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lia-421040-020-0339128
use permit/var'.
"Houseman, Al,b,a 93-28 93�11,
Permit # 93nZ? Lp:n'C�IaMC-W SUM"2Nnw sn3.:rm;w�, �040-Q29-033
77
_77T69 110- File 09;
Alba Houseman' North Star Engineering,.-
appliwt representative
ADDRESSt 10 McFaddqnlLane, 20 Declaration Drive
Chico, CA 95928' Chico, CA, 95926
342-9563
HOUSEMAN
property ownor
ADDRESS i
F-- rr-E-:Z-% VT 'TU PVLLO�Pl' —L (A'*- 5�ep < 0
r e
I
tw, cLy-%, oLxa. 0- V 0L'VkC--%,.0 C-ct-a
on property zoned A-iO on the SE corner of Midway and MCFadden Lane at
ocat6d
10 McFadden Lane e4 as AP 040-020-33,128town/area: Chico
identif i
GENERAL PLAN DESIGNATION Otchard & Fiel,(Lcrops
PRE4PP FEE PAIDI $ RECEIPT WiDERi
APPLICATION ACCEPTED; FINAL APP . ]PAIDS $ -7 K) RECEIPT ruamt 15 cA 1-) 5
'EZOHIUG PETITION SIGNATUREJ CRECKED PERCENTAGES
HAILING LIST PREPARED
HAIL -OUT NOTICES WRITTEN
NOTICES kAILED MMERS
LEVAL DESCRIPTION PREPARED
PUBLICATION NOTICE tIRITTEN
DISPLAY AD PREPARED
NEWSPAPER PUBLICATION 0 P G D R DATE OF PUBLICATY031
INITIAL STUDY PREPARED
EW�IRUNHV= Dr.7EMINATIONi Categoridal U64tion FILEM
Negative Declaration FILEDI
Nitipted OegatiVe badar&tidn FILEDI
Environmental 14Act Report
SUN CLE&-RING11OUSE WMER1
APPLIOANTNEVOIENTATIVE NOTIFICATION OF VIVIROMENtAt DETERMINATiOtf
lid.
BOARn or sUrEAVISORSO 11FARINGI(S)i
'Ittaftiou 1AMBL% WAS)
M)OPrED I
93-379 hearing - North star Ingineering on behalf of Alba
Hdasenmn - consideration ol� an appeal of 'the Planning
0.,tmmiosion Is approval of a use permit (item determined to
be a general rule exemption from environmental review) to
allow 'the segregation of a homesite in an agricultrral
zone and a variance to the required site area on property
,..,,oned A-20 (agricultural - 20 acre parcels), property
1-ocated on the southeast corner of Midway and McFadden
Lane at 10 McFadden Lane, AP 040-020-033, 1281 Chico
area. (2155) (***Oo)
(CHAIR DOLAN PRESENT)
9) MOTION: I MOVE TO A. FIND THAT THE PROJECT IS NOT
'0 SUBJECT TO ENVIRONMENTAL REVIEW UNDER �r.QA AS
_7�7 PER THE GENERAL RUIZ EXEMPTION; B. FIND THAT
THE PROPOSED USE OF THE PROPERTY WILL NOT
IMPAIR THE INTEGRITY AND CHARACTER OF THE ZONE
IN WH.,tCH THE LAND LIES AND THAT THE USE WOULD
NOT itt UNREASONABLY INCOMPATIBLE WITH OR
INJURIOUS TO SURROUNDING 'PROPERTY OR
DETRIMENTAL TO THE HEALTH, SAFETY, AND GENERAL
WELFARE OF THE PERSONS RESIDING OR WORKING IN
THE NEIC-11BORHOOD OR TO 'THE GENERAL HEALTH
WELFARE AND SAFETY OF THE COUNTY, BECAUSE THE'
GRANTING OF THIS USE PERMIT WILL NOT AFFECT
THE ONGOING AGRICULTURAL OPERATIONS ON SITE
AND THE RECOMMENDED CONDITIONS WILL BRING THE:
PROJECT INTO SUBSTANTIAL COMPLIANCE WITH THE
ORDINANCE.?' AND C. GR.ANT A USE PERMIT TO ALLOW
THE SEGREGATION OF A ONE TO TWO ACRE HOME SITE
AND A VARIANCE TO THE 2 0 ACRE REQUIRMIENT OF
THE HOMESITE SEGREGATION ORDINANCE ON AP 040-
020-033 AND 028 (HOUSEMAN) I SUBJECT TO THE
FOLLOWING CONDITIONS: 1 PARCELS To Bri
CREATED PURSUANT To CHAPTER 20 OF THE BUTTE
COUNTY CODE AND THE STATE SUBDIVISION MAP
ACT41i PRIOR TO THE DIVISION BEING
EFFECTIVE, THE 014NER OR OWNERS OF THE PROPERTY
INCLUDED IN THE APPROVED DEvEL0PmzNT 4,AtjALL
EXECUTE AND CAUSE TO BE RECORDED IN THE OFFICE
OF THE rttCORDIE'R OF BUTTE COUNTY, A RESTRICTION
BINDING UPON THE ORIGINAL OWNERS AND THEIR
HEIRS, SUCCESSORS"'I AND ASSIGNS, WHICH
DISALLOWS ADDITIONAL DWELLINGS FROM BEING
LOCATED ON THE AGRICULTURAL PROPERTY OR THE
AGRICULTURAL SEGREGATION PARCEL; 3. THE USE
PERMIT AND COVENANT SHALL BE IN FORCE FOR A
MINIMUM OF TEX YEARS FROM THE TIME OF
Aftft CdbNTY BoAhb 6F 81jMvi SORS'!�UTt8 - patbbdt
'tL -ONT
RECORDING' OF THE COVENANT AND wi c INUE
UNTIL THE APPLICANT APPLIES FOR TERMINATION OR
PARTIAL TERMINATION THEREOF. 1 4. APPLICATIONS
FOR TERMINATION OR PARTIAL TERMINATION SHALL
BE CONSIDERED IF THE SAME MANNER AS
APPLICATIONS FOR USE PERMITS, PURSUANT TO
SECTIONS 24-43 THROUGH 24-48 OF THE BUTTE
COUNTY CODE. THE PLANNING COMMISSION OPTIONS
FOR ACTION ON SUCH APPLICATION ARE:
(A) TERMINATE OR PARTIALLY TERMINATE THE
COVENANT AND RI 'OVE CONDITIOliS FROM USE
PERMIT. APPLICATIONS FOR TERMINATION OR
PARTIAL TERMINATION TO BE ACCOMPANIED BY THE
FEE SET BY RESOLUTION OF THE BOARD OF
SUPERVISORS TO BE DEPOSITED IN THE COUNTY
GENEPJ.lj FUND, No PART OF WHICH SHALL BE
RETURNED TO THE APPLICANT.; (B) EXTEND THE
COVENANT FOR A PERIOD NOT TO EXCE ED TEN (10)
YEARS.; AND (C) CONSIDER THE AREA FOR A
CHANGE IN DESIGNATION FROM ORCHARD AND FIELD
CROPSf GRAZING AND OPEN LAND, OR AGRICULTURAL -
RESIDENTIAL TO A NON-AGRICULTURAL DESIGNATION
UNDER THE GEME'RAL PLAN.; 5- THE 'USE PERMIT
AND COVENANT SHALL BE IN I FO RCE FOR THE AGREED
UPON TIME UNLESS THE GL,,�XRAL PLAN IS AMENDED
AND THE PROPERTY IN QU I ESTION 13 NO LONGER
DESIGNATED AGRICULTURAL- IF THIS SHOULD 0CCURv
THE APPLICANT MAY APPLY FOR TERMINATION OF THE
COVENANT 6. 1 T SHALL BE THE DUTY OF THE
SELLER OR HIS AGENT TO INFORM ANY POSSIBLE
BUYER OR HIS AGENT OF TH9 EXISTENCE OF THE
COVENANT AND OF ITS TERMS4; 74 WITHIN 10 YEARS
FROM THE DATE OF THIS USE PERMIT APPROVAL,
REMOVE THE TWO EXISTING MOBILE HOMES FROM THE
HOME SITE PARCEL SO THAT ONLY ONE RESIDENCE
REMAINS. ; 8. MEET THE REQUIREMENTS OF THE
BUTTE COUNTY ENVIRONMENTAL HEALTH DEPARTMENT;
AND 9. APPLICANT MUST ALSO COMPLY WITH ALL
OTHER APPLICABLE STATE ANT) LOCAL STATUTESi
ORDINANCES AND REGULATIONS -
M S
MOTION'. 1 Y 2 Y 3 Y 4 N 5 Y (Mbtidn Carried)
bcto�bdr 12� 00
(93-37q' 1� Public hearing - North star Engineering on behalf of Alba
Houseman - consideration of an appeal of the Planning
commission's approval of, a use permit (item determined to
be a general rule exemption from environmental review) to
allow the segregation of a homesite in an agricultural
zone and a variance to the rdquired sLte area on I property
zoned A-20 (aqricul,�-Ural - 20 acre parcels) , property
located on the southeast corner of Midway and McFadden
Lane at 10 McFadden Lane, AP 040-020-033, 128. Chico
area. (2155) (***Oo)
MOTION: I MOVE TO A. FIND THAT, THE PROJECT IS NOT
SUBJECT TO ENVIRONMENTAL REVIEW UNDER CEQA AS
PER THE GENERAL RULE EXEMPTION; B. FIND THAT
THE PROPOSED USE OF THE PROPERTY WILL NOT
IMPAIR THE INTEGRITY AND CHARACTER OF TEr.- ZONE
IN WHICH THE LAND LIES AND THAT THE. USE WOULD
NOT BE UNREASONABLY INCOMPATIBLE WITH OR
INJURIOUS TO SURROUNDING PROPERTY OR
DETRIMENTAL TO THE HEALTH, SAFETY, AND GENERAL
WELFARE OF THE PERSONSAESIDING OR WORKING IN
THE NEIGHBORHOOD OR TO THE GENERAL HEALTHO
WELFARE AND SAFETY OF THE COUNTY, BECAUSE THE
GRANTING OF THIS USE PERMIT WILL NOT AFFECT
THE ONGOING AGRICULTURAL OPERATIONS ON SITE
AND THE RECOMMENDED CONDITIONS WILL BRING THE
PROJECT INTO SUBSTANTIAL COMPLIANCE WITH THE
ORDINANCE; AND C. GRANT A USE PERMIT To ALLOW
THE SEGREGATION OF A ONE TO TWO ACRE HOME SITE
AND A VARIANCE TO THE 20 ACRE REQUIREMENT OF
THE HOMESITE SEGREGATION ORDINANCE ON AP 046-
020-033 A14D 028 (HOUSEMAN) 0 SUBJECT TO THE
FOLLOWING CONDITXONS.- 1. PARCELS TO BE
CREATED PURSUANT TO CHAPTER 20 OF THE BUTTE
,Wttt dOUNTY WARb OF 8UPERVtSOA0 141NOTE8 Oetbbet 120 003
COUNTY com., Am!) r-alF STATE SUBDIVISIOIN KAP
ACT. 2. PRIOR TO THE DIVISION BEING
EFFECTIVE, THE OWNER OR OWNERS OF THE PROPERTY
INCLUDED IN THE APPROVED DE','r,,LOPMNT SHALL
EXECUTE AND CAUSE TO BE RECORDED IN THEOFFICE
OF THE RECORDER OF BUTTE COUNTY, A RESTRICTION
BINDING UPON THE 0,",'%IGINAL OWNERS AND THEIR
HEIRS, SUCCESSORS, AND ASSIGNS, WHICH
DISALLOWS ADDITXONAL DWELLINGS FROM BEING
LOCATED ON THE AGRICULTURAL PROPERTY OR THE
AGRICULTURAL -SEGREGATION PARCEL; 3 i THE USE
PERMIT AND COVENANT SHAIZ BE IN FORCE FOR A
MINIMUM OF TEN YEARS FROM THE TIME OF
RECORDING OF THE COVENANT AND WILL cog-riNuE
UNTIL THE APPLICANT APPLIES FOR TERMINATION OR
PARTIAL TERMINATION THEREOF.; 4. APPLICATIONS
FOR TERMINATION OR PARTIAL TERMINATION SHALL
BE CONSIDERED IN THE SAME MANNER AS
APPLICATIONS FOR USE PERMITS, PURSUANT TO
SECTIONS 24-43 THROUGH 24-48 OF THE BUTTE
COUNTY CODE. THE PLANNINGCOMMISS ION OPTIONS
FOR ACTION ON SUCH APPLICATION ARE:
(A) TEMIIMATL OR PARTIALLY TERMINATE THE
COVENANT AND REMOVE CONDITIONS FROM USE
PERMIT. APPLICATIONS FOR TERMINATION OR
PARTIAL TERMINATION TO,B2 P-.COMPANIE'D BY THE
FEE SET BY RESOLUTION OF THE BOARD OF
SUPERVISORS TO BE DEPOSITED IN THE, COUNTY
GENERAL FUNDo NO PART OF WHICH. SHALL BE
RETURNED TO THE APPLICANT.; (B) EXTEND THE
COVENANT FOR A PERIOD NOT TO EXCE ED, TEN
93-379 YEARS. 04 AND (C) CONSIDER THE AREA FOR A
CHANGE IN DESIGNATION FROM ORCHARD AND FIELD
CROPSo GRAZING AND OPEN LAND, OR AGRICULTURAL -
RESIDENTIAL TO A NON-AGRICULTURAL DESIGNATION
UNDER THE GENERAL PLAN.; 5. THE USE PERMIT
AND COVENANT SHALL BE IN FORCE FOR THE AGREED
UPON TIME UNLESS THE GENERAL PLAN IS AMENDED
AND THE PROPERTY IN QUESTION IS NO LONGER
DESIGNATED AGRICULTURAL. IF THIS SHOULD OCCUR,
THE APPLICA14t MAY APPLY FOR TERMINATION OF THE
COVENANT.; 6i, IT SHALL BE THE DUTY OF THE
SELLER OR HIS AG ENT TO INFORM ANY POSSIBLE
13UYER OR 'HIS AGENT OF THE EXISTENCE OF THE
COVENANT MD OF ITS TERMS.; 7. WITHIN 10 YEARS
F',0M THE DATE r,,r THIS USE PERMIT APPROVAL,
REMOVL THE TWO EXISTING MOBILE HOMES FROM THE
HOME, SITE PARCEL 80 THAT ONLY ONE, RESIDENCE
REMAINS. " 8. MEET THE REQUIRrMNTS OF THE
BUTTE COUNTY ENVIRONM14TAL HEALTH DEPARTMENTI,
AND 9. APPLICANT MUST ALSO COMPLY WITH ALL
OT14E J R_ APPLICABLE STATE AND LOCAL STATUTES,
ORbIWLNCESl AND REGULATIONS -
MOTION: j Y 2, Y 3 Y 4 N 5 Y (Motion CEirried)
BU . TTE abulift-bOArib OF OPEIM809s Wotg8. od�pbdt 12�,00
Alba Houseman (Item determined to be a General Rule
Exemption f rom environmental review) Use Perm'
it to allow the
segregation of a homesite in an agricultural zone and - a
Variance to the required site area on property zoned A-20
(Agricultural - 20 acre parcels) located on the southeast
corner of Midway and McFadden Lane at 10 McFadden Lane,
identified as AP 040-020-033, 128, Chico. (CBS� (Continued
open from August 12, 1998)
Staf f said the item had been I continued open in order that the
entire Planning Commission might be presenti A letter was
submitted by Carl Loverenz with an attached site plan which revises
the request by reducing the size of the segregated parcel by 1/2
acre, and thus retaining more land in the agricultural parcel.
Chairman Lynch said that the agricultural -parcel would still
contain less acreage than that required by the -zone.
Staff said that is correct.
Hearing open to the public.
Myles Purtejovsky, of NorthStar Engineering, representing the
applicant, said the revised plat was provided in order to put more
acreage in the ag parcel, which still contains less than the
required acreage4 The intent of Ordinance 24-54 appears to be to
remove the dwellings from the ag parcel. In this case the
d,Tellings include a shed, pump house and two mobilehomes in
addition to the housei
Chairman Lynch said that at the previous hearing there was a
problem with the residences being on the remaining agricultural.
land.
Mr4 Pustejo-�aky said they are not oft the aq parcel on the revised
plat.
Commissioner Lambert said that the ordinance states that all
I
dwellings muist be shown on the mapi but it 'is clear that one
existing home may be segregatodb showing all dwellings 19 not the
same as segregating all dwellings.
Commissioner Xel8on said it is clear that the ordinance states that
the purpose is to allow the segregation of one (1) existing home4
Hearing closed to the public.
Chailttt,ian tynch tioll:ed that the commissioners ate not held to vote
the same way tltty did previouslyi
V. A gti!�
UY, 1�90
Staf f said tlie, Ordinance talks about segregation of one unit.
There are situdt�ons in the County of having mor -1. than ons dwelling
on an agricultural parcel such as with Aunt Minnies or ag worker
housing. The ordinance might have to be re-examined as to how to
best handle such situations in wb';Lch there is more than one
dwelling involved with an ag segregation. There is the potential
of setting a precedent by approving this request.
Chairman Lynch noted that Commissioner Nelson who was absent from
the previous meeting, has since read the minutes and listened to
the tapes of the P-, Aous meeting.
Commissioner Ferguso�n said that the code is clear and, this is an
Unusual situation. The property has two legal mobiles which the
county allowed. The segregation issue is a separate is.su.-
Commissioner Nelson said the mobiles can be segregated into the
larger parcel.
Commissioner Lambert said that can't really be done because of the
zoning requirements.
Chairman Lynch said the applicant can remove the mobile homes and
then the one residence can be segregated according to the
requirements of Section 24-54i
Commissioner Ferguson said that since the county allowed the
mobiles to be installed, it should not require that they be
removed. It would be "cleaner" but the applicant would be
,financially penalized.
Commi8sionor Nelson said the ar�pllcant would not be denied any
tights by being allowed to segregate the property. The ordinance
was sot up with a specific 'Intent.
Commissioner Lambert asked why the Commission should be obligated
to allow the applicant to segregate off 2 acres of a parcel that
doesh,t meet the zoning now.
Chairman Lynch noted that there is a 'total of 18.2 acres.
commissioner Lambert said that originally t I here was about 20 acres
and then aparcel was deeded off to a son, which was perhaps done
prior to the present 2onei
chairman Lynch said that the gone was theft A -12i
.1 t 1 :6
Commissioner Lambert said that there is a parcel that is par o an
underlying subdivision that has the potential for subdivision. Two
mobile homes have been allowed in an ag z6neb The applicant has
St- 26 993�
T_ PtANNINO, 0O,Mt8816N-)A1MtA95 -n
E 0001i.ty.'J- �'j
had a lot of benefits in an ag zone that other people have not
received, and now he wants another.
How many benefits will be
granted to this person that are not granted to others? The zoning
is hot met, nor the acreage, nor the intent of ag segregation of
one residence. A precedent: should not be set by granting the
reques4-
s t. .
Commissioner Sessions said that the applicant owns the property and
it will not hurt anybody to let him be able to what he wants with
it.
It was moved by Commissioner Ferguson and seconded by Commissioner
sessions, for approval as follows: (The same motion as in the
minutes of August 12, 1993, and the same as that recommended in the
July 151 1993, staff report with the deletion of condition 7 and
the addition of condition 9.)
A. Find thal,�. the project is not subject to environmental review
under CFQA as per the general rule exemption; and
B. Find that the proposed use of the property will not impair the
integrity and character of the zone in which the land lies and
that the Use would not be unreasonably incompatible with or
injurious to surrounding property or detrimental to the
health, safetyj and general welfare of the persons residing or
working in the neighborhood or to the general health, welfare
and safety of the County, because the granting of this use
permit will hot affect the ongoing agricultural operations on
site and the recommended conditions will bring the project
into substahtlial dompliahco with the ordinance. and;
C. Orant a usePermilt to allow the segregation of a one to two
acre home site and a variance to the 20 acre requireraent of
the h6mesite segregation ordinance on AP 040-020-038 & 028
(Houseman)t subject to the following conditions:
1 Parcels to be created pursuant to Chapter 20 of the Butte
I
County Code and the State Subdiv'sion Map Act.
2. Prior to the division being effective, the owner or
owners of the Property included in the approved
development shall execute and cause to be recorded in the
office of the Recorder of Butte County, a restriction
binding upon the original owners and thair heirbi
8ucce8sorst and assigns, which disallows additioftal
dwellings from being located on the agricultural property
or the igricultural segregation parcel.
8. The Use Permit and covenant shall be in force for a
minimum of 10 years from the time of rbcordihg of the
dOVdft6ht and will continue Until the applioant app1jee
for termination or Partial texinihation thereof.
2 109S
P�F
4.
Applications for termination or partial termination.,shall
be considered in the same manner as applications for use
permitsi pursuant to 8ections 24-43 through 24-48 of the
Butte County Code. The planning commission options for
action on such application ate:
(A) Terminate or partially terminate the covenant and
remove conditions f rom use perizit. Applications
for termination or partial teL-mination to be
accompanied by the fee set by resolution of the
board of supervisors to be deposited In the county
general fund, no part of which sha,11 be returned to
the applicant.
(B) Extend the covenant for a period not to exceed ten
(10) years.
(C) Consider the area for a change in designation from
orchard and Field Cropst Grazing and Open Land, or
Agricultural -Residential to a non-agricultural
designation under the General Plan.
5.
The use permit and covenant shall be in force for the
agreed -Upon time unless the General Plan is amended and
t he property in question is no longer designated agricul-
tural. If this should occur, the �pplicant may apply for
termination of the covenant.
6
it shall be the duty of the seller or his agent to inform
i
any possible buyer or his agent of the existence of the
covenant and of its terms.
7.
Meet the requirements of the Butte County Environmental
Health Department.
8.
Applicant must also comply with all other applicable
State and local statutesi ordinances and regulationsi
0.
All mobile homes shall comply with state laws.
AYES.,
Commissioners FOtgusoh and Sessions'
NOES,
Commissioners 'Nelson and Lambert and Chairman Lynch
A89ENT:
No one
ABSTAINED! Vo one
Motion
not carried.
DO W E$ Augu8t,�,Uj,,1.10.0.3
C7
CoOmissioner Nelson said that he would be in favor of retaining
condition 7 On the July 15-,, 1993 ntaff report) to "remove the two
existing mobile homes from the homesite parcel or re -design the
parc-al -to leave the. two mobiles on the agricultural parcel. If the
8,econd option is chosen, the applicants will have to resolve the
question of the two mobillos being a mobile home park.11
Commissioner Lambert said she Would still have a problem with that.
Chairman Lynch also saw . a problem with that.
Commissioner Lambert said that additional dwelling units are not
allowed on the agriculturally segregated portion -- new ones.
'Comilissioner Ferguson said that the county did allow the two
mobiles on the agricultural propertyi
Cjhairman, Lynch said there was a pre-existing permit, but not an ag
segregation.
Commissioner Ferguson said the land was agricultural and the units
were allowedi
Staff said that Ovdinance 24-54 does not allow any new structures
once the ag segregation is created. The ordinance indicates that
the original parcel could have more than one dwelling. if only one
dwelling is allowed oft tho segregated homerite parceli it. would
follow that one mUst remain on the agricultural parcel (if there
wore two oft the property to begin with.)
Chairman Lynch said that since the motion for approval Was deftiedt
the applicant can either come back with an amended use Permit
application or appeal this decision to the Board o! supervisorso
Chairman Lynch asked If the item could be continued and the
applicant come back with a revised condition #7 and a new map
without readvbrtisiftgi
Staff said if a motion for continuance is made, it Would be
possible to continue this hearing without a now application being
made or readvettisement, The cominissiorl dbuld request to see a map
showing Just one residence on the seqt6qated homd8ilte parcel.
Chairman Lynch asked what if the applicant would prefer a
continuance at this time or would prefer to go ahead with aft appeal
to the Board of Supervisors.
4
Myles Pustejovsky -aid he Would need to confer with his client.
RtCE S9
TT
L I 'MR -M NUUS_�
Chairman Lynch said, that if the previous motion is rescinded,
another motion could be made on the requesti
A motion was made by Commissioner Sessions and seconded by
Commissioner Ferguson to re5cind the previous motion of denial.
Chairman Lynch said that- basically the purpose of rescinding the
motion would be in order to reconsider condition #7i
Commissioner Lambert thought it might be speedier for the applicant
to appeal the denial and take it directly to the Board of
Supervisors.
Myles Pustejovsky asked, if a motion is made, what would it be?
Chairman Lynch said that the previous motion could be rescinded and
then the Use Permit, specifically condition #7 could be
reconsidered.
Commissioner Nelson said there would be more discussion on the
item
Mr. Pustejovsky said he would ch000e to have the Commission rescind
the previous motion and discuss the item further.
commissioner Lambert asked 'if a one acre parcel can I�s physically
created with the one tosidOnCe and if two mobiles could be put on
the ag parcel with one septic tank serving all three res,idences?
Mr. Ptstejovsky said that would r6quire approval front the Health
Dept. not to sell the other parcel. There is a concern about 20
ft. between building and property line in the A-20 zoning. Thai;
would be 40 ft. between bu.11.1dings. It would be possiblb to create
a one acre parcel for just, the main residence.
Staff said that adcordihq to County CLunsel, the previous motion
does not actually have to be rescinded.
The motion made by Commissioner Sessions was withdrawni The second
of the motion by Commissioner Porguson was withdrawn.
Staff said that the 20 ft, setback reqltiremont would mean moving
one of the mobille homes. The shod is more of a permanent structure
And could 'not be moved as eaoilyi
Staff said bile Applicant could submit, a new map and all this could,
be discussed at the toatd.
1dommissioner Ld�ibert asked If 'the applicaht should Appeal the
dehid! di hib vbqudbt to the 'Board of Supervisors, it thege t I U '94
could be done At that level-6-a-hother plan could be presented,
I ahothek Ma'- could be,piresented.
P
T -T C TY V
Ukti,, 1, q QQ JOS: ONI I TI
Staf f said that is correct,, but the Planning Commission could
modify the conditions without actually having a new map in front of
them. The applicant would have the options of either moving the
mobile home or requesting a variance to the 20 ft. setback
requirement. Staf f said that one mobile is on a f ouDdation and one
is not.
Commissioner Lambert said that one septic tank serves all 3
residences.
Staf f said that the Health Dept. requirements would have to big met.
Commissioner Nelson said that the intent behind the ordinance is to
separate a parcel It is up to the applicant to work out the
requirements.
Commissioner Ferguson thought the applicant should 'be given a
chance to meet the requirementsi
commissioner Lambert noted that a use Permit And a Variance are
being considered.
myles Pustejovsky said that there are 3 septic tanks on the
property although only one is shown for one residence. There is
one well on the property.
It was moved by Commissioner Ferguson and seconded by Commissioner
Sessilonst for approval as follows:
A. Find that the project i's not subject t.0 environmental review
under CEQA' as per the general rule exemption; and
Bo Find that: the proposed use of the property will not impair the
integrity and character of the gone in which the land lies and
that the use would not be untea8onably incompatible with or
injurious to surrounding property or detrimental to the
health,t �afetyj ane qenetal welfare of the persons residing or
working in the neighborhood or to the general hbalthl welfare
and safety of the County, because the granting of thils use
permit will hot affect: the ongoing agricUltUral operations on
s "Lto
L and the recommended conditions will bring, the project
into substantial compliance With the ordinancei and;
CA Grant a V8e Permit to Allow the segregation of a one to two
acre home site and a variance to the 20 acre requirement of
the homesite seg-regatioh ordinance on AP 640-02o-683 & 028
(Houseman), subject to the following dondiltions:
'061jNV:1 A NIX% 40 is, IOR Ailkqb t- �26 j-:1"
1.
Parcels to be created pursuant to Chapter 20 of the Butte
County Code and the State Subdivision Map Act.
2.
Prior to the division being effective, the owner or
owners of the property included in the approved
development shall execute and cause to be recorded in the
office of th�- Recorder of Butte County, a restriction,
binding upon the original owners and their heirs,
successors, and assigns, which disallows additional
dwellings from being located on the agricultural property
or the agricultural segregation parcel..
3.
The Use Permit and covenant shall be in force fora
minimum of 10 years from the time' of recording of the
covenant and will continue until the applicant applies
for termination or partial termination thereof*
4.
Applications for termination or partial term 14nati on shall.
be concidered in the same manner as ':arv)lications for use.
its, pursuant to sections 24-43 *L rough 24-48 oftho
perml
Butte County Code. The planning commission options for
action on such application are:
(A) Terminate or paitlally terminate the covenant and
remove conditions from use permit. Applications
for termination or partial termination to be
accompanied by the fee set, by resolution of tL,".,.;
-
board of supervisors to be deposited in the cowox.,,
general fundj no part of which shall be returnod to
the applicant.
(B) Extend the covenant for a period not to exceed �,en
(10) yearsi
(C) Consider the area for a change in designation from
orchard and Vield' Crbp8j Graz I ing arLd Open Land, or
Aqricultutal-Rdsiddntial to a noft"agricUltural
designation under the General Plani
5.
tho use permit and covenant shall be in force for the
agtedd-up6ft time unless the General Plan is amended and
the property" in questioti 'is no longer' de ignated agtitdul-
tural, if this should occuri the applicant may apply for
sl
termlihat lion of the coveftant4
6i
it shall be the duty of the seller or his agent to inform
any possible buyer or his agent of the existence of the
covenant and of its terms.
Vttft V16 AN AU
P4 NINO "k,
9
7. Remove the two existing mobile home from the homesite
parcel or re -design the parcel to leave the two mobiles
on the agricultural parcel. If the. second option is
chosenj the applicants will have to resolve the question
of the two mobiles being a mobile home park.
8. Meet the requirements of the Butte County Environmental
Health Department.
9 App] Acant must also comply with all other applicable
State and local statutes, ordinances and regulations.
Staff noted that the ordinance states that the plan shall "show all
dwellingj (plural) on the map that is submitted to the Commission.
only one dwelling may ble segregated on the homasite parcel. ltiGre
is an implication that the other dwellingst if there are mote than
one, would be on the agricultural parcel.
Commissioner Lambert asked if the mobile home park issue has been
resolved.
Staf 2 said that it two or more mobile.,,- on the same parcel are
tented out, it is a mobile home park and comes under the review of
Housing and Community Development, Whether they are on a foundation
or not4 That issue should be resolved4
AYES: r�olmmirgslbners Fetgusonr Sessions And Helson
NOES.' Cdmmissioaor Lambert and Chairman Lynch
VO
ABSENT! 96 one
7-777
Alba Houseman (Item determined to be a General Rule Exemption from
environmental review) Use Permit to allow the seriregation of a homesite in an
agricultural zone and a Variance to the required site area on property� zoned A-
20 (Agricultural - 2,0 acre parcels) located on the southeast corner of Midway and
McFadden Lane at 10 McFadd9n Lane, identified as AP 040-020-033, 128, Chico.
(CBS) (Continued Open from July 22, 1993)
Carl Leverenz, representing Mr. and Mrs. Houseman, said there are t,,Ao problems With
this property. He said the Houseman's intent is to live on two acres nd no longer be
involvea in farming. He said one problem is the size of the property which is under
twenty acres. He said another problem is the mobile home park issue, He said the
mobile homes were placed on the property by permit and approved by the County.
He said under the definition of a mobile home park, If the mobiles are put on
foundations, they no longer meet the definition. He said the very nature of the request
is appropriate to approve this project,
Chairmah Lynch asked the status of Lot 40-02-035 on the oast side of the property?
Myles Pustejovsky said parcel 35 is only on paper for tax purpoc-es. He said it is a part
of this project.
Commissioner Ferguson said there are eight other property owner8 using McFadden
and there is a potential for traffic problems at the intersection.
Mr., Leverenz said there will be some work done on the road. He said this project does
itibhal utilization of the intersection, He discussed the County project
hot create any addi
regarding a bike path.
chairman Lynch said the wa'$er source and septic locations were suppose to be out on
the site plans and this has not been done.
Myles said there is one well serving the three houses. He ;3aid all the houses have
separate septic systems,
The hearing was closed,
Staff said there is some question on whether or not 9 foundation systOrh truly takes the
Mobiles but of the category of being a mobile home park,
Cortimissloher Lambert said this request does hot thebt the Intent of the ordinance
which 18 to segregate one single farri'lly residence, She said the ordinance heVet
intended to 'Include rentals, She said if this project is approved it will set a precedent,
She said the intent of thil ordinance '18 to segregate a house that has been lived in for
10 years or mOk'0i and separate it from the agdoUltUrW land, she said these owners
have -not lived in all three houses foe ten years.
'Otttt- O'OU Ar �X I' X I N 10 T"t 8 "A -U g ui5. t 12 T
Y
0-.O'mrol,o-sioner,1.79rrii.!son 'asked what wou-Id be accomplished if the request was denied?
Commissioner Lambert said approval would set a precedent for morethan one 'home
to be segregated and would allow others to go against the ordinance.
Chairman Lynch said the Commission can not ask the Housemans to remove legally
placed mobiles.
Commissioner Lambert said she has no quarrel with the renta'17, being there. She said
she is concerned with segregating a house and two rentals because it is not
appropriate ac�,�:)rding to the ordinance.
Staff said the segregation ordinanc . e Was adopted as a special ordinance to help people
save their homes and allow them to sell their agricultural land when they were no longer
'able to farm.
Commissioner Ferguson said the County would be better off in the long term if this
project i's approved.
it was moved by Commissioner Ferguson, seconded by Commissioner Sessions, for
approval as follows:
A, Find that the project IS hot su bject to environmental review under CEQA as per
the general rule exemptionij and
13. Firid that the proposed use of the property will not impair the integrity' and
chai,aoter of the tono in which the land lies and that the use would hot be
unre4asonably incompatible with or injurious to surrounding property or detrimental
to the health, safety, and general welfare of the persons residing or Working in
the neighborhood or to the general health, welfare and safety of the County,
because the granting of this use permit will not affect the ongolhg agricultural
operat . 1 1 ohs on site and the recommended conditions will bring the project into
substantial compliance with the ordinance, and;
C. Orant a Use Permit to allow the segregation of a One to two ablie home site and
a VariahcO to the 20 acre requirement of the hometite segregation ordinance on
AP 040-020-033 & 028 (Houtemah), subject to the following- conditions:
11, Parcels to be created �UrsUaht to Chapter 20 of the 8utte County Code
and the State subdivision Map Act,
2, Prior to the division being effective, the owner or owners of the property
'included in the approved development shall execute And cause to, be
recorded In the office of the Recorder of Butte CoUhty, a restriction bindihg
upon the original bWhbrs and their heirs, Successors, and astighs, which
disallows additional dwellings from being located on the agricultural
propottV or the agricultural segregation parcel,
2,1S. 9,9 i
se Permit and covenant shall be i I I
Tho 11 n force for a Minimum of 10 years
from the time of recording of the covenant and will continue Until Me
applicant applies for termination or partial termination thereof.
4. Applications for termination or partial termination shall be Considered in
the same manner as applications for use permits, pursuant tosections 24-
43 through 24-48 of the Butte County Code. The Planning commission
options for action on such application are:
(A) Terminate or partially terminate the covenant and remove Cohdi-
tions from use pet I mit. Applications for termination or partial
termination to be accompanied by the fee set by resolution of the
Board of Supervisors to be deposited in the County general fund,
no part of which shall be returned to the applicahti
(B) Extend the covenant for a period not to exceed ten (10) years,
(C) Consider the area for a change in designation from orchard and
17-iold Crok Grazing and'open Land, or Agricultural -Residential to
a hon-agpltulwrai designation under the General Plan.
5,1 The use pern-lit and covenant shall be in force for the agreed-upon time
Unless the Genk�ral Plan Is amended and the property in question is no
,longer designated agricultural, if this should occur, the applicant may
apply for termination of tht,,� covenant,
6, It shall be the duty of the seiler or hit agent to inform any possible buyer
or his agent of the existence of the covenant and of its terms,
7� Mee* the requirements of the Butte County EhViltorlimental Health
Dap'L1,,,-tment,
is. Applicf.'Ai,it must also comply with 611 other applic-Able State and local
statutes, ordinances and regulations.
9. All mobile homes shall comply with State laws.
Ou
6 t -'j
Alba Houseman - (Item determined to be a General Rule Exemption from
environmental review) Use Permit to allow the segregation of a homesite in an
agricultural zone and a_� �ada�c��i� the required site area on property zon, ed A-
20 (Agricultural - 20 acre parcels) located on the southeast corner of Midway and
McFadden Lane at 10 McFadden Lane, identified as AP 040-020-033, 128, Chico,
(CBS)
Vice-C6airman Lambert noted that the applicant/ No rthStar has requested a continuance
to allow the applicant time to understand staff's comments,
The COMMIstloh waived the reading of the Staff Findings. A video of the site was
shown. Staff gave a brief summary of �,he project. Staff said this project is unique in
the fact that it ha's three dwellings on tho property proposed to be sogregated'and two
of these dwellings are rentals.
Commissioner Nelson said the proposal does hot meet the intent or criteria of the
Segregation Ordinance and there is no hardship to grant the variance.
Staff said this is mostly correct, but they need to raise the question of whether the
parcel left is agriculturally viable. Staff said they might want to look at the ordinance
to state a m1n1mUM agricultural size to leave in agricultural production.
Vice -Chairman Lambert noted that the Ordinance excludes parcels of 5 acres or smaller
in an agricultural zone from allowing segregation, She asked about there being two
parcel numbers,
Staff said the parcels were 'created by the Assessor's office for tax code purposes.
Staff said that one way the COMMISS10h Might justify approving this is to segregate `1
acre instead of two leaving 17 acres in agricultUral production 111stead of the required
18 acres. Staff also stated that parcel `129 was not a part of this request.
Commissioner Ferguson asked 1 1 f the People have lived at this address for 10 years?
He asked if the dwellings Meet the setback requirements?
Staff said yes they have lived there over 10 years. Staff said there could be a setback
problem with the Mobiles and there Would be a problem with the house if It was
segregated off separately,
Commissioner Ferguson asked who the mobile homes were rented to and if there has
been any Complaints!
Staff said -they have hot received any complaints and there is no Ind
as to who the mobiles ate rented to Were hot members of the appll 1CAtI6h In the file
'can VS faMily,
'the hearing was opened to the public. The Applicant nor his r6presehtativo Was:
Present, I
OUNT Y , 'o
Bob Hartman said he was opposed to more trOffic on McFadden Lane., He said he
was Concerned with what would happen on the 16 acres being segregated. He said
he would like to see another access road to the 16 acres along the proposed bike path
area.
The hearing was confined to the Commission for comments and to decide whether or
not to grant the request for a continuance.
Commissioner Sessions said the Commission has set a precAdent in the past to allow
a continuance with a reasonable request.
Vice Chairman Lambert said she was concerned about the ordinance only allowing for
one dwelling to be segregated.
Staff said they would need assurances that the mobile homes, if segregated with the
home, did' not constitute a mobile home park.
Neil McCabe, Deputy County Counsel, said the ordinance is hot totally clear. He said
the ordinance talks about one dwelling in part of it and two dwellings in other parts.
He said in the case of the project before the Commission today, the uses would not
change whether the dwellings were segregated or hot, He was in favor of granting the
continuance, He said he Would like to give the applicant the opportunity to be present,
Commissioner Ferguson asked what would happen if this project was denied'?
Mr. McCa I be said that nothing existing on the property Would change. He taldr the
question Was Whether or hot to allow an agricultural ihomesite segregation,
It was moved by Commissioner Sessions, seconded. by Commissioner Ferguson, and
unanimously carried to continue this hearing opened to August 12, 1993 at 9,,00 a.m.
Staff was requested to contact the a0plicaht or representative to be present at the
August 12th meeting.
Jiily � Z�-, tjq,�
FILE NO,: 040-020-128 8c 033
BUTTE COUNTY PLANNING COMMISSION
STAFF FINDINGS July 15,1993
APPLICANT:
Alba Houseman
OWNER:
Same
REQUEST:
Use Permit to allow the segregation of a 2'acre
homesite parcel from an 18.2 acre parcel in an
A-20 zone and a variance to ihe area
requirements within the zone.
AP NO.:
040-020-128 a 033
SIZE:
18.2 acres
LOCATION:
Located at the southeast corner of Midway and
McFadden Uine, south of Chico
EXISTING ZONINGM
A-20
ZONING HISTORY:
Zoned A-20 on Mar. 1, 1988 by Ord. 2666
SURROUNDING ZONING.
A-201 A-40
SURROUNDING LAND USE:
Agricultural
GENERAL PLAN DESIGNATION-
Orchard cind Field Crop
APPLICABLE REGULATIONS:
Butte County Code Sections 24-47, 24-54 and
24-78
COMMENTS RECEIVED:
Land Development m Create parcels In accordance with the r(�qulrerh. ents of the State
Subdivision Map Act and 0OUhty Ordinances.
SME COUNTY PLANNING COMM.,SSION
STAFF FINDINGS - July 15,1993
Environmental Health - Provide useable sewage disposal . area as required by the Butte County
Subdivision Improvement Standards, Appendix VII
At" *�ALYSIS-
This or ject is a Use Permit request to allow the segregation of a 2 acre home site fro I m an
01
18.2 acre parcel in an A-20 zone. The applicant is also requesting a variance to thestipulation
that the parcel meet the area requirement of the zone before segregation. The parcel to be
segregated is developed with three dwellings; a house and two mobile homes. The remaining
lands are planted in almonds.
As stated in Section 24-54 the purpose and intent of the section is to allow the segregation of
one (1) existing home in an agricuitural zone provided that the proposed segregation me
the following criteria: etS
I The parcel to be created is to allow an owner who, for a minimum of ten (10) continuous
years immediately prior to application, has
resided upon and farmed the subject
property, to retain the existing home and continue the remaining acreage in agricultural
Use.
The existing parcel(s) shown on the plan together meet the parcel area requirements of
the zone. If there are contiguous parcels under related ownership only enough parcels
must be included in the plan to meet the acreage requirements of the existing zone.
3) The proposed segregation will riot reduce the capabilities for agricultural use of the non -
home parcel and surrounding properties,
4) The proposed segregated parcel meets the requirements of 'the County Health
Department for sewage disposal and water supply,
5) The proposed segregation is consistent With the policies of the Butte County r2orieral
Plan because of the covenant required in I
section 24-54(d),
The existing home -parcel being segregated is not less than one fl) acre and not more
than two (2) acres or the minimum lot area allowed by the Courity Health Department
whichever is greater.
The application fails to meet the purpoqe and intent of theordinance. because the segregation
parcel contains three dwellings instead of one and it also does not meet criteria 2 above. All
three dwellings are legally placed and according to the applicant, the two mobile homes are
currently �ehted but, Aocording to the Butte County Code and the state Dep8rtment of
Housing and Community Development, the rental of tWo or more mobile homes constitutes a.
SUT.-E COUNTY ciLANNING COMMISSION
STAFF FINDINGS - JUlY 15,1993
,Mobile home park and requires licencing from the State and a Use Permit from the County.
The use permit should not be approved unless the question of the mobile home park can be
resolved or conditioned to eliminate the concern
The applicant is also requesting a variance to the ordinance's requirement the parcel meet the
minimum of the zone. Staff can find no justification for granting the variance other than the
fact that the remaining 16+ acres is certainly as agriculturally viabie as the remaining parcel
that results from the segregation of a home site in an A-10 or A-5 zone where the remaining
parcel could be as small as 8 or 5 acres. The ordinance should specify minimum parcel size
based on agricultural production not an arbitrary size based on the zoning,
This pr ject appears to be exempt from CEQA review under section 15061 (3), the general rule
0J
exemption, �,'hlch states:
"CEQA applies only to projects which have the potential for causing a significant effect
on the environment. Where it can be seen with certainty that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is
not subject to CEQA."
As an aside note, the County has been in the process of acquiring easements for a bike path
along the abandoned railroad right-of-way bet�vahen Chico and Ourham. Most of the easements
have been acquired and the Board of Supervisors has authorized the filing of a condemnation
action to acquire the remaining easements, including an easement on the westerly portion of
the property that is the subject of this use permit, This application will not have a direct impact
on the Oasement of bike path,
RECOMMENDATIONS:
A. Note that the requirements of CEQA have been completed and considered In making
this decision: and
B. Find that ihe proposed use of the property will impair the integr�y and character of the
zone in vvh.1chthe land lios and that the use would riot be unreasonably incompatible
wit or injurlous to surrounding property or detriMental to the health, safety, and general
we fare of the persons residing or working in the neighborhood or to the general health,
welfare and safety of the County, because the project does hot meet the requirements
of Section 24-54; 'and
C. Deny the Use Permit to allow the segregation of a one to two acre home site and a
vai'lanoe to the 20 acre requirement of the homoslte sogroptiot, ordinance on AP 040.
020�033 & 028 (kWsem8l'10.
3
If the Commission can make the required findings, then it would be appropriate to make the
following motion:
A. Find that the project is not subject to environmental review under CEQA as per the
general rule exemption; and
B. Find 'that the proposed use of t , he property will not impair the integrity and character of
COMP
the zone in which the land lies and that the use would not be unreasonably in aLlb e
with or injurious to surrounding property or detrimental to the health, safety, and generai
welfare of the persons residing or working m the neighborhood or to the general health,
welfare and safety of the County, because the granting of this use permit will not affect
the ongoing agricultural operations on site and the recommended conditions will briog
the project into substantial compliance with the ordinance. and;
C. Grant a Use Permit to allow the segregation of a one to two acre horne site and a
variance to the 20 acre requirement of the homesite segregation ordinanc6 on AP 040-
020-0-13 & 028 (Houseman), subject to the following conditions -
1. Parceis to be created pursuant to Chapter X of the Butte County Code and the
StOte Subdivision Map Act.
2. Prior to the dlv,�sion being effective, the owner or owners of the propfirty included
in the approved development shall execute and cause to be recorded in the office
of the Recorder of Butte County, a restriction bindirg upon the original owners
and their heirs, successors, and assigns, which disallows additional dw'ellings from
being located ori the agricultural property or the agricultural segregation parcel.
3, The Use Permit and covenant shall be in force for a minimum of 10 years from
the time of recording of the covenant and will continue unti'L the applicant applies
for termination or part , lal termination thereof,
4. Applic 'tons for termination or partial termination shall be considered in the same
monnee as applications for use permits, pursuant to sections 24-43 through 24-
48 of the Butte County Code. The planning commisslon options for actioL n on
such application are:
(A) Terminate or partially t )rminate the covenant and remove conditions from
use permiti Applications for termint-,uon or partial termination to be
accompanied by the fee set by resol ution of the board of supervisors to
be deposited in the county general fund, no part of which shall be rEAurriod
to the apLnlicarit,
(B) �)fthd the covenant for a pedod not to exceed ten (I b) years,
4
BUTTE COUNTY PLANNING COMMISSION
STAFF FINDINGS - July 15,1993
Consider the area for a change in desCriation from Orchard and Field
Crops, Grazing and Open Land, or Agricultural -Residential to a non-
agricultural designation under the General Plan.
5. The use permit and covenant shall be in force for the agreed-upo,n time unless
the General Plan is amended and the property in question is no longer designated
agricultural. If this should occur, the applicant may apply for termination of the
covenant.
6. it shall be the duty of the seller or his agent to inform any possible buyer or 'his
agent of the existence of the covenant and ofits terms.
7. Remove the two existing mobile home from the ihomesite parcel c)r re -design the
parcel to leave the two mobiles on the agricultural parcel. if the second option
is chosen, the applicants will have toresolve the question of the two mobiles
being a mobile home park.
8i, Meet the requirements of the Butte County Environmental Health Department.
9. Applicant must also comply with all other applicable State and local statUt8%
ordinances and regulations.
10
APPLICATION FOR VARIANC E -
BUTTE COUNTY PLANNING COW SSION
owlde, caloOMIS
--4PF-l-K;AAT: Read and follow Instructions as set forth on attached sheet.
Applicent's Name Alhq Hnilgi-nign --- - Phone No. 342-9�63
Applicant's Melling Address 10 MrFadden Lane Chico. CA , 928
Applicant's Interest In property (Owner, lessee, other) ---owner
Owner's Name and Address - Alba Houseman and Teresa Houseman
Contact Person for Project (if other than applicant)-- NorthStar Engineering
Assessor's Parcel Numboqs)--A�- )2--33 & 1.28 Present Zoning A-20
Location and size of parcei(s)--M, corner of MiAw,-Ly-ajL acres
Street address- 10 Mcr, ad den-, Lane
Directions for travel to Property (rural and mountainous areas onJy)
-J
Type Of Variance requesthc1l
U-
Lot area or building site Mobile home size
Lot width Parking requirements
Front yard setback Livestock requireMerits
Side or rear yard setback Sign requirements
Other (specify) VqrJLiMte_tn_.J_Qt4_ A�-pa
r)
Description of proposed use and reasons for Varlenre because of special circumstances (refer to Instrubtloh No. 6 on attached sheet)
VA-riaiinp
-J
to-mli,34twim Ini, --Ji�4rs i -n gja1c)i
- - W . . . . . . . . . . 11 ow f or
CW
IL
continued agricultural Use..
Description of 691sting land use Residential.
ExIstIng/propbsed sewage disposal method: - eXistihg.. sel)tic system
PrOXImItY Of power and phone I Ines, — a101151 McPadden Lone
Water source- existing wel.1
PrOxImItY Of ws'st (Or fire 1`10htlng P&Obsds (hydrants, Pohds, dto.) and Li ttle Butte.
Will eXbhVatloho�gtAdihgbeheed�tarylOubleytitds(ostiniato). - ri/a
List and describe any 11hot related pothilts and other pu 1 0 dpProvals required for this PrOjOdti, Including those required by
cltyj regionfil, $tdtd and I#eddral nonolest u8e� Oe'ritilt. fot.,.homd8iL0, seiatep-ation
05
the following. questions pertain only, to Varlances to the minimum parcel site required Within the zoning d)strIct4
ENVIRONMENTAL IMPAc-Ts AND MITIGATION MEASURES*
Identify potentially sighificant environmental impacts associated with the variance. What project design features,. or Ipeclal
conditions of approval (mitigation rneaspres') are Pronosed to alleviate potential, envirohmental IMOPId'W'?
No impacts associated with proposed vat -Lance.
ENVIRONMENTAL SETTING*
Describe the project site as It exists before the project, Including In'tormatlon on topographyj soil stability, plants and
anlmals� and any cultural, historical or scenic aspects, Describe any existing structures on the site, and the use of the
structures. Project site is existing almond orchard.
LL.
Describe the surrounding properties, Including Information on plants and animals and any cUlturalihiptorical or scenic aspects.
indicate the type of land use (residential, commercial, etc.)i Intensity of land use (single-famllyj apartments, shops, depart-
ment storesi etO.), and stale of development (he!-qht, frontage, setback, rear yard, etc,).
*Use separate aleat for longer responses,
Site is surrounded by orchard and agricultural uses with single—family dwellings.
I hereby declare under penalty of perjury that I have read and understand the instructions and1hat the foregoing statements
are true, complete and correct to the best of my knowledge and belief.
Applicant's signature x"'
Date Property owner's signatureUO
Variance number
Request! Variance to
Location and site of parcel(b): lboated on the
V E A -1 F Y.
A,P, Number(s) Zoning and Requirements
C) ownership Location bescrlptloh
P�obf 61 Ageriby (11 heeded) 20 copies 01 Plot Plan
Data ribcolod Receipt Number
Apoll cation Takeh By
LiJ
FINDINGS OF FACT
Each toning classification and la�d use. has an associated set of development
'standards which are specified in the Butte County Code. The Code also,,, eati,ib-,
Ughess r, prcaelure to &dnt vdti�ncL-s from these standards where unique'
circumstances exist to warrant relief from the strict application of these
standards.
A variance can be granted 'only if specific findings are made to indicate that
unique circumstances do, in fact, exist. These special circumstances may
include factors such as the size, shape, topography, location and surroundings
of a piece of property.
The courts have clia-azly indicated that variances are not intended to rewrite
the County Code and can only be granted if all the findings listed below are
made. Further, thei courts have indicated the actual, Afactual basis for tITese
findings must be stated.
NOTE TU APPLICANT
Please do NOT apply for a v;.riance unless you tan provide the necessary factual
basis to grant the requestec variance. All necessary application fees ate non -,6
refundable.
FINDINGS
1. The following exceptional or Pxtraordinary circumstances or conditions
apply to the land, building or use in que8t'lon, which do not apply generally
to other land, buildings o-,-. use -s- in the same district.
See attached
2. The fact that the granting of the variance is necessary for the preservation
and enjoyment of substantial property right.,� is su
.pported by the followin
See attached
3. The fAct that the granting of the variance will not adversely affect the
neighborhood or be detrimental to tbe-public healthj safety orvelf-are or
affdct proporhy or imrrovaments in he nAlIghborhood is supported
by the following;
See attached
ALL, OF THE ABOVE ViNnINOS HOST 99 WE� INCLUDING THE 8TATEMENT OF 8PECIpId
FACM TO dMkNt A VARIANCE.
FINDINGS OF FACT
FINDINGS
The owner and long time resident needs
to separate the orchard
from the homesite for financial reasons,
however the project site
is 1.8 acres, more or less, shy of the
minimum lot size of 20
acres.
2i The applicant has farmed and resided on
the property for 10 plus
years.
'to
3, '14o new homesites are being added._The project :site and I
character will remain the same. The
agricultural use and
maintenance will continue as always, in
and around the existing
homesite as always.
Furthermore , granting of the variance
will not be precedent
setting because t I he surrounding properties are all well over the
minimum lot size of 20 acres.
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Lf"I
,
f4 tZ e�
I FADDEN L11111
345. tNTLER AV t
CA 95928,
CHICO CA 95928
L 040 040 048 000 STATUSi. ACTIVE
L; ;�g-;v V, 0 WIL!
KLEIN JOHN 4 JOANNE A
8 6 (CB MA
HOUSEMAN AL 'A B' & TERE V
347 ENTLER AVE
10 M&ADDEN LN,
CHICO CA 95928
CHICO CA 95928
L: 040 040 047 000 STATUS: ACTIVE
0-41� CEO IEG 000 STATUS ACT 1 VE
NAAS KENNETH N & PATRICIA L
H008EMAN ALBA B & TERESA 6 (C8 OVA)
�61 ENTLER AVE
10 MCFADDEN LN
ICH - TC;O cm
1 cc C. -I 95928
L: 040 040 648 000 STATUS% ACTIVE
L; C-110 020 026 000 STATUS4 ACT I VE
HODDINOTT RICHARD H ANNEK
SMITH KENNETH THOMAS & JANE
369 ENTLER AVE
RT 3 BOX 31 B
CHICO CA 95928
CHICC; CA 95928
L; 08� 060 080 000 STATUS: ACTIVE
L: 00 CEO 027 0030 STATUS: ACTIVE
PATRICK HESTER 0 SS
SMITH VIOLET HELEN ETAL
SMITH TOM
10381 MIDWAY
115 K.V. LN
CIA I co CA 95928
CHICO CA 95928
L: o3q 060 089 000 STATUS: ACTIVE
L! 04 OLO 071 OOJ GIATUS". ACTIVE
MELINE JACK & SHARON ETAL
HARTMAN TRUST
HARTMAN R08EPT & BEVERLY TRUSTEES
10381 MIDWAY
163 MCFADDEN LN
DURHAM CA 95938
CHICO CA 95928
L: 039 060 OYI 000 STATUS- ACTIVE
0'0 ihAl COO 8TATUS: iWACTIV
MELINE JACK & 8HAPON ETAL
STATE OF CALIFORNIA
TAX DEEP
MIDWAY
00000
DURHAM CA 95988
Ls' 039 060 09(3 ON STATUS-. ACTIVE
L.' C li,� t�EO 05L' O�� 5TATUSt Au-TIVE
KENNEDY J ROBERT & ELIZABETH LIVING TO
GREENFmLO SHARI Y ETAIL
KENNEDY J ROBERT & ELIZABETH TRUSTEES
134 MCFADDEN LANE
980 8KYWAY
CHICO CA 15928
CHICO CA 98928
L: 08Y 060 0911 000 STAT08i ACTIVE
L, �—i� CL6' OIL OZ�j STATU5: ACTIVE'
WARNEN BRU81E W
MARLER TRUST
MARLER LtTHA DAWN TRUSTEE
686 BROADWAY
162 MCFAbDEN LANE
CHICO CA 95928
CH I co CA 95920
L: 089 060 180 000 STATUS-, ACTiVE
L: 040 020 116 000 STATUS' ACTIVE
DtTCO STEEL & CONSTRUCTION INC
MIDWAY ORCHARDS
P 0 box 1153
8600 DAYTON RD
CHICO CA 95927
CHICO CA 95928
Lt 089 060 121 000 STATU8a ACTIVE
L: Otto Otto 086 000 STATUS: ACTIVE
THORPE JOHN N ETAL
RicH!Ns HAROLD L & 8EPNAOIN5
i1oll HiOWAY
0846 MIDWAY
CHICO CA 959R8
CHICO CA 95928
L: 040 '410 005 000 8TATU84 ACTIVE
L'.'040 040 08B 000 8TATUOt ACTIVE
POPP lEOIC & ANN M
OICHIN8 HAROLD L & BERNADINE G
18 PISTACHIO WAY
RT 8 Box 88
CHICO CA 9�y�o
CH I CO CA Y5120
Lt 040 040 08',9 000 STATUSt ACTIVE
08TRANOER DEL8EOT 5 & CAROLYN 8 (CB bV,l
PT 0 BOX 08E LNTL8R AVE
CHICO CA 959�8
av- -3'
I)Ate'VOLI/X2/94 A.1evelopmen't 'Services Dep�arimlent
Vim,e"8:18 am, Applicant Billing Worksheet Page
..Selection criteria:
�Date rangp,, :071/12/93 thrduah nl/n6/94
glip, numbers :All
Employee :All
Applicant :Houseman -appeal
Activity :All
CU8tom Fields :All
Reference :All
Slip status :Billed slips and transactions excluded
Other options
Print Bills that are "Paid in full" :Yes
Include transactlohs outside date range :Yes
Print Bills with no activity .Yes
Houseman -appeal : Alba Houseman
10 McFadden Lane
Chicoj CA 95528
In reference to : APPEAL AP 040-020-033+
Roundifig : None
Full Precision : No
Last bill
Last charge
, Lastpayment
01/05/94
batelgliO# Description
Last aging
Amount
09/28/93 Craig / 204
#122 Staff report
1.0/01/93 Lynn / 116
0123 Board Packets
10/12/98 Craig / 210
#124 Inter"departmOntal conference
10/18/98 Lynn / 103
#12.6 Type correspondence
10/22/93 Paula / 202
0125 Initial otudy/envir. documents
10/22/98 Barbra / 128
0127 Type NOE's
11/A/93 Barbra / 112
0128 Type pbrtits/send for signatures
$0. 00
HOMS/RATE
1.00
59.00
1.00
45.00
AMOUNT TOTAL
59.00
45.00
0-.30 17.70
59.00
0.20 9.00
45.00
0.10 5.90
59,00
0.50 17.00
34.00
0.75
34.00
25.50
MLvelo
A,
Date, 0,1'r
_11�/94 nt Service
4, pine
s Depar en,
t
il 3.md' 8:1,18 am Applicaht gilling
Worksheet.
Pl&qd 2
Houseman -appeal :Alba Houseman (continued)
Date/Slijig, Description
HOERS/RATE
AMOUNT
TOTAL
01/05/94, Barbr,-,, / 113
1.20
40.80
#244 Type letter/distribute permits
34.00
TOTAL BILLABLE TIME CHARGES
$219.90
5.05
TOTAL BILLABLE COSTS
$0.00
TOTAL NEW CHARGES
$219.90
PAYMENT91REFUNDSICREbITS,
09/08/93 Deposit (CLERK 0140673)
(175.00)
TOTAL PAYMENTS/REFUNDS/CREDITS
($175.00)
NEW BALANCE
New Current period
44.90
TOTAL NEW BALANCE
$ 44.90
:.Y
ouja
tic
A;1
PLANNING DIVISION
DEPARTMENT bF DEVLLOPMENT SERVICES
7 CouNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-M97.
TELEPHONE- 0%) 538-7601
FAX* (916) 530-7785
February 28, 1994
Alba Houseman
10 McFadden Lane
Chico, CA 95928
Re: Conveyance of Development
Rights and Open Area I Easement
AP No. 040-020-033, 128
Dear Ms. Houseman:
Enclosed is a recorded copy of the Conveyance of Development Rights and open Area
Easement which was approved by the Board of Supervisors at their meeting of
October 12, 19-93.
Should You have any questions regarding this matter, please contact this office
between 8:00 a.m. and 4:00 p.mi, Monday through Thursdayi
Very truly yours,
H
!a 9 Wn er
BKH.-bd
Enclosure
�N
06 7 5 5
10 , , ,
94-006755"
I Total
Recorded
Official Re0orda
County of
Butte
Candace i. Grubbs
Recorder
8:02a M 14-Peb-94 I COMS MD
AF'TER RECORDING, PLEASE RETUM TO:
7QUEsTEb BY:
utte County Clerk of the Board of Supervisors
CONY LQPMENT--R1QHI
AND MER-AREA-EA510JEN1
(Homesite)
This Conveyance of Development Rights and Open Area Easement, made
this day of kPrPA.1)W , 19_L3, by and between
0.3
d Le 6= L�i u sne
as Grantbr(s) in consideration of the approval of a use permit; do(es)
hereby grant to the COUNTY OF 8UTTE, as Grantee� hereinafter referred to
as County, the development rights hereinafter set forth for the term and
t subject to the covenants and conditions set forth below in the property
described in Exhibit "A" as Parcel 2, attached hereto and made a part
thereof, for the express purpose of maintaining such property for
a0ricUltUral Use and as open area.
R E C I T A L S i
WHERE I AS, put-suant to the County's General Plan� the County has'
determined that the property, of Grartor(s) desur-lbed In �.xhlblt- "All 1 -,t-4
agricultural land constIbut-IhO a naturbi resource or 8u+ -be County', and
. W . HEREAS, the County's General' Plan sets forth a Policy of
"�,ProLecblng the Agrlcull,,ural Production Capabillby of Agricultural Land%�
And L -he malnbohtince and conservat-lon of this nabur-al resour'e-,ei 6hd
WH1--.REAS$ 'in furtherance Of SUCh POliCY, the CoUnt ops troned the
-t r -b -ul-a Zone! and
propert�y described it .xhlblb "A" 1; )n Aqr I u I t I
WiltREAS, Orantor(s� desire'(e0 t�rj aroa�,,a a lot rot- Wio purpose of-'
MatotalhIhO a glhglo Family residence �hereorjj truch lot being described
as Parcel i, to said r=xhibit "All; and
0 .5 '5-
6'
'P.
WHEREAS, Grantor(s) has (have) applied for and been grante%.4
approval of the use permit pursuant to the provisions of Butte County
J,
Code Section 24-32.47 to permit the maintenance of such residence
i,7hpreon; and
WHEREAS, in order to preserve and maintain the agricultural
purposes of the Agricultural Zone in which the properties described In
Exhibit "W1 are located, arid to maltitain the consistency of said zone
Albin the policies set forth in the County's General Plan, it is
necessary and desirable that Grant-or(s) convey to the County the right
to consbruct addiblonal structures on the agricultural property or the
agricultural segregation parcel described in Exhibit "A" as Parcel 2;
and
WHEREAS* it Is the Intent of the Grantor(s) and the purpose of fhis
grant of development rights to alloN the Grantor(s) to maintain a
r I - -I, described as Parcel I on E�xhlbli, "All and prohibit
esidence on the lo
the maintenance of residences on the property described In [�Xhilblt "A"
as P.Ircel 2 so as bo n6lthier inr-ni-i��aso nor detrease the nwhib4!�f.A' of
Itted by the tome in which the said properblos are
r-esidences perml
located,
THEREFOREs in consIdel-atioh of the approval Of the Use Perrillt
gr8titing permission to Gt4a11tOt-(s) to rhalhtaitl 8 single Family residence
_31hrLalrilrip Parcej, 2 a-- open area for
on Parcel A 1�or the put-Pijsl.-� of M;:
agricUltural purposesj GI-allbot-(s) qt-anb(s) to the County an Open O'reo
11aseviient with Grantor(s) and thelt- successors' r -light to ezonsti-uct and
malni;oln any ffesldeni,-181 uses on �ho property doscrlbtd Iri L��'xhiblt "A"
as parrel 2 81,)Lject to ti -le following terms and cbridiblohtO
t'he i- I oht to con!st-rudt"-'or' mal nta I n any
aq_r'IcUltural buildings, or to use Parcel 2 for a ny agricultural uses
otherwise permitted by ordinances duly adopted by the County; or
ordinances hereinafter adopted by the County to regulate the uso'of the
property described as Parcel 21 except any rights to construct or
maintain any accessory buildings, subject to any regulations or
limitations set forth in any such ordinances.
2. Nothing in this instrument shall be construed to affect the
right of Grantor(s) to lay, operate, Maintain, repair or remove water
and seii-ier pipe lin0s, conduits or drains below the surface of the area
described In Exhibit "A" as Parcel 2 Insofar as such activities are not
incidental to establishing any residential use of said area, and are not
in conflict with the Provisions of this Grant.
3i This grant of deve-lopment rights shall not be construed to
permit the public to enter Upon the properties described In Exhibit "A"
for, c�ny purpose whatsoever.
4i This eat6mont and grant of development rt-qhcs shall terminate
and the rights granted to the County herein shall revert to Grantor(s)
upon the occurrence of any of the followino. Planninr,4 Commission and/ot-4
8oard Qf Supervisors actiom8:
a. Terminato thicL, covenmriL and remove condiLlons frtnn Uv'e-
Perin I t, -
b, thahoe of the General Plan desl�inatlton rrom Orchard and
rield Crops, Grating and Open Land, Or AorlcLlltUt-�al-
'Re�,ttOdentlal to a ndn-agricultut-al desIOM8t-Ioh under the
�t
I
STATE OF CA-LIFQ$NIA )ssi
COUNTY OF.
1E On I)aC! 61 before me, Aa
petsonaily appeared�./�?/-/3/9
personally knOWh to me (or proved
to hie on the basis of satisfactory evidence) to be the person (s) Whose name(s) 14.-Mre subscribed, to the within
Instrument and acknow1odged to me that IyWs�m/they executed the tame It-rhiz*f/their authorized capacity(les),
and that by *twlthelr signatute(s) on the Instrument the PeMbh(s) or the entity ul)ull uehalf of Which the
r
M
S porson(8) acted, executed the Instrument,
OPFICIAL NOTAAY StAL
WITN
PATMOIA J. PEA�INS
rss
Nctaiy Public — callhornin
81gnatulre- Wjt -i COUNT"
'901tos JUL01,1tOOS
(This area fat 6111ciai holatini som)
General Plan.
5. Grantor(s) aoree(s)
that
this document: may bgk re.cQrded
J the
-n
$Ub-be County Recorder's Off -ice.
J
IN WITNESS WHEREOF, the
Grantor(s)
has (haVe) caused these
presents
to be executed as of the day
and year first above wr�-Itten.
GRANTOR(s)
ATTACH NOTARY PUBLIC VERIFICATION
�t
I
STATE OF CA-LIFQ$NIA )ssi
COUNTY OF.
1E On I)aC! 61 before me, Aa
petsonaily appeared�./�?/-/3/9
personally knOWh to me (or proved
to hie on the basis of satisfactory evidence) to be the person (s) Whose name(s) 14.-Mre subscribed, to the within
Instrument and acknow1odged to me that IyWs�m/they executed the tame It-rhiz*f/their authorized capacity(les),
and that by *twlthelr signatute(s) on the Instrument the PeMbh(s) or the entity ul)ull uehalf of Which the
r
M
S porson(8) acted, executed the Instrument,
OPFICIAL NOTAAY StAL
WITN
PATMOIA J. PEA�INS
rss
Nctaiy Public — callhornin
81gnatulre- Wjt -i COUNT"
'901tos JUL01,1tOOS
(This area fat 6111ciai holatini som)
94-06755
CERTIFICALE OF A.CCEPTANCE
THIS is to certify that the interest in real property conveyed by the within
deed or grant date Dec. 6, 1993 from ALBA B. HOUSEMAN and TERESA G>
HOUSEMAN, to the County of Butte, a political subdivision, is hereby accepted by order
of the Board of Supervisors on JAnuary 25, 1994 :�4493, and the grantee consents
to recordation thereof.
.ED &LAUGHLIN HAIRMAN
i' V%isnN
Butte County Board of t, rvisors
A
ATrEST: JOHN S., BLACKLOCK, Chief Administrative
Officer and Clerk of the Board
By
MD 00 WCUMENT
� E �WD E 8k
Items 1 and/or 2 for additional so, Ices,
,��I.ta ' v
lots Items 3, and.4a & b.
I also wish to receive the
following derViceS (for an extra
W 6 Or'Int your name andaddreOs on the revotto at this fOnn SO that We Cat!
fee):
fdtUr�o thISr Card to You.
Attach this farm to thO front Of the matloldco, cr on the back
It soada
I Addresses' Address
does not parmIL
41 i. Wdtd,,RbtUrrl'noCoiptRgqljootod'I onthe mallpiece below tho article number'
21 Reqtricted pullv�ry Q
7he Haturn09ceiptwill show 1 0 whom tb.o article was delivered
delivered.
and tha date
0
Consult tjostninsterifoe,foem Q) 1
cc
3. Article Addre'�sdd to,
46. Article Number
q :0 7 7S�a_�.-E
.2 16 -OL AkSeMar)
'a I
0)
4b. Service Type
E
a Ic Me ra-dden Lo� n e
OJIagistored 0 insured
Q
tXCertifled 0 COD
fn
CA q 5,q Zoo
0,,5xPrdts rMall 0 Return Receipt for 5
Merchandise
7. Date f vary
5, ature �14dr�essoo)
�i� if ;U�Ueslad a
8 s a qA-- I 0.� (Only If reqUest
cc
'WCC
f els 0al
0. Sign6tum (Agoht
0
Ps 1018'rrn,3,81 LIDedember 1991 *U,S. dpoi J992-323-02 DOMESTIC RETURN RECEIPT
4 d9Z
I ?
LAN D 0 F NATU RA L W EA LTH AN D BEAUTY'
PLANNING DIVISION
DEPARTMENT OF DEVELOPMENT
7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397
TELEPHONE� 016) 538-7601
FAX: (916) 538-7185
January 12, .1994
Alba Houseman
10 McFadden Lane
Chico, CA 95928
RE: USE PERMIT --APPEAL OF PLANNING COMMISSION DECISION
f
Deat Mr. 11ouseman:
The fee.fok An appeal to a Planning Commission Decision includes
a deposit of $175.00 for the Planning Division. the total work
amounted to $219.90 by the Planning Division, So there 'is a
remainder due of $44.90.
If yot have any quest -ions regarding this matter, please contact
this 6ffidto
incerelyj
Paula Leasure
Principal Planner
PL/ds
0
00
CV)
SvIll
- A
Sit I
p IV. arid ZIP C&
0!910—A .— ".. -T q Z,�
Ce,rkilied I've
SPLIOW 004ery h1f,
1`1091ra 100 Dili'my ri"o
Io Whom t)eavelp'l
1101i)(11 lk�wljl Showing to Whom.
Vale and Aajjr(,,,s
TOTAL Pm.laijv,
Pos IrTmik or Mile
ffutte coun
T
PLANNING DIVISION
DEPARTMENT OF DEVELOPMENT SERVICES
7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 9590t-339-7
ir�LEPHONE-, (910 S38-7601
FAX: 19161638-7786
January 5, 1994
Alba Houseman
10 McFadden Lane
Chico, CA 95928
CERTIFIED MAIL
Re: Use Permit and Variance, AP No. 040-020-033 and 128
Dear Mr. Houseman,
Enclosed your validated Use Permit No.
93-28 to allow the segregation of a homesite
in wi ag-icultural 7one and Variance No.
93-13 to -the required site area on property
zoned A-20 located on the southeast comer of Midway and McFadden Lane at 10
McFz.dden Lane, Chico.
Should you have any questions regarding this matter, please contact this office between
8:00 m. and 4:00 p.m, Monday through,
Thtir.gday.
Slnceroly�
Paula Leasure
Principal Planner
Pl,,bd
'Enclosure
cco Building Division
Land Development Division
Envir , onmental Health
Department of Forestry
BUTTE COUNTY BOARD OF SUPERVISORS January 5, 1,994
DATE: (Cartified �&ff Rec4
93-28
PE RAUT NO.
040-02M33,128
ASSESSOR'S PARCEL NO.
Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the
special conditions set forth below: Alba Houseman is hereby granted a Use Perm I it in
accordance with application filed- June 11, 1993 to allow the segregation of a homesite
6
in anlagricultuial zone.
1. Failure to comply with the conditions 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
eondit I ions 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 pemlit. 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 Pernilitt6ce.
SIM CIAL CONDMONS:
L Parcels to be croated pursuant to Chapter 20 of the Butte County Code. and the
State Subdivision Map Act
2. Prior to the division being effective, the owner or Owners of the property in cfluded
in the approved development shall execute a I nd cause to be recorded in the office
of the Recorder of Butte County, a restriction binding upon t I he original owners
And their heirs', 8ticcessbr8i and asgiigngo which disallows additional dwellings fibin
being located on the agricultural property or the agricultural segregation parcel.
The Use Permit and covenant shall be in force for a M, hu -mum. of 10 years front
the fiffie of recor&g of the covenant and Will continue Until the applicant applies
for termination or partial termination theredfi I I
4. Applications for termination nr pi-fial tirmimtjon shall be. comidored in the =A -
manner as applications for Use Permits-, pursuant to Sections 24-43 ffiwugh 24-
48 of the, Butte County Code. The Board of Supervisors options for action on
such application are:
a. Terminate or partially terminate the covenant and remove conditions from
Use Permit. Applications for termination or partial terniination to be
accompanied by the fee set by resolution of the Board of Supervisois to
be deposited in the County general fund, no part of which shall be returned
to the applicant.
b. Extend the covenant for a period not to exceed ten (10) years.
Consider the area for a change 'in designation from Orchard and Field
Crops, Grazing and open Land, or Agnicultural-Residential to a non-
agricultural designation under the General Plan'.
5. The Use Permit and covenant shall be 'in force for the agreed upon time unless
the General Plan is amended and the property in question is no longer designated
agricultural. If this should occur, the applicant may apply for termination of the
covenant.
6a It shall be the duty of the seller or his agent to inform any possible buyer or his
agent of the existing covenant and of its terms.
7. Within ten years from the date 'of this Use permit approval, remove the two
existing mobile homes from the homesite parcel so that only one residence
remains.
8. Me.% the requirements 'he Butte County Environmental Health Department.
9. Applicant must also conjay wifli all other applicable State and local statutes,
ordinances, and regulations.
NOTE: Minor changes may be approved admi'mistradvely by the Director of
Development Services upon receipt of a substantiated Written request by the
Appricant. 'Prior to such approval, ver . ification shall be made by each Department
or Division that the modificadoti i's consistent With the application, fees paid -and
environmental determination a conditionally approved, Changes deemed to be
major or significant 'in nature shall require a formal application for amendment.
I hereby 'declare under penalty of pedury that I hive read the
foregoing.
conditions, that they Aft in fact did dbhdidons which were imposed upon the granting of
this lYse Permit, and that I agree to abide fully by said conditions.
Datedi _LZ
J
"VA.RIANCE
COUNTY PLANNING COMMISSION November 18, t993
DATE
93-13
VARIANCENO.
9-40-020-033, 128
ASSESSOR'S PARCEL NO.
Pursuant to die provisions of the Zoning Ordinance of the County of Butte and the
special conditions set forth below: Alba Houseman is hereby granted a Variance in
accordance with application filed: June 11, 1993 to the required site area on property
zoned A-20 located on the southeast comer of Midway and McFadden Lane at 10
McFadden Lane, Chico.
SPECIAL CONDITIONS:
1. Parcels to be created pursuant to Chapter 20 of the Butte County Code and the
0
State Subdivision Map Act,
2. Prior to the division being effective, the owner Or owners of the property included
in the approved development shall execute and cause to be recorded in the office
of the Recorder of Butte County, a restriction binding upon the original owners
and the , ir heirsi successotsj and assigns, which disallows. additional dwellings from
being located on the agricultural property or the agricultural segregation parcel.
3. The Use Permit and covenant shall be in force for a minimum of 10 years from
the time of recordmig of the covenant and will continue until the applicant applies
for termination or partial termination thereof.
4. Applications for termination or partial termination shall be considered in the same
manner as applications for Use Permits, pursuant to Sections 24-43 through 24-
48 of the Butte County Code. The Board of'Supervisors options for action on
such application arei
a. 'Terminate or partially terminate the covenant and remove conditions from
use Per'nulti Applications for termination or partial ternuination to be
accompanied by the fee get by resolution of the Board of Supervisors to
be deposited in the County general fund, no part of which shall be returned
to die Applicant, I
b. Extend the covenant for a period not to exceed ten (10) years.
C. Consider the area for a change in designation from orchard and Field
Crops, Oraziing and Open 'Land or AgricUitural-Rdsildendal to a non -
Agricultural designation under the General PlAn,
=Ili
5. The Use Permit and covenant shall be in force f or the agreed tupon thom urdes
L%e General Plan is amended and the property in question is no longer d , esignAted
agricultural. If this should occur, the applicant may apply for termination of the
covenant.
6. It shall be the dut
y of the seller or his agent to inform any possible buyer or his
agent of die existing covenant and of its terms.
7. Within ten years from the date of this use permit approval, remove the two
existing mobile homes from the homesite parcel so that only one residence
remains.
8. Meet the requirements of the Butte County Environmental Health Department.
9. Applicant must also comply with all other applicable State and local statutes,
ordinances, and regulations.
NOTE. Minor changes may be approved admhiistratively by the Director of
Development Services upon receipt of a substantiated written request by the
applicant. Prior to such approval, verification shall be made by each Department
er Divisicil that the modification is consistent with the application, fees paid and
determination as conditionally approved. Changes deemed to be
majoe o-.� '01",aHica'nt in nature shall require a formal application, for amendment.
I hereb- declart., vaid.— punpity of perjury that I have read the forego I ing
conditions, that they are hol fac-t av� r,onditions which were imposed upon the
granting of this Variance, and that I ;igree txj abldle. fully by said conditions,
�t? 110,
Dated: IA- O -,.j -3
Appli
NOTE., Issuance of this Variance does not waive requirement of obtaining Building an'd
Real Oth Department permits before starting construction, -nor does it wailve any other
requirements.
CO
Land DeVelopniefit
Building Division
Health Department
Department of Forestry
j-U7&�- "J" %,A"-XLA%
County Board of Supervisors
'COUNTY OF BUTTE AGENDA
TO: BOARD OF SUPERVISORS
PROM: Dept,. of Development Services DATE: December 28p 1993
---------- ---------------------
---- --------------
SUBJECT: Board Agenda - COnSent - I/VI/94 - Alba B, Houseman and Teresa G.
Houseman - Conveyance of Development. Rightm and open Area Easement - pursuant
to donditio�l 2 of Use Permit No. 91-28 attached hereto.
----------------------------------------- -----------------------
SUMMARY OF REQUEST - ACTXON REQUESTED:
Approve the Conveyance of Development Rights and Open Area Easement and
authorize the Chairman to sign.
Additional information Attached: Yes No Describe )ea -w
Previous
Iloaid- action: Date -/,�a - -?-3
xi u
nute order %6 .2 -7.57 Summary
or Actiont, -Zcd-?-
sources Current year cost
Budgeted Yes No Annualized cost -If also
planned for n"t year
Will proposal required additional personnel? Yes No State No..
Permanent,_�Tdkporary_Other
will proposal require a budget transfets.), yea NO Xf y6b, read the
fbilowingi.-
Is Complete wokkoheet on back
2w Deadline -isr one bUs:lneiSs day Rrio, to normal agenda deadline
Administrative Oftiod Apokovalt .4is vote kdq�piijred
Majority Vote requILred
Contact Person: Lynn
TeLephon e No.: 7602
ordinance Reciuired kesoLution ReqUfmd Minute Order Required
Agreement? Yes No
Special distribution directions (copies attached):
1. Record Conveyance 3i
4.
Return to department
Legal publication and notification requirements:
Publication: Clerk to Publish and Notice attacKed Department Published and Affidavit attached
Publish: _ CoUhtyWide _ Local (specify)
Number of times Days before hearing
(Code section)
Notification; clerk to mail Notice and Notice attacheU Department mailed Notice and Aftidavid
attached
Notify: _ CountyWide _ Local (specify)
Number of time_ ays before hearing
(Code Section)
BUDGET TRANSFEII REQUEST/WoAkSHUT
List each of tile affected litlLe items with regard to their current status: cAs of
(date)
Expenditures +
Lind item EncUnb�ances To Date Balance
Transfer ReqUesti
LINE MH LINE 1TEM
ronsfee cents) f roni to
Transfer (no dents) from to
Trdnsicr (no dents) from to
Transfer (no cents) from to
Oensoh for r6qudst.-
vb�
CONVEYANCE OF DEVELOPM
AND OPEN
AREA EA5EMENI
(Homesite)
This C6nvey'anca of Development Rights and Open Area Eas"dinent ma;
a,, 6,C,
this clay q,-: 19J3_, by and 'between
a (J T-4 6=- LV --6 03.00 Mif
as Grantor(s) in consideration of the approval oF a use permit do(es)
hereby qrarj�-. to the COUNTY OF BUTTE, as Grantee, hereinafter reFerred to
as County, the development rights hereinafter set forth for the term aryd
subject -to tirmt covenants and conditions set forth below in the propert,,-,
described i vi '(Sxhlbit "A" as Paircel 2, attached hereto and made a part
�iereof, Por the express purpose of maintaining such property for
agr I cU I t-ur;z I use an,J as open area.
R E C. I T A L S
UHEAEAS4 Pursuant to the County's General Plan., the Coum�,y has -
determir,,6d that the property of Grahtor(s) describeo in Exhibit "A" is
agricult-wral land constituting a natural resoLA(4ce of Butte Coun4-.Y*, arid
WH'Z-REAS, ti�-ie County's General Plan sets forth a Policy of
Pr6tedtino the Agricultural Production Capability of Agricultural Lands.)
and the r:iaintenance and conservation of this.natural resource; and
W1 -1,1 --REAS,,- In furtherance of such pol icy, i -.he County has zoned the
Property described in ExhIbit "A" to an Aqricultural Zone; arid
WHEREAS,, !13ranbor(s 5� des! i-e(s 5 to create a. I ot rVor the purpose of
nmln;talthi�hg- e4rJ1 themeon� -such ).-at bell,ho detcr-tberl
�O?A`;-� and Vrig,
WHEREAS, Grantor(s) has (have) applied for and been granted
of the ijsi,_- permit po,-suant to the provisions o,f Butte Cot-Inty.
Code Section 24-32.47 to permit the maintenance of such residence
thereon; and
WHEREAS, 1. i - n order to preserve and maintain the agr i du 1 tura I
purposes of the Agricultural Zone in which the properties described in
Exhibit "A" are located, arid to maintain the consistency of said zone
.with the policies se t forth in the Count-y's Gene-ral Plan, It is
necessary and desirable that Grantor(s) convey to the Cobn�i:y the right
'to construct additional structures on the agricultural property or the
agricultural segregation Parcel described in Exhibit "A" as Parcel 2;
and
WHEREA80 it is the intent of the Grantor(s) and the put -pose of i -,his
grant of development rights to callow the Graintor(s) to maintain a
'dende on the lot described aZ Parcel 1 on Exhlblb "All and prohibit
rest
the maintenance of residences on the property described In Exhibit: "A"'
at Parcel 2 to at to net-bher increase nor decrease the number of
retiddhces Permitted by the zone in which the said properties are
i oceited -
>L THEREFOREs in cons' , ld�eratlon of the approval of the Use permit
I
granting permisslon to Gra'-ItOi-(s) to maintain a single family residende
on Parcel 1 for the purpose of majn-talMlh.,,:�.Parc<, 2 as open area for -
agricultural purposes, Gt-aotor(s) granb(s) to the COUhl-.1' an,opeh-Area
1,,gatem6ot wI.thi Gm.ant-or...,�,$) andit,.the I r- successors I ght to :constrLitt �an'd V
maintain any res . Ident-tal Uses an the
as Parcel 2 subject 4.-0 'Ohd foll6WIho b6rms and cOndIblOns*
1. Grantor(s) reserve(s) the right to construct'6�, maintain any
agricultural buildings or to use Parcel 2 for an� agricultUral uses
Uthe.,Wcc- :D,, �jrdinanc,,-S C;,Aly adopteu by the C6unty; or
ord,inances hereinafter adopted by the County to regulate.the' use of the,,,:
property des4�-ribed as Parcel 2� except any rights. -to con�truct or
maintain any accessory buildings, subject to any regulations or
limitations set forth in any such ordinances.
2. Nothing in 'this instrUffient shall be construed to affec',- the
right of Grantor(s) to !aY,,operate, maintain� repair or remove water
and sewer.pipe lines, condults,or drains below the surface of the area
described in Exhibit "A` in -S Parcel 2 insofar as such activities are not
4dental to establishing any residential use of said �area, and are no��k
inct
in conflict With the pr-ovisi.)ns of this Orant.
3.' This grant of development rights shall not be ronstrued to
permit the public to enter Upon the properties described in Exhibit ,A,,
for any Purpose whatso6vert
This easement and grant of development rights shall terminaite
and the r-41 ghts Orahtod to the County here I n shal 1 revert- to Graotor(s)
Upon the occurrence -of any 0 f the f 0 1 1 OW I ng P I ahn 1 nq Comm I ss' I on and/or
Board of Supervisors 6ct-t ohs:
I
ae Terminate the toyenant and remove conditions From Ose
Permit,
b. Change of the Geniarbi Pl6n desi,ghat-iom from orchard and
F�Ield Cropio"Grating, and Open L'anid,
R 'd norL- e
Osi erittial t d- a a0ricwturzli,�dsighati n .Under tk` AW
V
-0t, ZMA
VI!
General Plan.
5. Grantor(s) aGree(s) that this document may be recorded jvl�
BUtte County Recorder s 011fice,
IN WITNESS WHEREOF, the,Grantor(s) I has (have) caused -these presents
to be exedi.1ted as of t.he day and year first above Nritteh..
Q� GRANTOR(s)
ATTACH NOTARY PUE31-IC VEkIFICATiON
STATE OF CAUPOBNtA )$a.
coUNT1Y OF
On__�a— before met
personally appeared ��19 13,
oersonauy known to me igr proved
to hie on the basis of 6atisfactorY evidence) to be fhe person(s) whose hame(W W�we subscribed to the within
lnsWrneht and acknowledged to me that helemAheY eXecuted the samb Jrhim+wAhelr authorized capaclty(les)i
and that by ho"Mheir 61griaturo(s) on the ifistiument Oid person(s),or the ehilty u0on behalf of which the
person(s) acted, ekocuted the InstimirrienL
OOMdAL M6TAAY SEAL
P&RICIA J, PERKINSF.
WMES &
146tary Pub1la
"I Bum COUNIX"r -i
Signa p U L, 9 1
1Myd4mm-,tx0r6ijULQv
Alp,
17)
"1 29"
qi CN
�Nz
sl
14
USE PERNW,
BUTIM COUNTY BOARD OF SUPERVISORS
DATE: (Certified Mail Rec.)
93-28
PERMIT NO.
040-020-033, 128
ASSESSOR'S PARCEL NO.
Pursuant to the
provisions of the Zoning Ordinance of the County of Butte and the
specL,J conditions set forth below: Alba Houseman is hereby grant�d a Use Permit in
accordance with application filed: June 11, 1993 to allow the se regation of a homesite
in an agricultural zone. 9 ,
1. Failure to comply with the 'conditions 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 yr_nyided 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 Permlittee,
3. IfiLy use ft,,.r which a Use Permit has been granted is not established
one year of the date of recei t of the countersigned permit by the
ip
Ittedo the permit shall become null and vold and reapplication and a
Permi
new permit shall be required to establish the use,
4. The terms and conditions of this pernuit sha 1 11 run with the land and shall be
bhiding upon and be to the benefit of the heirs, legal representatives, successors,
and assigns of the Permittee.
d
SPECIAL CONDITIONS.
1. Parcels to be created pursuant to Chapter 20 of the Butte County Code and the
State Subdivision Map Act,
no kion beL
I P r to the divi in dketive, the owner Or owners of the property included
in the approved development shall execute and cauk to be recorded in the office
of the Recorder of Butte County-, a -restriction binding upon the original owners
and their helrs� successors, and assigns, which disallows addidoi*1 dwelfts ftorn
being located on the agricultural property or the agricultural segregation parcel.
3, The Use Permit and CoVenant ghtill be in force for a minlhurn of 10 ft'
I years om
the tirfid of recording of the cov6nant and will continue Until the applicant ��ppfi
ies
for termination 'or partial termination thereof,
4. Applications for termination or partial termination shall be considered 'in the same
manner as applications for Use Permits, pursuant to Sections 24-43 through 24-
48 of the Butte County Code., The Board of Supervisors options foraction on
sucii apyl:"tion are:
a. Terminate or partially terminate the covenant and remove conditions from
Use Permit. pplications for termination or partial termination to 'be
accompanied by -Che fee set by resolution of the Board of Supervisors to
be deposited in the County g( --neral fund, no part of which shall be returned
to the applicant.
b. Extend the covenant for a period not to exceed ten (10) years.
d. Consider the area for a change in designation from Orchard and Field
Crops, Grazing and Open Land, or Agriculturadl-Residential to a non-
agricultural designation under the General Plani
5. The Use Permit and covenant shall be in force for the agreed upon time unless
the, General Plan is amended and the property in question is no longer des I ignated
agricultural. If this should occur, the applicant may apply for termination of the
covenant.
6. it shall be the duty of the seller or his agent to miform any possible buyer or his
agent of the existing covenant and of its terms.
7. Within ten years from the date of this use permit approval, remove the two
existing mobile homes from the homesite parcel so that only one residence
remains.
9. Meet the requirements of the Butte County Environmental Health Department,
u
9. � Applicant must also comply with all other applicable State and local statutes,
ordinances, and regulations.
NOTE., Minor changes may be approved administratively by the Director of
Development Services upon receipt of' a substantiated written request by the
Applidanti Prior to such approval, venificadon shall be made by each Department
or Division that the modification is consistent with the application, fees paid and
environmental determination as conditionally Approved'. Changes deemed 'to be
lg ificaht 'In nature shall require a 'formal application for ainendment.
major or si ni
I hereby declare . under penalty of perjury 'that I have read the foregoing
conditions, that they ate in fact the conditions -which 'Were imposed upon the granting of
this Use Permit, and that I agree to abide fully by said conditions,
Datedi
Applicant
CBL: pp
Encls
Pimping b0poliplew
DEC 0 8 1893
1 17
CARL B. LEVERENZ
j5ir. WALL STREMT
A PROFESSIONAL CORPORATION
cHicoj CALIFORt,41A 1D�§'n
TELEPHONE (016) 89155-1621
FAX i;7Z)
December 7, 1993
Paula Leasure
Principal Planner
County of tutte
Planning Division
Department of Development Services
7 County Center Dive
oroville, CA 95965-3397
Dear Paula:
Re: Use Permit, AP Noi 040-020-033-128
Alba liou8eman
Pursuant to your letter of November
18, 1993i 1 am enclosing
two copies of the fully executed Variance
and two copies Of
the fully executed Use Permiti A18o
enclosed is the.fully
executed and notori2ea Conveyance of
Development Rights and
open Area Easement.
Mr. and Mrs. Houseman have asked that
I forward these docti-
ments to you.
If you have any questions, please do
not hesitate to contact
me.
V e -1^ truAy YO r-.B�r
CBL: pp
Encls
Pimping b0poliplew
DEC 0 8 1893
OFFICE OF COUNTY COUNSEL
COUNTY OF BUTTE
�5 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3380 (916) 538-7621 FAX (916) 538-6891
X
NEIL H, MCCABIE "i
AMISTANT COUNTY COUNSEL
(z . V.4.,
'J"A
SUSAN MINASIAN DAVID M. McCLA111i,
COUNTY COUNSEL cniEF bmvrY COUNTY doumi,
November 18, 1993 GREGORY P. EMORN
CHW DL -M COUNTY COUNSEL
Carl Leverdnz
515 Wall Street
Chico, CA 95528
Re: Houseman Agreement of Acquisition
Dear Mr. Leverenz:
We have been expecting to receive from yo the signed
Agreement of Acquisition and the deed f or the ijicycle path
easement, the basic terms of which were agreed upon at our meeting
in your office on October 20, 1993.
Meantime, you have indicated t.L.Le Housemans wanted written
assurance that their agricultural segregation has been approved and
that the map implementing it will also be approved.
a
The Hotisemans should have received a letter from William
Fatrdlo the Director of the Development services Departmehtj dated
October 13 confirming that the Boatd of Supervisors approved the
agricultural segregation on October 12, 1993. Also, I am. enclosing
for your information a copy of the minutes of the Board of
Supervisors for October 12, 1993', regarding this action,
The Housamans will be receiving soon a follow-up letter from
Development Services lhcludi6nq the use permit and variance which
were a part of the approval. The HbUsemahr. should sign and return
these as directed 'in the transmittal letteri,
Also� it will, be necessary for a conveyance of development
rights to be prepared and signed by the Hou8emans. This is to
cor . aply with the condition of approval restricting the Use of the
Agricultural patcel for agricultural purposes, The conveyance form
should be ihdluded in the letter the Hou'semah8 will be tecdi'Vinji
I Ndtmallyj the proect engineer prepares the legal description for
3
1 inclu i in the conveyance fotmi.
sion
It is Tay hope that- the Housemans will now sign (and have
i
notari':�ed) the Agreement of Acquisiitiloh and the easement deed,
When they have done Siot please call ait Waugh at 538-1681 and he
will come to your office to pick, them up.
Normally, the map banlementing sn P.gr4xultural segrec
4pprbved vlttudlly as a ministerial matter. A map conforming with,
the tentative map considered in connection,with the agri
cultural
segregation would normally be ed. Here, the map which has
so approv
been submitted Varies from the map which was considered previously,
and 1, cannot assure you 'that it will be approved in this modified
form.
Please feel free to call me if you have any questiollis
regarding the above.
very truly yours,
SUSAN MINASIAN
Butte County Counsel
By,
Neil H. McCabe
Assistant County Counsel
cc: Tl,,u Waugh, RIqh-- of Way Agent
6tUatt Edell, Mgt. Land DeVelopmebt DiV.
ER:
fate Itomb I add/Or 2 for addltionnIA&VIc6s,
10) MPldt6 Items 3, and 4a & b
Print
elso wish �.to'i
receive the
your nuiilci and addto& tl� the reverse. of t fOI16W)hg sery 1368
f0tuth this cded to you. his form so that We can
Attach this fee
1 br On extra
form I ;
to tills front of the maji0loce, a
does hot permit. r oil the back Wapace
W I ". 1 0 Addressee�
r to , Ratuth hedelpt 116006f6d"
an th
The Aeturn'Rdaajpt,wjjl $flow to , fl, 0 Me P.000 below the article nljmbdr
Ot w on! 110 Ortict"Was delivered and tho dath' t I
2. Res r Cte 'OjIV6
a C6hsUlt
3. Article Addr X�
Fj I
essed tw,
al
Iq 60— e
�Ere)
oSt ast Of for, fetj'\�'
Arliclo Nutriber '7
q S) 6, Sl 16
0
0 10
4b,
0 11iogisterd InsUfad
U,
q6qZOq
COD
, '�4011 Lj k0tuerl RdcblPt for
im
MOtcho diso
7. Date of Delivery
M 6, SlonhtUrd (Addresses)
L(
-:3 4
eV
8. Addt esSOd's Address if tog 0$
bhd fee Is Oald) U ted �j
cc rMWt-(Ag6ht)
PS FOrm 3811, D-dwbot, I 99T, *U,S, GP�,,f 11962-323400 DOMEIS'ri(��RETURN REC�EIPT
1 4-
'A U T
PLANNING DIVISION
DEPARTMaNT OF DINVELOPMENT IERVICEB
1 COUNTY CENTER DnIV8 - OROVILLE, CALIFOnNIA 08006-3307
TELPHONE: 19101530-7061
FAX; (910) 630-7785
November 18, 1993
Alba Houseman
10 McFadden Lane
Chico, CA 95928
CERTTFIMD MAIL
Re- Use Permit, AP No. 040-020-033, 128
Dear Ms. Houseman:
We are enclosing the original and one copy of your conditional Tise Permit No. 93-28
and Variance No. 93-13. Both: copies must be signed and returned to tills department
withfii 30 days from the receipt of this letter. We will then have them validated by the
Chairman ot, the Butte County Board of Supervisors and the original 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 beconlhig invalid. Re-application to this department would then be necessary
''I
to proceed with the project.
'The TJse Permit 19 deemed granted when this permit has been signed by the applicant,
with the counter signature of the Chairman of die Board of Supervisors, and said permilt
is r'we'ivpA by the applicant by registered mail,
Should youhave any questioni regarding this matter, please contact this office between
8:00 a.m, and 4:00 -pimi, Monday through Thursday,
Si -
Paula Leasure
P im
-cipal Planner
PUbd
�APPENDIX A
NOTICE OF ExEmprION
Butte County Planning Division
TO: Offiw of Plahning and Research FROM.
1400 Tenth Street, Room 121 7 County Center Driva
Sacramento, CA 9S814 Oroville, CA 0.59,65
X, County Clerk
CAJunty of Butte
25 County Center Drive
Oroville, CA 95965 1 L
E
OCT 2 6 7993
Project Title: Use Permit
CANDACE J, GRUBBS, Bufte Co. Clark
Assessor's Parcel No.: 040-020-033,128 i3y A. Miller Deputy
Name: Alba Houseman
Project Location -Specific: Located on the southeast comer of Midway and McFadden Lane at 10 McFadden Lane,
Chicoj CA.
Project LAMtion-City: Chico Project Location -County.- Botte,
Description of Nature, Purpose and Beneficiaries , of Project- Use Pernuit to allow the segregation of a homesite in an
agricultural zone and a Variance to the required site area.
Name of Public Agency Approving Project: Butte County Board of Su pervisors
Name of Person or Agency Carrymg Out Project Alba House
Exempt Status- (Check One),
Mmiisterjkl (Seci 15073)
Declared I Emergency (See. 15071(a))
Emergency Project (Sec, 15071 (b) and (c))
.X— Genew Rule Exemption. State type and section number 15061 (b) (3)
,Reasons why project is exempt: The activity is covered by the general rule that CEQA appfi&� only to projects Which have
the potential for causing a significant eftect on the environment. Where it. can be seen with certainty that there is no
possibility that the activity 'in question may have a signifleaht effect 'on the environmenti the activity is not 'subject to CEQA,
Contact , Persono Paula Leasure telephone: (016),538-7601
iffiled by applicant -
1. Attach certlified document of exemption findingi
2. Has it notice of exemption been filed by the public agency approving the project?
Yes No.—
Date Received For Flilng
Signature Paula S. Leasure
Priggibol Plannet
'DECLARATION OF FEES DUP-,
(California Fish and Game Code section 711.4)
NAME AND ADDRESS OF APPLICANT
Alba Houseman
10 McFadden Lane
Chico, CA 95928
CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 15061 (b) (3)
i. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION
[X] A. Statutorily or Categorically Ekempt
$25.00 Clerk's Documentary Handling Fee
NOTICE OF DETERMINATION - NO FEES
2. A. DeMinimus impact- certificate of Fee Exemption
$25.00 Clerk's Documentary Handling Fee
3. NOTICE OF DETERMINATION - PEE REQUIRED
A- Negative Declaration
$1,250 State Filing Pee
$25.00 Clerk's Documentary Handling Fee
8. Environmental Impact Report
$850 state Filing Pee
$25.00 Clerk's Documentary Handling Fee
4. OTH)�R (Specify)
$25ioo Clerk's Documentary Handling Fee
PAYMENT/NON-PAYMENT OF FEES:
1i tX3 PAYMENT. The above fees have been paid.
'See attached r6ceipt(s).
2. NON-PAYMENT. The above fees are required. Not paid.
Chief Planning Official
By: Paula Leasure
'Principal Planner
Lead Agency-. Developtnent ReVieW, COMMittee
TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTE I D WITH ALL2
ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERKS OFFICE.
THREE COPIES OF ALL NECESSARY DOCUMENTATIO14 ARE REQUIRED FOR
'FILING.
UE A
AM APPLICABLE FEES ARE. D N0 PAYABLE PRIOR TO THE FILING OF ANY
ENVIRONMENTAL DOCUMENT WITH THEBUTTE COUNTY CLERK'S OFFICE. MA ; IKE
CHECKS PAYABLE TO THE COUNTY OF BUTTE.
A
10
>
PLANNING DIVISiON
DEPARTMENT OF DEVELOPMENT SERVICES
7,coUNTY CENTER DRIVE - OROVILLE. CALIFORNIA 95965-3:Z9.7
TELEPHONE: (916) 538-7601
FAX; (916) 638-7786
October 13, 1993
Alba Houseman
10 McFadden Lane
Chico, CA 95928
Re: Use Permit/Vanance, A.P,040-020-033, 128
I)ear Ms. Housemaw
At the regular meeting of the Butte County Board of Supervisors held October 12, 1993i
your appeal ot the Planning Commissionts approval for a use permit to allow the
segregation of a honiesite in an agricultural zone and a variance to the required site
area on property zoned A-20 located on the southeast comer of Midway and McFadden
Lane at 10 McFadden Lane, Chico approved sub�.ect to the following condit ions:
1. Parcels to be created pursuant to Chapter 20 of the Butte County Code and the
State Subdivision Map Act.
2. Prior to the division being effective, the owner or owners of the property included
in the approved development shall execute and cause to be recorded in the office.
ri I binding upon the original owners
of the Recorder of Butte, County, a rest 'ction w io
and -their heirs, successors, and assigns, which disallo 8 addit nal dwellings from
being locate don the agricultural property or the agricultural segregation parcel.
3. The Use, Permit and covenant shall be Iti force for a minimum of, 10 years froni
the time of recording of the covenant and will continue until the applitant applies
for termination or Pas4lial tdrminatiOlk thdr6bfi
4. Applic-atiorLs tot termination or partial termination shall be considered 'in the same
manner as applications for use petmitd) pursuant to Sectiong 24-43 through 24-48
m's8'o options for action on such
of the Butte County Code4 The Plamiling Com I I n I
spplicatilon are,
o -rom
Terminate or partially �mrininate.' the covenant and remove c riditions f
use permit. Applications for termination or partial termination to be
accompanied by the fee set by resolution of the Board of Supervisors to
be deposited in the County general fund, no part of which shall be returned"
to The appl-cant.
b. Extend the covenant foir a period not to exceed (10) years.
C. Consider the area for a change in designation from Orchard and Field
Crops, Grazing and Open Land, or Agri cultural -Residential to a non-
agricultural designation under the General Plan.
5. The Use Permit and covenant shall be in force for the agree -upon time unless
the General Plan is amended and the property in question is no longer designated
agricultural. If thi,,, should occur, the applicant may apply for termination of the
covenant.
6. It shall be the duty of the seller or his agent to inform any possible buyer or his
agent of the existing of the covenant and, of its termsi
7. Within ten
I years from the date of this use Permi,� approval remove the two
existing mobile homes from the liomesite parcel so that only one residence
remains.
8. Meet the requirements of the Butte County Envilroamental Health Department.
9. Applicant must also comply with all other applicable State and local statutes,
ordinances, and regulationse
Your Use Permit and Variance will be issued after the official approval of the Minutes
of the Board of Supervisors for October 12, 1993. Should you have any questions
regarding this matter) please contact. this Department,
Recently enacted legislation (AB 3158i -
Chapter 1706, Statutes of 1990� effective Janutiry
L 1991) requirus that the Depaiment of Fish drid Game impose and collect riling fees
as specified to defray ;',',,ie cost of managing and protecting fish and wildlife trust
resources. These, filing fees are collected during the environment-,! review process and
are to be I
paid at the time the County files a "Notice of EWrnptlon" With the County
Clerk of the County in Whiell the project is located. This procedure is requited putwant
to Section ki52 of the Public Resources Co4d,
To Increase AdmiftistrailVe efficiency, the statute delegated the collection of filing fees
to the County Clerk and provided the County authority to collect a $'0-3.00 documentary
haud"Ing feei Me fee tot thefilling of a Notice of �)e oil Isthe $25-.00 documentary
handiing fee. A check made payable to the Cdtin mp'i
submitted to the County by October 1 1% 1993, n the amount of $25,06 should.be
Project applicants should be aware Section 21089(b) of the Public Resources Code,
provides that any project approved under the CEOA Is n0t opetativej vestedo or final
until the filing fdds requited under Section 111.4 of the Fish and Game Code cite paid.
i
0
ouft
ifte t
LAN D 0 F NAT,URAI. WEiALT.H- AND BEAUTY
PLANNING DEPARTMENT
7 COUNTY CENTER DRIVE - OROVILLE. CALIFORNIA 95965-3397
TELEPHONE: (016) 538-7601
MEMORANDUM
T04 Butte County Board of Supervisors
FROM: Bill Farrel, Director of Development Services
Craig Sanders, Project Planner
SUBJECT: Alba Houseman, Use Perrmit Appeal,,AP 040-020-128 and 038
Board Agenda October 1Z, 1993
October 1, 1993
RE QUEST:
This is a request to appeal a condiltioti imposed by the Planning Commission on a Use
Permit for the segregation of a bomesite pursuant to Section 24--54 of the Butte County
Code. The applicant specifically wishes to delete condition, #7 of the Use, Permit which isi
"Remove the two existing mobile homes front the homesite. parcel or redesign the parcel
to leave tile two mobiles on tile agricultural paftel. If the second option is chosen, the
applicant will bve to resolve the q ' uestion of the two niobi'le- 1hotnes being a mobile home
park," In accordance with Section, 24-28 of the County Code, appeals to the Board s1Wl be
conducted de novc which opens all of tile conditions up for discussion -as well as the
Planning Commission's recommendation, of approval.
Staff recommends that the Board uphold the Planniing Commission's decision and deity the
appeal request.
IBACKGROUN)�.-
This project is a Use Permit request to allow the segregation of a 2 acre home site from -an
182 aere parcel in an A�1.0 zonei The applicant i's also requesting a vartance to the
s 'pulatioift that the parcel meet the area require m-ent of the zofte before segregationi The
ti L
parcel to, be segregated is developed with three dwellings; a hou8e and two mobild homegi
The romalming t4ndsare planted in almonds,
As stated in Section 24-54 the purpose and intent of the section is to allow the segregation
of one (1) existing home in an agricultural zone provided that the proposed segregation
meets the following criteria:
1) The parcel to be created is to allow an owner who, for a minimum of ten (10)
continuous years immediately prior to application, has resided upon and farmed the
subject property, to retain the existing home and continue the remaining acreage in
agricultural use.
2) The existing parcelks) shown on the plan together meet the parcel area requirements
of tile zone. if there are contiguous parcels under related ownership only enough
parcels must be included in the plan to meet the acreage req I uirements of the existing
zone.
3) The proposed segregation will not reduce the capabilities for agricultural use of the
non -home parcel and surrounding properties,
4) The proposed segregated pairel meets the requirements of the County Health
Department for sewage disposal and water supply.
5) Tile proposed segregation is consistent with the policies of the Butte County General
Plan because of the covenant required in section 24-54(d),
6) The existing home parcel being segreg,,-ed is not less than one (1) acre and not niore
than two (2) acres or the minimum lot area allowed: by the County Health
Department, whichever is greater.
The application fails to meet the putpOse and intent of the ordinance because the
segregation parcel contains three dwellings instead of one and it also does not meet criteria
2 above. At! three dwellings are legally placed and according to the applicant, the two
triobile homes are currently rented out. According to the Butte County Code and the state
Department of Housing and Commatuity Development, the rental of two or more mobile
homes constitutes a mobile home park and requires licensing from the State and a Use
Permit from, the County, The use pennit should not be approved unless the question of the
mobile fionic park can be resolved or conditioned to eliminate the concerti.
The applicant Is also requesting a variance to tile ordinance's requirement the parcel meet
t I he minimum of the zone. Staff can find no justification for granting the variance other than
the fact that the remaining 16+ acres I's certainly as agriculturally viable as the r&mailrdlng
parcel that results from the segregation of a home site in an A-10 or A-5 zone where the
remaining parcel could be as small either ag 8 or 8 acriesi The orditiatico, should gp, 'Nlfy
4 m 'intift! parcel size based on agricultural production riot an arbitrary size based on the
im
zom-Ing,
Thils project appears to be exempt from C801A review under section 15061 (3)� file general
ruleexemptilori� which states.!
OCEQA applies only to pr 'ects which have the potential fo
01 r causing a significant
effect on the environment. Wbere it can be seen with certainty that. there is no
passibillity that the activity in question may have a gignff-icant effect on the
environment, the activity is not subject to CEQA."
As an agide note, the County has been in the process o' equiring easements for a bike path
along the abandoned railroad right-of-way betwe.,n Chico and Durham. Most of the
easements have been acquired and the Board of Supervisorshas authorized the filing of a
condemnation action to acquire the remaining easements, including an easement on the
westerly portion of the. property that is the subject of this use permit. This application will
'not have a direct impact on the easement or bike path.
ItE COMMENDATIONS:
Staffs original recommendation to the Commission was for denial of request based upon
non-eompliance with the requirements of the; ordinance. Approval can be recommen(ad
only if the segregated parcel is reconfigured to move tile two mobiles to the agriculti-ral
parcel or if the mobiles are removed altogether. That same position is still recommended
and condition #7 should be retained. A recommended motion is as follows:
A. Find that theproject is not subject to envimimental review under CEQA as per the
general rule exemption, and
B. Find that the proposed use of the property will not impair the integrity and character
of the zone in wI.Ilich the land ties and that the use would not be unreasonably
incompatible with or injurious to surrounding property or detrimental to the health,
safety, and general welfare of the persons residing or working in the neighborhood
-or to the general health, welfare and safety of the County, because the granting of
this use permit will not affext the ongoing agricultural operations on site and the
.recommended conditions will bringthe pro'ect into substantial compliance with the
ordinance. and;
C. Grant a Use Permit to allow the segregation of a one to two acre home site and a
' I
variance 110 the 20 acre requirement of the homeglite segregation ordinance on AP
040-0220-033 & 028 (qouseman), subject to the following conditions,,
11 Parcels to be created pursuant to Chapter 20 of the Butte County Code and
the State Subdivision Map Acti
Prior to the division being effective, the owner or ownors of the property
included in the approved development shall execute and cause to be recorded
in the office of the Recorder of Butte Countyj a restrilction binding upon the
original owners and their helrs� successors, and assigns, which disallows
additional dwellings from being located oft the ag i ultural property or the
ric
tigricultural segregation parcel,
3. The Use Permit and covenant shall be in force for a Minimum -of 10 ye.,_rs
from the time of recording of the covenant and, will continue until the
applicam applies for 1:6rmination or partial teritination. fhdkedL
4. Applications for termination of partial terrriination shall be considered in the
same matmer as applicaticins for use permits, pursuant to sections 24-43
throagh 24-48 of the Butte County Code. The planning commission options
for action on such application, are:
(A) Terminate or partially tern-Anate the covenant and remove conditions
from. use permit. Applications for termination or partial termination
to be accompanied by the fee set by resolution of the board of super-
visors to be deposited in the county general fund, no part of which
shall be returned to the applicant.
(B) Extend the covenant for a period not to exceed ten (10) years.
(C) Consider the area for a change in designation from Orchard and Field
Crops, Grazing and Open Land, or Agricultural -Residential to a non-
agricultural designation under the General Plan.
5. The use Pern-tit and covenant shall be in, force foi, the agreed-upon tirrie unless
the General Plan i's amended and the property in question i's no longer
designated agricultural, If this s hould occur� the ahplicant may apply for
termination. of the covenant.
6. It shall be the duty of the seller or hi's agent to inform any possiblebuyer or
his agent of the existence of the covenant and of its terms.
7, Remove the two existing,mobille homes from the hornesilte parcel or re -design
the parcel to leave the two mobiles on the agricultural parcel, If the, second
option i's chosen, the applicant will 'have to resolve the question of the two
mobiles being a mobile home park.
8. Meet the requirements of the Butte County Environmental Hdalth
Department,
4
9. Applicant niust also comply with all other applicable State and local statutes,
ordinances and. regulations.
If the Board makes any decision that allows the three dwellings to remain on the segregated
residential parcel. then it would also be appropriate to initiate a code amendment to change
the intent of Section 14-54 of theButte County Code on hordegite gegregafiotm
MrIhStar;
ENGINEERING
Mil Engineers Planners *,Surve
September 2, 1993
CLERK OF THE BOARD OF SUPERVISORS
25 County Centei� Drive
Oroville, Ca. 95965
Re: Use Permit for Alba Houseman
10 McFadden Lane, 42111 14co - AP 40-20-033, 128
'Honorable Clerk and S�ap�Brvisors;
on behalf, of our client, Alba Houseman, we request to appeal
Condition 47 of the conditions of approval for said project as
imposed by the Butte Cbllnty Planning Commission at their meeting on
August 26, 1993.,
Enclosed please find a chock for the Appeal fee in the amount of
$250AOi
Sinderelyt
NORTHST,XR ENGINEERING
Rick Rbdriguet
20 MLARATION DRIVE
CHICO, CALIFORNIA 95926
0
NwthStar Ccr�q *-�o
ENGINEERING
T7,vii Enoneers Planneis surveyo
September 3, 1993
Ms. Carol Roach, Clerk of the Board
BUTTE COUNTY BOARD OF SUPERVISORS
25, County Center Drive
Oroville, CA 95965
Re: Peterson TSM - AP# 39-46-24,and 30
Dear Ms. Roach:
I am in receipt of the letter from the Land Development Division dated August 31, 1993,
regardhig the approval of the subject project. In this letter condition # 18 requires the
construction of street, improvements, including curb, gutter and sideWA, on Holland
Avenue from the south line of Faber Avenue to Durham Dayton Highway. it is my client's
opinion that this condition is excessive and on his behalf, I would like to respectfully appeal
this condition to the Board of Supervisors.
Please find enclosed a check in the amount of $240.00 for the appeal fee. Please notify me
of the hearing date.
Should you have any questions or require further ihifdrmation� please contact this office.
Smcerely�
NORTHSTAR ENGINEERING
6t-14"
James A. Stevensq PLS
ect ck Fetersoti
Mike Orr
C�'
20 DECLARATION OAK
CHIM CALIFORNIA 95926
rl6-.893-1600
PLANNiNG DEPARTMENT
7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397
TELEPHONE., (916) 53847601
August 24, 1993
Alba Houseman
10 McFadden Lane
Chico, CA 95926
Re: Use Permit, AP 040-020-033, 128
Dear Mri Houseman:
At the regular meeting of the Butte County Planning Commission held August 26, 1993,
your request for a Use Permit to allow the segregation of a homesite in an agricultural
zone and a Variance to the requIred site area on property zoned A-20 located at 10
Mc'Fadden Lane, Chico, Was epproved subject to the following Conditions:
1. Parcels to be created pursuant to Chapter 20 of the Butte County Code and the
State Subdivision Map Act,
Z Prior to the division being effective, the owner or owners of the property included
in the approved development shall execute and cause to be recorded in the office
of the Recorder of Butte County, a restriction binding upon the original owners
and their heirsw succetsors, and assigns, which disallows additional dwelling,-, from
being located on the agricultural property or the agricultural segregation parcel,
3. The Use Permit and covenant shall be in force for a minimum of 10 years from the
time of recording of the covenant and will continue until the applicant applies for
termination or partial termination thereof.,
4. Applications for termination or partial tormination shdll be considered in the same
manner as applications for use pormitsi pursuant to sections 24-4-3 through 24�48
of the Butte County Code, The planning commission options for action on such
application are:
(A)
A
Terminate or partially terminate the covenant and remove conditions from
use permit. Applicat . ions for termination or par-rial termination to be
accompanied by the fee set by resolution of the board of supervisors to be
deposited in the county general fund, no part of whic I h shall be returned to
the applicant.
(B) Extend the covenant for a period not to exceed ten (10) years.
(C) Consider the area for a change in dosignati,on from Orchard and Field
Crops, Grazing and Open Land, or Agricultural -Residential to a non-
agricultural designation under the General Plan.
The use permit and covenant shall be in force for the agreed-upon time unless the
General Plan is amended and the property in question is no longer designated
agricultural. If this should occur, the applicant may apply for termination of the
covenant.
it shall be the duty of the seller or his agent to inform any possible buyer or his
agent of the existence of the covenant and of its terms.
7. Remove the two existing mobile home from the homesite parcel or re -design the
parcel to leave the two mobiles on the agricultural parcel. If the second option
is chosen, the applicants will have to resolve the question of the two mobiles
being a mobile home park.
8. Meet the requirements of the Butte County Environmental Health Department.
9v Applicant must also comply with all other applicable State and local statutes,
ordinances and regulations.
Should you desire to appeal any of the conditions imposed by the Planning Commission,
you must do so 'in Writing with the appeal foe of $260,00, to the Clerk of the Board of
Supervisors, 25 County Center Drive, Oroville, California, prior to 5:00 p,m,, Friday,
September 3, 1993, if you do not appeal and if there are no other appeal within the 8 -
day appeal period, your use permit will be issued after September 3, 1903,
Recently enacted legislation (AB 3188, Chapter 1706, Statutes of 1000, effective January
1, 1091) requires that the Department of Fish and Game Impose and collect filing fees
as specified to defray the cost of managing and protecting fish and wildlife trust
resources. These filing fees Are colleoted during the environmental review process and
are to be paid at the time the County files a "Notice of Exemption" with the County Clerk
pursuant to Section 21152 of the Public Resources Code.
To Increase administrative efficiency, the statute delogated the collection of filing fees to
the County Clerk and provided the County authority to collect a $26,00 documentary
handling foe, The fee due foe your project is $25,00. A checks made payable to the
5.
(A)
A
Terminate or partially terminate the covenant and remove conditions from
use permit. Applicat . ions for termination or par-rial termination to be
accompanied by the fee set by resolution of the board of supervisors to be
deposited in the county general fund, no part of whic I h shall be returned to
the applicant.
(B) Extend the covenant for a period not to exceed ten (10) years.
(C) Consider the area for a change in dosignati,on from Orchard and Field
Crops, Grazing and Open Land, or Agricultural -Residential to a non-
agricultural designation under the General Plan.
The use permit and covenant shall be in force for the agreed-upon time unless the
General Plan is amended and the property in question is no longer designated
agricultural. If this should occur, the applicant may apply for termination of the
covenant.
it shall be the duty of the seller or his agent to inform any possible buyer or his
agent of the existence of the covenant and of its terms.
7. Remove the two existing mobile home from the homesite parcel or re -design the
parcel to leave the two mobiles on the agricultural parcel. If the second option
is chosen, the applicants will have to resolve the question of the two mobiles
being a mobile home park.
8. Meet the requirements of the Butte County Environmental Health Department.
9v Applicant must also comply with all other applicable State and local statutes,
ordinances and regulations.
Should you desire to appeal any of the conditions imposed by the Planning Commission,
you must do so 'in Writing with the appeal foe of $260,00, to the Clerk of the Board of
Supervisors, 25 County Center Drive, Oroville, California, prior to 5:00 p,m,, Friday,
September 3, 1993, if you do not appeal and if there are no other appeal within the 8 -
day appeal period, your use permit will be issued after September 3, 1903,
Recently enacted legislation (AB 3188, Chapter 1706, Statutes of 1000, effective January
1, 1091) requires that the Department of Fish and Game Impose and collect filing fees
as specified to defray the cost of managing and protecting fish and wildlife trust
resources. These filing fees Are colleoted during the environmental review process and
are to be paid at the time the County files a "Notice of Exemption" with the County Clerk
pursuant to Section 21152 of the Public Resources Code.
To Increase administrative efficiency, the statute delogated the collection of filing fees to
the County Clerk and provided the County authority to collect a $26,00 documentary
handling foe, The fee due foe your project is $25,00. A checks made payable to the
CARL B. LEVERENZ
A. PROFESSIONAL CORPORATION
August 23, 1993
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CHICO, CALIFORNIA 95928 gj
TELEPH.ONI.'(916) 695,-1.621 .E
PAX (G:Ic, 8e4, s,-,43''
Ig Dot"
Craig B. Sanders AUG �'�an�
Associate Planner
County of Butte pYavrlla,C�7�For
Planning Department n1�
7 County tenter Drive
Oroville CA 95965-3397`
Dear Craig
Re: Use Permit - AP 040-020-033, 128 Houseman
Enclosed please find a revised plat which could be used by
the Planning Commission to reduce the sire of the segregated
parcel if the Planning Commission feels this is warranted.
This plat is a result of hearing the Planning Commission's
concern that as much agricultural land be preserved as pos-
sible.
I was very disappointed during the Planning Commission's
discussion to hear the emphasis under Section 245.4 of the
Butte County Code about the segregation Of one existing
home. I am sure the Commissioners had forgotten that
Section 2454 ci expressly provides that all existing
dwellings should be shown on the map. It is grite clear
from the Ordinance that in addition to one hong other
dwellings were anticipated and ,included in the original,
Ordinance.
Kindly provide a copy of this letter and the plat to the
members of the Commission for their consideration.
Thank you for your, co tesy in this regard.
Ver t your ,
/!
CBL pp
Encl
cco. Al houseman
North Star Engineering
't nnlra 16opat,metit.
AUG � � X993
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EU He 6
PLANNING DEPARTMENT
7 COUNTY CENTER DRIVE - ORCVILLE, CALIFORNIA 95965-3397
TELEPHONE; (916),538-7601
August 12, 1993
Alba Houseman
10 FcFadden Lane
Chico, CA 95928
y
Re, Use Perzxut, AP 040-020-033, 128
Dear Ms. Houseman.
At the regular meeting of the Butte County Planning Commission held August 12, 1:993,
the public hearing was continued open to August 26, 1993 at 10.15 a.m. to consider your
application for a Use Permit to allow the segregation of a homesite in an agricultural
'one and ,a Variance to the required site area on property a med A-20 located at 10
McFaddden Lane, Chico,
This meeting will be held in the Board of Supervisors' Room; 25 County Center Drive,
Qroville, California
Should you have an questions regarding this inatter lease contact this office.
y any g g ,�
Sincerely;
Paula S. Leawte
Assistant Director of Planning
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PLANNING DEPARTMENT
7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397
TELEPHONE: (916) 536-7601
July 22, 1993
Alba Houseman
10 McFaddeii Lane
Chico, CA 95928
Re Use Permit; AP 040-020-033, 128
Dear Ms. Houseman-,
the public hearing was continued o y g '+ Y
At the regular meeting o£ t pen to August 12, 1993 at 9,00 a. d Jul 22 1993,
he Butte Count Pl.annin Commission hem. to consider
your application, for a Use Permit .to allow the Segregation of a homesite and a
> on property zoned A=20 located at 10 McFadden
Variance to the required site area
Lane Chico. The Commission requested that you or your representative attend this
meeting.
This meeting will be held in the Board of Supervisors' Room, 25 County Center
Drive, Oroville, California.
Should you have any questions regarding this matter, please contact this office,
Sincerely,
Paula S. Leasure
Assistant Director of Planning
PSLdt
cc! North8tar Engineering
20 Declaration Drive
Chico, CA 95026
SECTION 24-59 TRAVEL TRAILERS AS TEMPORARY DWELLINGS
With the exception of the R-1 (Single -Family Residential) districts, a
special use permit for temporary trailer dwellings may be issued by the
Planning department in all the other remaining zoning classification
districts. Such use permit shall be null and void one year after the date
Of issuance thereof,; provided, however, the planning department may extend
such use permit for one ;year and subsequently extend such use
Year. Such extension by the pMlnning department shall be doneponly upoermit n one-
showing of physical or financial hardship by the applicant in complying with
the following conditions to the granting of the use permit:
(a) That the occupant has secured a building permit for a residence;
(b) That "the occupant has secured a sewexage disposal permit from the Butte
County Health Department
(c) That before six (6) months have elapsed from the date of the issuance
of the building permit, the occupant shall have completed the founda
anon, rough plumbing, framing and the roof of the proposed residence;
,. (d) Thatthehouse must be completed within the one-year period and the
trailer dwelling must be abandoned.
SECTION 24`-54 SEGREGATION 6k ROMESITES IN AGRIOULTMt ZONES
Ca) Purpose and Inter�,ttIt is the purpose and intent of this ordinance t
allow the segregation of one (1) existing home in the agricultural o
zones providing that the proposed s64regation meets certain criteria as
specified in this article.
(b) pefnio ns
(1) Gontidue g; Contiguous parcels are any twoPropertieswhich share.
a mutual boundary, Property shall be considered as contiguous
units even if it is separated by roads streets, utility easements
or railroad rights-of-way per Government Code Section 66424.
(2) Related Ownersh n*
Related ownership is ownership by the
applicant or by a partnership or corporation in which the
applioaht is a partner, principal, director, officer or share-
holder, Partnerships or corporations shall mean only those
partnerships and corporations which are recognized, established or
authorized to do business under the laws of the stare of
California:
(c) Permted
ites
s. In the agricultural tones,(A-5 tf�tough A-160),
excluding parcels of five (5) acres or smaller, th,e subdivision of
Pk"OPettmresidesce) fromgth'yremaining y g
approval . Ynce of a,euseermit barmland ma be Allowed upon the
Y l' segregate one (1) homO (ah existing
P. y.the planning commission. The
application for the use permit shall include a plar,� of development.
All existing dwellings.and other existing and/or Proposed structures
shall be shown on the plan. In addition, natural Or man-made dteeks,
drains or canals should be shown. The planning commission may
rAht
such a permit only after finding, in addition to the f,,ndingsrequired
by section 24-47, that 611 the following conditions (1-6) are met!
45
(1) The parcel to be created is to allow an owner who; for a minimurtt
of Len (10) continuous years immediately prior to application, has.
resided upon and farmed the subject property, to retain the
existing home and continue the remaining acreage in agricultural
use.
(2.) The existing parCel(s) shown on the plan together meet the parcel
area requirements of the zone. If there are contiguous parcels
Under related ownership only enough parcels must be included in
the plan to meet the acreage requirements of the existing zone.
(3) The proposed segregation will not reduce the capabilities for
agricultural use of the non -home parcel and surrounding
properties,
(4) The proposed segregated parcel meets the requirements of the
County Health Depart#;`ent for sewage disposal and water supply,
(5) The proposed segregation is consistent With the policies of the
Butte County General Plan because of the covenant required in
section 24-54(d).,
(6) The existing hDme parcel being segregated is not less than one (1)
acre and not more than two (2) acres or the minimum lot area
allowed by the County Health Department, whichever is greater.
(d) Other -Standards and Recruirements. Prior to the division Peeing effec-
tive, the owner or ownersofthe property included in the approved
development plan shall execute and cause to be recorded in the office
of the Recorder a covenant binding upon the originalowners and their
heirs, successors and assignsi which disallows additional dwellings
from being located on the agricultural property or the agricultural
property or the agricultural segregation parcel.
The use permit and covenant shall be in force for ten (10) years
minimum from the tirl of recording of the covenant at the Recorder's
,office and will co, ,sue until the applicant applies for termination or
partial termination thereof. Applications for termination or partial
termination shall be considered in the same manner as applications for
Use permits pursuant to sections 24-43 through 24-48 of. the Butte
County Code. The planning commission options for action on such
application arei
(1) Terminate or partially terminate the Covenant and remove condi,
tions from use per „:. Applications for termination or partial
termination to h-.:ompanied by the fee set by resolution of the
board of supervisors to be deposited in the county general fund,
no part of which shall be returned to the applicant,
(2) Extend the covenant tor a period not to exceed ten (10) years.,
(3) Consider the area for charge in designation from orchard and Field
Crops, Grazing and Open Land, or Agricultural-Aesidental to a
non-agricultural designation under the General Plan,
the unlessepermit the Genera Plannant shall is ainendedbandnthercfothe agreed-upon time
property y question is no
$6
longer designated agricultural. If this shn+ald occur, t!:e_applicant
n;.ry akrll ,,;: teritunation of the covenant.
(e) Soecia
alNotes.It shall be the duty of the seller or his agent to
Possibleinfobuyer or his agent of the existence of the covenant
and of its terms,
The covenant shall be in a form approved by county Counsel.
SECTION -24-55 SEGREGATION OF AGRICULTURAL PROCESSING USES IN AGRICULTURAL
ZONES
(a) purpose and Intend. It is the purpose and intent of this ordinance to
g the segregation of existing agricultural processing uses in the
a ricultura1 zones providing that the proposed segregation meets
a low
certain criteria as, specified in this article.
(b) Definitions
(1) Agricultural Products. ,Agricultural products are the result of
cultivating, harvesting and/or raising orchards, field crops
and/or livestock.._ Refer also to definition of Agriculture.
(2) Agricultural Processing Plant. An accessory use, to agriculture
for preparation of harvested crops in their natural state,for
desirous marketability, ,such as nut hullingplants, prune dehydra-
tors and the supply, service, storage and receiving stations of
such products. The above uses shall not include stockyards,
commercial feed yards,, canneries, slaughterhouses+ fertilizer
works or plants for the reduction of animal matter.
(3) Contiguous, Contiguous parcels are any two properties which share
a mutual boundary. Property shall be consideredascontiguous
units even if it is separated by roads, streets, utility easements
or railroad rights=of-way, per Goverrgxnt Code Section 66424.
(4) Related Ownership, Related ownership is ownership by the
applicant or by a partnership or corporation in which the
applicantis a partner, principal, officer or shareholder.
Partnerships or corporations shall mean only those partnerships
and corporations which are recognized, establitshed or authorized
to do business under the laws of the State of Ilaliforhia
(c) Permitted bses. In the agricultural zones (A-5 'through A-160),
excluding parcels of ten (10) acres or smaller, the subdivision of
property n order to legally segregate one {1) existing agricultural
pin
site may be allowed upon the approval antj issuance of a use
permit by the planning commission. The application for the Use permit
shall include a plan of development. All existing dwellings and other'
existing and/or proposed structures shell be shown cin the plan. In
addition, natural or man-made creeks drains or canals should be shown.
The planning commission may grant such A permit only after finding, in
addition to the findings required by section 24-47, that all the
following conditions (1-5) are met:
(1) The existing parcel(s) shoran on the plan of development together
meet the parcel, area requirements of the zone. If there are
47
JUL-19-7 ?33 15 12 FROM 1 NiJRTHSTRR EMSTO
t
9 5
Nwtr
ENGINEERING
GrVil Engineers Runners Surveyors
'Tuly 19, 1993
COUNTY OF BUTTE
PZa=ra,S Depsartmotnt
7 CO=t.Y Center Drive
oroville, Ca 95965
,tteTil,aQn; TaY azo R ,ehaxdz�on / Crw g Sanders
R6: Use perMit AP 040-020-033, 126
Alba Houseman
nei�►r Lynn acid Craig:
on behalf of Mr. Houseman, we request that
meet'Ing
said project be
of LTulY 32 to the
u0x1t3riu6d frssm they Planning Commission
x qXt, Pla=img Comma ss�.meeting.
'�lae rdaoaa for tha. reglzest ie so Mr. i3ovgeme and his
- the 5tatt rind xa a and tg
study
representatives oars fully
r ac+aanex�datioas
We appreciate your cooperation ars th:ib �-Zttar•
you 15hould havo
any qu,est,.ar%S please call this office;
fz�,��� �ttydriguc
ac A1.ba: Hou�ia��ri
20 D6GLARATINDI3IVE
Mcb,'CALIP0' AIA 26926
PLANNING DEPARTMENT
7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 9596543397
TELEPHONE: (916) 538-7601
July 15, 1993
Alba Houseman
10' ,McFadden Lane
Chico, CA 95928 "
Re Use Permit, AP 040-020-033, 128 - -
Dear Ms Houseman:
Enclosed is a copy of the Staff Findings concerning your application for a Use Permit
to the segregation of a 2 acre homesite parcel from. an 18.2 acre parcel in an A-20 zone
and a Variance to the area requirements within, the zone on property located at the
southeast corner of Midway and McFadden Lane, south of Chico.
22,
of Supervisors' 1Room, 25 County Center Drive Orovimeeting
e,ll be held in the Board
P g Y
California.
The Planning Commission recommends that the applicant or their authorized
representative be present at the hearing to respond to any questions the Commission may
have. In the event that Ao one will represent the applicant; please contact the Platuung
office prior to the scheduled public hearing.
Should you have any questions regarding this matter; please contact this officer
Sincerely,
Paula S. Leasure
Assistant Director of Planning
Craig B. Sanders
Associate Planner
CBS lr
Enc.
cc: NorthSfar Engineering
a
:�WthStar
J
ti
..
fl
ENGINEERING
Civil''Vieer^ 19lannors Orveyrs
July 19r 1993
Planning Department
J U L 2o 1993
coUNTY or BTYRTE
Planning Department
Oroviile, Calltprnia
7 County Center Drive
Oroville, Ca. 99965
Attention: Lynn. Richardson / Craig Sanders
Ree Use Permit AP 040-020-033, 12e
Alba Houseman
Dear Lynn and Craig
On behalf of Mr. Houseman, we request that
said project
be
continued from the Planning Commission meeting
of July 22 to
the
*+�}- 7?lanning Commission meeting.
'e+ason for the request ire so Mt. Housemen and
his
.entatives can fully study the Staff
Findings and
its
,,.itendab ons
We appreciate your cooperation on this matter.
If you should have
any questions please call this office.
Sincerely,
NORT_HDSTAR ENGINEERING
IR- ck Rodriguez
coi Alba. Housemen
Carl Loverenz
20 bI:CLAHATION OV
CHICON CALWORNIA 95926
Oj8g93=1600
;
Butte County Geographic Iffformation System
NOTTE CUNTY PLANNING COMMISSION ® PROJECT
Ar NOMM 040-020-128 FILE No. 93-28
LOCATION
HEARING DATES: JuII► 24 1993 EXISTING ZONING: A-20
APPLICANT. Alba llouaemm OWNER: Sams
IMEM Use Pornnlf f4 Blow fhe .,agragallok of a ho*ilfo In m agrleVIurd
inns and a Vorlonce 16 the 're ulred lof elze+
A ' - � o • �
"In
Planning
planning Department
JUN 2 �, JU
BUT'CE C4aJN'PY PLA3KZT,TG D3t,'zST^_N
0[OV11i61, ��,��W jcw PRE -APPLICATION REVIEW FORM
OraV 1101
Cnlftynla
E
tlJ
.1L 1 7 rG�it�
WITTE CoUhrry
TO: COUNTY FIRE DEPT/CDP DATE: JUNE 14, 1993
RE PROJECT REVIEW &
ENVIRONMENTAL EVALUATION
ALBA HOS `SEMAN
Enclosed is preliminary data our office has received or generated
concerniAg the following project: Variance to the minimum lot size
to allow a 2 acre homesite segregation on an 18i2 acre lot in an
A-20 zone with a Use permit to allow a 2 acre homeEtite
segregation. AP#040-020-033,,428, located on the southeast cOrner-
of Midway and McFadden Lane at 10 McFadden Lane, Chico, ,Ca.
WE ARE MAKING AN ASSESSMENT OF POSSIBLE ENVIRONMENTAL IMPACTS AND
WILL BE PREPARING AN ENVIRONMENTAL DOCUMENT, EITHER A NEGATIVE
DECLARATION, NEGATIVE DECLARATION WITH MITIGATION MEASURES OR AN
ENVIRONMENTAL IMPACT REPORT (EIR)
PLEASE OPINIONSYOUCAN OFFER PROVIDE FACTUALSTATEMENTS, DENS FOR INVESTIGATION, OR
TN YOUR AREAOF CONCERN OR EXPERTISE THAT
RELATE TO EITHER PHYSICAL, SOCIAL, OR ECONOMIC IMPACTS THAT THIS
PROJECT MAY GENERATE.
PLEASE RESPOND WITHIN 1.4 DAYS OF THE AVOVE-NOTED DATE. IF NO
RESPONSE IS GENERATED BY THIS INQUIRY, THEN IT SHALL BE ASSUMED
THAT THERE ARE No SIDNIFICANT ENVIRONMENTAL IMPACTS WHICH ARE
POTENTIAL FROM THE PROJECT.
WE APPRECIATE ANY ASSISTANCE YOU CAN PROVIDE. p
SINCERELY,
LARRY PAINTER
PLANNING TECHNICIAN
COMMENTS :
V-9
•,� _ t.•ti.._ � gar+--l..tQ
Uy c Q -a- LIU, d 0-l"
ae —
A
DOES YOUR AGENCY WISH TO RECEIVE A COPY OF JHEENVIRONMEN'T'AL
DOCUMENT (INITIAL STUDY FOR NEGATIVE DECLARATION (WITH OR WITHOUT
MITIGATION MEASURES) OR EIR FOR THIS PROJECT).
YES NO
The project 13, proposed can/does, not meet the
requirements
of.
6his department: A revision of the
project will 1,p necessary. the applicant has been
contacted with i. -his information:
Signature:,
F
BUTTE COUNTY PLANNING COMMISSION
NQTICiE OF P EBLIC HE, i-tRINO
Notice is hereby given by the Butte County Planning Commission that public hearings
will be held on Ti.vrsday, July 22, 1993, in the Butte County Board of Supervisors'
Room, County Administration Center, 25 County Center Drive, Oroville, California,
regarding the followLIg item at the following time:
9:00 a.m. Alba Houseman Use Permit to allow the segregation of a hones to in
an agriculturalzone and a Variance to the required site area on property
zoned A.-20 (Agricultural - 20 acre parcels) located on the southeast corner
of Midway and McFadden Lane at 10 M Fadden Laney identified as AP
040-020-033, 128, Chico. (CBS)
ITEM DETERMINED TO BE CATEGORICALLY EXEMPT
FROM ENVIRONMENTAL REVIEW
9:00 a.m. - Gregory- and Beverly Rogers - Use Permit to allow a second dwelling oto
property zoned TM -2 (Timber Mountain - 2 acre parcels) located on th-
west side of Cohasset Road, approximately 900 feet north of Laughing Fox
Lane, at 9787 Cohasset Road, identified as AP 056.120-022, Chico. (CBS)
Thn; abc % mentioned application, and maps are on file and available for public viewing
at the o flee• of the Butte County Planning Department, 7 County Center Drive, Oroville,
Ca'ifornia. If you challenge the above applications in court, you may be limited to
ra40ng only those issues you or someone else raised at the public hearing described in
"this tiotice of in written correspondence delivered to the Planning Commission, at or
pridi, to, the public hearing,
BUT;: il' COUtNTY PLANNING COMMISSION
PAULA S. LIr. � 4 . I E', ASSISTANT DIRECTOR OAC•, PLANNING
To Abe published in the Chico Enterprise Record on Thursday, July 8 1993.
June 15, 1993 -%
40atte (/OA
PLANNING DEPARTMENT
7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397
TELEPHONE; (916) 538-7601
Alba Houseman
10 McFadden Lane
Chico, CA. 9592$'
RE: Variance
Dear Mrs. Houseman,
This is to notify you that we have received sufficient assurances from Butte County
Environmental Health and 'Public 'Works Division that your project can meet their
requirements. This fulfills the Pre -Application review process.
Pursuant to the Butte County Planning Division Project Review Procedure Manual which
states, "Upon tentative approval of a land use permit or variance by the Environmental
Health Department and Land Development Division, the applicant must submit a
completed formal application, including any required changes from the original. submittal
and the balance of the fees within six (6) months of the tentative approval." No
additional work shall 'be performed on this project until we have received the remainder
of the application fee in the amount of $780.00 and, if any, required changes from the
original submittal.
Please submit the fee along with any required changes from the original submittac to the
Butte County Planning Division no later than December 15th or your application -rill
become void, and in order to continue the project, you will be required to re -apply.
Please make all checks payable to the Butte County Treasurer:
Enclosed is a field marker for identification of the project. Please secure the ribbon in
a conspicuous place on the site, preferably visible from the roadway.
If you have any questions regarding this matter, please do not hesitate to contact this
office any weekday between the hours of 8:00 a.m. and 5:00 p.m.
Sincerely;
Paula U18ure
Asss Director of Planning
Larry,. P ter
Planning Technician
.." _ Planning Depaliment
BUTTE COUNTY PLANNING DEPARTMENT MA ? 1W9
PRE-APPLICATION REVIEW FORM orfivilh, 4wtiit7tnla
To: C�bx-/ Date MAY 24, 1993
RE: Pre-Application Review
information for:
ALBA HOUSEMAN
Enclosed is preliminary data our office has received or generated
concerning the following project: TISE PERMIT TO AT,T.OW A 7 ACRE-MMESITE
SEGREGATION AP#040-=020-033, 128 18,2 ACRES LOCATED ON THE SOUTHEAST CORNER OF MIDWAY
AND M07ADDEN LANE AT 10 MCFADDEN LANE, CH1CO ZONED A-20 WITH A VARIANCE TO THE MINIMUM
Please indicate your response by checking the appropriate box:
Q No requirements for this pro7ect:
XThe
The project as proposed can meet this Departments
requirements. SV`hcient proof has been given that
the applicant car „-et the following conditions'
approved:
w CrG G 6�_ .a CLG'vY/✓� GAG... tN lam' . �LC . IrCGt (///''fiY�'i,H,^s'}j�,s eJ
4ifi�
The project as proposed can/does not meet the
requirements of this department. A revision
of the project Will be necessary. The applicant
has been contacted with this 'information:
Si.ghatUre C
zx
1
Y ls►1UIP► 0M4F061 Health
BUTTE COUNTY PLANNING DEPARTMZNT
PRE-APPLICP,,TION REVIEW FORM
4
To'i1,!�c�ti �e�'t nate: MAY 24, 1993
pepa
Q�'���\�� ��J�3 RE Pre-Application Review
Information for:
ALBA HOUSEMAN
Enclosed is preliminary data our office has ,received or generated
concerning the following project: USE PERM T TO AT.T.OW A 9 AC'.RR Mmy ITE
SEGREGATION AP#040-020-03:3, 128 18.2 ACRES LOCATED ON THE SOUTHEAST CORNER Or MIDWAY
N1)MG LANE AT '10 1413FADDEN LANE, CHICO ZONED A-20 WITH A VARIANCE TO THE MINIMUM
Please indicate your response by checking the appropriate box:
No requirements Bor this project:
Y The project as proposed can meet this Department's
requirements. SUffi.cient proof has been given that
the applicant can meet the following conditions
Annr_ raved
The project as proposed can/does riot meet tie
requirements of thin departmenti revision
of the project w-1111 be necessary: The applicant
has been contacted with this information.
Signature:
I
. - _..._.. _._�._, .� r.� :,.. �,..�^:..�_ "-w-�--+=-=.+`+`.a''1ry �-�-..,+�-a-.+krY-w`' _ -. s'�, - _s•^ �,aya -' _ _ c �-. i•'y
COUN:TT OF BUTTE'.
OFFICE OF PLANNING DEPARTMENT
1 z
7 cow cErrrsR i5RIi7E �'_ �u�-z•��
ORQVMLE, CALIFORNIA 9596S-3397
d - 40.24_
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04'j 470 006-000 STATUS: ACTIVE r
VLIDI)E'N THOMAS E & KYLE FROST GP
PUBLIC
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P U BOX 1632 ,
CA 95927
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