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047-150-067
FILE NO.: PROJECT TYPE: APN: APPLICANT: ADDRESS: PHONE: OWNER: ADDRESS: PROJECT SUMMARY SHEET UP 04-07 Use Permit 047-150-067 James M. and Geraldine Paiva 13193 Carmen Lane, Chico, CA 95973 (530) 345-8491 James M. and Geraldine Paiva 13193 Carmen Lane, Chico, CA 95973 REPRESENTATIVE: Sierra West Surveying, Tom Wrinkle ADDRESS: 5437 Black Olive Drive, Paradise, CA 95969 PROJECT DESCRIPTION: a Use Permit application to allow the segregation of a 4.8 +/- acre agricultural processing use from a 150.9 +/- acre parcel. The project also includes a Tentative Parcel Map to divide the 150.9 +/- acre parcel into the 4.8 +/- acre agricultural processing parcel and a 146.1 +/- acre parcel. The Use Permit project is being processed pursuant to Butte County Code Section 24-290 (Segregation of agricultural processing uses in agricultural zones) LOCATED: on the south side of Wilson Landing Road and the east side of Carmen Lane, at 5361 Wilson Landing Road, northwest of Chico PROPERTY ZONED: A-40 (Agricultural, 40 -acre parcels) GENERAL PLAN DESIGNATION: OFC (Orchard & Field Crops) TOWN/AREA: Chico 4 0 Application accepted: 8/26/2003 Amount: $ 1,114.00 Receipt #: 384864 Assigned To: Stephen Betts Comments sent to: Development Services Director, Public Works Director, Environmental Health, Assessor, LAFCo, Agricultural Commissioner, California Department of Forestry, County Counsel, Air Quality Mgmt., Building Mgr., Butte Co. Farm Bureau, CalTrans, CRWQCB, DFG Sent to Inter -Departmental Review Committee (IDR): Date scheduled for IDR: gfil ,� --moo-' Comments received from: Rezone Petition Signatures Checked: Mailing List/Lead-in Sheet: Environmental Determination: State Clearinghouse No: Subject to Fish & Game: 10. Staff Report: Project Video: 11. Clearinghouse circulation required: Yes No 12. 13. 14. 15. 16 17 18 19 20 21 Categorical Exemption-CEQA#_ Negative Declaration Mitigation Negative Declaration Environmental Impact Report Gen. Rule Ex. - CEQA # 15 06 1. Other Date Sent to SCH: Publication Notice Written: Display Ad Prepared: Notices Mailed: Number of Notices: _ Newspaper Publication Date: Planning Commission Hearing(s): _ Action taken: Special Conditions: Commission Resolution No.: Board of Supervisors' Hearing(s): Action taken: Board Resolution No.: Ordinance No Type Use Permit/Send for signature: N.O.E. / N.O.D. / APPENDIX G: Send validated Use Permit: Assessor's Memo: Copy of Use Permit to Planning Technician: O C P G B Adopted: Fish & Game Fees Paid: Yes No DEPARTMLOT OF DEVELOPMEl49 SERVICES BUTTE COUNTY UNIFORM APPLICATION WPLIUAN'Y: Aeent information to be Droviaea is on other sine: APPLICANT'S NAME ( If applicant is different from owner an affidavit is required ) ASSESSOR'S PARCEL NUMBER: J o-Jr5 M- t C t tx- c %rm- 6 4 `1- 1-- O l07 ADDRESS: CITY, STATE & ZIP CODE: FILE NUMBER: (FOR OF ICE USE) 3 l Q C1,.� c q s9 h 3 Tp 't'.1 NAME OF PROPOSED PROJECT (If any) TELEPHONE ,%-I q 1 LOCATION OF PROJECT ( Major cross streets and Address, if any) S3(01 �; s ��, L ar, a k-8- G9&RAL INFORMATION REQUIRED OWNER'S NAME QM TELEPHONE ( ) ADDRESS: CITY, STATE & ZIP CODE: ZONE GENERAL PLAN EXISTING LAND USE SITE SIZE ( in Square Feet or Acres ) A-yD U� C' brC�-`a�G, 15O.9 wC. EXISTING STRUCTURES (in Square feet) PROPOSED S'IRUCTURES (in Square Feet) l7 004) / (Check One) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER Pd PROPERTY IS OR PROPOSED TO BE ON SEPTIC _ C,k PROPERTY IS OR PROPOSED TO BE ON WELL WATER APPLICATION REQUESTED ❑ GENERAL PLAN AMENDMENT ❑ REZONE 7X USE PERMIT BUTTE ❑ MINOR USE PERMIT COUNTY ❑ VARIANCE AUG 1 3 2003 ❑ MINOR VARIANCE DEVELOPMENT ❑ ADMINISTRATIVE PERMIT SERVICES ❑ DEVELOPMENT AGREEMENT ❑ TENTATIVE SUBDIVISION MAP IX TENTATIVE PARCEL MAP ❑ WAIVER OF PARCEL MAP ❑ BOUNDARY LINE MODIFICATION ❑ LEGAL LOT DETERMINATION ❑ CERTIFICATE OF MERGER ❑ MINING AND RECLAMATION PLAN ❑ OTHER PROJECT DESCRIPTION FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. If this application is for a land division, describe the number and -size of parcels.) . a = Li a OWNER CERTIFICATION I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER, I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND ACCURATE. (If an agent is to be authorized, execute an affidavit of authorization and include the affidavit with this application.) DATE: �3&0_ SIGNATURE: • • AGENT AUTHORIZATION To Butte County, Department of Development Services; % e -r r 0. lie. SA Sw:Q Q�,A kbna 8'1 '1 - LQ a S3 Print Name of Agent and Phone Number 54 3`1 PS i o, Oc 17) i v f. q Sq L Mailing Address is hereby authorized to process this application for y e- on my property, identified as Butte County Assessor Parcel Number V 4'i - 15 b - b lc�i This authorization allows representation for all applications, hearings, appeals, etc. and to sign all documents necessary for said processing, but not including document(s) relating to record title interest. Owner(s) of Record: (sign and print name) 11 CL -(,*^ Q.5 Print Name 1 ignature Architect and/or Engineer: a:*.,- <r Print Name of Architect/Engineer and Phone Number Mailing Address Print Name Signature , 1-1 _ Lo aS3 , -0 qs;q I. FOR OFFICE USE ONLY Verify: ' Date Received: N A,,)& 0,7 Total Amount Received: 1(v VG :Z O CK iiia, aL/ 9 I —' AP Number(s) Legal Description N.- 04,1� WZ44e- ---Owners Authorization Zoning Requirements Project Description zzo Copies of plot plan Taken by UL. Receipt No. 94E.H.v LD Plan oo:� ti�F`D_ Payment of the currently required Application Fee and/or Deposit (Any unused portion of a deposit) will be returned upon final action. Current fee for this application is $ Make check payable to "Butte County Treasurer". as of AGENT AUTHORIZATION TO: Butte County, Department of Development Services: Print Name Mailing Address is hereby authorized to process the application for_ on my property, identified as Butte County Assessor APN# - - arc Number: Ph ber L_) - 0,3 This authorization allows representation for al pplications, hearings, appeals, etc. and to sign all documents necessary for said processing, but not inclu ng document(s) relating to record title interest. Owner(s) of Record: (sign and prinyname) Print Name S i �,n:I uu•e Architect and/or F,rfgineer: Print Name of Mailing Address Print Name Signature Phone Number FOR OFFICE USE ONLY UTAeq-0F Verify: Date Received: Total Amount Received: [] AP Numbers) D -Legal Description [owners Authorization [r Zoning Requirements Q15roject Description ['Copies of plot plan Taken by: '��s�.� Receipt No. jk3& PW/LD 1S0 Plan 00 E.H. l g Sr CDF �j 3 NOD/NOE Fees 2 Payment of the currently required Application Fee and/or Deposit (Any unused portion of a deposit) will be returned upon . final action. Current fee for this application is as of Make check payable to "Butte County Treasurer". K:IFORIMI,"A (FORM APPLICATION Page 2 of 2 COUNTY OF BUTTE • COUOU TE NTY ENVIRONMENTAL INFORMATION FORM AUG 18 2003 (To be Completed by Project Applicant) DEVELOPMENT' Date Filed: SERVICES GENERAL INFORMATION: 1. Name and address of owner, and/or developer, and/or project sponsor: 13193 CG. r--\ Cr, L-4 ,e_ CCS„ r N, S"3v I 2. Address of project: o r\ Lo, c\,,,\,, Assessors Parcel Number: 04-1 - i - o1.-1 3. _ Name, address, and telephone number of person to be contacted concerning this project: a` r C,- W 5 wv-1 -1 - �a5� 5'-t 3-1�\ �r 1z r) I ' er r . QS�c�a�d _ NA- QSYi ln9 4. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: 5. Existing general plan designation: 0 -- G 6. Existing zoning district: N -L4( 7. How is land currently used? Q 8. Proposed use of site (Project for which this form is filed): PROJECT DESCRIPTION: 9. Site size: (90 , q QL (Acres/Sq. Feet) 10. Off-street parking spaces: Full size: Compact: Total: 11. Plans attached? Yes No 12. Proposed development schedule: b&A& 13. Associated projects: N a NC- 14. Anticipated incremental or phased development: ( avye ATTACH DESCRIPTION OF PROJECT CONTAINING THE FOLLOWING INFORMATION: 15. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected. 16. If commercial, indicate the type, whether neighborhood, c' y or regionally oriented, square footage of sales area and loading facilities. �i%'(�?7/��/�G / L / T 0 Butte County Department of Development Services 0 Planning Division 0 0 0 - 17. If industrial, indicate type, estimated employment per shift, and loading facilities. 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: 19. If the project involves a variance, conditional use, rezoning application, or any development permits, state this and indicate clearly why the application is required. If permits have already been issued, please attach as Exhibit ARE THE FOLLOWING ITEMS APPLICABLE TO THE PROJECT OR ITS EFFECTS? Discuss below all items checked yes (attached additional sheets as necessary). YES NO 20. Change in existing features of any hills, buttes, canyons or substantial alteration of ground contours. 21.. Change in scenic views or vistas from existing residential areas or public lands or roads. 22. Change in pattern or character of general area of project. y 23. Significant amounts of solid waste or litter. X_ 24. Change in dust, ash, smoke, fumes or odors in vicinity. 4 25. Change in bay, lake, river, stream or ground water quality or quantity, or alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels In the vicinity. 27. Site on filled land or on slopes of 10 percent or more. is 28. Use of, or disposal or potentially hazardous materials, Such as toxic substances, flammable or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, etc. including special districts). 30. Substantially increase fossil fuel consumption 7� (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. 0 Butte County Department of Development Services 0 Planning Division 0 ENVIRONMENTAL SETTING: (At* brief description) 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site and the se of the str ctures Attcgc photo aphs of the site. $ a shots or Polaroid photos will be accepted. P /C/l,� �//Gj%/(/V / 20 A/C0C; , 4/03W 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, setback, rear yard, etc.). Attach photo raphs of the vicinity. Snapshots or Polaroid photos will be accepted. topd CH CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date BUTTE COUNTY AUG 1 8 2003 DEVELOPMENT SERVICES 0 Butte County Department of Development Services 0 Planning Division 0 r Sierra West Surveying LICENSED LAND SURVEYING 15437 Black Olive brive - Paradise, CA 95969 Phone: (530) 877-6253 Fax: (530) 877-6254 September Mark Michelena Butte County Planning DEVELOPMENT SERVICES 7 County Center Drive Oroville, California 95926 RE: Job 8265; APN 047-150-069; TPM 04-03 4 UP 04-07 Dear Mark: This letter is to serve as notice that we are canceling the above-mentioned jobs and hereby request that any applicable application fees be refunded. Thank you for your consideration in this matter. Sincerely, Thomas R. rinkle SIERRA WEST SURVEYING TRW/kem Cletters:82655hi mi zu.ltr BUTTE COUNTY SEP 13 2007 DEVELOPMENT SERVICES Page 1 of 1 Michelena, Mark From: Kay Manley [kay.manley@sbcglobal.net] Sent: Friday, September 07, 2007 10:10 AM To: Michelena, Mark Subject: Re: TPM 04-03 and UP 04-07 (Paiva) These jobs have been cancelled per Barbara @ Paiva Farms "Michelena, Mark" <MMichelena@buttecounty.net> wrote: Good Afternoon Kay, Have you heard any word on what the applicant wants to do on these projects? If they want to continue on with the projects and get me the signed IS/MND and the F&G fee ($1,814.00) by next Tuesday (9/11/07), 1 can get the project scheduled for 10/25/07. If they do not want to continue with the projects, please have them send a withdrawal letter. Thank you. Sincerely, Mark Michelena Department of Development Services Planning Division 9/10/2007 Page 1 of 1 Michelena, Mark From: Barbara Cole [BCole@paivafarms.com] Sent: Monday, August 13, 2007 4:28 PM To: Michelena, Mark Subject: APN #047-150-067 Re: File # TPM 04-03 and 04-07 Mark: I received your package regarding the above referenced project. I showed it to Jim and he stated that he was told it wasn't possible so the project was discontinued. He said that was at least 3 to 4 years ago. He doesn't know why this wasn't closed out long ago. Le me know if you need anything from me. Thanks Barbara 9/10/2007 Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buttecounty.net/dds www.buttegeneralplan.net ADMINISTRATION * BUILDING * PLANNING August 7, 2007 James and Geraldine Paiva 13193 Carmen Lane Chico, CA 95973 Re: Proposed Negative Declaration for the Paiva Agricultural Processing Segregation, APN 047-150- 067, File # TPM 04-03 and UP 04-07 Dear James and Geraldine Paiva: Pursuant to Section 15063 of the Guidelines of the California Environmental Quality Act (California Code of Regulations, Title 14, Chapter 3), an Initial Study has been prepared to determine if the above -referenced project would have significant adverse effects on the environment. The Initial Study shows that there is no substantial evidence, in light of the whole record before the agency, that the project may have a significant effect on the environment. Therefore a Mitigated Negative Declaration is proposed. Please review the enclosed initial study and negative declaration (especially Section 1.0 L —. Project Description). If the applicant agrees with the information in the document, please sign and return. The signed Initial Study will be released for public review and the project set for a public hearing by the Butte County Planning Commission once we have received the signed Initial Study. If you do not agree with the document, please contact this office as soon as possible to discuss possible alternatives. Please be aware that all initial studies/negative declarations prepared by the County are being forwarded to the Governor's Office of Planning and Research, State Clearinghouse, for review by State agencies. The review period is thirty days. Should you have any further questions regarding this Mitigated Negative Declaration, please contact me between the hours of 7:30 a.m. and 4:30 p.m., Monday through Friday, at (530) 538-7376, or via e-mail at mmichelena@buttecounty.net. Sincerely, i4ark Michelena Senior Planner Cc: Siena West Surveying Enclosure: TPM 04-03 and UP 04-07 (Paiva) Initial Study/Negative Declaration Wednesday, August 27, 2003 Development Services PLANNING DIVISION Ver. 1 :O Payment Date 18/26/2003 $700.00 (General Fund) Receipt Number 11384864 L Public Works Received From ;SEK Landcorp in. $185.00 Applicant 'Sierra West Surveying CDF (Fire Department) l(James Paiva) $43.00 Application Number i UP 04-07 or In Reference To i $36.00 047-150-067 Parcel Number i No Check Number Check Number Cash $0.00 $1, 500 or $2,000 Total Received $1,114.00 Planning Re Total Fees $1,114.00 DDS Planning $700.00 (General Fund) Public Works v $150.00 Environmental Health 1 $185.00 CDF (Fire Department) $43.00 NOD / NOE $36.00 (Recording Fee) Aunt Minnie i $0.00 $1, 500 or $2,000 Planning Re $0.00 Fish/Game $0.00 ALUC $0.00 $0.00 Non Sufficient Funds ($25.00 Fee) Cell Tower $0.00 Public Sales Cop $0.00 40 COUNTY OF BUTTE 384864 OFFICIAL RECEIPT CIFFICE OR DEPARCENT ISSUING RECEIPT '2(v 20a -P Received from `3 Lt< (-4 //3 , —c-, Tle Sum Of �D n. i at P?v.S T ..a) /{�n 9 li �/!� t -t a ✓ sf9A a 8 0. ? �. e e f r u� v % ?J // f• , % 4%` For 11,/o ems- n '7 Received: vy-o3 Received By= CASH Title CHECK ( � By DAVCO BUSINESS FORMS • (530) 743-8511 Farm 0.1 COUWY OF BUTTE AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT OROVILLE, CA ATR NO RECEIVED FROM PLANNING BAG # 3 YG DATE 66681 812712003 FUND FUND DEPT TOTAL ACCT CASH DESCRIPTION TITLE CODE CODE CODE CODE AMOUNT DEPOSIT DATE. 4-27 RECEIPTS: 384864-304MG P ANIoDI G APPL FEES GENL 0010 440MI 4210M 101001 710.00 • Project Number _ ______ Amount of Fee _ . _ _ _ . _ _ _ C 55M, 87 SEK Landcorp Inc UP 04-07 $700 f LAND DEVELOPMENT GENL 0010 44OW4 4GI1700 101m1 160.00 Prgject Number Amount of Fere #047-150-0$7 SEDT Landcorp Inc UP 0+07 $950 ENVIRONMENTAL HLTH GENL 0010 5401 4614901 101001 155.00 Project Number Amount of Fee #x047-950-087 SEK Landcorp Inc UP 04-07 $485 FIRE PLNG APPL FEE . FIRE PROTECT 0100 4617240 101001 43.E Project Number Amount of Fee _ #t047 -450 -087 -SEK Landcorp Inc UP -04-07 $43 1140131NOE CLERK'S FILING FE GENL 0010 4705 1 4512319 101001 72.00 ON) Project Number Amount of Fee (' #147-'Ia0-00-I SEGO Landcorp Inc Di 04-07 $35 ##:173.300-09 2 J Percifield, DET 03-08 -- . - $35- 38_ TO AL 1,160.00 APPROVED BY. RECEIVED BY. AUDITOR -CONTROLLER TREASURER By: Y;---- suite-pressurer pink --auditor canacr—depositor gogdpn sod=fiIe s 07 COU14TY OF BUS AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT OROVILLE, CA ATR NO 66681 RECEIVED FROM PLANNING BAG #316 ELATE 812712003 FUND FUND DEPT DESCRIPTION TITLE CODE CODE ACCT CASH CODE CODE AMOUNT DEPOSIT PATE: 8-27 RECEIPTS: 384894-394866 PLANNING. APDL FEES GENL 0013 44 DWI 421WW101001 710.00 Project Number Amount of Fee #1047-150-087 SEMI Landccip Inc UP 04-07 $700 LAND DEVELOPMENT OENL 0010 440004 4611700 101001 150.00 Project Number Amount of Fee %, 160-087 SEK Landcorp Inc UP 04-07 $16G EWRONMENTAL I-IL.TH CENL 0010 5403 4614901 141001 185.00 Pn)ject Number Amount of Fee #P•047-150-087 SEMI Landcorp Inc UP 04-07 $185 FERE PL€ G APPL FEE FIRE PROTECT 0100 4617240 101001 43.00 Project Number Amount of Fee ##047-15LI-187 SEK Landcorp Inc UP -04-07 $43 14001NOE CL:ERK'S FILIING,FE OENL 0010 470MI 4612315 101001 72.00 (ON) -P oject Number Amount of Fee # 7-1�a0=0137o,SEK Laatdcmip {�c UFP 04=©7 4$30 . ##073-300-r 12 J PerclOeld DET 03-08 $35 - By: v? ' white=tmasurer pink --auditor canary --da osiior golden soc=fiEe Butte County Department ofDevelopment Services YVONNE CHRISTOPHER, DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538.7785 Facsimile ADMINISTRATION * BUILDING * GIS * PLANNING January 16, 2004 James M. and Geraldine Paiva 13193 Carmen Lane Chico, CA, 95973 Re: Use Permit, UP 04-07, 047-150-067 Dear Mr. Paiva: In an effort to keep our customers informed, we are notifying all applicants of their current status and assigned planner. This is to inform you that Your project has been assigned to Stephen Betts and he can be reached at 538-7153, between 8:00 a.m. and 4:00 p.m. Your project is is tentatively scheduled for hearing on March 11, 2004.. Should you have any questions regarding your application, please call the planner listed above. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant Cc: Sierra West Surveying, Tom Wrinkle e 0 0 Page 1 of 1 Betts, Steve From: Baker, Joseph Sent: Monday, January 05, 2004 12:13 PM To: Betts, Steve Cc: Wannenmacher, Felix Subject: Paiva TPM 04-03_UP 04-07 Initial Study Steve, I reviewed the Paiva Initial Study for TPM 04-03 and UP 04-07 and have the following comments. I noticed that the numbers in the surrounding lot sizes seemed to be a little less precise than is desirable. Most notable is that the Mean size surrounding the parcel within 2000 feet is 76.045 acres rather than the that which you stated being a range from 30 to 50 Acres (the Median was 45.7 acres) and the range of sizes within 2000 feet was from 4.75 acres to over 339 acres. I also made a few formatting changes primarily setting the tables so that they would appear all on the same page where the headings only were on one page and the body was on the next page. Other than that I have no other issues with this report. Great Job. I am forwarding it to Felix for his legal review. Thanks... Joe Joseph W. Baker Planning Manager Butte County Department of Development Services (530)538-6572 jRseph.baker@buttecounty.net 1/5/2004 DEPARTMENT OF DEVELOPMENT SERVICES • PLANNING DIVISION 7 County Center Drive Oroville, CA 95965-3397 Telephone: (530) 538-7601 FAX: (530) 538-7785 TO: FROM: Stephen Betts, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: James M. and Geraldine Paiva, Tentative Parcel Map — TPM 04-03 and Use Permit - UP 04-07 APN: 047-150-067 DATE: August 27, 2003 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, and to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: a Use Permit application to allow the segregation of a 4.8 +/- acre agricultural processing use from a 150.9 +/- acre parcel. The project also includes a Tentative Parcel Map to divide the 150.9 +/- acre parcel into the 4.8 +/- acre agricultural processing parcel and a 146.1 +/- acre parcel. The Use Permit project is being processed pursuant to Butte County Code Section 24-290 (Segregation of agricultural processing uses in agricultural zones) PROJECT LOCATION: on the south side of Wilson Landing Road and the east side of Carmen Lane, at 5361 Wilson Landing Road, northwest of Chico County Supervisor District No: 2 ZONING: A-40 (Agricultural, 40 -acre parcels) GENERAL PLAN: OFC (Orchard & Field Crops) If a response cannot be submitted prior to September 11, 2003, please call Stephen Betts at (530) 538-7153. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for 1/8/2004, before the Planning Commission. COMMENTS: (Please be specific. Letters or additional comments nay be attached): By: Date: Sierra West Surveying • 5437 Black Olive Drive Paradise, CA 95969 (530) 877-6253 Fax (530) 877-6254 Steve Betts County of Butte PLANNING DEPARTMENT 7 County Center Drive Oroville, California 95965 Dear Steve: rk I I ST, "I-, August 25, 2003 JOB 8265 APN 047-150-067 ** Tentative Parcel Map Agriculture Segregation for James M. & Geraldine Paiva Attached please find Use Permit Application fees in the amount of $1,114.00. We need to add the use permit application to the above mentioned parcel map application due to the fact that Shimizu Brothers, Inc. has its headquarters located on the proposed 4.8 acre parcel. This property is used specif ically for office and storage facilities. There is also a mechanical shop for agriculture purposes only. There is no commercial store and this facility is not used for any other commercial purposes. Also attached please find a copy of the updated preliminary title report. If you have any questions, please call or write. DIN AUG 2 5 2003 I BUTTE COUNTY /kem PLANNING DIYISIC Attachment C:Off ice\Memos\82655h i mi zu5.mem Sincerely, LIL'14 Kay E.a ey SIERRA ST SURVEYING C • "DRAFT" LEAD IN SHEET FILE NO: TPM 04-03 & UP 04-07 APM 047-150-067 APPLICANT: James M. and Geraldine Paiva OWNER: Same REPRESENTATIVE: Sierra West Surveying PROPOSED REQUEST: (to be filled out by person taking in application) A Use Permit application to allow the segregation of a 4.8± acre agricultural processing use from a 150.9± acre parcel. The project also includes a Tentative Parcel Map to divide the 150.9± acre parcel into the 4.8± acre agricultural processing parcel and a 146 1± acre parcel. The Use Permit project is being processed pursuant to Butte Count Section 24-290 (Segregation of agricultural processing uses in agricultural zones) FINAL REQUEST: (to be filled out by project planner) Same as above SIZE: 150.9 acres LOCATION: _ On the south side of Wilson Landing Road and the east side of Carmen Lane, at 5361 Wilson Land Road, northwest of Chico. SUPERVISORAL DISTRICT # 2 EXISTING ZONING: -A-40 GENERAL PLAN DESIGNATION: _Orchard and Field Crops County Offices and Cities: _ Chief Administrative Officer X Environmental Health _ Sheriff X LAFCo _ Biggs _ Oroville _ Information Systems Dept. X County Counsel Irrigation District: _ Butte Water _ OWID Table Mountain Irrigation Domestic Water _ Butte Water District OWID Sewer _ Butte Water District _ Skansen Subdivision (CSA 21) Fire Protection X California Department of Forestry Recreation Districts _ Chico Area Recreation Paradise Recreation & Park Utilities _ PG&E North - Chico PG&E South - Oroville State Agencies COMMENT DISTRIBUTION LIST X Develop. Services Director X Assesor BCAG Air Quality Mgmt. Gridley _ Paradise Animal Control —Biggs/W. Gridley Water _ Paradise Irrigation _ Thermalito Irrigation _California Water Service Co. Thermalito IrrigationDistrict _ Themalito Irrigation L.O.A. PUD EI Medio Fire Protection District _ Durham Area Recreation Richvale Recreation & Parks _ Chambers Cable TV Viacom Cable TV CalTrans (Traffic) _Dept. of Water Resources Forestry (Attn: Craig Carter) _ Dept of Parks and Rec. Central Reg. Water Quality Cont. _ Caltrans, Aeronautics Program _ Department of Conservation _ Off. of Mining Reclamation _ Dept.Social Services, Comm.Care Licensing Federal Agencies _ US Forest Service _ Army Corps of Engineers Other Districts, Agencies, Committees, etc. _ Lime Saddle Dist _ Drainage _ Reclamation _ Butte Co. Mining Committee _Paradise Pines Com. Assoc. _Mosq. Abatement..Oroville/Butte Co _ US Bureau of Land Management National Marine Fisheries Sservice _ Community Association _ Butte Env.l Council _ Cal Native Plant Society _ Forest Ranch. Community Assoc. Butte Ck. Watershed Conservancy X Public Works Director Building Manager ALUC Butte Co. Farm Bureau Chico _ Chico Airport Commission X Agricultural Commission _ Durham Irrigation _ Richvale Irrigation Other _ Del Oro Water Co. Other _ Sterling City Sewer Main Feather River Rec. & Park Pacific Bell Dept. of Fish and Game Highway Patrol Off. of Governmental & Env. Relations US Fish & Wildlife Service School Districts K:\Planning\Forms\DISTR.wp AGENDA REPORT TO: Honorable Chair and Planning Commission FROM: Department of Development Services, Planning Division DATE: May 19, 1998 REQUEST: A request for a Use Permit to allow an agricultural segregation for a prune drying complex on property zoned A-40 (Agricultural, 40 -acre minimum parcel size), located on the east side of Township Road, approximately 1,500 ft. south of West Evans -Reimer Road, at 480 Township Rd., Gridley. This project is located in Supervisorial District 4. RELATED ITEMS: None FOR: Planning Commission Meeting of May 28, 1998 SUMMARY: Staff recommends approval of this application subject to the findings and conditions contained herein. APPLICABLE BUTTE COUNTY REGULATIONS: This Use Permit application is submitted pursuant to Butte County Code Sections: 24-45 (Use Permits) which requires that an application be submitted and a public hearing be held by the Planning Commission. The Commission may grant a use permit when it finds 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 properties, or detrimental to the health or general welfare of the persons residing or working in the neighborhood, or to the general health, safety and welfare of the residents of the County; and 24-90.C.7 - A-40 zone which requires that a conditional Use Permit be obtained for the segregation of an agricultural processing site. 24-290 - Segregation of Agricultural Processing Uses in Agricultural Zones - Provisions for segregating an agricultural processing use, including parcel size limitations, covenant requirements, and time periods. PROJECT CHARACTERISTICS: This request is for a Use Permit to allow an agricultural segregation for a prune drying complex. Approval of this Use Permit will allow the applicants to apply for a tentative parcel map to create a new parcel containing the prune drying complex. The property is zoned A-40 (Agricultural, 40 -acre minimum parcel size) and is designated by the Land Use Element Map of the Butte County General Plan as Orchard and Field Crops. The parcel is 60 ■ Butte County Department of Development Services ■ Planning Division ■ acres in size, from which the applicants wish to segregate a 10 acre parcel. The parcel is under a California Land Conservation Agreement (CLCA or "Williamson Act"), and the minimum contract acreage is ten acres. The proposed 10 acre parcel is developed with a prune drying complex which includes the dryer facility, equipment storage buildings, mechanics shop, a residence, cottage, and additional living quarters. All of the improvements are contained within a fenced 8 acre area. Two additional acres are needed as a settling pond for waste water generated from washing the fruit. The remainder of the 60 acre parcel is planted with prune trees. The project site is surrounded by parcels ranging in size from 11 to 224 acres. Land uses on surrounding parcels are orchards, agricultural processing plants, and rural residential. The Southern Pacific rail line and Highway 99 lie on the property's east side. All surrounding parcels have an A-40 zoning and an Orchard and Field Crops General Plan land use designation. The topography is level. Water is provided by a private well and sewer service is provided by a septic system. Access to the processing plant/dwelling unit on the parcel is off of Township Road. ANALYSIS: In addition to the findings required for a Use Permit contained in Butte County Code Section 24-45.10, this project is also subject to the provisions of County Code Seciton 24-290 - Segregation of Agricultural Processing Uses. As stated in section 24-290, the segregation of a processing site shall meet the following requirements: The existing parcel(s) shown on the plan of development together are at least 10 acres in size or meet the parcel area requirements of the zone, whichever is greater. If the parcel does not meet the size requirement, additional contiguous parcels under the same or related ownership must be included in the application until the acreage requirement is met. The project meets this criteria. The parcel is a 60 acre parcel in an A-40 zone. 2. The proposed segregation will not reduce the capabilities for agricultural use of the non-agricultural processingparcel(s) and surroundingproperties. Given the current policies of the Agricultural Element this requirement can not be met for any processing site that is surrounded .by an agricultural operation. The Butte County General Plan Agricultural Element policy 3.4 requires a 200' buffer between the processing facility and agricultural areas in addition to a 6' to 8' vegetative screen. The effect to the buffer will be to place up to 7 acres of prunes on the processing site parcel and potentially limit their productivity. No additonal acreage will be taken out of production by approving this request but without the buffer, the imposition of a parcel line between the dryer facility and the orchard will affect the manner in which agricultural sprays can be applied to the orchard. 3. The proposed parcels meet the requirements of the County Environmental Health Division for sewage disposal and water supply. This requirement can be met. 4. The proposed segregation is consistent with the policies of the Butte County General Plan because of the covenant required in Section 24-290D. This finding can be made ■ Butte County Department of Development Services ■ Planning Division ■ N by conditioning the project to record a covenant restricting future constrution on the agricultural parcel as required by the above referenced section. S. The agricultural processing parcel is not less than one (1) acre and not more than five (S) acres, or the minimum lot area allowed by the County Environmental Health Division, whichever is greater. The project does not meet this requirement. The dryer facility by itself exceeds the 5acre maximum. When the necessary wastewater pond and buffers are added the site approaches 15 acres. The addition of the buffers alone will bring virtually any ag processing site out of compliance with this requirement. There appears to be a conflict between the zoning code and general plan policies that need to be reviewed and rectified. The Orchard and Field Crops General Plan land use designation allows the processing of all food crops as a primary use. The A-40 zone allows agricultural processing plants. This project is conditionally consistent with the A-40 zoning district and requires that a Use Permit be approved. Approval of this project will not change the land use on the site, nor will it create any new impacts. The prune drying plant already exists, and is allowed by right in the A-40 zone. The processing plant could be expanded to any size as seen appropriate by the landowners. No additional structures, including dwelling units, will be allowed to be placed on the agricultural parcel. Further development on the processing parcel would be allowed. The agricultural segregation will not generate any additional impacts on: the project site. No additional vehicle traffic, noise, smoke, odors, water, or biological impacts will occur as a result of this project because no development will be allowed on the agricultural parcel. Prior to recordation of a final map for the segregation, the applicant will be required to sign and record a covenant binding upon the owners and their heirs, successors and assigns, which disallows additional buildings from being located on the agricultural parcel. The covenant will be in force for ten years minimum from the time of recording of the covenant at the Recorder's Office and will continue until the applicant applies for termination or partial termination. thereof. Termination will require approval from the Planning Commission. Should the termination occur, structures, including a dwelling unit, could be placed on the 50 -acre agricultural parcel. The property is under a California Land Conservation Agreement and the contract on the property prohibits parcels sizes less than ten acres. The proposed parcel meets this requirement. Several conditions are being recommended for this project that will be implemented at the time of recordation of final map. One condition will require a 300 foot building setback from the side and rear parcel lines on the agricultural parcel. This is to ensure that a dwelling unit placed on the agricultural parcel after termination of the covenant will not cause any impacts to adjacent agricultural operations. Another condition will require that any habitable structures placed on the agricultural parcel after termination of the covenant have an interior fire sprinkler system. The Department of Public Works is requesting that the parcels be created in accordance with the provisions of the State Subdivision Map Act and the County Subdivision Ordinance. They are also ■ Butte County Department of Development Services ■ Planning Division ■ requesting that prior to issuance building permits, encroachment permits be obtained, 30 feet of right-of-way from the centerline of Township Road be deeded to Butte County, and a plan for a permanent solution for drainage be submitted and approved. These conditions will be required as to be implemented at the time of recordation of a parcel map creating the parcel. The Butte County Environmental Health Department is requesting that the project meet the discharge requirements of the Regional Water Quality Control Board. This has been added as a condition of approval. Discussions with County Counsel regarding the conflict between the zoning requirements and the general plan policies resulted in an informal opinion that the Planning Commission can approve the project based on the fact that new general plan policies have been adopted since the segregation ordinance and must be considered. The Commission may also want to consider initiating a code amendment to address the conflict. ENVIRONMENTAL DOCUMENTATION: This application has been defined as a project under the California Environmental Quality Act (CEQA) and as such, is subject to the requirements of CEQA. An Initial Study Part 1 has been prepared by the applicant and Part 2 has been prepared by County staff. Based upon the a review of the Initial Study, staff has determined that the project impacts can be fully mitigated with the addition of the following mitigation measures added as conditions of approval for the project. RECOMMENDATION: Staff recommends that the Planning Commission approve the application for Thiara Bros. Orchards on APN 024-140-008 for an agricultural segregation for a 13 to 15 acre agricultural processing parcel and a remaining 45 to 47 acre agricultural parcel in an A-40 zone, subject to the findings listed below and conditions in attached Exhibit A. Section 1: Environmental Findings. A. An Initial Study was completed in compliance with the California Environmental Quality Act identifying potentially significant environmental effects that the project may have. Provisions and the design of the project and the conditions added to the project will mitigate such effects to a level of insignificance; and B. The design of the proposed project improvements will not cause environmental damage to fish and wildlife or their habitat, and a de minimus exemption to the collection of Department of Fish and Game Environmental Filing Fees is recommended; and C. The Planning Commission has independently reviewed, analyzed, and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, and the Negative Declaration reflects the independent judgement of Butte County; and Section 2: Zoning Ordinance Findings. ■ Butte County Department of Development Services ■ Planning Division ■ 4 A. The proposed use of the property will not impair the integrity and character of the zone in which the land lies and that the use would not be unreasonably incompatible with, or injurious to, surrounding property, or detrimental to the health, safety and general welfare of the persons residing or working in the neighborhood, or to the general health, welfare and safety of the County because: Approval of this project will not cause any significant negative impacts because: a. The agricultural processing plant already exists and is allowed by right in the A-40 zone; and b. Under the current zoning the prune drying plant could be expanded to any size; and C. No additional structures will be allowed to be placed on the 50 -acre agricultural parcel, thus preserving prime agricultural land; and d. Approving an agricultural processing parcel of 10 -acres will not cause a loss of prime agricultural land and is consistant with the Williamson Act contract for the property; and 2. The proposed project is conditionally consistent with the A-40 zone with a Use Permit and is a Primary Use under the Orchard and Field Crops General Plan land use designation; and Section 3: Action A. Subject to the findings indicated in Sections 1 and 2 of this report, move to approve the Use Permit for Thiara Bros. Orchards on APN 024-140-008 to allow an agricultural segregation for a 10 -acre agricultural processing parcel and a 50 -acre agricultural parcel in an A-40 zone. Approval.shall be subject to the conditions in Exhibit "A" attached. Exhibit: A: UP Form Attachments: Vicinity Map Site Plan K:\PROJECTS\UPC\THIARA.UP\THAIRA.RPT e. Butte. County Department of Development Services ■ Planning Division ■ - 5 EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP 98-23 PERMIT NO. 024-140-008 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Thiara Brothers Orchards is hereby granted a Use Permit in accordance with application filed on March 18, 1998 for an agricultural segregation for a 10 -acre agricultural processing parcel and a 50 -acre agricultural parcel in an A-40 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. 24-45.65. 2. Unless otherwise provided for in a special condition to this Use Permit, all conditions must be completed prior to, or concurrently with, the establishment of the granted use. The use granted by this permit must be established within 24 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 two year of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. 4. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. 5. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee, Prior to such approval, verification 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 major or significant in nature shall require a formal application for amendment. Conditions of Approval: ■ Butte County Department of Development Services ■ Planning Division ■ Col As a condition of the parcel map, enlarge segregated parcel to provide a 200 foot building setback around the processing facility. The 200 foot setback shall be contained entirely on the agricultural processing parcel. The setback area shall contain a vegetation buffer 6' to 8' in height at full growth. Prior to recordation of the final map, a plan shall be submitted to the Planning Division detailing the location of the vegetation, the type of vegetation, and a plan for perpetual maintenance of the vegetation buffer. (MM) 2. As a condition of the parcel map, show on the final map a 300 foot building setback from the side and rear parcel lines on the agricultural parcel. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet stating that: "No residential structures shall be placed within the 300 foot setback." (MM) 3. As a condition of the parcel map, place a note on a separate document which is to .be recorded concurrently with the final map or on an additional map sheet stating that: "Unless the parcels can be connected to a pressurized community water system, all new habitable buildings shall have an automatic sprinkler system per National Fire Protection Association (NFPA 13D) standards for single family dwellings." (MM) 4. The agricultural processing parcel shall be at least ten (10) acres in size. 5. Prior to recordation of a final map for the segregation, the applicant shall sign and record a covenant binding upon the original owners and their heirs, successors and assigns, which disallows additional buildings from being located on the agricultural parcel. The covenant shall be in a form approved by County Counsel. 6. Meet the requirements of the State of California Regional Water Quality Control Board. 7. No waste from the processing plant shall be discharged into any Reclamation District 2056 canals. Create the parcel in accordance with the provisions of the State Subdivision Map Act and the County Subdivision Ordinance. 9. Prior to or concurrent with the recordation of a future parcel map, obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. 10. Prior to or concurrent with the recordation of a future parcel map, deed to Butte County, in fee simple, 30 feet of right-of-way from the centerline of Township Road. The right of way shall be sufficient for the installation of standard No. S-5 at all street intersections. 11. Prior to or concurrent with the recordation of a future parcel map, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on-site and/or ■ Butte County Department of Development Services ■ Planning Division ■ VA conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. 12. Applicant must also comply with all other applicable State and local statutes, ordinances and regulations. I hereby declare under penalty of perjury that I have read the foregoing conditions, that they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Dated: Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Butte County Planning Commission Chairman CC: Land Development Division Building Division Environmental Health Department California Department of Forestry Regional Water Quality Control Board Agricultural Commissioners Office Assessor's Office Reclamation District 2056 (c/o Jeff Spence) ■ . Butte County Department of Development Services ■ . Planning Division ■ 0 Project: Thiara Brothers Orchards APN: 024-140-008 When Recorded Mail to: Butte County Public Works Land Development Division 7 County Center Drive Oroville, CA 95965 i -of se- _Q3 IIII III III I IIII ! IIII II III II III II li z0el I—10elr+5Z+44Z+ Recorded Official Records County Of BUTTE C.lANDAiCE .1: GRUBBS Recorder ROSEMARY DICKSON Assistant MOM 02 -Oct -2001 CONVEYANCE OF DEVELOPMENT RIGHTS AND OPEN AREA EASEMENT (Ag. Accessory) I REC FEE .00 I i I I I i Fay I Page i of 13 This Conveyance of -Development Rights and Open Area Easement, made this 25th Day of September , 2001, by and between GURDEV S. THIARA: KULDIP S. THIARA: SUKHWANT K. THIARA Surviving Trustee of 3 the Gurdial S Thiara and Sukhwant K. Thiara FamilRevocable Trust: SATINDER K. THIARA: and HARMINDER K THIARA As Grantor(s) and the COUNTY OF BUTTE, as Grantee, hereinafter referred to as County, in consideration of the approval of a Tentative Parcel Map .do(es) hereby grant to the County, the development rights hereinafter set forth below shown as Parcel 2 upon the Parcel Map recorded concurrently herewith and filed in Book 1 of Maps at Page -! in the office of the Butte County Recorder, for the express purpose of maintaining such property for agricultural use and as open area. RECITALS: WHEREAS, pursuant to the County's General Plan, the County has determined that the property of Grantor(s) shown as parcel 1 and 2 of said parcel map is agricultural land constituting a natural resource of Butte County; and WHEREAS, the County's General Plan sets forth a Policy of Protecting the Agricultural Production Capability of Agricultural Lands, and the maintenance and conservation of this natural resource; and WHEREAS, in furtherance of such policy, the County has zoned the property shown as parcel 1 and 2 upon said parcel map to an Agricultural Zone; and WHEREAS, Grantor(s) desire(s) to create a lot for the purpose of maintaining an agricultural accessory use as described in Butte County Code Section 24-290 thereon, such lot being shown as parcel 1 upon said parcel map and WHEREAS, Grantor(s) has (have) applied,for and been granted approval of this Parcel Map pursuant to the provisions of Butte County Code to permit the maintenance of such agricultural accessory uses thereon with findings that` conformance to Butte County Code Section 24-290 standards is necessary to conform to the General Plan; and WHEREAS, in order to preserve and maintain the agricultural purposes of the Agricultural Zone in which the properties shown as parcel 1 and 2 upon said parcel map are located, and to maintain the consistency of said zone with the policies set forth in the County's General Plan, it is necessary and desirable that Grantor(s) convey to the County the right to construct additional agricultural accessory uses (other than agricultural outbuildings) on property shown as Parcel 2 upon said parcel map; and WHEREAS, it is the intent of the Grantor(s) and the purpose of this grant of development rights to allow the Grantor(s) to maintain an agricultural accessory on the lot shown as Parcel 1 upon. said parcel map and prohibit the maintenance of agricultural accessories on the property shown as Parcel 2 upon said parcel map so. as to neither increase nor decrease the number of agricultural accessories permitted by the zone in which the said properties are located. THEREFORE, in consideration of the approval of the Parcel Map granting permission to Grantor(s) to maintain an agricultural accessory on Parcel 1 for the purpose of maintaining Parcel 2 as open area for agricultural purposes, Grantors) grant(s) to the County an Open Area Easement with Grantor(s) and their successors' right to construct and maintain those agricultural accessory uses set forth in Section 24-290 of the Butte County Code on property shown as Parcel 2 upon said parcel map. 1. Nothing in this instrument shall be construed to affect the right of Grantor(s) to lay, operate, maintain, repair or remove water and sewer pipe lines, conduits or drains below the surface of the area shown as Parcel 2 upon said parcel map insofar as such activities are not incidental to establishing any agricultural accessory use of said area, and are not in conflict with the provisions of this Grant. 2. This grant of development rights shall not be construed to permit the public to enter upon the properties shown as Parcel 1 and 2 upon said parcel map for any purpose whatsoever. 3. This easement and grant of development rights shall be in force for ten (10) years minimum from the time of recording of the covenant at the recorder's office and will continue, 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 24-45 through 24-45.65 of the Butte County Code. The Planning Commission 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 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 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 nonagricultural designation under the General Plan. 4. Grantor(s) agree(s) that this document may be recorded in Butte County Recorder's Office. IN WITNESS WHEREOF, the Grantor(s) has (have) caused these presents to be executed as of the day and year first above written. GRANTOR(S): S. KULDIP S. THIARA J-*Ahwami" W. 7rizma % 2usf-a SUKHWANT K. THIARA, Surviving Trustee of Thiara Family Revocable Trust SATINDER K. THIARA ATTACH NOTARY PUBLIC VERIFICATION Gurdial S. Thiara and Sukhwant K. State of California County of Sutter On 551�'TC'A4& ' f q,'2'O I , before me, Victoria L. Hinkle personally appeared 6 XIL LD a/ s 7---14 4 - , personally kngvn to pee (or proved to me on the basis of satisfactory evidence) to be the person(g) whose nameW is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/l)&/th®tr authorized capacity(ips), and that by his/her/th,eit signature(g) on the instrument the person(p) or the entity upon behalf of which the person(}s� acted, executed the instrument. WITNESS my hand and official seal. /1 ='on"e- X" otary Public VICTORIA L HIAIKLE I@=Commission # 1226311 Z _ Notary Public - California Z Sutter County My Coram. �"'es Jun 26.2003 State of California County of Sutter On /I zoa/, before me, Victoria L. Hinkle personally appeared ,9Ai i 1 A? e7-1 K , persoWly knQvvn tome (or proved to me on the basis of satisfactory evidence) to be the person(x) whose name(,$) is/are subscribed to the within instrument and acknowledged to me that V/she/thgy executed the same in 4i /her/tb it authorized capacity(ii6s), and that by his/her/thoir signature(() on'the instrument the person(g) or the entity upon behalf of which the person(g) acted, executed the instrument. WITNESS my hand and official seal. Notary Public VICTCRIA L NNKLE Commission # 1226311 Z z Notary Public - Califamia Sutter County State of California County of Sutter On �j�/elr'�L-Y� ��;©� , before me, Victoria L. Hinkle personally appeared 9141-&Z i • i ff/Arz-A , personally known to me (o/prov6d to me on thj&"bgis of satisfactory evid6nce) to be the person(s) whose names) is/ale subscribed to the within instrument and acknowledged to me that he/sl1e/t1)6y executed the same in his/hir/their authorized capacity(iis), and that by his/her/their signature(s) on the instrument the person(?) or the entity upon behalf of which the person(g) acted, executed the instrument. WITNESS my hand and official seal. VICTCORJA L liINKLE otary PublicZ Commission # 122631 Notary public - California Sutter County y COMM. Ernes Jun 26,,i State of California County of Sutter On���% �/yl�� ��; ��1, before me, Victoria L. Hinkle personally appeared 11W- g1,frpt7t k. -i7; 1AI '4 , personally known to me (oa/proyed tar me Qrn thVballs of satieactory evidence) to be the person) whose name($) is/ate subscribed to the within instrument and acknowledged to me that bz6/she/they executed the same in hasher/thgfr authorized capacity(i$), and that by hii/her/th9ir signature(,v) on the instrument the person('} or the entity upon behalf of which the person(" acted, executed the instrument. WITNESS my hand and official seal. VICTORIA L HINKLE `NotaryPublic Commission 0 1Z?6311 Notary Z Public - Colifomia g Sutter County My Cantu. aaYTes Jun 26, 2MDO3 State of California County of Sutter On �e1�1E/`'�� zW 1, before me, Victoria L. Hinkle personally appeared X 7-#14/e4 , personally known to me (Z)� proved trite on t� ba 's c*sati9factory evince) to be the person(4 whose name(sj is/ayd subscribed to the within instrument and acknowledged to me that ht/she/*y executed the same in W/her/their authorized capacity(igt), and that by lIA/her/tldir signature(s) on the instrument the personal or the entity. upon behalf of which the person($3 acted, executed the instrument. WITNESS my hand and official seal. / _.� .+'F1�.e•.C-..rai4T,; Ai"..e.�•'F..:'�r,T,•,ye . l'y, a e •� R ,/ p ,, I;. :'x:71, �� �;)�'t�iLE Q CQfi'1IT�ISSi07 ktary Public Z '�� Notary Pubic - Caiirornia ZZZ J D $Utter County My Ca -nm. 6air*� Ju=t 25, 2003 CERTIFICATE OF ACCEPTANCE This is tortify'that11the interest in real property conveyed by the within deed or grant dated 2001, from Sukhwant K. Thiara, Surviving Trustee of The Gurdial S. Thiara and Sukhwant K. Thiara Family Revocable Trust; Gurdev S. Thiara; Kuldip S. Thiara; Satinder K. Thiara, and Harminder K. Thiara, to the County of Butte, a olitical subdivision, is hereby accepted by order of the Board of Supervisors o 2001, and the grantee consents to recordation thereof. By: go 'rt Jo iassen, Chairman Bu a County Board of Supervisors ATTEST': Marion Reeves, A sistant Clerk of the Board. B*-� r i "Approved as to Form" by Felix Wannenmacher, Deputy County Counsel CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the within deed or grant dated , 2001, from Sukhwant K. Thiara, Surviving Trustee of The Gurdial S. Thiara and Sukhwant K. Thiara Family Revocable Trust; Gurdev S. Thiara; Kuldip S. Thiara; Satinder K. Thiara, and Harminder K. Thiara, to the County of Butte, a political subdivision, is hereby accepted by order of the Board of Supervisors on , 2001, and the grantee consents to recordation thereof. By: Curt Josiassen, C airman Butte County B96rd of Supervisors ATTEST: Marion Reeves, Assistant Clerk of the Board. BY Approved as to Form: BYIA- Felix nnenmacher, Deputy County Counsel State of California County of Butte On September 25. 2001 before me, Marion A. Reeves, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Curt Josiassen Name(s) of Signer(s) ® personally known to me 0 proved to me on the basis of satisfactory evidence to be the person whose nameN) is/.subscribed to the within instrument and acknowledge to me that he/OCe414ey executed the same in his/h&th�ir authorized capacity., and that by his/* /t signatureoon the instrument the personoj, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. of Notary Public MARION A. RENES Commission # 1170840 Z Z¢ 9b Notary Public - C0lifomia Y Butte County �m.yComm. E>q:ires .ton 24, 2002 Title of Document: Conveyance of Development Rights and Open Area Easement Date of Document: September 19, 2001 Number of Pages: 5 pages + 5 notary pages, Certificate of Acceptance (2 pages) + notary page INTER -DEPARTMENTAL MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION To: Honorable Chair and Board of Supervisors From: Development Services Department, Planning Division Subject: Appeal of Denial of a Use Permit for the Thiara Brothers Orchards, File # APL 98-04 Date: June 26, 1998 SUMMARY: This is an appeal of a denial for a Use Permit for the Thiara Brothers Orchards. On May 28, 1998, the Planning Commission voted 4-0 to deny the Thiara Brothers Orchards request for a Use Permit for an agricultural processing segregation. The Planning Commission based its decision to deny the Use Permit on inconsistencies with the Zoning Ordinance. BACKGROUND: The appeal is made pursuant to Butte County Code Section 24-45.30 and is a "de novo" hearing. All applications, papers, maps, exhibits, and staff recommendations presented to the Planning Commission may be considered by the Board in reaching a decision. The primary concern of the Planning Commission was the size of the agricultural processing parcel and the apparent inconsistency between the Zoning Ordinance and the Agricultural Element. Section 24-290.B.5 of the Butte County Code states that the maximum size of an agricultural processing parcel cannot be more than five acres unless additional acreage is required for sewage disposal area. The acreage as stated in the Planning Commission staff report for this project was in error. For this project, the correct size of the processing parcel is 7.7 acres: 5.7 acres for the existing processing facility and an additional two acres for settling ponds for the liquid waste generated by the processing facility. At 5.7 acres, the processing facility exceeds the five -acre maximum parcel size allowed by the Zoning Ordinance. With the adoption of the Agricultural. Element, additional requirements were imposed, by policy, for the segregation of processing facilities. Policy 3.4 of the Agricultural Element states, "Continue Agricultural segregations for agricultural processing while requiring an agricultural conservation easement on the remaining land, a vegetation buffer of 6' to 8' at full growth around the processing use, and a 200' setback from the agricultural area." Applied to this request, the 200 -foot buffer would increase the segregated parcel to approximately 13.2 acres, far exceeding the 5 -acre requirement of the zoning ordinance. In addition the buffer area is planted in prune trees which may not be fully maintained if they become part of the segregated parcel. Applied to future segregation requests, the 200' buffer will make it almost impossible for any segregated parcel to meet the 5 -acre maximum. The project site also has a Land Conservation Agreement (LCA or "Williamson Act") on it which has a minimum contract parcel size of ten acres. Approval of this project at 7.7 acres will not meet the minimum parcel size as called for in the contract. An additional 2.3 acres is needed to make the processing plant ten acres in size and, therefore, in compliance with the Land Conservation Agreement on the project site. The Planning Commission recognized the inconsistency between the zoning code and the General Plan and decided that an action to approve the project could not be taken if the project was not consistent with the existing code. The Commission discussed options for resolving this inconsistency but could not come to agreement on initiating either a code amendment or a General Plan amendment. - Direction was given to the Agricultural Commissioner to raise this issue with the homesite .segregation committee that is being formed. STAFF COMMENTS: It is apparent that the Zoning Ordinance has not been amended to implement the 1995 Agricultural Element. The project, as conditioned could meet the requirements of the Agricultural Element. While this conflict exists, this applicant should not be held to two conflicting standards. The Zoning Ordinance has not yet been brought into conformity with the 1995 General Plan amendment. County Counsel advised staff in an unwritten opion that the Use Permit for the agricultural processing segregation could proceed. All land use decisions must be found to be in conformity with the General Plan. This Use Permit is consistent with the General Plan and should be approved. If approved the Board should direct staff to proceed with the appropriate revisions to the Zoning Ordinance. The minutes of the May 28, 1998 Planning Commission meeting, the Planning Commission staff report, and the Initial Study are included in this package for background information. Exhibit "A", attached, details the findings and action taken by the Planning Commission. RECOMMENDATION: Staff recommends that the Board of Supervisors overturn the Planning Commission's action to deny the Use Pemit and approve the appeal subject to the conditions and findings recommended in the May 28, 1998, Agenda Report to. the Planning Commission.for an agricultural processing segregation for the Thiara Brothers Orchards on APN 024-140-008. Attachments: , A. May 28, 1998 Planning Commission Minutes B. Agenda Report for May 28, 1998, Planning Commission Meeting C. Initial Study dated April 30, 1998 D. Site Plan K:.PROJEC TS',.TPNT,THIARA.TPM\BO.ARD.MEM EXHIBIT A Appeal of Denial of a Use Permit for the Thiara Brothers Orchards on APN 024-140-008 File # APL 98-04: Request for a Use Permit to allow an agricultural segregation for a prune drying complex on property zoned A-40 (Agricultural, 40 -acre minimum parcel size), located on the east side of Township Road, approximately 1,500 ft. south of West Evans -Reimer Road, at 480 Township Rd., Gridley. FINDINGS: Section 1: Environmental Findings. A. An Initial Study was prepared for this project and the requirements of the California Environmental Quality Act have been met; and identified potential significant environmental effects that the project may have.. Provisions and the design of the project and the conditions added to the project will mitigate such effects to a level of insignificance; and Section 2: Subdivision Map Act Findings. A. The proposed agricultural segregation is inconsistent with Section 24-290 of the Butte County Code because the processing parcel exceeds five acres in area; and B. Section 24-290 of the Butte County Code is inconsistent with Policy 3.4 of the Butte County General Plan Agricultural Element; and C. Policy 3.4 of the Butte County General Plan Agricultural Element is inconsistent with the Goals of the Agricultural Element for the preservation of agricultural land; and Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this report, move to deny the appeal of a denial of a Use Permit for the Thiara Brothers Orchards on APN 024-140-008. 98-218 f Thiara Brothers Orchards - Use permit - consideration of an appeal of the Planning Commission's denial of a use permit (item on which a negative declaration regarding environmental impacts has been recommended), to allow an agricultural segregation for a prune drying complex on property zoned A-40 (Agricultural -40 acre minimum parcels) on property located on the east side of Township Road, approximately 1,500 feet south of West Evans -Reimer Road, at 480 Township Road, Gridley, identified as APN 024-140- 008 - ACTION REQUESTED: SUBJECT TO ENVIRONMENTAL FINDINGS A -C, ZONING ORDINANCE FINDING A, AND CONDITIONS DETAILED IN EXHIBIT A OF STAFF MEMORANDUM DATED MAY 28, 1998, UPHOLD THE APPEAL AND GRANT -A USE PERMIT FOR AGRICULTURAL PROCESSING SEGREGATION FOR THIARA BROTHERS ORCHARDS ON PROPERTY IDENTIFIED AS APN 024-140-008. (STAFF REPORT DATED JUNE 26, 1998) (545) MOTION: SUBJECT TO ENVIRONMENTAL FINDINGS A -C AS FOLLOWS: A. AN INITIAL STUDY WAS COMPLETED IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IDENTIFYING POTENTIALLY SIGNIFICANT ENVIRONMENTAL EFFECTS THAT THE PROJECT MAY HAVE. PROVISIONS AND THE DESIGN OF THE PROJECT AND THE CONDITIONS ADDED TO THE PROJECT WILL MITIGATE SUCH EFFECTS TO A LEVEL OF INSIGNIFICANCE; B. THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND WILDLIFE OR THEIR HABITAT, AND A DE MINIMUS EXEMPTION TO THE COLLECTION OF DEPARTMENT OF FISH AND_GAME ENVIRONMENTAL FILING FEES IS RECOMMENDED; AND 98-218 C. THE BOARD OF SUPERVISORS HAS INDEPENDENTLY REVIEW, ANALYZED, (cont.) AND CONSIDERED THE PROPOSED NEGATIVE DECLARATION WITH MITIGATION MEASURES PRIOR TO MAKING' ITS DECISION ON THE PROJECT, AND THE NEGATIVE DECLARATION REFLECTS THE INDEPENDENT JUDGEMENT OF BUTTE COUNTY;'AND AND ZONING ORDINANCE AND GENERAL PLAN FINDINGS A(1-3) AS FOLLOWS: A. THE PROPOSED USE OF THE PROPERTY WILL NOT IMPAIR THE INTEGRITY AND CHARACTER OF THE ZONE IN WHICH THE LAND LIES AND THAT THE USE WOULD NOT BE UNREASONABLY INCOMPATIBLE WITH, OR INJURIOUS TO, SURROUNDING PROPERTY, OR DETRIMENTAL TO THE HEALTH, SAFETY AND GENERAL WELFARE OF THE PERSONS RESIDING OR WORKING IN THE NEIGHBORHOOD,. OR TO THE GENERAL HEALTH, WELFARE, AND SAFETY OF THE COUNTY BECAUSE: 1.. APPROVAL OF THIS PROJECT WILL NOT CAUSE ANY SIGNIFICANT. NEGATIVE IMPACTS BECAUSE: BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - JULY 14; 1998 A. THE AGRICULTURAL PROCESSING PLANT ALREADY EXISTS AND IS ALLOWED BY RIGHT IN THE A-40 ZONE; AND B. UNDER THE CURRENT ZONING THE PRUNE DRYING PLANT COULD BE EXPANDED TO ANY SIZE; AND C. NO ADDITIONAL STRUCTURES WILL BE ALLOWED TO BE PLACED ON THE AGRICULTURAL PARCEL, THUS PRESERVING PRIME AGRICULTURAL LAND; AND D. APPROVING AN AGRICULTURAL PROCESSING PARCEL WILL NOT CAUSE A LOSS OF PRIME AGRICULTURAL LAND. 2. THE PROPOSED PROJECT IS CONDITIONALLY CONSISTENT WITH THE A-40 ZONE WITH A USE PERMIT AND IS A PRIMARY USE UNDER THE ORCHARD AND FIELD CROPS GENERAL PLAN LAND USE DESIGNATION; AND 3. THAT THE PROPOSED PROJECT AS CONDITIONED ACCOMPLISHES THE BUFFER AREAS CONTAINED IN POLICY 3.4 OF THE AGRICULTURAL ELEMENT. MOVE TO APPROVE THE USE PERMIT FOR THIARA BROTHERS ORCHARDS ON APN 024-140-008 TO ALLOW A SEGREGATION FOR CREATION OF AN AGRICULTURAL PROCESSING PARCEL AND A REMAINING AGRICULTURAL PARCEL IN AN A-40 ZONE. APPROVAL IS SUBJECT TO THE FOLLOWING CONDITIONS: GENERAL CONDITIONS 1-5: 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 FOR IN THE BUTTE COUNTY ZONING ORDINANCE, INCLUDING BUTTE COUNTY CODE SECTION 24- 45.65. 98-218 2. UNLESS OTHERWISE PROVIDED FOR IN A SPECIAL CONDITION TO THIS (cont.) USE PERMIT, ALL CONDITIONS MUST BE COMPLETED PRIOR TO, OR CONCURRENTLY WITH, THE ESTABLISHMENT. OF THE GRANTED USE. THE USE GRANTED BY THIS PERMIT MUST BE ESTABLISHED WITHIN 24 MONTHS OF THE DELIVERY OF THE COUNTERSIGNED PERMIT TO THE PERMITTEE. 3. IF ANY USE FOR WHICH A PERMIT HAS BEEN GRANTED IN NOT ESTABLISHED WITHIN TWO YEARS OF THE DATE OF RECEIPT OF THE COUNTERSIGNED PERMIT BY THE PERMITTEE, THE PERMIT SHALL BECOME NULL AND VOID AND REAPPLICATION AND A NEW PERMIT SHALL BE REQUIRED TO ESTABLISH THE USE. 4. THE TERMS AND CONDITIONS OF THIS PERMIT SHALL RUN WITH THE LAND AND SHALL BE BINDING UPON AND BE TO THE BENEFIT OF THE HEIRS, LEGAL REPRESENTATIVES, SUCCESSORS, AND ASSIGNS OF THE PERMITTEE. BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - JULY 14, 1998 VOTE: 5. MINOR CHANGES MAY BE APPROVED ADMINISTRATIVELY BY THE DIRECTOR OF DEVELOPMENT SERVICES, ENVIRONMENTAL HEALTH, OR PUBLIC WORKS UPON RECEIPT OF A SUBSTANTIATED WRITTEN REQUEST BY THE APPLICANT, OR THEIR RESPECTIVE DESIGNEE, PRIOR TO SUCH APPROVAL, VERIFICATION 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 MAJOR OR SIGNIFICANT IN NATURE SHALL REQUIRE A FORMAL APPLICATION FOR AMENDMENT. SPECIAL CONDITIONS OF APPROVAL 1-6: 1. IF REQUIRED, THE PARCEL MAP SHALL INCLUDE A CONDITION THAT AT THE TIME OF SALE OR TRANSFER TO A NON -FAMILY MEMBER, A SETBACK OR BUFFER BE IMPOSED PURSUANT TO POLICY 3.4 OF THE AGRICULTURAL ELEMENT. 2. THE AGRICULTURAL PROCESSING PARCEL SHALL BE FOUND TO BE CONSISTENT WITH THE WILLIAMSON ACT AGREEMENT. 3. PRIOR TO RECORDATION OF A FINAL MAP FOR THE SEGREGATION, THE APPLICANT SHALL SIGN AND RECORD A COVENANT BINDING UPON THE ORIGINAL OWNERS AND THEIR HEIRS, SUCCESSORS AND ASSIGNS, WHICH DISALLOWS ADDITIONAL BUILDINGS FROM BEING LOCATED ON THE AGRICULTURAL PARCEL. THE COVENANT SHALL BE IN THE FORM APPROVED BY COUNTY COUNSEL. 4. NO WASTE FROM THE.PROCESSING PLANT -SHALL BE DISCHARGED INTO ANY RECLAMATION DISTRICT 2056 CANALS.. 5. CREATE THE PARCEL IN ACCORDANCE WITH THE PROVISIONS OF THE STATE SUBDIVISION MAP ACT AND THE COUNTY SUBDIVISION ORDINANCE. 6. APPLICANT MUST ALSO COMPLY WITH ALL OTHER APPLICABLE STATE AND LOCAL STATUTES, ORDINANCES AND REGULATIONS. S M 1 NP 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 14, 1998 Thiara Bros. Orchards - proposed Negative Declaration regarding environmental impacts and Use Permit to allow an agricultural segregation for a prune drying complex on property zoned A-40 (Agricultural - 40 acre minimum parcels) located on the east side of Township Road, approximately 1,500 feet south of West Evans -Reimer Road, at 480 Township Road, identified as APN 024-140- 008, Gridley. (SB) (UP 98-23) A video of the site was shown. Mr. Betts gave a brief summary of the project. He said the applicant is asking for 10 acres to be segregated. He said the Ag. Element requires a 200 ft. buffer between the plant and surrounding orchards. Mr. Sanders said if the 200 ft. buffer is required, it will be impossible to meet the maximum 5 acres stated in the segregation ordinance. Mr. Betts said the covenant on the ag. portion will restrict building for 10 years. At the end of the 10 years the applicant would need to come back in to have the Commission remove the covenant. Chairman Lambert asked if the ag. parcel would have a 300 ft. setback requirement. Mr. Betts said yes. Commissioner Leland asked if in the future the zoning becomes %2 acre lots, and the application gets approval, why at that time would we require a 300 ft. setback. The covenant will be for no building at all, when the applicant comes back in for a Use Permit to lift the restriction, that is when we should look at the abient zoning and decide if it has changed. Mr. Sanders said this is in the Williamson Act. Commissioner Leland asked the source of the 5 acre maximum? Chairman Lambert said the size was determined when the ordinance was adopted. Mr. Sanders discussed a code amendment and who should initiate the change. Chairman Lambert said she was not willing to initiate the change. The hearing was opened to the public. Richard Price, Ag. Commissioner, said an ag. processing plant, next to an orchard, will have problems with spraying of the orchard, etc. He said there is a 200 ft. buffer and a 6-8 foot vegetation buffer required by the Ag. Element. He said he has concerns about the 300 ft. buffer that will be set up in the future. There is a conflict with trying to do a buffer on top of a maximum of 5 acres when the intent is to keep as much land as possible in agricultural production with a minimum impact. Discussion on traffic. . Commissioner Leland said given that the goal is to preserve agricultural land, with a 200 ft. buffer you will have trees maintained by the prune processing plant, without the 200 ft. buffer the trees would stay with the orchard. He asked if the 200 ft. buffer could cause a loss of ag. production? Mr. Price said yes. He said that is one of his concerns. But, he said the buffer is to address a health concern. He said the processing plant is on a 7.7 acre site which is already over the 5 acre maximum allowed to be segregated. with a 200 ft. buffer and a 6-8 acre vegetation buffer. BUTTE COUNTY PLANNING COMMISSION MINUTES MAY 28; 1998 Tom Kendall, Surveyor, said he had no comments. The applicants were not present. The hearing was closed. Chairman Lambert said she was concerned that the applicants were not present. Commissioner Leland said he thinks this is good for ag. He said splitting the processing plant from the orchard would help financing. He said setbacks for spraying should be handled with the Ag. Commissioner. He discussed no 200 ft. buffer and no future 300 ft. buffer. He noted that the 200 ft. buffer requirements was in the Ag. Element. Commissioner Mooney said there are reasons to separate the processing plant from the orchard. Mr. Sanders explained the buffer requirements. Chairman Lambert said they can not apply something that does not meet the requirements of the Ag. Element or Segregation Ordinance based on possible need for financing. Commissioner Leland said he was not willing to go against the statutes. He said they need to change the statutes. Mr. Sanders said the Commission could continue this for six months and initiate a change to the Ag. Element and Segregation Ordinance. Commissioner Leland said the Ag. Element and Segregation Ord. are in conflict. He questioned if the amendment could be accomplished in six months. Commissioner Mooney said they should deny this request, let it go forward to the Board on appeal, and if they choose, the Board can initiate a Code Amendment, to address the inconsistencies. It was moved by Commissioner Leland, seconded by Commissioner Mooney, and unanimously carried to deny the Use Permit for Thiara Bros. Orchard on AP 024-140-008, finding that Section 24-290 of the County Zoning Ordnance is inconsistent with the Agricultural .Element of the. General Plan, that Policy 3.4 of the Ag. Element is inconsistent with the Goal of the Ag. Element, and finding that the Commission is compelled to follow Section 24-290 of the Zoning Code. r :BUTTE COUNTY PLANNING ttCOIvIlVIISSION _ MINtTTES MAY 28,`1998' Commissioner Leland discussed an agenda item to revisit the Ag. Element questions. Mr. Sanders said in order to take an action to amendment the element, the item would need to be published He said the Commission could initiate the Code Amendment request or ask staff to initiate the action. Chairman Lambert said she would like to see the outcome of this application, if it is appealed to the Board. She said she would like the Board to initiate the Code Amendment. Commissioner Leland requested a discussion item on the next agenda with staff recommended changes to the code. Mr. Price, Ag. Commissioner, said his office is looking at the ag. segregation issues. Commissioner Leland said the Ag. Commissioner's office was the logical place to start. :,j. 1 .93AcE 4 T. 22N R.1 W. M. 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I CHICO, CALIFORNIA 95973 lh\ I ' \ I EXISTING ZONING ------- A-40 \ \ , PROPOSED ZONING ------ A-40 ` {'' / EXISTING USE ----------- OFFICE \ /AGRICULTURE PROPOSED USE --------- OFFICE /AGRICULTURE \ / ( SEWAGE DISPOSAL SEPTIC SYSTEM .� r WATER ----------- - INDIVIDUAL WELLS ' 1 POWER --------------- P.G. & E. TOTAL N0. OF LOTS ------ T1N0 (2) . TOTAL AREA --- 150.91 x ------ A MINIMUM LOT AREA ------- 4.81 Ac. . ASSESSORS „PARCEL NO. --- -150-067 BUTTE J0 45"W1 COUNTY M.. 2634.32' AUG 18 2003 • � � . i . � � � � DEVELOPMENT "* I LOPMENT \ \ SERVICES \ \ 1 TENTA T1 VE PAR CEL MAP : 4 AGRICULTURE SEGRACATION \ FOR JAMES M. & GERALDINE PAIVA r krxr , w ` L1 s00•15'27"w 38.s4'LOTS 1 & A PORTION OF LOT 2, AND THE SOUTH HALF OF THE NORTHEAST S T Q UAR TER OF SECTION 2, T. 22 N. , R. 1 W. , M.D.M. 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