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HomeMy WebLinkAbout029-100-029-!- �• .1� ' t vr.. yrs �F s'4, y 4' t . c•j f L �1u• `� r"• w far. t 1 p '. YAP J' •. IR„�• 1 p�Yr'� x , '. 8 C • w. r ,:d` rw •�., ,+ „ f �n• r Y ' •,^ 1; r .. dip ppb".2g»1v_4� Lr�YD HORNUAR. 7 Log side storage F '+nerty rq� �` 1NNXNG COMMISSION SUMMARY BEET APPLICANT ' Loyd Horn Loa P84-01-31-01 ADDRESS P.O. Box 147,_Richvale, Ca. 95974 OWNER Richvale Irri ation District P.O.. Box 147, Richyale, Ca. 95974 PROJECT ?7ESCRIPTION Variance to side yard setback to allow a 12 feet N PROPERTY ZONED A-40 LOCATED on the north side of Richvale East Highway 800 feet, east of Riclivale South Highway (Midway) ASSESSOR'S PARCEL NUMBER(S) IDENTIFT.RD AS AP 29-10-29 GEN. PLAN PROJECT CONSISTENT? CITY] RichvaJe DATE APPLICATION RECEIVED 1/26/84 DATE REZONING PETITION SIGNATURES CHECKED r-- PERCENTAGE �¢ DATsl LEGAL DESCRIPTION PREPARED OR CHECKED: DATE PUBLICATION NOTICE WRITTEN '5�- P4�4 Thr/ PUBLISHED DATE DISPLAY AD PREPARED �"`" PUBI,ISIIGD PLACE NEWSPAPER NOTICE(S) PUBLISHED C. P. G B. DATE MAILING LIST PREPARED DATE MAIL -OUT NOTICES WRITTEN MAILED NUMBER �Kx ENVIRONMENTAL CATEGORICAL EiXD OTION - DATE PILED DETERMINATION AND DATE NEGATIVE DECLARATION DATE ADOPTED ENV. IMPACT REPORT - DATE CERTIPIED OTHER COMMISSION HEARING DATES COMMISSION ACTION`� k�' t ,;`h,': r'� +��av Lr u ti ' �'yt 1 ti �`rc ....; ' o . c.t l BOARD ACTION ORDINANCE (S) ADOPTED COMMENTS VARIANCE BUTTE COUNTY PLANNING COMMISSION S$A£tz� DATE 84-24 VARIANCE NO. a M 29-10-29 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Loyd Norn Is hereby granted a Variance NAME In accordance with application filed: 1/'Z'0/84 teak{" "Ade YaV4 Setback to allm a u'"i,iJ3'ago t3tzllcling, 131(dete)f-ron tjj o ploparty 11110 oil gila3per y �za�aaptl 14 fit tgt;t f e�. xr fk oxc.�n o f or-, Iiiahl --i 800 footo cast of Ri Cl1.9?`alo Foul' J11g1way, (Midway), � i €:hva o. SPECIAL CONDMONs 1# Proposed Bull i nfl to be at 10Qst 15 1'00 VTOM 1,111y pure of the 2. Applicnut mins r a:Ltao C()j,) ly vit li all DWI= ttyl pliea blo sea t} 0.11 t I horeby declare under penalty of perjury that f have read the foregoing conditions, that they are in fact the conditions which were Imposed upon the grafting of this variance, and that I agree to abide fully by said conditions: Applicant NOTE: Issuance of this variance does net waive requirement of obtaining building and Health Dapartment permits before starting constructlon, nor does It walvd any Other roquiranients. ir0: Health Department Department of Public V11Orks (2) _.. rite Departmdnt I:halrirltln ni t'Idn�tiln� Com�tiilesiaA BUTTE COUNTY PLANNING COMM13SION APPLICANT: Read and follow instructions asset torth on reverso side of this form. Applicant's Name, Loyd Born -_ Phone No, _S r�pplicant'sMailingAddress P. 0. Box 7.47, Richv'alo, CA 95974 Applicant's interest in property (Owner, lessee, other) Manager Owner's Name Richvale Irrigation District- phone No. $82-4243__ Owner's Mailing Address P. O.Box 147, Richvale, CA 9597r't Assessor's parcel Number(s) Location And size of parcel(s) 11 Jf0__ Present toning - r4 w 14Q Type of variance requested: Lot area or building site - --- Mobile home size Lot width - - Parking requirements y. Front yard setback _, Livestock requirements Side or roar yard setback Sign requirements other (specify) bZer i an irrigation district and a public Description of proposed use and reasons for variance agency °�@ �cace °r._c=a��umhr nam constructed a small building to be ttsed during the winter season for construction of structures and facilities and ampL'tai Lid t7c7 i v pt j=jJ on..3et to w; tt„_ ` n n7 ; cant:!.s set i.ce area.Owner Is property is ?pound on the north by property lease by owner, on the tAt~st by Southern pacific �r=22Lportation r aixi oin 4 -he cast— by f:ad-Tllt"es Fbr aa�ge "District #7.00, which facilities aro maintained by Cxwner j A 25 fort set back requirement t.iould re reihi% 1ati=—of i+h hill 1�_mi r dlo-af Owner s parer , 18H--w6uld effectively eUxdnate use of this area for tnai.ntentmce of equipment and facilities necessary for the conduct af: Oumer s t �. I hereby declare under penalty of perjury that i have read and understand the instructions and that the foregoing state• merits are true, complete And correct to the best of my k-towledga and belief. Datea;CL.h t 19$►f Applicant's signaturr. Project File number ` s"`T" S - BuNe Co, Pjanntng Comm, Location and size of parcel(s) cawY;iie, ectutt,tlh, Verify: V A,P. Numbor(s) „ Ownership Proof of Agency (if needed) Zoning and Requirements Location Description ,. ✓ 14 copies of Plot Plan Date recfaved _ / l-6 ' Receipt No. ■ Any variance granted shall be subject to such conditions as will assure that the adjustment thereby Guth. otized shall not constitute a grant of special privileges inconsistent with the limitations upon other pro- parties in the vicinity and zone in which such proparty is ituoted. Any such condition imposed upon Issuance or a variance must be related to the use of the property for which the variance is requested. A variance shall not be granted for a parcel of property which authorizes a use or activity which Is not otherwise expressly authorized by the zone regulation governing the parc,:I of property. '7. Appiivatloh fees as of�� �� (date) are S � �1 ��0i �l=ees maybe paid in cash or by check made payable to "Treasurer of Butte County". 8, Before submitting a variance application, applicant is requested to Discuss with staff all questions about oplication requirements, County procedures, zoning provisions and "special circumstances", a UCTIONS TO VARIANCE APPLIC l TS ( 1, If applicant is not the owner, written authorization by the owner or other proof of agency must be sub• mitted in order for the applicant to legally sign the application. Application shall be considered void if not signed by the owner or legal anent. 2. All items on application shall be filled in as completely as possible, If an item is not applicable, please indicate by the term "NA", i i. 3. It is important that the apWiLant supply an accurate description of the lotion of the proposed project, inch 'ng the following; a. Assessor's parcel number(sl (from th , tax bills or Assessor's Maps). b, Street addresses (if available). c bistances and directions to named streets, bodies of water or railroads, ' 4, Fourteen (14) co(ld)s of a detailed plat plats of adequate scale tri clearly show, proposed buildings and improvemepts, folded to 8% x 11 inches, shall accompany and be made pert of the "Application for Vara- ante",'rhe plot plan shall include the following information; a, A scaled drawing of the parcels) boundaries. b. Location and dimensions of all existing and proposed improvements an the properry, Includ• ing buildings, driveways, parking areas,wells, septic tanks and leach fields. b, Location and name of bordering streets, access roads, nearby crossroads, streams, bodies of water and railroids. d, North arrow and scale of drawing. 5, The "Application for Variance" is subject to public hearings and approval by the Planning Commission, Any special conditions of approval shall be made a pert of thA approved "Variance" and shall be binding on the applicant. The procedures for County action on variance applications aro stated in Chapter 24 of the Butte County Code. y 6. VARIANCES from the terms of the zoning ordinance shall be granted only when, because of special ciWIMSta""S applicable to the property, ihrhidifig site, shape, topography, location or surroundings, the strict application of the zoning ordinance dhprives such property of , -Wlegas enjoyed by other property in the vicinity and under identical zoning class) ication. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby Guth. otized shall not constitute a grant of special privileges inconsistent with the limitations upon other pro- parties in the vicinity and zone in which such proparty is ituoted. Any such condition imposed upon Issuance or a variance must be related to the use of the property for which the variance is requested. A variance shall not be granted for a parcel of property which authorizes a use or activity which Is not otherwise expressly authorized by the zone regulation governing the parc,:I of property. '7. Appiivatloh fees as of�� �� (date) are S � �1 ��0i �l=ees maybe paid in cash or by check made payable to "Treasurer of Butte County". 8, Before submitting a variance application, applicant is requested to Discuss with staff all questions about oplication requirements, County procedures, zoning provisions and "special circumstances", a LAND OF NATURAL WEALTH AND gEPU1'y PLANNING coMMISSI'ON 7 COUNTY CENTER DRI' z .- ORCVILLR, CALIFORNIA 95966 PfJ ON E: 534.4601 January 31, 1984 Loyd 11oTn P.O. Eox 147 Richvale, Ca. 95374 Re, Variance !kP 29-'10-29 Dear Mr. Elorn; This is to notify you that we have veceived your application :for a Variance to side yard setback to al.l ow a storage build- ing 12 feet from the property line on property zoned A,-40 (Agricultural 4Q acre parcels) located on the north side of R9chvale East Highway 800 feet, east of Richval.o south HiLghway (Nt idway) ,, in Richval e . We will schedule public hearings at such time as the xucommen' dations of the Department of Public WorJ0 and Lnvivonmexttal. Sanitation have been received by this o,1' fico SinceToly, C�119 el . A. ICiTc}Ger r Dlvoctor of Planning BAX I,e Z DISTRIBUTION LIST FOR REVIEW REQUESTS County Public Works County Env. Health City of Biggs City of Chico City of Gridley City of Oroville. Town oil Paradise County State '1`r nsportation Dept, IC WATER Berry Creek Water Co Bloomer Mtn. Mutual Water Co. Brush Creek Estates Butte Water District CA Water Service Co. (Chico urban°area & part of Oroville) Del Oro Water Co, (Paradise Pines) Feather Ralls(Louisiana Pacific) Forest Ranch Mutual Gran MutualSkansen Sub.) Green Acres (Glenwood Dr. -Chico) Gridley Farm Labor Camp " Lake Madrone Water Dist. Magalia Co. Water Dist. Merry Mtn, 'Mutual (Clipper Mills) Mulberry Water (SE Chico) NorthWoods Mutual (Forest Rnnch) Ramirez Water Springs of Living Waters S(tirlingdcityson SpriDas) (Diamond International) Vista Mutual (Durham) COMMUNITY SERVICES I Lime Saddle Comm. Serv. Dist, DRAINAGE / _, Butte Creek Drainage Dist_, Pacific Gas & Electric / E1 Medio Fire Protect. Dist, County Fire Department - State Division of Forestry MOSQUITO ABATEMENT DISTRICTS V Durham, Oroville, or Butte County POLICE PROTECTION State Highway Patrol County Sheriff IRRIGATION WATER / Biggs=W,—Gridley Water Dist. Butte Water Dist. Durham Irr, Dist. Oroville-Wyand, Irr. Dist. Paradise Irr. Dist, Richvaie Irr, Dist. Table Mtn. Irr. Dist. -T— Thermalito Irr, Dist. R=ATION -FACILITIES / Chico Area Red. & Park Dist. 1 Durham Area Red, & Park Dist. ..�I Feather River Red. & Park Dist. 7— Paradise Red. & Park Dist. Richvale Red, & Park Dist. State Parks & Red, Dept. r„___ State Fish & Game Dept. SCHOOL DISTRICTS Biggs Unified Butte Community College Butte County Sup. of Schools - — CA State University* Chico �7— Chico Unified 'T'Durham Unified Feather Falls Union Golden Feather Union Gridley High Gridley Union Oroville Elementary 00oville Union High Palermo Unified Palermo Union Pioneer Union Thermalito Union SEWERS .../._, Richvale Sanitary Dist. / N, Burbank Pub, Utility Dist, (S. Oroville & Kelly Ridge) / Skansen sub. (GSA 21) Sterling City Sewer Maint,, Dist, _/ Thermalito Irr, Dist, (CSA 26) RESOURCE MANAGEMENT / State Water Resources Dept, U.S. Forest Service / U.S, Bureau of Land Management OTHER BUTTE. COUNTY PU "OG COMMISSIOSI % COUNTY CENTER oRIVE - OROVILLE, CALIFORNI,. 95965 PHONE: 534-4601 To: Southern Pacific Trans. Co. DATE; January 31, 1984 6th and A Street Marysville, Ca. 95901 RE; PPOJECT REVIEW AND ENVIRONMENTAL EVALUATION Lot ##84-01-31=01 Enclosed is preliminary data our office hao receitrnd or generated concerning the folloW: ng project. AP 29-10-29.- Loyd Horn - Variance to side yard setback to allow a storage building 1.2 feet from the property line on Property zoned. A-40 located on the novt!A side of R chyale Past Highway 8.00 feet, east of Richval;e South Flighway (Midway), R hva.le. :)•x a -e malcing an asseasment of posaible environmental impacts and will: be prepai Ing an environmental document, either a Negative Declaration, Mitigated Negative Declaration or an Environnivatal Im,pat t :Report.. Please provide any :factual statt;ments, idea„ for investigations or opinions you can offer; in your area of concern or expertise that rela',-c to either phyoical., social, or economic impacts that thin project may gener?tue, Please respond within 111L days of the above -noted date. Ir no response ise generated. by this inquiry, than it shall be a.^,.cumoa that; there are no significant environmental impacts which are poterit;dl from the project. We appreciate any aorsistanre you esti provide: Sinoerely, Rick Rodriguez I Planning Technician Cot�mentas: (Write or type in space provided & return thin v,hoot, ) w BUTTE. COUNTY PLP -ING COMMISSION 7 COUNTY CENTER DRIVE - OROVILLE CALIEORNI,, 05965 PHONE: 534-4601 T0; Riclivale xrrg. Dist.. DATE: J"aiwary 51, 1984 P.O. :Box 147 Richvale, Ca. 95974 RE: PROJECT REVIEW AND ENVIRONMENTAL rwALUATION toy; #84-01-31-01 gncl.osed is preliminary data our office has received or generated concerning the following project: Ali 29-10-29 -_Loyd Horn - Variance to side yard setback to allow a: storage building 1.2 feet :from the PrOperty line on property zoned X1'-40 located oil the north. side of Ri,chyale Bast Highway 800 feet, east of Riclivale Sough Hi hrva RLchva1e. We are maltirrg an assessment of possible environmmbal impacts and will be preparing an environmental document, either a Negative Declaration, Mitigated Negative Declaration or an xanvi.s. onmc�sital Impact Report,. Please provide any f-totM:al ntatemerlts, idra for iftVdaLigation, or opiniorif� YOU can offer in your area of concern or oxperti.se that relate to either physical, social., or economic impact.,' that thin project may generates Pln�ade respond within lit clays of tht, above -noted date. Tf no renponne in generated by this inquiry, then it shall be assumed that there are no significant environmental, imp.j t.: which are potential from the pro jecL. We appreci4t w any a.ssistanc o you cna provide. Sincorely, Rick RoclrigLI02 Planning Teehnic:itM Coipmetlts {Write or type in space provided to ;return this BUTTE, Ct1UNITY F'"PINING COMMISSION • 7 COUNTY CENTER DRIVE OROVILLE, PwNF 534-ii601 TO, Lynn Vanhart, Env. Health r "a Co. Planning Comm, CALIFORNIA 95„65 FEB 31984 0MV111e, calif0mla DATt: January 31, 1984 JtE: PROJM REVIEW _Atm j ENVIRONMENTAL EVALUATION � I Log #84-01-51-01 Enclosed is preliminary data our office has received or generated concerning the following project: AP 29-10-•29 - Loyd (torn, - VIlriance to side yard setback to allow a storage building 12 :Feet from t'`e propexty line oft property zoned A-40 located on the north side of Ri.chya,le East Higlivay 80_0 feet, east of R•ichirale South Highway (Midway) R: c.hv'ale We are waking an aisecsmenb of posoih"le environmental impacts and will 'be preparing an environmental documont, either a Negative Declaration, 'Mitignted Negative Dec'larati.on or an tnvironmental. Smptict hoport. Please provid+i any factual statementoi ideao for inventigaLion, or opiuioni you can offer, in your area of concent or experbi.so tliat rotate to eiL-her physical, social, or economic irisact:; th°it this projr:ct may genorate. plea6a respond within 14 ciary;i of the above -noted date. If no responsa i.4 generated by thic; ingtri.ryj th:n it chatl bi ar;numrd that there are no . aigni'ficarit environmontal impact r which are poLenLial. from that project. We appreclaLe any as istancc- yulr can. �1I'C)VidC'. si.naercl y, HEALTH JAN 3 11984 OrOV010, California Planning Technician ' 61.— y ,si.J�1` est (Wri tr• or type, In & V Lut'n the;r BUTTE, COUNTY F. 41ING COMMISSION t9 f����L,�,�,,�� COUNTY CENTER DRIVE ~ OROVILLE, CALIFORNIA 95965 PHONE: 534-450. TO: John Mendonsa, Public 1`rorl s 1)Ar.E January 31, 1984 RE: PROJECT REVIEW AND ENVfl2ONt4ENTAL EVALUATION " Log #$4»01-31-01 Enclosed it lreliminary data our office has received or generated concerning the following project., `All 29-10-29 - Loyd Horn - Variance to side yard setback to tallow a storage building 12 feet from the property line oti property zoned A-40 located on the north side of Ricltyale East Highway 800 feet, east of RiLchvale South N ghti ay (Midway), Ri.chvale We are making an eacosee,sment of prw c;ibl,e environmo-Jal impacts aid will be preparing an environmental doaumont, cwithor a i7f,1,,,at1ve Docl.aration, Mitigated Kegativo Doolaration or n a Enviroti,npntsl Impact; Report. please provide ady Tactual atatemonts, idea,; for inve;tigation or oninions ,you can offer 3.n your area of concern or oxperL.i„e that reji:tte to eitlt:- phyrAcol,, vocial, or economic imlxacts that thit pro,incL may generate. .Plea e respond. within 14 Jay;.; of the abovownuLorl date. It no response is goeetated by this; inquiry, then it ohat.l bo anumad that there are no ai.guificnnt onvir.onmuatal imauarts which are potential from bite project. We appreo�ate any asaitct-,nett you cant providei li%vorely► itutio Co, Planning Compose C• r i 6 1984 Ri. ck lZo dr i gu e r, �._ �” r;?ravillo, "forrat Planning Technician Dammentr�: CV��.L-a" (Welty or ty,l%r, in zopticw: lazovided & return this chvot.l 4 a BUTTE COON'lY PLANN Nri CC1MA1'f SSTON Notice Is heroba,r givo)i by the 131atte ('01111ty Planll i'llg Coanaal i s';ion that put)lic llr.aring;s will, be held on 'I'laursclay, rllrr l7 1, 1584, 111 the Butte Coujity Board of Supe visors' Room, Admillic-Cr.at{ioll Colltol', 25 County Cont0r Drive, orovi;lle, California, regarding tl1e followng items :at tl,e following ti.mcs: TT BN1 IM Tl-" RINJ T NETT TO B CAT1'Col .Cc,�I,1,Y I�xr.` lI''I FROM I-INAUR(aNA9ENTI11. Iti:VTEW 8.50 p.r►►; Lcjyd lJorn - Variance to side yard. setback to ;glloly a StOl'age buiVing 12 feet: frown Che Pxnperty line on property •:on.cd A-40 (Agricul tural , 40 acre parcels), located on tho north Side of Ric lival e Bast l4ighway 800 feet., c ,*Ist of Riclival e South Highway (Midway), identified as AP 25.10-25, Riclivale. REGARDING`NVlltq;v;<ll i'V l A.la 1 1111' CT I3a5� Tit i �1. It1iC;C�11*9I"s1\�1�ED 8:45 p,m. ')avid Whitr USC Permit for tlae senregatioll of a 110111,;s i tr ill an A -S (Agri, cultural., 5 acre parcols) 20,10, lrctited on the cast side of Upham ]toad, appro\ilnatcly 1. 111110 northeast of Laporte Road, idoptifiod is All 28-31.-02, northoast: Of Ban of lc� above m0ntioned ppl i e at;, ons 'y' -o Gaya rile "nid ca�ra i ;l abl o for public vielvIng at the office of 11'.'olaa-ty P1,11tning Depar*a1rC1ai , 7 Cou11t,y Center Dri'VC, 0r0lrille, C, ►3a. BUTTE COUNTY PLANNING CC)MMTSSTON B. A. ORCH13R, l7MECTOR 01; PILANNTNC T'o iso published in the* 01 ovIlle 1`Cc� . ctay j> OTI T'hurs(lca)r, Vebruary 16o 3984. 29-10-19 29-10-21, 41, 42,43 i 29-10-29 # :. 'Lundberg 32,a Loyd Horn E. $ R. W. Floyd Lofgren Richvale Irrg. Dist. West Road 200 So. Sunnyside t P.O. Box 147 ° Richvale, Ca. 95974 , Sierra Madre, CA. 91204 Richvale, Ca. 95974 29.155-3, 29-24-43 29-24-44, 46 ! 29-24-58 a Butte Count Rice Grotior y P.O. Box 1'L8 Richvale Race Drier Inc. � Butte- County Rice Grover Riclivale, Ca. 95.974 P.O. Box 36 P.O. Pox 123 Richvale, Ca. 95974 Richvale, Ca. 95.974 29-10-13? 29-10-35� " K. S. & S. A. Macy D. W. & I. Wangberg P.O. Pox 83 � 6281 Virginia Way c Richvale, Cit. 95974 i _ Paradise, Ca. 95969 29-10-36 29-10453, 59, 60 29-24-16, 45 Donald W. Wangberg etal y. A. P. & B. Lindberg ; W. F. A C. .T. Stone � P.O. Box 296 P.Q. Box 66 P.O. Box 189 Richvale, Ca. 95974 Rich,v'ale Ca. 95974 Richvale, Ca. 95974 29-1,0-10 josiassen Farms Inc. C P.O. Pox T } Yuba Casty, Ca. 95991 i C r i h n 4 February 100 1984. Loyd horn P. p. Box 147 Richvale, CA 95974 RB: Variance AP 29-10-29 Dear Mr. Horn: am r� Butte U'ounty LAND Of NATURAL WEALTH AND BEAUTY PLANNING COMMISSION 7 COUNTY CENTER DRIVE •- OROVILLE, CALIFORNIA 95465 PHONE: $34.4601 , 1 copy y l:.tomption filecl Fsnclo$ed Tease find a co of the Notice al" with the Butte Count Clerk on Februar 8, 1984 This is exempt froni eYlvironmental rcv:.ew And ias been s cltilod for hearing with the Butte County Planning Commission for March -1. _1984 Should you have any questions regarding this proJcct, please contact this office, Sincerely, �� L Iticomeh A. Streeter Senior planner 8As:Ikt hnc 1 )NOTICE OF EXEMPTION TO: i Secretary for Renounce 1416 Ninth Street, Room 1311 Sacramento, California 95814 County Clerk, County of BUM 25 County Center Drive Oroyill e,_California 95965 FROM: Planning Department 7` County Center Drive Oroyill.e, California 95965 APPENDIX A L E FEB 8 1984 ELEANOR tA, BECKER, County Clerk W.2AC1NrH Deputy By 84-01-31-01 (Viled) Project :Li t.i e Variance AP 29-1.0-29 Loyd ilorn Project Vocation �t Specific n he: nor slue o ;�.civa. e �as iUghway 800 feet, exist OC Riclival e South I-ligliway (Midway) Project Vocation City - County Richvale Butte D zar'ption of Nature, PuFp-6se, grid Eenefic:i.ar_i.es of Project Variance to side yard setback to allow a storage biiilding 12 ;deet :From the property line Name ol F' l Iic AV,c:ncyApproving Fro jest Butte Cclilnt?, Piannitig gomiiilssion N=- e of Person. or Awency uat:*,ing out 1'ir'o3ar.t — Lod Horn Exempt Status: Cll.ecli Oise Ministerial al. (Soca 15073 ) Eeci.arect EmerGeriuy (Soy.:. 15071 Qt)) EmorE�3ency ppo, ow u (Styr;. 11501/ 11 (b) anti (c) ) 77 Ca tenor Sttt'te 11'�n)e and c ot:i.on nuiibev., 5(a Rean'xxb why project is cxt:npt: Project n1 Cts tYio c1oC:tnitier or a C'I,ass 5(a) excinitioi . Contact Pe:roor 't't Code Wl ephone rxtcEz opt i3. A. Ki<'chor, .l'l nni:ag I)irectcsr ( t61 5344 4001. 1f fi,l.eci byapp i.t ont: _ . 1, Attach C'i:C'�.id'taf?t� t�.ti lXTi2t't"..i yl� t"�< i1�7tL11C1 ,x':l.ndinG. P-. ITas a no.tico of cit,=�Ll)t.+0,) taec'rt i.`i 1.cIxc1. �o-y lel:!. ;pith], c'3.i!»-tr`'noy .:ipp.T.'o11'irig tl�L-" P1-'GljCc1:? yE'o itj do y�e ��. �4' � L. rte, s„ ✓t�"��� �... 4 i �i�� Steplw.n A. ,St,.ry for `' :`.�b 4 Y Loyd Horn Tj,O.. Box 147 Richvale, Ca. 95974 tK/ou LAND OF NATURAL WEALTh ANIS REAUTI? PLANNING CONINIISSION 7 COUNTY CENTER DRIVE d OROVILLP, CALIFORNIA 95965 PHONE; 034.4601 February 17, 1984 Re i 'Variance AP "'t-70-29 bear Mr. Horn: Enclosod Jr, a copy :)f Staff f,Lndilrgs P.oncerning your applica- tion f-av a Variattcr• to side yard setback to allow a storage buildl.tlg 12 feet :from the property line on property zoned A- 40 located on tlao rlortli side of lticlivale Bast Highway 800 feet, r,lot of Richva.le South Highway (Ntidway), Ric:hvi-le;. A public hearing ha:; born set for r,f:tTcli 7., 1984 at 830 Pon. The meeting wIl l be held in -.lie Board,, of Supery .sor s' Rooth, 25 County Center Drive, Qzovi:lle. Should you have any IV qt on.- ,I•*•vi;;:Lrrl ink tll' s (natter, please con- tac't this off...0. sincerely, tl5, P. lCIre Mr D,,. -rector of Plamiing MK l r" Pine. FILE NO: AP 29-10-29 BUTTE COUNTY PLANNING COMMISSION STAFF FINDINGS - March 1, 1984 APPLICANT, OWNBR; REQUEST: AP No. SIZE: LOCATION; EXISTING ZONING: ZONING H15TORY: SURROUNDING .ZONING! SURROUNDING LAND USE Loyd Horn Richvale Irrigation District Variance to side yarn setback to allow a storage building 12 feet from the property line. 29-10..29 12 acres Ox's the north side of Richvale Bast Owy. 800 feet, east of Richvale South Hwy. (Midway;) in Richvale A-40 Zoned A-40 June 17, 1975 (Ord, 1589) A -S, A-40 West Southern Pacific Railroad tracks,_ oast drainage ditch., rice lands, scattered residential. GENERAL PLAN br,gIGNATION Orchard and Fibld Crops APPLICABLE ItBGULATIONSt 24-49, 2481, 24-41 COMMENTS: Public Works: "None" Environmental health., ,No objection to variance. 1. Proposed building to least s.—T-`rom any part of the sewage disposal system." ANALYSIS: The A-40 zone requires a 25 foot side yard setback. Of the 7 buildings on the property, 4 are on the western lot line, 2 are within 15 feet of the eastern lot line, and one within 12 l/n feet of the eastern 'lot line. The building which is the subject of this variance has already been con- structed) without building permits, inspection or approval. The remaining 6 buildings appear to have bean build. prior to 1.975; and should be treated as a pre-existing nonconforming use. FILE NOi AP 29-10-29 BUTTE COUNTY 'PLANNING COMM18SION STAFF FINDINGS - March 1, 1,984 The applicant has indicated that compliance with this setback would constitute a hardship, as the building would 'Chen be in the center of the lot. This site plans shows that there all many places on the lot for the building while loaving the central portion free. RECOMMENDATION: A. Note that the project is Categorically Exempt from environmental review and B. rind that the project complys with Sections 24-41, 24-49 and 24-81 of the Butte County Code; finding that the additional building will not intrude into the side yard setback any further than the existing buildings; and C, Approve the proposed variance to side yard setback on AP 29-10-29 (Horn) subject to the following conditions; 1 Proposed building to be at least 5 feet :Groin any part of the sewage disposal system. 2. Applicant must also comply with all other applicable State and local statutes. ordinances, and regulations. tMT;1r Attachments for Comlti.ssion � Cities Site Plan Exhibit Map Loyd Horn " Variance (item determined to be categorically exempt frrin environmental review) to side yard setback to allow P. storage building 12 feet from the property line on ploperty zoned A -4C located on the north side of Richvale East Highway, 800 Peet, east of Richvale South Highway identified as AP 29-10-29, Richvale. Staff read the analysis from the staff findings. The hearing was opened to the public. As no oue was present, the hearing was Closed and comments confined to the Commission and staff. Chairman Schrader discussed showing a hardship for this Variance. Commissioner Avis stated, that there was an alternate site for the building. Com1hissioner Lambert asked it the Commission could ignore the tindings for granting a variance. County Counsel stated that the. Commission had to make findings for a variance. Commissioner Lambert stated that the building was alre-ly there without permits and questioned if the variance would, have been approved prior to the building being placed there. Commissioner Behunin stated that It would be an unreasonable hardship to move the building. Commissioner Lambert stated that the findings had to be on: size, shape or topography of the land. I County Counsel stated that thAt was what the statute states. Commissioner Lambert stated she would not condone this type of after the fact application. Commissioner 8ehunift stated to impose moving the building would be unreasonable. George Robison) City Of 0VOVil10j agreed with similar action on this matter as on other variances the Planning Commission has denied, Commissioner Lambert Stated the regulations should be the same for all, Commissioner Avis also questioned whether the variance would have been approved if it had come in before the building was built. Commissioner gehunin stated he felt that he would have supported it due to the location of the ditch. Fred Gerst, City of Gridley, stated that if he was on the Commission he would have to deny this application. Commissioner Vercruse stated the basic problem with this type of Variance is enforcement when the violation is first observed. She felt the enforcement was tied intb the problem when we are know as a Commission which is lenient. On this Variance, she believed they were being discretionary. She also stated that each variance had to be looked at separately, that they were not all the same. Chairman Schrader stated that the findings were the Issue, not whether it is residential or agricultural land. You cai, iot be discriminatory. Commissioner Vercruse stated they were not being discriminatory but discretionary. Commissioner Avis stated it was discretionary within the terms of the statutes and�they were not concerned with the Board's action. CommistAoner Behunin discussed Violations and future appIteations genero ted from same. Commi.,sioner Vercruse stated there need to be continuity between the Commjssion and the 'Board of Supervisors, and it was time for a joint meeting. On subject would be variances and another would be ag. segregations. Staff was to arrange a joint meeting with the Board, possibly the 20th or 27th at 1:30 p.m, This hearing was continued to April 5, 1981 at 7;00 Pimy open. PLANNING COM18810g M'xNt TP.S March 1, 108.4 ' LAND OF NATURAL WEALTH AND BEAUTY PLANNING COMMISSION 9 COUNTY CENTER DRIVE - OROVII.0 C, CALIFORNIA 95965 PHONE; 534,4601 Loyd Horn March 2, 1984 P.O. Box 147 Riehval,e, Ca. 9574 Re: Variance AP 29-1029 Dear Mr. Horn: At the regular meeting of the Butte County Planning Commissiolu held March 1. 1984, the public hearing was continued open to April 5, 1984 at 7:00 p.m, to consider your application for a 'variance to side yard setback to allow a storage building 12 feet From the property line on property zoned A-40 located on the north side of Richvale Hast Highway 800 feet, east of Richvale South Highway (Midway), Richvale. The meeting will be hold in the Board of Supervisors' Roam, County Administration Center; 25 County Center Drive, Oroville, Callfornnia. Should you have any questions regardine this matter, please feel free to coilbact this office. Sincerely., B. Ai XIRCHHR DIR'W'TOR OV PLANNING Stdphen A= Streeter Senior Pl.annLr SAS: Ir MINASIAN, MINASIAN, MINASIAN, SPRUANCE, BABER' & MEITH ATTORNEYS AT LAW ^ OAVID H. MG)AMAN. INC, 1A P.ARTNER541P COMPOSED Or PROFESSIONAL CORPORATIONSI JOHN CARLETON CRAY., 1572.1913 PAUL R. MINASIAN, INC. CARLETON GRAY. 1093.1944. 1691 BIRD STREET AT O9 STREET PAUL JACKSON MINASIAN. 1933.1901 WILLIAM H. �pRUANCE. INC. - P. O. eQX 1679 WILLIAM H. PAVER 111; INC. JEFFREY A.-MEITH OROVIL'LE, CALIFORNIA 95965.1679 M. ANTHONY'.30AAE3 TCLEPHoNE 19161,533.2085 March 13, 1989 Michael Schrader, Chairman Butte County Planning Commission 7 County Center Drive oroville, CA 95965 Re: Richvale Irrigation District Request ,for Variance Log 484-01-31-01 Dear fir. Frader : of ,represents the Richvale Irrigation District. We ha, oo bi, a4-: ri- _1,I.,,st (Nd by the board of Directors to ^ommunicate with t-ne Comm! szi oµ?- , t11t , i wi th copies Lo other individuals eiy request for a var f:r ,4ter, with respect. to a who o wa,1.:L be aonsi,c��.i°ij T / 0, pending g . .i ..Ir.... -•1.1,vvii.tted by Richvale Irrigation District to the Planning CcrTari a °I '.111, v'rankl.y, the 'Board was somewhat concerned and disappoinLol tr,W' appears to be a rather straight forward and simple roquus. f,,r k,. variance, should now be embroiled in the middle of what xs appt r. ni-ly some type of an ongoing disagreement between the Board of supervisors and the Planning Commission. Lot mo express to you initially the goal of our variance request, and the reasons why we believe that granting of that varianco is appropriate. Richvale Irrigation District, as you knew, is a governmental agency and a political subdivision of the State of California, much like Butte County. Traditionall.yr the relations between the County of Butte and Richvale Irrigation District have been most cordial, as one would expect from local public agencies. We rocognize the goals and concerns of Butte County, as expressed in its zoning and plan use ordinvinces, and we attempt, to the"best of our ability, to comply with those goals Page -2- Mr. Schrader March 13, 1984 It is for this reason that Richvale Irrigation District, rather that attempting to get- into a major, and probably nonconstructive, debate, over whether or not the County's zoning ordinances apply to this structure, chose to comply with the Planning. Department's request that a variance+, he obtained. As you may be aware, there are provisions in the Government Code, notably Section 53091, which exempts facilities for storage, tr«nsmissi~,n and distribution of water. Obviously, the question concerns whether or not that general language, which has been held by at least one court to apply to "property" owned by an irrigation distract, irrespective of its type, exempts this type of facility. While a strong argument can be made in favor of such exemptions, the Board of Directors does not believe it is in the interest of the District, or in the County of Butte, to engage in lengthy debate on these particular matters; and Chose, instead, to cooperate with applicable zoning ordinances. The structure in question was constructed on the lot which is owned by Aichvale Irrigation District. This lot is used only for purposes of storage of District supplies, tools and equipment, as well as for the onsite constrttction of materials required by the District. The District maintains a fleet of vehicles and equipment, some of which are quite largr, which also roquixes the ample storage, and :shop and turn around areas on this lot. Chile it may not be totally clear from the sketch provided to the Planning Commission, the lot is irregular in size, and as it exists, it does not provide anough space ,for the worts structures and vehicle storage required of the District. The District, in fact, has to utilize the adjacent Southern Pacific right of way, and maintains a lease with Southern Pacific on lands to the north, to provide it adequate space to carry on its operations. That lease is an annual ,ease, and subject to termination by Southern Pacific ;band company at its discretion. at the and of any year. At the east side of the property is an irrigation canal owned by Drainage District #100, a facility which as maintained by Richvale Irrigation District under agrooment with Drainage District 41.00. til Page -3 Mr. Schrader March 13, 1984 The structures on Richvale irrigation District lots are not utilized.for any private purpose whatsoever, but are totally appurtenant to, and -LV; .l.ized in connection with, the transmission or distribution of water within Richvale Irrigation District Mr. Dorn, the District's Manager, has discussed with the Staff of the Planning Commission ihq possibility of them touring the site to observe physically, on the ground, what, the space limitations in the area are. 1 can �.ssure you that due to the size of the lot, and its irregular dimensions', and the needs of the District for open space for the movement of its vehicles, and equipment, the District is not in a position to simply move one building around, and still have adequate, and effective space for its other operations. I fear that the Staff may only have reviewed the sketch of the lay out, as opposed to actually observing the shop area in person, in roachiug what I consider to be an erroneous conclusion. Based on these facts, Richvale irrigation District is prohibited, due to the shape of its lot, and the needs to which that .Lot is being put, (in this case storage and utilization of Agency owned equipment for purposes of operating an irrigation district) from complying with the setback requirement. It is entirely appropriate that a variance be granted, because in fact the denial, of the variance would not only work a hardship on Richvale irrigation bistrict, but on the landowners and taxpayers which it sorves. Even ignoring the issue of hardships, it does not appear t),qt your Commission need worry unnecessarily about the adverse precedent of such a decision. The shop area is bounded on one side by a drainage canal easement, which is maintained by the District, on the north side by land owned by s.P: which it leases under an annual lease, and on the west side of S.P. right of way and railroad tracks. On the. south it is bordered by Richvale Highway, across from which is located the large industrial area owned and operated by the Butte Cotitty Rice Growers Association. Moreover; as you are well aware, there is absolutely no opposition to this request for a variance, obviously because the farmers in the area recognize the need -:t its water serving agency to conduct .its operation iri v, efficient, and economical, i manners Page -4- Mr. Schrader March 13, 1984 I note from the newpaper article, you expressed some concern about discriminating in favor of the District. Par irom discriminating in favor of the District, I believe that given the substantial ad -verse impact which would befall the District and its membors if a variance were denied, the fact that California Law already recognizes in some circumstances, a need to provide relief from the zoning and building ordinances of County law for public agencies; and the fact that there is absolutely no opposition, and no precedential impact, in a variance being granted, that a decision against the District WOUP'. in f act be discriminating against the District because I -H'I.nk the facts in this case clearly Justify the grant of the variance. If you would like, I would be more than happy to arrange a tour of the site in conjunction with Mr. Horn, the District's Manager, or Mr., Kellett, the Assistant Maftageri Of course, the tout could be availab ' 'e to any other member of the Commission, or the Board of Supervisors, who would like to view this site. Thank you for your courtesy and cooperation in ti�is matter. Very truly yours, MINASIAN, MINASIANj MINA81ANo SPRUANCNt 8ABER, MtITH & SOARES ,7AM.4 81 BY S Mil 6t�IEY. CC! Butte County Planning commission(, -1:8 Butte County Board of Su, 3rvisors (individually) Rich,vale Irrigation District 4. I Loyd Horn - Variance (it*m determined to be Categcrically Exempt from environmental review) to side yard setback to allow a storage building 1.1, feet from the property line on property zoned A-40 located an the north side of Riclivale East Highway 800 feet, east of Richvale South Highway, identified as AP 29-10-29, Richvale. (Conti.nued from 3/1/84 open). Staff stated t this was continued to after variances were discussed by the Board c Supervisors. The hearing was opened to the public. Letter from Jeff Neith - Representative of the Richvele Irrigation District. The hearing was closed and comments confined to the Commis-sion and staff. Commissioner SehUhiM stated that the building was closer to the ditch than the rest of the buildings, but the nearest neighboring building was 1/2 mile away. He stated he would support this variance. Reference vi�is made to the letter from Jeff Neith noting Code section 53k�01, which states that they are exempt. Staff did not believe they were exempt -From the variance process, if staff had believed them to be exempt they would not have taken the application. Commissioner Avis stated he did not feel they could make the necessary findings and he could not support this variance. Avis discussed hardship. COMMIGSibMer Dohuiin quoritioned what parpoEio is being sorved by making U'L-m Move tho building I feet, 11e sttitt)d tinnt-_, U11 -t -v Wtlre no nL-iqhbCjr_s within 1/2 mile. Chairman Schrader felt they had to use their own jUdUemwnt on what a herdzhip was. CoMniiztibnor Lambert re.1d t,.jjL- firg^lirvjts for a VW-iAnt:O SU+i:1P_ County Code s0tttion'24-49 and could not approve tipprovol of this variancu under Lhu ardimance. Commissioner OehUnin +01t the bail dint) was built whore it should ho built, which utilizod tilLi al-o.a --sl 1. tqL CommitAsiotlor Vero*umo felt the history of t1io P-rbporty shawl bta cannidorind. lntont of ttit-2 Variance, L-jLtjs ta allakq r.01- cApplicationm which aro res0hable, but doh't -fit isIto ntandolydn, 8he felt Qsm of the Parc'41 was imPOrtant, and it doservod tbi-itsidoration oil it% owt, M e_ r i t'. BUM11 COUNTY PLAPNIN6 0*1185TON MINUTIIIS- AS 5, 3,984 K ,It was moved by Commissioner Behunin, seconded by romjj)--sjoner Vercruse for approval as fullowt: A. Note that the project is Categorically Exempt fi-,:tm anvirr)nmehj:aI review, and B, Find thAt the project complies with qeCtipn 24---qA, 24-49 and 24--81 finding that to MOVO the bUilding would iwp:jse 4vj unnecessary hardship; -finding that the addition,11 buOidirig will not intrude into the side yard sotback -Any +urt!-jej- th,-tn the existing buildings.; and C. APProvO the prbpbiad Variance- to, side yard on AP 29-10-29 (Horn) subject tc %IIL- following tonditiolls: 1- Proposed building to bo at leavit t5 feet -from a,Lly part of the sewage dioposal nyskom. OPP"Cant mt(st -USO cnMply with all other apol icabic State and local, -_s,-54 ardinanC05' and raquiationq4 AYES; Commissioners Verci%trjr--, ephUllitl, and Chat t, -,,ata Sch;--arlor ,NOES: r,001missiranee - Avis 6nd L.Ambert AISM NT.- No ono ABSTnIM-:0i No one Motion r-art-juid BUTTE COUNTY P't.Awwr. PA&mtC,*TAM IIYMNvb b A �Af ' �^a� r - o �: • � ''� . , . . ' ",� k !y l `.r r: is 1. � hf !'�. FY [` � I: A ll _— -' PLANNING GOMWSSIAN 7 CMJN fY CENT ER DRIVE — 090VILLE, CAL,IFOnN1A 95965 PHONE 534.4601 Loyd Morn April 6 1984 P.O Box 147 Richvale, Ca. 95974 Re: Variance AP 29-10-29 Dear Mr. Horn: At the regular meeting of the Butte County ;Planning Commission held ApVil 5, 1984, your request for a Variance to side yavd setback to allow a storage building 12 feet from the property line on property zoned A-40 located on the north side of Mich- I vale Past Elighvay 8001 :feet, east or Richvale South Highway (Midway) , Richvaie, was approved subject to the Following con- ditions 1, Proposed building; to be at least 5 feet from any part of the sewage disposal system. 2, Applicant must also r:omply vith all other applicable State and local, stat ltcs, ordl:nanc.es, anal regulations. Shoti:ld you des:iro to oppe:ll thVS0 onditions, you must do so, in writing to the Cleri of thv Board of Supervisors, 25 County Center Drive, 0)roville, pri it to 5:00 l ,P—, Priclay, April 13, 1954. It you do not appeal and if ther(, are no other apponls ) your Variance will be issued after April 1.99, 1981 the date of the approval of the minutes or the Commission's meottng, of April 5, 1984. Should yoti have at y gtlestion:w, please contact this Office, Sine ,orely, .,- .13 "\IW:DI WM 4� J019NO VOW LANG OF NATURAL WEALTH AND BEAUTY PLANNING COMMISSION 7 COUNIN CENTER DRIVE - OROVILI L, CALIFORNIA 95945 PHONE: 534.401 Loyd Horn May 2, 1984 P.O. Box 147 Richvale, Ca. 95971 Re Variance AP 29-10-29 Dear Mr. nornt Enclosed are the original and one copy of your Variance No. 84-24 to side yard setback .o allow a storage building 12 feet from the property line on property zoned A-40 located on the north side of .Richvale Fast Hightiay 800 feet, east of Riclivale South 'Highway (Midway) , Itichvale. Please sign both copies and return them to us. Wo will -then have ahem 'validated by the Chairman of the hutto County Planning Commission and the original will be returned to you for your records. Should you have any questions regardingthis matter; please con- tact this office. ;Sincerely, Director of Planning BAK t Ir Fnc. PLAN,N PILE No..,, Q t() -2q COMMISSION MG ZONEk C A, SCALE � ,r ►x q °lwQ}!IwJ 'sOlAoJp l 86L Nvr •WUJO3 suluueld •00 oWO 5C)Ljr# " l'N IIA 1 l G R. )�, G•.0 . f`7 N $t,tT'1"'� a.