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HomeMy WebLinkAboutPLANNING COMMISION MINUTES & AGENDAS 1/99 - 6/99!• M1 t 'we 1 I s �x7 i eit f�fr t r� << 1 f Ait f i I cr S {ora I �( - �Y�f 7 . _ 1 . BUTTE LANNING iCOIVDV] ISSION Ndx1�TiJT�S , 99' JUNE 14,19Jj I. PLEDGE OF ALLEGIANCE: It ROLL CALL: P$ESENT: Commissioners Cage; Lambert, Mooney, and'�1ice Chairman ABSENT: Chairman Leland ALSO PRESENT., Randilsi', Punct '"al Planner Dan Breedon, Senior Planner Nick Ellena, Chid Enterprise Record Lynn Richardsori, Secretary i OF AG +'NDA: Commission nie.'mbers a d staff may request additions, deletions, IIL ACCEPTANCE or _an es in the Agenda order. i IV. MINUTES; Approval of the minutes for June l0, '1999. 'The Commission had the following corrections, Page 2 Line 33 add to the end "it goes to; the present business off Slyvaay:!'; Page 5, Line 3 Z cli'ange ``towards''to "to the east on"; Line 3$' after "feet" add "was a reasonable distance from the.Skyway to .the project entrance and exist to improve safety and visibility." Commissioner Cage said there is no reference to the appeal period on Page 1 Q. There was a discussion on ' announcing t12e appeal period prior to the vote' at eacli public hearing after the decision , announced: Mr. Wilson said the appeal period procoss is stated m the public hearing notices. _ i, It was moved by do( mnnssioner'Modn-,y, seconded by Commissioner Lambert and carried to approve the ' inimxtes as corrected, AYES, Coniniissioriers Lanibe�#, ;Cage; and MAoney, N098 -,N6 one ABSENT: Chan ty an Leland i ABSTAINED Coniinissioner,Nelson ; i�. CQh?SEN7C., Consent iteths are set, for approval in onemotion• hes 6, are considered non -t corihoversial: 'No piesentattons will be made, however some questions may be asked; VI. BUSINESS I'RO9 TIEIE ]FLOOR 0 ITEMS NOT A%RUADY' ON TIE AGENDA; NONE VH. PUBLICZEAMNGS { A. Stiff Rec►rumeind 't Apron✓al r s ISSIOIs M ' .. TES 999�� I?AG$ tw LAND .. �a COMM . IIiJ DUNE 2 COUN� . „ b • .�` ( ' 'P'i +4 t JI n F n h C V� M �.ty yji k' ,9ry fy a k 5'�/+.4. ' i { T n i { �.s g � 1 M ,M�„1 �K � ���, � �� . .(� y r � rte ��r�,�iYiAlw��1w1Y,:M�W.{��F�i=Y}�r.'pli�fir%Ablif{i4i�jk}i..�.�u�itiA�.iYll�r�i�LYb +W�'a r 1X+4.i:MR�3.4�.z.L ,1.i..Si rit4` y�'} i+4.9ViwiM r A61•n;+#.+rr, .est+.-ty-warm...rY•-ter S*.-.•••.. _ i :': n , S r , and hereby,'fords that a Negative 1Teclaration, with rritigation' , measures, ' adequately represents unpauts associated �uvitli this projeot and reflects the independent judgement of'' '•V' II. This project wilt have an impact, to fish ano%r wi:.ilife habitat: `Departnnent of Fish and Game fee`s pursuant to Fish and Game Code Section Zl l4(d)(3) and 141. CCR 75.3,5 are required„ pr. prove. Rezone 99 03 subject fo :the condition listed in Exhibit "A" with the' following findings: 1. Thee project is consistent 'with the conditional zoning criteria` wider the Agricultural Resdeitial General Plan designation,as' supported by the ,following: a. Condition O. •requires that a -'conditional zoning agreement be recorded specifying that doiriestic water supply be provided prior to subdivision and development of the: rF •property... � � i' b.The soil conditions indicate that the property is capable of on-site sewage disposal: C: The property is located its proxnnity to other similar -sized residential dev:;lopments.; 4 d. Future de elopment will be required to comply with Public Resources Code 4290- regarding, th provision of water availability in amounts adequate for fire protection, ,; internal sprinklers for the protection of structures and other fire, safety standards, oad 'au im rove e. The ro ` e is rovided with access by Peutz R _ , p d County road with p P rly .. p I ' _ a level ofserviee that allows _for unrestricted flow'of trafc with delays s to,vehicles. f, Coiniriercial services and schools are available within reasonable distance from the . property, p 2, General Plats Policy 1 da indicates that the County` must attempt to coordinate governirient plans with other jurisdictioiia ;This rezone. is inconsistent with the Town of Paradise s OS/AG (Open Space/Agricultura)prezone' designation. This inconsistency is an existuig corditionwhich occurred vixen theTown.of Paradise implemented, its p'rezoi el designation and l 994.E@neral Plan. The County's Agricultural Residential General;]?lan desigiiatiori and Agricultural -Residential zoning.district was -not adopted by the Town at that time. General' Flan Policy 1,.6a jig preempt the jurisdiction of the County's current: General Plan designation or zoning. This inconsistency can best be addressed by coordination of future M County'and Te"A lans in this area.` rk lie`Bn oufity A ("ondit oiial oning Agre?ment' sit:rlt be a eecorded with Recordeir he�.e��he_prQ.per�ly owne.C..� • `t o �n�'-of Butte indicaNug the following cono7ition: elo the ro ert stib'ect to tlu s rezone shall I. Any project proposing-'I,to.subdivide ordev p p p, y J demonstrate olio of the following "requirements to the Butte County Ptanriing Division in order t6 demonstrate the availability of a domestic water suppiy,as part; of the application for . f: a tentati a parcel map or, tentative subdivision map: ". d BUTTE COY7NTY i'LANNING COtvIIVIISSION d .MINCJ`TES JUNE 24, 1999 "PAGE 4■ n , VIP a ,�d� 1 'Y r�'.wY w'r� ?, �'r ! fila r 1 F � ^+ Y tr r P ' j 'A. The number. of water connections comes oridin to the nurriber of ' ro osed a"reels p g, p p p up to a maximum of eighteen; "shall Ue seclired.:from the Del Oro Nater Company: 6, ' . A guarantee, of service frons ;the Del Oro Water Company shall ,be secured `based upon theability` to provide adequate water supply from the proposed water, main: extension along;Pentz load. .' d r,. The Butte County Environ 6titai Heaith Deartme t" ha11 be�provided With relevant ` tests ana information that will support; to their satisfaction; that adequate groundwater,availaliility exists in sufficient amounts corresponding to the number, ofproposed parcels up'to a maximum of eighteen; Moone ,and `Vice Chairman Nelson AWES; Commissioners Cage and y NOES: ComnussionerLAMB_RT A 3S NT: Chaninaa Leland N , r, ABSTAINED: No one. L b Lt Vl[IL GENERAIJ lB SINESS o the a enda is to L.e. utilized b the Planning Comm This section , f �g y g zssion and 4 zr for ofl3eveloprnent Services on items of interest; ,general discussioir, or items. for ;which' staff has been d rected'to do research and bring back to the Cainmissian.. ltems A, B,, & C may not always be addressed at every ltearing;' but will always be listed as part' of the agenda: A. General Plan Zoning oirdi tt4ice TJpdate 1, `' Introduction and discussion ofBusiness Park Concept, +' Taken last on the agenda:;' B. Legislative Case Law Update C. PlanningCommission Concertzs This and Item 2 wire taken ahead `of Item A,1; , L Rerievu -'Field ofDrearm Use Permit b Comrriissionex'lYCoaney said he would have to' exempt himself from this review_. Commissioner Lambert said she; would have to remove herself as, well+ Vice Chairnan'Nelson said they will riot have a quorum: � Neil McCabe; Deputy, County Counsel, said that when. there is a doubt it is ,best to avoid even any appearance of a conflict.Ie said there is litigation pending that relates to this Use'ermit. The litigation etas filed .tiy 1VYr. ;Gunn against the 'County. The litigation does not; name the Commission, so the Commission xs not :a,.party, to the action, hotwever individuals were named as defendants and one of the mdividuais named is Commissioner.Lariili rt, Ike said as far as' the `CommiSsion,4 en ,they have a quorum � f�'UTTB-COCJNT Y RLANNIN� GbP�CMISsION b MINUTES � JUNE 24 1999 d P , AC�1��5� 1 . . _. ..._.... .u.eew.ss.•.i,N.w•arllfi!!!f 1! r ,,. ,., iFG"{� h Vico Chairman asked what wou happen if more of the Commission Kaci been named iA the law suit. , Mr. MoCabe'said he :did'- want to get into a hypothetical situation. He said he would prefer to leave it W,- 9 he already stated': above: Vice.Chairrrian NelsoA sa dlie is almost of the opinion that he .does riot want to participate inthe process'. here,, it does not seem right, and he may no participate. He said "based on what going an Mr# McCabe"said the Cornmissiozi;should continae this to the next meeting where they will have "a quorum ' to deal withhe review. Mooney what happen if `Mr. Guru fired hirA, could he thea "sit in on the review Conimissiorier asked Would process? Mr: McCabe said he has alroady been involved, and the fact of Mrs Guam filing him iniglit have some influence. He said the preferable course to avoid any appearance of iany influence, one way ox the other, an, it sound's tfiAboth him artd Commissioner Lambertshould step aside.. Vice `Chairman Nelson said this review will be continued to Jixly 22,1999 at 9:30 a.rn� Mr: Gunn said he needed a decision on the bond issue; y ,hich is illegal; so" he' could hold large concerts between now and the review" He said the Uond was unattainable. He said if lid4i large show right noun lie. would be in violation of his Ti Jse Permit. Vice Chair man Nelson said th' bottom line is the fact that the Commiss oA does iiot have a legal quortiin here to hear this i- OT,. BUT E COUNTY PLANNING COMMI5SI0 1 e MINUTES e JUNE 24, 1999 b PAGE 6® ., dt 4 w ,�f + � y y.a r i art ,�.s, w,. ,iiem a rr, • t.;',r a� �r ,. c } r z .yy q d,. n tt j s Z e'� � ..6Ya r � 1'ti, � J �. t .,7 'r��t � Y, .. a,u'Y �1 a �0. � G .� �, i �, .. . � i'�.JI w+.Wf..r��M y.,:a,+„s. us'�o.�'.r1eulYb-'+A1?."` .. ll `� I � e,� �. n, IDau 1Keianedy proposed Negative ]Declaration with mitigation ;measures regarding f tivir,'ohinental. impacts: and Use PeMI to expand an. existing mini -storage business.- The, ' project will be developed in three development phases: Phase 1. _ Add 900 and 10000 sq,. ft. n 7 extsnsiors to'the existing mrnstorage structures, construct two new'mini-storage structures , totaling 10,2000 sq: ft , reinoye an existing caretalcer's residence (a, mobile home), and construct an ew;septic system: Phase 2. Construct,,' new mini -storage structures totaling' 20,2000 sq. ,; .and a 400 sq. ft officei Phase 3, ;Construct five new ixuiu-storage structures tatalin 17,200 s , ft.. The ro ei is zoned H -C i hwa Commercial located g q p.p_y. y ) } oh the east side of Sk)V v, vet - C . Frr Haven Drive and. Cedar �.ake Drive, at' 14420 Skyway, Paradise Pines. AN 065-210 061,, 064,, 086, and 087 (File #UP39=11) (DD) x NIr: Doody gave `a'brief surninary ofthe,project. He said Del O,ra Water provides water to the' site. He said ,i the feiicm'g would. be ,around 'the en he property and not the phases as they occurs He said there is a f coiidit>orr to prepare a LestManageirient P. lan,, approved by Public Warlcs (Condition 6): He said the applicant is aslcixig that a nursery professional, be allowed to do the landscaping Plan in'Condition 3. 'Sde said j Aide were; two letters received from iieiglibors who wete concerned with access from Fir Maven Drive fencing, hours of operation, and outside storage of vehicles pr boats: He said the concerns have been i' Y addressed in the, conditions. H said there is plan for 'an on-site caretaker at this time. : Chairnllri Leland' asked ;what the basis was for selecting 8 00 a.m. as the time to start construction? a. `r Mr. Doodysaid most people have left for work by 8;00 a.m. He said there are two houses across. tl;e street , and a church in the area.; Ike said there is amodification to -Public Works' Condition 17, to say, `Prior to any site disturbance or, t11e "issuances of bxilding peiinits, or both, prove to the satisfaction of the Director of Public Woxlcs that approved access to and over Fir 11 lb exists to the Skyway- ." Comnaissoner,Cge asked,if there is an enforcement ofhcer to enforce these conditions. i 1 I Mx: Wilson said a staff, member is analyzing all Use Permits to see. where they slaiid with regards to co yin with the conditions, He said staff is worlung'on this, C'onimissioner Lee said she visited the site: She said Cedar La1ce brive is a very narrow lane. She said the locked gats area did not go to. Fir Haven Drive it goes to the present business off Skyway. Y want tAvirotunental Health to a 'rove all storm Commissioner 1Vloone said on Condition 22 he did not pp drainage systems;:, He said,. :condition should be -changed to say ``undergro i d'I He said Environmental _ E Health does not have the engineers to approve an,underground system. Commzssioner.` Lambert asked. if the' proposed fire 'access is off of Cedar Lake: Drivel Nlr. Doody said that incorrect; for eriergency use only': { Corrinrissioneriairibert,discussed storing hazardous.ma'ten:al'ri the:units. Sheasked`what the penalty was x. for doing so• airman Leland said "the .would have the o orhirityto. revoke the perriiit: There was a discussion on wlio Ch y pP is liable im.the case of 1%azardots materials+ : , Mrs Wilson said'the t 'to.limit the'storage afhazardous materials. asm�ich as possible'. �' rY ," r ANNING COMMISSION u MINiJTES :a JUIV IO 1 ■ BUTTE CbTJNTY 1'L , 9J9 PAGE' 2m 9 } � J i i t t�"",,�'y�yl,},CWI�:I,FtIGIR%>•i�1DL4i�� A � :JeJw :nl��Ww1N'�Y.M.ihii kiY+%FA(K•+nMiw+i.��} .ww1+++! i^- k'1,LiF..I$1Y��.u%.w IW 44k �:e+1pw.�•-t•,r +"' ! ' r i a gY► onl agrees with the County to hiiiit access e a ri t turn onto Skyway because he He hewould not hk y said afetxeasoriS. onto Skyway fors y Commissioner Zambert asked what hours he w��iild like to fie open. ; WjCennedy said 7:00,4 L to 7:00 p.m. or 7;00 a.m. to 5:00 p:m, The.hearingWas`closed': 10 issueether s that have been raised. 'l . Thz hours of co00 Chairman Leland said there. are a met�Commisshoners He said he would like to leave the time P, J.'' to change ,t 7;OC� a.rn. from 9:00 a.m Cage and Lambert agreed. businesses in the area start at 7:00 a,rn: Commiusoner Mooney said Most: Chairman Leland said issue �is the change in fencing the whole property, or by phases, with slats ad` aceiit .2 to residential: Whether or not to add nursery professional to the landscaping, condition. f that if a professional submits plans, the pians need to be reviewed by a C11 ommissioner Mooney noted professional. He suggested leaving the condition as it is: Chairman Leland said issue, 3 is, th e caretaker: It. Was the consensus to not require a caretaker. XSsue 4 was H e it is the County's the Fir Haven Drive access: He said; this will move traffic onto lFir Haven Dnve: said best way''to handle access. Lambert to add that file applicant main* section of road. Comiriissioner said Ii y g g , ke to see access's Commissioner IVioone said fie vvas wihin to o with Public Works.; He said he would 1' . ` on the east side of the road. ' Coiniriissioner'Cage asked.Mr. Kennedy if it'was possible to'take Cedar t,alce Drive to Dogtown and to tape , their, entrance there, is contiguous to Cedar Lake'Drive. 'He said-t!is. would `"Hct be the best Hilt, Kennedy said there one residence that onto Fir haven Drive+, ossibili He said that would be a Wors6intersection p tY. � � � d about w he then it was reasonable to mo Ve the exit from Skyway to the east on Lambert aske Coinmissio ner Fir Haven. She asked howmany feet was a reasonable distance from the Skyway to, the protect entrance and exist to iiripro ve,:safety and risibility: - Maohe he was willing to. let public Works solve the problem. issioner y said Comm, _ NIr. Wrinkle said the en, try Way Wilt be 50-60 feet off of Skyway for safety iiurposes: There Was a discussion on peopleentering into. the rriini-storage area. tiivironinentalealtli's jurisdiction to �`uridei ground" Chairman el$aid ori Issue 5, they should change Condition Z, ii erging of pa cels. �< sewage disposal 'system The Coiximission agreed issue 6, regarding'the a:discusson on abutter's right. Issue 7 the Commission agreed Ike suggested;leaving it as `is . Thee was, 4 w [7TTE COtJNTy pLANN1NG COMMISSION , m 'MiNiJ'1'.IrS ■ Ji N.B' 10, ;1999 PAGES r B � � f ��r1�. 1 .i ':4 � J iy �� 5 �,� Y y � � i 4' �.' I�l .I Y h .Q' F•C y 4 4 .J, t � + A .�' � )N .y ..y k �, �, f ' :N 777 r.a hX uiy. 1,�;i 0 t" N T ,,: Y'i � M!" �• +t ;CM i.1i A i,p 4 'l xV Y 1 N Y .ir . +; AE'. x � A ,� h , +: � b .Y n �R Fr•'q y. � i.P `' aY y�. A .+ylYl xi. 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Y t r ..... � ,,..v..S,,'.y t �5i y D 1nM1:9• 4 ,:,a N'� 2 a'.t ;n L ,., 5:-i: 7 -�� l y ". ), �. 1 �-..A Y.,{t 1 f;.t r {j , f i �-iW '{ s , iu .9 , .. ¢v� ,^, ,u._:iyS; 5 yi :y:V`a,. , I {{ yy;, .- , ,�: ., d !i 4 Ar � r...�{y:�, t y , rd* •T U"e ;'.v 4j s �' .° �{ j.: y r.v h <, x ,�o.. n ..r., „S � k k'd -l ry�'-'.,., i 11P;.4S•'I '+! rVli�l}! � t :�•. r. ,. .,(i4y 1 � t F r :. a .,.s . q� s• 0y � , 4 bN � {�Y•k�{i�E� �yui?iY'W11liiWD!i!�D7ADA.vaaAl,54 aA.a+sui+bwai�a: ,-}.,+,: �+9t 5u1,...,� L,tt�u+dwiay..,+3a.a+55D 'iSL+..7.,i..u+v .wi.rt 11.- ,.:+_ 1."1,11 � 1, 1. M! new outdoor lights installed: on the site shall be fully shielded",''Lights, shall be directed . dovmw.ard aild contained on-site. Direct light shall not be allowed on adjoining properti:es'and roads. Prior to issuance of°building permits for each development phase, improvement piansshowing, the location and type^ of light f tures'to be inst4od shall be subxiutted to and approved by the Planning (' 77 Division. (1VIlV1) ,rbe, 2, 1pori completion of the first building of each' a six .foot chain link fence painted a flat neutral; '; earth tone color shall be installed arowid the perimeter of the phase being constructed: The fence shall be, installed prior to .the issuance of a Certificate of Occupancy for the first building of hat phase. The fence shall be slatted where adjacent to residences, (WI) 3. landscaping plan prepared by a licensed landscape architect, or` other licensed individual with 1 professional experience in landscape design ;and, installation: The landscaping plan shall be ubb tted to ;and approved by the P,,lann ng Division prior to the issiiane of a T3uildin9 `Permit for any construction, grading or land clearing activities associated with each'phase: The landscaping site plat shaldepict, landscaping,for each hase and shall depict iri ationmethod andlist pant } species, including the location where, they are to be. planted. Front along the skyway and Fir Haven Dnv.e'shall be lnridscaped"to provide a vegetative screen of ufficient height to soften, and as much as, possible, screen the buildings. Native'plant. species, such as incetise cedar, 'are encouraged to be ircoiporated into the vegetative screen and existing. trees on the site should be retained where feasible. The approved landscaping plan shall be irriplemented concurrently with 1 ;each project phase and will be required to be planted prior to the Issuance of a Certificate of , Occupancy for the' first building iii each phase: 1Vleasures shall betaken to control fugitive dust emissions from all road and other civil construction associated w,thproject iinprovernents., Measures may include site and,road watering and/or use of other ,acceptable so_ it palliatives. Dust control measures shall be noted on any aiecessary improvement plans..Questions regarding fiigitive dust control maybe directed to the Biitte County rr Air Quality Management District at phone number (5; 0) 89. Y 2882. (M1VI) Y 5. ;10 hazardous, or explosive materials shall be stored in the storage unit facility, Hazardous materials are defined as any substanceor'inaterial'that, by reason of its toxic,' caustic, corrosive, abrasive, or of an erson ha:n otherwise in�urious,properties; may be detrimental or deleterious to the health y p dung Or.otherwise coming into contact with such material.or substance. Theproperty.owner shall dace language iii the rental agreement far each storage unit stating that storage of hazardous or explosive sti material is prohibited+ prior to ,e, abl' hment of the ;use'; a copy of the proposed rental agreement c ' shall be subnittedto and approved by the Planning Division to verify compliance with the condition.. °` fix• Prepare a Best Management Plan to address erosion control during site preparation and building construction.; The erosion control methods proposed shall bemethods `accepted by lirofessiotial civil r engineering p�actiees and prepared by,a registered civil engineer. The plan shall make provisions to stabilize 411 disturbed soil that is subject to erosion, prior to the onset of the rainy season �, (November 15): Tf 'work is to be clone during the whiter (Nov l5'- April='l5), a temporary erosion control plan shall be established and impleixiented on a daily basis to' provide for interiixi measures for periods grain. The plan shall be 'submitted to the Department of Public i�Jorks .for review and approval. h", Planning Division shall be notified in writing of app"royal of the Best.lVTanageinent Plan, 'No clearing or'larid;clisturb'ance shall take place until the l'lai ring Division has been noaUied " of tlie.approvalif tike Besil 4nagementPlan 4MM} e Bi11 TE COUNTY PLAYVNING COMMIS IQN P MINtb7TES JUNE I e, • M � PAGE 8 r IF t m "��,xy b I ° hA yS r a � t ^y d � � i i � �.:�k ,.1 d :: * n ,.�mr .. vet .,.,,j { db y , �•r � t a j Y. 'u�J 1 �i'(,.�.`' �l ��y,\�Iy'�J��1j.'�'�+ y�y 1,t�,,:y�\` 1 4 '4y,6 l rx � (y}lY!�, l�f�,��T.1t�1.iW}Td.1�7E7LY�SLfi��iG=q����.i.11Fi�11M4 i�1Fl,\+�--"' y,� ��,.1 �� .. wAi�,MFi1:.=.u.A-in4�KPn(11.431ur+H'•'r"^"-r-..�-,..—.-_ �Hrt MF ���IfL2� SFO +?MMwA.�dLG.MiFt� i i. ^. \ p i yW f cl !t J ( 1 v n� i Yii'^rt A x$ 7 r dL •r i'l t v'7.' Vc 4%w la t r 1011 Tr 1S a 3y Y l r K3 Y i p ¢ w. BUTTE: COUNTY PLANNING COMMISSION M][NU'x'vES MAY 27, 1999 ., r t I. PLETIGE OF ALLEGIANCE II. 1�OLL. CALL: PRESENT: "Commissioners Cage, Lambert, Mooney,' and Chairman r Leland, r, ABSENT: Commissioner. Nelson ALSO PitESENT: handy Wilson, Principal Planner 'Dave Doody, Senior Planner Nick Ellena, Chico Enterprise Record x Shane L. Shame,Paradise Planning Co' Issio'n Lynn Richardson, Secretary III. ACGIEI'TANCE OF AGENDA Commission members and staff may request additions, deletions, or changes in the Agenda order. it was moved by Commissioner Mooney, seconded by Commissioner Lambert,"and unanimously carried to y take the hearing for the Feeney Rezone after approval of the itinwes., rI p y 13, 19991. pp for A ri1,22 1999,. and Ivda " iV. MINUTES - Approval of the minutes The approval of the minutes for April 22, 1999, was continued to June 10, 1999. The'approval of the minutes ay for M13,999was continued to Rily:220 109. } PU DIC H[EAItING IT-kMg: This item Was "taken out of order. 9:00 a.mA Feeney Enghieeririg, proposed NegA, We .Deelaratioin with mitigation measures regarding enviranmiental impacts`ari'Rezone to modify a Planned Unit Deyelopinent (PUD),W convert a tennis .court tostorage units and RVparking"for residents of the Eastwood 'Oaks Pi JD, located "at the north end of T oin Pollc Avenue, approximately 500 feet north of East Avenue; Chico. APN 00'7-410-017: '(I.EZ 99-Q5) (DD) - ` Mr. Dood ' ave a brief, summa of the rod_ Y, g ry p" Teatt Chairman Leland asked if there vVi11 beenough open space to meet the requirement if this,open space is taken away; foranotlier'i se- -41 1VIr. Wilson said iliere willstill be`adequate-.open space: He said4hat this,waa originally adopted as He said the open space Was ,flexible; I 'The hearu g was ,opened to the'publlc;' Mr; leeney said 1e was :the're'to answer questrons:' ■ m GE 1 BUTTE COUNTY PLAI�NTNG COMMISSION MTNUTES�MAY 27, 1999 yr �` A , , rl^ .. . y �, . w, ,y Y • r ,. r 4 "° x r 8.,; ,r t w s .' v a tt r " ` ,y .771 . A4 ii4 y.5�ya.�1((� �3IRiL���1FC'4Ii+Mi�i+F? ..^4v I ii• S..`t�`Y:..iF+4+tW.A7s.-'+I��w:al Yli i1 .i .r.f.r >Y w,-n-t:w - � �, t.,, The hearing vas closed. .. l Conuiussioner Laxrxbert sad.tf the open space is flexible, this xs oiie more xeason to support the PUD process ' ' , Y . ,over -'flex lot pioc , � it vas-xnoYed by Coiiumissionex,lVlaoney, seconded by Conr►issionex Lambert; and unanimously, carried to recommend td`the Board a royal to;a modification o�the'PUD for RoberL'and,Donna Wray; REQ 99-OSt pp Q016-4101-0 11 sirbject,to the findings and conditions listed below: hRecominend to the Board of Supervisors to sdopt a Negative Declaration `with the following A: Find that an Initial Study was .completed in cornpltance with the California lJnYironniental° 'i{'{�iV4Y$�W.11YiWFt'Yf1d1YAb4h+k lialxw4AhkM4Y1dGN�iP.CW.?eN ft4rkt.. u-1. 49 iG'w.-.4P=�:,-u+u uu. �..w,w�++•«wwv+e•� - . r 1,- .,VS,J`y i i 1j zoned A-40 (Agricultural 40 acre parcels)`located,on the northwest corner of West Rio Bonito Road F" and Smith Avenuez at 34'15 Smith AVenite, Biggs. (LJP 9947) Chairman Leland stepped down For this ,item and dice Chairman Nelson took over the hearing, Mr: Breedon gave a brief. summary of the project. Staff used the prior initial Study thati was prepared for' #. ;the original 4pplication'for,a stable, etc. -Staff is recorninencimg adoption of the same mitigation measures ; 'that had applied to the boardmg liable with the deletion of Mitigations #1 #3, aiici #4t and modification of I, Mitigations.limiting.construction activities. He described theLot Line Adjustment application. He said' , it would not,create, any ,new parcels, but Mould expand a• :substandard parcel. He said the ;matter `under consideration today•is. for a feed_ store - y Cpmmissioner Mooney said the note at the end of the i7se 'ei�nit, for Coffma""n 'should also be on this Use a' The hearing; was opened,to the public. Aoug Wheeler said his houise.is:on the 2 acre parcel and the store uvili be on the 18 acre parcel: Keri Wheeler -said she is"from an agricultural family. She said she Would.like to have the feed tore in order to stay bonze with leer childrein Vickie S' 1: said she'lives in Biggs and is in favor of this permit.' She said it would,mahe it more convenient for'her' to buy feed. ` Cadie Honan said thus �oitld be good: far children with 4-H animals in the area to buy feed, She 'was in support of the project. Susan Kilter said 'she was in favor of the feed store: ' Fred Gorst said he did not agree that this use, was consistent with the Agricultural Mement, of the General Plan. He asked 'Mr. Breedon to'read Section 3.S and tell him ho - tlus i s:consistent: He stated that a stable is not an allowed use in the Agricultural' Element. l Mrs Breedon read the section and the findings are supported by 6' ' , Board of Supervisors to allow feed stores M agricultural zones, Mr. Gorst said the Agricultural Element and the Land Use Element are inconsistent; He said the Board found this consistent. with the Land Use Element and not the Agricultural Element. He said the Lot 'Line ' Adjustment parcel must ineet.'the code and does -.not In this case, He said ' did root'; agree this should be allowed just because the of is already: substandard,: Vice Chairman Nelson'said the direction 'fromi 'the Board 'was' that a feed store is consistent with the Agricultural Element .as well .as the Land i)s Element, He saidAlie Commission takes its direction frum the B`oard', NZr, Gorst said the stable is not:an agricultural use and that is What the Board based their findings on, He i said if this is allowed, there will be more problems in the fitture. W BUTTE'COUNI'Y`PLANI�ING'COMIvII SIQN ® MINUTES Ap., L 22� 1999 ®PAGE 21i • bw.ww�if.laa.!'S�t.YwiirJ+� NiJt t l+iw.l �i'wJ%'.."•+++�'. ml ^ "•'lM+wnv' i4*4/ ,l7YRk'd1:cl4indF0A.f9i"Nii 'i it ,s .. J +t•2 restrooinsor-site: He suggested the.tank be painted amore muted 'color than white: He explained the traffic' circulat'ion.to tie store. �`1 The hearing was opened to the public. Larry Smahen said he owns the front and rear parcels. He said access is off Skycrest and Highway 701 to ' S} G�oh6ow,Road to the store. He said behind, the store, is the Skycrest access. , ]Bill Snyder said he lives on Skycrest He aid the gas station is a good idea ,,but there will be a problem ' '1 o ld ii afficY He said the traffic will Yi'e increased 'on S crest and the road is in bad condition. He said he, w u like a to' make it.m "ossible to leave the store onto Skycrest Drive. He said fire is a danger. He p .condition , asked fora "condition for a�large water tank to'be added to offset the presence of the gas tanks. l Ie was r' concerned'with an increase of runoff • wl Jack Daneen; said he wouid like to see a stop sign` installed "because there xs `almost 5 roads coining together 7 at one'point: He said hewould like the stop sign coming out,of the driveway that"can be enforced, Hesaid ; he has no objection to the""gas station Gwen Banks said she lives: behind the Dome Store. She said there are seven famtlies m the immediate area. ► She was concerned v`ntli'an increase in the traffic making it hard for the people who live there to get out on „k the road in case of an emergency. She; said. trash is a, problem now and 'she was concerned it would get F worse. , SakeVie Le Dud,discussed the safety of the tank. ' He said the tank will` be very safe; He did not hink ' k 10,000 gallons.of water should b'e placed near;a gas tank. ' Mr $'ettg said that is not acondition of the permit.' The"liearing"was .closed. Commissioner' Mooney asked about configuring the fueling station to have the traffic exit out onto the " Z. CoRoad and Hi hway Highway and not Skycrest: He said a stop or yield sign is a goodidea at the, g , 70 intersection. 1v4r.,Smallen.said he talked. to the County on where the driveway should be located. Conunissioner Lambert said; if possible, the store parking lot should be fenced.to make Skycrestunavailable for'traffic. ' Chairman Leland sale] lie did not think they should "restrict Mr .Smaller ixoarri using Skycrest'; Coriimissioner Lambert said she would also 'like to see a stop sign installed, before exiting onto Concow Road" , MrY parilo 'discussed, Condition #4 regarding the color of the tanks Commissioner Cage 'said. she Would like to see the water tank.requiredlhelp with fire'in the area- before- itgets to t ie tank. ■ TB3 Al,RIli 22 1999'■ PACT 6� ■ BU.1"TE COUNT Y PLANNING CO MiSS1ON MIND P :-! d»\ 2?§\ \� ' ƒ�� � � � � \ . Rit h 1 •9 �(1 �• J 16 i „ i 1 r +. •� t i r 1 +,' 1 { s 3p i t ,.`; Y a t ! r i .' i�:'I I 0} ,(..e l Y y:. 1 N' l'.. rj �' f A,, '� ' i t �P� ,t � p ii( Y� dR K { (PI ! i a; 1 } r J ti} p r { I I Y �a J4h F YI= „ 1 t 1 j' { r Si f6.,k 1 '{.�L14, ', �i ; 1 G"i�,' ( I ,1 �fri tli �Y a i �J It+l. Y�x r r tl� itt µ♦., Aa � �It'.` y p i { 1 t! 7 .`i� y; 9 II J,,, 14.;t.iJ1•wu�i�'l��s�tkMn:lNk'�c'it,td::RYtA�14f+i��:w:'r,�3F1trww^n4kt'Cw�iiaewl,r;. 1:.L'ak.ua.at„r+bw,:..=�iasr........?.,.srJw;..:.o<.:u:,u .._. rte,.,........«�, _ ..a.._ f � Y f 6 ( . - ri , ,. ustrial development, or addition to an Prior to btulchnr� pit issuance for a new commercial or ind 19. .� .x 1. existing development, the apphcaut shallpay all applicable development.fees at the rate in effect at z, the tirrel of acceptance of the application. Such fees may include, but not be' limatecl to: School. Fee, Drainage Fee; Permit and'Plan Checking Fees, Water and;Sewer Service Fees,. a4d Fire Protection ;. Feesi t i iJniorn Paeif c Railroad (Mike Guyer).' -- proposed. Negative: IDeclaa'ation regarding env finer, ; use �°ermnit to allow a 60 -foot tower, with, a 20 -foot antenna and, a communications impacts. and shelter for use by the Union Pacific Railroad ori property zoned "U" ,(Unclassified)."fhe site is { located on the west side Cherokee Road, west of the intersection of'President Hayes Lane and .af Cherokee Road, Cherokee', (UP 99-15) {SB} (VII7E0). A video o%the site. was shown. Mr. Betts gave a brief summary of the project. hairnan Leland asked if this could be coizsidered a pole tower. He asked about putting a, diameter x restriction on;the, pole. ' " own on Exhibit D 'which will be attached to thaDermit, He discussed the falling Betts is shown a Mr. satdthe pole - area of the pole and the potential'that it could fall ori the adjacent property. Coinmissiorier about adding the condition to remove the pole When it is no longer needed Lambert asked. ` t , 3 The hearing was opened to the public. J Mr. Wrinkle Sierra West�Surveying, said they agreewith the conditions. if the road will be done in an erosion proof manner? Coirimissioner Mooney asked I 1VIr,'Wriiilde saIa'the property ownerhas put n a driveway: Toni Hales, Union Pact c representati�re, said the pole folds over, from the noddle. He said the pole is''made r to withstand' 100 mite'�ui hour wind`s. The hearingwas closed. id the could:add a condition to et a Mr. Betts sa' y g grading permit. ,f Xt moved bygmmissioner Nelson, seconded by Coirunissioner Mooney and uriaxnously carried to was adopt.aNegativeDeclarationand•approve" thetTse`peimit:UP 99=15 fort nion�Pa ificRailroad, subjec to conditions listed below adding a new Condition #4 to read All facilities that are not in the findings: and lie removed from the site,., The ite shall be restored to its ' continual use fox a period of six months shall 16 "Prior a use:", renumber, 4 and 5� to 5 and and adl a new •Condition #7 to' read, to original. conditionor take applicant shall contact' the Department, of Public Works to determine if issuance of a building_ permit; a grading permit is necessary and obtain a grading permit, rf recluiredj" 2 IO ®N1INiJTES a APRIL 22 1999 PAGE 101M iBt11"fIr COUNT,, ANNING'COIYrMISS N , 'tgM1f r! f'i Plx'° i. v1 't tq i4 kgAY Fi' a 'I fk ;i R Jtl,. y YI ti ;7�'. C t ' kJry y� n .r r. jP �" (', bV SN 01 J.ni _g hp 'i '.4 !•`.� Il k y° XM1, }}j'Y 1EM tV^9I1 s Adopt a Negative Declaration with "the follcwiririg findings. � � , ' A`: Fuld that an Initial Sturdy was completed in comphame wiih the Fnvironmental ,California Quality Act..Said study identified potential significant environmental effects and includes .{ y mftigatiori measures that would mitigate such ,effects Uelow, significant lev,els; B. The " Planning Coi`iimission has- independently reviewed, analyzed and considered the E proposed Negative Declaration with mitigation izeasures prior; "to malting its decision on the ; proj ect, and hereby finds that the Negative Declaration 's'iith mitigation measures reduces impacts below` levels of sriificance and reflects the independent judgement of `Butte County; h J will not ht ve an i' pact to. fish,aridlor wildlife habitat, and fees are not required pursuant aim Code Section 711.4(d)(3) and 14 CCR 753.5, t � s� ancdt� III'. Approve the Use Permit, UP.99-15, for ir3uori Pacific,Railroad, subject to the conditions found in Rxhibit.A and subj ect, to 'the fot'lowing findings; Aw The' d- use of the property will not impair the 'integrity and character of the zone in, whirr the. land 1ies,'and that the use would' not, be unreasonably incompatible` with, or injun76us. to, sunrouridnng property; 'or detriinenital to the health. safety and general welfare ofthz personsresiding or working in the ixeighborhood or to the general health, welfare and ` safety of the County bee aus_e: 1+ The°coriunun catnons facility will not result in a simificant inefease in vehicle traffic i in the project area. 2. T e. comintt ucations facility will not`cause a significant increase in noise or light ! . 10 Is,; -and will�not create any odors or ffimos. 3 The communications faculty will not be highly visible from �Iighway 70 or from �adjacentparcels due to the�low pro t. of the tower and antenna. B. The project isiconsistent with,the Jnelassified zone which allows c'ommeircial uses with a Use Permit, and is coxisstent with Agricultural -Residential General Plari land use ' cond, Use. desxgna'tnon which allows,utnlntnes as a Se any f r `CONDITIONS O AipPRq AL, PIAhh ngbjyiSion f l .. The tower shall.not exceed sixty (60) feet in height acid shall tie' of a pole; design a`s shown in Exhibit D' in the staff report. Only one (1) vertical antenn, no greater than twenfeet tall shall :be placed on the,tower, Any change in the type of tower, any increase iri the,heightof the tower, oi!,any IL }f addntiorial anteivnas placed on the tower shalt require a new Use Pernut application to be submitted to the Planning bivison and appi'oued bythe Planning Commission; 2.. The location of the tower and communications 'shelter shall 'be in co"mpliance viwith the building setback requirements ofthe::COunty` Zoz h1g Ordinarice. ®BUTTL�CQUITY PLANNING COMMISSION ■ MINUTIJS p APItI 22,1999 d PA:GS 11, :. t�Wb r dwC a .. m t . c• � "A d9c` Yf' t!! �, , 3' A�Iplicant must also comp 1,Y with, all other applicable State and local `statutes, ordinances and relplations. F -A U DPnart hent, 4. All facilities that are not -an continual'u�e for a period of six months shall be removed`fr in the site, } The s/ite. shall be restored to; its -original condition or ase.. aI truction, installafiion or development.of structures or facilities ori the parcel shallcomply with ,the latest C'aliforrua Fire safe Regi}latons; (Pubhc.;Reources Code 4290), and 4110 prapplicable k Sta P atd:County codes, orditi cps and regulations in effect"at the time of application for 4 16 ovement permits: 4 { 6. Prior°to the issuance of building permits obtain encroachment permit for all new or existing driveway approaches and construct them to County standards; as specified M the County �. VS Jmprovernent Standards: 7. Prior to,issuance of a building permit, the applicant shall contact the Department of public.`Works todetermine, if a grading permit is necessary and obtain a grading perriiit, if "required. Yuba' Fea'tlher HistoricaD Associaon - (Item determined to be Categorically Exempt from environmental review) Vise Permyt-to allow a 3'84 sqi ft replica of a Gothic revival chapel at the "Yuba Feaffta, Viuseum on property zoned "U" (Unclassified): The project is: located at the Yuba - Feather Museum;.at.19096 New York.Flat Road; porbestown._ (UP' 99=18) (SB) (VIDEO)_ A video of .`the site was shown. Mr. setts gaffe a brief summary of the protect: Commissio iei Mooney said there is a 1 occupancy. 6f-'2.,9 people for the church: He said they will ruri into problems with the building Division"in building this replica. Commissioner Lembert said with the problems related to building this; 'there could be a problem holding smallwe ddirigs. f , Chairman Ireland is 4 the Building Division would take care of the problems.. _ i The hearing was opened'. to the public..' $i11 Warren said lie has discussed this with the Building Division and there will be some general exceptions; He raid this is just a replica; Scott Lawreri "0 Feather'River Recreatton and parks District, said he'suppoffs this request. ` Marjory lVloore said this is a nice park, Elie said with the act�vi"ty at the park, chug. use iri the area is down; She. said the park attractspeople'from all ov'e'r She;said schools tnal�e trips to the museum and parr. Slee $aid they afire open from MI emorial Day to Labor Day. E e bUTTE COUNTY PLANNING COMIVII$SION .r MINUTES ■APRIL n'' 1,000 is PAGE 110 M X:7,1, <<. . .. .. ., ... ,....._..,_.u.L.,Sael.Ln. .Sd.u�,,.,...rxr .a.nm-wo-'n. iw;;tG.,!'x41K;"'b.;k., _ si. ,'- 3><_i Li� [:7� •;_RP . , jT�l e'M it r�t °The,heanng;was closed. IVir. Betts reconunerided adding the standard condition regarding addressing, under the Fire Conditions. It vias movedby Commissioner Mooney; seconded by Commissioner Cage, and unanimously carried to find ' review and approve' Use Permit_99 ,18 for the to oncall Exem t from environmental that the projectis Ca , g y P . #o the'findings and conditions listed below, adding anew Yuba Feather I-T�istorieal Association subject "Building identification and/or addresses shall`be installed in conformance with Public Condition #6'to,read; Resources Cade° 4290 an shall be posted at .the beginning of °building construction and maintained 1. continuously thereafter: ' Rentunber G to 7. I.. Firid that the project is Categorically exempt from environmental reviewunder atlass 3 Exemption. }i Use Pernut 99-1g for the Yuba Feather Historical Association, subject to the conditions II A prove f und`in Exhibit°A and subject to the following findings: f. A: ' : proposed use of thepropertywill not impair the integrity and characfier of the zone in ,The which the' land lies, and that the use would not be unreasonably incompatible with, or to th al are in�rious to, surrounding property, or detrimental e',health, safety and generwelf the health, welfare'and; of the persons residing or working in the.rieighborhood, or'to general safety of the County because:' '1. The proposed chapel will not cause a significant increase in vehicle traffic. 2: The. chapel use will not cause a significant increase in mise levels, 'Ihere,is sufficient on-site parlang spaces for visitors to the chapel and,for weddings held in. the chapel. $, The is consistent with the Unclassified zone which allows quasi-ppb1ic uses with a project Use, Permit; and is consistent with Agricultural Residential General'1ai� land use, designation which'allo , s a quasi -public. use as a Secondary Use: CONlDITIO1vS OF "PII�CD�AL Planni� iyiGion r lights installed` for the chapel use sl 'be, fully shielded to prevent glare on adjacent 1. All outside 141 parcels. 2. r App lieant must also comply with, all other applicable;State and local statutes, ordinances and regulations: ' ' �jilclin Division 3, friar to building perm fi issuance the applicant shall pay all applicable development fees at fihe r"ate in effect at the time of acceptance of the ;application. Such fees"may include, but not be limited to. Lees, and Lire i School'Fee, Drainage Fee,' Permiti Checking Fees, Water and Sewer Service Protection Leen a BUTTE COUNTY PLA:NNf o) C OIVIINISSION �' 1VIINUTS APRIL 22,1999 PAGE 133®" ?� a.. ,_..,. r.,.._«... .,. .... ... . __.� .._:�,�,a9.. •,� k -+N....0v .»'kt9 fps.. :Y,x't�45A+41�g1fi+w'-hl�ki�,NNFF4k1U+iitliW7G416.Y}ka++IiJ'u.:e'ak,>.Tr,'...,I t c _ i+ut,:t.w,.�.n.+w�...n� _-77»•r'^,••,^.•^}- '^--^r^^—.-^'F R;y+ 'sf drivewa A. Poor: to issuance of building, permits obtain an encroachment permit for the exx xng y approach at the museum: Construct the driveway; approach to. County standards, as specified in ` 5 County Iiriproveent Standards. EiTe.,D artment 5:CoristructioA installation or development of,stmctures or, facilities on the parcel shall toritply with . the latest California Fire Safe Regtilatonsr (Public, Resources Code 4290), and all other applicable" State and'Cotinty codes, ordinances and regulations in effect at the time of application for unprovement perriuts.; 6.. Building identicatiori and/or addresses, shall be installed in conformance With Public Resources Code29Q and shah ,be posted 'at the beginning of `building coristruotiori and maintained, t continuously thereafter., viro mental ;3ealth 7; Restroocilities shalt be brovided for weddings or special functiori5 held in the chapel: I£ the m fa restroom facilities in the iiiuseuni are not available, portable chemical toilets shall Ue provided ata , ratio Ofori6 toilet for each 50 people, tt Bert L. Coffiteaia; tem determined to be Categorically Exempt from environmental revieW)'Minor' Use Peranit for a.permanent second dwelling unit en property zoned TM -5 (Timber Mountain 5' acre parcels). The property is located on the east-sIeof Cohasset Road; approximately 400 feet no of.Hollow )ak Lane, Cohasset: (MIJP99-07) Mr: be: s gave a: brief sump-ary+of the project: There was no video. I4 said thus project is located within the Cohasset Plau;area. He said the structures `must be 60 feet apart or the garage must to attached: Chairman Leland discussed eaali house being ori a separate parcel if the lot is' split: The hearing was openedi to the pubhe, ' Bert'CoMnan said h-- agreed with the conditions: He said„the parcel is part of a family estate and lie plans to kee, "it that Way: Tlie hearing Was closed: It ;rwas moved by Cotrimissioner Nilson; seconded by Commissioner Lambert, sand unanimously caixled to : t find that `the proj ect is Categorically Exempt frons environmental review and approve the Minor t7se Pernut, .: MUP , , Coffman sub'ect to the findings and conditions listed below: 99=Q7 for $ert L. I.Find that flee project is Categorically Exemtit from environnnental;xeview under a Class 3 .Exemption' ' °' e I3UT1`$ COUNTY.PLA NIN&COMINISSION 'r IvIIINU' 15, ■.APRIL 22;1999' ®PAGE 14N K 7, ai rj I Find that the projeck is Categorically exempt from' envi�conmeintal revxew `under a Clas§'8 E'xemptiori f A, Approve Minot' ICJse Permit 50-01, ,for Ramiro Medraiio on APN 02-773"-00,8, subs ect 16c,the Y coed_ itioris`f6und`'i Exhibit A and subaectto the following findings. n The .r.o.,pposed location;`size"aofthe rosed use, isrsp randm erain h .aracterstcs accordance with'tho purpose of Chapter 2' ,of the Butte County Code, tlie'purpose of,the ,f r zone in which the .site is .located, the Butte County General Plan, and the development " policies and standards of the, County; and ' B. The proposed location;; size, design, ;arid operating characte'ri'stics of the proposed use will be compatible "with and will riot adversely affect, be detrimental to adjacent use`s, res dentsbuildings; structures or natural resources, with consider'atjo given to: l . Harmony in scale, bulli, coverage an density; 2. The availability of public facilities, services and utilities; 3.' " -", The liarrtiful e'f'fect, if any, upon desirable neighborhood character; ` The generation of 4xaffic and the capacity and physical character of h surrounding streets; ` 5, The suitability of the site for the type and intensity of use ot developme�xt which is proposed; Any other relevant :,mpact of the proposed use. r t o C. The proposed location, size' design; and operating characteristics of the proposed ixsa and the conditions under, which'it will be operated or maintained will not.be detrimental to the public health; safety and general welfare, or;injurious to properties or improveinents u. the vicinity;' D, t. j6 proposed use will comply with each of the applicable:provisoris of Chapter 24, Section t a , 280, �of the Butte County Code'. 0*i 4tlonis of Approval+ 1, The= second dwelling unit shall not exceed 1,200' square feet. 2: Providetwo addtional'off-street parking spaces. 3. An attached or detached garage or carport with a maximum extenor, dimension of 20' feet by 24 feet is, permitted. Said gauge riiay be: constructed with the seco1.d dwelling or iri the future without an amendment to the terms of this permit:',' 4. Adequate sewer and potable water facilities shall be provided under permit as determined by tho'Butte County EnviYonmenta114": elth Division, . 5, Either the existing single family dwelling or,the' Second Unit shift be. owner occupied. Certificat oh of ownership shall be required prior to'permit issuance and annually thereafter by submittal of a declaration in a form specified by the Director of Development Services Io r designee. i� BUTTE Q6, , " T" I'LANTONCi'COMIvIISSIOYV ® MINUTES k APRIL 11 1000, PAGE 170 #pp41� 1� ,I- 1­� All" X '0 MI k. X Vv� . ............ 61i t Au I diwadditionaldwellih Inoyboapprqwed� p, p6rmitg for ,ss 4 Use Permit granted: by the Planning' Ou"Iliding,iderititi6ati6n'-and/or'addiesges::§halI 46 installed, in'conformance with Public building construction awit Resources C of buib so, oda 4156, e posted the beginning V.: ,.Ij maintained conthitiouslytheteaft6f. at least 10: feet, wide and With A: vertical , 8. Pkm4de an, all we4t oh'!r ac. of 15 , feet _ppund fireapparatus toall structures. tli�at will,accoftimod'ate; a40,00' —1- shall, comply, with all other' applicable I state � and 1,ocalregulatiorm federal, Applicant �A Icible.- I t AAL. AUSINE,S$ ThIs" section of agenda is to be, utihted bp, the P/Oftoi Commission Vilt, GEN IV I I - - I I- I op"items -which and, of j, of, fidae&t, getteeal discussion,fior an Devolqpqfiont,�&ry Services k the C'6m io t St, directed -id c4olay off W beery dieec e o do at , ho, en_ bring bac t ' o M Ion. lt,�Mq, Aj"P" ed at, every h but wiffai be listed as part of the agenda, 141w.gysbe address hearing, nin ate, A. Gencral P16WZo ja Ordinance, Upd, B. Legislative Case Law Updatd C. Planning, Commission -cussed mple:xneritati cultural Element and Mr, Parilo. dig I on of Agricultural a future. workshop. gn, Coimissi6ftbrCAge:sad,�idr'sh Wdbe discusge-d.wi6th AgrcuItural Elemet P,anl6 discussed review of th'e Agricultural E,leffient,Wiffithe,Commission and lowit relates t6 theothor tionients Hegaidthey internal consistency issues'. C'onimissiorerLambeit8�id,A 1S.important asa,base Courtly and without wateryoudoriot . r,needs to!beiipartof the,Agrii�, Element. have agriculture acid water men:t Nlx.''P,afflobn­ efty disc hafheWd ldlike� see `*BenotalPlAn, ussed,W to M, t; ' (qmmIgsi6jiet:Iamb "'rt �ga­ idthey W& discuss preserving,th types of so tot agricultural: isnq,4sa c d cum W96 Commissioner Moo,40, y s , aid,the Generalpla,ifl_ t t Ia. 0 614 it grows: w rr ant a,worksho. Ike. suggested th .Chairman ,teldnd,did nbttiink they had' atopic narrowvpnou o olunipsionertread the Agn Ituf I Element. Gorninrssioner Lambert suggested -de-fi.nitton off agsicultural soil: q 3 0 a.m. instea, d .Ofq. hairmantotft4said �041I-kP, .-rPOting8jo.,bep blis e at ■ T9 Y, P11 IN ;2 1999 WTAP&j COMMISSIPP OWL A '_ -_ ­ _I_- N VT C f4N Q 1 :A=.' w^ ' . ^^^ r t ,{3{ r.Dt�arC•-.�:,..i;�.Wa+}�w�W,i 4tr3'It 4NyrsN,Yj4ro y'- u4l;. 1 F.4•Af 51i t f 11 Jai {� l Aj w 1 By oii the next agenda to change the xreetmg time" from 9:p0 t, uA There Was a discussion on:puttmg tke Lads fax discussion items and a.i i to 9:30 a xn Thexeiwas a'brief cliscussion,on' starting the meeting at ,9100 a m. hav�x► the ngs s6 at 9'30 a:m. g publicrhear on the next agenda'fo'r possyble reisiors to'tte By -haws It'vuas tf�e consensix$ to put,,tlus'item WJO n Comm�ssi�ii adjourned at 12:22 p xn There be' no 'farther business the>PWmi, g g , /) �ry y� $qtr s t#!f t ■ �+"u ,ter l�."."ti� f✓ J:\WPDQCS�lYIII`I 'i'ESU'C0422.99 2 r ira: t •, kl t %{r {t j. i f 1 jo x q���'. GQIvIM15510N E& `1 APitIL 22, I59919i �I i BUTTE CQUNTY PL,�1N�i�G �a r t;:,'rk FIRM - t1%;, P i .� ;MM1 r li ■ BUT I E bUN TY'PI.ANNTNG G 11VfMISSI01 . �? I1NLl'TES Of APRIL; 9" .1999 ■ PAGE X p i { wh+1, i , �{ vI. k,f C,,: , ° "�N, , (i'. r , Syx n.Mf;.:1, .La.. k,+i,-..:I�b l Ju'.'H,`PM tr. 4'4,.Mrx�k +,.r _. ;'t� �sn_Hr�fw!�1_xr. ai.,, �, �,e .M. •..,=t Ai.:'.•i{ , T�.��. I Vh`:ti 1 Yyl4 M . ibi ! �:L,` W r' Mi a:r .f t', 1f{k . �I } M.I.i 7 i iT"�l r` ., ':�M a v s. n. , rt r, y°.1; ,.i. ,• ti; . 7 ,y, " iii 5' al•w,., {4 � � .''` '„ �. d +y ro' tf r ' a {� r;d: , t { sp�,ga,�;, { j' is 9 �, " f } y ,, lb yr; is , .,,.,>:i` .r:; r r;p•,; , ,' ?:.WA4 ; ,il l� , q..Hl jou S.( �, ,t, � r' .r5.;, �. •5�, j i I.ir,1 J , 4..d�, 1 .. r Y r.. i q, fi ..s: ry / '+lt 4 P 91 �f"•a2 f ...Wyy�; ffi(�x<�i•;``yya 1A{yqP,,, ',4,,i �. �' a:. IyM � �». :,!,�.'�.i y�"tq }..dl't h: p..y Y `�,t end ;is " ",e:� iyt M iP r {,"o i ti, air t i✓r �. 1. I G .YI i�.d the sequence of events iii this matter, He I"�ir Wilson pave a�,. of summary and submitted .a merno giving doted that the building permits were issued before the final Use Permit was'issued: He said thP,applicant can submit a rnotlification application to ohange the lighting and striping conditions. I3e said Pac Bell ,has t ` ~` ` M j not conimentea on moving the tc►wer: He said a condition was added by the Cornin ssion which addressed a,steady light that nief.FAA xequirernents; e. sai staff found out .from Pac Bell's representative that FAA does not recognize a steady light; and that is why Pao Bellpiit in a flashuig light, Pac Bell'has changed the tight to aste'ady,light which may riot meet the FAA reguirerrients. B'rref discussion on shielding,' He said ; the shielding could be put on the .light at this time and not violate the condition o£ approval as written. He :;aid the conditions on;lighting anti stripiixg were eCommended by ALUC:'4, Ier11`✓IcCabe, lleputy County Counsel, said as to whether or not there isl a violation of the permit; there were two technical violations One was on the ti' of the issuance o£the Uurlding pernirt and proceeding to: do the Work before the.Use Permit was issued; and the light being flashing when the corrditYon;said steady. 'The flashing light has been carrected to a" steady light, 'He said on the timing issue fechrically there is a violation of ±he terms of'the Use Permit, but the remedy that is provided'in tha Code is fo notify the' applicant of the problem,:and give thein air opportunity to cure it. 'Basically Pac Bell lhas done everything °they could to get r . the Use Permit:`, This is'no the type; o£ violation that would lead to a revocation heaxirig. The Commission acted to approve, the applicants are in compliance with the conditions'with the exception o£ the furring; acid the on y'wav to coxa that is` to, get the permit. Chairman Leland, asked 'if inaccurate information from Pao Bell was provided concerning federal regulations, is that a basis to; revoYe the permit?' Mr, McCabe said no. Commissioner Nelson asked if Counset is saying there is nothing the Commission can do about this { .situation? Mr. McCabe said i£thEre had been -a question on the law, there were other ways for the'ommission to get answers; He said q,action the Commission tool[ Wag within the bounds of their discretiUr ; He said Federal , law has not preempted local authority'regardmi — "A e placement of towers. He said if the Commission was told the _to grant the perini.t, and acted in reliance on that, it would have been a y had no .discXetion and had f , good reason for someone to Erle air appeal; which was not done.. He said admirsshativelythere is not ii way for the Commission to address it :znd overturn the decision. Conuiiissioner 1Vfooney asked if the building permit had been finaled. NIr Wilson said he did riot lMow. i Chair7rtan.Leland said there area lot of questions, one of which is the credibility of Pac dell iii g' wing legal interpretations;; He sard.lie did not ;thiel: that was an issue today, He said they areworking ori a Dell tower ordinance.' the tail se, edr le a future Conimissrorier Nelson said even though: they can not have a hearing today, y l earing; Her said this is , affecting a lot cif people iii the neighborhood `arid will affect the future' R" 1 neighborhood,as well: Commissioner Lambert asited staff to check the tape on requiring shielding of the light: She asked if they want,to make'changes on the lights and striping; does't takea new hearing? _ �' BiJTTE CfltJN'�Y' PLANNTNCi COMMISSrON' MINU SES e APRIC: 8, f 999 PAGE1 2 9 t i {� � d,,! jT' M41.AW 10 '.AFF., R M7, 7717 f/('/'''", J A h7: 4 ' pit WAs '9 Mr.' 1VIcCabe said yes, on the striping, but not ori. shielding the light, He said that can be done now, if "Pac d the light'. wants to voluntarily shtel _ g � , Be.. -' Commissionez`Lam Prt asked what basis the Commission has tore -hear t1us, other,than to change conditions; g Parilb explained that the Commission does not Have th,e authorizatiotr to initiate a Bearing; to modify tl�e: P ?. conditions, jIhat would need to be done by the applicant: Ed Palmeri{i City of Chico Planning, said the city did com nerit on this project .on aesthetics. Chairm Leland u ested the .Commission hear from the ublic aria then discuss their o `tions. an gg p p ; The dtscuss ton was opened to the public. Elizabeth Rudnick, representative of Pad Bell, said she would like to be the last, speaker. She said she was 4 hereto listen. to.options and try; to solve the problems, She said P'ac Bell is willing tc shield the light; T�oug Perske said lie feels they"Have been railroaded. He said tt,is the tower that is the problem, not just the ' g ' g g' pry g g of,this tower. He said with so light and stripping, Pie`satd they are not 06 to the u t . in .to et';rid o many irregtYlanties tlus should be reopened. for hearing to revoke the permit. . David Brand said he was not at the last hearing. He said if the Commission was given false information it should be grounds to. revoke the permit. He said lie has never seen a tower this tall. He said the tower lowers`his property value, He said it needs to be in another location: Chris Perske said presently the Commssion.has been lied to and tnaniptilated and this is a gross tniscartiage of the puble oust. She said currently the issue is that there is no valid Use Permit far the tower. She said y if Pa Bell'; was a: private industry, they would not be allowed to build this tower without the final Ilse Permit: She said this tower is a monstrosity, She said in reviewing the file there is an analysis of alternative sites; and this tower is an tndL' trial,use placed tn' W esident' 'area She said that the: Commission_ should use any legal means to have. another hearing and work with Pac' Bell to come up with an alternative site. She,'said' the County should. make their policies on cell towers retroactive It isnot just her property values h° that are affected Sha said tt is not the fight or the stripping: She 'said it feels like the Cormnission is trying to appease `the residents, but it is the location of the tower, She said they are concerned "with the types of _ uses' this approval cool attract iri the ;future. She said she wants to make a sane appeal to the Plantimg Commission to do tlxeir job and uphold the public trust. Kerry Rippon diseussed their future. She said sh&had planned to live oil Mcdposa fora longtime, but feels this„has been,taking away frorrt'her. She said, flus was inverse condemnation of her property. She said Pac Bell has n, t come out to her ro eias she offered She said this tower f is .,under the nuisance ordinance.. P p "tl' 4a She;submitted a petition against the tower, She said; one of the neighbor's littsband, who is a pilot, say this rf to a rest entta .area, She sat s ie. ee 'Ltower is , angerous, She. said, Pac Bell does not need a ;'tower ` s d' somethi g ..can be done'to move this tower. Chairman Leland asked''if there was a question of leaving the light shielded; or, removing the light, which �R W6e uld she agreVe Ms, Rippon neither. She satd'the to'wer,rieeds to be removed': Slte said Pad $ell offered to plant trees ori ller property. She said trees will not grow to the height of this tower; „ e NN1NG COIvYMISION ■ M BUTTE COUNTY P.GA _ INUTI?S APRIL 8, 199: •PAGE 3e 1 maucvw?<:�kPa..,wv.w.rv.a..n.w..,.-... ...._r^-^•--, — ' 3r3�,f11.:1x.�d.iiEL'i1�.wwSS.,<wsugn.e�-��.�.9rw rx.•J,"::,. .......�'.....,ra ,' `- .; 9 ,Tom Hannon<said the,purpose of the tower is to"provide cell'service, He asked liow much micro waves will -` 2 this tower put out into the residential neighborhood7 . 4Ghairrnaii Leland. said they did. have testiniiony regarding radiation and micro Waves and were told this 5Would not'lie a pr.,ob10M 7 Commissioner Nelson said they were told the radiation study was •done ;and ,radi anon was no, liarinful. He 8 this iss. said federal'1aw preempts local;laws on ue � 1 Q iy' Marcia lean 2527: `posa, said she was, mg something co this or She�said"the �. Melfi p' uld be done anaulem 11 Potheir,�comm tower is huge, `She `said it`lowers her property, value. She said flus is area problem unity. 12 ;Sipe said she was willing to do whatever it took to get this tower moved.' r ` 14 H arold,Caklson said Pac Bell should Piot have built flus tower wthouf a finalUse Permit: He said rias 1, 5 everyone affected by.this tower ;was notified of the ;hearing. He"said they were' already'told' there are no 1 fi" alfiernatiye,sites He saidnnless the Commission recommends that �'ac Bell resolve this issue, nothiin'g will - 1;7 happen. He said mast people do not understand the appeal period. 19 Ms, ilippon said she also wants to stress that there is interference in her, home The tower is interfering' with 2G,; lner phone, TV and other appliances including her answering nzacyirie. Slee• said the answering macluxle is 21 far their business. She said the interference is increasing. "She wanted to know i£ Pac Bell wound come out 22 and test for interference? ' 23 24 - 1VIs.12udniek said that'it as Pac Be11's',position that,:when they started the procedure; Bearings were held, 25. testimony was taken, .the application was approved; the appeal period was over. She apologized for tlne , 26 �innpacts to the Planning"Divislq and Building Division for not following the proper procedure on putting 27 up the tower early, She asked that this permit not be re -opened for a public hearing: She said the real fissile now the tower looks today. 'She said they are. willing to modify the permit ori the conditions for the, 29,lighting aid painting axnly. G 311, Commissioner Lambert again asked Ms. Rudnick if she wound; agree,i, shielding the light even iF no 32 additional action is"taken aridher-re.sponse 83 34 Chairnlari Nelsari asked f pac Bell hay .ever gore in and moved a tower'because they made a mistake and 36. have: mpacted. a.neighborhood.' �, 37' 1Vis. Rudnick said #hey have never re=located a tower; She said this would be a large financial impact, She 38 ovm the tow ould be extrein' ex'ensive . said tine cost of m er w Y l� g ' 40 Comi iissioner Nelson,said this tower'a#feet's the area oriel future: residents in this area. . 41 42 Coiumissioner "Mooney'asl: her what Pac Bell would do'if the County says no Powers over 30 feet in a 43• residential. atea? 44' 45. 1VIs: Rudnick Said, thd' re would be a lot of sxrialLtowers,pl u, in, 40:g ft 4T Cotrimissi�iner.Lanbert aid.shewouldYikea�fi e�bnthecost`o£removinth ese towers, She asked i£Pac types? 4$ Be1l.always °installs mono poles instead o£ a> lattice type,oir :other 49 s'BU r`I'E COUNTY PLANNING COMMISSION ■ MINUTES" APRIL 8t 1999 ■PAGE 4 ■ e' CC f ; e Hyl e.r� t , � �+prv� e m1 P�i — - rs"rr�+�w4wu4F.:u.++'+YJ� .i.HF�r,-,-.=' ' n1a+-dlili:uiu'L+pAl>•:an45a`k�IF7M3�+0.'li+.�+5+1r1+Y�`J4... .," J Y f 1 COrnmxsSlOoer, hTelson said he.would'like staff to ut in�tli p _ e ordinance ,to discus's the `amortization paragraph S 2" to eliminate to�?Vers in so many years. .; 4 1VIr, Pardo said he will work with Pac Bell on shielding the light. 5 y 8' Iintte County Mpartment .of Public Woxks _ proposed Negative Declaration' with mitigation s ' measures:regarding` enviroxunental impacts ,arid lteclanaation Plan for a pre-existing 44 acre gravel 10 mine on property zoned P -O (Public - Quasi -Public). The property is located northeast of the City 11 of Gridley; `south of axad adjacenf to A. &6 Avenue, Gridley: (IVITN 99-01) (DB)., r 13 Mr; Breedon gave a brief summary of the prglect, ;He said the application is,for a Reclamation Plan only..' , 14 He said the mine has been in existence fob over 25 yeai-s;; He..described the proposed reclamation design. 15 He said the General Plan on the Initial Study should read Orchard and Field Crops. He rioted that lie mine ,r 16 site xs not separated from the river by, a,"leve6. He said this applicant is for Public 'Works E ,, 17 to comply with SMAXtA regulations; 19 Commissioner 71if oon said if'this application was from. a p vate enteirprise there would be a water study 0 uxred, I -1e sa re ' id not q i e a ee there is a level, el playing field with the public and pn - e'sectors. : 22 The>hearing,waS0 ened to. the public. 23 24 Mike 'Cramp, Director sof Public Works, said he is in agreeriient witl the conditions. He said this is an Y 25 existing mine that is used for graveling roads and far rock in an emergency, He said they'work the mine 4 26 every,year for road base. lie said they use the resources as necessary. Ike said`there is no cgminercial sale 27 of the rock. "FI e said they are setting the benches at one foot above the water line. 2$ 2.9 Comxnissxoner lYiooneyasked if they were going to bring in a rock crusher? 30 31 IVIr. Crump said they would have to contract.with a crusher to do that. p `32 33 Coiiimissioner Lambert asked if the Mining Committee's concerns are incorporated in the Reclamation Plan,, 34 She said the Mining'Committee NCO etiled an PIR for ruining toxic materials, etc: from their'minutes 35 of 12-2.38: 36 3? 1VIr. Crurnp'said this is a long standing existing mune and there are xio toxmaterials aterials being mined Re, said 38 this hearing is fora Reclamation Plan orxlyh He sa�d'a Reclairiation Plan shows what the area will look like 39 whe 't ip mining operation is done; so a lot of the 1Vlming'Cornxnittee'soon ce pis were not addressed. 40 ` 41 Cominxssioner Nelsori'pointed'out that this is not a `commercial operation, and is Mil Used once or ice Y tWx� 42 a year when_ needed. ' 43I 44' Chairman Leland said tle. criferxa and tandards are the s ' ame. 451 46 Mr. Crump: said the Reclamation. Plan: is based on County's and State's'xnoclels, ;' b 47: BUTS E ;COUNTY PI,A . NNI�JG,COrVIlV1ISSI0Ni'MINTJTS APRtL:8, 1999 m Pk 04w,,.,,y, 71 {' 'n°T11t # h F lll'.'YM}yy'+-yiy'iR�t �._.�y1KM 4 yµpppyt(y .,.wMr 4 ply �p� 77777 �4 .i '� }., , } e r. E 1, y i P S YE y k 114 s §,t it C} 1 "a ,1 L r' S4 4 r lar^ 1 r t 4 51 `. �q qv, iq , •� , ... y YI SI �. b � ° Eu, 7 � rt.: t� , 5 � r' t _ , `` ��, k 4f E t '. it �l r,V 4 t�� IY Y' L I y ; Y16, ,i t u I ➢ '` t '°,i, .",. . a 4 ' :,. t 1j .1qtr �..•i 4 t i 'a E .a.'n t° .::: 4 t rt, '. I Y�h, i 4V� v.y.. ; .e1G'S9�Iiak.:.tiw.:it4dw'�»rra>'&ul�a ..tti+%•au.u.w.+•+e�•.z+7 rxwulawy.ti,R-w..ueAEli� s 1 ' Mario ;Duarte,. 'resident of, Almond Avenue; said this rock pit is, mined with'heavy equipment and. is ky 2, dangerous to children in the area, He said there will be a problem with the 'water. table. He said the road is . k 3 in bad. shape and will not accomrnodat e°two way traffic. 4,. 5 John Palmer said they do not want the pit there at all,; He said the. trucks ax , ruining the road. He said he 6 is concerned there will be a park fox the public when this is done; and he was against that. He said there are 7 a lot of people comuig info the area aid dimpmg, trash now; a park would make_ matters worse.8. 9 Chairman Leland said they are, only talking about. the Reclamation Plan. 1'he mining operation is a 10 grandfathered use. 12 Commissioner Nelson gal ad County has had the use of this it for:over 25 years, and the pit is not, under 13 ° y ty nbines this area, discussion. He said the State ga s the Coles . needs a' Reclamation Plan after it j 14 15 Mr. Palmer said the problem is if`tlris isrnade into a park. He said the trucks are fine, if'the operation stays 16 the size it is now: 1`7' 18 Commissioner Mooney said Public Works should have to.restore'the road also, i 10 0 - Mr. Breedrn,said the land is scheduled to be given to the Department of wish and Game to be used as a 21 wildlife area: He'said the land to the east.and north is owned by the State. 23 Mr, Palmer, said the land it this area is being used as a dump and campground: He said he did not Want the l� 24 area developed: 25' 26 Comriissioner Lamb ert asked if`tly Reclamation Plan will expand the operation that its grandfathered in, 'l7 She said now they;are taking out 22,000, ton of rock and the Reclamation Plan calls for 20,000 tons to be r' 2$ extracted: 29 ' 3 , g Commissioner NNelson said the rntent is to restore the land�to what it was before the rr rnm .' 3,1 32 ' will remain basicallythe same 'the area has ex anded t o the pro vert" ; lines. Mr. Bree'do -said the o eration � p p p y P. �I • .life 33 . . - e io a is ra osed far wild habitat: He said th rLy p. ,. p 34 3$ Mr, Grump said the mine was there before 1976 when the County started regulating mines. He said lie does 36 not have plans at this tirrie to increase production. He said' all. the rock is mined for use by the County. 37 38, Com riissianer Mooney said he _sees this as an open door to increase the,operation. 39 40 1VIr. Gussicic Alrriond Avenueo said he can not deal with the County, He said he has seen trucks take tock; '41 out. of the area that' Wdto tiot-Courity trucks. He said thzs is a rough"road. He asked what happens to the road 42 and. water supply if a rock .crusher is brought in' He said they need an Elk. He said they need to do 43:,something about the operation.:' 44 45 Mr, puarte ;said they need to take care of the problems thai exist now, not to worry about the future. 46 47 'the hearing was closed. q 48 40 Chairman Leland gaid he was inelme, , _o approve this, "request as proposed. 7A a BUTTE COUNT X PLAIVNiNG COIvT1yI SSION. NIINLJTES a APRIL 8, 1999 PAGE Y , „ t wr Fln.aaum w++.mrv« wul M+s+u+ru-�nnY.een.. .ww+e«r>Fwrw.�a.....—. A ' �u 1 G)mrnissiofer Mooney said he'was inclined to oppose this until there is a ground v✓ater study: 140, said i 2 this was a private person, a ground.watex study°would have been required;before it, came: to the Commission.: 4 CommissiorierNelson asked Conimic^toner Mooney if he was willing�to tet the mine ope"ration gr► ahead' y 5 acid then have the Countywalk off, and leave it, withno rectaination7 " y ee the ro'ect and he wan Commissioner Mooney said no , he wants to s p j is a water study ,done. "t ` 9 Commissioner I:ambert said if there is a new operation, alt this could be addressed, but this is a review 'of . 1.0 ttie Reclamation Plan only, r,r . vtjas moved by Commissioner Nelson, seconded by Chairman IWelanci, and carried to' approve the 13 Reclamation,Plan and"Vlitgated;Negative Derlara"tion subject to the findings and coziditions listed below. , 1.4 15 Commissioner Lainbert.said she was hesitant fio approve this; but will vote. yes. She said she does not want 16 to use `this `at,proval to say they will go light on:the next new operation. 17 , Adopt the proposed lVlitigated Negative Declaration with the fo'lltwin � ,'findings: I , � 20 A. An Initial Study was completed in compliance with the'Califorma Ent ironmental Quality° Z1 Act'identifyingpotcntially significant environmental effects that the project may Dave. The 22 design of the project, and mitigations added to the project as shown in 1✓xhibit "A" 23 Conditions_ #3 - 5', will inifiigate such effects to a level of insignificance. 24 25 II: Approve a "de minimus" exemption to the collection of ,Department of Fis i. and Game Ei_iv roriiriental Filing Fees.' The desigfi o£ the proposed project improvement�> will not cause envronmentat damage to fish and wildlife or their habitat. 2a 29 ' IIT. Approve R6c91 ' iation Plan 99-01 � subj ect to the conditions listed with the following findings: Y `3Q , 31 ' A# The proposed use of the property will not impair the integrity and character of 'tlie zone tri 32 - = which the:land'lies, and that the use would riots;be unreasonably incompatible with, or 33. Injuioiis to, surrotuiding properties, or' detrimental to the health, safety, and general welfare f " 34 of fihe per°sous residing or working in the neighborhood, or to the, general health, welfare, and. 35 safety offihe'County as supported by'the Following: 36 37 1. The reclamation proposed.shall be in accordance with'the approved Re6lamation' 38, an. and coiifonris toahe'reclamatioristondards contained m;the;Surface Mining and 39 " ' ' Reclamation Act, 41 Z. Adoption of Butte County Planning division Conditions #1 -1 t and Envirorirfieiital;° 42. Health Division Condition #12 will further protect the integrity andcharacter of the` 43 ' abl' o lJ e unreason done in. which -the land lies;, and ensures 'than the. ,use will n t y incomoible with, or injurious to, surrounding properties: The Reclamation Plan complies with Public Resources, Code Section 21110 et. seq. (Surface :47 Miriiiig andReciamat on;, ct) andButte County Code Chapter t3, Article,II,,Surface;1Vliniii $ and Reclamation 49 „ tl BCl'CTEt COtiNTY PLAIiIViNG`COTvIIvtISSION ,;p MIN[7TE$ ` APRIG 8, .1999"® PAGE' mRF✓+'Yf 'm' b'. y yY'i. i"+s:} r 1 ' GN ;, 4 j Q P RMC Y qav.R,,.&v4tFf7777 " .,'. w 3 ... .� i ���, r� . .F.:,r,� pd',t tji '} i .w!. ,�•; ,Wur 5 _y 1 k Au"+eh�r.50-n .t wr k -n I� $)'�.. #'�'}i�, F. �'Ht.��.: Y, {_^-u ... Mn4', Y'�:� Ntl' ., ,�`WM : ..�. �t �tM1y ht lti•.tl � ash vap y ,� n . tl t,"•� .v I 1..e t,a-.Lr. } 'j.'tW 1 r t i ! rl r f'�i `tt� a eU ` t•r 16g�ty l 9 �iY f •.; ltt ja ..s �« I ." a..�k 5palir 1�%' Y4 i o fie. r.j v Ixa;a rb r \..� k�t 1S1 ! `` Il OtS•}� Ix +.bt, �S� ! ✓F Ai i tv It 4!;xlt 5: i,•:!. 1 Ip re, .gala ,! t4 ;:Y t <. '.r,r t�k :, r 5aS !t!C.,��� ! r7t. r 7a 5 A: F.b'> *.t jY! ` 7 4,'A ca It. +4r arY W,,; I ;,"t.r.t a �1 !9 r ttqr a gy1 t w r tr fs t Y! y,t p u,b : I y{�y,l t1 ,,.i ! r. rr7 al '`%,roll �1 •\'I •='t;: I r „9,�4 1 5 �, 1 4r0 1 f � . �•l 5r t 1b tiS,IA Y L Y -Ce i e ', �! Y. �* °�„ t:..ti " � 9i I•t ¢ !�i 15 � 11t t�.s+ 1 tic ,"tt;y 1 ar? 9 .,p�l E t t� „',!t!J iy\u ,� �1 1 �:,y r ! t t# ,i ? IF .I tC r , ', �v a ;•� t I a.,, i A: ! I Ir 4 it 1, A,Cr D1kitw%W`�rui•f,W:±F+1fw,-.�tnW,.hrra+.+�1 1 LN. Conditions of Approval i ` ,.` ^ 2 ' q niri iyision: 5 1. All,reclauYato work shall be in substantial compliance witil'the approved Reclarriatiori Plan; f T ' g p p �' 2 A 100.-50Q foot buffex shall be maintained fruxn the` reclamation area to the: surroundin ro,° er 8:lines .. p `n the appr'cwedReclazxiation Plan: as s poi 10 The applicant shall ensure.that ail ground surfaces are covered or treated sufficiently to minimize. 11 ,• fugitive. dust emissions during any reclamation actin ities where, dust particles may become airborne, 12 (1Vlitigation #1) i 14 er to reduce the amount of sediment trans orted,of%site duan reclamation act' 4 Tri ord p g w es,_ eac i ; 15 ,. ith a 20- reclamation area Area's A C shall be rovin.ed with retention basins suffit rent to co p ( ) p 4 16 year%1=hourrainfall event (Mitigation,#2) ` I 17 Areas involved inactive reclamation and that are prone to' erosion due to etposed sand. i$ 5 which are faiid silt shall be improved With bIofins, silt fences anal hay'bale barriers in order to intercept sheet 20 and reduce erasion off site; All <efforts hall be inade to direct sheet flow towards retention 21 basins untilerosion prone areas are adequately revegetatc pursuant #o the Reclamation Plan. 22 (Mitgation 93) 23 24 6. All finished grad. iincluding pond slope) shall not exceed a 31 slope, fi accordance with the 25 Recl-, I tion Plan: 26 27 7, All equipment and fuel stored ori -site shall be xemoved during thewinter months. 28 29 8. Revegetated areas shall be monitored `for f ve years, or until the performance density standards as r J 30 specified in the Reclamation Plan havve been achieved, provided that two ears bas lapsed since the Y 31 area vias last disturbedr 33 9 s: The ;Butte County. Departrrient of Public Works shall complete ;a Budget Set-aside :or Pledge of a . 34 Revenue for financial assurances required under the `Surface Mining and Reclarriation Acta This 35 financial assurance shall be reviewed annually and be made payable as, follows: " u Qnty 36 0 , d o liperyisors or the Cali ObjiA PoOrtDitntaf Co ervation " ; 37 3'$ 10: Perm' p y l statutes, ordinances, and ittee must also coin 1 with all other applicable State and lova 9. regulations: 40 41 11, An annual 'inspection of the.mne shall be conducted in accordance with Section 2T14(b) of the 42 Surface Mining acid Reclamation Act: 43 44 �'r o �ri'Fnvirorlmental Iealth`Dwlyiori 46 12, . Fuel' and other'hazardous materials handled and stored .on the'site are subject to Butte Cowity, 47 Environmental Health and.State Regional. Water Quality control. Board compliance.: 6 448 49 ` an tel lid lien'_ and Ghairm a AYES Commissioners Nelson.and T:atn, , . �k P B E COUIVTX PLANNING COMMISSION Ii MZN JU Ai'RIL,B„ 1999 �` pAGE 9■ „ , y e t .rcr77' V77777777 a t h e Sw f s 'i r.�s' I ��: 4 1 tr rt + r d !Y • t C h t, a � r t iy , � ° '�lt 1 r 45 a 'S � i $ [ r �. �I �• P a k.4 wJtr,w�P�: P 1 7 tty at t ,y s r ..i� + J rtr it °r + r + N 9 [ i-�, G P '�i �j �z 1 a ;•�°a!r +t •.s t [ s ne i. „`a '+a '� a��.Hrl a'tarral, t 1.� 'i dr t} {, 'rfla j '-ah yr,�,.s ? a, rii: y r # '� l 4 'r�F .aft^.,iW�.Yil+wYF`n�'1�IC�iwWV�riKf�.{{.i.*wi�.l:.�}liiMWJ.a:fY'aa4:; > «+. xrw+i W ' W✓:•S':i�;:11artW.JMAMJXW L tl1t�1J51'M�fi(�.1u.w2><H.�nf3J��,4�i.N.M+�ir'iMW.A+LF. bi.�.�:rt4. Mf,.�.4L 'ir r.A.u.t. L�44Y! 4,+, n}. j } . 1 t er I e a yM lr r •� 1 1 {{ Ir 1 't x � o Ix. P1UBLiC HE,8WNG$ 3 Workshop - Proposed Text.For Section 24-262 Comm iiiication Facilities i Mr.,ucas. gave a �suinrnary of the' project. He said ;they have comments from'i3ob and Barbara I ennigan. n He said he had , conversation wrth Richard Price, Agricultural Commissioner, dealing with safety. He said 1VIr,Pri`ce indicated that he would not have the staff or the time to follow, up on failure or malfunctions of the ;lighting and would :prefer, that enforcement stay with the Planning Division. Ste said they reccived ' Positive, iiifarmation frdm carriers. I3e said ^thele are written coinnients from,;Air Touch. ' and Mr,Parilo;saidon,Page'�i,, C 2'�4c C 3,tlie wording is �awlcward neEtls to be' clearer, He said.t�s needs " to reflect the actual practice for reviewing vsei Permits. , Mrs as, said there are standard conditions , -and the Commission can impose additional conditions, n C3 deletiri g Wordin ' "by the nirector Q�f Dev� nt Services or. W. Paulo suggested o g g elopxne Cox�missarier Mooney said the `iinly"way the Commission could have turned down'the Pae'Bell tower was because of the height. He said he did not ,think towers over 30 feet ere compatible in reside wntial areas, r Commissioner Lambert saidpr.of the eo mments from the industry is that 30' to 50' is not usable. 1 Commissioner Nelson said th is not true because it is being done in other counties such as Marin County. 'She workshop was opened to the public. !�f Bob Plenrugari,'ALUC;said he has,seen'towers designed,. ri otherarea. He said he would like to see included sl -ir`this ordrriance, more' language; including an explanation of who fres near the ground He submitted l written material. He wanted fa see an exception't .the rule which is^ to restrict tov'iers to 500 feet, any ?� , person, buildnxg, or, obstruction. He wanted to see an exception for fliers who have a.reason to be'`elow 5.00 feet in the public interest; i.e:, fire fighters, ambulances, et Ho said they need to, consider take offs and landings; pilots `are below SO A PTe discussed FAA regulations. He ;also discussed compliance with Pant 77: He said to. the extent thai; towers go beyond their surroundings in height, they should be camouflaged up to the'height of the surrounding obstacles;'beyorid that heigrit they need to be marked: Mr. Pardo discussed identifying areas for the towers by the boundaries covered by the CLUP area. 1- 1 '.i '.•! ie { I };� t lg2 i A :r.� 4 ��r i 3� 1 P < ,l �I 1 / i' G r P Y _f ()� �'.�., �.. .�1: } 'i5 � f,, :a« r r � ar , I I ! t �: .,t I I� �il pp� r .t.:' r r w1.A( �5 h,:1;1 S!} i1 • � � b�'•ii< 3 Il�',. '� ' ))�rt .5 Y � i' 10 Lfx Y.� ,Y �,. S i.,. {} , 221� t:.� �t IS ` ! �.ti P� Ory ,y43' > A �f. •..�l:' Fr 1fffr `I �.5 �r�a T �, Y lPf.r t 11 t !. , •� Y l Y l ! 1 A � Y I �F (` 1 1'.IlJ ! .j 1 r! f `, Y.I'1t C r1Y i qy •�A 1 1y .1 t k fi�< T S// 4!♦ : 1Y , I y\ ,1'ys 1 { r4V Y � 1 81 � t C I � y . 1 11� Y i M1i .. 1� SCF #J :�1 � 'r. Y � ' ✓IAl 1,,. I d �y 1 1 ,yl � A T. 1 y !i ..S .•:,'�i .d t } 6 k9 Lex%iHwi`.hltelub I � � �1 kt i. � /\`91dt5'IG'l�irt�diYllnYYf'iNbt.MwLwlMews.fu+r'.a:.w.- x tlditis,8f.�1:aN.b,WtrW�°+y.C'r�Yl�Sty�jt+rNrs+yluih+lw�..xy�,� wlis�'+�r+� v ;. `xr^ .,;.i', , .,a..�l,..uu Ps ! t Mr. Woodruff.said a lot depends on the topography: He said towers average between 100-180.' in rural areas 1 and 80400' in urban areas., He said they stay out of residential areas wherever possible: He said they can 1 make °the .restrictions stronger to;help keep the. towers out oi',residential areas.Ie discussed co -location; 3,1f He said ari roost jurisdictions a 100 feet'tower Vvould not.be required to have a ligh#. Commissioner Nelson asked about co -location on telephone poles. Mr. Woodruff said they do not have the equipment now, but it is starting to be developed: Cornmiss' n6r Lambert asked about heights in `ag. areas. ''dards v ary. He said the lower towers of.100 deet or below are near urban areas Mr. Woodruff said the start 'J . He. said they. have gone, mostly with all towers, He said it was difficult to' ay where they could use shorter' -location be encouraged in this ordinance: There was a brief discussion on fa1D i towers`. He said co . should G area of t6y�e' rs'. i representing the utte County Farm Bureau; said the painting of the tower is important ,in the Fred Gerst,B agricultural- ,areas.- He said these towers should be .orange and whi e from the ground up. He said the lighting should be whatever is standard. He said maintenance was discussed by the Bateau for #owers that are in use and those not Ming used HO discussed requiring a bond for maintenance- and rerri. val of the towers. He said he would like this ordinance reviewed by the Farre Bureau before it is adopted. IF r 1 Commissioner Lambert asked Mr. 'Hennigai about a 2 mile radius around the public use airports: The j language in the proposed ordinance is within two mile ofa, private or public use airport,; does two mile cover ,age a a Mr. Rennigan, said regarding the two miles iroin the runway of public airports, ori Pg. 44 = takeout public 11 use air ports;and have this forprivate use airports only. i' Soel'Brovyri Butte County Coinrnumcations, said lus'main coricer is public safety, He said he would like an exemption for public safety earriers: He discussed co -location: -He asked flow this ordinance would mountain. top sites+' Ike said the need for li tin and.'pairiting requterneits are spelled out; He said effect and p Sh g Sheriff s towers are 100 feet, He asked if this ordinancelwill include government and private facilities, and will it apply to State and Federal lairds? I Barbara �Ienriigan said she Yeas done research for ALUC on what. other counties are doing. She passed out; the information. She discussed GPS coordinates being put `on the County mapping servrce.. Arlo Nichols, AT&T; said the best ordinance would establish clear standards. He said residential areas are the least desirable. He said anincentive for carriers is the time involved in getting approval, and this ordinance would make the trine shorter: He said they may want to provide for'towers on County and public l ds He said AT&T rs om `throu h a es locate, ort' hone ole`s b" micro` cell tecliiolo g g program to p P y gyp- an « �, . b �. but it will b., along time in the 1ture: Commissioner Lambert said they can limit the zones n. which towers are `allowed, i e., just comtriercial and industrial zories: She talked about establishing a map of where carriers would; like to put future towers. Mr, Nichols said.tlus would be'difficult He discussed growth and where'tlie needs are for towers. 'He said sonic countries require ari anfor controversial sites. r , O. ..s e' BUTTE COUNTY PLANNING COMMISS10i�1 IVIII�iJTB$ e Iv1ARGH,25, 199 o PAC3E �_. _ � i.F +" _ _. 4:. x�l...i A } `�A _rl �� 1� ~dN°-,. � � I... -P _N �...• _. .>f .. .. _.. __`__ iilIIk9}41aTSStJifeAWlhatfiMUAW!taAWMw.auewNis•{.Iy.Ad+l uiyrea:i +YY<w-+W.W.`x�,s.r....w++Ia;``w.wtm.n...�..a......� —. — — 1 '. ; 1►✓Ir ,,Pardo said thej can amend the WP ;gone tri prohibit second dwellings. a Commissione"r Nelson said they should deal wtth the ordinance, alien initiate the cliange'to the WP zone. l It was moved by Coriimiss over l ,ambert, seconded by Commissioner Nelson, and carried to recommend r ; ` appr'ava 91 the ordinance ,on Page 5,A 6 to add covenant to urban areas, `on language,'cleani7p fo eliminate : x SeC and dwelling under 2. 'b, c, d e; as follows: I , Based on recommendation of staff and'the Second Dwelling Unit sub pOnm ttee, reconuxiend that the Board,of Supervisors take the fo11o'wing action"s: A: Repeal Section 24=2$,0 of Article V and Section 24-305.375 'of Article VI of Chapter 34 ,of the Butte County Code E B: Adopt an ordinance,to replace Section 24-280: of Article V and S,d6don 24 305.375 of Article , VI of Chapter 34' of the :Butte County`Code with the following f"udings + ` ` i 1 The project is exempt, from California Environmental Quality Act review pursuant to , Section 15061(b)(3 of the CEQA Guidelines which states that CEQA only applies' to projects which`haye the potential for causing a significant effect;an therenvironmentw Where it`;can be seen with. certainty °that there is-, no possibility that the activity -in', question may have a significant effect on the environinen4; the activity is not subject to CE QA because: a; This amendment'to the zoning code vt%ill not change'where Second Dwelling Units ar1.e allowed or. change the permitting process for Second Dwelling Um se rurtherniore the achial construction of a Second Dwelling'Unit meet the provisions of a Class 3 categorical _exemption to CEQA, 2: The ordinance' ainending Section 24 280 of'the Butte County Code provides for the creation, of .$dcodd Dwelling' Units consistent with the intent and ,provisions of California Government: Code Sections 65852150 'and 65852.2 in that these dwelling units will provide housing opportunities for fariiily members, students, the elderly, in home health .care provider%s, the disabled and others at below market ;prices within existing neighborhoods: This statement is supported by the fact that the County providing for Second Dwelling Units in 39'single-family zoning districts: S 3. The provisions of this ordinance are not so'arbiitary,, excessive or burdensome s, as . to unreasonably restrict'the ability of homeouvn`ers to create Second Dwelling Unit in zones tn'whicli ihey are' authorized: 4: The requirement for two off street parking spaces is consistent with County. requirements for all other residential uses throughout the County regardless of the size ocation of the dwelling unit. AYES"Commiss oners`Nelson and,Lambert, and Cliairniatl Leland NOES: Commissioner lklooriey ABSENT:'N6 one ABSTAINED: Commissioner Cage o BUTTS COUNTY PLANNING.COMMISSTON o MINCiTES MATLCH.26,1900 * PAGE 7■ YY I i�ri, l 1 :wws� « « d� ?� } ,,:�� }§\ � � � � � � � � � \� � � � � �� } 6" activityreasojithatoiNmers av,-fhb0xAd,fi4ht& e.activit 6n�sl e un er o e W N616 shad,ther"e"is,tsigft: iip, some t 6d th LL as other land;owriers.; He said there is ari argument on rvilether use `is -'..!,'us'e.,.�,14 s4id,the , .publicil,Counsel � - oufi86t-has,b been questions, d County C as,� enied,by, e, parthere are legal s ions,, an Use Permit th' 13 "d...Hd,�Aid tidi 1-Y. t�, O� situation and are, watching h 0 a,. 4rp of ing.w, 4 is is %aW 11 a ''Tth Rod' Ou st t6Ait tiOl g QMCY -Ald 1 1, - ,q going q6b A.M." 4 RNMENT ep, sgon.4,jQ pdat: i N -"ere b -ding, ,6i-�usmbsg,�th��"Planhing', P. 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Y i}„• T e recommend tton;of Coun siaff aF md' id below It pie bnly a iecori►meu3ation and Lias not yet been considered by Y the Planning Commission, Caples of the Staff Report are;available at tlie'Plannin Division ce 71, A. hop Schedule another vvorks>op. orksha - 'Pro used Text For Section 24 262 Coammun%cation Fac�lrties' Sta£f to ila 9 00`a,m yV .. p P scliedule another workshop and bring b I revisions: ,Fossilile meeting dates are April 2 ] 999 or May °13; 1999. ” ,r 5 ra B, ' - ' Recommend Approval ;on the Second Unit Ordinance to 'the 4; and rin o exaude seconal dweYlingsroim the `WP Recotmend to tii'e loa�rd to seta heap iiutte Coun Pla�ining Commission : (Item determined to be a General Rune' Y 9 00 a.m , . � , L�xemptjon.a om environmental. review) 'Zoning G`ode Amendacnents to Sectiop 24- .' 280'and 24-305,375 of the 13utte Col V Code revising the 'Second Dvve11ing `Unit F_ requirements and'the definition of Second Dwelling Units. The proposed aineridtnent a 'will` also discuss tiotential changes to the zones m winch second dwelling units are- 1, , allowed Zoning: P' are Second Dwelling rtJnits are applicable to the AR, ASR; ,. .'. g , TIvM and U FR HC NI C' R-1 throu h R=4,N; RT -1, RT -1A SH, SR, , zones county wide I�'ile'#`t ZCA 9602 {CRS) f ' 'illi: ,'' •OEloilEllZAL' ItUSINESS. This 'section of the agenda islo be utilized by the Planning Goniritission and. Diredtar of beVelopment Services on `items .of intet�est, general d isaussion, ,or items for which staff 'has,,been directed io do reseatah and brit�'g back to the Comnirssion. Items A; B, &. C.may not always, be addressed at every hearing, 'but will d' )ly be lzsted.as part of the agenda. eral I'lan/Zoja Ordinance Update Ae G{e11 - 3 I�egi"dative<Case Law Update C, PlannXng Commission Peps ][ Abd,OURNMEN',T r PLAN 3I AGENDAS NA03z5 : ) � v I' B[j PLANNING COMMISSION e AGENDA IN MAR, 25;1999 ■PAGE 2 TTE COUNTY w7 ,w> r.: '; - 3 !. ..a a, ,+�.':.•, ...r: ,, c a 2:: n y,rlun y ..d w.' J ' Y v.: t dS i "� tl f d i ,..a ",i,.t ,,�,, n . r: +r"- "1 -, .� . ;7!' R Su a �3 , "4: X •,?� � i rl F,}., Yv r:� s t' '�,t , 1' ..:!'-W r7 wq'.YJ s; bd'E.I,r4 F, i•. t i Q al , .: L:t, `f1 1 Y N"4 a1 Y .tilt V Y° k.6:i r.FM1,µ Y �.;:,ik Fv: d C,�''�}''fa; { t �! ::"d i�r ;i^":,: �k'T Sa k "l°. ',1 Y� �C. I'`(`}� d. 7 > f y two,: ::.v': ,air y: y i , p.7 v„+.�. {a �4ti f;, i'8;,;;`Y' N•" 1.S.t1k 1 z 'i *5ri rr M'.wx .'± m ... ��,.i •,'e F;�. 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'7. +:.nb�2hWF�4A��k:Jli1«t In : ,. . rhrt � wr •4 r t r r .. c� fr 1 � k 6 � 2 t x,-. � � � -:� f ri r �h v f 1 °t rr ��'i 12 i �r ,�r '. �C iii f � � - 4 •at it r a i 1 r` g a r it e.. t �� e ra r t l v i a ^„ ✓.� e t 1 4 a rtt'� r ° z I r >t r r h °ro r m F -'r 11 a Y,ra et• Pti'".92,N�� r. �.r..���. ,j kt rry �f a � t�' f;7 2�: e r r -• ::5 rr e ,3 t iP x r nY t x S =i �.iit r� ri; ° ,�^{ rr r j', tf + yr.:r r r• v � y`� ^ r r tf .,; ty .� r y u r i ., : t. r "�^? " + . a h n 1 Y4.;�` r Yrr 1; i ! � t4 , r -`tF l r.,i• IC d c5 1 5 I � 4„-A ,i}'� t 4j.} ; .."t �'tA xr'� ik t «'r l�>ik.tt''L r I�ry ., r+ r I 5 d it 1 .h r v r y.,,= 1 + ,t • 1 tl +'. t C 1 Y Fr r y 11' tl �5� y y y i,b + i y } 1 d x l r ri .t k 'nr r he 9 Yl _ c F 4 1 k � v° :h t : a • •.• u e .', nr tr � ,v ��'4�44k17t.`L�J1'.tiCtLK{'.iiifYUM'ANNni1`kk. ,u.f•�,+��:;1..t�oL ..«wYe. .,—✓ru+. Ww.,,-1ak.r�y�1'...a:luu�iu+i�b'�G'.1,ab.14r:1A�7&r{.Y' Fk�L;3;!M'b`dlbih>vknlar.u.`6+M.�!'�a+Nr«,..,.w...�.+.=i,+-r:+...�+.�#*.�•-1,�eo-4d-1';I.w'a wm.r.:r�wr':wrlYrjwxN�zw+.,6 Mr. Wilson said the issue is Whether a fee is being charged to use the private facility £or 'recreational use. He said if people are inviting others aver to the property, at no charge; there is not a pro blem. He said the ti problem is when it becomes a commercial user He'said there is -Alot of latitude for eareational uses in the County General Pian. Conuiissioner Mooney said he was concerned with recreational us6s that can damage the environment and the land. He said. he liked the idea> of an overlay zone, only with the requirement for a Use Permit. He said' they' should set constraints to not damage the land, Mr. Wilson said. some zones do not allo.w'recreationaluses even with a Use Permit. He said an overlay zone could allow recreational uses with a .Use Permit m these zones. He used the A-R zones, as an example. Commissioner Lam$ert said an overlay zone would create more problems.. She- said she was in favor of f doing this by'area if ,- Ved perhaps around Lake Oroville `as an example: She did not think this should be in the ag." zones, - Mr. Wilson` said hiere are two applications by IVIr. Seidenglanz; one for the overlay zone and oie for a Use Permit, He said if the Plannin Cgrnmission initiates the overlay zone, they should refund tho'applieant's g fees on the overlay zone application, Commissioner Cage`said in'answer to the questions asked in, the StafReport, her answers were:' #1 - by Use Peruut #2 - by Use Permit; #�' - would need more in #4 -on an individual hearing basis with a , Use Permit, ##5 - no refund: Chairman, Leland sa d it is the consensus of the Commission to take this on a case by case basis with a Use ;. Permit. C ,nmissioner Lambert felt this' should be consdored,n conjunction with the Recreational Element update. i The workshop was opened to the public: Steve Seidenglanz said the Commission and st2ff should take; a look. at what is being done in other counties and communities, I4e said. they need recreational facilities in'.this County. He said the County 1s not using their naiural resources. He said he was; trying to create a better economic base iri the commumtye He said thdrd are •three cornnercial.paint ball fields now without permits because they weredone as a'cluli. Chairman Leland said regarding Mr. Seidenglanz' comment oft,abetter economic base, this should be considered at the time of the,R.ecreational Element update: Conirnissioner Lambert, said there will b,e cost incurred by an increase in'traffic. and oilier required public services by the Sheriffls Department, Fire,, dtc. She said they should determinei£ a development would cost. tlie County money, or bring money in, Comni�ssioner 1VIooney said there is not that much r"ecreation land in Butte County He said it was not the job of the Coiiimission to see'•how much money tho use will bring into the County, He said they only; need to make,4 finding for health, safet-�,• and wel£arre of the County. E. NIr. Wilson said thea hcani re nested the ov pp q erlay zone+ Be said thdy have not.spent a lot' of resources on this projects l BiJ i'LANNII�.G COIVI;vIISSIbN 4 1yIIN[JTES MARC I I",1999 ie t�AGB 5■ TTS" CO.LjN�X 3 t` f"" t^- "-h'tl•tw 'r ^+rie t"t"^ erw"-r M� �i"•xw 'w^kC�"ir•"q,�,�,�"et�ztr.>r — - _. aea �,.,.,F+rte e� •-� t k r�k� i i ! ••fir L a w r M rl ,y. "' w r f �' . :41 , sv , qw•:r ••' :-.''a k :;� r °t , :. ' a , t 'r; Sa . , t t:. 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V ar , 4%- 4 `tit et 4 +t 7t, r "7y a ; :brit 1,`'^.?'.kyr r ti4 �;a:nYm. ° 1, r:h:'•: kcn t i 1.!�{k ,. '� ` ::�.�r�i_ ,,. �.i: ktJ.� ��..iJ.ur`wY. +:r.,..,..u.4`.«'Sw-�E.:,..; !.:,.d ,::r.-"._:.'.�-..0 ,k.i.lr.'u5 .a4:asa.�o:.:1. ••,as4«.:`.�.+'1.✓. r ! �:.+:'�,JµV�4aWi.w.n,"•,1e.+r.,ar�iSuBpd:w_..3i;:.7:wF.:s+s,'+-a..•.L4:�:'s�".+-w.'Y:.,,ei«;p.wwlri.Li+iw.a+.... s+`1.1..:e:aA.r�,.—. _,. i i v cil�� A , r. ^ Pastor Layne Horton said the building is on %z acre and the 45 acres is contiguous for parking: He said he ,w J has 012w�110e option`on the building. He said the church hopes to buy the 45 acres, in the future; He said 110 ' could:, on tiarm to the inspection letter requirements, r Thelearing was closed Commissioner Lambert said she bad no problems with,this project as conditioned and.yvith the ease option to Xt wd moved by Commissioner Mooney, seconded by Commissioner Cage, and unanimously carried to s adopt a Negative `Declaration and "approve Use Permit 99-09 for the Bible Christian Center; change ' • ead' ":. , three '(3) months after completion . , . "; and add'to Condition 7; after "drainage Gondxtion 2 to r in the second line, "of the navy const ctio�i" subjeot to the following findings and cox J ioiist r „ t...:' ` '�. FINAII�GS Section 1; Enyiroiunental'Findings. Ad An Initial Study was completed in compliance with the Califorlua Ei�Viroiunental Qualify Act, which y did not identify any signiflcant impacts. B: The =proposed project will not eause environmental damageto fish and wildlife or the habifat, and', p p ' nmental;Filing F a de minnnus exemption to the' collection oi'De artment ofFisl and Game Envxro Fees is approved; and C. The 'Planning Commission has independently reviewed, analyzed, and considered the proposed qq Negative Declaration with mitigation measures prior to making its •decision on'. the pr J ect, and the f . Negative Deolaration reflects the independent judgement:of butte County. j z Section 2t Zoning.Ordiriance Findings: A. The proposed us,'e of the property will not impair the' integrity and; character of the zone in which. the laud lies, and that'the use would not be unreasonably incompatible with, or injurious to'; surrounding property -or detrimental to the health, safety and general.welfare of the persoris;resicling or working in the neighborhood, or' to the. general heatt i welfare and safety of the ;County because 4 _ �C 1, The church use will not cause a significant increase; in vehicle trat`fic, pesk use'of the. churoh +r� will not occur during normal peak traffic hours, and the xoads' in the area have sufficient capacity to safely handle the increase in vehicle traffic. 2. The church use will'riot cause a significant increase in noise levels, z 3. There is sufficient on-site parking spaces •for the -church uce. i r 4. Tlie project site',s connected to public water °and sewer systems, B, The pio�ect is consistent with, the 4 zone which allows quasi -public uses with a Use Permit; and AS "consisten#with Commercial; C.rerieral Plan land• use designation which allows a, quasi-licu e ; as aSecondary t_lse, E it BUTTE COUNTY PLANNING CQMMISSI01� ■ IvIINiJTES 'FEBRUARY,25,1999 PPAGE 3 3 i n .�W rNn-. -, np h nMii) u�S:.w •rtyaa..w :M'u "4"'°"t,m" "M _ " � 4' i r , ✓ kk n .'^>m 4,a r A , hr t ' M . i ! ,S' :., a k..,• k v . •`+: "4>S�u 3T +;b l( .. ,"i°. rM ,. I 1"S �:..,, rr .• •.o'.: M� :�'�'k;j �i ,�I`A4 J,' .,z' �` r:.. �''x . ..:r r r t Y �. i'";°'t My "',a a ry k, rdi .t,.., ..,r .. �__,. r� ,.::�.. 4N °:x r n, v �.:. • _:^. R A Na.:,.yiYMN 1{'-i L.'' i.i S=.' -.. i t...-.1 � In�.+}Ka++.Jw 4}IL `yfi fnaiVfwv.0µ ai k.a w. >.'.'M1 H i. I l.« W... i.t 5'.• Tr.• i�1 .. # iwwiwe \,.M.. a ..1 Ip}n ti . +N [ 5 .n,,. W.i� 1.11+.»+MV•+U .i:wrx�vvrwikl" Ol ', is a staff person that lives in the area arid.there has been no problem with vandalism. He said this is a rare opportunity for.theix students to' gam practical _skills; Terri Pierce; a neighbor, said the children are. very courteous and polite. She said she has n.o problems with this request ,at alt-, Mr. White said that'this isnot 'state property as stated in the staff report. ;He "said itis owned by the `Butte County Office of `1✓,ducatioiY. He said They work with the Butte County Fire D;epartinent .and `would like Condition 12 deleted. He said the house is being used as an educational facility' and is not a school: Chairman Leland discussed adding to Condition 12 "to the extent required by law." ComirussionerNelson said the applicantis trying to make this as normal ousp as possible. He said ffiliey' are required to follow BC PRC Q290, the applicant will have to go through the,Fire bepartment, and they will irinp.ose 'any `regulations needed: Commissioner Mooney said that Condition l;l only addresses the. signage for the `properfiy. This is an t (educationaluse) occupancy and should be safe far the students. CommissionerNelson said that if the applicant adheres to PRC 4290, it will encompass the whole code. The hearingwas closed. Chairman Leland said they need to discuss 'the -curb, gutter, and sidewalk issue as well 'as the 30 ft,' ;. dedication issue. Mr: WXlson:sai& e, M "ft, ' right -of way along -Greenbank and,hoothill was done years -ago. Commissioner Nelson said this is:a xuiral area, and lie did not want to require curb; gutter; and sidewalk; He said they are dealing wi, a 3 acre parcel, j Chairman -Leland said you need anexus between this fuse and the increased use, if.any; and, the effect on the environments He said he.did noti s'ee any mczeased burden on the enviroinment, road, streets. or traffic by this use, Commissioner Lambert said if the improvements are not done at this' time, they will not have another chance to get the :improvements: She said.if there is 'flooding in the area;and a lack of drainage,. they need to be concerned .for the -safety of the children. She said � she was having a tough time waiving the condition because of the type of use, on property that has;been donated to a. school, �vhero the costwould be imposed on an'individuat t Chairman Leland, said they should always look; at'th, impacts. He said he did not see a nexus'betwe-en the ' request and the condition:' He did not -see any impact. Cosianer `I`lelson said it the property is spilt, the improvements would be required. He said in this case there is no change except for use.' Mx. Wilson, said there will be no new, strucfures, ■ B,i)TTE COUNTY PLANDfIA1.G COIVIMIS IQN . e ' 11, TES "s FEBRC1AttX LS, 1999 ei PA0561; lair `4y1+ .s !I" ' t I a S k..,:, +, g i ,� . ',hc e.� a r ,.,."u " I �;.!:I t ,..' #,on,rc �:' i 13' Y i , ,x •. `G , ` ��'. i "'r }" r '4.urwLti ,., `rr+t�au.�.- q` ` S1L.11 "'� ti 1.t.:M'Y:a.Ju«rr«ui::.•ut--..4+1++'X7.�r• «..>Ra. t.. -..e dw - 7 .,.H1 Sro<tiutirLhiw:'a�ix'4A7":I.w'I'I,tais44 >.',"; r McCabe 'said that Federal law is ve eneral and riot that restrictive. He said the Commission can come M r5!g ,I . up with guidelines needed:: He,discussed the requirements of.the Telecommunication sAct. He submitted he did not know'the status o£ He said the +Y ;t a memo ori p`ederat laws He said :there. iI.s a proposed Rule which Act 1934 to clarify State and local authority to regulate ;proposed Rule was to amend the Coinmuzucatioris of s construction; and modification of broadcast transrius .1 , arid teles, #"I000fis fabilities., the placement, posed Rule. and for other�'purposes. F1 said he would check on the status of flus pro } 'i ::;Chairman Leland discussed the cost of co -location. ' + � Commissioner Mooney said they can not reduire .co -location, 'Iie said you aan not tell people what to charge `t SOmeOno to co -lobate Ori their to.Wer. t Chairman Leland said the' cost should be proportional for the second, third, or fourth, co -locator. {! Mr. Lucas said co -location would go to all the companies equally. Commissioner Cade said it was not the job of the Commission to discuss the financial cost between companies.. Eh Commissioner Mooney said they want: to encourage co -location wherever possible. Mr. Lucas said they should not address the cost, He did s"uggest that on Item 12, "shall" be changed to` ; ; ,' "should." Chairman and said hewould suggest proportional cost. Commssioner Lambert said if they require co -location, they may have to approve taller towers: Lucas said a Master Planwould provide information on how tall the tower needs to be, etc: Go -location Y �? would be done by an Administrative Permit. Mr, Wilson asked;the Con mission if'they want all towers 100 =►-:feet: Coinmissiciner Nelson said he would like to'see a height requirement of no more than 6Q ft: in a residential zone; k Mr. Lucas said they can put specific regulationsI iri eazh zone. Tie aid at;the next hearing they hoId invite j industry.representatives :for, their input. Commissioner Mooney said, as we' get more towers, they will be smaller;and co=location will be a problem. He said 60': ft'. towers are not a problem iri Chico, but will be a problen% in Paradise or O;roville; �.: Larribert said $he would hke a workshop with the people in the industry. She said she liar �4 Commissioner a with Administrative and, Mi r Use Permits in the ag, zones problem Shane L. Shane said they are putting themselves in a box when they try'to regulate tower heights by zones: rIe discussed how they measure fxom 'the base of a noriopole. He said' they need to define the fall;distznce of the tower. ■.' d : 18 RUARY25, 1;999 ■ PAGE 11 BUTTS COUNTYYLANNIN, COMMISSION .;MINUTES P 1 " �' ' Y �r* r t Ei " n . ✓ 4 i � 4 Y .:.a+s r�++.'i.yM a.�r.«» ...r•- wn i F 1 W, , r i S a rst said he , as "leased to 'see this proposal progressing. He said, e would like this proposal sent Fred. Ge w p He proposal fG °fhrough.ALUC and ask them their heeds: He was concerned"with°towers iii Ag,,,areas. said .this �. '; should also be sprit to the'BC Farm Bureau Ag. Cornxnittee for comment. y �anotherworkshop, Chairman Leland,told,staff the woulddneed r Commissioner L4*ertsaid she would like to have,'the operators present. Mr: Wilson said he would send`this to' ALUC and to the Agricultural Committee for heir input: He said; y . ; with the opera p gtors. . ` he would invite them to the worksho" a oi°1 4 E Mr, McCabe suggested That the definition be only "one section;. t It was the consr�nsus to bring Phis proposal back with comments from ALUC and the Agricultural E Committee, and to invite operators toi attend the workshop. �tl Z, ; Workshop. - Second Dwelling Units - Report back from the Sub -C omxnitt , r ' sunim of the final recoxnxnendation from> the Sub -Committee, He said the Mr. � Sanders gave a nnef ary � , reconunendation is for two stand"ards one in rural areas and one for urban areas. . Commissioner Mooney discussed the requirement. for twice the acreage. r Commissioner LamberF pointed out that some zones will not allow second dwellings, Commissioner Mooney saidh in%as against requirng.twice the. acreage i 'ChairrnanLamlert'said.theze is a.nepd forlow income housing andth's twill help meet that need. i' ` elsori was absent a Commissioner, t this time. Iden Reimers, Assessor, asked if a travel trailer wasal legal dwelling, ' IVIr Sanders said only in the R -N zone. He said if "they are `placed in other zones it is a code enforcement matter: Commissioner Latnbett said they should add the language from H2 to I'g. 1,1 b. She asked abo>xt H3 that dwellings separate parcels must meet all the zoning .and any and`division prop,(_ . — 'to place the on de" elopxr ent requirements for dividing land, She ;asked if we "need to apply smiilar language to the urban area requirements? Mr , SAanders said that t�yas not .necessary as a lot in the urban area that meets the standards would not be without dwelling now. He said there is a definition for CJrban Ai ea. OWN, to be divided vVith or a second It was moved by Coxnmissioneir Lambert, seconded by Commissioner Cage, and unanimously "carried to set this matterfior public hearings. �i BUTCE`COUI\�TY PLANNING COMMI SSION o MINUTES • FEBRUARY 25,1999 k PAGE 12`• r' Jl,x:of ` 4,, [iYS JF i'4, f;3'li { 1 t. trt v P Yr' t LL t ;i � frlx , !34 ^ 4,.�. }I � •1 {��� b�! � 1 i Fll ani ! k 1 {�^. [iy f . e .B i @ J , } .'.rtl k! "' ,.# f v:.rr 1P.�t :li� 14 ti S3 IJ dx V Y J.i i ix .. A 5,�;i ! 1 ., 4 I f i i •. r`4.. .'�:. 1. t4Yd' t C. 1 MS t.,i., 6t :. k 4 v, l 1 a.; .L..^;, 4 44 J! i,'p is ,rea, 9 7 r. i -� 1�;aS it f Vn {tl, fa 91 J,�`� 1 `x t J ! r.Sl,[ s !J '..�qt- ! t ff } s ! t w'., 1. P v. Y'. ! t 1 1 f . ., � L`, w 4 #,� l a k Is. r i s •-:i� f 115�: {1;. d f, j f,.'x i r 7 I Y.{[Y La , fl•t f � i lY.. '5�4i � � alp. !. si i C[' l,i.t i °�#r! s" % a.P,:i 1 « "? �' Li � �,,I � a `} " ° f �`rx � z .. d ! r r k",. [ :i f t Ott ,.. ry�tl }1r;4�r ,,x11 y{.1 1, !{t.1i�Ipt, "i } ,x x1 .�tj" •tia j5Y rt'' `t!` .1;�" t�,t i. t t� } s } ''. ,I�' d f iSAtY '`t �� �i H '.A'�t q :s u•4 v l 'xp , h ak :i a .t,u eu or }^, .3 t il..arY.L..ar�'�:�^..+nR...+w+.m+...r,.. - _ ''sfi�twrs4L��a'.,�1><.° ,' .+ "`•an-z.,IMl..lwwlww+f+�ratiwstwiui ,�.,kHw,t+wL.wY�.Y.U,,:1f..- v waawy7,+..ar , le Quid be located imthe center of the property` and would be surrounded by trees, She Ms.Rulnick said the pole w } , said it looks to*at least 90 A. off of Mariposa. in a commercial afea such as;Cohasset.orEast Avenue, would a higher pole Commissioner'Lambotfasked;if give fire n same'service ld et ood' aoyera e; but there is a pointwhere you can,get too high and you begin ' Ms. Rudmek said they wou g g g She they have to interfere with the site that it hands off to. She said they need."to be this, chose to Chico. said I s ",� done their ho rnework: She said this is a,perrnitt, use with a U'se Kermit. Commissioner Nelson said Pacific Bell is goixig, for'one site' with one look tower., He's aid they could put two � k r towers oil, top''of a phone pole at a. different location. S. Rudnick said this is possible subject to the physical characteristics, i.e., trees; buildings, etc:,. Nelson said this is a flat area land it can be done. He said service can, e ;done in other'ways but it Commissioner can sides a 100 ft. ole in a residential area. ,He said he knows, it is easier to put up one IOTA. pole, be P - ;. be done other ways, s.� Rudnick said they do stealthing, but you can not stealth in every area. She said at this location the tower j said, that.eas Y. will be Striped for safety rea"sons. She sa it was not i r i Commissioner Nelson said a 100'ft'. poledSithe easiest way. ; '! discussed. the Telenication's Acta She said this is a compatible use with this property. commu Ms. Rudnick Chairman Leland asked if. 'they used three towers, how tall with the overs need to be? k Mr: 01ah said about tree level. ALUC re resentative said ALUC put the light condition on this towex_because of the surrounding Fred Gerst, p He they need some standards dealing with I area.He, said there` are other alterriatiYea to this tall tower. said ft. to+wer.. He said there needs to be overriding towers, Hexad ALUC requested striping' on. the top 29 of the fated `by ALUC by a legislative body: He said: staff S, recommending no findings to;omit the conditions stri in whereas ALUC require the amtin and this would re re overriding findings by the Commission .p g� q -p g qui � _ rp Commission: if the o a ainst, the Ai ort La rid Use _Y g g � asked about the property being, annexed to the cityZ Commissioner Larcrbert Mr. Betts said the 'east and v�est`parcels are in the pity; but not this parcel.: said there'is a problem With puffing this in a residential area; developed in the Harold Ca rlson He said itwill be future. He said he was concerned that Pacific Bell can have this permit regardless of neighbors' concerns with the aesthetics'. He said he=would like this it because.it meefs,the Telecommunication Act. He was concerned K application denied+ - fi Ranson said this area vuill be developed residential aril this tower will impact those residents: She asked Linnen that'this be denied: I v BUTYE.COUNTY PLANK ING COMMISSION o MINU'1;ES ■ FEB1 iJ 11, 1999 PAGE 3*> 4 .. k f # 77:777-77ly k.t,. M Y� �' y i t k h [ � X i.:�11 Ryi � tri ik ..r la ,. ,-" ♦C .r p _ L � �r' It r,.:s H+ �� lYy '; y'x t t'A� 74 yk �6 .,Y �k i4 +,'Mh1 f Y'` fC,+i �`"'r i;5=.. 4.isi,�t ':ltr.ae«✓+1+f,,iLll..wef:. H�=N'R..ui; +i '.- �, {1�4�1+ri+.�"cinhla �••r'`H AA`i ai••'•'a+rn'wa l� ' y 6 ' onstder`"" b0he City of Cluco and they were `not opposed She said i�F Ms Rudnick said the�,project was c� ed b `# said again that' under' the ` output is not`'a health problem. She said it is regulated by the, FCC ; ;She p ople do riot Want' there. Telecommunications Act, the§.use can not be prohibited;because e The hearing was closed, Gomxnissioner'Lambert questioned staff about denying this request. She said tf this is permitted with a'Use finding:it incompatible vuith the neighborhood? ` Permit, is the Commission allowed to deny the xegUest ,., Commissi over`. Nelson said he will vote againsi this permit: He 'said they could either triake ,it lower or go with 4 'l 'a less obnoxious 'site.: Mr. Parilo said the Commtssoii canrrtake the findings for approval under the zoning ordinance; but they need tahc to County on the FCG regulations versus County . -�. , further' findings for denial, ; He said he would ;Counsel Regtiit.em-ent , Chairman Leland said they might want to 'get the advice from County Counsel regarding the I! there was adequate detnonstratton that this pole is necessary Teleco pmun cations' Act; for the futur"e. said grid he was willing to approve this project. He said he would rather see one ugly toviier than three ugly towers, e add the Butte County ALUC condition that the op 29 ft. of the tower. be Commissioner Cage' said if they tower visible to pilots and that a steady red' painted with alternating orange and white stripeso make the more led on the to of the tower; she could vote. for the project. light lie instal p1 Gha irman Leland said he is inclined to agree with the striping. Y ute �xe uir ement e stnf. Mr. Pardo said that staff did not include th . "_'ping as a condition because it is not an absol q Municipal Airport and the FAA has concluded that, within the Comprehensive land Use Plan around the Chico the tower is not an obstraction and they do not require striping of the tower: i i a ' er Ca e'said. she wantecthe striping for safety reasons. She said the'water tankers do fly over this Com�missinn g + area, Chairman Leland agreed..,9 o Mooney objected to being;told that he can not deny this because of federal regulations, Ike said Commissioner if there were grounds for denial, he. would deny, this re quest, GoinrissionexNelsonsaid he did tiot.teel the applicant was being a good neighbor by coming up and telling. 1 the Conimissioii that they;are going to do this anyway; Rudnick said,the legislation was written,by lobUyists. She said slie did not mean to offend the Commission. 1VIs. She said they would comply with the striping. "01404 About4t, condition for co-locatioa? as Chairman Leland a Mr, Bettssaid it, was in Condition 4. Itvas'inoved by Commissioner 1Vlooney, seconded tiy,Commissioner Cage, and carried to approve Ue Permit findings adding anew Condition 99-02 fox`Pacific.Beh Mobile Services subject to the following and conditions, "'he shall top 29 ft of the cellular antenna tower with ori orange and white striped 10 to xead apl5li6ant paint.the for easy iclenhiicown from the art," and renumber the remaining' conditions: pattern m. TON ■ iVIINUTLS FBBRUARY 11, aw GdUN 1 t.ANNING COMMISS 999 PAG); 4a BUTTE TY 1 zk . y ,��'.,`!j b ,. nrd 1� '1� a a t �'"�G +T �{'ry 6 y+�!' i a Yl s;� y � ':y x�'. �...+i1r w ��r 4� k.«; A �",y f � a �;i� ! �i� d�,� p a ry `' wy xy ' k, •i 1y. i f �t ,u� ! , ! i. 1` 1 x int' i 1 4 4 1 I�� % f i i I '. (•' ( f a' 'f 1%l Y : i �1 1. u 1 Ir . R � tt , i I4 f � ]If trry � ' ; .. r ! sr +' w r 1 ' ��+ r P.,t - 5 1�%Ii�.�Els.�'.t+'^"t2LltoY� t.. _,�.a. uils5M. i[1k4. '�ME..ni Rs?L.�.aN1WMA�1+L�L"RNi.ul,iSd Ya1+%`IWr.Ti i iu •M?{MYYW/sYbQ.wAratl :lA.ur ' ,-.44 .W�wM•rlu :� c .IN'+ v4..w.4.�+MLMA�+.aJ:�'"=.�Yc✓,1M1(:ifAYS v y 4.i. tr �1 r' tower,and°attache'd antennas shallbe�paint},d'the color as; recommended liy the architectural analysis, ,i } Vi 2. The project site shall be clet�eloped. irl at cor lance with tl e, approved .project. site plan and the,' x conditions' contained therein, S.ad;site plan is on file; in the'Planniog Division and is identified as t` Sheet Aii1, dated 74 08. 3. All facilities that are not in`continual use fora period of six months A all be removed, from, the site, The site shall be recto"red to its original condition ox.use. 4.. The facility shall be made available to other wireless communication service provider. interested An co -locating atite inas on the same facility,, AUse'Permit shall not.be; regiiired`for co -locate r� provided that the height of th:, to ver do ;es not increase, S. The temporary crane shall be marked with safety painting (orange aid, w, al ternat�izg'paint)' and 'fite'd with strobe.type fiXtures. i 6. The terxiporary crane shall be lowered to a level equal to or below the hei�ght�of the, tower each night (between 5.00 p m and 7.30 a m ). 7, A steady red light that meets FAA requirements shall be installed on the top. of the tower: $, At the start of construction, thea licant shall; note all �uiown flight operators grid a encies,who pp fy Q in Butte, Count and who utilize low -fl in aircraft, of he t wer's her ht and specific operat Y� Y g g p r1`ocation, including',GPS coordinates, Specific ageinciep.that,are to be notified should'inelude; but' riot be limited, to: The Butte County. Sheriff's Department/Search and Rescue, the California _ 1rIighway Patrol, the OF Air Tanker. -Base, Chico Aerial Applicators; the North Valley .Pilots C Association, Pacific Flight' Services, Kenyon AeroCenter; Enloe Flight Caine, Me:cy Medical Center , of" Redding,, Vii. Davis Medical Center, the Chico office of the Mosquito and Vector .Control, District, the Civil Air Patrol, and the California Natonat Guard. , j 9. A licant ,must also Gom .l with, all 'other` applicable State and local' statutes ordinances; and pp p Y ... pl' �4 regulations: 1.0, Thea licant, shall ,int the top 29 ft. of the cellular antenna tower with, an orange and white striped p pattern for eas;�'idei 1 odtion froin the air, Public works A l: Prior It the `issuance of building permits obtain encroachment permit :for all new'' or existing Ad I approaches and construet them to County standards, as specified iil County Tmprovenlent L stand& s, `iii ' aL t�i" 12, o �n tp rtrile Provide an ,all weather. access 'of at least 10 feet' wide and with:, vertical clearance of 15 feet that will _ 00 nu acco date a 40� l. p' nd fire apparatus to all strictures,, AYES; Coiriioissioners Cage, Mooney, Lambert, and, Chairman Leland a �a BUTTl; COUN X`i' Pt, AN�tIN G COMMISSION � MINUTES; • FEB�EB�I7ARY 11 149 9 ®PAGL� Gni n,r.' i 4 7c 'OTW i l del,� i Yr t+ r r 1{ l•r C y, r c u�,� 3 A $tY " 3�,b i f ',ri t i,: t t �1 ;;`V f s-'v tor.. t` .dtt •;`J t 11 rf' t r. 1 }s:[. y r y+ Simi " 5., r e +,-.,ger y t';;, : '4 :' r 5: .1•.fir n�rrl p�`'. y ,�4a..lr,!4 a :r.:a' 1Y 5 $., II . finV., y0r i•i @ .,.:.v ' "spl L. ntl zq{'{W. r: J p`: k!' r:r', y:4i }'t hd F „r�,6y ( t t ;11 {r, a;;. t . s Y J iz+ �.. r,.3 f JI yya 1 BY-.. 7 t , ,6 " z, . _' I, t{;., r• .} +lr„r" [, i:, . 4x ..�a;+. 1y .,.,�i i'k ur lr� "iF'.,z: 1 .:.i'. vow" tfirizr 1 f..,` {a t:' ar z�`� 1i ,e.�1 r s ,�,rf .y,, ,? z{rsl. .f.�,tJa .. 't� ,,J, �•,.5 1f1'ti•. s4,, aku9) :1'Y 't^. .r y. 1 ybi �'h 7�X 1 6p k15 y n i " 1 •�7 y it e r .•A�t.`1 jt V '., *':� 11 rl fib .ti:`r t�` 1 r 4 �.;�i�rl r lei* t' ?a}•; .ter crl. gr1Yr yC y c ,' r ,r,'r r. f }e r t 1>�,}r �, i 'lt Y r . < Y 1 a " * .ti ' >q�+i y .0 z :;'.. 1 3' 'a, -F+ t P'. y l t [ ° •t . r q ; {':�,i 'ilu r• ''i' r .�It Y a.z. i'1 4l, 4 d. t �,,;[Y. 6.. 1 :�+ 1 tii!,L.„Y.3 r t..,.,” t iY 11 a" :;M1 2'4 s 'C ^iV .i 1� sr �. '• ,M1 ird aa�'<,. {, i.;+ !r ..r. :p. S 'li kie," i1yq� �.:....;f [ .. W,,"t a l r ,a+ftM r:�: a V >I( {f v 11rt;: "r t y.g1h j, • ir7 ;rVl tr t • t'4 SY. &i4 S I:r lyi i) 'r a t a6 k l. , tl v 1,yt � .' V , r k1r r Y j • _{ t ;1, r, V ri 1 Yr �+(..A f`tri h rL77 .;�:� }4t�1' Si 1 �}f. 1 ! 1 ro...lY tr '1 �' •ti ,l � ,17 1'T'.'' r•u '1 drVy,'elivttl 3 .i. x410}• >_ti 0;+ t r du dt, L �-i ty 5 x�t w ,'a 6 { Y �'1 Y y} i/ rr�,`'i 4 +� } .'<:.. r: flis.f ij i .:irl_1 r r. r a r '.A.., piph+zlik t i .}y i�ir, 1, rf„...,q�M ” rt .!, z zr r lY;;:y t[ r 1 t r v �k tr {r tyr ,. r a '411 at ' r r u:.,tu •s „..e,....o-,,,nYrtr..'<,nii.lz.v...aksisU..ukr:+�wionwuK:ut'6Uby. 7 [ ,Vk t Ar bGYil�-0,�1f�tllt�rdA�I,�tfMH fwka..�nF'... s.rr.uMalf„u t.. ..t n,„.. u,-+r nv�>• 1 Y�� Ll: L.s.:,..,.,.1..... �.i� .w..xir.wd �o.,a•o-.,.....x l ,.. �. s••^r••.;+••:aw.W+.••+:.v.+,. Y •- FRt P t��� o , NM Come nissionerNelson ABSENT. N'o une �3 � { ABSTAINED...'No one • Ruddy' CreekPartnexshlp proposed Negative Beelaration' with 'mitigation measures regarding environmental impacts and Use Permit app licationproposing a 156 •unitmobile home park'on property zoned ASR (Agricultural Residential). The project is located on the southeast corner of ` 18t1i ,Stireet and Feather Avenue idenh ed use APN ©36-360'-0872 083, and 084 t-hermalito. (SB) (Ul? 98-2 7) (ViD ) r a t EO Mr: Betts gave a brief summary o£ihe project He said .they were.waiting fora revised site plan to reduce he units down to 139, which he has not received, ' He'`said the applicant then m£ormed him he wanted `to go with the original lC6 units request. He said the applicant is not present today. He noted that the project was re- noticed.: t Mr, Wilson explained what has-•happened with the applicant 1Ie said the staffreport brings out policy questions weltingie Commission's direction on the density they would like in this area.. He said the options are outlinedIv in the report. Chairman Leland saiclitis extreinelyinconver►ient for the ;public °to come back. He rias in favor of'cotitinuing v�itlithe,, public; hearing..h. 1VIr"Betts said the Use Permit'was a roved in 1989, but was never activated and became void. He said.ALOD y t PP is recommending no more than 4 unrt?t per acre for a total of,93 units. He noted numerous letters from the neighbors in oppositionw A aid thelil`aoncerns are an increase to density; traffic, and noise: He submitted 4 l options for theC;ommission m the report: He: stated that ALUC was concerned andwaiYt the density lowered, Commissioner Cage said this project borders Noima &Marjorie Streets and she was'conperned about a board ''fence,' I ' e Commission could re stir, , andscaping along y g 1. He said th q. Mr, Betts said the are recommendin a solid wal. with the wall. r , Commissioner Lambert discussed the type of tnoliile homes in 411 park: IVIr: Betts said they are not called mobile homes, W`triAmi ctured homes: He passed around a picture of the type of horries'that will be put in. { 'Commissioner Cage said there was a deopn et t in Paradise that was very'weil done which is similar to this project'.: Chairman Leland asked why, the applicant, Would be required to cleanthe channel away from his property, Mrc Betts explained that this was a. condition froth Public Works and iF theproject caused more drainage;) then` the applicant `should clear out the creek:,i Commissioner Mooney'said `if the applicant payC drainage fees to the drainage' district, he `sh'ould gwt a reduction " I n those,fees f is is required to clean thee ;ereek dovtm stream. 3 $U'1 T't, COUNTY PLANNING CONIIVITSSiON MINUTES FEBRUARY.11, 1999 a PAGE 7 s z a n .iY; .t. r.o-; °oZa,.a, x r,,5 J, l.i :..{• i+uY”. -.,3, ..h .ra-�su ip_ :'".:r .W ::r3. u,3-. •'r,wi :. .. w 41 .," a �"a ��`t �'�. � s ! . z i y tl�l ! a vl t '�a a .+ h � 't t 1xr i M,y9 N e S! 1'• a v '7 s�'. 'T� t " 7 i61`� ai 1 I i t' +V I� 1 i ,}'..• >N A \ S ) }ll " t1 :! `'a l Y h f! 1}.d r 1 ar .6 � Y r 1 ', I f � ! n a ,! fY.' , I �' 4 :+ata .i� 1"t! Y � r!•' M.. 1{ Ya } t a i # , ( I 1 ,,, '' t. "r t ^, v , tt e Y IY r i al N 4 . .f y ys< ^ tt 7 >ty.tF3t�};tlDs 4y p k: e Z,t_� mA a::' � e, au,...ai, aiL�fs.Y"ar6rr.��.x..usAiN?1Nt'n•�ae�t} `.N a, t:.�eh?k : �,1{ ! t �t.4.e a ?..aa>....S.-xs.rw.. +,+ wnLY.�a...ws.k.L.l.ar.>;• vtx... �Y, die ,.w.v+-.,u f s .� Rk.KM+H'eb'aN sMxl✓•?i'"4�N6 , . n , .7 T Commissioner Lambert asked if'tliere 'was a mean to reduce the effects of noise, from the airport, on manufactured homes such as double pane windows, walls, etc,,? . Wit; said the interior noise eve Mus be 45 dR,or less, He saiam. obile,hmes are allowedn overflight zones which required review by the Airport Land Use COMMISSIO n,ALUG came back with a recommendation ' of not more than 4 units per acre.' The heann ', Was o tined to the public. g P Ken Lenhardt, ODA, the applicant wanted a continuance. He said there was mis-communication with staff r on when the rearing would be held. l There was a discussion ona re-desigci being a new project with new -fees. W11son said staff will re -notice the hearing if the Commission giv nn, terms of. he density issue:. Mr. es direction i, Commissioner Mooney said he did not ;see the necessity to do a new environmental revieyl! if the impacts are _ C less than' the origin al, request. p i 1 Mr. $efts said theyvvould'look at the changes and some of the. conditions and mitigation measures maybe less- ; Mr. Lenhardt askedwhy this should be a new project with neve fees. He said if the number ofunits change, they , should not have to submit a lew project= h g gg g to March l 1 to have the applicant presexnt. Co, rssroner Ca esu ested continuin this. r ^ Commissioner Moot skid if. this is continued to March l' l they should suggest a density level y r Mr.arilo suggested the Commission take the action to deny this without prejudice and, therefore, the applicant, , could comeback itY with a new project, He said the fees would not change:for Planning because everything is � e done on an actual trine billing. He'said with a neve% a licahon the fees £or other de artinen�s Would have to b_ pP p Paid again, �¢ Barbara Brazil said the schools are already overcrowded: -She said recreation uses will come down to the creek and drainage is a problem. She was against the project. Doug Wesemart asked how marry acres were,beiog'developed, 20 or 23' acres? Chairman Deland', aid 23' acre's, Mr. Weseman said a lot of traffic will be. brought to the neighborhood and itWill not be safe for children walking on the road. He said he thought'this area was zoned f11 or low density residential. He said his house borders the property andhe is concerned with added noiser He'said it will a£fect.his property values He submitted more . , . petitiQus against th' project He said this is the second hearing_and they did not want anmther delay and another hearing to attend,. 17ean �arigxlder said the applicant pos1.tponed the first meeting to this date and is not here, He said they took tinxe off work fora"second time to be here' He s4 aid he was cOnderfiddWithI affic and school rinpacts,' <I 40UN . PLANNIl�G COMMI SSION ®'IVIINUTE$ 4 FEBRUARY II, 2999 ■ PAGE 81M BUTTE C , r^ is e r .J4 Y { 1 �r x *�+,•rrtw"^'*,y„' "T"r''" s ar �I ¢`' } , .-A.:....,.. ..,«,—..�..,......_. - a.+bU#v�Fr1'iVAauruue«...t3.a��a.�i,Miwsv-.rr.+e.wS+<;..u4.tr-.vu.,7777 I , ,I : Geraldine ua le said ori 'nali the werero osin a brick wall then a chain link fence; She wanted a solid Q' Y Y p P g Wall if this is approved:.t 01, r � � Mr. Betts said. staff is recomzriencling a solid cinder block wall, , Ms Quayle said this is a nice area She was concerned with impact to schools and ;roads. She said .this project IiI. nconsistent with a residential neighborhood. She was against the project: xiarry Kirig said this project started 10 years ago Hd said the applicant has not been to the last 2 meetings. He was concerned w ith noise.,He said this, should be a senior park development J -approved., He asked that this I project'be denied Mrs. Vallis she was concerned with flooding atad; schools..She asked if the:project comes down to 16th ,said YVIr. Betts said there is,an easement to 10th Street only, b' Belores,Olvn said she livres ori the west side of this�site She said.she does not want a trailer parlc. in her front Yard. Ruth Crosthwaite said she agreed with the other speakers: She said the schools are overcrowded, She said 4 G units per acre is too denser She was against this project: Fred Ger9t submitted three maps pertaining to the airport flight zones. He discussed the'approach zones which need to be looked at He said this zone is 55 dB and residential should not have been approved by ALUC. He discussed the trips per day m the Initial Study.' He was against this pxolect, : Mr. Betts said the traps per day figures;corne out of the Institute of Traffic engineers Handbook. Mr, Gerst said development ' the area took away 120Q ft of runway at the Orov Tle .Airport already. He said , this development, would cause more problems'; .He said all County Airport fl: ars outdated. Brian Baldrdge, Pilot's Association, discussed the economical contttibution an airport maltes to a community, He said it is not just for nob,people to land their planes: He; -said the Pilot's,Association is against an increase in density. ;He said if This' is approved l e would like to see rio,More than 93 units total: The hearing was closed: ; Mr. Betts said the rpplicantsubinitted a plan for 1156 units. He said he talked to the apphcant;and they we"re I gong f o revise their plans. He said the last time; he talked to the applicant they, were not going to lower the number of units requested: He said the applicant does not want to revise these plans because of the cost: He said,;the applicant:wants "to.knoyv, what density the Commissionis willing to approve, then e will revise the plans: Commiissioner Mooney said'th' change would: only lie in the.design of the lots: �,. I r ntinr density, Chairman 'Taeland said tris could be. coued with a Motiot► of Inteto nt approve `a lowe 'ComimssIOner Nelson, said'he would like to see a z ees plan and have the new plan rea, yfor tlhe'p6blic to comment; on before this comes back. M COUNTY AM4NING COMMISSION e. MINUTES a' F1 BItiJARY 11,1499 i ;�l 14 4A4 4, The . exi, sti� ng, improvements ov'-emen: s an d uses are less conforming to A: T et Pre sdiv Zoning,Dktrd and more confornI4410,thd proposed Timber Mountain Zoning as,si�ppoded"4m,F�'mdings�A.�.1, b District 3 above. 'j The Immediate rezoning, h al"'and umnitipted advers& dMot upon the ocs,!nbt avowtubstand 1' d n� fim'�erI4'44�preservt, and ntinued -space' use ,,of other an zoned as co timber -growing use .,or open d is situated ithin,onemi e f th t w -of the'extefiorbouTi boundary o I e immediate Timbetu uptam-4602o Di, proposed far the rezone site Will not' The� i8trict proposdi Prop okd, _9w wrig, of,80rro g-, ffinbdriands or open space land be detrimental to the continued productionUndin to ina0agoincht, raising; harvesting 'he, 160, zone p 686d allows, for the within one rule, The TM androrno"Val: of trees., AI C.The soils; slopes, and,wat conditions will be:suita le for: the uses proposed posed by the t t ro d Th6,st)ils,.�sto�eg;,.aiid*atetshed,�cotiditio,iis app can if the inune ta e rezoning. is app ve, .., , I " ., � 'table. e,usp, proposed b e applicant, it 99-01, and, of the site. are i for the the disclosed in Use Perin Su y t the uses,, al owdd under, tha proposed TWI 60"zone. This is supported bthe fwoposedNegative x. Declaration prepaied by staffo i. for the use i D, There isno:prox suitablethat s not within landscaping, a. Timber Preserve Zpnm District The site's unique setting, including the I dscapin mature trees, view, footpaths and lodge contribute 4ualities that enhance the site's use as an - a' ptibris., Pfoximatelafid, is not available that outdoor, recreation facility for, weddingsnd receptions: ld pro id 6 same Amenities. would e, th E.The propogedprojoct is not being sub .,f the existing substantiated on the uhdcoriornic, character W. use, As supp,otted by Finding A 'biwa- the immediate to one is substantiated ,upon the, , t b ormoa toi*� a Timber Preserve Zoning District 0kisting,imprpyen.i0ht§,Afid Uses eing, less' co and in I orebonformilig.t0o aTimber Nrountam, Zon.ing.1jishict. An fnmedi td1QZon6j. as support,ed, by Findings krt ab6vetonfoinsto'ButtO Coliffity Board of Supervisor Resolution 79 -20 which; the procedures 'for iffinediate' rezones, of _ Timber, Pre'setvd: Zoriii3g, 01sti7ots''.. AYES:- C mmissiohdrs 'ooney, Nelson, r: an d 'ChairmanLeAj r 496 jqWi, Commissioners :,C and Lambert _ ABS9NT,N6 one.' ;'; ABSTAINED:Nd on IS9 son an o appro e ooridy, seconded by oinmi dcarried t y �oi joi V'Use: It was moved b C mnss ner ...... rollo�oiftg 1, for e- g n su�jed to the J '-fiflobs'4 Chang6. Condition -3 10 Permit 99 Paul Vc,'uid 'rindings,an"O'cow 80 parking spaces, require all parking; maintained g'Aregg hd'dfive" driveways h&,property eWith 2(L d o required gravel, ,and identify 'three , �j icappe parking spaposi,Amed Cond,,i' nj I to,add,`Toilets,areuir e .g to-boremoved if the nexteveitiswithin iffiteeweeks.; Chemical toilets arenotrequire in the6Vefttd�SOPti0 systeniq ins a`1le'd.1 the satisfaction d46ti6r,of4hd Health Dbpa-ftm `" Add, ndw,0aApplicant to piwith thq� requirements nd WNo..gra ing will take in the winter months of thevato,r4Pr .Zo , I as dei fined 4ff the Watershed Protection: Zone, ove4berlS-through April 'd t1t �0 "Jjg�L� )arkl id it Nelson. sAid"he'd ti6t Wan o see: � p 1 1 8 ifthey wotenot neiqdedi ai i Commissioner ' 0 � space si ner '901mis , , , would'mean.more grading than necessary, HO'said staff a, Public an:de decide, TTS COUNT PLANNING Q(M ! 'ION iMINUTES FEBRUARY 1-44090'k PA0914e 'PLANNING DIVISION! DEPARTARE OF bE ELO MENT-M Cb§ NT v p 13VI IQ 7COUNTY CENTER DRIVE ',, 6R6VILLE, CALIM�NJA 95965-3397 TEl (530) 538 7601 q FAX: (530)'538-778S5 V .'�OVNTYIUDII"UA-llv'l-VIN.G.c:olmmI SI 19UMC T ACTION 'AGENDA FEURVARY 1,11p 1999 Iyyy TIME 9, -00 aim. Boar o f S igori' Roo , upeRoom, CountyAdniniS trdtf6ftteriter 25 County Center Drive, Oroville; CA.65, PUDGE, OF'-ALUG, M_NCE Lambert; N6honj Moone giRd Chal ROLL CALL COnmuWon'ers Cage,,Lanib irmaft Leland. A CUPTAN C E OF AGENDA Commission1noinbers And staff may request additions, del d6tm o changes fti,the Agenda ordeti IV.the ". I - 28. 1099. _14MT 1TS m ,Apprpva, of infimtes for,, anuary V. .... or approval i. otic motion These items are considered c6h9dft msarp set f, nto oxi- CoNst t itemsd will be made howe�, b 9kedi tm , di�wfi' No: v�res6ilt6fiongv or, some e.a, 6onDv­1­ —b The. c6j��sgionet,o'r"m,em.erof�tlii)dblicwishes 'to puI wcoiis6nt item for is6d'srs"10"A"i Brief questions may ,bq,asddoftany 1ft enj.,, V1 0 'Aby, ON TRE1 AUNDA, (Tr�8�cntations BUMESS Fk0M THEYLOOR,; 0, tMS NOT ALRE- will limited to lad pFohibii.dd'y *afcLaw fton,`taking acon on a y item be Ii 'l'te&oa:the Agnd4) jiresent'ecl if snAis V1Il PUBLICBEARINGS_The Chairwill call ,for ;9ta comments, The hearing gwlll'bq opened nedto the vii fle proponents, o" b o,gdd to t6 public a &digqussion,confinddt6 the oppohlehis, c" mmen S, the ssopwill, .th et al 0 yotdpll t It Cbrinnissipp, 'he C 0 then mak , in "Ooti �nid, nimii Itis rqqvi6gfe� ( t PalhifididdlttsefitMibh8 bb lni6d.jo amaximum of '5 minutes g&,.hdt all'inter6ste d parties will address ne have an,op innyw­d R6§ tlk*Commission , our, presen atidt,~lease print your name anaa, 'o-ft, f speakers shdctib AA the recordAil`be-adcura e. nottb T ow. 11son y 4, econi'm -'411611 And Iiiii considered erecomnicitidd6oh indicated bel f fi, �n no,�ye, been cons _.Lit 9, , . I t '6 Office pidsoift1je tarkoor­1 h J6 n the anning. onithissioni Ito p in ii WE WUNTY T'LANN%TVG QQM Iggi ON 4OWDke FE RUAR7 1,'1,199 —_7 u : xr'+'�a '"'w'vs"'"fi"�"t "•E , r r lq R r r , n r ,. "i� 1 O.r. S d” e 5 rw Ekr i k r s.+ .. :x -* x;fr #' ? ' >fv s :W r r1,�y a , a4 � � w5 h p p y ' ..�5 'V », �n'�c • r a.�." Y� 't a An 7 ` „ °. ^.:,q u�s�P 4,x ,.. r�t ' a ., f r.rry t�• � .1 •.�1 p8 -..s I � � �,. ,,y ,i.r 1`�' ,.rte f c& ud 5e t:>•`,.S > ''�! !P 1+.,`>, YZ v?o' '. '•.1 qt°. ;"a .AViJ,i. ,"N"=A 4 a: . ,.x 1 a iE,:.1 t L._ 4 a •;N ti y• 7f >I ,t t hC.'.,;� Yi - W:f, Ufa",,t,.. j �1 Y 1cr: r .� t "A •4! i, y 1., r ''tl '�i. l��.s yY y, �:s .4r t , rG 1 �kSiYa, r,41,a {, ,..r i ;44`L,' f t,cj..;h f% 7+„k V 915:"` 4Y .!" i".'4. `�, f4. 6.1 1 nt..�.iF Jt k $ if.. A{i L{,G ,�bf yt �• ir.. e A` 1f t rl: a. !) r 5-. j r4r da :, e:IG 7'S .l�w'....ti.�: 1 r��'a tt r. J.:.tt`t `- - s ,rq t. : Y:.w f'l'YR.A !ql ,.: _ i..S9 i '.'.,i!.' j.. t.' 'tN "].. ay !+ ,j1 f :w'i. A�-'t q .(✓jt 4...i�r"• �a+';/'( iS P , i 5 �,x, .p !. r r e:�.."1J kl� rN:'i wl 1 '?f d, i I is 4� ,si '•y rf�J ! ,y: ! t•At .1}� !�! f + r I 44 y'�� 'J;. � Y I,:; r^'a ;i1 ! I. , � 1 : , t�y'.:v,^.a > I 4 .:�r ! ;:�s" :-yi x. +. i',l a y � Y .,;;x t • ➢ � . r:'1 t + "N k `c�r1 t t *,�, 0 4G;..1M A f 1.6 it4", Y5• 1 t• 1Y i 1 r .. 0 ] .: ��',u." $h 1y , .�.i ; a: i' I I6 s `Tib+, 4 Ly :;1., qxV S¢ t C,"4'>, r Y1 EY ;y.. ��, _,6.= b l E: b4•I 1 r I - �" 4.bY'.w i p ?1 ' f ,,:.fa t l,' I . � Jilt � y,' .f {I 9.A , f itE'q,(,� a'� �r._i. A '.t .at"C, t 1. ,6Y r , L.t{'..N �° q�� 11. e •y' at.,� {`�?,1 t :>,.. yt N+f',i4 ,1 .�'tiu t t Ir :`F r I i VV ll , 1{4 S n E.�E1 k iy'.Yy- XGiy,,,'<}.,Ad:Y,tNuX+tlkt!!1,f.fCksrPiifi+r,'.ii",Y.*t'.t+•'KI,�W,. �vyx 1,.� ItR ihNH^'++"++N.'d`. .Yi yJ�iR r}�Ind. uq'J. WLlirb.hW IVa.rwz!Wia+Y+lnrrN�Y'1rY+YCY A t t A I�jjI.,E•, ! p , y� . ! filp F °Y ,{� Vice Chairman Nelson said it was not their. intent to put feed stores all over the agricultural lands fIe saidi for: that wants to sell equipment, `supplies; feed, eta this would be an accessory use,'i.e., a stable be and will open the door' fox large coiriinercial' uses In the • R Mr. Gerst said this amendment will abused agricultural 'areas: ; lde said this proposal does not' address setbacks from other agricultural Lase s; �Ie a l dLscussed financing the, store xe said most lendmgJinstitutions will not finance the whole farm sc there be, request to segregate the 'store. He thought approval of this ainoxi ient was premature. Wil- e The hearing: _as closed. 'J Commissioner Lambert said she has not coirie to the ;conclusion that staUles. should be allowed, neer mind a feed store, in the agricultural :zones: She said she agrees with Mr. (Jexst that;tlLis `should wait Lintl after • Element. She said she did not feel this use is direetly related to the iulementatioh of the Agriculture p ' She said'this is a-cornmereial user She noted:the-increased vehicle trips on rural',roads. agricultural uses. She said she could not support.this amendment: She said they need a definition of agricultural uses. She said. stables are not appropriate in orchard and field crop designations. 'dice: Chairman Nelson not believe "this would .be a problem. He said the intent is to supplement a ;did bsiness suchas a stab le • e` askin thea cultural people to allow a commercial use in' Commissioner Cage said it seems like they ar g ' . the agricultural zones. She discussed the impact to existing• commercial stores. She was against the project. ¢ , Commissioner 1Vioaney said this is a .commercial use and,he is against this airiendmentY It w moved b Cominissiorie Lambert, seconcled'by Comnussiouei Cage, and'carried to 'recommend the " _ - e A-5 through. A-160 zones, amend Section 24-; p 90 C. 3 to allow feed stores in th B,oaid of Su ervisors not AYES. Commissioners Lambert, Cage, acid Mooney HUES: 'VU ,e Chairman Nelson ABSENT; Chairman Leland , ; ABUAINE A• 14 one E Cage if who,grows fruits and'vegetables sell them; that is fine. She was against Coinmissiotier said sorneorie i a stoxe'taking Business away, from the existing' stores: I , Yiutte County Department'of'DeVelopmeht 5ervcces 'i- ZQuin! Code trne rdnaent to Chapter 24 of the Butte County Code to make provisions for.temporary asphalt and concrete batch plant rises in :conjunction with active,'pernutfetl, aggregate iniiii ,operations 'County _wido (ZCA' 99-02) (,CBS) Sanders a brief summary of thy; amendrient.[e said'; a mining site Would need to oUtain a Use Mr gave Permit first to allow the batch plant,' then an AtlrminrstrativePcrmit would need to be issued for "the plant s itself. Yee Chairman Nelson asked'if this process would go through'the planning "Cominssiori or staff? I ®BUTT,GOUNTypTANNINGCOMMISTA:NAI28PA3 E u : xr'+'�a '"'w'vs"'"fi"�"t "•E , r r lq R r r , n r ,. "i� 1 O.r. S d” e 5 rw Ekr i k r s.+ .. :x -* x;fr #' ? ' >fv s :W r r1,�y a , a4 � � w5 h p p y ' ..�5 'V », �n'�c • r a.�." Y� 't a An 7 ` „ °. ^.:,q u�s�P 4,x ,.. r�t ' a ., f r.rry t�• � .1 •.�1 p8 -..s I � � �,. ,,y ,i.r 1`�' ,.rte f c& ud xT S wV T ,t k g l 4 1 ;� a. 4 r IZ a I- a '2t at q s £A +• �,tl I .4 t llty 5 1 4 4 ti51 arw i x l ,•i is r)�' x. ��` A' 1 i tly f � I T L t .�, (IirS.), F �''�, r N N.vn f 'w• a 11 t .; a, � .jt �L4' l {,a ,? t � s�a. _;an. ,..��.oax'.•s..,..,alwai%k.,tr.,�+L4�r1�Ws.iFIVHeis?aRA:,e �(+ '4 1�. :NdF�N.11i.}1,y1=ir...l F6i.,t.T 4 I.4ri? i.•LS,MY1MniN�'%M"T`• flow:^�'+L'�LGLYRi' If+wN'�7'1i+i+i1S ;+�•pM..0 L1Ya.w.iaL«A i.Lr.bvLe uaFa4�*.."f v' t :,Y( '... ,. Fern fi tr ati e se=Permit would come to the Commis�io nand 'nis Y ' 'Mr .Sanders said therequest for aU the Admr v Permit be to ee if the site for the batch plant is compatible. He said r I � would not. The U' , vtworild proposed the neighbors would be notice., nd there would" be a public hearing; He said "if the Commission appxoved the Use Permit; then the applicant could apply for aft Adiriiriistratiye Peithit to put in the hatch plant- He said'ori Page 8, #'I of the Report it "states that plants need "to be in conjunction With a permitted mining 9 operation. Commissioner Mooney said,this project was brought forward to" allow local plants to coinpete,for public lL' contracts; that local ;suppliers could not handle the. quantity for. He aid it was his' understaridtng they were. �looking atpublicprojects:: t ' Mrs Sanders said`that was the "original intent. He. said he did not know how many large private eorifracts Would be "available that.rVould attract someone like Kiewit Pacific or a larger operator to set up a batch plant. The. he'aring'was opened to the public: Dennis Robinson Robinson Construction; thanked the Coinrft1ssion for'bringing this forward as a puUlic k eI hearing, He'°said local plant owners were not noticed for the first discussion. He said staff should have done He this will not local people to work He said big' � mote xeseareh with the existing plant owners, saidput corn anies will bring in their ovlm eo 1e. He said the Commission was told that the existing plants could ; not handle the production or the ant4y of materials for these larger projects, and this is riot true. He said rnost'ofthe nonevwill leave this County: He saidthis would all outside contractors to tape jobs away from local suppliers. He said this amendment would bend the rules for a fevv, He said this proposal is,a loser :for'Brute County. He'sad this will hurt local businesses. He. said thisvould allow brig businesses he 4esaid they now'have a level playing field; and he wants to keep to cone in and under"'bid local jobs. It that way. Craig Callaway, 1Vlathews steady Mix, said the zoning code 19-6ffective the way it is. He said this amendment is asking the Commission to get involved Wrth private industry, He explained his concrete { k process. fie said' this will iippact, existing plants in the vicinrty"negaitvely; He asked that this not be approved, Vice Chairman Nelson stated tt,ut staff was directed to .Or this ordinance and asked that they not confinue to lie blariied for this cammg before the Gonrriissioii. Jim Gaurner}; Vice Chair"of Baldwin Conttactiing, said lie agreed With the previous speakers. He asked if these nevi restrictions would apply'ta existing operations; Mr, Sanders explained that they vwould.be apse -existing use unless" the operation was stoppecl for over'one yeat He said`on y new operations fall undei"the new requirements. Mr. Gatmer said there were "contradictions in the report+ Ire said page 2;. paragraph 3, talks aU 4�it restoring for G rrionth ; the site,'but Exhibit A talks about less.;tnne tror te the. sire, lie said in paragraph 3;it calls' a ` extexasion, whieli is not the same iri Exhibit 1Vlr:'Sanders "said he would` ask that pho$O,be made to Exhibit A to meet the Corn issioris' recoinme`ndations. , C TES. 0 JANUAltI' 28,1999 �! PAGE h �+ BUTTE COUNTY 1' TWINING+COMMISSION MINU - . � a :� 41 CarnmYssxarier, Cage's znotAon died vYlen thesecond; was withdrawn " ' {' 1 Ckiairrnan Nc ison asked for a corlsenst s of how the 4Omm1SS10n wants to go with flus amendment? r+ Carnrussione 'Cage said, she would lie to see #3, on Page 2 put x the conditions if this` is ap> oyed. w Sanders said"if: was indhidecl `as Condition 5. - .{. 'll lt. was mooed by Comrnssianer Mboriey, secondetl;'by Conmissiouer Cage, atid, unaimnously carred to ti re cammen denial of this Code Am ' din because there is a process in place +?�hicli allrws people to- obtain a, batch plant. ` AXES Commissioners Cage, Mooney, Lambert; and'`7`i`ce Chairman .N so T.C NOES :'No one t ABaENT: Chairman'Leland ABSTAINED: No one �' { r GEIYEAtA►L 1�lU5iNES5 This section of tlie; agenda is to be utilized by the Planning COW7111s'S`i6n: a'h' d' IJirectoikofDeve lopmert`t'Seryices cin ttetais of h Brest, generd discussion, or items f w-Iiicl h staff has been dire"cted to do'r esearch and ging c- o'the Commission. Rents A; B,' & C may not always be addressed at every hearing, but will always be listed us part of Me,, ida. A� „General Plan%Zonnig Ordinance CJpd'ate B:I Legislative Case. Law Update IU": " Planning Commission. Canceris . M .ADJOVA'NP `NT There be' hex b' sine ,the Plamungomrriission;adjouined at 12;00 p'm'," L' Chairman Itilcha•d Leland �, P7 12 77 J \�'DOCS\MINiJTI'ESCU128,99 m BLI7"IE COiiN T'LANNTNG C01ViM15aI0N IVIINLJT`ES ■ fANUA�Y-28 1999 a PAGE Gw s y M..grr a ^`y'.sN'S%-,�:z %r"`• ",S 'y n CASA �7 1 7,' ;,,R' " e.;' J 7 t-0, a ;, xr v'l,; d<.. .,a �.: ,7 i i + t::+ .i 4,�"ryN �r t' , cr ,r•, t �1' ri+' 6 r.�` r � +r' ' ° � r ':.Y I £ '".fir i^ e,ra e ""a.w 4t �`• tj rPY w ,�,il ,f, r yL '� y r.s a,rk a., {, � 9iyawr7 1p,r, M � v ','y�.r1•,""^^.;•k'..-'_ A; -'777777 9 b0,a:m - JBi tte bounty Boaird of SuO.&A 9 (Item 4etermined to be a General Rule 4. Exem 'don,fxoril exivironniental"xev�ew) Zoni`�ng Coyle Amendiment to Section 24= 90 (Agncultutal Zones to. allow feed stores subject do a Cariditiozi Use Permit in , ` tbxci ghA-160' (AgricnI -al - 5.acre parcels through Agricultural -160 acie;pbxcels) " zoning districts; and adding Section 24=3 148 defining feed sfores,• Couity-wide. 1-) (CICS)• (ZCA 99-0wo B. lL�ecommeud Denial 9 00 am.. t. ]butte aCouuty Department of ]Development Seg vacQs Zoning` Code 'Amend - to Claper 24 `.of ttie $utte ;Cotmty Code ,to make provisions for temporary :asphalt and concrete batch plant'uses in conjunction w1th active, permitted, aggr"egate mining ' " operations '- County -w -02) (CBS) VI"z.°�'1�h1RA;hYTSTESS Thissectaoof theagertda is tobe tttalized by, the Planning GomriTissaon and Direa'tar of DeYelopment ; engces on aterris of 'interest, general discussaora,°'or items for .ivlzrch { , stuff has been directed to dv .r'esearch acid bring back to< the C'atnrriissior�. Items A, B, cYz C rnM) nvt always lie addressed at,every hearing, hut, will always be listed as part of the agenda.' f, A ., General Plan/Zoning C)rdnance 1Jpdate r B Legislative Case Law Update i;. P1aning.Commission Concerns' •, I IXC "JONT t�I'LANI�YING\AGE AS\PCA012$,99 It Lj .I u , V t 0 k d { ll 5 I f I(, , f 16, I 1•i r A , ' Bil T Th COiiN71X PIrANNTNCi COMMISSION 1AGEIDA J`A�lilARY Z8 199h q' e r a: �.,� �e ,' .il' 1 n 1 i �1 4.r 1� ,. r�rt �, ,ct/17G 4m '/, a.4-ta d t �" I. v t I.! c) r•t. [, r � �`" a - � r r t:,t 7 �. r r �.r.,',�t 1 :,��V,x it �Iwr a'+ f �; .i .;a'i r .. n r11.� Ys� 1 t� t ,...A ,... .f;.: UiY � ..r •; ;-i{r 7yXx'S {ya.� 'er ',,.! r -r f.,l r"td I ''] nCf!"'� �" 'i rf r r;r"' r r1 '° r f ktix,...T t +1 t 7'��' t','y 0 41i ir'�a :,'; h t r t i ti �.. 1 i jyvd f ,� 7, , .i i :�,.. 2 r , W M v.x t 1 Vr> � t '{ u .i°( IF A.r ,.' .t x / t q... � ii 5 y ',1'µ.I 1 7 :+," V+tn'� 1. �;; hi '.,,1 ..tll .•,t ; F. yg F 1 � "'. r.".:r:s. Y+r4, � Mtq r+�-ra i �'i1> �:`+ " t s,.idi'„ { � �1 � ...iCi a,t ♦t '�. , ,1!,� pr..,}:;.r. tc C Y,"`'nl tkw rrt,q ;: it .,ArA.',v :a.ci.�7r . ��...Y �,�'a,.o r 4,. ,-9�•y.l.,, ,_,�:� y� .,�1„_rut ,5 ,�x1,a,�r.�'11 ,,r..tl.k. d 1,9,:r1sa� t ,,'xM1 1 t I i � l M11It'4 I k YI 7. r}. 'r �, f •.A I' 4 r..l:aua>+�-4irie+tl6ariwrn+r.4w:'.i;<'1X... :JN eiifFr�4�+i' p . 'n t i exFh'K�P"”"M'.x�i..e19h`vri7.Li.�.wM�+ww.t�rAro-F`w�FWr- rw�-r. NxPa. N /k"..... -Y nay".xr�tH✓rfy�l,A= u � `'�i1;6�ixtJ:aiSd+,aii;�Tit,4.p.+•..tu..4+e..I.i^.��I�l.•n�..ux�,4w.ws..-w,::.µ�..�+ d . „ it Ji Comrrussxoner'Lambert said rf this is approved and there are :complaints, this can be referred back `to` the {1 . onuapssron: She said. with a Use l?ernut there would"be"conditions to ,control'the noise: ?'. Conifta ssioncr Cage said this is a commercial use in an agricultural area. 1 I r Ttae hearnig was opened to .the public. l]Wk Roper; representative, said tae tune constraint listed in the 7JJse Permit"tG complete the coiidrtroris;in 4 time be to,6 ox 8 months. He, said they are' corning a Months is too restrictive: He requested that,the changed season., hTozaid lie'tallced'ito Ted Crawford, CDF, and v�ras told the road is.sufficient. Fi into the rainy Ray 13ransky saidAhe"ie' wast another petition subnutted that Was signed by 20 residents regarding road and no issues. He saidthrs.is a residentralarea: He said;the noise last; year has bed noticeable, He said the int kennel s'an existing use in vrGiation of'the zone. He noted that Animal Control has already received two complaints ori this kennel, He said by allowing the kenr�el,to ,exist uiYtrl there are complaints puts the burden of enforcement onto :the neiighbors: He said if the, Planning Cornrnission vans in favor` of this application, he asked that the Use' Permit not run with the property, blit with the applicant: 1 i, Mr. °Paulo explained, that the Use Permit runs with the land. He said there are other ways 'to provide limitations to the permit: He said the Coriunisson canestablsli a periodic xeview of the project. and the ` have' a fist of concerns. Jori Peterson said his tenants live' next'door to the kennel y �concerns into the record,' The dacuinerxt noted noise; road conditions, screaming from the dog trainer, and.' w overpopulation of dogs: I • Julia ScYruller said e livest nd osir AeShesaid people in athe ef Hoevenui this area have no respect for other sh.7 .�' ` people's property. 51ie said cars drive down the'road at an excessive speed She said they use the road to cut i through to Wlson.x,anding Road:;' She'said tlie.h affic ;problems are not,caused by the kennels: k Sandy'Dunlap, said the traffic on'this road has increased since, t11e kennel was established.. ' Tylary Comfort,.Orvhard Blossoml✓ane; said the, traf a wfast. She: said she cannot open tier dooxs in the morning beaauseO the dust, causea, by the traffic: { Carmen Besser Besser Court, said'the kennel rias disrupted tlielrpeace and quiet. She said flus hh qen going on for one year: She said she is concerned for the safety of the -children in the neighborhood and other t animals, She said this kennel Y f to -er property values in the area,. Dick Roper said Hoslcr Avenue rs' lI mile away. He said there- at speed bumps on Orchard Blossom Lane. , He'sad the clogs are closed rri .at irght. He said other ;dogs in the area bark also. Chairman Leland asked about the applicant contrtbtrting to aroad maintenance agreement: Mr:'Ytoper'sard he }vas iii favor,of a road rriantenance agreement i£ everyone on.tlie.road is participating. ry y gr l�lr, Peterson said the nei fl�bors `et to `ether eve 2 or 3 ears and avel the road. i k iVlr, Bransky''said people further away tlIan him have Beard tyre dogs' larking He sand agricultural uses are not a problem, just the noise from'tlia dogs. He said a kennel his not. an agricultural use because dogs are not 1 ■ BUTTB COUNTY P CANNING CONTMISSOt`T' MINiJT jig Is JA, 14,99 a PtkGB 5® i 111011ii 6111 !' 1 d• Y ,�{ f i r V `-,', li ,i,ii" t y�s.,p, ✓ W y i. f I '-+ ) r i 1:6t 1i _ use,grid fire- n Comply with the Unfokft uildinCode fox jijeclearances considering' area . 1: , existing buildings. resistiveness::o Ariihial-CmUbl permit ftoin't 6,13 6 OOXity�Aminal q0titro. issuance o f ffie u se,pdrnii ,qbtaijja,.cennel h 'Bute Or to ctiVdtrklorsyst9TS9 sound walls, ug, or Nuisance bb rkingshall be.prevented by means of noseAdp ' q . e d. ofber lnitriari6 methods. -1, ssi ji approval x Orr= 6 approval,anhiVersa y the Planning C , 11 1 1 - "�t t, t th �n godayg- prior to the - one f6rI 60nipliati h 1.6=Nola ter o 0" . I 1 l Office Tor, rW shall e 11afining, 114P g; the cost date of this permit; theriapplicant h 1Y1tO t" arm h'dul d, for, a piib caAY noticed it li e t all be., - e conditibm 0 f�6sperrm This view shall sc , e. of which shall be borne b e 4PPY1cant, the rezone that.had.odcur ed appropriate, attlifs.firrup,based,on, C6rathigsionor, �Ng use Was Nelson did , not f� OP t =61 dcftsitY-� irittic area, OMO .., Commissioners WOODY, t..dnbottP,and Chairman Leland IA N018S,-,Commissioners Nelson and Cap p ABSUINT'No"one . her vote At thisthm e,thaCcnni9sionerL mbert asked,to , , I, ngdl Staffa t.jcftoW at, the, t',,, irfieliow to b ATidlo:jIle, roquest, . t6 1 Negative 0eejAt-At1,6n,withthiroems.regarding mitigation u jh6bil-e Budd- otnh :--1propos environmental i4Adt$'and INpermit: .application PT9Posing td1on the solflioastoonerpf 18, Residential) t is I :udd'C;r.,Okpaftuer;sh.1-p Prop6 t zoned (Agoiew1tttalRdsen StreetandTdathek-AYO 6, identffidda§ 036-360-0$72,083,00d 084 Tberft9lit 27):, (V, aring,b, esaid staff needs torevise saidtherei v reqiies"ff'ro;h ffie applicant etonfinupd.,H, , ntothis projedt because ofthe the Initial Study and Staff jtpp A,Resaid .there "are sqoo 04in:6ppositio ' ,3das increase vky 'The, h earm9 was ,opened pe, �n�OPPOon0, 8project because 0 f traffic, idensity, s ty� , itte ". , pM6O---Tdid't''drs!tW1 I'Linda 46seid&su , id WarO'r fence, Shesa*tjo& zoned for I , toncoffiswtht- cho6lsVOof sewers :lot, er saidldjo bought j Norrie He lieV ould,not,haVd, bought tbtjj6usoi. he, had Wi eanV i m. this projeCt"might go, $e W. poficorip witt,Wfiddangers and thPUftsityprqbid : *0 A�NIQARYL 14i G '. , 1i P!CQ MINUT -EirS '-U�"�PSAN IN iiii will 1,4 A it 1 5 t" t I 1:1 1 t r •1 �a � t x, 1 { f1 ,f I!• ar °w�:;ti Viii `.1 y!� r�,. �'":, r :yll,k 1..•y'i �,^,. �:: '. t "F �a,_ 1 .: ii+ Ix!�. t.°9 vi: �-+ 7 I, i ,p kC: ,!.It. t'h�. y y' t+� # r r ;r,+,', a ,�+5, I'1 t{s I w 1 ,1 Ir r u 'yYluav 3, `i' a 5L.+1, 7 d t y. '._t, y q1 5 t ;.n.b lr x.:':+ ( iaa 1 i•..Dx' t r i.S:,:...• va:S7 7 •..,dS" i.Fry '4(. ., az;i: { i xY A?,a x ,'r�:e, -` - r A. ': rf.. 'A'i i -�r,� e 1 Si... t_ r ..y .. A r s � 4 ht 1 'k 51 li k+ l mSC Y w L t, r, 1 1 ,t. ;Itb�R 6# i' i i i } k C Y 1 i I +'S� 1 4 Y 4 p A �fl lS f4'Ytl k #r.`. ! ; k :; �4 g a W <�ti d A� y�. 1, 5 :. I t w _ �, s i- A •'' C � :., r I y a. ': � Ali. =,x pq ejr?i , s ' ,i w; 4 ,rii-.. ti ,yS,yrr,, !1 . -r- : i v •:, .. aril 4'17 t ++ r S:[`+ '. c.; t ..r. z! y , :,' .I J "•'' r Sd . +«+ 'WE{ t �f. : � �, r.k 4 r - 1.. t i „1F �t lr ,lc'. y} .:1:ir,< 1 ',Y7.• I,k t �c 1,, S J b�!'xt � :r., IA Ik 1r , ! I :li."' Itrr •1 :1 '1 St � N5.5i i ?rt YY Y I! i '.'N Y S ! Y 1 ' t r ; t+' I >� r t y.. . t x }: t, 7 a t .~s.. k R t . ,a: w) t• r :f a - 4 r �` J r 6r .. {{ n111; Y 1 yc , <; ti� w s� 1"• kpf-. 1i i1 1 f Jk Y rr w+: t , , tit a r. - i a ,,y4 .a• tai C ,: 1 y :j i r S wy r , . � 1 I+ 4 t A.. x J y u:-� �� G 4 `' Y lj ,". r& j4. ri 5 �"', r ',�i `! a'i'" � , �: r r �.r 9 ..a �. , i ,S t u I i{ a Sti { r ra4 S i v P11 ,Nf Y ,.,..-•. :,..+b..rsw++J•a -,. fk i 1 4 ', 1 ,G lu ! J 9 Y.: Y� � I 1 Y Shcr �! i x '' P Y a+.i .: i, rl•. I (w .rtl! A, t � 'f 1 A L n fr i ,j. 4>< n�.. k,L.ali-� Wr+1w^.Yk4b!.4-'M•", �Ym nk��auM�32u6ss. h• n+si.i -w i T ' ( . '` I•♦ -{ V -1{ , ' �+�lYSiY4YM}yLAl;i.k.wlkb.-i A `14ixtia4Y4+c;�kY+•r�k:.iy.d,...u,�: ,+ _ r.• } �' "L r' inf"u•i �1,^. i - �31a,.,., ,,.r...•sw..,+r wbsr,, . _Y�.1,.W.w.+u,�aa, - 1 , it Mrs..Fallace said this park will have no regard for property °rights'of others: She said there is a problerri now and this will increase the problem: She said drainage is a problem in the area. .. ' ,. E. Chairman Leland said iii all fairness they will hear the neighbors today, even though (here is a request to continue fihis hearing and the Commission is not ready to hear this item. taY " Itr1r. Wilson said this pr sject was approved in 1989 for flus "design. He said this went taALUC for review. - He' said.he lias met wi+.'d the .applicant; who has, another design. �Ie apologized that the hearing was noticed ':and pulilislied prematurely:,; � ^ Chairriian eland informed the audience; that thus continuedhearing will be re -noticed. It was moved by Commission Nelson, seconded by Commissioner Cage, and unanimously carried to continue this"hearingopen, to: hebrttary 11 1999 at 9:00 a.m. 1: ,1 Paul Vaudegrift =,proposed Negative Declaration regarding environmental impacts anclUse Permit: s: The applicant proposes 'to use an existing outdoor facility for holding a max of thirty weddmgs/receptions per year through reservations only: The proposal includes the following operational limitations: Wedding events,will be supervised by the owners, who, reside on the premises; wedding participants will be allowed daytime use of the lodge for wedding preparations; wedding ' shish) be limited to: a'rnaximwrnof 240 persons; chCal toilets sliall be provided for wedding parties guests; sixty parlcirig spaces shall be provided for each event; and the facility shall be open from 10:00. to 600 pain. during scheduled events. Cliaa,ge: An'hilinediate Rezone fr6ra TPZ 160 WP (Timber Preserve, 160 acres, Watershed: Zone Timber ountam=lcY0 y) WP ( acres, Watershed Protection Overlay) ori 4 ' an 8 37 ac site within an 80 acre parcel. + Location: `The project is located approximately six pules north of the Town of Paradise at 15428 Skyway, Magalia, at the "terminus of Meadowbrook ranch Road, which intersects the Skyway 10001 south of De, Sabha Reservoir. (DB) (UP 99-01/REZ99-01);'(`v'IDEO) h Breedoir a letter: submitted by Connnissioner Cage requesting this item- be continued` at the request IVIx. read Town Paradise Planning Depaffi" , it for tune to comment Mr.;Breedon said ther6Are watershed o the of this project is'witliin the Towril'of Paradise's Sphere oflnf luence. concerns.and I T,he hearing"was opened to the'public Paul' Vandegrift d, scussed the letter froin the Upperlidge Coordinating Council, He said he has contacted "` � the > J er Rid a Council and as, been unable to find oizt who the memliers are; PXe asked the Co mmrssro n" Pp, g who these people'w.e a Mr, Breedon said the Watershed Overlay Protection' Zone gives) authorization to the' ppet Ridge on, Co6rdirititing Council to ent comm thus project. ' IvIr..Vande said lie: was coneeriied that he could not get the names of the Council. _ Conuriissioner Maoiiey asked °if the chemical toilets preclude installing a separate septic system,' ,t ^ �e BUTTE CCJUNT it LANNINCi CnMM1S$ION ■':MINUTES JANIJAR.Y 14,1999 ■ PAGB l0a n '� A a t a a ._q,- `� Y Yy! i" L � P