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HomeMy WebLinkAboutMUP 13-0006s Butte County Departs, t of Development Services- VTTF 4 UTTE o E CALARCO, ASSISTANT DIRECTOR TIM SNELLINGS, DIRECTOR P 'TCOUNTY ✓�, O ,; , o 7 County Center Drive ; .. - Oroville, CA 95965 DEC — 3 2013 (530) 538-7601 Telephone o ':s , a . c (530) 538-7785 Facsimile DEVELOPMENT L+OjJN,�•, PROJECT INFORMATION pro lect # APPLICANT'S NAME: (If a plicant is different from o ner an affi avit is required.) Y ASSESSOR'S PARCEL NUMBER: �4 o S� E v� 06 - 190 _ lot ADDRESS: STREET, CITY, STATE, & ZIP CODE 65 pu_ rl w6s 02i(T IIIA AI-I'A C/q `1S9s TELEPHONE: ( so ) Z.Z*- 9 50 E-MAIL: KLC- M C -;q(2 YAyo0. Cavi FAX: ( ) - OWNER'S NAME: 5/4 M L' AS 1f Av4-1 G9 N T TELEPHONE: (S 3c) Z. Z B- ` A 7 ADDRESS: STREET, CITY, STATE, & ZIP CODE: ' PROPERTY INFORMATION i NAME OF PROPOSED PROJj;CT (if any) SITE SIZE (in square feet or acres) 170, 5.1= M U Z LOCATION OF PROJECT (major crosg streets and address, if any) C4 4S y ZONE �-5 GENERAL PLAN EXISTING LAND USE PROPOSE6 LAND USE EXISTING STRUCTURESS (square feet) S76 PROPOSED STRUCTURES ( square feet) UNDER WILLIAMSON ACT CONTRACT SffvP Rel• 1 Ce NUNR ❑ Yes No (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED (Check One) PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER PROPERTY IS OR PROPOSED TO BE ON SEPTIC ❑ PROPERTY IS OR PROPOSED TO BE ON WELL WATER APPLICATION TYPE ❑ ADMINISTRATIVE PERMIT ❑ TENTATIVE SUBDIVISION MAP ❑ LEGAL LOT DETERMINATION ❑ TENTATIVE PARCEL MAP ❑ USE PERMIT ❑ WAIVER OF PARCEL MAP MINOR USE PERMIT ❑ CERTIFICATE OF CORRECTION ❑ COMMUNICATIONS FACILITY UP/MUP ❑ REZONE ❑ VARIANCE ❑ GENERAL PLAN AMENDMENT ❑ MINOR VARIANCE ❑ MINING AND RECLAMATION PLAN ❑ LOT LINE ADJUSTMENT ❑ DEVELOPMENT AGREEMENT ❑ CERTIFICATE OF MERGER ❑ OTHER PROJECT DESCRIPTION FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. If this application is for a land division, describe the number and size of parcels.) r+ 41:1-404 I F!? OWNER CERTIFICATION I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER, I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND ACCURATE. (If an agent is to be authorized, execute an affidavit of authorization and include the affidavit with this application.) DATE: �—O3" 2�'I� SIGNATURE: Aai*'\ k�Bti� 0 Aaron Klemenok 6585 Tall Pines Drive Magalia, California 95954 APN: 065-190-101 Definitions: BATFE: Bureau of Alcohol Tobacco Firearms and Explosives SED: Special Explosives Device DOT: Department of Transportation Intentions: This minor use permit will be used to produce a few components for SierraBlaster LLC in an existing detached shop at the noted address. End Product Description: The SierraBlasterTM is a rock breaking technology that uses the rapid expansion of gasses to split rocks. The Low Explosive component is known as the 375 Magnum CartridgeTM and the 375 Booster ChargeTM. Through carful evaluation the BATFE has determined that the 375 Magnum Cartridge and the 375 Booster Charge present no public safety hazard and have given the aforementioned cartridge and booster an SED status. The DOT has given the cartridge and booster a 1.4s rating. Equipment Used: Drill Press Miter Saw Soldering Iron Wire Cutters Arbor Press Screwdriver Automated Assembly System Materials Considered a Hazard: Flammable Solid - Class 1.4s Storage of Flammable Solid: The flammable Solid is in granular form and will be stored in compliance with Federal, State, and Local law as governed by the BATFE, Fire Marshal, Sheriff, and Development Services. The Flammable Solid for assembly will be kept in an approved indoor class IV storage magazine and will not exceed 50lbs in quantity. Note: In California any non restricted person can purchase and store up to 20lbs in a residence without alerting anybody. Other Materials Used: Plastic Pipe Plastic Tubing Wire Hot Glue Solder (low quantity manual application in small dabs) Items Produced by Assembly- Propellent ssemblesPropellent Based Rock Breaking Cartridges and Boosters Electrical Distribution Box Electrical Trigger System Electrical Cables Processes: Cartridges: Cutting of plastic tube and wire, attaching inert initiator, placing wire into plastic tube, filling with propellent, glueing to plug. (To be done with automated assistance) Electrical Distribution Box: Cutting plastic pipe, drilling holes in plastic cap, cutting wires, soldering electrical connectors, fill interior with solids, glueing caps on pipe. Electrical Trigger System: Cutting plastic pipe, drilling holes in plastic caps, cutting wires, soldering electrical connectors, glueing caps on pipe. Electrical Cable: Attaching plugs to each end of a cable. Notes: 1. No customers on site. 2. No excessive deliveries/traffic. 3. No excessive noise will be generated. Date: 12/12/13 Drawn:AK MINOR USE PERMIT APN: 065-110-101 11 AARON AND JANELLE KLEMENOK 6565 TALL PINES OR. MAOALIA GA Q5g54 AARON KLEMENOK OWNER CELL: (530) 228-9567 i INHABITED BUILDING. 132.00' PROPERTY LINE - - - - - - - - - - - - I . o Y 01-05EST INHABITED BUILDING. Lu a- RESIDENCE I TOOL SHED I 39'-3" SHOP CLOSEST HIGHWAY AS DEFINED UNDER TITLE 21 GFR 555 SUBPART B - DEFINITIONS 15' RIGHT OF WAY TALL PINES OR (DEAD. END,6RAVEL DRIVE) - 132.00' PROPERTY LINE DEC 13 2013 DEVELOPMENT SERVICES I I I I 513 CA PINES I MAGAZINE RAILWAY z NEXT CLOSEST INHABITED BUILDING. Date: 12/12/13 Drawn: AK ATF -PLAT PLAN fOR: SIERRABLASTER LLG 6585 TALL PISS DR MA6ALIA GA 95954 FLAT PLAN SCALE: NONE AARON XLEMENOK PRESIDENT: SIERRABLASTER LLC CELL: (530) 228-9567 I BUTTE COUNTY DEC 13 2013 DEVELOPMENT SERVICES (E) 4030 SL. (E) 4030 SL. I/ El LOCKABLE STORAGE VAULT / I/ (E) 5LA6 II ' 5TOR. (E) 2466 E ' TH (E) 6'4 C LG (E) VIN"L n w o0 E) 5 H D (E) GONG. PATIO (E) 2666 L 7 � 0 1 1 (E) 4030 5L. x11111zz,�//�� USE PERMITIAREA lln S.F. MAX. I (E) WORKSHOP I (E) VAULT (E) SLAB I FLOOR FLAN SCALE: 1/4" = 1'-0" (E) SHOP: 576 S.F. (E) CONDITIONED RESIDENCE: 166 S.F. (SEE SITE PLAN Date: 12/12/13 Drawn:AK ff w (E) GOV0 ENTRY MINOR USE PERMIT APN: 065-Ia0-101 AARON AND JANELLE KLEMENOK , 6565 TAU. PINES DR. MA&ALIA GA g5g54 AARON KLEMENOK OWNER CELL: (530) 228-9567 ■ 132.00' o ui I� ! I� (E) 00'-0" Drawn: AK J J 13 B U to - COUNTY DEC - 3 1013 DEVELOPMENT SERVICES r USE PERMIT AREA.. it 7—A 0 i m +1 APROX. LOCATION OF (E) SEPTIC SYSTEM. �I U7 I I N 35' 55L. 15' RIgHT OF WAY 0 TALL PINES OR 132.00' SCALE: 20'-0" = I" MINOR USE PERMIT APN: 065-190-101 AARON AND JANELLE KLEMENOK 6565 TALL PINES OR. MA&ALIA CA gM54 AARON KLEMENOK OWNER CELL: (530) 228-9567 : BUTTE COUNTY DEC - 3 2013 IIDEVELOPMEN ! SEYZVTCES FLOOR PLAN SCALE.. 1/4" = 1'-0" Date: 12/2/15 Drawn: AK (E) 5HOP: 516 5.P. (E) COVERED PORCH: 44 5.P. (E) CONC. PATIO: 82 5.F. MINOR USE PERMIT APN: 065-I90-101 AARON AND JANELLE KLEMENOK 6585 TALL PINES M MA&ALIA GA 95854 AARON KLEMENOK OWNER CELL: (530) 228-9567 - e Hickel, Rowland From: Aaron Klemenok <aklemenok@yahoo.com> Sent: Monday, November 09, 2015 10:02 AM To: Hickel, Rowland Subject: Re: Butte County Mr. Rowland Hickel, I am withdrawing my application designated MUP13-0006. Aaron Klemenok > On Nov 9, 2015, at 8:57 AM, Hickel, Rowland <rhickel@buttecounty.net> wrote: > > Hi Aaron, > I'm just following-up to see if you could send me a quick email that explains you are withdrawing your application, MUP13-0006. Thanks > Rowland Hickel > Senior Planner - Butte County > Department of Development Services > 7 County Center Drive > Oroville, CA 95965 > (530) 538-7150 - Phone > (530) 538-7785 - Fax > rhickel@buttecounty.net<mailto:rhickel@buttecounty.net> > http://usharebuttecounty.net/filedrop/rhickel@buttecounty.net > <winmail.dat> 1 Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Office (530) 538-7785 Fax www.buttecounty.net www.buttegeneralalan.net MEMORANDUM TO: Honorable Chair and Planning Commission FROM: Rowland Hickel, Senior Planner SUBJECT: MUP13-0006 (Klemenok, Aaron) —Proposed Light Assembly Major Home Occupation, 6585 Tall Pines Drive, Magalia (APN 065-190-101) DATE: February 27, 2014 Background: An application for a Minor Use Permit was submitted to Butte County to establish a light assembly business at the. applicant's residence located at 6585 Tall Pines Drive, in the community of Magalia (see attached Site Plan and Vicinity Map); The proposed business includes producing small blasting systems that are typically used for breaking large rocks into smaller, more manageable pieces. These blasting systems consist of a propellant -based, low explosive, blasting cartridge, an electrical distribution box, electrical trigger system, electrical cables, and drill bits that are assembled into a kit and shipped to customers. The activities associated with this proposed business involve: • Assembling plastic tubes, wiring, propellant, and an inert initiator to produce the blasting cartridges; • Sewing straps to a textile bag to produce the kit packaging; • Indoor storage of up to 50 lbs of propellant (as a flammable solid) used in the blasting cartridges; and • Indoor storage of the materials and tools used in the assembly process. Assembly of this product uses typical home-based tools, such as a drill press, miter saw, soldering iron and a hot glue gun. Storage of the propellant and the blasting cartridges would be in accordance with State and Federal regulations. W Analysis: The proposed home occupation use is classified as a Major Home Occupation, pursuant to BCC §24-162. As such, the proposed use requires approval of a Minor Use Permit, and is subject to the standards outlined in the zoning code for a home occupation (see attachment). Among these standards is § 24-162(C.)(.2) which provides as follows: 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. Upon review of the application by County staff, it was, determined that the proposed storage of the flammable solid would be in conflict with Section C.2: As a result, staff is unable to support approval of the project. The applicant has expressed. his desire to obtain the Minor Use Permit to conduct the business at his residence, if feasible to do so. Development'Services staff is reviewing potential clarification of the standard in § 24-162(C.)(.2) as the strict interpretation of this provision would appear to prohibit the majority of light assembly home occupation uses. A proposed amendment to this provision might limit "flammable, combustible, or explosive materials" to substances and amounts commonly found in a residential setting or which are not otherwise limited or reportable under state, federal or local regulations.. . With Planning staff unable to provide a recommendation of approval, the applicant requested that this application be continued off -calendar until such'time as. the ordinance may .be amended to allow for such a use. Because of this pending application, staff will provide notification to all surrounding property owners (and other interested parties) who have received notice of this application in the event that the applicable section of the Zoning Ordinance is amended, or if this application returns to a public hearing. QA- 4b�L Recommendation: Continue Minor Use Permit MUP13-0006 for Aaron Klemenok off calendar., Attachments: Site Plan and Vicinity Map Section 24-162, Home Occupations, of Butte County Code o �G1i c-� t�►-� . pe�,r�,r�,���nc�-�r�is �a�is�-,e� DivrvCLY - -W-VuQ- 0 -A�n �� DtAAoAD VICINITY MAP Ave Rn Project Location 1:4,500 MUP13-0006 0 150 300 600 APN:065-190-101 Feet Klemenok, Aaron Ave Legend —+—� Railroad Roads Lakes 1 Streams It] K=lUtIN 132.00' 786 5F. g I I 51 55L — — I I (E) ATTACHED GARAGE 530 5.F. in (EJ 00'-0° 77- 71-] E SHOP 516 5.F. +�L PERMIT AREA. TOOL SHED — APROX. LOCATION OF �a 0 SEPTIC, SYSTEM. ao in 15' RIGHT PF WAY g Q � TALL PINES OR '^ 132.00' �=\ APN:Ob5-IqO-101 AARON KLEMENOK . Date: 12/12/13 MINOR USE PERMIT OWNER Drawn -.AK AARON AND JANELLE KLEMENOK CELL: (530) 228-9567 6585 TALL PINES OR MA6ALIA GA g5g54 (Fa 4030 SL. (F) 4030 5L. I/ (E) LOCKABLE 5TORAGE 11LTi/ I/ (E) SLAB II j E 5T R. N ' (EJ 2468 E TH L6 � 0 O- 1--- USE PERMITIAREA 147 5.F. MAX. (E) GONG. PATIO i (E) WORK5HOP (F� 2868 I (EJ VAULT (E) SLAB I FM I r� (E) 4030 5L. s o (E) COV O ENTRY FLOOR PLAN SCALE: 1/4° = 1'-0° 0 5HOP: 516 S.F. (E) CONDITIONED RESIDENCE: '186 S.F. (SEE 51TE PLAN) f t 1 S Date: 12/12/13 MINOR U5E PERMIT APN: 065-190-101 AARON KLEMENOK OWNER Drawn:AK AARON AND JANELLE KLEMENOK CELL: (530) 228-9567 6565 TALL PINES OR MA6ALIA CA 95954 11 24-162 24-162 Home Occupations A. Types of Home Occupations. SUPPLEMENTAL USE REGULATIONS 1. Home Office. A business limited to the use of a home computer, phone, desk, and related office equipment. Home offices do not involve client visits or employees and deliveries would be no more than what is typical of a residential use. 2. Cottage Food Operation, Limited. A business, pursuant to the California Health and Safety Code, where a cottage food operator resides and where cottage food products (identified on the list of approved cottage food categories established and maintained by the California Department of Public Health) are prepared or packaged, and registered or permitted by the Environmental Health Division of the Butte County Public Health Department for sale to a consumer or third - party retailer. The Cottage Food Operations, Limited, use does not allow customers to purchase cottage food directly from a residence. 3. Minor Home Occupations. Types of minor home occupations include professional 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, , laundry, ironing, and sewing, and the uses described under Cottage Food Operation, Limited but allowing for direct sales of cottage food products to customers from a residence,. 4. Major Home Occupations. Types of major .home occupations include, equipment repair, contractor's office, 'dog grooming, hairdressing, light assembly and shipping, catering, food processing, home professional offices, and the uses described under Cottage Food Operation, Limited but allowing for direct sales of cottage food products to customers from a residence. B. Permit Required. 1. Home Office. The establishment of a Home Office use and a Cottage Food Operation, Limited use are permitted uses in all zones allowing residences. 2. Minor Home Occupations. The establishment of a minor home occupation requires the approval of an Administrative Permit. 3. Major Home Occupations. The establishment of a major home occupation requires the approval of a Minor Use Permit. 4. Cottage Foods. Cottage Food Operations must be approved by the Butte County Environmental Health Division of the Butte County Public Health Department pursuant to the California Health and Safety Code. C. Standards. Minor Home Occupations and Major 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. 194 SUPPLEMENTAL USE REGULATIONS 24-163 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. No additional vehicles, except for those that would ordinarily be located at a place of residence, shall be permitted in conjunction with the home occupation. 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 shall be located within the dwelling unit, attached garage, or detached garage or accessory structure, and shall not occupy more than 25 percent of the gross floor area of the dwelling unit. 7. Employees. Employees of a home office and a minor home occupation shall be limited to the persons residing in the dwelling unit. Major home occupations are allowed two additional persons in addition to those residing in the dwelling unit. 8. Clients. No clients are permitted to visit a home office. Not more than six clients per day are permitted to visit a minor home occupation. Not more than 12 clients per day are allowed to visit a major 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. Minor and major home occupations shall comply with accessibility requirements of the California Building Code, including parking and path of travel into the dwelling. 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 one year. 24-163 Large Retail Projects A. Applicability. The standards in this section apply to any new large retail project. Large retail projects are defined as any development project with 50,000 square feet or more of floor area occupied by a retail use. B. Location: Large retail projects shall be permitted in zones as provided in Part 2 (Zoning Districts, Land Uses, and Development Standards). 195 Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Office (530) 538-7785 Fax www.buttecounty.net www.buttegeneralplan.net Rl jTTE COUNTY February 20, 2014 �'Ee 26.21 4 JOHNSON LES REVOCABLE LIVING TRUST PO BOX 1092 SErZ V1(, g NT PARADISE CA 95967 Subject: MUP13-0006 (Klemenok, Aaron) Dear Property Owner: This letter is to notify you that the Butte County Planning Commission will hold a public hearing to consider an application for a Minor Use Permit (MUP13-0006), submitted by Mr. Aaron Klemenok. The application was submitted to establish a light assembly business within the applicant's residence to produce small blasting systems for commercial sales. The hearing is scheduled for Thursday, February 27, 2014, at 9:00 a.m. in the Butte County Board of Supervisors Room, County Administration Center, 25 County Center Drive, Oroville, California. This application was previously heard by the Planning Commission on January 23, 2014. At the hearing, the Commission continued the agenda item to February 27th to allow staff to perform additional analysis of the proposal.. Upon review by County staff, it was determined that the proposed storage of the flammable solid would conflict with Butte County Zoning Code § 24-162(c)(2), and would not be able to be supported by staff. With staff unable to provide a recommendation of approval, the applicant is requesting that the application be continued off -calendar until such time as the ordinance may be amended by the Butte County Board of Supervisors to allow for such a use to be conducted in a residence. With the consideration of this application being delayed until an amendment to the zoning ordinance, staff will provide future notifications to all surrounding property owners (and other interested parties) in the event the applicable section of the Zoning Ordinance is amended, or if this application returns to the Planning Commission for consideration. The application and staff report is on file and available for public viewing at the office of Butte County Department of Development Services, Planning Division, 7 County Center Drive, Oroville, California. Or, the report may be accessed on the Butte County website at: http://www.buttecounty.net/dds/Meetings/PlanningCommission.aspx For additional information, please contact Rowland Hickel at (530) 538-7150, Monday through Friday, 8:00 a.m. to'4:00 p.m. of byemail at rhickelft6ttecourity.net. Sincerely, -.. " Rowland Hickel Senior Planner 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 ADMINISTRATION * BUILDING * PLANNING BUTTE COUNTY PLANNING COMMISSION AGENDA February 27, 2014 TIME: 9:00 a.m. PLACE: Board of Supervisors' Room County Administration Center 25 County Center Drive Oroville, CA 95965 I. PLEDGE OF ALLEGIANCE II. ROLL CALL — Commissioners Donati, Nelson, White, Wilson and Chair Kennedy. III. ACCEPTANCE OF AGENDA — Commission members and staff may request additions, deletions or changes in the Agenda order. IV. BUSINESS FROM THE FLOOR ON ITEMS NOT ALREADY ON THE AGENDA (Presentations will be limited to five minutes. The Planning Commission is prohibited by State Law from taking action on any item presented if it is not listed on the Agenda). V. PUBLIC HEARINGS AND OTHER MATTERS FOR DISCUSSION — The Chair will call for a presentation of the report of staff. The hearing will then be opened to the public for proponents, opponents, comments, and rebuttals. The hearing will be then be closed to the public and discussion confined to the members of the Planning Commission and staff. The Commission will then make a motion and vote on the item. It is requested that individual public comments be addressed to the Chair and limited to a maximum of 5 minutes so that all interested parties will have an opportunity to address the Commission. Following your presentation, please print your name and address on the speakers sheet so that the record will be accurate. A. MINOR USE PERMIT (MUP13-0006) Applicant: Aaron Klemenok Project: MUP13-0006 Planner: Rowland Hickel APN: 065-190-101 G.P.: RR (Rural Residential) Zoning: RR -5 (Rural Residential, 5 -acre minimum) Location: The project site is located at 6585 Tall Pines Drive, 400 feet east from Hollywood Drive, in the community of Magalia. Proposal: A Minor Use Permit to operate a light assembly home occupation to ■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA ■ FEBRUARY 27, 2014 ■ PAGE 1 ■ produce small blasting systems for SierraBlasterTm LLC. Staff Recommendation: Continue the item off calendar. B. REVIEW OF DRAFT HOUSING ELEMENT The Butte County Planning Commission will hold a public hearing regarding an update to the Housing Element of the Butte County General Plan. This meeting is open to the public who are encouraged to attend and provide comment. All parties and agencies interested in Housing Policy are encouraged to attend and provide comment. At this hearing, County staff and consultants will provide an overview of State Housing Element. requirements and the process for amending the Housing Element. Consultants will then make a presentation concerning the various technical aspects involved in the update, including related amendments to the Land Use Element of the General Plan pursuant to State law. The Planning Commission will be reviewing a draft Housing Needs Assessment and a Preliminary Draft Housing Element Update. These documents are available for review via the Development Services website, www.buttecounty.net/dds. The Planning Commission will also review input from the Housing Element Public Workshop held on February 5, 2014. The Planning Commission's recommendations shall be provided to the Board of Supervisors for consideration at a future public hearing. After these hearings, the Draft Housing Element Update shall be submitted to the State Department of Housing and Community Development for a 60 -day review in compliance with State law. Upon completion of this review period, the Planning Commission and the Board of Supervisors will hold additional hearings to adopt the new Housing Element and related amendments to the Land Use Element. Comments regarding this meeting may be submitted in writing at any time prior to the meeting at the Butte County Department of Development Services, 7 County Center Drive, Oroville, 95965, or via email to dbreedon(cD-buttecounty.net VI. GENERAL BUSINESS - This section of the agenda is to be utilized by the Planning Commission and Director of Development Services on items of interest, general discussion, or items for which staff have been directed to do research and bring back to the Commission. Items may not always be addressed at every hearing, but will always be listed as part of the agenda. A. Directors' Report • Report on Zoning Administrator Activity B. General Plan Follow-up and Implementation Program C. Update on Recent Board of Supervisors' Actions D. Legislative Case Law Update E. Planning Commission Concerns ■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA ■ FEBRUARY 27, 2014 ■ PAGE 2 ■ VII. COMMUNICATIONS - Communications received and referred. (Copies of all communications are available in the Planning Division Office.) VI. MINUTES None IX. ADJOURNMENT k ■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA ■ FEBRUARY 27,2014 ■ PAGE 3 ■ Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Office (530) 538-7785 Fax www.buttecounty.net www.butte4eneralalan.net MEMORANDUM TO: Honorable Chair and Planning Commission FROM: Rowland Hickel, Senior Planner SUBJECT: MUP13-0006 (Klemenok, Aaron) —Proposed Light Assembly Major Home Occupation, 6585 Tall Pines Drive, Magalia (APN 065-190-101) DATE: February 27, 2014 Background: An application for a Minor Use Permit was submitted to Butte County to establish a light assembly business at the applicant's residence located at 6585 Tall Pines Drive, in the community of Magalia (see attached Site Plan and Vicinity Map). The proposed business includes producing small blasting systems that are typically used for breaking large rocks into smaller, more manageable pieces. These blasting systems consist of a propellant -based, low explosive, blasting cartridge, an electrical distribution box, electrical trigger system, electrical cables, and drill bits that are assembled into a kit and shipped to customers. The activities associated with this proposed business involve: • Assembling plastic tubes, wiring, propellant, and an inert- initiator to produce the blasting cartridges; • Sewing straps to a textile bag to produce the kit packaging; • Indoor storage of up to 50 lbs of propellant (as a flammable solid) used in the blasting cartridges; and • Indoor storage of the materials and tools used in the assembly process. Assembly of this product uses typical home-based tools, such as a drill press, miter saw, soldering iron and a hot glue gun. Storage of the propellant and the blasting cartridges would be in accordance with State and Federal regulations. Analysis: The proposed home occupation use is classified as a Major Home Occupation, pursuant to BCC §24-162. As such, the proposed use requires approval of a Minor Use Permit, and is subject to the standards outlined in the zoning code for a home occupation (see attachment). Among these standards is § 24-162(C.)(.2) which provides as follows: 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. Upon review of the application by County staff, it was determined that the proposed storage of the flammable solid would be in conflict with Section C.2. As a result, staff is unable to support approval of the project. The applicant has expressed his desire to obtain the Minor Use Permit to conduct the business at his residence, if feasible to do so. Development Services staff is reviewing potential clarification of the standard in § 24-162(C.)(.2) as the strict interpretation of this provision would appear to prohibit the majority of light assembly home occupation uses. A proposed amendment. to this provision might limit "flammable, combustible, or explosive materials" to substances and amounts commonly found in a residential setting or which are not otherwise limited or reportable under state, federal or local regulations. With Planning staff unable to provide a recommendation of approval, the applicant requested that this application be continued off -calendar until such time as the ordinance may be amended to allow for such a use. Because of this pending application, staff will provide notification to all surrounding property owners (and other interested parties) who have received notice of this application in the event that the applicable section of the Zoning Ordinance. is amended, or if this application returns to a public hearing. Recommendation: Continue Minor Use Permit MUP13-0006 for Aaron Klemenok off calendar. Attachments: Site Plan and Vicinity Map Section 24-162, Home Occupations,.of Butte County Code. N VICINITY MAPW e Tik r n S ---EftlqoL Gra dview Ave 11 11 G randviE w Ave Vioudwaid D, Eloulder Dr Boulder Dr 0 d Rd 0 Tal Pines Dr Tal Pino gDr Project Location Quarry Dr rr a� J 1:4,500 MUP13-0006 Legend 0 150 soo soo APN:065-190-101 —+--+ Railroad Feet Roads Klemenok, Aaron f Lakes 1 Streams • ----------------------------------------------------- Hollywood Rd FProjecton � P Tall Pines Dr II Vine St ' p 0 0 o 3 E o 2 90 45 0 90 180 270 360 mmmmmd Feet BUTTE COUNTY PLANNING COMMISSION w Y E , Supervisorial District #5 Applicant/Owner: Aaron Klemenok Hearing DateJanuary 23, 2014 @ 9:00 a.m. Zonin :Rural Residential, 5 Acre Density Request: A Minor Use Permit to operate a light assembly home occupation to,produce low explosive blasting cartridges for SierraBlasterTm LLC. Assessor Parcel No: 065-190-101 File: MUP13-0006 132.00' i8b 5.F. gI I I I (E) ATTACHED GARAGE Zn 530 5.F. 51TE PLAN Date: 12A?JI3 APN:,0b5-190-101 AARON KLEMENOK MINOR USE PERMIT OWNER orown:AK AARON AND JANELLE KLEMENOK CELL: (530) 228-9567 6565 TALL PINES DR. MA&ALIA GA qM4 FLOOR PLAN SCALE: 1/4° = 1'-0° (E) SHOP: 5Ib 5.F. (FJ CONDITIONED RE51DENCE: 16b S.F. (515E SITE PLAN) Dote: 12/12/13 MINOR 65E PERMIT APN:Ob5-IqO-101 AARON KLEMENOK OWNER Drawn:AK AARON AND JANELLE KLEMENOK CELL: (530) 228-9567 6585 TALL PINES OR MA&ALIA CSR 95954 0 • 24-162 24-162 Home Occupations A. Types of Home Occupations. SUPPLEMENTAL USE REGULATIONS 1. Home Office. A business limited to the use of a home computer, phone, desk, and related office equipment. Home offices do not involve client visits or employees and deliveries would be no more than what is typical of a residential use. 2. Cottage Food Operation, Limited. A business, pursuant to the California Health and Safety Code, where a cottage food operator resides and where cottage food products (identified on the list of approved cottage food categories established and maintained by the California Department of Public Health) are prepared or packaged, and registered or permitted by the Environmental Health Division of the Butte County Public Health Department for sale to a consumer or third - party retailer. The Cottage Food Operations, Limited, use does not allow customers to purchase cottage food directly from a residence. 3. Minor Home Occupations. Types of minor home occupations include professional 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, , laundry, ironing, and sewing, and the uses described under Cottage Food Operation, Limited but allowing for direct sales of cottage food products to customers from a residence,. 4. Major Home Occupations. Types of major home occupations include, equipment repair, contractor's office, dog grooming, hairdressing, light assembly and shipping, catering, food processing, home professional offices, and the uses described under Cottage Food Operation, Limited but allowing for direct sales of cottage food products to customers from a residence. B. Permit Required. 1. Home Office. The establishment of a Home Office use and a Cottage Food Operation, Limited use are permitted uses in all zones allowing residences. 2. Minor Home Occupations. The establishment of a minor home occupation requires the approval of an Administrative Permit. 3. Major Home Occupations. The establishment of a major home occupation requires the approval of a Minor Use Permit. 4. Cottage Foods. Cottage Food Operations must be approved by the Butte County Environmental Health Division of the Butte County Public Health Department pursuant to the California Health and Safety Code. C. Standards. Minor Home Occupations and Major 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. 194 0 • SUPPLEMENTAL USE REGULATIONS 24-163 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. No additional vehicles, except for those that would ordinarily be located at a place of residence, shall be permitted in conjunction with the home occupation. 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 shall be located within the dwelling unit, attached garage, or detached garage or accessory structure, and shall not occupy more than 25 percent of the gross floor area of the dwelling unit. 7. Employees. Employees of a home office and a minor home occupation shall be limited to the persons residing in the dwelling unit. Major home occupations are allowed two additional persons in addition to those residing in the dwelling unit. 8. Clients. No clients are permitted to visit a home office. Not more than six clients per day are permitted to visit a minor home occupation. Not more than 12 clients per day are allowed to visit a major 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. Minor and major home occupations shall comply with accessibility requirements of the California Building Code, including parking and path of travel into the dwelling. 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 one year. 24-163 Large Retail Projects A. Applicability. The standards in this section apply to any new large retail project. Large retail projects are defined as any development project with 50,000 square feet or more of floor area occupied by a retail use. B. Location: Large retail projects shall be permitted in zones as provided in Part 2 (Zoning Districts, Land Uses, and Development Standards). 195 • Hickel, Rowland From: Aaron Klemenok <aklemenok@yahoo.com> Sent: Friday, January 31, 2014 12:54 PM To: Hickel, Rowland Subject: MUP 13-0006 Continuation • Rowland, Due to new information provided by Matt Damon after our conversation on (01-30-2014) 1 should not make the decision to continue the meeting until additional information is gathered. Sorry for the temporary inconvenience. Let me know if you have any questions. Thank you, Aaron Klemenok 530-228-9567 1 Butte County Department of Development Services OFFICE OF PLANNING DEPARTMENT 7 County Center Drive Oroville, CA 95965 RETURN SERVICE REQUESTED PUBLIC HEARING NOTICE . TE BUT coos, y JAN 2 3 214 UEv Etrc�[v1ivNT SE�tV IC E� (3?6tIM25776 $OO3 01/08/2014 US POSTAGE JOHNSON LES REVOCABLE LIVING TRUST PO BOX 1092 PARADISE CA gratia N 1,XT E '55 7 F E 7..2.6°0 r00* 3- J 14 RETURN TO SENDER W 'LS uL!CAS'L-F AS ai�__ii _G5 Eii I UNAISLE TO ;: RW- ARD 1 BC: 95465333407 *2772-04788-14-30 105447 6 KMC!9903$5AW4 Va-. 00 w� _ (3?6tIM25776 $OO3 01/08/2014 US POSTAGE JOHNSON LES REVOCABLE LIVING TRUST PO BOX 1092 PARADISE CA gratia N 1,XT E '55 7 F E 7..2.6°0 r00* 3- J 14 RETURN TO SENDER W 'LS uL!CAS'L-F AS ai�__ii _G5 Eii I UNAISLE TO ;: RW- ARD 1 BC: 95465333407 *2772-04788-14-30 105447 6 KMC!9903$5AW4 r 19 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 a Minor Use Permit MUP13-0006 (Klemenok) on January 23, 2014, at 9:00 a.m., in the Butte County Board of Supervisors Room, County Administration Center, 25 County Center Drive, Oroville, California." Proiect Information: Project: MUP13-0006 (Klemenok) Location: The property is located at 6585 Tall Pines Drive, 400 feet east from Hollywood Drive, in the community of Magalia. APN: 065-190-101 Proposal: Request for a Minor Use Permit to operate a light assembly home occupation on property within the RR -5 zoning. The applicant proposes to produce low explosive blasting cartridges used for breaking large boulders. No customers, employees, or testing of the product will occur at the property. Butte County has determined the request to be categorically exempt, pursuant to Section 15303 of the CEQA Guidelines (Class 3). The above-mentioned application is on file and available for public viewing at the office of Butte County Department of Development Services, Planning Division, 7 County Center Drive, Oroville, California. For information contact Rowland Hickel at (530) 538-7150, Monday through Friday, 8:00 a.m. to 4:00 p.m. or by email at rhickel@buttecounty.net. Comments may be submitted in writing to the Planning Division at the above address at any time prior to the hearing or orally at the public hearing listed above, or as may be continued to a later date. If you challenge the above application in court, you may be limited to raising only those issues you or someone else raised at the public hearing 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 N VICINITY MAPW E Tik r n S 0 Gra dview Ave G randviEw Ave 10 budwd Moulder Dr B wider Dr 1 R1 0 Tal Pines Dr Tal Pin r Project Location uarry I Ir a� T�T 1:4;500 MUP13-0006 Legend 0 150 300 600 APN: 065-190-101 Railroad Feet Roads Klemenok, Aaron S Lakes Streams Butte County Department of Development Services TIM SNELLINGS, DIRECTOR i PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Office (530) 538-7785 Fax www.buttecounty.net www.butteaeneralplan.net MEMORANDUM TO: Butte County Planning Commission FROM: Chuck Thistlethwaite, Planning Manager SUBJECT: MUP13-0006 (Klemenok) - Home Occupation to Produce Small Blasting Systems 6585 Tall Pines Drive, Magalia (APN 065-190-101) DATE: January 16, 2014 Planning Division staff is requesting the Planning Commission continue the public hearing on Minor Use Permit MUP13-0006 for Aaron Klemenok to the Commission's meeting on February 27, 2014. The additional time will provide staff the opportunity to complete a review .of the project's consistency with relevant statutes, ordinances and regulations. Public notice of this hearing has been mailed to property owners in the vicinity. and published .in' the Paradise Post. Staff recommends that the Planning Commission open the public hearing, allow public testimony and continue the public hearing open to the meeting of February 27, 2014. 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 ADMINISTRATION * BUILDING * PLANNING BUTTE COUNTY PLANNING COMMISSION AGENDA January 23, 2014 TIME: 9:00 a.m. PLACE: Board of, Supervisors' Room County Administration Center 25 County Center Drive Oroville, CA 95965. I. PLEDGE OF ALLEGIANCE II. ROLL CALL — Commissioners Donati, Nelson, White, Wilson and Chair Kennedy III. SELECTION'— Selection of Chair, Vice Chair and Second Vice Chair for 2014 IV. ACCEPTANCE OF AGENDA— Commission members and staff may, request additions, deletions or changes in the Agenda order. V. BUSINESS FROM THE FLOOR ON ITEMS NOT ALREADY ON THE AGENDA (Presentations will be limited to five minutes. The Planning Commission is prohibited by State Law from taking action on any item presented if it is not listed on the Agenda). - VI. PUBLIC HEARINGS AND OTHER MATTERS FOR DISCUSSION The Chair will call for a presentation of the report of staff. The hearing will then be opened to the public:for proponents, opponents, comments, and rebuttals. The hearing will be then be closed. to the public and discussion confined to the members of the Planning Commission and staff. The Commission will then make a motion and vote on the item. .It is requested that individual public comments be addressed to the Chair and limited to a maximum of 5 minutes so that all interested parties will have an opportunity to address the Commission. Following your presentation, please print your name and address on the speakers sheet so that the record will be accurate. 9:00 AM A. CONTINUATION OF DRAFT AGRICULTURE MITIGATION ORDINANCE, CONSIDERATION FOR APPROVAL RECOMMENDATION TO BOARD OF SUPERVISORS The Draft Agriculture Mitigation Ordinance (AMO) has been developed to implement Butte County General Plan Action AG -A2.1, which directs that this ordinance be ■ BUTTE COUNTY PLANNING COMMISSION m AGENDA ■ JANUARY 23, 2014 ■ PAGE 1 ■ 11 9 prepared to permanently protect agricultural land of equal.or greater value in place of land that is re -designated from agriculture to a non-agricultural general plan . designation. The ordinance establishes provisions for agricultural conservation easements as a means of mitigating loss of agricultural land through such re- designation based upon a 2:1 ratio of the amount of land that must be placed under easement to the amount of agricultural land re -designated to a non-agricultural designation. The ordinance sets standards for where the. Agriculture Mitigation Ordinance applies; activities that are or are not subject to the AMO; additional sections devoted to Definitions; Mitigation Requirements, Methods of Mitigation including direct acquisition of Land Conservation Easements, In -Lieu Fees, and Mitigation Credit Banking; Eligible Lands that qualify for agricultural conservation easements; process for Final Approval; Agricultural Conservation Easement Requirements; Administration, Monitoring, and Reporting; Stacking of Conservation Easements; and, Agricultural Conservation Easements on Lands Subject to a Williamson Act Contract. This project is considered a subsequent activity that is within the scope of the previously. Certified Final General Plan 2030 Program EIR, and no new environmental document is proposed. Pursuant to CEQA Guidelines Sections 15162 and 15168, Butte County finds that this project would not generate any new effects and that no new mitigation measures would be required because the project does not include any effects not already examined in the Final General Plan 2030 Program EIR. The Planning Commission will review the Draft Ordinance and make recommendations for approval to the Butte County Board of Supervisors. B. TPM13-0010 - MILLER Applicant: James Miller Project: TPM13-0010 Planner: Mark Michelena APN: 040-030-084 & 093 G.P.: VLDR (Very Low Density Residential) Zoning: VLDR (Very Low Density Residential, 1 -acre minimum) Location: The project is located at the east end of Speedway Avenue at 240 Speedway Avenue, in the unincorporated portion of Chico. Proposal: A tentative parcel map to divide 11.13 acres into four parcels (1.41, 1.08, 1.15 and 7.49 acres each). The applicant is requesting an exception to the interior road improvement standard. Staff Recommendation: Recommend adoption of the approval resolution, adopting the Mitigated Negative Declaration (MND) prepared pursuant to the California Environmental Quality Act, approving the exception request and approving TPM13-0010 for James Miller, subject findings and conditions. C. MUP13-0006 - KLEMENOK Applicant: Aaron Klemenok Project: MUP13-0006 Planner: Rowland Hickel APN: 065-190-101 G.P.: RR (Rural Residential) Zoning: RR -5 (Rural Residential, 5 -acre minimum) Location: The project site is located at 6585 Tall Pines Drive, 400 feet east from Hollywood Drive, in the community of Magalia. Proposal: A Minor Use Permit to operate a light assembly home occupation to' produce small blasting systems for SierraBlasterTm LLC. Staff Recommendation: Recommend approval of resolution, adopting the Categorical Exemption under Section 15303 of the California Environmental Quality Act, and approving Minor Use Permit MUP13-0006, with findings and conditions. ■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA ■ JANUARY 23, 2014 ■ PAGE 2 ■ VII. GENERAL BUSINESS - This section of the agenda is to be utilized by the Planning Commission and Director of Development Services on items` of interest, general discussion, or items for which staff have been directed to do research and bring back to the Commission. Items may not always be addressed at every hearing, but will always be listed as part,of the agenda. A. Directors' Report B. General Plan Follow-up and Implementation Program C. Update on Recent Board of Supervisors' Actions D. Legislative Case Law Update E. Planning Commission Concerns F. Adoption of 2014 Meeting Calendar VII. COMMUNICATIONS - Communications received and referred. (Copies of all communications are available in the Planning Division Office.). VIII. MINUTES A. September 26, 2013 B. November 21, 2013 C. December 12, 2013 IX. ADJOURNMENT ■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA ■ JANUARY 23, 2014 ■ PAGE 3 ■ Hickel, Rowland From: McKillop, Kristen Sent: Monday, January 13, 2014 11:36 AM To: Hickel, Rowland Subject: FW: Project Application Review - MUP13-0006 (Klemenok) Hi Rowland, Please see the below comments from HazMat staff. After further review of all attachments included in Trakit, there is nothing further to note beyond the below comments. Kristen From: Hancock, Cierra Sent: Monday, January 06, 2014 10:28 AM To: McKillop, Kristen Subject: RE: Project Application Review - MUP13-0006 (Klemenok) Kristen, I'm not sure exactly what you are looking for, but below are the considerations relating to CUPA that the owner should include in his thought process: Storage compatibilities of hazardous materials/ wastes Placarding requirements (also relates to l=ire Code) Business Plan reporting if handling greater than threshold quantities- 200cf for gasses, 500lbs for solids, 55gal for liquids Hazardous characteristic determination for wastes generated (ignitibility, corrosivity, reactivity toxicity) I am not familiar with the manufacturing process used, so this is just a very general list. If you I'd be glad to look it over. Cierra Hancock Hazardous Materials Mgmt. Specialist Butte County Environmental Health 530-538-5326 chancock@buttecounty.net http:Hwww.buttecounty.net/publichealth or the materials that will be have more detailed information, 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: McKillop, Kristen Sent: Monday, January 06, 2014 8:24 AM To: Hancock, Cierra Subject: FW: Project Application Review - MUP13-0006 (Klemenok) Hi Cierra, Can you possibly help me generate comments on this project for Planning Commission sometime this week? I would really appreciate it. Thanks. Kristen From: Hickel, Rowland Sent: Friday, December 13, 2013 12:59 PM To: Honea, Kory; Blixt, Thomas; Lightell, Sue; Nelson, Carl; Johnson, Curtis; Damon, Matt; McKillop, Kristen Cc: Thistlethwaite, Charles; DSPlanning Subject: Project Application Review - MUP13-0006 (Klemenok) Hello Everyone, I'm requesting agency comments or conditions (if any) for a new application for a Minor Use Permit (MUP13-0006) to establish a manufacturing -type business within a detached shop, accessory to the applicant's residence. The property encompasses 1/2 acre located at 6585 Tall Pines Drive, in the community of Magalia. The proposed business involves the manufacturing/assembly and delivery of low explosive components to be used in small blasting systems (typically used in the breaking of rocks). Equipment used in the manufacturing of the product includes typical home-based tools including a drill press, miter saw, soldering iron. A maximum of 50 lbs of a flammable solid (Class 1.4s) would be stored on-site. The total area dedicated to the business is 197 square feet. No customers, employees, or product testing would be allowed on-site. Here is a link to a video demonstration of the product that would be manufactured at the property. http://sierrablaster.com/SierraBlaster Small Blasting Systems.html The application and reviews have been set-up in Project TrakIT. Additional information, such as the site plan and floor plan of the subject property is attached in TrakIT. Reviews and comments are due January 3rd. If you have any questions, please let me know. Rowland Hickel Senior Planner - Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965 (530) 538-7150 - Phone ' (530) 538-7785 - Fax rhickelobuttecounty.net 2 Hickel, Rowland From: Malinowski, Joel Sent: Monday, January 06, 2014 1:56 PM To: Hickel, Rowland Subject: RE: Klemenok Minor Use Permit Comments/Conditions I will do, thanks for all of your help as well From: Hickel, Rowland Sent: Monday, January 06, 2014 1:21 PM To: Malinowski; Joel Subject: RE: Klemenok Minor Use Permit Comments/Conditions Thanks for looking into this project for'us. Let me know if you hear from the Sheriff admin regarding their decision to offer any comments or conditions for this project. Rowland Hickel Senior Planner - Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965 (530) 538-7150 - Phone (530) 538-7785 - Fax rhickel(@buttecounty.net From: Malinowski, Joel Sent: Monday, January 06, 2014 12:59 PM "To: Hickel, Rowland Subject: RE: Klemenok Minor Use Permit Comments/Conditions Rowland, I sent an e-mail to Captain Jones last Friday so he would be able to inform the Sheriffs Office administration as the request filtered down to me from him.'In everything that I was able to look into, there was nothing that I could find that would prevent him from getting the approval of the Sheriffs Office. To clear up some of the questions you asked, the ATF did not have an issue with his storage and agreed it is more than is required to some degree. The table of distances did not apply as best as I can tell and I spoke to Michael Briw from ATF who had done a site inspection. I was advised there is not the regulation due to the process being with smokeless powder and they do not otherwise regulate it. The items that he is making are classified as a pyrotechnic for technical purposes. I have followed as many of the trails as possible and did not locate anything that I could find different from the information he provided. Additionally, in speaking to one of the ATF agents that conducted some of the testing, the likelihood of mass detonation of the item does not appear to be a concern. As far as the Sheriff's Office supporting this use, I cannot say if the Sheriff has approved of the use. On behalf of the Bomb Squad we are willing to say he does appear to meet the requirements for the storage. I would say that you would most likely have to obtain the approval information from the administration of the Sheriffs Office. Joel From: Hickel, Rowland, Sent: Monday, January 06, 2014 8:58 AM To: Malinowski, Joel Cc: DSPlanning Subject: Klemenok Minor Use Permit Comments/Conditions Hi Joel, I just wanted to follow-up to see if you have any comments to share with the planning commission regarding the proposed business/use? While at the house, you indicated some issues with the storage cabinet not meeting distance requirements from an adjacent residence, or not having a blast wall separation. Were you able to clarify the appropriate requirements for what Aaron was proposing to do? Would your department be supportive of this use?' If you still have concerns, please let me know if we need to add any conditions to the permit, if that is possible. If you do, I might need to get the specific code sections to write up an analysis to justify the County's position. Let me know if you need any additional information. Thanks Rowland Hickel Senior Planner - butte County Department of Development Services 7 County Center Drive Oroville, CA 95965 (530) 538-7150 - Phone (530) 538-7785 - Fax rhickel buttecounty.net 2 Hickel, Rowland From: Damon, Matt@CALFIRE <matt.damon@fire.ca.gov> Sent: Tuesday, January 07, 2014 2:09 PM To: Hickel, Rowland Subject: RE: In my conversation with him yesterday, a federal type 4 is essentially the same as a California type 2. Go figure... From: Hickel, Rowland[mailto: rhickel0buttecounty. net] Sent: Tuesday, January 07, 2014 12:27 PM To: Damon, Matt@CALFIRE 41 Subject: RE: The applicant has constructed a Type 4 magazine for the storage of the materials. Apparently, this is what was approved by the ATF. Is that the same or better than a Type 2? Rowland Hickel Senior Planner - Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965 (530) 538-7150 - Phone (530) 538-7785 - Fax rhickelt@buttecounty.net From: Damon, Matt@CALFIRE [mailto:matt.damonWire.ca.gov] Sent: Tuesday, January 07, 2014 11:26 AM To: Hickel, Rowland Subject: FW: Rowland, Below are my requirements, if it makes it easier for you. RW Maximum of 50lbs of smokeless powder are to be kept on site at one time. All smokeless powder shall be stored in a class II magazine as per CCR T-19 section 1578 - 1578.5. There shall not be any increase in the amount or change in type of explosives with out approval of the fire department. Due to the size and weight of magazine, wheels or castors are not required. *A site inspection to verify magazine standards will be required. Please call 538-7888 to schedule. 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 a Minor Use Permit MUP13-0006 (Klemenok) on January 23, 2014, at 9:00 a.m., in the Butte County Board of Supervisors Room, County Administration Center, 25 County Center Drive, Oroville, California. Proiect Information: Project: MUP13-0006 (Klemenok) Location: The property is located at 6585 Tall Pines Drive, 400 feet east from Hollywood. Drive, . in the community of Magalia. APN: 065-190-101 Proposal: Request for a Minor Use Permit to operate a light assembly home occupation on property within the RR -5 zoning. The applicant proposes to produce low explosive blasting cartridges used for breaking large boulders. No customers, employees, or testing of the product will occur at the property. Butte County has determined the request to be categorically exempt, pursuant to Section 15303 of the CEQA Guidelines (Class 3 — Existing Facilities). The above-mentioned application is on file and available for public viewing at the office of Butte County Department of Development Services, Planning Division, 7 County Center Drive, Oroville, California. For information contact Rowland Hickel at (530) 538-7150, Monday through Friday, 8:00 a.m. to 4:00 p.m. or by email at rhickel@buttecounty.net. Comments may be submitted in writing to the Planning Division at the above address at any time prior to the hearing or orally at the public hearing listed above, or as may be continued to a later date. If you challenge the above application in court, you may be limited to raising only those issues you or someone else raised at the public hearing 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 l *• U.S. Department of Justice Bureau of Alcohol, Tobacco, Firearms and Explosives Washington, DC 20226 www.atf.eov November 7, 2013 Mr. Aaron Klemenok President, Sierra Blaster P.O. Box 61362 Reno, Nevada 89506 Dear Mr. Klemenok: 903070: WJO 13-0227 555.32 5403 BUTTE Coa DEC 17 2013 DEVELOPMENT SERVICES This is in response to your letter dated September 18, 2013, to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). You asked, ATF to exempt your rock breaking cartridges as special explosive devices under 27 CFR 555.32. This letter supersedes the previous letter from ATF, dated October 31, 2013. According to your letter and attachments, you designed Sierra Blaster rock breaking cartridges for breaking large rocks into smaller, more manageable pieces. The cartridges produce a large amount of gas, which generates great pressure inside the borehole, thus cracking the rock. The 375 family of cartridges comprises two separate cartridges. The 375 Magnum Cartridge consists of a plastic tube filled with 1 gram of a double base smokeless powder. An inert electric bridge wire initiates the powder. The Sierra Blaster 375 Booster Charge is used in concert with the 375 Magnum cartridge should additional power be required for the rock breaking application. It consists of a plastic tube filled with one gram of the same double base powder but it has no initiator. The Sierra Blaster 375 Magnum Cartridge initiates Sierra Blaster 375 Booster. The U.S. Department of Transportation has classified both cartridges as 1 AS, articles, pyrotechnic for technical purposes (UN 0432). You stated that the cartridges pose little public safety danger due to their design and due to the small amount of material in each cartridge. Finally, Sierra Blaster will implement certain measures to restrict the distribution of the cartridges to knowledgeable persons with a legitimate need for them. ATF is responsible for administering and enforcing the Federal explosives laws at 18 U.S.C., Chapter 40, and the implementing regulations at 27 CFR, Part 555. These laws and regulations require that any person engaging in the business of importing, manufacturing, or dealing in -2 - Mr. Aaron Klemenok 0 explosive materials must first obtain a license from ATF. Further, licensees must maintain certain records, properly store explosive materials, and comply with all pertinent regulations for the conduct of their business. The law at 18 U.S.C. § 841 and the regulation at 27 CFR § 555.11 define "explosive materials," in part, as "explosives, blasting agents, water gels and detonators..." The term "explosives" means "any chemical compound, mixture, or device, the primary or common purpose of which is to function by explosion..." The regulation at 27 CFR 555.202 defines low explosives, in part, as "explosive materials which can be caused to deflagrate when confined..." ATF has determined that the 375 cartridges constitute low explosives under the Federal explosives laws and regulations. Pursuant to the regulation at 27 CFR 555.32, ATF may exempt certain explosive actuated devices, explosive actuated tools, or similar devices from the requirements of this part, which as designed do not constitute a public safety or security hazard. After careful consideration and a technical evaluation of your 375 cartridges, we believe that they do not pose a public safety hazard when used as designed by persons educated in their use. Therefore, we are exempting them as special explosive devices, if Sierra Blaster implements the following safeguards and procedures for purchasers of the cartridges: 1. Each prospective customer must (1) watch a safety and training video or receive in-person training and (2) pass a *test before purchasing any explosive cartridge/booster. The video/training and test will be administered either via internet or in person by an employee of either Sierra Blaster or a certified distributor. 2. Each customer purchasing explosive cartridgesiboosters must sign an affidavit stating that they will use the product only for its intended purpose and they will comply with all Federal, state and local laws. The affidavit will also state that the user will not give or sell the cartridges or boosters to persons under 18 and that they will take steps to secure the cartridges (e.g., keep them in locked containers). 3. You will keep records of the names and addresses of all customers (including end customers) purchasing explosive cartridges/boosters from you and from your distributors; the test results; and the affidavits for at least 5 years. These records must be made available to ATF upon request. Although we have determined that the completed cartridges described in your request are exempt from the regulations at 27 CFR, Part 555, the explosive materials used in their manufacture are subject to regulation while the cartridges are in the process of manufacture. Therefore, Sierra Blaster must have a Federal explosives manufacturer license and maintain all appropriate records. Any explosive materials removed from these devices are also subject to regulation. Any alterations to the device or the packaging of the device will render this exemption void and -3- Mr. Aaron Klemenok necessitate a separate request for exemption. Further, the manufacture of a different device will necessitate a separate request for exemption. We trust the foregoing has been responsive to your request. If you have additional questions, please feel free to contact the Explosives Industry Programs Branch at 202-648-7120. Sincerely yours, Paul W. Brown Chief, Explosives Industry Programs Branch c: Director, Industry Operations, San Francisco Field Division Chief, Federal Explosives Licensing Center aaron(iNierrablastencom • 0 BUTTE COUNTY DEC 17 2013 NEW - EXIC-- TECH DEVELOPMENT ENERGETIC MATERIALS RESEARCH ANOTESTING CENTER SERVICES 1001 South Road'• Sodom NM i87801:•telephone: 575.835.5312'i:taoslmile: 575:835.5630'% www.erhrtc:nmt.edu t<MPTC : Committed is F ttepca tr the FWdS of inergot M*axai v rise 4; Teslf ij and Tiainio s n v 1947: EMRTC Laboratory Report ---Recommendation by Testing April 29, 2013 EMRTC Ref.: D13175 DOT Authority: CA2000070005 Submitted by: Dana Allen For: Sierra Blaster 8131 Highland Flume Circle Reno, NV 89523 Product Designation: Family of 375 Cartridges Product Description: The Family of 375 Cartridges consists of articles designed to split large rocks into more manageable pieces using a small pyrotechnic charge. There are two articles in the family. Both are identical in explosive loading, one is a booster charge, the other an initiation charge. The only difference between the two articles is the presence of an electrical hotwire initiator in the article: The article types are outlined in the below table. Both variations were tested. Article Loading Uuantit g, max t5% Notes 375 Mag Smokeless powder 1.0 Contains initiation wires 375 Booster Smokeless powder 1.0 Contains no means of initiation. Packaging Tested: Inner Packaging: Plastic receptacle containing one article. Outer Packaging: UN 4G fiberboard box, containing fifty inner packages, for a maximum of 50 articles. AND Inner Packaging: Plastic bag containing fifty articles. Outer Packaging: UN 4G fiberboard box, containing one inner package, for a maximum of 50 articles. Drawings of articles will be provided by Sierra Blaster. RESULTS of Tests Conducted: UN Test 4 (a) Thermal stability test for packaged or unpackaged articles: The results were negative with no explosion, burning, color change, or significant weight loss. UN Test 4 (b) (ii) Twelve meter drop test for articles and packaged articles: The results of the tests were negative. The packaged articles bounced with slight damage to the package. The packages would bounce about 1 foot in the air. There were no loose powders in the boxes after drop tests. UN Test 6 (c): External fire (bonfire) test: The results of the bonfire tests were negative. Twenty outer packages, totaling less than 0.15m3, were tested in the bonfire. The articles began initiating approximately 1.5 minutes after the start of the fire, and the popping continued for 12 minutes. There were audible reports and flashes were visible, giving indications of initiation. There was no damage to the witness panels, there were no fiery projections, and no mass explosion. There were no fragments found after the fire, as the articles are comprised entirely of materials which are consumed in fire. The wires from the 375 Mag cartridges were all found on the grate after testing. The small amount of boxes used in the external fire., test represent 1,00,0 articles tested, which, accordingto `Sierra Blaster, represents a year's worth of sales. Sierra Blaster is willing to accept a limited shipping quantityof no more than one thousand articles shipped at a time.. UN Test 6 (d): Unconfined Single package test: "*The results of these. tests were negative. There was no damage to the witness°plate, no flash or flame; no disruption of the package; and no projections into or through the walls of the outer packaging. There, was no ;sympathetic 'initiation between donor and acceptors. RECOMMENDATION by Testing _. EMRTC recommends the Family'of 375 Cartridges be classified as. Articles, pyrotechnic, for technical purposes, UN0432 1, Hazard Classification or Division 1 AS, PG -II. It is recommended the Family of 375 Cartridges be non -packaging specific.., _ 1 r q i ' t _ 1 ` a q i a q i Testing was performed April 29, 2013 at EMRTC. If additional information is required, contact Graham Walsh at (575) 835-5652, gwalshCcDemrtc.nmt.edu. Graham Walsh, Research Scientist, Hazards Testing • 1TTE JNTY 1 DEC 17 2013 DEVELOPIWENI SERVICF.S U.S. Department East Building, PHH-32 of Transportation 1200 Now Jersey Avenue, Southeast Washington, D.C. 20590 Pipeline and Hazardous The US Department of Transportation Materials Safety Administration Competent Authority for the United States CLASSIFICATION OF EXPLOSIVES Based upon a request by Sierra Blaster LLC, 8131 Highland Flume Circle, Reno, NV 89523, United States the following items are classed in accordance with Section 173.56, Title 49, Code of Federal Regulations (49 CFR). A copy of your application, all supporting documentation and a copy of this approval must be retained and made available to DOT upon request. U.N. PROPER SHIPPING NAME AND NUMBER: Articles, pyrotechnic for technical purposes, UN0432 U.N. CLASSIFICATION CODE: 1.45 REFERENCE NUMBER EX2013060699 NOTES: None DATED: 10/30/2013 4 -u PRODUCT DESIGNATION/PART NUMBER Family of 375 Cartridges: 375 Mag, 375 Booster For Dr. Magdy El-Sibaie Associate Administrator for Hazardous Materials Safety Tracking No: 2013061084 Page 1 of 1 BUTTE COUNTY DEC 17 2013 DEVELOPMENT NEWMEXICO TECH SERVICES ':ENERGETIC MATERIALS RESEARCH AND TESTING QENTER r .!1001 Soutfi Road Socatro _NM 8780L telephone 'S75:835:5312 facsimile: 575.835.5630"; www emrte.nmt edu EMRT tcmmttled tp EYcettenoe to tha fiefifa o/ Enc r st c tvla!? riats Research tashng.and Frdni +g since 1,947, April 29, 2013 EMRTC Ref.: D13175 DOT Authority: CA2000070005 Sierra Blaster At the request of Dana Allen, on behalf of Sierra Blaster, the Energetic Materials Research and Testing Center (EMRTC) examined the following product designation. See EMRTC Laboratory Report D13175. Product Designation: Family of 375 Cartridges RECOMMENDATION EMRTC recommends the Family of 375 Cartridges be classified as: Articles, pyrotechnic, for technical purposes, UN0432; Hazard Classification or Division. II AS, PG -II. Required Packaging, marking, and labeling for surface transportation (rail & highway) may be found in the 49 CFR Sections as follows: Packaging: Section: 173.62, PM -135* Marking: Section: 172.300 Labeling: Section: 172.411, Explosives 1 AS label * EMRTC recommends that the Family of 375 Cartridges be non -packaging specific Section 173.56 requires that the shipper submit this cover letter and test report to the Department of Transportation to apply for approval before the above product(s) is offered for shipment. I hereby certify that this classification recommendation report, and all evaluation, examination, and testing carried out by EMRTC in preparation of this report are in full compliance with the applicable requirements of the HMR and this approval. If additional information is required, contact Graham Walsh at (575) 835-5652, gwalshta7.emrtc.nmt.edu. Sincerely, Graham Walsh Research Scientist, Hazards Testing The approval by the county for assembly of these cartridges is the last regulatory step for our two year journey concerning regulatory issues. This is the most important issue I have concerning this project, thus if you need anything at all please contact me. If you need me to come meet anybody to explain anything let me know. BUTTE COUNTY Please let me know you have received this e-mail. DEC 13 2013 Attached are the following: DEVELOPMENT • The revised site and floor plan for the shop. SERVICES The site plan required by the ATF. DOT letter proving 1.4s rating 1.4s Shipping Class Notes: Four tests where conducted by an accredited laboratory for the shipping rating. 1. 12 Meter Drop Test - A box of cartridges was dropped from 12 meters 3 times. (No initiation or cartridge damage occurred) 2. Thermal Stability Test: Cartridges where placed in an oven for for 48 hours at 167 Degrees F. (No explosion, burning, color change or significant weight loss) 3. Propagation Test: One cartridge is intentionally set off in a box of 50. (No other cartridges where set off by the initiated cartridge) 4. External Fire Test: 1,000 cartridges where burned in a large fire (No mass explosion, no shrapnel fragments found after fire) Upon request I can furnish a copy of the Report done by the New Mexico Tech Energetic Materials Research and Testing Center. This report would not be for the public. Federal Explosive Regulations: This link goes to the Federal ATF regulations for Explosives Section 555.210 (b) refers to the Type 4 magazine construction. Our magazine is 4'x2'x5' 12 gage steel with 1-1/8" plywood on inside with 2 mortice locks. This link goes to abridged storage information Under Heading "Tables of Distances" notes tables of distances apply to outdoor storage. We are classified as Type 4 Indoor Additional Notes: A popular hunting cartridge the 30-06 has over 3 times the explosive per weight compared to a SierraBlaster Cartridge or Booster and it is shock sensitive due to percussion initiator (primer). This link is to a private video of our safety test videos that we sent to the ATF and DOT. This link is not public and is only viewable by those you send this link too. Link to SierraBlaster Safety Test Video Thank you, Aaron Klemenok 530-228-9567 q� r2wi DEC 13 f l ,cs �1 V3 DEVEY.OPMEN,11 vLy Y ySERVS. U.S. Department ` "5 `� p East Building, PHH — 32 of Transportation 1200 New Jersey Avenue, Southeast Washington, D.C. 20590 Pipeline and Hazardous The US Department of Transportation Materials Safety Administration Competent Authority for the United States CLASSIFICATION OF EXPLOSIVES Based upon a request by Sierra Blaster LLC, 8131 Highland Flume Circle, Reno, NV 89523, United States the following items are classed in accordance with Section 173.56, Title 49, Code of Federal Regulations (49 CFR). A copy of your application, all supporting documentation and a copy of this approval must be retained and made available to DOT upon request. U.N. PROPER SHIPPING NAME AND NUMBER: Articles, pyrotechnic for technical purposes, UN0432 U.N. CLASSIFICATION CODE: 1.45 REFERENCE NUMBER EX2013060699 NOTES: None DATED: 10/30/2013 PRODUCT DESIGNATION/PART NUMBER Family of 375 Cartridges: 375 Mag, 375 Booster For Dr. Magdy El-Sibaie Associate Administrator for Hazardous Materials Safety r Tracking No: 2013061084 Page 1 of 1 I 132.00'ui 786 S.F. FF t I (E) ATTACHED t GARAGE �i 530 S.F. (E) t30'-0" L PLANMNOV APPROVED Date: Date: 12/12/13 Drawn:AK (E) SHOP 1 �I TOOL SHED APROX. LOCATION OF �a CSI SEPTIC SYSTEM. 4 It 35' SBL. t 15' RIGHT PF WAY 0 �4 TALL PINES OR 132.00' NQ SITE PLAN SCALE: 20-0° = V MINOR USE PERMIT APN: 065-190-101 AARON AND JANELLE KLEMENOK 6585 TALL PINES M MA &IA CA Q5Q54 DEC 13 2013 DEVki,uiPMEN A' SERVICES E PERMIT AREA. AARON KLEMENOK OWNER CELL: (530) 228-9567