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87-28B REZONES PLANNING 1 OF 2
a L05#87* 01-29-0 RQ.TEC`3 SUMMARY f SZE�T 87-28A 4. File.:0. Butte County Planning C oIImissi on applicant representative. ADDRESS: 7` County:. Center Drive _Oroville- CA, 95965 PHO1T: _ 538-76-01:- Various . _ property owner ADDRESS'--, PRfl►J�GT- DESGR�PTION- General Plan Amendment to Commercial, Industrial, Agricultural -Residential, Orchard & Field Crops,, Grazing & Open Land, Public OM grope=tq zoned Ur A -5r located, south oL Oroville, east of the Feather Ri..ver. north A--1-0, A- Q` south O of floncut Creek anci. west of identified: 4SAP Various town/area: Oroville area a °ermo? Yoncut Hwy., - i.g— es1;r cmmercza cII�ENAL PLAN DESIGNATION- Orchard & Field Crops'-, Grazing: & Open Land, PRH APP FEE PAID: $: _ RECr�. NUMBER:' APPLICATIO'i ACCEPTED; , Pte — -- FINAL APP- PAID:,- .; RECEIPT NUMBER6! REZONING' PETITION' Slt�s 17URES CHECKED PERCENTAGE: 7. HAIIiNG LIST PREPARED MAIL-OUi NOTICES WRIrnX r � NOTICES HAILED' N.nNwER� . 1 ! LEGAL DESCRIPTION PREPARED PUBLICATION' NOTICE; WRITTEN' + DISPLAY AD PREPARE. :X4SPAPER. PUBLIC&I-ION 0: C P G` B R DATE OF PUBLICATION: INITIAL.' STUDY- 5REPARED; ENVIRON IENTAL DETEP14MATION: Categorical Exemption FILED: Negative Declaration FILr"flt Mitigated Negative Declaration FILED3 - Environmental Impact Report CERTIFIED: Other-.< STATE- CLEARINGHOUSH NUMBER: 9,50-7Z6(91 APPLICANTJREPRESE TATrM NOTIFICATION-OF:ENVIROWMiTAL DETERMINATION - PLANNING WOUSSION HEARiNG(s}w f F,. , 3 EOARD' Of' SUPEd S ' G, z RESOLUTION NUMBER IGPAs)' __` ADOPTED: ORDINANCE NUMBER- panct-6, OF DMTMiNATION (Appendix H) FILED ryry Butte County Planning Commission proposed Negative Declaration regardln,g environmental Impact and General Plan Amendment from Commercial to Agricultura'I-Residential and Orchard — and Field Crops to Commercial, IndustrI'aI, AgrIcuI`tUraI-Res1demi::IaI and Orchard and Field Crops, Grazing and Open Land and Public-, Rezone from "U", C--2 , M-2,, AR-1, A-5, and A-10 to P-Q, R_-C, C-1, M-i, lin-2, AR-I, AR-MH- I, AR-MH-2.5, A-5, 10, 40 and 160, for property located from north of Palermo Road, south of the County boundary, and -from the Feather River to Palermo-Honcut Road and Including - the tovrns I to of Honcut . (F i I e 87-28 A & B) (Continued Open from July 27, 1989) Staff subm1 tted a memo dated II/l/89. Staff said the animal ordinance revision goes before the. Board of Supervisors on Novembee 21, 1989. The Energy Resource Element EIR *111 be sent to the State Clearinghouse in December. The hearing was opened to the public: Beaty Vasser again requested lndividuai notices to the property owners Whose property Is being rezoned. She again requested the Commission stop the Palermo-Honcut rezoning process. She asked that they develop a model to be used throughout the County When rezoning an area. She, stated she has read the. draft Energy Natural Resource' Element and It has a lot of problems within the; document. She briefly discu'ssetl some of the _prob,Iems with the document, She said the open hearing held 'In Yuba City regarding the two alternative freeway routes through this Cor.lnty Highway 7n and Highway 99 Would have a bearing on this protect= She handed out a portion of a document with tables from Caltrans, She said Route 10 would open up the east side of Butte County to development. She sa.Id there willbe a forml aeecorrfinendat1on In January. She requested the CoMmissloh continue this hearing until after JAhu,aryb ttaff said that there wIiI be a rpUbIIc meet Ihg_In this Board room to discuss the two Routes; Staff said the whole South County 11 be Impacted by Which route Is chosen Staff said bK8 consultants are working on the proposed routes: Staff Commented that even with the bankruptcy Issue, Butte County will stili be here E, W, Mylar was not sure he should be at this hearing, Sta�f f said Mr Mylar was cot cehhed abort tile ah I ma l ordinance on fonWaodfo'i m 1 ntthe ;Staff' to ld Mr. Wide this issue 'Went Board on the h6hd0nf6rming' Issue, and was scheduled at the Board for hearings on November 2I, 1989: Staff wrftrN+wd++tf".MNFN4atMftY''RW YM:M'*ma5t7.Y•at;.5 ..«. "". tt . 'fi' " x a e,r,w wi�i ..N..,.. y C'GIt;TY ,p�,ANN�t�f Ci7�it 5$xt7 'bill U SS Nov emseir 9 �: 9 Buttes County Planning Commisslon Dec)aratloh regardin proposed Ne at.lve Amondmert" 9 environmental Impact and General Plan from Gommerclal to Agrlcui'tural Residential 'and, Orchard and Field Crops to comMercl'a1 Industrial, Agricultural -Residential, 'Orchartl and and Open Land and Public Rezone from UFleld Crops, Graz(ng and A -I0' to P -Q, R -C, C -I C-.2;, M-2, AR -1, A-5 2.5, A-5 M -I, M-2, AR -I, AA-MH-IrAR-MH- Of 40; and I6O, for of Palermo Road, south to the property located from north Feather - GoUnty boundary, and from the River to Palermo-Honcut tOWnsIte of Honcut. Road and including the April 27, 1989) (File 87-R8 A & 8) 1 (ContlnUod open from Staff said the reasons for continuance of this hearing look Into an In depth area ,plan like the one that Was done for the Durham Dayton Nelson 9 Was to 7!19%89 on the area. Staff submitted a memo dated' said the passible cost of such a plan for this area, Y are for base.line t Staff Resource Element, This has not, recelvedmfrom theeon at this time, energy Natural consultant The hearing was Opened to thepub t I G , ,, Chairman Lambert said this hearing would probably ,be continued der to receive ntinued in the data information from the consultant, St aff said they are Gamin this might want to takepthiis Intovconsldea on Commission season and the his Is continued to, h oh When Commissioner Lynch said to ve hato be cont i.nued tavo f ct the cs harvest season this Would late October, 06tty vasser said she would su hport a continuance, 1t Was Moved b Os.troWskl, and carried oscontl�ueL this hearing t ss9 at v ColiiM t ss'l one l �30 p,rn. the fol lowing vote;_ 9 o Novom-ber 14 AYES: by . NOES: Noone Lynch and OstroWskin and Chairman Lamber°t e : A8s8'Nr debes and Matson Comm isgloner s i• P AIj8tA I NEIJ-. No one z Ccmmisslonee Lynch said the Commission shoUid the Anlmai Ordyhance;back from County COU this time have raft of the Resource EIe:mdnt nae! (0 final, form and A d Y COU M.."M1, •'lµ3.+}n +.iJ1.Vr &r, ;�n c , �4 A Ak n 'F•} ern} » •'laR , "S4 r.,n �» y, a44 A"N»', .' .r+u ,y, ..r "N " ro q L},'i,NH'.t9hrn, " k4rt iv.'w taw: • L4iC.it'1jjLY y '� . N d.. r.�1.J.LY �•Y Uh 1��a,xLyFih1.'iwaM'yh µ wl4Hral.ai N. 4 9 Butte County Planning Commission Declgrati-- environmental - proposed Nv ative gimpact and Amendmentonregarding arfromCommercialAgriculturalResidentia,a Pan Orchard and Field Crops to Commercial,Industrial, Agricultural-Residential, Orchard and Field Crops, Grazing and Open Land and Public; Rezone from U, C-2, M-2, AR-1, AR- 5, 10;; to P-Q R-C,C-1, 14-1,M-2, AR-1 AR-MH-1, and 2.5, A-5, 10, 40, and 160, , for property located from north of Palermo Road, south to the County boundary and from the Feather River to Palermo-Honcut Road and including the townsite of Honcut. (File 87-28 A & B) ('Continued open from January 26, 1989), Staff said there have been two meetings with the citizens' to discuss the policies, group p procedures, etc; Staff 'submitted. a position report from the Committee. Chairman Lambert said they have received correspondence from R. Fassio_ and Robert C. Graff (Pacific ,Coast Producers): The hearing was opened to the public: Betty Vassar said the Committee has been meeting iveeltlyShe said that the Committee wanted individual notices sent out. She said the notification should clearly describe what is proposed,' She said the Committee recommends that the Commission stop the Present re2onin g process In,the Palermo Honcut area. She said the Committee was in favor of usingthe preparation of an Area Plan forDurhman-Dayton-Nelsoh and the Committee wanted to ;do the same for the Palermo-HvndUt area.' She said in Area 2, Oak Grove, the Committee supports #1 & #3 for less than 5 acre parcels in the area zoned U to be zoned AR-MH-2 larger es to rned tless. She suggested on parcels of 5 acres and errbe returned their original A zoning zoning, i,e., A-5 A�10' A-20 etc. prior to the ZJ P` g ming' area as In �s that+the Present zoning bee},�ept�until: he D2N area is done for this area: She said they recognize that all of Butte County is Were'opposed to current zoning area plan such in process, She said they recommends a model as usedPr ri.Durham'.. The Committee :. Roy Harrison asked if the rezone is being repaired to conform to the State`s General Plan that was adopted in,19'9'? Staff said in 1979 the county adopted a County wide General Plan. Land Use Element Amendment. At that time there were substantial. changes throvghout the County as well as in this area an General: plan designations, Staff said the effort at this time is in response to the Hoard's direction to the Cofnission to review'the j.!°"jI {an ryga i3 1h5 u#tl•,tko xa. 4'w °ev '--M'. `M-d; acv .� '3w 'i!feNa*!W%liM s.. , mr.> k:ac ;COUNTY PLAI�DtxNG G(�1�SMSS(�N M�N�ITRS �p yl i an- ♦w,vy:.y ryF Ey tliA.L Y� areas that were zoned A-5 and .A-.10 prior to the County adoption law reOf the 1979 General Plan Land Use Elements. Staff said the State � hat every County have a General plan. ery General Plan was adopted by the Board of Sa p isors. The 1979 Mr. Harrison asked if this rezone was being done t down growth?o stop or show parcel. sizes? e asked why they are recommending the larger t said chairman production, acres is no 5 acres used to P no longer a viable size, support ag. Mr. Harrison asked if the recommendation for the larger parcel size had anything to do with the water Koppers? g bein Polluted from Chairman Lambert said no and the recommendation is not to stop. growth in the area _p y gthe publication notice proposing 160 acre zoning was Staff said t on1 a su cation as a starting point to discuss future z0aing,: Staff said this could be changed, Thi discussion. starting point for Mr• Mylar said he feels very strongly on notification of individuals by mail. He said he developed his horses and now he can not use it for horses:. pr°party for Person- is 8 miles -from town the'' He said when a e y do not pay much attention to legal notices in the paper dirt respecially when he lives on a private oad. Harold 061!iett discussed the D2N Environmental preparation of a Master there iassessment. He said in talking about, rezoning s a talk about an increase in traffic. has been no traffic count. He said there isHe Eiiduthat there police and.fire for T what will it cost the County? He discussed the potential income from hew residents. He said the' need to take the D2N process into account. Nick yMonte said in late 1977 the State mandated t Count s General Plan be b that Butte brought c 1979. He said there are man' g arrant. It was adopted in Plan. He agreed with they D2Nteprocedurens to the pzesented byBettyVassar. Nell .find said she lives in Palermo. She questioned p � the economics and ollution. She said she waa at Mcinturf said the mason' for thea meeting where Mr -4 gro pr°posed down tvth arounrezoning is to keep d an`area now being used for a dump site borause �' 4'3,+m*eµoUJ. i'E =�rV v�v�S ���Y�+=',a,',.^',�,+I�Mw!,�ys+: wa �''��''h,*Y+�'t'+R4"�4n5sb,'ik+ur..k•, °1�L�1N�`xNG COMNk�SSx(�� ,MxNC�x�S �,ry y 4 » e v' growth would shut down the dump site and cost people jobs. She said that Mr. McTnturf did not want the south County to develop because of a lack of services. Nick Monte said 5 acres has a residen•Eial value whereas 160 a parcels do not acre Countychairmcan canLambert said the County is concerned Provide services: with whether the.. Mrs. Lind asked why is the south. Count development is too costlyj y the only area where Chairman Lambert said she did not know if that .was true:; Mrs. Lind said there is a pollution factor. Nick y nteshould saidt t PacifiC Coast Producers wants to ex and the County should pit the cost onPacific Coast and 'make them Put a sewer plant. p in Mr: Harrison discussed down zoning of property in the area. submitted a letter. lie Ron Myers, Superintendent With Pacific Coast Producers; said they had a permit since 1974 and are monitored weekl' and e p Y yearly. HeVsaid there is no ollation problem. BettyVassar invited ter. Myers to come out to Coit Lane in the suMitr and smell the pollL:tiori from the du taping from Pacific Coast Producers: She said, there is a pollution problem: Mrs Lind said Pacifics property is zoned M--2; Pacific Coast, came in fort a Use Permit for a dumping ground said fruit waste and an ESR was re re est was e g for ;gaited. She; said the Use _Permit withdrawn and the a a to Y as no for �,-5 zoning which was he Use Permit was no longer needed. pp ` ped and then the Mt, Galliett said that ;PCP has a ma'or dischargeh J problem with peelings and the so�.idsoand wtseewas lie. ec�isaidter a sttoen is used to re ave most of d to irrigate farmland. they nee�iachlsshe� SOW to avoid the pol.l,ution problems. �Ie id Y g atment of the effluent, aid gxee of tre s John Sti lin Forest Rancki- said there was a news r Chico Paper saying the l.Lvestock hea release in the out to be wrong and the ho4ring was ata IM -A0 as : m. � this which turns He left upset. or.w+F>s yy�.}}�y i„�r+v,i•ym,. ,a„�,a,wa 4xvp w+.Y __ Nick Ellena, Chico Enterprise Record, apologized to Mr. stalin !nd the audience saying the error in the paper was his mistake, Mr. Harrison requested thatw hen the recommendation to the Board they make it fCommissmajio tyand mks, for a privileged few. ox the Chairman Lambert suggested continuingthis heating animal issue is not resolved, gbecause the Commissioner Lynch said it was a good suggestion to come up with a D2N type procedure for the area, but this should go forward to the Board because of the financial burden to the County tw doing such a plan._, Staff said they would like to review the recommendation from Mrs. Vassar. Staff said they would like time to recommendations and the possibillook at the ity of an area plan. Chairman Lambert suggested this be continued' and that the asked the Board about an area plan. y Staff said the Board will want to know the cost of an area plan. Commissioner L 1-2 years. ieyou said have as plan is costly and it takes nch noted that an ar citizens committee; y to do an E>R and there is time with Ostrwas Mbtlbd b Tt owski tin.y Commissioner Lynch, seconded by Commissioner to July 139 at to carried to continue this meeting open. , ' x:30 and request ,M tff to investigate time lirishanciacostnafn aeasts environms:nttL 4udy for this area; Mer Commissicr,.n(j �trotvski ;,aid in addition to PCP requesting.: acre parcel , the area, there were t 160 who - so u :steel 1.50 acre parcels�e PettyNe�askedrwowners decision on, . ices and who pays for thein. asked suggested out notices rest �ke Pub1�G �lorks notices, Staff''said this would be a policy direction by the Board j canted individual notir08. �.xlo 01°",i,�aa r if they procedure that is used, ordinance provide for, StTile Board can rdquitb toreithan the sit g5estedbudgetary, that this is a consideratioli aff: a d it s , �ti ossible' to be specific o g Commissioner Lynch sal" P ' P for each w otvn�, ars ar�a�wide rezone► Property ran .lF" �Prtl�A+rte.*�+.waw+xasf.�y«tr.1,9Paiy�ln :� taw dM4 m .1.'..:L7 :nV h Hi , ;"J. 9kP4R:i!':y:,•:.".MseW1Wfk:M:ir u r^•aw*A'K *F+�SgS «l•.XkM. 3 . i3U�' iJN � NTNG COMM SSX X )4.t Sx S • p 7 �, .�, s Butte County Planning Commission - proposed Negative Declaration regarding environmental impact and General Plan' AmeriImen°t from commercial, Agricultural. ` Res eta is :and ' Orchard and Field' Corps to Commercial,, x,ndustral, Agricultural -Residential, Orchard and Field Crops; Grazing and Open Land and Public; Rezone from U, C-2, M-2, AR -1, A-5' & 10, toP-Q, R -C, C-1, M-1, M=2, ;AR -1, AR -MH -1 and 2.5, A- S, 10, 40, and 160, for property located from north of Palermo Road, south to the County boundary, and from the FeatherRiver to Palermo-Honcut Road and including the townsite of Hoacut. (File 87-28 A & B) (Continued open from October 27 1988) Staff reason for the of area said iseincompatible withretheeGenerals Plan. is zoning Staff said the State requires the land have a General Plan: Staff 'said the livestock issue was an important part of this rezone. Staff said the Board instructed staff to work with the citizens committee to redraft the animal ordinande'. Staff said that once this is resolved the Commission could handle this rezone hearing. Staff said they hope to have the animal issue before the Commission in March. Staff suggested the Commission continue this hearing to 'rpril. Staff said than most of the zoning proposed is for a zoning which has no livestock restrictions. Staff said the public, the Commission, and staff need' to work together. Commissioner Lynch asked for clarification if land is in the Williamson Act, what is the minimum zoning allowed? Staff said that under the Orchard designation it is a minimum of 1.0 acres, under Grazing & Open (dry pasture) 160 acres, and under Field Crops (irrigated pasturo., minimum.rice, wheat, etc.) is 40 acres . (commissioner Lynch said the Commission had appointed a sub- committee to do a revision of the animal pint of the cads revision. This sub-dammittee was dissolved to give the dibl:x.en committee an opportunity to come forward with a sugjosted revision, The hearing was opened to the public. Betty vasser, said she was the chairman of the citizens dommittoe, She said there has been a new development and she turned the podium over to Tina Ellis. Irina Eglis said that as a result cif the Board of Supervisors�tteutih y the citizens committee will meet with planning staff on PtidaV at 4:O0 p.m to submit their proposal for animal b6tty VaN,Ov submitted a ;Letter. She was doncerried` that no one from the Pl�,Ah l_,t staff had been assigned to work with lye ,citizens domtir� tt��y y 'Ybtc-y,l`Y'-K'!°tw'9ru3n.e ':.`M p"6+1yq 4;^. +1�J,: Yk AM1Mr {h,;'��, y. x"x#�YI?,�64xaG,"',"' �"tq_xaxa k:'hpu�►oxer+kviaypµA.'rk%tt4.;.#1Ak"',v.: l"Md+nt �" p . � »CbtJNTY PLANNTt4..� �'.ii���1ZSSI:gN %x�tt)TBS Mr. Turpin said that Dave Hironimus has been assigned to work with people to the rezone hearing and Paula Leasure has been assigned the livestock ordinance. Ms. vasser was 4oncerned with so large an area being rezoned, She said the Committee held weekly meetings to discuss the rezone. She said the Land Use Elemelt was over 10 years old and based on surveys that are 18 years old. She said the rezone would take away peoples property values 'i She discussed notifying all of the property owners in the rezone area. She said they need to leave room for growth in the area. She said that most of the 28,00'o acres is marginal ag. landi she recommended that; 1. They seek wide public participation in development of land use policies and proposals and implement this policy in all levels of planning'. 2a Send written notices to all individual property owners affected when a zoning or land'' use issue is being changed. and 3. Halt the currently proposed Palermo Honcut rezone. Chairman Lambert noted that there was a letter received from Darwin Datwyler. Harold Galliett said he looks; at this .problem like an engineer. He discussed using water front bhe Feather River to irrigate. He discussed setting up an irrigation district in the area from Highway 10 to the r-iver. He discussed freedom of people to I divide `their property. He was against the A-160 zoning. Neil Forman, property owner in Honcuit, wanted to know why the livestock was going to be considered, before the rezone; He wanted to know if the County was thinking of future growth in , Honcut°or tyre they trying to stagnate growth, Re said it should be C•,l C-2, and residential from the City Limit Sign of Honcut to the east and west. He said that way if someone wanted to start a business they could He did riot understand the zone being 1.,roposed Staff said a zone must 'be applied to a certain area and be compatible with the General. plan. Staff said that State law requires zoning Eu be ,iii compliance with the General. Plan: '0 zoning is not compatible with the Genozal Plan and needs to be changed Chairman tombezt said the tdard of Supervisors changed the ,A,--2 zoned property in the County to the U zone: More uses under the U zohe require a Use Permit-, Mrs Forman asker why an individuals land can not be ;rezoned by itself, He was concerned with the future of HondUl., He said they need more commel,ciai type zoning to allow busindssezi He said the p oposed rezone will prevent hit from dividing parcels 28y07-6, 7, and 8 to 100 x io lot's with 2 mobiles: Y,,,i'.I�IMt "e m« kd', Y S" �rtYiiji'WMdM1�+k4,�N�i�Y`#aaa«+w'1+4f+M:4k1.4P.*�,�MwwiW W k i 6 " * i Y.1'Ib BUTTF I pLTNG "XOoMMl551CN . rxxriuT s January w2'6 y�« 19 rCOtJNTM ,.k:.' *a«MM,i",ya' #if.'4,•Ase a�.. s'1," Wl;r`M'+'r:"rt,9 .iAr"i,rrcM�1k�s,r;1:'fit.':+aw:f.'wk..,SR.vi:vk{r+.a i.am.hA_. .t„aaK«cri- a ..: 4; a Staff said that most single -family lots will take l acre for well and septic and setbacks. Staff said the lots will not be able to bemuch smaller because there is not a public water system, Mr. Forman said the existing well is capable of serving 2 properties. Nick. Monte asked if any letters received were in favor of this rezone, He said his land was A-2, then U, n�+w it is proposed for AR-MH-1, and this was down zoning of his 'property: Chairman Lambert explained that it was mandatory to change the U zoning in the County as soon as poi;s; ble. Mr. Monte suggested the above procedures 1, 2, and 3 be followed as outlined by the ;citizens committee. Chairman Lambert said the major concern in the area is livestock regiarements . Mr. Monte wanted them to stop the rezone until. -the livestock mattes was resolved. Commissioner Forbes said he would like to hear objections with the substance of the rezone. Commissioner Lynch 'said the Commission has a directive from the Board of 'Supervisors to get rid of the U zoning. d the Commission is more than willing to see the interested people form a committee, come up with a proposal .to eliminate the U zone. He. app appropriate, toHelearn said the landzones Under�theeOWilliamso� s i ro would b consistent zones. n Act need`s Nell Lind wanted to know where the U zone came from: Chairman Lambert said thO U zone was a Board action to eliminate the A-- (General.) zone until such time as the property could bei rezoned to,a compatible zone with the General."Plan. Mrs. Lind discussed the Boardrs Polity to make all departments self s the upporting to ever" extent Y possible. She asked if it was policy of the Planning Commission and the Planning Department to generate enough fees through Use Permits to support their $600000 a year budget, She said that road fees, park te developer fees,' sc)Ibdl, :6608, are imposed to mitigate the ies, mpacts Of hew development. She said the Commission was rezoning this large area via code without notice. She said the Commission was down zoning the prgpoy,�y. ,lames ai't, said it seemed to him that the CbMmission was being coerced into making the changes in this aeea He neralgPlan wat adopted in Butte Couh' sof aid the ones Ge when the Pightin to kee that General Plan riom�passingne He said the ng Obmmissioh at that time said the General Plan would axy-,. .#d'ita�awFr.#a+a'+n+•,•.wy; b :iat'3+crcW'ty+.Mrr'H'm.w,,•wrtrer: ^'�w:i�orLt:.�. ..,* 4�*-.n T..wa.� a3e»hMrw, .t.�! � NTI�G ommtSSl:ON k �Y NU;r1'�' ika..q �ri ,nib., "'NtP"b •,y- .4d:'i�F,w - �+ BUTV3 COUNT! PLAN not become law, but .merely be a guide. Six months latter it became law. He asked glow far north this proposal, goes. Staff said the northern boundary line is a black section line on the map. Mr. Hansen said he would like to see the zone left as it is. Betty Miranda,, who owns 29 acres in the middle of Honcut, said that .1 acre zoning was okay with her. She wanted to know how .her orchards and animals would be restricted, Chairman Lambert said the rezone will not affect her orchards; Beecher Gilbert asked Mrs. vasser to speak for him,; Mrs. Vaster said she was concerned about the had read in the Ag. Alert yesterday that Williamson Act. She renew their w,lIjiamson Act contra She Glenn county did not in Butte County, She did not think she this could happen Y should use the Williamson Act as p y work on the rezoni.ng.: a remiss when the Y the parcels under the Chairman Lambert said you need to look at Williamson Act Contract: Mrs. Vasser asked if she could work with Mr. Hironimus on the U zone property only. Chair; ,aa Lambert said they have to ?,00lc at _ the whole picture Williamson Act included as perserves and the General plan, s floodplains, wildlife Well a Staff said the Boards directive was to look at the A-5 and A--1.0 zoning done prior to CEQA and prior to the General, plan: William H. Golden said he bought his ro said he has 1:1.2 acres and did not i eelper�. should rr0tirezoned i60 acre parcel minimum, Chris Rinke, Berry. Creek, the animals +��=e for Food, i.; e. , cattle, p1 gs sheen) proposed for restridtion 10,000 sq. ft. .. p, goats, etc. She said. was not heeded for each head of livestock She; "said they need long tango planning on 'li'Vestock. She 'said this is a rural County . Eleanor Powers,' Highway 70, was' concerned about the restriction of property use She said Conta 1984., then mination of the land started in there was the diokin, then the animals started dying j and now this rezone: She wanted to know when 'they have freedom of the use of their property: She going to What the County was trying to da to South OroviShe ��re � to know, E. W, Myler said his property was bought YG ' show horses built a three stall ba n, Years ago, He had tack roam, corrals, and 8 'tons of hay storage, a' $2000;00 Worth of cyclone fence. He said he could have horses when he bought the property, He checked T •ww..r+a.nu . ,.. rr� is as aw.�r.,.z rmwMu., rsw!.ywi.w�p.naMv�.N;y.iaw xf'F � f . r"„.eAWw1 TE , COtlNTY BT, 1NNxNG ,.Gt Mi�II55xf)�1 MINUT 826: �7ahuary . f r x the :zoning and found wut that he can not have any animals now. He said he lives 8 mM.Les from town on a privately owned road, and he have even one sheep,. The barn, fence, corrals.. .etc. are Cof notvalue :now. Carolyn Hernandez said she did not receive notice of the A--2 zoning being changed l.o U. She said now the U zoning was being eliminated.- She asked why they could not go back to the A-2 when everyone was happy with the zoning. She asked the Commission to please consider what the proposed zoning will do to the property. George Meanes said he wanted to talk about the philosophy of pl a ;ming. He thought Mr. Hironimus said earlier that on some re�iious occasion he Siad been told that the regulations that were in the process were so general as to not be considered laws or legally enfbteii4able. He tock issue with this statement: He said someone once said "fewer laws are better laws". He said he believed that everyone in the County who has animals is in violation of the current cxrdinance. He said if the proposed - ordinance increasing tha-allocation for animals is allowed to occur, then you are going to have that many more people in 'violation of the laws. He thought there should be fewer constraints. - k7ohn Van Der Have said all. his property, is within the Williamson Act: He said that th+� Williamson Act is a Voluntary agreement between the County t1id the property owner and is an, renewed. He said there was no reason to zone his :property 160 acre minimum.; he requested 40 acre minimums Chairman Lambert thanked him for stating what zoning he wanted. She said it was S this lain I of input for.; the GomMission was looking Chuck Vise said he has :Lived in the area for 20 years. He bought the property to divide into r acre ; arc,c , He said` he has been retired for 5 years : Rel was upset 6rkout t "t,� x026ne proposal.: He ,said he was now zoned foj: 5 acre-miniOum boa �.O' wanted it to stay hat way, Hap Robinson said he- has 101. acres ;ori Palermo ;:toad in permanent, 14asture I. He said he has`eo le interests �„� p p _d in his Property .. but kiey want to know what they can haV'e on the ,;property. He said he zoned AR -MH -2 1/26 He wanted to know whc''t he can to!! people. Staff said that Mr. Robinsons ;property was 1bing recotnmetided for either A!i-2 1/2 or AR2. Staff said j£ animals are there ,now they would be` allowed_ to stay._ } Herold Galliett asked ghat the mandate was for the recommendation of 160 acre minimums when the vane Use Moment has a range of 2.o- 160 acre minimums: 1,Y�1+�} & ss ycNr Iva i a�n + �. 4rcM . mvevi+kaa.3+w wva.:- ya L`IJ.S. ;C1.1 AUT 'R CQU ANNIN �.J-.:C��:1..��7.i.0LiT �nuf_ °*C�:,r ar '�� n _ a, 'nfR^ y• �, �:..+re,��$s,,,��.;�.r�'d�ii,�4��t^. Mrs. Lind said the Commission and staff should read the Butte County Charter, Page 21, Article 12, removal from office.' Chairman Lambert said the comments from the people who told what zoning they preferred. were very helpful. Mr. Forman asked if there was a- deadline on finishing this rezone, Chairman Lambert said no, but the rezone, should be done in,a reasonable time frame. She said they were hoping to continue this to April to allow time to present a livestock resolution for public input before the rezone was decided. Staff said if the Commission makes recommendations on the rezone where there is a substantial difference from the alternatives discussed in the initial study there is a chance the environmental documents ;could need to be re-done. Nick Monte asked how far does Planning intend to got Chairman Lambert said the U zoned areas of the County will all be done as time allows. Commissioner Lynch said there are two other areas Ibeing considered at this time, South Paradise and the Durham-Dayton Nielson Areas, Mr Turpin noted that there have been several-areas done in the i.e.; Gri6ley-Biggs, Concow Oroville area, Chico, Forest Manch; and an area wide rezone for the Feather Falls area. He said there are plans for the other U areas. He said that zoning is an ongoing process: Nick Monte said their intent was to do this a piece at a time to deceive the people and not have to send out individual. noticeit, Chairman Lambert, said this was not true, She said they do as, much arta at they can handle at a time. Mr Monte asked if the Commission had gotten ;soil tests of the area. Chairman Lambert said the soil, information was marked on the maps, The, hearing was contint'red' open to April 27.,- 1889 at 1:30 p.m► Y Ct7tJN2'Y��Lt_.,NTNG C��"`�:. .,.«.. «». . •,,, Y�»Y,�a�.Y,�..,-�+�;,.,w���,,w„ .�.�����w,r� y„�Y Y,� $ w , tMxs$ION MINUTB .;anUa 28 '1989 :. . envirortmental im act and p General Plan Amendment £ion Bu arm County Planning Commisssion proposed Negative Declaration. 9 `� Commercial, AgricLiltural-Residential an orchard an F e Crops to commercial, ]Industrial, Agricultural. -Residential, Orchard and Field Crops, Grazing and Open Land, and Public; Rezone, from U, C- 2, M'-2 A.R-1, A-5 &.10 to P -Q, R -C, C -L, M-�1, M-2, AR -1, AR -MH -1 and 2.5, A-5 10,'40, and 160, for property ,located from north of Palermo Road, south to the County boundary, and from the Feather River to Palertno-Foncut Road and including the townsite of Hvncut. (File 87-28 A & EI) (Continued open from October 27, ,1988) A letter was ,submitted from the oroville Board of Realtors. The hearing was opened to the public: Betty Vassar saidat the Monday night meeting in Palermo, it was noted that the State is not mandating, the down zoning of their property. She recommended to the Commission that Planning staff bring people along in the zoning process: She submitted a petition of 125 people .who want a committee of 5 to make recommendations to the Commission, Harold Galliett, land owner in the area, said he did not get a notice of the hearing. He said the economics were not taken into consideration when this was proposed. He said people in the area want the same parcel site they have, they want it to stay the way it is nowi restrictions on keeping of ,animals. He said burglary Heand discussed the ro ert in the Count is a roblem pHa arson of unguarded ag. p p y Y p said they would like to set down with staff and discuss what the eo ie in, the area want, He said maybe they should have further area meetings He requested individual notices for the meeting Dan 'Lafford said he wanted rural land, livestock, and asked 'who sidea 1.t was to have this proposal, Staff said the General PI of 1919 has policy statement and development criteria. The M.,.,Acd of Supervisors directed that all A-5 andI A -1Q zoning in the County be. reviewed. the bulk of the A-5 was achieved in 1965:, 66, and 67 The Commission sent this to staff for study and this is, being p proposal, to the Commission with a skeletal Staff'said there needs to be an understanding of Why this proposal was started and a committee to work with staff is a very good idea: MolQne Goff, speaking` for was r, -and ' rely said she had talk` g Y Bevans and Anders, asked if Willrabo t hb and this area not farmland, shoed o Mr Commission is taking away the potential entssubdivisjorijmwhat doessdthe �Owner have left: she said they Wanted the land to istay the ;way it is now. George Robison, peopert,y,ownex: on Grubbs Road, said land in the area. s not, viable for ag: uses He said the foothill Hoarea, Palermo, ncutare hot. suitable for agricultuzal He discussed the price he for r hi's parcel_ B r aTBa• COUNTY PLANNING COMM1 µ- T4 doeme110"'1588 Hap Robison, said he came to the area 30 years ago to have a pir4ce where he could raise his kids and have animals and raise a garden. He said they did not want another Bay area up here. He said they .wanted a - rural area. regardingBill down read g, e letter supports the citizen's group aletter group inthePalermo area who iT have set up a committee to '1 submit recommendations to correct. the inadequacies in the current zoning ordinance, The letter recommends that this committee be heard at the next Commission meeting in December. He said the zoning should not be enacted until the property owners have a clear' picture of what the zoning will. and will not allow.' They feel that the proposed zoning ordinance needs to be more definitive- in some areas so that the transition from theresent code to the posed code will not change the existing use of what the people feel they now have. Roxanne O'Neil asked what is the zoning that conforms to disposal sites for toxic and hazardous waste. Staff said the Industrial zones, James L. Allan said he has been in the area 40 years.- He said the ground west of Highway 70 isl subject to inundation. He said the parcels are subject to inundation and should not be allowed houses on them._ He said they should leave the rest of the area alone. Gale Parker discussed the cost of farming in the area. He said there was no way to plant competitive crops. She.;said.the son in the area is poor and there Is not enough water to irrigate:. Dike McCarty asked is the 19'79 criteria for development, what is the next pafter this e is there line for commercial orindustrial, he trial, anotherrezonenset 1 r rezoe two years down the up farther down the line and how do they go about changing this program to something thai, is .'note suitable to everyone that Lives in the area. Diane Col,t'ess' said it takes hot' 300 a month to keep her pasture greeh. She e said ,about,4 months ago she saw a map out in Honcut that had the YuoffCoxaLanedway to come through, down the railroad tracks on her sicie She said now they are talking about rezoning and why are you taking a 20 acre pardel and rezoning it to 160 acre when theta are only two parcels out there that can ;even split clown that low. She said it did not make any sense► Cindy Schons was concerned with, the affect this zoning will have on the tax base, she said if the property is down zoned it will lower the tax baseShe wanted to know what. is the purpose of the rezone and dote?, grading the property a.. ux , ..•.,.�.,k«twt°.w+H,`M"`.N'i"+,"tM�il,M{,�`3°.fi4►'Y-�""»�'y�'hrv,m*M��.,.:.�•�k,��; „�,,,qti+y�a ,::�r.,:iu,..�u-a,ww, ..,«+: ,: »a ,:y, ,� $UTTVyy}� {y � y�,pr�4♦ y r. , 1yrOTIN �'Y 1„��tTi'i'ATf'! �'ql'M kkM•'r•i r..aw r.r.,.... m.r .:rw rs r v• BUSINESS FROM TIDE FLOOR ON ITEMS NOT ALREADY ON THIS, (Presentations will be limited to five minutes. The Planning Commission isprohibited by State Law from taking action on any item presented if it is not listed on the Agenda..;) George Menas said he was at the October 20, 1988 and October 27, g Planning Commission meetings. He said he requested at the October 88 meeting that the 20th agenda. problem facing him on the zoning be placed on the He said that Chairman Lynch told him that he would be placed on the agenda for discussion on November l7, 198,x. name regarding this agenda. He said he received no communication ret see ing this meeting, g chairman Lynch said this was part of a larger problem. the agenda as a miscellaneous itemIt was put on residential use in all zoning distric :;��"Interpretation of acreage for e belie Menai does not have an application for anHaction tod�,ethat takens the Commission can not put an individual, on the agenda t�+i9 be a form application, y re dealing with an issue al individual's problem. not an He said the we Staff said that the question that Mr, Menas has regarding the code interpretation, would not be just focused on his has, applicable to all the zoning districts in the county. Y• it would be Chairman Lynch said that the issue was a general issue, brought to the attention of the Commission by Mr. Menai. Metas asked for something in writing from the Co Meat they are going to do with him, He: mmissioh saying being allowed to have ani said people are.0 sett ab y g mals on them Property- p' out not personal roblec concerned he nedssomething in, writ narb is arsonsituationis.as h promised hie family.ecau ng s havin Se, but he did not ;know He said he romis is .daughter a hor Point. He asked the Planning COmmissian ifhewis assallpwea'a or# --on his propertyj hoxs.. on chairman Lynch said the Commission has to resolve the variables Cade aiid he did not think it was within the power of theCotms in the make the interpretation; The Commission can make a recommendation to y the Board of Supez~visors, b :can not direct any agency relative to enforcing the code.. mandation to That the determination is the responsibility of the Board of supervisors: Mr Mets asked if he- should Metes appear ` ask for an ekPlanatidh. pp before the )3oar of Supervisors and Chairman Lyxich sak Pbs; he should; if he is seekin a relief from the situ�tioti; direct irntnedi;ate Mr Menai said hA stood here the 27th of ©ctober'and `s Hironimus s ay that; everyone in his department had beennstruct of ed not C0}mT 7 �� �. •'due.+ enlb" � �-�::�.,.., Nov et -l'..7 . i 4 R P" to interpret AR -MH -5 as restricting the use of animals. He said that there seems to be a discrepancy in the interpretation within the Planning :department itself. He said that all he was asking for is somethinginwriting telling him that while this is in consideration, that he is off the hook. He said if the Comrrvission refuses to do that then he would have to avail himself of whatever he can. He said he was in possession of some literature that the Supreme Court has made in regards to zoning ordi=,.mces. He said the court has made it clear that "the regulation of land use is a coercive, adverse, governmental action, which restricts the exercise of the rightof use intrinsic in the ownership of propertyll. He asked the Commission to go along with the this item toosome1extent him on to bhat they can hear proper p place and again in the future. e agendized again Commissioner Lambert asked if it would be. appropriate to use the second item under miscellaneous as an avenue to discuss this problem today?` Staff said that this was what the Chairman and staff had discussed and that is why this item is on the agenda as a vehicle to discuss Mr. MeanesI issue ;as well as others. Chairman Lynch again explained that unless Mr. Menas is formally requesting a variance from the interpretation of the code which means filing an application; going through the application *process, the Commission; can not hear his specific case, Mr. Menas asked where it sags the Commission can not hear a planning issue. Chairman Lynch said the Commission is hearing the issue. He explained why to item utas placed on the agenda in the way it taas; It was to the CommissiVa could discuss the issue, because the i Enforcement Officers zoning violations were tatvecn the zoning investigator, County Counsel,- the District Attorney, the Planning Director and the. County Administration Officer, now with Code, Enforcement Officers the process has, changed. Commissioner 'Walter said they were getting into an area where it appears there may be legal action. He said they should not proceed anywhere without the County Counsel being present and making some decisions on any questions that come up of this nature. Mr. Menas asked to be cited or left alone. Commissioner Walter said as he interprets the ordinance now Mr. Menas is challenging this ordinance. He said if Mr. Menas Is challenging this determineinance whetherhetheitshould ordinance bis referred o andwhe-her Counsel to Mr. Menas objection is valid. Mn Menas said the ordinance was fine, and he covI.-I not see how, this ordinance can be interpreted to exclude animals from five acres. He said that the Commission is not following through.- The proper procedure was published in the Mercury Register on September 13,1988 under Butte County Code Section 41, establishing the rules and regulations for the Code Enforcement Officers and this ordinance states the procedures to be followed and that he will- be fined at the rate of $100 a day for the first infraction, $200 a day for the second, etc: Commissioner Walter said the platin?ing Commission does not hire, instruct, or control zoning enforcement officers in any way. Commissioner Peabody said that maybe County Counsel should clarify the situation as to where' a person plead'8 to get some audience: Chairman . Lynch said that this is Why . they have'. the question of �interpretation "of "the Code and this is the reason .the item was *^ agendized, so the Commission could discuss the code and the interpretation of the code at this meeting. Staff said the code is very clear, when there was a que'stilon about interpretation of any ;part of the zoning 'code it is up to the hoard of Cupervisors to make that determination, not County Counsel", or the Planning Commission. Since Mr. Monas approached the Planning, Commission, the Commission did agree to 'Put the question on the agenda regarding, interpretat3.on of the code. -it is no,F just the zoning district that Mr.' Menas is located in, it is several zoning districts in the County that have thii§ same problem. The Com -mission. is trying to � w>~%s.a w.w-xa^+eyr4i i 'Ld:wx-r;.,.w.4Waa'.wb3*yaf �..+ww4rwrr4w1W4v�.aehn• *s:wi`"xr.ria++w.., «I� r`!+^w� + yr,1 �A rl..rg+:r{Awai.4 Mww Kd y� ryW; •a .ws. a13 LTTE C�tj � + 1N�T NG t;f�htM �"aS° K71�T `MfWtn+�",fi"`� �ir,tr:e+rnhaar= give an interpretation of the .code, to the Board of Supervisors. Staff was sure that the Hoard of Supervisors, should- the issue be before them, would probably referit back to the Commission for their comments. Staff said on code enforcement when they read Section 41 of the code it very clearly sets out investigative procedure prior to the time when any citation is issued. We are not in:a citation mode in this County on any particular violation at this time. Staff said that there Was time in the investigative procedure before they get to the citation Level. There are certain areas ;and things that have to be covered, and certain notices that have to go out with time limits on them. Staff said this has not been, the ;case with Mr. Menas' property.' Commissioner Walter said that Mr. Menas is not in jeopardy at this time and staff said this was correct; Mri get his aanimalss said hoffahs property August 4th, sabring he has 30 days to' Staff said the letter was issued before the ordinance was adopted for C066 enf"orcement. Staff, said the zoning violation notices that have been sent to people in past years havQ used this same language giving 30 days in which to correct the zoning violations or it was turned over to the County Counsel or District Attorney. The county is now in a transitional phase between the existing County Code and the proposed County Code, therefore, many property owners have the same 6r6blem. -- Chairman -Lynch said the Commission has no role in enforcerr;ent. He `Said it was their ;role in the interpretation to make a recommexldation to the Board and this is why the Stem was put on the agenda the way it was. He said in order to get to specific property and specific individuals; this has to come before the Plan11 ning Commiss3,on, in the form of,, an_ application for a Variance to the code. Commissioner Lambert explained the types of variances the Commission g t�iit'Mr. Menas could apply for a variance to the code considers addin Mr. Menas said he has never heard such a meQlymouthed explanation of a verywimple question. He said the Planning Commission does not underst he is e is .anp.d why 14e said that all theatevidencealindicatest is a ver that this .simple roblem, ordinance has never been interpreted to restrict the use of animals; Chairman Lynch said that Mr. Metras asked to come before the Commission as a specific issue on the agenda and he is on the agenda, his name does not appear on the agenda; the issue that Mr. Mends raised abet` appear on the agenda; be ause the tissue invorI:v68 not only Mr. Metras' property; but many other properties in the County, anybody that has 1+a�Liriy"i.�W COUNTY PLMNINC COMMM.XOR MINUTES t�tnit�mh 1'7 t q � five acres in an AR-MH-5 zcne is involved in the issue that Mr. Men„..s is raising. . tis an issue interpretation of a Cc�y Code, itis notanissue ofGeorgetinvolves Menas the County of Butte it the present time. He said if Mr. Menas wants to make it an issue of George 11:nas versus the County of Butte he is explaining to him the taay” he can do that through the application for a variance. They ars r:ot; saying he should;: they are not saying he must, but. they are deel,ing with a situation of an issue that, he has raised Commissioner Lambert said that there are a lot of violations occuk1rine and the:: only time that anyone goes out to investigate is if UIPO.'e has been a complaint. Apparently there has been a complaint agai&~4°.. ;this property. complained Commissioneofwthisrbeing asaid tnuisAnce, was his and%rst i.ng that a neighbor ha: Mr. Menas wanted thel name of the neighbor who complai,ed', Chairman Lynch said that the Miscellaneous Item #2 would be .11eld apt 3c09 p.m. this afternoon so Mr. Menas can be here Judy Swank asked,why she had to sign a paper saying she would not object to the smells, flies, sprays, etci when shemoved into an agricultural area if now you are saying that there can be no aril;mals �,rn 5 acres: Commissioner Peabody said there is a need ..oprotect agrisultuxjal uses, especially spraying of trees, staff said this could be put on the. ag nda at a later time.. Staff said that all of Butte County, is an agricultural County and all building- permits toquire the signing of this form to protect the ag,. us68 Judy Swank wanted' to make sure she could have animals in an A-2 Zone: Nell. Lind said she heard it said here this morning that thy: Board of Supervisors has ,approved this code interpretation being discussed. Chairman Lynch stated' that was not said. Nell Liin.d said staff stated that the 'proposed code isnote a perative It was ,;lot operative when Mr. Meanet was served. Commission6t'Lambert said riot the Code, the cone enforcem6ft officer'° acting as a zoning investigators, but not the code, h U�"T COUNTY PL NN G COMNt255 + i1 1 N tTES tlnoi,+ h r� 1 7 r_ , Well, Lind asked if: there were zoning investigators before she said ,,he code enforcement offitr`ers as she remembers it, came about from a big political bus trip made on an 'Oroville school bus loaded with People working for this County to look at trash. She said the `Code enforcement officers were hired to clean up the trash and junk cars. 'he said before the code enforcement officers were Isupposed to hit the zl,reet- they were out and they hit the Menases. She wantedto know who , sent them out if they were not supposed to be out there, and why they were sent out if they were not supposed to be out there. She said that staff stated that this was before they could legally be out there because the ode had not taken effect. She wanted to know who; either staff or the Commission, started this new interpretation on the zones wid when. She said the Planning Department tells her that they have a"Ways done this. ahe said they could talk to any person in the real estate field and they would be told a different interpretation. She wanted to know who interprets the code and is there any control over how they are interpreted She said to tell people how they can and can not live in Butte County, that they can not have animals on the property they bought without a use permit or variance, has got to stop.' Sho' said she has private property rights contrary to popular belief in, slime circles of Butte county, She has been told' that there is no ,such thing as private property rights, she did not believe this. She said ey030 ve n inherent private property rights guaranteed them through thconstitution. Commissioner Lambert said that Ms. Lind 'was miring code with officers: She said. Ms:. Lind wasmixing the Planning Department with the Planning �orpmission She said that letters in the past have been on Commission leiz;:erhead, in the future this will. not be the case,. She said there wa i� a period in between the code investiga4 )rs and the code enf orc em ent 0f�aicers; where the zoning violations did not stop and the iw,estigation of code violations did not stop, the Planning bepartmeut continued to investigate complaints: "mevi Lind said that staff statod the code enforcement officer was hot supi?osed to be out to'm1r. Menas place, but they were. Commissioner Lambert did not healr staff say thatr she heard staff say, they are in the investigating period. Mi:s'. Lind said' before the code enfottement took effect it was a code enforcement officer by the name i5f Jeff who was at Mr. Menas' property wlic, identified himself as a code enforcement officer there to enforce tht."codes of Butte County on a date. before that code took effect. this is the kind of thing that needs to be straightened out. commissioner Lambert said the c66e was alwayz in effect. UTTE CO` INtY PLANNING OONINIiSS ONS � MIMES w � K 'f4etitrei M'h � 1'7 t1p,,. Ms. Lind said that under miscellaneous on the agenda it says ,discussion of interpretationof acreagefor residential use in all zoning districts"., she asked Why this was not advertised. Commissioner Lambert said this is not a public item, it is a miscellaneous item, it was put on the agenda at the request of Mr. Menas. Ms, Lind said the Commission just told Mr. Menas that this was not just him, it was people all over the County. Commissioner Lambert said this was not a secret,. She said the Coixtmission held hearings when the Commission was revising the zoning code. Commissioner Walter sad the Commission held over 33 meetings on the Code revision: Chairman Lynch said that Ms. Lind needs to understand that they are talking about several. things hereo The code that is now being enforced' hasn't come to the Board of,Supervisors for them: consideration as yot, it is in a committee. What the Commission is talking about is the code that has been in effect for: many yearsi The last revision was 1986. commissioner Fdtbes said thatthey should be talking about items not on' the agenda and this item is on the agenda, speakers are going over their five minutes, the time for the other hearings is long past 'Ind he said' -they` should continue on with the agenda. _ Connie Menas said that one year ago the y g y purchased theit property on Lower Wyandotte Road, they sat in a realtor's office and asked her to call the Planning Department to make sure that it`was x.11 right to have animals, the re6ltor did so and they were told that they could have their animals by whe Planning Department. She said they would "not have purchased: the property it they could not have animals on it, she gg y g arid find out who was t�taff in the Planning Departmenthey yearaagoand�who'told them that they could hove animals ;Donna Yoking ,asked when the interpretatidn comes up later today oan anyone talk or is it a discussion for the Commission only. ChaitMan. Lynch said they will allow comments on this item this afternoon. h ;, Fvwe..•rn 'w+w+sjy*;.ily+rx:-F•4�Fa�*WriRMwh+ra.�.r.«-r+-n+.�GaG+kj)rb"re'f«tirr,ieelv'�e..:..; r�i. ucu 8 " �D, CfJUN"CY P�,F►NI NG CbMN1 5ION i m - Nnt p+�hr ;� i do X. MISCELLANEOUS 2. Discussion,- Interpretation of acreage forresidential us all zoning districts. e in Staff said this was not a new issue.it for years. They provided the Commission withhasmatrixbeendofcussed identifiedetones and the requirements for livestock versus the residential requirements. Also in the memo they listed those zones where livestock are not Permitted, where Livestock are llowed with no restrictions and where livestock are allowed with only*square n.umbeir or head of animals. Stff bleved�thegfocus sofithepconcernts on the AR, ARMH, and the S -R series. This discussion is Countywide. Chairman Lynch said in the A -R zones they are talking about tyre existing zoning code, riot the revised code that is before the It says in the A -R zone as a general thing 'gone single family dwelling per parcel exclusive of the area devoted to the residential use, the followingolothor Parcel promisarea sio. shall be required for, each animal raised land required for the residentialEk&muss,�hen2you ,have rtk�essquaremfoo�age requirements spelled out far each head of livestock. He said in the Y g1'e family dwelling per AR -5 series of zones it says °one sin includingtents trailers, and mobile homes, minimum lt areaeto be of devoted to residential use shall not be less than 5 acres. Exclusive; areahsh:aLlebedrequiredofoxeresjdential use the following lot or parcel AR -MH -5 says +� each animal raised or kept on the premPses,�� Y ono Single family dwelling per Parcel, zn addition ti; the minimum square footage required to be devoted to residential use, the following minimum lot or parcel areas shall be required for each anima]. .•." Chairman Lynch said'the problem is not in interpretation, but a Problem with thi code. Commissioner Lambert said the Commission heard this issue 8 and the Board choose not to,adopt the change recommeindedeabs the. o' theserrtireT�on hg codehe orevisioneatd this issue in public hearings asypart had man in the last. 2-3 years and they Y people from the Oroville area as well as other areas of the County who came and spoke and gave. some of their concerhs and! the Commission recognized the discrepancies that they felt could be improved and they recainmehded changes in the livestock ordinance and sent those forward to the )hoard, That is where this is choose t. open this up again at this time for discussion not sentforward xf the $o their decision on .what they alread the hoard for their review and for feel, there � art does not tihd this appropriates if they t�s need for further change; she would be ha again. She thought at this time 'the concerns shntlldP gopbeforeth% Board. the The Cbmtn:ssion has heard this, th(g,y -have studied this, they ,, �,Bty'TTE COUNTY PLANNI� N 'r'pr'"►y'M,4"'N„r"`*„^W.sY ^Yt ris+ea aacw. w,e o+wMr,i.wkw.a * .� i,,,�A4yny r ,.u.. � COMMISSxdN' MINUTES have sent forward thein recommendations, and if they are not adequate the hearing will come back to the Commission, Commissioner Walter said that the current regulations are not good, the Commission did take action, it is at the Board, the people should go to the public hearings at the Board if they do not agree with the recommendations. Nell Lind asked if it was true that the recommendations started being on the Board's agenda a year ago in June and it was on every agenda right down the lane until the 23rd of February this year when' it vlas pulled and put into Committee because it was racked with legal problems She said Jane Dolan was quoted in the `paper as saying this may never come back into hearings. Ms Lind said the document was not wit Commissioner Walter suggested that Ms. Lind take her statements to the Board. George Menas said with regards to the new ordinance that is before the Board of Supervisors instead of being allowed 2000 sq. ft for a sheep or goat the new plan calls for 3000 sq. ft. for a sheep or a goat, instead of 8,125 st. ft. for a cow or horse it is now 10,000 sq: ft. instead of having the kind of a fence on your front property line to be as high as necessary to hold livestock or to keep out transients, the new code req�,tres that the front property line not be fenced with any more than a 4 fthigh fence. The new code .says 4,.;E you have a guest house the guest house can not have a kit`hen= The guest house can not exceed 500 sqi ft. in size.. He did not have much confidence that the new code was going to resolve the problems that have been presented before the Commission Lada. y T pointed d regard o - the analysis of AR-MH-5 by chairman 1}ynch,thatn examination�ofthiscode it says and implies in paragraph 2'�,mobile homes to house one family which such mobi16 home is the only housing facility located on the premises, (a) area of mobile homeli, the implication is that the balance of the property may —o be used for other purposegther than for a residence, in paragraph 4'it says Agricultural uses:4 In paragraph S uses requiring use permits (3) livestock farming. if this does not permit agricultural uses he did not `know what an agricultural use was. Sub-paragraph (c) lot area required: minimum area per dwelling unit4 ile takes this to mean if you have a parcel. zoned AR-MH-S it means that you have S acres, no moe, no less, that's the zoning that it comes tinder Commissioner Lambert said her interpretatim, was that in the AR--MIS-5 you need 5 acres for the residence and if you want any ahi.mals; you need additional acreage. mmz COUNTY .p;LAtZN:Mt COMMj8S:COjI MINUTES N' vpmbmr 1-7 1 600 ��' Chairman 'Lynch said they need to get County Counsel to make a decision. Mr. Menas asked the Commission to note Page 133 SR ->1/2 of the zoning code for the lot area and Page 152 TM -160 lot area,. He said it was. worded differently in the AR -MR -8. Commissioner Walter said that the Code was not proper and the Commission has taken action to try to fix the Code. He said this discussion belongs at th.etoard where County Counsel can be asked for a ruling Mr. Meinas wanted to know why this has to come to a question of a formal legal interpretation. He did not think that they should waste much more of tria Commission's time and the peoples tiv3 to show up for hearings belaboring the same point. He thought that everyone in the County was in violation of the zoning code as it exists. He said their' solution as a Commission is to hire two code enforcement officers. He said at first they were hiredto go arelind and clean tip the County trash piles shown to them on a guided bus tour: Commissioner Walter said for the record; the discussion and decision to hire code enforcEment officers came about long before the bus tour and the political campaign. It was discussed by the Supervisors as much as a year ago. Mr. Menas athetra asked -what were they going to _do with the enforcement sh is cleaned up and they have nothing 0180 to do code andontheWy amade saidrecommendationotothe BoardactHendidgnotabzlieve that in the mean time anyone would be sending dodo enforcement officers around harassing people with livestock.' ^ommissioner Lambert said ;it was done in this case because there was a complaint Legistered: Mr: Mehas lamed Said had as the is'rconcerned the person Who complained Signedg aff-d Commissioner Lambert asked if Mr,. Menas was suggesting that there be no restrictions on li"vestoGk and they Should be allowed in all cones, as Many as 'anybody wants Mr. Menas said that agricultural and should m, ,y z,-�rr..wrw,w+n,sr^;r-�,*iw:.�+r�^x�mrw.:a+,,r�we;.aw.,�rn..+.q..,,, �rh'R#�M -"+r'r,•:•: .*,.w,.�.,�y,, a �r,+;vwri?"�.w'i.ra+ra+M.�A s:o.•> m�;�'a,: IBUT 'E COCOP)t PLANNING C(gMP T' Sloi gagricultural,re should be o constraints on livestock. allow livestock. As long as it has an use there Commissioner Lambert asked Mr. Menas what was the minimum size parcel he would consider country that should be allowed to have livestock: Mr. Menas said 1/2 acre or 1/4 acre. He did not thinkthere.should be any requirements on livestock. Chairman Lynch told Mr: Menas that he had the right to ,speak at the public session at the Board of Supervisors meeting. Mrs. Menas asked who was coming out to her house next. She had letters from the code enforcement. She said if they have wait to get on the Board agenda, who was coming out to see them. violations that they are workin on. Y k zoning Staff said, that there are other issues beyond livestock _g for an interpretation,, two to do nothing, +and three Y Counseloard to Chairman Lynch said the have three choices, one totoasaskothe B send back the proposed revision on livestock so the Commission can send it back to the Board as a separate ,issue. Commissioner Lambert said the fastest way for Mr. 14enas to get an answer is to get this on the Board agenda. chairman Lynch-suggested that there be no more "attempts 'to Ifollow up on these types of complaints unless there is a health problem Staff ,said that in as much as it is the responsibility of the Board under the Code to interpret the code when there it, a question, and in as much as when those requests go on the Board agenda the depar-tments involved, including County Counsel, send comments to the Board.; Staff said the quickest Way would be for 'Mr. Menas to rec�uer�t this interpretation from the Board this would requite Counsel ,to look at this along with. Planning. z. Menas said the sPCA came 'out to his place* He said there odor and no noise as in the complaints,is no commissioner Walter asked staff if they could instruct the zoning enforcement officers to lbave' Mr. Menas alone until such a time as the re is a resolution on this question: Stuff said that this could be the recommendation from the Beard when it COUNV pLANNSN G d0 188IOLV 4' tt;t�t 1.7 } x Butte CountyPlanning Commission - proposed Negative Declaration regarding environmental impact and General. Plan Amendment from Commercial, Agricultural-ResiFeential and Orchard and Field Crops to Commercial, Industrial, Agricultural-Re��idential, Orchard and Field Crops, Grazing and Open Land and Public; Rezone from U, C-2, M-2, AR -1, A-5 & 10 to P -Q, R --C, C-1, m-1, 'M-2; AR -1.,, AR -MH -1, and 2.5 A -c - 10, 40 and 160, forproperty located from north of Palermo Road, south to the County Boundary, and from the Feather River to Palermo-Horlcut Road and including the townsite of Honcut. (File 87-28) (Continued open from September 2,2, 1988) Staff said this hearing was continued to get better notice out to the public. He said notices and maps were posted at stores in Honcut and Palermo and at the Palermo Grange, The hearing was opened to the public Walter Bentz said he: had some estions. He as this rezone was, ked what the purpose of Chairman Lynch said the zoning in the area d oes r uses in the area. He said that in 195'7 and 1.965 the zoningw the of conform with without considering the land uses. He said i em done preserve the agricultural uses, it was an attempt to Staff said the plan is tol adopt a General Plan and zoning that will preserve the agricultural uses that are there .now and at the same, time allow development where there is already growth taking place, Mr. Rentz asked if tics rezone proposal: would prevent future .lot splits. Chairman Lynch said no if be split if you can meed the requirementsnofythe zone dviso"ry Agency,, can Y areaioe Stanhope asked what the General Phan was for the surrounding Staff said Orchard and Field' Crops some Commercial ; and Graig and Open land, with ..' Mrti Stanhope said a lot of Land is not suitable for 'agricultural hand, she asked if this proposal: tock in supply anis demands for land` development in the area. She did not think lower parcel ize Coning gq they y pi p would start a lot of splits : she su ested that �- e it a , y., in the paper showing the proposed Changest` Staff said the Cost of publishing maps was P prohibitive: -acre�!Q gp g s Uhhece'ssary and that 46 . zonno �asamor�hzeaso:nable�e tonin 'wa ry a 't,°4R LidYaYM1" ?�k'RRuawN.klvk.re.eerk+W f. .4�C+a" „i .... t•N..:»9'P, xlyt.#YkaN`YMH4 w.+' t T 0a1N NUTS w 0aaber7 LAAtNI�fG COhthtSS5�dN �tI � 198 •.. ,„.�r. ,;.., . . Staff said a lot of the larger parcels were under Williamson Act Contracts. George Menas said he went to the Planning Department and obtained an explanation of the old ordinance existing AR-MH-5 zone from a Senior Planner. He was told that AR-MH-5 and any A-R designation is residential strictly and has no place in it for agricultural. He asked the Senior Planner how he explained the use of the word agricultural in the entitlement of the code,; Mr. Menas said that the Senior 'Planner told him it was just there,, Mr. Menas said the word agriculture was first in the Code. He said in any ordinance revision the Commission is considering they should make it very p'.ain when they say agriculture you mean agricultural uses. Commissioner Walter said he does not know of any time when someone was stopped from doing agriculture in an agricultural-residential area. He said the current Code specifically names agricultural as a permitted use in one particular'AR-zone and not in the other. He said in the Code revision before the Board the Commission has tried to correct this problem: it has not been a problem until recently. Staff said the AR-5 zone does say that agricultural uses' are allowed. The A-R zone is somewhat of a rural residential zone, where people can have their hobby farms, that have always -permitted the agricultural uses with certain restrictions on livestock. He said the statement that it is strictly a residential zone 1s not consistent with the way the zone has ever Leen intended or applied. Staff said they have always allowed agricultural uses in the AR_az�r, AR-MH_zones. gg g ment to make isure nof thiser su ested Mr. Meras check through the Depart Mr. Menas said th�,y :should look at tre FR--1.60: He said the first 2' 1%2 pages talk about the uses that can be made bf the land which include just about anything, lie said on Page 3 paragraph C it says the same thing as in the Aft-MH-5 which is being interpreted as no animals'What Z6 ever and no plants. He Said he did not understand whey they could not have an interpretation in the front of the code book. He said the definition of residential use was missing: He discussed the square footage for ,animals in the revised _code Staff said that in the A-ii zones under A #4 agricultural Aises are permitted. Mew MenaS, from the aulience, said this is not what he was told. Staff said under Butte County Code Section 24-97; sub paragtaph five, there are requirements far livestock; but agricultural uses are, permitted Chairman L-'gch said the Commission was getting away from the subjegt of � Y . ,a�rd'Pe.snp+Y.. KY�hKKsi:vwr+iwe+e ,r+.cr ». '.., w'+K.+a4„-w7 '""a-F' K�'� Y;.,,.r,{••pri,alx"Jf++'.'KpCl�le{�Y.'`''nr+"sYY!pw'yK'fi+r�Wd+°�" Www .++�. But"m colo mY PLA m= WNM188WR MINUM Octobet 2�, 1089 K Conunissloner Walter said most of Palermo is zoned V and any land' division would subject to 20 acre minimum. As revised probably 1/2 of the 'area =would be AR -MH -1 1 acre minimum; Chairman Lynch said one of the reasons for,putting-this into the A -R series which would allow the agricultural uses where the S -R series does not --!.low a lot of agr'culturni uses. Staff said regardless• s now established will remais of the cone picked, an of the use P y Commissioner Walter said the established use would have to be legal, uses at the time of grandfathering. Charlie Grassl said from a 4-H point of view he would hate to see anything happen that would keep a kid from having animals. Staff said in an AR -MH zone a legally established use can continue: Chairmen Lynch said they recognize there is a problem with 4-H and FAA projects: He said the Code revision deals with this problem. Commissioner Walter said the new animal maintenance proposal., from 5 acres I.Ap , there are no restrictions on livestock and from 5 acres ori down there will. be one unfor.m restriction that will apply to any zone: Staff said that 4-H projects ects have not been aproblem in the pay, Whit rather, owner of the Palermo Feed Store asked about the rezone process Chairman. Lynch said if the property was zoned U he would need a Use Permit to expand his business. in the area proposed for Commercial. zoning he would only need building permits. Mr: Mather said hO wanted better notice of the meeting. dhairman Lynch said there was no reason why the newspapers couldn't ;print a news story other than what the County pays for:, He said there should be some resp ohsibility by the newspaper; Commissioner Walter said a lot of people do not take the Orrovill.e Mercury This hearing was 'do to 11=1'��8 at 1:30p m. r, :.n . � ... . .. ph.. ,, '.�tx' ..,, r wn• 4. ;:. a ,-. w cam. �.. i> n. .pc .a .:.,,. � ..:,..++^t.a=inb.+..-I�.'a+t:l'°#3nN+r.ai,. ri ;wt art+YS sr w:.,. - TTL minty n,ANt ANG ONUS= MxWT_t5; w Oct6bdr n27 i 1099 N f _ baztte Count Pl.- Commission proposed Negative Declaration regarding environmental impact and General Pian ,Amendment from' Commnrcial, Agricultural-_Residentsal, and Orchard and Fie Crops to;:untmercial, industrial, Agricultural-Residential, Orchard and Field Crops, Grazing and Open Land and Public; Rezone from u, C-2,; M_2, AR-1, A-5 & 10 to P-Q, R-C, C-1, M-l. M-2, AR-1 AR-MH-:1 and C".2, A-5, 10, 40 and 160,, for property located from north of pal.ermo Road, south to the County boundary, and from the Feather River to Palermo-Honcut Road and including the townsite of Honcut. tllil.e 87-28`) The Commission waived the reading of the Staff Findings;. Staff said the Board and Commi'ssi.on had requestdd that staff look at -all of the areas in the. County that were zoniad A=-5 and A-10 prior to adoption of the General Plan in 19.7;9, particulai:ly the areas that were zoned to these types of .zones prior to the California Environmental Quality Act requirements which came in 1972. !,his was the first area picked for study and the zoning was adopted in the late 1950s and early 60s Staff said the proposal would redirect growth to the developed areas and pre8erve the ag. land CommissionerPeabody asked if the northern ))order was just .north of Palermo Road. Staff said thc: northern boundary of this rezona was the south boundary of the - Orovil.le Area rezone. Commissioner Walter asked, if the zoning was in place when the General Plan was donE, why wasn't .the General Plan mane to fit the zoning that was there? Staff said that the major concern in 1979 was the tenet and policy statements in the, sand tisd Element.' Orchard and Field Crops treasonably id ,atified what was in place. Tile Grlazing and Open Land designatiorss wereapplied to the in, Act ContleactsI the 'Tu ber Mountain was a new designation, and Agrl cu',tural-R��s� dents al, teas on the other properties sUbjOct to indepth studies. 8ttff said that there wi also a spot; of industrial zoning adopted. As, a result of the need to tai.ose of, waste water from the cannery and because the industrial coning did not allow the use of reclaitAod water for irrigation of Crop Unds, much of the area was rezoned to agricultUttrl from the dndOf oral p i g . zona in order to permit oro .; i�rri at'.�,on froih wastOwater. + Curtiinissioner Walter said .herd was a meetin g in Noncut and asked staff. if this subject was taken .up with the residents, ie said there are maps on the Hondut Store walls but there was no notice of this meeting Posted with them. He wt;nt to the Ceange in' pal,ermo and they had .not been advised' of the meeting.. He said the County needs to do a bitter jab of notifying people in a large area when th-e area is subjoot to, rezonin �; ire said the e Grange should be specifically notifi.ej. . aff said this meeting wa � idwertised i.n the Mercur y a� a d is ,lcy, .ad; with a map of the rezone area,, 1 Shiilf NY YB i'k+PFk}YM+I VA iW:ir P4 4 -.a .Y 'M#tin ipX, R -�q-Aa,�:�a�t�em,t;�x,arwar� °.bs��r �r�a�rt�,:,:':�»7 ":. C0COMIS 1:.. $i1T'T)r '(iNTX �i,l�.�t�iNG 5T0N MxNcT'r>;S S� tembe'r Z r { Ir Chairman, Lynch said that it is unlikely that the Commission will come to a decision on this today. He said he would like to take this in small areas: Areas 2, 3, 4, & 5 together as a group; Area ], separately: k-reas 6, 7,`8, & 9 together; Areas 10 & 11 as a.separate item with or without Area 1:2. The hearing was opened to the public: Molene Goff opposed the change to 160 acre parcels on her property. She said she has 640 acres and wants it to TemaL., A-5 Betty Basset, Mrs. Goff is daughter, said the land is in the Williamson Act and is marginal grazing, She wanted the land left A-5 for future development. Commissioner Walter asked what should be the future size of' this parcel: Staff said A-40 was 'considered instead of A-1.60. Barl Anders said he has 480 acres and there was no reason to change his zoning from A--5: He wanted to retain the A -S Staff said MT. Anders' properb_y and the surrounding area is proposed to remain agricultural. He said the proposed zoning is fcr what is appropriate and compatible in the area. Mr. Anders did not think the hearing was properly advertised: Betty Basset wanted individual' notices to the property owners for the hearing She said her property i5 in ag�.�icultur0 now, but in the future would probably not be age Molene Goff said she pays taxes on property zoned A4=6 and wanted to know if the Commission could change her zoning without, her permission, Staff said if the Board zones the property to 16o it would not preclude an i,idividual comini� in with a rezone appl.icatibb, for lower zoning. eg g tempt to preset: ate ,�tafx� said the A-5 zoning was done in 1,964 in an � the a lana, The hearl.ng was .continued open to October 27, 1.988at 1:30 ;p:m ' 'rho area:: to be d3.scussed' at this meeting will. be mainly Areas 21, 5 8; 40 ; and 12 chairman Lynch wanted a news release in the'Chico Enterprise Recos:d, x Oroville Mercury; Biggs 'R'bws; and ;Appeal. Democrat: Commissioner Walter said, tie would post, in .,61ekmo and RQncut. d'khb''erFr.fY.?wi':srwmiw��..hµ!J.�!bw..rx'."!K'+;�'Mrvsat?";,�..wren+w.�er+wtmaa,Nw,s�+K-a+tvn+�tr�a ��XVM,e�+Mrr«;t;;`L�#�,niKA9�'aSAx+lK�1'h'�SdtANwe�TkiiAww.I rPCn'�".«.:.t':�2",yw+,� v�,» i �.� �w BtJT�B CbiJNT�' , PtA1�tNTt�G COMMIS51oN �i�trNY1'I`8 s � September �'7,:. `"1:98 4 "" �' � m � ." Butt ounty Plann�n omn ission proposed _1Vetrati rnpve Nclaratios,garding, environmental impact and eneral__ Plan Amendment from Commercial to Agricultural -Residential and Orchard and Field Crops to Agricultural -Residential Orchard and Field t;;ro s Q.r ;nCommercial, nIndustrial, Public, ;Rezone from U,� C-2, M-2, AR -1, A-5 and A-10 i.� p g -C, Land and AR -1, AR -MH -1, AR -MH -2.5 A -S 10, Q, 1► M=l, M-2, 40, and 150, for property located from sort!' of Palermo Road, south of tile County boundary, 'uid from the Feather River to Palermo-I-ioncut Road and including the 'Townsite of Horicut, "(File 87 -fig &, g (Continued open from January 11, 1990) - Staff saidthey had recommended that the Commission focus on the Urban Sub Areas Z 4, P» p S, and 12 of the ro osed General Plan Amendment and Rezone, Staff submitted a men -.0. Staff said that notices were posted in the Palermo Post Offce, Palermo store, .1cut stet Pf and thea M.lni Market in Oak Grove. Staff contacted the Orovtll thee Mercury and pravidet► in With copies of the map an the proposed zeros g and hope the d �vat s coverage from the Mercury Regiome news ster: Staff commented even augl, the Comm scion s talking about AR -MH zoning, the Commission might wish to consider the A:R zoning, Le, AR -2.5 or AR -5. The reason is that throughout the County 'with the OXCOPtiOri of the zones With the MM designation, the Agricultural zones, TM zones, .and FR zones,, °any rrooiles placed on the Property thea p rty are required meet 1974 )a-ILID Standards. »d' in all zones except' gnctz:'ural, T M, and F~R»zones,+the temporary second dwell' � .x AKA "Aunt Minnie' ntaust meet the HIJD Standards which is a conflict. Staff recununended that the Cornatnissicin, recommend the A -R zoning 5enes for adoption instead of AR -MH zoning so tlfey would $e consistent between the primary use and an Aunt Minnie" should one occur, Commissioner Lynch asited, if the Commission recommends A -R zoraln ,then any Pre -1974 mobile homes th�it are in place would still be an allowable, use on the roe d' could continue even though the ro 7e p p nY an » »Y,- . g p 1 rty Was zoned AR -1» Staff said this is i.orrect. He said the property owner would not be cable to replace the pre -1974 wobild wttta another pre -1974' mobile home. Staff said this was also correct. The hearing was ;opened to the public, these for ti ageir sons whe �}, nd has' a garage on their prop e » Beth � Artnita a s�,d her husba i ...� p her 'property that have `n v are old enough to lit' Id it. Vhe said there are; old garage P p �S' and he is �kee� tt� ' the been a=eIn to the past, but the cat's are now behind a sight s ort obscuring fence. She wanted to how'this Gene`rai flan Amendment and Re o z;ffect It�vin Avenue, x ne would Staff said it a LEGAL use is established, the zoning do zoning would ds m' not ea,: cel that use. 'ytaf would make the LEGAL use a pre-e•tis6ng non nfottnitig use, { e f said tla keep" Armitage ask if she would need a U'se Permit nirfidIs on the property, so i�sked about fair the garage? She al keeping a $t77CTL `�q�Nt",t pT��NN�NG CCl%tMxSS�Ot� Nt�Z�C1��� � �Totitta -- k fni .rw- Ib'. � . " r.`:250 x.900 ;Y I Staff said if the garage is an established legal use there is no problem. Staff said that the zone _change would not affe-ct legal uses. Staff said the animal concerns were addressed, an Ordinance already adopted by the Board of Supervisors. n Mrs. Armitage said her property is on Irwin, near Baldwin Avenue. Coinmissioner Lynch said this area is proposed for AR-MH=I. Antonelle Farise said she also lives on Irwin. She said she has a store next to ,a wrecking yard. She said That her property used to be zoned commercial and is now zonedU. i3he asked what the proposed zoning was. staff said the property is proposed ,for AR -MH -1. Staff saidthe property een zoned' commercllal; The area was originally zoned. A-2, which, hich `allowed o mercial use sand this was changed to U which limited the property to single-familyresidential or agricultural, It is now being proposed from U to Alt -MH -I: . property 'Was coinmercial and h ]Virs, Parise said that in 1968 she was told theor husband established a shop. She said the shop has been there since 1968 and she :and her limnand are keeping the shop for their sons. Stat again sand if the use is "n- legal it would become apre-existing nonconforming user lay Reed, 7829 Railroad Avenue, asked if this will affect his taxes. Commissioner Ostrowski saidthe zoning should not affect taxes unless development occurs or there is a change of ownership Commissioner Lynch said that Proposition 13 prevents property from increasing in taxes just because the surrounding property values increase. change the tax structure. under the Revenue and Taxation Code that a zoning change by itself does 'not c Staff said the land between i11ta �d that W ms a South and poi Staff s�. , � nth Villa an Railroad Avenue are proposed for M-1 (Light Industrial) d Wise and Reed asked what is allowed in the light`industrial zon::s? Staff read the uses ,listed c► the tohiiag ordinance.,' Mr: Reed asked about a sewage treatment plant being allowed, Staff said sewage tretifrnent facilities chit only be considered in the M- z `Peri ,14i one with a Use Mr, heed Asked the purpose of this proposed rezdzung, � ci. w fi1Nxs.1+.:etxiry�.y;wµlWy ,5 K:s k,AC17� co�'htTY,A�tt�N CMxaSxgi 1��IVUIrS' :� ,�anttarr5i.9g0 z' IT Staff said there are two reasons for 'the rezone. One reason is that the County is required to bring zoning in the County into conformance with the General Pian. Staff said the other reason is that at this time the U zone allows 1 dwelling for 20 aLres, if the property owner wants to split his property; he would have1d obtain zoning other than the 'II zone. The hearing was closed for Sub Areas 2, 4, 5, and 12: Cominissioner Lynch said he understood staff's recommendation for AR-1 as opposed to ,AR- MH-1, but he did not think it was appropriate in this area. He said with the AR-1 zoning people would not be able to change from a pre 1974 mobile to another pre 1974 mobile. He said he would like to stay with AR-MH 1 Commissioner Ostrowski said that staff I should be commended for a job well done on ;this project. Commissioner e A sioRner Lambert said the AR zone would have to meet HUD` standards for mobiles MH zone would not. Buff said this is correct, but in either case the mobile would have to be a in' 4num of 500 s , uare feet., C P issioner Lambert askedpMrp. Red a direct question. She asked Mr. heed if he had Any articular re uest for leas ro en Mt. Reed said he did not see any reason for changing the zone. It was moved by Commissioner Ostrowski, seconded by Commissioner Lambertand unanimously carried to recommend General Plan Amendments and ,Rezoning on Sub :teas 2, 4, 5, and 12 as follows- A, ollowsA. Find that the requirements of CEQA have been completed and considered in making this decision and recommend the Board of Supervisors adopt a Negative Declaration; and $. Find that the project conforms to the policies, including the text and inap, of the Butte Count' General Plan; and C. Recommend that the Hoard of Supetvisors adopt a ,ds luflbt ;approving a General Plan Amendment to the Agricultural Residential, Public, Commercial and Indus+tial for those areas located in Sub Areas 2„ 4i 5, and 12 ,of the Palermo I40ncut Area, plan Pile 87-28A and I]: Recommend that the Board of Supervisors adopt an Ordinance approving rezoning to AR-MH-1, AR-MH-2.5; AR4Ii65; AR I, C-1, M-1, and P-Q for Sub Areas 2, d, 5, and 12, of the Palermo Moncut ,Area Plan File 87-6288. It was moved by Commissioner t ainbertt seconded by Cotiimissioner Lynch, and ung nim.busly carried to continue the hearing open on Sub Areas 1, 30 60 7, 8, .9, and 'A to I1+f'arch ;Z2, 1990 at 10.30 a.m.. , BUT'Tt d01INTY wPt MINC C(JM3:sS:CO �14XNUT rS � � 11t h loty Butte County Planning Commission - proposed Negative Declaration regarding environmental impact and General Plan Amendment from Commercial to Agricultural- Residential and Orchard and 'Field Crops to Commercial, Industrial, Agricultural Residential, Orchard and Field Crops, Grazing and Open Land and Public, Rezone from U, C-2, M-2, AR-1, A-5, and A-10 to P=Q, R--Q, C-1, M-1, M-2, AR-1, ARK-MFI-I, AR-MH- 2.5, A-5, 10, 40 and 160, for property located from north of Paler-no Road, south to the. County boundary, and from the Feather River to Palermo-Honcut Road and 'including the townsite of. Honcut. (File 87-18A & B) (Continued open from November 9 1989) Staff said at the Planning Commission meeting of November', 1989 there was a discussion of timing of this project with the Energy, Natural Resources Element. Staff said the Commis.�,ion had discussed splitting this into two areas at their last meeting. One area for the urbanized areas and one discussion on the rural areas. Staff said the animal issue has been resolved and is no longer, a consideration for these zoning proceedings. Chairman Forbes said that one of the concerns affecting this rezoning was the possible widening of either Highway 99or Highway 70. Staff said there is a report due this month on the road widening. Staff said the road, widening would not have much affect on the urbanized areas being discussed. The hearing was opened to the public.; Harold Galliett said he. was there representing. Betty Vasser. He wanted individuals to be notified by mail if there was any change in their zoning: Commissioner Lynch said it would be reasonable for the Commission to look at Palermo/Honcut urban area as a separate area from the rural lands. He discussed the possibility of a need for Commercial zoning along Highway 70 if that 416 the route chosen to be widened. Commissioner Lambert asked if the environmental documents on the Energy; Natural Resources Element would be ready in February? Staff said the documents should be received from the co Lsultant this monen they will go th, th through the State Clearinghouse fora 45 day review. Commissioner Lambert said she was willing to separate the urban and rural areas under consideration. She said she would .like to see' the documents for the Energyy Natural Resources Element before malting a decision on the rural areas. Staff su ested: the Commission separate areas and take a look at the proposal for the urban area, gg" p at their nett meeting and continue the rest of the area for a hearing in March or ;later: �. gg y Cor zmzsszoner Ostrowski suggested the Commission 'deal with the urban areas first and dela the action on the more rural areas lntil later, ., � w. .:uk ,�.+, c-.. •--� Mt.iwYxn+Md.W �sir�v+e»-si+nn.:+..+W�wr'M+'.+awra:ne.w4*W+r+wisw •Bu' '1'L�`,_,CtlL7NTY PLANrrjNG. Cor�Mssss0rr Rj, NutrS - t7anuaty 1.1. CREATED Ep C .L-C.A , VALUES BY: FIALMO V5» REVISED; PROP, 13' PR1NT50 23-u190 ADJUSTED 8ASC TIMES 1133;22 Ah1 YEAR VALUES __ PARCEL # ADJUSTED C-L-C- LOSS IN PERCENT BASE VALUE ASSESSCO OF VALUE, VALUE DZE Cf R -8, --------------- k.,M.--y..-+wi,++n.,waryr..•nnw -- ----a....w..-`..........;s----u..---r.aww.-.+.fi...._,.....------------..-- 024-220 -026 437244 297005 024--230-011 81223 X04;2 0214-230. 036W a 1 � ��S�.L "7 19916 11.7005 ,65. 024-230-037 73612 47793 25819 i,41 65 024 240-022 41169' 26770 1499 »65 ' 025-160x-023 21184 5782 12r�02 .41 .41 025-160-044 11'1926 10944 2 $5 02aw160-04 5000t? 50550 -x$50 1.01 025--160-049 5000G 503x0 -350 1»01 02$-160-060 79540 33303 41.237 025w-1,60-067 26366 20671 -3305 .4'0 1.13 025'--.160-082 382309 4299% -47672 1.12 025-160-095 30945 8793 22152- 025-160-096 3094.5 8793 22152 »28 025-160-097 30945 $793 22.152 .28 .28 025.160-098 : 0945 5793 22152 025-160»-099 3650$ 8549 27986 »25 025-160-100 371.42 87l 4 28428 .23 025.160-1.01 30945 1.9Q65 11940 02,5-160-102 45882 28112 1.7770 .61 ' 04'5-160-104 11394076227 37712 .61 7 025-170-00 $2315 62330 -,1.001.2 1019 025-170-004 722.12 97259 -25047 1»35 025-170-A52 125771 25623 100148 .20 025-210-007 208372 345291. *41 025-210-017 156793 24469 122324 025-210-010 015 3121766904. X35692 .22 2.14 ; 02S-220-01.4 39970 18424 21$46 025-220-0,25 561.35 20954 65131 »46 025`•'2' 0-028 X3535 1$07 7031. .24, »1.e 0zs-2 20-038 3 . #04 6531. 24973 0.�5v~220~C:9 4091.83 105.194 3034909 k21 �M 025 720 7 .129504 $6206 73595 o26 .43 (?26«.00b20 X9747 22926 6521 117,l #� 026-250-005 7594 70$ 6559 02625t1K12t5 1,2797 1051. 11716 .09 026-260-021 1.75 37 21~84 15403 .08 .12 ». $4,912 3$994 .34• ci26""29ti-'002 27948 2047 25'901, 026-290-009 1 NOT IN CLCD x07 ERI�gR 47$32 '1,04. OV-;M-o01 38763 0e.�2OW0NArxv PARCEL, 0 027-:2- 00-003 2611:4 4t�55' 21229 � X19 027.200-02,. 027-206-029" —a31$ 78t�7 55331 »12 41637 1452c 27115 027-200-044 ` 67626 64124 3502 ,35 027 -too -045 1289919 3� 16$ 97831 . 4 027-200-046 35240 155. 33659 .24 027-200x-073 349044 1.09P76 239963 ,04 027-200-075 130035 154936 -~24903 131 1.19 027-220-004 290012 75152' 24860 027-220-^011 163655 12622 91033` .26 7 2 027--220--032 203992 134976 84,016 . .60 027-220-130 2.691.29 114494 1,54635 ,43 028-020-015 145173 80637 64-536 028 020 043 107103 611$3 45975. ,5f 628 026-b5$ O S 020-059 666 75410 865,57 46592 .55, 258018 .62 02$-030-= 143424 37819 105605. 028-030-032 37305. 1396 � .26 TOTAI-S y 614 X3823 321863 2976184 .52 �1 August 1, 1950 CND' DRAFT, SECOND 0 PROPOSED PALERMO-HONCUT AREA LAND 'USE PLAN ''VII POLICIES APPLICABLE TO SPECIFIC, PLANNING ARES Butte County is physically, environmentally, socially and economically diverse: Becauseofthis diversityy lknd use policies developed on a countywide basis may not addequately address issues unique to different parts of the county; a fact recognized by the adoption of planning areas and their respctive "area land use plans" Which together with the countywide Elements collectively comprise the Butte County General Plan, The policies described below, address specific concerns of the identified planning area: These 'policies supplement and el ate on the countywide policies of the Butte County Genera ;or each planning aa'ea listed below-.0' X. Palermo-Honcut r a a n A 1.. �i�f9tY y5;000 acres bounded by Palermo Road on the , i tP Highway , County n , �h thea a-lermo-Honcut Hi hwa,� on the east the boun ark+-inn the south, the Feather River on the west, an. "te qutheasterly boundary of the Orov7lle Wildlife Area on the northwes't', excepting the rezoned Palermby Honcut and Oak Grove areas, all as Mom-particularly shown on the attached map, are designated the Pal- rmo-Honcut Rural Reserve and are zoned A-5. 2. The, Pa1ermo4oncitt Rural ,Reserve consists of Orchard and Fie Ia`EroP an Grazing andopen Land, land use categories: The boundaries between these land u$e categories is irregular, indefinite and ill-defined, and varies with the agricultural ec onomics of ivirigated or�hw,d and field crops versus ani'ma'l husbandryk oo irrigaited pasture versus_ dryfarmod crops versus dryland grazing versus speculat ve olding of idle lan�'r future, large�scale� non�agricultur l development and uses i 3. SeVer11 new or increased economic inputs are needed tp- maintain the rural character and to continue the agricultural uses of 'the Palermo-Honcvt Rura_1 Reserve, as follows r a. Owner capital (Savings, credit and earnings) b. Owner ,mdfamily labor (Sweat equity) c. Owner security (On-site surveillance) fertil d. Nrie r attention (Cons t' .ucius. "Footsteps of owner best e. Agricultural support services (1) Planners (Z). Developers (:3} hesigners (,4) Lenders contractors (;5 ) Vendors & c (6) Managers, lessees an `k c'roppbrt 7} Water suppliers u'�k i ;8) Trantportat : (a9) Coo pe ra a `ki', (1C) Ext �0)Ia;'ti4ts� ofisrt tants & professional services TA C Ih tTo6a '� t fain , e��'"►�ee',ded nets inputs to maintahi the r te%`: a�itl� to conti nue the a,gricultural uses of the l. t P e`rino .Honc'.4 ural 'Reserve; development of the Rural Reserve 7nto',,� .ma,`1e agricu tura parcels and sale of t'he8e sm' 11,5r� de�ve.1�`ped, agwicultural parcels to many ne.w owners, is essential, With anticipated transportation improvements*,,many of these new owners, Will live on these smaller, agricultural paroels, work elsewhere and invest their earnings i'n their properties: 5, Development of i*t)a Rural heserve, into smaller, agricultural parcels requires a sing e, der mite alid predictroble, land use category for the, entit�e area of the Rural kdlsorue.. `this land use oategory applicable within the pa`ermo onpuRura� Reserve, is dossgnated at follows * IMprovemeht of Hi ;hway 70 to fw-lane, divided sta,idand and r60 transit to Sacramento on Wsting rafl;s, f d. Availability of adequate fire protection. e. Availability of adequate road access: f. Conformance with minimum parcel sizes of the Williamson Act within tracts under Williamson Act contracts. Presumed minimum parcel sizes for producing an agricultural commodity for commercial purposes under the Williamson. Act are 10 acres for prime agricultural land and 40 acres for r.on-prime land, as prime and non -prime land are defined in the Act. "Smaller parcels may still be created, but the burden of proof is.placed on the subdivider to show that there will continue to be agricultural use of the rropet ty.,11* g. Conformity with the policies testforth in Paragraph 7,, of the Palermo-Honcut Area Land Use plan: 6, bevel opment to the h i g kyr rid` 7 ' allowed by tha Palermo= Honcut Area Land . Us 1P 'ah, na `u . i fieri by the economics of development f m, Il�;r,.ultural parcels, will require some or ��of,,tt '`"fiollowing r�c'tions extending over seved- pr , a: �n� ' ib',i � �b deyelo ers and landowners toward the ic'a��c of mu7tpurpo,.e channel �mptovements along vine, Wyandotte Creek and their tributaries and Vthevl�tn and adjacent: tea Rural Re`serue;, to provide 1 ood control i rriga ti on , drajnago, groundWater t;%charge , resource extraction send associated, environmental benefits within the Rut'al Reserve b, Cxtension and improvement of certain state- to i►i ghWays and , county roads within the Rural..;:Reserve; including without' limitation the following, (1;) East Gridley Road east fromStimson Lune to the PaI`ermo-Honcut Highway (3 mi1esl. p * Qttote is from Page g "The Williamson Act; A Sho'et Review)";prepared boy Stephen Oliva, Ghief, Office of Land conser0tion; California Department of Conservation, r i (2) Kister Road, a new road along or near the south' boundary ry of Section 13'& 14, TIM, R3E MDM and of Section 18 & 17, T18N, R4E, MDM, from Highway 70 to the Palermo=Honcut Highway (3.4 miles), (3) improvement of Highway 70 to a four=lane, divided referab y�is should be done by relocation of -the new Highway 70 along Lone Tree Road and the extension' of Lone Tree Road south into Yuba County to the west ride of the Union Pacific Railroad right- of-way'and contiguous transmission line right-of-stay., to North c PJorthMarysville e(2'3aright-6f-Way9 transmission line rights c, Construction My deve;opers of new roads conforming to county standards to give access from state highways or county roaos to each new parcel d, Extension of the electrical distribution system y pacific Gas & Electric to furnish ,th�664 hase power to each new. parcel for efficient a0 cup . a um ing and other purposes y. ,,� e, Extension oxf, hq` `.asos r butian systehi by pacific Gas & 9 l ,d Electric ion 're �" ` Highway 70 to permyt rural ett, rtl�',,ns't"o eac t�ew parcel to furnish 601 for efficieht �{a,gri cltelt ray,upnd, cogeneratioh, vehicle fuel; heating and cooi g, domestic and other purposes, fI�; Etersion of the 'telephone system by Pacific Bell to Provide telephone and FAX service to each new parcel g. Proportiohate contribution by deVelopers to the fit`st cost Of fire Protection facilities, such as volunteer fire stations, fire fighting equipment ,and fire-truck fills ands. 7, to order to maintain the rural character and to continue the agricultural uses of the Palermo�'Hohcut_Hur"al ReserVd, and to coordinate the policies O_f__tyj'_7County W tli te pravi`�ion of SerV-- - and circulation, the following policies Shall ; apply to the Pa16mD--Hohdut Rural °Reserve: a. This area shallbe managed as a Rural Reserve permitting agricultural development on five acre pa s�; and on sarialler, legally=cweated, pre-existing parcels, 5 b. A Flood Control, irrigation, Drainage, Groundwater Recharge, Resource Extraction & Environmental Services District shall be forme-0--an-d forme-0--an—dapproved by tie qua ified voters of the District voting, to construct, operate and maintain folld controT, irrigation, drainage, groundwater recharge, resource extraction and associated environmental facilities along Wyman Ravine, Wyandotte Creek and their tributaries and within and adjacent to the Rural Reserve, before development and uses on parce'1z" of lest—than 10 acres are permitted Within the Rural Reser,e. -- c. Plans for flood Control, Irrigation, drainage, groundwater recharge, resource extraction and associated environmental facilities shall be developed by the District before development and uses on parcels of less tra—r10 acres are permitted within the Rural Reserve, d. An easement for the construction, operation and maintehance of flood control, irrigation, drainage, groundwater recharge,; resource extraction and associated environmental facilities by the pis �rict shall be reserved kthrough sutdivi;d`eTW' t in the Rural .nerve, e . Plans for road con . y�v � �,t�ci<"iYo.'b „5 o rt to give access devel o e . an tses�' ved by the .County before to each new r, " p ,� ,xl ti p ori`"s of less than YO acres are e ` t'te d ,.; 'h� oprneht , pi#yz3 f. Th, of road, street and driveway connections tM`th,'. p`at^t of Highway 70 within the Rural Rese;rVe shall hod be increased, Lots and ;parcels sha on _y access Highway 70 by way of an approved road, street or driveway connection, g. Proposals for development shall be coordinated with all public and quasi -public a,goncies and utilities which would provide services within the development before development and uses on parcels of less than 100 acres arepermitted., within the development. h. Developers shall "submit and obtain approval of the County of'the following plum; before development and uses on parcels Of less than 10 acres are permitted within the development; iC� ry (1) A plan for the future subdivision of the remainder of the tract being subdivided; (2') An improvement plan that indicates when and where- 7,hysical improvements are to be made and the capacity., s"tand"ards, cost and how these improvements will be financed. This plan should also indicate those physical improvements to be made in the future to serve parcels in the remainder of the tract being subdivided, and the cost of initial and continued service to each new_ parcel . (3) An agricultural plan that indicat,,,,a agricultural improvements and how each new parcel will be Maintained " in agricultural use: (4) An environmental plan that identifies critical natural areas that should be protected and the protection to be given each of these areas: Ya (5) .4 road plan thato ineicafesAte i"ocat7on, capacity, traffic, materials, dim n7on's` aid off-site traffic impacts of roads to e c'bns�truct% by developers to give access to �X„p}v spar, (0) A sanitatin"pT=a�i`'yicates locations approvedby �.. Ram pe the e.,al.th Dei . rt for ~tater wells and. se c systems,, s wii e e ells and septic systems ar n o t '� uld be identified, Location of fIcll and 'f i” C p � tests should be shown. Result,, of Wel1. 4 'S titer tests and percolation tests should be Vuded. (7) A drainage plan showing where surface drainage flows into, across and out of each 06W parcel •, the direction of surface drainage by drainage arrows and contours ,of elevation above mean sea level at not more than a two" cahtour interval and at a scale of not more than 50 feet to the ihch, the :size; loC.'WOn, invert elevation and Material of culverts and subdra'ins, the location, cross section and profile elevations of ditches; the location of storm, ephemeral andvernal ponds swamps and sinks; and other drainage an'e, ~.610dourse 'NAtures,, : (8) Ah agricultural water supply plan that indicates the sources$ guahtity and qualityr, schedule of ava`1ladility, 'del 'i Very point and cost of irriyaticn wa%er available to each hew parcel: -7-