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HomeMy WebLinkAboutUP 01-24PROJECT SUMMARY SHEET FILE#: UP 01-24 PROJECT TYPE: Use Permit APPLICANT: Tony Vogel ADDRESS: P.O. Box 618, Magalia, CA 95954 OWNER: same ADDRESS: REPRESENTATIVE: MER Consulting, Civil Engineer ADDRESS: 7786 Skyway, Paradise, CA PROJECT DESCRIPTION: Use Permit for expansion of a pre-existing nonconforming use in the C -C (Community Commercial) zone. PROPERTY. ZONED: CC (Community Commercial) LOCATED: 6443 Hollywood Road, Magalia AP#: 065-460-021 TOWN/AREA: Magalia GENERAL PLAN DESIGNATION: C (Commercial) 1. Application complete: June 28, 2001 Amount: $ 1,078.00 Receipt #19637 2. Comments sent to: Development Services Director, Public Works Director, Environmental Health, Asessor, Building Manager, LAFCo, Town of Paradise, Del Oro Water Co., California Department of Forestry, PG&E North -Chico, -Paradise Pines Com. Assoc. 3. Comments received from: 4. Rezone Petition Signatures Checked: 5. Mailing List/Lead-in Sheet: 6. Assigned To: Stephen Hackney 7. Environmental Determination: 8. Staff Report: State Clearinghouse No: -61—& Subject to Fish & Game: lV e Project Video: 2 Categorical Exemption-CEQA# Negative Declaration Mitigation Negative Declaration Environmental Impact Report Gen. Rule Ex. -CEQA # 15061.(bx3) Other 9. Clearinghouse circulation required: YesNo Date Sent to SCH: 10. Publication Notice Written: Display Ad Prepared: 11. Notices Mailed: //—/ (— 0/ Number of Notices: 12. Newspaper Publication Date: n C G B 13. Planning Commission Hearing(s) Action taken: Special Conditions: Commission Resolution 1, 14. 15 Oct 17 18 19 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: Copy of Use Permit / Variance to Planning Technician: Ordinance No: Adopted: Fish & Game Fees Paid: Yes No 7 County Center Drive I - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 Tony Vogel, proposed Mitigated Negative Declaration regarding environmental impacts and Use Permit to expand a nonconforming use in the C -C zone (Community -Commercial). The existing metal building is 2,400 square feet. The expansion would consist of an additional 4,000 -square foot metal structure. The structure would be a metal corrugated building whose main purpose would be for the storage of materials and supplies to maintain and conduct the current assembling/manufacturing of the chiropractic tables. No other activities are anticipated within the expansion area. The applicant currently employs two other individuals and does not anticipate any more full-time employees. The area where the expansion would be located has been cleared of trees and the slope from the rear to the front of the lot has been leveled. The property is located on the north side of Hollywood Road, at 6443 Hollywood road, approximately 500 feet east of the Skyway, in the Magalia area. APN 065-460-021 (CBS) (UP 01-24) Mr. Sanders gave a brief summary of the project. The hearing was opened to the public. Mr. Vogel was present to answer questions. The hearing was closed. It was moved by Commissioner Mooney, seconded by Commissioner Marin, and unanimously carried to approve a Use Permit for Tony Vogel subject to the findings and conditions listed below changing Condition 10 to delete the word "created." ACTIONS FOR CONSIDERATION: Staff recommends that the Planning Commission take the following actions: I. Adopt a Mitigated Negative Declaration with the following findings: A. 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; and B. The Planning Commission independently reviewed, analyzed and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, and hereby finds that the Negative Declaration with mitigation measures reduces impacts below levels of significance and reflects the independent judgment of Butte County. II. The design of the proposed project improvements would 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. ■ BC PLANNING COMMISSION ■ MINUTES, DECEMBER 13, 2001 ■ PAGE 10 ■ III. Approve Use Permit 01-24, subject to the following findings and conditions in Exhibit "A": A. The proposed uses of the property would not impair the integrity and character of the zone in which the land lies, and would not be unreasonably incompatible with, or injurious to, surrounding properties or detrimental to the health and general welfare of the persons residing or working in the neighborhood, or to the general health, welfare and safety of the residents of the County as supported by the following: 1. Expansion of the existing building for manufacturing purposes is consistent with the pre-existing specific use of the assembling of chiropractic tables which has been in operation for the past year and is consistent with the pre- existing general manufacturing use. 2. Approval of the request to expand the building to facilitate the current manufacturing use is consistent with the character of the uses on the, surrounding parcels in this zoning district. 3. Surrounding properties would be protected from runoff and erosion from on- site drainage facilities and a retaining wall constructed on the west side of the property. 4. Aesthetic and safety impacts from the effects of night lighting on the nearby residential development is addressed through the inclusion of Planning Division Condition #1 regarding installation and use of lighting. 5. Air quality would not be adversely impacted as a result of project approval with the inclusion of Butte County Air Quality Management District requirements regarding control of dust and addressed in Planning Division Condition #2. 6. Project improvements, including fences, landscaping, and walls serve to make the project compatible with the surrounding area. Conditions of Approval: Planning Division 1. All new outdoor lights shall be fully shielded. Lights shall be directed downward and contained on-site. Direct light shall not be allowed on adjoining properties and roads. (Mitigation Measure) 2. Measures shall be taken to control fugitive dust emissions from all civil construction associated with development of the site. Standard Mitigation Measures to prevent or reduce fugitive dust emissions can be obtained from the Butte County Air Quality Management District. (Mititgation Measure) ■ BC PLANNING COMMISSION 0 MINUTES, DECEMBER 13, 2001 ■ PAGE 11 0 3. Prior to the recordation of the issuance of building permits, a plan for a.permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak runoff flow to said channel or facility. (Mitigation Measure) 4. All development activity shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Friday, and 10 a.m. to 6 p.m., Saturday, Sunday, and holidays. (Mitigation Measure) 5. 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 date- stamped June 28, 2001, and is incorporated herein by this reference. Public Works 6. Prior to the issuance of building permits, obtain encroachment permit for all new or existing driveway approaches and construct them to, County standards, as specified in County Improvement Standards. , 7. Prior to the recordation of the issuance of building permits, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak runoff flow to said channel or facility. Fire Department 8. 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), as well as all other applicable State/County codes, ordinances, and regulations in effect at the time of application for improvement permits. 9. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. 10. In lieu of a pressurized water system or water storage tank, payment of $200.00 per parcel into the Battalion 1 water tender fund, is required prior to the issuance of a building permit. ■ BC PLANNING COMMISSION 0 MINUTES, DECEMBER 13, 2001 ■ PAGE 12 0 11. Provide an all weather access to all structures. The access shall have a minimum 107foot width and 15 -foot vertical clearance, and be able to accommodate a 40,000 pound fire apparatus. Environmental Health Division 12. Future development on lot, including storm drain trenches, must not encroach upon repair area for septic system. Other Conditions 13. Applicant must also comply with all other applicable State/local statutes, ordinances, and regulations. 9 ■ BC PLANNING COMMISSION 0 MINUTES, DECEMBER 13, 2001 ■ PAGE 13 ■ DEPARI'm lul Mill, Uk' l,r. V EljurlVlLlN 1 3EK V m1ni;3 BUTT L OUNTY UNIFORM APPWATION OPLit'ANT: Auent illf0mlatiun to he provided is on other gide: APPLICANT'S NAME ( if applicant in different from owner nn uffidavit is required f ASSE'SSOR'S PARC hL NUMBUR: 4,L KS- -0 3- ADDRFSS: CITY, STATF. & ZIP CODE: FiLE NUMBER: (FOR OFI CE USF) P Y4A&ALIA 6A cb-t7ry 01-a`I NAME OF l'KUla7SRf) PROJECT 1. If any) Ti:LEPHONE (stud) al -73-37W I.00:ATiON OF Pit) E(" f ( M crimN s etc and Adtirass. il' any) 6 �l `t3 1� ,fv t Lt 6,81-16 LA 91 SLY GENERAL INW)RMATiON REWIRED OWNER'S NAME: I o I Vl U THI.HI'IIONE Ton` (,2,I t,IJ V- ) k7 P 3 47)-� Af)DRUSS: CITY. STATE & ZIP CODE: po ox 61? IMA 'LUNE OF.NERAi. PIAN EXISTINIJ LAND I.ISE Sill; SIGN (in Square. Feet or Acres) �� �. �o>��, �, �►�.��>a1 sem, EXIS11NO STRUCTURILS (in Sgwu•r. Fret) PROPOSED STRUC"1'LIKESS (in Square Feet) OD S Q `fY ft e5rA, L_ _ 19 0 L L li )'K& Yom f a Z Nti crA L t) l L - D) n Wlwck f)nn) Whrck One) 0 PROPERTY IS Olt IIROP(JSEI) T(i BI;. Sh.WFRND PROPHRTY IS OR PROPOSED TO BE ON PUBLIC. WATER ALf I'RUl'ERTY IS OR PROPOSHD TO BE ON SETMC D PROPFRTY iS OR PROPOSED TO Ri? ON WRi.I. WATi'R O 6F.W.RAL PLAN AMENDMENT REZf)NF f USE PHRMIT 0 MINOR LISE PERMIT 0 VARIANCE D MiNOR VARIANCE 0 ADMINISTRATIVE PIs APPLWATION RL•QUESTED D EC EOWE JUN 2 a BUTTE COUNTY MIT PLANNING DIVISION 0 DEVta.OPMENTAGREEMFNT O T-.NTATTVfi SUBDIVISION MAP D TENTATIVE PARCEI`MAP D WAIVi?R OF PARCEI. MAP © B(')UNDARY LINE MODIFICATION Q LEGAL LUT DE'I'ERMtNATIUN 0 CERTIFICATE OF MERGER 0 MINING AND RECLAMATION PLAN D OTHER PROJE(.'.T DES('RiPTK)N FUi.1. DESCRIPTION OF PROPOSED PROJECT (Attach necasHury shueLs. size of (tartic)w.) ,�— -b7J I tr 1! �ry�Q -fl Y►eTAL- If th is application is fora latch division. cics(:rihc the numher and GAT -a 0 I 1 --bin 6 (-JA n;a- 1.V---1 vx o I Vl U iJv w� L— U i L 171 t,IJ OW NER CE:RTIFiCAMN 1 CERTIFY THAT T AM PRESENTLY THF: TYVAI. OWNLA UK TIIF Al.•THOR1ZED AGENT OF *l'11L' UWAQ k ()I-'TFlrt ABOVE. D SCRIBF.1) PROPERTY. FLiR•1' MR. 1 ACKNOWLLILWT, TNF FUND OIC THIS APPLICATION AND CHR'I'll'Y •111AT AL.I, OF THE ABOVE. INFORMATION IS TRUE' AND • . ACCURA'IL. (if an anent is to he authurized. raraae nn affidavit of authorization and includr• 11jr affidavit with this app i ion.) / Z ) DATE: �/ SIGNATURE: S) AGENT AUTHORIZATIUI* To Butte County, Department of Development Services: AAX-4i feet" rvtArtk lti► s s a S-3047440 __.ln-,IL NeA-ToJ-30- W3 Prim Nunse of Agent and Phone Numbei_ , PO A� JAbw '100 i� cA isl" 2�rra Mailing Address t is hereby authorized to process this application for _ -d on my property, identified as Butte County Assessor Parcel .Number ,.�-_6(�— D�-.�, This authorization allows representation for all applications, hearings, appeals, etc. and to sign all documents necessary for said processing, but not including documenL(s) relating Lo record title interest.. Owner(s) of Record: (sign and print name) o N Y L%n be Prins Name S��o;aurr. Architect and/or Engineer: A� J- 30 - y�7� print Nanu. nf' Architecl/Engineer and Phone Number Nbiliq.. Address FOR OFFICE USE ONLY Verify: _ Date Received: _ J P- `off'$ . ZQ o I Print Name signature f30 P6--FY31 (--A q5-C1A,e0 COX v,0 Aanzw-10 Of Total Amount Received: 10 1> 1.9 AP Number(s) blll" Legal Description Owners Authorization ZZoning Requirements _ — Project Description l.. Copies of Plot Plan Taken by -6,i4. Receipt No. A43-) E.H. �� LD J 6 Plan �Q FD Paymentof the currently required Application Fee And/or Deposit (Any unused portion of a deposit) will he returned upon final action. .Current fee for this application is :� ® as of Make check payable to "Butte County Treasurer"'. JVA;,5 2001 19 oUTTECOUNTY ' k •`�-",G DIVISION fGen"raI InIoMJon: 9 COUNTY OF BUTTE ENVIRONMENTAL INFORMATION FORM (To be Completed By Project Applicant) —Date-Filed = Z 1. Name and address of owner, and/or developer, and/or project sponsor: I (1s^ti' I)o 62-1 12 X 14 A L S 2. Address of project 6Y41AAA1stA4 CA U-7111 Assessor's Parcel Number: -q60 - f 3. Name, address, and telephone number of person to be contacted concernin this project: �Q r -Dy_ 6Ik %f'fA6ALtA GA 7J -7r' f_30_P72- 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: 11%eTA,n Iil& WA PPRmeT_ 2Q' 3 _ 5. Existing general plan designation: C 6. Existing zoning district: C G 7. How island currently used? vkisTLwtes Q-' owneA_ r0rL AS,(,f m I ► w6 G;�/Lo PAAct C 'A 0 LZS - 8. Proposed use of site (Project for which this form is filed): kib A 0A0,P_Ha 1f L r@ RO-A irs. Project Description: 9. Site size: V22I Z SP LA WD qm Sf ,AI2W _QJ1L- IVI b (Acres/Sq. Feet) 10. Off-street parking spaces: Full size: Compact: Total;r ,. 11. Plans attached Yes ✓No 12. Proposed development schedule ASA P 13. Associated projects,-JFyLJ C.TUV_S AS r1e4,GJAtL,-' 14. Anticipated incremental or phased development e7Ke-- 10,gxJ,& 1�P�UPiIa�O+rt�W� Attach description of project containing the following information: ,A/A 15. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales `-/ area and loading facilities. NA 17. If Industrial, indicate type, estimated employment per shift, and loading facilities. f� 18. If Institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading N ❑ Butte County Department of Development Services ❑ Planning Division ❑ 1 f:f t facilities, and commu'f'fFy benefits to be derived from the project. • �' �j 19. If the project involves a variance, nditlonal u , ezoning application, or any development permits, state this and indicate clearly why the applpation is requited. If permits have already been issued, please attach as Exhibit i1Je- Q�PLW%%T t01 �X; Ansifn �>-r OV4,0 tit+n� (JJ'P_ Are the following it applicable to the projector its effects? Discuss below all items checked yes (attach additional sheets as necessary). ❑ Butte County Department of Development Services ❑ Planning Division LJ 2 YES NO 20. Change in existing features of any hills, buttes, canyons Z or substantial alteration of ground contours. _ 21, Change in scenic views or vistas from existing residential areas or public lands or roads. 22. Change in pattern or character of general area of project. _ 23. Significant amounts of solid waste or litter. 24. Change in dust, ash, smoke, fumes or odors in vicinity, 25. Change in bay, lake, river, stream or ground water quality or quantity, or alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. v 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.). _ 1� 31. Relationship to a larger project or series of projects. _ r �J A��v7" ' >--"Ds �� Dtr- was ❑ Butte County Department of Development Services ❑ Planning Division LJ 2 Environmental Setting: (Attach brief description) 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical, or scenic aspects. Describe,any existing structures on the site and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one - family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set- back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best -of my knowledge and belief. Date -D, WO) Signature for KAFORMSISUBMITTAL1ENV-INF) ❑ Butte County Department of Development Services ❑ Planning Division ❑ 3 16. The project is commercial in nature and consists of the addition of a 4000 square foot warehouse on to an existing 2400 square foot metal corrugated building. The existing building is used for the assembling and selling' , of chiropractic equipment that is sold regionally. There is an unknown amount of sales and loading area. 32. The project site is a 60'x 299' lot. The site had previously been cleared of trees except for a small grouping at the front of the property. The site has a gentle downhill slope from the rear towards the front (street) side of the property. The rear of the property was about 6 feet higher than the front of the property, but the lot has been leveled and a retaining wall is being erected around the perimeter where needed. The soil is of a red, clayish nature and is very stable. There are no plants or animals on the property, nor is there any cultural, historical or scenic aspects to the property. There is an existing 2400 square foot, metal corrugated building on the site used for the assembly of chiropractic tables by the current owner of the property. 33. The surrounding properties are a mix of vacant lots, small commercial businesses, and residential properties. On the left side of the property (as seen when looking at the site from the street) are several, contiguous vacant lots and then a building that houses a small tire shop and several other units that are rented for storage. On the right side of the property is a triplex. Behing the property is an 8 unit apartment complex setback about 100 feet from the property line. The area within the setback area has been left natural and still has its trees. Across the street at the front of the property is a mobile home set back from the street, a vacant lot, a mini -storage facility, and a building that houses a motorcyle repair shop and a automotive repair shop. Around the corner is a couple of cabinet shops and a machine shop. A block away on Skyway is a minimart/gas station. The commercial buildings in the area appear to be within 4000 to 6000 square feet or so, and 12 to 16 feet in height. On the vacant lots that haven't been cleared or developed are a variety of pine trees and some grasses and shrubs, but no plants or animals to speak of. There are no cultural, historical, or scenic aspects to the area. USE PERMIT APPLICATION PACKET CHECKLIST This checklist is designed to assist applicants in making sure all necessary information is included in their application packet. Please include this checklist along with your submittal. Applicant Planner 1. LJ ❑ A completed, signed; niform A --licaiion 'Environmental Information form. If the PP application is signed by an ager or a property owner, an agent authonzatiomust w be submitted along with the Uniform Application. The application shall not be accepted unless signed by the owner or authorized agent. 2. IT, ❑ Payment of the currently required Application Fee and/or Deposit (Any unused portion of the deposit will be returned upon final action, if any remains.) (Planner advises applicant) 3. L "rty-five(35) copies of plans which shall include a detailed siteP lan drawn to scale. All plans shall be drawn on uniform size sheets no gmate than 24" x 36". The finished plans shall be folded to 8 %" x 11". The detailed site plan must include: ~ a. Name and address of Applicant, Engineer and/or person who prepared the plan b. 0- Property lines and lot dimensions �/(�) c. - E Assessor Parcel Number(s) and the street address. d. LI a Proposed use and/or uses of the property. e. Lam' --Proposed landscaping plan, if applicable. R ECEIVE JUN 2 8 2001 BUTTE COUNTY PLANNING DIVISION Dimensioned locations of existing and proposed improvements on the property (including, but not limited to, buildings, driveways, parking areas, wells, septic tanks and leach fields). . L"J L�' g Distances from any significant natural and constructed features of the property, such as streets, access roads, streams, rock outcroppings, major tree stands, storm drains, bodies of water, railroads, to the property lines. IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WELL BE DEEMED INCOMPLETE. 1 a h. -ET__�Location of all slope banks, ponds, creeks, buttes, sloughs, rock outcroppings, natural drainage courses, irrigation canals and existing vegetation worthy of consideration for preservation, such as oak trees. TV I• El ---Any existing faults or fractures and geologic hazards. j• 13 12 North arrow and scale of drawing. Alllans shall be drawn to an engineering P g g scale with the preferred scale of 1" = 20', with a north -arrow preferably oriented to the too met. k• All plans must be clear and legible. 4. ED One copy of 8 %z" x 11" transparency reduction of the detailed siteP lan. � 5. ET/ l_y'/ A vicinity map showing closest mayor cross streets, zoning and existing land use. 6. 1J 7. ❑ 8. 9. ed lans mounted on foam boards, which shall include an illustrative site plan., illustrative building eiev_1io s -sections. ortions��t�iis waived by the Planning Manager. Portions waved `❑ YES ❑ NO One U E Detailed site plan including the following: site 't 4L _ ©1 a• 13Lam" Building setbacks from the ultimate road right-of-way (front, rear, sides). b. t3* Proposed and existingon-site driveways and/or roads. 6�Location, Yc. tom" height, and materials of walls and fences (sections may be required). d• All driveways, drawn to scale, on adiment and 2cross the street progiprtkq Wlth11 100 feet of the subject site. IF INSUFFICIENT INFORMATION IS SUBMTI'IBD, THE APPLICATION WILL BE DEEMED INCOMPLETE: 2 :•e. Er • Existing curbs, gutters, sidewalks and existing paving widths on-site or within 100 feet of the site. on adjacent and across the street properties. f. f 5�- E—Typical street section(s). g. Nearest cross streets on both sides with plus or minus distances from subject site. h.. --El— - Approximate location of all buildings within 100 feet, on adjacent pro en rhes. I. oed Pro o p s method of sewer and water connection or alternative method of sewage disposal and potable water supply. j. Existing and nearest fire hydrants. k. 0 Access, both pedestrian and vehicular, showing service areas and points of ingress and egress. 1. "8 --- Internal circulation pattern. m. -0 -''G—Elevation contours, at a minimum per USGS maps. 10. E - Illustrative Site Plan The plan should include a graphic scale and north arrow, all proposed and existing improvements, landscape concepts such as earth mounding and meandering walkways, walls, ground cover, trees, shrubs, shadows, paving and other elements as may be necessary to illustrate the site plan. (Dimensions may be excluded from this plan.) 11. `El— conceptual Grading Plan Items to be shown include: a. tJ LJ' Natural areas to be preserved. b. 4E3--E1--Proposed cut and fill areas in contrasting colors of zipatone pattern. c. -E3— G"Existing and proposed contours within 100 feet of project boundaries. IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 3 d. LJ ❑ Proposed drainage and flood control facilities. e. ET' ❑ Erosion control measures (e.g. - slope landscaping). f. LJd Natural drainage. g. E — --E3_ Elevations and finished contours. h. U M Location of retaining walls, drainage channels and existing structures. I. U ID Location, elevation and size of proposed building pads. 12. - e--8-Mustrative Building Elevations Illustrative building elevations showing all sides of existing and proposed buildings and structures. Illustrative building elevations means architectural elevations showing typical materials to be used, trees, landscaping and shadows to give the elevations graphic dimension. Additional information may be required in order to clarify, amplify, correct or otherwise supplement the above submittal information or to complete any required environmental review documents, as deemed necessary by the Department of Development Services, Public Works, Environmental Health Division, Butte County Fire Department, or Agriculture Commissioner. Signature: -•'- 6 zl Applicant/Repre tative Signature: A4, q�L�k -A,--%-n Planner R ceiving Application rj K:\FORMSISUBMrrAL\C}B;CKLMUSEPERMI.FRM Date Date: a IF INSUFFICIENT INFORMATION IS SUBMM ED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 4 co, r 065460021000 VOGEL ANTHONY S P0BOX 618 MAGALIA CA 95954 065190003000 BACHLE GARY M & BONNIE. F 15801 NE 27TH CIRCLE VANCOUVER WA 98684 065190007000 WORKING LLOYD S & HELEN L P0BOX 314 VALLEY CENTER CA 92082 065190012000 MORRIS JOHN & BARBARA JT 14442 VINE ROAD MAGALIA CA 95954 065190019000 FARLEY DOLORES C 14402 VINE RD MAGALIA CA 95954 065190023000 LUCAS MELISSA D 6478 TALL PINES DR MAGALIA CA 95954 065190026000 CHAPMANN LARRY P 0 BOX 1251 MAGALIA CA 95954 065190093000 GRIMES RICHARD W & BEVERLY M 273 KUWAIT WAY PACHECO CA 94553 065460004000 WILLIAMS R S & SANDEE 91 VALLEY VIEW DR PARADISE CA 95969 065460009000 FASTRIP OIL COMPANY L P P 0 BOX 1807 BAKERSFIELD CA 93303 • 065190001000 BECKA ALICE G TRUSTEE 123 HENSHAW AVE #406 CHICO CA 95973 065190004000 WOLTZ ROY L & CANDACE D JT P 0 BOX 1453 MAGALIA CA 95954 065190009000 MOON ALLEN J & SIBYL V CP PO BOX 1455 MAGALIA CA 95954 065190015000 AGUILAR ROY G & ROSALIE M 2237 OLD CREEK CIRCLE PITTSBURG CA 94565 065190020000 TABER WALTER R & BEVERLEY J P 0 BOX 1464 MAGALIA CA 95954 065190024000 DRAWER STAN P0BOX 423 MAGALIA CA 95954 065190091000 AMBROSE JOSEPH A & KAREN J P 0 BOX 101 PARADISE CA 95967-0101 065460001000 KOUSA PAAVO T & ANNELI L 2298 HONEY RUN RD CHICO CA 95928 C 065190002000 . HYDE NOLAN L & LILA I P0BOX 365 MAGALIA CA 95954 065190005000 VANWAGNER THOMAS & KAREN 6494 WOODWARD DR MAGALIA CA 95954 065190011000 DELUCCHI CAROL ANN 284 CRESTA VISTA DR SAN FRANCISCO CA 94127 065190018000 VAIL ALAN G & JANET M 5552 HILL TOP DR PARADISE CA 95969 065190021000 RIEDER DAVID W & SHEILA J 807 SUTTER STREET PALO ALTO CA 94303 065190025000 REGER KARIN H SS 5807 WILDWOOD LANE PARADISE CA 95969 065190092000 GRIFFITH CHRISTOPHER M 6476 HOLLYWOOD RD MAGALIA CA 95954 065460003000 MOYA TONY J & JOANN R 401 S 7TH ST LOMPOC CA 93436 065460006000 065460007000 MORITZ CHRISTOPHER A & SUSAN B SMITH CHARLES B & ALICE R JT 291 WAYLAND ROAD 104 CHELSEA COURT PARADISE CA 95969 FOLSOM CA 95630 065460010000 065460011000 BARIA JAGJIT S MUSCIA GENEVIEVE TRUSTEE 4841 AMBLE BROOK WY 3761 SEASCAPE DR SACRAMENTO CA 95823 HUNTINGTON BEACH CA 92649 ems; 065460012000 PERINATAL ASSOC OF CA FBO SCHNEIDER JACK 3161 FIRST AVENUE 4N SAN DIEGO CA 92103-5660 065460018000 PATTERSON MARGARET DOROTHY 1747 MORGAN LN REDONDO BEACH CA 90278 065460023000 TIPTON ROBERT J & MARGARET A 1980 YORKTOWN MANOR PARADISE CA 95969 065460026000 GLEASON ED SS P 0 BOX 296 MAGALIA CA 95954 065460032000 WILLIAMS R S & SANDEE TRUSTEES 91 VALLEY VIEW DR PARADISE CA 95969 • 65460013000 LOPER JOHN W & IRENE E 9868 E EVANS CREEK ROAD ROGUE RIVER OR 97537 065460019000 JONES SIDNEY W & MILDRED E 2418 SAN ANTONIO C E UPLAND CA 91784 065460024000 HORNSTEIN ROBERT B & EVE 350 EL CAMINO REAL #36 ENCINITAS CA 92024 065460030000 FREELAND BARRY W,ETAL 6221 BREVARD CIR MAGALIA CA 95954 065460040000 BRASCH ANDREW J & JULIE 5439 HARRISON RD PARADISE CA 95969 • 065460017000 CALHOUN WILLIAM & LA VALLA 13965 NIMSHEW RD' MAGALIA CA 95954 065460022000 LAFABREGUE DAVID D 14323 WINCHESTER DR MAGALIA CA 95954 065460025000 GLEASON JOSPEH J TRUSTEE 13854 ANDOVER DR MAGALIA CA 95954 065460031000 PETERS FULLER ETAL P 0 BOX 3509 CHICO CA 95927 065460043000 WAELBROCK OSCAR J & BERNICE I P 0 BOX 1495 PARADISE CA 95967 065460048000 MER CONSULTING YORK ROY D TRUSTEE 7786 SKYWAY J:\projects\Lanys\Exhibits\up0124.doc P 0 BOX 182 PARADISE CA 95954 STIRLING CITY CA 95976 0 �q&.)o� AF 06S - E L a LA. 610 G 02 H�/�� 082 nACJALG C, U IC7 D I" rLH X03 rc �- O c�,� idly - �1 iiia• +., �, v a' 'xx fi. ! �r ,� ,. �= .. � R • � l - it ;, Y; jfIV ii 11# 1 •C � t t • VV ' 1 t 'i t l 1 .1. 11# 1 •C � t t • VV ' 1 t 'i ■ Complete item and 3. Also complete A. Received by (Plewrint Cle rly) B. Date of Delivery item 4 if Restricted Delivery is desired. �� V ■ Print your name and address on the reverse so that we can return the card to you. C. Signa ■ Attach this card to the back of the mailpiece, X ❑ Agent or on the front if space permits. ❑ Addressee DIs delivery ddress di e—n An item . ❑ Yes D. a Selo No If YES, enter deliv 1. Article Addressed to: Tony Vogel 1►0� P.O. Box 618 Magalia, CA 95954 _. 3. Service Type /LB Certified Mail ❑ Express Mail ,,-'UP 01-24---- ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Copy from service label) 7099 3400 0016 8126 0868 PS Form 3811,`July 19991 111 1111 Domestic'Return`Receipt. 1 11 11141 111 1 102595-00-M-0952 UNITED STATES POST*ERVICE Class Mail #ge & Fees Paid Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION 7 County Center 0** Oroville, CA 95965W lift., I IIIIIIIII III fill IIIIIII IIIIIIIIII If 1111111 fit IIIII If 11 }}_ LAN D OF NATU RAL WEALTH AND BEAUTY DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530)538-7785 www.buttecounty.net April 22, 2002 Tony Vogel P.O. Box 618 Magalia, CA 95954 RE: UP 01-24 APN# 065-460-021 Dear Mr. Vogel: Enclosed is Receipt No #20382 in the amount of $169.50 for the above -referenced file. As of this date, the account has a zero balance and is closed. Your quick response is greatly appreciated. Thank you. Sincerely, Diane Lewellen Office Assistant III Enclosure !:\up 0 1-24. Itr.doc Late 04/22/02 Pevelopment Services Departmlont Time 3:28 pm Applicant Billing Worksheet UP 01-24 * Tony Vogel P.O. Box 618 Magalia, CA 95954 In reference to UP 01-24 Rounding None Full Precision No Last bill Last charge 01/18/02 Last payment 04/02/02 Amount Date/Slip# Description 06/23/01 Diane L. / C 436225 Clerical 07/07/01 Larry P. / P #36440 Processing 08/06/01 Steve H. / P 436767 Processing 09/03/01 Steve H. / P #37013 Processing 11/10/01 Lynn R. / C #38096 Clerical 12/22/01 Lynn R. / C 438590 Clerical 01/05/02 Lynn R. / C 438755 Clerical : $169.50 HOURS/RATE 2.00 34.00 1.50 59.00 9.00 59.00 1.75 59.00 0.50 45.00 0.25 45.00 1.00 45.00 TOTAL BILLABLE TIME CHARGES 16.00 TOTAL BILLABLE COSTS TOTAL NEW CHARGES Page 1 AMOUNT TOTAL 68.00 88.50 531.00 103.25 22.50 11.25 45.00 $869.50 $0.00 $869.50 bate 04/22/02 9evelopment Services Depart*t Time 3:28 pm Applicant Billing Worksheet Page 2 UP 01-24 * :Tony Vogel (continued) PAYMENTS/REFUNDS/CREDITS 06/28/01 Deposit - Receipt #19637 (700.00) 04/02/02 Payment - thank you (169.50) TOTAL PAYMENTS/REFUNDS/CREDITS NEW BALANCE ($869.50) TOTAL NEW BALANCE $0.00 DATE RECEIPT NO. TOTAL RECEIVED PUBLIC WORKS LAFCO Taloa V39d 1695° 69-° DATE RECEIPT NO. TOTAL RECEIVED PUBLIC WORKS LAFCO PLANNING PUBLIC SALES ENV. HEALTH FIRE NOE/NOD FIG FEE OTHER APPLICANT RECEIVED FROM OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING RECEIPT 20382 • • March 19, 2002 Tony Vogel P.O. Box 618 Magalia, CA 95954 RE: UP 01-24 APN# 065-460-021 Dear Mr. Vogel: �l1�6 �ii L A N D O F NATURAL WEALTH A N D B E A U T Y DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • . OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530)538-7785 www.buftecounty.net The total cost for the processing of the above -referenced application which was approved by the Planning Commission on December 13, 2001, is $869.00. On June 28, 2001, a deposit was made in the amount of $700.00. The cost exceeded the deposit by $169.50. Below is a breakdown: Deposit on 6/28/01, Receipt #19637 $ 700.00 Professional Planner Mapping Clerical Total $ 634.25 $ 88.50 $ 146.75 $ 869.50 Total Amount Due & Payable $ 169.50 Please make a check payable to the Butte County Treasurer in the amount of $169.50 and remit it to the Department of Development Services, Planning Division at 7 County Center Drive, Oroville, CA 95965 within 30 calendar days. Should you have any questions, please contact this office Monday through Friday, 8:00 a.m. to 4:00 p.m., at 538-7601. Sincerely, O Diane Lewellen Office Assistant III Up01-24 Rate 03/18/02 Time 2:33 pm UP 01-24 lelvelopment Services Department Applicant Billing Worksheet Tony Vogel P.O. Box 618 Magalia, CA 95954 In reference to UP 01-24 Rounding None Full Precision No Last bill Last charge 01/18/02 Last payment / / Amount Date/Slip# Description 06/23/01 Diane L. / C #36225 Clerical 07/07/01 Larry P. / P #36440 Processing 08/06/01 Steve H. / P #36767 Processing 09/03/01 Steve H. / P #37013 Processing 11/10/01 Lynn R. / C #38096 Clerical 12/22/01 Lynn R. / C #38590 Clerical 01/05/02 Lynn R. / C #38755 Clerical TOTAL BILLABLE TIME CHARGES TOTAL BILLABLE COSTS TOTAL NEW CHARGES : $0.00 HOURS/RATE AMOUNT 2.00 68.00 34.00 1.50 88.50 59.00 9.00 531.00 59.00 1.75 103.25 59.00 0.50 22.50 45.00 0.25 11.25 45.00 1.00 45.00 45.00 16.00 Page 1 TOTAL $869.50 Tate 03/18/02 tevelopment Services Department Time 2:33 pm Applicant Billing Worksheet UP 01-24 :Tony Vogel (continued) PAYMENTS/REFUNDS/CREDITS 06/28/01 Deposit - Receipt #19637 (700.00) TOTAL PAYMENTS/REFUNDS/CREDITS NEW BALANCE New Current period TOTAL NEW BALANCE 169.50 Page 2 ($700.00) $169.50 RECEIPT i 20136 �. OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING ISSUED BY RECEIPT TOTAL PUBLIC PUBLIC ENV. NOE/NOD ' DATE NO. RECEIVED WORKS _ LAFCO PLANNING SALES HEALTH FIRE F/G FEE OTHER APPLICANT, RECEIVED FROM^. RECEIPT i 20136 �. OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING ISSUED BY �C v - S 4� • NOTICE OF DETERMINATHO I TO: _ Office of Plan.& Research Dept. d 1400 Tenth Street Sacramento, CA 95814 JAN 1 0 a � cu02 X Butte County Clerk CATV R 3 FROM: Butte County Planning pELER 7 County Center Dr., Oroville 95965 PliTy SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Project Title: UP 01-24, Use Permit AP Number: 065-460-021 Applicant: Tony Vogel, P.O. Box 618, Magalia, CA 95954 State Clearinghouse Number (If submitted to clearinghouse): Contact Person: Stephen Hackney Telephone Number: 538-7601 Project Location: 6443 Hollywood Road, Magalia Project Description: Use Permit for expansion of a pre-existing nonconforming use in the C -C (Community Commercial) zone. This is to advise that the Butte County Planning Commission has approved the above-described project on December 13, 2001, 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 Cen�r Drive Oroville. CA 965 M.A. Melek Principal PI Mitigation Measures: 1. All new outdoor lights shall be fully shielded. Lights shall be directed downward and contained on-site. Direct light shall not be allowed on adjoining properties and roads. (Mitigation Measure) 2. Measures shall be taken to control fugitive dust emissions from all civil construction associated with development of the site. Standard Mitigation Measures to prevent or reduce fugitive dust emissions can be obtained from the Butte County Air Quality Management District. (Mititgation Measure) 3. Prior to the issuance of building permits, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak runoff flow to said channel or facility. (Mitigation Measure) 4. All development activity shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Friday, and 10 a.m. to 6 p.m., Saturday, Sunday, and holidays. (Mitigation Measure) 1 DECLARATION OF FEES DLO 7 il ?alifornia Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT Tony Vogel P.O. Box 618 Magalia, CA 95954 FILING NO. Project Title/file number: 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 O B. Environmental Impact Report $850 State Filing Fee' $25.00 Clerk's Documentary Handling Fee 3. ( ) OTHER (Specify) $25.00 Clerk's Documentary Handling Fee PAYMENT / NON-PAYMENT OF FEES: 1. (X) PAYMENT: The above fees have been paid. See attached receipt(s). 20136 2. () NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: M.A. Meleka Title: Principal Planner Lead Agency: Butte County Department of Development Services Date: January 7, 2002 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. ` CAL&RNIA DEPARTMENT OF FISBIJIND GAME CrRTIFICATE 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 01-24, 6443 Hollywood Road, Magalia Project Description: Use Permit for expansion of a pre-existing nonconforming use in the C -C (Community Commercial) zone. Findings of Exemption (attach as necessary): 1. The County of Butte has conducted an initial study and prepared a Negative Declaration 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. Lead Agency: County of Butte Date: January 7, 2002 r 10 Vq o ao136 a5 .. . L 1 RECEIPT TOTAL PUBLIC LAFCO PLANNING PUBLIC ENV. FIRE NOEMOD F/G FEE OTHER APPLICANT RECEIVED FROM DATE NO. RECEIVED WORKS SALES HEALTH OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING RECEIPT 20136 ISSUED Elf �—L. • TO: X FROM: SUBJECT: NOTICE OF DETERMINATI(Q Office of Plan.& Research Dept. 1400 Tenth Street Sacramento, CA 95814 Butte County Clerk Butte County Planning 7 County Center Dr., Oroville 95965 Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Project Title: UP 01-24, Use Permit AP Number: 065-460-021 Applicant: ITony Vogel, P.O. Box 618, Magalia, CA 95954 State Clearinghouse Number (If submitted to clearinghouse): Contact Person: Project Location: Project Description: Stephen Hackney Telephone Number: 538-7601 6443 Hollywood Road, Magalia Use Permit for expansion of a pre-existing nonconforming use in the C -C (Community Commercial) zone. This is to advise that the Butte County Planning Commission has approved the above-described project on December 13, 2001, 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 CEOA. X A Negative Declaration was prepared for this project pursuant to the provisions of CEOA. 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 CenAr Drive M.A. Mel Principal Mitigation Measures: 1. All new outdoor lights shall be fully shielded. Lights shall be directed downward and contained on-site. Direct light shall not be allowed on adjoining properties and roads. (Mitigation Measure) 2. Measures shall be taken to control fugitive dust emissions from all civil construction associated with development of the site. Standard Mitigation Measures to prevent or reduce fugitive dust emissions can be obtained from the Butte County Air Quality Management District. (Mititgation Measure) 3. Prior to the issuance of building permits, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak runoff flow to said channel or facility. (Mitigation Measure) 4. All development activity shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Friday, and 10 a.m. to 6 p.m., Saturday, Sunday, and holidays. (Mitigation Measure) w DECLARATION OF FEES DiS flifornia Fish and Game Code Sectio 711.4) NAME AND ADDRESS OF APPLICANT Tony Vogel P.O. Box 618 Magalia, CA 95954 FILING NO. Project Title/file number: CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION () A. Statutorily or Categorically Exempt $25.00 Clerk's Documentary Handling Fee (X) B. De Minimus Impact - Certificate of Fee Exemption $25.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION - FEE REQUIRED () A. Negative Declaration $1,250 State Filing Fee $25.00 Clerk's Documentary Handling Fee () B. Environmental Impact Report $850 State Filing Fee $25.00 Clerk's Documentary Handling Fee 3. ( ) OTHER (Specify) $25.00 Clerk's Documentary Handling Fee PAYMENT / NON-PAYMENT OF FEES: 1. (X) PAYMENT: The above fees have been paid. See attached receipt(s). 20136 2. () NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: M.A. Meleka Title: Principal Planner Lead Agency: Butte County Department of Development Services Date: January 7. 2002 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. CAL RNIA DEPARTMENT OF FISH&vD GAME CIFICATE OF FILING FEE EXION 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 01-24, 6443 Hollywood Road, Magalia Project- Description: Use Permit for expansion of a pre-existing nonconforming use in the C -C (Community Commercial) zone. Findings of Exemption (attach as necessary): 1. The County of Butte has conducted an initial study and prepared a Negative Declaration 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. Lead Agency: County of Butte Date: January 7. 2002 �� oa ao136 a5' ^ RECEIPT TOTAL PUBLIC LAFCO PLANNING PUBLIC ENV. FIRE NOEMOD OTHER APPLICANT RECEIVED FROM DATE NO. RECEIVED WORKS SALES HEALTH F/G FEE OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING RECEIPT 20136 ISSUED Elf 01dA_L'2adz&_'l rEu ite coun 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 January 7, 2002 Tony Vogel P.O. Box 618 Magalia, CA 95954 CERTIFIED MAIL Re: Use Permit UP 01-24, AP 065-460-021, Dear Mr. Vogel: Enclosed is your validated Use Permit No. UP 01-24 to allow Use Permit for expansion of a pre- existing nonconforming use in the C -C (Community Commercial) zone. located at 6443 Hollywood Road, Magalia. 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, Lynn dson Planning/Administrative Support Service Assistant Enc. cc: Land Development Division Building Division Environmental Health Department of Forestry Cc Co0 ru f ; Postage '$" 10 G w.. , t C CO Certified Fee -n 7r '` -• ,--p Return Receipt Fee; ; Postmark N Iq (Endorsement Required)- Here lr', r. O�O Restricted Delivery Fee .-1/7/02 (Endorsement Required) r-3 A C3 Total Postage & Fees $ t r; M z R °onp a�� le a pnt Clearly) (to be completed by mailer) Q- g 1 St t, qpt. No.; r PO Bo _8 .. - d'State, Z •-+e ----------------------------------------- '` kaga�ia, CA 95954 USE PERMIT BUTTE COUNTY PLANNING COMMISSION 90,7W DATE: (Certified Mail Rec) UP 01-24 PERMIT NO. 065-460-021 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below, Tony Vogel is hereby granted a Use Permit ih'accordance with the application filed for an expansion of a nonconforming structure in the C -C zone. 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. Zia -,•blullll,u '-V�'p: lI11J lJl.11llll-111 U_JL VGrGJIQVll countersigned permit to the Permittee. 3. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works, or their respective designee, upon receipt of a substantiated written request by the applicant. 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 r 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: Planniniz Division 1. All new outdoor lights shall be fully shielded. Lights shall be directed downward and contained on-site. Direct light shall not be allowed on adjoining properties and roads. (Mitigation Measure) 1 2. Measures shall be taken to control fugitive dust emissions from all civil construction associated with development of the site. Standard Mitigation Measures to prevent or reduce fugitive dust emissions can be obtained from the Butte County Air Quality Management District. (Mititgation Measure) 3. Prior to the issuance of building permits, a plan for a permanent solution for drainage shall be submitted -to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak runoff flow to said channel or facility. (Mitigation Measure) 4. All development activity shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Friday, and 10 a.m. to 6 p.m., Saturday, Sunday, and holidays. (Mitigation Measure) 5. 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 date- stamped June 28, 2001, and is incorporated herein by this reference. Public Works 6. Prior to the issuance of building permits, obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. 7. Prior to the issuance of building permits, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak runoff flow to said channel or facility. Fire Department 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), as well as all other applicable State/County codes, ordinances, and regulations in effect at the time of application for improvement permits. 9. Building identification and/or addresses shall be installed in conformance with Public . Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. 10. In lieu of a pressurized water system or water storage tank, payment of $200.00 per parcel into the Battalion 1 water tender fund, is required prior to the issuance of a building permit. OA 11. Provide an all weather access to all structures. The access shall have a minimum 10 -foot width and 15 -foot vertical clearance, and be able to accommodate a 40,000 pound fire apparatus. . Environmental Health Division 12. Future development on lot, including storm drain trenches, must not encroach upon repair area for septic system. Other Conditions 13. Applicant must also comply with all other applicable State/local statutes, ordinances, and regulations. 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: � � 0 _ Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Division permits before starting construction, nor does it waive any other requirements. Butte County Planning Commission Chairman CC: Land Development Division Building Division Environmental Health Department — - - -- Butte County Fire Department/CDF Assessor's Office 3 MEMORANDUM PLANNING DEPARTMENT TO: Butte County Assessor's Office FROM: Butte County Planning Department SUBJECT: Tony Vogel, UP 01-24 DATE: January 7, 2002 Pursuant to Section 65863.5 of the Government Code, the following parcel identified as 065-460-021, was: Rezone from to zoning district. Granted a variance to X Issued a conditional Use Permit Use Permit for expansion of a pre-existing nonconforming use in the C -C (Community Commercial) zone., 6443 Hollywood Road, Magalia, zoned CC (Community Commercial) December 17, 2001 Tony Vogel P.O. Box 618 Magalia, CA 95954 Re: Use Permit, AP, UP 01-24 Dear Mr. Vogel: �1 �utte Count 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 13, 2001, your request for a Use Permit for expansion of a pre-existing nonconforming use in the C -C (Community Commercial) zone., 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., Wednesday, December 26, 2001. 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 Hackney at this office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, G�� _ Lynnardsc n o Planning/Administrative Support Service Assistant Ar kdforms\approvup. frm • November 15, 2001 • BUTTE COUNTY PLANNING COMMISSIOP NOTICE OF PUBLIC HEARING AND NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION Q Notice is hereby given by the Butte County Planning Commission that a public hearing will be held on December 13, 2001 in the Butte County Board of Supervisors' Room County Administration Center, 25 County Center Drive, Oroville, California, at 9:30 a.m. regarding the following item: In accordance with the California Environmental Quality Act (CEQA), an Initial Study has been prepared for the following project: MITIGATED NEGATIVE DECLARATION/USE PERMIT Tony Vogel, Use Permit to expand a nonconforming use in the C -C zone (Community - Commercial). The existing metal building is 2,400 square feet. The expansion would consist of an additional 4,000 -square foot metal structure. The structure would be a metal corrugated building whose main purpose would be for the storage of materials and supplies to maintain and conduct the current assembling/manufacturing of the chiropractic tables. No other activities are anticipated within the expansion area. The applicant currently employs two other individuals and does not anticipate any more full- time employees. The area where the expansion would be located has been cleared of trees and the slope from the rear to the front of the lot has been leveled. The property is located on the north side of Hollywood Road, at 6443 Hollywood road, approximately 500 feet east of the Skyway, in the Magalia area. APN 065-460-021 (CBS) (UP 01-24) The initial study for the project identifies potentially significant effects, but revisions in the project plans or proposals made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur. Therefore, Planning Division staff is recommending a Mitigated Negative Declaration. The Initial Study and Proposed Mitigated Negative Declaration for this project are on file for public review starting, November 23, 2001 through December 12, 2001, at the Butte County Planning Division, 7 County Center Drive, Oroville, California. All interested persons are invited to review the document. Written comments will be accepted by the Planning Division at the above address. If you challenge either the Mitigated Negative Declaration or the Use Permit 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 Division at, or prior to, the public hearing. 0 • For further information regarding this project, please contact Craig Sanders, project planner, at the Butte County Planning Division at (530) 538-7603. BUTTE COUNTY PLANNING DIVISION TOM BUFORD, INTERIM DIRECTOR OF DEVELOPMENT SERVICES To be published in the Paradise Post on Thursday, November 22, 2001. 0 MITIGATED NEGA LEGAL # 562-01 TIVE DECLARA- I'TION/USE PERMIT In the margin hereof is a true printed copy, was newspaper in the issues of: NOVEMBER 22, 2001 and that such publications was made in the regular issu (and not in any supplemental edition or extra thereof). I declare under penalty of perjury that the foregoing is Executed on NOVEMBER 22, 2001 Tony Vogel, Use Permit to expand a nonconforming use in the C -C zone (Community- The exist- ing metal building is 2,400 square feet. The expansion would con- sist of an additional 4,000 -square foot metal structure. The structure would be a. metal corrugated build - Declarant 0 ing whose main pUr- Proposed Mitigal Paradise Post Negative .Declar tl x storage . of materials BUTTE COUNTY and supplies to main- PLANNING COMMISSION tain and conduct the. NOTICE OF PUBLIC Declaration of Publication HEARING manufacturing of the ANQ chiropractic tables. No NOTICE OF INTENT other activities are TO ADOPT A MITI- State of California ATED GDECLA ATIONE County of Butte }' applicant currently interested persons:. Notice is hereby given invited to. review;. by the Butte County Declarant Says: Planning Commission that a public hearing That at all times herein mentioned Declarant is and wa will be '.held on said county of Butte over the age of twenty-one years; December 13, 2001 in interested in the within matter; that Declarant is now ai the Butte County Board Supervisors' Room times herein mentioned the Legal Clerk of the Paradis County Administration County weekly newspaper, which said newspaper was adjudge, Center, -25 County general circulation on November 12, 1946, by Superior Center Drive, Oroville, . Califomia, at'9:30 a.m. No. 22262 as entered in Book 30 Page 223 of said Cow regarding the following newspaper is printed and published every Tuesday, Tht: item: Saturday in Paradise in said County of Butte; and that ti In accordance with.the been Ieveled..The prop California BUTTE COUNTYY PLANNING COMMISSION Environmental Quality NOTICE OF PUBLIC HEARING Act , , an .Initial as been pre= Studyy has AND NOTICE OF INTENT TO ADOPT A MITIGATI pared for the following DECLARATION project: MITIGATED NEGA LEGAL # 562-01 TIVE DECLARA- I'TION/USE PERMIT In the margin hereof is a true printed copy, was newspaper in the issues of: NOVEMBER 22, 2001 and that such publications was made in the regular issu (and not in any supplemental edition or extra thereof). I declare under penalty of perjury that the foregoing is Executed on NOVEMBER 22, 2001 Tony Vogel, Use Permit to expand a nonconforming use in the C -C zone (Community- The exist- ing metal building is 2,400 square feet. The expansion would con- sist of an additional 4,000 -square foot metal structure. The structure would be a. metal corrugated build - Declarant 0 ing whose main pUr- Proposed Mitigal pose would be for the Negative .Declar tl x storage . of materials � for. this proi' and supplies to main- file.: •for,'06bIlggr8vr tain and conduct the. starting; Novembe--A current assembling/ 2001 -' ^,: throe manufacturing of the December 12, 20Qt, chiropractic tables. No the ButteCou other activities are Planning Division; anticipated within the County Center : Dri expansion area. The Oroville, Californ'ia:f applicant currently interested persons:. employs. two other indi- invited to. review;. viduals and does not . document. Writ anticipate any • more comments = ( will,jp full-time '- employees.accepted, ,,by,,., The area wheie. the Planning Division,at. expansion would be above address. located has been cleared of trees and the If you challenge. eil slope from' the rear to the Mitigated Nega the front of the lot has Declaration: or.,th.07 been Ieveled..The prop Permit.,• in " cou.rl,4 erty is located on the may ;Am north side of Hollywood ing only those ! iss, Road, at . 6443 you or .someone.,1 'the Hollywood • road, raised at ,eoy approximately 500 feet hearing described east of the Skyway, in' this notice, or in .wit the Magalia area. APN corresp(mdenceleth 065-460-021 (CBS) 4i6IIto �tFi� PI (UP 11-24) biviON('.- t;'or;pr0 The initial study for the �. For further information; project identifies poten- . tially significant. effects, regarding this project -1' but revisions in the pro- please contact-;,Ciai;1 ject plans or proposals Sanders, project' plan=�l made by or, agreed to , ner, at the Butte County. •'at, by the applicant would Plan ning:-.DiAsFon avoid the effects or mit- (530) 538-7:603.w:;5:�!?: igate the effect, to a%''-4. point where clearly no. BUTTE:.COUKTY significant effects PLANNING DIVISI.OW would occur. Therefore, TOM BUFORD; Planning Division staff ' INTERIM DIRECTOR' is recommending a OF DEVELOPMENT. Mitigated Negative SERVICES Declaration. `aqui+ November 22; 20W >C' The Initial Study and 562-01 ur< November 27, 2001 Tony Vogel P.O. Box 618 Magalia, CA 95954 Re: Use Permit, AP 065-460-021, UP 01-24 Dear Mr. Vogel: B E A U T Y 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 Enclosed is a copy of the Agenda Report concerning your application for a Use Permit for expansion of a pre-existing nonconforming use in the C -C (Community Commercial) zone. 6443 Hollywood Road, Magalia. 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 13, 2001, 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 Hackney of this office at 538-7601, between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant Enc. cc: MER Consulting Civil Engineer j Awpdocs\pclts\schedule. mrg U • BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT - OCTOBER 25, 2001 Applicant: Tony Vogel File #: UP 01-24 Request: Use Permit to expand a nonconforming use in the C -C zone G.P.: Commercial Zoning: C -C (Community -Commercial) APN: 065-460-021 Location: On the north side of Hollywood Road, at 6443 Hollywood Road, approximately 500 feet east of the Skyway, in the Magalia area STAFF COMMENT: Parcel Size: 0.42 acres Zone date: March 18, 1975 Project Stephen Hackney Planner: Associate Planner Supervisor District: 5 Attachments: A. General Plan/Zoning Map B. Vicinity Map C. Public Notice Map D. Draft Initial Study E. Site Plan Staff recommends approval of this Use Permit with mitigation measures and conditions. PROJECT DESCRIPTION/SITE CHARACTERISTICS: This is an application for a Use Permit to allow an expansion of a legal, nonconforming manufacturing use located in the C -C (Community Commercial) zone. The size of the existing metal building is 2,400 square feet. The expansion would consist of an additional 4,000 square foot metal structure. The structure would be a metal corrugated building whose,main purpose would be for warehousing parts and supplies. No other activities are anticipated within the expansion area. The applicant currently employs two other individual and does not anticipate any more full-time employees. The area where the expansion would be located has been cleared of trees and the slope from the rear to the front of the lot has been leveled. The site has a slope of approximately 3% and drains to the west/southwest. Elevation is at 2440 feet above sea level. Annual precipitation is approximately 70 inches. The project is located in a high fire area. California Department of Forestry Battalion Station 31 is approximately 0.5 miles to the north. Soil type is Aiken, which is deep and in excess of 40 inches, drainage is good with few limitations. There is no wildlife on-site. 0 BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT 0 PAGE 1 0 Except for areas of landscaping, all shrubs and trees have been cleared from the parcel. Access is from Hollywood Road, approximately 500 feet east of the Skyway. The area for the proposed 4,000 - square foot expansion building has been cleared and leveled. It is planned the proposed corrugated metal building will be attached to the existing 2,400 square foot corrugated metal building. The project site consists of one parcel, approximately 60' x 300' in size, or approximately 0.42 acres, owned by the applicant. The proposed building expansion would be attached to the back end of the existing structure, away from the frontage along Hollywood Road. The 0.42 -acre parcel is developed with a 2,400 -square foot structure used for manufacturing purposes. The existing structure is set back approximately 97 feet from the road. This provides adequate space in the front for parking. Once the proposed expansion is completed, adequate parking would also be available in the back of the 6,400 -square foot structure. Access to the site is from a single, wide entrance on Hollywood Road. Access to the back of the present structure is provided by an unpaved access along the west side of the building. While the entrance at Hollywood Road is paved, the area in front of the building would be graveled. This would promote infiltration of runoff. Sewage disposal for the existing structure is handled by an on- site septic system. Sewage disposal for the proposed expansion would be handled by the on-site septic system. Domestic water for the site is obtained from the Del Oro Water Company. The project site is relatively level with a slope from 0-3%. There is an on-site drainage trench with a drainage inlet. The site has been graded to drain from the back of the property to the front, leaving intact the natural drainage pattern. The project site is zoned C -C (Community -Commercial). The site is designated by the Butte County General Plan Land Use Map as Commercial. Surrounding parcels are zoned C -C. Surrounding parcels range in size from 0.31 acre to 0.48 acre. Land uses on surrounding parcels include a tri-plex unit, an eight -unit apartment complex, a single family mobile home, manufacturing businesses, commercial uses, and vacant land. The project site, located north of the Town of Paradise, is not within its Sphere of Influence. The site is not within the influence zone of any airport facility. ANALYSIS: General Plan and Zoning: The project site is designated as Commercial by the General Plan. Zoning for the site is C -C (Community -Commercial). Neither the General Plan Land Use designation nor the zoning classification provide for manufacturing uses such as this project. The manufacturing use on this parcel was approved in 1998 by the Department of Development Services. Building permits were issued; the present building was constructed and manufacturing uses commenced. For 3+/- years manufacturing uses have existed on this site without incident, complaints, and any code violations. The manufacturing use constitutes a nonconforming use in the C -C zone. The applicant may continue using the building and this site to conduct his business without any discretionary permits from the County. The applicant would like to expand the building in order to store his materials and supplies, for they are currently stored outside and across the road on a neighboring parcel. This request constitutes an expansion of a nonconforming use. The Butte County Code Section 24-35.20 0 BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT 0 PAGE 2 0 Change Or Expansion Of Nonconforming Use, provides for the expansion of the applicant's facilities with approval of a Use Permit, where it is shown that the use would not conflict with, impair, or be detrimental to the uses of the zone. Surrounding Uses and Compatibility: This project is located in upper Magalia, in an area zoned C -C. A site visit indicates that very few commercial uses exist within the boundaries of the C -C zone. Existing within the vicinity of the subject site are multi -family units (allowed with a Use Permit) a radiator repair shop, an automotive repair shop, a transmission shop, a motorcycle repair shop, a tire repair shop, several buildings being used for manufacturing purposes, a mini storage, contractors' storage structures, and a portable log milling operation. There was no evidence that any of the uses permitted by right actually exist in the approximate 24 -square mile area zoned C -C. There are several uses, allowed with approval of a Use Permit, that exist within this area. These uses include the multi -family residences, the single family mobile home, and the mini storage. There is no provision in the C -C zoning classification that allows for all the other uses that currently exist in this C -C zoned area of upper Magalia. Without in-depth research, it is unknown how these other varied uses originated in this area. The character of this area, defined by the uses in existence, is more consistent with uses permitted in an industrial zone such as L -I (Limited Industrial). The previous property, Phil Green, submitted building plans for a manufacturing use in April 1998. The Department, both Building Division and Planning Division, signed off on the application. A Certificate of Occupancy was issued August 20, 1998. The current owner, Tony Vogel, has applied for building permits to expand the current 2,400 -square foot structure, adding an additional 4,000 square feet, for a total of 6,400 square feet. With the request to expand the building by more than twice the current size, the Department has required the applicant to apply for a Use Permit on the basis that the request constitutes an expansion of a pre-existing, nonconforming use as defined (under County Code Section 24-35.20 Change Or Expansion Of Nonconforming Use.) The applicant's request, to expand a building for a nonconforming use, may not be consistent with the zoning classification, but it is compatible with the character of the neighborhood and is compatible with the varied uses on the surrounding parcels. Traffic: The proposed expansion of the building, to provide storage room for the materials necessary for the manufacture of chiropractic tables, would not result in any increase in traffic. The operations of the business are not expected to change. The applicant has indicated that he does not expect any measurable increase in businessorders, nor does he expect the growth of his business to require any additional employees in the near future. Currently, there are two employees and the owner. The number of delivery trucks and distribution trucks are not going to increase over the current requirements for the past year. There would not be any measurable increase in traffic on the Skyway or Hollywood Road as a result of the building expansion. 0 BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT 0 PAGE 3 ■ ACTIONS FOR CONSIDERATION: Staff recommends that the Planning Commission take the following actions: I. Adopt a Mitigated Negative Declaration with the following findings: A. 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; and B. The Planning Commission independently reviewed, analyzed and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, and hereby finds that the Negative Declaration with mitigation measures reduces impacts below levels of significance and reflects the independent judgment of Butte County. II. The design of the proposed project improvements would 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 01-24, subject to the following findings and conditions in Exhibit "A": A. The proposed uses of the property would not impair the integrity and character of the zone in which the land lies, and would not be unreasonably incompatible with, or injurious to, surrounding properties or detrimental to the health and general welfare of the persons residing or working in the neighborhood, or to the general health, welfare and safety of the residents of the County as supported by the following: 1. Expansion of the existing building for manufacturing purposes is consistent with the pre-existing specific use of the assembling of chiropractic tables which has been in operation for the past year and is consistent with.the pre- existing general manufacturing use. 2. Approval of the request to expand the building to facilitate the current manufacturing use is consistent with the character of the uses on the surrounding parcels in this zoning district. 3. Surrounding properties would be protected from runoff and erosion from on- site drainage facilities and a retaining wall constructed on the west side of the property. 0 BUTTE.COUNTY PLANNING COMMISSION AGENDA REPORT ■ PAGE 4 ■ • • 4. Aesthetic and safety impacts from the effects of night lighting on the nearby residential development is addressed through the inclusion of Planning Division Condition #1 regarding installation and use of lighting. 5. Air quality would not be adversely impacted as a result of project approval with the inclusion of Butte County Air Quality Management District requirements regarding control of dust and addressed in Planning Division Condition #2. 6. Project improvements, including fences, landscaping, and walls serve to make the project compatible with the surrounding area. ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT 0 PAGE 5 0 • EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION' • DATE: (Certified Mail Rec) UP 01-24 PERMIT NO. 065-460-021 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below, Tony Vogel is hereby granted a Use Permit in accordance with the application filed for an expansion of a nonconforming structure in the C -C zone. 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, or their respective designee, upon receipt of a substantiated written request by the applicant. 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 Permpermit ittee, the 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. ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT 0 PAGE 6 ■ Conditions of Approval: Planning Division All new outdoor lights shall be fully shielded. Lights shall be directed downward and contained on-site. Direct light shall not be allowed on adjoining properties and roads. (Mitigation Measure) 2. Measures shall be taken to control fugitive dust emissions from all civil construction associated with development of the site. Standard Mitigation Measures to prevent or reduce fugitive dust emissions can be obtained from the Butte County Air Quality Management District. (Mititgation Measure) 3. Prior to the recordation of the issuance of building permits, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak runoff flow to said channel or facility. (Mitigation Measure) 4. All development activity shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Friday, and 10 a.m. to 6 p.m., Saturday, Sunday, and holidays. (Mitigation Measure) 5. , 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 date- stamped June 28, 2001, and is incorporated herein by this reference. Public Works 6. Prior to the issuance of building permits, obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. 7. Prior to the recordation of the issuance of building permits, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak runoff flow to said channel or facility. Fire Department 8. Construction, installation or development of structures or facilities on the parcels/lots shall 0 BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ PAGE 7 0 0 0 comply with the latest California Fire Safe Regulations (Public Resources Code 4290), as well as all other applicable State/County codes, ordinances, and regulations in effect at the time of application for improvement permits. 9. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. 10. In lieu of a pressurized water system or water storage tank, payment of $200.00 per created parcel into the Battalion 1 water tender fund, is required prior to the issuance of a building permit. 11. Provide an all weather access to all structures. The access shall have a minimum 10 -foot width and 15 -foot vertical clearance, and be able to accommodate a 40,000 pound fire apparatus. Environmental Health Division 12. Future development on lot, including storm drain trenches, must not encroach upon repair area for septic system. Other Conditions 13. Applicant must also comply with all other applicable State/local statutes, ordinances, and regulations. 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 Division permits before starting construction, nor does it waive any other requirements. Butte County Planning Commission Chairman CC: Land Development Division Building Division Environmental Health Department 0 BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT 0 PAGE 8 0 0 0 Butte County Fire Department/CDF Assessor's Office 0 BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT 0 PAGE 9 ■ Vicinity Map ON jo ----- ----------------- ----------------------- --------- - --------------------------- ----- -- AR 2112 ran- dvewA_v_e---- ------------ ------ ----- ---- , Hidden e Nooch iard E r C T -1A Bo Ider Tom Brown Ln Holl ood Rd --------- T Project Location Tall fines _ r to U ----------------- ------ -- -- .� c � AR 2112 ----- fine _ ------- Th � Bluebe Ln --------- --- ------ -- J C -C -2 2 e Rd -1A -1 a�ff 1 H 300 0 300 600 900 1200 1500 1800 Feet BUTTE COUNTY PLANNING CONEVIISSION Applicant: Tony Vogel Owner: Same Hearing Date: December 13, 2001 @ 9:30 at. Existing Zone: C -C (Community Commercial) N Supervisorial Request: Minor Use Permit to allow the expansion of a pre-existing nonconforming use. District # 5 Assessor Parcel No: 065-460-021 Me: UP 01-24 C randy ew-Ave---- ----- r ff > r •.� , it i e � •✓, r < Jig' :Y t + .+ ' '> 'it � ��� ,.'.e 7yJ' t �� g SEX O �i,• and r • >, x i T A Bo Iden ----------------- 'rter•` � � > J . c s r " ��, i� ? r a K sr r Holl Rd x `� $� 'yam" ' • � � � �; ' � S < .�` � 3.� � ?� Project Location ti r �� r �. �: ��. � � ,•.F � Tall roes r ` a ; •� ;�: ,�,;: �-�.*u ;fix � --- - - - -- --- ---- `<,' -------------------- ---- ---- wo ' • :. ..< un _-_ JI ,U • s t ,�G• a wy� `/ >� ,/�'''!a o �ti4 ir'a�trr &�•tc }. -1A L7 '•> 1 s ', it 300 0 300 800 900 1200 1500 1800 Feet BUTTE COUNTY PLANNING COMIVIISSION Applicant: Tony Vogel Owner: Same Hearing Date: December 13, 2001 @ 9:30 a.m. Existing Zone: C -C (Community Commercial) N Supervisorial Request: Minor Use Permit to allow the expansion of a pre-existing nonconforming use. District # 5 Assessor Parcel No: 065-460-021 Fue:UP 01-24 E� November 8, 2001 Tony Vogel P.O. Box 618 Magalia, Ca 95954 .. 6,affe C L A N D O F N A T U R A L W E A L T H A N D 8 E A U T Y Re: Use Permit, APN 065-460-021, UP 01-24 Dear Mr. Vogel: PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 Pursuant to Section 15063 of the Guidelines for California Environmental Quality Act (California Code of Regulations, Title 14, Chapter 3), an Initial Study has been prepared to determine if the above referenced project may have significant adverse effects on the environment. The Initial Study determined that mitigation measures are necessary to prevent the project from causing significant impacts to the environment, and a Mitigation Negative Declaration is proposed. Please review the enclosed initial study and recommended mitigation measures, noting particularly any environmental problems which could be minimized or avoided by the care and manner in which the project is carried out. Section 15070(b)(1) of the Guidelines requires that the project applicant, or his or her agent, provide a written consent to the proposed mitigation measures prior to release of the proposed Mitigated Negative Declaration and Initial Study for public review. The recommended mitigation measures constitute a revision to the project. If you agree to the mitigation measures, please sign Section 8 of the Initial Study and return to the Planning Division. The Initial Study will be released for public review and the project set for a public hearing by the December 13, 2001, Planning Commission meeting, once we have received the signed Initial Study. The signed Initial Study must be retuned to this office by November 15, 2001, in order to order to be publish for the December 13 meeting. If you do not agree to the mitigation measures, please contact this office as soon as possible to discuss possible alternatives. Should you have any further questions regarding this Mitigated Negative Declaration, please contact me between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday, at (530) 538- 7153, or via E-mail at sbetts@buttecounty.net. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistnat Enclosure • • DEVELOPMENT SERVICES DEPARTMENT BUTTE COUNTY INITIAL STUDY AND PROPOSED MITIGATED NEGATIVE DECLARATION FOR UP 01-24 (VOGEL) Project Name: Tony Vogel Use'Permit, File # UP 01-24 • COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES INITIAL STUDY FOR UP 01-24 (VOGEL) 1.0 PROJECT INFORMATION A. Applicant/Owner: Tony Vogel B. Engineer: MER Consulting, Civil Engineer -7786 Skyway, Paradise, CA C. Staff Contact: Craig Sanders, Senior Planner or M. A. Meleka, Principal Planner (530) 538-7603 or 538-6572 D. Proiect Name: Use permit application for Tony Vogel E. Proiect Location: On the north side of Hollywood Road; at 6443 Hollywood Road, approximately 500 feet east of the Skyway, in the Magalia area. F. Type of Application(s): Use Permit G. Assessor's Parcel Number(s): 065-460-021 H. Proiect Site Size: 0.42 acres I. Current Zoning: C -C (Community Commercial) I General Plan Designation: Commercial K. Environmental Setting: The project site consists of one parcel approximately 60 feet x 300 feet, owned by the applicant. The existing 2,400 -square foot corrugated metal building was constructed approximately three years ago. The building, which fronts on Hollywood Road, sets approximately 97 feet back from the front property line. The proposed expansion would be attached to the back end of the existing structure. The project site is located in a non -urban area. The site is bordered to the north by an eight -unit apartment complex, behind the project site. The complex sits approximately 100 feet back from the property boundary. A tri-plex multi -family unit is located along the east side of the project site. Vacant parcels adjoin the project site to the west. Across Hollywood Road, to the south, sits a single mobile home set well back from the road; the other lots consist of a vacant lot, a mini -storage facility, and a building housing a motorcycle and auto repair business. The 0.42 -acre parcel is developed with a 2,400 -square foot corrugated metal building, a septic tank and leachfield, seepage trench, propane tank, landscaped area, and parking spaces. Access to the site is from one driveway entrance off of Hollywood Road. Sewage disposal is currently handled by the on- site septic system. Domestic water for the site is obtained from the Del Oro Water Company. The project site has been leveled, but retains a slight sloping feature toward Hollywood Road to the south and contains a drainage trench. The project site is zoned C -C (Community -Commercial) and is designated by the Butte County General Plan as Commercial. Surrounding parcels are zoned C -C. East of the C -C zone, the zoning classification changes to RT -1A (Residential -Mobile Home -1 acre minimum). The project site is outside the Town of Paradise's Sphere of Influence, as well as the Magalia/Firhaven Watershed Protection Zone. Surrounding parcels range in size from 0.31 to 0.48 -acre parcels. Land uses on surrounding parcels vary from vacant and undeveloped lots to multi -family dwelling units. There are also other manufacturing uses established on nearby parcels, including a couple of other manufacturing operations, a transmission shop, an auto repair business, and a motorcycle business. While the immediate surrounding area is zoned C -C, very little Community Commercial use is existent; the area is characterized by mixed uses ranging from manufacturing and mini -storages to multi -family dwellings permitted with use permits. ■ Butte County Department of Development Services ■ Planning Division ■ Page 1 ■ Project Name: Tony Vogel Uermit, File # UP 01-24 • L. Surrounding Land Uses: Vacant and undeveloped lots, multi -family dwelling units. M. Proiect Description: This is an application for a Use Permit to allow an expansion of a legal, nonconforming manufacturing use located in the C -C (Community Commercial) zone. The existing metal building is 2,400 square feet. The expansion would consist of an additional 4,000 -square foot metal structure. The structure would be a metal corrugated building whose main purpose would be for the storage of materials and supplies to maintain and conduct the current assembling/manufacturing of the chiropractic tables. No other activities are anticipated within the expansion area. The applicant currently employs two other individuals and does not anticipate any more full-time employees. The area where the expansion would be located has been cleared of trees and the slope from the rear to the front of the lot has been leveled. N. Public Agency Approvals: Butte County Environmental Health Department, Butte County Public Works Department, and Butte County Fire Department. 2.0 DETERMINATION [ ] I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. [X] I find that although the proposed project COULD have a significant effect on the environment, there will NOT be a significant effect in this case because revisions have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. [ ] I find that the proposed project COULD have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. [ ] I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. [ ] I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Prepared by: Date Reviewed by: M. A. Meleka, Principal Planner Date 3.0 POTENTIALLY SIGNIFICANT EFFECTS CHECKLIST SETTING A. 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. [X] 4.1 Aesthetics [ ] 4.2 Agriculture Resources [X] 4.3 Air Quality [ ] 4.4 Biological Resources [ ] 4.5 Cultural Resources [ ] 4.6 Geologic Processes ■ Butte County Department of Development Services ■ Planning Division ■ Page 2 ■ Project Name: Tony Vogel1R miit, File # UP 01-24 • [ ] 4.7 Hazards/Hazardous Material [X] 4.8 Hydrology/Water Quality [ ] 4.9 Land Use [ ] 4.10 Mineral Resources [X] 4.11 Noise [ ] 4.12 Housing [ ] 4.13 Public Services [ ] 4.14 Recreation [ ] 4.15 Transportation/Traffic [ ] 4.16 Utilities/Service Systems [X] 4.17 Mandatory Findings of Significance B. , 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) "Reviewed Under Previous Document." Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used: Identify and state where they are available for review. b) Impacts Adequately Addressed: Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. C) Mitigation Measures: For effects that are "Less Than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) The explanation of each issue should identify: a) The significance criteria or threshold, if any; used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significant. ■ Butte County Department of Development Services ■ Planning Division ■ Page 3 ■ Project Name: Tony Vogel Veermit, File # UP 01-24 • 4.0 ENVIRONMENTAL IMPACTS: 4.1 AESTHETICNISUAL RESOURCES: Would the Potentially Less Than Less Than No Reviewed proposal: significant significant significant Impact Under Impact with Impact Previous Mitigation Document Incorporated 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 X area? Impact Discussion: This project would allow the construction of a 4,000 square feet (100 feet by 40 feet), 13.8 -foot tall warehouse building. The building would be a corrugated metal structure. The proposed building would be attached to the existing corrugated metal structure which is located approximately 97 feet from Hollywood. The proposed building would be difficult to distinguish from the existing structure from Hollywood Road due to the location behind the existing building and due to the slope of the adjoining parcels. The new structure would be very visible from the parcel to the north of the site. The project site is not located along a County or State designated scenic highway. Structures in the area consist of a mixture of commercial and manufacturing buildings, two-story apartment buildings, and single family dwellings. Because the proposed building would be difficult to see from Hollywood Road and other structures in the area are two stories, the project would not create a significant aesthetic impact. Additional outdoor lights may be required to be placed on or around the proposed warehouse building for safety and security reasons. In order to prevent new. outdoor lights from creating an impact to the residents on the adjacent parcels, all new outdoor lights are required to be fully shielded. Mitigation Measure # 1: All new outdoor lights shall be fully shielded. Lights shall be directed downward and contained on-site. Direct light shall not be allowed on adjoining properties and roads. Plan Requirements: All new outdoor lights shall be shown on building plans. Timing: The condition shall be adhered to at all times. Monitoring: The applicant is responsible for ensuring that all new lights on the site are fully shielded'and that the light does not leave the project site. The Building Division plan checkers shall ensure that all outdoor lights shown on building plans are fully shielded. 0 Butte County Department of Development Services ■ Planning Division ■ Page 4 ■ Project Name: Tony Vogel Usetrmit, File # UP O1-24 0 4.2 AGRICULTURE RESOURCES: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the, X maps prepared pursuant to the Farmland Mapping and X Monitoring Program of the California Resources Agency, X to non-agricultural use? b. Conflict with existing zoning for agricultural use, or a Williamson Act Contract? X X c. Involve other changes in the existing environment which, due to their location or nature, could result in conversion X of Farmland, to non-agricultural use? Impact Discussion: No agricultural uses are established on the project site or in the project area. The project site is designated for commercial uses and is currently developed with a light industrial use. There is no California Land Conservation Agreement ("Williamson Act") contract affecting the property. The project would not have an impact on agricultural uses. Mitigation Measure: None required 4.3 AIR QUALITY: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Conflict with or obstruct implementation of the applicable air qualityplan? X b. Violate any air quality standard or contribute substantially to an existing or projected air quality violation? X c. Result in a cumulatively considerable -net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air X quality standard (including releasing emissions which exceed quantitative thresholds for ozoneprecursors)? d. Expose sensitive receptors to substantial pollutant concentrations? X e. Create objectionable odors affecting a substantial number of people? X Impact Discussion: According to the Butte County Air Quality Management District (BCAQMM), Butte County and all northern Sacramento Valley Air Districts have been designated as "moderate" nonattainment areas for the state standards for ■ Butte County Department of Development Services ■ Planning Division ■ Page 5 ■ Project Name: Tony Vogel Uselermit, File # UP 01-24 ozone and fine particulate matter (PM10). Currently, Butte County is in attainment for all the Federal (less stringent) air quality standards. Fugitive dust emissions may occur during development activities on the site, such as excavation for foundations, which may create a temporary nuisance to persons residing or working near the project site. The Butte County Air Quality Management District requests that measures, such as site and driveway watering and/or use of other acceptable soil palliatives, be incorporated during development activities on the site. A mitigation measure is recommended that requires measures be taken to prevent fugitive dust emissions during development activities. Most of the activities that would occur in the proposed building are already occurring on the site. The project would not result in a significant increase in vehicle emissions in the project area because the vehicles are already coming to the site. There are no sensitive receptor uses in the area. No fugitive dust related impacts are expected to occur to the employees or residents in the nearby area. The project would not create any odors. Mitigation Measure # 2: Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. Follow the dust control measures listed below: a. During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. c. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. Plan Requirements: All requirements shall be shown on building plans. Timing: Condition shall be adhered to throughout all grading and construction periods. Monitoring: The Department shall ensure that measures are indicated on the plans. Public Works Grading and Building inspectors shall spot check; Grading and Building shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. 4.4 BIOLOGICAL RESOURCES: Would the Potentially Less Than Less Than No Reviewed proposal: significant significant significant Impact Under Impact with Impact Previous Mitigation Document Incorporated 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 X 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 X regional plans, policies, regulations or by the California ■ Butte County Department of Development Services ■ Planning Division ■ Page 6 ■ Project Name: Tony Vogel Us Permit, File # UP 01-24 • Would the proposal: Potentially significant Less Than significant Less Than significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated Department of Fish and Game or U.S. Fish and Wildlife Service? c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 or the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, X etc.) through direct removal, filling, hydrological interruption, or other means)? d. Interfere substantially with the movement of any native resident or migratory fish and wildlife species or with established native resident or migratory wildlife corridors, X 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 X ordinance? f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat X conservationplan? g. A reduction in the numbers, a restriction in the range, or an impact to the critical habitat of any unique, rare, threatened, X or endangered species of animals? h. A reduction in the diversity or numbers of animals onsite (including mammals, birds, reptiles, amphibians, fish or X invertebrates)? i. A deterioration of existing fish or wildlife habitat (for foraging, breeding, roosting, nesting, etc.)? X j. Introduction of barriers to movement of any resident or migratory fish or wildlife species? X k. Introduction of any factors (light, fencing, noise, human presence and/or domestic animals) which could hinder the X normal activities of wildlife? Impact Discussion: The area where the proposed warehouse building would be located is currently vacant. This area consists of unpaved area, exposed soil. All trees and shrubs have been removed from this area. There is no native wildlife habitat on the project site. This project would not have an impact on fish and/or wildlife because the area to be developed does not contain any wildlife habitat 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. The project would not conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy ordinance. The proposal would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. Mitigation Measure: None required ■ Butte County Department of Development Services ■ Planning Division ■ Page 7 ■ Project Name: Tony Vogel Usee Permit, File # UP 01-24 0 4.5 CULTURAL RESOURCES: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? X b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? X c. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? X d. Disturb any human remains, including those interred outside of formal cemeteries? X Impact Discussion: According to Butte County constraints mapping, the project site is located in an area considered to have a low to medium archeological sensitivity. The area where the proposed warehouse building would be located consists of open, bare ground. A new foundation would be poured over the prepared ground. This project is not expected to cause an impact to any cultural resources. Mitieation Measure: None required 4.6 GEOLOGIC PROCESSES: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault X Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. 2. Strong seismic ground shaking? X 3. Seismic -related ground failure, including liquefaction? X 4. Landslides? X b. Result in substantial soil erosion or the loss of topsoil? X c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral X 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 substantial X risks to life or pro2SqyL. ■ Butte County Department of Development Services ■ Planning Division ■ Page 8 ■ Project Name: Tony Vogel Use�ennit, File # UP 01-24 Would the Potentially Less Than Less Than No Reviewed proposal: significant significant significant Impact Under Impact with Impact Previous Mitigation Document Incorporated 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 X water? Impact Discussion: The Seismic Safety Element of the Butte County General Plan indicates that all of Butte County is in Moderate Earthquake Intensity Zone VIII. No known earthquake faults are located near the site (Butte County GIS seismic constraints mapping). All new structures placed on the site shall be constructed to Uniform Building Code standards for seismic safety. No impact is expected to occur. 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 are insufficient data to predict accurately the expected ground motions at various locations in Butte County. However, strong seismic ground shaking is closely related to the proximity of active fault zones. Although there are insufficient data to predict these forces, the closest mapped Fault -Rupture Zone is the Cleveland Hills fault zone, which is located approximately 25 miles to the south. The Cleveland Hills fault zone is the only fault zone in Butte County that is recognized under the Alquist-Priolo Special Study Zones Act to pose a threat from fault rupture. Seismic risk is not limited to faults which have been currently identified. Some earthquakes originate from unknown sources sometimes characterized as "background seismicity" or "floating earthquakes." It is reasonable to assume that background seismicity could produce earthquakes as large as Richter magnitude (modified Mercalli intensity scale) 6.5 virtually anywhere in Butte County (Division of Mines & Geology). There is no current evidence that an earthquake larger than magnitude 6.5 would occur at this location. Earthquakes at this magnitude are generally felt by all persons, but damage is generally slight to minor, with fallen chimneys and cracked plaster the most prominent damage. Richter magnitude 6.5 is not subjectively characterized on the intensity scale, but a magnitude 7 is generally characterized by negligible damage, especially in buildings of good design and construction. Considerable damage can occur in poorly built or badly designed structures. The Butte County Seismic Safety Element's Liquefaction Potential Map indicates that the site has a low potential for liquefaction. No impact is anticipated. The Subsidence and Landslide Potential Map of the Safety Element of the Butte County General Plan indicates that there is no potential for landslides in this area. No impact is anticipated because the site does not contain any slopes. The Erosion Potential Map of the Safety Element of the Butte County General Plan indicates that there is no potential for soil erosion on the site. No soil erosion impacts are expected because of the low potential for soil erosion; the site is level and very little soil disturbance would be necessary to construct the proposed building. No impact is anticipated from instability, landslide, lateral spreading, subsidence, liquefaction, or collapse. The Conservation Element's Expansive Soils Map indicates that the project site has a moderate expansive soil designation. No impact is anticipated. Sewage disposal for the existing structure is handled by an on-site septic system. Sewage disposal for the proposed expansion would also be handled by the on-site septic system. The Butte County Environmental Health Division does not object to the use of a septic system for the proposed structure. Mitigation Measure: None required ■ Butte County Department of Development Services ■ Planning Division ■ Page 9 ■ Project Name: Tony Vogel lRePermit,File# UP 01-24 Is 4.7 HAZARDS AND HAZARDOUS MATERIALS Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Create a significant hazard to the public or the environmental through the routine transport use, or disposal X of hazardous materials? 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 X the environment? c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- X 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 X 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 X result in a safety hazard for people residing or working in the project area? L For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or X working in the project area? g Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation X plan? h. Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where X residences are intermixed with willdlands? Impact Discussion: The project would not create any hazardous materials and is not located on or near any sources of hazardous materials. The project site is not located near any airport and is not affected by nor would it impact any airport land use plan. The project site is not located near any private airstrip and would not impact any such facilities. The project is not located within a State Response Area for wildland fires and is within an area that has a High classification for fire hazard (Butte County GIS fire hazard coverage). Water is supplied to the site by the Del Oro Water Company. The Butte County Fire Department/CDF requests that construction of the proposed building and building identification be in conformance with Public Resources Code 4290 and an all-weather access that is at least ten feet wide be provided to all structures. Mitigation Measure: None required ■ Butte County Department of Development Services ■ Planning Division ■ Page 10 ■ Project Name: Tony Vogel Use rmit, File # UP 01-24 4.8 HYDROLOGY AND WATER QUALITY: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Violate any water quality standards or waste discharge requirements? X b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of X preexisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been anted)? 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 X substantial erosion or siltation on- or off-site? 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 X of surface runoff in a manner which would result in flooding on- or off-site? 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 X runoff? 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 X Insurance Rate Map or other flood hazard delineation map? 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 X result of the failure of a levee or dam? j. Inundation by seiche, tsunami, or mudflow? X Impact Discussion: New impervious surfaces would be created due to the proposed warehouse building. The existing gravel/dirt parking areas and driveways would remain. An increase in surface storm water runoff can be expected due to the reduced absorption rate created from the new impervious surfaces, but would not have a significant impact on off-site drainage facilities. On-site drainage facilities currently exist within the project location. In order to prevent any significant drainage -related impacts, a plan for a permanent solution for drainage is required to be submitted for review and approval by Department of Public Works prior to issuance of a building permit for the proposed multi-purpose structure. The drainage plans are required to specify how stormwater runoff would be detained on site and/or conveyed to the nearest natural or publicly maintained drainage channel or facility; these plans shall not allow any net increase in the peak runoff flow to said channel or facility. ■ Butte County Department of Development Services ■ Planning Division ■ Page 11 ■ Project Name: Tony Vogel Armit, File # UP 01-24 0 The project site is not located within a 100 -year flood zone as shown on Federal Emergency Management Agency Flood Insurance Rate Map 06007C -0400C, dated June 8, 1998. The property is not located in an area prone to seiche, tsunami, or mudflow. No impact would be incurred with respect to these natural hazards. Mitigation Measure # 3: Prior to the recordation of a building permit a plan for a permanent solution for drainage shall be submitted for review and approval by the Department of Public Works. The drainage plans shall specify how stormwater runoff shall be detained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no net increase in the peak flow runoff to said. channel or facility. Plan Requirements: All requirements shall be shown on grading and building plans. Timing: The drainage plan shall be submitted and approved prior to issuance of the building permit for the proposed structure, and the required drainage improvements constructed. Monitoring: The Public Works Department shall ensure that the required plan is submitted and ensure that any required drainage improvements are constructed. 4.9 LAND USE: Would the Potentially Less Than . Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Physically divide an established community? X b. Conflict with an applicable land use plan, policy, or regulations of an agency with jurisdiction over the project (including, but not limited to, the general plan, specific plan, X local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c. Conflict with any applicable habitat conservation plan or natural community conservationplan? X Impact Discussion: The proposal would not physically divide an established community. The project site is zoned C -C (Community -Commercial) and is designated by the General Plan as Commercial. Neither the zoning classification nor the General Plan provide for a manufacturing use, this application for a Use Permit is to allow the expansion of a legal, nonconforming use in the C -C zone. The Department of Development Services signed off on the manufacturing use in the C -C zone several years ago. It is unknown what specific criteria were applied to approve the original manufacturing use, but the original applicant did obtain the necessary signatures and permits. The current applicant, operating in good faith, is requesting to expand the nonconforming use. The County Code Section 24-35.20 provides for such an expansion with approval of a Use Permit. The property is not within a habitat conservation plan or natural community conservation plan. No impact would be incurred. Mitigation Measure: None required ■ Butte County Department of Development Services ■ Planning Division ■ Page 12 ■ Project Name: Tony Vogel 11ePermit, File # UP 01-24 • 4.10 MINERAL RESOURCES: Would the Potentially Less Than Less Than No Reviewed proposal: significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document a. Exposure of persons to or generation of noise levels in Incorporated a. Result in the loss of availability of a known mineral X resource that would be of value to the region and the X residents of the state? b. Result in the loss of availability of a locally -important X mineral resource recovery site delineated on a local general X plan, specific plan, or other land useplan? X Impact Discussion: The proposed project would not use or extract any mineral or energy resources and would not restrict access to known mineral resource areas. The project is located within an area where there are little or no mineral resources. Therefore, the project would have no impact on mineral resources. Mitigation Measure: None required 4.11 NOISE: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or X noise ordinance, or applicable standards of other agencies? b. Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels? X c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the X project? d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing X without theproject? 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 X expose people residing or working in the project area to excessive noise levels? L For a project within the vicinity of a private airstrip, would the project expose people residing or working in X the project area to excessive noise levels? Impact Discussion: Ambient noise on and around the project area is affected primarily by vehicle traffic on the adjacent Hollywood Road, which has an average daily traffic volume of less than 200 vehicles. There are no other noises in the area from major 0 Butte County Department of Development Services ■ Planning Division ■ Page 13 ■ Project Name: Tony Vogel U• ermit, File # UP 01-24 • contributors such as those generated by aircraft arriving and departing from an airport. Normal levels of noise are generated by uses associated with the other small manufacturing, commercial, and residential uses in the area. Temporary and single event noise levels would be created during the construction phase. Vehicles containing construction workers, equipment, and material would also generate noise as they arrive and depart the site. The proposed warehouse building would be located near parcels that have residential uses and the residents on these parcels may be significantly impacted by construction activities. In order to limit noise impacts to the nearby residents, a mitigation measure is recommended that limits construction activity working hours from 7:00 a.m. to 6:00 p.m., Monday through Friday, and 10 a.m. to 6 p.m., Saturday, Sunday, and holidays. The proposal would not expose people to severe noise levels because no significant noise generators are near the project site. The project site is not located near any municipal airport or any private airstrip. Mitigation Measure # 4: All development activity shall be limited to working hours from 7:00 a.m. to 6:00 p.m., Monday through Friday, and 10:00 a.m. to 6:00 p.m., Saturday, Sunday, and holidays. Plan Requirements: All requirements shall be shown on grading and building plans. Timing: The condition shall be adhered to at all times during development activities. Monitoring: The applicant shall ensure that development activities occur only during the allotted time periods. The Planning Division shall respond to all complaints of noise occurring outside of the allotted time periods. 4.12 HOUSING: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant significant Impact Under Impact with Impact Previous Mitigation Document Incorporated 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 X roads or other infrastructure? b. Displace substantial numbers of existing housing, necessitating the construction of replacement housing X elsewhere? c. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? X Impact Discussion: The project would not induce any population growth nor would it create a need for any new infrastructure which could induce population growth. A water line already extends onto the project site. The project would not displace individuals or housing. However, the warehouse building would preclude the building of multi -family apartments on the project site; this would most likely have never occurred due to the existing manufacturing use on the site. ■ Butte County Department of Development Services ■ Planning Division ■ Page 14 ■ Project Name: Tony Vogel Use Permit, File # UP 01-24 • Mitigation Measure: None required 4.13 .PUBLIC SERVICES: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated 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 X altered governmental facilities, the construction of which X could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other X performance objectives for any of the public services? b. Fireprotection? X c. Police Protection? X d. Schools? X e. Parks? X L Other public services? X Impact Discussion: The project would not create a need for any new public services. The project would not create an increase in demand for fire protection services because the proposed warehouse building does not normally require such services. The proposal would not cause an increase in demand for police protection services because the proposed use does not normally require such services. The proposal would not result in a demand for school facilities in the area, nor in a demand to area parks and facilities. The project would not have an impact on any other public services. Mitigation Measure: None required 4.14 RECREATION: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. 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 X accelerated? b. Include recreational facilities or require the construction or expansion of recreational facilities which might have an X adverse physical effect on the environment? 0 Butte County Department of Development Services ■ Planning Division ■ Page 15 ■ 40 Project Name: Tony Vogel Usk Permit, File # UP 01-24 Impact Discussion: The project would not increase the use of existing parks or other recreational facilities nor would the project create the need for any new parks or recreational facilities. Mitigation Measure: None required 4.15 TRANSPORTATION/TRAFFIC: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated 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 X vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b. Exceed, either individually or cumulatively, a level of service standard established by the county congestion X management agency for designated roads or highways? c. Result in a change in air traffic patters, including either an increase in traffic levels or a change in location that results X in substantial safety risks? d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible X uses (e.g., farm equipment)? e. Result in inadequate emergency access? X E Result in inadequate parking capacity? X g. Conflict with accepted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, X bicycle racks)? Impact Discussion: The project site has one driveway on Hollywood Road, with vehicles entering on the south end of the property. At the site, Hollywood Road is two lanes, narrow and with no striping. The posted vehicle speed on Hollywood at the site is 25 MPH. There is excellent sight distance along Hollywood Road in both directions from the site driveway. The operating hours of the manufacturing operations from this site would not affect peak vehicle hours on the Skyway. The principal use of the structure would be for storage of materials and supplies to maintain and conduct the current assembling/manufacturing of the chiropractic tables. The existing and expanded portion of the structure would not be used in the evenings and on weekends. The proposed warehouse structure would not be open to the general public. No significant vehicle circulation impacts are anticipated because use of the proposed structure would not induce nor create additional vehicle traffic. The site plan shows seven parking spaces. Two spaces are designated for handicapped parking. The Use Permit for the existing warehouse requires that there be at least three parking spaces. The parking section of the Butte County Zoning Ordinance specifies the number of required parking spaces according to the type of use. A warehouse building is specifically listed. The warehouse use requires one parking space per each 0 Butte County Department of Development Services ■ Planning Division ■ Page 16 ■ Project Name: Tony Vogel UseYermit, File # UP 01-24 • three employees or one parking space per every 2000 square feet, which ever is greater. With a total of 6,400 square feet, including the existing structure, three parking spaces are required. The project would not conflict with accepted policies, plans or programs supporting alternative transportation. Mitigation Measure: None required 4.16 UTILITIES AND SERVICE SYSTEMS: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? X b. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant X 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 X environmental effects? d. Have sufficient water supplies available to serve the project from existing entitlements and resources, or are X 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 adequate capacity to serve the project's projected demand X in addition to theprovider's existing commitments? L Be served by a landfill with sufficient permitted capacity to accommodate theproject's solid waste disposal needs? X g. Comply with federal, state, and local statutes, and regulations related to solid waste? X Impact Discussion: The Del Oro Water Company already provides domestic water to the existing structure on the site. Some additional water may be needed. The project would not have an impact on any water or wastewater treatment facilities. No additional off-site storm water facilities would be necessary as a result of this project. The project would cause a very minor increase in the stream of waste being deposited in the Neal Road Landfill. No impact would occur with respect to federal, state, and local statutes and regulations related to solid waste. Mitigation Measure: None required ■ Butte County Department of Development Services ■ Planning Division ■ Page 17 ■ Project Name: Tony Vogel Aermit, File # UP 01-24 • 4.17 MANDATORY FINDINGS OF SIGNIFICANCE (Section 15065): Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under ' Impact with Impact Previous Mitigation Document Incorporated a. Have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict X the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with X the effects of past projects, the effects of other current ro'ects and the effects of probable futureprojects)? C. Does the project have environmental effects which will cause substantial adverse effects on human beings, either X directly or indirectly? The project has the potential to contribute impacts that are individually limited, but cumulatively considerable with respect to Initial Study Checklist Items 4.1 — Aesthetics; 4.3 - Air Quality, and 4.8 — Hydrology and Water Quality, and 4.11 - Noise. Cumulative impacts to these areas would be mitigated due to the inclusion of Mitigation Measures # 1 - 4 as itemized under Section 5 — Mitigation Measures and Monitoring Requirements. 5.0 MITIGATION MEASURES AND MONITORING REQUIREMENTS: Mitigation Measure # 1: All new outdoor lights shall be fully shielded. Lights shall be directed downward and contained on-site. Direct light shall not be allowed on adjoining properties and roads. Plan Requirements: All new outdoor lights shall be shown on building plans. Timing: The condition shall be adhered to at all times. Monitoring: The applicant is responsible for ensuring that all new lights on the site are fully shielded and that the light does not leave the project site. The Building Division plan checkers shall ensure that all outdoor lights shown on building plans are fully shielded. Mitigation Measure # 2: ' Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. Follow the dust control measures listed below: a. During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. ■ Butte County Department of Development Services ■ Planning Division ■ Page 18 ■ Project Name: Tony Vogel 0"Permit,File# UP O1 -2A c. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. Plan Requirements: All requirements shall be shown on building plans. Timing: Condition shall be adhered to throughout all grading and construction periods. Monitoring: The Department shall ensure that measures are indicated on the plans. Public Works Grading and Building inspectors shall spot check; Grading and Building shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. Mitigation Measure # 3: Prior to the recordation of a building permit a plan for a permanent solution for drainage shall be submitted for review and approval by the Department of Public Works. The drainage plans shall specify how stormwater runoff shall be detained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no net increase in the peak flow runoff to said channel or facility. Plan Requirements: All requirements shall be shown on grading and building plans. Timing: The drainage plan shall be submitted and approved prior to issuance of the building permit for the proposed structure, and the required drainage improvements constructed. Monitoring: The Public Works Department shall ensure that the required plan is submitted and ensure that any required drainage improvements are constructed. Mitigation Measure # 4: All development activity shall be limited to working hours from 7:00 a.m. to 6:00 p.m., Monday through Friday, and 10:00 a.m. to 6:00 p.m., Saturday, Sunday, and holidays. Plan Requirements: All requirements shall be shown on grading and building plans. Timing: The condition shall be adhered to at all times during development activities. Monitoring: The applicant shall ensure that development activities occur only during the allotted time periods. The Planning Division shall respond to all complaints of noise occurring outside of the allotted time periods. 6.0 ENVIRONMENTAL REFERENCE MATERIAL: 1. Butte County Planning Department. Oroville, CA: CH2M Hill, 1977. 2. Butte County Planning Department. CA: CH2M Hill, 1977. 3. Butte County Planning Department. Oroville, CA CH2M Hill, 1977. 4. Butte County Planning Department. Hill, 1977. 5. Butte County Planning Department. Hill, 1977. 6. Butte County Planning Department. CH2M Hill, 1977. 7. Butte County Planning Department. CH2M Hill, 1977. Earthquake and Fault Activity Map 11-1, Seismic Safety Element. Liquefaction Potential Map 11-2, Seismic Safety Element. Oroville, Subsidence and Landslide Potential Man 111-1, Safety Element. Erosion Potential Map 111-2, Safety Element. Oroville, CA: CH2M Expansive Soils Map 111-3, Safety Element. Oroville, CA: CH2M Noise Element Map IV -1, Scenic Highway Element. Oroville, CA: Scenic Highways Map V-1, Scenic Highway Element. Oroville, CA: ■ Butte County Department of Development Services ■ Planning Division ■ Page 19 ■ Project Name: Tony Vogel Jeleanit, File # UP 01-24 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 Mat). Oroville, CA: James P. Manning, 1983. 10. Butte County Planning Department. School District Mat). Oroville, CA. 11. Northwestern District Department of Water Resources. Chico Nitrate Study Mat), Nitrate Concentration in Shallow Wells. The Resources Agency, State of California, 1983. 12. Butte County Board of Supervisors. Agricultural Preserves Map, established by Resolution No. 67-178. Oroville, CA: Butte County Planning Department, 1987. 13. National Flood Insurance Program. Flood Insurance Rate Maps. Federal Emergency Management Agency. 1989 and 2000. 14. USGS Quad Maps. 15. Soil Map, Chico (1925)/Oroville (1926) Area. United States Department of Agriculture. 16. Soil Survey of Chico (1925)/Oroville (1926) Area. United States Department of Agriculture. 17. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Mal). Butte County Fire Department and California Department of Forestry, 1989. ■ Butte County Department of Development Services ■ Planning Division ■ Page 20 ■ Project Name: Tony Vogel Usepermit, File # UP 01-24 7.0 CONSULTED AGENCIES: [X] Environmental Health [X] Public Works [ ] [ ] BCAG [ ] ALUC [X] [X] Air Qual. Management Dist. [ ] City of Chico [ ] [ ] City of Gridley [ ] City of Oroville [ ] [X] CA Department of Forestry [ ] CalTrans (Traffic) [ ] [ ] Department of Conservation [X] CA Dept. of Fish and Game [ ] [ ] Army Corps of Engineers [ ] US Fish & Wldlife Service [ ] [ ] Butte Co. Farm Bureau [ ] Oroville Union School Dist. [ ] [ ] El Medio Fire Dept. [ ] OWID [ ] [X] PG&E [X] Pacific Bell [ ] [ ] Oroville Elem. School Dist [X] County Assessor k:\projects\upc\vogel\vogel initial study.doc Building Manager LAFCo City of Biggs Town of Paradise Central Reg. Water Quality Highway Patrol Agricultural Commissioner Feather River Rec. Dist. LOAPUD Palermo Union School Dist. 0 Butte County Department of Development Services ■ Planning Division ■ Page 21 ■ C9 Project Name: Tony Vogel Use kmit, File # UP 01-24 • 8.0 PROJECT SPONSOR(S) INCORPORATION OF MITIGATION INTO PROPOSED PROJECT: We have reviewed the Initial Study for the Tony Vogel Use Permit (APN # 065-460-021) application and particularly the mitigation measures identified herein. Me hereby modify the application on file with the Butte County Planning Department to include and incorporate all mitigations set forth in this Initial Study. a �� 1 Project Sponsor/P ect Agentdr Date Project Sponsor/Project Agent Date ■ Butte County Department of Development Services ■ Planning Division ■ Page 22 ■ 0 • November 15, 2001 BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING AND NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION Notice is hereby given by the Butte County Planning Commission that a public hearing will be held on December 13, 2001 in the Butte County Board of Supervisors' Room County Administration Center, 25 County Center Drive, Oroville, California, at 9:30 a.m. regarding the following item: In accordance with the California Environmental Quality Act (CEQA), an Initial Study has been prepared for the following project: MITIGATED NEGATIVE DECLARATIONIUSE PERMIT Tony Vogel, Use Permit to expand a nonconforming use in the C -C zone (Community - Commercial). The existing metal building is 2,400 square feet. The expansion would consist of an additional 4,000 -square foot metal structure. The structure would be a metal corrugated building whose main purpose would be for the storage of materials and supplies to maintain and conduct the current assembling/manufacturing of the chiropractic tables. No other activities are anticipated within the expansion area. The applicant currently employs two other individuals and does not anticipate any more full- time employees. The area where the expansion would be located has been cleared of trees and the slope from the rear to the front of the lot has been leveled. The property is located on the north side of Hollywood Road, at 6443 Hollywood road, approximately 500 feet east of the Skyway, in the Magalia area. APN 065-460-021 (CBS) (UP 01-24) The initial study for the project identifies potentially significant effects, but revisions in the project plans or proposals made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur. Therefore, Planning Division staff is recommending a Mitigated Negative Declaration. The Initial Study and Proposed Mitigated Negative Declaration for this project are on file for public review starting, November 23, 2001 through December 12, 2001, at the Butte County Planning Division, 7 County Center Drive, Oroville, California. All interested persons are invited to review the document. Written comments will be accepted by the Planning Division at the above address. If you challenge either the Mitigated Negative Declaration or the Use Permit 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 Division at, or prior to, the public hearing. • • For further information regarding this project, please contact Craig Sanders, project planner, at the Butte County Planning Division at (530) 538-7603. BUTTE COUNTY PLANNING DIVISION TOM BUFORD, INTERIM DIRECTOR OF DEVELOPMENT SERVICES To be published in the Paradise Post on Thursday, November 22, 2001. AR21 H - AR c AR 2 1/2 AR C -C C A", Cl Zet AR21 AR ffo===M,wlT"*-AlQm AR 2 1/2 AR mm M,111, m AR21 AR AR 2 1/2 AR ... . ..... .... . ..... . ... ... .. I ..... ....... ;/ V:1I C -C -C r" TO:' FROM: �: f ., SUBJECT: DATE: *14 ,Sr'Piwi 'Fr:1 Inter -Departmental -,Memorandum Planning Commission David Hironimus, Planning Staff DAVID SUTHERLIN - SITE PLAN APPROVAL IN THE CC ZONE December 9, 1986 Location: South side of Woodward Avenue, 200 feet +- east of the Skyway, Magalia, AP#65-46-06. This is a site plan review for the construction of an 1800 square foot general auto repair shop. Six off-street parking spaces are required for the shop. One of which shall be designated as a handicapped space. All parking to meet Butte County Parking Ordinance. Previous site plan approval for this property was granted in November 1983, for a recreational vehicle maintenance and service shop which was never built. (See File#84-26, Joe P. Treas) Staff recommendation is to approve the site plan review to allow a general auto repair shop on AP#65-46-06 subject to the following conditions: 1. Meet the requirements of the Butte County Health Department. 2. Meet the requirements of the Building Division of the Butte Counry Department of Public Works. 3. Provide 6 off-street parking spaces in accordance with Butte County Code Section 24-35. 4. Applicant to comply with all applicable state and local statutes, ordiances and regulations. DRH:jmc Inter -Departmental Memorandum TO: Planning Commission FROM: David Hironimus, Planning Staff SUBJECT: DAVID SUTHERLIN - SITE PLAN APPROVAL IN THE CC ZONE DATE: December 9, 1986 Location: South side of Woodward Avenue, 200 feet +- east of the Skyway, Magalia, AP#65-46-06. This is a site plan review for the construction of an 1800 square foot general auto repair shop. Six off-stre.et parking spaces are required for the shop. One of which shall be designated as a handicapped space. All parking to meet Butte County Parking Ordinance. Previous site plan approval for this property was granted in November 1993, for a recreational vehicle maintenance and service shop which was never built. (See File#04-26, Joe P. Treas) Staff recommendation is to approve the site plan review to allow a general auto repair shop on AP#65-46-06 subject to the following conditions: 1. Meet the requirements of the Butte County Health Department. 2. Meet the requirements of the Building Division of the Butte Counry Department of Public Works. 3. Provide 6 off-street parking spaces in accordance with Butte County Code Section 24-35. 4. Applicant to comply with all applicable state and local statutes, ordiances and regulations. DRH:jmc r 9 k y G.'v. ..:."•• .,. •�:. c; •jai; �.« Inter -Departmental' Memorandum To: Planning Commission FnoM: Planning SUBJECT: Peter Fox, Site Plan Approval in C -C Zone, AP 65-46-17 DATE: February 4, 1986 This is a proposal to add 1500 square feet to an existing commercial building in a C -C zoning in Paradise Pines. The resulting building will be a total of 5250 sq. ft. The existing use in the building is an auto and RV repair business. If :r similar types of uses occupy the remainder of the building all of the re- quired parking spaces will be calculated at 1 space per 400 sq. ft. of building area and the total number of spaces required will be 13. However, if any of the building space is occupied by retail sales uses the parking requirements will be calculated at 1 space per 200 sq. ft. of floor space for the retail section and the total spaces required will increase. The parking plan submitted shows 19 parking spaces, but as designed only 12 meet the Butte County Parking Standards. A redesign of the parking could yield 14 parking spaces and would be enough to meet the requirements fcr light commercial uses. Recommend approval of the site plan subject to the following conditions: 1. Submit revised parking plan. 2. Any change in use requires a review by the Planning Department for parking. 3. Project is at access opening for lots on north side of Holly Road. Construct S-18 public road approach at access opening. 4. Provide a permanent solution for drainage, submit construction and drainage plans to the Department of Public Works for approval and install the required facilities. Surface runoff to a roadside ditch is not considered a permanent solution for drainage. CBS:lr r'. utt Count LAND OF NATURAL WEALTH AND BEAUTY U?� f PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 July 26, 2001 Tony Vogel P.O. Box 618 Magalia, CA 95954 Re: Application Complete - Use Permit application for Tony Vogel, APN 065-460-021, File # UP 01-24 Dear Mr. Vogel: Pursuant to Section 65943 of California Government Code, Title 7, Division 1, 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. You will be notified by mail of the date, time, and location of that meeting. Should you have any further questions regarding this letter, please contact me between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday, at (530) 538-2117. Very truly yours, Stephen Hackney Y Associate Planner 13 BUTTE COUNTY , DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: PUBLIC WORKS DIRECTOR ? FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Tony Vogel, UP 01-24 'T DATE: July 5, 2001 CONTACT PERSON: Stephen Hackney The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2.• Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Use Permit for expansion of a pre-existing nonconforming use in the C -C (Community Commercial) zone. on property zoned CSC (Community Commercial) located 6443 Hollywood Road,Magalia, identified as APN 065-460-021. Supervisorial District No. 1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON October 25, 2001. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN July 19, 2001. 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): CON-01ft 0"S A.5 m4raic&—,:) Q 6 A -r Acpttn S4F-W By: Ytn • l -k 0 rLn Date: RECEIVE® J U L 0 5 2001 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 COUNT' OF ELT+E LAND DEVELOpmENT DIV. t� IL BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Tony Vogel DATE: July 5, 2001 AGENT: MER Consulting APN: 065-460-021 Civil Engineer PLANNER: Stephen Hackney FILE #: UP 01-24 PROJECT DESCRIPTION: Use Permit for expansion of a pre-existing nonconforming use in the C- C (Community Commercial) zone. Those items checked are conditions of approval. PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS A. STREETS 1. Prior to the issuance of building permits obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. 2. Prior to the issuance of building permits deed to Butte County, in fee simple, _ feet of right-of-way from the centerline of . The right of way shall be sufficient for the installation of standard No. S-5 at all street intersections. Prior to the issuance of building permits submit road and drainage improvement plans for the installation and construction of the street frontage improvements on to standard, including but not limited to P.C.C. curb, gutter and sidewalk and the required street section for parcels with gross acreage of one acre or less. Construct or install the required improvements. 4. Prior to the issuance of building permits dedicate a one foot "no access strip" or relinquish abutters rights to Butte County, along the frontage of parcels , except at approved access points. B. DRAINAGE 1. Prior to the recordation of the issuance of building permits a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. 2. Prior to the issuance of building permits establish 100 year floodplain elevations and the lowest floor elevations for any structures. Show on the site plan map for building permits the elevations (by contours) and the location of an accepted NVGD benchmark and a temporary benchmark on-site. C. LEGAL LOT STATUS Prior to the issuance of the Use Permit, prove, to the satisfaction of the Director of Public Works, that the parcel of the subject application is a legal parcel. J U L 0 5 2001 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 COUNTY OF BUTTE LAND DEVELOPMENT DIV. ( it 6 i � Z�O1 BUTTE COUNTY d� DEPARTMENT OF DEVELOPMENT SERVICES Chico, Califomia PLANNING DIVISION TO: ENVIRONMENTAL HEALTH ex �0 ` s 4 FROM: Butte County Planning Division � ��P�G f RE: Request for Comments on a Development Application:�Tony Vogel, UP 01-24 7 �n �b� DATE: July 5, 2001 CONTACT PERSON: Stephen Hackney �9 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 asto identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Use Permit for expansion of a pre-existing nonconforming use in the C- (Community Commercial) zone. on property zoned C (Community Commercial) located 6443 Hollywood Road. Magalia, identified as APN 065-460-021. Supervisorial District No. 1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON October 25, 2001. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN July 19, 2001. 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): BUTTE COUNTY � / PLANNING DIVISION By: Woka / /�.� (y` Date: 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 0 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: [CALIFORNIA DEPARTMENT OF FORESTRY," FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Tony Vogel, UP 01-24P DATE: July 5, 2001 CONTACT PERSON: Stephen Hackney The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Use Permit for expansion of a pre-existing nonconforming use in the - (Commr n4 Commercial.)zone. on property zonedC C(Community Commercial) located 6443 Hollywood Road, Magalia, identified as APN 065-460-021. Supervisorial District No. I. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON October 25, 2001. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN July 19, 2001. 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 pa es if necessa ): By: Date: 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 APPLICANT: Tony Vogel AGENT: MER Consulting Civil Engineer FILE #: UP 01-24 • BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT DATE: July 5, 2001 APN: 065-460-021 PLANNER: Stephen Hackney PROJECT DESCRIPTION: Use Permit for expansion of a pre-existing nonconforming use in the C- C (Community Commercial) zone. Those items checked are conditions of approval. PLEASE CONTACT THE R1,111E. COUNTY FIRE D .PARTM .NT FOR COMPLIANCE WITH THE FOLLOWING CHEF KED CONDITIONS V 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. Buildingidentification and/or addresses shall be installed in conformance with Public ub c 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 I water tend fund, is required prior to the issuance of a building permit. 5. A pressurized community water system for fire protection is required. The specific locations and fire flow requirements shall be in accordance with the Fire Department specifications and to the satisfaction of the County Fire Warden. Average required hydrant spacing _ feet, hydrant size _ inches, and residual fire flow _ gpm. Submit plans to the Fire Department for review and approval prior to construction of facilities. 6. In lieu of hydrant installation, payment may be made into the hydrant fund at a cost of $1.72 per lineal foot of street frontage. The estimated fee amount is $ 7. Prior to recordation of the Map or application for a building permit, the applicant shall pay the then current fee for the West Chico Fire Station Fund. ✓ 8. Provide an all weather access of at least 10 foot wide and with a vertical clearance of 15 feet that will accommodate a 40,000 pound fire apparatus to all structures. 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 TO: FROM: RE: DATE: BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICE! PLANNING DMSION n I 1 9 7nni TOWNOF PARADISE Butte County Planning Division _ BUTTE COUNTY Request for Comments on a Development Application:'Tony Vogel, UP O1- 7 PLANNING DIVISION July 5, 2001 CONTACT PERSON: Stephen Hackney The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Use Permit for expansion of a pre-existing nonconforming use in the C -C ( Comm ,ni Commercial) zone, on property zoned CSC (Community Co mercial) located 6443 Hollywood Road. Magal a, identified as APN 065-460-021. Supervisorial District No. 1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON October 25 , 2001. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN July 19.2001. 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): 7–Ae–rpwry of d1-5 A..cs N0 -spec/`�tZS Co Arecr✓S ,'ss ►,%_te5 eY' ee* k ,lewte -.Cys �a 07-7-elr rcl47t ivy 7j+� 3 nroRAt.,fo i r l'- 1 _ �f- wcKld Se arec;,c�e� �✓ r.f�'{„s of�,2e, rtce_PV- et- Ca a v 4 -c Jf r3//' z .1 / / 4RnLiItJ-1"p/J. By: 0 M i�� Date: Co.+1.rra.�,'fy Develop^eKy D,recAor- 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES dill 10 2001 PLANNING DIVISION TO: AGRICULTURAL COMMUSSION FROM: Butte County Planning Division RE: Request for Comments on a Development Application: 'Tony Vogel, UP 01-24 DATE: July 5, 2001 CONTACT PERSON: Stephen Hackney The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Use Permit for expansion of a pre-existing nonconforming use in the - ( o mun4 Commercial) zone, on property zoned CCt(Community Commercial) located 6443 Hollywood Road, Magalia, identified as APN 065-460-021. Supervisorial District No. 1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON October 25 , 2001. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN July 19, 2001. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): By: — Date: AM 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: DEVELOPMENT SERVICES FROM: Butte County Planning Division RE: Request for Comments on a Development Application Steve Beglau, UP 02-02 DATE: July 11, 2001 CONTACT PERSON: Stephen Hackney The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Use Permit for a family cemetery, measuring 40'x 40' on a +-50acre parcel zoned U on property zonedi J1(lJnclassified) located 3825 Pentz Road, approx.-one mile north of The Pentz Rd./Durham-Pentz intersection, soulb of the Town of Paradise, in the Paradise area., identified as APN 041-470-076. Supervisorial District No. -4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) —X-- PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON November 15, 2001. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN July 25, 2001. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): By: Date: II `Z Q 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICESg,��0 PLANNING DIVISION TO: /LAFCo4UL & 9 2001 FROM: Butte County Planning Division RE: Request for Comments on a Development Application: 4pTony Vogel,',UP 01-24 ®fOViiiil, ,d'dfoftlla DATE: July 5, 2001 _ CONTACT PERSON: Stephen Hackney The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Use Permit for expansion of a pre-existing nonconforming use in the C- (Community Commercial) zone. on property zoned C (Community Commercial) located 6443 Hollywood Road, Magalia, identified as APN 065-460-021. Supervisorial District No. 1. 093 0/¢ THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON October 25, 2001. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN July 19, 2001. 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): Z• K//�im she// ,;% w Cn-, - n,/ QW, ' Can cry. // /o / h aA, l.' CC.J-e h<cdr 3• KG1Tt a. AA sq. ,;% j4Ld thC`eglcd Wake as 6C arf hitit A 4: P4rad.rC PgrV t Rec SEL 0/to W"4i Co. wt,. 1r erne..!/ i.' ! Pa ra di, a U. V. D. Q� si o . 7 I 131.4 a4(kse- By: �i4. ��« `w e.v� Date: 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 • BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: BUILDING MANAGER-� FROM: Butte County Planning Division RE: Request for Comments on a Development Application: -Tony Vogel, UP 01-24 DATE: July 5, 2001 CONTACT PERSON: Stephen Hackney The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for.this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Use Permit for expansion of a pre-existing nonconforming use in the C -C (Community Commercial) zone. on property zoned _CC (Community Commercial) located 6443 Holl; wood Road,Magalia, identified as APN 065-460-021. Supervisorial District No. 1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON October 25 , 2001. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN July 19,200L If no comments or communications are received by the above date, the assumption will be made that your agency has no co�m'ment. COMMENTS (Attach additional pages if necessary): , /o ADDiTceo t_ oal atU6 pul tr j pjoW S #Aus s SU A TTO) By: Date: 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 R�� • Pacific Gas and Electric Company July 25, 2001 460 Rio Lindo Avenue Chico, CA 95926 530/894-4423 FAX 530/894-4414 Mr. Stephen Hackney Butte County Department of Development_ Services 7 County Center Drive Oroville, CA 95965 RE: Use Permit (Vogel)] FILE: UP 01-24 -Dear Mr. Hackney: We have reviewed the plans regarding the subject project. Son Chambers Chico Land Rights Office PG&E has no comments or objections with regards to our gas and electric facilities. Thank you for the opportunity to review this matter. If you have any questions, please call me in Chico at 894-4423. Sincerely, -(�Ez Doriald W. Chambers Land Agent (file: UPO1-24.doc) D E�C�dE JUL 2 6 MOI BUTTE COUNTY PLANNING DIVISION BUTTE COUNTY,\1 � DEPARTMENT OF DEVELOPMENT SERVICES V"p P PLANNING DIVISION TO: DEVELOPMENT SERVICES DIRECTOR FROM: Butte County Planning Division VeS S RE: Request for Comments on a Development Application: Tony Vogel7UP 01-24 - S $ DATE: July 5, 2001 CONTACT PERSON:"tStephen Hackney The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Use Permit for expansion of a pre-existing nonconforming use in the C -C (Community Commercial) zon on property zoned CC (Community Commercial) located 6443 Hollywood Road_ Magalia, identified as APN 065-460-021. Supervisorial District No. �. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON October 25, 2001. . COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN July 19, 2001. If no comments or communications are received by the above date, the assumption will be made that your agency hag no comment. COMMENTS (Attach additional pages if necessary): By: Date: 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 AP 065-460-021 Tony Vogel UP 01-24 Td: EX Holl Holl Rd a ,� ',i '� rk,, x.. x ✓G2r4 {'`>�3Y < ur �; ,.,, � , Project Location F i . h ^A '6)'? �i'�. Y { rr Y Z` a .V y'�•t l i. � ,.. .S, pU t - '.i ------Tall roes ----------- i ------ ---- ------ ---- '�4� •�N � y+� }y� ��� rI � w � i ,..�v ��.t � - F' a�"a'�3.e.i`i� .•'..�i R i' a k Y57r [ ? � •>',. 'Wn:� �+ +�c F F "Y+c'`.tr3:Y +, +•', __-__ ��i@ ------ # Y >\\ . •...•. R '� - lir � t: --------- J 6i b �.r yy do 2� & fi t• ¢k3S n 3 v---------- ,� ��' � �Zri i{ v � �� 1+ �tM• it . 9 d\ . Imp Rd kL 300 0 300 600 900 1200 1500 1800 Feet BUTTE COUNTY PLANNING COIVIlVIISSION Applicant: Tony Vogel Owner: Same Hearing Date: Existing Zone: C-C (Community Commercial) N Supervisorial Request: Minor Use Permit to allow the expansion of a pre-existing nonconforming use. District 4 5 Assessor Parcel No: 065-460-021 Fue:UP 01-24, LEAD IN SHEET FILE NO: 1' 1 065-460-021 APPLICANT: TONY VOGEL REPRESENTA' REQUEST: Use Penuit for expansion of a pre-existing non conforming use in the C -C •uu • •m •• SIZE: 0.41 acres LOCATION: 6443 Holl3nmood Road, Magalia SUPERVISORAL DISTRICT #---5— EXISTING ZONING: C -C ZONING HISTORY: SURROUNDING ZONING: SURROUNDING LAND USE: SITE HISTORY: GENERAL PLAN DESIGNATION: APPLICABLE REGULATIONS: BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Tony Vogel, UP 01-24 DATE: July 5, 2001 CONTACT PERSON: Stephen Hackney The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Use Permit for expansion of a pre-existing nonconforming use in the C -C (Community Commercial) zone • on property zoned C (Community .o mercial) located 6443 Hollywood Road, Magalia, identified as APN 065-460-021. Supervisorial District No. �. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON October 25 , 2001. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN July 19, 2001. 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): 0 Date: 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 . COMMENT DISTRIBUTION LIST APPLICATION: DATE: County Offices and Cities: _ Chief Administrative Officer X Environmental Health> Sheriff X_ LAFCo� Biggs Oroville Irrigation District: _ Butte Water _ OWID .Table Mountain Irrigation Domestic Water Butte Water District OWID Sewer X_ 'Develop. Services Director, X 'Assessor; _ BCAG Air Quality Mgmt. _ Gridley ' Paradise Animal Control _ Butte Water District _ Skansen Subdivision (CSA 21) _ Fire Protection _X_ California Department of Forestry . Recreation Districts _ Chico Area Recreation _ Paradise Recreation & Park Biggs/W. Gridley Water _ Paradise Irrigation _ Thermalito.lmgation _ California Water Service Co. X Thermalito Irrigation District _ Themalito Irrigation L.O.A. PUD 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 Utilities Public Works Director] Building Manager- _ ALUC _ Butte Co. Farre Bureau _ Chico Chico Airport Cormnission X_ Agricultural Commission` Biggs/W. Gridley Water _ Paradise Irrigation _ Thermalito.lmgation _ California Water Service Co. X Thermalito Irrigation District _ Themalito Irrigation L.O.A. PUD 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 Utilities 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.] Council ' Paradise Pines Com. Assoc. _ Reclamation _ Cal Native Plant Society, _ Butte Co. Mining Committee _ Forest Ranch Community Assoc. Butte Ck. Watershed Conservancy School Districts RECEIVED FROM RECEIPT 19637 ISSUED BY 0 a �5- 44� 46 - COMMERCIAL PARK ToX A.Bo 93-05 � x PARA�D/SE PINES COMM f Pp2ta��SG c PTN. SEC. 24, T WP- 23 N., R. 3 E. M. G. B. B M• , � F� _ � 50� /oo 1 P �• - I /� j ' J \I , . 1E � ., n •` _ ( � X86: SGC'- /9-5/ E - /.13. 08 ^OG-2J-bJE b - 30 .vo 9.. r6 ice. ar z99. az o VINE ROAD l00 G 30C'. iK y� DO- 04- caw tiLG r' SO - Mi 02-5 bill 62A C 60 j '3 20 e 24lz {� N h•. 43 42 N ti; i0 i 1N 2s 26 O '� ,�• 5Qz C3 ) � 01 S I, 27 27 sty s�o s� . r sv o sem. 0 to. o *KH N ; th ,int:. t,60. L/ 60.0 1-60.0 600 60.0' 6F O 60. O 60.0 E+ 33 34 35 36 3� O 39 2 '� 7: O 0 6G.0 60.0 6G.0 V P ,s+.• J. ^ 6 u. y /O '� is . :2 :3 a 4 /5 /G 29 30- 3/ 32 .i4 35 n 3C a ,37 .id Y V :000lo IN CY 29 a 3o a 3/ 0 32 1.. P F . 7 s' b ,� tsl `J M , •P `. so be5 8- 6, 9 6 l a H ' •�.- n, .r !r' y.Y '.sti1 ' % 2 i c +.. ,�(/a Ali.•/lii J West L/n• SIC: Pf 1 ` r , i �: _ ... W/1.400/ r _ ---- �� Assessors' Mop No. 65-46 Countyr. of.� Butte, Co/if-`Y , • _+fir {, P^ ;r/i.);SE �'/NES .'c I M,FrrC,AL /%s;R•K — rrc. 'i7. Lec. /y7C 3'.1.ss•li' 15 or :6 c L.• :`x ✓on orgy, /9 7/ t Y. s RECO RDI NG--REQU ESTE D BY: Fidelity National Title Company of California Escrow No. 301310 -WC Title Order No. 00301310 When Recorded Mail Document and Tax Statement To: Mr. Anthony S. Vogel 19480 8 St. East, Unit 5 Sonoma, CA 95476 1 999-005 1 446 Recorded 'Official Records Count yy Of BUTTE CANDACE J. GRUBBS Recorder ROSEMARY DICKSON Assistant 12:55PM 10 -Dec -1999 REC FEE 10.00 TAX 99.00 Myles Page 1 of 2 Hriv: uoo-1+ou-uL i-uuu GRANT DEED SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declare(s) �S Documentary transfer tax is $99.00 ( X J computed on full value of property conveyed, or [ ] computed on. full value less value of liens or encumbrances remaining at time of sale, [ ] Unincorporated ,Area City of Unincorporated FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Phil Green, An Unmarried Man hereby GRANT(S) to Anthony S. Vogel, An Unmarried Man the following described real property in the City of Unincorporated County of Butte, State of California: SEE EXHIBIT ONE ATTACHED HERETO AND MADE A PART HEREOF DATED: December 8, 1999 STATE OF CALIF NIAi ; U COUNTY OF ON before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the' entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and of cial seal. Signature FD -213 (Rev 7/96) rCEOVE TTE COUNTY NING DIVISION rl�rl—dez4wo -IIvjw lam WENDY CSER 0, •�'' COMM 41141260 ( - ! �' ' NOTARY PUBLIC-CALL=011—A U BUTTE COUNTY My Comm. Expires June 27, 2001 s MAIL TAX STATEMENTS AS DIRECTED ABOVE GRANT DEED Escrow No. '3=WC Title Order o. 00301310 EXHIBIT ONE Lot 21, as shown on that certain Map entitled, "PARADISE PINES COMMERCIAL PARK", filed in the Office of the County Recorder of Butte County, California, on December 17, 1970, in Book 38, of Maps, at Page(s) 15 and 16. EXCEPTING THEREFROM all valuable minerals beneath the surface of the said lands; with the right to mine and extract said minerals, it being understood and agreed that in all mining operations, the surface of said lands will be protected against damage and that all such mining shall be*carried on from tunnels, shafts or drifts, having their orifices outside the surface area of the above described realty. Fidelity National Title Company OF CALIFORNIA Tony S. Vogel 19480 8 St. East, Unit 5 Sonoma, CA 95476 DATE: November 19, 1999 ESCROW NO: 301310 -WC PROPERTY ADDRESS: 6443 Hollywood Road, Magalia, CA 95954 In connection with the above mentioned property, enclosed please find the following: - Preliminary Report - Copies of items referred to in preliminary report We appreciate the opportunity of being of service to you. If we can be of further assistance, please feel free to call upon us. Sincerely, Wendy Cser �. Escrow Officer IMM enclosure(s) 6141 Center St. • Paradise, CA 95969 9 (530) 877-6268 9 FAX (530) 877-3443 Fidelity National Title Company OF CALIFORNIA PRELIMINARY REPORT )nse to the application for a policy of title insurance referenced herein, Fidelity National Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The Policy(s) of title insurance to be issued hereunder will be policy(s) of Fidelity National Title Insurance Company, a California corporation. Please read the exceptions shown or.referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. FIDELITY NATIONAL TITLE COMPANY OF CALIFORNIA ,,,OPAL ?" pPON goo Countersigned �; v° 'm ti ' SEAL ' o, BY artiidord ATTEST � "\Sk� sw"fary .-W Fidelity National Title Company OF CALIFORNIA 6141 Center Street • Paradise, CA 95969 (530) 877-6268 • FAX (530) 877-3443 PRELIMINARY REPORT DW OFFICER: Wendy Cser I i i Lt OFFICER: Barbara Clements TO: Phil Green ORDER NO.: 301310 SHORT TERM RATE: yes PROPERTY ADDRESS: 6443 Hollywood Road, Magalia, California EFFECTIVE DATE: October 21, 1999, 07:30 A.M. The form of Policy or Policies of title insurance contemplated by this report is: California Land Title Association Standard Coverage Policy - 1990 American Land Title Association Loan Policy (10-17-92) with A.L.T.A., Form 1 Coverage 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: Phil Green, an unmarried man 3. THE LAND REFERRED TO IN THIS REPORT IS SITUATED THE UNINCORPORATED AREA, IN THE COUNTY OF BUTTE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF DP\dp 11/18/1999 1 Order No. 301310 EXHIBIT "ONE" Lot 21, as shown on that certain Map entitled, "PARADISE PINES COMMERCIAL PARK", filed in the Office of the County Recorder of Butte County, California, on December 17, 1970, in Book 38, of Maps, at Page(s) 15 and 16. EXCEPTING THEREFROM all valuable minerals beneath the surface of the said lands, with the right to mine and extract said minerals, it being understood and agreed that in all mining operations, the surface of said lands will be protected against damage and that all such mining shall be carried on from tunnels, shafts or drifts, having their orifices outside the surface area of the above described realty. Assessor's Parcel No: 065-460-021-000 2 Order No. 301310 'HE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE DDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY A WOULD BE AS FOLLOWS: Property taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 1999-2000, Assessor's Parcel Number 065-460-021-000. Code Area Number: 1st Installment: 2nd Installment: Land: Improvements: Exemption: Personal Property: PLEASE NOTE: 093-014 $387.25 not marked paid $387.25 not marked paid $15,787.00 $57,500.00 S S The tax information contained herein may not reflect tax payments made after September 1, 1999, due to the conversion of the computer systems utilized by the Butte County Tax Office. 2. Supplemental assessment for 1998-1999 Bill No.: 995-075-970-000-98 1 st Installment: $250.68 Must be paid by: June 29, 1999 2nd Installment: $285.68 Must be paid by: November 1, 1999 PLEASE NOTE: The tax information contained herein may not reflect tax payments made after September 1, 1999, due to the conversion of the computer systems utilized by the Butte County Tax Office. 3. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (Commencing with Section 75) of the Revenue and Taxation code of the State of California. 4. Easements and building setback line, dedications or offer for dedication, if any, and statements, if any, as shown on that certain Map filed in the Office of the Recorder of the County of Butte, State of California, on December 17, 1970, in Book 38 of Maps, at Page(s) 15 and 16, referred to herein. 5. Easements) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Pacific Telephone and Telegraph Company Purpose: public utilities Recorded: March 25, 1949, Book 497, Page 225, of Official Records Affects: The exact location and extent of said easement is not disclosed of record. 3 (Continued) Order No. 301310 Covenants, conditions and restrictions (deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin) as set forth in the docyment Recorded: December 22, 1970, Book 1650, Page 549, of Official Records The provisions of said covenants, conditions and restrictions were extended to include the herein described land by an instrument Recorded: . July 20, 1972, Book 1771, Page 344, of Official Records Modification(s) of said covenants, conditions and restrictions Recorded: December 31, 1975, Book 2039, Page 110, of Official Records and recorded: March 14, 1980, Book 2496, Page 174, of Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. 7. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations, secured thereby Amount: $50,000:00 Dated: March 13, 1998 Trustor: Phil Green Trustee: Fidelity National Title Beneficiary: Butte Community Bank Loan No.: Recorded: April 2,1998, Instrument No. 98-12553, of Official Records 8. Matters contained in that certain Agricultural Statement of Acknowledgment which provides for, among other things, that the herein described property may be subject to inconveniences or discomfort arising from necessary farm operations. Recorded: April 29, 1998, Instrument No. 98-16620, of Official Records Reference is made to said document for full particulars. END OF ITEMS Note 1. There are NO deeds affecting said land, recorded within twenty-four (24) months of the date of this report. Note 2. None of the items shown in this report will cause the Company to decline to attach CLTA Endorsement Form 100 to an Extended Coverage Loan Policy, when issued. Note 3. The Company is not aware of any matters which would cause it to decline to attach the CLTA Endorsement Form 116 indicating that there is located on said land Commercial Building known as 6443 Hollywood Road, Magalia, Ca. 95954 to an Extended Coverage Loan Policy. A (Continued) Order No. 301310 4. The name(s) of the buyer(s) furnished with this application for Title Insurance is/are: Tony S: Vogel If these names are incorrect, incomplete or misspelled, please notify the Company. 5. Effective January 1, 1998, there are new guidelines for documents that are recording in Butte County. (1) the right and left margins on the document have to be at least one-half of an inch. (2) any documents over 8 1/2 X 11 will be charged a penalty. Please be aware of these changes. Please change your documents accordingly. Note 6. IF YOU BOUGHT, SOLD OR REFINANCED A HOME (RESIDENTIAL REAL PROPERTY) IN CALIFORNIA BETWEEN JULY 1, 1989 AND FEBRUARY 28, 1997, PLEASE READ THE FOLLOWING: Pursuant to a Settlement Agreement in a Class Action Lawsuit filed in the Superior Court for Los Angeles County, a Settlement Agreement has been entered into that provides persons who bought, sold or refinanced residential real property in the State of California between July 1, 1989 and February 28, 1997, with certain rights. If you are such a person and you are now engaged in an escrow transaction with Chicago Title Company, Gateway Title Company, Benefit Land Title Company or Fidelity National Title Insurance Company, you have the following rights: If one of these companies previously handled residential escrow transaction for you" that involved residential real property in. which a mortgage, promissory note, or similar debt instrument, repayment of which was secured by a duly recorded Deed of Trust, was fully paid, satisfied or discharged and a reconveyance of that Deed of Trust was executed and was delivered to one of those title companies for recording but was inadvertently not recorded, you have the right to request that a release of obligation or reconveyance be recorded in accordance with the terms of the Settlement Agreement. To obtain this right you must: (1) Establish to the satisfaction of the Title Company that you actually closed an escrow between July 1, 1989 and February 27, 1997, which was handled by one of the above listed Title Insurance Companies, in which a Mortgage, Promissory Note or similar debt instrument secured by a duly recorded Deed of Trust was fully paid, satisfied or discharged and a reconveyance of that Deed of Trust was executed and was delivered for recordation to the Title Company that handled the prior transaction. Proof of said transaction shall be made by presenting a Closing Statement, Preliminary Title Report, Title Insurance Policy or a paid escrow invoice which identifies you and the prior Deed of Trust and (2) Request in writing the recording of a Reconveyance or Release of Obligation in the event that one inadvertently had not been previously recorded in the escrow transaction previously handled by one of the above named title companies. IF YOU BELIEVE THAT YOU ARE ENTITLED TO BENEFITS AS A CLASS MEMBER, PLEASE SEND YOUR WRITTEN REQUESTS OR ANY QUESTIONS CONCERNING THE FOREGOING TO JANET BORACK, LEGAL DEPARTMENT, FIDELITY NATIONAL TITLE INSURANCE COMPANY, 17911 VON KARMAN AVENUE, SUITE 300, IRVINE, CALIFORNIA 92614. (Continued) Order No. 301310 �. "Section 12413. 1, California Insurance Code became effective January 1, 1990. This legislation deals with the disbursement of funds deposited with any title entity acting in an escrow or subescrow capacity. The law requires that 4I1.,funds be deposited and collected .by the title entity's escrow and/or subescrow account prior to.disbursement of any funds. Some methods of funding may subject funds to a holding period which must expire before any funds may be disbursed. In order to avoid any such delays, all fundings should be done through wire transfer, certified check or checks drawn on California financial institutions. Note 8. The charge where an order is cancelled after the issuance of the report of title, will . be that amount which in the opinion of the Company is proper compensation for the services rendered or the purpose for which the report is used, but in no event shall said charge be less than the minimum amount required under Section 12404.1 of the Insurance Code of the State of California. If the report cannot be cancelled "no fee" pursuant to the provisions of said Insurance Code, then the minimum cancellation fee shall be 5360.00. Note 9. California Revenue and Taxation Code 18668, effective January 1, 1991, requires that the buyer in all sales of California Real Estate, wherein the Seller shows an out of State Address, withhold 3-1/3% of the total sales price as California State Income Tax, subject to the various provisions of the law as therein contained: 0 PARADISE PINES COMMERCIAL PARK PTN. SEC. 24, i WP. 23 N., R. 3 E. M.D. B. B M. n I)a )o r. /• JC I. It JYf. IJ V O z2 22 s o VINE ROAD R Q BK 1641 Pa RAD15E PINGS COku ERClac J'ARR — R.c. /7 DYc. 1570 SB mo,? 15 d /6 THIS IS NOTA SURVEY THIS IS A COPY OF THE COUNTY ASSESSOR'S PLAT MAP AND IS PROVIDED SOLELY TO AID IN LOCATING THE LAND IN RESPECT TO ROADS AND OTHER PARCELS. FIDELITY NATIONAL TITLE CO. ASSUMES NO LIABILITY FOR ANY LOSS OCCURRING BY REASON OF RELIANCE THEREON. Assessors -'Map No. 65-46 County of Butte, Calif. REVISED+ 9-92 1' f 07-9f 1 •Soo. a 1. It 240 // co -o. -c• n ao• o•• o• i YJo So a O 60 r•co I Q .v uo•�+•cSr J O o c O N v/ 46 41 w• A ^ 1; ,^� •! 40 6 21 O OZ R£SU19.IpARA0141 P/NES CoN RCIA PAW 126-2 ?I o" +m•o••o•;. 6 O /7 /7 � O � 27 � 60.o a.a c0.o Sa.o L'•.J wo.o w � .0.0 k.o So.o Sao Sao vo.a 60.0 so.o 60.0 aJS: 2B B T9 6G0 k.o 10 3/ 60.0 O 7 B S 10 I! 12 IJ ,�, N !1 v. br d O •Q a J635 J6 J7 .IB y !i ' o X20 d W 29 JG J/ J: a :ro Z /taro Sa f• v 1 w foto SKYWAY I; BK 1641 Pa RAD15E PINGS COku ERClac J'ARR — R.c. /7 DYc. 1570 SB mo,? 15 d /6 THIS IS NOTA SURVEY THIS IS A COPY OF THE COUNTY ASSESSOR'S PLAT MAP AND IS PROVIDED SOLELY TO AID IN LOCATING THE LAND IN RESPECT TO ROADS AND OTHER PARCELS. FIDELITY NATIONAL TITLE CO. ASSUMES NO LIABILITY FOR ANY LOSS OCCURRING BY REASON OF RELIANCE THEREON. Assessors -'Map No. 65-46 County of Butte, Calif. REVISED+ 9-92 1' f 07-9f 1 EXHIBIT A AMERICAN LAND TITLE ASSOCIATION 4L TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exclusions, you ere not insured against loss, costs, attorney's fees, and the expenses resulting nom: 1. Any rights, interests, or claims of parties in possession of the land not shown by the public records. • land use • mprovements on the land • land division • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at policy date. This exckrsion does not limit the zoning coverage described it Items 12 and 13 of Covered Title Risks. 2. The right to take the Wind by condemning it, unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you it you bought the land without knowledge of the taking 3.Titb Risks: •that are created, allowed, a agreed to by you •the,, aro known to you, but not to us, on the Policy Date -unless they appeared in the public records •that result n no loss to you 1 •that first affect your title after the Policy Date • this does not limit the labor and material lion coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Look of a right: • to any land outside the area specifically described and refarred to in Item 3 of Schedule A W • in streets, alleys, a waterways that touch your land. This exclusion does not limit the access coverage in Item 5 of Covered This Risks. SCHEDULE B EXCEPTIONS In addition to the Exclusions, you we not insured against loss, costs, resulting from: attorneys' fees, and the expenses 1. Any rights, interests, or claims of parties in possession of the land not shown by the public records. 2. Any easements or liens not shown by the public records. The does not limit the lien coverage in Item 8 of Covered Title Risks. 3.Any facts about the land which a correct survey would disclose and which we not shown by the public records. The done not limit the forced removal coverage in item 12 of Covered Title Risks. 4.Any water rights or claims or title to water in or under the land, whether or not shown by the public records. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE The following matters we expressly excluded from the coverage of the policy and the Company will not pay loss or damage, costs, ettaney's fees or expenses which arise by reason of: 1. (a) Any taw, ordnance a governmental reputation (i ckrdng but not limited to building and zoning laws, ordinances, or regulations) restricting, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; Iii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership Or a change in the dimensions or are. of the land or any parcel of which the land is a was a part; or (iv) environmental protection, or the effect of any violation of these laws, enforcement thereof or e notice of a defect, lien or encumbrance resulting from a violation a alleged violation affecting the land hes been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by la) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting horn a violation Or alleged violation affecting the land has been recorded in the public records at Data of Policy. 2. Rights of eminent domes unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage my taking, which has occurred prior to Data of Policy which would be binding on the rights of a purchaser for value without knowledge. i. Defeats, fans, encumbrances, adverse claims, a Odle, matters: (a) created, suffered, assumed Or agreed to by the insured clamant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant becerne m insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or aeated subsequent to Date of Policy, or (e) resulting in loss or damage which would not have been sustained if the insured clamant had paid value for the estate or interest insured by the policy. 4. Unenforceability, of the lien of the insured mortgage because of the inability or faikrre of the insured at Data of Policy, Or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the -tate in which the land is situated. 5. Invalidity or unenforceability, of the lien of the insured mortgage, a claim thereof, which areas out of gine transaction evidenced by the insured mortgage and is based upon usury a my consumer credit protection a truth n lending low. 6. Any claim, which Wiles out of the transaction vesting in the in the estate or interest insured by the policy or the trmsaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage land the Company will not pay costs, attorney's fees Or expenses) which arise by reason of: PART 1 1. Taxes or assessments which are not shown as existing liens by the records of my taxing authority that 3. Easements, liens a encumbrance., a claim thereof, which are not shown by the public records. levies taxes or assessments on real property or by the public records. Proceedings by a public agency 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, a my other fact' which which may result n taxes a assessments, a notices of such proceedings, whether or not shown by a correct curvet' would disclose, and which we not shown by the public record.. the reewds of such agency a by the public records. 5. la) Unpatented mining discos; Ibl d which we a shoe tins n 2. Any facts, rights, intarests a claims which are not shown by the public records but which could be P patents a n Acts authorizing the issuance thereof: Ic) water rights, claims a title to water, whether a not the matters excepted under ascertained by an inspection of the tend a which may be asserted by persons n possession thereof. le), (le), or le) we shown by the public records. n EXHIBIT A (CONTINUED) AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH A.L.T.A. ENDORSEMENT -FORM 1 COVERAGE AND RICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH A.L.T.A. ENDORSEMENT -FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorney's fees or expenses which arse by reason of: 1. (a) Any law, ordinance or governmental regulation Including but not limited to building and zoning laws, ordinances, or regulations) restricting, prohibiting or relating to (i) the occupancy, use, or enjoyment o1 the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area o1 the land or any parcel of which the land is or was a part: or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enlacement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation effecting the land has been recalled in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation, or alleged violation aHactng the land has been recorded ih the public records at Date of Pdlicy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Data of Policy which would be binding on the rights of a purchase for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant: Ib) not known to the Company, not recorded in the public records at Date of Polity, but known to theinsured claimant and not disclosed n writing to the Company by the insured claimant prior to the date the insured claimant became en insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy, or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest inured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the inured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business Laws of the state in which the land is situated. 5. Invalidity or unenforceability o1 the lien of the insured mortgage, or clam thereof, which arises out of the transaction evidenced by the insured mortgage, and is based upon usury or any consume credit protection or truth in lending Law. 6. Any statutory Iron for services. Labe or materials for the clam of priority of any statutory lien for services, labor or materials over, the lien of the insured mortgage) esng from an improvement or work related to the lend which is contracted for and commenced subsequent to Data of Policy and is not financed in whole or in put by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim which uses out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insotvency, or similar creditors' rights laws, that is based on: Id the transaction creating the interest of the insured mortgagee bang deemed a fraudulent conveyance a fraudulent transfer; or (iii the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; a (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except whore the preferential transfer results from the failure: Jai to timely record the instrument of transfer; or Ib) of such recordation to input notice to a purchaser for value or a judgement or lien creditor. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters we expressly excluded from the coverage of the policy and the Company will not pay loss or damage, costs, attorney's fees or expenses which ase by reason of: 1. (a) Any law, advance or governmental regulation Includng but not limited to building and toning laws, ordinances, or regulations) restricting, prohibiting or relating to (i) the occupancy. use, or enjoyment of the land; (ii) the character, dimensions or location o1 any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel o1 which the land is or was a part; or (iv) environmental protection, or the effect o1 any violation o1 these lows, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or e notice of a defect, lien or encumbrance resulting from a violation a alleged violation affecting the land has been recorded v the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above„except to Via extent that a notice of the exercits thereof a e notice of a defect, lien or encumbranceb resulting an a violation a alleged violation affecting the land has bean recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Data of Polity which would be binding on the rights of a purchases for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other, mattes: (a) created, suffered, assumed or agreed to by the insured claimant: (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured clamant; Id) attaching or created subsequent to Date of Policy, or lel resulting in loss or damage which would not have been sustained if the insured claimant has paid value for the estate or insured by this policy. Z. Any chin which uses out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insotvaney, or similar =editors' rights laws, that is based on: lir) the transaction =eating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the }ailuro: (a) to timely record the instrument or transfer: or (b) of such recordation to impart notice to a purchaser for value or a judgement or lien creditor. The above ALTA policy forms may be issued to aMord either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage it a Standard Coverage policy will also include the following General Exceptions: SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage land the Company will not pay costs, attorney's fees or expenses) which use by reason of: PART 1 1. Texas or assessments which we not shown as existing lions by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether a not shown by the records of such agency a by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the lend or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which we not shown by the public records. 4. Discrepancies, conflicts in boundary Ines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which we not shown by the public records. 5. (a) Unpatented mining chins: (b) reservations or exceptions in patents a in Acts authorizing the ssumce thereof: (c) water rights, clans a title to water, whether or not the matters excepted undo (a). (b), or (c) are shown by the public records. EXHIBIT A (CONTINUED) AMERICAN LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE INSURANCE FOR A ONE -TO -FOUR FAMILY RESIDENCE (10-17-98) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' lees, and expenses rewhing from: 1. Governmental police power, end the existence a violation of any law or government reputation. This includes ordinances, laws and regulations concerning: a. building b. Zoning c. Lend use d. inprovemants on the land e. Land division f. environmental protection This Exclusion does not apply to violations Or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16. 17 or 24. 2. The failure o1 Your existing structures, or any pert of Mem, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes it notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Lend by condemning it, unless: a. a notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b: that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; C. that result in no loss to You; or ' d. that fest occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25. 5. Failure to pay value for Your Title. 6. Lack o/ a right: ' a. to any Land outside the was specifically described and referred to in paragraph 3 of Schedule A; and b. in eveets, alleys, a waterways that touch the Land. This Exclusion doe not limit the coverage described in Covered Risk 11 or 18. RESIDENTIAL TITLE INSURANCE POLICY ONE -TO -FOUR FAMILY RESIDENCE ENHANCED VERSION (1997) EXCLUSIONS In addition to the Exceptions in Schedule B, you we not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. The includes building and sonno ordinances and also laws and regulations concemng: a. land use; b. improvements on the land; C. land divisions; Or d. environmental protection. The exclusion does not apply to violations or the enforcement of these matters which appear in the public records et Policy Date. The exclusion does not limit the coverage described in Item 12c and d, 13 and 1B of Covered Title Risks. 2. The right to take the land by condemning it, unless: a. a notice of exercising the right appears in the public records on the Policy Date; or b. the taking happened prior to the Policy Date and is binding on you it you bought the land without knowing of the taking. 3. Title Risks: a. that we created, allowed, or agreed to by you; b. Met we known to you, but not to us, on the Policy Date - unless they appeared in the public .records; c. - that result in no loss to you; Or d. that fist affect your title after the Policy Date - the does not limit the Coverage described in Items 3b, S. 17 and 19 of Covered Title Risks. 4. Failure to pay value for your title. 5. lack of a right: (a) to any land outside the web specifically described and referred to in Item 3 of Schedule A or (b) in streets, alloys, m waterways that touch your land. The exclusion don not limit the coverage described in Items 5 and 12a of the Covered Title Risks. •t., �Y y, Order :Io.: 3-58'183WC LEGAL DESCRIPTION EXHIBIT "ONE• Ss." b.. All that certain real property situate in the; unincorporated area of the County of Butte, State of California, being..more particularly described as>? follows: Lot 218,' . as shown., on .that certain 'map . entitled "PARADISE -PINES COMMERCIAL PARK-, filed.' .inthe -1-of f ice ' of :.' .the `County Recorder ' of Butte Count J l: `1970, .'in Book 3.8: of 'Maps,;page 15 AND 16 . rx California, on .DECEMBER•! , . EXCEPTING TH7.REFROM ALL VALUABLE MINERALS BENEATH THE SURFACE OF THE SAID ` LANDS,'WITH.THE RIGHT. `TO: MINE..AND EXTRACT SAID:' MINERALS, IT BEING UNDERSTOOD Gcd AND AGREED THAT IN ALL MINING`OPE'i2ATIONS,'THE?:SURFACE OF SAID LANDS WILL BE N FROM PROTECTED'AGAINST DAMAGE HAVING THEHAT IRUCH MINING OUTSIDE THE SURFACE BE CARRIED OAREA OF TUaNELS, SHF.FT3 OR DRIFTS, r THE ABOVE DESCRIBED REALTY• ?? AP#065 46 0 021 0 End of Legal Page 6 (ol or ►q ��� i m� ►5� - ���° Ids'°° �3_ `rA,� �/a .� .,..... .... �{ DATE RECEIPT NO. TOTAL RECEIVED PUBLIC WORKS LAFCO PLANNING PUBLIC SALES ENV. HEALTH FIRE NOE/NOD F/G FEE OTHER APPLICANT RECEIVED FROM OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING RECEIPT 19637 ISSUED BY • • JAJ tp VY' j I In T C 1? 0 JAJ tp VY' j I In I In I 113dti0� l r JO 1133HS °-VS696''VO 'VI�VOVN 8l9 X08 "0'd ad (JOOM),-nOH 2titV9 (.r; OJ3NMO) 1300A J\NOl 0 2J03 09 =.,1 31VOS 'd'3 -N O3NO3HO — o l0/9Z/9 31V8 A•y Ae NMVbB v 3 g a Ma owm w 3 z� r 00 �' _ 51IX1ND 3/K REBAR • v` r S F O / N 6953'32' E e0.00' t� "E V� 9 Z NOa off 0.33' IX 3' HOC MRE FENCE Q MN ffi -i 0 tk 10' 1 I� chk a ON 3NN i� 43'i 2' 1Y O AVAOIS Z s 6 J X97.4 E°$ slul v 9 lea y� $ 5.54' 1 y a Y Eg 4aa Z w o 2 40' 2 R g Z z a r I 10' \ C/) omo3 �. X97.e T� U ly..J O Z Z7� Z $ NAL MI Q f 5' P.1E FOR TBM = Q < Ar, j I 1 ° EIEV 100.41 (ASSUMED) WPO W NN = g W U k 9�3 W�mc� w O I U U i Z �u SI I I o,� coU� m Qi iW wa ;I Iv J N i I la 60' o O mSa� W w w z ". 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AM°AJ6 IX $ � "� i T � D � • P OOOMAIIOH I • 7�6 Gc� n� 4zd� �� £ O G COUNTY OF BUTTE OFFICE OF PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3397 RETURN SERVICE REQUESTED PUBLIC J°'D HEARING NOTICE J010000 BARIA AGIIT S 4841 AMBLE BROOK 3 SACRAMENTO CA BARI841 958232176 1101 27 11/20/01 RETURN TO SENDER BARIA 7690 LA RIVIERA DR SACRAMENTO CA 95826-5704 HUMP 95823 p�=e-9 COUNTY OF BUTTE �, 11-1 nil, �6�' OFFICE OF PLANNING DEPARTMENT ° 7 COUNTY CENTER DRIVEd OROVILLE, CALIFORNIA 95965-3397 mgffA RETURN SERVICE REQUESTED r 065190093000- PUBLIC GRIN ES RICHARD W &•BEVY M 273 KUWAIT WAY PACHECO CA 94553 HEARING -- NOTICE Rt.7 :hlRN YO ��'• NW-.J.°ii.ti GRIMFS PO H()X MAGALIA 1IP8 CA 95954-1128 RUl4� 63 •-; j'�':' !1!!!11 1!1111!1!1!!!1111111 fill Milt 11still! III !!illA!!1 fill !I!!1 COUNTY OF BUTTE OFFICE OF PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3397 RETURN SERVICE REQUESTED PUBLIC - e HEARING NOTICE Is 07. 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