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039-080-056
ENE 01WAIffa M IN 211L Emil "If T", 1,111,11- f MR 'j! 11 f I � , ul aa, 40, 4, 44 9 2 14 PICA$ w AsdOa Ac -.04 Ipw jo� 0064 A ),f w Q4 PUO, IF 'S?ja4V4., �WQDJH I -S A L, E I" Z 0 0' T� % f 4L ;n L 0 C A 2C4 150 4 gf )e Alo 15, 10 AC', A,- 5EKTAGNA OKCH^RD�5 I MC, cc) 1-6 c- ANDRZ.W ::5ePVr- TvAKK &14 - 05 - Yf !N 7tRT^G N 0 7- C Q 94-T I o BOK, 4AN Poo X IMP V1 1, b E IRMA Cj I A LIEAC�j Lt�trz,'S TO be A KHEMNFIC ?,F:t.04!:�A-rEt> PRIOR, ft -;4--R z, V, R, e;, ;,�, e. INC. TO REe,0R0kKCg 5MAL NO tr-AIJ�- 11R f MAP. ell 7*eZ 47AWW6 6)-' A ;r 4 .5 6- 6- Al e�, I e, Ae- 4. ARS4 C, B JJ1 4 0 1H,(? r.- r 13 A 0 A/ C) R c 6x/$ 7 V e-lq 7- 14=�� A? 0 4�IN a A PORM)" 0A r/o/v /10,1 TeIll, R 1,6P' 14, V, 9 4411're. CQ4/,,V7"Y3 C7'-; eOX 679 1`0 Eu SEP 8 1981 IN 0 MaCA104 A 01 - r. MCCAIN ASSOCIATES NMI AM ®r ow vo hit �COMLS'slaw APPLICANT ADDRE$S OWKER '"In m Avf,,. t,,,l PROJEOT DESURIFT.TON I LCIV 04 00 , �A-P _J4 14�_lui LOCATTON cm�.bhe of p1lox. of Firgj,-, Road -12 1'12�'! `,0ul;h of Chico ASSESSOR'S PARCEL NRUMBER�S) ZONING A -Z-'-(:) -ENO PLM PROJECT CONSISTENT? DATE AFPLXCATION RMEIVED jul'y DATE REZONING PETITION IGNATM,r,,S CH20KED DATE IXOAL DESCRIFT PERCENTAGE 1()N pREI.)ARED OR CHEC , KED DATE PUBLICATION NOTICE, WRITTEN DATE DISPLAy AD ZIIB�pARED PUBLISIZZ PUBLISHE D )PLACE -NEWSPA.PM XOTICE(S) RMLISHED O.0O3J P. G. B. DATE MAILING LIST PlWA:RED DATE I-- -OUT NOTICES WRITTEN MAILED NumEm DATE COMMISSION EXHIBIT PREPARED DATE STAYF FINDING,�j pRF pARED ................... ZNVIRON�WTAL CATEGORICAL =NpTIO DETERMTKATION N - DATE FILED AND DAT.0 NEGATIVE DE0�,A_RAT:[0jq - I)ATE AI)OPTE"D TXV- IM]PACT Rs..PORlj2 DATE CERTIVJL,�J) OTHER COMMISSION HEARING DATE8 COMMISSION ACTION BOARD ACTION 41" ORDINANCE(S) ADOPTE D ColmmENTS -*., ........... APPLICATION FOR USE PE BUTTE COUNTY' PLANNING COMIWiTS101n, APMACANT- 11vad itrid Follow instruvtinnH at, set, forlh on reverso sioo of this form. iii ppl i(a lit's 11 a 1110- L,. -Plione monher Ars Applicant's ilialling nddross—.".- ,pplicnI1t-,9 interwA III proporty (Owner, lessee, Owner's n.ima wild addreoa Asserisor's I i�,ntion and sizi: or paroo]W_ J)0_eXJA- Z Street address Descrit-lion of proposed developmont. ,id 0 L. t -01— � Z -V g -J Building construct' )n fitate dimvnsiahs, squnre rootage kind materials used) 11azar,W7,nis materials to be used (inflammable$, explosives or strong chemicals) 0iily hous of operation Number of employees--, &A 1"A Number of off-street parking spacos provided I hereby declare under penalty of perjury thut I linve read and understand the instructions and that the foregoing statements are truci complete and correct to 11be best of my knowledge and belief. Da to Appliennt's signature Project File �Nlu'iber 1,ocation and size or parcei(s) SIDE 6/=7 91-14=6At) I�IWE >0 VAQ TefF, AORWW&�T J Z /vt 174 * OP 4�_E A, T LU Verify, JUL 2 8 'IS31 A,.P. Numlier( ---!�:�Projacf Description wners1lip and Requirements. Oroville, Calrforniat 0 roof of Agency (if needed) ascription ��--16, r�oplua of Plot Plan LL Oro 0 Ju e_ -b el 6) Date Received"- 'S 2-7 Receipt Number Oy Application TaLen qy- oJ C t Date Filed EnVironmental Information Forp, GENERAL INFO (To be completed. by applicant) --.Ili _FORMATION 1. Name andaddress of, developer or Project sponsor: 2. Address of project., Assessor's Block and Lot Mber ew. this Project: WM31 M ontacted concerning 3. Name, address, and telephone number Of person, to be c P -&L5L _F_q 4. Type of project., (i.e, re zoning, subdivision) _AC 5. List and describe any other related permits and other public approvals required for this project, including those required I by city, regional, state and federal agencies, ----------- 6. Existing 2Dning district: —A -?-o 7. Proposed use Of sit(-, — ------ -------------- PROJECT DESCRIPTION 8� SitO size. -2,0 A -C 9. Square footage of building(s) N/)� 10. Number of floor$ of construction,,d/A 11. Amount Of Off-street parking provided,.14/;d, 12, Attach site development plan. :5� 4rr-rrvct4F-Z> 13t Proposed schedulirig. A,.bpT> 14. Associated P!:,ojects.,g/X 15, Anticipate:d incremental development. N lAr SuH6 Co. Planning Comm, OUL Atinendix r, pa -e I of 3 APPENDIX H AOL 16, If residential, inclLidp- the nUmbe-,r of unics, schedule 0r unit sizes, and type of household 9' Rc-�)IDe"e �, Ize 0xPOct-Od. -XA-c, �wr-j(ALG 17. if collitlier k+ps 0 b .cial, in(licllt(I VIlc' or regionally Oriented LvPQ, wh0thfir I'leighborhood, city square EQO�ago of sales are'a, and load'n� facilities. sk/,N- 3. andloadinp -st:l 1.8. If industrial, indicate Lype, 0 -m-1tCd employment p- sh .,, facilities, M/4 (.ir � if t) 19, If institutional) indicate the ma - Function, J ot estimated employment per shifcl estimated, Occupancy loading facilities, and community benefits to be de ived fro P r mthe project,W/.� 20, If the Pro'ect involves a variance, conditional use or rezoning .3 applicationj Sstate this and indicate clearly why the application is required. 1�"- Paef-trr- A- (i Rk C J Lr V P-,4 C Are the following itemtj applicable to the project or its effects! Discuss below all items chocked yes (C-ttach aaditional sheets as' necessary). YES NO. 21. Change in existing, features of any beaches, lakes, or hillsi or substantial alteration of ground contours. 22. Significant change irl scenic views or vista,s from existing residential areas or public lands or roads. 23. Significantlyl change pattern, scale or character of general area of pro.ject, 24-- Significant amounts Of solid waste or litter. 25. Change in dustj ash� smoke, fumes or odors in vicinity. 26. Significant change in lake, stream Or ground water quality or quantity, or alteration of existing drainage patterns. 27. Substantial change in existing noise or vibration levels in the vicillity. 28, Site on filled,land or on slope of 30 percent or Ino I re, 29, Use or disposal Of potentially hazardous materials, such as toxic sub8tances,,,,,flammable8 or explosives, Appendix V, D age 2 of 3 -REHM YES NO 30, Substantial chanqe in demand for municipal services (policep fire, waterp sewage, etc.). 11 - Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 32. Relationship to part of a larger Project or series of projects. ENVIRONMENTAL SETTING 33. Describe the project site as it exists before the project, including information on topographye scil stabilityo plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. 34. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commerc-lal, etc.), intensity of land use (one -family, apartment houses, shops, department storest etc.)� and scale of developmont (height, frontage, set --back, rear yard, etc.) . CZRTIFICATION: I hereby certify that the statements furnished above ana in the attached exhibits Present the data and information required for this initial evaluationi to the best of my ability# and that the faqtso statementso and informationpresented are true and correct to the best of my knowledge and belief. Date - (S.. gnatur 33. Level so to W.jtjj (),,jc! sijq,,,e family r I esidence, in mature almond orchard. Alitiond huller bQildinq and young family Orchard on siLe. 34. Surrounding area is prt-idominantly orchard and field crop. There is no commercial development in the area.* "WoursTuo my QRCVTT,tZ Tlium W.QAh WIVAI PECMS 106147-16426C TM Mr. and Hrm Andrev L. Bee"I %a �9 I'LUt%'.f.4 gti 3 r4s. 213 LL Lfaco, CA 95926 SMIE AS ABOVIC AMWX THM Ll"t ro;% PtxcoftvxA,* usz— lrid!vldual Crant Dood Von# TIA tl*t"1610-1 p"Am (6) "AfV(t) I M�tmxtotmy Uumht Ltz 4 1-95d_Q_. .. UX PAID mi"'P.J.A Poo fru v:,- -1 P-mty C-Qv,v7Tj. or IW;�OW 00 W v lu v-lw d 1;,.w ioad rtuWrq 4 gjXIA Of &AL "rat FOR A VAIU"IX C0,16IDMATION r,"jpj Id imlyy WAVIN S4EVEILS and VF2SA A. SEEMS, ItuAband and wifa 6-t7 GMAMM) w AlmntW L. BVITAC21A and JANET C. V.MTAcato husband end wife, an Joint: rc=ts the (OH—hot olmail,,A &�l ptvpmy 6 dw St- or c4rdoom;oo: ParcPA 1,, as Ahava on that certain Parcel Sap 16einS a portion of Section 10 TrAmnIvIn, 21 North, Range I Eaat, jt4 D. B. 4 M. , f iled id the of f Lee Butte? of th� Accot!der, County or Stoite of Cnlifomta, on AprLl 6* 1978, in Book 65 of rarcel Ktpu, at paSe 67. rv') '044 01' CAUFMINIA tm%jlyoP* ..r�.Ur--h, '/' ��C�4.4 o. rna A. SecvdrM mt—t i N—T goo 1 n.—."W 100, 8 1,-)61 W U ism U e Waald L, C "t TAX VAM'Atms As txu= A,�oW U40 r* DOCI.WW APPENDIX F1 *,NOT1CF 01" DII'MiRMT NATION IL E TO: Secretary for Resources F .S[I 14' 16 Ninth Street, Room 13 11 sacramonto, CA 95814 County Clerk, COLInty of Butte C-LAM� A. NUSON, COLIMV �%I,, 25 County Center Drivo --.LA, �ACINTHD Oroville, CA 95965 FROM: Planning Department 7 County Center Drive (Piled) Oroville, CA 95965 SUBJECT: Viling of Notice of Detormipation in Compliance with Section 21108 or 21152 of tile Public Resources Code Pro 81-07-28-01 U)ect Title e Permit 'AP # 39-08-56 Andreiv Bertagna gn�!- State ClearingTIOUse Number (If submitted to 6tate Clearingtho—Use) Contact Person Bettye Blair, Planning Director Te Ophone Numb Project Locati-on--T47-7. �.75i Feol'-ff-eg—a-n-E-a b16) 5 3 4-V6 0 1 Fim In D --A ne, approx. ast of Dayton Road, 3 miles South of Chico. P'-OjeCt Description: 176r the segregation of a homesite in an agric Multural zone (A-20). This is to advise that the Butte County Planning Commission (Le A Agencyj hag made the following determinations regarding the above-described project: 1. The project Will have a Significant effect on . the environment. win not 2. An Environmental Impact.Report was prepared for this Project pursuant to the provisions,of CEQA, and was certified as required by Section 15085(g), 14 California Administrative Code. A Negative Declaration*was prepared for this project pursuant to the provisions of CEQA:6 A copy of the Nega�ive Declaration may be examined at the Planning, Department, 7 County Center Drive, Otoville, CA 95965. A Notice of Exemption was filed indicating this Project is exempt from environmental review. 4. A statement of Overriding Consideration was, was not, adopted for tlj�is project, I El N 5. Mitigation measures adopted by the L ad Agency to -reduce the im act$ Of the approved projeet �Nopne bignature Bettye Blair Planning Director Date -5, #--) 4 J; APPENDIX F ENVIRONMENTAL CHECKLIST FORM (To be completed by Load Agency) 1. BACKGROUND ERD Log 81-07-28-0-il 1. Name of Propotent Andrew L. Bertagna 2, Address and Phone Numbei oE Proponent: Route 3, Box 59 ___CF1ico! ZIA vobpzo 3. Date of Checklist Submitted 4. Agency Requiring Checklist 5. Name of Proposal, if applicable us erml. -c—Tarcol Map AP 3 ENVIRONMENTAL IMPACTS (Explanations of all "yes" and "maybe" answers are on attached,sheets.) required YES MAYBE NO 1. Earth. Will the proposal result in significant: a. Unstable earth conditions or in changes in geologic substructures! b. Disruptions, displacements, com- paction or overcoveriag of the soil? c, Change in topography or ground sur- face relief features OT removal of topsoil? d. Destructionp covering or modifica- tion of any unique geologic or physical features? e. Increase in wind orwater erosion of soils, either on.or off the site? f. Changes in�deposltion�or erosion of beach sands, or changes in silta- tion, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? Loss of prime agrieulturally pro- ductive soils outside designated urban areas? Appendix F page 1 of 9 YES MME NO Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground or similar hazards? 2. Air. Will the proposal result in: a . Substantial deterioration of ambienL: or local air quality? b. The cre;ation of objectionable odors, smoke or fixnes? c. 8ignificant alteration of air movement, moistuie or temperature, or any change in climate, either locally or regionally? 3. Water. Will the proposal result in substantial: a, Changes in currents, or the course or direction of water movements? b, Changes in absorption rates, drainage patterns, or the rate and amount of surface water runaff? c. Need for off-site surface dnainage improvements, including vegetation removal., channelization or culvert V installation? d. Alterations to the course or flow of flood waters? e. Change in the amount of surface water it any water body? f. Discharge into surface waters, or in any alteration of surface water quality., including but not limited to temperature, dissolved oxygen or turbidity? 011 g. Alteration of the direction or rate of flow of ground waters? h. Change in the quantity or quality of ground waters, either through direct additions or withdrawals, or through interception of an Aquifer By cuts or excavations? 1homendix F page, 2 of 9 13 YES MAYBE No DWAM VAN Reduction in the amount of water otherwise,available for public water supplies? Exposure 6E people or property to water trelated hazards such as flooding? 4. Plant Life. Will the proposal result 1117—sUFs—tantial, a. Loss of vegetation or change in the diversity of species or number of any species of plartG(including treeso shrubsi grass, crops, microflora. and aquatic plants)? b. Reduction of the numbers of any unique, rare or endangered species of plants? C, Ititroduction of new species of plants into an a.7ea, or in a barrier to the normal replenishment of existing species? d. Rediition in acreage of any agr3*- cultural crop? 5. Animal Life, Will the Proposal result �substanEial: rn a, Change irt the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and :shell- fish, benthic organisms, insects. or microfauna)? Reduction of the numbers of any unique, rare or endangered species of animals? c. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? d, Reduction of, encroachment upon, or deterioration to existing fish or wildlife habitat? Appt-,ndix F page 3 of 9 Y88 'MAYBE NO 6. Noise. Will the proposal result in Tu5—st-antial a. Increases in noij�, levels? b. E.xposure, of people to severe noise levels? A ol' 7. Light and Glare, Will the proposal T 5HEFuce signirTcant light or glare? 8. Land Us - e. Will the proposal result in A significant: a. Alteration of the planned land use of an area, or establish a trend which will demonstrably lead to such alteration? C b. Conflict with uses on adjoining properties, or conflict with establiohed recreational, educa- tional, religious or scientific uses of an area? 9. Natural Resources. Will the proposal __�_ubstar�tial: result in a. Demand for, or increase in the rate of use of any natural resource�? b. Depletion of any nonrenewable natural resourcy-0 10, Rlsk of Upset. Does the proposal. Un_�_r6Tve a risk of an explosion or the-, release of hazardous substances (including, but not limited to, oil, pest A'c 1 des, chemicals or radiation) in the event of an accident or upset conditions? 11, Population, Will the proposal sign cantly alter the location, rlistribution, density, or growth ,Pmte of the human population of an area or physically divide an established community? 12, Housing, Will the proposal sig-nITIcantly affect existing housing, or create a demand for additional housinc�? Appendix F page 4; of 9 13, TransDOrtati6n/Circulation. Will tile YES MAYM, Prop sa Generatio 0 n Of Substantial additional VcAiicular� movement? b- Significaht effoct,-s on existirtg Parking facilities, or demand for new Parking? C, Substantial impact upon existing transportation system8? d. signif Icant alterations to present patterns of Ciro ion or movement of people and/or goods? Alterations to waterborne, rail air tra-pfic? or f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians! Public aervices. Wil'i the proposal have Tf— an e ect up6n or result in a substantial need for ne,� O� altered governmental services in any of the following areas: a- Vire Protection? b, Police Protection? c, Schools? d. Parks or other recreationai, facilitie8? e. Ma3"-ntenance of public faclij�ies, including toads? f. Other ccy>Overnmental services? 15' EEf-K-91, Will the proposal result in: a. Use 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? Ell Appendix page 5 of 9 16. Utilities, tdill 010 PrOPOsal result YES �YBB NO in a Tic-3-a-c7for now systems, or sub- stahtial alterations to the following: uttlities: el # Power or natural gas? b. Communications systems!.i C. Water? d. Sewer (will trunk line be extended, Providing capacity to serve new development),l e. Storm water drainage? 17, Human Health. Will the Proposal —7- -' Fe -s -u —It—i- r� a. Creation of any health hazard or, potential health hazard (excluding �Iental health)? b, Exposure of people to potential heal-th hazards? 18. Solid Waste. Will the proposal resL,It 1� �anY �s'Mficant impacts associat(,,,d with solid waste disposal Or litter conLrol? 19. Aesthetics. Will the proposal resu:,,,t in tTi-e-65-struction of any public designated, or recognized scenic vis,i.a open to the public, Or will the proposal result in the creation of tin ar,s�heti�ally offensive site open to 1,abl.ic view? 20. Recreation. Willthe proposal result —imp�,Ct in—an upon.the quality or q?antity of existing Public T,;crea- tion facilities? 21, Archeolo ical/Historical. Will '0 0 the Proposa, of' a significant archeological or historical site, structure, object or building? J!"Ppendix F Pa. ge 6 of 9 MAY13E No 22. Mandatory Findings of a. Does the Px�oject have the potential to degrade the quality of the environment�, substantially reduce the habitat of a fish or wildlife species, cause a fish or 'Wildlife population to drop below self sustaining levels, threaten to eliminate a plantor animal com- munity, reduce the number Or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Does the project have the POteTItial to achieve short term benefits to the detriment of publicly adopted long-term. environmental goals? c, Does the project have impacts which are individually limited, but Cumulatively considerable? (a project. may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant,) d. Does the project have environ ental effects which will cause subsTantial adverse effects on human bie" either directly or indirgctly? Appendix F page 7 of 9 81-07-28-01. XII. DISCUSSION OF ENVIRONMENTAL EVALUATION LProject Descrii)tion I. Type of Project: Use Permit and Tentative Parcel Map 2. Brief Descriptidn: For the segregation of a bomesite in an agricultural zone (A-20) and creation of two parcels: 2.0 acres 4nd, 18 acres. 3. Location: Northwest side of Hogan Lane, approximately 1-2 mile north of Fimple Road, east of Dayton Road, 3 miles south of Chico. 4., Access and Nearest Public Road(s): Existing direct access off Hogan Lane. Environmental Setting 1. Soils a.. Types and Characteristics: Farwell clay loam, a clay soil possessing good cultivation potential, though restricted due to clay content, underlain by sandy loam, b. Limiting Factors: Surface and subdrainage is somewhat restricted by clay content. 2. Hydrology a. Surface Water: A minor drainage lies sOUtb of Hogan Lane. b. Limiting Factors: Surface and subsurface drainage. 3. Vegetation: Almond orchard trees. 4. Butte County General Plan designation.- Orchard and field crops, Existing Zoning: A-20 6. Existing Land Use on-site., Orchard) residence and small huller. 7. Surrounding Area: a. Land Uses: Agricultural, Predominantly Orchards. A few widely scattered rural residences occur along Hogan Lane. b. Zoning- A-20, A-10 and A-40 districts west of Dayton Road mile to west. c, Parcel Sizes: 1S to 100+ acres, generally 30+ acresi However, a few + 1 acre parcels occur in the area. Environmental impacts of agricUltu-1,al/residential land use confl , icts, 109S of Prime agricultural soil, and specific construction impacts have already been sustained on-site by the Previously developed residence, huller and shop, However, this proposal may establish a pattern or precedent for development of substandard parcels in this area where large agricultural parcels predominate and where, very flew hopiesites or small parcels occur. Appendix F - page 8 of 9 ........ ....... , 1 0 TV- DETERMINATION (To be completed by the Lead Agency) On the basis of this initiaq evaluation: I find tohe propbsed project COULD NOT have a significant Of'-'-'Ot dh the ehvironment,, and a NEGATIVI DECLARATION is I?F,06nmended. 0 1 find that although the Proposed Project could have a siq,:Iificant effect on the environment, there will not be a significant effect in th' IS case because the mitigation measures described on an attached sheet have been added to the Project. A '49GATIVE DECLARATION IS RECOMMMED. 0 1 find the proposed project MAY have a significant effect on the onvironment, and an EtqviRONMENTAL IMPACT REPORT is requircd. 39 -08 -- Barbara P. Edwards 314 Duncastet Dr. 1-10'Ltst0a� TX 77079 39-08-18 T.A. & Tj- Evans Rt 7 3 Box 58 A Chico, CA 95926 39-08-32 Rennemaa Farms Inc. Rt7 3 Bbx 83 Chico, CA 95926 39-08-36 A.D. Clark' 39-08-47 e W.E. & S.'Noyes *Rt. 3 Boc 58 Rt. 3 Box 135 A Chico� CA 95926 Chico, CA 95926 39-08-46, 58 39-08-52 L.A. & A. Gunther Marie M. Hengst Rt. 3 Box 133 11901 Dayton Rd. 131, Chico, CA 95926 Chico, CA 95926 39-08-50� 551 57 Bertagna Orchards, Inc. IRt. 3 Box 213 ',Chico, CA 95926 39-08-54 William M. Hubbard P.O. Box 3317 - Chico, CA 9-5927 39-08-56 A.L. & J-0. Bertagna Rt 3 Box 59 . Chico, CA 95926 Myles Pustejovsky C/o McCain Assoc. 492 Rio Lindo AVe. ni�� ^- 0 A n t -n I'll- 0 0 EXHIM "A" L Parcel ?arcel- I _ All that certain real property Situate in the County of Butte, State of California, described as follows! Being a portion of Section 10,Township 21 Nortjj,Rjncjc 1 East, MoD -B.& Mo and More particularly described as follows: Beginning at the southeasterly corner of Parcel 1 as said parcel. is shown on that certain Parcel Map, recorded April 6, 1978 in Book 65 Of Parcel Maps at page 67. Said Point also being on the northerly line of Regan Lane, thence from said point of beginning South 5001017" West along the northerly line of said Hoqan Lane a distance of 137.58 feet; thence leaving the zlortJierly line of said Regan Lane, North 14059102" West a distance of 425.00 feet; thence South 75*00158" West a distance of 230.00 feet; thence South 14159102" East a distance of 289-55 feet; thence North 75000'58" East a distance of 105.00 foot; thonce South 140591021, East a distance of 192.93 feet to a Point on the northerly line of Regan Lane; thence South 50019017" West along Lho northerly line of said Regan Lane a distance of 790.06 foot; thence leaving said northerly line North 14059102" West a disLance of 1122.71 foot! thence North 75000,58" East a distance of 967.81 foot; thence South 14159,02" East a distance of 677.67 foot to the Point of beginning. Parcel 2 Being a portion of Section 10; Township 21 North, Range 1 East, M.D.B.& M. and more Particularly described as follows: Parcel 2 as shown on -that certain Parcel Map recorded in� the Office of the Recorder Of the County of Butte, State of California on April 6, 1978 in Book 65 of Parcel Maps at page 67. Parcel 3 A portion of Sections 3, 10, and 11, Township 21 North, Range 1 East, M.VV& M, more particularly described as follows: BEGINNING at the Northwest corner of said Section 11; thence along the East line Of that certain parcel described in deed from Mary Pauline Reed to Norman Stoner as trustoo for the children of JOS D. Guerrero recorded in Book 1847 at page 340 Butte County Records, South 15023152" East (Record South 15o 19, East) R27.90 feet; thence South 300 591�50" West 80;67 feat; thence South 146 101 50" East 01,09 feet; thence South 6001515911 East 86.74 feet to a point on the East line of the above mentioned Stoner parcel; thence along said East line and the Southerly Prolongation thereof, South 15023'52" An 1762.37 feet tq the centerline of Regan Lane; thence along said Qenterline South 490 581 West 180.0 feet to the Southeast cornerof LhaL certain parcel of land described in deed recorded in volume 724 at page 165 -Butte County Records; thence along the boundary of said parcel the f011OWinq 3 courses N(-tth 400 021 Wosl- 2121.0 f('( -It, thence South 490 58, West 141.0o footj thance so,' feet 'to 'the center of 110gan Lan(, Itli 400 02, i"M t 212, 00 )co I'llonq Ula c, of saia Hegan Lanet South 490 581 west thot on to . 1� 472.90 foot to tjjc, '()11thw(-'St Cornor O:C the aforementioned Stoner �4) Of said Stoner parcel as follow- t1lQnc(-, alori(I tho boundaries ,9: North 150 WCqq 2990.8 fact, North 850 001 East 82i7 feet, NortIl 510 201 1"Ji'lSt, 106,0 feet South 880 46, EaSt 93.5 feetr North 500 54 - North 020391 North 331 321 East 150.6 feet, 1",aSt 1,02.6 North 710 341 Lt 10,3.8 foot, the point of bl';ast 191-3 f0e'tandSOU-th 020 151 eginninq. 93.1 f(�et to PaLcel 4 A Portion of Tract No, 8 of Township 21 Nor M. D.B. & M. . th f Rclnclo I East, I More Particularly do-Scribod as f0jl(-)ws: BEGINNING at a Point on. the Northwesterly line Of S','Aid Tract No., and the centerline Of' 11eqan Lane distance South 5003713 2663.35 feet from the Northeast corner of e-1 ,-h 501()8'3511 West 785(.-) fect' 81 SC point also being distant SOUt -qaiel Tr�Mt No"' W st , South 5013713511 West 4288.3-5 fL�Ct and South 500371351, 110st 4386.35 feet trom the Northeast corner of said Section 1,. thanco line South 3304212511 East 264.12 fopt- 10avinq said Ln .in iron pjp(j; thence South 37009105,, East 58.0o feet to in iron pipo'. thonce South 4903415811 East 73.15 feet to an iron pipe; the Bast 115496 feet Lo an iron Pipe; the,, nce North,50`3713511 412.68 feet tO a Point in cc-, North 3902713311 West alon I the conterline of 11eqnn Lano,, thence .g said center, South 50113713511 West Of beginning containing 08-00 feet to the place 1-10 ac':Os MOre or less. Parcel 5 A Portion of Tract 8, Tract NO. 9 and Tract No. North, Range 1 East, M.D,B,& M. 10 of Township 21 Joseph Ri Eddy and wife to 11. also 100 acres of land sold by Deeds, at page 1.81, J. Miller, recorded il) Sook 54 of Official Records, Of Butte County, said Tracts and 100 acre Parcel lying within section's 10, 11 and 1.01 of said Township and Range, more particularly described as folj,ows: BEGINNING at a Point on the N OrtbwcstcrlY line of S,'Iicl Tract No. 8 and the centerline Of flegan Lane distant South 500373511 West, 2663 1 .55 feet from the Northeast corner of Said Tract No, 8, said Point also being distant South 5 4288,35 feet and South 50"37'35" West South 50037'3511 West, 0008'35" West, 7855 feet, 4386.35 fO'c,$t from the Northeast corner of.gaid section I thence leavinq said line, South 330421251, E-Ist, -0n iron Pipe; thence South 37609,05,, past, 58 .00 284-12 foot to Pipe; thence South 490341581, tastt 73.15 f fect to an iron Oct to all iron pipe; thonce North 5003713511 East, 115.96 foot to an i -on Pipe; thence South 39127,33 ',' East, 2316-75 feet to an iron pipu; thence South 50187,35 West, 34.00 feet to all 3902713311 WeSt:,,45.00 iron pipe,. thence North feet to on iron pipe; West, 1976.69 feet to an iron pipe t thence South 50*37135" 0 a Point on the Southwesterly boundary line Of Parcel 3 as described in Deed to Mascitelli, et al recorded auly 17, 1968 , Cathorine Marie in Book 1525 of Butte 4v vv. F,MIT131T All that certain real property situate jn the . of I)utt State of California, dOScribed rac,� foj.l()w.,j: Being a portion Of Section 1.01 Township 21 Morth, M -D -B-& M. and more particularly descrij:)o( RaII90 I 1,',Iast, , _1 '. *1 9 follo.v1s: Comiencing at the Southeasterly corner of Parcel l :Is said parcel is sho:*vm On that Certain Parcel Map recorded in tile Offic 'Recorder of the County of j3utto, e o f L h e StI-Itc' Of California on April G, 1978 in Book 65 of Parcel Maps at pa5o 67t said Po.`mt boinq on the northerly line of i-iegall Lane, thence South 50clIg'17" West along Said line a distance of 137.58 foot to the True Point of Beginning for the parcel herein dcsc�,:ibad; -thence fj:Oyn si Point of Beginning -1 , North 14059tov West a distance Of 425.00 feet; thence South 75006158,, West a distance of 230.00 foot, thence SoUth 1405910211 East a distance Of 289 55 feet; thence North 175*00'58" East a distance of 105.00 fe* East o dictance of 192.93 feat to ut; thonoo South 140591021, -1 point oil 'the northerly line Of sail Hegan Lane; thence North 50'19117" East alOnq said line a distance of 137.58 feet -to the point of becTinninq. dulY 30, 1981 Andrew L. Bertagna Rt. 3 Box 59 Gh,to"- I UA 9592C, Re4 Use Permi-� AP 39-08-56 Deer Mr. BortaCnn: no tify you �-Jjat We have received your a fur a use painit to a14 pplication low �ho �I SE191legation Of R two acre home- o�; to in thie ji-I S� 20 '�Cru/ -one lucated on uhe b of -bc!ZI(,,j approxi.matoly 'Ye mile north of VJA'Plt�, S�oadj :;111'" Miles 830utb of Ohico. Elf) WO will sohedule Public hoax-Lngs nt such time Se. the eTIVIX'on- �recupjmendat;iorls of ;he Dupart;mcnt of Publlic Works and Environmelital II)anitation have beeL� by th.Ls offic(l. received Bettye Blair BB:jc cc: Myles iIISt;ejov8I*-Y c/o McOaln Assoc. 492 I'U0 -Undo Ohicol CA 95926 TO., 1". Y5 , 96 - REQUEST; Bapvkw-&-Q�� AP NO, DESCRIPTION OF PROJECT: , tTSe GX'Mit to 9110W the SO e ation of n p in,, -ma -A A.-. j - A- � 9 11 - I r� LOCATION: -.94—the 'northwent mirlo ,-r Ir.-- -r--.- Road, three--milOs SOUth of Chico APPLICANT: Andrew li, ADDRESS: OWNER: PLANNING COMMISSION ACTION SCHEDULED RETURN DATE REQUESTED: ASAP 4uguot 171 1981 DATE DISTRIBUTED: ATTACHMENTS: Copy of application h nint plan, RETURNED: O#jnfy Bulln, PLANNI G 2—ee—AU.TM ENT'S..l NT8 R Dr-PARTMENTA L REV 1,---�LR EQU EST Intilng Cq0jm;ss*j0n 7 County Confe, Dtiyo TO: Dtvimion. ol', vlores-1;3-y REQUEST; Revlew-& Col-nment AP NO..' 39-08-56 DESCRIPTION OF PROJECT: .,I) q Dermi-b to allow the se-, ga j-io. of a 2 acre home- rj i-te ijj, the- A-20 (Ar�,,�j tq.val-20 acre o loul__ LOCATION; on the ixor-bb,' ast side of llegan Lane a-pprox. 14 mile north of FimT)le Road,. three miles scath of Chico APPLICANT: -Andrex L. Bertaga,,-L- ADDRESS: 17-c, ,,-4 OWN E R: ---- il;;Tnp PLANNING COMMISSION A,�;TION SCHEDULED RETURN DATE REQUESTED: ASAP August- 17, 1981 DATE DISTRIBUTED, 7,,l - -igAl ATTACHMENTS. CopV of application & plot plan, RETURNED: COMMENTS: Gw--if � 770 -,J 'OrtwilleL cpliforol'A Road, three miles south O.0 ollico APPLICANT: . . . ................. ......... ADDRES,13., OWNER: PLANNING COMMISSION ACTION SCHEDULED RETURN DATE REQUESTED: ASAP -kllgust 1981 DA*rE DISTRIBUTED! Tl 7 1 -rr 2 "1 11 nA ch �:rl ATTACHMENTS: Co of application & plot p (an. JUL 311961 RETURNED: I C,6090,0 COMMENTS: cduhfy (PPLANNING DEPARTMENT' INTERDEP R tENTAL REV of oulfo n'r'tlg Corn�,jj;tjon TO: _V OtItIfy C00or brivo REQUEST: BDvjQwBLQQMM= AP NO., �9 -08- 36 DESCRIPTION OF PROJECT: -in. the A-20 A vicujj-mrni-,)r) els) LOCATION.*--Q,a the nor,�'hvin-crl-, ----------- Road, three miles south O.0 ollico APPLICANT: . . . ................. ......... ADDRES,13., OWNER: PLANNING COMMISSION ACTION SCHEDULED RETURN DATE REQUESTED: ASAP -kllgust 1981 DA*rE DISTRIBUTED! Tl 7 1 -rr 2 "1 11 nA ch �:rl ATTACHMENTS: Co of application & plot p (an. JUL 311961 RETURNED: I C,6090,0 COMMENTS: ink lw PLANNI�LG--D�.P—ARTMENVS INTERDEPARTMLltffi County of Butte L R E VLr. W .,USflannlng Comm, 7—JUU)ldc WorkF3 puff- �'Q- P4nnilig Comm. '-7 County Conf or Drivo 9594,t REQUEST: ELa A U G I 9-IT6 —I AP NO, DESCRIPTION OF PROJECT: --TYMa--j ermli: to _S_Unvr tljp site, in tLe. A-20 (10"ricalt -20 ural LOCATION:. On the northwest side of VimplB- --Tload, three miles South of Chico APPLICANT: Ankft� L. Bert gns ADDRESS: Boo OWNER: ""ane PLANNING COMMISSION ACTION SCHEDULED RETURN DATE REQUESTED: ASAP AugList 171 DATE DISTRIBUTED: July '�J. ATTACHMENTS, COPY of appllcati,�m & plot plan. RETURNED., '5? - /'�- vlf / Aft AL up w ;,� ol? v kill 0'rovi 11, e j I �j -1 J, XV. RieLv-pae, a u n I -,y Table kj,�r Di s `11�*W' "Peok Wo I; fe.t f, ON, Mn, M,.ji,jjaj iq� ,ter e a , K, !I 'It ["Stf�, (�S L Durham f4t.,p", 1". � 'i. � r AN 7) i ,J i, 'A x -04 r' ea U4 e I, R j, r L 4 '14 '. Co. t P", , 1, !7� L C . c 4A, L IR i 116 -hvvle ee, piq, I Vist. a3 FtatO rn F e-1 , - t Oommunify V�ohool.-, Acro!,; -'.I ("A �3t4,'At( Vy lle'y Pay -N." LaLor Chi i e-1 ll�;lvonp- wa t u1j,)r! -"jU (AN "lippC GO Iduti Pon!%�a,or Grid'; L. r ,ni 00) 0 b"Orest Ranch) x0v� 110 El�jvlentar�,y wl� UD�ori Iflgh 'Palexmo i Do""halb Riclava I e av M 0 R A. i IR T�'A e P! rlt� 'Ha..at. I"! IfEWUROL at 'Soul", o 's t, r 0 o r Z77, 40 PITTTP COUNTY PLANNIM. ,Notice is bere')y *�V(-tl I)Y' t7le 'RUtte Volinty Planningy Cc bat Pub%c bearilifyS vill 11,6, 1)(31d on _)ynmis.sion 1981 at 7!'Q pm T"odnesday, SePtember 16, in tbe nut,�p rollnty qogrd .enter, 29 roll poom, Butte Comity'AdmiristTation V Of 9tzpvrviq.nrs Oroville, ranforma, regrarding the fo I llnwinp� TItY r0ntOr Prive, ITMISON 131f-ITC11 XBOATTIrp Pr,0'LAPATI()N,!-, PEML�P�-TN r(jt�tlgl toe Hiltop TrSe permit to storage off flainmablo ft P11., undcrgTOund storaI7,e je7 oned "A 21' (Ceneral) jocatefl on the ek1st sj(jc.� f O71,,.PropC',j'tV .,pproximately 3/4 rlile na?t*j, ,)f rnnf 0 ti -lay 991 ghl % '10, 47-10-146, 9 mjj(�q yloytIl Of, -nt il 'i ar, 2,, bemtec Irjc, - tys(.., pe�.rmj? .0 11,01., rhf� Stor, 1�0) (I F a nil i�n two 30,0100 gallon undo F1 m 1, 17. rArollild t�jpx�..q Oil propertv 4onerl 1111-21, (1-1010vy 1ndustj-j-,qj,) locatee, or the past i ighway 99 on the norti'l sicle . SHO of 10-41).0 , South If p1ltte er eel,, 1(7entiFi.4 as AT) 7 of rh1co. J— BeTtagma A acro homesito avi r''Ne sejrc�-q&tion of a 20 "vcels) 70c'.1 ed on a c r e r 4. the northivest sido of 11ovvil Lane, arprox,,.at(-,j,y. 1/2 milc. norl,11 Of r-imple Poad ep A+" at South of Chico, Tbe abovo raWntioned applicalciong, Petitions, Maps, mental impact reports andifor ne�,atj, r1raft emdron- ve TOPOrts are on filp. av'Ailable for public V*evll. PlaWting Perartment, 7 1. Cou 19 at t�he office of the Tilltto f� ounty Environmental Tmpact popor rltY rentet Privev nvov,ij,je, ts are raliforniv. COMIty lihroriess also avail"'"e at e0llepe an(' T11TT'rLT CWNTY PLAX�!Ttkw PILATI)v T)MrTOP OP PLAWNINc TO 11F. PITPLIS11r,11 IN 171y, S A j; September 8, 1981 L".] 60- U., a fir PLANNINO COMMISSION I COUNTY CENTV-R DRIVC. - CALIFORNIA 95965 PHONC 534-4h., Mr.. Mic-frow L. Bortagiia Route 3� Box 59 Chico, Ca. .05926 Re AP 39-08-560 tise porillit DoaI., Plil. Bortagm-�: Encloscd i's a, Copy oF Staff Findi.11jr.,; concorwing, youj- 1p- lilication, for a tire pormit to a1low the sagrOgation I of a � acre homesito On, Ploperty zoned "A-20" (Agrict.jjtural 20- acl^e Parcels) locnted on the iiortljwe.�t sicic;-'Of liepan Lane, approximately 1/2 mile north of 1"Imple Road, south of Chico, A public hearing on this project has 1)('011 sot for the Planning Compilssion, at their regular iioeting on September 16, 1981, This meeting 1�rjjj he held in the Board of Supervisors' Room, Coulity AcUilnistration Building, 2S County U.iiter Tij-1ve., Oroville, and is scheduled to begin at 7030 P. 1�1. Should you have any questions, please feel free to contact our office. sincerelyo Charlie Woods Planner T11 BETTYE BLAIR D '�01� 014- PLAN�,:!Nf; /lid for TRHC' Fnc September 17, 1981 Andrew L. Bertagng Route 3, Box 59 Chico, Ca. 9S926 Re: AP SO -n8 -s6, Use Permit ii Dear Mri Bertaghat At the regular meeting of the Butte County, Planning Commission hold September 16, 1981, Your application for a Use permit to allow the segregation of a 2 acre homesite on property zoned "A-20" (Agriculiural - 20 acre parcels) located on the north - West side of Ilegan Lane, approximately 1/2 mile north of Pimple Road, South of Chico, was approved, �ghould You desire to appeal Any ofthe conditions imposed by the Planning Commission You must do so, in writinty, to the ClerR o -E the Board of Supervisors, 25 County Center Drive, Oroville, fornia, prior to 5;00 P -m,, Thursday September 24, 1981. If you do not appeal and if there are no oth' or.appeals within tfte 8 -day appeal period your use permit will be issoed after Octobe 1981, the dat' r 7 e of the official approval of the minutes of the� Planning Commission tor Septem er 16, 1981. b Should You have any questions concerning this matter, please feel free,to contact this off, ice. Sincerely, BETTYE BLAIR DIRECTOR OF PLANNiNr, By Planner III CW. -Ir IMM APPENDIX 6 N 1:1, G A T I'VE 1) 1�,- C1, A R A KT N 10 N M 11-� El A L I � ILA a r 13 NOTICE TS HEREBY GIVI-31N that the projoct described beir)w has beal reviewed pursL I lant to tbo provisions Of tile California Environmontal Quality Act 017 1970 Public Resources Code 21100, et. seq.) and a. deterniination has been made th;lt i�t wi,, lot have ,, $j g Ti i f i ca-, I n t effect upon tile environment. Log 81-07�28-01 2. DHSCRIPTION Orl' PROJECT: Use Permit for tile segregation of a hollies,ite i zone (A-20) and creation of - n an agricultQ17a,1 3. LOCATION OF PROJECT: two parcels, 2.0 and 18 acres. AP # 59-08-56 Northwest side of Hegan Lane, approximately h mile north of F-1111pl.0 Road, east of Dayton Road, 3 'les south of Chico. 4. NAME AND ADDRUSS OF PROJECT APPLICANT; Andrew L. Bertagna Route 3, Box 59 Chico, CA 95926 5. IMITTGATION MEASURE -S: 6. A COPY Of tile initial study regarding 'the envirLamental effect 01' this project Is attached. This stud'y was: Adopted as presented. ElAdopted with changes, Specific modifications and supporting reasons are attached. 7, A public hearing on this Negative Declaration was held by the decision making body. Hearing Body Butte County Planning Commission Date of Determination Determination: On the btsis of' the i 3nitial study of environmental impact, the inforr,1,,tion presented' at hearii-igs, Comments received on the proposal and our own knowledge and independent research: We find the proposed proj'oct COULD NOT have a significant )[j] effect on theenvironment, and a NEGATIVE DECLARATION is hereby adopted, We find that tile project COULD have a Significant effect oil the environment but will not in this case because of attached mitigatioi! measures described ill item 5 above which are by this reference made condit,�'ons of project approval. A conditional N- TIVE DECLA-L adopted. E I D' RATION is hereby kign ,9 Ch�irmajj, _El., Inning, Commission Title Date APPENDIX H NOTICE, OF DETE10-1-INATION TO: Secretary for Resources L 1416 Nliith Stroct, Room 1311 E SacraMOnto, CA 9,98,14 County Clork, County of Butte 2 4. '1987' 25 County Center Drive Orovil.],e, CA 9596S ICLAW A, Nr -J.,10'4% C61,Mly t,,Id A. FROM.- Planning Department bapo" 7 County Center Drive Oroville, CA 95965 (Filed) SUBJECT.- Filin�g Of Notice of Determiliation in Compliance with Section 21108 or 21152 of the Public Resou&ces Code - — ------------ 81-07-28- 1 Pro U�J ec t Title e Permit AP ff 39-08-56 Andrew tertagna State !Oil earinFl—ious T—Number (If s ubmitte(I to State Clearingho'u,se) Contact Person Tele Bettye Blairp Planning Director (,F�Tnc Nu 'T-7*6 0 1 Project Locat —03T—Me—g—an—Ta—z,-'� appro -2 Ill.L.Lz 11urL'n ot FIM In D -AA ast of les South of ch - Project Description: ice. For the segregation of a homesite in an agricultural zone (A-20). This is to advise that the Butte County PY—anning Commission Rgoncy) has made the following determinations regard""'Lu ' project-- ing the above-described The proje have a sidnificant effect on ct El w"' the environment. will not 2. F-1 An Environmental ',Impact Report was pr, ared for this project Pursuant to the provisions oi QA, and was certified as required by Section 1508,,(g), 14 California Administrative Code. A Negative Declaration was prepared for this Project Pursuant to the provisions of CEQA- A copy of the Nega'tive Declaration may�be examined at the Planning Department, 7 County Center Drive, Oroville, CA 95965. 3. A Notice of Exemption was filed indicating this project is exempt from environmental review. 4. A statement o�f OverridiTig Cons.-Weration was, adopted,for this project. D Ix was not, 5. Mitigation measures adopted by the L I Agency to reduce the impacts of the approved proje-t 2"ac'.:' None �C /zre ignatur,e Bettye Blair Planning Director Da,to -Q) 7;16 November 17, 1981 Mr. Andrew L, Bertagna Route 3t Box 59 Chico� Ca. 95926 Re: AP 39-08-56, Use Permit Dear Mr. Bertagna; Enclosed are the original and -one copy of your jjsei, Permit No. 82-3 to allow the segregation of a 2 a4Te homeSito On Property zoned "A 201t (Agricultural - 20 acre parcels) located FLI� on the northwest sido of Hegan Lane� approximately 1/2 mile nortli of r-j-DIPle Road, soutli of, Chico. YOU Will Please sign botli copies nnd return them to us. We will then have them validate .,,/ the Chairman of the Planning Commission atid the original will be returned to you for you.A. records. The use permit is doemed granted wlien t1lis Permit has been Signed by the applicant, countersigned bv the Chairman of the Planning Commission, and said permit is t6ceived by Vie applicant by registered mail. Should you liave any questions, please feel frec, to contact our office. Sincerely, Bettye Blair Ad D�rectov of Planjj,ing Encs StuaTt� C 110TkS .56 tagna Ste-Vc St'ro'tcrl jor A-ndTem BeT Fee Review DecembeT lot' VL LIS fOr tl'e tj.jjS Tp�l Since re k1pou W1 tjj, the past 6 T,'Ont fee Vas acte 'Site P USE PERMIT BUTTE COUNTY PLANNINQ COMMISSION DATE (RogNtorod moll rocalpt) PERMIT NO. ASSESSOR'S PARCE�L_Ro—,— Pursuant to the Provisions of the Zoning Ordinance of the County of Butto and the special conditions set forth below: Is hereby granted a Use Permit NAME in accordance with application flied: 7 1 ""l a I low--,, of a propurty :"ANP)A-20�, oil tlzo Gido ox, ilogan ---gouth. QC. llco,� Failure to comply with the conditions specifies herein as the basid for approval of appli. cation and issuance of Permit, constitutes cause for tile revocation of said permit in accor- dance with the procedures set forth in the Butte County Zoning Enabling Ordinance. 2 Unless otherwise provided for in a condition to a use permit, all conditions must be com- pleted by the permittee within 12 months of the delivery of the countersigned permit to the permittee. 3. If any use for which a use permit has been granted is not established within one year of the date of receipt of the countersigned permit by the permittee, the permit shall become null and void and reapplication shall be required to establish the use, SPECIAL CONDITIONS., 1,,']V�� "Zatil� Siubaivision 74ap Y% 1 C 11 all t or 2 Q G, f C 0 A C thar Its a W01 I Ti s(,miap r p di tho cozllit� Health DO- --ar.21 Uao,,� 011 V-VC0 11 1 t,0 710, TG -- 0 OT 0WIloys Isa -tho� offi(:o of tho I hereby declare under penalty of perjury tliat'l h"'e'166'ad the foregoiri�gl 8,6riTjjf0fij�,_ 4"t they are in fact the conditions which were Imposed upon the granting of this use, peralit-,-, a�id that I agree to abide ful ly by said conditions. Dated:_ Applicant NOTE� Issuance of th is.,Use Permit does not w6iv I e -requirement of obtaining Building and Health Departilibilt permits before starting coh�Wuctlon, nor does it waive any oth rt,46,." 9r Irements, CC,*,,,Hd6th Department Department of Publit� Works (2) Fire Depa rtment chairman bf Planrlina CommIssion USE PERMIT BUTTE COUNTY PLANNING COMMISSION OATF, roculpt) 11UNMIT NO, ASSESSOR' �A'RCEL �o, Pursuant to the provisions of the Zoning Ordinance of the 'County of Butte and the special conditions set forth below, NAME Is hereby granted a UsePermit In accordance witit application filed: to allow (80f�, Pago, '21) Failure to comply with the conditions specifies herein as the basis for approval of appli- cation and issuance of Permit, constitutes cau.-,e for -the revocation of said permit in accor- dance with the procedures set forth in the Butte County Zoning Enabling Ordinance. 2 Unless otherwise provided for in a condition to a use permit, all conditions must be com- p(eted by tii. permittee within 12 months of the delivery of the couritersigned permit to the permittee. 3. If any use for which a use permit has been granted is not established within one year of the date of receipt of the countersigned permit by the permittee, the permit shall become null and vold and reapplication shall be required to establish the use. SPECIAL CONDITIONS: ol" the ol-i, aarl 0,oir 31 man Tho o A- yoar V s 4 r o - j I zh the t�,,Vo ebaar? a 34'a 9V -4c'; (,iv�l w,11"dor 1:110 h'6v6 read the� foregoing condl tions, that they are In fact the conditions which were Imposed upon the granting of this use permit, and that I,agree to abide fully by said conditions. Dated: Ap5li;;nt NOTE., Issuance of hi it does not wai �f is- Use Perm ve requirement of obtaining Building and Heal ft-DeOdhment permits -before �z tart'! ng''can8 tru6 ti on� no0does it walve any._-otM§r`requnrement,q, H''ealth Department Department of Public W,orks (2) Fire Department Chalernan oi Plan—n—ing Conunks1pn r USE PERMIT BUTTE COUNTY PLANNING COMMISSION BATE (19apistorod t11Hil reoalAt) t'EgA T No, 1 ASSESSOR'S PARCEL N6. r Pursuant to the provisions of the Zoning Ordinance of the. County of Butte and. the Special - conditions set forth below: Lb NAME Is hereby granted a Use permit s in accordance with application filed.,__ _ to aIIoJ��i�� —at-el— �• Failure to comply with the conditions specifies herein as the basis for approval of appli- cation and issuance of Permit, constitutes cause for the revocation of said permit in accor- dance with th3 procedures set forth in the Butte County Zoning Enabling Ordinance. 2. Unless otherwise provided for in a cr "it on to a use permit, all conditions must be com- pleted by 'the permittee within 12 *hs of the delivery of the countersigned permit to the permittee. 3. If any use for which a use permit has been granted is not established within one year of the date of receipt of the countersigned permit by the permittee, the permit shall became nu 11 and void and reapplication shall be required to establish the use, SPECIAL CONDITIONS, a �,51s ��"� . �;1 wa w:.lti4'�;��i.t�.�y p ��,'�� � �� J,l�e.'�.,a di��' �'r',�.a,�i� +&�A�:➢ G w e I hereby declare under penalty of perjury that I have read the foregoing conditions, that they are In fact the conditions whish were Imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. zt. , Dated:,;�,t, Applicant N0Tr: Issuance of this Use Permitdoes not waive requirement of obtaining Bu r' and Health Department permits before starting construction, nor does it way to any other requirements; CC: Health Departments - Department of Public, -Works (2) a Fire Department ChairmenbfPanningComp fission ._ _.. il6,fc9s!`anawar:r:awd.xce""�;lb.;;,� --•. r , ,. ....,.._ _ .. OF AP 35--08-56 ' SEiNDERI C(rntptotr ltkrno 1,1 mf 3. Add your Address Irl the "1trPUttN Tia" ipa reverse. L The (()flawing scrvlee is requested (ohoolf one,) • t ( )Ihow to Whom and date dellvarod F© Show to Whom, data and addrem of deuvr .y ;z0 RI?STRICTEI) Dt-,L VERY D Show to whom and data doilvered-4-0 0 RMTRICTEDDt LIVERY; •«•��"�. Show to whom, date, and address of delivery,$,.^ _. i (CONSULT POSTMASTER FOR REFS) 2 ARTICLApt7iz`s&StPTOs m Wo L. Bertagna Route 3, Box 59 Chico. R C1._ 9592tS ry 3. ARTICLE pESCRiP'1'IONt m naa16TEREq NO. CEnTIFIE0 NO,. INLKIRED NO. m 295909 tmlWflys obtain signature of addrassao or agvnti % m l have received the article described above. " m SigIVATURE O CAddr�y ttthotaed agent! , , ITT c 6. ADDACSS fcomatat* onty if n I d m m i{ m H. UNAnI E 7b QCt,VEH BECAUSE. C, ER $ f INIT Is p 4 PLANNING COMMIS810N 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965 PHONE, 534.4601 March 30, 1982 Andrew L. Ber+tagna Rt. 3, Box 59 Chaco, Ca 95926 Re: Use Permit AP 39-08-56 Dear Mr. Bertagna': It :is necessary that the Conveyance of "Development Right and Open Area Easement" ':hat you ,granted to Butte County on Dec- ember 3, 1981, recorded in Kook 2678 at Pages 124 thru 130, be amended, The Conveyance that was rec:orde e.j. contained the word '-perpetual" which was incorrect. The amt*nded Conveyance contains the correct statement of restrictions. Enclosed is an amended Conveyance form which must be, at your con,- venience, completed and returned to the County: If you desire to have the document notarized by the County, please contact, this office. Sincerely, B. A. Kircher Director of Planning, BAK : l r Enc cc: Myles Pustejovsky o McCain Assoc, mum AMENDED CONVEYANCE 017 DEVELOPMENT RIGHTs 11fly AND OPEN AREA l A.SENMINT ELEANOR 1J, 6; RECORD"p E L r T111,5 C011VOYLInce OE DOVO-Loplilent Rights and op C, on Area Easement, mado this 18th, day of Marcil 19 82 , b:,f and between Andrew L. Bertacrlia and Janet C. Bertagna: as Grantor(s) in consideration of the approval of a use permit do(cs) hereby grant to the COUNTY OF BUTTE, as Grantee, hereinafter referred to as County, the devolopment rights hureinafter set forth for the term and subject to the covenants and conditions set forth below in the property desci,ibed in Exhibit "All as Parcel 2, at t. ched hereto and made a part thereof, for 'the express purpose of maintaining such property for agricul- tural Liso and tis open aroa. REC I T A L. S , WHERE.AS, pursuant to the County'S, General Plan; the County has determir,;,°J that the property of Grantor(s) describr,-LI in Exhibit "A" is agricultural land constituting a natural resource of Butte Count,/; and WHEREAS, the County's General Plan sets forth a llolic-v of Protecting the Agricultural Production Capability of Agricultural lands, and the maintenance and conservation of this natural resource; aad WHEREAS, in, furtherance of stich policy, the County has zoned the property described in Exhibit "All to an Agricultural Zone; and WIMEAS, Grantor (s) desire(s) to create a lott-for the Purpose cf LU maint-aining a single family residencethereon, suchlot, being described as 5 Ar Parcel 1, in said Exhibit "A'" and WHEREAS,, Grantor(s) has (have) applied for and been granted approval of the use permit ptirsuant -to the provisions of the Butte, County Section 24-54 to permit the maintenance of such residence thereon; and CIO r � x�, ., - ..;.•�.�..�eaun.xwrus�r6';rar�{'eaIYOAR WHEREAS, in order to preserve arra maintain the aJ;"CIcLJ:ltural l��rr°ljo:7o= Of the Agricultural Zone in which the ProP 0Vti,es clesc,:rlbed :in i:xhil)t "All a:rc iocatedl, and to mai.ntai..n: the consistency or said zorle with tltc poiicics sot Corth ;in t)"' County's General P7.a t, .it is nccesstiry allcl desirable tliat Grantor(s) convey to the County the Vigflt -to construct additional residenao'; on 'the property described in Exhibit "All as Parcel 2; and WHEREAS, it is the intent o,C the GV:r:rat:or (s) and the purpose of this grant of development rights to allow the Grantor(s) to maintain a resident.'; on the lot described as Parcel l on Exhibit "A'' and prol ibi t the maintenanctc of rosidoncGs on the Property described in. Lxhi.bit "Al' as Parcel 2 so as to neither increase nor decrease the number of residences permitted by the zor,rio in which the said properties are located. '> TIERtFORE, i.n cons,i.doration of the approval of the use permit grarrti.nt permission to Grantor (s l to maintain a single faml.:iy rc.,'Wence on Parcel, 1, :Cot• tine purpose Of mAintaining Parcel, 2 as open area for agricultural purr ,pos M5', Grantor(s) grants) to the County an Open Area Easement with Grantor (s? and their st:ieressors ' right to construct and maintain any residential uses on the property described in Exhibit flAff as Parcel, 2 subject to the :Following covenants, germs and conditions: 1. Grantor(s) reserve (s) -the right to construct or maintain any agri- cultural buildings or to use Parcel 2 for any agricrultural uses otherwise permitted by Ordinances duly adopted by the County, or ordinances hereinafter Adopted by the County to regulate the use: of the property described as Parcel. 2, except any rights to construct or maintain any accessory buildings, subject to any regulations or limitations set forth in any such ordinances. ' x ND Nothing, 1,11 tjjL,-; - Instruplellt shall be construod to a:U-*cct the r[1,111 Or Gircalltor(F,) to lay, operqte, r1laint't I repair, Or rolnove wlter alld sewer Pipe lineso c011(Wits, or drains below the surface of the area described ill -Exhlblt "All as Parcel 2 ipso Far Ljs such activi-t- ,i.es arc no-t incidental to establishitir ., any residentini, USQ of said area, and are not in conflict with the Provisions of this Grant. 3. Thies grant of development rights shall not be Construed. to permit the public to enter upon the Properties described in Exhibit "All for any Purpose whatsoever. 4. This easement and grant of (10veiOPment rights sh,all terminate and the rights granted to the County heroin shall revert to Grantor(s) [1pon the occurrence of any of the EO11OWiT19 events: a. The Property is rezoned to an), other zono,; or b. At least ton (10) years has elapsed from date Of recordation, and the Commission finds circumstances regarding said property and other properties in the area have changed sufficiently to reconsider the restriction. 5. Grantor(s) —Tree(s) that this document may be recorded in the Butte County Recorder's Office IN WITNESS *IEREOF, The Grantor (s) has (ha-,re) caused these presents to be executed as of the day and year first above written. • may, GRANTOR(s) rn ATTACH NOTARY PUB41C VERIFICA'rioiq 13 STATI: OF CALIFORNIA , 1( } COUNTY p o l� before rite,. Iho unr!arsipnadr a Notary Puhl;c in and fnr,,,.,,)in m said State, person1#1y appaarad—= c 1 r } person �-� whosiy known to ma to laq the � C1SC1YS1fTJAtS#4bGGSr7�ifS9IwfiE0Si3IiS311pSSGiSt6hG�{SytDt..lAt9 t H subscribed to t{,io within instrument and acknowledged to ma W , z O i F I C I A 1. 5 i..1 L M iha► _�. "�c` ' - - - --executed the ;lama. P,'t��S L, (SUSt :r�'.';r, Y /Gr s .3r �ti j10TA4Y FUBUt o VVITNESS'my hutt� and africi til sail. i :ir rrts ss.„ COUNTY 0" LOTS c7 Camm. Exp. May 26 1902 _ � "� °+ 0 t .. l "�""'""N.16Y�IFS'�C'JGEAIC➢St1i.Ai:•_,CSS1GJSt.iifld�.G«..,..n.....II..7%1 o Slgnaturo c>•7•-,4 XXI ..., ..fit. ,t-• ��._..,._.:..:. Nama (Typed ar P, into4) %' (This a+r•a fcr rtTcial ncmrtl says+ ss ,.:a�..; BxnBr41L ,A,, Parcel. All that certain real property situate in the County of Butte, .state of California, ia, described as follows: Being a portion of Section 10, Township 21 North, Range 1 East, M.D.B.& M. and more: Particularly described as follow Commencing at the Southeasterly corner of Parcel 1 as said p,arCei is shown on that certain Parcel Map recorded in the Offices of the Recorder of the County of Butte, state Of California on April b, 1978 in Book 65 of parcel, Maps at page 67, said point being on the northerly line of Hegan sane; thence South 50019117" West along said lane a distance of 137.58 feet -to -the True P-0int of Beginning for the parcel herein described; thence from said Point of B(�gin-- ning North 14059102" West a distance of 385.60 feet,° thence .S'outh 75°00'58" West a distance of 133.90 feet; thence South 14059"1211 Bast a distance of 257.20 feet; thence North 75°00'58" East a distance of 71.28 feet; thence South 14059102'" East a distance of 203.18 feet to Pointon the nor'-I,tierly line of said Hogan Lana thence North 50019117"hast along said. Line a distance of 178.99 feet to the point of beginning Parcel 2 All that certain real property situate in the County Of Butte, State: of California, described as fc).lows: Being a portion of Section 1.0, Township 21 I+icJ];th, Range 1 :Cast r M.D.B.&M. and more particularly described as follo;r>c; Beginning at the Southeasterly corner:of Parcel 7 as said is shown on that curtain -, `parcel Parcel Ma G Book 65 of Parcel Maps a� Map, recorded ��.r�. �,, 1978 in p page 67. Said point also h,rzi.ng on the Northerly line Of Hegan Lane:; the from said point of beginning South 5001911711 West along the � y g Northerly line of said Hegan Lane a distance of 1.37.58 feet; thence leaving the Northerly line of said Hegan Lane, North 14059'02" West a distance of 305.60 feet; thence south 750001581, West a distance Of 23.3.90 fee— thence South 14059102i, East a distance of 257.20 feet; thence: North 75000'58" East a distance of 71.28 feet; thence Soath 1.4059102" Bast a distance of 203.18 feet to a point on the Northerly line Of Regan Lane; thence South 50'19'17" West along the Northerly line of. said Hegan Lane a distance of 748.65 feetj thence leaving said Northerly line North 14059102" West a distance of 1122.71 feet; thence North 75100158" tai East a distance of 967.81 feet; thence Sou=th 1465910211 � Lasi. of 677.67 feet a distance �j or, beginning. to the point K e CERTIFICATE OF ACCEPTANCE THIS is to certify that the interest in real property Conveyed by the w -Ithin deed or gran',: dated -rs:m ANDREW T,, AND JANS71 C. BEnMAGNA, to tilie County of Butte, P,01 itic:aa t,ih64 Liri��io�l, s Y� cchy ac Meptt � by order of the �',Ioar d Of car; Agri L 27, 1982,.and t:xo grantees consents by its dUl)' itut orJ-G od offa.cer. By 4 � I rman o- t e l.Y'L�GC County Board of Supervisors VT E,S ;l" CLARK ,A NEL,,' GiP?, Cou kty CSc rk ansa Bic -officio, Clark of. the Bo,,.,,rd By utY GI`er ! - Cri I FILE NO. 39-08-5 Butte County Plann:i.nl Commission Staff Findings - Se1)t0111J)er 1.6, 1981, APPLICANT: Andrew L. Borta&na OWNE;Ft: Same REQUnST: A use permit to allow the sogregatioll Of a t1vo-acre I�omesoi.tcs in tho A-.20 (Agricultural - 20 acre) zona. AR NO: 39-08-56 SIZE: 20 acres. LOCATION: On the northwest side of I-Ie€Ia,n Lane, ap- proximately 1/2 mile north of Simple Road, 3 Milos south of Chico. EXISTING ZONING: A-20 ZONING HISTORY: 7.onecl A-2 August 29, 1955, rezoned A-20 June 17, 1975 by Ordinance 1.588 SURROUNDING ZONING: A-20,` A- 10and A-40 ivest of Dayton Road 1/2 mile to the Nest. EXISTING LAND USE: Orchard, residence and spiall huller. SURROUNDING LAND USE: Agricultural—orchards and widely Scattered residences.. SURROUNDING PARCEL SIZES 1.5 to 100+ arses, so:,ie + l ac -.re parcels GENERAL PLAN DESIGNATION: Orchard and field crops APPLICABLE R;aGULATIONS: The project must meet the requirements of the; Butte Code Section 24-54 (Seg - rogation of Homesites in Agricultural Zones) and Section 24-47 (Cr.*,",'_-','ur)? Granting a use permit) . . COMMENTS The. Department of 1'ublic Works, En- vironlnental Uoal.th 3 the Sherif E, and the Division of Forestry had no coniments or requirements other than the conclitions listod below., ANALYSIS: 71hi:s is a proposal site £rOM a 20 -acre to segregate a ttvo-atcre Tesident:iial home - paxr„el currently in: agricultural production, Ad- jacent, Taw, Is, undo the ownership of a related corporation. (Bewrtagn FIT T r a pIJ,E No 39-08-56 STAFF FINDINGS, September 3.6, 1;081. f: > nrehti.rds, Inc.) total 222.47 acres. The applicant's ergin.eer indicates that the applicant intends to transfer the 18 acre parcel to ownership by the corporation and retain. the two a�.-. e },omesite parcel (telepl•iono conversation with engineer 9/4/81). The project appears to meet the findings of Sac. 2.4-47 (use Perri;.) and the six finding's of Sec. 24-54 (Ag Homos:i;te Seg.) It should 1-e pointed out, however, that the required restriction on future due l Ings would apply to the entire 242,47 acres covered by the devel.7 raent plan. A Negative Declaration of Envelroninental Impact is recommended. RhC.O1Vli+-irNDATiON t A. rind that the requirements of the California Environmental Quality Act have been completed. and considered in making this decision, and adopt a Negative Declaration.; and B. Make the Cind .ngs required by the Butte County Code Section 24-'47 and 24-54; and. C. Approve the use permit to allow the segreat;:onn of a two acre homesite in an agricultural zone on AP 39-08-56, subject subject to the following conditions 1. Parcels shall be created pursuant to the State Subdivision Map Act and Chapter 20 of the Butte County Code. (Public Works) 2. Any development to comply with Health Dopt. requirements including Lis tall. ation of an approved 11 and selvage disposal system under permit and inspe�.tion of the County Health Department. Leach Lines serving 'House on Parcel l to be relocated onto Marcel 1. (Env. Health) . "Prior to the division being effective, the owner or owners of the property included in the approved development plan 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 W. assigns, which disallows additional dwellings from bein-g located on the property until either of the following conditions occur: a. The property. is rezoned to _any ,other sono; or b. At least: t,'n (10) years has elapsed ro.-a date of recordation and the Commission fin6s circumstances regarding said property and other properties in the area have changed sufficiently to reconsider the restriction." (Planning) 4) Applicant must also comply with all other applicable Sta to and local. statutes, ordinances and. regulations. Attach: Site plan, Location Exhibit, Env. Documents Blank Covenant DB/hd .3? --0—" 1 ti f t' `3t FILE No. BUTTE COMMISSION EARRIG DATES ,APPLICANT, 4t,,kLzo 1- L,'Ia�rmvim OWNER N4 RE0UE9'T X545` 1r -E 1?- EXISTING t ING ;GOt�E C� SCALE ...,�°-,sear,-,eiix,�;..v, _ t _.wftNYh!e1W MOr1Y/iMAeWYi�wd��s tt tt •' t , .ttt• . r , .i Mii 1 31--09 -55 1 .3? --0—" 1 ti f t' `3t FILE No. BUTTE COMMISSION EARRIG DATES ,APPLICANT, 4t,,kLzo 1- L,'Ia�rmvim OWNER N4 RE0UE9'T X545` 1r -E 1?- EXISTING t ING ;GOt�E C� SCALE ...,�°-,sear,-,eiix,�;..v, _ t _.wftNYh!e1W MOr1Y/iMAeWYi�wd��s 0 Exhibit "I" CONVINANCE OF DEVELOPKEND RIG11TO) AND PEMPETUAL OPEN AREA L This Conveyance of Developmonb Rights and Perpetual Open Area Easement, made this day of _ , 19__, by and between as Grantor(s) in consideration of the approval of a use permit do(es) hereby grant to the COUNTY OF BUTTE, as Grantee, hereinafter referred to as County, the developmont rights hereinafter set forth for the term and subject --a the covenants and conditions set forth below in the proper -by described in Exhibit "A" attached hereto and made a part thereof, for the express purpose of maintaining such property for agricultural use and as perpetual open area, R E 0 1 T A L S: WHEREAS, pursuant to County's General Plan, County has determined that tho property of Grantor(s) described in Exhibit "A" is agricul- tural land constituting a natural resource of Butte County; and WHEREAS, the County's General Plan sets forth a Policy of Protect- ing the Agricultural Production Capability of agricultural lands, and the maintenance and conservation of chis natural resource; and WHEREAS, in further�itice of such policy County has zoned the property de3cribpd in Exhibit "All to an Agricultural Zone; and WHERI'+'. S., Grantor(s) desiresto creato a lot for the purpose of maintaining a single family residence thereon, such lot being described it Exhibit "B" attached hereto and made a part hereof; and r WHEREAS, Grantor _s ( ) his ai,�.,�.�ed for and been granted approval of thr use permit .pursuant to the provisions o:C t.ho Huttc. Count, iec. to Permit the maintenance of such residence thereon; and WHEREAS, in order to preserve and maintain the agricultural Purposes of the Agricultural Zone in which the property describEfd in Exhibit "A" is located, and to maintain the consistency of said zone with the policies set forth in, County's General .Plan, it is necessary and desirable that Grantor(s) convey to County the t,o construct additional residences on the propertyu in Exhibit "All; and WHEREAS, it is the intent of the Grantor(s) and the purpose of this easement and grant of development rights to allow the Grantor(s) to maintain a residence on the lot described in Exhibit IIBII and prohibit the maintenance of residences on the property described in Exhibit "A" so as to neither increase nor decrease the number of i residences permitted by the zone in which'the said properties are located. THEREFORE, in consideration of the approval of the use permit granting permission to Grantor(s) to maintain a single family residence on Parcel ".B" for the„ purpose a.� maintaining Parcel, A" as open area for agricultural purposes, Grantor(s) grant(s) to County a Perpetual Open Area Easement with Grantor(s) and their successors' right to construct and maintain any residential uses on the property described in Exhibit "A” ,subject to,the following covenants, terms and conditions; I. Grantor(s) reserves -the .r_i.,ght tri construct or maintain, any agricultural buildings or to u.sc, Parcel „A", for any agricultural uses otherwise permitted b ordinances s duly adopted by County, or ordinances ...2 her�airaafter ado ted p y County to reguiato the use ol` the property descr- bed in Exhibit "1311, except any rights to Construct or maintain ..any accessory bui.l.dings, ,subject to any r. Fagula.tior�. or. limitations forth in any such ordinances. 2 Nothing in this instrument, -hall be construed to affect the r-ght of Grantor(s) to lay, operate, maintain, repair, or remove water 4ind sewer pipe lines, conduits, or drains below the surface of the area, described. in Exhibit ".A" insofar as such activities are not incidental. .'to establishing any residential use of said area, and are not in conflict with the provisions of this Grant. 3. This easement and grant of development rights shall not be construed to permit the public to enter upon the properties described in Exhibit "Ail or "B" for any Purpose whatsoevar. 4. This easement and grant of development rights are Perpetual t but shall terminate and the rights granted 'to County herein shall revert to Grantor(s) upon the occurrence of any of the following events: a.) The filing by Grantor(s) or the heirs, assigns, or successors in interest of Grantor(s) of a final subdivision map, parcel map, certificate of compliance, or reversion to acreage which merges the title of the parcelOf property described ItBit in Exhibit E with the title of the.. parcel described in Exhibit b.) The rezoning of the property described in Lxhi:bit "A" or the property described in. Exhibit ".B" ar both to a residential cO=Oroi,al ar industrial zoning classification. e.) The abandon-Ment of this easement and grant of develop- ment p men.t slights by a resolution duly adopted by the Board of Supervisors Of County. 5. It is intended that this easoment and grant of development .rights be construed as a grant of an interes , in real property to the County for the proservation of open area pursuant to the provisions of Title 1 Division 7, Chapter 12, (M6950 et seg.) of the Government Code, and that this easement and grant of development rights not be construed as an open space easement pursuant to the provisions of the 0 en_ S ace Easement Act; of 19 4, Title 5, Division 1, Part 1, Chapter 6.6 ( 051070 et ,meq.-) of -the Government Code. This easement and grant of development rights shall not be deemed to be an enforceable restriction of the State of California. 6. Grantor(s) agree that this document may be recorded in the Butte County Recorder's Office IN WITNESS WHEREOF, the Grantor(s) have caused these presents to be executed as of the day and year first above written. t GRANTOR(s) ATTACK NOTARY PUBLIC VERIV ICATION -4- r BUTTV ,CUNTY PLANNING CCM ITSSION MINUTE'S - September 16, 1981 3. Andrew L. Bertagna. Use hermit- to allow the segrega- tion of a 2 acre homesite on property zoned "A-20" (Agricultural - 20 acre parcels) located on the north- west side of Ilegan bane, approximately ; 12 mile north Of Pimple Road, Identified as AP 39-08-�0, south of Chico 82-22-1-622 David Hironimus read Analysis and Recommendations from Staff Findings dated September -16. Where was no correspondence. The hearing was opened to the public. Proponents: Myles Pustejovsky, engineer for the applicant, said that there was no problem with staff findings, but in response to his ques- tion Sytion: as to the r0stri.ction on future dwellings on the entire 242.47 acres covered by the development, staff cited a portion of flection 24-54 (a). Opponents: No one. The hearing was closed. There i,aas a motion by Commiss:i.oner Lambert-�-seconded by Commissioner Schrader, to A. rind that the Tequirem.ents of the CaliforniaEnvironmentalQuality Act have been completed and considered in making this decision, and adopt a Negative Declaration; and B. Make the findings required by the Butte County Code Section 24-47 and .24-54; and C. Approve the use permit to al.lot,r the segreationn of a two acre homesite in an agricultural zona on AP 39-08-56, subject to the following conditions: I. Parcels shall be created pursuant to the State Subdivision Wap Act and Chapter 20 of the Butte County Code; (Public ltrorks) 2• Any development to comply with Health Dept. requirements including installation of an approved well and sewage disposal system under permit and inspection of the County health Department Leach Lines serving house on Parcel I to be relocated onto Parcel 1 (Env. Health) 3. "Prior to the division being effective, the Owner or owners of the Property included in the approved development plan shall execute and cause to be recorded i,n the office of the Recorder of Butte County a restriction binding upon the original owners and thee- heirs, successors and assigns, Which di.sa,l.l.ol,rs additional dwellings. from being located "4 -A- vlov BUTTE COUNTY PLANNING COMMISSION MINUTES - September 1.6, 1981 on the property until either of the foJ.lowing conditions occur: 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 and other properties in the area have changed sufficiently to reconsider the restriction..(Planning) 4. Applicant must: also comply-with all other applicable Sta to and local statutes, ordinances and regulations. Ayres Conmissioner Lanbcrt, Wheclor, Schra,rl:or., R,0Tj.J1r:tt and Chaa,1tnzn, ZaY . NOES: No one. _ ABSENT: No one. Motion carried. 1' 2710 19PPWVE PEVETUAL OPEN AREA EASEMEN.fT FOR ANDREW L. BERTAGNA ,Bettye Blair, planning director, stated that the conveyance for Andrew L. Bertagna was not over the entire holdings as required by the ordinance. She was not sure if it was proper for the Chairman to sign the conveyance. This property is owned by Andrew L: Bertagna,. The provisions for hvmesite segregation are as provided in the code that { the property and all the properties cinder identical holdings must be pla,eci under this easement. Mr. Bertagna wishes to segregate this property. The other property is under Bertagna Orchards Corporation, Supervisor Dolan questioned what the Board was to do. The conveyances is covering the 20 acre piece of property. The question is whFather the Board is determining this single ownership is also Bertagna Orchards Corporation. The Board could make th:e determination that this conveyance is over this 20 acre parcel. She knew the concern was that some time in the future someone in the Bertagna. family would ,sant to separate another`homesite; Del Siemsen, county counsel, stated that on the basis that the other property is owned by a corporation, these is a separate identity between the corporation and Mr: Bertagna. They are not one and the same. If the single property is owned by Mr. Bertagna, he did not see any problem with the conveyance. If the property were part of the corp(-.ation, that would be a different question, The corporation is the legal ovine- of the land owned by the corporation. Since Mr. Bertagna owns 20 acres in his own name then the corporation property would not play any part in it: On motion of Supervisor Dolan, seconded by Supervisor Lemke and unanimously carried, the conveyance of development rights for a perpetual open space easement ,for Andrew L. Bertagna to comply with the conditions of approval on a use, permit for AP 39-Q8-56 was approved and the Chairman ,authorized to :sign. BOOR OP SUPMISORS MINIJTrS' - N6vemIber 17, 198 773 APPROVE AMCEL1 CONVEyANG�' OF DEVELOPMENT' I,;,HT,S. AND OPEN AREA 'UMIENT FOR ANDRV iku ,JANET BERTtM A r On motion of Supervisor. Dolan, ,seconded by Supervisor 'Moseley and unanin:ausly carted, the amended conveyance of development rights and open area easement for Andrew and Janet Bertagna to comply with condition of approval of use permit was approved and. Chairman authorized to sign, BOARD OF SUR,T ?jX'U'1"5 198? APS 3F.RtaC NFA t7R,:1 ��DS AP 31-o8-57 BERTJaG�� � ro mc. :s ssis:;s i i ;'_'� • . • �� � =�='.2.� ��•'� _ �,• icy c•h,is, i�hRTASNA e fW. Qw • �f •Y W Us M. is _ 1 1011 1514 =_ n� /le, FILE No.� BUTTE COUNTY PLANNING COMMISSION HEARING DATES= Sr- 7"E'2t8 J� 1r�31 N APPLIC "tNT= AivM,) L. 35kTm A OWNER� sR�1E • REQVEST-, a5�' PS RMr7" 7-0 E=TING ZONE: A -2'6 SCALE [�Fi h^"c.''�.d� ,Q d'