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HomeMy WebLinkAboutMUP 12-0004I. EXHIBIT A MINOR USE PERMIT BUTTE COUNTY PLANNING COMMISSION March 28, 2013 DATE OF APPROVAL MUP12-0004 PERMIT NO. 058-160-141 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Larry and Susen Young are hereby granted a Minor Use, Permit for a Winery Production Facility, limited, at an existing small winery facility, to allow retail sales, though the internet and by phone, and wholesale sales.. Failure to comply with the conditions specified herein as the basis for approval of this Minor Use Permit constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Code, Chapter 24, Article 34, Section 251 Permit Revocation or Modification. 2. Unless otherwise provided for in a special condition to this Minor Use Permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this Use Permit must be established within 24 months of the delivery of the countersigned permit to the Permittee, or as provided by BCC Chapter 24, Article 34, Section 247 Time Limits and Extensions. 3. Minor changes as provided by BCC Chapter 24, Article 34, Section 26 C, may be approved administratively by the Zoning Administrator 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 Minor Use Permit has been granted is not established within two years of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void,and reapplication and a new permit shall be required to establish the use. 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. t -Ir- 9 Conditions of Approval: Planning Division 1. The facility shall be licensed by State of California Department of Alcohol Beverage Control as a "Type 02, Winegrower." 2. The operator or land owner shall provide the Department of Development Services with copies of its wine production reports submitted to the Bureau of Alcohol, Tobacco and Firearms or similar agency. - 3. A "right -to -log" disclosure shall be signed by the owner/operator to the satisfaction of the Director of Development Services. The "right -to -log" disclosure shall be provided to the Department of Development Services and shall include provisions that permitted uses may be subject to inconveniences associated with timber.management and harvesting, and that such operations take precedent over conditionally permitted uses. 4. Only off-site retail and wholesale sales are permitted. 5. Wine tastings and customers on site are prohibited. 6. Buildings used for the winery facility shall comply with current Building and Fire Code requirements. 7. The owner/operator shall obtain all necessary building permits for the proposed use within the existing structures. Pnhlir WnA-c 8. Prior to establishing use, deed to Butte County in fee simple 30 feet of right-of-way from each side of the physical centerline of Concow Road along the entire property frontage. Environmental Health 9. Prior to issuance of the Minor Use Permit, applicant shall obtain from the California Regional Water Quality Control Board a Conditional Waiver of Waste Discharge for "Small Food Processors and Small Wineries within the Central Valley." (Order NO. R5- 2009-0097) or Waste Discharge Requirements. 10: Use of the existing wastewater system serving the winery production building shall be for domestic wastewater only, not winery production waste. 11. Prior to operation and annually thereafter, provide verification of potable water by submittal of results of bacteriological testing by a certified laboratory. Processing Fees 12. Prior to issuance of the Minor Use Permit, pay any outstanding project -related processing fees. County Counsel 13. 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 Minor Use Permit, and that I agree.to abide fully by said conditions. Date: �� 2v App nt NOTE: Issuance of this Minor Use Permit does not waive requirement of obtaining Building and Health Division permits before starting construction, nor does it waive any other requirements. cc: Land Development Division Building Division Environmental Health Division Butte County Fire Department/CDF Assessors Office �U Butte County Dep artment� f Develop�,ment ices,..,,', _ '--TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive BUTTE l BU Oroville, CA 95965. COUNTY > CO (530)'538-7601 Telephone DE 201 a •e, o° (530) 538-7785 Facsimile DEC 2012 - coU Nay.URN �'VELOPMENT DE OP NT , s P j Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile APPLICATION PACKET FOR USE PERMIT OR MINOR USE PERMIT Applicant Name: Lv(,24v u`',eVV Project Number: A()0q Check One ❑ USE PERMIT �r5' COUNTY 0 MINOR USE PERMIT DEC 2 1 2012 DEVELOPMENT APPLICATION PACKET CHECKLIST SERVICES The applicant should discuss the application requirements with Department of Development Services, Public Works and Environmental Health staff prior to preparing this application. Please note that acceptance of your application is not an indication of approval. Application packets with missing components cannot be accepted. Include this checklist along with your submittal. Applicant Planner 1. ❑ ❑ Complete a Pre -Application Review with the Environmental Health Division and provide evidence of meeting their requirements for sewage disposal and water supply in one of the ��v following ways:' ❑ A pre -application completion letter from Environmental Health ❑ A Willing and Able to Serve Letter from the appropriate utility district ❑ A completed cooperative agreement for annexation into a utility district 2. 13/ ❑ A completed, signed Project Information Form. 3. L`I ❑ A complete Project Setting. Description (instructions attached). 4. ❑ ❑ If the application is signed by an agent for the owner, an agent authorization form must be N submitted along with the application. The application cannot be accepted unless signed by the owner or authorized agent. 5. ❑ ❑ A signed agreement for Butte County Archaeological Resources Project Review by the Northeast Information Center (NEIC) accompanied by its required topographic map and a check in the amount of $75.00 made out to "NEIC". .,±, Applicant Planner 7. ❑ ❑ Payment of the currently required Application Fees and/or Deposits. Make checks payable to "Butte County Treasurer". Public Fee Schedule is available under "Fees" at: http://www.buttecouniy.net/dds/Planning required prior to issuance of the use permit. Additional fees for publication notices will be Application fees are non-refundable. Applicant's Initials ❑ A creation document for the project parcel and evidence of current property ownership. 8. ❑ ❑ SITE PLAN: Thirty (30) copies of a site map drawn to standard engineering scale (e.g., 1" = 20'). Additional copies of the map shall be made available to county departments upon request. All maps shall be drawn on uniform size sheets no less than 11 "x 17" and no areater than 24" X 36", folded to 8 t/2" x 11 ". In addition, a digital copy of the map and aerial photographs are encouraged. The detailed mag must include: a. ❑ ❑ Name and business address of the applicant, engineer or person who prepared the map. b. ❑ ❑ Assessor Parcel Number(s); street address (if available); tract name and date (if applicable); and/or Township, Range and Section numbers. C. ❑ ❑ Proposed use and/or uses of the property. d. ❑ l , ❑ A vicinity map indicating the location of the land in relation to the nearest major roads and/or significant topographic features in the surrounding area or region. e• ❑ ❑ Property lines, lot dimensions and any applicable easements of record or proposed. f. ❑ ❑ Dimensioned locations of existing and proposed public and private improvements on the property (including, but not limited to, buildings, driveways, roads, parking areas, wells, septic tanks, sewer lines, leach fields, utilities, signage, storm drainage systems and lighting. g. ❑ ❑ Location of all water features including, but not limited to, natural and human -made drainage courses, irrigation canals, ponds, creeks, sloughs; topographic features including, but not limited to, buttes, slopes > 30%, rock out-croppings; and existing vegetation, such as oak trees greater than 5" in diameter and agricultural crops. h. ❑ ❑ Distances between any significant natural and constructed features of the property, such as streets, access roads, streams, rock outcroppings, major tree stands, storm drains, bodies of water, railroads, and their relationship to the property lines. i- ❑ ❑ Location, height, and materials of walls and fences (sections may be required). .1• ❑ ❑ Internal circulation pattern, if applicable. k• ❑ ❑ Existing fire hydrants within 1000 feet. 1. [3 ❑ Approximate location of all buildings, wells, septic tanks and leach fields within 100 feet, on adjacent properties. m• ❑ ❑ All driveways, drawn to scale, on properties within 100 feet of the site. n. ❑ ❑ Existing curbs, gutters, sidewalks and road surface widths on-site or on properties within 100 feet of the site. o• ❑ ❑ Any existing faults or fractures and geologic hazards. i, • P- ❑ ❑ Elevation contours, at an appropriate vertical scale. q• ❑ ❑ Indicate at least one route from the property to a publicly -maintained road. r ❑ ❑ Off -"street parking pursuant to county code. S. ❑ ❑ Indicate scale and include a north arrow oriented to the top of the sheet. t• ❑ ❑ All maps must be clear and legible. `Applicant Planner 9. ❑ ❑ Building Elevations 10. ❑ ❑ If applicable, provide a proposed landscaping and irrigation plan on a separate sheet. 11. ❑ ❑ If applicable, provide a conceptual grading plan. Items to be shown on the plan include: a. ❑ ❑ Natural areas to, be preserved. • b. ❑ ❑ Proposed cut and'fill areas in contrasting colors, or patterns. , ` c. ❑ ❑ Existing and proposed contours at an appropriate vertical scale within the project and on adjacent properties within 100 feet of the project boundaries. d. ❑ ❑ Proposed drainage and flood control facilities. e. ❑ ❑ Erosion control measures and best management practices (e.g., - slope landscaping). f. ❑ ❑ Natural drainage.. g. ❑ ❑ Location•of retaining walls, drainage channels and existing structures. h. ❑ ❑ Location, elevation and size of proposed building pads. Additional information may be required in order to clarify, correct or 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. Additional fees may be collected for the California Department of Fish and Game at the time of recording the Notice of Determination as required by Public Resource Code (PRC) section 21089 (b). Please call the Planning Division of the Department of Development Services at (530) 538- 7601 if you have any questions about these requirements. 3 I I Signature: Ap n e ve Signature: r' Planner Receiving Application K:\Planning\FORMS\APPLICATIONS\UsePennit_MinorUP.doc Revised 07/26/06 4 E Date:a— Date: t Butte County Department of Development Services TIM SNELLINCS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive t BUTTE Oroville, CA 95965 COUNTS' (530) 538-7601 Telephone (530) 538-7785 Facsimile DEC 2.1 2012 DEVELO-pMENT SIERV6CEs PROJECT SETTING DESCRIPTION INSTRUCTIONS Applicant Name: Ld—r rLA 't- 'LO L_1 q Project Number:fiduff)—foo-, Please address the following on a separate sheet of paper: I. Identify any applicable proposed development schedule, including anticipated, incremental, or phased development and all associate projects. 2. 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. 3. Describe the site as it exists before the project, including information on topography, soil stability, plants, animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site and the use of the structures. 4. Describe the surrounding properties, including information on plants, 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.). 5. Include any special studies prepared for the project site including, but not limited to traffic, biology, wetlands delineation, archaeology, etc. .r' S3JlAH3S -`� ,LAIC(UOIRAIG 1.��{L—\/�'.v�.—__.. __ )1' A�illVl.� �Xi� •�J WL!/�.(�(J [/l i � �eA7 1 '9 A1A 17 2 /O ,._ . ua � A P-Mi1_ L i n BUTTE -COUNTY- -DEC-2-1-2012— DEVELOPMENT OUN3Y-T--DEC, 2-1-2012DEVLLOPMENT SERVICES 0 Randolph Vasquez Forest Management COUNTY 4 1' �0 Feather River Blvd. Suite B umville . Calftmia 95%5 DEC ` .7 2012 (530)534-5229 DEVELOPMENT t SERVICES r January 29, 2011 RE: Analysis of compatibility of proposed project with timber production. Gentlemen; Property description and history; Parcel 058-160-141 located in section 16 T 22N R4E Butte County California consists of approximately 155 acres. This area was severely damage by the Concow wildfire occurring in 2008. The property contains an existing residence and out buildings and small vineyard area. The current timber stand consists site III timberland with scattered residual stocking substantially damaged by the 2008 wildfire and not currently considered merchantable. The soil for the site is listed as' Griffgulch-Sumuf complex a very gravely silty loam. Proposed Project The proposed project is to sell wine from an existing agricultural facility occupying approximately 1,190 sq feet. The proposed project is located on non timber bearing ground and within the fire safe clearance area of the other existing structures which would discourage current use of this site (where the building foot print lies) as useable for commercial timber production, or reforestation of the site to commercial species for timber production. Conclusion It is my conclusion as a Registered Professional Forester that the proposed project would not conflict with the growing and harvesting of commercial timber from this property, as the existing structure footprint is located in an area currently not occupied by commercial species. With the proximity to other structures the proposed location would not be suitable for reforestation to establish commercial species on this particular site for future timber production. i Randolph Vasquez RPF# 1884 F15] T.22N. R.4E. M.D.B.&M. 58-16 55 R! 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A-�+a ch Yy,, wt Z S 4 e- ?CAVI pcz e5 35' 506' Solar Panels Ag Storage 82' 20,000 Gal pool Residence BUTTE COUNTY .; DEC 7 2012 .&LVEL'OPMENT SERVICES Concow Lake 0 o Buildings IIS Solar Panels 12333 Concow Road D D' 0 North *0000"- Paved Road About 1 acre lake ------ Dirt Road Prepared by: Larry Young Concow Estate Inc. 12333 Concow Road Oroville, CA 95965 (530) 532-4718 AP # 058-160-141-000 BUTTE CDUAiiy DEC = l 2012 DE VE.L,OpMENT SERVICES y pwiv 2a9� �. Ct,_10 Al ..SAF Xs" ' 7, /00 J V (� fi ANOTHJER QUALITY: J: BUTTE COUNTY PUBLIC HEALTH DEPARTMENT DIVISION OF ENVIRONMENTAL HEALTH SEPTIC SYSTEM INSPECTION CERTIFICATE 202 MIRA LOMA DRIVE ' OROVILLE, CA 95965 (530) 538-7281 (530) 891-2727 The Sewage Disposal System was inspected at ��2 3���, .AP# Trakit # FOR h SEPTIC TANK -LEACHING FIELD Size DD Gallons Length feet . Material Width �3% �� inches No � of Lines • Rock Under Pipe inches The above dimensions meet the minimum requirements of Butte County Code,'Chapter 19. Remarks: , y � DATE PWIRONMENTAI HEALTH SPECIALIST "o ey. W. oM 5.2007 f 1 • ' i N e� BOTTE COUNTY RECEIP* *RECEIPT NUMBER PREFIXES* = Development Services - Building/Planning Division (530)538-7601 = Environmental Health (530)538-7281 = Public Works Department (530)538-7681 Receipt Number: P2348 Paid By: YOUNG, LARRY & SUSEN Project Number: MUP12-0004 Site Apn: 058-160-141 Description: Limited Winery Production Facility Site Address: 12333 CONCOW RD CONCOW, CA 95965 Applicant: YOUNG, LARRY & SUSEN Date Paid: 12/21/2012 Received By: MEM Pay Method: CHECK 1045 Printed: 12/21/2012 12:59 pm Fee Description Account Number Fee Amount - DP GPMF GENERAL PLAN MAINT FEE 4.5% 09 0010-440001-4610311-10113311 $29.34 DP MINOR USE PERMIT 09 0010-440001-204401-101001 $652.00 -DP PUBLISHING/LEGAL NOTICES 09 0010-440001-204401-101001 $163.00 DP TECH MAINT FEE 09 0010-440001-4610312-101001 $6.52 DPCR RECORDERS FEE 09 0010-470001-4612319-101001 $50.00 DPEHLUP MINOR USE PERMIT 0021-540011-4614901-101001 $316.00 DPFPP MINOR USE PERMIT 09 0010-14001-4617240-101001 $114.00 DPLDRF MINOR USE PERMIT 09 0010-440004-4611700-101001 $163.00 Total Fees Paid: $19,493.86 l Butte County Department of Development Services TIM SNELLINGS, DIRECTOR PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530)538-7785 Facsimile www.buftecounty.net/dds ADMINISTRATION* BUILDING * PLANNING March 29, 2013 Larry &.Susen Young 12333 Concow Road Oroville, CA 95965 Re: MUP12-0004; APN: 058-160-141. Dear Larry & Susen: At the regular meeting of the Butte County Planning Commission held March 28, 2013, your request for a Minor Use Permit for a Limited Winery Production Facility at an existing small winery, and to allow retail and wholesale sales though the internet and by phone was approved with conditions. Should you desire.to appeal any of the conditions imposed by the Planning Commission, you must do so in writing, prior to 5:00 .p.m., Monday, April 8, 2013 to the: Clerk of the Board of Supervisors 25 County Center Drive Oroville, California, 95965 The appeal fee of $450.00,must be paid at that time. If you do not appeal, and if there are no other appeals within the 10 calendar -day appeal period, the action of the Planning Commission is final. Should you desire to appeal any of the conditions imposed as part of the approval by the Planning Commission, you have up to one (1) year from the approval date (Butte County Code 20-66 (d)), and it must be in writing to the same appeal address shown above. This appeal fee is also $450.00. APPROVAL OF PROJECT SUBJECT TO PAYMENT OF ALL APPLICABLE FEES Payment of all applicable outstanding processing fees is required as a condition of approval for your project. Prompt payment of invoiced amounts will expedite the approval process in satisfying this condition. I of 2 Since ly, Mark Michelena, Senior Planner Enc: ... • EXHIBIT A MINOR USE PERMIT BUTTE COUNTY PLANNING COMMISSION March 28, 2013 DATE OF APPROVAL MUP12-0004 PERMIT NO. 058-160-141 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Larry and Susen Young are hereby granted a Minor Use Permit for a Winery Production Facility, limited, at an existing small winery facility, to allow retail sales, though the internet and by phone, and wholesale sales.. 1. Failure to comply with the conditions specified herein as the basis for approval of this Minor Use Permit constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Code, Chapter 24, Article 34, Section 251 Permit Revocation or Modification. 2. Unless otherwise provided for in a special condition to this Minor Use Permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this Use Permit must be established within 24 months of the delivery of the. countersigned permit to the Permittee, or as provided by BCC Chapter 24, Article 34, Section 247 Time Limits and Extensions. 3. Minor changes as provided by BCC Chapter 24, Article 34, Section 26 C, may be approved administratively by the Zoning Administrator 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 Minor Use Permit has been granted is not established within two years of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. 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. • Conditions of Approval: Planning Division • 1. � The facility shall be licensed by State of California Department of Alcohol Beverage Control as a "Type 02, Winegrower." 2. The operator or land owner shall provide the Department of Development Services with copies of its wine production reports submitted to the Bureau of Alcohol, Tobacco and Firearms or similar agency. 3. A "right -to -log" disclosure shall be signed by the owner/operator to the satisfaction of the Director of Development Services. The "right -to -log" disclosure shall be provided to the Department of Development Services and shall include provisions that permitted uses may be subject to inconveniences associated with timber management and harvesting, and that such operations take precedent over conditionally permitted uses. 4. Only off-site retail and wholesale sales are permitted. 5. Wine tastings and customers on site are prohibited. 6. Buildings used for the winery facility shall comply with current Building and Fire Code requirements. 7. The owner/operator shall obtain all necessary building permits for the proposed use within the existing structures. Public Works 8. Prior to establishing use, deed to Butte County in fee simple 30 feet of right-of-way from each side of the physical centerline of Concow Road along the entire property frontage. Environmental Health 9. Prior to issuance of the Minor Use Permit, applicant shall obtain from the California Regional Water Quality Control Board a Conditional Waiver of Waste Discharge for "Small Food Processors and Small Wineries within the Central Valley." (Order NO. R5- 2009-0097) or Waste Discharge Requirements. 10. Use of the existing wastewater system serving the winery production building shall be for domestic wastewater only, not winery production waste. 11. Prior to operation and annually thereafter, provide verification of potable water �by submittal of results of bacteriological testing by a certified laboratory. Processing 12. Prior to issuance of the Minor Use Permit, pay any outstanding project -related processing fees. County Counsel 13. 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 Minor Use Permit, and that I agree to abide fully by said conditions. Date: Applicant NOTE: Issuance of this Minor Use Permit does not waive requirement of obtaining Building and Health Division permits before starting construction, nor does it waive any other requirements. cc: Land Development Division Building Division Environmental Health Division Butte County Fire Department/CDF Assessors Office RESOLUTION PC13-06 A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING MINOR USE PERMIT MUP12-0004 WHEREAS, the Planning Commission has considered Minor Use Permit MUP 12-0004 for Larry and Susen Young, in accordance with Chapter 24, Article 31, Use Permits and Minor Use Permits, of the Butte County Code on Assessor's Parcel Number 058-160-141; and WHEREAS, the Planning Commission has considered the project to be exempt from the California Environmental Quality Act (CEQA) provisions under Categorical Exemption 15301 (Class 1) Existing Facilities; and WHEREAS, said Minor Use Permit 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 March 28, 2013; and WHEREAS, the Planning Commission has considered public comments and a report from the Planning Division. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission. 1. Finds that the project is categorically exempt from the California Environmental Quality Act under Categorical Exemption 15301 (Class 1) Existing Facilities. II. Finds that the collection of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is not required based on the determination the project is categorically exempt. 1II. Makes the following Minor Use Permit findings: A. The proposed use is allowed in the applicable zone. The project is zoned TPZ ('Timber Preserve Zone). The TPZ zone allows Agricultural Processing with a minor use permit. Agricultural Processing includes Winery Production Facilities, limited The proposed project, with included conditions of approval, is consistent with the requirements of a Winery Production Facility, limited B. The location, size, design, and operating characteristics of the proposed use will be compatible with the existing and future land uses in the vicinity of the subject property. The project site is zoned TPZ, which is primarily used for timber harvesting. The proposed use will not impact the potential use of the site for timber harvesting. The proposed facility will be located within existing structures. They are already growing grapes and processing into wine on site for personal use. No additional land is needed to allow for the Winery Production Facility, limited There will be no onsite customers. The Minor Use Permit will only allow retail sales, though the internet and by phone, and wholesale sales. C. The proposed use will not be -detrimental to the public health, safety, and welfare of the County. An existing winery facility is already operating on site. It is for personal use only. The Minor Use Permit will only allow retail sales, though the internet and by phone, and wholesale sales. No onsite customers are allowed The winery facility will be required to meet wastewater requirements. The project will not be detrimental to the public health, safety, and welfare of the County. D. The proposed use is properly located within the County and adequately served by existing or planned services and infrastructure. The Minor Use Permit will not allow for onsite customers or wine tasting. As part of the retail/wholesale sales, shipping will occur. The parcel is adequately served by a county -maintained, paved public road (Concow Road). The facility will be served by individual well and wastewater system. E. The size, shape, and other physical characteristics of the subject property are adequate to ensure compatibility of the proposed use with the existing and future land uses in the vicinity of the subject property. The project site is located in a rural area with timberland and residential uses. The winery is currently operating for personal use in existing building. The facility is on a small portion of the ISS acre site. The project will not impact surrounding, or future, timber harvesting in the project area, or on the project site. F. Based on the above findings, the proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare, or injurious to properties or improvements in the vicinity. IV. The project is consistent with the following General Plan Policies: A. LU -P1.5 The County shall conserve timber resources. The project site is approximately 155 acres. The existing developed area, including a residence, vineyard and winery facility is approximately 11 acres. The Registered'Professional Forester identified the project would not conflict with the growing and harvesting of commercial timber. LU -P2.2 Economic use and value of private property shall be maintained. The Minor Use Permit will allow for. the owners to sell their wines both retail, though the internet and by phone, and wholesale sales. This allows the owners the economic benefit of producing wine on their property. ED -P2.1 The County shall create and support opportunities to promote and market agricultural products grown or processed within Butte County. Vineyards are considered an agricultural use and grapes are an agricultural product. The Minor Use Permit will allow for the owners to sell their wines both retail, though the internet and by phone, and wholesale sales. Selling their wines will advertise a locally owned and operated business. ED -P2.2 The County shall encourage development of food processing and other facilities that could support production of "value-added" agricultural products from Butte County. The growing and processing of the grapes on site to make wine supports the value-added agricultural products produced in Butte County. Small scale agricultural operations are specialty operations that help promote agriculture in Butte County. AG -P4.1 The County recognizes and supports the role of small farms growing specialty products in Butte County. The growing and processing of the grapes on site to make wine supports the value-added agricultural products produced in Butte County. Small scale agricultural operations are specialty operations that help promote agriculture in Butte County. COS -P11.1 The County supports and promotes sustainable timber production. The project site is approximately 155 acres. The existing developed area, including a residence, vineyard and winery facility is approximately 11 acres. The Registered Professional Forester identified the project would not conflict with the growing and harvesting of commercial timber. B Based on the above analysis, the proposed project is consistent with the applicable General Plan Policies. V. Approves Minor Use Permit MUP12-0004 for Larry and Susen Young, subject to the findings and conditions in Exhibit "A" A. The proposed use will comply with each of the applicable provisions of Butte County Code Chapter 24, Article 24 Land Use Compatibility Standards; Article 25 Supplemental Use Regulations; and Article 31, Conditional Use Permits. Conditions of approval have been applied to this project pursuant to the applicable requirements of Butte County Code Chapter 24. The project is in accord with the purposes of the TPZ (Timber Preserve Zone) and the Butte County General Plan designation of Timber Mountain. i 9 DULY PASSED AND ADOPTED this 28th day of March, 2013, by the following vote: AYES: Commissioners Donati, Grossberger, Nelson, Wilson and Chair Kennedy NOES: ABSENT: ABSTAIN: ATTEST: + Ki McMillan, Secretary Rldnning Commission County of Butte, State of California hi " k 1� bLLII� I Mary Ken%edy, Chair Planning Commission County of Butte, State of California • APPENDIX A • NOTICE OF EXEMPTION TO: _ Office of Planning and Research FROM: Butte County Planning Division 1400 Tenth Street, Room 12.1 7 County Center Drive Sacramento, CA 95814 Oroville, CA 95965 X County Clerk 0 n County of Butte L� EE25 County.Center.DriveOroville, CA 95965 MAR 2 9 2013 IL111 Project Title Minor Use Permit,. MUP12-0004 I caNDaCF _J rv1��Q.$UE CO. CLERK y 1V �� DEPUTY Assessor's Parcel No.: 058-160-141 — - - Applicant: Larry & Susen Young, 12333 Concow Road,.Oroville, CA 95965 .Project Location -Specific: The parcel is located on the west side of Concow Road, approximately 1.2 miles.north of Jordan Hill Road, at 12333 Concow Road. Project Location -City: Oroville Project Location -County: Butte Description,of Nature, Purpose and Beneficiaries of Project: A Minor Use Permit to allow for a Limited Winery.Production.Facility .at an. existing. small winery, and to allow.retail and wholesale sales .'though the Internet and by phone. ..Name of Person or,Agency Approving Project: Butte County Planning Commission ,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: 15301 _ Statutorily: Exempt -15274(6) Reasons why project is exempt: Class 1 consists of the operation, repair; maintenance; permitting, .leasing, licensing; or minor alte.ration.of existing'public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Contact Person:: Mark Michelena Telephone: .(530) 538-7376 If file.d.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: Chuck Thistlethwaite; Development Services Planning Manager • DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT Larry & Susen Young 12333 Concow Road Oroville, CA 95965 FILING NO. Project Title/File Number: Minor Use Permit, MUP12-0004 APN: 058-160-141 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION (X) A. Statutorily or Categorically Exempt $50.00 Clerk's Documentary Handling Fee ( ) B. De Minimis Impact - Certificate of Fee Exemption $50.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION - FEE REQUIRED ( ) A. Negative Declaration $2,156.25 State Filing Fee $50.00 Clerk's Documentary Handling Fee ( ) B. Environmental Impact Report $2,995.25 State Filing Fee $50.00 Clerk's Documentary Handling Fee 3. ( ) OTHER (Specify) $50.00 Clerk's Documentary Handling Fee PAYMENT / NON-PAYMENT OF FEES: 1. (X) PAYMENT: The above fees have been paid. See attached receipt(s) - P2348 2. ( ) NON-PAYMENT: The above fees are required. Not paid. Chief Plannine Official By: Tim Snellings, Development Services Title: Director Lead Agency: Butte County Department of Development Services Date: March 29, 2013 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. t TOTAL :$ 1,493.86 f APPROVED BY:, RECEIVED BY: AUDITOR -CONTROLLER TREASURER BY: white=treasurer. pinkcauditor -canary,=depositor. 0oldewrodafi(e, :r iCOUNTY OF BUTTE ?i AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT } OROVILLE, CA ATR NO 95982 RECEIVED FROM -DEVELOPMENT SERVICES BUILDING DIVISON DEPOSIT DATE 12/26/2012 BAG,# 316 DEPOSIT AMOUNT $ 1,493.86 DEPT ` FUND FUND COST ACCT PROJ CASH DESCRIPTION TITLE CODE CNTR CODE CODE CODE AMOUNT RECEIVED ON: 12126 REC# P2348 FOR: 12/21 GENL PLAN`MAINT FEE, GENL 0010: 440001 4610311 10113311 29.34 DEFERRED REV PLANNIG GENL 0010 440001 204401 101001 815.00 FIRE COMMCL PLNG.REV FEES FIRE PRTECTN 0010 14001 4617237 101001 FIRE PLNG APPL FEE ($RA) FIRE PROTECTN 0010 14001 4617240 101001 114.00 TECH MAINT FEE - DEV SVCS GENL 0010 440001 4610312 101001 642- REMOVE'NOTICE OF VIOLATION GENL 0010 440001 4350903 101001 CHRG ON RTRN CHK GENL 0010 440001 4610105 101001 NIA GENERAL FUND GENL 0010 440004 4611700 101001 163.00 WITNESS FEES GENL 0010 440001 4712523 101001 RECORDERS FEES GENL 0010 470001 4612319 101001 50.00 DEV SRVCS.-CWIF PRO_ C FEE GENL 0010 440001 4617999 101001 ' :COPIES GENL 0010 440001 4711910 101001 AGRICULTURE GENL - 0010 460001 4612200 101001 EH BUILDING CLEARANCES ENV HLTH FEES 0021 540011 4614901 101001 376.00 t TOTAL :$ 1,493.86 f APPROVED BY:, RECEIVED BY: AUDITOR -CONTROLLER TREASURER BY: white=treasurer. pinkcauditor -canary,=depositor. 0oldewrodafi(e, *TTE COUNTY RECEIP4 Printed:, -3/29/2013 *RECEIPT NUMBER PREFIXES* 12:43 pm =Development Services - Building/Planning Division (530)538-7601 = Environmental Health (530)538-7281 = Public Works Department (530)538-7681 Receipt Number: P2348 Date Paid: 12/21/2012 Paid By: YOUNG, LARRY & SUSEN Received By: MEM Project Number: MUP12-0004 Pay Method: CHECK 1045 Site Apn: 058-160-141 Descrintion: Limited Winery Production Facility Site Address: 12333 CONCOW RD CONCOW, CA 95965 Applicant: YOUNG, LARRY & SUSEN Fee Description Account Number Fee Amount DP GPMF GENERAL PLAN MAINT FEE 4.5% 09 0010-440001-4610311-10113311 $29.34 DP MINOR USE PERMIT 09 0010-440001-204401-101001 $652.00 DP PUBLISHING/LEGAL NOTICES 09 0010-440001-204401-101001 $163.00 DP TECH MAINT FEE 09 0010-.440001-4610312-10100.1 $6.52 DPCR RECORDERS FEE 09 0010-470001-4612319-101001 $50.00 DPEHLUP MINOR USE PERMIT 0021-540011-4614901-101001 $316.00 DPFPP MINOR USE PERMIT 09 0010-14001-4617240-101001 $114m DPLDRF MINOR USE PERMIT 09 0010-440004-4611700-101001 $163.00 Total Fees Paid: $1;493.86 1 State`of California—Natural Resources Agency DEPARTMENT OF FISH AND WILDLIFE 2013 ENVIRONMENTAL FILING FEE CASH RECEIPT REr#43,9020 STATE CLEARING HOUSE # (lfapplicable) SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY LEAD AGENCY aTTC Q UA I -I LUl-%O�/?%(J.17?9 V/CCS D, ' 2199 1-3 COUNTY/STATE AGENCY OF LINGDOCUMENTNUMBER PROJECTTITLE PROJECTA PLICANTN_v,E PHONENYR PROJE T PPLICA TA✓ 7" Z_ .33 C PROJECT APPLICANT (Check appropriate box) C ,,Q'y_J¢oal PBwblic�A§enty^ ❑ School District ❑ Other Special District CHECK APPLICABLE FEES: ❑ Environmental Impact Report (EIR) ❑ Mitigated/Negative Declaration (ND)(MND) ❑ , .Application Fee Water Diversion (State Water Resources Control Board Only) Dt Orpiects Subject to Certified Regulatory Programs (CRP) County Administrative Fee ❑I Project that is exempt from fees, ❑ Notice of Exemption ❑ DFW No Effect Determination (Form Attached) ❑ Other PAYMENT METHOD: ❑ Cash ❑ Credit ❑ Check 099'''bther/ r rA (__ iQ2'ce�_ S;1TE,7 ZIP D - ❑ State Agency=_ 4¢ rivate Entity $2,995:25 $ ' $2,1.25_ $ . '$85U.o ; $ $50.00 TOTALRECEIVED %C'7�1T X • �/� whine -PROJECT APPLICANT YELLOW -DFW/ASB PINK-LEADAGENCY GOLDENROD -COUNTYCLER K DFG753.5a(Rev.111/12) r Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buttecounty.net/dds www.buttegeneralplin.net ADMINISTRATION * BUILDING * PLANNING MEMORANDUM TO: Planning Commission FROM: Mark Michelena, Senior Planner SUBJECT: MUP12-0004 (Young) DATE: March 28, 2013 The following corrections to the Agenda Report are proposed. 1. Page 3 — 3`d Bullet 2. Page 3 — 4`h Bullet • The project parcel is designated as Timber Mountain by the General Plan. 3. Page 4 and Page 9 (Resolution) ED P24COS-1`11.1 The County supports and promotes sustainable timber production. 4. Page 5 Land Use (2nd Bullet) 5. Page 9 (Resolution Title) A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING CONDITIONAL MINOR USE PERMIT MUP12-0004 .. 0 • BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT — March 28, 2013 Applicant: Larry & Susen Young Supervisor 1 Dktrirt! Owner: Larry & Susen Young File #: MUP12-0004 Request: A Minor Use Permit to allow for Planner: Mark Michelena Location: The parcel is located on the west side of Concow Road, approximately 1.2 miles north of Jordan Hill Road, at 12333 Concow Road. Attachments: A: Resolution with Minor Use Permit and Conditions of Approval (Exhibit A) B: General Plan, Zoning Map and Vicinity Map C: Registered Professional Forester Letter Project Size: 11 acres (approximately) D: Site Plan EXECUTIVE SUMMARY: Larry and Susen Young are requesting approval of a Minor Use Permit to allow for a Limited Winery Production Facility at an existing small winery to allow retail and wholesale sales by internet and phone. They have been producing wine for personal use and gifts. The existing winery facility building is approximately 34 feet x 21 feet. Staff recommends adoption of the attached resolution finding the project exempt from the California Environmental Quality Act (CEQA) and approving Minor Use Permit MUP12-0004 with findings and conditions. PROJECT DESCRIPTION: • The applicant requests a Minor Use Permit for an existing small winery facility to allow the retail, by internet and phone, and wholesale sales. No customers will be coming to the site. • They have been producing wine for personal use and gifts. • The project parcel fronts on Concow Road, a county -maintained road. • No new development is proposed. ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ March 28, 2013 ■ Larry & Susen Young - MUP12-0004 Agenda Report ■ Page 1 of 13 ■ 1 a Limited Winery Production Facility at an existing small winery, and to allow retail and wholesale sales though the internet and by phone. G.P.: TM (Timber Mountain) Zoning: TPZ (Timber Preserve) Zone Date: December 10, 2012 APN: 058-160-141 Parcel Size: 148.3 acres Planner: Mark Michelena Location: The parcel is located on the west side of Concow Road, approximately 1.2 miles north of Jordan Hill Road, at 12333 Concow Road. Attachments: A: Resolution with Minor Use Permit and Conditions of Approval (Exhibit A) B: General Plan, Zoning Map and Vicinity Map C: Registered Professional Forester Letter Project Size: 11 acres (approximately) D: Site Plan EXECUTIVE SUMMARY: Larry and Susen Young are requesting approval of a Minor Use Permit to allow for a Limited Winery Production Facility at an existing small winery to allow retail and wholesale sales by internet and phone. They have been producing wine for personal use and gifts. The existing winery facility building is approximately 34 feet x 21 feet. Staff recommends adoption of the attached resolution finding the project exempt from the California Environmental Quality Act (CEQA) and approving Minor Use Permit MUP12-0004 with findings and conditions. PROJECT DESCRIPTION: • The applicant requests a Minor Use Permit for an existing small winery facility to allow the retail, by internet and phone, and wholesale sales. No customers will be coming to the site. • They have been producing wine for personal use and gifts. • The project parcel fronts on Concow Road, a county -maintained road. • No new development is proposed. ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ March 28, 2013 ■ Larry & Susen Young - MUP12-0004 Agenda Report ■ Page 1 of 13 ■ 1 SITE CHARACTERISTICS: • The 148.3 -acre project site is developed with an existing residence, garage, winery, two agricultural storage buildings, pump house, garage, pool, vineyard and ground mounted solar. • The remainder of the parcel is undisturbed. • The project site has an elevation range of 1780 up to 2,485 feet above sea level. • The site is not located within an earthquake fault zone or an airport land use compatibility zone. • This is an area characterized by timber harvesting land with rural residential development. • Wilenor Ditch is located on the western portion of the site. Concow Creek is located in the northwest corner of the site. ANALYSIS: Zoning Consistency • The project parcel is zoned TPZ (Timber Preserve). • The TPZ zone allows Agricultural Processing with a Minor Use Permit. Agricultural Processing is defined as follows: The cooking, dehydrating, refining, milling, pressing, or other treatment of agricultural products that changes the naturally grown product for consumer use or for further processing, and receiving agricultural products from other growers for such processing. Examples of Agricultural Processing uses include cold storage houses; wineries (pursuant to the definition of "Winery Production Facility, limited'), hulling operations for on-site or off- site products; fruit dehydrators; dryers, and the sorting, cleaning, packing, bottling, storing or warehousing, pruning and sale of orchard and farm wood, and the wholesaling, transportation and distribution of agricultural products. Uses classified as Animal Processing and Intensive Animal Uses are excluded from this definition. A Winery Production Facility, Limited, is defined as follows: A facility that grows and harvests grapes for the on-site production of wine where on-site retail sales and public wine tasting is not permitted but off-site retail (e.g. Internet and phone sales) and wholesale sales are permitted. • The TPZ zone identifies that no Minor Use Permit shall be granted until the following additional requirements are met: 1. A Registered Professional Forester (RPF) will be required to find that the use will not negatively detract from the ability to grow and harvest timber and timber products. The conditional use will be determined to be compatible with timber growing and harvesting. The RPF will provide all supporting documentation to the Department of Development Services. 2. A "right -to -log" disclosure shall be signed by the owner/operator in a TPZ zone when a Conditional Use Permit or Minor Use Permit is proposed. The "right -to -log" disclosure ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ March 28, 2013 ■ Larry & Susen Young - MUP12-0004 Agenda Report ■ Page 2 of 13 ■ PIA shall be provided to the Department of Development Services and shall include provisions that permitted uses may be subject to inconveniences associated with timber management and harvesting, and that such operations take precedent over conditionally permitted uses. • The applicant has provided a letter (attached — Exhibit C) from a Registered Professional Forester, Randolph Vazquez (RPF# 1884). The letter states: 1. The parcel was severely damaged by the Concow wildfire that occurred in 2008. The current timber stand consists of site III timberland with scattered residual stocking substantially damaged by the fire and not currently considered merchantable. 2. The area used for the winery is located on non -timber bearing ground and within the fire sage clearance area of the other existing structures, including a residence, which would discourage the area as usable for commercial timber production. • Mr. Vasquez concluded that the proposed project would not conflict with the growing and harvesting of commercial timber form this property. • The project will be subject to the regulatory requirements of BCC §24-175(F.) (Operational Standards). General Plan Consistency • The project parcel is designated as Agriculture by the General Plan. • The project was reviewed for consistency with the policies of the General Plan: LU -P1.5 The County shall conserve timber resources. The project site is approximately 155 acres. The existing developed area, including a residence, vineyard and winery facility is approximately 11 acres. The Registered Professional Forester identified the project would not conflict with the growing and harvesting of commercial timber. LU -P2.2 Economic use and value of private property shall be maintained. The Minor Use Permit will allow for the owners to sell their wines both retail, though the internet and by phone, and wholesale sales. This allows the owners the economic benefit of producing wine on their property. ED -P2.1 The County shall create and support opportunities to promote and market agricultural products grown or processed within Butte County. Vineyards are considered an agricultural use and grapes are an agricultural product. The Minor Use Permit will allow for the owners to sell their wines both retail, though the internet and by phone, and wholesale sales. Selling their wines will advertise a locally owned and operated business. ED -P2.2 The County shall encourage development of food processing and other facilities that could support production of "value-added" agricultural products from Butte County. ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ March 28, 2013 ■ Larry & Susen Young - MUP12-0004 Agenda Report ■ Page 3 of 13 ■ 3 The growing and processing of the grapes on site to make wine supports the value-added agricultural products produced in Butte County. Small scale agricultural operations are specialty operations that help promote agriculture in Butte County. AG -P4.1 The County recognizes and supports the role of small farms growing specialty products in Butte County. The growing and processing of the grapes on site to make wine supports the value-added agricultural products produced in Butte County. Small scale agricultural operations are specialty operations that help promote agriculture in Butte County. ED -P2.1 The County supports and promotes sustainable timber production. The project site is approximately 155 acres. The existing developed area, including a residence, vineyard and winery facility is approximately 11 acres. The Registered Professional Forester identified the project would not conflict with the growing and harvesting of commercial timber. • Based on the above analysis, the proposed project is consistent with the applicable General Plan Policies. Criteria for Granting a Minor Use Permit The criteria for granting a minor use permit for a Winery Production Facility, limited, requires the following findings per (BCC §24-222): A. The proposed use is allowed in the applicable zone. The project is zoned TPZ (Timber Preserve Zone). The TPZ zone allows Agricultural Processing with a minor use permit. Agricultural Processing includes Winery Production Facilities, limited. The proposed project, with included conditions of approval, is consistent with the requirements of a Winery Production Facility, limited. B. The location, size, design, and operating characteristics of the proposed use will be compatible with the existing and future land uses in the vicinity of the subject property. The project site is zoned TPZ, which is primarily used for timber harvesting. The proposed use will not impact the potential use of the site for timber harvesting. The proposed facility will be located within existing structures. They are already growing grapes and processing into wine on site for personal use. No additional land is needed to allow for the Winery Production Facility, limited. There will be no onsite customers. The Minor Use Permit will only allow retail and wholesale sales though the internet and by phone. C. The proposed use will not be detrimental to the public health, safety, and welfare of the County. An existing winery facility is already operating on site. It is for personal use only. The Minor Use Permit will only allow retail and wholesale sales though the internet and by phone. No onsite customers are allowed. The winery facility will be required ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ March 28, 2013 ■ Lary & Susen Young - MUP12-0004 Agenda Report ■ Page 4 of 13 ■ FA NU W • to meet wastewater requirements. The project will not be detrimental to the public health, safety, and welfare of the County. D. The proposed use is properly located within the County and adequately served by existing or planned services and infrastructure. The Minor Use Permit will not allow for onsite customers or wine tasting. As part of the retail/wholesale sales, shipping will occur. The parcel is adequately served by a county -maintained, paved public road (Concow Road). The facility will be served by individual well and wastewater system. E. The size, shape, and other physical characteristics of the subject property are adequate to ensure compatibility of the proposed use with the existing and future land uses in the vicinity of the subject property. The project site is located in a rural area with timberland and residential uses. The winery is currently operating for personal use in existing building. The facilityis on a small portion of the 155 acre site. The project will not impact surrounding, or future, timber harvesting in the project area, or on the project site. The project, with project conditions, complies with the required findings to approve a use permit. Land Use • The project would not result in a significant increase in air emissions, fugitive dust emissions, light, noise, or vehicle traffic. Only a minor amount of construction activity would be required to install the proposed tower and ground related equipment. • The project site is not located within an Airport Compatibility Zone. Agency Review The project application materials were circulated to Environmental Health, Public Works/Land Development, Agricultural Commissioner, Cal Fire/Butte County Fire, Assessor's Office and NAVFACSW Intergovernmental Branch AM -3. Public Works and the Agricultural Commissioner included conditions. ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ March 28, 2013 ■ Larry & Susen Young - MUP12-0004 Agenda Report ■ Page 5 of 13 ■ 5 ENVIRONMENTAL REVIEW: • No additional structures are required for the proposed use. • Wine processing currently occurs on site and within the existing structures. This project has been determined to be exempt from the California Environmental Quality Act (CEQA) provisions under Categorical Exemption 15301 (Class 1) Existing Facilities: Class I consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. PUBLIC COMMENTS: Staff did not receive any public comments prior to completion of the agenda report. ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ March 28, 2013 ■ Larry & Susen Young - MUP12-0004 Agenda Report ■ Page 6 of 13 ■ RESOLUTION PC13 - A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT UP13-0002 WHEREAS, the Planning Commission has considered Minor Use Permit�UP12-0004 for Larry and Susen Young, in accordance with Chapter 24, Article 31, Use Permits and Minor Use Permits, of the Butte County Code on Assessor's Parcel Number 058-160-141; and WHEREAS, the Planning Commission has considered the project to be exempt from the California Environmental Quality Act (CEQA) provisions under Categorical Exemption 15301 (Class 1) Existing Facilities; and WHEREAS, said Minor Use Permit 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 March 28, 2013; and WHEREAS, the Planning Commission has considered public comments and a report from the Planning Division. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission: I. Finds that the project is categorically exempt from the California Environmental Quality Act under Categorical Exemption 15301 (Class 1) Existing Facilities . II. Finds that the collection of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is not required based on the determination the project is categorically exempt. III. Makes the following Minor Use Permit findings: A. The proposed use is allowed in the applicable zone. The project is zoned TPZ (Timber .Preserve Zone). The TPZ zone allows Agricultural Processing with a minor use permit. Agricultural Processing includes Winery Production Facilities, limited. The proposed project, with included conditions of approval, is consistent with the requirements of a Winery Production Facility, limited. B. The location, size, design, and operating characteristics of the proposed use will be compatible with the existing and future land uses in the vicinity of the subject property. The project site is zoned TPZ, which is primarily used for timber harvesting. The proposed use will not impact the potential use of the site for timber harvesting. The proposed facility will be located within existing structures. They are already growing grapes and processing into wine on site for personal use. No additional land is needed to allow for the Winery Production Facility, limited. There will be no onsite customers. The Minor ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ March 28, 2013 ■ Larry & Susen Young - MUP12-0004 Agenda Report ■ Page 7 of 13 ■ 7 Use Permit will only allow retail sales, though the internet and by phone, and wholesale sales. C. The proposed use will not be detrimental to the public health, safety, and welfare of the County. An existing winery facility is already operating on site. It is for personal use only. The Minor Use Permit will only allow retail sales, though the internet and by phone, and wholesale sales. No onsite customers are allowed. The winery facility will be required to meet wastewater requirements. The project will not be detrimental to the public health, safety, and welfare of the County. D. The proposed use is properly located within the County and adequately served by existing or planned services and infrastructure. The Minor Use Permit will not allow for onsite customers or wine tasting. As part of the retail/wholesale sales, shipping will occur. The parcel is adequately served by a county -maintained, paved public road (Concow Road). The facility will be served by individual well and wastewater system. E. The size, shape, and other physical characteristics of the subject property are adequate to ensure compatibility of the proposed use with the existing and future land uses in the vicinity of the subject property. The project site is located in a rural area with timberland and residential uses. The winery is currently operating for personal use in existing building. The facility is on a small portion of the 155 acre site. The project will not impact surrounding, or future, timber harvesting in the project area, or on the project site. F. Based on the above findings, the proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare, or injurious to properties or improvements in the vicinity. IV. The project is consistent with the following General Plan Policies: A. LU -P1.5 The County shall conserve timber resources. The project site is approximately 155 acres. The existing developed area, including a residence, vineyard and winery facility is approximately 11 acres. The Registered Professional Forester identified the project would not conflict with the growing and harvesting of commercial timber. LU -P2.2 Economic use and value of private property shall be maintained. The Minor Use Permit will allow for the owners to sell their wines both retail, though the internet and by phone, and wholesale sales. This allows the owners the economic benefit of producing wine on their property. ED -P2.1 The County shall create and support opportunities to promote and market agricultural products grown or processed within Butte County. ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ March 28, 2013 ■ Larry & Susen Young - MUP12-0004 Agenda Report ■ Page 8 of 13 ■ Vineyards are considered an agricultural use and grapes are an agricultural product. The Minor Use Permit will allow for the owners to sell their wines both retail, though the internet and by phone, and wholesale sales. Selling their wines will advertise a locally owned and operated business. ED -P2.2 The County shall encourage development of food processing and other facilities that could support production of "value-added" agricultural products from Butte County. The growing and processing of the grapes on site to make wine supports the value-added agricultural products produced in Butte County. Small scale agricultural operations are specialty operations that help promote agriculture in Butte County. AG -P4.1 The County recognizes and supports the role of small farms growing specialty products in Butte County. The growing and processing of the grapes on site to make wine supports the value-added agricultural products produced in Butte County. Small scale agricultural operations are specialty operations that help promote agriculture in Butte County. ED -P2.1 The County supports and promotes sustainable timber production. The project site is approximately 155 acres. The existing developed area, including a residence, vineyard and winery facility is approximately 11 acres. The Registered Professional Forester identified the project would not conflict with the growing and harvesting of commercial timber. B Based on the above analysis, the proposed project is consistent with the applicable General Plan Policies. V. Approves Minor Use Permit MUP12-0004 for Larry and Susen Young, subject to the findings and conditions in Exhibit "A" A. The proposed use will comply with each of the applicable provisions of Butte County Code Chapter 24, Article 24 Land Use Compatibility Standards; Article 25 Supplemental Use Regulations; and Article 31, Conditional Use Permits. Conditions of approval have been applied to this project pursuant to the applicable requirements of Butte County Code Chapter 24. The project is in accord with the purposes of the TPZ (Timber Preserve Zone) and the Butte County General Plan designation of Timber Mountain. ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ March 28, 2013 ■ Larry & Susen Young - MUP12-0004 Agenda Report's Page 9 of 13 ■ W • • DULY PASSED AND ADOPTED this 28th day of March, 2013, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mary Kennedy, Chair Planning Commission County of Butte, State of California ATTEST: Kim McMillan, Secretary Planning Commission County of Butte, State of California ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ March 28, 2013 ■ Larry & Susen Young - MUP12-0004 Agenda Report ■ Page 10 of 13 ■ 10 • EXHIBIT A MINOR USE PERMIT BUTTE COUNTY PLANNING COMMISSION • DATE: (Certified Mail Rec.) MUP12-0004 PERMIT NO. 058-160-141 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Larry and Susen Young are hereby granted a Minor Use Permit for a Winery Production Facility, limited, at an existing small winery facility, to allow retail sales, though the internet and by phone, and wholesale sales.. 1. Failure to comply with the conditions specified herein as the basis for approval of this Minor Use Permit constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Code, Chapter 24, Article 34, Section 251 Permit Revocation or Modification. 2. Unless otherwise provided for in a special condition to this Minor Use Permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this Use Permit must be established within 24 months of the delivery of the countersigned permit to the Permittee, or as provided by BCC Chapter 24, Article 34, Section 247 Time Limits and Extensions. 3. Minor changes as provided by BCC Chapter 24, Article 34, Section 26 C, may be approved administratively by the Zoning Administrator 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 Minor Use Permit has been granted is not established within two years of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. 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. ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ March 28, 2013 ■ Larry & Susen Young - MUP12-0004 Agenda Report ■ Page 11 of 13 ■ 11 • Conditions of Approval: Planning Division 1. The facility shall be licensed by State of California Department of Alcohol Beverage Control as a "Type 02, Winegrower." 2. The operator or land owner shall provide the Department of Development Services with copies of its wine production reports submitted to the Bureau of Alcohol, Tobacco and Firearms or similar agency. A "right -to -log" disclosure shall be signed by the owner/operator to the satisfaction of the Director of Development Services. The "right -to -log" disclosure shall be provided to the Department of Development Services and shall include provisions that permitted uses may be subject to inconveniences associated with timber management and harvesting, and that such operations take precedent over conditionally permitted uses. 4. Only off-site retail and wholesale sales are permitted. 5. Wine tastings and customers on site are prohibited. 6. Buildings used for the winery facility shall comply with current Building and Fire Code requirements. 7. The owner/operator shall obtain all necessary building permits for the proposed use within the existing structures. Public Works 8. Prior to establishing use, deed to Butte County in fee simple 30 feet of right-of-way from each side of the physical centerline of Concow Road along the entire property frontage. Environmental Health 9. Prior to issuance of the Minor Use Permit, applicant shall obtain from the California Regional Water Quality Control Board a Conditional Waiver of Waste Discharge for "Small Food Processors and Small Wineries within the Central Valley." (Order NO. R5- 2009-0097) or Waste Discharge Requirements. 10. Use of the existing wastewater system serving the winery production building shall be for domestic wastewater only, not winery production waste. 11. Prior to operation and annually thereafter, provide verification of potable water by submittal of results of bacteriological testing by a certified laboratory. Processing Fees 12. Prior to issuance of the Minor Use Permit, pay any outstanding project -related processing fees. County Counsel 13. 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 ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ March 28, 2013 ■ Larry & Susen Young - MUP12-0004 Agenda Report ■ Page 12 of 13 ■ 12 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 Minor Use Permit, and that I agree to abide fully by said conditions. Date: Applicant NOTE: Issuance of this Minor Use Permit does not waive requirement of obtaining Building and Health Division permits before starting construction, nor does it waive any other requirements. cc: Land Development Division Building Division Environmental Health Division Butte County Fire Department/CDF Assessors Office ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ March 28, 2013 ■ Larry & Susen Young - MUP12-0004 Agenda Report ■ Page 13 of 13 ■ 13 ' F Pea*R VICINITY MAP d Magalia ad ,Rd Or Rd /�� 3M01 VConcow on3V M�R -C stark Ln Concow ,Road l-S Paradise LO, Crei �eRtl T L - d d d o � �_ Project` Location d ' Way � Lost Rldg O v Madre de ro Pt ern/o 3 Ild ay r Ro-Ann aY n Ws Arnlgo Ln S ea s % eadwood Rd c Cf c aQgm , t,itt/o `L Jarbo Gap Tirnte �Ln 6 a u 0 Bar R 411//erPeak Rd te ach Rd mess ay Katy �0 = �aY inkston C Yon Rd gt�Way �a .2 aOS� Shy O/d D g Sky n d TobinC e Pa eOl 1 a� n� .Yankee Hill° 00i Py y Creek Rd Hill 0 0.250.5 1 1.5 2 Miles M UP 12-0004 Young 058-160-141 obb R N ....r.:,. 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Profess�on�I�Fgrester khat theypcoposed'pro}ect would�not�conflscts r` comrneccial timber from�th�s pcQperty, as the existng�struct�re _ ,_ r., qtly not occupied by commerc�aioec,e�` With the prox�mltyr;to other, uld not"be pnatsle forirvfOre statlon io:estafilish,cotnmercial'`specae„s RandoiphsVasgr�ez� y - �°fir 17 �14 !.o � �c m A f00 p E ,I01, 3tc¢3M 59 26 wl 69 32 4' r 69 15 7Q4c 67 �' 67 i5 TA4e it _ �` a358Ac t 66_775 754 i S5 70Ac � 68 �t570Ac • 71. , b4 , s � �t� +.f4 1,`K �0 25 7QAc 73 8 (20Ac; y 1 �. �y 3y 75 '4ji3SAc ** S: ,8 F : 3�7�it '� fin• y6 7l11c . °• � �' -� ` EA� 2 �l m 7dAr y tws n vt76i4c 44 °?3.2PAc 13 75 6 Q L N. 35 , i a, 1200" = i ! a: y. J 1 � N 1• 0 � s 144 S.3JAc; 3� 41 iaiiy Ib = ;�, af'ymd nMAbn"v�rvn �mq kaGwm /1! AWAF el emaar et meta ��1¢�ryaauirmemµ'�. i a 48 ` 181&Ac 1� 165 t wi County" Assessor's Mop �Baolt� Pages 16 • .�, arEven:er Ps ex�rFn:av n -s -2t700'. rtev�n<eY. -- .. ae rsEvt�n oa'rtx-r�ztwt+ ettte: mate s:Ot6OW- ' { ' __ , _ - + � t .t 111 +_. r �� • � i ' it ( � ` - a�-• -_- \ `w/1 • V � 1 ty i�V71. + . fY J, � V� ply I ='� .v � DCS �•_ =_-. _+ .,fes _ r '� �- - ^'r�,,, =rte .".• i .♦ it •� 4 � 1�' � ! r � �. � • �r� i;'',� .'\, � ;r � � r`. � �,,,`= it I ..',� - .__ •y �`,, 1, • '� �• ff f •.f'_J a' � c `� , t \,; Magnetic Declination kk_ SA N i A \. 0* -j Name: PARADISE EAST Date: 1/13/2011 Scale: 1 Inch equals 1000 feet Location: 10 0626071 E 4401704 N NAD27 Caption: 058-160-141 Sec 16 T22N R4E MDBM 4 Y - n � , p... NOred'by i n ? L.a'rry Young 12333 Conow Road � F QP # Q5$=116,0 LOW, . s r C�►>IGw x �a ,.�2333Concow : Roadake 3 K_. is � 3� �" `` �I r' r '� ^� �• , , r i North�''''�� lake :acre ff tt 1 ## 1 Paved;. Roa;d:�?CJ/J� ` 21 2 ,ft-$.toragie: 69"- 23 1-2-3-li-C-Oh .6' wi n 56 Gaitd is:;69,-:off ,of` �-,O c-, 9 w o. cid. go, "t lu-I :coffered: ,area an, House Solar Pane (s -the East =side. The dstarce- fe ir tie gate to the 20,000 Ga'I poo covrr�� � Residence :DEC -:1 2012. sLv or'M $E VIcss + A •ED o , 0 r About 1 North �� = acre lake Paved Road. -- -- Dirt Road `BU COUNT ' DEC ,1..1012 SE ACES • 11 O 7 �f Ln 1 i K � r D si c. C n d Project Site Le end 9 GP -Zoning. Zone 101212 . Q AG -160 sf° C -C F FR -10 ° FR -2 o a FR -40 © FR -5 � rtie D N -C. t Deadw od d ® P. TM TPZ L. 0 -600 1,200 2,400 3,600 4,600 .. .. .. .. .. Feet BUTTE COUNTY PLANNING COMMISSION N. Applicant: Larry & Susen Young File/Project: MUP12-0004 Owner: Larry & Susen Young APN: 058-160-141 w E S Meeting Date: March.28, 2013 General Plan/Zone: TM (Timber Mountain)/TPZ (Timber Preserve Zone) Supervisorial Request: A Minor Use Permit to allow fora Limited Winery Production Facility at an existing small winery, and to District # 1 allow retail and wholesale sales though.the internet and by phone. (ON Randolph Vasquez Forest Management -SM Feather River BW. Suite e um 110. caftmis ssM I DEC';. 2012; D_ EMLORMENT :,SERVICES' January 2% 2017 RE: Analysis of compatibility of proposed project with timber production. Gentlemen; t Property description and history, i .Parcel 05&160-1.41 located in section 16 T 22N R4E.Butte County California consists of 1.55 acres. This area was severely- approximately damage by the Concow wildfire occurring in 2008. The property contains an existing residence and out buildings and small vineyard area;, The current timber stand consists site IIT timberland with scattered residual stocking substantially } .damaged by the 2008 wildfire and.not currently considered merchantable. The soil for the site is listed asi Griffgulch-Surnuf complex a very gravely silty loam. Proposed Project The proposed project'is to sell wine from an existing agricultural facility occupying approximately' 1,190 sq feet. The proposed project is located on non timber bearing ground and within the fire�safe clearance area of the other existing structures which would discourage current use of this site (where the building foot print lies) as useable for commercial timber production, .or reforestation of the site to: commercial species for timber production. Conclusion it is my conclusion as a Registered Professional Forester that the proposed. project would not conflict_ with the growing and harvesting ofcommercial timber from this property, as the existing structure footprint is located in an area currently not occupied by commercial species. With the other s oth proximity to th structures the proposed location would_ not be suitable for reforestation to establish commerci ty to on this particular site for future timber production., c. Randolph Vasquez RPF# 1884 L t, • 4 u Onsite Domestic Wastewater Wastewater from toilets and sinks will be regulated under Butte County Code Chapter 19 Onsite Wastewater Systems. The existing system installed in 2002 includes a 1,000 gallon concrete tank and 450' of leach line permitted only to serve a two bedroom dwelling and one bedroom in the garage/shop. Production Wastewater The proposed production wastewater will be minimal and there will be no discharge of production wastewater to the soil. Best Management Practices describing how production wastes will be handled were submitted to this office, and subsequently approved by the Regional Water Quality Control Board (Regional Board). The Regional Board has requested that the applicant document production and waste volumes throughout the year and submit a report of these totals at the end of the first year of operation. Documentation of site conditions for cleanliness and proper disposal -must be obtained by an independent third -party approved by this office, and then reported back to this office in addition to the yearly production volumes. The preference is for this site monitoring to occur quarterly throughout the first year, but at a minimum, during the crush of the first year. All documentation must demonstrate that no wastewater is entering the ground. For small wineries that will generate production wastewater for discharge to the soil, the Regional Board will require a Report of Waste Discharge and then most likely provide a Conditional Waiver of Waste Discharge as stipulated in "Small Food Processors and Small Wineries Within the Central Valley." (Order NO. 115-2009-0097). This office will work with the applicant to assist them with completion of the Report of Waste Discharge and provide information so that the proposed operation will meet the requirements for attaining a Conditional Waiver. Food Service Small wineries that only display a minor amount of commercially pre-packaged food will not be required to have a Permit to Operate. Water System There needs to be an initial bacteriological test of the water system serving the winery and annual testing thereafter to assure potable water. z ADM 11-0018 041-540-005,4378 Myvalli Drive, Butte Valley • Michelena, Mark From: Michelena, Mark Sent: Monday, December -17,2012-2:23 PM To: . _ susen.young@layounginc.com . Subject: FW: Small Winery Attachments: Young Small Winery Application Costs.pdf, UsePermit_MinorUP - App.pdf Susen, I forgot to attach the. Minor Use Permit Application material. The fifth page on the application is a project description. The more detail you can provide about your winery and the processing, the better Environmental Health can assist you. Mark Mich'elena Senior Planner, Planning Division Butte County Department of Development Services 7 County Center Drive, Oroville, CA 95965 (530) 538-7376 . (530) 538-2140 Fax mmichelena0buttecountv.net "COUNTY OF BUTTE E-MAIL DISCLAIMER: This e-mail and any attachment thereto may contain private, confidential, and privileged material for the sole use of the intended recipient. Any review, copying, or distribution of this e-mail (or any attachments thereto) by other than the County of Butte or the intended recipient is strictly prohibited. If you are NOT the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this e-mail and any attachments thereto." From: Michele'na,,Mark Sent: Monday, December 17, 2012 2:1.9 PM To: 'susen.young@layounginc.com' Subject:,Small Winery Good Afternoon Susen, Thank you for returning my phone call. I do apologize about the required change in your application type (from an Administrative Permit to a Minor Use Permit). As I explained in my phone message, the change is required because your parcel is zoned. as Timber Preserve). I have attached a project checklist for a Minor Use Permit. As you can see, the first thing on the checklist is pre -application clearance with Environmental Health. I spoke with Vance Severin at Environmental. Health, and he is okay with a concurrent review, meaning we can take in the Minor Use Permit applicant prior to you completing Environmental Health pre -clearance requirements. Although he suggested you contact them so you can get an idea what they well be looking for as part of their review. His number is 538-7146. On the rest of the application checklist, you have completed #2 and #8. Please complete #3. . You can either complete #1 prior to submitting the MUP form or the EH review can be done concurrently with the processing of the application. You maybe able to complete this prior to submitting in the additional information, since the new fee schedule, does not take effect until January 20, 2013. You do not need to complete #4, #5, #9 thru #11. 1 I have attached the application fee fominor use permit under the current fee scTiedule and the proposed fee schedule (takes effect 1-20-13). We have not deposited your check, so we can use it as part of -the payment for a Minor Use Permit, or it can be returned to you and you cansubmit in anew check: Please let us know what you would like to do and if you have any questions. Thank you so much. ; Sincerely, Mark Michelena Senior Planner, Planning. Division Butte County Department of Development Services 7 County Center Drive, Oroville, CA 95965 (530)5 ' 38-7376 (530) 58-2140 Fax mmichelena@buttecounty.net "COUNTY OF BUTTE E-MAIL DISCLAIMER: This e-mail and any attachment thereto may contain private, confidential, and privileged material for the sole use of the intended recipient. Any review, copying, or distribution of this e-mail (or any attachments thereto) by other than the County of Butte or the intended recipient is strictly prohibited. If you are NOT the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this e-mail and any attachments.thereto." Thistlethwaite, Charles From: Breedon, Dan Sent: Wednesday, August 10, 20119:21 AM To: larry.young@layounginc.com; susen.young@layounginc.com; Snellings, Tim Cc: Calarco, Pete; Thistlethwaite, Charles Subject: RE: Draft of General Plan Larry, Under the Second Draft Zoning Ordinance (July 8, 2011), a Minor Home Occupation would be the way to permit Internet Sales (see section 24-159 of the Second Draft, and the Definition of a Minor Home Occupation, copied below). Minor Home occupations would be subject to an Administrative Permit, which is the simplest sort of permit under our zoning ordinance. An administrative permit is non -discretionary, meaning it is issued without going through a decision process. A Zoning Administrator formally takes action on the Administrative Permit, and as long as the proposed use conforms to a Minor Home Occupation (see code section below), it is issued. No public hearing or noticing takes place. We do not have a fee established for this process yet, since it is still in draft form, but this would be a nominal fee (sorry I cannot be more specific at this time). Hope this is helpful. Let me know if you should have any further questions. 24-159 Home Occupations A. Types of Home Occupations. I. Minor Home Occupations. A minor home occupation is defined as a home occupation that meet all of the following criteria: a. The home occupation is conducted entirely within the dwelling unit. b. The home occupation has no employees other than the residents of the dwelling unit. c. The home occupation does not involve regular visits from customers or clients. d. No vehicles, except for those that would ordinarily be located at a place of residence, are based on the premises in conjunction with the home occupation. e. The home occupation does not generate dust, odors, noise, vibration, or electrical interference or fluctuation. 2. Major Home Occupations. A major home occupation is defined as a home occupation that does not. meet the criteria for minor home occupations provided in Subsection 1(Minor Home Occupations) above. B. Permit Required. 1. Minor Home Occupations. The establishment of a minor home occupation requires the approval of an Administrative Permit. 2. Major Home Occupations. The establishment of a major home occupation requires the approval of a Minor Use Permit. C. Standards. All home occupations shall comply with the following standards: 1. Relationship to Dwelling Unit. The home occupation shall be clearly incidental and subordinate to the primary residential use of the dwelling unit. 2. Outdoor Storage Prohibited. Goods and materials associated with a home occupation shall be stored within an enclosed structure. The storage of flammable, combustible, or explosive materials shall be prohibited. 3. Vehicles. Trucks or vans with a manufacturer's gross weight of 10,000 pounds or more shall not be parked on or in front of the site of a home occupation, unless otherwise permitted under this chapter. 4. Performance Standards. Home occupations shall not generate dust, odors, noise, vibration, or electrical interference or fluctuation that is perceptible beyond the property line. 5. Deliveries. Deliveries and pick-ups for home occupations shall not exceed the volume normally associated with residential uses, shall not interfere with vehicle.circulation, and shall occur only between 8:00 a.m. and 8:00 p.m., Monday through Saturday. 6. Size. Home occupations located within a dwelling unit shall not occupy more than 25 percent of the gross floor area of the dwelling unit. 7. Employees. Employees of a home occupation shall be limited to the persons residing in the dwelling unit plus a maximum of two additional persons. 8. Clients. Not more than six clients per day are permitted to visit a home occupation. Hours for visits shall be between 8:00 a.m. and 8:00 p.m. 9. Signs. One single, non -illuminated wall -mounted sign of not more than 6 square feet in area is permitted. 10. Building Code. Home occupations shall comply with accessibility requirements of the California Building Code. D. Suspension of Permit. The Zoning Administrator may suspend the approval of a home occupation if any of the following applies: 1. The home occupation has become detrimental to public health, safety, welfare, or character of a neighborhood, or constitutes a hazard or nuisance to pedestrian or vehicular circulation or parking; 2. The home occupation does not commence within one year of approval; or 3. The home occupation ceases for a period greater than six months. Home Occupation, Minor. A home occupation that meets the criteria for a minor home occupation in Section 24-159.A.1 (Minor Home Occupations). Examples of minor home occupations include home offices for accountants, architects, one- on-one instruction such as tutoring and music lessons, computer programmers, engineers and other similar professions; art studios; telephone sales and surveys; and domestic services, including laundry, ironing, and sewing. Dan Breedon, AICP, Principal Planner Butte County General Plan 2030 1 www.buttegeneralplan.net Butte County Department of Development Services 7 County Center Drive, Oroville, CA 95965 Ph. 530.538.7629 1 email: dbreedon@buttecounty.net DISCLAIMER: This e-mail and any attachment thereto may contain private, confidential, and privileged material for the sole use of the' intended recipient. Any review, copying, or distribution of this e-mail (or any attachments thereto) by other than the County of Butte or the intended recipient is strictly prohibited. If you are NOT the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this e-mail and any attachments thereto. From: Larry Young[mailto:larry.young@layounginc.com] Sent: Tuesday, August 09, 20117:24 PM To: susen.young@layounginc.com; Snellings, Tim Cc: Breedon, Dan; Calarco, Pete; Thistlethwaite, Charles; larry.young@layounginc.com Subject: RE: Draft of General Plan Hi Tim, I don't think I ever saw a reply on this. So can we sell wine retail via Internet? Thanks, P� � i '12333 Concow Road Oroville, CA 95965 http://www.layounginc.com (530) 532-4718 (Office) (530) 370-1533 (Mobile) From: Susen Young [mailto:susen.young@layounginc.com] Sent: Thursday, July 21, 20116:03 PM To: 'Snellings, Tim'; larry.young@layounginc.com Cc: 'Breedon, Dan'; 'Calarco, Pete'; 'Thistlethwaite, Charles'; larry.young@layounginc.com Subject: RE: Draft of General Plan Hi Tim, Were you able to get any kind of information on the sales issue? Also, when is the next public meeting? Thanks! �iu�erZ ��acon I 12333 Concow Road Oroviille, CA 95965-8022 http://www.layounginc.com (530) 5324718 (Office) (530) 521-7483 (Mobile) From: Snellings, Tim [mailto:TSnellings@buttecounty.net] Sent: Monday, July 11, 20118:56 PM To: larry.young@layounginc.com; susen.young@layounginc.com Cc: Breedon, Dan; Calarco, Pete; Thistlethwaite, Charles; larry.young@layounginc.com Subject: RE: Draft of General Plan Larry: I don't think we've really addressed internet sales too much in the Ordinance. Let me talk it over with my staff and we'll get back to you later. Take care, Tim Tim Snellings, Director County of Butte Department of Development Services 7 County Center Drive Oroville, CA 95965 530-538-6821(direct) How Are We Doing? Please tell us at http://www.surveymonkey.com/s/MWLJGV8 g NM.W From: Larry Young [mailto:larry.young@layounginc.com] Sent: Mon 7/11/20118:30 PM To: Snellings, Tim; susen.young@layounginc.com Cc: Breedon, Dan; Calan, Pete; Thistlethwaite, Charles; larry.young@layounginc.com Subject: RE: Draft of General Plan Hi Tim, Thanks for all of the great work -on the general plan. I've.�reviewed the items you mentioned below & it raises a question in my mind. The definitions on page 333 state: Winery Production Facility, limited. A facility that grows and harvests grapes for the on-site production of wine where retail sales and public wine tasting is not permitted. We are not looking to have people over for wine tasting, but we are hoping to sell retail at bridal fairs and through the Internet. Will this type of retail sales be permitted based upon this definition? Thanks, 12333 Concow Road Oroville, CA 95965 http://www.layounginc.com (530) 532-4718 (Office) (530) 370-1533 (Mobile) From: Snellings, Tim [mailto:TSnellings@buttecounty.net] Sent: Monday, July 11, 20114:27 PM To: susen.young@layounginc.com Cc: larry.young@layounginc.com; Breedon, Dan; Calarco, Pete; Thistlethwaite, Charles Subject: RE: Draft of General Plan Hi Larry and Susen:. Sure, if you go to http://www.buffegeneralplan.net/products/2011-07-08 Draft 2 ZO/default asp and open Part 2 - Zoning Districts, Land Uses, and Development Standards. and scroll to Article 5, Natural Resource Zones (page 12 of this section, page number 26 and 27), you'll see the definition of the TPZ on page 26 and the Table on page 27 shows that in the Agricultural Processing (first row of the table) in the TPZ, a M (Minor Use Permit) is required for this use. Then you ask, what is "Agricultural Processing". You'll need to go to page 332 in the definitions. Part 7 - Definitions) and look up the definition of Agricultural Processing AND "Winery Production Facility, limited" (p333). You'll see that this is for a winery that grows and harvests grapes but does not have retail sales or wine tasting. It's kind of an odd way to get there, but if this language is approved, we will be able to process your Application for a Minor Use Permit for your proposed Winery. If you have any other questions or would like to walk through this with me, feel free to give me a call ... take care, Tim Tim Snellings, Director County of Butte Department of Development Services 7 County Center Drive Oroville, CA 95965 530-538-6821 (direct) How Are We Doing? Please -tell us at Ii tp://www.surveymonkev:com/s/MWUGV8 �1C8�I,f�OI�, f h5."af .^fi .tR`favfF4'Y kn'.=�. 2h. From: Susen Young [mailto:susen.young@layounginc.com] Sent: Monday, July 11, 20114:16 PM To: Snellings, Tim Cc: larry.young@layounginc.com Subject: Draft of General Plan. Hi Tim, I just went onto the website to look at the revised draft of the Butte County 2030 General Plan. Can you help me find the section that would help Larry and I be able. to obtain a permit to sell wine from our storage warehouse located in the TPZ? Thanks, 12333 Concow Road Oroville, CA 95965-8022 http://www.layounginc.com (530) 5324718 (Office) (530) 521-7483 (Mobile) From: Snellings, Tim [mailto:TSnellings@buttecounty.net] Sent: Thursday, April 21, 20113:58 PM To: susen.young@layounginc.com Subject: RE: board of supervisors meeting location Susen: You might want to bring 7 copies of your letter to give to The Clerk even though you've sent it to us. You could submit it during public comment, recognizing that you will have opportunity again at the Planning Commission to express your requests and again at future Board meetings when we get into the text in detail... rather than a few Policy questions next Tuesday. See you next week, Take care, Tim Tim Snellings, Director County of Butte Department of Development Services 7 County Center Drive Oroville, CA 95965 530-538-6821 (direct) "From: Susen Young [mailto:susen.young@layounginc.com] Sent: Thursday, April 21, 2011 2:48`PM To: Snellings, Tim Subject: RE: board of supervisors meeting location Thank you. Can you think of anything we need to bring with us? A... 12333 Concow Road Oroville, CA 95965-8022 http://www.layounginc.com (530) 5324718 (Office) (530) 521-7483 (Mobile) From: Snellings, Tim [mailto:TSnellings@buttecounty.net] Sent: Wednesday, April 20, 20118:35 AM To: susen.young@layounginc.com Subject: RE: board of supervisors meeting location Hi Susen: It's in the Board of Supervisors Chambers, located at 25 County Center Drive in Oroville. You can see a map here: http://maps.google.com/maps?f=g&source=sg&hl=en&geocode=&q=25+county+center+drive +oroville +ca&sll=37 0625 95.677068&sspn=35.357014.56.513672&ie=UTF8&hq=&hnear-25+County+Center+Dr.+Oroville +California+95965&t=h &z=16 Take care and see you Tuesday at 1 pm. Tim From: Susen Young [mailto:susen.young@layounginc.com] Sent: Tue 4/19/20118:36 PM To: Snellings, Tim Subject: board of supervisors meeting location Hi Tim, I forgot to ask you, where is the meeting that will be held on Tuesday 4/26? Thanks, �u6e�Z �aron 12333 Concow Road Oroville, CA 95965-8022 http://www.lavouneinc.com (530) 5324718 (Office) (530) 521-7483 (Mobile) • • Environmental Health should review and comment on Small Winery Use Permit Applications. Onsite Domestic Wastewater Wastewater from toilets and sinks will be regulated under Butte County Code Chapter 19 Onsite Wastewater Systems. Production Wastewater For small wineries where production waste will be minimal and there will be no discharge of production wastewater to the soil, our office will ask the applicant for written Best Management Practices describing how production wastes will be handled. These BPMs will be shared with the Regional Water Quality Control Board (Regional Board) for their review and determination. The Regional Board will likely require a report after one year's operation. For small wineries that will generate production wastewater for discharge to the soil, the Regional Board will require a Report of Waste Discharge and then most likely provide a Conditional Waiver of Waste Discharge as stipulated in "Small Food Processors and Small Wineries Within the Central Valley." (Order NO. RS -2009-0097). This office will work with the applicant to assist them with completion of the Report of Waste Discharge and provide information so that the proposed operation will meet the requirements for attaining a Conditional Waiver. Food Service Small wineries that will prepare and/or serve food to the public (other than events where food is provided by a licensed caterer) in conjunction with the operation of the winery will need to provide our office with facility construction plans for approval prior to issuance of the building permit and will be regulated under the California Retail Food Code and have a valid Permit to Operate issued by this office. Small wineries that only display a minor amount of commercially pre-packaged food will not be required to have a Permit to Operate. . Water System Water systems serving small wineries where food will be prepared and/or served to the public in conjunction with the operation of the winery will be regulated as a Code (aka CURFFL) water system requiring quarterly bacterial testing, annual nitrate testing, and annual inspection by this office (typically performed by the staff person inspecting the food service operation in a combined inspection). Small wineries that only display a minor amount of commercially pre-packaged food will not be regulated, but our office will stipulate when possible in the discretionary land use permitting process and as a condition for building permit clearance that there needs to be an initial bacteriological test of the water and annual testing thereafter to assure potable water. Environmental Health should review and comment on Small Winery Use Permit Applications. Onsite Domestic Wastewater Wastewater from toilets and sinks will be regulated under Butte County Code Chapter 19 Onsite Wastewater Systems. Production Wastewater For small wineries where production waste will be minimal and there will be no discharge of production wastewater to the soil, our office will ask the applicant for written Best Management Practices describing how production wastes will be handled. These BPMs will be shared with the Regional Water Quality Control Board (Regional Board) for their review and determination. The Regional Board will likely require a report after one year's operation. For small wineries that will generate production wastewater for discharge to the soil, the Regional Board will require a Report of Waste Discharge and then most likely provide a Conditional Waiver of Waste Discharge as stipulated in "Small Food Processors and Small Wineries Within the Central Valley." (Order NO. 115-2009-0097). This office will work with the applicant to assist them with completion of the Report of Waste Discharge and provide information so that the proposed operation will meet the requirements for attaining a Conditional Waiver. Food Service Small wineries that will prepare and/or serve food to the public (other than events where food is provided by a licensed caterer) in conjunction with the operation of the winery will need to provide our office with facility construction plans for approval prior to issuance of the building permit and will be regulated under the California Retail Food Code and have a valid Permit to Operate issued by this office. Small wineries that only display a minor amount of commercially pre-packaged food will not be required to have a Permit to Operate. Water System Water systems serving small wineries where food will be prepared and/or served to the public in conjunction with the operation of the winery will be regulated as a Code (aka CURFFL) water system requiring quarterly bacterial testing, annual nitrate testing, and annual inspection by this office (typically performed by the staff person inspecting the food service operation in a combined inspection). Small wineries that only display a minor amount of commercially pre-packaged food will not be regulated, but our office will stipulate when possible in the discretionary land use permitting process and as a condition for building permit clearance that there needs to be an initial bacteriological test of the water and annual testing thereafter to assure potable water. • 0 Onsite Domestic Wastewater Wastewater from toilets and sinks will be regulated under Butte County Code Chapter 19 Onsite Wastewater Systems. The existing system installed in 2002 includes a 1,000 gallon concrete tank and 450' of leach line permitted only to serve a two bedroom dwelling and one bedroom in the garage/shop. Production Wastewater The proposed production wastewater will be minimal and there will be no discharge of production wastewater to the soil. Best Management Practices describing how production wastes will be handled were submitted to this office, and subsequently approved by the Regional Water Quality Control Board (Regional Board). The Regional Board has requested that the applicant document production and waste volumes throughout the year and submit a report of these totals at the end of the first year of operation. Documentation of site conditions for cleanliness and proper disposal must be obtained by an independent third -party approved by this office, and then reported back to this office in addition to the yearly production volumes. The preference is for this site monitoring to occur quarterly throughout the first year, but at a minimum, during the crush of the first year. All documentation must demonstrate that no wastewater is entering the ground. For small wineries that will generate production wastewater for discharge to the soil, the Regional Board will require a Report of Waste Discharge and then most likely provide a Conditional Waiver of Waste Discharge as stipulated in "Small Food Processors and Small Wineries Within the Central Valley." (Order NO. 115-2009-0097). This office will work with the applicant to assist them with completion of the Report of Waste Discharge and provide information so that the proposed operation will meet the requirements for attaining a Conditional Waiver. Food Service Small wineries that only display a minor amount of commercially pre-packaged food will not be required to have a Permit to Operate. Water System There needs to be an initial bacteriological test of the water system serving the winery and annual testing thereafter to assure potable water. ADM 11-0018 041-540-005,4378 Myvalli Drive, Butte Valley Environmental Health should review and comment on Small Winery Use Permit Applications. Onsite Domestic Wastewater Wastewater from toilets and sinks will be regulated under Butte County Code Chapter 19 Onsite Wastewater Systems. Production Wastewater For small wineries where production waste will be minimal and there will be no discharge of production wastewater to the soil, our office will ask the applicant for written Best Management Practices describing how production wastes will be handled. These RPMs will be shared with the Regional Water Quality Control Board (Regional Board) for their review and determination. The Regional Board will likely require a report after one year's operation. For small wineries that will generate production wastewater for discharge to the soil, the Regional Board will require a Report of Waste Discharge and then most likely provide a Conditional Waiver of Waste Discharge as stipulated in "Small Food Processors and Small Wineries Within the Central Valley." (Order NO. 115-2009-0097). This office will work with the applicant to assist them with completion of the Report of Waste Discharge and provide information so that the proposed operation will meet the requirements for attaining a Conditional Waiver. Food Service Small wineries that will prepare and/or serve food to the public (other than events where food is provided by a licensed caterer) in conjunction with the operation of the winery will need to provide our office with facility construction plans for approval prior to issuance of the building permit and will be regulated under the California Retail Food Code and have a valid Permit to Operate issued by this office. Small wineries that only display a minor amount of commercially pre-packaged food will not be required to have a Permit to Operate. Water System Water systems serving small wineries where food will be prepared and/or served to the public in conjunction with the operation of the winery will be regulated as a Code (aka CURFFL) water system requiring quarterly bacterial testing, annual nitrate testing, and annual inspection by this office (typically performed by the staff person inspecting the food service operation in a combined inspection). Small wineries that only display a minor amount of commercially pre-packaged food will not be regulated, but our office will stipulate when possible in the discretionary land use permitting process and as a condition for building permit clearance that there needs to be an initial bacteriological test of the water and annual testing thereafter to assure potable water. Onsite Domestic Wastewater Wastewater from toilets and sinks will be regulated under Butte County Code Chapter 19 Onsite Wastewater Systems. The existing system installed in 2002 includes a 1,000 gallon concrete tank and 450' of leach line permitted only to serve a two bedroom dwelling and one bedroom in the garage/shop. Production Wastewater The proposed production wastewater will be minimal and there will be no discharge of production wastewater to the soil. Best Management'Practices describing how production wastes will be handled were submitted to this office, and subsequently approved by the Regional Water Quality Control Board (Regional Board). The Regional Board has requested that the applicant document production and waste volumes throughout the year and submit a report of these totals at the end of the first year of operation. Documentation of site conditions for cleanliness and proper disposal must be obtained by an independent third -party approved by this office, and then reported back to this office in addition to the yearly production volumes. The preference is for this site monitoring to occur quarterly throughout the first year, but at a minimum, during the crush of the first year. All documentation must demonstrate that no wastewater is entering the ground. For small wineries that will generate production wastewater for discharge to the soil, the Regional Board will require a Report of Waste Discharge and then most likely provide a Conditional Waiver of Waste Discharge as stipulated in "Small Food Processors and Small Wineries Within the Central Valley." (Order NO. R5-2009-0097). This office will work with the applicant to assist them with completion of the Report of Waste Discharge and provide information so that,the proposed operation will meet the requirements for attaining a Conditional Waiver. Food Service Small wineries that only display a minor amount of commercially pre-packaged food will not be required to have a Permit to Operate. Water System There needs to bean initial bacteriological test of the water system serving the winery and annual testing thereafter to assure potable water. ADM 11-0018 041-540-005,4378 Myvalli Drive, Butte Valley k -Ai.- BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Butte County Planning Commission will hold a public hearing to consider an application for Minor Use Permit MUP12-0004 (Young) on March 28, 2013, at 9:00 a.m. or shortly thereafter, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California as follows: Proiect Information: Project: MUP12-0004 (Larry & Susen Young) Location: The parcel is located at 12333 Concow Road, Concow APN: 058-160-141 Proposal: An application for a Minor Use Permit for a Limited Winery Production Facility. The applicants currently grow, harvest and have on-site production of wine facility (Sierra Terraces Vineyard) for personal use. They are requesting the minor use permit to allow the existing operation and for off-site retail (i.e. Internet and phone sales) and wholesale sales only. In accordance with the California Environmental Quality Act (CEQA), Butte County has determined the request to be categorically exempt from under Section 15301 of the CEQA Guidelines (Class 1 — Existing Facilities). The above mentioned application is on file and available for public viewing at the Butte County Department of Development Services, 7 County Center Drive, Oroville, CA 95965. For information, please contact Senior Planner Mark Michelena, Butte County Development Services Department, Planning Division at (530) 538-7376 or mmichelenanabuttecounty.net. Comments may be submitted in writing at any time prior to the hearing or orally at the meeting listed above or as may be continued to a later date. If you challenge any of 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 TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES Owner Owner—Add CityStZIP ANDERSON FAMILY TRUST ESTATE P 0 BOX 4041 OROVILLE CA 95965 BAKER ROBERT & PATRICIA A 3540 STONE MTN RD OROVILLE CA 95965 BUEGHLY TRACY & JEFF 2400 STOKEWOOD WAY RANCHO CORDOVA CA 95670 DISMANG CHARLES 31 LINDIA CT FENTON MO 63026 GORE SHAWN 20 BETSEY WAY CHICO CA 95928 GREGORY HEIDI SS 9462 GERKE STREET CHICO CA 95928 HALL RICHARD PO BOX 2977 PARADISE CA 95967 HEFFERNAN SUSAN 11826 HWY 70 YANKEE HILL CA 95965 HENRY GARY ARTHUR 3805 ANTELOPE RD WHITE CITY OR 97503 HEYDEN JOHN I & MONICA L PO BOX 4132 YANKEE HILL CA 95965 HORST DONALD L & JENNIFER B JT 12218 CONCOW RD YANKEE HILL CA 95965 JAMIESON LENORA M 570 BILLE RD PARADISE CA 95969 KEESLING FAMILY TRUST 6186 KILGORD CT MAGALIA CA 95954 LENTZ JAMES E ETAL 12220 CONCOW ROAD OROVILLE CA 95965 LIVELY JOAN R & GERALD L PO BOX 4179 OROVILLE CA 95965 LUKE JANEL ETAL 1249 W UNDO AVE CHICO CA 95926 MCCLANAHAN ROBERT T LIVING TRUST ESTATE 4425 BART GIFFIN RD MARYVILLE TN 37803 NIMZ CLIFFORD E SEPARATE TRUST 11450 COOTER TERR OROVILLE CA 95965 RUSSELL RICHARD L & DIANA 501 HIDALGO DR BAKERSFIELD CA 93314 SMITH JANET D 1440 LAUREN DR PETALUMA CA 95954 SMITH JOSEPH D & JANET D 1440 LAUREN DR PETALUMA CA 94954 TEETER DAVID M 3520 CRAINE RIDGE ROAD OROVILLE CA 95965 THERMALITO WATER & SEWER DISTRICT 410 GRAND AVE OROVILLE CA 95965 THOMPSON W & C FAMILY TRUST 9343 E STOCKTON BLVD ELK GROVE CA 95624 WYNNE TERI LYNN PO BOX 4041 OROVILLE CA 95965 n U • /At ATv it Rd 1233.3 Concow Road 69 Gate is 69' off of Ag Storage Concow Road. r 25$' 56, Winery 40' 35' I Winery building is about E 34'5'x21'3"With -a Pump 200x21' covered area on House' Solar Panels. 1, the 'East side. The distance from the gate to-the Ag Storage covered.area'is 255'. ' i 506' _ 82' 20,000 Gal pool North GOIIrP!",Y .� Residence ,DEC r I "M2; �EItVIC�.5E1 Buildings to Solar Panels Prepared by: .Larry Young Concow Estate Inc. 12333 Concow Road Oroville, CA 95965 (530) 532-4718` AP # 058-160441-000 12333 Concow Road About 1. I�Inrt� 460-' DEC jT=,7,