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UP 04-13
"APPLICATION ACTIVITY LOG l Applicant: Larry Biegler and Wallace Schwartz Project Number: UP 04-13 APN: 065-460-019, 020 Action Person Contacted* Phone Date, (Use more than one line if necessary) Number*. Time Spent *If applicable. Documentl PROJECT SUMMARY SHEET FILE NO.: UP 04-13 PROJECT TYPE: Use Permit APN: 065-460-019, 020 APPLICANT: Larry Biegler and Wallace Schwartz ADDRESS: P. O. Box 1415, Chico, CA 95927 PHONE: (530) 872-4462 OWNER: Larry Biegler and Wallace Schwartz ADDRESS: P. O. Box 1415, Chico, CA 95927 REPRESENTATIVE: ADDRESS: REVISED PROJECT DESCRIPTION: Use Permit to establish one single family dwelling on each parcel LOCATED: on the north side of Hollywood Road, approximately 400 feet east of Skyway, Magalia PROPERTY ZONED: C-C/WP (Community Commercial% GENERAL PLAN DESIGNATION: C (Commercial) TOWN/AREA: Magalia 1 2 3 4. 5. 6. 7. 8. 9. Application accepted:' 11/20/2003 Amount: $ 1114.00 Receipt #: 391335 Assigned To: Mark Michelena Comments sent to: Development Services Director, Public Works Director, Environmental Health., Assessor, LAFCo, CDF, Building Manager, County Counsel, City of Paradise, Paradise Recreation & Park, PG&E, Ag. Commission Sent to Inter -Departmental Review Committee (IDR): 07/07/04 Status Letter sent to applicant: Date scheduled for IDR: 7/21/2004 Comments received from: Rezone Petition Signatures Checked: Mailing List/Lead-in Sheet: .10. Environmental Determination: State Clearinghouse No. Categorical Exemption-CEQA# Negative Declaration Mitigation Negative Declaration Subject to Fish & Game: Environmental Impact Report Gen. Rule Ex. — CEQA # Other 11. Staff Report: Project Video: 12. Clearinghouse circulation required: Yes No Date Sent to SCH: 13. Publication No iif written: /0 - S%0 Display Ad Prepared: 14. Notices Mailed: % 6 'S 41056114 Number of Notices: aeW 15. Newspaper Publication Date: /0 O C G B 16. Planning Commission Hearing(s): //J/$ p Action taken: deyye-id 17. Board of Supervisors' Hearing(s): ill L200 Action taken: Board Resolution No.: Ordinance No: Adopted: 18. Type Use Permit/Send for signature: 19. N.O.E. / N.O.D. / APPENDIX G: �I� Fish & Game Fees Paid: Yes No 20. Send validated Use Permit/Minor Use Permit to applicant, representative: Al 21. Assessor's Memo (Use Permit, Minor Use Permit): a PROJECT SUMMARY SHEET FILE NO.: UP 04-13 PROJECT TYPE: Use Permit APN: 065-460-019, 020 APPLICANT: Larry Biegler and Wallace Schwartz ADDRESS: P. O. Box 1415, Chico, CA 95927 PHONE: (530) 872-4462 OWNER: Larry Biegler and Wallace Schwartz ADDRESS: P. O. Box 1415, Chico, CA 95927 REPRESENTATIVE: ADDRESS: PROJECT DESCRIPTION: Use Permit to establish five dwellings (one duplex and one tri-plex) on each of two lots in the C-C/WP (Community Commercial/Watershed Protection Overlay) zone in Magalia LOCATED: on the north side of Hollywood Road, approximately 400 feet east of Skyway, Magalia PROPERTY ZONED: C-C/WP (Community Commercial/Watershed Protection Overlay) GENERAL PLAN DESIGNATION: C (Commercial) TOWN/AREA: Magalia 1. Application accepted: 11/20/2003 Amount: $ 1114.00 Receipt #: 391335 2. Assigned To: Mark Michelena 3. Comments sent to: Development Services Director, Public Works Director, Environmental Health, Assessor, LAFCo, Ag. Commissioner, CDF, Building Manager, County Counsel, Sheriff, AirQuality Mgmt., City of Paradise, Paradise Recreation & Park, P. G. & E., DFG, Paradise Unified School District 4. Sent to Inter -Departmental Review Committee (IDR): 5. Date scheduled for IDR: 12/10/03] 01� bUMRSEDED 6. Comments received from: 7. Rezone Petition Signatures Checked: 8. Mailing List/Lead-in Sheet: 9. Environmental Determination: State Clearinghouse No: Subject to Fish & Game: 10. Staff Report: Project Video: 11. Clearinghouse circulation required: Yes No Categorical Exemption-CEQA# Negative Declaration Mitigation Negative Declaration Environmental Impact Report Gen. Rule Ex. — CEQA # 15061. (bx3) Other Date Sent to SCH: 12. Publication Notice Written: Display Ad Prepared: 13. Notices Mailed: Number of Notices: 14. Newspaper Publication Date: 15. Planning Commission Hearing(s):"d�,��� 9 Action taken: Special Conditions: Commission Resolution No.: 16. Board of Supervisors' Hearing(s): Action taken: Board Resolution No.: 17. Type Use Permit/Send for signature: 18. N.O.E. / N.O.D. / APPENDIX G: 19. 20. 21. Send validated Use Permit: Assessor's Memo: Copy of Use Permit to Planning Technician: O C P G B Ordinance No: Adopted: Fish & Game Fees Paid: Yes No SUPERSEDED 0 Larry Biegler and Wallace Schwartz, proposed Negative Declaration with mitigation . measures regarding environmental impacts and Use Permit to allow one single family dwelling on each parcel in a C -C (Community Commercial) zone. The property is located on the north side of Hollywood Road, approximately 400 feet east of Skyway, Magalia. APN 065-460-019, 020 (MM) (UP 04-13) 1 Mr. Michelena gave a brief summary of this project. There was a brief discussion on access on an approved map. He said the existing map limits access to two points. Mr. Edell said in the original subdivision there were certain criteria for access. He said the map restricts access to these lots. Mr. Michelena explained the requirement for a sound wall between the residential dwellings and the adjacent commercial uses. Commissioner Evans asked if the applicant had indicated whether they had any home occupations or other commercial uses proposed in addition to the residences. Mr. Michelena said there was some talk regarding moving the driveway to between the two parcels for possible fixture commercial uses. He said moving the driveway between the parcels was not an option because of the water pipes. The hearing was opened to the public. Dave Barrett, 6420 Hollywood Road, said he owns an automotive shop and has been there for 11 years. He said he was not against residential use, but was concerned that allowing residences could have a negative impact to his business. He said he uses Hollywood Road to test drive cars as he is repairing them. He said that the area that is commercial is leaning towards residential which is good in one way because it is less commercial uses and less competition, but the other side of the coin is the old typical move next to the airport and complain about airplanes: He was concerned fixture complaints regarding the commercial uses in the area. Chairman Leland asked if Mr. Barrett had a Use Permit that would protect his business Mr. Wannenmacher said they are discussing whether or not a residential use is a compatible use. He said the businesses can cause tension and aggravation for residential occupants. In response to an inquiry from Commissioner Marin he discussed having the buyers sign an acknowledgement of the commercial zone. Chairman Leland said he shared Mr. Barrett's concerns. Ms. Christopher said there is a lot of interest for residential in this area. There was a brief discussion on future growth. Commissioner Nelson was concerned that granting this might set a precedent. Chairman Leland said this area has a commercial General Plan designation and commercial zoning. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ NOVEMBER 18, 2004 ■ PAGE 7 ■ Mr. Barrett again stated his concerns and explained the nature of the businesses in the area. The hearing was closed. Mr. Michelena said directly across the street from this property is a mini storage. He noted that the auto shop is a little to the southwest. Commissioner Evans asked if most of the residences are single family or multi -family. Mr. Michelena said it was a mixture and he did not know if they were owner -occupied or rentals. Chairman Leland said there are commercial uses along Hollywood Road with only one single family dwelling. Mr. Michelena said that is correct. Chairman Leland said he was inclined to deny this and to respect the commercial zoning. Commissioner Marin said he is familiar with.the area. He said the people in the area know this is commercial property and he did not see a problem with granting this request. He said the house could be turned into a business in the future if there was a demand. Commissioner Nelson said that approving a residential use on this property would be creating a zoning nightmare.' Commissioner Marin said people will know there are commercial uses in the area. He said Mr. Barrett is not objecting to. the residential uses, that he just wants people to be aware that the businesses are there. Commissioner Lambert read the findings needed to approve a Use Permit. She said she could not make the finding of compatibility. It was moved by Commissioner Marin and seconded by Commissioner Evans to approve the Use Permit for Larry Biegler and Wallace Schwartz, adding a condition to read "That the Applicant notify prospective purchasers and have them sign an acknowledgement that they will be buying commercial property in a commercial area." AYES: Commissioners Marin and Evans NOES: Commissioners Nelson and Lambert, and Chairman Leland ABSENT: No one ABSTAINED: No one It was moved by Commissioner Lambert, seconded by Commissioner Nelson, and carried to deny the Use Permit for Larry Biegler and Wallace Schwartz with a finding of incompatibility. AYES: Commissioner Nelson and Lambert, and Chairman Leland ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ NOVEMBER 18, 2004 ■ PAGE 8 ■ ' 4 NOES: Commissioners Marin and Evans ABSENT: No one ABSTAINED: No one 3 Y ■ BUTTE COUNTY PLANNING COMMISSION MINUTES NOVEMBER 18, 2004 PAGE 9 ■ E COUNTY OF BUTTE AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT GROVILLE, CA 69160 RECEIVED FROM , PLANNING BAG 03181112112003 FUND FUND DEPT ACCT GASB DESCRIPTION TITLE CODE CODE CODE CODE AMOUNT DEPOSIT DATE: 11-21 RECEIPTS: 391335-391337 PLANMNG APPL FEES GENL 0010 440MI 42`109W 101001 E .00 Project Number Amount of Fee #A85460-019LC20 W Schvyartz UP 04-13 $700. LAND DEVELOPMENT GENL 0010 44OW4 4911703 '141091 150.00 Project Number Amount of Fee #066480-010&.020 W Sch► rtz UP 04-13 $150 ENVIRONMENTAL HLTH GENL 0010 54OW3 4614901 101001 R�a.0i3 Project Number Amount of Fee #085-480-018&020 W ScFwanz UP 04-13 $985 FIRE PLNG APPL FEE / FIRE PROTECT 0100 461 T240 101001 43.00 Project Number Amount of Fee # 005-46M 1€x&:020 W Schwartz UP 04-13 $643 Nd3DINOE CLERKS FILING FE GENL 0010 47=1 4512319 101001, 36.00 ( � Project Number Amount of. Fee #085-460- 9&020 W Schwartz UP 04-13 $36 TOTAL $. 1,214.00 APPROVED BY: AUDITOR -CONTROLLER By: RECEIVED BY: TREASURED white=treasurer Pink -auditor canaq--depositor - golden rodr-=Fple 4 COUNTY OF BUTS AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT OROVIL.LE, CA RECEIVED FROM PLANNING SAO #315 ATR IO 69160 DATE i lMI2003 FUND FUND DESS' ACCT CASH DESCRIPTION TITLE CODE CODE CODE CODE AMOUNT DEPOSIT DATE. 11-21 -391337 RECEIPTS: 391335-391337 ,PLANNING 1 PPL FEES 440 89 4210 101 1 i Project Number Project Amount of Fee M05460-019&020 W Schwartz UP 04-13 - $700 LAND DEVELOPMENT ENL 0010 44OW4 4911700 101001 M.00 Project Number Amount of Fee 485-4W01=20 wScFw-artz UP 04-13 $1.50 ENVIRONMENTAL HLTH GENL 0010 54OW3 4614901 101001 185-00 Project Number Amount of Fee #05-46MI9&020 Wf Schwartz UP 0413 $185 FIRE PLNG APPL FEE FIRE PROTECT 0100 49172160 101001 43.00 Piuject Number Amount of Fee #08546(l -019P.020 W Schwartz UP 04-13 $43 Ni7C3INOE CLERK'S FILING FE GENL 0010, 470001 4612319 101001 35.00 ON) Pmjea t Number Amount -ay. Few #085400-019&020 Wf Schram UP 04-13 $36 APPROVED BY: AUDITOR-C®hn-ROLLER By: TOTAL $ 1,2%00 00 RECEIVED BY: TREASURER alte=treasurer - Panl-audvlor canary --depositor golden robe Thursday, November 20, 2003 Development Services PLANNING DIVISION ver. 1.0 I Counter $700.00 Person ;Mark Payment Date 11/20/2003 '391335 Receipt Number $43.00 NOD / NOE (Recording Fee) Received From Wallace schwartz i lbeigler and schwarts Applicant Planning Review / EIR Application Number UP 04-13 or In Reference To Fish/Game i $0.00 i ALUC $0.00 Non Sufficient _ $0.00 Funds ($25.00 Fee) Parcel Number '065-460-019 and 020 '1610 Check Number / Cash �To'_talReceiv_ed� $1" 114. �To_taljFees $1,114.00 DDS Planning (General Fund) $700.00 Public Works $150.00 I Environmental Health $185.00 CDF (Fire Department) $43.00 NOD / NOE (Recording Fee) j $36.00 Aunt Minnie $1, 500 or $2,000 $0.00 Planning Review / EIR $0.00 Fish/Game i $0.00 i ALUC $0.00 Non Sufficient _ $0.00 Funds ($25.00 Fee) Cell Tower $0.00 I Public Sales /Copies $0.00 Other: $0.00 I 0. Friday, November 21, 2003 Development Services PLANNING DIVISION ver. 1.0 0 0 Counter - - DDS Planning $700.00 Person I Mark (General Fund) Payment Date 11/20/2003 Public Works $150.00 Receipt Number 391335 Environmental Health $185.00 Received From Wallace schwartz 1CDF (Fire Department) - $43.00 Applicant beigler and schwarts NOD / NOE $36.00 (Recording Fee) Aunt Minnie $0.00 Application Number 'UP 04-13 $1, 500 or $2,000 or In Reference To -- - - - --- — _ �+ Planning Review / EIR, $0.00 Parcel Number 065-460-019 and 020 - - - --, Fish/Game $0.00 Check Number / Cash 1610 ALUC $0.00 Total Received 1,114.00 Non Sufficient $0.00 Total Fees$1,114.00 Funds ($25.00 Cell Tower $0.00 Public Sales /Copies $0.00 Other: $0.00 0 0 \ �'C®UN ,.®F BUM 391335'.: OFFICIAL RECEIPT OFFICE OR DEPARTMISSUING RECEIPT) cended fro erm . r I y.: ri., i 7 1%e' Sum ®f � � � ? � =tii �..<� W ,�� i-;1, `� �: f„' S � � $ �4 F Received: Received By CASH ❑ Title Ass f,`Jc- rt-;-� _ La. yi.yu, CHECK By. DAVCO.BUSINESS FORMS • (530) 7438511 Form 75702 - j W DEPARTMENT OF DEVELOPMENT SERVICES BUTTE COUNTY UNIFORM APPLICATION APPLICANT: Agent information to be provided is on page 2 APPLICANT'S NAME: (If application is d'fferent from owner an affidavit is required.) ASSESSOR'S PARCEL NUMBER: I- C.." 4 b G « w 65-1-16-L-101 anc4 a. © ADPRESS: STREET, CITY, STATE & ZIP CODE r FILE NUMBER: (FOR OFFICE USE) 15- IV OA -15 TEL 9PHONE: 97;2.-A/1/62�yp� NAME OF PROPOSEb PROJECT (If any) LOCATION OF PROJECT (Major cross streets and Address, �ifany) Hobo yW©d� . X S4- k4we-y /"J`^45atl/W GENERAL INFORMATION REQUIRED OWNER'S NAME: _. TELEPHONE: - ADDRESS:- _— — - - CITY, STATE, & ZIP CODE: ZONE GENERAL PLAN EXISTING LAN11D USE SITE SIZE (in Square Feet or Acres) EXISTING STRUCTURES (in Square Feet) PROPOSED STRUCTURES (in Square Feet) 4� 00 iii�-uisloh (Check One) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED ® 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 ' .. APPLICATION REQUESTED :. :... ❑ GENERAL PLAN AMENDMENT ❑ TENTATIVE SUBDIVISION MAP ❑ REZONEBUTTE TENTATIVE PARCEL MAP BUTTES, COUNTY ❑ USE PERMIT CpUN� ❑WAIVER OF PARCEL MAP ❑ MINOR USE PERMIT `, -,,:NOV 2 0 2003 ❑ BOUNDARY LINE MODIFICATION 2 � f ❑VARIANCE 'ul, Yr,,tMVELOPMENT El LEGAL LOT DETERMINATION ❑ MINOR VARIANCE LO DEV10RvrIOF, SERVICES ❑ CERTIFICATE OF MERGER ❑ ADMINISTRATIVE PERMIT ❑ MINING AND RECLAMATION PLAN ❑ DEVELOPMENT AGREEMENT ❑ OTHER PROJECT DESCRIPTION --FULL DESCRIPTION -OF PROPOSED PROJECT (Attach necessary sheets. If this -application - is -for a land division; describe the number and -size of parcels.) PC, v 1 f)�1. o h %C d� — Gi l= 1. S/ N /�P� /�t �^ i�JC /Ah � rt JV OWNER CERTIFICATION I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER, I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND ACCURATE. (If an agent is to be authorized, execute an affidavit of authorization and include the affidavit with this application.) DATE: SIGNATURE: K:\FORMS\UNIFORM APPLICATION Page 1 of 2 TO: Butte County, Department :of Development Services Print Name Mailing Address is hereby authorized to process the application for on my property, identified as Butte County.Assessor Parcel Number: APN# Phone Nuniber (_) This authorization_alio-ws-representation-for-a-l-l-appl-ications—.hearings;-appeals—etc-and-to s: necessary for said processing, but not including document(s) relating to record title interest. Owner(s) of Record: (sign and print name) Print Name Print Name Signature Signature BUTTE Architect and/or Engineer: COUNTY JUN 2 5 2004 Print Name of Architect/Engineer $ERV.[CES r Phone Number Mailing Address m _ COUNTY FOR OFFICE USE ONLY .`WOO t3 DEVELOPMENT Verify: S)E�Yg�S Date-Received:—� Total Amount Received: uzz- AP Nui»ber(s) ❑ Legal Description Owners Authorization ❑ Zoning Requirements Project Description Copies of plot plan Taken by: �� tp Q Receipt No. PW/LD 196 Plan -103 E. H. I * CDF �-i � NOD/NOE Fees 3 �n Payment of the currently required Application Fee and/or Deposit (Any unused portion of a deposit) will be returned upon Final action. _ Current fee for this application is as of Make check payable to "Butte County Treasurer"• K;11'0I0MISd1NII ORM APPLICATION 4F A f Page 2 of 2 COUNTY OF BUTTE ENVIRONMENTAL INFORMATION FORM (To be completed By Project Applicant) Date Filed GENERAL INFORMATION: BUTTE COUNTY NOV 2 0 2003 DEVELOPMENT SERVICES 1. Nae and address of owner, and/or devgtoper, and/or project sponsor: �„/G ! t� e oA%�� � ��n � hen �, �i e llat$•. i _ 1. �sl, J . \ _ 2. Address of project: Assessor's Parcel Number: - L�, -'Qrce l� '• ;,`(� 3. Name, address, and telephonb number of person to be contacted concerning this project: 4. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: , mw6' Ar iw(s tr1kc-- .Sv i�e'�.r 1TJl L 5. Existing general plan designation: 6. Existing zoning district: A� "- 7. How is land currently used? \i ACS 8. Proposed use of site (Project for which this form is filed): Project Description: 9. Site size: n - 10. Off-street parking spaces: Full size: �-- Compact: Total: 11. Plans attached: Yes ✓ No . Feet) 12. Proposed development schedule ()0uv J 04-Q- cwt { ileCA-_� tUI0A ne/ 13. Associated projects 14. Anticipated incremental or phased development iW ti j� ❑ Butte County Department of Development Services ❑ Planning Division ❑ D Attach description of project containing the following information: 15. If residential, include the number of units, schedule, of unit sizes, range of sale prices or rents, and type of household size expected. _ - _ . WAr 16. If commercial, indicate t 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 facilities, and community benefits to be derived from the project. 19. If the project involves a minor variance, onditional use rezoning application, or any development permits, state this and indicate clearly why a app ication is required. If permits have already begin issued, please attach as Exhibit /N C—C Are the following items applicable to the, project or its effects? Discuss below all items checked yes (attach additional sheets as necessary). (police, fire, water, sewage, etc. including special districts). YES NO 20. Change in existing features of any hills, buttes, canyons 31. Relationship tora larger project or series of projects. or substantial alteration of ground contours. 21. Change. in scenic views or vistas from existing residential areas or lands 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. 25. Change in bay, lake, river, stream or ground water quality jam' or quantity, or alteration of existing drainage patterns. 26. Su.bstanti.aLchang.e_in_existing-noise-or-vibration-leveI's 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, y 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 tora larger project or series of projects. X O Butte County Department of Development Services 0 Planning Division O V 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 exis-:ing structures on the site and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultuiral, 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 vicin ty. Snapshots or Polaroid photos will be accepted. Certification . I hereby certify that the statements furnished above and in the attached exhibits present the data End --.--information-r-equir-ed-for-this-initial-evaluation-to-the-best-of my-ability,—and that the-fac-ts—statements,—E-nd information presented are true and correct to the best of my knowledge and belief. 0._ o3 Date Signature .��otre��fJ 3Z �o�ewde e0/7W- cc,)i ✓/ `i�1/��rc��dta4 CAS c �.��e�v i rls CV/4SS) � p,robcs!j�y "heSs t7"�4n Z1 �i%?� NOV 2 0 2003 DEVELOPMENT T . SERVICES K:\P1anning\F0 RMS\Submittal\ENV-INF0.FIRM O Butte County Department of Development Services O Planning Division O L DEPARTMENT OF DEVELOPMENT SERVICES BUTTE COUNTY UNIFORM APPLICATION APPLICANT: Agent inforination to be provided is on page 2 APPLICANT'S NAME: (If application is d'fferent from owner an affidavit is required.) ASSESSOR'S PARCEL NUMBER l,cir. G ce 6s-1-/6--lcl anJ2.0 AD RESS: I STREET, CITY, STATE & ZIP CODE ���� FILE NUMBER: (FOR OFFICE U3E) .0 - 1 Sr co % V OA- 13 NAME OF PROPOSEb PROJECT (If any) TEL PHONE: g7�.-c)lybz'_er•� 36 G-93-5 8 y LOCATION OF PROJECT (Major cross streets and Address, if any) �o�i�ycJooc� � S� .Sl�ywG �r l�ta�c�ll4 GENERAL INFORMATION REQUIRED OWNER'S NAME: TELEPHONE: ADDRESS: CITY, STATE, & ZIP CODE: ZONEGENERAL PLAN EXISTING LAND USE SITE SIZE (in Square Feet or Acres) OC I EXISTING STRUCTURES (in Square Feet) PROPOSED STRUCTURES (in Square Feet) -39004 eac4 (Check One) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED ® 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 APPLICATION REQUESTED. ❑ GENERAL PLAN AMENDMENT ❑ TENTATIVE SUBDIVISION MAP REZONE BUTTE ❑ TENTATIVE PARCEL MAP USE PERMIT COUNTY ❑ WAIVER OF PARCEL MAP nn�g ❑ MINOR USE PERMIT NOV 2 0 2003 ❑ BOUNDARY LINE MODIFICATION ❑ VARIANCE DEVELOPMENT ❑ LEGAL LOT DETERMINATION ❑ MINOR VARIANCE SERVICES ❑ CERTIFICATE OF MERGER ❑ ADMINISTRATIVE PERMIT ❑ MINING AND RECLAMATION PLAN ❑ DEVELOPMENT AGREEMENT []OTHER PROJECT DESCRIPTION FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. If this application is for a land division, describe the number and size ofparcels.) /(- 4� � �L o I I I bur :m�rnjmj OWNER CERTIFICATION I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER, I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION 1S TRUE AND I ACCURATE. (If an agent is to be authorized, execute an affidavit of authorization and include the affidavit with this application.) DATE: l SIGNATURE: e � Balers APPLICATION Page I of 2 LfRMS\UNIFORM RA AGENT AUTHORIZATION TO: 131.1tte County, Department of Development Services: Phone Number (�) - Print Name Mailing Address is hereby authorized to process the application for on my property, identified as Butte County Assessor Parcel Number: APN# - - This authorization allows representation for all applications, hearings, appeals, etc. and to sign all documents necessary for said processing, but not including document(s) relating to record title interest. Owner(s) of Record: (sign and print name) Print Name Signature Architect and/or Engineer: Print Name of Architect/Engineer Print Name Signature Phone Number ( - - Mailing .Address COUNTi' FOR OFFICE USE ONLY. o A- j3 DEVELOPMENT SERVICES Verify: Date Received: �_ i��0"j Total Amount Received: FIP Number(s) wners Authorization Project Description Taken by: %-OAC-- � �� q X Q Ag _ PW/LD Plan —1W3 E.H. I�S ❑ Legal Description ❑ Zoning Requirements "Copies of plot plan Receipt No. CDF y '-*> NOD/NOE Fees 3 Payment of the currently required Application Fee and/or Deposit (Any unused portion of a deposit) will be returned upon final action. Current fee for this application is as of Make check payable to "Butte County Treasurer". h:\f01\1N,IS'AJN1P0RM APPLICATION A��'S T�✓�Il�: iL}� 'a Page 2 of 2 BUTTE COUNTY OF BUTTE COUNTY ENVIRONMENTAL INFORMATION FORM NOV 2 0 2003 (To be completed By Project Applicant) DEVELOPMENT Date Filed SERVICES GENERAL INFORMATION: Y 1. Name and address //oa�f owner, and/or developer, and/or project sponsor: L19 144C_ �l„g�,r.1v✓ �7n bXl l 1l t :pH 2. Address of project: Assessor's Parcel Number:i(,(, 3. Name, address, and telephone number of person to be contacted concerning this project: 4. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: /o/vs- Ar T754S litkc- Sv f�►tn t 1x11 L 5. Existing general plan designation:y 6. Existing zoning district: 7. How is land currently used? \JACA1.JT 8. Proposed use of site (Project for which this form is filed): C2 - S PC -c-10 VN't-S Project Description: 9. Site size: n - q I a-CPk_i21 (2/ 10. Off-street parking spaces: Full size: 20 '-e-� Compact: Total: 11. Plans attached: Yes ✓No 12. Proposed development schedule �) � pP� J et_.Q_ CLV (d 13. Associated projects 14. Anticipated incremental or phased development ❑ Butte County Department of Development Services ❑ Planning Division ❑ Feet) a Attach description of project containing the following information: 15. If residential, include the number of units, schedule of unit sizes, range of salerices or rents, and type of household size expected. �O (0@. g560 'L4 y Lv 1P 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area and loading facilities. /V a.�.� 17. If industrial, indicate type, estimated employment per shift, and loading facilities. N 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. 19. If the project involves a minor variance, onditional use rezoning application, or any developme-it permits, state this and indicate clearly why a app ication is required. If permits have already been issued, please attach as Exhibit iN ('—C 2-&6-x_ Are the following items applicable to the, project or its effects? checked yes (attach additional sheets as necessary). YES 20. Change in existing features of any hills, buttes, canyons or substantial alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or roads. 22. Change in pattern or character of general area of project. 23. Significant amounts of solid waste or litter. 24. Change in dust, ash, smoke, fumes or odors in vicinity. 25. Change in bay, lake, river, stream or ground water quality or quantity, or alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. 27. Site on filled land or on slopes of 10 percent or more. 28. Use of, or disposal of potentially hazardous materials, such as toxic substances, flammable or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, etc. including special districts). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. Discuss below all items ❑ Butte County Department of Development Services ❑ Planning Division ❑ NO W Environmental Setting: (Attach brief 'description) 32.. Describe the project site, as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. -Indicate the type of land use (residential, commercial, etc.), intens,ty of land use (one -family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set -back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. 0--10 c)3 Date z7, Y, I "M Signature C�Or�L6if� Z ``4 �p A . / �- ko d'1 eAS �h G 1e44 K e o� e c ti i eD(ce�v' ys CG''4sI) — pr-hc4l, —hess r f Irf - 3 - o- CLI, � / - - &,�- — K:\Planning\FORMS\Submittal\ENV-INFO.FRM BUTTE COUNTY NOV 2 0 2003 DEVELOPMENT . SERVICES ❑ Butte County Department of Development Services ❑ Planning Division ❑ 90 rI A DEPARTMENT OF DEVELOPMENT SERVICES PLANNING APPLICATION FEE SCHEDULE TOTAL FEE COLLECTED PLANNING DIVISION FEES FEES COLLECTED FOR OTHER DEPARTMENTS EH LD PW Fire CLERK FEES FEES DEPOSIT ATB Fiat Dep ATB NOD NOE Administrative Permit/Temp. Mobile Home "Aunt Minnie" $ 300 $ 300 Administrative Permit/Temp. Mobile Home Renewal "Aunt Minnie" $ 50 $ 50 Administrative Permit/Home Occupation $ 10 $ 10 Administrative Permit/Temporary Uses $ 50 $ 50 Airport Land Use Commission (ALUC) Plan Review $ 300 $ 300 >' Appeals from administrative actions, actions of the planning commission or advisory agency $ 50 $ 50 Certificate of Merger Fee per resulting lot $ 476 + $20/lot $ 110 $ 86 $ 280 $ 20 Conformance Report $ 50 $ 50 Counter/Phone Research Fee & Written Response Minimum fee Hours fee $ 30 $ 59 Development Agreement $ 2,315 $ 2,200 V Varies $ 115 Extension of Time for Filing Final Ma $ 280 $ 280 Final Map Checking'Fee 4 or less parcels 5 or more parcels $590 + $20/lot $840 + $15/lot $ 100 $ 350 >' Subdivision & Final Parcel Maps (+lot fees below) Per lot fee - Subdivision Per lot fee - Final Parcel Mas $ 490 $ 15 $ :'. 20 General Plan Amendment $ 2,079 $ 2,000 >/ $ 43 $ 36 Land Conservation Agreement LCA Inclusion $ 250 $ 250 Land Conservation Agreement LCA withdrawal $ 1,000 1,000 >/ ' Legal Lot Determination/Certificate of Compliance $ 1,018 $ 160 S, 372:: $'` :•450 $36 Lot Line Adjustment Deeds $ 499 $ 612 $ 160 $r-1.14; $" '225 ; Mining Inspection Fee $ 350 $ 175 >' - $ 175 Mining and Reclamation $ 1,620 $ 1,500 `:Varies ::: T$120 Minor Use Permit $ 521 $ 350 $92' ; ... ' , $ 43 $ 36 Minor Variance $ 350 $ 350 >' : , $ 36 Mitigation Monitoring Fee $ 350 $ . 350 >/ Parcel Map Per lot fee $ 1,415 + $201lot + EH $ 1,000 >/ Va les V- 250: $. 20.., $.U9 $ 36 Planned Unit Development $ 2,576 $ 2,000 >/ :Va les:. $'• .325'.1- $ 215 $ 36 Predevelopment Conference - per meeting fee excluding those required for planned unit developments $ 243 $ 59 $. `66.:: $ 75' $ 43 Preparation of Environmental Impact Report (EIR) and/or cost of consultants services as established b tri -parties agreement Varies Reapplication within one 1 year $ 150 $ 150 Rezone $ 2,516 4Vaioe,s>/ >/ $. 287. $. 150. $ 43 $36 RI ht-of-wa Abandonment $ 298 $ 50 $. 212 $36 S ecific Plan $ 2 401 Varies $ 150 $215 $36 Subdivision Map (Application Fee) 1-49 lots (plus per lot fee, below) 1-49 lots, per lot 50+ lots $ 1,501 + $5/lot + EH $1,901 + EH >' Varies $ 250 ` $ 5 1$ 650 V $ 215 -$36 Use Permit $ 1,114 '70 >' $185' $ 150 $ 43 $361 Variances $ 1,114 $ 00 >/ .$185'.: $; •150. $ 43 $36 Waiver(Application Fee $ 1,756 $ 1,000 >' $°�:281.i $: 310 $129 $ 36 Zoning Ordinance Amendment $ 1,327 $ 1,00o ✓ $i::,96. $ 150: $ 43 $ 36 Plus $66'per each additional hour of time required * Hourly Fees; Deposits; Billing Procedures Planner $ 59 Administrative Services Assistant $ 45 Source: Butte County Code, Chapter 3 Office Assistant $ 34 When V is displayed in the ATB (Additional Time Billed) Column, the corresponding $ In the deposit column is the minimum amount. * Additional fees may be required at the hourly rate. FISH AND GAME FEE - An additional fee of $850 - $1,250 may be required if it Is determined that the project has significant Impacts to Fish & Wildlife Resources. K:/Forms/Pianning Fee Schedule 6/26/03 +The Butte County Department of Development Services is authorized to collect fees as set forth in The Code of Butte County California, Chapter 3, Fees. Excerpts from the Code are referenced as follows: Article M. PAYMENT OF COUNTY FEES AND CHARGES; RETURNED CHECK CHARGE Sec. 3-31 Payment of County fees and Charges by Personal Check; Returned Check Charge If any personal check offered in payment of any county fee or charge, pursuant to section 6157 of the Government Code, is returned without payment, for any reason, a charge of twenty-five dollars ($25.00), hereby established in accordance with section 54985 of the Government Code, shall be imposed on such returned check and added to the county fee or charge in question. BUTTE COUNTY Article IV. DEVELOPMENT SERVICES DEPARTMENT PROCESSING FEES NOV 2 0 2003 Sec. 340. Payment of Fees Required. DEVELOPMENT SERVICES The fees specified in this article for the processing of applications for land use entitlements shall be paid at the time of the filing of the application. In no event will an application be determined or deemed complete unless and until the applicable application fees have been paid in full. Sec. 340.5. Waiver, Refund or Transfer of Fees. All or part of any fee specified in this article may be waived, refunded or transferred to a related application upon the order of the board of supervisors, if the applicant is a public entity or non-profit charitable organization or if the board finds that it is otherwise in the public interest to do so. Sec. 344 Hourly Fees; Deposits; Billing Procedures. (a) Hourly fees for the department of development services are set as follows: (see front page for hourly rates for the planning division) (b) The applicant shall deposit with Butte County the sum set forth herein for each application up to a maximum of three thousand dollars ($3,000) for concurrent applications, with the exception of subdivision and site improvement at construction inspection, which requires a 3% deposit of estimated construction costs. (c) When the initial deposited funds are depleted to an amount equal Eo 25% of the original deposit, no 7 additional processing of the application will occur until the applicant deposits with Butte County sufficient funds to restore a balance equal to the amount of the initial deposit, unless a lesser amount is approved by the director of development services or her designee, or except for additional deposits for subdivision and site improvement inspections which shall be 1/3`d of the original deposit. In the event the applicant does not provide sufficient funds to continue processing an application, the application will be denied. (d) Funds shall be maintained in a separate budget control account. (e) After final action of the appropriate legislative body, any funds remaining in the account shall be returned to the applicant. (f) Applicant will be notified to deposit the estimated publication costs of zoning ordinances or development agreements. If the actual costs for county employees' time and publishing are less than the amount .deposited, the remaining amount of the money shall be returned. If the costs are greater than the estimate, the applicant shall pay the additional amount. In the event that payment is not received for the additional amount within 30 days' notice by the clerk of the board, by registered mail, the clerk of the board will immediately notify central collections. bi 4 BUTTE COUNTY USE PERMIT NOV 2 0 2003 APPLICATION PACKET CHECKLIST DEVELOPMENT SERVICES 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 Planned -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 nxist be submitted along with the Uniform Application. The application shall not be accep:ed IZP"a less signed by the owner or authorized agent. ?. ❑ inent of the currently required Application Fee and/or Deposit (Any unused portion of deposit will be returned upon final action, if any remains.) (Planner advises applicant) 3. Thirty-five(35)co ies of lans which shall include a detailed site plan drawn to scale. All P P plans shall be drawn on uniform size sheets norg eater than 24" x 36". The finished plans shall be folded to 8 '/2" x 11 V. The detailed site plan must include: a. -Name and address of Applicant, Engineer and/or person who prepared the plan b. LJ L Property lines and lot dimensions C. E Assessor Parcel Number(s) and the street address. d. Proposed use and/or uses of the property. e. ❑ Proposed landscaping plan, if applicable. 1' 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 IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. I. 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. I. ❑ Any existing faults or fractures and geologic hazards. j. ❑ North arrow and scale of drawing. All plans shall be drawn to an engineering scare with the preferred scale of 1" = 20', with a north arrow preferably oriented to the top of sheet. k. All plans must be clear and legible. 4. ❑ ❑ One copy of 8 %" x I V transparency reduction of the detailed site plan. 5. ❑ ff/A vicinity map showing closest major cross streets, zoning and existing land use: After a meeting with a Butte County Planner the following checked items will be required to be submitted at the time of application: (optional) 6. ❑ ❑ One (1) set of colored plans mounted on foam boards, which shall include an illustrative sit? plan, illustrative building elevations, and any necessary cross-sections. Portions of this requirement may be waived by the Planning Manager. Portions waved ❑ YES ❑ NO 7. - ❑ 0%. One (1) full size reproducible sepia for each sheet in the plan set of the detailed site plan_ 8. ❑ ❑' Building materials on a sample board, 8 %2" X 11 ". 9. ❑ ❑ betailed site plan including the following: a. ❑ ❑I Building setbacks from the ultimate road right-of-way (front, rear, sides). b. ❑ ❑ I Proposed and existing on-site driveways and/or roads. C. ❑ ❑ I Location, height, and materials of walls and fences (sections may be required). d. ❑ ❑ All driveways, drawn to scale, on adjacent and across the street properties within. 100 feet of the subject site. IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. i 2 e. ❑ 10 Existing curbs, gutters, sidewalks and existing paving widths on-site or within 100 feet of the site, on adjacent and across the street properties. f. ❑ [:1 Typical street section(s). g. ❑ Nearest cross streets on both sides with plus or minus distances from subject site h. ❑ Approximate location of all buildings within 100 feet, on adjacent properties. I . ❑ Proposed method of sewer and water connection or alternative method of sewage disposal and potable water supply. j. ❑ Existing and nearest fire hydrants. I<. ❑ Access, both pedestrian and vehicular, showing service areas and points of ingress and egress. 1. ❑ Internal circulation pattern. nr. ❑ ❑ Elevation contours, at a minimum per USGS maps. 10. ❑ IT] Illustrative Site Plan The plan should include a graphic scale and north' arrow, all proposed and existing improvements, landscape concepts such as earth mounding and meandering walkways, walls, ground cover, trees, shrubs, shadows, paving and of er elements as may be necessary to illustrate the site plan. (Dimensions may be excluded from this plan.: 11. ❑ Q Conceptual Grading Plan Items to be shownhelude: a. ❑ q Natural areas to be preserved. b. ❑ ❑ ` Proposed cut and fill areas in contrasting colors of zipatone pattern. c. ❑ ❑ ) Existing and proposed contours within 100 feet of project boundaries. IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE 3 I? 0 . 0 d. ❑ Proposed drainage and flood control facilities. C. ❑ Erosion control measures (e.g. - slope landscaping). f. ❑ M Natural drainage. 0. ❑ Q1 Elevations and finished contours. h. ❑ Location of retaining walls, drainage channels and existing structures. I. ❑ ❑ Location, elevation and size of proposed building pads. ❑ T Illustrative Building Elevations Illustrative building elevations showing all sides of existing and proposed buildings and structures. Illustrative: building elevations means architectural elevations showing typical materials to be used, trees, landscaping and shadows to give the elevations graphic dimension. Additional information may be required in order to clarify, amplify, correct or otherwise supplement the above: submittal information or to complete any required environmental review documents, as deemed necessary by the Department of Development Services, Public Works, Environmental Health Division, Butte County Fire Department, or Agriculture Commissioner. Signature: Applicant/Representative Signature: V" l � . Planner Recei 'ng Application K: I'lannim_ I'ORh4S\Suhmiunl\C1.1ECKLIS',USEPERMI.FRM Date Date: `� ab a BUTTE COUNTY NOT 2 0 2003 DEVELOPMENT SERVICES 11= 1 NSU FFICI ENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 4 accosetwo scousatco ■Y HID VALLEY T!TLE COMPANY 040,641 we. eacRow wo, 114035AM-3 1 WKCW 8116C0a090 MAIL TO �. CARY SCHWARTZ 163 ORO DAM BLVD. OROVILLS, CA 95965 L 93- 9.10 937-003970 R.c Fe. 5.00 1 Check .Recorded 1 5'00 0lticiatl Records 1 County of 1 Butte 1 Clandaele' J. Oruhh 1 Recorder 1 8100a: 29 -Jan -93 1 MVrC ND 1 J I getoaota-s uK "Ly POWE'lt OF ATFORNEY - SPECIAL KNOW ALL MEN BY THESE PRESENTS �J ................................. he S. mode, cor"tused and appolnuA. end by Own prwaena do ..... bm oby maks. Marr toe attea6q........ ....9 .......................... ............. .. ........... . true and favrful Atto may _ .. fmi .. ai�..ad it ..9IS.. ntrr9t ....... Placa ...... and stead to ask, rientser9d. wt for, recover. collect and receive an tends sums of ntaney,debU, ttues,aewums, le9adef, be0utsa.intesssts dividends. annuities, and demands whatsoever as are now or shall hereafter become due, owing, payable, or belongingto the undersigned; and have, use, and lake all lawful ways and means in the name of the undersigned, of otherwise, for the recovery thereat, by legal proccsi, and to compromise and agree for the same• and grant acquittances or other su itienl disd%wgn for she same. for the under6gncd, and in the name of the undersigned to make, seat, and deliver the same; to eompromiae any and all debt[ owing try the undersigned. and to convey, transfer, anl/or assign any of *party of any kind oreharacterbelonging to the undersigned in satisfaction of any debt owing by in or either of us: to bargain, contract, agree for, purl Asa, receive, and take lands• tenements, heT;ditaments. and accept the sedsen and pouastion or alt lands, and all decd:, and other ansura■.M Jn the taw therefor, and to lease, lel, demise. bargain, sell, rernh[, releast, convey. maftgage, convey in Ini". and hypothoutt lands, tenements, and heredltamenlc, upon such terms and conditions, and under such covenamis as sae attorney Stull think lit; to exchange real or personal troneny for other real or personal property, and to execute and deliver the neeiwry Instru- ments of transfer or conveyance to Consummate such txehange; to execute and deliver subordination agreerrents wbordinst- Ing any lien, encumbrance or other fight in teat or personal property to any other lien, enwmbrants, or other wOt thefsln; also to bargain and agree to, buy, sell, mortgage, hypothecate, convey in trust or otlwrwise, and in any and eoecy way and manner deal in and with goods, wares anti merchandise, choses in ociton, and ether property In possession or ars action, Imv eluding authority to utilize MY eligibility rot V A Guaranty. and to make• do, and IraMaCt all and every kind of business of what nature and kind seever and, also to sign and axec ute all mope and parszl inapt for the urdm;grud end is the name - - .. and as the act and domed of the undersigned, to sign, seal, execute, deliver, and acknowledge wet deet, ven coants, teases IMcluding all and gas leases and community oil and gas leases). Indentures, areemenu, mortgall". deedt of imsf, hyoothetm;ons, assignments, boltamries, charter Parties, notes. receipts, evidences of debts, feluses, and satlifac- 19001 of mortgage. Judgment and Whet debts, and guest other loutu llemtl in writfn9r, 01 whacevp k:nd or rQtVre, is "say be reasonable. advisable, necesufy, or proper In the premises. Each and all of the powers herein W-. "I be vnerched by said Altarney as to the following ascribed property only; FOR PROPERTY IN BUTTE COIJM STATE Of CALwofthi Al I COUNTY OF_. on 1L -L2 -5L before coq, the undsnlgned, a Notary Public In and for sate Stale. PrIonally appeared iYGr,ft""G - Ln CI len �- personally known to or proved to me on l is of sali►fattoryev4ennx) the pe Irl n lel is/ are subsa9bed to the ilhin initr a d to ase that he/she/they xeewtcd 1he a N►ITNESSImr 0th I Signature �Tnit area for nfhciat notarial stall ... __ �'c:i rrrrroaeorarroattapa�BB• DANIEL F. HUWr r . ' ' 1r:: a'.r neve•. -: a.l•orora � •' ��a;•' rt.C4nn—jnGa.wQi.1,1W.r w •c-9.-------------.---______ o' Glvblg and granting unto said Attorney..,... full power anal authority to do and perform all and every trot and thing what• sorww reavisite and necessary to be done Jn ante abbwl tfa PIN• mires• of fully to all intent% and purposes AS the undersigned might or amid do H Personally present, dee unatrigs[dherfOy eaprefity ratifying end eonfnrm;rq all that u4 Altorrsey shall lawfully ds or cause to be done by virtw of them prewntt. Datedl— — �fA� l��C_ 3�• ' .112G WALLACE L. SCHWARTZ r^-% n BUTTE COUNTY NOV 20 2303 DEVELOP' . . SER VICE -T accoAoerap mcauttleo ev 11111) VALLEY TITLE COMPANY *not* ao. tscnnaw coo. 11403SAN-3 WMiw •teOA000 NAIL TO y CARY SCHWA>RTZ 463 ORO DAir BLVD. OROVILLE. CA 9596S L 9 93x-003971 1 p�e:ordlyd 1 • Ofticiii.R�cord� 1 County of 1 suite 1 Cenduc* J. Grubb• 1 Ricord*r 1 E11004:29—Jan-93 I J 93-5971 R.C. Fere 3.00 Chick 3.00 BVTC no 1 ' ARC04e911% V&L 0016V POWE"It OF AITORNEV SPECIAL KNOW ALL. MEN BY THEn PRESENTS ,*01 itso hews(• ''rma� mnsunru egl.ne 1.d, and toy lh.,. prtt.+rte do ................................................ ....... . .... • - - _ ...... ewe arrd Iawfut Aetorrey ...for , HER . sd In . HE& ..twee ... _ . , plow ..... , and sill/ to .sue tor. recover, collect and receive all sveh svms of,rhhoney,debts,dues,aemvnit,tspclas,bequats,intot*m dividends, aarasijk% and demands whatsoever as are now or shall•heieafter become due, owing, Payable, or belonging to thk� undersigned: and haft, use, and take all lawful ways and meant in the name.of the undersigned, of otherwise, lot the ramNry thereof, by hegal process, and to compromise and agree for the sante. and grant acquittances or other sufficient ditdurget for the Lame, for the undersigned• and in the name of the undersigned to make, seal, and daGvar the same: to compromise dry and all debit o■r;ng by theurderslgned, and to convey, trpnsict, and/or assign any property of any kind or character belonging" to the undersigned in satisfaction of any debt owing by vt or either of ut: to bargain. contract, &grog for, purchase, reemit.. and take lands, tenements, hereditaments, end accept the sailon and possession of all lands. and all deeds. and other assuraricas In the law therefor: and to tease, let, demise, bargain, sell, remise. release, convey, mortgage, convey in trust, and hypothecate lands, sane nneait. and hereditaments, upon such to ms and conditions. and under such covenants as said attorney "I thhrlt lit: to exchange real or personal property for other real or personal property, and to execute and deliver the necessary moria- meats of transfer or conveyance to consummate such exchange; to execute and deliver subordination agreements subordinat- ing any lien, encumbrance of other right In real or personal property to any other lien, encumbrance, or other right tlrerv;rh: also to bargain and agree to. buy, tall, mortgage, hypothecate, convey in trust or otherwise, and in any and every Way and manner deal in and with goals, wares and merchandise, choses In action, and other property in pouestion or in mi^ Ir► eluding auth*rity to utilize my elig;bilily for V A Guaranty: and to make, do, and lrans4cl all and every kind bt bvsUKss of what nature and kind soever; and, also to sign and execute all maoi'and parcel maps for the undersigned and in the norma ............... and as the act and decd of the undersignad, to sign, seal, execute, deliver, and acknowledge Such deed covenants, teams (including oil and gas leases and community oil and gas teams). indentures, agreements, mortgages, deeds of trust, hypotheeahiorn, assignments, bottomrica, charter parties, nota, receipts, evidences of debts, raleaws, aced solisfaa Irons oa.rnortgage, judgment and other debit, and such other instrumanta in writin.y, of whatever khd or rulure, at maybe ramanabhe, ndvrsable, necessary. or proper fn the promises. Each and all of the powera hereln granted shalt be exarelsed by said Attorney as to the following deserlbed property only: FOR PROPERTY IN BUM COUIfT>' STATE OF CALIFO t COUNTY OF V—. f sf. On /'2 -Z Z -j 2— before before fire. The undersigned. ■ Notary Public in and for tuld Sane, personally appeared s4- etc_ i,z- tza �IL_ / KA• KIM rSA,vrE.. S r4w r:/Z Giving and granting unie said Attornay_.... full power and authority to do and perform all and every act and thing whal• toever requisite and neceuary to be dont in and about the pre- mises, as fully to all intents and purposes it the urden4nad might or Could do If personally p#ioniL the undensigned hereby expressly ratifying and confiani g all that told Attorney shall tawfuuy do Or nus& to be done Ift vinue of these prfurds. pNtenatly lkt 10 (or.Cued o nth basic of tkfacto►y e. se bet a u 1 ase n mels) W p; H4 are Subscribed tot coign, 'aadeno lodged a atadped to ata that hehe/tAe/shKhM !■ ted aMt �{tJ��IJ r WITNESS .. of ' I p, /-L— S.prvatnxe DANIEL F. HUNT r1111011118111@ Eggs@ sesswell 0END OF DOCUMENT rA.e I r COUNTY Nov 10 W03 DE VELOPR4ENT SERVlC,Fc A(Ct�wO�MO AtpYctlLO� MID VALUT TITLQ COP?Mff ESCROW MO.s 170684AM-) Na wrl• attoftotY MAIL tN r VALLAC►, L. SCHWARTZ - 6292 LANCASTER DRIVE C„4 rARUIS9.0 A 95969 s... L i.. 9^0504681' A0o0l.'d4Pd 1 f Of"C141 110001rd• 1 County of 1 - tutte Cos►deceP J..Orubba 1 .Nd000rdor 1 12147p■ '3-Mov-92 1 Witow sill Oen by t4pai 92 0168 Ago TN Check ►Uel. 4.00 4.00 xx 2 II mat..........x�tuuc>s �-•.•t>',«.�_ ..N....:11.I,..N.».w,.__...«..,.N...1-........_.._._. •w.•....I.. do 61 these p►rsrnfr w«_«w /•N_N HIS ............. a/lnntty............ , in Earl, jur...11[,ll.,«.,,. and A-HiS..«. nansti,�, ~and jw.]IIS. ...,. ,.. use and benefit 0$..AHY..L11II.�►LL..pE8.SCDUIL..Cii,.BP.�lw.PliLlR1±6TYw. to demand, 4111- jr,r, en1/1-cl. and rreeive all such sump ej money, debts, due& neeoants. legacies, bequals, interests, dividends, annr4ities, and demands ruhafso1-vr►. a1- are nov or [hall herraJirr boeeme due. owing,1my"ble, u1- bplungin6 to •.jfh +M4r� L. SCHYARTE lake ell Ilrrafiul lroyr and n'..,,'. u, .... •. �.... _ _..._. and have. use, and aitoebmtril, onest, or uthereire, and 10 compromise and dgrce fur f!' snore, and lout free rsn4ke OnJde! ler discharges jus The same for.._.HM and in ..._SISRome......... receive. and /dire Iands, Ipnensents, and hereditaments, and accept Iho sc iin10 oand el fee, purchase, 4rnds, and all possession of an deeds and other arsumares in the few theirjur, and to lease., lel, sell „_, bjff release, convey, moN a b ..•IN•b......_... .w 6 ge• convey y raoy of deed of bust, and 1'ypolhet4le lands, tenements, and hereditaments upon such fermr and conditions, and under such eovenanls as ., also 1-6 bargain for. bay, sell, mortgage, h uthccale. and in on way and eve uaar�and�malhlnkfag; in and 10ilh good., 'Purrs, find mrrd,nndise choses in action, and other 1-o r property y possession or In action. and to do etrry kind of businer of 'Phat nutare or kind soever, and also jo►.«M ,-„ and in -. ItIS..,•w, Rome..•_._ , end ns ,.��, act -and deed to make s' and del4vt deeds, fen.1•s and assi6nn'ents of lease, eovonontr, indenter �� seat, entz, execute. ae Ves, de ds of trust and sreont4ynncr) therrunde , hypofheccfions, bollom its charlen en i mortBoo f deeds bills, bonds. notes, rrceil'ff, ruiderrres of debt, releases and s0tisfac/ion o morPad to, bills of lading. end other debts, and nirh other inrt►r'mrnls in writing of whatever kind and nature ass may q�ee �m� convenient, or proper In 11101 pren'Isrs including assi6Rntrn/s of ateounfs rYceivabl4, notices of the o>'/xcled . to ad u st i of suchise"ne losses. s, and tancelblian of such notices, 0100, in clue of l0sr by for, w oU�erwise. I0 ad/ruf iarumnce fossa, i�(UliU,3 rtnlo-.1l�S, unset ntlorner:....., jell pours to perform every act and thins which ••• ••...,w..« Wray think nrressaty to be dont in and about the premise!, e, jolly le all intents end Py.rposcs m «.._......_.. 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O8 9TH -day o/ Mosel i■ thf year one thowand nuw hundred awd- M[nBiy 3XQ .._._, bejort aw, i 1�+9e�*-A. _rusret.arTo _;Nora+yPabL'c, . Slue Of CaliJenria, My towa+iuioned andosvorr, IertoRelly oOPtarrd��_LA[e J_. ecu• tno" to me to be the Perrort._—dereribed w and whose name - t _ _tmbrer0vd to the w0hin iful.—Inent; and aeloym4edged to me rhIvcwed theraaw. At ITitpt9B 30hrm ,1f r have hern.nto ree any bond and aged my opkW "a ' .. in the Corcnly of AMR the day and year in thir irrtifw' att%irnabovetzritta%VAL IL . No nbfie, State of Cafi forrcia NQTAV pu ►+*w+aro.rWM My li . 1994 ,�_. '`'nr. �-.._ --•�---czas�—rte--- -- - - �• — — i END OF DOCUd Ulf COUTY N1Ty NOV 2.'02003 St, R i j6g 1 . END OF DOCUd Ulf COUTY N1Ty NOV 2.'02003 St, R i j6g APN_BLDG _F OWNER 065-190-001 BECKA'ALICE G REVOCABLE LIVING TRUST 065-460-003 MOYA TONY J & JOANN R 065-460-002 KOUSA PARVO T & ANNELI K 065-460-007 SMITH CHARLES B & ALICE R JT 065-460-006 MORITZ REVOCABLE INTER VIVOS TRUST 065-460-004 HOLBROOK GARY N & SHERYL J REV TRUST 065-460-009 FASTRIP OIL COMPANY L P 065-190-008 HYDE LILA I REVOCABLE LIVING TRUST 065-460-010 BARIA JAGJIT S 065-460-022 LAFABREGUE DAVID D & BONNIE J THOMAS FAMILY TRU: 065-190-009 MOON ALLEN J & SIBYL V CP 065-460-021 VOGEL ANTHONY S 065-460-019 JONES SIDNEY W & MILDRED E FAMILY TRUST 065-460-017 CALHOUN WILLIAM & LA VALLA 065-460-018 CARCAMO OTTO & HILDA 065-190-010 COLLINS NOEL D 065-460-013 LOPER JOHN W & IRENE E 065-460-014 PERINATAL ASSOC OF CA FBO SCHNEIDER JACK 065-460-016 MUSCIA GENEVIEVE TRUST 065-190-013 DELUCCHI PAUL A 065-190-012 MORRIS JOHN & BARBARA JT 065-460-023 TIPTON TRUST 065-460-026 GLEASON ED SS 065-460=025 GLEASON JOSEPH J TRUST 065-460-029 TRENT SHIRLEY O 065-460-030 FREELAND BARRY W,ETAL 065-460-031 FISCHER STANLEY CHARLES 065-190-015 AGUILAR ROY G 065-460-019 BIEGLER LARRYIWALLACE SCHWARTZ h ' Butte County Departrnent ofDevelopment Services Administration - ARS. 7 County Center Drive Orovllle, CA 95965. (530) 538.7601 Telephone Use Permit Applicant: Wallace Schwartz P.O. Box 1415 Chcio, CA 95927 File: UP 04-13 APN: 065-460-019, 020 Date: January 28, 2005 l REFUND UP 04.13 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 wil receive.a FINAL INVOICE. The following deposits have been applied to the processing of your application: Deposit Date: November 20, 2003 DEVELOPMENT SERVICES/PLANNING DEPOSIT $ 700.00 Receipt: 391335 Deposit Date: October 4. 2004 $ 645.23 Receipt: 412728 NODINOE filing fee paid $ 36.00 TOTAL PLANNING DEPOSITS $ 1,381.23 1 The following charges have been applied to the processing of your application: Professional Planner $ 751.17 • Mapping $ 88.50 Clerical $ 217.91 Publishing $ 165.00 PLANNING CHARGES $ 1,222.58 REFUND DUE TO APPLICANT $ 158.65 i sign and return the enclosed General Claim form. you have any questions, please call Accounts Receivable from 8:00 a.m. to 4 p.m., Monday through Friday. REFUND DUE TO YOU $ 158.65 K:\FISCAL ADMIN\BILLINGS 8 REFUNDS\REFUNDS\Schwartz UP 04-13 REF 012805 1/28/2005 Butte County Department of Development Services 3:18 PM Pre -bill Worksheet Page 1 Nickname Biegler & Schwartz. UP 04-13 1 UP 04-13 Full Name Larry Biegler and Wallace Schwartz Address P.O. Box 1415 Chico CA 95927 Business Fax Home 530 - 872-4462 Other 530 - 589-5844 Project Type UP Deposit Status Deposit Project Planner Mark Michelena Salutation Date Employee Rate Hours Amount Total Task Markup % DNB Time DNB Amt 11/20/2003 Carl 59.00 0.75 44.25 Billatle Circulation - Planner Determine an application's completeness/circulate for staff comments/analysis. 11/24/2003 Roni 34.00 1.01 34.25 t/ BillaUe Initial Processing - Clerical Input, initial clerical processing of application. 11/25/2003 Roni 34.00 0.21 7.23 j Billab e Initial Processing - Clerical. t/ Input, initial clerical processing of application. 11/25/2003 Mark 59.00 0.42 24.58 Billable Circulation - Planner Determine an application's completeness/circulate for staff comments/analysis. 12/9/2003 Mark 59.00 0.45 26.34 j Billabl'- Circulation - Planner d/ Determine an application's completeness/circulate for staff comments/analysis. 12/19/2003 Mark 59.00 0.58 34.01✓ Billable Correspondence - Planner Letters generated by planner regarding the project or application. 1/23/2004 Cheryl 45.00 0.25 11.2 Billable Administrative -Clerical Time spent on billing and other administrative tasks not related to processing . 7/6/2004 Roni 34.00 1.01 34.30 Billable Clerical Activities Clerical application processing - proofing / 7/7/2004 Larry 59.00 1.50 88.50/ Billable Mapping Generate maps for current projects. 1/28/2005 Butte County Department of Development Services 3:18 PM Pre -bill Worksheet Biegler & Schwartz. UP 04-13: Larry Biegler and Wallace Schwartz (continued) Date Employee Rate Hours Task Markup % DNB Time Amount DNB Amt 7/19/2004 Mark 59.00 0.75 44.25 Site Review Field review of project site/vicinity including travel time. 8/5/2004 Mark 59.00 0.42 24.58 / CEQA -V Prepare initial studies, mitigations, neg. dec EIRs including analysis. 8/10/2004 Mark 59.00 0.42 24.58 CEQA Prepare initial studies, mitigations, neg. dec EIRs including analysis. 8/27/2004 Cheryl 45.00 0'.08 3.75 / Administrative -Clerical Time spent on billing and other administrative tasks not related to processing . 9/16/2004 Mark 59.00 0.75 44.25 , CEQA Prepare initial studies, mitigations, neg. dec EIRs including analysis. - 9/16/2004 Mark 59.00 0.38 22.50 CEQA +✓ Prepare initial studies, mitigations, neg. dec EIRs including analysis. 9/17/2004 Mark 59.00 0.59 35.01 j CEQA t/ Prepare initial studies, mitigations, neg. dec EIRs including analysis. 9/17/2004 Mark 59.00 0.71- 42.1.0/ Report Wor Project Analysis V Reports and/or project analysis related to the application. 9/17/2004 Mark 59.00 0.17 9.88 / Circulation - Planner I/ Determine an application's completeness/circulate for staff comments/analysis. 9/17/2004 Joe 59.00 1.11 65.49 Management Review 1.11 65.49 Management Review 9/23/2004 Mark 59.00 0.06 3.8 Circulation - Planner Prepare Neg Dec Notice Page 2 Total Billable Billable Billable Billable Billable Billable Billable Billable Billable Do Not Bill Billable 1/28/2005 Butte County Department of Development Services 3:18 PM Pre -bill Worksheet Biegler & Schwartz. UP 04-13: Larry Biegler and Wallace Schwartz (continued) Date Employee Rate Hours Task Markup % DNB Time Amount DNB Amt Page 3 Tctal 9/23/2004 Mark 59.00 0.45 26.5S/ Billable CEQA State Clearinghouse form 9/30/2004 Mark 59.00 0.75 44.25 j Billable CEQA 4/ Prepare initial studies, mitigations, neg. dec EIRs including analysis. 10/4/2004 Cheryl 45.00 0.33 15.00 / Billatle Administrative -Clerical Time spent on billing and other administrative tasks not related to processing . 10/4/2004 Mark 59.00 1.00 59.00. Billable CEQA ,/ Prepare initial studies, mitigations, neg. dec EIRs including analysis. 10/5/2004 Mark 59.00 0.75 44.25 v Billab.e Report &/or Project Analysis Reports and/or project analysis related to the application. 10/7.12004 Mark 59.00 0.92 54.08; Billab',e Report &/or Project Analysis Reports and/or project analysis related to the application. 10/812004 Mark 59.00 0.50 29.50 Billable Report'&/or Project Analysis V Reports andior project analysis related to the application. 10/19/2004 Joe 59.00 1.35 79.85 Do Not Bnll Management Review 1.35 79.85 Management Review - Agenda Report 10/21/2004 Mark 59.00 0.23 13.60 Billable Correspondence - Planner Letters generated by planner regarding the project or application. 10/27/2004 Mark 59.00 0.13 7.87/ Billable Correspondence - Planner. t/ Letters generated by planner regarding the project or application. 10/27/2004 Mark 59.00 0.42 24.50 Billable Report &/or Project Analysis Reports and/or project analysis related to the application. 10/27/2004 Mark 59.00 0.30 17.7: BillablE Meeting - Planner IDR 1/28/2005 Butte County Department of Development Services 3:18 PM Pre -bill Worksheet Mtg - Clerical Biegler & Schwartz. UP 04-13: Larry Biegler and Wallace Schwartz (continued) Date Employee Rate Hours Mark. 59.00 Task Markup % DNB Time 10/28/2004 Mark 59.00 0.17 Report &/or Project Analysis 11/22/2004 Reports and/or project analysis related to the application. 1.14 10/29/2004 Mark 59.00 0.09 Report &/or Project Analysis 12/1/2004 Mark 59.00 Reports and/or project analysis related to the application. 11/2/2004 Lynn 45.00 1.25 Research including appeal agenda, report, public hearing related to appeal. Publication - Clerical Time spent preparing & publishing for Hearing related to applicant. 11/5/2004 Lynn 45.00 0.43 Packets - Clerical Prepare packets for meetings/mailings. 11/9/2004 Cheryl 45.00 0.17 Administrative -Clerical Time spent on billing and other administrative tasks not related to processing . 11/16/2004 Mark 59.00 0.00 Report &/or Project Analysis Maps for hearing - Wall location r 11/18/2004 Mark 59.00 0.58 Hearing - Planner 11/18/2004 Lynn 45.00 0.65 Mtg - Clerical Arrange/attend associated with project review 11/22/2004 Mark. 59.00 0.28 Correspondence - Planner 0.28 Correspondence regarding the appeal 11/22/2004 Mark 59.00 1.14 Appeal - Planner 1.14 Research including appeal agenda, report, public hearing related to appeal. 12/1/2004 Mark 59.00 0.21 Appeal - Planner .. 0.21 Research including appeal agenda, report, public hearing related to appeal. t Page 4 Amount Total DNB Amt 9.83 Billable 5.47/ Billable 56.03 % Billable 19.35 , Billatle 7.50 / Billatle 0.00 Billable 34.42 Billab,e 29.25, Billab,e 16.72 Do Not B.II 16.72 67.46 Do Not BE 67.46 12.32 Do Not Bull 12.32 1/28/2005 Butte County Department of Development Services 3:18 PM Pre -bill Worksheet Biegler & Schwartz. UP 04-13: Larry Biegler and Wallace Schwartz (continued) Date Employee Rate Hours Task Markup % DNB Time Amount DNB Amt Page 5 Tctal 12/6/2004 Cheryl 45.00 0.33 15.00 Do Not Bill Administrative -Clerical 0.33 15.00 Time spent on billing and other administrative tasks not related to processing . 12/10/2004 Mark 59.00 0.38 22.29 Do Not Evill Appeal - Planner 0.38 22.29 Correspondence 12/10/2004 Mark 59.00 0.28 16.55 Do Not Eill Appeal - Planner 0.28 16.55 Research including appeal agenda, report, public hearing related to appeal. 12/10/2004 Mark 59.00 1.03 60.62 Do Not dill Appeal - Planner 1.03 60.62 Research including appeal agenda, report, public hearing related to appeal. 12/27/2004 Mark 59.00 0.67 39.33 Do Not Bill Appeal - Planner 0.67 39.33 Research including appeal agenda, report, public hearing related to appeal. 12/27/2004 Lynn 45.00 3.50 157.50 Do Not B II Packets - Clerical 3.50 157.50 Board appeal packets - 26 maps at $20.70 plus putting together the packets 1/4;2005 Mark 59.00 0.30 17.91 Do Not Bit Appeal - Planner 0.30 17.91 Research including appeal agenda, report, public hearing related to appeal. 1/10i2005 Mark 59.00 0.92 54.08 Do Not B511 Appeal - Planner 0.92 54.08 Research including appeal agenda, report, public hearing related to appeal. 1/11/2005 Mark 59.00 0.33 19.67 Do Not Bi I Appeal - Planner 0.33 19.67 Set up for Board Hearing 1/11/2005 Mark 59.00 0.92 _54.08 Do Not Bim Appeal - Planner 0.92 54.08 BOS Hearing TOTAL Billable Fees 19.63 $1,057.58 Do Not Bill 12.75 $698.87 1/28/2005 Butte County Department of Development Services 3:18 PM Pre -bill Worksheet Biegler3 Schwartz. UP 04-13: Larry Biegler and Wallace Schwartz (continued) Date Employee Price Quantity Amount Expense Markup % 10/7/2004 PUBLISH 105.00 1.000 105.00 Publishing Expense Publish in Newspaper Paradise Post 10/7/04 F05-073 Page 6 Total Billable 11/6/2004 PUBLISH 60.00 .1.000 60.00 BillaGle Publishing Expense Publish in Newspaper - Paradise Post 11/6/04 F05-094 TOTAL Billable Costs $165.00 Amount Total Total of Fees (Time Charges) $1,057.58 Total of Costs (Expense Charges) $165.00 r Total new charges $1,222.53 Accounts Receivables Date Type Description 11/20/2003 PAY Payment ($700.00) Receipt #391335, Check #1610Check payment 11/20/2003 INV Invoice-NOD/NOE Filing Fee $36.00 Receipt #391335, Check #1610 11/20/2003 PAY Payment ($36.00) Receipt #391335, check #1610 10/4/2004 PAY Payment ($645:23) Receipt #412728 Total Accounts Receivable ($1,345:23) Total New Balance ($122.65, Amount to replenish account to $700.00 $700.00 Butte County Department of Development Services PLANNING DIVISION 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * GIS * PLANNING January 11, 2005 Larry Biegler and Wallace Schwartz P. O. Box 1415 Chico, CA 95927 Re: Use Permit, UP 04-13, APN 065-460-019, 020 Dear Mr. Biegler and Mr. Schwartz: At the regular meeting of the Butte County Board -of Supervisors held January 11, 2005, your appeal of a:, denied=Use Perriut-.to establish one single family -dwell' g on each parcel on property zoned C-C(Comrriumt Commercial) and located- on the north side of -Hollywood Road, approximately 400 feet east of Skyway;— :- Magalia,. was denied. The time.within which judicial review of this -decision must be sought is governed by California Code of Civil.. Procedure Section 1094.6. Judicial review must be sought not later than the 90th day following the date on - - which this decision. becomes final, except that where a shorter time limit is provided by State or Federal law_, such shorter time limit shall apply. Should you have any questions regarding this matter, please contact Mark Michelena at 538-(530) 872-4462 between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant /lr cc: Land Development Building Division Health Department . Department of Forestry___ Document4 BUTTE COUNTY CL OF THE BOARD USE ONLY BOARD OF SUPERVISORS MEETING DATE: AGENDA TRANSMITTAL AGENDA ITEM: Larry Biegler and Wallace Schwartz, Appeal of a denial by the Planning AGENDA TITLE: Commission for a Use Permit to allow a single family dwelling in a C -C zone. DDS, DATE: 12/27/04 MEETING DATE 1/11/05 DEPARTMENT: Planning REQUESTED: REGULAR X CONSENT Mark PHONE: 7376 CONTACT: Michelena DEPARTMENT SUMMARY AND REQUESTED BOARD ACTION: Larry Biegler and Wallace Schwartz, proposed Negative Declaration with mitigation measures regarding environmental impacts and Appeal of a denied Use Permit to allow one single family dwelling on each parcel in a C -C (Community Commercial) zone. The property is located on the north side of Hollywood Road, approximately 400 feet east of Skyway, Magalia. APN 065-460-019, 020 (MM) (UP 04-13) ACTION REQUESTED: See attached AGENDA ITEM SUBMITTALS REQUIRE THE ORIGINAL (1) IN A FORMAT THAT CAN BE REPRODUCED BY STANDARD OFFICE EQUIPMENT ATTACH EXPLANATORY MEMORANDUM AND OTHER BACKGROUND INFORMATION AS NECESSARY Budgetary Impact: Yes No X CAO OFFICE USE ONLY If yes, complete Budgetary Impact Worksheet on back Budget Transfer Requested: Yes No x Administrative Office Review If yes, complete Budget Transfer Request Worksheet on back. Administrative Office Staff Contact (Deadline is one business day prior to normal agenda deadline.) 4/5/s Vote Required: Yes: No: Will Proposal Require an Agreement: Yes No x _ Auditor -Controller's Number (if Date Received by Clerk of the Board: required): County Counsel's Approval: Yes No x Will Proposal Require Additional Personnel: Yes No x _ Number of Permanent: Temp Extra Help Previous Board Action Date: Additional Information Attached: Yes x No Describe: Packet Rev. 06/02 Larry Biegler and Wallace Schwartz, proposed Negative Declaration with mitigation measures regarding environmental impacts and Use Permit to allow one single family dwelling on each parcel in a C -C (Community Commercial) zone. The property is located on the north side of Hollywood Road, approximately 400 feet east of Skyway, Magalia. APN 065-460-019, 020 (MM) (UP 04-13) ACTION FOR CONSIDERATION: Staff recommends that the Board of Supervisors take the following actions: I. Adopt a Mitigated Negative Declaration with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act. Said study identified significant environmental effects and included mitigation measures that would mitigate such effects below significant levels; a Mitigated Negative Declaration is proposed. B. The Board of Supervisors has considered the proposed Mitigated Negative Declaration, together with comments received during the review process. C. On the basis of the whole record before the Board of Supervisors including the Initial Study and any comments received, there is no substantial evidence that the Use Permit for Larry Biegler & Wallace Schwartz, Planning Division File No. UP 04-13, will have a significant effect on the environment. D. The proposed Mitigated Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. E. Adopt the Mitigated Negative Declaration regarding environmental impacts, with Mitigation Measures #1 and #2 as detailed in -the Agenda Report dated, November 18, 2004. 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. Approve Use Permit 04-13, for Larry Biegler & Wallace Schwartz, subject to the findings and conditions listed below: A. The proposed uses of the property will not impair the integrity and character of the zone in which the land lies, and the use would not be unreasonably incompatible with, or injurious to, surrounding properties, or detrimental to the health and general. welfare of the persons residing or working in the 1 C� J • neighborhood, or to the general health, welfare and safety of the residents of the County as supported by the following: 1. The C -C zone is developed with a mixture of residential and commercial uses along with undeveloped parcels. 2. The commercial uses are manufacturing/assembly, repair and storage in nature and the proposed residential use is not in conflict with those commercial uses. 3. Adequate land is still available to meet the needs for commercial development in the area. 4. A single family residence on each parcel is not unreasonably incompatible with, or injurious to, surrounding properties and uses, and will not create significant amounts of noise, traffic, or other physical impacts that would affect the neighborhood. Conditions of Approval: Planning Division: 1. Mitigation Measure # 1. Measures shall be taken to control fugitive dust emissions from all driveways and other civil construction associated with development. All disturbed areas, including driveways, shall be treated with water and/or other acceptable soil palliatives during and after construction to minimize the creation of dust and to protect air quality in the surrounding area. The treatment shall be maintained until ground surfaces are stabilized with vegetation or pavement. Plan Requirements: All requirements shall be shown on building plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: Air Pollution Control District inspectors shall respond to nuisance complaints. 2. Mitigation Measure # 2. Should grading activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can ' be consulted to evaluate the remains and implement appropriate mitigation procedures. Should human skeletal remains, be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains. Plan Requirements: All requirements shall be shown on building plans. Timing: This measure shall be implemented during site preparation and construction. Monitoring: Should ' cultural resources be discovered, the Planning Division shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 2 3. Mitigation Measure # 4. Install and maintain a sound -deadening wall (such as slumpstone) at a minimum of six (6) feet in height. Location of the wall shall be for a distance of 75 feet (from the 10 -foot Public Utility Easement (P.U.E.), at the north end of the property) along the western boundary of APN 065-460-019 and along the eastern boundary of APN 065-460-020, and along the P.U.E on the northern portion of APN 065- 460-019 and 065-460-020. Plan Requirements: All requirements shall be shown on building plans. Timing: This measure shall be implemented prior to final approval of a building permit. Monitoring: The Butte County Department of Development Services shall inspect and confirm that all necessary walls are built. 4. Development fees for the proposed residential improvements shall be paid prior to the issuance of Building Permits. The fees shall be those in effect at time of application and may include, but not be limited to, Park and Recreation District fees, Water and Sewer Service Fees, Permit and Plan Check Fees, and Fire Protection Fees. 5. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. 3. All outstanding application processing fees shall be paid prior to issuance of the Use Permit. California Department of ForestryButte County Fire Department 7. Mitigation Measure # 3 (a) Construction, installation or development of structures or facilities within this development shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulation in effect at the time of application for improvement permits. (b) Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. (c) A pressurized community water system for fire protection is required. The specific locations and fire flow requirements shall be in accordance with the Fire Department specifications and to the satisfaction of the County Fire Warden. Average required hydrant spacing shall be 500 feet, hydrant size shall be 6 inches, and residual fire flow shall be 1,000 gallons per minute. Submit plans to the Fire Department for review and approval prior to construction of facilities. Plan Requirements: The mitigation shall be placed shown on all building plans. Timing: This Mitigation shall be implemented at the time of site construction and prior to issuance of final building permits. Monitoring: The Butte County Fire/California Department of Forestry shall ensure compliance with the requirements of this mitigation 8. Fire hydrant identification, reflector or post reflectors shall be installed acceptable to the County Fire Chief. E Environmental Health 0 9. Prior to building permit issuance, under permit from the Environmental Health Division, abandon any septic tank on-site. 10. Prior to building permit issuance, meet the requirements .of the Butte County Environmental Health Division for a sewage disposal permit. Public Works Department 11. Prior to •issuance of building permits, obtain encroachment permit for all new or existing roadway connections and construct them to County standards, as specified in the County Improvement Standards. 12. Prior to the issuance of building permits submit road and drainage improvement plans for the installation' and construction of the street frontage improvements on access road to Hollywood Road to RS -8 -LD IV standard. Construct or install the required improvements. 13. Prior to 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. County Counsel 14. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to defend, indemnify and hold the County of Butte harmless from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. TABLE OF CONTENTS Board Transmittal form Board Memo Board Agenda Report PAGE Attachment A: General Plan and Zoning Map 1 Attachment B: Planning commission Agenda Report/Minutes. 2 Attachment C: Letter of Appeal 15 Attachment -D: Paradise Pines Commercial Park subdivision 16 Attachment E: Letter from Neighbor 19 Attachment F: • Initial Study 20 Attachment G: Use Permit Site Plans (2) Memorandum TO: Honorable Chair and Board of Supervisors FROM: Mark Michelena, Associate Planner SUBJECT: I January 11, 2005 Board of Supervisors' Hearing Biegler/Schwartz Use Permit Appeal (UP 04-13) ATTACHMENT: January 11, 2005, Agenda Report for Biegler/Schwartz Use Permit Appeal Department of Development Services Planning Division This is an appeal, made by the applicant, of the Planning Commission's November 18, 2004, denial of a Use Permit for one single family dwelling each on two adjacent parcels in Magalia. The Planning Commission denied the project due the potential conflict with the existing surrounding uses in the Community Commercial zone. The Board of Supervisors originally heard this appeal on April 23, 2002. At that hearing, the Planning Commission voted 3-2 for denial of the Use Permit. The April 23, 2002, Agenda Report is attached for the Board's Consideration. There has not been any additional information or change in circumstance regarding this Agenda Report. The original findings, conditions of approval, and actions for consideration remain the same. BUTTE COUNTY BOARD OF SUPERVISORS AGENDA REPORT — January 11, 2005 Applicant: Larry Biegler & Wallace APNs: 065-460-019 & Schwartz 065-460-020 Appellant: Larry Biegler Project Mark Michelena - Planner: Associate Planner File #: UP 04-13 Supervisor 5 District: Request: An appeal of the Planning Location: Commission's denial of the Use Permit, which proposes to -build one single family dwelling on each of two parcels. General Plan Designation: Zoning: Parcel Size: Commercial C -C (Community Commercial) 0.41 acres each EXECUTIVE SUMMARY: Attachments: 'A. B. C. D. E. F. G. On the north side of Hollywood Road, approximately 400 feet east of Skyway, Magalia. General Plan and Zoning Map Planning Commission Agenda Reports/Minutes Letter of Appeal Paradise Pines Commercial Park Subdivision Letter from Neighbor Initial Study Use Permit Site Plan The applicant is appealing the Planning Commission's denial of a Use Permit to establish one single family dwelling on each of two parcels. The Use Permit is required per Butte County Code Section 24-150(c)(2) for one (1) single family dwelling in the Community Commercial (C- C) zone. The site is physically. suitable for the proposed development and any adverse impacts - or conflicts with adjacent uses are resolved through mitigations and conditions. PROJECT DESCRIPTION/SITE CHARACTERISTICS: • No development currently exists on the property. • Community water and individual septic systems will serve the proposed homes. • Surrounding properties that are developed include single family residences, multi -family, and commercial uses. ■ BUTTE COUNTY BOARD OF SUPERVISORS ■ BIEGLER & SCHWARTZ UP 04-13 Agenda Report ■ ■ January 11, 2005 ■ Page 1 of 9 ■ • • • The site is level and has no significant topographic features or water courses on it. • Vegetation has mostly been cleared. A few existing pines and some ground cover exists in the rear of the property. • The proposed dwellings would be approximately 2,050 square feet each including an attached 2 -car garage. • Access will be off of Hollywood Road which is a County maintained road. ANALYSIS Land Use and Zoning • The parcels were created by the Paradise Pines Commercial Park Subdivision. • According to the recorded map, the lots do not have direct access to Hollywood Road. • Access is limited through the 25 -foot access easement to the 35 -foot vehicular access (V.A) in Lots 16-17 and 21 (Attachment Q. • Access to the parcels will need to be from the approved easements for access on and over those strips of land shown on the map and designated as access easements (Attachment D). • The property has been designated Community Commercial since March 18, 1975 (Ordinance No. 1563). • The C -C zone permits residential uses with a Use Permit. • The C -C zone does not specify setback requirements for residential uses. Setback requirements will be based on Butte County Code 24-75, Site Requirements. Side yard setbacks shall be at least 5 feet from the property line. The rear yard setback is designated by a 10 -foot Public Utility Easement. • According to Butte County Code 24-150 (e)(12), the Community Commercial Zone requiresa zone wall between the commercial zone and a residential zone or use. It was determined that since the proposed residential uses are the discretionary approval, the zone wall would be a condition of the use permit for the residential use. • The location of the zone walls were determined by the proposed location of the houses and how to best mitigate noise and impacts from surrounding commercial and multi- family uses on the use of the two parcels. • The Commercial General Plan designation lists residential uses as a secondary use. • Secondary uses are defined as other appropriate uses which are less extensive, but similar, compatible, or necessary to the primary uses. • The Community Commercial area consists of 24 parcels (9 parcels are developed with commercial uses, 7 are vacant and 8 parcels are developed with residential uses, both single and multi -family residences). The 2 project parcels are part of the 7 vacant parcels. ■ BUTTE COUNTY BOARD OF SUPERVISORS ■ BIEGLER & SCHWARTZ UP 04-13 Agenda Report ■ 0 January 11, 2005 0 Page 2 of 9 ■ • Upon review of this Community Commercial Zone, a pattern emerged, showing all current existing commercial uses required a use permit. There are no commercial uses that are designated as a permitted use by right. • Commercial uses in the area include a radiator repair shop, an automotive and motorcycle repair shop, a transmission shop, a tire repair shop, manufacturing/assembly, and mini storage. • Based on issued building permits and discretionary permits for this Community Commercial Zone, the most recent permit issued was a Use Permit in 2001 for an expansion of the manufacturing business on the adjacent parcel to the east (APN 065- 460-021). Traffic • The project will generate. approximately 20 average daily vehicle trips. • Local area roadways are a mixed of paved and gravel and have the capacity to handle the increase in traffic. Drainage Issues • The parcel is not within a 100 year flood plain. • Drainage impacts from the proposed single family dwellings will not be more significant than a permitted use. • Conditions are included to address site specific increases in runoff and drainage. Grading/Site preparation • The road to serve the development is already in and no additional grading work is anticipated. • Minor grading may be required for the access (frontage) road to serve the two parcels. • Underground water connections exist to the property line. • The site is level and only minimal grading would be required to prepare the site for construction. CEQA ISSUES /ENVIRONMENTAL DOCUMENTATION: • An initial study was performed for the project and a mitigated negative declaration is recommended. • Identified potentially significant impacts to air quality and archaeological resources. • Mitigation measures have been incorporated into the project to address the concerns. ■ BUTTE COUNTY BOARD OF SUPERVISORS ■ BIEGLER & SCHWARTZ UP 04-13 Agenda Report ■ ■ January 11, 2005 ■ Page 3 of 9 ■ ACTION FOR CONSIDERATION: Staff recommends that the Board of Supervisors take the following actions: I. Adopt a Mitigated Negative Declaration with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act. Said study identified significant environmental effects and included mitigation measures that would mitigate such effects below significant levels; a Mitigated Negative Declaration is proposed. B. The Board of Supervisors has considered the proposed Mitigated Negative Declaration, together with comments received during the review process. C. On the basis of the whole record before the Board of Supervisors including the Initial Study and any comments received, there is no substantial evidence that the Use Permit for Larry Biegler & Wallace Schwartz, Planning Division File No. UP 04-13, will have a significant effect on the environment. D. The proposed Mitigated Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. E. Adopt the Mitigated Negative Declaration regarding environmental impacts, with Mitigation Measures #1 and #2 as detailed in the Agenda Report dated, November 18, 2004. 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. Approve Use Permit 04-13, for Larry Biegler & Wallace Schwartz, subject to the conditions found in Exhibit "A" and the following findings: A. The proposed uses of the property will not impair the integrity and character of the zone in which the land lies, and the use would not be unreasonably incompatible with; or injurious to, surrounding properties, or detrimental to the health and general welfare of the persons residing or working in the neighborhood, or to the general health, welfare and safety of the residents of the County as supported by the following: 1. The C -C zone is developed with a mixture of residential and commercial uses along with undeveloped parcels. ■ BUTTE COUNTY BOARD OF SUPERVISORS ■ BIEGLER & SCHWARTZ UP 04-13 Agenda Report ■ ■ January 11, 2005 ■ Page 4 of 9 0 0 • 2. The commercial uses are manufacturing/assembly, repair and storage in nature and the proposed residential use is not in conflict with those commercial uses. 3. Adequate land is still available to meet the needs for commercial development in the area. 4. A single family residence on each parcel is not unreasonably incompatible with, or injurious to, surrounding properties and uses, and will not create significant amounts of noise, traffic, or other, physical impacts that would affect the neighborhood. ■ BUTTE COUNTY BOARD OF SUPERVISORS ■ BIEGLER & SCHWARTZ UP 04-13 Agenda Report ■ 0 January 11, 2005 0 Page 5 of 9 0 0 • EXHIBIT A USE PERMIT BUTTE COUNTY BOARD OF SUPERVISORS DATE: (Certified Mail Ree.) UP 04-13 PERMIT NO. 065-460-019 & 065-460-020 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Larry Biegler & Wallace Schwartz are hereby granted a Use Permit for a single family residence in a commercial zone on APN 065-460-019 & 065-460-020 on Hollywood Road, Magalia. 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 Permittee. ■ BUTTE COUNTY BOARD OF SUPERVISORS ■ BIEGLER & SCHWARTZ UP 04-13 Agenda Report ■ ■ January 11, 2005 ■ Page 6 of 9 ■ • 0 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. Mitigation Measure # 1. Measures shall be taken to control fugitive dust emissions from all driveways and other civil construction associated with development. All disturbed areas, including driveways, shall be treated with water and/or other acceptable soil palliatives during and after construction to minimize the creation of dust and to protect air quality in the surrounding area. The treatment shall be maintained until ground surfaces are stabilized with vegetation or pavement. Plan Requirements: All requirements shall be shown on building plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring; Air Pollution Control District inspectors shall respond to nuisance complaints. 2. Mitigation Measure # 2. Should grading activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains. Plan Requirements: All requirements shall be shown on building plans. Timing: This measure shall be implemented during site preparation and construction. Monitoring: Should cultural resources be discovered, the Planning Division shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 3. Mitigation Measure # 4. Install and maintain a sound -deadening wall (such as slumpstone) at a minimum of six (6) feet in height. Location of the wall shall be for a distance of 75 feet (from the 10 -foot Public Utility Easement (P.U.E.), at the north end of the property) along the western boundary of APN 065-460-019 and along the eastern boundary of APN 065-460-020, and along the P.U.E on the northern portion of APN 065- 460-019 and 065-460-020. Plan Requirements: All requirements shall be shown on building plans. ■ BUTTE COUNTY BOARD OF SUPERVISORS ■ BIEGLER & SCHWARTZ UP 04-13 Agenda Report ■ ■ January 11, 2005 ■ Page 7 of 9 ■ Timing: This measure shall be implemented prior to final approval of a building permit. Monitoring: The Butte County Department of Development Services shall inspect and confirm that all necessary walls are built. 4. Development fees for the proposed residential improvements shall be paid prior to the issuance of Building Permits. The fees shall be those in effect at time of application and may include, but not be limited to, Park and Recreation District fees, Water and Sewer Service Fees, Permit and Plan Check Fees, and Fire Protection Fees. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. 6. All outstanding application processing fees shall be paid prior to issuance of the Use Permit. California Department of Forestry/Butte County Fire Department 7. Mitigation Measure # 3 (a) Construction, installation or development of structures or facilities within this development shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulation in effect at the time of application for improvement permits. (b) Building identification and/or addresses shall be � installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. (c) A pressurized community water system for fire protection is required. The specific locations and fire flow requirements shall be in accordance with the Fire Department specifications and to the satisfaction of the County Fire Warden. Average required hydrant spacing shall be 500 feet, hydrant size shall be 6 inches, and residual fire flow shall be 1,000 gallons per minute. Submit plans to the Fire Department for review and approval prior to construction of facilities. Plan Requirements: The mitigation shall be placed shown on all building plans. Timing: This Mitigation shall be implemented at the time of site construction and prior to issuance of final building permits. Monitoring: The Butte County Fire/California Department of Forestry shall ensure compliance with the requirements of this mitigation Fire hydrant identification, reflector or post reflectors shall be installed acceptable to the County Fire Chief. Environmental Health 9. Prior to building permit issuance, under permit from the Environmental Health Division, abandon any septic tank on-site. 10. Prior to building permit issuance, meet the requirements of the Butte County Environmental Health Division for a sewage disposal permit. ■ BUTTE COUNTY BOARD OF SUPERVISORS ■ BIEGLER & SCHWARTZ UP 04-13 Agenda Report ■ 0 January 11, 2005 0 Page 8 of 9 0 0 Public Works Department 11. Prior to issuance of building permits, obtain encroachment permit for all new or existing roadway connections and construct them to County standards, as specified in the County Improvement Standards. 12. Prior to the issuance of building permits submit road and drainage improvement plans for the installation and construction of the street frontage improvements on access road to Hollywood Road to RS -8 -LD IV standard. Construct or install the required improvements. 13. Prior to 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. County Counsel 14. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to defend, indemnify and hold the County of Butte harmless from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. I hereby declare under penalty of perjury that I have read the foregoing conditions, which 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. Date: Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive • any other requirements. Butte County Board of Supervisors Chairman cc: Building Division Environmental Health Division Land Development Division Fire Department/CDF Butte County Assessor's Office ■ BUTTE COUNTY BOARD OF SUPERVISORS ■ BIEGLER & SCHWARTZ UP 04-13 Agenda Report ■ ■ January 11, 2005 ■ Page 9 of 9 ■ [144"Y Way_; AR 21/2 Diego Ln AR 21/2,. . -Hidde ke Ln mwj�mmv/v W1A MUM= -7!� C -C RT -1A AR Tam 1 300 0 300 800 800 1200 1500 1800 2100 2400 2700 3000Feet BUTTE COUNTY BOARD of SUPERVISORS Applicant: Larry Biegler/Wallace Schwartz Owner: Same Hearing Date: January 11, 2005 @ 10:30 a nL Existing Zone: C -C (Community Commercial) N Request: Appeal of the Planning mmissions 3enial fora Use Permit to establish one single y 3W0191 SDistrict � on e=h pwxd- Assessor Parcel No: 065-460-019 & 020 me:UP 04-13 BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT -- November 18, 2004 Applicant: Larry Biegler & Wallace Supervisor Schwartz District: 5 Request: Use Permit request to allow one Location: On the north side of single family dwelling on each Hollywood Road, parcel in a C -C, Community approximately 400 feet east Commercial zone. of Skyway, Magalia. File #: UP 04-13 Parcel Size: 0.41 acres each G.P.: Commercial Attachments: Zoning: C -C - Community Commercial A: General Plan/Zoning Map APN: 065-460-019 & 065-460-020. B: Initial Study/Mitigated Negative Declaration Planner: Mark Michelena C: Paradise Pines Commercial Associate Planner Park Subdivision D: Site Plan STAFF RECOMMENDATIONS Recommend that Planning Commission approve the Use Permit for Larry Biegler & Wallace Schwartz, subject to the findings and conditions contained herein. EXECUTIVE SUMMARY This project is a Use Permit request to allow the development of one single family residence on each parcel in the C -C, Community Commercial zone. The property is designated Commercial in the Butte County Land Use General Plan. The C -C zone permits the consideration of residential uses with a Use Permit. The site is physically suitable for the proposed development and any adverse impacts or conflicts with adjacent uses are resolved through mitigations and conditions. PROJECT DESCRIPTION/SITE CHARACTERISTICS: L • No development currently exists on the property: • Community water and individual septic systems will serve the proposed homes. • Surrounding properties that are developed include single family residences, multi -family, and commercial uses. • The site is level and has no significant topographic features or water courses on it. ■ BUTTE COUNTY PLANNING COMMISSION ■ BIEGLER & SCHWARTZ UP 04-13 Agenda Report ■ ■ November 18, 2004 ■ Page I of 10 ■ 0 , . • • Vegetation has mostly been cleared. A few existing pines and some ground cover exists in the rear of the property. • The proposed dwellings would be approximately 2,050 square feet each including an attached 2 -car garage. • Access will be off of Hollywood Road which is a County maintained road. ANALYSIS Land Use and Zoning • The parcels were created by the Paradise Pines Commercial Park Subdivision. • According to the recorded map, the lots do not have direct access to Hollywood Road. • Access is limited through the 25 -foot access easement to the 35 -foot vehicular access (V.A) in Lots 16-17 and 21 (Attachment Q. • Access to the parcels will need to be from the approved easements for access on and over those strips of land shown on the map and designated as access easements (Attachment D). • The property has been designated Community Commercial since March 18, 1975 (Ordinance No. 1563). • The C -C zone permits residential uses with a Use Permit. • The C -C zone does not specify setback requirements for residential uses. Setback requirements will be based on Butte County Code 24-75, Site Requirements. Side yard setbacks shall be at least 5 feet from the property line. The rear yard setback is designated by a 10 -foot Public Utility Easement. • According to Butte County Code 24-150 (e)(12), the Community Commercial Zone requires a zone wall between the commercial zone and a residential zone or use. It was determined that since the proposed residential uses are the discretionary approval, the zone wall would be a condition of the use permit for the residential use. • The location of the zone walls were determined by the proposed location of the houses and how to best mitigate noise and impacts from surrounding commercial and multi -family uses on the use of the two parcels. • The Commercial General Plan designation lists residential uses as a secondary use. ■ BUTTE COUNTY PLANNING COMMISSION ■ BIEGLER & SCHWARTZ UP 04-13 Agenda Report ■ ■ November 18, 2004 ■ Page 2 of 10 ■ • 0 • Secondary uses are defined as other appropriate uses which are less extensive, but similar, compatible, or necessary to the primary uses. • The Community Commercial area consists of 24 parcels (9 parcels are developed with commercial uses, 7 are vacant and 8 parcels are developed with residential uses, both single and multi -family residences). The 2 project parcels are part of the 7 vacant parcels. • Upon review of this Community Commercial Zone, a pattern emerged, showing all current existing commercial uses required a use permit. There are no commercial uses that are designated as a permitted use by right. • Commercial uses in the area include a radiator repair shop, an automotive and motorcycle repair shop, a transmission shop, a tire repair shop, manufacturing/assembly, and mini storage. • Based on issued building permits and discretionary permits for this Community Commercial Zone, the most recent permit issued was a Use Permit in 2001 for an expansion of the manufacturing business on the adjacent parcel to the east (APN 065-460-021). Traffic • The project will generate approximately 20 average daily vehicle trips. • Local area roadways are a mixed of paved and gravel and have the capacity to handle the increase in traffic. Drainage Issues • The parcel is not within a 100 year flood plain. • Drainage impacts from the proposed single family dwellings will not be more significant than a permitted use. • Conditions are included to address site specific increases in runoff and drainage. Grading/Site preparation • The road to serve the development is already in and no additional grading work is anticipated. • Minor grading may be required for the access (frontage) road to serve the two parcels. • Underground water connections exist to the property line. • The site is level and only minimal grading would be required to prepare the site for construction. CEQA ISSUES /ENVIRONMENTAL DOCUMENTATION: ■ BUTTE COUNTY PLANNING COMMISSION ■ BIEGLER & SCHWARTZ UP 04-13 Agenda Report ■ November 18, 2004 ■ Page 3 of 10 ■ • An initial study was performed for the project and a mitigated negative declaration is recommended. • Identified potentially significant impacts to air quality and archaeological resources. • Mitigation measures have been incorporated into the project to address the concerns. ACTION FOR CONSIDERATION: Staff recommends that the Planning Commission take the following actions: I. Adopt a Mitigated Negative Declaration with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act. Said study identified significant environmental effects and included mitigation measures that would mitigate such effects below significant levels; a Mitigated Negative Declaration is proposed. B. The Planning Commission has considered the proposed Mitigated Negative Declaration, together with comments received during the review process. C. On the basis of the whole record before the Planning Commission including the Initial Study and any comments received, there is no substantial evidence that the Use Permit for Larry Biegler & Wallace Schwartz, Planning Division File No. UP 04-13, will have a significant effect on the environment. D. The proposed Mitigated Negative Declaration reflects the independent judgment and analysis of the County; which is the Lead Agency. E. Adopt the Mitigated Negative Declaration regarding environmental impacts, with Mitigation Measures #1 and #2 as detailed in the Agenda Report dated, November 18, 2004. 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. ■ BUTTE COUNTY PLANNING COMMISSION ■ BIEGLER & SCHWARTZ UP 04-13 Agenda Report ■ ■ November 18, 2004 ■ Page 4 of 10 0 0 • III. Approve Use Permit 04-13, for Larry Biegler & Wallace Schwartz, subject to the conditions found in Exhibit "A" and the following findings: A. The proposed uses of the property will not impair the integrity and character of the zone in which the land lies, and the use would not be unreasonably incompatible with, or injurious to, surrounding properties, or detrimental to the health and general welfare of the persons residing or working in the neighborhood, or to the general health, welfare and safety of the residents of the County as supported by the following: 1. The C -C zone is developed with a mixture of residential and commercial uses along with undeveloped parcels. 2. The commercial uses are manufacturing/assembly, repair and storage in nature and the proposed residential use is not in conflict with those commercial uses. 3. Adequate land is still available to meet the needs for commercial development in the area. 4. A single family residence on each parcel is not unreasonably incompatible with, or injurious to, surrounding properties and uses, and will not create significant amounts of noise, traffic, or other physical impacts that would affect the neighborhood. ■ BUTTE COUNTY PLANNING COMMISSION ■ BIEGLER & SCHWARTZ UP 04-13 Agenda Report ■ ■ November 18, 2004 ■ Page 5 of 10 ■ EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP 04-13 PERMIT NO. 065-460-019 & 065-460-020 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Larry Biegler & Wallace Schwartz are hereby granted a Use Permit for a single family residence in a commercial zone on APN 065-460-019 & 065-460-020 on Hollywood Road, Magalia. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this Use Permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this permit must be established within two years of the date of approval. 3. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 4. If any use for which a Use Permit has been granted is not established within two years of the receipt of the Permit by the Permittee, the Permit shall become null and void and reapplication pursuant to Section 24-45 (of the Zoning Code) shall be required to establish the use previously granted under the expired Permit unless, 30 days prior to the expiration date, a request for a one year extension is submitted to the Planning Commission together with sufficient evidence that the time limits for processing development permits under federal or state regulations require time limits which exceed one year. Upon application, and for good cause by the Permittee, at a public hearing pursuant to Section 24-45.25 above, the Planning Commission may extend any time limitation previously made a part of any condition to a Use Permit. 5. The terms and conditions of this Permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. ■ BUTTE COUNTY PLANNING COMMISSION ■ BIEGLER & SCHWARTZ UP 04-13 Agenda Report ■ ■ November 18, 2004 ■ Page 6 of 10 ■ 0 • 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. Mitigation Measure # 1. Measures shall be taken to control fugitive dust emissions from all driveways and other civil construction associated with development. All disturbed areas, including driveways, shall be treated with water and/or other acceptable soil palliatives during and after construction to minimize the creation of dust and to protect air quality in the surrounding area. The treatment shall be maintained until ground surfaces are stabilized with vegetation or pavement. Plan Requirements: All requirements shall be shown on building plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: Air Pollution Control District inspectors shall respond to nuisance complaints. 2. Mitigation Measure # 2. Should grading activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains. Plan Requirements: All requirements shall be shown on building plans. Timing: This measure shall be implemented during site preparation and construction. Monitoring: Should cultural resources be discovered, the Planning Division shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 3. Mitigation Measure # 4. Install and maintain a sound -deadening wall (such as slumpstone) at a minimum of six (6) feet in height. Location of the wall shall be for a distance of 75 feet ■ BUTTE COUNTY PLANNING COMMISSION ■ BIEGLER & SCHWARTZ UP 04-13 Agenda Report ■ ■ November 18, 2004 ■ Page 7 of 10 ■ (from the 10 -foot Public Utility Easement (P.U.E.), at the north end of the property) along the western boundary of APN 065-460-019 and along the eastern boundary of APN 065-460- 020, and along the P.U.E on the northern portion of APN 065-460-019 and 065-460-020. Plan Requirements: All requirements shall be shown on building plans. Timing: This measure shall be implemented prior to final approval of a building permit. Monitoring: The Butte County Department of Development Services shall inspect and confirm that all necessary walls are built. 4. Development fees for the proposed residential improvements shall be paid prior to the issuance of Building Permits. The fees shall be those in effect at time of application and may include, but not be limited to, Park and Recreation District fees, Water and Sewer Service Fees, Permit and Plan Check Fees, and Fire Protection Fees. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. 6. All outstanding application processing fees shall be paid prior to issuance of the Use Permit. California Department of Forestry/Butte County Fire Department 7. Mitigation Measure # 3 (a) Construction, installation or development of structures or facilities within this development shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulation in effect at the time of application for improvement permits. (b) Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. (c) A pressurized community water system for fire protection is required. The specific locations and fire flow requirements shall be in accordance with the Fire Department specifications and to the satisfaction of the County Fire Warden. Average required hydrant spacing shall be 500 feet, hydrant size shall be 6 inches, and residual fire flow shall be 1,000 gallons per minute. Submit plans to the Fire Department for review and approval prior to construction of facilities. Plan Requirements: The mitigation shall be placed shown on all building .plans. Timing: This Mitigation shall be implemented at the time of site construction and prior to issuance of final building permits. ■ BUTTE COUNTY PLANNING COMMISSION ■ BIEGLER & SCHWARTZ UP 04-13 Agenda Report ■ ■ November 18, 2004 ■ Page 8 of 10 ■ Monitoring: The Butte County Fire/California Department of Forestry shall ensure compliance with the requirements of this mitigation Fire hydrant identification, reflector or post reflectors shall be installed acceptable to the County Fire Chief Environmental Health 9. Prior to building permit issuance, under permit from the Environmental Health Division, abandon any septic tank on-site. 10. Prior to building permit issuance, meet the requirements of the Butte County Environmental Health Division for a sewage disposal permit. Public Works Department 11. Prior to issuance of building permits, obtain encroachment permit for all new or existing roadway connections and construct them to County standards, as specified in the County Improvement Standards. 12. Prior to the issuance of building permits submit road and drainage improvement plans for the installation and construction of the street frontage improvements on access road to Hollywood Road to RS -8 -LD IV standard. Construct or install the required improvements. 13. Prior to 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. County Counsel 14. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to defend, indemnify and hold the County of Butte harmless from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved,by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. I hereby declare under penalty of perjury that I have read the foregoing conditions, which 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. Date: Applicant ■ BUTTE COUNTY PLANNING COMMISSION ■ BIEGLER & SCHWARTZ UP 04-13 Agenda Report ■ ■ November 18, 2004 ■ Page 9 of 10 ■ NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Butte County Planning Commission Chairman cc: Building Division Environmental Health Division Land Development Division Fire Department/CDF Butte County Assessor's Office ■ BUTTE COUNTY PLANNING COMMISSION ■ BIEGLER & SCHWARTZ UP 04-13 Agenda Report ■ ■ November 18, 2004 ■ Page 10 of 10 ■ 0 0 COUNTY OF BUTTE 409036 OFFICIAL RECEIPT OFFICE OR DEPA,RTMENT ISSUING RECEIPT O 20 Received from L A vz� e. For Received: CASH CHECK Received..Oy Lj� Title • �, I �'" a, . ad: r;< asAPt.:..ai{(5{�fe.•u�.�TT.=5J'Sv'! � eTfeO' 8' I L L I .S >Jr H'OOOW.9.P AYE. � 4 �aeimr. d4 V r � F +• I .._-_ _ N .. �i �E. Niki oT. 8.6 'a 8 5 8 4 8 3 8 2 a 8 / „I � -: 3i5 mraJ ,srees �I c�oa "l ton v.o(.z 18/ m ,i�b 8 S Iy I �'A• ' Jr- d p 0 2 $ ,.r�sr-c %.a -caw �m zaw- wm -esn (II �• d /7a�v/8 a./9 G20 Z2/8 z2� .,':' 8 °m i LQ 0 a mn /6 9 I -- 0 � •o1roG e�•'f"roa�® I w�• m I ^ .rP✓JJ's<'G x." � � half O �_ o..:- t ..• . � -- Q JTv fi'OL Y a.:P0.90Jyq R .e : e,,,a 4v'ta •alb >< -SGC N FI . v II• i 18, V/C//✓/TY MFlP Im 37 M x BASIS OF BEARINGS m V L H THE CENTER LINE OF WOOD DRIVE BETWEEN HOLLY DRIVE ' 30 I a 1.�T �f-c � I' 8 88 ? I c.or •a ( 128 8 27 2G p `5 T124 8 2� 8 N AT PAGES 9, 9 d 10. -_I-_ Yan'-__ iam- aezV- ow Tem za'67' " - S EV liC is .f 7 a �3f �34c � •c *ISI 8 I I 46 35 N 1@g M • a dal • q 36.6 I 44m I I.8 V/C//✓/TY MFlP Im ..................................................... Rf. ALL LOT CORNERS NOT INDICATED BY INC ABOVE SYMBOLS "TO BE MARKED BY 3/4 IRON PIN WITH TAG R.C.E. 9033 SUBDIVISION NO. PARADISE PINES COMMERCIAL PARK PTN. SEC. 24, T. 23 N., R.3 E., M. D. M. BUTTE COUNTY, CALIFORNIA SCALE' I"m 100' SEPTEMBER, 1970 MURRAY 8 McCORMICK INC. CIVIL ENGINEERS LAND SURVEYORS 1912 F ST, SACRAMENTO, CALIFORNIA SH§ET i PF 2 SHFFTS 37 M x BASIS OF BEARINGS m V L H THE CENTER LINE OF WOOD DRIVE BETWEEN HOLLY DRIVE Q AND WOOpY/ARD DRIVE SHOWN AS N 00. OA' OB'W' ON THE p ? REVI SED -RECORD OF SURVEY OF SHEETS 3. A AND 5 OF n FIR HAVEN SUBDIVISION FILED IN BOO)( 27 OF MAPS ' i 4 N AT PAGES 9, 9 d 10. a4esr a _— — p.-iie,.oe mva—s — J LEGEND CALCULATED POINT ........................... ...................... p n W s.. mA•.. c,�f� 39 I e SET BACK LINE ................... .... ..... ...... ..... ....... _— E PUBLIC UTILITY EASEMENT IP. U. E. 1 .................... * @8 AT'cEl "— DRAINAGE EASEMENT ID. E. 1 .............. ... ....... -----' _ b FOUND 2• IRON PIPE TAGGED P.G.E. 9033 ................................... f SET CENTERLINE MONUMENT .................................................... 'SET 2"K 3 IROy PIPE TAGGED R.C.E. 9033 ............................�j 8 ! F / FOUND MONUMENT AS SHOWN ................................... ..... ...x �PO .i.P N a.A' .fi?00 ::'•'l:'. +: w u,. u''ttr ' VEHICULAR ACCESS'.( LIMIT OF) ............................ ACCESS EASEMENT ..................................................... Rf. ALL LOT CORNERS NOT INDICATED BY INC ABOVE SYMBOLS "TO BE MARKED BY 3/4 IRON PIN WITH TAG R.C.E. 9033 SUBDIVISION NO. PARADISE PINES COMMERCIAL PARK PTN. SEC. 24, T. 23 N., R.3 E., M. D. M. BUTTE COUNTY, CALIFORNIA SCALE' I"m 100' SEPTEMBER, 1970 MURRAY 8 McCORMICK INC. CIVIL ENGINEERS LAND SURVEYORS 1912 F ST, SACRAMENTO, CALIFORNIA SH§ET i PF 2 SHFFTS 37 j8 ;8 43 <tf:i.t I i 4 N a4esr a _— — p.-iie,.oe mva—s — J 4 sa 39 I v �^ f,+.�.+•-c A. t lakes �^ . ro I r7 ra�trrn,� ,�P 4!66�8,'Tfl,C,".'1�? �PO .i.P N a.A' .fi?00 ::'•'l:'. +: w u,. u''ttr ..................................................... Rf. ALL LOT CORNERS NOT INDICATED BY INC ABOVE SYMBOLS "TO BE MARKED BY 3/4 IRON PIN WITH TAG R.C.E. 9033 SUBDIVISION NO. PARADISE PINES COMMERCIAL PARK PTN. SEC. 24, T. 23 N., R.3 E., M. D. M. BUTTE COUNTY, CALIFORNIA SCALE' I"m 100' SEPTEMBER, 1970 MURRAY 8 McCORMICK INC. CIVIL ENGINEERS LAND SURVEYORS 1912 F ST, SACRAMENTO, CALIFORNIA SH§ET i PF 2 SHFFTS 1 �y L/ �89os3sc "� P.•ti, f /3 ! � � j I7 o, %A6 /9 20 �, 2/ o 22 t oa �, i /Y &e .09 -- Sj .r/Gt" .//' �• G17.00 60.00 G�G'GYJ 60tXi roV006�c-�6" HOLY / 3S Y. i9 3S Y.St �1 . .9'57' ' tJ.G�' PF-e,5- --lot 0 OMER'S CERTIFICATE LARWIN DEVELOPMENTS INC., A CQRPO RATION AS OWNER OF THE LAND INCLUDED WITHIN PARADISE PINES COMMERCIAL PARK AS SHOWN 'WIT! -!-1 NTHE COLORED BORDER LINE ON THE ANNEXED MAP, ANO WESTERN TITLE INSURANCE COMPANY, A CORPORATION AS TRUSTEE UNDER RECORD DEEDS -OF TRUST DO HEREBY CERTIFY THAT WE ARE THE ONLY PERSONS WHOSE: CONSENT IS NECESSARY TO PASS CLEAR TITLE TO SAID LAND AND WE CONSENT TO THE PREPARATION AND RECORDATION OF SAID NIAP AS SHOWN WITHIN THE COLORED BORDER LINES. THOSE PORTIONS OF HOLLY ROAD, WOODWARD AVENUE, VINE ROAD AND SKYWAY AS SHOWN WITHIN THE COLORED BORDER LINES ON SAID MAP ARE HEREBY OFFERED FOR DEDICATION FOR PUBLIC USE FOR COUNTY ROAD PURPOSES, WE ALSO OFFER FOR L'ED;CATION, AND DO HEREBY DEDICATE FOR SPECIFIC PURPOSES THE FOLLOWING: (A) RIGHTS OF WAY AND EASEMENTS FOR WATER, GAS, SEWER. AND DRAINAGE PIPES, TOGETHER 'NiTH ANY AND ALL APPURTENANCES APPERTAINING THERETO. ON, OVER, AND UNDER THOSE STRIPS OF LAND DESIGNATED PUBLIC UTILITY EASEMENT CONTIGUOUS TO THE REAR AND/OR SID -CLINE 5 OF LOTS AND OF THE WIDTHS SHOWN HEREON. (B) EASEMENTS FOR LIGHT AND AIR OVER THOSE STR!PS OF LAND LYING BETWEEN THE FRONT AND %OR SIDELINES OF LOTS AND THE LINES SHOWN HEREON AND DESIGNATED SET BACK LINE, SAID STRIPS TO BE KEPT OPEN AND FREE OF BUILDINGS, (C) RIGHTS OF WAY AND EASEMENTS FOR DRAINAGE PIPES TOGETHER WITH ANY AND ALL APPURTENANCES APPERTAINING THERETO ON, OVER, AND UNDER THOSE STRIPS OF LAND DESIGNATED DRAINAGE EASELIENT IN THE LOCATIONS AND OF THE WIDTHS SHOWN HEREON. (D) EASEMENT'S FOR ANCHORS, GUYS, OVERHEAD AND UNDERGROUND WIRES AND CONDUITS FOR =LECTRIC AND TELEPHONE, WATER, SEWER AND GAS SERVICE TOGETHER WITH ANY AND ALL APPURTENANCES THERETO ON, OVER ANC'UNDER STRIPS OF LAND 10 FEET IN WIDTH WITHIN THE LOTS AND CONTIGUOUS TO ANY STREET OR OTHER. PUBLIC 4°/AY TOGETHER WITH THE RIGHT TO TRIP•? OR REMOVE ONLY 'f(iF NECESSARY TREES, TREE LIMSS' OR BRUSH. (E) EASEMENTS FOR POLES, ANCHORS AND GUYS ON, OVER AND ACROSS THOSE STRIPS OF LAND LYING WITHIN 2•;"=zT ON 601-H SIDES OF ALL SIDE LOT LINES AND EXTENDING 35 FEET BACK FROM THE FRONT PROPERTY L'sNES. (F) ACCESS TO THE LOTS WITHIN THIS SUBDIVISION IS RESTRICTED -1-0 THE PLACES SHOWN ON THE MAP AND DESIGNATED VEHICULAR ACCESS. (G) EASEMENTS -FOR ACCESS ON AND OVER THOSE STRIPS OF LAND SHOWN ON THE MAP AND DESIGNATED ACCESS EASEMENT. LARW I N DEVELOPMENTS, INC-F:=`�F;oCA / F. JT 11•'E ' I `0- I U T STATE OF CALIFORNIA ) SS COUNTY OF BUTTE ) ON THIS /`t DAY OF PUBLIC IN AND FOR THE COUNTY OS MICHAEL D. CATHCART KNOWN TO 0 TANT SECRETARY, RESPECTIVEW OF WHICH EXECUTED THE FOREGOING C: WHO EXECUTED THE FOREGOING CERT NAMED, AND ACKNOWLEDGED TO ME T My f '-e WESTERN TIyTLE�IiNSURAN .E COOMPANI STATE OF CALIFORNIA ) COUNTY OFr/,'a���e ) 55 ON TH i S - 27 DAY OF�, , PUBLIC IN AND FOR THE COUNTY OF KNOWN TO ME T"0 BE THE ic— RESPECTIVELY OF WESTERN TITLE ° Wi-11 CH EXECUTED THE FOREGO i NG Cl SONS WHO EXECUTED THE FOREGOIN( THEREIN NAMED, AND ACKNOWLEDGE( SAME. ............ qo f �i:—^Irv-"r•vw-w-�:..r.'Rr••n"',_.,_.+.......�.—.., ... SURVEYOR'S CCR.TIFICATE I. DONALD D. MCCORMICK, DO HERI ENGINEER OF THE STATE OF CALIF( COMMERCIAL PARK CORRECTLY REP! 11/08/2004 16:55 11/8/2004 5308733685 INLINE TABLES PAGE 01 In -Line Tables Phone: 530-873-3928 Mailing: P.O. Box 618 Magalin, CA 95954 Fax: 530-873-3685 Shipping: 6443 Hollywood St., Magalia, 95954 www.inlineproducts.com Butte County Department of Development Services Attn: Mark Michelena, Associate Planner Re: Planning Commission Hearing for Use Permit 04-13; APN 071-160-030. Dear Mr. Michelena, BUTTE COUNTY NOV 0 8 2004 JEVELOPNIENI SERVICES Thank you for sending me the copies of the subdivision map with the highlighted relevant information. Regarding the Use Permit for Mr. Biegler and Mr. Schwartz, I never realized when I purchased my property that such an easement existed or that the Paradise Pines Commercial Park Subdivision required access for the adjoining parcels to go through mY property. Naturally, I was surprised to learn of this issue. I'm not sure what the reasoning may have been when this requirement was originally created, but I don't feel that it is a reasonable requirement today. The street the properties are on, Hollywood Road, is nota busy throughfare, so there isn't an issue of not being able to access the properties safely. And being that my property is a commercial manufacturing facility and the new properties being developed are residences on 1/3 acre lots, they have plenty of room for driveways, while it would be very disruptive to tear out a portion of the retaining wall I've constructed to create access for vehicles to cross. It would also impact my parking and probably create ongoing maintenance hassles between me and whoever my new neighbors will be. In addition, there is a utility pole midway from the street to my building - about 60 feet - that supports my power lines. From what I can see on the map you sent me, this pole would be right in the middle of any new driveway and would need to be relocated. Where? It's right where it needs to be. And how disruptive will it be to have to shut my business down for a day or so and have my driveway tom up to remove and replace the current pole, along with tearing out a portion of my wall. It all seems so unnecessary and unreasonable. In light of my above concerns, I ask the Board of Supervisors to grant individual access to the each of the parcels involved. Sincerely, To y V I Inline Ta es DEVELOPMENT SERVICES DEPARTMENT BUTTE COUNTY ,INITIAL STUDY AND PROPOSED MITIGATED NEGATIVE DECLARATION For Larry Biegler & Wallace Schwartz UP 04-13 Y yF • • Project Name: Biegler & Schwartz Use Permit, UP 04-13 COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES INITIAL STUDY FOR Biegler & Schwartz, UP 04-13 1.0. PROJECT INFORMATION A. Applicant/Owner: Larry Biegler & Wallace Schwartz B. Representative: NA C. Staff Contact: Mark Michelena, Associate Planner D. Project Name: Biegler & Schwartz Use Permit E. Proiect Location: On the north side of Hollywood Road, approximately 400 feet east of Skyway in Magalia. F. Type of Application: Conditional Use Permit G. Assessor's Parcel Number(s): 065-460-019 & 065-460-020 H. Project Site Size: 0.41 acres each I. Current Zoning: CC (Community Commercial) J. General Plan Designation: Commercial K. Environmental Setting: The properties are currently undeveloped. The Vegetation has been mostly removed with a few pine trees. The site is generally level. Elevation is approximately 2,400 ft. Access to the property is provided by frontage on Hollywood Road, a County maintained road. L. Surrounding Land Uses: Surrounding properties are a mix of undeveloped parcels, residential uses, both single family and multi -family and commercial uses. Across Hollywood Circle is a self storage facility and auto repair. The property lies adjacent to the Magalia Reservoir property, which is zoned for public uses. Parcel sizes in this area are typically from one-third acre to 3 acres. This area was subdivided in 1972 by the Skyway Plaza Subdivision map. This subdivision comprises a commercial portion of the Paradise Pines residential subdivision, although commercial development is not prevalent or built -out in this subdivision. M. Project Description: This is an application for a Use Pemmit to develop a single, family dwelling on each parcel. Each single family dwelling would be approximately 2010 square feet, including a two car garage. The single family dwellings will have attached carports. The development would include landscaping, driveways, walkways, and on-site sewage disposal systems, including two septic tanks for the single family dwellings. Traffic circulation would be provided by two 20 ft. wide driveway connection to Hollywood Road. N. Public Agency Approvals: Butte County Public Works, Butte County Environmental Health, Butte County Department of Forestry ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Biegler/Schwartz UP 04-13 ■ Page 1 of 23■ Project Name: Biegler & Schwartz Use Permit, UP 04-13 2.0 DETERMINATION ❑ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. D I find that although the proposed project COULD have a significant effect on the environment, there will NOT be a significant effect in this case because revisions have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project COULD have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed A ^ upon the p�rogosed project, nothing further is required. C/ Associate W. Baker, Planning Manager Date Date 3.0 POTENTIALLY SIGNIFICANT,EFFECTS CHECKLIST SETTING A. Environmental Factors Potentially Affected: The environmental factors checked below could be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact' as indicated by the checklist on the following pages. [ ] Aesthetics [ ' ] Agriculture Resources [ ✓ ] Air Quality [ ] Biological Resources [ ✓ ] Cultural Resources [ ] Geologic Processes [ ✓] Hazards and Hazardous Material [ ] Hydrology/Water Quality [ ] Land Use [ ] Mineral Resources [ ✓] Noise [ ] Housing [ ] Public Service [ ] Recreation [ ] Transportation/Traffic [ ] Utilities and Service Systems [ ✓ ] Mandatory Findings of Significance B. Evaluation of Environmental Impacts: 1) A brief explanation is required for all answers except "No Impact' answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact' answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact' answer should be explained where it is based on project -specific factors as well as general standards, (e.g., the project will not expose sensitive receptors to pollutants based on a project -specific screening analysis.) ■ Butte County Department of Development Services ■ - ■ Planning Division ■ Initial Study — Biegler/Schwartz UP 04-13 ■ Page 2 of 23■ Project Name: Biegler & Schwartz Use Permit, UP 04-13 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 ■ Initial Study — Biegler/Schwartz UP 04-13 ■ Page 3 of 23■ Project Name: Biegler & Schwartz Use Permit, UP 04-13 4.0 ENVIRONMENTAL IMPACTS: 4.1 AESTHETICNISUAL RESOURCES: Would the proposal: Potentially Less Than Significant Less Than Revi?wed Under Significant with Significant No Impact Previous Impact Mitigation Impact No Document Incorporated Impact a. Have a substantial adverse effect on a scenic vista? ✓ b. Substantially damage scenic resources, including, but not ✓ limited to, trees, rock outcroppings, and historic buildings ✓ within a state scenic highway? c. Substantially degrade the existing visual character or ' ✓ quality of the site and its surroundings? d. Create a new source of substantial light or glare which ✓ would adversely affect day or nighttime views in the area? Impact Discussion: This project would not affect a scenic vista nor have a demonstrable negative aesthetic effect. The site is not located along a State or County designated scenic highway. The two residential units, one on each parcel, which are proposed to be built as a result of this project, may have night lighting for safety and' security reasons. However, lighting would not cause a significant impact'because of the limited number of dwellings that can be placed on the site, the relatively low density of development, and because the surrounding area is zoned for ' commercial development, which would not generally include uses that are sensitive to light and glare, and similar residential uses. Street lights are not required as a part of this project. Butte County Code Section 24-150 (e) (11) requires that all outdoor trash storage and collection facilities be enclosed within a solid masonry wall or view -obstructing fence at least one (1) foot higher than the trash container. This requirement would be a condition of the Use Permit. Mitigation: None required 4.2 AGRICULTURE RESOURCES: Would the proposal: Potentially Less Than Significant Less Than Reviewed Significant with Significant No Impact Under Previous Impact Mitigation Impact 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 ✓ Monitoring Program of the California Resources Agency, to non-agricultural use? ' b. Conflict with existing zoning for agricultural use, or a Williamson Act Contract? c. Involve other changes in the existing environment which, due to their location or nature, could result in conversion ✓ of Farmland, to non-agricultural use? ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Biegler/Schwartz UP 04-13 ■ Page 4 of 23■ Project Name: Biegler & Schwartz Use Permit, UP 04-13 Impact Discussion: The project site is in a designated as commercial and residential uses. Current use of the area includes commercial residential and vacant lots. No agricultural uses will be converted. There is no Williamson Act contract affecting this or surround properties. The property does not contain agricultural soils. The Use Permit would not have any impact on agricultural resources. Mitigation: None required 4.3 AIR QUALITY: 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 (PMio). Currently, Butte County is in attainment for all the federal (less stringent) air quality standards. Development of the project site would result in a cumulative impact on air quality created by the increase in vehicle traffic and dust from vehicular traffic on unpaved driveways on the site. The additional vehicle traffic is not anticipated to be significant because only two new single family residential dwellings would be allowed. The proposed two residential dwellings are well below the 97 -lot threshold established by the Butte County Air Quality Management District for additional air-quality analysis (1997 Air Quality Attainment Plan). The air quality impact of additional wood stoves is addressed through the California Building Code which requires all new stove installations to be EPA approved and designed to meet emissions standards of the California Clean Air Act of 1988 as amended. The project may create fugitive dust emission during site development activities, such as grading, excavation for foundations and utilities, tree removal, road construction, and other soil work. The Butte County Air Quality Management District (BCAQMD) recommends incorporating measures to control fugitive dust emission for all road and other construction activities during project development, using such methods as site and driveway watering and/or use of other acceptable soil palliatives: Mitigation Measure # l,'as set forth below, requires a condition to be placed on the Use Permit stating that dust control measures shall be taken during site development activities. ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Biegler/Schwartz UP 04-13 ■ Page 5 of 23■ Less Than Reviewed Would the proposal: Potentially Significant Significant with Less Than Significant No Undrr Impact Mitigation Impact Impact Previcus Incorporated Docunwnt a. Conflict with or obstruct implementation of the applicable ✓ air quality plan? b. Violate any air quality standard or contribute substantially ✓ to an existing or projected air quality violation? c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air ✓ quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d. Expose sensitive receptors to substantial pollutant ✓ concentrations? e. Create objectionable odors affecting a substantial number ✓ of people? Impact Discussion: Both the California Air Resources Board and the Environmental Protection Agency have established air pollution standards in an effort to protect human health and welfare. Geographic areas are designated "attainment" if these standards are met and "nonattainment" if they are not met. In addition, each agency has several levels of classifications based on severity of the problem. Butte County and all northern Sacramento Valley Air Districts have been designated as "moderate" nonattainment areas for the state standards for ozone and fine particulate matter (PMio). Currently, Butte County is in attainment for all the federal (less stringent) air quality standards. Development of the project site would result in a cumulative impact on air quality created by the increase in vehicle traffic and dust from vehicular traffic on unpaved driveways on the site. The additional vehicle traffic is not anticipated to be significant because only two new single family residential dwellings would be allowed. The proposed two residential dwellings are well below the 97 -lot threshold established by the Butte County Air Quality Management District for additional air-quality analysis (1997 Air Quality Attainment Plan). The air quality impact of additional wood stoves is addressed through the California Building Code which requires all new stove installations to be EPA approved and designed to meet emissions standards of the California Clean Air Act of 1988 as amended. The project may create fugitive dust emission during site development activities, such as grading, excavation for foundations and utilities, tree removal, road construction, and other soil work. The Butte County Air Quality Management District (BCAQMD) recommends incorporating measures to control fugitive dust emission for all road and other construction activities during project development, using such methods as site and driveway watering and/or use of other acceptable soil palliatives: Mitigation Measure # l,'as set forth below, requires a condition to be placed on the Use Permit stating that dust control measures shall be taken during site development activities. ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Biegler/Schwartz UP 04-13 ■ Page 5 of 23■ • • • Project Name: Biegler & Schwartz Use Permit, UP 04-13 Mitigation Measure # 1 The Use Permit shall include the following condition: "Measures shall be taken to control fugitive dust emissions from all driveways and other civil 'construction associated with development. All disturbed areas, including driveways, shall be treated with water and/or other acceptable soil palliatives during and after construction to minimize the creation of dust and to protect air quality in the surrounding area. The treatment shall be maintained until ground surfaces are stabilized with vegetation or pavement. Plan Requirements: The conditions shall be placed on the Use Permit. All requirements shall be shown on building plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Planning Division and the Public Works Department shall ensure that the conditions are placed on the Use Permit. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. 4.4 BIOLOGICAL RESOURCES: Would the proposal: Less Than Significant Less Than Renewed Potentially Significant with Significant No U.ider Previous Impact Mitigation Impact Impact 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 Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California ✓ Department of Fish and Game or U.S. Fish and Wildlife Service? c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 or the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, ✓ etc.) through direct removal, filling, hydrological interruption, or other means)? d. Interfere substantially with the movement of any native resident or migratory fish and wildlife species or with ✓ established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e. Confect with any local policies or ordinances protecting biological resources such as a tree preservation policy ✓ ordinance? f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, ✓ or other approved local, regional, or state habitat conservationplan? g A reduction in the numbers, a restriction in the range, or an impact to the critical habitit of any unique, rare, threatened, ✓ or endangered species of animals? ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Biegler/Schwartz UP 04-13 ■ Page 6 of 23■ Project Name: Biegler & Schwartz Use Permit, UP 04-13 Would the proposal: P P Less Than Significant Re-iewed Potentially Significant Less Than No Under Significant with Significant No Pr:vious Impact Mitigation Impact Impact Document Incorporated Docs ment h. A reduction in the diversity or numbers of animals onsite ✓ (including mammals, birds, reptiles, amphibians, fish or ✓ invertebrates)? ✓ i. A deterioration of existing fish or wildlife habitat (for ✓ foraging, breeding, ioostin , nesting, etc.)? ✓ j. Introduction of barriers to movement of any resident or ✓ migratory fish or wildlife species? k. Introduction of any factors (light, fencing, noise, human presence and/or domestic animals) which could hinder the ✓ normal activities of wildlife? Impact Discussion: The property is zoned for commercial uses and is designated for commercial development by the Butte County General Plan. The proposed development of a single family dwelling would generally have less impact to the site than commercial development which is permitted and would not have CEQA analysis. This would mean that little, if any, additional disturbance would occur at this site over and above what is already permitted under the County Zoning Ordinance and General Plan. There are no known wetlands, riparian areas, streams or drainage ditched on this property. The site is surrounded by 1/3 to 1/2 acre parcels either developed with commercial or residential uses, both single family and multi -family, or vacant. The project parcels are in a developed area and do not represent a significant viable habitat resource. The property has been mostly cleared of the existing vegetation. A few scattered pines are located in the rear of the lots. The property has been identified by the California Department of Fish and Game as having the potential for Calystegia Atriplicifloria SSP Buttensis (Butte County Morning Glory). Neither the California Department of Fish and Game nor the US Fish and Wildlife identify the species as rare or endangered. The parcels are not in a designated deer herd area. 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 are not required. The proposal would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local_, regional, or state habitat conservation plan as no plan exists to cover the property. Mitigation: None required 4.5. CULTURAL RESOURCES: ' Would the proposal: P P Less Than Potentially Significant Less Than No Reviewed Significant with Significant impact Umder Impact Mitigation Impact Pre-ious Incorporated Docs ment a. Cause a substantial adverse change in the significance of a ✓ historical resource as defined in § 15064.5? b. Cause a substantial adverse change in the significance of an ✓ archaeological resource pursuant to § 15064.5? C., Directly or indirectly destroy a unique paleontological ✓ resource or site or unique geologic feature? ■ Butte County Department of Development Services ■ 0 Planning Division ■ Initial Study — Biegler/Schwartz UP 04-13 ■ Page 7 of 23■ Project Name: Biegler & Schwartz Use Permit, UP 04-13 Would the proposal: P P Less Than Potentially Significant Less Than No Revi:wed Significant with Significant impact Under Impact Mitigation Impact Previous Incorporated Document d. Disturb any human remains, including those interred outside of formal cemeteries? Impact Discussion: According to archaeological mapping maintained by Butte County, the property is not located within an archaeologically sensitive area. This mapping is general .in nature and basis the probability of archeological significance on the physical characteristics and history of different areas of the County. The proposed development permitted under this Use Permit could have an impact on undiscovered archaeological resources. There is always the potential for undiscovered archaeological resources to be uncovered during excavation activities. For this reason a mitigation measure is set forth below that would require that all construction activities cease in such an instance. Ground disturbance would not resume until clearance is provided by a qualified archaeologist. Mitigation Measure # 2: Should grading activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains. Plan Requirements: The condition shall be placed on the Use Permit. All requirements shall be shown on building plans. Timing: This measure shall be implemented during site preparation and construction. Monitoring: Should cultural resources be discovered, the Planning Division shall coordinate with the -developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study - Biegler/Schwartz UP 04-13 ■ Page 8 of 23■ Project Name: Biegler & Schwartz Use Permit, UP 04-13 4.6 GEOLOGIC PROCESSES: Would the proposal: Potentially Significant Less Than Significant with Less Than Significant No REviewed Under Impact Mitigation Impact Impact Previous Do•ument Incorporated a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: ✓ 1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault 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? 3. Seismic -related ground failure, including liquefaction? 4. Landslides? b. Result in substantial soil erosion or the loss of topsoil? ✓ c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and ✓ potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d. Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial , ✓ risks to life or property? e. Have Soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system ✓ where sewers are not available for the disposal or waste water? Impact Discussion: a.1. The Seismic Safety Element indicates that all of Butte County is in Moderate Earthquake Intensity Zone VIII. The closest mapped Fault -Rupture Zone is the Cleveland Hills Fault line which is located approximately 35 -miles to the southeast. No impacts are anticipated as a result of fault rupture and no seismic related requirements are necessary. a.2. The intensity of ground shaking at any specific site depends on the characteristics of the earthquake, the distance from the earthquake, and on the local geologic soils and conditions. At present, there is insufficient data to predict accurately the expected ground motions at various locations in Butte County. However, strong seismic ground shaking is closely related to the proximity of active fault lines. Although there is insufficient data to predict these forces, the closest mapped Fault -Rupture Zone is the Cleveland Hills fault line, which is located approximately 35 miles to the southeast. The Cleveland Hills fault line is the only fault line in Butte County that is recognized -under the Alquist-Priolo Special Study Zones Act to pose a threat from fault rupture. The Cleveland Hills Fault is located approximately 9.8 miles to the south. The Big Bend Fault, with activity unknown, is located approximately 6.8 miles to the south. 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 ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Biegler/Schwartz UP 04-13 ■ Page 9 of 23■ Project Name: Biegler & Schwartz Use Permit, UP 04-13 anywhere in Butte County. There is no current evidence that an earthquake larger than magnitude 6.5 would occur at this location. Earthquakes at this magnitude are generally felt by all persons, but damage is generally slight to minor, with fallen chimneys and cracked plaster the most prominent damage. Richter magnitude 6.5 is not subjectively characterized on the intensity scale, but a' magnitude 7 is generally characterized by negligible damage, especially in buildings of good design and construction. Considerable damage can occur in poorly built or badly designed structures. a.3. ' The Butte County Seismic Safety Element's Liquefaction Potential Map indicates that the site has a generally low potential for liquefaction. No impact is anticipated. a.4. The Subsidence and Landslide Potential Map of the Safety Element of the Butte County General Plan indicates that there is low to moderate potential for landslides in this area. The parcel is generally level, so the potential for landslides unlikely. b. The Erosion Potential Map of the Safety Element of the Butte County General Plan indicates that erosion potential of this site is slight. No impacts are anticipated C. No impact is anticipated from instability, landslide, lateral spreading, subsidence, liquefaction or collapse. d. The Conservation Element's Expansive Soils Map indicates that the project site has a moderate expansive soil designation. The Building Division may require that the foundations of future dwellings and office building on the site be designed and constructed to handle the shrink/swell characteristics of expansive soils. Standard grading and foundation design would _reduce any potential impacts. No impact is anticipated e. The project was reviewed by the Butte County Environmental Health Division. The Environmental Health Division reports that the applicant has completed necessary soil tests needed to determine compliance with the on-site sewage disposal regulations contained under Butte. County Code Section 19-21. The Environmental Health Division also requests that the proposed development receive a.public water supply. Mitigation: None required 4.7 HAZARDS AND HAZARDOUS MATERIALS: Would the proposal: Potentially Less Than Significant Less Than RevieweJ Significant with Significant No Impact Under Previous Impact Mitigation Impact Document Incorporated a. Create a significant hazard to the public or the environmental through the routine transport use, or disposal ✓ of hazardous materials? b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into ✓ the environment? c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- ✓ uarter mile of an existing or j2roposed schools? A Be located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Biegler/Schwartz UP 04-13 ■ Page 10 of 23■ Project Name: Biegler & Schwartz Use Permit, UP 04-13 Would the proposal: Potentially Less Than Significant Less Than Rev ewed Significant with Significant No Impact Ur,der Previous Impact Mitigation Impact Docement Incorporated e. For a project located within an airport land use plan or, F ✓ where such a plan has not been adopted, within two miles of a public airport or public use airport; would the project result in a safety hazard for people residing or working in the project area? L For a project within the vicinity of a private airstrip, would ✓ the project result in a safety hazard for people residing or working in the project area? g Impair implementation of or physically interfere with an ✓ adopted emergency response plan or emergency evacuation plan? h. Expose people or structures to a significant risk or loss, ✓ injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with willdlands? Impact Discussion: a. - g. The project does not propose to store, transport or utilize any hazardous materials. The project would neither interfere with any airport or emergency response plan or is located on a site that is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. h. The site is located in an area identified as having a high fire hazard pursuant to the Natural Fire Hazard Fire Classes . Map of the Safety Element of the Butte County General Plan. The Butte County Fire Department/California Department of Forestry (CDF) is recommending compliance with the latest California Fire Safe Regulations (Public Resources Code Section 4290). A pressurized community water system for fire protection is also required by CDF. These requirements and other recommendations taken from the Fire Safe Regulations are set forth in the mitigation measure shown below. ,Mitigation Measure # 3 Butte County Fire/California Department of Forestry Requirements: (a) Construction, installation or development of structures or facilities within this development shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulation in effect at the time of application for improvement permits. (b) Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. (c) A pressurized community water system for fire protection is required. The specific locations and fire flow requirements shall be in accordance with the Fire Department specifications and to the satisfaction of the County Fire Warden. Average required hydrant spacing shall be 500 feet, hydrant size shall be 6 inches, and residual fire flow shall be 1,000 gallons per minute. Submit plans to the Fire Department for review and approval prior to construction of facilities. Plan Requirements: The mitigation shall be.placed on the Use Permit and shown on all building plans. Timing: This Mitigation shall be implemented at the time of site construction and prior to issuance of final building permits. . ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Biegler/Schwartz UP 04-13 ■ Page 11 of 23 ■ Project Name: Biegler & Schwartz Use Permit, UP 04-13 Monitoring: The Butte County Fire/Califomia Department of Forestry shall ensure compliance with the requirements of this mitigation. . 4.8 HYDROLOGY AND WATER QUALITY: Would the proposal: Potentially Less Than Significant " Less Than Reviewed Significant with Significant No Impact rde r Previous Impact Mitigation Impact Document Incorporated a. Violate any water quality standards or waste discharge ✓ requirements? b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of ✓ preexisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a ✓ stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount , ✓ of surface runoff in a manner which would result in flooding on- or off-site? e. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage ✓ systems or provide substantial additional sources of polluted runoff? L Otherwise substantially degrade water quality? ✓ g Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood ✓ Insurance Rate Map or other flood hazard delineation map? h. Place within a 100 -year flood hazard area structures which ✓ would impede or redirect flood flows? L Expose people or structures to a significant risk or loss, injury, or death involving flooding, including flooding as a ✓ result of the failure of a levee or dam? j: Inundation by seiche, tsunami, or mudflow? ✓ Impact Discussion: a. The project does not involve water discharges and would not violate any water quality standards or warrant any waste discharge requirements. b. The project does not propose to use groundwater and would be supplied with a domestic water source by a local water service provider. C.- f. The project site has no identified waterways or drainage ways. The parcel is relatively flat and no change to drainage flow is anticipated. Increase in run-off will be addressed at the time building permits are applied for. The Department of Public Works requires that, prior to issuance of building permits, a drainage plan be submitted to be approved by the Department of Public Works. The drainage plan shall specify how drainage waters shall be detained on site or conveyed to the nearest natural or publicly maintained drainage ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Biegl&/Schwartz UP 04-13 ■ Page 12 of 23■ t Project Name: Biegler & Schwartz Use Permit, UP 04-13 channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. , g. -h. The project is not located within a floodplain (Flood Insurance Rate Map panel # 06007CO400 C, dated June 8, 1998) or dam inundation area. No impact shall be incurred. , The property is not located in an area prone to seiche, tsunami, or mudflow. No ;imp act is anticipated with respect to these natural hazards. Mitigation: None required 4.9 LAND USE: Impact Discussion: a. The proposed single family dwelling development on each parcel is conditionally permitted within the applicable C -C (Community Commercial) Zone. The adjacent properties are a mixture of commercial uses, single family dwellings, multi -family dwellings and vacant parcels, and therefore would not divide any established community. Commercial uses in the area include a self storage facility, auto repair and a market. b. The proposed uses would not conflict with any current land use plans or regulations. The C -C zone allows residential use as accessory to a commercial use, or by use perinit without the commercial use. There are no required setbacks requirements in the C -C zone for residential uses. In the Light Commercial (C-1) and Heavy Commercial (C-2) residential dwelling setbacks refer to Butte County Code 24-75 for side and rear setbacks. Minimum requirements shall be 5 feet from the side and rear property. C. The properly is not within a habitat conservation plan or natural community conservation plan. No impact would be incurred. Mitigation: None required 4.10 MINERAL RESOURCES: Less Than Reviewed Would the proposal: Potentially Significant Significant with Less Than Significant No Unc.er Impact Mitigation Impact Impact Prev_ous Incorporated Document a. Physically divide an established community? ✓ b. Conflict with an applicable land use plan, policy, or ✓ regulations of an agency with jurisdiction over the project (including, but not limited to, the general plan, specific ✓ plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c. Conflict with any applicable habitat conservation plan or ✓ natural community conservationplan? - Impact Discussion: a. The proposed single family dwelling development on each parcel is conditionally permitted within the applicable C -C (Community Commercial) Zone. The adjacent properties are a mixture of commercial uses, single family dwellings, multi -family dwellings and vacant parcels, and therefore would not divide any established community. Commercial uses in the area include a self storage facility, auto repair and a market. b. The proposed uses would not conflict with any current land use plans or regulations. The C -C zone allows residential use as accessory to a commercial use, or by use perinit without the commercial use. There are no required setbacks requirements in the C -C zone for residential uses. In the Light Commercial (C-1) and Heavy Commercial (C-2) residential dwelling setbacks refer to Butte County Code 24-75 for side and rear setbacks. Minimum requirements shall be 5 feet from the side and rear property. C. The properly is not within a habitat conservation plan or natural community conservation plan. No impact would be incurred. Mitigation: None required 4.10 MINERAL RESOURCES: ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Biegler/Schwartz UP 04-13 ■ Page 13 of 23■ Less Than Reviewec Would the proposal: Potentially Significant Significant with Less Than Significant No Under Impact Mitigation Impact Impact Previous Incorporated Documen� a. Result in the loss of availability of a known mineral resource that would be of value to the region and the ✓ residents of the state? ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Biegler/Schwartz UP 04-13 ■ Page 13 of 23■ • Project Name: Biegler & Schwartz Use Permit, UP 04-13 • Impact Discussion: The property is not considered a viable mineral resource, nor is it considered a locally -important mineral resource by local plans. No impact is anticipated. Mitigation: None required 4.11 NOISE: Would the proposal: Potentially Significant Less Than Less Than Significant No Rev ewed Would the proposal: Potentially Significant Significant with Less Than Significant No Under Impact Mitigation Impact Impact Previous a. Exposure of persons to or generation of noise levels in Incorporated Document b. Result ' the loss of availability of a locally -important ✓ mineral resource recovery site delineated on a local general ✓ plan, specific plan, or other land useplan? ✓ Impact Discussion: The property is not considered a viable mineral resource, nor is it considered a locally -important mineral resource by local plans. No impact is anticipated. Mitigation: None required 4.11 NOISE: Would the proposal: Potentially Significant Less Than Significant with Less Than Significant No Reviewed Under Impact Mitigation Impact Impact Previous Doc ment Incorporated a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or ✓ noise ordinance, or applicable standards of other agencies? b. Exposure of persons to or generation of excessive ground ✓ borne vibration or ground borne noise levels? c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the ✓ project? d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing ✓ without theproject? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project ✓ expose people residing or working in the project area to excessive noise levels? L For a project within the vicinity of a private airstrip, would the project expose people residing or working in the ✓ project area to excessive noise levels? Impact Discussion: a. - d. The project site is located away from customary sources of significant noise in an area of commercial and residential uses and vacant land. Ambient noise on and around the project area is affected primarily by the commercial uses and vehicle traffic on Skyway. Construction activities on the site would temporarily generate high noise levels on and adjacent to the project site intermittently during project development activities. This construction noise, especially grading equipment, would not have a significant impact on nearby land because the noise would be intermittent and short-term in nature. Because of the relatively small increment of traffic added to the local roadways, the project would not significantly affect future traffic noise levels. The majority of the uses allowed in the CC zone will not be detrimental or obnoxious to the neighborhood in which they are to be located. Other uses in the C -C zone could generate noise levels that may not be appropriate for a residential use such as the one proposed. These uses would include service stations, auto ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Biegler/Schwartz UP 04-13 ■ Page 14 of 23■ • Project Name: Biegler & Schwartz Use Permit, UP 04-13 • lubrication facilities, and carwash facilities. It should be noted that Butte County Code Section 24-150 (12) requires the construction of Zone Walls when a commercial use adjoins a residential use. The parcel to the east of the project site is developed with a commercial activity. This parcel should be isolated by a sound wall from the applicant's site. If any commercial use is developed adjacent to this residential development a sound -deadening wall would be required to be constructed 6 to 8 feet in height along any exterior boundary line. The proposal would not expose people to severe noise levels because no significant noise generators are near the project site. e. - f. The project is not located in the vicinity of an airstrip or within an airport land use plan. No impact shall be incurred. Mitigation Measure # 4: Install and maintain a sound -deadening wall (such as slumpstone) of six (6) to eight (8) feet in height for a distance of 85 feet from the rear property line along the exterior boundary which is a common property line to an existing or future commercial use. The sound -deadening wall shall also run the full length of the rear property line. Plan Requirements: The condition shall be placed on the Use Permit. All requirements shall be shown on building plans. Timing: This measure shall be implemented prior to final approval of a building permit. Monitoring: The Butte County Department of Development Services shall inspect and confirm that all necessary walls are built. 4.12 HOUSING: Impact Discussion: Butte County population has grown at a rate at or below official population projections for the past 10 years. Projected population for 2000 was 207,159, while the actual census population was 203,171. The growth rate for Butte County between the 1990 and 2000 was 11.6%, or 1.16% per year. The proposed Use Permit would create two residential dwellings. This project has the potential to add an estimated 5 people to Butte County (two units x 2.414 persons/unit — assuming all occupants are new residents to Butte County). This is not considered a significant amount and is, consistent with the estimated 2% annual growth rate for the County. The project would not significantly affect the population of the area because the proposed density is consistent with the surrounding area. The project would not displace individuals or housing. No impact would occur. Mitigation: None required ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Biegler/Schwartz UP 04-13 ■ Page 15 of 23■ Less Than Reviewed Would the proposal: Potentially Significant Significant with Less Than Significant No Under Impact Mitigation Impact Impact Previjus Incorporated Docurment a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and ✓ businesses) or indirectly (for example, through extension of roads or other infrastructure? b. Displace substantial numbers of existing housing, necessitating the construction of replacement housing ✓ elsewhere? c. Displace substantial numbers of people, necessitating the ✓ construction of replacement housing elsewhere? Impact Discussion: Butte County population has grown at a rate at or below official population projections for the past 10 years. Projected population for 2000 was 207,159, while the actual census population was 203,171. The growth rate for Butte County between the 1990 and 2000 was 11.6%, or 1.16% per year. The proposed Use Permit would create two residential dwellings. This project has the potential to add an estimated 5 people to Butte County (two units x 2.414 persons/unit — assuming all occupants are new residents to Butte County). This is not considered a significant amount and is, consistent with the estimated 2% annual growth rate for the County. The project would not significantly affect the population of the area because the proposed density is consistent with the surrounding area. The project would not displace individuals or housing. No impact would occur. Mitigation: None required ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Biegler/Schwartz UP 04-13 ■ Page 15 of 23■ • Project Name: Biegler & Schwartz Use Permit, UP 04-13 4.13 PUBLIC SERVICES: i Impact Discussion: a. Since the project is only creating only two additional residential dwellings no impact is anticipated in relation to these public service concerns. b. . The Butte County Fire Department/California Department of Forestry (CDF) indicates that cumulative development in rural areas will impact their ability to provide fire protection services. The closest fire stations are, Butte County Fire Center Station 17, which is located approximately 2.2 miles.to the northeast, and the Upper Ridge Station No. 33, located approximately 1.6 miles to the south. The additional residential development will cause an incremental increase in demand for fire protection services. But since the development is more of an infill in a commercial/residential area, a less than significant impact is anticipated. A community pressurized water system is required by California Department of Forestry/Butte County Fire Department. Section 4.7, Hazards and Hazardous Materials includes a mitigation addressing the requirements of a community pressurized water system. C. The proposal would cause an incremental increase in demand for police protection services. The cumulative impacts of increased development in rural areas impacts the ability of the Sheriffs Department to adequately provide police services to outlying areas. As a condition of project approval, the applicant would be required to submit a development impact fee for Sheriffs facilities shall be paid pursuant to the provisions of Chapter 3, Article II of the Butte County Code, prior'to issuance of building permits. The fee amount would be determined and calculated as of the date of application for the building permit. d. The proposal would result in an incremental demand for school facilities in the area. A condition of the Use Permit would include the following notation: "A development impact fee for school facilities shall be paid prior to issuance of building permits. The fee amount would be determined and calculated as of the date of application for the building permits." While the school district maintains that these fees do not fully mitigate the impacts of the project, the County is precluded from imposing additional fees by the State . . Legislature. e. The project's contribution of two additional residential units is not considered significant enough to cause impacts to area parks and facilities. f. No impact is anticipated to any other public services. Mitigation: None required ■ Butte County Department of Development Services ■ - ■ Planning Division ■ Initial Study — Biegler/Schwartz UP 04-13 ■ Page 16 of 23■ Less Than Reviewed Would the proposal: Potentially Significant Significant with Less Than Significant No Under Impact Mitigation { Impact Impact p Pr:vious Incorporated Document a. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which ✓ could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services? b. Fire protection? • V/ c. Police Protection? V/ d. Schools? V/ e.. Parks? f. Other public services? ✓ Impact Discussion: a. Since the project is only creating only two additional residential dwellings no impact is anticipated in relation to these public service concerns. b. . The Butte County Fire Department/California Department of Forestry (CDF) indicates that cumulative development in rural areas will impact their ability to provide fire protection services. The closest fire stations are, Butte County Fire Center Station 17, which is located approximately 2.2 miles.to the northeast, and the Upper Ridge Station No. 33, located approximately 1.6 miles to the south. The additional residential development will cause an incremental increase in demand for fire protection services. But since the development is more of an infill in a commercial/residential area, a less than significant impact is anticipated. A community pressurized water system is required by California Department of Forestry/Butte County Fire Department. Section 4.7, Hazards and Hazardous Materials includes a mitigation addressing the requirements of a community pressurized water system. C. The proposal would cause an incremental increase in demand for police protection services. The cumulative impacts of increased development in rural areas impacts the ability of the Sheriffs Department to adequately provide police services to outlying areas. As a condition of project approval, the applicant would be required to submit a development impact fee for Sheriffs facilities shall be paid pursuant to the provisions of Chapter 3, Article II of the Butte County Code, prior'to issuance of building permits. The fee amount would be determined and calculated as of the date of application for the building permit. d. The proposal would result in an incremental demand for school facilities in the area. A condition of the Use Permit would include the following notation: "A development impact fee for school facilities shall be paid prior to issuance of building permits. The fee amount would be determined and calculated as of the date of application for the building permits." While the school district maintains that these fees do not fully mitigate the impacts of the project, the County is precluded from imposing additional fees by the State . . Legislature. e. The project's contribution of two additional residential units is not considered significant enough to cause impacts to area parks and facilities. f. No impact is anticipated to any other public services. Mitigation: None required ■ Butte County Department of Development Services ■ - ■ Planning Division ■ Initial Study — Biegler/Schwartz UP 04-13 ■ Page 16 of 23■ Project Name: Biegler & Sch• Use Permit, UP 04-13 • 4.14 RECREATION: Impact Discussion: The project's contribution of two additional residential dwellings is not considered significant enough to cause impacts to area parks and facilities. The proposal does not include the development of any new recreation facilities. A less than significant impact is anticipated. Mitigation: None required 4.15 TRANSPORTATION/TRAFFIC: . ' Potentially Less Than Less Than No Re-iewed Would the proposal: Potentially Significant Significant with Less Than Significant No Under ' Impact Mitigation Impact Impact Previous Incorporated Document a. Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial ✓ physical deterioration of the facility would occur or be ✓ accelerated? b. Include recreational facilities or require the construction or expansion of recreational facilities which might have an ✓ adverse physical effect on the environment? ✓ Impact Discussion: The project's contribution of two additional residential dwellings is not considered significant enough to cause impacts to area parks and facilities. The proposal does not include the development of any new recreation facilities. A less than significant impact is anticipated. Mitigation: None required 4.15 TRANSPORTATION/TRAFFIC: . ' Potentially Less Than Significant Less Than No Reviewed Under Would the proposal: Significant with Significant Impact Previous ' Impact Mitigation Impact Document Incor orated a. Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of ✓ vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b. Exceed, either individually or cumulatively, a level of service standard established by the county congestion ✓ management agency for designated roads or highways? c. Result in a change in air traffic patters, including either an increase in traffic levels or a change in location that results ✓ in substantial safety risks? d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible ✓ . uses e.g., farm equipment)? , e. Result in inadequate emergency access? ✓ L Result in inadequate parking capacity? ✓ g Conflict with accepted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, ✓ bicycle racks)? Impact Discussion: The proposed Use Permit would allow for construction of two residential dwellings. The residential development has the potential to generate approximately 19 additional traffic trips per -day based upon the 9.55 vehicle trips/day per dwelling unit as projected by the Trip Generation Manual of the Institute of Traffic Engineers for single family ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Biegler/Schwartz UP 04-13 ■ Page 17 of 23■ Project Name: Biegler & Schwartz Use Permit, UP 04-13 dwellings. The proposed 20 additional trips to Hollywood Road and Skyway will add a less than significant amount of additional traffic to the area. ' The Town of Paradise is concerned with the cumulative traffic impacts that this type and similar types of land use development are generating. They are recommending adequate growth control management policies and mechanisms for improving traffic circulation in the area. The increase in vehicle traffic generated by the project would be minor and would not cause any significant impacts to vehicle circulation in the area. Butte County Code Section 24-240 (b) requires two off-street spaces per dwelling. The proposed development has adequate room to provide two spaces each; therefore, the project results in no impact resulting from insufficient parking capacity. The Butte County Public Works Department requires that prior to the issuance of Building Permits and encroachment permit be obtained for all new or existing driveway approaches on Hollywood Road, and construct them to County Standards. This requirement would be a condition of the Use Permit. This Use Permit would not conflict with accepted policies, plans or programs supporting alternative transportation. Mitigation: None required 4.16 UTILITIES AND SERVICE SYSTEMS: Impact Discussion: - The proposed project would include individual septic systems for sewer service but would be provided with water service from the Del Oro Water Company. Thus, the project would not have a significant impact on any wastewater or water treatment facilities. ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Biegler/Schwartz UP 04-13 ■ Page 18 of 23■ Less Than Reviewed Would the'proposal: Potentially Significant Significant with Less ThanNo Significant Uncer cer Impact Mitigation Impact Impact Pre vbous Document Incorporated a. Exceed wastewater treatment requirements of the ✓ applicable Regional Water Quality Control Board? b. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing ✓ facilities, the construction of which could cause significant environmental effects? c. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the ✓ construction of which could cause significant environmental effects? d. Have sufficient water supplies available to serve the project from existing entitlements and resources, or are. ✓ new or expanded entitlements needed? e, Result in a determination by the wastewater treatment provider which serves or may serve the project that it has ✓ adequate capacity to serve the project's projected demand in addition to theprovider's existing commitments? f. Be served by a landfill with sufficient permitted capacity ✓ to accommodate theproject's solid waste disposal needs? g. Comply with federal, state, and local statutes, and ✓ regulations related to solid waste? Impact Discussion: - The proposed project would include individual septic systems for sewer service but would be provided with water service from the Del Oro Water Company. Thus, the project would not have a significant impact on any wastewater or water treatment facilities. ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Biegler/Schwartz UP 04-13 ■ Page 18 of 23■ Project Name: Biegler & Schwartz Use Permit, UP 04-13 Some off-site storm water drainage improvements may be required due to development of the project site. No significant environmental impacts are anticipated because any improvements do not appear to be extensive. The Butte County Public Works Department would determine the need for on and off-site storm water facilities and would ensure the necessary improvements are installed.. The project would increase the stream of waste being deposited in the Neal Road Landfill by a minor amount. According to the Butte County Public Works Department, the Neal Road Landfill is expected to reach maximum holding capacity by the year 2018. The project is required to comply with the mitigation measures specified below, which would reduce the impacts on solid waste facilities in the region and provide for the long term maintenance of other facilities. No impact would occur with respect to federal, state, and local statutes and regulations related to solid waste with the incorporation of mitigation measures specified below. Mitigation: None required 4.17 MANDATORY FINDINGS OF SIGNIFICANCE (Section 15065): Would the proposal: Potentially Significant Less Than Significant with Less Than Significant No RUnlerd i Impact Previous Impact Mitigation Impact Docu Hent 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 the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are ✓ considerable when viewed in connection with the effects of past projects, the effects of other current projects and the effects of probable future projects)? c. Does the project have environmental effects which will cause substantial adverse effects on human beings, either ✓ directly or indirectly? - Impact Discussion: The project does not have the potential to substantially degrade the quality of the environment beyond the impacts discussed in the previous sections of this Initial Study. The project has the potential to contribute impacts that are individually limited, but cumulatively considerable with respect to Initial Study Checklist Items 4.3 - Air Quality; 4.5 — Cultural Resources; 4.7 — Hazardous and Hazardous Materials; and 4.11 - Noise. Cumulative impacts to these areas would be mitigated due to the inclusion of mitigation measures specified throughout this document and summarized in the next section. ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Biegler/Schwartz UP 04-13 ■ Page 19 of 23■ Project Name: Biegler & Schwartz Use Permit, UP 04-13 5.0 MITIGATION MEASURES AND MONITORING REQUIREMENTS: Mitigation Measure # 1 The Use Permit shall include the following condition: "Measures shall be taken to control fugitive dust emissions from all driveways and other civil construction associated with development. All disturbed areas, including driveways, shall be treated with water and/or other acceptable soil palliatives during and after construction to minimize the creation of dust and to protect air quality in the surrounding area. The treatment shall be maintained until ground surfaces are stabilized with vegetation or pavement. Plan Requirements: The conditions shall be placed on the Use Permit. All requirements shall be shown on building plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Planning Division and the Public Works Department shall ensure that the conditions are placed on the Use Permit. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. Mitigation Measure # 2: Should grading activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains. Plan Requirements: The condition shall be placed on the Use Permit. All requirements shall be shown on building plans. Timing: This measure shall be implemented during site preparation and construction. Monitoring: Should cultural resources be discovered, the Planning Division shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. Mitigation Measure # 3 Butte County Fire/California Department of Forestry Requirements: (a) Construction, installation or development of structures or facilities within this development shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulation in effect at the time of application for improvement permits. (b) Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. (c) A pressurized community water system for fire protection is required. The specific locations and fire flow requirements shall be in accordance with the Fire Department specifications and to the satisfaction of the County Fire Warden. Average required hydrant spacing shall be 500 feet, hydrant size shall be 6 inches, and residual fire flow shall be 1,000 gallons per minute. Submit plans to the Fire Department for review and approval prior to construction of facilities. ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Biegler/Schwartz UP 04-13 ■ Page 20 of 23■ Project Name: Biegler & Schwartz Use Permit, UP 04-13 ' •Plan Requirements: The mitigation shall be placed on the Use Permit and shown on all building plans. ' Timing: This Mitigation shall be implemented at the time of site construction and prior to issuance of final building permits. Monitoring: The Butte County Fire/California Department of Forestry shall ensure compliance with the requirements of this mitigation Mitigation Measure # 4: ' Install and maintain a sound -deadening wall (such as slumpstone) of six (6) to eight (8) feet in height for a distance of 85 feet from the rear property line along the exterior boundary which is a common property line to an existing or future commercial use. The sound -deadening wall shall also run the full length of the rear property line. Plan Requirements: The condition shall be placed on the Use Permit. All requirements shall be shown on building plans. Timing: This measure shall be implemented prior to final approval of a building permit. Monitoring: The Butte County Department of Development Services shall inspect and confirm that all necessary walls are built. T s . r ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Biegler/Schwartz UP 04-13 ■ Page 21 of 23■ G Project Name: Biegler & Schwartz Use Permit, UP 04-13 6.0 ENVIRONMENTAL REFERENCE MATERIAL: , 1. Butte County Planning Department. Earthquake and Fault Activity Map 11-1, Seismic Safety Element: Oroville, CA: CH2M Hill, 1977. 2. Butte County Planning Department. Liquefaction Potential Map 11-2, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 3. Butte County Planning Department. Subsidence and Landslide Potential Map 111-1, Safety Element. Oroville, CA CH2M Hill, 1977. 4. Butte County Planning Department. Erosion Potential Map 111-2, Safety Element. Oroville, CA: CH2M Hill, 1977. 5. Butte County Planning Department.- Expansive Soils Map 111-3, Safety Element. Oroville, CA: CH2M Hill, 1977. 6. Butte County Planning Department. Noise Element Map IV -1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 7. Butte County Planning Department. Scenic Highways Map V-1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. .8. Butte County Planning Department. Natural Fire Hazard Classes Man 111-4, Safety Element. Oroville, CA: C112M 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. , 11. Northwestern District Department of Water Resources. Chico Nitrate Study'Map, Nitrate Concentration in Shallow Wells. The Resources Agency, State of California, 1983. 12. Butte County Board of Supervisors. Agricultural Preserves Map, established by Resolution No. 67-178. Oroville, CA:- Butte County Planning Department, 1987. 13. National Flood Insurance Program. Flood Insurance Rate Mans. Federal Emergency Management Agency. 1989. 14. USGS Quad Maps. 15. Soil Map, Chico (1925)/Oroville (1926) Area. United States Department of Agriculture. 16. Soil Survey of Chico (1925)/Oroville (1926) Area. United States Department of Agriculture. 17. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Map. Butte County Fire Department and California Department of Forestry, 1989. . 18. California Department of Fish and Game, Website. Habitat Planning Conservation Branch. California Plants and Animals. Threatened and Endangered Species. May 11, 2004 (updated). 19. US Fish & Wildlife Service, Website. _Species Information: Threatened and Endangered Animals and Plants. 7.0 CONSULTED AGENCIES: [ x ] Environmental Health [ ] BCAG [ x ] Air Quality Management [ ] City of Gridley [ ] CA Department of Forestry [ ] Department of Conservation [ ] Army Corps of Engineers [ x ] Del Oro Water Co. [ x ] Public Works [ ] ALUC ] City of Chico [ ] City of Oroville [ ] CalTrans (Traffic) [ x ] Dept. of Fish and Game [ x ] PG&E [ x ] Assessor [ x ] Building Manager [x] LAFCo [ ] City of Biggs [ x ] Town of Paradise [ ] Central Reg. Water Quality [ ] Highway Patrol [ ] US Fish & Wldlife Service [ x ] Paradise Parks & Rec ■ Butte County Department of Development Services ■ ■ Planning Division i Initial Study - Biegler/Schwartz UP 04-13 ■ Page 22 of 23■ Project Name: Biegler & Schwartz Use Permit, UP 04-13 8.0 PROJECT SPONSORS INCORPORATION OF MITIGATION INTO PROPOSED PROJECT: I have reviewed the Initial Study for the Larry Biegler & Wallace Schwarts Use Permit APN: 065-460-019 & 065-460-020, Planning Division File #UP 04-13 and particularly the mitigation measures identified herein. I hereby modify the application on file with the Butte County Planning Department to include and incorporate all mitigations set forth in this Initial Study. Applicant Applicant K:\PROJECTS\UPC\BIEGLER-SCHWARTZ\IS-MND FRJAL.DOC Date Date ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Biegler/Schwartz UP 04-13 ■ Page 23 of 23■ Page 1 of 1 Michelena, Mark From: Michelena, Mark Sent: Monday, November 22, 2004 1:22 PM To: Reeves, Marion Subject: Biegler & Schwartz Appeal Marion, I received the appeal letter and wifl begin preparing the Board report. Unfortunately, there is no way to have everything ready for the December hearing. We will need to schedule the appeal for January. I will anticipate the item to go on the first hearing in January, unless I hear from you. Thank you. Mark Michelena 11/22/2'004 r Butte County Department ofDevelopmentServices PLANNING DIVISION 7 County Center Drive Oroville, CA 95965 (530) 538.7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * GIS * PLANNING November 19, 2004 Larry Biegler and Wallace Schwartz P. O. Box 1415 Chico, CA 95927 Re: Use Permit, UP 04-13, APN: 065-460-019, 020 Dear Mr. Biegler and Mr. Schwartz: At the regular meeting of the Butte County Planning Commission held a meeting on November 0, 2004, your request for a Use Permit to establish one single family dwelling on each parcel on property zoned C-C(Community Commercial) and located on the north side of Hollywood Road, approximately 400 feet east of Skyway, Magalia, was: denied. Should you desire to appeal this decision you must do so, in writing, prior to 5:00 p.m., Monday, November 29, 2004 to the: Clerk of the Board of Supervisors 25 County Center Drive Oroville, California 95965 The appeal fee of $50.00 must be paid at that time. If you do not appeal, and there are no othef appeals within the 10 calendar -day appeal period, the action of the Planning Commission is final. Should you have any questions regarding this matter, please contact Mark Michelena at 538-7376between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Services Support Assistant Ar cc: Land Development Environmental Health CDF Building Division kAletters\merge IetterADENUL.dot r Paradise Post Declaration of Publication State of California County of Butte Declarant Says: That at all times herein mentioned Declarant is and was a resident of said county of Butte over the age of twenty-one years; not a part to nor interested in the within matter; that Declarant is now and was at all times herein mentioned the Legal Clerk of the Paradise Post, a tri -weekly newspaper, which said newspaper was' adjudged a newspaper of general circulation on November 12, 1946, by Superior Court Order No. 22262 as entered in Book 30 Page 223 of said Court; and that said newspaper is printed and published every Tuesday, Thursday and Saturday in Paradise in said County of Butte; and that the Public Notice 40 esu rE COUN •Y PLANNING COMMISS _NOTICE OF PUBLIC HEARING AND NOTICE'OF INTENT 70'AD OPT A MITIGATED' EGATIVE' t "< DECLARATION j""' Notice is hereb y hat a public.heanng will be held o BNovembe oun� 8,Planning 2004 att 9 Ca0 a rr- nt he Butte County : Board of Supervisors Room County A m- irnstration Center, 25 County Center Dnve Orowlle,'Califorrna <rega dirig sfte fol- lowmg item .?,�� �� r •,�,E In accordance with the Calif&riia!Environmenial Quality Act (t Q ) an Irntial Study has been prepared for the f0llowing projec(.` Therefore, County of Butte it Planning. Division staff ;is recommendm a• alive Bieglar/ Wallace ; Declaration,, � - i, F t ; n iinb Miti g Iatdrd •Neg MITIGATED NEGATIVE a)ECLARATIORN/11SE PERM Td ,Larry Siegler and;WallaceSchwartz Use Permit to,'61101 one single. Legal # 678-04 (family dwelling on,,each parcel in;a,'C-C (Commurnty.;�ome singll). Of which the copy annexed on the margin hereof is a true ,, zone_ ,TFie'property_is'1ocated on the north side of�ni ljwood Road, . approximately 400 feet east of Skyway; `Magalialj APN b6546G-619 printed copy, was published in said newspaper in the issues of. , and 065-460 020',(MM) (UP 04'13 If you challen a )' 'R` November 6, 2004 g either the.Mitig`ated Negative Declaraho� or the; lJse and that such publications was made in the regular issues of Permit in court, you maybe limited.to raising only those issues ja•u or. P 9 someone else raised at the public'hearing described in, this `notic•:,'dr said paper (and not in any supplemental edition or extra ~prio foet:corre lc heael�ce.delivered fo the. Planning a-, dr thereof). For furthe he pf 9 ' I declare under penalty of perjury correct. Executed on November 6, 2gG4 r, rn ormation regarding this project, .please ntact Nark Michelena, project planner, at the' Butte County Plarinini Division at that the foregoing is true and (530):538-7376. 'Y VdNNE*; CHRISTOPHER, :DIRE OF DEVELOPMENT.', SER,- f.. 1111 Nov. 6, 2004 678-04- Declarant 78-04 Declarant .. Butte County Department of Development Services YVONNE CHRISTOPHER, DIRECTOR 7 County Center Drive , Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION.- BUILDING * GIS * PLANNING November 4, 2004 Tony Vogel P.O. Box 618 Magalia, CA 95954 - Re: Planning Commission Hearing for Use Permit 04-13; APN 071-160-030. Dear Mr. Vogel, Thank you for inquiry into the Use Permit for Larry Biegler and Wallace Schwartz. The requirement of access to the two project parcels is required by the approved Paradise Pines Commercial Park Subdivision. I have enclosed copies of the subdivision map and highlighted the relevant information. As I stated in our conversation, the applicant could request for individual access to the parcels, but that would need to be granted by the Board of Supervisors. You may attend the hearing and discuss your issues, or you may submit a letter that can be delivered as part of the package for the Planning Commissioners. The deadline to get the information in the packet prior to the hearing will be Tuesday, November 9, 2004. You can fax it to (530) 538-7785. If it arrives after that date, it will be handed out at the hearing. Please contact me at (530) 538-7376 if you have any questions. Sincerely, G J Awl, Mark Michelena Associate Planner Enc. ZA T HES7-E.i /2 RU.iM3 r ---k 9;: w / ar ro Beal ✓HYlP!!'! I Sa.Jo' d W 5 4.ae t c N W h h N i e LOT.! /7.OGl ' NI'S ' °. 30 �F� a ' v�m 1128 g27 g� g25 y24e 29� �`j�'�3/cc $ 0 I ..is -m � o u.f4Oi:32 I I s krr 8m ._{-- /ealr •.•--J %^ REN'"'YdcO TOf2` "a3 ' 'ate- 93 18 1jsm'fuc .47 'I I ae se evxa Ss w' r I I t dl E 3,4RI+sem' a sr< d Mast R m f• la 5 3 I A t _ -45 _ � I � A 3.6 aqq I 44 'sr"< t nwI 0A _— 19 / ar ro Beal ✓HYlP!!'! I Sa.Jo' d W 5 4.ae t c N W h h N i e 3 e -/6 V/C//V/TY MAP BASIS OF BEARINGS THE CENTER LINE OF WOOD DRIVE BETWEEN HOLLY DRIVE AND WOOpYIARD DRIVE SHOWN AS N 00.0< B OW ON THE REVI SED'RECORD OF SURVEY OF SHEETS 3..A AND 5 OF FIR HAVER SUBDIVISION FILED IN BOOK 27 OF NAPS AT PAGES B, 9 & 10. LEGEND CALCULATED POINT ................................................... D arr mn,"_ SET BALK LINE ........... ................ ....... �< PUBLIC UTILITY EASEMENT IP. U. E. 1... ........... DRAINAGE EASEMENT 10. E. I -- FOUND ......FOUND 2* IRON PIPE TAGGED R.G.E.. 9033... ...... ......... ........... SET CENTERLINE MONUMENT . .._...... ............ 13 SET 2 K 3 IROy PIPE TAGGED R.C.E. 9033...... ............... )j FOUND MONUh1ENT A5 SHOWN...... .. ........ .. ......... .... �, VEHICULAR ACCESS I LIMIT OF) .......................... ....�� ACCESSEASEMENT ................ .... . .......................... ALL LO'1 UUNNEKS NOT INDICATED BY IIIE AOOVE SYMBOLS TO BE MARKED BY ?,4 IRON PIN WITH TAG P..C. E. 9033 SUBDIVISION N0. �— PARADISE PINES COMMERCIAL PARK PTN. SEC. 24, T 23 N., R.3 E., MD. M. BUTTE COUNTY, CALIFORNIA SCALE, 1 100' SEPTEMBER, 1970 MURRAY B MCCORMICK INC. CIVIL ENGINEERS LAND SURVEYORS 1912 F STS SACRAMENTO, CALIFORNIA SHEET 2 OF 2 SHEETS LOT.! /7.OGl .evavev NI'S a ' v�m 0 2 h $ 0 � o d a. 8m 3 e -/6 V/C//V/TY MAP BASIS OF BEARINGS THE CENTER LINE OF WOOD DRIVE BETWEEN HOLLY DRIVE AND WOOpYIARD DRIVE SHOWN AS N 00.0< B OW ON THE REVI SED'RECORD OF SURVEY OF SHEETS 3..A AND 5 OF FIR HAVER SUBDIVISION FILED IN BOOK 27 OF NAPS AT PAGES B, 9 & 10. LEGEND CALCULATED POINT ................................................... D arr mn,"_ SET BALK LINE ........... ................ ....... �< PUBLIC UTILITY EASEMENT IP. U. E. 1... ........... DRAINAGE EASEMENT 10. E. I -- FOUND ......FOUND 2* IRON PIPE TAGGED R.G.E.. 9033... ...... ......... ........... SET CENTERLINE MONUMENT . .._...... ............ 13 SET 2 K 3 IROy PIPE TAGGED R.C.E. 9033...... ............... )j FOUND MONUh1ENT A5 SHOWN...... .. ........ .. ......... .... �, VEHICULAR ACCESS I LIMIT OF) .......................... ....�� ACCESSEASEMENT ................ .... . .......................... ALL LO'1 UUNNEKS NOT INDICATED BY IIIE AOOVE SYMBOLS TO BE MARKED BY ?,4 IRON PIN WITH TAG P..C. E. 9033 SUBDIVISION N0. �— PARADISE PINES COMMERCIAL PARK PTN. SEC. 24, T 23 N., R.3 E., MD. M. BUTTE COUNTY, CALIFORNIA SCALE, 1 100' SEPTEMBER, 1970 MURRAY B MCCORMICK INC. CIVIL ENGINEERS LAND SURVEYORS 1912 F STS SACRAMENTO, CALIFORNIA SHEET 2 OF 2 SHEETS w � h� \ i n Sq± a Qt 6C7 1 ET�-- $teaNO: • 1 t� � 67 w tAl r ! s a zci, cy"s� i rN ... .... ��� ...•"5�.1'�:. }'sf +i �C�- �._;. y; •. �'S"�i. ^'i �i".r_ ..1. !2 i'•l�_.:`I'F,n�R:�da'.yi !. , ij`3ir �O.�J .. .. ... .. .._ .: �0 �•. c:i i�rii:. ,ice A.�.'T`Y�4►' 0 • OWNER'S CERTIFICATE LARWIN DEVELOPMENTS INC., A CORPORATION AS OWNER OF THE LAND INCLUDED WITH -IN PARADISE PINES COMMERCIAL PARK .AS SHOWN W I T4-1 N THE COLORED BORDER LINE Q.14 TH-E ANNEXED MAP, AND WESTERN TITLE INSURANCE COMPANY, A CORPORATION AS TRUSTEE UNDER RECORD DEEDS -OF TRUST DO HEREBY CERTIFY -THAT WE ARE THE ONLY PERSONS WHOSE CONSENT' 15 NECESSARY TO PASS CLEAR TITLE TO SAID LAND AND WE CONSENT TO THE PREPARATION AND RECORDATION OF SAID MAP AS SHOWN WITHIN THE COLORED BORDER LINES. THOSE PORTIONS OF HOLLY ROAD, WOODWARD AVENUE, VINE ROAD AND SKYWAY AS SHOWN WITHIN THE COLORED BORDER LINES ON SAID MAP ARE HEREBY OFFERED FOR DEDICATION FOR PUBLIC USE FOR COUNTY ROAD PURPOSES, WE ALSO OFFER FOR D'ED;CATFON, AND DO HEREBY DEDICATE FOR SPECIFIC PURPOSES THE FOLLOWING: (A) RIGHTS OF WAY AND EASEMENTS FOR WATER, GAS, SEWER .AND DRAINAGE PIPES, TOGETHER WITH ANY AND A:.L APPURTENANCES APPERTAINING THERETO. ON, OVER, AND UNDER THOSE STRIPS OF LAND DESIGNATi.D PUBLIC UTILITY EASEMENT CONTIGUOUS TO THE REAR AND/OP SIDELINES OF LOTS AND OF THE WIDTHS SHOWN HEREON. (B) EASEMENTS FOR LIGHT AND AIR OVER THOSE STRIPS OF LAND LYING BETWEEN THE FRONT AND ;OR SIDEL`NFS OF LOTS AND THE LINES SHOWN HEREON AND DESIGNATED SET BACK LINE, SAID STRIPS TO BE KEPT OPEN AND FREE OF BUILDINGS, (C) RIGHTS OF WAY AND EASEMENTS FOR DRAINAGE PIPES TOGETHER WITH ANY AND ALL APPURTENANCES APPERTAINING THERETO ON, OVER, AND UNDER THOSE STRIPS OF' LAND DESIGNATED DRAINAGE EASEIOENT IN THE LOCATIONS AND OF THE WIDTHS SHOWN HEREON. (D) EASEMENTS FOR ANCHORS, GUYS. OVERHEAD AND UNDERGROUND WIRES AND CONDUITS FOR ELECTRIC AND TELEPHONE, WATER, SEWER AN.D GAS SERVICE TOGETHER WITH ANY AND All APPURTENANCES THERETO ON, OVER AND 'UNDER STRIPS OF LAND 10 FEET IN WIDTH WITHIN THE LOTS AND CONTIGUOUS TO ANY STREET OR OTHER PUBLIC lAAY TOGETHER 111 I TH THE RIGHT TO TR I NI OR REMOVE ONLY TFIF NECESSARY TREES, TREE LIMBS'OR BRUSH, (E) EASEMENTS FOR POLES, ANCHORS AND GUYS ON, OVER AND ACROSS THOSE STRIPS OF LAND LYING WITHIN 2 FEET ON BOTH SIDES OF ALL SIDE LOT LINES AND EXTENDING 35 FEET BACK FROM THE FRONT PROPERTY L;NES, (F) ACCESS TO THE LOTS WITHIN THIS SUBDIVISION IS RESTRICTED TO THE PLACES SHOWN ON THE MAP AND DESIGNATED VEHICULAR ACCESS. (G) EASEMENTS -FOR ACCESS ON AND OVER THOSE STRIPS OF LAND SHOWN ON THE MAP AND DESIGNATED ACCESS EASEMENT. LARW I N DEVELOPMENTS, F., )T'IVE 'IT—PRESID T S•('ATE OF CALIFORNIA ) SS COUNTY.OF BUTTE ) ON TH I S I`f tAY OF PUBLIC IN AND FOR THE COUNTY OF LOS E MICHAEL D. CATHCART KNOWN TO ME TO T -ANT SECRETARY, RESPECTIVELY OF WHICH EXECUTED THE FOREGOING C: WHO EXECUTED THE FOREGOING CER1 NAMED, AND ACKNOWLEDGED TO ME T Nol {DIY WESTERN TITLE INSURAN .E COMPANI STATE OF CALIFORNIA ) COUNTY OFrl'���� ) S ON THIS _.27 DAY OF� PUBLIC IN AND FOR THE COUNTY Of KNOWN TO ME TO BE THE� RESPECTIVELY OF WESTERN TITLE ' `P11'I I CH EXECUTED THE FOREGO i NG CE SONS WHO EXECUTED THE FOHEGOiN( THEREIN NAMED, AND ACKNOWLEDGE[. SAME. SURVEYOR'S CERTIFICATE i , DONALD D. MCCORMICK, DO HERI ENGINEER OF THE STATE OF CALIF( COMMERCIAL PARK CORRECTLY REPT 0 !i'':?q�a:( a r., r..;_.,.. .,•• .,t:.-i:.J ;E MY SURVEYOR'S CERTIFICATE i , DONALD D. MCCORMICK, DO HERI ENGINEER OF THE STATE OF CALIF( COMMERCIAL PARK CORRECTLY REPT . rw ' w Arnold Schwarzenegger Governor November 8, 2004 STATE OF C.ALIFORNI4 Governor's Office of Planning and Research State Clearinghouse and Planning Unit Mark Michelena Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965 Subject: Biegler and Schwartz Use Permit SCH#: •2004102023 Dear Mark Michelena: Jan Boel Acting Director BUTTE COUNTY NOV - 9 2004 DEVELOPMENT SERVICES The State Clearinghouse submitted the above named Negative Declaration to selected state. agencies for review. The review period closed on November 5, 2004, and no state agencies submitted comments by that date. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please call the State Clearinghouse at (916) 445-0613 if you have any questions regarding the environmental review process. If you have a question about the above-named project, please refer to the ten -digit -State Clearinghouse number when contacting this office. Sincerely, Teary Robert Director, State Clearinghouse 1400 TENTH STREET P.O. BOX 3044 SACRAMENTO, CALIFORNIA 95812-3044 TEL (916) 445-0613 FAX (916) 323-3018 www.opr.ca.gov tee. Document Details Report State Clearinghouse Data SCH# Project Title Lead Agency 2004102023 Biegler and Schwartz Use Permit Butte County Type Neg Negative Declaration Description A use permit to allow two single family dwellings, one on each parcel. Lead Agency Contact Name Mark Michelena Agency Butte County Phone (530) 538-7376 Fax email Highways Address Department of Development Services N/A 7 County Center Drive City Oroville State CA Zip 95965 Project Location County Butte - city Region Cross Streets Skyway / Hollywood Road Parcel No. 065-460-019, 020 Township 23N Range 3E Section 24 Base MDB&M Proximity to: Highways N/A Airports N/A Railways N/A Waterways Paradise Lake, Magalia Reservoir, M & L Butt Creeks, W. Branch Feather River Schools Pines Elementary Land Use Vacant / Community Commercial / Commercial Project Issues Air Quality; Archaeologic -Historic Reviewing Resources Agency; Regional Water Quality Control Bd., Region 5 (Redding); Department of Parks and Agencies Recreation; Native American Heritage Commission; Office of Historic Preservation; Department of Fish and Game, Region 2; Department of Water Resources; Caltrans, District.3 Date Received 10/07/2004 Start of Review 10/07/2004 End of Review 11/05/2004 Note: Blanks in data fields result from insufficient information provided by lead agency. • BUTTE COUNTY • STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Larry Biegler and Wallace Schwartz DATE: 11/20/2003 AGENT: APN: 065-460-019, 020 FILE #: UP 04-13 PLANNER: Mark Michelena PROJECT DESCRIPTION: Use Permit to establish one single family dwelling on each parcel Those items checked are conditions of approval. PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: A. STREETS ® I. Prior to the issuance of building permits, obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. ❑ 2. Prior to the issuance of building permits, deed to Butte County, in fee simple, _ feet of right-of-way from the centerline of . The right of way shall be sufficient for the installation of Standard No. S-5 at all street intersections. ❑ 3. Prior to the issuance of building permits, submit road and drainage improvement plans for the installation and construction of the 'street frontage improvements on to Standard, including but not limited to P.C.C. curb, gutter and sidewalk and the required street section for parcels with gross acreage of one acre or less. Construct or install the required improvements. ❑ 4. Prior to the issuance of building permits, dedicate a one foot "no access strip" or relinquish abutterE rights to Butte County, along the frontage of parcels , except at approved access points. B. DRAINAGE ® 1. Prior to the recordation of the issuance of building. permits, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said,channel or facility. ❑ 2. Prior to the issuance of building permits, establish 100 year floodplain elevations and the lowest floor elevations for any structures. Show on the site plan map for building permits the elevations (by contours) and the location of an accepted NVGD benchmark and a temporary benchmark on-site. C. LEGAL LOT STATUS ❑ 1. Prior to the issuance of the Use Permit, prove, to the satisfaction of the Director of Public Works, that the parcel of the subject application is a legal parcel. p� t� �v V� o cl- V ` bWn of P adise 5555 Skyway Paradise, CA 95969- 4 Butte Coun Department of Development Services PLANNING DIVISION 7 County Center Drive C(ixrn?TY Oroville, CA 95965 JUL 3=4 (530) 538-7601 Telephone (530) 538-7785 Facsimile DEVELOPMENT [ t SERVICES �- July 6, 2004 TO: Bf Paradise FROM: Mark Michelena, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Larry Biegler and Wallace Schwartz, Use Permit - UP 04-13 APN: 065-460-019, 020 r DATE OF IDR*: 7/21/2004 cc, _,: t'x *Inter -Departmental Review Committee JUL 134A IDR RESPONSE REGARDING DEVELOri,'i ,NT COMPLETENESS OF APPLICATION DUE BY: July 19, 2004 Ik SERVICES AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: August 5, 2004 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, to be determined at the Inter -Departmental Review (IDR) Committee meeting on 7/21/2004, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. REVISED PROJECT DESCRIPTION: Use Permit to establish one single family dwelling on each parcel PROJECT LOCATION: on the north side of Hollywood Road, approximately 400 feet east of Skyway, Magalia COUNTY SUPERVISOR DISTRICT NO.: 5 ZONING: C-C/WP (Community Commercial/Watershed Protection Overlay) GENERAL PLAN: C (Commercial) If a response cannot be submitted prior to the due dates listed above, please call Mark Michelena at (530) 538-7376 or send him an e-mail at mmichelena@buttecounty.net. 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 October 28, 2004, before the Planning Commission. v1DR`COMMITTEE k;APPLICATION"COMP.L;ETE ,;- ❑ No (Please send response to mmichelena@buttecounty.net+by July 19, 2004 ) ❑ Yes (Conditions/mitigation measures due by August 5, 2004) KAPIanning\Projects\CommentRequestForm. dot • esButte County Department o Development Services PLANNING DIVISION LAFCo 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile July 6, 2004 TO: LAFCo J U L 0 8 2004 orodlll®, Caldomia FROM: Mark Michelena, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Larry Biegler and Wallace Schwartz, Use Permit - UP 04-13 APN: 065-460-019, 020 DATE OF IDR*: 7/21/2004 *Inter -Departmental Review Committee IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: July 19, 2004 AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: August 5, 2004 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, to be determined at the Inter -Departmental Review (IDR) Committee meeting on 7/21/2004, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. REVISED PROJECT DESCRIPTION: Use Permit to establish one single family dwelling on each parcel PROJECT LOCATION: on the north side of Hollywood Road, approximately 400 feet east of Skyway, Magalia COUNTY SUPERVISOR DISTRICT NO.: 5 ZONING: C-C/WP (Community Commercial/Watershed Protection Overlay) GENERAL PLAN: C (Commercial) If a response cannot be submitted prior to the due dates listed above, please call Mark Michelena at (530) 538-7376 or send him an e-mail at mmichelena@buttecounty.net. 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 October 28, 2004, before the Planning Commission. IDR COMMITTEE - APPLICATION COMPLETE: No (Please send response to mmichelena@buttecounty.net by July 19, 2004 ) ❑ Yes (Conditions/mitigation measures due by August 5, 2004) KAP lanning\Projects\CommentRequestForm.dot BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Larry Biegler and Wallace Schwartz DATE: 11/20/2003 AGENT: APN: 065-460-019, 020 FILE #: UP 04-13 PLANNER: Mark Michelena PROJECT DESCRIPTION: Use Permit to establish one single family dwelling on each parcel Those items checked are conditions of approval. PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: A. STREETS ❑ 1. Prior to the issuance of building permits, obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. ❑ 2. Prior to the issuance of building permits, deed to Butte County, in fee simple,_ feet of right-of-way from the centerline of . The right of way shall be sufficient for the installation of Standard No. S-5 at all street intersections. ❑ 3. Prior to the issuance of building permits, submit road and drainage improvement plans for the installation and construction of the street frontage improvements on to Standard, including but not limited to P.C.C. curb, gutter and sidewalk and the required street section for parcels with gross acreage of one acre or less. Construct or install the required improvements. ❑ 4. Prior to the issuance of building permits, dedicate a one foot "no access strip" or relinquish abutters rights to Butte County, along the frontage of parcels , except at approved access points. B. DRAINAGE ❑ 1. Prior to the recordation of the issuance of building permits, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. ❑ 2. Prior to the issuance of building permits, establish 100 year floodplain elevations and the lowest floor elevations for any structures. Show on the site plan map for building permits the elevations (by contours) and the location of an accepted NVGD benchmark and a temporary benchmark on-site. C. LEGAL LOT STATUS ❑ 1. Prior to the issuance of the Use Permit, prove, to the satisfaction of the Director of Public Works, that the parcel of the subject application is a legal parcel. BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Larry Biegler and Wallace Schwartz DATE: 11/20/2003 AGENT: APN: 065-460-019, 020 FILE #: UP 04-13 PLANNER: Mark Michelena PROJECT DESCRIPTION: Use Permit to establish one single family dwelling on each parcel Those items checked are conditions of approval. PLEASE CONTACT THE ENVIRONMENTAL HEALTH DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: D. SEWAGE DISPOSAL AREAS ❑ 1. Prior to the issuance of a building permit, the applicant shall meet the sewage disposal requirements of Butte County Code Section 26-26 for the installation of sewage disposal systems within a flood plain/floodway. ❑ 2. Prior to the issuance of a building permit, those wells indicated on the site plan that are proposed to be destroyed in order to provide required usable sewage disposal areas, shall be destroyed under a valid Butte County Environmental Health Division permit. ❑ 3. In the nitrate area record executed Future Sewer Service and Storm Drainage Agreements. ❑ 4. Prior to the issuance of a building permit, meet the requirements of the (Watershed Protection Zone) (Villa Verona Moratorium Area) (Cohasset Specific Plan). E. INDIVIDUAL WATER SUPPLY ❑ 1. Prior to the issuance of a building permit, provide a source of domestic water for the building on (lot) (parcel) ❑ 2. Prior to the issuance of a building permit, verify that domestic water can be provided to meet minimum standards for and other suspected contamination. F. PUBLIC WATER SUPPLY ❑ 1. Prior to the issuance of a building permit, verify that domestic water can be provided to meet minimum standards for and other suspected contamination. G. EXISTING COMMUNITY SEWER ❑ 1. Prior to the issuance of a building permit, under a permit issued by the Environmental Health Division, abandon the septic tank and connect the dwelling(s) on (lots) (parcel(s)) to public sewer. • BUTTE COUNTY 0 STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Larry Biegler and Wallace Schwartz DATE: 11/20/2003 AGENT: APN: 065-460-019, 020 FILE #: UP 04-13 PLANNER: Mark Michelena PROJECT DESCRIPTION: Use Permit to establish one single family dwelling on each parcel Those items checked are conditions of approval. PLEASE CONTACT THE BUILDING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: H. BUILDING PERMITS ❑ 1. Building Permits Required. Prepare # sets of construction plans and make an application for permit. Construction shall comply with federal, state, and local regulations. Plans shall be prepared, sealed and signed by a California Licensed Architect or Registered Engineer for non-residential buildings and certain residential buildings. ❑ 2. Proposed improvements constitute a "change in use" or "change in the character of use" as stated in the building code. Improvement plans shall incorporate all code -required elements for the new use. 3. All structures shall be made accessible to the disabled. Disabled accessible parking and an accessible path of travel shall be provided. ❑ 4. Proposed improvements shall comply with Title 24 energy conservation regulations. Appropriate compliance forms (two sets) shall be submitted indicating compliance with those standards. ❑ 5. Proposed improvements shall comply with Butte County Code and FEMA Flood Hazard Prevention regulations. A FEMA Elevation Certificate, prepared by a qualified professional, shall be completed and submitted with improvement plans for the Building Division. ❑ 6. Proposed improvements shall comply with recorded map conditions applicable to construction. ❑ 7. Proposed improvements shall comply with Public Resources Code 4290 Fire Safe Construction standards. ❑ 8. Development fees for the proposed residential or 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. I. EXISTING STRUCTURES ❑ 1. Comply with the Uniform Building Code for property line clearances considering use, area and fire - resistiveness of existing buildings. ❑ 2. Existing building(s) shall be made to comply with current Building and Zoning regulations for the intended new use of the building(s) or the existing building(s) shall be demolished. z . "DEPARTMENT OFIEVELOPMENT SERVICES • PLANNING DIVISION 7 County Center Drive Oroville, CA 95965-3397 Telephone: (530) 538-7601 FAX: (530) 538-7785. TO: Inter -Departmental Review Committee. FROM: Mark Michelena, Butte County Planning Division SUBJECT: Request for Comments on Completeness of Application APPLICANT: Larry Biegler and Wallace Schwartz, Use Permit - UP 04-13 APN: 065-460-019, 020 DATE: December 15, 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. PROJECT DESCRIPTION: Use Permit to establish•five dwellings (one duplex and one tri- plex) on each of two lots in the C-C/WP (Community Commercial/Watershed Protection Overlay) zone in Magalia PROJECT LOCATION: on the north side of Hollywood Road, approximately 400 feet east of Skyway, Magalia County Supervisor District No: 5 ZONING: C-C/WP (Community Commercial/Watershed Protection Overlay) GENERAL PLAN: C (Commercial) If a response cannot be submitted prior to December 8, 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 3/25/2004, before the Planning Commission. COMMENTS: (Please be specific. Letters or additional comments may be attached): 1. "Attached Public Works conditions apply. 2. According to the map, these lots do not have direct access to Hollywood (Holly) Road. Access is limited through the 25' access easement to the 35' vehicular access (V.A.) in LotE 16-17 & 21. 3. Plot plan does not show 50' setback line from Hollywood right of way line to be kept open and free of buildings. 4. Environmental impacts related to increased traffic and lack of circulation have precluded an division s of land. How are they addressed in this proposal? By: Date: BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Larry Biegler and Wallace Schwartz DATE: 11/20/2003 AGENT: APN: 065-460-019, 020 FILE #: UP 04-13 PLANNER: Mark Michelena PROJECT DESCRIPTION: Use Permit to establish five dwellings (one duplex and one tri-plex) on each of two lots in the C-C/WP (Community Commercial/Watershed Protection Overlay) zone in Magalia 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 But County, in fee simple, _ feet of right-of-way from the centerline of The right of way shall be sufficient for the installation of standard No. S-5 at all street intersections. ® 3. Prior to the issuance of building permits submit road and drainage improvement plans for the installation and construction of the street frontage improvements on access road to Hollywood Road to RS -8 -LD IV standard. Construct or install the required improvements. 4. Prior to the issuance of building permits dedicate a one foot "no access strip" or relinquish abutters rights to Butte County, along the frontage of parcels , except at approved access points. B. DRAINAGE ® 1. Prior to the 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.. ' N£ST�Ai' FJ FiCi.C'Na r s+.c •J F•�o r r • � { I �. --_--, rsr.' a... - +sn�ns.,.��..[� —_� _sr•sr-r � s>!cg .a _ TI 700D -qvc- �l^ S I r�9 6 a8 5 8. 4 8p 3 8 2 p 2 � .Ni9Q9 FDIB V IN• Nga r-•s:r I � m�'pr • A e' . m os 5:z, ti Z8-/6 1 r' C m 1. ro•�s� "� �c0• arm <zr gym- �� � 4, �� ( d { ._ _ CENTER LINE OF WOOD DRIVE BETWEEN HOLLY DRIVE , !t Z '$ 2 Gcv `• 30 1C+ 2 ` 28 4`li a. 3/ 1 8Z7 m p2G j25 24,8 ZI S { .ve�rm•zr I 2 ` FIR HAVEN SUBDIVISION FILED IN BOOK OF MAPS 2 32 AT PAGES 9. 9 6 10. - .e z -�'- HVT-'- l.az8^ V/C//✓/TY M,qP zeas ca .a^ 33 18 £ ai nuc 47r INE............. .... ..... ...... ..... ....... - SET BACK LINE. ........ :, - 6� I� PUBLIC UTILITY EASEMENT (P.U.E.) ....................- F 34A i9 i DRAINAGE EASEMENT (D. E.1 ..... ............. -- oac_/ - 46 : Q I p 1 2 IRON PIPE TAGGED R.C.E. 9033...:..• ........ ..................... f m SET CENTERLINE MONUMENT .................................................... _ N /7" 18 i/9 621J 1u2�8 72 4i 8 v m V IAS 37 VEHICULAR ACCESS'.( LIMIT OF) .� ....... ........... .... .......... • F ACCESS EASEMENT. .............. I� N r. 1 :q 38 is li N 42— N TO BE MARKED BY 3/4' IRON PIN WITH TAG R.C.E. 9033 SUBDIVISION NO. _ th PARADISE PINES COMMERCIAL PARK --- o. C ssvo /•!OL r' C m V BASIS OF BEARINGS p, ,¢/ �:;'<i t •.f {.,-<„ PTN. SEC. 24,- T. 23 N., R.3 E., M. D. M. 41 aTHE P CENTER LINE OF WOOD DRIVE BETWEEN HOLLY DRIVE , !t Z '$ 2 Gcv `• 30 1C+ 2 ` 28 4`li a. 3/ 1 8Z7 m p2G j25 24,8 ZI S { .ve�rm•zr I 2 ` FIR HAVEN SUBDIVISION FILED IN BOOK OF MAPS 2 32 AT PAGES 9. 9 6 10. - .e z -�'- HVT-'- l.az8^ sawi–Zax zeas ca .a^ 33 18 £ ai nuc 47r INE............. .... ..... ...... ..... ....... - SET BACK LINE. ........ :, - 6� I� PUBLIC UTILITY EASEMENT (P.U.E.) ....................- F 34A i9 i DRAINAGE EASEMENT (D. E.1 ..... ............. -- oac_/ - 46 : Q I p 1 2 IRON PIPE TAGGED R.C.E. 9033...:..• ........ ..................... f m SET CENTERLINE MONUMENT .................................................... _ N 314: it I.gg . a 4 FOUND MONUMENT AS SHOWN........ m V IAS 37 VEHICULAR ACCESS'.( LIMIT OF) .� ....... ........... .... .......... • F ACCESS EASEMENT. .............. I� N r. 1 :q 38 is li N 42— N TO BE MARKED BY 3/4' IRON PIN WITH TAG R.C.E. 9033 SUBDIVISION NO. _ $ C m V BASIS OF BEARINGS p, ,¢/ �:;'<i t •.f {.,-<„ PTN. SEC. 24,- T. 23 N., R.3 E., M. D. M. 41 aTHE P CENTER LINE OF WOOD DRIVE BETWEEN HOLLY DRIVE , !t Z '$ -(`T AND W009 ARD DRIVE SHOWN AS N DO. 04 OB W ON THE 3, 4 '5 OF 2 REV I SED. RECORD OF SURVEY OF SHEETS AND 27 O ` FIR HAVEN SUBDIVISION FILED IN BOOK OF MAPS �Eh AT PAGES 9. 9 6 10. - .e z - LEGEND CALCULATED POINT. ................ ....................... ........... O t CIVIL ENGINEERS .. LAND SURVEYORS INE............. .... ..... ...... ..... ....... - SET BACK LINE. ........ :, - 6� Q PUBLIC UTILITY EASEMENT (P.U.E.) ....................- 4 N DRAINAGE EASEMENT (D. E.1 ..... ............. -- oac_/ - ✓atm' tiFOUND 2 IRON PIPE TAGGED R.C.E. 9033...:..• ........ ..................... f m SET CENTERLINE MONUMENT .................................................... SET 27K 3 IROy PIPE TAGGED R.C.E. 9033 ........ .................... 1j 4-e7 FOUND MONUMENT AS SHOWN........ VEHICULAR ACCESS'.( LIMIT OF) .� ....... ........... .... .......... ACCESS EASEMENT. .............. I� ALL LOT CORNERS NOT INDICATED BV 1NC ABOVE SYMBOLS N TO BE MARKED BY 3/4' IRON PIN WITH TAG R.C.E. 9033 SUBDIVISION NO. _ zz PARADISE PINES COMMERCIAL PARK J 20'.P/N FO.P fY�O :Af H.VN C m q I ,¢/ �:;'<i t •.f {.,-<„ PTN. SEC. 24,- T. 23 N., R.3 E., M. D. M. BUTTE COUNTY, CALIFORNIA SCALE:C= SEPTEMBER, ` - MURRAY 9 McGORM CKN.1970 CIVIL ENGINEERS .. 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PES ro� LOTS /7 OGI L9.T9Gll sore v Qd T ¢r.. p P �•m. rre Qi y S a:3/ i 128$827 I /n g� 825 F4.11031 .a 0 e� e i 407 w i! 1 d b, _�_ rtro>r'-_-J- Ra�Y29 TSaD' GLf 3 rS ro/iE •�� I 33r i5 J4737 9 _ _ r m_/ .K. PES ro� LOTS /7 OGI L9.T9Gll sore v Qd T Qi y S a:3/ i 128$827 g� 825 F4.11031 .a 0 e� e i 407 w i! 1 d b, _�_ rtro>r'-_-J- Ra�Y29 TSaD' GLf 3 rS ro/iE •�� I 33r i5 J4737 9 _ _ 35 N l e�4 :5N 3.6 I 44 I.8 V ) i fl�I 37 j810 43, Ae' y y a. v 39 . 1SX /4<9J eo'e/vs LA.C'H.Vh' n£VF_LCVMF_N.'T.S /NC:. Be•. �/a V/C//V/-TY MAP aq-i6 • BASIS OF BEARINGS THE CENTER LINE OF WOOD DRIVE BETWEEN HOLLY DRIVE ANDWOODWARD DRIVE SHOWN AS N 00`04'08 WON THE REV I SED 'RECORD OF SURVEY OF SHEETS 3. 4 AND 5 OF - FIR HAVEN SUBDIVI9ION FILED IN BOOK 27 OF MAPS AT PAGES B. 9 d I0. LEGEND CALCULATED POINT ................................................... o SET BACK LINE....................................Yr PUBLIC UTILITY CASEMENT (P.U.C.).......... .......... - R - DRAINAGE EASEMENT ID.E.1................. ...........------ FOUND 2' IRON PIPE TAGGED R.C.E. 9033... .......... ........................ f SET CENTERLINE MONUMENT ..................................................... K8 . 'SET 2 K 3 IRON PIPE TAGGED R.C.E. 9033........ ..................... ' FOUND MONUMENT AS SHOWN .....................................;'; ....x VEHICULAR ACCESSA LIMIT OF) ............................ v..�y ACCESS EASEMENT..................................................HC. .ALL LOT CORNERS NOT INDICATED BY THE ABOVE SYMBOLS TO BE MARKED BY 3:4 IRON PIN WITH TAG R.G.E. 9033 SUBDIVISION NO..�� PARADISE PINES COMMERCIAL PARK PTN. SEC. 24, T 23 N., R.3 E., M. D. M. BUTTE COUNTY, CALIFORNIA SCALE' I"= 100' SEPTEMBER, 1970 MURRAY d M,CORMICK INC. CIVIL ENGINEERS LAND SURVEYORS - 1912 F ST, SACRAMENTO, CALIFORNIA SHEET 2 OF 2 SHEETS m_/ .K. PES ro� LOTS /7 OGI L9.T9Gll sore v Qd . 1SX /4<9J eo'e/vs LA.C'H.Vh' n£VF_LCVMF_N.'T.S /NC:. Be•. �/a V/C//V/-TY MAP aq-i6 • BASIS OF BEARINGS THE CENTER LINE OF WOOD DRIVE BETWEEN HOLLY DRIVE ANDWOODWARD DRIVE SHOWN AS N 00`04'08 WON THE REV I SED 'RECORD OF SURVEY OF SHEETS 3. 4 AND 5 OF - FIR HAVEN SUBDIVI9ION FILED IN BOOK 27 OF MAPS AT PAGES B. 9 d I0. LEGEND CALCULATED POINT ................................................... o SET BACK LINE....................................Yr PUBLIC UTILITY CASEMENT (P.U.C.).......... .......... - R - DRAINAGE EASEMENT ID.E.1................. ...........------ FOUND 2' IRON PIPE TAGGED R.C.E. 9033... .......... ........................ f SET CENTERLINE MONUMENT ..................................................... K8 . 'SET 2 K 3 IRON PIPE TAGGED R.C.E. 9033........ ..................... ' FOUND MONUMENT AS SHOWN .....................................;'; ....x VEHICULAR ACCESSA LIMIT OF) ............................ v..�y ACCESS EASEMENT..................................................HC. .ALL LOT CORNERS NOT INDICATED BY THE ABOVE SYMBOLS TO BE MARKED BY 3:4 IRON PIN WITH TAG R.G.E. 9033 SUBDIVISION NO..�� PARADISE PINES COMMERCIAL PARK PTN. SEC. 24, T 23 N., R.3 E., M. D. M. BUTTE COUNTY, CALIFORNIA SCALE' I"= 100' SEPTEMBER, 1970 MURRAY d M,CORMICK INC. CIVIL ENGINEERS LAND SURVEYORS - 1912 F ST, SACRAMENTO, CALIFORNIA SHEET 2 OF 2 SHEETS �icv"ar MHYfWo's A G' Jc,Jo�l ro� 8' cw •.. =' R p > m v Qd T Qi y S N h W ItVu 0 e� e 8 407 w i! 1 d b, �Lvea — . 1SX /4<9J eo'e/vs LA.C'H.Vh' n£VF_LCVMF_N.'T.S /NC:. Be•. �/a V/C//V/-TY MAP aq-i6 • BASIS OF BEARINGS THE CENTER LINE OF WOOD DRIVE BETWEEN HOLLY DRIVE ANDWOODWARD DRIVE SHOWN AS N 00`04'08 WON THE REV I SED 'RECORD OF SURVEY OF SHEETS 3. 4 AND 5 OF - FIR HAVEN SUBDIVI9ION FILED IN BOOK 27 OF MAPS AT PAGES B. 9 d I0. LEGEND CALCULATED POINT ................................................... o SET BACK LINE....................................Yr PUBLIC UTILITY CASEMENT (P.U.C.).......... .......... - R - DRAINAGE EASEMENT ID.E.1................. ...........------ FOUND 2' IRON PIPE TAGGED R.C.E. 9033... .......... ........................ f SET CENTERLINE MONUMENT ..................................................... K8 . 'SET 2 K 3 IRON PIPE TAGGED R.C.E. 9033........ ..................... ' FOUND MONUMENT AS SHOWN .....................................;'; ....x VEHICULAR ACCESSA LIMIT OF) ............................ v..�y ACCESS EASEMENT..................................................HC. .ALL LOT CORNERS NOT INDICATED BY THE ABOVE SYMBOLS TO BE MARKED BY 3:4 IRON PIN WITH TAG R.G.E. 9033 SUBDIVISION NO..�� PARADISE PINES COMMERCIAL PARK PTN. SEC. 24, T 23 N., R.3 E., M. D. M. BUTTE COUNTY, CALIFORNIA SCALE' I"= 100' SEPTEMBER, 1970 MURRAY d M,CORMICK INC. CIVIL ENGINEERS LAND SURVEYORS - 1912 F ST, SACRAMENTO, CALIFORNIA SHEET 2 OF 2 SHEETS MR'S CERTIF LCAT LARWIH DEVELOPMENTS INC., A CORPORATION AS OWNER OF THE LAND INCLUDED WITNI11 'PARADISE IINES COMMERCIAL PARK A$ SHOWN:WITH_IN, THE COLORED BORDER INC ON THE ANNEXED'MAP. AND WESTERN TITLE INSURANCE COMPANY, A (ORPORAT ION AS TRUSTEE UNDER RECORD OEEDS•OF TRUST DO HEREBY CERTIFY THAT WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS CLEAR TITLE TO SAID LAND ANU WE CONSENT TO THE PREPARATION AND RECORDATION OF SAID MAP AS SHOWN WITHIN THE COLORED BORDER LINES. THOSE PORTIONS OF NO LLY ROAD, WOODWARD AVENUE, VINE ROAD AND SKYWAY AS SHOWN WITHIN THE COLORED BORDER LINES ON SAID MAP ARE HEREBY OFFERED FOR DEDICATION FOR PUBLIC USE FOR COUNTY ROAD PURPOSE S• WE ALSO OFFER FOR DEDICATION, AND 00 HC REBY DEDICATE FOR SPECIFIC PURPOSES THE FOLLOWING. IA) RIGHTS OF WAY AND EASEMENTS FOR WATER, GAS, SEWER AND DRAINAGE PIPES. TOGETHER WITH ANY AND ALL APPURTENANCES APPERTAINING TH EERET0 ON, OVER, AND UNDER THOSE STRIPS OF LAND OESIGNATED PUBLIC UTILITY EASEMENT CONTIGUOUS TO THE REAR AND/OP SIDELINES OF LOTS AND OF THE WIDTHS SHOWN HEREON. (B) EASEMENTS FOR'LIGHT ANO AIR OVER THOSE STRIPS OF LAND LYING BETWEEN THE FRONT AND/OR SIDELINES OF LOTS AND THE LINES SHOWN HEREON AND DESIGNATED SET BACK LINE, SAID STRIPS TO BE KEPT OPEN AND FREE OF BUILDINGS. (C) RIGHTS OF WAY AND EASEMENTS FOR DRAINAGE PIPES TOGETHER WITH ANY AND ALL APPURTENANCES APPERTAINING THERETO ON, OVER, AND UNDER THOSE STRIPS OF LAND DESIGNATED ORA I NA GE EASEMENT IN THE LOCATIONS AND OF THEWIDTHS SHOWN HEREON. 10) EASEMENTS FOR ANCHORS. GUYS, OVERHEAD AND UNDERGROUND WIRES AND CONDUITS FOR ELECTRIC AND TELEPHONE, WATER. SEWER AND GAS SERVICE TOGETHER WITH ANY AND ALL APPURTENANCES THERETO ON, OVER AND UNDEn STRIPS OF LAND 10 FEET IN WIDTH WITHIN THE LOTS AND CONTIGUOUS TO ANY STREET OR OTHER PUBLIC WAY TOGETHER WITH TME RIGHT TO TRIM OR REMOVE ONLY THE NECESSARY TREES, TREE LIMBS OR BRUSH. (E) EASEMENTS FOR POLES. ANCHORS AND GUYS ON, OVER AND ACROSS THOSE STRIPS OF LAND LYING WITHIN 2 FEET ON BOTH SIDES OF ALL SIDE LOT LINES AND EXTENDING 35 FEET BACK FROM THE FRONT PROPERTY LINES. (F) ACCESS TO THE LOTS WITHIN THIS SU BOIVISION IS RESTRICTED 7'0 THE PLACES SHOWN ON THE MAP AND OESI GRATED VEHICULAR ACCESS. (GI EAS EMENTS.FOR ACCESS ON AND OVER THOSE STRIPS OF LAND SHOWN ON THE MAP AND DESIGNATED ACCESS EASEMENT. LARWIN DEVELOPMENTS, INCC/>S:7FOAN IA CORPORATION. AS OWNER Et TIVE I -PRF.SIn. T ASSISTANT SECRETARY STATE OF CALIFORNIA ) SS COUNTY OF BU_TTE 1 ON THIS L 'QDAY OF a r J t970„ BEFORE ME, THE UNDERSIGNED A NOTARY PUBLIC (NAND FOR THE COUNTY OF IAS ANGELES, PEO SONAILY APPEARED JERRY BERGER AND MKHAELO.CATHCART KNOWN TO ME 'FO BE THE EXECUTIVE VICE PRESIDENT AND ASSIS- TANT SECRETARY, RESPECTIVELY OF LARWIN DEVELOPMENTS. INC.. A CORPORATION WHICH EXECUTED THE FOREGOING CERTIFICATE. AND KNOWN TO ME TO BE THE PERSONS WHO EXECUTED THE FOREGOING CERTIFICATE ON BEHALF OF THE CORPORATION THEREIN NAMED. AND ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SAME. AlUUR:fA I"F.'R-aVi dOTARY PUBLIC (� AainAn ry'F"�u.rs'x[Yy M COMMISSION EXPIRES WESTE ERRNyT-IITTLL'E INSURAN E COMPANY. A CALIFORNIA CORPORATION, AS TRUSTEES a�rziY > &�Z - VICE-PRESIDENT , (9k ASST. SECRETARY STATE OF CALIFORNIA % SS COUNTY OF,%a�'^- ) ON THIS_ZZ_DAY OF /✓✓ 1970, BEFORE ME, THE UNDERSIGNED A NOTARY PUQI.�C 1 AND FOR THE COUNTY OF r � "'"� PERSONALLY APPEARED -�f A � /� i• AND bun ' �GLC�• KNOWN TO ME TO BE THEA =es A ESPECTIVELY OF WESTERN TITLE INSURANCE COMPANY, AICALIFORNIA CORPORATION WHICH EXECUTED THE FOREGOING CERTIFICATE AND KNOWN TO ME TO BE THE PER - WHICH EXECUTED WHO EXECUTED THE FOREGOING CERTIFICATE ON BEHALF OF THE CORPORATION THEREIN NAMED, AND ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SAME. O NOt•Ft PILI IC •(<,!R'PI:15� ` ' ,fa.. �rnax�•+I•-n!=won.r't OTA AR PUBLIC G 7.3r My 5 MY COMMISSION EXPIRES E`(QR'S CERTIFICATE i. DONALD D. MCCORMICK. DO HEREBY CERTIFY THAT 1 AM A RE GESTERED CIVIL ENGINEER OF THE STATE OF CALIFORNIA, THAT THE AN MAP OF PARADISE PINES COMMERCIAL PARK CORRECTLY REPRESENTS,A SURIF€Y MADE UNDER MY DIRECTION IN SEPTEMBER. 1970 THAT IT IS TRU[ AND ,+CETE. 1S .SHOWN THAT THE Y OOSI TION AND ARE MONUMENTS SHOWN THEREON ARE SET IN'tHEiRjIFA,,; SUFFICIENT TO ENABLE THE SURVEY TO ISFI`F3:; jj``�� A le..�f•a�••-c• DONALD D. MLCO RMICK. R.C.E. 9097 cl _56 -1s - MR ',$ 38-1As" AUDITOR'S CETtT If KATE • 1, f.M. SEELY, JR., AUDITOR OF THE COUNTY OF BUTT -c. STATE OF CALIFORNIA /IEflEOY CERTIFY THAT THERE ARE NO LIENS AGAINST PARADISE PINES COMMERCIAL MRK AS HEREON SET FORTH, OR UNPAID STATE.000NTY,MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES EXCEPT TAXES OR SPECIAL ASSESSMEI N01 YET PAYABLE. TAXES OR SPECIAL ASSESSMENTS WHICH ARE A LIEN BUT NOT YET PAYABLE. I ESTIMATE TO BE IN THE AMOUNT F.N. SEELY, JR. BA%jW COWKISSION CERTIFICATE I,LA•NRENCE J. LAWSON DIRECTOR OF PLANNING OF THE PLANNING COMMISSION OF COUNTY OF BUTTE. STATE OF CALIFORNIA DO HEREBY CERTIFY THAT THE ANNEXED FINAL MAP OF PARADISE PINES COMMERCIAL PARK CONFORMS SUBSTANTIALLY WITH THE DESIGN SHOWN ON THE TENTATIVE MAP WHICH WAS APPROVED BY THIS COMMISSION ON LAWRENCE J. LAWSON, DIRECTOR OF PLANNING PUBLIC EMS IS CERTIFICATE 'I, CLAY CASTLEBERRY, DIRECTOR OF PUBLIC WORKS OF THE COUNTY OF BUTTE. STATE OF CALIFORNIA 00 HEREBY CERTIFY THAT 1 HAVE EXAMINED THE FINAL MAP OF PARADISE PINES COMMERCIAL PARK THAT IT IS SUBSTANTIALLY THE SAME AS APPEARED ON THE TENTATIVE MAP ON FILE AND ANY -APPROVED ALTERATIONS THERE- OF, THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT OF THE STATE OF CAL- IFORNIA, AND LOCAL ORDINANCES APPLICABLE AT THE TIME OF APP HOVAL OF SAID TENTATIVE MAP HAVE BEEN COMPLIED WITH, AND I AM SATISFIED THAT SAID MAP IS TECHNICALLY CORRECT _�. P. , CLAY CCdSTLEBERRY,W.C.C. 14224 DIRECTOR OF PUBLIC WO�, FJIIBIT'DUN, OON 1'Y Y ME 'S CERTIFICATE OF BUTTE 1. CLARK A NELSON, COUNTY CLERK OF THE COUNTY OF BUTTE, STATE OF CAL-- IFORNIA,, DO HEREBY CERTIFY THAT ON THE _I? DAY OF 'I g 1970. THE BUTTE COUNTY BOARD OF SUPERVISORS OFFICIALLY APPROVED THE SUBDIVISION MAP OF _PARADISE PINES CONMERCI ALPARK THE RECEIPT OF SATISFACTO BY SECURITY IN THE AUDITORS ESTIMATED AMOUNT OF •B- TO INSANE PAYMENT OF TAXES WHICH ARE A LIEN BUT NOT YET PAYABLE WAS ACKNOWLEDGED.THOSE PO BY IONS OF HOLLY ROAD, WOODWARD AVENUE. VINE ROAD AND SKYWAY AS SHOWN WITHIN T'HE COLORED BORDER LINES ON SAID MAP AND OFFEREO FOR DEDICATION FOR PUBLIC USE WERE ACCEPTED ON BEHALF OF THE PUBLIC FOR COUNTY ROAD PURPOSES CLARK A. NELSON. COUNTY CLERK BY DEPUTY @ COR R'S CERT IFIGATE • � �;��;' RECORDED IN THE OFFICE OF THE RECORDER OF BUTTE COUNTY. STATE OY` IFORNIA, AT THE REOUEST OF ORO V ��}}LE TIL�T� LE COMPANY AT—MINUTES PAS-0A�'set-�Y O'CLOCKSM 0t1 THE 17 nAY OFl1L-CGa'.jKY .1970. IN BOOK 39 OF N.AVS'`.��` AT PAGES/5 /b RECORDING NUMB ER.LjtZa 10UI5E KLUENDER, BUTTE COUNTY BY DEPUTY • SUBDIVISION NO.� PARADISE PINES COMMERCIAL PARK PTN. SEC. 24 , T 23 N., R.3 E., M.D. M. BUTTE COUNTY, CALIFORNIA SEPTEMBER, 1970 MURRAY S MCCORMICK INC. CIVIL ENGINEERS LAND SURVEYORS 1912 F ST, SACRAMENTO, CALIFORNIA SHEET I OF 2 SHEETS 0 Michelena, Mark From: Wannenmacher, Felix Sent: Wednesday, October 27, 2004 10:10 AM To: Michelena, Mark; Baker, Joseph Cc: Miller, Gloria Subject: Biegler & Schwartz Agenda Report (UP 04-13) Hi Mark and Joe, I have reviewed the agenda report and have the following comments. \. I Analysis, Land Use part, 4th bullet, I assume these are 2 of the 7 vacant parcels. Please indicate if so. ✓Ph bullet, C -C does have permitted commercial uses. I don't understand your point. ,/8to-Kullet, how did you determine this? and 3 (Mit 4) does this mean if not existing residential use on adjoining parcel must build the wall? So if currently vacant must build? Look at your discussion in IS 4.11. It does not fully describe how this should work. I can see people later wondering why it was done like this. Also you need to reference this matter and relate it to the setback issue in 4.9b. -��hange warden to� Felix CONFIDENTIAL -- ATTORNEY-CLIENT PRIVILEGE CONFIDENTIALITY NOTICE: This email transmission, and any documents or messages attached to it, may contair confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering this email to the intended recipient, then you are (1) not that any disclosure, copying, distribution, saving, reading or use of this information is strictly prohibited, (2) requested to discard and delete this email and any attachments, and (3) requested to immediately notify us by email that you mistakenly received this message. Thank you. 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 January 20, 2004 Larry Biegler and Wallace Schwartz P. O. Box 1415 Chico, CA, 95927 Re: Use Permit, UP 04-13, 065-460-019, 020 Dear Mr. Biegler and Mr. Schwartz: In an effort to keep our customers informed, we are notifying all applicants of their current status and assigned planner. This is to inform you that Your project has been assigned to Mark Michelena and he can be reached at 538-7376, between 8:00 a.m. and 4:00 p.m. Your project is waiting for Environmental Health clearance. . Should you have any questions regarding your application, please call the planner listed above. Sincerely, 4W -11 - Lynn Richardson Planning/Administrative Support Service Assistant Cc Butte County Department ofDevelopment Services PLANNING DIVISION 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile - ADMINISTRATION * BUILDING * GIS * PLANNING November 3, 2004 Larry Biegler and Wallace Schwartz P. O. Box 1415 Chico, CA 95927 Re: UP 04-13, - AP: 065-460-019, 020 Dear Mr. Biegler and Mr. Schwartz: Enclosed is a copy of the Agenda Report concerning your application for a Use Permit to establish one single family dwelling on each parcel on property zoned C -C (Community Commercial) and located on the north side of Hollywood Road, approximately 400 feet east of Skyway, Magalia. Should you have any concerns with the report or conditions of approval, please contact us in advance of the meeting so that we may work together to resolve your concerns. A public hearing has been set for November 18, 2004, at 9:00 a.m. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. The Planning Commission recommends that the applicant or their authorized representative be present at the hearing to respond to any questions the Commission may have. Should you have any questions regarding this matter, please contact Mark Michelena of this office at 538-7376, between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, % Lynn Richardson Planning/Administrative Support Services Assistant Enc. cc:. Environmental Health Land Development K:\letters\merge letters\SCHEDULE.dot November 2, 2004 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 November 18, 2004, at 9:00 a.m. in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item: In accordance with the California Environmental Quality Act (CEQA), an Initial Study has been prepared for the following project. Therefore, Planning Division staff is recommending a Mitigated Negative Declaration. MITIGATED NEGATIVE DECLARATION/USE PERMIT Larry Biegler and Wallace Schwartz, Use Permit to allow one single family dwelling on each parcel in a C -C (Community Commercial) zone. The property 'is located on the north side of Hollywood Road, approximately 400 feet east of Skyway, Magalia. , APN 065-460-019 and 065- 460-020 (MM) (UP 04-13) If you challenge either the Mitigated Negative Declaration or the Use Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Division at, or prior to, the public hearing. ` For further information regarding this project, please contact Mark Michelena, project planner, at the Butte County Planning Division at (530) 538-7376. YVONNE CHRISTOPHER, DIRECTOR OF DEVELOPMENT SERVICES To be published in the Paradise Post on Saturday, November 6, 2004 Paradise Post BUTTE COUNTY PLANNING COMMISSION NOTICE OF:IN ENT TO ADOPT•A MI WRATION T GAT D NEGATI E D CLA- • . r In -accordance with the California E' v*onmental Quality Act (CEQA) Publication doe County has "prepared an Initial Study, and; i§ considering the Declaration o f P u b l i c at i o n ption, of a Mitigated Negative Declaration for the following project: MITIGATED hEGATIVE DECLARATION/USE PERMIT'- •. .•� y, .,... r . , . F.7t . ,, ' L'.i M Larry Biegler and Wallace Schwartz;` Use Permitao establish .one State of California single family dwelling on each parcel: Tfie`parcels are located h the': V County of Butte } Community Commecial• zone: The proposed single family, dwellings y will be placed on adjacent vacant lots: Surrounding'uses are a mix of commercial, -single family.dwellings•an_d multi=family'dwellings:•The Promatee� is locate-d'on the:north side of Hollywood Road, approxi - Declarant Says: y 400 feet east of Skyway,;fn Magalia., APN065-460 019'and That at all times herein mentioned Declarant is and was AFN 0654460-020: (MM)� (File # UP 04-13) resident of said county of Butte over the age of twenty -c The California Environmental'Quahty Act requires this notice fo`dis- years; not a part to nor interested in the within matter; close whether any listedtoxic sites are prent. Theroje pct Iocation Declarant is now and was at all times herein mentioned t'does not contain a listed toxiasite. f se Legal Clerk of the Paradise Post, a tri -weekly newspape The Initial Study/Mitigated Negative,Declaration and reference docu- which said newspaper was adjudged a newspaper of gen ments for this'prolect are on file'fo� public review.starting October 7; ' 2004,.1 through November' 6,' 2004;^ r,at'the.Butte County, Planning circulation on November 12, 1946, by Superior Court C Division 7 County Center Dave, Oroville; California. All interestetlper- No. 22262 as entered in Book 30 Page 223 of said Cour sons are invited to review the. documents. The document will tie avail - that said newspaper is printed and published eve Tue, able for wew at Butte County Department of Development Services, P P every �7 Coun Center Dnve;}Oroville and•the'Paradise Library..-�fntfen Thursday and Saturday in Paradise in said County of Bt`,comments�will;be accepted by the„Planning Division ;at,the above ,address Any,written comments on the Initial•Study/Mitigated Negative that the Declaration must be ieceived at the above address'within the. public Public Notice �revrew penod ` Butte County Planning Commission �Ct -If you challengeithellnitial,Study/Mitigated N gativi Declaration in Larry Biegler and Wallace Schwartz court,•you may be hmited`to rarsirig only those issue"s yoiyOr someone Legal # 624-03 elserifaitDvsi nts The Butte CounorrP'pondence'deliveredlto= the'°Planning'' Of which the copy annexed on the margin hereof is a truing on this"project,.the da a time and �locato�n iII � hold 6 hast n to r- 5 printed copy, was published in said newspaper in the i$ been°determined Landowners within 300 feet of the project' site will ; I receive wntten notice as to the date time and Iocation of the Plane ill s October 7, 2004 Commission heann } , and that such publications was made in the regular iss grlrA I'For further information reg 1. aiding thin project, please contact Mark . said paper (and not in any supplemental edition or ext r Michelena project planner, at (530) 538 7376 x> f r , thereof). i .":,�i,,- WONNE-CHRISTOPHER DIRECTOR•OF DEVELOPMENT SER- I VICES - I declare under penalty of perjury that the foregoing iii ��r :_ �,�,t �•t i a_ correct. Oct 7; 2004 ��' r I=� �, a ' 624 04 a Executed on October 7, 2004 ,• r `, �.•Y ,- : ;+1 Paradise, - California. = �.: f't .�; • , ire ` :-c . �,`. � , f Declarant BUTTE COUNTY • STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Larry Biegler and Wallace Schwartz DATE: 11/20/2003 AGENT: APN: 065-460-019, 020 FILE #: UP 04-13 PLANNER: Mark Michelena PROJECT DESCRIPTION: Use Permit to establish one single family dwelling on each parcel 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-wao from the centerline of . The right of way shall be sufficient for the installation of Standard No. S-5 at all street intersections. ❑ 3. Prior to the issuance of building permits, submit road and drainage improvement plans for the installation and construction of the street frontage improvements on to Standard, including but not limited to P.C.C. curb, gutter and sidewalk and the required street section for parcels with gross acreage of one acre or less. Construct or install the requires improvements. ❑ 4. Prior to the issuance of building permits, dedicate a one foot "no access strip" or relinquish abutters rights to Butte County, along the frontage of parcels , except at approved access points. B. DRAINAGE ❑ 1. Prior to the recordation of the issuance of building permits, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. ❑ 2. Prior to the issuance of building permits, establish 100 year floodplain elevations and the lowest floor elevations for any structures. Show on the site plan map for building permits the elevations (by contours) and the location of an accepted NVGD benchmark and a temporary benchmark on-site. C. LEGAL LOT STATUS ❑ 1. Prior to the issuance of the Use Permit, prove, to the satisfaction of the Director of Public Works, that the parcel of the subject application is a legal parcel. APPLICANT: AGENT: FILE #: BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT Larry Biegler and Wallace Schwartz UP 04-13 DATE: 11/20/2003 APN: 065-460-019, 020 PLANNER: Mark Michelena PROJECT DESCRIPTION: Use Permit to establish one single family dwelling on each parcel Those items checked are conditions of approval. PLEASE CONTACT THE ENVIRONMENTAL HEALTH DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: D. SEWAGE DISPOSAL AREAS ❑ 1. Prior to the issuance of a building permit, the applicant shall meet the sewage disposal requirements of Butte County Code Section 26-26 for the installation of sewage disposal systems within a flood plain/floodway. 2. Prior to the issuance of a building permit, those wells indicated on the site plan that are proposed to be destroyed in order to provide required usable sewage disposal areas, shall be destroyed under a valid Butte County Environmental Health Division permit. ❑ 3. In the nitrate area record executed Future Sewer Service and Storm Drainage Agreements. ❑ 4. Prior to the issuance of a building permit, meet the requirements of the (Watershed Protection Zone) (Villa Verona Moratorium Area) (Cohasset Specific Plan). E. INDIVIDUAL WATER SUPPLY ❑ 1. Prior to the issuance of a building permit, provide a source of domestic water for the building on (lot) (parcel) ❑ 2. Prior to the issuance of a building permit, verify that domestic water can be provided to meet minimum standards for and other suspected contamination. F. PUBLIC WATER SUPPLY ❑ 1. Prior to the issuance of a building permit, verify that domestic water can be provided to meet minimum standards for and other suspected contamination. G. EXISTING COMMUNITY SEWER ❑ 1. Prior to the issuance of a building permit, under a permit issued by the Environmental Health Division, abandon the septic tank and connect the dwelling(s) on (lots) (parcel(s)) to public sewer. BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Larry Biegler and Wallace Schwartz DATE: 11/20/2003 AGENT: APN: 065-460-019, 020 FILE #: UP 04-13 PLANNER: Mark Michelena PROJECT DESCRIPTION: Use Permit to establish one single family dwelling on each parcel Those items checked are conditions of approval. PLEASE CONTACT THE BUILDING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: H. BUILDING PERMITS ❑ 1. Building Permits Required. Prepare # sets of construction plans and make an application for permit. Construction shall comply with federal, state, and local regulations. Plans shall be prepared. sealed and signed by a California Licensed Architect or Registered Engineer for non-residential buildings and certain residential buildings. ❑ 2. Proposed improvements constitute a "change in use" or "change in the character of use" as stated in the building code. Improvement plans shall incorporate all code -required elements for the new use. ❑ 3. All structures shall be made accessible to the disabled. Disabled accessible parking and an accessibl: path of travel shall be provided. ❑ 4. Proposed improvements shall comply with Title 24 energy conservation regulations. Appropriate compliance forms (two sets) shall be submitted indicating compliance with those standards. ❑ 5. Proposed improvements shall comply with Butte County Code and FEMA Flood Hazard Prevention regulations. A FEMA Elevation Certificate, prepared by a qualified professional, shall be completed and submitted with improvement plans for the Building Division. ❑ 6. Proposed improvements shall comply with recorded map conditions applicable to construction. ❑ 7. Proposed improvements shall comply with Public Resources Code 4290 Fire Safe Construction standards. ❑ 8. Development fees for the proposed residential or 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. I. EXISTING STRUCTURES ❑ 1. Comply with the Uniform Building Code for property line clearances considering use, area and fire - resistiveness of existing buildings. ❑ 2. Existing building(s) shall be made to comply with current Building and Zoning regulations for the intended new use of the building(s) or the existing building(s) shall be demolished. • BUTTE COUNTY • STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Larry Biegler and Wallace Schwartz DATE: 11/20/2003 AGENT: APN: 065-460-019, 020 FILE #: UP 04-13 PLANNER: Mark Michelena PROJECT DESCRIPTION: Use Permit to establish one single family dwelling on each parcel Those items checked are conditions of approval. PLEASE CONTACT THE BUTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: X 1. Construction, installation or development of structures or facilities on the parcels/lots shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. X 2. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. X 3. Fire hydrant identification, reflector or post reflectors shall be installed acceptable to the County Fire Warden. ❑ 4. In lieu of a pressurized water system or water storage tank, payment of $200.00 per created parcel into the Battalion water tend fund, is required prior to the issuance of a building permit. X 5. A pressurized community water system for fire protection is required. The specific locations and fire flow requirements shall be in accordance with the Fire Department specifications and to the satisfaction of the County Fire Warden. Average required hydrant spacing _500_ feet, hydrant size _6 inches, and residual fire flow _1000_ gpm. Submit plans to the Fire Department for review and approval prior to construction of facilities. ❑ 6. In lieu of hydrant installation, payment may be made into the hydrant fund at a cost of $1.72 per lineal foot of street frontage. The estimated fee amount is $ ❑ 7. Prior to recordation of the Map or application for a building permit, the applicant shall pay the then current fee for the West Chico Fire Station Fund. ❑ 8. Provide an all weather access of at least 10 foot wide and with a vertical clearance of 1.5 feet that will . accommodate a 40,000 pound fire apparatus to all structures. ❑ 9. Provide plans and specifications to the Butte County Fire Marshal to determine compliance with fire and life safety standards of Titles 19 and 24, California Code of Regulations. Revised 8/13/03RT Butte County Department of Development Services PLANNING DIVISION 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile July 6, 2004 TO: Inter -Departmental Review Committee FROM: Mark Michelena, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Larry Biegler and Wallace Schwartz, Use Permit - UP 04-13 APN: 065-460-019, 020 DATE OF IDR*: 7/21/2004 *Inter -Departmental Review Committee IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: July 19, 2004 AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: August 5, 2004 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, to be determined at the Inter -Departmental Review (IDR) Committee meeting on 7/21/2004, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. REVISED PROJECT DESCRIPTION: Use Permit to establish one single family dwelling on each parcel PROJECT LOCATION: on the north side of Hollywood Road, approximately 400 feet east of Skyway, Magalia COUNTY SUPERVISOR DISTRICT NO.: 5 ZONING: C-C/WP (Community Commercial/Watershed Protection Overlay) GENERAL PLAN: C (Commercial) If a response cannot be submitted prior to the due dates listed above, please calf Mark Michelena at (530) 538-7376 or send him an e-mail at mmichelena@buttecounty.net. 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 October 28, 2004, before the Planning Commission. IDR COMMITTEE - APPLICATION COMPLETE: No (Please send response to mmichelena@buttecounty.net by July 19, 2004 ) X Yes (Conditions/mitigation measures due by August 5, 2004) K:\Planning\Projects\CommentRequestForm.dot • .0 Butte County Department of Development Services PLANNING DIVISION 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile July 6, 2004 TO: Inter -Departmental Review Committee FROM: Mark Michelena, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Larry Biegler and Wallace Schwartz, Use Permit - UP 04-13 APN: 065-460-019, 020 DATE OF IDR*: 7/21/2004 *Inter -Departmental Review Committee IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: July 19, 2004 AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: August 5, 2004 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, to be determined at the Inter -Departmental Review (IDR) Committee meeting on 7/21/2004, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. REVISED PROJECT DESCRIPTION: Use Permit to establish one single family dwelling on each parcel PROJECT LOCATION: on the north side of Hollywood Road, approximately 400 feet east of Skyway, Magalia COUNTY SUPERVISOR DISTRICT NO.: 5 ZONING: C-C/WP (Community Commercial/Watershed Protection Overlay) GENERAL PLAN: C (Commercial) If a response cannot be submitted prior to the due dates listed above, please call Mark Michelena at (530) 538-7376 or send him an e-mail at mmichelena@buttecounty.net. 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 October 28, 2004, before the Planning Commission. :IDR COMMITTEE — APPLICATION COMPLETE: No (Please send response to mmichelena@buttecounty.net by July 19, 2004 ) Yes (Conditions/mitigation measures due by August 5, 2004 K:\Planning\Projects\CommentRequestForm.dot Butte County Department of Development Services Planning Memorandum October 20, 2004 ENVIRONMENTAL HEALTH OCT 2`0 2004 CHICO, CALIFORNIA To: Inter -Departmental Review Committee Subject: Agenda Report for UP 04-13, Larry Biegler and Wallace Schwartz Planner: Mark Michelena APN: 065-460-019, 020 Location on the north side of Hollywood Road, approximately 400 feet east of ilia Date of IDR: 10/27/2004 Attached please find the Agenda Report for UP 04-13 for your review of the mitigation measures and conditions, as well as the Initial Study. A hard copy of the application, including maps, was sent to Environmental Health, LAFCo, County Counsel, the Development Services Director, the Assessor's office, the Public Works Director, the Agricultural Commissioner, CDF, and the Building Manager at the time of application. The purpose of this notice is to give you the opportunity to comment on the Agenda Report electronically to the planner, if you so desire, so that preparations can be made for the IDR meeting on 10/27/2004. Comments: (Please send your response to mmichelena@buttecounty.net.) BUTTE COUNTY Signature: Date: NOV 2 2004 DEVELOPMENT SERVICES Documentl Michelena, Mark From: richard_heiman@dot.ca.gov - Sent: Friday, October 22, 2004 9:28 AM To:. Michelena, Mark Subject: Review of MND for UP 04-13, Biegler & Schwartz - Hi Mark: We have reviewed the proposed mitigated negative declaration for the subject use permit and have "No Comment11.• Rick Helman ` Inter-governmental Review Coordinator CALTRANS-District 3, office 'of Transportation Planning-North, P.O. Box 911,-Marysville, CA 95901 Voice: 530-634-7612 or 8-457-7612 Fax: 530-741-5346 } .Y I , 1 DEPARTMENT OFDEVELOPMENT SERVICES• PLANNING DIVISION 7 County Center Drive Oroville, CA 95965-3397 Telephone: (530) 538-7601 FAX: (530) 538-7785 TO: Inter -Departmental Review Committee FROM: Mark Michelena, Butte County Planning Division SUBJECT: Request for Comments on Completeness of Application APPLICANT: Larry Biegler and Wallace Schwartz, Use Permit - UP 04-13 APN: .065-460-019, 020 DATE: Rcvd: November 26, 2003 Resp: December 17, 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. PROJECT DESCRIPTION: Use Permit to establish five dwellings (one duplex and one tri- plex) on each of two lots in the C-C/WP (Community Commercial/Watershed Protection Overlay) zone in Magalia PROJECT LOCATION: on the north side of Hollywood Road, approximately 400, feet east of Skyway, Magalia County Supervisor District No: 5 ZONING: C-C/WP (Community Commercial/Watershed Protection Overlay) GENERAL PLAN: C (Commercial) If a response cannot be submitted prior to December 8, 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 3/25/2004; before the Planning Commission. COMMENTS: (Please be specific. Letters or additional comments may be attached):' 1. Attached Public Works conditions apply.- 2. ,According to the map, these lots do not have direct access to Hollywood (Holly) Road. Access is limited through the 25' access easement to the.35' vehicular access (V.A.) in Lots 16-17 & 21. 3. Plot plan does not show 50' setback line from Hollywood right of way line to be kept open and free of buildings. , 4. Environmental impacts related to increased traffic and lack of circulation have precluded an division s of land. How are they addressed in this proposal? By: Tom Kuykendall for Stuart Edell Date: December 17, 2003 } BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Larry Biegler and Wallace Schwartz DATE: 11/20/2003 AGENT: APN: 065-460-019, 020 FILE #: UP 04-13 PLANNER: Mark Michelena PROJECT DESCRIPTION: Use Permit to establish five dwellings (one duplex and -one tri-ple;:) on each of two lots in the C-C/WP (Community Commercial/Watershed Protection Overlay) zor_e in Magalia Those items checked are conditions of approval. PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: A. STREETS ® I. 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-wav from the centerline of The right of way shall be sufficient for the installation of standard No. S-5 at all street intersections. ® S. Prior to the issuance of building permits submit road and drainage improvement plans for the installation and construction of the street frontage improvements on access road to Hollywood Roac, to RS -8 -LD IV standard. Construct or install the required improvements. 4. Prior to the issuance of building permits dedicate a one foot "no access strip" or relinquish abutters rights to Butte County, along the frontage of parcels , except at approved access points. B. DRAINAGE ® 1. Prior to the 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. Revised 8/13/03RT Butte County Department of Development Services YVONNE CHRISTOPHER, DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538.7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * GIS * PLANNING October 21, 2004 Larry Biegler and Wallace, Schwartz P.O. Box 1415 Chico, CA 95927 Re: Application for Siegler and Schwartz UP 04-13, APN 065-460-019 and 020. Dear Mr. Biegler and Mr. Schwartz, The application for a Use Permit (UP 04-13) to establish one single family dwelling:on each of two lots in the Community Commercial zone has been scheduled for the final condition meeting with the Interdepartmental Review Committee (IDR). The meeting will be held on 10/27/04. ' r ` I have included the Agenda Report for your review. If there are no issues raised at the IDR meeting and you understand and accept the conditions of the Use Permit, the application will be set for the Planning Commission meeting on 11/18/04. Please contact me at (530) 538-7376 if you have any questions. Sincerely, Mark Michelena Associate Planner Enc. Form A Notice of Completion & Environmental Document Transmittal Mail to: State Clearinghouse, PO Box 3044, Sacramento, CA 95812-3044 916/445-0613 SCH # Project Title: Biegler and Schwartz'Use Permit Lead Agency: Butte County Dept of Development Services - Planning Div Contact Person: Mark Michelena Mailing Address:7 County Center Drive Phone: (530) 538-7376 City: Oroville Zip: 95965 County: Butte — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Project Location: County: Butte City/Nearest Community: Magalia Cross Streets: Skyway and Hollywood Road Zip Code: 95954 Total Acres: 0.82 ac (0.41 ac ea, Assessor's Parcel No. 065-460-019&065-460-020 Section: 24 Twp. 23N Range: 03E Base: MDB&M Within 2 Miles: State Hwy #: NA Waterways: Paradise Lk; Maqalia Res; M & L Butte Crks; W. Branch Feather Fi,o Airports: NA Railways: NA Schools: Pines Elementary Document Type: CEQA: ❑ NOP ❑ Supplement/Subsequent EIR NEPA: ❑ NOI Other: ❑ Joint Document ❑ Early Cons (Prior SCH No.) ❑ EA ❑ Final Document ] Neg Dec ❑ Other ❑ Draft EIS ❑ Other ❑ Draft EIR ----------------------------------------- ❑ FONSI Local---------------------------------------- Local Action Type: ❑ General Plan Update ❑ Specific Plan ❑ Rezone ❑ Annexation ❑ General Plan Amendment ❑ Master Plan ❑ Prezone ❑ Redevelopment ❑ General Plan Element ❑ Planned Unit Development 0 Use Permit ❑ Coastal Permit ❑ Community Plan ----------------------------------------- ❑ Site Plan ❑ Land Division (Subdivision, etc.) ❑ Other Development Type: © Residential: Units 2 SF Acres 0.41 ea ❑ Office: Sgft. Acres Employees ❑ Commercial: Sgft. Acres Employees ❑ Industrial: Sgft. Acres Employees ❑ Educational ❑ Recreational ❑ Water Facilities: Type MGD ❑ Transportation: Type ❑ Mining: Mineral ❑ Power: Type Watts ❑ Waste Treatment: Type ❑ Hazardous Waste: Type ❑ Other: --------------------- — ------------------- Funding — --------------- Funding (approx.): Federal $ State $ Total $ -------------------------------------- Project Issues Discussed in Document: ❑ AestheticNisual ❑ Agricultural Land © Air Quality © Archeological/Historical ❑ Coastal Zone ❑ Drainage/Absorption ❑ Economic/Jobs ❑ Fiscal ❑ Flood Plain/Flooding ❑ Forest Land/Fire Hazard ❑ Geologic/Seismic ❑ Minerals ❑ Noise ❑ Population/Housing Balance ❑ Public Services/Facilities • ❑ Recreation/Parks ❑ Schools/Universities ❑ Septic Systems ❑ Sewer Capacity ❑ Soil Erosion/Compaction/Grading ❑ Solid Waste ❑ Toxic/Hazardous ❑ Traffic/Circulation ❑ Vegetation ❑ Water Quality ❑ Water Supply/Groundwater ❑ Wetland/Riparian ❑ Wildlife ❑ Growth Inducing ❑ Landuse ❑ Cumulative Effects ❑ Other — — — — — — — — — — --- — 41 — — — -- — — — — — — — -- — — — — — — — — — — — — — Present Land Use/Zoning/General Plan Designation: Vacant/Community Commercial/Commercial — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Project Description: A use permit to allow two single family dwellings, one on each parcel. January 2004 23 • Reviewing Agencies Checklist Resources Agency Boating & Waterways Coastal Commission Coastal Conservancy Colorado River Board Conservation Fish &Game Forestry & Fire Protection Office of Historic Preservation Parks & Recreation Reclamation Board S.F. Bay Conservation & Development Commission Water Resources (DWR) Business, Transportation & Housing Aeronautics California Highway Patrol CALTRANS District # Department of Transportation Planning (headquarters) Housing & Community Development Food & Agriculture Health & Welfare Health Services State & Consumer Services General Services OLA (Schools) Public Review Period (to be filled in by lead agency) Form A, continued KEY S = Document sent by lead agen:y X = Document sent by SCH ✓ = Suggested distribution . Environmental Protection Agency Air Resources Board California Waste Management Board SWRCB: Clean Water Grants SWRCB: Delta Unit SWRCB: Water Quality SWRCB: Water Rights Regional WQCB # Youth & Adult Corrections Corrections Independent Commissions & Offices Energy Commission Native American Heritage Commission Public Utilities Commission Santa Monica Mountains Conservancy State Lands Commission Tahoe Regional Planning Agency Oiher Starting Date October 7, 2004 Ending Date November 6, 2004 Signature%G�'Q'/ Date��t/ ----------------------------------------- Lead Agency (Complete if applicable): Consulting Firm: Address: City/State/Zip: Contact: Phone: () Applicant: Larry BieglerMallace Schwartz Address: P.O. Box 1415 City/State/Zip: Chico, CA 95927 Phone: (530 ) 589-5844 For SCI-! Use Only: Date Received at SCH Date Review Starts Date to Agencies — Date to SCH Clearance Date Notes: Pacific Gas and Electric Company 460 Rio Lindo Avenue Don Chambers & Chico, CA 95926 Chico Land Rights Office 530/894-4423 FAX 530/894-4414 t j8LTTE July 8, 2004 COUNTY JUL 12 2 -KA Mr. Mark Michelena Butte County Department of Development Services, Planning Division 7 County Center Drive Oroville, CA 95965-3397 RE: Use Permit -(Siegler / Schwartz) File: UP 04-13, APN: 65-46-19 Dear Mr. Michelena: We have reviewed the subject site plan. Any relocation or rearrangement of any existing PG&E facilities in the area to accommodate this project will be at the expense of the developer. There shall be no building of structures, or the storage of any materials allowed over or under any existing PG&E facilities, or inside any easements that exist. Thank you for the opportunity to review this matter. If you have any questions, please call me in Chico at 894-4423. Sincerely, Donald W. Chambers Land Agent (file: Biegler.doc) O t NN • BUTTE LOCAL AGENCY FORMATION COMMISSION 2770 Olive Highway, Suite C • Oroville, California 95966-6117 (530)538-7784 • Fax (530)538-2847 • www.buttelafco.org Mark Michelina, Associate Planner Department of Development Services Planning Division 7 County Center Drive Oroville, CA 95965 Re: Request for Comments Use Permit 04-13 Dear Mark, July 14, 2004 r- BUTTE COUNTY JUL 15 21104 DEVELOPMENT ' SERVICES This project is located in County Service Area No. 4, Kimshew Cemetery District, Butte County Mosquito and Vector Control District, Paradise Recreation and Park District, Paradise Unified School District, Butte Community College District and County Service Area No. 164. LAFCO has no comments regarding this Use Permit. Sincerely, Paula Leasure Executive Officer • BUTTE COUNTY . 0 STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Larry Biegler and Wallace Schwartz DATE: AGENT: FILE #: UP 04-13 APN: PLANNER: 11/20/2003 065-460-019, 020 Mark Michelena PROJECT DESCRIPTION: Use Permit to establish one single family dwelling on each parcel Those items checked are conditions of approval. PLEASE CONTACT THE BUTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: X 1. Constriction, installation or development of structures or facilities on the parcels/lots shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. X 2. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. X 3. Fire hydrant identification, reflector or post reflectors shall be installed acceptable to the County Fire Warden. ❑ 4. In lieu of a pressurized water system or water storage tank, payment of $200.00 per created parcel into the Battalion water tend fund, is required prior to the issuance of a building permit. X 5. A pressurized community water system for fire protection is required. The specific locations and fire flow requirements shall be in accordance with the Fire Department specifications and to the satisfaction of the County Fire Warden. Average required hydrant spacing _500_ feet, hydrant size _6 inches, and residual fire flow _1000_ gpm. Submit plans to the Fire Department for review and approval prior to construction of facilities. ❑ 6. In lieu of hydrant installation, payment may be made into the hydrant fund at a cost of $1.72 per lineal foot of street frontage. The estimated fee amount is $ ❑ 7. Prior to recordation of the Map or application for a building permit, the applicant shall pay the then current fee for the West Chico Fire Station Fund. ❑ 8. Provide an all weather access of at least 10 foot wide and with a vertical clearance of 15 feet that will accommodate a 40,000 pound fire apparatus to all structures. ❑ 9. Provide plans and specifications to the Butte County Fire Marshal to determine compliance with fire and life safety standards of Titles 19 and 24, California Code of Regulations. Revised 8/13/03RT Butte County 0 Page 1 of 2 From: Hill, Rob Sent: Thursday, July 08, 2004 12:38 PM To: Michelena, Mark Subject: RE: UP 04-13, Biegler and Schwartz; Mark Michelena, planner Butte County Department of Development Services Planning Memorandum To: Members of the Inter -Departmental Review Committee From: Mark Michelena, Project Planner Date: July 7, 2004 Subject: UP 04-13, Larry Biegler and Wallace Schwartz -Revised APN: 065-460-019, 020 30 -Day Complete: 7/23/2004 Date of IDR: 7/21/2004 Please respond by 07/19/2004, regarding completeness of application. Do you find this application complete? No. What is needed to make the application complete? X Yes. Conditions and/or mitigation measures (please respond by 08/05/2004) Standard Conditions are attached for your convenience. No agricultural .issues, no other conditions or mitigating measures. Signature: W pbert C. lfiff peputy Aa Commissioner Date: July 8, 2004 (Please send your response to mmichelena@buttecounty.net.) This application is being provided to you for comments. Please see attached documents. A hard copy of the application, including maps, has been sent to Environmental Health, LAFCo, County Counsel, the Development Services Director, the Assessor's office, the Public Works Director, the Agricultural Commissioner, CDF, and the Building Manager. All Environmental Health correspondence is routed through Mary Johnston at 7 County Center Drive. The purpose of this notice is to give you the opportunity to comment on the completeness of this application electronically to the planner, so that preparations can be made for the IDR meeting on 7/21/2004. file://K:\Planning\PROJECTS\UP\BIEGLER.04-13\SFD%20-%20UP\RE%20UP%2004-1... 7/21/2004 BUTTE COUNTY 0 STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Larry Biegler and Wallace Schwartz DATE: 11/20/2003 AGENT: APN: 065-460-019, 020 FILE #: UP 04-13 PLANNER: Mark Michelena PROJECT DESCRIPTION: Use Permit to establish one single family dwelling on each parcel Those items checked are conditions of approval. PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: A. STREETS ® I. Prior to the issuance of building permits, obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. ❑ 2. Prior to the issuance of building permits, deed to Butte County, in fee simple, _ feet of right-of-way from the centerline of . The right of way shall be sufficient for the installation of Standard No. S-5 at all street intersections. ❑ 3. Prior to the issuance of building permits, submit road and drainage improvement plans for the installation and construction of the street frontage improvements on to Standard, including but not limited to P.C.C. curb, gutter and sidewalk and the required street section for parcels with gross acreage of one acre or less. Construct or install the required improvements. ❑ 4. Prior to the issuance of building permits, dedicate a one foot "no access strip" or relinquish abutters rights to Butte County, along the frontage of parcels , except at approved access points. B. DRAINAGE ® I. 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. LEAD IN SHEET FILE NO: UP 04-13 APN: 065-460-019, 020 APPLICANT: Larry Biegler and Wallace Schwartz P. O. Box 1415 Chico, CA 95927 OWNER: Larry Biegler and Wallace Schwartz REPRESENTATIVE: REQUEST: Use Permit to establish one single family dwelling on each parcel LOCATION: on the north side of Hollywood Road, approximately 400 feet east of Skyway, Magalia SIZE: 0.9 acre SUPERVISORIAL.DISTRICT # 5 EXISTING ZONING: C-C/WP (Community Commercial/Watershed Protection Overlay) GENERAL PLAN DESIGNATION: C (Commercial) ZONING HISTORY: SURROUNDING ZONING: SURROUNDING LAND USE: t, SITE HISTORY: APPLICABLE REGULATIONS: ASSIGNED PLANNER: Mark Michelena Date Annlication Received: 06/25/2004 Date Project Assigned: 06/25/2004 IDR Date: 7/21/2004 30 Day Complete: 7/23/2004 Preset Hearine Date: 10/28/2004 "DRAFT" LEAD.IN SHEET FILE NO:�; (� 0-4--13 AP# APPLICANT: 6 (e -q (�A--/SC.hWC7iu1z- C L OWNER: S'Q(NN-Q, REPRESENTATIVE: (�3 5CJX Wat+7i 0&5- - &1 (0 - C) L9 v- ti 6t!?:3U,A, l PROPOSED REQUEST: ss o be filled o�{t by person taking in application) C� p 6� �S tom' d,Cu� FINAL REQUEST: (to be filled out by project planner) a SIZE: LO'CpATION: Lc -Q, -6(-- Ci����tN{a-C�TQ✓I������i SUPERVISORIAL DISTRICT # EXISTING ZONING: C -/ GENERAL PLAN DESIGNATION: ASSIGNED PLANNER: Date Application Received Co -a-S-o-{ Date Proiect Assigned IDR Date 30 Day Complete /Cd Preset Hearing Date KAP1anning\Fonns\L.ead In Sheet.doc PLANNER'S INITIALS i� COMMENT DISTRIBUTION LIST County Offices and Cities: —Chief Administrative Officer X Develop. Services Director X Environmental Health X Assesor Sheriff _ BCAG ,-•X LAFCo _ Air Quality Mgmt. Biggs Gridley _ Oroville / Paradise Information Systems Dept. _ Animal Control X County Counsel Irrigation District: _ Butte. Water _Biggs/W. Gridley Water _ OWID _ Paradise Irrigation Table Mountain Irrigation _ Thermalito Irrigation Domestic Water _ Butte Water District _California Water Service Co. OWID _Thermalito InigationDistrict 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 Paradise Recreation & Park Utilities PG&E North - Chico PG&E South - Oroville State Agencies _ Durham Area Recreation Richvale Recreation & Parks Chambers Cable TV Viacom Cable TV _ CalTrans (Traffic) _ Dept. of Water Resources _ Forestry (Attn: Craig Carter) _ Dept of Parks and Rec. _ Central Reg. Water Quality Cont. _ Caltrans, Aeronautics Program _ Department of Conservation _ Off. of Mining Reclamation Dept.Social Services, Comm.Care Licensing Federal Agencies _ US Forest Service Army Corps of Engineers Other Districts, Agencies, Committees, etc. _ Lime Saddle Dist _ Drainage _ Reclamation _ Butte Co. Mining Committee _Paradise Pines Com. Assoc. _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 1S Public Works Director Building Manager _ ALUC _ Butte Co. Farm Bureau Chico _ Chico Airport Commission Agricultural Commission* _ Durham Irrigation _ Richvale Irrigation Other _ Del Oro Water Co. Other Sterling City Sewer Main Feather River Rec. & Park _ Pacific Bell _ Dept. of Fish and Game Highway Patrol Off. of Governmental & Env. Relations US Fish & Wildlife Service School Districts K:\Planning\FormskDISTR.wpd DEPARTMENT O DEVELOPMENT SERVICES PLANNING DIVISION BUTTE 7 County Center Drive COUNTY Oroville, CA 95965-3397 DEC 10 2003 Telephone: (530) 538-7601 FAX: (530) 538-7785 DEVELOPMENT SERVICES TO: Inter -Departmental Review Committee CHICO, CALI 1FO1q: Mark Michelena, Butte County Planning Division SUBJECT: Request for Comments on Completeness of Application APPLICANT: C -1;5F _ BBiegler and�Wallace Scl wartz, Use.Permit -_ UP 04-13----7 APN: rJ ,065 460-019, 020 DATE: November 26, 2003 AL HEALTH 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. PROJECT DESCRIPTION: Use; Permit<toestablish five dwellings:(one duplex and one tri- plex) on each of two lots in the C-C/WP (Community Commercial/Watershed Protection Overlay) zone in Magalia PROJECT LOCATION: on the proximately 400 feet east of Skyway, Magalia County Supervisor District No: 5 ZONING: C-C/WP (Community Commercial/Watershed Protection Overlay) GENERAL PLAN: C (Commercial) If a response cannot be submitted prior: to Dec _b_ -8 " 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 3/25/2004, before the Planning Commission. COMMENTS: (Please be specific. Letters or additional comments may be attached): a/v 7v By: G ��� 1 c�,. Date: /Z — C13 AP 065-460-019 & 020 Biegier/Schwartz UP 04-13 o --------------- -------------- --------- - ---------------------------------------- ------- PLANNER CHECK IMMEDIATELY FOR DISTRIBUTION OF PUBLIC HEARING NOTICES 0 4 020 Z P? 1 U-03'N-2aO qA sj-, swrio8lieip9i3 j6 i -jso q U 0 AIUME r ,r 8,6� C � Ao�, L) fle, 11 /1 / Pil `% P/l�f e✓ 0uy- %icti��y vs� pe�m� _ y6o-oto y �c c��� �tic-e :-�� ,Yo �" a 1 sr �-off BUTTE coli DESE6tVT�'� ,• N, December 19, 2003 Larry Biegler and Wallace Schwartz P.O. Box 1415 Chico, CA 95927 - uiie CO. L A N D O F NATURAL WEALTH A N D B= A U T Y PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 Re: Application review of completeness — Biegler and Schwartz UP 04-13 APN 065-460-019 and 020. Dear Mr. Biegler and Mr. Schwartz, Thank you for the submittal of the above referenced application. Per a Butte County internal department meeting the project as submitted is deemed incomplete. The following are a list of items that need to be addressed. 1. You need to contact Butte County Environmental Health (ask for Cliff Bottenfield, 891-2727) to determine how many potential bedrooms can be placed on each lot. (Butte County Improvement Standards — Appendix VII and the Watershed Protection Zone) 2. An erosion and sediment control plan may need to be provided based on the revised site plan. (BC Code 235.10(c)(4). Because your project has been deemed "incomplete" no additional processing of your application will occur until the required information has been submitted and reviewed. Please contact me at (530) 538-7376 before submitting revised maps. Sinc rely, Mark Michelena Associate Planner Sent By: BUTTE CO ENVIRONMENTALHEALTH; 530 895 6512; Dec -8-03 2:31PM; DEPARTMENT OfTEVELOPNIENT SERVICES PLANNING DIVISION 7 County Center Drive Oroville, CA 95965-3397 Telephone: (530) 538-7601 FAX: (530) 538-7785 Page 1/1 TO: z Inter-Departsumtel Review Committee CHICO, *RCFM. Mark Michelena, Butte County Planning Division SUBJECT: Request for Comments on Completeness of Application APPLICANT: Larry Biegler and Wallace Schwartz, Use Permit - UP 04-13 APN: 06546"1.9,020 DATE: November 26, 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. PROJECT DESCRIPTION: Use Permit to establish five dwellings (one duplex and one tri- plex) on each of two lots in the C-C/WP (Community Commercial/Watershed Protection Overlay) zone in Magalia PROJECT LOCATION: on the north side of Hollywood Road, approximately 400 feet east of Skyway, Magalia County Supervisor District No: 5 ZONING: C-C/WP (Community Commercial/Watershed Protection Overlay) GENERAL PLAN: C (Commercial) .If Va response cannot be submitted prior to December 8, 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 3/25/2004, before the Planning Commission. (Please be specific. Tetters or additional comments may be attached): By: _ ...._ G , C_7DI64"e° d Date: /2 HEALTH 2525 Dominic Drive, Suite J Chico, CA 95928 (530) 891-2882 (530) 891-2878 Fax December 9, 2003 Mark Michelena, Butte County Department Development Services Planning Division 7 County Center Drive Oroville, CA 95965 Re: UP 04-13 — Larry Biegler and Wallace Schwartz Dear Mr. Michelena: W. James. Wagoner Air Pollution Control Officer Robert McLaughlin Asst, Air Pollution Control Officer B a T-Y.E� DEC i 12003 DEVELOPMENT SERVICES The District has reviewed the request for comments for the project noted above to be located on Hollywood Road east of Skyway in Magalia. Based on the information submitted the District recommends incorporating measures to control fugitive dust emission from all road and other construction activities during project improvements. Measures may include site and driveway watering and/or use of other acceptable soil palliatives. Thank you for the opportunity to comment on the proposed project. If you have any questions, please contact the District at 891-2882. Sincerely, Gail Williams Air Quality Planner File No 3452 t:\appsJiles\eir\bcup04-13.c10c Department of Development Services INTER -DEPARTMENTAL REVIEW (IDR) COMMITTEE DATE/TIME: Wednesday, December 10, 2003 at 1:00-3:00 p.m. LOCATION: Klamath Conference Room 202 Mira Loma Drive Oroville, California AGENDA MAGALIA 1. Larry Bie2ler and Mark Wallace. UP 04-13 (APNs: 065-460-019 and 020) Planner: Mark Michelena Review Type: Completeness of Application Use Permit to establish five dwellings (one duplex and one tri-ple)0 on each of two lots in the C-C/WP (Community Commercial/Watershed Protection Overlay) zone in Magalia. The project is located on the north side of Hollywood Road, approximately 400 feet east of Skyway, Magalia. 2. Discussion of two mergers. The applications have not been completed. Planner. Mark Michelena ' 3. Review TPM standard conditions. Discuss re -writes. 4. Condition Writing. Butte County Department of Development Services ■ 7 County Center Drive ■ Oroville, CA ■ (530) 538-7604 i\ Page 1 of 1 Michelena, Mark From: Bottenfield, Cliff Sent: Monday, December 08, 2003 10:11 AM To: Michelena, Mark Cc: Fogel, Doug Subject: Biegler Use Permit UP 04-13 Env. Health does not recommend approval. The lots do not appear to meet the sewage disposal requirements of the Watershed Protection Zone. 24-235.10 Policies, procedurand standards for the Firhaven Creek, Paradise Reservoir, ... Page 1 of 2 Chapter 24 ZONING* 24-235.10 Policies, procedures and standards for the Firhaven Creek, Paradise Reservoir, and Magalia Reservoir watersheds. (a) Land use. (1) Current lot or parcel sizes in the Firhaven Creek Watershed shall be stringently maintained. No further division of lots or parcels shall be permitted. (2) Current zoning shall be maintained within the Magalia Reservoir, Paradise Reservoir and Firhaven Creek Watershed. Consideration of zoning proposals to a larger minimum parcel size is allowed. (3) No change in zoning shall be made and no use permit shall be issued unless and until the individual and cumulative impact of additional sewage disposal and surface water runoff created by new development which such zone change or use permit might allow can be proven to the approving authority by the applicant(s) to have no adverse effects upon the water quality of the watershed. (4) Notwithstanding the permitting requirements in any zone district which underlies the watershed protection zone, a second dwelling unit pursuant to section 24-280 shall require a use permit within the boundary of the watershed protection zone. (5) Notwithstanding the provisions of any zone district which underlies the watershed protection zone, the use of the flexible lot size provisions in section 24-82 shall not be allowed within the boundary of the watershed protection zone. (b) Sewage disposal: (1) A one hundred -foot sewage disposal setback from a perennial stream, a fifty -foot setback from an ephemeral stream or drainage way, and a two hundred -foot setback from a lake or reservoir shall be strictly enforced for all lots or parcels within the Firhaven Creek, Paradise Reservoir and Magalia Reservoir watersheds regardless of the date the lot or parcel was created. (2) Appendix VII of the Butte County Improvements Standards for Subdivisions and Parcel Maps and Site Improvements pursuant to Chapter 20 of the Butte County Code which now applies only to single-family residential lots or parcels created after April 4, 1974, shall also apply to all other development, including multi -family residential, commercial, and industrial, on all lots or parcels regardless of date of creation. The gallonage of sewage application shall be pro -rated in proportion to the usable area of the lot or parcel as determined in accordance with Appendix VII, using the Table I value of three hundred fifty (350) gallons/day area requirement. a. A variance may be granted, pursuant to section 19-21 of the Butte County Code, only on an existing lot or parcel when special circumstances are applicable to the property involving the soil characteristics, topography, or surrounding property characteristics. Variances may be granted only to the usable area requirements of Appendix VII, Table 1. Cumulative effects within the hydrologic basin shall be considered prior to issuance of any variance. In no event shall a variance be granted that would provide less usable area than the requirements of Butte County Code, Chapter 19, section 19-12. b. An application for a variance shall be made in writing on a form prescribed by the health department. Upon receipt of the application, the health officer together with the manager of the Paradise Irrigation District, and the chairman of the water committee of the Upper Ridge Coordinating Council, shall make an investigation to determine whether a variance should be granted. At the conclusion of the investigation, the director of environmental health shall prepare a written order granting or denying the variance, and shall include in such written order specific findings of fact and reasons for its granting or denial. c. If the environmental health division of the health department denies the application for variance, the applicant may file an appeal with the state regional water quality control board within ten (10) days after denial. The decision by the state regional water quality control board shall be final. http://municipalcodes.lexisnexis.comlcodeslbuttecol DATAICHAPTER24/24_235_10 Po... 12/9/2003 24-235.10 Policies, procedur and standards for the Firhaven Creek, P adise Reservoir, ... Page 2 of 2 (c) Erosion control measures. (1) All driveways for new home sites on new or existing lots shall be surfaced with at least two (2) inches of Class 2 aggregate base, unless required to be developed to a higher standard. (2) All roads created as a result of any land division shall be surfaced with a minimum of two (2) inches of Class 2 aggregate base, to a minimum width of twenty (20) feet, unless required to be developed to a higher standard by other code requirements. This standard shall apply from a maintained county road, or existing road of a higher standard, through the parcel being divided. (3) All roads and driveways shall meet the minimum requirements as prescribed by Public Resources Code 4290 and 4291 and Butte County Fire Safe Regulations, or as prescribed by the Butte County Department of Public Works. (4) Erosion and sediment control plans, including provisions for wet weather conditions, shall be submitted with all building permits, discretionary development projects, and grading plans, excluding structures that fall under the provisions of section 26-3.1 of the Butte County Code. The erosion and sediment control plans shall include both temporary (first year) and permanent erosion control protection measures that prevent sediment and other pollutant discharges from reaching watershed drainages and streams. The erosion and sediment control plans shall comply with the recommendations of a qualified professional involved in the preparation of erosion control plans. Said plans shall be reviewed and approved by the department of development services. (5) The erosion and sediment control plan shall include the time of year for construction activities. No soil disturbance shall occur after November 15 or before April 1 unless the director of development services, or his or her authorized agent, determines project soil conditions to be adequate to accommodate development activities. All such areas where land clearing has been completed between April 1 and November 15 shall be revegetated, hydroseeded, mulch protected or otherwise stabilized no later than December 1. Should grading be permitted during the rainy season, the smallest practicable area of erodible land shall be exposed at any one time and the time of exposure shall be minimized. Temporary erosion control measures shall be in place on a daily basis. (6) No structures shall be placed within two hundred (200) feet of the high water mark of the Paradise or Magalia Reservoirs or within fifty (50) feet of the top of the bank of any perennial or ephemeral water course, as shown on the most recent edition of USGS 7.5 minute topographic maps, in the Firhaven Creek, Paradise Reservoir, and Magalia Reservoir watersheds. This provision shall not preclude development on a parcel that would otherwise become undevelopable due to this provision. (7) The location of homesites (building envelopes) shall be shown on all future parcel and subdivision maps in the Firhaven Creek, Paradise Reservoir, and Magalia Reservoir watersheds. (8) Erosion and sediment control plans prepared by a qualified professional involved in the preparation of erosion control plans shall be submitted for all three -acre exemption conversion timber operations in the Firhaven Creek, Paradise Reservoir, and Magalia Reservoir watersheds. (9) Three -acre exemption conversion timber harvest operations shall not be conducted in the Firhaven Creek, Paradise Reservoir, and Magalia Reservoir watersheds during the period from November15 to April 1. (Ord. No. 3431, § 2, 6-9-98; Ord. No. 3536, § 3, 7-13-99; Ord. No. 3560, § 9, 10-12-99) http://municipalcodes.lexisnexis.com/codes/butteco/ DATA/CHAPTER24/24_235_10_Po... 12/9/2003 k DEPARTMENT Or DEVELOPMENT SERVICES PLANNING DIVISION 7 County Center Drive Oroville, CA 95965-3397 Telephone: (530) 538-7601 _ FAX: (530) 538-7785 TO: Inter -Departmental Review Committee FROM: Mark Michelena, Butte County Planning Division SUBJECT: Request for Comments on Completeness of Application APPLICANT: Larry Biegler and Wallace Schwartz, Use Permit - UP 04-13 APN: 065-460-019, 020 DATE: December 8, 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. PROJECT DESCRIPTION: Use Permit to establish five dwellings (one duplex and one tri- plex) on each of two lots in the C-C/WP (Community Commercial/Watershed Protection Overlay) zone in Magalia PROJECT LOCATION: on the north side of Hollywood Road, approximately 400 feet east of Skyway, Magalia County Supervisor District No: 5 ZONING: C-C/WP (Community Commercial/Watershed Protection Overlay) GENERAL PLAN: C (Commercial) If a response cannot be submitted prior to December 8, 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 3/25/2004, before the Planning Commission. COMMENTS: (Please be specific. Letters or additional comments may be attached): See attached By: Ted Crawford Date: December 'l, 2003 0 BUTTE COUNTY is STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Larry Biegler and Wallace Schwartz DATE: 11/20/2003 AGENT: APN: 065-460-019, 020 FILE #: UP 04-13 PLANNER: Mark Michelena PROJECT DESCRIPTION: Use Permit to establish five dwellings (one duplex and one tri-plex) on each of two lots in the C-C/WP (Community Commercial/Watershed Protection Overlay) zone in Magalia Those items checked are conditions of approval. PLEASE CONTACT THE BUTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: X 1. Construction, installation or development of structures or facilities on the parcels/lots shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. X 2. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. 3. Fire hydrant identification, reflector or post reflectors shall be installed acceptable to the County Fire Warden. 4. In lieu of a pressurized water system or water storage tank, payment of $200.00 per created parcel into the Battalion _ water tend fund, is required prior to the issuance of a building permit. 5. A pressurized community water system for fire protection is required. The specific locations and fire flow requirements shall be in accordance with the Fire Department specifications and to the satisfaction of the County Fire Warden. Average required hydrant spacing _ feet, hydrant size _ inches, and residual fire flow _ gpm. Submit plans to the Fire Department for review and approval prior to construction of facilities. X 6. In lieu of hydrant installation, payment may be made into the Del Oro Water hydrant fund at a cost of $1.72 per lineal foot of street frontage. The estimated fee amount is $ 206.40. 7. Prior to recordation of the Map or application for a building permit, the applicant shall pay the then current fee for the West Chico Fire Station Fund. _ 8. Provide an all weather access of at least 10 foot wide and with a vertical clearance of 15 feet that will accommodate a 40,000 pound fire apparatus to all structures. X_ 9. Provide plans and specifications to the Butte County Fire Marshal to determine compliance with fire and life safety standards of Titles 19 and 24, California Code of Regulations. Revised 8/13/03RT DEPARTMENT ADEVELOPMENT SERVICES• PLANNING DIVISION 7 County Center Drive LAFCo Oroville, CA 95965-3397 Telephone: (530) 538-7601 NOV 2 6 2003 FAX: (530) 538-7785 Oroville, California TO: LAFCo FROM: Mark Michelena, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Larry Biegler and Wallace Schwartz, Use Permit - UP 04-13 APN: 065-450-019, 020 bq3 0i4 DATE: November 24, 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. PROJECT DESCRIPTION: Use Permit to establish five dwellings (one duplex and one tri- plex) on each of two lots in the C-C/WP (Community Commercial/Watershed Protection Overlay) zone in Magalia PROJECT LOCATION: on the north side of Hollywood Road, approximately 400 feet east of Skyway, Magalia County Supervisor District No: 5 ZONING: C-C/WP (Community Commercial/Watershed Protection Overlay) GENERAL PLAN: C (Commercial) If a response cannot be submitted prior to December 9, 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 3/25/2004, before the Planning Commission. laUT7 , D&; u 12003 DEVELOPMENT , SERVICES --,i COMMENTS: (Please be specific. Letters or additional comments may be attached): I• C(g SA 4"C. A DiI _a, rG;nA e l l� a/,61 �� �.k+cz ;r pv---ded l,� PI o.W•C• / L k�iwfhfhl ccmeleW Gkcl��W j PID. 4y I✓GL am'1F 6,Gh- fCS-er. /lOr2 3u•_9uge Com. Mur4yi10 (.,f,/ /r..c d60(vncn+cd WG�ei ✓QIP►7 (on�C-mac 01, /QrdSr S• P- v, S. D. By: 5. bvcif Date: I,/z6 /a3 L - r v,4. C°II'," �7, csrl ((,I Pacific Gas and Electric Company November 26, 2003 460 Rio Lindo Avenue Chico, CA 95926 530/8944423 FAX 530/894-4414 Mr. Mark Michelena Butte County Department of Development Services, Planning Division 7 County Center Drive Oroville, CA 95965-3397 RE: Use Permit-(Biegler & Schwartz) File: UP 04-13, APN: 065-460-019 & 20 Dear Mr. Michelena: We have -reviewed the subject plans. Don Chambers Chico Land Rights Office Any relocation or rearrangement of any existing PG&E facilities in the area to accommodate this project will be at the expense of the developer. There shall be no building of structures, or the storage of any materials allowed over or under any existing PG&E facilities, or inside any easements that exist. Thank you for the opportunity to review this matter. If you have any questions, please call me in Chico at 894-4423. Sincerely, Donald W. Chambers Land Agent (file: UP04-13.doc) BUTTE CNT UN'ry DEC A 11003 O 1DEVELOPNIENT SERVrCES c - DEPARTMENT OF RVELOPMENT 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: Larry Biegler and Wallace Schwartz, Use Permit - UP 04-13 APN: 065-4 019, 020 DATE: Novem er 24, 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. PROJECT DESCRIPTION: Use Permit to establish five dwellings (one duplex and one tri- plex) on each of two lots in the C-C/WP (Community Commercial/Watershed Protection Overlay) zone in Magalia PROJECT LOCATION: on the north side of Hollywood Road, approximately 400 feet east of Skyway, Magalia County Supervisor District No: 5 ZONING: C-C/WP (Community Commercial/Watershed Protection Overlay) GENERAL PLAN: C (Commercial) If a response cannot be submitted prior to December 9, 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 3/25/2004, before the Planning Commission. COMMENTS: (Please be specific. Letters or additional comments may be attached): By: Date: LEAD IN SHEET FILE NO: UP 04-13 APN: 065-450-019, 020 APPLICANT: Larry Biegler and Wallace Schwartz P. O. Box 1415 Chico, CA 95927 OWNER: Larry Biegler and Wallace Schwartz REPRESENTATIVE: REQUEST: Use Permit to establish five dwellings (one duplex and one tri-plex) on each of two lots in the C-C/WP (Community Commercial/Watershed Protection Overlay) zone in Magalia LOCATION: on the north side of Hollywood Road, approximately 400 feet east of Skyway, Magalia SIZE: 0.9 acre (0.41+/- acre each) SUPERVISORIAL DISTRICT # 5 EXISTING ZONING: C-C/WP (Community Commercial/Watershed Protection Overlay) GENERAL PLAN DESIGNATION: C (Commercial) ZONING HISTORY: SURROUNDING ZONING: SURROUNDING LAND USE: SITE HISTORY: APPLICABLE REGULATIONS: ASSIGNED PLANNER: Mark Michelena Date Application Received 11/20/2003 Date Project Assigned- 11/24/2003 30 Day Complete 12/19/2003 Preset Hearing Date 3/25/2004 COMMENT DISTRIBUTION LIST County Offices and Cities: Chief Administrative Officer X Develop. Services Director _ X Environmental Health X Assesor Sheriff , BCAG ` _ LAFCo Air Quality Mgmt. Biggs Gridley Oroville Paradise Information Systems Dept. —Animal Control X County Counsel _ Butte Ck. Watershed Conservancy Irrigation District: Butte Water _Biggs/W. Gridley Water OWID _ Paradise Irrigation _ —Table Mountain Irrigation _ Thermalito Irrigation' Domestic Water Butte Water District _California Water Service Co. _ OWID _ Thermalito IrngationDistrict Sewer Butte Water District _ Themalito Irrigation _ _ Skansen Subdivision (CSA 21) _ L.O.A. PUD Fire Protection X California Department of Forestry _ EI Medio Fire Protection District Recreation Districts Chico Area Recreation Durham Area Recreation Paradise Recreation &'Park _ Richvale Recreation & Parks Utilities PG&E North -Chico _ Chambers Cable TV PG&E South - Oroville _ Viacom Cable TV State Agencies _ CalTrans (Traffic) _ Dept. of Water Resources _ Forestry' (Attn: Craig Carter) _ Dept of Parks and Rec. _ Central Reg. Water Quality Cont. _ Caltrans, Aeronautics Program _ Department of Conservation _ Off. of Mining Reclamation Dept.Social Services, Comm.Care Licensing Federal Agencies US Forest Service _ US Bureau of Land Management _ Army Corps of Engineers _ National Marine Fisheries Sservice Other Districts, Agencies, Committees, etc. Lime Saddle Dist _ Community Association _ Drainage _ Butte Env.] Council Reclamation _ Cal Native Plant Society _ _ Butte Co. Mining Committee _ Forest Ranch Community Assoc. Pines Com. Assoc. _ Butte Ck. Watershed Conservancy _Paradise _Mosq. Abatement. Oroville/Butte Co Public Works Director Building Manager _ ALUC Butte Co. Farm Bureau Chico Chico Airport Commission X Agricultural Commission _ Durham Irrigation _ Richvale Irrigation Other _ Del Oro Water Co. Other Sterling City Sewer Main Feather River Rec. & Park Pacific Bell Dept. of Fish and Game Highway Patrol Off. of Governmental & Env. Re€ations US Fish & Wildlife Service School Districts fock"(y- K:\Planning\Forms\DISTR.wl "DRAFT" LEAD IN SHEET FILE NO: AP# D(0S APPLICANT: OWNER: SCtWI�_ REPRESENTATIVE: Cl ✓�R ScI�W C�^Z- PROPOSED REQUEST: (to be filled out by person taking in application) yS� 40t ,Wl T 7o U11 -i TS Oma✓ f,�u�eF- Ji 7'uJ�o ITS t �I/ 'j -[acs C -G ?O,✓�s �,.i ou�4G.K�.St . _ FINAL REQUEST: (to be filled Put by project pl SIZE: 0 •9 QC (e , -'WAC c,�l LOCATION: daz 440 tires ff.7 u.,wooa A4 ",a a- y --o �r SUPERVISORAL DISTRICT # S EXISTING ZONING: CrC-- GENERAL PLAN DESIGNATION: C— KIM I ol I WN213 Date Application Received. 03 Date Project Assigned 3 Day Complete to ��63 Preset Hearing Date aS /K4? a Y PLANNERS INITIALS LONGFELLow LUMBER CO. -INC, Quality Truss. Design • Roof & Floor Systems 89 Loren Avenue e Chico, CA 95928=7434 Phone -(530) 893-0112 • (800) 678-0112 Fax (530) 893-0140 E -Mail: trusses@longfellowlumber.com 1IL11a Lr--- ---�— M. �111111111= I�ii�= 11111111111111111 BUTTE COUNTY_ NOV 2 0 2003 (DEVELOPMENT SERVICES Customer: Larry Biegler Job No: Paradise Pines Comm. Park Address: Hollywood Magalia AP#: C -20E (Rev. 3/03) ENGINEER Mitek Industries, Inc. Redong (Ray) Yu 7777 Greenback Lane, Suite 109 Citrus Heights, CA 95610 (916) 676-1900 APPROVED INSPECTION AGENCY Timber Products Inspection, Inc. P.O. Box 20455 Portland, OR 97220 (503) 254-0204 • rr LONGFELLOW LUMBER CO., INC. 89 Loren Avenue ieg er, Larry Biegler - F.F.C.F. Chico CA 95928 Name: P.P.C.P. Address: HOLLYWOOD City: MAGALIA Job: Telephone: (530) 893-0112 State: CA 2BD"i Fax: (530) 893-0140 Phone: Scale: 1: 96 Date: 8/18/03 Drawn By: GDA LONGFELLOW LUMBER CO., INC. 139 Loren Avenue Hiegler, Larry Biegler- F.F.C.F. Chico CA 95928 Name: P.P.C.P. Address: Tiom YW(1Qn City: MAGALIA ° Telephone: (530) 893-0112 State: CA 1BDRM Fax: (530) 893-0140 Phone: OM bmbo: N:l10rd11obW OLIABIT _ Scale: 1 : 96 1 Date: 8/18/03 1 Drawn By: GDA • txY ac c.ti NOTE: THIS DETAIL MAY BE USED FOR TRL65ES KITH PITCHED B.C. ALSO. (0) OPTION TO H5 PLATIN&: WE (3) - 2' WIRE STAPLES (0.072 DIAJI5 &A) TOENAILED THRU CHORD INTO WEB t THRU WEB INTO CHORD ON ONE FACE FOR A TOTAL OF 6 STAPLES. (PI). (51) t (HI) MU5T BE PLATED. D AROyi Ee�a 186'9 TC DL 15.0 PSF NOTE: CABLE END DE516N BASED BC DL PSF BG LL 0.0 PSF ON 15 MPH WIND, EXPOURE B' TODD. 500 P5F AT 0-25 FEET MEAN HE16HT. DURFAC. 1.15 TYPE OF JOB DETAIL JOB NAME LoN6FE(1_OW Lumm CITY, 5TATE CHICO, CALIFORNIA Date: 10-18-02 Gary Hawkins ARCHITE�--T Drawn: AK (530) 8�R2-2700 Job no.: 02-116 1370 RIDGEWOOD DR.,'STs.10 FAx:(530)893O532 CHICO, CA 95973 garyarchmsbculobalnet OUTLOOKER 3-I0d HAILS Ix4 CONT BRACE AT BRACE EACH END LONGER THAN 12' ATTACH AT MIDPOINT OF BRACE 6-I0d COMMON W/ 2-bd HAILS 2xb DIA60NAL NAILS BRACE o 48' OL. GABLE ENE? 57UD O MAX _STYD. TH OF6ABl.E ErDED (2x4 FIR-LARCFU - STANDARD = 5'-111' - 01 AND BTR = -41' 2x4 HF STRONSBACK MAIL TO LEDGER W/ IOd o 12' OL) 2x4 HF LEDGER MAIL TO VERTICAL W/ IOd NAILS) A35 BRACE TO FLAT Zx 171—H-3 AT 48' O.C. 0 NOTE: THIS DETAIL MAY BE USED FOR TRL65ES KITH PITCHED B.C. ALSO. (0) OPTION TO H5 PLATIN&: WE (3) - 2' WIRE STAPLES (0.072 DIAJI5 &A) TOENAILED THRU CHORD INTO WEB t THRU WEB INTO CHORD ON ONE FACE FOR A TOTAL OF 6 STAPLES. (PI). (51) t (HI) MU5T BE PLATED. D AROyi Ee�a 186'9 TC DL 15.0 PSF NOTE: CABLE END DE516N BASED BC DL PSF BG LL 0.0 PSF ON 15 MPH WIND, EXPOURE B' TODD. 500 P5F AT 0-25 FEET MEAN HE16HT. DURFAC. 1.15 TYPE OF JOB DETAIL JOB NAME LoN6FE(1_OW Lumm CITY, 5TATE CHICO, CALIFORNIA Date: 10-18-02 Gary Hawkins ARCHITE�--T Drawn: AK (530) 8�R2-2700 Job no.: 02-116 1370 RIDGEWOOD DR.,'STs.10 FAx:(530)893O532 CHICO, CA 95973 garyarchmsbculobalnet L� iT May 31, 2002 Longfellow Lumber 89 Loren Avenue Chico, CA 95928 RE: Trusses supporting A.C. Loads MiTek Industries, Inc. 7777 GREENBACK LANE SUITE 109 CITRUS HEIGHTS CA 95610 USA FAX (916) 6761909 TELEPHONE (916) 6761900 MiTek Industries, Inc. truss designs are adequate to support up to an additional 150 pounds per truss due to mechanical loads. If this load falls at a panel point, no revision to the engineering is necessary. If it falls in between panel points, a 2X scab of equal size and grade as the top cord is required for the full panel length carrying the load. Attached with 10d nails at 12" o.c. These rules only apply to residential 2' o.c. truss applications with greater than 3/12 pitch. For commercial building span of truss shall be limited to 30'- 0" maximum. If you have any questions, please call me at 1-800-772-5351. P QRpFESSIO� NG 2� Redong Po' Director of F 86 Western Operations RY/ek MOM TV w.w MI - Tek::. MiTek Industries, Inc. 7777 Greenback Lane Suite 109 Citrus Heights, CA, 95610 Telephone 916/676-1900 Re: HOLL0818 Fax 916/676-1909 Biegler - Paradise Pines Commercial Par The truss drawing(s) referenced below have been prepared by MiTek Industries, Inc. under my direct supervisior based on the parameters provided by Longfellow Lumber. Pages or sheets covered by this seal: R9935634 thru R9935637. My license renewal date for the state of California is June 30, 2005. Q pF ESS/p C17180 * EXP. 06/30/05 CNIL �P OF C Ai-\ August 20,2003 Anderson, Bob The seal on these drawings indicate acceptance of professional engineering responsibility solely for the truss components shown. The suitability and use of this component for any particular building is the responsibility of the building designer, per ANSI/TPI-1995 Sec. 2. Job Truss Truss Type751'y 16-0-0 I I 56-10 4-10-13 Biegler - Paradise Pines Commercial Par Plate Offsets (X,Y): 12:0-3-6,0-0-21,16:0-3-6,0-0-21 LOADING (psf) SPACING 2-0-0 CSI R9931-5634 HOLL0818 Al FINK Plates Increase 1.15 Vert(LL) -0.07 9 >999 M1120 220/196 TCDL 10.0 Lumber Increase 1.15 BC 0.37 (optional) Longfellow LUmoer t.0., Inc., unico, 6A 'ZbtlZb-74.54 2.0-0 4.3.14 4.ZU1 bHl s Uct 1 / ZUUZ M1I ek Industries, Inc. I ue Aug 1 U 13:4b:U4 ZUU3 Nage 1 8-0-0 11-8-2 3.8-2 3.8.2 4x4 - 4 16-0.0 18.0.0 4-3-74 2-0-0 Scale = 1:32.5 I� 0 3x4 - 3x4 = 56-10 10-56 16-0-0 I I 56-10 4-10-13 56-10 Plate Offsets (X,Y): 12:0-3-6,0-0-21,16:0-3-6,0-0-21 LOADING (psf) SPACING 2-0-0 CSI DEFL in (loc) I/defl PLATES GRIP TCLL 49.5 Plates Increase 1.15 TC 0.99 Vert(LL) -0.07 9 >999 M1120 220/196 TCDL 10.0 Lumber Increase 1.15 BC 0.37 Vert(TL) 0.11 1-2 > 235 BCLL 0.0 Rep Stress Incr YES WB 0.26 Horz(TL) 0.03 6 n/a BCDL 7.0 Code UBC97/ANSI95 1st LC LL Min I/defl = 240 Weight: 67 Ib LUMBER BRACING TOP CHORD 2 X 4 OF No.1-G TOP CHORD Sheathed or 4.4-13 oc purlins. BOT CHORD 2 X 4 OF No.1-G BOT CHORD Rigid ceiling directly applied or 10-0-0 oc bracing. WEBS 2 X 4 OF Std -G REACTIONS (Ib/size) 2 =1300/0-3-8, 6 = 1300/0-3-8 Max Horz 2=6(load case 6) Max Uplift 2=-24(load case 7), 6=-24(load case 7) Max Grav 2=1464(load case 2), 6=1464(load case 3) FORCES (Ib) - First Load Case Only TOP CHORD 1-2=45, 2-3=-1898, 3.4=-1622, 4-5=-1622, 5-6=-1898, 6-7=45 BOT CHORD 2-9 = 1737, 8-9 = 1206, 6-8 = 1737 WEBS 3-9=-406, 4-9=494, 4-8=494, 5-8=-406 NOTES 1) This truss has been designed for the wind loads generated by 75 mph winds at 25 ft above ground level, using 10.0 psf top chord dead load and 7.0 psf bottom chord dead load, 100 mi from hurricane oceanline, on an occupancy category I, condition I enclosed building, of dimensions 45 ft by 24 ft with exposure B ASCE 7-93 per UBC97/ANSI95 If end verticals or cantilevers exist, they are exposed to wind. If porches exist, they are exposed to wind. The lumber DOL increase is 1.33, and the plate grip increase is 1.33 2) Design load is based on 49.5 psf specified roof snow load. 3) Unbalanced snow loads have been considered for this design. 4) Overhang has been design for 2.00 times live load + dead load. 5) This truss has been designed for 10.0 bottom live load live loads a psf chord nonconcurrent with any other per Table No. 16-B, UBC -97. pF ESS/ ONq 6) A plate rating reduction of 20% has been applied for the green lumber members. 7) This truss has been designed with ANSI/TPI 1-1995 criteria. QR �(LO C ian/o (F (7, ,Q F '/i •\ LOAD CASEIS) Standard C 17180 Z r IY * EXP. 06/30/05 ST CIV1� �P ' OFCA August 20,200- I Warning - Verify design parameters and READ NOTES ON THIS AND INCLUDED MITEK REFERENCE PAGE MII-7473 BEFORE USE �� )esign valid for use only with MTek connectors. This design is based only upon parameters shown, and is for an individual building component to be nstalled and loaded vertically. Applicability of design paramenters and proper incorporation of component is responsibility of building designer - not truss lesigner. Bracing shown is for lateral support of individual web members only. Additional temporary bracing to insure stability during construction is the 'esponsibillity of she erector. Additional permanent bracing of the overall structure is the responsibility of the building designer. For general guidance egarding fabrication, quality control, storage, delivery, erection and bracing, consult DST -88 Duality Standard, OSB -89 Bracing Specification, and HIB -91 candling Installing and Bracing Recommendation available from Truss Plate Institute, 583 D'Onoldo Drive, Madison, WI 53719 Y W �}m�� 9 i Te k Job Truss Truss Type City Ply Biegler - Paradise Pines Commercial Par TCLL 49.5 Plates Increase 1.15 TC 0.85 Vert(LL) -0.13 8-10 >999 R9935635 HOLL0818 B1 FINK 10 1 BCLL 0.0 Rep Stress Incr YES WB 0.34 Horz(TL) 0.06 6 n/a (optional) LongreuoW LUmoef t -o., Inc., 1.nlco, t.A UOUZU-/4J4 4.Lu 1 JH I s Uct I i LUVL mi I eK InaustfteS, Inc. I Ue Aug I `J I J:40:1.10 LUUJ rage I 01 -2-G-0 I 5-6-14 _ I _ 10.6.0 I 15-5.2 I 21.0.0 I 23-0-0 2-0-0 56-14 4-11-2 4-11-2 5-6-14 2-G-0 Scale = 1:-0.7 4x6 = 4 3x4 = 3x4 = 3x4 7-2-10 I 13-9-6 I 2140-0 7-2-10 6.6-13 7-2-10 Plate Offsets (X,Y): 12:0-4-2,0-1-81, [6:0-4-2,0-1-81 lv 0 LOADING (psf) SPACING 2-0-0 CSI DEFL in floc) I/dell PLATES GRIP TCLL 49.5 Plates Increase 1.15 TC 0.85 Vert(LL) -0.13 8-10 >999 M1120 220/195 TCDL , 10.0 Lumber Increase 1.15 BC 0.53 Vert(TL) -0.18 8-10 >999 BCLL 0.0 Rep Stress Incr YES WB 0.34 Horz(TL) 0.06 6 n/a BCDL 7.0 Code UBC97/ANSI95 (Matrix) 1st LC LL Min I/dell = 240 Weight: 87 Ib LUMBER BRACING TOP CHORD 2 X 4 OF No.1 &Btr-G TOP CHORD Sheathed or 3-9-14 oc purlins. BOT CHORD 2 X 4 OF No.1-G BOT CHORD Rigid ceiling directly applied or 10-0-0 oc bracing. WEBS 2 X 4 DF Std -G REACTIONS (Ib/size) 2=1632/0-3-8, 6=1632/0-3-8 Max Horz 2=-7(load case 5) Max Uplift 2=-24(load case 7), 6=-24(load case 7) Max Grav 2=1803(load case 2), 6 = 1803(load case 3) FORCES (lb) - First Load Case Only TOP CHORD 1-2=89, 2-3=-2663, 3-4=-2281, 4-5=-2281, 5-6=-2663, 6-7=89 BOT CHORD 2-11 =2325, 10-11 =2325, 9-10=1605, 8-9=1605, 6-8=2325 WEBS 3-10=-541, 4-10=663, 4-8=663, 5-8=-541 NOTES 1) This truss has been designed for the wind loads generated by 75 mph winds at 25 It above ground level, using 10.0 psf top chord dead load and 7.0 psf bottom chord dead load, 100 mi from hurricane oceanline, on an occupancy category I, condition I enclosed building, of dimensions 45 ft by 24 ft with exposure B ASCE 7-93 per.UBC97/ANSI95 If end verticals or cantilevers exist, they are exposed to wind. If porches exist, they are exposed to wind. The lumber DOL increase is 1.33, and the plate grip increase is 1.33 2) Design load is based on 49.5 psf specified roof snow load. 3) Unbalanced snow loads have been considered for this design. 4) Overhang has been design for 2.00 times live load + dead load. 5) This truss has been designed for a 10.0 psf bottom chord live load nonconcurrent with any other live loads per Table No. 16-B, UBC -97. 6) A plate rating reduction of 20% has been applied for the green lumber members. 7) This truss has been designed with ANSI/TPI 1-1995 criteria. LOAD CASE(S) Standard Q �pFESS/p 17180 00/05 j XP6/ tS�. CIVIL �P August 20,2003 © Warning - Verify design parameters and READ NOTES ON THIS AND INCLUDED MITEK REFERENCE PAGE Mll-7473 BEFORE USE Design valid for use only with MTek connectors. This design is based only upon parameters shown, and Is for an individual building component to be Installed and loaded vertically. Applicability of design parementers and proper incorporation of cornponenl is responsibility of building designer- not truss designer. Bracing shown is for lateral support of Individual web members only. Additional temporary bracing to insure stability during construction is the responsibillity of the erector. Additional permanent bracing of the overall structure is the responsibility of the building designer. For general guidance regarding fabrication, Quality control, storage, delivery, erection and bracing, consult OST -88 Quality Standard, DSB-89 Bracing Specification, and HIB -91 'Mi 5 Handling Installing and Bracing Recommendation available from Truss Plate Institute, 583 D'Onofrio Drive, Madison, WI 53719 $� 1 0 0 Job Truss Truss Type Qty Ply Biegler - Paradise Pines Commercial Par 26-0-0 R9935636 HOLL0818 C1 FINK 2 1 Plate Offsets (X,Y): 12:0-2-5,Edgel, 16:0-2-0,Edgel, 116:0-8-2,0-0-61, 122:0-2-0 Edge) (optional) LUIIy1 GIiYW LUIIIUCI VV., II II:., VIIIV V, VM JUJGO-/YJY .2-0-0 I 56.14 2-0-0 56-14 4.CV 1 ant 5 Vcl 1 / LVVL IVII1ex InuuStrles, Inc. Iue Aug Iy I3:47:VD LUU3 rage I 10-6-0 13.0.0 1552 4-11-2 2-6-0 2-52 26-0.0 I 28-0-0 10-6-14 2-0-0 Scale = 1:50.3 1.5x4 II 1.5x4 II 3x4 = 1.5x4 II 5x8 6 7 1.5x4 II 1,5x4 II 5 5.00 12 4 6 1.5x4 II9 1.5x4 II 24 10 1.5x4 II 1.5x4 2 11 30 1.5x4 II 3 6 II �9 28 12 343 1.5x4 II 2x6 11 11 27 14 ' 26 15 2 2x6 // 2x6 11 16 q11 0 5x8 = 23 22 21 2x6 12x6 1120 19 18 3x8 = 3x4 = 44 = 44 = 5x8 = 1.5x4 11 1.5x4 11 LUMBER BRACING TOP CHORD 2 X 4 OF No.1 &Btr-G TOP CHORD Sheathed or 3-0-11 oc purlins. BOT CHORD 2 X 4 OF No.1-G BOT CHORD Rigid ceiling directly applied or 10-0-0 oc bracing. WEBS 2 X 4 OF Std -G 'Except' WEBS 2 Rows at 1/3 pts 4-20 4-20 2 X 6 OF SS -G REACTIONS (lb/size) 2=1983/0-3-8, 20=2569/7-0-0, 18=138/7-0-0, 19=-320/7-0-0, 16=831/7-0-0 Max Horz 2=80oad case 6) Max Uplift 2=-21 (load case 7), 20=-29(load case 7), 19=-377(1oad case 2), 16=-12(load case 7) Max Grav 2 = 2357(load case 2), 20= 2569(load case 1), 18= 138(load case 1), 19 = 1(load case 6), 16= 1233(load case 3) FORCES IN - First Load Case Only TOP CHORD 1-2=89, 2-3=-3546, 3-4=-3163, 4-5=-714, 5-6=-561, 6-7=-573, 7-8=-664, 8-9=-651, 9-10=-610, 10-11 =-643, 11-12=-638, 12-32=-789, 13-32=-811, 13-14=-509, 14.15=-671, 15-16=-702, 16-17=107 BOT CHORD 2-23=3136, 22-23=2402, 21-22=2402, 20-21 =3539, 19-20=563, 18-19=563, 16-18 = 563 WEBS 4-24=-2653, 24-25=-2634, 25-30=-2622, 30-31 =-2742, 29-31 =-2978, 28-29=-3127, 27-28=-3209, 26-27=-3326, 20-26=-3276, 5-24=142, 7-25=81, 15-18=-222, 14-19=214, 13-20=-1000, 12-26=205, 11-27=-233, 10-28=-134, 9-29=-309,8-30=-255 , 3-23=-545, 21-31=-916, 4-23=674, 4-21 =1003 NOTES OFESS� 11 This truss has been designed for the wind loads generated by 75 mph winds at 25 ft above ground level, Q� Oyyq using 10.0 psf top chord dead load and 7:0 psf bottom chord dead load, 100 mi from hurricane oceanline, ANQ� on an occupancy category I, condition I enclosed building, of dimensions 45 ft by 24 It with exposure B C ASCE 7-93 per UBC97/ANSI95 If end verticals or cantilevers exist, they are exposed to wind. If porches exist, they are exposed to wind. The lumber DOL increase is 1.33, and the plate grip increase is 1.33 2) Design load is based on 49.5 psf specified roof snow load. Z n 3) Unbalanced snow loads have been considered for this design. C 17180 7 4) Overhang has been design for 2.00 times live load + dead load. * EXP. 06/30/05 5) This truss has been designed for a 10.0 psf bottom chord live load nonconcurrent with any other live loads per Table No. 16-8, UBC -97. 6) A plate rating reduction of 20% has been applied for the green lumber members. ti1T CIVIL Continued on page 2 gTFOFCALIF�� August 20,2003 A Warning - Verify design parameters and READ NOTES ON THIS AND INCLUDED MITEK REFERENCE PAGE Mll-7473 BEFORE USE It•It l Design valid for use only with MiTek connectors. This design is based only upon parameters shown, and is for an individual building component to be Installed and loaded vertically. Applicability of design paramenters and proper Incorporation of component is responsibility of building designer - not truss • designer. Bracing shown is for lateral support of individual web members only. Additional temporary bracing to insure stability during construction is the responsibillity of the erector. Additional permanent bracing of the overall structure is the responsibility of the building designer. For general guidance regarding fabrication, quality control, storage, delivery, erection and bracing, consult OST -88 Quality Standard, DSB-89 Bracing Specification, and HIB -91 Handling Installing and Bracing Recommendation available from Truss Plate Institute, 583 D'Onofrio Drive, Madison, WI 53719 i Te k'' . 7-2-10 I 13-9.6 26-0-0 7-2.10 6-6.13 I 12.2-10 Plate Offsets (X,Y): 12:0-2-5,Edgel, 16:0-2-0,Edgel, 116:0-8-2,0-0-61, 122:0-2-0 Edge) LOADING (psf) SPACING 2-0-0 CSI DEFL in (loc) I/defl PLATES GRIP TCLL 49.5 Plates Increase 1.15 TC 0.97 Vert(LL) -0.17 21-23 >999 M1120 220/195 TCDL 10.0 Lumber Increase 1.15 BC 0.86 Vert(TL) -0.24 21-23 >999 BCLL 0.0 Rep Stress Incr NO WB 0.89 Horz(TL) 0.09 16 n/a BCDL 7.0 Code UBC97/ANSI95 (Matrix) 1st LC LL Min I/deft = 240 Weight: 146 Ib LUMBER BRACING TOP CHORD 2 X 4 OF No.1 &Btr-G TOP CHORD Sheathed or 3-0-11 oc purlins. BOT CHORD 2 X 4 OF No.1-G BOT CHORD Rigid ceiling directly applied or 10-0-0 oc bracing. WEBS 2 X 4 OF Std -G 'Except' WEBS 2 Rows at 1/3 pts 4-20 4-20 2 X 6 OF SS -G REACTIONS (lb/size) 2=1983/0-3-8, 20=2569/7-0-0, 18=138/7-0-0, 19=-320/7-0-0, 16=831/7-0-0 Max Horz 2=80oad case 6) Max Uplift 2=-21 (load case 7), 20=-29(load case 7), 19=-377(1oad case 2), 16=-12(load case 7) Max Grav 2 = 2357(load case 2), 20= 2569(load case 1), 18= 138(load case 1), 19 = 1(load case 6), 16= 1233(load case 3) FORCES IN - First Load Case Only TOP CHORD 1-2=89, 2-3=-3546, 3-4=-3163, 4-5=-714, 5-6=-561, 6-7=-573, 7-8=-664, 8-9=-651, 9-10=-610, 10-11 =-643, 11-12=-638, 12-32=-789, 13-32=-811, 13-14=-509, 14.15=-671, 15-16=-702, 16-17=107 BOT CHORD 2-23=3136, 22-23=2402, 21-22=2402, 20-21 =3539, 19-20=563, 18-19=563, 16-18 = 563 WEBS 4-24=-2653, 24-25=-2634, 25-30=-2622, 30-31 =-2742, 29-31 =-2978, 28-29=-3127, 27-28=-3209, 26-27=-3326, 20-26=-3276, 5-24=142, 7-25=81, 15-18=-222, 14-19=214, 13-20=-1000, 12-26=205, 11-27=-233, 10-28=-134, 9-29=-309,8-30=-255 , 3-23=-545, 21-31=-916, 4-23=674, 4-21 =1003 NOTES OFESS� 11 This truss has been designed for the wind loads generated by 75 mph winds at 25 ft above ground level, Q� Oyyq using 10.0 psf top chord dead load and 7:0 psf bottom chord dead load, 100 mi from hurricane oceanline, ANQ� on an occupancy category I, condition I enclosed building, of dimensions 45 ft by 24 It with exposure B C ASCE 7-93 per UBC97/ANSI95 If end verticals or cantilevers exist, they are exposed to wind. If porches exist, they are exposed to wind. The lumber DOL increase is 1.33, and the plate grip increase is 1.33 2) Design load is based on 49.5 psf specified roof snow load. Z n 3) Unbalanced snow loads have been considered for this design. C 17180 7 4) Overhang has been design for 2.00 times live load + dead load. * EXP. 06/30/05 5) This truss has been designed for a 10.0 psf bottom chord live load nonconcurrent with any other live loads per Table No. 16-8, UBC -97. 6) A plate rating reduction of 20% has been applied for the green lumber members. ti1T CIVIL Continued on page 2 gTFOFCALIF�� August 20,2003 A Warning - Verify design parameters and READ NOTES ON THIS AND INCLUDED MITEK REFERENCE PAGE Mll-7473 BEFORE USE It•It l Design valid for use only with MiTek connectors. This design is based only upon parameters shown, and is for an individual building component to be Installed and loaded vertically. Applicability of design paramenters and proper Incorporation of component is responsibility of building designer - not truss • designer. Bracing shown is for lateral support of individual web members only. Additional temporary bracing to insure stability during construction is the responsibillity of the erector. Additional permanent bracing of the overall structure is the responsibility of the building designer. For general guidance regarding fabrication, quality control, storage, delivery, erection and bracing, consult OST -88 Quality Standard, DSB-89 Bracing Specification, and HIB -91 Handling Installing and Bracing Recommendation available from Truss Plate Institute, 583 D'Onofrio Drive, Madison, WI 53719 i Te k'' . Job Truss Truss Type Qty Ply Biegler - Paradise Pines Commercial Par R9935636 HOLL0818 C1 FINK 2 1 (optional) Longfellow Lumber Co., Inc., Chico, CA 95928-7434 4.201 SR1 s Oct 17 2002 MiTek Industries, Inc. Tue Aug 19 13:45:06 2003 Page 2 NOTES 7) This truss has been designed with ANSI/TPI 1-1995 criteria. LOAD CASEIS) Standard 1) Snow: Lumber Increase =1.15, Plate Increase =1 .15 Uniform Loads (plf) Vert: 1-4=-119.0, 6-32=-166.0, 16-1'7=-144.0, 2-20=-14.0, 4-20=-59.5 Trapezoidal Loads (plf) Vert: 4= -144.7 -to -6=-166.0, 32= -166.0 -to -16=-144.0 A Warning - Verify design parameters and READ NOTES ON THIS AND INCLUDED MITEK REFERENCE PAGE 10111.7473 BEFORE USE Design valid for use onlywith MiTek connectors. This design is based only upon parameters shown, and, is for an Individual building component to be Installed and loaded vertically. Applicability of design paramenters and proper incorporation of component is responsibility of building designer - not truss designer. Bracing shown is for lateral support of individual web members only. Additional temporary bracing to insure stability during construction is the responsibillity of the erector. Additional pennanent bracing of the overall structure is the responsibility of the building designer. For general guidance regarding fabrication, quality control, storage, delivery, erection and bracing, consult OST -88 Duality Standard, DSB-89 Bracing Specification, and HIB -91 Handling Installing and Bracing Recommendation available from Truss Plate Institute, 583 D'Onofrio Drive, Madison, W1 53719 My P Tek Job Truss Truss Type Qty Ply Biegler - Paradise Pines Commercial Par 21-2-13 26-0-0 Plates Increase - 2-0-0 4-9-3 4.1-6 I I I 4-1-6 4-1-6 I 4-1-6 4-9.3 R9935637 HOLL0818 C2 FAN 10 1 Vert(TL) -0.34 10-12 >904 Rep Stress Incr YES (optional) Longfellow LumDer t.0., Inc., t-nico, t,A 9b9ZC-/434 4.ZU1 SH1 S Vct 1 / eUUZ Mllek Industries, Inc. fue Aug 19 1J:4b:U/ ZUU3 Page 1 DEFL -2-0-0 I 4-9-3 I 8.10-10 13-0.0 17-1-6 21-2-13 26-0-0 Plates Increase - 2-0-0 4-9-3 4.1-6 I I I 4-1-6 4-1-6 I 4-1-6 4-9.3 2-C-0 12 >999 Lumber Increase Scale = 1:48.8 4x6 - 5 JxO - 1z 11 lU =3 - 300 - 3x4 = 3x10 - LOADING (psf) TCLL 49.5 TCDL 10.0 BCLL 0.0 BCDL 7.0 8-10-10 17-1-6 ) 26-0-0 8-2-13 8.10.10 SPACING 2-0-0 CSI DEFL in (loc) I/defl Plates Increase 1.15 TC 0.99 Vert(LL) -0.20 12 >999 Lumber Increase 1.15 BC 0.76 Vert(TL) -0.34 10-12 >904 Rep Stress Incr YES WS 0.56 Horz(TL) 0.10 8 n/a Code UBC97/ANSI95 1st LC LL Min I/defl = 240 3) Unbalanced snow loads have been considered for this design. PLATES GRIP M1120 220/195 Weight: 119 Ib LUMBER BRACING TOP CHORD 2 X 4 DF No.1-G TOP CHORD Sheathed or 3-1-1 oc purlins. BOT CHORD 2 X 4 DF No.1-G BOT CHORD Rigid ceiling directly applied or 10-0-0 oc bracing. WEBS 2 X 4 DF Std -G REACTIONS (lb/size) 2=1965/0-3-8, 8=1965/0-3-8 Max Horz 2=90oad case 6) Max Uplift 2=-25(load case 7), 8=-25(load case 7) Max Grav 2=2098(load case 2), 8=2098(1oad case 3) FORCES (lb) - First Load Case Only TOP CHORD 1-2=45, 2-3=-3452, 3-4=-2861, 4-5=-2861, 5-6=-2861, 6-7=-2861, 7-8=-3452, 8-9=45 BOT CHORD 2-12=3163, 11-12=1994, 10-11 =1994, 8-10=3163 WEBS 4.12=-501, 6-10=-501, 3-12=-573, 5-12=1072, 5-10=1072, 7-10=-573 NOTES 1) This truss has been designed for the wind loads generated by 75 mph winds at 25 ft above ground level, using 10.0 psf top chord dead load and 7.0 psf bottom chord dead load, 100 mi from hurricane oceanline, on an occupancy category I, condition I enclosed building, of dimensions 45 ft by 24 It with exposure B ASCE 7.93 per UBC97/ANSI95 If end verticals or cantilevers exist, they are exposed to wind. If porches . exist, they are exposed to wind. The lumber DOL increase is 1.33, and the plate grip increase is 1.33 2) Design load is based on 49.5 psf specified roof snow load. 3) Unbalanced snow loads have been considered for this design. 4) Overhang has been design for 2.00 times live load + dead load. 5) This truss has been designed for a 10.0 psf bottom chord live load nonconcurrent with any other live loadsOF per Table No. 16-B, UBC -97. ESS/ Qjv, 6) A plate rating reduction of 20% has been applied for the green lumber members. QFi C AN� 7) This truss has been designed with ANSI/TPI 1-1995 criteria. �lL� . ,� F LOAD CASE(S) Standard C 17180 ZI * EXP. 06/30/05 */ sTq CIV (� lFOF CN_iFo August 20,2' Warning . Verify design parameters and READ NOTES ON THIS AND INCLUDED MITEK REFERENCE PAGE Mll-7473 BEFORE USE r Design valid for use only with MTek connectors. This design is based only upon parameters shown, and is for an individual building component to be a' Installed and loaded vertically. Applicability of design paramenters and proper incorporation of component is responsibility of building designer- not truss desi Bracing shown is for lateral support of individual web members only. Additional temporary bracing to insure stability during construction is the responsibillity of the erector. Additional permanent bracing of the overall structure is the responsibility of the building designer. For general guidance regarding fatrication, quality control, storage, delivery, erection and bracing, consult OST -88 Quality Standard, DSB-89 Bracing Specification, and HIB -91 Handling Inst36ing and Bracing Recommendation available from Truss Plate Institute, 583 D•Onofrio Drive, Madison, WI 53719 1� 0 Symbols Numbering System A General Safety Notes PLATE LOCATION AND ORIENTATION Failure to Follow Could Cause Property Damage or Personal Injury 1 3/4' *Center plate on joint unless dimensions indicate otherwise. Dimensions are in inches. Apply 1. Provide copies of this truss design to the plates to both sides of truss and building designer, erection supervisor, property securely seat. owner and all other interested parties. J2 J3 J4 2. Cut members to bear tightly against each 14* TOP CHORDS other. 1/ „� c2 ca 3. Place face truss g o _ y� 0 0 plates on each of at each joint and embed fully. Avoid-knots and wane at joint locations. v�� 3O. A U Unless otherwise noted, locate chord splices U4. a0 d at 1A panel length (± 6" from adjacent joint.) • For 4 x 2 orientation, locate ca c7 O BOTTOM CHORDS 5. Unless otherwise noted, moisture content of lumber shall not exceed 19% at time of fabrication. plates 1/8" from outside edge J 1 J8 J7 J6 of truss and vertical web. 6. Unless expressly noted, this design is not applicable for use with fire retardant or preservative treated lumber. • This symbol indicates the required direction of slots in JOINTS AND CHORDS ARE NUMBERED CLOCKWISE 7. Camber is a non-structural consideration and connector plates. AROUND THE TRUSS STARTING AT THE LOWEST JOINT is the responsibility of truss fabricator. General FARTHEST TO THE LEFT. practice is to camber for dead load deflection. WEBS ARE NUMBERED FROM LEFT TO RIGHT 8. Plate type, size and location dimensions PLATE SIZE shown indicate minimum plating requirements. The first dimension is the width 4 4 9. Lumber shall be of the species and size, and x perpendicular to slots. Second in all respects, equal to or better than the dimension is the length parallel CONNECTOR PLATE CODE APPROVALS grade specified. to slots. SOCA 96-31, 96-67 10. Top chords must be sheathed or purlins ICBO 3907, 4922 provided at spacing shown on design. LATERAL BRACING SBCCI 9667,9432A 11. Bottom chords require lateral bracing at 10 ft. spacing, or less, if no ceiling is installed, Indicates location of required WISC/DILHR 960022-W, 970036-N unless otherwise noted. continuous lateral bracing. NER 561 12. Anchorage and / or load transferring connections to trusses are the responsibility of others unless shown. 13. Do not overload roof or floor trusses with stacks of construction materials. BEARING Indicates location of joints at which bearings (supports) occur. 1114:10 K111 14. Do not cut or alter truss member or plate without prior approval of a professional engineer. i T&- 15. Care should be exercised in handling, orootion and in3talluliuii of liusses. MiTek Engineering Reference Sheet: MII-7473 © 1993 MiTek® Holdings, Inc. This safety alert symbol is uswd to attract your attention! PERSONAL SAFETY IS INVOLVED! When you see this symbol - BECOME ALERT - HEED ITS MESSAGE. CAUTION: ACAUTION identifies safe operating prac- tices or indicates unsafe conditions that could result in personal injury or damage to structures. HIB -91 Summary Sheet COMMENTARY and RECOMMENDATIONS for HANDLING, INSTALLING & BRACING METAL PLATE CONNECTED WOOD TRUSSES ° It is the responsibility of the installer (builder, building contractor, licensed contractor_ erector or erection contractor) to properly receive, unload, store, handle, install and brace metal plate connected wood trusses to protect life and property. The installer must exercise the same high degree of safety awareness as with any other structural material. TPI does not intend these recommendations to be interpreted as superiorto the project Architect's or Engineer's design specification for handling, installing and bracing wood trusses for a particular roof orfloor. These recommendations are based upon the collective experience of leading technical personnel in the wood truss CAUTION: The builder, building contractor, licensed contractor, erector or erection contractor is ad - Avised to obtain and read the entire booklet "Com- mentary and Recommendations for Handling, In- stalling & Bracing Metal Plate Connected Wood Trusses, HIB -91" from the Truss Plate Institute. DANGER: A DANGER designates a condition Awhere failure to follow instructions or heed warn- ing will most likely result in serious personal injury or death or damage to structures. AWARNING: A WARNING describes a condition where failure to follow instructions could result in severe personal injury or damage to structures. TRUSS PLATE INSTITUTE 583 D'Onofrio Dr., Suite 200 Madison, Wisconsin 53719 (608) 833-5900 - www.tpinst.org industry, but must, due to the nature of responsibilities involved, be presented as a guide for the use of a qualified building designer or installer. Thus, the Truss Plate Institute, Inc. expressly disclaims any responsibility for damages arising from the use, application or reliance on the recommendations and information contained herein by building designers, installers, and others. Copyright © by Truss Plate Institute, Inc. All rights reserved. This document or any part thereof must not be reproduced in any form without written permission of the publisher. Printed in the United States of America. CAUTION: All temporary bracing should be no less than 2x4 grade marked lumber. All connections Ashould be made with minimum of 2-16d nails. All trusses assumed 2' on -center or less. All multi -ply trusses should be connected together in accor- dance with design drawings prior to installation. TRUSS STORAGE CAUTION: Trusses should not be Aunloaded on rough terrain or un- even surfaces which could cause damage to the truss. CAUTION: Trusses stored horizontally should be JA . supported on blocking to prevent excessive lateral A CAUTION: Trusses stored vertically should be bending and lessen moisture gain. braced to prevent toppling or tipping. 9 9 WARNING: Do not break banding until installation DANGER: Do not store bundles upright unless A begins. Care should be exercised in banding remov- 11A properly braced. Do not break bands until bundles al to avoid shiftingof individual trusses. are placed in a stable horizontal position. WARNING: Do not lift bundled trusses by the bands.IlAprohibited. DANGER: Walking on trusses which are lying flat JA Do not use damaged trusses. is extremely dangerous and should be strictly F ' rame MONO TRUSS TOP CHORD TEM ARY BRACING SPAN NOW TOP CHORD MINIMUM LATERALBRACE PITCH SPACING(LBJ TOPCHORD DIAGONALBRACE SPACING(DBJ [#trusses] SP/DFSPF/HF Up to 24' 3/12 8' 17 12 Over 24'- 42' 3/12 1 T 10 6 Over 42'- 54' 3/12 1 6' 6 4 Over 54' See a registered professional engineer Note: Bottom chord & web member temporary bracing also required - refer to Frame 4. DF - Douglas Fir -Larch SP - Southern Pine HF - Hem -Fir SPF - Spruce -Pine -Fir Diagonal brace also required on end verticals. Top chords that are laterally braced can buckle together and cause collapse If there Is no dlago- nal bracing. Diagonal bracing should be nailed to the underside of the top chord when purlins are attached to the topside of the top chord. Vlew photos ofa properlybraced roo/system at www.tpinst.orgunder the "Publications" link. PLUMB ?q or/ess 0 12 064, V All lateral braces lapped at least 2 trusses. Continuous Top (.hnrri Lateral Brace — Required 10" or Greate J Attachment Required - A WARNING: Failure to follow these recommendations could result in severe personal injury or damage to trusses or buildings. A I I I Truss D/50 Depth 12" D(in) 1' I I Lesser of 2' D/50 or 2" t 1/4 3' Maximum Plumb Misplacement Line INSTALLATION TOLERANCES D(in) D/50 D(ft) 12" 1/4" 1' 24" 1/2" 2' 36" 3/4" 3' 48" 1 1" 4' m" 1-1/4" 5' 72" 1-1/2" 6' 84" 1 4" T 96" 2" 8' 108" 2" 9' Length L (in) ...::::::::................. T t 1/4t Lesser of L/200 or 2" BOW L (in) L (in) T ......:::::::::::::::::::::::......: t 1/4 Lesserof U200 or 2" L(in) L1200 L(ft) 50" 1/4" 4.2- 100" 1/2" 8.3' 150" 3/4" 12.5' L(in) L/200 L(ft) 200" 1" 16.7' 250" 1-1/4" 20.8' 300" 1-1/2" 25.0' OUT -OF -PLUMB INSTALLATION TOLERANCES OUT -OF -PLANE INSTALLATION TOLERANCES DANGER: Under no circumstances should A WARNING: Do not cut trusses. construction loads of any description be placed on unbraced trusses. Frame 6 ;k. WARNING: Do not attach cables, chains, or hooks WARNING: Do not lift single trusses with spans A nI I A to the web members. greater than 30' by the peak. Approximately Approximately 1/2 truss length 1/2 truss length Tag Truss spans lessthan 30' Line Spreader Bar, Toe In Spreader Bar Toe In Approximately 1/2 to 2/3 truss length Less than or equal to 60' Approximately 1/2 to 2/3 truss length Less than or equal to 60' Toe In MECHANICAL INSTALLATION Tag Lifting devices should be connected to Strongback/ Line the truss top chord with a closed-loop Spreader Bar attachment utilizing materials such as slings, chains, cables, nylon strapping, etc. of sufficient strength to carry the weight ofthe truss. Each truss should be set in proper position per the building designer's framing plan and held with the lifting device until the ends of the truss are securely fastened and tempo - Tag I rary bracing is installed. Line Tag Line Strongback/ Spreader Bar 2/3 to 3/4 truss length 10' 1 10' Toe In At or above mid -height 1_ Approximately 2/3 to 3/a truss length Tag Tag Greater than 60' Line Line CAUTION: Temporary bracing shown in this summary sheet is adequate for the installation of trusses with similar configurations. Consult a registered professional engineer if a different bracing arrangement is desired. The engineer may design bracing in accordance with TPI's Recommended Design Specification for Tem orarBracingof Metal Plate Connected Wood Trusses DSB-89> and A in some cases determine that a wider spacing is possible. GROUND BRACING: BUILDING INTERIOR 1" truss of bra group of truss End brace (EB) VI al 110 L GROUND BRACING: BUILDING EXTERIOR Typical vertical attachment Typical horizontal tie member with uss of braced up of trusses (EB) 2x4/2x6 PARALLEL CHORD TRUSS TOP CHORD TEMPORARY B ING DF - Douglas Fir -Larch SP - Southern Pine HF - Hem -Fir SPF - Spruce -Pine -Fir lel 9 The end diagonal brace for cantilevered trusses must be placed on vertical webs in line with the support. All lateral braces lapped at least — two trusses. Top chords that are laterally braced can buckle TOPCHORD together and cause collapse if there Is no dlago- TOPCHORD DIAGONALBRACE nal bracing. Diagonal bracing should be nailed MINIMUM LATERALBRACE SPACING(DBJ SPAN DEPTH SPACING(LB) [#trusses] are attached to the topside of the top chord. SP/DF SPF/HF Up to 32' 30" 8' 1 16 10 Over 32'- 48' 42" 6'1 6 4 Over 48'- 60' 48" 5' 1 4 2 Over 60' See a registered professional engineer DF - Douglas Fir -Larch SP - Southern Pine HF - Hem -Fir SPF - Spruce -Pine -Fir lel 9 The end diagonal brace for cantilevered trusses must be placed on vertical webs in line with the support. All lateral braces lapped at least — two trusses. Top chords that are laterally braced can buckle Continuous together and cause collapse if there Is no dlago- Top Chord nal bracing. Diagonal bracing should be nailed to the underside of the top chord when purlins Lateral BracE are attached to the topside of the top chord. Required View photos of s properlybraced roof system at www.Minst.org under the "Publications" link. 101 End diagonals are essential for stability and must be duplicated on both ends of the truss system. =45° Attachmei Required 20'(DB ) 10 trusses SPpMF 2,o.c. o1\esP A WARNING: Failure to follow these recommendations could result in severe personal injury or damage to trusses or buildings. A 4x2 PARALLEL CHORD TRUSS TOP CHORD TEMPORARY BRACING Top chords that are laterally braced can buckle together and cause collapse if there is no diago- nal bracing. Diagonal bracing should be nailed to the underside of the top chord when purlins are attached to the topside of the top chord. Viewphotos ofa properlybraced roofsystem at www.tainst.org under the "Publications" link. All lateral braces lapped at least - two trusses. =45° End diagonals are essential for stability and must be duplicated on both ends ofruss system. Frame 5 Continuous Top Chord Lateral Brace Required 10" or Greater Attachment Required 30" or greater Trusses must have lum- ber oriented in the hori- zontal direction to use this brace spacing. e • 12 -14 or greater PITCHED TRUSS 70P CHORD TEMPORARY BRACING Top chords that are laterally braced can buckle together and cause collapse if there is no diago- TOPCHORD DIAGONALBRACE SPACING(DBS) # trusses SP/DF I SPF/HF TOPCHORD T 17 12 TOP CHORD DIAGONALBRACE 9 6 MINIMUM LATERALBRACE SPACING(DBS) SPAN PITCH SPACING(LBS) F#trusses SP/DF SPF/HF Up to 32' 4/12 8' 20 15 Over 32'- 48' 4/12 1 6' 10 7 Over 48'- 60' 4/12 1 5' 6 4 Over 60' See a registered professional engineer Note: Bottom chord & web member temporary bracing also required - refer to: Frame 4. DF - Douglas Fir -Larch SP - Southern Pine HF - Hem -Fir SPF - Spruce -Pine -Fir All lateral braces lapped at least 2 Continuous Top Chord \ Lateral Brace trusses. Required 10" or Greatel r�-I Attachment Required - 32 Ottegs Top chords that are laterally braced can buckle together and cause collapse if there is no diago- TOPCHORD DIAGONALBRACE SPACING(DBS) # trusses SP/DF I SPF/HF nal bracing. Diagonal bracing should be nailed T 17 12 to the underside of the top chood when purlins 6' 9 6 are attached to the topside of,the top chord. 5' 5 3 View photos ofa properlybraced roofsystem at www.tpinst.org under the "Putfications " link. AWARNING: Failure to follow these recommendations could result in severe personal injury or damage to trusses or buildings. A SCISSORS TRUSS TOP CHORD TEMPORARY BRACING MINIMUM PITCH SPAN DIFFERENCE TOPCHORD LATERALBRACE SPACING(LBS) TOPCHORD DIAGONALBRACE SPACING(DBS) # trusses SP/DF I SPF/HF Up to 28' 2.5 T 17 12 Over 28'- 42' 3.0 6' 9 6 Over 42'- 60' 3.0 5' 5 3 Over 60' See a registered professional engineer Note: Bottom chord & web member temporary bracing also required - refer to Frame 4. DF = Douglas Fir -Larch SP = Southern Pine HF = Hem -Fir SPF = Spruce -Pine -Fir Continuous Tnn Chnrri Lateral Brac Required 10"orGi Attachmen Required Top chords that are laterally braced can buckle together and cause collapse if there is no diago- nal bracing. Diagonal bracing should be nailed to the underside of the top chord when purlins are attached to the topside of the top chord. Viewphotos ofa properly braced roofsystem at www.tpinst.org under the "Publications" link. All lateral braces lapped at least 2 trusses. 17J or ie mss Frame 3 s12 X /���• M145o • 12 4 or greater Bottom chord diagonal bracing repeated at each end of the building and at same spacing as top chord diagonal bracing. BOI& CHORD TEMPORARY BRACING SPAN MINIMUM PITCH BOTTOMCHORD LATERALBRACE SPACING(LB) BOTTOM CHORD DIAGONALBRACE SPACING(DBs) [#trusses] Up to 32' 4112 15' 1 20 1 15 Over 32'- 48' 4112 1 15' 1 10 1 7 Over 48'- 60' 4112 1 15' 1 6 1 4 Over 60' See a registered professional engineer DF - Douglas Fir -Larch SP - Southern Pine HF- Hem -Fir SPF - Spruce -Pine -Fir c,%V c -%V All lateral braces lapped at least 2 trusses. ,,%V BOTTOM CHORD PLANE WARNING: Failure to follow these recommendations could result in A severe personal injury or damage to trusses or buildings. Temporary cross bracing at each end of the building and repeated at WEB MEMBER PLANE Frame 4 ..4, .J 0 - , n__ — oun Eatte LAND OF NATURAL WEALTH AND E•EAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965.3397 TELEPHONE: (530) 538-7601 (j FAX: (530) 538-7785 OCT - 5 2004 CLERK October 4, 2004 NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE. DECLARATION In accordance with the California Environmental Quality Act (CEQA), Butte County has prepared an Initial Study and is considering the adoption of a Mitigated Negative Declaration for the following project: MITIGATED NEGATIVE DECLARATION/USE PERMIT Larry Biegler and Wallace Schwartz, Use Permit to establish one single family dwelling on each parcel. The parcels are located in the Community Commecial zone. The proposed single family dwellings will be placed on adjacent vacant lots. Surrounding uses are a mix of commercial, single family dwellings and multi -family dwellings. The property is located on the north side of Hollywood Road, approximately 400 feet east of Skyway, in Magalia. • APN 065- 460-019 and APN 065-460-020. (NIM) (File # UP 04-13) The California Environmental Quality Act requires this notice to' disclose whether any listed toxic sites are present. The project location does not contain a listed toxic site. The Initial Study/Mitigated Negative Declaration and reference documents for this project are on file for public review starting October 7, 2004, through November 6, 2004, at the Butte County Planning Division, 7 County Center Drive, Oroville, California. All interested persons are invited to review the documents. The document will be available for review at Butte County Department of Development Services, 7 County Center Drive, Oroville and the Paradise Library. Written comments will be accepted by the Planning Division at the above address. Any. written comments on the Initial Study/Mitigated Negative Declaration must be received at the above address within the public review period. If you challenge the Initial Study/Mitigated Negative Declaration in court, you may be limited to raising only those issues you or someone else raised in written correspondence delivered to the Planning Division. The Butte County Planning Division will hold a public hearing on this project, the date, time, and location of which has not yet been determined. Landowners within r, s 300 feet of the project site will receive written notice as to the date, _time, and location of the Planning Commission hearing. For further information regarding this project, please contact Mark Michelena, project planner, at (530) 538-7376. YVONNE. CHRISTOPHER, DIRECTOR OF DEVELOPMENT SERVICES To be published in the Paradise Post on Thursday, October 7, 2004. Butte County Department ofDevelopment Services 7 County.Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile July 27, 2005 Larry Biegler P.O. Box 1415 Chico, CA 95927 RE: UP 04-13 APN 065-460-0190and 065-460-020 Dear Mr. Biegler: Enclosed is the "Notice of Intent To Adopt A Mitigated Negative Declaration" which may have been inadvertently omitted from our previous correspondence with you. This is for your files. Thank you, - Sherry L. Vi rues Office Specialist, III enclosufe A K Ip t a n n i n g/p roj e c is/u p/b i e g l e r "7__.i..._.._ ..__.. 65-46 PARADISE PINES COI&INERCIA L PA R6< Tax 93-05 PTN. EC. 24, T IVP. 23 N. R. 3 E. Al. Y.5 M. jAr2At'»SG 1 -Areo C z5 - 35 f 30 3o y•• rf+ _r'E. B2 299. 82 w b VINE ROAD hs b 3i. r �' � Sr9. B2 .• .. ci7. L .. 6O.:i 6i..0 Er.. I' 20 so 40 TLP 8�-s3 - o c 3 30 20 24 to urs 190-i& o o o° : = 5 O 4:' a Ali. V j ►5 %ti v 43 w 4,2 N -►, i N r! i 1 O o 0 _. Q Ei s C r 4, 0 0 6y.0 C. C. r' F..'.✓ b b � s/: r .( . .0 ;,� B2_..__.. o.O _ CIIo cc. �' ECi'. �' tC.0 ci ._ GL Efi. :j •n $.r. N� 0 2`+ 28 33 34 35 36 O 39; 2 ` . n O /O `// /2 /3 /4 /5 /6 J r ; r.. n '- o (7.) Nc �J ., ��ZAI -C NJ `•AID AD ro B (ID .; DO a : ;G N Nj s w 1�: ,G �' (2* 30 3/ 32 -tAD 3i. T 7 AC .14 T _ e�5'd C0 5 b CE \ 3'c 5 T ,5- WAy \z SKY 24 r!'asJ Lino Soe, 24 -- W//4Cor. Assessors' /glop A'o. 65-46 County of �'vtle, Co /'• '(, ..St }'!i' -•F:- ,l%i�Y�...=L . /�'� -' Tc6. .:7 ..cG. �_'r� 3.3 ,r r.iY .'5 � .' 't ju uQr.J, IJT/ COUNTY OF BUTTE OFFICE OF PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3397 RETURN SERVICE REQUESTED PUBLIC HEARING NOTICE w'' I I 012H16205578 a 1100.352 2/ 004 = mailed From 95965 US POSTAGE DELUCCHI PAUL A 284 CRESTA VISTA DR SAN FRANCISCO CA 94127 DELU284 941272004 1504 S0 11/06/04 RETURN TO SENDER DE LUCC141 " PO BOX 1225 WEST SACRAMENTO CA 95691-1225 p RETURN aTO SENDER JIUBi�S`:�7•' _ _ . 1!?f?'�?�:iEtst:?�i3i3f?�.??ii?.-!4?I?�:a�?di?ii:?�i