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HomeMy WebLinkAbout039-140-013e� r`� MOM (97.6) 899-2766 y Same property owner . ADDRESSi 81.40-7 QCT DgSCRXP7 T0K : Use Permit to allow `a horse arenai and boarding and training of horses, on property zoned A-20 located At the end of Alberton Ave. south of Chico River Road at 10176 Alberton Ave., Chico identified as AP 039-140-013 town/area;Chico GENERAL PLAN DESIGNATION DA RRR-kPP-FEE�P7 l $ RECF,IPT NUMBER: APTLICATItlN ACCEPTEUi RECEIPT tamBERs �✓ % (0 FIttAL ATP. PAM $_��_, REZONING PETITION SIGNATURES CNECKED PERCENTAGE: T ., HAILING LIST PREPARED MAIL-OUr NOTICES WRITTEN NOTICES HAILED MUHBERt LEGAL DESCRIPTION PREPARED PUBLICATION NOTICE WRITTEN s " DISPLAY AD PREPAM NEWSPAPER PUBLICATION 0 fic " P C B R DATE OF TUBLICATIONt INITIAL STUDY PREPARED ENVIRONMUTAL,'DEIERMINATION2 Categorical Exemption FILED: -_ -- Negative Declaration FILED! X _Mitigated Negative Declaration FILED Etvitonmentai Impact Report CERTIFIEDt Otltert f STATE CLEARINGHOUSE NUMDERt APPLICANTIREPRESENTATIVE'NOTIFICATION OF EitVIRONHEUTAL DEIERNINATION PLING CotIMISSION IMARIW(s) r �,' /47 ANN BOARD OF SUPERVISORS' ftEARING(S) t ? - ' J:� ai, ein RESOLUTION FU14B.R (GPAa) ADoPTFDt ORDII M- E'1 100 Allo ; 94-154 Continued hearing - Rosemary and Melvin Bodarke consideration of the Planning Commission's denial of a use permit (negative declaration regarding environmental impacts has been recommended) to allow a horse arena, boarding and training of horses on property zoned A-20 {Agricultural - 20 acre parcels), property located at the and of Alberton Avenue, south of Chico River Road, at 1.0176 Alberton Avenue identified as AP 039-140-013, Chico, (FROM 4-12-!,4) (40) MOTION: I MOVE TO APPROVE THE APPEAL FINDING THAT A. AN INITIAL STUDY WAS COMPLETED IN COMPLIANC�a WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHICH IDENTIFIED POTENTIAL SIGNIFICANT ENVIRONMENTAL EFFECTS THAT THE PROJECT MAY HAVE HAD, BUT PROVISIONS IN THE PROJECT PLANS OR PROPOSALS AGREED TO BY THE APPLICANT WOULD MITIGATE SUCH EFFECTS TO A POINT WHERE CLEARLY NO SIGNIFICANT ENVIRONMENTAL EFFECTS WOULD OCCUR; B. THE. BOARD OF SUPERVISORS HAS INDEPENDENTLY REVIEWED, ANALYZED AND CONSIDERED THE PROPOSED Page 137 May 10, 1994 . MAY W, 1004 P 94-154 NEGATIVE DECLARATION WITH MITIGATION MEASURES PRIOR TO SING ITS DECISION ON THE PROJECT, AND SAID NEGATIVE DECLARATION REFLECTS THE INDEPENDENT JUDGMENT OF THE COUNTY OF BUTTE; C. THE PROJECT ISIN CONFORMANCE WITH THE BUTTE COUNTY GENERAL PLAN AND ZONING AND WILL NOT HAVE AN EFFECT ON WILDLIFE AND IS DEMINIMUS AND THAT APPROVAL OF THE PROJECT WILL NOT BE DETRIMENTAL TO THE HEALTH, SAFETY, OR WELFARE OF THE PEOPLE OF BUTTE COUNTY PROVIDED THE REQUIRED CONDITIONS AND MITIGATIONS ARE COMPLIED WITH; AND D. SUBJECT TO THESE FINDINGS, 'MAKE A MOTION TO ADOPT A NEGATIVE DECLARATION WITH MITIGATION MEASURES AND APPROVE THE USE PERMIT FOR BODARKE ON AP 039-140-013 TO ALLOW AN EQUESTRIAN FACILITY. APPROVAL SHALL BE SUBJECT TO THE FOLLOWING CONDITIONS 1. APPL7.1N T SHALT, MAINTAIN A CONTRACT WITH A DISPOSAL COMPANY FOR THE REMOVAL OF MANURE A MINIMUM OF TWICE A MONTH. ADDITIONALLY, COLLECTION AND STORAGE OF MANURE SHALL BE A:DMINISTEREI TO WEEKLY WITH THE APPLICANT MAINTAINING A COVERED COMPOST FACILITY. APPLICANT SHALL COMPLY WITH THE CONDITIONS IMPOSED BY THE ENVIRONMENTAL HEALTH DEPARTMBNT THAT THE FACILITY BE MAINTAINED IN A CLEAN AND SANITARY MANNER.; 2. REQUIRE A 50 FOOT NO DISTURBANCE SETBACK FROM THE TOP BANK OR OUTER EDGE OF THE RIPARIAN VEGETATION, WHICHEVER IS GREATER, ALONG THE DRAINAGE CANAL THAT REPRESENTS THE SOUTHERN BOUNDARY OF THE PARCEL AND LITTLE CHICO CREEK WHICH BORDERS THE NORTHERN BOUNDARY OF THE PARCEL. NO STRUC'T'URES, DUMPING, FILL MATERIAL, OR EXCAVATION SHALL BE ALLOWED IN THE NO DISTURBANCE SETBACK. VEGETATION REMOVAL SHALL BE LIMITED TO THAT NECESSARY FOR FLOOD CONTROL AND NORMAL ORCHARD OPERATIONS. ALL NATIVE TREES, IN A LIVING CONDITION SHALL BE RETAINED. ALL VEGETATION REMOVAL SHALL BE APPROVED BY THE DEPARTMENT OF FISH AND GAME PRIOR TO REMOVAL.; 3. TREES SHALL BE PLANTED BETWEEN THE COVERED RIDING ARENA AND THE SOUTH PROPERTY -LINE OF THE PROJECT SITE FOR THE PMMSE OF SERVING AS A W x„tik')BREAK AND A SCREEN TO ATTENUATH NOISE, AND DRIFT OF AGRICULTURAL SPRAYS. S;.:4j TREES SHALL BE PLAN'T'ED AT INTERVALS OF FIVE FEET AS NECESSARY TO AUGMENT THE _ THES TO BE PLANTED MALL BE FAST GROWING NG T 5 OFA Paq® 138 pIUTT�° CC)UNTY B( ARD 'fJ SIJP RV�SdRS M�NC ITES MAY SAL to g4-154 TYPE SU-7AE:X L'CR TEM INTENDED PT POSE AND NOT XZSS THAN FIVE GALLON SIZE. THE TREES SHALL BE WATERED, FERTIIZZED AND OTHERWISE MAINTAINED IN A MANNER` TO ENCOURAGE THEIR GROWTH AND MAINTAIN THEIR VIGOR. 4. THE ALMOND ORCHARD ON THE PROJECT SITE SHALL BE MAINTAINED IN ,ACCORDANCE WITH GOOD AGRICULTURAL PRACTICES IN ORDER TO KINIMIZE THE HARBORAGE OF PESTS AND DISEASES POTENTIALLY HARMFUL TO NEIGHBORING AGRICULTURAL ACTIVITIES. IF THE ORCHARD IS NOT SO MAINTAINED, IT SHALL BE REMOVED BY THE APPLICANT.; S. THE OPERATION OF ORGANIZED EVENTS AND TRAINING SESSIONS WILL BE CONDUCTED DURING THE HOURS OF 8:00 A.M. AND 10:00 P.M. AND SHALL BE LIMITED TO 25 VEHICLES AT ANY PROPOSED ACTIVITY PEP DAY "EXCEPT THAT EVENTS CONDUCTED PURSUANT TO CONDITION ,8 ARE TO BE CONCLUDED BEFORE 8:00 P.M.; 6. APPLICANT SHALL LIMIT THE NUMBER OF ORGANIZED EVENTS TO FOUR (4) A YEAR. THIS LIMITATION DOES NOT APPLY TO THE DAILY TRAINING OF HORSES. 7. THE USE OF ANY VOICE AMPLIFICATIMil SYSTEMS SHALL BE LIMITED TO THE ARENA AREA AND SHALL NOT EXCEED 80 DB AT ANY ADJOINING PROPERTY LINE.; S. THE APPLICANT WILL SEND WRITTEN NOTICE TO EACH - RESIDENCE AND OWNER OF A PARCEL OF REAL PROPERTY WITHIN A DISTANCE OF 350 FEET FROM THE BOUNDARIES OF THE PROJECT SITE AND/OR FRONTING ON ALBEIRTON ROAD NOT LESS THAN 14 DAYS PRIOR TO HOLDING OF ORGANIZED EVENTS ON THE PROJECT SITE.; S. THE APPLICANT WILL AVOID HOLDING ORGANIZED EVENTS AT TIMES WHEN AGRICULTURAL SPRAYING APPLICATIONS ARE BEING CONDUCTED ON ADJACENT PARCELS, PROVIDED TRAT THE OR REPRESENTATIVE OF ADJACENT PROPERTIES HAS GIVEN 14 DAYS ADVANCE NOTICE THAT SUCH SPRAYING IS TO BE DONE.; 10. NO MORE THAN 25 HORSES SHALL BE BOARDED ON SITE AT ANY ONE TIME, UNLESS AN APPLICATION FOR MODIFICATION OF THIS PERMIT IS TRADE TO THE PLANNING COMMISSION AND GRANTED FOLLOWING A PUBLIC HEARING. 11. FOR �� PURPOSES OF ON— SITE TRAINING, NO MORE THAN FIVE ADDITIONAL HORSES SHALL BE 47WSPORTED DAILY TO AND FROM THE SITE Un?''IT SS AN APPLICATION FOR. MODIFICATION C•tP THIS PERMIT IS MADE TO THE PLANNING COMMISSION AND GRANTED FOLLOWING A PUBLIC HEARING.; 12. HORSE RIDING ACTIVITIES SHALL REMAIN ON THE PROJECT SITE AND SIGNS Page 130 :0UNTY-130ARD-OF- SUM VIS -HP-A IN, UT S�_ 1f May 10, 1994, 94-154 WILL BE POSTED IN CONSPICUOUS LOCATIONS IN THE STABLE NOTIFYING RIDERS THEY WILL NOT BE PERMITTED TO RIDE ONTO ADJACENT PROPERTIES OR ONTO A.LBERTON ROAD. IT IS UNDERSTOOD THAT HORSES MAY BE TRANSPORTED FROM THE PROJECT SITE FOR RIDING AND COMPETITIVE EVENTS TO BE HELD ELSEWHERE OFF-SITE.; 13. APPLICANT SHALL SIGN A RIGHT -TO -FARM STATEMENT BENEFITING ADJACENT PROPERTIES INCLUDING, BUT NOT LIMITED TO M,%T RANCH AND ITS SUCCESSORS AND ASSIGNS, AND ADDITIONALLY THE APPLICANT AGREES TO EXECUTE A HOLD HARMLESS WITH BUTTE COUN'T'Y RELATIVE TO CONTINUED AGRICULTURAL ACTIVITIES ON SURROUNDING PROPERTIES, INCLUDING, BUT NOT LIMITED TO, AERIAL AND GROUND APPLICATIONS OF AGRICULTURAL MATERIALS NECESSARY FOR VIE PRODUCTION OF AGRICULTURAL COMMOD11CIES AND PRODUCTS.; 14. APPLICANT AGREES TO SIGN THE' AGREEMENT IN SUBSTANTIALLY ITS PRESENT FORMAS PRESENTED BY M&T RANCH AND MEET ALL CONDITIONS STIPULATED THEREIN.D 15. THE APPLICANT SHALL PAY THE CURRENTLY REQUIRED FEE ($200) INTO THE BAATTAL:CON 4 BUTTE COUNTY 'WATER TENDER FUND AND PROVIDE ALL WEATHER ACCESS TO THE BARN FOR A 40,000 POUND FIRE APPARATUS.; 16. BUILDING PERMIT FEES AND ANY CURRENT, OR NEW, 'IMPACT FEES ARE TO BE PAIv AT THE YEE TXVEL IN PLACE AT TME TIME OF THE APPLICATION FOR THE BUILDING PERMIT.; 17. APPLICANT SHALL ALSO COMPLY WITH ALL OTHER APPLICABLE STATE AND LOCAL STATUTES, ORDINANCES AND REGUL3;Tio-F. s. AND 7.8. MINOR CHANGES MAY BE kPPROVED ADMINISTRATIVELY BY THE DIRECTOR OF DEVELCiPMENT SERVICES OR DESIGNEE UPON RECEIPT OF A SUBSTANTIATED WRITTEN REQUEST BY = APPLI(N=. PRIOR TO SUCH APPRl vA:l0 VERIFZ. ATION SHALL BE MADE BY EACH DEPARTXy,UUIT OR DIVISION THAT THE MODIFICATION IS CONSISTENT WITH THE APPLICATION, FEES ?Mb AND ENVIRONMENTAL DETERMINATION AS CONI')I"T';,ONALLY APPROVED. CHANGES DEEMED TQ BE i, ",.0 TOR OR SIGNIFICANT IN NATURE SHALL REQUIRU A FORMAN APPLICATION FOR AN AMENDMENT. M S VOTE:. 2 Y 3 Y 4 Y 5 Y (Unanimoa.G3ly Carried) SUM 94-11 Public hearing - Rosemary and Melvin Podarke consideration of the Planning Commission's denial of a use permit (negative declaration regarding environmental impacts has been recommended) to allow a horse arena, boarding and training of horses on property zoned A-20 (Agricultural 20 acre parcels) , property located at the end of Alberton Avenue, mouth of Chico River Roads at 10176 Alberton Avenue, identified as AP 039-140-013. Chico. (1610) (HEARING OPENED AND CONTINUED OPEN TO MAY 10, 1994 AT 11:00 A.M6) BOARD OF SUFERVISt�WS MINUTES , APRIL 12, 199 y N R.osor D am-,' Mi l` ;r. S—Ciatka p. apoz�ed Egg ative Declaration r8yarding environmental impacts and Use Permit to allow a horse arena, boarding and training of horses on property zoned A-20 (Agricultural - 20 acre parcels) located at the end of Alberton Avenue, south of Chico River Road, at 10176 Jberton Avenue, identified as AP 039-140-013, Chico. (SAL) The Commission waived the reading of the Staff Report. A video of tha site was shown. Steve Lucas gave a brief summary of the project. Mr.Ludas said the video was taken in January. He said the commercial use of the proper+ is what is in question. The hearing was opened to the public. Commissioner Bergman asked if the horses will be restricted to being ridden on the property? Mr. Bodarke said some people will want to ride Off the property to go to the river. He said access to the river will be over public roads. Commissioner Lynch said one of the problems is people riding on private property that does not belong to the stable. Commissioner Nelson asked about the access to the river? Mr. Bodarke said access would be down Alberton Road to Chico River Road. He said the arena has been built with building permits for an ag. building that is 100' x 210'. He said the arena would be allowed even without the use permit. Commissioner Lynch suggested two additional conditions; 1. Applicant will inform all clients that horses are to be retained entirely on permitted property or public roads and not on other private lands; 2. T: , ippiicant must sign a right -to -farm statement relating to adjacent property and sign a hold harmless agreement with the County relative to continued agricultural activities on surrounding properties including, but not limited to, aerial and ground application of materials: Mr. Bodarke said he would agree to the additional conditions. Chairman Lambert asked about notifying the adjacent property owners when a show is being held? Mr. Bodarke said they would be notified. Y..i. 994: DI TE COUNTY PLMNINd,-OO*US81ON MlNUTts '� FOROARY' 2k' 1 . Mr. Lucas said there is a condition to notify the neighbors when a large shuw is tieing held. Chairman Lambert said she was concerned with traffic for the stable from a public road to a private road. She noted one letter received in opposition and one letter with concerns about the traffic. ' Robert Hart, Alberton Road, said this project will increase the traffic on Alberton Road. He said the road is narrow and portions of the road flood in the winter. He was concerned with the traffic when parents drop off and pick up children. He was concerned with the bridge over Little Chico Creek. He said the bridge was not built for a great amount of traffic. He said the load limit on the bridge is 15 tons. Mr. Lucas said there is room for two cars to pass on this road. Les Heringer said he farms around this property. He discussed farming operations, i.e., tilling, spraying, and planting. He said these farming operations will spook the horses. He said there is the added problem of the bees for the prune orchards which could effect the horses. Ho said there have already been problems with people having, access to Little Chv-,n Creek and this stable could be an added liability. Mr. Bodarke said the horses can not get to Little Chico Creek. He said thestablewould be for show horses and there would be less traffic than associated with a general commercial stable. The hearing was closed. Chairman Lambert said she was opposed to a stable in this area. She said horses do not belong in this area. She said the horses will impact the agricultural operation of the neighbors. She said the stable is a commercial use and not an agricultural use. Commissioner Nelson said there is a nursery in the neighborhood which is a commercial use. He said both uses create traffic. He did not see a problem with a stable being in an agricultural area. Commissioner Bergman asked if the arena was already built? Staff said yes, but noted the arena would be allowed for private Use whether or not this permit is approved. Staff said the question is whether to allow the boarding of other peoples' horses. 4 Sauer ho�lra ; $AN Nd.. t� ssxoN i crrcrrEs Wry aAVOY 24► T. Commissioner Lynch said he was concerned with the concentration of animals and the impacts on the environment. He said a stable would take the land out of agricultural production for a long time. He said horses and crop duster planes do not mix. He asked who would be liable if the horse hurts someone or the horse is hurt? Chairman Lambert said this is not the appropriate place for a stable. She felt that Item 13 on the Environmental Checklist should be changed from "maybe" to "yes". Commissioner Lynch felt Item b regarding police protection should be "maybe" on Page 9 of the Environmental Checklist as well. Chairman Lambert also noted three phone calls she received in opposition to this project. It was moved by Commissioner Lynch, and seconded by Commissioner Nelson, for approval as stated in Staff Report dated January 25, 1994 under A, 8, C, D, E, and F, including conditions 1, 2 8, 5, 6, changing 7 to 9, and 8 to number 11 and changing conditions 4, and adding conditions 7, 8, and 9 as follows: 4; Applicant shall limit the number of vehicles at any proposed activity to no more than 25 per day and provide advance notice to adjacent landowners along Alberton Avenue prior to planning such activities. Such events shall be limited to 4 times per year. 7. Applicant will Inform all clients that'h� -,is are to be retained entirely on permitted property or public roads and not on l it private lands. 8, Applicant must sign a right to farm statement relating to adjacent properties and must sign a hold harmless agreement with the. County relative to continued agricultural activities on surrounding properties including, but not limited to, aerial and ground applications of materials. 9. Applicant shall provide proof of Uniform Building Code compliance to the satisfaction of Building Officials and Planning Manager prior to issuance of Use Permit. Mr. Last noted that. complaints would trigger the permit for modification or revocation. Commissioner Nelson said he wanted the limit on the number of events to keep this from getting out of control. Chairman Lambert said she was opposed to this type of use in the area, BfT TB:.r(�UNTY.:PLANNING GOY4Ir9SI014 HIWTE5 - FEBRUARY 24, 1004 r K AYES: Commissioner Nelson NOES: Commissioners Bergman, Lynch, Ferguson, and Chairman Lambert ABSENT: No one ABSTAINED: No one Mfr. Last stated that if the motion for adoption is denied, the application will be considered denied. U M: rAY1'y"�E COi1NF PLANNING CP jSSxoN MxMgg MBR[TO7t 24 f. 1994 µ PILE NO. 039-140-013 BUTTE COUNTY PLANNING COMMISSION STAFF REPORT - January 25, 1994 APPLICANT: Rosemary & Mel -in Bodarke OWNER: Same REQUEST: A Use Permit to allow for the boarding and training of horses. AP NO. 039-140-013 SIZE: 12.27 acres LOCATION: Located at the end of Alberton Ave. souih of Chico River Rd. at 10176 Alberton Ave., Chico. EXISTING ZONING. A-20 (Agricultural 20 acre minimum) ZONING HISTORY: Zoned A-20 on 9-17-74 by Ordinance 4-1485 SURROUNDING ZONING: A-20 and A-40 SURROUNDING LAND UcE* Agricultural, orchard and residential SITE HISTORY Existing single family dwelling and horse stable with 10 acres of almond orchard; GENERAL PLAN DESIGNATION, Orchard and Field Crops APPLICABLE REGULATIONS. ButteCounty Code Sections 24-35 12 through 24-35.3, 24-43 through 24-52, 24-7; and Board of Super%Asor's discussion item 91-529. COMMENTS RECEIVED_ Butte County Fire/C9F. 'Provide all weather access to barn for a 40,000 pound fire apparatus," Butte County Public Works "The CoUrity maintained road ends at Little Chico Creek." Butte COUnty Environmental Health_ "Provide an approved 'source of potable water," OrOV11.;, W'.'Gdlda BUTTE COUNTY PLANNING C"MMISSION STAFF REPORT - January 25, 1994 Page 2 DISCUSSION: The applicant is requesting approval of a Use Permit to allow for the boarding and training of horses. This project is proposed for a 12.27 acre parcel west of Chico located at 10176 Alberton Ave., Chico. The site presently contains a single family dwelling, equipment sheds, small stable, and a small pasture area/horse exercise area on approximately 2 acres. The remaining 10 acres are planted with producing almond trees The A-20 zoning designation permits the keeping of arni,,.;.Is subject to the animal maintenance requirements of Sectior,s 24-35.1 through 24-35.3. Pursuant to these sections; the size of this parcel, being greater than 5 acres, would allow for the applicant to keep as many horses as humanely possible for personal use. This proposal for 30 horses would result in a gross density of 1 horse per 17,424 sq ft., an area well above the ininimum requirements of the animal maintenance ,guidelines. However, the applicant also desires to operate a boarding and training facility for commercial purposes which will require the issuance of a Conditional Use Permit in accordance with the Board of Supervisor's Discussion Item 91-529, (this item requires that equestrian facilities, arenas, .and stables be regulated by a Conditional Use Permit). ANALYSIS Section 24-47 requires that findings be made that the proposed Use will not impair the integrity and character of the zone and wouldnot be unreasonably incompatible with surrounding land uses. Butte County policy, in accordance with the General Plan, strongly supports the protection of agricultural land in the county. The project is a quasi -agricultural use and although approximately 2 acres of orchard will be removed, the project does allow for the continuation of orchard use on the remainder of the property. The project as proposed by the applicant is of substantially less impact than what is permitted under the current zoning and conditions are i bquired to control the c , "atioh of this facility, to create a best possible project scenario, Additionally, the surroui, mg area is gradually becoming a suburban residential setting and many residential landowners no longer initiate commercial agricultural pursuits. The project is hot visible from any occupied surrounding parcels and has received support from the immediate neighbors. The applicant has expressed no desire to expand tho use of the parcel beyond what is already proposed. ENVIRs�MENTAL DOCUMENTATION: An initial study has been conducted for this 'project in accordance with California Environmental Quality Act and it was determined that the project would have significant; but mitigable impacts. Pour site specific mitigations have been proposed and represent condition's 1 through 5; A mitigated Negative Declaration is "recommended. RECOMMENDATIONS: Staff recommends the Planning Commission approve the request since the proposal is BUTTE COUNTY PLANNING CO-:AMISSIGN STAFF REPORT - January 25, 1994 Page 3 compatible with surrounding properties and assurances have been provided to show that the proposal will not result in a detrimental impact on the health, safety and welfare of neighboring properties. The following actions are recommended: A. Note that and Initial Study has been conducted in compliance with the California Environmental Quality Act and that mitigation measures have been proposed to eliminate, or substantially reduce, potential impacts so that they are no longer significant, and the applicant has agreed to meet all conditions required by the Planning Division and, B. Note that the Planning Commission has independently reviewed, analyzed and considered the Mitigated Negative Declaration prior to making its decision on the project, and find that the Mitigated Negative Declaration reflects the independent judgement of the County of Butte, and C. Adopt a Mitigated Negative Declaration; and Di Find that the proposed use is compatible with the integrity and character of the A-20 zone and the. General Plan designation of Orchard and field Crops; and E. Find that the project, as conditioned, will not result in a detrimental impact to the general health, safety and welfare of neighboring properties, and F, Approve the Use Permit to allow for the construction of a barn, stables, and covered arena for the boarding and training of horses as indicated on site plan of AP# 089- 140-013 (Bodarke) subject to the following conditions; 1. Applicant shall maintain a contract with a disposal company for the removal of manure a minimum of twice a month. Additionally, collection and storage of manure shall be administered to weekly with the applicant maintaining a covered compost facility. Applicant shall comply with the conditions imposed by the Environmental Health Department that the facility be maintained in a.clean and sanitary manner: 2, Require a 50 foot ho4sturbance setback from the top bank or outer edge of e riparian Vegetation, gpalong drainage anal that represents the southern boundary of the parcel and UtlleChco Creek which borders the northern boundary of the parcel. No structures, dumping, fill material, or excavation shall be allowed in the ho-oditturbance setback, Vegetation removal shall be limited to that necessary for flood control and normal orchard operations: All native trees, in a living condition shall be retaihed. All vegetation removal shall be approved by the Department of Fish & Game prior to removal r� BUTTE CO�'iN' Y PLANNING COMMISSION STAFF REPORT - January 25, 1994 Page 4 3. The operation of horse shows and training sessions will be ('=ducted during the hours of 8:OOarn and B OOpm and shall be limited to the attendance of 25 or fewer participants. The use of any voice amplification systems shall be limited to the arena area and shall not exceed 65 db at any adjoining property line. 4. Applicant shall limit the number of vehicles at any proposed activity to no more than 25 per day and provide advance notice to adjacent landowners along Alberton Avenue prior to planning such activities. S. The applicant shall pay the currently required fee ($200.00) into the Battalion 4 Butte County Water Tender Fund and provide all weather access to the barn for a 40;000 pound fire apparatus. 6. Building permit fees and any current, or new, impact fees are to be paid at the fes level in place at the time of the application for the building parmit. 7. Applicant must also comply with all Other applicable State and local statutes, ordinances and regulations. 8. Minor changes may be approved administratively by the Director of Developm nt Services or designee upon receipt of a substantiated written reouest by ,ire applicant. Prior to such approval, verification shall be made by each Departm -1A or Division that the modification is consistent with the application, f,:'3s paid and environmental determination as conditionally approved. Change -, d )emed to blo major or significant in nature shall require a formal appe� cation fo; aw amendment. SALsal Attachments to Comm ssion and Cities; Environmental Documents Site Plan Location M4: ) February 8, 1994 Mr. Barry K. Hogan, Planning Manager Butte County Planning Commission County Administration Center 25 County Center Drive Oroville, CA 95965 Dear Mr. Hogan, I am responding to the notice I received regarding the use permit for parcel #39-140-013. This use permit is for a horse arena, boarding stalls and a graining area on a 20 acre parcel west of Chico. The first tim(, we knew this was happening L,;; a block that was formerly in alriond,s, was when we saw the horse arena being erected. The M&T Ranch farms a substantial acreage on the acreage adjoining this development to the south and west. Only 100 feet to the south we have a large prune operationand less than a half mile away is our rice growing areas. There are always times throughout the year when we are doing crop spraying, either by aircraft or by a ground sprayers Both operations can spook horses and cause potential injuries to animals and people: In addition to the spraying, our farming operations invo`ive 'ether large equipment practices, all of whie.h can be very dusty, noisy,and potentially hazardous to a horse boarding; training and show facility. The County has to assume some liability for allowing this type of activity in an intensive farming area. I am writing my objections because I will not be able to attend your February 24th planning commission meeting; dealing with this subject, Sincerely, nger Manager cc; Supervisor Fd McLaughlin �•y Supervisor Mary Ann Houx Supervisor Oane Dolan 4� Planning Dbodriment FEB 10 1994 droVi�, L�w,jilornla r�' f r ' APPLICATION FOR USE PERMIT CUT7Z CC"e. PLANNING :QMill$S GSI APPLICANT: Read and follow instructions as set forth on attached shnat: J U - Appl1ctmt's name �� OSS I`� l Y b /"<�� ://%rE' / Phone No. l�I e "c -?19 -R 7(? Applicant's mailing address l�/ %�a %�� �J Ty fir= Applicant's Interest In property (Owner, lessee, other) oco N'% - Owner's name and address _ 514 �4 1` 6 5 A 13,> Contact person for project (if other than applicant) Ll 6,- R 0ti l�/Q/ !� AJ 0c9�/Zjyt� Assessor's parcel number(s)_ Present zoning. °Zy Location and size of parcel(s) . _ LO/ ' �-ro / A uw Street address l V / 7(o r Q 0 egk Directions for travel to property (rural and mountainous areas only):. Description of proposed development anis use. 15tt-/ 4 32 ✓f 2421eS6- 3912 tJ A N1 ✓ e':WA f'.'.4 ,,njr /tl C -r t�lC % 12 5z..5 C7�L bescrlptiot. *+ting land use � !)! C _ / R C /? L M6A - Proposed scheduling/associated projects Anticlpated incremental development AJ - Building construction (state dimensions, square footage and materials used) a. Existing buildings b. Proposed 131jildings Hazardous materials to be used (Inflammables, explosives or strong cheinicals),__ W ilk ' Daily hours ofoperation., ',e !o FFM -- - % �'L) PM Number of employees Number of off-street parking spaces provided Exlstlhg/proposed sewage disposal method: 51=,�4`rC: 126U& h.)okyrh► 041-1-1,Y /Se4>S4e- Proximity of power and phone lines; P rte% F. M ? �' Distance to natural Water course or Storni draln; Anticipated on and off-site drainage Improve nentst / •`F N YK,S � � A, Water sources„- h6- wFl i '�roxil imlty of water for fire fighting purposes (hydrants, ponds, etc,) lit_, r 14 'a �z tel i r r_ i N. A e IJ Will excavation or grading be n„cessary7 Cubic yards (ostimate)s. 1\/ ,�r-:- - List and describe any other related permite and 'other publicapprovals required for this proJs'oti Inclutling those raryulre8 by city, regional, State W Redbial tgdntriea;, ;u1 IF RESIDENTIAL, Include the number of units, whether units are single or multl-story 1n height, schedule of unit sizes, and type of household size expected: Ill IF COMMERCIAL, Indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities, p;/ A IF INDUSTRIAL., Indicate type, estimated employment per shift, and loading facilities. i') A IF INSTITUTIOidAL, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities,, and community benefits to be derived from the project.. A/ ._I ENVIROI .t,aNTAL IMPACTS UD MITIGATION MEASUIIES* _ Identify potentially significant environmental Impacts associated with the use permit. What project design features .r special U„ conditions of approval (mitigation measures) are 'proposed to alleviate potential environmental Impacts? r M�vAt- or= ryAA)rt-,2r w11, 1- de �PunOr ey 2C ENVIRONMENTAL SETTING* 4 Describe the project site as it exists before the project, Including information on topography, sell stability, plants and and C] mals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. .J t�jLG N'rtiZP-rC� a D"ascribe the surroundinCii }�g propertles, Including information on plants and animals and any cultural, historical or scenic aspects. CL indicate the type of land use (residential, commercial, etc.) Intensity of land use (single-family, apartments, shops, depart - Kc meat stores, etc,), and scale of development (height, frontage, setback, rear yard, etc,), * Use separate sheet for longer responLos. I hereby declare under penalty Of perjury that I have read and understand the instructions and that the foregoing statements are true, complete and correct to the best of my knowledge and bel lei. l � Date _ tr �� Applicant`s signature cv=- UraC''In Date`.��-9'� Property owner's signature l" Use Permit Number_ J Z C) Bequest: Use permit to allow. Location and size of parcel(s)_ W H VEltl FY, ti/r - A.P. Number(g) ' Project Description +�' Ownership Zoning and laequirements " Proof of Agency (It needed) + LocAlah Description jeCoplos of Plot Puri LU LL Dato Recelved �1 `� 1`�"� $ e � �J S"._ Mace lot Number . _ . W 0 - Appllcwtlon taken byu- INSTRUCT19S TO USE PERMIT APPLICANT L. if applicant is not the owner, written authorization by tike owner or other proof of agency must be submitted In order for the applicant to legally sign the application. Application -shall he considered void if not signed by the owner or legal agent, 2 All items on application shall be filled in as completely as possible. If an item is not appli- cable, please indiente by the term "NA". 3. It is important that the applicant supply an accurate description of the location of the proposed project, includingthefollowingt a.. Assessor's parcel number(s) (from the tax bills or Assessor's maps). b. Street addresses (if available). o. Distances and directions to named streets, bodies of water or railroads, =t, 1"ii'copies of a detailed plot plan of adequate settle to clearly s,hoty proposed build- ings and improvements, folded to Wi x 11 inches, shall accompany and be made purt of the "Application for Use Permit". if the use pertnit is approved, the plot plan becomes the ap- proved development, plan for the pPope My. `Che plot plan shall include the following informations a. A scaled drawing of the parcol(s) boundaries. It. Location and dimensions of till existing and proposed improvements on tike property, including buildings, driveways, parking areas, wells, septic tanks and leach fields. c. Location and name of bordering streets, access roads, nearby crossroads, streams, bodies of water and railroads. d. North arrow and scale of drawing. 5. The "Application for Use Permit" is subject to public hearings and approval by tile Planning Commission. Any special conditions of approval shall be made a part of the approved "Use Prrndt." and shall be binning on the applicant. The procedures 'for County action on use per- mil applicatiolt-s are stated in ()hapten 24 of the butte County Code. 6. The Plnnnii�g Commission, on ilia basis of the evidencesubmittedat lhepubliu hearing,may grant use permits witen it finds that the proposed uses of the property will not impair the integrity and character of the Zone in which the land lios and that tilt. use would not be unt reasonably inconlpatblc with or injurious to surrounding properties nor detrimental to fit health and general welfare of the persons residing or working in the neighborhood not to the general, health, safely and welfare of the county, 7. In w1proving it use permit, the Planning Conimissign may include such conditions as are der ' reasonable and necessary under the circunhstances to preserve the integrity and charautel• of file Zone and to secure the genernl purposes of the Butte County General Plan and Chapter 24., of the Butte County Code, Such eond'Miths may include, but are not limited for time Iimitutions, devfelopment pine approval, hours of operation, fencing, dedleation of riilrt.-of-way, And street and drainage unprovements, Conditions imposed upon issuance of a use permit must be reasonably related to tine use for which the pormit is requested, �U 8. Application frties as of Zyz' g3 (date) are g. k?" � hoes niny be pold in cash or by check mndc payable to "`i'reasuror of Butte County". 9, Before submitting n use per111it application, applicant Is requested to discuss with staff all gttostions about application requirnnlents, County proerdures, Toning provisions and lhossible conditions of approval. ~ L: 039 140 001 000 STAT I US: ACTIVE « MENDONCA JOHN &EVELYNQP ° ) 3685 CHICO RIVER ROAD ( ` ' CHICO CA 95928 ~ L: 039 140 001 000 STAT I US: ACTIVE « MENDONCA JOHN &EVELYNQP ° . 3685 CHICO RIVER ROAD ( ` ' CHICO CA 95928 'l | L: 039 140 016000 STATUS: ACTIVE MENDONCA MELUIN J ACT,,VE 4398 CHICO RIVER RD � CHICO CA 95988 Lx 039 140 017 000 STATUS' ACTIVE ENBONCA JOSEPH S JR RANCH TRUST MENDONCA SHARON TRUSTEE ' HICKS CHARLES O & BARBARA M OP 8219 N 34TH AVE - 1702 CROUCH AVE PHOENIX AZ 85051 ' CHICO CA 95928 " L- 1-339 140 008 000 STATUS, ACTIVE - M688 GILgERT J &NORLANE N 3T MENDONOA JOSEPH S 5R & ELSIE REV TRUST / � MFNDONCA JOSEPH G SR & EL81E TRUSTEES 8561 CHICO RIVER RD x 108q0 ALBERToN AVE CHICO CA 95928 ^` CHICO CA 95926 L: 089 140 025 000 STnTUSi L/ 039 140 004 000, STATUS' ACTIVE AARP ROBERT D C/O FERGUSON TERESA 0856 ALBERTON 18110 H8SLER AVENUE CHICO CA 95988 CHICO CA 95926 L: 034 140 006 000 STATUS: ACTIVE TOBUREN RONALD W ETAL JT SMITH DALLAS J & CARDLYN G CP J0286 ALBERTONA0ENUG 10225 ALBLRTON AVE CHICO CA 95928 CHICO CA 95928 ^ .` . L: 06v 140 021m00 'STA,rdS:'A6TzVL . ' MIGUB_ JOSEPH sTAL TC ( ` ' 10314 &LBERTON AVENUE 'l | CHICO CA 95928 r L: 039 140 023 000 B, ACT,,VE DALKE JAMES C & MARIANNE Go � 10282 8LBERTON AVE CHICO CA 95928 o L: 089 140 007 000 STATUS: ACTIVE | ' HICKS CHARLES O & BARBARA M OP . | - 1702 CROUCH AVE ' CHICO CA 95928 L: 089 140'024 0ri0_TAT' S � ACTIVE | MENDONOA JOSEPH S 5R & ELSIE REV TRUST / � MFNDONCA JOSEPH G SR & EL81E TRUSTEES 8561 CHICO RIVER RD CHICO CA 95928 � L: 089 140 025 000 STnTUSi ACTIVE MENDONCA RAYMOND C/O FERGUSON TERESA 18110 H8SLER AVENUE CHICO CA 95926 � L� 039 140 014 01-40 STATUSI ACTIVE � SMITH DALLAS J & CARDLYN G CP 10225 ALBLRTON AVE CHICO CA 95928 L/ 039 140 02 000 STATUS: ACTIVE PATEL ARVlND D ETAL JT t0178 ALSERTON AVE CHICO CA 95923 � Li 089 140, 018 000 STATUS! ACTIVE 80DARKE NELVIN & ROSEMARY C 10176 ALBEIRTON AVENUlt CHICO CA 95y8B L| WO9 530 003 000 STATUS: ACTIVE MTC CHICO RANCH INC C/O M at T INCORPORATED 869 PINE STREET GAN FRAN0I800 CA 94104 ^ .` a APPENDIX G NEGATIVE DECLARATIONREGARDING ENVIRONMENTAL IMPACT 1. NOTICE IS HEREBY GIVEN that the project described below has been reviewed pursuant to the provisions of the California Environmental Quality Act of 1970 (Public Resources Code 21100, et. seq.) and a determination has been made that it will not have a significant effect upon the environment. Assessor's Parcel No. 039-140-013 2, DESCRIPTION OF PROJECT: Use Permit to allow a horse arena, boarding and training of horses on property zoned A-20. 3. LOCATION OF PROJECT: Located at the end of Alberton Avenue, south of Chico River Road, at 10176 Alberton Avenue, Chico, CA; 4. NAME AND ADDRESS OF PROJECT APPLICANT; Melvin and Rosemary Bodarke 10176 Alberton Avenue Chico, CA 95928 MITIGATION MEASURES: See attached Exhibit "A' 6, A cppy of 1,hzI Initial Study regarding the environmental effect of this project is on file at 7 County Center Drive, Oroviile,_ CA. This study was; —X Adopted as t:rosented. Adopted with changes. Specific modification°+, a,4�" supporting reasons are attached, 7, A public hearing on this Negative Declaration was held by the decision making t:.Ay. Nearing Body: Butte County Board of Supervisors Date May 10; 1994 Determination; On the basis of the Initial Study of environmental impact, the Information ptesented at hearings, comments received on the proposal, and our own knowledge and independent research; We find the proposed project COULD NOT have a significant effect on the environment, and e NEGATIVE DECLARATION is hereby adopted, We find that the project COULD have a significant effect on the environment, but will not In this case because of attached mitigation measures described in Item 5 above, which are by this reference made conditions of project approval. A co�nddkknall NEGATIVE DECLARATION is hereby adopted, Signature Ed Mc ghlin Chairman, Butte Count .Boatd of Superylsors Title NAY 1, 0 1994 ...... ...._._.............. Date SENPER' 1 also wish to receive,th_ o �!y Complete items 1 andfor 2 for additional so -vices. fcllOWin GBrV1Ges ffdC On N at • complota items 3, and 4a & b. g o Y+ • print wo name and address on the reverse of this form sc that'wo can for,), { return'this'cerd to you. Lo,) Attach this totm to the front of the mahpi000, or an the bock if speed 1. Addressee's Address y w doss not permit. n }0 • Wtito"Return fibtelptRequobted"onthelnallpfaceWowtheartiraanumber, 2 Q Restricted DellVoty • • rife Return Rocalptwlll show to whom the article was dolivored qm� the date C! dolhvorod. GonsUit ostmasto( for fee. ) ,cc ,d 3. Article A'ddr%sad 'to: 4>3. Article Numt�er it w (� 4LY (0 D 3, �1 } ✓i f y �4ii. Service Typo ��. ac v l rd f 1 I 'er4.0 r"7 / llG' C1 Registered . U Insured Certifled COD Express Mall ? retutn Aecolpk for a i j'I i (.wo ( MatchandiseCC L. t v 7, pate f Geily ry �"r,.- Addressae'0 Address (Only if equested G 6, ignature lAddressee) and faaAt$ pa1d1 f cc 6 Sfgnuturo (Agent) ` rax—azaaoz DOMESTIC RE: i1tiN RE T o .- iaai'T. � P5 Form 3811, Deoember 1951 *U,f3.oPoit .4 U0!!>, D STATES POSTAL SERVICE . g L;�� ark PE q�0PP-PAVAT6Offictot BusinessE. USEDkPAYMIF I1GE P l Print your rtamo,_address qnd ZIP Code hero COUNTY OF BuTrEPLANNING DIVISION r l 7 C"umly tikintt sr Dr VB ; I oravipo, OA v0s-33J7 ] 3 mo- - DJC _ n Count -y _ - LAND OF NATURAL WEALTH AND 8EA6'TY w _ PLANNING DIVISION DEPARTMENT OF DEVELOPMENTSERVICES 7 COUNTY CENTER DRIVE OROVILLG, CALIFORNIA 95966.3397 TELEPHONE: (916) 535-7601 FAX: (916) 639-7795 September 12, 1994 Melvin & Rosemary Bodarke 10176 Alberton Avenue Chico, CA 95928 Re Use Permit, APNo. 039-140-013 Dear Mr, and Mrs. Bodarkei Please find enclosed a cod v of the Hold Harmless Agreement; Should you have any questions regarding this matter, please contact Stephen Lucas of this office between 8:00 a.m. and 4:00 p.m. Monday through 'Thursday. Sincerely, Gi�t.0 Z>c : vnca Barbra Duncan Office Assistant III Enclosure w 1 P b ,Stale Lnd ZIP Co 0 Postage S Cortdle I Fee I y. Restricted Delivery Fee Return Rec01p1 showit to Mom and pale paDvPred Retum Receipt t;howmq 10 whom, Date. and Addres of Delivery TOTAL Poslag-ind fees S Postmatk or Date ! c1 P 084 6A5 28.0 RECEIPT FOR CERTIFIED MOP no couirnar. NOVIOU) NOtE011JNTE�kyNATIONA! MALI �.�E3B fit?V�rrii�) ni Y; C 12 Street :.!rid NO 1_ _ Ve. P b ,Stale Lnd ZIP Co 0 Postage S Cortdle I Fee Special Delivery Fee s Restricted Delivery Fee Return Rec01p1 showit to Mom and pale paDvPred Retum Receipt t;howmq 10 whom, Date. and Addres of Delivery TOTAL Poslag-ind fees S Postmatk or Date August 30, 1994 Melvin and Rosemary Bodarkd 10176 Alberton Avenue Chico, CA 96928 CERTIFIED MAIL Re Use Permit, AP 039-140-013 Dear Mr. and Mrs. Bodarke: Enclosed is your validated Use Permit No. 94-14 to allow a horse arena, boarding and training of horses on property zoned A-20, located at the end of Alberton Avenue, south. of Chico River Road, at 10176 Alberton Avenue, Chico, CA. Should you have any questions regarding this matter, please contact Stephen Lucas of this office between 8:00 a.m. and 4:00 p.m., Monday through Thursday. Very truly yours, Enclosure C014 Building Division Land Development Division Environmental hleaith Department of Forestry nil ssee d�rryy t e Irou �.. L4 b� LAN rr NATUgAL WEALTH AND 8EAUTr` ` PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OPOVILL6, CALIFORNIA 95665.3397 TELEPHONE: (916) 538-7601 FAX; (9161636-7786 Melvin and Rosemary Bodarkd 10176 Alberton Avenue Chico, CA 96928 CERTIFIED MAIL Re Use Permit, AP 039-140-013 Dear Mr. and Mrs. Bodarke: Enclosed is your validated Use Permit No. 94-14 to allow a horse arena, boarding and training of horses on property zoned A-20, located at the end of Alberton Avenue, south. of Chico River Road, at 10176 Alberton Avenue, Chico, CA. Should you have any questions regarding this matter, please contact Stephen Lucas of this office between 8:00 a.m. and 4:00 p.m., Monday through Thursday. Very truly yours, Enclosure C014 Building Division Land Development Division Environmental hleaith Department of Forestry USE PERMIT )BUTTE COUNTY PLANNING COMMISSION August 30, 1994 (DATE: (Certified Mail Rec.) X0,14 PERMIT NO. 039-144-013 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Melvin and Rosemary Bodarke are hereby granted a Use Permit in accordance with application filed: November 29, 1993 to allow a horse arena, boarding and training of horses on property zoned A-20 (Agricultural 20 acre parcels), property located at the end of Alberton Avenue, snuth of Chico River Road, at 10176 Alberton Avenue, Chico, CA. 1. Failure to comply with the ce:aditons specified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-62. 2. Unless otherwise provided for in a special condition to this Use Permit, all conditions must be completed 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 and a new permit shall be required to establish the use: 4. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors; and assigns of the Permittee. SPECIAL CONDITIONS I. Applicant 'shall maintain a contract with a disposal company for the removal, of manure a minimum of twice a month. Additionally, collection and storage of manure shall be administered to weekly with the applicant maintaining a covered compost facility. Applicant shall comply, with the conditions imposed by the Environmental Health Department that the facility be maintained in a clean and sanitary manner, 2. Require a 50 foot no disturbance setback from the top bank or outer edge of g "; riparian vegetation, wnicnever s greater, aloLig the 11 ainage :=a: that r�preszn: , Q southern boundary of the parrwl and )Little Chico Creek which borders the northern boundary of the parcel. No structures, dumping, fill material, or excavation shall be a:lowed in the no disturbance setback. Vegetation removal shall be limited to that necessary for flood control and normal orchard operations. All native trees, in a E ing condition shall be retained. All vegetation removal shall be approved by the Department of Fish .and Game prior to removal. 3. Trees shall be planted between the covered riding arena and the south property line of the project site for the purpose of se;Ning as a windbreak and a screen to attenuate noise, dust and drift of agricultural sprays. Such trees shall be planted at intervals of five feet as necessary to augment the existing tree line. The trees to be planted shall be fast growing trees of a type suitable for the intended purpose and of not less than five gallon size. The trees shall be watered, fertilized and otherwise maintained in a manner to encourage their growth and maintain their vigor. 4. The almond orchard on the project site shall be maintained in accordance with good agricultural practices in order to minimize the harborage of pests and diseases potentially harmful to neighboring agricultural activities. If the orchard is not so maintained; it shall be removed by the applicant. 5. The operation of organized events and training sessions will be conducted during the hours of 8:00 a.m. and 10 p,m. and shall be limited to 25 vehicles at any proposed activity per day except that events conducted pure cant to condition 6 are to be concluded before 8:00 pm. 6. Applicant shall limit the number of organized events to four (4) a year. This limitation does not apply to the daily training of horses. 7. The use of any -voice amplification systems shall be limited to the arena area and. shall not exceed 80 db at any adjoining property line. gig. The applicant will send written notice to each residence and owner cf a parcel of real property within a distance of 350 feet from the boundaries of the project site and/or fronting on Alberton Road not leas than 14 days prior to holding of organized events oi; the project site. 9 The applicant will avoid holding organized events at times when agricultural spraying applications are; :being conducted on adjacent parcels, provided that the owner or representative of adjacent properties has given 14 days advance notice that such spraying is to be done. 10. No more than 25 horses shall be boarded on site at any one time, unless an application for modification of this permit is made to the Planning Commission and granted following a public hearing. 11. For tine purposes of on-site training, no more than five additional horses shall be trarsported daRy,-to and from tde site unless an application for modification of this permit is made to the Planning Commission and granted following a public hearing. 12. Horse riding activities shall remain on the project site and signs will be posted in conspicuous locations in the stable Notifying riders they will not be permitted to ride onto adjacent properties or onto Alberton Road. It is understood that horses may be transported from the project site for riding and competitive events to be held elsewhere off-site. 13. Applicant shall sign a right -to -farm statement benefiting adjacent properties including, but not limited to, M & T Ranch and its successors and assigns, and additionally the applicant agrees to execute a hold harmless agreement with Butte County relative to continued agricultural activities on surrounding properties, including, but not limited to, aerial and ground applications of agricultural materials necessary for the production of agricultural commodities and products. 14. Applicant agrees to sign the agreement in substantially its present form, as presented by M & T Ranch and meet all conditions stipulated therein. 15. The applicant shall pay the currently required fee ($200) into the Battalion 4 Butte CountyWater Tender Fund and provide all weather access to the barn for a 4 000 pound fire apparatus. 16. Building permit fees and any current, or new, impact fees are to be paid at the fee level in place at the time of the application for the building permit. 17, Applicant shall also comply with all other applicable state and local statutes, ordinances and regulations. 18, Minor changes may be approved administratively by the Director of Development Services or Designee upon receipt of a substantiated written request by the applicant. Prior to such approval, verification shall be made by each department or divisioi-that the modification is consistent with the application, fees paid and environmental determ ,ziation as conditionally approved. Changes deemed to be major or significant in nature shall require a formta application for an amendment, I hereby declare under penalty lsarjury that I have read the foregoing conditions, that they are in fact the condition; whi ,a were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. _70 y Dated.' Applicant NOTE: Issuance of this Use Permit does not waive requirement ui ob-#u ing Building -and Health Department permits before starting construction, nor does it ;vaive any other requirements. Butte County Planning Commission Chairman cc Land Developr- at Division Building Division Health Departzant Department of Forestry 'Plow�'RECOR-T>TNG REQUESTED B7)AND WH2N RECORDED MAIL TO: 95-0117441 Rec Fee of SuPervisors .00Clerk/Board Recorded Iif 25 County Centet Drive :Eficial Records I6 .0rovil e, 95965 County of IButte -CA ICandace J. Grubbe IRecorder IAGREEMENT COUNTY OF BUTTE/BRIAN, MELVIN AND ROSEMARY BODA�KEDocument Title(s)DOCUMNTARY TRANSFER TAX: 8Computed on the consideration ofproperty conveyed: ORComputed on the considerationor value less liens orencumbrances remaining at timeOf saleUnincorporattd areaSignature of Declarunt or AgentDetermining Tax , Firm Name 0 Mail Tax Statements too. THIS PA08 ADDED TO PROVIDE ADEQUATE SPACE POR RECORDING ONtddordihS fee applies) � ' ' . After recording, please return: 9 54 CLERK, BOARD OF 01"� 3ORS 25 County Center Dr.Lve,Oroville, CA 95965 AGREEMENT THIS AGREEMENT, made and entered into this'll day of A)) , 1994, by and between COUNTY OF BUTTE, a political subdivision of the State of California (hereinafter referred tc as "COUNTY"'), and BRIAN BODARKE, MELVIN BODARKE AND ROSEMARY BODARKE, (hereinafter collectively referred to as "APPLICANT"); WITNESSETH• WHEREAS, in consideration of the COUNTY.'s approval of a Use Permit to allow the boarding and training of horses on that certain property identified as AP # 039-140-013 and the related CEQA approvals pertaining thereto, ("the Project"), the APPLICANT desires to indemnify the COUNTY from liability or loss connected. with the Project and to comply with condition 13 of the Project approval. NOW, THEREFORE, IT IS MUTUALLY AGREED between COUNTY and APPLICANT as follows: i. Richt to Farm;_ The APPLICANT hereby acknowledges that the owners; lessees or other occupants of, adjacent properties have the right to continue farming said properties in accordance with normal and customary operating practices in the Sacramento Valley. APPLICANT further acknowledges the existence, reading and understanding of California Civil Code Sections 3482.5 and 3482.60 copies of which are attached hereto, labeled Exhibit "B' and Exhibit 11C111 and made a part hereof. z. Indemnification. The APPLICANT shall defend, indemnify and hold harmless the COUNTY and its agents, officers and employees from any claim, action, or proceeding against the COUNTY or its agents, officers or employees, resulting from the processing or 1 2 3 4 5 6 7 8 9 10 11 12 13' 14 18 15 20 21 22 23 24. 25 26 2 8 II 44' w approval of the Project, or relating to or arising out of continued agricultural activities cn surrounding properties, including, but not limited to, aerial and ground applications of agricultural materials necessary for the production of agricultural commodities and products To the extent that COUNTY uses any of its resources responding to such claim,, action, or proceeding, APPLICANT will reimburse COUNTY upon demand. Such resources include, but are not limited to, staff time, court costs, County Counsel Is time at their regular rate as determined by the County Auditor, or any other direct or indirect cost associated with responding to the claim, action, or proceedings. The APPLICANT'S obligations under this agreement shall apply regardless of whether any other permits, entitlements, or approvals are issued or granted. 3. Notice of Claims Cooperation. The COUNTY will promptly notify APPLICANT of any ouch claim, action, or proceeding. if the COUNTY should fail to so notify APPLICANT and cooperate fully in the defense of such claim, action or proceeding„ the APPLICANT shall not thereafter be responsible to defend, indemnify and hold harmless the COUNTY or its agents, officers and employees pursuant to this Agreement. A. Participation b;efense_. The COUNTY maty, within its unlimited discretion, participate in the defense of any such claim, action, or proceeding, so ?.ong as the COUNTY is proceeding in good faith. 5. Approval of Settlement. All notices to APPLICANT under this Agreement shall be deemed valid and effective five (5) 95- 1 6 744 f.�. 1cal-radar "days following deposit in the United Skates mail Y g p , postage 2 prepaid, by certified and/or registered mail, addressed to: 3 Melvin and Rosemary Bodarke 4 10176 Alberton Avenue 5 Chico, CA 95928 6 All notices to COUNTY under this Agreement shall be deemed I valid and effective when personally served upon the Director of 8 Development Services Department or five (5) calendar day following 9 deposit in the United States mail, postage prepaid, by certified 10 and/or registered mail, addressed to: 11 Director, Development Services Department 12 7 county Center Drive 13 Oroville, CA 95965. 14 6. Agreement _.... Is Comblete This Agreement 15 represents the complete understanding between the parties with 16 respect to matters set forth herein, 17 IN WITNESS WHEREOF, the parties hereto have duly caused this 18 Agreement to be executed on the date hereinabove first 'wl: tten. 19 20 APPLICANT COUNTY OF BUTTE 21 B By 22 Melvin Bodarke Chair, Buttegou"tyAAV-P 1994 23 Board of Supervisors nCQUNTSCti 24Ro .5 ke 26 / APPROVED AS TO FORM: BY Office of County counsel w- 26 Brian Bodarke By_Z27 /-( j 2 8 WP5ZC0NTRAC'h1NDPMNrN,C0N � f 7 9 S I I l 4 4� All -Purpose Acknowledgment State of Califomia ) County of R 11 t= lr P) on July 27. 1994.,beforeme_. Elizabeth A Ridley Notary Public, personally appeared _Melvin _Bodarke and Rosemary Bodarke and Brian Bodarke personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)'Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/herAheir authorized capacity(les), and that by his/her/their signature(s) on the Instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument: WITNESS my hand and official seal; ,.�:. OFFICIAL NOTARY sEAL ELIZABETH A. RiDLEY �4 m Notary Public — Caliia►rile BUTTE COUNTY Comm F.xpiroa OCT 14.1994 Signature seal'r Optional Notary use only. Cortifioate attached to the documontoh Name of Document A g r t e m e ti t Dato of Document 7"17-9A Numbor of Pagos - - Capacity of Signer Individual [] Guardiarvconsarvator [] Aftomoy In Fact ❑ Co"tato - ❑ Other -- E Ooneral Partner(s) ❑ Limped Partnor(s) Offlcor ntlaa Noma of person(s) or enilty(los) being represented l 'DA 192 0494 2 A\ CAbFQRN1A ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of BUTTE 9 5 - I r �j!`T Nn5Bn7 December 1 1994 Carol Roach, Notary PLblic On _ before me, , DATE NAME, TITLE OF OFFICER - E.G., 'JANE DOE, 1401 A" IV PUBLIC' personally appeared Ed McLaughlin NAME(S) OF SIGNERS) j�► personally known to me - OR Q Wa"d•#e-rr (s o to be the person,�wf whose name R) is/ar& subscribed to the within instrument and ac- knowledged to me that he/sloe/tbay executed the same in his/ /* r authorized capacity(f@6), and that by his/kir%t"ir signatureje on the instr, .,ant the persorl,(p� or the entity upon behalf of wHch the person*) acted, executed the instrument. WITNESS my hand and official seal. oMieyCAROLROACH COMM, # 968956 z C Notary Public - Coll(otnia BUTTE COUNTY NATUREOp 7AR Comm, Expires AUG 7, 1996 - OPTIONAL Though the data below Is not required by law, It may prove valuable to persons relying on the docurietht and Could prevent fraudulent reattachment of this form, CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL CORPORATE OFFICER TITLE(s) ❑ PARTNER(S) ❑ LIMITEb GENERAL 0 ATTORNEY -IN -EAC`' TRUSTEE(S) GUARDIAN/CONSERVATOR © OTHER; Public thtity,, SIGNI=R IS REPRESENTING: NAME OF PERSON(s) ON ENTITY(iEs) County..of Butte DESCRIPTION OF ATTAUHED DOCUMENT Agreement re Use Permit, AP039-14 TITLE OR TYPE Or oocUMENT 5 NUMBER OF PAGES June 17; 1994 DATE OF bOtUMENT Melvin Bodarlce Rodematy Bodarke Btian Bodarke SIGNER(S) OTHER PIAN NAMED AbOVa mi 993 NATIONAL NOTARY AtsoclATION b ag6d hemmet Ave., P.U. Pox 11 s4 : Cerlaga Park, CA 91305-7184 13 the tallowinj described reel property In thr city of Chico CaunW of but to . S161e of Gltfornis: A portion of Lat, 12 of that certain Subdivision of lends n,mde designated as "Albexton", accord by E. F. Reynolds, known and ing to that certain Map "F,. .. �.nti tled, •t d Map of the s Atlbertoorn'Traa t, orReynolds First « Subdivision", wi►ich Map was recorded in the otf ice of County Bute, 1 of State of California Nov m�bc�r Z9, 1895 in Book 1 Of Maps, at page. 31, rx�re particularly described as follows: - From a yranit,a monunont at the Southeast corner of said Lot 12 run along t1,e South line Of said Loot 12, North 860 30' West 455.4 feet; thence, South 88° oo' West 358.3 feet to the point of beginning for this description; thence, continuing along the South line of said Lot 1.- south 88° 00' West 97.2 feet; thence, South 72" 45' West 293.7 feet; thence, North 896 ,,5' West 116,0 feet; thenoe, leaving the South line of said Lot 12, North 3° 53' East 1000.76 feet, more or less to the North line of Lot '12 in the center of Little Chdoo Creek; thence, along the North line of Lot 12 and the center of Little Chico Creek, North 546 00' East 38.12 feet; thence, North 670 15' East 511,48 feet to the Northwest corner of the parcel of land conveyed by C. A. Hook to J. S. McLain by [)sad dated Septonber 13, 1913 and recorded September 16, 1913 in Liber 145 of Deeds, at page 421, Butte County Records; thence, along the West line of said parcel of land South 3" 53' West 1132.5 feet to, the point of beginning, EXC T-Xl y :'itEREFX*j that; interest conveyed to the County of Butte C. A. Book recorded Deeernber 14, 1974 in Book 142 of Deeds at by Deed executed by r.nunty, and more Particularly described air follcWss Page 489, records of Butte A Strip of land 60 feet wide being an, extension of that certain Avenue in the Atherton Tract that lies between Lots 10 and 11, 8 and 9, 5 and 1, 2 and 3 as shown on the Official MaV ot` the said Alberton Tract on file 4n the Office of the County Recorder COAmty. Butte of Said extension to begin at the amuther•ly end of the said Avenue and extend Southerly 40 feet, and the two outside liiws to be extensions of the lines, of the Present Avenue the Southerly end of the herein described Tract to be at 'right angles to the centerline of the said Avenue. EXHIBIT "Alr 1 3482,5. Agricultural activity not a nuisance; exceptions construction with other laws (a) (1) No agricultural activity, opi ttZtfori, or facilit;, or appurtenances thereof, conducted or main- tained for commercial purposes, and in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality, shall, be or become a nuisance, private or public, due to any changed condition in or about the locality, after it has been In operation for more than three years if it was not a nuisance at the time it began. (2) No activity of a district agricultural association that is operated in compliance with Division 3 , (commencing with Sectior, 3001) of the Food and,kgriicultural Code, shall lu or become a private or public nuisance due to any changed condition in or abtut the locality, after it has been in operation for tnnme than three ,gars if it was not a nuisance at the time it began. This paragraph shaU not apply to any activities of the 52nd District Agricultural Association that ars conducted on the grounds of the California Exposition and State Fair, nor to any public nu{.9i nce action brsught by a city, county, or city and county alleginc ghat the activities, operations, or conditkis of a district agricultural asaociation have substantial- ly changed after mon; than three years from the time that the activities, operations, or conditions began. (b) Paragraph (1) of subdivision (a) shall not apply :f the agriculimal activity, operation, or facility, or appurtenances thereof obstruct the free passage or use, in the custot.'ary manner, of any navigable lake,F river, bay, stream, canal, or basin, or any pub){c; park, square, street, or highway. (c) Paragraph (1) of subdivision (a) shall not invalidate any provlsiin contained in the Heald► and. j Safety Code, Fish and Came Code, Food and Agricultural Code, or Division 7 (n mmencing with Section j 13000) of the Water Code, if the agricultural activity, operation, or facility, or-ppurtenances thereof constitute a nuisance, public or private, as specifically defined or descnIx'd In'any of those provisions..' : (d) This section shall prevail over any contrary provision of any ordinance or regulation of any cl county, city and county, or other powmi spbdiviaion of the state. However, t,athinR in thio section ' preclude a city, county; city and _county, �r >>therpolitic2l subdivision of thli eta n acti constf— cation dor statute authors anu 7ot�i co ict wit c n ger revisions of state w Tm ads tion an o francs t ovJs no kation to a res '!cave omeowner t e e in is urk to e orox4mit to to an a 'cu activit o ration aci i or €opurtenances etre an is_au jest a tJro {ons o tis section consistent with seller 1102,&'t, appurtenances (e) F'or purposes of this sect=,on, the teen "agricultural activity, obi the , or aoil dairying, thor pro3uetton, thereof" shall include, but not be limited to, the cultivat{on and tillage cultivation, growing, and ha11 rvesting of any agricultural commodity including timber, viticulture, apicul- cure, ti horticulture, the raising of livestock, fur bearing animals, fiah, or poultry, and any practices t performed by a farmer+ or on a farm as incident to or in cot3unction with chore fanning opentione, including preparation for market, delivery to storage or to market, or delivery to carriers for tramporta- tion to market. (Added by Stats,1981, c. 545, p. 2192, 4 1. Amended by Stats.1991, c. 828 (S.8.1093), 1; Stats.1992, c. ' 97 (A.13,1190);.4 l,) )rXHMT OW, 4 =.6. Agricultural processing activity not a nuisance; increase ml activity; construction with other laws (a) No agricultural processing activity, operation; facility, or appurtenmices thereof, conducted or maintained for commercial purposes, and In a manner consistent with proper and accepted customs and standards, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after the same has been in continuous operation for more than three years if it. was not A nuisance at the time it begins. (b) If an agricultural processing activity, operation, facility, or appurtenances thereof substantially increases its activities or operations after January 111993, then a public or private nuisance action may be brought with respect to those increases in activities or operations which have a,signific.�nt effect on the m environent. For increases in activities or operations that have been in of act more than three years, there shall be a rebuttable presumption affecting the burden of producing evidence that the increase was not substantial. (c) This, section shall not supersede any other provision of law, except other provisions of this part, if the agricultural processing activity, bperation, facility, or appurtenances thereof, constitute a nuisance, public or private, as specifically defined or described in the provision.' (d) This section shall prevail over any contrary provision of any ordinance or regulation of anycity. county, city and county, or other political subdivision of the state, except regulations adopted' pursuant t Section 41700 of the Health and Safety Code as applied to agricultural processing act vides, operations, facilities, or appurtenances thereof which are surrounded by housing or commercial devOopment on ,,he effective date on t this section. However, nothing in this section shall preclude a city, county, city;wid county, or other political subdivision of this state, acting within its constitutional or statutory suthority and not in conflict with other provisions of state law, from adopting an ordinance that allows notificatIbn to a prospective homeowner that the dwelling is In close proximity to an agricultural processing activity, operation, facility, or appurtenances thereof and is subject to of 2 provisions of section consistent ,,vith Section i102,6a. e) For purposes of this section: ) "Agricultural proce531ng activity, operation, facility, or appurtenances thereof' includes but is n , 4. lima, ted to, the canning or freezing of agricultural products, the proceasing of dairy producta,'t' production and bottling of beer and wine, the processing of meat and egg products, the drying ofand >,uiti 7. agricultural prodthe ucts, and shall include panT—co-01—ing of irocessing ts and vegetables, wholesale or retail mark of agrand the storage or glcult of � - products, (2) "Continuous operation" means at least 30 days of agricultural processing operations per year,` (3) "Proper and accepted customs and standards" means the compliance with all applicable state alid federal statutes and regulations governing the operation of the agricultural processing activity, operation! facility, or appurtenances thereof with respect to the condition or effect alleged to be a nuisance, i (f) This section shall not apply to any litigation pending or cause of action accruing prior to January 1, 1993: (Added by StatzaW2; G 97 (A.B.1190), § 2. Amended by Sats,1993, c. 99 (A.13.258), 1 So in enrolled brhL i z So in enrolled b01 EXHIBIT "C" A END'AIF DOCUMENT -71 ,k r 4rr 1^ So• c.r Tow -7 sal �cfl�llL s� !I{,ig'L t,,ZtIJC�Ztr';tif'c.ttkZ J ! � Y . 7'c.. ' a -.rd'. iFt�r- Y'! s ( t I I Y : _ rf- �- All -Purpose Acknowledgment State of California ) County of - B u t: t e ) pn August 16, 1994 ,before me Elizabeth A Ridley Notary Public, personally appeared Melvin Bodarke and Rosemary Bodairke. personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)'whose hame(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacity(les), and that by his/her/their signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. WITNESS my hand and official seal, IE Signature Optional Notay Use only, Cohificale attached to the document o OFFICIAL. NOTAFtY SEAL eoZABETH A FiIDLEY � ��g,� NoGary f�uE,1i��- Criliiornla ',FAQ �, Y✓i�Frim COUNTY "4•k,,a ,� any Gtmtfh. Cxplrcr� OCT 14,1954 (seal) Namo of Document U S R' PERMIT :.. bate of Document 8 " 16 -- 9 4 Number of pages - �4 Capacity of Signor EX individual ❑ GuardianlCohservator Attorney in Fact ❑ Corporate _ () other ❑ deneral pattnor(s) [❑ Urnited Pattner(s) CNIoerT Ilea Namo of persoh(s) or entity(les) being reprosehted DA 192 6464 SON* 4 e t) A uNA 06 • � Y '1 f Ax -� � �a � X I �•+ ••+ ''•�•t x.. It Y.. }i it !� x v It , 7 V' it x k A 1, le �5oo�.SE s 'CaNic i x x v y x y ioo` IeAch 1, c,IMAK IX06 € 300 ��Ott.SG Zoo e. ~ ..�� .�. ti� t , _� !CCS �.K•K. K �. S Y? � 1 ' SME1 61�, ,. % ! e v r k, .. r.cr.,:......: .�.... �...::... .. �.....,., i A • ! r � � et N n � : Y It • u t � a k k k � s r • rw LI"c& Gotc•o Z'W l cN'�cb Q u�R CoA l�tLioN AUS AP P 0 V E R DEVEWMENT 1r ! j. , rr s- AWK MEMOAANDUM TO Butte County Assessor's Office FROM: Development Services - Planning Division SUBJECT:. Use Permit #94-14 for Melvin and Rosemary Budarke DATE: August 30, 1994 Pursuant to Section 65863.5 3f the Government Code, the following parcel identified as APN 039-140-013 t Issued a conditional use permit to allow a hor:,a arena, boarding and training of horses on property zoned A-20, properiy located at the end of Alberton Avenua, south of Chico River Road, at 10176 Alberton Avenue, z Chico, CA. /bd P 084 635 878 RFCEII'`t Foot cERTIFIE D MAIL t;tt rn ,,�tint{ra€ t,u�{, nF;t tttuvrctp t!(�T F t7(l Il@l f {t JAEfO'.111L IvilllL _ street and No P , Slalo and ZIP df t Poslhgc Certified Fbp Spacial Delivery Foe ReStncted Delivery Fed Raturn neempt showing to whom and Date Deliored in _ __® •. w .e �.: m Rouun necmpt shomnfj 10 wham 71 ,and Address Ut flohvory • Dale, ,ed TOTAL PoStalja and F rr?s o poslmark or Dale 0 0 W in a - _. Batte, &uzue �1 PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY TENTER DRIVE - OROVILLE, CALIFORNIA 96985.339`1 TELEPHONE; (9 161538-7601 FAX: (9161538-7785 August 11, 1994 Melvin and Rosemary Bodarke 10176 Alberton Avenue Chico, CA 95928 CERTIFIED MAIL_ Re Use Permit, AP No. 039-140-013 Dear Mr. and Mrs. Bodarke We are enclosing the orig►'nal and one copy of your conditional Use Permit No. 94-14. Both copies must be signed and returned to this department' within 30 days from the receipt of this letter. We will then have them validated by the Chairman of the Butte County Planning Commission and the origin?.1 will be returned to you for your records. Please be aware that failure to return the signed copies within 30 days will 'result in the Use Permit becoming invalid. Re-application to this department would than be necessary to proceed with the project. The Use Permit is deemed granted when this, permit has been signed by the applicant, with the counter signature of the Chairman of the Planning Commission, and said permit is received by the applicant by registered mnii. Should you have any ouestiow regarding this matter, please contact Stephen Lucas of this office between 8;00 a.m. and 4:00 p.m., Monday through Thursday. V truly.- o rs, ar Y R a n ng �a..n. ger BKN.,bd Enclosure I n SENDER: I also wish to receive 1 e U) • Complete Items t and/or 2 for additional services. �. m Complete Items 3, and 4n & p, following services (for an r 1 N • Print your neme and address an the reverse of this.ft.6 so that We can feet m` return this card to you. w Attach this form to the front of the maiiploCo, or on the back If speoo T,. Q kldressee's Andress tq doesnott Raturn Receipt Requos � Return Wocelpt will "show t Who the 4r. 1plo was the d and he data r; 2. � �iestd6ted Delivery 'm w ' �/ 6 Whom the grticlo was dgliverad erjd the data cConsult postrklaster for fee, w 3. Article 'A,ddressed to, �� 4s, Article Number � 1 a Me�vin � ) 6,00dc easen-r� .:DV��Sr� �I 4b. Service Type it, //__ Ragistered d Insured r o 7�J 4 Certified COD S 'u�i /r Xpress Mail [] Return Receipt for r p ��)P 1 1 7 Merchandise 1 7, Date of Delivery I' 64 Vne Lurei(Ales S'enol fee is' si�ddres (Only if requested p 6. Signature (Agent) 1 >• IRS Corm 3 11, December 1991 U.S. C1 toaz-atz 402 Qr1 ESTEC RETURN RECei 7 I UN.MED STATES POSTAI SERVIC 7IV Official Business lu °% PEN9ALTY FOR4 RIVATE U8ETc71FF,VOIO:PAYMtN7 j POSTAGE; �'TM� . r 1 [Tint your same, address and Zip Code here COUNTY OF BUTTE 7 � f CICt': ATIMC-11 r PrP DEVELOPMENT VERVtCES j KNNNING bIVISiON � x tdotxfayr,:�r�4�rr��iv !Or4vi,'fo 0.4, 95066-3397 1 may. NSENDER: CompfC n items 1 and/or 2 for additional servlcos, • Complete hums 3, as tl b,following'services I also Wish to roceivt�v,'!.'fie ' Q, and (for an v • Print your n6mq. and addreaa on the reverse of this form so that we ben fool, m return'this card to you, • Attach this form to the front of the m6liplace, at on the back if apace 1, C) Addressee's Address to does not permit, s • Write "Return Receipt Requaitod" on the mallpleea below the article number.2, ElRestricted Delivery •,, " •'rhe Return Receipt will shovi to Whom the article was delivered and the data c d lhorad' Consuitpostrnoster, The fee, m . _ 1'0 3 `Hk1cle Addressed tot 4a, Article Nul-hbor ll h a Me k 1n `�' 05.Mai- 6ddarks 4-3 9, 03`7 7g 0� 7� 6� 41). Service Type 0 Adyistered Insured I N jqj er+0 n � D�rtified Q COD q4Mn © express Flail ( eturn iaecelpt for ❑ orchtind se 7, Date of Delivery } r. ° 8, Addressee's Address (Only If reci4 A c 6, Signature (Addressed) and fete Is paid) pcl Sig` e IA: an ' P5 orM .i$111; bo eMbar 1991.*U.S. spas 1802�23•AQ2 �..� DOMESTIC RETURN' REBEL l+ Ur ' FO STATES POSTAL SERVICE ra �. ASW ,D, ` Official"business rO � rMarl f0P M Arl'jl y $3 ! .. t waa 0 9 .. rr c } JUL 111 1994 arovilig, California i fprint your tiame, address and ZIP Carle here t t COUNTY OF BUTTE DEPARTMENT OP D VELOPMENT SERVICES F PLANNINO DIVISION y 7 County Canter !give l broville, CA 93965 -MOO Ail' 0:5 ICI- 013 P, 298 03 Add RA13U eci Cert atm No Insurance uOverege Provided rW {L OR n�r,rr scavick DO not use for international Moil (See Reverse! 5t fit Cu .. Irani an,j No e Av P , . 9tetn nr,r 7iP t'rhr- A, Poatnnn 1_.. '1 t'crUtmd ree �{ Sper.iv ge"roery rea r Aestriclud.briwety Fee .._ Return Reteipl 511ew eg rn tri wnem & hate Dolor red of Rnturn ROMP,ys,uwino to whim. bate. end Addrr,sre n Aaa,(,ri I 7CtTAt Posh qn O, & F ere O C9 PCSIm_ ark or Date ti tQ \ 1 � �i•O i�n� N �- a July 7, 1994 Ni I Uft • PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SFiVICES 7 COUNTY CENTER DRIVE • UROVILLE, CALIFORNIA 96965.3397 TELEPHONE: (978) 538.7601 FAX; (916) 536+7795 Melvin and Rosemary Bodarke 10170 Alberton Avenue Chico, CA 95928 Re: Use Permit, AP No. 039-140-013 Dear Mr. and Mrs. Bodarke We have received the Hold Harmless Agreement. However, we we returning it to you because it cannot be recorded until ytur signatures have been notarized. We are sorry for any inconvenience this has caused you. Should you have any questions regarding this matter, please contact Stephen Lucas of this office between 8:00 a.m. and 4:00 p.m,, Monday through Thursday. Sincerely, LvrL.cay--) l3arbra Du(`loan Office Assistant III' Reclosure 'TO: Office of Plan.& Research Dept. 1400 Tenth Street _....�.. Sacramento, CA 95814 or JUN 2 21994 X Butte County Clerk FROM: Butte County Planning CANDACE I GRUBBS, Butte Co, Clerk 7 County Center Dr., Oroville 95965 RV �. $aiCt10l1C11 � [je"mifil SUBJECTS Filing of Notice of Determination in with Section 21108 or 21152 of the Public Resources Code. Project Title: Ube Permit U. 7 8, AP Number: 039-140-013 Name: Rosemary & Melvin Bodarke State clearinghouse Number (If submitted to clearinghouse): N/A Contact Person: Paula Leasure Telephone Number: 538-7601 Project Location: At the end of Alberton Ave. south of Chico River Road at 10176 Alberton Ave., Chico, CA: Project Description: Ube Permit to allow a horse arena, boarding and training of horses. This is to advise that the Butte County Butte County Board of Supervisors has approved the above-described project on May 10, 1994 and has made the following determinations regarding the above-described project: 1. The roject ronmwill, _X_ will not, have 3 significant effect on the envient. 1. An Environmental Impact Report was prepared for this project pursuant to the provisions of 'CEgA. _X_ A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures X. were, were not, made a condition of the approval of the project.: 4. A statement of overriding considerations was, _X_ was hot, adopted for this project: This is to certify that the final. ETR with comments and responses and record of project approval is available to the general public at: Butte County Planning Department 1 County Center Drive Qrovilla, CA 95965 Paula Leasure, Principal Planner E`.. Rosemary & Melvin Bodarke Use Permit MITIGATION MEASURES APO 039-140-013 0 Mitictation Measures:. 1. Applicant shall maintain a contract with a disposal company for the removal of manure a minimum of twice a month.. Additionally, collection and storage of manure shall be administered to wee;;ly with the applicant maintaining a Povered compost facility. Applicant shall comply with the condition imposed by the Environmental Health Department that the facility be maintained in a clean and sanitary mannsr. 2. Require a 50 foot no-disturbance setback from the top of bank or outer edge of the r_.,parian vegetation, whichever is greater, along the drainage canal that represents the southern boundary of the parcel and Little Chico Creek which borders thm northern boundary of the parcel. No structures, dumping, fill zateria, or excavation shall be allowed in the no-disturbance setback.. Vegetation removal shall be limited to that necessary for flood control and normal orchard operations. All native trees, in a living condition shall be retained. All vegetation removal shall be approved by the Department of ;Fish and Game prior to removal. 3: The operation of horse shows and training sessione will be conducted during the hours of 8:00 a.m. and 8:00 p.m. and shall be limited to the attendance •^T '155nr fewer participants. 'rhe use of any voice amplification t.* a areni"l ; .,.rnztl and shat.1 not ,.­v ed 65 db at any adjoininrj pxQpezty line. Ccji;.:ktuction activity shill be limi�od to the hours of 8:00 a.m. and 5:00 p.m. Monday through Saturday. 4i Applicant shall limit the number of vehicles at any proposed activity to no more than 25 per day and provide advance notice to adilacent landowners along Alberton Avenue prior to planning such activities. S. The applicant shall pay $200.00 into the Battalion 4 Butto County Water Tender Fund and provide all weather access to barn for a 40,000 pound fire apparatus. 0 4 CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FILING FEE EXEM?TION DeMinimus Impact Finding (*Fish and Game Code Section 711.4; Section 753-5cp Title 14, California Code of Regulations) project Title/Butte County Location: Use permit/10176 Alberton Ave., Chico Project Description- 'Use Purmit to allow a horse arena, boarding and training of horses. Findings of Exemption (attach as necessary): a Negativ 1. The County of Butte has conducted an initial study and prepared e Declaration so as to evaluate the potential of this project for adverse environmenLal impact: 2. When considering the record as a whole, there is no evidence before the County that the project will havo potential for an adverse impact on wildlife resources or the habitat upon which the wildlife depends. 3. The Counky of Butte has, on the basis of substantial evidence, rebutted the presumption of adverse effect contained in Section 753.5(d), of Title 14, California Code of Rogulationsi if applicable. 4. The project is hereby found to be de I minimis in its effect on wildlife and exempt from the State Fish and Game filing fees required by Section 711.4 of the Fish and Game Code. Certification: I hereby certify that the County of Butte has made the above findings of fact and that based upon the initial study and hearing record the Project will not individually or ildlife resources, as defined in Section 711 i2 of the cumulatively have an adverse effect on w I Fish and Game Code. pau,la Leasure� Principal Planner (Chief Planning Official) By: Paula Leasure Lead Agency-, County of Butte Date: June 20, 1594 DECLARATI_OXOF FEE_SDUE (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT Rosemary & Melvin Bodarke 10176 Alberton Ave. Chico, CA 95928 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 14 NOTICE OF EXEMPTION/sTATEMENT or EXEMPTION A. Statutorily or Categorically Exempt $25-00 Clerk's Documentary Handling Fee 90TICE OF DETERMINATION - No FEES 2. [X] A. DeMinimus Impact - Certificate of Fee Exemption $25-00 Clerk's Documentary Handling Fee 3. NOTICE OF DETERMINATION - FEE REQUIRED A. Negative Declaration $1,250 State,Filing Fee $,i,5.oO Clerk's Documentary Handling Fee Environmental impact Report $850 State Filing Pee $25.0,0 Clerk's Documentary Handling Fee 4 OTHER (,51:)erifY) $4,25400 Clerk's Documentary Handlin(I Fee, PAYMENT/NON-PAY:KENT OF FEES: (X] PAYMENT. The above fees have been paid. See attached receipt(s)i 2. NoN-PAYMENT. The above fees are required. Not paid. Chief Planning Official By! Paula Leasure I Principal Planner Lead Agency: Development Review committee ,TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH Atl ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK IS OFFICE. T .1,EE Copj: OF ALL 'XFk�ESSARY DOCUMENTATION ARE REQUIRED FOR HRE�--C= IES FILINGi ALL AppLICA I BLE FEES ARE DUE A90 PAYABLE PRIOR TO THE FILING OF ANY ENVIRON14ENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE, CHECKS PAYABU To THE COUNTY OF BUTTti I i-.11-111 TIN Is �Ng Sqj -10 gg v i 1; J14. -44' .41 C\j �"Y-tj z UIX I%% < I . I . I , , I. . —� J EL t! LO LL Z w MZ u M 0 Z w IM 't LL j j 0 cc IL u jL >- IL 0 F- 0 w U— z w LL ::) LL 0 LL 0 U 0 f 4 IM Street and No –10 1HEALA 0- 1-4 f� a—lqy—e' P 9. Stalcand ZIP Code �'h I (I f). I e q'6 -- - - _C Postage Cedified Fee SpWal Delivery Fee ResInCted Delivery Fee Return floccipt showiric.1 to %irtiom and M1.1c Dcliw'--d Acturn Aeceipt showinq to whum. Date, and Addfem of Oclivery TOTAL Posla.qe and Fees Postmark or Date June 14, 1994 Melvin and Rosemary Bodarke 10176 Alberton Avenue Chico, CA 95928 Re. Use Permit, AP No. 039-140-013 ffu coun PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELF7PHONE; (916) 538-7601 FAX: (916) 538-7785 Dear Mr. and Mrs. Bodarke- At the regular meeting of the Butte County Board of Supervisors held May 10, 1094, your appeal of the Planning Commission's approval for a use permit to allow the boarding and training of horses on a 12.27 acre parcel zoned A-20 at 10176 Alberton Avenue, Chico, was approved subject to the following conditions: 1 Applicant shall maintain a Contract with a disposal company for the removal of manure a MirliMUM of twice a month. Additionally, collection and storage of manure shall I be administered to weekly with the applicant maintaining a covered compost facility, Applicant shall comply with the conditions imposed by the Environmental Health Department that the facility be maintained in a clean and Sanitary Manner., I Require a 50 foot no -disturbance setback from the too bank or outer edge of the riparian vegetation, whichever Ir greater, along the drainage canal that represents the southern bour daty of the parcel and Uttle Chico Creek which borders the northern boundary of the parcel. No structures, dumping, fill material, or excavation shall be allowed in the no -disturbance setbacki Vegetation removal shall be limited to that h9CM0117Y for flood control and normal orchaird operations. All native tress, in n living condition shall be retained. All Vegetation removal shall be approved by the Department of rish & Game prior to removal, 3. Trees shall be planted between the covered 1-IN11rig areha and the south"property line of the project site for the purpose of as a windbreak and a screen to attehUate noise, dust and drift of agrilcultun,�, aprays, Such trees shall be planted at intervals of 5 feet as necessary to augment the existing tree lln94 The trees to be planted shall be fast-growing trees of a type suitable for the intended purpose znd not less than fiva-gaiion size. The trees shall be watered, fertilized and otherwise maintained in a manner to encourage their growth and maintain their vigor. 4. The almond orchard on the project site shall be maintained in accordance with good agricultural practices in order to minimize the harborage of pests and diseases potentially harmful to neighboring agricultural activities. If the orchard is not so maintained, it shall be removed by the applicant. 5. The operation of organized events and training sessions will be conducted during the hours of 8:00 a.m. and 10:00 p.m. and shall be limited to 25 vehicles at any proposed activity per day except that events conducted pursuant to condition 6 below are to be concluded before 8:00 p.m. 6. Applicant shall limit the number of organized events to four (4) a year. This limitation does not apply to the daily training of horses. 7. The use of any voice amplification systems shall be limited to the arena area and shall not exceed 80 db at any adjoining property line. 8. The applicant will send written notice to each residence and owner of a parcel of real property within a distance of 850 feet from the boundaries of the pr Ject site 01 and/or fronting on Aberton Road not less than 14 days prior to holding of organized events on the pr ject site, 01 9. The applicant will avoid holding organized events at times when agricultural spraying applications are being conducted on adjacent parcels, provided that the owner or representative of adjacent properties has given 14 days advance notice that such spraying is to be done. 10. No more than 25 horses shall be boarded on site at any one time, unles's an application for modification of this permit is made to the Plahhing Commission and granted following a public hearing. 11, For the purposes of on-site training, no more than 5 additional horses shall be transported daily to and frorh the site, unless an application for modification of this permit is made to thePlahninq. Commission and granted following a public hearing. 12. Horse 'riding activities shall remain on the project site and Signs will be posted 'in Conspicuous locations 'in the stable notifying riders they will hot be permitted to ride onto adjacent properties or onto Alberton Road. It is understood that horses may be transported from the projo�t site for riding and competitive events to be held elsewhere off-site. 41 13. Applicant shall sign a right-to4arm statement benefitting adjacent properties including, bdut nct,limltO t) M&T R.Rnch ;ind it.9 successors� and assl,iqns, and additionaliy the applicant agrees to execute a Hold Harmless AgIreetrient with Butte County relative to continued agricultural activities on surrounding properties, including, but not limited to, aerial and ground applications of agricultural materials necessary for the production of agricultural commodities and products. 14. Applicant agrees to sign the agreement in substantially itS present form as presented by M&T Ranch and meet all conditions stipulated therein. 15. The applicant shall pay the currently required fee ($200) into the Battalion 4 Butte County Water Tender Fund and provide all weather access to the barn for a 40,000 pound fire apparatus. 16. Building permit fees,and any current, or new, impact fees a ' re to be paid at the fee level in place at the time of the application for the building permit. 17. Applicant shall also comply with all other applicable State and local statutes, ordinances and regulations. 18. Minor changes may be approved administratively by the Director of Development Services or his designee upon receipt of a substantiated written request by the applicant. Prior to such approval, verification shall be made b� each Department or Division that the modif cation is consistent with the application, fees paid and environmental determination as Conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for an amendment. Your Use Permit will be issued after the official approval of the minutes of the Board of supervisors for May 10, 19946 Recently enacted legislation (AB 3158i Chapter 1706, Statutes of 1990, effective Jahuary '1991) requires that the Department of Fish and Game impose and collect filing fees at, specified to defray the cost of managing and protecting fish and wildlife trust resources., These filing fees are collected during the environmental review process and are to be -paid at the time the County files a "Notice of Exemption" with the County Clerk of the County in which the project is located. This procedure is required pursuant to Section 21152 of the Public Resources Code. To increase administrative efficiency, the statute delegated the collection of filing fees to the County Clerk and provided the County authoril� to collect a $25.00 documentary handling fee. The fee for the filing of a Notice of Exemption is the $25.00 documentary handling feei A check made payable to the Butte County Treasurer in the amount of $25.00 should be submitted to -the Planning Division by Monday, June 20i 1994. -d, i Project applicants should be aware Section 21089(b) of the Public Resources Code,, provid I es that any project approved under theCEQA is not operative, vested, or final until the filing fees required undetSection'111.4 oi ihe Fish and Game Code are psid� Please find enclosed Hold Harmless Agreement. Sign and return CERTIFIED MAIL to Butte County Planning Division and your Use Permit will be issued. Should you have any questions regarding this matterplease contact Stephen Lucas of this Division. Very truly yours, BKH:bd AGENDA REPORT AGENDA ITEM, TO: Honorable Chair and Board of Supervisors FROM: Bill Farrel, , Director of Development Services Barry Hogan, Planning Manager BY: Stephen Lucas, Planner DATE: 4 May 1994 REQUEST: AP# 039-140-013 - Rgsemary & Melvin Bodarke: A request for a Use Permit to allow the boarding and training of horses on a 12.27 acre parcel zoned A-20 (Agricultural 20 acre minimum) at 10176 Alberton Avenue, Chico, FOR: Board of Supervisors Meeting of 10 May, 1994 AESTRACT: This appeal of the Planning Commission denial of a Use Permit is a continuation from the 12 April 1994 Board meeting. The contintiation was granted in order to allow the applicant and concerned neighbors the opp -tunity to develop an understanding that would allow the project to go forward. ANALYSIS: In the interim period, an informative meeting has taken place at the Bodarke's residence (April 113) where all parties concerned with the project had the opportunity to discuss any Issues of importance. Following this meeting, County Counsel and staff developed a revised set of conditions that addressed the concerns discussed at the meeting. These conditions were sent to those in attendance for oomment. The applicant has also entered into a separate agreement with the M & T Planch that has alleviated their concerns and removed their opposition to the application, Staff has reviewed this agreement and forwards the following conditions of approval to the Board. ,CONDITIONS 1. Applicant shall maintain a contract with a disposal company foe the removal of manure a Minimum of 'twice a month. Additionally, collection and storage of manure shall be administered to weekly with the applicant maintaining a covered compost facility, Applicant shall comply with the conditions imposed by the Environmental Health Department that the facility be maintained in a clean and sanitary manner, mBufte Coutily Department of DeV,61opineht Services Planning Division I T AGENDA REPORT AGENDA i r�-_M 2. Require a 50 foot no -disturbance setback from the top bank or oUteredge of the riparian vegetation, whichever is greater, along the drainage canal that represents the southern boundary of the parcel and Little Chico Creek which borders the northern boundary of the parcel. No structures, dumping, fill material, or excavation shall be allowed in the no -disturbance setback. Vegetation removal shall be limited to that necessary for flood control and normal orchard operations. All native trees, in a living condition shall be retained. All vegetation removal shall be approved by the Department of Fish & Game prior to removal. 3. Trees shall be planted between the covered riding arena and the south property line of the project site for the purpose of serving as a windbreak and a screen to attenuate noise, dust and drift of agricultural sprays. Such trees shall be planted at intervals of 5 feet as necessary to augment the existing tree line. The trees to be planted shall be fast-growing trees of a type suitable for the intended purpose and not less than five -gallon size. The trees shall be watered, fertilized and otherwise maintained in a manner to encourage their growth and maintain their vigor. 4. The almond orchard on the project site shall be maintained in aox4ordance with good agricultural practices in order to minimize the harborage of pests and diseases potentially harmful to neighboring agricultural activities. If the orchard is not so inaintained, it shall be removed by the applicant. 5. The operation of organized events and tra'. Ing sessions will be conducted during the hours of 8:00 a,m, and *10:00 p.m. am be limited to 25 vehicles at any proposed activity per day except that evem . onducted pursuant to condition 6 below are to be concluded before 8:00 p.m. 6. Applicant shall limit the number of organized events to four 4) a year. This limitation does not apply to the daily training of horses. 7, The use of any voice amplification systems s,,�hall be limited to the arena area and shall not exceed 80 db at any adjoining property line, 8. The applicant will send written notice to each residence and owner of a parcel of real property within a distance of 350 feet from the boundaries of the project site and/or fronting on Alberton Road not less than 14 days prior to holding of organized events on the project site. w8utte County Department of Development Setvices w Planning Division is Ak AGENDA REPORT AGENDA ITEM The applicant will avoid holding organized events at times when agricultural spraying applications are being conducted on adjacent parcels, provided that the owner or representative of adjacent properties has given 14 days advance notice that such spraying is to be done. 10. No more than 25 horses shall be boarded on site at any one time, unless an application for modification of this permit is Made to the Planning Commission and granted following a public hearing. 11. For the purposes of on-site training, no more than 5 additional horses shall be transported daily to and from the site, unless an application for modification of this permit is made to the Planning Commission and granted following a public hearing. 12. Horse riding activities shall remain on the pr ject site and signs will be posted in 0.1 - conspicuous locations in the stable notifying riders they will not be permitted to ride onto adjacent properties or onto Alberton Road. It is urderstood that horses may be transported from the project site for riding and competitive events to be held elsewhere off-site. 13, Applicant shall sign a right -to -farm statement benefitting adjacent properties including, but not limited to M&T Ranch and its successors and assigns, and additionally the applicant agrees to execute a hold harmless with Butte County relative to continued agricu , Itural activities on surrounding properties, including, but not limited to, aerial and ground applications of agricultural materials necessary for the production of agricultural commodities and products. 14. ApplIcant agrees to sign the agreement in substantially its present form as I presented by M&T Ranch and meet all conditions stipulated therein. 15. The applicant shall pay the currently required fee ($200.00) into the Battalion 4 Butte County Water Tender Fund and provide all weather access to the barn for a 40,00o pound fire apparatus. 16. Building permit fees and any current, or new, impact fees are to be paid at the fee level in place at the time of the application for the building permiti 17. ApplIcant shall also comply with all other applicable State and local statutes., ordinances and regulations, siButte Coarity Npartrnent dt Develophlent Services a Planning Division 3 A0ENF)A ROWFIT 18. Minor changes may be approved.adm,k",stratively bythe Pli-ector of Development Services or designee upon receipt of a substantiated written, request by -the applicant. Prior to such approval, verification shall be mL.,j by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes depmed to be major or significant in nature shall require a formal application for an amendment. Attachments, A: raft Memorandum of 18 April 1994 B: E-.vironmental Protection and Land Use Agreement with M&T Ranch SAL w8like Cduniy Depafteht of Davelopmebt Services in Planhing bivision 4 DRAFT MEMORANDUM TO: All Interested parties FROM: Bill Farrel, Director of Development Services BY: Stephen Lucas, Planner DATE: 18 April 1994 REQUEST: Anpeal of Planning Commission denial of a Use Permit on AP# 039- 140-013 - Rosema[y & Melvin Bodarke: A request for Et Use Permit to allow the boarding and training of horses on a 12.27 acre parcel zoned A- 20 (Agricultural 20 acre minimpm) tit 10176 Alberton Avenue, Chico. FOR: Board of Supervisors Meeting of May 10, 1994. ABSTRACT. On Weanesday April 13, 1994, an Informative spec-15—im-e—e-fln-g- T�Z=p 56-� at the horse arena owned by the applicant (Bodarke) at the request of both the applicant and questioning neighbors. in attendance were concerned neighbors, the ap,!JIcants, the Chairman of the Board of Supervislors, a member of the County planning staff, and representative legal counsels. The purpose of the meeting was to accurately describe the proposed use and thoroughly discuss al/ potential Impacts the proposal might have, If approved. The discussion resulted In a clearer understanding of the proposed equestrian facility ard helped determine additional project conditions that would reduce any Impacts to an agreeable level. The following special conditions are proposed by the County planning staff and County Counsel for consideration by all interested parties. Staff encourages participants to respond promptly With any Input and will direct any response to the Board of Supervisors for their consideration at the regularly scheduled meeting on May 10, 1994. This memorandum is in DRAFT form. SPECIAL CONDITIONS (New or revised conditions represented In bold type,) 1 ApplIcant shall maintain a contract With a disposal company for the removal of manure a minimum of twice a month. Additionally, collection and storage of manure shall be administered to weekly with the applicant maintaining a covered compost facility. Applicant shall comply with the conditions Imposed by the Environmental Health Department that the facility be rnaintalned In a clean and sanitary manher, 2i ROquire a So foot no-disturbahce setback from the top bank or outer edge of the riparian vegetationi whichever Is greater, along the drainage Canal that represents the southern boundary of the paircel and Little Chico Creolkwhich border, the northern boundary of the oprcel. Nustructurds,durnping, fill material, or excavation shall be allowed In the no -disturbance �k. Vegetation removal shall be limited to that necessar 1 for flood control and normal orcharo operations. All native trees, In a living condition shall be retained. All Vegetation removal shall be approved by the Department of Fish & Game prior to removal. I Trees shn.11 be planted between the covered riding arena and the soUth properf�f line of the project site for the purpose e serving as a windbreak and a screen to attenuate noise, dnnt and drift of agricultural sprays. Such trees shall be planted at Intervals of 6 feet Lis necessary to augment the existing tree line. The trees to be planted shall be fast-growing trees of a type suitable for the intended purpose and not loss than five-galloh sizei The trees shall be watered, fert - 11 , Ited and otherwise maintained In a man"er to encourage their growth and, maintain theirvigor. Jude Cooniy Department of Development Services a Planning Division 1 DRAFT MEMORANDUM 4. The almond orchard on the project site shall be maintained in acnerdance with good agricultural practices in order to minimize the harborage of pests and diseases potentially harmful to neighboring agricultural activities. If the orchard Is not so maintained, it shall be removedi 5. The eperatleA Of hGFse shews and --al-1--, S-P-Sroln-lnffi; 00"I'l be GORGILIGted dWFIR0 the heWF6-Gf- and S.- 9 p.m. and shall he limit e ef 26 eF fewGHqa#]G4kiPA-P,- The operation of organized events and training sessions will be conducted during the hours of 8:00a.m. and 8:00 p.m. and shall be limited to 25 vehicles at any proposed activity pet day. I 6. AppilGant shall "rRit the P, mber--GP&*�eles at any p 4, —4--ReFr, alehg Alli Rized-event prmuldn AdvanGB Reke to ad eneh Avenue invelvi s beilng tFaF;sperted in a;;d aut ef the IaGllity is W GGGUF. Appileapt shall ilrAlt the beF Gf e ts to Applicant shall limit the number of organized events to four (4) a year. 7. The use of any voice amplification systems shall be limited to the arena area and shall not exceed 65 db at any adjoining property line, 6. The applicailt will send written notice to each residence and to the owner of each m�vcel of real property within a distance of 300 feet from the boundaries of the project site and /or fronting on Alberton Road not less than 14 days prior to holding of organized events on the project site. 9. The appi - Icant will aVold holding organized events at times when agricultural spraying applications are being conducting on any of such properties, provided that the owner or Manager of such property has given applicant 14 days advance notice that such spraying is to be done. 10. No more than I a horses shall be boarded on site at any one time, unless an application for modification of this permit Is made to the Planning Commission and granted following a public hearing. 11. For the purposes of on-site training, no more than 6 additional horses shall be transported daily to and from the site, unless an application for modiflotion of this permit is made to the Plahning Ctimmission and granted following a public hearing, 1 Z. Apollbant shall4nfefm-all�elients th. h— I)UW!e tea t-6 wv�-V WaWs, Horserldhig activities shall remaln.bn the project she; signs will be posted It! consp , Icuotis locations In the stable notifying riders they will not be allowed to ride onto any adjacent properties or onto Alberton Road. It Is understood that horses may be transported troth the project site for riding and competitive events to be held elsewhere otf-site. 13afte county Department of Development Services is PlannIng Division 2 DRAFT MEMORANDUM Applicant shall. sign a Right to Farm Statement relative to adjaceW\ properties. -.4 zw ist sign a hold harmless agreement with the County relative to continued agricultural activitleg on surrounding propertie I s including, but not limited to aerial and ground applications of materlilal% 14. The applicant shall enter into a written agreement with the owners of the adjacent properties pertaining to their respective liabilities for injuries or damages which may be Incurred by either of them as a result of the activities of each of them. Is. The applicant shall pay the currently required fee ($200.00) Into the Battalion 4 Butt-� County Water Tender Fund and provide all weather access to the barn for a 40t000 pound fire apparatus, 16. BuIlding permit fees and any owent, or hew, impact fees are to be paid at the fee level In plaa�,-, at the time of the application for the building permit. 17. Applicant shall also comply with all other applicable State and local statutes, ordinances and regulations. 18. Minor changes may be approved administratively by the Director of Development Services ot" designee upon receipt of a substantiated written request by the applicant, Prior to such. approval, verification shall be made by each Department or Division that the modification Is 66. .,,!stent with the application, fees paid and environmental determination as conditionally approved, Changes deemed to be major or significant In nature shall require a formal application for an arrieddment, SAL Melvin Bodarke Ed Mcl-auohlln Nell McCabe Brad Fuller Bill Baber Robert Harp -fAe county bepattinent ot DeVelopmehtSeNides m Planning DIVISIon 3 > 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 19 20 21 22 n 24, 25 2 6 21 28 AGREEMENT THIS AGREEMENT, made, and entered into this day of 1994, by and between COUNTY OF BUT I TE, a political subdivision of the State of California (hereinafter referred to as "COUNTY"), and BRIAN BODARKE, MELVIN BODA.M<E AND ROSEMARY BODARKE, (hereinafter collectively referred to as 11!.PPLIC.WT41); WITNESSETH: WHEREAS, in consideration of the COUNTY's approval of a Use Permi�, to allow the boarding and training of horses on that certain property identified as AP # 039-140-013 and the related CEQA approvals pertaining thereto, ("the Project"), the APPLICANT desires to indemnify the COUNTY from liability or loss connected with the Project and to comply with condition 13 of the Project approval. NOW, THEREFORE, IT IS MUTUALLY AGREED between COUNTY and APPLICANT as follows: 1. Rijht to Vatm. The APPLICANT hereby acknowledges that the owners, lessees or other occupants of adjacent properties have the right 4;o continue farming said properties in accordance with normal and customary Operating practices in the Sacramento Valley. APPLICANT further acknowledes the exist6ncej reading and Under!�3tandihg of California Civil Code Sections 3482,8 and �492i6j copies of which are attached hereto, labeled Exhibit "B" and Exhibit "Oil, and made a part herdofi 2. 1 ddthificatioh- The APPLICANT shall defend, indemnify and hold harmless the COUNTY and its agentso officers and employees from Any claimo Actibne or proceeding Against the COUNTY Or its aqdhtsj Officers or OMP16yees, resulting from the processing or 2 3 4 5 8 9 10 11 12 13 14 15 16 17 18 19 20 �1 22 23 24 25 26 27 approval of the Project, or relating to or arising out of continued:, agricult-ural activities on surrounding properties, including, but not limited to, aerial and ground applications of agricultural materials necessary for the production of agricultural comnodities and products. To the extent that COUNTY uses any of its resources responding to such claim, action, or proceeding, APPLICANT will reimburse COUNTY upon demand. such resources include, but are not limited to, staff time, court costs, county Counsel's time at their regular rate as determined by the county Auditor, or any other direct or indirect cost associated with responding to the claim, action, or proceedings. The APPLICANT'S obligations under this agreement shall apply regardless of whether any other permits, entitlementso or approvals ate issued or granted. _3,, goi--ice-of Clair; Cooperation. The COUNTY will promptly notify APPLICANT of any such claim, action, or proceeding. it the COUNTY should fail to so notify APPLICANT and cooperate fully 'in the defense of such claim, action or proceeding, the APPLICANT shall ho�. thereafter be responsible to defend, indemnify and hold harmles8 the COUNTY or its agents, off icers and employees pUtbUant to this Agreement. 4. Participation Defense., The COUNTY mayi within "its Unlimited disctetionj participate in the defense of any such claim, actiont or proceeding, so long as the COUNTY is proceeding 'in good faith. 5� Approval of gdttlement., All notices to APPLICANT under this Agreement sha-11 be deemed valid and effective five (5) I calendar days f011owing deposit In the Uni*Led Si:aLes maii, pu's'-�age 2 prepaid, by certified and/or registered mail, addressed to: 3 Melvin and Rosemary Bodarke 4 10176 Albetton Avenue 5 Chico, CA 95928 6 All notices to COUNTY under this Agreement shall be deemed 7 valid and effective when personally served upon the Director of 8 Development Services Department or five (5) cale0dar day following 9 deposit in the United states maill, postage prepaid, by certified 10 and/or registered mail, addre8sed td! 11 Director, Development services Department 3.2 7 County Center Drive 13 Otoville, CA 96965. 14 6. Agreement, Is Complete Understanding. This Agreement 15 represents the complete understanding between the parties with 16 respec-t, �—) matters set forth herein. 17 IN .11NESS WHEREOF, the -parties hereto have duly caused this i8 'Agreement to be ekocuted on the date hereinabove first Written. 19 20 APPtICANT COUNTY OF BUTTE 21 B B 22 Melvin Bodarke Chafr—j But�te County Board of Supervisors 23, "COtINTYII 24 By, RosOmar7 Bodarke APPROVED AS TO FORM: 2� Office of Coun4" Counsel B 26 Brian Bodarko 27 By 28 1 WP5!kC0NntACMDWMTY.c0t4 7 #0 coun DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE � OROVILLE, CALIFORNIA C'6965-3397 TELEPHONE: (91M 538-7601 FAX: (916) 538-7705 April 12, 1994 Melvin and Rosemary Bodarke 10176 Alberton Avenue Chico, CA 95928 Re: Use Perrn'tt, AP 039-140-013 Dear Mr. and Mrs. Bodarke: At the regular meeting of the Butte County Board of Supervisors held, April 12, 1994, the publib.hearing was continued open to May 10, 1.994, at 11:00 a.m. to consider your appeal of the Planning CommissloWs denial of a Use Permit to allow a horse arena, and boarding and training of horses on property zoned A-20 located at the end of Albetton Avenue, Chico. The meeting will be held in the Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville. should you have any questions regarding this matter, please contact this Dapartment. Very truly yours, William Farrel Development Services Director WFflr P)BERT D. HARP 10336 ALBERTOR AMME CHICOI, CALIFORNIA 95928 (916) 895-1512 February 17, 1994 BUTTE COUNTY PL2;_?!NING COMMISSION 7 County Center Drive Oroville, CA 95965 Re: Use Permit For APN: 039-140-013 Rosemary and Melvin Bodarke 10176 Alberton Avenue Chico, CA 95928 Hearinq Scheduled For: 2-24-94 Dear sir/Madam: My residence is on the same road as the above ref erenced property (the "Bodarke Is Property") In order to access the BodArke's Propertyj you must pass my residence. 1 respectfully request that the Planning Commission carefully review the impact the additional traffic relating to the proposed use will have on the residents of Alberton Road. In front of my residence, the paved surface of Alberton Road is only approximately 16-17 feet 'In width. other portions of the Road flood during the winter making two -Way traffic very difficult. Additionally, in order to access the Bodarke's Propertyt v i itors must crDss over a bridge over Little Chico Creek. This isi bridge 'is Very narrow and is limited as to the load it will carry. Alberton Road is not constructed to accommodate a iarge flow of traffici Currently, it is common fot bars passing in opposite directions to drive 'with one wheel off the paved surface in order to safely pass. Horse arenas and horse boarding facilities can have large traffic flows to and from the facillitiesi caused by hotsd oWners and riders doting to the facility to date for and tide their horres. For example# I have Witnessed large f I lows of children a,41 parents coming and going from Almond !red Farms on Elk Avenue. Resildonts living on Albdttoh Avenue have children and pets4 A large f I low of ttaffid to and from the 8odarke's Property at the end of Alberton Road Would jeopardize these residerits4 Any additional traffic would also increase the possibility of an allto accident on Albettbh Roadi 1 also question how 'well the bridge over Little Chico Creekwill be able to safely handle the increased flow of traffic. pianning 00 , paftent FE8 2 2 1994 DMV111e, ulltornla Butte County Plarihi'n'g Commission February 17, 1994 Page Two Again I urge you to carefully consider the impact t"Ie increased traffic flow caused by this proposed use will have on tj e residentsan� �ravelers along Alberton Road. Very truly yours, vmf ROBERT D. HARP March 6, 1994 Butte County Plann-hig Commission 7 Country Center nive Oroville, CA 959615 Gentlemen, This is the first letter of this type that I have ever written to a planning department. I recently read that you have denied a permit for boarding and training horses to I I Melvin Bodarke. The reasons stated were regarding horses trespassing on neighbors property, increase in traffic and finally that %orses and airplanes don't mix. Melvine Bodarke does nGt intend to run a "dude ranch". The people that would use his i facility are responsible, knowledgeable people who take the equestrian ,,,port seriously. Ilie primary roason they will be riding at Brookhaven is because of the indoor (and very well fenced) arena. They do not intend to "run amucle' throiigh MY, Heringer's orchard. And furthermore, when people ride in this type of getting th,-y supin-vised, In the movies horses are be ffightened by planes. Maybe this is whore Mr. Bergma� is is informa I getting h tion. 11-Iowever, in the real life, horses and airplanes get along quite welli I raised and trained horses for yea:vs beside can airporti I've competed at i - horseshows at times when their has been an awKiniv in progressl If you take. an afternoon and drive through our beautiful o�,riicultural 411TU.s tou will notice that crop dusters and horses mixjust fine! As for traffic, horseshows cause significant txaffic problems. Not boarders. We should welcome a man with Mr. Bodarkes talents. He has done a beautiful job building his farm and has spent thousands of dollars improving the area, I sincerely hope you Will reconsider your decision, Sincerely, Heidi Ward tN' /4P Z e-, �JO -2 7 at - 12 Y-A&6,L Yadij Z) Llaa,)L, A6-W&,,)� Ila, 0 - 1 -04 14-9- LIL p .......... 146L� ae, aevoet6 ",Lc �04 e, qAM k�s - March 20 1994 Clerk of the Board of Supervisors 25 *County Center Drive Oroville, California 95965 Re: Appeal on Use Permit, AP #039-140-013 Dear Supervisors: V The intent of my letter is to express the fact that we would like to appeal the decision of the Planning Commission at the meeting of Feb.24, 1994, I feel that -the situation was not totally understood by the Commissioners, and as the Planning Dept. had informed us of their apparent approval of the project, several of the issues brought up were not addressed properly. The major concern of M&T Ranch seemed to be that our riders might be trespassing on their new crop land. in fact there are two very deep irrigation ditches, plus a boundry fence, making the passage nearly imposablei A18o brought up was aircraft noise. The Chico Ranchero Airport is only about � miles away, and we havebeen exposed to both airplane and heliloopter traffic with no "spooking" of any of my horses. Our neighbors have crop dusted and field sprayedt and. again the horses have been okay. They are stabled indoors so any sun -rise 'use of aircraft should tot be a problem. Other fa,,Ilities in town are also in agriculture/orchard areas with apparently no major problemst and they ate dealing with more children and beginnirs than We Would be. We have receiveft such positive response from neighbors and the town's horso riding community since the newspaper articlev that We Would like you to allow Us the opportunity to al)p0al this decision. Znol000a find a check in the amount of $25OiOO to cover the filing tee. Sind er e-lyi 44 MEMORANDUM 'ro: �norable Chair and Planning Commission FR10511: irry K. Hogan, Planning Manager Bn "IV. 8tephen Luc4s, Planner S!.43JE(','T,. Use Permit / Bodarke AP# 039-140-013. Additional condition to be addt.'-d to existing staff report. ;),All E: 22 February 10-94 ,A8STt,i;-A'CT: This Use Permit application is scheduled for tho 24 February meeting. Staff has identified 8 conditions in making a recommendation for approval and -will at thic, time add an additional condition. DISCUSSION: Condition #9 will read, "Applicant shall provide proof of Uniform Buildim'.) Code compliance to the satisfaction of Building officials and Plannlro Manager prior to issuance of Use Permit." RECOMMENDATION: It remains the recommondation of staff that this Use Permit ba approved as cureently wnended, SAL:sal m 8UH6 CoUnty in ChbarthiSht -nf DIeVeiOpMent SerVices w Planhihg DIVIsloh I WOO maw A 06 V6 Ax it its v 66 T , X I " %. Ili ii x v it v 'It v -? V 'x A If Ir A Y ii, re IV A A ob * . �t I. , ID6. 4L iij Ne id A bIT4 twi6o h PIC . tOWAK Q06JAI 300 0 1 jo "t fJ k I K 4 I Zoo cu sk A v v jt�, rj it A o M & T CHICO RANCH 3964 CHICO RI CHICO CALIFORNIA 95928 (916) 342-2954 February 8, 1994 Mr. Barry K. Hogan, Planning "'i'anager Buttd-Codnty Planning Commission Cou'pty Administi.,ation Center 25 County Center,Drive Orovil"16, CA 95965 Dear Mr. Hogan; I a,m responding to the*notice I received regarding the use it for parcel #39"140-013., This u -se permit is for a horse p erm 1 1 .arena , boarding.stalls and a t.rai'ning area on a 20 acre parc west of Chico. The*first -time we knew this Was happening on a block that wz8 formerly in almonds, was when we saw the horse arena belng erected. The M&T Ranch farms a s_ubs . tantial acreage on the acreage adjoining this development to the south and west. Only 100 feet to the south we have a large prune operation and less than a half mile away is our rice growing areas. There are always times throughout the year when we are doing crop spraying, either by aircraft or by a ground sprayer. Both operations can spook horses and -cause pote h?i al injuries to animals and people. In addi-tion to the spraying,. our farming operations involve other large,equilpment pralctices, all of which -an be very dusty, noisyjand potentiall I y hazardous to a horse boardingt training a,nd'show facility. The County has to assume some liability for allowing this type of activity inan intensive farming area. I am writing my objections because,I will not be able to attend your February 94th planning commission meeting, dealing with this subject. Sincerely, Manager cce. Supervisor 8d McLaughlin Supervisor Mary Ann Houx SUperVi sor Jane D61 an MAR.SH MARSH & VOLPF, COUNSFILORS & A*TORNEYS AT LAW AN ASSOCIATION iNCLUolwo A LAW CORPORATION B70 MANZANITA COUV47 TELEPHONE MATTHEW M, MARSH (916) 893-0100 (tell -1992) cHico, cALIFORNIA 95926 HARRY M. MARSH* FACSIMILE WILLIAM S. VOLPE (918) 893-0321 CAr 71- J, TENMR* RIL,OARD L, CRABTREE* March 17, 1994 'MARSH & MARSH A LAW CORPORATION Thomas Last Senior Planner Dept. of Development Services COUNTY OF BUTTE 7 County Center Drive, Oroville, CA 95963 Re: Use Permit Application, "N 039-140-013 Dear Mr. Last', This office was recently retained by Mr. and Mrs. Bodarke to represent theinin matters related to their appeal of the Planning Conititission's denial of their application for a use permit. Accordingly, please provide the underoigned with copies of the Planning Comn I iission, staff report, theproposed negative declaration� and, when available, acopy of the staff report provided to the Board of Supervisors regarding the hearing scheduled for April 12, 1994, In addition, please place the undersigned on the appropriate mailmig lists to receive all future notices and documents related to the Bodarkes' use permit application. Thank you for your time and cooperation in this regard. if you have any comments or questions, please contact me. Very sincerely Yours, MARSKMA&SH & VOLPE RLc/lmd cc,, Melvin and ko,-=ary 8odarkd Nell H, MpCabe, Assistant County Counsel 9403th21-6 d, " '41) a4C Yk'wrl, 61u, icr- �a clw&) llIlw;TeUll,�L 61, P"�Idk� zcl�lell- a-�,oO-L4C 00 "le YL de, t ",ne et 6 /b, e eL 611IL-1 Cie E, 45 Yap 'i 't a ela March 6, 1994 Butte County Planning Commission 7 Country Center Drive Oroville, CA 95966 Gentlemen, This is the first letter of this type that I have ever written to a planning department, I recently read that you have denied a permit for -boarding and training horses to Melvin Bodarke. The reasons stated were regarding horses trespassing on neighbors property, increase in traffic and finally that "horses and airplanes don't mix, Melvine Bodarke does not intend to run a "idude ranch", The people that would use his facility are responsible, knowledgeable people who take the equestrian sport seriously. The primary reason they will be riding at Brookhaven is because of the covered indoor (and very well fenced) arena, They do not intend to "run ainuck" through Mr. Heringer's orchard. And furthermore, when people ride in this type of setting they are supervised! In the movies horses are be frightened by planes, Maybe thi's is where Mr. Bergman is getting his information, However, in the real life, horses and airplanes get along quite well, I raised and trained horses for years beside an airport. I've competed at liorseshows at times when their has been an airsbow in progressl If you take an afternoon and drive tlirov,,h our beautiful agriculLural areas you will notice that crop dusters and horses mix ju,,,,,*t' finef As for traffic, horseshows cause significant traffic problems. Not boarders. We should welcome a min ith Mr. Bodarkes talents. He has done a bealitiftil job wi building his fitrin and has spent thousands of dollars improving the Irea. I sincerely hope you will reconsider your decision, Sincerely, Heidi Ward Planning Departmont MAR 15 1994 oroyme, catatnia February 28, 1994 Melvin and Rosemary Bodarke 10176 Alberton Avenue Chico, CA 95928 Re: Use Permit, AP No. 039-140-013 Dear M.r. and Mrs. Bodarke: PLANNING DIVISION ITIVIENT or runim nnftr - — IVI �j VICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95966-3397 TFLEPHONE: 1910) 530-7601 FAX: (016) 538-7785 At the regular meeting of the Butte County Planning Commission held February 24, 1094, your request for a Use Permit to allow a horse arena, boarding and training of horses on property zoned A-20 located at the end of Alberton Avenue, south of Chico River Road, at 10176 Alberton Avenue, Chicoo was denied. Should you desire to appeal this decision you must do so, in writing, with the appeal fee of $250.00 to the Clerk of the Board of Supervisors, 25 County Center Drive, Oroville, Californiaj prior to the expiration of the 8 -day appeal period wmch is at 4:Oo p.m.# Mondayj March 7, 1994. Please find enclosed your check #137 in the amount of $200.00 for the Battalion 4 Butte County Water Tender Fundi Shou , Id you have any questions regarding this matteri please contact Stephen A. Lucas of this off! �) between 8:00 a.m. and 4:00 p,m,j Monday through Thursday, Sincerely, Barry k6 Hogan Planning Manager P ho Senior Planner BKH-.TLi,bd Enclosure 10176 Alberton Ave,,,wlil Chico,Califonia 951,32,`1 January 3, 1994 Planning Division Department Of Development Services 7 County Center Lrive Oroville, California 95965-3397 Attention; Paula Leasure Stephen A. Lucas Principal Planner Assistant Planner Re: Use Permit AP No,038-140-013 Dear Planners: We received your notification concerning our request for a use permit and we appreciate the prompt and thorough summRry of our project. The mitigation measures required are acknowledged and will be implemented. Be assured we intend to run a top notch facility, as this is our Pamlly*s long time cher'.8hod goal. Our love of horsef, �itake their well-being and care a top priority. We have contacted Mid -Valley Dispo8al Co. and they will furnioh us with covered dumpstor8 and pick-up service for the mai-,ure. They can handle any amount the barn may generate. Mid-V6'11.ley is sending ua the necessary papers and we shall forward you a copy. Enclosed is -a check for $200.00 for the Battalion 4 Butte County Water Tender Vund. The tuppottive well wishes of our neighbors on our endeavor ate pzedicting optimum w40008s. We find their outlook most heart-warming and encouraging. Yours, sincerely, -- - - - - - - - - - Melvin 8odarke Rosemary Bodatlre JAN 0 4 1994 Orovillo, California )ROBERT D., HARP 16356 ALBERTOW AVENUE CHICO* CALIPURNIA 95928 (916) 895-1512 February 17, 1994 BUTTE COUNTY PLXNNING COMMISSION 7 County Center Drive Oroville, CA 95965 Re: Use Permit For APN: 039-140-013 Rosemary and Melvin Bodarke 10176 Albart6n Avenue Chico, CA 95928 Hearing Scheduled For: 2-24-94 Dear Sir/Madam: My residence is on the same road as the above referenced property (the "Bodarke Is Property") . ln order to access the Bodarke'6 Prc;perty, you must pass my residence. I respectfully request that the, Planning Commission carefully review the impact t I he additional traffic rela%1,ing to the proposed use will have on the residents of Alberton Road. In front of my residence, the paved surface of Alberton Road is only approximately 16-17 feet in width. other portions of the Road flood during the winter making two-way traffic very difficult. Additionally, lin order to access the Bodarke's Propertyj v i Little Chico creeki This isitors must cross over a bridge over bridge is Very harrow and is limited as to the load it will carry. Alberton Road is hot constructed to accommodate a lAroe flow of traffic. Cqrkentlye it is common tot cars passing in op'posite directions to drive with one wheel 6fi:" the paved surface in order to safely pass. Horse arenas and hoi7se boarding faoilities can have large traffic flows to and from the facilities;' caused by horse owners and riders coming to the facility to care for and ride their horses. For exatpleo I have witnessed large flows of children and parents coming and going from Almond Tkee Farms on Elk Avenue. Residents living on Alberton Avenue have children and pets. A large flow of traffic to and from the Bodarkels Prdpai�ty at the end of Alberton Road would Jeopardize these residents, Any additional traffic would also ihdrease the possibility of An allto accident on Alberton Road. I also qud8tioh how well the bridge over tittli Chico Creek will be able to safely handle the iodreased flow Of traffic. plannIng , bepb0nicht 2 2 1994 OrOVIM6, 0611totnin Butte County Planning Commission FRbjrUa,*V 17, XP94 Page Two Again I urge you to carefully consider the impact the increased traf f ic flow caused by this proposed use will have on the and travelers along Alberton Road. residents Very truly yours, �U+ D V�-Y- ROBERT D. HARP PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE. CALIFORNIA 95966-3397 TELEPHONE: 1916) 538-7601 FAX: (916) 630-7785 January 26, 1994 Melvin and Rosemary Bodarke 10176 Alberton Avenue Chico, CA 95926 Re: Use Permit, AP 039-140-013 Dear Mr. and Mrs. Bodarke.- Enclosed is a copy of the Staff Findings concer . m , ng your application for a Use Permit to allow a horse arena, boarding and training of horses on property zoned A-20 located at the end of Alberton Avenue, Chico. A public hearinghas been set for February 24, 1994 at 9:00 a.m. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. i "!'he Planning Commission recommends that the applicant or their authorized representative be present at the hearing to respond to any questions the Commission mby have. In the event that no one will represent the applicant, please contact the Planning office prior to the scheduled public hearing, Should you have any questions regarding this matter, please contact this office between 8:00 a.m. and 4:00 p.m., Monday through 'niursday. Sincerely, Barry X Hogan Planning Manager .......... Steve A. Lucas Assistant Planner $AL:lr tnc, CID IV W puOwila \ AM \ 'At N, pjvq 0 CIO EQ, Oki or avow NO u cr —enUeAY----- Guld 07 40nojC) CC 4b, avow Q 00 NO.LAVG nVp4 cz j svnov 0 ce ki QnUGAY uoljeqlv, snidaN ch 40 0 io 70 VOW C:==a lmm�/Z� -21 A-2 FlLt NoA59-146-013 BUTTE.- COUNTY PLANNING COMMISSION HEARING DATESt -2--E4-cl,4 APPLICANTiROSSMAP-4iMELVIN laoMPLA OWNER: SAME-: REQU EtTtl Vst PF -04 ITL -ro A LLON A EXISTING ZONE.' SCALE I IHORSE AREN,o� AMD-T.RAININC- br-, 'HOP -SES, PRQ"X2c-T Loe-ATION A-40 1486 FlLt NoA59-146-013 BUTTE.- COUNTY PLANNING COMMISSION HEARING DATESt -2--E4-cl,4 APPLICANTiROSSMAP-4iMELVIN laoMPLA OWNER: SAME-: REQU EtTtl Vst PF -04 ITL -ro A LLON A EXISTING ZONE.' SCALE I IHORSE AREN,o� AMD-T.RAININC- br-, 'HOP -SES, COUNTY OF BUTTE INITIAL STUDY EVALUATION OF ENVIRONMENTAL IMPACTS 1. BACKGROUND A. Applicant and/or Project Narne: Rosemary & Melvin Bodarke B. Project No. (If appl!cable) and AP No.: 039-140-013 C. Address of Applicant and Representative (if applicable): 10176 Alberton Ave., Chico D. Project Description and Location: Applicant Is requesting a Use Permit to construct a baro. stablesi and covered arena for the boarding and training of horses. The project Is currently zoned A-20 with a General Plan designation of 0 (Orchard & Field Crops). The proposed Improvements will occupy the southern half of the 12 acre parcel and be accessed via a driveway off of Alberton Avenue. Additional project description and area description can be found In the data sheet at the end of this document, EVALUATION OF ENVIRONMENTAL -IMPACTS gorth. Will the proposal result in: a. Unstable earth conditions or changes in geologic substructures? No X Bg0onse. The proposal Will not affect sUbsuriace earth conditions, -Mitigation: None required. b. Disruptions, displacementsi compaction or overcoVering of the soil! No . X -Response: This proposal will result In some disruption, displacement, compaction and overcovering of the site as a result ai� development of structures, driveways, parking areas, etc. The project site Is characterized by relatively level terraln Which will require only minor grading to accommodate the proposed development. This Impact is not considered significant because existing drainage 10 adequate, Mk�� None required, a. Substantial change in topography or ground surface relief featuresl No X hearly level. The proposal Will hot significantly affect topography or ground relief features because the property Is Plilga—floh., None required, I Ok I , d. The destruction, covering or modification of any unique geologic or physical,; No X foawre;s? Response: The site has no unique geologic or physical features. Mitigation: None required. e. Any substantial Increase in wind or water erosion of soils, either on or off -silo) No X ,5MM!1s--e. The proposal villl not cause substantial erosion of the soils. M111gation: None required. f. Changes in deposition or erosion of beach sands, or chainges in siltation, deposition or erosion which may modify the channel of a rivet or stream or the bed of any lake? 140 x Response,,, The proposal will not affect any watercourse. Mitigation: None required. g. Los. of prime agriculturally productive soils outside designated urban areas? Maybe X _Rjesgonse: The project site does Contain prime agriculture soils which consist of Farwell and Vina Loams� which ate generally fine, sandy soils with a depth of 2 1 -3 feet. The 12 acre parcel In question Is presently planted with 9 acres of almonds, of which 3 acres will be remov ei to accommodato the proposed facilities. This represents a 33% reduction of almond production on the parceL koivoVer, due to the agriculturall-residential Use of the surrounding area, the proposed horse training and boarding facility does not represent a sUbstPhtlal irripact to the overall availability of agricultural lands. MItIgation: None required. hi 1�xposuro of people or property tO geologle hazards. such as earthquakes, landslides, inud-slides, ground failure, or similar hazards9 No — X Rgo—onse., All of Butte County is In a Moderate Earthquake Intensity Zone VIII, Construction of buildings to Uniform Building Code standards for seismic zone 3 Will provid.- adequate protection to occupants In case of seismic activity, Miti Ation'. Norio required. —Alt, Will the proposal reSult in: a. Su bstantial air emissions or deterioration of ambient air qual!W No x 2 Response: The proposal will not affect air quality because the i, )t ­se in the number of .! -01cle trips Is hot signlfk;�Oint. Some short term air quality Impacts will probably reSUlt -i.iring the constructio -; phases of the project. Specifically Increased vehicle and equipment emissions as well as irw.ri jsed dust during site grading and preparation will occur., Additionally, there is potential for moderate increases In uust generated by traffic attending horse training shows. This impact i's not expected to be significant because attendance will ordinarily be limited to 25 or fewer people and there are no adjacent land uses that will be adversely affected by this Intermittent Impact. Mitigation: None required. b. The creation of objectionable odors? Yes X Response: The proposal to board 20 to 30 horses will create objectionable odor from horse manure on site. Applicant has indicated on his Application for a Use Permit that the manure will be removed by a disposal company. Mitigation: Applicant shall maintain a contract with a disposal company for the removal of manure a minimum of twice a month. Additionally, collection and storage of manure shall be administered to weekly with the applicant maintaining a covered compost facility. Applicant shall comply with the condition Imposed by the Environmental Health Department that the facility be maintained in a clean and sanitary manner. c, Alteration of air movementl molsture� temperature, or any change In climate, whether locally or reglonallyl No X Response: The proposal will not affect the local or regional climate. Miti-gation: None required. 3. Water. Will the proposal result in: a. Substantial changes in currents, r, the course or direction G1 water movements, In fresh Watem' No X Response: The proposal will not affect any Watercourse or the directloh and movement of any such watercoUrsesi Little Chico Creek does represent the northern border of the parcel and the applicant should be aware that, although the ptorposed construction Is in the southern '1/3 of the parcel, no development can occur within 50 foot of Little Chico Creek. Mitigation: Nohe required. b. Substantial changes in absorption rates, drainage patterns, or the rate and amount of surface runoff on-site or into ahy Water body? No X Reeponse- The project will Increase theamoUM of run-off generated due to the coveting and compaction of soft resulting from constructloh. However, the Increase Is hot expected to be significant due to the sIze of the parcel, d1stande fromarly Watercourse, and the high absorption tate of the surrounding slolls. Mitici&Itt None required. a. Need for off-siterwrface drainage improvements, including vegetation reM601, d , hannelization or culvert installation? No _�t 3 Response: No off-site surface drainage improvements are needed. Mitigation: None required. d. Alternations to the course or flow of flood waters? No X Response: The parcel is located along the 100 year flood pltilh of Little Chico Creek, but the proposal will not significantly affect any flood control functions of Little Chico Creek. Mitigation: None required. e. Discharge Into surface waters, or in any alteration ror surface water quality, includingo but not limited to, temperature, dissolved oxygen or turbidity? No X Rdsponse: The proposal will neither discharge pollutants into any surface water body nor alter any water body that could result In an Impact to water quality. Mitigation: None requited. f. Alteration of the, direction of rate of flow of ground Waters? No X Response, The proposal will hot affect the direction or flow of ground Waters. Mitigaticni None required, g. Change in the quantity nf ground waters, either through direct additions or withdrawals, Or througf, Isiterception of an k.,400 by cuts or excavations? No X ,Aesponse- The proposal will not directly affect any aquifer, Mitigation: None required, h. Substantial reduction in the amount of water otherwise available for public water supplies? No X Aesponse: A substantial reduction in public water supplies will not occur as a result of project aporovali Mitigationi None required. 1. 1 EXposUre of peop . le or property to water relatlod h6zards such as flooding? No RegiLionse: The proposal Will hot eXpose people or property to flooding. Mitigationi Nohb requited. 4. Plant Life. Will the preposid result In: a. Change in the diversity of species, or number of any native species of plants (including trees, shrubsj grasaj crops and aquatic plants)l Maybe . X Rdrndnss:� 'rhe 12 acrp parce! -n que-,."lon Is prospntly Wantpd with P oi.-res :1 ilmonds, of which .1 adras i,111 b, - removed to accommodate the proposed facilities. Thl:, represents a 83% reduction of almond production on the parcel. Hoover, duo to the agricultural-resIdential use of the surrounding area, the proposed horse training and boarding facility does not represent a substantial Impact to the overall diversity of plant life. The parcel does border on Little Chico Creek and any f� 'ire development shall adhere to a 50 foot setback from this riparian corridor. Mitigation: Require a 50 foot no-distUrbance setback from the top of bank or outer edge of the riparian vegetation, whichever Is greateri along the drainage canal that represents the southern boundary of t I he parcel and Utle Chico Creek which borders the northei i boundary of the parcel. No structures, dumpinr,, fill material, or excavatUon shall be allowed In the no -disturbance sotbacki Vegetation roamoval shall be limited to that necessary for flood control and normal orchard operations. All nativo trees, In a living condition shall be retained, All vegetation removal shall be approved by the Department of Fish a,�,,d Game prior to removal. b. Reduction of the numbers of any unique, rare or endangered species of plants? No — X Resgonse: The property does not contain habitat that would support any unPlue, rare or endangered plant species. Mitigation; None required. c. introduction of new species of plants Into an area of native vegetation, Or in a barrier to the normal replenishmeWof existing spec r les? No X Response: This, project Will hot Introduce any additional plant specles. Mitigation: None required. d. Substantial reduction in acreage of any agricul-turml crop? No X Response'- Project Will result In the removal of a small per�lentage of existing almond trees, but Will hot significantly Inipact the agricultUral-residehtial use of the parcel. -Mitigation: None required. S. An�—Imgl(:Ife. Will the proposal result in,. -c - Change In th.% diversity of species or numberz of any species of animals (birds, land animals, reptilesi fish, shellfishi benthid organisms oe lnsebt�)* Re-4ponse: The proposal Will hot result In a substantial hange In animal habitat, Miticiatiah! None reaulred. b. Reduction of the numbers of any uniqui,, rare or endangered spocies of animals! No X No . X Resp "h t animals. . The property does hot contain habitat that would support any unique, rare or endangered species of -Mitigation: None required, t a. Introducli,-)h of new specle-4 of ani.mals into an area, or in a barrier to the Miq No ration or movement of animals? Rosponse: This project will Introduce additional domestic horses Into the area. Mitigation: None required, - d. Deterioration to existing fish or wildlife habitat? No X Responsog: The site does not contain extensive fish or wildlife habitat that would be significantly Impacted by the project, Mitigat , !on: None required., 6. Noise. Will the proposal result in: a. Substantial Increases in existing noise leve , is? Maybe X Response: Existing noise levels will increase when horse training demonstrations and showsore being conducted. The level of intensity Will Vary and may be an Impact to surrounding parcelsi Noise levels are expoctnd to be greater during Initial construction activity. Mitigation: The operation of horse shows and training sessions will ',-.e conducted d! tring the hours of 8:00am and 8:00prn and shall be limited to the attendance of 25 orfewer participants. The use of any voice amplification Systems shall bellmited to the arena area and shall not exceed 65 db at any adjoining property line. Construction activity shall big limited to the hours of 8:00an! and 5:00pm Monday thru Saturday.. b. Exposure of people to severe noise levels? No X Response! The proposal Will not eXpose people to severe noise levels, .Mitigation: None required. 7. Light and Gla_re; Will the proposal produce substantial new light or glare? No , X Resiponse: the pedposal will hot result In a substantial Increase In light or glare created on site or In thevicinity. Mitigation: None required. a. Land Use. Will the proposal result In a substantial alteration of the present or planned land Use of the nrea? No X .Resbonse. The pr6po,�al Will hot alter the land use In the area. The project site Is zoned A-20 which allows one dwelling unit par go a I cees and 18 desIghaited by the Butte County General Plan as 0- Orchard and Field Crops, The proposed project conform to both the general plan and Zoning. .Mitigation., None reqUire.l. 'Z\ 1 9. Natural Resources. Will the proposai result In: a. Sub.§tantlal increase in the rate Of use of any natural resource? No X ResPonse: The Proposal will not affectair) ,atural resources. -Miti-gation: None required. b. Substantial depletion of any non-renewable natural resource? No X Response: The proposal Will hot deplete any natural resources, Mitigation: None requIred. 10. Risk of Upset. Will the proposal involvei a. A risk of an explosion or the release of hazardous substances (Includint, but not limited to, oil, pestickdes, chemicals or radiation) in the event 0, f an accident or upset conditions? No X jaesgonse: The proposal will not involve the use of hazardous materials, nor Is located close to any facilities which store or utilize such materials. Miti3ation: None required. b. Poe-sible interference With art emergency response plan or an emergency evacUatlon plan? No X Response: The proposal Will hot affect any emergency services. Miti nation, None required. 11, POPUlation, Will the proposal after the location, distributionj density, or growth rate of the human population of an area? No X .Response.,. Tho proposal Will not signifidahtly affect the popUlatlon of the area because the proposed density does not exceej that Planned and being developed In the area, Mft� None required. 12. ±19491M Will the PrOPOsalAffedt eXisting housing or create a demand for additional housing? No X Rd __v�o_nse, The proposal will not significantly affect housing demand, M1_11_1q_afIotr None required, 0, lr-4rt6P-Ortatli)[ILC!rdulationi Will the proposal result in,, a. Geheraildn of substantial additional vehicular movel-nerit! Maybe X 7 RpIponse. The proposal will represent an incremental Increase In traffic in the area. The proposed project Will g3nerate approximately 8 vehicle trips per day. Additionally, during horse training demonstrations and shows, vehicle traffic may dout'A.� or triple the vehicle trips depending on attendance. MR19gi!m Applicant shall, limit the number of vehicles at any proposed activity to no more than 25 pet day and provide advance notice to adjacent landowriers along Alberton Avemue prior to planning ouch activities. �U�. Effects on existing parking facilities or demand for new parking? Maybe X Response. The proposal W411 generate a need for parking of up to 26 vehicles during peak activity periods. The 11 proposed parking area will meet this need. Mitigation: None required. e. Substantial impact upon oxisting transportation systems, Including public transportation services? No Resl2onse: Access to the parcel is limited to Alberton Avenue which serves approximately 8 residences. While the proposal will noticeably Increase the traffic along this road, especially during events, the capacity of this roadway Will hot be significantly impacted. Mitigation.- None required. d. Significant alterations to presOnt patterns of circulation or movement of people and/or goods? No — X Response: The proposal will not alter the present pattern of circulation in the area, .Miti-gation. None required. 6. Alterations to waterbornei rail cr a1v traffic? No X Resporiset The proposal Will hot affect. tall or ale traff Ic. mitiqaticirn. None required. f. Increase In traff It hazards to motor vehicles, bicyclists or pedestrians? No � X Resoonse: This project Will hot result In traffic related hazards to motor vehlcico� bicyclists or pedestrians. Mitigation! , None requIred, 14. Public Services. Will the proposal have substantial effect Upon or result in a need for heno or altered governmental services in any of the following, areas: a. Pite Protection? Maybe --�X-- Besgonsm. Although the proposal Is hot a residential Us% resulting Impacts on fire protoction services may odcUt. 8 Mitigettm: The applicank shall pay $2oo.00 Into the Battalion 4 Butte County Water Tender Fund and provide all weather access io barn for a 40,000 pound flre apparatus.. b. Pohne protection? No X Response: No Increase In police presence Is anticipated. Mitigation: None requieed. c. Schools? No X Response:- Thta proposal will not Impact school facilities, Mitigation: Norio required. d6 Parks or other recreational facilities? No X -Resnonse: The proposal will Oot Impact the demand for park and recreation facilities In the area. Mitigation; None required. e. WO-4-1tonance of public facillitle!s InclUdinp roads? No X ARRP_onse,- The pircpostil Will not impact the need for maintenance of roads and other public facilities In the area, M1tIqa_t1ow- None required. f. other governinen,led services? No X BgOLo_n9w. The proposal will not Impact the demand for other governmental services t,1 the area, Mftia� None requited, 16. jjnq_rM- Will the proposal result in: ai Use of substantial amounts of fuel or energy? No X BM—sp_qnsw. The proposal will not utilize substantial fuel or energy. MA14alift None required, bi Substantial Increase In demand upon existing sources Of energy or require the development of new sources of energy? No BSARAaM The proposal Will hot substantially Increase the demand foe energy. MftkA!t= None required. 116. —Utilities. Will the proposal resuft In A heed tot how systems be substantial afteratloris to the following Litilitids,. a. Power or natural gas! No !Rc-;P—onse�: The p-�or=z! wil! not z:ffc-.*. Je7.�tr:c.A! Pv4ver' .�r natu, a: Cas dictributlon sterrio. Mitigation: None required. U. Uo . unication sy ems? No X Response: The proposal will not affect communication systems. Mitigation: None required. c. Water? No X .Response: The proposal will not affect public water systems. Mqlaakm None required. d. Sewer or septic tanks? No X BgVonge: The proposal will have to meet the requirements of the Butte County Environmental Health Department. -MM-gation: None requited. e. Storm water drainage? No X RepRonse. The proposal Will not significantly impact existing drainage patterns, Mitigation: None required. L Solid waste and disposal? No X RgAgArLsm The ProPosal will not affect solid waste disposal. -Mitigation: None required, M H .Lgman _Healthi Will the Proposal result Im a. Creation of tiny health hazard or potential hea , Ith hazard (excluding merital health)? No X jjgaiqqq�M The proposal Will hot create any health hazard, gftjg� None edoulred, b. Exposure of people to potent' I heh,�h In , hazards? No X AL,sp-g-n_so: The proposal will riot expose people to any health hazard, A9kaj!gM None reqUlr6d, 16. Ae-4theflris - -, . Will the proposal result In the obstruction of any scenic Vista cr view open to the public orwill tile proposal result In the creation of tin aesthetically offensive site open to publicview? No X . 10 Response: The proposal will not result IP an aesthetically offensive view because it Is consistent with sorrc,2nd!.ig davelopment. Mitigation: None required. 19. -Recreation. Will the proposal result in an Impact upon the quality or quantity of existing recreational opportunities? No X Response: The proposal will not result In an Impact on the quality or quantity of existing recreational opportunities In the area. Mit1gation: None required. 20. Cultural Resource . a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? No X Response: The proposal will not affect archeological �ltes. Altigation: None required, Should any historic or prehistoric sites, features, artifacts, or human skeletal remains be discovered during the project development, activity shall cease until a qualified professional archaeologist has been consulted to assess the archaeological or historic significance. b. Will the proposal result in adverse physical or aesthetic effects to the prehistoric or historic building, structure or obi 1 009 No X Res -o p— nsqi- The proposal Will not affect historic sites. Mirigatiow. None required. c. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? No X RgaggaW The proposal Will 'hot affect cultural resources, Mitig,atigri: . None required, d. Will the proposal restrict existing religious or sacred uses Within the potential Impact area? No Bgn-ohsO! the Proposal Will hot affect religious resources, MM9999A� None required.@ 11 01� 111.1 VAMDATORY FINlYNGS OF SI AVICAN;.;E. 1. Does the project 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 levelsi threaten to eliminate a plant or animal or eiiminate important examples of the major periods Of California history or prehistory? No X Bgp_onse. As discussed In Section 11 of this document and more specifically subsections 3, 4 and 5, this project will not significantly degrade the quality of the environment. 2. Does theproject have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, dMinitive period of time While long-term impacts will endure will into the future.) No X .Response: The project, as discussed In Section 11 of this Initial 8tudy, will not result In short-term benefits of the expense of Impacting long-term environmental goals. 3. Does thO project have Impacts which are lndFwdvatlh� 111mited. i , bui cumulatively con;stuwabie? (A project's u%n or more separate re-sourree may be r0atively small, but where the effect of the total of those impacts on the environment 19 significanQ No X Response- Thla pr6posal will not have a significant cumulative impact on the environment. As discussed In Section 11, Subsections 13 and '14 of this document, this proposol, may have a significant cumulative Impact on the environment, but this project can be mitigated to a level of insignifica-ice by the Incorporation of stated mitigation measures as part of the project approval, 4. D b oes the project have environmental effects which iA,#III cause substantial adverse effects on human be . ings, either directly or Indirectly? No , X Response: As discussed In Section ll� Subsections 10, 14 and 17 of this initial Study, this proposal will not have a 'significant adverse effect an human beings. IV, -DETERMINATION On the basis of this! initial evaluation: 1 find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared, X I find that although the proposed project COULD HAVE 6 significant effect on t I he environment, there will hot be a significant effect In this case because the mitigation measures descrIbed herein have been added to the conditions of approval for the project. A NEGATIVE DECLARATION will be prepared, I find that the proposed project 'MAY have a sighificaht effect oil the envItohmellt, and all ENVIRONMENTAL IMPACT REPORT Is required. Date: December 21, 1993 Prepared by: Stephen A. Lucas Reviewed by: - 411L--�--UI-11-0� 12 Y,vv V. MITIGATION MEASURES AND MONITORING REQUIREMENTS 1. Applicant shall maintain a contract With a disposal company for the removal of manure a minimum of twice a month. Additions.11y, collection and storage of manure shall be administered to weekly with the applicant maintaining a covered compost facility. Applicant shall comply with the condition Imposed by the Environmental Health Department that the facility be maintained In a clean and sanitary manner. 2. Require a 50 foot ho -disturbance sotback from the top of bank or outer edge of the riparian vegetation, whichever Is greater, along the drainage canal that represents the southern boundary of the parcel and Little Chico Creek which borders the northern boundary of the parcel. No structures, dumping, fill material, or excavation shall be allowed In the no -disturbance setback. Vegetation removkl shall be limited to that necessary for flood control and normal orchard operations. All native trees, In a living condition shall be retained, All vegetation removal shall be approved by the Department of Fish and Game prior to removal, 8. The operation of horse shows and training sessions Will be conducted during the hours of 8:00am and 8:00pm and shall be limited to the attendance of 25 or fewer participants. The use of any voice amplification systems shall be limited to the arena area and shall not exceed 65 db at any adjoining prnperty line, Construction activity shall be limited to the hours of 8:00am and 5:00pm Monday thru Saturday.. 4. Applicant shall limit the number of vehicles at any proposed activity to no more than 25 per day and provide advance notice to adjacent landowners along Alberton Avenue prior to planning such activities, 5, the applicant shall pay $200.00 Into the Battalion 4 Butte County Water Tender Fund and provide all weather access to barn for a 40,000 pound fire apparatus, 13 A. Pro'ect Descriptio 1. Type of Project: Use Permit for a horse training and boarding faclItly, 2. Proposed Density of Development: Boarding of 20 horses. 3. Amount of Impervious Surfacing: 5760 sq ft. 4. Access and Nearest Public Road(s).- Alberton Avenue 5. Method of Sewage Disposal: Individual septic systems and a disposal company will remove horse manure. 6. Source of Water Supply: individual wells. 7. Proximity of Power Lines., To property. 8. Potential for further land divisions and developmenti None under existing zoning. B. gn �vircnmehtal Setting 14 Terrain a General Topographic Character: Flat agricultural land b. Slopes: Less than 2% c. Elevation, feet above sea level. 135'-140' above sea level. d. Limiting Factors. None 9. Soils a. Types and Characteristics: Farwell and Vina Lo.-ris 2-4 feet deep. b. Limiting Factors: Moderate liquefaction 3. Natural Hazards of the Land a, Earthquake Zone: Moderate Earthquake intensity Zone Vill, b. Erosion Potential: Very low to low, c. Landslide Potential: None di Fire Hazard: Very Low e. Expansive Soll Potentlalm Low to moderate 4, Hydrology a, Surface Water: Little Chico Creek represents northern boundary of percel and a drainage dithc represents the southern boundary. b. Ground Water! Abundant Valley aquifers. c. Drainage Characteristics-, Drainage occurs In northWesterly pattern. d. AnnUal Rainfall (normal): inches pet year. 20"-22" per year, e, Limiting Factors, None. 5. Visual/Scenic Quality: Good, 6, Acoustic Mallt:Y'o Good. the valley. 7. Air Quality: Good I except when stagnant air conditions persist In 8. Vegetation, Agricultural use with almond production. 9. Wildlife HabItat-, Small birds and animals common to valley grasslands. Non-c1ritical Winter habitat foe the deer herd. 10. Archaeological and Historicall Resources in the arom Little Chico Creek represents A low sensitivity area. 11. Butte County General Plan designation! orchard ahf Field crops, 12, Existing Zoning-, A-20 (AgricolItUral 20 acre minimum) Ing, and almond orchard, M Existing Land Use oh -site: s ngle-family dwelling, horseboard 14. Surrounding Area: ai Land Uses' Orchard production and single-family homes. b. Zoning, A-20 (AgricultUra-1 20 acre minimum), c. Gen. Plan Desighatloh: Orchard and Field Crops d. Parcel Sizes., 2-700 abresk 15, Character of Site and Area: Generally agricultural orchard peodUctloh with scattered single-family homes. 14 16. Nearest Urban Area, Chico 17. Rdlevent Spher2s Of '-flL'9rM' 0,hICC 18. Improvement Standards Urban Area: None 19. Fire Pintection Service: West Chico Fire Assessment Area ($175.00 per lot). a. N4arest County (State) Fire Station: Sti *Ir�n number 44 approximately 7 miles away. b. Water Availabilitye Fire tankers only. 201. Schools: Chico Unified School District. ENVIRONMENTAL REFERENCE MATERIAL 7. 8. Butte County Planning Department. Earthquake -and Fault Activity Mar) I 1 -1, Seismic Safety Element. orovIlle, CA: cH2M Hill, 1977i Butte County Planning Department. Liquefaction Potential Map 11-2, Seismic Safety Element. Orov'111% CA: CH2M Hill, 1977i Butte County Planning Department. Subsidence and Landslide Potential Map 111-1, Safely Element. Oroville, CA CH2M Hill, 1977. Butte County Planning Department. Erosion Potential Map 111-2. Saf@N Element Orovillej CAO CH2M Hill, 1977. Butte 0=0 Planning Department, Exr)ans! e Soils Man 111-3, Safety Element. Oroville, CA: CH2M ' Hill, 1977. Butte County Planning Department. Nois. E emeht Mar) IV -1. Scenic Highway Element. Oroville, CA CH9M Hill, 1977. Butte County Planning Department. Scenic Highways Map V -J. Scenic Highway Element. Oroville, CAii CH2M Hill, 1977, Butte County Planning Department. Naq.eljqLf�azard Classes MaI2 111-4. Saf Element, Oroville, CA: CH2M Hill, 1977. Butte County Planning Department. Archaeological Sehslt!Vlly MaN Oroville, CA; James P, Manning, 1983. Butte County Planning Department. School District MaI2. Oroville, CA. Northwestern District Department of Water Resources, Chico Nitrate Study Map, Nitrate Concentration In Shallow �� 'rhe Resources Agency, State of California, 1983. Butte County Board of Supervisors, Agricultural Preserves Man, establi hed by Resolution No. 61-178. Oroville, CA,. Butte County Planning Departmentj 1987. National Flood Insurance Program. Flood Insurance Rate Mal2s. Federal Emergency Manarjement Agency, 1989, USGS Quad Maps. soil Mam Chico (1925) /Oroville (I 92M Area, United States Department of Agriculture. Soil Survey of Chico (1925)JOroville (1926) Areai Unit, tate Depa f Agriculture, hty Fire Butte County Planning Department, Butte Counly Fire Protection Jurisdictions and Facilities Man. Butte COU Department and California Department of Forestry, 1989. is STATES POSTAL SERVICE L v P,m AU Official Ousinen 11L . I PENA , Ir I- '? 17 JU USE TO -pal ME OftpjT_A�GE.$.jQQ,. Print your na e addr and ZIP Code hete t�v .013 % SENDER. i Complete Items I bndjor 2 for additional service$. I also wish to MCQIV�,-,g! following sativices (for an I ; U . cornoictaItims 3. and 4o & b, 6 Print your naMO and address on the reverse of this form so that we can ioe)-q w 0 return this card to You. - Attach this form to the front at the hjalIpIbdd# ot on the back If space 0 Addressee's Address does not pbrrelt� - Wilts "Aeturn Accolptnequostod" ontho mallploca below the article huniber' am the article was delivered nod'tho date H�� 21 ORestricted DelIVerV for - 7bb Return NOW Will show to wh delivered" Consult o6tmdster fee. CC I 0 -- ssed to: 4a Article Number 3. Attl daree 10 7 4� o Ro-serriary 4b. Service Type PC E [3 Registered4 Insured .0 10(76 1q,V e I,c COD M (:!�h 10— 0 114� qVFZ9 Exotddg ME1111 Return. Receipt for Meechand_We tit cc 7. Date, of ellver 0 seei 8, , dr ssees Ad a (Or ly if request d a M and ae Is paid) 0 re, Ag X, 0 *u,1S,GFO!j9O2--323-402 DOMESTIGRETURN RECEIPT P rM 0 1 14 UO 0111UM I MEMORANDUM TO: Honorable Chair and Planning Commission FROM: Barry K. Hogan, Planning Manager BY: Stephen Lucas, Planner SUBJECT: Use Permit / Bodarke AP# 039-140-013. Additional condition to be added to existing staff report. DATE: 22 February 1994 ABSTRACT: This Use Permit application is scheduled for the 24 February meeting, Staff, has identified 8 conditions in making a recommendation for approval and will at this time add an additional condition. DISCUSSION: CoiWition #9 will read, !'Applicant shall provide proof of Uniform BUIlding Code compliance to the satisfaction of Building officials and Planning Manager prior to issuance of Use Permit," RECOMMENDATION: it remains the recommendation of staff that thki Use Permit be approvV-d as currently amended. SAL:sal BUtte CoUhty m Dopartmerit of DeVelopineilt SerViCes Plannino P!Vlsloh I a /FED s p w i C d .$ RECEIPT 14044 OFFICIAL RECEIPT COUNTY OF BUTTE' STATE OF CALIFORNIA OFFICE OF PLANNING ISSUED BY 151 MELVIN d0DARKE R,C..SODARKE 10176, ALBERTON AVF— _1 9 22:7WO/43 CHICO, CA 95928 PAYTUTHE ORDEROF DOLLARS Sacramento. Savings Bank CHICO ISOUTH OFFICE 2485 Notre Dame Blvd.. Ste -750. Chfco, CA95928 ?G30 Si -.0 J�,g 1 2 014363 OD LAFCO PUOLIC O—ER APPLICANT RECEIVED FROM WORKS, ER..TS Ocu�M.Ts C.LT RECEIPT 14044 OFFICIAL RECEIPT COUNTY OF BUTTE' STATE OF CALIFORNIA OFFICE OF PLANNING ISSUED BY 151 MELVIN d0DARKE R,C..SODARKE 10176, ALBERTON AVF— _1 9 22:7WO/43 CHICO, CA 95928 PAYTUTHE ORDEROF DOLLARS Sacramento. Savings Bank CHICO ISOUTH OFFICE 2485 Notre Dame Blvd.. Ste -750. Chfco, CA95928 ?G30 Si -.0 J�,g 1 2 014363 OD BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that public hearings will be held on Thursday, February 24, 1994, in the Butte County Board of Supervisors,' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item at the following time: ITEM DETERMINED TO BE CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW 9:00 a.m. Linda A. Souza - Variance to the front yard setback to allow a garage 42 feet from road centerline on property zoned R-1 (Residential) located on the north side of El Paso Way, approximately 170 feet west of White Avenue at 2422 El Paso Way, identified as AP 007-080-010, Chico4 (SMH) ITEM ON WHICH A NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS HAS BEEN RECOMMENDED 9:00 a.m. - Rosemary and Melvin Bodarke - Use Permit to allow a horse arena, boarding and training of horses on property zoned A-20 (Agricultural - 20 acre parcels) located at the end of Alberton Avenue, south of Chico River Road, at 10176 Alberton Avenuej identified as AP 039-140--013, Chico. (SAII) The above mentioned applicationse maps, and Negative Declaration .,ire on file and available for public viewing at the office of the Butte County Planning Departmentt 7 County Center Drive, OroV11110, California. If you challenge the above applications in courto you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commilssionj at or prior toj the public hearing. BUTTE COUNTY PLANNING COMMISSION BARRY K. HOGAN, PLANNING 14ANAGtR To be published in the Chico Enterprise Record on Thursday, January 20, 1994. 8U.11YO .61oun PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE.' (916) 538-7601 FAXt (916) 538-7786 December 27, 1993 Melvin and Rosemary Bodarke 10176 Alberton Avenue Chico, CA 95928 Re: Use Permit AP No. 039-140-013 Dear Mr. and Mrs. Bodarke: An Initial Study of your proposed p Ject, a Use Permit to construct a bam, stables, and r0i covered arena for the boarding and training of horses, indicates potentially adverse impacts to the environment (refer to the enclosed. environmental checklist). To reduce or eliminate these impacts, suitable mitigation measures are required as part of the project. Otherwise, an Environmental Impact Report (EIR) is required pursuant to the California Environmental Quality Ac' An early response to this notification, 'it to the Planning Division, will expedite the scheduling of your project, Please forwmJ your written response within 15 days from the date of this letter. Should you have any questions regarding this matter, please contact this office between &00 a.m. and 4:00 p.m., Monday through T'hursday. Sincerely, Paula LeasUre Principal Planner Stephen A. Lucas Assistant Planner PL-.SAL:bd Enclosure t�V-PkTTE COUNTY PLANNING COMMT��--�ON 7 County Center Drive, Oroville, CA 95965-3307 rum E � V E (PIG) 538-7601 OFO, 21993 ,D-EP,qMENT OF FORESTRY' - TO: County Fire Department/CDF DATE: December M OUNTY RE: PROJECT REVIEW & ENVIRONMENTAL EVALUATION Enclosed is preliminary data our office has received or generated concerning the following project: Use Permit to allow a horse arena and boarding and training of horses. Located at the end of Alterton Ave. south of Chico Rivet Road at 10176 Albemton A�ze-, rbica- AP # 039-140-013 We are making an assessment of possible environmental impacts and will be preparing an environmental dodument$ either a Negative Declaration, Negative Declaration with Mitigation Measures or an Environmental Impact Report (EIR)i Please provide any factual.statanqents, ideas for investigation, or opinions you can offer in your area of concern orexpertise that relate to either physical, social, or economic impacts that this project may generate. Please respond within 14 days of the above -noted date. If no response is generated by this inquiry, then it shall be assumed that there are no significant environmental 'impacts which are potential from the project. Wt appreciate any assistcrce you can providei Sincerely, 6:2—. -D, �, Larry Pai(rd-er Planning Technician Comments. -0A f Does Your agency wish to receive a copy of the environmental document ('initial Study fOr Negative Declaration (with or without Mitigation Measures) or EIR for this project). Yes No a Planning boparlmont D -EC 0 6 1,993 TE COUNTY PLANNING COMMI,-"�ON 7 County Center Drive Ornville, CA 959651-33,97 (916) 538-7601 TO: County Public Works DATE: December 1, 1993 RE: PROJECT REVIEW & ENVIRONMENTAL EVALUATION Enclosed is preliminary data our office has received or generated concerning the following project: Use Permit to allou a horse arena and boarding and training of horses. Located at the end of Altetton Ave. south of .Chico RiVer Road at 10176 Alberton Aver, Ch'rin� AP # 039-140-013 We are making an assessment of possible environmental impacts and w ill be preparing an environmental document, either a Negative i Declaration, Negative Declaration with mitigation Measures or an Environmental Impact Report (EIR). Please provide any factual statements, ideas for investigation, or opinions you can offer in your area of concern or expertise that relate to either physical, social, or economic impacts that this project may generate. Please respond within 14 days of the above -noted date. if no response is generated by this inquiry, then it shall be assumed that there ate no significant enviro�.imental impacts which are potential from the project. We appreciate any assista,,ce you can provid- Sincerely, J- -- P4--a-� I ,.,try Pa' er -E -a. — - - - Planning Technician Comments:. 4-ded. Does your agency wish to receive a copy of the environmental dodument (initial study for Negative Declaratioll (with or without Mitigation Meastrds) or tIR fo". this project). No j ., p x � � � � TE COUL. -1 PLANNING Ccumip.�' 7 County Center Drive Oroville, CA 95965-3397 (916) 538-7601 TO: County Environmental Health DATE: December 1, 1993 RE: PROJECT X..' & ENVIRONMENTAL EVALUATION i Enclosed is preliminary data our office has received or generated concerning the following project: Use Permit to allow a horse arena ancA boarding and training of horses. Loca,sd at the end of Alterton Ave. south of Chico River Road at 10176 Alberton Ave., Chiro, AP # 039-io-on we are making an assessment of possible environmental impacts and will be preparing an environmental document, either a Negative Declarationi, Negative Declaration with mitigation measures o17 an Environmental Impact Report (EIR). Please provide any factual statements, ideas for investigation, or opinions you can offer in your area Of concern or e:kIertisd that relate to either physical, social, or economic impacts that this project may generate. Please respond within 14 days of the above-hoted date. If no response is generated by this inquiry, then it shall be that there ate no significant environmental impacts whic! are potential from the project. We appreciate any assistance you can ptovidd4 Sincerely, 6L:a!r!ri ZYP a �-e r Does your agency wish to receive a copy of the environmental document; tihitiAl study for Negative Declaration (with or without Mitilqatioan Measures) or =R for this project)i Yes, No