Loading...
HomeMy WebLinkAbout024-110-066'c; ' i .. _ f � r .d � - r� � ��'� � � 0r y �' -. •� J � p ' � z t if � � - �. 1 •a,� �•' � � i .• o _ s �i w ,r}} ;9� . r h7\r e c . � =4 � �'' L .e r a i r��*�ti, .1 / ,• w �� y, . 5 � w� 3, � �; .+a �,� f f -' 4 y, i .. • • a +t � c � l b� �. ` �Mr .. `.� •� ' ' � 4 � � • ! � E � �' `� \ 'I n r • 5. ��.. X ,. � � �.. r N ?J ,: r e �. r.t ,ti y'.-'_�" 4r� irq � p .`M.0.„`, � , 01 y rA � �� �r.. � N r� !�♦ � -� �: �, I � M r 1 ,M � ,�" �. q_ ;j A Y r .� 1 . � r 'c; ' i .. _ PF 93-12 �PRa�3`ECT S MMR?R'Sc SHEET I -e No. og o. MARTIN BAIT iANN representative applicant ADDRESSI _____ 17l_`3RIGIIT AVE GRIDLEY, GA. 959483 PNONEI 916-846-2142 SAivWE property owner ADDRESS: VARIANCE t•(a THE MOTMIZI I,OT SI7r `10_ A110144 ,3.5 ACRE ,,. n e Antyc n r t 1 7 Y'A'F C` j i1iE1�1 �1�'i t NI; w , on: property toned A-' located the north side of Wri_ht Avp. Aprc�x. 1500 ft. east of Hwy 99 between Wright Ave. and Nielson Ave. Gridley town/area: GRIDLEY identified as AP GENERAL, PLAN DESIGNATION. DTE , PRE -APP FEE PAID RECEIPT NUMBER: q = ApFLICATION ACCEPTED]$ - e RECEIPT tR7NBERs k e FINAL APP. PAID: -- r PERCENTAGE: Z rREZONiNG PeTITION SIGNATURES CHECKED HAILINGLIST PREPARED HAIL -OUT NOTICES, WRITTEN NOTICES HAILED NUNBERs LEGAL DESCRIPTION PREPARED PUBLICATION NOTICE WRITTEN , DISPLAY AD' PREFARED , NEWSPAPER PUBLICATION 0 C F C} B R DATE OF PUBLICATION: INITIAL STUDY PREPARED Categorical Exemption FILED: F1i1IROtffff3tlAl. DEi'ERtiiNATION: S Nes< ive Declaration FILED: Mitigated Negative Declaration FILED: Environmental Impact Report CERTIF ED- [ - Other: cf3t�a 9�teC fl STATE CLEARINGHOUSE NURSER. APPLICANT/REPRESENTATIVE NOTIFICATION OF EIFVIRONMENrAL DEIERMINATION PLANNItiG'COK4ISSION HEARING(:): BOARD` OF SUPERVISORS' ITARING(s)s RESOLUTION t1UmER (TPAs) . L , "I nttur&cu: AI;O�'TED: ORDIN.INCE---- 0 0 Martin Baumann (Item determined to be a general rule exemption from M --'g revile v) Vat_ance to the minimum lot size to allow a 3.5 acre and two 2.5 acre parcels located in an A-5 (Agricultural - 5 acre parcels) zone, on the north side of Wright Avenue, approxir 'Itely 1500 feet east of Highway 99, between Wright Avenue and Nielsen Aver, se, identified as AP 024-110-066, Gridley, (TL) (VIDEO) The Commission waived the reading of the Staff Findings. A v!dRo of the site was shown. Staff gave a brief summary of the project. Staff sold there is no hardship to allow the splitting of the 5 acre parcel, but there is a hardship to allow the splitting off of the 3.5 acre parcel due to the irrigation ditch. Chairman Lynch discussed the frontage of the properties. He said the 5 acre portion is not an un-farmable piece of land. He dirt not object to splitting off the 3.5 acre portion. The he ring was opened to the public. Martin Baumann said the 5 acre piece is 1175 feet long and is not good to farm. He said this would allow for another residence and make the property more manageable. He said he has owned the property since 1980. He said he would agree ;pith staff's recommendation, but would prefer to split the 5 acre parcel also. Fred Gerst, Gridley, gave some background on this property and zoning of the area, He said t,)e zoning in the area was based on roads and drainage and it was not the intention to have property split into small parcels. He Said he did not see the irrigation, ditch as a problem because a bridge or culvert could be built. He said the ditch is small and private. He said drainage in the area is a problem and more residences would add to this problem. Mr. Baumann discussed the 7 parcels of 2,5 acres to the north and other small parcels. in the area. The hearing was closed. Commissioner Lambert said she would not support the proposal. She said 8.5 acres is a more viable ag, parcel than a 5 acre and 3.5 acre parcels. She said she could not make the findings for a hardship. She said the ditch was there when the property was purchased. Chairman Lynch said this property is two miles south of the City of Gridley with a lot of ag land between this property and the City. He said the property was rezoned in 1985 to stop splitting of the parcels. tUTT.E COUNT` PLANxxtic COM. ISSIO14 MTtyUTr7 S y September 23, 1953 Commissioner Ferguson said there is no good reason to allow this request, It was moved by Commissioner Sessions, seconded by Commissioner Ferguson for approval of the 3.5 acre parcel and denial of splitting the remaining 5 acre parcel as follows: A. Find that no evidence is provided that this project will result in a significant impact and, therefore, is not subject to CEQA: and B, Find that a physical constraint exists on the property that separates the parcel; and C. Rid that the said physical constraint deprives the property owners of privileges enjoyed by other property in the neighborhood; and D. Find that no evidence exists to support the creation of two 2.5 acre parcels on the eastern portion of the property; and E. Find that the creation of two 2.5 acre parcels on the eastern portion of the property does not conform with the zoning or general plan designations, but if left as is, conforms with these designations and the surrounding properties; and F. Approve the Variance to allow the 3.5 acre parcel west of the irrigation canal and deny the Variance request to allow two 2.5 acre parcels west of the irrigation canal on AP 424-110-000 (Martin Baumann) subject to the following conditions; 1, create parcels in accordance with the requirements of the State Subdivision Map Act and County Code. 2. Applicant shall meet all Environmental Health Department requirements for sewage disposal and water service. 3. Applicant shall obtain building permits in accordance with County Standards, NOTE: Minor changes may be approved administratively by the Director of Development Services upon receipt of a substantiated written request by the applicant. Prior to such approval, verification shall be made by each Department or Division that the modification is convxstent wits, the appli,:ation, fees paid at;d environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. Commissioner Sessions said it is Mr. Baumann's property and he feels there is a hardship because of the irrigation ditch and agreed with the staft`a recommendation, BUTt'N coUN Y 1`'LANUINs CQMMX881ON AtMUS $ePt ombor 23, 1593 AYES, Commissioner Sessions NOES: Commissioners Lambert, Ferguson, Nelson, and Chairman Lynch ABSENT: No one ABSTAINED, No one The motion failed. It was moved by Commissioner Lambert, seconded by chairman Lynch, and carried to deny the Variance to allow the 3.5 acre parcel west of the irrigation canal and deny the request to allow two 2.5 acre parcels west of the irrigation canal on AP 024-110- 006 (Martin Baumann) because of a lack of findings for a hardship by the following vote, AYES. Commissioners Lambert, Ferguson, Nelson, and Chairman Lynch NOBS: Commissioner Sessions .ABSENT: No one ABSTAINED; No one BUTTZ COUNTY PLtNINO CUZTSSIOH MINUTES - $eptemboj: 23, 1053— t-7 n r=ILE NO.: 024-110-066 BUTTE COUNTY PLANNING COMMISSION STAFF FINDINGS - August 24, 1993 APPLICANT: OWNER: REQUEST: AP NO.: SIZE: LOCATION: EXISTING ZONING: ZONING HISTORY: SURROUNDING ZONING: SURROUNDING LAND USE: GENERAL PLAN DESIGNATION: APPLICABLE REGULATIONS: Martin Baumann Same Variance to the minimum lot size to allow a 3,5 acre and two 2.5 acre parcels located in an A-5 zone. 024-110-066 8.5 acres On the north side of Wright Avenue, approximately 1500 feet east of Highway 99, between Wright Avenue and Nielson Avenue, Gridley. Zoned A-5 on June 29, 1952 by Ord. 2296 A-5 Rural residential and agricultural operations. Okohard and Field Crops Butte County Code Sections 24.49 and 24- 72, Government Code Sections 65905 and 65906. CQMMQtf 81, RECEIVED FP3&o� �"` unty_Public Works: "1. Demonstrate why a variance should be granted. 2. Choate parcels in accordance with the requirements of the State Subdivision Map Act and County Code." BUTTE COUNTY PLANNING COMMISSION STAFF FINDINGS - August 24, 1993 Sutte County Environmental Health: "We have no problems with the variance. However I am not sure that the new lots will meet our requirements for the split." Butte County Fire/CDF• "No f=ire Department objections." Rutte_County Mosquito Abatement District• See attached letter. ANALYSIS: The applicant is requesting a variance from the rninimum parcel size requirements of the A- S (Agricultural - 5 acre parcels) zone. The specific request is to split a 8.5 acre lot into one, 3.5 acre parcel and two, 2.5 acre parcels. An elevated irrigation canal splits the property into 3.5 and 5 acre parcels. There are specific findings that must be made prior to granting a variance from the terms of the local zoning ordinance. These findings require evidence that special circumstances apply to the subject property that deprive the individual of privileges enjoyed by other property in the vicinity. Special circumstances that would justify granting a variance from the minimum lot size would be physical constraints .such as lot shape, topography, location or surroundings. The special circumstances that could be considered for this request are the lots physical sepEration and surrounding properties with similar lot sizes. The physical separation of the property by the canal could be a legitimate argument that the property owner does not have the privileges enjoyed by other property owners in the area. The physical split of the property makes farming more difficult than if ;. were one whole land unit. This argument Is based upon using the property primarily for residential use and reducing the agricultural value. However, there are other canals in this area that may split other parcels. Approval of the variance based upon the physical conditions could result in a precedent setting action for additional requests in the area. Even though there are many parcels in the vicinity of this request that are less than 5 acres in size, the area is still zonrd A-5 and contains parcels greater than 5 acres in size adjacent to the property. Another more important concern relates to the General Plan Land Use designation of Orchard and Field Crops, This designation also requires a 5 acre minimum lot size. The Environmental Health Department has indicated that lots it and III may not meet Code requirements for lot splits. This is based upon the narrow lot width and the required setbacks from the canals. There appears to be no conclusive arguement or reason to split the eastern 5 acres of land into two 2.5 acre parcels, No physical constraints, hardships, nor special circumstances exist that would warrant the split. The 5 acre parcel conforms with the zoning and General 2 BUTTE COUNTY PLANNING COMMISSION STAFF" FINDINGS - August 24, 1993 Plan and Is consistent with adjacent lot sizes. If approved as recommended by staff', only two homesites could be built on the property. This request has been deterr~ ad to be an activity that will not result in a significant effect on the environment and, therefore, not subject to the California Environmental Quality Act (CEQA). SUMiMARV AND EGC7IVIMENDATIONS: Staff recommends that the Planning Commission approve a variance to allow the 3.5 acre parcel to be split from the remaining 5 acres because the property is physically separated by the irrigation canal. Staff requests that the creation of parcels II and III be denied since no physical constraints, hardships, or special circumstances exist that would justify a variance form the minimum parcel size requirements of the A-5 zcne. The following actions are recommended. A. Find that no evidence is provided that this project will result in a significant impact and, therefore, not subject to CEQA; and B. Find that a physical constraint exists on the property that separates the parcel; and G. Find that the said physical constraint deprives the property owners of privileges enjoyed by other property in the neighborhood; and D. Find that no evidence exists to support the creation of two 2.5 acre parcels on the eastern portion of the property; and E. Find that the creation of two 2-5 acre parcels on the eastern portion of the property does riot conform with the zoning or General Plan designations, but if left as is, conforms with these designations and the surrounding properties; and F. Approve the Variance to allow the 3.5 acre parcel west of the irrigation canal and deny the variance request to allow two 2.5 acre parcels west of the irrigation canal on AP 024-110-006 (Martin Baumann) subject to the following conditions: 1, Create parcels in accordance with the requirements of the State Subdivision Map Act and County Code. 2> Applicant shall meet all Environmental Health Department requirements for sewage disposal and water service. 3 0 1 0 BUTTE COUNTY PL7XNXNG COMMISSION STAFF FINDINGS September 13, 1953 3. Applicant shall obtain building permits in accordance with County standards. 4. Minor changes may be approved administratively by the Director of Development Services upon recept of a substantiated written request by the applicant. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the applicant, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. TL:lr Attachments to the Commission and Cities: Site Plan Location Exhibit Findings of Fact July 30, 1993 memo from B. C. Mosquito Abatement. 4 .t�pr.�l.,n �'Opolt�lfif FINDINGS OF FACT �fM 2 4 f9G Each zoning classification and land use has an associated set of development-VU r v-j'v`nr atandards 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 fro ;standards, m the strict application of these A variance can be granted only if specific findings are made to i unique circumstances do, in 'fact, exist. ndicate that include factors such as the size, shape, topographyCial lccatonmandnces may surroundin '.;� Of a piece of property, g The courts have clearly indicated that variances are not intended to rewrite the County Code and can only be granted if all the findings listed below made. Further, the courts have indicated the actual are findings must be stated. factum basis for these NME TO APPLICANT Please do NOT apply for a variance unless basis to grant the requested variance. All�necessaryu can vapplicationide the ef�eesyarec on - refundable. non- ZINDINGS Z. The following exceptional o apply to the land, building to other land, building, or r extraordinary Oircumstances or conditions or use in question which do not apply generally uses in the same district. ....yyr /�. � !�' IBJ --•-` 2. The factthat. the ------------- granting of the variance is riecessary for the preservation and enjoyment of substantial property rights is supported by the following: _ S1NC.t 1 f t, b P'�I"�C'tFC L:7S j/ply -.t��-._..._.. t .`� I t) P3 L/ �• �e • 1+x.4 L F r ' �=k13I t 1--r 3. The fact that the granting of the variance will not adversely affect the neighborhood or be detrimental to the public health safety or welfare or byvtheely affectfol,owing: Property or iter rovame,,ts in he neighborhood is supported ALL OF THE ABOVE, FI,,VmINGS HUST $g �B, FAf 151 TO GRANT A VAAJt\NCE, + T;JCI,iJD1NG THE S'rATE�� OF SPECmc TTTTE COUNTY MOSQUITO ABA TEIVIENT DISTRICT DI5TRIMOFFICE AT 5117 LARKIN ROAD JAMES A, GAMY �. +f"ORNER OF OROVILLE AIRPORT OROVILLE, CALIFORNIA 95965 IyAr„ + ON LARKIN ROAD PIMA PHONE (416) 533-069 s42.,'3sc, AUG 0 4 199'3 FAX 016)534-9916 July 30, x.993 -..arry Painter, planning Technician Droate,0aitior"I !�Utte County Planning Commission 7 County Center (Drive rovil]e, Ca 95965-3397 _,ear Stuart Edell: We have made an on-site inspection of the Martin Baumann ,,tariance (AP #024-110-066) mentioned on this review form. Hobby warm sized parcels such as this, often develop new ::osquito breeding sources due to improper irrigation and farming rractices. In the event that any of the proposed parcels are irrigated in ,he future, the property owner should assume responsibility for establishing good irrigation practices that present the production of mosquitoes. Proper irrigation can be accomplished without the sccurrence of mosquito breeding by implementing the following r�rcommendatians; Use sprinkler irrigation instead of flood irrigation. 2. Pastures should be graved to allow for proper drainage and prevent water from standing or pooling in low areas. 3. Constructing all drain ditches to grade and maintaining -hem free of vegetation. a. Using conservative irrigation methods that prevent excessive ranoff and the possibility of water standing for more than 2 or 3 Nays after water is applied. Farm pons, reservoirs and stock troughs should be stocked e,,th mosquito eating fish, available from Butte County Mosquito Abatement District, located at 5117 Larkin Road, oroville. These comments are consistent with the District's adopted policy called "Guidelines, Checklist and Standards for Vector Prevention in Proposed Developments". If you have any questions regarding our suggestions or recommendations, please feel free to contact our office. incur „�y'� Ca r -sa Regiona Supervisor `Mw ..,i' 4Z Iowa LICATION FORA R I A i S� Fi►anning M.P artment `.OTTE CaOIJ QTY PLANNING Commis3 i0$ MAY 2 4 /1993 APPLICANT, Read and follow Instructions as set forth on at,ached sheet. a� ro4 jie, Cnlif�rnh;I Applicant`s Name- Phone Applicant's Mailing Address-_ 71 /r✓/C?/A T ,nj �/�' �' y'.,.64) Applicant's interest in property (Owner, lessee, other)—S✓�%R Owner's Name and. Address /9 -ME Contact Person for Project (if other than applicant) Assessors Parcel Number(s)_04 '/% "Q !" - r� Present Zoning �1 i�� Locatlo i and size of parcel(s) �I_A T �?f �/i!i�%j/�)'q0 Street address Directions for travetl to property (rural and mountainous areas only) -C= iP A/ Cyr. ---'---_-SL/G Type of variance requested' Lot area ;orbut Iding site Mobile home size 3 PAac �-LS Lot width Parking requirements Li3+ y r' r �1r'Z`z — Pront yard setb ,ck ��GGL::------ Livestock requirements f� Side or rear yard s %back Sign re uirements Other (speGify) r �C/�' 5 �- GC.S. JA' C/'/V %% '" �A ZZ.-ED Description of proposed use an ns for variJn r%�auLil�3 se Tim i % lir r refer to Instruction No.,, - on attached sheet) L�U7r fr/ Ocscrlption Of existing land v,,e— r=xlsting/praposed seWage disposal method:. j Proximity of power and phone lines'_Lfir/�'/�11'�%� f��!.�7/'/V���,�(�"�% �✓ Water source. ` Proximity of water for fire fighting purposes (hydrants, pohds, etc.) /i' / Z�/%�L" �� Y �';, vr1-5 F Will excavation or grading Le hecessary? Cubic yards (estimate) / C_) List and describe any other related permits and Other public; approvals required for this project, including thooe ret)uired by city, regional. State and rederal agencies.. r 01 questions ertainonl , to variances to a minimum parcel size required'within the zoning ' The following � p Y9 "tot: ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES" Identify potentially significant environmental impacts associated with the verience. What project design features or special conditions of approval (mitigation mcasurCs) are proposed to atleviato potential onvironmentai impacts? ENVIRONMENTAL SETTING* Describe the project site as it exists before the project, Including Information on topography, soil stability, plants and animals, and any cr:itural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. ;Describe the surrounding properties, Including Information on plants and animals and any cultural, historical of scenic aspects. indicate the type of land use (residential, commercial, etc.), intensity of land use (single»family, apartments, shops, depart- mxfnt stores, etc.), and scale of development (height, frontag«, setback, rear yard; etc,). Uve separate sheet for longer responses. ova s�O C r c�,e 3 �%ry r , I #e*eby declare undo penalty of penury that. I have read and understand the instructions and that the foregoing statements are true, compplletre�ar'f correct to the best of my knowledge and belief. Date --q� Applicant's signature �f%Yl_�G�fiG1� Cate— �� � - Property owner's signature Variance number -- Request: Variance to Location and size of parcelfs): located :on lite 7,15:RIFY., `1 - A.P. Number(s) ✓- Ownership Poo! of Agency (it needed) - Zoning and requirements Location Description 20 copies of plot PI or, Va,e Raceived,r1-7,419.5 gigeceipt Number '55.G ?l Application Taken By --k �'^'+►fin ��+Ptntertf FINDINGS of FACT h1�4Y 14 9993 .gach zoning classification and land use has standards which are "ti''°"� fishes a specified in the ButtesCount Code . set of development procedure to grant variances from these standards w circumstances exist to warrant relief from, the sari The Code also. e$tab- standards, here unique strict application of these A 'variance can be unique circumstances only if specific f• include 'stances do, in fact findings are factors such as the size# shape, These made to indicate that o apiece of property. , sha {�topography,special circumstances may Pro ert P-, location and surroundings The courts have clean, the Count y indicated that variances Y Code and can only be are not made, Further granted if all the findings iste to rewrite mae.findings the courts have indicated the actual must be stated. listed below are factual .basis for these t'0TE TO APPLICANT Please do NOT a ` basis to PPIy for a variance unless grant the requested variance; You can Provide 'the refundable. All necessary application PPl.ication fees are ctual FINDINGS non- .l. The followin 8 exceptional or extraorclina2•v topother the land, building or use circumstances or land conditions , buildings or uses �n qu"tion :which do not in the same district, aPPlY generally 2 • The fact that the ------�_ and enjoyment of granting of the variance of substantia] iance is necessary for the y property rights is supported preservation 6 ppb c * . • PPorted by the following DWIr. 1� 7 -Sp )- -Mr) VAII 3 The Fact that the neighborhood or be detrinenkal to the granting of the variance will not adirersel adversely affect public Pro r+rt health, saiet �' affect the by the fol,'owir;s p or inr rovame•,ts y or welfare or in she neighborhood is supported l�r�*� ,s�`�'�r,. � ALL FAC7 a LRLN ' A VARTANCj,---• +"u" lNCLUD:ING Tia STA ,r. T1fitEM1' OF —41P P. r i, ti L x 024 '110 i6'' STRAW RANCH '� STATUSa AC`f 580 SHELDON AVE GRIDLEY CA 95948 L 124 11kY 115 tYtrs WRT6HT NORMAN , STATUS; ACTIVE N JOYCE CF) p 0 SOA 37 LIVE OAK CA 95953. L.- 024 110 126 010 STATE OF CALIFOr,,gIA STATUS; ACTIVE ;DEFT of TRANSPORTATIotIl 00 Box 911 MARYSVILLE fir: 9sgo1 L. 024 f 1sa S;'-'URIS HAa-�R ANGELINESTATUS: A_'TIVE 503 HASKLLL ST GRIDLEY CA 95948 L 024 144 rtsrsy,Y Sf;URIS PLTE S & peGGY STATUS. ACTIVE 510 INDI:IWSTREET GRIDLEY CA 95948 L; 1-124 1 i rs ' 4S of.40 11CGLENDON 5 y CAKOLESTATUS: ACTIVE JT "Jo WRIGHT AME GRIDLEY CA 95948 L; 024 110 f i. � goo STOW MARVINe. STATUS; ACTIVE SARPARA 98,1 i7VANS RE`aj° ER ROAD CA 3948 OR4 110 • STATF OF CALIFGR'a1A 2TATU3 ACTIVE Pa 80� 911 MARYSVILLE r'. 959o, L. s�E4 110 159 s%IkYt�Y GREGORY HENRY R DOROTHYAt�UTRUBTT VE GREGORY HENRY R DOROTHY M TR 3310 3RANDYWINE DR YUeA CITY CA 9 59,U 3 L; 024 f fs7 t6o 000 8TA7US; ACTIVE SANDS MARGIT 8S C-04 WIGHT AVE GRInLEY CA 15948 084 o90 os4 opco STATUS: ACTIVE EONARD, WILLIAM E & JACKIE A 3 NEILSON AVE St*;;'IDLEY CA 95948 Wa4 090 044 000 STATUS: ACTIVE 45411GH-ACA, JAIME UTELSON RD Sir, bile Y CA 95948 k 19f -) .4 o4s oplo, STATUS: ACTIVE zEST JERRY 0 & LADrNE E 5 141ELSOP4 AVE IDLEY CA 913948 e124 090 94a qj&j STATUS: ACTIVE E'01;NS JAMES ti-IFTON & SUSAN PHILLIPS E t :,Zi -LIPS ARTHUR M & LOU18E 2 E6' NIELSEN AVE ,-;:�LZDLEY CA 95948 w-' '.-`24 090 047 0015 STATUS,- ACTIVE �`- -fA �-r ON JOSEPH E & MARIA A E6� NIELSON AVENUE CA 9-5948 laf3,rL-1 STATUS: ACTIVE ,4!= -'ITTLE c:LEY CA 45148 �E4 110 1 x4 500 STATUS: ACTIVE AMF-11-IS ANDRES .1, TER68A JT i -,*)P NIELSEN ROAD IDLEY CA 15948 024 110 066 000 STAT118f. ACTIVE 5AUM'ANN MARTIN SS t7l VRIGHT AVE SPIDLEY CA 95948 O -P-4 1113 1.467 000 STATUS; ACTIVE L�AUMANN MAlqTIN SS 171 WRIGHT AVE Gkll)[ZY CA 95948 L.-024,110, 161 000, STATUS: ACTIVE STRAW RANCH 580 SHELDON AVE GRIDLEY CA 95948 L: 024 O 061 go$U STATUS.' ACTIVE STATE OF CALIFORNIA L, 024 0,c?K,; gl.;lry STATUS; ACTIVE AMUS JOE & SHIRLEY JT 75 NIELSON AVE GRIDLEY CA 95748 L; 024 090 067 000 STATUS: ACTIVE NANCE MICHAEL V l-,, GISELA 91 NIELSON AVE?JUE GRIDLEY CA 43948 L: 024 OTO 068 000 STATUS: ACTIVE MICHELET RAYMOND JR & CHRISTINE JT 107 NEILSON GRIDLEY CA 95948 L; 924 0'?0 PJ70 000 STATUS: ACTIVE 1',?ALI,',AT AMARIK & MOHINDER ETAL 1003 JACKSON ST GRIDLEY CA 95Y48 L: 024 090 o -/q 000 STATUS, ACTT E KALKAT AHARII,,-. & MOHINDER ETAL f002 JACKSON ST GRIDLEY CA 95948 LA 024 0 0 051 000 STATUS: ACTIVE KLK'AT AMARIK- & MOHINDER ETAL 1008 JACKSON 8T GRIDLEY CA 9SY48 L. klEA ogri 1,. . jSa STATUS.- ACTIVE 16M -A -HAY FARMS INC LENAHAN FRANK C 4443 VIA MAJORCA CYPRESS CA 90630 u -"Mm" "MmI HUNT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 96865.3397 TELEPHONE; (816) 538.7601 FAX: (916) 538.7765 September 23, 199' Martin Baumann 171 Wright Avenue Gridley, CA 95948 Re:: Variance, � P No. 024-110-056 Dear Mr. Baumann: At the regular meeting of the Butte County Planning Com mssion held September 23, 1993, your request for a Variance to allow a 3.5 acre and two 2.5 acre parcels locamd in. an A-5 zone, was denied. Should you desire to appeal this decision you must do so, in writing, with the appeal fee of $250.00 to whe Clerk of the Board of Sup,,Zvisors, 25 County Center Drive Oroville California, prier to the expiration of the 8 -da Friday, October 1, 1993. Y a Ply period which is at 5;00 p.zln., Shouldou have any y questions regarding this matter, please contact this office, Sincerely, 4aa�Paula Leasure Principal Planner PL:bd n 1 ; Urn1rra., I rlue. « enc t Rom it 1 _ ! II _ 1 41'1e.__firCL < Cnerryft' asoml:arla I( p GRIDLgyr99 11 p O n m ,I I It Cha r a Oron eaue f 11 a her RO1tI hI r. n aril sli f rri At �li111.km Gw)11-11) 1 C F o R R �tl Vla a vnu ¢ ¢ o � �r Paan t � or 7j'c venue •1 Rlu I I {. i' r. '. MI)`a 11111 p IIIIIDIIYIrf/11111/ Sage St, / pM nrAr.E del Inca alronl/I• I t. pl 4 • w 5 tllCfl All ., I , � iL ¢� C!i u 1N x�c ' It �.r ��� 1`n "d S • ru« bi 5rtrlae"St �x- a 4>1s. Ga . ■'•u'+m1..`01-�1 +)wSfIlr.�rra•Ice6 St jI0- 1I IcLoPvnL Nt II yict1 11 1-51i!S N�nJ II i ) .t a.'t �.:, a � .i aq uar Y�l')f(r•j ��[(4�AIIt; I� � it �. 7J. G SYi aMOAE c.,�RE T v Nit" �iMuiiri r1it�`I'HfNllr)uNll�/ E �L '� r Fa E '�. f ria rn _ Sbeet 1(J[ Iniiona 'y tiY10NOL r.. r •" `•ui" M - t �M' AST 6LE:, pOAD r O S� - 1 u,+'U!r n Zane oal ui rn „ SIe Inset at Lall a6Y.vay 71nr IIUUSIIfti ° I. "' 1 � 1 It y rn It � ac1l II a� 1.aY /aG dray AIITIIOPITY + it n �r =�'r of ) yt�L '� '�° Glenn rT�' a ,_ k�tC• a /1 r� t• 1..., rimy Q � 11 J EUen J1`1 yi ar � en in Ne � O, ¢ I � a S' �.L1..2 'n E,QAli1Li1 4igfOLEY� �,� alnnul tri lra re 'ri W..rKi i r �� 1'14 I)In A E 11 a nt1oY nn FAt111LY a < V11� AveaM p Avenue Y I I wa flElLTLt CEII S ) rlr rs�na t R/1 � c [w I n F L1rat Rles n a m r£ � z Fagan 51. ti� ireSY 4 o IYM7S (I Libayt ¢ Rnur1i Rwo ¢ Ill t .: keifer AVenue Lii,"f lY Roar) � Yrat1 Lllrclly Ilnad � /� � -Va. 'C � Lafnar Hollis &air A 0 o c sr fr Q�/r a c)Ctrz O RlchaMsAvenue �. o j Rwir 99 "Am. iY aoe u HnAlwrt an � r. � ; _ � -''---'•• )mm� aver .if �t,0 I! p p Q Q PaaV�r r � �s ,py gyp. O v rr � 1 r�- .9 A f �e O N so t* um clard b Avenuh 0 Dais Lana CL WYi ht g T NEST derlcho /2 CenlerAvenue Cr. EVANS REIMER _ROADS o EAST EV NS 6E '�j mAw tlaTA 11 a b Q & At At as EV nt KC cc Ao)d 1 0 C SAN FRANCiCCO: (415) 781-4515 2 HAND DELIVERED LAW OFFICES of BRAD JG. FULLER 330 WEST FIFTH STREET DRAWER 3130 CHICO, CALIFORNIA 95927 (916) 345,6789 September 23, 1993 Butte County Panning Commission 25 County Center Drive Oroville, CA 95965 0, RE: Larry Sm.allen Use Permit Application; AP No, 058-260-004 Dear Chairman w Id Commissioners: FACSIMILE; (916) 345.6836 This use permit has generated entirely too much controversy already so Mr, Smallen has asked me to act as his agent in the hopes that I can make it less exciting for everyone. First, after discussing this with staff, we would like to requost that Coda you consider only the aspects of the use permit that pertain to the store and e laundry facility. We understand from staff that this is possible and we believe the mobile home park should be considered separately. I have communicated our intentions in this regard to the opposition's attorney, Mr. Berglund and he concurs, We anticipate a much smaller group of interested individuals at this meeting due to this request. Second, we also request that you continue consideration of the mobile home park aspects of the application to the second meeting irr November. At that time we will have a revised and detailed proposal to present to you - - one that we hope will be less objectionable to the neighborhood and more in line with the desires of staff. Finally; I have attached a brief summary page indicating the work done on the project since the last meeting aloe; , with some of our anticipated changes, Thank you for you consideration of our request and your paciellce. We will be available at the meeting to answer questions. Sincerely, feu%� � i. �• Brad L. Fuller����""— Attorney at Law BL;F/ae WALLEN USE PERMIT' PROGRESS REPORT SINCE JULY MEETING: • Conducted pump test on aquifer to determine adequacy • Obtained clearance frons Building Dept. legalizing small dome residence • Surveyed area to establish right -of way -location (conflicting surveys) • Initiated mobile home perk revisions y • Arranged for meeting with staff to review plan Sept. 30 • Initiated dialogue with opposition to start resolution process PLANNED I'IS�..;F:.; .� ''t; , _" -k13ILE HOME PARK. Reduce density. • Limit residents io seniors only • Elimination of REI and overnight spaces Use of high capacity water tank Enhance vegetative scrrening PLANNING DEPAR' MtL,, 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95g6b-3: u; TELEPHONE: (916) 538-7601 August 27, 1993 Martin Baumann 171. Wright Avenue Gridley, CA 95948 Re Variance, AP 024-11.0-065 Dear Mr. Baumann Enclosed is a copy of the Staff Findings concerning our application for a Variance to the minimum lo+ - acre and t40 2.5 acre par cels located in an A-5 zone located size to �onyt . 5 north side of Wright Avenue, Gridley. A public hearing has been set for September 23 1993 at 9:00 a.m. This meeting will be held ih the Board of Su County Center Drive, Orovill.e, California. pervisors' Room, 25 The 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 tthat no one Will represent the applicant, please. contacththevent Planting office prior to the scheduled public hearing. Should you have any questions regarding this matter, please contact this office. Sincerely, Paula s; Leasure Assistant Director of Planning a,Vas A. Ras '3?inior Planner TL.Ir Enc. 7 ,71 -. (;,i. i ifs . ..Gf� •' r ,LTTE CO 1LJ lel al MOSQUITO JAMES A. CAMY DISTRICT bf EiGE A I` 51.1^ L,ARKIN ROADM 'tAG��r2<1'�m��: z ,_ NVg by oROVILLE AIRPORT OKOVI[ LE, CALIrnItNIA S�b5 pian ng ry ON LARKIN ROAD A�� � � �agJ p14ONf.(416) 533.603 342.7354 FAX (916) 534-9916 july 30, 1993Orovilte, Cai WTP'n Larry Painter, Planning Technician jxt.te County planning �°cmmiss =on `i County Center Drive orovilic-, Ca 95965-3397 *Dear Stuart Edell: We have made an Ofi-Siteeinspection tioned on Of threview�form.mann variance (Ap # 024--110 0657 r€) ,Ycels such as this, often develoA new Hobby .farm sized mosquito breeding sourcas due tc improber irrigation and farming practices. In the event that any of the proposed parcels are irrigated in the future, the property owner should assume responsibility fothe tion of establishing irric�ation�canpractices that revenbeaccomplishednwithoutcthe .0squitoeS. Proper irrig .� implementing the fallowing 7ccurrence of mosquito breeding by recoinmendations Use: sprinkler irrigatioxr ins..ead s� flood irrigation. Pastures siyould be graded to allow for proper drainage and prevent water from standing or pooling in low areas. Constructing all drain ditches to grade and mainta 3.ining them free of vegetation: 4. Using conservative irrig�wtateresthstanding for morepreventods that than e2sore3 runoff and the passibility o days after water is applied.. 5 'Farm ponds, reservoirs and stock troughz should be stocked Frith mosquito eating` fish, available from Butte. County' l�iosqui to ,abatement District located at 511.7 Larkin Road, Orovill(. . These comments are consistent andStandards for 'Vector Prevention in istent with the District's adopted policy called "Guidelines, Checklist r t�,..rj i' r proposed De�e�agu�st.�rans regarding our suggestions or If you have man y recommendations, please feel free to contact our office. ., inter , 'ar' r s',^ �;. Ilons Supervisor CP/km 0 BUTTE COU1ITY PLANNING COMMISSION 7 COUNT`S CENTER DRIVE Groville:, CA 95965-3397 (91.6) 538-7601 TO Butte Co. Mosquito Abatement Dist. DATE: July S, 1993 RE: PROJECT REVIENV & ENVIRONMP.NTAL EVALUATION Martin Enclosed is preliminary data our office has received orgaumann generated concerning the following pro cet: Variance—to the mini►r,►m ter ct,�a *„ :.,, .... _ „ 'J... u-�: �ocatea on th no }l side of Wim`. Ave. approx 1504 ft east Y Hi iiw Gjnd a. -AP -02.4- 11Q -Q66 _gy 9 b�;tween Wn ht Ave and Nielsen Ave. 'e are making an assessment of possible environmental impacts and w411 bere aria .r environmental document, either a Negative Declaration, Negative Declara on with Mitigation Measures or an Environmental Impact Report (EIR). Plea -,,a provide any factual statements, i&as for investigation, or opinions ,you can offer in your area of concern or expertise that: relate to either physical, social, or economic impacts that t1his project may generate. 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 environmental impacts which are, potential from the projcet. We appreciate any assistance you can provide. Sincerely, Larry Painter Planning Technician Comments: .Doesy agency cY wish to receive a copy t►f the environmental, document (initial study for Negative Declaration (with or without N(itgation Measures) or EIR for this project). Yes No BU'i"I"E COUNTY PLANi�iIN G CO11�Ntr� ;'' yJV TICE OI+ I'USI,IC HEARING Notice is Allereby given by the Butte County Planning Commission will be held on Thursday, September 23, 1993, in the Butte County Board of that public hearings Room, County Administration Center, 25"oun Supervisors' regarding the following item. at the following time Center Drive, Oroville, California, 90-00 a.m. Martin Baumann - Variance to the inirumurrt lot size to allow a 3;5 acre and two 2,S acre parcels located in an A-5 (Agricultural 5 acre parcels) zone, on the north side of Wright Avenue, approximately 1500 feet east of Highway: 99, between Wright Avenue and Nielsen Avenue, identified as AP 024-110-066, Gridley. (TL) The above mentioned applications, environmental document, and maps are on file available for public viewing at the office of the Butte County PlanningDe ar and County Center Drive, Oroville, California. If you. challenge the above a court, you may be limitedelse raised to raising only those issues you or someone P tment, 7 public hearing: described in this notice or in written cor applications in at the Planning Commission, at or prior to, the public hearing, respondence delivered to the BUTTE COUNTY PLANNING COMMISSION PAULA S. LEASURE, ASSISTANT DIRECTOR OF PLANNING To be published in the Gridley Herald on Friday, August 20, 1993. BUTTE COUNTY PLANNING COMMISSION 7 COUNTY CENTER DRIVE Oroville; CA 95965-3397 (916),538-7601 TO: Cou:,ty P,re Dept./CDF DATE; July 8, 1993 i I b 1 311L 131993 oraVllle, Ctalwf MIt4 , RE: PROJECT REVIEW ENVIRONMENTAL EVALUATION Martin Baumann 1_ nr,.ipsed is preliminary data our office has received or generated cornceming the We are ri-taking an assessment of possible environmental impacts and will be preparing, s,a environmental document, either a Negative Declaration, Negative Declaration w'ilit ,`Aikigat pkz Measures or an Environmental Impact Report (EIR). to our area ofannoncefactual, statements,peideas for investigation, or opinions you can offer, t relate to either physicJ, social, or economic r. , acts that this project may generate. Please xespond 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 environmental impacts, which are potential from the projcct. We ap?reciate any assistance you can provide. Sincerely, Larry Painter Planning 'Technician Comments: Des your agency wish to receive a copy of the environmental document (initial study for Negative Declaration. (with or without. Mitigation Measures) or EIR for this prcjea: ). Yesry Martin Baumann 1.71 Wright Ave. Gri,Uey, Ct - 95948 RE; Variance AP#024-110-066 Dear Mr. Baumann, Loftutt runt PLANNING DFPARTMF-�NT 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-0397 TELEPHONE (916) 536-7601 This is to notify you that we hale received sufficient assurances - from Butte County Envirom,.ental Health and Public Works Division that your project can meet their requirements. This fulfills the Pre -Application review process. Pursuant to the Butte county Planning Division Project Review Procedure Manual which _tates, "Upon tentative approval of a land use permit or variance by the Environmental Health Department and Land Development :Division, the applicant must submit a complated formal application, including any required changes from the original submittal and the balance of the fees within six (6) months of the tentative approval." No additional work shall be performed on this project until we have received the remainder of change« from the original submittal. and, if any, required the application fee in the amount of $410.0 Please submit the fee aloi.q. with any required changes from the original submittal to the Butte County Planning Division no later than January 8th, 1994 or your application will become void, and in order to continue the project, you will be required to re -apply. Please make all checks payable to the Butte County Treasurer. Enclosed is a field marker for identification of the project. Please secure the ribbon in a conspicuous place on the site, preferably visible from the roadway. Yf you have any questions regarding this matter, please do not hesitate to contact this office any weekday between the hours of 8:00 a.m• and 5:00 p.mw Sincerely, Bill Fatrell Director of Development services .1- "Larry P niter Planning Technician f DIS TRIG UTION LIST FOR: COMMENTS RESORUCE MANAGEMENT +r'ounty Public Works County Environmental Health Countv Building Department city of Biggs *i ty of Chico City of Gridley Witty of Oroville Town of Paradise. PlannIng Department. Ctate Trane ortation Department DCXEST— :tC7iATER Zatte Water District california Water Service Co. Del Oro Water Co. 141D ermalito Irrigation District bier =ITIv, a _P1'E North (Chico) =,(,;6E South (Marysville) Pacific Bell. Mate TV Cable 'Viacom, %V Cable ?T -V " ROTECTION 1 Medio Fire Protection Dist. County Fire Department/cw State Water Resources Dept. U.S. Forest Service U.S. Bureau of Land Management Butte County Mining Committee State Department of Fish & Game California Native Plant. Society State Div. Forestry- attention Craig Carter Regional Water Qual. Control Bd. SEWERS R,4chvale Sanitary District North Burbank Pub. Util. Dist. .Skansen Sub. (CSA #21) Stirling City Sewer maint. Dist. Thcrmalito Irrigation District IRRIGATLQN WATER Biggs -W. Gridley Water„Astr, ict Butte Water District Durnam Irrigation District _ __--- OWID Paradise Irrigation District Ri _ %vale Irrigation District 'able Mountain Irrigation Dist,. Tharma ito Irrigation District DRAINAGE 'D'STRICT u 0SCQU I 'O ABATEMENT DISTR c Durham, Orovil:lle or Butte County P�3LIC� PROTECTION RECLANAT] ON DiStRZCT Mate Highway Patrol w county Sheriff OTHER 90__Hb zT�r. EES/gOMMIS8TONS �c�Calr DZsTRicT RE'C'REA''a"'IC7ir” FACILITIES Chico Area Recreation District Durham area Pec. & Park Dist , Feather River Rec. & Park Dist. __ .. Paradise Rec. a Park Dist. Richvale Rec & Park Dist. ,State Parks & Rec. Dept Paradise Pines ,Architectural Control Committee _.. Butte County Farm Bureau, Community Association Environmental Health BUTTE COUNTYPLANNING AEPARTD+EENT JUN 2 11993 PRE -APPLICATION REVIEW F RM orovllle, California To: �:'fz,:��.� �.� ..�,�.�� z< � Planning Department Date: June 1$, 199 JUN 3 0 1993 Ornviite, Calir'arnia RE pre-HPPlicat on Review Information for: 43 -rte Martin Baumann- Variance Enclosed is preliminary data our Office has <, concerning the following project: VARIANCE ecei.ved or generated the minimums o-�e._.tsLallow a 3.5acre and. Z - 2.5 acre arcels located in an A-5 Z 8.5 acres, located on the north side of Tiri ht Ave, a r -Ast �g waY etween Wright Avenue .and Nielson Avenue, Gridley AP#024110-066 Zoned A-5 Please indicate your response by checking t?xe appropriate boc. No requirements for this project. The project as .proposed canmeet this Departments requirements. Sufficient proof h the aas been given that - ..ca.-�` can meet the fci lowing =ndit ons ptpproved I Lvo 4It The project as proposed can/does not meet the requirements of this depart.-nent. A revision of the project w,i. ,L be necessatl. Tne applicant has been contacted with this information. Signature: fi � i-1.1 u BUTTE COUNTY P1,ANNING DEPARTMENT PRF; -APPLICATION REVIEW FORM Date PI Oroy�11e, 9�7flfarnJ� June 18, 1993 RE: Pre -Application Review Information Lor ;'�- Martin. Baumann - Variance �n:losed is preliminary data our office has received or generated oanlOsed g the following project: VARIANCE; TO the minimum lot Gi.e mallow a 35 acre and 2 - 2.5 acre parcels..located in an A-5 Z 8.5 acres; located ,.fin the north side of 14 ht Ave. aarax 150Q_ft,_D 4 ig way 99 between wzight Avenue and Nielson Avenue, Gridley AP`024--110-066 Zoned A-5 Please indicate your response by checking the appropriate box. No requirements for this project. The project as proposed can meet this Departments requirements. sufficient proof has been given 4%-.hal- the hat the applicant can meet the fo?l.owing conditions appro;ped; / t�J,,-c, �t �:7/tz_�t a=a e S / •h� 9 Ya;,. �.� 01 t'�ea r e / /,• t /gyp/J, A v i/I The uirements c this departmeproject as s nt meet. the n nxoposed can/doentoO revision ofqthe project ,,,ill be necessary. The applicant hasbeencontacted with this information. 7 Signature: -_ .-� _ 9 T. 17 N. R.3 E: A4. D.B L I t..L Orcin ! 'r-._` �, • i.. �J - l�1 CI ? /` /B67 Sa.o..®. �� 1rsa f J Fr hr 1 7��� 0-084" G342 329,83 92,J2 ' °ct:. 329,88 42u..�2 253 AVE. CS /� ),o)M %6 J �G.i 2 J • 66/.32 l6I t h l ^; V 59 346 5.7940. � 162 4.68AC a 4.89AC 6 0. s� ti h' ry m �^ PRS:_1 U3 to O) N 9 O /55, o z D /B3/62 187 1 11 y /O `° w 66 lens 4 �, // I w= 4 0 8 �a4c PM102-40 �' iJr. 7 a 3 ,309 AC A�s -99/,/34c I b 3 p 329.T1 329.71 71 c h O 4/0,33 TD N 2143AC, ko 636' 4 / c a 63 4W 4c. ti r, 385447 -15 /0 (/N /B /7 > /610oS41'^ ►O, �O.00 b 9�p1 Ac , J2`4'%7 0 — .:2 73 w 0.0►s;.,a �t. '' �1, /5 /d 4.• 509.47. 1 1 ✓ , 1 h g e, GIS/J.�/ LsZi t j -/94f en / _ -r M �° Im• 67 if (554,445 ►+y 2A3 '— 98 RI 15AG w co ac ..; _48.0 9 20, t��• , a �-- _ WRIGHT 14;Vl /60 . ....... N co Qco� 68 S m :1c�' 8.5AC "' a� AVE.. 'n rC 5:2640. M ° N 19 W 2 ;V 79) 1 930 b 0 20 l *+'� 27 348.60 2' w 3t3Ev . i- 699.65 `� 327!7 r2 . W "' e 7 146:0 23 c� m 52 rr// `4 5.70AC• �y (� N a x`51 b +JP P4 �-^' 3 4,g.78-2 30 b "P07 f7 9,`5sol�, Y 'x.89 204 204 1a~ ►!.SAC 23348 6`60,6.6 Q i a'r � r � 1 I � i 7.CC/�iC � � � Q b',c'( g � I rn oe 74 9G �► zoo °21?� 148 149; 50lm � 3D h s �\ 65PACf 2, 2, A IfgO, o°, 9 hb94 y W 2 7 �. �r 4 ' 29 i�j f%Gr s►oagb t� 28 N X158 1,75AO' 3t.�3ar. 2.11Ac c'' 1/Ac r >- ►b 27 �O6 0- 6f0 86-- 0 rJr4�--�.aC O ... ' Pm 65,c; f 204 ?04 . Z ,23 b 26 00 %D 2' 15T 25 338. Q m 3 660 � a /0� lc:. .:23.48.. CO. QU E 50 aC r'"Z °• � 88 0.518il� � y 12 7W E " ' �1-c o r��� N� o , a45A�. E. EVANS REIMER -�� o �6 1 /32 /32 lo.. 264 ti 8✓, F i 13 18 � sa s2,r� za►.96 Pip (9 '9 _ ROAD P' I .10 7 k 1 C% 3� 6 Pp GRJDLE`�' GO L©NY M0, i M. O. f� BK, � PG . 37 • CRAIG SUB, N0. M. O, R. 8K: 10 PG. I ASSES80R'SAP14 moor"= rOUNTY, OF "Bu I