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HomeMy WebLinkAboutUP 00-04FILE #: :i'PLICANT:_ Fay Engelage OWNER: ADDRESS REPRESENTATIVE: ADDRESS PROJECT DESCRIPTION PROJECT SUMMARY SHEET-'. TYPE: Use Permit PROPERTY ZONED: Agricultural Residential 2.5 LOCATED: 60 Morningsong Lane in Oroville AP#: 072-460-030 TOWN/AREA: nroville GENERAL PLAN DESIGNATION: Agricultural Residential 1. Application complete: y 9/17/99 Amount: $ 1,064.00 Receipt #:_17878 2. Comments sent to: Env. Health, Public Works, CDF, LAFCo, Dept. of Dev, Sery., Assessor, APCD, ' IT, Control, Building, Ag, Commission. & QWTD "All 3. Comments received from: 4. Rezone Petition Signatures Checked: IA 5. Mailing List/Lead-in Sheet: 6. Assigned To: Stephen Betts 7. Environmental Determination: State Clearinghouse No: 8. Staff Report: 9. 10 11 12 13 14 15 16 17 18 19 Subject to Fish & Game: No Clearinghouse circulation required: Yes Publication Notice Written; Categorical Exemption-CEQA# Negative Declaration Mitigation Negative Declaration Environmental Impact Report Gen. Rule Ex. -CEQA # 15061.(bx3) Other Project Video: yaS //- /( - 9 �, No _X_ Date Sent to SCH: Display Ad Prepared: Notices Mailed: l� /lo — q Number of Notices: C J Newspaper Publication Date: C P G B Planning Commission Hearing(s):- Action taken: Special Conditions: Commission Resolution No Board of Supervisors' Hearing(s): Action taken: Board Resolution No.: Type Use Permit/Send for signature: N.O.E. / N.O.D. / APPENDIX G: Send validated Use Permit: Assessor's Memo: Ordinance No: Fish & Game Fees Paid: Yes No Copy of Use Permit / Variance to Planning Technician: Adopted: 0 Fay Engelage, proposed Negative Declaration with mitigation measures regarding environmental impacts and Use Permit to allow nine dogs as personal pets on a 4 acre parcel zoned AR -2.5 (Agricultural Residential - 2.5 acre parcels). The property is located at 60 Morningsong Lane, Oroville. APN 072-460-030. (SB) (File #UP 00-04) Mr. Betts gave a brief summary of the project. A video of the site was shown. Mr. Betts noted that a petition, a letter, and a log with a record of the dogs barking was submitted in opposition to this project. Commissioner Nelson said this hearing is before us because the applicant was cited for having too many dogs. Mr. Betts said that is correct. He said the applicant has agreed to not replace any animals that pass away. Commissioner Cage said the Commission might want to review this permit in a year. Chairman Leland asked what standards would be used to require these measures. He asked about continued review of the permit by staff. Mr. Betts said this would be done based on complaints. Commissioner Nelson asked about periodic visits from Environmental Health. Mr. Betts said that would be taken care of because the applicant would require a kennel permit. Commissioner Nelson noted that there is a five (5) dog limit in the code for a reason. Commissioner Lambert asked if this parcel could.be divided? Mr. Betts said no, that it would take 5 acres to split the property and this parcel is only 4.19.acres. Commissioner Mooney asked staff to have Animal Control attend this meeting for kennels, whenever possible. The hearing was opened to the public. Ken Baker, attorney representing the applicant, said the applicant is willing to live with the conditions. He said the applicant is on a limited income and it would be a hardship if she had to put in a solid wood fence. He said they are asking that Condition Number 4 be changed. He said there is no objection to a time limit being placed on this permit. He said the applicant is willing to get anti -bark collars. Chairman Leland asked Mr. Baker about Condition 4 to relocate the dogs. Mr. Baker said where the dogs are now there are trees for shade. He said the other side of the property does not have the trees. He said the expense of new fencing would be a burden. Dave Hudec said the dogs start barking at 4:30 a.m. He said the dogs bark constantly when Fay is not home. He said this is an ongoing issue. He said they need the anti -bark collars now. Tonia Woodcock said the dogs bark constantly when they are left alone. She said it was extremely irritating. 0 BUTTE COUNTY PLANNING COMMISSION 0 MINUTES 0 DECEMBER 9, 1999 ■ 1 The hearing was closed. ' Chairman Leland said people move to the country to have animals and also to have peace and quite. Commissioner Mooney agreed they should require anti -bark collars and have the applicant clean up the mess from the dogs. Chairman Leland briefly discussed a noise ordinance for barking. Mr. Baker said it is addressed in County Code Section 4-1.2 b. Commissioner Cage questioned giving away 4 of the dogs so a kennel was not needed. Mr. Baker said most of the animals are strays that were hurt when Ms. Engelage adopted them. He said it is a good idea to have the kennel permit to condition the disposal of the dogs waste. Commissioner Cage said if this permit is approved it would need to be reviewed every year. Commissioner Mooney said he would like to see the anti -bark collars required and a review once a year. He said they should delete Conditions 4 and 5. He said he would like "If complaints about excess barking are received by the County" deleted from the second sentence in Condition 6. Commissioner Lambert asked if this was an appropriate area for a kennel. She was concerned because a Use Permit runs with the land and not with the owner. She asked about putting a sunset date on this permit. Chairman Leland said he leans towards allowing this if the permit is properly conditioned. Commissioner Nelson said they can put any conditions on this they feel are necessary. Mr. Wilson said there are provisions to revoke the permit if the use has ceased for 12 months or longer. He said they can limit the permit to a time certain. Commissioner Mooney discussed the property changing hands and the new owner being obligated to meet the conditions of this Use Permit. Commissioner Nelson said he would like to see this be a five year permit. He said if the barking stops there should not be a problem and he does not want to see this come back to the Commission. Chairman Leland said he would like to see Condition 6 tied into Code Section 4-1.2 b. Commissioner Cage said the anti -bark collars should be stated as a requirement. It was moved by Commissioner Mooney, seconded by Commissioner Lambert, and unanimously carried to approve the Use Permit (UP 00-04) for Fay Engelage, subject to the findings and conditions listed below, deleting Conditions 4 and 5, changing Condition 6 to delete "If complaints about excess barking are received by the County" at the beginning of the second sentence. Change "being identified as necessary" in the last sentence of Condition 6 to "approval." In Condition 6 delete "not create noises that are a nuisance to residents on the surrounding properties" in the first sentence and add "be consistent with the noise prohibitions of Butte County Code Section 4-1.2(e)." Add new Condition 7 to read as follows: "This Use ■ BUTTE COUNTY PLANNING COMMISSION 0 MINUTES 0 DECEMBER 9, 1999 ■ Permit is valid for a period of five (5) years from the date of approval by the Planning Commission. The Use Permit may be extended beyond this time only by reapplication for a new Use Permit and approval by the Planning Commission." Renumber the conditions after deleting 4 & 5. - 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 has independently reviewed, analyzed and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, and the Negative Declaration reflects the independent judgement of Butte County. II. The design of the proposed project improvements will 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 00-04 for Fay Engelage, subject to the conditions found in Exhibit "A" and subject to the following findings: A. The proposed use of the property will not impair the'integrity and character of the zone in which the land lies, and that the use would not be unreasonably incompatible with, or injurious to, surrounding property, or detrimental to the health, safety and general welfare of the persons residing or working in the neighborhood, or to the general health, welfare and safety of the County because: 1. The dogs kept at the proposed kennel are the personal pets of the applicant. 2. Conditions of the project prohibit the boarding and training of dogs not owned by the applicant, and prohibit the breeding of dogs for sale. 3. The proposed dog kennel will not cause an increase in vehicle traffic. 4. Conditions of the project require daily pickup and disposal of all dog wastes in the existing septic system through a special waste disposal basin. 5. A condition of the project requires the dogs to be kept secured 24 hours a day unless under the verbal or leashed control of the kennel operator. 6. The existing dog yards will be moved away from Morningsong Lane, which will help reduce the amount of barking. B. The project is consistent with the Agricultural -Residential 2.5 zone which allows a dog kennel with a Use Permit, and is consistent with General Plan land use designation which allows intense animal uses as a Secondary Use. . Conditions of Approval: ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES 0 DECEMBER 9, 1999 0 1. All dogs on the property shall be the personal pets of the kennel operator. 2. No more than nine (9) dogs, four (4) month of age or older, shall be kept on the property. Boarding of dogs not owned by the kennel operator shall not be allowed. Breeding of dogs for sale shall not be allowed. 4. The kennel operation shall be consistent with the noise prohibitions of Butte County Code Section 4-1.2(e). Noise mitigation measures shall be implemented that may include the installation of sound walls, installation of a noise -activated sprinkler system, the use of anti -bark collars, or other methods approved by the Department of Development Services. Any necessary noise mitigation measures shall be installed within one month of the date of approval of the Use Permit.((`(�m, 5. All dogs shall be kept secured 24 hours a day unless under the verbal or leashed \\control of the kennel operator. 6. Applicant must also comply with all other applicable State and local statutes, ordinances and regulations. 7. This Use Permit is valid for a period of five (5) years from the date of approval by the Planning Commission. The Use Permit may be extended beyond this time only by reapplication for a new Use Permit and approval by the Planning Commission. 8. Within three (3) months of approval of the Use Permit, and prior to issuance of the Use Permit, a waste disposal basin to handle solid waste from the dogs shall be installed on the property under permit from the Building Division. The waste disposal basin shall be substantially similar to the disposal basin as designed by the Environmental Health Division (drawing dated October 4, 1999) and attached to this document. A four -inch pipe, extending to the existing septic tank inlet, shall be connected to the basin drain. A self closing lid shall be installed on the basin drain. Waste placed into the disposal basin shall be flushed into the septic tank by water. A garden hose or a bucket of water may be used for this purpose. The waste basin, lid, and' pipe shall be maintained in good working order. The waste disposal basin shall be located so as to allow for gravity feeding into the septic tank. A plan showing the location of the waste disposal basin shall be submitted to and approved by the Planning Division and the Environmental Health Division prior to issuance of the required permit from the Building Division. (Mitigation Measure) 9. All dog feces shall be picked up at least once per day and disposed of in the waste disposal basin. Burying of dog feces shall not be allowed. (Mitigation Measure) 10. Prior to issuance of the Use Permit, obtain a kennel permit from the Butte County Animal Control Office. Mr. Wilson said there is a 10 day appeal period to the Board of Supervisors. 0 BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ DECEMBER 9, 1999 ■ DEPARTMENT OF DEVELOPMENT SERVICES BUTTE COUNTY UNIFORM APPLICATION APPLICANT: Agent information to be Drovided is on other side: APPLICANT'S NAME ( If applicant is different from owner an affidavit is required) ASSESSOR'S PARCEL NUMBER: SAME 077 - A?A ADDRESS: CITY, STATE & ZIP CODE NAME OF PROPOSED PROJECT (If any) I TELEPHONE LOCATION OF PROJECT ( Major cross streets and Address, if any ) •�l GENERAL INFORMATION REQUIRED OWNER'S NAME TELEPHONE ADDRESS: CITY, STATE & Zip CODE GCI M02/vm&G 'ONG 0V 0ROV/1-[.L ZONE _ ENERAL PLAN MaSTING LAND USE AR.5 1 AR SFD E XISTLNG STRUCTURES (in Square Feet) /Soo 0� Mw (Chert One) E3,PROPERTY IS OR PROPOSED TO BE SEWERED PROPERTY IS OR PROPOSED TO BE ON. SEPTIC Cst 9 S 9 SITE SIZE (m Square Fat at Acres) � .4G,ecS PROPOSED STRUCTURES (in Square Feet) NONE (Chert One) ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER PROPERTY IS OR PROPOSED TO BE ON WELL WATER APPLICATION REQUESTED ❑ GENERAL PLAN AMENDMENT ❑ REZONE USE PERMIT • GI '.•- �J'Et�t�ri i �j�rl%3�� ❑ MINOR USE PERMIT S 1 ( 7 TJO ❑ VARIANCE C3MINOR VARIANCE ®;'O JGs r,1's1 ❑ ADMINISTRATIVE PERMIT ❑ DEVELOPMENT AGREEMENT ❑ TENTATIVE SUBDIVISION MAP ❑ TENTATIVE PARCEL MAP ❑ WAIVER OF PARCEL MAP ❑ BOUNDARY LINE MODIFICATION ❑ LEGAL LOT DETERMINATION ❑ CERTIFICATE OF MERGER ❑ MINING AND RECLAMATION PLAN ❑ OTHER PROJECT DESCRIPTION FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. If this application is for a land division, describe the number and size of parcels.) A P M/ -ro 4uf>LwL Qocs, D 1-14W N R 16 Yoff. A116NT e&e ictcdan //y Y4190 )L 17hr S Nof A�v b4 N . s' •/1Z M OWNER CERTIFICATION I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER. I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND ACCURATE (If an 2ent is to he authorized, execute an affidavit of authorization and in de the affidavit wi application.) DATE: q q SIGNATURE: AGENT AUTHORIZATION . To Butte County, Department of Development Services; Print Name of Agent and Phone Number t e ..i Mailing Address is hereby authorized to process this applicatio for: on my property, idcntificd as Buttc County Asscssor Parcel Numbcr: This Authorization allows representation for all applications, hearings, appeals, etc. and to sign all _ documents necessary for said processing, 'but not including docurnent(s) relating to title interest. Owner(s) of Record: (sign and print name) Mutt Name Print Name Signature Signature - Architect and/or Engineer: Print Name of An hited/Engineer and Phone Number Mailing Address Current fee for this application is $ • as of Make check payable to `Butte 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 S Date Received: �� Total Amount Received: 106, .� ` Receipt No. Planning E.H. Land Dk. Fire Dept. _ AP Numbers) _ Legal Description Owners Authorization _ Zoning Requirements _ Project Description — Copies of Plot, Plan • 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. 2. Address of Oroject 40 Assessors Parcel Number: 3. Name, address, and telephone number of person to be contacted concerning this project: 4. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: 5. Existing general plan designation: .v +. _ A . s n A _ r_y,. _ . t 6. Existing zoning dis ft 7. How is land currently used? 8. 46rgposed use,of Ali (Project for which this form Is flied): Project Description: 9. Site size: 17 at Cite (Acres/Sq. Feet) 10. Off-street parking spaceZNO s: Full size: /v /� Compact: Total: 11. Plans attached Yes _ 12. Proposed development schedu 13. Associated projects '71 t"e- 14. Anticipated incremental or phased development Al 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. � goo- W. SEN 1 ) a 0 Butte County Department of Development Services 0 Planning Division 0 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 cieary why the application Is erequired. It permits have already been Issued, please attach as Exhort 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 existing features of any hills, buttes, canyons or substantial alteration of ground contours. _ 21. Change in scenic. views or vistas from existing residential lands areas or public or roads. _ 22. Change in pattern or character of general area of project. 23. Significant amounts of solid waste or fitter. _ 24. Change in dust, ash, smoke, fumes or odors in vicinity. _ 25. Change in bay, lake, river, stream or ground water quality drainage y, or quantity, or alteration of existing patterns. _ _1 26. Substantial change in existing 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 toxic substances, flammable or explosives. — 29. Substantial change in demand for municipal services (police, fire, water, sewage, etc. including special districts). _ 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. _ 4 �I 1 ,•� gyp-- ❑ Butte County Department of Development Services ❑ Planning Division 0 Environmental Setting: (Attach brief description) 32. Describe the project sibs 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 6o�; off the site. Snapshots or Polaroid photos will be accepted. 33. Describe the su unding-rt�s, incl . s onij on plants and animals and any cultural, historical, or scenic aspects. hxiic O 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 fumished above and in the attached exhibits present the data and information required for this indial evaluation to the best of my abiltty, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date Signature for K:\FORMS\SUBMITTAL\EW4NFO 0 Butte County Department of Development Services 0 Planning Division 0 1. i �f P% I L-I.A) - 1 ST AQ P 0`-� 2- y b D -- 03 0 UP 00 - 0 (3?2- 4C-) ., O'S e �p0 t Lv, -Z 2 p y so +.F 2) O — ic)2 2 O2 -aU-Ecb H (3 es - - - ---- - - --- -- ©�5 �----- ___I� Woo _ 2% N 6 L-L-) N Prs N-. �OY72- D-33 0(4 cs— pN - OS -2- `�- �- � ��� .` ._ � ,• � Il1l �!. f �I i i� 4 � � � ��� _�.. � - � 'y * I� i f r �1 i ��� ��� .` ._ � ,• A: '- 1 - i� _�.. ,_ - _ - � _ -�;� -_ ��� .` ._ � ,• A: '- 1 Lo 072 460 030 S%ss% 0 STATUS, r; ENGELAGE FAY S 60 MORNINGSONG LN OROVILLE CA 95966 J L: 072 1 1 1 001 Sff% 0 STATUS: A MOORE RHEA JOY SS 1 goe MT IDA RD OROVILLE CA 95966 J L: 072 1 1 1 005 s%fS% 0 STATUS : A f i MILLER PETER & LOIS TRUST ¢ MILLER PETE; r LOIS TRUSTEES _ 22 DADOMA LANE "t efts OROVILLE CA 95966t�� OR b STATUS : A f_ LURA RICHARD W & TERU `L 42 LITTLECROFT LN -� ` OROVILLE CA 95966 ` L: 072 1 1 1 045 f%fS% 6 STATUS: A ` MARTIN FAMILY TRUST" A `c MARTIN DAVID G per: MOUTON PATRICIA 74 DADOMA LN f f OROVILLE CA 95966 L: 02 1 1 1 050 f%fs% 0 STATUS: A i LEONG THOMAS ETAL 1710 W LONGVIEW . ST"OCk::TON CA 95207 � Li s%s 72 210 022 SdS% 0 STATUS: A WOODCOCK ROBERT D & TANIA � 90 MORN I NGSONG LANE . � i`'fi n. f '. 7 ";°5 y;• � (t�"r OROVILLE 95966 �� ,SE�..fwrq"Rr;,.Irs4,*.i Vii:' 'J CA O +.: - .moi ..�.-"""-"... ..____—'___-".-____..– _._. `4 b•� NYS-� �.%7� �~ r ry L : 072 210 023 f%ff% 0 STATUS: A HUDEC DAVID P FAMILY TRUST HUDEC DAVID PETER TRUSTEE 93 MORNING SONG LANE OROVILLE CA 95966 't• I L: 072 210 024 f%ss% 0 STATUS: A HOMESLEY JOSEPH A i I 241 RIM CANYON PKWY OROVILLE CA 95966 Lo 072 210 025 000 STATUS: A SALERNO LUIS A & MARGARET G JT 81 JOHN MARDON LANE OROVILLE CA 95966 L: 072 210 027 000 0 STATUS : A HOL.LINGSHEAD MARGARET LANETTE 110 JOHN MARDON LANE OROVILLE CA 95966 Ls 072 210 028 S%sS% 0 STATUS: A MEYER DAWN L LIVING TRUST MEYER DAWN L TRUSTEE 95 JOHN MARDON LN OROVILLE CA 95966 Lt 072 460 029 s%SP_ 0 STATUS: A MARDON JACQUELINE J P 0 BOX 292 OROVILLE CA 95965 C. Li 072 460 031 GSS% 0 STATUS : A r REGAN THOMAS P P.O. BOX 28 SO LAKE TAHOE CA 96156 L: 072 460 032 000 STATUS: A HUNZIKER J H & BETTIE E FAMILY T HUNZIKER J H & BETTIE E TRUSTEES 91 FEATHERVALE OROVILLE CA 95965 L: 072 460 033 000 STATUS: A DUDYNSKI JOZEF AND KAZIMIERA 1170 ELMA ST OROVILLE CA 95965 L : 072 460 048 000 STATUS: A RICHARDSON CAREY & KATHERINE JT 55 JOHN MARDON LANE OROVILLE CA 95966 L: 072 460 052 S%fS% 0 STATUS: A BLOSS DON L ETAL TC ANGLEN MEI_ 1611 VEATCH.ST OROVILLE CA 95965 L: 072 460 053 S%SS% 0 STATUS: A JONES ALONZO W III JONES RUTH L (LE) 5736 OLD OLIVE HWY OROVILLE CA 95966 • s� 2 4bssi s%S54 _szsJO f,\I \/S\TATK3: A 1 PAV1WV OFOV I L`` _ y"� CF -1 9,N. 66- 421 L: 072 1 1 1 054 S%ss% 0 STATUS : A ' VANOVERSCHELDE GARY & JACQUELINE 85 CANAL DR OROVILLE CA 95966-1151 L; 072 1 1 1 055 S% 0fif STATUS: A MARCH.SUSAN E 5743 OLD OLIVE HWY OROVILLE CA 95966 Lt 072 460 034 S%S(% 6 STATUS: A i COLLIER FAMILY TRUST COLLIER DON C TRUSTEE 17780 MC K: I NNON DR ?° SARATOGA CA 95070 4 a \'"---•-.++--+.-.-+-..,.. I fi t yY t S 'V S. -z' A,* -• -.•-"-•-'^---••--t-"--�---'mss• __----- ^R- - • .a,. .-, ` [ •v?[b.t 'Y r lflG �.yti. L : 072 460 044-000 STATUS : A MARDON JACQUELINE •J P 0 BOX 292 OROVILLE CA 95965 L : 072 460 046 S%ss% 0 STATUS: A R I KER HERBERT J & ETHEL IW 5861 OLD OLIVE HWY OROVILLE CA 95966 Li 072 460 047 S%fs% 0 STATUS: A ELLIOTT GRANT M JR & DOTTIE JO 3225 FOOTHILL_ BLVD OROVILLE CA 95966 0 Page 1 of 1 Betts, Steve From: Betts, Steve Sent: Thursday, May 27, 2004 11:00 AM To: Castillo, Wendy Subject: Use Permit for Fay Engelage (File # UP 00-04), APN 072-460-030, 60 Morningsong Lane, Oroville Wendy, Fay Engelage's sister came into the office this morning and spoke to me about the dog kennel on their property. One of your people told them recently that their Use Permit for the dog kennel had been revoked. Her Use Permit is still valid, so I don't know why she was told this. I was told by Fay's sister that they have ten dogs on the property. I hold her that they are in violation of the Use Permit because they have more than nine dogs, but this does not make the Use Permit automatically revoked — only the Planning Commission can revoke a Use Permit. I hold her that they need to remove one dog from the parcel to be in compliance with the Use Permit. Let me know what is going on so I can get back to Ms. Engelage or her sister. Thanks. Steve Stephen Betts Senior Planner Butte County Planning Division 7 County Center Drive, Oroville, CA 95965 Desk - (530) 538-7153 Fax — (530) 538-7785 5/27/2004 - �:�,� _. tie 160unN L A N D O F N A T U R A L W E A L T 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 February 5, 2002 Fay S. Engelage 60 Morningsong Lane Oroville, CA 95966 CERTIFIED MAIL Re: Use Permit 00-04, AP 072-460-030 Dear Ms. Engelage: Enclosed is your validated Use Permit No. 00-04 to allow a dog kennel for no more than nine personal pets on property located at 60 Morningsong Lane, Oroville. Should you have any questions regarding this matter, please contact this office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, U.S. Postal Diane Lewellen Office Assistant III Enc. cc: Land Development Division Building Division Environmental Health Department of Forestry 0 ti 0 f ru Postage- $ Iq ccl Certified Fee f' Postmark y - Return Receipt Fee i Here a (Endorsement Required) - C3 Restricted Delivery Fee- r M (Endorsement Required) C3 -t , 0' .S ---=. Fay S. Engelage=----------- fTstre Q-, 60 Morningson Lane k _ c'" Oroville, CA 95966 USE PERMIT BUTTE COUNTY PLANNING COMMISSION in ' 15 201. DATE: (Certified Mail Rec.) �Il ZIDIIIL' 072-460-030 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Fay Engelage is hereby granted a Use Permit in accordance with application filed: Use Permit for a dog kennel for no more than nine personal pets. 1. 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. 3. 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 pen -nit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. 5. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. Conditions of Approval: 1. All dogs on the property shall be the personal pets of the kennel operator. 2. No more than nine (9) dogs, four (4) month of age or older, shall be kept on the property. ... 0 0 3. Boarding of dogs not owned by the kennel operator shall not be allowed. Breeding of dogs for sale shall not be allowed. 4. The kennel operation shall be consistent with the noise prohibitions of Butte County Code Section 4-1.2(e). Noise mitigation measures shall be implemented that may include the installation of sound walls, installation of a noise -activated sprinkler system, the use of anti - bark collars, or other methods approved by the Department of Development Services. Any necessary noise mitigation measures shall be installed within one month of the date of approval of the Use Permit. 5. All dogs shall be kept secured 24 hours a day unless under the verbal or leashed control of the kennel operator. 6. Applicant must also comply with all other applicable State and local statutes, ordinances and regulations. 7. This Use Permit is valid for a period of five (5) years from the date of approval by the Planning Commission. The Use Permit may be extended beyond this time' only by reapplication for a new Use Permit and approval by the Planning Commission. 8. Within three (3) months of approval of the Use Permit, and prior to issuance of the Use Permit, a waste disposal basin to handle solid waste from the dogs shall be installed on the property under permit from the Building Division. The waste disposal basin shall be substantially similar to the disposal basin as designed by the Environmental Health Division (drawing dated October 4, 1999) and attached to this document. A four -inch pipe, extending to the existing septic tank inlet, shall be connected to the basin drain. A self closing lid shall be installed on the basin drain. Waste placed into the disposal basin shall be flushed into the septic tank by water. A garden hose or a bucket of water may be used for this purpose. The waste basin, lid, and pipe shall be maintained in good working order. The waste disposal basin shall be located so as to allow for gravity feeding into the septic tank. A plan showing the location of the waste disposal basin shall be submitted to and approved by the Planning Division, and the Enviromnental Health Division prior to issuance of the required permit from the Building Division. (Mitigation Measure) 9. All dog feces shall be picked up at least once per day and disposed of in the waste disposal basin. Burying of dog feces shall not be allowed. (Mitigation Measure) 10. Prior to issuance of the Use Permit, obtain a kennel permit from the Butte County Animal Control Office. 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: l' Applicard NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Butte County Planning Commission Chairman CC: Land Development Division Building Division Health Department Butte County Fire Deparhment/CDF Animal Control �0 0ILI %�N�N�so a6 � 0, L (A Z-5 octet ra-(tl. 0 o ,so p U)60D FExj6F- — - -- �I qty -• roc kA Ra N C] C7 N E «yQo2 APPROVED \� 'De-elop ent Plan DATE — USE PERMIT MANCE � • MINOR U ADM.PERMIT..;�. PLANNING COMMISS. yEI DIRECTOR OF DEVELOPMENT SERVICES NAon. Fay EM96laoye GI -7'Z- 4&p -oho • i• v c ..� K us i LAJ e L t. c a; w j► > February 2, 2000 Fay S. Engelage 60 Momingsong Lane Oroville Ca, 95966 Dear Ms.Engelage: ,butt¢ Co L A N D O F NAT U RA L W EA CT H A N D B E A U T Y DEPARTMENT OF PUBLIC HEALTH ANIMAL CONTROL OFFICE 18-B COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7409 or (530) 891-2907 FAX: (530) 538-6329 RE: KENNEL INSPECTION 60 Morningsong Lane Oroville regret to inform you that a kennel license cannot be issued at this time due to the following existing conditions: 1) There were thirteen (13) dogs present at the time of the inspection. Condition #2 of the use permit # UP 00-04 allows for no more than nine (9) dogs, four (4) months of age or .older, to be kept on the property. 2) Current rabies vaccination certificates for all dogs that you intend to keep at the kennel have not been provided. 3) Butte County Animal Control has received additional complaints regarding barking nuisance from your residence. Condition #4 of the use permit provides that the existing dog yards be relocated to the west side of the dwelling. Additionally, a solid fence must be installed around the new dog yard(s) to block the dog's line of sight off the property as stated in the use permit conditions. These steps may help mitigate the barking issue. Further mitigation measures may be necessary if these steps prove to be fruitless. Please take the required steps as above stated within the next 30 days. Failure to do so will result in matter being forwarded to the planning commission. Sincereiv, r. Wnd stillo Supervisor Butte County Animal Control RECEIVED FEB - 4 2000 BUTTE COUNTY PLANNING DIVISION Y NOTICE OF DETERMINATION TO: _ Office of Plan.& Research Dept. 1400 Tenth Street Sacramento, CA 95814 LBEC221999j]X Butte County Clerk E CLERK EPUTY FROM: Butte County Planning 7 County Center Dr., Oroville 95965 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Project Title: UP 00-04, Use Permit AP Number: 072-460-030 Applicant: Fay Engelage, 60 Morningsong Lane, Oroville, CA 95966 State Clearinghouse Number (If submitted to clearinghouse): Contact Person: Stephen Betts Telephone Number: 538-7601 Project Location: 60 Morningsong Lane in Oroville Project Description: Use Permit to allow nine dogs as personal pets on a 4 acre parcel. 4 This is to advise that the Butte County Planning Commission has approved the above-described project on December 9, 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 Randy Wil n Principal Planner • 1. The kennel operation shall be consistent with the noise prohibitions of Butte County Code Section 4-1.2(e). Noise mitigation measures shall be implemented that may include the installation of sound walls, installation of a noise -activated sprinkler system, the use of anti -bark collars, or other methods approved by the Department of Development Services. Any necessary noise mitigation measures shall be installed within one month of the date of approval of the Use Permit. 2. Within three (3) months of approval of the Use Permit, and prior to issuance of the Use Permit, a waste disposal basin to handle solid waste from the dogs shall be installed on the property under permit from the Building Division. The waste disposal basin shall be substantially similar to the disposal basin as designed by the Environmental Health Division (drawing dated October 4, 1999) and attached to this document. A four -inch pipe, extending to the existing septic tank inlet, shall be connected to the basin drain. A self closing lid shall be installed on the basin drain. Waste placed into the disposal basin shall be flushed into the septic tank by water. A garden hose or a bucket of water may be used for this purpose. The waste basin, lid, and pipe shall be maintained in good working order. The waste disposal basin shall be located so as to allow for gravity feeding into the septic tank. A plan showing the location of the waste disposal basin shall be submitted to and approved by the Planning Division and the Environmental Health Division prior to issuance of the required permit from the Building Division. 3. All dog feces shall be picked up at least once per day and disposed of in the waste disposal basin. Burying of dog feces shall not be allowed. • 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 00-04, 60 Morningsong Lane in Oroville Project Description: Use Permit to allow nine dogs as personal pets on a 4 acre parcel. 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 IV Principal Planner Lead Agency: ounof Butte Date: /2 f Y�� ( db DECLARATION OF FEES DUE0.4) Ca ornia Fish and Game Code Section NAME AND ADDRESS OF APPLICANT Fay Engelage 60 Morningsong Lane Oroville, CA 95966 (530) 589-3384 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 () OTHER (Specify) $25.00 Clerk's Documentary Handling Fee PAYMENT / NON-PAYMENT OF FEES: 1. (X) PAYMENT: The above fees have been paid. See attached receipt(s). #18073 2. () NON-PAYMENT: The above fees are required. Not paid. Chief Official Randy •• Title: Prin ipal Planner Lead Agency: Butte County Department of Development Suvices Date: December 14, 1999 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. 11 • OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING RECEIPT 18073 ISSUED BY 0 -tow Iz wl $673 RECEIPT TOTAL PUBLIC LAFCO PLANNING PUBLIC ENV. FIRE NOE/NOD F/G FEE OTHER lop APPLICANT RECEIVED FROM DATE NO. RECEIVED WORKS SALES HEALTH OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING RECEIPT 18073 ISSUED BY 0 APPENDIX G 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. 072-460-030 2. NAME AND ADDRESS OF PROJECT APPLICANT: Fay Engelage, 60 Morningsong Lane,Oroville, CA 95966 3. DESCRIPTION OF PROJECT: Use Permit to allow nine dogs as personal pets on a 4 acre parcel. 4. LOCATION OF PROJECT: 60 Morningsong Lane in Oroville 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: December 9, 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 DECLARATION is hereby adopted. Richard Leland, Chairman Butte County Planning Commission Date: [ L — 2Lj —giF Mitigation Measures: E 1. The kennel operation shall be consistent with the noise prohibitions of Butte County Code Section 4-1.2(e). Noise mitigation measures shall be implemented that may include the installation of sound walls, installation of a noise -activated sprinkler system, the use of anti -bark collars, or other methods approved by the Department of Development Services. Any necessary noise mitigation measures shall be installed within one month of the date of approval of the Use Permit. 2. Within three (3) months of approval of the Use Permit, and prior to issuance of the Use Permit, a waste disposal basin to handle solid waste from the dogs shall be installed on the property under permit from the Building Division. The waste disposal basin shall be substantially similar to the disposal basin as designed by the Environmental Health Division (drawing dated October 4, 1999) and attached to this document. A four -inch pipe, extending to the existing septic tank inlet, shall be connected to the basin drain. A self closing lid shall be installed on the basin drain. Waste placed into the disposal basin shall be flushed into the septic tank by water. A garden hose or a bucket of water may be used for this purpose. The waste basin, lid, and pipe shall be maintained in good working order. The waste disposal basin shall be located so as to allow for gravity feeding into the septic tank. A plan showing the location of the waste disposal basin shall be submitted to and approved by the Planning Division and the Environmental Health Division prior to issuance of the required permit from the Building Division. 3. All dog feces shall be picked up at least once per day and disposed of in the waste disposal basin. Burying of dog feces shall not be allowed. WAMMA IJ n ob 1 z w 1 $673 *PLAN.I.. Ell e . SALES ENV. HEALTH FIRE NOEMOD F/G FEE OTHER APPLICANT RECEIVED FROM DATE RECEIPT NO. TOTAL PUBLICPUBLIC RECEIVED WORKS LAFCO OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING RECEIPT 18073 ISSUED BY L� December 10, 1999 Fay Engelage 60 Morningsong Lane Oroville, CA 95966 Re: Use Permit, AP, UP 00-04 Dear Ms. Engelage: r '" �uffe Li L A N D O F NATURAL WEALTH 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 At the regular meeting of the Butte County Planning Commission held December 9, 1999, your request for a Use Permit to allow nine dogs as personal pets on a 4 acre parcel., 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, December 20, 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 Stephen Betts 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 We, the undersigned, oppose the granting of a permit to allow Fay Engelage; 60 Morningsong Lane, Oroville, CA to maintain nine dogs as personal pets. Currently, there have been many instances of incessant barking at all hours and the odor of dog feces emanating from that location. j�.L JI Si ature Address Date 1.LU-�- Signature Address Date i t Signature Address ate Address / ' Date Address D to Signature Address Date Signature Address Date Signature Address Date i We, the undersigned, oppose the granting of a permit to allow Fay Engelage; 60 Morningsong Lane, Oroville, CA to maintain nine dogs as personal pets. Currently, there have been many instances of incessant barking at all hours and the odor of dog feces emanating from that location. Signature Address Date Signature Address Date Signature Address Date Signature Address Date Signature Address Date Signature Address Date Signature Address Date Signature Address Date, L 3 , We, the undersigned, oppose the granting of a permit to allow Fay Engelage; 60 Morningsong Lane, Oroville, CA to maintain nine dogs as personal pets. Currently, there have been many instances of incessant barking at all hours and the odor of dog feces emanating from that location. mass, Signature Address Date ffowARv P w��Nr�z ivy ZIP --5 Signature Address Date Y., a/,? YV�9RN Signature Address Date Signature Address Date Signature Address Date RECEIVED .DEC 0.6 1999 BUTTE COUNTY PLANNING DIVISION le -a 1-17 RECEIVEI9 DEC 0 6 1999 BUTTE COUNTY PLANNING DIVISION r ,^ _ ,ti • • i � ,. � i ,. ice'' � �' � � � � � � � � / r � � � � � / � / j � � / / � �' / / i' i / A �i �' � � � /� � y � � l � � i i / � � :'�� � �� � � i % � / / � � /' r / � / � �� i �� / �� �' � _ / ,/ i i ../ � / �/ � �� � �� � ,, D Q� $'- 9-99 7'7 (6.3!- 99 �- / -- rp fa jfZ7 RECEIVED -DEC 0.6 BUTTE COUNTY PLANNING DIVISION • �c); c)o p1n • S t�t-✓i Y- r � -jt7(-7T 9-.36 sq i PM aspovr to Ami 9 Pill �� Y a ;� �� , "a ,.ti .. '. o- .. •:, S t', . � - .. * .. �, �. �. � t ,.. .. T .. ' ` .. b . .. 1 . �`, .' , ' � �1 �� �` „if � � 1 �. � .ir. . � .. . • ' � i1 .. `. 1 ...4 , ♦. ;. " ; � 4� �.. � f •. � .I' r r 1 ? .. . �, � ` ` .`' � .' . ., � .. � � �' ... �y F-] ,butte C LAND OF NAT U RA L W EA LT H A N D BEAUTY December 1, 1999 Fay Engelage 60 Morningsong Lane Oroville, CA 95966 Re: Use Permit, AP 072-460-030, UP 00-04 Dear Ms. Engelage: 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 nine dogs as personal pets on a 4 acre parcel. 60 Morningsong Lane in Oroville. 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 December 9, 1999, at 9:30 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 Stephen Betts 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. j:\wpdocs\pcI ts\schedule. mrg BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT - December 9, 1999 Applicant/ of Old Olive Highway, at 60 Owner: Fay Engelage Morning'song Lane, Oroville File #: UP 00-04 Parcel Size: 4.19 acres Request: This is a proposal for a Use Zone date: February 6, 1987 Permit to allow a dog kennel for no more than nine dogs as Project Stephen Betts, personal pets Planner: Associate Planner G.P.: Agricultural -Residential Zoning: AR -2Y2 (Agricultural Residential, 2% acre minimum parcel size) APN: 072-460-030 Location: On the west side of Morningsong Lane, approximately 800 feet south STAFF COMMENT: Supervisor District: Attachments: A. Conditions of Approval B. Vicinity Map C. General Plan/Zoning Map D. Waste Disposal Basin Diagram E. Initial Study F. Site Plan Staff recommends approval of the Use Permit with conditions and findings. PROJECT DESCRIPTION/SITE CHARACTERISTICS: This is a proposal to allow a kennel for no more than nine dogs as personal pets. The dogs are already living on the property and are the personal pets of the applicant. The applicant does not board or care for dogs owned by others, nor does the applicant breed the dogs. The dogs were all strays, and range in age from approximately 3 to 15 years. All the dogs are spayed or neutered, are vaccinated for rabies, and are licensed. The dogs are kept in two fenced dog yards which are located adjacent to Morningsong Lane. The dogs stay in the dog yards during the day and are brought inside the dwelling unit at night. The applicant recently began placing the dogs in the house when no one is on the property. The dogs are not allowed outside the dog yards unless being brought to or from the house. A 6 -foot high solid wood fence is located on two sides of the dog yards, with a wire fence surrounding the remainder of the dog yards. An electrified wire is located at the bottom of all the fences to prevent the dogs from digging under the fence. ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ PAGE 1 ■ 0 • The property is developed with a single family dwelling, several accessory structures, a septic system and a well. One horse and one goat are kept on the site. The perimeter of the property is fenced with a wire fence. The project site fronts on Morningsong Lane, which is a private road. A short driveway, which is gated, leads from Morningsong Lane to the dwelling unit on the property. Surrounding parcels are zoned AR -2.5 and have a General Plan land use designation of Agricultural - Residential. Surrounding and nearby parcels range in size from approximately 2 to 4 acres. Land use on surrounding parcels is rural residential or vacant land. Three of the six surrounding parcels have been developed with a dwelling unit, with the nearest off-site dwelling unit located approximately 200 feet to the southeast of the dog yards. Two other dwellings are located approximately 300 to 400 feet from the dog yards. ANALYSIS: The project site is designated as Agricultural -Residential by the Land Use Element Map of the General Plan, which allows intense animal uses as secondary uses. The project site is zoned AR -2.5, which allows kennels by Conditional Use Permit (Butte County Code Section 24-95.C.5). A kennel is defined as more than five dogs, over the age of four months, which are located on a single parcel for any purpose whatsoever (Butte County Code Section 24-305.260) Solid wastes from the dogs may create objectionable odors if not properly disposed of in a timely manner. The Butte County Animal Control Division and the Environmental Health Division state there is a strong odor of dog feces on the site. The applicant disposes of the dog feces by burying them on-site in various locations. According to the Environmental Health Division, this method of waste disposal is not allowed and creates potential health problems. Mitigation measures require the applicant to pick up all dog wastes at least once a day and to dispose of the wastes in the existing septic system via a proposed waste disposal basin specifically constructed for handling solid waste from the dogs. Water runoff from the site may be polluted due to improper disposal of dog feces, resulting in contamination to surface and ground waters. To address this potential impact, the Environmental Health Division recommends the installation of a 4 sq. ft. waste disposal basin to handle solid wastes from the dogs. Wastes from the dogs will be placed in the waste basin, which will drain into the existing septic tank. Wastes will be washed into the septic tank by water from a garden hose or from a bucket. A self closing lid on the basin prevents people from stepping into the drain, odors from escaping, and rain water from entering the septic tank. An illustration of the waste disposal basin, as drawn by the Environmental Health Division, is attached. ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ PAGE 2 ■ Barking from the dogs on the site has the potential to generate significant noise levels which could disturb nearby residents. The Butte County Animal Control Division has received noise complaints due to barking dogs on the project site and recently issued a citation to the applicant. The applicant states that the dogs bark at passing vehicles or at people walking along Morningsong Lane. In response to the citation by the Butte County Animal Control Division, the applicant began putting the dogs inside the house when she leaves the property. This action may prevent some of the nuisance barking generated by the dogs. Several additional measures can be taken to reduce barking noise from the proposed dog kennel. One measure is to relocate the existing dog yards to the west side of the house, away from Morningsong Lane. The dogs tend to bark at passing vehicles and people on Morningsong Lane and moving the dogs away from this roadway is expected to lessen the amount of barking. Moving the existing dog yards also increases the distance between the dogs and the nearest dwelling unit. It cannot be seen for certain that moving the dog yards away from the road will significantly reduce barking impacts, but it is anticipated that barking will be reduced. A mitigation measure of this project requires that the existing dog yards be relocated to the west side of the dwelling unit, and that a solid fence be installed around the new dog yard(s) to prevent the dogs from seeing off the property. Other measures that may be taken to reduce noise impacts include sound walls around the dog yards, anti -bark collars on the dogs, a noise -activated sprinkler system, and placing the dogs inside an enclosed structure, such as the house, when no one is on the property. A mitigation measure requires the use of noise reduction measures if complaints of excess barking are received by the County. The applicant does not sell or breed dogs, nor does she train or board dogs owned by others. The proposed kennel use will not create any additional vehicle traffic because there will not be any customers or clients of the kennel. The Butte County Environmental Health Division recommends the installation of the waste disposal basin as discussed above. The Butte County Animal Control Division does not recommend approval of the project due to the potential for future barking complaints. The Public Works Department and the Fire Department have no comments on the project and did not recommend any conditions. The applicant indicates a willingness to not replace the existing dogs as they die, until she has five or less dogs. Over time the number of dogs will be gradually reduced to a point where the Use Permit will no longer be necessary because there will be five or less dogs on the property. Planning staff believes that a condition to this effect may be difficult to enforce and would require notification by the applicant to the Planning Division whenever a dog dies. The Planning Commission may wish ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ PAGE 3 ■ to consider this as a condition, with the Use Permit becoming void at the point when five or less dogs are living on the property. The Planning Commission may also wish to consider a condition requiring that the Use Permit be reviewed by the Commission one year after approval. The Planning Commission has added this condition to other recent Use Permits for dog kennels. ACTIONS FOR CONSIDERATION: Staff recommends that the Planning Commission take the following actions: 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 has independently reviewed, analyzed and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, and the Negative Declaration reflects the independent judgement of Butte County. H. The design of the proposed project improvements will 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 00-04 for Fay Engelage, subject to the conditions found in Exhibit A and subject to the following findings: A. The proposed use of the property will not impair the integrity and character of the zone in which the land lies, and that the use would not be unreasonably incompatible with, or injurious to, surrounding property, or detrimental to the health, safety and general welfare of the persons residing or working in the neighborhood, or to the general health, welfare and safety of the County because: 1. The dogs kept at the proposed kennel are the personal pets of the applicant. 2. Conditions of the project prohibit the boarding and training of dogs not owned by the applicant, and prohibit the breeding of dogs for sale. The proposed dog kennel will not cause an increase in vehicle traffic. 4. Conditions of the project require daily pickup and disposal of all dog wastes in the existing septic system through a special waste disposal basin. ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ PAGE 4 ■ • 5. A condition of the project requires the dogs to be kept secured 24 hours a day unless under the verbal or leashed control of the kennel operator. 6. The existing dog yards will be moved away from Morningsong Lane, which will help reduce the amount of barking. B. The project is consistent with the Agricultural -Residential 2.5 zone which allows a dog kennel with a Use Permit, and is consistent with General Plan land use designation which allows intense animal uses as a Secondary Use. K:\PROJECTS\UPC\ENGELAGE.UP\ENGELAGE.RPT ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ PAGE 5 ■ • EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION • DATE: (Certified Mail Rec.) UP 00-04 PERMIT NO. 072-460-030 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Fay Engelage is hereby granted a Use Permit in accordance with application filed: Use Permit for a dog kennel for no more than nine personal pets. 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. 3. 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. 5. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. Conditions of Approval: ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ PAGE 6 ■ 1. All dogs on the property shall be the personal pets of the kennel operator. 2. No more than nine (9) dogs, four (4) month of age or older, shall be kept on the property. Boarding of dogs not owned by the kennel operator shall not be allowed. Breeding of dogs for sale shall not be allowed. 4. Within three (3) months of approval of the Use Permit, and prior to issuance of the Use Permit, the existing dog yards shall be relocated to the west side of the dwelling unit. A solid fence shall be installed around the new dog yard(s) to block the dogs line of sight off the property. A plan showing the new location of the dog yard(s) and the fence shall be submitted to and approved by the Planning Division prior to relocation of the existing dog yards. (Mitigation Measure) 5. The applicant shall notify the Butte County Department of Development Services, Planning Division, when the dog yards have been relocated and the required fencing installed. Planning Division staff shall conduct an inspection of the relocated dog yard(s) to ensure that all required conditions have been complied with. 6. The kennel operation shall not create noises that are a nuisance to residents on the surrounding properties. If complaints about excess barking are received by the County, noise mitigation measures shall be implemented that may include the installation of sound walls, installation of a noise -activated sprinkler system, the use of anti -bark collars, or other methods approved by the Department of Development Services. Any necessary noise mitigation measures shall be installed within one month of being identified as necessary. (Mitigation Measure) 7. All dogs shall be kept secured 24 hours a day unless under the verbal or leashed control of the kennel operator. Applicant must also comply with all other applicable State and local statutes, ordinances and regulations. 9. Within three (3) months of approval of the Use Permit, and prior to issuance of the Use Permit, a waste disposal basin to handle solid waste from the dogs shall be installed on the property under permit from the Building Division. The waste disposal basin shall be substantially similar to the disposal basin as designed by the Environmental Health Division (drawing dated October 4, 1999) and attached to this document. A four -inch pipe, extending to the existing septic tank inlet, shall be connected to the basin drain. A self closing lid shall be installed on the basin drain. Waste placed into the disposal basin shall be flushed into the septic tank by water. A garden hose or a bucket of water may be used for this purpose. The waste basin, lid, and pipe shall be maintained in good working order. The waste disposal ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT 0 PAGE 7 0 • basin shall be located so as to allow for gravity feeding into the septic tank. A plan showing the location of the waste disposal basin shall be submitted to and approved by the Planning Division and the Environmental Health Division prior to issuance of the required permit from the Building Division. (Mitigation Measure) 10. All dog feces shall be picked up at least once per day and disposed of in the waste disposal .basin. Burying of dog feces shall not be allowed. (Mitigation Measure) 11. Prior to issuance of the Use Permit, obtain a kennel permit from the Butte County Animal Control Office. 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: Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Butte County Planning Commission Chairman CC: Land Development Division Building Division Health Department Butte County Fire Department/CDF Animal Control ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ PAGE 8 ■ "rOlaCt Lncatic At FR -10 1000 0 1000 2000 3000 4000 5000 Feet BUTTE COUNTY PLANNING CONMUSSION Applicant: Faye Engelage Owner: Same Hearing Date: December 9, 1999 @ 9:30 am. Edsting Zone: A-20 (Agricultural, 20 acre minimum) N Request: Use Permit to allow nine dogs as personal is on a 4 acre parcel. Supervisorial 9 g P� � p District # 1 Assessor Parcel No: 072-460-030 File: 00-04 0 1000 0 1000 2000 3000 4000 5000 Feet BUTTE COUNTY PLANNING CONMUSSION Applicant: Faye Engelage Owner: Same Hearing Date: December 9, 1999 @ 9:30 am. Edsting Zone: A-20 (Agricultural, 20 acre minimum) N Request: Use Permit to allow nine dogs as personal is on a 4 acre parcel. Supervisorial 9 g P� � p District # 1 Assessor Parcel No: 072-460-030 File: 00-04 ti0 f Olive ------ --- A- C FRA0 o`a AR goo m �L A-R LDR To o - _ , Colllns Le o-4 \off A-R DBdoMele c Bon --- #S ,ce _ c � o . Project Location z. `' o Unveco E 0 R2 1/2 - wakes R AR 2 1000 0 1000 2000 3000 4000 5000 Feet BUTTE COUNTY PLANNING COMMISSION N Applicant: Faye Engelage Owner: Same Hearing Date: December 9, 1999 (b, 9:30 a.m. Existing Zone: A-20 (Agricultural, 20 acre minimum) Supervisorial Request: Use Permit to allow nine dogs as personal pets on a 4 acre parcel. District # 1 Assessnr)?arcel Na 072-460-030 File: 00-04 0 Project: Fay Engelage, UP 00-04 • COUNTY OF BUTTE INITIAL STUDY EVALUATION OF ENVIRONMENTAL IMPACTS I. BACKGROUND: 1. Name of Proponent: Fav Engelage 2. Address: 60 Morningsong Lane, Oroville, CA 95966 Phone: (530) 589-3384 3. Name of Proposal: N/A 4. Type of Project: Use Permit 5. Project Description: This is an application for a Use Permit to allow a dog kennel for up to nine (9) dogs that are the personal pets of the applicant. The nine dogs are already living on the site. The applicant does not board.or train dogs owned by others and does not breed her dogs for sale. All the dogs are spayed or neutered, are vaccinated for rabies, and are licensed. The dogs are allowed outside in two fenced areas and are not allowed to wander around the property. The applicant brings the dogs into the dwelling at night, and recently began putting the dogs inside when no one is on the property. 6. Location of property: On the west side of Morningsong Lane, approximately 800 feet south of Old Olive Highway, at 60 Morningsong Lane, Oroville. 7. Setting: The 4.19 acre project site is developed with a dwelling, a garage, a barn, several sheds, a septic system, and a well. There are two completely fenced dog yards, with a 6400t high solid wood fence on the exterior perimeter and chain link fencing on the interior perimeter. An electric wire is located at the base of the fences to prevent the dogs from digging their way out. The perimeter of the parcel is fenced. The applicant keeps one horse and a goat. The parcel slopes gently to the southwest. Vegetation on the site is mainly grasses and eucalyptus trees, with scattered oaks, pines, fruit trees, and brush. 8. Assessor's Parcel. Numbers: 072-460-030 9. Date Checklist Submitted: November 16, 1999 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement): Butte County Environmental Health Department, Butte County Building Division, Butte County Animal Control. ■ Butte County Department of Development Services ■ Planning Division ■ 1 • Project: Fay Engelage, UP 00-04 II. DETERMINATION: On the basis of this initial evaluation: 0 ❑ I find that the proposed project COULD NOT have a significant effect on the environment, and. a NEGATIVE DECLARATION will be prepared. 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, El NEGATIVE 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. Prepared by: Stephen Betts, Associate Planner Date Rev' wed by: VCdy Wilson, Principal Planner Date 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 ❑ Agriculture Resources ® Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils ❑ Hazards/Hazardous Materials ® Hydrology/Water Quality ❑ Land Use/Planning ❑ Mineral Resources ® Noise ❑ Population VHousing ❑ Public Services ❑ Recreation ❑ Transportation/Traffic ❑ Utilities/Service Systems ® Mandatory Findings of Significance ■ Butte County Department of Development Services ■ Planning Division ■ 2 0 • Project: Fay Engelage, UP 00-04 EVALUATION OF ENVIRONMENTAL IMPACTS: 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 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. ■ Butte County Department of Development Services ■ Planning Division ■ 3 Project: Fay Engelage, UP 00-04 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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. IV. ENVIRONMENTAL IMPACTS: 1. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? X 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: a. - d. The project will not create any sources of new light or glare. No new structures are proposed for the proposed dog kennel use. The dogs cannot be seen from surrounding parcels or from Morningsong Lane due to the six foot high solid wood ■ Butte County Department of Development Services ■ Planning Division ■ 4 Project: Fay Engelage, UP 00-04 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact fence and extensive vegetation around the dog yards. 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: 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? X b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? k 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 a. - c. The only agricultural uses established on the property are a few fruit trees and one goat. There is sufficient grass area to allow for more intense grazing if desired. The proposed dog kennel will not require any of this potential grazing area. There is no Williamson Act contract affecting the property. No extensive agricultural uses are located in the project area. The project will not have an impact on agricultural uses. Mitigation: None required. ■ Butte County Department of Development Services ■ Planning Division ■ 5 Project: Fay Engelage, UP 00-04 Less Than Significant Less Potentially With Than Significant Mitigation Significant Impact Incorporated Impact 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? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? 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)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? K Response: No Impact X X X X a. - d. Butte County, and all northern Sacramento Valley Air Districts, have been designated as "moderate" nonattainment areas for the state standards for ozone (03) and fine particulate matter (PM10). Currently, Butte County is in attainment for all the federal (less stringent) air quality standards. No emissions will be generated by this project. The parcel map application was sent to the Butte County Air Quality Management District for review. The BCAQMD has no recommendations for this project. e. The solid wastes from the dogs may create objectionable odors if not properly disposed of in a timely manner. The Butte County Animal Control Division and the Environmental Health Division state there is a strong odor of dogs feces on the site, ■ Butte County Department of Development Services ■ Planning Division ■ 9 Project: Fay Engelage, UP 00-04 Less Than Significant Less Potentially with Than Significant Mitigation Significant No Impact Incorporated Impact Impact although Planning staff did not notice the odor. Currently, dogs feces are disposed of by burying them on-site in various locations. According to the Butte County Environmental Health Division, this method of waste disposal is not allowed and creates potential health problems. Mitigation Measure # 1, found in Item 8, requires the applicant to pick up all dog wastes at least once a day and to dispose of the wastes in the existing septic system via a new disposal basin specifically constructed for handling solid waste from the dogs. Mitigation Measure: See Mitigation Measure # 1 in item 8. 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? 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? 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? _ d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species ■ Butte County Department of Development Services ■ Planning Division 0. 7 X X X Project: Fay Engelage, UP 00-04 Potentially Significant Impact or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy ordinance. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Response: k a. - d. The project site is not within an identified deer herd range (Butte County Deer Herd GIS coverage). No riparian vegetation, wetlands, or vernal pools are located on the site. The project is not known to be inhabited or provide habitat for any rare, endangered animal or plant species (Butte County Master Environmental Assessment, Figure Bio -2). This project will not have an impact to fish and/or wildlife and the payment of fees under Public Resources Code Section 21089 and as defined by Fish and Game Code Section 711.4 is not required. 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. Mitieation Measure: None required. ■ Butte County Department of Development Services ■ Planning Division ■ �:3 Less Than Significant Less With Than Mitigation Significant No Incorporated Impact Impact x Y k a. - d. The project site is not within an identified deer herd range (Butte County Deer Herd GIS coverage). No riparian vegetation, wetlands, or vernal pools are located on the site. The project is not known to be inhabited or provide habitat for any rare, endangered animal or plant species (Butte County Master Environmental Assessment, Figure Bio -2). This project will not have an impact to fish and/or wildlife and the payment of fees under Public Resources Code Section 21089 and as defined by Fish and Game Code Section 711.4 is not required. 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. Mitieation Measure: None required. ■ Butte County Department of Development Services ■ Planning Division ■ �:3 Project: Fay Engelage, UP 00-04 5. CULTURAL RESOURCES. Would the project.- a) roject: a) Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? X X X X Response: a. - d. According to Butte County constraints mapping, the project site is located in an area considered to have a low to medium archeological sensitivity. The only soil disturbance to occur due to this project is from the construction of a small waste basin and the trenching needed for a pipeline from the waste basin to the septic tank. No impacts are expected to occur to any cultural resources. Mitigation Measure: None required. 6. GEOLOGY AND SOILS. Would the project.- a) roject: 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 ■ Butte County Department of Development Services ■ Planning Division ■ 9 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact 5. CULTURAL RESOURCES. Would the project.- a) roject: a) Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? X X X X Response: a. - d. According to Butte County constraints mapping, the project site is located in an area considered to have a low to medium archeological sensitivity. The only soil disturbance to occur due to this project is from the construction of a small waste basin and the trenching needed for a pipeline from the waste basin to the septic tank. No impacts are expected to occur to any cultural resources. Mitigation Measure: None required. 6. GEOLOGY AND SOILS. Would the project.- a) roject: 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 ■ Butte County Department of Development Services ■ Planning Division ■ 9 0 Project: Fay Engelage, UP 00-04 Potentially Significant Impact the area or based on other sub- stantial evidence of a know fault? Refer to Division of Mines and Geology Special Publication 42. 2) Strong seismic ground shaking? 3) Seismic -related ground failure, including liquefaction? 4) Landslides? b) Result in substantial soil erosion or the loss of topsoil? 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? _ d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating sub- stantial risks to life or property? _ 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? _ Response: U Less Than Significant W ith Mitigation Incorporated Less Than Significant No Impact Impact X K X X X X X Y a. 1. The Seismic Safety Element of the Butte County General Plan indicates that all of Butte County is in Moderate Earthquake Intensity Zone VIII. A concealed fault is located approximately 1,348 feet to the east of the site. The project will not expose people or structures to danger from earthquake activity. ■ Butte County Department of Development Services ■ Planning Division ■ 10 Project: Fay Engelage, UP 00-04 Less Than Significant Less Potentially with Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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 low 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 a low to moderate potential for landslides in this area. No impact is anticipated. b. The Erosion Potential Map of the Safety Element of the Butte County General Plan indicates that the soil erosion potential of this site is very high. The site has an average slope of approximately 6%. No soil erosion impacts are anticipated because the site does not contain steep slopes and the only soil disturbance that will occur will be the installation of a waste disposal basin and the pipeline leading from the basin to the existing septic system. C. No impact is anticipated from instability, landslide, lateral spreading, subsidence, liquefaction or collapse. d. The Conservation Element's Expansive Soils Map indicates that the project site has a low expansive soil designation. No impact is anticipated. e. The Butte County Environmental Health Division recommends that all solid wastes from the dogs be disposed of in a new waste basin that connects via a pipe to the existing septic tank. This recommendation is added as a mitigation measure in Item 8. Mitigation Measure: None required. 7. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport use, or disposal of hazardous materials? X ■ Butte County Department of Development Services ■ Planning Division ■ 11 Project: Fay Engelage, UP 00-04 Less Than Significant Less Potentially with Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed schools? 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? 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? 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? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including ■ Butte County Department of Development Services ■ Planning Division ■ 12 X X X Y X X Project: Fay Engelage, UP 00-04 where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Response: • Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact X a. - d. The project will not create any hazardous materials, and is not located on or near any sources of hazardous materials. Solid waste from the dogs is not considered a hazardous material and is required to be disposed of in the existing on-site septic system. No impact is anticipated. e. - g. The property is not located within the vicinity of an airport, airport land -use plan, private airstrip, or interfere with an adopted emergency response plan or emergency evacuation plan. No impact is anticipated. h. The project is located within a State Response Area for wildland fires. The nearest fire station is Station # 64, located approximately 4 miles to the northwest of the property. The Butte County Fire Department/CDF does not object to this project and does not have any recommendations regarding this project. Mitigation Measure: None required. 8. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge requirements? 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 ■ Butte County Department of Development Services ■ Planning Division ■ 13 X Project: Fay Engelage, UP 00-04 is • Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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? K 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 f) Otherwise substantially degrade water quality? X 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? k h) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? X i) 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? k ■ Butte County Department of Development Services ■ Planning Division ■ 14 Project: Fay Engelage, UP 00-04 j) Inundation by seiche, tsunami, or mudflow? Response: ►_J Less Than Significant Less Potentially with Than Significant Mitigation Significant No Impact Incorporated Impact Impact X a. - f. Approval of this project may have a potentially significant impact to surface and ground water quality due to contamination from improper disposal of dog feces. Currently, dog feces are buried on-site in various locations. The Butte County Environmental Heath Division and the Animal Control Division personnel detected a strong odor of dog feces, indicating that the dog wastes were not being disposed of properly. Water runoff from the site may be polluted due to the dog feces, resulting in contamination to surface and ground waters. To address this potential impact, the Butte County Environmental Health Division recommends the installation of a special waste disposal basin to handle solid wastes from the dogs. A four -inch pipe connected to a six-inch drain at the bottom of the basin extends to the existing septic tank. A self closing lid on the basin prevents people or dogs from stepping into the drain, odors from escaping, and rain water from entering the septic tank. Waste placed in the disposal basin can be washed into the septic tank by water from a garden hose or from a bucket. An illustration of the waste disposal basin, as drawn by the Environmental Health Division, is attached to this document. Another way to prevent water quality impacts is to pick up dog feces at least once per day and dispose of them in the waste disposal basin. Domestic water supply for the dwelling is obtained from an on-site well. This project will not cause a significant decrease in groundwater supplies because the proposed kennel use requires only very minor quantities of water. This project will not result in the creation of large impervious surfaces because the only new structure required is a 4 sq. ft. disposal basin. g. - i. The project site is not located within a 100 -year flood zone as shown on the Federal Emergency Management Agency's Flood Insurance Rate Map 06007C -1025C, dated June 8, 1998. 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. ■ Butte County Department of Development Services ■ Planning Division ■ 15 • Project: Fay Engelage, UP 00-04 Mitigation Measure # 1: n ti Less Than Significant Potentially With Significant Mitigation Impact Incorporated a . Less Than ` Significant No Impact Impact Within three (3) months of approval of the Use Permit, and prior to issuance of the Use Permit, a waste disposal basin to handle solid wastes from the dogs shall be installed on the property under permit from the Building Division. The waste disposal basin shall be substantially similar to the disposal basin as designed by the Environmental Health Division (drawing dated October 4, 1999) and attached to this document. A four inch pipe, extending to the existing septic tank inlet, shall be connected to the basin drain. A self closing lid shall be installed on the basin drain. Waste placed into the disposal basin shall be flushed into the septic tank by water. A garden hose or a bucket of water may be used for this purpose. The waste basin, lid, and pipe shall be maintained in good working order. The waste disposal basin shall be located so as to allow for gravity feeding into the septic tank. A plan showing the location of the waste disposal basin shall be submitted to and approved by the Planning Division and the Environmental Health Division prior to issuance of the required permit from the Building Division. Mitigation Measure # 2: All dogs feces shall be picked up at least once per day and disposed of in the waste disposal basin. Burying of dog feces shall not be allowed. 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 ■ Butte County Department of Development Services ■ Planning Division ■ 16 C� Project: Fay Engelage, UP 00-04 Response: Potentially Significant Impact 0 Less Than Significant Less With Than Mitigation Significant No Incorporated Impact Impact a. The proposal will not physically divide an established community b. The project site is zoned AR -2.5 (Agricultural -Residential, 2.5 -acre minimum parcel size). The site is designated by the Land Use Element Map of the Butte County General Plan as Agricultural -Residential. Kennels are permitted in the AR zone with a Use Permit. Intense animal uses are allowed as a Secondary Use under the Agricultural -Residential General Plan land use designation. Surrounding parcels are zoned AR -2.5 and have a General Plan land use designation of Agricultural -Residential. Surrounding and nearby parcels range in size from approximately 2 to 4 acres. Land use on surrounding parcels is rural residential. The closest dwelling unit to the dog yards is located approximately 200 feet to the southeast, with two other dwellings located approximately 300 to 400 feet away. The proposed dog kennel could result in land use conflicts with nearby residential uses due to high noise levels from barking dogs and from odors due to improper disposal of dog wastes. Mitigation Measures 1 and 2, found in item 8 (Hydrology and Water Quality), and Mitigation Measures 3 and 4, found in item 11 (Noise), are recommended to reduce these impacts to a less than significant level. C. The property is not within a habitat conservation plan or natural community conservation plan. No impact will be incurred. 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? k 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? K ■ Butte County Department of Development Services ■ Planning Division ■ 17 Project: Fay Engelage, UP 00-04 Less Than Significant Less Potentially with Than Significant Mitigation Significant No' Impact Incorporated Impact Impact Response: a. - b. The property is not known to contain any important mineral resources of value to the region. The project will not prevent the future extraction of any potential mineral 'resources on the site. No impact will be incurred. Mitigation: None required. 11. NOISE. Would the project result 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 b) Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels: 1t 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? �t ■ Butte County Department of Development Services ■ Planning Division ■ 18 • Project: Fay Engelage, UP 00-04 Potentially Significant Impact 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? Response: Less Than Significant Less W ith Than Mitigation Significant No Incorporated Impact Impact X a. - d. Ambient noise on and around the project area is affected primarily by vehicle traffic on Old Olive Highway, which is located approximately 800 feet north of the site, and from the barking of dogs on the project site. Other noise in the project area is generated from nearby residential uses. The proposed dog kennel use may incrementally and cumulatively have a significant noise impact on the surrounding area. Three of the six surrounding parcels have been developed with a dwelling unit, with the nearest off-site dwelling unit located approximately 200 feet to the southeast of the dog yards. Two other dwellings are located approximately 300 to 400 feet from the dog yards. Barking from the dogs on the site has the potential to generate significant noise levels which could disturb nearby residents. The Butte County Animal Control Division has received noise complaints due to barking dogs on the project site and issued a citation to the applicant. The applicant states that the dogs bark at passing vehicles or at people walking along Morningsong Lane. During a site visit by Planning Division staff, only one dog was outside, which barked extensively due to the presence of a stranger on the property. The applicant keeps all of the dogs in the house at night. In response to the citation by the Butte County Animal Control Division, the applicant recently began putting the dogs inside the house when she leaves the property. This action may prevent some of the nuisance barking generated by the dogs. Several measures could be taken to reduce barking noise from the proposed dog kennel. One measure is to move the existing dog yards to the west side of the house, away from Morningsong Lane. The dogs tend to bark at passing vehicles and people on Morningsong Lane and moving them away from this roadway is expected to lessen the amount of barking. Moving the existing dog yards also increases the distance between the dogs and the nearest dwelling unit. It cannot be seen for certain that moving the dogs yards away from the road will significantly reduce barking impacts, but it is anticipated that barking will be reduced. A mitigation measure of this project requires that the existing dogs yards be relocated to the west side of the ■ Butte County Department of Development Services ■ Planning Division ■ 19 • Project: Fay Engelage, UP 00-04 Less Than Significant Less Potentially with Than Significant Mitigation Significant No Impact Incorporated Impact Impact dwelling unit, and that a solid fence or landscaping be installed around the new dog yard(s) to prevent the dogs from seeing off the property. Other measures that may taken to reduce noise impacts include sound walls around the dog yards, anti -bark collars on the dogs, a noise -activated sprinkler system, and placing the dogs inside an enclosed structure, such as the house, when no one is on the property. A mitigation measure requires the use of noise reduction measures if complaints of excess barking are received by the County. e. - f. The project is not located in the vicinity of an airstrip or within an airport land use plan. No impact will be incurred. Mitigation Measure # 3: Within three (3) months of approval of the Use Permit, and prior to issuance of the Use Permit, the existing dog yards shall be relocated to the west side of the dwelling unit. A solid fence shall be installed around the new dog yard(s) to prevent the dogs from seeing off the property. A plan showing the new location of the dog yard(s) and the fence shall be submitted to and approved by the Planning Division prior to relocation of the existing dog yards. Mitigation Measure # 4: The kennel operation shall not create noises that are a nuisance to residents on the surrounding properties. If complaints about excess barking are received by the County, noise mitigation measures shall be implemented that may include the installation of sound walls, installation of a noise-activiated sprinkler system, the use of anti -bark collars, or other methods approved by the Department of Development Services. Any necessary noise mitigation measures shall be installed within one month of being identified as necessary. 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? �t ■ Butte County Department of Development Services ■. Planning Division ■ 20 • Project: Fay Engelage, UP 00-04 b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Response: • Less Than Fire protection? Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact X X a. The project will not induce any population growth nor will it create a need for any new infrastructure which could induce population growth. b. - c. The project will not displace individuals or housing. No impact will be incurred. Mitigation: None required. 13. PUBLIC SERVICES. 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? f) Other public services? ■ Butte County Department of Development Services ■ Planning Division ■ 21 • Project: Fay Engelage, UP 00-04 Response: • Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact a. The project will not create a need for any new public services. b. The project will not create an increase in demand for fire protection services. C. The proposal will not cause an increase in demand for police protection services because the dog kennel does not require such services. d. The proposal will not result in a demand for school facilities in the area. e. The proposal will not result in a demand to area parks and facilities. £ The project may lead to an impact to the Butte County Animal Control Division. Barking dogs on the site may lead to noise complaints, and Animal Control personnel may have respond to the project site to verify the complaint. This impact is not expected to be significant because Mitigation Measures 3 and 4, found in item 11, are expected to reduce barking noise to a less than significant level. Mitigation Measure: None required. 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?_ 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? Response: X X a. - b. The project will not increase the use of existing parks or other recreational facilities nor will the project create the need for any new parks or recreational facilities. ■ Butte County Department of Development Services ■ Planning Division ■ 22 Project: Fay Engelage, UP 00-04 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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)? b) Exceed, either individually or cumula- tively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? 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? f) Result in inadequate parking capacity? g) Conflict with accepted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? ■ Butte County Department of Development Services ■ Planning Division ■ 23 X X X X X X 0 Project: Fay Engelage, UP 00-04 Response: Potentially Significant Impact 0 Less Than Significant Less With Than Mitigation Significant No Incorporated Impact Impact a. - e. The project is not anticipated to generate any additional vehicle traffic in the project area because the kennel use will not generate any vehicle traffic. f. There is adequate area on the parcel to handle the parking needs of the existing dwelling unit. g. The project will not conflict with accepted policies, plans or programs supporting alternative transportation. Mitigation: None required. 16. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? 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? 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? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has ■ Butte County Department of Development Services ■ Planning Division ■ 24 X X X X Project: Fay Engelage, UP 00-04 Less Than Significant Less Potentially - With Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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? X Response: a. - e. Solid wastes from the dogs will be disposed of in the existing on-site septic system. The project will not have an impact on any wastewater treatment facilities. Domestic water supply for the dwellings on the site will come from an existing on- site well. The project will not have an impact on any water treatment facilities. No additional storm water facilities will be necessary as a result of this project. £ . The project will not increase the stream of waste being deposited in the Neal Road Landfill because the solid wastes from the dogs are required to be disposed of in the on-site septic system. g. No impact will 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 - 0 Butte County Department of Development Services ■ Planning Division ■ 25 0 Project: Fay Engelage, UP 00-04 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? • Less Than Significant Less Potentially With Than Significant Mitigation Significant Impact Incorporated Impact x b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively consider- able" 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)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Response: X No Impact X 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 Items Hydrology and Water Quality 8.a., and Noise l La, b., and c. Cumulative impacts to these areas will be mitigated due to the inclusion of Mitigation Measures # 1 through 4 as itemized under Section V. - Mitigation Measures and Monitoring Requirements. V. MITIGATION MEASURES AND MONITORING REQUIREMENTS: Mitigation Measure # 1: Within three (3) months of approval of the Use Permit, and`prior to issuance of the Use Permit, a waste disposal basin to handle solid wastes from the dogs shall be installed on the property under permit from the Building Division. The waste disposal basin shall be substantially similar to the disposal basin as designed by the Environmental Health Division (drawing dated October 4, 1999) ■ Butte County Department of Development Services ■ Planning Division ■ 26 Project: Fay Engelage, UP 00-04 and attached to this document. A four inch pipe, extending to the existing septic tank inlet, shall be connected to the basin drain. A self closing lid shall be installed on the basin drain. Waste placed into the disposal basin shall be flushed into the septic tank by water. A garden hose or a bucket of water may be used for this purpose. The waste basin, lid, and pipe shall be maintained in good working order. The waste disposal basin shall be located so as to allow for gravity feeding into the septic tank. A plan showing the location of the waste disposal basin shall be submitted to and approved by the Planning Division and the Environmental Health Division prior to issuance of the required permit from the Building Division. Mitigation Measure # 2: All dogs feces shall be picked up at least once per day and disposed of in the waste disposal basin. Burying of dog feces shall not be allowed. Mitigation Measure # 3: Within three (3) months of approval of the Use Permit, and prior to issuance of the Use Permit, the existing dog yards shall be relocated to the west side of the dwelling unit. A solid fence shall be installed around the new dog yard(s) to prevent the dogs from seeing off the property. A plan showing the new location of the dog yard(s) and the fence shall be submitted to and approved by the Planning Division prior to relocation of the existing dog yards. Mitigation Measure # 4: The kennel operation shall not create noises that are a nuisance to residents on the surrounding properties. If complaints about excess barking are received by the County, noise mitigation measures shall be implemented that may include the installation of sound walls, installation of a noise - activated sprinkler system, the use of anti -bark collars, or other methods approved by the Department of Development Services. Any necessary noise mitigation measures shall be installed within one month of being identified as necessary. DATA SHEET A. Project Description 1. Type of Project: Use Permit for a dog kennel for no more than nine dogs. 2. Proposed Density of Development: N/A 3. Amount of Impervious Surfacing: Approximately 4 sq. ft. of new surfaces. 4. Access and Nearest Public Road: Morningsong Lane (private road) to Old Olive Highway. 5. Method of Sewage Disposal: On-site septic system. 6. Source of Water Supply: On-site well. 7. Proximity of Power Lines: To property. 8. Potential for further land divisions and development: None. ■ Butte County Department of Development Services ■ Planning Division ■ 27 Project: Fay Engelage, UP 00-04 B. Environmental Setting 1. Terrain a General Topographic Character: Transitional foothill area. b. Slopes: 6%. C. Elevation: 925 - 975 feet above sea level. d. Limiting Factors: None. 2. Soils a. Types and Characteristics: Sierra Sandy Loam - 8 to 12 inches thick, with a subsoil 18 to 40 inches thick. Moderate quantity of organic matter. Absorbs moisture well. Aiken Clay Loam - 8 to 12 inches thick, with a subsoil 14 to 46 inches thick. Absorbs moisture well. Surface drainage good. Soils have a SCS classification of Class VI and Class VII. b. Limiting Factors: None. 3. Natural Hazards of the Land a. Earthquake Zone: Moderate Earthquake Intensity Zone VIII. b. Erosion Potential: Very high. C. Landslide Potential: Low to moderate. d. Fire Hazard: Very high. e. Expansive Soil Potential: Low. 4. Hydrology a. Surface Water: None. b. Ground Water: Unknown, potentially limited. C. Drainage Characteristics: Generally to the southwest. d. Annual Rainfall (normal): 30 to 35 inches per year. e. Limiting Factors: None. 5. Visual/Scenic Quality: Good. 6. Acoustic Quality: Good. 7. Air Quality: Good, except when stagnant air conditions persist in the valley. 8. Vegetation: Oaks, eucalyptus trees, fruit trees, scattered brush, grasses. 9. Wildlife Habitat: Small birds and animals common to foothill areas, such as rabbits, squirrels, skunks, and raccoons. 10. Archaeological and Historical Resources in the area: ' Low to moderate sensitivity area. 11. Butte County General Plan designation: Agricultural -Residential. 12. Existing Zoning: AR -2.5 (Agricultural -Residential, 2.5 -acre minimum parcel size). 13. Existing Land Use on-site: Dwelling unit, two dog yards, one horse, and one goat. 14. Surrounding Area: a. Land Uses: Rural residential. b. Zoning: AR -2.5 (Agricultural -Residential, 2.5 -acre minimum parcel size). C. Gen. Plan Designation: Agricultural -Residential. d. Parcel Sizes: 2 to 4 acres. 15. Character of Site and Area: Rural residential. 16. Nearest Urban Area: Oroville. ■ Butte County Department of Development Services ■ Planning Division ■ 28 J • • Project: Fay Engelage, UP 00-04. 17. Relevant Spheres of Influence: Butte College. 18. Improvement Standards Urban Area: Not applicable 19. Fire Protection Service: a. Nearest County (State) Fire Station: Butte County Fire Station number 64, approximately 4 miles to the northwest. b. Water Availability: Fire tankers only. 20. Schools: Oroville 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. 9. Butte County Planning Department. Archaeological Sensitivity Map. Oroville, CA: James P. Manning, 1983. 10. Butte County Planning Department. School District Map. Oroville, CA. 11. Butte Courity Board of Supervisors. Agricultural Preserves Map, established by Resolution No. 67-178. Oroville, CA: Butte County Planning Department, 1987. 11. National Flood Insurance Program. Flood Insurance Rate Maps. Federal Emergency Management Agency. 1989. 13. USGS Quad Maps. 14. Soil Map, Chico (1925)/Oroville (1926) Area. United States Department of Agriculture. 15. Soil Survey of Chico (1925)/Oroville (1926) Area. United States Department of Agriculture. 16. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Map. Butte County Fire Department and California Department of Forestry, 1989. K: \PROJECTS \UPC\EN G E LAG E. U P\EN G E LAG E. I S 0 Butte County Department of Development Services 0 Planning Division 0 017 -44 RECEIVED NOV 0 9 1999 BUTTE COUNTY PLANNING DIVISION k l (SPACE FOR FILING STAMP ON LY) IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF BUTTE In the Matter of Notice of Public Hearing ......................... No .......... ....... .. ................................................................... AFFIDAVIT OF PUBLICATION State of California County of Butte 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 times 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: Nov. 19,1999. I certify (or declare), under penalty of perjury, that the foregoing is true and correct, at Chico, California. Da ted .............. Nov....19.......1999 ........................, at Chico, California. r\ :. .` . ............ ..... ......................... (Signat%e) BUTTE COUNTY. 1: PLANNING COMMISSION -,j NOTICE OF ... PUBLIC HEARING, ui Notice is hereby -givers) " e Butte County Planning,,; mission that a' public: g will be held on Thursday" camber 9, 1999, in the.:Butte j` County County Board of Supervlsars' Room, County' Adminisif' 6n Center, 25 County Center''fir. the following g the following item at thee$ � ing item: ITEM ON WHICH A" )T ENVIRONMENTAL IMPACT,$ .I HAS BEEN RECOMMENDED 9:30am- Fay EngefagA 'e Permit to allow nine dd :, s ' personal pets on a 4 a r - cel zoned AR -2.5 (Agri I Residential -2.5 acre p ).. The property is locat. 13 0. Momingsong Lane, Q,rgvlRle. APN 072460-030. (SB) "Mil -- The above-mentioned (- cation, Initial, Study, and are on file and availali *%r, I public viewing at the Offl Gof I the Butte County Devel¢ 66 t Services Department, Pf Division, 7 Counttyy n e1r . Drive, Oroville, Cali(omia,;�pr information call: (530) 538-7BU7 (Monday through Friday, , 8:00a.m. to 4:00p.m.) Comments may be subhlit- ted in writing at any tim8 ►ftioi to the hearing or orally aY'.'t e meeting listed above or §y y be continued to a late Upon action taken by th, ning Commission on the• an appeal may be tiled vyla' . Clerk of the Board of Supery1 sors. The. appeal period"is 10 _ days. If you challenge+afte above application in the court, t; , ay be limited-foiaising„ , r, ;mthose issues you Cr 'some- one else raised at thepublic hearing described in this notice -or,„in written correspondence delivered to the Planning Com-, mission, at or prior to, the' ]c hearing. BUTTE`gOUNTY PLANNING `CON�MISSION VAS A. PARILO, �CTOR DEVELOPMENT WICES C229266 Publish: 11/19/1999 11 NOTICE TO APPEAR BUTTE COUNTY HEALTH DEPARTMENT i RABIES PREVENTION DIVISION 1 ATE TIME -r AM. DAY O^F^T HE WEE K AME (FIRST, MIDDLE. LAST) t - ESIDENCE ADDRESS _ ; _ ••-�o t USIn1ESS ADDRESS e • _' ` U,6ENS$ NO.. STATE,- BIR DAY( )RIVER'S - - •�I 1• .� I �?• •I HAIw EYES.. HEIGiL? • .�- WEIGHT OTHER€, E% r < ,fit 1MAKE ID. rtjt 1 EHICLE LICENSE NO STATE rSEX 10. NO. rtlyTtOAO" ANI .�`! BREED COLOR /6-0- i/AFFENSES - CJIDE SECTIOP6 DE8Ci4IP-TnoN JjlJ10N OFFENSES) COMMITTED I ` -.NSE [51 NO T•COMMITTEO IN MY PRESENCE. CERTIFIED OR INFORMATION ANP FE - F:TIFY UNDER PENALtV OF PERJURY THAT THE FOREGOING IS TUE AND CORRECT R EXECUTED ON THE DATE SHOWN ABOVE AT IPL.ACE) - IrD NO ISSUING aF FIC IP 4 j ' `I } WITHOUT ADMITTING GUILT, I PROMISE TO APPEAR AT THE TIME AND PLACE CHECKS: Hi d •� I i clr_ueTuaF tr 6 -�- ---- �p ALICOURT (ADORE&61- SEFOR A JUDGE OR A L R OF ,iYIE J�, �- { 1 ! I TIME �l %P M. 15 DAYS DATE 1 L•- i`� 1 } �_.�----. _. FORM APPROVED BY THE JUDICIAL COUNCIL OF CALIFORNIA (REV 1/98) P C 853 SE•F_, REVERSE SIDE Court Csll�r; Y: C�ry . vs, 1s Whig G►VY - - s � N 13. IIA Lij3 s L w a v Y Planning Division S E P 1 7 1999 s � a 6 � a � Q- ®rovi9lo, California j� � N 11 • INTER -DEPARTMENTAL MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION To: Randy Wilson, Principal Planner From: Steve Betts, Associate Planner SI&_ Subject: Engelage Use Permit, UP 00-04 Date: November 4, 1999 The Initial Study for this project is attached for your review. The last time I talked to the applicant she stated that she is willing not to replace a dog as it dies. As the dogs die off she won't get a new one to replace it. Gradually the number of dogs will be reduced to five, and the applicant won't have a kennel. This could be a condition of the project: "Deceased dogs shall not be replaced. At the point there are five (5) dogs on the site, this Use Permit shall become null and void and no additional dogs will be allowed on the site unless reapplication for a new Use Permit is submitted to the Planning Division and approved by the Planning Commission. Prior to issuance of the Use Permit, the kennel operator shall submit to the Planning Division the names of the dogs and their estimated ages. One year after approval of the Use Permit, and annually thereafter, the kennel operator shall submit to the Planning Division the names of the dogs still living on the property. The kennel operator shall make available to the County upon request the names of the dogs living on the property." Let me know if the above condition is practical. There will additional conditions that require a kennel license be obtained, no boarding, training, or breeding of dogs owned by others, etc. I f A t � t � � t f A t f A November 19, 1999 To: Responsible and Trustee Agencies 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 Re: NOTICE OF INTENT - To Adopt a Proposed Mitigated Negative Declaration for a Use Permit for Fay Engelage (File # UP 00-04) 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 December 8, 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. Sincerely, 9WT7,x ra5t:&_ Stephen Betts Associate Planner cc: Fay Engelage, 60 Morningsong Lane, Oroville, CA 95966 Craig Erickson, Butte County Environmental Health Division MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Larry Painter FROM: Lynn SUBJECT: REQUEST FOR EXHIBITS AND PUBLIC NOTICE LIST DATE:, November 16, 1999 Project Name: _Fay Engelage THIS IS A REQUEST FOR: File #: _UP 00-04 Meeting Date Black & white reproducible exhibit map PC/Board/DRC Vicinity Map Planning Manager Exhibit Map Extension of Time Exhibit Map Color Planning Commission Exhibit Map Color Board of Supervisors Exhibit Map Public Notice List Special Exhibits Backread Ordinance Public Notice List: Special instructions: The above request is due no later than 11/19/99 Special Instructions and/or research: 12/9/99 Number of Copies NOTE: Exhibits should be saved until project is through process, which includes appeal period. FILE SAVED AS: Notice is hereby given by the Butte County Planning Commission that a public hearing will be held on, Thursday, December 9, 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. - Fay Engelage, Use Permit to allow nine dogs as personal pets on a 4 acre parcel zoned AR -2.5 (Agricultural Residential - 2.5 acre parcels). The property is located at 60 Morningsong Lane, Oroville. APN 072-460-030. (SB) (File #UP 00-04) 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 application in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION THOMAS A. PARILO, DIRECTOR DEVELOPMENT SERVICES To be published in the Oroville Mercury on Friday, November 19, 1999. October 20, 1999 Fay Engelage 60 Morningsong Lane Oroville, CA 95966 1;U co, LAND 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 Re: Use Permit application to allow nine dogs as personal pets on APN 072-460-030, File # UP 00-04 Dear Ms. Engelage: Thank you for the submittal of the above referenced application received on September 13, 1999. Your project application, maps and related items have been reviewed by County Agencies in order to determine the completeness of your application. Enclosed please find copies of the comments we have received from County agencies regarding your project. These comments have been received as part of the initial thirty (30) day review of your project. Please review these comments and the conditions that are requested as part of the project's approval. Please note that the Butte County Environmental Health Division recommends that a waste disposal basin, connected to the existing septic tank, be installed in the dog yard to handle the solid wastes from the dogs. Please refer to the enclosed drawing showing this waste basin. A building permit is required to install the waste basin. If you have any questions concerning the waste basin, please call Doug Fogel, Butte County Environmental Health Division, at 538-7281. Pursuant to the California Permit Streamlining Act, your project has been deemed "complete." Environmental review will be conducted within the next 30 days pursuant to the California Environmental Quality Act. Upon conclusion of environmental review, your project will be scheduled for action by the Butte County Planning Commission. Should you have any further questions regarding these comments, please contact me between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Stephen Betts Associate Planner BUTTE COUNTY E1, T DEPARTMENT OF DEVELOPMENT SERVICES �� -'rT T 1 ,/ ED PLANNING DIVISION OCT 2 0 1999 TO: Butte County Animal Control BUTTE COU FRO Butte unty nning NTY RE M. Request ofor Comments oonva Development Application: Fay Engelage, UP 00-04 PIAN ING DNI ION DATE: September 24, 1999 CONTACT PERSON: Stephen Betts 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 ca11538-7601. Thank you in advance for your time and efforts. This is an application for a Use Permit to allow nine dogs as personal pets on a 4 acrean rcel. on property zoned Agricultural Residential 2 , located at 60 Mornings_ong Lane in Oroville, identified as APN 072-460-030. Supervisorial District No. L THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON January 27 , 2000. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN October 4, 1999. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS 1 By: li LG Date: 7 County Center Drive - Oroville, Califomia 95965 - 530-538-7601 - FAX 530-538-7785 IMPORTANT MESSAGE elephoned Please call ❑ Wants to see you ❑ Will call again. ❑ Returned your call ❑ URGENT ❑ Was here to see you C n ��r n, inn cj, 5 , , . ... Post -it" telephone message pad 7662 • BUTTE COUNR AIR QUALITY MANAGEMENT DISTRICT 2525 Dominic Drive, Suite J Chico, California 95928 Tel: (530) 891-2882 Fax: (530) 891-2878 October 5, 1999 Stephen Betts, Butte County Department of Development Services Planning Division 7 County Center Drive Oroville, CA 95965 Re: UP -00-04 Dear Mr. Betts: LAWRENCE D. ODLE Air Pollution Control Officer W. JAMES WAGONER Asst. Air Pollution Control Officer The District has reviewed the request for comments for Use Permit to allow nine dogs as personal pets on a 4 acre parcel located at 60 Moringsong Lane in Oroville. Based on the information submitted the District has no recommendations. Thank you for the opportunity to comment on the proposed project. If you have any questions, please do not hesitate to contact the District at 891-2882. Sincerely, ! _ l i Gail Williams Air Quality Planner File No 3451.1 Plannilig Division OCT 07 lt'cj'9 f:\apps\wpdocs\eir\bcup0004.doc orovi0ie, camornia BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Local Agency Formation Commission FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Fay Engelage, UP 00-04 DATE: September 24, 1999 CONTACT PERSON: Stephen Betts 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 a Use Permit to allow nine dogs as personal nets on a 4 acrean rcel. on property zoned Agricultural Residential 2. 5, located at 60 Mornings_ong Lane in nroyille, identified as APN 072-460-030. Supervisorial District No. 1• THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON Januar; 27 , 2000. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN October 4, 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): 1 • orovl ll e Ce,h P fie,.,,► , 2• �U#e Co• l�Dcq fn �oh��nl /Vo olhe c6".y,,? 3 Fe a Aer River &rK f )?ec 4- Droville E. t- n_ S• Oroyill e (.mien 0,L2. L2. G• �1.13�C Coil eQ f CSA 1G4 By: S�enhet; Lyc4s Date: 9,&9/9g 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 TO: FROM: RE: DATE: QW,W-Na"" Q ,,- SF � p?p BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION Environmental Health Butte County Planning Division Request for Comments on a Development Application:'Fay Engelage, UP 00-f04 September 20, 1999 CONTACT PERSON: �� 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 a Use Permit td allow nine dos as personal nets on a 4 acreap rcel, on property zoned Agricultural Residential located at 60 Mornings_ong Lane in Oroville, identified as APN 072-460-030? Supervisorial District No. 1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON January 27, 2000. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN October 4, 1999. "If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 Planning Division 0 C T 0 5 09 oroviile, camornia m 0 1 a N IS • BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Butte County Building Dept. FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Fay Engelage, UP 00-04 DATE: September 24, 1999 CONTACT PERSON: Stephen Betts 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 a Use Permit to allow nine dogs as personal pets on a 4 acrean rcel. on property zoned Agricultural Residential , located at 60 Morningsong Lane in Oroville, identified as APN 072-460-030. Supervisorial District No. 1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON January 27 , 2000. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN October 4, 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): 7w,5 use Pex ,r P46pvse s No ST,egG]Z gam CP 77#5 %lit/-', /F P,T hU6�s f.�U��i�/6 s RfJ D 77-W I ?x!175 e4h 1,6 A5� ,etc 146D. Date: / — QC, f 2 Plannitng isi�n r domia 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: Fay Engelage, UP 00-04 DATE: September 20, 1999 CONTACT PERSON: 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 a_Use Permit to allow nine dogs as personal pets on a 4 acre parcel, on property zoned Agde ul gyral Residential located at 60 Mornings_ong Lane in Oroville, identified as APN 072-460-030. Supervisorial District No. 1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON January 27, 2000. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN October 4, 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): lyislo 1 J L 4 Ma e it. � By: J ✓ Date: 7 County Center Drive - Oroville, Californi9jZ�53 8-7601 - FAX 530-538-7785 SEP 2 d 1999 COUNTY OF BU LAND DEVELOPME;­ r• • UP 00-04 APN 072-460-030 Faye Engelage IMM AR 2 21/2 LEAD IN SHEET FILE NO: 1' 00-04 •'• 072-460-030 REPRESENTATIVE: REQUEST: Use Permit to allow nine dogs as personal pets on a 4 acre parcel, ---I SIZE: 4 acres LOCATION: 60 Morningsong Lane in Oroville SUPERVISORAL DISTRICT #p off/ /EXISS�TIN�G,/ZO/�NING: AR 2.5 ZONING HISTORY: oD�S0 /O `l ell? 1. AlWo SURROUNDING ZONING: Agricultural Residential SURROUNDING LAND USE: Agricultural - Rural Residential SITE HISTORY: Dogs existing for 2-16 years. GENERAL PLAN DESIGNATION: Agijcultural Residential APPLICABLE REGULATIONS: Kennel Permit from Animal Control Rec'd 9/17/99 COMMENT DISTRIBUTION LIST APPLICATION: Fay Engelage DATE: September 20, 1999 County Offices and Cities: _ Chief Administrative Officer Environmental Health Sheriff LAFCo Biggs Oroville Irrigation District: Butte Water _ OWID Table Mountain Irrigation Domestic Water Butte Water District J OWID Sewer X / Develop. Services Director _X_ J Assessor _ J� BCAG APCD _ Gridley Paradise _X_ ✓ Animal Control Biggs/W. Gridley Water Paradise Irrigation _ Thermalito Irrigation California Water Service Co. Thermalito Irrigation District Butte Water District _ Themalito Irrigation Skansen Subdivision (CSA 21) _ L.O.A. PIID Fire Protection _X_" California Department of Forestry Recreation Districts _ Chico Area Recreation _ Paradise Recreation & Park Utilities El Medio Fire Protection District Durham Area Recreation Richvale Recreation & Parks Durham Irrigation Richvale Irrigation Other Del Oro Water Co. Other Sterling City Sewer Main Feather River Rec. & Park PG&E North - Chico _ Chambers Cable TV X Public Works.Director _ Viacom Cable TV Building Manager State Agencies ALUC Butte Co. Farm Bureau Dept. of Water Resources _ Chico _ Chico Airport Commission _X_ V Agricultural Commission Biggs/W. Gridley Water Paradise Irrigation _ Thermalito Irrigation California Water Service Co. Thermalito Irrigation District Butte Water District _ Themalito Irrigation Skansen Subdivision (CSA 21) _ L.O.A. PIID Fire Protection _X_" California Department of Forestry Recreation Districts _ Chico Area Recreation _ Paradise Recreation & Park Utilities El Medio Fire Protection District Durham Area Recreation Richvale Recreation & Parks Durham Irrigation Richvale Irrigation Other Del Oro Water Co. Other 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 TO: FROM RE: DATE: 0 • BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION Butte County Planning Division Request for Comments on a Development Application: Fay Engelage, UP 00-04 September 20, 1999 CONTACT PERSON: 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 a Use Permit to allow nine dogs as personal pets on a 4 acrean rcel, on property zoned Agricultural Residential 2.5 located at 60 Morningsong Lane in Oroville, identified as APN 072-460-030. Supervisorial District No. 1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON Januar; 27, 2000. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN October 4, 1999. If no comments or communications are received by the above date, the assumption will be made thatyour 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 BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Fay Engelage DATE: September 20, 1999 AGENT: APN: 072-460-030 FILE #: UP 00-04 PLANNER: PROJECT DESCRIPTION: Use Permit to allow nine dogs as personal pets on a 4 acre parcel. 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. 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 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. 0 • 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, "Zs 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 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. 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. 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. 7. The developer shall display a current County Zoning and County Land Use Map in the sales office at all times, and/or suitable alternatives. 8. 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. 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. BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Fay Engelage DATE: September 20, 1999 AGENT: APN: 072-460-030 FILE #: UP 00-04 PLANNER: PROJECT DESCRIPTION: Use Permit to allow nine dogs as personal pets on a 4 acre parcel. Those items checked are conditions of approval. PLEASE CONTACT THE B11TTF. COi1NTY 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. 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. 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. G-11-q1� 17 7g ID(o ISti- "10D i-► " " R -y C-5 -r(o ��►'� DATE RECEIPT TOTAL PUBLIC LAFCO PLANNING PUBLIC ENV. FIRE NOEMOD OTHER APPLICANT RECEIVED FROM NO. RECEIVED WORKS SALES HEALTH F/G FEE RECEIPT 17878 OFFICIAL RECEIPT COUNTY OF BUTTE .STATE OF CALIFORNIA OFFICE OF PLANNING ISSUED BY S • Cl MEMORANDUM PLANNING DEPARTMENT TO: Butte County Assessor's Office FROM: Butte County Planning Department SUBJECT: Fay Engelage, UP 00-04 DATE: February 5, 2002 Pursuant to Section 65863.5 of the Government Code, the following parcel identified as 072-460-030, was: Rezone from to zoning district. Granted a variance to X Issued a conditional Use Permit to allow a dog kennel for no more than nine personal pets. on property zoned AR -2.5 (Agricultural Residential - 2.5 acre parcels) and located at 60 Morningsong Lane, Oroville. 0 j' A1. fir• LIC v->1/k►3n�--TC- # o , �.}SEC. 20 T/9N.R5E MDR rz 2335 r.A. 9/-o9 2 F-46". . 91-37 F� EO aG v89 ° az' 43 ( 2642.40 `5' l 2003 �» - 248.32 — 260 371. 25 - �, 63 t I Oso z es. 30 t 9>•0 .+9190 0 2—N 78 AC- .... , -R, C.yti /.65AcY_2 24c **sU J SAC p 9 ay t 192 AC p - �1 bti 4.04 Ac+ e,00g b r 5 I.87Ac a 1 ' \ PE 4 603 .,,•2 o4c.ti yl - 46`: .::�;,Y.tt/ b ' X _ \ �,p�� ( rYEs a�,+f3�:ir•. - y�111F! yy.a w . ___sem. [ DO' ....•. all rIlk- P.W,2,,/�J, ,Ltii•F•C' - �( �^• , I \ ° OS '' , ,T 4 0� Ac , ' `' �O ` / 'i°i y i '1 �r ` r �.nd• `Q fti 92-36 1% 1"%/BC.' 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MHFilic?�?� y5N65c'lf�% 15`�?5' �'r_' 21/lb/9S j RETURN TO SENDER j MARDON'JACQUELINE 11 ` 4109 1/2 V ST I� SACRAMENTO CA 95617-1441 ittllltllllili!!11{1111tillil.tll � � t 1 � •i�y _• _ :'�'��,� '''-' �1��!!l�llttt��lltlltll�tt�lttllll!l�j�tiitlet� t COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION 7 County Drive Oroville, CA 95965-3397 RETURN SERVICE REQUESTED PUBLIC Cgs gar 9 n g 1rI�F�:Uf?i .?r}COUCL_ I NE= J - HEARING �VEDrov��L`�` R�C.�{ ,1Y, 111ARDi2yt-3 b`5`a65r?1Ij% 15�?S' car? 11/1ti/y i_ ``'' �� 1�� l RETURN TO SENDER NOTICE NQV MARDON JACQUELINE 4109 1/2 V ST TY SACRAMENTO CA 95617-1441 ,Bv I31 G DXV 5i�� ®.30 5 I t '. s. voa iirirrtir'iririruiirrrlr'irrriirui.ii�airrlr��Jii�uriirriirili) `•� NOTICE OF DETERMINATION TO:, _ Office of Plan.& Research Dept. rDACEBU 1400 Tenth Street Sacramento, CA 95814 1999 X Butte County Clerk . , ERK DEPUTY FROM: Butte County Planning 7 County Center Dr., Oroville 95965 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Project Title: UP 00-04, Use Permit AP Number: 072-460-030 Applicant: Fay Engelage, 60 Morningsong Lane, Oroville, CA 95966 State Clearinghouse Number (If submitted to clearinghouse): Contact Person: Stephen Betts Telephone Number: 538-7601 Project Location: 60 Morningsong Lane in Oroville Project Description: Use Permit to allow nine dogs as personal pets on a 4 acre parcel. This is to advise that the Butte County Planning Commission has approved the above-described project on December 9, 1999, and has made the following determinations regarding the above-described project: 1. The project will, _X__vvill 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 Randy Wil n Principal Planner The kennel operation shall be consistent with the noise prohibitions of Butte County Code Section 4-1.2(e). Noise mitigation measures shall be implemented that may include the installation of sound walls, installation of'a noise -activated sprinkler system, the use of anti -bark collars, or other methods approved by the Department of Development Services. Any necessary noise mitigation measures shall be installed within one month of the date of approval of the Use Permit. 2. Within three (3) months of approval of the Use Permit, and prior to issuance of the Use Permit, a waste disposal basin to handle solid waste from the dogs shall be installed on the property under permit from the Building Division. The waste disposal basin shall be substantially similar to the disposal basin as designed by the Environmental Health Division (drawing dated October 4, 1999) and attached to this document. A four -inch pipe, extending to the existing septic tank inlet, shall be connected to the basin drain. A self closing lid shall be installed on the basin drain. Waste placed into the disposal basin shall be flushed into the septic tank by water. A garden hose or a bucket of water may be used for this purpose. The waste basin, lid, and pipe shall be maintained in good working order. The waste disposal basin shall be located so as to allow for gravity feeding into the septic tank. A plan showing the location of the waste disposal basin shall be submitted to and approved by the Planning Division and the Environmental Health Division prior to issuance of the required permit from the Building Division. All dog feces shall be picked up at least once per day and disposed of in the waste disposal basin. Burying of dog feces shall not be allowed. 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 00-04, 60 Morningsong Lane in Oroville Project Description: Use Permit to allow nine dogs as personal pets on a 4 acre parcel. 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: Ja1'-'J , - /' '/' L, Randy Wilson Principal Planner Lead Agency: �ounty Butte Date: f� a/ DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT Fay Engelage 60 Morningsong Lane Oroville, CA 95966 (530) 589-3384 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 () OTHER (Specify) $25.00 Clerk's Documentary Handling Fee PAYMENT / NON-PAYMENT OF FEES: 1. (X) PAYMENT: The above fees have been paid. See attached receipt(s). #18073 2. () NON-PAYMENT: The above fees are required. Not paid. Chief Official Randy Wilson Title: Principal Planner •• - County Department of Development Se• Date: December 14, 1999 1 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. fl In ob PUBLIC ENV. NOEMOD SALES HEALTH FIRE F/G FEE OTHER OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING APPLICANT RECEIPT 18073 ISSUED BY RECEIVED FROM I z wl 8673 RECEIPT TOTAL PUBLIC LAFCO .DATE NO. RECEIVED WORKS fl In ob PUBLIC ENV. NOEMOD SALES HEALTH FIRE F/G FEE OTHER OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING APPLICANT RECEIPT 18073 ISSUED BY RECEIVED FROM �.f ass -AREA, DEVELOPMEENT PERMITTED COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION 7 County Drive o C.3 lay f 19 9 Oroville, CA 95965-3397 METER 7206411 U.S. POSTAGE RETURN SERVICE REQUESTED js - A %i(�fqj—S '-f•A T►t: _' PUBLIC L.-;-07�� b ANT jvj JR & DOTTIE JO L ELL-10TT GR HEARING 3225I BLVD OROV I LAELL1225 959662175 1998 44 11/18/9 NOTICE REC- I Y -F c? FORWARD TIME EXP RTN TO SEND ELLIOTT JR NOv JJ 2654 CHA15E DR OROVILLE CA 95966-7234 BUTTE C013NTY 'PLANNI'NG DjVjsj0N