HomeMy WebLinkAbout068-341-027o
i
,�'� \�
v"
Y
F e
RESOLUTION _
A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION
APPROVING A TIME EXTENSION OF UP 04N-24 (MOUNT VISTA R.V. PARD '
WHEREAS, the Planning Commission has reviewed and considefed the time extension '
for UP 04N-24 for the Mount Vista R.V. Park, in accordance with Chapter, 24, Section 45.40 ,
• Extension of Time Limits, of the Butte County Code for Assessor's Parcel Number 068-341-027;
and ,
WHEREAS, the Planning `Commission previously approved the Use Permit UP 04N-24
(Oswood — Mount Vista R.V. Park) and adopted an Initial Study/Mitigated Negative Declaration.'
on February 23, 2006 -with an expiration date of May 30, 2008; and
WHEREAS, the applicant is requesting a one (1) year extension to complete the required
conditions, extending the expiration date to May 30, 2009; and
WHEREAS, said request for the time extension was referred to various affected public
and private agencies, County departments, and referral agencies for review and comments; and
WHEREAS, a duly noticed public hearing.was held on July 10, 2008; and
WHEREAS, the Planning Commission has considered a report - from the Planning
Division:
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission:
I. Approves. the Time Extension for UP 04N-24 for the Mount Vista R.V. Park, -
subject to the following findings:
A. The request for the time extension was made in a timely manner on April
24, 2008, prior to the expiration date of the approved use permit.
B. The extension of time is granted until May 30, 2009, in order to complete
the requirements of connection to City of Oroville sewer and providing
pressurized water with hydrant(s)..
C. Mitigation Measures and Conditions from UP 04N-24 are carried forward
with the time extension.
D. No change to the project, circumstances under which the project is
undertaken, or the physical environment have occurred that would cause
new environmental effects or an increase in severity of . environmental
effects. No subsequent environmental review is required_
3
i A
i
DULY PASSED AND ADOPTED this 10th day of July, 2008, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
HARREL WILSON, Chair
Planning Commission
County of Butte, State of California
ATTEST:
TINA BONHAM, Secretary
Planning Commission
County of Butte, State of California
4
Butte County Department of Development Services UTt
TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 0 �0
0 0
7 County Center Drive 0 0
Oroville, CA 95965 ° __'� °
(530) 538-7601 Telephone ° �_, °
(530) 538-7785 Facsimile cOUN'�y
www. butteco u ntv. n et/d ds
www.buttegeneralplan.net
ADMINISTRATION' BUILDINGPLANNING'
MEMORANDUM y
TO: Planning Commission
FROM: Mark Michelena, Senior Planner
SUBJECT: TPM07-0004 Merrill Condition #11`
DATE: November 5, 2009
ATTACHMENTS: 1. Email from CalFire Butte County
2. Modified Conditions of Approval
At the October 22, 2009 Planning Commission hearing, the project was continued open
to November 12, 2009 to allow staff to confer with CalFire Butte County on condition of
approval #11:
11. Prior to building construction, provide an all weather, access of at least 10 feet
wide and vertical clearance of 15 feet that will allow for ingress and egress and
accommodate a 40,000 -pound fire apparatus to within 150 feet of all structures.
Staff spoke with CalFire Butte County and it was determined that since no new
development/construction is part of the project and that the existing, ingress and egress
for the existing RV park meets the standard, the condition can be eliminated.
1
13
USE PERMIT
MAY 2 6 2006
BUTTE COUNTY PLANNING COMMISSION
DATE: (Certified Mail Rec.)
UP 04N-24
PERMIT NO.
068-341-027
ASSESSOR'S PARCEL NO.
Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special
conditions set forth below, William E. Oswood is hereby granted a Use Permit to expand an
existing RV Park from 48 RV spaces to 60 RI V spaces ('12 additional. spaces). The project_ is
subject to the following conditions:
1. Failure'to comply with the conditions specified herein as the basis for approval of
application and issuance of Permit constitutes cause for the revocation of said permit
in accordance with the procedures set forth in the Butte County Zoning Ordinance,
including Butte County Code Sec..24-45.65.
2. Unless otherwise provided for in a special condition to this Use Permit, all conditions .
must be completed prior to or concurrently with the establishment of the granted use.
The expanded use granted by this permit must be established within two years of the
date of approval.
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. If any use for which a Use Permit has been granted is not established within two years
of the receipt of the Permit by the Permittee, the Permit shall become null and void
and reapplication pursuant to Section 24-45 (of the Zoning Code) shall be required to
establish the use previously granted under the expired Permit unless, 30 days prior to
the expiration date, a request for a one-year extension is submitted to the Planning
Commission together with sufficient evidence .that the time limits for processing
development permits under federal or State regulations require time limits which
exceed one year. Upon application, and for good cause by the Permittee, at a public
hearing pursuant to Section 24-45.25 above, the Planning Commission may extend
any time limitation previously made a part of any condition to a Use Permit.
5. 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.
6. Neither the applicant, nor any agent nor representative of the applicant shall intentionally
omit or misrepresent any material fact in connection with the application. Any alleged
material misrepresentation shall constitute grounds for the Director of Development
Services to commence a revocation hearing, and, if proven to exist, shall constitute
sufficient grounds to revoke a Permit.
Project Specific Conditions of Approval:
Planning Division:
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 D" and dated April 30, 2004 and is incorporated herein by this
reference.
2. Prior to the expansion of the use of the project site or business activity being commenced
thereon, pursuant io this permit, all conditions of approval contained herein shall be
completed to the satisfaction of the Planning Division.
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. 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.
Prior to the effectiveness 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).
6. A solid fence, wall or vegetative screening shall be developed along the new RV sites that
will aid in screening the view of these sites from the Olive Highway (SR -162). The final
design and material shall be presented to the Department of Development Services for
approval. (Mitigation Measure # 1)
Plan Requirements: All requirements shall be shown on building plans and site plans.
Timing: Prior to the effectiveness of the Use Permit Issuance.
Monitoring: The Planning Division shall ensure that mitigation is implemented and spot
check to ensure compliance on-site.
Place the following condition on the Use Permit: "Dust generated by the development
activities shall be kept to a minimum with a goal'of retaining dust on the site. Follow the
dust control measures listed below:
a. During clearing, grading,: earth moving, excavation, or transportation of cut or fill
materials, water trucks or sprinkler systems are to be used to prevent dust from
leaving the site and to create a crust after each day's activities cease.
N
C*W
b. During construction, water trucks or sprinkler systems shall be used to keep all
areas of vehicle movement damp enough to prevent dust from leaving the site. At
a minimum, this would include wetting down such areas in the later morning and
after work is completed for the day and whenever wind exceeds 15 miles per
hour.
C. Soil stockpiled for more than two days shall be covered, kept moist, or treated
with soil binders to prevent dust generation."
d. The developer shall post a publicly visible sign with the telephone number and
person to contact regarding dust complaints. This person shall respond and take
corrective action within 24 hours. The telephone number of the BCAQMD shall
also be visible to ensure compliance with BCAQMD Rule 200 and 205 (Nuisance
and Fugitive Dust Emissions).
e. The applicant shall be required to submit a Hazardous Materials Business Plan to
the Butte County Environmental Health Department as required by Chapter 6.95
of the California Health and Safety Code. Storage of flammable liquids or
hazardous materials beyond that normally associated with a residential use is
prohibited. (Mitigation Measure #2)
Plan Requirements: All requirements shall be shown on building plans..
Timing: Requirements of the condition • shall be adhered to throughout all
grading and construction periods.
Monitoring: The Planning Division and the Public Works Department shall
ensure that mitigation is implemented. Building inspectors shall spot check and
shall ensure compliance on-site. Butte County Air Pollution Control District
inspectors shall respond to nuisance complaints.
8. Should grading activities reveal the presence . of cultural resources (i.e., artifact
concentrations, including arrowheads and other stone tools or chipping debris, cans,
glass, etc.; structural remains; humanskeletal remains), work within 50 feet of the find
shall cease immediately until a qualified professional archaeologist can be consulted to
evaluate the remains and implement appropriate. mitigation procedures.
Recommencement of development activities shall not occur until clearance is provided
by the Butte County Department, of Development Services. Should human skeletal
remains be encountered, State lw requires immediate notification of the County
Coroner. Should the County Coroner determine that such remains are in an
archaeological context, the Native American Heritage Commission in Sacramento shall
be notified immediately, pursuant to State law, to arrange for Native American
participation in determining the disposition of such remains. (Mitigation Measure #3)
Plan Requirements: This note shall be shown on .all site development and building
plans.
Timing: This measure shall be implemented during all site development activities.
Monitoring: Should cultural resources be discovered, the landowner shall notify the
Planning Division and a professional archaeologist. The Planning Division shall
coordinate with the developer and appropriate, authorities to avoid damage to cultural
resources and determine appropriate action.
3
9. Limit soil work to periods of dry weather between April 1 to November 15 unless an
erosion control plan for wet weather conditions is prepared by a civil engineer or other
qualified professional and approved by the. Department of Public Works. Mulch protect,
Hydro -seed, or otherwise stabilize the soil on all areas that have been disturbed or have
been cleared of vegetation and are of erodible material. Place a note on the Use Permit
that states: "Limit earthwork to the period between April 1 and Nov. 15, unless an
erosion control plan prepared by a registered civil engineer or other qualified professional
is provided for wet weather operations. All areas where the soil has been disturbed or
where the vegetation has been removed shall be protected from erosion using standard
erosion control methods accepted by civil engineers. " (Mitigation Measure #4)
Plan Requirements: The required note shall be placed on the Use Permit and on all
building and site development plans.
Timing: This measure shall be implemented during site preparation and construction and
subsequent development.
Monitoring: The Department of Development Services and Public Works Department
shall ensure the note is placed on the Use Permit. Building inspectors shall spot check;
and Building shall ensure compliance on-site.
Public Works Division
10. Prior to establishing the use, 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. Install facilities in
accordance with approved plans. (Mitigation Measure #5)
Plan Requirements: The applicant shall submit the required drainage plan to the Public
Works Department for review and approval. '
Timing: The drainage plan shall be approved prior to Use Permit issuance.
Monitoring: The Department of Public Works shall be responsible for ensuring
compliance with this mitigation.
Butte County Fire Department/CDF
11. 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.
12. 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.
13. Fire hydrant, identification, reflector or post reflectors shall be installed acceptable to the
County Fire Chief.
3 .
4
i
:_�
14. A pressurized community water system for fire protection is required to include the
installation of,a second fire hydrant per the requirements of the City of-Oroville. The
specific locations and fire flow requirements shall be in accordance with the Fire
Department specifications and to the satisfaction of the County Fire Chief. Average
required hydrant spacing 800 feet, hydrant size 6 -inches, and residual fire flow 250 gpm.
Submit plans to the Fire Department for review and approval prior to construction of
facilities.
Regional Water Quality Control Board
151. If construction activities result in a land disturbance of one or more acres, the project will
need to be covered under the General Construction Storm water Permit (Order No. 99-08-
DWQ). The permit requires that a Storm Water Pollution Prevention Plan (SWPPP) be
prepared prior to construction activities.
County Counsel
16. If this entire matter or any finding, action or condition of this matter 'is appealed to the
Board of Supervisors, the applicant or any other developer/operator other than the
applicant agrees to indemnify the County of Butte from liability or loss related to the
approval of this project and agrees to sign an indemnification agreement in a form
approved by County Counsel before the Board's appeal hearing. If the application is not
appealed, this condition is deemed satisfied.
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.
44
Date: 1
Applicant
NOTE: Issuance of this Use Permit does waive requirement of obtaining Building and
Health Department permits before s 'ng construction, nor does it waive any other
requirements.
Butte County Planning Commission C-h-a-irMwi-
CC: Land Development Division
Building Division
Environmental Health Division
Butte County Fire Department/CDF
Assessors Office
City of Oroville
5
INCIDENT NUMBER.8972
. DATE'
'8/7/2005
EVENT NUMBE 9043 LOGGED B
MB R "
REPORT TIM
19:48
LOCAL FIRE NUMBE RO
HEMSTALK
STATE FIRE NUMBER 380 A Rarw Fpm exe, o.o BI
156 B
CASE NUMBER' MEDICS
LOCATION 3864 OLIVE HWY SP# 41, . PRA' 11, ECC ❑;
;.
RP
TARYN
PHONE NUMBER-
534-9167 .' REPORT METHO 1911 { i
' WILDLAND FIRES ❑ ESTIMATED ACRES 0
FIRE INFORMATION
STRUCTURE FIRE RESIDENTIAL
FIRE INFO SENT HO
u
EMAIL BY (MBS TO STA 64 >
I-�
OTHER FIRE
.
7-DAY LOGGED, R INITIALS
MEDICAL AIDS
( INCIDENT NAM OLIVE
PSAIOTHER
START DATE 817120051 START TIME
HAZ MAT
DIAMOND # 1.1-1;8..
Billable Incident
Q
CAUSE:
�*
UNDETERMINED "
- COMMENTS
LAND USE
DOMESTIC
MULTIPLE
ACRES', : TYPE OF ACRE
RPTS,,,,MOBILE`
DIAMOND 5 ONLY„S DAMAGE TYPE
DOLLAR DAMAGE ` 2500.001 SAVE 7500.00
INJURIES/FATALITIE ❑-
# CIVILIAN INJURIES # CIVILIAN FATALITIES,
EMD ❑ OES ❑• Interesting Event .
# FF INJURIE w; 0 , # FF FATALITIES'
Now Incident
FC -40 INFORMATION
fc-40 ❑'` DATEOF.FC-4O INC �
AGENCY INC # INC P#
r.
FC -40 COMP DATE
+ FC -40 COMP BY
' County Notlfication.s ;-
EARS Hard Copy Recieved EARS Checked Agenst EARS Computer
❑
COMPLAINANT
ADDRESS:
PHONE NUMBER:
OTHER COMMENTS:
r r•
Butte County Department ofDevelopment Services
Tim Snellings,.Director www.buttecounty.net/dds
.7 County Center Drive x
Oroville, CA 95965
(530) 538-7601 Telephone ,
(530) 538-7785 Facsimile
ADMINISTRATION * BUILDING * PLANNING ,
May 26,'2006
Oswood Family Trust .
i
6028 Golden Eagle Way
Clayton, CA 94517
Re: Use Permit UP 04N-24, APN 068-341-027
Dear Oswood Family Trust: +
Enclosed is your validated Use Permit to expand the Mount Vista RV' Park, an existing RV and
' mobile home park and campground. Existing facilities include 48 RV sites, 5 mobile homes,: a
• laundromat, office and, undeveloped campground. The applicant requests to add a total of 11
more, located on the south. side of Olive Highway, approximately 1;600 feet east of Arbol
Avenue, and also fronts on Hilldale Avenue, Oroville, CA 95966.
Should you have any questions regarding this matter, please contact this office between 8:00
a.m. and 4:00 p.m., Monday through Friday.
Sincerely,
Tina Bonham "
Office Specialist, Senior.
enc.
cc: Land Development Division (g)
Building Division (y)
Environmental Health (p)
Department of Forestry (gld)
G.I.S. (w) -
I <
:'URAPHIC SCALE
60 100 t
25 50 2W x �o,
754
rX FEET
50 ft.
I inch
0.00 SWI
*01A
)60.02
N 89*49'&
DENSt TftE-S
HWY
vmv
�j t,;, t
4 1
w
1 C
V)kk
'67 431.10 RR SPK PM3
430.81 Ep
UNDEVEL CAMPGROUND/
SME
NOTE: OPEb"!
OVERF7 OW AREA
66 ND PAVEmtNr 3W4 OLIVE HWY
IVIED FROM VARIOUS SOURCES OF INFORMATION. OROVILLE. CA 95M
THEBOUND ARY SHOWN HEREON WAS DER
rGIN G
R4VEL SURFACE
NO FIELD SURVEY WORK WAS PERFORMED FOR PURPOSES OF
IPROPb
BOUNDARY DETERMINATION.
IT MAY OR MAY NOT CORRECTLY REPRESENT THE TRUE LOCl OF THE PROPERTY UNES.
OEN k > �EiFAINS/Ol
SCALE- AR.
4. 8OXES
VICINITY M
C NT
CONTOUR INTERVAL - 1
A
12' 6,
57,
58 771VGI 24 A IL 66
61 ,
000 PC I, R
C, TANK
LEGEND,
0 POINT DETERMINED OATY'
C-5 REBA ZAGGED L.S. 4208 OR AS IND
J1 0.3 AC) - SET i12 R
I � �I 152,
APN # 068-341-027 OVERHEAD POLE
12,1 X 1"6G M
LAWN,AREA'
'NSr
-too - PC -'k D E� BRUSH 55 rXIS77NG
5ANITARY SEWER
25', X 60
EXIS-77NG WATER
BRIDGE:
EXISTING GROUND CONTOUR
IQ EXIS77NG FIRE HYDRANT
loc/
Ap PROPOSED SIrE'. -
y _-SWkE,
EXISTING DPAINAGE
BRIDGE�
10
A77ON:
Am -w
398.(& CONT PM5,- 12 X 0.
PHOTO ORIENT
64.
FENCE
EXISTING 6' CHAIN uNK
7.z
L
EX18TING Pi
4
SEASONAL STREAM
36-
0 54
J5"
6 X 60
0 INV
> 34,1
16,
Nr'Pt R
2
40;�,,
32' GRAVEL ROAD';
0
41
21
WA TER'
4
-,20
01
22
-Z3013
LO w TURA
RV.
ONE 2
L AREA
ARE447
29 24 SEWER
�'25 271:-
46
9. 9 5 EP
26
P --PM7
GRA
EXIS77NG 6' CHAIN LINK f ENCE NOTES.
4
7
VEL
68
48
3"7,77 Ell
1. LOTS 25, 29, AND 38 DO NOT EXIST.
49
367.54 - YL
2, 1 OTS 1. 52, 53, 54, AND 55 — EXIS77NG MOBILE HOMES.
— EXISTING OFFICE BVILDING.
36644
J. LOT 2
0 TYPICAL RV. SECTION
;fill
R/N 4. -EXISTING LANDSC4PING
CONSISTS OF LAWN AREAS
AND NA 77VE OAK & -PINE TREES.
W, NO TES:
2 7�
I.' IWATER SFpw.
2. SEWER CITY OF -ORCOLLE
TBAC115
-150.W
L-98 70
YL
GE
DRAINA -COUNTY F�sjrTE
.21, _e(E HOME
Tan 51- MOBILE 0,00
501p, TaM5,
RIP R
-ELECTRICAL PG&E,
5. GAS PG&E
.4
fill
MLtPHONE SBC'
SLOPE
'37 'e�,
C
COMCAST
t
& COMMUNITY 'DEVELOPMENT
a. OPERA770MAL PERMIT HOUSING
'ELL. �5 �SB
FENCED.;
STATE OF CALIFORN14
S I ORAGE
.375.aO TNA
375.37> 9. ZONING AR
AREA,�.
PROPOSED ZYPICAL jOa'±Lr SEC TION 119. GENERAL LDR
a It . AmorinAc
20' x'40�.
—67.
Lots 56 Ared
APPLICANT. WILL" E. OSWOOD
(R,
R
Ft �-195-W 60 28 GOLDEN EAGLE WA Y
R=�2
CLA YTON, CA 94517
nemO.W.
L-16
A —27
(925) 672 28
Tar
EXISTING USE.- -
V�� .00 PC it
34
S1 TE PLAPV
1 -1a; m 1� of or, 10 PROPOSED. 1. fir% r,