HomeMy WebLinkAboutMUP 13-0006s
Butte County Departs, t of Development Services- VTTF 4
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E CALARCO, ASSISTANT DIRECTOR
TIM SNELLINGS, DIRECTOR P 'TCOUNTY ✓�,
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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.)
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ASSESSOR'S PARCEL NUMBER:
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06 - 190 _ lot
ADDRESS: STREET, CITY, STATE, & ZIP CODE
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TELEPHONE:
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E-MAIL:
KLC- M C -;q(2 YAyo0. Cavi
FAX:
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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
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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
- - - - - - - - - - - -
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Y 01-05EST INHABITED BUILDING.
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RESIDENCE
I TOOL SHED
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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
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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.
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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
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(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
■
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Drawn: AK
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DEC - 3 1013
DEVELOPMENT
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USE PERMIT AREA..
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APROX. LOCATION OF
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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
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Project Location
1:4,500 MUP13-0006
0 150 300 600 APN:065-190-101
Feet
Klemenok, Aaron
Ave
Legend
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APROX. LOCATION OF
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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.
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SCALE: 1/4° = 1'-0° 0 5HOP: 516 S.F.
(E) CONDITIONED RESIDENCE: '186 S.F.
(SEE 51TE PLAN)
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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
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Project Location
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1:4,500 MUP13-0006 Legend
0 150 soo soo APN:065-190-101
—+--+ Railroad
Feet Roads
Klemenok, Aaron f Lakes
1 Streams
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Hollywood Rd
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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
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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
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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
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1:4;500 MUP13-0006 Legend
0 150 300 600 APN: 065-190-101 Railroad
Feet
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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..,
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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
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t GARAGE
�i 530 S.F.
(E) t30'-0"
L
PLANMNOV APPROVED
Date:
Date: 12/12/13
Drawn:AK
(E) SHOP 1
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TOOL SHED
APROX. LOCATION OF
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35' SBL.
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15' RIGHT PF WAY
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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