TELEPHONE: (916) 538-7601 FAX: (916) 638-7785 August 15; 1199,. Melva Bayles P: U. Box 536 Biggs, CA 05917 Re: Use Permit, AP 022-100-016 Dear his. Bayles: At the regular meeting of, the Butte County Planning Commission field August 11, 1994, your request for a Use Permit to segregate a 2,0 aor'e homesite, and deny the Variances without prejudiLe. 7"lie Use Permit was approved subject to tho following conditions 1. Parcels are to be created purl , ° ° s to'Chapter 20 of the Butte County Code and the State Subdivision leap Act, 2. Prior to the division being effective, the owner or owners of tho properly inc!uded in the approved development shall oxecute and cause to be recorded in the Office of the Recorder of Bufike County,', a r0striotion binding upon the original owners and their heiro, successors and assigns, which disallows additional dwellings frorn being located Orr the agricultural property or the agricultural segregation parcel. 3, The Uso Permit and covenant shall ba in farce for a minimu m. of 10 years from the time of recording of the coverrant and will continue until the applicant applies for termination or partial te,-mination'thoreof., 3. Applications for termination or pxtial torrnination Shall be considered In the came � manner as applications for Use Peemits, pursuant to Sectionaa 24-4'3 through 24-48 of the BLrfte County Code.1 he Manning Commission options for action on such an applic+ation are: i i A. Terminate or partially terminate the coveinant and remove conditions from the Use Permit. Applications for termination or partial termination to be accompanied by the fere set by Resolution of the Board of Supervisors to be deposited in the County General Fund, no part of which shall be returned to the applicant,B. j c ?. ' p �o (ixce:ed ten 117 gear's.... Extend the covenant for erred not'to C Consider the area for a change in designation from Orchard and Field 'Crops to a non-agricultural designation under the General Plan. 5. The Use Permit and covcnant shall be in farce for the agreed-upon time unless the General Plan is amended and the property in question is no longer, designated agricultural. if this should occur, the applicant may apply for terminationof the i::ovenant. 6. It shall be the duty of thiI seller or his went to inform any possible buyer o, his agent of the e,listence oil the covenant and of its terms. 7. Meet the requirements of the Butte Bounty Environmental .Health Depariment, specifically, all septic systems must be on the same lot as the horne they, serve. r tai. At the Emu the Parcel Map is submitted, the parcels shall be reconfigured so That the homesite parcel does not exceed 2.00 acres in size. 119.1 At the time the Parce! Map is submitted, the )arcels shall be reconfigured to contain beth the primary dYYe'gng and the second dwelling on the homesite parcel and meet all setback requirements. 10. Applicant must also nomply with all other appiicable State and local statutes, ordinances, and regulations, Nate: Minor changes may be approvad administratively by the Director rov UeveI6pra,9nt Services, or designee, upon receipt of a substantiated written request by the applicant. Prior to such : •pproval, verification shall be made b)r each Depaq trnent or Division that, the modifica.uon is consistent with the application, fees paid, and environmental determination as condltior,all Y approved. Changes deern»d to be major or significant' in nater a shall require a formal application for amendmant. Should you desire to appeal any of the conditions imposed by the Planning Conimission, you mast do so in writing with the appeal fee of $250.001, m-ade pad :., is to the "Bette County Treasurer and forwarded to the Clark of the Board of Supet visors, 25 County Center Drive, .Drdville, CA, prior to 4:001 p.m., August 22, 1984, if you do hot appeal and if there are no other appeals within the 8 -day appeal period, - your Use Permit will h Issued after August 22, 1994. oil A 00 PLANNING DIVISION DEPARTMENT OF 011VELOPMENT SEAVICIES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA, 196986.3397 TELEPHONE: (916) 538.7801 FAX: (91(1 538.7786 June 14, 1994 Melva Bayles P,O. Boy: 586 Diggs, CA 95917 Re Use Permit, AP 022-100-016 Dear his. Bayles: Enclosed is a copy of the Staff Findings ooricerning your application for a Use Permit to allow the segregation of a 2A6 acre homc� site in an A-40 zone and Variance to the maximum parcel size and to the side yard setl`aack, for property located on the south side of Rio Bonito Road, Biggs A public hearing has been set for July 14, 1994 at 9:00 a.m. This meeting will beheld in the Hoard of Supervisors' Room, 25 County COnter Drive, Oroville, CFiifornla. The Planning Commission recommends that the applicant or their auttorized repres'entaVve be present at the hearing to respo, rid to an;t gue�tions the Commission may have. In the event tha. o one will represent the applicar t, please contact the Planning office prior to ;.he scheduled public hearing. Should you have any questions regardwo this matter, please contact this office be preen 8,00 a.m. and 4:00 p.m., Monday through Thursday:. Sincerely; Barry K. Hogan P9aaning Manager Lisa Purvis Wilson Associate Planner LPW:lr Eno. RSA (loan PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SEf1VICeS 7 COUNTY CENTER DROVE - OROVILLE, CALIFORNIA 08965-3397 { TELEPHONE; 1916) 538-7601 FAX: (816) 538-77M May 25, 1994 Melva Bayles P,,0. Box 530 81ggs, CA 95917 Re: Use Permit and Variance, AP No. 022-100-016 Dear Ms, Bayles; Enclosed is a copy of the Agenda. Report concerning your application for a '_'cd Permit to allow the segregation of a 2.16 acre homesite in an A-40 zone and a Variance to the, axisnium parcel size and Variance to the side yard setback. A pblic hearing has been set for July 14, 1994. This meeting will be held in iths;Y Board of supervisors' Room, 25 County Center Drive, Oroville, California: he Planning Commission recommends that the applicant or their authorized representative be present at the hearing to respond to any questions the Commission may have. In the event that no one will represent the applicant, please contact the Planning office prior to the scheduled public hearing: Should you have any questions regarding this matter, please contact this office between 800 a.m. and 4:00 p.m., Monday through. Thursday. Very truly yours, i ar1"yF H an PI na er BKH bd Enclosure h , BU2TE COUNTY PLA.I NIXG COMMIssION 7 County Center Drive a� roville, CA 95965-•3397 7 CT �"� (93.6) 538-7601 M,AR 18 1994 TO: .�l*eV4+1-e Mosquito ee DATE March 15,' 19'94 .i` AD, P.O. Box 940 Or,oville, Cts 95965 RE: PROJECT REVIEW & ENVIRONMENTAL EVALUAT_10N AP# 022-100-016 Enclosed is preliminary data _otax Melva Bayles P y Office has received or, generated concerning the following project: Use Permit to allotq a homesite segregation anc Variance to the minimum 'lot size to allow a 2.16 homesite segregation andvariance 1 to the building setback requirements. Located on the south side of fest Higgs RIO Bonito Road, approx. 0.'00 ft. west of H'Ry. 99, Eggs, CA. We are making am, assessment of Possible environmental impacts and will be preparing an environmental document, either a Negative Declaration, Negative Decl.arat on Witt M ti-gation Measux-Rs or an Environmental Impact Report (EIR), Please provide any factual statements, ideas for investigation„ or opinions you can Gffer in your area of concern or experti--r,ti�+` 1 that relate to either physical, social, or economic impacts this project may generate, j Please respond within 14 days Of the above -noted date.: If no response is generated by this inquiry, then it shall be assumed that there are no significant envirormental impacts wit? ch; are Potential from the project. We appreciate any assistance you can }provide. Sincerely, Larry Pa ' nlex,- Planning Technician Comments: No foreseeable problem Carl R-Zf 7EE Regional zp visor Goes your agency 14ris;h to receive a copy'of 'the environmental document (initial study for Negative Declaration' (with or without Mitigation Measures) or EI:R for this project). PfflA Ing Depallmost APR 11 Yes No ~� COUNT! FL''WNIN'G COMMIS 7 'COL1nty Center Drive Orovi.11.e, CA 95965-3397 Planning Dvariment (916) 538-7601 MAR 2 ii.. 1,994 TO; County Fare .0ept,%Cbr DATE: March 21. , 1994 OrOVidiA C i4fda RE: PROJECT REVIEW E14VIRONM'ENTAL EVALUATION AP# 022-.100-016 'Melva Bayles Enclosed .is'pr,eliminary data Our office has received or generated ! concerning the following project: Use Permit to 017,ow a hrmesite segregation and 'Variance to the minimum 10t size to allow a 2.16 homesite segregation andvariance 1 to the - building setback Located on the south side of West Bi _ ggs j 100 Bonito Road, approx. 900 ft. west of Hwy, 99, Bi gds, CA. We are making an assessment of possible environmental impacts and Preparing an environmental Will be _ � i ronmental document ether a Negative Declaration, Negative Declaration with Mit""gation Measures or an Environmental Impact Report (EIR),. 'lease provide any factual statementst ideas for investigation, or opinions you can offer in Your ,area of concern or expertise that relate to either physical, social, or economic impacts that this project may generate., Please respond within 14 days of the above—noted date. ho no response is generated by this inc Ei3rj, then it shall be If ed that tSxe� e are no significant 'envirr:nmental impacts. which area potential from the. project. We appreciate any assistance you canpr Ovide., Sincerely, f T V parry paj -er Planning Technician +- 0 comments; w_ F,�y tA4tr--" (1 V ,G��.%c�-�.G�. Q.vl_ �,- Ali .r�N..�,•ly n 1. n ,, � � " "J"z- ` • `�` Goes your .agency wish to receive a. coPy of the environmental document (initial study fox_Negative Declaration Mproject)., Measures) or EIR for this �ea) . (with or without X" e_S1_a IF I F. T. r TO�r° CO --)t 'trxG�n�a1' �;C° zc a ` S ° - 3 g AZ ireQ.a files ( 51,16) ' S-.3397 a I l�nig E4o•�vs,�d t `��'�.': 11,400 9 rildr�h 1 �Alk? �pa�,ment� s ire19� � ooncernn y��inar�, 4 °,T,cT 4 X9,94 ir=,zh�: ,�'ox10 ��i-��3 ai:rx402�°�-�R.E'Vr�,� t° to ttz° m xscr t� � C Ife1V. 20 Zh b�� 1Q�n inzmum 1Ot sz prc��eM �,. irse p a'J �'t, ay2es 016 " �'xr R16 °nz R s� tbac .,,Le t4 a Y e�mj t C?et Ved o =�a'' rquz,rejnH °"~16 mora �a h geneix�a ,a 3r Aroma s. home me � �ZI b �akZjg �O0 fit. •� ~ted o '�_`",e�'r '`'� -mac.`,,' e .� ��lax'c3 bpr`par �n aS� r�,es`o� "-the s e��ati,a ;L �"� r�� n Ne g eh , n _.� Y 5, $ th n °�s .,enCe d 1V ` "'O .L esw `•-•.. ou an ea �e Zip at e v o pry, x�-�s� z a e -,' 9 ase 1a be 1ena S,� ,b.�e kgsA` �st hat e lo,)- � �n ReR�1--t r -zon �'.z�-h t azs ale u act J M� e� pt°7ec 'to ei ah obi ua1 s lgat . h.�,r 1m�Q F q nzc, her er diem �`� e a`�ec, 5 a,>7 ase yes ;rrene r•pn"YS.7 C y,�Qr encs, i a.>arF sat.tve �o po • a t _ zQ a e c7 or tha nse ws hd w ,soot ea Oe as X03. an po n ? re alx e, - d 24 a alp °r mac erh onr est. We aA from the S.igr� bar th.. o•, homzc i.re e,r�Z On> 3y preCae a pxoJe ani1�-�,h°tre..htat�� pars that �cexe`��'� nY Sss a 4' 2`7cl ent�en at m ate cl Yi e Ya, 1Tzpa is lips S's ' na fax- Cah prowed. ul z y a tde re � ann.zng 2,echn`�' cl 21 ,� "`;~-. C moi//� �� �".•.�,,.Q'„G`_;.`,',•✓`_ dpi l'o(ji az t ts ot 1 7e W2 tho4t `O d { IDJSTI�MUTION LIST FOR COMMENTS � SZWERy Districts R chval6 Sanitary County Public works Cwounty Environmental Health "�_ L.O.A.P.�U.D. o;3A, �' �) Skansen Subdivision. ( Main. Dist. i' County Building DiVision Stirling city Sewer � Iicrigaton District C`ii;y of Biggs Thermalto Water 'District City of Chico Butte " City of Gridley City of Oroville YIELitTaF;TT0" KAT 13iggsW• Gr��dley Water `District [own of 'Paradise Plannin4 Department '- Butte Water District Stai=e Tran p rtation Department Durham irrigation District +"�+X STRC 'r 7i"L'LR k Paradise Irrigation District Richvale Irrigation District Butte ;rater District California Water Service Co. Tattle Mountain Irrigation _ Del aro W4 -ter Co, District Thermalito Irrigation District OWID 7herWalito irrigation District Other ARA.MGE DISTRICT -- ` t _- --- IES PGSiE north (Cbica ) f _ _ " PGSrE South (Oroville) RECLAttIriTZUN DISTRICT 3 J Paci_fio Bell chambers Cable k Uaccm TMJ Cable ZSBI47riS 1 I poTECTION protection Dist . O"L'HF 2 JDMMC'#!r7IES1COMPS____ ?arad. :se Pines P,rc it2ct pontuical ' roCommittee d ElMFe County F irk De�.artment:/CDF Butte Caunt:y Far"' Bureau1 -� Community Association: q �{�ms.0TT,,, t r DISTRICT or But. county �� dime Saddle Community �eri� rice I .. Durk oroville 3 r District Poll.utio,r�' 3 pGI.ICE' FgoTEGTTON Highway Patrol _ �----- �_ Butte COarty Air Coritx`01 District S -ate 1 County Sheriff Butte Vnvironmental Counri I---� 1 CJ2EA'r"im FACILITItS Recreation District, -- 1 Chico Area —� Durhan4,Area Rec. & park District ` & parkcDistrict Feather River Rea. - �- Paradise Rec » & ,Park 'Dist' 4 ct '& Rich�vale Rec: Park District DePaz"tment State £arks & Rec. ME 5CJURCE tM!!N +GEt D��-p artment Slater Resources Stale �._.� U.S. Forest Service Land ?.4anagexaarit U. S. Bureau of Butte County dining CC mnittee StYjte Departlaent of Fish & Game f Native plant Society California "..'.� State 1Riv: For'e6tr'y aT atte�ntian. Craig CarterControl Board Regional. Water Quality