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HomeMy WebLinkAboutPLANNING COMMISION MINUTES & AGENDAS 7/93 - 12/93n 'BUTTl✓ COUNTY PLA1V`'"TNGC( MMaSCION MINUTES - i •. =ember 9, 1993 t PLEDGE C ALLEGIANCE II. ROLL CALL Presents COM",lussioners Nelson, Bergman, Ferguson, Lambert, and Chairman Lynch Also Present: Paula Leasure, Principal Planner Lisa Purvis Wilson, Asso. Planner Tom Last, Senior Planner Craig Sanders, Associate Planner Bill Farrel, Devel. Serv. Director Shane L. Shame, Paradise Comm. Nick Ellena, Chico Enter. Record Lynn Richardson, Secretary Commissioner Nelson was absent at, this tine. M. APPROVAL OF THE MINUTES - November 17, 1993 ' Ile approval of the minutes was continued to January 13, 1993. W. BU UW..33S PROM THE FLOOR ON 1`17iVi.S NOT ALREADYON THE AGE qD' A (Presentations will be limited to (live minutes. The Planning Commission is prohibited by State Law from taking action on any Item presented if itis not listed on the Agenda) V. PUBLIC HEARING PROCEDURE The Chair will call for A. Staff Comments B. Open the hearing to the public L Proponents 2. Opponents 3. ;Proponents rebuttal 4. Opponents rebuttal C. Close hearing to "the public D: Commif!Won discussion' E. Motion r Vote 1 r E�UTTL COUNTY' PLANNING CC'1ViMiSSION 1VIMUTES December 9, 1993 Itis requested that presentations be limited to a maximum of S minutes so that all interested parties willhave an opportunity 'to address the Commission. Following your presentation, please print your name and address on the speakers sheet so that the record will be accurate. i 'VI. ]PUBLIC HEARINrs. Larry Stnailen - proposed Negative Decl with m 'tigation measures 6 RV ng environmental review and T rmi to allow 18 mobile home , spaces, regarding spaces,: 4 overnight camping spa.^,es, a Laundromat space, on property ) , and commercial retail P perty zoned H -C (Highway Commercial located on the northwest side of Highway 70, southwest of Concow Road, at 3610 Skycrest Drive, identified as AP 058-260-004 Oro 13, 1993) ville. (CBS) (Continued open from September Staff said the hearing was continued to allow tie applicant time to bring in more information on the Commissions concerns, i.e., location of the easement, site distance for traffic, etc. Staff submitted a new report and maps'. Staffsaid the changes reduce the number of parking spaces from 18 to 15, and eliminates the RV and overnight only: spaces. Staff said 'the applicant is proposing to make the park a senior citizens park Commissioner Nelson was present at, thio time: Staff said a seniorcitizens park would reduce the density; Commissioner Lambert asked if the engineering Md easement problem was resolved except fir the well? Staff said the well was there before the easement, Staff did ;not think th aere would be problem. Chairman' Lynch said in Condition 8, there is the requirement for a pressure system of 250 gallons of Water per nnintite ;for two hours and *hat gravity flow is not 'acceptable. flow system would not be acceptable, with the Fire Department; a grave ty Staff satd this is correct. Staff said from discussions with the neighbors. P Staff noted that I►i r, Smalien has head a meeting The hearing was opened to the public; Brad Fuller, representative for Mr. Smalien) said they have tried to address the concerns of the residents and Commission. He said their reduced the size of the park and inade it an adult (55 years or older pari.. Hp said therewill be a pressurized system with, 2 x BUTT'F COUNTY PLANNING COMMISSION Mi2WT7ES - December 9, 1993 gravity flow assistance, He said there was a meeting with the neighbors. He said they did. not agree with everything. He, asked for approval. He agreed with the conditions of the December 6, 1993 staff report. The hearing was closed. Commissioner Nelson, said he was concerned that no one in opposition was present at this meeting and with the lateness of receiving the material. He said the Commission needs time to absorb this information before making a decision. He said there may be further changes to conditions. Commissioner Lambert said this change was an improvement. She was concerned with people gathering at the store. She noted the neighbors have said the situation is better since Mr. Smallen has owned the property. Staff said they did not know if the problem of people gathering at the store or laundromat can be solved with this application: Chairman Lynch asked if a restaurant or bar would require a Use Pern-det Staff said yes, any change to this type of use would require a Use Permit.. Commissioner Lambert asked Iver. Reid, tnvironmental Health Director, if the applicant can meet the conditions as stated? Tom Reid said they are still doing soil tests. He asked, if this permit is approved, that the Commission make it clear the maximum number of spaces willbe 15. He said they will have to determine V4 machines in the laundromat .wilI meet the requirements for sewage disposal. He said the well. on the property indicates i2 GPM because of the limitation of the pump. He said the Health Department willnot issue clearance without the approval of the Regional Water Quality Control Board: Commissioner Lambert asked who enforces the requirement for seniors in the mobile hoirc park? Staff said one way willbe the Use permit conditions. Mr Fuller said HCD regulates mobile After a direct question p from the Commission, home parks in California: He said a senior ark is reg ufated by Federal Taws also: He said there will be CC&Rs for seniors only. He said there are very strict rpguladOns to abide by: Staff said there have been other senior parks aA!roved in the County - 3 DU I Ir- %-%JIJI'I1.1 r1..t%111'4JLJ.N%J %iWIV11V".301111N MINUTES - December 9, 1993 Chairman Lynch said, according to the law, they can nave a senior citizens park, but not an adult only park. He suggested Condition 13 be changed from "adult" to "senior citizens" park. 1(was mov A by Commissioner Bergman, seconded by Commissioner Ferguson; and carried to approve this project as follows: MOTION: ACCEPT THE RECOMMENDATIONS OF STAFF MEMO ]DATED DECEMBER 6, 1993; MAKE THE FINDINGS 'LISTED UNDER "A";MAKE THE MOTIONLISTED UNDER "B"INCLUDINGTHE CONDITIONS LISTED 1 THROUGIi 16. A. Find that: 1 An initial study was completed in compliance with the California Environmental Quality Act. 2. Said study and comments received thereon identified potential significant environmental effects that the project may have had, but: a Provisions in the project plans or proposals madex by or. agreed to by the applicant would avoid such effects or mitigate such effects to a point where clearly no significant environmental effects would occur. b. There is no substantial evidence before the County that the Vroject as revised may have a significant effect on the environment, 3 The proposed Negative Declaration with mitigation measures has been completed in compliance with the California Environmental. Quality Act and the initial study has been independently reviewed, analyzed, and considered by the Planning Commission and reflects the independent judgement of the County of Butte. 4, The proposed Use of the property willnot impair the integrity nor character of the zone in which the land lies and that the use would not be unreasonably incompadble with; or injurious to, surrounding property of detrimental to the health, safety, and general welfare of the persons residing or working in the neighborhoodor to the general health, welfare and safety of the County, because the density is being reduced to more closely conform to the surrounding properties and conditions are being imposed on die project that will address noise, light, traffic, safety, and health concerns; and BI)TrP COUNTY PLANNING COMMISSION MINUTES -December 9, 1993 B, Move to adopt a Negative Declaration with mitigation measures and grant a Use Permit to allow a maximum of 15 spaces for the mobile home park, a laundromat, and retail commercial uses on AP 058-260-004 (Larry Smallen) subject to the- following conditions: 1. Meet the requirements of the Environmental Health Department for water supply, sewage disposal, and waste water disposal for all proposed uses. 2. No more than 4 wash'-- machines may be installed in the laundromat. Hours of operation for the Laundromat or any other commercial use shall not commence Before 7:00 am, or extend past 10:00 'p.m. 3. Provide a designated parking area on the lower, level of the property to serve the laundromat. Utilize a combination of low fencing; curbing, and landscaping to differentiate the parking area from Skycrest Drive. 4. Parking plans forthe laundromat and all other proposed uses shall comply with Butte County Code Section 2435 and be approved by the Department of Development Services, Planning Division. As long; as no building addition is required, changes in use or. occupancy of the main dome structure that. currently houses the generalstore, may be apprvIved by the Director of Development Services. Prop osed uses shall be limited to retail uses of a light commercial character. Meet the requirements of the California State Department of Housing and Commure"ri Development for the development of the mobile home park. 7i Maintain a minimum of a 50 ft. vegetation buffer along the southerly and westerly property boundaries to reduce conflicts with surrounding properties. 8i Install a pressurized water system with fire hydrants capable of providing' a minimum of 250 gallons of water per minute for 2 hours (gievity flow is not acceptable), This requirement shall be in addition to the required' water supply for domestic purposes. 9: Meet the fire safe requirements of Public Resources Code 4290 10 Provide a permanent s to handle h increased nage and reduce elUdOft requirements of he D erosion impacts by meeting eq Department of Public Works drainage standards 5 BUTTE COUNTY PLANNING COMMISSiON MINUTES - December 9, 1993 11. Improve all interior roads serving the mobile home park, including Skycrest Drive, from the weswrly property boundary out to Concow Road, to a minimum of an RS-7 road standard. State Department of Housing and Community Development road standards shall apply if they are more stringent. 12. Meet the requirements of the California Regional Water Quality Control Board. 13. Occupancy of the mobile homes shall be restricted to persons aged 55 years or older. The 'Mobile home park shallmeet all Stateand Federal regulations governing a "senior citizen only" mobile home park. 14, 'Provide at least 1000 ,square feet of space within the dome store building as a meeting hall/recreation room for park residents. 15, gall mobile homeslaced within the P park shall be equipped or retro-fitted ith low w shower heads 2.5 gpm or less) and low flow toilets (3' gall p r flows or loss).: 16. Applir.Znt must also comply with all other applicable State and local, statutes, ordinances, and regulations. AYES: Com;nissioners Bergman, Lambert, Ferguson ani Chairman Lynch: NOES: Commissioner Nelson, ABSENT: No one ABSTAINED: No one IsSiOn . he was voting j Commission, needs COMImoree time to reviewr Nelson the material. bmitted today and notl b e a the Comma, . . the project. Y ause he is against, Chairman Lynch noted that the "revised project willincrease the neater and decrease the, density, 6 ,v. BUTTE -COUNTY PLANNING COMMISSION MINUTES - December 9 1993 rimDavis - (Item determined to be a general rule exemption from environmental review) Use Permit to allow a third dwelling on a 49 acre parcel, zonal "U" (Unciassified) and S -H (Scenic .Highway) located on the west side of Pentz Road, approximately 3000 feet north of Lime Saddle Road at 3855 Pentz Road, identified as AP 041-470-075, Paradise. 1993) (M) (Continued open f7.°om October 1.4 Staff said this hearing was continued to allow the applicant to modify his application to a temporary dwelling and this has been done. The hearing was opened to the public. Tom Wrinkle, Sierra West Surveying was present to answer questions. The heor ng was closed.. by Commissioner seconded by Commissioner Nelson, andunanimasly carried deny tuti project follows-. A: Find that the project; base! on the below acuonwillnot r -cult in a significant impact on the environment and, therefore, is not' subject to CEQA; and B. Find that the request for a third dwelling tuzit on ft- 49-1- acre parcel is not consistent with the Butte County General Plan laid use designation of Agricultural -Residential; and - C. Find that the request is not in conformance with t110 Unclassified (" U") zoning standards of the Butte Country Code; and D. Find that the project ifa roved a pp , would Lead to a residential development density that old .significantly impact the integrity of the GC,neral PIan and zoning design, v..rn on thero )j periy and could resultin a precedent setting. action that could further ,jeopardize the General Plan' and 11 Deny the reluest for a permanent third dwelling unit on AP 041470-075 (Jim Davis). Lim Div - (lrterh determined 0 be a gener411 rule exemption regarding environmental review) T e Pert i to allow a third dwellin '' - p g temporary mobile home on a 49 acre parcel zoned "U" (Unclassified) and S -H (Scenic Highway) located on the west side of Peutz Road, approximately 3000 feet north of Lime Saddle Road; at 3555 Pentz Road, identified as AP 041-474-075; Paradise. (TL) 7 BUTTE COUNTY PLANNING COMMISSION MINUTES - December 9, 1993 The Commission waived the reading of the 'Staff Findings. Staff said this is a request for a temporary third dwelling and staff supports this request. The hearing was opened to the publics Tom Wrinkle asked aboat the renewal process? Staff said, after the initial two year period, the permit can be renewed yearly. Mr. Wrinkle said Mr. Davis agrees to the conditions. The hearing was closed. Commissioner Bergman, said he stopped by to see this property and hew no problem with the project. It was moved by Commissioner Bergman, seconded by Chairman Lynch, and unanimously carried for approval as follows; A. Find that the project willnot result in a significant impact on the environment and, therefore, is not subject to CEQA~, and B Find that this proposed use of the property will not impair the integrity and character of the zone in Which the land lies and that the use would ' not be unreasonably incompatible with, or 'injurious to, surrounding properties or detrimental to the health and general welfare of the persons residing or working in the neighborhood or to the general health, Welfare, and safety of the County because the proposal complies With the intent of the provisions for temporary mobile homes; and C'. Approve the Use Permit to allow a temporary mobile home as a second dwelling on AP 04-470-075 (Jim Davin subject to the following conditions: 1 Occupancy of the mobile home is limited to Guy and Dollie nliq . a: 2 No rent is to be charged to the occupants of the mobile home. 3. Meet the requirements of the Butte County Environmental Realth Department for domestic water supply and sewage disposal, 4 The mobile home is to be a temporary use on the property pursuant to the requirements of Section 24-304 of the Butte County Code: s, RM �r COUNTY PLANNING COMMISSION MINUT ' - December 9, 1993 5. The Use Permit ,hall expire two years from the date of issuance of he Use Permit. Upon application, the Planning Commission may grant an extension of the Use Permit not exceeding one year. 6. In. the event that the applicant who is .residing within the mobile home or the conventional, residence, for any reason, moves to another location or is deceased, then in that event, the Use Permit granted herein shall automatically expire and the mobile home shall be removed within one hundred twenty (120) days. In the event the mobile home is not removed within one hundred twenty kk,&%J/ uaya yuiauaiu w U- wtuis Of ule Use Yernut, the County shall remove the mobile home and store it at the owner's expense. 7. The applicant is to pay a deposit or post a bond to cover the cost of removal in the amount of $1,5CO.00 for a single -wide; mobile or $2,000.00 fora double - wide mobile, 8. Meet the requirements of the Building, Division of the Department of Development Services, 9. r of Forestry. e(All of the: Butte County Fire Department/California Department Meet res structures must meet .Fire Safe Regulations of PRC 4290. Payment of $200 into Battalion 1 Water Tender Fund), 10 Applicant 'must and aregu�mply with all other applicable State and local statutP,s, ordinaPP lations Note; Minor changes may be approved administratively by the Director of Development Services upon receipt of a substantiated written request by the applicant. Prior to such approval, verification shall '-e made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved, Changes deemed to be major or significant in nature shall require. a formai application for amendment, environmental review to include a fellowsh property zoned TM of Skyway, approxini Skyway, identified as - (Item determined to be categorically exempt ftin jjse -Permitto allow the expansion of an existing eh;irch hall, 3 classrooms, and a community services center on Timber Mountain - 5 acre parcels) located on the east side telY 112 mile north of Nimshew Ridge Road at 15204 AP 065.090-020, Nlagalia. (TL) ('VIDEO) El BUTTE COUNTY PLANNING COMMISSION MINUTES December '9, 1993 The Commission waived the reading of the StaffReport. A vie,,eb of the site was shown. Staff gave a brief summary of the project. Staff said there are three classrooms proposed and there will be ample parking on-site. Staff said the biiggest issue is the condition for public road approaches on Skyway. Staff said the applicant f does not agree with this condition. Chairman Lynch asked if the Commission could change the number of parking spaces required in order to eliminate the removal of trees? Staff said this would take a variance to the parking requirements. Staff said these are ample trees on the property. Staff said several trees can be removed and replanted elsewhere with no problems: d` Commissioner Lambert asked if the church Wanted to have recreation events, Would they need to come back through the Commission? Staff said minor recreation, such as a volleyb:-til court, would come under the, department's jurisdiction. Commissioner Bergman asked if the church wanted a BBC? and picnic area, would it have to come back to the Commission? Staff said no The hearing was opened to the public. Mr. Kepkey said the present building is not big enough for their nerds, He said they need a fellow* lup hall: Ile said the existing classroom would become the pastor's study. He asked' that Condition 1 fa,,r publio road approaches be waived, Ht, salidi the traffic wili:be minimal: Commissioner Nelson asked if this was just for more space With no additional members? Mr. Kepkey said that is correct. He said they agree with conditions 2 30 4, and 5. He said the church hag 'written to the Regional Yater. Quality Control Board already, Commissioner Bergman asked 'f there was any intentions to turn the Cassrooms into a school? Mri Kepkey said no, the classrooms willbe used. for bible classes only. Willar'd Connors asked 'in what direction tht, water drains from this properly, towards the lake or Skyway ? Mr. Kepkey said it drains towards Skyway. 10 BUTTE COUNTY PLANNING COMMISSION MINUTES - December 9, 1993 Mr. Connors asked how close this was to the proposed school site? Staff said approximately IOW ft. below that site. Staff said this property is near the Watershed Protection Zone, but not in it. Staff said the water willdrain away from the lake. Commissioner Bergman said this is true with ,surface water, but studies have indicated otherwise on the aquifer. Roy Adams asked Mr. Bergman about his remark on the aquifer? Commissioner Bergman said studies shove underground water flows directly towards the lake from De Sabla. He said surface water may very well run towards Skyway: Mr. Adams said the church is a good many feet lower than De Sabla and they are ,below a ridge separating them from the lake. The hearing was closed. Chairman Lynch suggested deleting up to 4 spaces to save the trees: Staff said this would take a variance if the spaces do not meet the code. Staff said two spaces could be deleted to save a couple of trees. Staff said there are enough trees on the property and removal of a, few should not be a problem: Commissioner Lambert said she was concerned with Condition 1. Chairman Lynch said ;he did not see how this condition could be waived. He said Public Works is asking for tapers and not left turn ,lanes. Commissioner Bergman said he feels Condition 1 should remain. Commissioner Ferguson said the condition should be fore public road approaches. Staff said the traffic turf .,r � right onto Skyway is minimal. Staff said most of the traffic to the eft. Staff noted that there will be one way in and one way out of this property. Commissioner Ferguson said they are talking about standard public road appfoaches for ingress and egress, regardless of the amount of traffic. He said the standards are requested for both driveways by Public Works and he agrees with this condition, He did not believe the Commission should allow a sdbsta.idard driveway. $UT'TB COUNTY PLANNING COMMISSION NERIT TFS December 0, 199 It was moved by Commissioner Bergman, seconded by Commissioner Lambert, and unanimously carried for approval as follows; A. Find that the proposed expansion is a Class 1 (e.2) exemption from the provisions of CEQAi; and B. Find that the proposed expansion, subj% ct to, the attached conditions, complies with the TIA-5 zoning standards and is compatible with the integrity and character of the zoning and General Plan land use designations for the property; and - C. Find that the expansion to the church is compatible with, and will not result in a detrimental impact to the generrid health, welfare; and safety of neighboring properties because the use does; not represent an activity that would create potential conflicts; aril D. Approve the Use Permit to allow an expansion of an existing church on AP 065- 090-020 (Robert Kepkey) subject to the following conditions; 1. Prior to occupancy of the expanded area, the applicant shall construct a standard S-18 public road approach for both driveways of the church. improvement and drainage `plans for Condition 1, and provide submit rtio 2, Prior to issuance of building permits, thea applicant shall su p b information.. as to the need_ for a left turn lane on the Skym ay to ,the Public Works Department. 3: Prior to issuance of building permits, the applicant shall provide information PP to the Ref' nal Water Quality Control: Board that an expansion to the existing sewage system is not necessary, or obtain the necessary permits required for an expansion. 4. All new structures must meet the fire safe regulations of PRC 4290 and Butte, County Fire Department. Pay $200.00 into the Battalion 1 Water Tender Fund, 5. A,'pplicant must also comply with all other applicable State and ';local statutes; ordinances, and regulations. Note Minor changes may be approved administratively by the Director of Development Services upon receipt of a substantiated written request by the applicant, Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the G d environmental determunation as conditionally application, fees. pard anG y approved, Changes deemed to be major or significant in nature shall r uire a formal, a lication for amendment. 12 , BUTTE COUNTY PLANNING COMMISSION MINUTES - Dec ember 9, 1993 frrom1 bp= and Ass fates �- (Item determined to be categorically exempt -environmental review) Use Permit to add an additional underground 12,00 gallon fuel storage tank to an existing service station on property zoned C-2 (General. Commercial) located on the north side of East Avenue, approximately 150 feet west of State Highway 99 at 360 last Avenue, identified as AP OOt - 510-5411, Chico. (LPN The Commission waived the reading of the Staff Report. Staff gave a brief description of the project; The hearing was opened to the public. Dave Colman, with Chevron, said they agree with the conditions and asked that the permit be approved. The hearing was closed. It was moved by Commissioner Nelson, seconded by Commissioner Lambert, and unanimously carried for approval as follows: A. Note that an initial study was performe previous 1991 Use Permit "quest, in compliance wit" Califon 'imeatal Quality Act and that diere are no significant imps nd that r been no significant changes in the project or the surrouniz.._,A area to a new initial study; and B. Find that the Planning Commission hay independently reviewed, analyzed and e Negative Declaration prior to making its decision on the project and �ifind fat the Negative Declaration reflects the independent judgement of the County of Butte; and C. Adopt the Negative Declarations anti 11 Find that the proposed use is compatible with the integrity and character of the C-2 Zone and the General Plan designation of Commercial; and E4 Find that the project, as conditioned, willnot result in a detrimental impact to the general health, safety, mid welfare of neighboring properties and F. Approve the Use Permit to allow a 12,000 gallon fuel storage tank cin AP 006- 510 -041 06-510-041 (Robert R. Lee & Associates) subject to the following conditions. 1. Building permit fees and any current, or new, impact fees are to be paid at the fee level in place at the time F the application for the building permit.: 13 BUTTE couNTY PLANNING COMMISSION MINUTES - December 9, 1993 2. Meet Environmental Health plan review and permitting requirements for underground storage tank installation and operation. Meet Environmental � Health requirements for submittal of ha�arlous material storage facility business plans: st also comply wiffi, all other a lcable State and local and 3 Applicant mu,,,t re ua7,:s. Ppi statutes; ordinances, gula Note: minor changes may be approved administratively by the Director of Development Services upon receipt of a subsuintiated written request by the applicant. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved: Changes deemed to be major or significant in ;nature shall require _a formal application for amendment: Due to an error on the Agenda, the hearing for Larry Smallen was re-opened. The hearing was to be at 10:30 a.m. and not 9:00 atm. It was moved by Commissioner Nelson, seconded by Commissioner Lambert, and unanimously carried to rescind the previous motion for .approval. Commissioner Nelson suggested this hearing be continued open 1�ecause Mn Sn'allen has already left. Chairman Lynch stated the changes in the project for those present in the audience, i.e., from 18 spaces to 15 spaces in `the mobile home parr; and the elimination of t'e RV and overnight camping spaces. The hearing was opened to the public: Jim Bergman, attorney for the neighbors, requested this hearing be continued. He said there was a meeting with the neighbors, stat they are still not in agreement with OUS project. it was moved by "Commissioner La#nbert; seconded by Commissioner Nelson, and unanimously carried to continue this hearing open to January 27, 1994 at 9:10, a.m. R ert 'Tavlor� ringtoific Plan Item on which a Draft Agricultural Residendal to tow and Medium Density Residential, Foothill _ . from Environmental Impact Report has been prepared, general Plan-Amo Foo r esidential and Commercial; Re ag from FR-10 (Foothill 01 is - :t±on 1(3 acre parcels) to C-2 (General Commercial), R-C (Resource onservAdon)* R4. 14 i BUTTE COUNTY PLANNING COMMISSION MINUTES December 9, 1993 Ii (Residential), R.-2 (Residential) and P -Q (Public - Quasi/Public) and approval of a Sbeaific. Plan 'for property located on the north side of Forbestown Road, east of Olive Highway, identified as AP 072-180-016, 017, 026, 028, 029, 030, 072 190-005, 007, 013, 014, 025, Oroville. (TL) Staff said of the three requests, General Plan Amendment, Rezone, and Specific Plan, the mos, detailed is the Specific Plan, Staff said the Specific Plan proposes a mixed' use master plan development including a resort wellness center, 3 acre professionaltbusiness center, 11.6 unit single-family homes on lot sizes ranging from 1/4 to 1/2 acre in size, 22 duplexes, 32 multi -family units, a 1/2 acre site for a .future fire station, and 26 acres of open space including a park„ Staff said the Specific Plan provides development, and design policies specific for this development. Staff said any development that would occur, would :.i -quire the applicant to come back to the Commission and Board of Supervisors for a PUD for the single-family homes and duplexes. Staff s<�id they are comfortable with the policies in the EIR. Staff said one of the main issues to be addressed is leapfrog development which would need special findings if this project is approved. Staff discussed the extension of sewer and water lines to this project. Staff said this project is 1 114 miles from the Oaks commercial and residential center. Staff said they need to look at the Loafer Creek Recreational Area. Staff said there has been discussion on whether the State was to provide recreational facilities. Staff said approximately one year ago the US Forest Service contacted the County in terms of looking to combine forest district stations between the Oroville and La Porte ranger district stations and they want to locate in this immediate vicinity.. y Staff said another issue is Air Quality impacts. Staff said the matter is to reduce impacts as much its possible. Staff said another issue is the impacts on deer herd winter range. Staff discussed the report by Jones and Stokes. Staff said this project j to allow open space and corridors for the deer herds. Staff said�they dare usinrfavorl of the pioject, but there will have to he findings of overriding considerations if this project is approved Chairman Lynch asked how they can justify the open space corridor if it does not go. through the whole property. Staff said this area would have to be redesigned. Staff said the PUD hearing, would address this problem. Staff said the plan on the, wall was conceptual. Commissioner Ferguson asked how the possibility of a forest station being across the street affects this project? he reviewed by the County, Staff said there is no direct connection the between the would projects but should the facility go in, the issue of growth P induced impacts to adjacent development is reduced, Chairman Lynch said in the Draft ETR there is 1He said the Faire Deeppartmen Station a ld - in the final document it is down to ,64 acre. -I- Department wants 1. acres. 15 BU1171113 COUNTY PLANNING COMMISSION MINUTES - December 9,, 1993 Staff sae; they have not received any comments to this effect from the Fire Department. Chairman Lynch said it also appears there has been a reduction of 15-20 acres in open space in the course of this EIR document and Specific Plan. Staff said there have been changes from the draft to the final document. Staff said in the final document the applicant was required to provide accurate figures. Commissioner Nelson asked if Anyone has done an economic analysis for this project Staff said Mr. Wade and Tony -St. Amant are working on the analysis. Chairman Lynch noted the submittal of a report dated 11-30-93 by Mike Evans. The hearing was opened to the public. Mr. Taylor said he came to Oroville 30 years ago. He discussed some of the projects in this area he has already done. He discussed the quality of this proposed project. Mike Evans, representative for Mr. Taylor and part owner in the project, gave an outline of the'project. He said 1076 of the :112 acres of the single-fainily section would be for open space. Ms. Evans gave a slide show presentation of the project. Mr. Evans said the project began in 1985. He said they do not expect construction to start until 1995. He said that all intersections, except the most northerly one, will have left turn lanes. He submitted a circulation map. He $paid Wade and Associates prepared the Specific Plan. Dave Wade ' said he would be hsrt,y to answer questions. He said they have prepared a draft fiscal analysis and it ha,, , been, sent to Administration for review. He said the project willpay its way. He said the project willgenerally cost the County $100,000 a year, sheriff, fire, courts, etc, He said the project willgenerate an estimated $115 to $140,000 revenue. He discussed some of the tax revenues that would occur from this project. Mike Evans discussed air quality. He said they would like the air quality as clear as ssible. He said there is a heavy emphasis on bi poon and pedestrian paths. He said they are proposing future shuttle opportunities to help cut down on traffic. He said the open space willhelp mitigate impact to tho deer. He said he was on the Deer Herd Committee for the County: He said the Deer Herd study was done prior to the ER -10 zoning of this property. He said they wMink the open space corridor to the adjacent propertyWhich.He roque i� 7 :pr''e discussed the sewer and water line aii'gnment to this property, He to the e� $� H val of the project Commissioner Bergman asked about Staa: r ; to 162 being sched0led to be 'paved? Mr. Evans said the Highway 162 corridor through to Buck's Lake Yeas been a gravel road for many years. He said, through the efforts of Butte and Counties, there i6 ` f BUTTE COUNTY PLANNING COMMISSION MINUTES Dw,,,amber 9, 159; I's an agreement to fund pavement of this road and he believes it is due to be complete by 1995-96. He Bald this will provide a back door route for the Oroville area to 'get to Reno via Buck's Lake instead of using the Highway 70 corridor. He said this will add to their tourism 1'.�`affic; Commissioner Ferguson asked if the paving of this route was taken into consideration when the requirerx.., Vis for the left turn channelization at the upper access road was analized? Mr. Evans said he did not know. He said this property is adjacent to OWID water district and not within. He said there is clearly a need for public water service. He said annexation to the district will probably require an EIR. He said they would like approval on this project before going before ,IAFCo to annex to O NID. He said the key to this project is to generate dernand and not supply: Commissioner Nek;3Kin ".,ihed if they would build the houses first or the resort? Mr. Evans said tho intention is to lay out all the future uses of this Plan. He said if he came in with the PUD pian first, the Commission would bring up the condition for the resort being built. Commissioner Nelson said if the resort is oot built, the residential development would be a liability to the County. Mr, Taylor said the intent is to b ild the resort first. He said it is the intent to look for a partner to do a world class resort, He said if the has to build the resort himself, without bringing in a pw,rtf n_r, they would have to build the residential development first to help pay for the resot Commissioner Nelsonswic' the st Jing p -+int of this project has been the resort. He asked what would happen if the ro,. ort 'Is.:..gilt and not the residential? Mr, Taylor said tho port titiili not suparr; itself and will need the, residential des.,^lopment Mr. "Berdwick, Hurleton Raad, said he is agaltist this project. He said it will impact everyone who lives; near this property. He does not want under 10 acre zoning in the area, Vern Chadwick, Oroville, discussed logging trucks on Highway 162, He said this project will not add to Oroviile, but will draw away from Oroville He asked how this Will impact Loafer Creek, He raid Kelly Ridge impacts people who want to visit the 'dam and this project wiil impa,,i Loafer Creek. He discussed the loss of trees and wildlife if this project is approved. He said this would take away the privilege for all but Xhe rich to enjoy the lake. 17 BUTTE COUNTY PLAmuNt; GOMMISSION MINUTES - December 9, 1993 Eliza Johnson said she was told there were no plans for this type of development being proposed in this County. She said the applicant has not spoken to people in the. community. She said there has been no consideration of the people in the area. She said they have denieJ everyone out there the right to participate in this project. She said Mr. Taylor does riot pay one cent to improve the roads and sells water from the property. She discussed deer and the fact that she does not fence her property. She was against this project. She stated she has consistently asked for a master plan of the lake. Michael Pier, Swedes Flat Road, said he has been here _18 years and he wants to enjoy the spare, lake, etc. He said this is a rare opportunity to work with a group of professional people. He said he is not surprised more people want to enjoy Oroville and the lake. He said this project willimprove the image of Qroville. He said the land has very few other uses. He said this project willcreate jobs and tax revenue. He said ore trees will be planted than are removed with a project like this one. He was in favor of the project, William Mau said he is the only person_ living adjacent to thisro p perty. He said this project willbenefit him with the availability of water and sewer lines and it will benefit the other surrounding properties. He said Kelly Ridge did not impact the deer and this prcieet will not impact them, He was in favor of the project'. Richard Sutherland, Oroville Chamber of Commerce, said he supports this development. He said the economic potential is large. He said the Chamber requests the Commission approve this project. Ron Damberger, 240 Sunday Drive, Stringtown, said he owns Lake Oro Bed and Breakfast. He said the project willadd tourism and help his business. He was in favor of the 'project. He said the community needs outside money. 'He said he was in favor of this P j Gunter Ranft submitted petitions from the neighbors against this project. He discussed the zoning and the deer. He said if this type of project gets a foot in the door, they Will develop .further into the deer habitat. He discussed the taxes the property now pays_. He said the Commission should know how many negative impacts thin pro'ect will have. He said he was 'willingto bu the ro ) Y Property from Mr. Taylor. and develop it As FR 10 and not have the impact this project will. He discussed the proposed Fire Stationi He said Kelly Ridge is 4 miles away. He said , who will build the new station, pm buy equient, etc! He asked who Willmar, the station? He wanted to know the fiscal impacts of this project, He said he was surprised staff is condoning this project. He was against the project+ Mr. Ranh 'would like it to be noted that he was cut, short and would Like more time to speak when the Commission reconvenes. BUTTE COUNTY PLANNING COMMISSION MINUTES - December 9, 1993 Lunch break from 12.35 to 1:45 P.M. Mike Evans said he lives on 2.5 acres east of the property. He said the only known adjacent property owner is Mr. Mau. Fie requested copies of the petitions submitted by Mr. Ranfit and said he would add these people to their mailing list. Mr. Rarift said he was surprised this project was going on. He said he hopes the Commission will look at all the pros and cons of this project. Staff said the Commission should take public comments today and staff Will bring back a draft motion at the 'next scheduled hearing. Staff said copies of the fiscal analysis will r be ready then also, Commissioner Lambert asked about the 112 acres discussed versus the 171 acres noted in the report? Mr. Evans said the whole project is on 171 acres, the 112 acres is the single-family dwelling section of the plana Chairman Lynch asked if they are`prognosing a world class resort, howcan they provide for middle' class hornes? He said the two do not ft together. He questioned the lack of provision for RV and boat parking and storage. He said this will be a factor. Staff said Loafer Creek is across from this property with a launch ramp. Chairman Lynch; said the boats will still have to bs stored at the homes and this has not been addressed. He said this €,41 a new town L • `apment, He sa€d one thing that could be done is a bond guaranteeing no cost to Countv. He said he was glad to see they dida market survey. He suggested a time I€rnit on the General plan change, then; if the resod is not done, the Genera Plan designation Would revert back to what it Was, Commissioner Bergman said he has a concern and Wants to know approximately how many jobs this Will create? He said if the water and sewer is made available to the ne€ghbors, what will they have to pay? Staff said, regarding Highway 162, the road is paved except for approximately 5 'miles Of it. Commissioner Nelson said he did not like the residential se0floh supporting the building of the resort. He said the resort should come first. Staff said the project is revolved around the resort with a 'health center and residential development _ i9 I, AI BU- E COUNTY PLANNING COMMISSION MINUTES December 9, 1993 Commissioner Nelson said if the market does not bar the resort, they will be left with 112 acres of leapfrog residential development. He said he was not comfortable with this project. Chairman Lynch said the County should research the bonding process for some guarantees this wil' not cost the County. Commissioner Ferguson said he would be interested to know if Kelly Ridge is a money maker for the County. commissioner Nelson said he also feels the Commission is not comfortable With this project. Commissioner Lambert said this project has mixed uses the same as a new town concept. She said she wants to see where the General Pian update is heading before dociding on this project. Chairman Lynch said he does not want to close the door on this project, but wants to see some strict criteria. Staff disagreed'. Staff said a new town is a lot of commercial and industrial and is self- supporting, He said this is not a nen t being prleapfrog ralBevel said they have provided overriding findings to support this as opment the same as any proposed development around Lake Oroville. Commissioner Bergman discussed this development having the same tone as a development such as Apply Vallay, Chairman Lynch said he was more concerned with having a guarantee that the resort will be built, Commissioner Lambert discussed bonding and a time limit on the Specific Plan, chairman something edesignation amount of time they could hLynch ynrginIGeealPlan andzoong staff said they did not think the Commission could do that, Staff said they would look into the possibility; Commissioner Lambert said she Was hot comfortable with the findings of overriding consideration as being adecuate. it was moved by Commissioner Lambart, seconded by Commissioner Nelson, and unanimously carried to continue this hearing" open to January 271 1994 at 1020 a.m. 20 r� IV BUTTE CObNTY PLANNING COMMISSION MINUTES December 9, 1993 Discussion - Steve Honeycutt - Draft Environmental Impact Report for the CSA - 87 Specific Plan. Mr. Honeycutt said the draft EIR is not ready and he passed out the draft Specific Plan to the Commission. HE said .this is a 3595 acre project. He discussed the 4 creeks and girl od adjacent to this land. He discussed the meadowfoam, wetlands, and leapfrog development in the area. He said they have tried to recognize that Chico will expand. He said on Page 3-5 of the plan the General Plan change will be necessary for the village core. Hesaid the draft EIR will be to staff on Monday, He said they have toned down the density of the project and have increased the light industrial land uses. Commissioner Lambert asked if a field trip would be helpful? Mr. Honeycutt said yes. Ile said he would like a public hearing on the Draft EIB. He also suggested gg that the Commission .meet. in Chico, Chairman Lynch was against the idea of meeting in Chico because it would set a precedent for other projects. He said the Commission should Meet in the Board Room, There was a discussion on publishing time to schedule this project and a discussion on when the EIR review period would be over: It was moved by Commissioner Nel;on, seconded by Commissioner Lambert and unanimously carried to publish this hearing for February 10, 1994 at 9:00 a.m. and to hold the 9:00 a.m. to 10:30 a.m time slot open for this project. Commissioner Ferguson asked that the field trip be scheduled before the February ? 0th meeting. Chairman Lynch asked that the field trip scheduling be done at the January 13 1994 Meeting on the agenda as a miscellaneous item. B public h city Beard of S�rpPrvisnr� _ The Planning Commission1. ;vill conduci a u p hearing to coconsider the Issues and Options Report prepared as part r1f the current update of the General Plan. The Comitussion�°Yll also receive a staff report summarizing public comments And making recommendations concerning the Issues and tions R ; Op Report, The Commission "!accept public; oral* and written comments and will forward its reconimendations on this phase of the General Plan update to the Board of Stipervisors. November 30, 1993) (BF) (Continued open from Staff stated thas . the third meeting on the Issues and Options report, Staff submitted` is a memo dated 1219/93 adding a proposed statement regarding water resources: 21 BUTTE COUNTY PLANNING COMMISSION MINUTES -December 9, 1993 Commissioner Nelson said they need to take public testimony. The hearing was opened to the public. Wilbur Conner, Sterling City, said he was concerned with the comments in the newspaper on the amount of water being wrong. He said there is one sewer in the center of town. He said there are only three open lots left to develop on this sewer system. He discussed the water plant being set up for only Sterling City. He said there is no excess water. He said if the town expanded, there is no sewer facility and no water. He said all the lard surrounding Sterling City is owned by Diamond and zoned TPZ. He said there is snow in Sterling City 5 months out of the year and the roads are impassable. Bill Conners said Supervisor Thomas makes decisions about Sterling City without any input from the residents. He said there are no emergency exits from the city, Commissioner Bergman asked if the roads are passable from Butte Meadows to Sterling City during the snow? Mr. Conners said no. He said the priority for snow plows is given to the Pines. Nick: Monte, Citizens For Responsible Land Use, said his committee is opposed to the General Plan Issues and Option report. He said they are mostly opposed to the exclusion of 5 acre parcels which is the main attraction in the rural areas. Re aid he did not want property zoned up or down. He said this `General Plan update can be successful if the process is democratic. He said the people want to F, rticipate in the process. He said this process needs to meet the concerns of all the property owners. He said the proposed General Plan amendment was a no -growth measure. He said the Commission should send this plan back to the consultant for a plan that most people can agree with. He said there are statements in this report that are' untrue. He said this County needs growth. He said he was not interested in new cities. Heid he wants the zoning to stay as it is and for them to encourage 5 acre parcels in the rural area's. He said the .Planning Department has already put. some of these policies into action before it is approved. He said Land Development ignores County policies. He was against this plan. Keith Gurney, Rancho Esquon, said they need to preserve ag. land. He said it is understandable: to direct growth to 'existing cities, He said he agrees with developing an Agricultural Element. He agreed with the statement by staff and Commission that the General Plan update should not be drafted to suppl}` a single option or concept to the entire County, He said in respects to Land Use Options 1 and, the Commission should look very, seriously at the ability of the city and spheres to accommodate the project growth of the County before adopting Option l or 2, He said on Option 4 'there is a lot of fear regarding creating new communities. He said there should be criteria and conditions well defined in order to allow new communities. He said 'there are I nconsistencies betwoen the Energy and Natural Resources Blernent and the issues and Option report. 21 yrs .'L,w'' v gy� ,� �� y F BUTTE COUNTY PLANNING COMMISSION .MINUTES - December 9, 1993 Bill Wilson said the Governor of California says that over regulation is contributing to problems and bankruptcy in Butte County. Ile discussed r monitoring impacts fo harvesting hardwood. He discussed fencing off riparian corridors. He said Page 5-fo of the report says "riparian habitat, regulations of biological resources, etc He said the County should quit paying taxes and file bankruptcy. The hearing was closed, Chairman Lynch said he did not think the consultants have done the County any favors with this document. He said they have tried to fix something that was not 'broken. He said the Commission should have gone through the present General Plan and he did not want to give his name to this document going forward. Commissioner Bergman agreed, saying he could have written _a better documents Chairman Lynch said he did not blame staff, but the consultant: S ff said the County has embarked on a format and would :.not want to change it. Staff :maid 'l^.4 consultant has followed the pattern set out by the Board of Supervisors. Commissioner 1*M'. n1 Wd the consultants have come up with a conceptfor some things to stay the way :oxine things to change and what kind of changes are needed. He said this ; -d the General Plan. ocunient is rkrt t13� Gr,:neral plan and Was never intended to be Commissioner Lambert said the Board gave Mintier directif-a and he is following that direction, Commissioner Lambert said on page 2 of the draft memo from stafr she would like change the word "flexibility`to "conside�ttion or recognition to take into consideration. She said on Pae 3 , 1st paragraph regarding Page � P g P g g Option 4, FiIDs and Specific P1ar.,R, Deve!opment ,Agreements should be part of this discussion. She asked if they were heading in that direction, to have weal planned and space efficient development and to secure significant long term.' open space 'easements consideration9 as a method, if Option 4 was a Chairman Lynch said there should be some financial assurances that the developments wilipay their own way. :nissioner Bergman said an Page 3, third line in the 2nd paragraph; it says development should occur away from productive crops and orchard lands. He said on Option 5 it says they should support more area being dedicated for rural residential use and the mountain and age lands should be avoided; He suggested striking out the' word "mountain,": 23 BUTTE COUNTY PLANNING COMMISSION MINU'T'ES F Derember 9, 1993 people P who i Commissioner Lambert said there were P ���1,.,°,� ovnosed to development in � the foothills. Commissioner Bergman did not 'think they could please everyone. He said to protect agricultural land they will have to use foothill and mountain areas for development. Commissioner Nelson said they do not want to encourage 5 acre parcels, but can not do anything about what is already there. Staff said, from the Commissions discussion, if there is going to be new d velopment that it y and not in agriculture and higher elevations,. should occur in tl�e vane and foothills Comn-dssioner Bergman said, when .reading this document (Issues and Option), it is very easy, to understand why people think this is a. no -growth, option. He said it needs to say orderly growth. impressionCommissionethatNwhat iselson saithere the expansion,document implies expansion. He said it was his ere. Do ,tut encourage more rural residential .. Commissioner Lambert suggested under land use Option ',s change "encourage" to "do .to let or " . g the road. Level of Service t �beeLevel G but is not a �e levefor l Strinst wni is �kut for g ng about Level E. She said on Option 5 change it to say "the Commission does not feel 'there is a need for expansion Of this type of development". Commissioner Ferguson said he was not sure flus was 'true. Staff suggested the word be left as it is and staff will come back with alternatives. Chairman Lynch said they need to decide whether the General Plan is going to drive or the zoning is going to drive, He said there are areas where the 5 acre zoning does not comply with the General Plan: Staff said when there is a draft General Plan land use map and proposals they might be able to present tables what die probable zoning changes might be, Commissioner Bergman suggested in Option 5, delete the lines starting with the word "however" and ending with the word "development" Comnlissione'r Nelson said that would be letting the Board make the decision. He said' he thought it was the consensus of the Commission to noten courage any more 5 acre parcels, but leave the ones 'that are already created alone, Chairman Lynch suggested they leave this pant as is. Comriissioners Lambert, Nelson, and Ferguson agreed, 24 Commissioner Ferguson 'said Highway 162,1s level of service is E. He said this is a concern they willhave to deal with on the Stringtown project.. Commissioner Berg►nan asked if they should encourage the Board of Supervisors to appohnt a water master to keep track of ground water? Commissioner Nelson asked if there was any monitoring at the Environmental Health level? Staff did not believe there is any County groundwater monitoring. Commissioner by acel anda large parcel? i esmall paeer what rt asked on Page sldraft from staff, waste water, whLt is mean Commissioner Nelson said on R -I, R-2 the Commission does not want to encourage septic systems on urban size lots. Commissioner Ferguson said under the 7th .item on Page 5, regarding additional access across the river, is needed. He did not remember this -part of the discussion. Chairwian Lynch said he,'brought this item. up. 1:e `said if they are going to have development, there has to be access between Gridley and Qroville across the Feather River, Commissioner Ferguson said he did not think this was a high priority: Chairman Lynch said it can be taken out. Staff said they can go with a generai statement. Commissioner Lambert discussed fiscal analysis that supports the General Plan proposals. She asked if they wanted a fiscal analysis that supports the general Plan p��posals or do they want a fiscal analysis of the General Plan? Chairman Lynch said he thinks they want a fiscal analysis of the General Plan. Commissioner Lamb: rt suggested changing "supporoll to "of". Staff noted the insertion on water quality and this was ab eeeabie with the Commission. Cha rrnatt Lynch noted they have not seen the Cities General Flans, Commissioner Lambert asked that representatives from the cities could iitake a presentation to the Commission on their General Plans. 25 r, 3UTI"E COUNTY PLANNING COM,'�YISSIOIV MfI1V!`TTES December 9, 1993 Chairman Lynch, us Y just -avanted a statement in the minutes that the Corn��ussn has not ia seen the cities plans. He said keep the rest of the state that the Commission has not seen statements, but add i statement the cities, ;plans. Staff said they can not say anything on the Cities plans at this time, Commissioner Ferguson said on Page 8 regarding the discussion '110c asked where on Oro Dam 131vd,2 on Oro Ilam Blvd. Staffsaid Oro :Dam Nest. Road marea Commissioner industrial.- Hlecquesti the property between Highway 70 at Pacific Heights Ferguson questioned traffic safety in this area. Chairman Lynch said tihe land is already zoned Industrial. Staff said this is why there is a limited 'industrial zone at this location. Staff uses are more restricted than an Industrial zone.f said the Commissioner Bergman discussed that there is a commiitEe in place than is investigating the possibility of,going ere north ng to LAFCo to dissolve Paradise sphere of the Commissioner Lainbert said Page 9 talked about an analysis of s her conducted, and asked if Paradise is planning to conduct an analysis? P es being Commissioner Bergman said the Town of Paradise is _ point gint in time. considering their options at this Staff said when the Town of Paradise conducted an analysis of their own town limits, they did not do anything • mils, ydu g outside their city limits: Commissioner Bergman said a sphere is a re ` ` People have no intention of being annexed o tie Tow . for annexation and the Pines. Staff asked if the Commission Was ready to move this report .forward to the Ward? Commissioner Bergman said he would like to see the changes made today 'before sending it for ard, Commissioner Nelson did not feel there were that many changes, Cornmissonrr Bergman said he would still like to read it before itoes to w g the Board, It was moved by Con:,, `ssioner Ber man, seconded by Commissioner continue this item to January 13, 1994 Yat 9:00 a,tn, to review the final draft a drat that time the can s t g h�; ,Board of Supervisors: Y recoMnerid sending this forward to 26 z y , LAND OF NATURAL �Nl,ALTH AND BEAUTY PL ANNINC 01VI SION' DEPARTMENT OF 0ZxW 1.OP' `TENT SERVICES 7 COUNTY CENTER DRIVE ORC ALLE CALIFORNIA 99965-5997 TELEPHONE "1815^9.7601 W (. (916, $36^ j`cs BUTTE COUNTY 'PLANNING COMMISSION December 9, 1993 TIME: 9:00 a.m. PLACE'; Board of Supervisors' Room County Administration' w . -nter 25 County Center lir Oroville, CA 95965 I. PLEDt't' OF ALLEGIANCE 1I. ROLL CALL 11111. MINUTES - Approval of the minutes for November 11, 19W1, I.V BUSINESS FROM THE FLOOR ON ITEMS NOT ALREADY'ON THE AGENDA (Presentations will be limited to five minutes. The Planning Commission is prohibited by State Lava from taking action on any item presented if it not listed on the Agenda) Vi, PUBLIC HEARING . PROCEDURE The Chair will :all for. A: Staff Comments B. Open the hearing to the public 1. Proponents 2. Opponents 3. proponents rebuttal 4. Opponents rebuttal C. Close hearing to the public D. Commission discussion Es Motion 41 j F 'r BUTTE COUNTY PLANNING 'COMMISSION AGENDA - CiaMember 9, 199 F. Vot,* It is requested that presentations be limited to a maximum of q p 5 minutes so that all interested parties will have an opportunity to address the CommissQ. Following your presentation, please print your name and address on the speakers sheet so that the record will be accurate. V1. PUBLIC HEARINGS. 9.00 aan. - Larry Smallen - proposed Negative Declaration with mitigation measures regarding environmental review and Uto allow 18 mobile home se Permit spaces, 6 RV spaces, 4 overnight camping spaces, a laundromat, alid commercial retail space, on property zoned H -C (Highway Commercial) located on the northwest side of Highway 70, southwest of Concow Road, at 3610 Skycrest Drive, identified as AP 058-260-004, Oroville. (CRS) (Continued open from September 13, 1993) 3:,00 a.m. -Jim Davis - (Item determined to be a general rule exemption from environmental review) Use Permit to allow a third dwelling on a 49 acre cel, zoned„ ”(Uncla (Unclassified) and S -H (Scenic Highway) located on thewe o of , approximately 3000 feet , north of Lime Saddle Road at 3855 Pentz Road, identified as AP 041-470075, Paradise. (TL) (Continued open from October 14, 1993) 9:00 a.m. - Jim Davis - (Item determined to be a general mule exemption regarding environmental review) Use rlrmlt to allow a third dwelling as a temporary mobile home on a 49 acre parcel zoned U UnclastifienS- (S (Scenic Highway) Iocatod Road on the west side of Pentz approximately - feet north of Lime Saddle Road, at 3855 Pentz Road, identified as AP 041- 470-0715, Paradise. (TL) 9:00 a.m, -Robert R: Kepkey - (item determined to be categorically exempt from envitoil rrnIncal review) Use Permit to allow the expansion of an existing church to include a fellowship hall, 3 classrooms, Arid a community services center on property zoned TM -5 (Timer Mountain - 5 acre Parcels) located on the east side of Skyway, apprsximately 1I2 mile north Of Nimshew Ridge Road at 15204 Skyway, ldehWfOd as AP 065-090-020,' Magalia, (TL) (ViDE-C) 9:00 a.m, _Robep H. Lee and Associates (Itetr determined to be categorically exempt from environmental review) Use Permit to add an additional underground 12,000 gallon fuel storage tank to an existing service station on property zoned C=2 (0enertil Commercial) located on the north site BUTTE COUNTY 'PLANNING COMMISSION AGENDA - December 9, 1993 of East Avenue, approximately 150 feet west (.%f U, S. Highway 99 at 360 East Avenue, identified as AP 006-510-041, Chic,, 'LPW) 10.30 a.m. Robed Taylor, 5 Mountain Specific Plan - Item on which a Draft Environmental Impact Report has been prepared,,General Plan Amendment from Agricultural F �sidentiai to Low and Medium Density Residential, Foothill Area Residential and Commercial; Rezone from 1=R-10 (Foothill Recreational - 16 acre parcels) to C-2 (General Commercial), R -C (Resource Conservation), R-1 (Residential), R-2 (Residential) and P -Q (Public - Quasi/Public); and approval of a Specific Plan for property Iodated on the north side of Forbestown Road, east of Olive Highway; identi� ed as AP 072-180-016, 017, 026, 028, 029; 030; 072-190-005, 007, 013, 014, 025, Oroville. (TL) 10:30 a.m. -Discussion - Steve 'Honeycutt Draft Environmental Impact Report for CSA 87 Specific Plan: 1;30 a.m. -Butte County Board of Su erviso,cs - The Planning Commission Will donduct a public hearing to consider the Issues and Options Report prepared as part of the current 0pdate of the General Plan, The Commission Will also receive a staff report summarizing public comments and making recommendations concerning the Issues and Options Report, The Commission will accept public, oral, and written comments and will forward its recommendations on this phase of the General Plan update to the Board of Supervisors, (BF) (Continued open from Novembr,r 30, 1993) VI. ADJOU'ANMENT s BUTTE COUNTY PLANNING COMMISSION MINUTES - Novem6nr 30, 1993 11 PLEDGE OF ALLEG.,ANCE Ji. POLL CALL; Present- Commissioners Nelson, Ferguson, Lambert, Bergman, and Chairman Lynch Also Present, Paula Leasure, Principal Planner Lisa Purvis Wilson, Asso. Planner Tom Last, Senior Planner Craig. Sanders, Associate Planner Bill Farrel, Development Serv. Dir, Nick 51lena, Chico Enter, Record Lynn RlGhardson, Secretary Ill. BUSINESS FROM THE FLOOR ON ITEMS NOT ALREADY ON THE AGENDA Presentations will be limited to five minutes, The Planning Commission IS' prohibited by State Law from taking action on any item presented if itis not listed on the Agenda) None, IV4 PUBLIC HEARING PROCEDURE The Chair will call for; A; Staff Comments B, Open the hearing to the public 1. Proponents 2`. Opponents 1 Proponents cabuttal 4, Opponents rebuttal C. Close hearit ig to the public D Commission discussion E. Motion F Vote It is requested tha: presentations be limited to a maximum of a minutes so that all interested parties will have an opportunity to address the Commissiohi Following your presentation, please print your name and address on the speakers sheet so that the record will be accurate, ;. P" r ,F 1' (t ` BUi`I"E COUNTY PLANNING COMMISSION MINUTES - November 3A, 1993 V PUBLIC HEARINGS, Butte County Board of Subeors _ public hearing to consider the Issues and Planning tion gRe°mmission will conduct a the current ,+lpc{ate of the General Plan. The Commission port prepared as part of report summarizing public comments and making recornmehda{io receive a staff twritten he Issues and Options Report, The Commission will ;ac ons concerning General Plan comments d will forward its recommendations on public, oral' and update,o the Board of Supervisors, (BF)(Cont niued open froase of hm `wember 17, 1993) Staff introduced Bob Bergman to the Commission as the new 5th District, Staff said Mr. Bergman has been nstM Cor,���;lssioner from the ex:ansion efforts. omental +i the Highway 191 Commissioner Bergman said he was glad to be aboard, He said by trade. He said he has a background in development the was an engineer been on both sides, as a developer and as a committee member He said he has in Magalia, especially with Highway 191, trying to j-lrovide a .ember, He said he is active hill. n escape route across the Staff submitted a draft metno to the Board of Supervisors and November 23, 199, Staff said ppt a of the options warrant more discussion, I, ed Options. 3,4, .and 5, Staff said. Cha..pters 2, 3, and 4 0 ` ofthe Issues and Options eed to be discussed, Staff said the Commission should take public cornme this hearing to December 9, 1993 to make the final recommendation, nts and continue Commissioner Lambert asked if thin meetingwould ommendation, old be continued open or closed? Staff suggested the meetinconsider the Cg be continued open to The hearing City's General Plans, g was opened to the public, Celia McAdams, Butte County Association of GoverniriG p 5 ntsy said her comments are in She said there is ve little _ on` She said there are four ry mon u t regards to traas ortation and eirculati ! em said most of the money available Wouldliegarto regional enln ays `n Butte County, y, Concern, upgrade, which is the widening of Highway 70 and the Ma tY She some funds would be going to the widening of Hi g` of Highway 70 and gg Avenue in Chico. She $ aid there are 1 of rysville/Orovilie bypass and a concern is alt call, projects ' . First �y conformity. She saidaro ec s on the list after thefrom Mult se a She said or is of a regional nature on a State highYydy; i,tust be ny.proaect that .receives federal money: analyzed to show that it will i'iut - 2 B10 i »; `?1`4QNTY PLANNING 130M iISSION M► °k N � - � November 30, 1993 wo; air quality, such as road widening. She said another issue is the Marysville/Oroville by-pass, the continuous four lanes of Highway 70, from Chico to Sacramento. She said they are working with Yuba and Sutter Counties to make this a reality. She said they do not know where the re-alignment, south of Oroville, will be at this time. She said the greater the density the easier to provide transportation, and the more spread out the development, the harder to provide transportation and roads: Commissioner Lambert asked about funding for Highway 149?' Ms. McAdams said there is funding recommended for the Highway 149 project, She said the money is to be funded as part of the money that has been set aside for the right-of•vay of the alignment on Highway 70, and because this algnnnent can not 6a purchased until the EIR is completed, the d:cision was made to move that money over to Highway 149. She said this will be coristructed in 1997/98; She said, included in the current funding, are two interchanges t)eMeen Highway 70 to 149 and from Highway 149 to 99. She said the Feather River Bridge is funded for reconstruction in 1994/95, Commissioner Nelson said there are probloms with Option 5, Ms, McAdams said the problems are because of the demand to improve existing County roads that are not up to standard, which would be the responsibility of the County. John Merz said p What will bae ashe on #o theBoard of thisue rocess and. asked if staff could hi9 Might to p rvisors? He said the Commission needs what t w wh Visions at e communities Want. He said the Commission needs to tell peopleeir' ' ' are for the future. He said he Was interested in agricultural lands and natural resources. He said he was in favor of Option 1, He asked that th,`8 meeting be continued open. Bob Uhscheid, City of Chico Task Force, said he Was present today as a liaison for q Y � of Option 4, He said the City of Chico is 'Rancho Es uon, He said the are in favor in favor of Option 1. He said he did hot think, growth and new communities should be discusssed Option lunscheid submoUld meet the itted for dated November miffed a 'letter , 1993, lestingseven proposed criteria, notwithstanding any other objet i eso policies, 4implementation measures, neral land uses, or programs in the es, ge Butte County General Plan, to apply to any new community that may be established in Butte County, He said that Option 1 falls in line With What the city wants, but he feels. there should be discussions of new towns. Commissioner Nelson asked if they had any alternate locations, besides Rancho Esquon property, where a new community could be considered? i BUTTE COUNTY PLANNING COMMISSION MINUTES - November 3i7, 1593 Mr. Ltnscheid said he is representing the interests of Rancho only site he is concerned with. ancho Esq uon, and this is the Chairman Lynch noted that Commissioner Fer use n and himself aregoing to a workshop, in Sacramento tomorrow on creating new towns 9 Commissioner Lambert said she will also attend this Workshop. Staff noted that staff's views of the options are listed in the memo dated November 10, 1993 to the Commission. Staff said concerning Option 3, It is support expansion opportunities among the Individual unincodifc tleda preclude or because each is different. P communities... Chairman Lynch stated where there is an area already of the parcels are not yet developed, He asked zoned far 5 acres or less; a lot suitable as far as Environmental Health is concerned, whatever hat as long as these parcels are With the General' Pla, I Would have no effect on what is the the Commission does Staff said this is correct, the parcels Would re could be developed: be non -conforming lots in terms of size :and Chairman Lynch said he dives t`n an ,area where small 1 which did not preclude the development of the lot. Staff Were rezoned #o A-5 from SR - Staff said the consultant did not make a projection of the of existing vacant parcels in the Caun buildout or holding capacity there is sufficient holding capacity, within'Staff said the consultant has indicated that ty: provide for all of the growth beyond the horizon ths spheres ear of of tthe he incorporated cities, to Commi sinner Lamb,3r,► said they ma nee ounty's plana Y d to get the consultants from Chico and the County Together to discuss the -growth potential. Staff said Whey are looking at, two different time fro ,proposing k 301 year plan and feels there Will not be suffici Ines, Staff said the City of Chico is ou nt)� is lo��k ng at a shdrter time frame, ent room for growth, and the Comlritssoner Nelson said the. City of Chico does n developm6nt. He said the City is concerned With of Want to commit areas to Where the growth'Vill occur. Staff said they pl0h to, submit a synopsis of the cities'la p , ns for the next meeting, Commissioner Lambert, said that where the Commission has dis acre agricultural par4�els, they might want to re -name the A-5 foothills to something other than. A-�, cussed eliminating 5' zoning designation in the 4 O BUTTE COUNTY PLANNING COMMISSION MINUTES November 30,, 1993 Commissioner Nelson said it might be appropriate to take each community and see how the Commissioners feel about them. Commissioner Lambert agreed. Commissioner Ferguson said a possible I approach is to not adapt one option for the entire county, but support a process of planned development that treats each geographical area, as indicated on Figure 1-5, on its own merits. He said specifically Option 1 would be acceptable for the agricultural region, Options 2 through 5 should be allowed for the valley region, Options 2, 3, and 5, for the foothill region. He said the Mountain Timberland region would continue as a natural resource for recreation and watershed and for the production of timber. He said, basically, they would allow different options for different regions. He said the County should only allow growth within the urban spheres of influence within the agricultural region of the County, and preserve prime ag. land, Commissioner Nelson said he likes the approach taken by the City of Chico. He said the suggestion by Commissioner Ferguson might allow for any kind of development, with no controls, on the east side of the cities, outside of the agricultural lands. Chairman Lynch said it might be more specific to encourage the est ablis;hsnent of planning areas to develop a growth plan such as the one adopted for D2N. Commissioner' 'Nelson asked if Options 1 and 2 basically setup spheres for incorporated and unincorporated areas for how the development will occur, He did not believe the growth should go outside of the spheres. Commissioner Ferguson said he would recommend planned development, He said he did not suggest changing any city plans, but wants to look at the other areas very closely. Commissioner Nelson said they have to decide where the growth should 'occur. Staff said the cities are saying the process of subdivision on their fringe preempts their and openoness that separates their a omm man, - enjoy the separation p Yexpansion. unities from the Other communities, Staff said d. the Commission might want to address a general objective of trying to enhance and obtain those separati^ns, Commissioner Nelson said they need to decide where growth should be. Chairman Lynch said he is hearing i ; Y g that Commis�ioher Nelson is apposed to Option 3 and Commissioner Ferguson does not Want to close the door entirely on the good 5 N BUTTE COUNTY PLANNING COMMISSION MINUTES - November 30, 1993 points of Option 3, but has some constraints. He said before they go any further with Option 3, they have to set up some criteria and a specific plan for further development to occur in that area. Commissioner Nelson asked if the County wants to encourage more of tho type of development that is happening in Bangor and Palermo? Chairman Lynch said they should put conditions on Option 3 to make this type of development difficult. Commissioner Nelson said what is there is there; but do We want to continue to allow this type of development. He was against encouraging this type of development in the foothills. Staff said to reduce the amount of future land divisions in some areas would have to come about through zoning changes, Chairman Lynch wanted the development controlled by strict criteria. He said setting criteria for development can better control the development than not allowing it. Commissioner Ferguson said they should add enough criteria to force ,a good development pian. Commissioner Lambert said there is still a need to select an option for certain areas and it may not be the same option for all areas. Commissioner Nelson said around the rural communities such as Bangor and Palermo,, he could see this working, but not around the Chico area. Commissioner Lambert noted the differences in the area south of Oroville for agriculture as opposed to agriculture in west Chico. Commissioner Nelson said as far as agriculture, yes. Commissioner Lambert said both areas are valley ag, land, but they are both different, Commissioner Bergman was absent at this time Staff said the question is whether they should look to theunincorporated orated areas as a. major direction to accommodate large parts of the County's future growth, Staff said some of communit esei.e�eDurham, Bana olr Palermo, of :dealing with growth, While other probably p 'Bangor, r probably capable of growth. Commissioner Limbert discussed the Durham,Dayton-Nelson Plan, Commissioner Nelson asked if the Commission agreed they were saying they support a BUTTE COUNTY PLANNING COMMISSION MINUTES November 30, '1.993 the concept of Options 1 and 2, for the most part, for the majority of development in the County, but we recognize that things are going to happen in other parts of the County and while the Commission may not encourage it, we can start setting standards as to what is going to happen when it does occur? Commissioner Ferguson said he took the chart 1.6 (Summary Comparison of options) provided and put numerical values on each area of analysis for the different options, which indicated Option 1 is clearly the best. Commissioner Bergman was present at this time. Commissioner 'Ferguson said he feels Orm ille is being optimistic on the size of their proposed sphere of influence. Commissioner Lambert said the Commission needs to see the City's General Plans. Chairman Lynch said he agreus that Option 3 is unacceptable the way it stands, but with criteria for water, sewer, special services, mitigation measure fees, etc.., then it may become acceptable. He said for long range planning, they need to do community plans, Commissioner Lambert said there needs to be an understanding of revenue sharing before the Commission picks an option. There Was a recess from 10:15 a.m. to 1x .,30 a.m. Chairman Lynch opened the discussion on Option 4. Commissioner Ferguson said this option would be acceptable in the valley zones providing special criteria are met regarding location, natural' resources, and development plan makeup, which would include commercial employment elements, etc, Chairman Lynch said he would like to add to that a trade off for holding open space areas. Corn rnissioner Ferguson agreed. Comrnissioner Bergman said this needy to include other parts of the County besides the valley floor, Le, Sterling City. He m&,d Sterling _City is one area that has a sewer disposal plant and its own water filtration plant and is right for development, He said there are areas is Magalia where development should not occur because of water, septic tanks, and lava cap. Commissioner Ferguson said to scratch the words 'valley floor", Commissioner Nelson said he did not agree, 7 Commissioner Lambert said she can see problems with creating a new city, but may be aole to expand a city such as Sterling City, y Chairman Lynch said they can apply criteria on a new town concept, Commissionor Nelson said all the new towns he has seen have ended up being residential communities with some commercial uses and just become traffic generators and are not self-supporting. He discussed briefly so visited, wnime of the new tor he has Commissioner Bergman discussed communities in Butte County being identified as a bedroom community for an incorporated city or town, such r Paradise is becoming a bedroom community for Chico b s d jobs. ecau� ,this is where people go for shopping and Staff said there may be adequate capacity within the spheres of the existing cities and a lot of vacant parcels around the County, so the question is what is the necessity for a nE v community? Chairman Lynch said he is not necessarily in favor of a new town, but the Goneral Plan sGeneralhould hot close Plan that a doCounty tw ohe pportunity. He sald he feels that a statement in the II not accept new towns as an idea for development, could lead to legal actions against the County. Commissioner Larnbert said, perhaps ,during the term of this General Plan, it would be appropriate that along with the re -alignment of Highway 70, trlere would be areas that would ti appropriate for a new town. the did not think it was appropriate to impact the existing Highway 70 or the axis#in m g ]hway 99 with this type of traffic ;without some solutions. She said that including the concept in the Purr for a future time and in connection with Highway 70 is not excluding the idea from the Pian, but it is pinpointing when and where. Chairman Lynch suggested Option 4, is generally unacceptable, but if the Commission sets up criteria that must be met for a new community, and would riot shut the door completely, Commissioner Lambert said another reason why she thinks the Highway 70 area would be br3tter' for this approved. and there type aflotof development hd that pttu rezone for the, area has not been development, i , i pp rniy that can occur for :this type of g nt of H ghway 70 will opef,� up a lot of development opporetunif es stated des this type. �'p Chairman Lynch said a new town would have -to be lookod at very hard by the 8 J, BUTTE COUNTY PLANNING COMMISSION MINUTES - November 30, 1993 Commission and County. Commissioner Bergman said when you crowd cities close together, you take the chance of creating a ghetto. Commissioner Lambert asked what was the real difference in a new town and a PUD? Commissioner Nelson said a new town is self-supporting, infrastructures are in place, and the town would not cost the County revenues. Staff said a new town would have a, mixture of land uses such as residential, commercial, industrial, recreational, public, etc'. Commissioner Lambert asked if they should require everything the new town needs, Le., grocery store, post office, gas station, clothing store, etc.? Commissioner Ferguson suggested the Commission go through the documents from the new town proposed in Sutter County. Staff said in the Central Butte area, there is a lot of land available and a lot of large properties with many thousands of arses in grazing. Staff said the question arises as to whether, over the long run, the County can expect to 'hold these pr'opsrties through land use deslgnawions in agricultural grazing uses without offering othor development opportunities to the property owners. Staff said such owners can experience financial problems over time, as families grow and r:I7ange, and may heed some development options. Commissioner Lambei-t said again if a new town is needed? Is it appropriate at this time? She said they are not obligated to find an economical advantage for the property j owner. f Chairman Lynch said it is not politically expedient to deny an option outright when you can set up criteria for something that will probably be done ahyway. Commissioner Lambert said -1 ption 4 may be appropriate for one area of the County, but not for all ;areas of th C644. Commissioner Ferguson said the Couhty can mitigate the use of some agricultural land in a way that you gain agricultural land by setting up conservation easements, le said he would rather have one good hew town than a lot of small r4 achettes. ` Chairman Lynch said there would almost have to be a requirement for the individual who is developing the new town, to make a commitment to have a tradeoff of his own 'property for open space, g BUTTE COUNTY PLANNING COMMISSION MINUTES - November 30, 1993 Commissioner Lambert was concerned with Mum owners. Commissioner Nelson thought the Commission had reached a consensus that the concept be allowed and the proposed development meet strict criteria. Staff surd they need to set ;up the criteria for a now town. Staff said by doing this, it will dictate where the development will go. Commissioner Nelson said he does not want to imply, if the criteria is met, ,a new town will be allowed. He; suggested the option be left out and lot the Commission and County look at proposals as they conte forward, Staff said large ranches all have physical characteristics and it would be nice if these ranches could come together with a plan. Commissioner Lambert said the southeast Oroville rezoning still needs to be settled. She said the most logical place for a new town should be decided at the time the new alignment is chosen. She ,said she does not se» it being allowed :in Chico, Central Butte, or Gridley. Commissioner Nelson said the Commission is not in agreement. He felt that the issue should not be addressed in the General Plan, Chairman Lynch said his concern is that the land owner heeds the Fight to be heard. Commissitmer Lambert said there is nothing that says the County is legally bound to provide for new towns: Staff asked if it was safe to say the Commission is divided on the need and the desirability, but if the Board decides to entertain this concept, then it should be criteria driven? Staff said they would draft up some criteria Commissioner Bergman g said they need to define the differences between a town and' a community. Staff said a new towns to them, is a large tract of land, that would be incorporated and set aside. Staff said there are questions i.e., are they setting the zoning for the town and waiting for the people to come; U -F is it something that grows and is then incorporated? Chairman Lynch said a new town; to hlm, is like a PUD with a range of uses from residential to industrial. He said that whether or not the towi x is iincotporated, or r o; "IS a political question, 10 BUTTE COUNTY PLANNING COMMISSION MINUTES - November 30, 1993 Staff said a new town is something that has to evolve. Chairman Lynch said they need written criteria for a new town, Commissioner Bergman said they need to look at each of the options and the criteria: Chairman Lynch said he does not agree with Option 4, 131:1* if it is considered by the Board, there needs to be criteria estabbshed. Commissioner Lambert asked how many new towns should be considered? Staff noted the Blakely Swartz project was for a new town. Staff said there is nothing stopping the County from designating an arra wi,h low density designations if they are an area of concern. Staff said there is nothing th4t prevents a developer from applying for a GPA or rezone to allow a new town. Staff ,;aid, what they are looking for, is what to do w" a situation where there is a large land iholding ,and a lot of pressure to develop itiese lands, and they can be made into t; hall ranchettes or does the County give the developer the opportunity or incentive for a development plan for a new community? Commissioner Lambert said she thinks the general sense, as far as she is concerned, is for 116 new commranity, Chairman Lynch said he is not ready to support Option 4, but he does not want to close the door on the possibility, the General commissioner Beset rnah id he nes pe i*o seen ,a General Plan that works. Pie said helpsg s.. Commissioner Nelson said he disagrees. He 80dhe thinks the General Plan gulden development towards one ,part of a commuh ty and .away from another. Chairman L nch said, in Gridley,the Genet` Plan occur and in the meantime the rowth is going in the os ositte direct Dafte e a growth Will pp i gin, Comrrtissioher Lambert was absent at this time. Chayman Lynch said he is against Option 5. He said ranchettes have gone too far in - man areas of the County, He said they need higher fees for "gads, sheriff, school:;, fire, etc. for this type of development. He said they can not stop what is there, but can stop �t from getting worse. Staff said the principle tool will look at larger 'n!inimUell iok Ot in the General Plan in 11 BUTTE COUNTY PLANNING COMMISSION MINUTES - November 30, 1903 some areas: Chr'rman Lynch said this problem could be dealt with in dollars and cents with an inc ease of fees. Commissioner Lambert was present at this time; Commissioner Ferguson said Option 5 should be allowed in valley areas. He said these should beut. where appropriate, ppropriate, and again, he did not want to close the door on the possibility. Commissioner Nelson said they can not stop this type of development, but they should hot encourage it, He said that this option says "-xpand". He said this should probably say "allow." Commissioner Lambert said there is a need to change the name of the foothill zones and valley zones to a name other than agricultural ,a people would know the difference. Staff said the County should take stock of what has beer; created and not Commissioner Lambert said, in Durham, people split prime ag. land before the D21 Plan was approved and she did not want to encourage that to happen again, Chairman Lynch said there are already too many 'split parcels for 'future growth. He said there are hundreds of 5 acre parcels already created all over the foothill area that only need water and sewer to develop, Commissioner Bergman said he could approve Option 5 if they change "expand" to "allow", Chairman Lynch said changing thR word to "al�ow" Would ;put the pian brick to the way it is now, He said he would r�acarvimend that there is already an abur,uance of '5 acre parcels and expansion should not be encouraged. Staff said they should look at density changes to future splits, Commissioner Nelson discussed looking at the Palermo%Honcut re;eor a agaln. COmmissloner Ferguson said with Option 5, the CommiSslon should identify the area best started for rural development, He .said if there is s demand for this type of development, there 'should be a place for lt, Chairman Lynch said there is a group that is vory loud in asking for this type of 12 BUTTE COUNITY PLANNING COMMISSION MINUTES - November 30, 1993 development; and who want to be able to do whatever they want to with their land, Staff said if there was a large derv: nd for 5 acre parcels, then the ones that exist would be developed. Chairman Lynch said there is no demand 4,ro.m the standpoint of the consumer. Commissioner Nelson suggested they change the "Upand" to "allow", and if ailoe+red Set up criteria to follow. Commissioner Lambert said she ho ect the current General (dart: p Y would not throw out everything in the *- * ]k Chapter 2, 3, and 4. Commissioner Nelson asked what are staff's feeling service (LOS) in the three options? on Chapter 2 and the level of Commissioner Ferguson said the issues need to be clarified. He said the developer needs to know if there will be development fees, Commissioner Bergman said heita member of the Citizen's ,advisory Group to BCAG, He said he would lik9 the opinion of the Commission as to whether this is a conflict of tntarest and should he remain on the advisory grotip? St,Aff said this is a question that should be put to County Counsel, Chairman Lynch and the Commissioners did not see this as a conflict, but agreed that County Counsel should make the determination. ,a Commissioner Bergman briefly discussed the re -alignment of Highway 70:. Commissioner Lambert asked if the Commission can require that the LOS does not go below Level C2 Chairman Lynch said they can set higher standards for at least the County roadways, Staff said they can look at Whatever Is appropriate, Staff said the Plan should provide guidance to the County and developers. Commission,.- Ferguson said on Page 2-3, he was in favor of Option 3 13 011 - Y\ 77 TT ti BUTTE COUNTY PLANING COPy1MISSION M1NUTE�S November 30, 1993 Commissioner Bergman noted that the LOS in Magalia was Levels E and'F. Commissioner Ferguson said they should Strive for Level. C. 0 said the levels of traffic in Magalia limit development. Commissioner Nelson said it was the consensus of the Commission to approve Option 3: Highway '70 align=; snt; Chairman Lynch said they can not make a decision on this until the EIR is competed, 'A** 191 extension; Chairman Lynch saidthis extension is to carry Clark Road to Skyway, and the alternate plan of the 191 extension, is to carry Clark Ru,id on up Skyway to Bull Hill, Highway 32: Commissioner , Bergman said they were fortunate enough last year to do a feasibility study budget of this route and it is in progress at this time. He said right now Highway 191 stops at Pearson., He discussed a Vour :lane bridge proposed across Little Butte Creek. Brief discussion. Commissioner Ferguson said on'the Highway 70 alignment; he could support Option 4 or 5 on what they want to sea built initially. He suggested that the roadway be designed to full freeway standards with initial construction as an expressway: Chairman Lyr;ch said on the Highway 70 alignment, Caption 4 is a logical recommendation from the County. Chairman 'Lynch said Option 1, on the 191 extension, will not help the upper ridge. Commissioner Lambert asked if this alightneht of i"M was different than the one Commissioner Bergman was discussing? Chairman Lynch said it is the same alignment of Highway 191 from Pearson Road to Skyway. He said the initial option is to support this just to Skyway, which will riot; help solve the traffic problems of the upper ridge: 14 I BUTTE COUNTY PLANNING COMMISSION MINUTES - November 30, 1993 Commissioner Bergman said in -the original concept that was presented, Highway 191 turned to the left at Pearson, and followed. Pearson down to Skyway. Staff said the Board has committed to the feasibility study. Staff asked if the Commission concurred in concept, Chairman Lynch said there is nothing to gain by the extension to Skyway. Commiscioner Lambert said it is the ;consensus of the Commission to support Option 2, it was the consensus on Highway 70 to recommend building an expressway with acquistision leading towards a freeway with full standards. Pubh^ 'transportation Chairman Lynch said he is in favor of making an Option 3, with the idea that you can gE:t from town A to Town 'B in time for work, He said you can not commute to work the way the bus system is. He said he sees empty buses running during the day other 0w,,ri the time when ,people would commute to Work, t';ommissicner 81ergman said he was In favor of Option 1. Chairman Lynch said they need to improve the Butte County transit system, Commissioner Ferguson recommended Option P. because it would eliminate the overhead; can be used to make needed improvements, and seek State and Federal funding, He agreed that the transit system needs to be improved, Commissioner Bergman said when you create a larger 'oureaucraGy, , you do not save money.. Staff suggested this soctibn be deferred to another time. Staff did not see this as a General kin issue, Commissloner Lambert wpgested they make the statement that this item needs improvement, in schoduling: Chaln-WAn Lynch suggested not choosing an option. He said 'both options are unacceptable. He suggested a third option. 15 BUTTE COUNTY PLANNING COMMISSION MINUTES - November 30, 1993 Chapter 3: Chairman Lynch asked where the consultants are getting the idea that there is an abundant supply of surface water available for community development? Staff said it would be better, to not dwell on this Chapter: Staff said their thoughts are that ground water is used because surface water is not available in those locations of the County: Commissioner Nel;lon said we are looking -at Option 3: Commissioner Ferguson said Option 1 is more appropriate on a case by case basis: Commissioner Lambert said what she finds interesting is the breakdown of the area on Pages 3-2 and 3-3 and the concerns relating to each area, Staff said they are talking about residential and urban type developmant. Consensus to favor Option 1; Page 3-6 Wastewater. 9 s in favor of Options 1 and 3. Commissioner Ferguson said he wa Chairman Lynch was in favor of Option 1. He said he thought Option 3 was already being done, He said the systems are being checked on a complaint b.. S.F Commis p ,. p said they aoner edenslson sa� stanch d that d ton th has.. caused the nitrate problems in Chico, He Y density e system. lie said they heed a nitrate plan in other areas, Chairman Lynch said he can go with Options 1 and 3: of the Commissioner y into nitrate action plan for other areas Commissioner Lambert said they should Ioal< Commissioner Bergman said they should look at the Option very carefully because of the lack of water: He ,laid he thought the County would live or die on what they do with the water because of the drought, Commissioner Lambert discussed the area needed for a septic system, 16 5 BUTTE TE COUNTY PLANNING COMMISSION MINUTES - November 30, 1993 Commissioner Nelson thought Options 2 and 3 were the best. Commissioner Bergman said they have not looked far enough in the futureforalternate septic systems rather than leach fields. Commissionor Nelson said Option 2 protects groundwater and put limits on treatment systems. He said he was not in favor of Option 1. Staff said it is the consensus of the Commission then► to go with Option '2 and 3. Chairman Lynch said yes, but he was still concerned that this section on water does not address drainage problems especially in the south OrovilEe/Paler n1r� 1rea and the southwest County area• Page 42 Commissioner ,Ferguson said he is in favor of Option 2: Chairman Lynch said Option 2 would insure that thero is a reasonable relationship financially with the cities in sharing the revenues;: Staff discussod Option 1 Commissioner Nelson said we do not want to go with Option 1 • • • : . g tuber of people who live outsideion of Chairman Lynch sad the revenue sharing should be on the basis of a per portion the people living inside the cities in proportion to the nu p p city limits, Commissioner Nelson said a lot of services in connection with a mall, and conge;,tion, are absorbed by the City, and it is not all gravy going into the city. Staff saild we have a sales, tax agreement with the City of Chico Commissioner Lambert said they need to know what the current agreements are. it wajv the consensus to favor Options 2 and 3, 4.3 17 BUTTE COUNTY PLANNING COMMISSION MINUTES - November 30 1993' It was the consensus to favor Option 2 Chapter 5. Commissioner Lambe; -t said she did not want to reinvent the wheel, but they need to have limited review pertalnincj to whatever comes out of the proposed agricultural element. Staff said that will come back in draft form c Commissioner Lambert, „aid this will effect natural resources and open spaces; She asked if anything has dianged in the last year? The Commission did riot think so. This hearing was continued open to December 9, 1993 at 1:30 p.m. It was noted that Chairman Lynch and Commissioners Ferguson and Lambert were going to a somin,tir tomorrow on new town developments, yk*Y*1kiF�*'k VI ADJOURNMENT There being no further business, the meeting was adjourned at 1220 p.m,; !7 ROBEFIT LYNCH; GHAJAMAN Butte County Planning Commission 18 ount 'ryge 0 LAND OP NATURAL WEALTH AND BrA10T r _ Y . PLAI;, INc DIVISION DVARTMENT OF bEVELOPMENT SERVICES 7 COUNTY CENTER DRIVI • OROVILLE, CALIFORNIA 216905.03$7 TELEPHONEI (9161638-7601 FAXt (9i6) 539.7765 BUTTE COUNTY PLANNING COMMISSION November 30, 1993 TIME: 9;00 a.m. PLACE: Board of Supervisors' Roam County Administration Center 25 County Center Drive Oroville, CA 95965 I. PLEDGE OF ALLEGIANCE 0. ROLL CALL III, BUSINESS FROM THE FLOOR ON ITEMS NOT ALREADY ON 'THE AGENDA (Presentations will be limited to five minutes. The Planning Commission is prohibited by State Law from taking action on tiny Item presented if it is not listed on the Agenda IV. PUBLIC FEARING PROCEDURE The Chair will call fora A. Staff Comments B. Open the hev:ring to the public 1 Proponents 2, Opponents 3. Proponents rebuttal 4. Opponents rebuttal C Close hearing to the public B. Commission discusi>ion E, Motion F. ' Vote F36,3 iTE COUNTY PLAWNING 'COMMISSiOFV AGENDA - Ncivernber 30, 1993 It is requested that; ;presentations be limited to a maximum of 5 minutes so that all r w • Following your t s will have an opportunity to address the Commission. F ipnter.�.;, ed patties t so that the. presentation, ,easy print your name and address on the speakers sheet p record Will be accurate. V PUBLIC 1 ;2ARINGS. 9;00 a.tti. - Butte County Bear gf Suri! n_Msors - Ther PlanningCommission will conduct a public- hearing tc cansider the Issues and Options Report prepared as part of the current update of th,e, General Plan. The Commission will also receive a staff report summa fling public comments and making recom,nendations Concerning tha Issues and Options Report: , The Conimi'ssion will ac„ept public, oral; and written comments and will forward its recommendations on this phase of the General Plan update to the Board of Supervisors, (OF) ;Continued from November 17, 1993) VI, ADJOURNMENT i 1 �n 2' ,1 BUTTE COUNTY' PLANNING COMMISSION MINUTES November 17, 1993 n, PLEDGE OF ALLEGIANCE II: ROLL CALL: Present; Commissioners Lambert, Nelson, Ferguson and Chairman Lynch. Also Present: PaulaLeasure, Principal Planner' Thomas Last, Senior Planner Craig B. Sanders, Associate Planner Lisa Purvis Wilson, Associate Planner Shane L, Shane, Paradise Plann,. g Comm. Lynn Richardson, Sac, "start'' Ill, APPROVAL OF THE MINUTES - October 28, 1993 The Commission hast the following corrections: Page 4, 3rd pars, after "tile" add "specific", 5th para. aster "however" add "given its location and the nature of the road improvement in the area, creating an island out of this parcel and given the already` existing and adjacent industrial zone," and move this sentence to the end of para., Page 6, 7th para, after "commercial" add "and industrial" and after "limited" ,add "in this area"'. Page 11, #7 change 1st sentence to #9 and maks second sentence' #7.; Page 12, 5th para, after "this" add "was included to provide"; Page 15, add 3rd para. "Gommissionei Lambert would like the date of the first application provided on renewal request forrns' Page 16, 12 para after 'noted" add "she has received calls regarding" and at the eh-1 add "and 'requested this matter be "re-surfaced", and add "the committee appointed meet and then argendize for public heanng+"; Page 17, 'ist para. to read "Tho Commission requested staff to ask Dr. Collins if ',he would be available to make a presentation to the Commission on November 17." It was moved by Commissioner- Lambert, seconders by Commissioner Melton; and unanimously carried to approve the minutes as corrected. IV, CONSENT - TEMPORARY MOBILE HOME RENEWALS' - Cary, Hedlind on AP 039-240-01)3 foss Floyd Hedlltid; Bob Bryson on AP 028-190.021 for Hix 8tyson; Shirley Tyvbr on AP 056-099-083 for Mildred Rexroat; Charles, Phillips on AP 036 300-681 for Gotald L. Phillips. 1 BUTTE COUNTY til kNNINC COMMISSION MINUTES - November 17, 1993 Staff said the files were in order. It was moved by Commissioner Lambert, seconded by Commissioner Ferguson and unanimously carried for approval of the renewals: V, ABANDONMENT 1. Clinton D. Whitehead - Abandonment of a portion of the 30 foot storm drain easement on property zoned A-R (Agricultural - Residential) located on the northwest corner of Siskiyou Avenu,a, and Seventh ')treat, identified a.,,AP 031-290-028, Thermalitd, (LPW) :'qd 02) Staff said this abandonment has been approved by Public Works. Staff recommnded approval. Commissioner Ferguson asked where the rest of the easement was located? Staff said all other portions of this easement have been abandoned. The hearing was opened to ri o ;public The, r was no one present to speak on this matter. The hearing was closed. it was moved Iby Chairman Lynch, seconded by Commissioner Lambert, and unanimously carried for approval as follows: A, Find that this projeot is Categorically Exerilpt from environmental review- and 1L Find that this project is In conformity with the Butte County General Plan; and C. Recommend the Board of Supervisors approve the abandonment ofa, portion of the 30 ft. storm drain easement on AP 031-290-028 (Clinton D, Whitehead). z 2'. Card Schvrartz - Abandonment of a portion of Kelly Ridge Road; formerly named Hllicrest Avenue, appy oAma ely 600 feet north of its intersection with Heritage Drive, adjacent to AP 069-320-012; Oroville: (LPW) (94-03) Staff said this abandonment will loot change the road: The hearing was opened to the public: 2 ,r OU17E COUNTY PLANNING COMMISSION MINUTES - November 17, 1993 There was no one present to speak or this matter; The hearing was closed. It was mo'ad by Commissioner Ferguson, seconded by Commissioner 'Lambert, and unanimously approved as follows: A. Find that the project is Categorically 'Exempt from Environmental Review; and B.Find that the project is In con'rorn•iarCe with the Butte County General. Pian; and C, Recommend that the aoard of Supervisors approve the abandohment of a portion of Kelly Ridge Road, adjacent to AP 069-320-412 (Cary Schwartz), subject to the fellowing condition 1. T ho applicant shall reserve the abandoned roadway area as a'Public. Utility Euement, VI, BUSINESS FROM THE ')ILOOF ON ITEMS NOT ALREAL-, ;' ON `r HE AGENDA (Presentations will be limited to five minutes, The Planning Commission is prohibited by State Law from taking action ori any iteni presented if it is not listed on the Agenda) None. VI, PUBLIC HEARING PROCEDURE The Chair will call for.- Ai or:A: Staff Comments B, Open the hearing to the 'public I Proponents 2 Opponents 3, Proponents rebuttal 4, Opnonerits rebuttal C. Close hearing to the public D. Commission discussion E, Motion F Vote it is requested that presentations be limited to a maximum of 5 minutes to that all interested parties will' have an opportunity to address the Commission, Following your 3 FYI = ;i+CF F BUTTE COUNTY PLANNING COMMISSION MINUTES - Novenriber 17, 1993 presenteuron, please print your name and address on the speakers sheet so that the record will be a -curate; Vll. PUBLIC HEARINGS. David Galk rom Environmental l Reviewl) aUse Permit to allow the storage rn determined to be a rl f v fence materials and suppli0s on property zoned H -C (Highway Commercial) located on the north side of Cedar fake Drive, approximately 250 feet east of Skyway, identified as AP 065- 910-063, Maigalia. (TL) The Commission waived the reading of the Staff Report. A video o" the site was shown. Staff gave a brief summary of the project. Staff said they look at Whether or not the use Is in character with the integrity, of the. zone. ,Staff said this property is zoned High: rvay Commercial and the General Plan designation is Commercial and the zone doeo discuss the issue of outdoor storage. Staff said they, have to look at whether this would create a health, safety, OT 09heral Welfare concerns with neighboring properties. Staff said there is only ono: l es.,dant to the east of this site that looks down on this property, Commissioner Nel8on asked about the lack of a requirement to improve the driveway? Staff said �,lhei a were no requirements for the driveway from Public 'Works Commissioner Lambert asked if theywere talking about putting slats in the gates? Staff sWd y6s. The hearing was opened to the public. David Callucci said he has compliedwith the suggestions and asked that the permit be approved: The hearing Was closed, .Commissioner Lambert said she had no problems with this request. She noted that the County's concerns Were taken care Of, It was moved by Commissioner Lambert, seconded by Commissioner Nelson; and unanimously carrier; for approval as follo��s; 4 i. BUTTE COUNTY PLANNING COMMISSION MINUTES - November 17 1903 A. rind that the storage of outdoor fer;ce materials will not result ;n a significant effect on the environment, and, therefore, the project is exempt from CEQA review; nd B Find that the proposed use is compat ble with the integrity and character of the H-C zone and the General Plan designation of Commercial; and C. Find that the project, as conditioned, will not result in a detrimental irnpact to the general health, 'safety, and welfare of neighboring properties, and D. Approve the Use Permit to allow the outdoor ;storage of building materials on AP 065-210-063 (David Gallucc) subject to the 'following conditions: 1. The applicant shall Install and maintain Vrood slats or: both entrance gates to act as visual screens: 2. Ail fencing supplies shall be stored below the perimeter fencing so that matenals are not visible from adjacent properties or Cedar Lake Orive. 3 Applicant hall comply with all other applicPble State and local statutes, s and regulations, Note:Minor changes may be approved administratively by the Director of -- Development Services" upon receipt of a substantiated w�ttetn request by the applicant. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as c ond'ifionally approved, Changes deemed to be hvior or significa %1 in nature- shall require a 'formal application for amendment: PG&E - (Item determined to be eyategor cally ex£irrijJt froth environmental review) Use Permit to expand an eAstthg PG&E ,substation ma ntenan ;� building t.'in properly zoned "U" (Unclassified) located on the north side of Cottonwood '`Wad, approximately 1a:7 miles east of U.a. Highway 99, identified as AP o41-,230-006, 007, and 009, north of Oroville, (LPW) (`VIDEO?) The Com Imission waived the reading of the Staff Report, A video of the site was shown. Staff gave a brief summaiy of the project 'tho heaflhj was opened to the public. Al SUnahadans&E representative, said lie agre9s with tyle staff report and staff recommen ' The hearing was closed, r, 5 BUTTE COUNTY PLANNING COMMISSION MINUTES -November 17, 1993 Chairman Lynch did not see a problem with this request. It was moved by Chairman Lynch, seconded by Conirnissioner Lambert, and unanimously carried for approval as follows: A Find that the project is Categorically Exempt `;seem the provisions of CEQA; and B. Find of then U"at the (Unclassified) expansion and the ��patible witli the integrity .and character I 1 ne, al Plar, designation of Grazing and 1 Open Lands: G, Find that the project, as conditioned, will not resislt in a detrimental impact to the. general health, safety, arid welfare of r elgnborir,�g properties; and • D. Approve the Use Per; nit to allow th !a structural expansion on AP# 041-230-006, 007 and 009 (Fadi c Gas & Electric C'orripany) subject to the following conditions: 1. Building permit fees and any current-, V new, impact fees are to be paid at the fee level in place at the time of the application for building permits. 2. Applicant shall comply with the Environmental Health Department requirements, (connect to an approved sewage disposal system) 3. A licant must also comply with all other r applicable. State and local staiwates ordinances and regulations. NOTE: Minor changes may bs approved administratively by the Director of p p q Development Services upon t seal t of' a substantiated written request by Deparrtment or Oiv sion that modificat' `st thea applicant, Prior to such approval verification shall be made b each r ion is consi,:,ent with the application, fees paid and environmental determination as conditionally. approved. Changes deemed to be major or significant in nature shall require a formai Application for an amendment: Chairman �, nch said it might be advisable consult ` g of this area so PG&E does not have tri come in oirhUse Planning Pet nitseev every e rezonin ery time "there is a change; Staff ;said ,there- is a rezcn;t in pr000ss at this time for PG&E. Charley, arta Cathh ne -y = (item determined to be categorically ekempt from environmental review e Us Prrr► t to allowu a permanent ascend dwelii; g on Pr operty zoned A-R °(AgricultUi;. - Residential) located on the south side of 6 r`- EU17>~ COUNTY PLANNING COMMISSION MINUTES - November 17, 1993 Nelson Avenue, approxlmL:ely 650 feet east of '12th Street at 1,081 Nelson Avenue, identilled as AP 031-180-045, Thermalito. (LPW) The Commission waived the reading of the Staff Report. A video of the sight was shown. Staff gave a brief summary of the project. Commissioner Nelson asked wheat the advantage was to requesting a permanent second dwelling unit? Staff said it will not have the restrictions for a senior citizen or a mobile home fora relative that needs care (aunt Minnie). The he, Jng wets opened to the public: Mr. Rhyne said he agrees with the staff report and the conditions. He said the home is for him so hs can care for his mother, He said it was too difficult to maintain two separate properties: Commissioner Fergisson asked if there was all weather access that is required by the Fire Department? Staff said yes, there were no problems listed from the h're Department; The hearing was closed, ChF*rnan Lynch said a second dwelling is allowed, with a use permit, in the A -I3 zone. E He said this is a 'practical W; +v to split this lot. He noted that ther3 have beer several �i approved seer!; dwelling in the Thermalito area. Commissioner Lambert said this request could fit the intent of the ",Aunt Minnie" section of the code. She said it was the applicant's choice to request a permanent dwelling. She asked that condition 4 be listed as a "NOTE" to be consistent. It was moved by Chairman Lvnch, seconded by Commissioner .ommissioner Lambert,.and. Unanimously carried for approval as 'follows: A, Find that the project is Categorically Exempt from the provisions of CEQA; and B, Find that the proposed use of the property 0,iiI not impair the integrity and character of the zone in which the land Iles and that the use would not be incompatible with, or injurious to surrounding p1r6perti9s or detrimental to the health and general welfare of the persons residing or working in the neighborhood, or to the general health, welfare and safety of the County; and - C Approve the Use Permit to allow a permanent second dws,,'ling oil AP# 031-18o 045 (Charley & Cathy Rhyne) subject to the following conditions: BUTTE COUNTY PLANNING COMMISSION MINUTES - November 17, 199 1. The second dwelling unit shall meet the requirements of the Butte County Fire Department. ($200.00 Wator Tender f=und, access) 2. The second dwelling unit shall meet the recluirements of the Environmental Health Department. (Connect to public water and sewer) 3: Building permit fees and any current, or, now, impact Voes are to be paid at the fee level in place at the time of the application for the building permit. 4. Applicant must also comply with all othor applicable State and local statutes, ordinances and regulations, r NOTE: Minor changes may, be approved administratively by the Direcior of Development. Services upon receipt of a substantiated written request by the applicant. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the ,application, fees paid and environmental determination as conditionally approvocl. Changes deemed to be major or significant in nature shall require a formal application for an amendment. Tell_, Alexander proposed Negative Declaration regarding environmental impacts and use Permit to allow the expansion of an rousting kennel (use Permit. #90-45) from 27 dogs to 80 dogs, on property zoned A-10 (Agricultural - 10 acre parcels) located on the west side of lvleridian Road, approximately 2 miles north of Highway 99 at 15081 Meridian Read, identified as AP 041-100-106, Chico. - (CBS) The Commission waived the reading of the Staff Report, A video of the site was. shown. Staff nave a brief summary of the project. Staff said the applicant is requesting a maximum of 54 dogs and not 80. The hearing was opened to the publics ;ferry Alexander said he started the kennel 2-3 years ago and have added noisy reduction devices, Hit submitted ;,Ignatures from the neighbors haVing no objections 'to this project: Commissioner Ferguson asked how effective the; sprinkler system is? Mr: Alexander said the sprinkler is mainly used In the sumer, He said tho sprinkler is noise activated and breaks the &gs C6ncentratl6h to stop barking: The hearing was closed: 8 BUTTS COUNTY PLANNING, COMMISSION MINUTES - November 17, 1993 It was moved by Commissioner Nelson, seconded by Commissioner Lambert, and unanimously carried for approval as follows.: A. Find that the requirements of CEQA have becri completed and considered in making this decision and adopt a Negative Declaration regarding environmental impacts; and B. Find that the proposed use of the property will not impair the integrity and character of the zone in which the land lies and that the use Would not be unreasonably incompatible with, or injurious to, surrounding properties or detrimental to the health, safety; and general welfare of the persons residing or working in the neighborhood or to the general health welfare and safety of the County, because the proposed use is already established on site and has demonstrated that'it can be operated in a manner compatible with the surrounding uses; and C, Grant a Use Permit to allow the expansion of a kennel on AP 047-ioo-106, (Alexander) subject to the following conditionsi Provide adeq ,,,* ac..p_, ,,Q I 'ci011iliioa for disposal of anirnN wastes as required by the Butte County Environmental Health Department. 2: No more than 54 adult dogs shall be kept on site at any one time, 3. Noise generated by the kennel shall not exceed 65 -.iS at the property in the hPw kennel as in the swell ams noise reduction fL,�tures: lines. o accomplish this, incorporate the s ng kennel including insulation, closing windows, and a bark activated sprinkler systern. 4. The applicant ahall obtain a new license from the County of 'Butte in accordance with Butte County Code Section 4.3 for the operation of the kennel. 5 Applicant mush also comply with all other applicable State anal local statutes, ordlnklnces and regulations NOTE! Minor changes may be approved administratively by the Director o; bevalopment Services upon receipt of a substantiated written request by the applicant. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees ,paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 9 - BUTTE COUNTY P1 liNNING COMMISSION MINUTES November 17, 1993 Butte Countv Board of Sgrpervisors The Plannil g Commission will conduct a public hearing to consider,, the Issues and Option;; Report prepared as part of the current update of the General Plan. The Commission will also receive a staff report summarizing public comments and making recommendations concerning the, Issues and Options Report, ``he Commi'sion will accept public, oral, and written comments and will forward its recommendaftris on this phase of the General Plan update to the Board of Supervisors. Staff gave a brief summary of their November 10, 1993 mento. Staff stated that 1.I,r"e Issues and Options have been the subject of several town hall meetings. Staff said they are asking the Commission for general guidelines about how the County should dovelop. Staff said Option 2 most closely matches the Land Us E3 Element of the current County General Plan: Staff said the County should encourage development near or in the urban areas. Staff said Figure 1-5 of the document shows areas of potential development to be discussed. Staff asked the Commission to adopt the cities Gene'ra! Plans ;as they evolve. Staff asked the Commission to agi,ee, in concept, and adop'. a plan agreeable with the dtica, Chc,rman Lynch stated that one of the problems with the "island" areal is that the people that reside in theta areas want W mi?lnta;n `Meir agricultural -residential lifestyles and are against dieing annex,7d io thu He asked if the cities are lookinkl at this for possible Want' ind allowing these people to maintain their lifesVle at the Same time' Staff said this was difficult to answer specificallybecause they did not know the particulars in the Chico Pian where islands are most proneunc?d: Commissionar Lambert asked what is the time period of our proposed Pian; 10, 201 30, or more y0mrs? Staff said they did not know, but thought it was a 20 year plan.. Staff said any plans like this one become out-of-date long before the horizon year. Commissioner Lambert said on the first page of Chapter One it states the time period is to the year 2010. Commissioner Nelson said the difference between Option 1 and 2 is that Option i says that development should stay within the spheres and Option 2 goes beyond that. Staff Scud this is 'correct. Staff said Option 1 would 'result in a much closer and tighter urbah arca boundary for developments Commissioner Lambert said, at this point, she 'is willing to go along with what the cities recommend, but she has not seen the final proposals and until she does, sho can not go beyond this Point. 10 BUTTE COUNTY PLANNING COMMISSION 1,AINUTES November 17, 1993 C'.-ommissioner Nelson said, the Commission is t,,Jokins at a concept, at this point. He in concept, they have seen all the cities are proposing, Chairman Lynch said the County needs to cooperate with the cities by not being in conflict with their General Plans, but, on the other hand, he thought the County will to look at the constraints the County is under. He said if they do it this way, y end up with Option 1 or 2, basically. He asked how the County was going to meet the housing requirements as a County agency through the state when a main portion of the affordable blousing would be within the city limits because of the requirement for annexation in order to hook up to sewer? staff said they need to get together with -HCD and the city representatives and "take a look at the situation. Chairman Lynch discussed the people who object to being annexed to the cities because of a change in their lifestyles. He said they hod to make adjustments for the city to 'give a Little so people can keep their lifestyle He said alsz) that there needs to be a reasonable sharing of sales tax with the cities, Commissioner Lambert asked if the County still has jurisdiction over the unincorporated area in the City Sphered - Staff said yes, Commissioner Kelson said the question with Option 2 is does the County want to Glome more urban? Commissioner Lambert said it is important as to whether there is a revenue sharing program between the County and city. ` e that the Commission take some public Chairman Lynch said it was appropriate testimony, He said to the audience that this is 'not a discussion of the philosophy of planning or whether or not there should be planning. He, said this is not a constitutional issue. The hearing was opened to the public. Tom Hays, City of Chico, said the City of Chico's existing. General Plan and Butte County's for the Chico Urban area currently is about 96% consistent in terms of the land use designations for the Chico Urban area. He said the land use designations include areas that are designated for rural resfdentiai types of uses. He said a couple examples are areas: alorig EI Monte; Centennial, Beli Muir area, etc, He `said he did not have an answer as far as the islands are concerned. He said the City of Chico`s draft General Plan should be ready in approximately two months; He said the City of Chico is looking at a 'i0 year groWth hot on, He Said they are looking at a 2% growth rate, He discussed ti �s `need for expansion areas beyond the sphere area. He said the city i1 HUT'TE COUNTY PLANNING COMMISSION MINUTES - November 17, 1993 Is looking at a resource based General Plan and the need to protect resources within the area. He said he did not have a preference yet on which option to choose, Jeff Carter, member of the City of Chico General Plan Task Force, discussedreservin prime agricultural land. He said he went to a `meeting with the residents of Bell Muir He said the Task Force believes urban development for the city should be com act. He said the Task Force has developed governing Character Assessment.. He discussed in-gfill into the principles called Chico Community consensus of the Task Force that Option t is clearly the option th y. Hesaid would I,opeit Wasetha County adopts. He said the Chico City Council has not voted on the Task Force's recommendation. She said Optionagus accee of omen tableVoters, submitted a;letter dated November 15, 1993, Impact upon the ecology and economy and of our Countyas , She She said the County will have the least dated cities need to use the in fill concept. She said ptions 2�and 3 are not prefeed due to financial burden to the County for infrastructure acid services, erosion of the rural landscape, and no provision for affordable housing. She said Option 4 needs to be qualified. She said Option 5 is unacceptable. She said the Greenline must be protected, She said they support the request from the citizens for a cost estimate on each of the five options. M. C. Horning submitted E. report concerning an area on Durham -Peutz Road, He said this area is composed of J5 parcels and is served by two milds of road, He said It is viral enough for livestock and Is a crime free area. He said 5 acre ranchettes do work for residential development. He said this area is not a burden to the police or the school system. p n Bon twrfort,t Ra ch Esquon, said he would support Option 4 because it is an o ' County to do some good planning in the content of the whole County. He said he believes small communities can be self supporting and do work. He dick not believe Option 4 would be "leapfrogging" r Keith Gurnee said they are trying to develop Rancho Esquon and also a -development in southwest Chi b, He said he has attended the joint meeting between the Board of Supervisors and the Planning Commission where Mr. five options, Mintier was present to es�pls�in the p He discussed what the c -ties need to be able to su rowth. He the cities need to be development friendly He said he was in favor ortof Option 4, said The hearing was closed, Chairman nch said the p p inadequate,y The said there arei® su��sthe. Issues and Options report is that it is addresed, i.e. the seriocts: problem with raised drainage � not mentioned that should be Cobra 9 the southwest section of the County (surface drainage), ,and development in and around irrigation canals, He said there is no mention of only one bridge across the Feather River on east Gridley Road, between Yuba City and Oroviile. He sad they need to address the drainagep roblems 12 C11 BUTTE COU NI PLANNING CONI AiSSION MINUTES - November 17, 1993 of the land. -east of Highway 70, He said at times of h Under water. He said he thought there needs to be some rains, there are streets as to what they require when it comes to expanding h some give and take between the County and ce me kind n p there within to be the city does not want to annex, but city. He talked abouttdevel needs to as .�atd they need to u should be annexed, such as Chapman Townment ., ale upgrade the agricultural section of the General Plan and need about a separate section for an agricultural element. He said mutual agreement in financial assistance When police and to talk are city d there should by a more tY pobce or vice versa. He said there should be a faifi a work in the County and He discussed affordable housing. how does the .County receive credit for tHe he if roe distribution of sales taxes.. County? He said how ie the County suppose p p is required to annex :to the city, affordable housing that was created in the People are required to hookup to sewer and water with the city pp a to get credit for affordable housing if the. annexation and the affordable housing credit goes to the city? � tY and the city requires Commissioner Nelson said what the Comm ' Paper, He said he hoped he issues would be addressed at today is a concept on Chairman Lynch said he wants to see the isst - din the draft General Plan. Issues :addressed before he picks an .option. Commissioner Nelson said the issues haVe been basically addressed addressed in the draft General Pian. He �saiden t Commis' the consultant snore information on which wa „ seed and will be further r Ian. ion needs to give staff and p v the, want them to move on the:. draft .- Commissioner Lamkiert said .her interest is maim in that the County needs an Agricultural Element. S c6"lmittee discussing agricultural land' y the agricultural areas. She agreed She said she was glad there was a the Countyis coin She said the Commission needs to decide if j g to preserve agricultural land. She felt the C at crops that are grown and not necessarily soil ty es, to be considered: She said she is not ready to select ounty needed to look p She. said a fiscal. analysis needs C General Plan, but would lean toward Option 1.el S y lett an option Without seeing the decide if meadowfoarti and wetlands are more important tha lands, he said the County heeds to n saving the agricultural Staff said, at the meetings with the Eoard, Mr: Mntie Would be mutually exclusive. r stated that Options i and 2 He said the Commission needs to decide somethin about the growth within and around the cities. Proceed to allow some of the development that is de rcted i. ` He laid; Ftowever, the County can Commissioner Lambert discussed p `� the Issues and Op#ions; S inandQees such a,, the Granny Housing conflicting With agricultural land, Commissioner Nelson said the Commission needs toi g ve Mrs Commissioner lambert said Option 1 ie flintier some direction. the predominately prefbrred options 13 y BUTTE COUNTY PLANNING COMMISSION MINUTES - November 17, 1993 Commissioner Nelson said he would like to look at Option 'i with some changes. Commissioner Ferguson said he does not want to say he is in favor of any option. He said he would like to see the County say what they want and what they don'twant, He said he would like to see a plan for the hest of all options. He said he whnted to see 'agricultural and timberland preserved; Chairman Lynch said when he looks at Option 1 he is in favor of it. He said there needs to be some changes. He said LAFCo needs policies and to discuss the city annexing the islands before annexing non island land. Commissioner Nelson said just because the Commission picks an option does not mean rural development will stop. He 'asked if the County wants to stop making the same mistakes they have made in the past? Staff discussed urban and suburban development between the communities, Commissioner Ferguson said he could not vote on the Issues and, Options today. Chairman Lynch said the Commission is dealing with a concept to give the consultant direct, tm. He said they might like parts of all the options if they can be conditioned to work: Commissioner Ferguson said he needs to know what the County wants and what it doesn't want as far as growth criteria. Staff said they would W,ze to look at comments given today, come back with a list of things that there seems to be general concurrence on and have them for the Commission to review, Staff said thr.y would also try to develop some ideas on organizing the remaining questions and/or objectives. Staff said they would like to continue this meeting to November 30, 1393. Commissioner Lambert said there is a possibility that she Will not be present on the 30th Chairman Lynch asked if it would be possible to get something to the Commission by November 23rd? Staff said that 'would not be possible because they are short of time Commissioner Nelson asked what staff is going to submit to them for the 'meeting on the 30th Staff said they have not addressed new communities and rural land divisions. 1 BUTTE COUNTY PLANNING COMMISSION MINUTES -'November 17, 1993 Commissioner Lambert discussed eliminating Options 4 and 5. She said if there were going to be unincorporated communities, she would want to see a fiscal an specific area in mind, etc, alysis, a Commissioner Ferguson asked why say no to all or paTt of an Option without all of the information. He said if someone were to propose a new town that would not twice agriculture lands, would "not pollute the environment, and would make the County money, 1 would be willing to look at that pro1ect favorably. Commissioner Nelson said if they get ,* good concept in front of the Commission, then they can address it on its merits. Staff said there are different kinds of general plans. Staff said some plans are quite explicit in their land use designations. Staff said some plans are criteria driven. Commissioner Nelson said they have 5 concepts and the Commission needs to decide. which concept to send to the consultant. Chairman Lynch asked staff to try to focus on what the Commission wants. Commissioner Ferguson said he wants a list of the good points of all the options combined to make one option. Chairman Lynch Lambert n time }o ha eh� would like to have something delivered to CommlSsloner her written comments ort November 00th in case she is unable to attend the meeting, The hearing was re-opehed Chairman Lynch rontinued this hearing open to Novemb,sr 30, 1993 at 9;00 a.n;, aria staff to bring back a recommendation. SPECIAL MEETING Recycling Market Development Zone Cesignatfon Commissioner Nelson was absent at this time. Staff said this is a proposed resolution to the Board of Supervisors. Staff said the proposed designation for the City of Chico and northern Butte County lih Market Development Zone. Staff Bald in 1990 the Governor and tate leg as a 8l tur9 established ts'�e California Market Developmeht Zone program, Staff said the program said there fis a vara to Use g of the.perm t process for recycling. Staff offers incencwes, tax breaks, and streamlining the land fills, y all the recycling that is bung done, rather than putting it into Commissioner Nelsen was present at this time. ti$ BUTTE COUNTY PLANNING COMMISSION MINUTES November 17, 71993 Don Smatt, City o osed zone consists off Chico, explained the purpose for this zone. He said the the City of Chico sphere and adjacent portions of Butte County. He said the County portions outside the Sphare include a portion of theCounty to the west identified by "A" on the exhibit submitted at the meeting, from Wilson Landing Road out to Nord Cana Highway and also out to River Road, dawn to Chico River Road. He said area "B" continues farther south along River Road and bordered on the north Chico River Road down to Nord ferry and Durham Dayton Highwayand out by o Highway 99. He said area "C" is the area that goes along the extensioof Durham Pentz Road out to Clark, including Butte College, u m Up the PG&E powerline easement over to Skyway and back down. He said the intent for including such a large area is because the zone designation is for a 10 year period. He said this proposal is n about zoning. He said this designation does not in an p of any local zoning or land use regulations, it is a name orydefining bounof daries certain state programs. He said they are trying to encourage the manufacturers to us the recycled materials. He said the will be fo^, e because that is the most a ro appropriate area to have o recycling alareas m paniesrmand manufacturers that will use the produc products. He said areas A B, & C are concernedP and ag• waste. He said the type of thing that is currently burned or shipped out of�the area. He said in area B there are two resources for recycling, Cal State Farm and. there is a waste Water treatment plant In the area. He discusser,,) the land fillp roblems. Commissioner Lambert said she is concernedwith businesses being located on agricultural land. She said there nrr,� nIa�,nL, nir....J.. �.. __.., ,., .. %,Uunty inat deal with ag, Mr. Smail said they wilt be working with existing companl6s and are not talki bringing in a lot of other buildings: ng about Chairman Lynch said Y this proposal will not create a factory in the a . land, if this will be able to go against the current zoning? g He asked Mr, 'Small said no, Commissioner Lambert said she did riot see the need to desighate such a large g area, Mr, Small said the areas must be contiguous. He said it is a large area but it; probably not all be used, , will Commissioner Lambert said the area should include Durham and the almond businesses, hull Mr. Bmail said the area goes down to Durham, Commissioner Nelson asked if this was like an overlay zone and would not change present z0hing? nge the 16 BUTTE COUNTY PLANNING COMMISSION MINUTES November 17, 199 Mr. Smail said yes, it gives the Commission an opportunity to use the recycled waste, He said the incentives are state loans at 4 1/2 % for business using the recycled products, and a tax credit for acquisition of new equipment for recycling. Chairman Lynch was concerned that hullers could go into manufacturing in an ag, Zone. Mr, Small said they would be working with existing hullers to find out if there is a better Way to chip the almond hulls to provide a better quality and better size pellet that a wood company could use. Commissioner Lambert said the concept is great in the industrial zones and all the places that are in existence are fine, ie., Butte College, Chico State farms, etc, Commissioner Nelson said he did not have a problem with this request. Chairtrja -a Lynch said the proposal should include Durham, Mr. Smail said they need a flexible area. Commissioner Lambert said maybe they should consider -using all of Butte County as the 'area: Mr.Small said they might consider all the area ext -apt Oro-Viller He said rice hulls are a concern. Commissioner Ferguson questioned Wage 1 of the draft. resoll.010n, second dine, where it starts out with "development zones within the cities which pr�)vides programs, He asked if this should say "cities and county"? Mr. Small said yes, Mr. Small said the funds can be for individuals as well as companles:, The hoa,ring was opened to the public, ,No one was present to speak: The hearing was closed It was moved by Commissioner Nelson, seconded by Commissioner Ferguson, and unanimously carried to recommend the Board of ;Supervisors adopt the resolution supporting the City of Chico/Northern Butte County application for designation as a Recycling Market Gpvelopment Zone and authorize the Chairman to sign. 17 Rte, R . tic OUnt .. LANG} OF MATUALVi/CAL7H ANDB5AIJrY PLANNING oIVISIoN DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER OWE - OnOWLE, CALIFORNIA 86886=3W TELEPHONE; I©16) 638.7601 TAXI 19 10) 638*7786 BUTTE COUNTY PLANNING COMMISSION November 17, 1993 TIME;- 9:00 a.m. PLACE: Board of Supervisors' Room County Administration Center 25 County Center Drive Oroville, CA 95965 1. PLEDGE OF ALLEGIANCE Ih ROLL CALL Ill. APPROVAL OF THE MINUTES i October 28, 1993, IV. CONSENT - TEMPORARY MOBILE HOME RENEWALS - Cary Hedlind on AP 9-240-023 for Floyd Hedlind, Bob Bryson on AP 028-190-021 for. Hix Bryson, Shirley Tyrer on AP 056-090-083 for Mildred Rexroat, Charles Phillips on AP 036 300-08.1 for Gerald _ L. Phillips. V. ABANDONMENT 1, Clinton D. Whitehead - aandonment of a portion of the 30 foot storm drain easement on property zoned A -R (Agricultural - Residential) located on the northwest corner of Siskiyou Avenue and Seventh Street, identified as AP 031-290-028, Thermalitb, (LPW) (94-02) Care Schwartz. Abandonment °matelyf a d600 fe tenorth a Road, formerly named Hillcrest Avenue, a of Its Intersection with Heritage Live, adjacent to AP 069-320-0121 Oroville. (LPW) (94-03) VII. Vil. BUSINESS FROM THE FLOOR ON ITEMS NOT ALREADY ON THE AGENDA (Presentations will be limited to five minutes. The Planning Commission is prohibited by State Law from taking action on any item presented if it is not listed on the Agenda) PUBLIC HEARING PROCEDURE The Chair will call for: A. Staff Comments B.. Open the hearing to the public I. Proponents 2 Opponents 3. Proponents rebuttal 4,. Opponents rebuttal C. Close hearing to the public D Commission discussion E: Motion F. Vote It it requested presentations hminutes that all interestedparties will have ano opportunity to e Commission. Following your presentation, pleas print your name and address on the speakers sheet so that the record verily be accurate. Vill. PUBLIC HEARINGS, 9;00 a.m. - David Gallucc - (Item determined to be a General Rule Exehiption from Environmental Review) Use Permit to allow the storage of fence materials and supplies on property zoned 'H -C (Highway Commercial) located on the north side of Cedar Lake Drive, approximately 250 feet east of Skyway, . identified as AF 065-210-063, Magalia (TL) (VIDEO) 9;00' a.m. - PG&E (Item' determined to be categorically exempt from ermironmental review) Use Kermit to expand an existing PG&E substation maintenance building on property zoned "U" (Unclassified) located on the north side of Cottonwood road, approximately 1.7 miles east of U,S. Highway 99, identified as AP 041-230-006, 007, and 000, nor+h of Oroville, (LPW) 9;00 a. m, - Charley and CathyR_h me - (item determined to be categorically exempt from environmental review) Use Permit to allow a permanent second dwelling on property zoned A -R (Agricultural A Residential) located on the south side of Nelson Avenue, approximatialy 650feet east of 12th Street at 1081 Nelson Avenue, Identined as AP 031-180-045, Thermalto, (LPW) (VIDEO) 2 ay BUTTE COUNTY PLANNING #CONIMISSION AGENDA, - November 17, 199 9:00 a.m. Terry L.. Alexander - proposed N9Q9fi\-,e Declaration regarding environmental impacts and Use Permit to allow the expansion ° of an existing kennel (Use Permit #90-45) from 27 dogs to 80 dugs, on property zoned A-10 (Agricultural - 10 acre parcels) located on the +Yost side of Meridian Road, approximately 2 miles north of Highway 09 at 15081' Meridian Road, identified as AP 047-1100-106, Chico. (GBS) (VIDEO) - conduct a public hearing to consider t o g sign will 9:30 a.m. Butte Coun Board of Supervisors The Planning Commis 9 he Iss . es and Options .Report prepared as, part_ of the current: update of the General Plan. The Commission will also receive a staff report summarizing public comments and making recommendations concerning the Issues and Options 'Report. The Commission will accept public,,,oral, and written comments and will forward its recommendations on this phase of the General Plan update to the Board of Supervisors. IX APPOINTMENTS AND REPORTS OF SUB-Cotvi IITTEES X. MISCELLANEOUS Xl CORRESPONDENCE XIi' ADJOURNMENT t _ 3 y k U BUTTE COUNTY PLANNING COMMISSION MINUTES - October 28, 1993 } I, PLEDGE OF ALLEGIANCE IL ROLL CALL: Present Commissioners Nelson, Ferguson, Lambert, and Chairman Lynch Also Present; Paula Leasure, Principal Planner Lisa Purvis Wison, Asso, Planner Tom Last, Senior Planner Craig Sanders, Associate Planner Nick Ellena, Chico Enter. Record Lynn Richardson, Secretary III, APPROVAL OF THE 'MINUTES October 14, 1993 The Commission had the following additions; Page 4, 5th para. add "at this time and consider future 'because needs as annual review periods occur,"; Page 6, 8th para, after extended add because the approval letter was not signed on 'September, as originally scheduled" and after "and" add "thus"; 10th para. after "Chico" change to"Nitrate Plan area.", 13th para. change "discussed" to "asked staff to go over", 14th para. after "for" to read "one or two senior citizens, one of which must be 62 years of age,"; Page 7, lastara, after p "property" add "for his mother" and Page 8, 10th para, after "said" add "Mr. Lee presented a property tax bill indicating", pp s moved by Commissioner Lambert, seconded by Chairman Lynch and carried to at w approve the minutes as corrected by the following vote: AYES: Commissioners Lambert, Nelson, and Ferguson, NOES: No one ABSENT: No one ABSTAIrI!ED: Chairman Lynch IV CONSENT - TEMPORARY MOBILE HOME RENEWALS - Robert Foster on AP 025-320-017 for Robert and Clara Williams, pan McWilliams on AP 056-120.065 for Aphra McWilliams, S r 1 BUTTE COUNTY PLANNING COMMISSION MINUTES - October 26, 1993 Staff said the renewals were in order-. It was moved by Commissioner Lambert, seconded by Commissioner Ferguson and Unanimously carried for approval, V. BUSINESS FROM THE FLOOR ON ITEMS NOT ALREADY ON THE AGENDA (Presentations will be limited to five rninutes. The Planning Commission is prohibited by State Law from taking action on any item presented if it is not listed on the agenda) None, A. PUBLIC HEARING PROCEDURE The Chair will call for: A. Staff Comments B. Open the hearing to the public L Proponents Z Opponents Proponents rebuttal 4. Opponents rebuttal C, talose hearing '-ry the public D. Cornmissior, ission F-- . Motion F Vote It is requested that presentations be limited to a maximum of 5 minutes to that all iI nterested parties will have an opportunity to address the Commission. Following yot r presentation, please print your name ;and address on the speakers sheet to that the record will be accurate. VII: PUBLIC HEARINGS. M.C.regarding orHni nme'ntai impacts proposed Ne acts anda five declaration with mitigation measures General Plan Amendment from Grazing and Open Land to Industrial; Rezone rrorrt U "(Unclassified) to M-1 (Light Industrial,) ort 10,43 acres; and amendment and extehsion of a Develo meet A. reement for 67 acres plus the inclusion of a 10:43 acre rrarcel into the ag-Metiient on property locate-( on both sides of Durham-Peutz R&Rd, east of Highway 99, identified as AP 040-1 i0-036, 040-040-017 and 018, Central Butte area. (TL) (02-31 A, & B) Staff submitted two staff findings for this project Staff said the first thincy to be do, sidered is the General Pian Amendment and Rezoning. Staff said the tv-)nd thing to consider is the Development Agreement:. Staff provided the Commission with r. t SUT`Ti E COUNTY PLANNING COMMISSION MINUTES - October 28, 1993 separate motions as well. Chalrman Lynch asked if this site is a part of or adjoining the industrially zoned part of the D2N planning ar•3a? Staff said 'his is to the northwest of the D2N Planning area, Commissionc,-arguson said the suggested motion states that The Commission has studied thra "a . t i,ar'ed Negative Declaration".. He said he has not seen this document. He asked if .�, , .4' 'gated Negative Declaration was the same as the initial Study? int a)said s u they wc, e i °'e same and the wording would be changed in the motion to stato M " Commissioner Nelson said the map attached to the staff finding is confining because it shows the whole parcel size as the proposal, Chairman Lynch said one problem is the map does not show the General Plan designation o, The hearing was opened to the public, Mark Risso, A & Q Engineering, and representing the applicant, said he was here to answer questions. Chairman Lynch asked if the conditions listed on the Development Agreement were agreeable with the applicant. Mr. Risso said yes, The hearing was closed, CommissionerNelson asked if the Development Agreement was something that goes beyond the requirements of the zoning ordinance? Staff said the Development Agreement ;provides protection to 'Vie developer to insure they can develop certain uses on the property% Staff said the Development Agreement provides assurances for both the County and applicant, Commissioner Nelson asked lpcthe s..r did not want the 'Development Agreemeht, 'Would they still hav certain High under the M-1 zoning? Chairman Lynch said the applicant would be restricting their rights under the M"1 zone by the Develo;lrnent Agreement, 3 BUTTE COUNTY PLANNING COMMISSION MINUTES - October 28, 1993 Commissioner Lambert said that plan and what is included, She a eked if the develope 2 of the staff ment discusses a preliminary site to this plan? p nt agreement ties the applicant Staff said no, it does not. 'Staff said the preliminary plan was s ago when the application was submitted. submitted over a year Commissioner Lambert said she had no problem Wieth this request b specific location and proximity to other industrial property. accuse of the P p rty. Chairman Lynch said the area is already developing logical to develop this ia-1- acres as industrial, p as light industrial and it seems Commissioner Nelson said manufacturing does not belong'in t ` County should bring the manufacturing to the people and not briis area. He ng the the manufacturing. hle said there is Property ring the commut© s and OrOville area ,and it is not needed 8 miles omrtown zoned industrial in the Chico ,and and the nature of the road improv©meat in the area, creating g ven its this parcel and given the already i an Isla (He said, owever i add this to the industrial area), Y ewsttng and adjacent mdustriai zone, it is I gical to Chairman Lynch said this will not be a labor intensive type of operationin o g , g in here, Commissioner Nelson said the Commission does not know what toperations go in, ypic of o p ns will Chairman Lynch said this will not allow an expansion into prime agricultural land. It was moved by Commissioner Lambert, seconded b; Cha for approval as follows: y Chairman Lynch, and carried MOTION; ACCEPT21 g93,.THE M%�ICE THE FINDINGS OF STAFF MEMO DA i'ED OCTOBER MOTIONS AS OUTLINED UNDER Lg TED„ UNDER "A" AND MAKE THE > G , AND D A� Find that 1 • All Initial Study was completed in compll2,nce with the Environmental Quality Act: California 2 Said study and comments received thereon identified no s` i that the project may have. ignificant effects BUTTE COUNTY PLANNING COMMISSION MINUTES - October 28, 1996 3. California :osed lnv nitial onmehtStudal Quality has beAct, en completed in compliance with the 4. The Planning Commission has independently reviewed, analyzed and considered the initial study in making its recommendation to the Board of Supervisors: 5. The proposed General Plan Amendment conforms with the policies and standards of the Butte County General Plan. b: The proposed .Rezone is compatible with the General Plan Amendment and complies with the M-1 zoning standards. B. Recommend that the Board of Supervisors adopt a Mitigated Negative Declaration for the General Plan Amendment and Rezone for that property Identified as AP 040-130036 011orning); and C. Adopt a Resolution recommending that the Board of Supervisors amend the General Plan from Grazing and Open Land to Industrial for that property identified as AP 040-130-036 (Horning).; and D. Recommend that the Board of Supervisors adopt an ordinance, rezoning to M- 1 with the special regulations and improvement standards as shown in the related Development Agreement for that property identified as AP 040-130-036 (Horning). Commissioner Lambert said the paragraph on bonding that is usually put in Development Agreements, is not included in this one: She asked if this was important? Staff said it was not needed for ihis type of ;op( -,,;,,tion. Chairman Lynch noted that the "hold harmlessparagraph" is in the agreement. He said thq agreement restricts the M-1 zone in Paragraph 10 acid leaves out 5 objectionable the a Commissioner Lambert asked if the 101% open space requirement was transferable? Staff said no, the only transferable portion is the commercial percentages, Chairman Lynch asked if the 36% commercial would also include the parking area? Staff said yes: Comtnissloher Nelson asked how the 36% was arrived y:.;d o,'aff said they did not know, Commissioner Nelson said �66/o Was high for cora,-t 1 uses in this area. 5 ti BUTTE COUNTY PLANNING COMMISSION MINUTES October 28, 190," Commissioner Lambert asked ;I(K) I O and O on page 6 were in conflict? Staff said one item is dealing 1,v,'..th the landscaping and the other deals with the physical construction of the buildings and roads. Commissioner Lambert asked att.'! �,st the reference to hazard waste on Pages 7 & 8, She asked if there is a Class I fachity, for hazardous waste, in Butte County? Staff Omid' there is no facility in Butte County, Chairman Lynch said he would not have a problem with a gas station at this location. He said there is no gas station between Gridley and Chico on Highway 99, Commissioner Nelson was concerned, with there being a whole mini -commercial area at this location. Chairman Lynch said he did not see a problem with commercial development at this location. Commissioner Lambert said the commercial and industrial development needs to be limited in this area. She said she would no$, approve a proposal to expand beyond what is in front of the Commission today, Commissioner Nelson said they should add shade trees in the parking area to the landscaping requirement on Page 6, Commissioner Ferguson said on Pae x Page t' t stater fherc+ is an Exhibit A attached, He said he did not receive Exhibit A and a.a�r`;�1 what it was? .aff said Exhibit A is the large Mar) subnyitted by =)e app•;:;aht . It 4a. 's moved by Commissioner Laimbp q�, seconded by 'Ch8irr�•man L 4 for ,. pprOval of the ObVelopment Agree, ,,art as follows, Lynch, and carried 1. Find that: A, An Initial Study was completed in compliance with the California Environmental Quality Act; e; Said study and comments: recoived thereon identified no Significant s'ffects that the project may have; C, Proposed initial Siudy has ' Deen completed in compliance with the G BU17E COUNTY PLANNING COMMISSION MINUTES - October 28, 1993 California Environmental Quality Ac.t, D. The Planning commission has independently reviewed, analyzed, and considered the Initial Study: 2, Find that the Development, Agreement is consistent with the Industrial Land Use designation of the Butte County General Plan, and 3, Recommend that the Board of Supervisors adopt a Mitigated Negative Declaration for the Development Agreement for that property identified as AP 040 130-036 and 040-490-017, 018 (M. C Horning), and 4: Recommend that the Board of Supervisors adopt an Ordinance extending and amending the Development Agreement for that property identified as AP 040- 180-03e-, and 040490-017, 018 (M. C. Horning): AYES: Commissioners Ferguson, I,.ambert, and Chairman Lynch NOES: Commissioner Nelson ASSENT. No one ABSTAINED: No one Commissioner Nelson Said he voted no because of the 36% of commercial being too high. He said he nad no problems with the rest of the Agreement. Tri Flame Piooane - proposed Negative D�qolaration with mitigation measures regarding environmental impacts and . Us Permit to allow the storage of flammables, in a 30,000 gallon storage tank;, for retail sales, on property zoned H -C (Highway Commercial) located south of the northerly intersection of Skyway and Dogtown Road, identified as AP 064-660-02r, and 027, Magalia (TL) (VIDEO) The Commission waived the reading of the Staff Findings. A video of the site Was shown, -Staff gave a brief summary of the project; Staff said there is nothing within 200=340 feet of this facility. Staff said the main issue is theotential fire and explosion hazards: Staff said the propane tank will not be used by thegeneral public. Charman Lynch said they will only ;be loading into delivery trucks, this is really a 7 BUTTE COUNTY PLANNING COMMISSION MINUTES October 20, 1903 wholesale distribution station rather than a resale plant: Ted Crawford, CDF, said there will be barriers so no vehicles could run into the tank. He said the Fire Department has no problems with this request, He said the pipes on this tank will be large enough there should not be a problem during periods of heavy` snow. He said the area will be inspected yearly for grasses and brush encroachment to the tank. Commissioner Ferguson noted that the attachment listed in the comment section of the Staff Report was not 'included in their packets. There was a discussion about the video not showing the surrounding area, but only the site. 'The hearing was opened to the public: Mike Bitker, co-owner of Tri Flame, was present to answer questions. Chairman Lynch said they received a letter asking that the deliveries not be during peak: hours. He asked Mr. Bitker if this was acceptable? Mr. Bitker said this was acceptable. He said their entrance and exit would be off of Dogtown Road. He said they presently operate two trucks and they are growing. He said on a 5 year basis ;they will probably increase to three delivery trucks and one part- time truck. He .said the delivery trucks are 1,500 and 2,500 gallon trucks. He said they are regulated by Cal OSHA. He said without OSHA's approval they will not be able to operate, He said that the plant will be for wholesale, only. Commissioner 'Lambert asked the sight distance to the "S" on Dogtown Road from this site? Mr. Sitker said approtdmately 150-160 feet. He said there will be a circular driveway and no one will be backing onto Dogtown Road. He said 75% of their customers are on the ridge. He said there will be empty storage tanks for private use stored at this site;, Commissioner Ferguson said there is a potential for traffic hazards on Dogtown Road because of the "S" curve. Mr. Bitker said there should not be a problem. He said this is why they are not coining off of Skyways F. M Smith said he i5 !/1 Oth of a mile from this situ, He did not think this was a good location because it is too close to Skyway. He thought there vias a potential of a car 8 BUTTE COUNTY PLANNING COMMISSION MINUTES October 28, 1993 hitting this tank. He wanted a condition for barricades to prevent this from happening and then he would not be opposed to the project. Bob Soper said he agreed with Mr. Smith. He requested a berm to protect the tank from any accidents. Lloyd Steele said his propet iy is across the road from this property. He also said it was a bad location. He was concerned with the lake if there were any leaks from this tank, Mr. Bitker said propane is a liquid in the tank. He said if there was a leak the liquid would turn to vapors and no longer be a threat to the lake. He said theca is also a built in shutdown valve in case of a leak. He said crash posts will be around the whole tank and a chain link fence will be put in around the whole property. He explained the problems of putting in a berm. He said he has no problems with the conditions and he is willing to re-orient the tank to the east-west location: Chairman Lynch asked if there was a posted suggested speed for the "Si' curve? Staff said they 'were not sure if the curve was posted; Ted Crawford said it is a gradual curve and is not posted. The hearing was closed. Commissioner Nelson noted the letters received in opposition and a letter from the Upper Ridge Municipal Advisory Council in support and a letter from Supervisor Thomas in support: Commissioner Lambert said the ;site is fairly well isolated. Sho was concerned with the curve on Dogtown :Road and would like to see a speed for this curve posted: Chairman Lynch suggested the applicant post a "slow truck entering" sign on the road. Staff said Public Works did not express any concerns with the sight distance from this site. Commissioner Nelson asked staff to have Public 'Works take another look at this section of road. Chairman Lynch said the applicant could coordinate with Public Works regarding a sign. Commissioner Nelson said the Commission is c6n0erned and asked staff to have Public Works look at this area again: 9 BUTTE COUNTY PLANNING COMMISSIOt4 MINUTES - October 28, 1993` Chairman Lynch said the spacing of the crash posts should be changed from '1 " ft:" 'to 5 ft.. centers. He suggested adding the condition for "Deliveries shall be restricted to non -peak hours except in case of an emergency.' It was moved by Commissioner Lambert, seconded by Chairman Lynch, and unanimously carried for approval as follows, A Note that an Initial Study has been conducted in compliance v4th the Califcrnia Environmental Quality Act and that mitigation measures have been proposed to eliminate or substantially reduce potential impacts, and B. The Planning Commission has independently reviewed, analyzed and considered the Initial Study prior to making its decision on the project, and find that the Initial Study reflects the independent judgement of the County of Butte; and C. Adopt a Mitigated Negative Declaration, and D. Find that the proposed use is compatible with the Integrity and character- of the H -C zone and the General Plan designation of Commercial, and E. Find that the project, as conditohed, will not result in a detrimental impact to the general health, safety and welfare of neighboring properties, and F. Approve the Use Permit to allow a propane storage tank on AP No. 064m660- 026 and 027 (Tri Flame Propane) subject to the following conditions; 1 Prior to issuance of the Use Permit a revised site plan shall be provided that reflects the following; a. o otherwise modife, -odent the pied�ae propane Counttank to y east. -west directions unless P _ty Fre Department, b, vide for tree,10 foot landsca a buffer Plan along the Skyway that 'Provide d shrubs. p c Famove the four parking stalls from the plan. 2 Meet the Environmental Health requirements for the use of Hazardotfs Materials. All fiammable vegetation within 30 feet of the tank shall be removed and Maintained o� M intained so as to prevent revs etat _g lone 10 �r BUTTE COUNTY PLANNING COMMISSION MINUTES - October 28, 1993 4, Asphalt paving shall be provided to Dogtown Road and within the interior road to Public Works standards. 5. Prior to issuance of the Use Permit, a revised site plan shall be provided that illustrates the Fire Departments accepted orientation of the tank. Vegetation clearance is a condition of approval and the crash posts at 5 ft. centers are required as part of the project. 6. Should any historic, or prehistoric sites, features, artifacts, or human skeletal remains be discovered during the project development, activity shall cease until a qualified professional archaeologist has been consulted to access the archaeological or historic significance. ?. Place a truck entering warning or other warning signs on Dogtown Road, if determinedto be necessary by the Department of Public Works. 8, Deliveries shall be restricted to non-peak hours except in the case of an emergency. 9. Applicant shall comply with all other applicable State and local statutes, ordinances and regulations. NOTE: Minor changes may be approved administratively by the Director of Development. Services upon receipt of a substantiated written request by the applicant. Prior to such approval, a verification shall be made by each Department or Division that the modification is consistent with the application fees paid and environmental determination as conditionally approved.Changes deemed to be major or significant in nature shall require a formal application for amendment. Chairman Lynch asked staff what are considered to be "minor changes"? Staff said items that were :not critical to safety and would not effect the integrity of the Use Permit. .Jacob and Ma W IGonzales - (Item determined to be categorically exempt from environmental review) Use Permit to allow a mobile home as a temporarysecond dwelling on property zoned AR-MH-5 (Agrictaltural Residential Mobile Home 5 acre parcels) located on the east side of Upper Palermo Road, approximately Map 036-300-043, South Oroville area. (bp 1 Upper Palermo Road, identified as AP` 300 feet north of Ma le Avenue, at 643 W) (1/IDEO) 11 wn f BUTTE COUNTY PLANNING COMMISSION MINUTES - October 28, 1993 The Commission waived the reading of the Staff Findings, A video of the site was shown.: Staff gave a brief summary of the project. The hearing was opened to the public, Mary Gonzales said she agreed with the conditions, The hearing was closed, Commissioner Lambert asked if the condition for $200 regarding the water tender was new? Staff said thiswas included to ,provide clarification to the applicant in advance of what the fee will be. It was moved by Commissioner Ferguson, seconded by Chairman Lynch, and unanimously carried for approval as follows: Y A. Pind that this project is Categorically Exempt from environmental review; and B F'itlu th.al lhis pY,�+,rbc ed use of the property will not impair the integrity and character of tr,e, Zore In which the land lies and that the use would not be unreasonably iatible ��:-ncort±�n;'fi, or injuriou, to, surrounding properties or detrimerital to the health arid9 uncrat VV611 ct of the persons residing or working in the neighborhood or to ,the general health, weifare, and safety of the County; and C, on rove te-300- he Use permit to allow a temporary mobile rtu;,;e as a sec;ortt�,; 043 (Gonzales) subject to tha following condi1lons: 1= Occupancy of the mobilo home is limited to Jacob and Mary Gonzales and son, u 2. No rent is to be chargedto the occupant of the mobile home. 3. Meet the requirements of the Outte County Environmental Health Department for domestic water supply and sewage disposal, 4, The mobile home is to be a temporary use on the property pursuant to the requirements of Section 24-304 of the Butte County Code, 5. The Use permit shall expire two years from the date of issUance of the Use Perini#, Upon application, the planning Commission may grant an 12 BUTTE COUNTY PLANNING COMMISSION MINUTES October 28, 1993 extension of the Use Permit not axceeding one year, 6 In the event that thea applicant who is residing within the snot,,,, s�; rA the conventional residence, for any reason, moves to or is deceased, then in that 'event, the Use Permit granted herein shall automatically expire and the mobile home shall be removed within one hundred twenty (120) days. In the event the mobile home is not removed within one hundred twenty Permit, the County shall removethemobile home and store of the Use owner's expense: d store it at the 7• The applicant is to pay a dep removalosit or post a bond to cover the cost o a le -wide mobile. the amount of $1;500 for a single -wide mobile or $2,000.00 for ddouble-wide 8. Meet the requirements of the Building Division of the Butte Coun Department of Public Works. tY 9? Meet the requirements of the Butte County Fire Department/California. Department of Forestry, (AII structures rcnust meet Fire Safe Regulations of PRC 4290, Payment' of $200 into Battalion 3 Water Tender Fund.) 10. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. NOTE: Minor changes may be approved administratively by the Director of Development Services upon receipt of a substantiated written request by the applicant. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent With the application fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for an amendment, Discussion - The ^oUnty Cods Section 2-72 and the Commission's By -Laws, ruling of a vote being ed an interest in going back to the aid Sta said some of the Commissioners show 9 carrie d by a majority of the quorum of the Commissioners present at the meeting, Staff said an amendment of the By -Laws will go though the Board of Supervisors. Chairman Lynch said the Commission either has to change theCoun Code ty or change 13 i BUl'TE COUfvTY pLANNING C0►v11v11SSlOf�l' MINUTES October 28, 1993 the By -Laws to conform with the County 'Code; Commissioner Lambert said, at the last meeting, Neil McCabe brought to the attention of the Commission, that their 'By -Laws were in Conflict with the County Code, and the County Code tool, precedence over the By -Laws. Commissioner Lambert suggested she Commission go back to the previous way of voting and change their By -Laws to be consistent with the County Code. Chairman Lynch agreed it would be the simplest thing to do, It was moved by Commissioner Lambert, seconded by Commissioner Nelsen, and unanimously carried to recommend to the Board of Supervisors to amend the r,',y-Laws, Article IV, ,Section 1, to be changed to the previous wording to make them consistent With the Butte County Code, IX, APPOINTMENTS AND REPORTS OF SUB-COMM117EES X MISCELLANEOUS 1. Discussion - Administrative Permit process, Aunt Minnie process and 62- 1200s. SW! said they are in the process of amending the zoning code and bringing it up to date, Staff said they would like the Commissions Input regarding their concerns. Chairman Lynch said it is simpler and easier to get a permanent second dwelling (Granny housing) than it is to et a tem orarrw , they were at cross purposes of what they ha✓e done dwelling pasAunt Minnie). He said Corn rnissioner Lambert said she could like to have Granny housing back through the Planning Commission as a Use Pormit, She said she Would like to pursue what could be done in creating an ordinance to give the Commission some latitude and flexibility concerning what conditions slid/or denial of the Granny housing, Chairman Lynch said one of the main differences between the two types of second dwellings is that one is a rental and one is not, Commissioner Nelsoti asked if the 62-1200 law was written by the State?' Staff said 'yas, Commissioner Lambert said she wanted to pursue the po; sbility of an. Ordinance ty said like the 6241200 _permits back invests �ated with Coun Counsel, She said she Would 14 _. -- - -— --.... , MINUTES - October 28, 1993 to the Commission ,a , a_Use Permit: Staff said this would need to come back to the Planning Commission as a code amendment and a published hearing. Commissioner Ferguson said 'he wants to see the Aunt Minnie applications at the Commission. Staff said they would like to see tho applications follow the intent of the Ordinance more closely. Staff said they neerl to require doctor certificates or some other evidence of the need for an "Aunt Minnie" dwelling. Commissioner Lambert said she would like the date of the first application provided on renewal request form Chairman Lynch said staff should discuss the 62-1200 with County Counsel first and get the Commission's options. He said then they could bring the Granny housing and Aunt Minnie housing back to the Commission for further discussion. Commissioner Lambert sand it was her understanding wheii the Administrative Process was enacted, it provided that the Commission would see these projects if there was one or more objections, and not wait for an appeal. Chairman. Lynch said it was his understanding the meetings at the DevelopmentReview Committee would be public hearings and this is not the case, Staff said the Development Review Committee recommends approval to the Development Services Director. Commissioner Lambert said the notices go out showing the comment period, which already states What the approval date Will be, and then there is an 8 day appeal period. The appeal costs $250.00. She said she was not sure whether this is cheaper or a st~aamlinng of the process: She said she Was not sure this gave the proposals an adequate public hearing, She discussed agricultural zones and the problems With having a permanent house, an ag. Worker house; then a granny house. She Was concerned with densities. Chairman Lynch asked if they Wanted'a motion to establish a sub -committee to work With County Counsel? Commissioner Lambert said she was willing to let staff take the Commission's concerns to County Counsel. Chairman Lynch said he wanted to see their options in 'hoer to condition the Granny 15 BUTTE COUNTY PLANNING COMMISSION MINUTES - October 28, 1903 Housing and have staff meet with County Counsel and report back to the Commission. He talked about streamlining the process for changes in occupancy on a temporary second dwelling; It was the.:onsensus for staff to tako this matter to County Counsel and briny back to the Commission. The matter was opened to the public. There was no one wishing to speak on this item. The matter was closed. 2: Discussion Ordinance No. 3083, Chapter 13 of the Butte County Code regarding Surface Mining and Reclamation. Staff said the Ordinance was given to the Commission to update their zoning book. Staff said it was for information only to make the Commission aware of the process. Commissioner Nelson asked if there was still a mining committee and staff said yes, Commissioner Nelson asked if any of thu other Commissioners have concerns regarding the number of zones in the zoning code? He said the Commission might want to look at this problem after the Genoral Plan update. Commissioner Lambert said over 6 years ago the Commission '"revised the entire zoning_ code section and it is 'still at the Board. Commissioner Nelson said they should try to get it back to the Commission and Board for a vote, Chairman Lynch asked staff to bring their draft back to the Commission for consideration. Staff said they are doing some cleanup on the current Zoning Ordinance that will be coming to the Commission. Commissioner Lambert noted she has received calls regarding the problems with stables being allowed in the agricultural zones and requested this matter be "re; surfaced", and the committee appointed meet and then gendize this for a public 16 k i BUTTE COUNTYPLANNING C()MMISSION MINUTES - October 28, 1993 hearing.". Chairman Lynch said there will be a'meeting on November 17 '199,3, November 30, 1993, if needed for the. Issues and Options discussion, and Dec )mber 9 1993. Staff said this is correct. Staff said the November 17th meeting is for public Input and the Commission can make a decision at that time. The Commission requested staff to ask Dr. Collins if he WoUid be available to make a presentation to the Commission on November 17. The Commission said they would liKe a discus; On a future agenda. on on what "!rinor chFinges" consist of XI CORRESPONDENCE XII. AWOURNMENT There beingno further business, the meeting g was adjounhed at 71:5 a.m, ROBERT LYNCH, `H IRMAN Butte County Planning Commission 'f 7 fir., ite" r r F NATURAL WEALTH ANIS BrAUTY y PLANNING DIVISION r DEPARTMENT OF D'EVt:LOPMEO7 SERVICES 7 COUNTY CENTER DRIVE • OnOVILLE, CALIFORNIA 05905.3397 TELEPHONEt (916) 530-7601 FAX: (816) 530.7785 BUTTE COUNTY PLANNING COMMISSION October 28, 1993 TIME: 9:00 a.m. PLACE: Board of Supervisors' Room County Administration Center 25 County Center Drive' Oroville CA 95965 1. PLEDGE OF ALLEGIANCE II. ROLL CALL Ill. APPROVAL OF THE MINUTES - October 14, 1993. IV. CONSENT - TEMPORARY MOBILE HOME RENEWALS Robert Foster on AP 025-320,017 for Robertand Clara Williams; Dan McW11flaMS on AP 056'•120-065 for Aphra McWilliams. I V. BUSINESS FROM THE FLOORON ITEMS NOT ALREADY ON THE AGENDA '1 (Presentations will be limited to five minutes, The Planning Commission is rohi� 'r`edb S ate Law from takingaction on an item resented If it is not listed an the Agenda) y ' P VI. PUBLIC HEAR1140 PROCEDURE The Chair will call for: A. Staff Comments B. Open the hearing to the public 1. Proponents 2, Opponents 3. Proponents rebuttal' ISI . u BUTTE COUNTY PLANNING COMMISSION AGENDA - October 28, 1993' 4• Opponents rebuttal C. Close hearing to the public D. Commission discussion E. Motion F. Vote It is requested that presentations be limited to a maximum of 5 minutes so that all interested parties will have an opportunity to address the Commission. Following y our presentation, please print your name and address on the speakers sheet so that' the record will be accurate. VII. PUBLIC HEARINGS. 9:00 a.m. - M.C. Hornier - proposed Negative Declaration with mitigation measures regarding ars konmentai impacts and General Plan Amendment from Grazing and 'Open Land to Industrial; Rezone from "U" (Unclassified) to M-1 (Light Industrial) on 10.43 acres, and amendment and extension of a Development Agreement for 67 acres plus the inclusion of a 10.43 acre parcel into the agreement on property located on both sides of Durham Pentz Road, east of Highway 99, identified as AP 040-130-036, 040-049 017 and 018, Central Butte area, (TL) (92-31 A & 13) 9,00 a.m. -Tri Flame Propane p - proposed Negative Declaration with mitigation measures regarding environmental impacts and .Use Permit to allow the storage of flammables, in a 30,000 gallon storage tank, for reta"` sales, on property zoned H-C (Highway Commercial) located south of «ie northerly intersection of Skyway and Dogtown Road; identified as AP 064.660-026 - and 027, Magalia. 01) (VIDEO) - from environmental review) determined to be categorically exempt 9,00 a.m. Jgcob and Mary Gonzales (Item w) Use Permit to allow a mobile how4 as a. temporary second dwelling on property zoned AR-MH-5 (Agrict,:iurai parcels) Residential -Mobile Home - 5 acre arcels located on the east side of Upper Palermo Road, approximately 300 feet north of Maple Avenue,at 6431. Upper Palermo Road, identified as AP 036-300-043, South Orovilie area (LPW) (VIDEO) 10;30 a.m, - Discussion - The County Code Section 2-72 and the Commission`s Py- Laws: !X, APPOINTMENTS AND REPORTS OF SUB-COMMITTEES 2 BUTTE COUNTY PLANNING COMMISSION MINUTES - October '14, 1993 1. PLEDGE OF ALLEGIANCE II. ROLL CALL: Present: Commissioners Nelson and FergusonVice Chairman Lambert g ' Absent Chairman Lynch Also Present: Paula Leasure, Princ;ipai Planner Lisa Purvis Wilson, Asso. Plarmer Tom Last, Senior Planner Lynn Richardson, Secretary III, APPROVAL OF THE MINUTES 'September 23, 1993 The Commission had the following additions: Page 6, 5th para. add "Shea i store and laundromat are open for business and waiting on the commercial rtioe does riot create a financial hardship."; 6th para. after public" add "at this time only to local residents."; Page 9, 7th para, after "bridge" add "or culvert", Page 13, 2nd para: change to read "Commissioner Lambert questioned how Inis qualified under the ho occupation ordinance and the hiringof employees?",• me 0 , clarified and to what part of this project each applies."; age 19, 7th para to readdafter "with" "the statement that ON Highway operating at a level of service E is acceptable by CalTrans. ". p It was moved by Commissioner Ferguson, seconded by Commissioner Nelso unahimously carried to approve the minutes as corrected, nand IV, CONSENT - TEMPORARY MOBILE HOME RENEWALS - Arlie and. Ann Stroud on AP 026-202-015 for Myrtle E. Marshall; G & B. Wilson on AP 025--190-073 for Gladys M. Wilson; Bernice Wilson on AP 022-350-008 for Billie Terry; Cl�istei Howai d on AP 072-230-002 for David W. Morris; George. Kuntze on AP 036-0,1550- 053 for Lloyd Barnes, Charles F Wedefi on AP 036-310-124 for Neta L. Madison Staff said they were in order. urnousl tnaniwas e Y mmissioner Nelsoh, seconded by Commissioner Fer usoh y carried _ for approval of the renewals. g - and 1 V ABANDONMENT - Everett Johnston - Abandonment of a 5 ft, light and air easement and public utility easement lying within the northeast 1/4 of Section 26, T19N, R4E, also being a portion of Lot 60 of Carriage Manor, A PUD, identified as AP 036-780-060, Oroville. (CBS) Staff said the property owner wants to erect a carport next to the mobile home. Staff had no problems with this request. It was moved by Commissioner Ferguson, seconded by Commissioner Nelson, and unanimously carried to recommend approval of the abandonment and find it in conformnce with the General Plan. VI. BUSINESS FROM THE FLOOR ON ITEi`NtS NOT ALREADY ON THE AGENDA (Presentations will be limited to, five minutes. The Planning Commission is prohibited by State Lave+ from taking action on any item presented if it is not listed on the Agenda) None VillPUBLIC HEARING PAOCEDURI The Chair will call for; A. Staff Comments B. Open the hearing to the public, I. Proponents 2. Opponents 3 Proponents rebuttal 4. Opponents rebuttal C Close hearing to the public D. Commission disc' fission E. Motion F, Vote it is requested that presentations be limited to a maximum of 5 minutes so that all Interested parties will have an opportunity to address the Commission. Following your presentation, please print your name and address on the speakers sheet so that the record will be accurate. VIII. PUBLIC HEARINGS, Jlm Davis - (Item determined to be a general rule exemption from environmental review) Use Permit to allow a third dwelling on a 49 acre parcel, coned "U' (Unclassified) and S-H (Scenic Highway) located on the west side of Peutz Road, approximately 3000 feet north of Lime Saddle Road at 3855 Peutz Road, 2' IVIINU 1 1=0 yczooer 14, 1�393 identified as AP 041-470-075, Paradise. (TL) The Commission waived the reading of the Staff Findings, A video of the site was shown. Staff :gave a brief summary of the project; Staff said there are two existing mobile homes on the property and this is a request to build a third home. Staff said one of the issues with this project is that the zoning code allows for only one single family home per parcel, but the U (Unclassified) zone does allow multi family dwellings subject to the General Plan densities and also the approval of a use permit. Staff said there is a second issue in the conditional uses, which is u second dwelling unit with no extra restrictions being subject to the use permit process, Staff said the General Plan designation of Agricultural Residential states that there can only be one homesite per parcel and any parcels under 20 acres are subjectto the conditional criteria of the General Plan. Staff said the problem is a density issue in terms of the integrity of the General Plan and the zoning. Staff said the two dwelling units, as they exist now, would be consistent with the General Pian and zoning as far as density, hov„evar, a third unit would impact the integrity of the General Plan and zoning. Staff said there are parcels in the area of less than 10 acres to the north. Staff said this property is located within a winter range of the Buck's Mountain Deer Herd. The hearing was opened to the public Tom Wrinkle, Sierra West Surveying, said the staff report did not go into the conditional criteria. He said the site designation criteria states the site is beyond a service area of community water and sewer system which this project is call for less than 30% slope, which this project is; adjacent or near existing roads and public utilities which this is; n.ot within a flood plain or active faults; which it is not; and past official actions. He uaid the past official actions allowed 10 acre parcels across the street to split into fives, He said to the south of this property was a planned unit development approved for approximately 50 units at a one acre designation; He said this request is compatible with neighboring uses. He said the home would be built for the applicant's mother, He said the other mobile orl the property is for his son. He said the criteria said the project will be compatible 'pith neighboring activities, which this is, evidence of adequate water and sewage disposal capacity, which it does, availability of adequate fire protection facilities, which it has. Commissioner Ferguson asked the age of the parents? Mr. Wrinkle said the father-in-law is 87 years olds l Commission is not considering an Aunt Vice. Chairman Lambert a third dwelling dwell ngton� the parcel, ` Minnie, 1. She said some of the smaller parcels being created in the neighborhood happened prior to the "U" zoning, 3 du I IF= COUNTY PLANNING COMMISSION MINUTES October 14, 1993 Mr. Wrinkle said under the conditional criteria for multi -family dwellingst i meets that criteria. He said he is Willing to continue this hearing t discus application changing this application to a temporary dwelling: s With staff Jim Davis said he purchased this property years ago with the intent to live on the property with him. He said there were no restrictions on have his family dwellings when he bought the roe he number of p p rty He said he does not want to split the parcel, but wants to preserve the land for .his grandchildren. ICommissioner Nelson said he has but does have a problem with a Permanent third roblems �tunit.request for a temporary dwelling, Commissioner Ferguson said he had no problems with granting the re It was. He said he does understand the concern regarding thedensity.request the way %ice Chairman Lambert said she would prefer a temporary dwelling at this time and consider future family needs as annual review periods occur,. Staff said the change in applications would have to be advertised and this be continued open to the same date for a -find determination: hearing could It was moved by Commissioner Nelson, seconded by Commissioner unanimous) carried to continue this hearingFert 9'00 , and yr open to December S, 1993. at .9;00 a.nr, I Staff said that Assistant County Counsel has just advised that the Voting re adopted Code y s g gwrerntent by- laws that of the uwere adopted moO�ninance, action 2-72 will prevail over the recent_ majority vote of the Commission' present will be a bindof the -Board, ing decision. today's meeting, ' Charles & Jeanette Mellen - (item determined to be a general rule from environmental rev! coned A=5 (Agricultural ew) Use permit to allow a private dog i<ennei on 5 exemption Cres - 5 acre parcels) located on the west side ofDamron Laneapproximately 2500 feet south of Lor, Verjejes Road, 190 camron Lane, identified as AP 028-330-031) Bangor. (LPW) The Commission waived the reading of the Staff Findings, A video o shown, Staff gave a `brief summary of the project: f the sight Was Vice Chairman Lambert noted a letter from Ronald E, Belcher in favor of this project; BUTTE COUNTY PLANNING COMMISSION MINUTES October 14, 1993 Staff said they have no concerns with this project. Staff said the site a is in an isolated The hearing was opened to the public, Charles Mellen said the letter was from the homeowner to the north, He neighbors to the southeast. lie said his wife raid he has not been able to contact the nei to show, asses dogs Mike Seally said tie was the vet for Mr. Mellen and this is ore of the cr and quietest, kennels he has been to visit. .eanest, nicest; The hearing was closed. It was moved by Commissioner Ferguson, seconded by Commissioner unanimously parried for approval as follows: r Nelson, and A. find that the project is a general rule exemption; and 6, Find that the proposed use of the property will not impair the ince r character of the zone in which the land lies and that the use Wo i g sty and p i . unreasonably incompatible with, car injurious to surroundin u d not be g properties, or detrimental to the health and general welfare of the persons resloing or working e general health, welfare and safety of the County, inthe neighborhood or to the C. Approve the Use Permit to allow a private dog kennel; for u to 3 028-330-031 (Charles & Jeanette Mellen), subject to the following on lti on ns AP g ditions; 1, Applicant shall comply with Environmental Health Department requirements. _q mems,. 2. Applicant shall comply With Fire Safe Regulations of Public Resources Code 4290. 3. No more than thirty. (30) dogs shall be kept on-site at any one time. 4• Applicant shall obtain a license from the County of Butte (Rabies Control in accordance with Butte County Code Section 4.3 for the Operation o kennel, p f a 5. Applicant must also corn statutes, otdpp ply With all other applicable State and local inances and 'regulations. Note: Minor changes may be approved administrativel�r by the Director o f Development Services upon receipt of a substantiated written request b the _appiicaht, Prior to such approval, verification shall be made b each Department or Division that the modification is cohSisteht with the 5 ,f1 BUTTE COUNTY PLANNING COMMISSION MINUTES October 14, 1303 application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment: N o a Chue - (Item determined to be categorically exempt from environmental review) Administrafive P,;�rmit to allow a senior citizen dwelling no larger than 1200 square feet for one or two perrors age 62 years or over on property zoned A- 10 (Agricultural - 10 acre parcels) located on the. south side of Chico River Road, approximately 250 feet west of Crouch Avenue at 31.95 River Road, identified as AP 039-130-024, Chico. (LPW) The Commission waived the reading of the Staff Finding. A video of the sight was shown. Staff gave a brief description of the project; Vine Chairman lambert noted a letter received today from the applicant's son, Mr. Leo, Copies were made available to the audience. Commissioner Nelson asked if the two existing dwellings are legal? ;staff said yes,. Staff said there is a home on the property and an agricuitura_i worker's home, Staff said the ag, worker's home does not figure into the density. Commissioner Ferguson questioned if this appeal was made in a timely manner? Staff said the appeal period was extended because the approval letter was not sigiled on September 1, as originally scheduled by the Development Services Director and thus the. appeal was filed on time. Commissioner Ferguson asked if there was a nitrate problem in this area?, Staff said the site is outside the Chico Nitrate Plan area, Commissioner Ferguson asked if the mobile home was to be removed at the time the two story home was built? Staff said no, Staff said the agd&,'Mural employee housing is not required to be removed, Staff said the State law states the 62-1 Z00 housing for sehlor citizens shall be allowed if they meet the criteria of the administrative code. Staff said it was the° decision -of the Development Review Committee dnd the Development Services Director to approve this permit. Staff recomtnehded that the permit be approved arid, if necessary, the Commission could add conditions:, Commissioner Nelson asked staff to 0 over the differences between an "Aunt Minnihe" and "Cranny Housing'. Staff said the granny housing con be ranted Arid is intendedfor one or two :senior 6- BUTTE COUNTY PLANNING COMMISSION MINUTES - October 14, 1993 citizens, one of which must be 62 years of age. Staff said with the "Aunt Minnie the use is temporary, the unit cannot be rented, and the occupants do not have to be 62 years or alder. Vice Chairman Lambert asked if the Commission has tha option to condition this permit for a certain period of time even if the Commission does not have the option to deny the permit request? Staff said this is correct. Commissioner Nelson said that given the density on the lot at this time, he would feel better with a temporary permit. The hearing was opened to the public Larry Martin said i -E this permit is granted there will not be any additional people living on the property, just an additional dwelling, Mr Ka Lee said none of the neighbors have been to his property and no one has taro,. d to him, He said he wants to be a good friend to the neighbors, He said he has been on the property for five years. He said because .)f religious beliefs he needed to move his mother out of the main house and into a house of her own. He said both he and his wife work. He said the property is not noisy all day long.. He said there are time when friends come to visit, He said his mother is 79' years old and needs her oyvn house. He said in his opinion the appeal was filed late. Vice Chairman Lambert said the appeal period was moved forward due to the permit not being signed on time and the apr ,ial Was legal. Mr. Kou Lee said there «re no chemlc�..,s being used on 'their crops, only five neighbors near the roe He did not understand p h so saidthereare signed the petition, property. Y y people Joe Miguel said his property is on the west side of this parcel 'And he was both and raised in this area. He Wanted to assure the Lees that there is fit) prejudice on his side because they are Asian, He said he admires the way they faun, He said he sprays and uses fertilizer on his own property only. He said he doe; everything within the guidelines of the agricultural commissioner. He said there is already two dwellings on the 4.9 acre parcel and he felt'3 dwellings would be excessive; He said he has been on the property and has tried to talk to Mr. Lee, Larry Mendonca said he was opposed to a third dwelling on the property, He said the regulations for a senior dwelling state .it will be the secohd dwellin � , said In this g g He case it will be the third dweilin . He said the letiier submitted I by Mr: Lee was untrue;. and If people ►Neta getting sick from the neighbors spraying,, then Mr, Lee would h�►t want to put another dwelling on that Property for his mothers He said this request is hot in conformance with the requirements of the Greehline JJollclo8, 7 BUT'T'E COUNTY PLANNING COMMISSION MINUTES - October 14, 1993 Jack Brown said he lives across the street from this property. He said there is a high nitrate problem in the area and he i against a third dwelling, ' ellen . Ho s _. aid g Mr, Lee's letter states he has 4 children. Mr. Brown said he has seen 8 children getting on and off the school bus. He was concerned a third dwelling would impact the neighborhood. He also stated he was not prejudiced; Nancy Corbett said she lives on the street and sells real estate. She said she has lived in this area for 20 years, She said she was concerned with the nitrate levels and with property values. She said the dwelling would be right on the road as is the ag. worker's dwelling. She was concerned with a third septic on the property, Steve Mendonca said he lives 3/4 .mile from the site. He said he was against a third dwelling, He said this is a rural area. Harlan Wright said this would circumvent the Greenling regulations. He was against the project. He said it would add to the traffic problems. Mr, Ka in g wihdowLee said antl hatlm estich�esoir the roamat efromnthe Heimorning, hbcrs'has opened his bedroom Pesticides g spraying. He said more than once the County has walked into his house without notice. He said he wants people to come to him with complaints and hot go to the County. H6, --,,,'d he did not think he did anything wrong on this property, He said he has allowed other Asian - people to come onto his property and pick the And of a crop. He said Mrs. Corbett has only lived there a little over a year, He said some of the children seen getting off the bus belong to the aq, worker, He. agreed not to have a vegetable stand on the street if it was a traffic hazard. Mr. Miyudi said 1`his is an agricultural area and he has no problems with the Lee's farming, He was concerned with the third dwelling. He said tho County requires him to spray at night, He said he tyles to spray between 8 and 9 pm., not three in the morning. Commissioner Nelson asked if Mr. Miguel would be opposed to the request being for a temporary dwelling to be 1oed by Mr. Lee's mother ohly, then removed'? Mr. Miguel said he would s«„�1 be opposed to another dwelling being placed onprpe. Commissioner Nelson said the Intent of the law is to deal with savior citizen housing, Vice Chairmah Lambert said Nit, to the Assessors Office, theproperty pis 5 4 Presented and h t tax g.bill it dicating according , Larry Mendohca said crop spraying is a necessity in his farming operation, He said tho More housing units that are put in, tho harder it is to farm. He said this use should hot be allowed in the Creenline areo, 8 BUTTE COUNTY PLANNING COMMISSION MINUTES - October 14, 1993 The hearing was closed. hice e Comairman m ssion can Lambert ut said ic the Commission, by. L w, can not deny this request, but p condition on the permit for t to be a temporary use. ©hhajMr. McCabe said essentially she was correct. He said if all the criteria is met the i be s perm t for as thea states l nigth of t me granted., He said the Commission can condition Commissioner Nelson said he agrees with the neighbors as far as the density goes,' He said on the other hand, Mr. Lee has complied with the law and ordinance and the intent is for a senior citizen dwelling unit, Vice Chairman Lambert asked if an Administrative Permit had to have the same findings made as a Use Permit in order to :be approved, regarding the integrity and character cf the zc,ne in which it ries and not be detrimental to the heath, welfare, and safe of the County, etc.? safety Mr. McCabe said some of the standard findings have already been made in the Ordinance. He said the -Commission might want to consider future amendments to this Ordinance. He said the Commission h as to go by the rules that are in place today on thhis request; He said he hoped the neighbors i said the Commission can put a time limigt or, the permit and tial t to hecate hividual that is intended to live there. Vice Chairman Lambert did not feel this use was appropriate in an acfricultural area Commissioner Ferguson said the dwelling will not decrease the land being used for farming, Commissioner Nelson said the conditions for this permit should he the same a conditions for a temporary second dwelling unit, s the utnan mousiy Moved aril d Commissioner Nelson, seconded by Commissioner Ferguson and PProval as follows, , A. f=ind that the project is categorically exempt from environmental review; and B. ritid'that the Administrative Perni"t, '- considered, meets the standiards identified in Chapter 24 of the Butte County Code; and C. Find that the proposed use of the proPerty Will not impair the integrity and character of the zone in Which the land lies and that the use would not be unreasonably incompatible with, or injurious to surroundin detrimental to the health and general welfare of the persons residingoorerties or working V n the heighbo,1- �j of to the general', health, welfare, and safety of the County; ty; 9 BUTTE COUNTY PLANNING COMMISSION MINUTES - October 14, 1993 D. Approve the .Administrative Permit to allow a senior citizen dwelling unit no huger than 1200 square feet for one or two persons age 62 years or elder on AP 039- 130-024 (Nhoua Chue) subject to the following conditions, 1- Occupancy of the mobile home is limited to Nhoua Chue. 2 No rent is to be charged to the occupant of the mobile home, 3, Meet the requirements of the Butte County Environmental Health Department for domestic water supply and sewage disposal 4. The mobile home is to be a temporary use on thero e p p rty pursuant to the requirements of Section 2.4-3041 of the 'Butte County Code, ' 5. The temporary mobile home must be placed a minimum of 30 feet away from the existing structures. 6, The Use Permit shall expire two years from the date of issuance of the Use Permit. Upon application, the Planning Commission may grant an extension of the Use Permit not exceeding one year, - 7, In the event that the applicant who is residing within the mobile home or the conventional residence, for any reason, moves to another location or is decec sed, then In that event, the Use Permit granted herein shall automatically expire and the mobile home shall be removed within one hundred twenty (120) days. In the event the mobile hr)me is not removed within one hundred tt.4Ver?ty (120) nays pursuant to the terms of the Use PermitF the County shall remove the mobile home and store it at the owner's expense. 8. pp pay p . ' p the cost of The applicant �s t© a a d�� oslt or post a bond to cover removal in the amount of $1,SOQ,00 -for a single wide mobile :,r $2,000.00 for a double=wide ,mobile. 9, Meet the requirements of the Building Division of the Depajjment of Development Services. 10 Applicant must 'Wso comply with all other applicable State and local statutes, ordinances, and regulations: Nc% Minor changes may be approved' administratively by the Director of Development Services upon receipt of a substantiated written request by the rpplicaht. Prior' to such approval, verification shall be rrrade by detct 10epaitMiaht or Division that the modification is consistent with the applicatirN; 0, ; .ads Paid and ehvironmentai determination as conditionally approved, Gh -r, significant in nature shall require a formal a e.,n*; doamed to be major of r. ppli�:�w` •Yr `or amendment, 10 .. .., ..... Wim.,. '. j' BUTTE COUNTY PLANNING COMMISSION MINUTES - October 14, 1993 Edgar O Rhoads - (Item determined to be a general rule exemption from environmental review) Use Permit for a two unit mobile home park on property zoned M-1 (Light Industrial) lc.ated on the south side of Odie' Way, east of Lincoln Blvd., at 24 Odie Way, identified as AP 036-292-044, Oroville, (LPW) The Commission waivedthe reading of the Staff Findings, A video oM the site was shown. Staff gave a brief surnmary of the project. Staff said this project is considered a mobile home park because both units are rented. Staff said this is not a violation, State s7lild the zoning was changed and made it necessary to obtain a use permit: Commissioner Ferguson asked if there were any conflicts wifh PG&E's facilities: Staff said no. The hearing was openedto the public. Mr. Rhoads said the Unita vlere put in 11 years ago, C -t at the time and is nova zoned W. He said he would hap property was zoned regulations. happy to comply with all Larry Bannon said his property is on the north side of Mr, Rhoads' property and he was there in support' of this project. The hearing was closed': utnanim was lisled by carriedQmmissioner Ferguson, seconded by Commiss onor Nelson and Yfor approval as follows; A: Find that the project is a general rule exetnptlon from CEQA teVleWii and character of the zone the property will hot impair the integrity and B, Find that the proposed use of in Which the land hes and that the use would not be unreasonably incompatible with, ar injurious 'to surruur`ding property, or detrimental to the Health, safety, and general welfare of the persons residing or working in the neighborhood or the general health, welfare, and safer of the Colin becaus County, +e the Use is established; and pp .. it p,, '' C. Approve the Use Permit to allow a mobile home park fc, 2 unit's on AP 036-29�w 044 (Edgar Rhoads) subject to the following conditions: 1. 2 4s0icanit shall meat the Fire safe 'regulations of Public ,ilesources Godo 11 BUTTE COUNTY PLANNING COMMISSION MINUTES October 14, 1993 2. Applicant shall comply with Environmental Health Department regulations, 3. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. Note. Minor changes may be approved administratively by the Director of Development Services upon receipt of a substantiated written regoest by the applicant. Prior to such approval, verification shall be made by each Department or Division that the modification is co tsistent with the application, fees paid and environmental determination as coMitlonally approved. Changes deemG-d to be major or significant in nature shall require a formal application for amendment. L Vice Chairman Lambert said the Commission might want to look at this area for possible rezoning. Commissioner Nelson said the area will be discussed at the time of the General Plan update. Vice Chairman Lambert wanted the Commission to keep this area in mind. IX. APP'DINTMEvTS AND DEPORTS OF SUB -COMMITTEES X. MISCELLANEOUS 1: Discussion -- Reimbursement for night workshops and joint meetings with t the Board of Supervisors. Staff told the Commssion they would be paid for joint meetings with the Roard, but would only receive milaige for workshops they attended; Commissioner Nelson fella the Commissioners should be paid for night workshops, Vice Chairman Lambert a -sked if the Brown Act comes into effect if the Commission attends a workshop fiogellher where they are only being paid mileage. Staff said they would find out for her. Commissioner Ferguson said La felt if the Commissioners learned anything at ohe, of these meetings, they should' bring the Inform.atioh back and share it with the rest of the CbMmIsslon, A copy of Ordinance 3083 regarding the Miring regulations was g , en to the �. Commission for their information. 12 ,- w ,,ate•.,., � Suite counrlq ti — j LAND OF NATURAi WEALTH AN0 BEAUTY 'f PLANNING DIVISION DEPARTMENT OF DEVELOPMENT eERVICES j 7 COUNTY CENTER DRIVE » OROVILLE, CALIFORNIA 9006.3307 TELEPHONE: (9`1 61 630.7001 FAX! (Die) sin -lies BUTTE COUNTY PLANNING COMMISSION October 14, 1993 TIME: 9;00 a:m, l PLACE; Board of Supervisors' Room County Administration Center 25 County Center Drive Oroville, CA '95965 1. PLEDGE OF ALLEGIANCE If. ROLL CALL Ill, APPROVAL OF THE MINUTES - September 23, 1993, IV. CONSENT - TEMPORARY MOBILE HOME RENEWALS Arlie and Ann Stroud on AP 026-202-015 for Myrtle E. Marshall; G, & B. Wilson on AP 025-190-073 for Gladys M. Wilson; Bernice Wilson on AP 022-350-008 for Billie Terry; Ciestel Howard on AP 072-230-002 for David W. Morris; George _Kuntze on AP 036-050- 053 for Lloyd Barnes, Charles E. Lueder on AP 036-310-124 for Neta L. Madison V ABANDONMENT - Everett Jolano►vir a Abandonrrient of a 5 ft, light and air erlsement and poblic'Utility easement lying witi in the northeast 1/4 of Section 28, T1 _N, ME, also being a portion of Lot 60 of Carriage Manor, A PUD, identified as AP 036480- wo, Oroville, (CaS) VI. BUSINESS FROM THE IrLOOR ON ITEMS NOT ALREADY ON THE AGENDA, (Pre. Otat'ons will be limited to five minutes. The Planning Commission is prohibited by State Law from taking action on any item presented if it is not listed on the Agenda) BUTTE COUNTY PLANNING COMMISSION AGENDA - October 14, 1993 VII. PUBLIC HEARING PROCEDURE The Chair will call for. A. Staff Comments Be Open the hearing to the public I. Proponents 2, Opponents 3. Proponents rebuttal 4. Opponents rebuttal C. Close hearing to the public D. Commission °discussion E. Motion F. Vote It is requested that presentations be limited to a maximum of 5 minutes so that all interested parties will have an opportunity to address the Commission. Following your presentation, please print your name and address on the speakers sheet so that the record will be .accurate. Ali, PUBLIC HEARINGS; 9.00 a.m, - Jim Davis - (Item determined to be a panexemption rule exem tion from enviro • _ nmental review) Use Permit, to allow a third dwelling on a 49 acre parcel, zoned V (Unclassifiedand S -H (Scenic Highway) located on the west side of Pentz Road; approximately 3000 feet north of Lime Saddle Road at 3355 Pen tz Road, idehfified as AP 041-470-075, Paradise, (TL) 9:00 a,m. -.Charles_ & Jeanette Mellen = (Item determined to be a general rule exemption from environmental rev►sw) Use Perm allow a private dog kenne`(Agricultural - 5 acri, ;,arcels) located on the west side of Damron Lane, approximately 2500 feet south of Los VeJeles Road, 190 Damron Lane, identified as. AP 028-330-031, Bangor, (LPW) 9:00 a.m, - Nhou_ a Chue - (Item determined to be categorically exempt from environmental review) Administrative Permit to allow a senior citizen dwelling no larger than 1200 square feet for one 'ur two persons age 62 years or over un property zoned A-10 (Agricultural - 10 acre parcels) located on the south side of Chico River Road, approximately 250 feet West of Crouch Avenue at 3195 River Road, identified as AP 039-130-024; Chico, (LPW) 9;00' a.ft - Edgar 0,_ Rhoads - (Item determined to be a general rule exemption from bri0tonmental review) Use. Permit for 'a two unit mobile home park on property zoned M-1 '(Light Industrial) located on the south side of Odie 2 BUTTE COUNTY PLANNING COMMISSION MINUTES - September 23, 1993 1. PLEDGE OF ALLEGIANCE ll, ROLL CALL: Present: Commissioners Lambert, Nelson, Sessions, Ferguson and Chair;ran Lynch Also Present: Paula Leasure, Principal Planner Lisa Purvis Wilson, Asso, Planner Tom Last, 0rnior Planner Craig Sanders, Associate Planner Nick Ellena, Chico Enterprise Rec. Lynn Richardson, Secretary III.. APPROVAL OF THE MINUTES September 7, 1993 The Commission had the following correction; Page 1, III, Change "9th" to "8th" It was moved by Commissioner Sessions, seconded by Commissioner Ferguson and carried to approve the minutes as corrected by the following voter AYES: Commissioners Sessions, Ferguson, Nelson and Chairman Lynch NOES: No one ABSENT; No one ABSTAINED: Commissioner Lambert IV; CONSENT - T8MPORAFtY' MOBILE NOME RENEWALS W Bert Berg on AP 047 440-008 for Eila Mae McBeen; Vincent H. Dilley on AP 027-i170-009 for Harvey Dilley. Staff said the files were In order: Chairman Lynch asked if a bond was 'required on the Bert Berg renewal because the form was not marked? 1_ VO� BUTTE COUNTY PLANNING COMMISSION MINUTES - September 23, ,1963 Staff said the permit ,dates back to 19`16 and no bond was required'. It was moved by Lommissic-ier Lambert, seconded by Commissioner Sessions, and unanimously carried for ;approval of the conser+ agenda, V BUSINESS FROM THE FLOOR ON ITEMS NOT ALREADY ON THE AGENDA (Presentations will be limited to five minutes. The Planning Commission is prohibited by Stato Law from taking action on any item presented it itis not listed on the Agenda) None VI. PUBLIC HEARING PROCEDURE The Chair will call for.- A. or:A Stuff Comments B Open the hearing to the public 1. Proponents 2i Opponents 3. Proponents rebuttal 4. Opponents rebuttal C, Close hearing to the public D. Commission discussion E.- Motion F. Vote Jt is requested that presentations b6 limited to a maximum of 5 minutes so t interested parties will have an Opportunity to address the Commission, Following that all presentation, please print your name and address an the peckers sheet so tht the record will be accurate, VII. PUBLIC HEARiftICS, Larry Smallen proposed Negative Decl� argon with mitigation measures regarding environmental review and Use Permit to paces, allow 18 mobile le l; Mme spaces, retail 6 RV spaces, 4 overnight camping spaces, a Laundromat, and 11mere space, on property zoned H-C (Highway Commercial) located on the northwest ,,!do of Highway 70, southwest of Co ;cow Road at Ldentifiod as AP 059-260-0041 OrovLlle. (CSS) (Continued open0from Jule 8Drive09�, Y, ) Staff said the hearing was continued open to allow tine applicanttime to address the issues raised at the last meeting. The hearing was Opehed tci the public, 2 a' _ BUTTE COUNTY PLANNING COMMISSION � MINUTES September 23, 1993 Cal Bachman said he has discussed the issues with Planning staff, He said their attorney was punning to meet with Craig Sanders Staff said this item was continued to gather more information, Staff said the neighbors raised a number of concerns, Staff said there was a question from the Health Department .E�s to taxactly how manly residences this property could support. More information on the soils was regt!ested regarding sewage disposal and to Staff's knowledge this information has not been received', Staff said the 9scuss10ns they have had with the attorney and Mr.. Smalien have indicate Yt it is his desire to try to proceed with the commercial portion of this req+gest for it that the Dome store. Staff said the applicant would like the Cornmissiolt to grant the commercial half of the use permit at this meeting and continue the remaining portion dealing with the mobile home park tO ,.A future date, Sessions asked if there was a question � Cammi sioner Sess' - sostain a laundromat and the mobile homes? q tion on whether the soils could Staff said this is 17,crrect. C,ornmissionsr Nelson asked if 'tris should be split into two separate projects with new I-1ul3lishitig fees and a new apprication fee U,or the mobile home park, portion? Staff said all of the ;items were addressad in the �' nidal study and staff repo: -t. He. said what v ,juld ocLur, if thLproject was :split; would be the issiifng of two use permits instead of one, Commission °ir Lambert asked what part of the application is Commercial? Staff said the laundromat and the commercial retail space in this existing building. Staff said Condition 5 is being recommended so the applicant can ohttnge store uses without having to apply fot a new use permit every time, C:otnrniss over Nelson asked 111 010 mobile home park portion of hearings would be re noticed? Staff said' if the:hearn is Continued tinued to a date certain it does not have to be re=noticed, Jim Berglund said he is r0presenting the neighbors who are in Opposition to th project. He s�ucl he had more ,tames on a Petition to submit, P p 1-+e said he has a problem -,with there feeing n Negative 0101ttratioh issued for this project, He said the problerri is not naiiessaril with the store but with the mobile hohte park, He said there is an alcohol and pErirking problem that exists at this time, 3 r I41NUTES - September 23 1993 Brad Fuller, representative: for Mr. Smallen, said there are no plans to have any business that is not compatible with existing uses. Mr. Smallen has done a great deal of cleanup of the facility. He said Mr. Smallen plans. to build a house and be a resident of Concow. He said 'this site is the only commercial center in the area. He said the laundromat is proposed for 4 washers and 4 dryers only. He said the soil survey is not rnal. He said Mr. Smallen is willing to do what he can so the neighbors do not find the project offensive. He said there was a question of whether the smaller dome structures YA,,,e legal. He said the permits were issued and these building are VI pre- existing nonconforming use and are legal. He said the well was tested and can support 20 gallons a minute of pumping.: He said they plan to meet with the neighbors on September 30 and he will keep Mr. Berglund informed of any meetings. He disk ;issed putting in a gravity tank fog 20,900 gallons to help with ti -e protect' ,%n. He said Mr. Smallen has no plans for a bar. Commissioner Laribert asked if there was a concern with the water usage from a laundrornat from the Environmental Health Department? Craig Erickson, Environmentai Health, said the Laundromat is a high water usage. He said there are sane questions on the sewage disposal and leachlines He said the leachliries will need to be expanded for the Lundromat: He requested if this is approvo%d, that the Commission limit the number of washers in the permit. Ginny Snider said she chose to live in Concow because they wanted to get aweiy from over crowded cities:. She said the rentals in the proposed mobile home. park will he a problem. She said when people rent property there is no pride in ownership. Gwen Baker said she lives behind this project site. She said she was concern►nd mah parking. She asked if the project was divided into two hearincis, would there be an EIR for the mobile home park portion? She was against any more continuances because the neighbors have to pay a lawyer to attend these meetings 'and people have to takd time off work to attend. She asked that a time limit be put on this project, She said since the last meeting Mr. Smalleh has moved `in a mobile home and has started construction on the store before this use permit is approvad, Staff said the mobile home waspreviously approved when the zoning was A-2 and is legal. Clark Vollihtine said there are 906 families in the area and thore is shopping acr,�ss the road from this site. He said things on this property have been done iii ari illegal manger, Hrs said Mr;. Smallen does wliat he wants with or without permits,. He said the proposed ramp to the second story of the store will take away from the ptirking area. He said there is a butane tank on the access road and it is a hazard. Cal Bachman said all the permits have been; taken out at the Building Department. He 4 MIN U~i ES September 23, 1993 1VI'V11001Uw said the ;;tore has to have the ramp to access a shoe on the second floor for handicapped customers. Brad Fuller said that parking requirements will be imposed and the parking area will be taken care of. He discussed the mobile home park being .for seniors only. He said all permits, have been applied for. He said Mi% Smailen will not use the top floor for the video store until the use permit is approved. He said Mr. Smallen is wil right-of-way and have it surveyed: ling to move the Commissioner Ferguson asked who has control of Skycrest front, the proper line to Concow Road? Mr. Fuller said it is a private access road, Commissioner Ferguson asked if the intersection was close to a main highway? Mr. Fuller said there is aleft turn lane on the highway and there is no concern with the access. i The hearing was closed. Commissioner Lambert questioned the uses for light Commercial zoning? Staff said the uses would be comparable to the H -C uses listed on Page 99, Fara ra fi ` 9 p 3 of the zoning ordinance. Staff said they recognize the range of commercial uses. Staff said the uses are subject to review and have to meet the Health Department' requirements and parking ordinance: Commissioner Lambert said there appears to be a problem with the laundromat from Environmental Health, Commissioner Nelson said if the laundromat does hot met the Health Department Conditions, it will nat be allo4ved, r y Health bepariment to 'ilmit'the use errnit Sotaf��ai unaromat to � of the Environmental p washers, Staff said the applicant will have to submit a, harking plan as =t"Le' d in Conditions 3 and 12 Commissioner .Lambert said the store is In business and the laundromat is working at this time. She was not in favor of splitting the permit process, of this e Commissioner Nelson said he dig;, not have a problem with the commercial :request part ` p rmit, He said the mobile home park' is different. He did not object to s iittin this decision, p g 5 01 GI ' B!JTTE COUNTY PLANNING COMMiSSiON MINUTES - September 23, 1993 p,) Sessions said he was also in favor of handling the opposedptoathe Commissic,�. ,r as the neighbors opposed to this project do riot seem p commercial uses, but mainly the mobile home p Lambert said the Commission needs all the answers in front of them on Commissioner La lit the hearings, the tot, project and was not willing to sp' Staff said. the store has a limited space and the uses would have to be reviewed by staff, he was in favor of splitting the permit. He said the mobile home Chairman Lynch said the commercial uses. park needs rraore work. Me said. tf�are was no reason to hold up He said he was concerned with the 'use of gravity tanks. `e Commission should see the whole picture at one time, Commissioner Lambert said the sews e; drainage,. etc:• the said the. store_ and reate arfin racial hardsh for business 1:e., _ 9 and waiting' on the commercial portion does no Staff said the laui�dr omat is not open to the public of this time only to ocai resident. ' Mr. Sm,ailen wants to move the video rentals upstairs so hwill be e can expand an Staff said Staff said the September 30th meeting with 5 W�l have t meet ine soon a possible. tald any design of the mobile home park, SHfalth Department and (park ng ordinance. requirements of the Enviro ,_ - iss! er Nelson said tie did not Zhink the con'imFrcfal proposal would change. Cc��tmi.,,�c�n _ tlscn owed by Commissioner Sessions and seconded by Commissioner Perg It wa�_m as follows; A. P'ind that. An initialstudy rys completed in compliance with the California . vas , Environmental Quality Act, tud and comments rec.&06 thereon Sidentified by Aential significant; aid s y emAronmental effects that the project may have iad, Provisions in the project plans or prof�osals rte ade by r agreed to 0 e; Pro void ,such effects or mitigate such affects by the applicant would a to a oint where clearly 'no significant enr anmental effects would p occur. There is no substantial evidence before the County that thp, prb!$ iO b: have significant effect on the environment. as revlsed may S , BUTTE COUNTY PLANNIh!r-A coMMISSION MINUTES - September 23, '1993 3, The proposed Negative Declaration with mitigation measures has been completed' in cc.,mpliance with the California Environmental Qualiiy Act. 4. The proposed commercial use of the property will not impair the integrity nor character of the zone ire which the land lies and that the use would not be unreasonably incorri'patibie with or injurious to surrounding property or detrimental to the health, safety, and general welfare of the persons residing or working in the neighborhood or to the general health, welfare and safety to the County, b0cause the density is being reducedto more closely conform to the surrounding properties and conditions are dieing imposed on the project that will address noise, light, traffic; saf0y, and health concerns; and B. Move to adopt a Negative Declaration with mitigation measures; continue the Use Permit to allow an 8 space mobile home park with 6overnight RV/Camping spaces to October 28 1993 open; and ,grant a Use Permit to allow a laundromat and other light commercial uses nn AP 058-260-004 (Smallen) subject to the following conditions 1, Hours of operation for the laundromat or any other con 'Aleroial use shall not commence before 7 a.m. or extend past 10 P.M. 2. Provide a designated parking area on the lower level of the property to serve the laundromat. Utilize a combination of low fencing, curbing, and landscaping to differentiate the parking area from Skycrest Drive, 3: Parking plans for this laundromat and all other proposed uses shall comply With Butte County Code Section 24-35 and be approved by the Department of Development Services, Planning Division, 4:, As long as no building addition is required, changes in use or occupancy of the main dome structure that currently houses t1),(3 general store, may be approved by the Director of Devolopment Services, Proposed uses shall be limited to retail uses of a light commercial character, Skycrest Drive so th d no improvement - 5, Relocate the right -o- i-way fC r , structures are within the right-of-way or the roquirel building setbaci . Relocate any improvements that are still within the right -of -dray's new location or setback, whlch may include the propane dispensing station, any leas' hfieids, car septic tanks, it appears that the Well was pfe-existing and cah be within the 5etbeck. g, This permit is limited to four, washers alld four dryers in tine laundromat. 7 BUTTE COUNTY pLANNING COMMISSIClN MINUTES - Septomber 28, 199 Comm''sioner Sessions said he would 'like to sae these improvements and cleanup of the commercial uses: CommFsioner Ferguson said a decision on the commercial part was pre -mature. He noted the Commission has not received the information they requested. Commissioner Nelson said he would agree to wait another month and. get the whole package; The question of continuing this hearing Was put to Mr, Fuller: Mr. Fuller said the October 28th moet ng would be no, He said a full report 'V'iiii be ready on the laundromat, but can not be ready on, the mobile home park He sta id the mobile home park is being re -designed, He asked that the mobile home park portion be continued to the "December 9th meeting: AYES: Commissioner Sessions' NOES: Commissioners Lambert, Ferguson, Nelson, and Chairman Lynch ABSENT; No one ABSTAINED: No one, The motion failed. The hearing was re -opened. ` y rt, seconded by Commissioners Nelson and It .was moved b .Comm:ssiolier Lambie • Ti. open by the carved to continue this. E3ntlre hearing #o Dece��,ber 9, X993 a� 1A,30 aft i. vote: AYES,, Commissioners Lambert, Ferguson, Nelson, and Chairman. Lynch NOES: Commissioner Ses'sloPt ABSENT; No one l ABSTAINED,. No one ann (Item d®termined to be a gen,aral rule exemption from Martn,_F�aum - , eh,,ironmentai retnew� 'Jarian�e to the minimum lot sig y to allow a 3,5 acre and 8 BUTTE COIaNTY PLANNING COMMISSION MINUTES - September 23, 1993 two 2.5 acre parcels located in an A-5 (Agricultural - 5 acre parcels z the north side of Wright Avenue, approximately 15Cin feet Fast of � one, on between Wright Avenue and Nielsen Avenin;, identified as A _ � Gridley, Highway 99, Y (T�) (VIDEO) P 024 1 ,0-o%, The Commission waived the reading of the Staff Findin s shown. Staff gave a brief summary of the project. 9 A video of the site was Staff said there is no hardship to allow the splitting of the 5 acre parcel b hardship to allow the splitting off of the 3.5 aParcel, but there is a cre parcel due to Chairman 'Lynch dig^us the irrigation ditch, sed the frontage of the properties. He said the 5 acre portion is not an un-rarmable piece of band. He did not object to Witting off the 3.5 acre portion, The hearing was opened to the public. Martin Baumahn said the 5 acct piece is 1175 feet ion said this would, allow for another resic+en�^e and make the ro e He said he has owned the propprf since g and is not good #o farm. He y 1988 He said he wo id agree witmore h staff's recommendation, but would prefer to split the 5 acre parcel also, ' and pro Gridley, p' Fred Gersf, y, gave some "background or. This e a d zorlin of th He said the zoning in the area was based on roads and drainage it a area. intention to have property split into small parcels, ainage and �t w, s not the ditch as a prob.'*rn because a bride o, p He said he did not see the iriligation small ,arid private; He said dr unage in thel brt could problem be built. He said the ditch is Would k1dd to thin problem,and mire residences Mr. Baumann discussed the '7 p��rcels of 2.5 acres to the port in the area, h and other small parcels The heating was closed. Commissioner :Lambert said she would not support is a more viable a - ppo� the proposal. She said S,5 acres g� panel than 5 acre and 3,5 ac; a parcels. She said she could not make the findings for a ilares'ship, She said the ditch Was there a When the property Was Chairman Lynch said this roe is two miles south of th of ag land between this property and the Ci r e City of Gridley Uzi n a lot 1930 to stop splitting of the parcels,' He said the property was rezoned in Oommiss10her Ferguson said there is no good reason to alloW this r eguest 9 _ r %1 EUTTE COUNTY PLANNING COMMISSION MINUTES - September 23, 1993 It was moved by C�nmssioner Sessions, seconded by Commissioner Ferguson for approval of the 3.5 acre parcel and denial of splitting the remaining 5 acre parcel as follow:.': A. Find that no evidence is provided that this project will result in a significant impact and, therefofe, is not subject to CEQA: and B. Find that a physical constraint exists on the property that separates the parcel; and C. Find #hat the said physical constrains deprives the property owners of privileges enjoyed by other property in the neighborhood; and D. Find that no evidence exists to support the creation of two 12.1..5 acre parcels on the eastern portion of the property; and L": find that. the creation of two 2:5 acre parcels on the eastern portion of the properly does not conform with the zoning or general plan designations, but if left as is, conforms with these designations and the surrounding properties; and F, Approve the Variance to allow the 3.5 acre parcel west of the irrigation canal and deny the Variance request to allow two 2.5 acre parcels west of the irrigation canal on AP 024-110-006 (Martin 6aumann) subject to the following conditions' 1; Create parcels in accordance with the requirements of the State Subdivision Map Act and ;County Code, 2. Applicant shall meet all Environmental H� alth Department requirements for sewage'disposal and water service. 3': Applicant shall obtain wilding permits in accordance with County Standards, NOTE: Minor changes may be approvod administratively by the Director of - Development Services upon receipt of a substantiated Written request by the applicant. Prior to such approval, verification shall be made by each Department or Division that the modification Is consistent with the application, fees paid and environmental determination as conditionally -approved. Changescaemed to be major or significant in nature shall require a formal application for amendment. Comrniasioner Sessions said it Is Mr t3aumanr's property and he feels there is a hardship because of the irrigation ditch and agreed with the staff's recommendation. AYES. Coram ;tsloher Sessions 10 ,w BUTTE COUNTY PLANNING COMMISSION MINUTES - September 23, 15)3 NOES: Commissioners Lambert, Ferguson, Nelson, and Chairman Lynch ABSENT: No one ABSTAINED: No one The motion failed. It was moved by Commissioner Lambert, seconded by Chairman Lynch, and carried to deny the Variance to allow the 3.5 acre parcel west of the irrigation canal and deny the request to allow two 2.5 acre parcels west of the irrigation canal on AP 024-110- 006 (Martin Baumann) because of a 'lack of findings for a hardship by 'the following vote: AYES, Commissioners Lambert, Ferguson, Nelson, and Chairman Lynch NOES: Commissioner Sessions , ABSENT: No one ABSTAINED: No one Rabert alvan _- (Item determined to be categorically exempt from environroental review) Use Permit to allow a permanent second dwelling on property zoned AH- MH -2.5 (Agricultural ResldeniiMl Mobile Home � 2,5 acre parcels) located on tha northwest corner of Serene Lane and Bronson Col art, at 31 Bronson Court, identified as Ap 036-500-051, south Oroville area, (LPW) (VIDEO) readingThe Commissiori waived the of she n. Staff gave a brief summary of heh project,Findings. A video of the site was Sffaid this a Large parcel and the homes would be at the opposite ends of the property, Stagyrecommended approval. The hearing was opened to the public. Robert Galvan agreed to the conditions: Commissioner Lambert asked Mit Galvan why he did not split the property? Mr. Galvan r the size he did stated that he did not want to sell, any property, portion tof the any sce,n to split it; Mr. Galvan Chairman Lynch noted that the use permit does not give Mr. Galvan the tight to split 11 BUT c COUNTY PLANNING COMMISSION MINUTES'- September 23, 1993' the property. The -hearing was closed.' It was moved by Commissioner Sessions, seconded by Commissioner Ferguson, and unanimously carried for approvalas follows A. Find that the project is Categorically Exempt from the provisions of CEQA; and B, Find that the proposed use of the property will not impair the integrity and character of the zone in which the land lies and that the use would not be incompatible with, or injurious to surrounding properties, or detrimental to the health and general welfare of the persons residing or working in the neighborhood, or to the general health, welfare and safety of the County; and C. Approve the Use Permit to allow a permanent second dwelling on AP #036-500- 051 (Robert Galvan) subject to the following conditions) 1 The second dwelling unit shall meet the requirements of ,,''he Butte County Environmental Health Department, . Gryry The, 9t1 -v' -r41 �'�!rllt> " milt � ��si ��'i��� the requieeiiletita 01t I��.:I�J CC�uI'1�/ Flr-s i, Depai`crr ehi. ($200.00 water tender fund, ptovidr-� all weather access). 3. Minor changes may be approved administratively by the Director of Development Services upon receipt of a substantiated written request by the applicant: Prior to such approval, vert"Yatlon shall be made by each Department or Division that the modili..ation is consistent with the application, fees paid and environmental determinatIL,1 as conditionally approved. Changes deemed to be major or significant in nature -shall require a formal application for an amendment. 4, Applicant must also comply with all other applicable Staie and local statutes, ordinances and regulatons Carol Sue Kountz (item determined to be categorically exempt from enviror)mental review) Use Pei'mit to allow Weddings and/or receptions as a home occupation tion on of property 20ned A-5 (Agricultural - 5 acre parcels) located on Craig Aven;e, 1,5 miles east of Upper Palermo Load at 3003 Craig Avenuo, identified as AP 027-270-014, Palermo area, (LPW): (VIDEO) The Commission waived the reading of the Staff Findings. A video of the site was shown. Staff gave a brief summary of the project, Commissioner Nelson asked about rest room facilities? 12 i BUTTE COUfaT Y PLANNING COMMISS16N MINUTES - September 23, 1993 Staff said they would be provided' by rental units. Commissioner Lambrdr;t questioned how this qualified under the home occupation ordinance and the hiring of employees? Staff said the reason for the ^e permit i = because it is outdoor and on ag.' land. Staff said this is the first time <•.. -is type of home occupation, Chairman Lynch did not segs a problem with this request because it is a contractual situation where the applicant's contracting the use of the grounds and will not be doing any of the employee hiring. The hearing was opened to the public Carol Kountz said she wants to rent the grassy area around the house for weduings and receptions. She said she wihed the Commission could see the beauty of the place. i Commission r F4i;,,;ason wa concerned with cl dust Problem, Ms. Kountz said there are six dwellings on Craig Menue a7d ai'o not close to her. She 'I said she will ria irnhose a Nva4.,r tri r lc it., 'Aa care of, the road. She requested that the time in Condition 3 be changed to 12 midnight. 'The h(.oaring was closed, Comrr,issioner Nelson said there could be a noise problem. Staff' said that Ms. Kountz would be responsihlO if there were any complaints, it was moved by GommlSSioner Lambert, seconded by Commissioner Sessions, and unanimously carried for approval as follows;. A. rind that this project is exempt from environmental review,,and B. Find that the Use Permit, as considered, meets the standards identified in Chapter 24 of the Butte County Code recognizing that only the grounds will. be used and this is a departure frorn the normal home occupation request and feel it is appropriate, and C Find that the proposed use of the property will not i npair the integrity and character of the zone in which the land lies and tho use Weide, not be Unreasonably incompatible with, or injurious to surrouiridir:g properties, or detrimental to the health and general w, (fare of persons rssiding or working in the neighborhood, or to the general health, welfare and safety of the County; and 13 BUTTE COUNTY PLANNING COMMISSION MItNUTES - September 23, 1953 D. Approve rhe Us^ Permit to allow weddih-js and/or receptions as a home occupation on AP 027-270-014 (Carol Kountz) subject to the following conditions. 1, Applicant shall not hire employees to assist with events, 2. Any on -premises advertising shall be limited to one unlighted sign with not more than three square feet of display area, and small not be located in any required yard setback area. 3. Events shall conclude by 10;00 p.m.. Sunday through Thursday, and 12,00 midnight Friday and Saturday nights'., 4. Applicant must meet Fire Sale Regulations of Public Resources Code 4200, 5. Minor changes may be approved administratively by the Director of Development Services upon receipt of a substantiated written request by the applicant. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment-: 6; Applicar)t must also cri triply with all other applicable State and local statutes, ordinances, and regulations, Laura Rivers - (Item determined to be categorically exempt from environmental review) ..Use Permit to allow a permanent second dwelling on 3.23 acres zoned A -R (Agricultural - Residential) located at the end of Percy Way, north of Mt. Ida Road, at 99 Percy Way, identified as AP 030-540-012, Oroville. (LPW) The Commission Waived the reading of the Staff Findings, Staff gave a brief summary of the project. Staff said this is a large parcel and the applicant is wishing to make a nearly completed dwelling legal The hearing Was opened to the public. DougSoutherland, Ron Graves sociat �Isisa d this is an agricultural building being �, s convrted to a residence. He said the dW. O g wilt be .connected to water and sewer. Hs said the appllcant has a problem with the condition from the Feather River Parks and Recreation Distnpt; He said the need for this fee has not been idea .tified. He said the fee has not been set out in` an ordinance, nor has it been approveG by the Baard of :Supervisors. He was requesting that Condition 3 be deleted. He slid hot feel the arplicant should baasked to sign anagreement without knowing tho fee. Scott Lawrence, Feather River Parks and Recreation, said they startod the process two 14 BUTTE COUNTY PLANNING 'COMMISSION MINUTES •- September23, 1993` years aqb to collect these mitigation fees. He said there is no way to set a developer fee except by ordinance and they are working on that; He said the fee is $942 a unit established by Resolution 58-91 in 1991 by his district, He said the district is attempting to establish an ordinance through the Board as soon as possible. He said the applicant would know the amount up front, Doug Southerland said Mr. Lawrence did not address the fact that a study needed to be done showing there is a rieed for the ,mitigation fee, Staff said in 'the case of tentative parcel maps; the applicants have agreed to this mitigation fee, because They are not the ones building the homes. This agreement says the fee will be paid at the time of building permits. Staff noted this is the first applicant to challenge the fee. The hearing was closed, Chairman Lynch discussed this being a building after the fact. Staff said a capital improvement program must be prepared' to adopt a developer fee, Chairman Lynch suggested they leave the condition in and let the applicant challenge it. Commissioner Ferguson did not see assessing fees for something the money might not be used for, He said he would like to wait for the Board of Supervisors to set the developer fee., Commissioner Nelson said the fewer people who are assessed the fee, the higher the fee will be. Commissioner Ferguson did not feel there was a need for a $900 fee for a park they Will never see. 1 FCeommi sioner L* Albert asked why thiss ,. condition was not put on the Calvan Use Staff said it was an oversight. Commissioner Nelson asked what hal pe;1s t� the people who have paid the fens for the ;last two years? Staff said the The can be waived as it is a miti ation Staff ff said nothing happens F' to the people who have 6id,Staff said this fee can not beqrs required if the applicant does not agree. ply Chairman Lynch said if the applicant does not know about mitigation measures he would have to agree or not get his permit, 15 C) ZZ BUTTE COUNTY PLANNING COMMISSION MINUTES September 23, 1993 - Commissioner Nelson said there is a need for the fen in thei district. Commissioner Ferguson asked how they determine there is a parks problem? Commissioner Nelson said with growth and cumulative affects of that growth on the district. .carried foras ved apprn aflCommissioner Ferguson, seconded by Commissioner Sessions .and s. �, A. Find that the project is a Class 3(a) Categorically Exemption from the ,provisions of CEQA; and B. Find that the proposed use of the property will not impair the integrity and character of the zone in which the land hes and that the use Would not be Unreasonably incompatible with, or injurious to surrounding detrimental to the health and geheral Welfare of the persons res ingo orerties workinor g in the neighborhood on to the general he it.�, welfare and safety of rhe County because of the large parcel size and theavailability of services; and C. Approve the Use Permit to allow a permanent second dwelling on AP '036-5-40- 012 (Laura Rivers) subject to the following conditions: 1, Tho Second' dwelling unit shall connect to public Water and sewer. The second dwelling unit shall meet the fire safe regulations of Public Resources Code 4,290: Applicant shall pay $200 into the Battalion 6 water tender fund, if there is no OWID hydrant within 1000 feet of the 'residence, 4 The second dwelling unit shall pay applicable school fees prior to issuance of building permits: 5. Applicant must also comply with all other applicable statutes, ordinances, and regulations. State and local NOTE; D iinor changes may be approved administratively by the Dirsctnr of elopment. Services Upon receipt of a substantiated written request by the applicant. Prior to Mich approval, verification sha be made by each Department or b visioh that 'the modification is consistent with the application, fens paid and ehvironmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a foriinal application for amendment: 15 � All1�., . BUTTE COUNTY PLANNING COMMISSION MINUTES - September 23, 1993 CommissionerNelson said the applicant should be required to pay their fare share' of , the fees. AYES: Commissioners Lambert, Sessions, Ferguson, and Chairman !.ynch NOES., Commissioner Nelson ABSENT. No one ABSTAINED: No one Discussion Draft Environmental Impact Report' for the Stringtown Mountain Specific :Plan. Staff said the purpose of this hearing is to solicit comments from the public on the EIR and comments from the Commission. The project is a General Plan Amendment, a Rezone, and a Specific Plan. Staff said the rest of the project will come to the Commission at a later date. Staff said the EIR is near the end of the 45 day review period of the document. Staff presented the consultants Janet Jiggerian and Gene Smith: Chairman Lynch noted again that the purpose of this meeting is to discuss the EIR' Only, riot the merits of the project, Commissioner Lambert asked the difference between a Specific Flan and a PUD be clarified and to what part of this project each applies? Staff said the General Plan and Rezone create densities and uses. The Specific Plan would implement the General Plan, The applicant will come back with a PUD for tho residential section of the rezone, The Specific Plan is for the whole area. Commissioner Sessions was absent at this time: Ge.ne Smith, Ouad Consultants, discussed the contents of the EIR, He said the said the EIR is a program EIR, He said some parts of the document are specifc. He said a program EIR can only address impacts that are visible at the time'ihe document is prepared. He discussed sewer services, He said there will be growth inducing impacts to the area. He said the loss of deer herd habitat it, a concern. He said this project is of high interest to Fish and Game, He discussed the cumulative impacts of the project, i.e., air quality, traffic, addition of residents using water supply, land fill, sheriff, parks and recreation, and fire. He Bald the EIR examines several alternatives. He discussed full buildout of the plan and clustering of the residential sites, He said from an envirohthental prospective, the "no project development" is the superior approach, He said the next alternative is the clustering approach which would reduce the impacts to the deer winter range. He said this project is dealing with 171 acres and 192 Units i7 BUTTE COUNTY PUNNING COMMISSION MINUTES - September 23, 1993 Commissioner Lambert asked if the 12 parcels are owned by onep erson'? Mr. Smith said yes. He said at the time the analysis was done there we alternative sites. re no Commissioner Ferguson asked what is proposed to improve the main highway? g way. Staff said one new access will be cons.: --ted to Highway 162 and 3 to Forbesto Road. wn Commissioner Ferguson asked about channelzing the main highway? y Staff said there will be left turn lanes. Mr. Smith said the traffic section of the document is complex; Staff said Page 3-91 3.1-6 talks about left turn lanes on Highway 162 to F Road, orbestotin � Ommissioner Nelson noted Page 211 :Figure 2.8 shows a series of h�yout the circ as#ion, diagrams that Commissioner Ferguson asked if there would be channelization? Mr, Smith said if the document is not clear on this point, if would need to clear, be made Commissioner Lambert asked if the consultant used the draft issues a document that is not in hearings yet? nd option Mr, Smith said they recognize the Draft Issues and Options as an unofficial do He stated that it was used for background information, document. Commissioner Nelson asked who would use this resort? Staff said it will be a tourist resort. The hearing was opened to the public. Y l a community meeting in Orovilie two days ago, He s Mike Evans said they ri'vate land with of the IantlY He said this is being done by a Private developer on Taylor Y p oiler on' Private He said Mt. e Taylor hired Barnhart and Bir tehhatiVO A on the sewer is the proferred of project, In 1986 preliminary sewer designs were prepared.wnr in 85Inp1988 ail architect looked at how tlhings _might be designed. In 1939 Jones & Stokes looked a t the from an environmental staridpolni, and there are no rare or endangered speces on th t e 18 BUTTE COUNTY PLANNING COMMISSION MINUTES September 28, 1993 property. In 1991 Wade & Associates produced the Specific Plan. In 1902 all three applications were submitted to the Planning Division and Quad consultants were hired to do the EIR. He said this plan has been in process for 8 years and is very well thought out: Robert Taylor said he has a home in Oroville and has been ars investor in Oroville for 30 years. He said he wants to build a world class resort at Lake Oroville. He said he wants a project that fits into the environment. He said this will be a 9.9 unit resort. Commissioner Nelson said most of the discussion has been focused on the resort where the residential development is on the largest portion of land. ' Mr, Taylor said the resort will start out small. He said the housing around the resort Will take longer and w l be done by demand, Mr. Evans said there are somt� growth inducing impacts connected with thisroject. He discussed the length and cost of a project this size. He said the loss of deer habitat is the most important impact to deal with. He said Jones & Stokes did an on- site deer study and the high quality habitat areas have been designated as open space, He said there are 112 acres proposed for R-1 zoning with 116 lots indicated on the plan. He said traffic is a problem. He said they will bring in a drawing of what is proposed for the intersections. He said the project is designed to keep people out of. cars by having shopping and recreation areas within Walking or biking distance, _ Mr. Smith said a diagram for traffic improvements will be put in the final EIR. Commissioner Ferguson said he disagrees with the statement that Olive Highway operating at a'Ievel of service E is acceptable by CalTrans. Mr, Smith said this is the level CalTrans is willing to accapt. Staff said the project will be republished, Chairman Lynch noted the October ober 8th deadline for comments on the EIR. Discussion - The Courity Code Section 2-72 and the Commission's By -Laws It Was unanimousi Y move�abrriedy to ointinue thiseit m0i to�tided by Commissioner Lambert] and ctober 28 1993 at 10:30 A.m. Vill, APPOINTMENTS AND REPORTSOF SUB -COMMITTEES IX MISCELLANEOUS 19 Suite Count LAND OF NATURAL WEAITM AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENUR DRIVE , OROVILLC, CALIFORNIA 0680r3567 TELEPHONE, 0181 5u.uo1 FAX: (016) 538.7786 BUTTE COUNTY PLANNING COMMISSION September 23, 1993 TIME: 9:00 a:m, PLACE: Board of Supervisors' Room County Administrat 0n. Center 25 County Center Drive Oroville, CA 95905 11 PLEDGE OF ALLEGIANCE Il, ROLL CALL III, APPROVAL OF THE MINUTES - September 7, 1993, IV,,_ CONSENT'- TEMPORARY MOBILE HOME RENEWALS - Bert Berg on AP 047-440-008 for Elia Mae McBeen; V10.1ent H. Dilley on AP 027-170.09 for Harvey Dilley, V. BUSINESS FROM THE FLOOR ON 1-TEINIS NOT ALREADY ON THE AGENDA (Presentations will be limited to five minutes. The Planning Commission is prohibited by State Law from taking action on any Item presented 0 it is not listed on the Agenda) VI.PUBLIC HEARING PROCEDURE' The Chair will call for; A. Staff Comments I1 Open the hearing to the public 11 Proponents 2, Opponents 3. Proponents rebuttal 4. Opponents rebuttal Gx Cioso hearing to the public D. Commission discussion E. Motion F, Vote It is requested that presentations be limited to a maXImUM of 5 minutes so that all Interested parties Will hAVe an opportuhlty to address the q,ol-r mission. Following your presentation, please print Your name and address on the speakers sheet so that the recced will be accurate. Vll, PUBLIC HEARINGS 9;00 a.m. Larry Smallen proposed Negative Declaration with mitigation measures regarding environmental review and Use Permit to allow 18 mobile home spaces, 6 RV spaces, 4 overnight camping spaces, a lauhdromat, and commercial retail space, on property zoned H -C (Highway Commercial) located on the northwest side of Highway 70, southwest of Concow'Road, at 6610 Skycrest Drive, identified as AP 058-260-004, Oroville: ,(CBS) (Continued open from July 8, 1993) 9:00 a.m. Martin Baumann m Variance to the minimum lot size to allow a 3,5 acre and two 2:5 acre parcels located In an A-5 (Agricultural - 5 acre parcels) zone, oh the north side of Wright Avenue, approximately 1500 feet east of Highway 99, between Wright Avenue and Nielsen Avenue, Identified as AP 024-110-066, Gridley. (TL) (VIDEO) 9;00 a.m. Robert Galvan - Use Permit to allow a permanent second dwelling on property zoned AR -MH -2.5 (Agricultural Residential - Mobile Home - 2.5 acre parcels) located on the northwest corner of Serene Lane and Bronson Court, at 31 Bronson Court, identified as Ap 036-500-051, south Oroville area. (LPW) (VIDEO) 9.00 a.m. = Carol Sus Kountz - Use Permit to allow weddings and/or receptions as a home occupation on property zoned A-5 (Agricultural - 5 acre parcels) located on the south side of Craig Avenue, 1,5 miles east of Upper Palermo Road at 3003 Craig Avenue, Identified as kP 027-270-014, Palermo area. (LPM (VIDEO) 9;00 a.m. Laura Rivers - Use Permit to allow a permanent second dwelling on 3.23 acres zoned A -R (Agricultural - Residential) located at the end of Percy Way, north of Mt, Ida Road, at 99 Percy Shay, identified as AP 036-540-012, Oroville, (LPW) 10:30 a.m. Discussion -Draft Environmental Impact Report for the Stringtown Mountain Specific Pian. 10;30 a.m, Discussion - The County Code Section 2-72 and the Commission's By -Laws. Vill. APPOINTMENTS AND REPOFITS OF "SUB -COMMITTEES IX MISCELLANEOUS 1. DlscUssion - Administrative Permit process, Aunt Minnie process and 62-1200s, X, CORRESPONDENCE A. ADJOURNMENT BUTTE COUNTY PLANNING COMMISSION MINUTES - September 7, 1993 I, PLEDGE OF ALLEGIANCE II. ROLL CALL Present: Commissioners Sessions, Ferguson, Nelson and Chairman Lynch Absent; Commissioner Lambert Also Present: Bill Farrel, Director of Development Services Lisa Purvis Wilson; Associate Planner Nick Ellena, Chico Enterprise Record Jill Clark, Secretary 1. APPROVAL OF MINUTES -- August 26, 1993. The'Comrnission had the follow ng correction: Page 19, 9th paragraph, change "staff` to Commissioner Lambert", It was moved,by Commi osioner Ferguson, seconded by Commissioner Nels4,n, and carried to approve the minutes of August 26, 1993, as corrected by the following Vote". AYES: Commissioners Sessions, Ferguson, Nelson and Chairman Lynch NOES: No one ABSENT. Commissioner Lambert ABSTAINED No one IV. BUSINESS FROM THE FLOOR ON ITEMS NOT ALREADY ON THE AGENDA r (Presentatlons will be limited to five minutes. The Planning Commission is prohibited by State Law from taking action on any item presented if it is not listed on the Agenda) None, V, PUBLIC HEARING PROCEDURE The Chair will call for; A. Staff Comments B. Open the hearing to the public 1. Proponents 2. Opponents 3. Proponents rebuttal 4. Opponents rebuttal C. Close hearing to the pubic D Commission discussion E. Motion 1= Vote It is requested that presentations be limited to a maximum of 5 minutes so that all Interested parties will have an opportunity to address the Commission. Fallowing your presentation; please print your name and address on the speakers sheet so that the record will be accurate, VI, PUBLIC HEARINGS KPPL FM RADIO (John Drake) - (item determined to be categorically exempt from environmental review) - Use Permit to allow a 50 to 60 foot radio translator with equipment shed on property zoned A-10 (Agricultural, 10 acre parcels) located on the south side of Highway 32, on the north side of Humboldt Road, approximately 3/4 mile southwest of their intersection, identi'Pe l'"ns AP#011- 040-027, Chico, (LPW) A video of the site was shown. Staff said that the video covered theentire project and that the shed does not require a building permit because of the size and the nature of the structure: Commissioner Nelson asked if there were going to be any lights? StiJiisaid that there would be no lights and that it would be a short tower, Chairman Lynch said that in rEading the permit, it allows up to a w foot pole. Staff said that was a number they came up with because of the location dear Humboldt Road, They did not want too tall of a tower i#hlch could have an impact or, future development or the roadway: Commissioner lrerguson Was Obricerned with the height of the tower and if it were to fall towards Humboldt Road. BUTTE COUNTY PLANING COMMISSION MINUTES - September 7, 1993 Page 3' Staff said it would only be into tete right-of-way area and not the roadway. Staff said that the pole will be buried a distance of approximately five to eight feet, The hearing was opened to the public. Brad llerj representative for KPPL Radio and for Dan Drake, owner of underlying property, introduced himself. Mr. Fuller said that they have entered into an easement agreement with Mr. Drake to use the area directly around the shed. Mr. Fuller said that the pole is 58 feet and the hole is about'7 feet deep. The shed will be renovated with a fence placed around it and there will be no high voltage on site: Mr. Fuller said that they concur with the conditions: Commissioner Felson asked if it was going to be a pole only or if there was going to be a transmitter also? Mr. Fuller said that it would be a pole with two4 s of antennas at the top. One is a receiving antennae which catches microwave signals coming from the radio station in Chico and the other antennae is the one that transmits it to the Chico area. Chairman Lynch questioned the Fire Department's condition of a 30 foot clearance of grass and brush from the structure, Mr. Fuller said that there was a "mutual concern of the clearance of the grass and brush, because they are worried that kids might drop cigarettes and staa fire. rt The hearing was closed to the public. It was moved by Commissioner Nelson, seconded by Chairman Lynch and carried unanimously, for approval as follows: A• Approve the Use Permit to allow a redo translator and equipment shed on AP#011.040-027 (KPPL FM) sul ,ject to the following conditions I. Applicant shall deed the requested 301 right-of-way strip to the County of Butte 2. The colors of the equipment shed and translator tower shall blend with the natural environment and be approved by .the Director of Planning or designee. 3= Applicant shall obtain all necessarybuilding n g permits from the Building Division of the Butte County Development Services Department r, 4. Applicant Shs ll provide and maintain, clearance of brush and grass a minimum of 30 feet from structures. 5. The tower height shall not exceed 65 feet. 6. Minor charyges may be approved administratively by the Director of Development Services upon receipt of a substantiated written request by the applicant. Prior to such approval, verification shall be made by each Department or Division that the modification Is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for an amendment, 7. Applicant must also comply with all other applicable State and local statutes, ordinances and regulations. Bunte County 11te Department - (Itern determined to be cate/ )xempt from environrr : review) Use Permit to alir -, County ' i &� a public -quasi r use on property zoned C-� feral Cc, 'ocated .on the south side of Highway 32, between East Av,�, and KE , ,vK flue; identified os AF#042-080-025, Chico. (CES) Staff gave a brief summary of the project and asked that the standard condition regarding minor changes be added as 'Condition No, 7. Chairman Lynch asked if there was any particular reason why Condition No. 2 is noeded? Commissioner' Nelson said that once a Use Permit is granted, it is granted. When there is a review process,, It is possible to review any problems that may arise. Chairman Lynch asked staff if this: was the West Side Fire Station. Staffsaid'that they believed it is to fulfill the need for the West Side Fire Station, but ultimately, CDF would like to build a permanent station. Commissioner Nelson said that he felt the review process was g., id and asked staff if they had received any comments! Staff said no: The hearing was opened to the public. c: *- BUTTE CaUNTY PLA' ING CC)MM15SIt)�! MISeptember - Se tember % 199 Page 5 , Bill Redding, Battalion Chief for CDF and Butte County Fire introduced ,hi P Mr, Redding said the ,building is leased yearly and that they at'e-►oo ms, if. best po rible temporary site. If k7 at the they choose to go permanent, thee. ,uld bu `' g y site: has the ability to expand, it. ill -time staffing, t; le current another � .z, and construct a building. 1n terries of f p has three large stalls and nas an area with an said that in order to could be expanded to living quarters, Mr. Redden office and a bathroodm�wh �hthe and apply for permits: He said hatothey uld hwant ave tto leave the oo go to the ption r. g Redding said that their ultimate plan is to get another site which. p pen. Mr. in, would be closer Commissioner Nelson asked if the City hada station in that area? Mr, Redding said no. Mr. Redding said that, there Is add tioni,il ;parking o,, the site, G IC "nmissioner Nelson asked if the station were to get a call how m Park there at the station? zany people Mr. Redding said a minimumof one person, the person who would . . engine to the call. take he fire Chairman Lynch asked Mr. Redding if they had thought about usin of flashing light out in front of the fire station? g some type Mr: Redding said they are pursuing with GalTrans ,a n d Public Works so me type an electronic control si nalwhich would turn red ,m all directions forapproximately two minutes to allow the fire engine to get out and through the intersection. Mr. Redding sa!d 'that there will also be warning ,si ns wit Possibility of trucks' emerging, 9 h the Commissioner Ferguson asked how many lanes there bt',� currently in this are` ? a. Mr, Redding said that there are currently iwo with a left tuna lane, Chairman Lynch asked if only one engine would be stored at this ocation? Mn Redding said that one engine will be there to respond to calls b building Would be also used for storing other apparatus4 ut that the Chairman Lynch asked if this sttition hada Water tender? Mr, Redding said that the water tender is currently housed at the station, North Chico BU" ;:E CQUNT'T.ING COMMISSION' MINUTES September ;`", 1993 Page 6 The hearing was closed to the public. Commissioner Nelson asked if CalTrans has the ultimate authority on how wide the access is going to be? Commissioner 'Ferguson said that the applicant would have to obtain an encroachment r --i-mit from CalTrans before doing any work. It was moved by Commissioner Nelson, seconded by Commissioner Sessions and carried unanimously, for approval as follows: A. Find that the project is categorically exempt from environmental review under CEQA as a Class 3 exemption; and B. Find that the proposed use of the property will not impair the integrity and character of the zone in which the land lies and that the use would not be unreasonably incompatible with or injurious to surrounding property or detrimental to the health, safety, and general welfare of the persons residing or working in the neighborhood or to the general health, welfare and safety of the County, because the facility will be located In an existing structure that is in a C-2 zone and all surrounding property is similarly zoned; and C, Grant a Use Permit to allow a volunteer fire station on AP#042-080-025 (Butte County Fire Department) subject to the following conditions: 1 The applicant shall work with CalTrans and the County Public Works Department to explore the possibility of the fire station having the ability to control the new traffic Eight at East Avenue and Highway 32 so emergency vehicles will have safe access to the roadways 2. The station shall not convert to 'a fully manned, 24 hour station without a review by the Butte Coun}y Development Sertices Department, 3. Meet the requirements of CalTrans and the Butte County Public Works Department for frontage improvements on Highway 32, Obtain any necessary encroachment permits: Access to be limited to one driveway serving the parcel unless otherwise allowed by CalTrans 4. Meet the requirements of the Butte County Environmental Health Department for sewage disposal and water supply, BUTTE COUNTY .? CANNING COMMISSION (MINUTES September 7, 1,993 Page 7 5• Provide a minimum of 6 parking spaces for the fire station use and provide landscaping on site equivalent to 5% of the lot area in accordance with Section 24-35 of the Butte County Code. 6•. Applicant must also comply with all other applicable State and local statues, ordinances and regulations: 7. Minor changes may be approved administratively by the Director of Development Services upon receipt of a substantiated written request by the applicant. Prior to such approval, verification shall be .made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as 'conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for an amendment: VII, APPOINTMENTS tiND REPORTS OF SUB-COMMITTEES None Vlll. MISCELLANEOUS 1 Discussion and vote on the possibility of review of Tentative Parcel Mas and Subdivision Maps through the - 4'anning CommisSan: p Staff suggested that the Commission continue this discussion to the September 23, 1993 meeting, as a miscellaneous; un-timed item Staff said that they are working 9 with the Cities of Oroviile, Chico, Gridley and the Town of Paradise to arrange a s€ries of public hearings jointly before the Board of Supervisors and the Planning Commission which will be held in the evenings in he month of October. Staff said this will enable the Commission and the City p..i draft plane and that by doing ti lis, thearw II bed to eablPhto es and to the cit present their and Board. Staff said this will jv� �„ .13, bear the input of Go p es with comm t- : that to g r � d and the .. the Commission mmission a sense of how the plans .relate to � end Options Re ort which they will be considering ,n the fall. P t r � 4 ti Autte, cou"a LAND OF NATURAL WEALTH AND BEAUTY PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE- OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 Department of Development Services BUTTE COUNTY PLANNINGCOMMISSION September 7, 1993 TIME;, 9;.00 PLACE; Board of Supervisors' Room County Administration Center 25 County Center Drive Oroville, CA 95965 I: PLEDGE OF ALLEGIANCE lI, ROLL CALL III. APPROVAL OF THE MINUTES - August 2G, 1993, IV. BUSINESS FROM THE FLOOR ON ITEMS NOT ALREADY ON THE AGENDA (Presentations wilt be limited to five minutes, The Planning Commission`,is prohibited by State Law from taking action on any item presented if it is hot listed ,on the Agenda) V. PUBLIC HEARING PROCEDURE The Chair will call for; A. Staff Comments B, Open the hearing to the public i. Proponents Z Opponents 3, Proponents rebuttal '1 Opponents rebuttal G Closer hearing to the public D. Commission discussion E, Motion F. Vote It is requested that presentations be limited to A maximum of 5 minutes so that all Interested parties will have an opportunity to address the Commission: Following your presentation, please print your name and address on the speakers sheet so that the record will be accurate BUTTE COUNTY PLANNING, COMMISSION AGENDA - September 7, 1993 i VI. PUBLIC HEARINGS. 9:00-a,m, KPPL FM RADIO (John Drake) - (Item determined to be categorically exempt from environmental review) - Use Permit to allow a 50 to 60 foot radio translator with equipment shed on propertyzoned A-10 (Agricultural - 10 acre parcels) located on the south side of Highway 32, on the north side of Humboldt'Road, approximately 3/4 mile southwest of their intersection, Identified as AP 011-040-027, Chico. (LPW) 0:00 a.m. u Butte Bounty Fire Department - (Item determined to be categorically exempt from environmental review) Use Permit to allow a County ,Fire Station as a public-quasi public use on property zoned C-2 (Genera( Commercial) located on the southside of Highway 32, between East Avenue and Kennedy Avenue, identified as AP 042-086-025, Chico, (CBS) VI 1, APPOINTMENTS AND REPORTS OF SUB-COMMITTEES VIII, MISCELLANEOUS 1. Discussion and vote on the possibility of review of Tentative Parcel Maps and Subdivision Maps through the Planning Commission, IX, CORRESPONDENCE }; ADJOURNMENT _ yy V�* BUTTE COUNTY PLANNING COMMISSION MINUTES August 26, 1.993 PLEDGE OF ALLEGIANCE TT4 ROLL CALL: ,Present: Commissioners Lambert, Nelson_, Sessions, Ferguson and Chairman Lynch Also Present: Paula Leasure, Asst. Ping. Dr. Lisa Purvis Wilson, Assoc. Pl4nner TomLast, Senior, Associate Planner Craig Sanders, Associate Planfter Nick Ellena, Chico Enterprise Rec. Shane L Shane, Paradise Comm. Diana Shueyr Secretary III. APPROVAL OF THE MINUTES - August 12., 1993 The commission had the fullowing correction: Page 5, 11th para. replace "would" with "might." It was moved by Commissioner Sessions, seconded by Commissioner Ferguson, and carried to approve the minutes as corrected by the following vote: AYES: Commissioners Sessions, Ferguson and Lynch, NOES: No one :ABSENT: Commissioner, Lambert ABSTAINED: Commissioner Nelson IV. CC�NSE - Alta R. Linn nn on. AP NT - TEMPORA.'3Y MOBILE ROME RENEWALS 081-258-048 for Robert Linn, Edward Correira on AP 012-140-=023 for Mabel. Correira. staff said the files were in order, der uson and unanimouslyYcarried for approval roval of g P seconded by Commissioner . was move b Commissioner Sessions, the renewals_. 1 ry BUTTE COUNTY PLANNING COMMISSION , fit MINUTES - August 25, 1993, V. BUSINESS FROM THE FLOOR ON ' ITEMS NOT ALREADY ON THE AGENDA ('Presentations will be limited to five minutes. The Commission is prohibited by State Law from taking actionion- Any item presented if it is not listed on the. Agenda) Vince Phelan, 3010 North Avenue, Chico, asked what development is Under way on land in the County near the airport on the easte aide of Cohasset Road. rly staff said that some research would have to be done 'to know exactly what is being done at the location. it was Suggested that previously recorded parcel maps might be under levo_ ment. It Was muggested that Mr. Phelan ask the Building Division wh t building permits have been taken out for that property. VI. PUBLIC HEARING PROCEDURE The Chair will: call for: A. Staff Comments B. open the hearing to the public 1. Proponents 2. opponents 3. Proponents' rebuttal 4• opponents rebuttal C. Close hearing to the public D. Commission "discussion E. Motion P. Vote It is requested that presentations be minutes limited to maximum of 5 so that all interested parties 'gill have an opportunlease ity to address the Commission. Followingour your name and address on the speakr sheet sothatthheprecord rine be accurate. will VII. PUBLIC HEARINGS. Ron White (Item, determined to be a General Rule Exemption from environmental review B—ezone from Tm--1 (Timber Mountain 1 acre parcels} to remove a conditional tonin Property located on the north side of g agi;eement on a 'Lanat intersection with Barry Lane, identified asnAP os6e280-042 its 80 042s Forest Ranch (File 93-24 (TL) Staff said that the request is regarding replacement of condition 2b from a 1984 rezone*. "In stall a mutual water system under permit b p p nvito,=ental Health' with Y Dept. of Corporations and Dept. of .E the followingcondition: OPrior to recordation of the final map, 2 BUTTE Coubl"ry p MINUTES -. LANIV'ING CO�zSSION August 26, 1993 the applicant }shall meet the requirements of Environmental Health Dept,. _regarding the Butte County water availability. i, This same g proof of adequate domestic request was property to the .north which was approved for the Property is the last part of the same rezone. This the condition for a mutual water company. Property zoned TM -1 which st:ilj, .:has'. The hearing was opened to the public. Commissioner Ferguson asked if there is adequate water storage for fire protection. Tom Wrinkles, of Sierra approved parcel map on theest Surveying, said that there is an for the parcel ma Property and the Fire De t, p have been met. p conditions Staff noted that in addition to the Fire Dept, condi ti there is a condition on the ort itions for fire either a storage tank or pools for the Fire Dept. Original rezone.. to provide p The hear,�.ng was closed. • It was moved b Lambert,and Commissioner a'seconded by lmouly arx Commissioner as follows:A. Find that: �- • The Property_ hasl environmental removal of the condition and received severa evaluations and the replacement of it with the be, ow condition does not represent a significant impactl on the environment 2. There is no evidence before the County that t as revised may have a s� y he project environment. significant effect Oh the B. Find that the issue of water availability area hes been resolved since the imposition of the con Y h the Forest Ranch in 1984; diton. C• Find paree;l$a wil�ll private water systems supplying four or feWer systems; adequate and efficient water D . .. p, Recommend that the Board of Su erv.' of Condition Wb of the Conditional Zoning Agreement of of Conti s approve the deletion (Aon white) approved an October 16, 1984, subA t.Sto adding the fnllowirig ;condition: 3 BUTTE COUNTY PLANNING COIC418SION MINUTES — August 25, 1993 2b. Prior to recordation of the Final Ma shall meet the requirements of they Butte applicant Environmental Health Department regarding proof of adequate domestic water availability, Aldersgate United Methodist Church categorically exempt from environmental( review) Item tU elPe mi to allow the addition of Sunday school class rooms and remodeling of the front entrance of an existing church on property zoned B-3 (Residential) located on Road and Burnap, identified aseAP 001-290-04est 0, Chico. Chico ohasset (VIDEO) (TL) A video of the site was shown. Staff said the request is for additional classroom space. There is ample ,parkin I ssue is a Dept. of Public Works condition g' The main ( #4 ) for street deferred for at least 6 years on But be improvements. Staff recommends that the street improvements expansion;. This is due to Phe Avenue cosa Until forthe� _ ,ti,�c ,.;a lett�x Y,;° in relation to the minor request for expansion, The " 5 Mt. Schroeder requesting deferral of the street improvement$ 6�ra"; U-iodvertentl omitted from the packets. The y type cant has been, gar.: , a -ing with the City of. Chico as to what type of improvements .r, V„gLtired on C;ohasset. Commissioner Lambert said that there ,ic a left turn lane at this Location on Cohasset. The hearing was Opened to the public, Pastor Rod Brayfindley of Aldersgate United Methodist cilurch, rias present to answer questions. Chairman Lynch asked if the expansion is due to overcrowdin o ~ Present facilities, or i.f an increase in attendance is expected..f Pastor Brayfindley said that a radical increase in attendance is .riot expected. Chairman Lyn ch said that it did d not a significant increase in traffic on Cotss t due to this expansion a p n. Commissilover lambert said that her concern about traffic was in relate.,.to the road, since Cohassetcondition isa c ty street and is Aveftut�'.,, which i5 a county y p street improvements. an the city plans :for 4 BUTTE COUNTY PLANNING COMMISSION MINUTES August 26, 1993 ''Vince Phelan, 3010 North Avenue, said he supports the church expansion, but said that there is need forar7, an crossing on Cohasset between Eaton Road and East Avenue Pastor Brayfindlev said they have been encouraging the City of ,Chico to continue working on a traffic light at this location, but a traffic light is not planned for the near future. Chairman Lynch notedthat Cohasset is a city street with county property on both sides. He said it is appropriate for the ,4pplicant to discuss with the city: traffic control; marked. pedestrian lanes; traffic lights; stop signs. Commissioner Nelson said that the Planning Commission should recognize that there Is a pedestrian safety problem in this area, ,and support the applicant in this matter. Chairman Lynch said that the applicant has already taken the :appropriate action to approach the city regarding Cohasset. Commissioner Nelson suggested that the Commission should notify the Cite' of Chico that there is a traffic safety problem that has been brought out by this application, which the City of Chico should address. Tom 'Wrinkle, 2615 Burnap Avenue, suggested that rather than granting .a 6 year deferment for street improvements on Burnap Avenue, that the applicant enter, into a covenant to participate in the cost of street improvements when and if Burnap Avenue is improved ,Hearing closed to the public. Commissioner Nelson suggested changing condition 4a to include the option: linrenter into a covenant nct to protest a future assessment district for road improvements.11 Commissioner Lambert asked 'what the applicant would prefer for this condition Pastor Brayfindley thought it 'would be best not to protest the assessment district. It was moved by Commi ssi_oper Nelson, seconded by Commissi_o ier Lambert and carried unanimously, for approval as follows: A,i Find that the proposed expansion is a Class 1 (e.l) exemption from the provisions of CtOA; and 5 BUTTE COUNTY PLANNING COMMISSION MIhTUTEa' August 26, 1993 B Find that the proposed expansion, suboct to the attached conditions, complies with the R-3 zoning standards and is compatible with the integrity and character of the zoning and general plan i.and use designations for the property; and Find th,-kt the expansion to the church is compatible with, and will not result in a detrimental impact to the general health, welfare and safety of neighboring properties because the use does not represent an activity that would create potential conflicts; and Approve the Use Permit to allow an expansion of an church on AP 007-290-040 {Aldersgate United Methodist uhurchg subject to the following conditions 1. Provide a permanent solution for drainage. 2= Meet the requirement of the City of Chico for any required improvements on Cohasset Road: 3 Submit road and drainage plans to Land Development for checking and approval prior to construction and install the required faci.lit.ies, 4. Within six6 { ) years from rate of approval of this Use Permit or at the time of another expansion to the church, whichever comes first, the :following shall, occurs a. Construct one half street plus, 12 foot section on Burnap Avenue to the RS -•2A Road standard with vertical durb, guttyr and sidewalk, prime coat, fog seal, and 95% relative compaction, or b• enter into a covenant not to protest a future' aysessment district to deal, with road. improvements 5: Install a fire hydrant at the corner of Burnap and Cohasset prior to occupancy of the expansion area of the church.• 6• Applicant must also comply with all other applic n ble state and local statutes; ordinances, and regulations, 7 Minor changes may be approv::; -Administratively by the Director of Development Serv.;.Q;dS upon receipt of a substantiated written request by the ipplicant, Prior to such a . r . , � , i ,y PProval ver�.ficat�.on shall be made b .each Department or Divisiun -hat the modificat'on is consistent with the application, fees paid and 6 oz AUTTE COUNTY PLANNING COMMISSION MINUTES - August 26, 1993 e�Svirunmental determination as conditionally approved. Changes doemed to be major or significant in nature shall require a formal application for amendment It was so moved by Commissioner Nelson and seconded by Commissioner Lambert that Staff prepare a letter regarding the problems around Aurnap Avenue which have been brought up by this application and that it is recommended that the City of Chico look into a possible traffic light and/or crosswalk for pedestrians to safely cross Cohasset. AYES s Commissior,ers Lambert Ferguson,, Nelson, Chairman: Lynch NOES: No one ABSENT: No one ABSTAIN Commissioner Sessions George_Domon - proposed Negative Declaration regarding environmental impacts and Rezone from A-10 (Agricultural. - 10 acre parcels) to A-5 (Agricultural - 5 acre Property located on: the east. side of Butte Creek, northfor of Garden Road and south of Ch co orovll.e Highway; identified as AP 040-080-023, 024, 0291 030, 062,, 063, and 040-100-011; Durham. (PIle 93-22) (CBS) Staf gave a brief summary of the project. Chairman Ferguson asked how this project relates to the General Plan. Staff said the General. Plan designation is orchard and Field Crops which calls for 20 acre parcels or larger unless conditional. findings are met. The findings have already been met for A-10 zoning, such as existing parcel size and ag viability; Hearing open to the public. Tom Wrinkle, of Sierra West Surveying, was y gr ,present. He said that - page 2 of the Staff Findings sums up the situation in stating,, 'Whose two areas of land reprosent the last rema-fining parcels that have the potential to be ci-waded.h This property was recommended for 5 acre parcels by the Citizens Advisory Committee and the, g c, Proposal p Planning Coininis._.�on. A subd�.va.sion .for 5 acre parcels was .recently approved to the south. The ro osal meets the requirements for the Geneval Plan. The Super-Visor for the district has indicated that he supports 5 acre parcels for this area. The property has already 7 _ r _ w . BUTTE COUNTY PLANNING COMMI8SISN MINUTES - August 26, 1993 ,been approved for a subdivision of 10 acre v s or 5 acre parcels in the ac tone the There is a South voflDom n s north arcel parcel Just parcels of 1, 2 and 5 acres. The Davis osubdivsion for Road area e5eacre parcel- was approved since the area was parcels. rezoned for 10 acre Florence Dixon, a neighborin property is a beautiful almond ranch in the middle roert of antsaidh areabthat is fast becoming residential,. She subdivided some propertybut found it difficult to find buyers who would make a the Land. She turned away buyers who wished to se of ,have a retail nurse cattle .oma ry • She had in mind stables and swimming pools . One buyer from the Los Gatos area created a beautiful place. The creation of 14 :parcels Would ,have a big impact on Ackerman Road- although it seems Domon has the right to subdivide, zany 5 acre parcels have been created in this area, although itis not Practical to farm 5 acres. She does not object to the subdivision, but it Will: change the scene out there, and it should be realized that it is not a farm area any more unless the large ac eage is protected, which is almost impossible. The other part of Lott Road is already one acreparcels, The proper coning as really one acre- and there its very -not five acres. The parcels are very expensive little money left to build a home and landscape 5 acres: There are too many people involved to leave the almond trees on the parcels and contract someone to farm the almonds, Hearing closed to the public: Commissioner Lambert noted that there is inv61ved--70 plus a total of. 94 acre acres zoned for 1.0 acre parcels. Though surrounded by 5 acre parcels,, it is sti11 compatbl.e uses with farming. Perhap a mistake was made in a,�lowng the 30 acres t the south to be 5 ares. Nothing can be done about the 5'acre parcels 'Which, were created prior to the Durham Dayton Nelson plan. Staff said that the map for 5 acre parcels which was denied by the Development Review Committee was Approved al bthe Board of Supervisors because the applicatiowas made P r or to he addo of the A-10 zoning, The Board supported the vested rigrt oof the map. Commissioner Lambert said she would not support a rezone of the property because it is viable for agriculture; it is an orchQ d in its prime and can continue surrounded by 5 acre parcels. Commissioner Fer gusn asked why the Coining on the.'64 acres was ' changed from A.-5 to a-10. ommitsaoner Lambert thought that might be because of the large acreage under one ownership 8 ;M BUTTE COUNTY pLANXING 'OMMISSION MINUTES August 26, 1993. Staff said that there was considerable public 1.iput at the Board hearing in favor of the continuation of agric-- i:ural activity .211.1 this area, supporting A-10 zoning. Commissioner Lambert thought that the correct zo ain,."'should be A-10 or larger, 'which was the first recommendation r; the Planning Commission. The recommendation was compromisra dcw.n to 5 acres.' Commissioner Sessions suggested that this applicant, should have the same right to subdivide into 5 acre parcels like ;.hs others., Commissioner Lambert said that the applicant lxad the opportunity to divide the property into 5 acre parcels duritq the 6 years prior to adoption, of the Durham Davton Nelson Plan, as did the others. Commissioner Ferguson It -, that it would be iecessary to have good reasons to change the zuAing, and he does not have any. Commissioner Ne"ison said the only reason would be because the other property owners have created 5 acre parcel; There was no motion to approve the applica�k:ion. it was moved by Commissioner Lambert, seconded by Commissioner Nelson, and carred A. Noting that the requirements of CEQA have been completed and considered in making this decis,on; Mind B. Finding that the rezone does not conform to the policies, including the text and map of the Bui:te County General Plan, because of local desires and. the ac°;ricultural viability of approximately 90 acres of prime a4tdt ltUral soil which will be severely impacted; to C.- Deny the rezone from A -IO' to A-5 (George Domon) on APs 040- 080-023, 024, 029, & 030, and 040-100-011 & 012, AYES Commissioners Lambert, 'Ferguson, Nelson and chairman Lynch. NOES: No one ABSENT: No one ABSTAINED-. Commissioner Sessions Lena Small. =- (item determined to be categorically exempt from environmental 'review) Use Permit to allow a mobile home as a tempora y Second residence on property zoned (Agricultural - 5 acre parcels) located on the north Side 6 9 r BUTTE COUNTY PLANNING COMMISSION MINUTES', - AUgilst 26, 1993 ti Swedes Flat Road approximately 3/4 mile east of Hurletown St�yedes r'ltAt Road, at 1751 Swedes Flat. Road., identified as AP' 0.28-170-023, Bangor. (LPW) (VIDEO) �i A video of the site was shown. Staff said that the mobile is already on the property. There was no violation. but the request is to make it legal. ' Commissioner Ferguson asked if there is adequate access for fire protection. Saff said that the access is acceptable all weather access. Hearing open to the public, Lena Small, 1.751 Swedes Flat Road, was present She asked for approval of the request. for her disabled daughter and her child. Roaring closed to the public. Chairman Lynch said the request is appropriate: It was moved by Commissioner Ferguson, seconded by Chairman Lynch and. carried unanimously for approval, as follows: I A. Find that this project is Categorically_ Exempt from - environmental review; and B. Find that this proposed usp of the property will 'not impair the integrity and character of the zone in which the land lies and that the use would not be unreasonably incompatible with, or injofious to sUrrounding properties or detrimental to the health and general welfare of the persons residing or working in 1, w e nei;hborhood or to the general health, welfare, and safety of the County; because the application complies with Butte County Code Section 24-804t and U C Approve the Use Permit to allow a temporary mobile home as- a second dwelling on AP #028-170-023 (Lena Small) subject to the fol owing conditions! 1 Occupancy of the mobile home is limited' to Torriana Reedy & Child. 2. No rent is to be charged to the occupant of the mobile home, 3 deet the requirements of the Butte County Environmental Health Department for domestic water: supply and sewage` disposal. 10 i BUT'T'E COUNTY PLANNING COMMISSION MINUTES August 26, 1993 4. The mobile home is to be a temporary use on the property pursuant to the requirements of Section 24-304 of the Butte County Code 5. The Use .Permit shall expire two years from the date of issuance of the Use Permit. Upon application, the Planning Commission may grant an extension of the Use Permit not excv-,ding one year. 6. in the event that the applicant who is resir,1 ng within the mobile home or the conventional.,residence, for any reason, mover. to another location or is deceased, then in that event, the Use Permit granted herein shall automatically expu+.re and the mobile home shall be removed within one hundred twenty (120) days. in the event the mobile home is not removed within one hundred twenty (120) day%, pursuant to the terms of the Use Permit the County s:lall remove the mobile home and store it at. the owner's expense. 7,. The applicant is to pay a deposit or post a bond to cover the cost of removal in the amount of $1,500 for a single - Wide mobile or $2,000.00 for a double-wide moble. 8. Meet the requirements of the Building Division of the Butte County Department of Public Works. 9. Meet the requirements of Butte County Fire Department/California Dept. of Forestry. 10. Applicant must also comply with all: other applicable State and local statutes, ordinahces, and regulations. 114 Director or changes of Y approved administratively by the s upon receipt of_ a substantiDevelopment Service ated written request by the applicant. Pr,�.ar to Department or Division, that hall that the be made' modifica ion ed s h such a rov consistent with the tion, fees Changeaid and, s environmental determination lana coditionally approved. g deemed to be majoror significant in nature shall require a formal application for an amendment. S. Eldon - (Item determined to be categorically exempt from environmental review) Use Permit to allow a mobile home As a temporary second duelling on property zoned A-40 (.Agricultural - 40 acre parcels) Iodated cin the north side of :8(iggins Avenue, approximately 500 feet east of Meyers Aveiiue 0't 177 Higgins Avenue; identified as AP 024-140-021; dtidley. (LPW) (VIDEO �:1 BUTTE COUNTY PLANNING CUMMISS_ION MINUTFS - August 26, 1993 A Hideo of the site was ishown. Hearing open to the public, S. Eldon Cully was present and explained that he and his wife are in poor health and his son would Like to live near his parents in order to help -them. He asked if the bond or deposit could be in the form of a CD in order to keep earning the interest, Chairman Lynch said that a CD would be acceptable. Rearing closed to the public. Chairman Lynch said that the application appears appropriate. It was moved by Chairman 'Lynch, seconded by Commissioner Lambert and carried unanimously for approval as follows.. A. Find that this project is Categorically Exempt from environmental review; and B Find that this proposed use of the property will notmpai the integrity and character of the zone in Vhich the land lies �:y , and. that the use would not be Unreasonably incompatible with, or ..njuridus to surroundingproperties or detrimental to the health andeneral welfare of the persons residing or working in the neighborhood or to the general' health, welfare, and safety of the County because it comblies with the Aunt Minnie Ordinance; and C Apconde d he Use Permit to allow a temporary Yr.^bile home as a PP `� welling on Ap r0Q24-140-021 (Cully) su,) Ject to the followingi conditinas I. Occu and paawn--y of themobile home is limited to Patrick Cully ... 2. No rent is to be charged to the occupant of. the mobile home. 3. Meet the requirements of the Butte County EnVironmental Health Department for domestic water supply l and sewage disposal. 4. The mobile homes to be a torary use on the propert P y pursuant to the regii r-mentems of Section 24-304 of the Butte County Code: 5. The Use Permit shall expire two years from; the date of issuance of the Use Permit: Upon application, the Planning Commission may grant an extension of the Ilse Permit hot eXceeding one year. 12 y t �tTTTE COUNTY PLANNING COMMISSION' MINUTES - August 25 1.99;3 5. In the event that the applicant who is residing within the mobile home or the conventional residence, for any reason, moves to another location or is deceased, then in. that event, the Use Permit granted herein shall automatically expire and the mobile home shall be removed within one hundred twenty (120 days. ) y. In theevent the mobile home is not removed within one hundred twenty (120) days pursuant to the terms of the Use Permit, the County shall remove the mobile home and store it at the owner's expense. I/ • The applicant is to _pay a deposit or post ,a bond to cover the cost of removal in the amount of $] ,+i. for a single - wide mobile or $2,000.00 for a double-wj,ie mobile. Meet the 8. Butte County Departmentuirements ofPublic tBuilding Division of the works. 9. Meet the requirements of the Butte County Fire Department/California Department of Forestry. 10. Applicant must also compJ.y with all other applicable State and local statutes, ordir,4nces and regulations. 11 Minor changes may be approved administratively by the Director of Development Services upon receipt of a substantiated written request by the applicant. Prior to such approval, verification, shall be made by each Department or Division that the modification Is consistent with the application, fees aid and environmental determination as conditionally approved. Changes deemed to be -major or significant an nature shall require a forma] application for an amendment. Alba Houseman (Item- determined to be a General, Rule ExuMption from environmental review) Use Permit to allcnw the segregation of a homesite in an agricultural Lone a.hd a Vat 5nee to the required site area on property zoned A-20 (Agricultural - 20 acre parcels) located on the southeast corner of Midway and McFadden bane at 10 McFadden i::anQ' identified as AP 040--020-033 128 opian from August 1.2, 1993 ) ` r Chico. (CBS) (Continu, ed Staff said the item had been continued open in order that the entire Plann1119 Commission might be present. A letter was submitted by Carl Leverenz with: aY. attached site plan which revises the request by reducing the size of the se re aced cel b acre, and thus retaining more land 'in the gricultutalrparcel. 2 13 VOUNTY PLANNING COMMISSION August 26,, 1993 i..-.�.irman Lynch said that the agricultural, parcel would still contain less acreage than that required by the zone. Staff said that is correct. Nearing open to the public. Merles Pustejovsk y, of NorthStar Engineering, representing the applicant, said the ;revised plat was provided in order to put more acreage in the ag parcel, which still contains less than the: required acreage. The intent of Ordinance 24--54 appears to be to remove the dwellings from the a el. this case dwellings include a shed, pump ho sercand n the addition to the house. twomobilehomes Chairman Lynch said that at thz previous hearing there was a problem with the residences being on the remaining agricultural land. Mr: Pustejovsky said they are not on the a plat. 9 Parcel on the revised Commissioner Lambert said that the tates that all dwellings s must be shown on the map, bOrdinance but 't clear that one existing home may be segregatedi Showii�,gall dwellings is not the - same as segregating all. dwellings. n Commissioner Nelson said it is clear that the Ordinance states that theu p rpose is to allow the segregation of one (1) existing home; Hearing closed to the public. Chairman Lynch ted that the commissioners are not held to vote the same way they did previously. Staff said the Ordinance talks about segregation of one unit. There are situ4kti' ons in the County of having more than one dwelling on an agricultural parcel such as with Aunt Minh' es or ag worker housing. The Ordinance might have to be re-examined as to how to best handle such. situations in -which there.s more than one dwelling involved with an ag segregation. There is the potential' Of setting a precedent by approving this request, the men previous h note , has since Nelson who was absent from., chairman ,Lynch note.. that Commissioner d. the mina tapes of the previous 'meeting`, tes and listened to the Commissioner Fion y -son said that the code is clear and this is an The property has ttvo legal mobiles which the county allowed. Tli, segregation issue is a: separate; issue. 14 l 1 BUTTE COUNTY PLANNING COMMISSION MINUTES - August 26, 1,99 Commissioner Nelson said the mobiles can be segregated into the larger parcel. Commissioner Lambert said that can't really be done because of the zoning requirements. Chairman Lynch said the applicant can remove the mobile home then the one residence can be segregated according tos tnd .r.equi.ements of Section 24-54. J he Commissioner Ferguson said that since the county mobiles to be installed it should, not require t allowed they the he removed. It would be'�"cleaner" but the applicant would be financially penalized.; Commissioner Nelson said the applicant would not be denied an rights by being allowed to segregate the Property. y. was set UP with a specific intent: p p y• The ordinance Commissioner Lambert asked why the Commission should be obligated to allow the applicant to segregate off 2 acres o a, parcelg ed doesn't meet the zoning now; that Chairman Lynch noted that there is a total of 18.2 acres, Commissioner Lambert said that originally there was about 20 acre and then a parcel was deeded off to a son, which was perhaps s prior to the present zone p p done Chairman Lynch said that the zone was then A-2 Commissioner Lambert said that there is a parcel that is arunderlying subdivision that has the potential. for subdivisioon. Two had a lot of- benefiin mobile homes have been allowed in an ag zone. The applicant has received, and r)aw he Swant an ag zone that other people have o' s another. How many benefits will not granted to this person that are not granted to others? The zoning is not mot, nor the acreage, nor the intent of ag segregation of One residence: A precedent should no request t be set by granting the Commissioner sessions said that the applicant owns the pronert it will not hurt anybody tO let him be able to what wat hpropertyand it. nts with It was moved by Commissioner Ferguson and seconded by Comms done Sessions for approval as follows; minutes of August 12, 1993 y and the sameTae same motion a in hat recommended in .the: duly 15, 1993 staff report with the deletion of condition 7 and the addition of condition g.) BUTTE COUNTY PLANNING COMMISSioN ,MINUTES - August 26, 1993 A. Find that the project is not subject to environmental review;, under CEQA as per the general rule exemption; and B. Find that the proposed use of the property will not impair the integrity and character of the zone j a which the land lies and unreasonablythat the p injurious u to se wsurrounding prop rty not be or detrimental to with or health safet e y, and general welfare of the persons residing or working in the neighborhood or to the general health, welfare and safety of the County, because the granting of this use permit will not affect the ongoing agri;cult,ral operations on site and the recommended conditions will bring the project into substantial.compliance with the ordinance. and; C. Grant a Use Permit to allow the segregation of a one to two acre home site and a variance to the 20 acre requirement of. the homesite segregation ordinance on AP 040-020-033 & 028 (Houseman), subject to the following conditions: I. Parcels to be created pursuant to Chapter 20 of the Butte County Code and the Mate Subdivision Map ,Act. 2. Prior to the d vis'Zon being effective; the owner or owners of the property included in the approved development shall execute and cause to be recorded in the Office of the Recorder of Butte County, a restriction sucrin essorspoft andheasorigina owners and their heirs, iftS , h disallows additional dwellings from being .located on the agricultural; property or the agricultural segregation parcel., 3i The Use Permit and covenant shall be in force for a minimum of 10 years from the time of recording of the covenant and will continue until the applicant applies for termination or partial termination thereof'. 4. Appll.cations for termination or partial termination shall. be considered in the same manner as applications for use Permitspursuant to sections 24-43 through 24-48 of the Butte Coxnty Code. The planning commission options for action on such application are: (A) Terminate or partially terminate the covenant and remove conditions from use permit. Appl%cations' for termination or partial termination to be accompanied by the fee set by resolution of the beard of supervisors to be deposited in the county general fund; no part of which shall be returned to the App! icaint.. (B) C Extend } ndthe covenant for a period not to exceed ten yea16 BUTTE COUNTY PLANNING C9Mh1ISSION MINUTES - August 26, 1953 (C) Consider the area for a change in design".:ion from orchard and Field Crops, Grazing and Open Land, or Agricultural -Residential to a non-agricultural designation under the General Plan. 5. The use permit and covenant shall be in force for the agreed-upon time unless the General Plan is amended and the property in question is no longer designated agricul- tural. If this should occur, the applicant may apply for termination of the covenant. 6. It shall be theduty of the selle ` or his agent to inform any possible buyer or his agent of the existence of the covenant and of its terms: 7. Meet the requirements of, the Butte County Environmental Health Department, 8. Applicant mustalso comply with all other applicable State and localstatutes, ordinances and regulations-.. 9. All mobile homes shall comply with state laws. AYES: Commissioners Ferguson and Sessions NOES: Commissioners Nelson and Lambert and Chairwan Lynch ABSENT: No one ABSTAINED; No one Motion not carried. Comm ssiOfter Nelson said that he would be in favor of retaining condition 7 (on the July 15, 1993 staff report) to "remove the two existing :mobile homes from the homesite parcel or re -design the parcel to leave the two mobiles on the agricultural parcel: if the second option is chosen, the applicants will have to resolve -the question of the two mobiles being a mobile home park.► Commissioner Lambert said she would, still have a problem with that. Chairman Lynch also saw a problem 'with that. Commissioner Lambert said that additional dwelling units are not Allowed on the agriculturally segregated portion - new ones. Commissioner Ferguson said that the countydid allow the two mobiles on the agricultural property, ' 17 BUTTE COUNTY PLANNING COMMISSION MINUTES - August 26, 1993 Chairman Lynch said there wao a pre-existing permit, but not an ag Segregation. Commissioner Fer , guson said the land was agricultural and the units were allowed. Staff said that Ordinance 24-54 does not allow any new structures once the ag segregation is created. The ,Ordinance indicates that the original parcel could have more than one dwelling. If only one dwelling is allowed on the segregated homesite parcel, it would ' follow that one �-�wo on the property to be must remain on the in wi a r,cu'ltural parcel, (if there Chairman Lynch said, that since the motion for approval was denied, the applicant can either come back with an amended, Use permit application or appeal. this decision to the Board of Supervisors. Chai..man Lynch asked if the item could be continued and the applicant, come back with a revised condition 07 and a new map without readvertising. Staff said if a Mo`I-ion for continuance is made, it would be pos8ible to continue this hearing without a new application being made or readvertisement . The :commission could request to see a map showing just one residence on the segregated homesite parcel. Chcatirman Lynch asked what if the applicant would prefer a cor)t;inuance at this; time or would prefer to go ahead with an appeal to the Board of Supervisors. Myles vs Puste'o_ 7. ky sand he would need to confer with his client. Fds,CESS Chairman Lynch said that if the previous motion is rescinded; another motion could be made on the request. ,zt> motion was made by Commissioner Sessions and seconded by Commissioner Ferguson: to rescind the Previous ml `;ion of denial Chairman Lynch said that basicall the motion would be in order to recons der ohd tion Of Motion the Commissioner lambert thought .it might be speedier for the applicant to appeal the denial and take SuperVisorsj it da.rectly to the Board o Myles Ptistejovsky asked, if a motion is made, what would it be? thenchal.tmthe Lynch c oaP that the previous motion could be rescinded and zeconsidered. p lly condition *7 could be 18 BUTTE COUNTY. PLANNING COMMISSION MINUTES - August 26, 1993 Commissioner Nelson s" -id there would be more discussion on the item: Mr. Pustejovsky said he would choose to have the Commission rescind the previous motion and discuss the item further: Commissioner Lambert asked if a one acre parcel can be physically created with the one residence and if two mobiles could be put on the ag parcel with one septic tank serving all three residences? f lir. Pustejovsky said that would require approval from the Health Dept. not to sell the other parcel. There is a concern about 20 ft. between building and property line in the A-20 zoning: That Would be 40 ft. between buildings. it would be possible to create a one acne parcel for just the main residence: Staff said that according to County Counsel, the previous motion does not actu-�lly have to be rescinded: The motion matte by Commissioner Sessions was withdrawn. The second of the motion by Co.nissioner Ferguson was withdrawn. Staff said that the 20 ft, setback requirement would mean moving onp of the mobile homes: The shed is more of a permanent structure and could not be moved as easily. Staff said the applicant could submit a new map and all this could be discussed at the Board: w commissioner Lambert asked if the applicant should appeal the denial of 'his request to the Board of Superv° ors, if these things could be done at*. that level. -another plan ^ould be presented, another map could be presented. Staff said that is correctr but the Planning Commission could modify the conditions without actually having a new map in front of them. The applicant would have the options of either moving the mobile home or requesting a Variance to the 20 ft, setback re quirertent. Staff said j that, one mobile �.s ` on a foundation and one Is not: Commis�e,ie)ner Lambert said that one septic tank serves all 3 residences, Staff said that the Health Dept.= requ'i'rements would have to be met. Commit?sioner Nelson said that the intent behind the ordinance is to separate a parcel. Tt is up bt) tle applicant to work out the requirements : Comm48sioner Ferguson thought the applicant should be given a chan,We to meet the requirementsi, 19 BUTTE COUNTY PLANNING COMMISSION` k MINUTES August 26, 1993 Commissioner Lambert noted that a Use Permit and a Variance being considered. are Myles Pustn'ovsk said that there are y 3 septic tanks on the property although only one is shown for one residence• There is one well on the property, ° Xt was moved by Commissioner Ferguson and seconded by Conuni` Sessions, for approval as follows; ssioner A. Find that the project is not subject to environmental review Under CEQA as per the general rule exemption; and B. Find that the proposed use of the property will not impair the integrity and character of the zone in which the land lies and that the use would not be unreasonably incompatible with or injurious to surrounding health safet g Pr°petty or detrimental to the y and eneral welfare of the persons residing or working in the neighborhood or to the general health, welfare and safety of the County, because thr granting of this use Permit will not affect the ongoing agricultural operations on site and the .recommended conditions F:i11 bring the project into substantial compliance with the ordinance. and; C Grant a Use Permit to allow the segregation of a one to two acre home site and a variance to the 20 acre requirement of ' the homesi,te segregation ordinance on AP 040--020-033 & 028 (Fous�man. ), subject to the following conditionsz 1 Parcels to be created pursuant to Chapter 20 of the Butte d6unty Code -7-ad the State subdivision Map Act. 2. Prior to the divy'sion being effective the owner or Owners of the property included in the a ve development shall execute and cause to be recordedppn the Office of the Recorder of Butte County,' a restriction binding upon the original ownOrs and their heirs successors; and assigns, ,hich disalloa,ts additional dwellings from being located ;s� the agricultural, property or the agricultural segregat,.on parcel 3• The Use Permit and covenant shall be in force for a minimum of is years from the time of recording of th«, ctyvenant and will continue until the applicant a"plies Ecr termination or partial termination thereof. 4,Apl5lio cd deredfor termination or partial termination shall il n the same manner as applications for use permits, pursuant to sections 24-43 through 24-48 of the Butte County Code: The planning co issidn options for action on such application are; 20 BUTTE COUNTY PLANNING COMMISSION MINUTES - August 26 1993 (A) Terminate or partially terminate the covenant and remove conditions from use permit. Applications for termination or partialtermi,nati;�n to be accompanied by the fee set by resolttidia of the board of supervisors to be deposited in the county general fund, no part of which shall be returned to the applicant. (B) Extend the covenant for a period not to exceed ten (10) years (C) Consider the area for a change in designation from Orchard and Field Crops, Grazing and Open Land, or Agricultural -Residential to a non-agricultural designation under the General plan. 5. The use permit, and covenant shall be in force for the agreed-upon time unless t,se General Plan is amended and the property in question is no longer designated agricul- tural. If this should occur, the applicant may apply for termination of the covenant. 6 It shall be the duty of the seller or his agent: to inform any possible buyer or his agent of the existence of the covenant and of j-ts terms. I 7 Remove the two existing mobile home from the homesite parcel or re -design the parcel to leave the two mobiles on the agricultural parcel. If the second option is chosen, the applicants will have to resolve the question of the two mobiles being a mobile home park. 8. Meet the requirements of the Butte County Environmental. Health Department: 9. Applicant must also comply with all other applicable State and local statutes, ordinances and regulations. Staff noted that the Ordinance states that the plan shall 'show all dwellings (plural.) on the map that is submitted tri the Commission: It is npimpne li.cati.on thatbtheeothertdelli ngs,ed on the �ifet�' ptepate tore �There than one, would be on the agricultural parcel. Commissioner Lambert asked if the mobile 1-,ome park issuo has been resolved: Staff said that if two or more Mobiles on the 'same parcel are rented out, it is a mobile home park and comes under the review of Housingand Community Development .tether they are on a foundation dt knot., That issue should be rte► .}$ ved: ,AYE$': Cortimissioners r6tvson Sessions and' Felson 1?OES : Commissioner Lambert and Chaa ratian ;Lynch x=.21 ETITTE COUNTY PLANNING COMMISSION WNUTES - August 26, 1993 A&V NT No one ABSTAINED No one k ChaL:nnan Lynch noted that the Planning Commission will have a joint, meeting with the Board of Supervisors on the General Plan on '7luesday, September 14, 1993, at 11:00 a.m. Staff noted that Larry Mintier will give a presentation cn the status of the General Plan. Workshop regarding CSA #87. Presentation by SteV8 Honeycutt will last approximately 30 minutes. Steven Honeycutt gave a r esentation on the North Chico specific Plan. He said that a Specific Plan is a form of local planning to implement the General Plan that ;involves land use, infrastructure: and finance. The plan originated because the Board of Supervisors -?Zks trying to get a handle on development in the area. CSA 187 had already been formed for the purpose of drainage maintenance. The powers of CSA #87 were expanded to include this planning effort. 11r. Honeycutt noted that the area includes an airport and a major highway. Two major issues are traffic and drainage. There are riparian issues which have been handled by avoidanne. There are issues of schools, pans and trails. Mr. Honeycutt y presented a display of the existing land uses in the Chico Urban Area and those proposed for the 'Speoifit, Plan Area. Mr. Honeycutt noted that Hicks bane is a major north/south route and would soon become obsolete with additional traffic, Garner hang: has benefited . V , ._ from .. , m improvements including a trattic sa.gral at Highway 99 Mr: Honeycutt said that the future direction of the Mead Creek area has already been estab.lishedi although requirements will be beefed up and there is moire comprehensive organiziition.' Mt. Honeycutt discussed the village core area of the plan, which, Would be treated as an urban area with community 'sewer and water., Hicks Road would be re Aligned to be more effective. There would be. layers of land uses moving away from the airport to act as buffers to the central core` with limited -"commercial, park, school nit daycare uses . The idea would be to avoid urban sprawl. traffic and have housing near emplogment. MY'. Honeycutt y PbA 5:,"•w�� out th-a wetland areas Which already exist. There will bp; attempt o col ik)ine drainage ways with pathways and have lo��•-x , :,.,; 22 {<� 1 BUTTE COUNTY PLANNING COMMISSION MINUTES - August 2'6,'1993 lora cost, multiple use drainage methods. The plan includes bike paths. A new road is planned through vacant property as much as p^ssible from near the fire station, past the airport, through the Village care and oa to Eaton Road. There are areas for a school site, fire station and neighborhood park. Mr. Honeycutt said the plan is 11pay as you go" to a large extent. With the plan in place, the land use and policies are already known and the fees are set. Development should move along expeditiously'; The village core area might use a Mello -Rous assessment district. Mr. Honeycutt said that the airport and nearby industrial »ses should benefit each other, The overflight area at ;,ower altitudes has been planned to coincide with 'wetland areas; Mr. Honeycutt said that effort -n are being made to e or -ordinate with the City of Chico regailding. -ach things as the buildout of tie industrial area, the timing and design of the shared infrastructure and the cost. There are two possible alternatives for sewer --one connecting with the City system and one is a wholly new system. Division f Aeronautics. Mr. Honeycutt no the Mr. Honeycutt say d that the schozl site was approved Y .ted that the existing orchard areas are designated for 1 acre residential on the S Plan. There are "affordable!+ pecfc housing areas in the plan, Commissioner Lambert suggested that at some point growth should be handled by buildings planned to go upwards several stories. r. Honeycutt said that a fiscal impactmpact report was done on the plan, which predicts that the plan will pay for itself and also pay additional property taxes; largely due to the inidustrial area and village core area. The net result at buildout should pay a net of $,1.4 million to the County. There should be a positiVe fiscal iMpact to the County and entities such as CAi2D. Mr. Honeycutt said he hopes to see public hearings take place before the end of 19964 earo Hne, pen to the public Vince 'Phelan asked what will be the source of domestic water. CordcAhd California -Water Service swithin the of the village yCutt said it will be he vs.?1age core:. 14r.. Phelan said there might be contaminants airbase. from the former Army Mt i Honeydutt _ said that the areas that will no . be on the Cal Water system (which uses the deep aquifer), are away from the slope Water the gradient and should not intersect any contaminated area. 23 If BUTTE CWNTY PLANNING-'OMMISSION ,MINUTES - August 26, 1.993 the Garner Lane area which is pen drainage ditch problems it C'omml ssioner Nelson asked about the o Plan. one 1�f. the reasons for this specific . Mr. Honeycutt said that the major drainage problem, is that Eeefer Slough and Rock Creek have a huge trbu;;ar• area, C+li,.ch the channels cannot. contain The flow is not caused by develo,menu. but originates upstream.. The plan does what it can with the flow and not add to it. In existingareas - high Still continue to have. puddler.. The The' many smaller t ad will downstream drainage between the highway andlNord an does not address George Kammerer was present representing Jay Garner ,and family, who own approximately 180 acres within the Specific Plan area, that the Garners are basically in agreement with the Plan. He is in favor of the heavyg p He is industr .al deli nation :for the property. The wetland areas will be basically avoided and the natural drain wi�:l be preserved. ages Mr. Honeycutt said that the risk and Wildlife Service jurisdiction over the meadowfoam and the Corps of Engineers have still have jurisdiction over the wetlands. There would be much g rs will More detail on a specific site regarding wetlands. Mr; Kammerer said there is still an area of minor disagreement the north side of the Garner property where the proposed new ad comes through. It should be possible to mi M-2 usuo. tigate the impact 'on those wetland areas and be able to retai.ft that area in the existing End of disdzlssion at this time: x VIII. APPOrNTMENTS AND REPORTS OF SUB -COMMITTEES IX. MISCELLANEOUS 1 biscussi.on and vote on the possibility of revie;a of Tentative Parcel Maps and Subdivision Maps through the Planning Commission. chairman bynch announced that this :item waulu be continued to .Cha t zgenda; September 7, 193, the zr 1.093J94 Road *+d Bridge Project memo. (File 425:01:01)see It was to moved by u Commissioner'Lambert seconded by Commiss'a i: 'ergusoand carried, t:o fand tha ' f.t the 1993J9 load and Brici r� ne Pro ec construction i s iii cohformance with the General Plan. g- 2 . y , BUTTE COUNTY' PLANNING CO MINUTES August 25 MMISStipN , 1993 ASS: Commissioners Lambert, NOES: NFerguson, i 4 , Nei,on and Cr airman Lynch one ABSENT: Commiss,0npr Sessions ABSTAINED; one TX. MISCELLANEOUS Staff n0ted that the Planni.n Co Stringtown Mountain EIR Specific plan which g mmi.ssion has received a co or h�arzng cin Sept�m2p 23py of the r 1993. has been tentatively set, f X. CORRESpOgDENCE XT. ADJOURNMENT There I)ei.ng ,no further busi pness, ,,,.he meed m. ng was adj'oUrned at. 12:00 a ROBERT LYNCH, C Butte Gaunt: RMAN y Pl nnin g Commission L 25 hr ry .r .�. e coon L,NND OF N A T U 9 A L WEALTH AND BEAUTY PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE» OROVILLE, CALIFORNIA 55965-3397 TELEPHONE. (916) 538-7601 Department of Development Services BUTTE COUNTY PLANNING COMMISSION` August 26, 1993 TIME:. 00 a.II: PLACE: Board of Supervisors' Room County Administration Center 25 County Center Drive Orn0le, CA 9065 I, PLEDGE OF ALLEGIANCE, Il. ROLL CALL: III, APPROVAL OF THE MINUTES - August 12, 1993: IV, rr,,NSENT - TEMPORARY MOBILE HOME RENEWALS - Alta R. Linn on AP 031- 253-048 for Robert Linn, Edward Correira ott. AP 072-140-023 for Mabel Correira, V. BUSINESS FROM THE FLOOR ON ITEMS NOT ALREADY ON THE AGENDA (Presentations will be limited to five minutes; The Planning Commission is .ohlb!ted by State Law from taking action on any itempresented if it is not listed on the Agenda) VL PUBL!C HEARING PROCEDURE The Chair will call For: A, Staff Comments B; Open the hearing to the public I. Proponerlts 2• Opponents 3; PrOponents rebuttal' 4, Opponents rebuttal C, Close heaping to the public D, Commission discussion E, Motion i BUTTE COUNTY PLANNING COMMISSION AGENDA August 26, 1993 F. Vote It is requested that presentations be limited to a maximum of 5 minutes Interested parties will have an o es so that all presentation, please print your naean to thCommission. eaet so in record will be accurate, peckers sheet so that the VII. PUBLIC HEARINGS. 9:00 a.m. - Ron White , - (Item determined to be a General Rule Exemption r environmental review) Rezone from TM-1 (Timber Mountain p- fi acre parcels) to remove a conditional zoning agreement on property located on the north side of Wanda Lane at its intersection with Barry Lane, identified as AP 056-280-042, Forest Ranch. (File 93-24) 9:00 a.m. AdeateUntedMefhadistChurch (Item determined to be categoricallyexempt from environmental review),Use_P_ermit to allow the addition of Sunday school class rooms and remodeling of the front entrance of an existing church on Property zoned R-3 (Residential) located on the northwest corner of Cohasset Road and Burnap, identified as 007-290-040, Chico, (TL) (VIDEO) AP 9:00 a•m• - George Domon - proposed Negative Declaration regardingenvironment impacts and n Racrea from A-10 (Agricultural = i0 acre arcels)toA 5 Creek, north of GardeneRoad for and esouth of Chico located on the O ovilleside of Butte identified as AP 040-080-023, 024, 029, 030, 062, 063, and 040-100-01 � Gorham. (File 93-22) (CBS) 9:00 8-h" -Lena Small , ( to be categoricallyekem - Item' determined pt from' environmental review) on Use Permrt to allow a mobile home as a temporary second residence on property zoned. A-5 (Agricultural - 5 acre parcels) east of Flurletown Swedes Flat R located on the north sida of Swedes Flat Road; approximately 3/4 mile as AP 0428-170-023 Bangor. Pad 1751 Swedes Pict Road, identified 9 r, (i-PW)i (VIDEQ) 9:00 a-m. S. Eldon Culi (Item determined to be categorically exempt from environmental review)Use Permit to allow a mobile home as a temporary second dwelling on property zoned A-40 (Agricultural 40 acre parcels located on the north side of Ni , pp,; y ggins Avenue a . roxlttiatel 500 feet east of Meyers Avenue, at i) !-iiggins Avenue, identified as AP 024-140-02!,1` Gridley, (LPW) (VIDEO) 10:15 a.tn, -Alba Houseman - (Item determined to be a General Rule Exemption �' -' pion frohj environmental review) Use Permit to allow the segregation of a honl rom �n an agricultural zone and a Vsite ariance. to the regijlred site area on 2 BUTTE COUNTY PLANNING COMMISSION MINUTES _August 12, 1933 1. PLEDGE OF ALLEGIANCE ' ll, ROLL. CALL:: Present:Commissioners Lambert, Sessions, Ferguson and Chairman Lynch, Absent: Commissioner Nelson Also Present: Paula Leasure, Asst. Planning Director Thomas Lust, Senior Planner Lisa Purvis Wilson, Associate Planner Shane L. Shane, Paradise Planning Comm. Lynn Richardson, Secretary Ill. APPROVAL OF THE MINUTES - ,July 22, 1993 The Commission had the following corrections: Page 3, 5th para. add "to allow the applicant time to understand the staff comments." • Pae 4 5th para, lican#'s Tamil ;"i g p .add "were not members of thea pp family.; para. 6 add "The applicant nor their representative were present."; Page 5, 2nd para. add "Staff was requested to ask that the applicant o representative be present at the August 12th meeting," It was moved by Commissioner Sessions {• .seconded by Commissioner Lambert, and carried to approve the minutes as corrected by the following vote; AYES., Commissioners Lambert, Sessions, and Ferguson NOES; No one ABSENT;: Commissioner Nelson ABSTAINED. Chairman Lynch Neil 'McCabe, Deputy County Counsel, was there to discuss tha Votingrocc�ss, Nell said it was his understanding that the. Commission has a questioegarding the number of votes required to carry an action. He said the policies recently adopted by the COmnlission, contained a provision that the Commission would need three members for an affirmative Vote, 'He said there was a question on what happens in case of a tie 1 BUTTE COUNTY PLANNING COMMISSION MINUTES = Auguist 1993 vote. He said there is a provision 'in the County Code, Section 2-72, states "that a tie vote shall be deemed to fpe a oenial of the relief applied for Chairman Lynch asked if under this section the Commission could postpone the action until they had a full member Commission, He said it is his feeling that a tied vote would be a "no action" vote, -He said a denial would be prejudicial against the applicant, Mr. McCabe said the Commission can postpone the action to a subsequent meeting Where the absent member is present. The absent 'member would need to review the documents previously presented and listen to the tape of the meeting, He said if the Commission took the vote and it was a tie, the Commission would then need a motion for reconsideration and to continue the hearing. Commissioner Lambert sF *d then basically a tied vote is a denial, unless the Commission does something to reconsider the action. Chairman Lynch asked if this policy has been tested in court? Mr. McCabe did not know of .any cases going to court, Chairman Lynch said this policy is prejudicial and could be challenged. He felt this procedure would take away the applicant's rights. He felt a denied decision by a tied vote is the same as a defaulted decision. He said the Commission it boiind by the County Code. He said with a 2 vote there is not a majority vote and ho did not feet there was due process. Mr. McCabe said if the Commission has had a full hearing, an opportunity to present evidence, and so forth, it would not be a denial of due process, Chairman Lynch said just as a 2-1 vote is a "no action" vote, he felt so is a 24 vote: Commissioner FergUton asked if the Commission could change the by-laws back to a majority Vote of the members present? Mr. Mcnabe said yes, the change would have to be put on a future agenda and would have to go back to the Board. He said staff should furnish the Commission with a copy of Code Section 2-72, Chairman Lynch asked the date this code section was adopted? Me., McCabe said 1M, BUTTE COUNTY PL.ANNINOi COMMISSION I IIINl. . - August 12, 1993 Chairman Lynch asked if there were any amendments to State La)w that may be applicable to tars situation? Mr. McCabe said he did not know of any. It was the consensus of the Commission to put an item on the Agencl;A of September 23, 1993 at 10:00 a.m. to discuss t1ae County Code Section 2-72 and th03 Commission's bv-laws; IV CONSENT TEMPORARY MOBILE HOME RENEWALS - Clayton Chandler on AP 042-290-024 for Bill T Chandler; M. Elberta Ringer on g AP 042-050-014 for Doris and Jeff Schell; Chester, Walling on AP 026-0407003 for Kenneth Walling; John Boaz on AP 026-260-025 !or Kenneth Rowland; Harley and Lulu Thomasson on AP 041,048-002 for Victoria Kimble; Emma 'Butcher on AP 022-240-054 for Neal Cain; Warren Ambrose on AP 036-520-031 for Mrs. Ernie ,Ambrose;' Barry Rockwell or. AP 065.206-012 for Glee Rockwell; Stanley and Betty Mayle on AP 072-490-005 for Des Townsend; George and Delores Wiget on AP 021-230-016 for Elizabeth H, W get; Margaret Dietz on AP 040-300-064 for J'ed Leitz Scott and Pam Fales on AP 040`-170-122 ,for Roy Reed, Staff said the files were in order. Commissioner Fergvmn questioned the renewal for Mr. Thomasson riot being for a friend or relative? Staff said this use permit was conditioned to allow for medical staff to occupy the nloblle, It was moved by "Dommissioner Lamlbert, seconded by 061-nmissioner Sessions and unanimously carried for tiipproval of tloj rehewals, V. BUSINESS FROM THE 1t-OOR ON ITEMS INOT' ALREADY ON "rHE AGENDA THE FIresentationt will be limited to five mihutes: The Planning Commission is prohibited by State I-aw from taking action on any item presented ii it is not listed on the A enda Note: Vh PI BLIc HEARING PROCEDURE The Chair will call 'for= A. Staff Comrnehts B, Open the hearing to the public 3 ill . r J - i3.V ! i'.YC. VVlJ1V 1 I [-LJ'11Y1a11`I LI. NVryOq/1V Vlva MINUTES - August 12, 1993 1. Proponents 2. Opponents 3. Proponent8 rebuttal 4. Opponents rebuttal' C, Close hearing to the public D. Commission discussion B. Motion F. Vote It is requested that presentations be limited to a maximumof 5 minutes s( :hat all Interested parties will have an opportunity to address the Commissi, n. Following your presentation, please print your name and address on the speakers sheet so that the record will be accurate, VII'. PUBLIC HEARINGS, Alba Houseman (item determined to be a General Rule Exemption from environrMntal review) tJse Permit to allow the segregation of a homesite in an agricultural zone and a Variance to the required site area on property zoned A- 20 (Agricultural - 20 acre parc,ls) located on the southeast corner of Midway and McFadden Lane at 10 McFadden Lane; identified as AP 040-020-033, 128, Chico. (CBS) (Continued open from July 22, 1993) Carl Leverenz representing Mr. and Mrs. Houseman; staid there are two problems with this property, He said the Houseman's intent is to live on two acres and no longer be involved in farming. He said one problem is the size of the, property which is :r.der twenty acres. He said another problem is the mobile hom , park issue. He said the mobile homes were ,placed on the property by permit and approved by the County. He said under the definition of a mobile home park, if the mobiles ,are put on foundations, they no Ionger meet the definition. He said the very nature of the request is appropriate to approve this project, Chairman Lynch asked the status of Lot 40.02-n35 on the east side of the property? Myles Pustejovsky said parcel 35 is only on paper for tax purposes, He said it is a part of this project: Commissicrier Ferguson said There are, eight other property owners oir:y, McFadden and there iS a potential for trai'fic prcblems at the intersection. Mr. LEverenz said there will be some work done on the road, He said this project does not create any additional utilization of the intersection: Ile discussed the County, project' regarding a bike path. _4 W, , BUTTEICOUNTY PLANNING COMMISSION MINUTES - August 12, 1993 Chairman Lynch said the water source and septic locations were suppose to be put on the site plans and this has not been done. Myles said there is one well Serving the three houses. He said all the houses have separate septic systems. The heating was closed. Staff said there is some question on whether ornot a foundation system truly takes the mobiles out of the category of being a mobile home park: Commissioner Lambert said this request does not meet the intent of the ordnance which is to segregate one single family residence. She said the ordinance never intended to include rentals. She said if this project is approved it will set a precedent. She said the intent of the ordinance is to segregate a house that has been lived in for 19 years or more and separate it from the agriculturalland, She said these owners have not lived in all three houses for ten years: Commissioner Ferguson asked what would be accomplished it the request was denied? Commissioner Lambert said approval would set a precedent for more than one hoarse r be segregated and would allow others to go against the ordinance. Chairman -Lynch said the Commission :can not ask the Housemans_ to remove legally . placed mobiles. Commissioner Lambert said she has no quarrel with the rentals being there. She said she is concerned with segregating a house and two rentals because it is not appropriate according to the ordinance„ Staff said the segregation ordinance was adopted as a special ordinance to help people save their homes and allow them to sell their agricultural land when they we►'e no longer able t0 farms Co-Mrvissioner Ferguson said the County would be better off in V- {s long term is this project is approved: It was moved by Commissioner Ferguson, seconded by Cott, missioher Sessions, for approval as follows; A. Find that 'the project is trot subject to enviror►inental review under CFQA as per the general rule exemption; and - r BUTTE COUNTY PLANNING OOiAMISSION MINUTES - August '12, 1993 B. Find that tho ,proposed use of the property will not impair the integrity and character of the zone in which the land lies and that the use would not be unreasonably incompatible with or injurious to surrounding property or detrimen4�al to the health, safaty, and general welfare of the persons residing of working in the neighborhood or to the general ,health, welfare and safety of the County, I: because the granting of this .u'8e permit will not affect the ongoing agricultural operations on site and the recommended conditions will bring the project into substantial compliance with tl-Q ordinance. and; C. Grant a Use Permit to allow the segregation of a one to two acre home site and a variance to the 20 acre requirernent of the homesite segregation ordinance on AP 040-020-033 & 028 tHousbmaro, subject to the following conditions; 1: Parcels to be created pursuant to Chapter 20 of the Butte County Code and the State Subdivision Map Act'. 2, Prior to the division being effective, the owner or owners of the property ,included in the approved development shall execute and cause to be recorded in the office of the Recorder of Butte County, a restriction binding upon the original owners and their hews, successoi�s, :and assigns, which disallows additional dwellings from . teing located on the agri ultural property or the agricu4,ural segregation parcel. 3,: The Use Permit and covenant small be in `foree for a minimum of 10 years from the time of rocording of the -covenant and will continue until the applicant applies for termination or partial termination thereof, 4. Applications for termination or partial termination sr�ll be considered in the same manner as applications for use permits, pursuant to so -+ions 2-4- 43 through 2.4-48 of the Butte County Code. The Planning Co►Ya ,fission options for action on such application are: (A) Terminate or partially terminate the covenant and ►'emove condi- tions from use permit; Applications for tarminatmn or partial termination to be accompanied by the fee set by retolution of the Board of Supervisors to be deposited in the County general fund, no pact of which shall be returned to the applicant, (8) Extend the covenant for a period not to exceeU ten (10) years, (C) Consider the area for a change in designation from Orchard and Field Crops, Grazing snd Open Land, oC Ag,*I,�ulturai-Aesidential to a nor, -agricultural designation urder the General Plan, BUTTE COUNTY PLANNING COMMISSION MINUTES - August 12s 199 5. The use permit and covenant shall be in force for the agreFd-upon time unless the General Plan is amended and the property in question is no longer designated agricultural. If this should occur, the applicant may apply for termination of the covenant, 6. it shall be the rduct,, of the seller or his agent to inform any possible buyer or his agent of the existence of the covenant and of its terms, 7. Meet the requirements of the Butte County Environmental Health Department. 8 Applicant must also comply with all other applicable State and local statutes, ordinances and regulations, 9. All mobil(a homes shall comply with State laws. AYES Commissioners Session and FergMloi NOES.,Commissioner Lambert and Chairman Lynch ABSENT, CommissionerNelson ABSTAINED: No one A tie vote 129 deemed-? denial of the relief requested. It was moved by Commissioner Sessions, saconded by Commissioner Ferguson, and unanimously carried to re -open this nearing and continue it to August 26, 1993 at 1015 a.m: so there wiIl be - full Commission to vote on this project, Butte County Board of Supervlso - (Item not subject to environmental review] ,,an on Park Estates li - 'application to rescind scin d a Speclfic Plan on property 4oned , U (Unclassified) located east of l �ighhway , 2, at Humboldt Road Intersection, identified as AP 063-300-0171 1541 , 158, and 911-040.004 and 023, 5 miles east of Chico, (File 93-21) crL) Staff said the specifio plan WaSt approved In 1982, Staff said the subdivision was approved 'for this property and subsequently went to court and was defeated, The specific plan should have also been elimin0ed and Was Imdur l•teritly omitted, Staff Saki this is a 010anup action as a result of the law suit.. The hearing was opened fo the public. 7 1 BUTTE COUNTY PLANNING COMMISSION MINUTES - August 12, 199 There was no one present wishing to speak on this issue. - The hearing was closed: It was moved by Commissioner Lambert, seconded by Chairman i,.ynch, and unanimously tarried as follows: A. Find that the requested section is not considered a project under CFQA and B. Adopt Resolution 93-7 recommending the Board of Supemisors adopt a Resolution rescinding the Canyon Park Estates li Specific Plan on AP 06r`-3C0'" 017, 154, 156, 157, 158 and 011-040=004, 021 (Board of Supervisors). Butte. Broadcasting Co. Inc. - proposed Negative. Declaration regarding environmental 'impacts and Use Parmit fol* the expansion of a pre-existing use to allow a second Broadcast Tower on property zoned FR-20 (Foothill. Recreational - 20 acre parcels) located appy Wrhately 1000 feet south of the Skyway at 4842 Media Way, identified as AP 040-520-045, Paradise. (LP) (VIDEO) shown. Staff gave a brief summary of the project recommending A video o the site was. The Commission waived the reading of the Staff Findings. _ p i mending approval.. The hearing was opened to the public, Roil Warkeh in, Butte Broadcasting Co, representa -: , said this tower is shorter than the one already on the property. " He said this is - light weight tourer and not meant I to be a utility towel'. 1.1e said this will be a phasing tower n Commissioner Lambert questioned where the tower would land if it fell? Mr. Warkentin said it would fall on their own land. Commissioner >essions asked the purpose of the >econd tower? Mr," Warkehtin said it would be used as an electronic way ofaiming fhe signal, Commissioner Sessions a ►ked if this tower Will cause problems for other stations? Mr, ;I rkentin said the tower should not cause ahy problems as it is only a 500 'watt tower. he said the tower is Controlled ctnd regulated by the FCC, 3 �l II t., ....,... ..i :... i'_ .... .. _.. ..._ ii BUTTE COUNTY PLANNING COMMISSION IVIMUTES - August 12, 1993 The hearing was closed: It was moved by Commissioner Ferguson, seconded by Chairman Lynch, and unanimously carried for approval as follows: A. Find that the requirements of CEQA have been completed and considered and adopt a Negative Declaration; and B. Find that the proposed Use Permit, as considered, ;meets the standards Identified in Chapter 24 of the Butte County Code, C. Find that the proposed use of the property will not itrnpair the integrity and character of the zone in which the land lies and that the use would not be unreasonably incompatible with, or Injurious to surrounding properties, or in the neighborhood or to the ";,ieneral health, welfare and safety of a working detrimental to the health and r eneral welfare, of the persons re safety of the County, because the site is already impacted by another tower; and D. Aprrove the Use Permit to allow a 130' communications tower on AP# 040-520- 045 (Butte Broadcasting Co., Inc.) subject to the 'following conditions: t Applicant must also comply with all other applicable State and Local I{lip statutes, ordinances andregulatio, is, 2:' Minor changes may be 'approved administratively by the Director of Development Services upon receipt of a substantiated written request by the applicant. Prier to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, foes paid and eovironmer tal determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. Franklin Construction IM,',', - proposed Negative_ Declaration with mitigation measures regarding environmental impacts and Mining and Cie Ia'Mation.Plan on property zoned "U'" (Unclassified) located west of Clark Road, approximately 1, miles, north of Highway 70, identified as AP 041-190`-004, 010, 019, 0�4, Oroville. (TL) (VIDEO) The Commission waived the reading of ti , Staff` Findings. A video of the site was shownStaff gave a brief summary of the project. Staff Said this is a re(luest for an extension of an operation that has been. in business for 30 years, Commissioner Lambert asked if this was the same operation that is along Highwiay 149. 9 r BUTTE COUNtY AANNING COMMISSION MINUTES -August 12, 1993 Staff said this project abuts that project site, but is further upstream and not seen from the road. Commissioner Lambert said there is some differences between the soil depth to be mined and the number )f acres, listed in this report. Staff said the maxi num depth is 7 feet, Staff said the clay is 5-7 feet deep where the sand is only 3-4 ft. deep. Chairman Lynch questioned Condition #1 not being specific in the number of feet to be paved? Staff said Public Works rwas not specific in their comments, Commissioner Ferguson said the request by CalTrans for improvements to the intersection were not listed in the conditions, Staff said some of $he road approach will take care of the problem. Staff said there were no c(oncerns voiced by CalTrans. The hearing was opened to the public. John Franklin said he will pave Vie road back to the scale house: CommissionerLambertasked about the difference soil depths. Mr. Frankiii) said tha depth varies between clay and sand, Staff said there is no specific life of the mining perint, batt it is estimated` to be 2-10 years. Mr, Frariklin said there is not enough Material to last over 6-1.0 years Staff said they are not, regUesting a time line, Staff said theaiicar,t has been doing r a good job of reclaiming "the land as soon as they are done with it. The hearing was closed Chairinan Lynch said he did hot have aroblem . p with this request Staff said Mr. Franklin is required to do the reclamation work as soon as they are done With a section. Chairman Lynch said the portion of road to be paved will he decided by Public Works.: 1,0 r BUTTE COUNTY PLANNING C��'VIMISSION MINUTES - August 12, 1993 Commissioner Ferguson asked the applicant if he would have a condition being for 100 feet of pavement? problem with the Mr. Franklin said yes he would: He said the pavement need guard and fence which is approximately 45-65 feet: S to stop at the cattle Chairman Lynch suggested leaving the condition the way it is, Commissioner IFerguson suggested adding to condition 11 "per CalTrans requirements." t vans Sjed a r. Commissioner Sessions, seconded by Com Y carried for approval as follows; missioner Lambert, and MOTION; ACCEPT THE RECOMMENDATIONS OF STAFF MEIMO DATED 19193; MAKE THE FINDINGS LISTED UNDER A 6 NJULY 1? " h ", "C"; AND"D"!,AND MOVE AS LISTED UNDER E INCLUDING THE CONDITIONS NUMBER . 1 THROUGH 12: A. Find that: 1. An Initial Study was completed in compliance with CEQA. 2. Said Study and comments received thereon identifiedoentiall environmental effects that the project may have had but: v significant a, Revisions in the project plans by thor proposals made by ora reed # r e applicant would avoid such effects or mitigate such effects to a point where clearly no significant environ'nental effects would occur, and b. -There is no substantial evidence before the County that the project as revised may have a significant effect on the environment, 3 A proposed Negative Declaration with mitigation measures has beef completed in comaliance with CEQA and is approved and adopted, B. Find that said Negative Declaration with mitigation measures 'together with ' commehts received during the public review process have been reviewed ahS` considered; and and C. Find that the proposed project will not impair the integrity' gone in which the land lies and that the use Would ot beand un easo f the incompatible with, or injurious to surrounding nabiy health and g properties or detrimental to the general Yveffaie of the persons residing or working in the neighborhood y, and `g orhood or to the general health, welfare and safety of the County,' a . . 11 ale' r, l3U'► 'E COUNTY PLANNING COMMISSION MINUTES - Auqust 12, 1993 D. Find that the project complies with the Surface Mining and Reclamation Act (SMARA) of 1975 and California Surface Mining and Reclamation Policies and Procedures (1983); and E. Approve the proposed Mining Permit and Reclamation Plan on AP 041.190-004, 010, 019, 030, 'Franklin Construction, Inc,) subject to the following conditions and Mitigation measures (m); 1, Prior to the beginning of operations for any phage of mining, the applicant shall obtain emissions and dust control permits from the Air Pollution Control District; - 2. Should any historic or prehistoric sites, features, artifacts, or human skeletal remains be discovered during the ,mining operations, activity shall cease until a qualified professional archaeologist has been consulted to assess the archaeological or historic significance. (m) 3. The Sycamore tree near pit #5 and Valley OaK treexa n cor the other pits shall be protected from mining activitles This shall include a no «a disturbance marking car barriers at r� distance of thR+ ^ ' , �„gyp line (Outer 4. All stockpiled p p vexed or planted with seed and periodically sled to soil shat( be co' watered so as to revent erosioh, 5. The applicant shall fully comply n+itl-, the a proved reclamation plan. 6. arc i ties perior to gEnv inning Health etat Istanda d applicant shall provide toilet s. 7. Prior to the commencement of any mining operation, a $25,000 performance bond or other permitted financial assurance, made payable to ounty and the State Geologist, shall be submitted to the Director of Public Works per Section 13-106 of the Butte CounCo assurances shall b de. Said financial a reviewed biannually and m y b6 increased or decreased in accordance e wit h the Engineering News Record .... Construction Cost Indek ( CI), The financial assurance may be reduced at the discretion of the Public Works Director, 8.; Prior to mining of Pit 46, the applicant shall obtain appropriate permits from the Department of Fish and Game or obtain a letter from this agency Indicating that a permit is not hecessary,- The permit or letter shall be provided to the County Planning Division, 9. Prior 'to beginning mining operations for any pit, tho 9>�arior boundaries of each pit shall be clearly identified 12 BUTTE COUNTY PLANNING COMMISSION MINUTES - August 12, 1993 10, Any construction materials, equipment, tires, and other mining related items that are broken, in disrepair, and riot to be used in the future shall be promptly removed from the property, 11, Pave a ►ri.`;: ..,,n of 50 to 100 feet on the road approach to Ciark Road per CalTrans requirements, 1.2. Applicant must also comply with all other applicable 51ate and local statutes, ordinances, and regulations. John Stroble - (Item determined to be categorically exempt from environmental review) ,A&,Meaj of an tAdministratiye Permit that was approved by De-partment of Development Services on July 16 1993, to allow a senior cltiz�:�'s dwelling no larger thsr .,Z5 r) s;uare feet for 1 or 2 persons age 62 years or o!dbr, r. pfoperty arced "I`iVi-1 (Timber Mountain • 1 acre parcels) located on il,ie south side of Nopel Drive, southeast of State Highway 32at 15453 Nope) Drive, identified as AP 063-0110-041. Forest Ranch. (LFW) (VIDEO) The Co.rnrnQ,,, ,,,o waived iho reading of the Staff Findinrjs. A video of the site was sal?o'sk1i. staff gave a brief summary of elle project. Staff said this administrative permit mee,s the requirements .or said pEirmit and staff recommends approval. Sniff said the applicant will be the one living in the mobile in the rear yard. Commissioner Lambert said the p;rovlsion for senior citizen housing is something the Commission may allow# but does not have to allow, She asked if this request can be, denied? Staff said 'yes, this iS a dlSCretlonaly permit and can be denied. Staff said Mince the raquest meets all the requirements of the ordinance, -the Commission would have to have P. strong reason to deny. Commissioner Ferguson asked about the sewer concOrns expressed in the letters? ,Staff .said the Environmental Health Departrvent has no concerns or requirements for this project. Commissioner Ferguson asked if this dwelling would bia permanent? Staff said yes. Chairman Lynch noted that the mobile, if approved, 'would' have to moot HUt? standards. 13 IVIIIIIv I C;cJ - P%UUUa& 41�1 The hearing was opened to the public. Mary Arnold sale her parents (the Strobles) lived next door to them. She said six years' ago she and her husband had to move, She said her parents are now living in an apartment and she wants them on her property with her. John Stroble said the County has approved fifty administrative permits for senior citizen dwellings. He said this addition will not be seen from the road and only from one neighbor, He said this addition will not adversely affect property values. Fie said there are already mobile homes one block from this site on Heidi. He said he would not change the neighborhood,, He said there was no septic problems in the area and the water table wnuld not be affected. He said his wife and him are missionaries and are gone 6 monthc- out of the year. He said two homes on this lot would only take up 8% of the land. He said his daughter and son-in-law are also missionaries and are gone three months of the year. He said there is a need for this permit, Todd Perkins, property owner, said the cleared arra in the video was not the location of the proposed mobile home. He said the Strobles have gone through the procedures and met the requirements of the County. He said this hcme will not be an eyesore. Bob Wallen submitted maps and pictures to the Cormijission. He said he Was concerned that with this State mandate the County was loosing control of land use issues. He named several developments that have been approved in the area and asked if these developments were going to be allowed to have senior citizen dwellings as well? Ho said the problem is zoning and density. He said granting this request would set a precedent. He did not feel there was the infrastructure in the area to support second dwellings: He said availability of water in this area is a problem. He said if this permit is approved, It could lead to over population in the area, Commissioner Ferguson asked "Mr. Wallen if his neighbors and him would feel better if this was a temporary unit? Mr Wallen said they would still object to the project whether it was temporary or not. He said they were thinking of the impacts in the future. Staff said code section 2464OG allows the Commission to snt a time limit on an Administrative Permit. Chairman Lynch said it is difficult with a permanent dwelling. Ellen Harter said their house looks into the back yard of this site; She said she was also concerned with the density of the area. She sAid the zoning is for one dwelling only and they want to keep it that way. She said this project goes against the 'intent ,of the zoning, She said Nobel is a graveled road, She said this request is in conoid' with the ne+ ,,,hborhood. John Stroble said this law has been provided and in some cases is very necessary, i4 BUTTE COUNTY PLANNINO COMMISSION MINUTES August 12, 1993 Commissioner Ferguson asked Mr. 'Stroble how he would feel about the use being temporary? Mr. Stroble said it would be alright with them. He said this mobile will not be a rental. Staff said section 24-40G allows for the permitto be limited to a specified term. Chairman Lynch asked if the permit can be limited to only the present ;,wners and staff said yes, Mr. Stroble said he feels the State mandate overrides the concerns of the neighbors. He said they have met all the requirements of the law: He saa people need to be told ahead that their permit could be denied, He said he has invested a lot of money in this project, I Ms. Harter said the neighbors do not want another dwellingin the neighborhood g hood , whether it is temporary or permanent. She said that even if the mobile is eventually removed the land would be scarred. Mr. U';'-,Ilen said this process is only 6 months old, He said this process creates a lot split. r Mr. Stroble said the hedge will be maintained to shield the neighbors. Sandy Santos said the simple solution to the problem is to add on to the existing dwelling for the parents. Mr. Stroble said they can -not afford to add onto the existing dwelling. He said even if they could, the only level place to add on would beoverthe leachfields, Ms. Arnold said the age of the occupants, parking, zoning, water, septic, were all approved. She said if this permit is denied she felt she would be loosing her rights, The hearing Was closed. Chairman Lynch said this use is clearly Statg marldated, Staff said the State requires that the implement the 62-12o0 (24-40) provisions subject to meeting regUirements of Eri�Aronmental Health, Planking, and Public Works, Chairman Lynch asked 'who has tht burden of proof when it comes to approval or denial; Staff said `the proponents of the appeal; 15 BUTTE COUNTY PLANNING COMMISSION MINUTES - Augusi 12, 1993, Commissioner Lambert said Forest Ranch has had problems with water in the past. She said the residents of the area have worked hard to maintain the zoning. She said a temporary use would be more acceptable. Chairman Lynch discussed requiring there be a deed restriction if this is ,approved for a temporary use. Staff said the Commission can request a bond to cover removal of the mobile home when the time comes: - It was unanimously carriedo Commissioner theambert, seconded by Commissioner Ferguson, and y appeal and approve the Administrative Permit as follows: A. f=ind that the project is Categorically Exempt from Environmental Review; and 8 Find that the Administrative Use Permit, as considered, meets the standards identified in Chapter 24 of the Butte County Code; and C. Find that the proposed use of the property will not impair the integrity and character of the zone in which the landles and that the use would not be unreasonably incompatible with, or injurious to surrounding properties or detrimental to the health and general welfare of the persons residing or working in theL neighborhood or to the general health, welfare and safety to the County; and 0, Approve the Administrative Use Permit to allow a senior citizen dwelling unit no larger than 1200 square feet for one or two persons age 62 years or older on AP 063-090-047 (John V. Stroble) subject to the following conditions;' 1. The "living area", meaning the interior habitable floor space area of 'a dwelling unit 'including basements and attics, but not including a garage or any 'accessory structure, shall hot exceed 1,200 square feet, 2, The senior citizen dwelling Unit is intended for the sole occupancy okt one (1) adult 62 years of age or over or two (2) adult persons, one of v4lom is 62 years of age or over. An affidavit of complianc,s with -the Age requirements of this section shall be recorded in the office of the Rs, -order L rior to issuance of building permits. Said affidavit shall include the legal description of the lot or parcel and shall constitute a covenant running with the land, binding upon the original owners and their ,Wrs, successors and assigns, limiting the occupancy of the senior oitizir'h dwelling unit to the conditions described In this section, 3. The senior citizen dwelling unit shall not be gold as a separate unit unless .a parcel containing the unit is created in compliance with the existing 16 BUTTE COUNTYPLANNING COMMISSION MINUTES - August 12, 1,993 zoning and subdivision ordinances and the resulting density is in conformance with the General Plan. , 4. Two off-street parking _spaces shall be provided for the senior, citizen dwelling unit in -addition to the parking spaces required for the primary dwelling unit. 5. Adequate sewer and water facilities shall be provided subject to the approval of the Environmental Health Department, 6, All site development standards as required by the zoning district in which the unit is Heated shall be met. 7. The Senior Citizen Dwelling 'unit shall be a conventionally constrOcted building or a mobile home that complies with the National Manufactured Housing Construction and Safety Standards Act of 1974, except that in the "A", "FR", and "TM" series of zones a mobile home, as defined in Section 24-21,28, may be used. Travel trailers and recreational vehicles shall not be allowed as a Senior Citizen Dwelling unit, 8. Maintain at least a 12 ft, wide access to the rear of the property for fire Protection purposes, 9. The approval of this permit cohstitutes approval only to the extent that the project complies with the Butte CountyCode and all other applicable regulations, 10, The requirements of all concerned governmental agencies haling jurisdiction by law, including but not limited to the Issuance of a pp.. ro riote permits, shall' be met, p 11, Minor changes may be approved administratively by the Director of .Development Services upon receipt of a substantlated written request by the applicant. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and enVirohmental-determinatioh as 'conditionally approved. Changes deemed �o be `major or significant Ur`i nature shall require ;a formal application for Gimendment. 12': Occupancy of the mobile home is limited to Mr. and Mrs, John Stroble, 13 Applthbicant li nt s�t opf y a deposit or post a bond to cover the cost of removal $1,500.00 fora singly wide and $2,000,00 for a double- wide prior to issuance of Administrative Permit, 14. This p „ ermit shall be for a term of, 5 years with an annual renewal thereafter. 117 ,I /I BUTTE COUNTY PLANNING COMMIS MINUTES - August 12; 1993.SION Chairman LY -rich noted that this decision can be appealed to the Board of Supervisors. Vill. APPOINTMENTS AND REPORTS OF SUB -COMMITTEES IX: MISCELLANEOUS Commissioner Lambert asked that the "Aunt Minnie" procedure be placed on a future agenda to decide whether or rot to make the process into an Administrative Permit process. Chairman Lynch also requested that the Administrative Permit process be put on a. future agenda, X. CORRESPONDENCE Xi. ADJOURNMENT There being no further business, the meeiing was adjourned at 11:55 p.m. ROBERT LYNCH, CHAIRMAN s Butte COU tty Planning Commission tav+pb0MtAOWMIAW653 f I 18 rs , q - n, co, un LAND OF NATURAL WEALTH AND RFAUTY PLANNING DEPARTMENT 7 COUNTY CENTER [)RIVE - OROVILLE, CALIFORNIA 05965-3397 TELEPHONE; (916) 538-7401 Departi,hent of DevelopmentServices BUTTE COUNTY PLANNING COMMISSION August 12, 1903 TIME; 9:00 a.m._ Board of Supervisors" 'Room PLACE: County Administration Center 25 County Center 'Drive Oroville, CA 95965 I, PLEDGE OF ALLEGIANCE 11, ROLL CALL III, APPROVAL OF THE MINUTES - July 22, 1993, IV CONSENT - TEMPORARY MOBILE HOME RENEWALS - Clayton Chandler on AP 042-290-024 for Bill T. Chandler; M. Elberta Ringer on AP 042-050-014 for Doris and Jeff Schell; Chester Walling on AP 026-040-0103 for Kenneth Walling; John Boaz on AP 026-260-025 for Kenneth Rowland; Harley and Lulu Thomasson on AFS 041-048-002 for Victoria Kimble; Emma Butcher on AP 022-240-054 for Neal Cain,' Warren Ambrose on AP 036-520-031 for Mrs, Errie Ambrose; Barry Rockwell on AP 065=206-012 for Glee Rockwell; Stanley and Be r �! Mlayle on AP 072-490-005 for Dee Townsend, George and Delores Wiget on A;7 021-230-016 for Elizabeth H. Wiget; Margaret Dietz on AP 040-300-064 for Ted Leitz; Scott and Pam Fales on AP 040-170-122 for Roy Reed, V,BUaICJESS FROM THE FLOOR ON ITEMS NOT ALREADY ON THE A GEN (Presentations Will be limited to five minutes, The Planning Commis onDis On prohibited by State Law from taking action on any item presented if it not listed VL PUBLIC HEARING PROCEDURE The Chair Will call for: A, Staff Comments i -1 4 BUTTE COUNTY PLANNING COMMISSION f AGENDA - August 12, 1993 B, Open the hearing to the public 1. Proponents 2, Opponents 3. Proponsnts rebuttal 4. Opponents rebuttal C- Close hearing to the public D. Commission discussion E, Motion F. Vote It is requested that .presentations be limited. to a interested pahigs will have an opportunityto maximum of 5 minutes so that all presentation, please print your name and address on the speakers address the Commission. Following record will be accurate. g Your p akers sheet so that the VII, PUBLIC HEARINGS; 900 ara. Alba Houseinah - (item determined to be a Gene; kl Rule Exemption environmental review) Use Permit to allow the se r in an agricultural zone and Variance t from pro e segreg ation of a hornesite p rty zoned A-20 ----- o the r�itulred site area on (Agrcultura► _ 20 acre par,;.:0js) located on 'the of , identified tas qp 0of Midway and MdFaddei� l^art ; 0 020-033, 128, Chiz o, (t~'0S) (Cohtinuedopen froril 9:00 a, m+ Butte Couh Board of Su ervisors - review) Can F? rk tates ►I f a (Item not subject to ehvironmental propEity zoned "Uh (Unclassifetl) located east of icatioll to escind a Specific Plan on Road intersection identified as AP o63-300-017 011-040-004 and 023, miles ea 154) ay 32, at Humboldt 154, 7561`157, 158, and:. 9�Ota a,m. �. K � - east of Chico, (File 9341) (TL) �Broadcastin Co lric, - u,iviron ental impacts proposed Negative beclaration regarding Use to allow a second Broacicas~t r expansion of, a pre-existing Recreational nd Use Per Tower fon the ex ans p stin al � � a9 the Skyway 20 acre parcels) located a p `e°nad FR-?0 (Foothill yway at 4842 Msclia Wa pprox'�hately 1000 feet south of'. (LP) (VIDEO) y, idhtified as A; 040-520 , .. ° X45, Paradise, 9,•00 a.me Franklin Construction Inc, , measures regarding environmental impacts� —: Proposed Ne ative t)eclaration with mitigation:. Plan on roe Uwnd .�. mm ar,d pecla natioh p p ►ty zoned (Unclass way located West of Clark R-0- 004 ap►jroxir1ately i,5 miles, north of Highway , 010, 019, 030, OroVille, g 'l0; identif ed as. AP 041 �19q CTS) (VIDEO) 2 BUTTE COUNTY PLANNING; COMMISSION; MINUTES - July 22, 1993 1, PLEDGE OF ,ALLEGIANCE 11. ROLL CALL: Present: Commissioners Lambert, Nelson, Sessions, and Ferguson. Absent: Chairman Lynch, Also Present; Paula Leasure, Assistant Planning Director Lisa Purvis Wilson, Assistant Planner Craig Sanders, Associate Planner Nick Ellena, Chico Enterprise Rec. Shane L Shane, Paradise Comm. Lynn Richardson, Secretary Commist loner Nelson was absent at this time: IIL APPROVAL OF THE MINUTES July 8, 1993 It was moved by Commissioner Ferguson, seconded by Commissioner Sessions, and carried to approve the minutes as submitted as follows: AYES: Commissioners Ferguson, Sessions and Vice -Chairman Lambert NOES: No one ABSENT;Commissioner Nelson and Chairman Lynch ABSTAINED: No One IV. ABANDONMENT - John A. Babcock Abandonment of a portion of Chico Canyon Road right -of -Way from Centennial Avenue westerly, identified as AP 011 020-048, Chico; 1 BUTTE COUNTY PLANNING COMMISSION MINUTES - July 22, 1993 Staff said the right-of-way is 70 feet wide. Staff said the portion-beproposed to abandoned is not needed for road purposes, but a 20 it. easement needs to rbe maintained for public utilities.. The hearing was opened to the public. John Babcock asked if this abandonment is granted will he be allowed to move his fence out by 10 feet? Staff said yes. Commissioner Ferguson asked where the 10 ft: strip was in relation to the 20 #t, strip that is proposed to be kept for public 'utility easement purposes? Staff said the 10 ft. strip can not become a building area whereas the 20 ft. PUE strip, can allow structures such as a fence, but is also an easement for public utilities. If they have to repair any utility equipment the utility company may enter on this piece of property. The hearing was closed. It was moved by Commissioner Sessions, seconded by Commissioner Ferguson; and unanimously carried for approval as follows: A: The Planning Commission finds the abandonment in conformity with the General Plan and zoning and recommends approval of this request to the Board of Supervisors subject to the following condition: 1. Reserve a 20foot 'wide public utility easement, 10 ft, on either side' of the existing .utility pole Ine, . V BUSINESS FROM THE FLOOR ON ITEMS NOT ALREADY ON THE AGENDA (Presentations will be limited to five minutes, The Planning Commission is prohibited by State Law from taking action on any item presented if it is not listed on the A, ends None; VI, PUBLIC HEARING PROCEDURE The Chair will call for A. Staff Comments B. Open the hearing to the public A BUTTE COUNTY PLANNING COMMISSION MINUTES July 22; 1993 1, Proponents 2. Opponents 3, Proponents rebuttal 4. Opponents rebuttal C, Close hearing to the public D Commission discussion E. Motion F Vote Is requested that presentations be limited to a maximum interested parties will have an opportunity to address the Comm' our presentation, please print your name and ,a m of 5 minutes Following that all record will be accurate. ddress on the speakers sheet so that the Commissioner Nelson was present at this time, Vil, PUBLIC HEARINGS: Alba Houseman - (Item determined to be a environmental cultural zone and Use Permit o allow the segregationGeneral Rulr� Exemption from Gene a a Var nce to the required :site areon f property zoned in an 20 (Agricultural - 20 acre parcels) located on the southeast corner of Mid McFadden Lane at 10 McFadden Lane, identified as AP p p zoned A CBS way and ) 040-020-033, 128; Chico, to allow ha apica applicant ts requested Vice-Chairman Lambert notes that the applicant/NorthStar has • ime to understand staff's comments: a continuance The Commission waived the reading of the StaffFindings,. A video of shown, Staff gave a brief summary of the project, Staff said this the site was the fact that it has three dwellings on the property proposed to be p t tis usque in his roles of these dwellings are rentals. Segregated and two Commissioner Nelson said the proposal does not meet the Segregation Ordinance and there is no hardship to grant the variance, ihtent or criteria of the Staff said this pnostly correct, but they need to raise t parcel left' is a ricUlturall Viable, . Staff said they mi ' � he question of whether 'the:. t� state a mirir►,uitm ricultural size to lady , `rght want to look at the ordinance g 0 e in ,agricultural production, Vice -Chairman Lambert+ noted that the Ordinance excludes Parcels 111 an agricultural zone from allowing segregation, She ask p cels of 5 acres or smaller Parcel numbers; ed about there being twor 3 Y BUTTE COUNTY PLANNING COMMISSION MINUTES - July 22, 1993 Staff said the parcels were created by the Assessor's office for tax code purposes. Staff said that one way the Commission might justify approving this is to segregate 1 acre instead of two leaving 17 acres in agricultural production instead of the required 18 acres. Staff also stated that parcel 129 was not a part of this request. Commissioner Ferguson asked if the people have lived at this address for 10 years? He ,asked if the dwellings meet the setback requirements? Staff said yes they have lived there over 10 years. Staff said there could be a setback. problem with the mobiles and there would be a problem with the house if it was segregated off separately. Commissioner Ferguson as who the mobile homes were rented, to and if there has been any complaints? Staff said they have not received any complaints and there is no indication in the file as to who the mobiles are rented to were not members of the applicant's family. The Nearing was opened to the public. The applicant nor his representative was present, Bob Hartman said he was opposed to more traffic on McFadden Lane. He said he was concerned with what would happen on the 16 acres being segregated. He said he would like to see another access road to the 16 acres along the proposed bike path area. The hearing was confined to the Commission for cohiments and to decide whether or not to grant the request for a continuance. Commissioner Sessions said the Commission has set a precedent in the past to allow a continuance with a reasonable request: vice Chairman Lambert said she was concerned about the ordinance only allowing for one dwelling to be segregated. Staff said they would need assurances that the mobile homes,: if segregated with the home, did not constitute a mobile home park .Neil 'McCabe, deputy County: Counsel, said the ordinance is not 'totally clear, He said the ordinance talks about one dwelling in part of it and two dwellings in other parts, He said in the case of the project before the Commission today, the 'uses would_ not change whether the dwellings were segregated or not, He was in favor of granting the continuance. He said he would like to give the applicant the opportunity to be present, BUTTE COUNTY PLANNING COMMISSION MINUTES - July 22 c993 CommissionerFerri+;son asked what would happen if this project was denied? Mr. McCabe said that nothing existing on the property would change. He said the question was whether or not to allow an agricultural homesite segregation. It was moved by Commissioner Sessions, seconded by Commissioner Ferguson, and unanimously carried to continue this hearing opened to August 12, 1993 at 9:00 a.m. Staff was requested to contact the applicant or representative to be present at the August `12th hic3eting. Gre otyr and _B_eyerly Rogers - (Item determined to be categorically exempt from environmental review) Qse Permit to allow a second dwelling on property zoned TM -2 (Timber Mountain - 2 acre parcels) located on the west side of Cohasset Road, approximately 900 feet north of Laughing Fox Lane, at 9787 Cohasset Road, identified as AP 056-120-122, Chico, (CBS) The Commission waived the reading of the Staff Findings. A video of the site wds shown. Staff gave a brief' summary of the project, Commissioner Nelson asked if the appiicarit has pro%,i! , -` cof of adequate water Staff said Comm .a'Misr Ferguson asked if the P' is outs. � setback requiremonts? Staff said S. The hearing was opened to the public, Gregory Rogers said he has a new well that is 120 feet deep at 30 gallons per minute. He said they will be using the existing septic system. He said he does not want to remove any trees if he doesn't have to. The hearing was closed, ,It was, moved by Commissioner 'Nei, on, seconded by COMMissioner 8esslons lid unanimously carried for approval as follows: A. f=ind that the project is categorically eXOMpt from review under the California Environmental Quality Act; and B. Find that the proposed use of the property will not impair the integOty and char-ncter of the torte in which the lana lies and W., the use would not be unreasohably incompatible with or Injurious to surrWhrjing property or ietrimental to the health, safety, and general welfare of the persons residing ot`vYn`icing in_ 5 81UTTE COUNTY PLANNING COMMISSION MINUTES - duly 22, 1993 w the neighborhood or to the general health, welfare and safety of the County, s because the proposed development is of similar use and density as the neighboring parcels; and C.: Grant a Use hermit to allow z second dwelling on Ali' `;8-120-022 (Gregory Rogers) subject to the following conditions; 1. Meet the requirements of PRC 42:0 rl.garding dire safety as administered by the California Departmont of Forestry. 2. Pay $200 into the Battalion 2 water tender fund: 3. All new structures shall be located at least 30' from; ar,' property line, 4, Provide verification that adequate quantities of potable water can be provided prior to issuance of building permit. Provide water supply which meets 'Environmental Health requirements. 5. Provide Sewage disposal facilities which meet Environmental Health requirements. 6. Destroy the inactive, dug; ,►vel on the property by permit procedure, or verify compliance with Chapter 23B of the 'Butte County Code, 7. Minor changes may be approved administratively by the Director of Development Services upon foceipt of a substantiated written request by the applicant. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant iri nature shall require, a formal application for amendment, 8. Applicant must also comply with all other applicable State and local statutes, ordinances and regulations, John H. Franklin - (item determined to be categorio :lly exempt from environmental review Grading Permit on property zoned A -Z (Airport Zonp) located at the end of Airport Road, west of Clark Road at 4405 Airport Road', identified as AP 055.510=010, Paradise, (CBS) The Commission waived the reading of "the Staff Findings, Staff gave a brief summary of the project, Staff said the knoll needs to be leveled for safety purposes. The hearing was opened to the public 6 BUTTE COUNTY PLANNING COMMISSION MINUTES July 22, 1993 John Fran He said the said he as there to answer questions. He said he owns the ort and property. was there before the runway was built and is ahazard. The hearing was closed. It was moved by Commissioner Sessions, seconded by Commissioner Ferguson, and unanimously carried for approval as follows: A: Note that the project is exempt from the California Environmental Quali Act Section 15301, Class 1; and ty B. Approve the Grading Permit on AP 055-510-010 (John Franklin) subject to the following condition: 1. The Grading Permit is not to be issued until all appropriate fees and a complete Use Permit application for expansion of the runway have been submitted to the Planning Division of the Butte County Department of Development Services. Kevin and George Jones - (item determined to be categorically exempt from environmental review) Variance to the front yard setback to allow_ a dwelling 33 feet from the center of theroad and Variance to the side yard setback to allow a dwelllhij 2 feet from an aIle on zoned R -N Nonconforming) located on the northeast corner of corner Avenue and� B Street, identified as AP 035-084-020, Oroville: The Commission waived the reading of the Staff Ridings, shown. Staff gave a brief description of the Project, g A video of the site was there for a long time and is in the process of being converted iff toha residence, as been Commissioner Ferguson was concerned with the parking requiteinehts, Staff, said because this is a corner lot there will be room to baric on either of the two street sides. Staff said the parking conforms to the ordihanee: Commissioner Sessions asked if there were setback requirements 40 years ago? Staff said they did not think so Staff said th 1q a was not even zoning 40 'years ago. m The hearing was opened to the public. _ Kevin and George Jones were present, Kevin said they want to make the gara a legal as a dwelling, He said they were at the Commissin to help clear up the Violation, He asked for approval. 7 BUT ,"E COUNTY PLANNING COMMISSION MiNU ► ES - July 22, 1993 George Jones said he had no knowledge there was a violation and he was wt aw are of the se.' ack requirements. The hearing was closed'. Commissioner Ferguson did not think from listening to Mr. Jones at the Board hoaaring, that this violation was deliberate. He said the proposal today was not a problem. He said the house was an improvement in the neighborhood. it was moved by Commissioner Ferguson; seconded by Commissioner ,Sessions, and unanimously ;tarried for approval as follows: MOTION: ACCEPT THE RECOMMENDATIONS OF STAFF MEMO DATED JULY 7 1993; MAKE THE FINDINGS LISTED UNDER "AM AND MAKE THE )MOTION AS OUTLINED UNDER "B", INCLUDING THE CONDITIONS 1 THROUGH 4; A. Find that: 1. Thero ased p p project is categorically exempt from p provisions of ti -le California Environmental Quality Act in accordance with Section 150305), Class 5(a) of the California Public Resources Code. - 2, Applicant must obtain a permit from Lake Oroville.Area Public Utility District for a sewer connection: 3. Minor changes may be approved administrativeiy by the Director of Development Services Upon receipt of a substantiated written request by the applicant. Prior t -gush approval, verification shall be made by each Department or Div6on that the modification is consistent with the application, fees paid and environmental determination as conditionally approved: Changes deemed to be major or significant in nature shall require a formal application for amendment. 4, Applicant Must comply with all other applicable State and local statutes, ordinances,. ,and regulations. Albert &. Charla Nielsen g environmental review) Use to allow a mobile hometa orieall racy t from Y p dwelling, and Variance to allow the rw s a temporary second zoned home in the setback area on property: a -40 (Agricultural 6 40 acre po ��' ,sated on the west s de of Larkin Road, pproAmately 2200 feet. "south � Ranch Road at 187f) Larkin Road, identified as AP 025-200-091, Gridley, 8 r BUTTE COUNTY PLANNING COMMISSION MINUTES - July 22, 1093: The Commission waived the reading of the Staff Findings. A video of the site was shown. Staff gave a brie+ summary of they project; The hearing was ;opened to the public. Charla Nielsen said the mobile is for her sister who is ill. She asked if she would be allowed to keep the ;n,. -)bile for her parents after her sister passes away? Staff explained the renewal procedure and the fact that a new Use Permit would have to be obtained if the occupancy of the mobile was to change. Commissioner Ferguson said he. understood the reason for where the mobile was to be placed. Charla said there is agricultural land all around her and she has had no objections to this project from any of ''. r neighbors. The hearing Was closed. It was moved by Commissioner Ferguson, seconded by Commissioner Nelson, and unanimously carried for approval as follows; A. Find that this project is Categorically Exempt from environmental review; and B, Find that this prOposed us,aof the property will not impair the integrity and character of the zone in which the land lies and that the use would hot be unreasonably incompatible with, or injurious to surrounding properties or detrimental to the he�ii;h and general welfare of the persons residing or working in the neighborhood �, to the~,Jeneral health, welfare and safety of the County; and - C. size rinahatsur�dinnserousspec the strict a . , applicable to the property, that due to � anc �,�, a p, "cats r.:sf this chapter deprives the property of privileges ehj6y6 Jyenjoysother pr6perty in i the vicinity and under identical :zoning i' lassification, and D. Approve the Use Permit to allow a tehloorary mobile horde as a second dwelling and grant the Variance to allow the mobile home a 10 ft: side yard and a 15 ft. rear yard setback on AP *025-200-091 (Albert & Charla Nielsen) subject to the following conditions: 1, Occupancy of thp mobile home is limited to Tona Padilla and 2 children. 2, No rent is to be charged to the occupant of the ,mobile home 3,. Meet the requirem0fits of the Butte County Environmental Health Department for domestic water subply and sewage disposal, 9 ora use on the property .pursuant to 4. The mobile home is to be a temporary the requirements of Section 24-304 of the Butte County Code- 5, The Use Permit shall expire two years from the date of issuance of the Use Permit:.. Upon appic ation, the Planning Commission may grant an extension of the Use Permit not exceeding one year. 6, In the event that the applicant who is residing within the mobil9 home or the conventional residence, for anytr a Use Pere granted hs to another erein location shall is deceased, then in that event, automatically expire and the mobile home shall be removed within one hundred twenty (120) days. In the event the mobile home is the terms t removed em Use hu 120 days pursuant to W1 `one hundred twenty ( ) y Permit, the County shall remove the mobile home and store it at the owner's expense,. post a bond to cover the cost of The applicant is to pay a deposit or p 7. removal in the amount of $1,500 for a single -Wide mobile or $2,000.00 for a double-wide mobile. Public g Division of tiie Butte County a„ Meet the requirm nts of the Buildin Department of l with all other applicable State and local g. Applicant must `also comply statutes, ordinances, and regulations, raved administratively by the Director of 10. Minor changes -ray be app asst by Development Services upon receipt of a substantiated written reqby uest the applicant, Prior to such a�)proval, verifcation shaconsistent ll be de with the Department or Division that the modification a lication, fees paid and environmental determination as conditionally pp Changes deemed to be major or significant in nature shall approved, , , require a formal application for an amendment VIII, APPOINTMENTS AND REPORTS OF SUB-COMMITTEES discussenda date 'to further Discussion regarding `possible selection of a auts c m ng before tha Commiss on. 1 the possibility of subdivisions and parcel Maps he would lilts to set a date for an item ori a future Vice Chairman Laribert said s 'before the da to discuss tentative parcel maps and tentative subdivisions coming agenda . Planning Commission, 10 BUTTE COUNTY, PLANNINGCOMMISSION MINUTES _ July '22, 1993 Commissioner Ferguson said he attended a Development Review Committee and he did not think the Commission needed to get involved. He said they have capable people at those meetings. p Commissioner Sessions said he agrees. /ice Chairman Lambert asked if the Commission 'DRC meetings,? was interested in the results of the COMMIssioner Ferguson said the Commission receives the agendas and they, can attend the meetings if there is something of interest, to tharri. Comr,nissioner Nelson said the Commission does not sea what happens as a result of their acticns He said the Commission needs to know if a rezone of an area works. He wants to talk about these items being on tl+e agenda for review as possibly ,,a consent item, He wanted to discuss if the Commission wanted to have any input on these items somewhere in the process: Commissioner Ferguson said there are experts sitting on the DRC that have reviewed the projEcts thoroughly. He did not see any reason for the Commission to become Involved, Commissioner Nelson said a review process would give the Commission a chance to look things over, pace thairma as Lambert said she was approached by three different people on a certain C agenda that she kr, ,w nothing about, Commissioner Sesslons said he would like to kt. the authority for the DRC the authority for the Commission, the duties of the C?Rt::, etc, This item was put on the August 26, 1993 agenda under Miscellaneous. r Commissioner' Ferguson asked if staff reviews the parcel maps? Staff said they review the tentative map only, but are not involved with the final ma processing, p Commissioner Sessions askad why on a and the other is not> a type of development is seep at the Commission Staff said a FUD (Planned Unit Development) is a rezone and, therefore, required to. come before the Commissioh, IX, MISCELLANEOUS 11 r kNIO ir LAND OFfy NATURAL AT,te uH AND 6VAUTY PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE- OROVILL5, CALIFORNIA 95965-3397 TELEPHONES (916).538-7601 Department of Development Services BUTTE COUNTY PLANNING COMMISSION July 22, 1993 TIME;; 9:00 a.m, PLACE; Board of Supervisors' Room County Administration Center 25 County Center Drive Oroville, CA 95965 1. PLEDGE OF ALLEGIANCE' JI: ROLL CALL i[I, APPROVAL OF THE MINUTES - July 8, 1993, JV. CanyonRoad ABANDONMENT N - Jon A. Babcock ; Abandonment of a portion of Chico 020 48, Chco.gh ay from Centennial Avenue westerly, identified as AP 011- V, BUSINESS (Presentations FROM THE FLOOR ON ITEMS, NOT ALREADY ON THE AGENDA be limited to five minutes, The Planning Commission is prohibited by, State Law from taking action on any, Ite on theAgenda) m presented if it is not listed , VL PUBLICHEADING PROCEDURE The Chair will call fnr iA. Staff Cornments 0, Open the hearing to the public 1. Propoherlts 2i Opponents 3 Propohents rebuttal 4Opponents rebuttal` C Close hearing to the public D. Commission discussion BUTTE COUNTY PLANNING COMMISSION AGENDA - July 22, 1993 E. Motion F. Vote It is requested that presentations be limited to ,a maximum of 5 minutes so that all interested parties will have an opportunity to address the Commission. Following- presentation, please print your name and address on the speakers sheet so Tat the record will be accurate. VII. PUBLIC HEARINGS. 9:00 i,m. - Alba Houseman - (Itern determined to be a General Rule Exemption from environmental review) Use Permit to allow the segregation of a homesite in an agricultural zone and a Variance to the required site area on property zoned A-20 (Agricultural - 20 acrearcels p )located on the.. southeast corner of Midway and McFadden Lane at 10 McFadden Lane, identified as AP 040-020-033, 123; Chico. (CRS) G eaory and Beverly Ro ers g - (Item determined to be categorically 9x00 a.m. exempt from environmental review Use Permit to allow a second dwelling on property zoned TM-2(Timber Mountain - 2 acre parcels) located on the West side of Cohasset. Road, approximately 900 feet north of Laughing Fox. Lane, at 9787 Cohasset Road, identified as AP 056-120-022; Chico. (CBS) 9:00 a.m. - John H. Franklin ' (Item determined to be categorica,y exempt from environmental revieW) Grading Permit on property zoned A-Z (Airport Zone) located at the end of Airport Road, west of Clark Road at 4405 Airport Road, identified as AP 055-510-010, Paradise, (CBR) 9:00 a,m. - Kevin and Geor a Jones - g (Item determined to be categorically exempt from environmental review) Variance to the front yard s-,;tback to allolw a dwelling 33 feet from, the center of the road, and Variance to the side yard setback to allow a 9 2 feet from an alley on property zoned R-N (Residential - Nonconforming) located o t n he northeast corner of Roseben Avenue and B Street, identified as AP 035-084020, Oroville. 900 a,m, Albert & Charla Nielsen (Item determined to be categorically exempt from enVirorlmental review) Use P-e—ttiLto allow a mobile home as, a tempsetback oray on second dwelling, and. Variance to allow the mobile home in the p _ p ,llzoned A 40 (Agricultural 40 acre parcels) located 'on the West side of Larkin Road, approximately 2200 feet South of yOro Ranch Road at 1879 Larkin. Road, identified as AP 025200-091;. Gridley. (LPW) VIII. APPOINTMENTS AND REPORTS OF SUB-COMMITTEES 2 s BUTTE COUNTY PLANNING COMMISSION MINUTES - July 8, 1993 �I PLEDGE OF ALLEGIANCE' N lI. ROLL CALL: ., Present: Commissioners Lambert, Nelson, Sessions, Ferguson and Chairman Lynch. Also Present:: Paula Leasure, Asst. Planning Director Craig Sanders, Associate Planner - Shane L. Shane, Paradise Planning Comm. Lynn Richardson, Secretary III, APPROVAL OF THE MINUTES June 24, 1993 The Commission had the following corrections; Page 16 last para, change "Carl" to "Cal'; Page 17, 3rd. para, change "taking" to "taken", 7th para. add "of Supervisors" after the "Board"; add "to amend a conditilon set by the Board of Supervisors" after "'decision" 9th firstpara. ,add "regarding this project" after "experience"; 12ara. add new sentence tence "She said the conditions were set by the Board as a comprise for approval of the project and with. approval of ,this request, approval would end with the Planning Commission without Aon appeal.", Page 19, 9th para. change "map" to "may`, Page 20, 4th para. add to end' because it complies with the Government Code,"; 5th para, change second "was" to It «as moved by Commissioner ,Lambert, seconded by 'Commissioner Ferguson, and unanimously carried to approve the minutes as corrected, IV, CONSENT - TEMPORARY MOBILE .HOME RENEWALS - .Edward McT\1a.rtin. on AP 025-390-050 for James Hilger; Eugene Larche on AP 027-020-047 fog `Linda Gei` er on AP 056-320-024 for 0'022 for Lse M, Smith; George. &Randall Nielsen, Am Hoar on. AP 025-18 Clint Paul Staff said, the renewals were•• in order, ,It was moved ley Commissioner Lambert, seconded by Comnji5sioner Sessions, and unanimously carried for approval, 1 i BUTTE COUNTY PLANNING C`;OMMISSION MINUTES - July 8, 1993 V. BUSI1vES9FROM THE FLOOR ON ITEMS NOT ALREADY ON 'ITIE AGENDA (Presentations will be limited, to f.�ve minutes, The Planning Commission is prohibited by State Law from taking action on any item presented if itis not listed on the Agenda) None V1. PUBLIC' HEARING PROCEDURE The Chair will call for. A. Staff Comments B. Open the heaving to the 'public 1. Proponents 2, Opponents 3. Proponents rebuttal 4. Oppon.ents rebuttal C. Close hearing to the public D. Commission discussion E. Motion F. Vote It is requested that presentations be limited to a maximum of 5 minutes so that all interested parties wall have an opportunity to address the Commission. Following your presentation, please print your name and addr, 5s on the speakers sheet so that the - record will be accurate. VII: PUBLIC' IiEAIZ1NGS 9:00 a.m. Lat-ry Smallen - proposed kl' : atg_ ive Declaration Nvith mitigation measures regarding environmental revi6i and Use Permit to allow 1S mohile home spaces, 6 RV` spaces, 4 overnight camping spaces, a laundromat, and commercial retail space, on property zoned 14-C (Highway Commercial) located on the northwest side of Highway 70 southwest of Coilcow Road, at 361.0 Skyerest Drive, identified as A.P 055-260-004; Orovi'lle. (CBS) ('VIDE O) Staff, gave a sutnmary of the proposal. 'I"ne Commission waived the reading of the -Staff Findings. ,A video of the site was shown. Staff said the number. of spaces proposed can not be handled on this site due to sewage disposal, requirements, Staff said the e'x;istiag right-of-way appears to be in conflict with structures and setbacks. Commissioner Nelson asked if Skycrest was a pub,ie )ad? Staff said ,Skycrest is a private road with other parcels taking access froth it.. Staff said it was easy to move the right -of way to correspond with the road. 2 Commissioner Nelson asked about septic problems in the area? Staff said this problem is discussed in the memo from Environmental Health. commissioner Lambert, asked what the current zoning is? Staff said the existing zoning is 14-C With a General Plan. Designation of Commercial. Staff said they looked at compatibility with sus;.rounding zoning and General, Plan designations in the area. Commissioner Lambert asked if the restaurant was deleted? Staff said that after ;oing through the process Nvath the applicant, the restaurant was dropped. Staff said the applicant wants to be able to expand the existing store (video) or install bu.,inesses of similar uses without having to get a use permit every time the use changes. Commissioner Lambert asked where the 87 people live who signed letters in favor of this project? Staff said most of the letters are from. Concow residents and some are from Pulga. Commissioner Ferguson asked which intersection was being referred to on Page .Z of the Staid Report? Staff said the intersection of Concow Road and Righway. 70 Commissioner Ferguson said in the Staff Finding CDF is asking for 250 gallons of water in two difference? rs, but staff is requesting a condition for 100 gallons. 'He asked why the requirement for Staff said the 0 g_ 100gallonsint based ois based on a request for,1$ units, whereas staffs i r rc their recommends}.ion for S units. The hearing xas opened to the public. Cal Bachman, representative for the applicant, said .he just received the 5 page letter from BesTech Facilities Management Services. He asked the Commission to continue this hearing so he could have a chance to respond to this letter. Chairman Lynch said the pubho hearing would be held and people allowed to speak of this .issue, then the Commission would consider the request for continuance, 1-16 said 3 B tJ'I r O UNTy pL ' NNIIY' ,. MINU-TES July g, I993 G COMMISSION f, staff ))as recommendeda scaled down version of the • If that was acceptable? Project and he asked Mr. Btichnlan Mr. I achman said the applicant dces .not ",eel 8 units Would said the applicant would be be financially feasible. Ie applicant has du willing to tar°k about Y? g holes and had pert tests' on 12 p units, but no less. He said the o_ the Property. Commissioner Nelson asked if this whole process re was the applicant know what the final project will be. P mature as the Commission nor Mr.. Bachman said the a done on file proper PPlicant can put in 16-18 Units according to the Pere ty. Re said they are, proposing With 1 or 2 common leachfields. He said there is ane P test already to put in individual septic systems water for this project: gusting well producing sufficient Commissioner Lambert discussed laundromat, etc. water problems conne Larry Tl1omPGon, cted with 1'esirooms sh overs, an adjoir�ri Said the parking g Property owner, said the store has been upgraded. P king lcrt has been u Sunset Canyon Road was used the most for rr aHe upgraded and security has been improved, problems with the septic were taken care of He P He said that drilling another well. ingress and egress. He said the over -flow use Mr. �He said to use Dow said e Road hoas talked about Smallens parking lot as people Of the. road Skycrest Road Mark ,Ackley, Concow are there is a need for comm GialjServices•is very little commercial, land in this area, rind Jim Bergluand, attorney for the r He ryas in favor of the project. be agreed with the letter from ;$esTech Bacilities Mana residents in the area that are o a petition against the project. Opposed to this project; said their wellk, gement Services, He submitted P J He said ilye neighbors are concerned with dtm down, , He said t.ne eo lel nl t}teammed ntE • t of g understand that there is a soil problem in ;the areh, across the, rOgd ltt dins one reside a ares e 'i are one residence . higher de.nsi residence er 2 parcels, He sjdrth afire parcels rand P acre , density. He ;said the neighbors are not. contesting the use P me spaces. He said tlxe present u P t:oosal is for a Proposed "mobile ho _ , of the store blit the structurt�s jncludin the stare. He said ,one of the :houses of the Property consist of three some of them are h `1 g yang ire tents, He ranted to know w.ho would p.. ' twu families rind if It wad, ranted. drainage: granted. fie said the traffic problems sOccupied oul ,e of ce the Use 1 leets have not been addressedhave not been addressed. kie s I ret Environmental Impact Report dome, Re said the ne hbotile table as a result of one car hyo lar e He said this project' ti�eds air Property g rs are concerned with the waiter ty values would g this roje �e said the neighbors were told their go` down, if this project were approved, pproved, l- e requested the