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�L OCA T/ ON MAP
BASIS OF BEARING
of the House Subdivis *on,,, shown as N 07,00- E
rho :�West line of , Lot 9 0
7 X R.
on 33
R C E,
JA L
100
SCALEl
NOTES
LE ""'END
0= Set 3/4 man pip6,. LS 3346
4)=Fouhd point os noted
7''U.0R.�_33
(R-2)= 48::Pm. 76"
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NOTES
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Building on Parcel I to befirh,itod to one dwel,00.
Buildin 'on, Porce 1 2 to, b e tim[ted la those oom/n on tho, map d(ited May 23
1.985, submitted by Serro West S.ury eying, on file, Wi fh th 0 BUItt County
Planning DePt.
See Sheet 3 for Survey resolution..
S tic
vp
Fr e e
Area
.44
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N t59* 7 43 W 3 299. 0 0
F
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PARCEL 2 Au
�loo'Seplie
1. 77. AC,
i Exiq'tin g
Free
LOT 8 OF THE HOUSE SUBDIVISION, A PORTION
SEE NOTES,
Area We//
OF S r—^ TION 35.p T 21 N.) R. I E.' m'. D 8, 6V M.
P
BU TTE CO�UNTY CALIFORNIA
5 C), qL�Idin Setback
9
Ln
30'Dee#ed to Cou In ty of Sutte'0.4e.At,
Rec,$er. N,
.30,00_1
30.00 698.5 6
7 3 W
HOUSE
4VE NU E
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RUN
W SURVEYIN
IS XRR E,5T G
,A
SEP 1-3 10
5437 BLACK,,OLIVE DR. (916)877 62613 1185
PARADISE, OALIFORNIA Otowillex cafornia,
Sheet 2 of 3,'
_7
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AP 38 08
04
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5A.,
ANNING COhyM'ISSION SUMMARttHLET
PPLICANT Dale Antonowich
85-02-26-0 - 85-30
ADDRESS 2905 House Ave., Durham, CA 9593$'
OWNER Sam
PROJECT DESCRIPTION
Use Permit to allow the segregation7an7.a
processing plant (almond hullos F dryer)
N PROPERTY BONED A`7,0 LOCATED
on the north sicpxoximatelyy 300 :Feet e
ast 0£ Damm Road
38-08-0,
ASSESSOR'S PARCEL NUMBER(S) IDENTIFIED. AS AP
GENA PLAN PROJECT CONSISTENT?
Sout.�h
CITY Urti,.
m.o...,,.,...:
DATE APPLICATION RDCEIVED ,
1-3-85' Sierra West Surveying 5437 Black Clive D°
Paradise, CA 95969
DATEREZONING PETITION SIGNATURES CHECKED ^---
PERCENTAGE
DATE LECIL DESCRIPTION` PREPARED OR CHECKED,
DATE PUBLICATION NOTICE WRITTEN. -
w PUBLISHED
DATE DISPLAY AD PREPARED
PUBLISHED
PLACE NEWSPAPER NOTICES) PUBLISHED - 0., Ct P. G. B.
DATE RAILING LIST PREPARED
DATE MAIL -OUT NOTICES WRITTEN
:m...._.q..__
MAILED j "
--- � �, NUMBER ,.
ENVIRONMENTAL CATEGORICAL EXEMPTION -- DATE FILED
DBTERMINATION .. .."""'"...'
AND DATE NEGATIVE DECLARATION
DATE ADOPTED
. ENV. IMPACT REPow� DATE CERTIFIED
OTHER
e�
COMMISSION HEARING DATES
COMMISSION ACTION .5'--
BO.A,RD ACTION
qr
ORD,,NANCE (S) ADOPTED'
COW ENE S
Ask
r'.R;O,IBCT
NAME Dale Antono-wich
SCH
AP
C17)
Dale Antonowich
to
conveyance of development
comply with condition of
tights and opoin
ase permit for
area easement
AP 38-08-08, south Durham. APPROVED THE
CONVEYANCE OF
DEVELOPMENT RIGHTS
AND OPEN AREA EASEMENT„
-
�� CQUN0fY P0MD 0V �UPERVTSOP
9 U T T.
MZNUTVS` - November S, 1985'
u
E
Dale Antonowich proposed
permit to allow the se Negative Declaration
And Processing plant (almondegation of an agrjcialtUraj U�ei
A,_20 (Agricultural � 20 --acre and dryer
side of Parcols) on Property t`arted
House Avenue, rcolocated can the no �»
Road, identified as qp approximately a00 feat east i ,1j
Open From 5/9/85), 38-08-0$a sr_,uth of I.c�tnrn
Durham (continued
The Commission waived the reading
Kircher noted that in the of the staff findi
regarding whether or pr hearingngs. Bettye
not there could be there had beer, a discuss
development oil the additional ►-'sidences or more
continuance. Property, and that was one of the
had also Acting Vice Chairman Lambert, added reasons for the
been asked to submit a revised thaf` Mr»
buildings that he wanted to map includin Antposed h
hoping to segregate.add in the future on the the proposed
parcel he was
Acting Vice Chairman Lambert wondered if there
governing the replacement of homes that were
limits, etc. Bett e had burned,any rules
ordinance if Y Kircher responded that he x the time
muse has been established ' under' the existing
conflict with the zonin leg'
time t g r then there's no Y and it doesn't
may take to replace it. question about the length of
and, because of a if
Of the use
is established stablished legally
a legal nonconforming use, the ,change of some type,
review and Use Permit through, the Planning is limited and t
replacement of that building. g Commission would take a
reyu:ire a USf� Any expansion for the
Perm would automatically
this instance, when ' for the expansion of a
destroyed, the whenweare talkingnonconforming use.
about a residence that had be.r�nn
there was le Y itself on the parcel `
segregation ofltt1pnd doesn't tie in with the at the time it was
agricultur, facility. Processing of ;•ham
The hearing was opened to the
behalf of the apPlitiant. Public. No one was
Present a•.o speak on
The hearing was closed to
someone representing the tithe public: with the intention that if
reopenrid, ppli,cant showed up, the hearing would be
Commissioner Walter asked k about the archaeological
to know if the Commission had tea gical
Kircher said it survey, and Wanted
wait fpr the resin is of that;. Bettye
archaeoln Was not necessary, and
gic��11Y sensitive areas of Buttevcount e a gel, description of
Project is approved, a survey
Performed' at e Y• when and if this
the Y by an archaeologi.st would have fro be
archaeolo time of the creation of
gically aerisitiv the parcel map, Ar�Y
PrOPosal or held under some parcels would have to for 'he ! hA se re type of easement, left r.�ut of the
g gati on. ` 11 is ncit reyui.red
Commissioner Lynch said
it appeared there wau1, not blthe ot 'plan left him ver
buildings and their a house on Y confused, in that
Lot 8, He wanted the
Purpose better dentified on the nap,
LINTY PLANNINGCOMMI$$X0N
MUTES BUT CQ, May
NMI
�•• A 1QiI®�rliirr...=..
Actin g Vice Chairman Lambert stated that
huller and dryer, ' accessory buildings, the
-acre 'Parcel where egated lot;
the IS would be On the segregated
Previous there was still a the homesite Nao on
home that burned. the
from -tho
Commissioner Walter asked
the segregated pa if it were
rcel; Bettye Kircher
bu said no
Prohibits that, t legitimate to Put a residence On
build.in-gs t does provide i the Ordinance clearly
to be I for Other accessory
located on the agricultura 1 PrOcessing site. She
suggested that there Would be nothing to restriot the, site
agriCUltural
being 80 noted that the building Site Plan fro",
made very clear to future generation, (not to be a residence) would be
The applicant was administering this.
Dale_. —Prez"ent at this point, so the hearing was
—A n t -on Q kl-i—h reopened.
call from "Ic Stated he hadn't seen the m.
his surveyor that morning. .1p and hod just gotten a
Commissioner Lynch asked if the two building S
the 2-acre Parcel are ites
huller/drYer. going to be accessory that are labeled on
Mr- Antonowich Said yes, they build
Processing-related storage buildings ulld'ngs to the
Would be
home were to be Placed on t Commissioner Lynch asked if a
OF the former house; Mr. he other 18 acres it would OUld be on the site
two existing Old barns and that's where Said yes, adding that there are
another building. ere they Would Probably put
Charles Nelson, City of C hicol
Ordinance is adhered to. said it Would be okay as long as the
The hearing was ClOsvad
Acting Vice Chairman to the PUblic4
house, Lambert
Stating that it doesn't
again expressed her
that ,le Commission t comply concern with the
req,, had denied with the Ordinance.
st irl the Chic, a similar-tYPe
replaced,, area, She stated
situation On anothp
On Oak Way where a house had been burned and was _r
denied it. and Muir; it Was appealed) and the Board alq-,o
V!!r`O Chaipm,.In VercruSe .a. Present at this point,
Commission! Walter asked staff
Ordinance. Bettye Kircher expl for an inter p,,,t,,,,, Of the
ained that , ignoring tile
is a segregation, if the residence had been do this
reason, and the zone Pact that
reconstructed allOwod a residence destroyed by whatever
discretionary With appropriate d ce to occur, t Could be
and staffaction. on may 9, development Permito,i
had discussed additional buildings subject to any
Supepvisors was neceSsar Whether ,,s were di,scuased,
buildings y4 interpretation by tile B
Within ten Yec.rf�*- 't was concluded that 4f Board of
agricultural buildin., additional
Which are allowed as ac nits and not
residence were existin' applies to dwelling u
and A segregation E, On the Parcel __ cOssorie.l.. If tho
facility, how request came i had it not been destpoyed
in fop the agricu
disallow the Would the Commission Itural Processing
residency_ to be there, View it? Theordinance do.. not
reconstructed. and Would allow for, it to be
U_
TTP . I .....
Commissioner Walter asked if this meant that the applicant could build
his house anywhere on Lot a, other than the segregated area; and that
the segregation is a separate item to be considered and has nothing to
do with whether the house is replaced or not; Bettye Kircher replied
yes) the house could be there now. If an additional dwelling were
being considered, then very clearly the ordinance would not provide
for that. The term "additional buildings" has caused Problems in this
application; it has been interpreted in the Past th
"additional resideat nces." we don't allow
. But this wonft add any more residences than
there were to begin with
Commissioner Walter stated that the C
concerned about thommission probably should, not be
e h Ouse unless it's intended to be put in the
segregated area' Bettye Kircher said yes, that is staff's opinion.
Acting Vice Chairman Lambert felt that if any additional structures of
any kind were added it Wouldn't be right- Bettye Kircher su
ggested
perhaps the Commission Could ask fora continuance and allovi Mr.
Antonowich to make an application for a development permit_ This is
something that obviously needs to be Clarified in the code.
Vice Chairman Vercruse said that last title the Commission had told Mr.
Antollowich to go back and submit a map, that the, were ready to
-ipprove the Project; now he's done that, so why shouldn't it be
approved now?
Acting Vice Chairman Lambert recalled that Chairman Avis, had read from
the ordinance at; the previous hearing, stating that no additional
Structures were allowed.
Commissioner Lynch Said that as he understand.,,, it, it Would mean no
additional Structures aFter the map was approved, SO if this were
approved now, the huller"dr-yer would be approved,
Ind another b
and a larger
building at the barn site, uildir1P,, in Eton: of that.
This wolild limit the b
Uilding on the segregated portion.
Actint Vice Chairman Lambert asked, if there had i
home ti -ere, would the Commission allow it to be lot previously been a
this time under this ordinance?Cop1misswo not
on the map at
segregated homesite., but that 1sn,t ha ioner Lynch Said no, not aa
inwtanca.t this aPP-as-ars to be, in this
COITIMLssioner Walter said yes, the Commission is approving not only the
I
chan!geo that are made J0 the map on the 2 -acre segregated agricultural
use, but also concurrinp, in 'the owner's intent
wheT'e the old hOUSe was
0 build allothQr house
Acting Vice Chairman Lambert asked, Once again,
previously been a home if there had riot
there, would the Commission all,_
'u, it br-.� drawn;
COmmi8sio.aer Lynch said yes. Acting Vice Chairman Lambert said that
would not be in accordance with the ordinance.
BUT1'41 CU.,
-O, NTY
L
a MMQ I "1 0410 . I
Commissioner Walter said there's a problem with a fuzzy ordinance ;And I
the Commission has to make an interpretation; Vice Chairman Vercruse
concurred.
Commissioner Lynch asked Mr. Antonowi.ch if he is satisfied with tho thathe
size of the original home:5ite; Mr. Antonow ch said yes, adding
has no immediate plans to build a house.
Referring ante again to the ordinance,
effective,Vice
the ownerChairman
or owner;r�caf
read" "Prior to the d1vi.sion being
the property included in the approved development plan shall execute
the Recorder (if Rune Cc,ur�ty
and cause to be recorded in the office of
a restriction binding upon the original owners, their heirs, from
successors and assigns, which disallows additional buildings
being located on the property." So if it were a blank orchard at
this time, it would not allow any buildings, and that's the way it was
intended. Vice Chairman Vercruse pointed out that it was also
intended that there would be a house; we're talking about parcels of
land which have hooses on them.
Acting Vice Chairman Lambert said there are two separate ordinances.
if there was an existing house under the one, we'd segregate. Under
the agricultural; -processing use, there is a separate ordinance and
this is only to allow the separation of the huller or whatever, and
not to allow any additional buildings on that, remaining. parcel -- it
was to remain without any additional buildings for the ten years.
Commissioner Walter pointed out that the word "additional" seems tO
indicate that the drawers cif the ordinance figured there Would be a
building there to start with and that':: why they used the word
" add 1tional.Y'
Bettye Kircher stated further that the previous rection of the', there is
covering homesite segregation disallows additional dwellings
a very distinct difference between a dwelling and a building,
remembering that the segregation being considered here is for an and
agricultural processing facility• If there Was a residence there,
his other facility fG�r' whatever
there was a provision for setting off t
reasons, financial or estate planning or whatever, there would be no
question. There is a distinct
difference betweeal talking about no
additional dwellings in a homesite segree:7tion, and no additionz.l
buildings when we're talking about an agricultural processing
segregation.
Commissioner Walter asked if it would be legal for the owner to come
in and ask for a segregation of a homesite also, later on, on Lot 8;
Bettye Kircher said yes, the application could be made. Conversely,
the homesite-segregation ordinance doesn't preclude the segregation of
a processing facility.
Acting Vice Chairman Lambert Wanted to knowl
of the language in t theno what the purpoge Is
he ordinance referring to no additional building
for -ten years. Bettye Kircher replied that when a hamesite S
segregation is done, it is very clear. The reverse Of that, in this
case, is that no additional agricultural processing building are to be
allowed.
commissioner Lynch proposed two additional conditions, to be numbered
4 and 5, with condition 4 becoming number 6. Acting Vice C
Lambert asked, with respect to h-qIrman
number of acres to be segregate Item D in the staff findings, if the
Uggested it be expressed as "2 acres COMMiSsioner
Lynch s d could be
It was moved by Commissioner Lynch, seconded by Commissioner
and unanimously carried for approval as follows: VerCrUSe
A. Find that the requirements of CEQA have been completed and
considered in making, thia decision and adopt a NGG',ative
Declaration; and
B. Find that this proposed use of the Property will
integrity and character of the zone in which the not impair the
that the Use Wouldnot be Unland lies and
reasonably incompatible with or
injurious to surPounding properties or detrimental to the health
and general welfare of the Persons residinOr
neighborhood or to g working in the
Countthe general health$ welfare and safety of the
Y and
C. Find that the proposed segregation substantially meets the
requirements of Butte County Code Section 24-55 regarding
segregation Of agricultural. processI,
s
zone; and ng Usein an agricultural
D. Approve the Proposed Use Permit to allow the segregatioll of a
parcel of 2 acres .,,/- for use as an agricultural processing Plant
site On AP, 38-08-08 (Dale Antonowich) subject to the rol
conditions: lowing
1.
Prior to the division being effective, the owner or owners of
the 1,�ror,arty included in the approved development Plan shall
execute and cause to be recorded in of th
Of Butte County a restriction bindingtho Uponoffice the r—igine Recorder
al .
,owners, their heirs, Successors and assigns, which disallows
additional buildit1gs from being 10celfOd on the property until
either of the following occurs:
a. The Property is rezoned to any of zone; or
b. At lea8-b ten (10) Years has elapsed from date of
recordations and the Commission firldn circumstance
regarding said property and . 's
other Propertiin the area
have changed sufficiently to reconsider thees restriction.
M
nt COONV
B C(
gw�muun MY 1085
`. Parcels
shall be created Furs
MaPpgct.2� o the Butte County to the
ty Code and requirements of
3, Meet the the' State Subdivision
requirements of the [butte county
`�• Buildingsem
on the Health Department.
.shown on the segregated
Surveying. map dated parcel to limited
5/23/85 submitted by Sierra to those
Building the ria West
dwelling. remainder of Lot a to be limited to One
6' �Pplicant must
1°Cal stat also comply with
Utes; ordinances all other
Iletin ances aAPlicab7.
Vice Cha and regulations. e State and
because lrman Lambert
of the fact stated ,.
ordinance
I would nowt- these was a Ive gone along Hance clarified t otherwise, ancireexist ng house that
this anl,y
rerrrztten,o. , even if I cion', hopefully we that was
`" aPArove of it .afte���tl7is
r s
- -
'
Dale Antonow1ch proposed Ne
gative Decla,atioq AMO Use
Perit to allow the sagioQation of an agricultural ' r-~.. (almond.huller and on property zoned A~20
-
(Agricultural - 20 acre parcels/) located on the north ssdC`
of House Avenue, approximately300 feet east of Lemm Road
identified as AP 38-0s-091 south Durham, "
`
Staff indicated the applicant was concerned with
the reconstruction ofthe house that burnt down and with the building of any accessorybAildings°
The hearing Was Opened.
Tom Wrinkle stated that they had plans to build accessory bui%diMgs
and to rebuild the house!.
'
Commissioner Lambert questioned if the applicant owned ` land
adjoining this land" - - �"r
Tom Wrinkle state that the applicant owned other land in the area
.not adjoining.
^ '� � out
Staff discussed the ag. segregation process,
�
Chairman Avis
discussed the conditions under Butte County Code Section for ay" segregations The condition states no future
buildings,
Dale Antonclwich wanted to know if he could put the future buildings on
the map and the house.
Chairman Avis continued open ' --� �s hearing to May �'
to receive new plot plan from the applicant° w 1985 at 7:0 V p.m.
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ENVIRONMENTAL CIMCKLIST poo,
(to �e comialete 'y Lea gency)
BACh�ROilNp Log #85-02-26-01
AP #3 3_08-08
1. Name Of proponent Daleonowice h
2 Address of � _
proponent and representative (if applir:tr(1Ie)
2905 `Haase Avenue:,
�
yIu
-- - 5437 Black Olive DrLif �"
I aradise.w" " - -
3. Project:. description Use PermYt 95969`
PE'_` A7VKY FINDINGS OF SIGNIT TCANCF
a. Does theYtIs
project have the Potential to degrade the
Quality of too a fP'onment, substantially reduce
the habitat of fish or wildlife species, cause a,
fish or wildlife population to drop below self-
sustaining levels, threaten to eliminate; a plant or
animal community, reduce the number or restrict to
range of a rare oz° endangered plant or animal or
eliminate important example, of the or an periods
of California history or prehistorV,
b• Does the Project have thc; Potential to achieve
short-term benefits to the detriment of long-,er.m�
environmental goals? fA short•7term impact on the
environment is one which occurs in a .pact ont
brief period of time while lcTr14-in a impacts 1+y
endure into the future.)
c . Does the project have impacts which are i ndividu-
411Y limited, but cumul,ativel,), considerable? (A, arate resources
project may impact on two or more sop
Where the impact on eac1 resource is relatively
small, but where the effect of te total ai those
h
impacts on the 011vir0nmeni is Significant )
tIAYBl No
0
d. Does the Projei't i ave enl�ironmental effec ts-wlTi.ch
Will cause substanti�.tl adttcT'se efi'ects on human
belongs, either �iirr�rtlti or irtclircctly?
T l l . �rt r.•r�rtl�'�I°r��,�; ("I'o iTcb�•r1m rleto - —
T ci � tib, the J'ead Ai.ency)
Oil the basis of thi;; initi,11 evaluatic)n:
. f /til. '1 t T ,
find Ic ment,serl hi�,ltct CtIl1T.D NOT iTnve a signiFicant effect
cin the cavi ronment , and a NE.6ATTVE DRCLARATXON will be prepared.
__. T,JWh find that although the proiTr,, 'jd pr'oiec�t could have a _
cant effect on the environment, t)Tor•e Will not he
the in this casex because the MITIGATION MEASURiiS describednon1µ
the attached sheet have been added to the 5 � significant
D CLARAT'ON Will b�0 Prepared, project, A NECATfVp
fend thea proPoyed project; MAti h¢TV0 a Significant effect on
the environment, and MTRONATEW TAL TMIskC,V gi?PORT is required,
WTI" March 19 19,85
,.;._,o.... �.__. � ...: t'Glll ry"'�'
pit
BUTTF, PLANNTNO DUPAATl 18NT
David H!r••�
on, mus
Assoc to Planner
Reviewed by: <': r
IV.
ENVIRONMENTAL IM
xp anatxons TS
on at o 'r d
sheet(s)) )•es�� and "m.Zybe'r answers
le EARTH are required
2,
• WWII, the
a ilnst "ll 'he Proposal reSLIt i,n significant:
geologic conditions or in .
g� substructures? changes in
b. Dis rup ti ons
overcoveriri' displacements, comoacton or
C. Change in is of the soilq
relief features?appy or ground surface
d• Destruction,
unique geologic or covering or modification of an
e. Increase in wind orphYslcal features?
Y
either on or off water erosion of soils,
f. Changes in de site:
sands changes
ion or Siltation
erosion of beach
or changes in siltation
or erosion which may modifydeposition
a river or stream or the the channel of
any bay, inlet or bed of the ocean or
9• Loss of prime a lake?
outside Posh agriculturally productive soils
H• Exposure of gna,ted urban areas?
eologic
Hazards such people or property to
'Slides, guundS earthquakes, landslides m
failure or similar , mud-
ATR. Willthe proposal hazards?
a odo resux : in stii�stantIal
Air emissions or deterioration Ub s
air q'�a1 j. ty? ambient
b• The creation of objectionable odors
or fumes? r S, smoke
C. Alteration of
temperature air movement, moisture, or
locally, or any change Ln climate,
or regionally?
YES MMYE4 NO
3, WATER, iYill, the
Chan es proposal result rY subs to '�` —_,
directionno ttxrents, or tile, n� a sxl
water course or
marine car fresh in in either
b• Changes in absor
or the rate ption rates, drainage
C. Need for end amount of surface ge Pat'terns, Off-site runoff;
ments surface drainage improve-
d, ncluda.ng Vege�ation p •-�.
d, or culvert install ataon�ral' charne�,�
Alterations to the course or flow of
waters?,
e. Chane in thea flood
water body? mount Of Surf -ace
Discharge tvate7• in any
into surface waters, oz in
alteration of surface writer
but any Y- _
not limited to temDeratureality, in,
ozYgen or turbidityg dissolved
g, Alteration of Y
Of ground the direction or rate of flow, .
h • Change waters? e �•s ?
in the quanGit
either throu h Y of ground waters
drawals t direct additions or with!
a or through interception of
qui£er by cuts or excavations? an
I. . n the a
Reduction i
available far mount of water otherwise
xposu�e of public water supplies?
J• E w people
h
related or property to water --�
n rzrds"such as flooding?
4• PLANT LIFB, YES
W 11 the proposal result in substantial:
a• an"ge in the diversity
MAYBE NO
of species, or number
of any species of plants r
shrubs, (including trees,
grass
b. Reduction of Chernumbexsao aritzc plants)?
or endangered species of plants?unique ,
C. Introduction
of new species of
area, or in a barrier to the an „--
----�
tnrrm'altreznto
meet of existing species? r pleni..sh••
d• Reduction in
a acreage of any agricultural crop?
ANIMAL LIFE. Will the proposal result in, subst,szztil:
a . C ang in the diversity of
-
species
of any species of animals (birdw; ' or numbers
$, s land animals
including reptiles, fish
and �
ben thic organisms or in;;ects)?� fish
b. Reduction in
the numbers of am
or endangered species of animas nazi que, rttry �---»
c. Introduction
---
of new species of anim
an area, or als rota
result in a barrier
or
to the migration
movement of animals?
d• ,Deterioration
to existing fish or wildlife
habitat?
6. NOISE. Will the proposal
i' -Increases
e p result in substantial -
- in existing
noise levels?
b� E:cposure of people to
Severe 170ise levels
7• LIGHT AND GLARE,Will fire ----
s g 7 can ght proposal produce
— %�
and glare?
6. LANT) USE. Will. the proposal result in a
su Stant al alteration
Of the present
land use of an area? or planned
9. NATURAL RESOURCES Will the
su
�
proposal :fesr
stantxal: x.lt in
a. Increase in the rate of use of an
resources? Yzatural
b. Depletion of any non-renewable natural
resources? ---
SC"A
10 . RISK OF UPSET .Will----
Osal involve,
Y .
explosion�orrt
aus substances ase of hazard-
(including, but
not limited to
oil, Pesticides, chemicals or radiation) in
event of an accident
t
or upset conditions? he
b. Possible interference
with an emergency
response plan or emergency .�.
evacuation plan.?`
.�
lx. POPULATION. ._.,... ,,.�...,,
Will the proposal alter the location,
as density, or
lati n?'
Population? growth rate of the human
'
12. HOUSING. Will , the proposal affect eXi.st'
or create a demand for additional
hausi7,cg
housing?
YES MAYBXI, NO
13. TRA.NSPORTATIONICIRCULA,TION, Will the proposal
result in:
a. Generation of substantial additional vehicle
movement?
b. Effects on existing parkin, facilities, or
demand for new parking?
C. Substantial impact on existing transportation
systems?
d. Significant alterations to preser4t patterns
of circulation or movement of people and/or
goody?
e. Alterations to waterborne, rail or air traffic?
f. Increase in traffic hazards to motor -�--- ---
bicyclists or pedestria�.s? t r v�hr;cles
14. PUBLIC SERVICES. I'lill the proposal have an effect
upon, or result in a meed for new or aitered
governmenual services:
a. Fire protection?
b. Police Protection?
c. Schools? X c
d. Parks or other recreational facilities? gyp
e. TIaintenance of public facilities, including
roads?
f. Other governmental services? --
15. ENERGY. Will the proposal result in;
a.y lyse of substantial amounts of fuel.or energy?
b. Substantial increase in demand upon existing "--
sources of energy, or require the development
of new sources of energy?
16. UTILITIES,. Will, the propsal rez�u.lt ior
n a need n
new systems, or substantial alterati.�ns to the
following;
a. Power or natural gas?
b. Communications systems? ,
c. Water availabi]ity
d. Sewer or septic tank?
e. Storm water drainage? .-�.._
f. Solid waste and dist osal?
17. HUMAN HEALTH. Will the proposal result in
a, Creation of any health hazard or potential
health hazard (excluding mental health)?
b hazardse of people to potential health
18. AESTHETICS. Will the proposal result in the
o'sr ct`o—n of any scenic vista or view open to
the public, or will the proposal result in the
creation of an aesthetically offensive site open
to public view?
4_
YES
MAYBE NO
1.9. RECREATION. Will the proposal result in an impact
upon ta3�e quality or •, .,antity of existing recreational
opportunities?
•.y-
20. CULTURAL_'RESC'URCES.
a. Will the proposal result in the alteration
of or the destruction of a prehistoric or
historic archaeoligical site?
b. Will the proposal result in adverse physical,
or aesthetic effects to a prehistoric or
historic building, structure or object?
c. Does the proposal have the,-`
potential to cause
a;physical change which would affect unique
ethnic cultural values?
d. Will the proposal restrict existing religious
or sacred uses within the potential impact
area?
V. DISCUSSION OF ENVIRONMENTAL EVI,LUATION AP 38-08-08
See attached
�VW�Raw ftiw�l=
t0 �. t ero.• t s
.a•. .� �� �, ;{r •ii 1 1 .
�r�'a�„rJ�"3�.fC]I�l q�' Ei`iVl:�;rlhli�I�hiT(1L. �VCiL.t..tAT'Ipi�l AP 38-08-0
fj
1430f: Parcel 2, the two acre site of the
car•rrrn'1.1y mostly averacrvar�c-1 end huller der°ir1 dryer, is,
over c crvtred resulting in some inareasetially could hacir trrntr 1°:;atally
draindi, a O Because 0+ the proximity cri the ditch rin f+ into � aanehr.�the`�i view
e:;X yi, ,nry degreo Of avercover^'ing any increase would r°af°rt' be e c;nsider��,i
to hP si gni,Fi,cant,
IM No further loss of orchard land is es peated singe the huller and
dryor ,ire.+ already on -sit.,
1h„ All a+ But .e County is within a modwrate earthclaaaye intensity
zones VIII. The subject Property is located in the general vicinity aj
a P005ible lineation. No historic 'Fawlts have been recorde , along
this lineation and it is not considered significant. The property is
located approximately 10 miles northwest
which supported the 1975 Or•o� of the 000thill Shear cane
buildings to �ill� c+arthga-aa}red Ccan�,trcacation of any new
_t� Uni�trrm >��tra�.ltlirig .Codes dor seismically active areas
should provide adequate protection to reside lies Or' pc•�rive areas ng a r�
the area in case a+ seismic activity.
4d-. The FI (ller and dryer is airead on -Zito
in agricultural craps is expected. � and no further er reduct:ion
bag Noise from the huller and dryer is already
the area and as s� bt�znr3 experienced in
such there will b =1 no i nrwrease n TeX; i t i. ng noise
level�la
1 Tia q c NTrucks and workers �: nces,i ng the site currently ease roads in
the <:ar°e,, and no significant increase in this tra.f+jr is er,;pC,'cted"
14a,b.e,fr While there may be some increase in thro future in taros Fic
dt„in to evpanded caperatiOns no significant increases Pro expected"
20a: The subject property i E
archaeological significance, '� - located i n ars area o� high
An archaeological
circ}fir '�:(.l (leter"lTlinrs�Pub�'i h'tl �,i"ri5 r' .74.ar'•JE�,� ].!a necf�+<a�ar'"y � ri
arctic tea 1. de ear site montains any significant
arti +nuts. (Th* Minear° has indicated that an
archavol ooi cal. ourvey hat hoar n Ordered, hoot that it will no°t,: be ,
completed r.arr,i.i3 after h.ho 10 play r*view period is, wgmpjet d. )
I"RHa 1r
A p p 37 .c.ant r
ar t, notAj . c:h
AP
Log tl6_01
P_fffl), $5H_U T
A P1 rt -0j P��
�. r% pt„, ra•f F,Irajo
-C:t
{ Ctr RFs UsO Pormi t
sir i c:�t ttytr,tl� nraa T allow at ion
ctf r,trt
Lt;,tti an, (rc,ta�n f�1n (l mtncl F�Ltllr r,inc!Ir��fit)ty) u
)nh
'FL -Pt rz.•",A norlt:h In 0+ 1~'tor_tu r
ft,w Frt3pc; ri t cj•f 1- eMm Coad Avenue,
apfat •etrr i, m:- t0l y
K i7nsi lµ y bf 'C}vel+)pmvnt l`,IrA
.r. 1=;+rtt"11it1'f' Cts Xfflp(_,�rtti"f�tnlil. ri potentially
�r ram Q` otentially az, much as
6- f) r0�f, and NFar(,*5, � two
Averluo P'�. bI i C Road (z I~ roet- kY +rt)nt5 on
mow, ,
7. Methad OF Sewage � 1-1�6,tp x
al -
2., SOfA CP, 0+ W�Lc�r � Indivi.dt..t,11 So�t �,-
9. F'rct.,imit St.tpl-].y, Tndi.vidWtc:,l lima , y tt me
Y ca+ F'cjva�r^ L_i n:. To w1 ].
].t»�e F'ettent i ai, +Or^ 'furthc�1,11"1(jI�►"�C��rty
t,tnd rR r,,. r di. ui 9i can <3,nd dt~V(,�j. opm0nt; None
%1,=ravir�,atrirn�t'a'h�i„�+AI i;i
r� �7
ronmr
lttrrrtrirGtpltir flirr+.,t!r„
Ianz:.rpn tr»� ,;r Fl at�.rd
exvat- i nr� „ � � x f t.. fir. �i n L n
d. �.iar,zti,ri F`-atorz,s Nonai
Sty, i % EF,
tw Type-C"Ia�r�act�t~istir+,.
P'-"-tI On cc the xar'.a it.'�rF. Fit wt�t. ] 7 �-a"' cin�rr.�t l~rrryr°1 y
n!artl• el -1 y c�n4� c� kit r �, y adt h can
b. Y, )Ort i "f". 3 t~1r 1. a.
I., mx t ; ,r,ri h ,r ttar~* hlr A110
" > I`wd t Ul-A n
Hoz tt d
of, the I..::nd
Zr
b. C'r._� f af;F ntri<t1�P1oi�er t�L� ear�t:hc;I�.tEkF �s intondtxty Zone
C p t. ��dsI i:t~I ' F
V:r ! r
��`t"1'f: ?I'7%:.7: c'�,% a It•Ir�P'1'r;•?
d„ I arE H<;, ard„LA IJrtr 1,,„t M;i find
f..:tpn ivrn
Hyrlh'ra�Sri, �. F'crt.r7.jH .�J, I�Irader ��tF:
cacy
�a. St.,tiµ'f���r� W�•G.r
b- Ground Wat Qr-„ tJrcti. n i.7 d:i t cht atl ring F�rat,.tt��� f1ve
(lt rund�tr71 v t i G t nct
tt°4' C-ii4� c -Ound ` 'y r to fc.,t c,. This
iso an tr~�j<
water t� w7 k:hdr- .,i : i rid
Ar eiA. pC)t n.l”
1" r17. n t �, e, I iLt b z , CJ rew w i
a q a Char tjc:.h art r7 r
i Ib`roporty drain t: ca t
�.t„r 1;ht;+ c�r�ti,t� t�lz.`�ch �tltarrcl I•-Ic�t.tc�
d- Annual ��t Avc,�rL.te h�' �a�tth
a itt Gtr l tnca"al ; °?2,�.• 411
f_.i ani, t~, i r�c� f ,�ttw't.t�r��t a a .,.., pi„tw yc,at,„
Wiu V;e G,ta f?derIi rC1ttal i ty. Ili q
k i rw G?�t�:t a ley Staod
0
7. Mir MuGl i, t,, C7car7r� a•,
and crpr� Iyirtc�" 9 except during ti.,,
xca cagy r ,rt env ;`► fir Z rt l't�r",:tl bLlu ray rrr,
G lu Qrrmen�. "
"Orw+i»ati orl a
Habi tat» Small b, r dy and
orchard l and
animals
r►i maI s r:ramn,r;ar to
val l o
A].,:LLsI w Inar eonrrrran�n
Cc4 and Histori
tsznh <=rs 1haeel, :real
sst lice l Resource% in ��ta�
�' un y e �c.rrsi t;i*ri`i y s ter,,,
�,rrslrrs,� I law clesa.c�rr��ticM
1 , r ��14ti nr'�raninc�a lrct°i I'd <,rt!iar
h s! ler r Q Land Use Carr-�si te:
and drypr Almond orchard
� . �,sairr"crs.rnding Area, ��nc� an xlrncarr�3
a> [.�rrr41 Lle,
� t � i? � p`i't �rC� �'" �� � k„r � '�l.r r c:4 � c.r f? �:,�.C1 ei
b" Zon:inr 4 rural densities. rs. Scatte
rw •:�« �-��s;rq wFwc1 rr��„�•a.t���nti,.�s
Gen n t l an nearby
cl" f"'firc e1 ize�rrakic�sOrchard ue tae �:�rst4 11wet;a,.
r�< tneral 20-T,4�r �' t
Y � fi`�rG r �G.r" �- .� w
�aG�l4'Hhra�in to .„(t ear CryP ar,el s to
rars els �: a hoc-4 north,
4.r1,�� fc-I!a i+�n„ BOL(th and
reete" a+ �� i::e
1 r. r o, , � ,wt , a�; And Ar"'ea" nor, t s,s�o t.
1. NG ar"est Urt� rn tb�r" mak rssr gi ci r,h:� i.ieF. r,.ral =�r4; . 4,eai:�s
a„ an ZiaPrc.� ar �I�i "
1I" �lR flip r o
iprov-men&-j 0+
19fraiecti ean'j.,3xs
rsFU�."t<sb�ar�ns e
None
OM gyr{1_e, Area'N
neb. e Wi'eofcounty
Wer Av
20, : 11 abi, l,'ty; �� wit' i.7 f"rn
'" tal is n Area: Je 1 � ��r�ri I � 45 in Durham
Or rr"Plea' UWl i i i A� c, . � � rer � anker only �s hc�m
School District
AP 38-08-0'5MY
39-25-33
AP 3.8..08,.06
Daviel F E,.Isie Kidd
' 39•-25-54
Aft AP,: ft rt,I„07
2307 Hanlon Ave.
Wilx i�,�i1 Warnock
Durham, CA .95938
2,327 Manion Agra.
Durlvtm, CA
TI. If, N 1"”, Sci , iw,
P.O. J 263
AP 38-08-08
95938
-16x
-OUrhtra, CA 9593,;
AP38-08-09
D.R. L.la. Antonolvich
All 38-08-10 2;
2905 House Ave,
E.J. 4 J. Lemm
Durham, CA 95938
8789 Lemm Road
J -A, & N. Konyn
Durham,CA 95938
8747 Lemm Road
7J[t2•;}'l�yn,
AP 38-08-30
_
CA 95938
AP .38-08•-31
E. III
ve, Lemm
2905 Housee Ave.
J.J. & PI . E . Landry.
AP 3a-•25-13
Durham, C.A.' 95938
84;1.6 Sullivan Way
Durham, CA 95938'
Mead Orchards. Tqr
909' `Troxel Road
C%ticc, CA 95026
ATS 38:,08-03
AP 38-08-04
S.W. F S.E. Pearson
2692 House Ave.
J. 8r H. Bordin.
Durham, CA 95938
t 2748 House Ave.
Dul-ham,
Jw
CA 95938
1
Sierra West Survevin 9
5437 Black
'=f`�:
Olive b-
Paradise, CA 95969
7
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• ve� ��"r $i t� la � x.:ax e R �4 � ,� ,«mil `! 1 f •GI' ' � ���i, �i r.'n i� v � x.� ��,
k � � . � � 1'� �.I�i �� .,1 .! 7x��• / 6` h.�l i � ..� {�.r� p�r ,• x b�t 7 •°��� n ja x
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R
F APPLICATION FOR U1raE P2FRUM111
BUTTE COUNTY PLANNING COMMISSION
APPLIv'A,NT,. Bead and as set forth on revcracs ,,tde of th ,. ft,�-t�
App:icant's name
Pitunu N(j,
Appkeiit's mailing address .4;;J:i �
Applicant's interest in property (Owner, lessee, other)S.r.,k)-A—)
Owner's name and address
Contact person for troject (if other than applicant)- &.A
Assessor's parcel nutf±ber(sf
Location and size of parcel(
1J
Street Address a
Directions for travel to property (rural and mountainous areas only):~----
-
Description of proposed development and us
Description of existing land use �'"/+✓�a�� ���Y///s���� � ��'�ytij<d� ��iL�t'i1�/�..
Proposed scheduling/associated projects
Anticipated incremental
Building construction (state dimensions, square footage and materials used)
a. Existing buildl.tgsl a":1 /V. C.- prD37FfGC
b. Proposed butidin94,,M*
N,zardous Materials to be used (inflammables, explosives or strong chemlcafs) ",5
Daily hours of operation .P 7�(Number of employees
Number of off-street parking spaces provided. -
Existing/proposed sewage di WSW method:-- / e
Proximity of power and phone lines: 40 ?Z -e —
I -W
Distance to nat;tral Water course or storm drain:`
Anticipated on and off-site drainage improvc•nents:
Water sourcr,
Proximity of v,ater for fire fighting purposes (hydrant=, pontis.
�roVl ti` p�
4lill exca%atfon or grading be necrussary? Cubic ,cards (estimate).
List and describe any other related permitsandother public approvals required f this projocl, includin thrt#t nquired by
city, regional, State and Federal agencies;_/tom(r___
IF F nP I nufehold , Include
expected.
IP
of units, whether units are single or mtdtl-story in height, schedule of Blit sizes, and
i IP COMMERCIAL, indicate the type, whether neighborhood, city or regionally oriented, sgUare footage of riulea area, aria
loading facilities,
IF INDUSTRIAL, indicate type, estimated employment per shift, and loading facilities.
IF INSTITUTIONAL, indicate the major function, estimated Amployrient pet shift, estimated occupancy, lon�lltlg facliitie5,
and community benefits to be derived from the project, ,
J I ENVIRONMENTAL IMPACTS AND MITICA T ION MEASURES*
J Identify potentially significant environmental impacts associated with the ,use permit, what project deRign features or special
41,_ conrditions of approval (mitigation measures) are proposed to aileviate potential environmental Impacts?
h-
ENVIRONMENTAL SETTING * t
Describe the project site as it exists before the project, including Information on topography, Isoft stability, plants and am-
... mals, and any cultural, historical or scenic aspects; Oescribe any existing structures on the site, and the use of the structures,
L1„ Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects.
13- Indicate this ;type of land use (residential, commercial, etc.) Intensity of land use (single-family; apartments, shops, depart-
ment stores, etas), and scale of development,(hefght, frontage, setback, rear yard, etc.).
Use separate sheet for longer responses.
7%
I hereby declare under penal'ty of perjury that 1 have read and understand the instntctibnS. and that lite foregoing statements
are true, complete and correct to the best of my knowledge and belief,
r'
Date Applicant's signature . -
Dotii ,�,_._ Property owner rl signature
Use. Permit Number �/_.
�- Request: Use permit to allow— S,�1c�1�
7"F—
Location and sicc of parcels 4 / ` 5lG f`?�r.
,4 (. ).—� iff �id7 Q fi x A-ii� ,4-aoi°,Qc•
�' �'�' •tom .�`�•`�`'�-. ai" �—�f..,�-5�*�7-r,� � ,4.�, �
VERIFY:
A.p, Number(s)rte_ project Description
• , ..r
Ownership Zoning and Requirements
Proof of Agency i
g y C t needed) ✓ Location Description
16 Copies of PIo!t Pian
-
u.l
Date 'Received S 4 ad Receipt Numbee__2 `P `%
Q Applicatlori token ay
c _
s
J�-.
Da]'e Antonowich
2905 House Ave.
Durham,, CA 95938
LANs) OF NATURAL b"VCAI "I'I°I AND
PLANNING COMMISSION
7 COUNTY CENTER DRIE OROVILLE-0 CALIFORNIA 95965"-3317
PHONE: 534.4601
January 14, 1985
RE.: Use Permit
AP 38-08-08
Dear Mr. Antonowich;
This is to notify you that we have received`
for a use permit to allow the your application
segregation of all agricultural
Processing plant (almond butler and dryer) in the A-20 (AQri-
cultural-2G acre) zone, located on the north side of douse Av-
enue, approximately 300 feet east of Lemm Road in south Durham.
A review of our � •
Y project indicates the application to be incom
plete. Enclosed is a copy o:1 your application identifying the
deficiencies.
Should• ou have an P
Y y questions re��a.rda.z�� this matter, 'L,¢ase fce7:
free to contact this office.
Sincerely,,
eK
Kircher
Director of PLtnning
BAK:mc
Enc.
CC' sent to Sier G?,a
West Surveying on 2-21-85
BUTTE cOUriry PLANNING CO
NOTICE 0 PUiiLIC__'__ "`...-- r --ETON
Notice is hererb HEA�2I'NG
will he held Y given by the Butte
on Thursday) County Planning
Room, Count Y, May 9 1985 in the Butte Commission that
regarding Y Administration Center, 25 Count Count Public hn-t�rirrgs
g the following items Y Center Drive Hoard of Supervisors'
at the following time; Oroville
California,
9:00 p.m.
9;15 P.M.
9:30 p,m.
Dale NDED
Antonowich •-
processin. Use Permit to allow the segregation of an
(Agricultural huller and dryer) on agricultural
Ave �, 20 acre parcel;) located property zoned A-20
nu,., approximately 300 feet east of Lem the
38-08-08, south Durham> north side of House
Road, Identified as AP
Richard T. Coletti
building . - Use Permit to allow offices and
Service property ?oned.R-4 (1laximutn Densit light co
Located on the northWeS,t commercial
Circle, identified as AP corner o y Residential - restricted
44-57- f Cohasset road .and Frontier
TTRU �,., .,.:__ J1, Chico,
T
IS BEING USED -
Drake/Isom - LtEzone
R -C (Resource from A-2 (General)
A -SR Conservation ) and S -H (Scenic
(,Agricultural )and either A -R Highway) �a
- 1/7 acre parcels, -Suburban Residential) (Agricultural. Residential),
- propert ) or FR -1/2 (Foothill R' reatio (suburban Residential
y located on the Recreational
from Highway 99E east side of Humboldt - 1/2 acre
more particularI Identified as AP 46-35-04 Road, 5 miles parcels)
Y described 23; 46-71-17 northeast
as; , 18
LM
A -R, A -SR, SR -1/2 or FR(portion),
,1/2
Lots 1 through 109
the If Pa as shown on that
Advisor. zk EsNovember
subdivis vision subdivision
Y Agency on approved b map for
the Butte Count Department
29 1982, and on file the Butte Office of
Y epartment of Public Works, in the
R -C.,
Lots A, 8, C, and D'
the " as shown on that tentative
Canyon ,park Estates" subdi,v'
Advisory Agency an inion a st.rbd., .inion map for
the Butte November bd 1982 andproved by the ,Butte County
County Department of Public Works; dile in the
Office of
Containing, 1100
The above acres, More or less, Chico.
mentioned applications,map�• ,
impact and environmenthl ''► negative
viewing at the office of impact rep��rt are on reports regarding
Drive the Butte file and available environmental
Orovill@, Clifoinia, County Planning De for public
at college and Count EnvitonmentaL Partmeot, i Count
Y libraries, Impact Reports are also y Center
BUTTE COU available
COUNTY
B KIRCHER
A. , DIRECTOR OF
TO BE PUBLISHED PLANNING
TN THE CHTCO ENTERPRISE RECORD ON 1FIURSDAY, APRIL 25, 1085,
Ii
CONVEYANCE OF DEVELOPMENT R,Z,GHTS
ANn OFTEN AREA EAS•EMEN7'
(A9 Accessory)
This Conveyance Y of Development Rights and 0 ,�
day of pen Area. gasement, made
Zinda i9- - by and between
E. An �onowioh, and Da Rin Gonawa ch,
_ Nicholas � ntonowieb
as Grantors -
) in consideration, of th.e
hereby grant to the COUNTY OF i
approval of
a use perillIt do (es) i
BUTTE , aas Grante,p
as ` ountY, the Bevel oprnent r = hereinafter referred to
ghts as
set
subject to the forth for the
covenant -s and conditions team and
described in sot forth belotq
Exhibit in the property
"A" as Parcel 2
thereof , attached hereto and
fox the express nto.de a part
Purpose of maintaining
tural use and as o e such property
P n area, Y for agracul-`
R E C I T A L S;
WHEREAS) pursuant to the County's General Plan)".
pxoperty of Grantor the Count ',
(S) described Y has determined
land co; in Exhibit ,'�Arr is agricultural
istituting a natural resource of
WHEREAS, Butte Coul�ty and
the Count
YPs General Plan sets forth a Pa
the Agricultural Production llcY of Protecting
Capability of Agricultural lands,. an
maintenance and conservation of this natural d the
WHEREAS l resource.
in furtherance o > and
Of such policy, the .
property described in �� , County has zoned the
Exhibit
A to an Agricultural Zonra,• and
WHEREAS, Grantor(s) desire(s) to creat
maintaining an agricultural accessorye a Tot for the Purpose of
thereon, such lot bein pursuant to Code Section 24-55
g described as Parcel 1,
WHEREAS, Grantors) has in sai d Exhibit "All;
'(have) applied fora and r
`
Of the use permthe it pursuant to granted approval
24-55 to provisand
thions of the Rutte County permit e maintenance of such a my Section_
grcultural accessories thereon; and
IMAMw
i
WHEREAS, in ander to
preserve and maintain the agriculturalpurposes
of the Agricultural Zone in which the propel -ties described in Exhibit
,All
are located, and to maintain the consistency sof said zone with the policies
set forth in the County's General Plan, it is necessary and desirable
that.
Grantors) covey'to the County the right to construct additional Agricultural
accessories on property described in Exhibit "A" as Parcel 2; and
WHEREAS, it is the intent of the Grantor(s) and the purpose of this
grant of development rights to allow the Grantor(s) to maintain an Agri -
Cultural accessory on the lot described as Parcel 1 on Exhibit "All and
Prohibit the _maintenance of Agricultural accessories on the property described
in Exhibit "A" as Parcel 2 so as to neither increase nor, decrease t i_ed
he number
of agricultural accessories permitted by the zone in•which the said pro erg
_ties are located. p
THEREFORE, in consideration of the approval, of the useermit
P granting
permission to Grantors) to maintain an agricultural accessory on Parcel
1
for the purp)se of maintaining Parcel 2 as open area for agricultural pur-
poses, Grantor(s) grant(s) to the County an Open Area Easement with Grantor(s)
and their successors' right to construct and maintain thos. agricultural
g ural
accessory uses set forth in Section 24-55 Butte County Code on property
described in Exhibit "A" as Parcel 2.
1. Nothing in this instrument shall be construed to affect the right'
of Grantors 1
Grantor(s) toa _y, operate, maintain, repaf, or remove water and sewer
Pipe lines, conduits, or drains below the surface of the area described in
Exhibit "A►' as Parcel 2 insofar as such activities are not incidental to
establishing any agricultural accessory use of said area, and are not in
conflict with the provisions of this Grant,,
2. This
grant- of
development rights shall not be construed to permit
p p p. ,
he public to enter upon the ro ;ties described in Exhibit "A" for any
Purpose whatsoever,
3• This easement and
grant of development tights shall terminate and
,the rights granted to the County herein shall revert t ^
' lo Grantor(s) upon the
occurrence of any of the following events:
}t
P
a. The property is rezoned to any other zone; or
b. At least ten (10) years has elapsed from date
Of recordation, and �
the Commission finds circumstances regarding said
Property an;d,
Other Properties ,in the area have changed sufficiently to reconsider
the restriction,
5 Grantors agree(s) that �
this document may be recorded in the Butte
County Recorder's Office.
IN WITNESS WHEREOF, The Grantor(s) has (have) caused
be executed as of the day and these Present to
Year first above written.
GRANTOR(S)
EXHIBIT "A It
All that certain real property situate in the County of Butte,
State of California, described as follows;
Being portions of Lot 8, according to that certain Map entitled,
"Map of the douse Subdivision, of the Pratt Grant--NumbOne,
Durham, Butte County, Cal:i.fornia'$, which Map was fil,rd in the
Office of the Recorder of the County of Butte, Stato of, California,
December 5, 1910, in Volume 7 of Maps, at Page 33 and more par-
ticularly des-cribed as follows
Parcel One;
Commencing at the Southwest corner of said Lot 8 in the centerline
og House Avenue; thence_ along the West line of said Lot 8, North
0 06' 12" East, 30.00 feet to the true point of beginning for the
parcel herein described; thence from said tr8e point of beginning
and continuing along said West line, North 0 06' 1211 Easi,, 235,.20
feet; thence South 89 57' 43" East, 329.02 feet; thence youth 0
06' 12" West, 235.00 feet; thence North 89 57' 43" West, 329.00
feet to the true point of beginning and containing 1.77 -._.:res,
more or less.
Marcel Two
Commencing at the Southwest corner of said Lot 8 in the centerline
o� Rouse Avenue; thence along the West line of said Lot 8 North
0 06' 12" East, 265.00 feet to the true point of beginning for
the parcel herein described; thence from said true pint of be-
ginning and continuing along said West line, North 0 06' 1211
East, 981.50 feet to the Northwest corDer of said Lot 8; thence
along the North line thereof, South 8qu 57' 43" East, 698.27 feet
to the Northeast corner ;of said Lot 8 thence along the East ;ine '
thereof, South Oo 05' 241' West, 1216.50 f8et; thence North 89
57' 43" .'.est, 369.55 ;eet; thence North 0 06' 1211 East, 235.00
feet; thence North 89 57' 43" West, 329.00 feet to th6 true point
of beginning and containing 17.73 acres, more or less.
a IN 0
-""' WO'Ki, bacu
r
'
'o othotw Peld "98,01"
Endors twombef,
ad
Alltonol.41ch 0
IRV
J
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Ell
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Ole -
JUL
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4 an the teveTs*.
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�Sultcllp- 0. V30y. or
.0 lete Rem 1, 2,3 80 4-
(0 sENDER:- CO he: ' -qF -s P-te On the
6 1 P . Vour addreg,- in I _-f6FtKT0*
ut
re�jeneside- Failure to aO thiswill Prevent *111� 'at o Itorn
h, , et u t G T fS 9112-t - 1 q@ I
being returneo to VOU. Z -L=, d to S116714r., d0 -10-t
-J, el -I r
CO Vou the na!Mw lq.�
ae�rweet- I -Or 3ddit'ona' M. t�e heric box;zs)
-� �aaabia, Consult postmaster iOr fees. ano
c -
for serviceis) requested-
mpletp jteMS 2,3 W"
.__ - K i.- spa, e on
h FS7 U Ft T it
in' %vil
,,e I h's
he r tu
e L
Shovj to vvhqrn. date
Go
2.
Aniclu Addressed ;0-
�Dale Ant011owich
Z905 House A-ve'nue
Durham, CA 95938
c a'. Arj;cle NU-hcc
TVPe Of Scrvi
6097
'P2Z92966097
ReqiFVeMl 10""L
Mo
r_,.,
n_ C CO) D
BE =Cer.Ried
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a
addresse
natur e nt
�.n s
....... "hinin SiQ
Addre ss,
rn
V)
6 signature Age,
-i
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M
7. E)aie of Delivery
M
-� �Z--
:7
w
ddresS #rep,
3, L\ndressee
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M
292 966 097
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIQ:0—
NOT FOR INTERNAllotiAL MAIL
(See Reverse)
5 NTT
0
[M!Ze Antonowich
TMt6 f po
4 0
ouse Avenue
'0 Sj. kT - r) 11 epc
Si TEANDUCOPE'
Dulrhwri, CA 95938
I IXWTI� lt,f,) FEE
'Ti
fa
P Vj
14
TOTAL POSIA139 AND FEU;
PbSTMARY OR DATF
7/18/85
EF", 71�1:
Dale Antonowich
2905 House Avenue
Durham, CA 95938
URTIFIED MAIL
I
i uounty urgitar unvo
Oroville, California 06065
916/534A7134
,July '17, l985
Re: Use Permit, APfi 38-08-08
Dear Mr. Antonowich:
Enclosed is your validated Use Permit No. SS -39 to allow the segrega-
tion of an agricultural Pro(;cssing plant (almond Miller and dryer)
in an ag. zone of A-20 locatod on the north side of House Avenue,
approximately 300 -feet cast of Lemm Road, South Durham.
Should you have any questions rogrardiiig this matter, please contact
this office.
Si r�� erely,
//'//, 1
1"41, ;?AeZ�7
AOA'. Xitcher
Director of Planaing
BAK:ell
cc: Department of Public Works (2)
Environmental Ifealtil
Dept, of Forestry
-77
8uffo Co. plani,11119
jUL
USE PERMIT
BUTTE COUNTY PLANNING Commil.
HSION J -111Y_171.
PE
PursLlanL 1-0 PARbEL
t, VIP,
BL(tte and thti 500ci ZC)r1ing llrdihAnao r
hereby orart 'p
'h fj
set f "ow%.y r)alLl Antonowich is
r�tlrlditianr
t rJ Lls'� P':!. 'mit ".1 a-aL:0r*d4kr'r-*c2 with
.3n agricultural
1:11ow the segregatZon of
fj,,Ld
hulier and drye . I z
r) on Processing Plant (almond
aPProximately :30() +,,ProPertY located on the north side Of House Avenue
t east o+ Lemm %adt south DL'rhamj zoned A-20,
'--'�ntPly With, tho
for ut " C'0-�Idlticjns zpt-al 'fi0d' heruin t
AP13lica+,ion and j�zs,_tajco he
pe
fr, it
t�,1,4. Lj 'n 0C(xrd;,inr-f:� L,4it�) C In
P"'I
, _3Vj '11Cii tit
Idi i� Icn- mij,iJ- b,7� 'pc t 1:i p ur ni t
Cal
thV .4rilli tto
"'CLthin 1�2 Of
v's j- tJ d POF mit to thrn
L
A _QQ.
Per (p. i t.
t h
OSt3bl W I 'k t, i n an P yL 31 -ante(:,
CO U n t ru r s d' -A t F' -0
C) 4: 1 -ay.'Pt f)�f thO
-�knd voiji prriij�(jj t nh'.
. '� 3. ,,
W"!
SPECIAL CONDITIONS; f f� (Me,
Prior to thc,
n,
-v C t h e
tc)
r cz,L, r i t.- U:
p r 1:3 p i t i I
' 'fi i"
I'a zone, -
h At
1p n- v oa r
r -1A
it r
IV
shall be aroated pi.rsttarit to the- rellwirefn-nt.v, of GhaPtOr 2(.)
ai +.hQ, DUttO CQuntY C;QdV and the State SLtbdivision Mop ("kat
Or fjaj--bnt-�rit
M�tewt the r*qUireryieritti., o+ the Sut�e County Healt 1
rjL(idiV,jq5 or, -1:he segregated parcel to bQ limited to thrj--,t4 ILIMAIn an
the niap dated 5/23/85 st-tbmitted by Sie"ra West Survuyin(j�
qLtilding an the remainder o+ I -at 8 to UV limited. f,o one dwr�lling-
6.
0
App:Licant murt 11so comply with all other applicakyle U,:atu ond lar-4�1
�stawtet3f ordinances, and ruqulation�i,
I herr2by declare under penalty of per,jury thai.- I havu- read Lhc
+oregoing conditions, that they are in the coriditionv., t,4h,j,r.h
-L
wer-o imposed upon the granting of this us- pertait, and that I agr
to abide fully by said conditions
Dated:
Applicant
N, 0 T F- IssUanCO nr tl`-'s Us�- Permlit does w -j -r. waive requii-v.m�,'�rit (:)+
'int po -x� * tar +
and Wsalth Ovpartmr- -rmit-o
a o +-. h e r
(--on%tr,ua,tinnj nor does it waive cPV
Ch,Air-man o -F Planning
Departmr.wt o+ Publc Workv.- (2)
Health Dopartmckn��
Fire Vepar�Lment
Mgm I
wIll
LAND OF NATURAL
PLANNING COMMISSION
1 COUNTY CENTER DRIVE - OROVILLIE, CALIFORNIA
Pl 534-4601
June 11, 1985
Dale Antonowich
2905 House Avenue
Durham, Ca. 95938
Re: Ilse Permit AP 38-o8-08
Dear Mr, Antonowich*
iginal and one copy Of Your Use Permit No- 85-39
I.tilclosed are the orl agricultural processing plant (airliond
to allow the segregation of an A"20 located on the north side
huller and dryer) on property zoned
of House Avenue, approximately 300 feet east of Lemm Road, south
Durham.
Please sign both copies and return them to us- We will then have
them validated by the Chairman of the Butte County Planning Commission
and the original will bereturned to you for Your records,
T I he t1se Per,nit is deemed granted when this permit has been signed
t, with the counter signature of the. Chaiman of
by the applican I is received by the applicant
Elbe Planning Commission, and said permit
by registered mail.
Should you have any questions regarding this matter, please contact
this office,
Sincerely,
1,/ZBA. Kircher
Director of Planning
", V.1"
ell,
APPENDIX 0
NOTRu-, oF nETr-RN%1NArkcnq
It rl / "
(Xilee of Planning and Research
1400 Tenth -Streett Room 121 FROM: Pi ng ep rtmfnqi
r
2!1
Sacramento, CA 9581� IC �e
41 " �rl Yf �Iv c
or Or ille� CA 95965
2L Coulity Cleric JUN
County of Butte
ELEANOR M. BECKER, Comly C'cr!)�
SUS3ECT.- Filing of Notice of D\ -,termination in compliarIce %Nt4 'I - 'mcnilu,
Of tile' Public Resources Code. 24 U-4 rD,2:VJ 3 2
Log #85-02-..,.)6-01
ect Title. A�i Name
Use Permit
r�f 38-08-08 Dale Antonowich
Cl in
,CoWa—ct p-
g,ou;; eis-6n-�,2--_� -
W Submitted to Clearinghouse)
B. A. Kircher
Director of Planning (916) 534-4601
FF73��R-Y-Z�toi------- ...............................
On the north side of House Avenue) approximately 300 feet cost
Of Lemm Road,
3'ec
't Description
Use Permit to allow the segregation of an agricultural
ind d Processng plan (almond huller
----------
This Is to adivise that the -- Butte COUntVP1,,,4.-
%J-=iU t1gency or Re5Poii41ALJ1Cftgency)
has approved the above described Pl'oJect anti has made the
regarding the above described project following determinat'
ions
1. 'The project will,
J /k� will not, have a significant effect on the environment.
2. An Environmental bripact Report was prepared for this* project pursuant
to the provisions of CEQA.
A Negative Declaration was prepared for this project, pursuant to the
provisions of CEQA.
The EIR or Negative Declaration and record of project a
examined at-, pproval may b, -
Butte County Planning De —
7 Count,, C—ter DrIve
Mitigation measures — were, L- were riot, made a condition
of the project. of the approval
4. A statement of Cverrldlng Considerations
this prn,,,p,�. Wails, Am notq adopted for
DaW Received foil Filing , 6/10/85
0 6 APPENDIX G
NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACT
1. NOTICE IS HEREBY GIVEN that the project described below has been
reviewed pursuant to the provisions of the CAlifornia Enviroamentztl
Quality Act of 1970 (Public Resources Code 21100, et. seq.) and a
determination has been made that it will Tiot have a significant
effect upon the environment. AP #38-08-08
1 Log #85-02-26-01,
2. DESCRIPTION OF PROJECT: Use Permit to allow the segregation of an agricultural,
processing plant (almond huller and dryer)
LOCATION OF PROJECT: On the north side of House Avenuo, approximately 300 feet
east of Lemm Road, south Durham
4. ME AND ADDRESS OF PROJECT APPLICANT:
Dale Antonowich Sierra West Surveying
2905 House Avenue 5437 Black Olive Drive
Durham, Ca. 95938 Paradise, Ca4 95969
S. MITIGATION MEASURES:
None
6. A copy of the initial study regarding the environmental effect
of this project is on file at 7 County Center Drive, OroVille-
This study -was -
Adopted as presented.
Adopted with changes. Specific modifications and
supporting reasons are attached.
7. A public hearing on this Negative Declaration was held by the
decision making bod)r.
Hearing Body Butte County I lanning Commission
Date of Determination May 23, 1985
Determination.*
On the basis of the initial study of environmental impact, the
information.presented at hearings, comments received on the
proposal and our own knowledge and independent -research:
We find the proposed project COULD NOT have a significant
'[4,effect on the environment, and a NEGATIVE DECLARATION is
hereby adopted.
We find that the project COU I LD have a significant effect
on the environment but will not in this case because oE
attached mitigation measures described in item 5 above
which are by this reference made condition.,; of project
approval. A conditional NEGATIVE DECLARATION is hereby
adopted.
re
Alan Avis� Chairman
Butte County Planning Comrhission,
Title
Date
Butte couft t
j V! I A i
PLANNING COMMIS$ION
7 COUNTY CENTER DRIVE - OROVILL[, CALAI ONNIA
PHONE., 534-4001
May 24, 1985
Dale An-tonolvich
2905 Ifouso Avenue,
Durhain, CA 95q�38
Re: Use Pcrmit, AP 38-08-08
Dear Mr. Anton.owich:
At the regular meeting of the Butte County Planning COmmission
held May 23, 1985 your -request for a Use Permit to allow the
segregation of an'agricultural processing plant (almond hull,or
aild dryer), on property located on tile north side Of House Avenue
approximatclN 300 Feet east Of LeMm Road, sOl'th Durham, �qis
approv . ed SUbjoct to tile following conditions:
li Prior to the division being effective, th,0 owner or owners
Of tho property includo(i in tile approved development plan
shall execute and cause to be recorded in the Office of the
Recordcr Of Butte County a restriction binding upon the
original Owne-'s, their I L
101ysp successors and assigns, which
disallows addItional build*in.qs from.being located on tile
property until cither of t"0 rOl-10w.1119 occurs-.
11
Z: . The PrOperty is rezoned to ally other zone; or
b. At loast tell (10) years lit -is clapsed from date of
recordation, Lind the Commission finds circumstances
rogardinn, said property and other properties in the
area hav"
.0 changed Sufficiently to reconsider tile
"Ostriction.
Parcels shall bo created Pursuant to tile requirements of
Chapter lo of tile Butte County Code and t
Map Act. 110 State Subdivision
3.1 Meet tho requirements of tile Butte County ficalth, Department.
4. Buildings oil tile
ScgrOtmtcd ptarcel to be I'mited to those
shown on the Map dated 5/2.3/85 submitted byj Sierra West
S urve
i
Dale Anton"
May 24, 1.985*
Pa'ge 2 -
Building On the ,,,,,jndeT of Lot 8 to be lijaited to On.0
dwelling - applicabl,c State
31Y qith all, other
also colal an d -regulations
statutes, ordinances
60 AVPlicant Mus"t
and local ivllposc�d by the
to appeal any Of the conditions the C �Cri( of
j desire st do SO in to Oroville) CA)
Should YOtOmIllission! You Mu center DTi'102 not appeal
Pjanning' C v sots 25 county 1985. If 8�01,1 do PC r iod
aay aP 'al
the Board Of S"PeT 'Friday, jvj�jy 31, , Po �
-le the da
prior to 5100 P.M other n-ppeals Within t' ' 1985� te of
1 if there ate 'no Cd after June 6, 1411 ('10111111i'; $ion
and U prInit ,ill be is:5 0 j the planAl
3,our se ial approval Of f:'" m'111 -
the Offic of �Jay 23, 1985.
for their 1JACeting 'It d i P. g this "latteri Plo a*, C
any questions reg'
Should vlolhjilla"re -ice.
contact t off
sincerely)
'planning
Director of
BAK/sc-, rvL 5437 Bl,'Icl'- 01'vo Dr'' PaTadisc
siorr", y
cc, , I
Mark McClintock - proposed Negative Declaration regarding, environ-
mental impact and Use Permit for an ag. segregation to svpo,,rzate
a huller business ftom the orchard, and a Variance to Section 24-55
(a) to allow a parcel of 10 acres in size on property zonod A-40
located approx. 12001 west of State Highway 99, or, the south side
f Anita Road, identified as AP 47-13-123, 124, 126, iiurthwest of
Chico,
Staff read the analysis of the staff findings.
The hoaring uas opened. i
Myles PustejovsRy had no comments, he was there representing the applicaT)t
to cansiver quostions.
Conmiissioner Lambert questioned 3 parcels on map submitted?
mylos PustcjovsIy stated the map was multi p,,..�,pose, it was being, used for
a BI,N, this ag. seg. arid later for tho TPM resulting from the ag. seg.
flic stitcd that the property shows as 3 parcels on Assessor's -iiap, but there
aro only two legal parcels.
Staff stated that the -reason the BLM has not been pursued was to wait for
thi�,z ag. seg.
CommIssioner Avis questioned if all owners signed the petItion?
StafE stated not all, of the owners of record, but they would -need to
sign at the time of segregation.
No additional process facilitics being allowed was discussed.
Commissioner Lambert questio ted if the iaap submitted indicated all future
buildings proposed?
Myles PustojovsIy stated this seg. was for financial -reasons at this point.
Commissioner Behunin questioned any building proposed on adjacent property?
Myles Pustojovsky stated not to his knowledge.
Bruce McClintock, brother of the applicant, was concerned about the code
stating that no additi&al buildings could be constructed, He objected to
this condition.
Mi
CommissiOner Behunin was also concerned about the condit-
boj,din s
9 'f theY would not affect ag.
use, 'on fOl' no additional
Vice Chairman Schrader recOmmended rewriting the ag. s -
suggested Conimissioner Lambert and I
Myl e S Comm*ssioner Behun7eg' ordinance, Jq e
applic Pustejovsky stated that he would like this In work on this.
ants can meet Ivith 'teln continued so th(�
The hearing was
C� cOntinued to January 19 , 1984 at 7:0c p.m.
It was suggeSted that, the Ag. AdvIsory
Lambert and Behun-11
I on t Committee meet Wi th
rew4v%ite Of -'this Ordinance., Commissioners
�019/
PHONE, 53d-44,01"
Dale Antonowich May 10, 1985
2905 House Avenue
Durham, Ca. 95938
R,!�, Use Permit, AP 38-08-08
Dear Mr, Antonowich;
At the regular mpeting of the Butte County Planning Commission held
May 9, 1985, the public hearing was continued to May 23, 1985 at 7:00
p.m., to consider your request for a Use Permit to allow the segregation
of an agricuitural processing plant (almond huller and dryer) on property
zoned A-20 located on the north side of House Avenue, south Durham.
This meeting will be held in the Board of Supervisors' Room� 25 County
Cen�er DrivI-, Oroville, California.
Should you. have any questions regarding this matter, please contact
this offiop.
Sincere Lv,
84 A. Kircher
Director of Planning
' /t�et�
/S Itep h e /
Senior Planner
SAS,lr
cc- Sierra West Surveying
4537 Black Olive brive
Pardise, Ca. 95969
PROfESSiONAI ARCh/E0[0qiCA1 SEROCES
Mr. Dave Hironinjus
Butte County Planning Commission
7 County Center Drive
Oroville� California 95965
Dear Sit.
March 28, 1985
Buff Q Co. Planning Conn
gm
k" 35
OrOV1119, 0alifornJ4
On March 27, 19085J 1 performed an intensive, cOMPlete archaeological
survey of a two -acre parcel in Durham just north of the intersection of
House and Lemm Roads. The parcel is the site Of an almond huller/dryer,
and is within Lot 8 in Section 3_54 Township 2114j Range JE at the extreme
northern edge of the Nelson 7.51 Quadrangle. The surve was unaerL
at the request of s' Y aken
iorta West Surveying of Paradise on behalf of their
client Dale Antonowich.
T4e survey revealed no evidence of the presence of historic or pre-
hiscoric cultural resources. Accordingly, immediate archaeological clear-
ance is recommended.
A final report of the survey will be completed within about one week,
This report, which will fulfill the requiremOnts of the State Historic
Preservation Office, will consist of a briefj unbound letter report. It
will detail the background/context of the surveyj present the results of
the records search, provide PlCise locationel information, and explicate
the methods and results of the survey. Appended.to the report will be a
Project Location Map depicting the parcel on a USGS topographic sheet.
Copies of the report will be Provided to Sierra West Surveying and
the California Archaeological Inventory, Northeast Information Center,
California State University, Chico. At Your option, a copy of the report
will be provided to the Planning commission.
If you require auy additional information pending the completion of
thc final report, please feel Cree to contact me at the Paradise address
or phone number below.
Sincerely,
Alfri) Farber,' Director
Professional Archaeological Servi,ces
cc* Si.erra West Surveying
ALFRED WIER 6635 Quail Way, Paradise, Ga, 95969 -
11M RELIENSCHWANDIR 3161 Godmari Avenue, 0hica, Cg, 95926 19 10 342-0278
�m
SIMA WEST
SURVVING
5437 Black Olive
Drive
Paradisej
California
95969
APRIL
1985
7� -.4
.1 L
!W � , ". � " . I' , ,, - I - -. . '-"' , " .. - " ,
MIA
q"l
..... . . . . .
INTRODUCTION
0_�
A land -use Permit is being sought. for the operation Of an
dryer located near Durham in Butte County, almond fiullor/
lies just north of the ' California.
onmental con Inte rsec t ion "�'hO two -acre parcel
cerns, the Butte Of House and Lemm Roads. Among
Of cultural resources County Planning commission I OL11cr envir-
'as requested a roview
which might be located on the property,
Acting on behalf of the owner, Sierra West Surveying of
fornia contracted with Prof8ssional'Archaeological Paradise, Cali -
undertake an archaeological records search and an ,
naissance of the Servic" Of Paradise te,
parcel on -foot 4rcha(,olOgical rl.,�,on-
This report details the resultg Of these undertakings,
�LqKGROUND
Geogra nd Environmental Sett'
The Parcel in question lies within Lot 8 in Section 35, Township
Range 1E at the extreme northern edge of the Nelson 7.51 UsGS 21N,
quadrangle (1948--photorevis8d 1969) (see Map topographic
S Project Loc tion).
a
tuated at an elevation of 1371 above mean sea leveJ3 the Property lies
upon the Butte Creek/Sacramento River system f1bodplain and is ess
entially
flat and level, It has been under cultivation as an almond orchard, for approx-
imately 15-20 years,
The town Of Durham
from north is about two miles to the north, Butte Creek flows
River is ab to south about three miles east of the property$ and the Sacramento
out 12 miles to the west, This area is rural and oriented primarily
to agriculture. Orchards and rice fields cover much of the region.
LLn���round
Prior to the settlement
century, this region was the Of the area by Euroamericans in the nineteenth
of the No home of the Nichoopda Indians, the valley branch
rthwestern Naidu. The Konkow branch of the Northwestern Maidu occu-
Pied the foothills to the east ' Deeper in the Sierra Nevada lived
Al'stically related Northeastern
Nisenan or Southern Maidti. (Mountain) Maidu the ling -
One Of fi,,e language Together) these vari' and to the.south dwelt the
Ous Maiduan groups Constituted
s Of the California Penutian linguistic Stock
- Wilson and Towne 1978:387)
(Riddell 1978t370 familie
370), the three f' - According to Riddell (1978:
Orms Of Maiduan language were mutu ally unintelligible,
The Michoopda
central Sacramento or closely allied bands inhabited the eastern side of the
Valley
South as Sutter Buttes from several miles north of Chico to roughly as
the banks of the Sacram (Riddell 1978,371), Vi far
llages Lended to cluster along
ento and Feather Rivers and their majo- tributaries,
The Valley Maidu and other Maidu groups are cu
I Irrently engaged in efforts
to preserve and revive their language, ce r e
achieving some Success these endeavors (Riddell 197
in amOnies, and arts) and are apparently
-L 84386),
AEC sha 1-12 _10 -F11 -i
Although some archaeological (`I'-Cavations have been (111d0rtaken to the
north of Chico, very little,
ically direeled toward the Du if any archaeological research has been specif-
reported for Lhe foo 'rham area. Some systematic G*XC*V tiOR has been
thilis about 10-12 miles west of Durhjj� (Oa
1963; Ritter 1970; Markley 1978). Isen and Riddell
Based on these excavations) Ritter (1970:173-174)
a,eological
complexes, The earliest of these, the Me
to predate A.D. 1) and may extend back to 1000 B.C. I '"'ncifled five arCjj_
Plox shares many Sim s' 144 Complex is thouglIL
ilarities with the coeval Martis or earlier. This com-'
Sierra Nevada as well as with the Central Califo , COMPlux Of the northort,
in rnia Early Horizon. Follo�q_
ing the Mesilla Complex are, 80 sequence the Bidwell
the Sweetwater Complex (A.D. 0-1300), the Orovill Complex (A.D. 1-800),
about 1800) and the Histor* e COmPIOX (A.D. 1500 to
ic Complex which represents tllc' Maidu Indians.
Markley (1978) believes that the sequence is unbroken for a out the last
2000 years ' suggesting perhaps cu Itural continuity culminating b
in the modern
Maidu culture. Recent speculations are that the Maidu or related Penutian-
speaking peoples may have resided in the region even during the Mesilla Com-
Plex. Period (Farber 1982; Clewlow et al. 1984).
. Accordiilg to Ritter (1970:181)) each succeeding Peri
this 3. area is marked by increasing sedentism, socio-politi Oa Of prehistory in
specialization on acorns and riverine resources, Cal complexity, and
History
4 -
One Of the first whites to enter into Northwestern Maidu territory was
the Spanish explorer Gabriel Moraga who
of the Feather River, $ in 1808, explored the lower reaches
In 1820, Captain Luis Arguello led an expedition into
the foothills 10 the east of Durham and gave the Feather i
1828, Jedediah Smith led a band of trappers into the ar R ver its
months, name, In
ea and stayed several
Over the next decade, many brigades Of Hudson's Bay Company trappers
followed, Captain Charles Wilkes o
reached a Maidu village in 1841. f the United States Explo.i. 8 Expedition
In 1844 Governor Manuel Micheltorena issued land grants
Maidu territory to two Americans. John Bidwel I within Valley
Chico three years later (Riddell 1978:385), established his estate in
Large-scale white immigration into this area began with the Gold Rush of
1849-1850, Along with the miners came farmers, ranchers, and Settlers. Live -
Stock raising was prominent inthe economy early in hiStOtyj but orchards and
ricelands now share an equally Prominent role.
PROJECT
Av"UI: RESULTS
Project Personnel
?AS senior archaeologist
the archaeologic , Al Farber, performed the records search and
al survey of the property and drafted this report, PAS
-2-
Associate Neal Neuenschwander prepared the Project Location
this report. Map appended to
Records Search
The maps and records of the California Archaeologi
east Information Center at California Sta Cal Inventory, North -
to ascertain whether any historic o te University C111,,CO , wer
recorded wi r Prehistoric cultul � e examined
'o thin or adjacent to the project area and t ral resources had been
,gical sensitiv-�L'ty of the property. 0 "I""Iss the archaeo-
The records search revealed no previously recorded aiLas wi . thiri the par-
cel. Three prehistoric sites of marginal interest to ttjis project were noted
within a twO-mile radius of the project area. Site CA-BUT.,479/289 is located
I
L60ut li2 miles (2.4 km) west and sl'gbtlY north Of the project area. it is
Part of a cluster Of Michoopda or Valley Maidu
Sl,,POssibly one named
"SaPse". Site CA -BUT -5 is located within Durham about miles n
village
.orth and
mile (0.8 km) east Of the parcel, and is believed to be the Wchoopda vil-
lageof "Tadoika". About one mile (1.6 km) southeast Of this site is CA -BUT -11,
possibly the site of the village known as "Eskin". Despite the proximity of
these villagesJ the parcel was deemed to Possess only moderate archaeological
sensitivity due to its distance from a year-round water source.
S
The smal.1 size of the parcel, the moderate archaeological I sensitivity,
and common practice dictated that a complete archaeological survey of the
property was warranted. A complete survey is one in which the entire pro-
ject area is subjected to an intensive, on -foot, systematic examination by
a trained, professional archaeologist.
Rows of trees within the orchard are spaced approximately 7.5 meters
apart, and
tematic) ev it wcis deemed appropriate to traverse the parcel by means of sys-
�nlY"spaced transects spaced at 15 meters—every second row. The
space between rows is covered with orchard grass and other vegetation, but
within each row is a corridorOf approximately two meters width which is kept
free of vegetatioa. Hence, the ground surface is easily visible. A total of
eight transects were thus systematically examined for evidence of hi
prehistoric artifact$ or features, istoriq or
Although archaeological surveys generally allow only the examination of
the ground surface, recently cultivated earth around newly Planted trees,
one uprooted tree, and rodent burrows afforded the opportunity to glimpse
the subsoil in several locations.
Survey �esults
The reconnaissance was performed on 'Harch. 27, 1984, No historic or pre-
historic artifacts or features were observed during the survey.
Recommendations
Since the results of the rec I ord8 search and the survey were totally
negative, immediate archaeological clearanco for the use -permit is
recommended,
-3-
However, should land -use on this parcel in connection with the almond hullar/
dryer operation or any other activity subsequently reveal the presence of any
cultural resources (i.e. historic or prehistoric sites, features, artifacts,
human skeletal remains), activity should cease until a qualified professional
archaeologist has been consulted to assess the archaeologic or historic sig-
nificance of the resource.
ACKN OWLEDGE' MENTS
The cooperation and assistance of Mr. Thomas Wrinkle and Mr. Gordon
Shields of Sierra West Surveying is gratefully acknowledged. Thanks also to
Mr. William Dreyer, Assistant Coordinator) California Archaeological, Inventory,
Northeast Information Center for information pertaining to Michoopda village
locations and for other assistance.
REFE�ENCES CITED
Clewlow, C. Wi4 ir,, R. D. Ambro, A. G, Pastron, S, G. Botkin, and M. R. Walsh
1984 Stage II Final Report for CA-NEV-407 Archaeological Data Recovery
Program. Report on file, Caltrans, District 03, Marysville,
Farber) Alfred
1982 Archaeological Excavations at Chalk Bluff Ridge, Nevada County,,
California, With a New Interpretation of the Martis and Mesilla
Complexes, Publications of the Research Archaeology Program,
Anthropological Papers No. 3. California State University, Chico,
Varkley, Richard E,
1978 Archaeological Excavations in the 0 oville Locality, Butte County,
California, 1975. M.A. thesis, California State University, Chico,
Olsen, William H. and Francis A. Riddell
1963 The Archaeology of the Western Pacific Relocation. California
State Department of Parks and Recreation Archaeological Report No. 7.
Sacramento,
Riddell, Frand
is A.
1978 Maidu and Konkow. In Handbook of North American India. i, Volume 8,
California n
, R. F. Heizer, ed., pp, 370-386, Smithsonian Institu-
tion, Washingtonj D.C.
Ritter, Eric W.
1970 Northern Sierra Foothill Archaeology: Culture History and Culture
Process. Center for Archaeological Research at Davis Publication
Noi 2, pp. 171-184, University of California, Davis.
Wilson, Norman Li and Arlean H. Towne
1978 The Nisenan. In Handbook of North American Ind ans, Volume 8,
California, R.—F. Heizer, ed,,, pp. 387-397, Smithsonian Institu-
tion, Washington, D,C,
-4-
o7, t,
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14
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t ir� !71
rr
'04"
r4
s 14
t7
lei
ri
4l,
ib
AF
Rate /Oun
L A N D 0 F NATURAL
W I A I I A W 1) R f'A 0 Y
PLANNING COMMISSION
7 COUNTY CENTER DRIVE aqoVII-t C,', CALIFORNIA 9SM-3391
PHONE! 534,4601
Dale Antonowicb April 23, 1985
2905 House Avenue
Durham, Ca, 95938
Re: Use Permit, AP 38-08-08
Dear Mr. Antonowich;
Enclosed is a copy of the Staff Findings concerning Your application
for a Use Permit to allow the segregation of an agricultural processing
plant (almond huller and dryer) on property zoned A-20 located on the
north side of House Avenue, aPPtoximately 300 feet east of Lemm Road,
south Durham.
A public hearing has been set for May 9, 1985 at 9:00 P.M. This meeting
will be held in the Board of Supervisors' Room,, 25 County Center Drive,,
Oroville.
Should you hil,a any questions regarding this matter, please contact
this office,
Sincerely,
/0, e./ircher
Director of Planning
BAK:lr
Enc.
cCf Sierra West Surveying
5437 Black Olive Drive,
Paradise, Ca. 95969
I— I'VE
Qt�%� '
Dale Antonowich
2905 House Avenue
Durhamo Ca. 95938
Re* Use Permit) AP 38-08-08
Dear Mri Antonowich:
1� L A ki TY
I. - " I".1. i L' k.A.'11-VKNVA 70�VOJ#44VI
Pht!Nt, 514,407
March 22, 1985
An initial study of your proposed project, a Use Perml,t, Indicates
potentially adverse impacts to '�ie environment (refer to Appendix
F). To reduce or eliminate th-,�se impacts) suitable mitigation
measures are required as par��4 ov.' the project. Otherwise, an envir-
onmental impact report (E."T'.Rk) is required pursuant to the California
Environmental Quality Aa,,,,.
Your project lies in, an ;irea where archaeological sites have been
recorded an -d potcnr-�a.11y exist on this development site, so Lill
archaeological sui,-vey by a qualified person is necessary. If you
are not acquaint,.;d with a qualified person, to complete the archaeolog-
ical survey, 1 -swelgost you contact the Archaeology Department at Cali-
fornia State iniversity, Chico (916-895-6192) or Jim Manning, District
Archaeolog-1,,,c (916-893-9656). They can suggest someone with the necess-
ary trainj;ig for this work4
An earl�,, response, to this notificationp sent to the Planning Department,
will e�cpedite the scheduling of your project.
Should you have any questions regarding this matter, please contact this
office.
Sincerely,
B. A. Kircher
Director of Planning
David R. Hironimus
Associate Planner
DRH: lr
4 X-11 �.,,
But 0 C19unty
ken"
5A
LAND OF NATURAL WC�ALTH ANO OEAUTY
PLA14NING COMMISSION
7 COUNTY CENTER DRIVE - OROYILLE, CALIFORNIA 95969-1,397
PHONE- 534-4601
M I arch 1, 1985 4%. Co.
Dale AntonoWich
2905 HouSe Aver-ae R
Durham, CA 95938
RE: tse Permit
AT? 38-08-08
Dear Mr. Antonowich:
in reviewing your proposed project for pote,tial effects on the
environment, we have come to a point in our review where we reed
additional information.
Your project lies in an area where archaeological sites 'have been
recorded and potentially ex1st on this development site, so an
archaeological survey by a qualified person is necessary before
we can complete our rev:Lew.
At this early stage of project processing, we have identified this
need for archaeological information because of site sensitivityo
and are asking for the survey at this time to reduce subsequent
delays* However, after further project evaluation, additional
information may be necessary in order to complete the environmental
evaluation.
We are enclosing a copy of a list of local consultants for your
information.
If you have Any questions or comments, please contact this offi(,e.
Sincerely,
B. A. KIRCHER
Director of Planning
David R. Hironimus
FIX/
Associate Planner
IS
DRH:Ikt
Enc.
"J
49 1) e
/cc: Sierra, W est Surveying
Now
Onto
L A N D 0 F NATU RAL WEALTH AND BEAUTY
PLANNING COMMISSION
YC
7 COUNTY CENTER DRIVE - OROVII.LB, CALIFORNIA 95965-3397
PHONEi 534-4601
March 1, 1985
Dale AntOnOWich
2905 House Avenue
Duriiam, CA 9593)8
RE: Vse Permit
P 38-08-08
Dear 14r. Antonowich:
In reviewing Your proposed project for potential, effects on the
environment, we bavie come to a point in our review where we need
additional information -
Your project lies in an area where archaeological sites have been
recorded and potentially exist on this devc-,,Iopm(-nt site, so an
archaeological survey by a qualified person is necessary before
we can complete our review.
At this early stage of project processing, we have ideatified this
need for archaeological information because Of site S811s'tivl-ty'
and are aeking 'for the survey at this time to reduce subsequent
delays. However, after further project evaluation, aclditional
information may' be necessary in order to complete the etvironmental
evaluation.
-Ltg for' 'Your
I We are enclosing a copy of a list Of local cor"'ultal
informatlono s or Comments, plea�,ie contact thi*; OfficL,-
If you hava any question
Sincerely,
Bi A. KIRCHER
Director of Plaftnin&
David R. HironimUs
LIST LOCAL CO
NSU�t,TANTS
FOR PREPARATION
Eco -Analysts
114 West 7th A -venue
Chico ion, M. �Ariderson, p.,_p.
, CA 95926 968
(916) 34 2 - 5991- ., Myrtle Avenue
ChIC0, CA 95926
Earl D. Nelson 4 Assoc. (916) 343-7396--
509 Wall Street NorthStar
Chico, CA 95926 Eng �
(916) 893-0491 377 C011nors Cxn0erjj-,jq
Chico OvIrt, B
CA 9S92d
Cook Associates (916) 893-1609
2060 Park Avenue Ringel & Associates
Oroville,_CA 95965 331 Wall Street
(916) 533 645-7 Ch .1 C
Geddis (916"' CA 9.5926
Driscoll & Assoc. )� 343-5841
220 Grand Avenue Barnhart, Brown 4 Assoc.
OrOville., CA 95965 1881 RobA
(916) 553-2068 nsOn Street
S965
Oroville,-CA 9. (P O -Box 1576)
(916) 534 1911
B, P* Enterprises OTHt�R CONSULTANTS
Jim Plann -
Ing, Archaeological Specialist D,
P, 0, Box 186S - Kingsley Ste,n
Chico, CA 95927 (Botanical Survey)
(916) 893-9656 Chico State Univers ity
(916) 343-5358 Ch, CA 9.5929
11co'
Peter Jensen (9 6) 8 9S-5381 (5356)
Research Archaeologist
Ch'c0 State VIII'versity Jim
Ch Jokerst
(9icO, CA 9S929 (Botanical Survey)
6) 895-6811,34S-9515,895-4300 (Of:E.) Rt. 1, BOX 312C
Oroville, CA 95965
PmEessional Arc�,aeo logical Services- (916) 53A-9029
241 Old Oregon Trail Jeffrey Prouty
Reddi
(9 Ing, CA 96003
16) (Botanical Survey)
Reddi fo
�hicO 342-0273) Paradise 872
-ng Cali rnia Native Plant
246-0761 socletv
J"n STIOwde Biologist Chico St�t 0 University
Dept. of "I Ch6
Ro Fish and GaIne CA 95929
6)
ute, 3 1 -co'
I
C11 Box ssi (9 3 5-6334
'c0o CA 95926
(916) -
545-2864
I'm 01
Ak
1, 4
&0un
LAND 01 NAIUIAI WEA111I AND
A U T'Y
COMSSION
PLANNINC
7 COUNTY CENTER DRIVE - ORC)MLEo CALIFORNIA 9MS�3397
PHONE:534-4401
Febru,-11,-y 26, 1985
Dale Antonoivich
2905 ficluse Ave.
Durham, CA 95938
RB: Use Permit
AP 38-08-08
Dear Mr. Antonowich:
Your application for a use permit to alloiv the segregation.
Of an agricultural Processing plant (almond huller and dryer)
in the A-20 (Agricultural -20 acre) zone, located, on the north
side of House Avenue, approximately 300 feet east of Lemm Road
in South Durham has now been deemed complete.
An initial study of Potential environmental c011sequences
anticipated in connection with this p
by the Butte County . roject is being completed
to You. Planning Department and will be forwarded
Should yoti have any questions regarding this matter-, Please ±eel
free to contact this office.
Sincerely,
/ .A.
Urector of Planning
BAK.:mc
CC: Sierra lVest Surveying
5437 Black Olive Drive
'Paradise, CA 95969
DISTRIBUTION LIST FOR MIEW REQU,ESTS
v"'County Public Works IRRIGATION WATER
F—Biggs-W. Gridley Water Dist.
,ounty Env. Health Butte Water Dist.
City of Biggs Durham Irr. Dist.
city of Chico —7— Oroville-Wyand. Irr, Dist.
CCity of Gridley Paradise Irr. Dist.
ity of Oroville - Richvale Irr. Dist.
7— Town of Paradise Table Mtn. Irr. Dist.
County —7— Thermalito Irr. Dist.
ft—a-t-e—Tr—ansportation Dept. RrTRTATION FACILITIES
UMUTTIC WATER Chico Area Rec. & Park Dist.
Berry Creek Water Co. Durham Area Rec. & Park Dist.
Bloomer Mtn. mutual Water Co. Feather River Rec. & Park Dist.
Brush Creek Estates Paradise Rec. & Park Dist.
gutte Water District —T— Richvale Rec. & Park Dist.
CA Water service Co. (Chico
urban area & part of Oroville) State Parks & Rec. Dept.
State Fish & Game Dept.
Del Oro Water Co.
(Paradise Pines)
Feather Falls(Louisiana SCHOOL DISTRICTS
Pacific) Biggs —Unified
Forest Ranch Mutual Butte Community College
Gran Mutual Skansen Sub.) Butte County v sup. of Schools
'7— Green Acres Rlenwood Dr.-Chicd) —7 CA State Uni er.sity, Chico
-"-7— Gridley Farm Labor Camp T— Chico Unified
—T— Lake Madrone Water Dist. — /— Durham Unified
Magalia Co. Water Dist. 7— Feather Falls Union
Merry Mtn. Mutual (Clipper Golden Feather Union
Mi I i s) Gridley High
Mulberry Water (SE Chico) Gridley Union
I Northweeds Mutual (Forest Ranch) Oroville Elementary
Ramirez Water Oroville Union High
Springs of Living Waters Palermo Unified
(Richardson Springs) —7— Palermo Union
Stirling City 7 Pioneer Union
(Diamond International) Thermalito Union
Vista Mutual (Durham)
COL14MUN ITY SERVICES SEWERS
'Leime Saddle Comm. Serv. Dist. Richavle Sanitary Dist.
DRAINAGE N. Burbank Pub. Utility Dist.
Butte Creek Drainage Dist. (S. Oroville & Kelly Ridge)
'kansen Sub. (CSA 21)
ELECTRICAL.P.OwER Electric Sterling city Sewer Maint. Dist,
L t— Pacific Gas & Thermalito Irr. Disto (CS.A 26)
FIRE PR.O_TECTILN
El Medlo Fire Protect. Dist. TE-MOURtE MANAGEMENT Dept.
County Fire Department- State Water Resources
—L— State Division of Forestry U.S. Forest Service
MOSgUITO ABATEMENT DISTRICTS U.S. Bureau of Land Management
___L_. gurham, Oroville, or Butte County OTHER
POLICE
_.ERoTECTION
7-�<
State Highway Patrol
County Sheriff
11MISS10".11
BUTTE. C0UNTY6@-ANMIflG W NIA
7 COUNTY CENT�*R DRIV' - OROVILLEj CALIF011
PHONE: 5341-4601
Public Works Duffo Co. Manwing CQ'RM -WA.'ILE: January 8, 1985
TO: John Nilo-ndonsa JAN 1,985.
,RE- RpoLT-SCIT RWISM AND
L 1-1 1W V 11
Oroville, Califorak
VIVI
nerated concerning
r,,in,-Iry data our office has received or ge
,,nolosed is I n AP 38-O.L--08 -Use, Permit
the following project: _Dale Antq
P.Pwcl -at (almond
to allo-W the se r f_IL a Er-�c
v appro-,zimatel,
of
ocated of the north side,
(1-,rye'r
Durham.
—00— f —ee t east of.
of possible enviromtiental irrip-Icts and wjIl be
we are, mtikjng an assessment -tion' mitigated
P-eparLris an enviroAftlental docur,.-O'at, either a Nlegative Dcclara.
t Report -
imegative Declavatioa or aa Environ*�nLal I
please prov,.de any factual statemants, idea.,.-, for or OP'n'ona
area of con-�era or expert4,e that to either
yo"I Can Offel i -a your conomic impj^ts that thio project WAY gc,,,nerate.
Physic&l, social, or e --loted datp. Ij'-'.rI0 response is
please respond viWl'iri 14 days of thc ab"O
Lry, ther- it shall be a�-,umcd th!�,+ thero, are rLO
S&-,jera-"ued by this iallu J. ffib-h P -e putt-vitial frorl the project.
significant ep-vlronmental ic1PD-0vS w
We appreciate any assIstaace you cart
SincerelY,
Rj6R Rodr'lglir-17-F�
planniTig Techniciarl
0-
(bviLe orlty(-: SP L
BUTTE COUNITY 0ANNING COMMISSIQ�J
7 COUNTY CENTER DRIVE - OROVILLE,, CALIFORNIA
6%ctoo Co.
PHONE: 534-4601
JO
Bnvironmental Health 0, 1985
TO: Lynn Vanhart DATE, Januc-Iry'
RE: PRO!LECT_ PfBILT -:�W A RD
_t
ENVIRONIM241PA4, EVALUATION
Enclosed is preliminary data our office has roceived or nenorl-11,;od concerniq;
-the following project: Dale Antonoivich - AP 58-0�-Ok I
t1se Perm't
to allo1v the S(DgyRgcation of an agricultural. procewsin plant (almond
huller & dryer) , located of the north side of' 11puso Ave., appToximatel-,\
300 feet east of Lemm Road, south Durham.
We are making an assessment of possible environmental irripacts and will be
preparing an environmental document, either a Negative Declaration, Mitigated
Negative Dt3claration or an Env)-ronmental Impact Ropor.b.
Please pro�Tde any factual otatemente, ideas for investigation, or opinions
you can offer in your area of concern or expert.1�3�� that relate to either
physical, social, or economic impacts that this project may generate.
Pleas -e respond vithin 14 days of the above -noted date. If no recpanse is
generated by this, ip.qLiiry, then it shall be assumed that there are no
significant environmental impact,, which are pote�tLial from Lhe project.
We appreciate any ar3sistance you can provide.
Sincerely, J,J jA LTH
iAN 1985
!ifornia
Rick Rodr:Lguec
Planning Technician
Comments: LA L,
1*11 J."t (-14
(W.,Lte Or typu iL spaao provilied & retatrn this z0ioet.)
10