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"hn, Shed - (item determined to be exempt from environmental xzview)
J egrrriit to segregate 2. acres 1''rom 2x13 acres far a ixomasite in agricultural,
lands on property zoned A-40 (Agricultural - 40 acre'parcels) located on the south
side of Nelson Road, approximately 4,000 feet east of Durnell Drive, identified as
AP 038-250-006, Nelsen area, (CS)
r a be us;Jd as an agriculhxral employeedwelling: Staff asked that
t he
1,he
obi Bohm Commissionwaivedthe ,reading of the Staff Findings, Staff asked that the gat the
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mobile be converted to storage or removed.
Commissioner Nelson asked for clarification of Conditions 3 & 4 wording? He thought
these conditions were giving the impression that cancellation of the covenant would be
granted after ten years if the applicant applied for, said cancellation.
Staff said this, language was directly out of the Code. Staff said that'Ahe covenant had
run initial / far 10 years, the opportunity was there for the .property owner to
i.
approach the Commission for passible termination of the covenant after that time, but
if not terminated the covenant would 'run for another ten years. Staff did root think it
was the intent of the Commission to automatically terminate the covenant after 20 years.
Staff said the Commission can go back and review the code,
Commissioner Lambert questioned the wording ci": Condition 2?
Staff said that there was considerable disau�sion, at the time tits Itomesite Segregation
Ordinance was amended because the original ordinance ,provided a covenant on all of
the properties under the same ownership, wr,�etf�er canttguous ar nota Staff said this
•vias a problem and the code was amended to require, that the minimum parcel size
required in. the zone be subject to the covenant.
Comnvssoner Fergusonhad a question regarding; the driveway because of its length. He,
asked if the driveway was wide enough for emergencyvehicles?
Staff. said on, privatedriveways unless, they cross ,a bridge or waterway, there are 'no
standards on the structure of the driveway. Staff said! the County requires a right -of
way width only;
Commissioner. Lambert asked if there were two existing houses ami a mobile Home on
the property?
Staff said correct.,
Chairman, ,yrtcla said the 20 25� building is not a residences. He said there is on
house and one mobile.
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The hearing was opened, to the; public.
poug Sutherland, rep,resent:ng the applicant, said the mobile is not used for housing of
any type. He said it is being used for storage only. He said the applicant is wilding to
remove the plumbing, but wants to keep the mobile as a storage building. He also said
that this project would come under the Subdivision Map Act and there would be a
requirement for a 16' access road,
Com missioner Lambert asked if the 20 x 25' building had any plumbing?
Mr, Sutherland said yes there is, but it could be disconnected. He said the mobile will
be used for storage only.
Staff said the ,property owner is allowed to have a guest house as, an accessory building,
which can be no larger than. 500 sq. £t. with sanitary facilities, but no cooking facilities.
Staff said the mobile was originally put in for an agricultural employee and with this type
of segregation the property is no longer an agricultural operation.
Commissioner 'Nelsorr asked Mr, Sutherland if it was very, clear that there is no given
intent to remove the covenant in 10 years and to do so would .require a public hearing?
Mr. Sutherland said they understand the condition.
Tom Turk said the mobile, home will stay with the seller of the segregated property.
The hearing was closed.
Chairman Lynch asked if the newly created parcels would be allowed to have Aunt
Minnie or Granny housing?
Staff .said they were :not sure whether the entitlements of an Aunt Minnie or Granny
Housing would; still be allowed. .Staff felt that the opportunity would still be there.
Commissioner Lambert said an agricultural use could not have too much storage space.,
She wanted to make sure the mobile could not be used as a residence.
Commissioner Matson asked if the
in is made into a storage building; should this
be cleared through the State because ;the State is the one who licenses the mobile?
Chairman Lynch said,,he did not think that was in the purview of the Commission, He
discussed, plumbing needs in the 20 x 2S' storage buildirig where the building is small.
enough to be considered a guest house: He said the septic system should be deactivated
and disconnected from the mobile home,
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Staff said they would need to have a corrected site plan to reflect the 20 X250 buuaing
as a storage shed instead of a residence,
it was moved by Chairman Lynch,seconded. by Commissioner Nelson, and unanimously
carried for approval a, follows:
A. Find that the project is not subject to environmental review under ClC� A as per
the general rule exemptions,, and
B. Find that the proposed use of the property will not impair the integrity and
character of the zone in -which the land lies and that the use would not be
unreasonably incompatible witb or .�rr�urious to surrounding property or detrimental
to the health, safety, and general welfare of the persons residing or 'working in the
neighborhood or to the general health, welfare and safety of the County, because
it complies with the intent and language of the agricultural Segregation Ordinance;
and
( C, Grant a Use Permit to allow the segregation of a 2 +/- acre homesite parcel in
j an A-40 zone on AP 038-2.50-006 (Sheppard,) subject to the following conditions:
s
r 1. Parcels to be created pursuant to Chapter 20 of the Butte County Code nodi
I
the State Subdivisidn Map Acta
2, Prior to the division being effcc ct ve, the owner or owners of the property
.included m the approved development shall execute and cause to be
recorded in the office of the Recorder of, Butte County; a restriction binding
upon the original owners and their heirs, successors; and assigns, vrhich
disallows additional dwellings from. tieing located on the agricultural
property or the agricultural segregation parcel.
3. The Use ]Permit and covenant shall be in force for a minimum of 10 years
frorn, the time of recording of the covenant. and will continue until the
applicant applies for termination or partial termination thereof.
4, Applications for to .or partial termination -shall be considered in
the' same manner, as applicati . for use permits, pursuant td' sections' 24-
43 Bu County.,CoO, , The �'lanni
tat ougn 2-$ of the Butte ng Commission
gins for action on soca application. are;
(.A) Terminate or partially terminate the covenant and remove conditions
from'
rom use permit. Applications for termination or partial termination
pervisoCompanie
sto be ac
ud by the fee set by resolution of the board of
rs to be deposited in floe count general hind, no part of
which shall be `eturl ed to rhe applicant.
B Extend the cavenant for a. ;period not to exceed tern (:10)' years.,
3 Ct�Y IT,.NN1�1 Ci]2�.�G`Sijdi�b�t�,
Alk
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(C Consider the area for a change in desi,nation from Orchard and
Crops, Grazing and Open Land, or Agricultural -Residential to
Meld
anon -agricultural designation 'under the General Plan.
The rise permit and covenant shall be in force for the agreed-upon time
.5,
unless the General Plan is amended and the property in question is no
longer designated agricultural. If this should occur, the applicant may apply
for, termination of the covenant.
6.
It shall be the duty of the seller or his agent to inform any possible buyer
or his agent of the existence of the covenant and of its terms.
;`;
Mobile Home on existing parcel to be disconnected from: the septic system
and, septic system shall be deactivated.
8,
Meet the requirements of the Butte County Environmental Health
Department:
9,'
Minor changes may be approved administratively by the Directors of
Environmental Health, Planning or Public Works upon .receipt of a
substantiated' 'written request by the applicant and only to those conditions
or requirements recommended by their respective departments. Prior to
such approval; verification shall be made by each Department or Division
fees and,
that the modification fs consistent with the application, paid
environmental determination as conditionally approved. Changes deemed
to be major or significant in nature by the respective/affected Department
Head shall require the applicant to submit an amendment.
10.
App licant must also comply with all other applicable State and local
statutes; ordinances and regulations.
The Commission instructed' the applicant to so mit a corrected site plan to show the 2C?
X 25, building as a. storage shed and not a residence.
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BUTTE COUNTY, PLANNING Ci111116 ISSION
S"r/4FF FiNDINGS - February 1, 1993
fJfJNlMi NTS RECEIVED:
Environmental Health -There are 2 overflowing, septic systems on property at this time. As a
condition we will require that both systems be repaired, This condition will be required even
if the use permit does not; pass:
public Works - Create the parcel in accordance with the requirements of Chapter 20 of the ,
Butte County Cade and the State Subdivision Map Act.
ANALYSIS:
This is a Use Permit request to allow the segregation of a 2 acre homesite in an A-40 zone
pursuant to Butte County Code Section 24-54. The proJect is located on tha south side of
Nelson Road, approximately 4000' east of Durnell Dr., west of Nelson. Tho proposed
,segregation will leave a ramainirig 290+ acre agricultural parcel that will hake restricted'
development rights as per Section 24-54. The remaining land is currently Used for rire
production.
The parcel to be segregatecd is developed with a single family dwelling, a mobile home that was
placed as agricultural employee housing, a barn, and 2 storage buildings. The intent of the
homesite segregation ordinanco is to allow the segregation of 1 home, the primary residence,
from the remaining farmland., Since the proposed segregation parcel contains two dwellings,
r 'this application does"not met tNt stirict,t.equir+ements of a homesite segregation. The mobile, '
home was put on the property in 1975-ibr agricultural employee housing; it also appears that
f, the mobile is no longer needed sine.' ;'roperty owner want's to sell the agricultural portion of
f the, property, and cease farming the f10d.
Section 24-54 of the Brute County Code ,for the segregation of a homesite parcel from
the remaining agrlcutturol land when the following criteria can be met:
1) The parcel.to be created is to allow an owner who, for a minimum of ten (10) continuous
years immediately prior to application, has resided upon and farmed the subject
property; to retain the existing home and continue the remaining acreage in agricultural
use:
2) The existing parcel(s) shown on the plan together meet the parcel area requirements of
the zone. If there are contiguous parcels under related ownership only enough parcels
must be included in the play' to meet she 'acreage requirements of the existing zone.
3) The proposed segregation will not,red� ice the capabilities for agricultural use of the non-
home parcel aiid surrounding properties.
4) The proposed segregated parcel/,meets the requirements of the County Health
2
i
BUTTE COUNTY PLANNING COMMISSION j
S TAEF FINDINGS - F=ebruary 1, 1853
Department for sewage disposal and water supply.
5) The proposed segregation is consistent with the policies of the Butte County General
Plan because of the covenant required in section 24-54(d).
6) The existing home parcel being segregated is not less than one (1) acre and not more
than two (2) acres or the minimum lot area allowed by the County Health Department,
whichever is greater:
The project meets all of these requirements.
This project appears to be exempt from CEQA review under section 15061 (3), the general rule
exemption, which states
"CEQA applies only to projects which have the potential for causing a significant effect
on the environment. Where it can be seen withcertaintythat there is no possibility, that
the activity in question may have a significant effect on the environment, the activity is
not subject to CE.QA."
RECOMMENDATIONS:
A. Find that the project is not subject to environmental review under CEQA as per the
general rule exemption; and
B. Find that the proposed use of the property will not impair the integrity and character of
the zone in which the land lies and that the use would not be unreasonably incompatible
with or injurious to surrounding property or detrimental to the health, safety, and general
welfare of the persons residing or working in the' neighborhood oi,, to the general health,
welfare and safety of the County, 'because and
C, Grant a Use Permit to allow the segregation of a 2 +/- acre homesite parcel in an A-
40 zone on AP 038 258-006 (Sheppard) subject to the following conditions:
1. Parcels to -be created pursuant to Chapter 20 of the Butte County Code and the
StateSubdivision Map. Act.'
2. Prior to the division, being effective, the owner or owners of the property included
in the approved development shall execute and cause to be recorded in the office
of the Recorder of Butte County, 0 restriction binding upon the originalowners
andtheir heirs, successors, and assigns, which disallows additional dwellings from
3,
f
BUTTE COUNTY PLANfli4`ING, CC)MitiNaSS1OlV
sTAFF FINDINGS -February l', 1593
being located on the a rir•: "
g �ro
p perty or the agricultural segregation parcel.
3. The Use Permit and covenant snail be in force for a minimum of 10 years from
the time of recording of the covenant and will continue until the applicant applies
for termination or partial termination thereof,
4. Applications for termination or partial termination; shall be considered in the same
manner as applications for use permits, pursuant to sections 24-43 through 24-
48 of the Butte County Code, Tbo planning co
such applicammission options for action on
tion are,
(A) Terminate or partially terminate the covenant and remove conditions from
use permit. Applications for termination or partial termination to be
accompanied by the fee set by resolution of the board of supervisors to
be deposited in the county
to the applicant: to fund, no part of which shall be returned
(lB) Extend the covenant for a period not to exceed ten (1 d) years.
(C) CoIjsider the area for a change in designation from Orchard and Field
Craps, Grazing and Open Land, or Agricultural -Residential to anon-
agricultural designation under the General Plan.
Lasor
e ermit and covenant shall be
5. T ��.
t i
a p ! p property
fqu she agreed -u on time unless
the General Plan is amended and the roe in uestion is no longer designafed
agricultural. If this should occur, the applicant May apply for termination of the
coven nt y Pp Y
8, It shall be the duty of the seller or his agent to inform any possible bu er or. his
agent of the existence of the covenant and of its terms., y
Remove the existing mobile home from the homesite parcel
Meet the requirements of the Butte County Environme
ntal' Health Department,
.�, Applicant;, must also comply with all other° applicable State a d local ordinances and regulations. n al statutes,
CBS:es
Attachment -s to Commission and Cities:
Site Plan
Location Mp
4
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FOR USI MM 1
T' "66UNTY LAN 10 00 MI i6N,
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s ,
I'VILICANT., abed 9.nd follow lhstruotldns es aat iprt6firr attached shoot
Applicant"a name John EShplr+a.rd Phone Na,
Appilcant"s mai#Ing address . _ . Big F'f— H, + –Hi ,– CZE -.91912
j Applicant's interest In property jOwner, lessee, other) BI 134e. :. • s–»�:---_------
ownees nattle.and address 1.1 11 ri np �.��
rontaot person for project (#t other than applicant) _Dong Stxthp� �:r�j�d, T:t2,i av rifi
Associates- P.O. Box 986, Oroville, CA 95965
seswor's parool number(s)1 –955– Q Present zoning,.,. �
lw rstlen Bind sfte of arcel(s) S of O.J iaa�y �3r�t�. A N-1 s6n Rc,a'r7 _ 7_
p r----
g 11_8 acres and, 178 acres each'.
5tro ,
s
i.t address.....
Directions for travel to property (rural and mountainous areas only), _gt M v� z. r �tG�— rrt
Nelson Aoad West to site,
G+Rst rfption of prr"posed deredopra.ent and use,: egregation of dome site in i�c.c1. ,zone.
pets
criptlon of ulsting landuse
3'rt:Posed scheduling/associat0d projectstentative parcel map
n/a
� ,ANIfcGp�t�i;in,creon�dnt�tl deey�(�dpment
su fcring "con ltructir3n (stat, ditgenafons, square footage and materials used)
,� 9 ',residential structures & barn ,I
a, Extstiag,VO Wlh;ags
Via. " ��, b. ���,f tdposd bC1i�Ndfrtgs n%'a
'let�
Hazardous materials to b6.used (fnflemmables, explosives or strong chemicals)�n/- _ r
tally houro 4f operatics+ n1a Number of emploYees n/a
1~�urabarof'oft�strept;parking spaces provided n/a
l.zXls#"Gg/ptaposed sewage. disposal method, exlsti 4 Segtic systo m
1pr',ixltrtllyt of power and phone llnes: on Situ
I5,latance` to natural Yrttter course or storm drain: on site
jtiitl€alpi+ted an and rf site drainage mprovements:
i
x
$' dU l wry] Is
1Prax#nlity of water'tor fire fighting purposes (hydrants, ponds, etc.) Cs'l.tl_sal Pis LU y? a cif xeL%t13.'l-tl4.
,
Will excarret#ort or grading be oecessaryl subio yards (estimate) a'
77
I ST UTI NS TO U ' PERMIT APPLICANTS
:1.,
if applicant to not the owner) writtett 4uthorl7ation by the owner or other proof of agency must
be submitted it order for the applicant to lognlly sign the application, Application shnll be
coosidereA void if not signed. by the owner or legal agent.
2,
All items on application shall be fillet] in as completely as passible. if an item is not appli-
j
cable, please indicate by the term "NA".
3.
It is important that the applicant supply an acwratc description of the location of the proposed
project, including the following:
a. Assessor's parvel number(s) (from the tax bills orAssessor's maps.
b. Street: addresses (if available).
c. Distances and ditect`rans to named streets, bodies of water or railroads.,
4.
'l.wenty4ouri�A) colAosofa deviled plot plan of adequate: seine to clearly show proposed build-
ingi and improvement, folded to Slz x 11 inches, shall accompany and be made part of the:
"Application for t,'se Permit". If the use hermit is approved,.the plot plan becomes the ap-
proved development plan f4:",' Ilia property, The plot plats shall Include the following inforntnti6n:
a. ;k :sealed drawing of the parcel(s) boundaries.
1f. Location and dimensions of all existing and proposed improvements on the property,
including; Wildingif d.-! :eways, parking areas, ,yells, septic tanks and leach fields.
c. Location and name of bordering; streets, access roads, nearby crossroads, st:roarrts,
bod6Ys rsf waster and railroads.
d. Swil arrow and scale of drawing.
a.
The "Apptic4tterm forUse Permit" is subject to public hearings and approval. .by the A,innning
{
Commission. Any speci4al conditions of approval shall be made a part of the approved' "also
Permit" and shall be binding nn the applicant, The procedures .for Count} action on use per-
mij, applicafiong arae stated in Chapter 2-1, of the Butte County Code,
6.
The Planning C omsnission, ,on the bAsis of the evidence submitted at tbepubli"e hoaring, may
gr tit use permiks when it finds ettaft the proposed rises of the property will not impair the
integrity and chaaacter of the zone in which the land ltea and that the use would not be un-
reasonably,- incompatibie, with or injurious to surrounding properties nor detrimental to the
health and general wwolf'are of the persons residing or working in the neighborhoods nor to the
general health, safety and t.elfaro of Ilia eountyii
7.
In approving a use 'permit, the Planning C'ommissipoi may ivelud►, such conditions •a$ are
deemed reognaable and necessary under the circumstances to preserve the integrity and
tllarauter of the zone and to secure the general purposesof �e �, utte County. General Plan:
and Chapter 4, of 'the Butte 'C'ounty. Code. Such conditions stay iaclude, but arc- bot limited
to, time limitations, doveloprnent plan approval, hours of operation, fencing, dedication of
right-of�w4ay, and street and drainage Improvement.-,. Conditions Imposed ;upon issuance of a
use permit mvst be reasonably related to the use for whicli the permit is requested,
3,
icalioia fee, Qs fig . - { uto) are
Pecs may be paid in cash or by check made payable to i! 'Treasurer of llutte count)"*. '
9.
Before submitting a, use permit applictttii>n,. nplilician('is,,reque�ted to dii-,cuss with staff all
questions about application reguiretnc.nts. C aunty prQl''edAirrs, zoning prot.fsloas abd' po�siblc
conditions of approval.
�d
�
Lint and etafa rlbe anY cthar alatad parnthr p4b(�d aPP�IdV-ip §,�aquired for this proloot, Indludlrig those ;oqulrad bytltaian a
olty, raglonalf Stato OAd adallalegdnaloal a
IF :RESIDWIAL, Include the number of unite, whether units are single or muitl-story In height, schedule of unit sixes, and
type of household size expected.
jr- coIAMEnCIAL, indicate the type, whether nelghborhood, city or regionally oriented, 'quare, footage of sales area, and
loading fac111tles,
IF iNDUSTRIAI-, indicate type, estimated employment por shift, and' loading faclliCCeS.
I E INSTi TO rIONAL, Indicate the itiajor f 9nction, 'estimated employMdnt per shift, estlmtlted occupancy, loadrng 'facll (tfoc,
vnd community benefits to be ddrived Irom, the project.
w -
ENVIRONMENTAL iMVACTS ANO MITIGATION ME'ASURE:S'
Identify poxentiailyr srgnIf[cant 4nvirohmental impact$ a? 'ocfated with the use, permit. Wtiat prpject deslgn features or speola1
.--_ tl impacts?
oondltlons of apprQvatl Qmitigatfrrrt measures} are proposed tc: alleviate potential environment(
Set Additional response sheet.
ENVIRONMENTAL SETTING*
Describe the project site as It exists before the project, includ1bg Information on topography, soli stability, plants nod ani-
Describe
p i g , n rea.
mals, and any cultural. hfstorCeaC of scenic as ects,Descrlbe any existin structures on the site ,a d the use of the structu
g'p P
Describe they surrou-ndinro ertles, Including infdrfiation art plants and animals and any cUlt4lral. hlstorloat or scdhic aspects.
indicate the type of land use (residential, 'cxmmercial, etc.) intensity of land use (sing I0-famlly„ apartments, shops, dedart-
marc etores, etc,), and scare of devdlopment (height, "frontage, setbacki rear yard, .etc.), .
Use separate sheat, for longer responses,
See additional response sheet.
I hereby declare under ,penatty of perjury that f Have read and understand. the Instructiani and that the' regoing statements
complete sttal correct to the best of my knowledge and beilet.
are true,
Date% A.pPI(caht's signaoo
ture
Prc ertY oWnar's signat0foT. _
,
bate, p
Use. PeIt;Numr,
Request: Use permit to a]lOW ..
Loopkion ono s1ze ttf parcai(s};
V1;:Rl EY`t
ttifun2laer(s)� Project Description
dwnerlhlp
—z --zoning and Ae4ulrements
. Rrool of AgehOy tit needed)' ✓-' Location Description ,1
16 Copies of Piot Plan
J
._ w celpt Number ? ..
Pate Ffiecelv$d. � �-----�--�----� _
Appllea, Ion taken ley
I
I.
USE PERMIT APPLICANTS
Z,
Tf'applieana za taCwa,-iile owner, written authorization by the owner or other proof of agencymust
1 _
Ixe subrlttad ir�� �trrder for the Applicant to legally sign t1t+� application, Application sltti.11 be
coaisiircd void if not sign" by the owner or legal agent.
2.
All itorns on als�pl'cation shall 'be filled in �as completely no possible. It ati ;tent is not a1)pli-
cable, please fndfclite by that term "NA",
3,
It is important that the applicant supply an accorate doscription of the location of the proposed
project, including the following
a. AFsscilsot's pnrcol otimber(s) (from the tax bills or Assessor's maps),
b, Street addressor (if available).
c. Dirstsanc'es and directions to named ,Streets, bodies of water or railroads-,
4,
Twenty-lour (24) copies of a detailed plot plan of adequate scale to clearly satow proposed build-
ings and improvements, folded to $!x x 11 inches, shall accompany and be made part of the
"Application for l,sc Permit"', if the awe permit, is approved, the plat plan becomes the ap-
proud development plan for the property..Theplot plan shall include the following information:
ra. A scolcd drawing of the pnrccl(a) boundaries.
b, Location and dimensions of all eicistfng and proposed improvements on tete property,
including buildings. driveways, parking areas, well's, septic tanks and leach fields.
c. l ocation and name of bordering streets, access roads, nearby crossroads, stream's,
bodies of ,water and railroads.
d. North arrow and scale of drawing,
I
.
The "Application for Use Permit" is aubject to public hearings and approval by tile Planning
Commission. Any special conditions of approval shall be made a ,part of the approved ":Use
Permit" and shall be binding; on the appl c ant, The hroceduros for County action on use per-
mit; applications are stativd fri Chaptor 24 ofthe Butte Coney Code.
6.
The planning to )mmfssion, on the hauls of tiie evidence submitted at tlae public hlearfng,may
grant rise pernif'ts Mien it finds that tb.e proposed uses of the property will not impairtile
lnteprity and character of the hone in which the land tics and that tiie use {would not be un-
reasonably incompatible with or hijurfous to surrount'fing properties nor, detrimental to the
health and general welfare of the, persons residing or working in the noigltlsarhrsad iter to the
general 'health, safety and ivaslfwre of the coutq,
7.
In approving a use permit, the Planniing Commissign may include such conditions as are
dermad reasonable and necessary uaalGr [Ice circ-UnIstances to preserve; the integrity �tnd
cltaracte;r of the zone and to secure the general purposes of the .Bu to County General flan
and Chapter 24, of the 'Butte Chanty Cfnde, Such conditions may Sncludq,4-1) tit are not limited
to; time limftat ons. cleyeloprncatt plait approval, hour$of npa ration, toileing, dedication of
riglt'twof->way, and street'and drainape improvements, Conditions imposed upon issuance ot a
use permit mast be reasonably related to the use for which this permit is requested. '
8.
Appticat'lon fees as of . (data) are 8,
[Pees may he paid in ca.5h,or by chock made payable to '"Trotas'urer of Butte County",`
0,
'Before submitting ax use permit aapplicatiort, applicant is requested to discuss witli staff 411
question,; about appitcation re uircmonts, County praeadoees, zoning provisious and possible
conditions of approval.
1, {
SEGREGATXON OFA HOIdSITZ 1'uN "A;GRIOULTIIRAL ZONES
ADDITIONAL I1gF0R-4A220N
In the A-5, A-10, A--20, A-40, and A-160 Agricultural zones the
subdivision of propertiy in order to legally segregate one homesite
from, remaining farmland may be allowed with the approval of a use
permit by the Planning commission. The application for the use
permit shall include a proposed plan of development and use for the
entire area of existing parcels, under the same or related
ownership, contain^ hg ` be site of one or more existing or proposed.
dwellings. The Pl,annirq Commission may grant such a use permit
only after finding in addition to the findings requii9d by section
24-47, that all the following conditions (1-6) are met.-
(1)
et:(1.) The parcel, to be created is to allow an owner who, for
a minimum of ten ('10) continuous years immediately prior
to application, has resided upon and farmed the subject
property, to retain the existing home and continue the
remaining acreage in agricultural use.
(2) Th- existing parcel(s)shown on the plan together meet
the parcel area requirements of the zone, If there are
contiguous pay: cels under related ownership only enough
parcels mus -t be included in -the plan to meet the acreage
requirements of the existing zone:
(3) proposed segregation
useof the non -home mep
'will reduce the
capabilities
for* a
and
sur"oundinq properties.
(4) The proposed segregated paroel meets the. ;requirements of,;
the !County Health Department for sewage disposal and
water' supply.
(5), The proposed segregation is consistent with 'the 'policies
of the Butte county General Plan because of the covenant
required in section 24--54 (d) .
(6) The existing ,home parcel being segrege,ited is not less
than one (1) acre and not inure than two (2) acres or the
minimum lotarea allowed by the county ,Health Department,
_which,aver is greater.
PLEASE SUppLyTHE FOtLowI'N'G INFdRMAT�ION ABOUT YOUR PROPOSED
HOMESITIE: SEGRi�.61MON:
1, What is the total area (im acres)` aE all parcels under the
same or :related ownership covered: by the development
plan?.r23.5�
��
'Ki^
� �•
,�
nactt;.r.s
MQ.
'."^� a
TOTAL
nILf 41Y�(t
7
.
.�
Loco11'
-
r�, ti's
V_ ��✓
uxa
PEn1.11T8
��
'Ki^
� �•
,�
nactt;.r.s
MQ.
'."^� a
TOTAL
nILf 41Y�(t
� }
� �
PUOLIC
\YONK$.
.
.�
Loco11'
-
r�, ti's
V_ ��✓
uxa
PEn1.11T8
�
�,'
VAIt1AHr"1T9
' �
PUnLrC.
UOCUMI[NTD
+Yx""+.�R'X
soul Mtt
��".'i�"+
y�!�'w
CNV
11 t[A Ly
Ia'�cSir `4
b1Y!!!ip
y�t9"x$
ll�„ i ��'{�-'�,y�dk�..-
APPLICANT
.�w?t-;r7 4��1 y�•i''.`9�'�,+nl'n• r
�`%� TwK�.pJr�lG�--^---,'` ,i�
�•.
gRgrea.www!.pswa+om..,.mw..aeur.A�`..•ry'
, . �( — _
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,.
t
Jotn Sheppard
734: Biggs Rast Highway
. 093 '250 037 fOOfi STATUE-,v ACTIV
r
Biggs, CA 95917
ni, Ivs ;STAR RANCHES
C,-yo gAYLES WORTH
9OX 586
CA 95917 r
-kf
_Hon Graves & Associates
Attn: Doug Southerland
tL;S 250 038 o00 STATUS: ACTIVE:
P.O. Box 986
•
-
�aCS f3N CANAL WATER DISTRICT
Oroville, CA 95965 y
LA. 038 250 006 000 • STATUS:'
ACTIVE
F SOX 116
F
PETERSON PHILLIP L L JEANNETTE,
C JT
6RIItt'ALE CA 95974
I
P O_BOX 38
'... ,.,38 940 031 000 STATUS: ACTIVE'
NELSON CA 959,58
V :STAR RANCHES
li
C� PSA'YLES WORTH
L: 038 250 007 000 STATUS:
ACTIVE
f?0 BOX 536
C
GORRILL LAND COMPANY
yCA 95917
g
P 0 BOX 487
0_- o'+a i 50 002 000 STATUS.ACTIVE
DURHAM CA 95938
!
FR BRILL'RANCH' ENTERPRISES
1
Li, 0138 250,008 000 STATUS:
ACTIVE
12, BOX 427
STOLP CHARLES FREDERICK TR
p CA 95938
i
2911 GRAINLAND RD
#�.. 038 250 003 000 STATUS: ACTIVE,
DURHAM CA 955938
-RIL,L RANCID' ENTERPRISES'
LR 038 250. 009 000 STATUS:
ACTIVE
f
P V BOX 427
PETERSON RODNEY W & BETTYE JEAN TG
F?HmM CA 95938'
1
PO BOX 476
-
L%-, -038 1,301 045 000 LATUS: ACTIVE
DURHAM CA 95438
F=IVE STAR, RAPICHES
µ
V
,t'D BAYLES WORTH
•, ire °
AC (IVE .,
i5
P' 0 BOXY '' b ;
�.
BJORKLUND GLOMARSTAATUS
GLENN H & `( CP
r
msrfi a CFF 9591,i
`.
'
-
L 038 13(0'1316 `000 STATUS: ACTIVE
1429 GILSTRAP AVE
GRIDLEY CA 95448
»
kc" L TC
,�-ARL,ANE J' P TESTAI'1ENTARlt TRUST E7A
_
`WILLIAM P TRUSTEE
Lo 038 250 f02S 000 'STATUS:
ACTIVE'MCF'ARLANE
77177 HAST BAF<5TOW
WESTERN CANAL WATER DISTRICT
CLOY IS CA ' 93612
C
-
}, BOX 176
L; 088 131' 017 000 STATUS.- ACTIVE,
R'ICHVALE CA 95974
69RRILL LAND COMPANY,
Lc 038 250 013 000 STATUS''ACTIVE
` U 'BOX 457PETERSON
RODNEY "W; & BETTYE JEAN, TC
DURHAM CA 959381
-
PO BbX 476
DURHAM' CA 95938
2X14181- A' , rF
114MEf, TWO,
L;
13rag1aning a.t the .East corne'.1: of �iSection 31,; Townsh1p 20 North, Range
2 &-ist, M.D.M.; .said point being mar!zed by a I :inch rebar tagged P,L.S-.
40 05) thence North 00° 34' 11" East along the East line of the.
Vo,rtheant I of said Section 31, 22521.78 feet to a point on the
;90111',berly line of the Western Cana -1 described in the deed recorded in
Boo): 156 of Deeds at Page 203; them!e Westerly ,along the Southerly line
,nf Oaid Western Canal, North 54° 00' 17" West, 156.50 feet to the
begl nnIng of a curve to the left having a ,radius of 498.10 feet and a
,eotra,I angle of 36° 10'; thence along the arc of said curve 314.41
feet. Ito the end of curve; thence South 89' 49' 43" West, 2254.3'3 feet;
thenco leaving said. Southerly line, South 15° 59' 4`3" West, 576.28
feet; thence South 34" 15' 59" Wes:t, 041.43 feet; thence South 26° 56
55" West, 1.3.57.38 feet to a polnIt on the South line of the North `;I of
;said :lection 3.1,; thence North 890 36" 48 East along said South line,
3900.58 feet to the pointof beginning and the end of this description.
Containing 182.33 acres more or less.
'PARCEL THREE.,
A portion of the fractional North $/.'of Section 31; Township 20 North,
Badge 2 Eat, M.D.M. , more particularly described as f:ol lows;
Commencing at the Northeast corner of said Section 3,1, being a I Inch
r¢bar in the centerline of Nelson Road tagged P.L.s. 408`6; thence
South, 400 0'3' 59" West, 661.54 feet to the True Point of Begliming for
it,1►p herein described parcel of land; thence South 0.2° 05' 12" East,
333.24 feet,, thence North 89° 04' 25" West, 299:47 feet; thence North
0111 32, 48" East', 263,81 £eet; thence forth 750,49' 18" Cast, 263.19
feet; thence Forth 900 East, 25.00 feet to ,,,the point of beginning and
the end of this description.
;ontaining 2.00 acres more or less.
7alte+ Basis of Bearings'for, these descriptions is the same as shown on
;they Record of Survey f i i ea ''`x n: Book. 19 of Maps at Page 37 Butte
CoUnty Recorders office.,
, +
&
C$PrKfled &jail, Rec-41pt
No Insurance C
Do not u overage Provided
opt (see fOr Interna
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LToh.n Sh.
4 99S East M'j a
Po" State & Z'Pl COdo gh VI
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Pbos . t�age qsj, CA 95.917
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(f:=TIETAVJL FEE, AIM CHNNIES FOR PJYMCOM) 011IONAL
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b
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fp�jgte Items Adafiss ort thd We.r,e.
naftlO "011d � �,rd
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PLANNING DEPARTMENT
:7 COQNTY CENTER ORIVE - OROVILLE, CALIFORNIA 95965-3397
TELEPHONE: (916) 588-7601
February 25, 1993
John Sheppard
7,34 Biggs East Highway
Biggs, CA 95917
Re.' Use PermJt, AP 03M50-006
Dear Mr. Sheppard:
At the regular meeting of the Butte County Planning Commission held February 25,,
1993, your request for a Use Per rmt to allow a homesite segregation parcel of 2 acres
M an A-40 zone located on the south Mde of Nelson Road, Nelson, area, was approved
subject to the following conditions:
1, Parcels to be created pursuant to Chapter',,20 of th I L'I'll Butte County Code and the
State Subdivision Map Act.
2. Prior to the division being effective, the owner or owners of -the property includ I ed
:4
in. the approved development shall execute, and dause to be recorded in the office
of,the- Recorder of Butte County, a restriction binding upon the"O
riginal owners
and. their heirs, successor$, and'assigns, Whic4 disallows additional dwellings from
being located on the a�micultui!W, property or the a
911cultural segregation pa'tc4l,
3.1 The Use Permit and covenant shall be in,'force f
the, t e of recording, of the covenan or a mi.. mum of 10 years fro,
im . . t and will 'continue until the applicant applies
for termination or partial term'
Mation thereof.
4. AppUcations for termination or partial termination shall
be considered in the same
manner as applications for use mits, pursuantto Section -43,through 24-48
per
24
of the Butt& County Code. The Planning Commission options for action oil quch
appiication are:
a., 1'erminate or artially
p.
1 ate the ovenant and remove conditions, fro
UseTOMM App I _III,
lications, for, "Atermin-, tion, or p tiat termifia
4 ar lion to
rs
,accompanied by the,f6e set by resolution of the Board, , f 8 i, o to, be
deposited in the C u o upery
0 rity general fund,'.no part of which shall be returne(I
to the appli
icant.
b. Extend the covenant for a period 'not to exceed te ts.
(10) yo
C. Consider the area for a change in designation from Orcl iard and Field
Crops, Grazing and Open Land, or A icultural-Residen,�ial to a non-
gri
agriculftiral designation underthe General Plan.
5. The Use Permit and covenant shall be in force for the agreed upon time unless
the General Plan is amended and the property in question is no longer designated
agricultural. If this should occur, the applicant may apply for termination of the
covenant.
It shali be the duty of the selle�, 3r his agent to inform any poss-'ble buyer or his
agent of the existing of the coveriant and of its terms. r !
7, Mobile Home on existing parcel to be disconnected from the septic system and
septic systern shall be deactivated.
8. Meet the requirements of the Butte, County Environmental Health Department.
9. Minor changes, may be approved administratively by the Directors of
Environmental Health, Planning or Public Works upon receipt of a substantiated
written request by the applicant and only to those conditions or requirements
reco ended by their respective departments, Prior to such approval, verification
shall be made by each Department or Division that the modification is consistent
with the ap-plfcation, fees paid and environmental determination as conditionally
approved. Changes deemed to be major or significant in nature by the
respective/affected Department Head shall require the applicant to submit an
amendment.
10. Applicant must also comply with all other applicable State and local statutes,
ordinanees, and regulations.
Should you. desire, to appeal any of the conditions imposed by the Planning Commission,
-tin, Ith the pdal fee of $516.00, to the Clerk of the Board of
wrl a
you must do so in , W1 ap
Supervisors, 2_5 County Center Drive, OroVille, Califoiilia, prior to 5:00 p.m., Friday,
March 5, 1.993. If you do not appeal and ff,,!there are ni��other appeal within the 8 -day
appeal period, your -use permit will be issued after March, 5, 1993,
Recently enacted. legislation (AB 3158, Chapter 1706, Stawtes of 1990, effective January
T; 1991) requires that the Department of Ffi'ffi and.Garn
e impose and collect filingfees
as, specified to defray the cost of managing and protecting fish and. Nvildlife trust
resources. These filing, fia-es are collected diiring th I nvirormiental review process and
e e
care to be paid at the,,,time the County files.a "Notice of pExemption" with the Couvity�
Clerk pursuant to Section. 21152 of the Public Resources Code.
To increase, administratiVe, efficiency, the statute dtlegated the -collection of filing� fees
to th County, Clerk and provided thetotinty authority to collect.a $25.00 documentary
handling fee.,;, The fee due for your project is $25.00. A checks made. payable to. the
Butte county Treasure?� should be submitted to this department byMarch 9,, 1993,
NMI
.4;
W rVae
PLANNING DEPARTMENT
7 COUNTY CENTER C)R'VE - OROVILLE, CALIFORNIA 95965.3397
March 8, 1993 TELEPHONE: (916) 538-7601
John Sheppard
7,34 Biggs East Highway
Biggs,, CA, 95917
CEERTMED XAjL
Re use Permit, AP 038-250-006
Dear jVr- Sheppard. -
We are enclosing
the original and one c
to segregate 2 acres frora 293 acres for a homesite
the I OPY Of Your conditional Use Permit No. 93-13
sOlth side Of Nelson Road on property zoned A-40 located on
Nelson area. Both copies mus
n the r,ceip turned
to this department within 30 days frOr t be Signed and,re
them Validated by the t Of
Cha'rman Of the Butte thisletler. We Will the,, have
Original will be returned. to COuntY Planning
YOU for Your records. COMM'ssiOn and, the
opies
within 30 days will result in the
s department would then
be 110cessary
has beeft signed by the applican4
Fa.?� -v �jannirig Commissi
I�V on, and said permit
g, pa X
ler, Please c
ontact thi''
s Office between
ig
40
C;
'Soot ou"r on u1jo;j qd
Director of Plannin
BAKIr
iTohn Sheppard
734 Biggs East Hwy.
Diggs, CA 95917'
RE: Pre -Application Review
API 038-250-006
Dear Mr* 8heppardt.
-This is to notify you that we have received.sufficilent assurances
from Butte Co).MtY Environmental Health and Public Works Division
that your ptoj&lrt Pan meet their requirements. This fulfills the
Pre-Application,veview process.
Pursuant to the., Butte County Planning Division. ProJect Review,
Procedure ManUai statO"s, "Upon tentative approval of a',!land
use permit or variance by the Environmental Health Depzmtmenj�� and
Land Development, D',Lvision, the applicant must submit at comp�,eted
formal ApVlidation, including, any required changes from the
ori nal submittal' and the balance of the fees within, sik. (6)
MontJhs of the tentative approv,*41.11 No additiojaal work shall be
performeld on this p'troject until we have received the reimaindel�r of
appiication fed in the a- "J"'�t of $780.00 and, if any, reqlJ"Jiiced
the
changes from the original suom,ittal.
Please submit the fee along with any required, changes from the
oricrinal su ittal to the Butte County Planting Division no later
bm
than Crune 22,. 93 or your application 'Vill become void, and in order
to continue the project, you will be required to ice -apply. Please
make all checks payable td,the Butte County Treasurer*
'Enclosed I is a field marker for identification of the project.
Please secure the ribbon in a conspicuous place on the site�
preferably'visiblo from the roadway.
DISTRmUTION
LIST FOR CO MMENTS
County Public Worj�s
County EnVitonmental Health
Oounty Building DePartment
city Of Biggs
State Water Resdurces De t.
U.S. Forest P
City Of Chico
city Of Gridley
SerV:,Lce
... U.S. Bureau of LUnd Management
Butte County
C'ty'Of OrOVille
Mini'ng committee
State Department of Fish
Town of Parad'
Ise
calif OK,ni a a, Came
r
-1� DI-It!"F04 P?Lant society
— -------- � Planning Dep.7 "'Ate 14"Cre, stry-
-j". attention
%j! � Ct=
State Tr nsportc
a It 19 cartek
-�,-Reg'Onal Water Qual. Contrcil Ba.
4,utte Water District'
E --R-q
C:AlifOrnia Water SerVice Co.
Mt -,l Oro Water
Richvale Sanitary District
North
Co.
OWID
Butbank Pub- util. Dist.
Skansen Sub- (CSA #21)
Thermalito irrigation District Stirling city Sewer maint. Dist.
-0t-h,--r V-)t5s-reizZ� O-A-WA4- 01ST, Thermalito Irrigation
District
9--T-TIBS
PG&E North (Chico)
G&E South
X-R—RIGATION WATER
BIgqs-W.Gridley
(Marysille,
PacIf Ic Bell
Water District
Butte Water
State TV Cable
Viacom
District
Durham Irrigation District
TV cable�
OWID
-17-16RLX�'PRO�TECTIObt
Paradise Irrigation D'strict
Ric hvale Irrigat'
10h District
El, Medio Fire P�Mtection Dist.
County Fire b "i
epi�,rtment/CDF
Table Mountain Irrigation Dist.
Thertalito Irrigati
on D'Sttet,
X090 UNT I)X,4,:
urhain, �— 1.1 � . TRIM
�70vir
DRAINAGE DISTRICT
0 or Butte,Coun ty
7-OLICE PROTECTIoN
A99AA—M—A—TT-ON DISTRICT
StatpL IjighwaY, Patra I
County
Sheriff
1 148 R
-CHOOL
C
'ONS
42CREATION, VACIL± Irs
LIT--
.............
4"l -A.
Chic Area Rdoreatioh District
Durham
I- � -i
Paradise pin 1pctu---�
68 Archit'al
Area Rec.,& Park "Dist,
Feather Rilfet'Rec. & Parj� I Dist,
Control co Mr.ittee,
Butte' COuhty:Fatz Bureau
Paradise Rec. & pa rk b" t*
Richv is
ale
community As. oclat,
Ion!
, Reo. & Park Dist".
state Parks & Rec. Dept.
— ------