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HomeMy WebLinkAboutUP 02-19BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 11, 2003 03-044 BOARD DIRECTION THAT WATER QUANTITY BE ADDED TO OUR BEST MANAGEMENT PRACTICES, THAT THE LEACH SYSTEMS USED IN DEVELOPMENT AREAS, THAT ARE ATTACHED TO MAINTENANCE DISTRICT OR COUNTY SERVICE AREAS AND PROVIDE FOR NO DISCHARGE INTO CREEKS, BE CHANGED FROM BEING REFERENCED AS UNUSUAL OR NON-TRADITIONAL TO BEING REFERENCED AS USUAL OR TRADITIONAL IN OUR BEST MANAGEMENT PRACTICES, THAT STAFF PROVIDE A COST ANALYSIS OF HOW MUCH THE PERMIT PROCESS IS GOING TO COST CITIZENS, AND WHAT THE COST SHARE PROPOSAL WITH THE CITY OF CHICO IS GOING TO BE, AND FOR STAFF TO INCLUDE WITH THE APPLICATION A REQUEST TO EXCLUDE FROM THE PROGRAM THE DURHAM AREA, THE AREA WEST OF THE GREEN LINE, THE AREA NORTH OF CHICO THAT IS PLANNED TO BE DEVELOPED (UP TO THE ROCK CREEK BOUNDARY), THE AREA TO THE EAST TO INCLUDE ALL THE CITY OF CHICO AREA, AND SOME OTHER AREAS WHERE WE ALREADY HAVE DEVELOPMENT. STAFF IS ALSO TO UTILIZE OUR LEGISLATORS AS NEEDED TO HELP ENCOURAGE THE ACCEPTANCE OF THE MAP AREA AS DEFINED BY THE COUNTY. PUBLIC HEARING AND TIMED ITEMS 03-045 Continued Public Hearing - Use Permit Appeal - \Ed Becker - consideration of an appeal of the Planning Commission's denial of a Use Permit to remove development restrictions imposed by Use Permit 83-42 on the remaining property of a Homesite Segregation on property zoned A-10 (Agricultural - 10 acre parcels). The property is located on the south side of East Gridley Road, approximately 1,100 feet west of Larkin Road, in the Gridley area and identified as APN 024-040-054 (CBS [UP 02-19]) - action requested - STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTION: 1. SUBJECT TO FINDINGS I(A AND B [1-3]) AS DETAILED IN THE STAFF REPORT DATED NOVEMBER 12, 2002, DENY THE REQUEST FOR A USE PERMIT TO REMOVE DEVELOPMENT RESTRICTIONS IMPOSED BY USE PERMIT 83-42 ON THE REMAINING PROPERTY OF A HOMESITE SEGREGATION. (FROM 12-10-02 [5.041) (4676) (**00) PUBLIC HEARING RECONVENED AT 11:06 A.M. AND CONTINUED OPEN, AT THE REQUEST OF THE APPLICANT, TO APRIL 22, 2003, AT 10:30 A.M. 03-046 Public Hearing - Ordinance Amending Flood Hazard Prevention and Special Permit Zone II Levee and Building Regulations in Chapter 26 of the Butte County Code Regarding Conversion or Restoration of Land for Conservation Purposes - consideration of an ordinance intended to regulate specified activities for the purpose of protecting people and property from flood hazards and protecting man-made conditions on farmland within the unincorporated area of Butte County which is adjacent to land upon which a conversion to natural habitat is proposed - action requested - WAIVE READING OF THE ORDINANCE. (**56) PUBLIC HEARING OPENED: 11:12 A.M. PUBLIC HEARING CLOSED: 11:20 A.M. PAGE 17 FEBRUARY 11, 2003 02-365 Continued Public Hearing - Use Permit Appeal-,'Ed'Becke� consideration of an appeal of the Planning Commission's denial of a Use Permit to remove development restrictions imposed by Use Permit 83-42 on the remaining property of a Homesite Segregation on property zoned A-10 (Agricultural - 10 acre parcels). The property is located on the south side of East Gridley Road, approximately 1,100 feet west of Larkin Road, in the Gridley area and identified as APN 024-040-054 (CBS [UP 02- 19]) - action requested - STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTION: 1 SUBJECT TO FINDINGS I(A AND B [1-3]) AS DETAILED IN THE STAFF REPORT DATED NOVEMBER 12, 2002, DENY THE REQUEST FOR A USE PERMIT TO REMOVE DEVELOPMENT RESTRICTIONS IMPOSED BY USE PERMIT 83-42 ON THE REMAINING PROPERTY OF A HOMESITE SEGREGATION. (FROM 11-12-02 [5.02]) (**2500) PUBLIC HEARING RECONVENED AT 12:38 P.M. AND AT THE REQUEST OF THE APPLICANT CONTINUED OPEN TO FEBRUARY 11, 2003, AT 10:30 A.M. BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - December 10, 2002 02-350 Public Hearing - Use Permit Appeal - Ed -Becker) consideration of an appeal of the Planning Commission's denial of a Use Permit to remove development restrictions imposed by Use Permit 83-42 on the remaining property of a Homesite Segregation on property zoned A-10 (Agricultural - 10 acre parcels). The property is located on the south side of East Gridley Road, approximately 1,100 feet west of Larkin Road, in the Gridley area and identified as APN 024-040-054 (CBS [UP 02-19]) - action requested - STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTION: 1. SUBJECT TO FINDINGS I(A AND B [ 1-3]) DENY THE REQUEST FOR A USE PERMIT TO REMOVE DEVELOPMENT RESTRICTIONS IMPOSED BY USE PERMIT 83-42 ON THE REMAINING PROPERTY OF A HOMESITE SEGREGATION. (2587) AT THE REQUEST OF THE APPLICANT, THE PUBLIC HEARING WAS OPENED AT 10:40 A.M. AND CONTINUED OPEN TO DECEMBER 10, 2002, AT 10:45 A.M. BUTTE COUNTY BOARD OF SUPERVISORS - MINUTES - November 12, 2002 J Ed Becker, Use Permit to remove development restrictions imposed by Use Permit 83-42 on the remaining property of a Homesite Segregation on property zoned A-10 (Agricultural — 10 -acre parcels). The property is located on the south side of East Gridley Road, approximately 1,100 feet west of Larkin Road, Gridley area. APN 024-040-054 (CBS) (UP 02-19) 1 Mr. Durling gave a brief background summary of this project. He said that staff is recommending denial. Commissioner Marin asked staff to explain the homesite segregation process. Mr. Durling explained the process stating that homesite segregations are no longer allowed with the adoption of the Agricultural Element. There was a brief discussion. Commissioner Leland said the Commission needs to look at this as to whether things have changed enough to warrant the cancellation of the covenant. Commissioner Nelson explained what the intent was when the homesite segregation process was established. Commissioner Lambert was opposed to approving this request. Mr. Sanders said the first parcel was created before the zoning was in place, and the homesite was created later. Commissioner Lambert said she does not want the restriction removed, but if this is approved she would want the agricultural setbacks imposed on the parcel. Mr. Sanders said that if this project is approved, the Commission would need to do a Motion of Intent for staff to bring back findings and a condition for the setbacks. Commissioner Lambert said she could not find that there has been a significant change in the area to warrant deleting the restriction. Commissioner Nelson agreed that there has been no change in the zoning or the General Plan for this area. Commissioner Leland discussed focusing development in residential areas and not in agricultural areas. The hearing was opened to the public. Ed Becker said there have been changes in the area, sufficient changes to warrant this request. He said he would like to build a new home on the agricultural parcel. He said that there are 36 single family residences within one mile of his house. He asked that his request be approved. Commissioner Lambert commented that sufficient change has not occurred. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ JULY 11, 2002 ■ PAGE 2 ■ Mr. Becker said that there have been changes in the reality of trying to find a place to build a new home in Gridley. He said there is a finding under the Agricultural Element that farmers need to be able to build a house on their property. Commissioner Leland informed Mr. Becker that he could not make the finding of sufficient change in the area. The hearing was closed. Commissioner Marin felt that there was sufficient change to grant the request. It was moved by Commissioner Leland, seconded by Commissioner Nelson, and carried to deny the request for a Use Permit by Ed Becker by the following vote: AYES: Commissioner Leland, Nelson, and Vice Chairman Lambert NOES: Commissioner Marin ABSENT: Chairman Mooney ABSTAINED: No one ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ JULY 11, 2002 ■ PAGE 3 ■ r PROJECT SUMMARY SHEET FILE #: UP 02-19 PROJECT TYPE: Use Permit APPLICANT: Ed Becker ADDRESS: 1490 Hwy. 99, Suite A OWNER: same ADDRESS: 1490 Hwy. 99, Suite A REPRESENTATIVE: ADDRESS: PROJECT DESCRIPTION: Use Permit to remove development restrictions placed on a parcel by Use Permit 83-42 as part of a homesite segregation approval PROPERTY ZONED: A-10 (Agricultural, 10 -acre parcels) LOCATED: east of Gridley on south side of E. Gridley Road approximately 1,100 feet west of Larkin Road, Gridley area AP#:024-040-054 TOWN/AREA: Gridley GENERAL PLAN DESIGNATION: Agricultural/Residential 1. Application complete: Amount: $ Receipt #: 2. Comments sent to: Environmental Health, LAFCo, California Department of Forestry, Assessor, Public Works Director, Butte Co. Farm Bureau, Agricultural Commission 3. Comments received from: 4. Rezone Petition Signatures Checked: 5. Mailing List/Lead-in Sheet: 6. Assigned To: Craig Sanders 7. Environmental Determination: .Q L State Clearinghouse No: Categorical Exemption-CEQA# Negative Declaration Mitigation Negative Declaration Subject to Fish & Game: Environmental Impact Report Gen. Rule Ex. -CEQA # 15061.(bx3) Other 8. Staff Report: Project Video: Release to publish: 9. Clearinghouse circulation required: Yes No Date Sent to SCH: 10. Publication Notice Written: Display Ad Prepared: 11. Notices Mailed: Number of Notices: 12. Newspaper Publication Date: Oo7 O C P /G1 R 13. Planning Commission Hearing(s): 7- Action taken: Special Conditions: Commission Resolution No. 14. Board of Supervisors' Hearing(s): Action taken: Board Resolution No.: 15. Type Use Permit/Send for signature: 16. N.O.E. / N.O.D. / APPENDIX G: 17. Send validated Use Permit: 18. Assessor's Memo: 19. Copy of Use Permit / Variance to Planning Technician: Ordinance No: Adopted: Fish & Game Fees Paid: Yes No . 0 0 Butte County Depanment ofDevelopment Services Administration - AR 7 County Center Drive Oroville, CA 95965 n (530) 538-7601 Telephone G Use Permit Applicant: EdBecker 1490 Hwy. 99, Suite A Gridley, CA 95948 Deposit Date: July 17, 2003 Receipt: 21292, Check 2792 7/17/2003 NOD/NIDE Filing Fee DEVELOPMENT SERVICES/PLANNING DEPOSIT 21292, Check 2792 TOTAL PAYMENTS File: UP 02-1.9 APN: 024-040-054 Date: July 22, 2003 $ 719.05 $ 36.00 $ 755.05 Planning charges are captured in arrears. At the date of this invoice, the following charges had been recorded and entered into our billing progra There may be additional charges in the processing of your application that have not yet been entered into the billing program, and are not reflected this invoice. Charges entered after this invoice date will be reflected on subsequent billings. At the time all charges are entered and billed, you following charges have been applied to the processing of your application: Professional Planner $383.50 Mapping $:. 103.25 Clerical $' 180.50 Publishing $ 5180 NOD/NOE filing fee $ 36.00 TOTAL $ 755.05 REFUND AMOUNT (withdraw-NOD/NOE filing fee): $ 36.00 Butte County Code 3-44 Hourly fees; deposits; billing procedures. County code requires when the initial deposited funds are depleted to amount equal to 25% of the original deposit, no processing of the application will occur until the applicant deposits sufficient funds to restore a balai equal to the amount of the initial deposit, or a lesser amount as determined by the Director of Development Services. In the event the applicant do A negative amount reflects a credit. Please sign and return the enclosed General Claim form. Should you have any questions, please call Accounts Receivable from 8:00 a.m. to 4 p.m., Monday through Friday. cs REFUND DUE TO:YOU ;(3 K:\FISCAL ADMIN\BILLINGS & REFUNDS\REFUNDS\Becker UP 02-19 Ref 2 072203.xis 1 County of Butte. Oroville, California GENERAL CLAIM DATE OF CLAIM: IMPORTANT: CLAIMANT: Ed.:Becker ,.... M.. ,' .,w," SEE INSTRUCTIONS ADDRESS: 1490{Hvtfy 99; Suite A �Y �: y� � r �. �. .y.,, 5, ", ��;,•W, ��BELOW . CITY, STATE: SUBMIT CLAIM TO DEPARTMENT RECEIVING GOODS OR SERVICES DATE DESCRIPTION OF CLAIM (DESCRIBE FULLY TO AVOID DELAY) AMOUNT July 22, 2003 Refund of'NOD/NOE fee for Withdrawn Application, UP 02-19 . $ 36.00 TOTAL $ 36.00 I, the undersigned, declare under penalty of perjury that the services or articles claimed have been performed or delivered, and that this claim is true and correct as stated. )' Datedithis� da iof�� 2003;'at� mCalif r 0-10".N' in.. Signature of Claimant I, the undersigned, hereby certify that, to the best of my knowledge, the services or articles specified above have been performed or delivered and that there is a Budget Appropriat❑ or Specific Board Approval [](Check one) for the same. Dated this day of 2003, at, Oroville Calif. Department Head or Authorized Deputy INSTRUCTIONS TO CLAIMANTS All claims against the County must be itemized, giving dates and character of service rendered or work performed, quantities, description and unit prices of articles furnished or delivered. Claims must be certified by the claimant and submitted to the Department head for approval. Upon approval, the Department head will forward claim to the County Auditor for payment. Do Not file with the County Auditor. first. Claims should be presented to officials for approval immediately upon completion of services requested or material ordered. Compliance with the above instructions will expedite payment of claim. Failure to do'so may delay payment. Dept: Exp. Code 440-001 Code 4210900 PAYABLE FROM GENERAL FUND - DO NOT WRITE BELOW THIS LINE - AUDITOR' USE ONLY DEPT & SUB. PROJ. SUB. OBJ: CLAIM NO. INV. NO. I V. DATE ENCUMBER. GROSS AMT. Claimant- Submitted for your approval/signature. Pease return signed form to. Development Services Department Accounts Receivable 7 County Center Drive Oroville, CA 95965 t. �� • f COUhM° OF PLFM t AUDITOR'S CERT11FICA.TE AND TREASURER'S RECEIPT OROVILLE, 'CA ATR NO 65517 RECEWED FROM PLANNING BAG 4 330 DATE FUND FUND DEPT ACCT CASH DESCRIPTION TITLE CODE CODE CODE CODE AMOUNT DEPOSIT DATE. 7.13103 RECEIPTS: 2129'x' i Pe.ANk&kr€ APPL FEES GENL W10 44401 42109W 101001 719.05 Project Number Amount of see W024 -134M54 E BECKER UP'0_2-9g 00CL.QMENTIC®P'1F ,SALES GENS.. 0010 44OW9 4711910 - 1=91 �NOE NOE CLERK' 9 FILING FEf iSEML 0010 VOW -1 4612319 ioloa i 36_00 .. ($36) P M-ject kumber Amount of Fee 9024-04M54 c BECKER UP 102-i9 $38.00 I TOTAL. 755.05 - - ■-ewviyve+m���emme RECEOVED BY: TREASURER r pink=auditar canarsf -degas for gooden rod ---We It _p+ • • FOR 11'00 279 211' 1= L 2 L04 288 21: 0 L89 24 54001" _ TH)9 DOCUMEM CONTAINS A COLORED BACKGROUND ON WHRE PAVER; MICPOPpINT i5 LOCATED BELOW THIS w RECEIPT 21292 '� � IL� OFFICIAL RECEIPT L COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING ISSUED BY • 5. 36 (AP o -/9 e , . RECEIPT TOTAL PUBLIC LAFCO PLANNING PUBLIC ENV. FIRE NOE/NOD OTHER APPLICANT - RECEIVED FROM DATE NO. RECEIVED WORKS SALES HEALTH F/G FEE RECEIPT 21292 '� � IL� OFFICIAL RECEIPT L COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING ISSUED BY • 2 �� 0 • s� 7/22/2003 Butte County Department of Development Services 11:28 AM Pre -bill Worksheet Selection Criteria Applicant (hand sel Include: Becker Nickname Becker I UP 02-19 Full Name Ed Becker Address 1490 Hwy. 99, Suite A 59.00 Gridley CA 95948 Phone 1 Phone 2 Phone 3 Phone 4 In Ref To Fees Arrg. By billing value on each slip Expense Arrg. By billing value on each slip Tax Profile Exempt Last bill 7/24/2002 Last charge 8/3/2002 Page 1 12-21-1 04 D� n 04 C,t _6A leo ` 3L0 Last payment 7/17/2003 Date Employee ID Task Amount $36.00 Rate Markup % Hours DNB Time Amount DNB Amt Total 6/8/2002 Craig S. 59.00 1.00 59.00 Billable 40089 P Processing 6/22/2002 Diane L. 34.00 2.00 168.00 Billable 40106 C Clerical 6/22/2002 Larry P. 59.00 1.75 103.25 Billable 40169 P Processing 7/6/2002 Lynn R. 45.00 1.00 '45.00 Billable 40415 C Clerical 7/6/2002 Craig S. 59.00 5.00 295.00 Billable 40463 P Processing REPORT 7/20/2002 Lynn R. 45.00 1.00 45.00 Billable 40672 C Clerical 8/3/2002 Craig S. 59.00 0.50 29.50 Billable 40800 P Processing 7/22/2003 11:28 AM Becker:Ed Becker (continued) Date Employee ID Task 8/3/2002 Lynn R. 40907 C Clerical TOTAL Billable Fees Butte County Department of Development Services Pre -bill Worksheet Rate Hours Markup % DNB Time 45.00 0.50 Date Employee Price ID Expense Markup % 7/24/2002 Lynn R. 51.80 42623 Publishing Publishing in newspaper -Gridley Herald 7/24/02 TOTAL Billable Costs Calculation of Fees and Costs Fees Bill Arrangement: Slips By billing value on each slip. Total of billable time slips Total of Fees (Time Charges) Costs Bill Arrangement: Slips By billing value on each slip. Total of billable expense slips Total of Costs (Expense Charges) Total new charges Accounts Receivables DatelID Type Description 7/24/2002 INV Invoice-NOD/NOE filing fee due 2444 7/17/2003 PAY Payment 2523 Receipt #21292. Check No. 2792 7/17/2003 PAY Payment-NOD/NOE Recording Fee. Check No. 2792 2524 Page 2 Amount Total DNB Amt 17 --2250 Billable 12.75 $667.25 Quantity Amount Total 1.000 51.80 Billable //Vv $51.80 Amount Total $667.25 $667.25 $51.80 $51.80 $36.00 ($719.05) ($36.00) $719.05 '7/22/2003 11:28 AM Becker:Ed Becker (continued) Total Accounts Receivable New Balance Current Unapplied Total New Balance • • Butte County Department of Development Services Pre -bill Worksheet Amount to replenish account to $700.00 Page ,3 Amount Total ($719.05) $719.05 ($719.05) $0.00 $700.00 7/21/2003 Butte County Department of Development Services 3:26 PM Pre -bill Worksheet Page 1 Selection Criteria Applicant (hand sel Include: Becker Nickname Becker I UP 02-19 Full Name Ed Becker Address 1490 Hwy. 99, Suite A 59.00 Gridley CA 95948 Phone 1 Phone 2 Phone 3 Phone 4 In Ref To Fees Arrg. By billing value on each slip Expense Arrg. By billing value on each slip Tax Profile Exempt Last bill 7/24/2002 Last charge 8/3/2002 Last payment 7/17/2003 Amount $36.00 Date Employee Rate Hours Amount ID Task Markup % DNB Time DNB Amt 6/8/2002 Craig S. 59.00 1.00 59.00 40089 P Processing 6/22/2002 Diane L. 40106 C Clerical 6/22/2002 Larry P. 40169 P Processing 7/6/2002 Lynn R. 40415 C Clerical 7/6/2002 Craig S. 40463 P Processing REPORT 7/20/2002 Lynn R. 40672 C Clerical 8/3/2002 Craig S. 40800 P Processing 34.00 59.00 45.00 2.00 68.00 1.75 103.25 1.00 45.00 59.00 5.00 295.00 45.00 1.00 45.00 59.00 0.50 29.50 Total Billable Billable Billable Billable Billable Billable Billable s- 7/21/2003 3:26 PM Becker:Ed Becker (continued) Date Employee ID Task 8/3/2002 Lynn R. 40907 C Clerical .Butte County Department of Development Services Pre -bill Worksheet Rate Hours Amount Markup % DNB Time DNB Amt 45.00 0.50 22.50 TOTAL Billable Fees 12.75 Date Employee Price Quantity Amount ID Expense Markup % 7/24/2002 Lynn R. 51.80 1.000 51.80 42623 Publishing Publishing in newspaper -Gridley Herald 7/24/02 TOTAL Billable Costs Calculation of Fees and Costs Page 2 Total Billable $667.25 Total Billable $51.80 Amount Total Fees Bill Arrangement: Slips By billing value on each slip. Total of billable time slips $667.25 Total of Fees (Time Charges) $667.25 Costs Bill Arrangement: Slips By billing value on each slip. Total of billable expense slips $51.80 Total of Costs (Expense Charges) $51.80 Total new charges Accounts Receivables DatelID Type Description 7/24/2002 INV Invoice-NOD/NOE filing fee due 2444 7/17/2003 PAY Payment 2523 Receipt #21292. Check No. 2792 7/17/2003 PAY Payment-NOD/NOE Recording Fee. Check No. 2792 2524 Total Accounts Receivable $36.00 ($719.05) ($36.00) $719.05 ($719.05) 7/21/2003 3:26 PM Becker:Ed Becker (continued) New Balance Current Unapplied Total New Balance 0 Butte County Department of Development Services Pre -bill Worksheet Amount to replenish account to $700.00 Page 3 Amount Total $719.05 ($719.05) $0.00 $700.00 TOTAL$ 755.05 RECEWED BY: TREASURER r By, : ete—treasurer pink --auditor canary--depasDtor golden =wife r COUN P Y OF BLUTE AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT OROVILLE, Cit ATS? NO6��ff RECEWED FROM PLANNING BAG 0 330 DATE FUND FUND DEPT ACCT CASH DESCRIP- 9®W TITd-E C®®F CODE CODE CODE AMOUNT DEPOSIT DATE: 7118103 RECEIPTS: 21 PLAWidr,�APPL FEES GENL J 0010 44WO1 4210M 1010012" 01002 719.05 Project Number Amount eat r -E* . f°G74-040-0--A E BECKEi� U- °02-49-. $7iQ.05 I DOCI.. MENTICOPY'SA<LES--GENL'- — 0010 iI 47,19!910 101091 [8� 6 Di&8Jr C.LERK`S.FILING, =EE GENL 0010 470W.1 4692319 10.900; 36.00 ($36) Project Number _ -.Amount at Fee *024 40-054 E BECKER UP `02-i$ $2.5;.00 1 TOTAL$ 755.05 RECEWED BY: TREASURER r By, : ete—treasurer pink --auditor canary--depasDtor golden =wife r 1 0 %%JUr4i T Vr tsui Ir - 0 FFICE OFFICE OF PLANNING 0 0 FOR 11'00 2 ? 9 2��' ��= L 2 104 288 21: 0 1,89 2 4 5 40011' NNIS DOCUMEM CONiA1N9 A COLORED BACKURO_UND ON_WHITE.PAVEF_MICROPRINf,13 LOCAiED,BELOW h119 WMNINO BFNQ._ IVP 0 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING RECEIPT 21292 ISSUED BrY/�{�) ��P-r-p" /03 � 4 RECEIPT TOTAL PUBLIC _ LAFCO PLANNING PUBLIC ENV. FIRE NOE/NOD F/G FEE OTHER APPLICANT RECEIVED FROM ' DATE NO. RECEIVED WORKS SALES HEALTH OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING RECEIPT 21292 ISSUED BrY/�{�) ��P-r-p" Use Permit Applicant: Ed Becker 1490 Hwy. -,00, Ste. A Gridley, GA95948 File: UP 02=19 APN: 0247:040=054. Date: June 25, 2003 P 02-19 nning charges are captured in arrears. At the date of this invoice, the following charges had been recorded and entered into our billing progl sre maybe additional charges in the processing of your application that have not yet been entered into the billing program, and are not refle this invoice. Charges entered after this invoice date will be reflected on subsequent billings. At the time all charges are entered and billed, receive a FINAL INVOICE. The following charges have been applied to the processing of your application: Professional Planner Mapping Clerical Publishing , TOTAL CHARGES: The following payments have been applied to your. application: INo payments recorded: TOTAL PLANNING FEES DUE NOD/NOE FILING FEE DUE $ 383;50 103.25 180.50: :51:80; r $ 719.05 $ 36.00 County Code 3-44 Hourly fees; deposits; billing procedures. County code requires when the initial deposited funds are depleted to an it equal to 25% of the original deposit, no processing of the application will occur until the applicant deposits sufficient funds to restore a :e equal to the amount of the initial deposit, or a lesser amount as determined by the Director of Development Services. In the event the ant does not provide sufficient funds to continue processing an application, the application will be denied. Make checks payable to: Butte County Treasurer and send it to us at the above address. Should you have any questions, please call Accounts Receivable from 8:00 a.m. to 4 p.m., Monday through Friday. K:\FISCAL ADMIN\BILLINGS 8 REFUNDS\SENT BILLINGS\Becker UP 02-19 062503.xls n Butte County Department ofDevelopment Services DOTTE Administration - AR COUN C1' 7 County Center Drive JUL 17 2003 Oroville, CA 95965 (530) 538-7601 Telephone DEVELOPMENT SERVICES Use Permit Applicant: Ed Becker 1490 Hwy. -,00, Ste. A Gridley, GA95948 File: UP 02=19 APN: 0247:040=054. Date: June 25, 2003 P 02-19 nning charges are captured in arrears. At the date of this invoice, the following charges had been recorded and entered into our billing progl sre maybe additional charges in the processing of your application that have not yet been entered into the billing program, and are not refle this invoice. Charges entered after this invoice date will be reflected on subsequent billings. At the time all charges are entered and billed, receive a FINAL INVOICE. The following charges have been applied to the processing of your application: Professional Planner Mapping Clerical Publishing , TOTAL CHARGES: The following payments have been applied to your. application: INo payments recorded: TOTAL PLANNING FEES DUE NOD/NOE FILING FEE DUE $ 383;50 103.25 180.50: :51:80; r $ 719.05 $ 36.00 County Code 3-44 Hourly fees; deposits; billing procedures. County code requires when the initial deposited funds are depleted to an it equal to 25% of the original deposit, no processing of the application will occur until the applicant deposits sufficient funds to restore a :e equal to the amount of the initial deposit, or a lesser amount as determined by the Director of Development Services. In the event the ant does not provide sufficient funds to continue processing an application, the application will be denied. Make checks payable to: Butte County Treasurer and send it to us at the above address. Should you have any questions, please call Accounts Receivable from 8:00 a.m. to 4 p.m., Monday through Friday. K:\FISCAL ADMIN\BILLINGS 8 REFUNDS\SENT BILLINGS\Becker UP 02-19 062503.xls n J •Y Butte County Department of Development Services Administration - AR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone Use Permit Applicant: Ed Becker 1490 Hwy. 99, Ste. A Gridley, CA 95948 File: UP 02-19 APN: 024-040-054 Date: June 25, 2003 I N V 0 1 C E UP 02-19 Planning charges are captured in arrears. At the date of this invoice, the following charges had been recorded and entered into our billing program. There maybe additional charges in the processing of your application that have not yet been entered into the billing program, and are not reflected on this invoice. Charges entered after this invoice date will be reflected on subsequent billings. At the time all charges are entered and billed, you will receive a FINAL INVOICE. The following charges have been applied to the processing of your application: Professional Planner $ 383.50 Mapping 103.25 Clerical 180.50 Publishing 51.80 TOTAL CHARGES: $ 719.05 The following payments have been applied to your application: No payments recorded. TOTAL PLANNING FEES DUE $ 719.05 NOD/NOE FILING FEE DUE $ 36.00 Butte County Code 3-44 Hourly fees; deposits; billing procedures. County code requires when the initial deposited funds are depleted to an amount equal to 25% of the original deposit, no processing of the application will occur until the applicant deposits sufficient funds to restore a balance equal to the amount of the initial deposit, or a lesser amount as determined by the Director of Development Services. In the event the applicant does not provide sufficient funds to continue processing an application, the application will be denied. Make checks payable to: Butte County Treasurer and send it to us at the above address. Should you have any questions, please call Accounts Receivable from 8:00 a.m. to 4 p.m., Monday through Friday. AMOUNT DUE AND PAYABLE Biller. CS July 9, 2003 .. $ 755.05 K:\FISCAL ADMIN\BILLINGS & REFUNDS\SENT BILLINGS\Becker UP 02-19 062503.xis 6/24/2003 Butte County Department of Development Services 12:50 PM Pre -bill Worksheet Selection Criteria Applicant (hand sel Include: Becker Nickname Becker I UP 02-19 Full Name Ed Becker Address 1490 Hwy. 99, Suite A Gridley CA 95948 Phone 1 Phone 2 Phone 3 Phone 4 In Ref To Fees Arrg. By billing value on each slip Expense Arrg. By billing value on each slip Tax Profile Exempt Last bill 7/24/2002 Last charge 8/3/2002 r i?ap (03,ZS Last payment Amount $0.00 Date Employee Rate Hours mount Total ID Task Markup % DNB Time DNB Amt 6/8/2002 Craig S. 59.00 1.00 59.00 Billable 40089 P Processing 6/22/2002 Diane L. 34.00 2.00 68.00 Billable 40106 C Clerical 6/22/2002 Larry P. 59.00 1.75 103.25 Billable 40169 P Processing 7/6/2002 Lynn R. 45.00 1.00 45.00 Billable 40415 C Clerical 7/6/2002 Craig S. 59.00 5.00 295.00 Billable 40463 P Processing REPORT 7/20/2002 Lynn R. 45.00 1.00 45.00 Billable 40672 C Clerical 8/3/2002 Craig S. 59.00 0.50 29.50 Billable 40800 P Processing Page 1 6/24/2003 12:50 PM Becker:Ed Becker (continued) Date Employee ID Task 8/3/2002 Lynn R. 40907 C Clerical • • Butte County Department of Development Services Pre -bill Worksheet Rate Hours Markup % DNB Time 45.00 0.50 Page 2 Amount Total DNB Amt 22.50 Billable TOTAL Billable Fees 12.75 $667.25 Date Employee Price Quantity Amount Total ID Expense Markup % 7/24/2002 Lynn R. 51.80 1.000 51.80 Billable 42623 Publishing ��— Publishing in newspaper -Gridley Herald 7/24/02 TOTAL Billable Costs Calculation of Fees and Costs Fees Bill Arrangement: Slips By billing value on each slip. Total of billable time slips Total of Fees (Time Charges) Costs Bill Arrangement: Slips By billing value on each slip. Total of billable expense slips Total of Costs (Expense Charges) Total new charges Accounts Receivables DatelID Type Description 7/24/2002 INV Invoice-NOD/NOE filing fee due 2444 Total Accounts Receivable New Balance 120 Days Current $51.80 Amount Total $667.25 $667.25 $51.80 $51.80 $719.05 $36.00 $36.00 $36.00 $719.05 6/24/2003 12:50 PM Becker:Ed Becker (continued) Total New Balance r� u n u Butte County Department of Development Services Pre -bill Worksheet Total Overdue: $36.00 Amount to replenish account to $700.00 Page Amount Total $755.05 $700.00 V 4/7/2003 Butte County Department of Development Services 3:29 PM Pre -bill Worksheet Page 1 Selection Criteria Applicant (hand sel Include: Becker - -; Nickname Becker I UP 02-19 Full Name Ed Becker Address 1490 Hwy. 99, Suite A / Gridley CA 95948 Phone 1 Phone 2 /! Phone 3 Phone 4 In Ref To Fees Arrg. By billing value on each slip "�— Expense Arrg. By billing value on each slip Tax Profile Exempt Last bill ��' `��lZ _Q Z Last charge 8/3/2002 -Last pavm`ent--� r ­Amount $0.00 Date Employee ID Task 6/8/2002 Craig S. 40089 P Processing 6/22/2002 Diane L. 40106 C Clerical 6/22/2002 Larry P. 40169 P Processing 7/6/2002 Lynn R. 40415 C Clerical 7/6/2002 Craig S. 40463 P Processing REPORT 7/20/2002 Lynn R. 40672 C Clerical 8/3/2002 Craig S. 40800 P Processing Rate Hours Amount Markup % DNB Time DNB Amt 59.00 1.00 59.00 Total Billable 34.00 2.00 68.00 Billable 59.00 1.75 103.25 Billable 45.00 1.00 45.00 Billable 59.00 5.00 295.00 Billable 45.00 1.00 45.00 Billable 59.00 0.50 29.50 Billable i' 4/7/2003 3:29 PM Becker:Ed Becker (continued) Date Employee ID Task 8/3/2002 Lynn R. 40907 C Clerical TOTAL Billable Fees • 0 Butte County Department of Development Services Pre -bill Worksheet Rate Hours Amount Markup % DNB Time DNB Amt 45.00 0.50 22.50 Date Employee Price ID Expense Markup % 7/24/2002 Lynn R. 51.80 42623 Publishing Publishing in newspaper -Gridley Herald 7/24/02 TOTAL Billable Costs Calculation of Fees and Costs Fees Bill Arrangement: Slips By billing value on each slip. Total of billable time slips Total of Fees (Time Charges) Costs Bill Arrangement: Slips By billing value on each slip. Total of billable expense slips Total of Costs (Expense Charges) Total new charges New Balance Current Total New Balance Amount to replenish account to $700.00 12.75 Quantity 1.000 Page 2 Total Billable $667.25 Amount Total 51.80 Billable $51.80 Amount Total $667.25 $667.25 $51.80 $51.80 $719.05 $719.05 �u $700 .00 K:\PROJECTS\UPC\BECKER\maillistUPO 219.doc 024040007000 KRAMER V BURYL 3 COOLWATER COMMONS CHICO CA 95928 024040042000 MATHEWS WANDA JEAN TRUSTEE P0BOX 932 GRIDLEY CA 95948-0932 024300005000 LANNON ROBERT R & SHERRILYN 15 81 GLENN ELLEN DR GRIDLEY CA 95948 024300008000 DORNAN J B * ETAL PO BOX 729 GRIDLEY CA 95948 024300021000 BOYD JOHN A & DONNA S 5516 LAWNVIEW WAY ELK GROVE CA 95758 025200024000 CASSADY BROTHERS 335 E GRIDLEY ROAD GRIDLEY CA 95948 025200069000 SANNAR RONALD H & RITA SUE 419 E GRIDLEY HWY GRIDLEY CA 95948 024040054000 BECKER FAMILY TRUST 1490 HWY 99 #A GRIDLEY CA 95948-9783 024040024000 NURSTECH INC 612 E GRIDLEY RD #B GRIDLEY CA 95948-9407 024040043000 KNAPPE & CAMERON INC 416 E GRIDLEY RD GRIDLEY CA 95948 024300006000 WILSON FRANK N ETAL 1575 GLENN ELLEN DR GRIDLEY CA 95948 024300018000 HILBERS NADENE & LEROY CP 1698 PORTOFINO DR YUBA CITY CA 95993-1678 025200022000 CHEEMA BALBIR SINGH 3463 RAILROAD AVE YUBA CITY CA 9599.1 025200041000 SANNAR HOWARD C & MAURINE B 409 EAST GRIDLEY RD GRIDLEY CA 95948 025200070000 BARROW BRADLEY J & SHARON A 431 EAST GRIDLEY ROAD GRIDLEY CA 95948 024040006000 WINTERSTEIN FAMILY REV 1489 LARKIN RD GRIDLEY CA 95948 024040027000 NORMAN NANCY S 554 ANDERSON WAY GRIDLEY CA 95948 024300004000 BENNETT ARTHUR ETAL 1583 GLENN ELLEN DR GRIDLEY CA 95948 024300007000 SOUZA EARL M & MARILYN A 1571 GLENN ELLEN DRIVE GRIDLEY CA 95948 024300019000 WINTERSTEIN THOMAS W ETAL 1507 LARKIN RD GRIDLEY CA 95948 025200023000 CASSADY RALPH ETAL 495 E GRIDLEY RD GRIDLEY CA 95948 025200068000 GB&BLAND INC 431 E GRIDLEY RD GRIDLEY CA 95948 025200131000 ONSTOTT ORCHARDS 1740 LARKIN RD GRIDLEY CA 95948 .1 Q Vv �007Ot�S X25 - 200 -022 cNc�M• �0 23y �o2y� Ll ra. _ t�� • _ -, • `` ��I ��� . •—TTi .—, t ��f ` 1 • '�� � ' t,. - ) .. s ' ----- �� • �i ... � ._ • .+ i r I ' �Il ' 1� • 1 �� ` (ttjl ' i RECORDING REQUESTED BY AND AFTER RECORDING RETURN TO: Butte County Public Works LAND DEVELOPMENT DIVISION 7 County Center Drive Oroville, CA 95965 CERTIFICATE OF MERGER LANDS BEING MERGED: AP NUMBER(S) 024-040050, 054 and 055 SUBDIVISION / PARCEL MAP: BOOK PAGE BLOCK LOT(S) BOOK PAGE BLOCK LOT(S) As of the date of recordation, those lands noted above are merged to create 3 parcels of land as described in Exhibit(s) . A, B and C attached hereto. MIKE CRUMP DATE Director of Public Works OWNERS' CONSENT TO MERGER Edwin A. Becker, Jr. and Karen F. Becker, Trustees of the 2001 Becker Family Trust, Dated June 18, 2001, as owners of all that real property to be merged, do hereby consent and agree to the merger of such lands into that / those parcel(s) as described inExhibit(s) A, B and C attached hereto. SIGNATURE Edw�j9ecker, Jr., Trustee NATURE Karen F. Becker, Trustee D:\Land Development\Application Forms\Certif. Of Merger -LD 1530 (10/01) A 144-1* DATE DATE , /Vlry 3, Zia STATE OF CALIFORNIA COUNTY OF Butte AMZ �C L1 On May 3, 2002 before me, Michelle A. Miller, Notary Public personally appeared Edwin A. Becker, Jr. and Karen F. Becker_ ' personally known to me (or proved to 111.0 on the basis of satisfactory evidence) .to be the person(s) whose name(s) is/are subscribed to the witliin instrument and acknowledged to me Ile!slle,'tlley executed the same in his/her; their authorized capacity(ies). and that by his/her/their signatures) on the instrument the persons) or [lie entity uP011 bch llf of which the person(s) acted. executed the instrument. WITNESS my hand and official seal. Signature ITitle of Document Date of Document 011ier signaltires not acknowledged MICHELLE A. MILLER W Commission #1351456 . A a- Notary Public - Califomia Butte County My Comm. Exp. APR, 15, 2006 No. of Pages EXHIBIT "A" DESCRIPTION Parcel 1 All that real property situate in the unincorporated area of the County of Butte, State of California, being a portion of Section 5, Township 17 North, Range 3 East, M.D. M., and more particularly described as follows: The Northeast quarter of the Northwest quarter of said Section 5, lying west of the right of way of the Northern Electric Railway Company and extending to the center of the Oroville-Gridley Highway on the north of said tract. EXCEPTING THEREFROM the following described parcel: All that real property situate in the unincorporated area of the County of Butte, State of California, being a portion of Section 5, Township 17 North, Range 3 East, M.D. M., and more particularly described as follows: Commencing at the intersection of the southerly right of way line of the Oroville-Gridley Highway and the west line of the Right of Way Line of the Northern Electric Railway Company, thence along said west line South 00° 16'52" West 228.98 feet, thence leaving said West line westerly and parallel to the centerline of Oroville-Gridley Highway South 89° 37'10" West 274.07 feet to the true point of beginning for the herein described parcel, thence continuing South 89° 3710" West 222.31 feet, thence North 00° 33'23" East 229.00 feet to a point on the south line of Oroville-Gridley Highway, thence along the south line of Oroville-Gridley Highway North 89° 37'10" East 222.31 feet, thence South 00° 33'23" West 229.00 feet to the point of beginning; said parcel contains 1.17 acres more or less. EXCEPTING THEREFROM the following described parcel: All that real property situate in the unincorporated area of the County of Butte, State of California, being a portion of Section 5, Township 17 North, Range 3 East, M.D. M., and more particularly described as follows: Beginning at the intersection of the southerly right of way line of the Oroville-Gridley Highway and the west line of the Right of Way of the Northern Electric Railway Company, thence along the said west line South 00° 16'52" West 228.98 feet, thence leaving said West line westerly and parallel to the centerline of Oroville-Gridley Highway South 89° 37'10" West 274.07 feet, thence North 00° 33'23" East 229.00 feet to a point on the south line of Oroville-Gridley Highway, thence along the south line of Oroville-Gridley Highway North 89° 37'10" East 272.97 feet to the point of beginning; said parcel contains 1.44 acres more or less. The Basis of Bearings for this description is the Centerline of Oroville-Gridley Highway taken as North 89° 3710" East per that Record of Survey recorded in Book 101 of Maps at Page 70. All new structures must meet the fire safe requirements of Public Resources Code 4290, and all Butte County Codes in effect at the time of Building Permit. EXHIBIT "B" DESCRIPTION Parcel 2 All that real property situate in the unincorporated area of the County of Butte, State of California, being a portion of Section 5, Township 17 North, Range 3 East, M.D. M., and more particularly described as follows: Commencing at the intersection of the southerly right of way line of the Oroville-Gridley Highway and the west line of the Right of Way Line of the Northern Electric Railway Company, thence along said west line South 000 16'52" West 228.98 feet, thence leaving said West line westerly and parallel to the centerline of Oroville-Gridley Highway South 89° 37'10" West 274.07 feet to the true point of beginning for the herein described parcel, thence continuing South 89° 37'10" West 222.31 feet, thence North 00° 33'23" East 229.00 feet to a point on the south line of Oroville-Gridley Highway, thence along the south line of Oroville-Gridley Highway North 89° 37'10" East 222.31 feet, thence South 00° 33'23" West 229.00 feet to the point of beginning; said parcel contains 1.17 acres more or less. The Basis of Bearings for this description is the Centerline of Oroville-Gridley Highway taken as North 89° 37'10" East per that Record of Survey recorded in Book 101 of Maps at Page 70. All new structures must meet the fire safe requirements of Public Resources Code 4290, and all Butte County Codes in effect at the time of Building Permit. v EXHIBIT "C" DESCRIPTION Parcel 3 All that real property situate in the unincorporated area of the County of Butte, State of California, being a portion of Section 5, Township 17 North, Range 3 East, M.D. M., and more particularly described as follows: Beginning at the intersection of the southerly right of way line of the Oroville-Cradley Highway and the west line of the Right of Way of the Northern Electric Railway Company, thence along the said west line South 00° 16'52" West 228.98 feet, thence leaving said West line westerly and parallel to the centerline of Oroville-Gridley Highway South 890 37'10" West 274.07 feet, thence North 000 33'23" East 229.00 feet to a point on the south line of Oroville-Gridley Highway, thence along the south line of Oroville-Gridley Highway North 89° 37'10" East 272.97 feet to the point of beginning; said parcel contains 1.44 acres more or less. The Basis of Bearings for this description is the Centerline of Oroville-Gridley Highway taken as North 890 37110" East per that Record of Survey recorded in Book 101 of Maps at Page 70. All new structures must meet the fire safe requirements of Public Resources Code 4290, and all Butte County Codes in effect at the time of Building Permit. 03/2_7/2003 09:05 5308466188 ED BECKER. Real Estate • Sales & Leasing Land & Investment Properties 530-846-6184- Fax 330-846,618$ 1490 Hwy 99. Suite A - Gridley, CA 95948 Thursday, March 27, 2003 ED BECKER , PAGE 01/01 BOARD OF SUPERVISORS Marion Reeves Assistant Clerk of the Board Butte County Board of Supervisors 25 County Center Drive Oroville CA 95965 Via facsimile 530 538 7120 Hard copy to follow Re: Public heatng—Use pest Appeal File No. UP 02-19 APN 024 040 054 Ms. Reeves 0 Please withdraw my appeal for the above matter. Sincely, Ed Becker Cc: Supervisor Curt Josiassen MAR 2 7 2003 OROVILLE, CALIFORNIA BUTTE COUNTY APR - 2 2003 DEVELOPMENT SERVICES •�'""�' BOARD PF SUPERVISORS Mot ADMINISTRATION CENTER ..Qo•s 25 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965 TELEPHONE: (916) 538-7224 December 11, 2002 Ed Becker 1490 Highway 99, Suite A Gridley, CA 95948 RE: Public Hearing - Use Permit Appeal File No. UP 02-19 - APN 024-040-054 Mr. Becker: CURT JOSIASSEN, Chair Fourth District R. J. BEELER First District JANE DOLAN Second District MARY ANNE HOUX Third District KIM YAMAGUCHI Fifth District At its meeting of December 10, 2002, the Butte County Board of Supervisors continued the above - referenced hearing to February 11, 2003, at 10:30 a.m. The continued hearing will be held in the Board of Supervisors Chambers, 25 County Center Drive, Oroville. If you plan to submit information to the Board and all agenda packets, you will need to provide a reproducible copy of the information to the Clerk of the Board by February 3, 2003. If you plan to submit information during the hearing, we request that you submit 8 copies of each item you are submitting. Also, please be aware that any information submitted during the course of the hearing, including photographs, maps, video tapes, audio tapes, or written material, will become part of the public record for that matter and will be retained by the Clerk of the Board. If you have any questions, please do not hesitate to contact me at 530-538-7643. Thank you. Sincerely, 4es Assistant filer of the Board /mr Development Services BUTTE COUNTY low CLE OF THE BOARD USE ONLY BOARD OF SUPERVISORS MEETING DATE: AGENDA TRANSMITTAL AGENDA ITEM: Appeal of a Planning Commission denial of a Use Permit for Ed Becker, UP AGENDA TITLE: 02-19, APL 03-02 DDS, DATE: 10/22/02 MEETING DATE 11/12/02 DEPARTMENT: Planning REQUESTED: REGULAR x CONSENT Craig PHONE: 7603 CONTACT: Sanders DEPARTMENT SUMMARY AND REQUESTED BOARD ACTION: See attached. AGENDA ITEM SUBMITTALS REQUIRE THE ORIGINAL (1) IN A FORMAT THAT CAN BE REPRODUCED BY STANDARD OFFICE EQUIPMENT ATTACH EXPLANATORY MEMORANDUM AND OTHER BACKGROUND INFORMATION AS NECESSARY Budgetary Impact: Yes No X CAO OFFICE USE ONLY If yes, complete Budgetary Impact Worksheet on back Budget Transfer Requested: Yes No x Administrative Office Review If yes, complete Budget Transfer Request Worksheet on back. Administrative Office Staff Contact (Deadline is one business day prior to normal agenda deadline.) 4/5/s Vote Required: Yes: _ No: Will Proposal Require an Agreement: Yes No x Auditor -Controller's Number (if Date Received by Clerk of the Board: required): County Counsel's Approval: Yes No x Will Proposal Require Additional Personnel: Yes No x _ Number of Permanent: Temp Extra Help Previous Board Action Date: 7/9/02 Additional Information Attached: Yes x No Describe: memo Rev. 06/02 Applicant/Appellant: Ed Becker, An appeal of a Planning Commission denial of a Use Permit to remove development restrictions imposed by Use Permit 83-42 on the remaining property of a Homesite Segregation on property zoned A-10 (Agricultural — 10 acre parcels). The property is located on the south side of East Gridley Road, approximately 1,100 feet west of Larkin Road, Gridley area. APN 024-040-054 (CS) (APL 03-02/UP 02-19 ACTIONS FOR CONSIDERATION: Staff recommends that the Board of Supervisors take the following actions: I. Deny the request for a Use Permit to remove development restrictions imposed by Use Permit 83-42 on the remaining property of a Homesite Segregation subject to the following findings: A. The General Plan designation and zoning designation for the subject site has not changed since Use Permit 83-42 was approved. B. Though the requisite 10 years have passed since the recordation of covenant to restrict the development of the land, the circumstances of the property and surrounding area have not changed. 1. The property is still being used for agricultural purposes as evidenced by the orchard on-site. 2. The character of the surrounding area has not changed significantly since the approval of Use Permit 83-42. No new parcels have been created in the surrounding area and no properties have been rezoned. 3. The amount of orchard acreage in the area has remained the same or has increased since the approval of the homesite segregation. K:\PROJECTS\UPC\BECKER\bordagenda.doc ■ BUTTE COUNTY BOARD OF SUPERVISORS ■ AGENDA REPORT 0 PAGE 1 0 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA REPORT - NOVEMBER 12, 2002 Applicant: Ed Becker File #: APL 03-02/UP 02-19 Request: An appeal of a Planning approximately 1,100 feet west of Larkin Road, Gridley area. Parcel Size: 14.07 acres Planner: Craig Sanders Supervisor District: 4 Attachments: Commission denial of a Use General Plan/Zoning Map Permit to remove Vicinity Map development restrictions Agreement imposed by Use Permit 83-42 PlanningCommission Agenda on the remaining property of Report/Minutes a Homesite Segregation. G.P.: Orchard and Field Crops Zoning: Agricultural 10 -acre minimum parcel size - June 29, 1982 APN: 024-040-054 Location: Located on the south side of East Gridley Road, approximately 1,100 feet west of Larkin Road, Gridley area. Parcel Size: 14.07 acres Planner: Craig Sanders Supervisor District: 4 Attachments: A. General Plan/Zoning Map B Vicinity Map C. Agreement D. PlanningCommission Agenda Report/Minutes E. Site Plan SUMMARY: This is an appeal of a Planning Commission denial of a Use Permit to remove development restrictions from a remaining agricultural parcel from a Homesite Segregation approved in 1984. Pursuant to Section 24-45.30 the Board hearing shall be conducted de novo, provided that all applications, papers, maps, exhibits and staff recommendations made or presented to the Planning Commission may be considered by the Board. Staff recommends denial of this project subject to the findings contained herein. PROJECT DESCRIPTION/SITE CHARACTERISTICS: This is an appeal of a Planning Commission denial for a Use Permit to terminate the Conveyance of Development Rights and Open Area Easement of a homesite segregation agreement. The Use Permit allowing the homesite segregation was approved by the Planning Commission on September 1, 1983. The Conveyance of Development Rights and Open Area Easement ("Agreement") was recorded on February 16, 1984. The terms of the Agreement allowed the creation of a 1.4 -acre residential parcel and a 14.1 -acre agricultural parcel. The 1.4 -acre parcel was already developed with a dwelling unit, and the 14.1 -acre parcel could only be utilized for agricultural purposes. Both parcels were created by a subsequent parcel map. Termination of the Agreement would allow the 14.1 -acre parcel to be developed with a new single family dwelling unit and accessory structures. 0 BUTTE COUNTY BOARD OF SUPERVISORS 0 AGENDA REPORT 0 PAGE 1 0 As executed, the Use Permit and Agreement are in force for a minimum of ten years from the time of recording the Agreement and continue until an application is approved for termination or partial termination of the Agreement. The ten-year period ended on February 16, 1994. A copy of the Agreement is attached. According to its terms, the Agreement could be terminated only upon the occurrence of any of the following events: • The property is rezoned to any other zone. • At least ten (10) years has elapsed from date of recordation, and the Planning Commission finds circumstances regarding the property and other properties in the area have changed sufficiently to reconsider the restriction. New homesite segregations are no longer allowed in the County. The Board of Supervisors, in approving the Agricultural Element of the General Plan on May 9, 1996, discontinued agricultural segregations for homesites (Agricultural Element, Goal 3, Policy 3.3, page AE -13). Site Characteristics The agricultural parcel is planted with English Walnuts and persimmons. The orchard is mature and appears to be in fair condition. No other agricultural uses have been established on the property. The soils on the site have a Soil Conservation Service Classification of II, which are considered prime agricultural soils. Surrounding and nearby parcels ranges in size from 0.27 to 50+ acres, with the average size within'/4 mile of approximately 14 acres. Land uses on the surrounding and nearby parcels are dwellings at rural residential densities with a mixture of orchards. The majority of the parcels in the area are developed with a dwelling unit. The property is not located within the City of Gridley Sphere of Influence. PLANNING COMMISSION ACTION: The Planning Commission heard this application on July 11, 2002. The applicant acknowledged that little change had occurred in the area, but felt that the need for housing in the Gridley area had changed. The Commission on a 3 -1 vote found that there was insufficient change to warrant granting approval. ANALYSIS: In order for the Board to approve this project, one of two events must have occurred since the original approval: the property has been rezoned; or ten (10) years have elapsed from date of recordation of the covenant and the circumstances regarding the property and other properties in the area have changed sufficiently to reconsider the development restriction. The property has not been rezoned, therefore the Board must make the findings under the second criteria. The requisite 10 years has passed, but both staff and the Planning Commission were unable to make the finding that the circumstances regarding the property and other properties in the area have changed sufficiently to consider lifting the restriction. ■ BUTTE COUNTY BOARD OF SUPERVISORS 0 AGENDA REPORT ■ PAGE 2 ■ It appears that little has changed with respect to the circumstance of the site. The orchard has not been removed nor does it appear to be failing. The walnut trees are relatively young and are in good health. Other orchards exist in the area including immediately south, west, and north of the subject property. Approximately 80 acres of new walnuts have been recently planted about'/4 mile to the east of the project site. The neighborhood has remained essentially the same since the approval of the homesite segregation Use Permit. No new land divisions have been approved in the area since the approval of the homesite segregation. No properties in the area have been rezoned. Based on the above information, staff believes that a significant change in the land uses in the area has not occurred since the Agreement was approved. ACTIONS FOR CONSIDERATION: Staff recommends that the Board of Supervisors take the following actions: I. Deny the request for a Use Permit to remove development restrictions imposed by Use Permit 83-42 on the remaining property of a Homesite Segregation subject to the following findings: A. The General Plan designation and zoning designation for the subject site has not changed since Use Permit 83-42 was approved. B. Though the requisite 10 years have passed since the recordation of covenant to restrict the development of the land, the circumstances of the property and surrounding area have not changed. 1. The property is still being used for agricultural purposes as evidenced by the orchard on-site. 2. The character of the surrounding area has not changed significantly since the approval of Use Permit 83-42. No new parcels have been created in the surrounding area and no properties have been rezoned. 3. The amount of orchard acreage in the area has remained the same or has increased since the approval of the homesite segregation. K:\PROJ ECTSW PC\B ECKER\bordagenda.doc 0 BUTTE COUNTY BOARD OF SUPERVISORS 0 AGENDA REPORT 0 PAGE 3 0 11 TABLE OF CONTENTS Board Transmittal Form Board Agenda Report Attachment A: General Plan/Zoning Map Attachment B: Vicinity Map Attachment C: Agreement • PAGE 1 2 3 Attachment D: Planning Commission Agenda Report/Minutes 6 Attachment E: Site Plan 11 UP 02-19 024-040-054 ' OttIC;�: e1fCAf'�< CONVEYANCE OF DEVELOPMENT RIGHTS q':tTt. `Ovate -c+•.' a COItRb OR SuP�aY11101t� AND OPEN AREA EASEMENT FE6 Ltt►n.i.� This Conveyance of Development Rights and Open Area iiasement, mad�EE CIA this ,L day cf r 19, . , by and between6- as Grantor(s) in consideration of the approval of a use permit do(es) hereby grant to the COUNTY OF BUTTE, as Grantee, hereinafter referred to. as County, the development rights hereinafter set forth for the term and subject to the covenants and conditions set forth below in the property described in Exhibit "A" ns Parcel 2, attached hereto and made a part thereof, for the express purpose of maintaining such property for agricul- tural use and as open area. 3 R 1: C 1 •1• A L S WHEREAS, pursuant to the County's General I'lan, the County has determined that the property of Grantor(s) described in Exhibit "A" is agricultural land constit, ting a natural resource of Butte County; :end i F IMEREAS, the County's General 111nn sets forth a Policy of Protecting the Agricultural Production Capability of Agricultural lands, and the maintenance and conservation of this natural resource; and !: E WIIEREAS, in furtherance of such policy, the Cuunty I;as zoned the C"C property described in Exhibit "A" to :in Agricultural 70,10; :1 t' ! iVI1EREAS, Grantor(s) dcsirc(s) to create a lot for the purpose of a single family residence thercoa, such lot being described as h Rmaintaining Parcel 1, in said Exhibit "A"; and �y 1 WHEREAS. Grantor(s) has (have) applied for and been granted approval -• of the use permit pursuant to the provisions of the Itutte County Section 00 2 24-54 to permit the maintenance of such residence thereon: and 3 WHEREAS, in order to preserve and maintain the agricultural purposes of the Agricultural Zone in which the properties described in Exhibit,"A". are located, and to maintain the consistency of said zone with the polie:es sot forth in the County's General Plan, it is necessary and desirable that Grantor(s) convey to the County the right to construct additional residences on the property described in Exhibit "A" as Parcel 2; and i:dEREAS, it is the intent of the Grantor(s) and the purpose of this grant of development rights to allow the Grantor(s) to maintain a residence on the lot described as Parcel 1 on Exhibit "A" and prohibit the maintenance of residences on the property described in Exhibit "A" as Parcel 2 so as to neither increase nor decrease the number of residences permitted by the zone in whizb the said properties are located. THEREFORE, in consideration of the approval of the use permit granting permission to Grantor(s) to maintain a single family residence on Parcel 1 for the purpose of maintaining Parcrl 2 as open area for agricultural pur- poses, Grantor(s) grant(s) to the County an Open Area liasement with Grantor(s) and their successors' right to construct and maintain any residential uses on the property described in Exhibit "A" as Parcel 2 subject to the following terms and conditions: 1. Grantor(s) reserve(s) the right to construct or maintain any agri- cultural buildings or to use Parcel '- for any agricultural uses otherwise permitted by ordinances duly adopted by the County; or ordinances hereinafter adopted by the County to regulate the use of tho property described as Parcel 2, except any rights to construct or maintain any accessory buildings, W subject to any regulations or limitations set forth in any such ordinznces.(V F� K T r 11 0 2. Nothing in this instrument shall be construed to affect the right sof Graator(s) to lay,•operato, maintain, repair, or remove water and sewer:'... :. �. t�ti-� �' M1 u Jy�:.' .,:: i�, {�� ,•l. K.�- S :r:.. 's. f a�.•�:�'.•It. ... _ ''J �.. , 'pipe'.lines','conduits,� or drains below the surface of the arca described in:t,K' Exhibit "A`!;•as"Parcel 2 insofar as such activities are not incidental to, establishing'any.'residential use of.•said area, and are not in conflict with..... the provisions.. of this Grant.y 3. •This^.grant of development rights shall not be construed to permit the publie'to''entor upon the properties described in Exhibit "A" for any purpose whatsoever. - 4. This casement and grant of development rights shall terminate and the rights granted to the County hcr••• i •- shall revert to Grantor(s) upon the occurrence of any of Lite following events: a. The property is rezoned to any other zone; or b. At least ten (10) years ltas elapsed from date of recordation, and the Commission finds circumstances regarding said property and other properties in the arca have changed sufficiently to reconsider the restriction. S. Grantors) agrees) that this document may be recorded in the Butte County Recorder's Office. IN WITNESS WHEREOF, The Grantor(s) has (have) caused these presents to be executed as of the day and year first above written. 12 GRANTOR(s) 1 T 1 � ATTACH NOTARY PUBLIC VERIFICATION GENERAL ACKNOWLEDGMENT Mo.lO1 State of California On this the 21stday of 3eptemtr.r 19�.bCloreme, SS. County of Butte _Prinn Lance Ttenson :he undersigned Notary Public, personally appeared ------------------ - j : ; BENSON t>.+f' •�/ •__..., t::.t;yatl Aup.l.lou dwin G._13 kPr end I.aomi FeC,�pl M personally known to me ❑ proved tome on the basis of satislactory evidence to be the person/,$) whose name(e) werz _ subscribed to the within Instrument, and r)gknowledged that thej( _e.ecu!ed It. IT S my ban an I,clal 1j Imo. �}-�j 5 BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT — August 8, 2002 Applicant: Ed Becker File #: UP 02-19 Request: A Use Permit to remove development restrictions imposed by Use Permit 83-42 on the remaining property of a Homesite Segregation. G.P.: Orchard and Field Crops Zoning: Agricultural 10 -acre minimum parcel size - June 29, 1982 APN: 0 024-040-054 Location: Located on the south side of East Gridley Road, approximately 1,100 feet west of Larkin Road, Gridley area. Parcel Size: 14.07 acres Planner: Supervisor District: Craig Sanders 4 Attachments: A. Vicinity Map B General Plan/Zoning Map C. Agreement D. Site Plan SUMMARY: Staff recommends denial of this project subject to the findings contained herein. PROJECT DESCRIPTION/SITE CHARACTERISTICS: This is an application for a Use Permit to terminate the Conveyance of Development Rights and Open Area Easement of a homesite segregation agreement. The Use Permit allowing the homesite segregation was approved by the Planning Commission on September 1, 1983. The Conveyance of Development Rights and Open Area Easement ("Agreement") was recorded on February 16, 1984. The terms of the Agreement allowed the creation of a 1.4 -acre residential parcel and a 14.1 -acre agricultural parcel. The 1.4 -acre parcel was already developed with a dwelling unit, and the 14.1 - acre parcel could only be utilized for agricultural purposes. The Agreement granted residential development rights on the 14.1 -acre parcel to the County. Both parcels were created by a subsequent parcel map. Termination of the Agreement would allow the 14.1 -acre parcel to be developed with a new single family dwelling unit and accessory structures. As executed, the Use Permit and Agreement are in force for a minimum of ten years from the time of recording the Agreement and continue until an application is approved for termination or partial termination of the Agreement. The ten-year period ended on February 16, 1994. A copy of the Agreement is attached. ■ BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT 0 PAGE 1 ■ • According to its terms, the Agreement could be terminated only upon the occurrence of any of the following events: The property is rezoned to any other zone. At least ten (10) years has elapsed from date of recordation, and the Planning Commission finds circumstances regarding the property and other properties in the area have changed sufficiently to reconsider the restriction. New homesite segregations are no longer allowed in the County. The Board of Supervisors, in approving the Agricultural Element of the General Plan on May 9, 1996, discontinued agricultural segregations for homesites (Agricultural Element, Goal 3, Policy 3.3, page AE -13). Site Characteristics The agricultural parcel is planted with English Walnuts and persimmons. The orchard is mature and appears to be in fair condition. No other agricultural uses have been established on the property. The soils on the site have a Soil Conservation Service Classification of H, which are considered prime agricultural soils. Surrounding and nearby parcels ranges in size from 0.27 to 50+ acres; with the average size within'/4 mile of approximately 14 acres. Land uses on the surrounding and nearby parcels are dviellings at rural residential densities with a mixture of orchards. The majority of the parcels in the area are developed with a dwelling unit. The property is not located within the City of Gridley Sphere of Influence. ANALYSIS: In order for the Commission to consider approval of this Use Permit, one of two events must have occurred. These are the property has been rezoned; or at least ten (10) years have elapsed from date of recordation of the covenant and the Planning Commission finds circumstances regarding the property and other properties in the area have changed sufficiently to reconsider the development restriction. As the property has not been rezoned, the Commission must make the second finding in order to approve this request. As the requisite time period has passed, the only remaining finding needed is that the circumstances regarding the property and other properties in the area have changed sufficiently to reconsider the restriction. Examining the subject property first, it appears that little has changed with respect to the circumstance of the site. The orchard has not been removed nor does it appear to be failing. The walnut trees are relatively young and are in good health. Other orchards exist in the area including immediately south, west, and north of the subject property. Approximately 80 acres of new walnuts have been recently planted about 1/4 mile to the east of the project site. The neighborhood has remained essentially the same since the approval of the homesite segregation Use Permit. No new land divisions have been approved in the area since the approval of the homesite segregation. No properties in the area have been rezoned. Based on the above information, staff believes that a significant change in the land uses in the area has not occurred since the Agreement was approved. 0 BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT 0 PAGE 2 ■ %I ACTIONS FOR CONSIDERATION: Staff recommends that the Planning Commission take the following actions: I. Deny the request for a Use Permit to remove development restrictions imposed by Use Permit 83-42 on the remaining property of a Homesite Segregation subject to the following findings: A. The General Plan designation and zoning designation for the subject site has not changed since Use Permit 83-42 was approved. B. Though the requisite 10 years have passed since the covenant to restrict the development of the land, the circumstances of the property and surrounding area have not changed. The property is still being used for agricultural purposes as evidenced by the orchard on-site. 0 2. The character of the surrounding area has not changed significantly since the approval of Use Permit 83-42. No new parcels have been created in the surrounding area and no properties have been rezoned. 3. The amount of orchard acreage in the area has remained the same or has increased since the approval of the homesite segregation. K:\PROfECTS\UPC\BECKER\beckeragenda.doc 0 BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT 0 PAGE 3 ■ N6 Ed Becker, Use Permit to remove development restrictions imposed by Use Permit 83-42 on the remaining property of a Homesite Segregation on property zoned A-10 (Agricultural — 10 -acre parcels). The property is located on the south side of East Gridley Road, approximately 1,100 feet west of Larkin Road, Gridley area. APN 024-040-054 (CBS) (UP 02-19) Mr. Durling gave a brief background summary of this project. He said that staff is recommending denial. Commissioner Marin asked staff to explain the homesite segregation process. Mr. Durling explained the process stating that homesite segregations are no longer allowed with the adoption of the Agricultural Element. There was a brief discussion. Commissioner Leland said the Commission needs to look at this as to whether things have changed enough to warrant the cancellation of the covenant. Commissioner Nelson explained what the intent was when the homesite segregation process was established. Commissioner Lambert was opposed to approving this request. Mr. Sanders said the first parcel was created before the zoning was in place, and the homesite was created later. Commissioner Lambert said she does not want the restriction removed, but if this is approved she would want the agricultural setbacks imposed on the parcel. Mr. Sanders said that if this project is approved, the Commission would need to do a Motion of Intent for staff to bring back findings and a condition for the setbacks. Commissioner Lambert said she could not find that there has been a significant change in the area to warrant deleting the restriction. Commissioner Nelson agreed that there has been no change in the zoning or the General Plan for this area. Commissioner Leland discussed focusing development in residential areas and not in agricultural areas. The hearing was opened to the public. Ed Becker said there have been changes in the area, sufficient changes to warrant this request. He said he would like to build a new home on the agricultural parcel. He said that there are 36 single family residences within one mile of his house. He asked that his request be approved. Commissioner Lambert commented that sufficient change has not occurred. ■ BUTTE COUNTY PLANNING COMMISSION m MINUTES ■ JULY 1 t,2002:ii PAGE 2 ■ Mr. Becker said that there have been changes in the reality of trying to find a place to build a new home in Gridley. He said there is a finding under the Agricultural Element that farmers need to be able to build a house on their property. Commissioner Leland informed Mr. Becker that he could not make the finding of sufficient change in the area. The hearing was closed. Commissioner Marin felt that there was sufficient change to grant the request. It was moved by Commissioner Leland, seconded by Commissioner Nelson, and carried to deny the request for a Use Permit by Ed Becker by the following vote: AYES: Commissioner Leland, Nelson, and Vice Chairman Lambert NOES: Commissioner Marin ABSENT: Chairman Mooney ABSTAINED: No one ■ BUTTE COUNTY PLANNING' COMMISSION i MINUTES ■ JULY 11, 2002 _PAGE -3 ■ TABLE OF CONTENTS Board Transmittal Form Board Agenda Report Attachment A: General Plan/Zoning Map Attachment B: Vicinity Map Attachment C: Agreement PAGE 1 2 3 Attachment D: Planning Commission Agenda Report/Minutes 6 Attachment E: Site Plan 11 r •� Bm BOARD tF SUPERVISORS CURT JOSIASSEN, Chair Fourth District ' ADMINISTRATION CENTER R. J. BEELER 25 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965 First District TELEPHONE: (916) 538-7224 JANE DOLAN Second District MARY ANNE HOUX Third District KIM YAMAGUCHI Fifth District November 14, 2002 Ed Becker 1490 Highway 99, Suite A Gridley, CA 95948 RE: Public Hearing - Use Permit Appeal File No. UP 02-19. - APN ,024-040-054 Mr. Becker: At its meeting of November 11, 2002, the Butte_ County Board of Supervisors continued the above - referenced hearing to December 10, 2002, at 10:45 a.m. The continued hearing will be held in the Board of Supervisors Chambers, 25 County Center Drive, Oroville. If you plan to submit information to the Board and all agenda packets, you will need to provide .a reproducible copy of the information to the Clerk of the Board by December 2, 2002. If you plan to submit information during the hearing, we request that you submit 8 copies of each item you are submitting. Also, please be aware that any information submitted during the course of the hearing, including photographs, maps, video tapes, audio tapes, or written material, will become part of the public record for that matter and will be retained by the Clerk of the Board. If you have any questions, please do not hesitate to contact me at 530-538-7643. Thank you. Sincerely, C� anon R ve Assistant le of the Board /mr %c: Development Services NOV 15 2002 ]1 BUTTE COUNTY PLANNING DIVISION �8UA --`� CURT JOSIASSEN, Chair BOARD OF SUPERVISORS { �si Fourth District ADMINISTRATION CENTER R. J. BEELER 25 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965 First District TELEPHONE: (916) 538-7224 JANE DOLAN Second District MARY ANNE HOUX Third District KIM YAMAGUCHI Fifth District September 19, 2002 Ed Becker 1490 Highway 99, Suite A Gridley, CA 95948 RE: Public Hearing - Use Permit Appeal File No. UP 02-19 - APN 024-040-054 Mr. Becker: Pursuant to our phone conversation, I have rescheduled the above -reference hearing from October 8, 2002, to November 12, 2002. The hearing time remains 10:30 a.m. The hearing- will be conducted in the Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville. If you plan to submit information to the Board and all agenda packets, you will need to provide a reproducible copy of the information to the Clerk of the Board by November 4, 2002. If you plan to submit information during the hearing, we request that you submit 8 copies of each item you are submitting. Also, please be aware that any information submitted during the course of the hearing, including photographs, maps, video tapes, audio tapes, or written material, will become part of the public record for that matter and will be retained by the Clerk of the Board. If you have any questions, please do not hesitate to contact me at 530-538-7643. Thank you. Sincerely, on Reeve Assistant Clerk o the Board /mr —,e6'—Development Services . Supervisor Curt Josiassen ED BECKER Real Estate • Sales & Leasing Land & Investment Properties 530-846-6184• Fax 530-846-6188 1490 Hwy 99, Suite A • Gridley, CA 95948 Wednesday, August 14, 2002 Clerk of the Board of Supervisors 25 County Center Drive Oroville CA 95965 Re: Use Permit, AP 024-040-054, UP 02-19 Clerk, I request to appeal the findings of the Butte County Planning Commission at their regular meeting held August 8, 2002 where my request to remove development restrictions placed on a parcel by Use Permit 83-42 as a part of a home site segregation approval, was denied/denied without prejudice. I have enclosed a check in the amount of $50.00 fore the appeal fee. I will be unable to attend the regular meeting of September 24'" and ask for a date prior to then or at the October 8`" or subsequent dates if possible. Thank you for your consideration -in this matter. Sincere , Ed Becker ND EC E � WE FAUG 2 3 2002 D BUTTE COUNTY PLANNING DIUISK COUNTY OF BUTTE 358126 OFFICIAL RECEIPT OFFICE OR DEPARTMENT ISSUING RECEIPT Received from _ The Sum of , For Received By Received: Flo �l�P�%2 ❑ Titlef,,101,CASH CHECK �' By JCO BUSINESS FORMS • (916) 7a&8511 t • BOARD OF SUPERVISORS CURT JOSIASSEN, Chair Fourth District ADMINISTRATION CENTER R. J. BEELER 25 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965 First District TELEPHONE: (916) 538-7224 JANE DOLAN Second District MARY ANNE HOUX Third District KIM YAMAGUCHI Fifth District August 20, 2002 Ed Becker 1490 Highway 99, Suite A Gridley, CA 95948 RE: Public Hearing - Use Permit Appeal File No. UP 02-19 - APN 024-040-054 Mr. Becker: This letter is to inform you that the Clerk of the Board of Supervisors has scheduled the above-mentioned hearing for Tuesday, October 8, 2002, at 10:30 a.m. The hearing will be conducted in the Board of Supervisors Chambers, County Administration Building, 25 County Center Drive, Oroville. If you plan to submit information to the Board and all agenda packets, you will need to provide a reproducible copy of the information to the Clerk of the Board by September 24, 2002. If you planto submit information during the hearing, we request that you submit 8 copies of each item you are submitting. Also, please be aware that any information submitted during the course of the hearing, including photographs, maps, video tapes, audio tapes, or written material, will become part of the public record for that matter and will be retained by the Clerk of the Board. If you have any questions, please do not hesitate to contact me at 530-538-7643. Thank you. Sincerely, i M on Reeve Assistant Cl k o the Board /mr ✓cc: Development Services ®CCE WE AUG 2 3 2002 BUTTE COUNTY PLANNING MOON �' Wi ffutte oun LAND. OF NATURAL W E A L T H AND BEAUTY `LS PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 August 9, 2002 Ed Becker 1490 Hwy. 99, Suite A Gridley, CA 95948 Re: Use Permit, AP 024-040-054, UP 02-19 Dear Mr. Becker: At the regular meeting of the Butte County Planning Commission held a meeting on August 8, 2002, your request for a Use Permit to remove development restrictions placed on a parcel by Use Permit 83-42 as part of a homesite segregation approval, was denied/denied without prejudice. Should you desire to appeal this decision you must do so, in writing, with the appeal fee of $50.00 to the Clerk of the Board of Supervisors, 25 County Center Drive, Oroville, California, prior to the expiration of the 10 -day appeal period which is at 5:00 p.m., Monday, August 19, 2002. Should you have any questions regarding this matter, please contact Craig Sanders at this office between 8:00 a.m and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant /lr cc: Land Development Environmental Health CDF Building Division k:\forms\denial.frm u e ount LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530)538-7785 July 18, 2002 Ed Becker 1490 Hwy. 99, Suite A Gridley, CA 95948 Re: Use Permit, AP 024-040-054, UP 02-19 Dear Mr. Becker:: Enclosed is a copy of the Agenda Report concerning your application for a Use Permit to remove development restrictions placed ori a parcel by Use Permit 83-42 as part of a homesite segregation approval east of Gridley on south side of E. Gridley Road approximately 1,100 feet west of Larkin Road, Gridley area. Should you have any concerns with the report or conditions of approval, please contact us in advance of the meeting so that we may work together to resolve your concerns. A public hearing has been set for August 8, 2002, at 9:30 a.m. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. The Planning Commission recommends that the applicant or their authorized representative be present at the hearing to respond to any questions the Commission may have. Should you have any questions regarding this matter, please contact Craig Sanders of this office at 538-7601, between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant Enc. cc: j:\wpdocs\pc1ts\schedu1e.mrg • • 8'1— 4596 :l orrR::p: AECQf^`• CONVEYANCE 01: DEVELOPMENT RIGHTS C0iR6 OP GUPfSRV1d0Rs AND OPEN AREA EASEMENT FEB p1t1 ' ill/n.i•« '•' ' This Conveyance of Development Rights and Open Area Easement, mad&EE this ,L day cf,4�j ^&4) ,/ 193 .3 , by and betweenC. as Grantor(s) in consideration of the approval of a use permit do(es) hereby grant to the COUNTY OF BUTTE, as Grantee, hereinafter referred to as County, the development rights liercinnfter set forth for the term and subject to the covenants and conditions set forth below in the property described in Exhibit "A" as Parcel 2, attached hereto and made a part thereof, for the express purpose of maintaining such property for agricul- tural use and as open area. R F C 1 'I' A L S: WHEREAS, pursuant to the County's General Plan, the County has determined that the property of Grantor(s) described in Exhibit "A" is agricultural land constit,:ting a natural resource of Butte County; and WHEREAS, the County's General 111:m sets forth a Policy of Protecting the Agricultural Production Capability of Agricultural lands, and the maintenance and conservation of this natural resource; and WHEREAS, in furtherance of such policy, the Cuunty 11Z-1 zoned the property described in Exhibit "A" to an Agricultural ZOne; and WHEREAS, Grantor(s) desires) to create a lot for the purpose of f maintaining a single family residence thercoa, such lot being described as Parcel 1, in said Exhibit "A"; and F� WHEREAS, Grantor(s) has (stave) applied for and been granted approval of the use permit pursuant to the provisions of the Ituttc County Section 14:111,r ut 24-54 to permit the maintenance of such residence thereon; and • ?te r 4w y�1.Fs ^ .,�,i�t.�� ��:�it•iSi'hl y'v?'l .t.;.�•....77.N .Y•• ;.... y�xr , "s rq•�-y r ,.. • +., WHEREAS, in order to preserve and maintain the agricultural purposes;,; of the Agricultural Zone in which the properties described in Exhibit•"A"'.'. are located, and to maintain the consistency of said zone with the policies set forth in the County's General Plan, it is necessary and desirable that Grantor(s) convey to the County the right to construct additional residences on the property described in Exhibit "A" as Parcel 2; and ;•:NERiiAS, it is the intent of the Grantor(s) and the purpose of this grant of development rights to allow the Grantor(s) to maintain a residence on the lot described as Parcel 1 on Exhibit "A" and prohibit the maintenance of residences on the property described in Exhibit "A" as Parcel 2 so as to neither increase nor decrease the number of residences permitted by the zone in whiz), the said properties are located. THEREFORE, in consideration of the approval of the use permit granting permission to Grantor(s) to maintain a single family residence on Parcel 1 for the purpose of maintaining Parcel 2 as open area for agricultural pur- ,poses, Grantor(s) grant(s) to the County an Open Arca Easement with Grantor(s) and their successors' right to construct and maintain any residential uses on the property described in Exhibit "A" as Parcel 2 subject to the following terms and conditions: 1. Grantor(s) reserve(s) the right to construct or maintain any agri- cultural buildings or to use Parcel 2 for any agricultural uses otherwise permitted by ordinances duly adopted by the County; or ordinances hereinafter a6opted by the County to regulate the use of the property described as Parcel 2, except any rights to construct or maintain any accessory buildings, w subject to any regulations or limitations set for_h in any such ordin-ances.o (V N L710 K m C" 2. •Nothing in this instrument shall be construed to affect the right ;nx, •�;+a�•`+SA�'x� x Yt; ., �'.. r i t� �,;, ° i �:a " y ,,. , .�ysc• �.✓•...:+.. .,; ,r + t+ .� y�.�v of �to lay Grantor(s),}opgrate,,tmaintain. repair,ror remove water,andtsewaY �,+�.,�"�r r`F$.i y,;:�:�j i r it•,' L,1�� si'S.•-'.�`:th . t r'�'��!1• �. .r '�"�'•i{+ V7 pipe,lines`;''conduits 'or'draiti§ below the' surface of the arca destcriliedritll Exhibit! "A'� as; Parcel 2 insofar as Stich activities are not incidental? to'"' establishing any, residential use of said area, andnot in conflict,Kith S ♦f'��,,. t . 1�•.a!�t'�•*. � �.�.�• +'-a. '.t •i r � � cy.. tS'r?s��t'' A{1•�,d` .i. �tne provisions^of this Grant 'r ' �" ��j•'''' p 3.`I:This grant of development rights shall not be construed -to permits} hik fL the public"to enter upon the properties described in,Exhibit "A" for any�r,,.�N(l • .i .. �,l,:e. i'EY� . si'� , �1 .� fir" ,;;�. ,lit�'�;�.� purpose whatsoever.' 4.,,This casement and grant of development rights shall terminate an the rights granted to the County her..-;,- shall revert to Grantor(s) upon the *.. occurrence of any of the following events: r a. The property is rezoned to any other zone; or 'b. At least ten (10) years has elapsed from date of recordation, and the Commission finds circumstances regarding said property and . other properties in the arca have changed sufficiently to reconsider the restriction. S. 'Grantor(s) agree(s) thar this document may be recorded in the Butte County Recorder's Office. IN WITNESS WHEREOF, The Grantor(s) has ()lave) caused these presents to + be executed as of the day and year first above written. c���✓ T ' GRANTOR(s) ATTACH NOTARY PUBLIC VE•RTFICATIOti ZENERAL ACKNOWLEDGMENT ra. rn State of CeliforniR On this the`istday of September 19a, before me, 55. County of Butte Priayn Lance rtenson :he undersigned Notary Public, personally appeared Edwin . Pecker and I.aomi Pecker � m personally known tome i•'• I ':' :' '_" :' _ BENSON ❑ proved tome on the basis of satisfactory evidence to be the person'*) whose nameas) we rsubscribed to the ,� .•:+•._..:.,•:::.:, 3uy,n �wG. t, 1086 within instrumer.!, and knowiedged that tb_0: execu!ed It. w W%;L!118�nn_. - --- -- - - -- - ----- ----- ....... ..... .. .... ..... ............... . Jr .... ........ :t4 a 9- �i :-X.JC 11 Le�� ' W, �7, ME" 6parcei Requestw for Annroval 9 BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT — August 8, 2002 Applicant: Ed Becker approximately 1,100 feet west of Larkin Road, Gridley area. File #: UP 02-19 SUMMARY: Staff recommends denial of this project subject to the findings contained herein. PROJECT DESCRIPTION/SITE CHARACTERISTICS: This is an application for a Use Permit to terminate the Conveyance of Development Rights and Open Area Easement of a homesite segregation agreement. The Use Permit allowing the hornesite segregation was approved by the Planning Commission on September 1, 1983. The Conveyance of Development Rights and Open Area Easement ("Agreement") was recorded on February 16, 1984. The terms of the Agreement allowed the creation of a 1.4 -acre residential parcel and a 14.1 -acre agricultural parcel. The 1.4 -acre parcel was already developed with a dwelling unit, and the 14.1 - acre parcel could only be utilized for agricultural purposes. The Agreement granted residential development rights on the 14.1 -acre parcel to the County. Both parcels were created by a subsequent parcel map. Termination of the Agreement would allow the 14.1 -acre parcel to be developed with a new single family dwelling unit and accessory structures. As executed, the Use Permit and Agreement are in force for a minimum of ten years from the time of recording the Agreement and continue until an application is approved for termination or partial termination of the Agreement. The ten-year period ended on February 16, 1994. A copy of the Agreement is attached. 0 BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT 0 PAGE 1 0 Parcel Size: 14.07 acres Request: A Use Permit to remove development restrictions Planner: Craig Sanders imposed by Use Permit 83-42 on the remaining property of Supervisor a Homesite Segregation. District: 4 G.P.: Orchard and Field Crops Attachments: A. Vicinity Map Zoning: Agricultural 10 -acre minimum B General Plan/Zoning Map parcel size - June 29, 1982 C. Agreement D. Site Plan APN: 024-040-054 Location: Located on the south side of East Gridley Road, SUMMARY: Staff recommends denial of this project subject to the findings contained herein. PROJECT DESCRIPTION/SITE CHARACTERISTICS: This is an application for a Use Permit to terminate the Conveyance of Development Rights and Open Area Easement of a homesite segregation agreement. The Use Permit allowing the hornesite segregation was approved by the Planning Commission on September 1, 1983. The Conveyance of Development Rights and Open Area Easement ("Agreement") was recorded on February 16, 1984. The terms of the Agreement allowed the creation of a 1.4 -acre residential parcel and a 14.1 -acre agricultural parcel. The 1.4 -acre parcel was already developed with a dwelling unit, and the 14.1 - acre parcel could only be utilized for agricultural purposes. The Agreement granted residential development rights on the 14.1 -acre parcel to the County. Both parcels were created by a subsequent parcel map. Termination of the Agreement would allow the 14.1 -acre parcel to be developed with a new single family dwelling unit and accessory structures. As executed, the Use Permit and Agreement are in force for a minimum of ten years from the time of recording the Agreement and continue until an application is approved for termination or partial termination of the Agreement. The ten-year period ended on February 16, 1994. A copy of the Agreement is attached. 0 BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT 0 PAGE 1 0 According to its terms, the Agreement could be terminated only upon the occurrence of any of the following events: The property is rezoned to any other zone. At least ten (10) years has elapsed from date of recordation, and the Planning Commission finds circumstances regarding the property and other properties in the area have changed sufficiently to reconsider the restriction. New homesite segregations are no longer allowed in the County. The Board of Supervisors, in approving the Agricultural Element of the General Plan on May 9, 1996, discontinued agricultural segregations for homesites (Agricultural Element, Goal 3, Policy 3.3, page AE -13). Site Characteristics The agricultural parcel is planted with English Walnuts and persimmons. The orchard is mature and appears to be in fair condition. No other agricultural uses have been established on the property. The soils on the site have a Soil Conservation Service Classification of Il, which are considered prime agricultural soils. Surrounding and nearby parcels ranges in size from 0.27 to 50+ acres, with the average size within'/4 mile of approximately 14 acres. Land uses on the surrounding and nearby parcels are dwellings at rural residential densities with a mixture of orchards. The majority of the parcels in the area are developed with a dwelling unit. The property is not located within the City of Gridley Sphere of Influence. ANALYSIS: In order for the Commission to consider approval of this Use Permit, one of two events must have occurred. These are the property has been rezoned; or at least ten (10) years have elapsed from date of recordation of the covenant and the Planning Commission finds circumstances regarding the property and other properties in the area have changed sufficiently to reconsider the development restriction. As the property has not been rezoned, the Commission must make the second finding in order to approve this request. As the requisite time period has passed, the only remaining finding needed is that the circumstances regarding the property and other properties in the area have changed sufficiently to reconsider the restriction. Examining the subject property first, it appears that little has changed with respect to the circumstance of the site. The orchard has not been removed nor does it appear to be failing. The walnut trees are relatively young and are in good health. Other orchards exist in the area including immediately south, west, and north of the subject property. Approximately 80 acres of new walnuts have been recently planted about %4 mile to the east of the project site. The neighborhood has remained essentially the same since the approval of the homesite segregation Use Permit. No new land divisions have been approved in the area since the approval of the homesite segregation. No properties in the area have been rezoned. Based on the above information, staff believes that a significant change in the land uses in the area has not occurred since the Agreement was approved. 0 BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT 0 PAGE 2 0 ACTIONS FOR CONSIDERATION: Staff recommends that the Planning Commission take the following actions: I. Deny the request for a Use Permit to remove development restrictions imposed by Use Permit 83-42 on the remaining property of a Homesite Segregation subject to the following findings: A. The General Plan designation and zoning designation for the subject site has not changed since Use Permit 83-42 was approved. B. Though the requisite 10 years have passed since the covenant to restrict the development of the land, the circumstances of the property and surrounding area have not changed. The property is still being used for agricultural purposes as evidenced by the orchard on-site. 2. The character of the surrounding area has not changed significantly since the approval of Use Permit 83-42. No new parcels have been created in the surrounding area and no properties have been rezoned. 3. The amount of orchard acreage in the area has remained the same or has increased since the approval of the homesite segregation. K:\PROJECTS\UPC\BECKER\beckeragenda.doc 0 BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT 0 PAGE 3 0 ,I..•I ,..n t 1 I 11 GII � .n r � r r. .1 ,.1 i .. Iry�IIIItNil�i�ll "�) �Ij�i}pl,ll.i�'�' ��; I�a�lll�� Llill, GI�!I HIII+I•ilrlt+l.lilu!III , i,t�iliu, +u• 4PO (Mir•i I I I ' OWNER: REQUEST: AP NO: SIZE: LOCATIONi EXISTING ZONING: ZONING HISTORY: SURROUNDING ZONING: SURROUNDING LAND USE: GENERAL PLAN DESIGNATION APPLICABLE REGULATIONS • lidwll► pggpsr tar, Edwin Becker Sr, A use permit to segregate a 1.4 acre homesite in an agricultural zone 24-04-49 1S.S acres On the south side of Oroville-Gridley Highway, approximately 1100 feet west of Larkin Road in Gridley A-10 Zoned A-10 June 29, 1982 (Ord. 2296) Zoned A-2 August 29, 1955 (Ord. S22) C=2, A-10, SR -1 Orchards, rural residential, neighbor- hood commercial Agricultural Residential 1-40 acre per dwelling units State Subdivision Map Act, Section 24-47, 24-S4, and 24-75 of the Butte County Code The -Department of Public Works and Environmental Health had no comments other than the conditions lisfed be ow. ANALYSIS: This project is a use permit to allow the segregation of a 1.4 acre homesite on 15.5 acres zoned A-10. The owner of the property Edwin Becker Sr. has applied for the Use Permit for purposes of estate planning. A Negative Declaration on the project is recommended. RECOMMENDATIONS: A. Find that the requirements of CEQA have been completed and considered in making this decision and adopt a Negative Declaration; and A-40 G t 28.60 20.02 57.28 Segregated Homes' F—M East G 'dley Rd '83 1.3, C-2 Glen n r 23.04 Remainder Parcela.88 'A40 A-5 AndE rson Way Parcel Requested A-10 for Approval 16.98 -o o: c J Fagan St A5 Oberme 'r R 700 0 700 1400 2100 2800 3500 Feet BUTTE COUNTY PLANNING COAUMSSION Applicant: Ed Becker Owner: Same Hearing Date: August 8, 2002 @ 9:30 a.m. Existing Zone: A-10 (Agriculhual, 10 acre minimum) N Supervisorial Request: Use Permit to remove development restrictions placed on a parcel by Use Permit (UP 83-42), District # 4 as part of a homesite segregation approval. Assessor Parcel No: 024-040-054 Me: UP 02-19 BUTTE COUNTY PLANNING COMMISSION NOTICE TO THE PUBLIC Notice is hereby given by the Butte County Development Review Committee that a public hearing will be held on Thursday, August 8, 2002, in the Butte County Board of Supervisors' Room County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item at the following time: 9:30 a.m. - Ed Becker, Use Permit to remove development restrictions imposed by Use Permit 83-42 on the remaining property of a Homesite Segregation on property zoned A-10 (Agricultural — 10 acre parcels). The property is located on the south side of East Gridley Road, approximately 1,100 feet west of Larkin Road, Gridley area. APN 024-040-054 (CBS) (UP 02-19) The above-mentioned application and map are on file and available for public viewing at the Office of the Butte County Development Services Department, Planning Division, 7 County Center Drive, Oroville, California. For information call: (530) 538-7601 (Monday through Friday, 8:00 a.m. to 4:00 p.m.) Comments may be submitted in writing any time prior to the hearing or orally at the meeting listed above or as may be continued to a later date. Upon action taken by the Planning Commission on the project an appeal may be filed with the Clerk of the Board of Supervisors. The appeal period is 10 days. If you challenge the above application in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Development Services Department, Planning Division, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION To be published in the Gridley Herald on Wednesday, July 24, 2002. TO: ENVIRONMENTAL HEALTH lyCenter FROM: Butte County Planning Division OrOVirye, C 411(8 RE: Request for Comments on a Development Application: Ed Becker, UP 02-19 DATE: June 24, 2002 CONTACT PERSON: Craig Sanders The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Use Permit to remove development restrictions placed on a parcel by Use Permit 8342 as part of a home -site segregation approval on property zoned A-10 (Agricultural, 10 -acre parcels) located east of Gridley on south side of E. Gridley Road approximately 1,100 feet west of Larkin Road, Gridley area, identified as APN 024-040-054. Supervisorial District No. 4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON September 12, 2002. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN July 8, 2002. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. WMENTS (Attach additional pages if necessary): Xn,aYQ ,A d O L,.'.1 1 kQa fft*�-Iotn f OL . I-0eJCL 7 County Center 38-7601 - FAX 530-538-7785 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION JUN '�QZ J C°Un TO: ENVIRONMENTAL HEALTH lyCenter FROM: Butte County Planning Division OrOVirye, C 411(8 RE: Request for Comments on a Development Application: Ed Becker, UP 02-19 DATE: June 24, 2002 CONTACT PERSON: Craig Sanders The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Use Permit to remove development restrictions placed on a parcel by Use Permit 8342 as part of a home -site segregation approval on property zoned A-10 (Agricultural, 10 -acre parcels) located east of Gridley on south side of E. Gridley Road approximately 1,100 feet west of Larkin Road, Gridley area, identified as APN 024-040-054. Supervisorial District No. 4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON September 12, 2002. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN July 8, 2002. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. WMENTS (Attach additional pages if necessary): Xn,aYQ ,A d O L,.'.1 1 kQa fft*�-Iotn f OL . I-0eJCL 7 County Center 38-7601 - FAX 530-538-7785 0 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION p ECEHE JUN 2 6 2002 TO: CALIFORNIA DEPARTMENT OF FORESTRY BUTTE COUNTY FROM: Butte County Planning Division PLANNING DIVISION RE: Request for Comments on a Development. Application: Ed Becker, UP 02-19 DATE: June 24, 2002 CONTACT PERSON: Craig Sanders The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: h I. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate envifbnmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Use Permit to remove development restrictions placed on a Darcel by Use Permit 83-42 as Dart of a home -site segregation approval on property zoned A-10 (Agricultural, 10 -acre parcels) located east of Gridley on south side of E. Gridley Road approximately 1 100 feet west of Larkin Road Gridley area, identified as APN 024-040-054. Supervisorial District No. 4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - — DEVELOPMENT REVIEW COMMITTEE ON September 12, 2002. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN July 8, 2002. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 0 BUTTE COUNTY LAFCo DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION JUN 2 S 2002 TO: LAFCo I Oroville, California FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Ed Becker, UP 02-19 DATE: June 24, 2002 CONTACT PERSON: Craig Sanders The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Use Permit to remove development restrictions placed on a parcel by Use Permit 83-42 as part of a home -site segregation approval on property zoned A-10 (Agricultural, 10 -acre parcels) located east of Gridley on south side of E. Gridley Road approximately 1,100 feet west of Larkin Road, Gridley area, identified as APN 024-040-054. Supervisorial District No. 4. 07S 004- THIS 0¢ THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON September 12, 2002. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN July 8, 2002. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): L C to 34 7 CCA i7 By: l w.. Date: 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 E co cs � ,., F1PnP.fJ9� • JUN 26 2002 Wal, P, BUTTE COUNTY �-UIIUJ�E��� EPARTME PLANNING DIVISION SERVICES TO: AGRICULTURAL COMMISSION FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Ed Becker, UP 02-19 DATE: June 24, 2002 CONTACT PERSON: Craig Sanders The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Use Permit to remove development restrictions placed on a parcel by Use Permit 83-42 as part of a home -site segregation approval on property zoned A-10 (Agricultural, 10 -acre parcels) located east of Gridley on south side of E. Gridley Road approximately 1,100 feet west of Larkin Road, Gridley area, identified as APN 024-040-054. Supervisorial District No. 4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON September 12, 2002. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN July 8, 2002. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): X( L 5-ee- BY fADate: ELuL!, io _ ?,&v z_ 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 Becker UP 02-19 This location has already gone through one home site segregation, resulting in two parcels that are below the current zoning standard for the area. Removing the development restriction on parcel one opens the door to future development and parcelization of this land and the potential marketing of parcels 2, 3. Which do not have adequate setbacks from the agricultural operation. For clarity in the jargon of agricultural resource conservation, we view increased residential development, density as a prim component of, suburban to urban, development. Gen. Plan, Ag. Element: Goal #1 Maintain parcel sizes that ensure the long-term preservation, conservation and continuity of those general plan areas identified as Orchard and Field Crops and Grazing and Open Lands. Goal #2. Policy 2.1 Agriculture shall not be made enviable by the economic impacts of urban development. Gen. Plan, A¢. Element: Goal #3 Support the management of agricultural lands in an efficient, economical manner, with minimal conflict from non-agricultural uses. Goal #3. Policy 3.3 Discontinue Agricultural Segregation for home sites... Recommend denial of this application as proposed. Robert C. Hill, Deputy Agricultural Commissioners. AP 024-040-054 Ed Becker UP 02-19 n.so 1 20.02 1 57.n Homesite Mailinq List Distribution KS LEAD IN SHEET FILE NO: UP 02-19 AP# 024-040-054 APPLICANT: Ed Becker, 1490 Hwy. 99, Suite A, Gridley, CA 95948 OWNER: same REPRESENTATIVE: REQUEST: Use Permit to remove development restrictions placed on a parcel by Use Permit 83-42 as part of 'a homesite segregation approval SIZE: LOCATION: east of Gridley on south side of E. Gridley Road approximately 1,100 feet west of Larkin Road, Gridley area SUPERVISORAL DISTRICT # 4 EXISTING ZONING: A-10 (Agricultural, 10 -acre parcels) ZONING HISTORY: SURROUNDING ZONING: SURROUNDING LAND USE: SITE HISTORY: GENERAL PLAN DESIGNATION: A/R (Agricultural/Residential) APPLICABLE REGULATIONS: ASSIGNED PLANNER: Craig Sanders Date Application Received 5/28/02 Date Project Assigned 6/10/02 30 Day Complete 6/28/02 Preset Hearing Date 9/12/027 • COMMENT DISTRIBUTION LIST APPLICATION: Ed Becker _ Chambers Cable TV DATE: June 24, 2002 _ Viacom Cable TV County Offices and Cities: Chief Administrative Officer X Develop. Services Director C_X� Environmental_HeaitliA ii=8ssesor. Sheriff _ BCAG jkt1:AFCb-�=> _ Air Quality Mgmt. Biggs _ Gridley _ Oroville _ Paradise Information Systems Dept. _ Animal Control Irrigation District: fX=eutte.Wat- eT"r--J k _Biggs/W. Gridley Water _ OWID _ Paradise Irrigation Table Mountain Irrigation _ Thermalito Irrigation Domestic Water _ Butte Water District _California Water Service Co. _ OWID _ Thermalito Irrigation District Sewer _ Butte Water District _ Themalito Irrigation Skansen Subdivision (CSA 21) _ L.O.A. PUD Fire Protection IX,-Califomia_Department,of-Forestry _ EI Medio Fire Protection District Recreation Districts _ Chico Area Recreation _ Durham Area Recreation Paradise Recreation & Park Richvale Recreation & Parks Utilities _ PG&E North - Chico _ Chambers Cable TV PG&E South - Oroville _ Viacom Cable TV State Agencies _ CalTrans (Traffic) _ Dept. of Water Resources _ Forestry (Attn: Craig Carter) _ Dept of Parks and Rec. _ Central Reg. Water Quality Cont. _ Caltrans, Aeronautics Program _ Department of Conservation _ Off. of Mining Reclamation Dept.Social Services, Comm.Care Licensing Federal Agencies _ US Forest Service _ US Bureau of Land Management _ Army Corps of Engineers _ National Marine Fisheries Sservice Other Districts, Agencies, Committees, etc. _ Lime Saddle Dist _ Community Association _ Drainage _ Butte Env.l Council _ Reclamation _ Cal Native Plant Society _ Butte Co. Mining Committee _ Forest Ranch Community Assoc. _ Paradise Pines Com. Assoc. _ Butte Ck. Watershed Conservancy Mosq. Abatement. Oroville/Butte Co • 4X=RUI5 ic_WorkssDire` _ Building Manager _ ALUC jtZX=Butte.Co. F5 m,Bureau _ Chico _ Chico Airport Commission �'XAgcicultu�al=Commission _ Durham Irrigation _ Richvale Irrigation Other Del Oro Water Co. Other Sterling City Sewer Main Feather River Rec. & Park Pacific Bell _ Dept. of Fish and Game Highway Patrol Off. of Governmental & Env. Relations _ US Fish & Wildlife Service School Districts a�A 9 "DRAFT" LEAD IN SHEET • FILE AP# 0624f -rJyO-VL 5�1�.rS- $y�- 48y APPLICANT: e to gweke&o 14 A/Q OWNER: 5.-7-1n4(.= REPRESENTATIVE: 6tvO " PROPOSED REQUEST: (to be filled out by person taking in aDDlication) (to be filled out by project planner) SIZE: ! .5- LOCATION: LOCATION: G' SUPERVISORAL DISTRICT # '� EXISTING ZONING: A -1'2 GENERAL PLAN DESIGNATION: A A MIMI 1"9101 M ' W4,19191 Date Application Received 121,4:� 0100 Date Project Assigned CZ LANN-[MIN'ITI'AL-Sl� � COMMENT DISTRIBUTION LIST APPLICATION: DATE: County Offices and Cities: Chief Administrative Officer _rEnvironmental-Health X Develop: Services Director ��LRAssesor Sheriff _ BCAG L-AFCo Air Quality Mgmt =—B g - IwGridley _ Oroville _ Paradise Information Systems Dept _ Animal Control tion District: ZZ—ZEutte-Water _Biggs/W. Gridley Water _ OWID _ Paradise Irrigation Table Mountain Irrigation _ Thernalito Irrigation. Domestic Water Butte Water District _California Water Service Co. OWID _ Thermalito IrrigationDistrict Sewer Butte Water District _ Themalito Irrigation Skansen Subdivision (CSA 21) _ L.O.A. PUD Fire Protection –9�Califcmia,Department-of:Forest y, _ EI Medio Fire Protection District Recreation Districts Chico Area Recreation _ Durham Area Recreation Paradise Recreation & Park _ Richvale Recreation & Parks Utilities PG&E North - Chico _ Chambers Cable TV PG&E South - Oroville _ Viacom Cable TV State Agencies _ CalTrans (Traffic) _ Dept of Water Resources _ Forestry (Attn: Craig Carter) _ Dept of Parks and Rec. _ Central Reg. Water Quality Cont _ Caltrans, Aeronautics Program _ Department of Conservation _ Off. of Mining Reclamation _ Dept.Social Services, Comm.Care Licensing Federal Agencies _ US Forest Service _ Army Corps of Engineers Other Districts, Agencies, Committees, etc. Lime Saddle Dist Drainage _ Reclamation Butte Co. Mining Committee Paradise Pines Com. Assoc. _ Mosq. Abatement Oroville/Butte Co US Bureau of Land Management National Marine Fisheries Sservice _ Community Association Butte Env.l Council _ Cal Native Plant Society _ Forest Ranch Community Assoc. Butte Ck. Watershed Conservancy =Public WofksDifector Building Manager ALUC Butte_Co'Fafm Bureau _ Chico Chico Airport Commission _X AgrtwItuial-Commission _ Durham Irrigation _ Richvale Irrigation _ Other Del Oro Water Co. Other _ Sterling City Sewer Main _ Feather River Rec. & Park Pacific Bell _ Dept of Fish and Game _ Highway Patrol _ Off. of Governmental & Env. Relations US Fish &Wildlife Service School Districts K:\PLANNING\FORMS\DISTR.LIS TO: FROM: RE: DATE: BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION Butte County Planning Division Request for Comments on a Development Application: Ed Becker, UP 02-19 June 24, 2002 CONTACT PERSON: Craig Sanders The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents ' to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Use Permit to remove development restrictions placed on a parcel by Use Permit 83-42 as part of a home -site segregation approval on property zoned A-10 (Agricultural, 10 -acre parcels) located east of Gridley on south side of E. Gridley Road approximately 1,100 feet west of Larkin Road. Gridley area, identified as APN 024-040-054. Supervisorial District No. 4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON September 12, 2002. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN July 8, 2002. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): By: Date: 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 • ED BECKER Real.Estate • Sales & Leasing Land & Investment Properties 530-846-6184 • Fax 530-846-6188 1490 Hwy 99, Suite A • Gridley, CA 95948 Friday, May 24, 2002 Butte County Planning Commission 7 County Center Drive Oroville CA 95965 Re: Use Permit A.P. As 024 040 054 & 024 040 055 Gentlemen, I] I write to request modification of the conditions of the use permit granted in 1983 concerning the above parcels. Specifically,'I request that I be released from the condition that restricts the construction of a residence on the property now known as A.P. 024 040 054. This condition is contained in the " Conveyance of Development Rights and Open Space Easement" (Official Record 84-4596 recorded February 16, 1984). The document provides for termination of the rights of the County in paragraph 4 which states "--- upon the occurrence of any of the following events: a. The property is rezoned to any other zone: or b. At least ten (10) years has elapsed from the date of recordation, and the Commission finds circumstances regarding said property and other properties in the area have changed sufficiently to reconsider the restriction." Our family purchased this property in 1956. I was raised on the ranch and both my parents resided in the home until their death. I currently farm the 14 acres (A.P. 024 040 054) growing walnuts and persimmons. My parent's home (A.P. 024 040 055) was built in 1914, is two stories and does not meet the needs of my wife and myself. It is our desire to build a new home on the 14 acres for our future and likely last residence. The location of our proposed home would have minimal impact to the farming of the property or to the neighbors. We would use an existing well for our domestic water supply and there is sufficient space for all current and future septic system needs. I will personally continue to farm the orchards and maintain the property as an agricultural use. I request you consider these facts; 18 years. has past since the use permit. was granted, there -are relatively few parcels available for the construction of anew home in the Gridley area, and my desire, to live on, and maintain the agricultural use of a property that has been in. my family for 46 years. Your consideration of this matter is sincerely appreciated. Sinc �p FRRn EC��UMC� Ed Bec er Encl. map, easement MAY 2 8 2002 BUTTE COUNTY ANNING DIVISION I Y • EAST GRIDLEY ROAD Ne1.3710-E 61130 7418 9` .. AO El252.3i U;^os�m"u�III'Ifll <u 251.3,1 0 -CL F USE 31; 2LOO1267 '------- ----------89Y3Tlaw-----i 1 .IO� 1 ¢ IYTING YPnPHT • E XII9T1 NGi W AIL N U T S I I E1 I i A.P.N. 014-040-G exu I I ` ieee�Io I � I 1 R I I • I 1 In I I m I -STORY HO E I . o reeeeo rwv° MOO ' PPtOP09ED L l , 7 -RESIDENCE JII ; �..._...._ ' .............................. ._....._...__..._..___..__..._..._...__..__..___.___..___..__._ ----------------- EXISTING SERVICE ROAD IDIRTI . . . . . . . . . . . . . . . . . . . W A L N U T . O R C H A R D . . . . . . . . . . . . . . . . . . 10 : PROPERTY INFORMATION BASED ON RECORD OF SURVEY EXAMINED BY THE COUNTY SURVEYOR'S ON AUGUST 21. 148,9. A PORTION OF THE NE V4 OF THE NW I/4 OF SECTION 5, T. 19 N R. 3 E.. 11.0.11. 150 OWNER. ED BECKER L i 1490 HIUY 99. SUITE A f GRIDLEY. CA 95948 (530) 84,9-,9181 m in A.P.N. OZ4-040-054 !IO O.R. 480 14.07 ACS t ? A.P.N. 024-040-055 Z9/,9 O.R. 71 5/0 EAST GRIDLEY ROAD 1.41 ACS t A.P.N. 024-040-050 2249 O.R. ,955 532 EAST GRIDLEY ROAD. 1.3,9 ACS t PROPERTY LINE MERGER i — — — EXISTING LOT LINE ; TO BE MOVED PROPOSED NEW LOT LINE LOCATION EXISTING I/1' LP. T PROPERTY CORNER PROPOSED RELOCATION ylOF PROPERTY CORNER ii ���•O1 NEW DIMENSIONS RTY LINE ELECTRICAL SERVICE nl EI I NEW UNDERGROUND ELECTRICAL SERVICE POR PROPOSED RESIDENCE EXISTING POWER POLE i E2 NEW 100 AMP METER. RESIDENTIAL NEW 100 AMP AG METER, 3 PHASE I E3 BARN.UNDERGROUND DISCONNECT EXISTING UNDERGROUND i E1 SERVICE TO BARN EXISTING OVERHEAD ELECTRICAL ES SERVICE TO REMAIN El SERVICE TO REMAIN IND ELECTRICAL VICINITY MAP S/ TE PL A N _------ _-___.___ fKUM Miu VALLLY 111LE AND ESCROW COMPANY `1 '•. NO 5 2 2002 8:30/S?. 8:28/NO.5011992069 P 3 , 8-1_ X15.96 OFMI&4 Rte! s CONVEYANCE.Of DEVELOPMENT RTONTS aVr"C'�u'!,i....AND OPEN AREA EASEMENT/- V�00, �V1i0" rage RCCO`KUf1t This Conveyance of Development Rights and Open Area agee ment, read this day of , 1983, by and between&4' q, as Grantors) in consideration of the approval of a use permit do(eaj hereby grant to the COUNTY OF BUTTE, as Crantee, hereinafter referred to as County, the development rights hereinafter net forth for the term and .subject to the covenants and conditions set forth below in the property described in Exhibit ++A" as Parcel 2, attached hereto and made a pail thereof, for -the express purpose of maintaining such -property for agricul-' Lural use and as open area. `REC PEALS' WHEREAS, pursuant'to the County's Go)joral Plan. the County has determined' that the property of -G,rantor(s) dcseribed- IR 90 04 "A "•I* agricultural land•constituting a natural resource of•Ilutte County; and WHEREAS, the County's General Plan sets forth'& Policy of Protecting - the Agricultural Production CePability of Agricultural lands, and the Maintenance and conservation of this natural.resource; and WHEREAS, in; furtherance of such policy, the County has toned the property described in Exhibit "A" to an Agricultural Zone; and WHEREAS, Crentor(s) detire(s) to create a lot for the purpose of maintaining a single family residence thereon, such lot being described as Parcel 1, in said Exhibit "A"; and WHEREAS. Grantor(*) has (have) applied for and been granted approval Of the use permitursuant to th p e prow Bions of the Butte County Section gyp. i 24-S4 to pormit the maintenance of such residence thereon; and CJ1 PROM MID VALLEY TITLE AND ESCROW COMPANY (THU) 5 2 2002 8:30iST. 8:28;110.5011992060 P 4 • h . WHEREAS. in order to preserve and maintain the as-ricultural'purposes I- of the Agricultural Lone in which the properties described in Exhibit "A" are locatedl and to maintain the consistency of said :one with the policies set forth in the County's General Plan. it is necessary and desirable that Grantor(s) convey to the County the right to construct additional residences on the property described in Exhibit "A" as Parcel 2; and WHEREAS, it is the intent of the Grantors) and the purpose of this grant 6'f development rights to allow the Grantor( -s) to -maintain a residence on the lot described as Parcel I on Exhibit "A" and prohibit the maintenance of residences on•the property described in Exhibit "A" as' Parcel 2 so as to neither increase nor decrease the number of residences permitted by the :one in which the said properties are located. THEREFORE, in consideration of the.. approval of the use permit granting 'Permission to Grantors) to maintain a single family residence'on Parcel 1 for the purpose of maintaining Parcel 2 as open area for agricultural pur- poses, Grantor(s) grant(s) to the County an Open Area Easement with Grantor.(&) and their successors' right to construct and maintain any residential -uses on the property described is Exhibit "A" as Parcel 2 subject to.the"following terms and conditions:. i i. Grantor(s) reserve(s) the -right to construct or maintain any agrl-. cultural buildings or to use Parcel 2 for any agricultural uses otherwise permitted by ordinances duly adopted by the County; or ordinances hereinafter adopted by the County to regulate the use of the property described as Parcel 2, except any rights to construct or maintain any accessory buildings. subject to any regulations or limitations set -forth in any such or4inances.1 CM FROM MID VALLEY TITLE AND ESCROW COMPANY (THU) 5 ? 2002 8:30/ST. 8:28/1`110.5011992069 F 5 Z. Nothing in thijp instrument shall'be construed to affect the.risht of Grantor(*) to lay, operate. maintain; repair, or remove water and sewer pipe lines, conduits,.or drains below the surface -of the area described in Exhibit "A" as Parcel Z insofar as such activities are not incidental to establishing any tesidential use of said area. and are. not in conflict vith the provisions of this Graaf. . 3. This grant of development rights shall not be construed to permit. the public to enter upon the properties described in Exhibit "A" for any purpose whatsoever. 4. This easement and grant of development rights shall terilnste and the rights granted to the County herein shall revert to Grantor(s) upon -the occurrence of any of the following events: a. The.property is rezoned to any other zone; or b. At'least ten (10)years has elapsed iron date of. recordation.' and the.Comission finds circumstances regarding said property and other properties in the area have changed sufficiently to reconsider.• the restriction. S. Grantor(s) agree(s) that this document say be recorded.in the Butte County Record'er's office. IN WITNESS WHEREOF, The Grantor(s) has (have) caused•these presents to be executed as.of the day and year first above written. �i CRANTOR(s). ATTACH NOTARY PUBLIC VERIFICATION G rrsum mIU 4RLltY HILL AND tSCHOW COMPANY (THU) 5, 2 2002 8:31/ST. 8:28/N0. 5( st■leat _ CllllPp nia onuustna2lat",at SeRtember t9 Netonne. countyButto of Brian &.snce Benson • the undentpned Notary PUNIC. personally apo wW "win A. Aackor and Rao i Packgt, AEN50N Wnorunytcnowntonv ...} .•.,�q+a, . O pfore0 to me on 1M Wh of setl•feclory erldenu rte: iuq. /, Ind 10 be the per*"*) who"nalt•gl were •uDecANed to the w11IN11 inItfumoOnt.an0 notrte0pedtttel thev�lweCuledll. NYITt MY tlan lclal_� � Nota '• pnatura i��/ .wrput N*tNn A*.6Cwt�DM • L'awt M.r� Mw. • 1.0. •m 4M • V*Wrd "ft p as. 11992069 P 5 FROM MID VALLEY TITLE AND ESCROW COMPANY (THU) 5 2 2002 8:31/ST. 8:28 N0.501109206P P 7 El 1\Exhibit A • DESCRIPTlON Jc -bf-D�-2 A Portion of the Northeast ouarter of the Northwest Quarter of Section S, Township 17 North, Range 3 East, N.D.H.ilt., being more e4plbed as follows t Commencing At the intersection of the Horth line Of -said $action S and the West line of the Northern Rleetrlc R412way Company which point la in the centerline of. the Oroville Gridley Highway, and running thence South 89004.129' pest a distance of 242.82 test along the North line of said Section 3 and the centerline of the Oroville Gridley Highway to 4 point, which point is the tcue poiat'of beginning for this description, thence leaving -the true point of beginning and the Forth line of said section S and the centerline of the'Oroville Gridley Highway and running south 00e .01124" East a distance of 283.00 feet to a point, thence south 090 041291k west a distance of.252.31 feet to a point, thence North 0019 01'24• Nest a distance of 283.00 foot toe point, which point is on the North line of said section S and tae centerline o! Oroville Gridley Highway, thence North 899041299 East a distance of 252.31 feet Along the North line of said Section 5 and the centerline of the'Oroville Gridley Highway to the point of beginning containing 1.64 Acres more or leas.. u '.FROM MID VALLEY TITLE AND ESCROW COMPANY H (THO 5 2' 2002 8:31 /ST. 8:281410.5011992069 P 8 2 3 5 6 7 10 11 13 is 16 CERTIFICATE OF ACCEPTANCE THIS is to certify that the interest In real property con- veyed by the within deed or grout dated September 21, 1983 from EDWIN A. BECKER AND NOAMI G.-BECKER, to the County of Buttfs. political subdivision. Is hereby -accepted by order of the Board of. 'Supervisors on January 31. 1984; and tbe-grantce'5 consents to recordation thereof by its duly authorized offtcer. A4, OAKMwM, k;HA XXPJ4 Butte County Board of Supervisors ATTESTIchief :Adminisifi4itive Officer and Clerk . Board of the .Board. 04 dkk 6.1y ma-$. NL COUN7T OF k:1446111 . ........ o Notary r Ar'.8t. caw, defy commhapws aw Apom POS6400y ............ - chow to no to k OW ps"_ whm ir Me 0"TAL 0"T "C LJNOA C IN wmaw wNsp—wor I "m haunt* V . I ny Amw s(/kad -v so NOT f PDX - CALMANA o W COUN • vrm _^4 .............. co"y 0. dy M y.W CJO 9Tk­ A ........... . . ...... AAwwb4pmwm -Goad it C kc.119M) tND OF DOCLVAEW : Are north of=ridly rezo ed by Ord 1589 1 6/17 75 A-40 121 l I , I , I I , 1 , 1 , ,o , I , I ' I � I / 1. I l I , I , I I , 1 , 1 , ,o 0 0 Eewin BeckerJr. 532 C:. Gridley Road Gri.dlcy, C.a. 95948 CERTIFIED MAIL i, t .• ; I T COUNTY C(Ni(R vp", - OROvgt!, CALllF ORNIA 959[+3 PMONu !]A 46oi January 23, 1984 Re: Use Permit AP 24-04-49 Deal, 11r. Recker Jr.: Encic'e is vour I-lidated 11sc Pernit to allot; the scgrcga- tion of the 1.4 acre hom(•se on the south itin an aF• zone of A-10 located side of Oro -Gridley 1lighw3)', approximately ]100 feet •est of I.arkir.lj Road, Gridlt:y. Should office you h.tLe an. questions, please feel free to contact this BAK:Ir Enc. CC: [)ept, of Publ ii: Works (2) Environmental Ilealth Dept. of Forestry Sincerely, � K]rcher Director of Planning t� ddwin Becker Jr. 532 E. Gridley Road Gridley, Ca. 95948 butt¢ lANO Of fvATU: AI VV I*AI U AI,: i.I AU71' PLANNING COMMISSION /COUNTY CrNSrR URIVr .. OROVII.I (. CALIf ORNIA 95565 PHONE- 534.4601 December 22, 1983 Re: Use Petmi.t AP 24-04-49 Dear Mr. Becker: The original and one Copy of your use Permit No. 83-42 was mailed to you on October S, 1983 to be signed by you and returned to the Planning; Department. We have not received ..our signed permit. Please he advised that you do not have a valid use permit until the Permit has he'— signed by you and validated by the Chairman of the Planning Commission. Also be advised that we can not Submit your Conveyance of Development Rights to the Buard of Supervisors for approval and recordation until such time as v. -C have received the signed use permit and it has been validated. Should you have any questions regarding this matter, please contact this office. Since .e1y, A. ircher DireCtOr of Planning BAK:lr Edivin Becker Jr. S32 E. Gridley Road Gridley, Ca. 93948 CERTIFIED MAIL • / LAN D O F P.1A.TURAL Vv' F1'. .T;i A L% 5E.':IJ FY PLANNING COMMISSION -/ COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 9.965 PHONE: 534-4607 January 23, 1984 Re: Use Permit AP 24-04-49 Dear Mr. Becker Jr.: Enclosed is your validated Use Permit to allow the segreca- tion of the 1.4 acre homesite in an ag. zone of A-10 located on the south side of Oro -Gridley Highway, approximately 1100 feet west of Larking Road, Gridley. Should you have any questions, please feel free to contact this office. Sincerely, kircher ✓� Director of Planning B.AK:1r Enc. CC: Dept. of Public Works (2) Y� -1> ETIVir. on'mental Ileal-th Dept. of Forestry �,,, `• USE PERMITy., • ' . r ' BUTTE COUNTY PLANNING January 23,COMMISSION — 1984— DATE (Registered mail receipt)' • 83-42 PERMIT NO. 24-04-49 A �y -04-4'9 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Edwin Becker Jr. — is hereby granted a Use Permit NAME in accordance with application filed: 6/30/88 to allow 8 segre9vtion of the 1.4 acre homesite in an ag. date Zone of A-10 located on the south side of Ore -Gridley 11wv.. aTwbrox . 11 nn ft- wAat rsf r.avti;„ Road, Gridley. -- �• Failure to comply with the conditions specifies herein as the basis for approval of appli- cation and issuance of Permit, constitutes cause for the revocation of said permit in accor- dance with the procedures set forth in the Butte County Zoning Enabling Ordinance. 2. Unless otherwise provided for in a condition to a use permit, all conditions must be com- pleted by the permittee within 12 months of the delivery of the countersigned permit to the permittee. 3. If any use for which a use permit has been granted is not established within one year of the date of receipt of the countersigned permit by the permittee, the permit shall become null and void and reapplication shall be required to establish the use. SPECIAL CONDITIONS: 1. Parcels shall be created pursuant to the requiTements of the :subdivision Map Act and Chapter 20 of the Butte County Code. 2. Ordigi.nul owners inform their heirs, .successors, and a ,signs wr �?x: restrictions which disallows additional dwellingo frau being :.�ca�*. on the property until, either of the following conditions occur a. Tho property is re2oned to any other zone; or b. At least ton (lo) years has elapsed from date of rOCOTdation €ivc the commission finds circumstances regarding said property and other pxoper ties in the area have changed sufficiently to reconsider the re;strictiou. 3. Leath lines servicing house on 1.4 acres site shall be c+onfinro site with house. 4. Applicant must also comply with all other applicable State and Bttstut Y, ©�rd3na�ncps on Pee] 64�t��t M read the foregoing conditions, I here dec are under elialt o that they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Dated: Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. CC: Health Department Department of Public Works (2) Fire Department Chairman of Planning commission to ICC,. CITY OF GRIDLEY August 23, 1983 Mr. John Mendonsa Assistant Director of Public Works 7 County Center Drive Oroville, CA 95965 Dear Mr. Mendonsa: RE: Edwin Becker, Jr., Use Permit for AP No. 24-04-49 This is in response to your request for comments regarding the above referenced land division project. The City of Gridley remains opposed to the creation of small residential parcels in agricultural areas because of resulting conflicts with agricultural operations which adversely affect the community's economic base. However, in cases such as this where only one parcel is being created and the remainder is restricted to agricultural use, we have no strong objections. We appreciate the opportunity to comment on these projects. Sincerely, my Ford City dministr or' cc: Bettye Kircher Butte County Planning DEPARTMENT OF PUBLIC WORKS 685 KENTUCKY ST., GRIDLEY, CALIFORNIA 95948 u TEL. 916 846.3631 BUTTE. COUNTY P1 `91I NG COMM I SS 101 � COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA*' 95.0,65 PHONE: 534-4601 TO: Join Mendonsa, Public Works DATE: June 30, 1983 RE: PROJECT REVIEW AND ENVIRONMENTAL EVALUATION 4 Enclosed is preliminary data our office has received or generated concerning the following project: AP 24-04-49 - Edwin Becker Jr., Use permit to allow the segregation of a 1.4 acre homesite on property zoned _"A-10" (Agricultural - 10 acreparcel-s) located on the south side of Oroville-Gridley Highway, approximately 1100 feet west_ of Larkin Road, Gridley, We are making an assessment of possible`environmental impacts and will be preparing an environmental document, either a Negative Declaration, Mitigated Negative Declaration or an Environmental impact Report. Please provide any .factual statements, ideas for investigation, or opinions you can offer in your area of concern or expertise that relate to either physical, social', or economic impacts that this project may generate. Please respond within 14 days of the above -noted date. If no response is generated by this inquiry, then it shall be assumed that there are no significant environmental impacts which are potential from the project. We appreciate any assistance you can provide. Sincerely, q"� ozJ - (--� Rick Rodrigue Planning Technician Comments: /, AARe'yc s <-Ala 2t rP C/ i ('r -,/i: i F _( J C JG 6 5 f�TiL'C 2 1239 13 -MAC � PM46.52g8 a O 20PIAL IRS 64-92 _ 20 2i 3 14 7'92 23 3 J 21 97 $ ` i t / /• /,f0 1 I : D w a a U 1 I I 1.64AC 136 t j I Or w 232.31 �4+ i ( 1 522 Ac ' ` d I 1.99.Ae q O I 5 51 14.07AC ® ®34OJAC I If "A : O - s, 1 i. 1 24.0661 AC. a w ria s . i -RIO DE LA PL UMAS TRACT RSIOI-70 46 0.94AC 2< 369.25 1313.23 LAWDERSON WA)lLLI 307. o 6 = 267.05 �. so 305.37 • 52 �. 53 O — 24_ae�G T RS 84-87 1922.29 PM 92- j S88 !0 W. 1032.9 'yam p 5.0 AC N 1 2 I i � n a 2 V ® - 9. , AC. ` 8--l.1.90AC± /6tSW AC 60 . t in t Z7: 92 AC 1 att x.02 RS 90-80 Is���l•I"P 2C 1272.686 ,yto/ 6 739.20 — —or 1.1101. -----------------=----------------------- S,8EB6.Q`-2 CTR. Ser s OS - RIO DE LA PLUMAS TRACT M.O.R. 1W. I P6. 65 REVISEX-12-97 ASSESSORS MAP NO. 24 COUNTY OF BUTTE , EAST R I D L E)BOAC TISM E3E 3t TOW 4 4