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Home My WebLink About81-53 AG USES IN A-20 ZONE REPORTw �;.' L� M1144SIAN11MINASIAN, MINASIAN, SPRUANCE & BAF3SR ."+ ATTOONEYS At LAW P. JACKsgN rINMt61AN Ie96 g1RC+1sYRBic'C As cAK itntisr DAV IoHANKINS_MINAI;IAN ° `p; o, adx 6909 TAtLR6+itC►NIC'gaa•3004 �` PAUI.FIY,AN MINAS AN ARarA _100K,,61411 ,WILLIAM K SPNUAllde - CmdVILL,H, dALIFOOIdIA� 990016, ; 6YIL:. AM MA199LN, I{I I RKa•LVilk R�8, _ez t yp. � _...� .. ., - "'� "November- 21 � i990 .1ltMfRIEY A. Lilsl7H _ l v 1 " Director of `Manning ' 'Butte County Planning Cammissioi rtl :.: Gaunty Center D:iVe �Oroville, California,i5965 Ise; Request for Confirmation, that Facila:taes d fox Warehousing and Distribution of Agricultural; "Chetnidals and: f'ertliaers Consistent With Def .inztion of Agricultural �, 1 Use in a-20 Zone. y Dear !Rs. B1air'a j ryf�{a Pursuant to our,donve�;sation of Obtobek 49th; 1980r this letter is to reguest,Jthat the Planning Commission c� consider a request froth cur client, C.. Wi31.liam John"son, that { the usage propo"sed to b�"made of a portion of ' property oWned „ r „by him teforred to on 'the attached Exhibit, can be made' Cori sisten I—gith the allowed Uses within the A_-20, zone in requested �x which the 1& .nThe specific dlarification is that a'ag:riaultural chemical. and °:fertilizer storage aha 6ia '-,� distribution "facility is encompassed Ley the term ricultur4;" -in the Zonrg ordinance. The background"facts are theses:; � Y Mr. Johnson is a farmer operating in autte, Glenn ahs ' Colusa Countiesproducing rice, almonds and other agricultural commodities: As -Mr. Johnson has expanded his operations and his production, it has become necessary to have a central distribution point which he can use for the storage and distrii�utic of fertilizers and other agricultural,chetiti- Cols, including pesticides which might be used on any one o his ranches. Obviously, horn a:d,, logistidal aneconomic LS it malces senseto have such a strupture� located in an area where, it would be reasonably dlo..eL to his agri , cultural operations. This is not only convenient for the rower, but it also avoids the unnecessary and Lzverse rt effeci:a of having heavy equipment moving from distribution po nts in Chico out the properties to.be treated. ' , �NOV Z 41 �� 4h Oettye„Blair 1pVem%er,: 1980 ti� _ { Page -2- nc idental Chemical Corporation',''hereafter referred to as (�yChem, has , e�tpresssd pan interest. Lo fir ' Johnson that ,dt an g y facilities he ddhdtructs, bo aonstrt ,d ,Ii ge enou' h so that Cixyi.;ie . can also use sdch. facility, as a aantral warehousing . facility which i t, can =use for the storage; and: "'di�tribt$ti�n � �s of agricultt ral chem'loals and ,, fertilizers for 'Mr. Johnson and other landowners within t6 area. As you know, at his'r. , z. time ORyChem's facilities axe 1ocatda north of, Chi 6btt '414hway 99� with another facility ibcated in downtown b4 at at `''the corner of Fifth and Cedar and- a warehouse `facility $,n Durham. F"rorn the standpoiJjt nt of .access ,'to` the �iCultlU al lands' whereo'rr:tho products are served, it clear gy.makes the x .-- moet sense for 'nxyChem to mode facilities out �, Ato the urban area, particularly to permit the closing of,tierstorage and v distribution areas in Chico and''=Durham. 2 should also .acid that Mr” O.chhqon currently intends and ;pi's. proceeding, With plans to plant the rest ofthe acreage in .this area to ` almonds so that essentially the facilities will„b- but, One part of a:much larger almond lorchard;' As you sknow, the definition of "agricultural'! ,in ;Lne s Comprehensivo Zoning Ordinance is strict but in our view covers the situation which is' presented here. That-de, i xto n i r' provides as `'follows: ;r "Agriculture: The use of land for agricultural ^p,? purposes, including farming., dairying, pasturagC, x' agriculture, horticuli:ure; floriculture,, viticulture, apiaries and animal and ,poultry, husbandry and the necessary ,accessory uses; r�� provided, howevet, that the operation of Ahx such accessory uses shall be seconder y to that.of the normal agricultural activities. As” used in this definition ''accessory.y Use means those, supply, .,service,, storage and. process'inq areas and facilities for ran oi:fier agricultural lan . The above uses shall Include trot storokyards, slaughterhouses, hog r{ farms, fertilizer works or plants for the reduction of animal matter."; it is clear, that ,if Mr., ao nson was constructing the facilities strictlyfor hiitf own use, there would be no " do bt that the construct'iori of facilities necessary for the Storage' of agricultural commodities such as g g , pesticides ��and , i/ fextil`zers, would be permitted. The question arises in this case due to the fact that Mr. Johnson also intends to enter; `+ W UI 419 �. Orov,� Cmli4o��b. r;i. r; NoV'einbec 21 19 0 ` page -3w into an Agreement With Occidental. Chemical by w�bich that faciliti eg for khe warr;hO-usiz"Ig 'sea ' company " can also . rise the distribution of its products. s~ Let ane you that 'Ocoidencay',. and .,assure', Job'fison,, in no Way- intend ` that this Iaci,l ty w�illl be utilixod . as �a rsm II seals ,r� a3�� outlet for the over tilkb eoUn,4er sale f? "home an' back�rard 6hemicals, fertilizers a�4d pesticic ss rr In ,fact, ppzdental Chemical is 'moving away' from- that particular ? ],ins of retail .uorlt and '�? is intended, that this facility s. would be used for the warehousing, suppl"X and storage, a r - F. large quant%ties fox distribution tq growers, within the nr . area, in£ac. 55% of ",OuyChean sales are made in thy:; field, In ppinion, the' definition of not over the: counter. our "agricultuial usage" is fully consistent with 'the intent of Mr Johu'son and OxyChOm for the, use of these e facil toes,' ` based on the following points: F, ' .risit, kith; an 1.. It is logical;, and we believe ccsten t that facilities far agricultu"ral usage to insure the storage, u sale and distribution bf large volumes of, agricultural l products -and materials should be out in the areas where 'f ' those apt terials are rgoi'ng tra "be used. Vh� s is true not only of pesticides which' are dis,::ribu ted tancle,r a permit system to` {j the farmers, but also othei; agricultutal, chemicals such. as fertil9;zers. Froth sof these'`t.types of materials wlea°r1�' iry; require special handling. 2. Fromenvironmgntalf�standpoi.nt, we believe it 1s ,.an more. desirable to have these fadilities out in 'the agricultural �p areae rather than closer to the urban area, since the. predominant means of distribution JS, ).)YL truck, and in our view!, it is desirable' to move this type 6:1tiruck traffic out area and into the country where the ,. of the heavily urbanized products are being used. 3 This facility will be used for the supplying, storage and,distributon of agricultural products not-,4nlyi.` agricixl;�u�ah � .for Mr., Johatson's and but also forneighboring lands, And erefore,: it is consistent with the tem' "'accessory „' .�� use" Within the ;meaning of the "Zoning Ordinar►ce" ., In view of OxyChem's own plans to minimize the retail tale and distribution of small quantities oil its , { " products, it iG obvious that this facility will only be used for warehousing and distributidn, and therefore, the congestion and tr,fi:ic assotiatea with more commercialized activities 1 not be present.. rr A Be, ttye Blain November21, 19 8 0,. Page'-: +1 We donot believe that. the warehousing; and distribution- of large Volumes of a* ricul.tural cheanical's andproduete. is analogotta> to a situation where arV agricultural equipment dealer would like; to MbVe his operations ":into`this. area. .: auoh agricultural."equipment dealers do not.reguire the>ame, immsdiate access to the agricultural 'areas. served as .doer ,a distributor o£ fert`ili;zers, and tither agricixltitrZ] rsiemicsls irieZuding pesriaides. Moreover, we are ,deaZin with ma - ria`i's which; due",to their nature, are ,more appropriately stored d�s:tributed in rural areas r;ather'than around urP3an areas., We dd bel:ievP.'that this t'Ype of operation is more analogous ,the si.tuatlon where an indiv� dual fazrcier or „ operaton establishes a hulling or fiod processing >p] ant 'f't�r his own. use,, as well as for the use of other�'farmer-s► and : Provides such facilities to them on a rental Lasis . ObViousIy, these tapes"oi uses „ ;? ,.. are common and permitted in agultural:' sones Mr. Johnson has "OxyChern's assurance that it wiLl conduct its o;erations in such a manner that they will be c consistent w:Lth.the predominant agricixltural usage.within the area Mr. Johnson, as a lo;al resident and farmer within this area, certainly does not intend to.;needlessly use or alter the predominant agricultural aspect of this area, and, it it his opinion, as well as ciur own, that the 4..1 usage requester is consistent with and compatible{rwth "the agricultural operations conduvtecl in the Chico-Dayton area.,, 7. li. is our opinion that the combination of the individual farmer's operations with a large volume di.strbudt�.c5n' operation also makes sense from an environmental and economiraal staridpoint in"view of the fact that it will reduce ;or 1 r eliminate the necessity for,individual £ariners to p7 an their awn large storage. structures for these products in view of the availability of a structure which can serve severl, a areas in the immediate .'vicinity.' riot only £coin the `'atan;dpoin .of reducing the amount of building required; but also froze theOtandpoint of ;reducing truck'traffic"and other duel ' consumption iiri the area, it is our opiniah, that this • kacility will be advantageous in Maintai,ning an open agricultural,`. area !F Please advise me as to the date when the Planning F Commisssion Will"hear this matter. It is our intention to have Mru`Johnson, its well as Mr. Duncan piston of OxyChem, and myself, present to answor any questions that the Planning Commission might have on this mafiter, &ft Co; Who 140V 2 4 1980` B`TIIati�"1� I'I,ANIl1yGh Ct3M}�TS ON V � Xd--"' � leu+«�,.i....A``TNY[[ndl•^,Yd'1hRCgY,.=.:Ia!KL'Y" •v.'tw t4T'�Y7171 Jy1 ►�'q�.k{��r !r �' � f,l; �} ' 4 �(,.i A�yl 11 A16_►7.'YnKjv N - AGRICULTURALUS$$ TNA._ 20 =08 ,,. r 81-4.1, S� N. c G , ` Ms`s.'' glair called attention to a. letter from Minasian,Minasian.- va J+' A 111asla�n, Spruance 4 Baber signed by Jeffery A. Meit}i-`�.5pies of tirh had been: furnished the. Commissioriers-rrequestir�g conf.irmition ,thatn fac'ilit'ies far, warehousing and dA stribution' of algricuitural chemicalq `and'feetilizers is oonsistent with the definition of agracuitiura�l uses it the A- 20 zone. She added •th'at Deputy CounscY's comments had not been favorab, ,e: After. expressions of concern by the commissioners concerning. ''opeaxing " r`4 "the door' to, other ,similar commercial uses"; motion was made by Cam- �. ,� miss'ione:x Ber►;.ett; seconded by Commissioner Max, to seek & written opinion 'from ;bounsei regarding this question. Ak'F;S: ComraisS overs Bennett, Max;` Lambert, `Wheel;er an& Cha'a'r,man r Gilbert's « M , NO)ig No one A ABSENT: N0'one... _ +` o Motion carried. ; t y i commented e d furni h Counsel with a co .e Jeffery Ike th., c' that h �,�oul copy' '! � the Letter, adding that he had discussed the matter briefly "with counsei but" did not gime hini the full text, ' u ':w+v�tltlWt Y.''.w_ M:... .. I<.. ... .R: i . ..•.. r,� .�'•F �Y 5".., w.. (..wGi 1�y `I NYXIM.':Li7T! x�+ TV r y r - • M..wW Ifi�iL'�ii.�e�G�wi �,'iafbSY.!t�� v, �..�r+a��.�,�.�....r.'.r+!.�.tir++�..a.�•��+w�a�..«, �01,1 Oil � F14 Kid, 9ffi�{� MNtl�141W��Md if4 c6unt,y zdunsel `�f�PRC�A1 Bt� e � a'ir, .l�iredtot of Pl;anining bA4 : _ 13ec,embcr� S, JN0 l , •v ha�*P aneai ig 'Commsss arii;, 's.t their 'ineeeting",ort DI ei bar 3, 48Q'q ; �cbquested youx opinion,,�regarding `the. definit`ian of:Agrxcu.�tu�ca��f I ad cosdctian% Z4.21 and the requested nse by Mf nasi,an, M1na�isre, tt Nanasieri'sp, uance F, Uber ;(8ee a ttached,+iotte�r�.. Your ear' 'iest cons34eratian would be appreaidt ' d. c BB/hd Attach. a « n , Cn jj ' e e e 4 IJ 4 ';t'-