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HomeMy WebLinkAboutUP 03-0247, PROJECT SUMMARY SHEET #: UP 03-02 PROJECT TYPE: Use Permit APPLICANT: Harold A. Stimson ADDRESS: 14340 Troy Way, Magalia, CA 95954 OWNER: same ADDRESS: REPRESENTATIVE: ADDRESS: PROJECT DESCRIPTION: Use Permit to construct multiple dwellings in the C -C (Community Commercial) Zone at the rear of the lot PROPERTY ZONED: C-C/WP (Community Commercial/Watershed Protection Overlay) LOCATED: on the east side of Lakeridge Circle, approximately 970 -feet east and north of Skyway, Magalia AP#: 066-340-005 TOWN/AREA: Magalia GENERAL PLAN DESIGNATION: C (Commercial) 1. Application accepted: 10/11/2002 Amount: $ 1,078.00 Receipt #: 20802 2. Comments sent to: Environmental Health, LAFCo, California Department of Forestry, Develop. Services Director, Agricultural Commission, Assessor, Public Works Director 3. Comments received from: 4. Rezone Petition Signatures Checked: 5. Mailing List/Lead-in Sheet: 6. Assigned To: Mark Michelena 7. Environmental Determination: State Clearinghouse No: Categorical Exemption-CEQA# Megative Declaration itigation Negative Declaration Subject to Fish & Game: Environmental Impact Report Gen. Rule Ex. -CEQA # 15061.(bx3) Other 8. Staff Report: Project Video: 9. Clearinghouse circulation required: Yes No Date Sent to SCH: 10. Publication Notice Written: P a 7 3 Display Ad Prepared: 11. Notices Mailed: a%�Number of Notices: 02 (7 12. Newspaper Publication Date:%- �5 =0 3 O C P G B 13. Planning Commission Hearing(s): Action taken: Special Conditions: Commission Resolution No. 14 15 16. 17. 18. 19. Board of Supervisors' Hearing(s): Action taken: Board Resolution No.: Type Use Eermit/Send for signature: N.O.E. /`N.O.D. APPENDIX G:. _ Send vali?i se Pqrmit:T OJ Assessor's Memo: (0114b; Copy of Use Permit / Variance to Planning Technician: Ordinance No: Adopted: Fish & Game Fees Paid: Yes No Harold Stimson, proposed Negative Declaration with mitigation measures regarding environmental impacts and Use Permit to construct two single-family dwellings in the C -C (Community Commercial) zone. The property is located on the east side of Lakeridge Circle, approximately 970 feet northeast of Skyway, Magalia. APN 066-340-055 (MM) (UP 03-02) Mr. Michelena gave a brief summary of the project. Commission Marin asked what Level E for traffic meant. Mr. Michelena said Level E is where there would be congestion at intersections at peak travel times. Mr. Baker explained the traffic level numbers assigned to traffic flows. Commissioner Leland asked about a previous application for residential in a commercial zone. He asked staff to refresh their memory. Mr. Michelena said he was not sure, but he believed the application was denied by the Commission and approved by the Board of Supervisors on appeal. Commissioner Leland said one of the concerns was bringing new vehicle trips to the ridge area. Mr. Wannenmacher noted that the permit was approved by the Board on appeal, but has not been issued. Commissioner Marin said he studied the articles in the paper regarding this request and did not feel the Town of Paradise should tell the County what to do. There was a brief discussion on peak flow traffic. The hearing was opened to the pubic. Harold Stimson said he has lived in Paradise Pines for 25 years. He said these lots were created in 1972 and that they are good lots with good soil. He said he was surprised to learn the property was in the Watershed Protection Zone. He said the subdivision has sat empty for 30 years. He said there is no demand for commercial in the area. He said people shop in Paradise or Chico. He felt that if commercial uses were put on the lots that it would draw more traffic from Paradise to the ridge than adding two residences will. He said if this is approved, the homes will be set at the back of the property leaving the front of the lots to develop commercial at a later time if desired or there becomes a need. He said water is available. Commissioner Leland said they might want to encourage commercial uses in Magalia. He noted that allowing residential dwellings might discourage future commercial development. Mr. Stimson said he did not think so because the homes will be on the back of the lots. He again noted that commercial uses could be put on the front of the lots if needed. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ SEPTEMBER 25, 2003 ■ PAGE 1 ■ Mr. Wannenmacher asked the applicant if he had read and understood the condition. Mr. Stimson said "yes", he read the conditions and he had no problems with them. Mr. Wannenmacher asked if he understood the condition on the pro rata cost share for congestion reduction improvements being paid if a fee was established prior to Mr. Stimson getting his building permits. Doug Fogel said the development of residences on the property would not preclude commercial being put in later, but would limit the types of commercial uses allowed. Mr. Stimson said he is willing to state that he understands and agrees with the conditions. The hearing was closed. Commissioner Evans asked how many of the dozen commercial lots on the west side of Lakeridge Court has buildings. Mr. Michelena said just two of the lots are occupied and he believes the rest are vacant. Commissioner Evans said there does not seem to be a large demand for commercial uses in the area. He was willing to approve the two residential dwellings if the conditions are complied with. Commissioner Marin said he concurred with Commissioner Evans. He said commercial has a higher traffic increase than residential dwellings. ' Mr. Michelena commented on the limited types of commercial that could go in such as a video store. Mr. Baker discussed the need for commercial zoning in the area for future commercial uses. Commissioner Lambert said with commercial uses the traffic would stay on the ridge more. She noted that there is only one way in and out of Magalia. Mr. Baker said he was surprised more people have not put in commercial uses to avoid the trips to Paradise. Mr. Michelena said, if approved, this would be the first residential dwellings leaving the front of the property available for commercial uses. There was a brief discussion on this setting a precedent. He had a correction on the Findings on Page 7 to change A 1 #18 to #17. It was moved by Commissioner Marin, seconded by Commissioner Evans, and carried to approve the Use Permit for Harold Stimson subject to the findings and conditions listed below changing A 1 #18 to A 1 #17,. by the following vote: AYES: Commissioners Marin, Nelson, and Evans NOES: Commissioner Leland and Chairman Lambert ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ SEPTEMBER 25, 2003 ■ PAGE 2 ■ • ABSENT: No one ABSTAINED: No one • 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 did not identify significant environmental effects; a Mitigated Negative Declaration is proposed. B. The Planning Commission has considered the proposed Mitigated Negative Declaration, together with comments received during the review process. C. On the basis of the whole record before the Planning Commission, including the Initial Study and any comments received, there is no substantial evidence that the Use Permit for Harold Stimson, Planning Division File No. UP 03-02 will have a significant effect on the environment. D. The proposed Mitigated Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. E. Adopt the Mitigated Negative Declaration regarding environmental impacts, as detailed in the Agenda Report dated September 11, 2003. II. Adopt a "de minimis" exemption regarding impact to fish and wildlife or their habitat. The design of the proposed project improvements will not cause environmental damage to fish and wildlife or their habitat. The collection of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is not required. The project site is not known to contain any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U. S. Fish and Wildlife Service. The project will not have a substantial adverse effect on any riparian habitat; have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act; interfere substantially with the movement of any native resident or migratory fish or wildlife species; conflict with any local policies or ordinances protecting biological resources; or conflict with the provisions of an adopted Habitat Conservation Plan. M. Approve Use Permit 03-02 for Harold Stimson, subject to the following findings and conditions in Exhibit "A". A. The proposed uses of the property will not impair the integrity and character of the zone in which the land lies, and the use 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: ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ SEPTEMBER 25, 2003 ■ PAGE 3 ■ 1. Compliance with California Department of Forestry Condition #17 will ensure that the proposed use will not pose a fire hazard and will comply with the Fire Safe Regulations (Public Resources Code Section 4290); and, 2. Compliance with Butte County Air Quality Management District Condition # 1 and #2 will ensure that no impacts related to air quality and fugitive dust will occur as a result of the proposed use; and, 3. Compliance with Planning Division Condition #4 will ensure that the proposed use is developed and operated in compliance with the provisions of the Watershed Protection Overlay Zone; and, 4. Compliance with Department of Public Works Conditions #12 through #14 ensures that the proposed use complies with Butte County Development standards pertaining to road construction and drainage and that a pro -rata cost share is provided for future congestion reduction improvements at the northerly intersection of Lakeridge Circle and the Skyway; and, 5. Compliance with Environmental Health Division Condition #15 and #16 ensures that the proposed use shall be served with adequate water and sewer service and that the proposed on-site sewage disposal systems comply with the Watershed Protection Overlay Zone. B. The proposed project is conditionally consistent with the C-C/WP (Community Commercial/Watershed Protection) Zone with a Use Permit and is permitted as a secondary use under the Commercial General Plan designation. C. Based on the above findings, the proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare, or injurious to properties or improvements in the vicinity. Conditions of Approval: Planning Division: 1. Wood stove and fireplace inserts installed in any home within this development shall be EPA approved and designed to meet emissions standards of the California Clean Air Act of 1988 as amended (Mitigation Measure #1). Plan Requirements: All requirements shall be noted in the Use Permit and building plans. Timing: Prior to issuance of building permits, compliance with above mitigation is required to authorize fireplace or wood stove inserts. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ SEPTEMBER 25, 2003 ■ PAGE 4 ■ Monitoring: The Building Division shall review EPA approval for applicable building permit applications and shall inspect improvements to ensure construction in compliance with approved permit(s). 2. Measures shall be taken to control fugitive dust emissions from all driveways and other civil construction associated with development. All disturbed areas, including driveways, shall be treated with water and/or other acceptable soil palliatives during and after construction to minimize the creation of dust and to protect air quality in the surrounding area. The treatment shall be maintained until ground surfaces are stabilized with vegetation or pavement. (Mitigation Measure #2) Plan Requirements: The conditions shall be noted in the Use Permit. All requirements shall be shown on building plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: Building inspectors shall spot check and shall ensure compliance bn-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. 3. Should grading activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains. (Mitigation Measure #3) Plan Requirements: The condition shall be placed on the Use Permit. All requirements shall be shown on building plans. Timing: This measure shall be implemented during site preparation and construction. Monitoring: Should cultural resources be discovered, the Planning Division shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 4. Watershed Protection Zone Erosion Control Measures: (a) All driveways for this development shall be surfaced with at least two (2) inches of Class 2 aggregate base, unless required to be developed to a higher standard. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ SEPTEMBER 25, 2003 ■ PAGE 5 ■ �_ (b) All roads created as a result of this development shall be surfaced with a minimum of two (2) inches of Class 2 aggregate base, to a minimum width of twenty (20) feet, unless required to be developed to a higher standard by other code requirements. This standard shall apply from a maintained County road, or existing road of a higher standard, through the parcel being divided. (c) All roads and driveways shall meet the minimum requirements as prescribed by Public Resources Code 4290 and 4291 and Butte County Fire Safe Regulations, or as prescribed by the Butte County Department of Public Works. (d) Erosion and sediment control plans, including provisions for wet weather conditions, shall be submitted with all Building permits, discretionary development projects, and grading plans, excluding structures that fall under the provisions of Section 26-3.1 of the Butte County Code. The erosion and sediment control plans shall include both temporary (first year) and permanent erosion control protection measures that prevent sediment and other pollutant discharges from reaching watershed drainages and streams. The erosion and sediment control plans shall comply with the recommendations of a qualified professional involved in the preparation of erosion control plans. Said plans shall be reviewed and approved by the Department of Development Services. (e) The erosion and sediment control plan shall include the time of year for construction activities. No soil disturbance shall occur after November 15 or before April l unless the Director of Development Services, or his or her authorized agent, determines project soil conditions to be adequate to accommodate development activities. All such areas where land clearing has been completed between April l and November 15 shall be revegetated, hydro -seeded, mulch protected or otherwise stabilized no later than December 1. Should grading be permitted during the rainy season, the smallest practicable area of erodible land shall be exposed at any one time and the time of exposure shall be minimized. Temporary erosion control measures shall be in place on a daily basis. (f) No structures shall be placed within two hundred (200) feet of the high water mark of the Paradise or Magalia Reservoirs or within fifty (50) feet of the top of the bank of any perennial or ephemeral water course, as shown on the most recent edition of USGS •7.5 minute topographic maps, in the Firhaven Creek, Paradise Reservoir, and Magalia Reservoir watersheds. This provision shall not preclude development on a parcel that would otherwise become undevelopable due to this provision. (Mitigation Measure #5) Plan Requirements: The mitigation shall be placed on the Use Permit and shown on all building plans. Timing: This measure shall be implemented during site preparation and construction. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ SEPTEMBER 25, 2003 ■ PAGE 6 ■ • 0 Ul Monitoring: The Planning Division shall ensure compliance with all erosion control measures. 5. The applicant or developer shall be required to submit a development impact fee for Sheriffs facilities shall be paid pursuant to the provisions of Chapter 3, Article H of the Butte County Code, prior to issuance of building permits. The fee amount would be determined and calculated as of the date of application for the building permit. (Mitigation Measure #8) Plan Requirements: The mitigation shall be placed on the Use Permit and shown on all building plans. Timing: The mitigation shall be required prior to the issuance of building permits. Monitoring: The Butte County Planning Division and Building Division shall ensure compliance. 6. A development impact fee for school facilities shall be paid prior to issuance of building permits. The fee amount would be determined and calculated as of the date of application for the building permits." The fee amount would be determined and calculated as ofthe date of application for the building permit. (Mitigation Measure #9) Plan Requirements: The mitigation shall be placed on the Use Permit and shown on all building plans. Timing: The mitigation shall be required prior to the issuance of building permits. Monitoring: The Butte County Planning Division and Building Division shall ensure compliance. 7. The residential developer shall be required to install a sound deadening wall or planted berm of required size at the time of construction of the residential units (per Butte County Code 24-150(e)(12)). The wall or berm shall be required along the property of adjacent commercially zoned parcels in the location of the residential units. If the subject parcel is developed in the future with a commercial use, a wall or berm of required size shall separate the on-site commercial use from the on-site residential use. 8. Development fees for the proposed residential improvements shall be paid prior to the issuance of Building Permits. The fees shall be those in effect at time of application and shall include, but not be limited to, Park and Recreation District fees, Water and Sewer Service Fees, Permit and Plan Check Fees, and Fire Protection Fees. 9. The residential dwellings must meet all applicable setback requirements upon issuance of building permits. 10. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ SEPTEMBER 25, 2003 ■ PAGE 7 ■ n 11. All outstanding application processing fees shall be paid prior to issuance of the Use Permit. Public Works 12. Prior to site development and building permit issuance, 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. (Mitigation Measure #7) Plan Requirements: The mitigation shall be placed on the Use Permit and shown on all building plans. Timing: The drainage plan shall be required prior to the issuance of building permits. Monitoring: The Department of Public Works shall be responsible for ensuring compliance with this mitigation. 13. 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. 14. Prior to issuance of building permits, the applicant shall pay a pro -rata cost share for congestion reduction improvements at the northerly intersection of Lake Ridge Circle and the Skyway. Environmental Health Division 15. Butte County Environmental Health Division Requirements: (1) Prior to the issuance of a building permit, meet the sewage disposal requirements of the Watershed Protection Overlay Zone (Butte County Code Section 24-235). (2) Connect the proposed development to a public water supply. (3) Prior to issuance of a building permit, provide a "will serve" letter from Del Oro Water Co. stating that Del Oro Water Co. is willing and able to provide water to the living units proposed. (Mitigation Measure #4) Plan Requirements: The conditions shall be placed on the Use Permit and shall be shown on building plans. Timing: This measure shall be implemented prior to site development. Monitoring: The Environmental Health Division shall ensure compliance with requirements. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ SEPTEMBER 25, 2003 ■ PAGE 8 ■ 16. Prior to issuance of a building permit the applicant shall meet the sewage disposal requirements of Butte County for the installation of sewage disposal systems. California Department of Forestrv/Butte Count 17. Butte County Fire/California Department of Forestry Requirements: (a) Construction, installation or development of structures or facilities within this development shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulation in effect at the time of application for improvement permits. (b) 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. (c) 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 shall be 500 feet, hydrant size shall be 6 inches, and residual fire flow shall be 1,750 gallons per minute. Submit plans to the Fire Department for review and approval prior to construction of facilities. One additional fire hydrant shall be required. (Mitigation Measure #6) Plan Requirements: The mitigation shall be placed on the Use Permit and shown on all building plans. Timing: This Mitigation shall be implemented at the time of site construction and prior to issuance of final building permits. Monitoring: The Butte County Fire/California Department of Forestry shall ensure compliance with the requirements of this mitigation. 18. Fire hydrant identification, reflector or post reflectors shall be installed acceptable to the County Fire Warden. County Counsel 19. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to defend, indemnify and hold the County of Butte harmless from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. There is a 10 -day appeal period on all decisions with the Clerk of the Board. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ SEPTEMBER 25, 2003 ■ PAGE 9 ■ County of Butte Oroville, California 0 ' DATE OF CLAIM: October 13, 2003 IMPORTANT:_ CLAIMANT: Harold `StimsSEE INSTRUCTIONS ADDRESS: 1r4340hTro.YYr t°": ° ` `_ BELOW CITY, STATE: Magalra, CA>95954Y . SUBMIT CLAIM TO DEPARTMENT RECEIVING GOODS OR SERVICES — County of Butte Oroville, California GENERAL CLAIM DATE OF CLAIM: October 13, 2003 IMPORTANT:_ CLAIMANT: Harold `StimsSEE INSTRUCTIONS ADDRESS: 1r4340hTro.YYr t°": ° ` `_ BELOW CITY, STATE: Magalra, CA>95954Y . SUBMIT CLAIM TO DEPARTMENT RECEIVING GOODS OR SERVICES — DATE DESCRIPTION OF CLAIM (DESCRIBE FULLY TO AVOID DELAY) AMOUNT October 13, 2003 REFUND of remaining funds on application_U_P__03=02;'APN 066-340-005, a completed project. $ 280.44 TOTALI $ 280.aa I, the undersigned, declare under penalty of perjury that the services or articles claimed have been performed or delivered, and that this claim is true and correct as stated. .;Dated this_ _._ . xday;of�iG%2003af�4'�sRL/f'1 Calif 15Z a� e- Signature of Claimant I, the undersigned, hereby certify that, to the best of my knowledge, the services or articles specified above have been performed or delivered and that there is a Budget AppropnatO or Specific Board App heck one) for the same. Dated this 23 amu: day of 2003, at Oroville Ca .Una D en Head or Authorized Deputy INSTRUCTIONS TO CLAIMANTS All claims against the County must be itemized, giving dates and character of service rendered or work performed, quantities, description and unit prices of articles fumished or delivered. Claims must be certified by the claimant and submitted to the Department head for approval. Upon approval, the Department head will forward claim to the County Auditor for payment. Do.Not file with the County Auditor first. Claims should be presented to officials for approval immediately upon completion of services requested or material ordered. Compliance with the above instructions will expedite payment of claim. Failure to do so may delay payment. Dept. Exp. Code 440-001 Code 4617241 /101001 PAYABLE FROM GENERAL FUND DO NOT WRITE BELOW THIS LINE - AUDITOR' USE ONLY DEPT & SUB. PROJ. SUB. OBJ. CLAIM NO. INV. NO. 14V. DATE ENCUMBER. GROSS AMT. t Claimant._ Submitted for your approval/signature. Please return signed form to: Development Services Department t Accounts Receivable 7 County Center Drive Oroville, CA 95965 DEPOSIT DATE: S-8 RECEIPTS: 3848M •'r y PLANNING APPL FEES{ GENL, 0040 44d 'I 4210 101001 499.58 Project Number _ Amount of Fee _ #00&34F-1-005 Stierson UP76i:62 $498.58 ..r NODMOE CLERK'S FILING FE GENLI 1040 47OW1 49492319. 101001 36.00- - (SM) Project Number- _ Amount offee 066-3415-M5 Sti nson BJP 03-02 _ $36 _ 1 TOTAL $ 532.58 APPROVED BY: RECEIVED By: AUDITOR -CONTROLLER TREASURER BY _" .� By: rte_ mite=treasum - pin auditor canary --depositor golden m' &-- fe c,� COUNTY OF BUTTE AUDITOR'S -CERTIFICATE AND TREASURER'S RECEIPT OROVILLE, CA, ATR RIC RECEIVED FROM PLANNING BAG 0329 DATE FUN® FUN© DEPT ACCT CAST" I DESCRIPTION TITLE CODE COLE CODE CODE DEPOSIT DATE: S-8 RECEIPTS: 3848M •'r y PLANNING APPL FEES{ GENL, 0040 44d 'I 4210 101001 499.58 Project Number _ Amount of Fee _ #00&34F-1-005 Stierson UP76i:62 $498.58 ..r NODMOE CLERK'S FILING FE GENLI 1040 47OW1 49492319. 101001 36.00- - (SM) Project Number- _ Amount offee 066-3415-M5 Sti nson BJP 03-02 _ $36 _ 1 TOTAL $ 532.58 APPROVED BY: RECEIVED By: AUDITOR -CONTROLLER TREASURER BY _" .� By: rte_ mite=treasum - pin auditor canary --depositor golden m' &-- fe c,� COUNTY OF BUTTE 384828 OFFICIAL RECEIPT M A M OFFICE OR DEP MENT ISSUING RECEIPT I Z?20 Received from The Sum of For Received: 1/0 - cc),5, Received By. CASH ❑ �,/ Thursday, August 07,'2003 Development Services PLANNING DIVISION: Receipt Number 384828 Payment Date 8/7/2003 Received From STIMSON j DDS Planning CONSTRUCTION Application Number UP 03-02 or Reference To Parcel Number 066-340-005 Check Number / Cash 4396 Total Received -- _ $J32 CJ$ ;. Total Fees $532 58.' Ver. 1.0 Public Works i - -- $0.00 $496.58 DDS Planning (General Fund) Environmental Health $0.00 I CDF � $0.00 NOD/NOE $36.00 (Recording Fee) ? F Aunt Minnie $0.00 $1,,500 or $2;000. Planning Review/El I $0.00 Fish/Game F L $0.00 ! � ALUC i $0.00 Non Sufficient Funds. i _ $0.00 j i t— Land Dev CeII.Tower $0.00 $0.00 Public Sales 7i • Butte County Department ofDevelopmentServices YVONNE CHRISTOPHER, DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538.7601 Telephone (530) 538-7785 Facsimile October 20, 2003 O ADMINISTRATION * BUILDING * GIS * PLANNING Mr. Harold Stimson 14340 Troy Way Magalia, CA 95954 Dear Mr. Stimson: Your note along with the Refund paperwork sent to you previously has been received. The refund has been calculated on Planning only charges. An underpayment would result in additional charges billed or, as in your case, a refund of the difference in actual charges and the amount paid for Planning. A recap of payments follows. A payment of $1078 was received 10/11/02, receipt 20802, check 4175. The breakdown is: $700 Planning, $150 Public Works, $185 for Environmental Health and $43 for Fire. An additional payment of $532.58 was made on 8/7/03, receipt 384828, check 4396. Planning received $496.58 and $36.00 was applied to the NOD/NOE filing fee. Fees paid for Public Works, Environmental Health, Fire and the NOD/NOE filing fee are non-refundable. These are flat fees for the respective areas listed and should be considered charges paid in full. The total you paid to the Planning Department of $1196.58 ($700 + $496.58) has been applied to your application, UP 03-02. Actual planning charges totaled $916.14 resulting in a refund due to you of $280.44. -Mu 4A� Letter to Mr. Harold Stimson October 20, 2003 Page Two • I hope this explanation of your charges answers any questions you may have had. Please feel free to contact me at 538-6571 if you do have further questions. Otherwise, you may sign the enclosed GENERAL CLAIM form and return it for your refund. Sincerely, Oz-e--t�41)e� Cheryl Spoor, .Administrative Services .Assistant Payroll/Personnel Representative Department of Development Services cc: Application file UP 03-02 - Stimson Enclosures 2 - t' Co un ty of Butte Oroville, California GENERAL CLAIM. DATE OF CLAIM: October 13, 2003 CLAIMANT:Harold4Stimson : ADDRESS: 1434"OTroy;Way;7 ,:; CITY, STATE: SUBMIT CLAIM TO DEPARTMENT RECEIVING GnonS DR DATE DESCRIPTION OF CLAIM (DESCRIBE FULLY T( REFUND of remaining funds on application UP 03-02, APP completed project. $ 280.44 October 13, 2003 A14 Ir T T r $ 280.44 I, the undersigned, declare under penalty of perjury that the services or articles claimed have been performed or delive hat this claim is true and correct as stated. { .. Qatedktht's 1x� day o� a 2003at�k Calif _u' r Wr g Signature of Claimant I, the undersigned, hereby certify that, to the best of my knowledge, the services or articles specified above have been performed or delivered and that there is a Budget Appropriat0 or Specific Board Approval ❑(Check one) for the same. Dated this day of 2003, at Oroville Calif. - Department Head or Authorized Deputy INSTRUCTIONS TO CLAIMANTS All claims against the County must be itemized, giving dates and character of service rendered or work performed, quantities, description and unit prices of articles furnished or delivered. Claims must be certified by the claimant and submitted to the Department head for approval. Upon approval, the Department head will forward claim to the County Auditor for payment. Do Not file with the County Auditor first. Claims should be presented to officials for approval immediately upon completion of services requested or material ordered.. Compliance with the above instructions will expedite payment of claim. Failure to do so may delay payment. Dept. Exp. Code 440-001 Code 4617241 / 101001 PAYABLE FROM GENERAL FUND DO NOT WRITE BELOW THIS LINE - AUDITOR' USE ONLY DEPT & SUB. PROD. SUB. OBJ. CLAIM NO. INV. NO. 14V. DATE ENCUMBER. GROSS AMT. Claimant - Submitted for your approval/signature. Please return signed form to: Development Services Department Accounts Receivable 7 County Center Drive Oroville, CA 95965 /�5D //D/j-�_) • r * ` �y /�/o ��' -- � � ,�v � �' � ia3a,5 � 3� �� �� �% �6�- �� -- q�6� �y a D- y Butte County Deparanent ofDevelopment Services . Administration - AR 7 County Center Drive Oroville, CA 95965 (530) 538.7601 Telephone Use Permit Applicant: Harold Stimson 14340.Troy Way Magalia, CA 95954 Deposit Date: October.11. 2002 Receipt: 20802; Check 4175 Deposit Date: August.8, 2003 Receipt: 384828: Check.4396 Deposit Date: August 8,: 2003 Receipt: 384828,:Check:4396q. File: UP 03-02 APN: "066-340-005 Date: October 13, 2003 DEVELOPMENT SERVICES/PLANNING DEPOSIT $ 700.00 DEVELOPMENT SERVICES/PLANNING DEPOSIT $ 496.58 $36.00 NOD/NOE FILING FEE PAID TOTAL PLANNING DEPOSITS $ 1,196.58 REFUND UP 03.02 Planning charges are captured in arrears. At the date of this invoice, the following charges had been recorded and entered into our billing program. There may be additional charges in the processing of your application that have not yet been entered into the billing program, and are not reflected on this invoice. Charges entered after this invoice date will be reflected on subsequent billings. At the time all charges are entered and billed, you will following charges have been applied to the processing of your application: Professional Planner $ 662.54 Mapping $ 73.75 Clerical $ 110.85 Publication $: - 69:00:" PLANNING CHARGES $ 916.14 I itte County Code 3-44 Hourly fees; deposits; billing procedures. County code requires when the initial deposited funds are depleted to an count equal to 25% of the original deposit, no processing of the application will occur until the applicant deposits sufficient funds to restore a balance ual to the amount of the initial deposit, or a lesser amount as determined by the Director of Development Services. In the event the applicant does negative amount reflects a credit. Please sign and return the enclosed General Claim form. ould you have any questions, please call Accounts Receivable from 8:00 a.m. to 4 p.m., Monday through Friday. REFUND.DUE TO YOU $ (280.44) 54 a"C'- 7 S X0.3 'Z I- '13 54, s32.S� K TISCAL ADMIMBILLINGS & REFUNDS\REFUNDSMmson UP 03-02 Ref 101303 cY 1 1 000, u r3 'u3 -�!' GJ/G . BUT V l\ 1 1� r'� >1 4) CO OCT 17 2003 DEVELOPMENT % SERVICES _w 7 ,i County of Butte Oroville, California GENERAL CLAIM DATE OF CLAIM: October 13, 2003 IMPORTANT: CLAIMANT: Harold Stimson ,, r 3 SEE INSTRUCTIONS ADDRESS: 14340 Tro 'Wa�. ��y�r� �:; �y:�Y��._ ,.�,� � �� �>. � BELOW CITY, STATE: SUBMIT CLAIM TO DEPARTMENT RECEIVING GOODS OR SERVICES_ DATE DESCRIPTION OF CLAIM (DESCRIBE FULLY TO AVOID DELAY), _ AMOUNT October 13, 2003 REFUND of remaining funds on application UP 03-02, APN 066-340-005, a completed project. $ 280.44 TOTAL $ .280.44 I, the undersigned, declare under penalty of perjury that the services or articles claimed have been performed or delivered, and that this claim is true and correct as stated. Dated this, rt a day'of 14,2003; atm *�3 Califr Signature of Claimant I, the undersigned, hereby certify that, to the best of my knowledge, the services or articles specified above have been performed or delivered and that there is a Budget Appropriat❑ or Specific Board Approval ❑ (Check one) for the same. Dated this day of 2003, at Oroville Calif. Department Head or Authorized Deputy INSTRUCTIONS TO CLAIMANTS All claims against the County must be itemized, giving dates and character of service rendered or work performed, quantities, description and unit prices of articles furnished or delivered. Claims must•be certified by the claimant and submitted to the Department head for approval. Upon approval, the Department head will forward claim to the County Auditor for payment. Do Not file with the County Auditor first. Claims should be presented to.officials for approval immediately upon completion of services requested or material ordered. Compliance with the above instructions will expedite payment of claim. Failure to do so may delay payment. Dept. Exp. . Code 440-001 Code 4617241 / 101001 PAYABLE FROM GENERAL FUND DO NOT WRITE BELOW THIS LINE - AUDITOR' USE ONLY DEPT & SUB. PROJ. SUB. OBJ. CLAIM NO. INV. NO. I W. DATE ENCUMBER. GROSS AMT. Claimant - Submitted for your approval/signature. Please return signed form to: Development Services Department Accounts Receivable 7 County Center Drive Oroville, CA 95965 0 Butte County Department ofDevelopment Services Administration - AR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone Use Permit Applicant: HarOld--Stimson .14340 Troy Way Magala, CA 95954 Deposit Date: Receipt: Deposit Date: Receipt: Deposit Date: Receipt: File:'UP 03-02 APN: 066-340-005 Date: October 13, 2003 DEVELOPMENT SERVICES/PLANNING DEPOSIT $ 700.00 DEVELOPMENT SERVICES/PLANNING DEPOSIT $ 496.58 $36.00 NOD/NOE FILING FEE PAID TOTAL PLANNING DEPOSITS $ 1,196.58 REFUND UP 03.02 Planning charges are captured in arrears. At the date of this invoice, the following charges had been recorded and entered into our billing program. There may be additional charges in the processing of your application that have not yet been entered into the billing program, and are not reflected on this invoice. Charges entered after this invoice date will be reflected on subsequent billings. At the time all charges are entered and billed, you will following charges have been applied to the processing of your application: Professional Planner $ 662.54`. Mapping $ 73.75:' Clerical $ 110.85 Publication w. 69.00' PLANNING CHARGES $ 916.14.:; Butte County Code 3-44 Hourly fees; deposits; billing procedures. County code requires when the initial deposited funds are depleted to amount equal to 25% of the original deposit, no processing of the application will occur until the applicant deposits sufficient funds to restore a balai equal to the amount of the initial deposit, or a lesser amount as determined by the Director of Development Services. In the event the applicant do A negative amount reflects a credit. Please sign and return the enclosed General Claim form. Should you have any questions, please call Accounts Receivable from 8:00 a.m. to 4 p.m., Monday through Friday. REFUND DUE TO'YOU K:\FISCAL ADMIN\BILLINGS & REFUNDS\REFUNDS\Stimson UP 03-02 Ref 101303 Ii 4% 10/10/2003 4:01 PM Nickname Full Name Address Business Home Project Type Deposit Status Planner Salutation Butte County Department of Development Services Pre -bill Worksheet Page 1 Stimson.UP 03-02 1 UP 03-02 Harold A. Stimson 14340 Troy Way Magalia CA 95954 (530) 873-1308 Fax Other UP Deposit Project Mark Michelena Date Employee Rate Hours Task Markup % DNB Time Amount DNB Amt Total 10/11/2002 Larry 59.00 1.25 73.75 Billable Mapping Mapping 10/11/2002 Roni 34.00 1.95 66.30 Billable Clerical Activities Clerical application processing (not categorized elsewhere). 3/26/2003 Roni 34.00 0.25 8.50 Billable Clerical Activities Clerical application processing (not categorized elsewhere). 5/1/2003 Mark 59.00 0.08 4.92 Billable Phone Calls/Counter - Clerical Counter help 5/1/2003 Mark ; 59.00 0.75 44.25 Billable Report Reports & analysis related to the application/report. 5/6/2003 Mark 59.00 0.42 24.58 Billable Report Reports & analysis related to the application/report. 5/14/2003 Mark 59.00 1.00 59.00 Billable Site Review Field review of project site/vicinity including travel time. 6/9/2003 Mark 59.00 0.42 24.58 Billable CEQA. Prepare initial studies, mitigations, neg. dec EIRs including analysis. 6/20/2003 Mark 59.00 1.50 88.50 Billable CEQA Prepare initial studies, mitigations, neg. dec EIRs including analysis. Ji. r • 10/10/2003 Butte County Department of Development Services 4:01 PM Pre -bill Worksheet Page 2 Stimson.UP 03-02:Harold A. Stimson (continued) Date Employee Rate Hours Task Markup % DNB Time Amount DNB Amt Total 6/23/2003 Mark 59.00 1.00 59.00 Billable CEQA Prepare initial studies, mitigations, neg. dec EIRs including analysis. 6/24/2003 Mark 59.00 0.25 14.75 Billable CEQA Prepare initial studies, mitigations, neg. dec EIRs including analysis. 7/2/2003 Mark 59.00 1.00 59.00 Billable Report Reports & analysis related to the application/report. 7/7/2003 Cheryl 45.00 0.08 3.75 Billable Administrative -Clerical Time spent on billing and other administrative tasks not related to processing . 7/8/2003 Mark 59.00 0.08 4.92 Billable Phone Calls/Counter - Planner Making/receiving phone calls and counter contacts regarding the project. 8/4/2003 Mark 59.00 0.08 4.92 Billable Phone Calls/Counter - Clerical Time spent making/receiving phone calls and counter contats regarding project. 8/6/2003 Cheryl 45.00 0.05 2.25 Billable Administrative -Clerical Time spent on billing and other administrative tasks not related to processing . 8/11/2003 Mark 59.00 0.50 29.50 Billable CEQA Prepare initial studies, mitigations, neg. dec EIRs including analysis. Revise per CC 8/12/2003 Mark 59.00 0.33 19.67 Billable Report Reports & analysis related to the application/report. 8/13/2003 Mark 59.00 0.42 24.58 Billable Report Reports & analysis related to the application/report. 8/13/2003 Mark 59.00 0.10 6.15 Billable Report Reports & analysis related to the application/report. 10/10/2003 Butte County Department of Development Services 4:01 PM Pre -bill Worksheet Page 3 Stimson.UP 03-02:Harold A. Stimson (continued) Date Employee Rate Hours Amount Total Task Markup % DNB Time DNB Amt 8/13/2003 Mark 59.00 0.90 53.05 Billable Report Reports & analysis related to the application/report. 8/13/2003 Joe 59.00 1.02 59.98 Billable Management Review Management Review 8/27/2003 Mark 59.00 0.46 27.11 Billable Report Reports & analysis related to the application/report. 8/27/2003 Lynn 45.00 0.67 30.05 Billable Publication - Clerical Time spent preparing & publishing for Hearing related to applicant. 8/28/2003 Mark 59.00 0.17 9.83 Billable Site Review Field review of project site/vicinity including travel time. Drop off Initial Study at Library 9/12/2003 Mark 59.00 0.08 4.92 Billable Report Reports & analysis related to the application/report. 9/24/2003 Lynn 45.00 0.39 17.53 Do Not Bill Minutes - Clerical 0.39 17.53 Minutes related to application. 9/25/2003 Mark 59.00 0.67 39.33 Billable Hearing - Planner Planning Commission TOTAL Billable Fees 15.48 $847.14 Do Not Bill 0.39 $17.53 Date Employee Price Quantity Amount Total Expense Markup % 9/3/2003 Lynn 69.00 1.000 69.00 Billable Publishing Expense Publish in Newspaper Paradise Post TOTAL Billable Costs T.aa nn 10/10/2003 Butte County Department of Development SeNces 4:01 PM Pre -bill Worksheet Page 4 Stimson.UP 03-02:Harold A. Stimson (continued) Amount Total Total of Fees (Time Charges) $847.14 Total of Costs (Expense Charges) $69.00 Total new charges $916.14 Accounts Receivables Date Type Description 11/11/2002 CRED Credit -Initial Deposit ($700.00) 8/8/2003 INV Invoice NOD/NOE Recording Fee $36.00 8/8/2003 CRED Credit NOD/NOE Recording Fee ($36.00) Receipt #384828. Check #4396 8/8/2003 PAY Payment -Thank you ($496.58) Receipt #384828Check No. # Total Accounts Receivable ($1,196.58) Total New Balance ($280.44) Amount to replenish account to $700.00 $700.00 COUNTY OF BUTTE FIELD NUMBER OROVILLE, CALIFORNIA PURCHASE ORDER • F 273568 S Ll Paradise Post P Drawer 70 P- Paradise CA 95969 L I E R Issued By Planning Department DATE QNTY INVOICE NUMBER AND DESCRIPTION AMOUNT CHARGE TO W.O. # 8/27/03 1 PUBLIC HEARING NOTICE 6-cf-Ce0' 80-001-53 2 To be published in the Paradise Post on Wednesday, 3 3 -Sep -03 - 4 5 Pleas furnish this office two copies of the affidavit of 6 ublication. Harold Stimson - UP 03-02 ; Lynn - 538-7602 Butte County Planning 7 County Center Drive Oroville, CA 95965 TOTALI 67 00 ' I, the undersigned, hereby certify that, to the best of my knowledge, the services or articles specified above have been performed or delivered or, where authorized, are hereby contracted for thereapal Appropriation for the same. F 273568 Date: 41`k� l� ea or Authorized Deputy SUPPLIER NO. Submit WHITE, CANARY and PINK to PURCHASING SERVICES with supplier's invoice. Retain GOLDENROD DEPT ACCOUNT NO. PROJECT NO. INVOICE NO. INV. DATE ENCUMBRANCE AMOUNT 1 2 3 4 5 6 Submit WHITE, CANARY and PINK to PURCHASING SERVICES with supplier's invoice. Retain GOLDENROD lol• oj� do:bO?. 113-7;9 K0' 700 ( $S 13 t9 bb •-;yam-6v S HAlca.p A. srif05c Q ....,_ ... .... ... . .. _:.. ,. NAu X A STt^o n1 DATE RECEIPT NO. TOTAL RECEIVED PUBLIC WORKS LAFCO PLANNING PUBLIC SALES ENV. HEALTH FIRE /N NOEOD F/G FEE OTHER APPLICANT RECEIVED FROM USE PerzvKl-v - fob- SIMCILE F-AIM�r atj,UENcA;= OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING RECEIPT 20802 0802 MN /m/Irm".K, I County of Butte t Oroville, California GENERAL CLAIM DATE OF CLAIM: October 13, 2003IMPORTANT: CLAIMANT: Flatold„Stimson,,, ,: 5-_n_ _...' :; ..,_ SEE INSTRUCTIONS ADDRESS: J , F BELOW CITY, STATE: Magalia,=CA 95954;"' ;_ " SUBMIT CLAIM TO DEPARTMENT RECEIVING GOODS OR SERVICES DATE DESCRIPTION OF CLAIM (DESCRIBE FULLY TO AVOID DELAY) AMOUNT,; October 13, 2003 REFUND of remaining funds on application UP 03-02, APN066-340-005, a completed project. $ _ 280.44 TOTAL $ 280.44 I, the undersigned, declare under penalty, of perjury that the services or articles claimed have been performed or delivered, and that this claim is true and correct as stated. Dated,thisda..._..: IN ...; X2003 of :..e. y� Calif = 9� ,`� �� O�, _._ Signature of Claimant I, the undersigned, hereby certify that, to the best of my knowledge, the services or articles specified above have been performed or delivered and that there is a Budget Appropnat0 or Specific Board Approval El (Check one) for the same. Dated this day of 2003, at Oroville, Calif. Department Head or Authorized Deputy INSTRUCTIONS TO CLAIMANTS All claims against the County must be itemized, giving dates and character of service rendered or work performed, quantities, description and unit prices of articles furnished or delivered. Claims must be certified by the claimant and submitted to the Department head for approval. Upon approval,the.Department head will forward claim to the County Auditor for payment. Do Not file with the County Auditor first. Claims should be presented to officials for approval immediately upon completion of services requested or material ordered. Compliance with the above instructions will expedite payment of claim. Failure to do so may delay payment. Dept. Exp. Code 440-001 Code 4617241 / 101001 PAYABLE FROM GENERAL FUND DO NOT WRITE BELOW THIS LINE - AUDITOR -P USE ONLY DEPT & SUB. PROD: SUB. OBJ. CLAIM NO.. INV. NO., 14V. DATE CUMBER. GROSS AMT. Claimant - Submitted for your approval/signature. Please return signed form to; Development Services Department Accounts Receivable 7 County Center Drive Oroville, CA 95965 Lll] Butte County Department ofDevelopment Services Administration - AR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone Use Permit Applicant: Harold Stimson 14340 Troy Way Magalia, CA 95954 Deposit Date: October 11, 2002 Receipt: 20802, Check 4175 Deposit Date: August 8, 2003 Receipt: 384828, Check 4396 Deposit Date: August 8, 2003 Receipt: 384828, Check 4396 • File: UP 03-02 APN:066-340-005 Date: October 13,-2003 DEVELOPMENT SERVICES/PLANNING DEPOSIT $ 700.00 DEVELOPMENT SERVICES/PLANNING DEPOSIT $ 496.58 $36.00 NOD/NOE FILING FEE PAID TOTAL PLANNING DEPOSITS $ 1,196.58 REFUND UP 03.02 Planning charges are captured in arrears. At the date of this invoice, the following charges had been recorded and entered into our billing program. There may be additional charges in the processing of your application that have not yet been entered into the billing program, and are not reflected on this invoice. Charges entered after this invoice date will be reflected on subsequent billings. At the time all charges are entered and billed, you will The following charges have been applied to the processing of your application: Professional Planner $- 662.54 Mapping $ 73.75 Clerical $ 110.85 Publication $ 69.00 PLANNING CHARGES $ 916.14 Butte County Code 3-44 Hourly fees; deposits; billing procedures. County code requires when the initial deposited funds are depleted to an amount equal to 25% of the original deposit, no processing of the application will occur until the applicant deposits sufficient funds to restore a balance equal to the amount of the initial deposit, or a lesser amount as determined by the Director of Development Services. In the event the applicant does A negative amount reflects a credit. Please sign and return the enclosed General Claim form. Should you have any questions, please call Accounts Receivable from 8:00 a.m. to 4 p.m., Monday through Friday. REFUND DUE TO YOU $ (280.44) sa KAFISCAL ADMIMBILLINGS 8 REFUNDSIREFUND&Stimson UP 03-02 Ref 101303 fes`'' s; COUNTY OF BUTTE 384828 �f] ,. OFFICIAL RECEIPT � t nn OFFICE/Y� OR DEPAffIVIENT ISSUING RECEIPT ZOQ� Received from The Sum ofAy TIA For Received: Q ' -3 YO - © Received By CASH ❑ Title CHECK By )AVCO BUSINESS FORMS • (530) 743-8511 Forth 75702 I TOTAL, 532.59 APPROVED BY: RECEIVED BY: AUDITOR -CONTROLLER TREASURER Eby:ABy: T- white=treasurer pink --auditor canaq--depositor goi den ani 6e COUNW OF BUTTE AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT OROVILLE, CA. ATR NO 66174 RECEIVED FROM PLANNING BAG # 329 DATE 81812003 FUND FUND DEPT ACCT CASH DESCROP71ON TITLE CODE CODE CODE. CODE AMOUNT DEPOSIT DATE: RECEIPTS:,-334SM (K M14GAOL PFEES GENL 0010 440MI 4210M 101001 496.58 ,Project Number .Amount ofFoie #06&340-005 Stimson UP 0.3-02 $498.58 r Colo 0=1 4612319 101001 36-00 (SM) Project Number Amount of. Fee - #060-340-(M5Sfims-onUP43-0'2 M $36 TOTAL, 532.59 APPROVED BY: RECEIVED BY: AUDITOR -CONTROLLER TREASURER Eby:ABy: T- white=treasurer pink --auditor canaq--depositor goi den ani 6e Thursday, August 07, 2003 DeVelop!nent Services • -PLANNING DIVISION Receipt Number 3$462_8 $0.00 8/7/2003 Payment Date - F P' DDS Planning anning Received From $496.58 (General Fund) JSTIMSON CONSTRUCTION j UP 03-02 Application Number or Reference To 066-340-005 Parcel Number $0.00 4396 Check Number Cash NOD/NOE Total Received $532.58 (Recording Fee) Total 'Fees $532.58 Ver. 1.0 Public Work $0.00 - F P' DDS Planning anning $496.58 (General Fund) j Environmental Health $0.00 CDF $0.00 NOD/NOE F_ $36.00 (Recording Fee) Aunt Minnie j $0.00 $11, 500 or $2,000 Planning 11=77,qi $0.00 Fish/Game $0.00 ALUC $0.00 $0.00 Non Sufficient Funds Land Dev Ce $0.00 $0.00 Public Sales 0 COUNTY OF BUTTE 384828 OFFICIAL RECEIPT Mtm OFFICE OR DEPAffMENT ISSUING RECEIPT SIZ?Z2I.0Q� Received from The Sum of For Received: 410 Received By. CASH Title CHECK [� / By iUU VUSINtbb t•UMMS • (bM) 74U-8511 rorra 75702 lo-l1•ca ���. N-8' .IS -o' goo',, ($S - I 3' ubb•-3yo-aoS HARa.I) A. !MMSo►.J _ ,. .,. . _ ,.. Mlu t,0 A ST-whso n! DATE RECEIPT NO. TOTAL RECEIVED PUBLIC WORKS LAFCO PLANNING PUBLIC SALES ENV. HEALTH FIRE NOE/NOD FIG FEE OTHER APPLICANT RECEIVED FROM USE plefzM.IT - fo& SIMCItE FAMWy ��IQLcNcA OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING v a anaoail7;�v1��71 AU�.11V1�1 1 • -X14340=TR03C�WAY==--- - MAGAA CAv95954 iano -PAY .-,--'-THE ORDER OF 1.n _ SIERRA CENTRAL CREDIT UNION . PARIM OPFlCE _ - et�e c¢HrsFt srnscr _ _CNh'CK VGRIFlGTION Gf1 530.671-8308 Memo` = - - RECEIPT 20802 0602 ISSUED BY . 4175 75- 77 _ •`�C�,I �.. / � --AZO ri 2_ 7:0!; 0;0.0 0 0 0 W.1� 6a 3 9-61i' 0 DEPARTMENT OF DEVELOPMENT SERVICES BUTT*OUNTY UNIFORM "]*-CATION LICANT:- Agent information to be provided is on other side: S NAME ( If applicant is different from owner an affidavit is required ) S: NAME OF PROPOSED PROJECT (If any) LOCATION OF PROJECT ( Major cross streets and Address, if any ) -1-A l-!� t--/ nl-.,r a %O- . i r A. 2 CITY, STATE & ZIP CODE: ASSESSOR'S PARCEL NUMBER: aGG • 341 - DoS FILE NUMBER: (FOR OFFICE USE) dP e3 -- ea TELEPHONE (S4& 873 NzArr SA VWAY) GENERAL INFORMATION RFOTTIRRT) OWNER'S NAME TELEPHONE Dt- 5T! So fJ 7 3 - 13 m ADDRESS: CTTY, STATE & ZIP CODE: /W3.5/ty 77eu Y wAYAV.46A14 ZONE GENERAL PLAN EXISTING LAND USE SITE SIZE (in Square Feet or Aces) C --T , 1;3 EXISTING STRUCTURES ( in Square Feet) PROPOSED STRUCTURES ( in Square Feet) NoN,C 392d S,F-. Ire) 7' 1. (Check One) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER K PROPERTY IS OR PROPOSED TO BE ON SEPTIC ❑ PROPERTY IS OR PROPOSED TO BE ON WELL WATER PLICATION REQUESTED . ❑ GENERAL PLAN AMENDMENT ❑ REZONE USE PERMIT ❑ MINOR USE PERMIT I OCT ❑ VARIANCE C-u G Use '+ ❑ ADMINISTRATIVE PERMIT ❑ DEVELOPMENT AGREEMENT ❑ TENTATIVE SUBDIVISION MAP TENTATIVE PARCEL MAP WAIVER OF PARCEL MAP BOUNDARY LINE MODIFICATION LEGAL LOT DETERMINATION CERTIFICATE OF MERGER MINING AND RECLAMATION PLAN ❑ OTHER .:..:..:.. PROJECT DESCRIPTION - FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. if this application is for a land division, describe the umber and size of parcels.) U-,%7 /4 (Akyn ter' 11-D ^d -Q0'* -Ls G -e- 1 e < to 7- nttn.rcn I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER. I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND ACCURATE. (If an agent is to be authorizeA, examte an affidavit of autbosizatioa and include the affidavit with this application.) DATE: Dir �a Z SIGNATURE: 0 AGENT AUTAORIZATIO0 To Butte County, Department of Development Services; Print Name of Agent and Phone Number Mailing Address is hereby authorized to process this application for on my property, identified as Butte County Assessor Parcel Number This authorization allows representation for all applications, hearings, appeals, etc. and to sign all documents necessary for said processing, but not including document(s) relating to record title interest. Owner(s) of Record: (sign and print name) Print Name Signanue Architect and/or Engineer: Print Name of Architect/Engineer and Pbone Number Mailing Address FOR OFFICE USE ONLY Verify: Date Received: It 94 -r, * - Print Name OCT t t 2�2� Total Amount Received: 10-29 SAP Number(s) Legal Description /--0-5wners Authorization Zoning Requirements -�Project Description copies of plot plan Taken by hl XReceipt No. aoBooZ E.H. i 8 LD GSA Plan 70.E FD 513 Payment of the currently required Application Fee and/or Deposit (Any unused portion of a deposit) will be returned upon final action. Current fee for this application is $ Make check payable to "Butte County Treasurer". as of - G 2. 3. 4. 5. 6. 7. 8. E C E FOCT 1 1 2002 N • COUNTY OF BUTTE MENTAL INFORMATION FORM Completed By Project Applicant) BUi7E trCl1N71' Date Filed ierallnf6fii4t1orrts�or� I ,-Nye and address of owner, and/or n SIZM--TQA Address of project: Assessor's Parcel Number: n� and/or project sponsor: _ .StlA uisung general pian oesignation: r' (co.f, Existing zoning district: e- 5 v�► How is land currently used? Proposed use of site (Project for which this form is filed): Project Description: 9. Site size: / 5- 11t' (Acres/Sq. Feet) 10. Off-street parking spaces: Full size: r 1P~- % Compact: Total: / a 11. Plans attached Yes )CNo _ -F Z. C-tgm par3 12. Proposed development scheduleS7T' 7- &0AS'T SRo 'e'D �Q ; 13. Associated 14. Anticipated incremental or phased development [' Attach description of project containing the following information: 15. If residential, include the number of units, schedule of unit size , range of sale prices or rents, and type of household size expected. !D/U� �t pLA)e 2 u ^V I TS 16. If commercial, indicate the type,�vheth� neighffiood city or rregiioenall o%nted, square footage of sales area and loading facilities. 17. If industrial, indicate type, estimated employment per shift, and loading facilities. 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading ❑ Butte County Department of Development Services ❑ Planning Division ❑ 1 facilities, and community benefits to be derived from the project. 19. If the project involves a variance, conditional use, rezoning application, or any development permits, state this and indicate clearly why the application is required. If permits have already been issued, please attach as Exhibit Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary). YES NO 20. Change in existing features of any hills, buttes, canyons or substantial alteration of ground contours. 21. Change in scenic views or vistas from existing residential 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. _ 27. Site on filled land or on slopes of 10 percent or more. _ 28. Use of, or disposal of potentially hazardous materials, such as toxic substances, flammable or explosives. _ 29. Substantial change in demand for municipal services (police, fire, water, sewage, etc. including special districts). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. _ ..t OCT 1 1 2002 BUTTE COLINTY PLANNING DIVISION ❑ Butte County Department of Development Services ❑ Planning Division ❑ 2 Environmental Setting: (Attach brief 32. Describe the project site as it plants and animals, and any c site and the use of the structs accepted. ,/Before the project, incl�ng info ation on topography, soil stability, historical, or scenic aspacts. Des 'be any existing structures on the Attach photographs of the site. S pshots or Polaroid photos will be 33. Describe the surrounding properti6q, including information on plan nd animals and any cultural, historical, or scenic aspects. Indicate the type,.of land use (residential, goffimercial, etc.), intensity of land use (one - family, apartment houses, shops, depa . , nd scale of development (height, frontage, set- back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted. Certification I hereby certify that the statements fumished above and in the attached exhibits present the data and information required for this 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 Signa re for - P -.we -d 04we— ,Z K:\FORMS\SUBMITTAL\ENV-INFO OCT 1 1 2002 — BU1TE COUNTY PLANNI: aC DIV ISION D Butte County Department of Development Services O Planning Division O 3 USE PERMIT APPLICATION PACKET 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. ❑ �A completed, signed, Uniform Application and Environmental Information form. If the application is signed by an agent for the property owner, an agent authorization form must be submitted along with the Uniform Application. The application shall not be accepted unless signed by the owner or authorized agent. 2. ❑ ❑ 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. Thirty-five(35) copies of plans which shall include a detailed site plan drawn to scale. All plans shall be drawn on uniform size sheets no greater than 24" x 36". The finished plans shall be folded to 8 %2" x 11 ". The detailed site plan must include: a. Q� Name and address of Applicant, Engineer and/or person who prepared -the plan b. Property lines and lot dimensions El C. Assessor Parcel Number(s) and OCT 11 2002 d. © E2 Proposed use and/or uses of the property. eu?TE CcLIPM., e. ® Proposed landscaping plan, if applicable. f. 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). 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 WILL BE DEEMED INCOMPLETE. 1 h. 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. 7 l• Any existing faults or fractures and geologic hazards. j• '® L7 North arrow and scale of drawing. All plans shall be drawn to an engineering scale with the preferred scale of 1" = 20', with a north arrow preferably oriented to the ton ofsheet. R4, 0' All plans must be clear and legible. Clan. g9/ -One copy of 8 %z" x 11 transparency eduction of the detailed site L�' A vicinity map showing closest major cross streets, zoning and existing Ian 6• ❑ ❑ One (1) set of colored plans mounted on foam boards, which shall include an illustrative site plan, illustrative building elevations, and any necessary cross-sections. Portions of this requirement may be waived by the Planning Manager. Portions waved ❑ YES ❑ NO 7 • ❑ ❑ One (1) full size reproducible sepia for each sheet in the plan set of the detailed site plan. 0 a ❑ ❑ Building materials on a sample board, 8 %Z" X 11". ❑ ❑ Detailed site plan including the following: a• ❑ ❑ Building setbacks from the ultimate road right-of-way (front, rear, sides). b • ❑ ❑ Proposed and existing on-site driveways and/or roads. c. ❑ ❑ Location, height, and materials of walls and fences (sections may be required). d - ❑ ❑ All driveways, drawn to scale, on adjacent and a rocs the street properties within 100 feet of the subject site. IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE.. 2 e. ❑ ❑ Existing curbs, gutters, sidewalks and existing paving widths on-site or within 100 feet of the cite on a iacent and across the street properties. f. ❑ ❑ Typical street section(s). g. ❑ ❑ Nearest cross streets on both sides with plus or minus distances from subject site. h.. ❑ ❑ Approximate location of all buildings within 100 feet, on adjacent properties. I. ❑ j. ❑ k. ❑ I. ❑ M. ❑ ❑ Proposed method of sewer and water connection or alternative method of sewage disposal and potable water supply. ❑ 'Existing and nearest fire hydrants. ❑ Access, both pedestrian and vehicular, showing service areas and points of ingress and egress. ❑ Internal circulation pattern. ❑ Elevation contours, at a minimum per USGS maps. 10. ❑ ❑ 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. ❑ ❑ Conceptual Grading Plan Items to be shown include: a. ❑ ❑ Natural areas to be preserved. b. ❑ ❑ Proposed cut and fill areas in contrasting colors of zipatone pattern. C. ❑ ❑ Existing and proposed contours within 100 feet of project boundaries. IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 3 d. ❑ ❑ Proposed drainage and flood control facilities. e. ❑ ❑ Erosion control measures (e.g. - slope landscaping). f. ❑ ❑ g. ❑ ❑ h. ❑ ❑ I. ❑ ❑ 12. ❑ Natural drainage. Elevations and finished contours. Location of retaining walls, drainage channels and existing structures. Location, elevation and size of proposed building pads. ❑ Illustrative 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:�� Applicant/Representative Signature: anner R ceiving Application K:\FORMS\SU MITAL\CHECKUSIUSEPERMI.FRM Date Date: i'�E 3. I� OCT 1 1 2002 KI E C%lIN iY PLAt'iNING DIVISION IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 4 Smooth Feed SheetsTM Use template for 51600 • • STIMSON HAROLD A 066340005000 K:\PROJECTS\UPC\STIMSON\LabelsUPO 14340 TROY WAY COLLINS CHARLES F MD 302.doc MAGALIA CA 95954 1525 ELSDON CIR CARMICHAEL CA 95608 065260011000 066310023000 066320005000 PARADISE IRRIGATION DISTRICT SAFOR CORPORATION THE SHARP JAMES A P O BOX 128 DRAWER 5176 3473 MILDRED DR PARADISE CA 95967 CHICO CA 95927 FALLS CHURCH VA 22042 066330015000 066330016000 066330017000 VANELLA OIL INC NISSIM JO ANN TRUSTEE CARTER DONOVAN H & DIXIE A P O BOX 3474 23 MT MUIR COURT 1450 EMERY ST CHICO CA 95927 SAN RAFAEL CA 94903 SALT LAKE CITY UT 84104 066330021000 066330022000 066330023000 MAGALIA PINES BAPTIST CHURCH COX DOROTHY M SS WESTBIE JOHN A PO BOX 1821 1303 BYNUM WAY 5033 RUSSELL DRIVE MAGALIA CA 95954-1821 OAKLEY CA 94561 PARADISE CA 95969 066330024000 066330025000 066330030000 ANDERSON HENRY R & D ELAINE MINTER JUNE E TRUSTEE WITT EARNEST D & LORETHA O 390 NO WINCHESTER BLVD #6E 26107 VILLAGE 26 14086 SKYWAY SANTA CLARA CA 95050 CAMARILLO CA 93012 MAGALIA CA 95954 066340001000 066340002000 066340003000 JOHNSON HOWARD A & MAURINE R FEINBLOOM LEON ETAL HENSLEY ALLEN R & LUCILLE H PO BOX 370 P O BOX 234 P O BOX 37 PARADISE CA 95967-0370 POMPTON LAKES NJ 07442-0234 FOLSOM CA 95763 066340004000 066340006000 066340007000 BUTLER PAUL D TRUSTEE WELLER WILLIAM E JR & PEGGY SLATER & SONS 500 GIUSEPPE COURT #5 222 HILLCREST ST 3753 MOREHEAD AVE ROSEVILLE CA 95678 ANAHEIM CA 92807 CHICO CA 95928-9639 aAVERY@ Address Labels Laser 5160® slid lr �,1 ti L1 ST P 6 3 Ll o- D D S U 'p ®5 66- -3 H O -' bt>^' S t`, mso�J 1-a C -e) t- L-) �3 L 6 6_ D 0:4 o n L, 11666-330 —' O i Y�N��- , o3� e -o x I {Q WCSTaop--� Il ' taN��ZSo:►J � Rn Ilia -10 o) 4-4 `© ©( w u • � �� i • +r� ' l ��! ._ • � !� 1 i l� � "1 ��� . 1 � � � ` �� �� f 4 � ` Y +� i J � - .. _ � r I �� USE PERMIT BUTTE COUNTY PLANNING COMMISSION T 2 8 2003 DATE: (Certified Mail Rec.) UP 03-02 PERMIT NO. 066-340-005 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Harold Stimson is hereby granted a Use Permit for two single- family dwellings on APN 066-340-005 on Lakeridge Circle, in Magalia. 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 two years of the date of approval. 3. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 4. If any use for which a Use Permit has been granted is not established within two years of the receipt of the Permit by the Permittee, the Permit shall become null and void and reapplication pursuant to Section 24-45 (of the Zoning Code) shall be required to establish the use previously granted under the expired Permit unless, 30 days prior to the expiration date, a request for a one year extension is submitted to the Planning Commission together with sufficient evidence that the time limits for processing development permits under federal or state regulations require time limits which exceed one year. Upon application, and for good cause by the Permittee, at a public hearing pursuant to Section 24-45.25 above, the Planning Commission may extend any time limitation previously made a part of any condition to a Use Permit. 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. 1 6. Neither the applicant, nor any agent nor representative of the applicant shall intentionally omit or misrepresent any material fact in connection with the application. Any alleged material misrepresentation shall constitute grounds for the Director of Development Services to commence a revocation hearing, and, if proven to exist, shall constitute sufficient grounds to revoke a Permit. Conditions of Approval: Planning Division: 1. Wood stove and fireplace inserts installed in any home within this development shall be EPA approved and designed to meet emissions standards of the California Clean Air Act of 1988 as amended (Mitigation Measure #1). Plan Requirements: All requirements shall be noted in the Use Permit and building plans. Timing: Prior to issuance of building permits, compliance with above mitigation is required to authorize fireplace or wood stove inserts. Monitoring: The Building Division shall review EPA approval for applicable building permit applications and shall inspect improvements to ensure construction in compliance with approved permit(s). 2. Measures shall be taken to control fugitive dust emissions from all driveways and other civil construction associated with development. All disturbed areas, including driveways, shall be treated with water and/or other acceptable soil palliatives during and after construction to minimize the creation of dust and to protect air quality in the surrounding area. The treatment shall be maintained until ground surfaces are stabilized with vegetation or pavement. (Mitigation Measure #2) Plan Requirements: The conditions shall be noted in the Use Permit. All requirements shall be shown on building plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. 3. Should grading- activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an 2 archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains. (Mitigation Measure #3) Plan Requirements: The condition shall be placed on the Use Permit. All requirements shall be.shown on building plans. Timing: This measure shall be implemented during site, preparation and construction. Monitoring: Should cultural resources be discovered, the Planning Division shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 4. Watershed Protection Zone Erosion Control Measures: (a) All driveways for this development shall be surfaced with at least two (2) inches of Class 2 aggregate base, unless required to be developed to a higher standard. (b) All roads created as a result of this development shall be surfaced with a minimum of two (2) inches of Class 2 aggregate base, to a minimum width of twenty (20) feet, unless required to be developed to a higher standard by other code requirements. This standard shall apply from a maintained County road, or existing road of a higher standard, through the parcel being divided. (c) All roads and driveways shall meet the minimum requirements as prescribed by Public Resources Code 4290 and 4291 and Butte County Fire Safe Regulations, or as prescribed by the Butte County Department of Public Works. (d) Erosion and sediment control plans, including provisions for wet weather conditions, shall be submitted with all Building permits, discretionary development projects, and grading plans, excluding structures that fall under the provisions of Section 26-3.1 of the Butte County Code. The erosion and sediment control plans shall include both temporary (first year) and permanent erosion control protection measures that prevent sediment and other pollutant discharges from reaching watershed drainages and streams. The erosion and sediment control plans shall comply with the recommendations of a qualified professional involved in the preparation of erosion control plans. Said plans shall be reviewed and approved by the Department of Development Services. (e) The erosion and sediment control plan shall include the time of year for construction activities. No soil disturbance shall occur after November 15 or before April 1 unless the Director of Development Services, or his or her authorized agent, determines project soil conditions to be adequate to accommodate development activities. All such areas where land clearing has been completed between April 1 and November 15 shall be revegetated, hydro - seeded, mulch protected or otherwise stabilized no later than December 1. Should grading be permitted during the rainy season, the smallest practicable area of erodible land shall be exposed at any one time and the time of exposure shall be 3 minimized. Temporary erosion control measures shall be in place on a daily basis. (f) No structures shall be placed within two hundred (200) feet of the high water mark of the Paradise or Magalia Reservoirs or within fifty (50) feet of the top of the bank of any perennial or ephemeral water course, as shown on the most recent edition of USGS 7.5 minute topographic maps, in the Firhaven Creek, Paradise Reservoir, and Magalia Reservoir watersheds. This provision shall not preclude development on a parcel that would otherwise become undevelopable due to this provision. (Mitigation Measure #5) Plan Requirements: The mitigation shall be placed on the Use Permit and shown on all building plans. Timing: This measure shall be implemented during site preparation and construction. Monitoring: The Planning Division shall ensure compliance with all erosion control measures. 5. The applicant or developer shall be required to submit a development impact fee for Sheriffs facilities shall be paid pursuant to the provisions of Chapter 3, Article H of the Butte County Code, prior to issuance of building permits. The fee amount would be determined and calculated as of the date of application for the building permit. (Mitigation Measure #8) Plan Requirements: The mitigation shall be placed on the Use Permit and shown on all building plans. Timing: The mitigation shall be required prior to the issuance of building permits. Monitoring: The Butte County Planning Division and Building Division shall ensure compliance. 6. A development impact fee for school facilities shall be paid prior to issuance of building permits. The fee amount would be determined and calculated as of the date of application for the building permits." The fee amount would be determined and calculated as of the date of application for the building permit. (Mitigation Measure #9) Plan Requirements: The mitigation shall be placed on the Use Permit and shown on all building plans. Timing: The mitigation shall be required prior to the issuance of building permits. Monitoring: The Butte County Planning Division and Building Division shall ensure compliance. 7. The residential developer shall be required to install a sound deadening wall or planted berm of required size at the time of construction of the residential units (per Butte County 4 Code 24-150(e)(12)). The wall or berm shall be required along the property of adjacent commercially zoned parcels in the location of the residential units. If the subject parcel is developed in the future with a commercial use, a wall or berm of required size shall separate the on-site commercial use from the on-site residential use. 8. Development fees for the proposed residential improvements shall be paid prior to the issuance of Building Permits. The fees shall be those in effect at time of application and shall include, but not be limited to, Park and Recreation District fees, Water and Sewer Service Fees, Permit and Plan Check Fees, and Fire Protection Fees. 9. The residential dwellings must meet all applicable setback requirements upon issuance of building permits. 10. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. 11. All outstanding application processing fees shall be paid prior to issuance of the Use Permit. Public Works 12. Prior to site development and building permit issuance, 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. (Mitigation Measure #7) Plan Requirements: The mitigation shall be placed on the Use Permit and shown on all building plans. Timing: The drainage plan shall be required prior to the issuance of building permits. Monitoring: The Department of Public Works shall be responsible for ensuring compliance with this mitigation. 13. 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. 14. Prior to issuance of building permits, the applicant shall pay a pro -rata cost share for congestion reduction improvements at the northerly intersection of Lake Ridge Circle and i o q. Ae Skyway. Environmental Health Division 15. Butte County Environmental Health Division Requirements: 5 (1) Prior to the issuance of a building permit, meet the sewage disposal requirements of the Watershed Protection Overlay Zone (Butte County Code Section 24-235). . (2) Connect the proposed development to a public water supply. (3) Prior to issuance of a building permit, provide a "will serve" letter from Del Oro Water Co. stating that Del Oro Water Co. is willing and able to provide water to the living units proposed. (Mitigation Measure #4) Plan Requirements: The conditions shall be placed on the Use Permit and shall be shown on building plans. Timing: This measure shall be implemented prior to site development. Monitoring: The Environmental Health Division shall ensure compliance with requirements. 16. Prior to issuance of a building permit the applicant shall meet the sewage disposal requirements of Butte County for the installation of sewage disposal systems. California Department of Forestry/Butte County Fire 17. Butte County Fire/California Department of Forestry Requirements: (a) Construction, installation or development of structures or facilities within this development shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulation in effect at the time of application for improvement permits. (b) 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. (c) 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 shall be 500 feet, hydrant size shall be 6 inches, and residual fire flow shall be 1,750 gallons. per minute. Submit plans to the Fire Department for review and approval prior to construction of facilities. One additional fire hydrant shall be required. (Mitigation Measure #6) Plan Requirements: The mitigation shall be placed on the Use Permit and shown on all building plans. Timing: This Mitigation shall be implemented at the time of site construction and prior to issuance of final building permits. Monitoring: The Butte County Fire/California Department of Forestry shall ensure compliance with the requirements of this mitigation. 18. Fire hydrant identification, reflector or post reflectors shall be installed acceptable to the County Fire Warden. County Counsel 19. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to defend, indemnify and hold the County of Butte harmless from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied Dated:' Applicant NOTE: Issuance of this Use Permit does not waive requirements of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Butte County Planning Commission Chairman CC: Land Development Division Building Division Environmental Health Department Butte County Fire Department/CDF Assessor Town of Paradise 7 Inter -Departmental Memorandum To: Mark Michelena, Planner From: Ted Crawford, Fire Department Subject: Harold Stimson Use Permit, UP 03-02, AP#66-340-005 Date: November 25, 2003 Condition #17 (c) of the Use Permit, last sentence states "One additional fire hydrant shall be required". The Fire Department did not ask for this requirement as there are already adequate fire hydrants in the area. This statement is not required by the Fire Department and may be removed. If there are any questions, please contact me at 538-7994 CC: Chrono File BUTTE COUNTY NOV 2 b tUU DEVELOilio• ;;,r. SERVICES s� 6UTTF o �\ O O c0U A ,�9 �tIc -W Department' C o u n t y J. Michael Crump, Director February 12, 2004 Mark Risso MER Consulting P.O. Box 3249 Paradise, CA of Pubic Works o f B u t t e RE: Use Permit No. 03-02, AP 066-340-005 Dear Mr. Risso: BUTTE COUNTY FEB, 13 2004 DEVELOPMENT SERVICES LAND DEVELOPMENT DIVISION 7 County Center Drive Oroville, CA 95965 (530) 538-7266 (FAX) 538-7171 Per our phone conversation on February 11, 2004, condition number 14 of use permit 03-02 issued to Harold Stimson requires the applicant to pay a pro -rata share for congestion reduction improvements at the northerly intersection of Lake Ridge Circle and the Skyway. Please find attached a summary of the estimated costs of the improvements and the applicant's pro -rata share, which is $109.88. If you have any questions, please contact this office at (530) 538-7266, Monday through Friday, 8:00 a.m. to 4:00 p.m. Sincerely, Eric Schroth, P.E. Associate Civil Engineer cc: Stuart Edell, Manager Land Development cc M4.Ic M:�h:le.� PI4N� Ny encls. 1 Y:LL.and De&gopmen&D Nro ects\M MUP 03-02 AP 066340-005.doc 4 I Lakeridge Circle and Skyway Intersection Improvements Estimate Roadway Improvements: Skyway Length: 450 ft Width: 50 ft Lakeridge Length: 200 ft Trips per unit: 9.5 trips/unit Additional Trips Width: 40 ft 11000 veh/day Lakeridge ADT: 1200 veh/day R&R D.I. 1 EACH $ 2,500.00 $ 2,500.00 Establish Drainage 250 FT $ 12.50 $ 3,125.00 Asphalt Grinding 30500 SQ FT $ 0.50 $ 15,250.00 Aggregate Base 180 TON $ 15.00 $ 2,700.00 Asphalt Concrete 60 TON $ 80.00 $ 4,815.36 Signal Reconfig 1 LS $ 20,000.00 $ 20,000.00 A.C. Dike 200 LF $ 15.00 $ 3,000.00 Thermo Striping 1200 LF $ 0.25 $ 300.00 Thermo Marking 500 SF $ 5.00 $ 2,500.00 Pavement Markers 150 EACH $ 5.00 $ 750.00 TOTAL: $ 54,940.36 Units to be added: 2 units Trips per unit: 9.5 trips/unit Additional Trips 19 Trips Skyway ADT: 11000 veh/day Lakeridge ADT: 1200 veh/day Total ADT: 12200 veh/day % Additional Trips: 0.2% 0.2% of the Total Estimated Intersection Improvement $ 109.88 COUNTY FEB ' 3 2004 DEVELOP1yENT SERVICES • DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT: Harold A. Stimson 14340 Troy Way Magalia, CA 95954 ' CAN[ FILING NO. QY-- Project Title/File Number: Use Permit, UP 03-02 APN: 066-340-005 I OCT 3 0 2003 it_-) j CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION / STATEMENT OF EXEMPTION ( ) A. Statutorily or Categorically Exempt $36.00 Clerk's Documentary Handling Fee (,n B. De Minimis Impact - Certificate of Fee Exemption $36.00 Clerk's Documentary Handling Fee. 2. NOTICE OF DETERMINATION - FEE REQUIRED ( ) A. Negative Declaration $1,250 State Filing Fee $36.00 Clerk's Documentary Handling Fee ( ) B. Environmental Impact Report $850 State Filing Fee $36.00 Clerk's Documentary Handling Fee 3. ( ) OTHER (Specify) $36.00 Clerk's Documentary Handling Fee PAYMENT / NON-PAYMENT OF FEES: 1. (� PAYMENT: The above fees have been paid. See attached receipt(s): # 384828 2. ( ) NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Yvonne Christopher Title: Director - Development Services Lead Agency: Butte County Department of Development Services Date: October 14, 2003 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERKS 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. •NOTICE OF DETERMINATION i TO: _ Office of Plan. &t Research Dept. 1400 Tenth Street Sacramento, CA 95814 X Butte County Clerk FROM: Butte County Planning 7 County Center Dr., Oroville 95965 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Project Title: UP 03-02, Use Permit AP Number: 066-340-005 Applicant: Harold A. Stimson, 14340 Troy Way, Magalia, CA 95954 State Clearinghouse Number (If submitted to clearinghouse): Contact Person: Project Location: Project Description: Mark Michelena Telephone Number: 538-7601 on the east side of Lakeridge Circle, approximately 970 feet northeast of Skyway, Magalia Use Permit to construct multiple dwellings in the C-C/WP (Community. Commercial/Watershed Protection Overlay) Zone at the rear of the lot This is to advise that the Butte County Butte County Planning Commission has approved the above- described project on 9/25/2003 and has made the following determinations regarding the above- described project: 1. The project will, L 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. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures �,f were, were not, made a condition of the approval of the project. 4. A statement of overriding considerations was, -,f was not, adopted for this project. This is to certify that the final EIR, with comments and responses and record of project approval, is available to the general public at: Date received for filing and posting at OPR Butte County Department of Development Services 7 County Center D Oroville, CA 95 /1 Services Mitigation Measures: Wood stove and fireplace inserts installed in any home within this development shall be EPA approved and designed to meet emissions standards of the California Clean Air Act of 1988 as amended (Mitigation Measure #1). Plan Requirements: All requirements shall be noted in the Use Permit and building plans. Timing: Prior to issuance of building permits, compliance with above mitigation is required to authorize fireplace or wood stove inserts. Monitoring: The Building Division shall review EPA approval for applicable building permit applications and shall inspect improvements to ensure construction in compliance with approved permit(s).- 2. ermit(s). 2. Measures shall be taken to control fugitive dust emissions from all driveways and other civil construction associated with development. All disturbed areas, including driveways, shall be treated with water and/or other acceptable soil palliatives during and after construction to minimize the creation of dust and to protect air quality in the surrounding area. The treatment shall be maintained- until ground surfaces are stabilized with vegetation or pavement. (Mitigation Measure #2) Plan Requirements: The conditions shall be noted in the Use Permit. All requirements shall be shown on building plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. Should grading activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to .evaluate the remains and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains. (Mitigation Measure #3) Plan Requirements: The condition shall be placed on the Use Permit. All requirements shall be shown on building plans. Timing: This measure shall be implemented during site preparation and construction. Monitoring: Should cultural resources be discovered, the Planning Division shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 4. Watershed Protection Zone Erosion Control Measures: (a) All driveways for this development shall be surfaced with at least two (2) inches of Class 2 aggregate base, unless required to be developed to a higher standard. (b) All roads created as a result of this development shall be surfaced with a minimum of two (2) inches of Class 2 aggregate base, to a minimum width of twenty (20) feet, unless required to be developed to a higher standard by other code requirements. This standard shall apply from a maintained County road, or existing road of a higher standard, through the parcel being divided. (c) All roads and driveways shall meet the minimum requirements as prescribed by Public Resources Code 4290 and 4291 and Butte County Fire Safe Regulations, or as prescribed by the Butte County Department of Public Works. (d) Erosion and sediment control plans, including provisions for wet weather conditions, shall be submitted with all Building permits, discretionary development projects, and grading plans, excluding structures that fall under the provisions of Section 26-3.1 of the Butte County Code. The erosion and sediment control plans shall include both temporary (first year) and permanent erosion control protection measures that prevent sediment and other pollutant discharges from reaching watershed drainages and streams. The erosion and sediment control plans shall comply with the recommendations of a qualified professional involved in the preparation of erosion control plans. Said plans shall be reviewed and approved by the Department of Development Services. (e) The erosion and sediment control plan shall include the time of year for construction activities. No soil disturbance shall occur after November 15 or before April 1 unless the Director of Development Services, or his or her authorized agent, determines project soil conditions to . be adequate to accommodate development activities. All such areas where land clearing has been completed between April 1 and November 15 shall be revegetated, hydro - seeded, mulch protected or otherwise stabilized no later than December 1. Should grading be permitted during the rainy season, the smallest practicable area of erodible land shall be exposed at any one time and the time of exposure shall be minimized. Temporary erosion control measures shall be in place on a daily basis. (f) No structures shall be placed within two hundred (200) feet of the high water mark of the Paradise or Magalia Reservoirs or within fifty (50) feet of the top of the bank of any perennial or ephemeral water course, as shown on the most recent edition of USGS 7.5 minute topographic maps, in the Firhaven Creek, Paradise Reservoir, and Magalia Reservoir watersheds. This provision shall not preclude development on a parcel that would otherwise become undevelopable due to this provision. (Mitigation Measure #5) Plan Requirements: The mitigation shall be placed on the Use Permit and shown on all building plans. 0 LJ Timing: This measure shall be implemented during site preparation and construction. Monitoring: The Planning Division shall ensure compliance with all erosion control measures. S. The applicant or developer shall be required to submit a development impact fee for Sheriff's facilities shall be paid pursuant to the provisions of Chapter 3, Article II of the Butte County Code, prior to issuance of building permits. The fee amount would be determined and calculated as of the date of application for the building permit. (Mitigation Measure #8) Plan Requirements: The mitigation shall be placed on the Use Permit and shown on all building plans. Timing: The mitigation shall be required prior to the issuance of building permits. Monitoring: The Butte County Planning Division and Building Division shall ensure compliance. 6. A development impact fee for school facilities shall be paid prior to issuance of building permits. The fee amount would be determined and calculated as of the date of application for the building permits." The fee amount would be determined and calculated as of the date of application for the building permit. (Mitigation Measure �9) Plan Requirements: The mitigation shall be placed on the Use Permit and shown on all building plans. Timing: The mitigation shall be required prior to the issuance of building permits. Monitoring: The Butte County Planning Division and Building Division shall ensure compliance. 12. Prior to site development and building permit issuance, 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. (Mitigation Measure #7) Plan Requirements: The mitigation shall be placed on the Use Permit and shown on all building plans. _ Timing: The drainage plan shall be required prior to the issuance of building permits. Monitoring: The Department of Public Works shall be responsible for ensuring compliance with this mitigation. 0 • 15. Butte County Environmental Health Division Requirements: (1) Prior to the issuance of a building permit, meet the sewage disposal requirements of the Watershed Protection Overlay Zone (Butte County Code Section 24-235). (2) Connect the proposed development to a public water supply. (3) Prior to issuance of a building permit, provide a "will serve" letter from Del Oro Water Co. stating that Del Oro Water Co. is willing and able to provide water to the living units proposed. (Mitigation Measure #4) Plan Requirements: The conditions shall be placed on the Use Permit and shall be shown on building plans. Timing: This measure shall be implemented prior to site development. Monitoring: The Environmental Health Division shall ensure compliance with requirements. 17. Butte County Fire/California Department of Forestry Requirements: (a) Construction, installation or. development of structures or facilities within this development shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulation in effect at the time of application for improvement permits. (b) 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. (c) 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 shall be 500 feet, hydrant size shall be 6 inches, and residual fire flow shall be 1,750 gallons per minute. Submit plans to the Fire Department for review and approval prior to construction of facilities. One additional fire hydrant shall be required. (Mitigation Measure #6) Plan Requirements: The mitigation shall be placed on the Use Permit and shown on all building plans. Timing: This Mitigation shall be implemented at the time of site construction and prior to issuance of final building permits. Monitoring: The Butte County Fire/California Department of Forestry shall ensure compliance with the requirements of this mitigation. 0 w CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FILING FEE EXEMPTION De Minimis Impact Finding (Fish and Game Code Sec. 711.4; Section 753.5c, Title 14, California Code of Regulations) Project Title/Butte County Location: UP 03-02, on the east side of Lakeridge Circle, approximately 970 feet northeast of Skyway, Magalia Project Description: Use Permit to construct multiple dwellings in the C -C (Community Commercial)/WP (Watershed Protection Overlay) Zone at the rear of the lot 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. 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. The project is hereby found to be de minimis in its effect on wildlife and exempt from the State Fish and Game filing fees required by Section 711.4 of the Fish and Game Code. Certification: I hereby certify that the County of Butte has made the above findings of fact and that based upon the initial study and hearing record the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. By: Y Services Lead Agency: County of Butte Date: October 14, 2003 Y � COUNTY OF BUTTE 384828 OFFICIAL RECEIPT OFFICE OR DEPAUMENT ISSUING RECEIPT I Zr?200 Received frog® 51� �� �►tiCl'�n (� � �� The Sum of -4;C Jtol - l,�".�In For Received: 0 6 G - 3 4/0 - co Received By CASH ❑ � c� Title CHECK [�`� ?J / By DAVCO ROSINESS FORMS • (5301 743-8511 Form 75702 STIMSON CONSTRUCTION CO. 90-7477/3211 4396 14340 TROY WAY MAGALIA, CA 95954 530-873-1308 LIC. B386165 PAY TO THE $ ^ ORDER OF DOLLARS a —'OFaradise D1rce ERRA 6148w reet CHNTRAL Paredise, CA 95969 Check Verification Call 530-671-8398 Memo • '� 11000 39611' 1:3 2 11,747701:000000 i l6 139611' f COLOEKY OF RLT. FE A, U01TOR13- CE RMRCATE AND TREASURER'S REMPT GRGV-t .LE, CA ATR Wo -91 RE-CEP.G.0 FROM PLAPS&IM-0 74 Boa @ 3213 DATE &92003 FUND FUND DEPT ACCT CASH DESCRVnor-1 CODE CODE CODE CODE DEPOSIT OSIT" DATE: 8-9 RECEGPTS: PLAMMING APPL FEES QEEVL WIG 44a,'Wrl 4-djag-oo jGjM. j 4MG.ES Plied Number Amount of Pee M. 6-340-005 SJrnson Up t !A, 2 $496.58 -10"NOE CLERK'S FOLD G FE QENL 0940 47=31 412319 lQ`jW.j Ms) PrIsiect € umbe Amount of Pee 'MOLL340-005,Stimoon UP Q3-02 TOTAL 532.5.9 APPROVED BY: RECEPAr Erf: Pa -� Esq: ,j i r; USE PERMIT • BUTTE COUNTY PLANNING COMMISSION W+ 2 8 2003 DATE: (Certified Mail Rec.) UP 03-02 PERMIT NO. 066-340-005 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Harold Stimson is hereby granted a Use Permit for two single- family dwellings on APN 066-340-005 on Lakeridge Circle, in Magalia. 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 two years of the date of approval. 3. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 4. If any use for which a Use Permit has been granted is not established within two years of the receipt of the Permit by the Permittee, the Permit shall become null and void and reapplication pursuant to Section 24-45 (of the Zoning Code) shall be required to establish the use previously granted under the expired Permit unless, 30 days prior to the expiration date, a request for a one year extension is submitted to the Planning Commission together with sufficient evidence that the time limits for processing development permits under federal or state regulations require time limits which exceed one year. Upon application, and for good cause by the Permittee, at a public hearing pursuant to Section 24-45.25 above, the Planning Commission may extend any time limitation previously made a part of any condition to a Use Permit. 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. 1 6. Neither the applicant, nor any agent nor representative of the applicant shall intentionally omit or misrepresent any material fact in connection with the application. Any alleged material misrepresentation shall constitute grounds for the Director of Development Services to commence a revocation hearing, and, if proven to exist, shall ' constitute sufficient grounds to revoke a Permit. Conditions of Approval: Planning Division: 1. Wood stove and fireplace inserts installed in any home within this development shall be EPA approved and designed to meet emissions standards of the California Clean Air Act of 1988 as amended (Mitigation Measure #1). Plan Requirements: All requirements shall be noted in the Use Permit and building plans. Timing: Prior to issuance of building permits, compliance with above mitigation is required to authorize fireplace or wood stove inserts. Monitoring: The Building Division shall review EPA approval for applicable building permit applications and shall inspect improvements to ensure construction in compliance with approved permit(s). 2. Measures shall be taken to control fugitive dust emissions from all driveways and other civil construction associated with development. All disturbed areas, including driveways, shall be treated with water and/or other acceptable soil palliatives during and after construction to minimize the creation of dust and to protect air quality in the surrounding area. The treatment shall be maintained until ground surfaces are stabilized with vegetation or pavement. (Mitigation .Measure #2) Plan Requirements: The conditions shall be noted in the Use Permit. All requirements shall be shown on building plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. 3. Should grading activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an 2 archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains. (Mitigation Measure #3) Plan Requirements: The condition shall be placed on the Use Permit. All requirements shall be shown on building plans. Timing: This measure shall be implemented.during site preparation and construction. Monitoring: Should cultural resources be discovered, the Planning Division shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 4. Watershed Protection Zone Erosion Control Measures: (a) All driveways for this development shall be surfaced with at least two (2) inches of Class 2 aggregate base, unless required to be developed to a higher standard. (b) All roads created as a result of this development shall be surfaced with a minimum of two (2) inches of Class 2 aggregate base, to a minimum width of twenty (20) feet,• unless required to be developed to a higher standard by other code requirements. This standard shall apply from a maintained County road, or existing road of a higher standard, through the parcel being divided. (c) All roads and driveways shall meet the minimum requirements as prescribed by Public Resources Code 4290 and 4291 and Butte County Fire Safe Regulations, or as prescribed by the Butte County Department of Public Works. (d) Erosion and sediment control plans, including provisions for wet weather conditions, shall be submitted with all Building permits, discretionary development projects, and grading plans, excluding structures that fall under the provisions of Section 26-3.1 of the Butte County Code. The erosion and sediment control plans shall include both temporary (first year) and permanent erosion control protection measures that prevent sediment and other pollutant discharges from reaching watershed drainages and streams. The erosion and sediment control plans shall comply with the recommendations of a qualified professional involved in the preparation of erosion control plans. Said plans shall be reviewed and approved by the Department of Development Services. . (e) The erosion and sediment control plan shall include the time of year for construction activities. No soil disturbance shall occur after November 15 or before April 1 unless the Director of Development Services, or his or her authorized agent, determines project soil conditions to be adequate to accommodate development activities. All such areas where land clearing has been completed between April 1 and November 15 shall be revegetated, hydro - seeded, mulch protected or otherwise stabilized no later than December 1. Should grading be permitted during the rainy season, the smallest practicable area of erodible land shall be exposed at any one time and the time of exposure shall be 3 minimized. Temporary erosion control measures shall be in 'place on a daily basis. (f) No structures shall be placed within two hundred (200) feet of the high water mark of the Paradise or Magalia Reservoirs or within fifty (50) feet of the top of the bank of any perennial or ephemeral water course, as shown on the most recent edition of USGS 7.5 minute topographic maps, in the Firhaven Creek, Paradise Reservoir, and. Magalia Reservoir watersheds. This provision shall not preclude development on a parcel that would otherwise become undevelopable due to this provision. (Mitigation Measure #5) Plan Requirements: The mitigation shall be placed on the Use Permit and shown on all building plans. Timing: This measure shall be implemented during site preparation and construction. Monitoring: The Planning Division shall ensure compliance with all erosion control measures. 5. The applicant or developer shall be required to submit a development impact fee for Sheriffs facilities shall be paid pursuant to the provisions of Chapter 3, Article II of the Butte County Code,.prior to issuance of building permits. The fee amount would be determined and calculated as of the date of application for the building permit. (Mitigation Measure #8) Plan Requirements: The mitigation shall be placed on the Use Permit and shown on all building plans. Timing: The mitigation shall be required prior to the issuance of building permits. Monitoring: The Butte County Planning Division and Building Division shall ensure compliance. 6. A development impact fee for school facilities shall be paid prior to issuance of building permits. The fee amount would be determined and calculated as of the date of application for the building permits." The fee amount would be determined and calculated as of the date of application for the building permit. (Mitigation Measure #9) Plan Requirements: The mitigation shall be placed on the Use Permit and shown on all building plans. Timing: The mitigation shall be required prior to the issuance of building permits. Monitoring: The Butte County Planning Division and Building Division shall ensure compliance. 7. The residential developer shall be required to install a sound deadening wall or planted berm of required size at the time of construction of the residential units (per Butte County 4 Code 24-150(e)(12)). The wall or berm shall be required along the property of adjacent commercially zoned parcels in the location of the residential units. If the subject parcel is developed in the future with a commercial use, a wall or berm of required size shall separate the on-site commercial use from the on-site residential use. 8. Development fees for the proposed residential improvements shall be paid prior to the issuance of Building Permits. The fees shall be those in effect at time of application and shall include, but not be limited to, Park and Recreation District fees, Water and Sewer Service Fees, Permit and Plan Check Fees, and Fire Protection Fees. 9. The residential dwellings must meet all applicable setback requirements upon issuance of building permits. 10. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. 11. All outstanding application processing fees shall be paid prior to issuance of the Use Permit. Public Works 12. Prior to site development and building permit issuance, 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. (Mitigation Measure #7) Plan Requirements: The mitigation shall be placed on the Use Permit and shown on all building plans. Timing: The drainage plan shall be required prior to the issuance of building permits. Monitoring: The Department of Public Works shall be responsible for ensuring compliance with this mitigation. 13. 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. 14. Prior to issuance of building permits, the applicant shall pay a pro -rata cost share for congestion reduction improvements at the northerly intersection of Lake Ridge Circle and the Skyway. Environmental Health Division 15. Butte County Environmental Health Division Requirements: 5 (1) Prior to the issuance of a building permit, meet the sewage disposal requirements of the Watershed Protection Overlay Zone (Butte County Code Section 24-235). (2) Connect the proposed development to a public water supply. (3) Prior to issuance of a building permit, provide a "will serve" letter from Del Oro Water Co. stating that Del Oro Water Co. is willing and able to provide water to the living units proposed. (Mitigation Measure #4) Plan Requirements: The conditions shall be placed on the Use Permit and shall be shown on building plans. Timing: This.measure shall be implemented prior to site development. Monitoring: The Environmental Health Division shall ensure compliance with requirements. 16. Prior to issuance of a building permit the applicant shall meet the sewage disposal requirements of Butte County for the installation of sewage disposal systems. California Department of Forestry/Butte County Fire 17. Butte County Fire/California Department of Forestry Requirements: (a) Construction, installation or development of structures or facilities within this development shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulation in effect at the time of application for improvement permits. (b) 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. (c) 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 shall be 500 feet, hydrant size shall be 6 inches, and residual fire flow shall be 1,750 gallons per minute. Submit plans to the Fire Department for review and approval prior to construction of facilities. One additional fire hydrant shall be required. (Mitigation Measure #6) Plan Requirements: The mitigation shall be placed on the Use Permit and shown on all building plans. Timing: This Mitigation shall be implemented at the time of site construction and prior to issuance of final building permits. Monitoring: The Butte County Fire/California Department of Forestry shall ensure compliance with the requirements of this mitigation. C• • rv' 18. Fire hydrant identification, reflector or post reflectors shall be installed acceptable to the County Fire Warden. County Counsel 19. ' If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to defend, indemnify and hold the County of Butte harmless from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied Dated: Applicant NOTE: Issuance of this Use Permit does not waive requirements of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Butte County Planning Commission Chairman CC: Land Development Division Building Division Environmental Health Department Butte County Fire Department/CDF Assessor Town of Paradise VA ■ Complete items 1, 2W 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Harold A. Stimson '14340 Troy Way ` .Magalia, CA ' 95954 (zo 0 O� A.Signa re - X� ❑ Agent ❑ Addressee B., Received by (Printed Name) C. Date of Delivery D. Is delivery address differenLfro item ❑Yes / P 11;,y� If YES, enter delivery a dr�s below!CEJ No 3. Service Type --,Zs 9SeCertified Mail ❑ Expres-sU-aim ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number --.. -_-* - - 001 0 ; , .44; i t (Transfer from service label) 7 194 0005 72 3988, r PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1540 UNITED STATES PL SERVICE irst-Class Mail 111111 , ostage & Fees Paid � t.0�r ttfty9:, -10 • Sender: Please print your name, address, and ZI +4UtIQ6x% ns / COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION 7 County.Center Drive Oroville, CA 95965-3397 BUTTE COUNTY NOV 0 4 2003 DEVELOPMENT 11111 if 11 11111 till 11111 111111111111111 Illildif 11SERVICES Butte County Department ofDevelopment Services YVONNE CHRISTOPHER, DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * GIS * PLANNING ' October 28, 2003 Harold A. Stimson 14340 Troy Way Magalia, CA 95954 CERTIFIED MAIL Re: Use Permit UP 03-02, APN 066-340-005 Dear Mr. Stimson: Enclosed is your validated Use Permit to construct multiple dwellings in the C -C (Community Commercial) Zone at the rear of the lot, located on the east side of Lakeridge Circle, approximately 970 feet northeast of Skyway, 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. Roni Thornton Office Assistant II Enc. cc: Land Development Division (g) Building Division (y) Environmental Health (p) Department of Forestry (gld) Larry Painter - u.s. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No,lnsurance Coverage Provided) Co CO E M I7 L Postage $ rt . Certified Fee t Po-tmirk O Return Receipt Fee (Endorsement Required)._ ' Here O Restricted Delivery Fee C3 (Endorsement Required) IT Harold-A:-Stimson�- ''4 143.40 Troy Way. . - c3 Magalia, CA 95954 ; --------------------- 1 MEMORANDUM PLANNING DEPARTMENT TO: Butte County Assessor's Office FROM: Butte County Planning Department SUBJECT: Harold A. Stimson, UP 03-02 DATE: October 28, 2003 Pursuant to Section 65863.5 of the Government Code, the following parcel identified as 066-340-005, was: Rezoned from to zoning district. Granted a variance to X Issued a conditional Use Permit to construct multiple dwellings in the C -C (Community Commercial) Zone at the rear of the lot, located on the east side of Lakeridge Circle, approximately 970 feet northeast of Skyway, Magalia, zoned C -C (Community Commercial). Butte County Department of Development Services PLANNING DIVISION 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * GIS * PLANNING September 26, 2003 Harold A., Stimson 14340 Troy Way Magalia, CA95954 Re: Use Permit, UP 03-02, AP: 066-340-005 Dear Mr. Stimson: At the regular meeting of the Butte County Planning Commission held September 25, 2003, your request for a Use Permit to construct two single-family dwellings on property zoned C -C, (Community Commercial) and located on the east side of Lakeridge Circle, approximately 970 feet northeast of Skyway, Magalia, 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, prior to 5:00 p.m., Monday, October 6, 2003, Insert 10 day appeal date to the: Clerk of the Board of Supervisors 25 County Center Drive Oroville; California, 95965 The appeal fee of $50.00 must be paid at that time. If you do not appeal, and if there are no other appeals within the 10 calendar -day appeal period, the action of the Planning Commission is final. PLANNING FEES Your project required a deposit of funds to begin processing of your application. You will be receiving an invoice detailing the planning charges incurred against that deposit. In the event the charges have exceeded the initial deposit, you will be invoiced for those charges that have exceeded the amount deposited and for additional funds to be deposited for the completion of the project. If your project has been completed and there is a balance remaining of your initial deposit, it may be applied to any applicable additional fees as described below. If there are no additional fees, you will be refunded the balance of your deposit. 1� ADDITIONAL FEES - Any fees checked below are applicable to this project and will appear on your invoice. ® This project requires a filing of a NOTICE OF DETERMINATION. The California Environmental Quality Act (CEQA) requires that each project proponent remit a handling fee for the filing of the Notice of Determination (NOD) with the County Clerk. Public Resources Code 21152 requires the NOD or approval be filed within five working days after the approval or determination becomes final. This fee is $36.00. APPROVAL OF PROJECT SUBJECT TO PAYMENT OF ALL APPLICABLE FEES Payment of all applicable fees will be required as a condition of approval for your project. Prompt payment of invoiced amounts will expedite the approval process in satisfying this condition. 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 Mark Michelena at 538-7376 between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Services Assistant /lr k://etterss/merge letters/APPRDIMPM.dot • Paradise Post Declaration of Publication State of California County of Butte BUTTES f•.." COUNTY " ATED NEGA -,'Planning Division at the ."PLANNING COMMIS Tl!_' _ DECI ARA_ ; above address:...: F " SIGN, -NOTICE- '..OF-'-TION/USE PERMIT­­:•_� PUBLIC HEARING �, i -b Y 'e, :>>; If- you challenge either' AND Harold . Stimson; Use, the' Mitigated- Negative NOTICE'OFINTENT Permit to construct two',- Declaration or the. Use TO ADOPT A MITIGAT- ',,, Single-family•,dwellings' Permit -:in , court, : you A �.ED' NEGATIVE' DEC- I in. the C -C (Community may be limited.to'rais- LARATION "'' 1�Commercial)' lone. The '.`ing only' those" issues - _ 2 �• property: is located `.ort' C you : or = soineone `else Notice is. hereby :given,;, the , east aside , of . ;raised, at ;'the public by the. _Butte County. ` Lakeridge, ' Circle :.hearing -described in Planning ;Commission .'approximately 970 feet; - this notice,.or in,written that', a .public hearing northeast,; of Skyway;;_ correspondence; deliv- will.:,. be-� ! held on. ' Magalia: APN 066-340- `tiere 03 d *to -the Planning September 25, 2003, at'`�0515 (MM) (UIP --02) ; Division at, or prior to,, '9`.00 a.m. in the Oroville the public hearing: , City Council Chambers •The Initial- Study, `and '.a`� p1735RMontgomerySt Proposed 4 Mitigated `;For further information Orowlle--Califomia,•• at r Negative., Declaration regarding this project, 9:00 am . n s, forsthis project; ire on •,.'please contact;. Mark ' �Regardmg:the following Mile for public -review .',Michelena . project itemr, t ` .starting,...September 3 planner, at the. Butte t., 2003'. - through County, ,;;, `'Planning In. -accordance with the «•i: September 24; 2003 at Division at (530) 538- G a I i f'o`r•n.i•a.;ahe';-Butte rCounty Envirorimerital-Quality Planning °. Division; 7 Declarant Says: Act (CEQA);, an, Initial'.. 'County .Center Drive '. Study f has. been' pre .,Oroville `California, -and `DIRECTOR YVONNE CHRISTO-• "PHER, OF - That at all times herein mentioned Declarant is and was a resid --pared •for the following, 1 th'e,•; PaFadise Library, ;• .'DEVELOPMENT SER - said county of Butte over the age of twenty-one years; not a pa project. Therefore, r 5922,;,w Clark, f -?%ad„ VICES interested in the within matter; that Declarant is now and was ' - ision staff L Y Paradise: All interested : `li=re • ' =* , times herein mentioned the Legal Clerk of the Paradise Post, a .' G is recommending �. (a �-F,persons 4 are : invited .to : , Mitigated Negative, theF document.' " r September• 4, 2003, 451 weekly newspaper, which said newspaper was adjudged a new ,review Declaration. -: 3 Written comments will 03 "+m general circulation on November 12 1946 b Superior Court Abe, accepted by the,, i No. 22262 as entered in Book 30 Page 223 of said Court; and that said newspaper is printed and published every Tuesday, Thursday and Saturday in Paradise in said County of Butte; and that the Public Notice Butte County Planning Commission Harold Stimson, Use Permit Legal #451-03 Of which the copy annexed on the margin hereof is a true printed copy, was published in said newspaper in the issues of; September 4, 2003 And that such publications was made in the regular issues of said paper (and not in any supplemental edition or extra thereof). I declare under penalty of perjury that the foregoing is true and correct. Executed on September 4, 2003 Paradise, California. i Declarant L A N D OF NATURAL WEALTH A N D B E A U T Y i ;Jr y�f PLANNING DIVISION s? r DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 ."0 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 August 27, 2003 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 September 25, 2003, at 9:00 a.m. in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, at 9:00 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. Therefore, Planning Division staff is recommending a Mitigated Negative Declaration. MITIGATED NEGATIVE DECLARATION/USE PERMIT Harold Stimson, Use Permit to construct two single-family dwellings in the C -C (Community Commercial) zone. The property is located on the east side of Lakeridge Circle, approximately 970 feet northeast of Skyway, Magalia. APN 066-340-055 (MM) (UIP 03-02) The Initial Study and Proposed Mitigated Negative Declaration for this project are on file for public review starting, September 3, 2003, through September 24, 2003, at the Butte County Planning Division, 7 County Center Drive, Oroville, California. and the Paradise Library, 5922 Clark Road, Paradise. 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 Mark Michelena, project planner, at the Butte County Planning Division at (530) 538-7376. YVONNE CHRISTOPHER, DIRECTOR OF DEVELOPMENT SERVICES To be published in the Paradise Post on Wednesday, September 3, 2003. AUG 2 2n03 CLERK; 3- --- - .. DE DTY, August 28, 2003 REVISED LETTER Harold A. Stimson 14340 Troy Way Magalia, CA 95954 Re: Use Permit, AP 066-340-005, UP 03-02 Dear Mr. Stimson:: butte L'ountu 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 Enclosed is a copy of the Agenda Report concerning your application for a Use Permit to construct multiple dwellings in the C -C (Community Commercial) Zone at the rear of the lot on the east side of Lakeridge Circle, approximately'970-feet east and north of Skyway, 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 September 25, 2003, at 9:00 a.m. This meeting will beheld in the Oroville City Council Chambers, 1735 Montgomery Street, 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 Mark Michelena 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 Services Assistant Enc. cc: j:\wpdocs\pcIts\scheduIe.nirg BUTTE COUNTY PLANNNNING COMMISSION ;;. AGENDA REPORT September 25, 2003 Applicant: Harold Stimson File #: UP 03-02 Request: Use Permit to construct two single-family dwellings in the C -C (Community Commercial) Zone. G.P.: Commercial Zoning: C-C/WP (Community Commercial/Watershed Protection) APN: 066-340-005 Location: On the east side of Lakeridge Circle, approximately 970 STAFF COMMENT: feet northeast of Skyway, Magalia Parcel Size: 1.13 acres Zone date: March 18, 1975 Project Mark Michelena Planner: Associate Planner Supervisor District: 5 Attachments: A. Vicinity Map B. General Plan/Zoning Map C. Initial Study/Mitigated Negative Declaration D. Site Plan Staff recommends approval of the Use Permit with findings and conditions. PROJECT DESCRIPTION/SITE CHARACTERISTICS: This request is for a Use Permit to construct two single-family dwellings on a 1.13 acre parcel. The property is currently zoned C-C/WP (Community Commercial/Watershed Protection) and the Butte County General Plan designation is Commercial. The property is presently vacant. Domestic water service for the parcel shall be provided by the Paradise Irrigation District. The uses on the property will be serviced by septic. Surrounding land use is commercial, quasi -public and open space ranging in size from 0.16 of an acre to 21 acres. Zoning on the surrounding parcels are C -C (Community Commercial), N -C (Neighborhood Commercial), and P-Q/WP (Public, Quasi- Public/Watershed Protection). The project site is located in Magalia near the southern intersection of Skyway and Lake Ridge Circle. The site is generally level. The site is located in the Paradise Watershed Protection Zone. 0 BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT 0 PAGE 1 0 ANALYSIS: General Plan and Zoning The Commercial General Plan designation allows residential dwellings as a secondary use. The Commercial General Plan designation specifies that residential uses must be limited to minimize conflicts with commercial uses. The CC/WP zone allows, multiple dwellings upon the securing of a Use Permit. The request is for two single-family dwellings. The proposed density would be 1.77 dwellings per acre. This is considered a very low residential density that would minimize conflicts with future commercial uses in the area. It should be noted that no commercial uses currently abut the properties at this time. Butte County Code Section 24-150 (12) requires the construction of Zone Walls when a commercial use adjoins a residential use. In this case future permitted commercial use would be burdened by the conditionally approved residential use. The obligation of the sound deadening wall or planted berm of required size shall be on the residential developer at the time of construction of the residential units. Surrounding Uses and Compatibility Surrounding properties are similarly undeveloped with similar forest cover and site conditions. The property's rear yard lies adjacent to the Magalia Reservoir property, which is zoned for public uses. Parcel sizes in the surrounding area are typically from one-third acre to 3 acres. This area was subdivided in 1972 by the Skyway Plaza Subdivision map. This subdivision comprises a commercial portion of the Paradise Pines residential subdivision, although commercial development is not prevalent or built -out in this subdivision. Current commercial uses include a market, bank, gas station, restaurant and other businesses. Paradise Pines Residential Subdivision is located across Skyway and is a mix of older smaller homes, newer style homes, and mobile homes located on lots ranging in size between 8,000 and 17,000 square feet. Watershed Protection Overlay This property is located within the Watershed Protection Overlay Zone. This zone was established to protect the County's surface and ground water resources in the vicinity of the Paradise and Magalia reservoirs. This development would be consistent with the Watershed Protection Overlay Zone provided the development requirements of the zone are upheld per Condition #4 of the Use Permit. As a part of the Use Permit request, the applicant is required to present information, including plans or other information that is substantial enough to enable decision makers to make an informed decision regarding the compatibility of the proposed project with existing zoning, General Plan designation, and surrounding properties. The following finding is necessary for the Planning Commission to grant a Use Permit: "the proposed uses of property will not impair the integrity and character of the zone in which the land lies, and that the use would not be unreasonably incompatible with, or injurious to, surrounding properties or detrimental to the health and general welfare of the persons residing or working in the neighborhood or the general health, welfare, and safety of the residents of the county" (Butte County Code, Section 24-45.10). 0 BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT 0 PAGE 2 0 Implementation of Project Conditions imposed by the Planning Commission will ensure compliance with all land use plans and policies and that the proposed project would not impair the health, welfare, or safety of Butte County residents. Local Agency Review: The project was reviewed and conditions are applied by the Butte County Department of Public Works, Butte County Department of Environmental Health, and California Department of Forestry. The Town of Paradise has commented on the project with respect to the project being in the Paradise Watershed Protection Zone which needs to be designed, mitigated, and conditioned to assure no adverse or detrimental effects upon the watershed. They also have concern over any cumulative traffic impacts that this type of development are generating upon the Town of Paradise and Paradise Ridge Area. Impacts are addressed below and in the initial study. They are recommending that Butte County refrain from rendering discretionary decisions concerning development projects in the Upper Ridge Area until adequate growth management policies and mechanisms for improving traffic circulation in the area are properly and formally in place. LAFCo has reviewed and commented that water availability is a significant issue. Shortages are present and additional residential uses will stretch limited supplies even further. Water will be supplied by the Del Oro Water District. The Butte County Agricultural Commissioner had no comments. CEQA ISSUES: The project was reviewed for environmental impacts under the California Environmental Quality Act (CEQA) in accordance with State Law. The following discussion summarizes issues and impacts identified in the Initial Study. These issues resulted from the preparation of an initial study. Air Quality Development of the project site would result in a cumulative impact on air quality created by the increase in vehicle traffic, the potential use of wood burning devices in the new residences, and dust from vehicular traffic on unpaved driveways on the site. The additional vehicle traffic is not anticipated to be significant because only two new single family residential units (rental units) would be allowed. The proposed two residential units are well below the 97 -lot threshold established by the Butte County Air Quality Management District for additional air-quality analysis (1997 Air Quality Attainment Plan). The project may create fugitive dust emission during site development activities, such as grading, excavation for foundations and utilities, tree removal, road construction, and other soil work. The Butte County Air Quality Management District (BCAQMD) recommends incorporating measures to control fugitive dust emission for all road and other construction 0 BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT 0 PAGE 3 0 activities during project development, using such methods as site and driveway watering and/or use of other acceptable soil palliatives. Cultural Resources The proposed development permitted under this Use Permit could have an impact on undiscovered archaeological resources. There is always the potential for undiscovered archaeological resources to be uncovered during excavation activities. For this reason a mitigation measure is required that all construction activities cease in such an instance. Ground disturbance would not resume until clearance is provided by a qualified archaeologist. Geolop,ical Processes The Erosion Potential Map of the Safety Element of the Butte County General Plan indicates that erosion potential of this site is slight. Although erosion is not considered to be an environmental impact at this site, the applicable Watershed Protection Overlay Zone (WP Zone; Butte County Code Section 24-235) requires that: 1) an erosion and sediment control plan be submitted with all development projects. This plan would include both temporary (first year) and permanent erosion control protection measures that prevent sediment and other pollutant discharges from reaching watershed drainages and streams; 2) no soil disturbance occur after November 15 or before April 1 unless it is determined that soil conditions are adequate to accommodate development activities without risk of erosion; 3) All driveways and roads constructed as a result of the project be surfaced with a minimum of two (2) inches of Class 2 aggregate base rock; and 4) other measures to ensure compliance with the WP zone. These requirements have been set forth as a mitigation measure for this project. The project was reviewed by the Butte County Environmental Health Division. The Environmental Health Division reports that the applicant has completed necessary soil tests needed to determine compliance with the on-site sewage disposal regulations contained under Butte County Code Section 19-21. The Environmental Health Division also requests that the proposed development receive a public water supply and that the development meet the sewage disposal requirements of the Watershed Protection Zone prior to the issuance of Building permits. These requirements would be reflected as mitigation measures and conditions of the Use Permit. Hazards and Hazardous Materials The site is located in an area identified as having a high Wildfire Hazard pursuant to the Natural Fire Hazard Fire Classes Map of the Safety Element of the Butte County General Plan. The Butte County Fire Department/California Department of Forestry (CDF) is requiring compliance with the latest California Fire Safe Regulations (Public Resources Code Section 4290). A pressurized community water system for fire protection is also required by CDF. Hydrology/Water Quality The project does not involve water discharges and would not violate any water quality standards or warrant any waste discharge requirements. The project does not propose to use groundwater and would be supplied with a domestic water source by a local water service provider. 0 BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT 0 PAGE 4 0 The applicant proposes to utilize an existing drainage ditch to accept storm water run-off from the project site. This plan has been reviewed by the Department of Public Works. Public Works staff indicates that the concept of utilizing the drainage ditch is acceptable, but that further engineering information will be necessary prior to site development. The Department of Public Works requires that, prior to issuance of building permits, a drainage plan be.submitted to be approved by the Department of Public Works. The drainage plan shall specify how drainage waters shall be detained on site 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. Public Service The Butte County Fire Department/California Department of Forestry (CDF) indicates that cumulative development in rural areas will impact their ability to provide fire protection services. Mitigation Measures would ensure that fire protection services are not significantly impacted by the proposed development. The proposal would cause an incremental increase in demand for police protection services. The cumulative impacts of increased development in rural areas impacts the ability of the Sheriffs Department to adequately provide police services to outlying areas. As a condition of project approval, the applicant would be required to submit a development impact fee for Sheriffs facilities shall be paid pursuant to the provisions of Chapter 3, Article II of the Butte County Code, prior to issuance of building permits. The proposal would result in an incremental demand for school facilities in the area. A condition of the Use Permit the applicant would be required to pay a development impact fee for school facilities. The fee amount would be determined and calculated as of the date of application for the building permits. While the school district maintains that these fees do not fully mitigate the impacts of the project, the County is precluded from imposing additional fees by the State Legislature. Transportation/Traffic The proposed Use Permit would allow for construction of two residential dwellings. The residential development has the potential to generate approximately 19 additional traffic trips per -day based upon the 9.55 vehicle trips/day per dwelling unit as projected by the Trip Generation Manual of the Institute of Traffic Engineers for single family dwellings. The Butte County Association of Governments (BCAG) 1996 Metropolitan Transportation Plan estimated that 15,300 daily trips would occur on the section of the Skyway in proximity to this project, providing for a Level of Service (LOS) of "E". An LOS of `B" indicates a restricted flow of traffic and delays that are unacceptable to most motorists. The Department of Public Works, however, measured 1,112 daily trips on Lakeridge Circle in 2001 and 11,080 daily trips on the Skyway, south of Lakeridge Circle. Based upon the traffic count and physical inspection of the area, no delays to traffic would be expected on Lakeridge Circle with project approval. The actual counts for the Skyway show that approximately 4,200 fewer vehicles are using the Skyway than what was anticipated in 1996 by BCAG. Nonetheless, 0 BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT 0 PAGE 5 0 • levels of service on the Skyway at this location are expected to include major delays. This is due to the proximity of the Paradise Pines Subdivision, the relatively small two lane configuration of the Skyway, and the amount of traffic headed south towards the Town of Paradise. The additional 19 traffic trips for the residential uses are not anticipated to significantly alter the existing level of service. The Town of Paradise is concerned with the cumulative traffic impacts that this type and similar types of land use development are generating. They are recommending adequate growth control management policies and mechanisms for improving traffic circulation in the area. 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 did not identify significant environmental effects; a Mitigated Negative Declaration is proposed. B. The Planning Commission has considered the proposed Mitigated Negative Declaration, together with comments received during the review process. C. On the basis of the whole record before the Planning Commission, including the Initial Study and any comments received, there is no substantial evidence that the Use Permit for Harold Stimson, Planning Division File No. UP 03-02 will have a significant effect on the environment. D. The proposed Mitigated Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. E. Adopt the Mitigated Negative Declaration regarding environmental impacts, as detailed in the Agenda Report dated September 11, 2003. II. Adopt a "de minimis" exemption regarding impact to fish and wildlife or their habitat. The design of the proposed project improvements will not cause environmental damage to fish and wildlife or their habitat. The collection of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is not required. The project site is not known to contain any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U. S. Fish and Wildlife Service. The project will not have a substantial adverse effect on any riparian habitat; have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act; interfere substantially with the movement of any native resident or migratory fish or wildlife species; conflict with any local policies or ordinances protecting biological resources; or conflict with the provisions of an adopted Habitat Conservation Plan. 0 BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT 0 PAGE 6 0 III. Approve Use Permit 03-02 for Harold Stimson, subject to the following findings and conditions in Exhibit "A". A. The proposed uses of the property will not impair the integrity and character of the zone in which the land lies, and the use 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. Compliance with California Department of Forestry Condition #18 will ensure that the proposed use will not pose a fire hazard and will comply with the Fire Safe Regulations (Public Resources Code Section 4290); and, 2. Compliance with Butte County Air Quality Management District Condition #1 and #2 will ensure that no impacts related to air quality and fugitive dust will occur as a result of the proposed use; and, 3. Compliance with Planning Division Condition #4 will ensure that the proposed use is developed and operated in compliance with the provisions of the Watershed Protection Overlay Zone; and, 4. Compliance with Department of Public Works Conditions #12 through #14 ensures that the proposed use complies with Butte County Development standards pertaining to road construction and drainage and that a pro -rata cost share is provided for future congestion reduction improvements at the northerly intersection of Lakeridge Circle and the Skyway; and, 5. Compliance with Environmental Health Division Condition #15 and #16 ensures that the proposed use shall be served with adequate water and sewer service and that the proposed on-site sewage disposal systems comply with the Watershed Protection Overlay Zone. B. The proposed project is conditionally consistent with the C-C/WP (Community Commercial/Watershed Protection) Zone with a Use Permit and is permitted as a secondary use under the Commercial General Plan designation. C. Based on the above findings, the proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare, or injurious to properties or improvements in the vicinity. 0 BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT 0 PAGE 7 0 0 • EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP 03-02 PERMIT NO. 066-340-005 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Harold Stimson is hereby granted a Use Permit for two single- family dwellings on APN 066-340-005 on Lakeridge Circle, in Magalia. 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 two years of the date of approval. 3. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with -the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 4. If any use for which a Use Permit has been granted is not established within two years of the receipt of the Permit by the Permittee, the Permit shall become null and void and reapplication pursuant to Section 24-45 (of the Zoning Code) shall be required to establish the use previously granted under the expired Permit unless, 30 days prior to the expiration date, a request for a one year extension is submitted to the Planning Commission together with sufficient evidence that the time limits for processing development permits under federal or state regulations require time limits which exceed one year. Upon application, and for good cause by the Permittee, at a public hearing pursuant to Section 24-45.25 above, the Planning Commission may extend any time limitation previously made a part of any condition to a Use Permit. 0 BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT 0 PAGE 8 0 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. 6. Neither the applicant, nor any agent nor representative of the applicant shall intentionally omit or misrepresent any material fact in connection with the application. Any alleged material misrepresentation shall constitute grounds for the Director of Development Services to commence a revocation hearing, and, if proven to exist, shall constitute sufficient grounds to revoke a Permit. Conditions of Approval: Planning Division: 1. Wood stove and fireplace inserts installed in any home within this development shall be EPA approved and designed to meet emissions standards of the California Clean Air Act of 1988 as amended (Mitigation Measure #1). Plan Requirements: All requirements shall be noted in the Use Permit and building plans. Timing: Prior to issuance of building permits, compliance with above mitigation is required to authorize fireplace or wood stove inserts. Monitoring: The Building Division shall review EPA approval for applicable building permit applications and shall inspect improvements to ensure construction in compliance with approved permit(s). 2. Measures shall be taken to control fugitive dust emissions from all driveways and other civil construction associated with development. All disturbed areas, including driveways, shall be treated with water and/or other acceptable soil palliatives during and after construction to minimize the creation of dust and to protect air quality in the surrounding area. The treatment shall be maintained until ground surfaces are stabilized with vegetation or pavement. (Mitigation Measure #2) Plan Requirements: The conditions shall be noted in the Use Permit. All requirements shall be shown on building plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. 3. Should grading activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find 0 BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT 0 PAGE 9 0 shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains. (Mitigation Measure #3) Plan Requirements: The condition shall be placed on the Use Permit. All requirements shall be shown on building plans. Timing: This measure shall be implemented during site preparation and construction. Monitoring: Should cultural resources be discovered, the Planning Division shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 4. Watershed Protection Zone Erosion Control Measures: (a) All driveways for this development shall be surfaced with at least two (2) inches of Class 2 aggregate base, unless required to be developed to a higher standard. (b) All roads created as a result of this development shall be surfaced with a minimum of two (2) inches of Class 2 aggregate base, to a minimum width of twenty (20) feet, unless required to be developed to a higher standard by other code requirements. This standard shall apply from a maintained County road, or existing road of a higher standard, through the parcel being divided. (c) All roads and driveways shall meet the minimum requirements as prescribed by Public Resources Code 4290 and 4291 and Butte County Fire Safe Regulations, or as prescribed by the Butte County Department of Public Works. (d) Erosion and sediment control plans, including provisions for wet weather conditions, shall be submitted with all Building permits, discretionary development projects, and grading plans, excluding structures that fall under the provisions of Section 26-3.1 of the Butte County Code. The erosion and sediment control plans shall include both temporary (first year) and permanent erosion control protection measures that prevent sediment and other pollutant discharges from reaching watershed drainages and streams. The erosion and sediment control plans shall comply with the recommendations of a qualified professional involved in the preparation of erosion control plans. Said plans shall be reviewed and approved by the Department of Development Services. (e) The erosion and sediment control plan shall include the time of year for construction activities. No soil disturbance shall occur after November 15 or before April 1 unless the Director of Development Services, or his or her authorized agent, determines project soil conditions to be adequate to 0 BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT 0 PAGE 10 0 0 • accommodate development activities. All such areas where land clearing has been completed between April 1 and November 15 shall be revegetated, hydro - seeded, mulch protected or otherwise stabilized no later than December 1. Should grading be permitted during the rainy season, the smallest practicable area of erodible land shall be exposed at any one time and the time of exposure shall be minimized. Temporary erosion control measures shall be in place on a daily basis. (f) No structures shall be placed within two hundred (200) feet of the high water mark of the Paradise or Magalia Reservoirs or within fifty (50) feet of the top of the bank of any perennial or ephemeral water course, as shown on the most recent edition of USGS 7.5 minute topographic maps, in the Firhaven Creek, Paradise Reservoir, and Magalia Reservoir watersheds. This provision shall not preclude development on a parcel that would otherwise become undevelopable due to this provision. (Mitigation Measure #5) Plan Requirements: The mitigation shall be placed on the Use Permit and shown on all building plans. Timing: This measure shall be implemented during site preparation and construction. Monitoring: The Planning Division shall ensure compliance with all erosion control measures. 5. The applicant or developer shall be required to submit a development impact fee for Sheriffs facilities shall be paid pursuant to the provisions of Chapter 3, Article II of the Butte County Code, prior to issuance of building permits. The fee amount would be determined and calculated as of the date of application for the building permit. (Mitigation Measure #8) Plan Requirements: The mitigation shall be placed on the Use Permit and shown on all building plans. Timing: The mitigation shall be required prior to the issuance of building permits. Monitoring: The Butte County Planning Division and Building Division shall ensure compliance. 6. A development impact fee for school facilities shall be paid prior to issuance of building permits. The fee amount would be determined and calculated as of the date of application for the building permits." The fee amount would be determined and calculated as of the date of application for the building permit. (Mitigation Measure #9) Plan Requirements: The mitigation shall be placed on the Use Permit and shown on all building plans. Timing: The mitigation shall be required prior to the issuance of building permits. 0 BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT 0 PAGE 11 ❑ Monitoring: The Butte County Planning Division and Building Division shall ensure compliance. 7. The residential developer shall be required to install a sound deadening wall or planted berm of required size at the time of construction of the residential units (per Butte County Code 24-150(e)(12)). The wall or berm shall be required along the property of adjacent commercially zoned parcels in the location -of the residential units. If the subject parcel is developed in the future with a commercial use, a wall or berm of required size shall separate the on-site commercial use from the on-site residential use. 8. Development fees for the proposed residential improvements shall be paid prior to the issuance of Building Permits. The fees shall be those in effect at time of application and shall include, but not be limited to, Park and Recreation District fees, Water and Sewer Service Fees, Permit and Plan Check Fees, and Fire Protection Fees. 9. The residential dwellings must meet all applicable setback requirements upon issuance of building permits. 10. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. 11. All outstanding application processing fees shall be paid prior to issuance of the Use Permit. Public Works 12. Prior to site development and building permit issuance, 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. (Mitigation Measure #7) Plan Requirements: The mitigation shall be placed on the Use Permit and shown on all building plans. Timing: The drainage plan shall be required prior to the issuance of building permits. Monitoring: The Department of Public Works shall be responsible for ensuring compliance with this mitigation. 13. 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. 0 BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT 0 PAGE 12 0 0 • 14. Prior to issuance of building permits, the applicant shall pay a pro -rata cost share for congestion reduction improvements at the northerly intersection of Lake Ridge Circle and the Skyway. Environmental Health Division 15. Butte County Environmental Health Division Requirements: (1) Prior to the issuance of a building permit, meet the sewage disposal requirements of the Watershed Protection Overlay Zone (Butte County Code Section 24-235). (2) Connect the proposed development to a public water supply. (3) Prior to issuance of a building permit, provide a "will serve" letter from Del Oro Water Co. stating that Del Oro Water Co. is willing and able to provide water to the living units proposed. (Mitigation Measure #4) Plan Requirements: The conditions shall be placed on the Use Permit and shall be shown on building plans. Timing: This measure shall be implemented prior to site development. Monitoring: The Environmental Health Division shall ensure compliance with requirements. 16. Prior to issuance of a building permit the applicant shall meet the sewage disposal requirements of Butte County for the installation of sewage disposal systems. California Department of Forestry/Butte County Fire 17. Butte County Fire/California Department of Forestry Requirements: (a) Construction, installation or development of structures or facilities within this development shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulation in effect at the time of application for improvement permits. (b) 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. (c) 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 shall be 500 feet, hydrant size shall be 6 inches, and residual fire flow shall be 1,750 gallons per minute. Submit plans to the Fire Department for review and approval prior to construction of facilities. One additional fire hydrant shall be required. (Mitigation Measure #6) 0 BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT 0 PAGE 13 0 Plan Requirements: The mitigation shall be placed on the Use Permit and shown on all building plans. Timing: This Mitigation shall be implemented at the time of site construction and prior to issuance of final building permits. Monitoring: The Butte County Fire/California Department of Forestry shall ensure compliance with the requirements of this mitigation. 18. Fire hydrant identification, reflector or post reflectors shall be installed acceptable to the County Fire Warden. County Counsel 19. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to defend, indemnify and hold the County of Butte harmless from liability or loss related to the approval .of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied Dated: Applicant NOTE: Issuance of this Use Permit does not waive requirements of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Butte County Planning Commission Chairman CC: Land Development Division Building Division Environmental Health Department Butte County Fire Department/CDF Assessor Town of Paradise 0 BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT 0 PAGE 14 0 �I�� .O `�,� V Co LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 August 27, 2003 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 September 25, 2003, at 9:00 a.m in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, at 9:00 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. Therefore, Planning Division staff is recommending a Mitigated Negative Declaration. MITIGATED NEGATIVE DECLARATION/USE PERMIT Harold Stimson, Use Permit to construct two single-family dwellings in the C -C (Community Commercial) zone. The property is located on the east side of Lakeridge Circle, approximately 970 feet northeast of Skyway, Magalia. APN 066-340-055 (MM) (UIP 03-02) The Initial Study and Proposed Mitigated Negative Declaration for this project are on file for public review starting, September 3, 2003, through September 24, 2003, at the Butte County Planning Division, 7 County Center Drive, Oroville, California. and the Paradise Library, 5922 Clark Road, Paradise. 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 Mark Michelena, project planner, at the Butte County Planning Division at (530) 538-7376. YVONNE CHRISTOPHER, DIRECTOR OF DEVELOPMENT SERVICES D To be published in the Paradise Post on Wednesday, September 3, 2003.•_.—_._. i CA11Dl;CE J. Giiii av Ir CO. CLEk,t i r California License #453735 0 September 6, 2003 5 Slater & Son GENERAL CONTRACTOR Butte County Planning Commission Butte County Planning Division 7 county Center Drive Oroville, CA RE: Harold Stimson Use Permit #03-02 AP NO. 066-340-055 Dear Commissioners: Is IZA-IL-1 would like to take this opportunity to express my support for the Use Permit above referenced. I own several parcels in the area and my family traces its roots back to the 1930's on the Ridge. I feel I have a very good sense for the history and present land use needs of the area. Nevada License #26751 BUTTE COUNTY SEP 0 5 2003 DEVELOPMENT SERVICES When originally developed the Paradise Pines subdivision envisioned far too much land for commercial uses. A substantial percentage of the area has now been built'out and look at the commercial uses in the area. It has not been built our because the backup population can not support the quantity of commercial planned. What there is a shortage of is multi -family residential. There is very little and what there is is full and. not always well suited to market demands. This is an excellent project well located in the community. Its location adjacent to the main shopping area and recreational facilities is great for the many retired people in the area. I urge the Planning Commission to consider allowing this use along the entire east side of Lakeridge Circle. My only negative comment is that the Commission should encourage higher density in this area. _ A more compact residential form would be very appropriate for this area adjacent to so many services. Thank you for your consideratio of my comments. Again I encourage your support for this use Permit. Resp tfLdW o Howard- Slater,' President Slater Land" - 3753 Morehead Ave. ■ Chico, CA 95928 ■ (530) 893-3333 1-800-363-1335 Fax: (530) 893-1774 co, L A N D O F NATU RAL WEALTH A N D BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530)538-7785 August 27, 2003 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 September 25, 2003, at 9:00 a.m. in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, at 9:00 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. Therefore, Planning Division staff is recommending a Mitigated Negative Declaration. MITIGATED NEGATIVE DECLARATION/USE PERMIT Harold Stimson, Use Permit to construct two single-family dwellings in the C -C (Community Commercial) zone. The property is located on the east side of Lakeridge Circle, approximately 970 feet northeast of Skyway, Magalia. APN 066-340-055 (MM) (UIP 03-02) The Initial Study and Proposed Mitigated Negative Declaration for this project are on file for public review starting, September 3, 2003, through September 24, 2003, at the Butte County Planning Division, 7 County Center Drive, Oroville, California. and the Paradise Library, 5922 Clark Road, Paradise. 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 Mark Michelena, project planner, at the Butte County Planning Division at (530) 538-7376. YVONNE CHRISTOPHER, DIRECTOR OF DEVELOPMENT SERVICES To be published in the Paradise Post on Wednesday, September 3, 2003. ERK '11TV411 Ll BUTTE COUNTY PLANNING COMMISSION REVISED 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 September 25, 2003, at 9:00 a.m. in the Oroville City Council Chambers, 1735 Montgomery Street, Oroville, California, at 9:00 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. Therefore, Planning Division staff is recommending a Mitigated Negative Declaration. MITIGATED NEGATIVE DECLARATION/USE PERMIT Harold Stimson, Use Permit to construct two single-family dwellings in the C -C (Community Commercial) zone. The property is located on the east side of Lakeridge Circle, approximately 970 feet northeast of Skyway, Magalia. APN 066-340-055 (MM) (UP 03-02) The Initial Study and Proposed Mitigated Negative Declaration for this project are on file for public review starting, September 3, 2003, through September 24, 2003, at the Butte County Planning Division, 7 County Center Drive, Oroville, California. and the Paradise Library, 5922 Clark Road, Paradise. 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 Mark Michelena, project planner, at the Butte County Planning Division at (530) 538-7376. YVONNE CHRISTOPHER, DIRECTOR OF DEVELOPMENT SERVICES To be published in the Paradise Post on Thursday, September 4, 2003. T i DEVELOPMENT SERVICES DEPARTMENT BUTTE COUNTY INITIAL STUDY AND PROPOSED MITIGATED NEGATIVE DECLARATION For Harold Stimson, UP 03-02 , Project Name: Stimson Use Permit, UP 03-02 • COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES INITIAL STUDY FOR Harold Stimson, UP 03-02 1.0 PROJECT INFORMATION A. Applicant/Owner: Harold Stimson B. Representative: C. Staff Contact: Mark Michelena, Associate Planner D. Proiect Name: Stimson Use Permit E. Project Location: This project is located on the east of Lakeridge Circle, approximately 970 -feet east and north of Skyway, Magalia. F. Type of Application: Conditional Use Permit G. Assessor's Parcel Number(s): 066-340-005 H. Project Site Size: 1.13 acres I. Current Zoning: CC/WP (Community Commercial -Watershed Protection Overlay) J. General Plan Designation: Commercial K. Environmental Setting: The property is currently undeveloped. Vegetation includes forest cover and associated understory species. Trees include Oaks, Firs, and Pines. The site is generally level with gradual slopes to the northeast. Magalia Reservoir lies approximately 1,000 ft. to the northeast. Elevation is approximately 2,400 ft. A drainage ditch and easement traverses the rear 25 feet of the property, which is proposed to accept storm water run-off from the development. Access to the property is provided by frontage on Lakeridge Circle, a County maintained road. L. Surrounding Land Uses: Surrounding properties are similarly undeveloped with similar forest cover and site conditions. Across Lakeridge Circle is a Holiday Market, a church and a charter school. The property lies adjacent to the Magalia Reservoir property, which is zoned for public uses. Parcel sizes in this area are typically from one-third acre to 3 acres. This area was subdivided in 1972 by the Skyway Plaza Subdivision map. This subdivision comprises a commercial portion of the Paradise Pines residential subdivision, although commercial development is not prevalent or built -out in this subdivision. M. Proiect Description: This is an application for a Use Permit to develop multi -dwellings consisting of two single family dwellings (rental units). The site is also proposed with a future office building, which is permitted use in the Community Commercial zone. Each single family dwelling (rental unit) would be approximately 2400 square feet. The single family dwellings will have attached carports. The development would include landscaping, driveways, walkways, and on-site sewage disposal systems, including two septic tanks for the single family dwellings and one for the proposed office building. Traffic circulation would be provided by two 20 ft. wide driveway connection to Lakeridge Circle. N. Public Agency Approvals: Butte County Public Works, Butte County Environmental Health, Butte County Department of Forestry V Butte County Department of Development Services v Planning Division v Page 1 v Project Name: Stimson Use Pernut, UP 03-02 is 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. D 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 u on the proposed project, nothing further is required. / gS ,6z �_ o Prepared ark 14icheiena, Associate Planner Date �'27 Revie ed by: Joseph W. Baker, Planning Manager 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. [ ] Aesthetics [ ] Agriculture Resources [ ✓ ] Air Quality [ ] Biological Resources [ ✓ ] Cultural Resources [ ✓ ] Geologic Processes [ ✓ ] Hazards and Hazardous Material [ ✓ ] Hydrology/Water Quality [ ✓ ] Land Use [ ] Mineral Resources [ ] Noise [ ] Housing [✓ ] Public Service [ ] Recreation [ ] Transportation/Traffic [ ] Utilities and Service Systems [✓ ] 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.) V Butte County Department of Development Services v Planning Division v Page 2 v Project Name: Stimson Use Permit, UP 03-02 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. 4.0 ENVIRONMENTAL IMPACTS: 4.1 AESTHETIC/VISUAL RESOURCES: Would the proposal: Potentially Less Than Significant Less Than Reviewed Under Significant with Significant Previous Impact Mitigation Impact No Document Incorporated Impact a. Have a substantial adverse effect on a scenic vista? ✓ V Butte County Department of Development Services v Planning Division v Page 3 v Project Name: Stimson Use Pe• UP 03-02 Would the proposal: Potentially Less Than Significant Less Than Reviewed Under Significant with Significant Previous Impact Mitigation Impact No Document Incorporated Impact b. Substantially damage scenic resources, including, but not ✓ limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c. Substantially degrade the existing visual character or ✓ quality of the site and its surroundings? d. Create a new source of substantial light or glare which ✓ ✓ would adversely affect day or nighttime views in the area? Impact Discussion: This project would not affect a scenic vista nor have a demonstrable negative aesthetic effect. The site is not located along a State or County designated scenic highway. The two residential units that could be built as a result of this project and the future office building may have night lighting for safety and security reasons. However, lighting would not cause a significant impact because of the limited number of dwellings that can be placed on the site, the relatively low density of development, and because the surrounding area is zoned for commercial development, which would not generally include uses that are sensitive to light and glare. Street lights are not required as a part of this project. However, if streetlights are installed Butte County Code Section 24-150(e) (9) requires that all lighting be directed to the interior of the development and confined so as to not direct light outside the development. This requirement would be a condition of the Use Permit. Butte County Code Section 24-150 (e) (11) requires that all outdoor trash storage and collection facilities be enclosed within a solid masonry wall or view -obstructing fence at least one (1) foot higher than the trash container. This requirement would be a condition of the Use Permit. Mitigation: None required 4.2 AGRICULTURE RESOURCES: Would the proposal: Potentially Less Than Significant Less Than Reviewed Under Significant with Significant Previous Impact Mitigation Impact No Document Incorporated Impact a. Convert Prime Farmland, Unique Farmland, or Farmland ✓ of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b. Conflict with existing zoning for agricultural use, or a ✓ Williamson Act Contract? c. Involve other changes in the existing environment which, ✓ due to their location or nature, could result in conversion of Farmland, to non-agricultural use? Impact Discussion: There is no Williamson Act contract affecting this property. The property does not contain agricultural soils. The Use Permit would not have any impact on agricultural resources. Mitigation: None required V Butte County Department of Development Services v Planning Division v Page 4 v 0 Project Name: Stimson Use Permit, UP 03-02 4.3 AIR QUALITY: Would the proposal: Potentially Less Than Significant Less Than Reviewed Under Significant with Significant Previous Impact Mitigation Impact No Document Incorporated Impact a. Conflict with or obstruct implementation of the applicable ✓ air quality plan? b. Violate any air quality standard or contribute substantially ✓ to an existing or projected air quality violation? c. Result in a cumulatively considerable net increase of any ✓ criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d. Expose sensitive receptors to substantial pollutant ✓ concentrations? e. Create objectionable odors affecting a substantial number ✓ of people? Impact Discussion: Both the California Air Resources Board and the Environmental Protection Agency have established air pollution standards in an effort to protect human health and welfare. Geographic areas are designated "attainment' if these standards are met and "nonattainment" if they are not met. In addition, each agency has several levels of classifications based on severity of the problem. Butte County and all northern Sacramento Valley Air Districts have been designated as "moderate" nonattainment areas for the state standards for ozone and fine particulate matter (PM,o). Currently, Butte County is in attainment for all the federal (less stringent) air quality standards. Development of the project site would result in a cumulative impact on air quality created by the increase in vehicle traffic, the potential use of wood burning devices in the new residences, and dust from vehicular traffic on unpaved driveways on the site. The additional vehicle traffic is not anticipated to be significant because only two new single family residential units (rental units) would be allowed. The proposed two residential units are well below the 97 -lot threshold established by the Butte County Air Quality Management District for additional air-quality analysis (1997 Air Quality Attainment Plan). The air quality impact of additional wood stoves is mitigated by Mitigation Measure #1 as set forth below. The project may create fugitive dust emission during site development activities, such as grading, excavation for foundations and utilities, tree removal, road construction, and other soil work. The Butte County Air Quality Management District (BCAQMD) recommends incorporating measures to control fugitive dust emission for all road and other construction activities during project development, using such methods as site and driveway watering and/or use of other acceptable soil palliatives. Mitigation Measure # 2, as set forth below, requires a condition to be placed on the Use Permit stating that dust control measures shall be taken during site development activities. Mitigation Measure #1 Place a condition on the Use Permit that states: "Wood stove and fireplace inserts installed in any home within this development shall be EPA approved and designed to meet emissions standards of the California Clean Air Act of 1988 as amended." Plan Requirements: All requirements shall be shown or noted on the Use Permit and building plans. Timing: Prior to issuance of building permits, compliance with above mitigation is required to authorize fireplace or wood stove inserts. Monitoring: The Building Division shall review EPA approval for applicable building permit applications and shall inspect improvements to ensure construction in compliance with approved permit(s). V Butte County Department of Development Services v Planning Division v Page 5 v Project Name: Stimson Use Permit, UP 03-02 Mitigation Measure #2 The Use Permit shall include the following condition: "Measures shall be taken to control fugitive dust emissions from all driveways and other civil construction associated with development. All disturbed areas, including driveways, shall be treated with water and/or other acceptable soil palliatives during and after construction to minimize the creation of dust and to protect air quality in the surrounding area. The treatment shall be maintained until ground surfaces are stabilized with vegetation or pavement. Plan Requirements: The conditions shall be placed on the Use Permit. All requirements shall be shown on building plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Planning Division and the Public Works Department shall ensure that the conditions are placed on the Use Permit. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. 4.4 BIOLOGICAL RESOURCES: Would the proposal: Potentially Less Than Significant Less Than Reviewed Under Significant with Significant Previous Impact Mitigation Impact No Document Incorporated Impact a. Have a substantial adverse effect, either directly or through ✓ habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat ✓ or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or 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, 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, or impede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances protecting ✓ biological resources such as a tree preservation policy ordinance? L Conflict with the provisions of an adopted Habitat ✓ Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservationplan? g A reduction in the numbers, a restriction in the range, or an ✓ impact to the critical habitat of any unique, rare, threatened, or endangered species of animals? V Butte County Department of Development Services v Planning Division v Page 6 v Project Name: Stimson Use Pet, UP 03-02 Would the proposal: Potentially Less Than Significant Less ThanUnder Reviewed Significant with Significant Previous Impact Mitigation Impact No Document Incorporated Impact h. A reduction in the diversity or numbers of animals onsite ✓ ✓ (including mammals, birds, reptiles, amphibians, fish or invertebrates)? ✓ i. A deterioration of existing fish or wildlife habitat (for ✓ foraging, breeding, roosting, nesting, etc.)? ✓ j. Introduction of barriers to movement of any resident or ✓ migratory fish or wildlife species? ✓ k. Introduction of any factors (light, fencing, noise, human ✓ presence and/or domestic animals) which could hinder the normal activities of wildlife? Impact Discussion: The property is zoned for commercial uses and is designated for commercial development by the Butte County General Plan. The proposed multi -dwellings housing is similar to commercial development already permitted under zoning and the General Plan. This would mean that little, if any, additional disturbance would occur at this site over and above what is already pertnitted under the County Zoning Ordinance and General Plan. There are no known wetlands or riparian areas on this property. Mapping provided by the California Department of Fish and Game shows no rare or endangered plant or animal life at the project site or vicinity. The project is not located within a deer range according to mapping provided by the Department of Fish and Game. Because the project would not have an impact to fish and/or wildlife habitat the Department of Fish and Game fees pursuant to Fish and Game Code Section 711.4 -and 14 CCR 753.5 are not required. 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: None required 4.5 CULTURAL RESOURCES: Would the proposal: Potentially Less Than Significant Less Than Reviewed Under Significant with Significant Previous Impact Mitigation Impact No Document Incorporated Impact a. Cause a substantial adverse change in the significance of a ✓ historical resource as defined in §15064.5? b. Cause a substantial adverse change in the significance of an ✓ archaeological resource pursuant to § 15064.5? c. Directly or indirectly destroy a unique paleontological ✓ resource or site or unique geologic feature? d. Disturb any human remains, including those interred ✓ outside of formal cemeteries? Impact Discussion: According to archaeological mapping maintained by Butte County, the property is not located within an archaeologically sensitive area. This mapping is general in nature and basis the probability of archeological significance on the physical characteristics and history of different areas of the County. Classification of this property as having a high sensitivity for archeological resources does not in itself indicate the presence of archaeological resources. The V Butte County Department of Development Services v Planning Division v Page 7 v Project Name: Stimson Use Pet, UP 03-02 0 proposed development permitted under this Use Permit could have an impact on undiscovered archaeological resources. There is always the potential for undiscovered archaeological resources to be uncovered during excavation activities. For this reason a mitigation measure is set forth below that would require that all construction activities cease in such an instance. Ground disturbance would not resume until clearance is provided by a qualified archaeologist. Mitigation Measure # 3: Should grading activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the fmd shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains. Plan Requirements: The condition shall be placed on the Use Permit. All requirements shall be shown on building plans. Timing: This measure sha�il be implemented during site preparation and construction. Monitoring: Should cultural resources be discovered, the Planning Division shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 4.6 GEOLOGIC PROCESSES: Would the proposal: Potentially Less Than Significant Less Than Reviewed Under Significant with Significant Previous Impact Mitigation Impact No Document Incorporated Impact 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 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. F 2. Strong seismic ground shaking? 3. Seismic -related ground failure, including liquefaction? 4. Landslides? b. Result in substantial soil erosion or the loss of topsoil? ✓ c. Be located on a geologic unit or soil that is unstable, or that ✓ would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? V Butte County Department of Development Services v Planning Division v Page 8 v Project Name: Stimson Use Permit, UP 03-02 • Would the proposal: Potentially Less Than Significant Less Than Reviewed Under Significant with Significant Previous Impact Mitigation Impact No Document Incorporated Impact d. Be located on expansive soil, as defried in Table 18-1-B of ✓ the Uniform Building Code (1994), creating substantial risks to life or property? e. Have Soils incapable of adequately supporting the use of ✓ septic tanks or alternative waste water disposal system where sewers are not available for the disposal or waste water? Impact Discussion: a.1. The Seismic Safety Element indicates that all of Butte County is in Moderate Earthquake Intensity Zone VIII. The closest mapped Fault -Rupture Zone is the Cleveland Hills Fault line which is located approximately 35 -miles to the southeast. No impacts are anticipated as a result of fault rupture and no seismic related requirements are necessary. a.2. The intensity of ground shaking at any specific site depends on the characteristics of the earthquake, the distance from the earthquake, and on the local geologic soils and conditions. At present, there is insufficient data to predict accurately the expected ground motions at various locations in Butte County. However, strong seismic ground shaking is closely related to the proximity of active fault lines. Although there is insufficient data to predict these forces, the closest mapped Fault -Rupture Zone is the Cleveland Hills fault line, which is located approximately 35 miles to the southeast. The Cleveland Hills fault line is the only fault line 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". The Butte County Master Environmental Assessment indicates that 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. 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. a.3. The Butte County Seismic Safety Element's Liquefaction Potential Map indicates that the site has a low potential for liquefaction. No impact is anticipated. a.4. The Subsidence and Landslide Potential Map of the Safety Element of the Butte County General Plan indicates that there is low to moderate potential for landslides in this area. The grading and improvement of the multiple -dwelling housing development would take place in areas of generally level land. b. The Erosion Potential Map of the Safety Element of the Butte County General Plan indicates that erosion potential of this site is slight. Although erosion is not considered to be an environmental impact at this site, the applicable Watershed Protection Overlay Zone (WP Zone; Butte County Code Section 24-235) requires that: 1) an erosion and sediment control plan be submitted with all development projects. This plan would include both temporary (first year) and permanent erosion control protection measures that prevent sediment and other pollutant discharges from reaching watershed drainages and streams; 2) no soil disturbance occur after November 15 or before April 1 unless it is determined that soil conditions are adequate to accommodate development activities without risk of erosion; 3) All driveways and roads constructed as a result of the project be surfaced with a minimum of two (2) inches of Class 2 aggregate base rock; and 4) other measures to ensure compliance with the WP zone. These requirements have been set forth as a mitigation measure for this project. V Butte County Department of Development Services v Planning Division v Page 9 v Project Name: Stimson Use Pet, UP 03-02 0 No impact is anticipated from instability, landslide, lateral spreading, subsidence, liquefaction or collapse. d. The Conservation Element's Expansive Soils Map indicates that the project site has a moderate expansive soil designation. The Building Division may require that the foundations of future dwellings and office building on the site be designed and constructed to handle the shrink/swell characteristics of expansive soils. Standard grading and foundation design would reduce any potential impacts. No impact is anticipated The project was reviewed by the Butte County Environmental Health Division. The Environmental Health Division reports that the applicant has completed necessary soil tests needed to determine compliance with the on-site sewage disposal regulations contained under Butte County Code Section 19-21. The Environmental Health Division also requests that the proposed development receive a public water supply and that the development meet the sewage disposal requirements of the Watershed Protection Zone prior to the issuance of Building permits. These requirements would be reflected as conditions of the Use Permit and are set forth below as Mitigation Measures for this project. Mitigation Measure #4 Butte County Environmental Health Division Requirements: (1) Prior to the issuance of a building permit, meet the sewage disposal requirements of the Watershed Protection Overlay Zone (Butte County Code Section 24-235). (2) Connect the proposed development to a public water supply. (3) Prior to issuance of a building permit, provide a "will serve" letter from Del Oro Water Co. stating that that Del Oro Water Co. is willing and able to provide water to the living units proposed. Plan Requirements: The conditions shall be placed on the Use Permit and shall be shown on building plans. Timing: This measure shall be implemented prior to site development. Monitoring: The Environmental Health Division shall ensure compliance with requirements Mitigation Measure #5 Watershed Protection Zone Erosion Control Measures: (1) All driveways for this development shall be surfaced with at least two (2) inches of Class 2 aggregate base, unless required to be developed to a higher standard. (2) All roads created as a result of this development shall be surfaced with a minimum of two (2) inches of Class 2 aggregate base, to a minimum width of twenty (20) feet, unless required to be developed to a higher standard by other code requirements. This standard shall apply from a maintained County road, or existing road of a higher standard, through the parcel being divided. (3) All roads and driveways shall meet the minimum requirements as prescribed by Public Resources Code 4290 and 4291 and Butte County Fire Safe Regulations, or as prescribed by the Butte County Department of Public Works. (4) Erosion and sediment control plans, including provisions for wet weather conditions, shall be submitted with all Building permits, discretionary development projects, and grading plans, excluding structures that fall under the provisions of Section 26-3.1 of the Butte County Code. The erosion and sediment control plans shall include both temporary (first year) and permanent erosion control protection measures that prevent sediment and other pollutant discharges from reaching watershed drainages and streams. The erosion and sediment control plans shall comply with the recommendations of a qualified professional involved in the preparation of erosion control plans. Said plans shall be reviewed and approved by the Department of Development Services. v Butte County Department of Development Services v Planning Division v Page 10 v Project Name: Stimson Use Permit, UP 03-02 (5) The erosion and sediment control plan shall include the time of year for construction activities. No soil disturbance. shall occur after November 15 or before April 1 unless the Director of Development Services, or his or her authorized agent, determines project soil conditions to be adequate to accommodate development activities. All such areas where land clearing has been completed between April 1 and November 15 shall be revegetated, hydro -seeded, mulch protected or otherwise stabilized no later than December 1. Should grading be permitted during the rainy season, the smallest practicable area of erodible land shall be exposed at any one time and the time of exposure shall be minimized. Temporary erosion control measures shall be in place on a daily basis. (6) No structures shall be placed within two hundred (200) feet of the high water mark of the Paradise or Magalia Reservoirs or within fifty (50) feet of the top of the bank of any perennial or ephemeral water course, as shown on the most recent edition of USGS 7.5 minute topographic maps, in the Firhaven Creek, Paradise Reservoir, and Magalia Reservoir watersheds. This provision shall not preclude development on a parcel that would otherwise become undevelopable due to this provision. Plan Requirements: The mitigation shall be placed on the Use Permit and shown on all building plans. Timing: This measure shall be implemented during site preparation and construction. Monitoring: The Planning Division shall ensure compliance with all erosion control measures. 4.7 HAZARDS AND HAZARDOUS MATERIALS Would the proposal: Potentially Less Than Significant Less Than Reviewed Under Significant with Significant Previous Impact Mitigation Impact No Document Incorporated Impact a. Create a significant hazard to the public or the ✓ environmental through the routine transport use, or disposal 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 the environment? c. Emit hazardous emissions or handle hazardous or acutely ✓ hazardous materials, substances, or waste within one- quarter mile of an existing or proposed schools? d. Be located on a site which is included on a list of hazardous ✓ materials sites complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e. For a project located within an airport land use plan or, ✓ where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f. For a project within the vicinity of a private airstrip, would ✓ the project result in a safety hazard for people residing or working in the project area? g Impair implementation of or physically interfere with an ✓ adopted emergency response plan or emergency evacuation plan? V Butte County Department of Development Services v Planning Division v Page 11 v Project Name: Stimson Use Pert, UP 03-02 • Would the proposal: Potentially Less Than Significant Less Than Reviewed Under Would the proposal: Significant with Significant Previous Impact Mitigation Impact No Document Impact Incorporated Impact Impact Document h. Expose people or structures to a significant risk or loss, ✓ Impact injury or death involving wildland fires, including where ✓ wildlands are adjacent to urbanized areas or where residences are intermixed with willdlands? Impact Discussion: a. - g. The project does not propose to store, transport or utilize any hazardous materials. The project would neither interfere with any airport or emergency response plan or is located on a site that is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. h. The site is located in an area identified as having a high Wildfire Hazard pursuant to the Natural Fire Hazard Fire Classes Map of the Safety Element of the Butte County General Plan. The Butte County Fire Department/California Department of Forestry (CDF) is recommending compliance with the latest California Fire Safe Regulations (Public Resources Code Section 4290). A pressurized community water system for fire protection is also required by CDF. These requirements and other recommendations taken from the Fire Safe Regulations are set forth in the mitigation measure shown below. Mitigation Measure #6 Butte County Fire/California Department of Forestry Requirements: (a) Construction, installation or development of structures or facilities within this development shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulation in effect at the time of application for improvement permits. (b) 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. (c) 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 shall be 500 feet, hydrant size shall be 6 inches, and residual fire flow shall be 1,750 gallons per minute. Submit plans to the Fire Department for review and approval prior to construction of facilities. One additional fire hydrant shall be required. Plan Requirements: The mitigation shall be placed on the Use Permit and shown on all building plans. Timing: This Mitigation shall be implemented at the time of site construction and prior to issuance of final building permits. Monitoring: The Butte County Fire/California Department of Forestry shall ensure compliance with the requirements of this mitigation. 4.8 HYDROLOGY AND WATER QUALITY: V Butte County Department of Development Services v Planning Division v Page 12 v Less Than Reviewed Would the proposal: Potentially Significant Less Than Under Significant with Significant Previous Impact Mitigation Impact No Document Incorporated Impact a. Violate any water quality standards or waste discharge ✓ requirements? V Butte County Department of Development Services v Planning Division v Page 12 v Project Name: Stimson Use Permit, UP 03-02 • Impact Discussion: a. The project does not involve water discharges and would not violate any water quality standards or warrant any waste discharge requirements. b. The project does not propose to use groundwater and would be supplied with a domestic water source by a local water service provider. C.- f. The applicant proposes to utilize an existing drainage ditch to accept storm water run-off from the project site. This plan has been reviewed by the Department of Public Works. Public Works staff indicate that the concept of utilizing the drainage ditch is acceptable, but that further engineering information will be necessary prior to site development. The Department of Public Works requires that, prior to issuance of building permits, a drainage plan be submitted to be approved by the Department of Public Works. The drainage plan shall specify how drainage waters shall be detained on site 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. Public Works requirements have been set forth as a mitigation measure below. In addition, Mitigation Measure #5 as detailed under Initial Study Checklist Item 4.6 above is recommended to ensure that substantial erosion or off-site sediment transport does not occur. V Butte County Department of Development Services v Planning Division v Page 13 v Less Than Reviewed Would the proposal: Potentially Significant Less Than Under Significant with Significant Previous Impact Mitigation Impact No Document Incorporated Impact 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 preexisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c. Substantially alter the existing drainage pattern of the site or ✓ area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d. Substantially alter the existing drainage pattern of the site or ✓ area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e. Create or contribute runoff water which would exceed the ✓ capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? f. Otherwise substantially degrade water quality? ✓ g Place housing within a 100 -year flood hazard area as ✓ . mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h. Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? i. Expose people or structures to a significant risk or loss, ✓ injury, or death involving flooding, including flooding as a result of the failure of a levee or dam? j. Inundation by seiche, tsunami, or mudflow? Impact Discussion: a. The project does not involve water discharges and would not violate any water quality standards or warrant any waste discharge requirements. b. The project does not propose to use groundwater and would be supplied with a domestic water source by a local water service provider. C.- f. The applicant proposes to utilize an existing drainage ditch to accept storm water run-off from the project site. This plan has been reviewed by the Department of Public Works. Public Works staff indicate that the concept of utilizing the drainage ditch is acceptable, but that further engineering information will be necessary prior to site development. The Department of Public Works requires that, prior to issuance of building permits, a drainage plan be submitted to be approved by the Department of Public Works. The drainage plan shall specify how drainage waters shall be detained on site 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. Public Works requirements have been set forth as a mitigation measure below. In addition, Mitigation Measure #5 as detailed under Initial Study Checklist Item 4.6 above is recommended to ensure that substantial erosion or off-site sediment transport does not occur. V Butte County Department of Development Services v Planning Division v Page 13 v 0 Project Name: Stimson Use Permit, UP 03-02 • g. -h. The project is not located within a floodplain (Flood Insurance Rate Map panel # 06007C0400 C, dated June 8, 1998) or dam inundation area. No impact shall be incurred. The property is not located in an area prone to seiche, tsunami, or mudflow. No impact is anticipated with respect to these natural hazards. Mitigation Measure #7 Prior to site development and building permit issuance, 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. Plan Requirements: The mitigation shall be placed on the Use Permit and shown on all building plans. Timing: The drainage plan shall be required prior to the issuance of building permits. Monitoring: The Department of Public Works shall be responsible for ensuring compliance with this mitigation. 4.9 LAND USE: Would the proposal: Potentially Less Than Significant Less Than Reviewed Under Significant with Significant Previous Impact Mitigation Impact No Document Incorporated Impact a. Physically divide an established community? ✓ 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, 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? Impact Discussion: a. The proposed multiple -dwelling development is conditionally permitted within the applicable C -C (Community Commercial) Zone. This property and the adjacent properties have not been developed and therefore would not divide any established community. Properties across Lakeridge Circle have been developed with a market, church and charter school. The nearby Paradise Pines residential development is considered an established community but this property is adjacent to this area and would have no influence on the land use patterns in this area. b. As indicated under Initial Study Checklist Item 4.6 above, this property is located within the Watershed Protection Overlay Zone. This zone was established to protect the County's surface and ground water resources in the vicinity of the Paradise and Magalia reservoirs. This development would be consistent with the Watershed Protection Overlay Zone provided the development requirements of the zone are upheld. Mitigation Measures #4 and #5 under Checklist Item 4.6 above details these requirements. The Town of Paradise comments that the project is in the Watershed Protection Overlay zone and requested that the project be conditioned to reflect the requirements of this zone. These requirements are set forth in Mitigation Measures #4 and #5 as noted above. V Butte County Department of Development Services v Planning Division v Page 14 v Project Name: Stimson Use Pernut, UP 03-02 • The property is not within a habitat conservation plan or natural community conservation plan. No impact would be incurred. Mitigation: None required 4.10 MINERAL RESOURCES: Would the proposal: Potentially Less Than Significant Less Than Reviewed Under Significant with Significant Previous Impact Mitigation Impact No Document Incorporated Impact a. Result in the loss of availability of a known mineral ✓ ✓ resource that would be of value to the region and the residents of the state? b. Result in the loss of availability of a locally -important ✓ ✓ mineral resource recovery site delineated on a local general plan, specific plan, or other land useplan? ✓ Impact Discussion: The property is not considered a viable mineral resource, nor is it considered a locally -important mineral resource by local plans. No impact is anticipated. Mitigation: None required 4.11 NOISE: Would the proposal: Potentially Less Than Significant Less Than Reviewed Under Significant with Significant Previous Impact Mitigation Impact No Document Incorporated Impact a. Exposure of persons to or generation of noise levels in ✓ excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b. Exposure of persons to or generation of excessive ground ✓ borne vibration or ground borne noise levels? c. A substantial permanent increase in ambient noise levels in ✓ the project vicinity above levels existing without the project? d. A substantial temporary or periodic increase in ambient ✓ noise levels in the project vicinity above levels existing 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 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 the project area to excessive noise levels? V Butte County Department of Development Services v Planning Division v Page 15 v Project Name: Stimson Use Permit, UP 03-02 40 Impact Discussion: a. - d. The project site is located in an area of commercial uses and vacant land and is away from customary sources of significant noise. Ambient noise on and around the project area is affected primarily by vehicle traffic on Lakeridge Circle. This road is not a significant source of noise impact. Construction activities on the site would temporarily generate high noise levels on and adjacent to the project site intermittently during project development activities. This construction noise, especially grading equipment, would not have a significant impact on nearby land because the noise would be intermittent and short-term in nature. Because of the relatively small increment of traffic added to the local roadways, the project would not significantly affect future traffic noise levels. The majority of the uses allowed in the CC zone will not be detrimental or obnoxious to the neighborhood in which they are to be located. Other uses in the C -C zone could generate noise levels that may not be appropriate for a residential use such as the one proposed. These uses would include service stations, auto lubrication facilities, and carwash facilities. These uses, however, have also been determined to not be detrimental or obnoxious to surrounding uses in the CC zone. The low density of development and separation from adjacent properties will also help to attenuate any noise impact. It should be noted that Butte County Code Section 24-150 (12) requires the construction of Zone Walls when a commercial use adjoins a residential use. If any commercial use is developed adjacent to this residential development a sound -deadening wall would be required to be constructed 6 to 8 feet in height along any exterior boundary line. The proposal would not expose people to severe noise levels because no significant noise generators are near the project site. e. - f. The project is not located in the vicinity of an airstrip or within an airport land use plan. No impact shall be incurred. Mitigation: None required 4.12 HOUSING: Would the proposal: Potentially Less Than Significant Less Than Reviewed Under Significant with Significant Previous Impact Mitigation Impact No Document Incorporated Impact a. Induce substantial population growth in an area, either ✓ directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure? b. Displace substantial numbers of existing housing, ✓ necessitating the construction of replacement housing elsewhere? c. Displace substantial numbers of people, necessitating the ✓ construction of replacement housing elsewhere? Impact Discussion: Butte County population has grown at a rate at or below official population projections for the past 10 years. Projected population for 2000 was 207,159, while the actual census population was 203,171. The growth rate for Butte County between the 1990 and 2000 was 11.6%, or 1.16% per year. The proposed Use Permit would create two residential dwellings. This project has the potential to add an estimated 5 people to Butte County (nine units x 2.414 persons/unit — assuming all occupants are new residents to Butte County). This is not considered a significant V Butte County Department of Development Services v Planning Division v Page 16 v • • Project Name: Stimson Use Permit, UP 03-02 amount and is consistent with the estimated 2% annual growth rate for the County. The project would not significantly affect the population of the area because the proposed density is consistent with the surrounding area. The project would not displace individuals or housing. No impact would occur. Mitigation: None required 4.13 PUBLIC SERVICES: Would the proposal: Potentially Less Than Significant Less Than Reviewed Under Significant with Significant Previous Impact Mitigation Impact No Document Incorporated Impact a. Would the project result in substantial adverse physical ✓ impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services? b. Fire protection? ✓ c. Police Protection? ./ d. Schools? ✓ e. Parks? ✓ f. Other public services? j✓ Impact Discussion: a. Since the project is only creating only two additional residential dwellings no impact is anticipated in relation to these public service concerns. b. The Butte County Fire Department/California Department of Forestry (CDF) indicates that cumulative development in rural areas will impact their ability to provide fire protection services. Additional discussion on the requirements of CDF is provided under Initial Study Checklist Item 4.7. Mitigation Measure #6 as set forth under Checklist Item 4.7 would ensure that fire protection services are not significantly impacted by the this proposed development. C. The proposal would cause an incremental increase in demand for police protection services. The cumulative impacts of increased development in rural areas impacts the ability of the Sheriffs Department to adequately provide police services to outlying areas. As a condition of project approval, the applicant would be required to submit a development impact fee for Sheriffs facilities shall be paid pursuant to the provisions of Chapter 3, Article II of the Butte County Code, prior to issuance of building permits. The fee amount would be determined and calculated as of the date of application for the building permit. d. The proposal would result in an incremental demand for school facilities in the area. A condition of the Use Permit would include the following notation: "A development impact fee for school facilities shall be paid prior to issuance of building permits. The fee amount would be determined and calculated as of the date of application for the building permits." While the school district maintains that these fees do not fully mitigate the impacts of the project, the County is precluded from imposing additional fees by the State Legislature. V Butte County Department of Development Services v Planning Division v Page 17 v • Project Name: Stimson Use Permit, UP 03-02 e. The project's contribution of two additional residential units is not considered significant enough to cause impacts to area parks and facilities. f. No impact is anticipated to any other public services. Mitigation Measure #8 The following notation shall be placed upon the Use Permit: "The applicant or developer shall be required to submit a development impact fee for Sheriffs facilities shall be paid pursuant to the provisions of Chapter 3, Article II of the Butte County Code, prior to issuance of building permits. The fee amount would be determined and calculated as of the date of application for the building permit." Plan Requirements: The mitigation shall be placed on the Use Permit and shown on all building plans. Timing: The mitigation shall be required prior to the issuance of building permits. Monitoring: The Butte County Planning Division and Building Division shall ensure compliance. Mitigation Measure #9 The following notation shall be placed upon the Use Permit: "A development impact fee for school facilities shall be paid prior to issuance of building permits. The fee amount would be determined and calculated as of the date of application for the building permits." The fee amount would be determined and calculated as of the date of application for the building permit." Plan Requirements: The mitigation shall be placed on the Use Permit and shown on all building plans. Timing: The mitigation shall be required prior to the issuance of building pen -nits. Monitoring: The Butte County Planning Division and Building Division shall ensure compliance. 4.14 RECREATION: Would the proposal: Potentially Less Than Significant Less Than Reviewed Under Significant with Significant Previous Impact Mitigation Impact No Document Incorporated Impact 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 accelerated? b. Include recreational facilities or require the construction or ✓ expansion of recreational facilities which might have an adverse physical effect on the environment? Impact Discussion: The project's contribution of two additional residential dwellings is not considered significant enough to cause impacts to area parks and facilities. The proposal does not include the development of any new recreation facilities. No impact shall be incurred. Mitigation: None required V Butte County Department of Development Services v Planning Division v Page 18 v Project Name: Stimson Use Permit, UP 03-02 • 4.15 TRANSPORTATION/TRAFFIC: Would the proposal: Potentially Less Than Significant Less Than Reviewed Under Significant with Significant Previous Impact Mitigation Impact No Document Incorporated Impact a. Cause an increase in traffic which is substantial in relation ✓ to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b. Exceed, either individually or cumulatively, a level of ✓ service standard established by the county congestion management agency for designated roads or highways? c. Result in a change in air traffic patters, including either an ./ increase in traffic levels or a change in location that results in substantial safety risks? d. Substantially increase hazards due to a design feature (e.g., ✓ sharp curves or dangerous intersections) or incompatible uses e.g., farm equipment)? e. Result in inadequate emergency access? ✓ f. Result in inadequate parking capacity? ✓ g Conflict with accepted policies, plans or programs ✓ supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Impact Discussion: The proposed Use Permit would allow for construction of two residential dwellings. The residential development has the potential to generate approximately 19 additional traffic trips per -day based upon the 9.55 vehicle trips/day per dwelling unit as projected by the Trip Generation Manual of the Institute of Traffic Engineers for single family dwellings. The Butte County Association of Governments (BCAG) 1996 Metropolitan Transportation Plan estimated that 15,300 daily trips would occur on the section of the Skyway in proximity to this project, providing for a Level of Service (LOS) of "E". An LOS of "E" indicates an unrestricted flow of traffic. A level of service of "E" represents severe congestion and delay that is unacceptable to most motorists. The Department of Public Works, however, measured 1,112 daily trips on Lakeridge Circle in 2001 and 11,080 daily trips on the Skyway, south of Lakeridge Circle. Based upon the traffic count and physical inspection of the area, no delays to traffic would be expected on Lakeridge Circle with project approval. The actual counts for the Skyway show that approximately 4,200 fewer vehicles are using the Skyway than what was anticipated in 1996 by BCAG. Nonetheless, levels of service on the Skyway at this location are expected to include major delays. This is due to the proximity of the Paradise Pines Subdivision, the relatively small two lane configuration of the Skyway, and the amount of traffic headed south towards the Town of Paradise. The additional 19 traffic trips for the residential uses and up to 108 for the business use proposed by this development, however, are not anticipated to significantly alter the existing level of service. The Town of Paradise is concerned with the cumulative traffic impacts that this type and similar types of land use development are generating. They are recommending adequate growth control management policies and mechanisms for improving traffic circulation in the area. The increase in vehicle traffic generated by the project would be minor and would not cause any significant impacts to vehicle circulation in the area. V Butte County Department of Development Services v Planning Division v Page 19 v 0 • Project Name: Stimson Use Permit, UP 03-02 Butte County Code Section 24-240 (b) requires two off-street spaces per dwelling. The proposed development has adequate room to provide two spaces each, along with required guest parking of two additional spaces; therefore, the project results in no impact resulting from insufficient parking capacity. The Butte County Public Works Department requires that prior to the issuance of Building Permits and encroachment permit be obtained for all new or existing driveway approaches on Lakeridge Circle, and construct them to County Standards. This requirement would be a condition of the Use Permit. This Use Permit would not conflict with accepted policies, plans or programs supporting alternative transportation. Mitigation: None required 4.16 UTILITIES AND SERVICE SYSTEMS: Would the proposal: Potentially Less Than Significant Less Than Reviewed Under Significant with Significant Previous Impact Mitigation Impact No Document Incorporated Impact a. Exceed wastewater treatment requirements of the ✓ applicable Regional Water Quality Control Board? b. Require or result in the construction of new water or ✓ wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c. Require or result in the construction of new storm water ✓ drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d. Have sufficient water supplies available to serve the ✓ project from existing entitlements and resources, or are new or expanded entitlements needed? e, Result in a determination by the wastewater treatment ✓ provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to theprovider's existing commitments? f. Be served by a landfill with sufficient permitted capacity ✓ to accommodate theproject's solid waste disposal needs? g. Comply with federal, state, and local statutes, and ✓ regulations related to solid waste? Impact Discussion: The proposed project would include individual septic systems for sewer service but would be provided with water service from the Del Oro Water Company. Thus, the project would not have a significant impact on any wastewater or water treatment facilities. Some off-site storm water drainage improvements may be required due to development of the project site. No significant environmental impacts are anticipated because any improvements do not appear to be extensive. The Butte County Public Works Department would determine the need for on and off-site storm water facilities and would ensure the necessary improvements are installed. The project would increase the stream of waste being deposited in the Neal Road Landfill by a minor amount. According to the Butte County Public Works Department, the Neal Road Landfill is expected to reach maximum holding capacity by the year 2018. The project is required to comply with the mitigation measures specified below, V Butte County Department of Development Services v Planning Division v Page 20 v • • Project Name: Stimson Use Permit, UP 03-02 which would reduce the impacts on solid waste facilities in the region and provide for the long term maintenance of other facilities. No impact would occur with respect to federal, state, and local statutes and regulations related to solid waste with the incorporation of mitigation measures specified below. Mitigation: None required 4.17 MANDATORY FINDINGS OF SIGNIFICANCE (Section 15065): Would the proposal: Potentially Less Than Significant Less Than Reviewed Under Significant with Significant Previous Impact Mitigation Impact No Document Incorporated Impact 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 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 the effects of past projects, the effects of other current projects and the effects of probable future projects)? c. Does the project have environmental effects which will ✓ cause substantial adverse effects on human beings, either directly or indirectly? Impact Discussion: The project does not have' the potential to substantially degrade the quality of the environment beyond the impacts discussed in the previous sections of this Initial Study. The project has the potential to contribute impacts that are individually limited, but cumulatively considerable with respect to Initial Study Checklist Items 4.3 - Air Quality, 4.5 — Cultural Resources, 4.6 — Geologic Processes, 4.7 — Hazards/Hazardous Material, 4.8 — Hydrology/Water Quality, and 4.13 - Public Services. Cumulative impacts to these areas would be mitigated due to the inclusion of mitigation measures specified throughout this document and summarized in the next section. V Butte County Department of Development Services v Planning Division v Page 21 v 0 • Project Name: Stimson Use Permit, UP 03-02 5.0 MITIGATION MEASURES AND MONITORING REQUIREMENTS: Mitigation Measure #1 Place a condition on the Use Permit that states: "Wood stove and fireplace inserts installed in any home within this development shall be EPA approved and designed to meet emissions standards of the California Clean Air Act of 1988 as amended." Plan Requirements: All requirements shall be shown or noted on the Use Permit and building plans. Timing: Prior to issuance of building permits, compliance with above mitigation is required to authorize fireplace or wood stove inserts. Monitoring: The Building Division shall review EPA approval for applicable building permit applications and shall inspect improvements to ensure construction in compliance with approved permit(s). Mitigation Measure #2 A. The Use Permit shall include the following condition: "Measures shall be taken to control fugitive dust emissions from all road, driveway and other civil construction associated with Use Permit development. Measures may include site and road watering and/or use of other acceptable soil palliatives." B. The Use Permit shall include the following condition: "Measures shall be taken to control fugitive dust emissions from all driveway and other civil construction associated with development. All disturbed areas, including driveways and roadways, shall be treated with water and/or other acceptable soil palliatives during and after construction to minimize the creation of dust and to protect air quality in the surrounding area. The treatment shall be maintained until ground surfaces are stabilized with vegetation or pavement. Plan Requirements: The conditions shall be placed on the Use Permit. All requirements shall be shown on building plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Planning Division and the Public Works Department shall ensure that the conditions are placed on the Use Permit. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. Mitigation Measure # 3: Should grading activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the fmd shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains. Plan Requirements: The condition shall be placed on the Use Permit. All requirements shall be shown on building plans. Timing: This measure shall be implemented during site preparation and construction V Butte County Department of Development Services v Planning Division v Page 22 v 0 0 Project Name: Stimson Use Permit, UP 03-02 Monitoring: Should cultural resources be discovered, the Planning Division shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. Mitigation Measure #4 Butte County Environmental Health Division Requirements: (1) Prior to the issuance of a building permit, meet the sewage disposal requirements of the Watershed Protection Overlay Zone (Butte County Code Section 24-235). (2) Connect the proposed development to a public water supply. (3) Prior to issuance of a building permit, provide a "will serve" letter from Del Oro Water Co. stating that that Del Oro Water Co. is willing and able to provide water to the living units proposed. Plan Requirements: The conditions shall be placed on the Use Permit and shall be shown on building plans. Timing: This measure shall be implemented prior to site development. Monitoring: The Environmental Health Division shall ensure compliance with requirements. Mitigation Measure #5 Watershed Protection Zone Erosion Control Measures: (1) All driveways for this development shall be surfaced with at least two (2) inches of Class 2 aggregate base, unless required to be developed to a higher standard. (2) All roads created as a result of this development shall be surfaced with a minimum of two (2) inches of Class 2 aggregate base, to a minimum width of twenty (20) feet, unless required to be developed to a higher standard by other code requirements. This standard shall apply from a maintained County road, or existing road of a higher standard, through the parcel being divided. (3) All roads and driveways shall meet the minimum requirements as prescribed by Public Resources Code 4290 and 4291 and Butte County Fire Safe Regulations, or as prescribed by the Butte County Department of Public Works. (4) Erosion and sediment control plans, including provisions for wet weather conditions, shall be submitted with all Building permits, discretionary development projects, and grading plans, excluding structures that fall under the provisions of Section 26-3.1 of the Butte County Code. The erosion and sediment control plans shall include both temporary (first year) and permanent erosion control protection measures that prevent sediment and other pollutant discharges from reaching watershed drainages and streams. The erosion and sediment control plans shall comply with the recommendations of a qualified professional involved in the preparation of erosion control plans. Said plans shall be reviewed and approved by the Department of Development Services. (5) The erosion and sediment control plan shall include the time of year for construction activities. No soil disturbance shall occur after November 15 or before April 1 unless the Director of Development Services, or his or her authorized agent, determines project soil conditions to be adequate to accommodate development activities. All such areas where land clearing has been completed between April 1 and November 15 shall be revegetated, hydro -seeded, mulch protected or otherwise stabilized no later than December 1. Should grading be permitted during the rainy season, the smallest practicable area of erodible land shall be exposed at any one time and the time of exposure shall be minimized. Temporary erosion control measures shall be in place on a daily basis. (6) No structures shall be placed within two hundred (200) feet of the high water mark of the Paradise or Magalia Reservoirs or within fifty (50) feet of the top of the bank of any perennial or ephemeral water course, as shown on the most recent edition of USGS 7.5 minute topographic maps, in the Firhaven Creek, V Butte County Department of Development Services v Planning Division v Page 23 v Project Name: Stimson Use Pett, UP 03-02 0 Paradise Reservoir, and Magalia Reservoir watersheds. This provision shall not preclude development on a parcel that would otherwise become undevelopable due to this provision. Plan Requirements: The mitigation shall be placed on the Use Permit and shown on all building plans. Timing: This measure shall be implemented during site preparation and construction. Monitoring: The Planning Division shall ensure compliance with all erosion control measures. Mitigation Measure #6 Butte County Fire/California Department of Forestry Requirements: (a) Construction, installation or development of structures or facilities within this development shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulation in effect at the time of application for improvement permits. (b) 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. (c) 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 shall be 500 feet, hydrant size shall be 6 inches, and residual fire flow shall be 1,500 gallons per minute. Submit plans to the Fire Department for review and approval prior to construction of facilities. One additional fire hydrant shall be required. Plan Requirements: The mitigation shall be placed on the Use Permit and shown on all building plans. Timing: This Mitigation shall be implemented at the time of site construction and prior to issuance of final building permits. Monitoring: The Butte County Fire/California Department of Forestry shall ensure compliance with the requirements of this mitigation. Mitigation Measure #7 Prior to site development and building permit issuance, 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. Plan Requirements: The mitigation shall be placed on the Use Permit and shown on all building plans. Timing: The drainage plan shall be required prior to the issuance of building permits. Monitoring: The Department of Public Works shall be responsible for ensuring compliance with this mitigation. Mitigation Measure #8 The following notation shall be placed upon the Use Permit: "The applicant or developer shall be required to submit a development impact fee for Sheriffs facilities shall be paid pursuant to the provisions of Chapter 3, Article II of the Butte County Code, prior to issuance of building permits. The fee amount would be determined and calculated as of the date of application for the building permit." Plan Requirements: The mitigation shall be placed on the Use Permit and shown on all building plans. Timing: The mitigation shall be required prior to the issuance of building permits. V Butte County Department of Development Services v Planning Division v Page 24 v Project Name: Stimson Use Pett, UP 03-02 • Monitoring: The Butte County Planning Division and Building Division shall ensure compliance. Mitigation Measure #9 The following notation shall be placed upon the Use Permit: "A development impact fee for school facilities shall be paid prior to issuance of building permits. The fee amount would be determined and calculated as of the date of application for the building permits." The fee amount would be determined and calculated as of the date of application for the building permit." Plan Requirements: The mitigation shall be placed on the Use Permit and shown on all building plans. Timing: The mitigation shall be required prior to the issuance of building permits. Monitoring: The Butte County Planning Division and Building Division shall ensure compliance. V Butte County Department of Development Services v Planning Division v Page 25 v Project Name: Stimson Use Pett, UP 03-02 • J , 6.0 ENVIRONMENTAL REFERENCE MATERIAL: 1. Butte County Planning Department. Earthquake and Fault Activity Man 11-1, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 2. Butte County Planning Department. Liquefaction Potential Map 11-2, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 3. Butte County Planning Department.. Subsidence and Landslide Potential Map 111-1, Safety Element. Oroville, CA CH2M Hill, 1977. 4. Butte County Planning Department. Erosion Potential Map 111-2, Safety Element. Oroville, CA: CH2M Hill, 1977. 5. Butte County Planning Department. Expansive Soils Man 111-3, Safety Element. Oroville, CA: CH2M Hill, 1977. 6. Butte County Planning Department. Noise Element Map IV -1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 7. Butte County Planning Department. Scenic Highways Map V-1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 8. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4, Safety Element. Oroville, CA: CH2M Hill, 1977. 9. Butte County Planning Department. Archaeological Sensitivity Mai). Oroville, CA: James P. Manning, 1983. 10. Butte County Planning Department. School District Man. Oroville, CA. 11. Northwestern District Department of Water Resources. Chico Nitrate Study Map, Nitrate Concentration in Shallow Wells. The Resources Agency, State of California, 1983. 12. Butte County Board of Supervisors. Agricultural Preserves Man, established by Resolution No. 67-178. Oroville, CA: Butte County Planning Department, 1987. 13. National Flood Insurance Program. Flood Insurance Rate Mans. Federal Emergency Management Agency. 1989. 14. USGS Quad Maps. 15. Soil Man, 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 Mai). Butte County Fire Department and California Department of Forestry, 1989. 7.0 CONSULTED AGENCIES: [ x ] Environmental Health [ x ] Public Works [ x ] Building Manager [ x ] BCAG [ ] ALUC [ x ] LAFCo [ x ] Air Quality Management [ ] City of Chico. [ ] City of Biggs [ ] City of Gridley [ ] City of Oroville [ x ] Town of Paradise [ ] CA Department of Forestry [ ] CalTrans (Traffic) [ ] Central Reg. water Quality [ ] Department of Conservation [ x ] Dept. of Fish and Game [ ] Highway Patrol [ ] Army Corps of Engineers [ ] National Marine Fisheries Service [ ] US Fish & wldlife Service [ x ] Del Oro Water Co. V Butte County Department of Development Services v Planning Division v Page 26 v 0 Project Name: Stimson Use Permit, UP 03-02 8.0 PROJECT SPONSORS INCORPORATION OF MITIGATION INTO PROPOSED PROJECT: I have reviewed the Initial Study for the Harold Stimson Use Permit APN: 066-340-005, Planning Division File #UP 03-02 and particularly the mitigation measures identified herein. I hereby modify the application on file with the Butte County Planning Department to include and incorporate all mitigations set forth in this Initial Study. Harold Stimson K:\PROJECTS\UPC\STIMSON\N4ND.DOC / Date Or V Butte County Department of Development Services v Planning Division v Page 27 v Michelena, Mark From: Wannenmacher, Felix [FWannenmacher@buttecounty.net] Sent: Tuesday, August 26, 2003 4:52 PM To: Michelena, Mark; Christopher, Yvonne; Baker, Joseph Subject: Stimson Agenda Report Hi Mark, Yvonne, and Joe, I have reviewed the report and have the following comments. In both the first paragraph of page 2 and the first paragraph of the UP, you list the use as two dwellings or multiple dwellings. You should describe the use more specifically.• What type of dwellings: single family or multi family? This will be the use that is approved, but it is the least described issue in the report. I ou' On condition 7, the ). I lso s s two words be delete a e i more �1ear `On�mab�eac�a his may e but ar The hu;ld;nasfor more than one yea, f r o==yrs nrhPr t g e , 's odd. Aren't there setbacks? What are you trying to accomplish? Maybe I am sin soa ix CONFIDENTIAL -- ATTORNEY-CLIENT PRIVILEGE CONFIDENTIALITY NOTICE: This email transmission, and any documents or messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering this email to the intended recipient, then you are (1) notified that any disclosure, copying, distribution, saving, reading or use of this information is strictly prohibited, (2) requested to discard and delete this email and any attachments, and (3) requested to immediately notify us by email that you mistakenly received this message. Thank you. Mark Michelena Associate Planner Butte County Planning Division Dept. of Development Services Michelena, Mark From: Wannenmacher, Felix [FWannenmacher@buttecounty.net] Sent: Friday, August 08, 2003 10:42 AM To: Michelena, Mark; Christopher, Yvonne; Baker, Joseph Subject: Stimson Initial Study Hi Mark, Yvonne, and Joe, I have reviewed the initial study. It is generally good. Under 4:4 delete (d) (3-) . o Also, I am not sure that disturbance beyond what is permitted by the zoning and general plan is the standard. Under 4.13 e,.where_did the -nine residential units come from? Look at 4.17's cumulative list in the discussion and compare to 3.0 A. Also compare 3.0 A to each one under 4. For example, there is no mitigation under 4.9, but a reference to other mitigations. If you believe one should be there by reference, say so, and check one of the mitigation boxes in the check list box. Felix CONFIDENTIAL -- ATTORNEY-CLIENT PRIVILEGE CONFIDENTIALITY NOTICE: This email transmission, and any documents or messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering this email to the intended recipient, then you are (1) notified that any disclosure, copying, distribution, saving, reading or use of this information is strictly prohibited, (2) requested to discard and delete this email and any attachments, and (3) requested to immediately notify us by email that you mistakenly received this message. Thank you. Mark Michelena 1 Associate Planner Butte County Planning Division Dept. of Development Services INTER -DEPARTMENTAL MEMORANDUM TO: Mark Michelena, Planning Div. FROM: Mike Elliott, Environmental HealthDiv.K SUBJECT: . Stimson UP 03-02, AP# 066-340-005 DATE: July 28, 2003 BUTTE COUNTY JUL 2 9 2003 DEVELOPMENT �. SERVICES s This office has reviewed the map dated July 25, 2003,for the above indicated use permit. The removal of the office building will not adversely affect our conditions, as there is an increase in usable area as defined in Appendix VII. We will still enforce the conditions dated April 10, 2003. ME/gl/land/stimsonusepermitmemo DEPARTMENT Of E' ELOPMENT SERVICES PLANNING DIVISION 7 County Center Drive knlliron e Oroville, CA 95965-3397 Telephone: (530) 538-7601 FAX: (530) 538-7785 OCT � 7 7 County Center drive TO: ENVIRONMENTAL HEALTH FROM: Mark Michelena, Butte County Planning Division SUBJECT: Request for Commentsion' a Development/Land Use Application APPLICANT: Harold A.. St -i on%6s-ei P-ermi-t= UPTO -3=02 DATE: October 17, 2002 BUTTE COUNTY' o w 'o t 5-2003 o Qi3 MENT o CES o _ _�. = o o = = o cOU N'�y Ilvironmental Health OCT 1 8 2002 Chico, CA The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, and to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. If a response cannot be submitted prior toiOctober 31, 2002-,%plense call Mark Michelena at (530) 538-7376. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for December 12, 2002 before the: Fx­1 Planning Commission F� Development Review Committee PROJECT DESCRIPTION: Use Permit to construct multiple dwellings in the C -C (Community Commercial) Zone at the rear of the lot. PROJECT LOCATION: on the east side ofiL� rkeridT C"' rcle�approximately 970 -feet east and north of Skyway, Magalia , Identified as APPN,# =6 5 -Wo County Supervisor District No: 5 COMMENTS: (Please be specific. Letters or additional comments may be attached): By: C, C�d77 .c`e��/✓ Date: 4—/o —4? �.� D , 4)OW- �2 G ' ` � a� tido Aldlitc) I I ) (A-� s(t1 \mit IAw� I INTER -DEPARTMENTAL MEMORANDUM BUTTE COUNTY TO: Development'Services, Planning -Division FROM: Clifford Rnttenfield, jr_, Senior E.H.S., Environmental Health SUBJECT:. Request for Comments on a Development .Application DATE: April 10, 2003 APPLICANT: Harold A. StimGon DATE: October 17, 20-02_ AGENT: APN:_06(;-340-001; PROJECT DESCRIPTION: UP 03-0. PLEASE CONTACT THE ENVIRONMENTAL HEALTH DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: COMMENTS D. SEWAGE DISPOSAL AREAS 1. Prior to issuance of a building permit the applicant shall meet the sewage disposal requirements of Butte County for the installation of sewage disposal systems. 2. Prior to the issuance of a building permit meet the requirements of the Watershed Protection Zone. CB/gl/land/commentf/stimsonup TO: FROM: SUBJECT: DATE: M E M O R A N D U M Mark Michelena, Associate Planner Butte County Planning Division Al McGreehan, Community Development Director BUTTE COUNTY APR 10 2003 DEVELOPMENT SERVICES Harold Stimson Use Permit [UP 03-02] Application; AP No. 066-340-005 April 7, 2003 On April 1, 2003, Town planning staff received copy of the above -noted project application for review and comment. In regards to this proposed development project application town staff offers the following comments and observations: 1. The proposed project development appears to be located within the "watershed protection overlay zone" of the Magalia Reservoir. The project, if approved, needs to be designed, mitigated, and conditioned in a manner that assures no adverse or detrimental effects upon the watershed. 2. It is requested that whatever environmental document and staff report that is generated for this project application be provided to the town staff prior to it being scheduled for public hearing. 3. This proposed project application is subject to a "discretionary" decision-making action by a Butte County decision-making body. Given the ongoing adverse cumulative traffic impacts that this type and similar types of land use development are generating upon the Town of Paradise and Paradise ridge area, it is important that Butte County carefully exercise its discretionary decision-making authority. 4. Town staff again recommends that Butte County refrain from rendering discretionary decisions concerning development projects in the "Upper Ridge Area" until adequate growth management policies and mechanisms for improving traffic circulation in the area are properly and formally in place. lute County LAND OF NATURAL WEALTH AND BEAUTY OFFICES OF AGRICULTURAL COMMISSIONER WEIGHTS AND MEASURES 316 NELSON AVENUE • OROVILLE, CALIFORNIA 95965-3318 AGRICULTURAL DEPT.: (530) 538-7381 • FAX: (530) 538-7594 RICHARD B. PRICE LOUIE B. MENDOZA, JR. Agricultural Commissioner Assistant Agricultural Commissioner/ Director of Weights and Measures Weights and Measures To: Department of Development Services, Planning Division From: Agricultural Commissioners Office Subject: Response to Request for Project Review and Comments Date: April 4, 2003 Applicant: Harold Stimson. Project Designation: Building placement. Existing Conditions: 1. No adjacent Agricultural concerns. 2 3 4 5 Pertinent Excerpts from the Agricultural Element: N/A Findings and Review Statement: Placement of the buildings will not adversely affect any agricultural operation. Agricultural set backs do not apply. Recommendations: No specific recommendation., No agricultural issues. Robert C. Hill, Deputy Agricultural Commissioner C E E Q0 APO - 4 2003 BUTTE COUNTY PLANNING DIVISN LAND OF NATURAL WEALTH AND BEAUTY 3 PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 March 26, 2003 Re: Use Permit 03-02 for Harold Stimson, APN # 066-340-005 The site plan for the Use Permit has been modified and needs to be rechecked and any new/additional comments need to be identified. I have included an 8-1/2 x 11 of the original site plan. If you have any additional questions or need more information, please contact me at 538-7376. Thank you. Mark Michelena Associate Planner ��ro —0 3 March 26, 2003 Eatte, countu 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 Re: Use Permit 03-02 for Harold Stimson, APN # 066-340-005 BUTTE COUNTY APR -22003 DEVELOPMENT SERVICES The site plan for the Use Permit has been modified and needs to be rechecked and any new/additional comments need to be identified. I have included an 8-1/2 x 11 of the original site plan. If you have any additional questions or need more information, please contact me at 538-7376. Thank you. 74, 141 Mark Michelena Associate Planner �P�GrG�N� oily I`� t 010 n' � ~ ��s s �-a #I7-& f R" oft /p n/G °��✓I �� d P�"�f!'✓T /,"O/Pl"` c--YjT RECEIVE® MAR 26 2003 COUNTY OF BUTTE LAND DEVELOPMENT DIV. J i /c7/L/T/ 5 fF�E uN pE�G JaduNQ (WAITEI2 F2Om DEL OMO C6iELur,�. 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DEPARTMENT OF DEVELOPMENT SERVICES BUTT]*' OUNTY UNIFORM AP140-CATION kPPLIUANY: Agent mlorination to be vrovided is on other side: ANAME ( If applicant is different from owner an affidavit is required ASSESSOR'S PARCEL NUMBER: APP AS. -577M.SDA) OG do - 3916 - 00S ADDR 0S- ADDRS: CM, STATE & ZIP CODE: FILE NUMBER: (FOR OFFICE USE) /49234/6 IeOV AAMV 10o'd &2,ILO A.2 NAME OF PROPOSED PROJECT (If any) TELEPHONE D" PL -Ox �= -5 Arl It I (SJU 9 73 - 1.3 0 LOCATION OF PROJECT ( Major cross streets and Address, if any ) 01 C h4ceL Ar GE�?ITF l) OWNER'S NAME TELEPHONE dAyv-o4.p A. s-rtmxotj S 7 3, /Z 0 2L ADDRESS: CITY, STATE & ZIP CODE: 1W.3 Wo -ne & v WAY 000YA ZONE GENERAL PLAN EXISTING LAND USE SITE SIZE (In Square Feet or Acres) EXISTING STRUCTURES (in Square Feet) PROPOSED STRUCTURES (in Square Feet) No Ne ( 2�39Zv s,f. -ro 7 AL. (Check One) (Check One) 0 PROPERTY IS OR PROPOSED TO BE SEWERED PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER K PROPERTY IS OR PROPOSED TO BE ON SEPTIC 0 PROPERTY IS OR PROPOSED TO BE ON WELL WATER 0 GENERAL PLAN AMENDMENT C3 REZONE 0 USE PERMIT 0 MINOR USE PERMIT 0 VARIANCE C3 ADMINISTRATIVE PE APPLICATION REQUESTED C3 DEVELOPMENT AGREEMENT C3 TENTATIVE SUBDIVISION MAP TENTATIVE PARCEL MAP WAIVER OF PARCEL MAP BOUNDARY LINE MODIFICATION 0!' LEGAL LOT DETERMINATION CERTIFICATE OF MERGER •—..-...___.___._._..__.`_.•__..__-__Y_.. l7� MU41NG AND RECLAMATION PLAN E3 OTHER ...... PROJECTDES0=ON FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. If this application is for a land division, describe the number and size of parcels.) _Lt� JQ 4Akn4, t.*r 'J -D 14/ t*t` &5&�e C -G OWNER CERTIFICATION I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER, I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND ACCURATE. (If an agent is to be authorized, execute an affidavit of authorization and include the affidavit with this application.) DATE: "r SIGNATURE: 0 AGENT AUTHORIZATIA To Butte County, Department of Development Services; Print Name of Agent and Phone Number Mailing Address is hereby authorized to process this application for on my property, identified as Butte County Assessor Parcel Number This authorization allows representation for all applications, hearings, appeals, etc. and to sign all documents necessary for said processing, but not including document(s) relating to record title interest. Owner(s) of Record: (sign and print name) Print Name Signature Architect and/or Engineer: Print Name of Architect/Engineer and Phone Number Mailing Address FOR OFFICE USE ONLY Verify: Date Received: It oeq G' a— Print Name t� %Y1 Sign".�,.,. -- i: OCT 11 2002 Nil Total Amount Received: C4�, 7-' SAP Numbers) "Legal Description /--Owners Authorization Zoning Requirements Project Description Copies of plot plan Taken by Receipt No. E.H. i • s LD plan 7,00 FD f3 Payment of the currently required Application Fee and/or Deposit (Any unused portion of a deposit) will be returned upon final action. Current fee for this application is $ Make check payable to "Butte County Treasurer". as of f FOCT 1 1 2002 N aU� r� �s• _Ge erallnfoAilac��rarrtSZfoN • COUNTY OF BUTTE MENTAL INFORMATION FORM Completed By Project Applicant) 1. , N e and address of owner, and/or ��'�OL.D S771f�.S�fli 2. 3. 4. 5. 6. 1 7. 8. Address of project: Assessor's Parcel Number:. Date Filed )lope, and/or project sponsor: �o y wa �+ • :y,,g - 3 -4/e, - o o.S -1- -1- W`Q�J O11r.1101 1CIGICU PCI II11W anv vUler puonc approvals regwrea Tor this project, mcluaing those required by city, regional, state and federal agencies:. .SAA) t 7M -W B Z- Ou=re= o # QL�U Existing general plan designation: Existing zoning district: e-5��-, How is land currently used? Lk+ci.- Proposed use of site (Project for which this form is filed): Project Description: 9. Site size: / Sa 11( ? G (Acres/Sq. Feet) 10. Off-street parking spaces: Full size: to r5 P-Ae�; IL Compact: Total: / a -F � Z�J Gf�/Z Pdlzrs 11. Plans attached Yes No 12. Proposed development scheduleS'�- 7- jroAsT 15; &,e. f, 3 13. Associated projects /VOAIE 14. Anticipated incremental or phased development GIIC) ST d F' Attach description of project containing the following information: 15. If residential, include the number of units, schedule of unit sizrange of sale prices or rents, and type of household size expected. 'D/VZ* L")."t F L Jq( ?12 u IV I -TS 16. If commercial, indicate the type,thetherneig ffiood, city or regionally oriented, square footage of sales area and loading facilities. 17. If industrial, indicate type, estimated employment per shift, and loading facilities. 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading ❑ Butte County Department of Development Services ❑ Planning Division ❑ 1 facilities, and community benefits to be derived from the project. 19. If the project involves a variance, conditional use, rezoning application, or any development permits, state this and indicate clearly why the application is required. If permits have already been issued, please attach as Exhibit Are the following items applicable to the project or its effects?' Discuss below all items checked yes (attach additional sheets as necessary). YES ILS 20. Change in existing features of any hills, buttes, canyons or substantial alteration of ground contours. _ ,L 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. 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.). _ X 31. Relationship to a larger project or series of projects. D nn OCT i 1 2002 PILANN!NG DIV1S-10N 0 Butte County Department of Development Services ❑ Planning Division ❑ E • Environmental Setting: (Attach brief 32. Describe the project site as it plants and animals, and any c site and the use of the structs accepted. F-1 L �tiefore the project, incidoing info ation on topography, soil stability, historical, or scenic aspdcts. Des ibe any existing structures on the Attach photographs of the site. S apshots or Polaroid photos will be 33. Describe the surrounding properti, including 'information on plants nd animals and any cultural, historical, or scenic aspects. Indicate the typ of land use (residential, pthmercial, etc.), intensity of land use (one - family, apartment houses, shops, depa tc.), nd 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 Signa re for K:\FORMS\SUBMITTAL\ENV-INFO D E C 15 ii e OCT 11 2002 O Butte County Department of Development Services O Planning Division O 3 STIMSON CONSTRUCTION CO. 14340 Troy Way Magalia, Calif. 95954 (530)873-1308 (530) 873-2662 (fax) (530) 570-3614 (cell#) E-mail - Stimson@Stormnetcom 'a. Li c.8h1C5 Dear Sirs; OCT 1 1 2002 3 BUTTE CGIiNTY Pf..ANNING DIVISION Lakeridge Circle has about thirty-five different building lots on it Most of these lots have sat vacant for about thirty years. To date, with the exception of a local church and a grocery store, there has been no development of any of the lots that front on Lakeridge Circle. On the corner lots of Lakeridge and Skyway there was development years ago. The corner lots have a gas station, real estate office, bank and post office on them. The property is located at an elevation of about 2400 feet On the property and on the adjoining properties, there are currently native trees and brush. The trees are several species of oak black oak being the predominant species. There are Douglas Frs, Ponderosa Pines, Jeffery Pines, Western Red Cedar, and possibly a small Dogwood, Hemlock, or Madrone tree in the area. There is a dense undergrowth of Manznanita bushes, Buckthorn and misc. brush. We propose to save as many of the trees as possible, still allowing for the improvements. The larger trees are beneficial for shade and help to retain the atmosphere of a mountain community. We intend to remove as much of the brush as possible in order to reduce the fire hazard. Other than trenching for footings, septic and utilities, there would be no need for any excavation of any kind on this lot The idea would be to leave the surroundings and terrain as natural as possible. The land east of the property is a greenbelt area owned by Paradise Irrigation District This area is meant to remain natural so as to protect the water quality in the Magalia Reservoir. The proposed project should not effect the natural quality of this land. Our building lot is completely out of the drainage/watershed area for the reservoir. In fact, not only is there an engineered drainage ditch at the rear of the lot, but the drainage on this lot would go towards Lakeridge Circle. The lot is very flat for Mountain Community lot The slope appears to be no more than five percent The soil is excellent Not only is there deep soil here with good percolation rates, there are few rocks and no known lava cap areas. As far as cultural and historical aspects of the lot and adjacent area, the area was used by native Indians and miners prior to the Paradise area being built There is no knowledge of anything noteworthy transpiring on the lot itself. The lot has a 'community commercial' zoning which allows for a variety of differenttypes of structures and uses. The lot is so deep that any business or structure would not need that land at the rear of the lot We are proposing to build much-needed housing for two families, couples or individuals at the rear of this lot The front two-thirds of the lot would be used at some later date for a business of some kind. This would bean ideal location for a duplex as it would be quite private and not seen from the street It would also be only a couple hundred yards from a gas station, a grocery store, a hardware store and restaurants. Utilities would be underground and water and fire hydrants are atthe street provided by Del Oro Water Co. Sincerely, C�•I�11�!!J� Harold A. Stimson 0 0 -4-A (IV v ° > March 26, 2003 �` utie Count L A N D O F N AT U RA L W EA LT H A N D B E A U T Y PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 Re: Use Permit 03-02 for Harold Stimson, APN # 066-340-005 The site plan for the Use Permit has been modified and needs to be rechecked and any new/additional comments need to be identified. I have included an 8-1/2 x 11 of the original site plan. If you have any additional questions or need more information, please contact me at 538-7376. Thank you. Mark Michelena Associate Planner u m Consulting P O Box 3249 Z 1 Z. t 1d3 Paradise, CA 95967-3249 AJC r-�- �c�st 'G '' � X7.34 • �.-1 0 0 C." 0--A) -r.S (1P 4* -5 e Z: e T (0 e X) 74 A fj BUTTE J M i 3,9 Z ST�- COUNTY SF MAR 16 2003 DEVELOPMENT SERVICES 5 G C A 3' z -o D. 9S -372-4-- 6840 724•- 6840 d).90 L.N ScA �9z6S lj.30 7:50 l32 t O 4.0 oz Tor,,,,L, ' 3 u / 4-1)ovV-r' ~8c. c7G s! 6944— k 6 -Ir 4�S9 7 wi) sc P zZ 57 A9.3 4 0771 40pzS l Zz8 Z7 ✓ O '57 . Cct 1, c- S33IA213S �Nn03 ulna 09 kZ I I - ��� 6 Q000•p � , = �6 r SO -t£ � Q • O £"2 p � � ,o � Z l It J42 2 '7 •q i�00 ; . 006 LL -0 �3S �C 4 �6•p Z9*1 01 Gbr� 10 f ��of = �►v�s ��v v� = -� L-� Oka, -z. �ifz€ c46s� vo sun 74 L December 27, 2002 Harold Stimson 14340 Troy Way Magalia, CA. 95954 18-B County Center Drive Orovi(le, CA 95965 TEL: (530) 538-7282 FAX (530) 538-2165 Re: Use Permit 03-02, Lakeridge Circle, AN 0667340-005 Dear Mr. Stimson: OF PUBLIC HEALTH fIRONMENTAL HEALTH 411 Main Street P.O. Box 5364 Chico, CA 95927 TEL: (530) 891-2727 FAX: (530) 895-6512 B E A U T Y E] 7 County Center Drive Oroville, CA 95965 TEL: (530) 538-7281 FAX (530) 538-7785 This office has received the plot plan dated December 6, 2002. At this time, the following issues need to be address: 1. The proposed duplexes at the rear of the lot appear to have adequate area for installation of a sewage disposal system. The installation of this system will have a direct impact on the feasibility of the proposed retail space. 2. At this time this office does not have adequate information as to the intended use of the retail space, i.e. number ofoffices,,type of business, actual dimension of structure. This information is critical to the necessary water shed protection zone calculations to determine the required usable area for said structure. The proposed plan must meet the requirments for both the duplexes and the commercial building. 3. Any conflict between sewage disposal trenches and storm water mitigation devices that may have to be put in, should be considered. This can be accomplished through the hiring of a licensed engineer and contacting the Butte County Public Works Department. If you have any further question you may. contact me at the Chico office weekdays, 8:00 to 9:00am. Sinc a y, Mike Elliott, R.E.H.S. Division of Environmental Health MSE/kp/land/lakeridgecircle (2 4 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 November 5, 2002 Mr. Harold A. Stimson 14340 Troy Way Magalia, CA 95954 Re: Application Incomplete —Use Permit Application for a Duplex, File # UP 03-02 Dear Mr. Stimson: Thank you for you submittal of the above referenced Use Permit application which was received by the Butte County Planning Division on October 11, 2002. Once the application is accepted, it is reviewed by different County Departments and other agencies to determine if it is complete, or needs additional information, along with conditions for approval. Upon the review, the Environmental Health Division determined that additional information is required in order for the application to be complete. Since the project site falls within a Watershed Protection zone, the Environmental Health Division has determined it is subject to the restrictions and requirements for onsite sewage disposal and storm water runoff. To address these issues, they are requiring at a minimum, soil profile holes (8') tests and a series of percolation tests (3-5) across the property. For other concerns and suggestions, please refer to the enclosed letter from Environmental Health. Should you have any further questions regarding this matter, please contact Environmental Health Department at 891-2727, or me at 538-7376, between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday, or via E-mail at mmichelena@buttecounty.net. Sincerely, � n Mark Michelena Associate Planner enc Sent By: BUTTE CO ENVIRONMENTALHEALTH; 530 895 6512; N0'v-1-02 4:27PM; Page 1/1 rk .1 • • BUTTE COUNTY MEMORANDUM CHICO ENVIRONMENTAL HEALTH TO: Planning Department FROM: Mike Huetta'�!� — SUBJECT: Stimson Use Permit - UP 03-02 Lakeridge Circle, AP# 066-340-005 DATE: November 1, 2002 This office has finished our initial review of the subject application and request the application be deemed incomplete for the following reasons: First - This project is in the Watershed Protection zone and as such is subject to the restrictions and requirements for onsite sewage disposal and storm water runoff. As a minimum we will need the following soil tests: a) Soil profile holes (8') b) A series of percolation tests (3-5) across the property. Second - Mr. Stimson has indicated that he intends to further develop the property. We suggest that he present a complete plan indicating his future use. This future use could be directly impacted by his proposed development of two -3 bedroom units. Third - Mr. Stimson should consider any conflict he may have with any sewage disposal trenches and storm water mitigation devices he may have to put in. Both structures would necessarily go into the lower pan of the lot. Each should have room for installation. Wildd/land/stimson usepermit Post -it'" Fax Note . 7671 Day/—/19a9l► I"!Vt,4NN7N Cs - co. Phone 11 -O Phone # rax Fax 0 so BUTTE COUNTY MEMORANDUM CHICO ENVIRONMENTAL HEALTH TO: Planning Department FROM: Mike HuertW SUBJECT: Stimson Use Permit -UP 03-02 Lakeridge Circle, AP# 066-340-005 DATE: November 1, 2002 p ECEPWE NOV - 5 2002 B17I1 E CGUPJTY PLANNING DIVISION This office has finished our initial review of the subject application and request the application be deemed incomplete for the following reasons: First - This project is in the Watershed Protection zone and as such is subject to the restrictions and requirements for onsite sewage disposal and storm water runoff. As a minimum we will need the following soil tests: a) Soil profile holes (8') b) A series of percolation tests (3-5) across the property. Second - Mr. Stimson has indicated that he intends to further develop the property. We suggest that he present a complete plan indicating his future use. This future use could be directly impacted by his proposed development of two -3 bedroom units. Third - Mr. Stimson should consider any conflict he may have with any sewage disposal trenches and storm water mitigation devices he may have to put in. Both structures would necessarily go into the lower part of the lot. Each should have room for installation. N*Udd/land/stimson usepermit Q DEPARTMENT OF DiRvELOPMENT SERVICES PLANNING DIVISION ' LAFCo 7 County Center Drive Oroville, CA 95965-3397 Telephone: (530) 538-7601 FAX: (530) 538-7785 0 C T 2 1 2002 Ofovill8, C21lifomia TO: LAFCo FROM: Mark Michelena, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Harold A. Stimson, Use Permit - UP 03-02 - DATE: October 17, 2002 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, and to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. If a response cannot be submitted prior to October 31, 2002, please call Mark Michelena at (530) 538-7376. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for December 12, 2002 before the: Fx—]Planning Commission F-1 Development Review Committee PROJECT DESCRIPTION: Use Permit to construct multiple dwellings in the C -C (Community Commercial) Zone at the rear of the lot PROJECT LOCATION: on the east side of Lakeridge Circle, approximately 970 -feet east and north of Skyway, Magalia , Identified as APN# 066-340-005 County Supervisor District No: 5 03 0i'/ COMMENTS: (Please be specific. Letters or additional comments may be attached): -> t 6. (349 By:_ 31 fs ;9 1 n UU ► 2 9 2002 bui;E GOUNIY PLANNING DIVISION r DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION 7 County Center Drive Oroville, CA 95965-3397 Telephone: (530) 538-7601 FAX: (530) 538-7785 r# V2 TO: CALIFORNIA DEPARTMENT OF FORESTRY FROM: Mark Michelena, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Harold A. Stimson, Use Permit - UP 03-02 DATE: October 17, 2002 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, and to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. If a response cannot be submitted prior to October 31, 2002, please call Mark Michelena at (530) 538-7376. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for December 12, 2002 before the: FX ]Planning Commission Development Review Committee PROJECT DESCRIPTION: Use Permit to construct multiple dwellings in the C -C (Community Commercial) Zone at the rear of the lot PROJECT LOCATION: on the east side of Lakeridge Circle, approximately 970 -feet east and north of Skyway, Magalia Identified as APN# 066-340-005 County Supervisor District No: 5 COMMENTS: (Please be specific. Letters or additional comments may be attached): • BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Harold A. Stimson DATE: October 17, 2002 AGENT: APN: 066-340-005 FILE #: UP 03-02 PLANNER: ,Mark Michelena PROJECT DESCRIPTION: Use Permit to construct multiple dwellings in the C -C (Community Commercial) Zone at the rear of the lot Those items checked are conditions of approval. PLEASE CONTACT THE BUTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS 1. Construction, installation or development of structures or facilities on the parcels/lots shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. 2. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning ofbuilding construction and maintained continuously thereafter. 3. Fire hydrant identification, reflector or post reflectors shall be installed acceptable to the County Fire Warden. 4. In lieu of a pressurized water system or water storage tank, payment of $200.00 per created parcel into the Battalion _ water tend fund, is required prior to the issuance of a building permit. X5. 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 q�} the satisfaction of the County Fire Warden. Average required hydrant spacing�ROfeet, hydrant size .0 -inches, and residual fire flow., wpm. 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. DEPARTMENT OFDIC, dELOPMENT SERVICES PLANNING DIVISION�?nnpilad ° wT OCA TF 2l 20 o 7 County Center Drive , o Oroville, CA 95965-3397 ��CULT�E% o -`rte o Telephone: (530) 538-7601 FAX: (530) 538-7785 �UNt TO: AGRICULTURAL COMMISSION FROM: Mark Michelena, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Harold A. Stimson, Use Permit - UP 03-02 DATE: October 17, 2002 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, and to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. If a response cannot be submitted prior to October 31, 2002, please call Mark Michelena at (530) 538-7376. You do not have -to respond to this request if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for December 12, 2002 before the: Fx—]Planning Commission F-1 Development Review Committee PROJECT DESCRIPTION: Use Permit to construct multiple dwellings in the C -C (Community Commercial) Zone at the rear of the lot PROJECT LOCATION: on the east side of Lakeridge Circle, approximately 970 -feet east and north of Skyway, Magalia , Identified as APN# 066-340-005 County Supervisor District No: 5 COMMENTS: (Please be specific. Letters or additional comments may be attached): (lo A-ei c1�t�� a.( cssc,c.2S 10.91W. . 1 ^EPARTMENT OF D•VELOPMENT SERVICES ,` PLANNING DIVISION o�VTT�0 .o 7 County Center Drive E C E U E 00-- o Oroville, CA 95965-3397 c =�' - o Telephone: (530) 538-7601 D �+ y FAX: (530) 538-7785 OCT 1 8 2002 DUN'S TO: PUBLIC WORKS DIRECTOR1 BUTTE COUNTY PLANNING DIVISION FROM: 4 Mark Michelena, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Harold A. Stimson, Use Permit - UP 03-02 ` DATE: October 17, 2002 'The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the*completeness of this application, and to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. If a response cannot be submitted prior to October 31, 2002, please call Mark Michelena at (530) 538-7376. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for December 12, 2002 before the: FXPlanning Commission F Development Review Committee PROJECT DESCRIPTION: Use Permit to construct multiple dwellings in the C -C (Community Commercial) Zone at the rear of the lot PROJECT LOCATION: on the east side of Lakeridge Circle, approximately 970 -feet east and north of Skyway, Magalia , Identified as APN# 066-340-005 County Supervisor District No: 5 may be attached): By: Date: / Q G Zo'vZ RECEIVED C C T 1 8 2002 COUNTY OF BUT% LAND DEVE40PNITE , , ®IV. • BUTTE COUNTY STANDARD CONDITIONS FOR S" USE PERMIT APPLICANT: Harold A. Stimson DATE: October 17, 2002 AGENT: APN: 066-340-005 FILE #: UP 03-02 PLANNER: Mark Michelena PROJECT DESCRIPTION: Use Permit to construct multiple dwellings in the C -C (Community Commercial) Zone at the rear of the lot 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. 3. 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 1. 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. � �. �i�f�•=,''� ,,,fie, -S e�,,�u,1 �/�,,:�,e C�� a�.�.� � %� u-�� AP 066-340-005 Harold Stimson UP 03=02 - ^E Magalia Reservoir Project Location 300 0 300 600 900 1200 1500 1800 2100 2400 2700 3000 3300 Feet BUTTE COUNTY PLANNING COMNUSSION Applicant: Harold A. Stimson Owner: Same Hearing Date: Existing Zone: C -C (Community Commercial) N Supervisorial Request: Use Permit to allow multiple dwellings at the rear of the parcel. District # 5 I I Assessor Parcel No: 066-340-005 1 File: UP 03-02 1 LEAD IN SHEET 0 FILE NO: UP 03-02 AP# 066-340-005 APPLICANT: Harold A. Stimson, 14340 Troy Way, Magalia, CA 95954 PHONE#:: (530) 873-1308 OWNER: same REPRESENTATIVE: REQUEST: Use Permit to construct multiple dwellings in the C -C (Community Commercial) Zone at the rear of the lot SIZE: LOCATION: on the east side of Lakeridge Circle, approximately 970 -feet east and north of SkMU, Maealia SUPERVISORAL DISTRICT # 5 EXISTING ZONING: C-C/WP (Community Commercial/Watershed Protection Overla)) ZONING HISTORY: SURROUNDING ZONING: SURROUNDING LAND USE: SITE HISTORY: GENERAL PLAN DESIGNATION: C (Commercial) APPLICABLE REGULATIONS: ASSIGNED PLANNER: Mark Michelena Date Application Received 10/11/2002 Date Project Assigned 10/15/2002 30 Day Complete 11/11/2002 Preset Hearing Date 12/12/2002 COMMENT DISTRIBUTION LIST APPLICATION: Harold A. Stimson DATE: October 17, 2002 County Offices and Cities: Chief Administrative Officer / X Develop. S ices Director X Environmental Health ✓ X Assesort Sheriff_ BCAG X LAFCol _ Air Quality Mgmt. Biggs _ Oroville Gridley Paradise Information Systems Dept. _ Animal Control Irrigation District: _ Butte Water —Biggs/W. Gridley Water _ OWID _ Paradise Irrigation Table Mountain Irrigation _ Thermalito Irrigation Domestic Water _ Butte Water District Water Service Co. _ OWID _California _ Thermalito Irrigation District Sewer _ Butte Water District _ Themalito Irrigation Skansen Subdivision (CSA 21) _ L.O.A. PUD Fire Protection X California Department of Forestry _ EI Medio Fire Protection District Recreation Districts _ Chico Area Recreation _ Durham Area Recreation Paradise Recreation & Park Richvale Recreation & Parks Utilities _ PG&E North - Chico _ Chambers Cable TV PG&E South - Oroville Viacom Cable TV State Agencies CalTrans (Traffic) _ Dept. of Water Resources _ Forestry (Attn: Craig Carter) _ Dept of Parks and Rec. _ Central Reg. Water Quality Cont. _ Caltrans, Aeronautics Program _ Department of Conservation _ Off. of Mining Reclamation Dept.Social Services, Comm.Care Licensing Federal Agencies _ US Forest Service _ Army Corps of Engineers Other Districts, Agencies, Committees, etc. _ Lime Saddle Dist _ Drainage _Reclamation Butte Co. Mining Committee Paradise Pines Com. Assoc. V/ _ Mosq. Abatement. Oroville/Butte Co _ US Bureau of Land Management National Marine Fisheries Sservice _ Community Association _ Butte Env.l Council _ Cal Native Plant Society _ Forest Ranch Community Assoc. Butte Ck. Watershed Conservancy 1 X Public Works Director _ Building Manager ALUC _ Butte Co. Farm Bureau Chico Chico Airport Commission X Agricultural Commission r _ Durham Irrigation Richvale Irrigation Other Del Oro Water Co. Other Sterling City Sewer Main Feather River Rec. & Park Pacific Bell Dept. of Fish and Game Highway Patrol Off. of Governmental & Env. Relations US Fish & Wildlife Service School Districts "DRAFT" LEAD IN SHEET FILE NO: P 013 yOaZ AP# Q(q& - 3`JC -boy APPLICANT: 14A I-ol- D A• S F I rv� Sorvl OWNER: 1AA�L-b A • STIPASdN REPRESENTATIVE: PROPOSED REQUEST: (to be filled out by person taking in application) kEQu -sr- A USE PE.AM, r CONST -i -u EX /N 7r -H& . C -c- ZoauE AT Tfw 2AvAx— op- FINAL f FINAL REQUEST: (to be filled out by project planner) PLCO,jES-r Fox A USe PcQ-M i't" To CoNIST2uc-r Myt;-r(r-6 OWEU.iuES THE C - C Z oto( tr A -T— -O c p-c-Ap— of '9C Loy: , SIZE: / 3 Acp-cS LOCATION: ©W `I- E--qS-r SiPc oP LAV-EPiDG-G- CMCLE . /�PPKO�crt�LtMt�7-`/ 570. fee.� QU+ Ctnd rJe2r-r4 Ot= S kYc rJ,4 -i,. 4C M &Ce-; A l, t I1 e M� F(c,0 A -s APli 4- 6&o - W 3 yo - o cS . SUPERVISORAL DISTRICT # 5 EXISTING ZONING: C- /we GENERAL PLAN DESIGNATION: Date Application Received 10/ 11 %aoo;l, COMMENT DISTRIBUTION LIST APPLICATION: DATE: County Offices and Cities: _ Chief Administrative Officer -.jL Develop. Services Director X Environmental Health X Assesor _ Sheriff _ BCAG -X- LAFCo _ Air Quality Mgmt. Biggs _ Gridley _ Oroville _ Paradise Information Systems Dept _ Animal Control Irrigation District: _ Butte Water —Biggs/W. Gridley Water OWID _ Paradise Irrigation _ Table Mountain Irrigation _ Thermalito Irrigation Domestic Water _ Butte Water District _California Water Service Co. OWID _ Thermalito IrrigationDistrict Sewer Butte Water District _ Themalito Irrigation Skansen Subdivision (CSA 21) _ L.O.A. PUD Fire Protection X California Department of Forestry _ EI Medio Fire Protection District Recreation Districts Chico Area Recreation _ Durham Area Recreation Paradise Recreation & Park _ Richvale Recreation & Parks Utilities PG&E North - Chico _ Chambers Cable TV _ PG&E South - Oroville _ Viacom Cable TV State Agencies _ CalTrans (Traffic) _ Dept of Water Resources Forestry (Attn: Craig Carter) _ Dept of Parks and Rec. _ Central Reg. Water Quality Cont _ Caltrans, Aeronautics Program Department of Conservation _ Off. of Mining Reclamation _ Dept.Social Services, Comm.Care Licensing Federal Agencies _ US Forest Service _ Army Corps of Engineers Other Districts, Agencles, Committees, etc. Lime Saddle Dist _ Drainage _ Reclamation _ Butte Co. Mining Committee _ Paradise Pines Com. Assoc. Mosq. Abatement Oroville/Butte Co _ US Bureau of Land Management National Marine Fisheries Sservice _ Community Association _ Butte Env.l Council _ Cal Native Plant Society _ Forest Ranch Community Assoc. Butte Ck. Watershed Conservancy -X—Public Works Director Buildirig Manager _ ALUC _ Butte Co. Farm Bureau _ Chico Chico Airport Commission -X- Agricultural Commission _ Durham Irrigation _ Rlchvale Irrigation Other _ Del Oro Water Co. Other Sterling City Sewer Main Feather River Rec. & Park _ Pacific Bell Dept of Fish and Game _ Highway Patrol _ Off. of Governmental & Env. Relations _ US Fish & Wildlife Service School Districts K:\PLANNING\FORMS\DISTR.LIS STIMSON CONSTRUCTION CO. 14340 Troy Way Magalia, Calif. 95954 (530) 873-1308 (530) 873-2662 (fax) (530) 570-3614 (cell#) E-mail - Stimson@Stormnetcom Ca. Lic. 386165 Dear Sirs; D. OCT 1 1 2002 iii'm COUNTY PLANNING DIVISION Lakeridge Circle has about thirty-five different building lots on it Most of these lots have sat vacant for about thirty years. To date, with the exception of a local church and a grocery store, there has been no development of any of the lots thatfront on Lakeridge Circle. On the corner lots of Lakeridge and Skywaythere was development years ago. The corner lots have a gas station, real estate office, bank and post office on them. The property is located at an elevation of about 2400 feet On the property and on the adjoining properties, there are currently native trees and brush. The trees are several species of oak black oak being the predominant species. There are Douglas Frs, Ponderosa Pines, Jeffery Pines, Western Red Cedar, and possibly a small Dogwood, Hemlock, or Madrone tree in the area. There is a dense undergrowth of Manznanita bushes, Buckthom and misc. brush. We propose to save as many of the trees as possible, still allowing for the improvements. The larger trees are beneficial for shade and help to retain the atmosphere of a mountain community. We intend to remove as much of the brush as possible in order to reduce the fire hazard. Other than trenching for footings, septic and utilities, there would be no need for any excavation of any kind on this lot The idea would be to leave the surroundings and terrain as natural as possible. The land east of the property is a greenbelt area owned by Paradise Irrigation District This area is meant to remain natural so as to protect the water quality in the Magalia Reservoir. The proposed project should not effect the natural quality of this land. Our building lot is completely out of the drainage/watershed area for the reservoir. In fact, not only is there an engineered drainage ditch at the rear of the lot, but the drainage on this lot would go towards Lakeridge Circle. The lot is very flat for Mountain Community lot The slope appears to be no more than five percent The soil is excellent Not only is there deep soil here with good percolation rates, there are few rocks and no known lava cap areas. As far astultural and historical aspects of the lot and adjacent area, the area was used by native Indians and miners prior to the Paradise area being built There is no knowledge of anything noteworthy transpiring on the lot itself. The lot has a `community commercial' zoning which allows for a variety of different types of structures and uses. The lot is so deep that any business or structure would not need that land at the rear of the lot We are proposing to build much-needed housing for two families, couples or individuals at the rear of this lot The front two-thirds of the lot would be used at some later date for a business of some kind. This would bean ideal location for a duplex as it would be quite private and not seen from the street It would also be only a couple hundred yards from a gas station, a grocery store, a hardware store and restaurants. Utilities would be underground and water and fire hydrants are at the street provided by Del Oro Water Co. f Sincerely, Harold A. Stimson DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION 7 County Center Drive Oroville, CA 95965-3397 Telephone: (530) 538-7601 FAX: (530) 538-7785 we] FROM: Mark Michelena, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Harold A. Stimson, Use Permit - UP 03-02 DATE: October 17, 2002 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, and to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. If a response cannot be submitted prior to October 31, 2002, please call Mark Michelena at (530) 538-7376. You do not have to respond to this request,if you have no comments to include. Thank you for your attention to this matter. . A hearing on this application has been tentatively scheduled for December 12, 2002 before the: Planning Commission [--] Development Review Committee PROJECT DESCRIPTION: Use Permit to construct multiple dwellings in the C -C (Community Commercial) Zone at the rear of the lot PROJECT LOCATION: on the east side of Lakeridge Circle, approximately 970 -feet east and north of Skyway, Magalia , Identified as APN# 066-340-005 County Supervisor District No: 5 COMMENTS: (Please be,specific. Letters or additional comments may be attached): By: Date: EC EE E D -- OCT 1 1 2002 BUTTE COUNTY PLANNING DIVISION At JS N -000 .ff you v.;��!---,- • . va'tfr tt'cvr o0 ov/�.� tt gyp— f�- '- It p Yltrl' ofl)rftsvl........•:.' cv On cm 6. All t ♦ W • t W•.. - • °0' .pOl9 ,00 PI/ •/a.7 •. ..af lu•v . / , ./f t/.7 / I✓0•/ 1,00.0//.7 t.fl f0./ `�- '� _ �7Jb/J t�• X701 _ Hd Dr/ta - M.r1,r•7 / . 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T'.t''�r';. h�A. {�� wj>)'>t1•i:' �c.�3i i!�� '` %D• "a y Li r. s.��' :�".s. �� .',1:r •sy �. e,':..r'(•�.rs ♦t`?,• t i.� •T 4. y•`rR'>. './,•, .•a ..�.. ;'�•; '�.' ., - 17 .s �'�rc� •+4 M^;�:T`.�» �e13 Tj ..'i..(.'n, W�.,r'��. r�,t '.i3'�7�r'-�"s'y.P'iy�,.'-" I i'i ...i. �[ X' - "l .r� t'Q 9r.. 7r' w � ^ T � t i. ,.,% «..i. £ � .X, h q� 't1 /� .. ,} •. �S . a ��aa �°• ''%.'y t �' �:�,�� ,,,..v' •� 1 � u9 ,S #' s� r + .q T•st o `f 4 f” y .a ua:�r. �ry� t i +* .?:,�' > � ..-..a�'.t. e� 777y, �i� ��sfs•�'..f srii� l+ �$i. �:� tr�i� .,y ... `ra COUNTY OF BUTTE s " OFFICE OF PLANNING DEPARTMENT o — 7 COUNTY CENTER DRIVE AUG 2,8'o 3 8 a y OROVILLE, CALIFORNIA 95965-3397 r TTE °\ NTY Lc1I1�B MET�Fi 0 �A 7lasts3 u:'S. P03TAOE RETURN SERVICE REQUESTED i � SEP 16 2003 Q DEVELOPMENT SERVICES PUBLIC 24000 066300 I-IEARING ANDERSON HENRY R & D ELAINE 390 NO.VVINCHESTER BLVD #6E s SANT — ANDE390 950502293 1303 14 09/07/03 NOTICE-RETURN TO SENDER ANDERSON'DOELAINE 420 W LQWELL AVE JE TRACY CA 95376-3022 ~ RETURN 70 SENDER t=�a�=•��r-.'•#��f��el�i�f�i�s�l�„�i�i�{i���i 1�71���I,f���lti,�ll��,i1„1,�III���f,�;ll,i„i i� �� I �� 1 l DEPARTMENT OF DEVELOPMENT SERVICES BUTTE LINTY UNIFORM'rry UORM APP14PATION APPLICANT: Axent information to be is on other side: S NAME ( It applicant is different from owner an affidavit is required) I ASSESSOR'S PARCEL NUMBER: 9- Crff, STATE & ZIP CODE: NAME OF PROPOSED PROJECT (If any) LOCATION OF PROJECT ( Major cross streets and Address, if any .d—'A *x raysir C /!*-- C L. & - 1-",& GENERAL INFORMATION REOUTRE N 066 - 3d10 - 4005 -- FILE NUMBER: (FOR OFFICE USE) IV e-.3 oz TELEPHONE - (SJa 973 9 OWNER'S NAME TELEPHONE ArIA&E-404D A. S7-1?"Xp#Q If 7 3 1.1 9 - ADDRESS:. CITY, STATE & ZIP CODE: 1 .3WO ?leu0WJ0Qe V14,41A.0 &A. ZONE GENERAL PLAN EXISTING LAND USE SITE SIZE ( in Square Feet or Acres 1 L44<-4,1 7- 4 t-;3 EXISTING STRUCTURES (in Square Feet) PROPOSED STRUCTURES (in Square Feet ) tj 0 fix 3924 :6 " r. 7-v7' (Check One) / (Check One) 0 PROPERTY IS OR PROPOSED TO BE SEWERED PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER K PROPERTY IS OR PROPOSED TO BE ON SEPTIC C3 PROPERTY IS OR PROPOSED TO BE ON WELL WATER r . t 0 GENERAL PLAN AMENDMENT 10 REZONE USE PERMIT 0 MINOR USE PERMIT 0 VARIANCE 0 ADMINISTRATIVE PERMIT C3 DEVELOPMENT AGREEMENT APPLICATION REQUESTED 1:3 TENTATIVE SUBDIVISION MAP TENTATIVE PARCEL MAP WAIVER OF PARCEL MAP 01 BOUNDARY LINE MODIFICATION 131! LEGAL LOT DETERMINATION Off CERTIFICATE OF MERGER EY MINING AND RECLAMATION PLAN C3 OTHER PROJECT DESCPJFn0N IFULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. If this application is for a land division, describe the number and size of parcels.) -r 71-D C -C- � _V�� J4 oki& t I A4 )'*Cr & 11 01ANERMMCA-110N I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER, I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND ACCURATE. (if an agent is to be authorized, czOwte an affidavit 0( Artharintion and indude the affidavit with this aMication.) DATE: arv-r W -.00.2. SIGNATURE: 0/�z'__.Ome- jeA.; AGENT AUTHORIZATION To Butte County, Department of Development Services; Print Name of Agent and Phone Number Mailing Address ------- is hereby authorized to process this application for on my property, identified as Butte County Assessor Parcel Number This authorization allows representation for all applications, hearings, appeals, etc. and to sign all documents necessary for said processing, but not including document(s) relating to record title interest. Owner(s) of Record: (sign and print name) Print Name Signature Architect and/or Engineer: Print Name of Architect/Engineer and Pboue Number Mailing Address Print Name Sigoan{re U v .�_� is i� OCT 11 2002 FOR OFFICE USE ONLY Verify: Date Received: Total Amount Received: C45178' SAP Number(s) Legal Description Owners Authorization .9ning Requirements Project Description Copies of plot plan Taken by Nit Receipt No. L!X002 E.H. 18 LD Plan70-') FD ,�'3 Payment of the currently required Application Fee and/or Deposit (Any unused portion of a deposit) will be returned upon final action. Current fee for this application is $ as of Make check payable to "Butte County Treasurer". E C E W• 0 COUNTY OF BUTTE EN' NMENTAL INFORMATION FORM OCT 1 1 2002 a Completed By Project Applicant) i BUTTE �GUNN Date Filed _Ge oral Inf� HE 1 1.'- NcIme and address of owner, and/or dev oper and/or project sponsor: 2. Aadress of project: - Assesso?s Parcel Number: t-1 to 3 4/p - o oS 3. Nam address, and telephone number of person to be co tacted concerning this project: 92 Z;CQY 4. Li and describe any other related permits and other public approvals required for this'project, including those required by city, regional, state and federal agencies: .56A) i 7ATla AI 5. Existing general plan designation: 6. Existing zoning district: C-5fwe° I 7. How is land currently used? i 8. Proposed use of site (Project for which this form is filed): Project Description: 9. Site size: f SV x at. 8 Feet) 10. 11. Off-street parking spaces: Full size: ,.1?_~JZ% Compact: _ Plans attached Yes X- No (Acres/Sq. Total: / a 12. Proposed development schedule 1-57 �'T_saxr 'O 3 13. Associated projects A164ItlE 14. Anticipated incremental or phased development _ 01 -em me em am d F Attach description of project containing the following information: 15. If residential, include the number of units, schedule of unit sizrange of sale prices or rents, and type of household size expected. D097 D* ( MA)e ?12 u /V I TS, 16. If commercial, indicate the type,tt ether neigh oYod, city or r -1C io all&oAn)e-nted, square footage of sales area and loading facilities. 17. If industrial, indicate type, estimated employment per shift, and loading facilities. 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading 0 Butte County Department of Development Services O Planning Division ❑ 1 0 facilities, and community benefits to be derived from the project. 19. If the project involves a variance, conditional use, rezoning application, or any development permits, state this /i and indicate clearly why the application is required. If permits have already been issued, please attach as Exhibit Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary). YES 20. Change in existing features .of any hills, buttes, canyons or substantial alteration of ground contours. 21. Change in scenic views or vistas from existing residential 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. 27. Site on filled land or on slopes of 10 percent or more. 28. Use of, or disposal of potentially hazardous materials, such as toxic substances, flammable or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, etc. including special districts). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. V D C a OCT 1 1 2002 BUTTE COUNTY PLANNING DiVIS10N O Butte County Department of Development Services D Planning Division ❑ Oa NO 041 t, Environmental Setting: (Attach brief 32. Describe the project site as it exists afore the project, incing info ation on topography, soil stability, plants and animals, and any cu ltu ,historical, or scenic asp ts. Des 'be any existing structures on the site and the use of the structure Attach photographs of the site. S)6pshots or Polaroid photos will be accepted. 33. Describe the surrounding pro ,including information on plan nd animals and any cultural, historical, or scenic aspects. Indicate the typ of land use (residential, mercial, etc.), intensity of land use (one - family, apartment houses, shops, depa nd 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 Signa re for QGT.�OZ K:\FORMS\SUBMITTAL\ENV-INFO p-[�C�Eu�IC OCT 1 1 2002 F O Butte County Department of Development Services O Planning Division O 3 COUNTY OF BUTTE OFFICE OF PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3397 RETURN SERVICE REQUESTED N 1117, 0 AUG 2 ro 3 4.9 CO x� lss C A PUBLIC066330024000 ANDERSON HENRY R & D ELAINE 390 NO WINCHESTER BLVD #6E HEARING SANTA CLARA CA 95050 RETURN TO SENDER 0 y505035µRETURNNOTICE ANDERSON' DORTF;'f ELA 420 W LOWELL AVE r TRACY CA 95376-9022 - RETURN TO SENDER . F .1SF3. d�?�fi318'�F?3?(ll Eilll3f L� X0.35? RmETEril 7128153 U.S. POSTAGE BUTTE COUNTY SEP 1 12003 /03 r,rrl,;rlr!l,it!!l�:lrl1!!r!!!rrlrl,tl��►ltl,� �� W a STITZSON CONSTRUCTION CO. 14340 Troy Way Magalia, Calif. 95954 (530) 873-1308 (530) 873-2662 (fax) (530) 570-3614 (cell#) E-mail - Stimson@Stormnetcom Dear Sirs; RL-vLA� 1� BUTTE COUNTY I PLANNING DIVISION Lakeridge Circle has about thirty-five different building lots on it Most of these lots have sat vacant for about thirty years. To date, with the exception of a local church and a grocery store, there has been no development of any of the lots that front on Lakeridge Circle. On the corner lots of Lakeridge and Skyway there was development years ago. The corner lots have a gas station, real estate office, bank and post office on them. The property is located at an elevation of about 2400 feet On the property and on the adjoining properties, there are currently native trees and brush. The trees are several species of oak black oak being the predominant species. There are Douglas Frs, Ponderosa Pines, Jeffery Pines, Western Red Cedar, and possibly a small Dogwood, Hemlock, or Madrone tree in the area. There is a dense undergrowth of Manznanita bushes, Buckthorn and misc. brush. We propose to save as many of the trees as possible, still allowing for the improvements. The larger trees are beneficial for shade and help to retain the atmosphere of a mountain community. We intend to remove as much of the brush as possible in order to reduce the fire hazard. Other than trenching for footings, septic and utilities, there would be no need for any excavation of any kind on this lot The idea would be to leave the surroundings and terrain as natural as possible. The land east of the property is a greenbelt area owned by Paradise Irrigation District This area is meant to remain natural so as to protectthe water quality in the Magalia Reservoir. The proposed project should not effectthe natural quality of this land. Our building lot is completely out of the drainage/watershed area for the reservoir. In fact, not only is there an engineered drainage ditch at the rear of the lot, but the drainage on this lot would go towards Lakeridge Circle. The lot is very flat for Mountain Communitylot The slope appears to be no more than five percent The soil is excellent Not only is there deep soil herewith good percolation rates, there are few rocks and no known lava cap areas. As far as cultural and historical aspects of the lot and adjacent area, the area was used by native Indians and miners prior to the Paradise area being built There is no knowledge of anything noteworthy transpiring on the lot itself. The lot has a `community commercial' zoning which allows for a variety of different types of structures and uses. The lot is so deep that any business or structure would not need that land at the rear of the lot We are proposing to build much-needed housing for two families, couples or individuals at the rear of this lot The front two-thirds of the lot would be used at some later date for a business of some kind: This would be an ideal location for a duplex as it would be quite private and not seen from the street It would also be only a couple hundred yards from a gas station, a grocery store, a hardware store and restaurants. Utilities would be underground and water and fire hydrants are at the street provided by Del Oro Water Co. Sincerely; Harold A. Stimson ci s �`y f :` W o p`' XI eP CA PaHtJ'T o fK (,, BUTiE�CUNi'�' r.� � FLANfdIhG UiVISiUN s '�1 COUNTY OF BUTTE OFFICE OF PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3397 RETURN SERVICE REQUESTED PUBLIC HEARING NOTICE � �dN� $� p 03 Vt� d 66 q' AUG 2 8'0 3 .3 5? 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