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HomeMy WebLinkAboutUP 97-14�'�` ,1, ._ � . _ ..... ..., _ - _ _s��. ... �..,. N �� a c s � tJ N .. � 9 'D J i f 3 ____ a - — --� —�—� � i PROJECT SUMMARY SHEET FILE #: UP 97-14 PROJECT TYPE: Use Permit APPLICANT: Jones & Matthews Ranch Inc. ADDRESS: 1163 Patricia Dr., Chico, CA 95926 OWNER: Same ADDRESS: REPRESENTATIVE: Northstar Engineerin ADDRESS: 20 Declaration Dr., Chico, CA 95973 PROJECT DESCRIPTION: Use Permit to allow the segregation of 2 existing homesites n, lacre each PROPERTY ZONED: A-20 LOCATED: north side of Burdi ck Rd. 2000 ft. east of Troxel Rd. AP#: 39-24-92 TOWN/AREA: Durham GENERAL PLAN DESIGNATION: Orchard and Field Crops 1. Application complete: November 12 Amount: $ 988.00 Receipt #: 15666 2. Comments sent to: E.H.J AFCo, Develop. Serv., P.W.,Farm Bur., Ag Comm., Durham Irr., CDF 3. Comments received from: 4. • Rezone Petition Signatures Checked: 5. Mailing List Lead-in Sheet: 6. Assigned To: Steve Lucas 7. Environmental Determination: State Clearinghouse No: Categorical Exemption-CEQA# Negative Declaration Mitigation Negative Declaration Subject to Fish & Game: IJO Environmental Impact Report Gen. Rule Ex. -CEQA # 15061.(bx3) Other 8. Staff Report:_ Project Video: _� Release to publish: „?- to - 9 7 9. Clearinghouse circulation required: Yes No '� Date Sent to SCH: /v0 10. Publication Notice Written:/ 0? -.S - / % Display Ad Prepared: AlL 11. Notices Mailed: - i0 - 9 7 Number of Notices: 12. Newspaper Publication Date: 13. Planning Commission Hearin; Action taken: Special Conditions: Commission Resolution N 14. Board of Supervisors' Hearing(s): Action taken: 15. Board Resolution No.: Ordinance No: 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: Adopted: Fish & Game Fees Paid: Yes No 97-125 Public' -hearing - Jon'e's and Matthews Ranch, Inc. - consideration of an appeal of the Planning Commission's denial of a use permit (item determined to be a general rule exemption from environmental review) to allow the segregation of two (2) existing homesites of 1.3 acres each from a 37.62 acre parcel zoned A-20 (agricultural - 20 acre parcels), property located on the north side of Burdick Road, approximately 2,000 feet east of Troxel Road, identified as APN 039-240-092, in the Durham area - action requested.- SUBJECT TO ENVIRONMENTAL FINDING A, GENERAL PLAN FINDINGS A -F, ZONING ORDINANCE FINDINGS A -C, STAFF RECOMMENDS. THAT THE BOARD OF SUPERVISORS CONFIRM THE PLANNING COMMISSION'S ACTION AND DENY THE USE PERMIT FOR JONES AND MATTHEWS ON APN 039-240-092. (1784) MOTION: SUBJECT -TO ENVIRONMENTAL-. FIN DING-f.A;',j iGENERAL Al 'PLAN FINDINd. S+A='F; ZONING .ORDINANCE FINDINGS jA --I ,..MOVE. a{TO,•c,CONFIRM-r1;�THE, ,;:PLANNING f'COMMISSION'.S.- ACT'ION,T,AND.:-DENY?.:THE TUSEO•PERMIT 'WITHOUT' -PREJUDICE, F.OR,00AS ., ANDZMATTHEWS� ON `APN".` 039-.240=092,-- AND REQUEST -THE +g GENERAL Co J PLAN/AGRICULTURAL.r,.. ELEMENT *,.COMMITTEE;+TO RECONVENE AND REVISIT THIS -ISSUE: M , S VOTE: 1 Y 2 Y'.3 Y 4 Y ".5' Y ',(Unanimously • Carried) BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - April 8, 1997 ATTACHMENT A A. Jones and Matthews Ranch Inc - (Item determined -to be a General Rule Exemption from environmental review) Use Permit request to allow the segregation of two (2) existing homesites of 1.3 acres each from a 37.62 acre parcel zoned A-20 (Agricultural - 20 acre parcels) located on the north side of Burdick Road, approximately 2000 feet east of Troxel Road, identified as APN 039-240-092, in the Durham area. (SL) (UP97-14) (VIDEO) Stephen Lucas summarized the Agenda Report and said that the project is inconsistent with the Agricultural Element of the General Plan and the Zoning Code. It was noted that the recommendation for approval of the agenda is incorrect. Commissioner Nelson said that the Planning Commission has not been supporting agricultural segregations. Commissioner Leland thought homesite segregations should be considered on a case by case basis and was strongly against a blanket prohibition against them. Commissioner Mooney asked about the agricultural maintenance plan. Mr. Lucas said the applicant was advised that denial would be recommended and -an '_7 agricultural maintenance plan was not required. The application was accepted because the Zoning Code has not been amended to be consistent with the General Plan and still allows homesite segregations, although not for two homesites. Commissioner Mooney thought the 5 acre parcel size was too restrictive and said that allowing smaller parcels would preserve more of the land for agriculture, however he noted there could be future problems for agriculture if the small parcels are eventually purchased by people not involved with agriculture. Commissioner Leland asked if the units would be rentable only to persons involved with agriculture. Mr. Lucas said anyone could rent the units. Chairman Lambert asked if a 99 year lease would be possible. Mr. Sanders said a lease would require a parcel map. HEARING OPEN TO THE PUBLIC BUTTE COUNTY__PLANNING COMMISSION.MINUTES - February 27, 1997 Myles Pustejovsky, of NorthStar Engineering, said the applicant bought the property eight years ago for homes for the hired -hands and since that time, homesite segregations have been disallowed. The applicants want their employees to be able to -purchase the homes. Life estates would not work. Mr. Sanders noted that there is an agricultural exclusion regarding leases allowed by the Subdivision Map Act. Mr. Pustejovsky said that Tehama County has a procedure for working with life estates with parcel maps, but he did not know the details. There was discussion of life estates. Commissioner Leland asked what effect this ag segregation would have on agriculture in the area. Mr. Pustejovsky thought with uncontrolled zoning or planning there would be a tremendous impact because every house could be on a separate parcel, which could have a tremendous impact on farming. However on this particular parcel there would be no impact, since the residences are basically part of the salary of the employees. Commissioner Leland said the density would not be affected since the homes are already existing, and there would not be an adverse impact on agriculture since the residents are farmers, however if ownership changes. to non -farmers there could be a conflict with agriculture. The homes would be helpful as compensation for good farm managers. Commissioner Nelson said the intent for ag segregations was to be helpful to elderly farmers to allow them to live on the land while no longer farming. The problem has been that the lots eventually are sold as residential lots and someone buys the large ag parcel and wants to build a residence on that parcel also which increases the density. The original intent of ag segregations is lost. There was a discussion of the regulations regarding the ag portion of homesite segregations and potential residences to be built on them. Commissioner Mooney asked if the land could be split into two 20 acre parcels. Even though the property is less than 40 acres, the parcels are aliquot parts of a Section, Mr. Pustejovsky said the applicant does not want to create two large parcels, but only wants to separate out the homes. Mr. Lucas said the Ag Element forbids homesite segregations, so even a request for one instead of two would be recommended for denial. -BUTTE COUNTY PLANNING COMMISSION MINUTES - February 27, 1997 0 L1 Chuck Jones, one of the applicants, thought the Ag Element has goals that would fit into the scenario of the farm workers owning the homes. He bought the property to have homes for his ranch managers and wanted them to be able to own their own homes and have better property management with the employees having more responsibility. He mentioned some of the goals, policies and programs which he thought are relevant. He said it is difficult to get good employees without having a place for them to live. He suggested having deed restrictions put on the property so the homes could stay in the family and the property not be sold off. Commissioner Leland did not see how a deed restriction could be enforceable. Mr. Jones said the original home was built in 1937 and the second home was built in the 1950's and nothing has changed since then. Chairman Lambert said the zoning and rules have changed. Fred Montgomery, owner of surrounding property read a statement expressing his concern that there be no additional dwellings and the two existing dwellings should be maintained and owned by people who understand the problems of living surrounded by farming properties. If the permit is granted he would request restrictions against additional dwellings and a restriction be placed on the orchard parcel that there can be no additional dwellings. He suggested that CC&R's be placed on all three parcels for the benefit of the Almont Inc. parcels, his family corporation. His letter was signed by himself and Mark Montgomery. He doesn't want people complaining about his farming practices or putting in more homes. HEARING CLOSED TO THE PUBLIC Chairman Lambert said the request does not comply with the General Plan, the Ag Element of the Zoning and the applicant was informed of the problems by staff. OP. It was noted that even a request for a one parcel homesite segregation would not be in compliance with, regulations. Commissioner Leland agreed the request could not be approved under current rules, although he thinks the policy is misguided and should be reviewed. An appeal could raise this issue with the Board of Supervisors. He said the current policies of the Ag Element should be upheld. Chairman Lambert said the original intent of the homesite segregation process has resulted in abuses and the procedure did not accomplish its original purpose. It was moved by Commissioner Leland, seconded by Commissioner Nelson, and carried unanimously, to deny the Use Permit for Jones and Matthews Ranch, Inc on AP 039-240- 092 subject to the findings listed in Exhibit "A" of the Agenda Report dated February 5, 1997. -- -- -- --- - - -- - — BUTTE COUNTY PLANNING COMMISSION MINUTES - February 27, 1997 • 0 EXHIBIT "A" Pursuant to the provisions of the Butte County General Plan and the Zoning Ordinance of the County of Butte Jones and Matthews Ranch, Inc. is denied a Use Permit in accordance with application filed: November 12, 1996, to allow the segregation of two existing homesites of 1.3 acres each from a 37.62 acre parcel zoned A-20 (Agricultural -20 acre min.) on the north side of Burdick Road approximately 2000 feet east of Troxel Road in the Durham area. The project site is located in Supervisorial District 4. FINDINGS: Section 1: Environmental Findings. A. Upon careful and deliberate review of the project and the project site environs, the proposed action will have no significant environmental effects and has been determined to meet the criteria for a General Rule Exemption under Section 15061(b)(3) of the California Environmental Quality Act guidelines; and Section 2: General Plan Findings. A. The request is inconsistent with Goal 3, Policy 3.3 (p.AE-13) of the Agricultural Element which disallows Agricultural Segregations for homesites. B. The request is inconsistent with Goal 1, Policy 1.6 (p.AE-8) of the Agricultural Element which limits the minimum parcel sizes for new land divisions, in areas identified as Orchard & Field Crops on the General Plan Land Use Map, to not'less than the existing 20 acre minimum zoning designation of A-20. C. The request is inconsistent with Goal 1, Program 1.2 (p.AE-9) of the Agricultural Element which requires the amendment of the Zoning Ordinance to provide zoning consistent with an Orchard and Field Crops land use designation including minimum lot sizes, and uses which support continued agriculture. This Program invalidates the homesite segregation uses in the Zoning Ordinance. The project would allow single family dwellings on sub -standard parcels (1.3 acres) which is not consistent with the Orchard and Field Crops General Plan designation which establishes a 5 acre minimum lot size for land divisions. D. This request is inconsistent with Goal 3, (p.AE-13) of the Agricultural Element which supports the management of agricultural lands in an efficient, economical manner, with minimal conflict from non-agricultural uses. The approval of homesite segregations would allow these homes to be sold as sub -standard residential parcels in agricultural zones that could be occupied non -agriculturally related persons. �� BUTTE COUNTY.PLANNING.COMMISSION MINUTES - February 27, 1997 E. This request is inconsistent with Goal 3, Policy 3.5 (p.AE-13) of the Agricultural -Element which states the primary purpose of the Orchard and Field Crop land -use r category shall be for agricultural production, related processing, and services in support of agriculture. Residential uses, such as a farmer's home, in this category is a secondary use and is permitted on a limited basis to assist and support agriculture. Homesite segregations would allow the creation of a new residential parcels that would only serve a residential use with no assurances that these homes would be occupied by agriculturally related persons. Such a use would clearly violate the intent of this policy and undermine the opportunity to utilize existing housing for farm families or agriculturally related persons. F. This request is inconsistent with the Orchard and Field Crops (OFC) designation in the Land Use Element because there are no provisions currently in the OFC designation for either homesite segregations or land divisions resulting in parcels of less than 5 acres in size. Any action taken to approve such requests would require a General Plan Amendment of the Land Use Element Orchard and Field Crops designation. Section 3: Zoning Ordinance Findings. A. The proposed use may impair the integrity and character of the zone in which the land lies, and that the use may be unreasonably incompatible with, or injurious to, surrounding property, because there are no assurances that the owners/occupants of the segregated homesites will be agriculturally related there is no assurance these owners/occupants will be. compatible with agricultural uses on surrounding properties; and B. The proposed project is inconsistent with Section 24-285(Segregation of Homesites in Agricultural Zones) because this -application is a request for two (2) homesites for which their is no provision in Section 24-285 and; C. The_application does not meet the intent of Section 24-285 because the applicant has not owned the subject property, resided upon the property or farmed the property for 10 (ten) continuous years and will not retain the existing home(s) on the property. Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this report, move to deny the Use Permit for Jones & Matthews on APN 039-240-092. BUTTE COUNTY PLANNING COMMISSION MINUTES - February 27, 1997 0 AGENDA REPORT TO: Honorable Chair and Planning Commission FROM: Department of Development Services DATE: February 5, 1997 REQUEST: Use Permit #97-14 on APN 039-240-092 for Jones & Matthews Ranch Inc. - Owner/Applicant: A Use Permit request to allow the segregation of two (2) existing homesites of 1.3 acres each from a 37.62 acre parcel zoned A-20 (Agricultural -20 acre min.) on the north side of Burdick Road approximately 2000 feet east of Troxel Road in the Durham area. The project site is located in Supervisorial District 4. RELATED ITEMS: None FOR: Planning Commission Meeting of February 27, 1997 SUMMARY: Staff recommends denial of this application subject to the findings and conditions contained herein. PROJECT CHARACTERISTICS: This project is a Use Permit request to allow the segregation of two (2) existing homesites of one 1.3 acre each from a 37.62 acre parcel. The two homes are 2300 sq.ft. and 1900 sq.ft. in size. The parcel has an existing orchard use with the two homes and located on the property. The homes each utilize domestic wells and septic systems. Access to the parcel is from Burdick Road. The site is located in the Durham - Dayton -Nelson (D2N) Planning Area and approximately 2 miles west of the Durham Urban Area boundary. SURROUNDING ZONING, GENERAL PLAN DESIGNATION, AND EXISTING LAND USE: Described below are the project and surrounding zoning, general plan land use designation and the existing land uses. Direction Zoning General Plan Existinq Land Use Project: A-20 Orchard & Field Crops Orchard, Two single family dwellings North A-20 Orchard & Field Crops Orchard South: A-20 Orchard & Field Crops Orchard East: A-20 Orchard & Field Crops Orchard West: A-20 Orchard & Field Crops Orchard ANALYSIS: Approval of this project would allow a the segregation of two single family dwellings of 2300 sq.ft. and 1900 sq.ft. in size on 1.3 acre parcels. The applicant indicates that the homes are utilized by ranch employees and it is the owners desire to transfer ownership of the segregated homesites to these employees. This application has been reviewed for consistency with the land use regulations found in the Butte County General Plan Agricultural Element, the Orchard & Field Crops General Plan designation, the Butte -County Zoning Code Sections 24-90 (A-20, Agricultural Zones) and 24-285 (Segregation of Homesites in Agricultural Zones) and the Subdivision Map Act as discussed below. Agricultural Element The Butte County Agricultural Element (AE) was adopted by the Board of Supervisors in May of 1995 after two years of discussions by members of the Butte County Farm Bureau and members of the agricultural community. This Agricultural Element Committee reviewed the agricultural uses and policies in Butte County and developed the AE of the General Plan to preserve and enhance the agricultural base of Butte County. The AE applies to all lands designated in the Butte County General Plan Land Use Element as Orchard & Field Crops. Goal 1, Policy 1.9 (p.AE- 10) also applies the policies of the AE to the parcels located in the Durham -Dayton -Nelson (D2N) Area Plan. The parcel in this application is subject to both the regulations of the AE and the D2N Plan. 0 Butte County Department of Development Services Agenda Report 0 The AE put in place several goals, policies and programs that both specifically address the segregation of homesites as well as regulations related to non-agricultural land uses and parcel divisions. These items are transcribed below with appropriate analysis. Goal 3, Policy 3.3 (p.AE-13): Discontinue Agricultural Segregations for homesites (life estates serve the same purpose). This policy requires no interpretation as to its intent. Goal 1, Policy 1.6 (p.AE-8): Limit the minimum parcel sizes for new land divisions, in areas identified as Orchard & Field Crops on the General Plan Land Use Map, to not less than the existing zoning designation from 5 to 160 acres. Considering that all segregations of homesites must be followed by an approval of a tentative parcel map for their legal creation, this policy would preclude the ability to allow a land division of less than the 20 acre minimum parcel size allowed in the A-20 zone. Goal 1, Program 1.2 (p.AE-9) Amend the Zoning Ordinance to provide zoning consistent with an Orchard and Field Crops land use designation including minimum lot sizes, and uses which support continued agriculture. This Program invalidates the homesite segregation uses in the Zoning Ordinance due to the one to two acre lot sizes mandated by the Ordinance which is not consistent with the Orchard and Field Crops General Plan designation which establishes a 5 acre minimum lot size for land divisions. Goal 3, (p.AE-13): Support the management of agricultural lands in an efficient, economical manner, with minimal conflict from non-agricultural uses. The approval of homesite segregations would allow these homes to be sold as sub -standard residential parcels in agricultural zones that could be occupied by non -agriculturally related persons. Goal 3, Policy 3.5 (p.AE-13): The primary purpose of the Orchard and Field Crop land use category shall be for agricultural production, related processing, and services in support of agriculture. Residential uses, such as a farmer's home, in this category is a secondary use and is permitted on a limited basis to assist and support agriculture. Homesite segregations would allow the creation of new residential parcels that would only serve as a residential use with no assurances that these homes would be occupied by agriculturally related persons. Such a use would clearly violate the intent of this policy and undermine the opportunity to utilize existing housing for farm families or agriculturally related persons. Goal 3, Program 3.5 (p.AE-14): When a request is made for a Use Permit on a lot(s) with existing agricultural operations, require the submittal of an agricultural maintenance plan to provide for the continuation of existing agricultural activities. The plans shall be reviewed for comments and conditions by the Agricultural Commissioner and Planning Services prior to the Planning Commission hearing on the Use Permit As this Use Permit application was intended for a recommendation of denial from its acceptance by the Planning Division, the agricultural maintenance plan was not submitted or requested. If the Commission were to take any action to approve this request, a plan would be required before an approval action could be taken. Any action to approve the request as submitted would require a General Plan Amendment of the Agricultural Element to address the above Goals, Policies and Programs. Orchard and Field Crops General Plan designation (OFC) The OFC establishes primary uses that are directly related to the cultivation, harvest, storage, processing, sale and distribution of all plant crops, especially annual food crops. Secondary uses include residential dwellings. The OFC establishes an Intensity of Use for minimum lot sizes of 5 acres with one single family dwelling per parcel with additional housing for on-site employees. There are no provisions currently in the OFC for either homesite segregations or land divisions resulting in parcels of less than 5 acres in size. Any action taken to approve such requests would require a General Plan Amendment of the Land Use Element Orchard and Field Crops designation. 0 Butte County Department of Development Services Agenda Report ❑ 2 Zoning Ordinance Sections 24-90 (Agricultural -20 acre min.) & 24-285(Segregation of Homesites in Agricultural Zones The A-20 zoning has provisions for the segregation of a homesite pursuant to Section 24-285. Section 24-285(B) allows for the segregation of one (1) homesite from the farmland upon the approval and issuance of Use Permit by the Planning Commission. This application is a request for two (2) homesites for which their is no provision in Section 24285. Section 24-285 also establishes seven (7) conditions that must be met before an approval can be granted. Condition (1) states that "the parcel to be created is to allow an owner who, for a minimum of ten (10) continuous years immediately prior to application, has resided upon and farmed the subject property, to retain the existing home and continue the remaining acreage in agricultural use. As indicated in the supplemental information submitted with the application the applicant "purchased subject property in 1991 because it provided two homes for our ranch manager and key employee." The application does not meet the intent of the Ordinance because the owner has neither owned the subject property for 10 (ten) continuous years or resided upon the property. Subdivision Map Act The applicant would as a result of any Use Permit approval be required to submit a Tentative Parcel Map application to legally divide the parcel for sale, lease or finance pursuant to the Subdivision Map Act. Such a land division would require findings that the map is consistent with the General Plan and Zoning Ordinance. The General Plan findings cannot be made without an amendment to the AE and the Orchard and Field Crop designation of the Land Use Element as they are currently adopted. Conclusions This application was submitted and accepted by the Planning Division only after the applicant was duly counseled as to its obvious inconsistencies with the General Plan, however, until the agricultural zones are amended to reflect the goals, programs and polices of the AE, the provisions for homesite segregations in agricultural zones pursuant to Section 24-285 (Segregation of Homesites in Agricultural Zones) remain. While this Use Permit application has been accepted, it is recommended for denial because it is inconsistent with Agricultural Element and the Land Use Element of the General Plan. Pursuant to Government Code Section 65860, zoning ordinances must be consistent with the General Plan. This position was further supported by Assistant County Counsel McCabe in a memorandum dated July 3, 1995 in which he discussed in detail the supporting court cases that confirm the General Plan's supremacy over zoning. Regardless of the General Plan inconsistency issue, this request is also inconsistent with the provisions of Section 24-285 of the Zoning Ordinance. ENVIRONMENTAL DOCUMENTATION: This application is a project under the California Environmental Quality Act (CEQA) and as such, is subject to the requirements of CEQA. This project qualifies for a General Rule exemption to review under'CEQA as per Section 15061(b)(3) which exempts projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.. PUBLIC NOTICE AND COMMENTS: This application requires that a public hearing be advertised and held. Advertisement of the public hearing was published in a local newspaper and were mailed to all property owners within a 300 foot radius of the subject property. RECOMMENDATION: Staff recommends that the Planning Commission deny Application No. UP 97-14 for Jones & Matthews Ranch Inc. on APN 039-240-092, subject to the findings listed in the attached Exhibit "A". Attachments: A: Vicinity Map B: Site Plan KAP ROJECTS\U PC W WTTHE W S. UP\PC. RPT 0 Butte County Department of Development Services Agenda Report 0 EXHIBIT "A" USE PERMIT Pursuant to the provisions of the Butte County General Plan and the Zoning Ordinance of the County of Butte Jones and Matthews Ranch, Inc. is denied a Use Permit in accordance with application filed: November 12, 1996, to allow the segregation of two existing homesites of 1.3 acres each from a 37.62 acre parcel zoned A-20 (Agricultural - 20 acre min.) on the north side.of Burdick Road approximately 2000 feet east of Troxel Road in the Durham area. The project site is located in Supervisorial District 4. FINDINGS: Section 1: Environmental Findings. A. Upon careful and deliberate review of the project and the project site environs, the proposed action will have no significant environmental effects and has been determined to meet the criteria for a General Rule Exemption under Section 15061(b)(3) of the California Environmental Quality Act guidelines; and Section 2: General Plan Findings. A. The request is inconsistent with Goal 3, Policy 3.3,(p.AE-13) of the Agricultural Element which disallows Agricultural Segregations for homesites. B. The request is inconsistent with Goal 1, Policy 1.6 (p.AE-8) of the Agricultural Element which limits the minimum parcel sizes for new land divisions, in areas identified as Orchard & Field Crops on the General Plan Land Use Map, to not less than the existing 20 acre minimum zoning designation of A-20. C. The request is inconsistent with Goal 1, Program 1.2 (p.AE-9) of the Agricultural Element which requires the amendment of the Zoning Ordinance to provide zoning consistent with an Orchard and Field Crops land use designation including minimum lot sizes, and uses which support continued agriculture. This Program invalidates the homesite segregation uses in the Zoning Ordinance. The project would allow single family dwellings on sub -standard parcels (1.3 acres) which is not consistent with the Orchard and Field Crops General Plan designation which establishes a 5 acre minimum lot size for land divisions. D. This request is inconsistent with Goal 3, (p.AE-13) of the Agricultural Element which supports the management of agricultural lands in an efficient; economical manner, with minimal conflict from non- agricultural uses. The approval of homesite segregations would allow these homes to be sold as sub- standard residential parcels in agricultural zones that could be occupied non -agriculturally related persons. E. This request is inconsistent with Goal 3, Policy 3.5 (p.AE-13) of the Agricultural Element which states the primary purpose of. the Orchard and Field Crop land use category shall be for agricultural production, related processing, and services in support of agriculture. Residential uses, such as a farmer's home; in this category is a secondary use and is permitted on a limited basis to assist and support agriculture. Homesite segregations would allow the creation of a new residential parcels that would only serve a residential use with no assurances. that these homes would be occupied by agriculturally related persons. Such a use would clearly violate the intent of this policy and undermine the opportunity to utilize existing housing for farm families or agriculturally related persons. F. This request is inconsistent with the Orchard and Field Crops (OFC) designation in the Land Use Element because there are no provisions currently in the OFC designation for either homesite segregations or land divisions resulting in parcels of less than 5 acres in size. Any action taken to approve such requests would ❑ Butte County Department of Development Services Agenda Report ❑ 4 require a General Plan Amendment of the Land Use Element Orchard and Field Crops designation. Section 3: Zoning Ordinance Findings. A. The proposed use may impair the integrity and character of the zone in which the land lies, and that the use may be unreasonably incompatible with, or injurious to, surrounding property, because there are no assurances that the owners/occupants of the segregated homesites will be agriculturally related there is no assurance these owners/occupants will be compatible with agricultural uses on surrounding properties; and B. The proposed project is inconsistent with Section 24-285(Segregation of Homesites in Agricultural Zones) because this application is a request for two (2) homesites for which their is no provision in Section 24-285 and; C. The application does not meet the intent of Section 24-285 because the applicant has not owned the subject property, resided upon the property or farmed the property for 10 (ten) continuous years and will not retain the existing home(s) on the property. Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this report; move to deny the Use Permit for Jones & Matthews on APN 039-240-092. ❑ Butte County Department of Development Services Agenda Report 0 M UP 97-14 AP# 039-240-092 JONES & MATTHEWS K A-20 A-40 A-40 Kailva .0- Aol Durham -Dayton Hwy Location A -2D A-20 BUTTE COUNTY PLANNING COMMISSION Applicant: Jones & Matthews Ranch Inc. Owner: Same Hearing Date: 9:00 A I" Existing Zone: A-20 (Agricultural, 20 acre min.) . N Request: Use Permit to allow the segregation of 2 existing homesites @ I acre each. No Scale sessor I 1�i�i Parcel No: 039-240-092 File: 97-14 r 0 PROJECT NAME Jones & Matthews Ranh Tnrr S CH # AP # 39-24-92 FILE # UP 97-14 30 Day Review Period Ends SCH Review Period Ends OUTGOING.ACTIVITY Date Agency/Person I I I I DEPARTIMONT OF DEVELOPMAT SERVICES BUTTE COUNTY UNIFORM APPLICATION ArrMi-An 1: Agent ►ncormatton to De proviaea is on otner Slae: APPLICANT'S NAME ( If applicant is different from owner an affidavit is required) ASSESSOR'S PARCEL NUMBER: tJGY�,ES �fITTyE6f/S .Pfl'I"c!� /!7G• 39 ADDRESS: CITY; STATE & ZIP CODE: FILE NUMBER:, (FOR OFFICE USE) q2- l NAME OF PROPOSED PROJECT (If any) TELEPHONE (Rd ) 3-A1-0977 LOCATION -OF PROJECT ( Major cross streets and Address, if any ) e'?oe'ry EW,ST' al' T.LOXEG ,Ce_WJ GENERAL INFORMATION REQUIRED OWNER'S NAME �y71tY'e9l.. ; AP? 41el /Iel . TELEPHONE ( J9i6) 392 -e5V77 ADDRESS:. CITY, STATE & ZIP CODE: //6.3 41 g0 - ZONE GENERAL PLAN EXISTING LAND USE SITE SIZE ( in Square Feet or Acres ) fi -ZD 0.6 . F,^ f' C . O,T1CHi9�Plj W Z h�G�JES/TES eZ� ,gC. f EXISTING STRUCTURES (in Square Feet) PROPOSED STRUCTURES ( in Square Feet ) fi'O�J�E L L3� 5i`• �- h'O�''@ 1,9Gt�s.= IYGYf� W Gr9/rSY� g65> Ale- F(Check (CheckOne) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED O PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER PROPERTY IS OR PROPOSED TO BE ON SEPTICPROPERTY IS OR PROPOSED TO BE ON WELL WATER ❑ GENERAL PLAN AMENDMENT O REZONE USE PERMIT ❑ MINOR USE PERMIT ❑ VARIANCE O MINOR VARIANCE ❑ ADMINISTRATIVE PERMIT O DEVELOPMENT AGREEMENT APPLICATION REQUESTED O TENTATIVE SUBDIVISION MAP O TENTATIVE PARCEL MAP O WAIVER OF PARCEL MAP LOT LINE ADJUSTMENT O LEGAL LOT DETERMINATION O CERTIFICATE OF MERGER ❑ MINING AND RECLAMATION PLAN O OTHER PROJECT DESCRIPTION FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. •If this application is for a land division, describe the number and size of parcels.) F4 vl' 14K&IIr TO elzlze r/ TyE SE�2EGl9T/Gi'%' Planning Divisi OWNER CERTIFICATION III U e I or. 1 CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESC P e t FURTHER, I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL 9F THE ABOVE INFO ATIO S TRUE AND ACCURATE. (If an a nt is to be authorized, e rc� affidavit of authorization and include vit w' this appli n.) \/ DATE: X 0 �� SIGNATURE: X �� 1 AGENT AUTHORIZATION To Butte County, Department of Public Works: �roery5T�,2 �'l>��EE.2/�'G, f,J3 = i6o0 Print Name of Agent and Phone Number ZO 0,,-=C14r e4,f7Xo�' PQ 14�f Mailing Address is hereby authorized to process this application foryS� P1/T on my property, identified as Butte County Assessors Parcel Number 39- Z4— 09Z This authorization allows representation for all applications, hearings, appeals, etc. and to sign all documents necessary for said, p;ocessing, but not including document (s) relating to record title interest. Owner(s) of Record: (sign and print name) j cu1� Print Name Print Name Signature Signature Architect and/or Engineer: lY�2TiY,STr9.2Gll!'��'G� f.93 —/60o Print Name of Architect/Engineer and Phone Number ZO ` JC�Pr9TlG�'7 'Mailing Address FOR OFFICE USE ONLY Verify Dat received: / f - 1 :� -212 AP Number(s) Owners Authorization Project Description Total amount received: qf1 On Legal Description Zoning requirements Copies of plot plan Taken by Receipt Nolz 1,7e. -E.H. •f17L.D.0X Plan- M(.fLF:D.�(7 Payment of the currently required Application Fee and/or Deposit (Any unused portion of a deposit) will be returned upon final action. Current fee for this application is $ Make check payable to 'Butte County Treasurer". c.\wp60docs\fo rms\lla-app• pg2 as of Subj: Parcel -039-240-092,.-37.62 Acres; 3164 Burdick Rd., Chico, Ca. Request variance to parcel -off existing homes ite/buildings, approximately 2 acres for key .employees.. Back- ground: We purchased subject property in 1991 because it provided two homes for our Ranch 2•fanag'er and key employee. The property had suffered deferred maintenance/economic..obsolescence,-and required leveling and was re -planted in 1992. our reasoning was to enhance employee stability, security,' and pride of ownership as we farm in close proximity: Dear Sirs, We are in the process of petitioning the Planning Commission to all6w us to transfer existing homesite to our trusted manager/family and respectfully request your approval. We 'had endeavored our' due diligence from point of sale; However the recent Agriculture Element Act .eroded that right. There is absolutely no impacts.on said site since existence in 1937. It is our sincere purpose to improve site'and avoid a rental situation. Have enclosed a comments inquiry and acknowledge your participation.and again, si:ncE:re' i.hu,-;r1s. Chuck Jones Jones Matthews Ranch Inc. USE PERMIT APPLICATION FOR JONES. &.MATTHEWS RANCH APN 39-24-092 SUPPLEMENTAL INFORMATION SHEET 8 • TAI,41 BARLOW Nsv *t Recorded 01 1ho PAQuW of Ahd Val/ay ride ti Escrow C-0 Order NO. Escrow No. 127667TH Won No. 92-0061 ♦9 WHEN RECORDED MAIL TO: Recorded OfficLol. Records I Jones 4 Matthews Ranch County of I Attn: Chuck Jones Butte I el Corporate Plaza, Suite IUl Candors, J. Grubbs I Newport beach. CA 92660 Recorder I SsOOom 14 -Fob -92 I 91-06149 Rao Fee 3.00 DOC 330.00 Check 333.00 KVTC ji I MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX 030M C-Wftd as ma mommosomm, a .00 on smas a samsomosom BARE AS AWA assay" a a- a aft The undemignad nrgr glorLyme ow— a 0--. so -W am-'sft No - ftm tam GRANT DEED FOR A VALUABLE COWIDERATION, mosiol d at In hes" PAULA D. BIRDSEYE. AS TRUSTEE OF THE PAULA D. SIRDSEYE LMING TRUST CREATED ON JUNE 12. 1991 moby GRANT(6) to JONES i MATTHEWS RANCH. INC, a CeItfomls CorPoratim the mal papwly In Me ClVd UNINCORPORATED AREA Ca s*4 d BUTTE as THE NORTHEAST OUARTER OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 21 NORTH RANGE ONE FAST. ILD.B.&M, LESS A STRIP OF LAND 49 1,2 FEET IN WIDTH OFF THE EAST SIDE OF THE LAND DESCRIBED. Dated -larminq 25 JON STAT( OF CAL040FVAA COUNTY OF Butte Or February 13. 1992 am J.mj Marlow vow -ft smeared Paula V. Bird -ye P. W -N Lro— ft — to,ft Is " on so basis al satyr ", 0. b. 0. V..W9.1.seer. w Wsl W" 01"~ 10 ft ro...oay.w. adaiS rabgpe W — " h.%Mn" --Ad to ps.*-Pv... .1fih".4 cmoaoer(.W. md OW br AmAWAftik aw-(-) T W.Do Wson(11 a, we Q,".Pm-bahal of 9. 0-01 ..4 O.—Aad 0"o WATWas " t-4 ans ~ mml t PAULA U. Ufflubrvr- IKUSItft END OF DOCUMENT Manning Division NOV 12 1996 Cpm TAI,41 BARLOW Nsv *t END OF DOCUMENT Manning Division NOV 12 1996 Cpm TO W%hStar' ENGINEERING 20 DECLARATION DRIVE CHICO, CALIFORNIA 95973 Civil Engineers • Planners • Surveyors , 916-893-1600 l� Job No. 57�� Date Attn PROJECT: U� Z�- -E,- `:�/e ^*e -l- 3,0-z9- _,22- TRANSMITTING ,2z ' TRANSMITTING Herewith Personal Delivery Separate cover, STATUS: Preliminary ✓ In Progress Final MESSAGE: THE FOLLOWING: FOR: Approval Information Checking Your use Files `Processing Review -comment As requested C.C. TO Signed ►anning Division ar�,,L, �- c_.,� ► day"# o"i p 0 03� — 2c;_o — ce c -&o ►� G 00 1 . D\� C)L1© P4Q,%k-A, ST;->> S J GS I- i I I 1 l EL: 039 250 041 000 STATUS: ACTIVEYOUNT EL: 039 240 092 000 STATUS: ACTIVE BECKY ANN JONES & MATTHEWS RANCH INC ` 3197 BURDICK RD 1163 PATRICA DRIVE _. CHICO CA 95928 CHICO CA 95926-7901 EL: 039 240 009 000 STATUS: ACTIVE EL: 039 240 006 000 STATUS: ACTIVE MONTGOMERY PAUL W ' ALMONT ORCHARDS INC 9478 TROXEL RD 3108 BURDICK RD CHICO CA 95928 CHICO CA 95928 EL-: 039 240 056 000 STATUS: ACTIVE EL: 039 240 007 000 STATUS: ACTIVE AMATOR CLARABEL ETAL GERMAN JUDSON D & SANDRA REV LIVING TR GERMAN JUDSON D & SANDRA F TRUSTEES 9384 TROXEL RD P 0 BOX 271 CHICO CA 95928 DURHAM CA 95938 EL: 039 240 029 000 STATUS: ACTIVE EL: 039 250 003 000 STATUS: ACTIVE ` MILLER EMMA LOU TRUST ( LEACH KENNETH L & MARIA D P 0 BOX 204 3233 BURDICK RD DURHAM CA 95938 CHICO CA 95928 EL: 039 250 004 000 STATUS: • ACTIVE EL: 039 250 040 000 STATUS: ACTIVE ' COON EMMETT A & MARJORIE E TR ABSHIER STEVEN L & ESTHER C P 0 BOX 76 9290 TROXEL RD DURHAM CA 95938 _. CHICO CA 95928 EL: 039 250 006 000 STATUS: ACTIVE EL: 039 250 060 000 STATUS: ACTIVE HACKETT ADELE B ARVONEN FAITH LYNN 3181 BURDICK RD 3255 BURDICK RD CHICO CA 95928 CHICO CA 95928 EL: 039 250 009 000 STATUS: ACTIVE EL: 039 250 061 000 STATUS: ACTIVE MEAD ORCHARDS INC HACKETT GEORGE CORTEZ 9093 TROXEL RD 3255 BURDICK RD �.:. CHICO CA 95928 CHICO CA 95928 Date.04 24 97 5evelo meat Services De art nt Time 9:43 am Applicant Billing Worksheet Pale 1 APL 97-04 * Jones & Matthews Ranch, Inc. c/o NorthStar Engineering 20 Declaration Drive Chico, CA 95926 In reference to : Appeal of UP No. 97-14 Rounding : None Full Precision : No Last bill / / Last aging Last charge 04/17/97 Last payment / / Amount $0.00 Date/Slip# Description HOURSIRATE AMOUNT TOTAL 03/07/97 Administration / A 1.00 75.00 #10988 Clerk of the Board - Set Hearing & 75.00 Publishing Fee 03/10/97 Lynn R. / C 1.25 56.25 #11136 Clerical 45.00 03/10/97 Larry P. / P 0.25 14.75 , #11183 Processing 59.00 03/10/97 Steve L. / P 2.00 118.00 #11202 ' Processing 59.00 04/07/97 Lynn R. / C 0.50 22.50 #11320 Clerical 45.00 04/07/97 Larry P. / P 0.25 14.75 #11367 Processing 59.00 04/07/97 Steve L. / P 1.00 59.00 #11384 Processing 59.00 TOTAL BILLABLE TIME CHARGES 6.25 $360.25 TOTAL BILLABLE COSTS $0.00 TOTAL NEW CHARGES $360.25 1 Date 04/24/97 Development Services Department Time 9:43 am Applicant Billing Worksheet APL 97-04 * , :Jones & Matthews Ranch, Inc. (continued) PAYMENTS/REFUNDS/CREDITS 03/07/97 Deposit - Receipt -#207062 (250.00) TOTAL PAYMENTS/REFUNDS/CREDITS NEW BALANCE New Current period 110.25 TOTAL NEW BALANCE Page 2 ($250.00) $110.25 V Date 04 15:97 Development Services Department J P P Time 1:1 pm Applicant Billing Worksheet UP 97-14 * Jones & Matthews Ranch,.Inc. 1163 Patricia Drive Chico, CA 95926 In reference to UP, AP#039-240-092 Rounding : None Full Precision : No Last bill, / / Last aging Last charge : 03/06/97 Last payment : 04/15/97 Amount $238.30 Date/Slip# Description HOURS/RATE AMOUNT 11/04/96 Teri B. / C - 1.00 34.00 #10185 Clerical 34.00 12/02/96 Larry P. / P 2.00 118.00 #10365 Processing 59.00 12/02/96 Teri B. / C 1.00 34.00 #10391 Clerical 34.00 12/03/96 Paula L. / P 0.25 14.75 #10444 Processing 59.00 12/16/96 Steve L. / P 2.00 118.00 #10533 Processing 59.00 12/30/96 Steve L. / P 1.00 59.00 #10654 Processing 59.00 01/13/97 Steve L. / P 3.00 177.00 #10755 Processing 59.00 01/27/97 Craig S., / P 0.50 29.50 #10778 Processing 59.00 01/27/97 Lynn R. / C 2.50 112.50 #10811 Clerical 45.00 02/10/97 Lynn R. / C 1.00 45.00 #10897 Clerical 45.00 02/24/97 Steve L. / P 2.00 118.00 #11001 Processing 59.00 02/24/97 Craig S. / P 0.50 29.50 #11045 Processing 59.00 Page 3 TOTAL Date.04/15 97 Development Services Department Time 3,:-27 pm Applicant Billing Worksheet UP 97-14 * :Jones & Matthews Ranch, Inc. (continued) Date/Slip# Description HOURS/RATE AMOUNT 02/24/97 Lynn R. / C 0.25 11.25 #11087 Clerical 45.00 TOTAL BILLABLE TIME CHARGES Date/Slip# Description 02/13/97 Teri B. / $C #10977 Publish Legal Notice in Chico Enterprise Record 17.00 OTYIPRICE 1 37.80 37.80 TOTAL BILLABLE COSTS TOTAL NEW CHARGES PAYMENTS/REFUNDS/CREDITS 11/13/96 Deposit - Receipt #15666 (700.00) 04/15/97 Payment, Receipt No. 15861 (238.30) TOTAL PAYMENTS/REFUNDS/CREDITS NEW BALANCE TOTAL NEW BALANCE 0 Page 4 TOTAL $900.50 $37.80 $938.30 ($938.30) $0.00 �, uttecoun PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916) 538-7785 April 8, 1997 Jones and Matthews Ranch Inc. 1163 Patricia Drive Chico, CA 95926 Re: Use Permit, AP 039-240-092, UP97-14 Gentlemen: At the regular meeting of the Butte County Board of Supervisors held April 8, 1997, your appeal of a denied Use Permit to allow the segregation of 2 existing homesites on property zoned A-20 located on the north side of Burdick Road, Durham, was denied without prejudice. Should you have any questions regarding this matter, please contact this Department. Sincerely, Stephen Lucas Associate Planner SL:lr cc: Land Development Building Division Health Department Department of Forestry AGENDA REPORT TO: Honorable Chair and Board of Supervisors FROM: Department of Development Services DATE: March 20, 1997 REQUEST: Use Permit.#97-14 on APN 039-240-092 for Jones & Matthews Ranch Inc. - Owner/Applicant: A Use Permit request to allow the segregation of two (2) existing homesites of 1.3 acres each from a 37.62 acre parcel zoned A-20 (Agricultural -20 acre min.) on the north side of Burdick Road approximately 2000 feet east of Troxel Road in the Durham area. The project site is located in Supervisorial District 4. RELATED ITEMS: Planning Commission staff report and approval recommendation of February 27, 1997. FOR: Board of Supervisors Meeting of April 8, 1997 SUMMARY: The requested Use Permit is not consistent with the Agricultural Element and Orchard & Field Crops Land Use designations of the General Plan and is inconsistent with the Zoning Ordinance. Staff recommends that the Board of Supervisors confirm the Planning Commission recommendation and deny this request. PLANNING COMMISSION ACTION: On February 27, 1997 the Planning Commission held a public hearing on this Use Permit request. The applicant was clearly informed of the prohibitions against the use and probable denial on the request prior to making the application. There was abundant discussion of the request by the Commission as well as testimony from the applicant (Chuck Jones) and Myles Pustejovsky of Northstar Engineering. The applicants understood the restrictions in the General Plan and Zoning Ordinance, but indicated that there should be a process that allows segregations for farm employees without comprising agricultural. protections established in the General Plan. Fred Montgomery who owns and operates neighboring farms was very concerned that segregations would lead to complaints from occupants of the dwellings who were not involved with agricultural pursuits. The Planning Commission supported the staff recommendation for denial concluding that the request could not be approved due to prohibitions in the General Plan and Zoning Ordinance and continued to recognize the problematic nature of homesite segregations. The Planning Commission agenda report is attached to this document. ENVIRONMENTAL DOCUMENTATION: This application is a project under the California Environmental Quality Act (CEQA) and as such, is subject to the requirements of CEQA. This project qualifies for a General Rule exemption to review under CEQA as per Section 15061(b)(3) which exempts projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. 0 Butte County Board of Supervisors Agenda Report 0 PUBLIC NOTICE AND COMMENTS: This application requires that a public hearing be advertised and held. Advertisement of the public hearing was published in a local newspaper and mailed to all property owners within a 300 foot radius of the subject property. As of the date of this report we have received no public comment. RECOMMENDATION: Staff recommends that the Board of Supervisors confirm the Planning Commission action and deny this request, Application No. UP 97-14, for Jones & Matthews Ranch Inc. subject to the following findings in attached Exhibit A. Attachments: A: Planning Commission Minutes of February 27, 1997. B: Agenda Report February 5, 1997. C: Letter from Frederick and Mark. Montgomery dated February 27, 1997. D: Plot Plan. ❑ Butte County Board of Supervisors Agenda Report ❑ 2 • 0 EXHIBIT "A" Pursuant to the provisions of the Butte County General Plan and the Zoning Ordinance of the County of Butte Jones and Matthews Ranch, Inc. is denied a Use Permit in accordance with application filed: November 12, 1996, to allow the segregation of two existing homesites of 1.3 acres each from a 37.62 acre parcel zoned A-20 (Agricultural -20 acre min.) on the north side of Burdick Road approximately 2000 feet east of Troxel Road in the Durham area. The project site is located in Supervisorial District 4. FINDINGS: Section 1: Environmental Findings A. Upon careful and deliberate review of the project and the project site environs, the proposed action will have no significant environmental effects and has been determined to meet the criteria for a General Rule Exemption under Section 15061(b)(3) of the California Environmental Quality Act guidelines; and Section 2: General Plan Findings A. The request is inconsistent with Goal 3, Policy 3.3 (p.AE-13) of the Agricultural Element which disallows Agricultural Segregations for homesites. B. The request is inconsistent with Goal 1, Policy 1.6 (p.AE-8) of the Agricultural Element which limits the minimum parcel sizes for new land divisions, in areas identified as Orchard & Field Crops on the General Plan Land Use Map, to not less than the existing 20 acre minimum zoning designation of A-20. C. The request is inconsistent with Goal 1, Program 1.2 (p.AE-9) of the Agricultural Element which requires the amendment of the Zoning Ordinance to provide zoning consistent with an Orchard and Field Crops land use designation including minimum lot sizes, and uses which support continued agriculture. This Program invalidates the homesite segregation uses in the Zoning Ordinance. The project would allow single family dwellings on sub- standard parcels (1.3 acres) which is not consistent with the Orchard and Field Crops General Plan designation which establishes a 5 acre minimum lot size for land divisions. D. This request is inconsistent with Goal 3, (p.AE-13) of the Agricultural Element which supports the management of agricultural lands in an efficient, economical manner, with minimal conflict from non-agricultural uses. The approval of homesite segregations would allow these homes to be sold as sub -standard residential parcels in agricultural zones that could be occupied by non -agriculturally related persons. E. This request is inconsistent with Goal 3, Policy 3.5 (p.AE-13) of the Agricultural Element which states the primary purpose of the Orchard and Field Crop land use category shall be 0 Butte County Board of Supervisors Agenda Report 0 for agricultural production, related processing, and services in support of agriculture. Residential uses, such as a farmer's home, in this category is a secondary use and is permitted on a limited basis to assist and support agriculture. Homesite segregations would allow the creation of new residential parcels that would only serve a residential use with no assurances that these homes would be occupied by agriculturally related persons. Such a use would clearly violate the intent of this policy and undermine the opportunity to utilize existing housing for farm families or agriculturally related persons. F. This request is inconsistent with the Orchard and Field Crops (OFC) designation in the Land Use Element because there are no provisions currently in the OFC designation for either homesite segregations or land divisions resulting in parcels of less than 5 acres in size. Any action taken to approve such requests would require a General Plan Amendment of the Land Use Element Orchard and Field Crops designation. Section 3: Zoning Ordinance Findings A. The proposed use may impair the integrity and character of the zone in which the land lies, and the use may be unreasonably incompatible with, or injurious to, surrounding property, because there are no assurances that the owners/occupants of the segregated homesites will be agriculturally related and there is no assurance these owners/occupants will be compatible with agricultural uses on surrounding properties; and B. The proposed project is inconsistent with Section 24-285(Segregation of Homesites in Agricultural Zones) because this application is a request for two (2) homesites for which their is no provision in Section 24-285 and; C. The application does not meet the intent of Section 24-285 because the applicant has not owned the subject property, resided upon the property or farmed the property for 10 (ten) continuous years and will not retain the existing home(s) on the property. Section 3: Action A. Subject to the findings indicated in Sections 1 and 2 of this report, move to deny the Use Permit for Jones & Matthews on APN 039-240-092.. 0 Butte County Board of Supervisors Agenda Report ❑ al 0 0 ATTACHMENT A A. Jones and Matthews Ranch Inc - (Item determined to be a General Rule Exemption from environmental review) Use Permit request to allow the segregation of two (2) existing homesites of 1.3 acres each from a 37.62 acre parcel zoned A-20 (Agricultural - 20 acre parcels) located on the north side of Burdick Road, approximately 2000 feet east of Troxel Road, identified as APN 039-240-092, in the Durham area. (SL) (UP97-14) (VIDEO) Stephen Lucas summarized the Agenda Report and said that the project is inconsistent with the Agricultural Element of the General Plan and the Zoning Code. It was noted that the recommendation for approval of the agenda is incorrect. Commissioner Nelson said that the Planning Commission has not been supporting agricultural segregations. Commissioner Leland thought homesite segregations should be considered on a case by case basis and was strongly against a blanket prohibition against them. Commissioner Mooney asked about the agricultural maintenance plan. Mr. Lucas said the applicant was advised that denial would be recommended and an agricultural maintenance plan was not required. The application was accepted because the Zoning Code has not been amended to be consistent with the General Plan and still allows homesite segregations, although not for two homesites. Commissioner Mooney thought the 5 acre parcel size was too restrictive and said that allowing smaller parcels would preserve more of the land for agriculture, however he noted there could be future problems for agriculture if the small parcels are eventually purchased by people not involved with agriculture. Commissioner Leland asked if the units would be rentable only to persons involved with agriculture. Mr. Lucas said anyone could rent the units. Chairman Lambert asked if a 99 year lease would be possible. Mr. Sanders said a lease would require a parcel map. HEARING OPEN TO THE PUBLIC �,,.�,_.,,,rw........._...... BUTTE�COUNTY..P.CANNING..:COMMISSION..-.MINUTESn.---'..Februarytm27K, 1:997 • t • Myles Pustejovsky, of NorthStar Engineering, said the applicant bought the property eight years ago for homes for the hired hands and since that time, homesite segregations have been disallowed. The applicants want their employees to be able to purchase the homes. Life estates would not work. Mr. Sanders noted that there is an agricultural exclusion regarding leases allowed by the Subdivision Map Act. Mr. Pustejovsky said that Tehama County has a procedure for working with life estates with parcel maps, but he did not know the details. There was discussion of life estates. Commissioner Leland asked what effect this ag segregation would have on agriculture in the area. Mr. Pustejovsky thought with uncontrolled zoning or planning there would be a tremendous impact because every house could be on a separate parcel, which could have a tremendous impact on farming. However on this particular parcel there would be no impact, since the residences are basically part of the salary of the employees. Commissioner Leland said the density would not be affected since.the homes are already existing, and there would not be an adverse impact on agriculture since the residents are farmers, however if ownership changes to non -farmers there could be a conflict with agriculture. The homes would be helpful as compensation for good farm managers. Commissioner Nelson said the intent for ag segregations was to be helpful to elderly farmers to allow them to live on the land while no longer farming. The problem has been that the lots eventually are sold as residential lots and someone buys the large ag parcel and wants to build a residence on that parcel also which increases the density. The original intent of ag segregations is lost. There was a discussion of the regulations regarding the ag portion of homesite segregations and potential residences to be built on them. Commissioner Mooney asked if the land could be split into two 20 acre parcels. Even though the property is less than 40 acres, the parcels are aliquot parts of a Section, Mr. Pustejovsky said the applicant does not want to create two large parcels, but only wants to separate out the homes. Mr. Lucas said the Ag Element forbids homesite segregations, so even a request for one instead of two would be recommended for denial. .q �_ . BUTTE. COUNTY-2:PLNN AING-:!COMMISS:ION `MINUTES- -',,,,:February x7,s 4997 9 • Chuck Jones, one of the applicants, thought the Ag Element has goals that would fit into the scenario of the farm workers owning the homes. He bought the property to have homes for his ranch managers and wanted them to be able to own their own homes and have better property management with the employees having more responsibility. He mentioned some of the goals, policies and programs which he thought are relevant. He said it is difficult to get good employees without having a place for them to live. He suggested having deed restrictions put on the property so the homes could stay in the family and the property not be sold off. Commissioner Leland did not see how a deed restriction could be enforceable. Mr. Jones said the original home was built in 1937 and the second home was built in the 1950's and nothing has changed since then. Chairman Lambert said the zoning and rules have changed. Fred Montgomery, owner of surrounding property read a statement expressing his concern that there be no additional dwellings and the two existing dwellings should be maintained and owned by people who understand the problems of living surrounded by farming properties. If the permit is granted he would request restrictions against additional dwellings and a restriction be placed on the orchard parcel that there can be no additional dwellings. He suggested that CC&R's be placed on all three parcels for the benefit of the Almont Inc. parcels, his family corporation. His letter was signed by himself and Mark Montgomery. He doesn't want people complaining about his farming practices or putting in more homes. HEARING CLOSED TO THE PUBLIC Chairman Lambert said the request does not comply with the General Plan, the Ag Element of the Zoning and the applicant was informed of the problems by staff. It was noted that even a request for a one parcel homesite segregation would not be in compliance with regulations. Commissioner Leland agreed the request could not be approved under current rules, although he thinks the policy is misguided and should be reviewed. An appeal could raise this issue with the Board of Supervisors. He said the current policies of the Ag Element should be upheld. Chairman Lambert said the original intent of the homesite segregation process has resulted in abuses and the procedure did not accomplish its original purpose. It was moved by Commissioner Leland, seconded by Commissioner Nelson, and carried unanimously, to deny the Use Permit for Jones and Matthews Ranch, Inc on AP 039-240- 092 subject to the findings listed in Exhibit "A" of the Agenda Report dated February 5, 1997. 1997 :_;.�*i�}ti:BUTTE::COUNTY:7PLANNING -COMMISSION-MINUTES February..2.7, ' EXHIBIT "A" Pursuant to the provisions of the Butte County General Plan and the Zoning Ordinance of the County of Butte Jones and Matthews Ranch, Inc. is denied a Use Permit in accordance with application filed: November 12, 1996, to allow the segregation of two existing homesites of 1.3 acres each from a 37.62 acre parcel zoned A-20 (Agricultural -20 acre min.) on the north side of Burdick Road approximately 2000 feet east of Troxel Road in the Durham area. The project site is located in Supervisorial District 4. FINDINGS: Section 1: Environmental Findings.. A. Upon careful and deliberate review of the project and the project site environs, the proposed action will have no significant environmental effects and has been determined to meet the criteria for a General Rule Exemption under Section 15061(b)(3) of the California Environmental Quality Act guidelines; and Section 2: General Plan Findings. A. The request is inconsistent with Goal 3, Policy 3.3 (p.AE-13) of the Agricultural Element which disallows Agricultural Segregations for homesites. B. The request is inconsistent with Goal 1, Policy 1.6 (p.AE-8) of the Agricultural Element which limits the minimum parcel sizes for new land divisions, in areas identified as Orchard & Field Crops on the General Plan Land Use Map, to not less than the existing 20 acre minimum zoning designation of A-20. C. The request is inconsistent with Goal 1, Program 1.2 (p.AE-9) of the Agricultural Element which requires the amendment of the Zoning Ordinance to. provide zoning consistent with an Orchard and Field Crops land use designation including minimum lot sizes, and uses which support continued agriculture. This Program invalidates the homesite segregation uses in the Zoning Ordinance. The project would allow single family dwellings on sub -standard parcels (1.3 acres) which is not consistent with the Orchard and Field Crops General Plan designation which establishes a 5 acre minimum lot size for land divisions. D. This request is inconsistent with Goal 3, (p.AE-13) of the Agricultural Element which supports the management of agricultural lands in an efficient, economical manner, with minimal conflict from non-agricultural uses. The approval of homesite segregations would allow these homes to be sold as sub -standard residential parcels in agricultural zones that could be occupied non -agriculturally related persons. ��H.,.r; �x .t;*=xwi BUTTE COUNTY:,,:PLANNING�:COMMISSION MINUTESti1�-.Februar_p2,7r,,199.7 E. This request is inconsistent with Goal 3, Policy 3.5 (p.AE-13) of the Agricultural Element which states the primary purpose of the Orchard and Field Crop land use category shall be for agricultural production, related processing, and services in support of agriculture. Residential uses, such as a farmer's home, in this category is a secondary use and is, permitted on a limited basis to assist and support agriculture. Homesite segregations would allow the creation of a new residential parcels that would only serve a residential use with no assurances that these homes would be occupied by agriculturally related persons. Such a use would clearly violate the intent of this policy and undermine the opportunity to utilize existing housing for farm families or agriculturally related persons. F. This request is inconsistent with the Orchard and Field Crops (OFC) designation in the Land Use Element because there are no provisions currently in the OFC designation for either homesite segregations or land divisions resulting in parcels of less than 5 acres in size. Any action taken to approve such requests would require a General Plan Amendment of the Land Use Element Orchard and Field Crops designation. Section 3: Zoning Ordinance Findings. A. The proposed use may impair the integrity and character of the zone in which the land lies, and that the use may be unreasonably incompatible with, or injurious to, surrounding property, because there are no assurances that the owners/occupants of the segregated homesites will be agriculturally related there is no assurance these owners/occupants will be compatible with agricultural uses on surrounding properties; and B. The proposed project is inconsistent with Section 24-285(Segregation of Homesites in Agricultural Zones) because this application is a request for two (2) homesites for which their is no provision in Section 24-285 and; C. The application does not meet the intent of Section 24-285 because the applicant has not owned the subject property, resided upon the property or farmed the property for 10 (ten) continuous years and will not retain the existing home(s) on the property. Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this report, move to deny the Use Permit for Jones & Matthews on APN 039-240-092. BUTTE. COUNTY -PLANNING; COMMISSION MINUTES February -r- 997 Y1 • ATTACHMENT B AGENDA REPORT . TO: Honorable Chair and Planning Commission FROM: Department of Development Services DATE: February 5, 1997 REQUEST: Use Permit #97-14 on APN 039-240-092_ for Jones & Matthews Ranch Inc. - Owner/Applicant: A Use Permit request to allow the segregation of two (2) existing homesites of 1.3 acres each from a 37.62 acre parcel zoned A-20 (Agricultural -20 acre min.) on the north side of Burdick Road approximately 2000 feet east of Troxel Road in the Durham area. The project site is located in Supervisorial District 4. RELATED ITEMS: None ` FOR: Planning Commission Meeting of February 27, 1997 SUMMARY: Staff recommends denial of this application subject to the findings and conditions contained herein. PROJECT CHARACTERISTICS: This project is a Use Permit request to allow the segregation of two (2) existing homesites of one 1.3 acre each from a 37.62 acre parcel. The two homes are 2300 sq.ft. and 1900 sq.ft. in size. The parcel has an existing orchard use with the two homes and located on the property. The homes each utilize domestic wells and septic systems. Access to the parcel is from Burdick Road. The site is located in the Durham - Dayton -Nelson (D2N) Planning Area and approximately 2 miles west of the Durham Urban Area boundary. SURROUNDING ZONING, GENERAL PLAN DESIGNATION AND EXISTING LAND USE: Described below are the project and surrounding zoning, general plan land use designation and the existing land uses. Direction Zonino General Plan Existing Land Use Project: A-20 Orchard & Field Crops Orchard, Two single family dwellings North A-20 Orchard & Field Crops Orchard South: A-20 Orchard & Field Crops Orchard East: A-20 Orchard & Field Crops Orchard West: A-20 Orchard & Field Crops Orchard ANALYSIS: Approval of this project would allow a the segregation of two single family dwellings of 2300 sq.ft. and 1900 sq.ft. in size on 1.3 acre parcels. The applicant indicates that the homes are utilized by ranch employees and it is the owners desire to transfer ownership of the segregated homesites to these employees. This application has been reviewed for consistency with the land use regulations found in the Butte County General Plan Agricultural Element, the Orchard & Field Crops General Plan designation, the Butte County Zoning Code Sections 24-90 (A-20, Agricultural Zones) and 24-285 (Segregation of Homesites in Agricultural Zones) and the Subdivision Map Act as discussed below. Agricultural Element The Butte County Agricultural Element (AE) was adopted by the Board of Supervisors in May of 1995 after two years of discussions by members of the Butte County Farm Bureau and members of the agricultural community. This Agricultural Element Committee reviewed the agricultural uses and policies in Butte County and developed the AE of the General Plan to preserve and enhance the agricultural base of Butte County. The AE applies to all lands designated in the Butte County General Plan Land Use Element as Orchard & Field Crops. Goal 1, Policy 1.9 (p.AE- 10) also applies the policies of the AE to the parcels located in the Durham -Dayton -Nelson (D2N) Area Plan. The parcel in this application is subject to both the regulations of the AE and the D2N Plan. 0 Butte County Department of Development Services Agenda Report 0 • 0 The AE put in place several goals, policies and programs that both specifically address the segregation of homesites as well as regulations related to non-agricultural land uses and parcel divisions. These items are transcribed below with appropriate analysis. Goal 3, Policy 3.3 (p.AE-13): Discontinue Agricultural Segregations for homesites (life estates serve the same purpose). This policy requires no interpretation as to its intent. Goal 1, Policy 1.6 (p.AE-8): Limit the minimum parcel sizes for new land divisions, in areas identified as Orchard 8 Field Crops on the General Plan Land Use Map, to not less than the existing zoning designation from 5 to 160 acres. Considering that all segregations of homesites must be followed by an approval of a tentative parcel map for their legal creation, this policy would preclude the ability to allow a land division of less than the 20 acre minimum parcel size allowed in the A-20 zone. Goal 1, Program 1.2 (p.AE-9) Amend the Zoning Ordinance to provide zoning consistent with an Orchard and Field Crops land use designation including minimum lot sizes, and uses which support continued agriculture. This Program invalidates the homesite segregation uses in the Zoning Ordinance due to the one to two acre lot sizes mandated by the Ordinance which is not consistent with the Orchard and Field Crops General Plan designation which establishes a 5 acre minimum lot size for land divisions. Goal 3, (p.AE-13): Support the management of agricultural lands in an efficient, economical manner, with minimal conflict from non-agricultural uses. The approval of homesite segregations would allow these homes to be sold as sub -standard residential parcels in agricultural zones that could be occupied by non -agriculturally related persons. Goal 3, Policy 3.5 (p.AE-13): The primary purpose of the Orchard and Field Crop land use category shall be for agricultural production, related processing, and services in support of agriculture. Residential uses, such as a farmer's home, in this category is a secondary use and is permitted on a limited basis to assist and support agriculture. Homesite segregations would allow the creation of new residential parcels that would only serve as a residential use with no assurances that these homes would be occupied by agriculturally related persons. Such a use would clearly violate the intent of this policy and undermine the opportunity to utilize existing housing for farm families or agriculturally related persons. Goal 3, Program 3.5 (p.AE-14): When a request is made for a Use Permit on a lot(s) with existing agricultural operations, require the submittal of an agricultural maintenance plan to provide for the continuation of existing agricultural activities. The plans shall be reviewed for comments and conditions by the Agricultural Commissioner and Planning Services prior to the Planning Commission hearing on the Use Permit. As this Use Permit application was intended for a recommendation of denial from its acceptance by the Planning Division, the agricultural maintenance plan was not submitted or requested. If the Commission were to take any action to approve this request, a plan would be required before an approval action could be taken. Any action to approve the request as submitted would require a General Plan Amendment of the Agricultural Element to address the above Goals, Policies and Programs. Orchard and Field Crops General Plan designation (OFC) The OFC establishes primary uses that are directly related to the cultivation, harvest, storage, processing, sale and distribution of all plant crops, especially annual food crops. Secondary uses include residential dwellings. The OFC establishes an Intensity of Use for minimum lot sizes of 5 acres with one single family dwelling per parcel with additional housing for on-site employees. There are no provisions currently in the OFC for either homesite segregations or land divisions resulting in parcels of less than 5 acres in size. Any action taken to approve such requests would require a General Plan Amendment of the Land Use Element Orchard and Field Crops designation. 0 Butte County Department of Development Services Agenda Report 0 2 Zoning Ordinance Sections 24-90 (Agricultural -20 acre min.) & 24-285(Segregation of Homesites in Agricultural Zones The A-20 zoning has provisions for the segregation of a homesite pursuant to Section 24-285. Section 24-285(B) allows for the segregation of one (1) homesite from the farmland upon the approval and issuance of Use Permit by the Planning Commission. This application is a request for two (2) homesites for which their is no provision in Section 24285. Section 24-285 also establishes seven (7) conditions that must be met before an approval can be granted. Condition (1) states that "the parcel to be created is to allow an owner who, for a minimum of ten (10) continuous years immediately prior to application, has resided upon and farmed the subject property, to retain the existing home and continue the remaining acreage in agricultural use. As indicated in the supplemental information submitted with the application the applicant "purchased subject property in 1991 because it provided two homes for our ranch manager and key employee." The application does not meet the intent of the Ordinance because the owner has neither owned the subject property for 10 (ten) continuous years or resided upon the property. Subdivision Map Act The applicant would as a result of any Use Permit approval be required to submit a Tentative Parcel Map application to legally divide the parcel for sale, lease or finance pursuant to the Subdivision Map Act. Such a land division would require findings that the map is consistent with the General Plan and Zoning Ordinance. The General Plan findings cannot be made without an -amendment to the AE and the Orchard and Field Crop designation of the Land Use Element as they are currently adopted. Conclusions This application was submitted and accepted by the Planning Division only after the applicant was duly counseled as to its obvious inconsistencies with the General Plan, however, until the agricultural zones are amended to reflect the goals, programs and polices of the AE, the provisions for homesite segregations in agricultural zones pursuant to Section 24-285 (Segregation of Homesites in Agricultural Zones) remain. While this Use Permit application has been accepted, it is recommended for denial because it is inconsistent with Agricultural Element and the Land Use Element of the General Plan. Pursuant to Government Code Section 65860, zoning ordinances must be consistent with the General Plan. This position was further supported by Assistant County Counsel McCabe in a memorandum dated July 3, 1995 in which he discussed in detail the supporting court cases that confirm the General Plan's supremacy over zoning. Regardless of the General Plan inconsistency issue, this request is also inconsistent with the provisions of Section 24-285 of the Zoning Ordinance. ENVIRONMENTAL DOCUMENTATION: This application is a project under the California Environmental Quality Act (CEQA) and as such, is subject to the requirements of CEQA. This project qualifies for a General Rule exemption to review under CEQA as per Section 15061(b)(3) which exempts projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.. PUBLIC NOTICE AND COMMENTS: This application requires that a public hearing be advertised and held. Advertisement of the public hearing was published in a local newspaper and were mailed to all property owners within a 300 foot radius of the subject property. RECOMMENDATION: Staff recommends that the Planning Commission deny Application No. UP 97-14 for Jones & Matthews Ranch Inc. on APN 039-240-092, subject to the findings listed in the attached Exhibit "A". Attachments: A: Vicinity Map B: Site Plan K W ROJE C TS\UP C VAATTM E W S. U"C. R PT 0 Butte County Department of Development Services Agenda Report 0 EXHIBIT "A" USE PERMIT Pursuant to the provisions of the Butte County General Plan and the Zoning Ordinance of the County of Butte Jones and Matthews Ranch, Inc. is denied a Use Permit in accordance with application filed: November 12, 1996, to allow the segregation of two existing homesites of 1.3 acres each from a 37.62 acre parcel zoned A-20 (Agricultural - 20 acre min.) on the north side of Burdick Road approximately 2000 feet east of Troxel Road in the Durham area. The project site is located in Supervisorial District 4. FINDINGS: Section 1: Environmental Findings. A. Upon careful and deliberate review of the project and the project site environs, the proposed action will have no significant environmental effects and has been determined to meet the criteria for a General Rule Exemption under Section 15061(b)(3) of the California Environmental Quality Act guidelines; and Section 2: General Plan Findings. A. The request is inconsistent with Goal 3, Policy 3.3 (p.AE-13) of the Agricultural Element which disallows Agricultural Segregations for homesites. B. The request is inconsistent with Goal 1, Policy 1.6 (p.AE-8) of the Agricultural Element which limits the minimum parcel sizes for new land divisions, in areas identified as Orchard & Field Crops on the General Plan Land Use Map, to not less than the existing 20 acre minimum zoning designation of A-20. C. The request is inconsistent with Goal 1, Program 1.2 (p.AE-9) of the Agricultural Element which requires the amendment of the Zoning Ordinance to provide zoning consistent with an Orchard and Field Crops land use designation including minimum lot sizes, and uses which support continued agriculture. This Program invalidates the homesite segregation uses in the Zoning Ordinance. The project would allow single family dwellings on sub -standard parcels (1.3 acres) which is not consistent with the Orchard and Field Crops General Plan designation which establishes a 5 acre minimum lot size for land divisions. D. This request is inconsistent with Goal 3, (p.AE-13) of the Agricultural Element which supports the management of agricultural lands in an efficient, economical manner, with minimal conflict from non- agricultural uses. The approval of homesite segregations would allow these homes to be sold as sub- standard residential parcels in agricultural zones that could be occupied non -agriculturally related persons. E. This request is inconsistent with Goal 3, Policy 3.5 (p.AE-13) of the Agricultural Element which states the primary purpose of the Orchard and Field Crop land use category shall be for agricultural production, related processing, and services in support of agriculture. Residential uses, such as a farmer's home, in this category is a secondary use and is permitted on a limited basis to assist and support agriculture. Homesite segregations would allow the creation of a new residential parcels that would only serve a residential use with no assurances that these homes would be occupied by agriculturally related persons. Such a use would clearly violate the intent of this policy and undermine the opportunity to utilize existing housing for farm families or agriculturally related persons. F. This request is inconsistent with the Orchard and Field Crops (OFC) designation in the Land Use Element because there are no provisions currently in the OFC designation for either homesite segregations or land divisions resulting in parcels of less than 5 acres in size. Any action taken to approve such requests would 0 Butte County Department of Development Services Agenda Report 0 4 0 • require a General Plan Amendment of the Land Use Element Orchard and Field Crops designation. Section 3: Zoning Ordinance Findings. A. The proposed use may impair the integrity and character of the zone in which the land lies, and that the use may be unreasonably incompatible with, or injurious to, surrounding property, because there are no assurances that the owners/occupants of the segregated homesites will be agriculturally related there is no assurance these ownersloccupants will be compatible with agricultural uses on surrounding properties; and B. The proposed project is inconsistent with Section 24-285(Segregation of Homesites in Agricultural Zones) because this application is a request for two (2) homesites for which their is no provision in Section 24-285 and; C. The application does not meet the intent of Section 24-285 because the applicant has not owned the subject property, resided upon the property or farmed the property for 10 (ten) continuous years and will not retain the existing home(s) on the property. Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this report, move to deny the Use Permit for Jones & Matthews on APN 039-240-092. ❑ Butte County Department of Development Services Agenda Report ❑ 5 r t Location UP 97-14 AP# 039-240-092 rr I JONES & MATTHEWS In A-40 A-40 1 Durham-DaytonINw Proi ct Locations Ka4va A-20 Ro BUTTE COUNTY PLANNING COMMISSION Applicant: Jones & Matthews Ranch Inc. Owner: Same Hearing Date: 2-27 -.9? @ 9:00 A" Existing Zone: A-20 (Agricultural, 20 acre min.) A 1 Request: Use Permit to allow the segregation of 2 existing homesites C 1 acre each. No Scale Assessor Parcel No: 039-240-092 File: 97-14 �J To: Butte County Planning Commission Date: 27 February 1997 0 ATTACHMENT RE: Use Permit #97-14 on AF'N 039-240-092 for Jones and Matthews Ranch, Inc. We were informed by the Matthews of their desire to segregate the two houses on the parcel thereby creating three separate parcels, two residential lots and the remaining portion of the original parcel in agriculture as an orchard. Our primary concern is that there should be no additional dwellings and that the two that exist should be well cared for and an asset to the neighborhood owned by people who understand the problems of living surrounded by farming property. If thi"s permit is granted, we request that restrictions be placed on the two residential lots prohibiting any additional dwellings or mobile homes, and that a restriction be placed on the orchard parcel specifying that no residence can be built thereon. If these restrictions are not placed on each parcel created, we strongly oppose the granting of the permit. We also request a complete CC&R be created on all three parcels for the benefit of the following named parcels: Almont Orchards, Inc. AFS#039-240-091 AFS#039-24VI-046 Signed by Almont Orchards, Inc. Frederick S. Montgomery President Mark R. Montgomery Secretary -Treasurer C T APN 39-24 - 09/ S. 890 19'51" E. 1332.33' .C- W 1/16 1282.83' — S. 89°19'51' E. 1282.87' ! 1 009 0 M FD. 3/4" 0.1. P. . (3/4'IRON PIPE , LS3734)Ri + CENTER SEC. 26 PER RI �9, 1 49.50' o f 0 M SCALE: I"= 200' -o 0 (D Existing Orchord A PN 39 —24 — 092 (0 -� N � (0 O CO 38..24 AC. M APN 39-24-046 , 3 co w 0) - w :N N IA N C � C C O p . j o Z U) 8 . i PROPOSED -A.3 AC. HOMESITE PROPOSED 1.3 AC. HOMESITE W/ EXISTING BUILDINGS W/ EXISTING BUILDINGS SEE DETAIL SEE DETAIL :- 160' 180' (D 4 M } u tQ M M M C -S 1/16 1/2" 0.1. P. BEARS FROM THIS POINT i 1335' TO S i S.14028'E., 23.3' �= TROXEL RD. �� 1�- 465' 5' 165 .— 479 — 1284' �0-00 s W 1/16 = BURD/CK ROAD 49.50' A BENT 3/4"O.I.P. 1 BEARS FROM THIS POINT S. 16047'E., 1.4' w . r LO CIV MAP r — j Not to Scale D 0 D 1 11OURHAM-DAYTON D ♦ N HWY RD 18URDICK PRO✓ECT s/ rE - W ; ATTACHMENT D X i O BURDICK I ROAD DETAIL • I"= I o' 'PLAT TO ACCOMPANY, USE PERMIT APPLICATION Planning Division FOR NOV ���� JONES & MATTHEWS RANCH APN 39-24-092 t gar CIVIL ENGINEERS . PLANNERS • SURVEYORS `Q Nm 20 DECLARATION DRIVE • CHICO, CALIFORNIA 95973 NOVEMBER 1996 ENGINEERING (916) 893-1600 AGENDA REPORT TO: Honorable Chair and Board of Supervisors FROM: Department of Development Services DATE: March 20, 1997 REQUEST: Use Permit #97-14 on APN 039-240-092 for Jones & Matthews Ranch Inc. - Owner/Applicant: A Use Permit request to allow the segregation of two (2) existing homesites of 1.3 acres each from a 37.62 acre parcel zoned A-20 (Agricultural -20 acre min.) on the north side of Burdick Road approximately 2000 feet east of Troxel Road in the Durham area. The project site is located in Supervisorial District 4. RELATED ITEMS: Planning Commission staff report and approval recommendation of February 27, 1997. FOR: Board of Supervisors Meeting of April 8, 1997 SUMMARY: The requested Use Permit is not consistent with the Agricultural Element and Orchard & Field Crops Land Use designations of the General Plan and is inconsistent with the Zoning Ordinance. Staff recommends that the Board of Supervisors confirm the Planning Commission recommendation and deny this request. PLANNING COMMISSION ACTION: On February 27, 1997 the Planning Commission held a public hearing on this Use Permit request. The applicant was clearly informed of the prohibitions against the use and probable denial on the request prior to making the application. There was abundant discussion of the request by the Commission as well as testimony from the applicant (Chuck Jones) and Myles Pustejovsky of Northstar Engineering. The applicants understood the restrictions in the General Plan and Zoning Ordinance, but indicated that there should be a process that allows segregations for farm employees without comprising agricultural protections established in the General Plan. Fred Montgomery who owns and operates neighboring farms was very concerned that segregations would lead to complaints from occupants of the dwellings who were not involved with agricultural pursuits. The Planning Commission supported the staff recommendation for denial concluding that the request could not be approved due to prohibitions in the General Plan and Zoning Ordinance and continued to recognize the problematic nature of homesite segregations. The Planning Commission agenda report is attached to this document. ENVIRONMENTAL DOCUMENTATION: This application is a project under the California Environmental Quality Act (CEQA) and as such, is subject to the requirements of CEQA. This project qualifies for a General Rule exemption to review under CEQA as per Section 15061(b)(3) which exempts projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. 0 Butte County Board of Supervisors Agenda Report ❑ PUBLIC NOTICE AND COMMENTS: This application requires that a public hearing be advertised and held. Advertisement of the public hearing was published in a local newspaper and mailed to all property owners within a 300 foot radius of the subject property. As of the date of this report we have received no public comment. RECOMMENDATION: Staff recommends that the Board of Supervisors confirm the Planning Commission action and deny this request, Application No. UP 97-14, for Jones & Matthews Ranch Inc. subject to the following findings in attached Exhibit A. Attachments: A: Planning Commission Minutes of February 27, 1997. B: Agenda Report February 5, 1997. C: Letter from Frederick and Mark Montgomery dated February 27, 1997. D: Plot Plan. ❑ Butte County Board of Supervisors Agenda Report ❑ 2 EXHIBIT "A" Pursuant to the provisions of the Butte County General Plan and the Zoning Ordinance of the County of Butte Jones and Matthews Ranch, Inc. is denied a Use Permit in accordance with application filed: November 12, 1996, to allow the segregation of two existing homesites of 1.3 acres each from a 37.62 acre parcel zoned A-20 (Agricultural -20 acre min.) on the north side of Burdick Road approximately 2000 feet east of Troxel Road in the Durham area. The project site is located in Supervisorial District 4. FINDINGS: Section 1: Environmental Findings A. Upon careful and deliberate review of the project and the project site environs, the proposed action will have no significant environmental effects and has been determined to meet the criteria for a General Rule Exemption under Section 15061(b)(3) of the California Environmental Quality Act guidelines; and Section 2: General Plan Findings A. The request is inconsistent with Goal 3, Policy 3.3 (p.AE-13) of the Agricultural Element which disallows Agricultural Segregations for homesites. B. The request is inconsistent with Goal 1, Policy 1.6 (p.AE-8) of the Agricultural Element which limits the minimum parcel sizes for new land divisions, in areas identified as Orchard & Field Crops on the General Plan Land Use Map, to not less than the existing 20 acre minimum zoning designation of A-20. C. The request is inconsistent with Goal 1, Program 1.2 (p.AE-9) of the Agricultural Element which requires the amendment of the Zoning Ordinance to provide zoning consistent with an Orchard and Field Crops land use designation including minimum lot sizes, and uses which support continued agriculture. This Program invalidates the homesite segregation uses in the Zoning Ordinance. The project would allow single family dwellings on sub- standard parcels (1.3 acres) which is not consistent with the Orchard and Field Crops General Plan designation which establishes a 5 acre minimum lot size for land divisions. D. This request is inconsistent with Goal 3, (p.AE-13) of the Agricultural' Element which supports the management of agricultural lands in an efficient, economical manner, with minimal conflict from non-agricultural uses. The approval of homesite segregations would allow these homes to be sold as sub -standard residential parcels in agricultural zones that could be occupied by non -agriculturally related persons. E. This request is inconsistent with Goal 3, Policy 3.5 (p.AE-13) of the Agricultural Element which states the primary purpose of the Orchard and Field Crop land use category shall be 0 Butte County Board of Supervisors Agenda Report 0 for agricultural production, related processing, and services in support of- agriculture. Residential uses, such as a farmer's home, in this category is a secondary use and is permitted on a limited basis to assist and support agriculture. Homesite segregations would allow the creation of new residential parcels that would only serve a residential use with no assurances that these homes would be occupied by agriculturally related ,persons. Such a use would clearly violate the intent of this policy and undermine the opportunity to. utilize existing housing for farm families or agriculturally related persons. F. This request is inconsistent with the Orchard and Field Crops (OFC) designation in the Land Use Element because there are no provisions currently in the OFC designation for either homesite segregations or land divisions resulting in parcels of less than 5 acres in size. Any action taken to approve such requests would require a General Plan Amendment of the Land Use Element Orchard and Field Crops designation. Section 3: Zoning Ordinance Findings A. The proposed use may impair the integrity and character of the zone in which the land lies, and the use may be unreasonably incompatible with, or injurious to, surrounding property, because there are no assurances that the owners/occupants, of the segregated homesites will be agriculturally related and there is no assurance these owners/occupants will be compatible with agricultural uses on surrounding properties; and B. The proposed project is inconsistent with Section 24-285(Segregation of Homesites in Agricultural Zones) because this application is a request for two (2) homesites for which their is no provision in Section 24-285 and; C. The application does not meet the intent of Section 24-285 because the applicant has not owned the subject property, resided upon the property or farmed the property for 10 (ten) continuous years and will not retain the existing home(s) on the property. Section 3: Action A. Subject to the findings indicated in Sections 1 and 2 of this report, move to deny the Use Permit for Jones & Matthews on APN 039-240-092.. 0 Butte County Board of Supervisors Agenda Report 0 4 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916) 538-7785 March 18, 1997 Jones and Matthews Ranch Inc. 1163 Patricia Drive Chico, CA 95926 Re: Use Permit, AP 039-240-092, UP97-14 Gentlemen: The Clerk of the Board of Supervisors set public hearing for April 8, 1997, at 10:15 a.m. to consider -your appeal of the Planning Commission's denial of a Use Permit to allow the segregation of two existing home sites at 1 acre each on property zoned A-20 located on the north side of Burdick Road, Durham. The meeting will be held in the Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California. Should you have any questions regarding this matter, please contact Stephen Lucas, Monday through Thursday, between the hours of 8:00 a.m. and 4:00 p.m. Sincerely, Lynn Richardson Planning/Administrative Support Services Assistant /Ir cc: NorthStar Engineering To: Butte County Planning Commission Date: 27 February 1997 RE: Use Permit #97-14 on APN 039-240-092 for Jones and Matthews Ranch, Inc. We were informed by the Matthews of their desire to segregate the two houses on the parcel thereby creating three separate parcels, two residential lots and the remaining portion of the original parcel in agriculture as an orchard. ' Out- primary concern is that there should be no additional dwellings and that the two that exist should be well cared for and an asset to the neighborhood owned by people who understand the problems of living surrounded by farming property. If this permit is granted, we request that restrictions be placed on the two residential lots prohibiting any additional dwellings or mobile homes, and that a restriction be placed on the orchard parcel specifying that^no residence can be built thereon. If these restrictions are not placed on each parcel created, we strongly oppose the granting of the permit. We also request a complete CC&R be created*on all three parcels for the benefit of the following named parcels: Almont Orchards, Inc. AP#039-240-091 AP#039-240-046 Signed by Almont Orchards, Inc. Frederick S. Montgomery President , s�h!�c fj Mark R. Montgomery QA Secretary -Treasurer NorthStar ENGINEERING Civil Engineers - Planners - Surveyors March 7, 1997 Clerk of the Board of.Supervisors COUNTY OF BUTTE 25 County Center Drive Oroville, Ca. 95969 Re: Use Permit 97-14 Dear Clerk, i- 20 7 2 BUTTE COON `V, RISK MANAGEMEN' T 1997 OROVILLE, CALIFORNIA On behalf of Jones & Matthews Ranch, Inc., we wish to appeal the denial by the Butte County Planning Commission on February 27, 1997, of a Use Permit to allow the segregation of two existing homesites. Enclosed is Check #3534 for the appeal processing fee. If you should have any questions please call this office. Sincerely, NORTHSTAR ENGINEERING -q� 4r�� '-� Rick Rodriguez cc: Jones & Matthews Ranch, Inc. Steve Lucas, Planning Division 20 DECLARATION DRIVE Planning Department CHICO, CALIFORNIA 95973 916-893-1600 MAR 131997 FAX -893-2113 " . Xjjlq,. Cslifornl& 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916) 538-7785 March 4, 1997 Jones and Matthews Ranch Inc. 1163 Patricia Drive Chico, CA 95926 Re: , AP UP97-14, APN 039-240-092 Gentlemen: The Butte County Planning Commission held a meeting on February 27, 1997, regarding your request for a Use Permit to allow the segregation of two existing homesites on property zoned A-20 located on the north side of Burdick Road, Durham, was denied. Should you desire to appeal this decision you must do so, in writing, with the appeal fee of $250.00 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, March 10, 1997. Should you have any questions regarding this matter, please contact this office between 8:00 a.m and 4:00 p.m., Monday through Thursday. Sincerely, Lynn Richardson Planning/Administrative- Support Services Assistant /Ir k:UormsWenial.frm BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Agricultural Commission FROM: William Farrel, Director Of Development Services RE: Request for Comments on a Development Application:Jones & Matthews Ranch hlc.,ut, 97-14 DATE: December 4,1996 PLANNER: Steve Lucas We have received an application for development of the below described property. We are reviewing the application for completeness and, if complete, for conditions of approval. 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. Comments from your department/division/agency regarding completeness of the application and/or possible conditions of approval are requested. Should you not be able to respond in the time frame given, or if you have any questions, please do not hesitate to give ua a call at 538-7601. Thank you in advance for your time and efforts. This is an application for a Use Permit to allow the segregation of 2 existing homesites nae, I acre each on p-opeily zoned A-20 ( Agricultural, 20 acre parcels) located on the north side of Burdick Rd. 2000 fl. east of I'roxel Rd. Durhain , identified as APN 39-24-92. It is within Supervisorial District No. 4 . THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) X PLANNING COMMISSION _ DEVELOPMENT REVIEW COMMITTEE ON March 27, 1997. YOUR COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN December 18, 1996. 1F NO COMMENT'S OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOU HA VF_ NONE COMMENTS (Attach additional pages if necessary): By: GZ Date: j:\up\comment.wpd 10-16-95 BKH. It !Manning Division FEB 1 0 1997; V 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 02-06-1997 02:25PM FRQM BUTTE CO AG COMMISSIONER TO CHICO OFC P.02 JONES & MATTHEW VP 97-14 This land is located in an agricultural intensive area - wit in the orchard and field crop boundary; and therefore; subject to the Ag Element. Aa. Element Goal #1 Program 1 9 "Apply the policies of the Ag Element to the Dt2rham-Dayton elson area . 1► Ag. Element Goal #1 "Maintain parcel size that ensures long-term preservation, conservation, continuity of ... orchardc and field cropland." If this division takes place, there are no guarantees that this land will be retained by an owner sensitive to°agricultural practices. Allowing this kind of small scale parcelation s is a dangerous precedent that could lead to further division of he remaining parcel and establishing an environment that foste s agricultural and urban conflicts. Most often these conflic s are resolved by imposing use.permit conditions on the orchard operator, restraining their ability to performthe normal m in- tenance required to keep the orchard productive. ultimatel , the agricultural environment is so degraded, the area will becolue completely useless as productive ag land. This situation fails to preserve or conserve the agricultural economiic component of the county and brakes the continuity of cultivation on prim ag i land forever. Goal #4 "Encourage environmental resource protection measures to en ure the continued agricultural use of the land." Allowing: division of land in the region does little to enco rage resource protection. Conserving the large parcel size woul prevent the cascade of subdivision which will follow if ste s are not taken now to prevent it. Conserving the large parcel s ze would ensure long-term agricultural use. Recommend denial. Robert C. Hill 1 TOTAL P.02 t ffatte Oun -• a�r j J PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 . FAX: (916) 538-7785 February 6, 1997 Jones and Matthews Ranch Inc. 1163 Patricia Drive Chico, CA 95926 Re: Use Permit, APN 039-240-092, UP97-14 Gentlemen: Enclosed is a copy of the Agenda Report concerning your application for a Use Permit to allow the segregation of two existing homesites of 1.3 acres each on property zoned A-20 located on the north side of Burdick Road, Durham. 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 February 27, 1997, at 9;00 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 Stephen Lucas of this office at 538-7601, between 8:00 a.m. and 4:00 p.m., Monday through Thursday. Very truly yours, Ly n Richardson Planning/Administrative Support Service Assistant /Ir Enc. cc: NorthStar Engineering k:\forms\scheduIe.frm BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given by the Butte County Planning. Commission that a public hearing will be held on Thursday, February 27, 1997, 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: ITEMS DETERMINED TO BE A GENERAL RULE EXEMPTION FROM ENVIRONMENTAL REVIEW 9:00 a.m. - Jones and Matthews Ranch Inc - Use Permit request to allow the segregation of two (2) existing homesites of 1.3 acres each from a 37.62 acre parcel zoned A-20 (Agricultural - 20 acre parcels) located on the north side of Burdick Road, approximately 2000 feet east of Troxel Road, identified as APN 039-240-092, in the Durham area. (SL) (UP97=14) The above mentioned application and map are on file and available for public viewing at the office of the Butte County Planning Department, 7 County Center Drive, Oroville, California. If you challenge the above applications 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 Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION THOMAS A. PARILO, DIRECTOR DEVELOPMENT SERVICES To be published in the Chico Enterprise Record on Thursday. February 13, 1997. BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: LAFCo FROM: William Farrel, Director Of Development Services RE: Request for Comments on a Development Application:Jones & Matthews Ranch lnc.,uN 97.14 DATE: December 4,1996 PLANNER: Steve Lucas We have received an application for development of the below described property. We are reviewing the application for completeness and, if complete, for conditions of approval. 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. Comments from your department/division/agency regarding completeness of the application and/or possible conditions of approval are requested. Should you not be able to respond in the time frame given, or if you have any questions, please do not hesitate to give us a call at 538-7601. Thank you in advance for your time and efforts. This is an application for a Use Permit to allow the segregation of 2 existing homesites @ 1 acre each on properly zoned A-20 ( Agricultural, 20 acre parcels) located on the north side of Burdick Rd. 2000 ft. east of Troxel Rd. Durham , identified as APN 39-24-92. It is within Supervisorial District No. 4 . THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) X PLANNING COMMISSION DEVELOPMENT REVIEW COMMITTEE ON March 27, 1997. YOUR COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN December 18, 1996_ IF NO COMMENTS OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOU HAVE NONE. COMMENTS (Attach addition 1 pages if necessary): 4 v o 5. At 1 ee� v► 6 14 2LA R6 144,4AI j:\up\comment.wpd 10-16-95 BKH. It Planning Division DEC 12 1996 %.,uvute, Calitornia 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 APPLICANT: Jones & Matthews Ranch Inc. AGENT: Norhstar Engineering 0 DATE: November 13, 1996 APN: 39-24-92 FILE #: UP 97-14 PLANNER: PROJECT DESCRIPTION: Use permit to allow the segregation of 2 existing homesites at 1 acre each. PLEASE CONTACT THE PLANNING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS MIt11-ATL:4>QItIl'd 11111 1. The project site shall be developed in accordance with the approved project site plan and the conditions contained herein. Said site plan is on file in the Planning Division, is identified as "Exhibit B" and dated 19_ and is incorporated herein by this reference. 2. Prior to the issuance of building permits, the plans, incorporating all applicable conditions of approval shall be submitted to the Planning Division to verify compliance with said conditions of approval. 3. Trash receptacle areas shall be enclosed by a 6 foot high solid masonry wall with view obstructing gates and a solid or semi -open shade cover. Plans to be reviewed and approved by the Planning Division prior to construction. 4. Prior to any use of the project site or business activity being commenced thereon, pursuant to this permit, conditions of approval contained herein shall be completed to the satisfaction of the Planning Division. 5. All electrical and mechanical equipment, including but not limited to air conditioning units, electrical boxes, transformers, and backflow preventers, shall be screened from public view. Screening shall be to the satisfaction of the Planning Division and in compliance with the Building Division. K. LANDSCAPING 1. A detailed landscape and irrigation plan consistent with the project site plan shall be submitted to and approved by the Planning Division prior to the issuance of building permits. 2. A plan of the existing on-site mature trees, located in any area proposed for buildings and vehicular access, shall be provided to and approved by the Planning Division prior to the issuance of building permits and/or prior to grading or vegetation removal. The applicant shall minimize the removal of mature trees, where possible. A mature tree shall be defined as a tree with a trunk measuring 4 inches in diameter, 4 feet from ground level. Mature trees removed shall be replaced by planting replacement trees of equal number and not less than _ gallon size. ■ Use Permit Standard Conditions - Butte County ■ 5 s 3. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris, during the term of this permit. 4. All graded slopes, over 5 feet in height, or on slopes greater than _%, shall be seeded, planted, mulched or hydroseeded or otherwise protected to prevent erosion. A permanent irrigation system shall be installed for non-native vegetation. A one year Faithful Performance bond shall be posted to guarantee installation and established growth. 5. In parking lots of commercial and industrial development, trees of not less than 15 gallon size shall be provided to reduce heat gain from the paved surface and to soften the visual impact of the paved area. Such trees shall be planted at a minimum density of one tree every three parking spaces. Tree species shall be approved by the Planning Division prior to planting. 6. Prior to the commencement of grading and/or construction activity, all individual or groups of oak trees which are to be retained as part of the project, shall be fully protected through the use of root protection zones (RPZ). During construction, RPZs shall be established using protective fencing enclosing an area with a radius 1.5 times the distance from the trunk to the dripline. VVdhin this protective buffer, no grading, trenching, fill, or vegetation alteration of any kind shall be allowed. The RPZs shall be maintained after the completion of construction in order to continue to protect the oak trees, but the fencing shall be removed. L. GRADING During construction, should any archaeological artifacts be discovered, the Planning Division shall be notified immediately, and all work shall cease until a qualified archaeologist has examined the artifacts and the site and submitted his or her findings to the Planning Division, and recommended clearance to continue. Recommencement of construction shall be upon the approval of the Planning Division. Archaeological artifacts are defined as follows: 2. Prior to any clearing, grading and/or construction in a Federal or State identified 100 year floodplain and/or streambed the following entitlements must be obtained: a California Fish and Game 1604 Streambed Alteration permit and an Army Corps 404 permit or exemption certificate. M. ADDITIONAL APPROVALS 1. Prior to the issuance of building permits payment of the North Oroville/Thermalito Traffic Impact Fees shall be made. 2. Prior to the issuance of a building permit for each new or additional living unit the applicant shall execute the Oroville Area Traffic Mitigation Fee Agreement and pay the established fee. 3. Prior to the issuance of the Use Permit, to insure the maintenance and continuance of the orchard or other agricultural use of the property, the property owner shall enter into the County approved Orchard Management Agreement. The agreement shall terminate in 10 years or upon a rezoning of the parcel/lot to a zone other than A-5 through A-160. The agreement shall be recorded and recording fees paid by the applicant. 4. Approval of this request shall not waive compliance with all sections of the Zoning ■ Use Permit Standard Conditions - Butte County ■ N • 01 Ordinance and all other applicable State and County laws and regulations in effect at the time of building permit application. 5. This Conditional Use Permit is granted for a period of month(s) at the end of which time it shall expire (unless the approving authority has held a hearing thereon and granted an extension. In connection with such an extension the approving authority may add, change, or delete conditions. 6. Approval of this Conditional Use Permit shall become null and void if the„use for which it has been granted is not established within two calendar year from the date of approval. No formal cancellation or revocation action by the County will be necessary. 7. The developer shall display a current County Zoning and County Land Use Map in the sales office at all times, and/or suitable alternatives. 8. Approval of this application does not become effective unless, prior to 4:00 p.m. on _, 199_, the applicant shall sign and file with the Department of Development Services an Indemnity Agreement in a form satisfactory to the County Counsel. 9. Prior to the issuance of a building permit or prior to the issuance of a Use Permit for a Mobile Home Park the Sheriff Facilities Impact Fee shall be paid, pursuant to the provisions of Chapter 3, Article II of the Butte County Code. The fee amount shall be determined and calculated as of the date of application for building permit. 10. Prior to the issuance of the Use Permit the applicant or property owner shall sign and record the CSA 87 Traffic and Drainage Mitigation Agreement or pay the required fees prior to the issuance of the Use Permit. 11. Prior to the issuance of the Use Permit, the applicant shall contact the Butte County Tax Collector's Office to begin the process of a Transient Occupancy Registration Certificate. A Transient Occupancy Registration Certificate shall be required within ten (10) days after commencing business for a motel, hotel, inn, tourist home, bed and breakfast, rooming house, apartment house, mobile home park, recreational vehicle park, campground, or parking area (See Chapter 23A). 12. Prior to the issuance of the Use Permit, the applicant shall pay all outstanding County fees. ■ Use Permit Standard Conditions - Butte County ■ 7 r: 0 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Development Service FROM: William Farrel, Director Of Development Services RE: Request for Comments on a Development Application: Jones & Matthews Ranch lnc.,Up 97-14 DATE: December 4, 1996 PLANNER: Steve Lucas We have received an application for development of the below described property. We are reviewing the application for completeness and, if complete, for conditions of approval. 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. Comments from your department/division/agency regarding completeness of the application and/or possible conditions of approval are requested. Should you not be able to respond in the time frame given, or if you have any questions, please do not hesitate to give us a call at 538-7601. Thank you in advance for your time and efforts. This is an application for a Use Permit to allow the segregation of 2 existing homesites @ I acre each on property zoned A-20 ( Agricultural, 20 acre parcels) located on the north side of Burdick Rd. 2000 ft. east of Troxel Rd.. Durham , identified as APN 39-24-92. It is within Supervisorial District No. 4 . THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X PLANNING COMMISSION _ DEVELOPMENT REVIEW COMMITTEE ON March 27, 1997. YOUR COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN December 18, 1996 , IF NO COA7MEATS OR COMMUNICATIONARERECEIVED BY THAT DATE, WE WILL ASSUME THAT YOU HAVE' NONE'. COMMENTS (Attach additional pages if necess G¢. A7 ot GIA 6 #1111(�G 11 ---- By: Date: Z/Gj L j:\up\comment.wpd 10-16-95 BKH. It 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 L_J • BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Public Works FROM: William Farrel, Director Of Development Services RE: Request for Comments on a Development Application: Jones & Matthews Ranch Inc., UP 97-14 DATE: November 13,1996 PLANNER: Sieue LuczS We have received an application for development of the below described property. We are reviewing the application for completeness and , if complete, for conditions of approval. 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. Comments from your department/division/agency regarding completeness of the application and/or possible conditions of approval are requested. Should you not be able to respond in the time frame given, or if you have any questions, please do not hesitate to give us a call at 538-7601. Thank you in advance for your time and efforts. This is an application for a Use Permit to allow the segregation of 2 existing homesites at 1 acre each on property zoned A-20 (Agricultural -20 acre parcels) located on the north side of Burdick Rd. 2000 ft. east of Troxel Rd. , identified as APN 39-24-92. It is within Supervisorial District No. 4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X PLANNING COMMISSION —DEVELOPMENT REVIEW COMMITTEE ON March 27, 1997. YOUR COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN December 2 ,1996. IFNO COMMENTS OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YO UHA ISE NONE. COMMENTS (Attach additional pages if necessary): F/cure eco fc Gl mi/., viae R.c,&-da 1^�h fIef elle Dr.�L, �/rNr�et Cax 7a/inG�ae Gdrf� l�9np.,-� /%vi. � �onc.+, 6f Cloer /1vf Ste, !�e4 aje w iue &.K6 a !;�y /4W O� �vhcl�.if�w fi �avD ri'l /r/ire� ra vrtiv'� -Ai Adlle lovewi. j:\up\comment.wpd 10-16-95 BKH. It Date: / v l ?6' Planning Division NpV-1' k 1996_ Oroville, .California 7 County Center Drive -. Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 .r' $ � • ,ni 3]�,1M 40 XiNnoo 966` AON ®3n1333?1 N • BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES B C PLANNING DIVISION TO: California Department of Forestry FROM: William Farrel, Director Of Development Services T RE: Request for Comments on a Development Application:Jones & Matthews Ranch Inc.,uN 97-14 DATE: December 4,1996 PLANNER: Steve Lucas We have received an application for development of the below described property. We are reviewing the application liar completeness and, if complete, for conditions of approval. 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. Comments from your department/division/agency regarding completeness of the application and/or possible conditions of approval are requested. Should you not be able to respond in the time frame given, or if you have any questions, please do riot hesitate to give us it call at 538-7601. Thank you in advance for your time and efforts. This is an application for a Use Permit to allow the segregation of 2 existing homesites @ I acre each on property zoned A-20 ( Agricultural. 20 acre parcels) located on the north side of Burdick Rd. 2000 ft. east of Troxel Rd., Durham , identified as APN 39-24-92. It is within Supervisorial District No. 4 . THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) X PLANNING COMMISSION _ DEVELOPMENT REVIEW COMMITTEE ON March 27, 1997. YOUR COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN December 18, 1996_ IF NO COMMI-'N7 S OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT IOU HAVE NOMI-,'. COMMENTS (Attach additional pages if necessary): j:\up\comment.wpd 10-16-95 BKH. It Date: ( 2— `-rr --q (, MARning Division DEC 0 9 1996 Urovllie, Califomla 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 A-20 [p] A40 OFC Kailva Lane UP 97-14 Jones & Mathews Ranch A-40 1 OFC Durham -Dayton Hwy Location ........... ........... ........... ........... el. X20 OFC A-20 OFC a LEAD IN SHEET FILE NO: UP 97-14 AP# 39-24-92 APPLICANT: Jones & Matthews Ranch Inc., 1163 Patricia Dr., Chico, CA 95926 OWNER: Same REPRESENTATIVE: Northstar Engineering, 20 Declaration Dr., Chico, CA 95973 SIZE: 36-24 ACOE LOCATION: SUPERVISORAL DISTRICT # + EXISTING ZONING: A -ZO ZONING HISTORY: 6-1-7- 15 4 1582 SURROUNDING ZONING: A - Z 0 SURROUNDING LAND USE: A f2 R i C U L -r U R E SITE HISTORY: GENERAL PLAN DESIGNATION. O F C APPLICABLE REGULATIONS: 46 E u -f- EN1 ; ON COMMENT DISTRIBUTION LIST APPLICATION: Jones & Matthews Ranch Inc. Up 97-14 DATE: November 13, 1996 County Offices and Cities: Officer /X_ Develop. Services Director A Public Works Director Chief Administrative Environmental Health Building Manager Sheriff BCAG�7� ALUC _ LAFCo _ APCD vY Butte Co. Farm Bureau Biggs _ Gridley _ Chico Oroville Paradise Chico Airport Commission _ _ Agricultural Commission Irrigation District: Butte Water _ Biggs/W. Gridley Water Durham Irrigation OWID _ Paradise Irrigation _ Richvale Irrigation _ _ Table Mountain Irrigation _ Thermalito Irrigation _ Other Domestic Water Butte Water District _ California Water Service Co. _ Del Oro Water Co. _ _ OWID _ Thermalito Irrigation District _ Other Sewer Butte Water District _ Themalito Irrigation _ Sterling City Sewer Main Skansen Subdivision (CSA 21) _ L.O.A. PUD Fire Protection California Department Forestry EI Medio Fire Protection District i/� of _ Recreation Districts Chico Area Recreation _ Durham Area Recreation _ Feather River Rec. & Park _ Paradise Recreation & Park Richvale Recreation & Parks Utilities PG&E North - Chico _ Chambers Cable TV _ Pacific Bell _ PG&E South - Oroville Viacom Cable TV State Agencies CalTrans _ Dept of Water Resources _ Dept of Fish and Game _ _ Forestry (Attn: Craig Carter) _ Dept of Parks and Rec. _ Highway Patrol _ Central Reg. Water Quality Control Department of Conservation _ Off. of Mining Reclamation _ Off. of Governmental & Env. Relations Federal Agencies US Forest Service _ US Bureau of Land Management Other Districts, Agencies, Committees, etc. Lime Saddle Dist _ Community Association _ Mosq. Abatement Oroville/Butte Co _ Drainage _ Butte Env.l Council _ Paradise Pines Com. Reclamation _ Cal Native Plant Society _ Butte Co. Mining Committee r BUTTE COUNTY y6'aith DEPARTMENT OF DEVELOPMENT SERVICESyiy tong PLANNING DIVISION Cq TO: Environmental Health FROM: William Farrel, Director Of Development Services RE: Request for Comments on a Development Application: Jones 8t Matthews Ranch Inc.`,UP 97.-14 DATE: November 13,1996 PLANNER: We have received an application for development of the below described property. We are reviewing the application for completeness and, if complete, for conditions of approval. 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. Comments from your department/division/agency regarding completeness of the application and/or possible conditions of approval are requested. Should you not be able to respond in the time frame given, or if you have any questions, please do not hesitate to give us a call at 538-7601. Thank you in advance for your time and efforts.. This is an application fora see, i riniffo allow the segregation of 2 existing homesites at 1 acre each on property zoned A-20 (Agricultural -20 acre parceLsl located on the north side of Burdick Rd 2000 f east of Troxel Rd , identified as APN - 39-24-92: It is within Supervisorial District No. 4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION _ DEVELOPMENT REVIEW COMMITTEE ON March 27. 1997. YOUR COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN December- -2' 1996. IF NO COMMENTS OR COMMUMCATION ARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YO U HA IB NONE. COMMENTS (Attach additional pages if necessary): lanning Division Nov 2 0; j996 rove le, California By: Date: %/ d j:\up\comment.wpd 10-16-95 BKH. It 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 CB 01^ 7-j BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: FROM: William Farrel, Director Of Development Services RE: Request for Comments on a Development Application: Jones & Matthews Ranch Inc., UP 97-14 DATE: November 13,1996 PLANNER: We have received an application for development of the below described property. We are reviewing the application for completeness and , if complete, for conditions of approval. 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. Comments from your department/division/agency regarding completeness of the application and/or possible conditions of approval are requested. Should you not be able to respond in the time frame given, or if you have any questions, please do not hesitate to give us a call at 538-7601. Thank you in advance for your time and efforts. This is an application for a Use Permit to allow the semegation of 2 existing homesites at 1 acre each on property zoned A-20 (Agricultural -20 acre parcels) located on the north side of Burdick Rd. 2000 ft. east of Troxel Rd. , identified as APN 39-24-92. It is within Supervisorial District No. 4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) X PLANNING COMMISSION _ DEVELOPMENT REVIEW COMMITTEE ON March 27, 1997. YOUR COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN December 2 ,1996. IFNO COMMENTS OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOUHAVE NONE. COMMENTS (Attach additional pages if necessary): By: Date: j:\up\comment.wpd 10-16-95 BKH. It 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 Myles Pustejovsky NorthStar Engineering 20 Declaration Dr. Chico, CA 95973 Re: Jones Homesite Segregation Dear Myles, �� • � � l�t�`e �011�'lt LAND OF NATURAL WEALTH AND BEAUTY, PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: 1916) 538-7601 i FAX: (916) 53 �7 85 t Oct. 4, 1996 As we discussed on the phone this morning, an application for homesite segregation would be accepted and processed by this Department. However, I would caution your client that the project will probably not be supported by the Planning Division because of a specific policy within the Agricultural Element that calls for the elimination of homesite segregations in the Agricultural zones. I anticipate that there is a very high probabilitythat the Planning Commission will deny this request. An appeal of that decision to the Board of Supervisors would be the last chance of having the project approved.. The Use Permit. application fee is a minimum of $988.00 and could be higher depending upon the amount of staff time spent on processing the request. An additional $250.00 will be required if an appeal is necessary. - If you.have any other questions regarding this matter please call me. . Sincerely, . a4A� ' Craig Sanders Senior Planner Fla'r'ing. Division o i 2 1,998 DAYTON DURHAM I 5713 360 '.SSC 7 , " is 0 /7.83AC. Q) _ 84 ccig n m 2 N 33 W!cc j 120AC. — — — — — M 0 76AC 39.5 AC. 4 RS101-99 ,39 3 6 1329 O I 28.05 Ac. 24.94 24.95AC. 24.94Ac. Ac------- — — - 1 PM 83-102 i ti 16.2AC. O 82.69 AC. 47 57 .6 9/ 46 78.22 Ac. 1 /4 4 O /4.2 Ac 42.38Ac 1 24.94,c. 49.8BAc. 60 o.5a. 1 62.7 1 T� Eass"M 3 4 1 7 66/.65 40• O e d � 2 / w 2.87 1 2 14.2AC 1 9.84Ac 75 o �26i32Ac.� — --- O92 1 85 6a 76 5.00 AC W) 2OAC. 49.5 24.09 266 4 h 37.62 M Ac.. 4.98A C. RS 127-54 1 o Q 1 6.23 AC. J a /32 AC iron. sa 1284.49 N 5 5 87 ."4j BURD/CK IOAC.6 Z mos. 30 Qt 3 _ 94 �es/t4-� 661.9�,r `93 <. 10 AC. 9.9AC S •• R. M. TURNERS/2 n SUB. M. O. R. Bk B P¢ /O IQ M. TURNS . 41 .40-18 Z 800 0 i I t 39IC 0-531 78. 40r1 TRANSFERRED Tb 2 h 43.9 AC ,o I j a .( 45 1 °� � 1 R D 4 46 i opt I �; in � W N Z 2330 , ie Assessor's Map No- 39- 24 County of Butte, Calif. REVISED: 12-94 ? q�Y'+,<'.6td. ;.fTyr.+i:..: x:j;s.,v.,s1e„Yx.:ur*F.�.-.w�•�_.� _ x% C -W 1/16 r 0 0 M co N M- - (D 0i 3 co 0) =N N N 0 O 0 O Z APN 39-24 — 09/ S.89°19'51" E. 1282.87' i Existing Orchard A PN 39 —24 — 092 38.24 AC. FD. 3/4' 0.1. P. . �- (3/4' IRON PIPE , LS3734)RI CENTER SEC. 26 PER R1 o 49.50' O 0 M 1 t M — N M APN 39-24-046 W W -00 co t OO I 0 0 8 4 .f U) N PROPOSED 1.3 AC. HOMESITE PROPOSED 1.3 AC. HOMESITE W/ EXISTING BUILDINGS W/ EXISTING BUILDINGS SEE DETAIL SEE DETAIL r 16 i 0' ' -� 180' ' f 0 0 M M 1 C -S 1/16 } I/2"0.1.P. BEARS FROM THIS POINT 1335' TOS. 14028'E., 23.3 f— TROXEL RD. �+ i— 465 --� 175 165 �— �- 1284' } - i "0.00 S -w 1/16 BURDICK ROAD 49.50' A BENT 3/4"O.I.P.. BEARS FROM THIS POINT S. 16047'E., 1.4' t • r SCALE: I"= 200' LOCATION MAP Not to Scale D 0 C: n N T A D BURDICK ROAD DETAIL 1"=10' PLAT TO ACCOMPANY USE PERMIT APPLICATION Pianning Division FOR NOV ' ����. JONES & MATTHEWS RANCH orowiie, CaliforniaAPN: 39-24-092 Nm}}A CIVIL ENGINEERS • PLANNERS • SURVEYORS hSr ` `Q 20 DECLARATION DRIVE • CHICO. CALIFORNIA 95973 NOVEMBER /996 ENGINEERING (916) 893-1600 C7 1/16 it 0 M APN 39-24 - 09/ S. 890 19'51" E. 1332.33 1282.83' — S.89°19'51" E. 1282.87' _O o ' • ti Existing Orchard A PN 39 -24 - 092 co N 38.24 AC. M _ 3 m m N N N 1 O Z PROPOSED 1.3 AC. HOMESITE PROPOSED 1.3 AC. HOMESITE W/ EXISTING BUILDINGS W/ EXISTING BUILDINGS SEE DETAIL 16 1 (SEE DETAIL r 0, -�.- 180� 1335' TO J f- TROXEL RD. �� 1.— 465' S- W 1/16 A BENT 3/4"O.I.P. BEARS FROM THIS POINT S. 16047'E., 1.4' EPA V p ol 0A 6U8D1CK WOZ FD. 3/4" 0.1. R (3/4"IRON PIPE, LS 3734) R1 CENTER SEC. 26 PER R1 { r o M PROPOSED 1.3 AC. HOMESITE PROPOSED 1.3 AC. HOMESITE W/ EXISTING BUILDINGS W/ EXISTING BUILDINGS SEE DETAIL 16 1 (SEE DETAIL r 0, -�.- 180� 1335' TO J f- TROXEL RD. �� 1.— 465' S- W 1/16 A BENT 3/4"O.I.P. BEARS FROM THIS POINT S. 16047'E., 1.4' EPA V p ol 0A 6U8D1CK WOZ SCALE: I"= 200' l L lo, 02Gt��,L_ LOCATION MAP Not to Scole a c c a N x V BURDICK - ' ROAD 6il DETA/L PLAT TO ACCOMPANY USE PERMIT APPLICATION Planning Division FOR NOV 1 199 JONES & MATTHEWS RANCH APN`39-24-092 Urt,vilie, Caiiitamia CIVIL ENGINEERS • PLANNERS • SURVEYORS NorthStar 20 DECLARATION DRIVE • CHICO• CALIFORNIA 95973 NOVEMBER 1996 ENGINEERING (916) 893-1600 FD. 3/4" 0.1. R (3/4"IRON PIPE, LS 3734) R1 CENTER SEC. 26 PER R1 { O o M o 1 to N - N ti APN 39-24-046 M w w I _ O co 00 0 08 0 .� W N I t y C -S 1/16 f I/2" 0.1. P. BEARS 1' FROM THIS POINT I i S. 14 o 28'E., 23.3 0.00' 49.50' i SCALE: I"= 200' l L lo, 02Gt��,L_ LOCATION MAP Not to Scole a c c a N x V BURDICK - ' ROAD 6il DETA/L PLAT TO ACCOMPANY USE PERMIT APPLICATION Planning Division FOR NOV 1 199 JONES & MATTHEWS RANCH APN`39-24-092 Urt,vilie, Caiiitamia CIVIL ENGINEERS • PLANNERS • SURVEYORS NorthStar 20 DECLARATION DRIVE • CHICO• CALIFORNIA 95973 NOVEMBER 1996 ENGINEERING (916) 893-1600