HomeMy WebLinkAboutUP 00-01FILE # UP 00-01 y.
APPLICANT:
PROJECT SUMMARY SHEET
TYPE: Use Permit��
wk .
ADDRESS: 10 Independence Circle, Suite C, Chico, CA 95926
OWNER: Same
ADDRESS:
REPRESENTATIVE:
ADDRESS:
PROJECT DESCRIPTION: Use Permit to allow a 1400 sq. ft. expansion of an existing commercial building as a non -conforming use
PROPERTY ZONED: R-3 (Residential) LOCATED: 1166 and 1170 East Lassen Avenue, Chico
AP#: 007-160-014 TOWN/AREA:
GENERAL PLAN DESIGNATION: Medium Density Residential
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Application complete: 08/09/99 Amount: $ 1,064.00 Receipt #: 17783
Comments sent to: E.H., LAECO, Dev, Sery., Assessor, Animal Control, P.W., Build, Comm., : - -
Comments received from:
Rezone Petition Signatures Checked:
Mailing List/Lead-in Sheet:
Assigned To: Daniel Breedon
Environmental Determination:
State Clearinghouse No:
8. Staff Report:
Subject to Fish & Game:
Project Video:
9. Clearinghouse circulation required: Yes No
10. Publication Notice Written: /v - /,F-- y 9
Categorical Exemption-CEQA#
Negative Declaration
Mitigation Negative Declaration
Environmental Impact Report
Gen. Rule Ex. -CEQA # 15061.(bx3)
Other
Date Sent to SCH:
Display Ad Prepared:
Notices Mailed: Number of Notices: CR>
Newspaper Publication Date: %- a6 - l y n (C l P G B
Planning Commission Hearing(s): — 9.3 a .4 �+ ,
Action taken:
Special Conditions:
Commission Resolution No.
Board of Supervisors' Hearing(s):
Action taken:
Board Resolution No.:
15. Type Use Permit/Send for signature:
16. N.O.E. / N.O.D. / APPENDIX G:
17. Send validated Use Permit:
18. Assessor's Memo:
19. Copy of Use Permit / Variance to Planning Technician
Ordinance No:
Adopted:
Fish & Game Fees Paid: Yes No
Larry Ruby, proposed Negative Declaration with mitigation measures regarding environmental
impact and Use Permit allow for the expansion and change of a non -conforming use in accordance
with Butte County Code Section 24-35.20. This site was previously occupied by the retail and
construction offices of the Holiday Pools Company. Holiday Pools vacated the premises in October.
Sheraton Real Estate Management is proposing to occupy this site with offices, storage and light
maintenance activities. The expansion involves a 1,400 sq.ft., two-story addition to an existing
2,226 sq.ft. dwelling previously occupied by the pool sales office and 9 employees. The dwelling
will continue to be utilized as an office and the number of employees shall increase to 12.
Additionally, a second 1,200 sq.ft. building used by Holiday Pools as a retail/construction office
with six employees will be occupied by Sheraton Property Management for office space with no
change in the number of employees. A third 2,000 sq.ft. building used by Holiday Pools for
construction work and storage shall be used by Sheraton Property Management as a maintenance
shop and for storage of landscaping equipment. Two other small buildings currently used for storage
and a shop will be utilized for storage. The property has a Medium Density Residential General
Plan designation and is zoned R-3 (Residential). The property is located northwest of and adjacent
to East Lassen Avenue, approximately 800 feet northeast of Bumap Avenue in the north Chico area
at 1166 and 1170 East Lassen Avenue. APN 007-160-014 (DB) (UP 00-01) (VIDEO)
Mr. Breedon gave a brief summary of the project. A video of the site was shown.
Vice Chairman Nelson asked what is on the westerly side of the property?
Mr. Breedon said multi -family dwellings. He said Public Works did review this application.
Commissioner Mooney said he was surprised Public Works did not address the drainage.
Mr. Breedon said he received a letter from Doug Hignell.
The hearing was opened to the public.
Larry Ruby said he was there to answer questions. He said he goes off the property to work and has 13
employees. He asked that Condition 3 be deleted. He said the neighbors are his friends. He said he will
do whatever is necessary with the septic system.
There was a brief discussion on Condition 3.
Mr. Ruby said he did not want the expense of slatting the fence. He said it is next to a vacant lot.
The hearing was closed.
Mr. Breedon said the lot is vacant, but it is a residential'parcel, and this area adjacent is a parking lot.
Commissioner Mooney said they should leave Condition 3 as it is.
It was moved by Commissioner Mooney, seconded by Commissioner Cage and unanimously carried to
approve Use Permit 00-01 for Larry Ruby on APN 007-160-014, subject to the following findings and
conditions, changing the second Condition 11 to 13 and changing "must" to "will' and delete after "system"
and add "to the Health Department satisfaction.", re -number second 12 to 14.
■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ NOVEMBER 18, 1999 ■
I. Adopt a Mitigated Negative Declaration with the following findings:
A. Find that an Initial Study was completed in compliance with the California Environmental
Quality Act. Said study identified potential significant environmental effects, and includes
mitigation measures that would mitigate such effects below significant levels;
B. The Planning Commission independently reviewed, analyzed and considered the proposed
Negative Declaration with -mitigation measures prior to making its decision on the project,
and hereby finds that the Negative Declaration with mitigation measures reduces impacts
below levels of significance, and reflects the independent judgement of Butte County.
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II. The design of the proposed project improvements kill not cause environmental damage to fish and
wildlife or their habitat, and a "de minimus" exemption regarding impact to fish and wildlife or their
habitat is recommended. The collection of fees pursuant to Fish and Game Code Section 711.4(d)(3)
and 14 CCR 753.5. is not recommended.
III. Approve Use Permit, UP 00-01, subject to the conditions found in Exhibit "A" and subject to the
following findings:
A. The proposed uses of the property will not conflict with, impair or be detrimental to the uses
both permitted and conditional of the R-3 (Residential) zone in which the use is located or
to the L -I (Limited Industrial) zone which adjacent to the east as supported by the following:
1. Compatibility with adjacent uses and zones is maintained with the addition of
Mitigation Measure #1 regarding dust control, Mitigation Measure #3 regarding
screening, and Mitigation Measure #4 regarding hours of operation.
2. The proposed use of the site for offices and a maintenance/landscaping shop is
similar to the previous use of the site for retail pool sales and construction work.
3. Adequate on-site parking is available for the 21 parking spaces required for
employees and customers.
4. A vegetative buffer and fence lines the property's west property line which screens
the proposed commercial use from the adjacent apartments.
5. The proposed maintenance/landscaping shop is approximately 100 feet from the
nearest residential use.
6. All maintenance activities will take place within a closed building.
■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES 0 NOVEMBER 18, 1999 ■
Conditions of Approval:
1. • During site development and. operation the applicant shall ensure that any areas prone to dust
creation is watered or treated with a soil palliative to control fugitive dust. (Mitigation Measure #1)
2. In order to protect development from the effects of expansive soils, all foundations shall be designed
by a registered Civil Engineer or licensed architect prior to site development. (Mitigation Measure
#2) ,
3. In order to provide for separation and buffering of the proposed use and adjacent residential property
to the north, a landscape buffer shall be established or a solid fence shall be installed and maintained
along the north property line prior to operations. In lieu of a landscape buffer or solid fence, the
existing chain-link fence may be improved,with appropriate slatting. (Mitigation Measure #3)
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4. In order to limit any interference from light maintenance operations to neighboring residential areas
during times of reduced ambient noise levels, light maintenance activities shall only occur between
the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. (Mitigation Measure #4)
5. In order to address water availability for fire protection purposes, and in lieu -of hydrant installation,
payment must be made into the Cal -Water hydrant fund at a cost of $1.72 per lineal foot of street
frontage. '(Mitigation Measure #5)
6. Record an avigation easement that will run with the land notifying future property owners, heirs and
assigns of the Chico Municipal Airport's right of continued use of the airspace above the project
parcel and acknowledging any and all existing or potential airport operational impacts.
7. Direct all lighting within the project site downward with shielding to prevent adverse impacts on
adjacent properties and aircraft flight activities.
Construction, installation or development of structures or facilities on the site shall comply with the
latest California Fire Safe Regulations (Public Resources Code 4290), and all other applicable State
and County codes, ordinances and regulations in effect at the time of application for improvement
permits.
9. Building identification and/or addresses shall be installed in conformance with Public Resources
Code 4290 and shall be posted at the beginning of building construction and maintained
continuously thereafter.
10. The applicant shall provide a minimum of 21 parking spaces (18 employee parking spaces + 1
handicap space + 2 customer spaces).
11. Comply with all other applicable State and local statutes, ordinances and regulations.
12. Prior to use of the site for the proposed use the applicant shall contact the Planning Division for a
field inspection to verify that all conditions and ordinance requirements have been met.
0 BUTTE COUNTY PLANNING COMMISSION ■ MINUTES 0 NOVEMBER 18, 1999 ■
13. Prior to issuance of any Building Permit, applicant will upgrade the existing septic system to the
Health Department's satisfaction.
14. As a requirement for issuance of a septic system permit, applicant must record an executed Future
Sewer Service and Storm Drainage Agreement.
Mr. Wilson 'said there is a 10 day appeal period.
■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ NOVEMBER 18, 1999 ■
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■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ NOVEMBER 18, 1999 ■
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DEPARTM'T OF DEVELOPMENT SERVICES
BUTTE COUNTY UNIFORM APPLICATION
APPLICANT: Agent information to be provided is on other side:
APPLICANT'S NAME If applicant is different from owner an affidavit is required ASSESSOR'S PARCEL NUMBER:
Larry Puby 007-160-014
ADDRESS: CITY, STATE & ZIP CODE. FILE NUMBER. (FOR OFFICE USE)
10 Independence Circle Suite C Chico, CA 95926
"ffeorFapt'CWSIPepaRf)'L'sia'#nJ) Opera t i on s TELEPHONE
(5 3 0 ) 342-221 4
LO1601 ?� �"7 (L%jor cress streets and Address a
6 E ssen Ave. X-'SfrnL)et- Cohasset Rd.
GENERAL INFORMATION REQUIRED
OWNER'S NAME
Larry Ruby
ADDRESS:
10 Independence Circle Suite C CC91CSTo'TIAZIP9STA
TELEPHONE
(53 0 )342-221.4
ZONE GENERAL PLAN EXISTING LAND USESnESIZE
d (in Square Feor Arres)
R-3 Commercial Mix j 1.3 Acres
1�!S'TOG STRUC PROPOSED STRUCTURES (in are Feet)
use-TRTWqu_F_V.) Warehouse -900 Additional 1,40ST square feet
2. Warehouse -2000 4. A Frame -1,200 I
(Check One) (Check One)
E3 PROPERTY IS OR PROPOSED TO BE SEWERED 0 PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER
M PROPERTY IS OR PROPOSED TO BE ON SEPTIC Iff PROPERTY IS OR PROPOSED TO BE ON WELL WATER
APPLICATION REQUESTED
E3 GENERAL RAN AMENDMENT
PROJECT
C3 TENTATIVE SUBDIVISION MAP
0 TENTATIVE PARCEL MAP
C3 WAIVER OF PARCEL MAP
[3 BOUNDARY LINE MODIFICATION
13 LEGAL LOT DETERMINATION
13 CERTIFICATE OF MERGER
0 iftNING AND RECLAMATION PLAN
this application is for division,describee number and
FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. if a
size of parcels.) We propose to bring to current code existing grandfathered
commercial use in an R-3 Zone. Propose to expand -one unit
an additional 1,400 square feet with a 700 square foot ground
floor addition and 700 square foot upstairs.
OWNER CERTIFICATION
I CERTIFY THAT I AIM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY.
FURTHER, I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT AL ABOVE
ABOVE INFORMATION IS TRUE AND
ACCURATE (If an agent is to be authorized, execute an affidavit of authorization and include the affi�vit m ' application.)
4
DATE: 6 SIGNATURE:
_-) t ') N i
13
REZONE
Planning DIV1910ti
30
USE PERMIT
[3
MINOR USE PERMITAUG
0 9 1" 4
r_1
VARIANCE
orov,1191 CWHOrnia
[3
MINOR VARIANCE
C3
ADMINISTRATIVE PERMIT
C3
DEVELOPMENT AGREEMENT
PROJECT
C3 TENTATIVE SUBDIVISION MAP
0 TENTATIVE PARCEL MAP
C3 WAIVER OF PARCEL MAP
[3 BOUNDARY LINE MODIFICATION
13 LEGAL LOT DETERMINATION
13 CERTIFICATE OF MERGER
0 iftNING AND RECLAMATION PLAN
this application is for division,describee number and
FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. if a
size of parcels.) We propose to bring to current code existing grandfathered
commercial use in an R-3 Zone. Propose to expand -one unit
an additional 1,400 square feet with a 700 square foot ground
floor addition and 700 square foot upstairs.
OWNER CERTIFICATION
I CERTIFY THAT I AIM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY.
FURTHER, I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT AL ABOVE
ABOVE INFORMATION IS TRUE AND
ACCURATE (If an agent is to be authorized, execute an affidavit of authorization and include the affi�vit m ' application.)
4
DATE: 6 SIGNATURE:
_-) t ') N i
• AGENT AUTHORIZATION .
a
To Butte County, Department of Development Services;
Print Name of Agent and Phone Number
Mailing Address
is hereby authorized to process this applicatio for:
on my property, identified as Butte County Assessor Parcel Number:
This Authorization allows representation for all applications, hearings, appeals, etc. and to sign all _
documents necessary for said processing, but not including document(s) relating to title interest. -
Owner(s) of Record: (sign and print name)
Print Name
Print Name
Signature Signature
Architect and/or Engineer:
Print Name of Arehited/Engineer and Phone Number
Mailing Addrew o
Current. fee-*for"this application is $ as of
Make check payable to `Mutte County Treasurer".
Payment of the currently required Application Fee and/or Deposit (Any unused portion of a
deposit) will,be returned upon final action.
FOR OFFICE USE ONLY
Taken by
Date Received: Total Amount Received: Receipt No.
Planning E.H. Land Dev. Fire Dept.
_ AP Number(s) —Legal Description
Owners Authorization _ Zoning Requirements
Project Description _ Copies of Plot Plan
1i 1 - 0
COUNTY OF BUTTE
ENVIRONMENTAL INFORMATION FORM
(To be Completed By Project Applicant)
Date Filed
General Information:
1. Name and address of owner, and/or developer, and/or project sponsor:
Larry Ruby, 10 Independence Circle #C, Chico, CA 95926
2. Address of project: 1166-1170 E_ Lassen Ave_' Chian, CA A;A9f
Assessors Parcel Number: n 7 _ 1 6A _ p 1A
3. Name address, and telephone number of person to be contacted concerning this project:
Maude Whelchel- (530) 342-2562 or (530) 624-8365
4. List and describe any other related permits and other public approvals required for this project, including
those required by ciitty, regional, state and federal agencies: S. Existing general plan designation:
6. Existing zoning district: R-3
7. How island currently used? For Commercial use
8. Proposed use of site (Project for which this form Is filed): Commercial
Project Description:
9. Site size: i.3 Acres (Acres/Sq. Feet)
10. Off-street parking spaces: Full size:
11. Plans attached Yes —No _
Compact:
12. Proposed development schedule None -existing strucutre
Total:
13. Associated projects Expansion of one structure upon issuance of
Use Permit.
14. Anticipated incremental or phased development N/A
Attach description of project containing the following information:
15. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of
household size expected.
16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales
area and loading facilities.
17. If industrial, indicate type, estimated employment per shift, and loading facilities.
Manning Divisi®n
0 Butte County Department of Development Services 0 Planning Division 0
1
18.
If institutional, indicate the major function', estimated employment per shift, estimated occupancy, loading
facilities, and community benefits to be derived from the project.
19.
If the project involves a variance, conditional use, rezoning application, or any development permits, state this
and indicate clearly why the application is required. If permits have already been issued, please attach as
Exhibit Use Permit needed due to current R-3 zoning
to PX= and
extstlng commerclai use.
Are the following items applicable to the project or its effects?
Discuss below all items checked
.yes (attach additional sheets as necessary).
YES
NO
20.
Change in e)dsbng features of any hills, buttes, canyons
X
or substantial alteration of ground contours. _
21.
Change in scenic. views or vistas from e)Mng residential
areas or public lands or roads. _
X
22.
Change in pattern or character of general area of project. _
X
23.
Significant amounts of solid waste or litter. _
24.
Change in dust, ash, smoke, fumes or odors in vicinity. _
25.
Change in bay, lake, river, stream or ground water quality
or quantity, or alteration of ebsting drainage patterns. _
26.
Substantial change in e)dsting noise or vibration levels
in the vicinity.
27.
Site on filled land or on slopes of 10 percent or more. _
28.
Use of, or disposal of potentially hazardous materials,
such as tobc substances, flammable or explosives. _
29.
Substantial change in demand for municipal services
(police, fire, water, sewage, etc. including special districts).
X
30.
Substantially increase fossil fuel consumption
(electricity, oil, natural gas, etc.). _
31.
Relationship to a larger project or series of projects. _
X
0 Butte County Department of Development Services 0 Planning Division ❑
2
Environmental Setting: (Attach brief description)
32. Describe the project site as it exists before the project, Including information on topography, soil stability, plants
.and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site and
the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted.
33. Describe the surrounding properties, including Information on plants and animals and any cultural, historical,
or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one -family,
apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set -back, rear
yard, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted.
Certification
I hereby certify that the statements furnished above and in the attached exhibits present the data and information
required for this inial evaluation In the best of my ability, and that the facts, statements, and information presented are
true and correct to the best of my knowledge and belief.
Date Signature f r
9�
K:\FORMS\SUBMITTAUEW-INFO
0 Butte County Department of Development Services 0 Planning Division ❑
3
Maintenance Services
A Division of Sheraton Real Estate Management
546 Hickory Street
Chico, CA 95928
Office 916 342-2562
Fax . 342-7286
Stephen Lucas
Butte County Planning Division
7 County Center Drive
Oroville, CA 95965-3397
Dear Mr. Lucas:
Re: 1170 E. Lassen Avenue
August 17, 1999
This letter is in response to your reggest for more information regarding our use
permit application. Requested items 32 and 33 are as follows:
32 - The site consists of 1.46 level acres with five buildings. The front two-story
house is utilized as office space. The. A -frame is used for office and retail with
adjoining shop. Entering the fenced back portion of the site, there are two metal
buildings used as an excavation company and storage facility. Since the purchase,
the excavation company has been given notice and is cleaning up their spoils on
site. There is a drainage canal to the east that is habitat to frogs. It will not be
impacted. The site is mostly paved and is landscaped. Native species are three
oaks, one of which needs pruning. The balance of plants consist of Crape Myrtle,
Ornamental Pear, oaks, tulip trees, redwood, purple plum, oleanders, hydrangea,
Pittosuorum, grape vines, Hyperium, ivy, camellias, privets, perennials, Nandina, and
lawn. We have no knowledge of any historical aspects of the property. It parallels
the airport flight path.
33 - Properties surrounding the site are of mixed use. Directly across the street"io
the south are a couple of single family homes. To the east is a commercial complex
and mini -storage facility. Looking to the west there are apartments with a large
landscape buffer from the site. To the north lies the airport and vacant fields. There
are no known historical sites or cultural aspects that will be impacted. We intend to
utilize the site as is, with a small addition to the back of the two-story house.
Since ,
aude Whelchel
Property Management • Full Service Maintenance • Painting • Cleaning • Landscape Maintenance Design
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EL: 007 170 021 000 STATUS: AC ` EL: 007 160 014 000 STATUS: AC .
DOSSIE PAT & DOROTHY M DOUGHERTY TIMOTHY D & TERRY W ETA
' DOUGHERTY JAMES R
1107 E LASSEN AVE ` 1170 E LASSEN AVE
�
CHICO CA 95973 CHICO CA 95973
--
EL: 007 170 044 000 STATUS: AC EL: 007 150 094 000 STATUS: AC
. r'
SANFORD HARLAN S & JEAN E - -. LASSEN VILLA INVESTORS
C/O HIGNELL & HIGNELL PROPERTY MA
+/ 1171 E LASSEN AVE 1500 HUMBOLDT RD SUITE 1 �~
CHICO CA 95973 CHICO CA 95928
EL: 007 170 060 000 STATUS: AC
CALIFORNIA WATER SERVICE CO
1720 NORTH FIRST STREET
SAN JOSE CA 95112-4598
EL: 007 170 063 000 STATUS: AC
FLETCHER MILDRED L TRUST ETAL
C/O CHICO MINI STORAGE/COVERT DON
955 CLARK AVENUE
YUBA CITY CA 95991
EL: 007 170 070 000 STATUS: AC
OTTAWAY FAMILY TRUST ETAL
RSC ASSOCIATES
20 WILLIAMSBURG LN
CHICO CA 95926
'
EL: 007 300 003 000 STATUS: AC
OLSEN LAURENCE R REVOCABLE LIVING -
OLSEN LAURENCE R TRUSTEE |
970 FILBERT AVENUE
CHICO CA 95926
EL: 007 300 004 000 STATUS: AC
CLARK HERBERT K ETAL
15303 FOREST RANCH WAY
FOREST RANCH CA 95942
EL: 007 160 003 000 STATUS: AC
(
CITY OF CHICO
BOX 1032
CHICO CA 95927 '
EL: 007 160 021 000 STATUS: AC .
LONG THOMAS D & BEVERLY I
3556 BRIDLE LN
CHICO. CA 95973
EL: 007 160 022 000 STATUS: AC
CHURCH OF GOD OF PROPHECY HOLDING �
2830 NORTHGATE DR
�
CHICO CA 95973
�YEL: 007 170 019 000 STATUS: AC
CRANE FAMILY TRUST °~
!
CRANE MELVIN G & ELEANOR'L TRUSTE
1125 LASSEN AVE
k
CHICO CA 95973
EL: 007 170 020 000 STATUS: AC
EVANS MICHAEL L REVOCABLE TRUST E
EVANS MICHAEL L TRUSTEE
1014 SHERIDAN AVE
CHICO CA 95926
BEAUTY
DEPARTMENT OF PUBLIC HEALTH
DIVISION OF ENVIRONMENTAL HEALTH
�18-B County Center Drivej�
411 Main Street
7 County Center Drive
Oroville, CA 95965
O. Box 5364
Oroville, CA 95965
October 26 2001 TEL: (530) 538-7282
Chico, CA 95927
TEL: (530) 538-7281
FAX: (530) 538-2165
TEL: (530) 891-2727
FAX: (530) 538-7785
FAX: (530) 895-6512
Mr. Larry Ruby
Sheraton Real Estate Management
1170 E. Lassen Avenue
Chico, CA 95973
RE: Use Permit Conditions and Building Clearance Requirements; 1166 —1170 E.
Lassen Avenue; APN: 007-160-014
Dear Mr. Ruby:
A Use Permit (UP 00-01) was issued allowing an expansion of an existing commercial building
as a nonconforming use. The Environmental Health Division has two conditions on the Use
Permit. One was to upgrade the existing septic system and the second condition was to record a
Future Sewer Service and Storm Drainage Agreement. Our records indicate that neither
condition has been met. This office may request that the Use Permit be revoked if the conditions
are not met.
The following items need to be completed to meet use permit conditions and sanitation clearance
requirements.
1. Upgrade the existing septic system or connect to city sewer.
2. Record Sewer Assessment and Storm Drainage Assessment. Agreement (not required if
property is soon to be connected to city sewer.)
3. Once the property is connected to Cal Water, the well shall be destroyed under County
permit. There shall be no cross -connections between the well and Cal Water.
D EC.EIME
OCT 3 0 2001 10
BUTTE COUNTY
PLANNING DIVISION
Page 2, Ruby, October 26, 2001
Compliance with the above noted items shall be completed within 30 days of the date of this
letter.
If you have any questions, I can be reached at the Chico office listed above between 8:00 a.m.
and 9:00 a.m., Monday through Friday.
Sincerely,
Cliff C. B ttenfield, Jr., R.E.H.S.
Division of Environmental Health
CCB:rhb:land:1166-1170EIassenAvenuuee
cc: Planning Division-/
California Water
EDate 03/16/01
Time 8:24 am
UP 00-01 *
In reference to
Rounding
Full Precision
Development Services Depftment
Applicant Billing Worksheet
Larry Ruby
10 Independence Circle, Suite C
Chico, CA 95926
UP 00-01
None
No
Last bill
Last charge 12/10/99
Last payment / / Amount
Date/Slip# Description
08/09/99 Paula A. / C
#24948 Clerical
08/09/99 Dan B. / P
#24985 Processing
08/09/99 Teri B. / C
424995 Clerical
08/09/99 Larry P. / P
#25073 Processing
08/23/99 Steve L. / LR
#25139 LAFCo Review
10/04/99 Dan B. / P
#26078 Processing
10/18/99 Paula A. / C
426339 Clerical
10/18/99 Dan B. / P
#26352 Processing
11/01/99 Dan B. / P
#26440 Processing
11/01/99 Lynn R. / C
#26511 Clerical
11/15/99 Lynn R. / C
#26879 Clerical
11/29/99 Paula A. / C
#27048 Clerical
Pagel
HOURS/RATE AMOUNT TOTAL
1.50 51.00
34.00
0.50 29.50
59.00
1.00 34.00
34.00
1.50 88.50
59.00
0.25 14.75
59.00
7.50 442.50
59.00
0.50 17.00
34.00
1.50 88.50
59.00
5.00 295.00
59.00
1.50 67.50
45.00
1.00 45.00
45.00
0.50 17.00
34.00
Date 03/16/01 9 Development Services Depatment
Time 8:24 am Applicant Billing Worksheet
UP 00-01 * :Larry Ruby (continued)
TOTAL BILLABLE TIME CHARGES
TOTAL BILLABLE COSTS
TOTAL NEW CHARGES
PAYMENTS/REFUNDS/CREDITS
08/09./99 Deposit - Receipt #17783
03/16/01 Remainder Waived
TOTAL PAYMENTS/REFUNDS/CREDITS
NEW BALANCE
Page 2
22.25 $1,190.25
$0.00
$1,190.25
(700.00)
(490.25)
($1,190.25)
TOTAL NEW BALANCE $0.00
!J
January 30, 2001
Larry Ruby
10 Independence Circle, Suite C
Chico, CA 95926
RE: Use Permit, File No. UP 00-01
Dear Mr. Ruby:
tte
LAND OF NATURAL WEALTH AND BEAUTY
DIRECTOR'S OFFICE
DEPARTMENT OF DEVELOPMENT SERVICES
7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397
TELEPHONE: (530) 538-7601
FAX: (530)538-7785
www.buttecounty.net
The total cost for the processing of the above -referenced application which was approved by the Planning
Commission on November 19, 1999, is $1,190.25. As of August 9, 1999, a deposit was made in the amount
of $700.00. The costs exceeded the deposit by $490.25. Below is a breakdown:
Deposit on 8-9-99, Receipt No. 17783 $ . 700.00
Professional Planner $ 870.25
Mapping $ 88.50
Clerical $ 231.50
Total $1,190.25
Total Amount Due & Payable $ 490.25
Please make a check payable to the Butte County Treasurer in the amount of $490.25 and remit it to the
Department of Development Services, Planning Division at 7 County Center Drive, Oroville, CA 95965
within 30 calendar days. Should you have any questions, please contact Brian Larsen in this office Monday
thru Friday, 8:00 a.m. to 4:00 p.m., at 538-7601.
Sincerely,
Thomas A. Parilo
Director of Development Services
TAP: jb
0-,
,6,atte Count
LAND OF NATURAL WEALTH AND BEAUTY
December 4, 2000
Larry Ruby
10 Independence Circle; Suite C
Chico, CA 95926
r
Re: Use Permit UP 00-01, AP 007-160-014,
Dear Mr. Ruby:
PLANNING DIVISION
DEPARTMENT OF DEVELOPMENT SERVICES
7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397
TELEPHONE: (530) 538-7601
FAX: (530)538-7785
Enclosed is your validated Use Permit No.. UP 00-01 to allow a 1400 sq. ft. expansion of an existing
commercial building as a nonconforming use located at 1166 and 1170 East Lassen Avenue, Chico.
Should you have any questions regarding this matter, please contact this office between 8:00 a.rn:
and 4:00 p.m., Monday through Friday.
Sincerely,
tU.S.
Postal Service
(Domestic Mail Only; No Insurance Coverage Provided)ACERTIFIED MAIL RECEIPT
Lynn Richardson
;
t77
Planning/Administrative
I'
Support Services Assistant
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j Postage, $ -
_
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Certified Fee' i
. Postmark 1
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a
Return Receipt Fee- Hem; •-
(Endorsement Required) i
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Restricted Delivery Fee a 12/4/00
(Endorsement Required)`r-11
cc: Land Development Division
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Building Division
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Total Postage a Fees $
Environmental Health
m
Rec/pleAt's Name (Please Print Clearly) (to be completed by mailer)
La'Cry. Ruby
Department of Forestry
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Cit �--,-�-tate, ZIP+4 ------ - ---
Ln1CO3 CA 95926
PS Form 3800, February 2000
USE PERMIT
BUTTE COUNTY PLANNING COMMISSION DEC _ 4 2000
DATE: (Certified Mail Rec.)
UP 00-01
PERMIT NO.
007-160-014
ASSESSOR'S PARCEL NO.
Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions
set forth below, Larry Ruby is hereby granted a Use Permit to allow fora non -conforming use
involving the operation of a property management company with 18 employees within the existing
structures located on the property, including operation of a landscaping/maintenance shop accessory
to the property management company, and also allowing for a 1,400 sq.ft. two-story expansion to
the existing dwelling.
Failure to comply with the conditions specified herein as the basis for approval of application
and issuance of Permit, constitutes cause for the revocation of said permit in accordance with
the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code
Sec. 24-45.65.
2. Unless otherwise provided for in a special condition to this Use Permit, all conditions must
be completed prior to or concurrently with the establishment of the granted use. The use
granted by this permit must be established within 24 months of the delivery of the
countersigned permit to the Permittee.
Minor changes may be approved administratively by the Directors of Development Services,
Environmental Health, or Public Works upon receipt of a substantiated written request by
the applicant, or their respective designee. Prior to such approval, verification shall be made
by each Department or Division that the modification is consistent with the application, fees
paid and environmental determination as conditionally approved. Changes deemed to be
major or significant in nature shall require a formal application for amendment.
4. If any use for which a Use Permit has been granted is not established within two years of the
date of receipt of the countersigned permit by the Permittee, the permit shall become null and
void and reapplication and a new permit shall be required to establish the use.
The terms and conditions of this permit shall run with the land and shall be binding upon and
be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee.
Conditions of Approval:
During site development and operation the applicant shall ensure that any areas prone to dust
creation is watered or treated with a soil palliative to control fugitive dust. (Mitigation
Measure #1)
2. In order to protect development from the effects of expansive soils, all foundations shall be
designed by a registered Civil Engineer or licensed architect prior to site development.
(Mitigation Measure #2)
In order to provide for separation and buffering of the proposed use and adjacent residential
property to the north, a landscape buffer shall be established or a solid fence shall be
installed and maintained along the north property line prior to operations. In lieu of a
landscape buffer or solid fence, the existing chain-link fence may be improved with
appropriate slatting. (Mitigation Measure #3)
4. In order to limit any interference from light maintenance operations to neighboring
residential areas during times of reduced ambient noise levels, light maintenance activities
shall only occur between the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday.
(Mitigation Measure #4)
In order to address water availability for fire protection purposes, .and in lieu of hydrant
installation, payment must be made into the Cal -Water hydrant fund at a cost of $1.72 per
lineal foot of street frontage. (Mitigation Measure #5)
6. Record an avigation easement that will run with the land notifying future property owners,
heirs and assigns of the Chico Municipal Airport's right of continued use of the airspace
above the project parcel and acknowledging any and all existing or potential airport
operational impacts.
7. Direct all lighting within the project site downward with shielding to prevent adverse impacts
on adjacent properties and aircraft flight activities.
8. Construction, installation or development of structures or facilities on the site shall comply
with the latest California Fire Safe Regulations (Public Resources Code 4290), and all other
applicable State and County codes, ordinances and regulations in effect at the time of
application for improvement permits.
9. Building identification and/or addresses shall be installed in conformance with Public
Resources Code 4290 and shall be posted at the beginning of building construction and
maintained continuously thereafter.
10. The applicant shall provide a minimum of 21 parking spaces (18 employee parking spaces
+ 1 handicap space + 2 customer spaces).
11. Comply with all other applicable State and local statutes, ordinances and regulations.
12. Prior to use of the site for the proposed use the applicant shall contact the Planning Division
for a field inspection to verify that all conditions and ordinance -requirements have been met.
13. Prior to issuance of any Building Permit, applicant will upgrade the existing septic system
to the Health Department's satisfaction.
14. As a requirement for issuance of a septic system permit, applicant must record an executed
Future Sewer Service and Storm Drainage Agreement.
I hereby declare under penalty of perjury that I have read the foregoing conditions, that they
are in fact the conditions which were imposed upon the granting of this Use Permit, and that I agree
to abide fully by said conditions.
Dated: %-- \ -z'-'A co,
NOTE: Issuance of this Use Permit does not waive re ement of obtaining Building and Health
Department permits before starting construction, do s it waive any other requirements.
Butte County Planning Commission
Ch -Chairman
CC: Land Development Division
Building Division
Health Department
Butte County Fire Department/CDF
ALUC
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APPROV-ED
Derent PlanDATE
USE PERMITVARIANCE
s,....._
M NOR U.P.ADM.PERMIT
' ✓ PLANNING COMMISS. •
IRE OR OF
DEV LOP ENT SERVICES
0
0
MEMORANDUM
PLANNING DEPARTMENT
TO: Butte County Assessor's Office
FROM: Butte County Planning Department
SUBJECT: Larry Ruby, UP 00-01
DATE: December 4, 2000
Pursuant to Section 65863.5 of the Government Code, the following parcel identified as
007-160-014, was:
Rezone from to zoning district.
Granted a variance to
A Issued a conditional Use Permit Use Permit to allow a 1400 sq. ft. expansion
of an existing commercial building as a non -conforming use, 1166 and 1170
East Lassen Avenue, Chico, zoned R-3 (Residential)
LAND DEVELOI&NT DIVISION - DAILY DEPOSIT W(OSHEET REVISED 1195
** Place copy of deposit slip in the file of the applicant. Also send a copy to: Auditors Office - ATTN:
Karen Koenig. (specify name, address, AP No., project)
Survey Bond & Rbad Bondino - Const. Bonds Fund. Road Bondln,7 f O0 feel- Check & IMP—
MAI —4 r).,A if r\Ca,h D?oosit Worksheet -9/99
FUND
FUND
ACCOUNT
CASH
PURPOSE
TITLE
CODE
CODE
CODE
ERIS (Planning environmental review)
GENERAL
0010
4210900
101001
Service Charge for returned checks
GENERAL
0010
4610105
101001
Tentative Map & Checking Fees
GENERAL
0010
4611700
101001
App. for Determination (Compliance)
GENERAL
0010
4611700
101001
Flood & Drainage Letters
GENERAL
0010
4611700
101001
Environmental Health Deposits
GENERAL
0010
4614901
101001
Street Signs
PM ROAD OPERATIONS
0030
4711900
101001
Centerline Monuments
PM ROAD OPERATIONS
0030
4711900
101001
Fire Planning Application Fees
FIRE PROTECTION
0100
4617240
101001
Pleasant Valley Drainage
C.S.A. 23
0340
4700001
101001
S.U.D.A.D. (Shasta Union Drainage)
C.S.A. 25
0370
4700001
101001
** TRUST FUNDS ** (send copy of the deposit to Auditor-ATTN: Karen Koenig 5/00)
Public Documents (No copy to Karen)
DOC SALES
1001
280
1011099
Construction Bonds Fund (write on wall chart)
Faithful Performance Trust 1001
280
1011230
Road Improvement Fund (Traffic Signal)
1001
280
1011260
(specify intersection / write on wall chart)
Auditors Suspense Fund
1001
280
1011430
BATTALION 1 WATER TENDER (No copy to Karen)
1800
280
1011801
BATTALION 2 WATER TENDER " " "
1800
280
1011802
BATTALION 3 WATER TENDER " " "
1800
280
1011803
BATTALION 4 WATER TENDER " " "
1800
280
1011804
BATTALION 5 WATER TENDER " " "
1800
280
1011805
BATTALION 6 WATER TENDER " " "
1800
280
1011806
BATTALION 7 WATER TENDER " " "
1800
280
1011807
West Chico Fire Station
1800
280
1011809
Sheriffs Development Fee
1800
280
1011811
Street Improvements - Chico
1800
280
1011815
No. Oro/Therm Traffic Impact
1800
280
1011816
Oroville Area Traffic Impact
1800
280
1011817
Chico Vecino Drainage Trust
-
1800
280
1011821
Thermalito Drainage Trust
1800
280
1011822
(see TID file, write in AP book)
Subdivision Drainage Trust (write in AP book) ($4200 ac) jell drain dens.) 1800
280
1011824
Community Development Trust
1800
280
1011830
(Cussick Ave. Stone Drainage Dist.) - (write on wall
chart)
** FIRE HYDRANT FUNDS **
Map Book: 40
Fire Hydr-Durham In-. Dist.
1800
280
1011832
Map Book: 55
Fire Hydr-Lime Saddle
1800
280
1011833
Map Book: 73
_Fire Hydr-Yuba Co. Wtr. Dist. 1800.4280
1011834
f Map Book: 2,5,6,7,11,39,42,43_,45,48 —
Fire Hydr-Cal Water
1800
280_
1011836
Map Book: 65Fire
Hydr-Del Oro ` -
1800 ----280
1011837
Map Book: 33, 35, 36, 68, 72
Fire Hydr-O.W.I.D.
1800
280
1011838
Map Book: 30,31
Fire Hydr-T.I.D.
1800
280
1011839
C.S.A. 87 TraffictDrainage
1800
280
1011887
Reclamation District #2056
1001
280
1015661
Drainage District #1
2030
280
101001
Witness Fees/Misc. Revenue -(9/98)
GENL - 0010
440004
4712523
101001
** Place copy of deposit slip in the file of the applicant. Also send a copy to: Auditors Office - ATTN:
Karen Koenig. (specify name, address, AP No., project)
Survey Bond & Rbad Bondino - Const. Bonds Fund. Road Bondln,7 f O0 feel- Check & IMP—
MAI —4 r).,A if r\Ca,h D?oosit Worksheet -9/99
LAND DEVELO&NT DIVISION - DAILY DEPOSIT WSKSHEET REVISED 1/95
FUND
FUND
ACCOUNT
CASH
PURPOSE
TITLE
CODE
CODE
CODE
ERIS (Planning environmental review)
GENERAL
0010
4210900
101001
Service Charge for returned checks
GENERAL
0010
4610105
101001
Tentative Map & Checking Fees
GENERAL
0010
4611700
101001
App. for Determination (Compliance) '
GENERAL
0010
4611700
101001
Flood & Drainage Letters
GENERAL
0010
4611700
101001
Environmental Health Deposits
GENERAL
0010
4614901
101001
Street Signs
PNV ROAD OPERATIONS
0030
4711900
101001
Centerline Monuments
PNV ROAD OPERATIONS
0030
4711900
101001
Fire Planning Application Fees
FIRE PROTECTION
0100
4617240
101001
Pleasant Valley Drainage
C.S.A. 23
0340
4700001
101001
S.U.D.A.D. (Shasta Union Drainage)
C.S.A. 25
0370
4700001
101001
`* TRUST FUNDS ** (send copy of the deposit to Auditor-ATTN: Karen
Koenig 5/00)
Public Documents (No copy to Karen)
DOC SALES
1001
280
1011099
Construction Bonds Fund (write on wall chart)
Faithful Performance Trust 1001
280
1011230
Road Improvement Fund (Traffic Signal)
1001
280
1011260
(specify intersection / write on wall chart)
Auditor's Suspense Fund
1001
280
1b11430
BATTALION 1 WATER TENDER (No copy to Karen)
1800
280
1011801
BATTALION 2 WATER TENDER " " "
1800
280
1011802
BATTALION 3 WATER TENDER " " "
1800
280
1011803
BATTALION 4 WATER TENDER " " "
1800
280
1011804
BATTALION 5 WATER TENDER
1800
280
1011805
BATTALION 6 WATER TENDER " " "
1800
280
1011806
BATTALION 7 WATER TENDER " " "
1800
280
1011807
West Chico Fire Station
1800
280
1011809
Sheriffs Development Fee
1800
280
1011811
Street Improvements - Chico
1800
280
1011815
No. Oro/Therm Traffic Impact
1800
280.
1011816
Oroville Area Traffic Impact
1800
280
1011817
Chico Vecino Drainage Trust
1800
280
1011821
Thermalito Drainage Trust
1800
280
1011822
(see TID file, write in AP book)
490
28Q
1011823
DFainage Depesit:Pmrt
Subdivision Drainage Trust (write in AP book) ($4200 ac) fall drain dens.) 1800
280
1011824
Community Development Trust
1800
280
1011830
(Cussick Ave. Storm Drainage Dist.) - (write on wall
chart)
** FIRE HYDRANT FUNDS'""
Map Book: 40
Fire Hydr-Durham Irr. Dist
1800
280
1011832
Map Book: 55
Fire Hydr-Lime Saddle
1800
280
1011833
Map Book: 73
Fire Hydr-Yuba Co. Wtr. Dist
1800
280
1011834
Map Book: 2,5,6,7,11,39,42,43,45,48
Fire Hydr-Cal Water
1800
280
1011836
Map Book: 65
Fire Hydr-Del Oro
1800
280
.1011837
Map Book: 33, 35, 36, 68, 72
Fire Hydr-O.W.I.D.
1800
280
1011838
Map Book: 30,31
Fire Hydr-T.I.D.
1800
280
1011839
C.S.A. 87 Traffic/Drainage
1800
280
1011887
Reclamation District #2056
1001
280
1015661
Drainage District #1
2030
280
101001
Witness Fees/Misc. Revenue -(9/98)
GENL - 0010
440004
4712523
101001
*" Place copy of deposit slip in the file of the applicant Also send a copy to:
Auditor's Office - ATTN:
Karen Koenig. (specify name, address, AP No., project) .
Survey Bond & Road Bonding - Const. Bonds Fund.
Road Bonding
fg100 fie) =Check & Inst/ .
n.1 —a ne, .��.�„����<h n<�.-.0 W,!rkiheet 9/98
•
•
DATE INVOICE AMOUNT 90-3504
1211
SHERATON REAL ESTATE MANAGEMENT:
1478
.10 INDEPENDENCE CIRCLE
CHICO, CA 95926 elk' ?�
-(916) 342-2214_ « 3
I
TRI -COUNTIES BANK Pillsbury Road Office
2171 PILLSBURY ROAD CHICO, CALIFORNIA 95926
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"' DOLLARS $ 24
11'00147811' 1:A 21 L3504Si: 066033Le9 L11'
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OFFICIAL RECEIPT
COUNTY OF BUTTE
STATE OF CALIFORNIA
OFFICE OF PLANNING
RECEIPT 18536
ISSUED By
RECEIVED FROM
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a 1 7 1 , * DATE INVOICE AMOUNT 12,x'
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DATE RECEIPT TOTAL PUBLIC
NO. RECEIVED WORKS
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PUBLIC ENV. FIRE NOE/NOO OTHER APPLICANT
LAFCO PLANNING SALES HEALTH F/G FEE
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OFFICIAL RECEIPT
COUNTY OF BUTTE
STATE OF CALIFORNIA
OFFICE OF PLANNING
RECEIPT 18536
ISSUED BY
RECEIVED FROM
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BANK.•. ury Offi
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PUBLIC ENV. FIRE NOE/NOO OTHER APPLICANT
LAFCO PLANNING SALES HEALTH F/G FEE
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OFFICIAL RECEIPT
COUNTY OF BUTTE
STATE OF CALIFORNIA
OFFICE OF PLANNING
RECEIPT 18536
ISSUED BY
RECEIVED FROM
TO:
X
FROM:
SUBJECT:
�o
NOTICE OF DETERMINATION
Office of Plan.& Research Dept.
1400 Tenth Street
Sacramento, CA 95814
Butte County Clerk
Butte County Planning
7 County Center Dr., Oroville 95965
Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources
Code.
Project Title: UP 00-01, Use Permit
AP Number: 007-160-014
Applicant: Larry Ruby, 10 Independence Circle, Suite C, Chico, CA 95926
State Clearinghouse Number (If submitted to clearinghouse):
Contact Person: Daniel Breedon Telephone Number: 538-7601
Project Location: 1166 and 1170 East Lassen Avenue, Chico
Project Description: Use Permit to allow a 1400 sq. ft. expansion of an existing commercial building as a non-
conforming use.
This is to advise that the Butte County Planning Commission has approved the above-described project on November 18,
1999, and has made the following determinations regarding the above-described project:
1. The project will, _X_ will not, have a significant effect on the environment.
2. An Environmental Impact Report was prepared for this project pursuant to the provisions of
CEQA.
_X_ A Negative Declaration was prepared for this project pursuant to the provisions of CEQA.
3. Mitigation measures _X_ were, were not, made a condition of the approval of the project.
4. A statement of overriding considerations was, _X_ was not, adopted for this project.
This is to certify that the final EIR with comments and responses and record of project approval is available to the general
public at:
Date received for filing and posting at OPR
Butte County
Department of Development Services
7 County Center Drive
Oroville, CA 95965
andy Wilso
Principal Pla her
E
E
During site development and operation the applicant shall ensure that any areas prone to dust creation is
watered or treated with a soil palliative to control fugitive dust.
2. In order to protect development from the effects of expansive soils, all foundations shall be designed by a
registered Civil Engineer or licensed architect prior to site development.
In order to provide for separation and buffering of the proposed use and adjacent residential property to the
north, a landscape buffer shall be established or a solid fence shall be installed and maintained along the
north property line prior to operations. In lieu of a landscape buffer or solid fence, the existing chain-link
fence may be improved with appropriate slatting.
4. In order to limit any interference from light maintenance operations to neighboring residential areas during
times of reduced ambient noise levels, light maintenance activities shall only occur between the hours of
8:00 a.m. to 5:00 p.m., Monday through Friday.
In order to address water availability for fire protection purposes, and in lieu of hydrant installation, payment
must be made into the Cal -Water hydrant fund at a cost of $1.72 per lineal foot of street frontage.
CALIFORNIA DEPARTMENT OF FISH AND GAME
CERTIFICATE OF FILING FEE EXEMPTION
De Minimis Impact Finding
(Fish and Game Code Sec. 711.4; Section 753.5c, Title 14, California Code of Regulations)
Project Title / Butte County Location: UP 00-01, 1166 and 1170 East Lassen Avenue, Chico
Project Description: Use Permit to allow a 1400 sq. ft. expansion of an existing commercial building
as a non -conforming use.
Findings of Exemption (attach as necessary):
1. The County of Butte has conducted an initial study and prepared a (Negative
Declaration or Enviornmental Impact) so as to evaluate the potential of this project for adverse
environmental impact:
2. When considering the record as a whole, there is no evidence before the County that
the project will have potential for an adverse impact on wildlife resources or the habitat upon which
the wildlife depends.
3. The County of Butte has, on the basis of substantial evidence, rebutted the
presumption of adverse effect contained in Section 753.5 (d), of Title 14, California Code of
Regulations, if applicable.
4. The project is hereby found to be de minimis in its effect on wildlife and exempt from
the State Fish and Game filing fees required by Section 711.4 of the Fish and Game Code.
Certification:
I hereby certify that the County of Butte has made the above findings of fact and that based
upon the initial study and hearing record the project will not individually or cumulatively have an
adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code.
By:
Randy Wilson
Principal Planner
Lead Agency: County, of Butte
Date: _z27/7=&
( DECLARATION OF FEES DUE d )
Ca i ornia Fish and Game Code Section 4
NAME AND ADDRESS OF APPLICANT
Larry Ruby
10 Independence Circle, Suite C
Chico, CA 95926
(530)342-2214
FILING NO.
CLASSIFICATION OF ENVIRONMENTAL DOCUMENT:
1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION
() A. Statutorily or Categorically Exempt
$25.00 Clerk's Documentary Handling Fee
(X) B. De Minimus Impact - Certificate of Fee Exemption
$25.00 Clerk's Documentary Handling Fee
2. NOTICE OF DETERMINATION - FEE REQUIRED
() A. Negative Declaration
$1,250 State Filing Fee
$25.00 Clerk's Documentary Handling Fee
() B. Environmental Impact Report
$850 State Filing Fee
$25.00 Clerk's Documentary Handling Fee
3. () OTHER (Specify)
$25.00 Clerk's Documentary Handling Fee
PAYMENT / NON-PAYMENT OF FEES:
(X) PAYMENT: The above fees have been paid.
See attached receipt(s). #18045
2. () NON-PAYMENT: The above fees are required. Not paid.
Chief Planning Official
By: Randy Wilson
Title: Principal Planner
Lead Agency: Butte County Department of
Development Se�vices
Date:
TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL
DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE.
THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING.
ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL
DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE
COUNTY OF BUTTE.
OFFICIAL RECEIPT
COUNTY OF BUTTE
STATE OF CALIFORNIA
OFFICE OF PLANNING
T
RECEIPT 18045
"Sheraton Real Estate Mgt Tri Counties sank 135
Property Acct. 2171 Pillsbury Rd
10 Independence Cir. Ste C Chico, CA 95926
Chico, CA 95973 .
90-3504
**** TWENTY FIVE AND 00/100 DOLLARS
TO THE
ORDER OF " 11/29/99 $25.00******
Butte County Treasurer
7 County Center Dr.
Oroville, CA 95965-3397
118000 L 3 511' I: L 2 i L 3 504 SI:1110664B09 7 511'
DATE
RECEIPT
TOTAL
PUBLIC
LAFCO
PLANNING
PUBLIC
ENV.
FIRE
NOE/NOD
OTHER
APPLICANT
RECEIVED FROM
NO.
RECEIVED
WORKS
SALES
HEALTH
F/G FEE
OFFICIAL RECEIPT
COUNTY OF BUTTE
STATE OF CALIFORNIA
OFFICE OF PLANNING
T
RECEIPT 18045
"Sheraton Real Estate Mgt Tri Counties sank 135
Property Acct. 2171 Pillsbury Rd
10 Independence Cir. Ste C Chico, CA 95926
Chico, CA 95973 .
90-3504
**** TWENTY FIVE AND 00/100 DOLLARS
TO THE
ORDER OF " 11/29/99 $25.00******
Butte County Treasurer
7 County Center Dr.
Oroville, CA 95965-3397
118000 L 3 511' I: L 2 i L 3 504 SI:1110664B09 7 511'
APPENDIX G i
1. NOTICE IS HEREBY GIVEN that the project described below has been reviewed pursuant to the provisions of the California
Environmental Quality Act of 1970 (Public Resources Code 21100, et. seq.) and a determination has been made that it will not
have a significant effect upon the environment.
Assessor's Parcel No. 007-160-014
2. NAME AND ADDRESS OF PROJECT APPLICANT: Larry Ruby, 10 Independence Circle, Suite C,Chico, CA 95926
3. DESCRIPTION OF PROJECT: Use Permit to allow a 1400 sq. ft. expansion of an existing commercial building as a non-
conforming use
4. LOCATION OF PROJECT: 1166 and 1170 East Lassen Avenue, Chico
5. MITIGATION MEASURES: See attached
6. A copy of the initial study regarding the environmental effect of this project is on file at 7 County Center Drive, Oroville.
This study was:
—X— Adopted as presented.
Adopted with changes. Specific modifications and supporting reasons are attached.
A public hearing on this Negative Declaration was held by the decision making body.
Hearing Body: Butte County Planning Commission
Date of Determination: November 18, 1999
Determination:
On the basis of the initial study of environmental impact, the information presented at hearings, comments received on
the proposal and our own knowledge and independent research:
We find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE
DECLARATION is hereby adopted.
-X— We find that the project COULD have a significant effect on the environment, but will not in this case because
of attached mitigation measures described in item 5 above, which are by this reference made conditions of
project approval. A conditional NEGATIVE DECLARA is hereby adopted.
uck__Nelson--- —Vice -Chairman
Butte County Planning Commission
Date:
Mitigation Measures: •
During site development and operation the applicant shall ensure that any areas prone to dust creation is
watered or treated with a soil palliative to control fugitive dust.
2. In order to protect development from the effects of expansive soils, all foundations shall be designed by a
registered Civil Engineer or licensed architect prior to site development.
3. In order to provide for separation and buffering of the proposed use and adjacent residential property to the
north, a landscape buffer shall be established or a solid fence shall be installed and maintained along the
north property line prior to operations. In lieu of a landscape buffer or solid fence, the existing chain-link
fence may be improved with appropriate slatting.
4. In order to limit any interference from light maintenance operations to neighboring residential areas during
times of reduced ambient noise levels, light maintenance activities shall only occur between the hours of
8:00 a.m. to 5:00 p.m., Monday through Friday.
5. In order to address water availability for fire protection purposes, and in lieu of hydrant installation, payment
must be made into the Cal -Water hydrant fund at a cost of $1.72 per lineal foot of street frontage.
FOR FILING STAMP ONLY)
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA,
IN AND FOR THE COUNTY OF BUTTE
In the Matter of
... Notice..of..Public..Hearin8..................I... No .................................................................
.....................................................................
AFFIDAVIT OF PUBLICATION
State of California
County of Butte I
ss.
The undersigned resident of the county of
Butte, State of California, says:
That I am, and at all time herein mentioned
was a citizen of the United States and not a party
to nor interested in the above entitled matter;
that I am the principal clerk of the printer and
publisher of
The Chico Enterprise -Record
Oroville Mercury Register.
That said newspaper is one of general circula-
tion as defined by Section 6000 Government
Code of the State of California, Case No. 26796
by the Superior Court of the State of California,
in and for the County of Butte; that said newspa-
per at all limes herein mentioned was printed
and published daily in the City of Chico and
County of Butte; that the notice of which the
annexed is a true printed copy, was published in
said newspaper on the following days:
Oct. 26, 1999.
I certify (or declare), under penalty of
perjury, that the foregoing is true and correct, at
Chico, California.
Dated ............. Qc3...... 5.1..19.99. ............................
,
at Chico, California.
ture)
nu ,
rreby given byy the L
Pfanning Com- a
aWblk headng C
November 18, h
Bude County 1
rervlsore' Room, C
tat tion Center, h
Ater DrIJa. Cho- 1
i, regarding the C
MICR A N V
WITH
I A rRR l
metd=Q HAC R cu o
9:30 a.m. - Larry Ruby, Use !
Per allow for the expansion
and change of a non -Conform.
In
B,9 use in accordance with
tion 24-
35.20: This County
was previously
sty
occupied by the retail and Con-
struction offices of the Holiday
Pools Company. Holiday Pools
vacated the premises In CMto-
bar. Sheraton Real Estate Man.
element Is Proposing to occupy
Ilia site with offices, stora
and Ilght maintenance actiN-
ties. The expansion involves a
1'400 sq.h., Two-story addition
t0 an o existingg 2,226 sq.fL dwell.
PPreviously occupied by the
Pool
sales otltlfce and 9 employ
sea. The dwelling will continue
to be utilized as an office and
the number of employees shall
increase to 12. Additionally, a
second 1.200 sq it building
used by Holiday Pools es a re.
tail,construCllon office with six
employees will be occupied by
Sheraton Property manage-
ment for Offil space with no
change In the number of am-
ployees. A third 2,000 sq.ft
C
used by Holiday pools
for Construction work. and stor-
age shall be used by Sheraton
Property Management as a
maintenance shop and for stor-
ageof landscaping ayuipment.
Two other small bulluiPngs Cur'
used for storage and a
Shop will be utilized for storage.
The Property has a Medium
Density Residential General
Plan designation and is zonrretydd
Is locateddnorthwes Of The ane ad-
jacent to East Lassen Avenue.
approximately 800 feet north-
east of 8umap Avenue in the
north Chico area at 1166 and
1170 East Lassen Avenue.
APN 007-160.014 (DB)(UP 00-
01)
Theabove mentioned appli=
cation, Initial Study, and map
are on file and available for
Public viewing at the office of
the Butte County Development
Services
Department Planning
)dva n.,,..::,_ County Center
a.m. to 4:00 p..m,)' Comments
may be submitted In writing at
any time prior to the hearior
ng
orally at. the meeting listed
above or as m. be continued
a ab later date. Upon action tak•
an h the Planning comm scion
be the project an appeal may
be Filrd o with the Clerk of the
Board of Supervisors. The ap-
peal period rs f0 days. If you
challenge the above apOration
in court, you may be Iin
lied to
raising only those Issues you or
someone else raisedet the
Public hearing described In this
notice or in written correspond-
ence delivered o the pi tanning
Commission, at or prior to the
public hearing.
BUTTE COUNTY PLANNING
COMMISSION
THOMAS. A. PARILO
DIRECTOR DEVELOPMENT
SERVICES
Publish:10229282 r
0/26/1999 '
RECEIPT 18045
OFFICIAL RECEIPT
COUNTY OF BUTTE
STATE OF CALIFORNIA
OFFICE OF PLANNING
Ali
ISS
E BY
RECEIPT
TOTAL
PUBLIC
LAFCO
PLANNING
PUBLIC
ENV.FIRE
NOEMOD
OTHER
APPLICANT
RECEIVED FROM
DATE
NO.,
�.RECEIVED
WORKS
SALES
HEALTH
F/G FEE
RECEIPT 18045
OFFICIAL RECEIPT
COUNTY OF BUTTE
STATE OF CALIFORNIA
OFFICE OF PLANNING
Ali
ISS
E BY
DATE:11/29/99 -CK#:135 •TOTAL:$25.00******. BANK:property - Tri Counties Bank
PAYEE:Butte County Tre8Lsurer(but100) i
Property Account Invoice Description
5000 6207-0000 notice of determination
Amount
25.00
25.00
•
...... ...... .
November 22, 1999
Larry Ruby
10 Independence Circle, Suite C
Chico, CA 95926
Re: Use Permit, AP, UP 00-01
Dear Mr. Ruby:
Q
;.:. utte Oro,
L A N D O F NATURAL WEALTH A N D BEAUTY
PLANNING DIVISION
DEPARTMENT OF DEVELOPMENT SERVICES
7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397
TELEPHONE: (530) 538-7601
FAX: (530) 538-7785
At the regular meeting of the Butte County Planning Commission held November 18, 1999, your request
for a Use Permit to allow a 1400 sq. ft. expansion of an existing commercial building as a non -conforming
use, was approved subject to the conditions listed on the enclosures.
Should you desire to appeal any of the conditions imposed by the Planning Commission, you must do so
in writing, to the Clerk of the Board of Supervisors, 25 County Center Drive, Oroville, California, prior
to 5:00 p.m., Monday, November 29, 1999. The appeal fee of $50.00 must be paid at that time. If you
do not appeal and if there are no other appeal within the 10 calendar -day appeal period, the action of the
Planning Commission is final.
A Notice of Determination (NOD) should be filed for purpose of completing the California environmental
quality Act requirements. The fee for filing the NOD is a $25.00 document handling fee. A check made
payable to the Butte County Treasurer in the amount of $25.00 should be submitted to the Planning
Division in order to complete the process.
Please sign both copies of the Use Permit and return them to this Division. You must sign the Use
Permit within thirty (30) days of the expiration of the appeal period. Both signed copies must be
received, by this Division, within forty (40) days from approval of the permit by the Planning
Commission.
The Use Permit is deemed granted when the enclosures have been signed by the applicant, with the counter
signature of the Chairman of the Planning Commission, and said permit is received by the applicant by
certified mail.
Pursuant to Section 66020 (d) (2) of the Government Code you are hereby notified that you have 90 days
to register a protest challenging any fees, dedications, reservations, or exactions imposed as conditions of
approval for this project.
Should you have any questions regarding this matter, please contact Daniel Breedon at this office between
8:00 a.m. and 4:00 p.m., Monday through Friday.
Sincerely,
Lynn Richardson
Planning/Administrative
Support Service Assistant
/lr
CA
November 10, 1999
Larry Ruby
10 Independence Circle, Suite C
Chico, CA 95926
Re: Use Permit, AP 007-160-014, UP 00-01
Dear Mr. Ruby:
,�3atte C
LAN D OF NATURAL WEALTH AND BEAUTY
PLANNING DIVISION
DEPARTMENT OF DEVELOPMENT SERVICES
7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397
TELEPHONE: (530) 538-7601
FAX: (530) 538-7785
Enclosed is a copy of the Agenda Report concerning your application for a Use Permit to allow a
1400 sq. ft. expansion of an existing commercial building as a non -conforming use 1166 and 1170
East Lassen Avenue, Chico. Should you have any concerns with the report or conditions of
approval, please contact us in advance of the meeting so that we may work together to resolve your
concerns.
A public hearing has been set for November 18, 1999 at 10:45 a.m. This meeting will be held in the
Board of Supervisors' Room, 25 County Center Drive, Oroville, California.
The Planning Commission recommends that the applicant or their authorized representative be
present at the hearing to respond to any questions the Commission may have.
Should you have any questions regarding this matter, please contact Daniel Breedon of this office
at 538-7601, between 8:00 a.m. and 4:00 p.m., Monday through Friday.
Sincerely,
Lynn Richardson
Planning/Administrative
Support Service Assistant
Enc.
cc: Claude Whelchel, Maintenance Services
j:\wpdocs\pcI ts\schedule. mrg
n1 .�
- t Co
LAND OF NATURAL WEALTH AND BEAUTY
PLANNING DIVISION
«�a: f�'r+;�'"�".' �•A' DEPARTMENT OF DEVELOPMENT SERVICES
7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397.
TELEPHONE: (530) 538-7601
FAX: (530) 538-7785
www.buttecounty.net
Date: October 20, 1999
To: Responsible and Trustee Agencies
Subject: NOTICE OF INTENT - To Adopt a Proposed Mitigated Negative Declaration
for Larry Ruby Use Permit (UP 00-01) .
The Butte County Planning Division has completed an Initial Study, in accordance with the California
Environmental Quality Act (CEQA), of potential environmental consequences anticipated in
connection with the above-mentioned project, a copy of which is enclosed. This letter serves as a
Notice of Intent to adopt a Negative Declaration to allow responsible and trustee agencies a 20 -day
review period in accordance with Sections 15072 and 15105 of the CEQA Guidelines.
Please review the enclosed Initial Study and proposed Mitigated Negative Declaration. This review
should focus on your agency's area of expertise and jurisdiction. Any comments must be sent to the
above address prior to November 12, 1999. A public hearing for this matter has been scheduled for
Thursday, November 18, 1999.
If you have any questions regarding the enclosed environmental document, please contact this office
between the hours of 8:00 a.m. and 4:00 p.m.
Si el
Daniel C. Breedon
Senior Planner
cc: Larry Ruby
Butte County Public Works Department, Land Development Division
Butte County Environmental Health Department
California Department of Forestry
City of Chico
NEGATIVE DECLARATION DISTRIBUTION LIST
REVIEW PERIOD: 20 days minimum
APPLICATION: Larry Ruby Use Permit
DATE: October 20, 1999
Total Copies
Project Representative
Name
County Offices and Cities:
5�Chief Administrative Officer
Envirotnnental Health
_ Sheriff
_ LAFCo
City of Biggs
City of Oroville
Irrigation District:
_ Butte Water
_ OWID
Table Mountain Irrigation
Domestic Water
_ Butte Water District
OWID
Sewer
Develop. Services Director
_ BCAG
_ APCD
City of Gridley
Town of Paradise
_ Biggs/W. Gridley Water
_ Paradise Irrigation
Thenualito Irrigation
California Water Service Co.
Thennalito Irrigation District
Themalito Irrigation
L.O.A. PUD
Public Works Director
Building Manager
ALUC
_ Butte Co. Farm Bureau
City of Chico
Chico Airport Conutission
Agricultural Conunission
_ Durham Irrigation
_ Richvale Irrigation
Other
EI Medio Fire Protection District
Durham Area Recreation —
Richvale Recreation & Parks
_ PG&E North -.Chico _ Chambers Cable TV
PG&E South - Oroville — Viacom Cable TV
Federal Agencies
_ US Forest Service _ US Bureau of Land \Management —
t -•my Corps of Engineers
Other Districts, Agencies, Committees, local representatives of State agencies etc.
Del Oro Water Co.
Ogler
Sterling City Sewer Main
Feather River Rec. & Park
Pacific Bell
US Fish & Wildlife Service
Lime Saddle Dist
Butte Water District
_
Skansen Subdivision (CSA 21) —
Fire P
/tection
— ✓
Butte County Fire.Protection (CDF)
Recreation Districts
School Districts
Chico Area Recreation —
_
Paradise Recreation & Park —
Utilities
—
California Water Service Co.
Thennalito Irrigation District
Themalito Irrigation
L.O.A. PUD
Public Works Director
Building Manager
ALUC
_ Butte Co. Farm Bureau
City of Chico
Chico Airport Conutission
Agricultural Conunission
_ Durham Irrigation
_ Richvale Irrigation
Other
EI Medio Fire Protection District
Durham Area Recreation —
Richvale Recreation & Parks
_ PG&E North -.Chico _ Chambers Cable TV
PG&E South - Oroville — Viacom Cable TV
Federal Agencies
_ US Forest Service _ US Bureau of Land \Management —
t -•my Corps of Engineers
Other Districts, Agencies, Committees, local representatives of State agencies etc.
Del Oro Water Co.
Ogler
Sterling City Sewer Main
Feather River Rec. & Park
Pacific Bell
US Fish & Wildlife Service
Lime Saddle Dist
Community Association —
Mosq. Abatement. Oroville/Butte Co
_ _
Drainage —
Butte Env.I Council _
Paradise Pines Com. Assoc.
_
Reclamation
Cal Native Plant Society _
School Districts
_ _
Butte Co. Mining Connuittee
Forest Ranch Community Assoc. _
Butte Ck. Watershed Conservancy
_ _
Dept. of Fish and Game (Henry Lomelli)
—
Central Valley Regional Water Quality Control
—
Board (Ron Dykstra)
State Agencies (Note: Review by State agencies requires submitting
11 copies of the Negative Declaration/Initial
Study to the State Clearinghouse, 1400
Tenth Street Sacremento CA 95814. The review period
must be extended to 30 days.)
CalTrans (Traffic)
Dept. of Water Resources —
Dept. of Fish and Game (Rancho Cordova)
_ —
Forestry (Attn: Craig Carter) —
Dept of Parks and Rec. _
Highway Patrol
_
Central Reg. Water Quality Cont.
Caltrans, Aeronautics Program
_ _
Department of Conservation ---Off.
of Mine Reclamation —
Off. of Govenunental & Env. Relations
_
Dept. Social Services, Conun.Care Licensing
Individuals who have requested topics of Negative Declaration (use additional pages if necessary):
Name Address
Nance Address
Name Address
•
Project: Ruby Use Permit., UP 00-01
r:
COUNTY OF BUTTE
INITIAL STUDY
EVALUATION OF ENVIRONMENTAL IMPACTS
I. BACKGROUND:
1. Name of Proponent: Larry Ruby
2. Address: 10 Independence Circle Suite C Chico CA Phone: 530-342-2214
3. Name of Proposal: Ruby Use Permit
4. Type of Project: Use Permit
5. Project Description: Use Permit to allow for the expansion and change of a non -conforming
use in accordance with Butte County Code Section 24-35.20. This site was previously
occupied by the retail and construction offices of the Holiday Pools Company. Holiday Pools
vacated the premises in October. Sheraton Real Estate Management is proposing to occupy
this site with offices, storage and light maintenance activities.
The expansion involves a 1,400 sq.ft., two-story addition to an existing 2,226 sq.ft. dwelling
previously occupied by the pool sales office and 9 employees. The dwelling will continue to
be utilized as an office and the number of employees shall increase to 12. Additionally, a
second 1,200 sq.ft. building used by Holiday Pools as a retail/construction office with six
employees will be occupied by Sheraton Property Management for office space with no
change in the number of employees. A third 2,000 sq.ft. building used by Holiday Pools for
construction work and storage shall be used by Sheraton Property Management as a
maintenance shop and for storage of landscaping equipment. Two other small buildings
currently used for storage and a shop will be utilized for storage. The property has a
Medium Density Residential General Plan designation and is zoned R-3 (Residential).
6. Location of Property: The property is located northwest of and adjacent to East Lassen
Avenue, approximately 800 feet northeast of Burnap Avenue in the north Chico area at 1166
and 1.170 East Lassen Avenue.
7. Setting: The property is developed with a 2,226 sq.ft. dwelling, 1,200 sq.ft. office building,
2,000 sq.ft. storage building, various outbuildings, pool, two septic systems, well, landscaping
and interior fencing which allows for securing the rear yard. The site is also improved with
asphalt concrete parking areas and a perimeter fence including three strands of barbed-wire.
A small drainage ditch which empties into Sycamore Creek borders the property's east
0 Butte County Department of Development Services 0 Planning Division 0
0
Project: Ruby Use Permit., UP 00-01
boundary. Access is provided by encroachment onto East Lassen Avenue.
8. Assessor's Parcel Number: 007-160-014
9. Date Checklist Submitted: October 18, 1999
10. Other public agencies whose approval is required (e.g., permits, financing approval, or
participation agreement): None.
H. DETERMINATION:
On the basis of this initial evaluation:
❑ I find that the proposed project COULD NOT have a significant effect on the environment,
and a NEGATIVE DECLARATION will be prepared.
�t I find that although the proposed project COULD have a significant effect on the
environment, there will NOT be a significant effect in this case because revisions have been
made by or agreed to by the project proponent. A MITIGATED NEGATIVE
DECLARATION will be prepared.
❑ I find that the proposed project COULD have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
❑ I find that the proposed project MAY have a "potentially significant impact" or "potentially
significant unless mitigated" impact on the environment, but at least one effect 1) has been
adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has
been addressed by mitigation measures based on the earlier analysis as described on attached
sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only
the effects that remain to be addressed.
❑ I find that although the proposed project could have a significant effect on the environment,
because all potentially significant effects (a) have been analyzed adequately in an earlier EIR
or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been
avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including
revisions or mitigation measures that are imposed upon the proposed project, nothing further
is required.
0 Butte County Department of Development Services 0 Planning Division 0
•
Project: Ruby Use Permit., UP 00-01
Prepared by: Daniel Breedon, Senior Planner
Reviewed by: Rar)W'Wilson, Principal Planner
•
f0 - Z-0 - 519 -
Date
e
III. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below could be potentially affected by this project, involving at
least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the
following pages.
❑ Aesthetics
❑ Biological resources
❑ Hazards/Hazardous Materials
❑ Mineral Resources
K Public Services
❑ Utilities/Service Systems
❑ Agriculture Resources
❑ Cultural Resources
❑ Hydrology/Water Quality
X Noise
❑ Recreation
K Mandatory Findings of Significance
EVALUATION OF ENVIRONMENTAL IMPACTS:
X Air Quality
X Geology/Soils
X Land Use/Planning
❑ Population /Housing
❑ Transportation/Traffic
1) A brief explanation is required for all answers except "No Impact" answers that are
adequately supported by the information sources a lead agency cites in the parentheses
following each question. A "No Impact" answer is adequately supported if the referenced
information sources show that the impact simply does not apply to projects like the one
involved (e.g., the project falls outside a fault rupture zone. A "No Impact" answer should
be explained where it is based on project -specific factors as well as general standards, (e.g.,
the project will not expose sensitive receptors to pollutants based on a project -specific
screening analysis.)
2) All answers must take account of the whole action involved including off-site as well as on-
site, cumulative as well as project -level, indirect as well as direct, and construction as well as
operational impacts.
3) Once the lead agency has determined that a particular physical impact may occur, then the
checklist answers must indicate whether the impact is potentially significant, less than
❑ Butte County Department of Development Services ❑ Planning Division ❑
3
• •
Project: Ruby Use Permit., UP 00-01
significant with mitigation, or less than significant. "Potentially Significant Impact" is
appropriate if there is substantial evidence that an effect may be significant. If there are one
or more "Potentially Significant Impact" entries when the determination is made, an EIR is
required.
4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where
the incorporation of mitigation measures has reduced an effect from "Potentially Significant
Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation
measures, and briefly explain how they reduce the effect to a less than significant level
(mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced).
5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA
process, an effect has been adequately analyzed in an earlier EIR or negative declaration.
Section 15063 (c)(3)(D). In this case, a brief discussion should identify the following:
a) Earlier Analysis Used: Identify and state where they are available for review.
b) Impacts Adequately Addressed: Identify which effects from the above checklist were
within the scope of and adequately analyzed in an earlier document pursuant to
applicable legal standards, and state whether such effects were addressed by
mitigation measures based on the earlier analysis.
C) Mitigation Measures: For effects that are "Less Than Significant with Mitigation
Measures Incorporated," describe the mitigation measures which were incorporated
or refined from the earlier document and the extent to which they address site-specific
conditions for the project.
6) Lead agencies are encouraged to incorporate into the checklist references to information
sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a
previously prepared or outside document should, where appropriate, include a reference to
the page or pages where the statement is substantiated.
7) Supporting Information Sources: A source list should be attached, and other sources used
or individuals contacted should be cited in the discussion.
8) The explanation of each issue should identify:
a) The significance criteria or threshold, if any, used to evaluate each question; and
b) The mitigation measure identified, if any, to reduce the impact to less than significant.
❑ Butte County Department of Development Services ❑ Planning Division ❑
2
•
Project: Ruby Use Permit., UP 00-01
Potentially
Significant
Impact
IV. ENVIRONMENTAL IMPACTS:
1. AESTHETICS. Would the project:
•
Less Than
Significant
Less
With
Than
Mitigation
Significant
Incorporated
Impact
a) Have a substantial adverse effect on a scenic vista?
No
Impact
b) Substantially damage scenic resources including, but not limited to, trees, rock .
outcroppings, and historic buildings within a state scenic highway?
X
c) Substantially degrade the existing visual character or quality of the site and its
surroundings?
X
d) Create a new source of substantial light or glare which would adversely affect day or
nighttime views in the area?
X
Response:
The site is not located within a State or County designated scenic highway. The project is not
anticipated to create any significant sources of new light or glare. This project will not affect
a scenic vista nor will it have a demonstrable negative aesthetic effect.
Mitigation: None required.
2. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are
significant environmental effects, lead agencies may refer to the California Agricultural Land
Evaluation and Site Assessment Model (1997) prepared by the California Department of
Conservation as an optional model to use in assessing impacts on agriculture and farmland .
Would the project:
❑ Butte County Department of Development Services ❑ Planning Division ❑
5
•
Project: Ruby Use Permit., UP 00-01
Less Than
Significant
Less
Potentially With
Than
Significant Mitigation
Significant No
Impact Incorporated
Impact Impact
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance
(Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and
Monitoring Program of the California Resources Agency, to non-agricultural use?
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract?
X
X
c) Involve other changes in the existing environment which, due to their location or nature,
could result in conversion of Farmland, to non-agricultural use?
X
Response:
a - c. There is no Williamson Act contract affecting this property. No impact is anticipated to
agricultural resources as a result of this Use Permit.
Mitigation: None required.
3. AIR QUALITY. Where available, the significance criteria established by the applicable air
quality management or air pollution control district may be relied upon to make the following
determinations. Would the project:
a) Conflict with or obstruct implementation of the applicable air quality plan?
X
b) Violate any air quality standard or contribute substantially to an existing or projected air
quality violation?
X
c) Result in a cumulatively considerable net increase of any criteria pollutant for which the
project region is non -attainment under an applicable federal or state ambient air quality
standard (including releasing emissions which exceed quantitative thresholds for ozone
precursors)?
X
0 Butte County Department of Development Services 0 Planning Division 0
•
Project: Ruby Use Permit., UP 00-01
Less Than
Significant
Less
Potentially With
Than
Significant Mitigation
Significant
Impact Incorporated
Impact
d) Expose sensitive receptors to substantial pollutant concentrations?
X _
e) Create objectionable odors affecting a substantial number of people?
Response:
No
Impact
X
a. - d. The Use Permit application was sent to Butte County Air Quality Management District
(District) for review. The District indicates that driveway watering and/or use of soil
palliatives be incorporated as a mitigation measure to control fugitive dust emission during
project improvements such as construction and other operations.
Mitigation Measure #l:
During site development and operation the applicant shall ensure that any areas prone to dust
creation is watered or treated with a soil palliative to control fugitive dust.
4. BIOLOGICAL RESOURCES. Would the project:
a) Have a substantial adverse effect, either directly or through habitat modifications, on any
species identified as a candidate, sensitive, or special status species in local or regional plans,
policies, or regulations, or by the California Department of Fish and Game or U. S. Fish and
Wildlife- Service?
X
b) Have a substantial adverse effect on any riparian habitat or other sensitive natural
community identified in local or regional plans, policies, regulations or by the California
Department of Fish and Game or US Fish and Wildlife Service?
X
c) Have a substantial adverse effect on federally protected wetlands as defined by Section
404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.)
through direct removal, filling, hydrological interruption, or other means?
X
0 Butte County Department of Development Services ❑ Planning Division 0
7
Project: Ruby Use Permit., UP 00-01
0 •
Less Than
Significant
Less
Potentially With
Than
Significant Mitigation
Significant No
Impact Incorporated
Impact Impact
d) Interfere substantially with the movement of any native resident or migratory fish or
wildlife species or with established native resident or migratory wildlife corridors, or impede
the use of native wildlife nursery sites?
X
e) Conflict with any local policies or ordinances protecting biological resources such as a tree
preservation policy ordinance.
X
0 Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community
Conservation Plan, or other approved local, regional, or state habitat conservation plan?
X
Response:
a. - d. A "de minimus" impact finding is recommended with regard to the project's impact
on fish, wildlife or their habitat. The project is not known to be inhabited or provide
habitat for any rare, endangered or sensitive plant or animal species. Fish and Game
fees pursuant Public Resources Code Section 21089 and as defined by Fish and Game
Code Section 711.4, are not recommended to be collected.
e. The proposal will not conflict with any local policies or ordinances protecting
biological resources such as a tree preservation policy ordinance.
f The proposal will not conflict with the provisions of an adopted Habitat Conservation
Plan, Natural Community Conservation Plan, or other approved local, regional, or
state habitat conservation plan.
Mitigation: None required.
5. CULTURAL RESOURCES. Would the project:
a) Cause a substantial adverse change in the significance of a historical resource as defined
in §15064.5?
X
b) Cause a substantial adverse change in the significance of an archaeological resource
pursuant to § 15064.5?
X
❑ Butte County Department of Development Services ❑ Planning Division ❑
91
Project: Ruby Use Permit., UP 00-01
•
Less Than
Significant
Less
Potentially With
Than
Significant Mitigation
Significant No
Impact Incorporated
Impact Impact
c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic
feature?
X
d) Disturb any human remains, including those interred outside of formal cemeteries?
X
Response:
According to Butte County constraints mapping, the ' project site is located in an area
considered to have a high archeological sensitivity. Often archeological sites are found in
foothill areas, areas with high bluffs, rock outcroppings, areas overlooking deer migratory
corridors, or above bodies of water. This mapping is general in nature and basis the
probability of archeological significance on the physical characteristics and history of different
areas of the County. Based upon the limited amount of disturbance posed by this Use Permit
and due to the fact that the entire site as already been disturbed by previous site development,
no further review is considered necessary to avoid significant impacts.
6. GEOLOGY AND SOILS. Would the project:
a) Expose people or structures to potential substantial adverse effects, including the risk of
loss, injury, or death involving:
1) Rupture of a known earth -quake fault, as delineated on the most recent Alquist-
priolo Earthquake Fault Zoning Map issued by the State Geologist for the.area or
based on other substantial evidence of a know fault? Refer to Division of Mines and
Geology Special Publication 42.
X
2) Strong seismic ground Shaking?
3) Seismic -related ground failure, including liquefaction?
0 Butte County Department of Development Services 0 Planning Division 0
N
Ll
Project: Ruby Use Permit.; UP 00-01
Potentially
Significant
Impact
4) Landslides?
LJ
Less Than
Significant Less
With Than
Mitigation Significant
Incorporated Impact
b) Result in substantial soil erosion or the loss of topsoil?
No
Impact
X
X
c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a
result of the project, and potentially result in on- or off-site landslide, lateral spreading,
subsidence, liquefaction or collapse?
X
d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code
(1994), creating substantial risks to life or property?
X
e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste
water disposal system where sewers are not available for the disposal or waste water?
X
Response:
a.1. The Seismic Safety Element indicates that all of Butte County is in Moderate
Earthquake Intensity Zone VIII. The closest mapped Fault -Rupture Zone is the
Cleveland Hills Fault line which is located 28 -miles to the southeast. Construction of
all buildings on the project site to Uniform Building Code seismic standards is
required to address seismic activity.
a.2. The intensity of ground shaking at any specific site depends on the characteristics of
the earthquake, the distance from the earthquake, and on the local geologic soils and
conditions. At present, there is insufficient data to predict accurately the expected
ground motions at various locations in Butte County.
a.3. The Butte County Seismic Safety Element's Liquefaction Potential Map indicates that
the site has a moderate potential for liquefaction. No impact is anticipated.
a.4. The Subsidence and Landslide Potential Map of the Safety Element of the Butte
County General Plan indicates that there is low potential for landslides in this area.
This site is has level topography. No Impact is anticipated.
❑ Butte County Department of Development Services ❑ Planning Division ❑
10
Project: Ruby Use Permit., UP 00-01
b. The Erosion Potential Map of the Safety Element of the Butte County General Plan
indicates that there is slight potential for erosion potential at this site. No impact shall
be incurred.
C. No impact is anticipated from instability, landslide, lateral spreading, subsidence,
liquefaction or collapse.
d. The Conservation Element indicates that the project site has a moderate Expansive
Soil designation. Many valley areas within Butte County have a high potential for
structural damage from soil shrinking and swelling. The Conservation Element's
Policy 6.1 instructs to protect development in valley areas with expansive soils. This
is to be accomplished through the implementation of mitigation measures for large
developments and major facilities when there is a potential for significant damage. The
subject project, which would allow for a 1,400 sq.ft. addition to a single family
dwelling, does not qualify as a large development, nor is there potential for significant
damage to major facilities. Building site development will take place in accordance
with the Uniform Building Code through Butte County's building permit process.
Typical commercial construction techniques, when in conformance with the UBC, can
protect from structural damage caused by expansive soils. At the time of building plan
checking, the Butte County Building Division requires that soil tests be conducted on
soils that have a high potential for expansion. If it is determined that the project site
contains such soils, the Building Division will ensure that appropriate measures are
taken to prevent damage to structures from expansive soils. Staff recommends that
as a mitigation for this project all foundations for this project be designed by a
registered Civil Engineer or licensed architect.
Mitigation Measure #2:
Prior to site development all foundations shall be designed by a registered Civil
Engineer or licensed architect.
Minor increases in wastewater flows will occur as a result of expansion of the single
family dwelling. The Environmental Health Department indicates that the site is
within the Nitrate Action Plan/Prohibition Order area. This is a special area which
regulates additional septic systems within the Chico Urban Area. The existing septic
system which serves the dwelling must be upgraded with additional leach lines to
adequately process the additional wastewater flow. This will be a condition of the
Use Permit.
❑ Butte County Department of Development Services ❑ Planning Division ❑
11
Less Than
Significant
Less
Potentially With
Than
Significant Mitigation
Significant No
Impact Incorporated
Impact Impact
b. The Erosion Potential Map of the Safety Element of the Butte County General Plan
indicates that there is slight potential for erosion potential at this site. No impact shall
be incurred.
C. No impact is anticipated from instability, landslide, lateral spreading, subsidence,
liquefaction or collapse.
d. The Conservation Element indicates that the project site has a moderate Expansive
Soil designation. Many valley areas within Butte County have a high potential for
structural damage from soil shrinking and swelling. The Conservation Element's
Policy 6.1 instructs to protect development in valley areas with expansive soils. This
is to be accomplished through the implementation of mitigation measures for large
developments and major facilities when there is a potential for significant damage. The
subject project, which would allow for a 1,400 sq.ft. addition to a single family
dwelling, does not qualify as a large development, nor is there potential for significant
damage to major facilities. Building site development will take place in accordance
with the Uniform Building Code through Butte County's building permit process.
Typical commercial construction techniques, when in conformance with the UBC, can
protect from structural damage caused by expansive soils. At the time of building plan
checking, the Butte County Building Division requires that soil tests be conducted on
soils that have a high potential for expansion. If it is determined that the project site
contains such soils, the Building Division will ensure that appropriate measures are
taken to prevent damage to structures from expansive soils. Staff recommends that
as a mitigation for this project all foundations for this project be designed by a
registered Civil Engineer or licensed architect.
Mitigation Measure #2:
Prior to site development all foundations shall be designed by a registered Civil
Engineer or licensed architect.
Minor increases in wastewater flows will occur as a result of expansion of the single
family dwelling. The Environmental Health Department indicates that the site is
within the Nitrate Action Plan/Prohibition Order area. This is a special area which
regulates additional septic systems within the Chico Urban Area. The existing septic
system which serves the dwelling must be upgraded with additional leach lines to
adequately process the additional wastewater flow. This will be a condition of the
Use Permit.
❑ Butte County Department of Development Services ❑ Planning Division ❑
11
Project: Ruby Use Permit., UP 00-01
Potentially
Significant
Impact
Mitigation: None required.
Less Than
Significant
Less
With
Than
Mitigation
Significant
Incorporated
Impact
7. HAZARDS AND HAZARDOUS MATERIALS. Would the project.:
No
Impact
a) Create a significant hazard to the public or the environment through the routine transport
use, or disposal of hazardous materials?
X
b) Create a significant hazard to the public or the environment through reasonably foreseeable
upset and accident conditions involving the release of hazardous materials into the
environment?
X
c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances,
or waste within orae -quarter mile of an existing or proposed schools?
X
d) Be located on a site which is included on a list of hazardous materials sites complied
pursuant to Government Code Section 65962.5 and, as a result, would it create a significant
hazard to the public or the environment?
X
e) For a project located within an airport land use plan or, where such a plan has not been
adopted, within two miles of a public airport or public use airport, would the project result
in a safety hazard for people residing or working in the project area?
X
f) For a project within the vicinity of a private airstrip, would the project result in a safety
hazard for people residing or working in the project area?
X
g) Impair implementation of or physically interfere with an adopted emergency response
plan or emergency evacuation plan?
X
❑ Butte County Department of Development Services ❑ Planning Division ❑
12
•
Project: Rube Use Pennit., UP 00-01
•
Less Than
Significant
Less
Potentially With
Than
Significant Mitigation
Significant No
Impact Incorporated
Impact Impact
h) Expose people or structures to a significant risk of loss, injury or death involving wildland
fires, including where wildlands are adjacent to urbanized areas or where residences are
intermixed with wildlands?
X
Response:
a - d. The project will not create any hazardous materials, and is not located on or near any
sources of hazardous materials. No impact shall be incurred.
e - g. The property is not located within the vicinity of an airport, airport land -use plan,
private airstrip, nor shall interfere with an adopted emergency response plan or
emergency evacuation plan. No impact shall be incurred.
h. The California Department of Forestry indicates that the area is not prone to wildland
fires. No impact shall be incurred.
Mitigation: None required.
8. HYDROLOGY AND WATER QUALITY. Would the project:
a) Violate any water quality standards or waste discharge requirements?
X
b) Substantially deplete groundwater supplies or interfere substantially with groundwater
recharge such that there would be a net deficit in aquifer volume or a lowering of the local
groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to
a level which would not support existing land uses or planned uses for which permits have
been granted)?
X
c) Substantially alter the existing drainage pattern of the site or area, including through the
alteration of the course of a stream or river, in a manner which would result in substantial
erosion or siltation on -or off-site?
X
❑ Butte County Department of Development Services ❑ Planning Division ❑
13
Project: Ruby Use Permit.; UP 00-01
d) Substantially alter the existing drainage pattern of the site or area, including through the
alteration of the course of a stream or river, or substantially increase the rate or amount of
surface runoff in a manner which would result in flooding on- or off-site?
X
e) Create or contribute runoff water which would exceed the capacity of existing or planned
storm water drainage systems or provide substantial additional sources of polluted runoff?
X
0 Otherwise substantially degrade water quality?
g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard
Boundary or Flood Insurance Rate Map or other flood hazard delineation map?
X
h) Place within a 100 -year flood hazard area structures which would impede or redirect flood
flows?
X
1) Expose people or structures to a significant risk or loss, injury or death involving flooding
including flooding as a result of the failure of a levee or dam?
X
j) Inundation by seiche, tsunami, or mudflow?
X
Response:
a. - f The Use Permit will allow for a 1,700 sq.ft addition to the single family dwelling and
continuation of the non -conforming uses which include offices and a maintenance
shop/storage areas. The proposed use is not expected to have any effect on water
quality or drainage. Impact on groundwater should be minimal since additional
domestic wells will not be necessary. The applicant shall utilize the existing domestic
well for as a source for water to conduct dust abatement if necessary.
❑ Butte County Department of Development Services ❑ Planning Division ❑
14
Less Than
Significant
Less
Potentially With
Than
Significant Mitigation
Significant No
Impact Incorporated
Impact Impact
d) Substantially alter the existing drainage pattern of the site or area, including through the
alteration of the course of a stream or river, or substantially increase the rate or amount of
surface runoff in a manner which would result in flooding on- or off-site?
X
e) Create or contribute runoff water which would exceed the capacity of existing or planned
storm water drainage systems or provide substantial additional sources of polluted runoff?
X
0 Otherwise substantially degrade water quality?
g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard
Boundary or Flood Insurance Rate Map or other flood hazard delineation map?
X
h) Place within a 100 -year flood hazard area structures which would impede or redirect flood
flows?
X
1) Expose people or structures to a significant risk or loss, injury or death involving flooding
including flooding as a result of the failure of a levee or dam?
X
j) Inundation by seiche, tsunami, or mudflow?
X
Response:
a. - f The Use Permit will allow for a 1,700 sq.ft addition to the single family dwelling and
continuation of the non -conforming uses which include offices and a maintenance
shop/storage areas. The proposed use is not expected to have any effect on water
quality or drainage. Impact on groundwater should be minimal since additional
domestic wells will not be necessary. The applicant shall utilize the existing domestic
well for as a source for water to conduct dust abatement if necessary.
❑ Butte County Department of Development Services ❑ Planning Division ❑
14
Project: Ruby Use Pennit., UP 00-01
CF. - i. The property is shown to be outside the area of the 100 -year flood per Flood
Insurance Rate Panel #06007C0340C, dated June 8, 1998. The area is shown to be
within the 500 -year flood plain. No impact shall be incurred.
j. The property is not located in an area prone to seiche, tsunami, or mudflow. No
impact shall be incurred with respect to these natural hazards.
Mitigation: None required.
9. LAND USE AND PLANNING. Would the project?
a) Physically divide an established community?
X
b) Conflict with an applicable land use plan, policy, or regulation of an agency with
jurisdiction over the project (including, but not limited to, the general plan, specific plan, local
coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an
environmental effect?
X
c) Conflict with any applicable habitat conservation plan or natural community conservation
plan?
X
Response:
a. This proposal will not physically divide an established community due to its small size
conformity to previous uses which occupied the site.
b. The project site is zoned R-3 (Residential). The site is designated by the Land Use Element
Map of the Butte County General Plan as Medium Density Residential. The R-3 zone allows
for the expansion and change of a non -conforming use upon securing a Use Permit.
Surrounding parcels are zoned R-3 with a General Plan designation of Medium Density
Residential, with the exception of land adjacent to the east which is zoned L -I (Limited
Industrial) with an Industrial General Plan designation. Surrounding and nearby parcels range
in size from 1 to 8 -acres. Land uses on surrounding parcels include a commercial complex
❑ Butte County Department of Development Services ❑ Planning Division ❑
15
Less Than
Significant
Less
Potentially With
Than
Significant Mitigation
Significant No
Impact Incorporated
Impact Impact
CF. - i. The property is shown to be outside the area of the 100 -year flood per Flood
Insurance Rate Panel #06007C0340C, dated June 8, 1998. The area is shown to be
within the 500 -year flood plain. No impact shall be incurred.
j. The property is not located in an area prone to seiche, tsunami, or mudflow. No
impact shall be incurred with respect to these natural hazards.
Mitigation: None required.
9. LAND USE AND PLANNING. Would the project?
a) Physically divide an established community?
X
b) Conflict with an applicable land use plan, policy, or regulation of an agency with
jurisdiction over the project (including, but not limited to, the general plan, specific plan, local
coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an
environmental effect?
X
c) Conflict with any applicable habitat conservation plan or natural community conservation
plan?
X
Response:
a. This proposal will not physically divide an established community due to its small size
conformity to previous uses which occupied the site.
b. The project site is zoned R-3 (Residential). The site is designated by the Land Use Element
Map of the Butte County General Plan as Medium Density Residential. The R-3 zone allows
for the expansion and change of a non -conforming use upon securing a Use Permit.
Surrounding parcels are zoned R-3 with a General Plan designation of Medium Density
Residential, with the exception of land adjacent to the east which is zoned L -I (Limited
Industrial) with an Industrial General Plan designation. Surrounding and nearby parcels range
in size from 1 to 8 -acres. Land uses on surrounding parcels include a commercial complex
❑ Butte County Department of Development Services ❑ Planning Division ❑
15
Project: Ruby Use Permit., UP 00-01
and mini -storage facility to the east, an apartment complex to the west, vacant lands to the
north and two single family dwellings adjacent to the south across East Lassen Avenue.
Section 24-35.20 of the Butte County Code requires that when considering a Use Permit for
a non -conforming use, the Planning Commission only grant the Use Permit when it finds that
the change in use and expansion of use will not conflict with, impair or be detrimental to the
uses both permitted and conditional of the zone in which it is located and/or adjoins.
Although the property management use is different from the previous retail pool and
maintenance business, the activities taking place such as the operation of a commercial office,
light maintenance and storage is substantially the same. The minor maintenance and repair
work that will take place involves activities such as window screen repair, minor table saw
work, and lawn mower blade sharpening. These activities will be confined within a building.
The closest residential neighbor is an apartment complex adjacent to the west. The
apartments are approximately 100 feet from the proposed maintenance building, according
to Building Department records. The building's entrance is oriented away from the
apartments. A dense growth of cedar trees runs along the common property line 20 feet from
the maintenance building and provides an effective buffer. The 100 foot distance,
containment of activities within the building, orientation of the building's entrance and buffer
combine to protect the adjacent apartments from any use allowed within the building that may
present an impairment, detriment or conflict.
Adjacent property to the east is industrial and is developed with similar commercial uses.
This area is also separated from the property by a small drainage ditch that flows into
Sycamore Creek. No buffering would be necessary to separate the proposed use from the
adjacent commercial use.
The adjacent residential property to the north is not developed at this time and consists of a
single 7.3 acre parcel. This property is separated from the site by a chain-link fence.
Construction of a landscape barrier or solid fence may be warranted at this location upon
development of the site with residential uses. This will help screen the maintenance area from
view. This is recommended as a project mitigation.
The addition to the single family dwelling will allow for three additional employees. The site
is large enough to provide parking for the additional employees and additionally includes a
large area of asphalt concrete suitable for additional parking. The site plan shows that 45
parking spaces would available. This exceeds the amount necessary to account for the 21
parking spaces required (18 employee parking spaces + 1 handicap space + 2 customer
spaces). Some trips will also be generated by public visits which involve rental applicants and
❑ Butte County Department of Development Services ❑ Planning Division ❑
16
Less Than
Significant
Less
Potentially With
Than
Significant Mitigation
Significant No
Impact Incorporated
Impact Impact
and mini -storage facility to the east, an apartment complex to the west, vacant lands to the
north and two single family dwellings adjacent to the south across East Lassen Avenue.
Section 24-35.20 of the Butte County Code requires that when considering a Use Permit for
a non -conforming use, the Planning Commission only grant the Use Permit when it finds that
the change in use and expansion of use will not conflict with, impair or be detrimental to the
uses both permitted and conditional of the zone in which it is located and/or adjoins.
Although the property management use is different from the previous retail pool and
maintenance business, the activities taking place such as the operation of a commercial office,
light maintenance and storage is substantially the same. The minor maintenance and repair
work that will take place involves activities such as window screen repair, minor table saw
work, and lawn mower blade sharpening. These activities will be confined within a building.
The closest residential neighbor is an apartment complex adjacent to the west. The
apartments are approximately 100 feet from the proposed maintenance building, according
to Building Department records. The building's entrance is oriented away from the
apartments. A dense growth of cedar trees runs along the common property line 20 feet from
the maintenance building and provides an effective buffer. The 100 foot distance,
containment of activities within the building, orientation of the building's entrance and buffer
combine to protect the adjacent apartments from any use allowed within the building that may
present an impairment, detriment or conflict.
Adjacent property to the east is industrial and is developed with similar commercial uses.
This area is also separated from the property by a small drainage ditch that flows into
Sycamore Creek. No buffering would be necessary to separate the proposed use from the
adjacent commercial use.
The adjacent residential property to the north is not developed at this time and consists of a
single 7.3 acre parcel. This property is separated from the site by a chain-link fence.
Construction of a landscape barrier or solid fence may be warranted at this location upon
development of the site with residential uses. This will help screen the maintenance area from
view. This is recommended as a project mitigation.
The addition to the single family dwelling will allow for three additional employees. The site
is large enough to provide parking for the additional employees and additionally includes a
large area of asphalt concrete suitable for additional parking. The site plan shows that 45
parking spaces would available. This exceeds the amount necessary to account for the 21
parking spaces required (18 employee parking spaces + 1 handicap space + 2 customer
spaces). Some trips will also be generated by public visits which involve rental applicants and
❑ Butte County Department of Development Services ❑ Planning Division ❑
16
Project: Ruby Use Permit., UP 00-01
Less Than
Significant
Less
Potentially With
Than
Significant Mitigation
Significant No
Impact Incorporated
Impact Impact
rent check drop-offs. These trips are not expected to be above the number of trips which
occurred previously since the retail/pool sales business involved customer visits. Two parking
spaces are to be provided for public visits.
C. The property is not within a habitat conservation plan or natural community conservation
plan. No impact shall be incurred.
Mitigation Measure #3:
In order to provide for separation and buffering of the proposed use and adjacent residential
property to the north, a landscape buffer shall be established or slats shall be installed and
maintained on the existing 6 foot chain-link fence along the north property line prior to
operations.
10. MINERAL RESOURCES. Would the project:
a) Result in the loss of availability of a known mineral resource that would be of value to the
region and the residents or the state?
X
b) Result in the loss of availability of a locally -important mineral resource recovery site
delineated on a local general plan, specific plan or other land use plan?
X
Response:
a. - b. The property is not known to contain any important mineral resources of value to the
region. No impact shall be incurred.
Mitigation: None required.
11. NOISE. Would the project resent in:
a) Exposure of persons to or generation of noise levels in excess of standards established in
the local general plan or noise ordinance, or applicable standards of other agencies?
X
❑ Butte County Department of Development Services ❑ Planning Division ❑
17
Project: Ruby Use Pennit., UP 00-01
,•
Less Than
Significant
Less
Potentially With
Than
Significant Mitigation
Significant No
Impact Incorporated
Impact Impact
b) Exposure of persons to or generation of excessive ground borne vibration or ground borne
noise levels:
X
c) A substantial permanent increase in ambient noise levels in the project vicinity above
levels existing without the project?
X
d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity
above levels existing without the project?
X
e) For a project located within an airport land use plan or, where such a plan has not been
adopted, within two miles of a public airport or public use airport, would the project expose
people residing or working in the project area to excessive noise levels?
X
f) For a project within the vicinity of a private airstrip, would the project expose people
residing or working in the project area to excessive noise levels?
X
Response:
a. - d. Ambient noise on and around the project area is affected primarily by traffic noise on
East Lassen Avenue. Previous activities that occurred on the site included
maintenance on excavation and earthmoving equipment. The proposed use will not
involve this level of activity. The light maintenance proposed will be confined to a
building and is not anticipated to create noise levels that will have any significant
impact. The more noisy maintenance activities such as lawn mower blade sharpening
shall be confined to a building. This activity takes place approximately 3 times during
the 5 month landscaping season. The fact that this is a temporary impact, together
with the fact that the use will be confined to a building combine to limit the
significance of the noise impact posed by the proposed use.
It is recognized that significant noise impact may ocurr to adjacent residential areas
if maintenance operations are allowed to ocurr during the evening, night, and morning
when ambient noise levels are expected to be reduced. Staff is recommending a
mitigation requiring that maintenance operations be limited to the hours of 8:00 a.m
❑ Butte County Department of Development Services ❑ Planning Division ❑
18
I*
Project: Ruby Use Permit. UP 00-01
•
Less Than
Significant
Less
Potentially With
Than
Significant Mitigation
Significant No
Impact Incorporated
Impact Impact
to 5:00 p.m., Monday through Friday to avoid impacts from light maintenance
activities during the times of reduced noise level in the neighborhood.
e. - f This project is within the area of the Chico Airport land use plan. The application has
been sent to the Airport Land Use Commission for review. Any requirements
required by the Commission shall be made conditions of the Use Permit.
Mitigation Measure #4:
In order to limit any interference from light maintenance operations to neighboring
residential areas during times of reduced ambient noise levels, light maintenance
activities shall only ocurr between the hours of 8:00 a.m to 5:00 p.m., Monday
through Friday.
12. POPULATION AND HOUSING. Would the project:
a) Induce substantial population growth in an area, either directly (for example, by proposing
new homes and businesses) or indirectly (for example, through extension of roads or other
infrastructure?
X
b) Displace substantial numbers of existing housing, necessitating the construction of
replacement housing elsewhere?
X
c) Displace substantial numbers of people, necessitating the construction of replacement
housing elsewhere?
X
Response:
a. The project will not contribute additional population to Butte County. No impact
shall be incurred.
b. - c. The project will not displace individuals or housing. No impact shall be incurred.
Mitigation: None required.
❑ Butte County Department of Development Services ❑ Planning Division 0
19
Project: Ruby Use Permit., UP 00-01
Potentially
Significant
Impact
13. PUBLIC SERVICES.
,9.
Less Than
Fire protection?
Significant
Less
With
Than
Mitigation
Significant No
Incorporated
Impact Impact
a) Would the project result in substantial adverse physical impacts associated with the
provision of new or physically altered governmental facilities, need for new or physically
altered governmental facilities, the construction of which could cause significant
environmental impacts, in order to maintain acceptable service ratios, response times, or other
performance objectives for any of the public services?
b)
Fire protection?
c)
Police Protection?
d)
Schools?
e)
Parks?
e)
Other public services?
Response
X
a. Since the Use Permit is only allowing a small business, no impact is anticipated in
relation to these public service concerns.
b. The Butte County Fire Department/California Department of Forestry indicates that
construction of the addition to the single family dwelling must be in accordance with
the latest fire safe regulations (Public Resources Code 4290). In addition, CDF
requires that, in lieu of hydrant installation, payment may be made into the Cal -Water
hydrant fund at a cost of $1.72 per lineal foot of street frontage. This is
recommended as a mitigation for the Use Permit.
C. No impact shall be incurred to police services.
d. The proposal will not result in any incremental demand for school facilities in the area.
No impact shall be incurred.
0 Butte County Department of Development Services D Planning Division 0
20
Project: Ruby Use Permit., UP 00-01
e. Use Permit approval will not result in any demand for parks or park services. No
impact shall be incurred.
f No impact is anticipated to any other public services.
Mitigation Measure #5:
In order to address water availability for fire protection purposes, and in lieu of
hydrant installation, payment must be made into the Cal -Water hydrant fund at a cost
of $1.72 per lineal foot of street frontage.
14. RECREATION.
a) Would the project increase the use of existing neighborhood and regional parks or other
recreational facilities such that substantial physical deterioration of the facility would occur
or be accelerated?
X
b) Does the project include recreational facilities or require the construction or expansion of
recreational facilities which might have an adverse physical effect on the environment?
X
Response:
a. and b. Use Permit approval will not result in the need for specific mitigation for area
parks and recreation facilities. No impact shall be incurred.
Mitigation: None required.
15. TRANSPORTATION/TRAFFIC. Would the project:
a) Cause an increase in traffic which is substantial in relation to the existing traffic load and
capacity of the street system (i.e., result in a substantial increase in either the number of
vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)?
X
b) Exceed, either individually or cumulatively, a level of service standard established
by the county congestion management agency for designated roads or highways?
❑ Butte County Department of Development Services ❑ Planning Division ❑
21
Less Than
Significant
Less
Potentially With
Than
Significant Mitigation
Significant No
Impact Incorporated
Impact Impact
e. Use Permit approval will not result in any demand for parks or park services. No
impact shall be incurred.
f No impact is anticipated to any other public services.
Mitigation Measure #5:
In order to address water availability for fire protection purposes, and in lieu of
hydrant installation, payment must be made into the Cal -Water hydrant fund at a cost
of $1.72 per lineal foot of street frontage.
14. RECREATION.
a) Would the project increase the use of existing neighborhood and regional parks or other
recreational facilities such that substantial physical deterioration of the facility would occur
or be accelerated?
X
b) Does the project include recreational facilities or require the construction or expansion of
recreational facilities which might have an adverse physical effect on the environment?
X
Response:
a. and b. Use Permit approval will not result in the need for specific mitigation for area
parks and recreation facilities. No impact shall be incurred.
Mitigation: None required.
15. TRANSPORTATION/TRAFFIC. Would the project:
a) Cause an increase in traffic which is substantial in relation to the existing traffic load and
capacity of the street system (i.e., result in a substantial increase in either the number of
vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)?
X
b) Exceed, either individually or cumulatively, a level of service standard established
by the county congestion management agency for designated roads or highways?
❑ Butte County Department of Development Services ❑ Planning Division ❑
21
Project: Ruby Use Permit., UP 00-01
0 •
Less Than
Significant
Less
Potentially With
Than
Significant Mitigation
Significant No
Impact Incorporated
Impact Impact
X
c) Result in a change in air traffic patters, including either an increase in traffic levels or a
change in location that results in substantial safety risks?
X
d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm equipment)?
e) Result in inadequate emergency access?
0 Result in inadequate parking capacity?
X
X
X
g) Conflict with accepted policies, plans or programs supporting alternative transportation
(e.g., bus turnouts, bicycle racks)?
X
Response:
a. - e. The proposal should not generate significant additional amounts of traffic. A minor
amount of addtional traffic trips will occur over the previous use since three additional
employees will utilize the additional space provided by the expansion to the dwelling.
A 1996 count of traffic conducted by the Butte County Association of Governments
indicated that an average of 8,300 vehicles used this section of East Lassen Avenue
each day. BCAG also indicates that East Lassen Avenue has a Level of Service of
"B" indicating low volumes and high speeds, although operating speeds are beginning
to be affected by other traffic. The additional traffic trips contributed by this project
will not have any significant impact to the Level of Service for East Lassen Avenue.
f. The site is large enough to provide parking for the additional employees and
additionally includes a large area of asphalt concrete suitable for additional parking.
The site plan shows that 45 parking spaces would available. This is more than
enough to provide for the 21 parking spaces required.
❑ Butte County Department of Development Services ❑ Planning Division ❑
22
Project: Ruby Use Permit., UP 00-01
g. The Use Permit will not conflict with accepted policies, plans or programs supporting
alternative transportation.
Mitigation: None required.
16. UTILITIES AND SERVICE SYSTEMS. World the project:
a) Exceed wastewater treatment requirements of the applicable Regional Water Quality
Control Board?
X
b) Require or result in the construction of new water or wastewater treatment facilities or
expansion of existing facilities, the construction of which could cause significant
environmental effects?
X
c) Require or result in the construction of new storm water drainage facilities or expansion
of existing facilities, the construction of which could cause significant environmental effects?
X
d) Have sufficient water supplies available to serve the project from existing entitlements and
resources, or are new or expanded entitlements needed?
X
e) Result in a determination by the wastewater treatment provider which serves or may serve
the project that it has adequate capacity to serve the project's projected demand in,addition
to the provider's existing commitments?
X
..
f) Be served by a landfill with sufficient permitted capacity to accommodate the project's
solid waste disposal needs?
X
g) Comply with federal, state, and local statutes and regulations related to solid waste?
❑ Butte County Department of Development Services ❑ Planning Division ❑
23
Less Than
Significant
Less
Potentially With
Than
Significant Mitigation
Significant No
Impact Incorporated
Impact Impact
g. The Use Permit will not conflict with accepted policies, plans or programs supporting
alternative transportation.
Mitigation: None required.
16. UTILITIES AND SERVICE SYSTEMS. World the project:
a) Exceed wastewater treatment requirements of the applicable Regional Water Quality
Control Board?
X
b) Require or result in the construction of new water or wastewater treatment facilities or
expansion of existing facilities, the construction of which could cause significant
environmental effects?
X
c) Require or result in the construction of new storm water drainage facilities or expansion
of existing facilities, the construction of which could cause significant environmental effects?
X
d) Have sufficient water supplies available to serve the project from existing entitlements and
resources, or are new or expanded entitlements needed?
X
e) Result in a determination by the wastewater treatment provider which serves or may serve
the project that it has adequate capacity to serve the project's projected demand in,addition
to the provider's existing commitments?
X
..
f) Be served by a landfill with sufficient permitted capacity to accommodate the project's
solid waste disposal needs?
X
g) Comply with federal, state, and local statutes and regulations related to solid waste?
❑ Butte County Department of Development Services ❑ Planning Division ❑
23
•
Project: Ruby Use Pennit., UP 00-01
Response:
Potentially
Significant
Impact
0
Less Than
Significant
Less
With
Than
Mitigation
Significant No
Incorporated
Impact Impact
a. - e. No impact shall be incurred in relation to these public utility and service concerns.
f. The project will contribute additional organic waste to the Neal Road Landfill by a
small amount. According to the Butte County Public Works Department, the Neal
Road Landfill is expected to reach maximum holding capacity by the year 2018. The
project will not have an impact on solid waste disposal.
g. No impact shall be incurred to federal, state, and local statutes and regulations related
to solid waste.
Mitigation: None required.
17. MANDATORY FINDINGS OF SIGNIFICANCE.
a) Does the project have the potential to degrade the quality of the environment,
substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population
to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce
the number or restrict the range of a rare or endangered plant or animal or eliminate important
examples of the major periods of California history or prehistory?
X
b) Does the project have impacts that are individually limited, but cumulatively considerable?
("Cumulatively considerable" means that the incremental effects of a project are considerable
when viewed in connection with the effects of past projects, the effects of other current
projects, and the effects of probable future projects)?
X
c) Does the project have environmental effects which will cause substantial adverse effects
on human beings, either directly or indirectly?
X
Response:
The project does have the potential to contribute impacts that are individually limited but
cumulatively considerable with respect to cumulative impact to Initial Study Checklist
❑ Butte County Department of Development Services ❑ Planning Division ❑
24
Project: Rube Use Permit.; UP 00-01
• •
Less Than
Significant
Less
Potentially With
Than
Significant Mitigation
Significant No
Impact Incorporated
Impact Impact
Sections 1, Air Quality, 6, Expansive Soils, 9, Land Use Compatibility, 11, Noise and 13, Fire
Protection Services. Cumulative impact to these areas will be mitigated due to the inclusion
of Mitigation Measures #1 - 5 as itemized under Section V. -Mitigation Measures and
Monitoring Requirements.
❑ Butte County Department of Development Services ❑ Planning Division ❑
25
•
Project: Ruby Use Permit., UP 00-01
V. MITIGATION MEASURES AND MONITORING REQUIREMENTS:
Mitigation Measure #1:
During site development and operation the applicant shall ensure that any areas prone to dust
creation is watered or treated with a soil palliative to control fugitive dust.
Mitigation Measure #2:
Prior to site development all foundations shall be designed by a registered Civil Engineer or
licensed architect.
Mitigation Measure #3:
In order to provide for separation and buffering of the proposed use and adjacent residential
property to the north, a landscape buffer shall be established or slats shall be installed and
maintained on the existing 6 foot chain-link fence along the north property line prior to
operations.
Mitigation Measure #4:
In order to limit any interference from light maintenance operations to neighboring residential
areas during times of reduced ambient noise levels, light maintenance activities shall only
occur between the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday.
Mitigation Measure #5:
In order to address water availability for fire protection purposes, and in lieu of hydrant
installation, payment must be made into the Cal -Water hydrant fund at a cost of $1.72 per
lineal foot of street frontage.
❑ Butte County Department of Development Services ❑ Planning Division ❑
26
�71
Project: Ruby Use Permit., UP 00-01
DATA SHEET
A. Project Description
•
1. Type of Project: Use Permit
2. Proposed Density of Development: Not applicable to Use Permit
3. Amount of Impervious Surfacing: Minimal
4. Access and Nearest Public Road: East Lassen Avenue
5. Method of Sewage Disposal: Operator will use existing residence/septic system.
6. Source of Water Supply: On-site domestic well.
7. Proximity of Power Lines: To property.
8. Potential for further land divisions and development: Not applicable to Use Permit.
B. Environmental Setting
1. Terrain
a General Topographic Character: Level
b. Slopes: None.
C. Elevation: 190 feet above sea level.
d. Limiting Factors: None.
2. Soils
a. Types and Characteristics: N/A
b. Limiting Factors: None. N/A
3. Natural Hazards of the Land
a. Earthquake Zone: Moderate Earthquake Intensity Zone VIII.
b. Erosion Potential: Slight.
C. Landslide Potential: None, potential subsidence area.
d. Fire Hazard: Unclassified. Not prone to wildland fires.
e. Expansive Soil Potential: Moderate.
4. Hydrology
a. Surface Water: None
b. Ground Water: Unknown, potentially limited. Abundant valley aquifers.
C. Drainage Characteristics: No defined courses. Small Sycamore Creek
drainage adjacent to east
d. Annual Rainfall (normal): 23 -inches per year.
e. Limiting Factors: No surface water.
5. Visual/Scenic Quality: Good.
6. Acoustic Quality: Good.
7. Air Quality: Good, except when stagnant air conditions persist in the valley.
8. Vegetation: Ornamental landscaping, Crepe Myrtle, pear, oaks, tulip trees, redwood,
purple plum, oleander, hydrangea and others.
9. Wildlife Habitat: Small birds and animals common to valley grasslands.
❑ Butte County Department of Development Services ❑ Planning Division ❑
27
•
Project: Ruby Use Permit., UP 00-01
10. Archaeological and Historical Resources in the area: High sensitivity area.
11. Butte County General Plan designation: Medium Density Residential
12. Existing Zoning: R-3 (Residential)
13. Existing Land Use on-site: Pool maintenance and sales office.
14. Surrounding Area:
a. Land Uses:
b. Zoning: R-3, Limited Industrial to east.
C. Gen. Plan Designation: Medium Density Residential, Industrial to east.
d. Parcel Sizes: 1 to 8 -acres.
15. Character of Site and Area: transitional from commercial/industrial/undeveloped to
residential.
16. Nearest Urban Area: City of Chico
17. Relevant Spheres of Influence: City of Chico
18. Improvement Standards Urban Area: City of Chico
19. Fire Protection Service:
a. Nearest County (State) Fire Station: Station number 43 approximately 1.5
miles away.
b. Water Availability: Fire tankers only.
20. Schools: Chico Unified School District.
ENVIRONMENTAL REFERENCE MATERIAL
1. Butte County Planning Department. Earthquake and Fault Activity Map 11-1, Seismic Safety
Element. Oroville, CA: CH2M Hill, 1977.
2. Butte County Planning Department. Liquefaction Potential Map 11-2, Seismic Safety
Element. Oroville, CA: CH2M Hill, 1977.
3. Butte County Planning Department. Subsidence and Landslide Potential Map 111-1- Safety
Element. Oroville, CA CH2M Hill, 1977.
4. Butte County Planning Department. Erosion Potential Map 111-2. Safety Element. Oroville,
CA: CH2M Hill, 1977.
5. Butte County Planning Department. Expansive Soils Map 111-3, Safety Element. Oroville,
CA: CH2M Hill, 1977.
6. Butte County Planning Department. Noise Element Map IV -1. Scenic Highway Element.
Oroville, CA: CH2M Hill, 1977.
7. Butte County Planning Department. Scenic Highways Map V-1, Scenic Highway Element.
Oroville; CA: CH2M Hill, 1977.
8. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4, Safety Element.
Oroville, CA: CH2M Hill, 1977.
❑ Butte County Department of Development Services ❑ Planning Division ❑
28
0
Project: Ruby Use Pennit., UP 00-01
is
9. Butte County Planning Department. Archaeological Sensitivity Man. Oroville, CA: James
P. Manning, 1983.
10. Butte County Planning Department. School District Mao. Oroville, CA.
11. Northwestern District Department of Water Resources. Chico Nitrate Study Map, Nitrate
Concentration in Shallow Wells. The Resources Agency, State of California, 1983.
12. Butte County Board of Supervisors. Agricultural Preserves Map, established by Resolution
No. 67-178. Oroville, CA: Butte County Planning Department, 1987.
13. National Flood Insurance Program. Flood Insurance Rate Maps. Federal Emergency
Management Agency. 1989.
14. USGS Quad Maps.
15. Soil Map, Chico(1925)/Oroville (1926)Area. United States Department of Agriculture.
16. Soil Survey of Chico (1925)/Oroville(1926)Area. United States Department of Agriculture.
17. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities
Map. Butte County Fire Department and California Department of Forestry, 1989.
❑ Butte County Department of Development Services ❑ Planning Division ❑
29
I,
A f. +BII.TTTIE COUNTY AIRPORT
LAND US]9?OMMISSION +
• 7 County Center Drive, Oroville, CA 95965 • (916) 538-7601 FAX (916) 538-7785 •
TO: Larry Ruby and Sheraton Real -Estate Management
FROM: Butte County Airport Land Use Commission
SUBJECT: . NOTICE OF PUBLIC HEARING ACTION:
BUTTE COUNTY AIRPORT LAND USE COMMISSION - CONSISTENCY
FINDINGS FOR: ALUC File No. A 99-11 for Larry Ruby and Sheraton Real -
Estate Management, Inc. (Planning Division Use Permit No. 00-01). A use permit
for the expansion of a non -conforming use pursuant to Section 24-35.20 of the Butte
County Zoning Ordinance. The property is located at 1170 East Lassen Avenue,
Chico. Identified by Assessors Parcel Number 007-160-014. ,
DATE NOTICE MAILED: October 28, 1999
This is your official notice that the Airport Land Use Commission held a public meeting on October 20, 1999, and
approved the findings and/or conditions attached as Exhibit(s) A.
If you have any further questions or desire additional information, please call David Doody,' of the ALUC staff, at
(530) 538-7601. The project file may be. reviewed at the Department of Development Services, 7 County Center
Drive, Oroville, California.
f
E7,CVED
1999
BUTTE COUNTY
PLANNING DIVISION
• Butte County 0 Airport Land Use Commission •
+BUT°I[°'1[°lE COUNTY tIRPORT LAND USE COMMISSION +
0 7 County Center Drive, Oroville, CA 95965 • (916) 538-7601 FAX (916) 538-7785 •
EXHIBIT "A"
BUTTE COUNTY AMPORT LAND USE COMMISSION
CONSISTENCY FINDINGS FOR:
A99-11 (County of Butte UP 00-01 - Ruby)
on APN 007-160-014
The Airport Land Use Commission has prepared the following findings based upon data contained within the 1978
Chico Municipal Airport Environs Plan (CMAEP). This data, in turn is based upon the findings of a number of
studies, documents and reports generated by individuals, firms and agencies recognized as having expertise in the
field of Airport Land Use Planning and land use compatibility.
The following findings have been prepared at the direction of the ALUC and are for the consideration of the County
of Butte (local agency) when making a decision on the project.
Section 1: ENVIRONMENTAL FINDINGS
A. No environmental documentation was submitted at the time of review.
Section 2: PROJECT CONSISTENCY FINDINGS
A. Chapter 3 of the 1993 Airport Land Use Planning Handbook identifies four functional
categories that address airport land use compatibility concerns. These include: Overflight
Protection/Land Use Compatibility, Safety, Airspace Protection and Noise. The applicant's
proposal has been found to be consistent with protection measures and policies contained in
the 1998 Chico Municipal Airport Environs Plan that are designed to address all of these
items:
Overflight Protection/Land Use Compatibility:
The focus of this consistency review is the expansion of a non -conforming use. The
Airport Land Use Commission has evaluated the proposed expansion and finds that
the change does not increase the intensity of usage. The 1978 Chico Municipal
Airport Environs Plan indicates that concentrations of people within this area should
be limited to no more than 60 to 100 per acre. The proposed expansion of the non-
conforming use will have approximately nine (9) employees. This is well below the
recommended density of 60 to 100 person per acre. Therefore, the intensity of use
will not exceed density recommendations of the 1978 CMAEP.
0 Butte County • Airport Land Use Commission 0
+BU'1[[°"J["E COUN"b'YtRPOR'1[° LAND USE COMMISSION +
• 7 County Center Drive, Oroville, CA 95965 • (916) 538-7601 FAX (916) 538-7785 •
Safety:
2. The project site is located within Zone "Al" of the Overflight Protection Zone (OPZ)
depicted in Drawing CIC -14 of the 1998 CMAEP. The property is located outside of
the Departure Clear Area shown in Drawing CIC -16 and the Flight Corridor shown on
Drawings CIC -4 and CIC -6. Accident scatter maps based upon data generated by the
University of California Berkeley, Institute of Transportation Studies (1993) and Hodges
and Shutt, have been adopted as part of the CMAEP (Drawings CIC -17 and CIC -18)
and support the finding that the project site is not located in an area with an elevated
likelihood of being impacted by aircraft accidents.
Airspace Protection:
According to Drawing CIC -5, the project site is located within the Horizontal
Surface of the CMA. The Horizontal Surface extends 150' above the established
base level of the Chico Airport, which is 238' above sea mean level (MSL).
Therefore, the elevation of the Horizontal Surface is 388' above MSL. USGS
topographic information indicates that the elevation of the project site is
approximately 188' above MSL. The project under consideration proposes to add-
on to an existing two story structure of 32' in height. The add-on will also be 32' in
height in conformance with the existing structure. The proposed project is 220' above
MSL. Therefore, the project will not result in the penetration of any FAR Par 77
Surfaces. This project would not be creating a new or adding to an existing
obstruction.
Noise:
4. The project site is located between the projected 55-60 dB CNEL contour for the
Chico Municipal Airport. Exhibit 4-4 of the CMAEP "Land Use Compatibility for
Noise Environments," indicates that office buildings, businesses and professional land
uses are considered normally acceptable in areas exposed up to 70 dB CNEL. This
land use is considered compatible within the projected 55-60 dB CNEL contour for
the Chico Municipal Airport.
The Airport Land Use Commission finds that office workers may be exposed to single
event noise levels and other episodes which exceed 70 dB. These events may include
intensive CDF air tanker operations during campaign fires, occasional military
activities, and other aircraft engine testing or maintenance procedures. Air tankers
consisting of P -Ts, P -Ts and S -2's with piston engines, may create the greatest impact
because the weight of their load requires them to make extremely low altitude
departures. The Airport Land Use Commission finds that execution of an avigation
easement is recommended to protect future airport operations.
• Butte County • Airport Land Use Commission •
+BU"I[°"1["E COti7N'd"Y TIRPORT LAND USE COMMISSION +
0 7 County Center Drive, Oroville, CA 95965 • (916) 538-7601 FAX (916) 538-7785 •
Section 3: CONDITIONS
A. The following conditions are required by ALUC to further improve the compatibility of the
project with airport operations:
K:\AL1JCXPR0JECT.MEM\RUBY1TR
Record an avigation easement that will run with the land notifying future property
owners, heirs and assigns of the Chico Municipal Airport's right of continued use of
the airspace above the project parcel and acknowledging any and all existing or
potential airport operational impacts.
2. Direct all lighting within the project site downward with shielding to prevent adverse
impacts on adjacent properties and aircraft flight activities.
• Butte County • Airport Land Use Commission •
Notice is hereby given by the Butte County Planning Commission that a public hearing on,
Thursday, November 18, 1999, in the Butte County Board of Supervisors' Room, County
Administration Center, 25 County Center Drive, Oroville, California, regarding the following item:
9:30 a.m. - Larry Ruby, Use Permit allow for the expansion and change of a non -conforming
use in accordance with Butte County Code Section 24-35.20. This site was
previously occupied by the retail and construction offices of the Holiday Pools
Company. Holiday Pools vacated the premises in October. Sheraton Real Estate
Management is proposing to occupy this site with offices, .storage and light
maintenance activities. The expansion involves a 1,400 sq.ft., two-story addition to
an existing 2,226 sq.ft. dwelling previously occupied by the pool sales office and 9
employees. The dwelling will continue to be utilized as an office and the number of
employees shall increase to 12. Additionally, a second 1,200 sq.ft. building used by
Holiday Pools as a retail/construction office with six employees will be occupied by
Sheraton Property Management for office space with no change in the number of
employees. A third 2,000 sq.ft. building used by Holiday Pools for construction
work and storage shall be used by Sheraton Property Management as a maintenance
shop and for storage of landscaping equipment. Two other small buildings currently
used for storage and a shop will be utilized for storage. The property has a Medium
Density Residential General Plan designation and is zoned R-3 (Residential). The
property is located northwest of and adjacent to East Lassen Avenue, approximately
800 feet northeast of Burnap Avenue in the north Chico area at 1166 and 1170 East
Lassen Avenue. APN 007-160-014 (DB) (UP 00-01)
The above mentioned application, Initial Study, and map are on file and available for public viewing
at the office of the Butte County Development Services Department, Planning Division, 7 County
Center Drive, Oroville, California. For information call: (530) 538-7601 (Monday through Friday,
8:00 a.m. to 4:00 p.m.) Comments may be submitted in writing at any time prior to the hearing or
orally at the meeting listed above or as may be continued to a later date. Upon action taken by the
Planning Commission on the project an appeal may be filed with the Clerk of the Board of
Supervisors. The appeal period is 10 days. If you challenge the above applications in court, you
may be limited to raising only those issues you or someone else raised at the public hearing
described in this notice or in written correspondence delivered to the Planning Commission, at or
prior to, the public hearing.
BUTTE COUNTY PLANNING COMMISSION
THOMAS A. PARILO, DIRECTOR DEVELOPMENT SERVICES
To be published in the Chico Enterprise Record on Tuesday, October 26, 1999.
Maintenance Services
A Division of Sheraton Real Estate Management
546 Hickory Street
Chico, CA 95928
Office 916 342-2562
Fax 342-7286
October 13, 1999
Dan Breedon
Butte County Planning
25 County Center Dr.
Oroville, CA 95965
Dear Mr. Breedon:
In response to your question of what maintenance activities will occur in the shop
building.
The building is used primarily for storage of landscape equipment on one side and
maintenance materials on the other. The maintenance side makes window screens,
does minor table saw work, ie: replacement drawer faces, and appliance repair.
The landscape side, on occasion, sharpens blades for mowers and repairs their
equipment.
FncIy,
Whelchel
l
r
Property Management • Full Service Maintenance • Painting • Cleaning • Landscape Maintenance Design
"'?ciisti.":�'c%:ii+f�,y'>i:0\;3,Y:;i�J;i+;::Aj��d;7�ty �;j ��;,F M1`xtii}':C:1VS n•2::3„y\<::�
.is •� r Sit �{ . s <� <'1N r�4 4 Y r r�.Yr � rrfil-�}� <f s��<�
9lq�-'
.
lin
inti --
Iso
DATE
RECEIPT
NO.
TOTAL
PUBLIC
AFC
LO
PLANNING
PUBLIC
ENV.
FIRE
NOE/NOD
OTHER
RECEIVED
WORKS
SALES
HEALTH
F/G FEE
APPLICANT
RECEIVED FROM
40
OFFICIAL RECEIPT
COUNTY OF BUTTE
STATE OF CALIFORNIA
OFFICE OF PLANNING
RECEIPT 17783
ISSUED BY
SL
T � �
BUTTE COUNTY
DEPARTMENT OF DEVELOPMENT SERVICES
PLANNING DIVISION
TO: ALUC
FROM: Butte County Planning Division
RE: Request for Comments on a Development Application: Larry Ruby, UP 00-01
DATE: August 19, 1999 CONTACT PERSON: Daniel Breedon
The Planning Division has received a project application for the property described below. The purpose of this comiircift
sheet is to:
1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project
and submit conditions, if any; and to
2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular
environmental concerns to be addressed or mitigation measures your agency/department may want incorporated.
If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing
date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed,
please call 538-7601. Thank you in advance for your time and efforts.
This is an application for Use Permit to allow a 1400 sq f. t. expansion of an existing commercial building as a non-
conforming use on property zoned R-3 (Residenti4 located at 1166 and 1170 East Lassen Avenue, Chico, identified as
APN 007-160-014. Supervisorial District No. -2. (�6d2 v;2017
R-. �?) Rbc
THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one)
_X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON October 28, 1999.
COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN . September 2, 1999. If no comments or
communications are received by the above date, the assumption will be made that your agency has no comment.
COMMENTS (Attach additional pages if necessary):
�A a� / 9 5B C,D�t.iGn .4-r� ,4n -r C [l p ,1- / ►/
"D
By: 45A
Date:
Planning Division
7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7M 1999
Oroville, Califomia
INTER -DEPARTMENTAL MEMORANDUM
BUTTE COUNTY
TO: Dan Breedon, Butte County Planning Department
FROM: Mike Huerta, Butte County
Environmental Health Department
SUBJECT: Ruby Use Permit
DATE: 'September 23, 1999
Mr. Whelchel has provided additional information as requested by
this Department. We have been able to complete our evaluation of
the project and are prepared.to condition the proposed Use
Permit. Please consider the following conditions for the Permit:
1. Prior to issuance of any Building Permit, applicant
must upgrade the existing septic system that serves the
building to be remodeled (1170 Lassen);
2. As a requirement for issuance of a septic system,
pplicant must record an executed Future Sewer Service
and Storm Drainage Agreement.
MH/sg/memo/breedon2
Planning Division
SEP 2 3 1999
Oroville, California
Sk
i
•
BUTTE COUNTY
DEPARTMENT OF DEVELOPMENT SERVICES
PLANNING DIVISION
TO: CDF
FROM: Butte County Planning Division
RE: Request for Comments on a Development Application: Larry Ruby, UP 00-01
DATE: August 19, 1999 CONTACT PERSON: Daniel Breedon
The Planning Division has received a project application for the property described below. The purpose of this comment
sheet is to:
1. Deterniine if the information contained in the application is adequate to allow your jurisdiction to review the project
and submit conditions, if any; and to
2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular
environmental concerns to be addressed or mitigation measures your agency/department may want incorporated.
If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing
date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed,
please call 538-7601. Thank you in advance for your time and efforts.
This is an application for Use Permit to allow a 1400 sq. ft. expansion of an existing commercial building as a non-
conforming use on property zoned R-3(Residential) located at 1166 and 1170 East Lassen Avenue, Chico, identified as
APN 007-160-014. Supervisorial District No. 1.
THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one)
_X_ PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON October 28, 1999.
COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN September 2; 1999. If no comments or
communications are received by the above date, the assumption will be made that your agency has no comment.
COMMENTS (Attach additional pages if necessary):
4-�
By: �= 7
Planningsion
1999
7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7MOVi91@
BUTTE COUNTY
STANDARD CONDITIONS FOR
USE PERMIT
APPLICANT: Larry Ruby DATE: August 11, 1999
AGENT: APN: 007-160-014
FILE #: UP 00-01 PLANNER:
PROJECT DESCRIPTION: Use Permit to allow a 1400 sq. ft. expansion of an existing
commercial building as a non -conforming use
Those items checked are conditions of approval.
PLEASE CONTACT THE Bi TTTE COUNTY FIRE. DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING
CHECKED CONDITIONS
1. Construction, installation or development of structures or facilities on the parcels/lots shall comply
with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other
applicable State and County codes, ordinances and regulations in effect at the time of application for
improvement permits.
K2. Building identification and/or addresses shall be installed in conformance with Public Resources Code
4290 and shall be posted at the beginning of building construction and maintained continuously
thereafter.
3. Fire hydrant identification, reflector or post reflectors shall be installed acceptable to the County Fire
Warden.
4. In lieu of a pressurized water system or water storage tank, payment of $200.00 per created parcel
into the Battalion _ water tend fund, is required prior to the issuance of a building permit.
—5. A pressurized community water system for fire protection is required. The specific locations and fire
flow requirements shall be in accordance with the Fire Department specifications and to the
satisfaction of the County Fire Warden. Average required hydrant spacing _ feet, hydrant size _
inches, and residual fire flow _ gpm. Submit plans to the Fire Department for review and approval
prior to construction of facilities.
6. In lieu of hydrant installation, payment may be made into the hydrant fund at a cost of $1.72
per lineal foot of street frontage. The estimated fee amount is $ Suez --
Prior to recordation of the Map or application for a building permit, the applicant shall pay the then
current fee for the West Chico Fire Station Fund.
8. Provide an all weather access of at least 10 foot wide and with a vertical clearance of 15 feet that will
accommodate a 40,000 pound fire apparatus to all structures.
AUC. 30 '99 (MON) 09:11 CITY OF CHICO COMMUNITY DEV. DEPT 9168954726 PACE. 1/1
i •
BUTTE COUNTY
DEPARTMENT OF DEVELOPMENT SERVICE
PLANNING DIVISION
TO: Clty of Chico -
FROM: Butte County Planning Division
RE- Request for Comments on a Development Application: Larry Ruby, UP 00-01
DATE: ,Asgu6s-I9r299919-30 CONTACT PERSON: Daniel Breedon
The Planning Division has received a project application for the property described below. The purpose of this comment
sheet is to:
1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project
and submit conditions, if any; and to.
2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular
environmental concerns to be addressed or mitigation measures your agency/department may want incorporated.
If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing
date indicated below. If a response cannot be submitted within the tima frame given, or if additional information is needed,
please call 538-7601. Thank you in advance for your time and efforts.
This is an application for Ilse Permit to allow a 1400 ag. ft, gZpanaion of an existing ce mefcial huilding as a non-
gnnfamin&= on property zoned - located at X166 nd 1 7o P - ac seen AyMMM.ChiGn,identifted as
APN 007-160-014. Supervisorial District No. 1.
THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one)
PLANNING COMMISSION - _- DEVELOPMENT REVIEW COMMITTEE ON October 28, 1999.
COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN , �gptn�*+h=J4 1999. Y no comments or
communications are received by the above date, the assumption will be made that your agency has no comment.
Oroville, Cal ornla
By: �� - Date: $-30
7 County Center Drive - Oroville, California 95965 - 530-538-7601 - PAX 530-538-7785
September 16, 1999
Larry Ruby
c/o Claude Whelchel
10 Independence Circle, #C
Chico, CA 95973
B EAU f.
DEPARTMENT OF PUBLIC HEALTH
DIVISION OF ENVIRONMENTAL HEALTH
E]18 -B County Center Drive 411 Main Street ❑ 7 County Center Drive
Oroville, CA 95965 P.O. Box 5364 Oroville, CA 95965
TEL: (530) 538-7282 Chico, CA 95927 TEL: (530) 538-7281
FAX: (530) 538-2165 TEL: (530) 891-2727 FAX: (530) 538-7785
FAX: (530) 895-6512
SUBJECT: Use Permit for Larry Ruby, 1166 & 1170 E. Lassen Ave.; APN 007-160-014
Dear Mr. Ruby:
This letter confirms our conversation on September 13, 1999. Because projects in the Chico Urban Area
are often complicated due to of the Septic Tank Prohibition Order, precise and detailed information
regarding a piece of property is often required. For these reasons, we have requested more information.
Thus, in order to continue with our evaluation we need the following information and probable tasks
performed:
1. The septic system for the structure to be enlarged must be evaluated and some determination
made on its existing size;
a) Please uncover tank and be prepared to pump it for inspection.
b) Since there are no records on this system expose parts of the system to determine size of
leachfield or simply be prepared to add to existing system.
c) ,If an addition to the system is planned, an evaluation of the existing sewage loading on
the entire lot is required. This will require floor plans of all buildings housing employees
and a list of those numbers occupying them.
If you have any questions, please contact me at the Chico office listed above between 8 and 9am,
Monday through Friday.
Very truly yours,
6 C/
Michael Huerta, Supervising R.E.H.S.
Division of Environmental Health
MH/dd/land/ruby /
cc: Dan Breedon, Planning Dept. V/ Planning DIVISIO'n
SEV 1 71999
OrOv1918, CarAornia
0
•
BUTTE COUNTY
DEPARTMENT OF DEVELOPMENT SERVICES
PLANNING DIVISION
BUTTE CO . . T-� - --t.
AUG 2 ? 10
OROVIL,__, _
TO: Butte County Animal Control
FROM: Butte County Planning Division
RE: Request for Comments on a Development Application: Larry Ruby, UP 00-01
DATE: August 19, 1999 CONTACT PERSON: Daniel Breedon
The Planning Division has received a project application for the property described below. The purpose of this comment
sheet is to:
1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project
and submit conditions, if any; and to
2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular
environmental concerns to be addressed or mitigation measures your agency/department may want incorporated.
If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing
date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed,
please call 538-7601. Thank you in advance for your time and efforts.
This is an application for Use Permit to allow a 1400 c4. ft. expansion of an existing commercial building as a non-
conforming use on property zoned R-3 (Residential) located at 1166 and 1170 East Lassen Avenue, Chico, identified as
APN 007-160-014. Supervisorial District No. 3.
THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one)
_X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON October 28, 1999.
COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN September 2; 1999. If no comments or
communications are received by the above date, the assumption will be made that your agency has no comment.
COMMENTS (Attach additional pages if necessary):
Pianning MY181011
�(Will0a CaLlwornia
By: ,��.a. !' �1����?l��"ate:
f
7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785
BUTTE COUNTY
DEPARTMENT OF DEVELOPMENT SERVICES
PLANNING DIVISION
TO: LAFCo
FROM: Butte County Planning Division
RE: Request for Comments on a Development Application: Larry Ruby, UP 00-01
DATE: August 19, 1999 CONTACT PERSON: Daniel Breedon
The Planning Division has received a project application for the property described below. The purpose of this comment
sheet is to:
1. Determine if the information contained in the application is adequate to allow your jurisdiction to'review the project
and submit conditions, if any; and to
2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular
environmental concerns to be addressed or mitigation measures your agency/department may want incorporated.
If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing
date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed,
please call 538-7601. Thank you in advance for your time and efforts.
This is an application for Use Permit to allow a 1400 s4. ft. expansion of an existing commercial building as a non-
conforming use on property zoned R-3 (Residential) located at 1166 and 1170 East Lassen Avenue, Chico, identified as
APN 007-160-014. Supervisorial District No. 1. 06,a 20q
THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one)
_X PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON October 28, 1999.
COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN September 2; 1999. If no comments or
communications are received by the above date, the assumption will be made that your agency has no comment.
COMMENTS (Attach additional pages if necessary):
/6�"Oke Mao 46— Qdep /Z04 Lldiati><'o.,al otic:,o�e k,11 474w i �, CSA 94.
2. C S A N0. z4 (Circ. Mud Cvee,r DioinnQel lUb od iec�ionc
3. CSA NO- 73 i Mcddow fslal r SZ ed "AkQq
4. !?u He Co- Mo sg,;% Co„ A. /
S. Chi[e Area dee t Pow Ditf
G. Cpbico Vnif-cd S -D.
% 8U llr Co l�c Q c
9• CSA ND. IG4 �^lnlMGl Ciwivo �/
Plannongbi
• ° S�.�.� L(,e,or Date: g22Z Ips
on
AUG 2 e 1900
OroVille, Califomia 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785
BUTTE COUNTY
DEPARTMENT OF DEVELOPMENT SERVICES
PLANNING DIVISION
TO: Public Works
FROM: Butte County Planning Division
RE: Request for Comments on a Development Application: Larry Ruby, UP 00-01
DATE: August 11, 1999 CONTACT PERSON: 2>A 0 Braerfa r)
The Planning Division has received a project application for the property described below. The purpose of this comment
sheet is to:
1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the
project and submit conditions, if any; and to
2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular
environmental concerns to be addressed or mitigation measures your agency/department may want incorporated.
If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing
date indicated below. If a response cannot be submitted within the time frame given, or if additional information is
needed, please call 538-7601. Thank you in advance for your time and efforts.
This is an application for Use Permit to allow a 1400 sq f. f. t. expansion of an existing commercial building as a non-
conforming use on property zoned R-3 (Residential) located at 1166 and 1170 East Lassen Avenue, Chico, identified
as APN 007-160-014. Supervisorial District No. 3.
THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one)
_X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON October 28, 1999.
COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN August , 1999. If no comments or
communications are received by the above date, the assumption will be made that your agency has no comment.
COMMENTS (Attach additional pages if necessary):
Niv✓G�
By: Date: ait
7 County Center Drive - Oroville, C ff- 530-538-7601 - FAX 530-538-7785 Panning Division
AUG I 1 299
COUP`-
LAND Df JC.Crt L,'J NV.
AUG 17 1999
oroviil®, Caliromia
September 2, 1999
Larry Ruby
10 Independence Circle, Suite C
Chico, CA 95926
•
' gatte, Countil
L A N D O F NAT U RA L W EA LT H A N D B E A U T Y
PLANNING DIVISION
DEPARTMENT OF DEVELOPMENT SERVICES
7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397
TELEPHONE: (530) 538-7601
FAX: (530)538-7785
www.buttecounty.net
Subject- Notice of INCOMPLETE APPLICATION, Butte County Department of
Environmental Health, Use Permit 00-01
Dear Mr. Ruby:
The Butte. County Department of Environmental Health indicates that additional information is
needed in order to properly review your application. Administrative processing of your application
will be suspended until this information is received to the satisfaction of the Environmental Health
Department.
The Planning Division also finds that the exhibit map is incomplete. Since this Use Permit is
proposing an expansion of non -conforming uses, additional information is required on the plot plan
which identifies the businesses and uses ocurring on the property.
I recommend that you contact Environmental Health directly at 891-2771 regarding their
requirements.
If you should have any questions please contact me at this office.
Daniel C. Breedon
Senior Planner
cc- Environmental Health (Chico office)
a •
BUTTE COUNTY
DEPARTMENT OF DEVELOPMENT SERVICES
PLANNING DIVISION
AUG 1 > 1999
Chico, California
TO: Environmental Health
FROM: Butte County Planning Division
RE: Request for Comments on a Development Application: Larry Ruby, UP 00-01 //
DATE: August 11, 1999 CONTACT PERSON:�n ?Weed6 i
The Planning Division has received a project application for the property described below. The purpose of this comment
sheet is to:
1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the
project and submit conditions, if any; and to
2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular
environmental concerns to be addressed or mitigation measures your agency/department may want incorporated.
If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing
date indicated below. If a response cannot be submitted within the time frame given, or if additional information is
needed, please call 538-7601. Thank you in advance for your time and efforts.
This is an application for Use Permit to allow a 1400 sq.. ft. expansion of an existing commercial building as anon
conforming use on property zoned R-3 (Residential) located at 1166 and 1170 East Lassen Avenue Chico, identified
as APN 007-160-014. Supervisorial District No. -a.
THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one)
_X_ PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON October 28, 1999.
COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN August uc , 1999. If no comments or
communications are received by the above date, the assumption will be made that your agency has no comment.
COMMENTS (Attach additional pages if necessary):
BY: Date: l6 3
anning Division
7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785
SEP ®' 1999
OrOvllle, California
INTER -DEPARTMENTAL MEMORANDUM
TO: Dan Breedon, Planning
-AFROM: Michael HuertaEnvironmental Health
SUBJECT: Larry Ruby Use Permit 00-01, 1166-1170 E. Lassen Av., AP# 007-160-014
DATE: August 31, 1999
This memo confirms our telephone conversation on August 26, 1999.
We have reviewed the aforementioned application and find it lacking in necessary information
that we need in order to determine if the project will meet out requirements for on-site sewage in
the Chico Urban Area (Nitrate Action/Prohibition Order).
A complete site plan showing all of the existing buildings and accompanying accurate floor plans
will be required. In addition, more information about the existing septic systems is also needed.
Our records are incomplete. We request "incomplete" status until the information is available.
MH/gl/land/ruby.up
LEAD IN SHEET
-- NO: P 00-01 AP#11 611
� ear � / 1 1�-•-11-1 - - - 1 • : • • •
OWNER: Same
REPRESENTATIVE:
REQUEST: Use Permit to allow a 1400 sq. ft. expansion of an existing commercial building as
1.1 •1 ••11 1_•. use
SIZE:
LOCATION: 1166 and 1170 East Lassen Avenue, Chico
SUPERVISORAL DISTRICT # 3— EXISTING ZONING:
ZONING HISTORY: 08/19/90 Ord. #2133
SURROUNDING ZONING:
SURROUNDING LAND USE:
SITE HISTORY:
GENERAL PLAN DESIGNATION: Medium Density Residential
APPLICABLE REGULATIONS:
Rec'd 08-09-99
COMMENT DISTRIBUTION LIST
APPLICATION: Larry Ruby
DATE: August 11, 1999
County Offices and Cities:
Chief Administrative Officer X_
_ Environmental Health X
Sheriff _
X_ LAFCo ✓ _
Biggs
_ Oroville _
_X_
Irrigation District:
Butte Water _
_ OWID _
Table Mountain Irrigation
Domestic Water
_ Butte Water District _
OWID
Sewer
_ Butte Water District _
Skansen Subdivision (CSA 21)
Fire Protection
_X_ California Department of Forestry u/
Recreation Districts
_ Chico Area Recreation _
Paradise Recreation & Park
Utilities
Develop. Services Director'/
✓X_ Public Works Director
Assessor,"'
Buil in Manager
BCAG
C �
APCD
_
Butte Co. Farm Bureau
Gridley
Chico ✓
Paradise
_ Chico Airport Commission
Animal Control
_X_ Agricultural Commission r/
Biggs/W. Gridley Water
Paradise Irrigation
Thermalito Irrigation
Durham Irrigation
Richvale Irrigation
Other
California Water Service Co. _ Del Oro Water Co.
Thermalito Irrigation District _ Other
Themalito Irrigation
L.O.A. PUD
El Medio Fire Protection District
Durham Area Recreation
Richvale Recreation & Parks
Sterling City Sewer Main
Feather River Rec. & Park
_ PG&E North - Chico _
Chambers Cable TV
Pacific Bell
PG&E South - Oroville
_
Viacom Cable TV
State Agencies
CalTrans (Traffic) _
Dept. of Water Resources _
Dept. of Fish and Game
Forestry (Attn: Craig Carter) _
Dept of Parks and Rec._
Highway Patrol
Central Reg. Water Quality Cont
_ Caltrans, Aeronautics Program
Department of Conservation _
Off. of Mining Reclamation _
Off. of Governmental & Env. Relations
_ Dept.Social Services, Comm.Care Licensing
Federal Agencies
US Forest Service _
US Bureau of Land Management
US Fish & Wildlife Service
Army Corps of Engineers
_
Other Districts, Agencies, Committees, etc.
Lime Saddle Dist _
Community Association _
Mosq. Abatement. Oroville/Butte Co
Drainage _
Butte Env.l Council _
Paradise Pines Com. Assoc.
Reclamation _
Cal Native Plant Society
Butte Co. Mining Committee _
Forest Ranch Community Assoc.
Butte Ck. Watershed Conservancy_
School Districts
BUTTE COUNTY
DEPARTMENT OF DEVELOPMENT SERVICES
PLANNING DIVISION
TO:
FROM: Butte County Planning Division
RE: Request for Comments on a Development Application: Larry Ruby, UP 00-01
DATE: August 19, 1999 CONTACT PERSON: Daniel Breedon
The Planning Division has received a project application for the property described below. The purpose of this comment
sheet is to:
1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project
and submit conditions, if any; and to
2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular
environmental concerns to be addressed or mitigation measures your agency/department may want incorporated.
If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing
date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed,
please call 538-7601. Thank you in advance for your time and efforts.
This is an application for Use Permit to allow a 1400 sq. ft. expansion of an existing commercial building as a non-
conforming use on property zoned R-3 esidentiall located at 1166 and 1170 East Lassen Avenue, Chico, identified as
APN 007-160-014. Supervisorial District No. 1.
THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one)
_X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON October 28, 1999.
COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN September 2; 1999. If no comments or
communications are received by the above date, the assumption will be made that your agency has no comment.
COMMENTS (Attach additional pages if necessary):
By: Date:
7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785
C
APPLICANT: Larry Ruby
AGENT:
FILE #: UP 00-01
BUTTE COUNTY
STANDARD CONDITIONS FOR
USE PERMIT
0
DATE: August 11, 1999
APN: 007-160-014
PLANNER:
PROJECT DESCRIPTION: Use Permit to allow a 1400 sq. ft. expansion of an existing
commercial building as a non -conforming use .
Those items checked are conditions of approval.
PLEASE CONTACT THE BUTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING
CHECKED CONDITIONS
Construction, installation or development of structures or facilities on the parcels/lots shall comply
with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other
applicable State and County codes, ordinances and regulations in effect at the time of application for
improvement permits.
2. Building identification and/or addresses shall be installed in conformance with Public Resources Code
4290 and shall be posted at the beginning of building construction and maintained continuously
thereafter.
3. Fire hydrant identification, reflector or post reflectors shall be installed acceptable to the County Fire
Warden.
4. In lieu of a pressurized water system or water storage tank, payment of $200.00 per created parcel
into the Battalion _ water tend fund, is required prior to the issuance of a building permit.
5. A pressurized community water system for fire protection is required. The specific locations and fire
flow requirements shall be in accordance with the Fire Department specifications and to the
satisfaction of the County Fire Warden. Average required hydrant spacing _ feet, hydrant size _
inches, and residual fire flow _ gpm. Submit plans to the Fire Department for review and approval
prior to construction of facilities.
6. In lieu of hydrant installation, payment may be made into the hydrant fund at a cost of $1.72
per lineal foot of street frontage. The estimated fee amount is $
7. Prior to recordation of the Map or application for a building permit, the applicant shall pay the then
current fee for the West Chico Fire Station Fund.
Provide an all weather access of at least 10 foot wide and with a vertical clearance of 15 feet that will
accommodate a 40,000 pound fire apparatus to all structures.
•
APPLICANT:Larry Ruby
AGENT:
FILE #: UP 00-01
•
DATE: August 11, 1999
APN: 007-160-014
PLANNER:
PROJECT DESCRIPTION: Use Permit to allow a 1400 sq. ft. expansion of an existing
commercial building as a non -conforming use
Those items checked are conditions of approval.
PLEASE CONTACT THE BUILDING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED
CONDITIONS
H. BUILDING PERMITS
Prior to building permit issuance for a new residential dwelling unit(s), the applicant shall pay all
applicable development fees at the rate in effect at the time of acceptance of the application. Such
fees, shall include, but not be limited to: Park Fee, School Fee, Drainage Fee, Permit and Plan
Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees.
2. Prior to building permit issuance for a new commercial or industrial development, or addition to an
existing development, the applicant shall pay all applicable development fees at the rate in effect at
the time of acceptance of the application. Such fees shall include, but not be limited to: School Fee,
Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection
Fees.
I. EXISTING STRUCTURES
_ 1. Comply with the Uniform Building Code for property line clearances considering use, area and fire -
resistiveness of existing buildings.
2. Existing building(s) shall be made to comply with current Building and Zoning regulations for the
intended new use of the building(s) or the existing building(s) shall be demolished.
•
APPLICANT: Larry Ruby
AGENT:
FILE #: UP 00-01
DATE: August 11, 1999
ATN: 007-160-014
PLANNER:
•
PROJECT DESCRIPTION: Use Permit to allow a 1400 sq. ft. expansion of an existing
commercial building as a non -conforming use
Those items checked are conditions of approval.
PLEASE CONTACT THE PLANNING DIVISION FOR COMPLIANCE WITH THE
FOLLOWING CHECKED CONDITIONS
J. SITE DEVELOPMENT
1. The project site shall be developed in accordance with the approved project site plan and the
conditions contained herein. Said site plan is on file in the Planning Division, is identified as
"Exhibit B" and dated 19_ and is incorporated herein by this reference.
2. Prior to the issuance of building permits, the plans, incorporating all applicable conditions of approval
shall be submitted to the Planning Division to verify compliance with said conditions of approval.
3. Trash receptacle areas shall be enclosed by a 6 foot high solid masonry wall with view obstructing
gates and a solid or semi -open shade cover. Plans to be reviewed and approved by the Planning
Division prior to construction.
4. Prior to any use of the project site or business activity being commenced thereon, pursuant to this
permit, conditions of approval contained herein shall be completed to the satisfaction
of the Planning Division.
5. All electrical and mechanical equipment, including but not limited to air conditioning units, electrical
boxes, transformers, and backflow preventers, shall be screened from public view. Screening shall
be to the satisfaction of the Planning Division and in compliance with the Building Division.
K. LANDSCAPING
1. A detailed landscape and irrigation plan consistent with the project site plan shall be submitted to and
approved by the Planning Division prior to the issuance of building permits.
2. A plan of the existing on-site mature trees, located in any area proposed for buildings and vehicular
access, shall be provided to and approved by the Planning Division prior to the issuance of building
permits and/or prior to grading or vegetation removal. The applicant shall minimize the removal of
mature trees, where possible. A mature tree shall be defined as a tree with a trunk measuring 4 inches
in diameter, 4 feet from ground level.
Mature trees removed shall be replaced by planting replacement trees of equal number and not less
than _ gallon size.
3. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash,
and debris, during the term of this permit.
4. All graded slopes, over 5 feet in height, or on slopes greater than _%, shall be seeded, planted,
mulched or hydroseeded or otherwise protected to prevent erosion. A permanent irrigation system
shall be installed for non-native vegetation. A one year Faithful Performance bond shall be posted
to guarantee installation and established growth.
5. In parking lots of commercial and industrial development, trees of not less than 15 gallon size shall
be provided to reduce heat gain from the paved surface and to soften the visual impact of the paved
area. Such trees shall be planted at a minimum density of one tree every three parking spaces. Tree
species shall be approved by the Planning Division prior to planting.
6. Prior to the commencement of grading and/or construction activity, all individual or groups of oak
trees which are to be retained as part of the project, shall be fully protected through the use of root
protection zones (RPZ). During construction, RPZs shall be established using protective fencing
enclosing an area with a radius 1.5 times the distance from the trunk to the dripline. Within this
protective buffer, no grading, trenching, fill, or vegetation alteration of any kind shall be allowed.
The RPZs shall be maintained after the completion of construction in order to continue to protect the
oak trees, but the fencing shall be removed.
L. GRADING
1. During construction, should any archaeological artifacts be discovered, the Planning Division shall
be notified immediately, and all work shall cease until a qualified archaeologist has examined the
artifacts and the site and submitted his or her findings to the Planning Division, and recommended
clearance to continue. Recommencement of construction shall be upon the approval of the Planning
Division. Archaeological artifacts are defined as follows:
2. Prior to any clearing, grading and/or construction in a Federal or State identified 100 year floodplain
and/or streambed the following entitlements must be obtained: a California Fish and Game 1604
Streambed Alteration permit and an Army Corps 404 permit or exemption certificate.
M. ADDITIONAL APPROVALS
1. Prior to the issuance of building .permits payment of the North Oroville/Thermalito Traffic Impact
Fees shall be made.
2. Prior to the issuance of a building permit for each new or additional living unit the applicant shall
execute the Oroville Area Traffic Mitigation Fee Agreement and pay the established fee.
3. Prior to the issuance of the Use Permit, to insure the maintenance and continuance of the orchard or
other agricultural use of the property, the property owner shall enter into the County approved
Orchard Management Agreement. The agreement shall terminate
in 10 years or upon a rezoning of the parcel/lot to a zone other than A-5 through A-160. The
agreement shall be recorded and recording fees paid by the applicant.
4. Approval of this request shall not waive compliance with all sections of the Zoning Ordinance and
all other applicable State and County laws and regulations in effect at the time of building permit
application.
5. This Conditional Use Permit is granted for a period of month(s) at the end of which time it
shall expire (unless the approving authority has held a hearing thereon and granted an extension. In
connection with such an extension the approving authority may add, change, or delete conditions.
6. Approval of this Conditional Use Permit shall become null and void if the use for which it has been
granted is not established within two calendar year from the date of approval. No formal cancellation
or revocation action by the County will be necessary.
The developer shall display a current County Zoning and County Land Use Map in the sales office
at all times, and/or suitable alternatives.
Approval of this application does not become effective unless, prior to 4:00 p.m. on
_, 199_, the applicant shall sign and file with the Department of Development Services an Indemnity
Agreement in a form satisfactory to the County Counsel.
—9. Prior to the issuance of a building permit or prior to the issuance of a Use Permit for a Mobile Home
Park the Sheriff Facilities Impact Fee shall be paid, pursuant to the provisions of Chapter 3, Article
II of the Butte County Code. The fee amount shall be determined and calculated as of the date of
application for building permit.
10. Prior to the issuance of the Use Permit the applicant or property owner shall sign and record the CSA
87 Traffic and Drainage Mitigation Agreement or pay the required fees prior to the issuance of the
Use Permit.
11. Prior to the issuance of the Use Permit, the applicant shall contact the Butte County Tax Collector's
Office to begin the process of a Transient Occupancy Registration Certificate. A Transient
Occupancy Registration Certificate shall be required within ten (10) days after commencing business
for a motel, hotel, inn, tourist home, bed and breakfast, rooming house, apartment house, mobile
home park, recreational vehicle park, campground, or parking area (See Chapter 23A).
12. Prior to the issuance of the Use Permit, the applicant shall pay all outstanding County fees.
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REVI SED: /0- 93
COUNTY OF BUTTE
DEPARTMENT OF DEVELOPMENT SERVICES
PLANNING DIVISION
7 County Drive
Oroville, CA 95965-3397
RETURN SERVICE REQUESTED
REC
NAV � g 1999
BUT Il' 0ijj4Ty 14
-p-LAN14114G DIVIS10
Claude Whelchel, Maint. Service
Sheraton Property Management
S46 —Hic"—
Chico, SHER546 TO SENDER95928a170-�I'A99 44 11/15/99
RETURN
:SHERATON REAL ESTATE
1170 E LASSEN AVE
CHICO CA 95973---081—J
111.411 lilt 11.11111 It if-lill fill, filliblif )m lilt I Ill 111111 Ill
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COUNTY OF BUTTE 0 V
OFFICE OF PLANNING DEPARTMENT rZ
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7 COUNTY CENTER DRIVE O OCT 11919 9 0.3 02
OROVILLE, CALIFORNIA 95965-3397
7206411 L.J. POOTAGE •
RETURN SERVICE REQUESTED
PUBLIC- = _ _ _
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HEARINGDOUGI 11----'I:RTY JAI%11--,,3 R
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DOUG170 959732163 1999 15 10/22/99
RETURN TO SENDER
NOTICE DOUGHERTY
2990 STATE HIGHWAY 32 STE 300
CHICO CA 95973-8649
COUNTY OF BUTTE
DEPARTMENT OF DEVELOPMENT SERVICES
PLANNING DIVISION
7 County Drive
Oroville, CA 95965-3397
RETURN SERVICE REQUESTED
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DATE �.
*rt _.,....... VARIANCE
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4 _ APPROVED
DATE Devetap�me t' plan
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USE PERMIT
...... VARIANCE
MINOR U.P„......ADM.PERMIt....,,.,,,
• .;; MANNING COMMISS. MISS.
DIRECTOR OF
DEVELOPMENT SERVICES
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LAND OF NATURAL, WEALTH AND BEAUTY.
: PLANNING DIVISION
DEPARTMENT OF DEVELOPMENT SERVICES
7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397
May 20 1999 TELEPHONE: (530) 538-7601
y FAX: (530) 538-7785
Claude Whelchel
Maintenance Services
Sheraton Property Management
546 Hickory Street
Chico, CA 95928
` Re: Established Use of 1170 E. Lassen Avenue, APN 007-160-014.
• G, Dear Mr. Whelchel:
i.;
This letter is in response to your inquiry of May 19, 1999 requesting a review of the established uses
on APN 007-160-014. As you indicated in your letter, the building and property were used as office
space, retail sales, a service department and a vehicle storage building. These uses were permitted
by the County at the time of their creation and may continue to operate at their current level and
scope.
The property is presently zoned R-3 (Residential) which makes the existing uses as described above,
non -conforming. Sheraton Property Management may utilize the parcel for similar purposes, but
any alteration or expansion of the existing uses as defined in Butte County Code Section 24-35 will
require a the property owner to obtain a usepermit.
Please be advised that their shall be no storage of landscaping materials (soil, plants, mulch, rock,,
etc..) on the site and all outdoor storage of equipment shall be effectively screened from view.
Vehicle parking is permitted without screening.
ti
If you have any questions concerning this letter or the future use of the property please contact the
Planning Division at 538-7601 between the hours of 8:00 a.m. and 4:00 p.m., Monday through
Friday.
Sincerely,
Stephen Lucas
Planner
I ,
_ - LAND CF NArUR.AI '.'.`EA: I T I I AND BF,AUTY
DEPARTMENT OF PUBLIC, HEALTH
DIVISION OF ENVIRONMENTAL. HEALTH
%lddna � 1469 Humboldt Road � 7 County Center Drive � 747.7 ElliottReply to: Road
Chico, California 95928 Orovilla, California 95965 Pmradise j California 9596!:
Telephone: (916) 891-2727 Telephone: (916) 538-7281 Telephone: (916) 872-6308
Fax: (916) 538-2140
February 10, 1993
Holiday Pools
Jim Doherty
1170 E. Lassen Av.
Chico, CA 95926
RE: Underground Fuel Storage Tank Closure
1170 E. Lassen Av., Chico, CA
This department has reviewed the underground -storage tank closure
at the site mentioned above. Based on information sulbmitted, no
further assessment or remediation of the former underground storage
tank site will be required at this time.
Nothing in this determination shall constitute or be construed as
a satisfaction or release from liability for any con.ditxons or
claims arising as a result of past, current, Or future operations
at this site. Nothing in this determination is intendied or shall
be construed to limit the rights of any parties with respect to
claims arising out of or relating to deposit or dispersal p at any
other location of substances removed from the site. Nothing in
this determination is .intended or shall be construed to l'mit or
preclude the County or any agency from taking any
urther
enforcement actions. This letter does not relieve you r your
client of any responsibilities mandated under the Calif ornialHealth
and safety Code and California Water Code if existing, addi�i.onal,
or previously unidentified contamination at the site ca aes or
threatens to cause pollution or nuisance or is found to pose ,a
threat to public health. Changes in the present or publac land use
may require further assessment and mitigation.
CM Q6
A CLEAN INDOOR AIR ENVIRONMENT FOR A HEALTHIER TOMORROW
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