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HomeMy WebLinkAbout079-270-083aa �y :i .ter k PAUL LARSEN Iv gt�_r I W/S Foothill Blvd, 2000' N Lower• f 1 r -ti Wyandotte, Oroville '(USE PERMIT TO SEGREGATE HOMESITE FROM OLIVE ORCHARD) J .Yrr P.. �,'• ' _ .a S P . --. . yr - - , V. . �y a - } Butte County Department of Development Services PAUL MCINTOSH, INTERIM DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538.7785 Facsimile ADMINISTRATION * BUILDING * PLANNING September 29, 2005 Bob & Marguerite Marciniak 10 Orange Avenue P.O. Box 459 Bangor, CA 95914 Subject: Limited Use of Property per Use Permit 84-18 (Home Site Segregation), and the development policies of the Oroville Urban Reserve. Dear Mr. & Mrs. Marciniak: During your recent visit to our office you inquired about developing a parcel south of the City of Oroville. The subject parcel (Assessor's parcel numbers: 036-220-194), is zoned A-5 (Agriculture, with a five acre minimum parcel size). The General Plan land use designation for the property.is Low Density Residential, and it is within the Oroville Urban Reserve. The parcel is located approximately a mile southeast of the Oroville-Bangor .Highway and Foothill Boulevard intersection. You were informed that the property has an approved Use Permit (UP 84-18) for a home site segregation, and that the parcel is within the Oroville Urban Reserve. Each of these land -use documents includes legal restrictions that influence the type and density of development allowed on this property. The Use Permit and Oroville Urban Reserve are discussed in more detail in the following: ` Use Permit 84-18 In 1983 Mr. Paul Larsen applied for a use permit to segregate a 1.25 -acre home site from a 17.84 -acre .olive orchard. Use Permit 84-18 was approved by the Butte County Planning Commission,- and he was allowed to separate his home site from the agricultural operation on the entire parcel. A Parcel Map was approved and recorded on April 9, 1984 (Parcel Map for Katherine Larsen Book 94 of Parcel Maps, Page 75). The special conditions of the use permit are detailed below: 1. ' Parcels to be created pursuant to the requirements of the State Subdivision Map Act and Chapter 20 of the Butte County Code. 2. Prior to the division being effective, the owner(s) of the property included in the approved development shall execute and cause to be recorded in the office of the Recorded of Butte County a restriction being upon the original owners and their heirs, successors and assigns which disallows additional buildings from being located on the property until either the following conditions occur: a. The property is rezoned to any other zone; or b. At least ten (10) years has elapsed from date of recordation, .and the Commission finds circumstances regarding said property and other properties in the area have been changed sufficiently to reconsider the restrictions. 3. The applicant must also comply with all other applicable State. and local statutes, ordinances, and regulations. The execution of condition number two (2) above disallows development of the large agricultural parcel, identified as the "Remainder Parcel" on the Parcel Map. The restriction entitled "Conveyance of Development Rights and Open Area Easement" was recorded at the office of the Recorder of Butte County on March 27, 1984 in book 2922 at pages 665 thru 668. This document conveyed the development rights to the County of Butte, and established an open area easement for agricultural purposes. These restrictions will exist until one of the procedures noted above in 2. a. or b. is accomplished. It should also be noted that the Katherine Larsen Parcel Map includes a note that indicates the following: "Homesite segregation covenant was approved by Butte County Board of Supervisors on March 20, 1984.". This note is intended to provide constructive knowledge of the covenant to future land owners. Oroville Urban Reserve The Butte County General Plan designates land use planning areas, which includes .Urban Reserves, with specific policies that govern development. All urban reserves identified in the General Plan establish policies that preserve the viability of each area to support development at urban densities, and with the proper services (water, sewer and drainage). The policies in the area are located within the Land Use Element's Policies Applicable to Specific Planning Areas section, and are stated as follows: • This area (identified on the urban reserve map) shall be managed as an "Urban Reserve," permitting rural residential development and uses on parcels of not less than ten acres; and • Plans for the extension of sewers, water, circulation and means to control downstream flooding shall be developed before development and uses on parcels of less than 10 acres are permitted. Although the A-5 zoning supports the creation of 5 -acre parcels, development proposals must . address the issues identified in the Use Permit and Oroville Urban Reserve. Proposals that are inconsistent with these policies will not be supported by Development Services. Due to the restrictions as noted above, staff cannot support any proposal to subdivide or develop the subject property, unless the noted requirements are satisfied. Should you have any questions please contact me at 538-7629. Sincerel an Breedon Principal Planner Enclosures (4): (1) Use Permit 84-18 (2) Katherine Larsen et al. Parcel Map (94 PM 75) (3) Conveyance of Development Rights and Open Area Easement (Document at Book 2922, Page 665 thru 668) (4) Oroville Urban Reserve and Map cc. Joe Hunter, Special Assistant to the CAO Pete Calarco, Assistant Director, Development Services County Counsel BUTTE COUNTY PLANNING COMMISSION USE PERMIT Page 1 of. 2. � February 6, 1984 DATE (Registered mail receipt) 84-18 PERMIT NO. AP 36-22-1.81 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Mrs. Paul Larsen is hereby granted a Use Permit NAME in accordance with application filed: 11/17/.83 to)eftm seg.regate a l+ .acre homes.i.te from. an .olive (date) orchard located on the west side of Foothill Boulevard. 2000 fe t north. o.f Lowen Wyandotte, Oroville. 1• Failure to complywith the conditions specifies herein as the basis for approval of appli- cation and issuance of Permit, constitutes cause for. the revocation of said permit iri accor- dance with the procedures set . forth in the Butte County Zoning Enabling Ordinance. 2. Unless otherwise provided for in a condition to a use permit, all conditions must be Com- pleted by the permittee Within 12 months of the delivery of the countersigned permit. to the permittee. 3. 'If any use for which ­a use permit has been granted is not established within one year of the date of receipt. of the countersigned permit by the permittee, the permit shall become null and void and reapplication shall be required to establish the use. .SPECIAL CONDITIONS: 1. Par.cels .shall .be created pursuant .to the .requirements .of the State Subdivision Map'Act and Chapter 20 of. the Butte C.ounty Code. 2. Prior to the division .being effective. the owners) of the property included in the appr.oved development plan shall execute and cause to be recorded in the office of the Recorder. of Butte County a restriction binding upon the original owners and their.heirs, successors and assigns which disallows additional dwellings from being located on the property until either of the following conditions occur: a. The property is rezoned to any other zone; or. I hereby. declare under penalty of perjury. that I have read the foregoing conditions, that U ; re in fact the conditions which were imposed upon the granting of this use permit, and t agree to abide fully by said conditions. Dated: scant NOTE: Issuance of this Use Perms s� ai quirement of obtaining Building and Health Department e s before -startin� uction, nor does it waive. any other require. Q.. �.�� CC: Health D Lment e �rtmant of Public 'Works (2) l'/ Fire Deparimenr Chairman of Planning Commission . 6U'17E COUNTY PLAINN-ING COMMISSION USE PERMiT Page 2 of 2 February 6, 1984 DATE (Registered mail receipt) 84-18 �+. PERMIT N0. N e i Ct 4 - AP 36-22-81" _l A88ESSOR'S PARCEL NO.. Pursuant to the. provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Mrs. Paul. Larsen is hereby granted -.A Use Permit NAME in accordance with application filed: 11/17.%83 to ;N . seg.ri.gate a .'l+ acre homesite from an .olive (date) orchard locate e w on t est side of Foothill.Boulevard, 2000 feet north of Lower Wyandotte, Oroville. 1. Failure to comply with the conditions specifies herein as the basis for approval of appli- cation and issuance of Permit, constitutes cause for the revocation of said permit in accor- dance with the procedures set forth in the Butte County Zoning Enabling Ordinance. 2 Unless otherwise provided for in a condition to a use permit-, all conditions must be com- pleted by, the permittee within 12 months of the delivery of the countersigned permit to the permittee: 3. If any use for which"a use permit has been granted is not established within one year of the date of receipt of the countersigned permit by the permittee, the permit shall become null. and void andreapplication shall be required to establish the use. SPECIAL CONDITIONS: b. At least ten (10). years. has. elapsed. from the date of recordatiob, and the Commission finds circumstances regarding said property and other properties in .the area have changed sufficiently to reconsider the restriction. 3. Applicant must also comply with all other applicable State and local statues, ordinances, and regulations. I hereby. dQclareunder 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 luliy by said conditions. Dated: t ' l22y-t-O. licant NOTE: Issuance of this Use Permit does riot vsaive requirement of obtaining Building and Health Capartinent permits before starting construction, nor does it vvaive any other requirements. CC: Health Department Department of Public vJorks (2) Fire Department Chairman of Planning Commission ' CONVEYANCE OF DEVELOPMENT RIGHTS �0 QF"` •. AND OPEN AREA I:ASEMr-.NT !..I r.. • l' ' �• . � .,------- Cl l:r',+ �'. ., FEE . made This .Conveyance of Development Rights in+l OPcn Area icalviceictt1Olivcr this • P7 day of _Jf4N 19 8.7 , by and between I�athcrine Everett I,ar.rr' -+ + " - _ Ilenr� Brown L•vcrett and Munson Bernard Everett — Y as Grantor(s)'in consideration,of the approval of a usc•permit do(CS) ` hereby grant'to the COUNTY OF BUTTE, as Grantee, hereinafter'referred:to, r hereinafter set forth for the term and as County, the development rights ~ ^�.• subject tohthe'covenants and conditions set forth below in the property "A" as Parcel.'2, attched ereto and made described in Exhibit a Part ah !ty- thereof, for the express Purpose of maintaining such liruperty for agricul ` aural use and as open arca. , R E C I T A 1: S: WHEREAS, pursuant to .the County'' General Plan, the County has detcrminc,:� • . :rZ that fhe p pe=tY'of Grantors) descrlbcd in l rliih'ii "A' is agricultural Y Mand constituting•tea—n-a-tu'r'a'l�resou�cc f=IYrirtc�Coinrt rnd�� WHEREAS, the County's �Gen eral Plan sets forth a Policy of Protecting the Agricultural Production Capability`of Agricultural lands, and the maintenance and conservation of ,thi's naturcll resource; and r WHEREAS, in furtherance of such policy, the County has zor.edithe property described in Exhibit "A" to an Agricultural Zone; and - WHEREAS, Grantors) deSire(s) to create a lot for the purpose of maintaining a single family residence thereon, such lot being described as 4. ' Parcel 1, in said Exhibit "A and 1� WHEREAS, Grantor(s) has .(have)'apPlied for and been granted -approval T• of the use permit .pursuant to the Provisions of the Butte County Section • C• 24-54 to permit the maintenance of such residence thereon; and + Jreserve the agricultural purposes and mai;itain WHEREAS, in order to p .. "A" Agricultural Zone in which the 'properties descril,eJ in Exhibit of, the maintain the consistency of said zone with the policies ` are located,,and1to it is necessary and desirable that t's set forth in the County General Plan, residences; ` (s) convey to the County the right to construct additional Grantor described in Exhibit "A" as parcel -2; and „ on the property the Grantor (s) and•,the purpose of this WHEREAS, it is the intent of the 'Grantor (s) to maintain a residence grant of development rights to allow "A" rol,ibi t the maintenance un the,•lot-described as Parcel 1 on Exhibit ❑gid P _ as to • "A^ as Parcel 2 so .on the -property described in }ixhibit e r of residences - v '" residences permitted by the unc '• neither increase nor decrease the number oG i y r ,o crtics are, located. i in which tfic saiJ'p ' P rant �thc use •permit ,g THF.R%TORE, in eonsi:Jcration of the approval of t 1 1 Grantor (s) to maintain. a.,sin};lc family resiJencr on'Parr.c] k s p r + permission to p u' yf_ox—agricultural p T " _ for the purpose of maintaining Parcel 2 as c?}ien—ar_e Easement tw �=Grantor(s ,a an Open Area (s)=Lc the County—' �r pos'es';�Grantor(s)=grant uses y 7---99 to to construct an`J maintain�any�residential ' and�thelT SUCCCSSOTS' "A' as'Parce1 s2I ject—to fhe fol -1 owrnc the property�described�ii�Exhibi o� terms and conditions: reserves) the right to construct or maintain any agr, 1, Grantcr(s) agricultural uses•othcrwisc cultural buildings or to use Parcel 2 for any . ordinances herrinaftc d by ty; orr ordinances duly adopted the' Cou permitted by ro erty described as_ * -adopted by the County to rcguiate the use of the p P accessory builJinl'.? F rights to'construct or maintain au> such' ordinances Parcel 2, except any forth in any 1'. subject torany regulations or limitations set MIXF MR WR 1 r �.. ! • ' - • r..,jaE'a�{nk�'+'���j?`,�'c�_m��:aius��,:...•-��;,.c:tkaSSoa.t3v�d:14,L��T'�.:A'}...�,..:<.•t.•,.1v.�..:..a....;>:.:s- o-o:ti, r. a. .. ;• ,♦ Y. 2. 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 described in _ -2 insofar as-such-activities atc not incidental to Exhibit "A" as Parcel ,Y establishing any residential use of said area, and are not in conflict with ;the provis.ions of this Grant., 3. This grant of development rights shall not be construed to permit the public to'enter upon the properties described-in Exhibit "A" for any purpose whatsoever. (47 is easeme.,t_-nd._g-rant-of development ri'glits; shall fcrmiriate ands the ri-ght-s=gra'n'fed-t-o•-t-he�Coun-ty=herein=sh:�1'1 revert t.u,G.rant.o-r_(s) `upon the oc.cu.r_r-encc ofany of the following events: a a—T-he.p-r-ope-r-ty,i .,rezonId,to-ay o .nther zone_: or r • )� Atleast 4ten (-r0�)=years has elapscif-from date of reco'rda'tion,-a-nd the�Com�missi,onxf_ind �cirtumstanccs.�r_c.ga-rd.i_ns� .a-i-d-p-r-opar_ty and r •oto hey' r-o.p:c'T-� es myfshe-arca=have changed sufficiently to"'recor�sid'e` theraes-tri'ct-ion. r 1.t S. Grantor(s) agree(s) that this document may be recorded in the Butte County Recorder's Office: } ) has (have) caused these presents to IN WITNESS WHEREOF, The Grantor(sm sand year first above 'written be executed as of the day. r, ` . '.r r � •' /�Q+,�,o Ld,t.E.r-�� cQ�./.iQhJ i _rC I)onis 1ivcrett Ol rKat rine Ehverett + IlJlr� Il own Evv,?ctt vd �C s �_ •_�rf r=' • unson Bernard I:vcrctt, tix _�,-.r.<_ .Y) C'��'2f' GRANI*OR(s) \ 'ATTACH 'NOTARY PUBLIC VERIFICA•rlON S', A . FE OFrALIFO* VIA this ..6� .............. day of ........ ............ in the year onc thou.sand nm, hundred and :�::z...betggre .................. J! a Notary Public, State of California. duty commissioned and . sworn. personallyI nX........... ............................................. ...................................... : ......... ................. ..................... . ......... haglscom�me to be the person..... whose name subscribed to the within trumen t and acknowledged to me It.al .....he..... executed the some. '�',Ff have hereunto set my hand ande.ffixed My RAJNEo 'FO Al)SA 1.[F'r : D IN 147TNESS WIIERZ , -ASAGRANDE C ictal sea in the .............. CALIFORNIA0 ............ County of Oi�4y PVtA.1C. the day a,ld Year UN Runt COUNTY this certificate first Men. MI co V". S. .9, V-08 we m ra.expires APR S. INS Notary Pu r, ar'. My commission expires ........ . . ........................ ........ Cowdcty's Form No. 31- Acknowicittrntnt - General (C C. Sec. 119021 STATE OF 6M-4P&ft-W*'11 On this 1�__do v of in the year one thousand ton., as. hundred and before Mr. COUNTY 4 Notary Public State of California. duly commissiuncd aid sivorn, prmonatir ............. appeared I ........... .................................................................................... .............................. knnu,n to me to be the persr,r ..... w -hoc name .... subscribed Ic the w'(hin • instrument and acknowledged to me that ...Che..... executed the same. IN 117TNESS 14111ERFOF I 1`00C hereunto set my hand and affixed my official seat in day and year in this certificate first ob 1 w Nit Notary Stair u Califnrnia ires C 0— MY commissionexp c—&,y', 1:-. STATE OP CAUPORNIA __.j. the yr., 0. blwt Nagar, fo�bit. ;,.if I C.1ilo—la, duly to­L'rio"rd .d '"ca, prri.0ally orp'a"d ........... . ...... .......... k.ow,, 10 -a 10 be I the willow lwtfralwt=l W ..... ,he. b.4.9 by b%# disly IwOr- County .1 it, rd bad said: ...... Start ........... ._L>`......:1_. --_!^i......1_..._....._ .... . . ..... . ............................ . . �d &a f,emled the .,d (Prr,oraolly kw 10_11C . ....... .. to be the tWlu`aL--de"cr'b*d '", he aaae.. hog the raid -or m4lhi. ;"I—pd rig., ool. ..d deli, . 'FICIAL S ------ I.Lj-.L t*..-; !14P SC0FlE1LD,,6K1NG Pulguc A rd ;gs the swr,mcl of CALIFC60" bill ocknotad'do G,....// toucRACo31AGOWsye said C_ "o. 11. 1087 _"erbeed the J�f 0.4 th c- Gp;m. o;J offi,,aal th--p—, of tqwjt of ........ fhrro� IN WITNESS WHEREOF I Adn,,Anrr"to all wy A—d o -d y .......... A, day V -d Year 1" thrl of 1�10 above willow. ) regal so. 40eu C_ "'ic— A— ises."Mr. —I.. 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Of ON ~ LANDER- d ?c 6rLY/NO WO)E?LINE 708E NOTE: NOME4/TE 6fYv?,1007/ON LbVEN4NT Wd5Ef6ERYE0 /NOEEOf .Oq me dPP?OVEO BY 9UT7E COUNTY 904.00 OF '7ENEF/T OV• PO?C!L /. / S11PE?W00.05 ON M4RYN ?O, 1984. \ / SL/QUEY6/PSCE?T1F/CATf �CCA,'T� f345/5 CF HEA?/A,'GZ TNECENrE?[/HEV, F, STN/LL 9[140. IAI ere,1MENTf fNOWN HEREON 4?! Of 7LE 1W0A1&rAWWCreV T4rEN di A171 -49'53-W 9E7)YEEN ONO OIR;UPY 7NE .v10f/T/ONS /NR1!47-0. TNCMONU ocea. MONUMENT* /NO/C4TE/J PE? OQE 6Ufi/C/ENr M ENO,9LE TNF fL/RYFY 70 RE RET?dCE?. 'LTTE CO. OeWr OffY/9L/C w0w*W ON'6 a-/397, •iN. P. LOC47/04/ w4, - A, r9 L EGEA/D - SET //P".0,190?, L 54109 • - MONUMFNT FOUND d5 /NO/CdTEO 0- Po1A1ra6TE?M/NE/70NLY (M) - A/FdSL/?EO (RJ - W/Tre CO. /V/,T. OL PU9C/CwOq.KS O?4W1A1& E -/39P (C) - COC C&/ 14 TEO (a) _ B3 MdPf88 PAROL MAP 4 /)0/77/0/Y0,FT,(/f 5-114 CFTLUf 5,11/4 CFSEC. X,, T/9A; 174,1, M./>,M. AV71JEU,(UA'W?1W"AF1> ,4/7-,4 6-41177- COUNTY, COLI-. F6/7,e47j ,?1A1F iaQSEA1, -7/11 N07E: 7NE WV1V"dUO/TOR*CERT/f/COTE ONO THE CLERr /X10.00 Oi SUPfrYhA0r5 Ctrl/f/COT�ORF 9E/M: fOACY/RF/WT[Y RECOROEO /N 7LEOf TNf /J (QTE Id/NTY RKOrOER UNDER NOTE: ANCA F DAVIT OF OWNERSiHIP IS BE8V0 CONCURRENTLY RECORDED IN TH&QFF%$Lj E 8UTTE COUNTY RECORDER UNDER SERIAL NUMBER SURVEYORS CERTIFICATE �h? THIS MAP WAS PREPARED BY ME OR UNDER MY OI 0. i6 � COUNTY SURVEYORS CERTIFICATE THIS MA CONFORMS WITH THE REOUIREMEMS -FTTHHE SUODMSION R5RDER CERTIFICATE FILE FILED DAY OF 180 �.AT B.'OO�.M. HO� BASED UPON AFIELD SURVEY IN CONFORMANCE WITH THE 0' . �7.. `LHE MAACT AND LOCAL ORDINANCE. DATED: 4PS/CN IN BOOK OF MAPS AT GE_f5qT THE REQUEST OF ENGINEERING THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE REOUE&✓ OF relN/r/NE LOriLN ON OCr. N 198 11tii�B�',,�T,ATE THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TOTE APPROVES OA. /�,f, Tom® —�L+-✓143- SERIAL COC.V)r T SURVEYING . ■ PLANNING L em CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY. irk_ t:% E/Olti 46 R-0 BY(O•h� OROVALECALIFORNIA 86M Su2o0B NN ?. 1N4/frOF AVON if 410 OC1/Nb'f1riN1Y 011.014EYOR pEPyiY /sw-Bj ❑ LAND USE ELEMENT ❑ the planning area: ❑ Residential development at relatively higher densities (High, Medium and Low, R-3, R-2, R-1 zones) should be -emphasized and encouraged in the area south of Oroville between Oroville and Palermo adjacent to the community's planned industrial district, and. ❑ Urban development in this area should be coordinated with the simultaneous provision of east -west collectors (e.g. V-6, Ophir Road; as major thoroughfares). Planning in the area should recognize the need for road improvements to increase the carrying capacity of Lincoln Boulevard. An area west of State Route 70 south of the intersection of Pacific Heights'Road (northern section) is designated Commercial on, the Plan Map.. Because. State. Route 70 is designated and managed as a controlled access highway these properties can not be developed without alternative access. To fully realize the commercial potential of these properties without disrupting the safety -and capacity of State Route 70, a frontage road, single central ingress- egress point and turn' lanes are needed. The policy below is applicable to this portion of the planning area: ❑ Commercial zoning for the west side of State Route 70 in, the area described above shall be contingent upon the approval of a plan for the development and financing of a frontage road, single central ingress -egress point and turn lanes. Acceptable methods for this purpose shall include but not be limited to specific plans, planned unit development zoning or area wide development agreements. The AR -MH -21/2 acre zoning shall be applied as a holding zone until such time as the plan is approved. See Figure LU -2 (Oroville Urban Reserve) Chico Area Land Use Plan (adopted March 18, 1990) The -Highway 32 corridor provides both opportunities and constraints to development of frontage properties. Approximately 50 acres now in orchard are slated for commercial development. In order to implement the General Plan's goals and policies regarding orderly growth and circulation, the following policies apply to development proposals. ❑ All properties on the northeast side of Highway 32 between Lindo Channel and 660 ft. north of East Eighth shall be managed as an urban reserve. ❑ BUTTE COUNTY GENERAL PLAN ❑ ADOPTED BY RESOLUTION 79-222 ❑ October 30, 1979 ❑ LUE - 88 ❑ LAND USE ELEMENT O POLICIES APPLICABLE TO SPECIFIC PLANNING AREAS Butte County is physically, environmentally, socially and economically diverse. Because of this diversity, land use policy developed on a county -wide basis may not adequately address issues unique to different parts of the County; a fact recognized by the adoption of planning areas and their. respective "area land use plans" which together with the County -wide Elements collectively comprise Butte County's General Plan. The policies described below address specific concerns,of the identified planning area. These policies supplement and collaborate on the general county -wide policies of the Butte County General Plan for each planning area listed below: Oroville Area Land Use Plan (adopted March 29, 1984) - Approximately 2000+ acres south and east of Wyman Ravine are designated Low Density Residential.. Development to the densities anticipated in the Plan can only be achieved by the extension of sewer and water services to this area. In addition, downstream flood hazards, drainage and circulation need to be addressed before Low Density Residential development takes place. To preserve the Low Density residential option, and to coordinate the County's policies with the provision of services and circulation, the policies below are applicable to this area: ❑ This area shall be managed as an "Urban Reserve," permitting rural residential development and uses on parcels of not less than ten acres; and ❑ Plans for the extension of sewers, water, circulation and means to control downstream flooding shall be developed before development and uses on parcels of less than ten acres are permitted. Drainage problems and downstream flooding affect the Wyman Ravine and Ruddy Creek (Thermalito) watersheds. Development restraint such as described in policy 1 above, will only partially offset these problems in the Wyman Ravine watershed and have no effect in the Thermalito area. To address this problem and advance the development objectives reflected in the Butte County Housing Element, the policy described below shall be applicable in the Wyman Ravine and Thermalito drainage: ❑ Development in the Wyman Ravine watershed and Thermalito basin which significantly increase runoff from pre -development levels shall be required to annex to (or from) the appropriate district formed for drainage.or retain,the increased runoff on site using appropriate techniques. Virtually all land uses east of the City of Oroville are dependent on the Olive Highway (SR - 162) arterial for circulation to and through the planning area. Traffic forecasts indicate that congestion will become extreme as development proceeds east. To reduce both congestion and total vehicle miles traveled (VMT) the following policies are applicable in ❑ BUTTE COUNTY GENERAL PLAN ❑ ADOPTED BY RESOLUTION 79-222 ❑ October 30, 1979 ❑ LUE - 86 . USE PE IT"'' Page 1 o£ 2 l BUTTE COUN'ry PLANNING COMMISSION February 6, 1984 DATE I (Registered mail receipt) 84-18 PERMIT NO. AP 36-22-181 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Mrs. Paul Larsen is hereby granted a Use Permit NAME in accordance with application filed: _ ll/.1_7/83 toxiftxL segregate a l+ acre homes.ite from an .olive date o�rd located on the west side of Foothill Boulevard. 2000 feet 'north .'of _-Low ey_INYan-d2tte__ - Oroville. 1. Failure to comply with the conditions specifies herein as the basis for approval of appli- cation an.d issuance of Permit, constitutes cause for the revocation of said permit in acror- dance with the procedures set forth in the Butte County Zoning Enabling Ordinance. 2 Unless otherwise provided for in a condition to a use permit, all conditions must be com plete.d by the permittee within 12 months of the delivery of the countersigned permit. to the permittee. 3. if any use for which"a+ use permit has been granted is not established within one year. of the date of receipt of the countersigned permit by the permittee, the permit shall become null and void and reapplication shall be required to establish the use. SPECIAL CONDITIONS: 1. Parcels .shall .be created pursuant to the.requixements.of the State Subdivision Map Act and Chapter, 20 of the Butte County Code. 2. Prior to the division .being effective. the owner(s) of the property .inclu.ded in the approved development plan shall execute and cause to be recorded in the office of the Recorder. of Butte County a restriction binding upon the Original owners and their. heirs, successors and. assigns which disallows additional dwellings from being located on the property until either of the following'conditions occur: a. The property is -rezoned to any other zone; or. I hereby. declare under penalty of perjury. that I have read the foregoing conditions, that t. _, re in fact the conditions which were imposed upon the granting of this use permit, and t agree to abide fully by said conditions. Dated:— icant NOTE: Issuance of this Use Permi S not wal quirement of obtaining Building and Health Department s before starting cotN uction, nor does it waive any other require P.. CC:. Health D Lment 6 rtment of Public Works (2) .1= Fire Department Chairman of Planning Commission �' t Page 2 of. 2 USE PERMIT I lis sUITTE COUNTY PLANNING COMMISSIOIU February 6, 1984 DATE (Registered mail receipt) o •. 84-18 Y d!. r;: a PERMIT NO. (ct 4 AP 36-22-181 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Mrs. Paul. Larsen is hereby granted -..a Use Permit NAME in accordance with application filed: 11/17.%83 to Ate,,, seg.reg.ate a .1+ acre homesite from an .olive date) orchard loca�ted on ,t e west side of Foothill.Boulevard, 2000 feet north of Lower Wyandotte, Oroville. 1• Failure to comply with the conditions specifies herein as the basis for approval. of appli- cation am issuance of °ermit, constitutes cause for the revocation of said permit in accor- dance with the procedures set forth in the Butte County Zoning Enabling Ordinance. 2 Unless otherwise provided for in a condition to a use permit; all conditions must. be com- pleted by the permittee within i 2 months of the delivery of the countersigned permit to the permittee: 3. If any use for which --a use permit has been granted is not established within one year of the date of receipt of the countersigned permit by the permittee, the permit shall become null. and void and reapplication shall be required to establish the use. SPECIAL CONDITIONS: b. At least ten (10) yearshas. elapsed. from the da.te of recordation'., and the Commission finds circumstances regarding said property, and other properties in .the area have changed sufficiently to reconsider the restriction. 3. Applicant must also comply with all other applicable State and local statues, ordinances, and regulations. I hereby elecIare-under-penalty of perjury that I have read the foregoing conditions, that they are in fact the conditions which were imposed upon the granting ot this use permit, and that I agree to abide fully by said conditions. Dated: 0 l icant NOTE: Issuance of this Use Permit does not xvaive requirement of obtaining Building and Health Capartinent permits before starting construction, nor does .it waive any other requirements. CC: Health Department Department of Public Oorks (2) Fire Depairtment Chairman of Planning commission i -�' - LAND OF NATURAL WEALTH AND BEAUTY 'PLANNING. COMMISSION 7 COUNTY.CENTER DRIVE - ORO VILLE, CALIFORNIA 95965 "PHONE: 534-4601 CERTIFIED MA TL February 6. 1984 Mrs. .Pau.1 Larsen 19 Olid Millstone Lane Lafayette, CA 955.49 RE: Use.Permit AP 36-22-.181 Dear Mrs. Larsen: Enclosed is.your validated Use Permit No. 84-18 to segregate. a l+ acre homesit'e' from an olive orchard.locat.ed on.the west side of Foothill Boulevard, 2000 feet'north of Lower Wyandotte, Gr.oville.. Should you have any.questions, please feel .free to contact this office: Sincerely, /.AA.X rchex Director. of Planning BAK:lkt Enc.. cc /Dept. of Public Works. (2) Environmental Health Dept. of Forestry USE PERMIT c) BUTTE COUNTY PLANNING COMMISSION �"0 ������ �� s k. "' DATE (Registered mail receipt) • PERMIT NO. • 21, ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: is hereby granted a Use Permit NAME in accordance with application filed: ��' 9.- `y to'alfdvir date (�,�� i i�,3'� e ."��(:77'l�R� _�v(I� � ��,"'C)r n S`'i',� (;>� F•'""i'' Pi�;'n`,,.;G'1`u �;, . Failure to comply with the conditions specifies herein as the basis for approval of appli- cation and issuance of Permit, constitutes cause for the revocation of said permit in accor- dance with the procedures set forth in the Butte County Zoning Enabling Ordinance. 2. Unless otherwise provided for in a condition to a use permit, all conditions must be com- pleted by the permittee within 12 months of the delivery of the countersigned permit to the permittee. 3. If any use for which a use permit has been granted is not established within one year of the date of receipt of the countersigned permit by the permittee, the permit shall become null and void and reapplication shall be required to establish the use. SPECIAL CONDITIONS: ( ll'�' nF.e,C' s< 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-1,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. CC: Health Department Department of Public Works (2) Fire Department Chairman of Planning Commission BUTTE COUNTY PLANNING COMMISSION USE PERMIT Fobrunry 6, DATE (Registered mail receipt)' PERMIT NO. ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: 1• Failure to comply with the conditions specifies herein as the basis for approval of appli- cation and issuance of Permit, constitutes cause for the revocation of said permit in accor- dance with the procedures set forth in the Butte County Zoning Enabling Ordinance. 2. Unless otherwise provided for in a condition to a use permit, all conditions must be com- pleted by the permittee within 12 months of the delivery of the countersigned permit to the permittee. 3. If any use for which a use permit has been granted is not established within one year of the date of receipt of the countersigned permit by the permittee, the permit shall become null and void and reapplication shall be required to establish the use. SPECIAL CONDITIONS: Ty, 1, L11,0' sir .:.0 C_ 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. CC: Health Department Department of Public Works (2) Fire Department Chairman of Planning Commission is hereby granted a Use Permit NAME in accordance with application filed:to ` ' � '00 allow C11 �uc date) Csc>'0V 0s O 1• Failure to comply with the conditions specifies herein as the basis for approval of appli- cation and issuance of Permit, constitutes cause for the revocation of said permit in accor- dance with the procedures set forth in the Butte County Zoning Enabling Ordinance. 2. Unless otherwise provided for in a condition to a use permit, all conditions must be com- pleted by the permittee within 12 months of the delivery of the countersigned permit to the permittee. 3. If any use for which a use permit has been granted is not established within one year of the date of receipt of the countersigned permit by the permittee, the permit shall become null and void and reapplication shall be required to establish the use. SPECIAL CONDITIONS: Ty, 1, L11,0' sir .:.0 C_ 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. CC: Health Department Department of Public Works (2) Fire Department Chairman of Planning Commission