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UP 03-08
PROJECT SUMMARY SHEET FILE #: UP 03-08 PROJECT TYPE: Use Permit APPLICANT: Darren C. Chapla r ADDRESS: 3793 Road QQ, Orland, CA 95963 PHONE #: OWNER: same PROJECT DESCRIPTION: Use Permit for an expansion of an existing kennel for 20 to 35 dogs PROPERTY ZONED: A-160 (Agricultural - 160 acre parcels) LOCATED: on the westside of Cana Pine Creek Road, approximately 1 mile north of Res Road, at 15593 Cana Pine Creek Road, Chico. .fro I &t� AP#: 047-060-056 TOWN/AREA: Chico GENERAL PLAN DESIGNATION: OFC 1. Application accepted: 12/31/02 Amount: $ 1,114.00 Receipt #: 20916 2. Comments sent to: EH, PW, DDS, Assessor, LAFCo, Animal Control, Ag. Comm', CDF; 3 4 5 6 7 Comments received from: Rezone Petition Signatures Checked: Mailing List/Lead-in Sheet: Assigned To: Mark Michelena Environmental Determination: State Clearinghouse No: Subject to Fish & Game: categorical Exemption-CEQA# Negative Declaration Mitigation Negative Declaration Environmental Impact Report Gen. Rule Ex. -CEQA # 15061.(bx3) Other 8. Staff Report: Project Video: 9. Clearinghouse circulation required: Yes 10. Publication Notice Written: 11. Notices Mailed: No Date Sent to SCH: Display Ad Prepared: Number of Notices: / 1 12. Newspaper Publication Date: O 1 C) P G B 13. Planning Commission Hearing(s): (0.3 Action taken: Rporpll&d- Special Conditions: Commissiori Resolution No. 14. Board of Supervisors' Hearing(s): Action taken: Board Resolution No.: Ordinance No: Adopted: 15 Type Use Permit/Send for signature: N.O.E. / N.O.D. / APPENDIX G: Send validated Use Permit: Assessor's Memo: Copy of Use Permit / Variance to Planning Technician: r Fish & Game Fees Paid: Yes NoWZA�- b Darren Chapla, proposed Negative Declaration regarding environmental impacts and Use Permit for an expansion of an existing kennel for 20 to 35 dogs on property zoned "A-160" (Agricultural — 160 -acre parcels). The property is located on the west side of Cana Pine Creek Road, approximately 1 mile north of Broyles Road, at 15593 Cana Pine Creek Road, Chico. APN 047-060-056 (MM) (UP 03-08) Mr. Michelena gave a brief summary of this hearing. He said he received a call from a neighbor who was concerned with the noise. He said the neighbor was also concerned that this was a nesting place for Bald Eagles. Mr. Michelena said according to the Department of Fish and Game this is not a nesting or breeding place for Bald Eagles. The hearing was opened to the public. Dave Chapla said he agreed with all but three of the conditions. He had a problem with Condition 8 deeding 30 feet of right-of-way from the centerline of Cana Pine Creek Road. He said his property is adjacent to the County's north border. He said all the traffic that is generated in this part of the County (pointed to a map) migrates towards Highway 99. He said any dogs picked up would be picked up from his home. He explained that his objection is that the kennel will not measurably affect traffic. He felt that the condition to deed right-of-way for future expansion is excessive and unnecessary. He objected to Condition 9 regarding a permanent solution to drainage. He felt that the condition was redundant because of Condition 11. He said he would take care of sewage problems. He said his third objection is to Condition 10 regarding building permits. He said he talked to Dave Wasney and Carl Nelson in the Building Division and was told this building is not a residential structure and the building would not be allowed as an agricultural structure. He said Mr. Wasney and Mr. Nelson told him to treat the building as a garage in terms of the structure. He believed that the plans submitted to the Planning Division meet the requirements and do not need to be signed by a licensed architect or registered engineer. He said the building was smaller than a two -car garage. Doug Fogel, Manager Environmental Health, explained that the design of the septic system has a cap over the port and is raised only to remove the dog waste. He said the system is designed to exclude drainage water from the kennel building going into the septic. Yvonne Christopher, Development Services Director, recommended that the Commission not delete Condition 8 without the benefit of someone from Public Works being at the meeting. She said the Building Code requires that all structures are identified by a use classification and a garage in the Building Code is specifically to store private vehicles. She said the expansion of a kennel is a commercial use under the Building Code and all commercial structures would require engineering. She said this use could not be classified as a garage. Mr. Michelena read from the County Code on deeding the 30 -foot right-of-way on property used as commercial. Commissioner Evans asked if Cana Pine Creek Road was a County road and Mr. Michelena said yes. . Commissioner Leland discussed acquisitions of rights-of-way. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ JUNE 12, 2003 ■ PAGE 6■ 0 Mr. Chapla again stated that there is no drainage to the outside of the building from the kennel. Commissioner Evans explained the difference in the two types of drainage, stating that Condition 9 pertains to storm water runoff drainage caused by the roof of the building or runoff from any other impervious surface. Mr. Chapla showed an aerial photo of his property explaining how far the building was from his property line and that runoff would never leave his property. Commissioner Evans said that providing a permanent solution in this case would be a simple matter and should not cause Mr. Chapla any problems. Mr. Baker explained that the condition was only for storm water drainage and not the drainage into the septic system from washing down the kennels. Kelly Chapla said her concern is that the conditions will cause delays and she wants to get the permit done as soon as possible in order to put in the electric for air conditioning to make the dogs comfortable. She said the dogs are will cared for. Rob MacKenzie, Deputy County Counsel, said the Commission might want to discuss the three employees that are noted in the agenda report. Mr. Chapla said there are not three employees, but three family members that are property owners and owners of the kennel that will be commuting to the kennels everyday. The hearing was closed. It was moved by Commissioner Evans, seconded by Commissioner Marin, and unanimously carried to approve the Use Permit for Darren Chapla subject to the findings and conditions listed below: Adopt a Negative Declaration with the following findings: A. An Initial Study was completed in compliance with the Cali forn i a. Environmental Quality Act. Said study did not identify significant environmental effects; a Negative Declaration is proposed. B. The Planning Commission has considered the proposed 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 Darren Chapla, Planning Division File No. UP 03-08, will have a significant effect on the environment. D. The proposed Negative Declaration reflects the independent judgment and analysis ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUT_ES.■ JUNE 12, 2003 ■ PAGE 7■ I of the County, which is the Lead Agency. E. Adopt the Negative Declaration regarding environmental impacts, as detailed in the Agenda Report dated June 12, 2003. I 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. III. Recommend to the Planning Commission approval of Use Permit 03-08ifor Darren Chapla, subject to the following findings and the conditions in Exhibit "A": A. The proposed location, size, design, and operating characteristicsiof the proposed use are in accordance with the purpose of this Ordinance, the purpose of the zone in which the site is located, the Butte County General Plan, and the development policies and standards of the County because: Conditions of approval have been applied to this project after CEQA review. The project is in accordance with the purpose of the zone in which the land lies and the Butte County General Plan because the project site is designated Orchard and Field Crops! The Orchard and Field Crops land use designation allows "intense animal uses" as Secondary Uses. The A-160 zone allows kennels with approval of a Use Permit. B. The location, size, design, and operating characteristics of the proposed use would be compatible with, and would not adversely affect, or be detrimental to adjacent uses, residents, buildings, structures, or natural resources, with consideration given to: 1. Harmony in scale, bulk, coverage," and density: The proposed project will involve the construction of a second building. The size of the structures is 576 square feet each and would 'be minimal in bulk and coverage on the 455 acre parcel. The buildings shall comply with Uniform Building Code requirements. No changes to density are proposed. 2. The availability of public facilities, services, and utilities: No additional services are needed to accommodate this project. I ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ JUNE 12, 2003 ■ PAGE 8■ • Ll 3. The harmful effect, if any, upon desirable neighborhood character: The surrounding properties are used for orchards and open space. The nearest residence is located approximately 2,500 feet from the proposed project site. The proposed use would not have deleterious impacts on the use of this residential property, as discussed in the Initial Study and summarized above in the section regarding CEQA Issues. 4. The suitability of the site for the type and intensity of use or development, which is proposed: The site is suited for the project because the property is developed with a building currently serving as a kennel. The proposed use will not impact the ongoing use of the remainder of the property. 5. Any other relevant impact of the proposed use: The Planning Division has circulated the proposed kennel use permit application to County Agencies, and other interested parties and has received no evidence that the use, with appropriate conditions, would cause any other relevant impact. 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. Development fees for the proposed non-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, School Fees, Park and Recreation District fees, Water and Sewer Service Fees, Permit and Plan Check Fees, and Fire Protection Fees. 2. The Kennel operator shall maintain a valid kennel license in accordance with Chapter 4, Sections 3 and 4 of the Butte County Code. 3. The kennel operator shall not create average noise levels in excess of 55 dB Leq at property lines. If average noise levels exceed this level for a 15 minute period or on a daily basis, noise mitigation measures shall be implemented that may include noise activated sprinkler systems, sound walls, or other methods approved by the Department of Development Services. Any necessary noise mitigation measures shall be installed within one month of being identified as necessary. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ JUNE 12, 2003 ■ PAGE 9■ 4. A Use Permit may be deemed revoked by the Planning Manager if the use for which the permit was granted has ceased or has been suspended for a period of twelve (12) consecutive months. The Facility may not encroach into, under, over, above, or upon any public street in the unincorporated area of the County in the absence of a valid encroachment permit from the County. 6. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. 7.' All outstanding application processing fees shall be paid prior to issuance of the Use Permit. Public Works 8. Prior to the issuance of building permits, deed to Butte County, in fee simple, 30 feet of right-of-way from the centerline of Cana Pine Creek Road. The 30 feet will run the length of the property, approximately 4,675 feet, which fronts along Cana Pine Creek Road. 9. Prior to the issuance of building permits for the kennel structures, 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, based on the kennel structures, 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. Building Division 10. Building permits are required, for both the existing and proposed buildings. Provide plans and calculations prepared, sealed, and signed by a California licensed architect or registered engineer verifying adequacy of building for proposed use. Design shall be in compliance with the 1998 California Building Codes. Butte County Animal Control 11. Install waste disposal system in accordance with Butte County Environmental Health regulations. The system will consist of an adequately sized septic tank and leachfield to catch washes from the dog runs and kennel floor. A closeable lid must be installed to prevent rainwater from flowing into the system. The kennel operator shall clean and remove all excrement from the kennel as needed to maintain a sanitary environment. The system must be installed under permit from the Butte County Environmental Health Division. 12. Maximum number of dogs is forty-nine (49). 13. All dogs over four (4) months of age shall be immunized by a licensed veterinarian with a State of California approved serum. Approved rabies certificates shall be filed with Butte ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ JUNE 12, 2003 ■ PAGE 10■ County Animal Control (BCAC) within ten (10) days of obtaining a new dog or after a dog reaches four (4) months of age. Certificates shall be provided to BCAC for dogs currently housed at the facility. - 14. No dogs shall be allowed to roam the property. Except for up to 5 personal dogs, all dogs shall be kept secured 24 hours a day unless being exercised, which shall be done under the verbal or leashed control of the operators. Except for up to five personal dogs, no dogs shall be left outside the kennel without direct supervision. County Counsel 16. 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 indemnify the County of Butte 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. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ JUNE 12, 2003 ■ PAGE I I ■ County of Butte Oroville, California GENERAL CLAIM VA DATE OF CLAIM: June 23, 2003 IMPORTANT: m. SEE INSTRUCTIONS CLAIMANT: DarrenCx'Chapia, ;f:� , .;ri , x ry ADDRESS: qT_%%-Road. BELOW CITY, STATE: SUBMIT CLAIM TO DEPARTMENT RECEIVING GOODS OR SERVICES DATE DESCRIPTION OF CLAIM (DESCRIBE FULLY TO AVOID DELAY) AMOUNT June 23, 2003 REFUND of remaining funds on Planning Application UP 03-08, AP #047-060-056 Approved/Final June 12, 2003. See Detail $188.62 ATR 63791, Dated"5/19/03 TOTAL $ 188.62 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. -yc :*mw. MEN "Dated this rdayaof ''"'r'� 2003at ::, Ymf �T � _ 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 AppropriatEl 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 4210900 PAYABLE FROM GENERAL FUND DO NOT WRITE BELOW THIS LINE - AUDITOR -P USE ONLY DEPT & SUB. PROJ. 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 r • Butte County Department ofDevelopment Services Administration - AR 7 County Center Drive Oroville, CA 95965 (530) 538.7601 Telephone UP 03-08 File: UP 03=08 APN: 047=060-056 Applicant: Darren C. Chapla Date: June 23, 2003 3793 Road QQ Orland, CA 95963 REFUND UP 03.08 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 maybe 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 receive a FINAL INVOICE. Deposit Date: December 30, 2002 Receipt: 20916, Check 4501 Total Payment: $1,114.00 Add'I Payment May 19,-2003 Receipt: 21177, Check 4535 Total Payment: $971.81 Environmental Health $185.00 Land Development $150.00 CDF/Fire Department $43.00 NOD/NOE Filing Fee $36.00 DEVELOPMENT SERVICES/PLANNING DEPOSIT $ following charges have been applied to the processing of your application: Professional Planner Mapping Clerical Publishing 700.00 $ 971.81 TOTAL PAYMENTS RECEIVED $ 1,671.81 $ 1,136.14 $ 51.00 $ 235.50 $ 60.55 TOTAL CHARGES $ 19483.19 REFUND AMOUNT: $ 188.62 County Code 3-44 Hourly fees; deposits; billing procedures. County code requires when the initial deposited funds are depleted to it equal to 25% of the original deposit, no processing of the application will occur until the applicant deposits sufficient funds to restore a balai to the amount of the initial deposit, or a lesser amount as determined by the Director of Development Services. In the event the applicant di 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. Biller: REFUND DUE TO YOU $ (188.62; K:\FISCAL ADMIN\BILLINGS 8 REFUNDS\REFUNDS\Chapla UP 03-08 Ref2 062303.xis • • Ak� 6/23/2003 Butte County Department of Development Services + 12:04 PM Pre -bill Worksheet Page 1 Selection Criteria Applicant (handsel Include: Chapla UP 03-08 Nickname Chapla UP 03-08 1 UP 03-08 Full Name Darren C. Chapla Address 3793 Road QQ Orland CA 95963 Phone 1 (530) 865-2794 Phone 2 Phone 3 Phone 4 In Ref To Fees Arrg. By billing value on each slip Expense Arrg. By billing value on each slip Tax Profile Exempt Last bill 12/31/2002 Last charge 6/16/2003 Last payment 5/19/2003 Amount Date Employee ID Task 1/6/2003 Mark Michelena 41895 P Processing 1/7/2003 Lynn R. 41908 C' Clerical SET-UP 1/13/2003 Mark Michelena 42062 P Processing CEQA 1/14/2003 Mark Michelena 42078 P BEGIN INITIAL STUDY/RESEARCH 1/14/2003 Diana S. 42301 Mapping Labels 1/23/2003 Mark Michelena 42165 202 Initial study/envir. documents Pic ,41 nw 01136,14 r` jC'Xi ceu 1 r $971.81 �'„'1bO(OZ` Rate Hours Amount Total _ Markup % DNB Time DNB Amt 59.00 0.50 02 ._50> Billable 45.00 1.00 ti45.00 - Billable 59.00 1.09 64:31 Billable 59.00 0.5029 Billable 34.00 1.5051.00 Billable 59.00 0.50 29.50 Billable 6/23/2003 Butte County Department of Development Services 12:04 PM Pre-bill Worksheet Page 2 Chapla UP 03-08:Darren C. Chapla (continued) Date Employee Rate Hours Amount Total ID Task Markup % DNB Time DNB Amt._ 2/4/2003 Mark Michelena 59.00 0.50 29.50- Billable 42271 CEQA Initial studies, mitigations, negative declarations and EIRs-includes analysis 2/5/2003 Mark Michelena 59.00 0.50 29.50 Billable 42286 CEQA Initial studies, mitigations, negative declarations and EIRs-includes analysis 2/6/2003 Mark Michelena 59.00 0.5029` 50� Billable 42295 CEQA Initial studies, mitigations, negative declarations and EIRs-includes analysis 2/12/2003 Mark Michelena 59.00 0.50 �29 0 Billable 42344 Reports Reports & analysis on application 2/13/2003 Mark Michelena 59.00 1.00 �5 .00 Billable 42360 Reports Reports & analysis on application 2/20/2003 Mark Michelena 59.00 0.5029.50 Billable 42422 CEQA Initial study 2/27/2003 Mark Michelena 59.00 1.00 �5900 Billable 42481 CEQA Initial study �__--�� 3/4/2003 Mark Michelena 59.00 0.50 2� 9:50 ' Billable 42518 CEQA Initial studies, mitigations, negative declarations and EIRs-includes analysis 3/10/2003 Cheryl S. 45.00 0.08 r, 3.75 Billable 42584 Administrative Billing/administrative tasks not related to actual processing of application 3/13/2003 Mark Michelena 59.00 1.005900 Billable 42712 CEQA Initial studies, mitigations, negative declarations and EIRs-includes analysis 6/23/2003 Butte County Department of Development Services 12:04 PM Pre -bill Worksheet Chapla UP 03-08:Darren C. Chapla (continued) Date Employee Rate Hours ID Task Markup % DNB Time Amount DNB Amt Page 3 Total 3/17/2003 Mark Michelena 59.00 0.50 V29-50-) Billable 42734 CEQA — J Initial studies, mitigations, negative declarations and EIRs-includes analysis 3/21/2003 Mark Michelena 59.00 0.25 14.75-' Billable 42804 CEQA Initial study - CEQA 4/22/2003 Mark Michelena 59.00 0.50 29..507) Billable 43015 CEQA Initial studies, mitigations, negative declarations and EIRs-includes analysis 4/25/2003 Mark Michelena 59.00 0.75 X44-25 Billable 43083 Reports Reports & analysis on applications 4/28/2003 Mark Michelena 59.00 0.58 c34-4.27 Billable 43086 CEQA U Initial studies, mitigations, negative declarations and EIRs-includes analysis 4/28/2003 Mark Michelena 59.00 0.50 r29.50-�? Billable 43090 CEQA Initial studies, mitigations, negative declarations and EIRs-includes analysis 4/28/2003 Mark Michelena 59.00 0.17 983 Billable Billable 43091 Phone/Counter Phone calls 5/2/2003 Mark Michelena 59.00 0.50 2929 Billable 43165 CEQA Initial studies, mitigations, negative declarations and EIRs-includes analysis 5/2/2003 Mark Michelena 59.00 2.25132.-75 Billable 43167 Field Review FieldReview includes travel time 5/8/2003 Mark Michelena 59.00 0.50 29750---1 Billable 43229 CEQA Initial studies, mitigations, negative declarations and EIRs-includes analysis 6/23/2003 Butte County Department of Development Services 12:04 PM Pre -bill Worksheet Chapla UP 03-08:Darren C. Chapla (continued) Date Employee Rate Hours ID Task Markup % DNB Time Amount DNB Amt Page 4 Total 5/9/2003 Cheryl S. 45.00 0.25 11.25 Billable 43212 Administrative Billing/administrative tasks not related to actual processing of application 5/14/2003 Mark Michelena 59.00 0.25 1-4-75 Billable 43271 Reports - " Reports & analysis on applications 5/19/2003 Lynn R. 45.00 1.00 ^ 45.00 Billable 43254 Clerical/N Publish 5/20/2003 Mark Michelena 59.00 0.50 29.50 Billable 43283 Phone/Counter Phone calls 5/20/2003 Mark Michelena 59.00 0.25 C143 Billable 43284 Reports Reports & analysis on applications 5/21/2003 Mark Michelena 59.00 0.17 983, Billable 43290 Phone/Counter Phone call 5/22/2003 Mark Michelena 59.00 0.17 C9_8 3 Billable 43279 Phone/Counter Phe call - EH/AC 5/22/2003 Mark Michelena 59.00 0.25 (4.75 Billable 43280 Correspondence Correspondence - e-mail Chapla 5/29/2003 Mark Michelena 59.00 0.50 �29-50D Billable 43409 Reports Reports & analysis on applications 6/3/2003 Mark Michelena 59.00 0.2514.75 Billable 43452 Reports Report 6/3/2003 Mark Michelena 59.00 0.50 2� 9.50 Billable 43454 Meetings �- -� Meeting 6/4/2003 Mark Michelena 59.00 1.00 x-59.00 Billable 43480 Reports Reports & analysis on applications 6/23/2003 Butte County Department of Development Services 12:04 PM Pre -bill Worksheet Chapla UP 03-08:Darren C. Chapla (continued) Date Employee Rate Hours Amount ID Task Markup % DNB Time DNB Amtj 6/5/2003 Lynn R. 45.00 0.83 •-37:50 43473 Correspondence Letter, proof report, copy 6/5/2003 Lynn R. 45.00 0.15 43474 Clerical Packets 6/12/2003 Lynn R. 45.00 0.67 43539 Meetings Arranging and attending meetings (does not incl. public hearings) 6/12/2003 Lynn R. 45.00 0.15 43542 Correspondence Letter 6/12/2003 Lynn R. 45.00 1.02 43545 Clerical/Min Minutes related to applications 6/16/2003 Cheryl S. 45.00 0.08 43533 Administrative Billing/administrative tasks not related to actual processing of application 6/16/2003 Mark Michelena 59.00 0.33 43548 Hearings Public hearing 6.751 (30.00 ---6.751 —45.75 Page 5 Total Billable Billable Billable Billable Billable '-3.75 1 Billable 19:67 Billable TOTAL Billable Fees 25.99 $1,422.64 Date Employee Price Quantity Amount Total ID Expense Markup % 5/22/2003 Lynn R. 60.55 1.000 60.55 Billable 43431 Publishing (v _ Publishing in newspaper - Chico Enterprise Record Thursday, May 22, 2003 TOTAL Billable Costs $60.55 6/23/2003 Butte County Department of Development Services 12:04 PM Pre -bill Worksheet Page 6 Chapla UP 03-08:Darren C. Chapla (continued) Calculation of Fees and Costs Amount Total Fees Bill Arrangement: Slips By billing value on each slip. Total of billable time slips $1,422.64 Total of Fees (Time Charges) $1,422.64 Costs Bill Arrangement: Slips By billing value on each slip. Total of billable expense slips $60.55 Total of Costs (Expense Charges) $60.55 Total new charges $1,483.19 Accounts Receivables DatelID Type Description 12/31/2002 CRED Deposit - Receipt #20916 ($700.00) 2012 12/31/2002 INV Invoice-NOD/NOE filing fee due $36.00 2438 12/31/2002 PAY Payment - Receipt 20916 ($36.00) 2439 5/19/2003 PAY Payment ($971.81) 2396 Receipt #21177. Check No. 4535 Total Accounts Receivable ($1,671.81) New Balance Current $1,483.19 Unapplied ($1,671.81) Total New Balance ($188.62) Amount to replenish account to $700.00 $700.00 COUNTY OF BUTTE • FIELD NUMBER OROVILLE, CALIFORNIA s.0.. # PURCHASE ORDER 292.604 S Chico Enterprise Record U Attn: Donna P P.O. Box 9 P Chico, CA 95927 L I E R Issued By DDS/Planning Division Department DATE ONTY INVOICE NUMBER AND -DESCRIPTION AMOUNT CHAFGE T s.0.. # 5/19/03 AMOUNT NOTICE OF PUBLIC HEARING 440-001-53 2 To be published in the Chico Enterprise Record 3 on Thursday, May 22, 2003. 4 Please furnish this office two copies of the affidavit of 5 Publication. 6 Miller UP 03-12 and'Chapla UP 03-08 r (A P_ I -6'0 LA ©3 08- co ,✓ Butte County Planning L nn - 538-7602 7 County Center Drive Oroville, CA 95965 11 TOTALS />( / . / U " 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 and that there is a Budget Appropriation for the same. F 292604 Date:a—Nepartment ea or Authorized Ueputy Submit WHITE, CANARY and PINK to PURCHASING SERVICES with supplier's invoice. Retain GOLDENROD .'UrruC:r-, ivv. 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 5/19/2003 Butte County Department of Development Services 10:21 AM Pre -bill Worksheet Selection Criteria /3 P Page 1 Applicant (handsel Include: UP 03-08 Nickname UP 03-08 1 Chapla Full Name Darren C. Chapla Address 3793 Road QQ Orland CA 95963 Phone 1 (530) 865-2794 Phone 2 Phone 3 Phone 4 In Ref To Fees Arrg. By billing value on each slip Expense Arrg. By billing value on each slip Tax Profile Exempt Last bill Last charge 5/9/2003 Last payment 5/19/2003 Amount $971.81 Date Employee Rate Hours Amount Total ID Task Markup % DNB Time DNB Amt 1/6/2003 Mark Michelena 59.00 0.50 29.50 Billable 41895 P Processing 1/7/2003 Lynn R. 45.00 1.00 45.00 Billable 41908 C Clerical SET-UP 1/13/2003 Mark Michelena 59.00 1.09 64.31 Billable 42062 P Processing CEQA 1/14/2003 Mark Michelena 59.00 0.50 29.50 Billable 42078 P BEGIN INITIAL STUDY/RESEARCH 1/14/2003 Diana S. 34.00 1.50 51.00 Billable 42301 Mapping Labels 1/23/2003 Mark Michelena 59.00 0.50 29.50 Billable 42165 202 Initial study/envir. documents 5/19/2003 Butte County Department of Development Services 10:21 AM Pre-bill Worksheet UP 03-08:Darren C. Chapla (continued) Date Employee Rate Hours ID Task Markup % . DNB Time Amount DNB Amt Page 2 Total 2/4/2003 Mark Michelena 59.00 0.50 29.50 Billable 42271 CEQA Initial studies, mitigations, negative declarations and EIRs-includes analysis 2/5/2003 Mark Michelena 59.00 0.50 29.50 Billable 42286 CEQA Initial studies, mitigations, negative declarations and EIRs-includes analysis 2/6/2003 Mark Michelena 59.00 0.50 29.50 Billable 42295 CEQA Initial studies, mitigations, negative declarations and EIRs-includes analysis 2/12/2003 Mark Michelena 59.00 0.50 29.50 Billable 42344 Reports Reports & analysis on application 2/13/2003 Mark Michelena 59.00 1.00 59.00 Billable 42360 Reports Reports & analysis on application 2/20/2003 Mark Michelena 59.00 0.50 29.50 Billable 42422 CEQA Initial study 2/27/2003 Mark Michelena 59.00 1.00 59.00 Billable 42481 CEQA Initial study 3/4/2003 Mark Michelena 59.00 0.50 29.50 Billable 42518 CEQA Initial studies, mitigations, negative declarations and EIRs-includes analysis 3/10/2003 Cheryl S. 45.00 0.08 3.75 Billable 42584 Administrative Billing/administrative tasks not related to actual processing of application 3/13/2003 Mark Michelena 59.00 1.00 59.00 Billable 42712 CEQA Initial studies, mitigations, negative declarations and EIRs-includes analysis 5/19/2003 Butte County Department of Development Services 10:21 AM Pre-bill Worksheet Page 3 UP 03-08:Darren C. Chapla (continued) Date Employee Rate Hours Amount Total ID Task Markup % DNB Time DNB Amt 3/17/2003 Mark Michelena 59.00 0.50 29.50 Billable 42734 CEQA Initial studies, mitigations, negative declarations and EIRs-includes analysis 3/21/2003 Mark Michelena 59.00 0.25 14.75 Billable 42804 CEQA Initial study - CEQA 4/22/2003 Mark Michelena 59.00 0.50 29.50 Billable 43015 CEQA Initial studies, mitigations, negative declarations and EIRs-includes analysis 4/25/2003 Mark Michelena 59.00 0.75 44.25 Billable 43083 Reports Reports & analysis on applications 4/28/2003 Mark Michelena 59.00 0.58 34.42 Billable 43086 CEQA Initial studies, mitigations, negative declarations and EIRs-includes analysis 4/28/2003 Mark Michelena 59.00 0.50 29.50 Billable 43090 CEQA Initial studies, mitigations, negative declarations and EIRs-includes analysis 4/28/2003 Mark Michelena 59.00 0.17 9.83 Billable 43091 Phone/Counter Phone calls 5/2/2003 Mark Michelena 59.00 0.50 29.50 Billable 43165 CEQA Initial studies, mitigations, negative declarations and EIRs-includes analysis 5/2/2003 Mark Michelena 59.00 2.25 132.75 Billable 43167 Field Review Field Review includes travel time 5/9/2003 Cheryl S. 45.00 0.25 11.25 Billable 43212 Administrative Billing/administrative tasks not related to actual processing of application TOTAL Billable Fees 17.42 $971.81 0 0 5/19/2003 Butte County Department of Development Services 10:21 AM Pre -bill Worksheet UP 03-08:Darren C. Chapla (continued) Amount Total of billable expense slips Page 4 Total $0.00 Calculation of Fees and Costs Amount Total Fees Bill Arrangement: Slips By billing value on each slip. Total of billable time slips $971.81 Total of Fees (Time Charges) $971.81 Total of Costs (Expense Charges) $0.00 Total new charges Accounts Receivables DatelID Type Description 12/31/2002 CRED Deposit - Receipt #20916 2012 12/31/2002 REF NOD/NOE FEES PAID #20916 2013 5/19/2003 PAY Payment 2396 Receipt #21177. Check No. 4535 Total Accounts Receivable New Balance Current Unapplied Total New Balance ($736.00) $36.00 ($971.81) $971.81 ($1,671.81) Amount to replenish account to $700.00 $700.00 $971.81 ($1,671.81) ($700.00) Butte County Deparonent ofDevelopment Services Administration - AR r 7 County Center Drive Oroville, CA 95965 (530) 538.7601 Telephone Use Permit Applicant: Darren Chapla 3793 road QQ Orland, CA 95963 • File:'UP 03-08 APN: 047-060-056 Date: May 9, 2003 INVOICE UP 03.08 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 receive a FINAL INVOICE. The following charges have been applied to the processing of your application: Professional Planner $ 860.81 Mapping 51.00 Clerical 60.00 TOTAL CHARGES: $ 971.81 The following payments have been applied to your application: Deposit Disbursement: Deposit Date: December 30, 2002 Environmental Health $185 Receipt: , 20916, Check 4501 Land Development $150.00 Total Payment $1,114.00 'CDF/Fire Department $43.00 NOD/NOE Filing Fee $36.00 DEVELOPMENT SERVICES - PLANNING DEPOSIT: $ (700.00) The costs thus far in processing your application have exceeded the deposited/paid amount by: $ 271.81 An additional deposit Is required to continue processing this application $ 700.00 TOTAL -PLANNING FEES DUE $ 971.81 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 not provide sufficient funds to continue processing an application, the application will be denied. Make checks payable to: Butte County Treasurer and send it to us at the above address. Should you have any questions, please call Accounts Receivable from 8:00 a.m. to 4 p.m., Monday through Friday. AMOUNT DUE AND PAYABLE Biller. CS May 27, 2003 � - 971.81: a K:\FISCAL ADMIMBILLING LETTERS\SENT BILLINGS\050903 Inv Chapla UP 03-08.xis • • P 5/9/2003 Butte County Department of Development Services 3:02 PM Pre -bill Worksheet Selection Criteria Applicant (hand sel Include: Chapla UP 03-08 Nickname Chapla UP 03-08 1 UP 03-08 Full Name Darren C. Chapla Address 13793 Road QQ DNB Amt Orland CA 95963 Phone 1 (530) 865-2794 Phone 2 Phone 3 Phone 4 In Ref To Fees Arrg. By billing value on each slip Expense Arrg. By billing value on each slip Tax Profile Exempt Last bill 1.09 Last charge 5/9/2003 Last payment Amount $0.00 Date Employee ID Task 1/6/2003 Mark Michelena 41895 P Processing 1/7/2003 Lynn R. 41908 C Clerical SET-UP 1/13/2003 Mark Michelena 42062 P Processing CEQA 1/14/2003 Mark Michelena 42078 P BEGIN INITIAL STUDY/RESEARCH 1/14/2003 Diana S. 42301 Mapping Labels 1/23/2003 Mark Michelena 42165 202 Initial study/envir. documents Page 1 -70-0 09fmt t 77� = 2-5-06 Rate Hours Amount Total Markup % DNB Time DNB Amt 59.00 0.50 29.50 Billable 45.00 1.00 4 00 Billable 59.00 1.09 64.31 Billable 59.00 0.50 29.50 Billable 34.00 1.505� Billable 59.00 0.50 29.50 Billable P�a� � alma • �r oko. f c c C�� • 17141 /66'r _ q -7 .. • 5/9/2003 Butte County Department of Development Services 3:03 PM Pre -bill Worksheet Page 2 Chapla UP 03-08:Darren C. Chapla (continued) Date Employee Rate Hours ID Task Markup % DNB Time Amount DNB Amt Total 2/4/2003 Mark Michelena 59.00 0.50 29.50 Billable 42271 CEQA Initial studies, mitigations, negative declarations and EIRs-includes analysis 2/5/2003 Mark Michelena 59.00 0.50 29.50 Billable 42286 CEQA Initial studies, mitigations, negative declarations and EIRs-includes analysis 2/6/2003 Mark Michelena 59.00 0.50 29.50 Billable 42295 CEQA Initial studies, mitigations, negative declarations and EIRs-includes analysis 2/12/2003 Mark Michelena 59.00 0.50 29.50 Billable 42344 Reports Reports & analysis on application 2/13/2003 Mark Michelena 59.00 1.00 59.00 Billable 42360 Reports Reports & analysis on application 2/20/2003 Mark Michelena 59.00 0.50 29.50 Billable 42422 CEQA Initial study 2/27/2003 Mark Michelena 59.00 1.00 59.00 Billable 42481 CEQA Initial study 3/4/2003 Mark Michelena 59.00 0.50 29.50 Billable 42518 CEQA Initial studies, mitigations, negative declarations and EIRs-includes analysis 3/10/2003 Cheryl S. 45.00 0.083.-75 �— Billable 42584 Administrative Billing/administrative tasks not related to actual processing of application 3/13/2003 Mark Michelena 59.00 1.00 59.00 Billable 42712 CEQA Initial studies, mitigations, negative declarations and EIRs-includes analysis 5/9/2003 Butte County Department of Development Services 3:03 PM Pre -bill Worksheet Chapla UP 03-08:Darren C. Chapla (continued) Date Employee Rate Hours ID Task Markup % DNB Time 3/17/2003 Mark Michelena 59.00 0.50 42734 CEQA Initial studies, mitigations, negative declarations and EIRs-includes analysis 3/21/2003 Mark Michelena 59.00 0.25 42804 CEQA Initial study - CEQA 4/22/2003 Mark Michelena 59.00 0.50 43015 CEQA Initial studies, mitigations, negative declarations and EIRs-includes analysis . 4/25/2003 Mark Michelena 59.00 0.75 43083 Reports Reports & analysis on applications 4/28/2003 Mark Michelena 59.00 0.58 43086 CEQA Initial studies, mitigations, negative declarations and EIRs-includes analysis 4/28/2003 Mark Michelena 59.00 0.50 43090 CEQA Initial studies, mitigations, negative declarations and EIRs-includes analysis 4/28/2003 Mark Michelena 59.00 0.17 43091 Phone/Counter Phone calls 5/2/2003 Mark Michelena 59.00 0.50 43165 CEQA Initial studies, mitigations, negative declarations and EIRs-includes analysis 5/2/2003 Mark Michelena 59.00 2.25 43167 Field Review Field Review includes travel time 5/9/2003 Cheryl S. 45.00 0.25 43212 Administrative Billing/administrative tasks not related to actual processing of application Page 3 Amount Total DNB Amt 29.50 Billable 14.75 Billable 29.50 Billable 44.25 Billable 34.42 Billable 29.50 Billable 9.83 Billable 29.50 Billable 132.75 Billable 1=1=25 Billable • 5/9/2003 Butte County Department of Development Services 3:03 PM Pre -bill Worksheet Chapla UP 03-08:Darren C. Chapla (continued) TOTAL Billable Fees Total of billable expense slips Calculation of Fees and Costs Fees Bill Arrangement: Slips By billing value on each slip. Total of billable time slips Total of Fees (Time Charges) Total of Costs (Expense Charges) Total new charges Accounts Receivables DatelID Type Description 12/31/2002 CRED Deposit - Receipt #20916 2012 12/31/2002 REF NOD/NOE FEES PAID #20916 2013 Total Accounts Receivable New Balance Current Unapplied Total New Balance Amount to replenish account to $700.00 Amount 17.42 Page 4 Total $971.81 $0.00 Amount Total $971.81 ($736.00) $36.00 $971.81 ($700.00) $700.00 $971.81 $0.00 ($700.00) COUNTY OF BUTTE - AUDITOR'S CEWFiFICATE AND MEASURER'S RECEEFT ORO--ALLE, CA RECEEVED FROM PLANNU-40 BAG fe 312 DESCRI PTOON DEPOSIT DATE: 1-2 RECEIPTS: 20316-20919 FUND TITLE ATR NO DATE FUND DEPT ACCT CASE - CODE CODE CODE CODE PLANNONG APPL FEES QEf4L 0@10 Prallect Number 0047-050-0551( Chapla ESP 03-09 € OCUME€ 7fCOP%f SALES - GENL 0010 LAND DEVELOPMENT GE14L W10 Project Number 7-050-056 K Chap13 UP 03-08 EEvE ROMMENTAL P.LTH GENL 0010 Pmjeat Number *047-050-0561^ Ch3pla UP 03-08 FIRE PLNG APPL FEE FIRE PROTECT 0100 Projeet Number #047-050-050 K Chapla UP 03-08 NODINOE CLERK'S FILINGS FE fiEENL 0010 (M) P€ject Number ..047-060-0561'. Chapla UP 03-08 1305027 102003 AMOUNT �'� 4.ryif0 1t&11 1.S�e. ,:daunt of Fee $700 4402101B 4711910 i0im1 1-62.0$ 440004 4591700 161031 160.w Amount of Fee $1-50 540M 4S14E01 101WI Amount � Fee $41813- 4617240 13546S'17240 101001 Amount of Fee $43 470M, 1 4912319 1016001 Amount of Fee $30 135.00 TOTAL 1,955.00 APPROVE; BY: RECEPOVED BY: AUDI OR -CCE OLLEE TREASURER xCn CSi � €eFL6 5L�:a= Fkdt��e F c^51FUWiEC�=��4 �Cn' �i E g-15de e-oEi�=1'G�e v ,. ov COUNTY OF BUTTE AUDITOR-S•CERTIFIC;ATE AND TREASURER'S RECEIPT OROYILLE, CA ATR NO 00027 RECEIVED FROM PLANNING BAG # 312 DATE 11212003 FUND FUND DEPT ACCT CASE -9 DESCRIPTION TITLE CODE CODE CODE CODE AMOUNT DEPOSIT DATE: 1 RECEIPTS: 216-19 PLANNING ADPL FEES GENL 0010 44=1 4210M 101001 1,525.00 . Project Number Amount of Fee 0047-060-056 K Chapla UPp8 $700 DOCUME:PTTICOPY SALES GEN[ 0810 440001 4711910 1010311 LAPID DEVELOPMENT GENL 0010 Project Number #047-080-056 K Chapla UP 03-08 ENVIRONMENTAL HLT H GENL 0010 Pmject plumber. #047-060-056 K Chapla UP 03-08 FIRE PLNG APPL FEE FIRE: PROTECT 0100 Project Number #047-060-056 K Chapla UP 03-08 NODINOE CLERK'S FILING FE GENL 0010 ($W) Project Number #047-060-056 K Chapla UP 03-08 440004 4611700 101001 Amount of Fee $150 540 4614901 101001 Amount of Fee $185 461724 101001 Amount of Fee $43 470001 4612319 101001 Amount of Fee $36 16.03y 10.00 185.00 43.00 36.00 TOTAL 1,955.00 APPROVED BY: RECEIVED BY: AUDITOR -CONTROLLER TREASURER By: By: weate=treasurer pink --auditor canagy--depositor _-.gciden mule la,11% 010-flb e//y t;r0 `�Oc� 1 $ //3 3G F'& -f- p~�y -- _i _.. „ - DATE RECEIPT NO. TOTAL RECEIVED PUBLIC I WORKS LAFCO PLANNING PUBLIC SALES ENV. HEALTH FIRE NOEMOD F/G FEE OTHER APPLICANT RECEIVED FROM 014. 03 ro F OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING RECEIPT 20916' ISSUED BY --- --.--- • � v� � i� • LILT vi 46 ii/i • i V4" Lm • iVi/►J } BUTTEXOUNTY UNIFORM APPIiCATION NAME ( If applicant is different from owner an affidavit is required) ASSESSOR'S PARCEL NUMBER: ej'l C. CJ-±: flgx' ?-' O (00 -- 65-6 ADDRESS: CITY, STATE dt: ZIP CODE. FILE NUMBER: (FOR OFFICE USE) 3? t� RD 0 OaUNO CA 01 p4C3 NAME OF PROPOSED PROJECT (If any) TELEPHONE CoRtv�2S r�ErN.-Jv- LOCATION OF PROJECT ( Major cross streets and Address, if any) CAVA NNE CR%tV, RD ANO CSA (3iwrlL CREF.f4 GENERAL INIaORMATION 1tE0UIRED ,. j OWNER'S NAME DAXR%tet ArJb 1`X1. eAAP LA TELEPHONE ADDRESS: I 3 K,0 q Q CITY. STATE & ZIP CODE: C4 -t ANp CA Ok 5-9&3 ZONE GENERAL PLAN EXISTIIVG LAND USESTIE SJZE (m Square Feet or Acres ) LksS Okc-i ARD .iS��BT f .t��$ EXISTING STRUCTURES (in Square Feu) PR POSED STRUCTURES (in Square Fed) .S/qu4 (Check One) (Check One) O PROPERTY IS OR PROPOSED TO BE SEWERED O PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER PROPERTY IS OR PROPOSED TO BE ON SEPTIC PROPERTY IS OR PROPOSED TO BE ON WELL WATER 0 GENERAL PLAN AMENDMENT O REZONE X USE PERMIT `*INOR USE PERMIT O VARIANCE 17 MINOR VARIANCE APPLICATION REQUESTED L DEC 31 2002 O bUITE GOUNTY PLANNING DIVISI_�_ TENTATIVE SUBDMSION MAP TENTATIVE PARCEL MAP WAIVER OF PARCEL MAP LINE MODIFICATION LOT DETERMINATION TE OF MERGER O ADMMISTRA71W PERMIT t--"'�— O MINING AND RECLAMATION PLAN i E3 DEVELOPMENT AGREEMENT O OTHER • -- -- •--• _ -- _ PROIFIT nFCC'RiD77nN -- -- - FULL DESCRIPTION OF PROPOSED PROJECT (Attach --necessary sheets. If this application is for a land division, describe the ntyAber gnat; size of parcels.) A4 A P _ ', OWNER CERTIFICATION I CERT'FY THAT IAM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER, l ACKNOWLEDGE THE FR24G OF THLT APPLICATION AND CERTIFY THAT ALL OF THE ABOVE 1NFDRMATION IS TRUE AND ACCURATE. (if an agent is to be autbnriae4 exc to an affidavit d autbotiation and ' The affidavit with this application.) DATE: /-5— 0ee O Z SIGNATURE: AGENT AUTHORIZATION04 To Butte County, Department of Development Services; a)ARREtJ CSN 0%P UA ' 530 a 845- a i 9 4-- Pnnt Name of Agent and Phone Number 37 93 Mailing Address (Z�Ai q S 9 6 is hereby authorized to process this application for �G 1�,bv-AV EL on my property, identified as Butte County Assessor Parcel Number 0+7 a- © GO. — 0516 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) Architect and/or Engineer: Print Name of Architect/Engineer and Phone Number mailing naaress FOR OFFICE USE ONLY Verify: Date Received: 39 dere o nDErEF0\11_E Total Amount Received: .///�L -� AP Number(s) Legal Description Owners AuthorizationZoning Requirements Project Description Copies of plot plan Taken by Receipt No. 9-0f6 E.H. LD /TO Plan FD24 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", • COUNTY OF BUTTE ENVIRONMENTAL INFORMATION FORM (To be Completed By Project Applicant) Date Filed _General Information: 1. Name and address of owner, and/or developer, and/or project sponsor. _QARt9-" C . CAAPLA 3183 m Q0 0(tLA4O CA R9101(o3 2. Address of project: Assessors Parcel Number:- y 70 G OOS 6 3. NSWe, address, and telephone number of person to be contacted concerning this project: Al2f2 "1V Wo KIELL.Y C, WA PLA A 4 ® Z7) a 4. List and describe any other related permits and other public approvals required for this project. including those required by city, regional, state and federal agencies:. ta/ A 5 Existing general plan designation: Ac,ttd r �. LT'uR 6 6. Existing zoning district: A 7. How is land currently used? 8. Proposed use of site (Project for which this form is filed 0%sCRZgM*ry f NSIL"T' Ati+o 0AP.P. f_� CN `�vec.ro tal, Project Description: /t 9. Site size: 45S 4c -p-05 (Acres/Sq. Feet) Off-street parking spaces: Full size: N i4 Compact: Plans attached Yes 4 No (E=T rah S\jiLD".C) 4, exPAaSfp,J Proposed development Associated Anticipated incremental or phased development 4 &-� '84, 21-3o/o.-3 ._- Ei,� ( Total: N /� RUILDWO DEC 31 2002 Attach description of project containing the following Information: Pt 15. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected. 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area and loading facilities. 17. If industrial, indicate type, estimated employment per shift, and loading facilities 18. If institutional, indicate the major function, estimated employment per shift, estimated. occupancy, loading ❑ Butte County Department of Development Services O Planning Division 0 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 cleparly why the application is required. If permits have already been issued, please attach as Exhibit 14 !A Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary). 0 Butte County Department of Development Services O Planning Division O 2 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 lands x public 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. _ is 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. 0 Butte County Department of Development Services O Planning Division O 2 Environmental Setting: (Attach brief description) 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be aooepted.. -E 33. Describe the surrounding properties, Including information on plants and animals and any cultural; historical, or scenic aspects. Indicate the type of land use (residential, commercial. etc.), intensity of land use (one- family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set- back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted: Certification Sr-E 01"Mt\e.NC—b , ks" 13Agpe"oP pLgr MraP, 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 Sig re for ISoCc 2 0 K TORMS\SUBMITTAUENWNFO DE_.ESE 0 EC 3 1 2002 BUTTE COUNTY PLANNING DIVISION O Butte County Department of Development Services O Planning Division O 3 USE PERMIT APPLICATION PACKET CHECKLIST This checklist is designed to assist applicants in making sure all necessary information is included in their application packet. Please include this checklist along with your submittal. Applicant Planner l 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. 02- ❑ ❑ 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) 00 0 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 Y? x 11 ". The detailed site plan must include: s. d Name and address of Applicant, Engineer and/or person who prepared. the plan Property lines and lot dimensions Assessor Parcel Number(s) and the street address. Proposed use and/or uses of the property. Proposed landscaping plan, if applicable. n ECEAVIEEf DEC3 1 2002 _.] au c1 -FU—ITE i +` S PLANNING DIVISION Dimensioned locations of existing and proposed improvements on the property (including, but not limited to, buildings, driveways, parking areas, wells, septic tanks and leach fields). ❑ 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 1S SUBMMTZ, THE APPLICATION WILL BE DEEMED INCOMPLETE. 1 It 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. l• ❑ Any existing faults or fractures and geologic hazards. El 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 of shut. k• ❑ All plans must be clear and legible. t4. ❑ One copy of 8 %:" x 11" transparency reduction of the detailed site plan. 5. ❑ A vicinity map showing closest major cross streets, zoning and existing land use. After a m ting with a B Ott ounty Planner the fallowing.checked it me will hp rpnuirea to he submitted at the tome of applica_ tion ^(o tional) u u un olored plans mounted on foam boards, which shall include an illustrative site plan, illustrative bui tions, and ans. ions o this requirem awed by the Planning Portions waved ❑YES ❑ NO U One (1) full size repro uci e e detaile • Building matena s on a samplerrr 9 • ❑ Detailed site plan including the following: a• ❑ Building setbacks from the ultimate road ri t-of-wa front :right-of-way ( rear, sides). b • ❑ Proposed and existing on-site driveways and/or roads. ds. C- (Do" ❑ Location, height, and materials of walls and fences (sections may be required). d • �=-� ❑ All driveways, drawn to scale on ctr t prn= ertiec within 100 feet of the subject site. ff INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 2 • 0 e. Elo� ❑ Existing curbs, gutters sidewalks and existing paving widths on-site or within 100 feet of the site, on adiskeent and across the street properties. f. r'"❑ Typical street section(s). g. El' ❑ Nearest cross streets on both sides with plus or minus distances from subject site. h. 0 ❑ Approximate location of all buildings within 100 feet, on adeacent properties. I. 3/o, ❑ Proosed method p of sewer and water connection or alternative method of sewage disposal and potable water supply. ❑ 'Existing � . fisting and nearest fire hydrants. k. ❑ Access, both pedestrian and vehicular, showing service areas and points of ingress and egress. 1. ❑ Internal circulation pattern. M ;e",00 Elevation contours, at a minimum per USGS maps. 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 necessary to illustrate the site plan. (Dimensions may be excluded from this plan.) Items to be shown include: a. ❑ ❑ Na areas to be preserved. b. ❑ ❑ Proposed cut and fill areas in contrasting colors of zipatone pattern. c. ❑ 10 Existing and proposed contours within 100 feet of project boundaries. IF INSUFFICIENT INFORMATION IS SUBMrrrED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 3 d. ❑ ❑ Proposed drainage flood control facilities. e. ❑ ❑ Erosion control asures (e.g. - slope landscaping). f. ❑ ❑ Natural dr ' age. g. ❑ ❑ Elev4 ons and finished contours. h. ❑ ❑ /�ocation of retaining walls, drainage channels and existing structures. I. ❑ Location, elevation and size of proposed building pads. 1�g eva ons 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: k �- , 0" . Applicant/Representative Signature: Planner Receiving Application K:\FORMSISWMrrAL\CHECKLMUSEPERNUYM Date 1 �� e2 Date: DEC 3 1 2002 �jj BUTTE COUNTY I PLANNING DIVISION IF INSUFFICIENT INFORMATION IS SUBMn-MD, THE APPLICATION WILL BE DEEMED INCOMPLETE. 4 44 4t DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT Darren C. Chapla 3793 Road QQ Orland, CA 95963 FILING NO. Project Title/file number: Use Permit, UP 03-08 APN: 047-060-056 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION () A. Statutorily or Categorically Exempt $36.00 Clerk's Documentary Handling Fee (X) 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. (X) PAYMENT: The above fees have been paid. See attached receipt(s). #20916 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 Dater August 11, 2003 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED_WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. :a e NOTICE OF DETERMINATION TO: — Office of Plan.& 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 03-08, Use Permit AP Number: 047-060-056 Applicant: Darren C. Chapla, 3793 Road QQ, Orland, CA 95963 State Clearinghouse Number (If submitted to clearinghouse): Contact Person: Mark Michelena Telephone Number: 538-7601 Project Location: on the westside of Cana Pine Creek Road, approximately 1 mile north of Broyles Road, at 15593 Cana Pine Creek Road, Chico. Project Description: Use Permit for an expansion of an existing kennel for 20 to 35 dogs This is to advise that the Butte County Planning Commission has approved the above-described project on June 12, 2002, and has made the following determinations regarding the above-described project: 1. The project will, X will not, have a significant effect on the environment. 2. An Environmental Impact Report was prepared for this project pursuant to.the provisions of CEQA. X A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures were, X were not, made a condition of the approval of the project. 4. A statement of overriding considerations was, X was not, adopted for this project. This is to certify that the final EIR with comments and responses and record of project approval is available to the general public at: Date received for filing and posting at OPR Butte County Department of Development Services. 7 County Center rive ��Oroyille, CA 95 irvonneistopngr Director - evelopment Services K:\Planning\PRO]ECTS\UPC\Chapla\NOD.wpd 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 03-08, on the westside of Cana Pine Creek Road, approximately 1 mile north of Broyles Road, at 15593 Cana Pine Creek Road, Chico. Project Description: Use Permit for an expansion of an existing kennel for 20 to 35 dogs Findings of Exemption (attach as necessary): 1. The County of Butte has conducted an initial study and prepared a Negative Declaration so as to evaluate the potential of this project for adverse environmental impact: 2. When considering the record as a whole, there is no evidence before the County that the project will have potential for an adverse impact on wildlife resources or the habitat upon which the wildlife depends. 3. The County of Butte has, on the basis of substantial evidence, rebutted the presumption of adverse effect contained in Section 753.5 (d), of Title 14, California Code of Regulations, if applicable. 4. The project is hereby found to be de minimis in its effect on wildlife and exempt from the State Fish and Game filing fees required by Section 711.4 of the Fish and Game Code. Certification: I hereby certify that the County of Butte hasmade the above findings of fact and that based upon the initial study and hearing record the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. Lead Agency: County of Butte Date: August 11, 2003 la/m/ax W -Y' tSo 700 1$S^ �3 36 tc���-� ccvye� .���•.74T-,r..-� o y - v�.� �.r,E• '' DATE RECEIPT NO. TOTAL RECEIVED PUBLIC WORKS LAFCO PLANNING PUBLIC SALES ENV. HEALTH FIRE NOE/NOD F/G FEE OTHER APPLICANT RECEIVED FROM D3 ro F OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING 5 RECEIPT 20916 ISSUED BY t. -UN 1 ' OF 'B ! 1 - �l. AUDITaR'S CER71FICA.TE AND —1 REASUREWS RECEEPT OROVfILLE, CA RECEIVED FROM PLANINIE40 BAG 6 312 DESCRIPTION FUEMID TITLE ATR NO DATE FUND DEPT ACCT CASH CODE CODE CODE CODE DEPOSIT DATE: 1-2 RECEIPTS:' 20316 m9 PLANNiNG APPL FEES GEW Cato 44=1 421 101001 Pruleet Numbel' Amount of Fee 7-050-055 K Chapla LP 03-08 $700 DOCUMENTiC€3PY SALES - GENL 0010 440&.11 $8J 910 laloal LAND DEVELOPMENT GENL 0010 44WU 4619700 10101 Project Numv ger Arnount of Fee #W-050-056 K Chapla UP 03-06 $i50 EWRONNEKE T AL HLT H GENL 0010 540M 4614901 9390.9 Pmject Number Amount of Fee '044-050-058 In Cha la UF 0.3-03 $1$5 FIRE PLWa APP(L FEE FIRE PROTECT 0100 46177240 901339 Project Number Amount of Fee #047-037-058 K Chapla UP 03-03 $43 MODINOE CLERK'S FILING FE GEHL 0010 ATOMS 4612319 10,0001 (M) Project Number Amount of Fee #047-06fl-0561 l' Chapla UP taG8 $36 60027 AMOUNT 1,525.00 16.00 953.60 185.00 43.07 39.03 TOTAL $ 1,955.00 APPROVED BY: RECEIVE® BY: AUDITOR -CONTROLLER TREASURER Ite--t aa�a r pEf*=audit-r canary -depositor : ga@den m�gle . 0 4r - u�iCV ounCt �- y L A N D O F 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 June 12, 2003 Darren C. Chapla 3793 Road QQ Orland, CA 95963 Re: Use Permit, AP 047-060-056, UP 03-08 Dear Mr. Chapla: At the regular meeting of the Butte County Planning Commission held June 12, 2003, your request for a Use Permit for an expansion of an existing kennel for 20 to 35 dogs , was approved subject to the conditions listed on the enclosures. Should you desire to appeal any of the conditions imposed by the Planning Commission, you must do so in writing, to the Clerk of the Board of Supervisors, 25 County Center Drive, Oroville, California, prior to 5:00 p.m., Monday, June 23, 2003. The appeal fee of $50.00 must be paid at that time. If you do not appeal and if there are no other appeal within the 10 calendar -day appeal period, the action of the Planning Commission is final. 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. 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. Please sign both copies of the Use Permit and return them to this Division. You must sign the Use Permit within thirty (30) days of the expiration of the appeal period. Both signed copies must be received, by this Division, within forty (40) days from approval of the permit by the Planning Commission. s The Use Permit is deemed granted when the enclosures have been signed by the applicant, with the counter signature of the Chairman of the Planning Commission, and said permit is received by the applicant by certified mail. Pursuant to Section 66020 (d) (2) of the Government Code you are hereby notified that you have 90 days to register a protest challenging any fees, dedications, reservations, or exactions imposed as conditions of approval for this project. Should you have any questions regarding this matter, please contact Mark Michelena at this office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, O6`�% 4G' OR ardson Planning/Administrative Support Services Assistant /lr Ofomis\approvup. fmi I ~ l III t7 ' `V��+r...•. �„�� . _ i __ _ - •- - ... .+ins _ _ . ��/sL • �� 6/,vl�° EU ite 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 June 5, 2003 Darren C. Chapla 3793 Road QQ Orland, CA 95963 Re: Use Permit, AP 047-060-056, UP 03-08 Dear Mr. Chapla: Enclosed is a .copy of the Agenda Report concerning your application for a Use Permit for an expansion of an existing kennel for 20 to 35 dogs on the westside of Cana Pine Creek Road, approximately 1 mile north of Broyles Road, at 15593 Cana Pine Creek Road, Chic6.. 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 June 12, 2003, at 9:00 a.m. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. The Planning Cor - ission 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\pclts\schedule.mrg TEHRMR COUNTY Location 1 416.46 A A-1 4,6.06 F Cana H s, Mkr. 2000 0 2000 4000 Feet BUTTE COUNTY PLANNING CONI MSSION Applicant: Darren C. Chapla Owner: same Hearing Date: June 12, 2003 @ 9:00 am. Existing Zone: A-160 (Agricultural -160 acre parcels) N Supervisorial Request: Use Permit for an expansion of an existing kennel for 20 to 35 dogs District # 2 Assessor Parcel No: 047-060-056 FBte:UP 03-08 : 35 Y 77.95 V `�4 r t Y e } f 1 i� � ♦ � h i� �* � rxs � Y,r � 4n. + s _i s'1Y A A-1 4,6.06 F Cana H s, Mkr. 2000 0 2000 4000 Feet BUTTE COUNTY PLANNING CONI MSSION Applicant: Darren C. Chapla Owner: same Hearing Date: June 12, 2003 @ 9:00 am. Existing Zone: A-160 (Agricultural -160 acre parcels) N Supervisorial Request: Use Permit for an expansion of an existing kennel for 20 to 35 dogs District # 2 Assessor Parcel No: 047-060-056 FBte:UP 03-08 BUTTE COUNTY PLANNNNING COMMISSION AGENDA REPORT June 12, 2003 Applicant: Darren C. Chapla File #: UP 03-08 Request: Use Permit for a commercial kennel, for up to 49 dogs, to raise, breed and sell. G.P.: Orchard and Field Crops Zoning: A-160 (Agricultural, 160 - acre parcels.) APN: 047-060-056 Location: On the west side of Cana Pine Creek Road, approximately one mile STAFF COMMENT: north of Broyles Road, at 15593 Cana Pine Creek Road, northwest of Chico Parcel Size: 455 acres (+/-) Zone date: April 29, 1975 (Ordinance 1573) Project Mark Michelena Planner: Associate Planner Supervisor District: 2 Attachments: A. Conditions of Approval B. Vicinity Map C. General Plan/Zoning Map Staff recommends approval of the Use Permit with findings and conditions. PROJECT DESCRIPTION/SITE CHARACTERISTICS: The applicant is requesting a Use Permit to allow a commercial dog kennel in an existing 576 - square foot building and proposed 576 -square foot building on an orchard and pasture property. The kennel would be for up to 49 dogs. Currently, an existing commercial kennel is in operation without acquiring the proper permit. This application is to bring the existing kennel into conformance, along with expanding the kennel up to 49 dogs. The use is to raise, breed and sell Bichon Frise and Havanese dogs. They are small dogs weighing between 10 to 15 pounds when fully grown. The dogs would be kept in pens inside the building and let out into a fenced -in area attached to the building. Sanitary sewer service for the project would be provided by aseptic tank. Water is, and would continue to be, obtained from a well on the site. As a condition of approval of the Use Permit, the applicant may be required to make changes to the existing building and that would ensure compliance with provisions of the Uniform Building Code, as adopted by the County. 0 BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT 0 PAGE 1 0 • 9 The kennel operator will arrange, by appointment, for a potential customer to come to the site to purchase the animal. The operation will not generate significant traffic on a daily basis since this is private commercial kennel for raising, breeding and selling dogs. The project site is located in the northwest part of the County, near the intersection of Broyles Road and Cana Pine Creek Road. Access to the kennel is off Cana Pine Creek Road. The site is relatively flat, includes an orchard, open space, Pine Creek flows from east to west on the south portion of the project site, and four unnamed tributaries run north to south on the property. The site is located in the 100 -year flood zone along Pine Creek and one of the tributaries. The project site is located west of an orchard, and surrounded on the other three sides by relatively flat grassland. The parcel itself is adjacent to agricultural land to the south and land owned by the Nature Conservancy to the North, East, and West. The surrounding parcels range from 38 to over 400 acres in size. Zoning on the surrounding parcels is A-40 (Agricultural, 40 -acre parcels) and A-160 (Agricultural, 160 -acre parcels). ANALYSIS: General Plan and Zoning: The General Plan land use designation of the project site is Orchard and Field Crops. The proposed project is located in an area zoned A-160 for agricultural use on parcels of 160 acres or more in size. The proposal would bring an established nonconforming use into conformity, and allow an expansion of the use in an agricultural area, which is permitted by issuance of a Use Permit in the A-160 zone. The nearest residential dwelling is located to the south, approximately 2,500 feet from the proposed project building and fenced yard area. The proposed project building is buffered not only by distance but by the orchard and existing trees. 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 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). Due to the distance of the proposed kennel from the nearest residence, the fact the kennel is a private commercial kennel for raising, breeding and selling dogs and not for the keeping of pets, and implementation of Project Conditions imposed by the Planning Commission, will ensure 0 BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT 0 PAGE 2 0 • 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 applied by local agencies. The Butte County Department of Public Works requires the deeding of 30 feet of right-of-way from the centerline of Cana Pine Creek Road and a permanent solution to drainage. The Butte County Development Services Building Division requires the existing and proposed buildings will require permits, inspections and approvals. The Butte County Animal Control requires the intallation of a waste disposal system, immunization of all dogs over 4 months of age, and limits the roaming of the dogs, except for 5 personal dogs, on the property without control of the kennel operators. The California Department of Forestry and the Agricultural Commissioner had no comments. Butte County Department of Environmental Health concurred with Butte County Animal Control. 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 Expanding the kennel on the project site would result in a less than significant impact on air quality created by the slight increase in vehicle traffic and associated exhaust emissions, and dust from vehicular traffic on unpaved driveways on the site. The additional vehicle traffic is not anticipated to be significant since the kennel is for breeding and not for commercial keeping family pets. For the purposes of this environmental review and based on assumptions from the applicant, it is anticipated that there would be three employees including the project applicant. The air quality impact of this increase is minimal. An increase in odor on-site is expected as a result of the keeping of up to 49 dogs. The residential areas and surrounding buildings are a significant enough distance from the project site for the odors to dissipate. The nearest residential dwelling is approximately 2,500 feet from the proposed project building and fenced yard area. The project applicant has indicated that in the outdoor pens, solid waste from the dogs would be picked up and deposited into the septic system as needed. This would also help reduce the impact of odors on nearby receptors. Because of these conditions, the odors would be negligible or imperceptible at the nearest residences. BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT 0 PAGE 3 0 • Hydrology/Water Quality The proposed project proposes an addition to an existing septic system to accommodate the keeping of up to 49 dogs on-site. The project applicant indicates that water service to the site is from a well, and that this service will continue. The County Environmental Health Department will review the proposed project and determine whether or not the project site has adequate soils for the proposed septic system. The applicant has indicated that the dogs have access to the outside pen adjoining the building by dog doors in the wall of the kennel. The applicant has also indicated that solid waste in this outdoor area would be picked up and put into the septic system on an as -need basis. The Department of Environmental Health, in addition to assessing the adequacy of the proposed septic system, will examine the adequacy of this plan for dealing with outdoor dog waste. Noise The project would create additional noise in the area by allowing the keeping of up to 49 dogs. The dogs would generate some amount of noise, especially when people or cars approach the project site. According to the applicant, only employees and the owner will have direct access to the kennel. Because of the distance to neighboring residential uses and buildings, the impact is expected to be less than significant. The nearest residential dwelling to the proposed project building is located approximately 2,500 feet to the south. The Noise Element of the Butte County General Plan incorporates the Land Use Compatibility for Community Noise Environments chart by reference and requires that the chart be used during environmental review. For use adjacent to residential uses, average noise levels shall not exceed 55 dB Leq at property lines for a period of 15 minutes. Given the agricultural zoning and character of the area, size if the parcel, distance to the nearest residence, the impacts related to noise are less than significant. Some temporary increase in noise is expected as the site is prepared for the implementation of the proposed project. Construction on the site is expected to be minimal and the noise impacts of this construction will be temporary. Because of the character of the area, the distance to neighboring residential uses and buildings, the temporary nature of such activities and the trees that buffer the project site from surrounding areas, the impact is less than significant. Traffic The proposed use will not generate a set increase of traffic trips to the area. The private commercial kennel is to raise, breed and sell two breeds of dog and is not for the keeping of pets. The number of vehicle trips would not significantly impact the local circulation system. The increase in vehicle traffic generated by the project would be minor, coming from employees and the occasional client of the kennel. Currently all employees commute to the property. The kennel owner is planning to build a house on the parcel. In the future, when the residence is 0 BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT 0 PAGE 4 0 • built, all non-employee access to the site would be to the residential building, not to the kennel. Currently parking would be provided in a dirt area adjacent to the kennel. Currently the project has access via Cana Pine Creek Road, a county road that intersects Broyles Road northwest of Chico. No new driveways or access points are proposed. ACTIONS FOR CONSIDERATION Staff recommends that the Planning Commission take the following actions: I. Adopt a 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 Negative Declaration is proposed. B. The Planning Commission has considered the proposed 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 Darren Chapla, Planning Division File No. UP 03-08, will have a significant effect on the environment. D. The proposed Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. E. Adopt the Negative Declaration regarding environmental impacts, as detailed in the Agenda Report dated June 12, 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 ❑ PAGE 5 0 �J 9 III. Recommend to the Planning Commission approval of Use Permit 03-08 for Darren Chapla, subject to the following findings and the conditions in Exhibit "A": A. The proposed location, size, design, and operating characteristics of the proposed use are in accordance with the purpose of this Ordinance, the purpose of the zone in which the site is located, the Butte County General Plan, and the development policies and standards of the County because: Conditions of approval have been applied to this project after CEQA review. The project is in accordance with the purpose of the zone in which the land lies and the Butte County General Plan because the project site is designated Orchard and Field Crops. The Orchard and Field Crops land use designation allows "intense animal uses" as Secondary Uses. The A-160 zone allows kennels with approval of a Use Permit. B. The location, size, design, and operating characteristics of the proposed use would be compatible with, and would not adversely affect, or be detrimental to adjacent uses, residents, buildings, structures, or natural resources, with consideration given to: Harmony in scale, bulk, coverage, and density: The proposed project will involve the construction of a second building. The size of the structures is 576 square feet each and would be minimal in bulk and coverage on the 455 acre parcel. The buildings shall comply with Uniform Building Code requirements. No changes to density are proposed. 2. . The availability of public facilities, services and utilities: No additional services are needed to accommodate this project. 3. The harmful effect, if any, upon desirable neighborhood character: The surrounding properties are used for orchards and open space. The nearest residence is located approximately 2,500 feet from the proposed project site. The proposed use would not have deleterious impacts on the use of this residential property, as discussed in the Initial Study and summarized above in the section regarding CEQA Issues. 4. The suitability of the site for the type and intensity of use or development which is proposed: The site is suited for the project because the property is developed with a building currently serving as a kennel. The proposed use will not impact the ongoing use of the remainder of the property. 0 BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT 0 PAGE 6 0 5. Any other relevant impact of the proposed use: The Planning Division has circulated the proposed kennel use permit application to County Agencies, and other interested parties and has received no evidence that the use, with appropriate conditions, would cause any other relevant impact. 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. k:\projects\upc\Chapla\Chapla UP 03-08 Staff Report.doc 0 BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT 0 PAGE 7 0 • EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION • DATE: (Certified Mail Rec.) UP 03-08 PERMIT NO. 047-060-056 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Darren Chapla is hereby granted a Use Permit to establish a commercial dog kennel for up to 49 dogs on APN 047-060-056 on Cana Pine Creek Road. 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. BUTTE COUNTY PLANNING COMMISSION D 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. Development fees for the proposed non-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, School Fees, Park and Recreation District fees, Water and Sewer Service Fees, Permit and Plan Check Fees, and Fire Protection Fees. 2. The Kennel operator shall maintain a valid kennel license in accordance with Chapter 4, Sections 3 and 4 of the Butte County Code. 3. The kennel operator shall not create average noise levels in excess of 55 dB Leq at property lines. If average noise levels exceed this level for a 15 minute period or on a daily basis, noise mitigation measures shall be implemented that may include noise activated sprinkler systems, sound walls, or other methods approved by the Department of Development Services. Any necessary noise mitigation measures shall be installed within one month of being identified as necessary. 4. A Use Permit may be deemed revoked by the Planning Manager if the use for which the permit was granted has ceased or has been suspended for a period of twelve (12) consecutive months. 5. The Facility may not encroach into, under, over, above, or upon any public street in the unincorporated area of the County in the absence of a valid encroachment permit from the County. 6. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. 7. All outstanding application processing fees shall be paid prior to issuance of the Use Permit. 0 BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT 0 PAGE 9 0 • Public Works • 8. Prior to the issuance of building permits deed to Butte County, in fee simple, 30 feet of right-of-way from the centerline of Cana Pine Creek Road. The 30 feet will run the length of the property, approximately 4,675 feet, which fronts along Cana Pine Creek Road. 9. Prior to the issuance of building permits for the kennel structures, 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, based on the kennel structures, 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. Building Division 10. Building permits are required, for both the existing and proposed buildings. Provide plans and calculations prepared, sealed, and signed by a California licensed architect or registered engineer verifying adequacy of building for proposed use. Design shall be in compliance with the 1998 California Building Codes. Butte County Animal Control 11. Install waste disposal system in accordance with Butte County Environmental Health regulations. The system will consist of an adequately sized septic tank and leachfield to catch. washes from the dog runs and kennel floor. A closeable lid must be installed to prevent rainwater from flowing into the system. The kennel operator shall clean and remove all excrement from the kennel as needed to maintain a sanitary environment. The system must be installed under permit from the Butte County Environmental Health Division. 12. Maximum number of dogs is forty-nine (49). 13. All dogs over four (4) months of age shall be immunized by a licensed veterinarian with a State of California approved serum. Approved rabies certificates shall be filed with Butte County Animal Control (BCAC) within ten (10) days of obtaining a new dog or after a dog reaches four (4) months of age. Certificates shall be provided to BCAC for dogs currently housed at the facility. 14. No dogs shall be allowed to roam the property. Except for up to 5 personal dogs, all dogs shall be kept secured 24 hours a day unless being exercised, which shall be done under the verbal or leashed control of the operators. Except for up to 5 personal dogs, no dogs shall be left outside the kennel without direct supervision. 0 BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT 0 PAGE 10 0 • County Counsel 16. 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 indemnify the County of Butte 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. I hereby declare under penalty of perjury that I have read the foregoing conditions that they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Dated: Applicant NOTE: Issuance of this Use Permit does not waive requirements of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Butte County Planning Commission Chairman CC: Building Division Environmental Health Department Butte County Fire Department/CDF Assessor 0 BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT 0 PAGE 11 0 Vicinity ®r, **** .............. PROPERTY LOCATION 13 0 cc Y ctl i all R—d swo HM!32 UP 03-08 AP 047-060-056 Vicini�Map PROPERTY LOCATIO r• Rfknkow � c Anital _ E �A '\ Nord \ \ i t UP 03-08 AP -056 I � 1 011 Rz�f1 T •`1t1 _ _ r 1 r Lt -JA "f'r J3 -i Q 1 crCr „ 1 sA, r f . i Y 80-W PLJ 8�0-0 ,) -, t C -'>A r , PiN. x ♦+ r, 03 IS V71111 1 X14 cif", C23V cl"t OW3 V"lz , - sesa�.aor Llq,rl') . :ana-jiiggt. 14 (rl:�v;,� .r181? ►f - icer l;r, �rrgl,) �}lf•A :vnt0.\ �uilriy i rn.s rNl:c' l.} 1}US .; ; ^rls:r �rlr.[i gni tr.�I! tl,iloti .n jq„ ri :7[11r11� 1 .-,job Q4l of q,f brtt.q;c7 of k,rt:1'itrrlA iti"fl'.frU'1l(r7 3jrliPglj frril[, r ot2fjLgX`, nj,1(ji ItrTT'rJll 80 -FO qu:,)Irl f :wfi Ioatis'l -tote.we,l, • Project: Butte County, File # UP 03-08 DEVELOPMENT SERVICES DEPARTMENT BUTTE COUNTY INITIAL STUDY AND NEGATIVE DECLARATION FOR UP 03-08 (Chapla) 0 Project: Butte County, File # UP 03-08 0 COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES INITIAL STUDY FOR UP 03-08 (Chapla) 1.0 PROJECT INFORMATION A. Applicant/Owner: Darren C. Chapla B. Representative: Same C. Engineer: NA D. Staff Contact: Mark Michelena (530) 538-7376 E. Proiect Name: Chapla (UP 03-08) F. Proiect Location: On the Westside of Cana Pine Creek Road, approximately 1 mile north of Broyles Road, at 15593 Cana Pine Road, Chico G. Type of Application(s): Use Permit H. Assessor's Parcel Number(s): 047-060-056 I. Proiect Site Size: 465.7 acres +/- J. Current Zoning: A-160 (Agricultural 160 acre minimum) K. General Plan Designation: OFC (Orchard and Field Crop) L Environmental Setting: The project site is currently utilized for an orchard, field crops, grazing, and kennel. The site is generally level and comprised of grassland and non-native plant species. There is a proposed drainage approximately 100 feet east of the proposed kennel site.. The parcel is under a Williamson Act Agreement. M. Surrounding Land Uses: Open space and agricultural use. To the Northwest and Northeast are lands owned by the Nature Conservancy. To the south are small farms with single family dwellings at rural densities. N. Proiect Description: This is a Use Permit application to operate a kennel for up to 49 dogs. The existing and proposed concrete and steel kennel buildings are located on a 465.7 acre parcel. The dogs would be kept in pens inside the buildings, have access to a fenced -in area attached to the building. There will also be a grooming facility for the dogs. A septic system on-site is proposed to handle waste from the dogs. Sanitary sewer service for the project is, and would continue to be, provided by a septic tank. Water is, and would continue to be, obtained from a well on the site. As a condition of the approval of the Use Permit, the applicant shall be required that the buildings ensure compliance with provisions of the Uniform Building Code, as adopted by the County. The environmental impacts of the kennel are expected to be less than significant. O. Public Agency Approvals: Butte County Environmental Health Department, Butte County Public Works Department, Butte County Development Services Director, Agricultural Commission, Butte County Department of Animal Control, City of Chico, Air Quality Management District, California Department of Forestry, Department of Fish and Game, and LAFCo. ■ Butte County Department of Development Services ■ Planning Division ■ Page 1 ■ Project: Butte County, File # UP 03-08 2.0 DETERNIINATION [X] I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. [ ] I find that although the proposed project COULD have a significant effect on the environment, there will NOT be a significant effect in this case because revisions have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. [ ] I find that the proposed project COULD have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. [ ] I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. [ ] I find,that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Prepared by: Mar Michelena, Associate Planner Date 3 Reviewed 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. [ ] 4.1 Aesthetics [ ] 4.2 Agriculture Resources [ ] 4.3 Air Quality [ ] 4.4 Biological Resources [ ] 4.5 Cultural Resources [ ] 4.6 Geologic Processes [ ] 4.7 Hazards/Hazardous Material [ ] 4.8 Hydrology/Water Quality [ ] 4.9 Land Use [ ] 4.10 Mineral Resources [ ] 4.11 Noise [ ] 4.12 Housing [ ] 4.13 Public Services [ ] 4.14 Recreation [ ] 4.15 Transportation/Traffic [ ] 4.16 Utilities/Service Systems [ ] 4.17 Mandatory Findings of Significance B. Evaluation of Environmental Impacts: 1) A brief explanation is required for all answers except "No Impact' answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact' answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact' answer should be explained where it is based on project -specific factors as well as general standards, (e.g., the project will not expose sensitive receptors to pollutants based on a project -specific screening analysis.) ■ Butte County Department of Development Services ■ Planning Division ■ Page 2 ■ • • Project: Butte County, File # UP 03-08 2) All answers must take account of the whole action involved including off-site as well as on-site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact' entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact' to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) "Reviewed Under Previous Document." Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used: Identify and state where they are available for review. b) Impacts Adequately Addressed: Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. C) Mitigation Measures: For effects that are "Less Than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significant. ■ Butte County Department of Development Services ■ Planning Division ■ Page 3 ■ Project: Butte County, File # UP 03-08 4.0 ENVIRONMENTAL IMPACTS: 4.1 AESTHETIC VISUAL RESOURCES: 0 Would the proposal: Potentially Less Than Less Than No Reviewed p Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Have a substantial adverse effect on a scenic vista? X b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings X within a state scenic highway? c. Substantially degrade the existing visual character or quality of the site and its surroundings? X d. Create a new source of substantial light or glare which X would adversely affect day or nighttime views in the X area? X Impact Discussion: The project would allow a kennel for up to 49 dogs, in two buildings, one existing and one proposed. With the kennels having an existing walnut orchard the east and natural grasses to the north, south and west, no substantial conflicts with the established character or function of the surrounding community are anticipated. This project would not significantly impact a scenic vista, nor would any construction associated with the project have a demonstrable negative aesthetic effect. The distance between the project site and adjacent residences also ensures that any lighting proposed as a part of the project would not significantly impact nearby residents. The site is not located within a State or County designated scenic highway. The project is not anticipated to create any significant sources of new light or glare. This project will not affect a scenic vista nor will it have a demonstrable negative aesthetic effect. Mitigation Measure: None required 4.2 AGRICULTURE RESOURCES: Would the proposal: P Potentially Less Than Less Than No Reviewed p Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and X Monitoring Program of the California Resources Agency, to non-agricultural use? b. Conflict with existing zoning for agricultural use, or a Williamson Act Contract? X c. Involve other changes in the existing environment which, due to their location or nature, could result in conversion X of Farmland, to non-agricultural use? ■ Butte County Department of Development Services ■ Planning Division ■ Page 4 ■ • Project: Butte County, File # UP 03-08 Impact Discussion: The General Plan designation of the project site is Orchard/Field Crops. The property is zoned A-160, for agricultural uses on parcels of at least 160 acres in size. The project does not propose to change the existing agricultural operations that are on the project site. The project does not propose to convert any farmland to non-agricultural use. As a part of the processing of this development application, comments were sought from the Agricultural Commission, which found no significant issues and cited no conditions. There is a Williamson Act contract affecting this property. Upon reviewing the contract, the kennels will not be in conflict with the contract. No impact is anticipated to agricultural resources as a result of this Use Permit. Mitieation Measure: None required 4.3 AIR QUALITY: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Conflict with or obstruct implementation of the applicable air qualityplan? X b. Violate any air quality standard or contribute substantially to an existing or projected air quality violation? X c. ' Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air X quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d. Expose sensitive receptors to substantial pollutant concentrations? X e. Create objectionable odors affecting a substantial number of people? X 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 (PM10). Currently, Butte County is in attainment for all the federal (less stringent) air quality standards. Establishing a dog kennel at the project site would not result in a cumulative impact on air quality created because the kennels are used for the breeding and sale of two breeds of dogs and do not generate any significant increase in vehicle traffic. No additional air-quality analysis is required (1997 Air Quality Attainment Plan). Cana Pine Creek Road, which provides access to the project site from Broyles Road, and traffic on that road, has no measurable level of increase in traffic, due to the fact that the kennels are for breeding and -not for housing pets. For the purposes of this environmental review, based on assumptions from the applicant, it is anticipated that there will be three employees including the project applicant. The air quality impact of this increase is minimal. The project may create fugitive dust emissions if changes to the site and/or building are required to comply with Uniform Building Code requirements as specified by the County Building Manager, and as adopted by reference in the ■ Butte County Department of Development Services ■ Planning Division ■ Page 5 ■ • Project: Butte County, File # UP 03-08 0 Butte County Code. Fugitive dust emission occurs during site development activities such as grading, excavation for foundations and utilities, road construction, and other soil work. Exhaust emissions are also possible if equipment is used on-site to bring the building and property in compliance with the Building Code. An increase in odor on-site is expected as a result of the keeping of up to 49 dogs. The residential areas and surrounding buildings are a significant enough distance from the project site for the odors to dissipate. The nearest residential dwelling is approximately 2,500 feet from the proposed project building. The project applicant has indicated that in the outdoor pens, solid waste from the dogs would be picked up and deposited into the septic system as needed, or approximately three to four times per day. This will also help reduce the impact of odors on nearby receptors. Because of these conditions, the odors would be imperceptible at adjacent buildings. The project site is located in an agricultural area where the sensitivity to such odors is relatively less than would be the case in a residential neighborhood, park, commercial district, or other sensitive use. Mitigation Measure: None required 4.4 BIOLOGICAL RESOURCES: Would the proposal: Potentially significant Less Than significant Less Than significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California X Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the X 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, X etc.) through direct removal, filling, hydrological interruption, or other means)? d. Interfere substantially with the movement of any native resident or migratory fish and wildlife species or with established native resident or migratory wildlife corridors, X or impede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy X ordinance? f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat X conservationplan? g. A reduction in the numbers, a restriction in the range, or an impact to the critical habitat of any unique, rare, threatened, X or endangered species of animals? h. A reduction in the diversity or numbers of animals, onsite (including mammals, birds, reptiles, amphibians, fish or X ■ Butte County Department of Development Services ■ Planning Division ■ Page 6 ■ Project: Butte County, File # U008 Would the Potentially Less Than Less Than No Reviewed proposal: P P Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated invertebrates)? i. A deterioration of existing fish or wildlife habitat (for foraging, breeding, roosting, nesting, etc.)? X j. Introduction of barriers to movement of any resident or migratory fish or wildlife species? X k. Introduction of any factors (light, fencing, noise, human presence and/or domestic animals) which could hinder the X normal activities of wildlife? Impact Discussion: Vegetation on the site consists of agricultural use, a walnut orchard and grasslands. Orchards do not provide habitat for a rich variety of species. No impact on significant biological resources is expected because the project consists of an existing building and proposed additional building. Pine Creek and four unnamed tributaries are located on the parcel. The project, as proposed, is adjacent to one of the tributaries and is not expected to have any impact on this water feature or the wildlife it supports. The proposed septic system addition will be reviewed by the Department of Environmental Health to ensure its sustainability. The rest of the waterways are spread out through the rest of the parcel and will not be impacted by the kennel. The project site is not known to be inhabited or provide habitat for any rare, endangered animal or plant species (Butte County Master Environmental Assessment, Figure Bio -2). 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(d)(3) and 14 CCR 753.5 are not required. The proposal would not conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy ordinance. The proposal would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. Mitigation Measure: None required ■ Butte County Department of Development Services ■ Planning Division ■ Page 7 ■ • Project: Butte County, File # UP 03-08 4.5 CULTURAL RESOURCES: • Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? X b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? X c. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? X d. Disturb any human remains, including those interred outside of formal cemeteries? X L:1 Impact Discussion: Cultural resources include prehistoric and historic period archaeological sites; historical features, such as rock walls, water ditches and flumes, and cemeteries; and architectural features. Cultural resources consist of any human -made site, object (i.e., artifact), or feature that defines and illuminates our pasta There does not appear to be any historical or culture resources in the proposed development area. No structures or sites are known to be located on the subject site. According to Butte County constraints mapping, the project site is located in an area considered to have a high archaeological sensitivity. This mapping is general in nature and basis the probability of archaeological significance on the physical characteristics and history of different areas of the County. The location of the project is in an area that may have potential for historical or cultural resources. Since no additional excavation is proposed, there are no mitigations proposed. Prehistoric resources sites are found in foothill areas, areas with high bluffs, rock outcroppings, areas overlooking deer migratory corridors, or above bodies of water. Because of the location and the nature of the project, the potential for uncovering or otherwise disturbing cultural resources as a result of project -related activities is unlikely. MitiEation Measure: None required ■ Butte County Department of Development Services ■ Planning Division ■ Page 8 ■ Project: Butte County, File # U3-08 4.6 GEOLOGIC PROCESSES: • Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of a known earthquake fault, as delineated X 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. 2. Strong seismic ground shaking? X 3. Seismic -related ground failure, including X liquefaction? 4. Landslides? X b. Result in substantial soil erosion or the loss of topsoil? X c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral X spreading, subsidence, liquefaction or collapse? d. Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial X risks to life or 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 X water? Impact Discussion: The Seismic Safety Element of the Butte County General Plan indicates that all of Butte County is in Moderate Earthquake Intensity Zone VIII. The site is not within an Alquist-Priolo Earthquake fault zone or an after shock epicenter region. The nearest active fault, the Cleveland Hill fault, is located approximately 28.2 miles from the project site, where activity on August 1, 1975 resulted in the Oroville earthquake. This earthquake had a Richter magnitude of 5.7 and resulted in approximately 2.2 miles of ground rupture along the western flank of Cleveland Hill. In the northwest corner of Butte County near Chico there are a series of short, north-northwest trending faults similar to the Cleveland Hill fault. These faults appear to be an extension of the Bear Mountain Fault or Foothills Shear Zone. Minor seismic activity has occurred in the area of these short faults; however, other geologic evidence indicates these faults are not active (Butte County General Plan 1977). Additional faults in the area include the Big Bend inferred fault located approximately 24.6 miles southeast, and the Willows fault located approximately 22.8 miles south. The Willow fault is approximately 40 miles long and displaces Cretaceous sediment in the Sacramento Valley. It does not appear to displace surface sediment and has been mapped principally by geophysical methods. However, there have been enough historical seismic events in the vicinity of this fault to conclude that it should be considered potentially active (Butte County General Plan 1977). The 80 -mile -long Midland-Sweitzer fault is located approximately 58.5 miles southwest of the project site. This fault is considered active and has caused historic earthquakes of Richter magnitudes between 6 to 6.9 in the area in 1892. There is some speculation as to the exact location of the historic earthquake epicenters and some question if they actually occurred on the Midland-Sweitzer fault (Butte County, 1977). ■ Butte County Department of Development Services ■ Planning Division ■ Page 9 ■ Project: Butte County, File # UO3-08 • 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. With the site being over 28 miles from the only known active fault in the County, ground shaking and resultant building damage would not be a significant concern because the Uniform Building Code contains standards to address this seismic potential 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. However, the impact would be less than significant due to compliance with the Uniform Building Code. As most of central California, the site can be expected to be subjected to seismic ground shaking at some future time. Accordingly, all buildings, pipes, light poles, roadways, and other improvements will be designed and installed in accordance with Uniform Building Code requirements. Because the project appears to be located such that the probability of significant groundshaking is low, because the project does not propose the addition of significant structures that would be at risk to seismic activity, and because any structures that are built during the course of the project will be designed and installed in accordance with Uniform Building Code standards for the appropriate Seismic Hazard Zone, potential geologic impacts would be less than significant. The Butte County Seismic Safety Element's Liquefaction Potential Map indicates that the site has a generally moderate potential for liquefaction. The impact would be less than significant. The Subsidence and Landslide Potential Map of the Safety Element of the Butte County General Plan indicates that there is low to none potential for landslides in this area. The Expansive Soils Map of the Safety Element of the Butte County General Plan designates the site as both High and Low for expansive soils. The area for the proposed kennel is located in the low designated area. The Erosion Potential Map of the Safety Element of the Butte County General Plan indicates that the soil erosion potential for the project site is slight. The site, is generally level, is not subject to significant erosion, due to the combination of existing vegetation and the low rainfall intensity (30 inches/year). The Butte County Environmental Health Department does not object to the proposed use on the property. Septic systems installed on the site are required to comply with the County Improvement Standards. No impact is anticipated. Mitigation Measure: None required 4.7 HAZARDS AND HAZARDOUS MATERIALS Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Create a significant hazard to the public or the environmental through the routine transport use, or disposal X of hazardous materials? ■ Butte County Department of Development Services ■ Planning Division ■ Page 10 ■ • Project: Butte County, File # UP 03-08 • Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into X the environment? c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- X quarter mile of an existing or proposed schools? d. Be located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, would it create a X significant hazard to the public or the environment? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project X result in a safety hazard for people residing or working in the project area? f. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or X working in the project area? g Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation X plan? h. Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where X residences are intermixed with wildlands? Impact Discussion: The project site is not located on or near any sources of hazardous materials and would not create any hazardous materials. No impact is anticipated. The project site is not known to be listed on any hazardous materials sites lists, nor will the use be with one-quarter mile of a school. The property is located approximately 7.8 miles northwest of the Chico Municipal Airport. The project site is not located within the 65 or 70 CNEL noise contour, nor is it located in an aircraft overflight area, according to the Butte County General Plan. The project site is not with a high fire area designation and would not be susceptible to wildland fires. The California Department of Forestry has no requirements. Mitigation Measure: None required ■ Butte County Department of Development Services ■ Planning Division ■ Page 11 ■ • Project: Butte County, File # UP 03-08 4.8 HYDROLOGY AND WATER QUALITY: • Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Violate any water quality standards or waste discharge requirements? X b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of X preexisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been 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 X substantial erosion or siltation on- or off-site? d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount X of surface runoff in a manner which would result in flooding on- or off-site? e. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted X runoff? L Otherwise substantially degrade water quality? X g. Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood X Insurance Rate Map or other flood hazard delineation map? h. Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? X i. Expose people or structures to a significant risk or loss, ury, or death involving flooding, including flooding as a X result of the failure of a levee or dam? j. Inundation by seiche, tsunami, or mudflow? X Impact Discussion: All wastewater generated by the kennel will be handled on the site by a septic system. The Butte County Environmental Health Division does not object to the use of septic systems on the site. Septic systems placed on the site must meet the requirements of the Butte County Environmental Health Division and Chapter 20, entitled "Subdivision Ordinance," of the Butte County Code. Less than significant impacts to surface water or ground water are anticipated from the proposed use of septic systems on the site. This project would ultimately result in the creation of new impervious surfaces such as an accessory structure. A minor increase in surface water runoff can be expected due to the reduced absorption rate created from the impervious surfaces. But due to the large size of the parcel, no additional surface run-off from the property is anticipated. The overall site disturbance for the proposed kennel is less than an acre. The property is located within a 100 -year flood zone. The Flood Zone A is located along Pine Creel which is located approximately 700 feet south of the project site and along one of the tributaries adjacent to the project site. A condition shall be included in the Use Permit that a flood certificate is required prior to issuance of the permit. ■ Butte County Department of Development Services ■ Planning Division ■ Page 12 ■ Project: Butte County, File # U10-08 is The property is not prone to seiche, tsunami, or mudflow. No impact would occur with respect to these natural hazards. Mitigation Measure: None required. 4.9 LAND USE: Would the proposal: Potentially Less Than Less Than No Reviewed Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Physically divide an established community? X b. Conflict with an applicable land use plan, policy, or regulations of an agency with jurisdiction over the project (including, but not limited to, the general plan, specific plan, X local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c. Conflict with any applicable habitat conservation plan or natural community conservation plan? X Impact Discussion: The proposal is for a kennel for up to 49 dogs in an agricultural area. It would not divide any established community. The proposed project is located in an area zoned A-160 for agricultural use with parcels 160 acres or more in size. The nearest residential dwelling is located at approximately 2,500 feet south from the proposed project buildings. The proposed project buildings are buffered not only by distance, but also by the walnut orchard to the east. Kennels are a permitted use in this zone with the approval of a Use Permit. For the approval of the Use Permit, the applicant is required to present information, including plans or other information that is substantial enough to make an informed decision. The Planning Commission reviews the proposal and would grant a Use Permit if: "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 impair the integrity and character of the zone in which the land lies, and that 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). This Initial Study, the review by the Planning Commission based on information from planning staff and the applicant, and subsequent review of the project by the Department of Environmental Health, ensures compliance with all land use plans and policies and ensure the proposed project would not impair the health, welfare, or safety of Butte County residents. The property is not within a habitat conservation plan or natural community conservation plan. No impact would be incurred. Mitigation Measure: None required ■ Butte County Department of Development Services ■ Planning Division ■ Page 13 ■ • Project: Butte County, File # UP 03-08 4.10 MINERAL RESOURCES: • Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document a. Exposure of persons to or generation of noise levels in Incorporated a. Result in the loss of availability of a known mineral X resource that would be of value to the region and the X residents of the state? b. Result in the loss of availability of a locally -important X mineral resource recovery site delineated on a local general X -plan, specific plan, or other land useplan? X Impact Discussion: The proposed project would not use or extract any mineral or energy resources and would not restrict access to known mineral resource areas. The project is located within an area where there are no known mineral resources. Therefore, the project would have no impact on mineral resources. Mitigation Measure: None required 4.11 NOISE: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or X noise ordinance, or applicable standards of other agencies? b. Exposure of persons to or generation of excessive ground borne vibration or ground bome noise levels? X c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the X project? d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing X without theproject? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project X expose people residing or working in the project area to excessive noise levels? f. For a project within the vicinity of a private airstrip, would the project expose people residing or working in X 11 the project area to excessive noise levels? Impact Discussion: The project will create additional noise in the area by allowing the keeping of up to 49 dogs. The dogs will generate some amount of noise, especially when people or cars approach the project site. Because of the distance to neighboring residential and agricultural uses, the impact is expected to be less than significant. The nearest residential ■ Butte County Department of Development Services ■ Planning Division ■ Page 14 ■ • Project: Butte County, File # UP 03-08 • dwelling to the proposed project building is located approximately 2,500 feet to the south. The project applicant has indicated that only the owners and employees will have access to the dogs. Upon the site visit, the dogs did bark and cause an increase in the noise level. But given the agricultural zoning, character of the area, size of the parcel and location of the nearest residence, the impacts related to noise would be less than significant. Some temporary increase in noise is expected as the site is prepared for the implementation of the proposed project. Because of the character of the area, the distance to neighboring residential uses and buildings, the temporary nature of such activities, and the trees that buffer the project site from surrounding areas, the impact would be less than significant. Because of the relatively small increment of traffic added to the local roadways, the project would not significantly affect future traffic noise levels. The project is not located in the 65 or 70 CNEL noise contour, according to the Butte County General Plan. The project site is not located in an airport land use plan area, nor within two miles of a public or private airport. Mitigation Measure: None required 4.12 HOUSING: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of X roads or other infrastructure? b. Displace substantial numbers of existing housing, necessitating the construction of replacement housing X elsewhere? c. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? X Impact Discussion: The proposed use is for a kennel to house up to 49 dogs on a property approximately 455 acres in size. There is no additional housing or subdivision proposed with this use. The project would not displace individuals or housing. No impact would occur. Mitigation Measure: None required 0 Butte County Department of Development Services ■ Planning Division ■ Page 15 ■ Project: Butte County, File # U0-08 4.13 PUBLIC SERVICES: 0 Would the Potentially Less Than Less Than No Reviewed proposal: P P Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically X altered governmental facilities, the construction of which X could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other X performance objectives for any of the public services? b. Fireprotection? X c. Police Protection? X d. Schools? X e. Parks? X L Other public services? X Impact Discussion: The project site is located in an area designated as having a no data in regard to fire hazard according to GIS data from the California Division of Forestry. Fire protection services for the project site are provided by the Butte County Fire Department in coordination with the State Division of Forestry. The project is required to comply with conditions specified by the Division of Forestry, to be accomplished in coordination with the Butte County Fire Department. The project will not increase the level of fire service needed on the site. The proposal would result in minimal increase in demand for police protection services. The proposed use, a kennel, at the property will not affect the ability of the Sheriffs Department to adequately provide police services since the project will result in very little change from existing conditions. The proposal would not result in an increase in demand for school facilities in the area. The project would not result in significant impacts to area parks and facilities. A less -than -significant impact is anticipated on other public services. Mitigation Measure: None required. 4.14 RECREATION: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be X accelerated? b. Include recreational facilities or require the construction or expansion of recreational facilities which might have an X adverse physical effect on the environment? ■ Butte County Department of Development Services ■ Planning Division ■ Page 16 ■ • Project: Butte County, File # UP 03-08 Impact Discussion: • The project site is located within the Chico Recreation and Park District. The proposed use will not cause an increase in the usage of parks and other recreational facilities in the project area and would not warrant specific mitigation for area parks and recreation facilities. Mitigation Measure: None required 4.15 TRANSPORTATION/TRAFFIC: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of X vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b. Exceed, either individually or cumulatively, a level of service standard established by the county congestion X management agency for designated roads or highways? c. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results X in substantial safety risks? d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible X uses e.g., farm equipment)? e. Result in inadequate emergency access? X f. Result in inadequate parking capacity? X g. Conflict with accepted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, X bicycle racks)? Impact Discussion: The proposed use will not generate a set increase to traffic trips to the area. The kennel is for breeding of two breeds of dog and is not for the keeping of pets. This number of vehicle trips would not significantly impact the local circulation system. The project would have access via Cana Pine Creek Road, a county road that intersects Broyles Road northwest of Chico. No new driveways or access points are proposed. The increase in vehicle traffic generated by the project would be minor, coming from employees and the occasional client of the kennel. Currently all employees commute to the property. In the future the kennel owner will build a house on the parcel. All non-employee access to the site would be to the residential use, not to the kennel. Parking would be provided in a dirt area adjacent to the kennel. Mitigation Measure: None required ■ Butte County Department of Development Services ■ Planning Division ■ Page 17 ■ Project: Butte County, File # UO3-08 4.16 UTILITIES AND SERVICE SYSTEMS: 0 Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Exceed wastewater treatment requirements of the applicable Regional Water QualityControl Board? X b. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant X environmental effects? c. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant X environmental effects? d. Have sufficient water supplies available to serve the project from existing entitlements and resources, or are X new or expanded entitlements needed? e. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand X in addition to theprovider's existing commitments? f. Be served by a landfill with sufficient permitted capacity to accommodate theproject's solid waste disposal needs? X g. Comply with federal, state, and local statutes and regulations related to solid waste? X Impact Discussion: Sewage disposal for kennel would be handled by individual on-site septic system. The Butte County Division of Environmental Health has reviewed the project and does not have a concern over sewage disposal capacity or the ability of the project to meet County sewage disposal standards. The project would not have a significant impact on any wastewater treatment facilities. Domestic water supply for the kennel would be obtained from on-site wells. The Butte County Division of Environmental Health has reviewed the project and determined the domestic well for the proposed use has been drilled and an adequate water supply has been proven. The project would not have an impact on any water treatment facilities. No additional storm water facilities would be necessary as a result of this project due to the extremely low density of the project and minimal amount of new impervious surfaces. The project would increase the stream of waste being deposited in the Neal Road Landfill by a minimal 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 would not have a significant impact on solid waste disposal. No impact would occur with respect to federal, state, and local statutes and regulations related to solid waste. Mitieation Measure: None required ■ Butte County Department of Development Services ■ Planning Division ■ Page 18 ■ Project: Butte County, File # UPP3-08 0 4.17 MANDATORY FINDINGS OF SIGNIFICANCE (Section 15065): Would the proposal: P P Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict X the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with X the effects of past projects, the effects of other current projects and the effects of probable future projects)? C. Does the project have environmental effects which would cause substantial adverse effects on human beings, either X directly or indirectly? Impact Discussion: The project does not have the potential to significantly degrade the quality of the environment, therefore no mitigations are proposed. 5.0 MITIGATION MEASURES AND MONITORING REQUIREMENTS: Mitintion Measure: None required ■ Butte County Department of Development Services ■ Planning Division ■ Page 19 ■ Project: Butte County, File # UP 03-08 L_J ENVIRONMENTAL REFERENCE MATERIAL: 1. Butte County Planning Department. Earthquake and Fault Activity Map 11-1, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 2. Butte County Planning Department. Liquefaction Potential Man 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 Ma V-1 Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 8. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4, Safety Element. Oroville, CA: CH2M Hill, 1977. 9. Butte County Planning Department. Archaeological Sensitivity Map. Oroville, CA: James P. Manning, 1983. 10. Butte County Planning Department. School District Man. Oroville, CA. 12. National Flood Insurance Program. Flood Insurance Rate Mans. Federal Emergency Management Agency. 1989 and 2000. 13. USGS Quad Maps. 14. Soil May, Chico (1925)/Oroville (1926) Area. United States Department of Agriculture. 15. Soil Survey of Chico (1925)/Oroville (1926) Area. United States Department of Agriculture. 16. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Map. Butte County Fire Department and California Department of Forestry, 1989. 7.0 CONSULTED AGENCIES: [X] Environmental Health [X] Public Works [ ] Building Manager [ ] BCAG [ ] ALUC [X] LAFCo [ ] Air Qual. Management Dist. [X] City of Chico [ ] City of Biggs [ ] City of Gridley [ ] City of Oroville [ ] Town of Paradise [X] CA Department of Forestry [ ] CalTrans (Traffic) [ ] Central Reg. Water Quality [ ] Department of Conservation [ ] CA Dept. of Fish and Game [ ] Highway Patrol [ ] Army Corps of Engineers [ ] US Fish & Wldlife Service [X] Agricultural Commissioner [ ] Butte Co. Farm Bureau [ ] Oroville Unified School Dist. [ ] Feather River Rec. Dist. [ ] El Medio Fire Dept. [ ] OWID [ ] LOAPUD [ ] PG&E [ ] Pacific Bell [ ] Palermo Union School Dist. [X] County Counsel [X] County Assessor [X] Animal Control Ki\PROJECTS\UPC\Chapla UP,03-08 Initial Study.doe ■ Butte County Department of Development Services ■ Planning Division ■ Page 20 ■ Project: Butte County, File # UP 03-08 PROJECT SPONSOR(S) INCORPORATION OF MITIGATION INTO PROPOSED PROJECT: I/We have reviewed the Initial Study for the Butte County General Plan Amendment/Rezone application and particularly the mitigation measures identified herein. I/We hereby modify the application on file with the Butte County Planning Department to include and incorporate all mitigations set forth in this Initial Study. Darren Chapla/Project Applicant ,S — Z o -03 Date -03 Date BUTTE COUNTY MAY 2 12003 DEVELOPMENT SERVICES ■ Butte County Department of Development Services ■ Planning Division ■ Page 21 ■ .7 , � '' .ter-• ... counig .�.Butte 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 FAX TRANSMISSION To: L4oNNIG pqum CA uivv ,(_ -C�,� L� Date: (c 03 Fax #: 538 - (o3; � Pages: -7 Hard Copy will follow: From: {V>,A4. _ yes no Subject: Ctf A -Pct- U se7PG -M T -CUP 03- oe) Additional Comments: Lonnie — I researched the federal regulations regarding the ventilation system for the Chapla Kennel Use Permit (UP 03-08, APN 047-060-056). Please review County Counsel comments. He is concerned that the regulation I gave them referred to veterinarians and not private kennels. Maybe I referenced the wrong federal regulation (I attached the section). If we can not show an actual regulation, local, state or federal, we will need to remove the condition. Please let me know what you think. Unfortunately I'm under a time constraint, so if you could let me know as soon as possible, it would be much appreciated. Mark Michelena Associate Planner -----Original Message ----- From: Wannenmacher, Felix Sent: Wednesday, June 04, 2003 8:49 AM To: Michelena, Mark; Baker, Joseph Cc: Christopher, Yvonne Subject: RE: Federal Regulations - Chapla Use Permit Thank you for sending me this link. After reviewing it, I see that it applies to attending veterinarians at research facilities. Unless I am missing something, it does not apply to private kennels. So now we are back to the basic issue. If we are applying a condition for ventilation systems, will it be applied to all kennels in the future? If we plan to do so, we may have to justify our requirement. As it stands, I do not believe we should apply it as a condition in this case, unless we commit to uniformly applying it in all cases, ( since Kissler is still open it should also apply to her) and even then we should make sure we are clear on our reasons and policy. In Chapla, it should not make any difference since they want to include a ventilation system anyway. Let me know your thoughts. -----Original Message ----- From: Michelena, Mark Sent: Tuesday, June 03, 2003 3:28 PM To: Wannenmacher, Felix; Baker, Joseph Subject: Federal Regulations - Chapla Use Permit Felix & Joe - Here is the link to the federal regulations. http://www.nal.usda.gov/awic/legislat/awabrief.htm#Q7 In section II(5) and 11(6). Mark Michelena Associate Planner Animal Welfare Act Briefs • USDA an - United States Department of Agriculture • Page 1 of 56 Animal Welfare Act Interpretive Summaries ")? e Responsibilities and Functions of the Attending Veterinarian . Enhancement for Primates Agricultural • Exercise of Dogs Research Service • Field Research . Functions of the Institutional Official . Functions of the Principal Investigator == Institutional Animal Care & Use Committees National e Record Keeping for Dealers & Exhibitors Agricultural . Record Keeping for Research Facilities Library_ • Training for Research Facility Personnel by Dr. Richard L. Crawford Anima[ Welfare Animal Welfare Information Center Information United States Department of Agriculture C... National Agricultural Library 10301 Baltimore Avenue Beltsville, MD 20705 To [Contents] [Q&A] A Quick Reference of the Responsibilities & Functions of the Attending Veterinarians for Research Facilities under the Animal Welfare Act The requirements of the Animal Welfare Act are set forth under the Regulations and Standards in the Code of Federal Regulations (CFR). These requirements are found in Title 9 C.F.R., Chapter 1, Subchapter A - Animal Welfare, Parts 1, 2, and 3. This paper provides the section numbers of the Regulations and Standards that pertain to the responsibilities and functions of the Attending Veterinarian for Research Facilities. Section numbers are given for reference to the actual wording of each requirement (see NOTE on last page). Definition - Attending veterinarian: means a person who has graduated from a veterinary school accredited by the American Veterinary Medical Association's Council on Education, or has a certificate issued by the American Veterinary Medical Association's Education Commission for Foreign Veterinary Graduates, or has received equivalent formal education as determined by the Administrator; has received training and/or experience in the care and management of the species being attended; and who has direct or delegated authority for activities involving animals at a facility subject to the jurisdiction of the Secretary (Sect. 1.1). I. Title 9 C.F.R., Section 2.33 - Attending Veterinarian and Adequate Veterinary Care http://www.nal.usda.gov/awic/legislat/awabrief htm 06/03/2003 .Animal Welfare Act Briefs• • Page 2 of 56 (a) Each research facility must have an attending veterinarian who is required to provide adequate veterinary care to the facilities animals (Sect. 2.33(a)). Adequate Veterinary Care is usually determined as what is currently the accepted professional practice or treatment for that particular circumstance or condition. (1) The attending veterinarian is to be employed under formal arrangements with the research facility. If the attending veterinarian is on a part-time or consulting basis, there must be a written program of veterinary care with a list of regularly scheduled visits to the research facility. The scheduled visits must be appropriate and frequent enough to provide adequate veterinary care to all animals at all times. The schedule should consider the number of animals, the species of animals, the type of housing for the animals, the type of work or research done on the animals, the possibility, or level, of pain or distress that may be involved, and any other conditions or factors that may affect the animals well-being (Sect. 2.33(a)(1)). (2) The research facility must provide the attending veterinarian with sufficient and appropriate authority to ensure that adequate veterinary care is provided at all times and that he or she is able to oversee the adequacy of all aspects of animal care and use for all animals (Sect. 2.33(a)(2)). (3) The attending veterinarian must be a voting member of the Institutional Animal Care and Use Committee (IACUC) and have direct or delegated responsibility for the animals at the research facility. If more than one veterinarian is employed by the research facility the attending veterinarian may appoint another veterinarian to the IACUC. The appointed veterinarian must have delegated responsibilities for activities involving animals. A veterinarian engaged principally in research does not meet this requirement (Sect. 2.33(a) (3))• (b) The research facility must establish and maintain programs of adequate veterinary care that include the following (Sect. 2.33(b)). (1) That appropriate facilities, personnel, equipment, and services are available so as to comply with requirements (Sect. 2.33(b)(1)). (2) The use of appropriate methods to control, prevent, diagnose, and treat diseases and injuries. Weekend, holiday, and emergency care must be readily available (Sect. 2.33(b) (2))• (3) Daily observation of all animals to assess their health and well-being. Daily observation of the animals may be accomplished by someone other than the attending veterinarian, provided that a mechanism of direct and frequent communication is established so that timely and accurate information on problems of animal health, behavior, and well-being is conveyed to the attending veterinarian (Sect. 2.33 (b)(3)). (4) Guidance is to be provided to the principal investigator, and other personnel, involved in the care and use of animals regarding handling, immobilization, anesthesia, analgesia, tranquilization, and euthanasia (Sect. 2.33 (b)(4)). (5) Adequate pre- and post procedural care is provided in accordance with current established veterinary medical and nursing procedures (Sect. 2.33(b)(5)). http://www.nal.usda.gov/awic/legislat/awabrief.htm 06/03/2003 .Animal Welfare Act Briefs• • Page 3 of 56 II. Additional Areas of Responsibility for Attending Veterinarians (1) Membership on the IACUC (Section 2.31). (b)(3) Of the members of the Committee: (i) At least one shall be a Doctor of Veterinary Medicine, with training or experience in laboratory animal science and medicine, who has direct or delegated program responsibility for activities involving animals at the research facility (Sect. 2.31 (b)(3) (i))• (2) Consultation with the principal investigator to minimize pain and distress. Section 2:31 (d) in general and section 2.31 (d)(1)(iv) through (xi) specifically. (d)(1)(iv)Procedures that may cause more than momentary or slight pain or distress to the animals will: (A) Be performed with appropriate pain relieving drugs unless withholding such drugs is justified for scientific reasons, in writing, by the principal investigator and will continue only for the necessary period of time. (B) Involve in their planning, consultation with the attending veterinarian or his or her. designee. (C) Not include the use of paralytics without anesthesia. (This is a flat prohibition). (v) Animals that would otherwise experience severe or chronic pain or distress that cannot be relieved will be painlessly euthanized at the end of the procedure or, if appropriate, during the procedure. (vi) The animals living conditions will be appropriate for their species in accordance with standards set forth in 9 CFR, Part 3, and will contribute to their health and comfort. The housing, feeding, and nonmedical care of the animals will be directed by the attending veterinarian or other scientist trained and experienced in the proper care, handling, and use of the species being maintained or studied. (vii) Medical care for animals will be available and provided as necessary by a qualified veterinarian. (viii) Personnel conducting procedures on the species being maintained or studied will be appropriately qualified and trained in those procedures. (ix) Activities that involve surgery must include appropriate provision for pre -operative and post-operative care of the animals in accordance with established veterinary medical and nursing practices. • All survival surgery will be performed using aseptic procedures, including surgical gloves, masks, sterilized instruments, and aseptic techniques. • Major operative procedures on non -rodents will be conducted only in facilities http://www.nal.usda.gov/awic/legislat/awabrief.htm 06/03/2003 Animal Welfare Act Briefs• • Page 4 of 56 intended for that purpose which shall be operated and maintained under aseptic conditions. • Non major operative procedures, and all surgery on rodents, do not require a dedicated facility but must be performed using aseptic procedures. • Operative procedures conducted at field sites need not be performed in dedicated facilities but must be performed using aseptic procedures. (x) No animal will be used in more that one major operative procedure from which it is allowed to recover unless: (A) Justified for scientific reasons by the principal investigator, in writing. (B) Required as routine veterinary procedure or to protect the health or well-being of the animal as determined by the attending veterinarian. (C) In other special circumstances as determined by the Administrator of APHIS on an individual basis. (xi) Methods of euthanasia used must be in accordance with the definition of the term set forth in 9 CFR, Part 1, Section 1. 1, unless a deviation is justified for scientific reasons, in writing, by the investigator. (Recommendations of the AVMA panel on euthanasia should be followed). (3) Training and Personnel Qualifications. Section 2.32. (a) It is the responsibility of the research facility to ensure that all scientists, research technicians, animal technicians, and other personnel involved in animal care, treatment, and use are qualified to perform their duties. This responsibility shall be fulfilled in part through training and instruction to these personnel. (Sect. 2.32(a)). (b) Training and instruction shall be made available, and the qualifications of personnel reviewed, with sufficient frequency to fulfill the research facilities responsibility. (Sect. 2.32(b)). (c) Training and instruction of personnel must include guidance in at least the following areas. (Sect. 2.32(c)). (1) Humane methods of animal maintenance and experimentation, including (Sect. 2.32 (c)(1)): (i) The basic needs of each species of animal. (ii) Proper handling and care for the various species of animals used by the facility. (iii) Proper pre -procedural and post -procedural care of animals. (iv) Aseptic surgical methods and procedures. http://www.nal.usda.gov/awic/legislat/awabrief.htm 06/03/2003 Animal Welfare Act Briefs • Page 5 of 56 (2) The concept, availability, and use of research or testing methods that limit the use of animals or minimize animal distress. (Sect. 2.32(c)(2)). (3) Proper use of pain relieving drugs for any species of animals used by the facility. (Sect. 2.32(c)(3)). (4) Methods whereby deficiencies in animal care and treatment are reported, including deficiencies reported by facility employees (Sect. 2.32 (c)(4)). (4) Annual report assurances by the research facility. (Section 2.36). (b)(1) Assure that professionally acceptable standards governing the care, treatment, and use of animals, including appropriate use of pain relieving drugs, prior to, during, and following actual research, teaching, testing, surgery, or experimentation were followed by the research facility. (Sect. 2.36(b)(1)). (5)�Indoor housing facilities for dogs and cats. (S_ection 3.2).�. (a) Heating, cooling, and temperature.... When dogs or cats are present, the ambient temperature in the facility must not fall below 50 degrees F for dogs and cats not acclimated to lower temperatures, for those breeds that cannot tolerate lower temperatures without stress or discomfort, and for sick, aged, young, or infirm dogs or cats, except as approved by the attending veterinarian. (Sect. 3.2(a)). (b) Ventilation .... The relative humidity must be maintained at a level that ensures the health and well-being of the dogs and cats housed therein, in accordance with the directions of the attending veterinarian and generally accepted professional and husbandry practices. (Sect. 3.2(b)). (6) Sheltered housing_facilities-for-dogs-and,cats. -(Section=3.3). (a) Heating, cooling, and temperature.... The ambient temperature in the sheltered part of the facility must not fall below 50 degrees F for dogs and cats not acclimated to lower temperatures, for those breeds that cannot tolerate lower temperatures without stress and discomfort, and for sick, aged, young, or infirm dogs and cats, except as approved by the attending veterinarian. (Sect. 3.3(a)). (7) Outdoor housing facilities for dogs and cats. (Section 3.4). (a)(1) The following categories of dogs or cats must not be kept in outdoor facilities unless that practice is specifically approved by the attending veterinarian. (Sect. 3.4(a)(1)). (i) Dogs or cats not acclimated to the temperatures prevalent in the area or region where they are maintained (ii) Breeds of dogs or cats that cannot tolerate the prevalent temperatures of the area without stress or discomfort. (iii) Sick, infirm, aged, or young dogs or cats. http://www.nal.usda.gov/awic/legislat/awabrief.htm 06/03/2003 Mai 20 03 05:23p Darren and Kelly Chapla 580-536-7878 p.l Date: i► PLEASE DELIVER IMMEDIATELY Total Pages: TO �w V �J V ` ! ! K�� PHONE S-30737 ^" E S S 0 G E mom 3 FAX 7 PHONE 1/ Irealeissiea !oils, pleas• comlact ssAder. Patent Poxtpq 0 Pen -Tab Industries, Inc. 1997 1_J Butte County Development Services Department Planning Divi$ion 7 County Center Drive �.acsimfle-trammitW,. To: Kelly Chapla Fax: 865-2796 From: Mark Michelena Date: 05/20/2003 Re: Revisions to Initial Study Pages: 7 (including cover page) CC: ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle associate Flamer Butte County Development Service Deparhnent 538-7376 ................... Project: Butte County, File # *08 • COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES INITIAL STUDY FOR UP 03-08 (Chapla) 1.0 PROJECT INFORMATION A. AAplicant/OWner: Darren C. Chapla B. Representative: Same C. Engineer: NA D. Staff Contact: Mark Michelena (530) 538-7376 E. Proiect Name: Chapla (UP 03-08) F. Proiect Location: On the Westside of Cana Pine Creek Road, approximately 1 mile north of Broyles Road, at 15593 Cana Pine Road, Chico G. Type of Application(s): Use Permit H. Assessor's Parcel Number(s): 047-060-056 I. Project Site Size: 465.7 acres +/- J. Current Zoning: A-160 (Agricultural 160 acre minimum) K. General Plan Designation: OFC (Orchard and Field Crop) L Environmental Setting: The project site is currently utilized for an orchard, field crops, grazing, and kennel. The site is generally level and comprised of grassland and non-native plant species. There is a proposed drainage approximately 100 feet east of the proposed kennel site.. The parcel is under a Williamson Act Agreement. M. Surrounding Land Uses: Open space and agricultural use. To the Northwest and Northeast are lands owned by the Nature Conservancy. To the south are small farms with single family dwellings at rural densities. N. Project Description: This is a Use Permit application to operate a kennel for up to 49 dogs. The existing and proposed concrete and steel kennel buildings are located on a 465.7 acre parcel. The dogs would be kept in pens inside the buildings, have access to a fenced -in area attached to the building. There will also be a grooming facility for the dogs. A septic system on-site is proposed to handle waste from the dogs. Sanitary sewer service for the project is, and would continue to be, provided by a septic tank. Water is, and would continue to be, obtained from a well on the site. As a condition of the approval of the Use Permit, the applicant shall be required that the buildings ensure compliance with provisions of the Uniform Building Code, as adopted by the County. The environmental impacts of the kennel are expected to be less than significant. O. Public Agency Approvals: Butte County Environmental Health Department, Butte County Public Works Department, Butte County Development Services Director, Agricultural Commission, Butte County Department of Animal Control, City of Chico, Air Quality Management District, California Department of Forestry, Department of Fish and Game, and LAFCo. ■ Butte County Department of Development Services ■ Planning Division ■ Page 1 ■ Project: Butte County, File # f3-08 4.0 ENVIRONMENTAL IMPACTS: 4.1 AESTHETICNISUAL RESOURCES: • Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Have a substantial adverse effect on a scenic vista? X b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings X within a state scenic highway? c. Substantially degrade the existing visual character or quality of the site and its surroundings? X d. Create a new source of substantial light or glare which X would adversely affect day or nighttime views in the X area? X Impact Discussion: The project would allow a kennel for up to 49 dogs, in two buildings, one existing and one proposed. With the kennels having an existing walnut orchard the east and natural grasses to the north, south and west, no substantial conflicts with the established character or function of the surrounding community are anticipated. This project would not significantly impact a scenic vista, nor would any construction associated with the project have a demonstrable negative aesthetic effect. The distance between the project site and adjacent residences also ensures that any lighting proposed as a part of the project would not significantly impact nearby residents. The site is not located within a State or County designated scenic highway. The project is not anticipated to create any significant sources of new light or glare. This project will not affect a scenic vista nor will it have a demonstrable negative aesthetic effect. Mitigation Measure: None required 4.2 AGRICULTURE RESOURCES: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and X Monitoring Program of the California Resources Agency, to non-agricultural use? b. Conflict with existing zoning for agricultural use, or a Williamson Act Contract? X c. Involve other changes in the existing environment which, due to their location or nature, could result in conversion X of Farmland, to non-agricultural use? 0 Butte County Department of Development Services ■ Planning Division ■ Page 4 ■ Project: Butte County, File # UO3-08 Butte County Code. Fugitive dust emission occurs during site development activities such as grading, excavation for foundations and utilities, road construction, and other soil work. Exhaust emissions are also possible if equipment is used on-site to bring the building and property in compliance with the Building Code. An increase in odor on-site is expected as a result of the keeping of up to 49 dogs. The residential areas and surrounding buildings are a significant enough distance from the project site for the odors to dissipate. The nearest residential dwelling is approximately 2,500 feet from the proposed project building. The project applicant has indicated that in the outdoor pens, solid waste from the dogs would be picked up and deposited into the septic system as needed, or approximately three -to four times per day. This will also help reduce the impact of odors on nearby receptors. Because of these conditions, the odors would be imperceptible at adjacent buildings. The project site is located in an agricultural area where the sensitivity to such odors is relatively less than would be the case in a residential neighborhood, park, commercial district, or other sensitive use. Mitigation Measure: None required 4.4 BIOLOGICAL RESOURCES: Would the Potentially Less Than Less Than No Reviewed proposal: P P Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California X Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the X 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, X etc.) through direct removal, filling, hydrological interruption, or other means)? d. Interfere substantially with the movement of any native resident or migratory fish and wildlife species or with established native resident or migratory wildlife corridors, X or impede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy X ordinance? f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat X conservationplan? g. A reduction in the numbers, a restriction in the range, or an impact to the critical habitat of any unique, rare, threatened, X or endangered species of animals? h. A reduction in the diversity or numbers of animals, onsite (including mammals, birds, reptiles, amphibians, fish or. X ■ Butte County Department of Development Services ■ Planning Division ■ Page 6 ■ Project: Butte County, File # 93-08 • The property is not prone to seiche, tsunami, or mudflow. No impact would occur with respect to these natural hazards. Mitigation Measure: None required. 4.9 LAND USE: Would ther0 osal• Potentially Less Than Less Than No Reviewed P P Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Physically divide an established community? X b. Conflict with an applicable land use plan, policy, or regulations of an agency with jurisdiction over the project (including, but not limited to, the general plan, specific plan, X local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c. Conflict with any applicable habitat conservation plan or natural community conservation plan? X Impact Discussion: The proposal is for a kennel for up to 49 dogs in an agricultural area. It would not divide any established community. The proposed project is located in an area zoned A-160 for agricultural use with parcels 160 acres or more in size. The nearest residential dwelling is located at approximately 2,500 feet south from the proposed project buildings. The proposed project buildings are buffered not only by distance, but also by the walnut orchard to the east. Kennels are a permitted use in this zone with the approval of a Use Permit. For the approval of the Use Permit, the applicant is required to present information, including plans or other information that is substantial enough to make an informed decision. The Planning Commission reviews the proposal and would grant a Use Permit if: "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 impair the integrity and character of the zone in which the land lies, and that 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). This Initial Study, the review by the Planning Commission based on information from planning staff and the applicant, and subsequent review of the project by the Department of Environmental Health, ensures compliance with all land use plans and policies and ensure the proposed project would not impair the health, welfare, or safety of Butte County residents. The property is not within a habitat conservation plan or natural community conservation plan. No impact would be incurred. Mitigation Measure: None required ■ Butte County Department of Development Services ■ Planning Division ■ Page 13 ■ Project: Butte County, File # 103-08 4.10 MINERAL RESOURCES: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document a. Exposure of persons to or generation of noise levels in Incorporated a. Result in the loss of availability of a known mineral X resource that would be of value to the region and the X residents of the state? b. Result in the loss of availability of a locally -important X mineral resource recovery site delineated on a local general X plan, specific plan, or other land useplan? X Impact Discussion: The proposed project would not use or extract any mineral or energy resources and would not restrict access to known mineral resource areas. The project is located within an area where there are no known mineral resources. Therefore, the project would have no impact on mineral resources. Mitigation Measure: None required 4.11 NOISE: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or X noise ordinance, or applicable standards of other agencies? b. Exposure of persons to or generation of excessive ground bome vibration or ground borne noise levels? X c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the X project? d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing X without theproject? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project X expose people residing or working in the project area to excessive noise levels? f. For a project within the vicinity of a private airstrip, would the project expose people residing or working in X the project area to excessive noise levels? Impact Discussion: The project will create additional noise in the area by allowing the keeping of up to 49 dogs. The dogs will generate some amount of noise, especially when people or cars approach the project site. Because of the distance to neighboring residential and agricultural uses, the impact is expected to be less than significant. The nearest residential ■ Butte County Department of Development Services ■ Planning Division ■ Page 14 ■ Project: Butte County, File # Ui'i13-08 dwelling to the proposed project building is located approximately 2,500 feet to the south. The project applicant has indicated that only the owners and employees will have access to the dogs. Upon the site visit, the dogs did bark and cause an increase in the noise level. But given the agricultural zoning, character of the area, size of the parcel and location of the nearest residence, the impacts related to noise would be less than significant. Some temporary increase in noise is expected as the site is prepared for the implementation of the proposed project. Because of the character of the area, the distance to neighboring residential uses and buildings, the temporary nature of such activities, and the trees that buffer the project site from surrounding areas, the impact would be less than significant. Because of the relatively small increment of traffic added to the local roadways, the project would not significantly affect future traffic noise levels. The project is not located in the 65 or 70 CNEL noise contour, according to the Butte County General Plan. The project site is not located in an airport land use plan area, nor within two miles of a public or private airport. Mitigation Measure: None required 4.12 HOUSING: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of X roads or other infrastructure? b. Displace substantial numbers of existing housing, necessitating the construction of replacement housing X elsewhere? c. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? X Impact Discussion: The proposed use is for a kennel to house up to 49 dogs on a property approximately 455 acres in size. There is no additional housing or subdivision proposed with this use. The project would not displace individuals or housing. No impact would occur. Mitigation Measure: None required ■ Butte County Department of Development Services ■ Planning Division ■ Page 15 ■ r 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 June 12, 2003, 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: MITIGATED NEGATIVE DECLARATION/ USE PERMIT A. Bruce and Sue Miller, Use Permit to allow for replacement and expansion of a legal nonconforming dwelling (cabin). The existing cabin will be demolished and replaced with a new, larger cabin. The parcel is zoned "U" (Unclassified) and currently has a General Plan designation of Timber Mountain and is zoned U (Unclassified). The property is located on the west side of Jones Creek Road, approximately one-quarter mile from the intersection of Humboldt Road and Shake Mill Road, and 260 feet southeast of Humboldt Road, at 9533 Jones Creek Road, Forest Ranch. APN 060-250-003 (MM) (UP 03-12) NEGATIVE DECLARATION/USE PERMIT B. Darren Chapla, Use Permit for an expansion of an existing kennel for 20 to 35 dogs on property zoned "A-160" (Agricultural — 160 acre parcels). The property is located on the west side of Cana Pine Creek Road, approximately 1 mile north of Broyles Road, at 15593 Cana Pine Creek Road, Chico. APN 047-060-056 (MM) (UP 03-08) The initial study for the project identifies potentially significant effects, but revisions in the project plans or proposals made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur. Therefore, Planning Division staff is recommending a Mitigated Negative Declaration. The Initial Study and Proposed Mitigated Negative Declaration for this project are on file for public review starting, May 22, 2003, through June 11, 2003, at the Butte County Planning Division, 7 County Center Drive, Oroville, California and the Butte County Chico Library, 1108 Sherman Avenue, Chico, California. All interested persons are invited to review the document. Written comments will be accepted by the. Planning Division at the above address. If you challenge either the Mitigated Negative Declaration or the Use Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Division at, or prior to, the public hearing. 0 For further information regarding this project, please contact Mark Markelena, project planner, at the Butte County Planning Division at (530) 538-7376. YVONNE CHRISTOPHER, DIRECTOR OF DEVELOPMENT SERVICES To be published in the Chico Enterprise Record on Thursday, May 22, 2003 DEPARTMENT OF' VELOPMENT & `RVICES �/ PLANNING DIVISION ealtn lro��i 7 Clzvirotnn1erAal County Center Drive H ✓� bra/ Oroville, CA 95965-3397 A�1 p 2043 �c0Un N p j ./�h FAX (530)(538 530) 7785-7601 Ch.lco, California dray, ee?0�3 TO: Environmental Health FROM: Mark Michelena; Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: 'Cb7arren C. Chapla, Use_Permit - L)-- DATE: DATE: January 7, 2003 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-connot be s.ub.mitted_prior to January 21, 02 03 please cull Mark Michelenn 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 May 8, 2003 before the: Fx—]Planning Commission 1-1 Development Review Committee PROJECT DESCRIPTION: Use Permit for an expansion of an existing kennel for 20 to 35 dogs PROJECT LOCAQN�on the_westside of Cana Pine Creek Road, appro� ately 1 mile north of Brotles Road, atti15593_Cana _Pine Creek Road C�hicol, Identified asAPN# 047060-056 County Supervisor District No: 2 ZONING: A-160 (Agricultural - 160 acre parcels) COMMENTS: (Please be specific. Letters or additional comments may be attached): By: Date: RECEIVED ,omits BUM COUNIv DEVELOPMENT SERVICES CHAPALA USE PERMIT CONDITIONS FOR BUTTE COUNTY ANIMAL CONTROL (BCAC) 1) Procure permit to and install waste disposal system in accordance with Butte County Environmental Health regulations. Waste shall be removed from kennels on a regular basis avoid any nuisance situations. 2) Kennel shall be designed and constructed with a ventilation (heating and cooling) system that provides a climate suitable for the intended breeds of dogs. 3) Maximum number of dogs is thirty-five (35) 4) All dogs over four (4) months of age shall be immunized by a licensed Veterinarian with a State of California approved serum. Approved rabies certificates shall be filed with BCAC within ten (10) days of obtaining a new dog or after a dog reaches four (4) months of age. Certificates shall be provided to Butte County Animal Control for dogs currently housed at the facility. 5) No dogs shall be allowed to roam the property. 0 r • DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION 7 County Center Drive Oroville, CA 95965-3397 Telephone: (530) 538-7601 FAX: (530) 538-7785 TO: Public Works Director FROM: Mark Michelena, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Darren C. Chapla, Use Permit - UP 03-08 DATE: January 7, 2003 DI I 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 January 21, 2003, 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 May 8, 2003 before the: Fx1 Planning Commission F-1 Development Review Committee PROJECT DESCRIPTION: Use Permit for an expansion of an existing kennel for 20 to 35 dogs PROJECT LOCATION: on the westside of Cana Pine Creek Road, approximately 1 mile north of Brotles Road, at 15593 Cana Pine Creek Road, Chico., Identified as APN# 047-060-056 County Supervisor District No: 2 ZONING: A-160 (Agricultural - 160 acre parcels) COMMENTS: (Please be specific. Letters or additional comments may be attached): RECEIVED JAN 22W BUTTE COUNTY DENILOPMENT SERNWES RECEIVED JAN 0 7 2003 COUNTY OF BUTTE BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Darren C. Chapla DATE: January 7, 2003 AGENT: APN: 047-060-056 FILE #: UP 03-08 PLANNER: Mark Michelena PROJECT DESCRIPTION: Use Permit for an expansion of an existing kennel for 20 to 35 dogs 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 Cl" 1AroLe& v , . 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 X1. 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. RECEIVE® JAN 0 7 2003 COUNTY OF BUTTE LAND DEVELOPMENT DIV. u+tvv t�cvt;LUriVItN I UIV, DEPARTMENT OF DEVELOPMENT SERVICE PLANNING DIVISION 7 County Center Drive Oroville, CA 95965-3397 Telephone: (530) 538-7601 FAX: (530) 538-7785 TO: Agricultural Commissioner FROM: Mark Michelena, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Applicatin APPLICANT: Darren C. Chapla, Use Permit - UP 03-08 DATE: Januar 7, 2003 BtrPMENT E Y nt�tor�zEwr s� 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 January 21, 2003, 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 May 8, 2003 before the: FlPlanning Commission F-1 Development Review Committee PROJECT DESCRIPTION: Use Permit for an expansion of an existing kennel for 20 to 35 dogs PROJECT LOCATION: on the westside of Cana Pine Creek Road, approximately 1 mile north of Brotles Road, at 15593 Cana Pine Creek Road, Chico., Identified as APN# 047-060-056 County Supervisor District No: 2 ZONING: A-160 (Agricultural - 160 acre parcels) COMMENTS: (Please be specific. Letters or, additional comments may be attached): L.-fiW1 OR DEPARTMENT OF EVELOPMENT SERVICES • PLANNING DIVISION 7 County Center Drive Oroville, CA 95965-3397 Telephone: (530) 538-7601 FAX: (530) 538-7785 TO: CDF FROM: Mark Michelena, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Darren C. Chapla, Use Permit - UP 03-08 DATE: January 7, 2003 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 January 21, 2003, 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 May 8, 2003 before the: Fx� Planning Commission F-1 Development Review Committee PROJECT DESCRIPTION: Use Permit for an expansion of an existing kennel for 20 to 35 dogs PROJECT LOCATION: on the westside of Cana Pine Creek Road, approximately 1 mile north of Brotles Road, at 15593 Cana Pine Creek Road, Chico., Identified as APN# 047-060-056 . County Supervisor District No: 2 ZONING: A-160 (Agricultural - 160 acre parcels) COMMENTS: (Please be specific By: Letters or additional comments may be attached): Date RECEIVED JAN 8 BUTTE COUNTY DEVELOPMENT SERVICES -7,0 "DRAFT" LEAD IN SHEET - FILE NO: U P () 3 - 0 b AP# 0q 1 - Okoo - 05 (o APPLICANT: C- CH A eL A - OWNER: QA(? -9&N hNp 466 L`( C4AP(,A REPRESENTATIVE: SA(0e PROPOSED REQUEST: (to be filled out by person taking in application) U S e Pf 2yH,-r f✓L- A- LG&&1 •L /nj —?fC A - 1& d CAC—,e i c ut-rvtz,-e- /(00 Act26-i ,,A)imum) FINAL REQUEST: (to be filled out by project planner) Per -m., -r Po/Z- A -JJ Of- ►4K) &XI S7 -1m( fir✓ AJNOL X02 ao-o 3,�- O�c- . IS /,kJ TM,- A-1 AG�rcuc ra4L- 1 Apo Af R -c MoiiroVlmZokjE- SIZE: S 5 a pC(' t✓ S LOCATION: oN rhe ewes oc vF c' i,�AiA c%�cEr-- P-oAo ; APPRox &A ICY % /Y! ILE tilDlLttF D` BQo yLl: S pzoAo, At 1 SSq 3 CASA c/zcEk- P -0 6A, . c4i co SUPERVISORAL DISTRICT # EXISTING ZONING: A " i (a d GENERAL PLAN DESIGNATION: OFC (•O2C11#90-1.9 41vO Ft cCO CXOPS ASSIGNED PLANNER: f Qp%e-k- Mit�-Y_J- AJA` PLANNERS INITIALS V Date Application Received Io2 61. Od, Date Project Assigned 1a.13l 10.), 30 Day Complete 1 h6/63 Preset Hearing Date 519 103 U D EC 3 1 2002 8 J) TIE GCUN T`1 ! KANi NG DIVISION • APPLICATION: DATE: County Offices and Cities: COMMENT DISTRIBUTION LIST _ Chief Administrative Officer _X_ Develop. Services Director X Environmental Health X Assesor _ _Sheriff BCAG _)L LAFCo _ Air Quality Mgmt. Biggs _ Gridley Oroville _ Paradise Information Systems Dept Animal Contra( 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 _ Thennalito 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 _ Caffrans (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. _ 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 Building Manager _ ALUC Butte Co. Farm Bureau Chico _ Chico Airport Commission X Agricultural Commission _ Durham Inigation _ 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 K: \P LAN N I N G\FO R M S\D I STR. L I S DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION 7 County Center Drive Oroville, CA 95965-3397 Telephone: (530) 538-7601 FAX: (530) 538-7785 TO: FROM: Mark Michelena, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Darren C. Chapla, Use Permit - UP 03-08 DATE: January 7, 2003 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 January 21, 2003, 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 May 8, 2003 before the: 7 Planning Commission FIDevelopment Review Committee PROJECT DESCRIPTION: Use Permit for an expansion of an existing kennel for 20 to 35 dogs PROJECT LOCATION: on the westside of Cana Pine Creek Road, approximately 1 mile north of I�Lf ,.,r -_ams -Road, at 15593 Cana Pine Creek Road, Chico., Identified as APN# 047-060-056 Vo� County Supervisor District No: 2 ZONING: A-160 (Agricultural - 160 acre parcels) COMMENTS: (Please be specific. Letters or additional comments may be attached): By: Date: Project Description Sheet This project includes the acquisition of a use permit for the existing 16' x 36' concrete and steel kennel building and for the construction of an additional matching 16'x 36' concrete and steel kennel building. Cornerstone Kennels is dedicated to raising healthy, happy Bichon Frise and Havanese puppies. These dogs are small, pleasant little animals weighing between 10 - 15 pounds when fully grown. All puppies raised by us will be placed directly in approved homes with a written health guarantee. Our Kennels include large indoor/outdoor runs, indoor heating and cooling, automatic watering system, drains, hot water heater, sinks, washer/dryer and refrigerator. (See attached plans) We are not a grooming or boarding kennel and do not allow outside animals to enter our facility. We are a family owned operation and maintain between 20 - 35 dogs. All our dogs receive complete veterinarian care. For further information, please contact Butte County Animal Control Officer Davis who has inspected the above described site. 1 Z. - 3 1 U Z L C G oFF i�•1 V S Acv -�- -� S r�� c �-�� F=J PO Sc:- O �(� �► t1 C. -s T' SS �Ve-e-t `r —1 Y _- 4�v o-- �s Fop T !-i I p0(�S C./rZ� �vTLY I�C�✓S�t� E—i V�mo� APi'qIo t`�CLL G���o woe DEC 31 2002 �l t3UT7c COUNly MANNING DIVISQN 017-(-) o 'O 016_, SQ 1-0 VAI is .� ;j POE; -9 �0 7 0 o LI i 0 Sy41 i II' - 01 �� �— /Vpo� Ac, V z `i Ll ■ • Complete items 1, 2, W. Also completer *—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. Article Addressed to: • FSC %r: , } 4= A ., k arren�G �"Cha- ' �'11 r :fit 3793 Road 22'4 ' �Or[anc ' CA 95963 �A: S tur '❑ Agent ` ❑ Addressee Recei ed (Printed Nam e1 C. Da a of. Delivery D. Is delivery 6ddress diffe nt from item 1? ClYeS If YES, enter delivery address below: ❑ No 3. Serve Type r•1s� Certified Mail ❑ Express Mail "': ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. U P O3 -0a 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7001 '1940"0005 -447.2•""3872 " (transfer from service label) I 1 1 I 1 ,•Trf _, t.. � ` F s .. I , r'7` PS Form 3811, August 2001 Domestic Return Receipt 102595.02-M-1540 UNITED STATES POSTAL SERVICE �ATO First,Clast s • �t , _ P- D �ostage &Fees Raid= �, PS_ Permit'"T7t3'� 10 04 OCT L^ • Sender: Please print your � 3 ddress, and In this COUNTY OF BUTTE . DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION 7 County Center Drive Oroville, CA 95965-3397 tris USE PERMIT BUTTE COUNTY PLANNING COMMISSION A.A DATE: (Certified Mail Ree.) UP 03-08 PERMIT NO. 047-060-056 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Darren Chapla is hereby granted a Use Permit to establish a commercial dog kennel for up to 49 dogs on APN 047-060-056 on Cana Pine Creek Road. 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning. Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this Use Permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this permit must be established within 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. 1 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. Development fees for the proposed non-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, School Fees, Park and Recreation District fees, Water and Sewer Service Fees, Permit and Plan Check Fees, and Fire Protection Fees. 2. The Kennel operator shall maintain a valid kennel license in accordance with Chapter 4, Sections 3 and 4 of the Butte County Code. 3. The kennel operator shall not create average noise levels in excess of 55 dB Leq at property lines. If average noise levels exceed this level for a 15 minute period or on a daily basis, noise mitigation measures shall be implemented that may include noise activated sprinkler systems, sound walls, or other methods approved by the Department of Development Services. Any necessary noise mitigation measures shall be installed within.one month of being identified as necessary. 4. A Use Permit may be deemed revoked by the Planning Manager if the use for which the permit was granted has ceased or has been suspended for a period of twelve (12) consecutive months. 5. The Facility may not encroach into, under, over, above, or upon any public street in the unincorporated area of the County in the absence of a valid encroachment permit from the County. 6. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. 7. All outstanding application processing fees shall be paid prior to issuance of the Use Permit. 2. L] Public Works • 8. Prior to the issuance of building permits deed to Butte County, in fee simple, 30 feet of right-of-way from the centerline of Cana Pine Creek Road. The 30 feet will run the length of the property, approximately 4,675 feet, which fronts along Cana Pine Creek Road. 9. Prior to the issuance of building permits for the kennel structures, a plan for a permanent s solution for drainage shall be submitted to and approved by the Department of .Public Works. The drainage plans shall specify how drainage waters, based on the kennel structures, 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. Building Division 10. Building permits are required, for both the existing and proposed buildings. Provide plans and calculations prepared, sealed, and signed by a California licensed architect or registered engineer verifying adequacy of building for proposed use. Design shall be in compliance with the 1998 California Building Codes. Butte County Animal Control 11. Install waste disposal system in accordance with Butte County Environmental Health regulations. The system will consist of an adequately sized septic tank and leachfield to catch washes from the dog runs and kennel floor. A closeable lid must be installed to prevent rainwater from flowing into the system. The kennel operator shall clean and remove all excrement from the kennel as needed to maintain a sanitary environment. The system must be installed under permit from the Butte County Environmental Health Division. 12. Maximum number of dogs is forty-nine (49) 13. All dogs over four (4) months of age shall be immunized by a licensed veterinarian with a State of California approved serum. Approved rabies certificates shall be filed with Butte County Animal Control (BCAC) within ten (10) days of obtaining a new dog or after a dog reaches four (4) months of age. Certificates shall be provided to BCAC for dogs currently housed at the facility. 14. No dogs shall be allowed to roam the property. Except for up to 5 personal dogs, all dogs shall be kept secured 24 hours a day unless being' exercised, which shall be done under the verbal or leashed control of the operators. Except for up to 5'personal dogs,. no dogs shall be left outside the kennel without direct supervision. 3 County Counsel 16. 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 indemnify the County of Butte 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. I hereby declare under penalty of perjury that I have read the foregoing conditions that they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Dated: 6 - 3Q - ©3 A�L�* C 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. But ounty Planning Commission Chairman CC: Building Division Environmental Health Department Butte County Fire Department/CDF Assessor ----------- 5i Aq IL lie ve, ----------- 5i 4 Aq lie ve, 4 APPROVED Development Plan DATE / USE PERMIT..,ZVARIANCE .._._. MINOR/U.P. _,_,ADM.PERMIT._._._ PLANNING COMMISS. koT - CC 1, PA,J LK � 1 DEVELOPMENT H s' -s A c2cS 17 0 2 ' MAP Sc:ALE 1 li 1000 I W � 1 a 2to6 711,4-4�- 0,4�-060 0 I a , glk+in...f rrwersaa.r. -h ....S,.i d : we wuxAa n now vtitY_ K `aOFC l ` P2 Poste^ {}fir f Is r 00 R 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 September 26, 2003 Darren C. Chapla 3793 Road QQ Orland, CA 95963 CERTIFIED MAIL Re: Use Permit UP 03-08, APN 047-060-056 Dear Mr. Chapla: Enclosed is your validated Use Permit for an expansion of an existing kennel for 20 to 35 dogs. Project site is in the A-160 (Agricultural, 160 -acre minimum) zone, located on the west side of Cana Pine Creek Road, approximately 1 mile north of Broyles Road, at 15593 Cana Pine Creek Road, Chico. Should you have any questions regarding this matter, please contact this office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Roni Thornton Office Assistant H Enc. cc: Land Development Division (g) Building Division (y) Environmental Health (p) Department of Forestry (gld) Larry Painter i ru Postage $ r% - Certified Fee Retum Receipt Fee Postmark ul (Endorsement Required) Here O C3 Restricted Delivery Fee C3 (Endorsement Required) r .�- Total Postaee_d Fees_ ' I p Darren G j04yat -y .3793 ------------------ o OrfancC Cil 95963 ; 0 i� I .. 0 E MEMORANDUM PLANNING DEPARTMENT TO: Butte County Assessor's Office FROM: Butte County Planning Department SUBJECT: Darren C. Chapla, UP 03-08 DATE: September 26, 2003 Pursuant to Section 65863.5 of the Government Code, the following parcel identified as 047-060-056, was: Rezoned from to zoning district. Granted a variance to X Issued a conditional Use Permit for an expansion of an existing kennel for 20 to 35 dogs. Project site is in the A-160 (Agricultural, 160 -acre minimum) zone, located on the west side of Cana Pine Creek Road, approximately 1 mile north of Broyles Road, at 15593 Cana Pine Creek Road, Chico, zoned A-160 (Agricultural, 160 -acre parcels). -J • v • DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT. Darren C. Chapla 3793 Road QQ Orland, CA 95963 FILING NO. Project Title/file number: Use Permit, UP 03-08 APN: 047-060-056 AUC 9 4 2033 } L_ CANDACE J. GRUBBS, BUTTE CO. CLERK _' VALL-E-JO. DEPUIr CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION O A. Statutorily or Categorically Exempt $36.00 Clerk's Documentary Handling Fee (X) 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 O B. Environmental Impact Report $850 State Filing Fee $36.00 Clerk's Documentary Handling Fee 3. O OTHER (Specify) $36.00 Clerk's Documentary Handling Fee PAYMENT / NON-PAYMENT OF FEES: 1. (X) PAYMENT: The above fees have been paid. See attached receipt(s). #20916 . 2. () NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By:, Yvonne Christopher Title: Director - Development Services Lead Agency: Butte Coun� Department of Development Services Date: August 11, 2003 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE.. • NOTICE OF DETERMINATION • TO: _ Office of Plan.& 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 03-08, Use Permit AP Number: 047-060-056 Applicant: Darren C. Chapla, 3793 Road QQ, Orland, CA 95963 State Clearinghouse Number (If submitted to clearinghouse): Contact Person: Mark Michelena Telephone Number: 538-7601 Project Location: on the westside of Cana Pine Creek Road, approximately 1 mile north of Broyles Road, at 15593 Cana Pine Creek Road, Chico. Project Description: Use Permit for an expansion of an existing kennel for 20 to 35 dogs This is to advise that the Butte County Planning Commission has approved the above-described project on June 12, 2002, and has made the following determinations regarding the above-described project: 1. The project will, X will not, have a significant effect on the environment. 2. An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. X A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures were, X were not, made a condition of the approval of the project. 4. A statement of overriding considerations was, X was not, adopted for this project. This is to certify that the final EIR with comments and responses and record of project approval is available to the general public at: Date received for filing and posting at OPR Butte County Department of Development Services 7 County Center nve \Oroville, CA 9 Director Development Services �J KAPlanning\PROJECTS\UPC\Chapla*.wpd • 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 03-08, on the westside of Cana Pine Creek Road, approximately 1 mile north of Broyles Road, at 15593 Cana Pine Creek Road, Chico. Project Description: Use Permit for an expansion of an existing kennel for 20 to 35 dogs Findings of Exemption (attach as necessary): 1. The County of Butte has conducted an initial study and prepared a Negative Declaration so as to evaluate the potential of this project for adverse environmental impact: 2. When considering the record as a whole, there is no evidence before the County that the project will have potential for an adverse impact on wildlife resources or the habitat upon which the wildlife depends. 3. The County of Butte has, on the basis of substantial evidence, rebutted the presumption of adverse effect contained in Section 753.5 (d), of Title 14, California Code of Regulations, if applicable. 4. The project is hereby found to be de minimis in its effect on wildlife and exempt. from the State Fish and Game filing fees required by Section 711.4 of the Fish and Game Code. Certification: I hereby certify that the County. of Butte hasmade the above findings of fact and that based upon the initial study and hearing record the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. Lead Agency: County of Butte Date: August 11, 2003 1��3%d. OFc7Ylb `//�f (;S'0 `70th l $S '/-336 tc c wS,o� .�� �•.7 4T-�r..-� o -7 - vWo �•r� DY- �- DATE RECEIPT�ro NO. TOTAL RECEIVED PUBLIC WORKS LAFCO PLANNING PUBLIC SALES ENV. HEALTH FIRE NOE/NOD F/G FEE OTHER APPLICANT RECEIVED FROM RECEIPT 20916 OFFICIAL RECEIPT COUNTY OF BUTTE / STATE OF CALIFORNIA OFFICE OF PLANNING ISSUED BY O 9 CbU `►` OF BUTTE AUDITOR'S CER771C . E E AND MEASURER'S RECEIPT ORO" LLE, CA e ECEEVSD FROM PLANNING BAG X 312 DESCRIPTION DEPOSIT DATE: 1-2 RECEIPTS: 208t6 -M19 FUND TITLE ATR NO DATE FUND DEPT ACCO' CASH CODE CODE CODE CODE 60027 AMOUNT PLANNING APPL FEES GENL 0010 44 01 4210M 101001 Pmled. Number Amount of Fee #047-05M51.1 K Chapin UP 03-09 $700 DOCUME€ TfCOPY SALES - GENL 0010 44DC01i 4711910 $cical LAND DEVELOPMENT GENL 0010 .W4 461$700 $6$0311 160.00 Project Nun, b r Arnount of Fee 4.447 -GOO -058 K Chapin UP 03-08 $ASO EkMR0NW9BlvETAL F.LT"ri GENL W10 54Q= 14831 101031 1&i.00 Project Number Amount of Fee *047-050-0.5,6 K Chapia U P 03-08 FORE PLNG APFL FEE FIRE PROl'ECT 0100 4617240 101-001 43.00 Project Number Arnount of Fee 0047-067-1]56 K Chapia UP 03-03 $43 KQGDANOE CLERKS FILING FE GEHL 0310 470MI 4612395 10,0631 39.03 ($W) Project Number Amount of Fee #047-080-056 K Chapia SSP 03-08 $36 TOTAL. $ %955.00 APPROVED BY:' RECEIVE® BY: AUDgTOR-CONTROLLERTREASURER 17 - ! _ whits---treasumr pEnL zudita:a Butte CountDepariment ofDevelopmentServices YVONNE CHRISTOPHER, DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * GIS * PLANNING August 20, 2003 Darren C. Chapla 3793 Road QQ Orland, CA 95963 CERTIFIED MAIL Re: Use Permit UP 03-08, APN 047-060-056 Dear Mr. Chapla: Enclosed is your validated Use Permit for an expansion of -an existing kennel for 20 to 35 dogs. Project site is in the A-160 (Agricultural, 160 -acre minimum) zone, located on the west side of Cana Pine Creek Road, approximately 1 mile north of Broyles Road, at 15593 Cana Pine Creek Road, Chico. Should you have. any questions regarding this matter, please contact this office between 8:00 a.m. and 4:00 p.m., Monday through Friday. / Sincerely, Roni Thornton Office Assistant II Enc. cc: Land Development Division (g) Building Division (y) Environmental Health (p) Department of Forestry (gld) Larry Painter • USE PERMIT BUTTE COUNTY PLANNING COMMISSION AUG 2 0 2003 DATE: (Certified Mail Rec.) UP 03-08 PERMIT NO. 047-060-056 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Darren Chapla is hereby granted a Use Permit to establish a commercial dog kennel for up to 49 dogs on APN 047-060-056 on Cana Pine Creek Road. 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this Use Permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this permit must be established within 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 Pern- ittee. 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: Development fees for the proposed non-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, School Fees, Park and Recreation District fees, Water and Sewer Service Fees, Permit and Plan Check Fees, and Fire Protection Fees. 2. The Kennel operator shall maintain a valid kennel license in accordance with Chapter 4, Sections 3 and 4 of the Butte County Code. 3. The kennel operator shall not create average noise levels in excess of 55 dB Leq at property lines. If average noise levels exceed this level for a 15 minute period or on a daily basis, noise mitigation measures shall be implemented that may include noise activated sprinkler systems, sound walls, or other methods approved by the Department of Development Services. Any necessary noise mitigation measures shall be installed within one month of being identified as necessary. 4. A Use Permit may be deemed revoked by the.Planning Manager if the use for which the permit was granted has ceased or has been suspended for a period of twelve (12) consecutive months. 5. The Facility may not encroach into, under, over, above, or upon any public street in the unincorporated area of the County in the absence of a valid encroachment permit from the County. 6. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. 7. All outstanding application processing fees shall be paid prior to issuance of the Use Permit. 2 Public Works 8. Prior to the issuance of building permits deed to Butte County, in fee simple, 30 feet of right-of-way from the centerline of Cana Pine Creek Road. The 30 feet will run the length of the property, approximately 4,675 feet, which fronts along Cana Pine Creek Road. 9. Prior to the issuance of building permits for the kennel structures, 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, based on the kennel structures, 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. Building Division 10. Building permits are required, for both the existing and proposed buildings. Provide plans and calculations prepared, sealed, and signed by a California licensed architect or registered engineer verifying adequacy. of building for proposed use. Design shall be in compliance with the 1998 California Building Codes. Butte County Animal Control 11. Install waste disposal system in accordance with Butte County Environmental Health regulations. The system will consist of an adequately sized septic tank and leachfield to catch washes from the dog runs and kennel floor. A closeable lid must be installed to prevent rainwater from flowing into the system. The kennel operator shall clean and remove all excrement from the kennel as needed to maintain a sanitary environment. The system must be installed under permit from the Butte County Environmental Health Division. 12. Maximum number of dogs is forty-nine (49). 13. All dogs over four (4) months of age shall be immunized by a licensed veterinarian with a State of California approved serum. Approved rabies certificates shall be filed with Butte County Animal Control (BCAC) within ten (10) days of obtaining a new dog or after a dog reaches four (4) months of age. Certificates shall be provided to BCAC for dogs currently housed at the facility. 14. No dogs shall be allowed to roam the property. Except for up to 5 personal dogs, all dogs shall be kept secured 24 hours a day unless being exercised, which shall be done under the verbal or leashed control of the operators. Except for up to 5 personal dogs, no dogs shall be left outside the kennel without direct supervision. 3 County Counsel 16. 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 indemnify the County of Butte 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 appeafhearing. I hereby declare under penalty of perjury that I have read the foregoing conditions that they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. -. Dated: Applicant NOTE: Issuance of this Use Permit does not waive requirements of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. B to County Planning Commission Chairman CC: Building Division Environmental Health, Department Butte County Fire Department/CDF Assessor 0 County of Butte Oroville, California GENERAL CLAIM DATE OF CLAIM: June 23, 2003 ' IMPORTANT. ' CLAIMANT: Darren CGhapla'n; r - z '' SEE INSTRUCTIONS ADDRESS: 37933RoadIQQ °, . .r ,:, ::.> �� .. a ra: BELOW CITY, STATE: Orland; SUBMIT CLAIM TO DEPARTMENT RECEIVING GOODS OR SERVICES DATE DESCRIPTION OF CLAIM (DESCRIBE FULLY TO AVOID DELAY) AMOUNT June 23, 2003---- REFUND of remaining funds on Planning Application-UP 03-08-,AP #047-060-056 Approved/Final June 12, 2003. See Detail' $188.62 ATR 63791, Dated 5/19/03 TOTAL $ 188.62 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. 3 rel pate U5is� � d iL7C/e 20Q3MR, Z D�:, Q-makf"6, Signature of Clalmant 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 Ap (Check one) forme. Dated this �a day of 2003, at Oroville nt 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 4210900 PAYABLE FROM GENERAL. FUND -DO NOT WRITE BELOW THIS LINE - AUDITOR-P USE ONLY DEPT & SUB. PROJ. SUB. OBJ. CLAIM NO. INV. NO. I V. 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 COLEk7v. OF AU09TC^R`S CERWILC�1n�T�EI/I��AKD TREASURER'S a�°ECEAPT F.£7'�aV. MiL E, CA RECEIVED FROM PLAMMGNG BAG 0 329 ATR .40 DATE FUND FUND DEPT ACCT CASH DESCRIPMOOBV MTLE . CODE CODE CODE CODE AM.10 NT DEPOSOT DATE: 5-a9 RECEIPM 21174-2gi PI ANNI6((G ADPL FEES GENL GM 44M 1 426 101:001 2,2557.53 Pmje€at lumber Amount of Fee #024-IM047 r3' HunMar EJP 03-05 $050.47 #050-4Q0-027,034 .D Perske DET 03-05 $100 #044-030-144 F Tefs MUP 03-04 $445.25 O€is47-060-056 D Chapla UP 03-08 $974.94 0024-449 024 Sum Dmvvn Letter $30 LAND DEVELOPMENT t QENL 0910 44$304 '4611700 1,601081 458.03 PFgject Number Amount of Fee #050-400-027,034 D Pei -she DET 03_-05 $450 E RONMEN AL HLT.4 ' ENL 0010 4814SCI 101001 3€2.M Pn�ect Number Amount of g=ee M 56-1M 127,031 D F'erske DET 03-05 x+372 APPROVED BY: AUDITOR -CONTROLLER 9ECEGVED BY: TREASURE astane— P5n- iz—arLgdEtas �mc� = 6e �sQ� r 936den ri�ude RECEIPT JOURNAL "o Rv, , VL _j 0; 14,j , w C*Ji—ll-7 - 590 1 G4rn U 13 4,Kda'jUa, r--kW=q,'-3' n1lNo'l 2A- , — - - I - , - 1. -L& '71 j- , 37 COUNTY OF BUTTE OFFICE OF PLANNING I RECEIPT 21177 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING ISSVEO,- DATE RECEIPT TOTAL z PUBLIC• y LAFCO~ I ' PLANNING PUBLIC ENV. ' - FIRE NOE/NOD OTHER 1 APPLICANT RECEIVED FROM NO. RECEIVED WORKS SALES HEALTH F/GFEE - RECEIPT 21177 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING ISSVEO,- ' X 19 0� Iii q�l$7 •gl c.p RECEIPT TOTAL PUBLIC . NOD gppLICANT.. RECEIVED FROM DATE LAFCO PLANNING: PUBLIC ENVFIRE NOE/OTHER- . NO.. RECEIVED WORKS I SALES HEALTH F/G FEE - RECEIPT: 11 71 ' OFFICIAL RECEIPT _ COUNTY OF BUTTE STATE OF CALIFORNIA. OFFICE OF PLANNING .. ISSUED BY • � ll2�il � P �1i'���.J Butte County Deparanent ofDevelopment Services Administration - AR 7 County Center Drive Oroville, CA 95965�:� (530) 538.7601 Telephone Use Permit Applicant: Darren Chapla 3793 road QQ Orland, CA 95963 P File: UP 03-08 APN:047-060-056 Date: May 9, 2003 I I N V 0 1 C E UP 03.08 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 receive a FINAL INVOICE. The following charges have been applied to the processing of your application: Professional Planner Mapping Clerical The following payments have been applied to your application: Deposit Date: December 30, 2002 Receipt: 20916, Check 4501 Total Payment $1,114.00 TOTAL CHARGES: Deposit Disbursement: Environmental Health $185 Land Development $150.00 CDF/Fire Department $43.00 NOD/NOE Filing Fee $36.00 DEVELOPMENT SERVICES - PLANNING DEPOSIT costs thus far In processing your application have exceeded the deposited/paid amount by: additional deposit is required to continue processing this application TOTAL PLANNING FEES DUE 860.81 51.00 60.00 271.81 $ 700.00 $ 971.81 County Code 3-44 Hourly fees; deposits; billing procedures. County code requires when the initial deposited funds are depleted to c it equal to 25% of the original deposit, no processing of the application will occur until the applicant deposits sufficient funds to restore :e equal to the amount of the initial deposit, or a lesser amount as determined by the Director of Development Services. In the event tt ant does not provide sufficient funds to continue processing an application, the application will be denied. Make checks payable to: Butte County Treasurer and send it to us at the above address. Should you have any questions, please call Accounts Receivable from 8:00 a.m. to 4 p.m., Monday through Friday. AMOUNT DUE AND PAYABLE $ 971.81 cs May 27, 2003 K:\FISCAL ADMIN\BILLING LETTERS\SENT BILLINGS\050903 Inv Chapla UP 03-08.xls Butte County Depar&nent ofDevelopment Services BUTTE Administration - AR COUNTY 7 County Center Drive MAY 16 2003 Oroville, CA 95965 (530) 538.7601 Telephone DEVELOPMENT SERVICES Use -Permit. ermit. Applicant: Darren Chapla 3793. road'QQ Ofland, CA 95963 FIIe::UP 03-08 APN: '047-060-056.' . Date:''Mtay 9, 2003. .I—N-WO 4. C -E UR 03.08 _ inning charges are captured in arrears. At the date of this invoice, the following charges had been recorded and entered into our billing progi :re maybe additional charges in the processing of your application that have not yet been entered into the billing program, and arenot reflex this involce. Charges entered after this invoice date will be reflected on subsequent billings. At the time all charges are entered and billed, receive a FINAL INVOICE. following charges have been applied to the processing of your application: Professional Planner $ 860.81 Mapping 51:00 Clerical 60:00 TOTAL CHARGES: The following payments have been applied to your application: Deposit Disbursement: 3osit Date: Decer-nWr:30:.2002 _ Environ imeiital Health $185 xipt: 20916.:Check450:1' Land_Development$150:00. al Payment $1,114.00 CDF/Fine-Depd'trneni. $43.00 NODIN'OE Filit g.Fee $36.00 DEVELOPMENT SERVICES - PLANNING DEPOSIT $ 1700.00 : costs thus far In processing your application have exceeded the depositedfpaid amount by: $ 271.81 additional deposit is required to continue processing this application $ 700.00 TOTAL PLANNING FEES DUE $ 971.81 County Code 3.44 Hourly fees; deposits; billing procedures. County code requires when the initial deposited funds are depleted to r it equal to 25% of the original deposit, no processing of the application will occur until the applicant deposits sufficient funds to restore :e equal to the amount of the initial deposit, or a lesser amount as determined by the Director of Development Services. In the event It ant does not provide sufficient funds to continue processing an application, the application will be denied. Make checks payable to: Butte County Treasurer and send it to us at the above address. Should you have any questions, please call Accounts Receivable from 8:00 a.m. to 4 p.m., Monday through Friday. a K:IFISCAL ADMIWILLING LETTERSISENT BILLINGS1050903 Inv Chapla UP 03-08.xis DEC 3 1 2002 BUTTE OOUNT`f�� PLANNING DIVISION PINE- CIz-ZK RA.,JG1A LA SS' A c2,c--S l 170 2 MAP f(ALV- I /i = .f 000' \\, i V ,I 2to6 � \` 09-060_-05fa A-16 Cr 1 / OFC a'� Q2Psc --- \ RANCU SNr,p` i 3.5" Concrete Slab oped to center drain 11 Dog Food 6'x 5'_ IStorage Contai 36'x 15' ..F h 1� DEC 3 1 2002 t� BUTTE COUNTY PLANNING DIVISION ma 67"Screenings_ Fine Grave. '� Y f 1Z x 15' r oj x 2,' Windows 6'x:15' Lj Typical 2 x 2 'Windows Bove Magnad rs I iDr i 3.5" Concrete Slab oped to center drain 11 Dog Food 6'x 5'_ IStorage Contai 36'x 15' ..F h 1� DEC 3 1 2002 t� BUTTE COUNTY PLANNING DIVISION ma 2' x 2,' Windows Bove Magnald Lj i JI l J Cornerstone Kennels Top Left View J® Dog Food 3.511 Concrete Slab 36'x 15' 1 sloped to center drain U11 i� DEC 3 1 2002 J�J 811 T� Gr.l1;°I I'i � Cornerstone Kennels Top Right View 0 0 �1 U11 i� DEC 3 1 2002 J�J 811 T� Gr.l1;°I I'i � Cornerstone Kennels Top Right View 0 0 PINE. cgli�LY RA.,Jc-u , H s""s A c2v,-S 1 170 ' MAP ScAL— 1�Io.00/ \� j .���� \ �: s+ �' st32'q �.r.�j(((.�A�.sry_j{S�a Y�� •�' �\ IAS, a� �jq"4���'ih -R - 0 2002 EC 31 t �..�----- -- . o ,�-���� � ku � -• � �: �, . r ,ply a 2to6 1 I g�trr a rME w As �04� 060 05'�s�xM�a�� /3��+ •rrrU7 >w`iiy,�-+.mss \I? \ "t /� ' h -ate+, N Mill v r ,1'`+ , �7`q.n m dr. ��g � y t ry i> !�t•5 F,:P-�i�,�,tmc U'"s.r.��°^ 'tr�s� �1�'� 1'" �.e��•b`_r�I� o�. � �-�"�x•< ..� r �S'���_+s5�'�,,r Le j`'�.•;3� �"�/tz�-' fx' ,�sal ti � ;,.,�•4Js. asr'l 'h � s '�rz .. cP L� k ar4y?t.- t � + +3. r %4 � � �'t3.� C ,�- � % t A - 3 + €i i:J�L$ iT�•�(� V �:�,tiic�'V / rtC' v G� \� _ lo �,�7-: j4 —s �rwx r'�'k'�'`'1�''' ��.��'� Y�.�s�li� 'ir I` ` �ri„�,raY\�����,i 7�°nB$.t. �.1..'!FD, .C� . 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TEHAMA MOUNT it 31 32 3 33 ---------- - - --_ - ---" - -- --' 8619:J3-- - -- - _ _ -- - ��-------------•----- N a 2441.87 ____________________--__-_--__ ----------- ------------^-__-.-__-_-_-�------_----------------------------- ---------------------------- i J04.63 50 425.00Act . i 48 Z ` ;;. 425.00Act 117.83A j- ?Q95 70 455.21Act / 4 LA? h ; A x) 76 505.11 -6 mo-:---- - -----N8�384� -- - - --- - - ' 3 }� 770J.2? rSt136 261956 9 0 a5 O 3s .9, 167.87Act 78.00Ac o 5i 0 38 39.09Ac $ 8 78.70Ac 80.00Ac- 102.3OAc a _ -' -' - - - - - - 83800 627.00 .1126.Jr OD = ' ca ! ; sRS28 - o O A 40 26 42 41 39 !06RS49 0 24 �; 10 0 39.00Ac 43.48Ac 34.6OAc 26.00Ac 19.00Ac 33.69Ac 4 �.7�1 ROAD 31 - BROI'LES F02r'e ------ ----------��--- r2s9.64 129690 1027.04 67841 9' sw : a 47-06 ' .28Ac S3 54 33 1 46 20.65Ac$ 512-3120 srs r4 36 I 1286.64 1063.70 21 pct : 19.99Ac 19.99Ac �o 39.08Ac 35 ;' rJaoss 2.72,4c 2.27Ac ,'33RS2 OB REVISED ON 5-17-2001 - 99.16Act 21 45 - Q 1 1 80.09Act 78.83Act 37 . .9J 69 N 9 29 RECEIVED 58 57 s2Ac $ ,�� a 77.38Act Butte County Assessor s Mop J U L 0 9 2001 T :. 153.6OAct _ 14ORS48 Book 47, Page 06 38.00Act 6985!8 ti~ O PurPOm 9 10 H0� Thews may not cmdftb COUNTY OF BUTTE 7 _8�-.-----_.__. _.. ___..------...----_---- P9 LAND MELOPMENT DIV.. 18117 0 16 kti'`� 35.60Ac 16 15 08 \ , - 1290.83 MAW S89'59'58'E I 1286.64 1063.70 21 CRE47M BY 08 CREATED ON 5-17-2001 REWSED BY OB REVISED ON 5-17-2001 - - FfFECIfYE 2001 ROLL UP • 5000 0 5000 10000 Feet 0 Parcel.shp General Plan 0 Zoning ",%/i' Roads