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Mr. Siemsen stated the applicant :oust be in conformance. By splitting
the property he is creating two sub -standard parcels. ire cannot put an
resident on the other property.- He felt they should apply through a rezone.
They are -looking at a nonconforming use. Dividing it is a conforming or
.onconforming use which could be conditioned on. It would not require
splitting a lot for a second use.
Ms. Blair stated she vas confused, recently they had passed 6 to
8 variances to create smaller parcels above Paradise Pines. ttany were to
minimum parcel size. They have not been cautioning people that more than
two parcels was defadto. She would like direction from the'Board.
Mr. Siemsen stated they have agreed the one parcel was sub -standard.
t.was existing one.
Hearing closed to the public'anc, confined to the Board.
Supervisor Lemke stated they.would be meeting tomorrow morning
d he would suggest continuing the matte' in order for County Counsel and
he Planning Director to discuss this b•:fore they cake final action. The
earing will be closed..
Hearing -continued to October 28, 1981 for decision.
2594 LB LIC HEARING: RONALb R. LOGAN APPEAL OF' THEPLANNI\G CO*iY''SSION' S DENIAL
F NEGATIVE DECLARATION ?17D USE PEFMT, MINING PERI-aT PVD RECLAMATION PIAN
DN PROPERTY ZONED "A -Y" (GENERAL) , AP 41-08-27, PROPERTY LOCATED ON THE
LST SIDE OF DAY .CREEK ROAD, APPROXIMATELY TIiREE MILES tdORTH OFPF�ITZ ROAD,
OUTH OF PARADISE
The public hearing on the Ronald R. Logan appeal of the Planning
ommissien's denial of negative. declaration and use permit, mining permit
Frd reclamation plan on property zoned."A-2" (.general), a? 41-08-27,
opertyloc.at.ed on the west side *of Dry.;Cree.k .Road, approximately three
.jiies north of Pentz Road, south of Paradise was held as advertised.
IBettye Blair, planning director, Etated the members had copies
f the reclamation plan, copies of Planning Commission minutes and staff
ind_ngs in addition to all correspondence received regarding this issue.
he set out the background.
Supervisor Wheeler stated the Flanning Commission minutes indicate
hey denied the project for lack of .information as they did not have the
otal plan.
Ms. Blair indicated a lot of infor-ihz=ion was brought forward from
he hearing. The Commission suggested they obtain information outside of
he environmental determination. They did not have enough inforsation and
enied the project so they could reapply to get all of the information
roperly through the impact report.
Hearing open to the public.
1. Sonya Purcel, Chico, referred to the impact report. Them are
umerous springs existing in the area which are used by'hrmesites which depend
• pon the water. If the spring water was used for mining pur;+oses evervoae
f the homes up that, canyon would be in jeopardy. it is the only water supe:.;)
here is. There is 3,000 feet of drycreek sandstone. There is no way to
,et well. The creek would be contaminated as a result of 'he
water from a
ning. The road is very narrow. There was concern of hau L{ng graown
rihe road Lo Pentz Gravel. The Fish and Gane have' indicated any silll the trout which are in the tream.
ge 373.
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October 2 i ,> 198 L
2. Paul Manefee, Dry Creek Road, stated the environmental report
Lndicates there should be a four foot pipe to carry the 65 csw from Dry
reek. There are five property owners who have.private bridges. In a heavy
rain all of them would lose their bridges because of the pipe. He was
concerned about traffic and the improvement on the road.
3. Walter Kirk, bay area, stated he plans to build a home in
this.area. He felt there should be an environmental study. The road
maintenance was to a minimum. Mr. Logan's operation may be small to start
out but should it be successful he would e=xpand. He was concerned about
trucks traveling daily on the road.
4. Louis Camenzind, Jr., Durham, stated the applicant was apply=
ing .for a mining operation and he needed help. He did not apply for
travel up and down the road. He is familiar with the area. It is
Calveras tilted and has. grooves. The formations are from the lava flow.
There are two or three luvial deposits. He will be moving 80 years of
gravel. If this were BLM property no one but the Federal Government would
have anything to say. Mr. Logan has submitted a reclamation plan. He
has satisfied the requirements of the Fish and. Game. and the Water Quality
Control Board. The Commission gave no reason.they turned down the project.
He is. gcing to create more wealth.. Mr. Camenzind read from the County
Code Section 13-16 regarding mining.
Supervisor Lemke stated they knew why the ordinance was written..
It was because the federal government was trying to pressure them with laws.
He questioned why this went through the Planning Commission.
NLs..Blair stated the reclamation plan.is received through direction
of-Publi' Works Director and state and into the Planning office. It is
heard by the Planning Commission. The property is in "P.-2" zone and it
requires a use permit.
Mr. Cam-enzind read from a Geologist 'Magazine frcm 1965 regarding
land formations which addressed the area' in The The applicant is
presently using a pick aad shovel. If the plan is approved they would
operate up to 80 years per day.
5. Ronald'Logan, applicant; stated the Fish and Cane has
complete control over the strea.m... They made onsite inspections. The area
has been mined pteviou.ly. A negative declaration has been recommended
on the impact report." He is hoping' to do it right with all of the permits
and approvals.- The pipe was the idea of Fish and Game. He felt a train
flat bed would work rather. than a culvert. They are two miles from any
homes. Two close homes are abandoned which are within 1,500 feet. They
.have no septics. He is required to have a gravel permit.
Supervisor Dolan stated the procedure is for input. at the Planning
level. for a use permit. The Chairman of. the Planning Commission felt there
should be more inforination.
Mr. Logan stated he must first obtain these permits. If they
are denied he must wait for one year before refiling. He'felt nobody knew
how to handle the plan.
Supervisor Lemke stated he felt on
reclamation plan by Public Works. They have
Quality Control and Fish and Came. He would
regarding the plan and report this and if it
of the thit,gs missing was the
the expertise .along wi•s,h !v'ater
like to hear from Mr. Castleberr
is adequate for the area
Clay Castleberry, public works director, stated he has reviewed
the.site and the proposal. It did not address any of the peripherial. The
Qst Qb `�.
L�clamation plan and information provide for the size of the op2raticn that
S. planned. He will not address the use permit. The reclamation plan can
ie operated in a manner that would not cause problems and would meet the
:ounty minimum .requirznents .and the State requirments.
Supervisor Dolan stated she was concerned about certain front—
ages and the closeness of the homes and of the property owners. She did
-iot feel the springs and water quality' were answered. They do all have
the same road access.
6. Lucy Cook, Dry Creek Road, stated she•lived in one of the
abandoned houses referred to earlier until one year ago when she married.
She still has plans for the house. She felt this was a civil matter.
They do not want the road improved. 'The'spring water is used as the only
source for household water supplies. There was concern the operation
'She now lives one mile from the mining
could be ecpanded without a permit.
site.
Supervisor Saraceni stated the Planning'. Commission never. addressed
the issue of the type of equipmer}t that would be used.
7. Bill Barren, Dry Creek.Road, stated he agreed with all of
mit. The
the property owners. He was concerned about a blasting per
springs are the areas only water. supply.
.8. .Betty Logan, applicant•, stated they..were not'. going to have. .
a rock crusher. The property was -mi ' ned before. Theis opEration will not
hurt anyones water supply down strea. Everything within one mile is
abandoned. When they get the money they plan .to.invest in a.tramel and.
a slough box. Much of the material will be recycled.
Steve Streeter,' planning department; `stated they did a lot of
ihe` reason for the September.
background work and he:.has taker. notes today.
letter from the Fish and Came was they had not had a chance to respond
earlier.
supervisor Wheele'r-stated there'were points brought up that
to at the.Planning Commissicn revel. They are
should have been listened
i d'fferent sets of answers.
gett ng _
Mrs. Pursell stated she attended the Planning Commission meetings
and no real answers were given regarding the reclamation plan. She has
worked in the geology field and did not feel the questions regarding the
springs have .been answered. The entire state is concerned about avatar.
There is no other water sourse or system for them to utilize,
Thecannot
obtain water Erom..Qroville,Dam and Paradise has their .own p
Mr. Kirk' staled he felt the!Planning;Commissionansimdactestudyig t
questions, but did _not get the right answers. They felt p
precisely what their plans were and what
was necessary and a report to know
they were going to do.
Hearing closed to tine public and confined to the Board.
Supervisor Wheeler questioned if they denied the project without
prejudice could the applicant make application immediately.
Uel Siemsen, county counsel, stated if the Board denied project
re udice it allows the applicant to go back without setting or lull
with prejudice
hearing. It is the reversal back concept. They can waive the fees.
2595
2596
259,
October 21, 1981 z _
On motion of Supervisor Wheeler, Seco;ded by Supervisor Dolan and
unanimou:.ly carried, the negative declat:ation and use per, it tinning permit
and reclamation plan on property zoned "A-2" (general), AP 41-08-21-, property.I
located on the west side of Dry Creek Road, approximately three tiles nortli
of Pentz Road, .south of Paradise appeal by Ronald. R. Logan be denied without
prejudice; the applicant is to make reapplication to the Planning Department
without paying the required fees.
CONTINUE TO OCTOBER 28, 1981 - PUBLIC HEARING ON WILLIAM R. STATER APPEAL
OF THE PLANNING COMMISSION'S DENIAL OF NEGATIVE DECLARATION AND VARIANCE TO
HINII-MM LOT AREME
A REQUIRENTS TO ALLOW THE •CREATION..OF A 2.55 AND A 3.01
ACRE PARCEL IN THE "A-20" (AGRICULTURAL - 20 ACRE PARCELS) .ZONE, AP 39-39-72,
PROPERTY LOCATED ON THE SOUTH SIDE OF EDGAR SLOUGH, APPROY7I4ATELY 400 FEET
SOUTH OF THE INTERSECTION OF STANLE`I.AND DIAMOND AVENUES, TWO BILES SOUTH-
EAST OF CHICO
The public hearing on William R. Starr appeal of the Planning
Commission's denial of negative declaration and variance to minimum lot
area requirements to allow the creation of a 2.55 and a 1.01 acre pdicel
in the "A-20" (agricultural - 20 acre parcels) zone. AP -39--39-72, property
located on the south side of Edgar Slough, approximately -400 feet south
of the intersection of Stanley and Diamond Avenues, two miles southeast
of Chico was held as advertised.
Hearing open to tb- public.
Hearing. closed to the publ_,c .,and.'continued to October 28,
1981 at 9.:00 a.m.
ADOPT RESOLUTION 81-249 AND 81-250 = PUBLIC HEART\G: LAKERIDGE VILLAGE
SUBDIVISION - SALE OF BONDS
The public hearing.on tile; Lakeridge Village Subdivision for the
sale of bonds for the assessment district was held as advertised.
Robert Brunsell, bond counsel, stated they have a further offer
regarding the sale of the bonds flor the'assessnent district.
On :.lotion of Supervisor Lemke, seconded by Supervisor Saraceni
and unanimously carried, the following action regard -ng the Lakeridge
Village S�)Jivision Assessment -District was approved :
1. Requested and consented for shortened term of improvement
bonds.
2. Adopted Resolution 81-249. shortening the term of bonds.
3. Adopted Resolution.81-250 ordering the sale of bonds to Birr,
Wilson b Co., Inc..per.their offer.
AUTHORIZE ACQUISITION. OF 2127 A STREET AND 2235 FORT WArNE: AM OR1ZE
UTILIZATION OF CHICO-HOUSING IPTROVEMENT PROGRAM AS CONTRACTOR FOR PURPOSES
OF REHABILITATING THE. TWO DWELLINGS HOUSING AND COMKTNI!Y DE`.'ELOPME"7
Ward Connerly, consultant,set out the background on the two
proposals.
SUPERVISOR DOLAN ABSENT AT THIS TIME-
Mr.
IME
Mr. Connerly stated there were two parcels. There is about
$30,000 worth of rehabilitation to be completed. They would like to.
contract with CHIP for the two dwellings.
15
Supervisor Saraceni, questioned if people in the E1.`fedia
could be utilized through CHIP.
Page 376.
17 10 RI
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