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Home My WebLink AboutUP 00-09TA PROJECT SUMMARY SHEE r FILE #: UP 00-09 PROJECT TYPE: Ilse Permit APPLICANT: ScottA�Martin ADDRESS: OWNER: Same ADDRESS: REPRESENTATIVE: ADDRESS: k __ PROJECT DESCRIPTION: Use Permit revoking a homesite segregation agreement •••• •00101 WIN W., W.M. 0111111RI 11111M AP#: 022-190-049 TOWN/AREA: Biggs GENERAL PLAN DESIGNATION: OFC (Orchard & Field Crop) 1. Application complete: 2-4-00 Amount: $ 1.064.00 Receipt #: 18180 2. Comments sent to: E.H., Public Works, LAFCo,DDS, Assessor, Butte County Farm Bureau,�g. .o mission, & CDF i 95S 3. Comments received from: 4. Rezone Petition Signatures Checked: 5. Mailing List/Lead-in Sheet: 6. Assigned To: Stephen Betts 7. Environmental Determination: State Clearinghouse No: Categorical Exemption-CEQA# ZS73 Negative Declaration Mitigation Negative Declaration Subject to Fish & Game: Environmental Impact Report Gen. Rule Ex. -CEQA # 15061.(bx3) Other 8. Staff Report: Project Video: 9. Clearinghouse circulation required: Yes No Date Sent to SCH: 10. Publication Notice Written: .3 -e,20 -OV Display Ad Prepared: 11. Notices Mailed: a- 0:20" av Number of Notices: 12. Newspaper Publication Date: ev O C P j 13. Planning Commission Hearing(s): Action taken: - Z— Special Conditions: Commission Resolution No. n 14. Board of Supervisors' Hearing(s): � � ' dD A Action taken: Board Resolution No.: 15. Type Use Permit/Send for signature: 16. N.O.E. / N.O.D. / APPENDIX G: 17. Send validated Use Permit: 18. Assessor's 19. Copy of Use Permit / Variance to Planning Technici Ordinance No: Adopted: Fish & Game Fees Paid: Yes No 022190049000 022190053000 MARTIN SCOTT R & JUDITH ELAINE DOLLAR JOHN E & INELL M 285 E SACRAMENTO AVE 2769 HWY 99 CHICO CA 95926 BIGGS CA 95917 IIiIiiiiiiiIiIiiiiiIIItillillilI 910025338000 YANG YENG 2714 AZEVEDO AVE BIGGS CA 95917 830047105000 KNIPE GREGORY A 109 DAKOTA AVE BIGGS CA 95917 022180040 AGAMUA, FRANK 145 DAKOTA AVE. BIGGS, CA 95917 022190055000 PERRY JOHN MICHAEL 33 CHATFIELD AVENUE BIGGS CA 95917 830049773000 WISER ALLAN P O BOX 415 GRIDLEY CA 95948 022180096 STUART, JOSEPH 1772 VALLOMBROSA CHICO, CA 95926 022180054000 022180063000 022180095000 SHUMAN FAMILY TRUST JAMES PHILLIP T & MARJORIE M WELTON DON E & MARIAN P FAMILY 159 DAKOTA AVE 2809 AZEVEDO AVE TRUST BIGGS CA 95917 BIGGS CA 95917 2828 AZEVEDO AVE BIGGS CA 95917 022190012000 022190036000 022190037000 URRUTIA MARTIN & DORIS JAMES MARJORIE M ETAL JT MASSEY STAN S & JUDITH M JT 1650 42ND AVE 2809 AZEVEDO AVE P O BOX 993 SAN FRANCISCO CA 94122 BIGGS CA 95917 GRIDLEY CA 95948 022190044000 022190046000 022190048000 BROWNELL FAMILY TRUST DELATORRE JOSE VARGAS MOISES & BRIGITT 163 CHATFIELD AVE 1740 LOCUST ST P O BOX 194 BIGGS CA 95917 GRIDLEY CA 95948 BIGGS CA 95917 022190049000 022190053000 MARTIN SCOTT R & JUDITH ELAINE DOLLAR JOHN E & INELL M 285 E SACRAMENTO AVE 2769 HWY 99 CHICO CA 95926 BIGGS CA 95917 IIiIiiiiiiiIiIiiiiiIIItillillilI 910025338000 YANG YENG 2714 AZEVEDO AVE BIGGS CA 95917 830047105000 KNIPE GREGORY A 109 DAKOTA AVE BIGGS CA 95917 022180040 AGAMUA, FRANK 145 DAKOTA AVE. BIGGS, CA 95917 022190055000 PERRY JOHN MICHAEL 33 CHATFIELD AVENUE BIGGS CA 95917 830049773000 WISER ALLAN P O BOX 415 GRIDLEY CA 95948 022180096 STUART, JOSEPH 1772 VALLOMBROSA CHICO, CA 95926 Morn-)8d- . / 067 ��'��r G / •d 7 wE LTo-p—i- ti QrzxtrI-V7A Q� vp0i C— -: p�3ra,L- i v f � •fit `• Ar r ' t w i 0 ECEIVED USE PERMIT FEB - 4 2000 BUTTE COUNTY APPLICATION PACKET CHECKLIST PLANNING DIVISION This checklist is designed to assist applicants in making sure all necessary information is included in their application packet. Please include this checklist along with your submittal. 2 Applicant Planner Z A completed, signed, Uniform Application and Environmental Information form. If the application is signed by an agent for the property owner, an agent authorization form must be submitted along with the Uniform Application. The application shall not be accepted, unless signed by the owner or authorized agent. E ePayment of the currently required Application Fee and/or Deposit (Any unused portion of the deposit will be returned upon final action, if any remains.) (Planner advises applicant) NEW a. 0 b. d. e. ® Thirty-five(35) copies of plans which shall include a detailed site plan drawn to scale. All plans shall be drawn on uniform size sheets no eater than 24" x 36". The finished plans shall be folded to 8 %" x 11". The detailed site plan must include: ❑ Na ehdd.ress of Applicant, Engineer and/or person who prepared the plan ,K v Qo Property lines and lot dimensions ®e Assessor Parcel Number(s) and the street address. ZProposed use and/or uses of the property. ❑ Pr4lbsse�d��la'r�dscapingplan, ifapplicable. Mo [4vLaScwp#•Ar�'d i r f. ❑ Dimensioned locations of existing and proposed improvements on the property .(including, but not limited to, buildings, driveways, parking areas, wells, septic tanks and leach fields). g. 2"' 1:1 Distances fr m any significant natural and constructed features of the property, such as sv treets,�access roads, streams, rock outcroppings, major tree stands, storm drains, bodies of water, railroads, to the property lines. No S1gV%L-�,u-- 4 -C- e- av-ova`-�. A-11 -3 S IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. •� 1 h. ❑ ❑ Location of A slbpe banks, ponds, creeks, buttes, sloughs, rock outcroppings, natural drain ge ou� a ?irrigation canals and existing vegetation worthy of consideration for preservation, ion suchas oak trees. I. ❑ ❑ Any exist n fau ror fractures and geologic hazards. U o cUro✓r �- 4t, S S ® j. ❑ ❑ North arrow and scale of drawing. All plans shall be drawn to an engineering scale with the preferred scale of 1" = 20', with a north arrow preferably oriented to the too of sheet. k. 9R All plans must be clear and legible. 4. ❑ 60 One cop,��y Af 8 Nft 14" transparency reduction of the detailed site plan. &V .0 5. ❑ 0 A vicinity map showing closest major cross streets, zoning and existing land use. os6. ❑ 'ice' ❑s s8:!@ww❑ 9. ❑ a. ❑ b. ❑ C. ❑ d. ❑ ❑ One (1) set of colored plans mounted on foam boards, which shall include an illustrative site plan, i1lsttrativ! building elevations, and any necessary cross-sections. Portions of this requirement mayrbe"Ipaived by the Planning Manager. Portions wavedYES ❑ NO ❑ One (1) fulfereproducible sepia for each sheet in the plan set of the detailed site plan. r MXP5 owt V_4f✓ O ,.-,u ML 61 )COVI oL ❑ Buildingemrj�erials on a sample board, 8 %Z" X 11". �o -}- ►n.w_� ❑ Detailed sje ranincluding the following: q. o�,�. L -3 i�' El Building setbacks from the ultimate road�ght-of-way (front, rear, sides). ❑ Proposed and existing on-site dr};eways and/or roads. ❑ Location, height, and�matenals of walls and fences (sections may be required). El All All driveways, draw'to scale on adjacent and across the street properties within 100 feet of the Abject site. IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 2 e. ❑ f. ❑ g. ❑ h. ❑ I. ❑ ❑ Existing curbs, gutters, sidewalks ❑ Typical street section(s). ❑ Nearest cross streets on both 9 existing paving widths on-site or within 100 with plus or minus distances from subject site. ❑ Approximate location of all buildings within 100 feet, on adjacent properties. ❑ Proposed method of sewer and water connection or alternative method of sewage disposal and poNble water supply. ❑ *Existing and nearest fire hydrants. i S 1• w.. }-.c +0 0 •tic. S Ft2__ ❑ Access, both pedestrian and vehicular, showing service areas and points of ingress and egress. 1. ❑ ❑ Internal circulation pattern. m. ❑ ❑ Elevation contours, at a minimum per USGS maps. 10. ❑ ❑ Illustraale Site Plan Thelan should include " graphic scale and north arrow, p agr pall proposed and existing improvements, landscape concepts such as earth mounding and meandering walkways, walls, ground cover, trees, shrubs, shadows, paving and other elements as may be necessary to illustrate the site plan. (Dimensions may be excluded from this plan.) 11. ❑ ( Conceptual sradmg Plan No �V�-,`� 6 C( -uv Items to be shown include: a. ❑ ❑ Natural areas to be preserved. b. ❑ ❑ Proposed out and fill areas in contrasting colors of zipatone pattern. c. El El Existing and p joposed contours within 100 feet of project boundaries. IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 3 d. ❑ ❑ Proposed drainage e. ❑ ❑ E osion control me f. ❑ ❑ Na al drainz is od control facilities. (e.g. - slope landscaping). I g. ❑ ❑ Elevations and finished contours. L u w1- t) y�,ww�.1 �14+ C6"- ru }— KAI, " h. ❑ ❑ Location ofgretaimng walls, drainage channels and existing structures. I. ❑ ❑ /Location, eleva ion and size of proposed building pads 12. ❑ ❑rIllustrative Building Elevations Illustrative building elevations showing all sides of existing and proposed buildings and structures. Illustrative building elevaons means architectural elevations showing typical materials to be used, trees, landscaping and shadows to give the elevations graphic dimension. Additional information may be required in order to clarify, amplify, correct or otherwise supplement the above submittal information or to complete any required environmental review documents, as deemed necessary by the Department of Development Services, Public Works, Environmental Health Division, Butte County Fire Department, or Agriculture Commissioner. Signature: �-v �� Date1LJD Applicant/Representative Signature: Date: f-e':2adb Planner 10ceiving Application K:\FORMS\SUBMITAL\CHECKLIS\USEPER,MI.FRM IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 4 �ROJECT REVIEW CHEC�T Project Planners fill out this in-house checklist upon receipt of a new project. Project Number: Project/Application Name: Project Site Zoning: General Plan Designation: APN: Project Planner: Date completed: Is the project located within any of the following areas? ❑ North Chico Specific Plan ❑ Oroville Enterprise Zone ❑ Williamson Act Land CLCA: ACRES: ❑ 100 Year Flood Plain ❑ Within FEMA Floodway ❑ Within DWR Floodway ❑ Dam Inundation Area ❑ Watershed Protection Overlay Zone ❑ East Avenue Specific Plan ❑ Chico Area Greenline (Project in area where Greenline policies apply) ❑ Greater Chico Area Redevelopment Area ❑ Nitrate Action Plan Area ❑ Archaeological Sensitive Area ❑ Hazardous Site ❑ Other Critical of Sensitive Area ❑ Planning Areas ❑ Urban Reserve ❑ Durham -Dayton -Nelson Planning Area ❑ Paradise Urban Reserve ❑ Oroville Area Land Use Plan (Adopted 3/29/84) ❑ Oroville Urban Reserve ❑ Chico Area Land Use Plan (Adopted 3/18/90) ❑ Chico Urban Reserve ❑ Gridley -Biggs Land Use Plan (Adopted 8/586) ❑ Gridley Urban Reserve ❑ Honcut Area ❑ Cohasset Area ❑ Palermo Area ❑ Chapman/Mulberry Planning Area (in process of adoption 9-14-99) ❑ Deer Herd Areas ❑ Designated Development Zone ❑ Winter Range ❑ Critical Winter Range ❑ Summer Range ❑ Critical Summer Range ❑ Major Migration Corridor ❑ Intermediate Deer Range ❑ If Constrained, The Minimum Parcel Size Is acres. ❑ CLUP Area ❑ AIRPORT AREA OF INFLUENCE ❑ Chico Municipal Airport Environs Plan ❑ Chico ❑ Paradise Skypark ❑ Paradise Skypark ❑ Ranchero ❑ Ranchero ❑ Oroville ❑ Oroville ❑ Airport Land Use Commission Review (ALUC) Required Urban Area (As decd in Improvement Standards for Chaj* 20) ❑ City of Chico ❑ Durham ❑ City of Gridley ❑ City of Oroville ❑ Mountain Recreational Area ❑ Sphere of Influence ❑ City of Chico ❑ City of Gridley ❑ City of Oroville ❑ City of Biggs ❑ City of Paradise ❑ Watershed Areas ❑ Butte Creek ❑ Cherokee ❑ Big Chico Creek ❑ Wyman Ravine Study Area ❑ Little Chico Creek ❑ Rock Creek Study Area ❑ Sacramento River Conservation (SB 1086) Essential Services ❑ Public Water District y ❑ Well(s) ❑ Public Sewer District ❑ On-site Sewer ` If well and/or on-site sewage disposal, has Environmental Health determined the application filing requirements? ❑ Pre -application review complete ❑ Pre -application review not required Drainage District/CSA. ❑ Fire District ❑ Butte County ❑ El Medio Fire District I Federal Aid Road(s) Other Permits required from other agencies ❑ Department of Water Resources (DWR) ❑ Department of Fish and Game (DFG) ❑ CALTRANS ❑ Regional Water Quality Control Board ❑ Army Corps of Engineers ❑ Butte County Air Quality Control District ❑ Other Comments: Version: 9/28/99 CAMy DocumentsTROJECT REVIEW CHECKLIST.doc Agency Special Review ❑ Office of Mine Reclamation ❑ Department of Fish and Game ❑ HCD (Mobile Home Parks) ❑ Other APPLICATION ACTIVITY LOG Action* Person Contacted** Phone Number** Time Spent/Date *Use more than one line if necessary. **If applicable. APPLICATION ACTIVITY LOG a USE PERMIT • OCT 2 0 2000 BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP 00-09 PERMIT NO. . 022-190-049 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Scott A. Martin is hereby granted a Use Permit in accordance with application filed: Use Permit to terminate the Conveyance of Development Rights and Open Area Easement on APN 022-190-049. 1. This Use Permit terminates the Conveyance of Development Rights and Open Area Easement, recorded November 23, 1982, Butte County Recorder Serial Number 82-34889, Book 2772, Pages 521 through 526. All development rights revert to the Grantor and all successors. 2. 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. 3. 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. 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.. Conditions of Approval: Fire Department/CDF 1. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. 2. Provide an all weather access to all structures. The access shall have a minimum 10 foot width and 15 foot vertical clearance, and be able to accommodate a 40,000 pound fire apparatus. . . q�, Public Works Department 3. Prior to issuance of a building permit, obtain encroachment permits from the Public Works Department for any existing or new driveway approaches onto Chatfield Avenue, and construct the driveway approaches to County standards. Environmental Health Department 4. The parcel proposed for the new dwelling has not been proven satisfactory for sewage disposal and will need to prove it is satisfactory prior to issuance of the required sewage disposal permit. The sewage disposal system for the new dwelling shall meet the same, sewage disposal requirements in effect at the time of the parcel's creation in 1982. 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/00 Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting constru , , nQr does it waive any other requirements. PANE OLAN, Chair Butte aounty Board of Supervisors CC: Land Development Division` Building Division Environmental Health Department Butte County Fire Department/CDF Assessor's Office Agricultural Commissioner 5 :? 0. A - PA A c F, L- .1 Hil or E r oo� f I A N*AAo, APPROVt.i P16" DATI USE PERMIT VARlJWM MINOR Uffi..w�ADWIPERWG'-WWWAMWM PLANNING Commisk., DIRECTOR Of DMLOPMEW BUTTE COUNTY BOARD OF SUPE 0/ 9:..,. k,ECEIVED, FEB — 4 2000 BUTTE COUNTY t9LAINMNG DIVISION lox Lo > ol .0 APPROVt.i P16" DATI USE PERMIT VARlJWM MINOR Uffi..w�ADWIPERWG'-WWWAMWM PLANNING Commisk., DIRECTOR Of DMLOPMEW BUTTE COUNTY BOARD OF SUPE 0/ 9:..,. k,ECEIVED, FEB — 4 2000 BUTTE COUNTY t9LAINMNG DIVISION lox APPROVt.i P16" DATI USE PERMIT VARlJWM MINOR Uffi..w�ADWIPERWG'-WWWAMWM PLANNING Commisk., DIRECTOR Of DMLOPMEW BUTTE COUNTY BOARD OF SUPE 0/ 9:..,. k,ECEIVED, FEB — 4 2000 BUTTE COUNTY t9LAINMNG DIVISION NOTICE OF EXEMPTION TO: _ Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 __2L County Clerk County of Butte 25 County Center Drive Oroville, CA 95965 Project Title: UP 00-09, Use Permit Assessor's Parcel No.: 022-190-049 FROM: Butte County Planning Division 7 County Center Drive Oroville, CA 95965 Applicant: Scott A. Martin, 285 E. Sacramento Avenue, Chico, CA 95926 CLERK Project Location -Specific: on the north side of Chat5eld Avenue, approximately 400 feet west of Azevedo Avenue, in the Biggs area Project Location -City: Biggs Project Location -County: Butte Description of Nature, Purpose and Beneficiaries of Project: Use Permit revoking a homesite segregation agreement Name of Person or Agency Approving Project: Butte County Board of Supervisors Exempt Status: (Check (One) Ministerial (Sec. 15073) Declared Emergency (Sec. 15071(a)) Emergency Project (Sec. 15071 (b) and (c)) X Categorical Exemption. State type and section number: 15303 (a) Reasons why project is exempt: Single-family residences not in conjunction with the building of two or more such units. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption. Contact Person: Stephen Betts If filed by applicant: Telephone: (530) 538-7601 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes No Date Received For Filing: ignature, andy Wilson Principal Planner K:\PLANNING\PROJECTS\UPC\MARTIN.UP\NOELTR. WPD 41 ------------ NOEMOD OTHER APPLICANT RECEIVED FROM RECEIPT TOTAL PUBLIC LAFCO PLANNING PUBLIC ENV. FIRE NO FEE DATE No. RECEIVED WORKS SALES HEALTH RECEIPT 18 711 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF.CALIFORNIA OFFICE OF PLANNING Zu BY D ' r 1581 ROBINA A FAWNS 90-78/1211 P O BOX 798 530-868-1701 //� ! v v 19BIGGS, CA 95917 i PAY TO THE U/ a /w, ORDER 0 DOLLARS ©o.l.11... d... ridley Office • 24 IM ROAD e GRIDLEY, CALIFORNIALOR95980 BA MWEST 2-Soo-4ee-2263 ZdI4 -Ii; L 2 L L00 78 2�: L 58 L L L ?06 388 311' • DECLARATION OF FEES A (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT Scott A. Martin 285 E. Sacramento Avenue Chico, CA 95926 FILING NO. Project Title/file number: Use Permit / UP 00-09 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXENTTION/STATEMENT OF EXEMPTION (X) A. Statutorily or Categorically Exempt $25.00 Clerk's Documentary Handling Fee () 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). 2. () NON-PAYMENT: The above fees are required. Not paid. Chief Planning• I: Wndy Wilson Title: Pri cipal Planner Development • D. October 20, 2000 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. 0 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: REZ 00-02, on the northeasterly side of Nord Avenue (Highway 32), approximately 650 feet southeasterly of 8th Avenue Project Description: Rezone from C-1 (Light Commercial) to C-2 (General Commercial) Findings of Exemption (attach as necessary): 1. The County of Butte has conducted an initial study and prepared a Negative Declaration 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 Wilso Principal Planner Lead Agency: County of Butte Date: October 19, 2000 _ .. � �' �° � �3 � IIII IIi 111 l 1111 l li l 11111 111 l 1111 11 2000-0035231 Recorded I.REC FEE .00 Official Records I CONFORM .00 RECORDING REQUESTED BY AND Count Of I WHEN RECORDED MAIL TO: cANDACBUJ�GRl1Bas Recorder I CLERK/BOARD OF SUPERVISORS ROSEMARY DICKSON I Assistant I Shauna 25 COUNTY CENTER DRIVE 03:50PM 12-Sep-2000 I Page 1 of 2 OROVILLE, CA 95965 CERTIFICATE OF TERMINATION OF CONVEYANCE OF DEVELOPMENT RIGHTS AND OPEN AREA EASEMENT Notice is hereby given by the Board of Supervisors, County of Butte, State of California, that pursuant to action taken by said Board at its meeting of May 30, 2000, the following Conveyance of Development rights and Open Area Easement has been terminated: Conveyance of Development Rights and Open Area Easement executed on October 5, 1982, by James Harvey Powell and Thelma G. Powell, accepted by order of the Board of Supervisors on November 9, 1982, and recorded in the Official Records of Butte County on November 23, 1982, in book 2772 of Records, at Pages 521 through 526, and identified as document number 82-34889. Pursuant to said termination, the County of Butte releases to the owners of the land the development rights which had been conveyed to it by the said Conveyance of Development rights and Open Area Easement, namely, the right to construct and maintain residential uses on the property described as Parcel 2 in Exhibit "A" of said Conveyance of Development Rights and Open Area Easement and identified as Parcel 2 on that certain Parcel Map recorded in Book 89 of Maps at page 88, and further identified as Assessor Parcel Number 022-190-049. Executed this 12 th day of September 2000. h�NADOLAN, Chair Butte ounty Board of Supervisors ; . vZ State of California County of Butte On September 12, 2000 before me, Marion A. Reeves, Notary Public Name and Title of Officer (e.g., `Jane Doe, Notary Public') personally appeared Jane Dolan Name(s) of Signers) ® personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledge to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. re of Ndtary Public MARION A REEVES Commission ;# 117084011Z Z Notary Public - Califomia > y' Bulte County My Comm. Expires Jan 24, 2002 Title of Document: Termination of Conveyance of Development Rights and Open Area Easement for Scott Martin Date of Document: September 12, 2000 Number of Pages: 1' plus 1 notary page 00-183 Public Hearing - Scott Martin - Use Permit - consideration of an appeal of the Planning Commission's approval of a Use Permit to terminate the Conveyance of Development Rights and Open Area Easement of a homesite segregation agreement on property zoned A-5 (Agricultural - 5 acre parcels), and located on the north side of Chatfield Avenue, approximately 400 feet west of Azevedo Avenue in the Biggs area. The property is identified as APN 022-190-049 (SB [File No. UP 00-09]) - action requested: I ' SHOULD THE BOARD CHOOSE TO DENY THE APPEAL AND APPROVE THE USE PERMIT, STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS: A. DENY THE APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF A USE PERMIT TO TERMINATE THE CONVEYANCE OF DEVELOPMENT RIGHTS AND OPEN AREA EASEMENT OF A HOMESITE SEGREGATION AGREEMENT; 00-183 B. DETERMINE -THE PROJECT TO BE CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15303(a) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND C. SUBJECT TO FINDING III (A) AS DETAILED 1N THE STAFF REPORT DATED MAY 30, 2000, AND THE CONDITIONS OF APPROVAL AS DETAILED IN THE STAFF REPORT DATED MAY 30, 2000, APPROVE THE USE PERMIT TO TERMINATE THE CONVEYANCE OF DEVELOPMENT RIGHTS AND OPEN AREA EASEMENT OF A HOMESITE SEGREGATION AGREEMENT (BUTTE COUNTY RECORDER SERIAL NUMBER 82-34889, BOOK 2772, PAGES 521 THROUGH 526) AND AUTHORIZE THE CHAIR TO SIGN. ' 2. SHOULD THE BOARD CHOOSE TO UPHOLD THE APPEAL AND DENY THE USE PERMIT, STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTION: A. SUBJECT TO FINDING II (A) AS DETAILED IN THE STAFF REPORT DATED MAY 30, 2000, UPHOLD THE APPEAL AND DENY THE USE PERMIT TO TERMINATE THE CONVEYANCE OF DEVELOPMENT RIGHTS AND OPEN AREA EASEMENT OF A HOMESITE SEGREGATION AGREEMENT. (**1754)(***00) PUBLIC HEARING OPENED: 11:51 A.M. PUBLIC HEARING CLOSED: 12:20 P.M. MOTION: I MOVE TO DENY THE APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF A USE PERMIT TO TERMINATE THE CONVEYANCE OF _ BUTTE COUNTY BOARD OF SUPERVISORS -MINUTES -MAY 30, 2000-- - _ DEVELOPMENT RIGHTS AND OPEN AREA EASEMENT OF A HOMESITE SEGREGATION AGREEMENT; MOVE TO DETERMINE THE PROJECT TO BE CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15303(a) (CLASS 3)'OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. A CLASS 3 EXEMPTION CONSISTS OF THE CONSTRUCTION OF ONE SINGLE FAMILY RESIDENCE AND ACCESSORY STRUCTURES. SECTION 15300.2(a) FURTHER ALLOWS FOR A CLASS 3 EXEMPTION UPON CONSIDERATION OF WHERE THE PROJECT IT LOCATED. IT STATES THAT A PROJECT THAT IS ORDINARILY INSIGNIFICANT IN ITS IMPACT TO THE ENVIRONMENT MAY, IN A PARTICULARLY SENSITIVE ENVIRONMENT, BE SIGNIFICANT. THERE ARE NO ENVIRONMENTALLY SENSITIVE AREAS ON THE PROJECT SITE. SUBJECT TO FINDING III (A) AS DETAILED IN THE STAFF REPORT DATED MAY 30, 2000, AND THE ADDITIONAL FINDINGS THAT THERE HAS BEEN AN INCREASE IN HOUSING TO THE AREA, THAT THE AREA HAS DEVELOPED FROM A PRIMARILY AGRICULTURAL AREA TO A MORE AGRICULTURAL -RESIDENTIAL SETTING WHERE "RANCHETTES" ARE BUILT, AND AS A RESULT, THE AREA HAS SUFFICIENTLY CHANGED, FURTHER MOVE TO APPROVE THE USE PERMIT TO TERMINATE THE CONVEYANCE OF DEVELOPMENT RIGHTS AND OPEN AREA EASEMENT OF A HOMESITE SEGREGATION AGREEMENT (BUTTE COUNTY RECORDER SERIAL NUMBER 82-34889, BOOK 2772, PAGES 521 THROUGH 526) SUBJECT TO THE CONDITIONS OF APPROVAL AS DETAILED IN THE STAFF REPORT DATED MAY 30, 2000, AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: I Y 2 N 3 Y 4 Y 5 Y (Motion Carried) _---- -- - - -BUTTE COUNTY BOARD' OF, SUPERVISORS MINUTES - MAY 30, 2000 9:30 a.m. - Scott A. Martin, (Item determined to be Categorically Exempt from environmental review) Use Permit to terminate the Conveyance'of Development Rights and Open Area Easement of a homesite segregation agreement on property zoned A-5 (Agricultural - 5 acre parcels). The property is located on the north side of Chatfield Avenue, approximately 400 feet west of Azevedo Avenue, in the Biggs area. APN 022-190-049 (SB) (File # UP 00-09) Mr. Betts gave a brief summary of the hearing. He noted that homesite segregations are no longer permitted in the County. He said staff is recommending denial of this request. He stated that a letter was submitted from the City of Biggs opposed to this request. He said the applicant has submitted petitions from the neighbors in favor. I _ Commissioner Lambert said if a General Plan amendment and rezone are initiated, it should be by the applicant and not the Commission. She said there has been no change in the land uses on the property or in the project area since the homesite segregation was approved in 1982. Mr. Betts said that 50 percent of the parcels on Chatfield Avenue have dwellings and agricultural uses. Commissioner Lambert asked if this was granted, could they meet the 300 foot buffer required in the Agricultural Element? Mr. Betts said probably not. Commissioner Cage said she visited the property yesterday and the area is more residential than agricultural. The hearing was opened to the public. Scott Martin said there are truck farms in the area. He said he sees this as a residential area. He said he did not see large scale agricultural use in this area. He said the soil is more a Class 3 than a Class 2. He said a house on this property would only take out 1/4 or so of an acre. He said it was a fantasy to think there would be large scale farming on this property. Chairman Leland said the argument Mr. Martin is making is the opposite of the one that drove the agricultural segregation policy initially. The theory used to be they would enhance agriculture by segregating the agricultural use from the residential use. He said now you are arguing that you need a house on the agricultural parcel to encourage agriculture. Mr. Martin said he bought the property two years ago. He was aware that there was a restriction against building a dwelling on this property, but "I went out and looked at it and said this can't be right." He said he looked.at the property and said there should be a house there, and he figured it would be agreeable with the County. He said he read the restriction in the title report before he bought the property, but again when he went and looked around he thought there was no common sense purpose to the restriction. He said there are new homes in the area. He did not feel someone would move equipment to this 5 acre parcel and farm it without living there. Commissioner Lambert said the other houses are perfectly acceptable, except this parcel has a restriction that says no. She said this parcel has a restriction because the originator of the request had a 7 acre parcel he could not divide any other way in a 5 acre zone except to go through this, understanding the restrictions. She said Mr. Martin has the option of initiating a change in the General Plan and zoning. ■ BUTTE COUNTY PLANNING COMMISSION 0 MINUTES ■ APRIL 13, 2000 ■ PAGE I ■ Chairman Leland said change in the area has not happened. He said he has to ask himself if this same application for a segregation came in today would the County allow a simple lot split with both lots being buildable? He said the parcel was first split with a restriction on one that this would not increase the residential density, now this request would eliminate that restriction if approved. He said those two actions are the same as if the County had granted a simple lot split in the 80s. He said the question is has the situation changed so much that if this application for a lot split was brought to them today, would it be approved? He said whether or not this is a viable agricultural parcel is irrelevant, that decision was made when the zoning was imposed on this property. He said the parcel is more viable as agricultural land without a dwelling. He said agriculture and residential do not mix. Commissioner Cage asked staff about Option 3. Mr. Betts said those are the options listed in the Zoning Ordinance. He said the Commission can take this action if they wish. There was a brief discussion on whether the County should initiate the change for one individual parcel Mr. Martin said concerning the original agreement in 1982, it could be waived, and keep the property agricultural -residential which is in keeping with the area. He said if the object is to increase agricultural production then there should be a home here. Kim Paredes said she lives in the area. She said there are 7 dwellings on this road. She was in favor of this application. She said they are not asking to change the zone, that would change the area. She said the approved low income housing next to this property with 30 new homes, constitutes a change. She said the person who did the agricultural segregation at that time lived on that property. Commissioner Cage read the approval motion as listed on Page 4 of the Report as an option. Mr. Betts said the Commission could make that motion if they can make the findings of change, then this would be the appropriate action. Commissioner Mooney asked about setbacks for spraying in 1982. Commissioner Lambert said there were some, but she did not know what they were. Commissioner Mooney said the Agricultural Element changes the nature of the area. He said this would be a small ranchette and he was in favor of the request. Mr. Martin said it would be the reasonable thing to do. The hearing was closed. Chairman Leland said there is an inconsistency with allowing this to happen. He said he could not make the findings that conditions have changed in the area. He said this same request was denied two years ago and should still be denied. Commissioner Nelson said he thought the agricultural segregation should not have occurred. He said he would be in favor of a General Plan amendment and rezone or cancel the restriction. He asked what good would be accomplished by holding this one parcel out in this area from having a home. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ APRIL 13, 2000 ■ PAGE 2■ , Commissioner Lambert said if a General Plan amendment and rezone are initiated, it should be by the applicant. She said she could not make the findings to change the contract that was entered into. Chairman Leland said if you enforce the restriction the ordinance works. He said he.believes the property is more viable for agricultural use as it is now. Commissioner Lambert said there is still the question on whether or not there is a 300 foot buffer and whether this condition could be met. - Mr. Parilo said the Agricultural Element requires a 300 foot buffer when residential uses are being established. He said the question is whether it is required in an A zone or on property abutting the A zones. Commissioner Mooney said the Agricultural Element changes the character of the area. Chairman Leland said the applicant knew there was a restriction on the property when he bought it. Commissioner Cage said the lot looks like there is not agricultural use on it or in the area. She said she did not consider this an agricultural property. It was moved by Commissioner Mooney, seconded by Commissioner Cage, and carried to approve the request to terminate the Conveyance of Development Rights and Open Area Easement for APN 022-190-048 and 022-190-049 subject to the findings listed below. I. Determine the project to be Categorically Exempt from environmental review under Section 15303(a) of the California Environmental Quality Act. II. Approve the Use Permit to terminate the Conveyance of Development Rights and Open Area Easement (Butte County Recorder Serial Number 82-34889, Book 2772, Pages 521.through 526), on APN 022-190-049 for Scott A. Martin, subject to the conditions found in Exhibit "A" and based on the following findings: A. Circumstances regarding the property and other properties in the area have changed sufficiently to allow termination of the Conveyance of Development Rights and Open Area Easement. AYES: Commissioners Cage, Mooney, and Nelson NOES: Commissioner Lambert and Chairman Leland ABSENT: No one ABSTAINED: No one '� ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ APRIL 13, 2000 ■ PAGE 3■ DEPARTMENT OF DEVELOPME4SERVICES BUTTE COUNTY UNIFORM APPLICATION wrri.><a.A1'4 1: Agent inrormation to De proviaea is on other siae: APPLICANT'S NAME ( If applicant is different from owner an affidavit is required) ASSESSOR'S PARCEL NUMBER: S R. ►N 022- I a- o ADDRESS: CITY, STATE & ZIP CODE: FILE NU ER FOR O USE) 285 E Sac�rt2.w1�,� V�✓.e � .co t�. 5 Z NAME OF PROPOSED PROJECT (If any) TELEPHONE (S30) 8 -0 3o LOCATION OF PROJECT (MM��jor c ss streets and Address, iifiany ) We ID � I I � Gl�a��Ile, (d; C u,r 'e Id �?�eve BGG GENERAL INFORMATION REQUIRED OWNER'S NAME P- >coft7 , Yv� 4, " 7MHONE o) eq (f -o-4 3 0 ADDRESS: ,� f' 2.8 S E , SC• e'&4V1 e/b 1l2 (�f/� Go CITY, STATE & ZIP CODE: W Z- (o • t t' e r%,%to ZONE A-5- GENERAL PLAN C'e(d EXISTING LAND USE I low SITE SIZE ( in Square Feet or Acres ) S' o a – V6_C- S i4C-r-e S EXISTING SIRUCIURES (in Square Feet) PROPOSED SIRUCIURES (in Square Feet) V\,O1n Q. -"i ( t A&tr e ?-000 Sq (Check One) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED PROPERTY IS OR PROPOSED TO BE ON SEPTIC ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER PROPERTY IS OR PROPOSED TO BE ON WELL WATER APPLICATION REQUESTED ❑ GENERAL PLAN AMENDMENT ❑ REZONE RECEIVED MUSE PERMIT ❑ MINOR USE PERMIT FEB - 4 2000 ❑ VARIANCE BUTTE COUNTY ❑ MINOR VARIANCE PLANNING DIVISION ❑ ADMINISTRATIVE PERMIT ❑ DEVELOPMENT AGREEMENT ❑ TENTATIVE SUBDIVISION MAP ❑ TENTATIVE PARCEL MAP ❑ WAIVER OF PARCEL MAP ❑ BOUNDARY LINE MODIFICATION ❑ LEGAL LOT DETERMINATION ❑ CERTIFICATE OF MERGER ❑ MINING AND RECLAMATION PLAN ❑ OTHER P • ROJECT DESCRIPTION FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. if this application is for a land division , describe the number and size of parcels.) o 144 QS I' f e -5e Yr2 �CM r e me-tt- reS+1 �res N4AJA-I'14 kkle -F s s � e M02_ . OWNER CERTIFICATION I CFKI'IFY TIIAT I AM PRESENTLY THE LEGAL. OWNER OR THE AUTHORIZED AGENT OF TI -IE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER. I ACKNOWLEDGE TILE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF TFIE ABOVE INFORMATION IS TRUE AND ACCURATE. (If ggent is to be authorized, execute an affidavit of authorization and incl ee a affida�vvi�his application.) DATE: 3 2&D SIGNATURE: lute tt� l lb AGENT AUTHORIZATIO To Butte County, Department of Development Services; Print Name of Agent and Phone Number Mailing Address is hereby authorized to process this applicatio for: on my property, identified as Butte County Assessor Parcel Number:_ This Authorization allows representation for all applications, hearings, appeals, etc. and to sign all documents necessary for said processing, but not including document(s) relating to title interest. Owner(g) of Record: (sign and print name) Print Name Print Naute Signature Signature Architect and/or Engineer: Print Name of Aruhitect/Engineer and Phone Number Mailing Address Current fee for this application is $ as of Make check payable to "Butte County Treasurer". Payment of the currently required Application Fee and/or Deposit (Any unused portion of a deposit) will be returned upon final action. FOR OFF�I^C�E USE ONLY Taken by Date Received: V31du Total Amount Received: D (O. Jy Receipt No. Plannin E.H. JJW 01 Land Dev. Fire Dept. `f _,eaP Number(s) _ Legal Description ✓Owners Authorization _ Zoning Requirements Project Description — Copies of Plot Plan RECEIVED FEB - 4 2000 COUNTY OF BUTTE ENVIRONMENTAL INFORMATION FORM BUTTE COUNTY (To be Completed By Project Applicant) PLANNING DIVISION Date Filed General Information: 1. Name and address of owner, and/or developer, and/or project sponsor: 2. Address of project: w C S t- 0 1 IS r'e AM 9 r'Aa S Assessor's Parcel Number: O Z 2– 14 0– O!1 9 3. Name, address, and telephone number of person to be contacted concerning this project: 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: to S2 4 5. Existing general plan designation: e_ S 6. Existing zoning district: 7. How is land currently used? --ra Propgsed use of site (Project for which t is form is filed): Ices , aA car c-4" r Project Description: 9. Site size: ► J>~ (Acres/Sq. Feet) 10. Off-street parking spaces: Full size: Compact: Total: 11. Plans attached Yes —No 12. Proposed development schedule 13. Associated projects 14. Anticipated incremental or phased development 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. 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area and loading facilities. 17. If industrial, indicate type, estimated employment per shift, and loading facilities. 0 Butte County Department of Development Services 0 Planning Division 0 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. 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. 21. Change in scenic views or vistas from existing residential areas or public lands or roads. 22. Change in pattern or character of general area of project. _ ✓ 23. Significant amounts of solid waste or litter. 24. Change in dust, ash, smoke, fumes or odors in vicinity. _ ✓ 25. Change in bay, lake, river, stream or ground water quality or quantity, or alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. _ 27. Site on filled land or on slopes of 10 percent or more. _ ✓ 28. Use of, or disposal of potentially hazardous materials, such as toxic substances, flammable or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, etc. including special districts). _ �✓ 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). _ 31. Relationship to a larger project or series of projects. 0 Butte County Department of Development Services 0 Planning Division U 2 6 1 0 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. 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. 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 Signature for K:\FORMS\SUBMITTAL\ENV-INFO ❑ Butte County Department of Development Services ❑ Planning Division ❑ 3 • RE C INE L FEB4 2000 BUTTE OUNTY PLANNING DIVISION -da 7FFICIA: REeoco, BUTTE Vre �:auF _CONVEYANCE_OF DEVELOPMENT RIGHTSnECaRVS OEvV_, : _r0 3%p AND-OPEN AREA EASEMENT Nw �3 04 13 PN Ia�/ R� }_ NOR N. BEICKER r " �eRE-RECOROER This Conveyance of Development Rights and Open Area Easement, ade this S" -day of cemgelZ ', 1982 , by and between II 89 JNC;.S HARVEY POWEI.L & 111ELMA G. POWE LL , i as Grantor(s) in consideration of the approval of a use permit cokes) i hereby grant to the COUNTY OF BUTTE, as Grantee, hereinafter �eferred to as County, the development rights hereinafter set forth for thelterm and subject to the covenants and conditions set forth below in thlle property described in Exhibit "A" as Parcel 2, attached hereto and madl a part I thereof, for the express purpose of maintaining such property for agricul- tural use and as open area. - R E C I T A L S: WHEREAS, pursuant to the County's General Plan, the County�has.determined that the property of Grantor(s) described in Exhibit "A" is agr'cultural 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 WHEREAS, in furtherance of such policy, the County has oned the property described in• Exhibit "A" to an Agricultural Zone; aid WHEREAS. Grantor(s) desire(s) to create a lot for the pt�rplose of maintaining a single family residence thereon, such lot being described as �•r Parcel 1, in said Exhibit "A"; and WHEREAS, Grantor(s) has (have) applied dr! and been granted approval of the use permit pursuant to the provisions'of the Butte Countfy Section •24-54 to permit the maintenance of such resideiiea thereon; a dl , F-► iy.,.r n WHEREAS, in order to preserve and maintain the agricultyral purposes i of the Agricultural Zone in which the properties described in Exhibit "A" are located, and to maintain the consistency of said zone with the policies set forth in the County's General Plan, it is necessary and desirable that Grantor(s) convey to the County the right to construct additional residences on the property described in Exhibit "A" as Parcel 2;'and WHEREAS, it is the intent of the Grantor(s)' and the purpose of this I grant of development rights to allow the Grantor(s) to maintain; a residence on the lot described as Parcel 1 on Exhibit "A" and prohibit thf e maintenance of residences on the property described in Exhibit "A" as Pa�cel 2 so as to neither increase nor decrease the number of residences permi ted by the zone ' I in which the said properties are located. THEREFORE, in consideration of the approval of the use permit granting permission to Grantor(s) to maintain.a_single_Jafi.ily residence on Parcel 1 for the purpose of maintaining Parcel 2 as open area for agr�cu,ltural pur- poses, Grantor(s) grant(s) to the County an Open,Area Easement `with Grantors) and their successors' right to construct and maintain any residential uses on the property described in Exhibit "A" as Parcel 2 subject ti the following terms and conditions: + 1. Grantor(S) reserves) the right to construct or maintain any agri- cultural buildings or to use Parcel 2 for any agricultural u�ei otherwise permitted by ordinances duly adopted by the County;, or ordin n'es hereinafter adopted by the County to regulate the use of the`property described as Parcel 2, except any rights to construct or maintain any accesfiory buildings. subject to any regulations or limitations set forth in any such ordinances. • d. •2. Nothing in this instrument shall be construed to a lfect the right of Grantor(s) to lay, operate, maintain, repair, or removg water and sewer pipe lines, conduits, or drains below the surface of the described in �reia Exhibit "A" as Parcel 2 insofar as such activities are nol ii ncidental to establishing any residential use of said area, and are no in conflict Nith the provisions of this Grant. 3. This grant of development rights shall not be construed to permit the public to enter upon the properties described in Exhilit "A" for any purpose whatsoever. 4. This easement and grant of development rights sh�ll terminate and the rights granted to the County herein shall revert to G antor(s) upon the occurrence of any of the following events: - a. The property is rezoned to any other zone; or. b. At least ten (10) years ---has elapsi4;4-rom date of recordation, and the Commission finds circumstances, regarding sai property and other properties in the area have changed suffic eltly to reconsider -the restriction. S. Grantor(s) agree(s) that this document may be re :o ded in the Butte. County Recorder's Office. IN WITNESS WHEREOF, The Grantor(s) has (have) caused these presents to . be executed as of the day and year first above written. i JAMS HARVEY PDVE. .� MOM G. POWELL GRANTOR(s) 1 ATTACH NOTARY PUBLIC VERIFICATION •u •; C FLS 1: w el. I 1 Van a_ CALIFQZIIIA # BUTIE tnuim a . 1 pt o�_8�2 ,sTM i9.a2. before me, the undersigned, a Notary Public in and for said Slott, personally aguled ` JAMES HARVEY POWELL— —_ — — 'If�IJiiL—G-FURELL I Anown to me, I' tirr3� sUFFI('J,�I. 5 AS, to IP the persona %hose name• suhsc oW, to tht within Intrad. t (t�Y �' �, 1L:..! D. (:'."iili•, f F.ASDN and acknor,led ed to ma that _..7%3L.'.tstcuted the UML BIT It 'XIVVY E.ry'm r. 20, roes i(tfiESS mlha rd and official seal f< 4n�7•IO,:ulte��yn1--R'r,�.Ra erg OIJw, aM aL�Jrl R�1K I�r u4 SUM. • - _ _ i =•—rte— , . � - � - ! 77 EXHIBIT "As ►f+fl►ffffR.ffRRfRRf Rf ►fffffffffff►►Af RfR!'►►fffff♦ fffR `�f fff►Rf PARCEL l j t All that real property described as the westerly 192.1Wfeet of + the easterly 332.00 feet of the southerly -483.00 feet of Lot 31, f, Bigg's Colony tl, according to the official map thereof as filed / for record in Book 6, Butte County Recorder's Office,' at Page 88, lying in Section 24, Township 18 North, Range 2 Ea t,; M.D.M., Butte County California. Excepting therefrom the southerly 30.00 feet of said ti31. END OF DESCRIPTION . AffAAAAAfffAffRffRfAAAAAAfff /f AARAf ►ff�:fNfAffffff ♦ff• fAAff AffAA► AfARfAAAffffffAAfffAffAAffffAA AAffAf AfffffffAf AffffRAf ►AA AAffffAf PARCEL 2 All that real property described as Lot 31, Bigg'a �olony /l, according to the official map thereof as'filed for recird in Book i 6, Butte County Maps, at Page 88, lying n Section 24 Township 18 North, Range 2 East, M.D.M., Butte County, California.` .i Excepting therefrom the southerly 30.00 'feet of said �t 31. I Excepting therefrom the easterly 140.00 feet of said Ldt 31. Excepting therefrom the southerly 483.00 feet of the westerly 192.00 feet of'athe easterly 332.00 feet of -,said Lot 31. END OP ,DESCRIPTION '', / AARfffAlfffffAffAfff►AfAAAA►Af Affffff Afff f.�fllf Afffff♦ AfiRfffARff CIO CA III ►f+fl►ffffR.ffRRfRRf Rf ►fffffffffff►►Af RfR!'►►fffff♦ fffR `�f fff►Rf PARCEL l j t All that real property described as the westerly 192.1Wfeet of + the easterly 332.00 feet of the southerly -483.00 feet of Lot 31, f, Bigg's Colony tl, according to the official map thereof as filed / for record in Book 6, Butte County Recorder's Office,' at Page 88, lying in Section 24, Township 18 North, Range 2 Ea t,; M.D.M., Butte County California. Excepting therefrom the southerly 30.00 feet of said ti31. END OF DESCRIPTION . AffAAAAAfffAffRffRfAAAAAAfff /f AARAf ►ff�:fNfAffffff ♦ff• fAAff AffAA► AfARfAAAffffffAAfffAffAAffffAA AAffAf AfffffffAf AffffRAf ►AA AAffffAf PARCEL 2 All that real property described as Lot 31, Bigg'a �olony /l, according to the official map thereof as'filed for recird in Book i 6, Butte County Maps, at Page 88, lying n Section 24 Township 18 North, Range 2 East, M.D.M., Butte County, California.` .i Excepting therefrom the southerly 30.00 'feet of said �t 31. I Excepting therefrom the easterly 140.00 feet of said Ldt 31. Excepting therefrom the southerly 483.00 feet of the westerly 192.00 feet of'athe easterly 332.00 feet of -,said Lot 31. END OP ,DESCRIPTION '', / AARfffAlfffffAffAfff►AfAAAA►Af Affffff Afff f.�fllf Afffff♦ AfiRfffARff CIO CA CERTIFICATE OF ACCEPTANCE THIS is to certify that the interest in real property conveyed by the within deed or grant dated from i JAMES HARVEY POWELL & THELMA G. POWELL, to the County pf�Butte, a political subdivision, is hereby accepted by order of he Board i of Supervisors on November 9, 1982, and the grantees c nsects to, recordation thereof by its duly author ed,officer. I By airman o —Ewe — B tte County Board o Supervisors ATTEST: ELEANOR M. BECRER, County Clerk`''and Bx-o'ffieio Clerk of the Board B r NOTICE OF EXEMPTION TO: _ Office of Planning and Research FROM: Butte County Planning Division 1400 Tenth Street, Room 121 7 County Center Drive Sacramento, CA 95814 Oroville, CA 95965 X County Clerk County of Butte 25 County Center Drive Oroville, CA 95965 , 012 0"t"" Project Title: UP 00-09 Use Permit t—= -- L NDACE 1 �Et P'�, °,L i 'Y, �; ERIE Assessor's Parcel No.: 022-190-049 - - Applicant: Scott A. Martin, 285 E. Sacramento Avenue, Chico, CA 95926 Project Location -Specific: on the north side of Chatfield Avenue, approximately 400 feet west of Azevedo Avenue, in the Biggs area Project Location -City: Biggs Project Location -County: Butte Description of Nature, Purpose and Beneficiaries of Project: Use Permit revoking a homesite segregation agreement Name of Person or Agency Approving Project: Butte County Board of Supervisors Exempt Status: (Check (One) Ministerial (Sec. 15073) Declared Emergency (Sec. 15071(a)) Emergency Project (Sec. 15071 (b) and (c)) X Categorical Exemption. State type and section number: 15303 (a) Reasons why project is exempt: Single-family residences not in conjunction with the building of two or more such units. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption. Contact Person: Stephen Betts Telephone: (530) 538-7601 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes No Date Received For Filing: ignature, andy Wilson Principal Planner K:\PLANNING\PROJECTS\UPC\MARTIN.UP\NOELTR.WPO V ILE to?l • • `u o" 19 -71 AS DATE RECEIPT NO. TOTAL RECEIVED PUBLIC WORKS PUBLIC LAFCO PLANNING SALES ENV. FIRE NOE/NOD OTHER APPLICANT HEALTH F/O FEE OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING RECEIPT 18711 1581 ISSU D By ROBINA A FAWNS 90-78/1211 P BOX 530-868-1701 BIGGS, CAA v 85917 19 PAY TO THE ORDER 0 DOLLARS ,Idler Office 74 GRIDLEY ROAD wdfiMmo GRIDLE.8 0-488.CALIF269 959ee FOR 2 L L00 78 21: L 58 III L L 706 38133,19 RECEIVED FROM C`DECLARATION OF FEES D980 alifornia Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT Scott A. Martin 285 E. Sacramento Avenue Chico, CA 95926 FILING NO. Project Title/file number: Use Permit / UP 00-09 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXENITTION/STATEMENT OF EXEMPTION (X) A. Statutorily or Categorically Exempt $25.00 Clerk's Documentary Handling Fee () B. De Minimus Impact - Certificate of Fee Exemption $25.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION - FEE REQUIRED O 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). 2. () NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Randy Wilson Title: Principal Plannf Lead Agency: Butte Cc 190WOTMI,. 1 111 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. 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: REZ 00-02, on the northeasterly side of Nord Avenue (Highway 32), approximately 650 feet southeasterly of 8th Avenue Project Description: Rezone from C-1 (Light Commercial) to C-2 (General Commercial) Findings of Exemption (attach as necessary): 1. The County of Butte has conducted an initial study and prepared a Negative Declaration 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. Principal Planner Lead Agency: County of Butte Date: October 19, 2000 N 40' MEMORANDUM PLANNING DEPARTMENT TO: Butte County Assessor's Office FROM: Butte County Planning Department SUBJECT: Scott A. Martin, UP 00-09 DATE: October 19, 2000 Pursuant to Section 65863.5 of the Government Code, the following parcel identified as 022-190-049, was: Rezone from to zoning district. Granted a variance to A Issued a conditional Use Permit revoking a homesite segregation agreement, on the north side of Chatfield Avenue, approximately 400 feet west of Azevedo Avenue, in the Biggs area,A-5 (Agricultural, 5 acre parcel) October 19, 2000 Scott A. Martin 285 E. Sacramento Avenue Chico, CA 95926 Re: Use Permit, AP 022-190-049, UP 00-09 Dear Mr. Martin: N ,butte Co 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 Enclosed is your validated Use Permit No. UP 00-09 to allow Use Permit revoking a homesite segregation agreement located at on the north side of Chatfield Avenue, approximately 400 feet west of Azevedo Avenue, in the Biggs area. 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. ncerely, Roland Parks OA III Enc. cc: Land Development Division Building Division Environmental Health Department of Forestry j:\temp\up7 r November 29, 2000 Scott A. Martin 285 E. Sacramento Avenue Chico, CA 95926 RE: - Use Permit, File No. UP 00-09 Dear Mr. Martin: • ,butte C L A N D O F NAT U RA L W EA LT H A N D BEAUTY 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 The total cost for the processing of the above -referenced application, which was approved by the Board of Supervisors on May 30, 2000, is $765.75.. The cost exceeded the deposit by $65.75. Please note that charges for the processing of the application are only through April, 2000, and does not include the time spent on the appeal. You are not be billed for the appeal process. Following is a breakdown: Deposit on 2-3-00, Receipt No. 18180 $700.00 Professional Planner $472.00 Mapping $ 73.75 Clerical $2200.00 Total $765.75 Total Amount Due & Payable $ 65.75 Please make a check payable to the Butte County Treasurer in the amount of $65.75 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, M Fo Thomas A. Parilo Director of Development Services TAP:jb Date 11/30/00 Aevelopment Services aDe .,ent P Time 1:52 pm Applicant Billing Worksheet APL 00-10 * APL 00-10 In reference to APL 00-10 for UP 00-09 Rounding None Full Precision No Last bill Last charge 10/27/00 Last payment / / Amount Date/Slip# Description 04/17/00 Steve B. / P 429576 Processing 05/01/00 Steve B. / P #29825 Processing 05/15/00 Steve B. / P #30177 Processing 05/15/00 Lynn R. / C #30207 Clerical 10/16/00 Roland P. / C #32683 Clerical TOTAL BILLABLE TIME CHARGES TOTAL BILLABLE COSTS TOTAL NEW.CHARGES PAYMENTS/REFUNDS/CREDITS 04/24/00 Deposit - Receipt #286683 11/30/00 Non -Deposit Application TOTAL PAYMENTS/REFUNDS/CREDITS NEW BALANCE TOTAL NEW BALANCE Page 1 HOURS/RATE AMOUNT TOTAL i.00 59.00 59.00 3.50 206.50 59.00 2.25 132.75 59.00 1.50 67.50 45.00 1.00 34.00 34.00 9.25 (50.00) (449.75) $499.75 $0.00 $499.75 %Y. . 1-1 $0.00 September 25, 2000 Eatte, C 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 Scott A. Martin 285 E. Sacramento Avenue Chico, CA 95926 Re: Use Permit, APN 022-190-049, File UP 00-09 Dear Mr. Martin: At the regular meeting of the Butte County Board of Supervisors held May 30, 2000, a Use Permit terminating the Conveyance of Development Rights and Open Area Easement on APN 022-190-049, was" granted. on the north side of Chatfield Avenue,' approximately 400 feet west of Azevedo Avenue, in the Bigg's area. 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. a Enclosed are two copies of your Use Permit. Please sign both copies of the Use Permit and return them to this Division as soon as possible. f 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 certified 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. A Notice of Exemption (NOE) should be filed for purpose of completing the California Environmental Quality Act requirements. The fee for filing the NOE is a $25.00 document handling fee. A check made payable to the Butte County Treasure in the amount of $25.00 should be submitted to the Planning Division in order to complete the process. P 298 037 906 Receipt for _Certified Mail ed "41* 5 - No Insurance coverage Mail afimmm Do not use for Inter (See Reve Sent to00 N Street and No. m P.O.. State and ZIP Code C) C7 Postage 0 10 ;7 --I Certilied Fee - n > D Special Delivery Fee (0 z D CJ1 �] Restricted Delivery Fee N O O) z Return Receipt Showing D tp Whom & Date Delivered Return Receipt Showing to m t_ Date, and Addressee's Ad( TOTAL Postage `( O. & Fees II C) Postmark or Date M E 0 LL rui 0— 9. Should you have any questions regarding this matter, please contact Stephen Betts at the Planning Division between the hours of 8:00 a.m. to 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant /lr t± MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION To: Marion Reeves, Clerk of the Board From: Steve Betts (x 7153)S� Subject: Termination of Conveyance of Development Rights and Open Area Easement for Scott Martin, Project # UP 00-09 (APL 00-10) Date: September 5, 2000 Attached please find the Certificate of Conveyance of Development Rights and Open Area Easement for Scott Martin. Neil McCabe reviewed and approved the Certificate today. If you see any problems with it please let me know so that 1 can make the appropriate changes. We still have to send out the Use Permit for signature by the applicant. Once we receive the signed Use Permit we will forward it to you for signature by Supervisor Dolan. Thanks. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CLERK/BOARD OF SUPERVISORS 25 COUNTY CENTER DRIVE OROVILLE, CA 95965 CERTIFICATE OF TERMINATION OF CONVEYANCE OF DEVELOPMENT RIGHTS AND OPEN AREA EASEMENT Notice is hereby given by the Board of Supervisors, County of Butte, State of California, that pursuant to action taken by said Board at its meeting of May 30, 2000, the following Conveyance of Development rights and Open Area Easement has been terminated: Conveyance of Development Rights and Open Area Easement executed on October 5, 1982, by James Harvey Powell and Thelma G. Powell, accepted by order of the Board of Supervisors on November 9, 1982, and. recorded in the Official Records of Butte County on November 23, 1982, in book 2772 of Records, at Pages 521 through 526, and identified as document number 82-34889. Pursuant to said termination, the County of Butte releases to the owners of the land the development rights which had been conveyed to it by the said Conveyance of Development rights and Open Area Easement, namely, the right to construct and maintain residential uses on the property described as Parcel 2 in Exhibit "A" of said Conveyance of Development Rights and Open Area Easement and identified as Parcel 2 on that certain Parcel Map recorded in Book 89 of Maps at page 88, and further identified as Assessor Parcel Number 022-190-049. Executed this th day of September 2000. JANE DOLAN, Chair Butte County Board of Supervisors STATE OF CALIFORNIA) )ss. COUNTY OF BUTTE ) On , 2000, before me, Marion A. Reeves, a Notary Public, personally appeared Jane Dolan, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary INTER -DEPARTMENTAL MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION To: Neil McCabe From: Steve Betts SPi Subject: Martin Use Permit - Termination of the Agricultural Segregation Agreement Date: June 6, 2000 Marion requested that a certificate be drafted for Supervisor Dolan's' signature terminating the agricultural segregation agreement on the property. Attached please find a draft of the certificate. Marion suggested it be based on the certificate for termination of a Williamson Act agreement, so I copied that form, changing the appropriate items. Please review the attached document and let me know if it is acceptable Thanks. NINA LAMBERT 1643 Chico River Road Chico, CA. 95928 May 30, 2000 Board of Supervisors 25 County Center Drive Oroville, CA. 95965 Re: Scott R. Martin APN 022-190-049 File No. UP 00-091 Ladies and Gentlemen, Several documents are provided to support my request for your consideration and interpretation regarding this request to terminate the conveyance of development rights and open area easement of a Homesite Segregation agreement. This request for termination could be precedent setting, and I felt it was necessary to bring the matter before the Board of Supervisors for clarification regarding appropriate and legal findings necessary to terminate a contract that involves policy contained in the General Plan pertaining to preservation of agricultural land in Butte County. . This appeared to me to involve more than a simple matter of allowing just one more home on just one more five acre parcel on just one country lane in a rural residential area of Butte County. The cumulative effect of at least 41 other known Homesite Segregations, and the credibility of proposed "tools" being considered in the Agricultural Element of the General Plan such as Transfer of Development Credits also involving an "agreement" to preserve agricultural land "in perpetuity" could present some of the same issues and concerns. Thank you for the opportunity to present this matter to you. Sincerely, l�aLarftl�� nl 04/11/'Lt30t) lt): J4 lylb:ib115/4 PMC PAGE 01/01 ,p CITY NALL (919) 999.969, C1TY8MOP 19�e)999-930 ..��r� il�• etoj�o oio+ l%�oLjilohb er� �LO��ogr� E t Ire S07 -California 95917 April 10, 2000 Mr. Steve Betts BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SFRVICES Pla=ing Division 7 County Center Drive .Oroville, CA 95965 Re: File #UP 00-09, APN 022-190-049 Dear Mr. Betts: I am writing in regard to the above noted project referral that was circulated on March 7, 2000. As I mentioned today, the referral was not routed properly within the City and reached my desk only today. Therefore, I am requesting that you forward these comments to the County Planning Commission for consideration during their upcoming meeting. In general, the City wishes to discourage parcelization of land in the near vicini to the City of Biggs. While not located within the City sphere of influence, the subject parcel is located in an area that ultimately will be appropriate for urban development. At such future time, development should occur ata density. Further parcelization of this area and construction of wells and septic systems will reduce the efficiency of extending urban services and will impede orderly growth when such growth becomes appropriate. Within your referral, the document that conveyed the development rights states that the easement and grant of development rights shall teM nate only. when the property is rezoned or when "circumstances regarding said Property and other properties in the area have changed suff ciently to reconsider the restriction." It do not ,) appear that circumstances in the area have cringed substantially and the general character and use of this land remains agricultural and rural residential. Unless it is the County's intent to promote large lot, rural residential development in this area, it does not appear appropriate to release the development restrictions. Thank you for your consideration. Sincerel , ""--'CITY OF BIGGS i Paul Junker City Planner ■ AGRICULTURAL ELEMENT ■ Issue: Too many unrelated uses allowed in current agricultural zones result in land use conflicts with existing agricultural operations. Goal 3 Support the management of agricultural. lands in an efficient, economical manner, with minimal conflict from non-agricultural uses. Policies 3.1 Apply the County's Right to Farm Ordinance to all non-agricultural land use approvals, including building permits, within or adjacent to designated agricultural areas. 3.2 In order to preserve the maximum amount of land for commercial agricultural production and to avoid conflicts, restrict non-agricultural uses in the Zoning Ordinance, including, but not limited to, water ski lakes, riding stables, " golf courses, residential subdivisions, and industrial and commercial uses not directly related to agriculture on agricultural lands. Public uses, including but not limited to, sewer treatment plants, drainage facilities, and energy generating facilities shall be permitted subject to a Use Permit. Such facilities shall be carefully located so as not to unduly interfere with existing or planned agricultural activities. 3.3 Discontinue Agricultural Segregations for homesites (life estates serve the same purpose). 3.4 Continue Agricultural Segregations for agricultural processing while requiring an agricultural conservation easement on the remaining land,la vegetation buffer of 6 to 8 feet at full growth around the processing use, and a 200 -foot setback from the agricultural area. 3.5 The primary purpose of the Orchard and Field Crop and Grazing and Open Lands land use categories shall be for agricultural production, related processing, and services in support of agriculture. Residential uses, such as the farmer's home, in these categories are secondary uses and are permitted on a limited basis to assist and support agriculture. 3.6 Carefully locate residential lands where limited agricultural uses and farm animals are allowed, to avoid conflicts with agricultural operations. This includes, but is not limited to, commercial stables, and the raising of exotic animals. ■ BUTTE COUNTY COMPREHENSNE PLAN ■ EXHIBIT A - Adopted May 9, 1995 AE- 13 T. 8 N.R. 2 E. M. i? B. a -M. l8 660 330.07 330.07 1 2 9s7Ac /\Oy�. 46 a7 34 �o �o 4.77Ac 4.7 7Ac PM 77-26 330.07 1 330.07 j�/�30.07 COL 01V Y NO. /330.0 4� O 45 6 42 � 43 0 4a ch�F5 506 AC 'O N to 10.06AC 5.08AC 4.99AG n 330.09 660.00 330.09 330.09 I 3/ 67.75+ Ac rax 22-10. 57-31 13 308 7 I8 20+ 24 19 I 724 AC. i 2.81 3/ I 30 I P9 Iii= 400' 6 I 660 i - I i BK2 �8 � 15 47 49 49 12 6.97 Ac � /0.3.9,.,7G. + I �J 0 35 w • 1 I in 3 a. _ BK25 BIGGS COL. NO. 2 � 3 12 18 j 17 4 /93�;1ci o/%t. I 230.63 � 674 K6 s= to VI O OF AN UICH 11 21 3 5 . 14oa-M-73M �;----------- �'•y1• • , ------- --- T.18N. R.2E. M.D.B.&M. P7175-26 22-19 , NQIFA TMse p4rc9lc ore far assess+ent pupocec Daly and Aay Dot —1 tl4Ate legal pnrc9la S7 F16-1 18 >o 2 •Iar 1410 -gje4 AID948'1?E nw. _ ....HA2+. ID 2126 IT -e ------__ 39 S8 59 O 46 2 47w 37 37136 $ AC 616 EC 3i 59 C57 AC s AC s Aa 33 19 AC 4.77 AC ®lY 4-V AC77'29 • § FU � .I RS 121-67 elm 7!44,1 CO�OW "°'` NOA :� 27 � � lU � 42 43 312 44 4S 12 IMACI2 13 55 t 41 I f; 42 I 1 43 / 1 45 41 47 49 49 19.09 Ac I 25.1 Ac sJsSMAC sAc ,608 Ac 606 k 199 Ac ,0.39 K 10 Ac 675 ACL �;----------- �'•y1• • , ------- --- P7175-26 S7 O.22 ACL >o 2 s0 131 AOL 52 231 AP.! O64 s1 11.n AOL 63 • § 31 � --------------------- 36M ACL 01WJ tvv.2 67.79 AM l8 SI 1� F� 221, 19J2 AC 493 AU 62 7.16 ACL goes CMANY eat MMR. OK. arc. ea 20 RWM t2-0 Assessor's Map No. 22-19 gots a+r 0aRDs VAR. IM s M 103 County of Butte. Calif. 0 RE: SCOTT R. MARTIN April 13, 2000 Planning Commission Hearing Transcription from tape recording obtained from Development Services Dept. Public hearing on the application by Scott Martin for a Use Permit to eliminate restrictions on development rights on a 5 acre parcel in Biggs on Chatfield. The Staff Report indicates there is a video. (Stephen Betts) - I don't have one, I mean I took one, but I don't think we have it up here, so I apologize for that. (Inaudible question). (Stephen Betts) - The video? Uh, yes it does. (Inaudible question). (Stephen Betts) - We probably could. (Chuck Nelson) - We could see it ... well, I was going to say we could go ahead and get started with ... (Rick Leland) - For the record, I have seen the property, so I personally don't (Lee Cage) - I was there yesterday. (Chuck Nelson) - I've seen the plat map. That's fine, that's fine. (Rick Leland) - Ok. Maybe, if we, as things go on, if we feel the video is crucial, maybe we can post -pone and ask for the video, but for now I propose we just proceed without the video and make a decision without it. (Stephen Betts) - Ok, I will go on with my presentation. Thank you, Mr. Chairman and Commissioners. This is an application for a Use Permit to terminate the Agricultural Segregation Agreement that is on the property. This Agreement was approved on July 8, 1982, and basically what it did was it created two parcels, one a 2 -acre parcel for a homesite and then a 5.5 acre parcel for agricultural use. That is the only use that can occur on the 5.5 acre parcel, just agricultural uses, no residential use whatsoever. The terms of the agreement allow for termination of the agreement only upon the occurrence of any of the following events. There are two of them. One is that the property is rezoned to any other zone, and the other one is that at least 10 years has elapsed from the date of recordation of the agreement, and the Planning Commission finds circumstances regarding the property and other properties in the area have changed sufficiently to reconsider the restriction. A previous request to terminate this agreement was denied by the Planning Commission on March 27, 1997. The Commission voted unanimously to deny the termination with the findings that the property and other properties in the area have not changed sufficiently to reconsider the restriction, and a copy of the Minutes from that hearing were attached to the Staff Report for your review. I'd like to point out that new Homesite Segregations are no longer allowed in the County with the approval of the Agricultural Element of the General Plan that discouraged agricultural segregations for homesites. The County has not processed any since that time. There are no agricultural uses currently established on the property. It is mainly mostly grasses, there are.berry bushes surrounding portions of that. In the area there are agricultural uses across the street, there are livestock and I believe sheep out there, as there are on other properties in the area. There are also orchards. All of these appear to be viable agricultural properties. Some are fairly small in size, and range in size from 5 to 10 acres with some slightly larger parcels, but again a lot of these are with agricultural uses. As far as Staff can tell, there have been no significant changes in the area, and the Agreement back in 1982, and since 1997 when the Planning Commission denied this previous attempt to terminate the Agreement. The Zoning has not changed. It is still A-5 as is the surrounding area. The General Plan Designation has not changed. It is Orchard and Field Crops, and that also remains the same. We did just receive a letter from the City of Biggs expressing their concerns about this. They would like the Agreement to stay as it is. While this project site is not within their Sphere of Influence, it is in an area that they will some day down the future will control most likely will be in the City and they would like to preserve the current uses as is, and the current parcel sizes as is until such time as that area is developed for higher density residential development. We are recommending the Planning Commission deny the Use Permit. The Zoning Ordinance does give you several options with regards to various options here. One is to terminate, or partially terminate, the Covenant, or the Agreement, and remove the conditions, or you can extend the Covenant for a period not to exceed 10 years, or you can consider the area for a change of the Land Use Designation from the General Plan of Orchard and Field Crops to some other Non-agricultural Land Use Designation. Those are the 3 options that the Zoning Ordinance allows the Planning Commission to consider. We have given you alternative actions if the Planning Commission does decide to go ahead with appropriate conditions and findings. 2 I'd like to add, the applicant has submitted a Petition from residents of the area, and they are not opposed to this. There are approximately 19 or 20 signatures on the Petition that was attached to your Staff Report. That concludes my presentation. I would be happy to answer any questions. (Chuck Nelson) - Are there any other Ag Segregation ... uh, are there any other of these parcels that have been segregated? Or is this the only one? (Stephen Betts) - This is the only one. (Michael Mooney) - I notice you ... of the three options, you only gave us actions for a single one? Uh, Item #3, consider the area for a change in designation... it seems the letter from the City of Biggs indicates it is going to be high density at some point and time, so is that... (Stephen Betts) - That is an option.... (Michael Mooney) - Would you care to discuss Option #3? (Stephen Betts) - That is an option you can explore. If you feel the area is no longer appropriate for Orchard and Field Crops, then you might want to direct Staff to. look at a possible General Plan Land Use Designation change for that area. (Michael Mooney) -But that is going to happen anyhow. The City of...Gridley to Biggs is going to be slated for development. (Stephen Betts) - Sometime in the future. (Michael Mooney) - So are we just going to drag our feet until somebody... (Nina Lambert) - Well, the applicant and the neighbors who seem to favor a change could also initiate an area -wide Rezone and General Plan Amendment if they choose, but I don't think it is our responsibility to initiate that. I think if the applicants, and they have a petition of the area -wide neighbors who support something different, they should initiate and request and apply for a Rezone, General Plan Amendment. (Michael Mooney) - So why did we do a Rezone and ...in the little town of Nord? (Nina Lambert) - Um hum. (Michael Mooney) - We initiated that. (Nina Lambert) - Right. We were wrong. We were showing some inconsistencies. 3 • .! (Michael Mooney) - We're never wrong. (Nina Lambert) - We were showing some inconsistencies in that area between the General Plan and the Zoning. But, this is something that the people entered into a Contract and it was appropriate at the time, but I think if they want, there has been no change, there has been no General Plan Change, there has been no Rezone, there has been no change in the area, no change in the uses, parcel sizes, and so for us to approve this, I'm certainly willing to listen, but I think as far as initiating a change, I don't think that's our responsibility. (Chuck Nelson) - Would you go over the uses in the area? You are saying there is nothing on this particular parcel, but what about the 4 acre parcel ... you said across the street they are actually... it is'in production, so for the most part this area is still in production... and the AR line is sort of a break between ....and sort of the resident farmers you might say, am I...? (Stephen Betts) - Yes, probably, along Chatfield, about 50% of the parcels are developed with a dwelling unit. A lot of those, mainly on the south side of Chatfield, are in agricultural production with livestock. Properties to the east seem to have orchards. Along Dakota Avenue that is mainly rural residential large parcels not necessarily in ag production. (Nina Lambert) - If this were to be developed with a house, with 5. whatever acres, and it is in the A-5 Zone, would it have to meet the 300 foot setback on all sides? (Stephen Betts) - Usually that is a condition of a new parcel map. That is something you might want to consider. (Nina Lambert) - I was thinking in conjunction with Ag Element and the buffer of 300 feet that has been imposed in some cases, would that have to be met in this case? And, could it be met? (Stephen Betts) - I don't believe it could be met. And, I don't think it would be appropriate. We would probably want to put any house close to Chatfield rather than further in. (Nina Lambert) - Well, of course, we haven't adopted the implementation of the Ag Element, but do we pick and choose when we want to apply it, or is it applied in all A Zones at all times? (Stephen Betts) - If you wanted to approve this Use Permit or approve the termination, and you thought it was appropriate to put some kind of restrictions and where the home could be located, that would be appropriate. 4 (Chuck Nelson) - The only conflict is really only going to occur on the south, if what you are telling me is correct, is that right? (Stephen Betts) - Yes, I didn't see any other ag uses other than south out along Chatfield. All the parcels along the north side of Chatfield were either rural residential or open space, mainly just in grasses and weeds. That doesn't preclude the fact that they can be developed with an agricultural use. As an example, the parcel to the west, which is, it looks like it's 4.63 acres, somebody could put a small little strawberry farm on there, a viable one, now to put an orchard in there, that probably wouldn't be viable. They could, I don't know how many cows they could graze there, not too many. It is still possible to have an ag use in there. (Chuck Nelson) - There is no ag use in there now? (Stephen Betts) - Not currently, no. (Chuck Nelson) - Is that kind of a 4 acre kind of residential .... (Stephen Betts) - Yeah, I don't believe there is a house on that, I'm not 100% sure. If there is, it's on the far west side, but when I was there, there wasn't any ag use on it. It was just grasses. (Rick Leland) - If there are no other questions, I think we ought to open this to. (Lee Cage) - I would like to say that I was there yesterday and it seems to me this is more residential than it is agriculture. Uh, Smith is so old name for this area, it's Azevedo is the name of the street now. It seems to me that we are going back to the 1982 hearing rather than having a Year 2000 hearing, and before we hear too much more, I would like to hear from the people in the audience. (Rick Leland) - Ok, is the applicant here? (Scott R. Martin) - It's Scott R. Martin, not an A. (Rick Leland) - Aw, ok. (Scott R. Martin) - For the record. (Lee Cage) - I guess there's a reason for that R. (Scott R. Martin) - I'm sorry? (Lee Cage) - I guess there's a reason for that R. (Scott R. Martin) - Would have to ask my parents. 5 (Lee Cage) - I thought maybe it was your father's name or an uncle or something named Scott that made the difference. Excuse me. (Scott R. Martin) - Um, well, thank you for taking a look at the property. When I go out there and look at that what I see is 5 and 10 acre parcels with orchards, there's a small truck farm on the south side. On the west side now, that area has been disced up and there is a home just recently built, and they have disced up the entire parcel because even though that is under 5 acres that is two legal parcels because when they put the road in, when they put Chatfield in and widened it they allowed them to have that as a separate building parcel, and I also see this as more of a residential area and the agriculture I do see there is very small scale, and you will note that somebody lives there on each one of those places there is somebody living, and it just doesn't seem that anybody is going to bring equipment in and work that parcel and then leave and go somewhere else you know and work a larger parcel. It doesn't play out. On the east side of 99 you're seeing larger parcels, and on the west side of Railroad where the rice silos are there are larger parcels there, but what you have here is about a mile and a half section where it is just small places with agriculture on it. So, uh, it just seems to be a proper management of change to put a place there. I was not aware of Biggs looking at that as high density, but I understand the Biggs -Gridley corridor, that it is going to come in time so what I think you're looking at is managing the change in an intelligent way, and it is intelligent to have a house there. If agriculture is your primary concern, you would not be taking more than .4 of an acre out, perhaps a. 5 acre out of potential production, but it is just pure fantasy to think that you are going to have large scale agriculture there. It's just not, I can't see it happening. I'm certainly not going to do it and somebody has to live there to make that property productive, and I do understand that that is the future of Butte County in an enduring sense, is going to be our education, and is going to be agriculture in the long term. That place is right on a ditch, it is right there for agriculture. Something else, this soil is classified as a Class II. I would personally put it more towards a Class III due to the clay hardpan 4 feet down. It's going to require some subsoil work, it's not a big deal and it's not terribly expensive. Once again, it's not something that a big commercial farmer is going to do. It's something that an individual family is going to do on their own. To bring that into good production, you are going to have to through the hardpan, and create a french drain. You know, it's just not something that a big farmer is going to do. So, to me, I look at that, there ought to be a home there, and there ought to be some food production to, you know, to increase that in this area. Well, that's all I've got to say. 2 (Rick Leland) - Let me ask you a question now, because the argument you are making is the exact opposite of the one that drove this Ag Segregation policy initially. The theory used to be, well, you are going to enhance agriculture by segregating the agricultural use from the residential use, and that's why we are going to allow these Ag Segregations, and now the argument is, well, you've got to have a house on the ag parcel to encourage agriculture. I just don't ... did you participate in the initial Ag Segregation back in the 80's? (Scott R. Martin) - No. (Rick Leland) -When did you buy this property? (Scott R. Martin) - About 2 years ago, I guess ... about 3 years ago, I suppose, right in there, 2 1/2 years ago perhaps. (Rick Leland) - Did you buy it after .... this has been before us before for a similar restriction release. Did you buy it after that? (Scott R. Martin) - Yes. (Rick Leland) - After that. Now, had you been advised that this had been up before the Planning Commission and rejected? (Scott R. Martin) - I was not aware of that, no. (Rick Leland) - Not aware of that? Did the seller make any representation about buildability of this lot? (Scott R. Martin) - Oh yes, sure. (Rick Leland) - She did. (Scott R. Martin) - Yeah. But I just went there and looked around and said this can't be right. (Rick Leland) - You mean they told you what, that it would be buildable, or not? (Scott R. Martin) - That it was not buildable. Well, that it was subject to approval, but I thought, I just looked at it and I went, well, just look at it, there ought to be a house here, and I figured, that that would be agreeable. (Rick Leland) - And did you get a Title Report? Did you review, did you review this restriction that's. (Scott R. Martin) - Sure, certainly. fi (Rick Leland) - Ok. So you read the restriction that says it will be released after 10 years, aDA after a Use Permit is granted by the Planning Commission? (Scott R. Martin) - I was aware of the restrictions. But, when I went there and looked around I thought there was no common sense purpose to this restriction right now, and something else in that report it said that there were no new homes in the area, that's not correct. The one on the south side, there's a new home there. The guy has, oh, about 5 or 6 acres in an orchard. That's what's going to happen there. That's what should - happen there. And, who is going to be an absentee, you know, an absentee person to go move their equipment down there, work 5 and a half acres there, pick it up and move it somewhere else, and what you see across the road is a family that has a truck garden, they bring good organic food in there, and by the way this would be approved for organic farming because there is nobody using chemicals in the area, and that is what you see is small, small little people producing food. (Nina Lambert) - And that's perfectly acceptable, except that this one has an agreement that says "No". Any other 5 acre parcel in the area without this Ag Segregation attachment can do that. (Scott R. Martin) - That's correct. Uh, it doesn't say "no", it says "maybe". That's the way I'm reading it. (Nina Lambert) - Well, ok, but I mean this particular parcel that you are interested in has the restriction, the others in the area do not, and there is nothing to prevent them from building houses on them. So, if you see other 5 acre parcels with new homes on them, there is no reason that should not occur. But this particular parcel has a restriction because the originator of the request had a 7 acre parcel that he could not divide any other way in a 5 acre Zone except to go through this, and that is what he chose to do, understanding the restrictions. (Scott R. Martin) -Yep, that's correct. And a few years earlier, there wouldn't have been a problem, he could have split off the 2, but that isn't how it happened, and, uh, this is what's happening now, and it is your decision. (Nina Lambert) - Well, not entirely, because as I said earlier, you have the option of initiating a change in the area. If you feel that the area should change, and your neighbors agree, you can initiate a Re -zone and General Plan Amendment, and public hearings and that may occur. But, without that. change..... (Scott R. Martin) - Excuse me, yeah, I don't know if it requires a Re -zone, does it? Couldn't it be just handled in the sense of just waiving......? (Nina Lambert) - Not in my view, ok? (Rick Leland) - Yeah, and just so you know where I'm coming from, the way I see this application, if we have to establish... either there is a Re -zone, which is not the case here, that possibility doesn't exist here, and the other one is 10 years has to have elapsed, which has happened, and there has to have been a change in the area that we consider justifies a reconsideration. Now, in my mind, the question I ask is, if this application, if the very same application that showed up back in the 80's came here today, would we allow a lot split, a simple lot split, with both lots being buildable. And, I think that's the question. It's different in time, it was first split with a restriction on one under the theory that splitting it is not going to increase the residential density. Now your coming back and eliminating that restriction, those two actions are the same as if we had granted a simple lot split back in the 80's. So, the question is, have conditions changed so much that if this application for a simple lot split was brought to us today, would the Commission grant it? That's the way I see it, and to me, in my mind, whether or not this is a viable agricultural parcel is completely irrelevant. Because that is a decision that was made when the Zoning was imposed on this property. That was the condition, maybe that drove why the Ag Segregations were allowed initially, but that's not a decision here. Obviously, when this parcel was created in the 80's, it was or it was not viable, but that was the decision that was made when the Zoning was imposed. My question is, is this more viable as separate parcels, one with a house on it, one without a house than two separate parcels each with a house on it. And, the answer to that is, whether or not it is viable, it is more viable this way than if a house is allowed on it. You may disagree. You may think on these small parcels a house enhances the agricultural viability of it, but the Ag Element sort of imposes on us the determination that ag and residential don't mix. That's a policy of the Ag Element, and I personally believe it. I think that there is a conflict between residential use and agricultural use. There is little benefit your identifying that the farmer only has to go out the back door instead of hoping in his pickup and go a mile away, but there are a lot of disadvantages. One is that part of the ground has concrete on it, septic tanks, and the other the conflict between children, dogs, and spraying operations and heavy equipment that's often presumed to go along with agriculture. I'm just telling you this because this is where I'm coming from. To me, the question is would we allow a simple lot split today as opposed to back then, and I don't think conditions have changed enough to even come close to allowing a lot split. (Lee Cage) - At this time, I'd like to ask Staff a question. On the recommendations on page 3, number 3, consider the area for change in designation from Orchard and Field Crops, Open and Grazing Land, or Agricultural Residential, to a Non agricultural designation under the General Plan. Explain that. (Stephen Betts) - Right, these 3 options come out of the Zoning Ordinance with regards to the options the Planning Commission could take with regard to the termination of the Homesite Segregation. So, if the Planning Commission was looking to approve this, then they would have to basically, want to or have Staff initiate a Re -zone or General Plan Designation to something other than Agricultural, such as Low Density Residential. (Lee Cage) - So in that case..... 01 (Stephen Betts) - Excuse me ... and there would need to be an appropriate Re -zone to go along with that too I believe. (Lee Cage) - So, in that case, at the year 2000 we can do this? We can change, consider a designation, or does the proponent have to do that? (Chuck Nelson) - The Planning Commission can initiate it. (Rick Nelson) - We can pick any part of the County and say let's re -zone this for urban level density. But it's a big step, it's nothing we want to do in response to one particular application. I don't think we could do it as to this parcel. (Lee Cage) - We can't change the Designation unless we change the Zone? Correct? (Rick Nelson) - Right. And the General Plan. It would have to be a big area -wide justification, not just one particular parcel. (Scott R. Martin) - Well, there's another.. just to carry along the first agreement in 1982 you can simply waive that and keep it Agricultural Residential which is in keeping with the area. (Rick Leland) - She was asking about the third option that's given to us. (Scott R. Martin) - Yeah, that's a big step and I think it's probably not time for that yet. Maybe another 20 years. (Rick Leland) - I agree. I don't think it's appropriate. It doesn't seem like it's a likely location for a re -zone. (Scott R. Martin) - Over the course of time perhaps, but uh, you know, right now it's just ...if your object is to create the weight of agricultural production, then there ought to be a home there, and somebody can actually do something, and if the object is to just have some vacant ground, then you can make that choice. That's it. It's not changing anything in the area to put a home there. And, who would know better than the residents in the area, and they have said yeah, this would work, and it would work. U - Can I say something? (Rick Leland) - You bet. (Kim Paredas) - My name is Kim Paredas. I have lived in the area. As of right now I have two several of my family members, and there are at least 7 parcels or dwellings on that road between Azevedo and Pryde 6th Avenue, which is the railroad.basically, that have absolutely nothing but a dwelling. They have no orchard, they have no cattle, they 10 t have nothing other than they are a dwelling, and they, and I can point those areas out if you need, but there's not a whole lot ...there are, I mean, there are several places that are basically just dwellings. And as Mrs. Cage who drove area noticed, it is a residential lane, it is definitely not agriculture. There are small orchards, and there are people that lease their land to have mostly sheep graze the area because they don't want to upkeep it more than that is their reasoning for keeping the sheep over there. And if you will notice how it is laid out between Azevedo and Chatfield, Azevedo has several small parcels, it has between one acre, actually I think there is a half acre parcels on there, then there is like half acres and one acre parcels. The two acre parcel that was a part of this Ag Segregation is adjacent to those small parcels. So therefore you really are not breaking up the general format of, you're not, the two acre parcel isn't on the other side of the 5 and one-half acres, it's on the same side as all the very small parcels, and then you have the 5 acres, and then from there on it goes 5 maybe 10 acre parcels. There is, (lost my trend of thought) yeah, there's really no reason that a house, I mean, we're not asking you to change the Zone because quite honestly if you change the Zone that would discourage us from wanting to be there because one of the reasons we like that area is because it is basically a lane that is not overly crowded. Also, I know where I was going, less than two blocks over there is low income housing. Now granted that is part of the City of Biggs, but it is on the outer limits of the City of Biggs. That sits just on the other side of Dakota, which is just less than two blocks from us and there are 30 new houses in there that are Zoned low income housing. So that should be at least part of a change in the area. I don't know how small scale you limit your area, but right on the other side of Dakota, which I know this gentleman didn't actually go into that area to see, but there is low income housing that has been just recently developed, and there are actually a couple of new houses since 1982 on Chatfield that I can tell you. And we are not actually trying to do anything than put a house, small orchard and 4-H animals for children. That seems to be what everybody else is doing, and it's 5 and a half acres which is a totally ... if it were Zoned differently if it was 3 acres or if it was 3.2 acres it would be a little bit different, but you have 5 and one-half acres that is basically just fallow right now. In 18 years nobody has done anything because when they started to do something they went this is the way it's laid out it's an L shape, it's not just a total 5 and one-half acres it goes ... he has 3/4 of an acre that goes, it juts off to the one side, it's really not an easy plan to try to develop. (Nina Lambert) - Well, in retrospect probably the Ag Segregation never should have been approved, but it was. (Kim Fred's) - Correct. Well, but.... (Nina Lambert) - I don't disagree with anything you've pointed out. (Kim Paredas) - May I say also that the person who made that Ag Segregation at that time lived on that property. He had that two acres, and he had that house, and then he could have easily done something with that .5 and one-half acres, and then it would have been very common sense type of gesture. However, that person chose to sell the 2 acres, and 11 then he sold the 5 and one-half acres. So now you've got a little different situation, he didn't sell them to the same person, he sold them to two different people. The person who owns the 2 acres doesn't want the 5 and one-half acres, that would make sense, he doesn't want it. (Nina Lambert) - And that's one of the reasons why we no longer have the Ag Segregation Ordinance. (Kim Paredas) - Right. That's another issue because had he kept it as one unit because he was the original owner of both parcels, then it would be very easy to develop that 5 and one-half acres, but by him splitting it off and selling it to two different people, you know, that limited it right there too. (Nina Lambert) - But he still couldn't have developed it with a house. But he could have.... (Kim Paredas) - He could have put the orchard that he wanted because he already had the house. You see, now somebody who wants to build or farm it would have to come in from some other area. You talk to other farmers they go I wouldn't buy 5 acres for that. I mean you're going to have to live fairly close to the area to make that a feasible deal for them. But originally it would have been the thing to do because they would have had 7 and one-half acres beautiful parcel, build a house, do something with that land, he didn't do it. (Nina Lambert) - But he could have done that without the Segregation. (Kim Paredas) - He could have. I don't know the reason for the Segregation. I didn't approve it, I don't know what his arguments were for wanting it. (Rick Leland) - I can tell you what the reason is. It enhances agriculture. Because you can separately finance and separately own the ag parcels that divides the uses. Which is the opposite of the argument that Mr. Martin is articulating now, and who knows which one is right, but I think ... I personally believe the prior one is right. (Lee Cage) - Now, I would like to have Staff answer the other question. On page 4 it says if the Planning Commission supports the Use Permit they take the following action on page 4. Determine the project to be categorically exempt from environmental review under Section 15303A of the California Environmental Quality Act. (2) Approve the Use Permit to terminate the conveyance of development rights and open area easement Butte County Recorder Serial No. 82-34889 Book 2772 pages 521 through 526 on APN 022-190-049 for Scott A. Martin subject to the conditions found in Exhibit A and based on the following findings. A. Circumstances regarding the property and other properties in the area have changed sufficiently to allow termination of the conveyance of development rights and open area easement. Will you explain that? 12 (Stephen Betts) - Right. We gave you alternate actions to take if you can make the findings that circumstances have changed this would be the appropriate finding. So if you can make the finding, if you can determine today that changes in the project area have occurred and that they warrant approval of this Use Permit which would terminate the Agricultural Segregation. So these are just alternate recommendations that we gave you. (Lee Cage) - So we could do that? (Stephen Betts) - Sure, if you can find... (Lee Cage) - And we don't need agriculture ... a change of Zoning, a'change.... (Stephen Betts) - No, you don't need to ... that was one of the options if it was to be re -zoned then that pretty much leads the way to a termination of the agreement. But it... (Lee Cage) - But we could do that today? (Stephen Betts) - Right, if you can make the findings that the area has changed significantly from what it was when the agreement was first approved in 1982. (Lee Cage) - Did Ken have something to say? No? (Michael Mooney) - I have a question of Staff. In 1982 were there setbacks for spraying? (Stephen Betts) - I have no idea. (Michael Mooney) - Come on Nina. (Nina Lambert) - I think there were some that were imposed, but I don't think they were connected to an Ag Element or a General Plan Amendment. (Michael Mooney) - My point is now we have setbacks that we have to maintain that that does on the surface of things does change the character of the neighborhood because it limits what kind of crops can be planted. I mean on this 5 acres you couldn't do an orchard because you don't have the room for the 300 foot setback. So basically it's those rules that change the character of what can be developed in that neighborhood. Um, I favor the applicant those are 5 acre ranchettes, hobby farms, call them what you will. We have that choice or keep the 5 acres and wind up with, you know, a subdivision for low income housing when in 20 years from now, or we can go. with the 5 acre ranchettes and preserve 4 acres out of 5 in farm land until such time as we need it. I don't personally believe that farming to be successful has to be a million acres run by a huge corporation. I think our future is going to be able to producing food in their own back yard where they have established water, and you know, we're just lucky that we live in a time.wh_en we have cheap food. 13 (Chuck Nelson) - I guess we should ... is the public hearing over? (Rick Leland) - No, we still have a card from Terry and Kim Peredas. Do you count for both. (Kim Peredas) - Yes. (Speaker - Name not given) - If you go to Japan you can get on a little train and go from town to town and you can get off at a little station and walk a few hundred meters and you will see a farm where they with a house on it and you'll see that in a crowded country like that. When I stand there and look at that I can see a train going from Sacramento up through Chico and I can see somebody getting off at a station walking down that little lane and going to a little farm. And when you look into the future either you're going to have people or you're not going to have people. If you do have people, I think this is an intelligent direction to go. If you're not going to have people, then it's not an issue. So that's just look at it. It's either going to just sit vacant or the area is going to get built up around over the course of time and something is going to change, but in the meantime this is a reasonable human thing to do for somebody to live there and uh do something with it. (Rick Leland) - Ok, is there any other members of the public that would like to speak on this matter? Seeing none, I will close the public portion of the hearing and confine comments and questions to committee and Staff. Uh, I just see a real logical inconsistency in this. I mean, so now we had 7 acres a house gets built we split off 5 acres because that's better for agriculture. Now suppose we add another house on there because that's better for agriculture. And the next step we're going to say, Oh no it turns out that agriculture is better if it's separately financable, so we do another lot split. Now w3've got two 2 acre parcels and a 3 acre parcel. I can just see this kind of progression, there's no logical place for that to stop. I mean, we've got to be consistent here. The deal was we split the 7 acres, put the residence separate from the ag, that makes sense, no residential construction on the ag until conditions change. I can't make the findings that conditions have changed. If other members of the committee can then maybe this will pass, but I can't make that condition. I've looked at it. We addressed this two years ago and rejected it. And certainly it has changed in the last two years. So my thinking is this absolutely....... Sorry, you had your chance I get to talk now. There's just no way I can make the finding to remove these restrictions. (Chuck Nelson) - Well, I'm I'm teetering back and forth. The bottom line for me is, the Commission, there never should have been an Ag Segregation Ordinance and I think, you know, as a result we've gotten rid of the ordinance and now we're stuck with... hopefully there's not to many of these in the County anymore, and fortunately there's only one of 14 these in the whole area. Um, we've got sort of an albatros lot here that's kind of sitting here, and we probably should start looking at even a rezone in this area based on the size of these parcels. Um, on the other hand I'm looking at a zone that says it's Orchard and Field Crops and what I'm trying to debate in my head is whether we should start initiating some kind of General Plan Amendment to do what Nina says which is to essentially change the character of the neighborhood to go with what it probably is right now anyway which is Ag Residential or whether I should just say we screwed up and let's just...there's only one in this area let's just go ahead and let it go through and just say that thank God we changed the Ag Segregation Ordinance and it doesn't occur any more, but to sit there and I guess I'm wondering nobody's the only person that's hurting now is the person that owns this 5.5 acres. The person that did this they're gone, and you know and I just don't know what good we're going to accomplish just by leaving this one parcel the way it is vacant. To me it has nothing to do with, you know, I totally support the Ag Element, I totally support what we're trying to do as far as defending the Ag Element, but I just don't see what we're going to defend by just holding this one parcel out that's in this area. On the other hand, again, I'd like to start looking at maybe a change of maybe a General Plan change because it seems to be going in that direction anyway. So I'm sitting here going this way, this way, this way, this way. (Nina Lambert) - Well, I agree with what Rick has said, but I also feel if there were a General Plan or a Rezone or both initiated I would certainly be willing to listen to it, but I don't feel it is the responsibility of the County to do that. I think if the neighbors and the people feel it is appropriate, they should initiate that change. I don't think at this time we should. Down the line I'm sure that there will be General Plan Amendments that might be in conjunction with the Ag Element, might be with the City of Biggs, but at this point I think it's one parcel that entered into an agreement, I can't make the findings to change that but I would be willing to listen to a proposal that was initiated by the people and brought forward. (Chuck Nelson) - Well see I could even justify it because to me this parcel is 5.5 acres it satisfies the A-5 Ordinance, unfortunately there's this other 2 acre lot that... (Nina Lambert) - Well, that's because it was a 7.5 acre lot that couldn't split. (Chuck Nelson) - I understand but it's still there. I mean to me we screwed up.... (Nina Lambert) - That's right. There's a 4. something.... (Chuck Nelson) -...by having this Ag Segregation (Nina Lambert) I agree. (Chuck Nelson) - It's no big deal. Let's just make this a 5 acre lot, it adheres to the 5 acre Zone, and move on. 15 (Rick Leland) - I don't know whether there was a screw -up or not. I think.... (Chuck Nelson) - Oh , Ag Segregation ended up being a real (Rick Leland) - But I think the reason was the Planning Commission and Board of Supervisors were not willing to enforce the restriction. If you're not going to enforce the restriction, then it should be eliminated. But, I think if you enforce the restriction it made sense then and it made sense now, and the sense it makes is that enhances agriculture. Contrary to what Mr. Martin says, people can differ on this, I believe this is a more viable agricultural parcel separately financable, it can be owned separately, you have certainly it's all available for agriculture and there's not going to be septic tanks, kids, playground equipment and driveways on it. So, for that reason alone it enhances agriculture. I don't think it was mistake initially. Um, I also think that if you're going to contemplate a Rezone, you have to you would have to really question whether you would want to make this a buildable parcel now. If you are going to Rezone it you may want to rezone it to 1 house per acre density, in other words a higher density than the 5 acre density, and if you're going to do that, once you put a house on a 5 acre parcel, that's essentially chewed up for smaller more dense use. The plan like Biggs is indicating in the letter is that this may be eventually slated for more dense development then don't go building it a 5 acre density just leave it the way it is until you decide what density you really want to put there. (Nina Lambert) - I think I still have the question of since it is in an A Zone, Orchard and Field Crops, whether the 300 foot setback would be required, and if not, I need a better reason why not, and I don't think it could be met. (Rick Nelson) - I think it's not required right now. (Nina Lambert) - Tom, is it required now, and under ... are there times when it is and times when it isn't, or is it in all A Zones and Orchard and Field Crop areas? I don't know what stage we're in on the imposing of that. (Tom Parilo) - You're talking about the 300 feet? The Ag Element largely prescribes a 300 foot buffer or setback be provided when residential uses are being established. And it's admittedly unclear whether it applies to all the A Zones or just applies to the Zoning Districts that abut the A Zones, but when you also look further into the Ag Element there are certainly statements and provisions that suggest that you could reach the conclusion that the 300 foot setback should also apply when residential uses are being built in the A Zones as well. Up to this point we've wresteled with that topic in the context of any kind of land division, but currently there's not an ordinance to implement or establish a 300 foot setback. So I don't know if I've answered your question... (Rick Leland) - So if I have 5 acres and I want to build it on the boundary of a long standing parcel, do I have to build my residence 300 feet away from ag uses? 16 (Tom Parilo) - No, you just have to meet the setbacks of the Zoning District which are probably around 20 feet. (Michael Mooney) - Then that means agriculture has to set back 300 feet from the house. (Tom Parilo) - It doesn't mean they have to be set back, it means there could be a prohibition on spraying within that area. (Michael Mooney) - So, when was that adopted? That language? (Tom Parilo) - When was what language adopted? (Michael Mooney) - The setbacks, when was that (Tom Parilo) - Well, the setbacks, they use the terms setbacks, buffers, and transition within the Agricultural Element and that was adopted in 1995. And Nina indicated there may have been some other types of setbacks that were being applied to projects prior to the 1995 Agricultural Element. (Michael Mooney) - That would essentially change the character of the neighborhood if now the 5 acre parcel next door can build a house and that limits me I can't put an orchard on that property, and I know, I'm going to guess, I know there is an exemption from 4-H animals but say I wanted to put a pig farm back there I might have a little problem with that too. (Rick Leland) - Mike, I think what you're .... (Michael Mooney) - We're not here to punish people for something somebody did 20 years ago. (Rick Leland) - He bought it knowing there was a restriction on there, so we're not punishing anybody. (Michael Mooney) - We're not? Yeah, that's what it sounds like to me. (Rick Leland) - He knew what he was buying. Where's the punishment? But I think on the ag operations, there's sort of two directions. One is the County law prohibits a residential use within new divisions within 300 feet of ag. On the ag side there's a general restriction on spraying within certain distances of houses. That's not the County's law, that's the pesticide manufacturers and Federal law and maybe the ..... (Michael Mooney) - But that didn't exist in 1982. (Rick Leland) -Well, no, it did: 17 (Michael Mooney) - In 1982 you could have sprayed right up to his house. (Rick Leland) - No... (Michael Mooney) - So basically the character of that has changed because of those. (Rick Leland) - I'm not sure, I don't know what the rules are on ag spraying. I'm sure there were some restrictions on spraying toxic chemicals next to a residence. (Michael Mooney) - You've got the dust and all that other stuff. (Rick Leland) - Yeah, but those rules may have changed, but it's not the Ag Element rule with a hard 300 foot setback that.... (Michael Mooney) - We can go outside and fist fight later, but we should hear what Lee has to say. (Lee Cage) - Well at the present time this lot looks like it's lost. It could be a fire hazard, it's in an area of nice homes, and there from 2 acres to probably 5 acres and I personally, I don't consider it an agriculture area any more because of so many homes there. And in my opinion we're having a Year 2000 hearing, not a 1982 hearing. (Nina Lambert) - But the contract is there. The findings are needed. (Rick Leland) - Yeah, well I'm not making a motion to pass this. (Michael Mooney) - Well, I'll make a motion to approve the Use Permit 0009 for Scott R. Martin on APN 022-190-049 determine the project to be categorically exempt from environmental review under Section blah, blah, blah, and approve the Use Permit to terminate the Conveyance of Development Rights and the Open Area easement based on the following findings that circumstances regarding the property and other properties in the area have changed sufficiently to allow termination and specifically I think it has gone to 5 acre hobby farms. That's my motion. (Lee Cage) - With several conditions. (Michael Mooney) - Oh, and with the conditions in the Staff Report. (Rick Leland) - Is there a Second? (Lee Cage) - I'll Second. (Rick Leland) - All right. All those in favor say Aye. (Michael Mooney & Lee Cage) - Voted Aye. 18 A esite Seg: 1-2 ac. ary 28, 1981 uary 11, 1981 :h 11, 1981 06, 1981 20, 1981 27, 1981 01, 1981 ember 16, 1981 amber 04, 1981 ;h 17, 1982 17, 1982 124, 1982 ember 23, 1982 vary 03, 1983 vary 03, 1983 ;h 03, 1983 ;h 17, 1983 08, 1983 a 16, 1983 07, 1983 ust 18, 1983 tember 01, 1983 tember 29, 1983 ember 17, 1983 jary 05, 1984 ch 01, 1984 ch 07, 1984 ember 20, 1984 ruary 07, 1985 X23,1985 r 23, 1'985 r 23. 1'985 B onard C. McKee inneth R. Hansen linchan/Hinaman dhael Wacker Illandsworth, Evel uis Anderson talph &Karen Bla \ugust Boeger, Jr. iarold Nakamoto James H. Powell ames D. Sanderson can Doerksen, Etal /illiam F. Davis ving L. Little avid Forsman lark Risso (A&Q En dwin Becker homas F. Smyth lark McClintock atherine E. Larsen favid White Cobert Stout ouie Venturini ;en Collins We Antonowich ,obert Rankin C I D I_ E PN: 39-24-10 1.74 ac. from 25 ac. -20.Zone PN: 40-17-141,14,'1.5 ac. from 13.8 ac. -5 Zone PN: 29-07-38 1.5 ac. from 73 ac. -40.Zone PN: 40-29-41 & 3 .0 ac, from 7.3 ac. -5 Zone PN: 27-082-05 1.0 ac. from 5 ac. -5 Zone PN: 29-10-02 1.5 ac. from 96.5 ac. -40.Zone PN: 24-24-21 :0 ac, from 160 ac. -5 Zone PN: :39-08=56 2.0 ac. from 20 ac. -20.Zone PN: 42-13-54 1.0 ac. from 5 ac. -5 Zone PN: 22-21-20 2 ac. parcel -40.Zone PN: 24-18-11 PN: 22-18-38 1.5 ac. from 24.5 ac. 2.15 from 7.5 ac. -40.Zone -5 Zone PN: 24-04-47 PN: 40-08-18 5 ac. parcel from 22 ac 1.14 ac. from 16.27 ac. -40.Zone -5 Zone PN: 42-19-01 1.11 ac. from 18.96 ac. -10.Zone PN: 24-08-079 PN: 39-08-43 1.09 ac. from 30.32 ac. 5.0 ac. from 38.45 ac. -40.Zone -20.Zone PN:40-10-27 28 2 1.0 ac. & 1.16 ac. from -5 Zone 2 5 -ac. arcels ,PN: 21-16-50 1.0 ac. from 14 ac. -40.Zone ,PN: 42-05-26 .0 ac. from 8.75 ac. -5 Zone ,PN: 42-21-47 & 3.01 ac. from ? -10.Zone ,PN: 42-22-21 ,PN: 24-04-49 1.4 ac. from 1.5 ac. -10.Zone ,PN: 38-17-05 1.0 ac. from 13.5 ac. -20.Zone 7-13-123,1241126 10 ac. from 159.28 ac. -40.Zone CPN: 36-22-181 1.0 ac. from 19 ac. -5 Zone CPN: 28-31-02 1.5 ac. from 9.3 ac. -5 Zone CPN: 24-15-2 & 65 2.0 ac. from 17 ac. -40.Zone CPN: 44-03-85 1.2 ac. from 30 ac. -20.Zone iPN: 24-04-46 2.0 ac. from 13.48 ac. -40.Zone ►PN: 38-08-08 2.0 ac. from 20 ac. -20.Zone ►PN: •42-11-20 ►PN: 39-09-12 1.0 ac. from 39 ac. 1.0 ac. from 13.5 ac. -10.Zone AA O.Zone F mple & Durham Dayton-Durhar immings Road - Durham wy.99 No. of Nelson Ave. - Oro anford Ln.-No.of Sycamore -Du W.Cor.Citrus & So.Villa - Oro. W.Cor.Mlidway & Fruitvale-Ricl /S Hwy.70-So.of Central Hse.F agan Ln.& Fimple Rd. - Chico ak Way E. of Muir Ave. - Chico ridley Colusa Hwy. - Gridley ampbell Avenue - Gridley -%n ficlei wcni is - Rinnc U i FNvau - v1 wiy Road - Durham a & Oak Park Ave. in & Fagan - Gridb an Lane - Chico swis Oak Road - Gridley ,odeo Avenue - Chico o.side Santa Clara Ave. - Wesl f Rose Ave. (Ag side Greenline iro-Gridley/Larkin Rd. -Gridley lidway/Hanlon Rd. - Durham Iwy. 99 &.Amita Way -Chico oothill Blvd. - Oroville Ipham Rd. - LaPorte et.Evans Reimer/Higgins-Gridb leridian Road - Nord area arkin & Fagan - Gridley louse Avenue - Durham ,ennedy & Muir - Chico resslauer Avenue - Chico G Processi nesiite (w/ Variance Processing Homesites Perm omesite (w/ Variance g Proc.wMar&Rezorn omesite omesite A B C D E F G 37 February 27 1997 Jones & Mathews PN: 39-24-92 2 1.3 ac. existing site -20 Zone Burdick Rd. east of Troxel Rd. -Du 2 existing homesites 38 from 37.62 ac. parcel 39 March 27, 1997 CI de & Carol Brandt PN: 22-19-48 2.0 ac. from 5.53 ac. -5 Zone 118 Chatfield Avenue - Biggs Terminate Agreement 40 PN: 22-19-49 41 Earl Decker IDurham 42 Alba Houseman Midway - Durham 43 Onstott/Morse Larkin Road - Gridley 44 Hunzeker Larkin Road - Gridley 45 IJim Paiva/Duche Nut H .32 & Nord - Chico Processing 46 INina Lambert Chico • f� 1 BUTTE COUNTY PLANNING COMMISSION USE PERMIT . fF August 4, 1982 DATE (Registered mail receipt) 82-26 PERMIT NO. 21-19-38 ASSESSOR'S PARCEL -NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: JA H_ & THELMA G. PowET T. is hereby granted a Use Permit NAME in accordance with application filed: ' to allow segregation�of a 2 -acre homesite from property t he north side of Chatfield Avenue, _ap= roximately 4nn fe—e wPct of Smith Avenue,' Bogs - 1 Failure to comply with the conditions specifies herein as the basis for approval of appli- cation and issuance of Permit, constitutes cause for the revocation of said permit in accor- dance with the procedures set forth in the Butte County Zoning Enabling Ordinance. 2 Unless otherwise provided for in a condition to a use permit, all conditions must be com- pleted by the permittee within 12 months of the delivery of the countersigned permit to the permittee. 3. If any use for which a use permit has been granted is not established within one year of the date of receipt of the countersigned permit by the permittee, the permit shall become null and void and reapplication shall be required to establish the use. SPECIAL CONDITIONS: 1. Deed to the County of Butte 30 feet of right-of-way from the centerline of Chatfield Avenue. 2. Sewage system and well'serving dwelling on the 2 -acre parcel to be on the parcel with dwelling at completion of lot segregation. 3. Parcels shall be created pursuant to the requirements of the State Subdivision Map Act and Chapter 20 of the Butte County Code. 4. Applicant must also comply with 'all applicable State and local statutes, ordinances and regulations. - I hereby declare ander 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: 5 ".Z — 5' Ap i icant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. CC: Health Department Department of Public Works (2) �L_,- . � • I- Fire Department. Che;rmen of Pler.ning Commission 1�- F+0 I I• opwr AYI /v N IF 4 sa�N►ya• � Kt . t AICf �+�►f \ !� a�eAedt ? 9' Ow cw. AE r.4 /Z 'C" 4v Pf 4pwcgw. ar= w-/..► I for at as/• + IN BOOK ��_ OF MAPS AT PAGE S_- A' THE REQUEST OF %Aire / Oil lie �1 THE ,WVW 70-0i t t01 lfwfi I OF ✓OAO" •NwstA ON ✓ut r id 198 L. I HEREBY STATE THAT d l THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP. IF ANY. SERIAL NO ti ve • wi. wwt rr• ( �\� l SEE zvzda '/I" Al. J. P e It o f A/ A. saA►,t7a✓Pfr A/ tI /�� S E RCE u22 COUNTYSURVEYOR �r SEE 411f rd ! '/9' AE 74 M 'A' AV 7 • .9 _/ I ,laws -toys•- - f - LD. COAK. MOA' Af 7/4 /L "f " •f l,.e M >/ f w ne,ron, OI NOTE: AIC'TiVPes�YKs ! t t AND!'9E s7/d./ECT !� �t• i 3 7DMON /GW/2/TJ4f Ofd eV1ei -d&7 0 �Eten/c� 7a iaEL/YfiP!'r' AR/sTAP/RUT/GA/ ^ I � � � �►/TErP. CCIV^fT.tY/ICT1Gbt/ Ac0/rCl/Ef, .: r I • I feA/elf, 6dTE4, ETI. Of Af RAC -5 60YENeMT,f,�.---t�I �t LCCd7/P,(' Md/� \ aawa E e7 ii•. ow ' ss ♦ -- i 'e cai coy!/ — II % N ii0.,t• �I t:t7I.If. f/'/!f N 7 1 A/IYGOP •' w• \ /IO.AO' COT ff \� — — /CAVZV776AAi4td `t�"`c.J!'EYeAYIE - ( I 'i * - AOUAIDMOAAWE.V7,d5A/OTED AtdOf!'fLOPAf AI&V75 /Or7,A-' ,�' - sEr//r-a�.�lea, t s atoe, oavt vorE/� JAW feS►EAIEA/T 'vA'R W- ZJ-U– V I I O - /�/A/T DETEA?M/LVED OVt Y (a) - c 44dP6 de (AW - 77 Mees ro ,vI!•Ii'M -f \ la (0)- r/47 O.R. i/B /qt OO• I �� I (M) - MEd6I//7E0 rl .Neu y a I (c) - edzc lzd reo ►� 010 (Rd.) - Q:i Md/ -f 44 f -f. z. - 5d A//Ta/Ir-fEr.9GGCl:wE 5.53 dcAfEf ``• � `P' ;; � o /�sJ/PIEL /�'� . (al�ll�i � . # Reds CFgE,e/1/tilly5 ►. 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I�l".(c'T/G�iC' G�FL�T �!, ffi'GG4►' CGI � A/Y'�'/, 6 r7f OF K EYOTfO /A?E/G4T/OAJ /TCN I M,4123, 88, l Y/A/6 /,i/ Af6r1c?A/ ?4, %/8A/, A17", A ".. /AI Me JA1/A/i'0171 irRd7// 4,?F..4 OF tte. /r• /,�r. � �l I —� ,� sto.,:• � 'tea,"4r..) � /9U7iE cOU,t�TY, c,AL: -lOOD s-��l:-------MOO_7--c- s�---- iZ Dfp. fPA'1::"'v'f1' I�P/I ✓.dM�4�ir/LL swctaP. �EA�oro,e�c'rrftzr/�urr sEEOETa/t :o'er— i �f �N L07r/ 27A7 yt:,p 380 o. ss: scat* s wiDE,ehr/wclwrfr�vcf t7rNOrt/aeiGs�f PEa(D) NOTE: AN AFFIDAVIT OF OWNERSHIP IS BEING CONCURRENT' Y RECORDcO IN j fH OFFIC OF THE BUTTE COON- RECORDER UNDER SERIAL NUMBER SURVEYORS CERTIFICATE — THIS MAP WAS PREPARED BY ME OR UNDER MV DIRECTION AND I$ COUNTY SURVEYORS CERTIFICATE THIS MAP CONFORMS WITH THE REOUIREMENTS OF THE SUBDIVISION w-/..► c H � r BASED UPON A FIELD SUnVEY IN CONFORMANCE WITH THE MAP ACT AND LOCAL ORDINANCE. DATED: N•.r..ee a z1• , fBt + IN BOOK ��_ OF MAPS AT PAGE S_- A' THE REQUEST OF %Aire / Oil lie �1 THE . I OF ✓OAO" •NwstA ON ✓ut r id 198 L. I HEREBY STATE THAT d l THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP. IF ANY. SERIAL NO ti ve • wi. wwt rr• ( �\� l SEE zvzda '/I" _ n T • �C . - w'"`-� e It o f A/ A. saA►,t7a✓Pfr A/ tI /�� S E RCE u22 COUNTYSURVEYOR BYCLAY DEPUTY Irtf�r� } :• —�— DET.4 /L Q I. i M W V r W I t: �• s SEf/>E7,4/L T sti-/.� I ?60.00'04P440 I 77 J /E -E . (M) . 4ZsO. 77' CAU TA/A40 — — •ea•t — — &OVA/d9'e4' ,4d9.?t'!e•e (ATi) 4l40. d6' .9 _/ I ,laws -toys•- - f - LD. COAK. MOA' Af 7/4 /L "f " •f l,.e M >/ f w ne,ron, OI NOTE: AIC'TiVPes�YKs ! t t AND!'9E s7/d./ECT !� �t• i 3 7DMON /GW/2/TJ4f Ofd eV1ei -d&7 0 �Eten/c� 7a iaEL/YfiP!'r' AR/sTAP/RUT/GA/ ^ I � � � �►/TErP. CCIV^fT.tY/ICT1Gbt/ Ac0/rCl/Ef, .: r I • I feA/elf, 6dTE4, ETI. Of Af RAC -5 60YENeMT,f,�.---t�I �t LCCd7/P,(' Md/� \ aawa E e7 ii•. ow ' ss ♦ -- i 'e cai coy!/ — II % N ii0.,t• �I t:t7I.If. f/'/!f N 7 1 A/IYGOP •' w• \ /IO.AO' COT ff \� — — /CAVZV776AAi4td `t�"`c.J!'EYeAYIE - ( I 'i * - AOUAIDMOAAWE.V7,d5A/OTED AtdOf!'fLOPAf AI&V75 /Or7,A-' ,�' - sEr//r-a�.�lea, t s atoe, oavt vorE/� JAW feS►EAIEA/T 'vA'R W- ZJ-U– V I I O - /�/A/T DETEA?M/LVED OVt Y (a) - c 44dP6 de (AW - 77 Mees ro ,vI!•Ii'M -f \ la (0)- r/47 O.R. i/B /qt OO• I �� I (M) - MEd6I//7E0 rl .Neu y a I (c) - edzc lzd reo ►� 010 (Rd.) - Q:i Md/ -f 44 f -f. z. - 5d A//Ta/Ir-fEr.9GGCl:wE 5.53 dcAfEf ``• � `P' ;; � o /�sJ/PIEL /�'� . (al�ll�i � . # Reds CFgE,e/1/tilly5 ►. O �oodc Ff O • wat I wIr �O I i � O �- V �• w TlJf CE.V�f.PL/.VE OFGIf4ED10 dYfTdA-EN/jt'TwEEN' w � � � �g � I'I \ MO,vU.V.'EA/75 /NrliC07ED df �iVO?Ti/"PEa G Me/�f tTB. •/PAFi "m"'CEL �"`A` I �wect • �..p ,so••� �..�. c. fA7Y,1~I///Gyv wd .P t/Arc � � I I ,t! I�l".(c'T/G�iC' G�FL�T �!, ffi'GG4►' CGI � A/Y'�'/, 6 r7f OF K EYOTfO /A?E/G4T/OAJ /TCN I M,4123, 88, l Y/A/6 /,i/ Af6r1c?A/ ?4, %/8A/, A17", A ".. /AI Me JA1/A/i'0171 irRd7// 4,?F..4 OF tte. /r• /,�r. � �l I —� ,� sto.,:• � 'tea,"4r..) � /9U7iE cOU,t�TY, c,AL: -lOOD s-��l:-------MOO_7--c- s�---- iZ Dfp. fPA'1::"'v'f1' I�P/I ✓.dM�4�ir/LL swctaP. �EA�oro,e�c'rrftzr/�urr sEEOETa/t :o'er— i �f �N L07r/ 27A7 yt:,p 380 o. ss: scat* s wiDE,ehr/wclwrfr�vcf t7rNOrt/aeiGs�f PEa(D) NOTE: AN AFFIDAVIT OF OWNERSHIP IS BEING CONCURRENT' Y RECORDcO IN j fH OFFIC OF THE BUTTE COON- RECORDER UNDER SERIAL NUMBER SURVEYORS CERTIFICATE — THIS MAP WAS PREPARED BY ME OR UNDER MV DIRECTION AND I$ COUNTY SURVEYORS CERTIFICATE THIS MAP CONFORMS WITH THE REOUIREMENTS OF THE SUBDIVISION I R CRRDER� CERTIFICATE FILED I� DAY OF AT f/ � Kd 9M. c H � r BASED UPON A FIELD SUnVEY IN CONFORMANCE WITH THE MAP ACT AND LOCAL ORDINANCE. DATED: N•.r..ee a z1• , fBt + IN BOOK ��_ OF MAPS AT PAGE S_- A' THE REQUEST OF �! THE . SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT TNF REOUEST OF ✓OAO" •NwstA ON ✓ut r id 198 L. I HEREBY STATE THAT d THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP. IF ANY. SERIAL NO ti ve • wi. wwt rr• ( �\� l _ n T • �C . - w'"`-� c f f ry(j"�,�* tel\ . A/ A. saA►,t7a✓Pfr A/ tI /�� S E RCE u22 COUNTYSURVEYOR BYCLAY DEPUTY ENGINEERING SURVEYING PLANNING .63 ORO CAM BLVD. SU' F ,A OROVILL.E. CALIFORNIA 95865 10161535.266F EJ May 16, 2000 Scott A. Martin 285 E. Sacramento Avenue Chico, CA 95926 Re: Use Permit, AP UP 00-09 Dear Mr. Martin: �iuite 160 L A N D O F 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 The Clerk of the Board of Supervisors set public hearing for May 30, 2000, at 11:30 a.m. to consider an appeal of the Planning Commission's approval of a Use Permit revoking a homesite segregation agreement on the north side of Chatfield Avenue, approximately 400 feet west of Azevedo Avenue, in the Biggs area. L 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 Planning/Administrative Support Service Assistant /Ir cc: Nina Lambert BUTTE COUNTY CLERK OF THE BOARD USE ONLY BOARD OF SUPERVISORS MEETING DATE: AGENDA TRANSMITTAL AGENDA ITEM: AGENDATITLE: Nina Lambert's appeal of a Use Permit for Scott Martin DEPARTMENT: DDS, Planning DATE: 5/16/00 IPHONE:7601 MEETING DATE R EQUESTED: 5/30/00 CONTACT: Stephen Betts REGULAR X CONSENT DEPARTMENT SUMMARY AND REQUESTED BOARD ACTION: See Attached AGENDA ITEM SUBMITTAL REQUIRES THE ORIGINAL AND NINE (9) COPIES ATTACH EXPLANATORY MEMORANDUM AND OTHER BACKGROUND INFORMATION AS NECESSARY Budgetary Impact: Yes No - X CAO OFFICE USE ONLY If yes, complete Budgetary Impact Worksheet on back Budget Transfer Requested: Yes No X Administrative Office Review If yes, complete Budget Transfer Request Worksheet on back. Administrative Office Staff Contact (Deadline is one business day prior to normal agenda teadline) Will Proposal Require an Agreement: Yes No 4/5's Vote Required: Yes: No: Auditor -Controller's Number (if required): County Counsel's Approval:. Yes No Date Received by Clerk of Board: Will Proposal Require Additional Personnel: Yes No X Number of Permanent: Temp Extra Help Previous Boar�tActZ Tte: Additional Information Attached: Yes X No ac e s Describe Rev. into SPE&L INSTRUCTIONS TO CLEIO Number of originals required to be returned to Department: "Please Note". Department is responsible for returning contract to contractor. Clerk of the Board returns completed Auditor's copy ONLY. Requested Board Action: Ordinance Required Resolution Required Minute Order Required For Information Only BUDGETARY IMPACT WORKSHEET Current Year Estimated Cost/Funding Source Estimated Cost $ Amount Budgeted $ (Budget Unit Number: ) (Fund Name: ) (Fund Number: ) Additional Requested $ Source of Additional Funds Reauested Annualized cost $ if also planned for next year. Budget Transfer Authorized By Administrative Office Authorized Signature Date Transfer Request: Contingencies $ (Fund Name: ) (Fund Number: ) Unanticipated Revenue $ (Source: ) (Rev. Code: ) Other Transfer(s) $ 1. Complete worksheet below 2. Deadline is one business day 2EjSLr to normal agenda deadline Total Source of Funds $ Board Action Required for B -Transfer? Yes No BUDGET TRANSFER REQUEST WORKSHEET AMOUNT LINE ITEM LINE ITEM Transfer $ (No Cents) From To Transfer S (No Cents) From To Transfer $ (No Cents) From To Transfer (No Cents) From To SUMMARY: Appellant: Nina Lambert, Applicant: Scott A. Martin, appeal of a Planning Commission approval of a Use Permit application to terminate the Conveyance of Development Rights and Open Area Easement of a homesite segregation agreement on property zoned A-5 (Agricultural, 5 -acre minimum parcel size). The property is located on the north side of ChatfieldAvenue, approximately 400 feet west of Azevedo Avenue, in the Biggs area. APN: 022-190-049 (SB) (File # APL 00-10 (UP 00-09) ACTIONS FOR CONSIDERATION Based upon the concerns of the appellant, staff recommends that the Board consider the Planning Commission's finding that circumstances regarding the property and other properties in the area have changed sufficiently to warrant termination of the agricultural segregation agreement. If the Board concurs with the Planning Commission that changes have occurred to warrant reconsideration of the agreement, the Board should deny the appeal and approve the Use Permit with the conditions as approved by the Planning Commission and found in Exhibit A. If the Board determines that circumstances regarding the property and other properties in the area have not changed sufficiently to warrant termination of the agricultural segregation agreement, the Board should uphold the appeal and deny the Use Permit. Alternate actions for consideration for upholding the appeal and denial of the Use Permit have been prepared. Staff recommends that the Board of Supervisors take one of the following two actions: Deny the appeal by Nina Lambert of the Planning Commission's approval. of a Use Permit application to terminate the Conveyance of Development Rights and Open Area Easement of a homesite segregation agreement on APN 022-190-049, File No. UP 00-09. II. Determine the project to be Categorically Exempt from environmental review under Section 15303(a) of the California Environmental Quality Act. III. Approve the Use Permit to terminate the Conveyance of Development Rights and Open Area Easement (Butte County Recorder Serial Number 82-34889, Book 2772, Pages 521 through 526), on APN 022-190-049 for Scott A. Martin, subject to the conditions found in Exhibit "A" and based on the following findings: A. Circumstances regarding the property and other properties in the area have changed sufficiently to allow termination of the Conveyance of Development Rights and Open Area Easement. M Staff recommends that the Board of Supervisors take the following actions if the Board chooses to uphold the appeal and deny the Use Permit. Uphold the appeal by Nina Lambert of the Planning Commission's approval of a Use Permit application to terminate the Conveyance of Development Rights and Open Area Easement of a homesite segregation agreement on APN 022-190-049, File No. UP 00-09. II. Deny the Use Permit to terminate the Conveyance of Development Rights and Open Area Easement (Butte County Recorder Serial Number 82-34889, Book 2772, Pages 521 through 526), on APN 022-190-049 for Scott A. Martin, based on the following findings: A. Circumstances regarding the property and other properties in the area have not changed sufficiently to allow termination of the Conveyance of Development Rights and Open Area Easement. JAWPDOCS\FORMS\SUMMARY.WPD USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP 00-09 PERMIT NO. 022-190-049 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Scott A. Martin is hereby granted a Use Permit in accordance with application filed: Use Permit to terminate the Conveyance of Development Rights and Open Area Easement on APN 022-190-049. 1. This Use Permit terminates the Conveyance of Development Rights and Open Area Easement, recorded November 23, 1982, Butte County Recorder Serial Number 82-34889, Book 2772, Pages 521 through 526. All development rights revert to the Grantor and all successors. 2. 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. 3. 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. 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. Conditions of Approval: Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. 0 0 2. Provide an all weather access to all structures. The access shall have a minimum 10 foot width and 15 foot vertical clearance, and be able to accommodate a 40,000 pound fire apparatus. Public Works Department 3. Prior to issuance of a building permit, obtain encroachment permits from the Public Works Department for any existing or new driveway approaches onto Chatfield Avenue, and construct the driveway approaches to County standards. 4. The parcel proposed for the new dwelling has not been proven satisfactory for sewage disposal and will need to prove it is satisfactory prior to issuance of the required sewage disposal permit. The sewage disposal system for the new dwelling shall meet the same sewage disposal requirements in effect at the time of the parcel's creation in 1982. 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. Chair, Butte County Board of Supervisors CC: Land Development Division Building Division Health Department Butte County Fire Department/CDF Agricultural Commissioner 4 0 • TABLE OF CONTENTS Agenda Report Form Board Agenda Report PAGE Attachment A: Zoning/General Plan Map Attachment B: Letter of Appeal, April. 14, 2000 2 Attachment C: April 13, 2000, Planning Commission Agenda Report with attachments and minutes 3 Attachment D: Site Plan 17 • BUTTE COUNTY BOARD OF SUPERVISORS AGENDA REPORT - May 30, 2000 Appellant: Nina Lambert Location: On the north side of Chatfield Avenue, approximately 400 Applicant: Scott A. Martin feet west of Azevedo Avenue, in the Biggs area. File #: APL 00-10 (UP 00-09) Parcel Size: 5.5 acres Request: Appeal of a Planning Commission approval of a Use Zone Date: June 29, 1982 Permit application to terminate the Conveyance of Supervisorial Development Rights and Open District: .4 Area Easement of a homesite segregation agreement. Project Planner: Stephen Betts G.P.: Orchard and Field Crops Senior Planner Zoning: A-5 (Agricultural, 5 -acre Attachments: minimum parcel size) A. Zoning/General Plan Map B. Letter of Appeal, April 14, 2000 APN: 022-190-049 C. April 13, 2000, Planning Commission Agenda Report, with attachments, and Minutes D. Site Plan STAFF COMMENT This appeal is made pursuant to Butte County Code Section 24-45.30 and is a "de novo' hearing. The Board of Supervisors may consider all applications, papers, maps, exhibits, and staff recommendations presented to the Planning Commission in reaching its decision. ANALYSIS On April 13, 2000, the Planning Commission held a public hearing on a Use Permit application to terminate the Conveyance of Development Rights and Open Area Easement of a homesite segregation agreement. The Planning Commission voted 3-2 to approve the termination based upon the finding that circumstances regarding the property and other properties in the area has changed sufficiently to allow termination of the Conveyance of Development Rights and Open Area ArButte County Department of Development Services ArAgenda Report sPage 1 Ar 0 0 Easement. Several members of the Commission did not consider the 5.5 acre parcel to be viable for agricultural uses without a dwelling unit being placed on the parcel. The appellant did not state a reason for the appeal in the letter of appeal. However, staff contacted the appellant by phone, who stated that she believed the Planning Commission erred in its finding that the project area had changed sufficiently to allow termination of the agricultural segregation agreement. The appellant requests that the Board determine what constitutes a "sufficient change" to allow termination of an agricultural segregation agreement. The appellant is concerned that the Planning Commission's approval of the termination may set a precedent, which may encourage other land owners with agricultural segregation agreements to seek to terminate their agreements. Forty-one homesite segregations were approved by the County from the 1981 to 1994. It is not known how many of those forty-one approved segregations actually created a new parcel. The County stopped processing requests for homesite segregations in 1996 upon adoption of the Agricultural Element of the General Plan. As stated in the Planning Commission agenda report, it appears that the project area has not changed significantly since the segregation agreement was approved in 1982. Two 5 -acre parcels have been created along Chatfield Avenue since approval of the agreement. The General Plan land use designations for the area (Orchard and Field Crops and Agricultural -Residential) have not changed, nor has the A-5 zone been changed. ACTIONS FOR CONSIDERATION Based upon the concerns of the appellant, staff recommends that the Board consider the Planning Commission's finding that circumstances regarding the property and other properties in the area have changed sufficiently to warrant termination of the agricultural segregation agreement. If the Board concurs with the Planning Commission that changes have occurred to warrant reconsideration of the agreement, the Board should deny the appeal and approve the Use Permit with the conditions as approved by the Planning Commission and found in Exhibit A. If the Board determines that circumstances regarding the property and other properties in the area have not changed sufficiently to warrant termination of the agricultural segregation agreement, the Board should uphold the appeal and deny the Use Permit. Alternate actions for consideration for upholding the appeal and denial of the Use Permit have been prepared. Staff recommends that the Board of Supervisors take one of the following two actions: Deny the appeal by Nina Lambert of the Planning Commission's approval of a Use Permit application to terminate the Conveyance of Development Rights and Open Area Easement of a homesite segregation agreement on APN 022-190-049, File No. UP 00-09. II. Determine the project to be Categorically Exempt from environmental review under Section 15303(a) of the California Environmental Quality Act. Ar Butte County Department of Development Services &Agenda Report ir Page 2 ir 0 • III. Approve the Use Permit to terminate the Conveyance of Development Rights and Open Area Easement (Butte County Recorder Serial Number 82-34889, Book 2772, Pages 521 through 526), on APN 022-190-049 for Scott A. Martin, subject to the conditions found in Exhibit "A" and based on the following findings: A. Circumstances regarding the property and other properties in the area have changed sufficiently to allow termination of the Conveyance of Development Rights and Open Area Easement. N' Staff recommends that the Board of Supervisors take the following actions if the Board chooses to uphold the appeal and deny the Use Permit. I. Uphold the appeal by Nina Lambert of the Planning Commission's approval of a Use Permit application to terminate the Conveyance of Development Rights and Open Area Easement of a homesite segregation agreement on APN 022-190-049, File No. UP 00-09. II. Deny the Use Permit to terminate the Conveyance of Development Rights and Open Area Easement (Butte County Recorder Serial Number 82-34889, Book 2772, Pages 521 through 526), on APN 022-190-049 for Scott A. Martin, based on the following findings: A. Circumstances regarding the property and other properties in the area have not changed sufficiently to allow termination of the Conveyance of Development Rights and Open Area Easement. K:\PROJECTS\UPC\MARTIN.UP\BOS. RPT USE PERMIT Butte County Department of Development Services ir Agenda Report ir Page 3 x • BUTTE COUNTY PLANNING COMMISSION • DATE: (Certified Mail Ree.) UP 00-09 PERMIT NO. 022-190-049 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Scott A. Martin is hereby granted a Use Permit in accordance with application filed: Use Permit to terminate the Conveyance of Development Rights and Open Area Easement on APN 022-190-049. This Use Permit terminates the Conveyance of Development Rights and Open Area Easement, recorded November 23, 1982, Butte County Recorder Serial Number 82-34889, Book 2772, Pages 521 through 526. All development rights revert to the. Grantor and all successors. 2. 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. 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. 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. Conditions of Approval: Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. 2. Provide an all weather access to all structures. The access shall have a minimum 10 foot width and 15 foot vertical clearance, and be able to accommodate a 40,000 pound fire apparatus. Ar Butte County Department of Development Services sAgenda Report s Page 4 ir r 3. Prior to issuance of a building permit, obtain encroachment permits from the Public Works Department for any existing or new driveway approaches onto Chatfield Avenue, and construct the driveway approaches to County standards. 4. The parcel proposed for the new dwelling has not been proven satisfactory for sewage disposal and will need to prove it is satisfactory prior to issuance of the required sewage disposal permit. The sewage disposal system for the new dwelling shall meet the same sewage disposal requirements in effect at the time of the parcel's creation in 1982. 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. Chair, Butte County Board of Supervisors CC: Land Development Division Building Division Health Department Butte County Fire Department/CDF Agricultural Commissioner k Ar Butte County Department of Development Services ff Agenda Report Ar Page 5 Ar RECEIVED APR 2 5 2000 BUTTE COUNTY Y L •_�NNIN C DIVISION NINA LAMBERT 1643 Chico River Road Chico, CA. 95928 Clerk of the Board of Supervisors 25 County Center Drive Oroville, CA. 95965 Dear Board Members, April 14, 2000 Re: Use Permit No. 00-09, APN 022-190-049 SCOTT R. MARTIN This is a request for an Appeal to be set for hearing on the above Use Permit application which was approved by the Butte County Planning Commission on April 13, 2000. Enclosed is my check in the amount of $50.00 to cover the Appeal fee. Sincerely, Nina Lambert nl Encl: Check Scott A. Martin, (Item determined to be Categorically Exempt from environmental review) Use Permit to terminate the Conveyance of Development Rights and Open Area Easement of a homesite segregation agreement on property zoned A-5 (Agricultural - 5 acre parcels). The property is located on the north side of Chatfield Avenue, approximately 400 feet west of Azevedo Avenue, in the Biggs area. APN 022-190-049 (SB) (File # UP 00-09) Mr. Betts gave a brief summary of the hearing. He noted that homesite segregations are no longer permitted in the County. He said staff is recommending denial of this request. He stated that a letter was submitted from the City of Gridley opposed to this request. He said the applicant has submitted petitions from the neighbors in favor. Commissioner Lambert said if a General Plan amendment and rezone are initiated, it should be by the applicant and not the Commission. She said there has been no change in the land uses on the property or in the project area since the homesite segregation was approved in 1982. Mr. Betts said that 50 percent of the parcels on Chatfield Avenue have dwellings and agricultural uses. Commissioner Lambert asked if this was granted, could they meet the 300 foot buffer required in the Agricultural Element? Mr. Betts said probably not. Commissioner Cage said she visited the property yesterday and the area is more residential than agricultural. The hearing was opened to the public. Scott Martin said there are truck farms in the area. He said he sees this as a residential area. He said he did not see large scale agricultural use in this area. He said the soil is more a Class 3 than a Class 2. He said a house on this property would only take out 1/4 or so of an acre. He said it was a fantasy to think there would be large scale farming on this property. Chairman Leland said the argument Mr. Martin is making is the opposite of the one that drove the agricultural segregation policy initially. The theory used to be they would .enhance agriculture by segregating the agricultural use from the residential use. He said now you are arguing that you need a house on the agricultural parcel to encourage agriculture. Mr. Martin said he bought the property two years ago. He was aware that there was a restriction against building a dwelling on this property, but "I went out and looked at it and said this can't be right." He said he looked at the property and said there should be a house there, and he figured it would be agreeable with the County. He said he read the restriction in the title report before he bought the property, but again when he went and looked around he thought there was no common sense purpose to the restriction. He said there are new homes in the area. He did not feel someone would move equipment to this 5 acre parcel and farm it without living there. Commissioner Lambert said the other houses are perfectly acceptable, except this parcel has a restriction that says no. She said this parcel has a restriction because the originator of the request had a 7 acre parcel he could not divide any other way in a 5 acre zone except to go through this, understanding the restrictions. She said Mr. Martin has the option of initiating a change in the General Plan and zoning. 3 ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES 0 APRIL 13, 2000 ■ PAGE 2 ■ Chairman Leland said change in the area has not happened. He said he has to ask himself if this same application for a segregation came in today would the County allow a simple lot split with both lots being buildable? He said the parcel was first split with a restriction on one that this would not increase the residential density, now this request would eliminate that restriction if approved. He said those two actions are the same as if the County had granted a simple lot split in the 80s. He said the question is has the situation changed so much that if this application for a lot split was brought to them today, would it be approved? He said whether or not this is a viable agricultural parcel is irrelevant, that decision was made when the zoning was imposed on this property. He said the parcel is more viable as agricultural land without a dwelling. He said agriculture and residential do not mix. Commissioner Cage asked staff about Option 3 Mr. Betts said those are the options listed in the Zoning Ordinance. He said the Commission can take this action if they wish. There was a brief discussion on whether the County should initiate the change for one individual parcel Mr. Martin said concerning the original agreement in 1982, it could be waived, and keep the property agricultural -residential which is in keeping with the area. He said if the object is to increase agricultural production then there should be a home here. Kim Paredes said she lives in the area. She said there are 7 dwellings on this road. She was in favor of this application. She said they are not asking to change the zone, that would change the area. She said the approved low income housing next to this property with 30 new homes, constitutes a change. She said the person who did the agricultural segregation at that time lived.on that property. Commissioner Cage read the approval motion as listed on Page 4 of the Report as an option Mr. Betts said the Commission could make that motion if they can make the findings of change, then this would be the appropriate action. Commissioner Mooney asked about setbacks for spraying in 1982. Commissioner Lambert said there were some, but she did not know what they were. Commissioner Mooney said the Agricultural Element changes the nature of the area. He said this would be a small ranchette and he was in favor of the request. Mr. Martin said it would be the reasonable thing to do. The hearing was closed. Chairman Leland said there is an inconsistency with allowing this to happen. He said he could not make the findings that conditions have changed in the area. He said this same request was denied two years ago and should still be denied. Commissioner Nelson said he thought the agricultural segregation should not have occurred. He said he would be in favor of a General Plan amendment and rezone or cancel the restriction. He asked what good would be accomplished by holding this one parcel out in this area from having a home. Al ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ APRIL 13, 2000 0 PAGE 30 Commissioner Lambert said if a General Plan amendment and rezone are initiated, it should be by the people. She said she could not make the findings to change the contract that was entered into. Chairman Leland said if you enforce the restriction the ordinance works. He said he believes the property is more viable for agricultural use as it is now. Commissioner Lambert said there is still the question on whether or not there is a 300 foot buffer. Mr. Parilo said the Agricultural Element requires a 300 foot buffer when residential uses are being established. He said the question is whether it is required in an A zone or on property abutting the A zones. Commissioner Mooney said the Agricultural Element changes the character of the area. Chairman Leland said the applicant knew there was a restriction on the property when he bought it. Commissioner Cage said the lot looks like there is not agricultural use on it or in the area. She said she did not consider this an agricultural property. It was moved by Commissioner Mooney, seconded by Commissioner Cage, and carried to approve the request to terminate the Conveyance of Development Rights and Open Area Easement for APN 022-190-048 and 022-190-049 subject to the findings listed below. Determine the project to be Categorically Exempt from environmental review under Section 15303(a) of the California Environmental Quality Act: Il. Approve the Use Permit to terminate the Conveyance of Development Rights and Open Area Easement (Butte County Recorder Serial Number 82-34889, Book 2772, Pages 521 through 526), on APN 022-190-049 for Scott A. Martin, subject to the conditions found in Exhibit "A" and based on the following findings: A. Circumstances regarding the property and other properties in the area have changed sufficiently to allow termination of the Conveyance of Development Rights and Open Area Easement. AYES: Commissioners Cage, Mooney, and Nelson NOES: Commissioner Lambert and Chairman Leland ABSENT: No one ABSTAINED: No one ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ APRIL 13, 2000 ■ PAGE 4■ f0 BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT - April 13, 2000 Applicant: Scott A. Martin Parcel Size: 5.5 acres File #: UP 00-09 Request: Use Permit to terminate the Conveyance of Development Rights and Open Area Easement of a homesite segregation agreement. G.P.: OFC (Orchard & Field Crop) Zoning: A-5 (Agricultural, 5 -acre minimum parcel size) APN: 022-1.90-049 Location: On the north side of Chatfield Avenue, approximately 400 feet west of Azevedo Avenue, in the Biggs area STAFF COMMENT: Zone date: June 29, 1982 Project Stephen Betts, Planner: Associate Planner Supervisor District: 4 Attachments: A. Letter from the Terry and Kim Paredes, received February 4, 2000 B. Petition from neighbors, received February 4, 2000 C. March 27, 1997, Planning Commission Meeting Minutes D. ' Use Permit 82-26 E. Conveyance of Development Rights and Open Area Easement F. Site Plan Staff recommends denial of this Use Permit project because the project site has not been rezoned and because conditions in the project area have not significantly changed since approval of the homesite segregation in 1982. PROJECT DESCRIPTION/SITE CHARACTERISTICS: This is an application for a Use Permit to terminate the Conveyance of Development Rights and Open Area Easement of a homesite segregation agreement. Termination of the Agreement will allow the 5.5 -acre parcel to be developed with a single family dwelling unit and accessory structures. The Use Permit allowing the homesite segregation was approved by the Planning Commission on July 8, 1982. The Conveyance of Development Rights and Open Area Easement ("Agreement") was recorded on November 23, 1982. The terms of the Agreement allowed the creation of a 2 -acre residential parcel and a 5.5 -acre agricultural parcel. Only the 2 -acre parcel could be developed with ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT 0 PAGE I ■ a dwelling unit, and the 5.5 -acre parcel could only be utilized for agricultural purposes. The Agreement granted residential development rights on the 5.5 -acre parcel to the County. Both parcels were created by a subsequent parcel map. The Use Permit and Agreement are in force for a minimum of ten years from the time of recording of the Agreement and continue until the applicant applies for termination or partial termination. The ten-year period ended on November 23, 1992. A copy of the Agreement is attached. The terms of the Agreement allow for termination of the Agreement only upon the occurrence of any of the following events: • The property is rezoned to any other zone. • At least ten (10) years has elapsed from date of recordation, and the Planning Commission finds circumstances regarding the property and other properties in the area have changed sufficiently to reconsider the restriction. A previous request to terminate the Agreement on the property was denied by the Planning Commission on March 27, 1997. The Commission voted unanimously to deny the termination, finding that the circumstances regarding the property and other properties in the area have not changed sufficiently to reconsider the restriction. A copy of the minutes from the March 27, 1997, Planning Commission meeting is attached. New homesite segregations are no longer allowed in the County. The Board of Supervisors, in approving the Agricultural Element of the General Plan on May 9, 1996, supported the position to discontinue agricultural segregations for homesites (Agricultural Element, Goal 3, Policy 3.3, page AE -13). No agricultural uses have been established on the property. Grasses are the primary vegetation, with berry bushes found along the north, south, and west property lines. A drainage ditch is located on the south property line. The soils on the site have a Soil Conservation Service Classification of II, which are considered prime agricultural soils. Surrounding and nearby parcels ranges in size from .57 to 67 acres, with the predominant size being in the 5 to 10 acre range. Land uses on the surrounding and nearby parcels are dwellings at rural residential densities, cattle and sheep or; irrigated pastures, and orchards. The majority of the parcels in the area are developed with a dwelling unit. The property is not located within the City of Biggs Sphere of Influence. ANALYSIS: The project site is located in an area that remains in active agricultural production. Two 5 -acre parcels have been created along Chatfield Avenue since approval of the Agreement in 1982. Two new homes have been constructed on parcels fronting on Chatfield Avenue, although these new hoines replaced existing homes. There has not been a significant change in the land uses in the area from when the Agreement was approved. The General Plan land use designations for the area (Orchard and Field Crops and Agricultural -Residential) have not changed, nor has the A-5 zone been ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ PAGE 2 ■ changed. The potential exists that the 5.5 -acre project site could be put into agricultural production and be a viable farming unit. The Butte County Environmental Health Department states that development of the site with a dwelling unit requires the parcel to meet the sewage disposal requirements that were in effect at the time the parcel was created. The Public Works Department requests that encroachment permits be obtained for any existing or new driveway approaches onto Chatfield Avenue, and that the driveway approaches be constructed to County standards. The Butte County Fire Department/CDF requests that the project comply with Public Resources Code 4290, including building addressing and driveway standards. RECOMMENDATION: Staff recommends that the Planning Commission deny this Use Permit because the project site has not been rezoned and because conditions in the project area have not significantly changed since approval of the homesite segregation in 1982. Butte County Code Section 24-285.C. allows the Commission to consider several options with regards to termination of an agricultural segregation agreement. The options are: 1. Terminate or partially terminate the covenant and remove conditions from the Use Permit. 2. Extend the covenant for a period not to exceed ten (10) years. 3. Consider the area for change. in designation. from Orchard and Field Crops, Grazing and Open Land, or Agricultural -Residential to a non-agricultural designation under the General Plan. The Planning Commission may wish to consider one of these options. Alternative actions have been prepared if the Commission prefers to approve this project. ACTIONS FOR CONSIDERATION: Staff recommends that the Planning Commission take the following actions: I. Deny the Use Permit to terminate the Conveyance of Development Rights and Open Area Easement (Butte County Recorder Serial Number 82-34889, Book 2772, Pages 521 through 526), on APN 022-190-049 for Scott A. Martin, based upon the following findings: A. The property has not been rezoned to any other zone. B. Land uses on the property and in the project area have not changed significantly since the homesite segregation was approved in 1982. If the Planning Commission supports the Use Permit they should take the following action: ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ PAGE 3 0 Determine the project to be Categorically Exempt from environmental review under Section 15303(a) of the California Environmental Quality Act. II. Approve the Use Permit to terminate the Conveyance of Development Rights and Open Area Easement (Butte County Recorder Serial Number 82-34889, Book 2772, Pages 521 through 526), on APN 022-190-049 for Scott A. Martin, subject to the conditions found in Exhibit "A" and based on the following findings: A. Circumstances regarding the property and other properties in the area have changed sufficiently to allow termination of the Conveyance of Development Rights and Open Area Easement. K:\PROJECTS\UPC\MARTIN.UP\MARTIN.RPT ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT 0 PAGE 4 0 USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Ree.) UP 00-09 PERMIT NO. 022-190-049 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Scott A. Martin is hereby granted a Use Permit in accordance with application filed: Use Permit to terminate the Conveyance of Development Rights and Open Area Easement on APN 022-190-049. 1. This Use Permit terminates the Conveyance of Development Rights and Open Area Easement, recorded November 23, 1982, Butte County Recorder Serial Number 82-34889, Book 2772, Pages 521 through 526. All development rights revert to the Grantor and all successors. 2. 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. 3. 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. 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. Conditions of Approval: Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. fie" ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ PAGE 5 ■ 2. Provide an all weather access to all structures. The access shall have a minimum 10 foot width and 15 foot vertical clearance, and be able to accommodate a 40,000 pound fire apparatus. Public Works Department 3. Prior to issuance of a building permit, obtain encroachment permits from the Public Works Department for any existing or new driveway approaches onto Chatfield Avenue, and construct the driveway approaches to County standards. 4.. The parcel proposed for the new dwelling has not been proven satisfactory for sewage disposal and will need to prove it is satisfactory prior to issuance of the required sewage disposal permit. The sewage disposal system for the new dwelling shall meet the same sewage disposal requirements in effect at the time of the parcel's creation in 1982. 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 Health Department Butte County Fire Department/CDF Assessor's Office Agricultural Commissioner I/ ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT 0 PAGE 6 0 till m F��-V% 0.- Dear` Meffibers o ilie'Plannifig Commission I dm'writing this 16tter'on behalf of myfamily and myself., We .are very'interested in purchasing the property W. of 118. Chatfield -Avenue. The'largest reason for wanting to buy this property is'it is a family lane for us.- I have several close friends, cousins and my'aunt,,Mary Perry, that reside on this street as well as in the town of Biggs. My husband and I have 3 small children Anthony 8, Joshua 6. and Katie 3. �, We have always wanted some property so they could enjoy 4-H opportunities like raising a cow, sheep, pig or other small show animal that they are interested in. We also would like to develop a small orchard to farm and maybe even get a horse or two. My husband and I never got to experience the country as children and we feel this is a great opportunity for our kids to learn the basics of living. This is an avenue full of small parcels approximately 5 acres and has the appearance of a nice country lane not road full of agriculture or large farms. This land is sitting dead and undeveloped, and has been in this condition for many many years and will continue to stay that way because it is not 'Useful agriculture land especially with all the houses and small parcels surrounding it. I hope you will consider granting us the use permit to build our dream home and raise our children in this wonderful area. Sincerely, Terry and Kim Paredes 'RECE-17T D .i . B7 T T E J' 0 C; *-N T 0 0? 15. J ,-8-,J S '27b7 C lJi�6S , page 2 /(0 J 'I A PETITION`:FROM NEIGHBORS '° A THIS ISA PETITION TO SAY THAT THE NEIGHBORS ON CHATFIELD `. AND AZEVEDO AVENUES.HAVE NO OPPOSITLON AND ARE ,r- AGREEABLE TO -A RESIDENCE BEING BUILT ON THE 55 ACRE 4 -'PARCEL W:" OF 118 CHATFIELD AVENUE:... Y , NAMES, : ADDRESSES rx page 2 /(0 ,01/13/2000 21:52 15306730156 HOLLOWAY CONST PAGE- 01 rr j ` 1 • I L RECEIVED EES BUTTE COUNTY PLAT WING DIVISION I `b 4p 0 �qs A RECEIVED APR 2 5 2000 BUTTE COUNTY PLANNING DIVISION NINA LAMBERT 1643 Chico River Road Chico, CA. 95928 April 14, 2000 Clerk of the Board of Supervisors 25 County Center Drive Oroville, CA. 95965 Re: Use Permit No. 00-09, APN 022-190-049 SCOTT R. MARTIN Dear Board Members, This is a request for an Appeal to be set for hearing on the above Use Permit application which was approved by the Butte County Planning Commission on April 13, 2000. Enclosed, is my check in the amount of $50.00 to cover the Appeal fee. Sincerely, Nina Lambert n1 Encl: Check BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT - April 13, 2000 Applicant: Scott A. Martin Parcel Size: 5.5 acres File #: UP 00-09 Request: Use Permit to terminate the Conveyance of Development Rights and Open Area Easement of a homesite segregation agreement. G.P.: OFC (Orchard & Field Crop) Zoning: A-5 (Agricultural, 5 -acre minimum parcel size) APN: 022-190-049 Location: On the north side of Chatfield Avenue, approximately 400 feet west of Azevedo Avenue, in the Biggs area STAFF COMMENT: Zone date: June 29, 1982 Project Stephen Betts, Planner: Associate Planner Supervisor District: 4 Attachments: A. Letter from the Terry and Kim Paredes, received February 4, 2000 B. Petition from neighbors, received February 4, 2000 C. March 27, 1997, Planning Commission Meeting Minutes D. Use Permit 82-26 E. Conveyance of Development Rights and Open Area Easement F. Site Plan Staff recommends denial of this Use Permit project because the project site has not been rezoned and because conditions in the project area have not significantly changed since approval of the homesite segregation in 1982. PROJECT DESCRIPTION/SITE CHARACTERISTICS: This is an application for a Use Permit to terminate the Conveyance of Development .Rights and Open Area Easement of a homesite segregation agreement. Termination of the Agreement will allow the 5.5 -acre parcel to be developed with a single family dwelling unit and accessory structures. The Use Permit allowing the homesite segregation was approved by the Planning Commission on July 8, 1982. The Conveyance of Development Rights and Open Area Easement ("Agreement") was recorded on November 23, 1982. The terms of the Agreement allowed the creation of a 2 -acre residential parcel and a 5.5 -acre agricultural parcel. Only the 2 -acre parcel could be developed with ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ PAGE i ■ a dwelling unit, and the 5.5 -acre parcel could only be utilized for agricultural purposes. The Agreement granted residential development rights on the 5.5 -acre parcel to the County. Both parcels were created by a subsequent parcel map. The Use Permit and Agreement are in force for a minimum of ten years from the time of recording of the Agreement and continue until the applicant applies for termination or partial termination. The ten-year period ended on November 23, 1992. A copy of the Agreement is attached. The terms of the Agreement allow for termination of the Agreement only upon the occurrence of any of the following events: • The property is rezoned to any other zone. • At least ten (10) years has elapsed from date of recordation, and the Planning Commission finds circumstances regarding the property and other properties in the area have changed sufficiently to reconsider the restriction. A previous request to terminate the Agreement on the property was denied by the Planning Commission on March 27, 1997. The Commission voted unanimously to deny the termination, finding that the circumstances regarding the property and other properties in the area have not changed sufficiently to reconsider the restriction. A copy of the minutes from the March 27, 1997, Planning Commission meeting is attached. New homesite segregations are no longer allowed in the County. The Board of Supervisors, in approving the Agricultural Element of the General Plan on May 9, 1996, supported the position to discontinue agricultural segregations for homesites (Agricultural Element, Goal 3, Policy 3.3, page AE -13). No agricultural uses have been established on the property. Grasses are the primary vegetation, with berry bushes found along the north, south, and west property lines. A drainage ditch is located on the south property line. The soils on the site have a Soil Conservation Service Classification of II, which are considered prime agricultural soils. Surrounding and nearby parcels ranges in size from .57 to 67 acres, with the predominant size being in the 5 to 10 acre range. Land uses on the surrounding and nearby parcels are dwellings at rural residential densities, cattle and sheep ori irrigated pastures, and orchards. The majority of the parcels in the area are developed with a dwelling unit. The property is not located within the City of Biggs Sphere of Influence. ANALYSIS: The project site is located in an area that remains in active agricultural production. Two 5 -acre parcels have been created along Chatfield Avenue since approval of the Agreement in 1982. Two new homes have been constructed on parcels fronting on Chatfield Avenue, although these new homes replaced existing homes. There has not been a significant change in the land uses in the area from when the Agreement was approved. The General Plan land use designations for the area (Orchard and Field Crops and Agricultural -Residential) have not changed, nor has the A-5 zone been 0 BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT 0 PAGE 2 0 changed. The potential exists that the 5.5 -acre project site could be put into agricultural production and be a viable farming unit. The Butte County Environmental Health Department states that development of the site with a dwelling unit requires the parcel to meet the sewage disposal requirements that were in effect at the time the parcel was created. The Public Works Department requests that encroachment permits be obtained for any existing or new driveway approaches onto Chatfield Avenue, and that the driveway approaches be constructed to County standards. The Butte County Fire Department/CDF requests that the project comply with Public Resources Code 4290, including building addressing and driveway standards. RECOMMENDATION: Staff recommends that the Planning Commission deny this Use Permit because the project site has not been rezoned and because conditions in the project area have not significantly changed since approval of the homesite segregation in 1982. Butte County Code Section 24-285.C. allows the Commission to consider several options with regards to termination of an agricultural segregation agreement. The options are: 1. Terminate or partially terminate the covenant and remove conditions from the Use Permit. 2. Extend the covenant for a period not to exceed ten (10) years. 3. Consider the area for change in designation from Orchard and Field Crops, Grazing and Open Land, or Agricultural -Residential to a non-agricultural designation under the General Plan. The Planning Commission may wish to consider one of these options. Alternative actions have been prepared if the Commission prefers to approve this project. ACTIONS FOR CONSIDERATION: Staff recommends that the Planning Commission take the following actions: I. Deny the Use Permit to terminate the Conveyance of Development Rights and Open Area Easement (Butte County Recorder Serial Number 82-34889, Book 2772, Pages 521 through 526), on APN 022-190-049 for Scott A. Martin, based upon the following findings: A. The property has not been rezoned to any other zone. B. Land uses on the property and in the project area have not changed significantly since the homesite segregation was approved in 1982. If the Planning Commission supports the Use Permit they should take the following action: ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ PAGE 3 ■ I. Determine the project to be Categorically Exempt from environmental review under Section 15303(a) of the California Environmental Quality Act. Il. Approve the Use Permit to terminate the Conveyance of Development Rights and Open Area Easement (Butte County Recorder Serial Number 82-34889, Book 2772, Pages 521 through 526), on APN 022-190-049 for Scott A. Martin, subject to the conditions found in Exhibit "A" and based on the following findings: A. Circumstances regarding the property and other properties in the area have changed sufficiently to allow termination of the Conveyance of Development Rights and Open Area Easement. K:\PROJECTS\UPC\M A RT IN. UP\MA RT IN. RPT ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ PAGE 4 ■ USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) i11Q�II�i 022-190-049 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Scott A. Martin is hereby granted a Use Permit in accordance with application filed: Use Permit to terminate the Conveyance of Development Rights and Open Area Easement on APN 022-190-049. 1. This Use Permit terminates the Conveyance of Development Rights and Open Area Easement, recorded November 23, 1982, Butte County Recorder Serial Number 82-34889, Book 2772, Pages 521 through 526. All development rights revert to the Grantor and all successors. 2. 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. 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. 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. Conditions of Approval: Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. 0 BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT 0 PAGE 5 ■ E • 2. Provide an all weather access to all structures. The access shall have a minimum 10 foot width and 15 foot vertical clearance, and be able to accommodate a 40,000 pound fire apparatus. Public Works Department 3. Prior to issuance of a building permit, obtain encroachment permits from the Public Works Department for any existing or new driveway approaches onto Chatfield Avenue, and construct the driveway approaches to County standards. 4. The parcel proposed for the new dwelling has not been proven satisfactory for sewage disposal and will need to prove it is satisfactory prior to issuance of the required sewage disposal permit. The sewage disposal system for the new dwelling shall meet the same sewage disposal requirements in effect at the time of the parcel's creation in 1982. 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 Health Department Butte County Fire Department/CDF Assessor's Office Agricultural Commissioner ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ PAGE 6 0 PpIr IP N,I - • ♦Vo11,C;� �l I IMF rwr 'Z �� .� W.0 ■■■■■■G ;�� iii■ .:. ,: : ■ 'Iffy :1111 ■ BUTTE COUNTY PLANNING CONMISSION Supervisorial Applicant: Scott Martin Owner: Same Hearing Date: April 13, 2000 @ 9:30 a.rrL Request: Use Permit revoldng a homesite, segregation agreement. District # 4 Assessor Parcel No: 022-190-049 April 18, 2000 Scott A. Martin 285 E. Sacramento Avenue Chico, CA 95926 Re: Use Permit, AP 022-190-049, UP 00-09 Dear Mr. Martin: ,gutt¢ C 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 At the regular meeting of the Butte County Planning Commission held April 13, 2000, your request for a Use Permit revoking a homesite segregation agreement, 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. Should you desire to appeal any of the conditions imposed by the Planning Commission, you must do so in writing, to the Clerk of the Board of Supervisors, 25 County Center Drive, Oroville, California, prior to 5:00 p.m., Monday, April 24, 2000. The appeal fee of $50.00 must be paid at that time. If you do not appeal and if there are no other appeal within the 10 calendar -day appeal period, the action of the Planning Commission is final. A Notice of Exemption (NOE) should be filed for purpose of completing the California Environmental Quality Act Requirements. The fee for filing the NOE 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 Planning Commission's 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 Planning Commission, 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, Lynne Richardson Planning/Administrative Support Service Assistant 04/11/2000 10:34 April 10, 2000 19163611574 :r PMC �(��yy i of Biggs ��W116.e l4e 6eofile oma lka iel,fa and Wale", 1)_ t tax 367 Vgss, $319larnia 95917 Mr. Steve Betts BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SEPWICES Planning Division 7 County Center Drive .0roville, CA, 95965 Re: File #UP 00-09, APN 022-190-049 Dear Mr. Betts: I am writing in regard to the above noted project referral that was circulated on March 7, 2000. As I mentioned today, the referral was not routed properly. within the City and reached my desk only today. Therefore, I am regdesting that you forward these comments to the County Planning Commission for consideration during their upcoming meeting. In general, the City wishes to discourage parcelization of land in the near vicinity to the City of Biggs. While. not located within the City sphere of influence, the subject parcel is located in an area that ultimately will be appropriate for urban development. At such future time, development should occur at a density. Further parcelization of this area and construction of wells and septic systems will reduce the efficiency of extending urban services and will impede orderly growth when such growth becomes appropriate. Within your referral, the document that conveyed the development rights states that the easement and grant of development rights shall terminate only when the property is rezoned or when "circumstances regarding said property and other properties in the area have changed sufficiently to reconsider the restriction." It does not appear that circumstances in the area have changed substantially and the general character and use of this land remains agricultural and rural residential. Unless it is the County's intent to promote large lot, rural residential development in this area, it does not appear appropriate to release the development restrictions. Thank you for your consideration. Sincerely, CITY OF BIGGS Paul Junker City Planner DECEIVED APR 1 1 2000 BUTTE COUNTY PLANNING DIVISION PAGE 01/01 • VMOHL9: - ' CITY HALL (916).888-6489 CITYE,HOP l9'tB)888-6016 I am writing in regard to the above noted project referral that was circulated on March 7, 2000. As I mentioned today, the referral was not routed properly. within the City and reached my desk only today. Therefore, I am regdesting that you forward these comments to the County Planning Commission for consideration during their upcoming meeting. In general, the City wishes to discourage parcelization of land in the near vicinity to the City of Biggs. While. not located within the City sphere of influence, the subject parcel is located in an area that ultimately will be appropriate for urban development. At such future time, development should occur at a density. Further parcelization of this area and construction of wells and septic systems will reduce the efficiency of extending urban services and will impede orderly growth when such growth becomes appropriate. Within your referral, the document that conveyed the development rights states that the easement and grant of development rights shall terminate only when the property is rezoned or when "circumstances regarding said property and other properties in the area have changed sufficiently to reconsider the restriction." It does not appear that circumstances in the area have changed substantially and the general character and use of this land remains agricultural and rural residential. Unless it is the County's intent to promote large lot, rural residential development in this area, it does not appear appropriate to release the development restrictions. Thank you for your consideration. Sincerely, CITY OF BIGGS Paul Junker City Planner DECEIVED APR 1 1 2000 BUTTE COUNTY PLANNING DIVISION �iutte couniv 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 27, 2000 Scott A. Martin 285 E. Sacramento Avenue Chico, CA 95926 Re: Use Permit, AP 022-190-049, UP 0049 Dear Mr. Martin: Enclosed is a copy of the Agenda Report concerning your application for a Use Permit revoking a homesite segregation agreement on the north side of Chatfield Avenue, approximately 400 feet west of Azevedo Avenue, in the Biggs area. Should you have any concerns with the report or conditions of approval, please contact us in advance of the meeting so that we may work together to resolve your concerns. A public hearing has been set for April 13, 2000, at 9:30 a.m. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. The Planning Commission recommends that the applicant or their authorized representative be present at the hearing to respond to any questions the Commission may have. Should you have any questions regarding this matter, please contact Stephen Betts of this office at 538-7601, between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson P lanning/Administrative Support Service Assistant Enc. j:\wpdocs\pcl tAschedule. mro {:- ; �/ ®► �;�, s ��,� .� r�:;a �� i PROOF eF PUBLICATION No. In the Matter of Public hearing Martin UP 00-09 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: March 22, 2000 I certify (or declare), under penalty of perjury, that the foregoing is true and correct, at Gridley, California. Dated March 22,2000 at Gridley, California U(Signature) 0 RECEIVED MAP ? 3 2000 B, TTE COUNTYPT PLA, ,TN T:;1VIsTO;4 BUTTE.COUNTY PLANNING COMMISSION I x NOTICE OF PUBLIC HEARING p.:,. Notice ,i s hereby ggiveri'6y the`B66 County Planning Commission that a`pubI* i " hearing: will.tie held'bn,Thursday .`AIi0 13, 2000"In ttie,Butte County Board -of :Supervisors'- Room; ,County ,A• ministration Center 25 CountyCenter Drive, . Oroville,:Califomia, regarding the following �t 1 �.� 'r.crcof�,�irn Tri FtF (`ATECORIGA� � Y EXEMPT' ! .... c�,vIP�1�I�AFNTAI REVIEW � 9.30 a.m. = ScottA. Martin, Use Permlt to terminate the Conveyance of --Development Rights and Open Area Easement of a homesite i segreggation agreement on property zoned A-5(Agricultural..- 5:acre > _ parcels):ghe property is located on the north side of Chatfield Azevedo Avehue 16 -the' .,Avenue, approximately 400 feet west of Biggs area: APN'022-190-049 (SB) (File #UP00-09)1; The atiove mentioned application and map are on file and available for public viewing at the office of.the Butte County Degelopment;Services Department, Planning Division, 7 County Center Drive; Oroville, 2Califo"rnia? For, formation call: (530) 538 7601 (hAonday through Friday, 8:00 a.m;;to 4100 p.m.) Comments may be submitted; in. -writing at any time pnor to the hearing or:orally at the "meetingg listed above or as may be continued to -a later date. Upon action taken by.the-. anteing Commission on the project: anappeal may be filed, with the. Clerk -of the Board of Supervisors. The'appeal'perid is 10 days. If you challengethe_above application in court, you may be limited -lo raisin g onl,y those issues you or someone else raised at thq public' earing,descul +cl.ill3pis 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 SER VICES e Gridley Herald) Publish: March 22,,2000 - ` MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Larry Painter FROM: Lynn SUBJECT: REQUEST FOR EXHIBITS AND PUBLIC NOTICE LIST DATE: March 20, 2000 Project Name: _Scott A. Martin File #: UP 00-09 THIS IS A REQUEST FOR: Number of Meeting Date Copies Black & white reproducible exhibit map Planning Commission _x @ 9:30 A.M. 4/13/00 _ 1 Development Review Planning Manager Vicinity Map " Planning Manager Color Exhibit Map Extension of Time Exhibit Map Color Planning Commission Exhibit Map " Color Board of Supervisors Exhibit Map Public Notice List Special Exhibits Backread Ordinance Public Notice List: Special instructions: The above request is due no later than 3/23/00 Special Instructions and/or research: NOTE: Exhibits should be saved until project is through process, which includes appeal period. 0 Notice is hereby given by the Butte County Planning Commission that a public hearing will be held on Thursday, April 13, 2000, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item: 9:30 a.m. - Scott A. Martin, Use Permit to terminate the Conveyance of Development Rights and Open Area Easement of a homesite segregation agreement on property zoned A- 5 (Agricultural - 5 acre parcels). The property is located on the north side of Chatfield Avenue, approximately 400 feet west of Azevedo Avenue, in the Biggs area. APN 022-190-049 (SB) (File # UP 00-09) The above mentioned application and map are on file and available for public viewing at the office of the Butte County Development Services Department, Planning Division, 7 County Center Drive, Oroville, California. For information call: (530) 538-7601 (Monday through Friday, 8:00 a.m. to 4:00 p.m.) Comments may be submitted in writing at anytime prior to the hearing or orally at the meeting listed above or as may be continued to a later date. Upon action taken by the Planning Commission on the project an appeal maybe filed with the Clerk of the Board of Supervisors. The appeal period is 10 days. If you challenge the above application in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the 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 Wednesday, March 22, 2000. i Betts, Steve From: Betts, Steve Sent: Thursday, March 16, 2000 11:54 AM To: Price, Richard Subject: Application for a Use Permit to terminate a homesite segregation agreement, File UP 00-09, APN 022-190-049 (Chatfield Ave., west of Azevedo Ave.) Richard, We requested comments from you concerning this project on Feb. 4, and I just want to double check to see if you do have any comments. We are recommending denial of the project. Thanks. Steve A-/ BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Public Works FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Scott A. Martin, UP 00-09 DATE: February 4, 2000 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 revoking a homesite segregation agreement on property zoned A-5 (Agricultural_ 5 acre arcel) located on the north side of Chatfield Avenue, approximately 400 feet west of A .evedo Avenue, in the Biggs area, identified as APN 022-190-049. Supervisorial District No. A F THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON June 8, 2000. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN February 22, 2000. 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): RRCVTUR n FEB - 7 2000 BUTTE COUNTY DIVIST N By: Date: Z-Oyo 7 County Center Drive - Oroville, California 95965 -530-538-7601 - FAX 530-538-778hECEVV'E® E E B 0 4 2000 COUNTY OF BUTTE DIV BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Scott A. Martin DATE: February 4, 2000 AGENT: APN: 022-190-049 FILE #: UP 00-09 PLANNER: PROJECT DESCRIPTION: Use Permit revoking a homesite segregation agreement Those items checked are conditions of approval. PLEASE CONTACT THE PUBLIC WORK. 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, _ feet of right-of-way from the centerline of . The right of way shall be sufficient for the installation of standard No. S-5 at all street intersections. 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 —s ' tandard, including but not limited to P.C.C. curb, gutter and sidewalk and the required street sectin 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 the peak flow runoff to said channel or facility, —2. 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 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. RECEIVED F E 0 0 4 2000 COUNT`! OF BUTTE LAND DEVELOPMENT DIV. LEAD IN SHEET FILE NO: IJP 00-09 AP# 022-190-049 APPLICANT:_ Scott A. Martin, 285 E. Sacramento Avenue, Chico, CA 95926 OWNER: Same REPRESENTATIVE: REQUEST: Use Permit revoking a homesite segregation agreement parcelSIZE: 5.5 acre • • on the i•x• side of •, -n iately 411 feet west of -d• Avenue, in the•• - SUPERVISORAL DISTRICT # 4_EXISTING ZONING: A-5 (Agricultural, 5 acrean rcel) ZONING HISTORY: SURROUNDING ZONING: SURROUNDING LAND USE: SITE HISTORY: GENERAL PLAN DESIGNATION: OFC (Orchard & Field Crop) APPLICABLE REGULATIONS: Date Rec'd 2-4-00 Irrigation District: Butte Water _ Biggs/W. Gridley Water _ Durham Irrigation OWID _ COMMENT DISTRIBUTION LIST APPLICATION: Scott A. Martin Table Mountain Irrigation _ Thermalito Irrigation _ Other DATE: February 4, 2000 Butte Water District _ County Offices and Cities: Del Oro Water Co. OWID _ _ Thermalito Irrigation District _ _ / Chief Administrative Officer _X Environmental Health Develop. Services Director X_,/' Public Works Director _X_✓ _X_,/ Assessor _ Building Manager Sheriff BCAG Fire- Protection ALUC _ X_ " LAFCo _ Air Quality Mgmt✓ _ Butte Co. Farm Bureau Biggs _ Gridley _ Chico Oroville _ Paradise _ / Chico Airport Commission Feather River Rec. & Park Animal Control _X_V Agricultural Commission Irrigation District: Butte Water _ Biggs/W. Gridley Water _ Durham Irrigation OWID _ Paradise Irrigation _ Richvale Irrigation Table Mountain Irrigation _ Thermalito Irrigation _ Other Domestic Water Butte Water District _ California Water Service Co. Del Oro Water Co. OWID _ _ Thermalito Irrigation District _ Other Sewer Butte Water District _ Themalito Irrigation _ Sterling City Sewer Main Skansen Subdivision (CSA 21) _ L.O.A. PUD Fire- Protection —XJ California Department of Forestry _ EI Medio Fire Protection District Recreation Districts _ Chico Area Recreation _ Durham Area Recreation _ Feather River Rec. & Park Paradise Recreation & Park Richvale Recreation & Parks Utilities PG&E North - Chico _ Chambers Cable TV Pacific Bell _ PG&E South - Oroville _ _ Viacom Cable TV State Agencies CalTrans (Traffic) _ Dept. of Water Resources _ Dept. of Fish and Game Forestry (Attn: Craig Carter)_ Dept of Parks and Rec. _ Highway Patrol Central Reg. Water Quality Cont _ Caltrans, Aeronautics Program Department of Conservation _ Off. of Mining Reclamation _ Off. of Governmental & 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 • 0 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Scott A. Martin, UP 00-09 DATE: February 4, 2000 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 revoking a homesite segL ation agreement on property zoned A-5 (AericulblmL 5 acreparcel) located on the north side of Chatfield Avenue, approximately 400 feet west of A evedo Avenue, in the Biggs area, identified as APN 022-190-049. Supervisorial District No. -4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON June 9, 2000. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN February 22, 2000. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): By: Date: 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Scott Martin DATE: February 4, 2000 AGENT: APN: 022-190-049 FILE #: UP 00-09 PLANNER: PROJECT DESCRIPTION: Use Permit revoking a homesite segregation agreement Those items checked are conditions of approval. PLEASE CONTACT THE BUILDING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED 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. BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Scott A. Martin DATE: February 4, 2000 AGENT: APN: 022-190-049 FILE #: UP 00-09 PLANNER: PROJECT DESCRIPTION: Use Permit revoking a homesite segregation agreement 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. 5. All electrical and mechanical equipment, including but not limited to air conditioning units, electrical boxes, transformers, and backflow preventers, shall be screened from public view. Screening shall be to the satisfaction of the Planning Division and in compliance with the Building Division. K. LANDSCAPING 1. A detailed landscape and irrigation plan consistent with the project site plan shall be submitted to and approved by the Planning Division prior to the issuance of building permits. 2. A plan of the existing on-site mature trees, located in any area proposed for buildings and vehicular access, shall be provided to and approved by the Planning Division prior to the issuance of building permits and/or prior to grading or vegetation removal. The applicant shall minimize the removal of mature trees, where possible. A mature tree shall be defined as a tree with a trunk measuring 4 inches in diameter, 4 feet from ground level. Mature trees removed shall be replaced by planting replacement trees of equal number and not less than _ gallon size. —3. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris, during the term of this permit. 4. All graded slopes, over 5 feet in height, or on slopes greater than _%, shall be seeded, planted, mulched or hydroseeded or otherwise protected to prevent erosion. A permanent irrigation system shall be installed for non-native vegetation. A one year Faithful Performance bond shall be posted to guarantee installation and established growth. 5. In parking lots of commercial and industrial development, trees of not less than 15 gallon size shall be provided to reduce heat gain from the paved surface and to soften the visual impact of the paved area. Such trees shall be planted at a minimum density of one tree every three parking spaces. Tree species shall be approved by the Planning Division prior to planting. 6. Prior to the commencement of grading and/or construction activity, all individual or groups of oak trees which are to be retained as part of the project, shall be fully protected through the use of root protection zones (RPZ). During construction, RPZs shall be established using protective fencing enclosing an area with a radius 1.5 times the distance from the trunk to the dripline. 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 _ 1. 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 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. 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. 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. The developer shall display a current County Zoning and County Land Use Map in the sales office at all times, and/or suitable alternatives. —8. Approval of this application does not become effective unless, prior to 4:00 p.m. on _, 199_, the applicant shall sign and file with the Department of Development Services an Indemnity Agreement in a form satisfactory to the County Counsel. Prior to the issuance of a building permit or prior to the issuance of a Use Permit for a Mobile Home Park the Sheriff Facilities Impact Fee shall be paid, pursuant to the provisions of Chapter 3, Article II of the Butte County Code. The fee amount shall be determined and calculated as of the date of application for building permit. 10. Prior to the issuance of the Use Permit the applicant or property owner shall sign and record the CSA 87 Traffic and Drainage Mitigation Agreement or pay the required fees prior to the issuance of the Use Permit. 11. Prior to the issuance of the Use Permit, the applicant shall contact the Butte County Tax Collector's Office to begin the process of a Transient Occupancy Registration Certificate. A Transient Occupancy Registration Certificate shall be required within ten (10) days after commencing business for a motel, hotel, inn, tourist home, bed and breakfast, rooming house, apartment house, mobile home park, recreational vehicle park, campground, or parking area (See Chapter 23A). 12. Prior to the issuance of the Use Permit, the applicant shall pay all outstanding County fees BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: LAFCo FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Scott A. Martin, UP 00-09 DATE: February 8, 2000 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 a Use Permit revoking a homesite segregation agreemen on property zoned A-5 (Agricultural. 5 acreap rcel) located on the north side of Chatfield Avenue approximately 400 feet west of Azevedo Avenue, in the Biggs a=, identified as APN 022-190-049. Supervisorial District No. 4. v5-7-631 THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON June 9, 2000. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN February 22, 2000. 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 Daaes if necessarv): BUTTE COUNTY PLANNING DIVISION By: Date: A/9 lf� 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 �� .. Environmental Health F E 0 0 7 2000 BUTTE COUNTY Chico, Califomia DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Environmental Health, Chico FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Scott A. Martin, UP 00-09 _ DATE: February 4, 2000 CONTACT PERSON: 51016 BET t 5 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 revoking a homesite seguegation agreement on property zoned A-5 (Agricultural. 5 acrean rcel) located on the north side of Chatfield Avenue, approximately 400 feet west of Azevedo Avenue, in the Biggs area, identified as APN 022-190-049. Supervisorial District No. -4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON June 9, 2000. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN February 22, 2000. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. M Date: jj�& C�q / <:�$n 7 County Center Drive - Oroville, CaliF&& 246200930-538-7601 - FAX 530-538-7785 BUTTE COUNTY r PLANNrNG . ON 0 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: CDF FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Scott A. Martin, UP 00-09 DATE: February 8, 2000 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 a Use Permit revoking a homesite segregation agreement on property zoned A-5 (AgriculWL-iL 5 acrean rcel) located on the north side of Chatfield Avenue, approximately 400 feet west of Azevedo Avenue, in the Biggs area, identified as APN 022-190-049. Supervisorial District No. 4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON June 9, 2000. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN February 22, 2000. 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): J J -- B L .,TBU'1 DIVISION By: Date: 2,5-00 7 County Center Drive - Oroville, Califomia 95965 - 530-538-7601 - FAX 530-538-7785 ft - BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Scott A. Martin DATE: February 4, 2000 AGENT: APN: 022-190-049 FILE #: UP 00-09 PLANNER: PROJECT DESCRIPTION: Use Permit revoking a homesite segregation agreement Those items checked are conditions of approval. PLEASE CONTACT THE BI JTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS Construction, installation or development of structures or facilities on the parcels/lots shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. X2. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. 3. Fire hydrant identification, reflector or post reflectors shall be installed acceptable to the County Fire Warden. 4. In lieu of a pressurized water system or water storage tank, payment of $200.00 per created parcel into the Battalion % water tend fund, is required prior to the issuance of a building permit. A pressurized community water system for fire protection is required. The specific locations and fire flow requirements shall be in accordance with the Fire Department specifications and to the satisfaction of the County Fire Warden. Average required hydrant spacing' feet, hydrant size _ inches, and residual fire flow _ gpm. Submit plans to the Fire Department for review and approval prior to construction of facilities. 6. In lieu of hydrant installation, payment may be made into the hydrant fund at a cost of $1.72 per lineal foot of street frontage. The estimated fee amount is $ Prior to recordation of the Map or application for a building permit, the applicant shall pay the then current fee for the West Chico Fire Station Fund. i 8. Provide an all weather access of at least 10 foot wide and with a vertical clearance of 15 feet that will accommodate a 40,000 pound fire apparatus to all structures. Y' .N ��w a Scott R. & Judith Elaine Martin 285 E. Sacramento Ave. Chico, California 95926 894-0730 February 3, 2000 Application for use permit APN 022-190-049. This is an application to permit the building of a home on 5.5 acres at the location known as "West of 118 ChatfieldAve." in Biggs. The land is currently in escrow, the sale being contingent on the granting of this request. The buyers are Kim and Terry Paredes of Biggs. The land has been fallow for many years as it is not practical for an absentee owner to engage in agriculture on such a small parcel. Attached is a site plan prepared by Holloway Construction, 673-0156, which includes property lines and dimensions, and a vicinity map. There are no improvements on the property. Also attached is a petition signed by 19 immediate neighbors to the above property. The neighbors have no objection to a home being built on the parcel. RECEIVED FEB - 4 2000 BUTTE COUNTY PLANNING DIVISION y�°il/ ��9-ilo- oy9 '7 • 22 K 22-16 • Y•^ �� 2, I - i 0 0 r 2 r jFac^: q6 G7 CID h AMA-. e - I( 7Y 77.76 ' ! Fsn► a! a STEz- `•,f ,\`: ;BIG °' COL MY NO. / " 431 �! a O g os _5C&Ar- ` ID.D6JC scan u �9911G �-• 1 • I ,Sray:: 7r n -2S 6E D.CD 73009 33009 _•. QED.-- +,j .fit . `r�. tC rdl.ic ;I 4 Z ', Iii ,t 7 , t,�•i }�}� VSS/_•%.:6 �� S3: ( )7 i 3$ • � � 1. o.� � -' ,•.a1 � _ 9:aC TSEL: I �L{ �t'C. a_t :D ZZ -3S �- ..-Jj_. ] Ir ` ui ll f I DAKOTA LIVE E id. '7 • 22 K 22-16 • Y•^ �� 2, I - i 0 0 r 2 r jFac^: q6 G7 CID h AMA-. e - I( 7Y 77.76 ' ! Fsn► a! a STEz- `•,f ,\`: ;BIG °' COL MY NO. / " 431 �! a O g os _5C&Ar- ` ID.D6JC scan u �9911G �-• 1 • I ,Sray:: 7r n -2S 6E D.CD 73009 33009 37.2..c o`I S' 5 '•J t'il E 13 l8 i M-1 r 400 tnV Pres-ee • ,•, -' ` BIC25 - 08 560 N 2 / . (� 6.�l: 12 @ �� •L S I •� O J 112 1 BIGGS CQL. h'0. 2 I ; o l W: 1 tC rdl.ic ;I Z 7 , 37.2..c o`I S' 5 '•J t'il E 13 l8 i M-1 r 400 tnV Pres-ee • ,•, -' ` BIC25 - 08 560 N 2 / . (� 6.�l: 12 @ �� •L S I •� O J 112 1 BIGGS CQL. h'0. 2 I ; o l W: 1 .01/13/2000 21:52 15306730156 HOLLOWAY CONST PAGE. 01 f f 1 � f qa- Lo .001 welt t / � LCD . ECEIVED FEB - 4'2000 w BUTTE COUNTY PLANNING DIVISION Dear Members of the Planning Commission, I am writing this letter on behalf of my family and myself. We are very interested in purchasing the property W. of 118 Chatfield Avenue. The largest reason for wanting to buy this property is it is a family lane for us. I have several close friends, cousins and my aunt, Mary Perry, that reside on this street as well as in the town of Biggs. My husband and I have 3 small children Anthony 8, Joshua 6, and Katie 3. We have always wanted some property so they could enjoy 4-H opportunities like raising a cow, sheep, pig or other small show animal that they are interested in. We also would like to develop a small orchard to farm and maybe even get a horse or two. My husband and I never got to experience the country as children and we feel this is a great opportunity for our kids to learn the basics of living. This is an avenue full of small parcels approximately 5 acres and has the appearance of a nice country lane not a road full of agriculture or large farms. This land is sitting dead and undeveloped, and has been in this condition for many many years and will continue to stay that way because it is not useful agriculture land especially with all the houses and small parcels surrounding it. I hope you will consider granting us the use permit to build our dream home and raise our children in this wonderful area. Sincerely, Terry and Kim Paredes RECEIVED FEB - 4 2000 BUTTE COUNTY PLANNING DIVISION 1Y)ON '0 a 4 -/ 90 - e �9 � . RECEIVED FEB - 4 2000 BUTTE COUNTY A PETITION FROM NEIGHBORSPLANNiNc nivisioN THIS IS A PETITION TO SAY THAT THE NEIGHBORS ON CHATFIELD AND AZEVEDO AVENUES HAVE NO OPPOSITION AND ARE AGREEABLE TO A RESIDENCE BEING BUILT ON THE 5.5 ACRE PARCEL W. OF 118 CHATFIELD AVENUE. NAMES ADDRESSES 1. 2. 8._ 9. 15. 5�,-" S 1 i/� s't�l �7 421,. -14,e -0 40L 9i66S . A PETITION FROM NEIGHBORS THIS IS A PETITION TO SAY THAT THE NEIGHBORS ON CHATFIELD AND AZEVEDO AVENUES HAVE NO OPPOSITION AND ARE AGREEABLE TO A RESIDENCE BEING BUILT ON THE 5.5 ACRE PARCEL W. OF 118 CHATFIELD AVENUE. NAMES ADDRESSES 17. 18. 0 ,,,, 19. 20. 21. 22. 23. . F 24. 25. 26.. 27. 28. 29. page 2 -1.7 f, - Ji -o 1 T.18N., R.2E. M.D.B.&M. - C- 91 ._16 18 N89'46' 10'E _ 14 330.07 330.06 660 33Q.07 330.07 520.12 S7 i�Cw �St NAm 1 4 -� �3 ' 192 � t 2 37 58 59 O 46 47 a 2,, 1 t3 O qc�� acid „ 0 31 `r 37 36 8 35 OkaInom^� 33 e� WO 48 5 z 9.57 AC 5 AC 5 AC 10 AC 4.77 AC 4.77 AC 5.53 AC 39 5.00 AU 5.00 AU 10) PAI 77-26' PAI 89-88 2 AC 36 127-15 C'2 z�� •gam io.m 330.07 Im 660 BIGGS 33oa71 CO OW 3 -k �Z .4 + 27 1 6 10 � 42 43 44 45 r 12 o � 0 0 I47 41 I. � #2 ( 43 4� 4 16.09 AC 1 25.441 AC 5.25 AC 5.06 AC 10.06 AC 5.08 AC 4.99 AC 10.39 AC ( ( PM 75-26 ( -----------( •--------- 1028.79 � i ! W y� 5^ t 1 778.6 Z L:� �t 63 51 11.77 AU . -O +•►- - - - - - - - - 361% ACS- - - - - - - - - - }106537 67.75 ACt 0 fi 116 ( 52 �s 2 L7 .0 21 t1 '10 62 7.10 AM t, J t' r. x ® NOTE, These parcels are for assesst�etlt purposes BIGGS COLONY N0.1 M.O.R. BK. 6 PG. 88 � � �, not constitute legal els. BIGGS COLONY NO.2 M.O.R. BK. 6 PG. 103 Y Y ega P� 22-19 1'=400' i I i W 30 �3 29 � 17.774 AC± I .NOJ 56 13 1.04 AC 55 48, 49 10 AC 6.75 ACt 57 = 5 4 4.22 AU 2 50 2.31 AU 7 52 2.31 Act BIGGS - COLCW NO.2 4 19.32 AC 8.93 AU Assessors Mop No. 22-19 County 'of Butte. Calif. REVISED: 12-98 ,01/13/2000 21:52 15306730156 t 1 0, f �� fA, ty' of � r �. r r I r r .► w. R ... r w �r - •w .. �.. �w �. � '►,. w � �. .rr' � �. �, RECEIVED BliT"!.c C-0UNTY i PL :` NTNG DIVISI07N Q,,.. (VNg4i•n - Ow,rc- Hoj,� rs 6<34, uSt.- p<op(o- car P/an4 c/`afps -%nom animgiS N'cu �X"ts (v. Qr-ea gV5 jrv� r`i('�is 14a5 5,t4 'fkzrI L. -�ar IR Yew's W Vwa 4�. vSeS•. Q,� ioo F®N1 Z — Re-0.4oi BUTTE COUNTY CLERK OF THE BOARD USE ONLY BOARD OF SUPERVISORS MEETING DATE: AGENDA TRANSMITTAL AGENDAITEM�`__ AGENDATITLE: Nina Lambert I s .appeal of a Use Permit .fors Scott%Martin DEPARTMENT: DDS, Planning DATE: 5/16/00 MEETING DATE REQUESTED: 5/30/00' CONTACT: Stephen Betts 7601`4' PHONE: REGULAR �X CONSENT DEPARTMENT SUMMARY AND. REQUESTED BOARD ACTION:: -.,e_; See Attached _ 7 AGENDA ITEM SUBMITTAL REQUIRES THE ORIGINAL AND NINE (9) COPIES ATTACH EXPLANATORY MEMORANDUM AND OTHER BACKGROUND INFORMATION AS NECESSARY Budgetary Impact: Yes ' No X CAO OFFICE USE ONLY If yes, complete Budgetary Impact Worksheet on back Budget Transfer Requested: Yes ..No X Administrative Office Review If yes, complete Budget Transfer Request Worksheet on back. Administrative Office Staff Contact (Deadline is one business day prior to normal agenda ckadline) Will Proposal Require an Agreement: Yes No 4/5's Vote Required: Yes: No: Auditor -Controller's Number (if required): County Counsel's Approval: Yes No X Date Received by Clerk of Board: Will Proposal Require Additional Personnel: Yes No X Number of Permanent: Temp Extra Help Previous BoarAdipn Date: Additional Information Attached: Yes X No ac e s Describe: s-.. - SUMMARY: Appellant: Nina Lambert, Applicant: Scott A. Martin, appeal of a Planning Commission approval of a Use Permit application to terminate the Conveyance of Development Rights and Open Area Easement of a homesite segregation agreement on property. zoned -A-5 (Agricultural, -5 -acre - - - minimum parcel size). The property is located on the north side of ChatfieldAvenue, approximately 400 feet west of Azevedo Avenue, in the Biggs area. APN: 022-190-049 (SB) (File # .APL 00-10 (UP 00-09) ACTIONS FOR CONSIDERATION Based upon the concerns of the appellant, staff recommends that the Board consider the Planning Commission's finding that circumstances regarding the property and other properties mi the area have changed sufficiently to warrant termination of the agricultural segregation agreement _If_the_Board_.::.__ ..:._ concurs with the Planning Commission that changes have occurred to warrant reconsideration of the agreement, the Board should deny the appeal and approve the Use Permit with the conditions as approved by the Planning Commission and found in Exhibit A. If the Board determines that circumstances regarding the property and other properties in the area have not changed sufficiently to warrant termination of the agricultural segregation agreement, the B oard should uphold the appeal and deny the Use Permit. Alternate actions for consideration for upholding the appeal and denial -of - the Use Permit have been prepared. Staff recommends that the Board of Supervisors take one of the following two actions: Deny the appeal by Nina Lambert of the Planning Commission's approval of a Use Permit application to terminate the Conveyance of Development Rights and Open Area Easement of a homesite segregation agreement on APN 022-190-049, File No. UP 00-09. II. Determine the project to be Categorically Exempt from environmental review under Section 15303(a) of the California Environmental Quality Act. III. Approve the Use Permit to terminate the Conveyance of Development Rights and Open Area Easement (Butte County Recorder Serial Number 82-34889, Book 2772, Pages 521 through 526), on APN 022-190-049 for Scott A. Martin, subject to the conditions found_ in Exhibit "A" and based on the following findings: A. Circumstances regarding the property and other properties in the area have changed sufficiently to allow termination of the Conveyance of Development Rights and Open Area Easement. m • Staff recommends that the Board of Supervisors take the following actions if the Board chooses to uphold the appeal and deny the Use Permit. I. Uphold the appeal by Nina Lambert of the Planning Commission's approval of a Use Permit application to terminate the Conveyance of Development Rights and Open Area Easement of a homesite segregation agreement on APN 022-190-049, File No. UP 00-09. II. Deny the Use Permit to terminate the Conveyance of Development Rights and open Area Easement (Butte County Recorder Serial Number ,82-34889, Book 2772, Pages 521 through 526), on APN 022-190-049 for Scott A. Martin, based on the following findings: - - A. Circumstances regarding the property and other properties in the area have not changed sufficiently to allow terminatio_ n of the Conveyance of Development Rights and Open Area Easement. JAW PDOCS\FORMS\SUMMARY. WPD 2 USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) lip 00-09 PERMIT NO. 022-190-049 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Scott A. Martin is hereby granted a Use Permit in accordance with application filed: Use Permit to terminate the Conveyance of Development Rights and Open Area Easement on APN - -- - _ 022-190-049. _ 1. This Use Permit terminates the Conveyance of Development Rights and Open Area Easement, recorded November 23; 1982, Butte County Recorder Serial Number 82-34889, Book 2772, Pages 521 through 526. All development rights revert to the Grantor and all successors. - 2. 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. 3. 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. 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. Conditions of Approval: 1. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. 3 2. Provide an all weather access to all structures. The access shall have a minimum 10 foot width and 15 foot vertical clearance, and be able.to accommodate a 40,000 pound fire. apparatus. Public Works Department 3. Prior to issuance of a building permit, obtain encroachment permits from the Public Works Department for any existing or new driveway approaches onto Chatfield Avenue, and construct the driveway approaches to County standards. 4. The parcel proposed for the new dwelling has not been proven satisfactory for sewage . disposal and will need to prove it is satisfactory prior to issuance of the. -required sewage disposal permit. The sewage disposal system`for- the. new: dwelling'shall_meet-the sarrie_..':__�_ sewage disposal requirements in effect at the time of the parcel's creation in 1982. 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. Chair, Butte County Board of Supervisors CC: Land Development Division Building Division _ Health Department Butte County Fire Department/CDF Agricultural Commissioner 4 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA REPORT - May 30, 2000 Appellant: Nina Lambert - - Location: On the north -side of Chatfield Avenue, approximately 400 Applicant: Scott A. Martin feet west of Azevedo Avenue, in the Biggs area. File #: APL 00-10 (UP 00-09) Parcel Size: 5.5 acres Request: Appeal of a Planning Commission approval of a Use Zone Date: June 29, 1982 Permit application to terminate --the -- - - Conveyance---- of ; : - Supervisorial'—: - - - Development Rights and Open` District: 4 - Area Easement of a homesite segregation agreement. Project Planner: Stephen Betts G.P.: Orchard and Field Crops Senior Planner Zoning: A-5 (Agricultural, 5 -acre Attachments: minimum parcel size) A. Zoning/General Plan Map B. Letter of Appeal, April 14, 2000 APN: 022-190-049 C. April 13, 2000, Planning Commission Agenda Report, with _attachments, and Minutes D. Site Plan STAFF COMMENT This appeal is made pursuant to Butte County Code Section 24-45.30 and is a "de novo" hearing. The Board of Supervisors may consider all applications, papers, maps, exhibits, and staff recommendations presented to the Planning Commission in reaching its -decision. - ANALYSIS On April 13, 2000, the Planning Commission held a public hearing on a Use Permit application to terminate the Conveyance of Development Rights and Open Area Easement of a homesite segregation agreement. The Planning Commission voted 3-2 to approve the termination based upon the finding that circumstances regarding the property and other properties in the area has changed sufficiently to allow termination of the Conveyance of Development Rights and Open Area ArButte County Department of Development Services sAgenda Report xPage 1 Easement. Several members of the Commission did not consider the 5.5 acre parcel to be viable for agricultural uses without a dwelling unit being placed on the parcel. The appellant did not state a reason for the appeal in the letter of appeal. However, staff contacted the appellant by phone, who stated that she believed the Planning Commission erred in its finding that the project area had changed sufficiently to allow termination of the agricultural segregation agreement. The appellant requests that the Board determine what constitutes a "sufficient change" to allow termination of an agricultural segregation agreement. The appellant is concerned that the Planning Commission's approval of the termination may set a precedent, which may encourage other land owners with agricultural segregation agreements to seek to terminate their agreements. Forty-one homesite segregations were approved by the County from the 1981 to 1994. It is not known how many of those forty-one"approved segregations actually created anew parcel. The* County stopped processing requests for homesite segregations in 1996 upon adoption of the Agricultural Element of the General Plan. As stated in the Planning Commission agenda report, it appears that the project area has not changed. significantly since the segregation agreement was approved in 1982. Two 5 -acre parcels have been created along Chatfield Avenue since approval of the agreement. The General Plan land use designations for the area (Orchard and Field Crops and Agricultural -Residential) have not changed, nor has the A-5 zone been changed. ACTIONS FOR CONSIDERATION Based upon the concerns of the appellant, staff recommends that the Board consider the Planning Commission's finding that circumstances regarding the property and other properties in the area have changed. sufficiently to warrant termination of the_ agricultural segregation agreement. If the Board concurs with the Planning Commission that changes have occurred to warrant reconsideration of the agreement, the Board should deny the appeal and approve the Use Permit with the conditions as approved by the Planning Commission and found in Exhibit A. If the Board determines that circumstances regarding the property and other properties in the area have not changed sufficiently to warrant termination of the agricultural segregation agreement, the Board should uphold the appeal and deny the Use Permit. Alternate actions for consideration for upholding the appeal and denial of the Use Permit have been prepared. Staff recommends that the Board of Supervisors take one of the following two actions: I. Deny the appeal by Nina Lambert of the Planning Commission's approval of a Use Permit application to terminate the Conveyance of Development Rights and Open Area Easement of a homesite segregation agreement on APN 022-190-049, File No. UP 00-09. II. Determine the project to be Categorically Exempt from environmental review under Section 15303(a) of the California Environmental Quality Act. Butte County Department of Development Services sAgenda Report wPage 2 dr III. Approve the Use Permit to terminate the Conveyance of Development Rights and Open Area , Easement (Butte County Recorder Serial Number 82-34889, Book 2772, Pages 521 through 526), on APN 022-190-049 for Scott A. Martin, subject to the conditions found in Exhibit "A" and based on the following findings: A. Circumstances regarding the property and other properties in the area have changed sufficiently to allow termination of the Conveyance of Development Rights and - - Open Area Easement. `[Z Qn c1.S OR - Staff recommends that the Board of Supervisors take the following actions if the Board chooses to uphold the appeal and deny the Use Permit. I. Uphold the appeal by Nina Lambert of the Planning Commission's approval of a Use Permit application to terminate the Conveyance of Development Rights and Open Area Easement of a homesite segregation agreement on APN 022-190-049, File No. UP 00-09. II. Deny the Use Permit to terminate the Conveyance of Development Rights. and -Open Area Easement (Butte County Recorder Serial Number 82-34889, Book 2772, Pages 521 through 526), on APN 022-190-049 for Scott A. Martin, based on the following findings: A. Circumstances regarding the property and other properties in the area have not changed sufficiently to allow termination of the Conveyance of Development Rights and Open Area Easement. K:\PROJECTS\UPC\MARTIN.UP\BOS.RPT USE PERMIT ArButte County Department of Development Services &Agenda Report ArPage 3 Ar BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP 00-09 PERMIT NO. 022-190-049 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Scott A. Martin is hereby granted a Use Permit in accordance with application filed: Use Permit to terminate the Conveyance of Development Rights and Open Area Easement on APN 022-190-049. 1. This Use Permit terminates the Conveyance_ of Development : Rights : arid r Open _Area, Easement, recorded November 23, 1982, Butte County Recorder Serial Number 82-34889, Book 2772, Pages 521 through 526. All development rights revert to the Grantor and all successors. 2. 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. 3. 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. 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. Conditions of Approval: 1. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. 2. Provide an all weather access to all structures. The access shall have a minimum 10 foot width and '15 foot vertical clearance, and be able to accommodate a 40,000 pound fire apparatus. ArButte County Department of Development Services ArAgenda Report ArPage 4 s 3. Prior to issuance of a building permit, obtain encroachment permits from the Public Works Department for any existing or new driveway approaches onto Chatfield Avenue, and construct the driveway approaches to County standards. _Environmental Health Department 4. The parcel proposed for the new dwelling has not been proven satisfactory for sewage disposal and will need to prove it is satisfactory prior to issuance of the required sewage disposal permit. The sewage disposal system for the new dwelling shall meet the same sewage disposal requirements in effect at the time of the parcel's creation in 1982. 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. Chair, Butte -County Board of Supervisors -_ CC: Land Development Division Building Division Health Department Butte County Fire Department/CDF Agricultural Commissioner ,ir Butte County Department of Development Services x Agenda Report x Page 5 w Irl $l�0-3 Clerk of the Board of Supervisorsa;�� 25 County Center Drive Oroville, CA. 95965 Re: Use Permit No. 00-09, APN 022-190-049 SCOTT R. MARTIN Dear Board Members, This is a request for an Appeal to be set for hearing on the above Use Permit application which was approved by the Butte County Planning Commission on April 13, 2000. Enclosed is my check in the amount of $50.00 to cover the Appeal fee. Sincerely, Nina Lambert n1 Encl: Check F NINA LAMBERT �� `�t V �� 1643 Chico River Road Chico, CA. :95928 APR Z 5 ZOOO April 14, 2000 BUTTE COUNTY PLANNING DIVISION $l�0-3 Clerk of the Board of Supervisorsa;�� 25 County Center Drive Oroville, CA. 95965 Re: Use Permit No. 00-09, APN 022-190-049 SCOTT R. MARTIN Dear Board Members, This is a request for an Appeal to be set for hearing on the above Use Permit application which was approved by the Butte County Planning Commission on April 13, 2000. Enclosed is my check in the amount of $50.00 to cover the Appeal fee. Sincerely, Nina Lambert n1 Encl: Check F Scott A. Martin, (Item determined to be Categorically Exempt from environmental review) Use Permit to terminate the Conveyance of Development Rights and Open Area Easement of a homesite segregation agreement on property zoned A-5 (Agricultural - 5 acre parcels). The'propertis located._. _ on the north side of Chatfield Avenue, approximately 400 feet west of Azevedo Avenue, in the Biggs F- area. APN 022-190-049 (SB) (File # UP 00-09) _ h, Mr. Betts gave a brief summary of the hearing. He noted that homesite segregations are no longer permitted:: in the County. He said staff is recommending denial of this request. He stated that a letter was submitted from the City of Gridley opposed to this request. He said the applicant has submitted petitions from the neighbors in favor. Commissioner Lambert said if a General Plan amendment and rezone are initiated, it should be by the applicant and not the Commission. She said there has been no change in the land uses on the property or in the project area since the homesite segregation was approved in 1982. Mr. Betts said that 50 percent of the parcels on Chatfield Avenue have dwellings and agricultural uses. Commissioner Lambert asked if this was granted, could they meet the 300 foot buffer required in the Agricultural Element? Mr. Betts said probably not. Commissioner Cage said she visited the property yesterday and the area is more residential than agricultural. The hearing was opened to the public. Scott Martin said there are truck farms in the area. He said he sees this as a residential area. He said he did not see large scale agricultural use in this area. He said the soil is more a Class 3 than a Class 2. He said a house on this property would only take out 1/4 or so of an acre. He said it was a fantasy to -think there would be large scale farming on this property. - - Chairman Leland said the argument Mr. Martin is making is the opposite of the one that drove the agricultural segregation policy initially. The theory used to be they would enhance agriculture by segregating the agricultural use from the residential use. He said now you are arguing that you need a house on the agricultural parcel to encourage agriculture. Mr. Martin said he bought the property two years ago. He was aware that there was a restriction against building a dwelling on this property, but "I went out and looked at it and said this can't be right." He said he looked at the property and said there should be a house there, and he figured it would be agreeable with the County. He said he read the restriction in the title report before he bought the property, but again when he went and looked around he thought there was no common sense purpose to the restriction. He said there are new homes in the area. He did not feel someone would move equipment to this 5 acre parcel and farm it without living there. Commissioner Lambert said the other houses are perfectly acceptable, except this parcel has a restriction that says no. She said this parcel has a restriction because the originator of the request had a 7 acre parcel he could not divide any other way in a 5 acre zone except to go through this, understanding the restrictions. She said Mr. Martin has the option of initiating a change in the General Plan and zoning. . 3 ■ BUTTE COUNTY PLANNING COMMISSION i. MINUTES ■ APRIL 13, 2000 ■ PAGE 22 C r' Chairman Leland said change in the area has not happened. He said he has to ask himself if this same application for a segregation came in today would the County allow a simple lot split with both lots being buildable? He said the parcel was first split with. a restriction on one that this would riot increase the residential density, now this request would -eliminate that restriction if approved.' He said, those two actions . are the same as if the County had granted a simple lot split in* the 80s` He said the question is has_ 'the situation changed so much that if this application for a lot split_ was brought to. them today, would it be . approved? He said whether or not this is a viable agricultural parcel is irrelevant, that decision was made when the zoning was imposed on this property. He said the parcel is more viable. as agricultural land without a dwelling. He said agriculture and residential do not mix. Commissioner Cage asked staff about Option 3. Mr. Betts said those are the options listed in the Zoning Ordinance. He said the Commission can take this action if they wish. -There was a brief discussion on whether the County should initiate the change for one individual parcel Mr. Martin said concerning the original agreement in 1982, it could be waived, and keep the property agricultural -residential which is in keeping with the area. He said if the object is to increase agricultural production then there should be a home here. Kim Paredes said she lives in the area. She said there are"7 dwellings onlhis road. -She was"iii favor of this application. She said they are not asking to change the zone, that would change the area. She said the approved low income housing next to this property with 30 new homes, constitutes a change. She said the person who did the agricultural segregation at that time lived on that property. Commissioner Cage read the approval motion as listed on Page 4 of the Report as an option. Mr. Betts said the Commission could make that motion if they can make the findings of change, then this would be the appropriate action. -- - ----- -- _ - -- Commissioner Mooney asked about setbacks for spraying in 1982. Commissioner Lambert -said there were some, but she did not know what they were. Commissioner Mooney said the Agricultural Element changes the nature of the area. He said this would be a small ranchette and he was in favor of the request. Mr. Martin said it would be the reasonable thing to do. The hearing was closed. Chairman Leland said there is an inconsistency with allowing this to happen. He said he could not make the findings that conditions have changed in the area. He said this same request was denied two years ago and should still be denied. Commissioner Nelson said he thought the agricultural segregation should not have occurred. He said he would be in favor of a General Plan amendment and rezone or cancel the restriction. He asked what good would be accomplished by holding this one parcel out in this area from having a home. Al ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ APRIL 13, 2000 0 PAGE 38 Commissioner Lambert said if a General Plan amendment and rezone are initiated, it should be by the people. She said she could not make the findings to change the contract that was entered into. Chairman Leland said if you enforce the restriction the ordinance works. He said he believes the property is more viable for agricultural use as it is now. Commissioner Lambert said there is still the question on whether or not there is a 300 foot buffer. Mr. Parilo said the Agricultural Element requires a 300 foot buffer when residential uses are being established. He said the question is whether it is required in an A zone or on property abutting the A zones. Commissioner Mooney said the Agricultural Element changes the character of the area. Chairman Leland said the applicant knew there was a restriction on the property when he bought it. - Commissioner Cage said the lot looks like there is'nofagricultural use ori it or in thearea. She said she did not consider this an agricultural property. It was moved by Commissioner Mooney, seconded by Commissioner Cage; and carried to approve the request to terminate the Conveyance of Development Rights and Open Area Easement for APN 022-190-048 and 022-190-049 subject to the findings listed below:-- - - I. Determine the project to be Categorically Exempt from environmental review under Section 15303(a) of the California Environmental Quality Act. II. Approve the Use Permit to terminate the Conveyance of Development Rights and Open Area Easement (Butte County Recorder Serial Number 82-34889; Book 2772, Pages 521 through 526), on APN 022-190-049 for Scott A. Martin, subject to the conditions found in Exhibit "A" and based on the following findings: A. Circumstances regarding the property and other properties in the area have changed sufficiently to allow termination of the Conveyance of Development Rights and Open Area Easement. AYES: Commissioners Cage, Mooney, and Nelson NOES: Commissioner Lambert and Chairman Leland - ABSENT: No one ABSTAINED: No one ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ APRIL 13, 2000 ■ PAGE 4■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT - April 13, 2000 Applicant: Scott A. Martin Parcel Size: 5.5 acres - File #: UP 00-09 Request: Use Permit to terminate the Conveyance of Development Rights and Open Area Easement of a homesite segregation agreement. G.P.: OFC (Orchard & Field Crop) Zoning: A-5 (Agricultural, 5 -acre minimum parcel size) APN: 022-190-049 Location: On the north side of Chatfield Avenue, approximately 400 feet west of Azevedo Avenue, in the Biggs area STAFF COMMENT: Zone date: June 29, 1982 Project Stephen Betts, Planner: Associate Planner Supervisor District: 4 - - - - - — - Attachments. A. Letter from the Terry and Kim Paredes, received February 4, 2000 B. Petition from neighbors, received February 4, 2000 C. March 27, 1997, Planning Commission Meeting Minutes D. Use Permit 82-26 E. Conveyance of Development Rights and Open Area Easement F. Site Plan Staff recommends denial of this Use Permit project because the project site has not been rezoned and because conditions in the project area have not significantly changed since approval of the homesite segregation in 1982. PROJECT DESCRIPTION/SITE CHARACTERISTICS: This is an application for a Use Permit to terminate the Conveyance of Development Rights and Open Area Easement of a homesite segregation agreement. Termination of the Agreement will allow the 5.5 -acre parcel to be developed with a single family dwelling unit and accessory structures. The Use Permit allowing the homesite segregation was approved by the Planning Commission on July 8,1982. The Conveyance of Development Rights and Open Area Easement ("Agreement") was recorded on November 23, 1982. The terms of the Agreement allowed the creation of a 2 -acre residential parcel and a 5.5 -acre agricultural parcel. Only the 2 -acre parcel could be developed with ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ PAGE 1 ■ a dwelling unit, and the 5.5 -acre parcel could only be utilized. for agricultural purposes. The Agreement granted residential development rights on the 5.5 -acre parcel to the County. Both parcels were created by a subsequent parcel map. The Use Permit and Agreement are in force for a minimum of ten years from the time of recording of the Agreement and continue until the applicant applies for termination or partial termination. The ten-year period ended on November 23, 1992. A copy of the Agreement is attached. The terms of the Agreement allow for termination of the. Agreement only upon the occurrence of any of the following events: The property is rezoned to any other zone. At least ten (10) years has elapsed from date of recordation, and the Planning Commission finds circumstances regarding the property and other properties in the area have changed sufficiently to reconsider the restriction. - - ---- - - A previous request to terminate the Agreement on the property was denied by the Planning Commission on March 27, 1997. The Commission voted unanimously to deny the termination, finding that the circumstances regarding the property and other properties in the area have not changed sufficiently to reconsider the restriction. A copy of the minutes from the March 27,4997 - Planning Commission meeting is attached. New homesite segregations are no longer allowed in the .County. The Board of Supervisors, in approving the Agricultural Element of the General Plan on May 9, 1996, supported the position to discontinue agricultural segregations for homesites (Agricultural Element, Goal 3, Policy 3.3, page AE -13). No agricultural uses have been established on the property. Grasses are the primary vegetation, with bent' bushes found along the north, south, and west property lines. A drainage ditch is located on the south property line. The soils on the site have a Soil Conservation Service Classification of H, which are considered prime agricultural soils. Surrounding and nearby parcels ranges in size from .57 to 67 acres, with the predominant size being in the 5 to 10 acre range. Land uses on the surrounding and nearby parcels are dwellings at rural residential densities, cattle and sheep ori irrigated pastures, and orchards. The majority of the parcels in the area are developed with a dwelling unit. The property is not located within the City of Biggs Sphere of Influence. ANALYSIS: The project site is located in an area that remains in active agricultural production. Two 5 -acre parcels have been created along Chatfield Avenue since approval of the Agreement in 1982. Two new homes have been constructed on parcels fronting on Chatfield Avenue, although these new homes replaced existing homes. There has not been a significant change in the land uses in the area from when the Agreement was approved. The General Plan land use designations for the area (Orchard and Field Crops and Agricultural -Residential) have not changed, nor has the A-5 zone been ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ PAGE 2 ■ changed. The potential exists that the 5.5 -acre project site could be put into agricultural production and be a viable farming unit. The Butte County- Environmental Health Department states that development of the"site with a dwelling unit requires the parcel to meet the sewage disposal requirements that were in effect at the time the parcel was created. The Public Works Department requests that encroachment permits be obtained for any existing or new driveway approaches onto Chatfield Avenue, and that the driveway approaches be constructed to County standards. The Butte County Fire Department/CDF requests that the project comply with Public Resources Code 4290, including building addressing and driveway standards. RECOMMENDATION: Staff recommends that the Planning Commission_ deny this Use Permit because the project site has not been rezoned and because conditions in the project area have not significantly changed since approval of the homesite segregation in 1982. Butte County Code Section 24-285.C. allows the Commission to consider several options with regards to termination of an agricultural segregation agreement. The options are: 1. Terminate or partially terminate the covenant and remove conditions from the Use - Permit. 2. Extend the covenant for a period not to exceed ten (10) years. 3. Consider the area for change in designation from Orchard and Field Crops, Grazing and Open Land, or Agricultural -Residential to a non-agricultural designation under the General Plan. The Planning Commission may wish to consider one of these options. Alternative actions have been prepared if the Commission prefers to approve this project. - - - - - ACTIONS FOR CONSIDERATION: Staff recommends that the Planning Commission take the following actions: I. Deny the Use Permit to terminate the Conveyance of Development Rights and Open Area Easement (Butte County Recorder Serial Number 82-34889, Book 2772, Pages 521 througli 526), on APN 022-190-049 for Scott A. Martin, based upon the following findings: A. The property has not been rezoned to any other zone. B. Land uses on the property and in the project area have not changed significantly since the homesite segregation was approved in 1982. If the Planning Commission supports the Use Permit they should take the following action: ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ PAGE 3 ■ I. Determine the project to be Categorically Exempt from environmental review under Section 15303(a) of the California Environmental Quality Act. H. Approve the Use Permit to terminate the Conveyance of Development Rights and Open Area' Easement (Butte County Recorder Serial Number 82-34889, Book 2772, Pages 521 through 526), on APN 022-190-049 for Scott A. Martin, subject to the conditions found in Exhibit "A" and based on the following findings: A. Circumstances regarding the property and other properties in the area have changed sufficiently to allow termination of the Conveyance of Development Rights and Open Area Easement. K:\PROJECTS\UPC\MARTrN.UP\MARTrN.RPT ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ PAGE 4 0 USE PERMIT BUTTE COUNTY PLANNING COMMISSION - Y DATE: (Certified Mail Rec.) UP 00-09 PERMIT NO. 022-190-049 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Scott A. Martin is hereby granted a Use Permit in accordance with application filed: Use Permit to terminate the Conveyance of Development Rights and.Open Area Easement on APN -= 022-190-049. 1. This Use Permit terminates the Conveyance of Development Rights and Open Area Easement, recorded November 23, 1982, Butte County Recorder Serial Number 82-34889, Book 2772, Pages 521 through 526. All development rights revert to the Grantor and all successors. 2. 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. 3. 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. 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. Conditions of Approval: 1. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. a ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ PAGE 5 ■ 2. Provide an all weather access to all structures. The access shall have, a minimum 10 foot width and 15 foot vertical clearance, and be able to accommodate a 40,000 pound fire apparatus. Public Works Department_ . _----_---------- ---� 3. Prior to issuance of a building permit; obtain encroachment permits from the Public Works'- Department orks' -Department for any existing or new driveway approaches onto Chatfield Avenue, and construct the driveway approaches to County standards. Environmental Health Department 4.. The parcel proposed for the new dwelling has not been proven, satisfactory for sewage disposal and will need to prove it is satisfactory prior to issuance of the required sewage disposal permit. The sewage disposal system for the new -dwelling-shallmeet -the same sewage disposal requirements in effect at the time of the parcel's creation in 1982. 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 Health Department Butte County Fire Department/CDF — Assessor's Office Agricultural Commissioner I/ 0 BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ PAGE 6 ■ :FA910- ALIJ w f th" Dear' o e Co rrimission, I am writing this Idtter on behalf of my faffiily and myself We .are veryinter6sted in purchasing the property W. of 11.8 Chatfield Avenue'.. The: Iargest reason for wanting to buy this property is'it is.a family lane for us., I have several close friends,, cousins andmyaunt, Mary .Perry, that reside on� this street as well As in the town of Biggs.-. My husband and I have 3 small children Anthony -8 Joshila 6; and Katie 3.,, We have always wanted some property so they could enj oy 4-H opportunities like raising a cow, sheep, pig or other small show animal that they are interested in. We also would like to develop a small orchard to farm and .. maybe even get ahorse ortwo. Myhusband and l 'never got to experience the country As children and we feel this is a great opportunity for our kids to learn the basics of living. This is an avenue full of small parcels approximately 5 acres and has the appearance of a nice country la ' ne not. road full of agriculture or large farms. This land is sitting dead. and undeveloped, and.has been in.this condition for many many ycar's and will continue to"s,t'ay that way because it is not 'Useful agriculture land especially with all the houses and small parcels surrounding it. I hope you will consider granting us the use permit to build our dream home . and raise our children in this wonderful area. Sincerely, Terry and Kim Paredes - r'n L AN"; f A PETIT- 1 Y , THIS IS A PETITION TO SAS THA' ANDA tVEDO YAVENL7ES HAVE AGREEABLE TOA RESIDENCE Bl PARCEL W.`OF_1.18 rCHATFIELDA NAMES , 1• ^>Al; 2. 14. e Er, is th bti'1 s 3 BCW Ce I dd—�-vP• 15. ;t7 f 42 ju.d w o 401 lJi&6S , / . ^ A 27• 29. page 2 II. Find that the Use Permit for Scott Martin to terminate'the Conveyance of Development Rights and Open Area Easement of a homesite segregation agreement is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) under Section 15303 (Class 3) of the CEQA. A Class 3(a) exemption consists of the construction of one single-family residence and accessory structures. Section 15300.2(a) further allows for a Class 3 exemption upon consideration of where the project is located. It states that a project that is ordinarily insignificant in its impact to the environment may in a particularly sensitive environment be significant. There are no environmentally sensitive areas on the project site. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CLERK/BOARD OF SUPERVISORS 25 COUNTY CENTER DRIVE OROVILLE, CA 95965 CERTIFICATE OF WILLIAMSON ACT AGREEMENT EXPIRATION (CALIFORNIA LAND CONSERVATION ACT OF 1965) Notice is hereby given by the Board of Supervisors, County of Butte, State of California, that the lands herein described by the Assessor's parcel number(s), and further described in Exhibit "A" together with the legal description attached thereto, became free from the Land Conservation Act Agreement with Peter J. and Alice C. Konyn, APN 039-460-025, entered into on November 28, 1975, and recorded in the official records of Butte County on February 27, 1976, in Book 2051 of records, Pages 124 throughl33; document no. 23208. I Pursuant to Government Code Section 51245, a letter of nonrenewal dated September 4, 90 as received and acknowledged by the Board of Supervisors at its meeting of September 25, 199 ; minute order no. 90-429(b). The expiration date for said contract is the last day. of December 1999 6 Executed this 8th day of February 2000. JANE DOLAN, Chair Butte County Board of Supervisors STATE OF CALIFORNIA) )ss. COUNTY OF BUTTE , ) On February 8, 2000, before me, Marion A. Reeves, a Notary Public, personally appeared Jane Dolan, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary -Q-C►v*-d'V6—C I - I -ae CERTIFICATE OF WILLIAMSON ACT EXPIRATION -40 (CALIFORNIA LAND CONSERVATION ACT OF 1965) Notice is hereby given by the Board of Supervisors, County of Butte, State of California, that the lands herein described in �xhibit "A" became free from the Land Conservation Act agreement n with y ,; �; �; / m K. i 4' �C- m cL� entered into on `t' Y and recorded in the official records of Butte County on in Book� of records, Pages L 09 through • document no. . Pursuant to Government Code Section 51245, a letter of nonrenewal dated was received and acknowledged by the Board of Supervisors at its meeting of minute orderg0 1$ The expiration date for said contract is the last day of .�� o ,,` ��,L_ ,19 9 9 . Executed this day of , 19 NAME, Chair Butte County Board of Supervisors STATE OF CALIFORNIA) ) ss. COUNTY OF BUTTE ) On before me, Carol Roach, Notary Public, personally appeared (name of signer), personally known to me to be the person whose name is subscribed to the within instrument and acknowledge to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted; executed the instrument. WITNESS my hand and official seal. CAROL ROACH, Notary Public My Commission expires August 7, 1996 `r •� .,nig I - iii"-ot OFFICIA:REC04:0 IDUTTE COUM- t:4 -,F CONVEYANCE OF DEVELOPMENT RIGHTSIECORDSREv!•:,::e,% OAD Of .SUPE yy AND OPEN AREA EASEMENT Han 9 }3 P{{�VRs /jZ CIERNOR N.BECKER REC` pQ K - ORDER This Conveyance of Development Rights and Open Area Easepnent, bade this � 'day of [x. M4%Z2 1962 , by and between IBL -34883 jAwz I wr TY POWELL E THELMA G. POWML as Grantor(s) in -consideration of the approval of a use permit do(es) hereby grant to the COUNTY OF BUTTE, as Grantee, hereinafter eferred to as County, the development rights hereinafter set forth for t'e term and subject to the covenants and conditions set forth below in the property described in Exhibit "A" as Parcel 2, attached hereto and madl a part thereof, for the express purpose of maintaining such property! for agricul- tural use and as open area. i R E C I T A L S: WHEREAS, pursuant to the County's General Plan, the Coun'ty;has.determined that the property of Grantor(s) described in Exhibit "A" is agr�cultural 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 WHEREAS, in furtherance of such policy, the County has �oried the property described in - Exhibit "A" to an Agricultural Zone; aqd WHEREAS, Grantor(s) desire(s) to create a lot for the pyrpose of maintaining a single family residence thereon, such lot beinll described as Parcel 1, in said Exhibit "A"; and i WHEREAS, Grantor(s) has (have) applied for and been granted approval z I � of the use permit pursuant to the provisions:of' the Butte CoYnty Section l F+ •24-54 to permit the maintenance of such residencb thereon; a�d' - I i WHEREAS, in order to preserve and maintain the agricultyral purposes. of the Agricultural Zone in which the properties described in' Exhibit "A" I are located, and to maintain the consistency of said zone with the policies I i set forth in the County's General Plan, it is necessary and desirable that Grantor(s) convey.to the County the right to construct addit onal residences on the property described in Exhibit "A" as Parcel 2; and MIEREAS, it is the intent of the Grantor(s)'and the purpose of this ' grant of development rights to allow the Grantor(s) to maintain a residence on the lot described as Parcel 1 on Exhibit "A" and prohibitithe maintenance i of residences on the property described in Exhibit "A" as Parcel 2 so as to neither increase nor decrease the number of residences permitted by the zone in which the said properties are located. THEREFORE, in consideration of the approval of the use permit granting I permission to Grantor(s) to maintain. a.single_Jamil.y residence on Parcel 1 for the purpose of maintaining Parcel 2 as open 'area for agricultural pur- poses, Grantor(s) grant(s) to the County an Open Area Easemerjt with Grantors) and their successors' right to construct and maintain any re idential uses on the property described in Exhibit "A" as.Parcel 2 subject to the following terms and conditions: 1 1. Grantor(s) reserve(s) the right to construct or mai�tain any agri- cultural buildings or to use Parcel 2 for any agricultural u�es otherwise permitted by ordinances duly .adopted by the County;, or ordinances hereinafter adopted by the County to regulate the use of the property de$cribed as Parcel 2, except any rights to construct or maintain any acc�ssory buildings, subject to any regulations or limitations set forth in any s ch ordinances. Js i • 4�. .Ik I ' I _I N 1 , ti ~ WHEREAS, in order to preserve and maintain the agricultyral purposes. of the Agricultural Zone in which the properties described in' Exhibit "A" I are located, and to maintain the consistency of said zone with the policies I i set forth in the County's General Plan, it is necessary and desirable that Grantor(s) convey.to the County the right to construct addit onal residences on the property described in Exhibit "A" as Parcel 2; and MIEREAS, it is the intent of the Grantor(s)'and the purpose of this ' grant of development rights to allow the Grantor(s) to maintain a residence on the lot described as Parcel 1 on Exhibit "A" and prohibitithe maintenance i of residences on the property described in Exhibit "A" as Parcel 2 so as to neither increase nor decrease the number of residences permitted by the zone in which the said properties are located. THEREFORE, in consideration of the approval of the use permit granting I permission to Grantor(s) to maintain. a.single_Jamil.y residence on Parcel 1 for the purpose of maintaining Parcel 2 as open 'area for agricultural pur- poses, Grantor(s) grant(s) to the County an Open Area Easemerjt with Grantors) and their successors' right to construct and maintain any re idential uses on the property described in Exhibit "A" as.Parcel 2 subject to the following terms and conditions: 1 1. Grantor(s) reserve(s) the right to construct or mai�tain any agri- cultural buildings or to use Parcel 2 for any agricultural u�es otherwise permitted by ordinances duly .adopted by the County;, or ordinances hereinafter adopted by the County to regulate the use of the property de$cribed as Parcel 2, except any rights to construct or maintain any acc�ssory buildings, subject to any regulations or limitations set forth in any s ch ordinances. Js i • 4�. .Ik I ' I _I N •2. Nothing in this instrument shall be construed to affect the right of Grantors) to lay, operate, maintain, repair, or .remove water and sewer pipe lines, conduits, or drains below the surface of the �rea described in Exhibit "A” as Parcel 2 insofar as such activities are no� incidental to establishing any residential use of said area, and are no in conflict with the provisions of this Grant. 3. This grant of development rights shall not be construed to permit the public to enter upon the properties described in Exhiit "A" for any purpose whatsoever. ! 4. This easement and grant of development rights shall terminate and the rights granted to the County herein shall revert to Giantor(s) upon the occurrence of any of the following events: a. The property is rezoned to any other zone; or ! b. At least ten (10) years -has elapsed"rom date oflrecordatioh. and the Commission finds circumstances regarding sai{1 property and other properties in the area have changed sufficiently to reconsider i the restriction. S. Grantors) agree(s) that this document may be re oTded in the Butte t County Recorder's Office. i i IN WITNESS WHEREOF, The Grantor(s) has (have) caused these presents to be executed as of the day and year first above written. 1 ATTACH NOTARY PUBLIC VERIFICATION IM JAMS KAXM POWEM, MOM G. POWELL . i GRANTOR(s) • IM 1 I .... .. � �i •.��-.- s -e .ate � .i :. s_ a � �� .: rv.w�w...r �......�..+��.�...� .v .�.. . .• v. i 1 >na< �__CALUCIFM 1 amm" or mnTE K oN c��E2 SrM 19.82.. before me, lht 1910efsipnt4 t Notary PAre in and for sw Stott. ptrso k 41p+.tsred JAMES HARVEY POWELL-- — _— MF -UW G-POWELL ►norm to rrm, �' 3 �rUFFIM1. S :Al, to Le the ptrsw.& MAou wme-• __subsc fed to the wilNn tnstftm t �.�'_ 1Li�.! D. (:'"iiii•fff.ASON adse1nor.he :..., ted to ms that -1Ie3C aecrned the sam< movAnv Wur C� E.p m na.. 26.19413 TMTIESS ray hand 3rd official suL I , at•�Cr.�O:ut�i_twn4-•�•�.e� 1. 01-80N. so Ild q R�ric 1�r ur1 Sbh. -I 1 i , .) r 11 W(HIBIT 'A' }f}}!ff!!f!lf11lRR!lfff}f}♦fffRRf}fff!}}f'flffRfff }ffR ��f�lfffRf PARCEL 1 � All that real property described as the westerly 192.P0'feet of the easterly 332.00 feet of the southerly 483.00 feetiof Lot 31. . Bigg's Colony tl, according to the official map thereof as filed for record in Book 6, Butte County Recorder's Office, at Page 88, lying in Section 24, Township 18 North, Range 2 East; N.D.H., Butte County California. Excepting therefrom the southerly 30.00 feet of said 31. END OF DESCRIPTI0Nit fRRRRRRRRRRllffflfRRff!!lRR1ffRlRRlRRRff Rtlfflf RRlffflRflfffff•!}f RRR••RlRRRRRRRRf RRRf Rf RlfRRRlRRRRRlffRfRlffRf RRlf if}fl IRf 1 RAf RRf lff PARCEL 2 . All that real'property described as Lot 31, Bigg's �olony /1, according to the official map thereof as filed for recgrd in Book 6, Butte County Maps, at Page 88, lying in Section 24, Township 18 North, Range 2 East, M.D.M., Butte County, Californ a.' Excepting therefrom the southerly 30.00 feet of said t 31. y0 ` Excepting therefrom the easterly 140.00 feet of saidt 31. Excepting therefrom the southerly 483.00 feet of the westerly 192.00 feet of -the easterly 332.00 feet of said Lot 31. END OP DESCRIPTION 1 !R!!Rf•lRfRfRlf RlRRRR♦ff1RR�R1RlffRRfRfRflRRf•lfff}!fflRflf•Rf•f R• i l V i t DIX CERTIFICATE OF ACCEPTANCB THIS is to certify that the interest in real property conveyed by the within deed or grant dated from i JAMES HARVEY POWELL € THELMA G. POWELL, to the County pf Butte, a political subdivision, is hereby accepted by order of the Board of Supervisors on November 9, 1982, and the grantees cl'nsents to recordation thereof by its duly author ed officer. I BY aQ/ -LbR, airman o Me — B tte County Board o Supervisors ATTEST: ELEANOR M. BECKER, County Clerk'and Bx-officio Clerk of the Board B i CA PQ OF OOGJM M BUTTE COUNTY PLANNING COMMISSION USE PERMIT August 4, 1982 - DATE (Registered mail receipt)' 82-26 PERMIT NO. 21-19-38 ✓ ASSESSOR'S PARCEL NO. 's a Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: .TAMES H_ & THELMA G_ PnWF.T.T. is hereby granted a Use Permit NAME in accordance with application filed: to allow segregat; om -0f a 2 -acre homesite from property t he north side of Chatfield Avenue, apprnx•imatPly 400 feet We„Ct of Amith Auenue,' RZ. gs - 3 1• Failure to comply with the conditions specifies herein as the basis for approval of appli- cation and issuance of Permit, constitutes cause for the revocation of said permit in accor- dance with the procedures set forth in the Butte County Zoning Enabling Ordinance. 2 Unless otherwise provided for in a condition to a use permit, all conditions must be con-i- pleted by the permittee within 12 months of the delivery of the countersigned permit to . the permittee. 3. If any use for which a use permit has been granted is not established within one year of the date of receipt of the countersigned permit by the permittee, the permit shall become Null and void and reapplication shall be required to establish the use. SPECIAL CONDITIONS: 1. Deed to the County of Butte 30 feet of right-of-way from the centerline of Chatfield Avenue. 2. Sewage system and well -serving dwelling on the 2 -acre parcel to be on the parcel with dwelling at completion -of lot segregation. 3. Parcels shall be created pursuant to the requirements of the State Subdivision Map Act and Chapter 20 of the Butte County Code. 4. Applicant must also comply with all applicable State and local statutes, ordinances and regulations. 1 hereby declare under penalty of perjury that 1 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: Appl iiant NOTE: Issuance of this Use Permit does rept waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. CC: Health Department Department of Public Works (2) 11x t•- '. Fire Department Cha;rmen or Pler.ning Commission •/ A& AF..#.. IOAPr \�! o II l •A• " As" - say�Nry^AU. l offem. for W A0. `IRA R Aw I Ar.e.sir TF— ��•/�� 0�-- I IIitOI Ll ARO&IL" h �ZI - ATt9VT Ar �" ow COW s j V , Al. 4. P. r=146 -14w4 c it 0 41 vrw �I _ 71 �� SEE 'Of 71d11 '/! •. \ /i - � f0. COAK. AIOA.' �OE7A/L "l3 " 10E r.4 /Z 'C" Of7r4/l 'r0' AfM/L "4f rA* Poo N/ 1 AY r t M- r f 1 01 �I NOTE: /JCMP4 NIF /!jAoAdYNE #V&/EfT I ti I 7VffCAOW /CAV/2/T14W Of4 MJ t A/ad/T RK4T/AI: N #fl/YEA'Y 1 A' WACIVIAW-V I A I O< Awjmr. Qm*mc7lav aro/l!A/Ef, UAW4, 647H, eAC. AS AW AsA': 6 .al s1r"1,,! 47 .� ..- 60YEN4f, / A✓l, 'r %Are I -- — — — eev cos i/ H f w sao.ir• _11 1# 0 A•. srixf —�_•—•—r,— r --r • r—•—r—r—w•\ ��NIOG10� i wr ". /IO.AO'(� 1# 01.00 I M LOT It (O I I i r SEE DIETd/[ /� � /�GvTrdAri Ams =C�'rEYe�IVCE � t�v Ac,Afl ROPurN7A' Irf /GiTA/ �t • / 1.iI' s1.f.Pf4 fh+EAIEA�T'Pf,P,w. I z,L d'r+wlRc! � NNL6'Aef 'E h-�a I � y gI � � ►, ., Idol . 5.53tK,PES \0 I \ p ��%Pf's �, p � •wit 1 WICd♦ v� 80p �Q ;z 5/7E LCC4710A.' M.4/7 N r -P LfGfA'/9 • - -FOUND M0A/uME.V7 d+5 VOTED �•' - f.E7//t-,mAAOa, t s 4T0J, O?.Js N07fFV O - /-W/,01/7 DETEA?M/NE/J ONLY (AZI-6MdPS" (00- 77 A ld Pf r6 (0) - t/87 O.R. 6/1 (M) - MEdSU?Er (C) - "zcvLdTEO + � f.B.L. - 5GA//7d?Y6El.9dCA'L.'n/E )94f/4 CF Af,GJ?//I 64 1 r.Uf CF1V'2'PC/1VE 01CdIEYE100 dYe. 7ldA'EN/3e7WEE.V MONI/A. -EA/75 /,VgiCd rE/7 /f •NO/I7A,-FEP Vir,PARCEL I Qi i I wit,* `0 f{ 6o s ,s. c. fauiaev ..�d .P L/,vr �.�?r/Cit' oFl i�r �!, RlG6'S Col nit/Y'�'/, 6 67,'r _ f OF K EveTLsD .OT/OA/ /lnv I I I Msl /�!� 88, LYlk a /.t' AfiMOAII ?4, r/,SAl, e Ze, �� I I �a sEf�Ereit •c'-,, L. I R" /o, I�— � - MtL/:• /,r>•.�- � 1� I Ca.Xc) A1V.M AWyJ R i ZQo. oo �t /ro/l %d'i4.1t P�ff�ILL t 11-- io.00 � 7- `�- - e,/�olrl 6sso.77'l,•r�"swctae —- t -FD. snr/::,rsNEr ,AFEAED J?7 A<G'T7EQA'/A?!', SEE 10L W11 4 • I Alf uu 4Z,00. 77' I LOTS/ 27&7 ,a,Q, 380 - -- d•II'< Q� N/lSP�fC#, NOTE: A'.I AFFIDAVIT OF OWNERSHIP IS BEING CONCURRENTLY. RECORDED IN fH OFFIC OF THE BUTTE COON' RECORDER UNDFA SERIAL NJMBER SURVEYORS CERTIFICATE THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND 13 BASED UPON A FIELD SUnVEY IN CONFORMANCE WITH TIME THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THF REQUEST OF ✓IA//'i "Pv,,A ON JUt r i-4 198 L. 1 HEREBY STATE THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE A1AP, IF ANY. COUNTY SURVEYORS CERTIFICATE THIS MAP CONFORMS WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE. DATED: N»Jf Acrd " iYCz CLAY CASTLEBERRY RCE 142261 COUNTY SURVEYOR R PiRDERS CERTIFICATE FILED A! DAY OF � AT ��i.T F IN BOOK �_ OF MAPS A7 PAGE $.—_ ..�' E REQUEST OF SERiA: NO 4Q bw C / / ri #I 14Af I DE.'UTY ENGINEERING a ; SURVEYING ■■T►`p/ CD PLANNING ZI ORG [`AM 9�v0 . SU.' F OP +.� .� � � • ? OPOv!L! £. CA.;PORwa 95X65 -916:537...,i-Xa OFFICtt- RECOQp: BVTTE COUVTY.- t:AIJF CONVEYANCE OF DEVELOPMENT RIGHTS9EC0RD3REar_::_es1 OA 0 0f :SUPER' RS AND OPEN AREA EASEMENT NO➢ �3 4 13 PIS I��/ NOR M.BfCKERr..`..HHP� iY'"" le1lR-RECO�OER This Conveyance of Development Rights and Open Area Ease,nentWade this A'7" day of (, clmaelz '. 1982 , by and between 83 JAwZ IwzM PO MI E THEIM G. POhM I. ; , as Grantor(s) in consideration of the approval of a use permit do(es) hereby grant to the COUNTY OF BUTTE. as Grantee, hereinafter referred to as County, the development rights hereinafter set forth for 4e1term and subject to the covenants and conditions set forth below in the property described in Exhibit "A" as Parcel 2, attached hereto and made a part thereof, for the express purpose of maintaining such propertyl for agricul- tural use and as open area. R E C I TALS: WHEREAS, pursuant to the County's General -Plan, the Couii.ty;has.determined that the property of Grantor(s) described in Exhibit "A" is 'gr cultural land constituting a natural resource of Butte County; and WHEREAS the County's General Plan sets forth a Policy If Protecting the Agricultural Production Capability of Agricultural lands,I and the maintenance and conservation of this natural resource; and I i WHEREAS, in furtherance of such policy, the County has �oned the property described in -Exhibit "A" to an Agricultural Zone; a WHEREAS, Grantor(s) desire(s) to create a lot for the purpose of maintaining a single family residence thereon, such lot beim described as Parcel 1, in said Exhibit "A"; and - fi WHEREAS, Grantors) has (have) applied for and been grated approvalVi <. of the use permit pursuant to the provisions of•the Butte Co my Section V •24-54 to permit the maintenance of such residencb thereon; aPdj XAMA/' J � F OFFICtt- RECOQp: BVTTE COUVTY.- t:AIJF CONVEYANCE OF DEVELOPMENT RIGHTS9EC0RD3REar_::_es1 OA 0 0f :SUPER' RS AND OPEN AREA EASEMENT NO➢ �3 4 13 PIS I��/ NOR M.BfCKERr..`..HHP� iY'"" le1lR-RECO�OER This Conveyance of Development Rights and Open Area Ease,nentWade this A'7" day of (, clmaelz '. 1982 , by and between 83 JAwZ IwzM PO MI E THEIM G. POhM I. ; , as Grantor(s) in consideration of the approval of a use permit do(es) hereby grant to the COUNTY OF BUTTE. as Grantee, hereinafter referred to as County, the development rights hereinafter set forth for 4e1term and subject to the covenants and conditions set forth below in the property described in Exhibit "A" as Parcel 2, attached hereto and made a part thereof, for the express purpose of maintaining such propertyl for agricul- tural use and as open area. R E C I TALS: WHEREAS, pursuant to the County's General -Plan, the Couii.ty;has.determined that the property of Grantor(s) described in Exhibit "A" is 'gr cultural land constituting a natural resource of Butte County; and WHEREAS the County's General Plan sets forth a Policy If Protecting the Agricultural Production Capability of Agricultural lands,I and the maintenance and conservation of this natural resource; and I i WHEREAS, in furtherance of such policy, the County has �oned the property described in -Exhibit "A" to an Agricultural Zone; a WHEREAS, Grantor(s) desire(s) to create a lot for the purpose of maintaining a single family residence thereon, such lot beim described as Parcel 1, in said Exhibit "A"; and - fi WHEREAS, Grantors) has (have) applied for and been grated approvalVi <. of the use permit pursuant to the provisions of•the Butte Co my Section V •24-54 to permit the maintenance of such residencb thereon; aPdj XAMA/' WHEREAS, in order to preserve and maintain the agricultyral purposes of the Agricultural Zone in which the properties described in Exhibit "A" I are located, and to maintain the consistency of said zone with the policies set forth in the County's General Plan, it is necessary and desirable that Grantor(s) convey to the County the right to construct additional residences on the property described in Exhibit "A" as Parcel 2;'and WHEREAS, it is the intent of the Grantor(s)-and the purpiose of this i grant of development rights to allow the Grantor(s) to maintain a residence on the lot described as Parcel 1 on Exhibit "A" and prohibit !the maintenance of residences on the property described in Exhibit "A" as Parcel 2 so as to neither increase nor decrease the number of residences permitted by the zone in which the said properties are located. - THEREFORE, in consideration of the approval of the use Kermit granting I • permission to Grantor(s) to maintain. a.single-family residence on Parcel 1 for the purpose of maintaining Parcel 2 as openareafor agricultural pur- poses, Grantor(s) grant(s) to the County an Open Area Easement with Grantor(s) and their successors' right to construct and maintain any residential uses on the property described in Exhibit "A" as Parcel 2 subject to the following terms and conditions: ! 1. Grantor(s) reserve(s) the right to construct or maiitain any agri- cultural buildings or to use Parcel 2 for any agricultural u�el otherwise permitted by ordinances duly adopted by the County;, or ordin�nees hereinafter adopted by the County to regulate the use of the property de cribed as Parcel 2. except any rights to construct or maintain any acc�ssory buildings, subject to any regulations or limitations set forth in any s ch ordinances. v ' •2. Nothing in this instrument shall be construed toaffect 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 Brea described in Exhibit "A" as Parcel 2 insofar as such activities are nol incidental to establishing any residential 'use of said area, and are-no� in conflict Kith the provisions of.this Grant. 3. This grant of development rights shall not be construed to permit the public to enter upon the properties described in Exhi>�it "A" for any purpose whatsoever. 4. This easement and grant of development rights shall terminate and the rights granted to the County herein shall revert to Grantor(s) upon the occurrence of any of the following events: . a. The property is rezoned to any other zone; or b. At least ten (10) years- has_elapsi44rom date of recordation, and the Commission finds circumstances. regarding sail property and other properties in the area have changed sufficiently to reconsider the restriction. S. Grantors) agree(s) that this document may be reporded in the Butte County Recorder's Office. ! IN WITNESS WHEREOF, The Grantor(s) has (have) caused! be executed as of the day and year first above written. . I ATTACH NOTARY PUBLIC VERIFICATION I these presents to i i JAMES HARVEY P&E[l ZI •2. Nothing in this instrument shall be construed toaffect 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 Brea described in Exhibit "A" as Parcel 2 insofar as such activities are nol incidental to establishing any residential 'use of said area, and are-no� in conflict Kith the provisions of.this Grant. 3. This grant of development rights shall not be construed to permit the public to enter upon the properties described in Exhi>�it "A" for any purpose whatsoever. 4. This easement and grant of development rights shall terminate and the rights granted to the County herein shall revert to Grantor(s) upon the occurrence of any of the following events: . a. The property is rezoned to any other zone; or b. At least ten (10) years- has_elapsi44rom date of recordation, and the Commission finds circumstances. regarding sail property and other properties in the area have changed sufficiently to reconsider the restriction. S. Grantors) agree(s) that this document may be reporded in the Butte County Recorder's Office. ! IN WITNESS WHEREOF, The Grantor(s) has (have) caused! be executed as of the day and year first above written. . I ATTACH NOTARY PUBLIC VERIFICATION I these presents to i IM JAMES HARVEY P&E[l ZI GRANTOR(s) W IM _... .: T�f'•tJ�.. i "� .S� _ .� Z.1.. Z It in .: .•V .wew�.r �w�._��•��ri� •�.. • .._✓. I f STAR a_ MIF FOM CXM".OF ~ ON oo�aB�2 sTM is.a�2, befat arc, the Wersigned, a NoLry Pubre in end la int Stele, personeth eppuled ' JM4 S k --.... _ — 711EUW G. KNELL known to m UFFII'JAI. 5 :AI, to IP the person.&Oom rumeJi.• u6st fed to the within lnsirumerrl �•'me that '% 1. � ! D. C "!SICHFR OM end eckuorleeled to that _ *3L ae etuied the same. r _ ' 13.n re •:asm fmrrES2 Mnd and ofriciel seeL i �GF Cnwuw. Gp;m N-- 2e,. 1907 al 13"". to Ilcbre Rork I�r u4 Stile. EXHIBIT •A" / fffffff if}ffffff}}f}}f}fffffff►}ff}Riff}f �f}}f }fff fffR f�f�f fffff PARCEL 1 All that real property described as the westerly 192.P0 feet of the easterly 332.00 feet, of the southerly 483.00 feet of Lot 31, Bigg's Colony 11, according to the official map thereof as filed for record in Book 6, Butte County Recorder's Office, at Page 88, lying in Section 24, Township 18 North, Range 2 Eat, M.D.M., !I Butte County California. Excepting therefrom the southerly 30.00 feet of said t 31. END OF DESCRIPTION f�ff}}1f}}ff}lfff}♦ffff lffffff}ffffff•}ff l:ffff•ff}fffff}f}}ffffff }f fff}f}f}ffff•f}•f1f}}}}ffff}1ff}ff }f ff}f fff •f }ffffff♦f Ifff Af }fffff PARCEL 2 All that real property described as Lot 31, Bigg's olony /1, according to the official map thereof as filed for record in Book 6, Butte County Maps, at Page 88, lying in Section 24, Township 18 North, Range 2 East, N.D.M., Butte County, California.' It Excepting therefrom the southerly 30.00 feet of said ILt 31. Excepting therefrom the easterly 140.00 feet of said 31. Excepting therefrom the southerly 483.00 feet of the westerly 192.00 feet of,the easterly 332.00 feet of said Lot 31. END OF DESCRIPTION / ff•f}•ffffff•fff lff}f}11ff}♦fffffffff}fff if }fffff }ff}fff}f }f}♦f }ff . l V Z 19 V f CERTIFICATE OF ACCEPTANCE TRIS is to certify that the interest in real property conveyed by the within deed or grant dated I from JAMES HARVEY POWELL & THELMA G. POWELL, to the County If Butte, a f political subdivision, is hereby accepted by order of the Board of Supervisors on November 9, 1982, and the grantees cl'nsents to recordation thereof by its duly author ed officer. I By airman o e B tte County -bLFRBoard o Supervisors ATTEST: ELEANOR M. BECICER, County Clerk'and Ex-officio Clerk of the Board B BUTTE COUNTY PLANNING COMMISSION USE PERMIT August 4, 1982 DATE (Registered mail receipt) 82-26 PERMIT NO. CA 21-19-38 ✓ ASSESSOR'S PARCEL NO. MMh Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: �TAlES H- & THF.T.MA G_ Pnn T. is hereby granted a Use Permit NAME in accordance with application filed: to allow a of a 2 -acre homesite from property t he north side of Chatfield Avenue, aDnroximatPly 4nn fp-Pt wac't of -Rmitti_Auenue,' Rigs - 1• Failure to comply with the conditions specifies herein as the basis for approval of appli- cation and issuance of Permit, constitutes cause for the revocation of said permit in accor- dance with the procedures set forth in the Butte County Zoning Enabling Ordinance. 2 Unless otherwise provided for in a condition to a use permit, all conditions must be com- pleted by the permittee within 12 months of the delivery of the countersigned permit to the permittee. 3. If any use for which a use permit has been granted is not established within one year of the date of receipt of the countersigned permit by the permittee, the permit shall become null and void and reapplication shall be required to establish the use. SPECIAL CONDITIONS: 1. Deed to the'County of Butte 30 feet of right-of-way from the centerline of Chatfield Avenue. 2. Sewage system and well'serving dwelling on the 2 -acre parcel to be on the parcel with dwelling at completion of lot segregation. 3. Parcels shall be created pursuant to the requirements of the State Subdivision Map Act and Chapter 20 of the Butte County Code. 4. Applicant must also comply with 'all 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: S ".2, — S A r Al - V Aphl itant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. CC: Health Department Department of Public Works (2) Fire Department :A-- . Cha;rmen or Pler.ning Commission tr Aa 04. fow •-�---�—�1/AaI7I .i Af;rA /[ 0/7 " M ri aI I ffT.P.rP. sr�nrr V, cf eras l>A/. etre AWV*,W 70 *OVA" afr • I ,r n e = I IN < ' `�vts�.r SAW C A A. A �, �r SEE /�E7e/! •9 " Of TAU "40 M r • saM►y� �u. t roiti i RC9,RDERS CERTIFICATE I FlLED T�11��'"�' GAY OF � AT G le= ac, 8 '-'r' a ACt40VM�t/! W m r -v � � nd.e•ont -- ,of r10/L 'C" sEE OfZdlt */)* r M DET,4/L ".d" i RC9,RDERS CERTIFICATE I FlLED T�11��'"�' GAY OF � AT G '' • ' - i 2 W m r -v � � nd.e•ont -- t THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST(,-, tYt OF JIAf" . vow ON sye r .4 196 t-. I HEREBY STATE ;t T - — — ` ■T` .� C.vdl:✓fL.') � _ SERIAL NO ■■ rp L var.t.V,IN7oVrfl lOIt11 - r DE-'UTv l i QIP SEEAEM11 •( • e I 6v.Xt:) I � a I 2-eO.00• I A/S9•T?'!a•E XPi) 4100.Of' i 7 AY) v^ Af JrA/L Of ' M ri I1 o I vl I No7E: /IC�TivPb�Ks. i t 1,Ne rBE i7/�!./EC7 t+ �»�A�/tlov�ir &.rocs iewdar y Jeelur1m m m1plEjPr Ipa Q/sr.PiRur/Ict/ y CaAfdl6,6llfi, fll..KPTP.efC6 ,•.s• :: `' wI �wfcai�orfi _ csiaos J_, AVAf MAC& r tf x49✓ECr 7V MAW /CA449 odw are tc., 'rEreacE v , rvett �t Q � Iv2 P.4,eCEL ? r-''-- - - 11 -- i RC9,RDERS CERTIFICATE I FlLED T�11��'"�' GAY OF � AT G �H , � r BASED UPON A FIELD SURVEY IN MOZORMANCE WITH THE MAP ACT AND LOCAL ORDINANCE. DATED: ^111E -Arlt 21- -fez • IN BOOK_ OF MAPS AT PAGE A' E REQUEST OF � � nd.e•ont -- �„\4 THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST(,-, tYt OF JIAf" . vow ON sye r .4 196 t-. I HEREBY STATE ;t T - — — ` ■T` .� C.vdl:✓fL.') � _ SERIAL NO ■■ rp L LCCd7lOA,' M4/-7 A, r •, L f GEA// y • - rOUNfD MOA/UME.VT d6 AI07eD f - f.E7//t'REHdR, L S 4?OQ� O/1.1t NOTE/> O - /A71VT orrccM/NE/J ONz Y (,Q) •- L .NQP6 da d (Art) - 77 A4ePs n: (0)- t/87 O.R. 46/0 (M) = MEdSU?Er (C) - CDLCf/Gd rEO (,d.) - 4.% Md/af 44 5DA//74?r fET.9Gft L:,/E I - AV, RCfL / . ' (al?�rl : t fld fls Of b"l71A'!5 O '��'�C'P� w C ` � wKL I �llC q, � 'TIJf CEN fPC/.VE OFOIfYEDID 4Yf• Td.NENli2T/4�EEti' !MONUti EM 7,5 /A,/J/COTEo d4 lAa1?rAolvfe r, Atd1v4M. PARCEL A Immak I so's I..Icfl~lvrlw veIfAvle1we • ' I I I ,A P!.".C'T/G�iC' l'fLC�T �!, R/GG4 Ccl Cit/Y't/, 6 Cf f of Ec Everfo /.r�rit;.o�io,v /rtv I W/V SO, LYlAla /.t/ SECT10.41' ?Q, rlI V, f M, M W, �'!T/�L'��Pd�T.�/� .4/If•4 OF a> 27A7 ec'nfar/,�rr sEEOE7d/[ :4' I A -f AV" o. K itaE s wvAw.dwAw 4wrfr"rdr a�,veTuvetGlf �fv(o) NOTE: A'JIAFFIDAVIT OF OWNERSHIP IS BEING CONCURRENT�_v RECORDED IN fH-• OFFIC OF THE BUTTE COON- RECORDER UNDFA SERIAL NJ%OBER SURVEYORS CERTIFICATE — THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECT AND I3 COUNTY SURVEYORS CERTIFICATE THIS MAP CONFORMS WITH THE REQUIREMENTS OF THE SUBDIVISION i RC9,RDERS CERTIFICATE I FlLED T�11��'"�' GAY OF � AT G �H , � r BASED UPON A FIELD SURVEY IN MOZORMANCE WITH THE MAP ACT AND LOCAL ORDINANCE. DATED: ^111E -Arlt 21- -fez • IN BOOK_ OF MAPS AT PAGE A' E REQUEST OF -- �„\4 THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST(,-, tYt OF JIAf" . vow ON sye r .4 196 t-. I HEREBY STATE ;t T - — — ` ■T` .� c D THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP. IF ANY. _ SERIAL NO ■■ rp L var.t.V,IN7oVrfl lOIt11 - CLAY CASiLESERRr RCE :422 COUNTY SURVEYOR DE-'UTv l i ENGINEERING SURVEYING PLANNING 463 OPG CAhA BLVD. SU:' F OROV!L! E. CAL;FORNIA 95?65 1-16'• 635.2f.N+ BUTTE COUNTY PLANNING COMMISSION USE PERMIT. August 4, 1982 DATE (Registered mail receipt) 82-26 PERMIT NO. _- 22-19-38 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: JA H_ & THELMA Q_ PnwF.T.T. is hereby granted a Use Permit NAME in accordance with application filed: - to allow segr-zatiom of a 2 -acre home'site from property t he north side of Chatfield Avenue, tel= roxim tele 41710 feet Wp,;"- of Smith Alrenue,' 11 gs - 1 Failure to comply with the conditions specifies herein as the basis for approval of appli- cation and issuance of Permit, constitutes cause for the revocation of said permit in accor- dance with the procedures set forth in the Butte County Zoning Enabling Ordinance. 2 Unless otherwise provided for in a condition to a use permit, all conditions must be cam- pleted by the permittee within 12 months of the delivery of the countersigned permit to the permittee. 3. If any use for which a use permit has been granted is not established within one year of the date of receipt of the countersigned permit by the permittee, the permit shall become Null and void and reapplication shall be .required to establish the use. SPECIAL CONDITIONS: 1. Deed to the County of Butte 30.feet of right-of-way from the centerline of Chatfield Avenue. 2. Sewage system and well'serving dwelling on the 2 -acre parcel to be on the parcel with dwelling at completion of lot segregation. 3. Parcels shall be created pursuant to the requirements of the State Subdivision Map Act and Chapter 20 of the Butte County Code. 4. Applicant must also comply with'all 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: .� _ 5� %> >� -r : _� :!• _r r.<' App, I icant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. CC: Health Department Department of Public Works (2) 6_1•` - Fire Department Che;rmen or Pler.ningCommission —P-1 r I� gl I srrA• � s�►'A'r �[t Ittu A&4w-►.A lel. l ? 97AS C; sw~. `Irlar4w�r SDE r.4 /Z 'C" !Ml>AI. iMA►t t07 N �A+IA��Ir- ars /90.&oAAR` % ,j I 40E74/1 '10" A/ r t SEF D AW& .D M DE74/L "Q" •� • i � ��' wnsA-oso 0 5/7E 3 2 rAl•).rA&,2 a M f QIP Q�, � �;! � �,�-,.� � sEE�ETeit •rte C,LXt:) — �I zoo. oo•CAUTA.Afi 410 Aron• zr • ",e !or> 4r4v. as 7.15 Avi 24; SURVEYORS CERTIFICATE THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD sunvEY IN coNFORMANCE WITH THE REOUIRQ+I Whr0F THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REOUEST OF ✓~" ^Inv/LL ON .Itis r 19 198 C-. I HEREBY STATE THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAIR. IF ANY. N 10. lN.I/I fA/�f♦ L� Orr www •/t� I aas.. 1 �- KI. N OC A1CN �F--- -- _ i r Ai1l��i1 C W. e. P. �r SEE 124f7e/l 119' AfIt /l "46" t ' � AI If 1,.1 Nwfi if I O I •I s v i MIME: A07MPef!'4ftS /IF t AM)'We O A!✓ECT �a �i► �+ M7TWOW / CAVVITA21K ofd cri eArewT ifelenAOlc N&rflre'rIll" AwrAwfaTiicty y I CAAW4,64rff•e.M eSAre OX6 PM AV. t A/IIW f (Xi iiR oe • n. ♦ � -- NE CAI. COrt/ M / f AI ssO.,l• LI fl7 P. t/ilf Ifs iroe LLvwco,�p _LOCd71041. Md/ -1 A, r -o J, colo. ' ` � — — �i� sFE/.iF7e/L f • L E6f�t.//� I ' I 1 • - AWAID Al0VVME.V7 dS A/07e,0 rr� awe c� rfre�vCE .1 l ArLlfi'fLOAAlEM.P1'Iesl!/1f/Qi�A/ ' �x r - sEr//r-R,e^dq es4?0o, o?.15No7EO "Ad,FW,EAcT'PE�CAW- 277E A -- ; O - / 444,OE7EPM/Nf/J ON[Y fAI (w- c Ares ee O P�•521 (Ar) - 77 Md P * tG A/Il ;i'AS -E \ IP (0)- t/87 O. P. 6/6 /It pip• I ,�� I (M) - ME45U?fr c) - CdLCULd 7Eo as Md/af 44 s s.n.Z. - 5d A:/7d/IYSE�.4dLCL.'�/E s s� eC�PE9 ` p 1 v 7 0 RldlecEL /f I %1hA ?1d Ad �/S CF i3E,4/I/d,�ly5 ►. p �LaOeC,PFf w ° •weft 1 a�� A♦ V * ° �• v1 TWE CENfPC/A/EOFdIEYEDl9dYE• JdAeV/3E7WEE.V 4I0wUA.'EAl75 /M014-d7f/7 df'Aldl'r/,"PE.P i Mld"A$ . IPRCEL �M�Av` 60.41 i. A. c. frROwblffAl IV4 f c%vc � � A P�iPJ''/C)iV C'^ Z C)r I!, R/GG4 Col., A r /, G of OFKEYeTEO/I.P/G4T/OA/ /7lN I AMAJ WI lYlAla /A/ Afcr/GN PC, r/8/t!, AP ?4 Al.A A ! /�t� T/t/E ✓�i//�t/C'C'/ll�i"�P.4rf/� ,4/fE,4 of ~"[�_ �t..,t• stt9 ,>r• /+►r. �— I I *--- --ii O.POY I'iip./T'lM) ilO./s(4AJ� 7 � �---- iZ L4. snrl::4sver IrP/I 114A -f f A14W •CL ��,,,��-a>FEc�ome�'nEar/,�rr sEEof7o/L :o•�— I �f,,., for:? 2747 ap 380 t�,VdlUOAdG4frEA'(4i NOTE: AN AFFIDAVIT OF OWNERSHIP IS,BEING CONCURRENT_Y RECORDED IN rHE OFFIC_F OF THEBUTTE COON_ --RECORDER UNDER SERIAL NUMBER COUNTY SURVEYORS CERTIFICATE THIS MAP CONFORMS M H THE REQUIREMENTS OF THE SUBDIVISION ` MAP ACT AND LOCAL ORDINANCE. DATED: ^IW -fed Ll Ilel 6 0 V� CLAY CASILEBERRY RCE 14224v COUNTY SURVEYOR FILED R,, RDERS CERTIFICATE I GAY OF �ii AT �`~ r ENGINEERING ON BOOK— OF MAPS AT PAGE �_- . A' THE REOUEST OF QUI � � SURVEYING �h� --- DCp , PLANNING SERUIL NO t•/ 7s/ 7� 463 ORO CAM BLVD. SU:' F +.4 /4 44A" AI.,0.1WW" OROV!, E. CALIFORNIA 9511!65 Alrwry'.g1lCLloi/I �� . ? 1916'• 53 ; 76Fn L �1\ DE-"UrIz-r�iyr 1 -- - -to*r wnsA-oso 0 5/7E 3 2 rAl•).rA&,2 a M f _LOCd71041. Md/ -1 A, r -o J, colo. ' ` � — — �i� sFE/.iF7e/L f • L E6f�t.//� I ' I 1 • - AWAID Al0VVME.V7 dS A/07e,0 rr� awe c� rfre�vCE .1 l ArLlfi'fLOAAlEM.P1'Iesl!/1f/Qi�A/ ' �x r - sEr//r-R,e^dq es4?0o, o?.15No7EO "Ad,FW,EAcT'PE�CAW- 277E A -- ; O - / 444,OE7EPM/Nf/J ON[Y fAI (w- c Ares ee O P�•521 (Ar) - 77 Md P * tG A/Il ;i'AS -E \ IP (0)- t/87 O. P. 6/6 /It pip• I ,�� I (M) - ME45U?fr c) - CdLCULd 7Eo as Md/af 44 s s.n.Z. - 5d A:/7d/IYSE�.4dLCL.'�/E s s� eC�PE9 ` p 1 v 7 0 RldlecEL /f I %1hA ?1d Ad �/S CF i3E,4/I/d,�ly5 ►. p �LaOeC,PFf w ° •weft 1 a�� A♦ V * ° �• v1 TWE CENfPC/A/EOFdIEYEDl9dYE• JdAeV/3E7WEE.V 4I0wUA.'EAl75 /M014-d7f/7 df'Aldl'r/,"PE.P i Mld"A$ . IPRCEL �M�Av` 60.41 i. A. c. frROwblffAl IV4 f c%vc � � A P�iPJ''/C)iV C'^ Z C)r I!, R/GG4 Col., A r /, G of OFKEYeTEO/I.P/G4T/OA/ /7lN I AMAJ WI lYlAla /A/ Afcr/GN PC, r/8/t!, AP ?4 Al.A A ! /�t� T/t/E ✓�i//�t/C'C'/ll�i"�P.4rf/� ,4/fE,4 of ~"[�_ �t..,t• stt9 ,>r• /+►r. �— I I *--- --ii O.POY I'iip./T'lM) ilO./s(4AJ� 7 � �---- iZ L4. snrl::4sver IrP/I 114A -f f A14W •CL ��,,,��-a>FEc�ome�'nEar/,�rr sEEof7o/L :o•�— I �f,,., for:? 2747 ap 380 t�,VdlUOAdG4frEA'(4i NOTE: AN AFFIDAVIT OF OWNERSHIP IS,BEING CONCURRENT_Y RECORDED IN rHE OFFIC_F OF THEBUTTE COON_ --RECORDER UNDER SERIAL NUMBER COUNTY SURVEYORS CERTIFICATE THIS MAP CONFORMS M H THE REQUIREMENTS OF THE SUBDIVISION ` MAP ACT AND LOCAL ORDINANCE. DATED: ^IW -fed Ll Ilel 6 0 V� CLAY CASILEBERRY RCE 14224v COUNTY SURVEYOR FILED R,, RDERS CERTIFICATE I GAY OF �ii AT �`~ r ENGINEERING ON BOOK— OF MAPS AT PAGE �_- . A' THE REOUEST OF QUI � � SURVEYING �h� --- DCp , PLANNING SERUIL NO t•/ 7s/ 7� 463 ORO CAM BLVD. SU:' F +.4 /4 44A" AI.,0.1WW" OROV!, E. CALIFORNIA 9511!65 Alrwry'.g1lCLloi/I �� . ? 1916'• 53 ; 76Fn L �1\ DE-"UrIz-r�iyr 1 411A'egw. .ae mi. t tot li T �w AW I j tlVlVlse %I I t t.sir / I I /tAI.1•iPKt 1- - ! low- -� - 1 �AOIA� 7Q • IGot ir'9�A �t `^ h Q �IWT I �lw a — t �o W. 4. P. SEE/JETtr1L119' ccacf /-•loo' — � -- f ir4flliflflitA I — •— 1 — .mss - ecss DEWL 00 " rDET.4/L 'C" ✓1f 74 /1 '/0' "E' DfrA/L ( �°f °� "'�~ M !• t N ro N 7 9 1 fI, I w Od t'orsl 0 ~ NOTE: /fC'TiVPtf�64'E!s /�t�er9E s!/d✓EfT � �a � °i �,�a,:-,��,, i 1DTZPAlf MY A/AA/T o ?EIaT/� T17 Ate!/Yf�P!'! D/sT.Pi�3U71GN I ^ I � � . BF IrITE.P. T�Pr/!T/6MAc0/l!l/ES, /:`�, I �I �r0( l r ,:r GO!/ENai4/T�f,. �. .�•' • --- `�I Eve toil tori/ 10C47/04' M,4/- i ! \ rErr st E (aq sss oo '. rl, ♦J sera. a. sritf — —s—?--�--r——■ • ■—.—i—�—.• NIYGOP C.I!' w� \ ��- /IO.AO'(M I I l t I90Q SEE L)ETe/L •/� c07 X,\� AWM Adl?CE! a !f 009-4W MTfiPMlf . I fQ"W,01T1DOMf QFd 'C:/!,frd VCf• - -FOUND MONUMN.OS ET A/OTED cF,vsrw &cVfP4 !©P.NENr f16,VT'f MiU,' � I � �� ,•- - VFr11f-1?eAd q c s 4?oB, o?vs No;rfo act. / s�'�f?6„1eACl.w,1,�9iKTll !I dO.ViPM. IA'dA.,UFsWai Af7 0,6N0S!@Qi2778 (a0 1 /20/NTOEaE?M /NE/JONLY T ol� _77 aai - t/87 O.Q. 6/8 MEeSU?fO $;I . Herz I yo- I (C) - CdLC(1LdTEO - ^ ()Fd) - 44; Md/Af 44 O pI �, 01Ile- ~ ,�Iw � S.B.L. - 5DA//Te?Y•fET�9dCA'L.'%/E K ffT?.P6FYYF �IIpQ �� ^ rl� 5.53 Jew:* k IQ /9d 5/S CF f 4Lr d 1?/A,/l 5 co4CA'E-f o . •h Ip �1 �� rAlf CE.VTf•PL/NE YE. r4 'ENl3erWEeV . . ` i o I o tt ma\ �,� •� C Em L M "m P �j PA A av I.S.so 5.9.Z.ffa/6vwd et,A,ett . �o ,a �,�ricA;/C'FL4''T �� 19/GGA CG7L''A1i' o'/ 6 t7P � p = e � _ � OF E[ EY4Tf0 /.PiY/GOT/O�t/ /rEiV � � I • 7 A/MA9; 88EY/A16 /A/ 3E6T/0,t1 ?Q r1SAl Q?f a/i P 5EE/>ET4/L •C' "w- ilt /Il1 T//E ✓�d1/�!/cG/lf/�iP•t1 7A9.4 \ �{ /� / r l3! I :P'( p i�--.�— �l I /!Ef/ (�F I ra.Xc, I •Q — — — — -- — �--� �ta.,�•,� ,,��.0 � � � /3vrT� coot/rr cep. .� I neo. oo • I / I _ _ _ _ _ _ _ _ 1 I; �-ao' h - ' •--t--O---l---i----- 3oao'—�I� — �' %% --* — — —T`——uo.oeye) aso./r•<•�I sso. /a(.QfJ� 7 I) �L'%I ✓.4'/%!f� /�%f1�tt /D. sPrJ::wsasa I syy�p L7EEAE4TO Bd772raVA07'Y SEE DE74/L 74 " I .Cf 11-60 (M) 42'40..77' LOT a/ 276 7 380 - I � i. Al" 44''e ) O. �i �rPP#, mm6 evtl: . I arwdTl/.Fd16s'f Pfa(/)J NOTE: AN AFFIDAVIT OF OWNERSHIP IS BEING CONCURRENTLY RECORDED IN -/ :�. •THJ OFFICE,OF THE BUTTE COUN- RECORDER UNDER SERIAL NUMBER ------- a� SURVEYORS CERTIFICATE — COUNTY SURVEYORS CERTIFICATE RFCQRDERS CERTIFICATE THIS MAP WAS PREPARED BY ME OR UNDER MY DIR.ECT1OV AND IS THIS MAP CONFORMS WITH THE REQUIREMENTS OF THE SUBDIVISION FILED T�113�1L�� GAY OF �98c�AT 41.4M /tH i r � ENGINEERING BASED UPON A FIELD SUPVEY IN CONFORMANCE WETH THE REQUIRE i&ftpF MAP ACT AND LOCAL ORDINANCE. DATED: N ✓eneeR zT� ,5•Ez I IN BOOK ��_ OF MAPS A7 PAGE A E REQUEST OF G Q! �y \ � SURVEYING THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST I OF ✓/Mfi .►ewstt ON ✓atr i3 198 Z- I HEREBY STATE /T -- -� --- D PLANNING '4 THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR SERiAL NO 3 C'/ 79 A p 463 ORO CAM BLVD . SU11 E %4 CONDITIONALLY APPROVED TENTATIVE AWP• IF ANY. 11144-V s wi. sKxto OROVILLC. CALIFORNIA 96965 cucw�r *Mre rte* C , ? 19161 537,2068 ' CLAY CASILEBERRY RCE 7422 I BY OAW A/ A.lAI.1/I7tl" COUNTY SURVEYOR DEPUTY ---- - -- - .�'� �� i i� �. T�� j � I,�a i, � . I . L11 MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Larry Painter (] 0,o FROM: Lynn SUBJECT: REQUEST FOR EXHIBITS AND PUBLIC NOTICE LIST - — DATE: March 20, 2000 Project Name: _Scott A. Martin THIS IS A REQUEST FOR: File #: _UP 00-09 Black & white reproducible exhibit map Planning Commission _x @ 9:30 A.M. Development Review Planning Manager Vicinity Map Planning Manager Color Exhibit Map Extension of Time Exhibit Map Color Planning Commission Exhibit Map Color Board of Supervisors Exhibit Map Public Notice List Special Exhibits Backread Ordinance Public Notice List Special instructions: The above request is due no later than 3/23/00 Special Instructions and/or research: Number of Meeting Date Copies 4/13/00 1 NOTE: Exhibits should be saved until project is through process, which includes appeal period. M Awn�sn uF-VT Of to Al r y • • n—. 1( 41 r >• Pi wpit) �/\ 11 i I Lam•' `"'" � '�' 1 •` I , rel• o 1. �JQ • \ V � .•v —^dili �ti 1 „ 1 t IS; w I M • � ` tw v (� O • v o .07 >z �• ""N � ru 5;::1 i v � o i. /,� y • ^a •�— -L:":. :7 y '.RAY AL cr u� 1 nW • ' � lr 1!•� r S ;•• /� Pll:: 't .-�•� �.._. 61.114_„�_ �.” " t. •7 ( rr'� .. •� hIFN�'1 rl (�1 f/��r„ M, � p •' •,A _ - .� Vit. _ V I•' •R •` � 1 'y» 10'ICCI � � ��F.... .. it • � ' i i I 3aV FILE NwAP22-19-36 N` SCALE Scott R. & !Judith Elaine Martin 285 E. Sacramento Ave. Chico, California 95926 894-0730 February 3; 2000 Application for.use permit APN 022-190-049. This is an application to permit the building of a home on 5.5 acres at the location known as "West of 118 ChatfieldAve." in Biggs.'.".' The land is currently in escrow, the sale being contingent on the granting of this request. The buyers are Kim and Terry Paredes.. of Biggs. The land has been fallow for many years as it is not practical for an absentee owner to engage in agriculture on such a small parcel. Attached is a site plan prepared by Holloway Construction, 673-0156, which includes property lines and dimensions, and a vicinity map. There are no improvements on the property. Also attached is a petition signed by 19'immediate neighbors to the above property. The neighbors have no objection to a home being built on the parcel RECEIVED FEB s 4 2000 BUTTE COUNTY PLANNING DIVISION Betts, Steve Modified: Fri 3/17/00 7:58 AM Randy, Revised agenda report for your review. I added a short paragraph on the fact that homesite segregations are no longer allowed. I also added alternate recommendations as you requested. Approval of the Use Permit will terminate the agreement,, which is a recorded document which granted residential development rights to the County. Shouldn't there be some sort of legal document signed by the County which terminates the agreement and reverts residential development rights back to the owner? Since we are not recommending approval, this may not be an important issue at this time. If the project is approved we may want to run this by County Counsel for their review. I' I I �, Q I- "ice, WI/A5 d C OVV k7Rer� b'T'�` hQ