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Home My WebLink AboutUP 98-23COUNTY OF BUTTE ENVIRONMENTAL INFORMATION FORM (To be Completed By Project Applicant) Date Filed General Information: 1. Name and address of owner, and/or developer, and/or project sponsor: THIARA BROS. ORCHARDS 1 2. Address of project: 480 Township Road Assessor's Parcel Number: 24-140-008 I 3. Name, address, and telephone number of person to be contacted concerning this project: I RAVI THIARA: P.O. BOX 385, Live'Oak, CA 95953 Ho: 673-1531; PAGER 523-9868; MO:955-1147 I 4. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: N/A 5. Existing general plan designation: USE PERMIT 6. Existing zoning district: A-40 7. How is land currently usedT'he Southerly 5.7± ac, is currently a Prune Drying Facility within a Security Fence; The Northerly 2.0± ac. is currently a portion of a Mature Prune Orch&rd Proposed use of site (Project for which this form is filed): The proposed 7.7 acre site is to facilitate the existing prune drying operation with the development of necessary waste water ponds. Project Description: 9. Site size: 7.70 acres (Acres/Sq. Feet) 10. Off-street parking spaces: Full size: N/A Compact: Total: 11. Plans attached Yes No None at this time 12. Proposed development schedule Perhaps by the year 2002 13. Associated projects NONE 14. Anticipated incremental or phased development Proposing to improve and develop the Existing Prune Drying Facilities as needed. Attach description. of project containing the following information: 15. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected. N/A 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area and loading facilities. N/A 17. If industrial, indicate type, estimated employment per shift, and loading facilities. N/A{ Pt ann!4 Div!s16`>l 0 Butte County Department of Development Services n Planning Divi k! 8 1998 J 1 Oroville, California 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy. loading facilities, and community benefits to be derived from the project. N/A 19. If the project involves a variance, conditional use, rezoning application, or any development permits, state this and indicate clearly why the application is required. If permits have already been issued, please attach as Exhibit Are the following items applicable to the project or its effects? .Discuss below all items checked yes (attach additional sheets as necessary). YES NO 20. Change in existing features of any hills, buttes, canyons or substantial alteration of ground contours. _ X 21. Change in scenic views or vistas from existing residential VVIS1011 orovilte, 0 Butte County Department of Development Services 0 Planning Division 2 r areas or public lands or roads. _ X 22. Change in pattern or character of general area of project. _ X 23. Significant amounts of solid waste or litter. _ X 24. Change in dust, ash, smoke, fumes or odors in vicinity. _ X 25. Change in bay, lake, river, stream or ground water quality or quantity, or alteration of existing drainage patterns. _ X 26. Substantial change in existing noise or vibration levels in the vicinity. _ X 27. Site on filled land or on slopes of 10 percent or more. _ X 28. Use of, or disposal of potentially hazardous materials, such as toxic substances, flammable or explosives. _ X 29. Substantial change in demand for municipal services (police, fire, water, sewage, etc. including special districts). _ X 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). _ X 31. Relationship to a larger project or series of projects. _ X VVIS1011 orovilte, 0 Butte County Department of Development Services 0 Planning Division 2 r Environmental Setting: (Attach brief description) 32. Describe the project site as it exists before the project, including information on topography, soil stability. plants and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. SEE SUPPLEMENTAL NOTE 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one family. apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set -back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted. SEE SUPPLEMENTAL NOTE Certification ` I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information'presented arc - true and correct to the best of my knowledge and belief. Date Signature for /% c�- ` X 6.Yy K:\FORMS\SUBMITTAL\ENV-INFO pim" i4 14 AR ��ilte, Cali�orr�►:r. 0 Butte County Department of Development Services 0 Planning Division Items Applicable to the Project SUPPLEMENTAL NOPE Item 32 The Southerly 5.7 acres of the project are currently occupied with (1) a series of Dehydrators, (2) several storage buildings, (3) a weighing -scale facility, (4) a prune dipping building, (5) a farm -labor facility and (6) a residitial area complete with a sizeable house, a carport, a cottage and a pool. The area around the house is landscaped with large shade trees, hedges and an irrigated lawn; the travelled areas between the drying facilities are gravelled while the .areas immediately around and under the drying structures are of concrete. All the 5.7 acre area lying East of the Easterly right of way line of Township Road is bounded by a 6 foot chain link fence. The Northerly 2.00 acres of this project lies within the bounds of a mature orchard; the Westerly sideline of which is proposed to be located twenty-five (25) feet Easterly of the Easterly top -of -bank of a 20 -foot wide drain ditch. No cultural, historical or scenic aspects will be substantially changed by this project. Item 33 All the land -use to the North, East and South of this project is mature prune trees. Tovmship Road traverses the West side and West of Township Road are more mature prune trees along with a rural residential homestead set back into the orchard away from the County road. There are no cultural, historical or scenic aspects to be found in'these surrounding properties. Plarinfieg Divislo" PEAR 1 81199B ®r®ville, ca Iiifornia ��a_i c�►_� c�- !�. � s� A � 02-1 -1 �l � - o C� � V P '�i�— �`3 CO2-H, OtLi--l'-1O;��I t IDS l . E �02L4_itOp�� r r i ii', _' III '� __. _ _.-.....___'.__.___ l I Ali _' _ '_ _' '____ - _ ___.. III. _ _- EL: 024 140 008 000 STATUS! A THIARA GURDIAL � S & SUKHWANT K RE THIARA GURDIAL S & SUKHWANT K TR P O BOX 3007 R TRUSTEES 585 MEYERS AVE � YUBA CITY CA 95992 STATUS: A EL: 021 230 028 000 STATUS: A DELATORRE JUAN SR & ESTHER* STATUS: A . 707 TOWNSHIP RD TRUST HARO ANGEL E ETAL TRUSTEES GRIDLEY CA 95948 95948 EL: 021 230 030 000 STATUS: A BAINS MOHINDER S & BALBIR ' GRIDLEY CA | / 95948' 3443 SO WALTON AVENUE YUBA CITY CA 95993 EL: 021 230 042 000 STATUS: A MILLINGTON ALICE P O BOX 876 GRIDLEY CA 95948 EL: 024 140 032 000 STATUS: A STATE OF CALIFORNIA (CALTRANS) BOX 493 GRIDLEY CA 95948 EL: 024 140 051 000 STATUS: A SUNSWEET DRYERS 901 N WALTON AVE YUBA CITY CA 95993 o . �'.;��~ EL: 024 140 058 000 ' ^ ' | STATUS: A BARROW BRADLEY J & SHARON 431 E GRIDLEY RD ! GRIDLEY CA 95948 ELi 024 160 030 000 STATUS: A / MOORE FAMILY LIVING TRUST MOORE JIM J & YVONNE R TRUSTEES 585 MEYERS AVE � GRIDLEY CA 95948 EL: 021 230 034 000 STATUS: A YARBROUGH SARA C SS 87 W EVANS REIMER RD GRIDLEY CA 95948-9536 EL: 021 230 052 000 STATUS: A . HARO ANGEL E REVOCABLE TRUST HARO ANGEL E ETAL TRUSTEES 765 TOWNSHIP RD ' GRIDLEY CA 95948 EL: 024 160 036 000 /> STATUS: A , ALDRIDGE LEIGH ANN ' 537 MEYERS AVE � ' GRIDLEY CA | / 95948' m • 0 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING RECEIPT '16983 ISSUE DQ pa Y` - _ Z 006 768 733 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail Sent tprhiara Bros. Orchards Streetr537 Atkinson Ct. P.O., State and ZIP Code Yuba City, CA 95993 FFostage I a r "Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing + to Whom & Date Delivered Return Receipt Showing to Whom, t Date, and Addressee's Address I TOTAL Postage Fees ;& 1 1 Postmark or Date 1 s 03-03-99 7 USE PERMIT BUTTE COUNTY BOARD OF SUPERVISORS MAR 2 1999 DATE: (Certified Mail Rec.) UP 98-23 PERMIT NO. 024-140-008 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Tiara Brothers Orchards is hereby granted a Use Permit in accordance with application filed on March 18, 1998 for an agricultural segregation for a 10 -acre agricultural processing parcel and a 50 -acre agricultural parcel in an A-40 zone. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this Use Permit, all conditions must be completed prior to, or concurrently with, the establishment of the granted use. The use granted by this permit must be established within 24 months of the delivery of the countersigned permit to the Permittee. 3. If any use.for which a use permit has been granted is not established within two year of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. 4. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee, Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. Conditions of Approval: 1. If required, the Parcel Map shall include a condition that at the time of sale or transfer to a non -family member, a setback or buffer be imposed pursuant to Policy 3.4 of the Agricultural Element. 2. The agricultural processing parcel shall be found to be consistent with the Williamson Act Agreement. 3. Prior to recordation of a final map for the segregation, the applicant shall sign and record a covenant binding upon the original owners and their heirs, successors and assigns, which disallows additional buildings from being located on the agricultural parcel. The covenant shall be in a form approved by County Counsel. 4. No waste from the processing plant shall be discharged into any Reclamation District 2056 canals. Create the parcel in accordance with the provisions of the State Subdivision Map Act and the County Subdivision Ordinance. 6. Applicant must also comply with all other applicable State and local statutes, ordinances and regulations. I hereby declare under penalty of perjury that I have read the foregoing conditions, that they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Dated: K:^CFko,.a NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. utte County Board o upervisors Chairman JUL'1 4-:1999 CC: Land Development Division Building Division Environmental Health Department California Department of Forestry. Regional Water Quality Control Board Agricultural Commissioners Office Assessor's Office Reclamation District 2056 (c/o Jeff Spence) DEP RTMI T •OF DEVELOP N' _-N T 5E R`"I CIES < BliT COLI UtiTFOIZiNI APLIC ATIOLi .) AP "LICAINT: ALenc infur--iacion co he orvvided is on tither side: -A.PP`IG:14_I"S NAME i if looiicam is .afferent from uwncr an affidavit is required) •\SSESSOR'S PARCELNUMBER: THIARA BROS. ORCHARDS % KULDIP S. THIARA I 24-140-008 lu�.ESS: P.O. BOX 385 Live Oak, CA 95953 CITY. STATE .i ZIP CODE I FILE NUN(BER: (FOR OFFTCM USE: N._V_F_ OF PROPOSED PRC: ECT ( If ami) N/A ";M0163-6849 LOCATION OF PROJECT ( Vadstr or toss eets and Addre= it any) at 480 Township Rc�, on East side of Township Rd,;,1500' South'of Evans -Reimer Road ..-'GENERAL. INFORMATION REQUIRED .. , OWNER'S NAME GURDEV S . THIARA, SATINDER K . THIARA, KULDIP S . THIARA TELEPHONE HARMINDER K.THIARA,&The GURDIAI,§'�S.THIAAA & SUKHWANT K.THIARA�t* 0916 ) 673-6849 -= FAMILY REVOCABLE TRUST. (% KULDIP S. THIARA) ADDRESS- P.O. BOX 385 = - r'�� ZONE Gi�r-,� 4 J v Live CA 9595 PLAN G 5.7 C. A or nPrune SITE SIZE ( in Square Feet or Acres) - -' ��igac�liies, +.A-40 0 e Prune Or �}* 10.0± Acres EXISTING STRUCTURES (in Square Feet) The- area inside the PROPOSED srRvcc�in Square Fur The Proposed Security Fence which encloses the Prune Drying Reserved Area- or Future acility aoilities has 231,000 Sq.Ft. Improvements has"'167,00 Sq.Ft. (L�r One) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWER>=D ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER _ M PROPERTY IS OR PROPOSED TO BE ON SEPTIC PROPERTY IS OR PROPOSED TO BE ON WEI L WATER ❑ GE14ER.-%, PLAN A.NLENDmENT ❑ REZONE LR USE PES NfIT ❑ MINOR USE PER'rIIT_ ❑ VARIANCE ❑ MINOR V,-�RLANCE ❑ ADM?*i;STRATIVE Pgt.TrT ❑ DEV', . _?!1,fENT AGREEMENT APPLICATION REQUESTED > ❑ TENTATIVE SUBDIVISION NIAP ❑ TENTATIVETARCEL MAP ❑ W;4NQZ+bFPARCEL MAP / f ❑ BOUNDARYLINE MODIFICATION f - ❑ LF;G�L LrOT •DETERIMINATION ❑ CERTIFICATE OF MERGER ❑ MINING AND RECLAMATION PLAN ❑ OTHER =:'`:"':' ::';•' .:...:;:`:::`;-. ::� ;_ `> PROJECT DESCRIPTION - FULL DESCRIPTION OF PROPOSED PROJECT Attach - silt of parcels.) • •� y sbeecs, Ir this app(icarion is for a land division. descnoe the number and An additional 43t,"acres is proposed to be set aside to provide for any Future - I rovements net facilitate the owth of an existin Prune in DrY g Complex. . wig•, 'd OWNER CERTIFICATION u. a California [ CERTIFY TriAT (A` i ? c_ F`.iLY TIz- LEGAL OWNER OR Tim AUTHORLLFD ACE`ri OFTHE OW\ TiiER I AC!Cvc)�.1=.0 F- TT- FiL^G OF TICS APPLICAi1ON A,YD C"cRTU:Y TTL-\TALL OF � UFTIT ABOVE DESCRIBE7� PROPERTY. SATE I( an c-=::: a x a::c TI•IE h pli IN(UR�tATIUN LS TR UE A..\ V ( 'cxtz� exc�vte an afTidavir of auchaintiexs and include ehc alTidavu ww thu application.) DAT: — �— // 7 SIGNATURE: 2 AGENT AUTHORMMON To Butte Ccunrv, Services; KULDIP S. THIARA 673-6849 Print Name cf.kgc-u and Phcne Number P.O. BOX 385, Live Oak, CA 95953 Mailing ?addrrte is hereby--r-hcr! d to process this application for_ A USE PERMIT --- on my prone. -:y, -identified as Butte County Assessors Parcel Number 24-140-008 This authorization allows representation for all aopiicaf crs, hearings, appeals, etc. and to'sigri all documents for said processinig-,►but not including document Is) relatting to record title interest. PRINT, . ,�,� k . 16 ,��. 1 _ TRUSTEE '—�i�s'rca�—fr�-r—v, `� � Owner(s) of?tecord: (sign and print name) SIGNATURE: _IL-1- s GURDEV S. THIARA & SATINDER K. THIARA KULDIP S. THIARA & HARMINDER K. THIARA ? �t N .= Print Vs�sc _ r 1r X go� Sigri=rt situ ;re Architect a-: i, or Em6neer. TOM KENDALL * LAND • SURVEYING (916) 673-9779 P -i.^: \is. -.c 0CA =:35m— gad ?thooc Numbcr 3020 Industrial Drive, Suite B; Yuba City, CA 95993 FOR OF7 '� USE ONLY Ver4ucy: Date receivf_r: Total amount received: AP N;_T'ce (s) _ Legal Description Ov,-:e-s authcrization• Zoning requirements Pec; ec: description Copia of plot plan TZken b Receipt No. E.H. LD PlanFD Payment c." __.c ci--ently required Application Fee and/or Deposit (Any unused portion of a deocsit; .c 7Q'7-rned upon final action. Cu—,; to "Butte County Treasurer". E • • COUNTY OF BUTTE • ENVIRONMENTAL INFORMATION FORM be Completed By Project*A p c nth Date Fled General Information: 1. Name and address of owner, and/or developer, and/or project sponsor: THIARA BROS. ORCHARDS 2. Address of project 480 Township Road Assessor's Parcel Number. 24-140-008 3: Name, address, and telephone number of person to be contacted concerning this project: KULDIP THEARA P.O.BOX 385, Live Oak, CA 95953 HO: 673-6849; PAGER: 816-0623; MO: 955-1149 4. List and describe any other related permits and other public approvals required for this project, including . those required by city, regional, state and federal agencies: N/A 5. Existing general plan designation: USE PERMIT 6. Existing zoning district: A-40 • 7. How is land currently used?The Southerly 5.7± acres is currently. a Prune Drying Facility within a Security Fence; The Northerly 4.3± acres is currently a portion of a Mature Prune Orchard. 8.Proposed use of site (Project for which this form is filed): The proposed 10.00 acre site is to be reserved for future development of the Existing Prune Drying Faci ity. Project Description: 9. Site size: 10.00 acres (Acres/Sq. Feet) 10. Off-street parking spaces: Full size: N/A Compact: Total: • 11. Plans attached Yes No None at this time 12. Proposed development schedule Perhaps by the year 2002 13. Associated projects NONE 14. Anticipated incremental or phased development Proposing to improve and develop the Existing Prune Drying -Facilities as needed ❑ Butte Count? Department of Development Services O Planning Division ❑ 1 i =utZe Counz7 Cepartment of Development Services 0 Planning Division 0 2 Attach description of project containing the following information: 15. If residential; include the number of units, schedule of unit sizes, range of sale prices or rents, and type of • household size expected. N/A 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area and loading facilities. N/A 17. If industrial, indicate type, estimated employment per shift, and loading facilities. N/A 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project N/A 19. If the project involves a variance, conditional use, rezoning application, or any development permits, state this and indicate clearly why the application is. required. If permits have already been issued, please attach. as Exhibit N/A Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary). YES NO 20. Change in existing features of any hills, buttes, canyons or substantial alteration of ground contours. _ X 21. Change in scenic views or vistas from existing residential areas or public lands or roads. _ X 22. Change in pattern or character of general area of project. — X • 23. Significant amounts of solid waste or litter. _, —X 24. Change in dust ash smoke fumes or odors in vicinity. X� SEE t0PPNOTE — 25. Change in bay, lake, river, stream or ground water quality or quantity, or alteration of existing drainage patterns. — X 26. Substantial change in existing noise or vibration levels in the vicinity. X 27. Site on filled land or on slopes of 10 percent or more. — X 28. Use of, or disposal of potentially hazardous materials, such as toxic substances, flammable or explosives. _ X. 29. Substantial change in demand for municipal services (police, fire, water, sewage, etc. including special districts). X 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). X SEE SUPPLEMENTAL NOTE — 31. Relationship to a larger project or.serie's of projects. _ X. i =utZe Counz7 Cepartment of Development Services 0 Planning Division 0 2 Environmental Setting: (Attach brief description) 32: Describe the project site as it exists before the project, including information on topography, soil stability, • plants and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the. site and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. SEE SUPPLEMENTAL NOTE 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land. use (one -family, apartment houses, shops, department stores, etc.), and scale.of development (height, frontage, set -back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted'. SEE ' SUPPLEMENTAL NOTE Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information , required for this initial evaluation to the best of my ability, and.that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date .2 .2 K: rORMS\ENWNFO Butte County Department o: Development Services 0 Planning Division 0 3 • Items Applicable to the Project SUPPLEMENTAL NOTES Item 24 If and when another Dehydrator is constructed and put into use 'there will be an additional smell frau the drying prunes, but a pleasent smell. Item 30 Forced air heated by the consumption of natural gas is used to process the prunes. If and when another Dehydrator is. added to the facilities, proportionally more natural gas will be used.. Item 32 The -Southerly 5.7 acres of the project are currently occupied with (1) a series of Dehydrators, (2) several storage buildings, (3) a weighing -scale facility, (4) a prune dipping building, (5) a farm -labor facility and (6) a residential area complete with a sizeable house, a carport, a cottage and a pool. The area around the house is landscaped with large shade trees, hedges and an irrigated .lawn; the travelled areas between the drying facility are gravelled while the areas' immediately ..around and under- the drying facility are of concrete. All the 5.7 acre area East of the Easterly right of way line of Township Road is bounded by a 6.foot chain link fence. • The Northerly 4.3 acres of the project are a portion of a mature prune orchard with a 4.5 -foot deep, 20 -foot wide (at the top) drain ditch running along the Westerly portion between the orchard and the Easterly right of way line of Township Road. No cultural, historical or scenic aspects will be substantially changed by this project. Item 33 All the land -use to the North, East and South of this project is mature prune trees. Township Road traverses the West side and West of Township Road are more mature prune trees along with a rural residential homestead set back into the orchard away from the county road. There are no cultural, historical or scenic aspects to be found in these surrounding properties. 0 a 200 1 —0045444 Recorded I REC FEE .00 Project: Thiara Brothers Orchards Official Records I CountBUTTE f I APN: 024-140-008 When Recorded Mail to: CANDACE 1 GRUBBS I Butte County Public Works ROSEMARYrDICKSON Land' Development Division Assistant I Fay 09:01AM 02 -Oct -2001 I Page 1 of 13 7 County Center Drive Oroville, CA 95965 , CONVEYANCE OF DEVELOPMENT RIGHTS AND OPEN AREA EASEMENT (Ag. Accessory) This Conveyance of Development Rights and Open Area Easement, made this 25th Day of September , 2001, by and between GURDEV S. THIARA: KULDIP S. THIARA: SUKHWANT K. THIARA. Surviving Trustee of the Gurdial S Thiara and Sukhwant K. Thiara Family Revocable Trust; SATINDER K. THIARA; and HARMINDER K. THIARA As Grantor(s) and the COUNTY OF BUTTE, as Grantee,.hereinafter referred to as County, in consideration of the approval of a Tentative Parcel Map do(es) hereby grant to the County, the development rights hereinafter set forth below shown as Parcel 2 upon the Parcel Map recorded concurrently herewith and filed in Book 1 of Maps at Page 23- ,5 in the office of the Butte County Recorder, for the express purpose of maintaining such property for agricultural use and as open area. RECITALS: WHEREAS, pursuant to the County's General Plan, the County has determined that the property of Grantor(s) shown as parcel 1 and 2 of said, parcel map is agricultural land constituting a natural resource of Butte County; and WHEREAS, the County's General Plan sets forth a Policy of Protecting the Agricultural Production Capability of Agricultural Lands, and the maintenance and conservation of this natural resource; and ti WHEREAS, in furtherance of such policy, the County has zoned the property shown as parcel 1 and 2 upon said parcel map to an Agricultural Zone; and WHEREAS, Grantor(s) desire(s) to create a lot for the purpose of maintaining an agricultural accessory use as described in Butte County Code Section 24-290 thereon, such lot being shown as parcel 1 upon said parcel map and WHEREAS, Grantor(s) has (have) applied for and been granted approval of this Parcel Map pursuant to the provisions of Butte County Code to permit the maintenance of such agricultural accessory uses thereon with findings that conformance to Butte County Code Section 24-290 standards is necessary to conform to the General Plan; and WHEREAS, in order to preserve and maintain the agricultural purposes of the Agricultural Zone in which the properties shown as parcel 1 and 2 upon said parcel map. are located, and to maintain the consistency of said zone with the policies set forth in the County's General Plan, it is necessary and desirable that Grantor(s) convey to the County the right to construct additional agricultural accessory uses (other than agricultural outbuildings) on property shown as Parcel 2 upon said parcel map; and WHEREAS, it is the intent of the Grantor(s) and the purpose of this grant of development rights to allow the Grantor(s) to maintain an agricultural accessory on the lot shown as Parcel 1 upon said parcel map and prohibit the maintenance of agricultural accessories on the property shown as Parcel 2 upon said parcel map so as to neither increase nor decrease the number of agricultural accessories permitted by the zone in which the said properties are located. THEREFORE, in consideration of the approval of the Parcel Map granting permission to Grantor(s) to maintain an agricultural accessory on Parcel 1 for the purpose of maintaining Parcel 2 as open area for agricultural purposes, Grantor(s) grants) to the I County an Open Area Easement with Grantor(s) and their successors' right to construct and maintain those agricultural accessory uses set forth in Section 24-290 of the Butte County Code on property shown as Parcel 2 upon said parcel map. 1. Nothing in this instrument shall be construed to affect the right of Grantor(s) to lay, operate, maintain, repair or remove water and sewer pipe lines, conduits or drains below the surface of the area shown as Parcel 2 upon 'said parcel map insofar as such activities are not incidental to establishing any agricultural accessory use of said area, and are not in conflict with the provisions of this Grant. 2. This grant of development rights shall not be construed to permit the public to enter upon the properties shown as Parcel 1 and 2 upon said parcel map for any purpose whatsoever. 3. This easement and grant of development rights'shall be in force for ten (10) years minimum from the time of recording of the covenant at the recorder's office and will continue until .the applicant applies for termination or partial termination thereof. Applications for termination or partial termination shall be considered in the same manner as applications for Use Permits pursuant to Sections 24-45 through 24-45.65 of the Butte County Code. The Planning Commission options for action on such application are: (a) Terminate or partially terminate the covenant and remove conditions from Use Permit. Applications for termination or partial termination to be accompanied by the fee set by resolution of the Board of Supervisors to be deposited in the County general fund, no part of which shall be returned to the applicant. (b) Extend the covenant for a period not to exceed ten (10) years. j (c) Consider the area for a change in designation from orchard and field crops, grazing and open land, or agricultural residential to a nonagricultural designation under the General Plan. 4. Grantor(s) agree(s) that this document may be recorded in Butte County Recorder's Office. IN WITNESS WHEREOF, the Grantor(s) has (have) caused these presents to be executed as of the day and year first above written. GRANTOR(S): ?gRDEV S.7HIARA KULDIP S. THIARA SUKHWANT K. THIARA, Surviving Trustee of the Gurdial S. Thiara and Sukhwant K. Thiara Family Revocable Trust SATINDER K. THIARA N ern YA,\TA..aA lc�' 0," ATTACH NOTARY PUBLIC VERIFICATION State of California County of Sutter On 56^6M1Jt-7Z 1g, 7-0 1 , before me, Victoria L. Hinkle personally appeared 6!/L/2 Q/ S TN'/4/L4 - , personally knpOn to IRe (or proved to me on the basis of satisfactory evidence) to be the person(,) whose nameW is/aye subscribed to the within instrument and acknowledged to me that he/ske/they executed the same in hisA)e/thpfr authorized capacity(ips), and that by his/b r/their signature(g) on the instrument the person(p) or the entity upon behalf of which the person(' acted, executed the instrument. WITNESS my hand and official seal. otary Public VICTORIA L HINKLE Commission # 1226311 Z i Notary Public - Califamia g Sutter County State of California County of Sutter On ��°T�/�v��'i� /q zoa/, before me, Victoria L. Hinkle personally appeared �7�1i iitl.D /G , persoryAlly kng4Vn to/nye (or proved to me on the basis of satisfactory evidence) to be the person(/) whose name($) is/ar,4 subscribed to the within instrument and acknowledged to me that V/she/thl°y executed the same in Ms/her/tlVir authorized capacity(iits), and that by higher/thgir signature(,) on the instrument the person(A) or the entity upon behalf of which the person(8) acted, executed the instrument. WITNESS my hand and official seal. Notary Public VICTORIA L HINKLE Commission # 1226311 Z Notary Public - Califomia 7 Sutter County I State of California County of Sutter On i6JOreAtAX- 76' 2dW I , before me, Victoria L. Hinkle personally appeared /III LDIZ S 7-11/ArC4 — , personally known to me (o/prov6d to xie on th'ba4is of satisfactory evid6nce) to be the person(s) whose name(s) is/We subscribed to the within instrument and acknowledged to me that he/sloe/tlAy executed the same in his/hZr/th(ir authorized capacity(i)(s), and that by his/her/twr signature(s) on the instrument the person(o or the entity upon behalf of which the person(g) acted, executed the instrument. WITNESS my hand and official seal. otary Public i State of California County of Sutter On G/��/�T��i 2-0� "yW/, before me, Victoria L. Hinkle personally appeared 11i?j�i-11X1Pi74 /G. �i�/A/1-4 , personally known to me (&proved terve M thie"ba is of satisfactory evidence) to be the personV) whose name(s) Wait subscribed to the within instrument and acknowledged to me that lad/she/tlydy executed the same in IIA/her/thgfr authorized capacity(194), and that by higher/thglr signaturew on the instrument the person(A or the entity upon behalf of which the person(O acted, executed the instrument. WITNESS my hand and official seal. VICTORIA L HINKLE otary Public Commission # 1226311 Notary Public - California Sutter County My Cantu. Bayes Jun 26, XOM State of California County of Sutter On C✓��M(� 2-� 24' 1 , before me, Victoria L. Hinkle personally appeared personally known to me (d% proud O'Rle on - t% bas M-satis-factory evince) to be the person(} whose name(o is/* subscribed to the within instrument and acknowledged to me that] /she/tVy executed the same in W/her/tWr authorized capacity(ijs), and that by I-Wher/tl)dir signature(s) on the instrument the person($) or the entity upon behalf of which the person(O acted, executed the instrument. WITNESS my hand and official seal. iolt- ry Public /001 -10k11 - VK -7 R A l..HINKLE Commission # 1226311 Notary Public - Caiifomia Z Sutter County My Comm. EX.DPrvs Jun 26,,XM CERTIFICATE OF ACCEPTANCE This is to i rtify that the interest in real property conveyed by the within deed or grant dated -n6L 2001, from Sukhwant K. Thiara, Surviving Trustee of The Gurdial S. Thiara and Sukhwant K. Thiara Family Revocable Trust; Gurdev S. Thiara; Kuldip S. Thiara; Satinder K. Thiara, and Harminder K. Thiara, to the County of Butte, a olitical subdivision, is hereby accepted by order of the Board of Supervisors o 2 , 2001, and the grantee consents to recordation thereof. By:_/041a urt Jo iassen, Chairman B -06 -County Board of Supervisors ATTEST: Marion Reeves, A sistant Clerk of the Board. B I /A "Approved as to Form" by Felix Wannenmacher, Deputy County Counsel CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the within deed I or grant dated , 2001, from Sukhwant K. Thiara, Surviving Trustee of The Gurdial S. Thiara and Sukhwant K. Thiara Family Revocable Trust; Gurdev S. Thiara; Kuldip S. Thiara; Satinder K. Thiara, and Harminder K. Thiara, to the County of Butte, a political subdivision, is hereby accepted by order of the Board of Supervisors on , 2001, and the grantee consents to recordation thereof. By: Curt Josiassen, C airman Butte' County B rd of Supervisors ATTEST: Marion Reeves, Assistant Clerk of the Board. BY Approved as to Form: BY elix W nnenmacher, Deputy County Counsel State of California County of Butte On September 25, 2001 before me, Marion A. Reeves, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") . personally appeared Curt Josiassen Name(s) of Signer(s) 4 ® personally known tome ❑ proved to me on the basis of satisfactory evidence to be the person whose name, is/subscribed to the within instrument and acknowledge to me that he/ode� executed the same in his/l&/tft it authorized capacityp(�gand that by his/lir /t signatureXon the instrument the person or the entity upon behalf of which the personk acted, executed the instrument. WITNESS my hand and official seal. Signature)of Notary Public MARION A. REEVES j -... commission -9 11, 0840 [Z _� Notary Public - California Butte County My Comm. Wires Jan 24, 2002 - s... Title of Document: Conveyance of Development Rights and Open Area Easement Date of Document: September 19, 2001 Number of Pages: 5 pages + 5 notary pages, Certificate of Acceptance (2 pages) + notary page 'AIO 1N ndOlWO QN'' I !_S n, `OOZ 8 Q A O N (SAW03H 0 C T I ® 2001 COUNTY OF BUTTE LAND DEVELOPMENT DIV. RECEIVE® DEC 0 3 2001 LAND DEVELOPMENT DIV. NOTICE OF DETERMINATION TO: _ Office of Plan.& Research Dept. 1400 Tenth Street Sacramento, CA 95814 X Butte County Clerk FEB 221999 FROM: Butte County Planning CANqKC UBB' C0' Clerk 7 County Center Dr., Oroville 95965 Bjl auty SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Project Title: �:U P_98-23,iUse Permit AP Number: 024-140-008 Applicant: Thiara Bros. Orchard, P.O. Box 385, Live Oak, CA 95953 State Clearinghouse Number (If submitted to clearinghouse):, Contact Person: Stephen Betts Telephone Number: 538-7601 Project Location: on the east side of Township Road, approximately 1,500 ft. south of West Evans -Reimer Road, at 480 Township d. Project Description: Use Permit to allow an agricultural segregation for a prune drying complex This is to advise that the Butte County Board of Supervisors has approved the above-described project on July 14, 1998, and has made the following determinations regarding the above-described project: 1. The project will, _X_ will not, have a significant effect on the environment. 2. An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. _X_ A Negative Declaration was prepared for this project pursuant to thEPprovisions of CEQA. 3. Mitigation measures _X were, were not, made a condition of the approval of the project. 4. A statement of overriding considerations was, _X_ was not, adopted for this project. This is to certify that the final EIR with` comments and responses and record of project approval is available to the general public at: Date received for filing and posting at OPR Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965 &nA� Randy Wils Principal Planner If required, the parcel map shall include a condition that at the time of sale or transfer to a non -family member, a setback or buffer be imposed pursuant to. policy 3.4 of the Agricultural Element. • ( APECLARATION OF FEES DUE ) Cal rnia Fish and Game Code Section 71 4 NAME AND ADDRESS OF APPLICANT Thiara Bros. Orchards P.O. Box 385 Live Oak, CA 95953 (916) 673-1531 FILING NO. CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION O A. Statutorily or Categorically Exempt $25.00 Clerk's Documentary Handling Fee (X) B. De Minimus Impact - Certificate of Fee Exemption $25.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION - FEE REQUIRED () A. Negative Declaration $1,250 State Filing Fee $25.00 Clerk's Documentary Handling Fee () B. Environmental Impact Report $850 State Filing Fee $25.00 Clerk's Documentary Handling Fee 3. ( ) OTHER (Specify) $25.00 Clerk's Documentary Handling Fee PAYMENT / NON-PAYMENT OF FEES: 1. (X) PAYMENT: The above fees have been paid. See attached receipt(s). #16983 2. () NON-PAYMENT: The above fees are required. Not paid. Chief Planning• IC Randy •• Title: Principal Planner F,ead Agency: Butte County Department of Develoru iServices Il. -•r.:r 12, 1999 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. JATERIME.NODT&G.FEE • s OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING RECEIPT 16983 ISSUED BY �%Xk. CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FILING FEE EXEMPTION De Minimis Impact Finding (Fish and Game Code Sec. 711.4; Section 753.5c, Title 14, California Code of Regulations) Project Title / Butte County Location: UP 98-23, on the east side of Township Road, approximately 1,500 ft. south of West Evans -Reimer Road, at 480 Township Rd. Project Description: Use Permit to allow an agricultural segregation for a prune drying complex Findings of Exemption (attach as necessary): 1. The county of Butte has conducted an initial study and prepared a (Negative Declaration or Environmental Impact) so as to evaluate the potential of this project for adverse environmental impact: 2. When considering the record as a whole, there is no evidence before the County that the project will have potential for an adverse impact on wildlife resources or the habitat upon which the wildlife depends. 3. The County of Butte has, on the basis of substantial evidence, rebutted the presumption of adverse effect contained in Section 753.5 (d), of Title 14, California Code of Regulations, if applicable. 4. The project is hereby found to be de minimis in its effect on wildlife and exempt from the State Fish and Game filing fees required by Section 711.4 of the Fish and Game Code. Certification: I hereby certify that the County of Butte has made the above findings of fact and that based upon the initial study and hearing record the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. By: Randy ilson, Principal Planner Lead Agency: County of Butte Date: February 12, 1999 j Ahnda\noe.nod\f&g.1et APPENDIX G 1. NOTICE IS HEREBY GIVEN that the project described below has been reviewed pursuant to the provisions of the California Environmental Quality Act of 1970 (Public Resources Code 21100, et. seq.) and a determination has been made that it will not have'a significant effect upon the environment. Assessor's Parcel No. 024-140-008 2. DESCRIPTION OF PROJECT: Use Permit to allow an agricultural segregation for a prune drying complex 3. LOCATION OF PROJECT: on the east side of Township Road, approximately 1,500 ft. south of West Evans -Reimer Road, at 480 Township Rd. 4. NAME AND ADDRESS OF PROJECT APPLICANT: Thiara Bros. Orchards, P.O. Box 385, Live Oak, CA 95993 5. MITIGATION MEASURES: See Attached 6. A copy of the initial study regarding the environmental effect of this project is on file at 7 County Center Drive, Oroville. This study was: _X_ Adopted as presented. Adopted with changes. Specific modifications and supporting reasons are attached. A public hearing on this Negative Declaration was held by the decision making body. Hearing Body: Butte County Board of Supervisors Date of Determination: July 14, 1998 Determination: On the basis of the initial study of environmental impact, the information presented at hearings, comments received on the proposal and our own knowledge and independent research: We find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION is hereby adopted. __2L We find that the project COULD have a significant effect on the environment, but will not in this case because of attached mitigation measures described in item 5 above, which are by this reference made conditions of project approval. A conditional NEGATIVE DECLARATIO by adopted. Fred Davis, Chairman` - Butte Com1Jr' _�� pervisors Date: Jut tt "f ,-)P99-a3 Mitig&ii Measures: 0 If required, the parcel map shall include a condition that at the time of sale or transfer to a non -family member, a setback or buffer be imposed pursuant to policy 3.4 of the Agricultural Element. I] Uavelomman$ Services MAR 2 9 1999 y •1 �S — • Development Pian „ rW. teen• Rrl RR Reno I �. sretR DATE LIAR 2 1QaQ sra•N -:' ►� u `*j(. 5; I 1 ....... . r.w...---�` 1 . - �... .. ... ..:.. _ PAY' iv.•/oo•Oi. .. USE PERMIT VARIANCE. _ A M�MOI#Yl.P;.,,.,,.•.. ADM.PERM61' PLAN NING•COMMISS. 41108VFKt(;TVK OF. t • �' 1 • 1 �� o Ooe,eG'. i'•; ; �, DEVE40PAI�ENT,SERI�ICE$: .' opw tK•140•- I l� (err ,�; •. .: .. •� 3 ....,-,,. �,. ►'' I 1 1 �-1L-•— c�iJ�(� I �� C ^� � f/JE P:�PlIA. t �, 1 — J • • �,'.,• • SITE a� • r ' . ' . .. .i ':` se •ren Ie•++EN,rR�i so ermy al l� rr ,2::270 ;P C.R E S fO R �.: - — , •, l b`�?�I '•P:p p05E.O. : •LIGiUI:� Igg5 � q I I � S-1Zt � � .. ,• � P � . :.... • .. VICINITY . A .. ._. a Ell; ,�� • :.�. ' . ° •....:.i... _ ..;S. :T..T:l r_N.,;....'.. .:......... D.S..:....... Pb N ( ,., •,.� 1 •� \ C°j lir � � � :..fi j . .0 e+�1 • • '•.•; I • : �•'� 1) i (}'i P i � •. i r. i� r�01 . t i . r • J s �� n C • : �.:,•L.. L �._I ; ��,\ . - � f . � �+� . v� k �+.i ' \.+ `` 44.2•.50' i Z9�:ls? cJvrvtM ttnr rc£ /v•i I \ •1 ,1 I : • � ,, FewnurEA� I` � I TnTAL ACREAGE etteJ.newL sseaweE P••+R� • f�': _ /0.00AC•(CrATW) Att Ml7i7L I :.•� I I ,r,Mit_ — :1 ---'� ssloRwec tlRtO $ •sj•:� I ,Y• I u • C--_ DtOP/N6 BLDG. , I I I rt e•w rwR >j •.w.\wavl•�w.weww. Brat• (OPEN s,ed!) ,,O r I m .-•. I I ALt M6TYVL R `� • I I DLAtlS1RO 71MCKf D•O.!' I 'O _ �• I Dtp+elstlo I I � •D•0.7d' 97VRAE SHED AREA of fXIST//YG I • fAC/L/ry 5.7 +PC. (CROSS) ec I I • NE I ' 1 '; � k C y..vNC �- I V ' \.' t'.�C►i : n .v., a .>�:. ✓` X. t• I q I I � ' (CpNO. e[e[R) (L'ONt• BLOCK) �LOLKie I ;�...:••`:.•• .•: •?.• •:; tii'n`_ r ` ;�� I DIJVYORA7bR DFNYDRATOR "� I DlNYDRle7ble � LIVING fOwOr7LHT -1 "` I •r I ! Pwnwa Z� Se .. .!S —► GunJrrn►d 1r !Idt r':. .• I 0 ��c�' >7 I h a-1-- --+ . O.. .4 I \ I F"C&I - O. 075' N Att METAL x b �_ D' ••• IPFlT RbO,hd drORwer fNEe „Py uivtrosnoven �t�y`I'• d70RAer '–�IM-Ir ROAO !\• (OPEN SI•• ,• LCONC.. s7f•NO-~ / :? LbN16JT1C WATEAWIAL �J.: i.f r.•• WIALL METAL LOMm ion S • • r (ewes -POET) �•� • I I � It S7VORde s./to ' Att "ML AiMlsAt � 1 T�%c-•.-.....:�� - (anwe RY-coNrrO) • 1 - 1 �_ ' ' ... � _¢ �; •• I I SNpO I I S70RRiL yy; r •' • t AAM7v 1 x 0. 0 I. \ t t E Sot► 1 / x 1•; • 1 i OWN `� '\ > . ' •r • 1 �' Attu+ t� / � r.r.l 1 � • I i� . 1-j \1 ', o • ,.` � C 'adtD"'Ti,�,»£7>.L ~40 /Yr. N•E•lOpcKgoolem Mt� l7fARe0 I` ' ' . - - '' --- •� `(MT Off O) 3 93. o Sts. 50' • • • I'\ � 1' '- - � •�' '�.• �; •,• '•`�• ♦,"ice on o • • •' •'' •_ PRCPOSED _LME: I I ;' - � FOR'.THE .fOTLRE'fXP/eH3i'/Oh y • • • • , • fLK! Of Lri7tRl7Z J7A!/tTURf M OF JWE fWS d.'PVV1VE' DRY/HG MAR 1 81998 L `:- - • • I $ I � • OR LQL7LLfPhnHf �� FAC/LIT/fS fE rXISTIH6 OVILDInd �_' F01WR POLEogaY of �i'�ville, California I !/S[ SIZE A TOPOGRAPHIC MAP OWNERS OF RECORD �•. � 7= -7.tgc Rc. (64055)IGurld&r aft ,r • 1(• �„. 1/e Int. (7.3t 09C X"e” TO ACCOMPANY A USE PERMIT APPLICATION ealalpp S. -?Wars and BumAnder L tela•., 1/9 int PREPARED FOR TIIIARA EROS. ORCHARDS ��! 1 Oardlil 8. Teles and Sukewant L Telara. Tangly Tiraat, 1/3 Int R BEING A PORTION OF Pr•}arad THE N.11. 1/4 OF SECTION 1®. TA7N..R.9E.,M,D.B.& M. � 4 • ustrw nd�lar►yteA MAILING ADDRESS A P N•.: PORTION OF COUNTY OF BVrM • STATE Or CALIFORNIA n Orehardo Tuba My. Co. "M P.O.II•: 300 u" Oak, Co. ' �o-Od SCALE: 1•= 40' • NOVEMBER, 1994 Pe. M-0470 0600 ° CO TbY/NSH/P ROAD ASSESSOR'S PARCEL NO.94-140-000 R/DLI" la R. aces-ee►[e REV. ROVEMBOR, 1997 5 i NOTICE OF DETERMINATION TO: _ Office of Plan.& Research Dept. 1400 Tenth StreetUM Sacramento, CA 95814 1999 X Butte County Clerk FEB . GR11BB.. is co, c►ery 'FROM: Butte County Planning CA A J' �ePUtY 7 County Center Dr., Oroville 95965 8 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Project Title: UP 98-23, Use Permit AP Number: 024-140-008 Applicant: Thiara Bros. Orchard, P.O. Box 385, Live Oak, CA 95953 State Clearinghouse Number (If submitted to clearinghouse): Contact Person: Stephen Betts Telephone Number: 538-7601 Project Location: on the east side of Township Road, approximately 1,500 ft. south of West Evans -Reimer Road, at 480 Township d. Project Description: Use Permit to allow an agricultural segregation for a prune drying complex This is to advise that the Butte County Board of Supervisors has approved the above-described project on July 14, 1998, and has made the following determinations regarding the above-described project: 1. • The project will, X_ will not, have a significant effect on the environment. 2. An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. _X_ A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures _X_ were, 4. A statement of overriding considerations were not, made a condition of the approval of the project. was, _X_ was not, adopted for this project. This is to certify that the final El with comments and responses and record of project approval is available to the general public at: Date received for filing and posting at OPR Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965 Z" j� Randy Wils Principal Planner • Ll If required, the parcel map shall include a condition that at the time,of sale or transfer to a non -family member, a setback or buffer be imposed pursuant to policy 3.4 of the Agricultural Element. DECLARATION OF FEES DUE • (Ca ornia Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT Thiara Bros. Orchards P.O. Box 385 Live Oak, CA 95953 (916) 673-1531 FILING NO. CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION () A. Statutorily or Categorically Exempt $25.00 Clerk's Documentary Handling Fee (X) B. De Minimus Impact - Certificate of Fee Exemption $25.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION - FEE REQUIRED () A. Negative Declaration $1,250 State Filing Fee $25.00 Clerk's Documentary Handling Fee () B. Environmental Impact Report $850 State Filing Fee $25.00 Clerk's Documentary Handling Fee 3. ( ) OTHER (Specify) $25.00 Clerk's Documentary Handling Fee PAYMENT / NON-PAYMENT OF FEES: 1. (X) PAYMENT: The above fees have been paid. See attached receipt(s). #16983 2. () NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Randy Wilson Title: Principal Planner Lead Agency: Butte County Department of Development Services Date: February 12, 1999 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. ! : \T E RAANO E. NO D\ F&G. F E E CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FILING FEE EXEMPTION De Minimis Impact Finding (Fish and Game Code Sec. 711.4; Section 753.5c, Title 14, California Code of Regulations) Project Title/ Butte County Location: UP 98-23, on the east side of Township Road, approximately 1,500 ft. south of West Evans -Reimer Road, at 480 Township Rd. Project Description: Use Permit to allow an agricultural segregation for a prune drying complex Findings of Exemption (attach as necessary): 1. The county of Butte has conducted an initial study and prepared a (Negative Declaration or Environmental Impact) so as to evaluate the potential of this project for adverse environmental impact: 2. When considering the record as a whole, there is no evidence before the County that the project will have potential for an adverse impact on wildlife resources or the habitat upon which the wildlife depends. 3. The County of Butte has, on the basis of substantial evidence, rebutted the presumption of adverse effect contained in Section 753.5 (d), of Title 14, California Code of Regulations, if applicable. 4. The project is hereby found to be de minimis in its effect on wildlife and exempt from the State Fish and Game filing fees required by Section 711.4 of the Fish and Game Code. Certification: I hereby certify that the County of Butte has made the above findings of fact and that based upon the initial study and hearing record the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game. Code. By: Randy ilson, Principal Planner Lead Agency: County of Butte Date: February 12, 1999 j Alinda\noe.nod\f& g. let t ,�3atte C. LAND O'F NATURAL WEALTH AND BEAUTY y' July 15, 1998 Tiara Bros. Orchards -P.O. Box 385 Live Oak, CA 95953 Re: Use Permit, AP 024-140-008, UP 98-23 Dear Gentlemen: PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 At the regular meeting of the Butte County Board of Supervisors held July 14, 1998, your appeal of the Planning Commission's denial for a Use Permit to allow an agricultural segregation for a prune drying complex was upheld and the Use Permit was approved subject to the conditions listed on the enclosures. Please sign both copies and return both copies to this Division within 40 calendar days. A Notice of Determination (NOD) should be filed for purpose of completing the California environmental quality Act requirements. The fee for filing the NOD is a $25.00 document handling fee. A check made payable to the Butte County Treasurer in the amount of $25.00 should be submitted to the Planning Division in order to complete the process. Please be aware that failure to return the signed copies within 40 calendar days will invalidate the Board of Supervisors' approval. Re-application to this Division would then be necessary. The Use Permit is deemed granted when the enclosures have been signed by the applicant, with the counter signature of the Chairman of the Board of Supervisors, and said permit is received by the applicant by registered mail. Pursuant to Section 66020 (d) (2) of the Government Code you are hereby notified that you have 90 days to register a protest challenging any fees, dedications, reservations, or exactions imposed as conditions of approval for this project. Should you have any questions regarding this matter, please contact Stephen Betts at this office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant /lr Use Permit: Thiara Bros. Orchards, UP # 98-23 0 COUNTY OF BUTTE INITIAL STUDY EVALUATION OF ENVIRONMENTAL IMPACTS I. BACKGROUND: Name of Proponent: Thiara Bros. Orchards 2. Address: P.O. Box 385, Live Oak, CA. 95953 - Phone: (530) 673-1531 Name of Proposal, if applicable: 4. Type of Project: Use Permit Project Description and Location of Parcel(s): This request is for a Use Permit to allow an agricultural segregation for a prune drying complex. Approval of this Use Permit will allow the applicants to apply for a tentative parcel map to create a new parcel containing the prune drying complex. The project site is located on the east side of Township Road, approximately 1,500 ft. south of West Evans -Reimer Road, at 480 Township Rd., Gridley. The parcel is 60 acres in size, from which the applicant wishes to segregate a 10 acre parcel. The property is zoned A40 (Agricultural, 40 -acre minimum parcel size) and is designated by the Land Use Element Map of the Butte County General Plan as Orchard and Field Crops. The site has been developed with a prune drying operation which encompasses 5.7 acres. This area also contains a dwelling unit. The remainder of the 60 acre parcel is planted with plum trees. The project site is surrounded by parcels ranging in size from 11 to 224 acres. Land uses on surrounding parcels are orchards, agricultural processing plants, and rural residential. The Southern Pacific rail line and Highway 99 lie on the property's east side. All surrounding parcels have A40 zoning and an Orchard and Field Crops General Plan land use designation. The topography is level. Water is provided by a private well and sewer service is provided by a septic system. Access to the processing plant/dwelling unit on the parcel is off of Township Road. Additional project description and area description can be found in the data sheet at the end of this document. 6. Assessor's Parcel Number: 024-140-008 7. Date Checklist Submitted: April 30, 1998 H. DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have,a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ■ Butte County Department of Development Services ■ Planning Division ■ Use Permit: Thiara Bros. Orchards, UP # 98-23 ® I find that although the proposed project COULD have a significant effect on the environment, there will NOT be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION with mitigation(s) will be prepared. ❑ I find that the proposed project COULD have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Completed by: Stephen Betts, Associate Planner Date Reviewed W. Craig Sanders, Principal Planner Date j ii M. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below could be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. IN Land Use and Planning ❑ Population and Housing ❑ Geophysical ❑ Water ❑ Air Quality ❑ Transportation/Circulation ❑ Biological Resources ❑ Energy and Mineral Resources ❑ Hazards ❑ Noise EVALUATION OF ENVIRONMENTAL IMPACTS: ® Public Services ❑ Utilities & Service Systems ❑ Aesthetics ❑ Cultural Resources ❑ Recreation 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on- site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant if there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. ■ Butte County Department of Development Services ■ Planning Division ■ 2 Use Permit: Thiara Bros. Orchards, UP # 98-23 • Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact 4) "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analysis," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in a earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses are discussed in Section XVII at the end of the checklist. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. IV. ENVIRONMENTAL IMPACTS: 1. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? c) Be incompatible with existing land use in the vicinity? X X mm d) Affect agricultural resources or operations (e.g., impacts to soils or farmlands, or impacts from incompatible land uses)? X e) Disrupt or divide the physical arrangement of an established ■ Butte County Department of Development Services ■ Planning Division ■ 3 i Use Permit: Thiara Bros. Orchards, UP # 98-23 community (including a low-income or minority community)? Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact X Response: The project request, a Use Permit for a segregation of a prune dehydrating plant, does not conflict with the General Plan land use designation or zoning. Approval of this Use Permit will allow the applicants to apply for a tentative parcel map to separate the agricultural processing plant from the remainder of the parcel. The Orchard and Field Crops General Plan land use designation allows the processing of all food crops as a primary use. The A-40 (Agricultural, 40 -acre min) zone allows agricultural processing plants. The property is zoned for agricultural uses and contains a prune drying plant and a plum orchard This project will not result in the loss of any plum trees nor will it have an impact on any adjacent agricultural or residential uses. No structures will be allowed to be placed on the agricultural parcel as a result of this project. The property has a California Land Conservation Agreement (CLCA or "Williamson Act') with a minimum contract parcel size of 10 acres. This Use Permit project will not create the parcel, but will allow the applicant to apply for a tentative parcel map to separate the agricultural processing plant from the orchard. The applicants are proposing to segregate 10 acres which is consistent with the CLCA contract on the property. Policy 3.4 of the Agricultural Element of the Butte County General Plan requires that there be a vegetation buffer of 6 to 8 feet in height around the processing use, and a 200 foot setback from the agricultural area. The vegetation buffer already exists in the form of plum trees that surround the processing use. The 200 foot setback requirement can be achieved by increasing the segregated parcel to between 13 and 15 acres. The Agricultural Element calls for a 300 foot buffer to be established around new residential uses on a parcel zoned Agricultural. The purpose of the 300 foot buffer is to protect existing agricultural uses on adjacent properties from incompatible use conflicts, such as a residential use. A condition of the Agricultural Processing Segregation Zoning Ordinance prohibits structures, including dwelling units, from being placed on the agricultural parcel. However, after a ten year period, the applicants, or any subsequent owner of the property, can apply for termination of the covenant to remove the agricultural segregation conditions which would subsequently allow a dwelling unit to be placed on the agricultural parcel. In order to provide for the 300 foot buffer, a mitigation of this project will require that a 300 foot building setback from the side and rear parcel lines on the agricultural parcel be shown on the final map. ■ Butte County Department of Development Services ■ Planning Division ■ 4 Use Permit: Thiara Bros. Orchards, UP # 98-23 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact The Zoning Ordinance calls for a covenant to be recorded by the applicants which will prohibit any structures from being placed on the agricultural parcel. This covenant will be in force for a minimum of ten (10) years, and will continue until the applicants or any subsequent owner applies for termination of the covenant. Mitigation # 1: Enlarge segregated parcel to provide a 200 foot building setback around the processing facility. The 200 foot setback shall be contained entirely on the agricultural processing parcel. The setback area shall contain a vegetation buffer 6' to 8' in height at full growth. Prior to recordation of the final map, a plan shall be submitted to the Planning Division detailing the location of the vegetation, the type of vegetation, and a plan for perpetual maintenance of the vegetation buffer. Mitigation # 2: Show on the final map a 300 foot building setback from the side and rear parcel lines on the agricultural parcel. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet stating that: "No residential structures shall be placed within the 300 foot setback as shown on this map." 2. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? X b) Induce substantial growth in an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? X c) Displace existing housing, especially affordable housing? X Response: Approval of the request will not affect population or housing projections. Approval of this Use Permit will allow the applicants -to apply for a tentative parcel map to separate the agricultural processing plant from the remainder of the parcel. No dwelling units will be allowed to be placed on the agricultural parcel and the processing parcel already contains a dwelling. ■ Butte County Department of Development Services ■ Planning Division ■ 5 \� Use Permit: Thiara Bros. Orchards, UP # 98-23 Potentially Significant I= Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact After a ten year period from recordation of the covenant, the applicants or any subsequent owner can apply to terminate the agricultural conservation covenant. If termination is approved a dwelling unit could be placed on the agricultural parcel. Placing a dwelling unit on the agricultural parcel will alter local population density because the density of the project will not be consistent with the residential densities established by the General Plan one. dwelling unit per 40 acres). Placing a dwelling unit on the agricultural parcel will result in two dwelling units on 60 acres, which is a residential density greater than that allowed by the General Plan. At the time of application for termination of the covenant this issue can be addressed in detail. Mitigation: None required. 3. GEOPHYSICAL. Would the proposal result in or expose people to potential impacts involving: a) Seismicity: fault rupture? X b) Seismicity: ground shaking/ liquefaction? X c) Seismicity: seiche? X d) Landslides or mudslides? X e) Erosion, changes in topography or unstable soil conditions from excavation, grading or fill? X f) Subsidence of the land? X g) Expansive soils? X h) Unique geologic or physical features? X Response: Approval of the request will not create any significant geophysical or topographical impacts that will result in any deterioration of the environment or place people at any significant risk. All of Butte County is in a Moderate Earthquake Intensity Zone VIII. The project site is not located near any known earthquake faults (Butte County ■ Butte County Department of Development Services ■ Planning Division ■ 1.1 Use Permit: Thiara Bros. Orchards, UP # 98-23 Potentially Significant Less . Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact Constraints Map). Construction of buildings to Uniform Building Code standards will provide adequate protection to occupants in case of seismic activity. No new dwelling units are proposed by this project, but a dwelling unit could be placed on the agricultural parcel if the agricultural conservation covenant on that parcel is terminated. The soil characteristics of the site, Gridley Clay Loam and Honcut Loam, are identified as having slight erosion potential. The characteristics of the project site, level with little slope, is such that little erosion would likely occur. The project site has already been developed, and no new construction is expected The project will not result in any changes in topography or unstable soil conditions from excavation, grading or fill. The construction of a dwelling unit and accessory structures will not cause an increase in erosion because of the slight erosion potential and level topography on the site. Mitigation: None required. 4. WATER Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? b) Exposure of people or property to water related hazards such as flooding? c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? d) Changes in the amount of surface water in any water body? e) Changes in currents, or the course or direction of water movements? f) Change in the quantity of ground waters, either through direct X X X X ■ Butte County Department of Development Services ■ Planning Division ■ 7 Use Permit: Thiara Bros. Orchards, UP # 98-23 additions or withdrawals, or through interception of an aquifer by cuts or excavation? g) Altered direction or rate of flow of groundwater? h) Impacts to groundwater quality? 0 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact X X .X &Wonse: Liquid waste from the existing prune dehydrator plant is currently discharged into settling ponds located to the north of the plant. Comments received from the State of California Regional Water Quality Control Board (RWQCB) indicate that the waste water from the plant falls within their jurisdiction. This wastewater has the potential to flow off- site and into nearby drainages, which could lead to a degradation of water quality in these drainages. As such, a condition of this project will require that the applicants meet all the requirements of the RWQCB. The only drainage way on the project site is a ditch located along Township Road on the north portion of the parcel. The project site is not located in a flood zone as shown on Flood Insurance Rate Map 060017-575B. The project will not result in additional withdrawals of groundwater. Mitigation: None required. 5. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? c) Alter air movement, moisture, or temperature, or cause any change in climate? d) Create objectionable odors? X X X ■ Butte County Department of Development Services ■ Planning Division ■ 8 Use Permit: Thiara Bros. Orchards, UP # 98-23 • Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated Less Than Significant No Impact Impact Response: The prune drying plant generates odors when it is in operation, usually during the late summer months. This odor already exists and is a normal and expected byproduct of the numerous agricultural processing plants found in agricultural areas. No increase in emissions will occur as a result of this project. A dwelling unit could be placed on the agricultural parcel if the agricultural conservation covenant on that parcel is terminated. The dwelling unit will not generate significant amounts of air pollution or odors, nor will it expose people to pollutants. Mitigation: None required. 6. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? _ c) Inadequate emergency access or access to nearby uses d) Insufficient parking capacity onsite/ offsite? e) Hazards or barriers for pedestrians or bicyclists? fl Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? h) Substantial impact upon existing transportation systems, including X X X X X ■ Butte County Department of Development Services ■ Planning Division ■ E C7 Use Permit: Thiara Bros. Orchards, UP # 98-23 public transportation services? 0 Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated Less Than Significant No Impact Impact Response: Approval of the request will not cause an increase in vehicle traffic in the project area, will not present a hazard or barrier to pedestrians or bicyclists, nor will it impact rail, waterborne or air traffic. The project site is not served by public transportation services. A dwelling unit could be placed on the agricultural parcel if the agricultural conservation covenant on that parcel is terminated The dwelling unit would add approximately ten additional vehicle trips on the roads in the project area. Township Road has the capacity to handle this small increase in vehicle traffic. There is good site vision of Township Road from the project site. Mitigation: None required. 7. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds)? X b) Locally designated species (e.g. heritage trees)? X c) Locally designated natural communities (e.g. oak forest, etc.)? X d) Wetland habitat (e.g. marsh, riparian and vernal pool)? X e) Wildlife dispersal or migration corridors? X Response: Approval of the request will not have any impact on any plant or animal species on the rare, endangered or threatened species list as shown on the Department of Fish and Game's Areas of Special Biological Importance maps. The project site has been planted in plum orchard for many year and has been developed with a agricultural processing plant, so very little native vegetation remains. Non-native vegetation is located around the ■ Butte County Department of Development Services ■ Planning Division ■ 10 • Use Permit: Thiara Bros. Orchards, UP # 98-23 LJ Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated Less Than Significant No Impact Impact dwelling unit. Berry bushes are found along the drainage ditch. Only small mammals, such as squirrels, skunks, and opossums, and small birds are found on the site. Mitigation: None required. 8. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? X b) Use non-renewable resources in a wasteful and inefficient manner? X c) Conflict with the extraction of identified, significant mineral resources? X Response: This project will not conflict with any adopted energy conservation plans or use nonrenewable resources in a wasteful manner. No significant mineral resources are known to exist on the site. Mitigation: None required. 9. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals, or radiation) b) Possible interference with an emergency response plan or emergency evacuation plan? _ c) The creation of any health hazard or potential health hazard? d) Exposure of people to existing X ■ Butte County Department of Development Services ■ Planning Division m 11 • Use Permit: Thiara Bros. Orchards, UP # 98-23 sources of potential health hazards? e) Increased fire hazard in areas with flammable brush, grass, or trees? C� Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated Less Than Significant No Impact Impact M Response: Approval of the request is not expected to expose the public to any health hazards. Access to the site is a paved public street. Emergency vehicles will have no problem accessing the site. Mitigation: None required. 10. NOISE. Would the proposal result in: a) Increases in existing noise levels? X b) Exposure of people to severe noise levels? X Response: The project site is subject to noise levels from the adjacent rail line and Highway 99 but this is not significant because the processing plant and the dwelling unit are located approximately 1, 000 ft. from these transportation corridors. The prune dehydrating plant generates noise during the harvest season, usually during the late summer months. This noise already exists and is a normal occurrence in agricultural areas. Approval of the request to segregate the prune drying plant will not increase the existing noise level or expose people to severe noise levels. MITIGATION: None required. 11. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? X b) Police protection? c) Schools? X X ■ Butte County Department of Development Services ■ Planning Division ■ 12 U Use Permit: Thiara Bros. Orchards, UP # 98-23 d) Maintenance of public facilities, including roads? e) Other governmental services? 0 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact X X Response: Approval of the request will not result in the need for new or additional services. No dwelling units will be allowed on the agricultural parcel so there will not be an impact to schools or to the fire department. A dwelling unit could be placed on the agricultural parcel if the agricultural conservation covenant on that parcel is terminated. This may result in impacts to fire and police protection services. The Butte County Fire Department/California Department of Forestry has indicated that cumulative development in rural areas will impact their ability to provide fire protection services They have stated that the installation of automatic fire suppression sprinkler systems in residential structures will reduce the demand for fire protection services. As a condition of parcel map approval all new structures will be required to be equipped with an automatic fire suppression sprinkler system unless a pressurized community water system with hydrants is installed. The proposal will cause an incremental increase in demand for police protection services. The cumulative impacts of increased development in rural areas impacts the ability of the Sheriffs Department to adequately provide police services to outlying areas. Asa condition of parcel map approval, the applicant will be required to place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that "A development impact fee for Sheriffs facilities shall be paid pursuant to the provisions of Chapter 3, Article H of the Butte County Code, prior to issuance of building permits. The fee amount will be determined and calculated as of the date of application for the building permit. " The proposal will result in an incremental demand for school facilities in the area. As a condition of project approval, the applicant will be required to place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating: "A development impact fee for school facilities shall be paid prior to issuance of building permits. The fee amount will be determined and calculated as of the date of application for the building permits " While the school district maintains that these fees do not fully mitigate the impacts of the project, the County is precluded from imposing additional fees by the State Legislature. ■ Butte County Department of Development Services ■ Planning Division ■ 13 w Use Permit: Thiara Bros. Orchards, UP # 98-23 is Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact A dwelling unit on the agricultural parcel will result in an incremental increase in the need for maintenance of roads in the project area. Deterioration of off-site road surfaces due to the project will be minimal because of the incremental amount of traffic generated by the project. Heavy vehicles, which typically cause the most roadway damage, will not be expected to use these roads to access the project site. Mitigation # 3: Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet stating that: "Unless the parcels can be connected to a pressurized community water system, all new habitable buildings shall have an automatic sprinkler system per National Fire Protection Association (NFPA 13D) standards for single family dwellings." 12. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems, or substantial alterations to the following utilities: a) Power or natural gas? X b) Communications systems? X c) Local or regional water treatment or distribution facilities? X d) Sewer or septic tanks? X e) Storm water drainage? X f) Solid waste disposal? X g) Special Districts? X Response: Approval of the request will not result in any need for new systems. Services are already present on-site. Mitigation: None required. 13. AESTHETICS. Would the proposal: a) Affect a scenic vista or designated ■ Butte County Department of Development Services ■ Planning Division ■ 14 Use Permit: Thiara Bros. Orchards, UP # 98-23 Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated scenic highway? b) Have a demonstrable negative aesthetic effect? c) Create light or glare? Less Than Significant No Impact Impact X X Re onse: Approval of the request will not result in any significant impacts to scenic vistas or to the area's aesthetics. Mitigation: None required. 14. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources?. b) Disturb archaeological resources? c) Affect historical resources? d) Have the potential to cause a physical change which would affect unique ethnic cultural values? e) Restrict existing religious or sacred uses within the potential impact area?_ I X X X X X Response: The project site is located in a general area characterized as having a low. to moderate, including unknown, archeological sensitivity. The location of the project is not in an area that holds very high potential for historical or cultural resources. Often such sites are found in foothill areas, areas with high bluffs, rock outcroppings, areas overlooking deer migratory corridors, or above bodies of water. No such characteristics exist on the project site. Had there existed any cultural resources at surface or near surface level they would have been discovered or destroyed years ago by the impacts from the agricultural activities on the property. Mitieation: None required. 15. RECREATION. Would the proposal: ■ Butte County Department of Development Services ■ Planning Division ■ 15 Use Permit: Thiara Bros. Orchards, UP # 98-23 0 Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated Less Than Significant No Impact Impact a) Increase the demand for neighborhood or regional parks or ! other recreation facilities? X i b) Affect existing recreational opportunities? X4 Response: Approval of the request will not result in any additional demands upon recreational facilities. Mitigation: None required. 16. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the X ■ Butte County Department of Development Services ■ Planning Division ■ iC • Use Permit: Thiara Bros. Orchards, UP # 98-23 Potentially Significant Impact effects of probable future projects). c) Does the project have environmental effects which will cause substantial adverse effects on human being, either directly or indirectly? _ • Potentially Significant Less Unless Than Mitigation Significant No Incorporated Impact Impact X Response: Approval of the request will not have any significant impacts upon the quality of the environment, in as much as no significant impacts will result on any wildlife populations, either to plant or animal species No known cultural resources exist onsite. Approval of this project may have a significant impact to agricultural operations in the project area and may have a cumulative impact on fire services in the area, but the impacts of this project can be mitigated to a level "of insignificance by the incorporation of stated mitigation measures as part of the project approval. V. MITIGATION MEASURES AND MONITORING REQUIREMENTS: 1. Enlarge segregated parcel to provide a 200 foot building setback around the processing facility. The 200 foot setback shall be contained entirely on the agricultural processing parcel. The setback area shall contain a vegetation buffer 6' to 8' in height at full growth. Prior to recordation of the final map, a plan shall be submitted to the Planning Division detailing the location of the vegetation, the type of vegetation, and a plan for perpetual maintenance of the vegetation buffer. 2. Show on the final map a 300 foot building setback from the side and rear parcel lines on the agricultural parcel. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet stating that: "No residential structures shall be placed within the 300 foot setback." 3. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet stating that: "Unless the parcels can be connected to a pressurized community water system, all new habitable buildings shall have an automatic sprinkler system per National Fire Protection Association (NFPA 13D) standards for single family dwellings." DATA SHEET A. Project Description ■ Butte County Department of Development Services ■ Planning Division ■ 17 9 Use Permit: Thiara Bros. Orchards, UP # 98-23 Ifl 0 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact 1. Type of Project: Use Permit for segregation of an agricultural processing plant. 2. Proposed Density of Development: Property is already developed. 3. Amount of Impervious Surfacing: No new impervious surfaces. 4. Access and Nearest Public Road(s): Parcels fronts on Township Road. 5. Method of Sewage Disposal: On-site septic tank/leachfield systems. 6. Source of Water Supply: On-site wells. 7. Proximity of Power Lines: To property. 8. Potential for further land divisions and development: The Use Permit will allow the applicants to apply for a tentative parcel map to split the processing plant from the remaining parcel. Environmental Settine 1. Terrain a General Topographic Character: Level with no unique topographical features. b. Slopes: 0 to 2% C. Elevation: 85 feet above sea level. d. Limiting Factors: None. 2. Soils a. Types and Characteristics: Gridley Clay Loam - well supplied with organic material and absorbs water very readily, and Honcut Loam - moderate quantity of organic matter, friable, and has a high water -holding capacity. b. Limiting Factors: Moderate expansive soils. 3. Natural Hazards of the Land a. Earthquake Zone: Moderate Earthquake Intensity Zone VIII. b. Erosion Potential: None. C. Landslide Potential: None. d. Fire Hazard: Unclassified - irrigated area. e. Expansive Soil Potential: Moderate. 4. Hydrology a. Surface Water: No natural drainages. Water ditch & settling ponds. b. Ground Water: Unknown C. Drainage Characteristics: Natural percolation and sheet drainage. d. Annual Rainfall (normal): 20 inches per year. e. Limiting Factors: None. 5. Visual/Scenic Quality: Good. 6. Acoustic Quality: Good. Noise from vehicles on Highway 99 and trains on the Southern Pacific rail line can heard throughout site. . 7. Air Quality: Good, except when stagnant air conditions persist in the valley. ■ Butte County Department of Development Services ■ Planning Division ■ iY3 Use Permit: Thiara Bros. Orchards, UP # 98-23 Potentially Map 11-1, Seismic Safety Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact 8. Vegetation: Plum orchard. Non-native vegetation around dwelling unit. Berry bushes along ditch. 9. Wildlife Habitat: Mammals and birds common to orchard areas. 10. Archaeological and Historical Resources in the area: Moderate to low, including unknown, sensitivity area. 11. Butte County General Plan designation: Orchard and Field Crops. 12. Existing Zoning: A-40 13. Existing Land Use on-site: Plum orchard, prune drying plant, one dwelling unit. 14. Surrounding Area: a. Land Uses: Orchards, agricultural processing plants, rural residential b. Zoning: A-5, A-40, M-2. C. Gen. Plan Designation: Orchard & Field Crops. d. Parcel Sizes: .11 to 224 acres. 15. Character of Site and Area: Agricultural and rural residential. 16. Nearest Urban Area: Gridley. 17. Relevant Spheres of Influence: CSA 34, CSA 37, Gridley -Biggs cemetery. 18. Improvement Standards Urban Area: None. 19. Fire Protection Service: a. Nearest County (State) Fire Station: Station number 74 approximately 3 miles to the north in Gridley. b. Water Availability: Fire tankers only. 20. Schools: Manzanita Elementary and Gridley Union High School Districts. ENVIRONMENTAL REFERENCE MATERIAL 1. Butte County Planning Department. Earthquake and Fault Activity Map 11-1, Seismic Safety Element. Oroville, CA: C112M Hill, 1977. 2. Butte County Planning Department. Liquefaction Potential Map 11-2, Seismic Safety Element. Oroville, CA: C112M Hill, 1977. 3. Butte County Planning Department. Subsidence and Landslide Potential Map 111-1, Safety Element. Oroville, CA C112M Hill,, 1977. 4. Butte County Planning Department. Erosion Potential Map 111-2, Safety Element. Oroville, CA: C112M Hill, 1977. 5. Butte County Planning Department. Expansive Soils Map 111-3, Safety Element. Oroville, CA: CH2M Hill, 1977. 6. Butte County Planning Department. Noise Element Map IV -1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 7. Butte County Planning Department. Scenic Highways Map V-1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. ■ Butte County Department of Development Services ■ Planning Division ■ 19 Use Permit: Thiara Bros. Orchards, UP # 98-23 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact 8. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4, Safety Element. Oroville, CA: CH2M Hill, 1977. 9. Butte County Planning Department. Archaeological Sensitivity Map. Oroville, CA: James P. Manning, 1983. 10. Butte County Planning Department. School District map. Oroville, CA. 11. Northwestern District Department of Water Resources. Chico Nitrate Study Map, Nitrate Concentration in Shallow Wells. The Resources Agency, State of California, 1983. 12. Butte County Board of Supervisors. Agricultural Preserves Map„ established by Resolution No. 67-178. Oroville, CA: Butte County Planning Department, 1987. 13. National Flood Insurance Program. Flood Insurance Rate Maps. Federal Emergency Management Agency. 1989. 14. USGS Quad Maps. 15. Soil Map, Chico (1925)/Oroville (1926) Area. United States Department of Agriculture. 16. Soil Survey of Chico (1925)/Oroville(1926) Area. United States Department of Agriculture. 17. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Man• Butte County Fire Department and California Department of Forestry, 1989. K:\PLANNING\PROJECTS\UPC\THIARA.UP\THAIRA.IS ■ Butte County Department of Development Services ■ Planning Division ■ 20 LAND OF NATURAL WEALTH AND BEAUTY May 28, 1998 Thiara Bros. Orchards P.O. Box 385 Live Oak, CA 95953 Re: Use Permit, AP 024-140-008, UP 98-23 Dear Gentlemen: PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 The Butte County Planning Commission held a meeting on May 28, 1998, regarding your request for a Use Permit to allow an agricultural segregation for a prune drying complex, was denied/denied without prejudice. Should you desire to appeal this decision you must do so, in writing, with the appeal feet of $50.00 to the Clerk of the Board of Supervisors, 25 County Center Drive, Oroville, California, prior to the expiration of the 10 -day appeal period which is at 5:00 p.m., Monday, June 8, 1998. Should you have any questions regarding this matter, please contact Stephen Betts at this office between 8:00 a.m and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant /lr cc: Tom Kendall k:xtoims\AeniaI.frtn AGENDA REPORT 0 TO: Honorable Chair and Planning Commission FROM: Department of Development Services, Planning Division DATE: May 19, 1998 REQUEST: Use Permit UP 98-23 for Thiara Bros. Orchards on APN 024-140-008: A request for a Use Permit to allow an agricultural segregation for a prune drying complex on property zoned A-40 (Agricultural, 40 -acre minimum parcel size), located on the east side of Township Road, approximately 1,500 ft. south of West Evans -Reimer Road, at 480 Township Rd., Gridley. This project is located in Supervisorial District 4. RELATED ITEMS: None FOR: Planning Commission Meeting of May 28, 1998 SUMMARY: Staff recommends approval of this application subject to the findings and conditions contained herein. APPLICABLE BUTTE COUNTY REGULATIONS: This Use Permit application is submitted pursuant to Butte County Code Sections: 24-45 (Use Permits) which requires that an application be submitted and a public hearing be held by the Planning Commission. The Commission may grant a use permit when it finds that the proposed use of the property will not impair the integrity and character of the zone in which the land lies, and that the use would not be unreasonably incompatible with, or injurious to, surrounding properties, or detrimental to the health or general welfare of the persons residing or working in the neighborhood, or to the general health, safety and welfare of the residents of the County; and 24-90.C.7 - A-40 zone which requires that a conditional Use Permit be obtained for the segregation of an agricultural processing site. 24-290 - Segregation of Agricultural Processing Uses in Agricultural Zones - Provisions for segregating an agricultural processing use, including parcel size limitations, covenant requirements, and time periods. PROJECT CHARACTERISTICS: This request is for a Use Permit to allow an agricultural segregation for a prune drying complex. Approval of this Use Permit will allow the applicants to apply for a tentative parcel map to create a new parcel containing the prune drying complex. The property is zoned A-40 (Agricultural, 40 -acre minimum parcel size) and is designated by the Land Use Element Map of the Butte County General Plan as Orchard and Field Crops. The parcel is 60 ■ Butte County Department of Development Services ■ Planning Division ■ acres in size, from which the applicants wish to segregate a 10 acre parcel. The parcel is under a California Land Conservation Agreement (CLCA or "Williamson Act"), and the minimum contract acreage is ten acres. The proposed 10 acre parcel is developed with a prune drying complex which includes the dryer facility, equipment storage buildings, mechanics shop, a residence, cottage, and additional living quarters. All of the improvements are contained within a fenced 8 acre area. Two additional acres are needed as a settling pond for waste water generated from washing the fruit. The remainder of the 60 acre parcel is planted with prune trees. The project site is surrounded by parcels ranging in size from 11 to 224 acres. Land uses on surrounding parcels are orchards, agricultural processing plants, and rural residential. The Southern Pacific rail line and Highway 99 lie on the property's east side. All surrounding parcels have an A-40 zoning and an Orchard and Field Crops General Plan land use designation. The topography is level. Water is provided by a private well and sewer service is provided by a septic system. Access to the processing plant/dwelling unit on the parcel is off of Township Road. ANALYSIS: In addition to the findings required for a Use Permit contained in Butte County Code Section 24-45.10, this project is also subject to the provisions of County Code Seciton 24-290 - Segregation of Agricultural Processing Uses. As stated in section 24-290, the segregation of a processing site shall meet the following requirements: The existing parcel(s) shown on the plan of development together are at least 10 acres in size or meet the parcel area requirements of the zone, whichever is greater. If the parcel does not meet the size requirement, additional contiguous parcels under the same or related ownership must be included in the application until the acreage requirement is met. The project meets this criteria. The parcel is a 60 acre parcel in an A-40 zone. 2. The proposed segregation will not reduce the capabilities for agricultural use of the non-agricultural processingparcel(s) and surrounding properties. Given the current policies of the Agricultural Element this requirement can not be met for any processing site that is surrounded by an agricultural operation. The Butte County General Plan Agricultural Element policy 3.4 requires a 200' buffer between the processing facility and agricultural areas in addition to a 6' to 8' vegetative screen. The effect to the buffer will be to place up to 7 acres of prunes on the processing site parcel and potentially limit their productivity. No additonal acreage will be taken out of production by approving this request but without the buffer, the imposition of a parcel line between the dryer facility and the orchard will affect the manner in which agricultural sprays can be applied to the orchard. 3. The proposed parcels meet the requirements of the County Environmental Health Division for sewage disposal and water supply. This requirement can be met. 4. The proposed segregation is consistent with the policies of the Butte County General Plan because of the covenant required in Section 24-290D. This finding can be made ■ Butte County Department of Development Services ■ Planning Division ■ by conditioning the project to record a covenant restricting future constrution on the agricultural parcel as required by the above referenced section. S. The agricultural processing parcel is not less than one (1) acre and not more than five (S) acres, or the minimum lot area allowed by the County Environmental Health Division, whichever is greater. The project does not meet this requirement. The dryer facility by itself exceeds the 5acre maximum. When the necessary wastewater pond and buffers are added the site approaches 15 acres. The addition of the buffers alone will bring virtually any ag processing site out of compliance with this requirement. There appears to be a conflict between the zoning code and general plan policies that need to be reviewed and rectified. The Orchard and Field Crops General Plan land use designation allows the processing of all food crops as a primary use. The A-40 zone allows agricultural processing plants. This project is conditionally consistent with the A-40 zoning district and requires that a Use Permit be approved. Approval of this project will not change the land use on the site, nor will it create any new impacts. The prune drying plant already exists, and is allowed by right in the A-40 zone. The processing plant could be expanded to any size as seen appropriate by the landowners. No additional structures, including dwelling units, will be allowed to be placed on the agricultural parcel. Further development on the processing parcel would be allowed. The agricultural segregation will not generate any additional impacts on the project site. No additional vehicle traffic, noise, smoke, odors, water, or biological impacts will occur as a result of this project because no development will be allowed on the agricultural parcel. Prior to recordation of a final map for the segregation, the applicant will be required to sign and record a covenant binding upon the owners and their heirs, successors and assigns, which disallows additional buildings from being located on the agricultural parcel. The covenant will be in force for ten years minimum from the time of recording of the covenant at the Recorder's Office and will continue until the applicant applies for termination or partial termination thereof. Termination will require approval from the Planning Commission. Should the termination occur, structures, including a dwelling unit, could be placed on the 50 -acre agricultural parcel. The property is under a California Land Conservation Agreement and the contract on the property prohibits parcels sizes less than ten acres. The proposed parcel meets this requirement. Several conditions are being recommended for this project that will be implemented at the time of recordation of final map. One condition will require a 300 foot building setback from the side and rear parcel lines on the agricultural parcel. This is to ensure that a dwelling unit placed on the agricultural parcel after termination of the covenant will not cause any impacts to adjacent agricultural operations. Another condition will require that any habitable structures placed on the agricultural parcel after termination of the covenant have an interior fire sprinkler system. The Department of Public Works is requesting that the parcels be created in accordance with the provisions of the State Subdivision Map Act and the County Subdivision Ordinance. They are also ■ Butte County Department of Development Services ■ Planning Division ■ 3 requesting that prior to issuance building permits, encroachment permits be obtained, 30 feet of right-of-way from the centerline of Township Road be deeded to Butte County, and a plan for a permanent solution for drainage be submitted and approved. These conditions will be required as to be implemented at the time of recordation of a parcel map creating the parcel. The Butte County Environmental Health Department is requesting that the project meet the discharge requirements of the Regional Water Quality Control Board. This has been added as a condition of approval. Discussions with County Counsel regarding the conflict between the zoning requirements and the general plan policies resulted in an informal opinion that the Planning Commission can approve the project based on the fact that new general plan policies have been adopted since the segregation ordinance and must be considered. The Commission may also want to consider initiating a code amendment to address the conflict. ENVIRONMENTAL DOCUMENTATION: This application has been defined as a project under the California Environmental Quality Act (CEQA) and as such, is subject to the requirements of CEQA. An Initial Study Part 1 has been prepared by the applicant and Part 2 has been prepared by County staff. Based upon the a review of the Initial Study, staff has determined that the project impacts can be fully mitigated with the addition of the following mitigation measures added as conditions of approval for the project. RECOMMENDATION: Staff recommends that the Planning Commission approve the application for Thiara Bros. Orchards on APN 024-140-008 for an agricultural segregation for a 13 to 15 acre agricultural processing parcel and a remaining 45 to 47 acre agricultural parcel in an A-40 zone, subject to the findings listed below and conditions in attached Exhibit A. Section 1: Environmental Findings. A. An Initial Study was completed in compliance with the California Environmental Quality Act identifying potentially significant environmental effects that the project may have. Provisions and the design of the project and the conditions added to the project will mitigate such effects to a level of insignificance; and B. The design of the proposed project improvements will not cause environmental damage to fish and wildlife or their habitat, and a de minimus exemption to the collection of Department of Fish and Game Environmental Filing Fees is recommended; and C. The Planning Commission has independently reviewed, analyzed, and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, and the Negative Declaration reflects the independent judgement of Butte County; and Section 2: Zoning Ordinance Findings. ■ Butte County Department of Development Services ■ Planning Division ■ 4 �7 A. The proposed use of the property will not impair the integrity and character of the zone in which the land lies and that the use would not be unreasonably incompatible with, or injurious to, surrounding property, or detrimental to the health, safety and general welfare of the persons residing or working in the neighborhood, or to the general health, welfare and safety of the County because: 1. Approval of this project will not cause any significant negative impacts because: a. The agricultural processing plant already exists and is allowed by right in the A-40 zone; and b. Under the current zoning the prune drying plant could be expanded, to any size; and C. No additional structures will be allowed to be placed on the 50 -acre agricultural parcel, thus preserving prime agricultural land; and d. Approving an agricultural processing parcel of 10 -acres will not cause a loss of prime agricultural land and is consistant with the Williamson Act contract for the property; and 2. The proposed project is conditionally consistent with the A-40 zone with a Use Permit and is a Primary Use under the Orchard and Field Crops General Plan land use designation; and Section 3: Action A. Subject to the findings indicated in Sections 1 and 2 of this report, move to approve the Use Permit for Thiara Bros. Orchards on APN 024-140-008 to allow an agricultural segregation for a 10 -acre agricultural processing parcel and a 50 -acre agricultural parcel in an A-40 zone. Approval shall be subject to the conditions in Exhibit "A" attached. Exhibit: A: UP Form Attachments: Vicinity Map Site Plan K:\PROJECTS\UPC\TH IARA. UP\THAI RA. RPT k Butte County Department of Development Services ■ Planning Division ■ 5 �V6IV-1IW:1 USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Ree.) UP 98-23 PERMIT NO. 024-140-008 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Thiara Brothers Orchards is hereby granted a Use Permit in accordance with application filed on March 18, 1998 for an agricultural segregation for a 10 -acre agricultural processing parcel and a 50 -acre agricultural parcel in an A-40 zone. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this Use Permit, all conditions must be completed' prior to, or concurrently with, the establishment of the granted use. The use granted by this permit must be established within 24 months of the delivery of the countersigned permit to the Permittee. If any use for which a use permit has been granted is not established within two year of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. 4. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee, Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. Conditions of Approval: ■ Butte County Department of Development Services ■ Planning Division ■ 2 1. As a condition of the parcel map, enlarge segregated parcel to provide a 200 foot building setback around the processing facility. The 200 foot setback shall be contained entirely on the agricultural processing parcel. The setback area shall contain a vegetation buffer 6' to 8' in height at full growth. Prior to recordation of the final map, a plan shall be submitted to the Planning Division detailing the location of the vegetation, the type of vegetation, and a plan for perpetual maintenance of the vegetation buffer. (MM) 2. As a condition of the parcel map, show on the final map a 300 foot building setback from the side and rear parcel lines on the agricultural parcel. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet stating that: "No residential structures shall be placed within the 300 foot setback." (MM) 3. As a condition of the parcel map, place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet stating that: "Unless the parcels can be connected to a pressurized community water system, all new habitable buildings shall have an automatic sprinkler system per National Fire Protection Association (NFPA 13D) standards for single family dwellings." (MM) 4. The agricultural processing parcel shall be at least ten (10) acres in size. Prior to recordation of a final map for the segregation, the applicant shall sign and record a covenant binding upon the original owners and their heirs, successors and assigns, which disallows additional buildings from being located on the agricultural parcel. The covenant shall be in a form approved by County Counsel. 6. Meet the requirements of the State of California Regional Water Quality Control Board. 7. No waste from the processing plant shall be discharged into any Reclamation District 2056 canals. Create the parcel in accordance with the provisions of the State Subdivision Map Act and the County Subdivision Ordinance. 9. Prior to or concurrent with the recordation of a future parcel map, obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. 10. Prior to or concurrent with the recordation of a future parcel map, deed to Butte County, in fee simple, 30 feet of right-of-way from the centerline of Township Road. The right of way shall be sufficient for the installation of standard No. S-5 at all street intersections. 11. Prior to or concurrent with the recordation of a future parcel map, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on-site and/or ■ Butte County Department of Development Services ■ Planning Division ■ 7 conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. 12. Applicant must also comply with all other applicable State and local statutes, ordinances and regulations. I hereby declare under penalty.of perjury that I have read the foregoing conditions, that they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. ; Dated: Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Butte County Planning Commission Chairman CC: Land Development Division Building Division Environmental Health Department California Department of Forestry Regional Water Quality Control Board Agricultural Commissioners Office Assessor's Office Reclamation District 2056 (c/o Jeff Spence) ■ Butte County Department of Development Services ■ Planning Division ■ Vicinity Map ti .. GSA Road .. _. .__. ,--tams . __... COX ----------------- . VY c_.._...._... _ ....... IDLEY CL E Gridlev Road ca left Mum W;Evaq Reimer Roa4 I fl. _. ect ,ocaMori - _ r- _ BUT F ;COUN7Y...1` SLITTER COUNTY UP 98-23 APN 024-140-008 THIARA BROS. 7 NO 2 1® ornid: Sol DEPARTMENT OF DEVELOP' ENT SERA ICES BL i E COUNTY UNIFORM ATPLICATION APPLICANT: Agent information to be provided is on other side: APPLICANT'S NAME ( If applicant is different from owner an affidavit is required) ASSESSOR'S PARCEL NL MBER THIARA BROS. ORCHARDS % RAVI THIARA 24-140-008 ADDRESS: ,CITY. STATE & ZIP CODE- FILENUMBE : tFOR OFTICF P.O. BOX 385, Live Oak, CA 95953 A NAME OF PROPOSED PROJECT ( If any) TELEPHONE. N/A ( 916 1 673-1531 LOCATION OF PROJECT ( Major cross streets Lad Address. if any ) at 480 Township Rd. on East side of Township Rd.; 1500' South of Evans -Reimer Road GENERAL INFORMATION REQUIRED OWNER'S NAME GURDEV S. ,SATINDER K.THIARA, KULDIP S.THIAtkELEPHONE ARMINDER K.THIARA,&THE GURDIALS-S.THIARA & SUKHWANT K.THIARA FAMILY REVOCABLE TRUST."(% KULDIP S THIARA) (916 1673-1531 i�XelSOak CA •95953ZONE A f p�� A-40 GENE AL 0 PLS 1�Y� 'gG pl�' ie � 7L.6 AC?riRrune SfTE S1ZE l in Square Feer or .-:res t Mature Prune Orchard 7.7 ± Acres EMSTP;G STRL:CTLRES ( in Square Feet The area inside the '. PROPOSED STS I�CTURE51 in S unre Feel ( The Proposed �ecurity Fence which encloses the Prune Dryi g Reserved Area -is nr Liquid Waste Settli Facilities has 231,000 Sq. Ft. Ponds and contains 87120 Sq. Ft. (Cbeck One) (Check One) ❑ PROPERT,' ,' IS OR PROPOSED TO BE SEWER -ED ❑ PROPERTY 1S OR PROPOSED TO BE ON PUBLIC til PROPERTY IS OR PROPOSED TO BE ON SEPTIC PROPERTY IS OR PROPOSED TO BE ON WELL WATER APPLICATION REQUESTED ❑ GD NERAL PLAN AMENDMEI T ❑ RE ZONE EI USE PERMIT ❑ MINOR USE PERMIT ❑ VARIANCE ❑ MINOR VARIANCE ❑ ADMINISTRATIVE PERMIT ❑ DEVELOPMENT AGREEMENT ❑ TENTATIVE SUBDI\11SION MAI' ❑ TE'NTATIVE PARCEL MAP ❑ WAIVER OF PP.RCF.I NlAP ❑ BOUNDAR.Y LME MODIFICATION ❑ LEGAL LOT DETERMINATION ❑ CERTIFICATE OF MERGER ❑ MINING AND R.ECLA,MATION PLAN ❑ 07BEEt PROJECT DESCRIPTION FULL DESCRJP'nON OF PROPOSED PROJECT (Attach necessary sheds If this application is for a land division . describe the number ,ind size or parcels.) An additional 2.0± acres is proposed to be set aside for the development - �- Prune Drying Complex. OWNER CERTIFICATION m1a v.cn!u I 1 rL1i i A -%I rxt')tN I L I FH1 LEGAL ()W\T-R OR THE AL,7HOR1ZED AGENT OF THE 0WNL x OF I1 -E .x.iU\�')_ UtSCKWEU Pkt)I't:k FLRTHER I ACKNO�tTLA EDGE THE FG OF TI -as APPLICATION AND CERTIFY THAT ALL OF THE ABuU t L\FI,F(\t:�:IC I� I k I: \:,I, DATE: ACCL E: (lr sn a �t a to be authortzsd eueute sn st id,vit orauthwuaUon Indm.lude the a�w l with Thi, ,PPI„jl,w. X SIGNATURE: x AGENT AUTHORI`L k'nON To Butte County, Department of Development Services; RAVI THIARA 673-1531 P-inc Name OIAS=t 3rd P!=rNUMb r P.O. BOX. 385, Live Oak, CA 95953 Mucin= Addm= is hereby authorized to prod= this application for A USE PERMIT on my prope.-y, identifiedas Butte County Assessors Parcel Number 24-140-008 This authorization allows representation for all applications, hearings, appeals, etc. and to sign all documents necessary for said p; ocessing, but not inc!uding document (s) relating to record title interest. Prim.Namc SUKHWANT K. THIARA, TRUSTEE Owners) of Record: (sign and print name)su, GURDEV S. THIARA & SATINDER K. THIARA Prat Name SiguauL x KULDIP S. THIARA & HARMINDER K. THIARA Architect and/or Engineer: TOM KENNDALL * LAND SURVEYING (530) 673-9779 ?-:r.i Na.-ne orAr_hiLcvjT--3einec aad PSoae NiUmbcr 3020 Industrial Drive., Suite B• Yuba City,CA 95993 FOR OFFICE USE ONLY Verify. Date received: rl �� Total amount received: -AP Number(s) _.Legal Description Owners Authorization, _____Zoning requirements._, Project Description j (.�� 1 Copies of plot -plan Taken by� Receipt No. I EIL LD Plan FDA 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 S �, O t Q as of _ f I i Q q -F7Make check payable to "Butte County Treasurer". 98-218 Thiara Brothers Orchards - Use permit - consideration of an appeal of the Planning -.Commission's -denial of a'use permit (item on which a negative declaration regarding environmental impacts has been recommended), to allow -an agricultural segregationr,`'for a prune drying complex on property zoned A-40 (Agricultural -40 acre minimum parcels) on property located on the east side of Township Road, approximately 1,500 feet -south of West Evans -Reimer Road, at 480 Township Road, Gridley, identified as APN 024-140- 008 - ACTION REQUESTED: SUBJECT TO ENVIRONMENTAL FINDINGS -ALC, ZONING ORDINANCE FINDING A, AND CONDITIONS DETAILED IN EXHIBIT A' OF STAFF MEMORANDUM DATED MAY 28, 1998, UPHOLD THE APPEAL AND GRANT -A USE PERMIT FOR AGRICULTURAL PROCESSING SEGREGATION FOR THIARA BROTHERS ORCHARDS ON PROPERTY IDENTIFIED AS APN 024-140-008. (STAFF REPORT DATED JUNE 26, 1998).(545)� MOTION: SUBJECT TO ENVIRONMENTAL FINDINGS A -C AS FOLLOWS: A. AN INITIAL STUDY -WAS --COMPLETED 'IN COMPLIANCE WITH ;THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IDENTIFYING POTENTIALLY SIGNIFICANT ENVIRONMENTAL EFFECTS THAT THE.PROJECT MAY HAVE. PROVISIONS AND THE DESIGN OF THE PROJECT AND THE CONDITIONS ADDED TO THE PROJECT WILL MITIGATE SUCH EFFECTS TO A LEVEL OF INSIGNIFICANCE; - B. THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS WILLINOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND WILDLIFE OR THEIR HABITAT, AND A DE MINIMUS EXEMPTION TO THE COLLECTION OF DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEES IS RECOMMENDED; AND 98-218 C. THE BOARD 'OF SUPERVISORS HAS INDEPENDENTLY REVIEW, ANALYZED, (cont.) AND CONSIDERED THE PROPOSED NEGATIVE DECLARATION WITH MITIGATION MEASURES PRIOR TO MAKING ITS DECISION ON THE PROJECT, AND THE NEGATIVE DECLARATION REFLECTS THE INDEPENDENT JUDGEMENT OF BUTTE COUNTY; AND AND ZONING ORDINANCE AND GENERAL PLAN FINDINGS A(1-3) AS FOLLOWS: A. THE PROPOSED USE OF THE PROPERTY WILL NOT IMPAIR THE INTEGRITY AND CHARACTER OF THE ZONE IN WHICH THE LAND LIES AND THAT THE USE WOULD NOT BE UNREASONABLY INCOMPATIBLE WITH, OR INJURIOUS TO, SURROUNDING PROPERTY, OR DETRIMENTAL TO THE HEALTH, SAFETY AND GENERAL WELFARE OF THE PERSONS RESIDING OR WORKING IN THE NEIGHBORHOOD, OR TO THE GENERAL HEALTH, WELFARE, AND SAFETY OF THE COUNTY BECAUSE: 4 1. APPROVAL OF THIS PROJECT WILL NOT CAUSE ANY SIGNIFICANT NEGATIVE IMPACTS BECAUSE: BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - JULY 14,1998 s a THE AGRICULTURAL PROCESSING PLANT ALREADY EXISTS AND IS ALLOWED BY RIGHT IN THE A-40 ZONE; AND UNDER THE CURRENT ZONING THE PRUNE DRYING PLANT .COULD BE EXPANDED TO ANY SIZE; AND I C. NO ADDITIONAL STRUCTURES WILL BE ALLOWED TO BE PLACED ON THE AGRICULTURAL PARCEL, THUS PRESERVING PRIME AGRICULTURAL LAND; AND D. APPROVING AN AGRICULTURAL PROCESSING PARCEL WILL NOT CAUSE A LOSS OF PRIME AGRICULTURAL LAND. I 2. THE PROPOSED PROJECT IS CONDITIONALLY CONSISTENT WITH THE A-40 ZONE WITH A USE PERMIT AND IS A PRIMARY USE UNDER THE ORCHARD AND FIELD CROPS GENERAL PLAN LAND USE DESIGNATION; AND 1 3. THAT THE PROPOSED PROJECT AS CONDITIONED ACCOMPLISHES THE BUFFER AREAS CONTAINED IN POLICY 3.4 OF THE AGRICULTURAL ELEMENT. ! MOVE TO APPROVE THE USE PERMIT FOR THIARA BROTHERS ORCHARDS ON APN 024-140-008 TO ALLOW A SEGREGATION FOR CREATION OF AN AGRICULTURAL PROCESSING PARCEL AND A REMAINING AGRICULTURAL PARCEL IN AN A-40 ZONE. APPROVAL IS SUBJECT TO THE FOLLOWING CONDITIONS: GENERAL CONDITIONS 1-5: 1.._.. -FAILURE TO COMPLY WITH THE CONDITIONS SPECIFIED HEREIN AS THE BASIS FOR APPROVAL OF APPLICATION AND ISSUANCE OF PERMIT, CONSTITUTES CAUSE FOR THE REVOCATION OF SAID PERMIT IN ACCORDANCE WITH THE PROCEDURES SET FOR IN THE BUTTE COUNTY ZONING ORDINANCE, INCLUDING BUTTE COUNTY CODE SECTION 24- 45.65. 98-218 2. UNLESS OTHERWISE PROVIDED FOR IN A SPECIAL CONDITION TO THIS (cont.) USE PERMIT, ALL CONDITIONS MUST BE COMPLETED PRIOR TO, OR CONCURRENTLY WITH, THE ESTABLISHMENT OF THE, GRANTED. USE. THE USE GRANTED BY THIS PERMIT MUST BE ESTABLISHED WITHIN 24 MONTHS OF THE DELIVERY OF THE COUNTERSIGNED PERMIT TO THE PERMITTEE. , 3. IF ANY USE 'FOR WHICH A PERMIT HAS BEEN GRANTED .r IN NOT ESTABLISHED WITHIN TWO YEARS OF THE DATE OF RECEIPT OF THE COUNTERSIGNED PERMIT BY THE PERMITTEE, THE PERMIT SHALL BECOME NULL AND VOID AND REAPPLICATION ANDA' NEW PERMIT SHALL BE REQUIRED TO ESTABLISH THE USE. 4. THE TERMS AND " CONDITIONS .OF THIS PERMIT .'SHALL -' RUN WITH; THE LAND AND SHALL BE BINDING UPON AND BE TO THE BENEFIT OF THE HEIRS, LEGAL REPRESENTATIVES, SUCCESSORS, AND ASSIGNS OF THE PERMITTEE. BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - JULY 14, 1998 5. .MINOR CHANGES MAY BE APPROVED ADMINISTRATIVELY BY THE DIRECTOR OF DEVELOPMENT SERVICES, ENVIRONMENTAL HEALTH,,OR PUBLIC WORKS UPON RECEIPT OF A SUBSTANTIATED WRITTEN, REQUEST BY. THE APPLICANT, OR THEIR RESPECTIVE DESIGNEE, PRIOR 'TO -SUCH APPROVAL, VERIFICATION SHALL BE MADE BY.EACH DEPARTMENTIOR DIVISION THAT THE MODIFICATION IS CONSISTENT WITH THE APPLICATION, FEES, PAID•AND ENVIRONMENTAL DETERMINATION AS CONDITIONALLY APPROVED. CHANGES DEEMED' TO BE MAJOR IOR SIGNIFICANT -IN NATURE SHALL REQUIRE A FORMAL APPLICATION FOR AMENDMENT.. SPECIAL CONDITIONS OF APPROVAL 1-6: 1. IF REQUIRED; THE PARCEL MAP SHALL INCLUDE A -CONDITION THAT AT THE TIME OF SALE OR TRANSFER TO A NON -FAMILY MEMBER, A SETBACK OR' BUFFER, BE IMPOSED.'PURSUANT TO POLICY 3.4 OF THE AGRICULTURAL ELEMENT. " 2. THE AGRICULTURAL PROCESSING PARCEL SHALL -BE FOUND TO BE CONSISTENT WITH THE WILLIAMSON ACT AGREEMENT. 3. PRIOR TO RECORDATION OF A FINAL MAP FOR THE `SEGREGATION, THE APPLICANT SHALL SIGN AND RECORD A COVENANT BINDING UPON THE ORIGINAL OWNERS AND THEIR HEIRS, SUCCESSORS AND ASSIGNS, WHICH DISALLOWS ADDITIONAL BUILDINGS FROM BEING LOCATED ON THE AGRICULTURAL. PARCEL. THE COVENANT SHALL BE IN THE -FORM APPROVED BYCOUNTYCOUNSEL. 4. NO WASTE FROM THE PROCESSING PLANT SHALL BE DISCHARGED INTO ANY RECLAMATION DISTRICT 2056 CANALS. 5. CREATE THE PARCEL IN ACCORDANCE -WITH THE PROVISIONS OF THE ` STATE SUBDIVISION MAP ACT,- AND THE COUNTY SUBDIVISION - ORDINANCE. 6. APPLICANT MUST ALSO COMPLY WITH ALL OTHER APPLICABLE STATE AND -'LOCAL STATUTES, ORDINANCES AND REGULATIONS. S M VOTE: 1 NP 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - JULY 14, 1998 Thiara Bros. Orchards - proposed Negative Declaration regarding environmental impacts and IJP Pit to allow an agricultural segregation for a prune drying complex on property zoned A-40 (Agricultural - 40 acre minimum parcels) located on the east side of Township Road, approximately 1,500 feet south of West Evans -Reimer Road, at 480 Township Road, identified as APN 024-140- 008, Gridley. (SB) (UP 98-23) A video of the site was shown. Mr. Betts gave a brief summary of the project. He said the applicant is asking for 10 acres to be segregated. He said the Ag. Element requires a 200 ft. buffer between the plant and surrounding orchards. Mr. Sanders said if the 200 ft. buffer is required, it will be impossible to meet the maximum 5 acres stated in the segregation ordinance. Mr. Betts said the covenant on the ag. portion will restrict building for 10 years. At the end of the 10 years the applicant would need to come back in to have the Commission remove the covenant. Chairman Lambert asked if the ag. parcel would have a 300 ft. setback requirement. Mr. Betts said yes. Commissioner Leland asked if in the future the zoning becomes %z acre lots, and the application gets approval, why at that time would we require a 300 ft. setback. The covenant will be for no building at all, when the applicant comes back in for a Use Permit to lift the restriction, that is when we should look at the abient zoning and decide if it has changed. Mr. Sanders said this is in the Williamson Act. Commissioner Leland asked the source of the 5 acre maximum? Chairman Lambert said the size was determined when the ordinance was adopted. Mr. Sanders discussed a code amendment and who should initiate the change. Chairman Lambert said she was not willing to initiate the change. The hearing was opened to the public. Richard Price, Ag. Commissioner, said an ag. processing plant, next to an orchard, will have problems with spraying of the orchard, etc. He said there is a 200 ft. buffer and a 6-8 foot vegetation buffer required by the Ag. Element. He said he has concerns about the 300 ft. buffer that will be set up in the future. There is a conflict with trying to do a buffer on top of a maximum of 5 acres when the intent is to keep as much land as possible in agricultural production with a minimum impact. Discussion on traffic. . Commissioner Leland said given that the goal is to preserve agricultural land, with a 200 ft. buffer you will have trees maintained by the prune processing plant, without the 200 ft. buffer the trees would stay with the orchard. He asked if the 200 ft. buffer could cause a loss of ag. production? Mr. Price said yes. He said that is one of his concerns. But, he said the buffer is to address a health concern. He said the processing plant is on a 7.7 acre site which is already over the 5 acre maximum allowed to be segregated. with a 200 ft. buffer and a 6-8 acre vegetation buffer. BUTTE COUNTY PLANNING COMMISSION MINUTES MAY 28, 1998 E Tom Kendall, Surveyor, said he had no comments. The applicants were not present. The hearing was closed. Chairman Lambert said she was concerned that the applicants were not present. Commissioner Leland said he thinks this is good for ag. He said splitting the processing plant from the orchard would help financing. He said setbacks for spraying should be handled with the Ag. Commissioner. He discussed no 200 ft. buffer and no future 300 ft. buffer. He noted that the 200 ft. buffer requirements was in the Ag. Element. Commissioner Mooney said there are reasons to separate the processing plant from the orchard. Mr. Sanders explained the buffer requirements. Chairman Lambert said they can not apply something that does not meet the requirements of the Ag. Element or Segregation Ordinance based on possible need for financing. Commissioner Leland said he was not willing to go against the statutes. He said they need to change the statutes. Mr. Sanders said the Commission could continue this for six months and initiate a change to the Ag. Element and Segregation Ordinance. Commissioner Leland said the Ag. Element and Segregation Ord. are in conflict. He questioned if the amendment could be accomplished in six months. Commissioner Mooney said they should deny this request, let it go forward to the Board on appeal, and if they choose, the Board can initiate a Code Amendment, to address the inconsistencies. It was moved by Commissioner Leland, seconded by Commissioner Mooney, and unanimously carried to deny the Use Permit for Thiara Bros. Orchard on AP 024-140-008, finding that Section 24-290 of the County Zoning Ordnance is inconsistent with the Agricultural Element of the General Plan, that Policy 3.4 of the Ag. Element is inconsistent with the Goal of the Ag. Element, and finding that the Commission is compelled to follow Section 24-290 of the Zoning Code. r `: BUTTE COUNTY PLANNING COMMISSIONMINUTES MAY 28, 1998 '> • L Commissioner Leland discussed an agenda item to revisit the Ag. Element questions. Mr. Sanders said in order to take an action to amendment the element, the item would need to be published He said the Commission could initiate the Code Amendment request or ask staff to initiate the action. Chairman Lambert said she would like to see the outcome of this application, if it is appealed to the Board. She said she would like the Board to initiate the Code Amendment. Commissioner Leland requested a discussion item on the next agenda with staff recommended changes to the code. Mr. Price, Ag. Commissioner, said his office is looking at the ag. segregation issues. Commissioner Leland said the Ag. Commissioner's office was the logical place to start. BUTTE COUNTY PLANNING COMMISSION MINUTES MAY 28, 1998 r,f PROJECT SUMMARY \ -FILE #: IIP 98-23 PROJECT TYPE: Use Permit APPLICANT: Thiara Bros. Orchards n - ADDRESS: I � �% �%` ,. s., C' " , cit CA OWNER: Samec13 ADDRESS: f REPRESENTATIVEL Tom Kendall 1 i ADDRESS: PROJECT DESCRIPTION: Use Permit to allow an agricultural segregation for a prune drying complex PROPERTY ZONED: A-40 LOCATED: on the east side of Township Road, approximately 1,500 ft. south of West Evans -Reimer Road at 480 Township Rd. AP#: 024-140-008 TOWN/AREA: Gridley GENERAL PLAN DESIGNATION: Orchard & Field Crops Application complete: March 18, 1998 Amount: $ 1038.00 Receipt #: 16281 2. Continents sent to: Comments received from: 4. Rezone Petition Signatures Checked: Mailing List/Lead-in Sheet: 6. Assigned To: Stephen Betts Environmental Determination: State Clearinghouse No: ategorical Exemption-CEQA# Negative Declaration Mitigation Negative Declaration Subject to Fish & Game: Environmental Impact Report Gen. Rule Ex. -CEQA # 1.5061.(bx3) -_ Other 8. Staff Report: Project Video: 9. Clearinghouse circulation required: Yes Date Sent to SCH: 10. Publication Notice Written: ,�'3 Gf % O Display Ad Prepared: 11. Notices Mailed: - SZ 4-"— / a Number of Notices: 12. Newspaper Publication Date: S �Q " y 13. Planning Commission Hearing(s):!Y-Pilo- Action taken: Special Conditions: Commission Resolution No. 14. Board of Supervisors' Hearing(s): Q' 7 _��y /O �• /� �'x Action taken: Board Resolution No.: Ordinance No: Adopted: 15. Type Use Permit/Send for signature: 16. N.O.E. / N.O.D. / APPENDIX G: Fish & Game Fees Paid: Yes No 17. Send validated Use Permit: MAR 2 1999 18. Assessor's Memo: MAR 2 1999 _. 19. Copy of Use Permit / Variance to Planning Technician: MAR 2 1999 1 EDate 08/12/99 Development Services Departme# Time 8:59 am Applicant Billing Worksheet- UP orksheetUP 98-23 * Thiara Brothers Orchards P.O. Box 385 Live Oak, CA 95953 In reference to Use Permit, AP#024-140-008 Rounding None Full Precision No Last bill / / Last aging Last charge 07/24/98 Last payment / / Amount $0.00. Date/Slip# Description HOURS/RATE AMOUNT 04/06/98 Steve B. / P 6.25 368.75 #16103 Processing 59.00 04/06/98 Teri B. / C 1.25 42.50 #16140 Clerical 34.00 04/06/98 Larry P. / P 1.25 73.75 #16193 Processing 59.00 04/06/98 Steve L. / LR 0.5.0' 29.50 #16287 LAFCo Review 59.00 04/20/98 Steve B. / P 3.00 1.77.00 #16537 Processing 59.00 05/04/98 Steve B. / P 2.75 162.25 #16587 Processing 59.00 05/04/98 Lynn R. / C 1.00 45.00 #16725 Clerical 45.00 05/04/98 Craig S. / P 1.00 59.00 #16.753 Processing 59.00 05/18/98 Lynn R. / C 2.50 112.50 #17045 Clerical 45.00 06/01/98 Lynn R. / C 0.75 33.75 #17168 Clerical 45.00 07/13/98 Teri B. / C 1.00 34.00 #17884 Clerical 34.00 Page 1 TnTA T. Date 08/12/99 Development Services�Department Time 8:59 am Applicant Billing Worksheet UP 98-23 * :Thiara Brothers Orchards (continued) TOTAL BILLABLE TIME CHARGES 21.25 Date/Slip# Description QT /PRICE 05./08/98 Teri B. / $G 1 48.75 #16549 Publish Legal Notice in Gridley 48.75 Herald TOTAL BILLABLE COSTS TOTAL NO CHARGE COSTS TOTAL NEW CHARGES- PAYMENTS/REFUNDS/CREDITS 03/18/98 Deposit - Receipt #16281 08/12/99 Deposit - Receipt #17799 TOTAL PAYMENTS/REFUNDS/CREDITS NEW BALANCE $48.75 (700.00) (438.00). f 1 Page 2 $1,138.00 NOJ CHARGE $0.00 $1,138.00 ($1,138.00) TOTAL NEW BALANCE $0.00 FIRE NOE/NOD RECEIPT 17799 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING t 0 J laRl DQ�aI DATE RECEIPT NO. TOTAL. RECEIVED PUBLIC WORKS LAFCO PLANNING PUBLIC ENV. FIRE NOE/NOD SALES HEALTH F/G FEE OTHER APPLICANT RECEIVED FROM RECEIPT 17799 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING t 0 May 3, 1999 Thiara Brothers Orchards P.O. Box 385 Live Oak, CA 95953 RE: Use Permit, File No. UP 98-23 Ladies & Gentlemen: butte L'o, L A N D O F N A T U R A L W E A L T H A N D B E A U T Y DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES !/ 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530)538-7785 www.buttecounty.net A letter dated March 26, 1999, was mailed to you requesting that you remit a check payable to the Butte County Treasurer in the amount of $438.00 because the costs to process your above -referenced application exceeded your deposit of $1,000.00 by $438.00. We have not yet received payment. Please make a check payable to the Butte_ County Treasurer in the amount of $438.00 and remit it to the Planning Division at 7 County Center Drive, Oroville, California 95965 within 15 calendar days. Should we not receive your final payment, we must turn this account over to Butte County Central Collections. Should you have any questions, please contact Brian Larsen in this office Monday thru Friday, 8:00 a.m. to 4:00 p.m., at 538-7601. Sincerely, 6,'� �4 - '�—' - Z) '_-P 'r, Thomas A. Parilo Director of Development Services TAP:jb Attachment Post -It'"' brand fax transmittal memo 7671 # of pages P- To TO From Co. co. Dept. Phone # 5.3 a _ 6 Fax# "7 5- S Fax#536-07785 j:\docs\refunds\f-notice.wpd c1/ 1: Eatte, County LAND OF NATURAL WEALTH AND BEAUTY rs PLANNING DIVISION ,V' �.-:�;?':.°:. "' ;,'•':: DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 March 26, 1999 Thiara Brothers Orchards P.O. Box 385 Live Oak, CA 95953 RE: Use Permit, File No. UP 98-23 Ladies & Gentlemen: The total cost for the processing of the above -referenced application which was approved by the Board of Supervisors on July 14, 1998, is $1,138.00. The cost exceeded the deposit by $438.00. Please note that charges for the processing of the application are through July 24, 1998, and does not include time -spent on the appeal. You will not be billed for the appeal process. Following is a breakdown: Deposit on 3-18-98, Receipt No. 16281 $1,000.00 Professional Planner $ 796.50 Mapping $ 73.75 Clerical $__267 75 Total $1,138.00 Total Amount Due & Payable $ 438.00 Please make a check payable to the Butte County Treasurer in the amount of $438.00 and remit it to the Department of Development Services, Planning Division at 7 County Center Drive, Oroville, CA 95965 within 30 calendar days. Should you have any questions, please contact Brian Larsen in this office Monday thru Friday, 8:00 a.m. to 4:00 p.m., at 538-7601. Sincerely, kJ�(J wTY Thomas A. Parilo Director of Development Services TAP:jb j:\docs\refunds\BOSdue.wpd EDa'te 03; 25/99 Detopment Services Departmen• Time 1:48 pm Applicant Billing Worksheet UP 98-23 * Thiara Brothers Orchards P.O. Box 385 Live Oak, CA 95953 In reference to Use Permit, AP#024-140-008 Rounding None Full Precision No Last bill / / Last aging Last charge 07/24/98 Last payment / / Amount $0.00 Date/Slip# Description HOURS/RATE AMOUNT .04/06/98 Steve B. / P 6.25 368.75 #16103 Processing 59.00 04/06/98 Teri B. / C 1.25 42.50 #16140 Clerical 34.00 04/06/98 Larry P. / P 1.25 73.75 #16193 Processing 59.00 04/06/98 Steve L. / LR 0.50 29.50 #16287 LAFCo Review 59.00 04/20/98 Steve B. / P 3.00 177.00 #16537 Processing 59.00 05/04/98 Steve B. / P 2.75 162.25 #16587 Processing 59.00 05/04/98 Lynn R. / C 1.00 45.00 #16725 Clerical 45.00 05/04/98 Craig S. / P 1.00 59.00 #16753 Processing 59.00 05/18/98 Lynn R. / C 2.50 112.50 #17045 Clerical 45.00 06/01/98 Lynn R. / C 0.75 33.75 #17168 Clerical 45.00 07/13/98 Teri B. / C 1.00 '34.00 #17884 Clerical 34.00 Page 1 TOTAL Date 03/25/99 Deve0Department o ment Services De � P P Tiipe 1:48 pm Applicant Billing Worksheet UP 98-23 * :Thiara Brothers Orchards (continued) TOTAL BILLABLE TIME CHARGES 21.25 Date/Slip# Description QTY/PRICE 05/08/98 Teri B. / $G 1 #16549 Publish Legal Notice in Gridley 48.75 Herald TOTAL BILLABLE COSTS TOTAL NO CHARGE COSTS TOTAL NEW CHARGES PAYMENTS/REFUNDS/CREDITS 03/18/98 Deposit - Receipt #16281 TOTAL PAYMENTS/REFUNDS/CREDITS NEW BALANCE New Current period TOTAL NEW BALANCE i Page 2 $1,138.00 48.75 NO CHARGE 1 i $0.00 $48.75 , (700.00) 438.00 $1;138.00 ($700.00) $438.00 EDate 07/27/99 DAlopment Services Department Time -2:.10 pm Applicant Billing Worksheet Page 1 TPM 99-10 Thiara Brothers Orchards 1537 Atkinson Court Yuba City, CA 95722 In reference to TPM, AP#024-140-008 Rounding None Full Precision No Last bill / / Last aging Last charge 07/23/99 Last payment / / Amount $0.00 Date/Slip# Description HOURS/RATE AMOUNT TOTAL 03/08/99 Larry P. / P 1.25 73.75 #22133 Processing 59.00 03/08/99 Steve L. / LR 0.25 14.75 #22146 LAFCo Review 59.00 03/08/99 Teri B. / C 2.00 68.00 422244 Clerical 34.00 04/05/99 Steve B. / P 4.00 236.00 #22577 Processing 59.00 07/12/99 David D. / P 5.00 295.00 #24439 Processing 59.00 07/12/99 Lynn R. / C 0.75 33.75 #24591 Clerical 45.00 TOTAL BILLABLE TIME CHARGES 13.25 $721.25 TOTAL BILLABLE COSTS $0.00 TOTAL NEW CHARGES $721.25 PAYMENTS/REFUNDS/CREDITS 03/11/99 Deposit - Receipt #17046 (1,000.00) TOTAL PAYMENTS/REFUNDS/CREDITS ($1,000.00) COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION iCounty Drive oville, CA 95965-3397 I" E�cBio��v JC'vcLC i��viuC� ILS -�l i T4111k -sus- Thiara eS Thiara RPM P.O. Box 385 ESTAGE 309 1 )]4 l• , Live Oak, CA 95953 ` THIA385* 959532172 ib98 22 05/05/99 RETURN TO SENDER i THIARA -PO BOX 3007 YUBA CITY CA 95992-3007 0�rrJit rr1e1rtr1114 Molt�rriirr��rri�rtoflosrii 1 \ j \� / I F 1� � -, Date 07/27/99 Devoopment Services Department Time 2:10 pm Applicant Billing Worksheet Page 2 TPM 99-10 :Thiara Brothers Orchards (continued) NEW BALANCE New Current period (278.75) TOTAL NEW BALANCE ($278.75) Date: July 14, 1998 To: File UP 98-23, Thiara Brothers Orchards From: Tom Parilo, Director Subject: Board direction and discussion regarding UP appeal hearing July 14, 1998 During the appeal hearing it was represented by the Thiara Brothers spokesman, that the puipose of the segregation of the prune drying complex was to trasfer lands to family members as part of an estate. There are in excess of 600 acres of orchard producing lands and the prune drying complex . The drying complex is only used for processing prunes raised on their lands here and in other counties. There are currently 3 primary family members who own the orchard and drying complex. All three family members will share in the ownership of the 7.8 acre prune drying complex. The orchards lands will be owned separately by the three family members. In considering the family's intent, the Board overturned the Planning Commission's denial and approved the Use Permit. The Board did not establish a larger parcel size to accommodate the Agricultural Element buffer requirements, as the orchard and drying complex are owned and operated by family members and the owners indicated that prune drying activities occur during times when spraying does not occur and vice versa. While the Board required consideration of Policy 3.4 of the Agricultural Element, they implied that a management plan be considered as a way to show there would be no conflict created with the drying activities and orchard practices. The Board also included a condition that would impose applicable setbacks when the property is sold to a non -family member. If such setbacks were to be applied, they should only apply to buildings that are actively used and occupied by employees, as opposed to those used for storage. While cumbersome to monitor, their primary position is that the operation is a well-established family -run business where on-going conflicts are minimal or non-existent. They also felt that Policy 3.4 should only apply to lands where ownership changes are more likely during The final issue addressed by the Board was compliance with the minimum parcel size in the Williamson Act contract. This contract establishes a 10 acre minimum. The processing parcel is 7.8 acres. The board did not feel that there is a conflict, as the parcel is already consumed with prune processing facilities, additional facilities could be constructed under the terms of the contract, and it is a shared owned family operation. The Board acknowledged without stating it that a "violation" to the contract would only occur if the parcel were sold or otherwise transferred to a non -family member. The conditions placed on the Use Permit were intended to be flexible. Ultimately these issues would need to be refined or resolved with the parcel map. This memo establishes Board direction and thinking as to this project. I Date 03/25/99 ,Development Services DepaOment Time 1:29 pm Applicant Billing Worksheet APL 98-04 * Thiara Brothers Orchards P.O. Box 3007 Yuba City, CA 95992 In reference to Appeal of Use Permit No. 98-23 Rounding None Full Precision No Last bill / / Last aging Last charge 03/05/99 Last payment / / Amount $0.00 Date/Slip# Description HOURS/RATE 06/01/98 Larry P. / P 0.25 417149 Processing 59.00 06/01/98 Steve B. / P 2.50 #17188 Processing 59.00 06/15/98 Steve B. / P 2.50 #17366 Processing 59.00 06/15/98 Craig S. / P 2.50 #17535 Processing 59.00 06/29/98 Lynn R. / C 1.50 #17688 Clerical 45.00 07/13/98 Lynn R. / C 0.25 #18029 Clerical 45.00 07/13/98 Tom P. / D 3.50 #18059 Director 59.00 02/22/99 Teri B. / C 0.50 #21948 Clerical 34.00 TOTAL BILLABLE TIME CHARGES 10.00 TOTAL DO NOT BILL TIME CHARGES 3..50 AMOUNT 14.75 147.50 147.50 147.50 67.50 11.25 I Page 3 i i TOTAL 206.50 DO NOT BILL 17.00 , $553.00 $206.50 , TOTAL BILLABLE COSTS $0.00 Date 03/25/99 0 Development Services Depakent Time 1:29 pm Applicant Billing Worksheet APL 98-04 * :Thiara Brothers Orchards (continued) TOTAL NEW CHARGES PAYMENTS/REFUNDS/CREDITS 06/04/98 Deposit - Receipt #241729 TOTAL PAYMENTS/REFUNDS/CREDITS NEW BALANCE New Current -period TOTAL NEW BALANCE (50.00) 503.00 Page 4 $553.00 ($50.00) $503.00 i -zQ LAND OF- NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 March 2, 1999 Thiara Bros. Orchards 1537 Atkinson Ct. Yuba City, CA 95993 CERTIFIED MATI. Re: Use Permit, AP 024-140-008 Dear Gentlemen: Enclosed is your validated Use Permit No.98-23 to allow an agricultural segregation for a prune drying complex. Should you have any questions regarding this matter, please contact this office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Thomas A. Parilo Director of Development Services Teri Bridenhagen Office Assistant III Enc. cc: Tom Kendall Land Development Division Building Division Environmental Health Department of Forestry j:\temp\up7 MEMORANDUM PLANNING DEPARTMENT TO: Butte County Assessor's Office FROM: Butte County Planning Department SUBJECT: Thiara Bros. Orchards, 024-140-008 DATE: March 2, 1999 Pursuant to Section 65863.5 of the Government Code, the following parcel identified as 024-140-008, was: Rezone from to zoning district. Granted a variance to A Issued a conditional Use Permti to allow an agricultural segregation for a prune drying complex, located on the east side of Township 'Road, approximately 1,500 ft. south of West Evans -Reimer Road, at 480 Township Rd., A-40 (Agricultural -40 acres). USE PERMIT BUTTE COUNTY BOARD OF SUPERVISORS DATE: (Certified Mail Rec.) UP 98-23 PERMIT NO. 024-140-008 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Tiara Brothers Orchards is hereby granted a Use Permit in accordance with application filed on March 18, 1998 for an agricultural segregation for a 10 -acre agricultural processing parcel and a 50 -acre agricultural parcel in an A-40 zone. Failure to comply with the conditions specified herein as the basis for approvalof application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this Use Permit, all conditions must be completed prior to, or concurrently with, the establishment of the granted use. The use granted by this permit must be established within 24 months of the delivery of the countersigned permit to the Permittee. If any use for which a use permit has been granted is not established within two year of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void. and reapplication and a new permit shall be required to establish the use. 4. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee, Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. Conditions of Approval: If required, the Parcel Map shall include a condition that at the time of sale or transfer to a non -family member, a setback or buffer be imposed pursuant to Policy 3.4 of the Agricultural Element. 2. The agricultural processing parcel shall be found to be consistent with the Williamson Act Agreement. 11 0 Prior to recordation of a final map for the segregation, the applicant shall sign and record a covenant binding upon the original owners and their heirs, successors and assigns, which disallows additional buildings from being located on the agricultural parcel. The covenant shall be in a form approved by County Counsel. 4. No waste from the processing plant shall be discharged into any Reclamation District 2056 canals. 5. Create the parcel in accordance with the provisions of the State Subdivision Map Act and the County Subdivision Ordinance. 6. Applicant must also comply with all other applicable State and local statutes, ordinances and regulations. I hereby declare under penalty of perjury that I have read the foregoing conditions, that they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree, to abide fully by said conditions. Dated: Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Butte County Board of Supervisors Chairman CC: Land Development Division Building Division Environmental Health Department California Department of Forestry Regional Water Quality Control Board Agricultural Commissioners Office Assessor's Office Reclamation District 2056 (c/o Jeff Spence) :r INTER -DEPARTMENTAL MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION To: Honorable Chair and Board of Supervisors From: Development Services Department, Planning Division Subject: Appeal of Denial of a Use Permit for the Thiara Brothers Orchards, File # APL 98-04 Date: June 26, 1998 SUMMARY: This is an appeal of a denial for a Use Permit for the Thiara Brothers Orchards. On May 28, 1998, the Planning Commission voted 4-0 to deny the Thiara Brothers Orchards request for a Use Permit for an agricultural processing segregation. The Planning Commission based its decision to deny the Use Permit on inconsistencies with the Zoning Ordinance, BACKGROUND: The appeal is made pursuant to Butte County Code Section 24-45.30 and is a "de novo" hearing. All applications, papers, maps, exhibits, and staff recommendations presented to the Planning Commission may be considered by the Board in reaching a decision. The primary concern of the Planning Commission was the size of the agricultural processing parcel and the apparent inconsistency between the Zoning Ordinance and the Agricultural Element. Section 24-290.B.5 of the Butte County Code states that the maximum size of an agricultural processing parcel cannot be more than five acres unless additional acreage is required for sewage disposal area. The acreage as stated in the Planning Commission staff report for this project was in error. For this project, the correct size of the processing parcel is 7.7 acres: 5.7 acres for the existing processing facility and an additional two acres for settling ponds for the liquid waste generated by the processing facility. At 5.7 acres, the processing facility exceeds the five -acre maximum parcel size allowed by the Zoning Ordinance. With the adoption of the Agricultural Element, additional requirements were imposed, by policy, for the segregation of processing facilities. Policy 3.4 of the Agricultural Element states, "Continue Agricultural segregations for agricultural processing while requiring an agricultural conservation easement on the remaining land, a vegetation buffer of 6' to 8' at full growth around the processing use, and a 200' setback from the agricultural area." Applied to this request, the 200 -foot buffer would increase the segregated parcel to approximately 13.2 acres, far exceeding the 5 -acre requirement of the zoning ordinance. In addition the buffer area is planted in prune trees which may not be fully maintained if they become part of the segregated parcel. Applied to future segregation requests, the 200' buffer will make it almost impossible for any segregated parcel to meet the 5 -acre maximum. The project site also has a Land Conservation Agreement (LCA or "Williamson Act") on it which has a minimum contract parcel size of ten acres. Approval of this project at 7.7 acres will not meet the minimum parcel size as called for in the contract. An additional 2.3 acres is needed to make the processing plant ten acres in size and, therefore, in compliance with the Land Conservation Agreement on the project site. The Planning Commission recognized the inconsistency between the zoning code and the General Plan and decided that an action to approve the project could not be taken if the project was not consistent with the existing code. The Commission discussed options for resolving this inconsistency but could not come to agreement on initiating either a code amendment or a General Plan amendment. Direction was given to the Agricultural Commissioner to raise this issue with the homesite segregation committee that is being formed. STAFF COMMENTS: It is apparent that the Zoning Ordinance has not been amended to implement the 1995 Agricultural Element. The project, as conditioned could meet the requirements of the Agricultural Element. While this conflict exists, this applicant should not be held to two conflicting standards. The Zoning Ordinance has not yet been brought into conformity with the 1995 General Plan amendment. County Counsel advised staff in an unwritten opion that the Use Permit for the agricultural processing segregation could proceed. All land use decisions must be found to be in conformity with the General Plan. This Use Permit is consistent with the General Plan and should be approved. If approved the Board should direct staff to proceed with the appropriate revisions to the Zoning Ordinance. The minutes of the May 28, 1998 Planning Commission meeting, the Planning Commission staff report, and the Initial Study are included in this package for background information. Exhibit "A", attached, details the findings and action taken by the Planning Commission. RECOMMENDATION: Staff recommends that the Board of Supervisors overturn the Planning Commission's action to deny the Use Pemit and approve the appeal subject to the conditions and findings recommended in the May 28, 1998, Agenda Report to the Planning Commission.for an agricultural processing segregation for the Thiara Brothers Orchards on APN 024-140-008. Attachments: A. May 28, 1998 Planning Commission Minutes B. Agenda Report for May 28, 1998, Planning Commission Meeting C. Initial Study dated April 30, 1998 D. Site Plan K:\PROJECTSITPM\THIARA.TPM\130ARD.MEM EXHIBIT A Appeal of Denial of a Use Permit for the Thiara Brothers Orchards on APN 024-140-008 - File # APL 98-04: Request for a Use Permit to allow an agricultural segregation for a prune drying complex on property zoned A-40 (Agricultural, 40 -acre minimum parcel size), located on the east side of Township Road, approximately 1,500 ft. south of West Evans -Reimer. Road, at 480 Township Rd., Gridley. FINDINGS: Section 1: Environmental Findings. A. An Initial Study was prepared for this project and the requirements of the California Environmental Quality Act have been met; and identified potential significant environmental effects that the project may have. Provisions and the design of the project and the conditions added to the project will mitigate such effects to a level of insignificance; and Section 2: Subdivision Map Act Findings. A. The proposed agricultural segregation is inconsistent with Section 24-290 of the Butte County Code because the processing parcel exceeds five acres in area; and B. Section 24-290 of the Butte County Code is inconsistent with Policy 3.4 of the Butte County General Plan Agricultural Element; and C. Policy 3.4 of the Butte County General Plan Agricultural Element is inconsistent with the Goals of the Agricultural Element for the preservation of agricultural land; and Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this report,. move to deny the appeal of a denial of a Use Permit for the Thiara Brothers Orchards on APN 024-140-008. R California Poional Water Quality ntrol Board LCentral Valley Region Peter M.; Rooney Redding Branch Office SecrhUiry jor Internet Address: http://www.swrcb.ca.gov/--lwgcb5/home.html Environmental 415 Knollcrest Drive, Suite 100, Redding, California 96002 Protection Phone (530) 224-4845 • FAX (530) 224-4857 19 August 1998 Mr. Gary Thiara Thiara Brothers Orchards P.O. Box 3007 Yuba City, CA 95992 �R Ed J. Schnabel Chair NOTICE TENTATIVE WASTE DISCHARGE REQUIREMENTS FOR GURDEV S., SATINDER K., KULDIP S., HARMINDER K., AND SUKHWANT K. THIARA dba THIARA BROTHERS ORCHRRDS BUTTE COUNTY Any comments or recommendations you may have concerning the enclosed tentative order should be submitted to this office by 8 September 1998 in order for us to give them full consideration prior to the meeting of the Regional Board on 11 September 1998. If you have any questions, please call Ann L. Manji at (530) 224-4788. JAMES C. PEDRI Assistant Executive Officer Enclosures - Tentative Order Standard Provisions (Discharger only) Planning Division ALM:djc AUG 2 0 1998 cc+enc: Please see attached list. orovlll®, Califomia California Environmental Protection Agency A Recycled Paper U Mr. Gary Thiara • -2- Thiara 2 -Thiara Brothers Orchards i'cc+enc: Department of Fish and Game, Region 2, Rancho Cordova Department of Health Services, Office of Drinking Water, Redding Department of Water Resources, Northern District, Red Bluff Mr. John Youngerman, Water Resources Control Board, Division of Water Quality, Sacramento Ms. Frances McChesney, Water Resources Control Board, Office of the Chief Counsel, Sacramento Butte County Environmental Health Department, Oroville -Butte_C-.ounty-Planning=Department,-Oroville 19 August 1998 - ._ J CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD CENTRAL VALLEY REGION ORDER NO. WASTE DISCHARGE REQUIREMENTS FOR GURDEV S., SATINDER K., KULDIP S., HARMINDER K., AND SUKHWANT K. THIARA dba THIARA BROTHERS ORCHARDS BUTTE COUNTY The California Regional Water Quality Control Board, Central Valley Region, (hereafter Board) finds that: 1. Gurdev S., Satinder K., Kuldip S., Harminder K., and Sukhwant K. Thiara, dba Thiara Brothers Orchards, (hereafter Discharger) submitted a Report of Waste Discharge, dated 12 May 1998, for discharge of wastewater from prune drying operations. 2. The Discharger owns and operates a prune drying facility (Assessor's Parcel No. 024-140-008) southeast of the intersection of Township Road and West Evans -Reimer Road in Section 18, T17N, R3E, MDB&M, as shown on Attachment A, which is incorporated herein and made part of this Order. The site lies within the Sutter Bypass Hydrologic Area No. 520.30, as depicted on interagency hydrologic maps prepared by the Department of Water Resources in August 1986. Surface water drainage is to Morrison Slough which is tributary to the Sutter Bypass. 3. . The facility is on a 7.7 -acre parcel and includes approximately 12 individual drying kilns and a single wash line. Production is approximately 16,000 dry tons per year. The discharge consists of wastewater from the wash line and is estimated to be up to d 3,000 gallons per day during the harvesting season. The harvesting season is a N, 4- to 6 -week period in August and September. Solids are separated by a screen prior p to discharge. The wastewater treatment facility consists of a 2 -acre disposal area immediately north of the drying facility, as shown on Attachment B, which is incorporated herein and made part of this Order. Soil permeability in the area is high and it has not been necessary to berm the area to prevent runoff to the roadside drainage ditch along Township Road which discharges to Morrison Slough. 4. The facility includes two aboveground petroleum storage tanks for diesel, one approximately 10,000 gallons and the other 8,000 gallons. Currently, neither tank has secondary containment. p 5. The Board adopted a Water Quality Control Plan, Third Edition, for the Sacramento River Basin and the San Joaquin River Basin (hereafter Basin Plan), which designates'. beneficial uses, establishes water quality objectives, and describes an implementation 0 It �i WASTE DISCHARGE REQUIREMENTS THIARA BROTHERS ORCHARDS BUTTE COUNTY program and policies to achieve those objectives for all waters of the Basin. These requirements implement the Basin Plan. 6. The beneficial uses of the Sutter Bypass are agricultural supply; recreation; esthetic enjoyment; groundwater recharge; freshwater replenishment; and preservation and enhancement of fish, wildlife, and other aquatic resources. -2- 7. The beneficial uses of underlying groundwater are domestic, industrial, and agricultural supply. 8. Issuance of this order is exempt from the provisions of the California Environmental Quality Act (Public Resources Code Section 21000, et seq.), in accordance with Section 15301, Title 14, of the California Code of Regulations (CCR). 9. This discharge is exempt from the requirements of Consolidated Regulations for Treatment, Storage, Processing, or Disposal of Solid Waste, as set forth in Title 27, CCR, Division 2, Subdivision 1, Section 20005, et seq., (hereafter Title 27). The exemption, pursuant to Section 20090(b), is based on the following: a. The Board is issuing waste discharge requirements, b. The discharge complies with the Basin Plan, and C. The wastewater does not need to be managed according to 22 CCR, Division 4.5, Chapter 11, as a hazardous waste. 10. The Board has notified the Discharger and interested agencies and persons of its intent to prescribe waste discharge requirements for this discharge and has provided them with an opportunity for a public hearing and an opportunity to submit their written views and recommendations. 11. The Board, in a public meeting, heard and considered all comments pertaining to the discharge. IT IS HEREBY ORDERED that Gurdev S., Satinder K., Kuldip S., Harminder K., and Sukhwant K. Thiara, dba Thiara Brothers Orchards, their agents, successors, and assigns, in order to meet the provisions contained in Division 7 of the California Water Code and regulations adopted thereunder, shall comply with the following: A. Discharge Prohibitions 1. Discharge of wastes to surface waters or surface water drainage courses is prohibited. WASTE DISCHARGE REQUIREMENTS -3- THIARA BROTHERS ORCHARDS BUTTE COUNTY 2. By-pass or overflow of untreated or partially treated waste is prohibited. 3. Discharge of waste classified as 'hazardous,' as defined in Section 2521(a) of Title 23, CCR, Section 2510, et seq., (hereafter Chapter 15), or 'designated,' as defined in Section 13173 of the California Water Code, is prohibited. B. Discharge Specifications 1. Neither the treatment nor the discharge shall cause a nuisance or condition of pollution as defined by the California Water Code, Section 13050. 2. The discharge shall not cause degradation of any water supply. 3. The discharge shall remain within the disposal area at all times. 4. The mean daily dry weather discharge flow shall not exceed 3,000 gallons. C. Sludge Disposal 1. Collected screening, sludges, and other solids. removed from liquid wastes shall be disposed of in a manner that is consistent with Title 27 and approved by the Executive Officer. 2. Any proposed change in sludge use or disposal practice from a previously approved practice shall be reported to the Executive Officer at least 90 days in advance of the change. D. Groundwater Limitation The discharge, in combination with other sources, shall not cause underlying groundwater to contain waste constituents in concentrations statistically greater than background water quality. E. Provisions 1. The Discharger shall comply with Monitoring and Reporting Program No. , which is part of this Order, and any revisions thereto as ordered by the Executive Officer. 2. The Discharger shall comply with the "Standard Provisions and Reporting Requirements for Waste Discharge Requirements," dated 1 March 1991, which are attached hereto and by reference a part of this Order. This attachment and its individual paragraphs are referred to as "Standard Provision(s)." WASTE DISCHARGE REQUIREMENTS THIARA BROTHERS ORCHARDS BUTTE COUNTY 3. The Discharger shall comply with the standards contained in the Health and Safety Code, Chapter 6.67, Aboveground Storage of Petroleum. 4. The Discharger shall report promptly to the Board any material change or proposed change in the character, location, or volume of the discharge. -4- 5. In the event of any change in control or ownership of land or waste discharge facilities presently owned or controlled by the Discharger, the Discharger shall notify the succeeding owner or operator of the existence of this Order by letter, a copy of which shall be immediately forwarded to this office. . 6. The Discharger must comply with all conditions of this Order, including timely submittal of technical and monitoring reports as directed by the Executive Officer. Violations may result in enforcement action, including Regional Board or court orders requiring corrective action or imposing civil monetary liability, or in revision or rescission of this Order. 7. A copy of this Order shall be kept at the discharge facility for reference by operating personnel. Key operating personnel shall be familiar with its contents. 8. The Board will review this Order periodically and will revise requirements when necessary. I, GARY M. CARLTON, Executive Officer, do hereby certify the foregoing is a full, true, and correct copy of an Order adopted by the California Regional Water Quality Control Board, Central Valley Region, on GARY M. CARLTON, Executive Officer ALP:djc 8/19/98 Attachments CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD CENTRAL VALLEY REGION MONITORING AND REPORTING PROGRAM NO. .FOR GURDEV S., SATINDER K., KULDIP S., HARMINDER K., a AND SUKHWANT K. THIARA dba THIARA BROTHERS ORCHARDS BUTTE COUNTY DISPOSAL AREA MONITORING The Discharger shall visually monitor the disposal area daily through the processing season and while. there is a discharge. Observations shall include whether: 1) the wastewater is remaining within the disposal area, 2) there is any sludge buildup, and 3) objectionable odors are present. Notes on field conditions shall be submitted with the monitoring report. REPORTING A monitoring report covering the processing season shall be submitted to the Regional Board by the 15th day following'the end of the processing season. This report shall include the date the processing season starts, the date processing is completed, and the observations recorded for the disposal area. In reporting the monitoring data, the Discharger shall arrange the data in tabular form so that the date and the data are readily discernible. The data shall be summarized in such a manner to illustrate clearly the compliance with waste discharge requirements. The results of any monitoring done more frequently than required at the locations specified in the Monitoring and Reporting Program shall be reported to the Board. Upon written request of the Board, the Discharger shall submit a report discussing the compliance record and the corrective actions taken or planned which may be needed to bring the discharge into full compliance with the waste discharge requirements. The Discharger shall implement the above monitoring program as of the date of this Order. Ordered by: ALM:djc 8/19/98 GARY M. CARLTON, Executive Officer (Date) ATTACHMENT A 0 ATTACHMENT B j Evans Reimer Road --L=--------------------------------- -------- Township Road • 1 • Drainage Ditch I • SP • RR i • • • I • Disposal Area Dipping Building t � � Drying Kilns Wash Line To Morrison Slough Storage Sheds N GURDEV S., SATINDER K., KULDIP S., HARMINDER K., AND SUKHWANT K. THIARA dba THIARA BROTHERS ORCHARDS Schematic Map of Site (not to scale) l INFORMATION SHEET GURDEV S., SATINDER K., KULDIP S., HARMINDER K., AND SUKHWANT K. THIARA, dba THIARA BROTHERS ORCHARDS BUTTE COUNTY The Thiara family owns and operates a prune drying facility at 480 Township Road, 1,500 feet south of Evans -Reimer Road, south of Gridley in Butte County. In the spring of 1998, they applied for a parcel spilt and placed the 7.7 -acre site in the names of five family members with the intent of operating a joint facility. The site is bordered by mature prune orchards., Fruit arriving at the facility is deposited into dipper tanks where it is washed and separated from extraneous material such as twigs, dirt, leaves, and spoiled fruit. Solid waste from the washing and screening operation is land applied to roads on site. The washed fruit is loaded on trays and passed through one of approximately 12 drying kilns. Air, heated by natural gas, is passed over the trays with drying time being approximately 18 hours. Production is approximately 16,000 dry tons per year. Up to 3,000 gallons per day of tray and fruit wash water is discharged to a 2 -acre area immediately north of the drying facility. Soil permeability is high and it has not been. necessary to berm the area to prevent runoff to the roadside drainage ditch on Township Road to the west of the site. This ditch is tributary to Morrison Slough which is tributary to the Sutter Bypass. There are two petroleum storage tanks on site containing diesel. One is approximately 10,000 gallons and the other is 8,000 gallons. Neither tank has secondary containment at this time. ALM:djc 8/19/98 Jul -14-98 03:21P BUTTE COUNTY ADMIN 530 53B 7120 P_O1 r _ SECTION 1: ENVIRONMENTAL FINDINGS A. AN INITIAL STUDY WAS COMPLETED IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IDENTIFYING POTENTIALLY SIGNIFICANT ENVIRONMENTAL EFFECTS THAT THE PROJECT MAY HAVE. PROVISIONS AND THE DESIGN OF THE PROJECT AND THE CONDITIONS ADDED TO THE PROJECT WILL MITIGATE SUCH EFFECTS TO A LEVEL OF INSIGNIFICANCE; B. THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND WILDLIFE OR THEIR HABITAT, AND A DE MINIMUS EXEMPTION TO THE COLLECTION OF DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEES IS RECOMMENDED; AND C. THE BOARD OF SUPERVISORS HAS INDEPENDENTLY REVIEW,..ANALYZED, AND CONSIDERED THE PROPOSED NEGATIVE DECLARATION WITH MITIGATION MEASURES PRIOR TO MAKING ITS DECISION ON THE PROJECT:AND THE NEGATIVE DECLARATION REFLECTS THE INDEPENDENT JUDGEMENT OF BUTTE COUNTY; AND SECTION 2: ZONING ORDINANCE AND GENERAL PLAN FINDINGS A. THE PROPOSED USE OF THE PROPERTY WILL NOT IMPAIR THE INTEGRITY AND CHARACTER OF THE ZONE IN WHICH THE LAND LIES AND THAT THE USE WOULD NOT BE UNREASONABLY INCOMPATIBLE WITH, OR INJURIOUS TO, SURROUNDING PROPERTY, OR DETRIMENTAL TO THE HEALTH, SAFETY AND GENERAL WELFARE OF THE PERSONS RESIDING OR WORKING IN THE NEIGHBORHOOD, OR TO THE GENERAL HEALTH, WELFARE, AND SAFETY OF THE COUNTY BECAUSE: APPROVAL OF THIS PROJECT WILL NOT CAUSE ANY SIGNIFICANT NEGATIVE IMPACTS BECAUSE: A. THE AGRICULTURAL PROCESSING PLANT ALREADY EXISTS AND IS ALLOWED BY RIGHT 1N THE A-40 ZONE; AND e. UNDER THE CURRENT ZONING THE PRUNE DRYING PLANT COULD BE EXPANDED TO ANY SIZE; AND C. NO ADDITIONAL STRUCTURES WILL BE ALLOWED TO BE PLACED Olv THE AGRICULTURAL PARCEL, THUS PRESERVING PRIME AGRICULTURAL LAND; AND D. APPROVING AN AGRICULTURAL PROCESSING PARCEL WILL NOT CAUSE A LOSS OF PRIME AGRICULTURAL LAND. Jul -14-98 03:21P BUTTE COUNTY ADMIN 530 538 7120 P.02 • 0 +I I 2. THE PROPOSED PROJECT IS CONDITIONALLY CONSISTENT WITH THE A40 ZONE WITH A USE PERMIT AND IS A PRIMARY USE UNDER THE ORCHARD AND FIELD CROPS GENERAL PLAN LAND USE DESIGNATION; AND 3. THAT THE PROPOSED PROJECT AS CONDITIONED ACCOMPLISHES THE BUFFER AREAS CONTAINED IN POLICY 3.4 OF THE AGRICULTURAL ELEMENT. SECTION 3: ACTION A. SUBJECT TO THE FINDINGS INDICATED IN SECTIONS 1 AND 2 OF THIS REPORT, MOVE TO APPROVE THE USE PERMIT FOR THIARA BROTHERS ORCHARDS ON APN 024-140-008 TO ALLOW A SEGREGATION FOR CREATION OF AN AGRICULTURAL PROCESSING PARCEL AND A REMAINING AGRICULTURAL PARCEL IN AN A-40 ZONE. APPROVAL IS SUBJECT TO THE CONDITIONS IN EXHIBIT "A" ATTACHED. Jul -14-98 03:21P BUTTE COUNTY ADMIN 0 EXHIBIT A USE PERMIT 530 538 7120 P_03 • Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Thiara Brothers Orchards is hereby granted a Use Permit in accordance with application filed on March 18, 1998 for an agricultural segregation for an agricultural processing parcel and a remaining agricultural parcel in an A-40 zone. FAILURE TO COMPLY WITH THE CONDITIONS SPECIFIED HEREIN AS THE BASIS FOR APPROVAL OF APPLICATION AND ISSUANCE OF PERMIT, CONSTITUTES CUASE FOR THE REVOCATION OF SAID PERMIT IN ACCORDANCE WITH THE PROCEDURES SET FOR IN THE BUTTE COUNTY ZONING ORDINANCE, INCLUDING BUTTE COUNTY CODE SECTION 24-45.65. 2. UNLESS OTHERWISE PROVIDED FOR IN A SPECIAL CONDITION TO THIS USE PERMIT, ALL CONDITIONS MUST BE COMPLETED PRIOR TO, OR CONCURRENTLY WITH, THE ESTABLISHMENT OF THE GRANTED USE. THE USE GRANTED BY THIS PERMIT MUST BE ESTABLTSHED WITHIN 24 MONTHS OF THE DELIVERY OF THE COUNTERSIGNED PERMIT TO THE PERMITTEE. 3. IF ANY USE FOR WHICH A PERMIT HAS BEEN GRANTED IN NOT ESTABLISHED WITHIN TWO YEARS OF THE DATE OF RECEIPT OF THE COUNTERSIGNED PERMIT BY THE PERMITTEE, THE PERMIT SHALL BECOME NULL AND VOID AND REAPPLICAITON AND A NEW PERMIT SHALL BE REQURIED TO ESTABLISH THE USE. 4. THE TERMS AND CONDITIONS OF THIS PERMIT SHALL RUN WITH THE LAND AND SHALL BE BINDING UPON AND BE TO THE BENEFIT OF THE HEIRS, LEGAL REPRESENTATIVES, SUCCESSORS, AND ASSIGNS OF THE PERMTTTEE. MINOR CHANGES MAY BE APPROVED ADMINISTRATIVELY BY THE DIRECTOR OF DEVELOPMENT SERVICES, ENVIRONMENTAL HEALTH, OR PUBLIC WORKS UPON RECEIPT OF A SUBSTANTIATED WRITTEN REQUEST BY THE APPLICANT, OR THEIR RESPECTIVE DESIGNEE, PRIOR TO SUCH APPROVAL, VERIFICATION SHALL BE MADE BY EACH DEPARTMENT OR DIVISION THAT THE MODIFICATION IS CONSISTENT WITH THE APPLICATION, FEES, PAID AND ENVIRONMENTAL DETERMINATION AS CONITIONALLY APPROVED. CHANGES DEEMED TO BE MAJOR OR SIGNIFICANT IN NATURE SHALL REQUIRE A FORMAL APPLICATION FOR AMENDMENT. CONDITIONS OF APPROVAL: IF REQUIRED, THE PARCEL MAP SHALL INCLUDE A CONDITION THAT AT THE TIME OF SALE OR TRANSFER TO A NON -FAMILY MEMBER, A SETBACK OR BUFFER BE IMPOSED PURSUANT TO POLICY 3.4 OF THE AGRICULTURAL ELEMENT. I Jul -14-98 03:21P BUTTE COUNTY ADMIN 530 538 7120 P_04 2. THE AGRICULTURAL PROCESSING PARCEL SHALL BE FOUND TO BE CONSISTENT WIT11 THE WILLIAMSON ACT AGREEMENT. 3. PRIOR TO RECORDATION OF A FINAL MAP FOR THE SEGREGATION, THE APPLICANT SHALL SIGN AND RECORD A COVENANT BINDING UPON THE ORIGINAL OWNERS AND THEIR HEIRS, SUCCESSORS AND ASSIGNS, WHICH DISALLOWS ADDITIONAL BUILDINGS FROM BEING LOCATED ON THE AGRICULTURAL PARCEL. THE COVENANT SHALL BE IN THE FORM APPROVED BY COUNTY COUNSEL. 4. NO WASTE FROM THE PROCESSING PLANT SHALL BE DISCHARGED INTO ANY RECLAMATION DISTRICT 2056 CANALS. CREATE THE PARCEL IN ACCORDANCE WITH THE PROVISIONS OF THE STATE SUBDIVISION MAP ACT AND THE COUNTY SUBDIVISION ORDINANCE. 6. APPLICANT MUST ALSO COMPLY WITH ALL OTHER APPLICABLE STATE AND LOCAL STATUTES, ORDINANCES AND REGULATIONS. AGENDA ITEM 5.01 INTER -DEPARTMENTAL MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION To: Honorable Chair and Board of Supervisors From: Development Services Department, Planning Division Subject: Amended motions for Thiara Brothers Orchards appeal, File # APL 98-04 Date: July 13, 1998 SUMMARY: Below are two alternative motions for action on the appeal of the Planning Commission denial of the Use Permit for the Thiara Brothers Orchards. Motion "A" reflects the action and findings taken by the Planning Commission on May 28, 1998. Motion `B" is the recommendation from staff which is different from that of the Planning Commission. MOTION "A" FINDINGS: Section 1: Environmental Findings. A. An Initial Study was prepared for this project and the requirements of the California Environmental Quality Act have been met; and identified potential significant environmental effects that the project may have. Provisions and the design of the project and the conditions added to the project will mitigate such effects to a level of insignificance; and Section 2: Subdivision Map Act Findings. A. The proposed agricultural segregation is inconsistent with Section 24-290 of the Butte County Code because the processing parcel exceeds five acres in area; and I B. Section 24-290 of the Butte County Code is inconsistent with Policy 3.4 of the Butte County General Plan Agricultural Element; and C. Policy 3.4 of the Butte County General Plan Agricultural Element is inconsistent with the Goals of the Agricultural Element for the preservation of agricultural land; and Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this report, move to deny the appeal of a denial of a Use Permit for the Thiara Brothers Orchards on APN 024-140-008. 1 MOTION "B" Section 1: Environmental Findings. A. An Initial Study was completed in compliance with the California Environmental Quality Act identifying potentially significant environmental effects that the project may have. Provisions and the design of the project and the conditions added to the project will mitigate such effects to a level of insignificance; and B. The design of the proposed project improvements will not cause environmental damage to fish and wildlife or their habitat, and a de minimus exemption to the collection of Department of Fish and Game Environmental Filing Fees is recommended; and C. The Planning Commission has independently reviewed, analyzed, and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, and the Negative Declaration reflects the independent judgement of Butte County; and Section 2: Zoning Ordinance Findings. A. The proposed use of the property will not impair the integrity and character of the zone in which the land lies and that the use would not be unreasonably incompatible with, or injurious to, surrounding property, or detrimental to the health, safety and general welfare of the persons residing or working in the neighborhood, or to the general health, welfare and safety of the County because: 1. Approval of this project will not cause any significant negative impacts because: a. The agricultural processing plant already exists and is allowed by right in the A-40 zone; and b. Under the current zoning the prune drying plant could be expanded to any size; and C. No additional structures will be allowed to be placed on the approximately 46.8 acre agricultural parcel, thus preserving prime agricultural land; and d. Approving an agricultural processing parcel of approximately 13.2 acres will not cause a loss of prime agricultural land and is consistent with the Williamson Act contract for the property; and 2. The proposed project is conditionally consistent with the A-40 zone with a Use Permit and is a Primary Use under the Orchard and Field Crops General Plan land use designation; and Section 3: Action A. Subject to the findings indicated in Sections 1 and 2 of this report, move to approve the Use Permit for Thiara Bros. Orchards on APN 024-140-008 to allow an agricultural segregation for a 10 -acre agricultural processing parcel and a 50 -acre agricultural parcel in an A-40 zone. Approval shall be subject to the conditions in Exhibit "A" attached. K:\PROJECTS\UPC\THIARA.UP\REVISEDB.MEM 3 EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION �J DATE: (Certified Mail Rec.) UP 98-23 PERMIT NO. 024-140-008 I ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Thiara Brothers Orchards is hereby granted a Use Permit in accordance with application filed on March 18, 1998 for an agricultural segregation for a 13.2 acre agricultural processing parcel and a 46.8 acre agricultural parcel in an A-40 zone. r Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this Use Permit, all conditions must be completed prior to, or concurrently with, the establishment of the granted use. The use granted by this permit must be established within 24 months of the delivery of the countersigned permit to the Permittee. 3. If any use for which a use permit has been granted is not established within two year of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. 4. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. 5. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee, Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. Conditions of Approval: El ,f. , The segregated parcel shall have a 200 foot building setback around the processing facility. The setback area shall contain a vegetation buffer 6' to 8' in height at full growth. Prior to recordation of the final map, a plan shall be submitted to the Planning Division detailing the location of the vegetation, the type of vegetation, and a plan for perpetual maintenance of the vegetation buffer. (MM) 2. The agricultural processing parcel shall be at least ten (10) acres in size. 3. Prior to recordation of a final map for the segregation, the applicant shall sign and record a covenant binding upon the original owners and their heirs, successors and assigns, which disallows additional buildings from being located on the agricultural parcel. The covenant shall be in a form approved by County Counsel. 4. Meet the requirements of the State of California Regional Water Quality Control Board. 5. No waste from the processing plant shall be discharged into any Reclamation District 2056 canals. 6. Create the parcel in accordance with the provisions of the State Subdivision Map Act and the County Subdivision Ordinance. 7. Applicant must also comply with all other applicable State and local statutes, ordinances and regulations. I hereby declare under penalty of perjury that I have read the foregoing conditions, that they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Dated: Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Butte County Board of Supervisors Chairman CC: Land Development Division Building Division Environmental Health Department California Department of Forestry Regional Water Quality Control Board Agricultural Commissioners Office Assessor's Office Reclamation District 2056 (c/o Jeff Spence) 4i TOM KENDALL -Land Surveying P.O. Box 11 s. Meadow Vista. CA 93722 3020 Industrial Dr,#B Res. (916) 878-0861 Yuba City, CA 95993 Bus. (916)673 79L 779 Dater_ Tyne 19,1998 T o : rpt _ of Development Se-nvices _ 7 -County Center Drive -'96606 Job No. Thiara Bros. - Use Permit Job Name Attention, -stA�;P Rc,i i G P1 anncr APL, 98-04 We are sending. herewith the followings M -Prints ❑ Invoice ❑ Reproducibhea �1 ❑ Submittals Per your request ❑ Property Desdriptios As listed below n for Q' Approval . � Distributi Review o n Your use ❑ Resubmittal . Cl Payment Copies Dated 5 Rey- JunW98 1 Remarks,' escr 11"X17" sheets of 18' X 26" sheet of Plan�i DIVisi011. JUN 2 21998 ®rovllle, California for Use Permit #98-04 for Use Permit #98-04 TOM KENDALL - Land Surveyjn g By s ,�3utte C LAND OF NATURAL WEALTH AND BEAUTY June 11, 1998 Thiara Bros. Orchard P.O. Box 385 Live Oak, CA 95953 Re: Use Permit, AP 024-140-008, APL 98-04 REVISED LETTER Gentlemen: PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 The Clerk of the Board of Supervisors set a public hearing date for July 14, 1998, at 10:00 a.m., to consider your appeal of the Planning Commission's denial of a Use Permit to allow an agricultural segregation for a prune drying complex. The meeting will be held in the Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville. Should you have any questions regarding this matter, please contact Stephen Betts at this Office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Administrative Support Service Assistant /Ir June 9, 1998 Thiara Bros. Orchard P.O. Box 385 Live Oak, C -A 95953 PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 Re: Use Permit, AP 024-140-008, APL 98-04 Gentlemen: The Clerk of the Board of Supervisors set public hearing for July 14, 1998, at 10:15 a.m. to consider your appeal of the Planning Commission's denial of a Use Permit to allow an agricultural segregation for a prune drying complex. 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 Betts at this office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Administrative Support Service Assistant /Ir cc: Tom Kendall AND BEAU T-Y June 9, 1998 Thiara Bros. Orchard P.O. Box 385 Live Oak, C -A 95953 PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 Re: Use Permit, AP 024-140-008, APL 98-04 Gentlemen: The Clerk of the Board of Supervisors set public hearing for July 14, 1998, at 10:15 a.m. to consider your appeal of the Planning Commission's denial of a Use Permit to allow an agricultural segregation for a prune drying complex. 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 Betts at this office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Administrative Support Service Assistant /Ir cc: Tom Kendall June 4, 1998 0 • THIARA BROTHERS ORCHARDS P.O. Box 3007 Yuba City, CA 95992 Clerk of the Board of Supervisors 25 County Center Drive Oroville, CA 95966 Re: Use Permit. AP 024-140-008. UP 98-23 Dear Sirs: This letter is to serve as written notice that we wish to appeal the Planning Commission decision regarding the above mentioned use permit. Our request for appeal stems from our need to operate our existing Prune Drying Facility on our existing site. Our family is in the process of estate planning and we need to create a separate parcel for the Drying Facility. In doing so, we must make certain that the parcel be large enough to contain the entire facility. Sincere G iara Ravi Thiara Planning Divisi®n J U N 0 5 1990 Orville, Calwomib. GC; �t✓c foPmsi, � SGie(/��fs �P/q�n��'r� ��y/GB COUNTY OF BUTTE OFFICIAL RECEIPT OF .ICE OR DEPARTMENT ISSUING RECEIPT Received from The um of Received: . Received By CASH Title CHECK.jd By1 DAVCO BUSINESS -ORMS • (816) 743-8511 - t,�.,)_ 4.. � 5 � -��y v!.�y';., �'� =� �.` y 'S.- •if.a ..Ct{'1. . j,.i4i. ;.�.. .. O F } •4 �a . - _�., u e oun LAND OF NATURAL WEALTH AND• BEAUTY _ OFFICES OF AGRICULTURAL COMMISSIONER WEIGHTS AND MEASURES WATER DIVISION 316 NELSON AVENUE • OROVILLE, CALIFORNIA 95965-3318 AGRICULTURAL DEPT: (530) 538-7381 • WATER: (530) 538-6265 FAX: (530) 538-7594 RICHARD B. PRICE LOUIE B. MENDOZA, JR. Agricultural Commissioner Assistant Agricultural Commissioner/ Director of Weights and Measures/ Weights and Measures/Water Division Water Division Date: May 26, 1998 To: Tom Pardo, Director of Development Services From: Richard Price, Agricultural Commissioner /60 Subject: Comments on Thiara Bros. Orchards, Development Application This application would create a agricultural processing segregation that would require, under the Agricultural Element provisions, a 200 foot buffer from the facility to existing agricultural uses and also require the establishment of a 6-8 foot buffer of vegetation. The current use, as it exist, is exempt from these provisions. However, the creation of new agricultural site segregation for processing, requires the new development to adopt these new standards. This office recognizes the possibility of the loss of orchard production due to the implementation of these requirements, but supports the intent of the Agricultural Element to provide a buffer between incompatible uses and agricultural practices. PROOF OF 0 PUBLICATION No. In the Matter of Public hearing 5/28/98 Thiara Bros.Orchards UP 98-23 State of California) County of Butte & Sutter) ss The undersigned resident of the County of Butte, State of California, says: That I am, and at all time herein mentioned was a citizen of the United States and not a party to nor interested in the above entitled matter; that I am the principal clerk of the printer and publisher of: The Gridley Herald That said newspaper is one of general circulation as defined by Section 6000 Government Code of the State of California, Case No. 27,207 by the Superior Court of the State of California, in and for the County of Butte & Sutter; that said newspaper at all times herein mentioned was printed and published twice a week (on Wednesdays and Fridays in the City of Gridley and County of Butte; that the notice of which the annexed is a true printed copy, was published in said newspaper on the following days: May 8, 1998 I certify (or declare), under penalty of perjury, that the foregoing is true and correct, at Gridley, California. Dated May 12, 1998 at Gridley, California —7-n CBA��_- - (Signature) p—`4clia rb 00 8% emb�0ot�s_ or o Yat g Intoissues�nd or -in fi pdoSERV►CFg ,� Attn: Steve Betts Butte County Pla ndr Departtmmt of Develgpumt Services 7 Cmmty Crater Dr. Orville, CA 95965 From: TM KFT1EALL * EAND 9URVEMC 3020 Irxlustrial Dr. Y-,iba tatty, CA 95993 rm ('530) 673-3290 (2) page re{xaT Re: Thiara Bros. Use Pewit application 05/20/98 12:06 � 51� ti __ 8 310 649 2536 J Amentler Photo P.02 I- 513 - - - - - - - - -• n 5'8172 .356 , E 4CS35 _856 INV SW 27.1237 205.499 J ••518 - - - - - - - - - N 57989.5-98, E 4C441.930 INV SW 84.5806 392.985 m 523 - - - - - - - - - tai 57555._31. E 40050.460 ' a INV 14W 0.292- SO4.954 524 - - - - - - - - - N 58460.067, E 400:6.149 INV NZ 88.:042 4a4.65a 495 - - - - - - - - - N 58475.473, E 40530.562 AREA = 230636.1 S.F . , 5.295 ACRES - A4 -f. %/ 7rrir/ rCi%TiHa o .c a L 455 - - - - - - - - - N 58475.473, E 40530..5c2 :NV Sr 1.0029 303.:64 N -58172.356, E 40535.856 a !KV Sc 1.0029 174.241 e a 525 - - - - - - - - - N 57598.-42, E 40538.962 INV 5;8 SW 84.580697.407. - - - - N 57989.598, E 40441.930 INV SW 84.5806 392.985 523 - - - - - - - - - N 57555.=31, E 40050.460 INV NW 0.2921 504.954 $24 - - - - - - - - - N 53460.067, E 40046.1:.5 =NV NE 88.1042 434.658 10 395 - - - - - - - - - N 58475.473. E 40530.562 M to N AREA = 2139101.3 S.P., :..885 ACRES /4466, r o r.?c ,Cc^.✓=e' AC, a ,o hr t E Co 2. ?� 495 - - - - - - - - - ;a 55475 .473 , E 40530 .56? PA -9--, = m =NV SE 1 OC25. 477.405 �2.5 - - - - - - - - - .4 57958.:42, E 40538.962 [d INv Sw c4 .580E 523.495 5--9 - - - - - - - - - \• 57952.227, c 40 7.4433 INN NW 3.2755 506.276 > p . 015 f s7 520 - -&a- ;0.427 - - - `c , c 40013.9-7t584e8-4d� 400t3.3 I NV NE x18--63108 5'21 7.4&9 1 Q 495 - - - - - - - - - N 58475.473, E 40530.562 N AREA = 255602.8 5 .F . , 5.868 .AC.3f5 >'r -OCA X42 6A , Wcc .A; ria au o. m `m 524 - - - - - - - - - N 58460.067, E 40046.:49 N INV SE 0.2921 504.951 to $23 - - - - - - - - - N 57955.131, E 40050.460 m INV SW 84.5605 33.104 519 - - - - - - - - - N 57952.227, E 40017.483 :NV NW 0.2755 506.276 520 - - - - - - - - - N 58458.457, E 40013.372 ?NV NE 87.1322 32.815 524 - - - - - - - - - N 58460.067, E 40036.149 AREA = 1663_.8 S. . , 0.382 ACRES f,QEs? /+v w ?sae f' a:,r;,de 7F e,wtS> SAVED COORDI;vATE F_LE NAMED 96006.000 Fci�c Lr�/E I- '' ,quite Co LAND OF NATURAL WEALTH AND BEAUTY May.21, 1998 Thiara Bros. Orchards P.O. Box 385 Live Oak, CA 95953 Re: Use Permit, AP 024-140-008, UP 98-23 Dear Gentlemen: PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 Enclosed is a copy of the Agenda Report concerning your application for a Use Permit to allow an agricultural segregation for a prune drying complex on the east side of Township Road, approximately 1,500 ft. south of West Evans -Reimer Road, at 480 Township Rd., Gridley. 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 May 28, 1998, 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 Betts of this office at 538-7601, between 8:00 a. in. and 4:00 p.m., Monday through Thursday. Sincerely, _e X xc�let,� Lynn Richardson Planning/Administrative Support Service Assistant Enc. cc: Tom Kendall j:\wpdocs\pclts\schedule. mrg I _/Z 7 _ /� /41slr • • EVAN • ffv,*. 1, I Irowo ,• �� r1 .vdad �` I ltt7sw• , , • • • • gyrror ' �,...r !7. 43 A& lk , ( � UaE JxrPn�s-3 SAD >!!1.••wrt RA �I alp ' 1 1 . .PbN on%sS'fEb! 1 PROSED L/(u: .' "•, :- VICINITY A I ;-ya :. `` • 1 . I 1 I I. I I .f I f I (Comm. B+dc R) DENYDRR lb R (CONE• BLOCK; ! �nBLOCR)S ,t I DENYORATO R DrNYpore ru R rare.so' Pwwwa i - ...r,...1.�ww,...wa „' I ALL MssE7flt I STDwo4of BNED rw.,ww.v�waa••>w•wr•.••�IwwMw+ � I I M ALL M67i9L � ••' ! S'r V JSURA6E SHED s '••';� .• ri I LN/NG EOUIOMrIrT � •' r7. E .• �� i� (�•1 i i f � /• ; (•'V .•;� .[. •..1. i 1�1 . 1 � i �+� . V� � ... � �^•� �''l 1 ; �'� ((h� ((''1 �• .; •1 r. 7VTAL ACREAGE CIW,NlwL S70•RII �� •.+ww ' 'O'' a V. 00AC•(640.W) *.a•�L� 44 Z.50' — 1 y CNA/N LINKF[f IY•S' / I e•.Ivrruw jE=,"sBLDG. ri alar lee!) Osf OF GRAVEL � (Comm. B+dc R) DENYDRR lb R (CONE• BLOCK; ! �nBLOCR)S ,t I DENYORATO R DrNYpore ru R rare.so' Pwwwa i - ...r,...1.�ww,...wa „' I ALL MssE7flt I STDwo4of BNED rw.,ww.v�waa••>w•wr•.••�IwwMw+ � I I M ALL M67i9L � ••' ! S'r V JSURA6E SHED s '••';� .• ri I LN/NG EOUIOMrIrT � •' r7. E .• � i b i:, GILL /NEroL 7VTAL ACREAGE CIW,NlwL S70•RII �� •.+ww ' 'O'' a V. 00AC•(640.W) *.a•�L� r — 1 y I e•.Ivrruw jE=,"sBLDG. ri alar lee!) aivwntrD rwwe•s atrotrstLe swoon a•o.s' I - a•e.sa' RREH OF EX/ST/NC i 1, f%9C/L/7'Y l5.3 K EC�woss) J (Comm. B+dc R) DENYDRR lb R (CONE• BLOCK; ! �nBLOCR)S ,t I DENYORATO R DrNYpore ru R rare.so' Pwwwa i - ...r,...1.�ww,...wa „' I ALL MssE7flt I STDwo4of BNED rw.,ww.v�waa••>w•wr•.••�IwwMw+ � I I M ALL M67i9L � ••' ! S'r V JSURA6E SHED s '••';� .• ri I . wtL MrrAL REST �abol�a S7bRA•r fore D/PlK!!rD /wRfMf •. O• A71� EI�UI/,} 0cw/e. j •.1 r1�II1'JYO ,'a �• Nri' •' 'r 1� C. ar 7( ss�wo- [uric.N•rr• LbMstr c WArg . writ F •�- : 3j� .i r- �W1 ALL #7 rwL .. M , I,i r: �'t:•::: 91c,"P NOUSs +1V O pfN Lr19N-7'» ion 60 _ -- Clww-vo•r):� 0 ALL me7„L i I I ALL UN/MppOVEO FAR/H RMO ,—" Ssrrwwas sl.ro ALL meml. y '"e"t 7 1 O _•'; , 4 rl-•• I I ,SNeP I i $7bRw if ` �' • SAW ^ .c 6 /prLe -, , - — - _ �;♦ �I'�,•,'-,� ~AD/rr. A' to �� of sssaw•e (rNr U)re) Q ...- 39�. i�� _--- 319. 30' ,•�•: • . - •. •_A!`O. • � til • I i � I !��(1 COrtrKR T[gaall • Land -wv" ns sm Tnda•tal brim, 0(d trA D yum ally. Co. "m Ph. M -Ms • • • ' •' PRC MSBD USE - - LEGP.ND FOR '.THE .FUMRF_'ZXPmY j j0tf -1 • eTC ext Of ewop 370verelme OF JWf CX15T•M.'PRt11yE' DRY/NG • • • ! • OR SLA9FfICIL/T/fS �--•-•• . PEN[f L//YC ♦.. 7£tfPlp/!C RILE EX/3TlN6 BUILOIN6 ♦ R�WIR POL�00 • ---- • •6DUNDARY Of TiW'Ai j Division MAR 18 1998 Oroviile, California 1 • . W-PIRPnr sur A TOPOGRAPHIC MAP OWNERS OF RECORD ^ .' 7 7.''Ae. (G�vss) et S. Wan er L Man. 1/3 int (7.3±/IC-X.Nr7) TO ACCOMPANY A USE PERMIT APPLICATION [a1d1p B. TWare and Barmlnder L Mass. 1/5 int PREPARED FOR THIARA BROS. -ORCHARDS Onrdlal 0. TW&n *ad Bakhwmt L Thiara, Famay Trn.t, 1/0 Int. BEING A PORTION OF THE N.W. 1/4 OF SECTION 18, T.19N..R.9E.,M.D.B.& M. MAA" B ADDRESS ApN• Z PORTION OF COUNTY OF BRITS • STATE or CAWoRNiA P.0.802 385 11"Oak. Ca. -�-08 BCAU.- 1•= 40' • NOVEMBER. 1090 %s @ 48 7VWNSN/P ROAD ASSESSOR'S PARCEL NO.Pr4-140-000 COGR/OLEY, CA. (•a a. •nae re+(e REV. P/OVEMBeA. 1997 ,m LN/NG EOUIOMrIrT � •' r7. Ovwwrnn !T !ML ..,Al I i:, GILL /NEroL . wtL MrrAL REST �abol�a S7bRA•r fore D/PlK!!rD /wRfMf •. O• A71� EI�UI/,} 0cw/e. j •.1 r1�II1'JYO ,'a �• Nri' •' 'r 1� C. ar 7( ss�wo- [uric.N•rr• LbMstr c WArg . writ F •�- : 3j� .i r- �W1 ALL #7 rwL .. M , I,i r: �'t:•::: 91c,"P NOUSs +1V O pfN Lr19N-7'» ion 60 _ -- Clww-vo•r):� 0 ALL me7„L i I I ALL UN/MppOVEO FAR/H RMO ,—" Ssrrwwas sl.ro ALL meml. y '"e"t 7 1 O _•'; , 4 rl-•• I I ,SNeP I i $7bRw if ` �' • SAW ^ .c 6 /prLe -, , - — - _ �;♦ �I'�,•,'-,� ~AD/rr. A' to �� of sssaw•e (rNr U)re) Q ...- 39�. i�� _--- 319. 30' ,•�•: • . - •. •_A!`O. • � til • I i � I !��(1 COrtrKR T[gaall • Land -wv" ns sm Tnda•tal brim, 0(d trA D yum ally. Co. "m Ph. M -Ms • • • ' •' PRC MSBD USE - - LEGP.ND FOR '.THE .FUMRF_'ZXPmY j j0tf -1 • eTC ext Of ewop 370verelme OF JWf CX15T•M.'PRt11yE' DRY/NG • • • ! • OR SLA9FfICIL/T/fS �--•-•• . PEN[f L//YC ♦.. 7£tfPlp/!C RILE EX/3TlN6 BUILOIN6 ♦ R�WIR POL�00 • ---- • •6DUNDARY Of TiW'Ai j Division MAR 18 1998 Oroviile, California 1 • . W-PIRPnr sur A TOPOGRAPHIC MAP OWNERS OF RECORD ^ .' 7 7.''Ae. (G�vss) et S. Wan er L Man. 1/3 int (7.3±/IC-X.Nr7) TO ACCOMPANY A USE PERMIT APPLICATION [a1d1p B. TWare and Barmlnder L Mass. 1/5 int PREPARED FOR THIARA BROS. -ORCHARDS Onrdlal 0. TW&n *ad Bakhwmt L Thiara, Famay Trn.t, 1/0 Int. BEING A PORTION OF THE N.W. 1/4 OF SECTION 18, T.19N..R.9E.,M.D.B.& M. MAA" B ADDRESS ApN• Z PORTION OF COUNTY OF BRITS • STATE or CAWoRNiA P.0.802 385 11"Oak. Ca. -�-08 BCAU.- 1•= 40' • NOVEMBER. 1090 %s @ 48 7VWNSN/P ROAD ASSESSOR'S PARCEL NO.Pr4-140-000 COGR/OLEY, CA. (•a a. •nae re+(e REV. P/OVEMBeA. 1997 ,m 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, May 28, 1998, in the Butte County Board .of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item: ITEM ON WHICH A NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS HAS BEEN RECOMMENDED 9:00 a.m. - Thiara Bros. Orchards - Use Permit to allow an agricultural segregation for a prune drying complex on property zoned A-40 (Agricultural - 40 acre minimum parcels) located on the east side of Township Road, approximately 1,500 feet south of West Evans -Reimer Road, at 480 Township Road, identified as APN 024-140-008, Gridley. (SB) (UP 98-23) The above mentioned application, Initial Study, and map are on file and available for public viewing at the office of the Butte County Development Services Department, Planning Division, 7 County Center Drive, Oroville, California. For information call: (530) 538-7601 (Monday through Thursday, 8:00 a.m. to 4:00 p.m.) Comments may be submitted in writing at any time prior to the hearing or orally at the meeting listed above or as may be continued to a later date. 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 Gridley Herald on Friday, May 8, January 8, 1998. Date 05/04/98 Development Services Department Time 12:23 pm Applicant Billing Worksheet Page 6 UP 98-23 : Thiara Brothers Orchards P.O. Box 385 Live Oak, CA 95953 In reference to : Use Permit, AP#024-140-008 Rounding : None Full Precision : No Last bill / / Last aging Last charge :,04/17/98 1 Last payment ( / / Amount $0.00 Date/Slip# Description HOURS/RATE AMOUNT TOTAL 04/06/98 Steve B. / P 6.25 368.75 #16103 Processing 59.00 04/06/98 Teri B: / C 1.25 42.50 #16140 Clerical 34.00 04/06/98 Larry P. / P 1.25 73.75 #16193 Processing 59.00 04/06/98 Steve L. / LR 0.50 29.50 #16287 LAFCo Review 59.00 $514.50 TOTAL BILLABLE TIME CHARGES 9.25 $0.00 TOTAL BILLABLE COSTS r TOTAL NEW CHARGES $514.50 PAYMENTS/REFUNDS/CREDITS 03/18/98 Deposit - Receipt #16281 (700.00) TOTAL PAYMENTS/REFUNDS/CREDITS ($700.00) NEW BALANCE New Current period (185.50) TOTAL NEW BALANCE ($185.50) iy S LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 April 29, 1998 FAX: (530) 538-7785 Tom Kendall 3020 Industrial Drive, Suite B Yuba City, CA 95993 Re: Use Permit for Thiara Bros. Orchards on APN 024-140-008, File # UP 98-23 Dear Tom, Enclosed please find copies of the comments we have received from other Butte County agencies regarding the Thiara Brother's application for a Use Permit. Please review these comments and the conditions that are requested as part of the project's approval. The Regional Water Quality Control Board (RWQCB) has requested that the applicants complete a Report of Waste Discharge form by May 15, 1998. The form was mailed directly to Ravi Thiara, but you may want to make sure that it is returned in time to the RWQCB. The Butte County Assessors Office reviewed this project because the property is covered by'a California Land Conservation Agreement ("Williamson Act'). The contract for this property has a minimum parcel size of ten (10) acres. The Assessors Office is requesting that the segregated processing parcel be at least ten acres in size. A condition of the Use Permit, and the subsequent parcel map, will most likely require a minimum parcel size of ten acres for the agricultural processing parcel. Should you have any further questions, please contact me between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Stephen Betts Associate Planner encl K:\PLANNING\PROJECTS\LJPC\THARA.UP\COMMENTS.LET TO: FROM: RE: 1r' { BUTTE COUNTY J DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION Public Works Butte County Planning Division Request for Comments on a Development Application: Thiara Bros. Orchards, UP 98-23 DATE: March 23, 1998 CONTACT PERSON: The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is - needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Use Permit to allow an agri ul gyral segregation for a pruni g complex on property zoned A-40 (Agricultural -40 acres) located on the east side of Township Road. approximately 1,500 ft. south of West Evans - Reimer Road. at 480 Township Rd.,Gridley, identified as APN 024-140-008. Supervisorial District No. -4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON August 13, 1998. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN April 6, 1998. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): I, Crcw4 vie ipurce.� esti adcv� wi7G� d ,nivvzsi�s �% �t �r & /V cy By: Date: Z�G Planniria Division 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-77 AR 2 5 1998 Oroville, California • AI 31M9 Ao UNnoo 8661 £ Z HVW ®3A1333H BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Thiara Bros. Orchards DATE: March 23,1998 AGENT: Tom Kendall APN: 024-140-008 FILE #: UP 98-23 PLANNER: PROJECT DESCRIPTION: Use Permit to allow an agricultural segregation for a prune drying complex Those items checked are conditions of approval. PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS A. STREETS 1. Prior to the issuance of building permits obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. 2. Prior to the issuance of building permits deed to Butte County, in fee simple, 3 feet of right-of-way from the centerline of �I2✓nJsif/� � iV S 3. Prior to the issuance of building permits submit road and drainage improvement plans for the installation and construction of the street frontage improvements on to standard, including but not limited to P.C.C. curb, gutter and sidewalk and the required street section for parcels with gross acreage of one acre or less. Construct or install the required improvements. 4. Prior to the issuance of building permits dedicate a one foot "no access strip" or relinquish abutters rights to Butte County, along the frontage of parcels , except at approved access points. B. DRAINAGE 1. Prior to the recordation of the issuance of building permits a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in 7 the peak flow runoff to said channel or facility. Prior to the issuance of building permits establish 100 year floodplain elevations and the lowest floor elevations for any structures. Show on the site plan map for building permits the elevations (by contours) and the location of an accepted NVGD benchmark and a temporary benchmark on-site. C. LEGAL LOT STATUS 1. Prior to the issuance of the Use Permit, prove, to the satisfaction of the Director of Public Works, that " the parcel of the subject application is a legal parcel. RfO iN3WdOl3A30 ONVI 3W8 10 AINnOO £6% £ Z NVW 03AI333H CALIFORNIA REGIONATER QUALITY CONTROL BOARD CENTRAL VALLEY RE`. N 415 Knollcrest Drive, Suite 100 Redding, CA 96002 Phone(530)224-4845 FAX (530) 224-4857 21 April 1998 Ravi Thiara P.O. Box 385 Live Oak, CA 95953 Cal/EPA Pete Wilson, Governor WASTE DISCHARGE REQUIREMENTS, PRUNE DRYING OPERATION, LIVE OAK, BUTTE COUNTY You are requested to fill out the enclosed Report of Waste Discharge form and submit it to this office with a filing fee of two hundred dollars ($200) by 15 May 1998. Checks should be made payable to the State Water Resources Control Board. If you have any questions, please contact me at (530) 224-4859 or the letterhead address. James F. Rohrbach Sanitary Engineering Associate JFR:tch Enclosure cc w/o Butte County Health Department, Division of Environmental Health, Chico Butte County Planning Department, Oroville Manning nivise®n APR 2 21998 10rowne, C' Recycled Paper Our mission is to preserve and enhance the quality of California's water resources, and ensure their proper allocation and efficient use for the benefit of present and future generations. Circa ro .m.ental i iealt BUTTE COUNTY MAR 2 3 1993 DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION 7 County e ut 7e Oroville, Ca 'TO: Environmental Health FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Thiara Bros. Orchards, UP 98-23 DATE: March 23, 1998 CONTACT PERSON: The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated. below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Use Permit to allow an agric ul gyral segregation for a prune dr3dng complex on property zoned A-40 (Agricultural40 acres) located on the east side of Township Road, approximately 17500 ft. south of West Evans - Reimer Road, at 480 Township Rd., Gridley, identified as APN 024-140-008. Supervisorial District No. -4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON August 13, 1998. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THANrn it 6, 1998. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): N% U, s�" m 0.4-f nrtrCl- 1CXr L 1�_r / By:_ P 61147'� Date: 1p — 4? U < 7 County Center Drive . Oroville, California 95965 - 530-538-7601 - FAX 530-538-778hAR 3 0 1998 ®roviAe, Californias let•§ County Assessor's Office BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES APR 13 1998 PLANNING DIVISION Oroville, California • TO: Assessor l� FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Thiara Bros. Orchards, UP 98-23 DATE: April 10, 1998 CONTACT PERSON: Stephen Betts The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. ` This is an application for Use Permit to allow an agricultural segregation for a prune drying complex on property zoned A-40 (Agricultural -40 acres l located on on the east side of Township Road_ approximately 1,500 ft. south of West Evans - Reimer Road. at 480 Township Rd., G 'dlev, identified as APN 024-140-008. Supervisorial District No. -4. (051 ..ZIIA� THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON August 13, 1998. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN April 27, 1998. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): —r, 1.— .- N F - III In "M By: i Date: �: /4/98 Planning DIyIOW APR 17 1953 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 • 0 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: California Department of Forestry FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Thiara Bros. Orchards, UP 98-23 DATE: April 7, 1998 CONTACT PERSON: Stephen Betts The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Use Permit to allow an agricultural segregation as prune drying comphxx on property zoned A-40 (Agricultural -40 acres) located on the east side of Townshoad, approximately 1,500 ft. south of West Evans - Reimer Road, at 480 Township Rd., Gridley, identified as APN 024-140-008. Supervisorial District No. A. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON August 13 , 1998. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN April 21, 1998. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): By: Date 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: LAFCo FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Thiara Bros. Orchards, UP 98-23 DATE: April 7, 1998 CONTACT PERSON: Stephen Betts The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to i 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Use Permit to allow an agricultural segregation as prune dryingcomplex on property zoned A-40 (Agricultural -40 acres) located on the east side of Township Road, approximately 1,500 ft. south of West Evans - Reimer Road. at 480 Township Rd., Gridley, identified as APN 024-140-008. Supervisorial District No. -4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON August t 13 , 1998. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN April 21, 1998. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): .:7,6A n82 000 LOCATED IN: CSA W TghYt2mivb ft • C54 77 - 4Xrpc,�v ^41114NC6 • G�iQcEy-91G(S CEME-�7.cu ' Ru7'7� Ca It'lOjQ(//7D CoN7rcoL - MANZQ�rra 6�EM• - GRrocEy altito�t N S. ' RUrtf CoMr+vrrr•y lo[.�EGE 2�a 'Pt fr ZvSG CSA 1&4 - JlN/M9z C014772ot . &FURE A ; PONOF Dr, r07 AA--cr REC1 *n* i0A✓ A96rr Z011, . By: S,G. Z. Date: y – P - 9Q Planning Division APR C 1998 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 ®rovii!®, California LD A-40 OFC UP 98-23 AP# 024-140-008 Thiara Bros. Orchards S /k\. ,4 pAl. 32 Project Location O CL A-40 \.... OFC C to X 0 LEAD - IN SHEET FILE NO: UP 98-23 AP# !> 2y - 1 - o F, APPLICANT: Thiara Bros Orchards, P.O. Box 385, Live Oak, CA 95953 Name . ' ddmss OWNER: Name Tom Kendall Land ..Surveying, 3020 Industrial Dr., Ste. B, Yuba City,9599 REPRESENTATIVE: None mess �0&4r- • • f Mv w a I I TumerMA SIZE: I . ri :t cc- S SUPERVISORAL DISTRICT # EXISTING ZONING: A-40 ZONING HISTORY: SURROUNDING ZONING: SURROUNDING LAND USE: SITE HISTORY: GENERAL PLAN DESIGNATION: O zchac-d APPLICABLE REGULATIONS: G L CA — t O A e. k:\forms\lead-in MAR ASS% ®rowae, California COMMENT DISTRIBUTION LIST APPLICATION: Thiara Bros. Orchards DATE: March 23, 1998 County Offices and Cities: / Chief Administrative Officer t/X_ Develop. Services Director /X_ Public Works Director v X Environmental Health ,J_ t� Building Manager Sheriff _ BCAG _ ALUC ✓X_ LAFCo _ APCD . _ Butte Co. Farm Bureau Biggs _ Gridley_ Chico Oroville _ Paradise Chico Airport Commission Agricultural Commission Irrigation District: Butte Water _ OWID Table Mountain Irrigation Domestic Water _ Butte Water District OWID Sewer Biggs/W. Gridley Water Paradise Irrigation _ Thermalito Irrigation _ California Water Service Co.. _ Thermalito Irrigation District _ _ Butte Water District _ Skansen Subdivision (CSA 21) _ Fire Protection /X_ California Department of Forestry Recreation Districts Chico Area Recreation Themalito Irrigation L.O.A. PUD El Medio Fire Protection District Durham Area Recreation Durham Irrigation Richvale Irrigation Other Del Oro Water Co. Other Sterling City Sewer Main 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 (Traffic) _ Dept. of Water Resources _ Dept. of Fish and Game Forestry (Attn: Craig Carter) _ Dept of Parks and Rec. —Highway Patrol vi Central Reg. Water Quality Cont. _ Caltrans, Aeronautics Program ,p o Department of Conservation _ Off. of Mining Reclamation _ Off. of Govemmental & Env. Relations Dept.Social Services, Comm.Care Licensing Federal Agencies US Forest Service _ US Bureau of Land Management _ US Fish & Wildlife Service Army Corps of Engineers Other Districts, Agencies, Committees, etc. Lime Saddle Dist _ Community Association _ Mosq. Abatement. Oroville/Butte Co _ Drainage _ Butte Env.l Council _ Paradise Pines Com. Assoc. Reclamation _ Cal Native Plant Society _ Butte Co. Mining Committee _ Forest Ranch Community Assoc.. _ Butte Ck. Watershed Conservancy_ School Districts BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Thiara Bros. Orchards, UP 98-23 DATE: April 7, 1998 CONTACT PERSON: Stephen Betts The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Use Permit to allow an agricultural segregation afor a rune drying complex on property zoned A-40 (Agricultural -40 acres) located on the east side of Township Road, approximately 1,500 ft. south of West Evans - Reimer Road, at 480 Township Rd.,Grr� Gridley, identified as APN 024-140-008. Supervisorial District No. -4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON August 13 , 1998. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN April 21,1998. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): By: Date: 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 0 APPLICANT: applicant DATE: March 23,1998 AGENT: Tom Kendall APN: 024-140-008 FILE #: UP 98-23 PLANNER: PROJECT DESCRIPTION: Use Permit to allow an agricultural segregation for a prune drying complex Those items checked are conditions of approval. PLEASE CONTACT THE BUILDING DIVISION FOR COMPLIANCE WITH THE FOLLOWINGCHECKED CONDITIONS H. BUILDING PERMITS 1. Prior to building permit issuance for a new residential dwelling unit(s), the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees, shall include, but not be limited to: Park Fee, School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. 2. Prior to building permit issuance for a new commercial or industrial development, or addition to an existing development, the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees shall include, but not be limited to: School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. I. EXISTING STRUCTURES 1. Comply with the Uniform Building Code for property line clearances considering use, area and fire - resistiveness of existing buildings. —2. Existing building(s) shall be made to comply with current Building and Zoning regulations for the intended new use of the building(s) or the existing building(s) shall be demolished. APPLICANT: Thiara Bros. Orchards AGENT: Tom Kendall FILE #: UP 98-23 • DATE: March 23,1998 APN: 024-140-008 PLANNER: PROJECT DESCRIPTION: Use Permit to allow an agricultural segregation for a prune-e-",- drying rune-1`;drying complex Those items checked are conditions of approval. PLEASE CONTACT THE PLANNING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS J. SITE DEVELOPMENT 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. 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 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. 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. • V • 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. Within 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 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 0 �. , I I 1 0 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). 'r 12. Prior to the issuance of the Use Permit, the applicant shall pay all outstanding County fees. 3020 Industrial Dr. #B 0 -OM KENDALL LandSurveying Yuba City, CA 95993 Bus. (916) 673-9779 ACCOUNT OF: THIARA BROMERS ORCHARDS P.O. BOX 385 Live Oak, CA 95953 Attn- Ravi Thiara DESCRIPTION Revise Use .Permit. Application DATE HOURS 1997 CLASSIFICATION RATE CHARGES CREDITS BALANCE mon is TOM KENDALL - Lend.Surveyin8 P.O. Box 115 3020 Industrial Dr.#B' Meadow Vista. CA 95722 Yuba City, CA 95993 Res. (916) 878-0861 Bus. (916) .673-9779 Date i _HovEMBER z /9 97 T O : DEPARTMENT of PFVE[oPNlENT S ERV I CESS . PL/fNNING DEPT. 7Caowry CEirTER •AawE ORov/cc E .c� 95965 Attention: s7,ryE 6E7 -Ts 'We are sending herewith the followings Prints ❑ Reproducibles ❑ Submittals ❑ Property Descriptions for Job No. 966o6 Tyif7Riq ago . - RrIl. USE PERMIT Job Name ❑ Invoice ❑ Per your request ®. As listed below © A-pproval ® Distribution 6 Review ❑ Resubmittal ® Your use ❑ Payment Plarmif; g Division MAR 18 1998 oroville, California C opi.es Dated Descriptions 6 REK A40 -Y- 97 /B ~ll 44 " Copies of /y ,o To gcc oM AfI NY T// E USE A Rm o r APP.CIiC• 29 REK Noy'91 //"x/%•• /• .. •. .. /• �. •• /1 ALSO (a R CoMPLETEO FIND SibNED!/NrFeRwo APPLltwrioNilrrD Remarks: ENV/RoNMENTAL ?NfoRMsfT/ON FORM/ qNo (2) T/fE P.9YMEN7' OF 0 /o/8-vo APPLIciTioN FEE diyofoR Orobs 1-r _-_ L -VA" iAgeW40 SV /?AV/ TH/AR/q� NOV IM'/997) TOM KENDALL - Land Surveying' By - e�ry, 7;e�A ZV 1 _ /� /�,fteT . •• . • ,t rw rrRN• Rrr w � � lrewo srcrwm -,e �vJirA ►1 N �. - 77 OIL NP • I .�•i'•:��•' Iv �•: �i. a •-• • •• • aW' �. �� 'J `I p Q I,,� ,•. 43 p8•. ._ �.� -- ►'••700 l i i� �!; �• 1 • • , , • :. ...,. :. •.. :_ r. :. ...:;u.P7 s,TQ , f i I �D I 70w.►wr/wA F ,Z:ptp�0 AC.. RE•[5./.d...fu.O�4R ASTE VICINITY A'Rasa.pi74. Pbn+o s co a �,� ..�....` � ��' tea.: :f �. � •� . • ' • I � 44.Z:50. •— •� I I 7 �''7�:1a' .la' /- __ — 4 4 /N LIMK Frf ~rs__ _ _ _ _ _ __- _ •^. AI AI I ` C 1 � n., . .iva..• �Yr. �,• I OIL Avrxl. '� ` � '•• ,; 7nTAL ACREAGE c ,ye�c Daae• �� I • i ��` ��""�` " = M•OiOAC•(6�s3) ALL: AIi ":.•'. I s7URw6E 91wEo t J D/PO/N6 BLDf,.. e/e�r.w � aww.wwMM.wW.�wwwMW ; '-• I.r. �•-. j (OVEN S•oe!) 70 I N 1 I L' I .•. ALL METAL y I � � `: • I Dtpwlst£o rnwe•s •a7L'lRAL:E - Poo-To' AREA OF EXISTIH6 } rpcarrY 5-7 ' c. (GROSS) -4 tam WIVE e/ g eeeeR) o (toNC. BLOCK) (GoNataexl 1 :rirJ a ->:, x, ..>•�i DlNYORn7bR DENYORATOR S I }g} D/NYDYMRlR � LNiNG EOwOr•►e,rT r7 I I `� '! lR re. se' •� QUARTER! �T Agd .�:. I 1.•• i , P.twwt Z« I i � �• 7 � (ALL MlTat ,� • sp I dreRaer Faro _ I A/pdrss1P rRlprar- D• A7.Y �„►,pp YMn11pR0YCD v' PI ROAD -44 O•- v A ,''' �'�'M.�` - N. i.3' J .. ' LCome.N R iL � . 'i .� l �.f�!Sh LbMrfr►c wRTd Fv! � 1\ �•� i :: ti • ::•i:..� : !W� ALL METAL \ •� OPEN . LlaN-7n — — ie� \ •�' • e 60 --I Claw-pee►) I ALL MFTat I I 1 ALLY - • �-- f Ssvawas iNro AtL A9f7"L /gf7wL I (eras Rt•ceNrT'o) y� Mrv�vwarc'e L 2•�- I 1 L LANW s e' so ------ - J J,� 1• 1 / :• ► ; (� `®' '�I 1 1 : �� sus 6 temo!"-T l 1. alall \�� w•�`--'�'l ~no•rer- Nese'-• J / / �11MDIh'r S7CAIFId l. �aor J / . p p 0-1 tra•r u)ro) �¢ . 1 91i:7.•:_ i J.. o i o • • • • • • •� • • S� USE ° J. FOR'.T1YE .F[TTLRE'DIP/9NS.'/O/Y • y • , ! • � • ' ' Eta[! Of ewnpra aTAvc7uRe OF THE 07ST11id.'�wnE' DRY/NG MAR 1 8 1998 OR 3[196 �, • MZpWI,e MLI FNCIL/T/f3 I AI LIM `' 1 • L------- rx,sT/M6 Bu�to/N6 ♦_Poswq pots RY OF i us[ PCRn�r s,rc A TOPOGR "^',;I li►��tlli� 1 I gurdew S. OWNERS OF„Rand ECORD er t� Thiara, 1/3 int (7..;:t gC.XNf r) TO ACCOMPANY A USE PERMIT APPLICATION 91 I ealdlpp B. Man and Bumdoder L Thlar•• 1/3 int. PREPARED FOR TflIARA EROS. ORCHARDS /! Oardlal L Th1ars and ftkh� mt E. Th1an. ruDw Tra•t. 1/3 tat Tp R BEING A PORTION OF MFae•d��•, THE N.11. 1/4 OF SECTION 18, T.17M.R.9B..M.D.B.& M. Tlo�Bo mdm�er4a1•• d�fanq� MAILWG ADDRESS APH. S AORTION OF COUNTY OF BUNK • STATE Or CALIFORNIA Tum •. Co. x009! P.0.80: 388 u o Oak. Co. bribe -'�-od 1vSCALE: 1'= 40' • NOVEMBER. Me 480 7bW/✓$N/P RIOA0 ASSESSOR'S PARCEL NO.24-140-008 oft M•. 9111 Rev. ftIvernerp, /!97 /'�, /4Jter o rJ �W even• R[J w � xowo � rr rs exe • •' ilt77YN 1 I..... :.-..w.—�: , ...r ....... .. ... _ . .. .... ... .: .. ... :... , _ ..... RPi✓� iii �I�C•ei. . • • • flu ' I A 3 aB .. r rAp 7. 2 .i r I 11C 1 •�1� '• •. •. � • • . •. ... , �; • •.: • •-i • • 3 +84 PN W•140• I I� II � �� :. .. .. �... � ;�� vs� monis � t .• �- 4w Ahmsmpffn � 8l>•Q � v I t� a �$ "• 'p R:p' p0 5 E �o. '� �� v 14 v1,g5 E VICINITY MA l•I A I ; ;-� s ; . Pb N D S C. AS • :. t` Y Jw� J �� =' �. �• .. r it � r l :r^\ !�•� (."; :(rte ,�1 '\. L� (� �':ii •�.:..�ij. �� . •' •� I `50' �elf' _ I 7 'lad /� 44• Z : 4 4 chw/M-LrNK J•Cf N•i' ' ._ ALC r,enrL ^^^^^-'�'�^"^^'' I •: I I •'1 WAFfAJ7ulER j � � _ ; LLAACrR�EAGE Ne�rreeL snJaw•• I Ir••tR •' 'r''�`� (Guess) ALL MrntL > I -;.•^ 'rte'•' "/ ,' ss' "- I I ,*,`` $roR/16f dNro $ <-;;� Y y c=-- ,w 1 DrPP/N6 BLDG. iYerar (oven S,Pe!) w•«�w•..vtwwK.ww..w�R..weww+ , • I ^ • Ic n DIOA/SlID nrwtrs DDPRISSRO 71MGKf n•O.f' ('r;�, V �' D•D.fd'- I I RRe,9 OF EX/ST/N6 [; : • I I s F/4C/L/7-Y 15 5.7 :t : x (�Ress) •,., sa I (CONC. bLocr:) (f/iNL, !1 BLOCK) �� •.` : �'� :{. !'? • -�;' ' '. � DEHYDRATOR S „ .,••;•.';::: 'r%:�,, ,. Sc(t.' I • � � OlNYORA7bR i' ��, D!M'ORRTt7R , LNiNG COWONIrir i fife.Se .� Gr/AAreR! 9r fte `."; [, .. I ��• •Z M Y �' 7 (ALL ^W L RboN)a I y( mp*er tnlP I I •=Si DlMrssen►f110C•'f+D•07'� J; [burp.} FgRMAeRWjp ' ' .•<: .• Al C. (OFF lel• •! i- - n•i.3' G1DNt. S7l.MD-A•l I I w A � • ,� .• ,,..•• ..•SL • N • re• I / R!�h •'! >,"os rte WArefl WILL lW1,94L METNL Mari ::i :';•;:: pON,pNou3t \. /1• / l•� I a .tel •�, t, L!�~s»L — — ar P., • , • r I ALL MmrL I I ALL •_' s7voAer sNlo f ALL Mf7T7L y Mfrwt I LAW \ 4 \`•' I I sNOP I i $TDRwae ; � • Il• �_ � 1 I solo 41 I H •.)� � lrrl►N '\f �t is •. ___ I.I. .. I � M 1 , pmv Am pjrvL I I . , �= � e••w a iCt. N • • •' � 17RN1 97.** RAVEL 393.0 I I g•` PR( OSBD USE. >� 'rape;.°,:) .,:v?sjo!� I I ;' �- FOR'.THE 'FOTVRE'EXPA/Y5'/0/Y $ y • • • • ! • L - ' ' emr Of LYY eprrI 3rovert/me OF TNC Ca75T•1/1G. P)QW/ ' DRY/NG MAR 1 9 1998 I OR 51,96 ♦.. TrlrpJanC IMtt FAClur/ES I �--�• FEN[C L//r[ I I • �,,,<,,,�• fx/sT/M6 BuitDin6 ♦_' Mwfa Po50WVRRY OF Oivviile, California 1 01 Mmir 51r A TOPOGRAPHIC MAP I O1fNBRs OF RECORD 77-Ar•(&gm) 1 •. .r. - L Thta„, 1/3 Int•(7.!*- 9c.XNer) , TO ACCOMPANY' A USE PERMIT APPLICATION I ea1a1p S. Thlara end Besminaer E• Tues., 1/6 Int. PREPARED FOR TMARA BROS. ORCHARDS /i Oardlal S. Thier and Sathwant L Thlue. Family hast, 1/3 Int. R BEING A PORTION OF ! THE N.W. 1/4 OF SECTION 18, T.17N..R.M.M.D.B.k M. mAa.�trw � A�/ar 6 9 WAO ADDRESS Oreb A P N• : PORTION OF COUNTY OF BVTIE • STATE OF CAWORNIA oft. •. Co. "M P.O.Bez 385 U" 0•h. G. ,34-J40�Od SCALE! 1•= 40' • NOVEMBER. 1996 Ph 6»-s'rJ• 95953 @,480 7vnrivs>!JP Rono ASSESSOR'S PARCEL N0.24-140-001; G 167p R. ee•oe-•ef�e Rrv. Nevemsep, /697 4 e a.41 W � + ,A N.,4 l Ar -c-1 —/Z7— mNo s��( oi\ �0d Y "— 1••i.)IJ I Acck 1/ 7W [vwn• RCI w I 7rewo CSO • YI WAS, :...^..-'_'A✓ t(16/W j S. l rL .. /„ �;�/. •� A G^" :..: ' o r9�1Y: r ,►�o• . . I �J ; 1 4 r-..•.. rix, RPN: Z4-140- 1 Z w �� I ISO aslwfMPRb I I� �,1\ '� O • ' • .. •. .. •. ,1 •• �� : • .. :•' •. • .,..• \ •I I4 SlC1YON I Z�.0O •AC.RE.S'-�f.OR-... • S P R o: Po s e.o. : L ir3 u �:� hlAS TE VICI ITY A A : • : �� G • : • ..... :... - ..' �._T..I:L f: N.G...'.. .................. .. .... . aQ PbNOS •.. :._. •.. :.�. r- 140. I II I III' � . • ..:. : ' .. �;��• ♦ 0. ... : �.. ... ' . I I '�� .r.,..l .l..l 'l� �.•+' ••� r �� ,•.1 /� /•� .f•` �•� :\~..(�I ;1r�1 �v��i� �� 1!.� til....��1 .. 4�1,V 50' CM91N-L/NK rC[ N•c' I '�• —� � OsE Of 6RAVfL � • I I I � I I I I. I I + I I I I Se I— I I I'• DIPRe'7•fto 77fAG•'S I , ., a•e.ra' I I i OINYO*,* MR I � Rtt /qe 711L 7n7-AL/Af�1CREA6E 1 e•.+�rwo J DIP P106 BLDG. en* (oven 5•o!s) DQPRISS[D 171wCKf a•o.7' I AREfI OF EX/STIIYCt x( I RCILITY = 5.7 2' (GROSS) n (GROSS) 1 � (5.3 � i (CONC. BLOCK) - �oNaLOGK)S ;t DFHYDR/9TOR ` i' D[NYP"ToR nee. owNwa7 _ L1e7w r: I Aft /111ML I ST00096E 9H10 '~ I I \w«\w....rMw•N•wr.Mmwww.ww+ , ( � IR1 o � ALL METgL � `� 5700R6E SHED v I t1WAIC ` fCWDHtlM' •-f L7!? SrST !M! • ti "•' I (ALL /•►lrmL • Ix a' I ALL "we rN RFb sr AOMb rl SsoRwefw[D DIPRFeS/D rRq[Nf - D• 07.! E ,r Y. :�N/rrpROvep v �• •y J7pRR0! I Fw r," .t/ RO/f0 v J" o 7 a / I A 3�Db' N,e �1eoNe. Nas,+No-avr hI `font. .•. ...:� •/f- / �,R!Sh !.. Lb•nsfr/c wwreR wsttpk"4p House` � �: •fv i�Pl � ti LIAN' 7N dpi • • 1 �� I--• 60 � _ _ _ � (eww-ver►) � � �lo� 7 1411 MLTwL I I I ALL • • . Ssvwwel JNro ALL. MlyRcAi M[rAL I . � -..i (t1rMI Rr-CONtf D) / Q• . -a? ' AI �: I I SHOD I I S7DRwiC `I •'• • IAMW q 4b I 1 I i anlD o I _, i , 1. �� ' '� t 3 ; µ •[•, , �•'ttfw * I � \r � •.f.! . •� 1 �, 1 ow• • / lfrRrrtatrtf •\ `�� i G •�••�„ Fan > •• 1 • / � >si uveNltewc7 .. • • �`V jos) R/t•/ � pMwO•/Y!. N••I' • ' - —' / won •rrOAwIC ��• _ '(Her V$cv) r� I' _��--- 325.30' ,I'\ `•'. •. `•_..•a•�Q •••: •_ •' • ' PRCPOSED USE }� q , LES FOR'.7f- .FUMRE'LXPgtYS/Off MAR 18 1998 �- �: fact Of ewc#,trn lTAacrwe OF JT/E 07SVW. •PRUNE• DRYING • • • ! • OR SLRB• FAC/LIT/ES tEN[E Lily[ �£tWR PO POLILE Qi: " '111€1 Cc-ljil'va`Illa BOWDRRY OF I/3t•Prkmir SITE A TOPOGRAPHIC MAP OWNERS OF RECORD^.,71•='Ac. (6mss) .v B. Thfan and Saflider L Thiar•, 1/3 int_ (7.31 RC.XNe r) . TO ACCOMPANY A USE PERMIT APPLICATION [u1dlpp S. Thiara and Borminder L Thiara. 1/5 int. PREPARED FOR THIARA BROS. ORCHARDS Oardltl L Thlara and Sakhwant L Thlara. Family Tract, 1/3 Int. BEING A PORTION OF THE N.W. 1/4 OF SECTION 16, T.17N..R.BE..M.D.B.& M. MAILING ADDRESS APN• : PoRTION OF COUNTY OF BUTTE • STATE OF CAIXFORRIA P.0.9m 3e0 IJOak. Co. '�-OLive SCALE: 1•= .40' • NOVEMBER. 1996 "953 a 480M 7t71YNSf ROAD ASSESSOR'S PARCEL NO.P.4-140-009 ,R/zUM !'A- tob, Ra eeeos-•rife + i •� I V I • I • I i rqN �1 R T�L adaU •lend farrglad SOM Industrial Ort••. Rtdb 1! Tam atb. Co. 9009! Fh• 071-9't7o a(000Irl - 3'YS^E R[v. Mveme,., /997 SaA�-G` (-zl,r A e -I Gayl L p q,,., •� O O �o � d O (-zl,r A e -I Gayl L p q,,., APPLICANT RECEIPT 16281 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING �SS U D 6B Y RECEIVED FROM w 0 G a `- N. �f2 SEC. 18 T. I r°.N.R.3E.. M.D.B.8iM. �� 24-t4 I 24-11 •f � � 7 8 t8 17 I I I I � I E• N RIM R • 679® - 640.E RD. . w e 47 Q • iss � 097 � _ ' AC ac d 46 10-3 4 00 r6;` ;5-d311 55 ® FFSSS}TiiTTT111JJJ7,tO A nw M "_9H- 4 I B ,.9K-42 GRJDLEY COLONY NO. i M. 0. R. BK. 4 PG. 37 O T.OAC. . 63dil L '7: -1 I sss HIGGINS 47 O� 48 18 56 9.44 AC k 3 63diI 6� � l 44 43. ,0 40 i 65%47 NOTE: These parcels ore for assessment purposes only and may not constitute legal parcels. 57 1206.314 c3r.9 A 50, o 5 ss�iy�c. 6.j4�2• '� ASSESSORS MAP NO.24-14 COUNTY OF BUTTE,CALIF. a _ iZ 7— �� lS,7r[r • is TW Cvwns R£I w-\, I Rowo • Jr Jt ri � J � O.00ix° 2 I i� � � i .. .. .::.. • . .:• .��: ... • �. :. �• VSE P[RNlJT?� 1 - � ��• • � • ' . • , .... •. , •.. ,• ... ruts 8/TQ � I I , , • .. •IAD >DwafJrJtllp ': z,.Z�O A t R E 5 fOR- _ aI a I .• ..:. ,... , �. :.p'R:p: p05 E O. L l(r3'U�:� NlASTE VICINITY A A 4 4.2'.50' I �. � ��: Ia' � CHAJH• LINK Fc! Jv•s' -- — I OP 6RAVCL - I I \ r RtL/elnrL I •` . I I sc�<<•• 7VTAL ACREAGE t r„AtAL S10AAff I I I r ewvJrww 1 Dipv/N6 BLDG. •� \,r•w.,uw•wra,•w..,•R'•,wwrww• , (N ^ • I I AAL ~?WL ' I I DLP![SSRD 7JMCK7 Zr•a.7• I �•''. `` yst+Rn,[D 1Rweas S•srRA6f SHED, a•e.J•s 19RFg OF EX/STING 11 I : • Fi4CII/Ty (5.3 E '6Ross) so 'r � I I SI � � (1CaNM. erecK% D CoNC: `BtOt+li t,^..ar.BLtfCK) ,t I :vc�_7�.:.:,, ::. ,->r_ •� .ti •c. „}' I � a , I I r vim VOR* 7bR DFNYORATOR I I I D/nYORRt�fR t/viJvc fowDM[Jvr r� nre. go' ', .es -••r OuwJrrf,ly 7r !•s a •s ..• I o ,swnwt ZI (Art MrrRL R' >' • I � �t �'"l1f li } II qjj Mrrwt A b �''s• t Jv!•r JibOM7 II S!lrRArr •MtD I I DrrRlas [D r"eks'+O. 0%7.!' UN/++.PRe VIP [UV/P} F7gRM ROAD I ,( (OPEN,,•• i -J- O �' • e. / �. sr.J,+e.<„+ I/�� 1 i -' : ;'• ' LbNJstr/c wwreR writ / • ♦� N • / _ •• :: i •.•i.� M£rAt •� Afflujr JAN ,` S • • t leww--•Derma `J/ fe '•� Atl Mltwt I I ALL - I •� srv,rwee tNED ALL mrmL L M[rwt �--•- » ;� •: lernv Rt•eeNrr'o) � pff+aJRNie'e I ' O' .. ,.:! � v`: I 1 SJJeo I i SnoRwc[ �� • • twww47 lool Y ZrfjvL Iv Rn rJMcr • . p. ` _ or PMA90P ��',� ' 4 � t�tlr7l • • !tram now ee•wo tL•!. N•f/• _�, P �r I \� .rte._—...----•--=�E��_e�.�—»� 993.0' ^ __ .. ._ VIA PRCPOSED USE p ,� LEC>BND FOR'.THE FUMRF_',aPANSi:/O1Y 14AR 18 1998 • ( i ► , , iz�. Eos! OF t+a, emm .77fflVerVR[ OF THE [a75T.!/1G.'PRVIVE' DRY/HG q • • • • FACIL /TIES $ I OR BLAB •.. 7rtrPJan[ Fvtt �i�4 ; jle, �icsau�od.�12, I I I EX/3T/M6 liuiLDin6 } FOWR POLE I • -- • •J90UNDRRY OF ust PtRn�7 WE A TOPOGRAPHIC MAP I I OWNERS OF RECORD. ' � 7.� Ac. (cAnss) I Carder w a L This". 1/6 int (7.3^ �•XNf r) . TO ACCOMPANY A USE PERMIT APPLICATION L Wer.Man &ae8enkhwane L TThtaar•: 1/5 int. Tra71. 1/e Int PREPARED FOR THIARA BROS. ORCHARDS BEING A PORTION OF M, THE N.W. 1/4 OF SECTION 16, T.17N•.R.9E„M.D.B.& M. T�m �I •rase ear.q� MAA.WG ADDRESS APN• : PORTION OF COUNTY of BUTTE • BEAT• of CAUFORNIA >toeo enet,.a1.1 �+.•, >tiea B or+ 24 - W-08 SCAis: 1' = 40' NovE1IBER. 1006 Taea •!d. Co. "m P.O.B•1, 366 U.• Oak. Co. V• 0"-"99 06963 Ca 480 72)Wp/SN/P ROAD ASMMOR'S PARCEL NO.P.4-140-006 to Rw M•OB-M►t• Rrv. NeverlBeR, 1.997 I s W Ev�r'�3 Rf1 a l RO/10 /8 ,SEcr�oN . S�rti►�V �, • r . I APN: Z4 ( • , • 0 C c • (: i • _ _ /"s 700 I� t �•_ � Q I �,7•pe�a ---�-- SIG I � � ' �! � � � .• t. y ry;%' APN 24-f40 -Od l v RrlfT •, t I I �I / • � • sz35o Q 4ao ZmySHIPRDt I , • �.. • _ i20 Q I Q1 1144 1 k • ' • CORNER • '. c ACRES FO •_ IQUIL5 11�1i5TE ..J VICINITY MAP i 65E J r Q l a aSETT I[,IG IO ' , r • • ' ��• • • it �• �. 1 \ - ' I I I i Y �✓ I; ; � !•� tom• ; • • � • . ` , • i-•<,. �� )T _ � � f '4 j �• iL �i -- - —lam Y •`� ! -\ ! •� • • _ - • • • / } I I -- . l_� � � '-•.' `w, ,` J, �.` •moi `�� .,, ..r, ._• """` !� I RHVEL AGL MET L 98' E FERT/L/L•E�7nR/!G E i ?5 TOTAL ACREAG crfFN,ic�L ALL METfiL .:= I �` • - AC 5`Si �. �I• c-\ pbwE� 's� '� •• $TORf)6E SNEO v = `'': ,•-` sex II •`' C--- D/PP/N6 BLDG �, a`ttsnt.�taa�t•tt�:,t.\tratx�.`tc'.rr�•,�+r,+ ;•• I ,•� I ? : aELT (OPEN SIDES) 70 O r METAL LDEPEf5SEO TRACKS • �=O.3� STORfiEF SHED v ' •' TRACKS I ` I • DEPRESSED D:0.75' 30 I O t4 II ..T lr ty 98, rte• Z (CONI• ??: "=?. :�•,,a ' ••.;ti:•"i::':^•'r;.• ;� - it, b �. 5i W C. Oc,r) (coHe. BLOCK) aLOCK)o ti (Cor/ 6[ DEHYDRATOR - I I L/V//✓ia EG1vIOMENTQ �.•! - I� r DENVOR/17'OR DENVOR11T0%= �,� QV/lFZTER3 STORn6E r • fLEC• 50' ga' - I J PANAL �: (/7LL METALI tq '' 'Z2-,H.sc a,a /7LL MQ'TAL REST ROOMS I ` -0i- ; s _ STOR/1iR SN D UN/MPROVED I ''Y �,� y ECx/iRT •M I F'iilfM ROND_ DEPIPES$fD 77PA - j CKS+ D 0.7J'� •sT:•;;;. •N STDRf�iE •� � I + (OPCIV 5 t DES 1111116 O o; "coNFOR �M G_ 4crATB R-iVEf � �" f � v FxlEc,J�71p7�t ° ;N r�L .v Z. 2 h �•��t _-- _ .,t• 32 - -r. +.;.t• . p'JMn HOUSE' `^ /�E� O PEN � • / O ,m h LEAN- TO , -J 50 -- 36 , • j '� ALL MET/!C I ALL MEAL MET/f[ f - z O v` , / O V �' STO)VA�E SNEO Z `_ / r > t�.-•� r N£o r� R•.w` •—��z ' RCB£%NF RC- CON, S'rD) AGE _�J// .✓ �/ • j� �� SHOP - STOR Ot/ - ___� i ! e•_� _ ..LAWN '•' �C ��. I - I SH � � ��l � Y, •` I�-+ 't � b . •-}y .tea .',•. i o '• ��\ • - `•-- -' l Q\ t • .` � • 1 � •;. 1,� ) RES f DENCf :: CIrR. 4 ` ',\��11 51, ' �AW •2: '• 1ir�ir'1 / wa3.5 ";ia (� r• 1 o S �\ j _ // / c� CNEMfCALs .�\` / AD//+� / STORA•E t pet, -1 9? \ v'..^wt �O^RD•Fee. N-ssr !` R/lC"O� u LD) r� , .393.0 523. 50• AREA OF EX/ -9 7//YG -, If �� s"; �: `, ••,; PRrJPpSED USE fRC /L 1 TIES I o �- , G: c, • r, , •� ., �? � � :, � '�.� -.�� R THE •FUTURE fXPRNS /O/Y 't"' LG FOR 5. $7 hr (rNCL• RD •) I ! J OF THIS CX157-11% PRUNE .DRY/N6 �. �.. � '`-� • • EXj- OF C0WCRfTE STRUCTURE FACI L !T/E5 � 49 t AC CIY�� i 'r • OR 5Lh'B -w- • TELEPNO/YE poLE r 4-• • POWER POLE, i ,«._,, • £X157!16 BU1LDIIY6 .._ . •BOUNDARY OF JIM-PfRr'11T 51TE A TOPOGRAPHIC MAP �-7 67-t ,1C• (6RYJ55) I I OWNERS OF RECORD 7.49+�.xNE-r) TO ACCOMPANY A USE PERMIT APPLICATION I Gur ey S. Thiara an Sa der K- Thiar,r, 1/3 Int. PREPARED FOR THIARA BROS. ORCHARDS I I Yuldip S. Thiara and Harminder Y. Thiara, 1/3 Int. —�/3 /Q Gurdial S. Thiara and . Sukhwant L Thiara, family Trust, 1/3 .Int. BEING A PORTION OF l�4SECT1oN coRNea THE N.W. 1/4 OF SECTION 18, T.17N.,R.3E.,M.D.B:at M. Prepared by: MAILING ADDRESS % PORTION OF COUNTY OF BUTTE '' STATE OF CALIFORNIA Tom Kendall Land S Suite D • NOVEMBER, 1996 ara Brothers Orchards ,24 - 140 -Od SCALE: 1"= 40 , Plan mcmDtOstvaustrial Drive' P.O.Eoz 335 Lire Oak. Ca. ASSESSOR'S PARC£ NO.24-140-008 `Yuba city, Ca. 95993- 95953 @ 480 .7VWN-5111P ROAD s a No. "8"-90710 Ph. 673-9779 GRIOLf.CA i' 2 21998 REV. NOVEMBER, Il97 Oroville, California REV• ,i'V'ye, /998 780.2' x FO PCarort —� -�- \ %� — x x — — x --7 — — Po vemen t Ix I Born Born E- House yx I / x 00 ` _ c6k�cc x� x L x x 36-45-016 N `� I 36-45-015 I x ) J� Existing — X Fence 3.6 AC.+/—Ar / Ar Ar / 450.4 RO / — _ A VENUE ` GREENBA CK PROJECT SITE GREENBACK AVENUE p r00LEVARO r Foo "LL v o'ny� RO^x �o 'INC LOCATION MAP NOT r0 SCALE N0110� HO � �%jtix / Plat to Accompany / APPLICATION FOR USE PERMIT / For / / BUTTE COUNTY OFFICE OF EDUCATION 1859 Bird Street Oroville, CA 95965 SCALE: 1 " = 50' NorthStar ENGINEERING SHEET 1 of 1 CIVIL ENGINEERS * PLANNERS * SURVEYORS 20 DECLARATION DRIVE * CHICO, CALIFORNIA 95973 (530) 593-1600 SEPTEMBER 1998 ciovl Division 0 61998 Qroville, California ion N 0 V 0 61998 4roAlle, Gallfomia \ 780.2' Shed Cor ��---/--�----�� — x — —. — x x — — — I441 Povemen t _ / x x Born Barnh % + } y 1 t I I + x / l C 36-45-016 co co x� \ x� J Existing / /� x Fence }/ 3.6 AC.+/— + Cyt if 450.4' z_ x — —X— x —X— — x — —x X— — x — A VENUE GREENBA CK / PROJECT SITE CREENCACK AWNUE 0 Not) ARS F007HIL 2 RO^0 `9 RAND � LOCATION MAP NOT ro SCALE 1 / / Plat to Accompany / ' APPLICATION FOR USE PERMIT For BUTTE COUNTY OFFICE OF EDUCATION SCALE: 1" = 50' 1859 Bird Street Oroville, CA 95965 NorthStar ENGIIVEERING SHEET 1 of 1 CIVIL ENGINEERS * PLANNERS * SURVEYORS 20 DECLARATION DRIVE * CHICO, CALIFORNIA 95973 (530) 593-1600 SEPTEMBER 1998 Division 6 1998 Orovilla, Cal9fornia / 780.2' Shed Cor----�_—----�� X — x x — —x — — — — I Port "D I FQ Po vemen t — — _ x— Concrete II Born / Barn House 1 %� Ar k 00_ _ CD k�Cc x � x x x 36-45-016 N 4 36-45-015 \ /> JJ EX;Stin 9 / rAr 3.6 AC.+/— I � x Fence / Ar / 450.4 ., . 01D/ — —x— —x— —x— —x— —x x x —x— ---+ ' / 13 ___--- — — -- --- AVENUE GREENBA CK / PROJECT SITE CREEWeACK AWNW o r� rwty FOOIN�L� MJF, 60AD pARCH LOCATION MAP NOT rO SCALE i 1vil / A / Plat to Accompany f,4,oR,��:,;3 APPLICATION FOR USE PERWT` 1R / �c / For / BUTTE COUNTY OFFICE OF EDUCATION ' 1859 Bird Street SCALE: 1" = 50' NorthStar ENGINEERING Oroville, CA 95965 CIVIL ENGINEERS * PLANNERS * SURVEYORS 20 DECLARATION DRIVE * CHICO, CALIFORNIA 95973 (530) 893-1600 SHEET 1 of 1 SEPTEMBER 1998 WiSi©n 1998 Orovilly, California I Orovillo'calitomia 0 Division %OV 0 6 1998 orovillo'californ C \ 780.2' IR X Shed Car _ I Port Po vemen t r � Ir r X - Concrete Bom / Born { House } }/ � l � x 5.. x X 36-45-016 00 \ x \ x 36-45-015 x ) II Existing — / / r- — x =J Fence 3.6 AC.+/ / + I } / Ar 450.4 { ` - x--x--X- -x- -x _. PROJECT SITE CREMBACx A *WUE o goo o Fo��+,« i SJR RO)kD _ 0 LOCATION MAP Nor rO SCALE F00111 4% / Plat to Accompany / / APPLICATION FOR USE PERMIT i For / / BUTTE. COUNTY OFFICE OF EDUCATION I SCALE: 1" = 50' 1859 Blyd Street Orovllle, CA 95965 NorthStar CIVIL ENGINEERS * PLANNERS * SURVEYORS 20 DECLARATION DRIVE * CHICO, CALIFORNIA 95973 ENGINEERING (530) 893-1500 SHEET 1 of 1 SEPTEMBER 1998 . _ ...E ian , g Division NOV 0 61998 0rov9l^,CaSom 0 Shed Car—L—_�—� � —x x x IPort Pavement Cl —X Concrete I Barn x &,mE House Ar 00 / x�__ cmc x � .r � � 36-45— 015 (36— 45--01Dct°•I / Existing / 3.6 AC. +/— Fence Ar rp Ar Ar Ar Ar i i + / 0 / 450.4' R _x _ — — ' A VENUE ` GREENBA CK \ PROJECT SITE MIMACK AVENUE o roU�ARD i F001FlfLL syr ROAD dry R^N� LOCATION MAP NOT rO SCALE n1 Fro j Plat to Accompany i APPLICATION FOR USE PERMIT For i BUTTE COUNTY OFFICE OF EDUCATION 1359 Bird Street Oroville, CA 95965 SCALE: 1" = 50' NorthStar ENGINEERING CIVIL ENGINEERS * PLANNERS * SURVEYORS 20 DECLARATION DRIVE * CHICO, CALIFORNIA 95973 (530) 893-1600 SHEE'r 1 of 1 SEPTEMBER 1998 1©iVision 0 61998 orovil'.o, CaWorniF 11 ©.ovine, Callfdi Iii& F, 780.2' x shed Cor �— — �— x — — x I Port Pavement — — _ _ r � a � X_ Concrete Barn / Born E -j + House } �J x \ / x\— -- x _—maDOx 36-45-016 N k �� I 36-45-015 k �) Existing — XJJ Fence / Ar 3.6 AC.+/— t) Ar / Ar / r 450.4' RQ A VENUE ` GREENBACK / PROJECT SITE CREENCACK AVENUE p S I�LEVARD F001NlLL RO^D x �o oho F'W _ LOCATION MAP NOT ro sCALE F0 031 i Plat to Accompany P Y / APPLICATION FOR USE PERMIT / For / / BUTTE COUNTY OFFICE OF EDUCATION 1859 Bird Street Oroville, CA 95965 SCALE: 1" = 50' NorthStar ENGINEERING CIVIL ENGINEERS • PLANNERS • SURVEYORS 20 DECLARATION DRIVE • CHICO, CALIFORNIA 95973 (530) 893-1600 SHEET 1 of 1 SEPTEMBER 199:, an, IVUv U on i Qroville, Califomin 7 _ !2 7W EVAN RE/ R /J� �8 SECT/ON (• ' • _ CORNER /3 is /0976' r O � Srcnt•!v I • • • . CNeNeR I � . i APN=z4-/�O-moi•_ . \ J \ /"= 700 433,08 48 I �-� II � ••t I O � 49�u,I _ 11SE PfRM1T�' t L ! + 5l TE - Q.� • y ; . I . • • • • . • • ' ... sz3•So 480TowNSN1P RLi 1%r _ i I I ' I t { 20- - • O I I I r r I �44 Z �- . 1 . . � Y4 SE4T10y t • • • +.,, CORNER _ 144 - �'`-� W/g5TE VICINITY MAP Pb/YD 5 77L1'fyGt IC► �1 I • • . • • • • �, 1 h-�-1 I I I • • 'C, -c I I 1 I • L.. ` .` , 1 C� �/I I r �Y 7 ` �� C• 3 w 442.50• I 75.16* i /� 8 CHW/N-L/Nk FCf H�GI1 0.7 G Rh' i/L L I RGL METiIL 98• I �. I � \ v.• Y' ;�'FERT/L/PER �.F- � TOTAL 9CR5A65 cHEi»lc�L 57DRf)6E l <"� I ( `� c •9( S• •.�• r "' /In 00 AC • (G SS) ALL /%ETRE semvlco _-4��I III I I II II -I I- x�Lpjr l1 II III I 33�1�f�I1`"tomhOV�\/, � � ` kV•��, ` `":f 1'_K'13j �� - i,`;r_c.'.�/�:y�r ,•� �%=\'^� ,; '\I �Y��^' . ; -.pr`4�te �-.. wD:�Els,-�P�cV• '�R/.:�_.C%.E.`L�;FtX1E cQE� R"EN.�\ CCom,Cf\^t`51 Ssb;fF+b, • w,_"'Ft:;Rua<�wC�l �/E�y\ "�5/`�t"�cO`Ka\o.0 +yE"f, iicYro\'9 R7:t w_`.-'L:f !I Em _ �/-1I\� G.Bn�HPE If ,Jt/r 'I'NIfESNyGR�ZI�C—RLo.aEQ�I- �!C' `-G�\ :/��1'IIF>,; I;{:. T/E3SBGZ /£` m L.�D�..Dv XNGI�.I1I C• ? ` . ,,m/ ` 4I3 _ •�.hI"�u9' A= �/L0(Li.E3MG' NE/T!LNR�51�E.' 's /.L{�;•i= ?'O" Tf7'`iiDx;..�-yl.—Nl/i< — i 5I727R/IFI �G5ELAY.M/St.RLO. vttTiLL+iREaDtY:N,M1ta!TR4MS3�,JGl/`l7ET;LicE �l7AOh RtIytA��yi v� G~+V—c!\E \-.tEt;—t•� o:h=S,i'�a;uHt•.+ Eot.a.D •piE'`,. � t�/ t•y , ur" „.,vati`t' /-er/ ,�c'�;:••\4 T. ,J _•G • ; ,•.:5''�/�'•:: ' .•. ,- '- •+ - E+� r` � '' , V'••, •• / iI I 1I I I I Ii`IhDIPPING COOPEN SiDBS) 70METAL Z-'DEPR£SSED 7PACK5 STORHEE SHED p:0.75' •.��l I' • ,- -- , r. -- • ARER OF 1XIS7/t'30 LTy7 +Rr(6r6SS) 9e' (5.3 t)/YEr) (GONG. BLOCK) (CojC. BOCK) BLOCK 03 DEHYoRAToR 7EHYDRATOR DEHYDRATOR aVMR7ORR6E J(f/LL MAMIL) 50 52 7/�2QM*SE io RE -5T ROOMS -4 UN/MPROVED 0EPRESSrp TRACKS - D= 0.7-F?RM ROAD (OrENSI•ES OCONC. $T/NO-PIPi ONC FOR LbM6ST/G WfTER WELL WIRLL METALo puMP HOUSE TLERIV O O tcnR-Porr) 35 So 'ALL ME `= -C STORAGE SHED 19L44- METRE ONSTDC-SHOP LRWiV ls i CwR. roar iD 1C07TAGE N."L fxwT/L/?ERE Q CHEMfCiL5 _+ �O/R D FEE. N'Sr NiQSE Raw (Ivor USED) T-EoF 117�A=393.0 �• ^ J J I ---� 523. 50' �' �✓ �� a� Q'� ti I,� '�- �""'1 ••"•� Ste`\ '�`' (.+� � • 1 • 1 . "• ' ` • ap ' •, 1" 'RN5 /ON YE DRYING F1AR 18 1998 CaIiio,iIIa A TOPOGRAPHIC MAP TO ACCOMPANY A USE PERMIT APPLICATION PREPARED FOR THIARA BROS. ORCHARDS BEING A PORTION OF THE N.![. 1/407 SECTION 18, T.17N.,R.3E.,M.D.B.& M. COUNTY OF BUTTE ' STATE OF CALIFORNIA 4 SCALE: f = 40' • NOVEMBER, 1996 ASSESSOR'S PARCEL NO.24-140-008 V _ „• • � , � .f v r - 4_:, -_,,,,J v' �r - --.... .rte.—_ _ _. FOR THE -FUTURE A 4-t4• " EDGE OF CO/YCRfTE STRUCTURE OF THE ZXISTING l I m' .' . ' ? OR SL946 ♦ FAC/LTTt£• TELEPHONE POLE { -■-* • FENCE L//YE I m CX157/NG 8U/LDUY6 POWER ROLE ......... .. BOUNDPRY OF I :.. USf-PfRMTT SITE I j OWNERS OF RECORD — 7.7t M. (6RO55) I Gur aa� S. Thiara and Satinder L Thiara, 1/3 Int. ( 7.3t 19�- -)(NET) I 1 Kuldip S. Thiara and Harminder K. Thiara, 1/3 Int. x-13 TB t Gurdial S. Thiara and Sukhwant L• Thiara, Family Trust, 1/3 Int. �'F$ECTION • .CORNER _ • by: TomoKendall � T K End Surreyint MAILING ADDRESS AP N. AN.: PORT10H of 3020 Industrial Drive. Suite B Thiara Brothers Orchards Yuba city. Ca. 95993 P.O.Boz 385 Livo Oak. Ca. Ph. 673-9779 95953 La 4%!iW HIP ROAD GRIDL•E.'Y, CA ' •, 1" 'RN5 /ON YE DRYING F1AR 18 1998 CaIiio,iIIa A TOPOGRAPHIC MAP TO ACCOMPANY A USE PERMIT APPLICATION PREPARED FOR THIARA BROS. ORCHARDS BEING A PORTION OF THE N.![. 1/407 SECTION 18, T.17N.,R.3E.,M.D.B.& M. COUNTY OF BUTTE ' STATE OF CALIFORNIA 4 SCALE: f = 40' • NOVEMBER, 1996 ASSESSOR'S PARCEL NO.24-140-008