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HomeMy WebLinkAbout038-250-006AIZZ60&I �POA D .w�,rtir ,rrw w,r+i .wry. .war !�I ,r..w.., '.r„r� r�+�1. �, „ri 1.r 'ar�.r. '.�rA ,•w.Mw.w J+,.u�.w.M„rY•-..rr�r rw� u„u,,,. " + V ��C.ne s< f►.. 7 "�i ! �.....�"•. M \l:l Mw. {....«- /...w ! /'+:I / a�`^�" w 1 I .�... • r' �. ; " ,, • r :S6ii ee ��� . Nsisaa phi. as Fl( Road pre ? a w o[- w•,. R !y+ J�k9FUAIUIWA1\19, rorty Ri�gav�Prs �Iieh�M' OF' , "„� vae P 74/,. , izeiri 4-1 TION P elsa eAle? r /441 13)6VS� 414. 95912 KMA TeIR 11\11,WV112e144 ,a .x J r�. . w ruuruMwaw..+wn�i++���RMro+�'CW”'�s7r�i+;*aw,w�a++s4c�!raxtiaY�`�+AW*�x�vw+wWwartaira.+�+vim..,«rriwiu,�aerr•'..,twaW/yX�wemwkiNcaC'aWr�: yea'6awY uMtl+X,., '.. 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C. te SU;RYEY.4,O ,8 0� 'a BO, 986 OR CALL 9.. 6S ol o' oT all, ol o' oT Agt' ;z 1 "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 m 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. . .. `.: r,'�w��k++ vj•.�AJ,Y`�'�r ,���bM.jY, �t�'G CA4.,.M� .:.+' :..:. mr�iiN.,: ,..........:.... _. .:. ... .. _.. 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, PIT 610N XTt`iU >i%xCx ��. r 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 r (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. yMn g'�1 �, 6134����n i 7 rr 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 1 7 – b J FOR USI MM 1 T' "66UNTY LAN 10 00 MI i6N, r .. 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' , . �( — _ _ . I )r ,. 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 s Ginal Mail LToh.n Sh. 4 99S East M'j a Po" State & Z'Pl COdo gh VI 1. gr 13 1 Pbos . t�age qsj, CA 95.917 CONIhod Fee S let Dellvery—p-be--- Olivery �Ufn m I livho Receipt flowing m a 0 1, "1 a DAI 0, 10111 R . 1pi Sh Cy t, & A%9 0'*If)g Wh rose oat, -q t k-,-- , Voty L P bsiog, 10 A 3/1-9/93 IMCK PUTAO STAMft M ART0,41ra wit" f 'list, CIAU FGA"w, (f:=TIETAVJL FEE, AIM CHNNIES FOR PJYMCOM) 011IONAL 4CO"Pt P03S[ft*44, stick do -,itimil tilub W N ilpt ol it,, fflaMMWIPI Wa0ed lid pl,pitiAl the a lyp, t1fl1q, S�,qv�U fMl 2ddress A! Iwx 'InIaToor (r�j extra Oatpe), "ItAnd it to, ��j ail, fiftal'Ir POStnNiked. sl�A! tit guillfriuO f0b ia 1110 M—M a4d rejurl, wuln focallit, W1. a the Mgt OROOnt to the 41' na=! ,v nwag iti 140 adiliewe x -to oil lillIflunal 'Ont a0l'i, 91019AI[CUD a! ' 411:sny on the 1116 4101"In CD OWit"lig telvitat, 11 fed 14 tile app,,M'KjfO blih(63 Qf% the IIQAI' ��'tlhfj --ttti At) applicable, wad�l jh 1101)"I Of Form 38'11, if OD t 4L It You make inquvy� wU.5XLRQ, IL I mmmm b, 2A NMI, c 1�1 ogo cory") 1. � sot lo p P SQ, Mf sh i to relceiv, 14 oJ10916; A wo pj,opl A01 �,ee.se 1f, �for on sei mm aim �i� 1 11 ,6 toce be'. ot pormi'v, j , 0.811dri s,hqq'� AAro' rh ip on i i, dtq� ter J& mail! pt qp:,� d lu Wit sx�;�,O 21, too qollvdiry Amo au 0;1 Con ter suit Attilla NutribW 14 9 $0 17 I r. , I A � cortiono ulp "Oppipt �0� LLJL.J� I'M to y 7, k7,j gg�eji r s d i n, 6 (Onfyff roquosteli n, tu Age t 46; "PI 1)PM4qT1'O RETURN I also 06 r OFERI. for b nd 49 of fp�jgte Items Adafiss ort thd We.r,e. naftlO "011d � �,rd this ..,�,rorr6 So A401110, I Addf"$00 pri,nt you', to YOU, t , W,6 can rettgo,this,ce bhi of the" M0,0100 p , 0 r 06,�tlle .2. 0 oest(sct � I . . lhloormtothell, eA to 0. ul:� lee. Attatb lt� the MWIP100 n t ostmastir if spdba'dbOs flot Pern' d vfAdtjjtjj gee(, Wdto :cj I o'llurriber. ;!��cle Addrossed,10' Nuniber 41a, Attic 0 04 �763 SbIVICO *fyP COD I 0590 rl s 0eipt lor, LOH A7, 7 Do of Delivery Y��, 10 "rosi n, ice �jy if req%jested (A (AO;n ature 0 RN DOM ST Oot bet PLANNING DEPARTMENT :7 COQNTY CENTER ORIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 588-7601 February 25, 1993 John Sheppard 7,34 Biggs East Highway Biggs, CA 95917 Re.' Use PermJt, AP 03M50-006 Dear Mr. Sheppard: At the regular meeting of the Butte County Planning Commission held February 25,, 1993, your request for a Use Per rmt to allow a homesite segregation parcel of 2 acres M an A-40 zone located on the south Mde of Nelson Road, Nelson, area, was approved subject to the following conditions: 1, Parcels to be created pursuant to Chapter',,20 of th I L'I'll Butte County Code and the State Subdivision Map Act. 2. Prior to the division being effective, the owner or owners of -the property includ I ed :4 in. the approved development shall execute, and dause to be recorded in the office of,the- Recorder of Butte County, a restriction binding upon the"O riginal owners and. their heirs, successor$, 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. — ------