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HomeMy WebLinkAboutUP 04N-25Correspondence Log Sheet Applicant: Sohn and Debra Folsom Project Number: UP 04N-25 APN: 028-030-028 'Date Name/Agency Correspondence/Comments =Attachments ' Action' Received K:\Planning\Projects\Log Sheet.dot 1 PROJECT SUMMARY SHEET FILE NO.: UP 04N-25 PROJECT TYPE: Use Permit APN: 028-030-028 APPLICANT:' John and Debra Folsom ADDRESS: 1021 Lower Honcut Road, Oroville, CA 95966 PHONE: (530) 742-3647 OWNER: John and Debra Folsom ADDRESS: 1021 Lower Honcut Road, Oroville, CA 95966 REPRESENTATIVE: David G. Anderson ADDRESS: 6402 Skyway, Paradise, CA 95969 PROJECT DESCRIPTION: Use Permit to allow the expansion of an existing dog training kennel from 30 dogs to 120 dogs. The existing kennel was approved by Use Permit 87-8 LOCATED: on the north side of lower Honcut Road, approximately 2.5 miles east of SR -70, at 1021 Lower Honcut Road, Honcut area PROPERTY ZONED: GENERAL PLAN DESIGNATION TOWN/AREA: A-5 (Agricultural, 5 -acre parcels) OFC (Orchard & Field Crops) Oroville 5,q4 1. Application accepted: 4/13/2004 Amount: $ 3,399.00 Receipt #: 395591 2. Assigned To: Stephen Betts 3. Comments sent to: Development Services Director, Public Works Director, Environmental Health, Assessor, LAFCo, Agricultural Commissioner, CDF, Building Manager, County Counsel, Air Quality Management, Animal Control, Caltrans, RWQCB, DFG 4. Sent to Inter -Departmental Review Committee (IDR): 04/22/04 5. Status Letter sent to applicant: 04/22/04 6. Date scheduled for IDR: 5/5/2004 7. Comments received from: 8. Rezone Petition Signatures Checked: 9. Mailing List/Lead-in Sheet: 10. Environmental Determination: State Clearinghouse No: Subject to Fish & Game: Categorical Exemption-CEQA#_ Negative Declaration Mitigation Negative Declaration 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 Notice Written: Display Ad Prepared: 14. Notices Mailed: Number of Notices: 15. Newspaper Publication Date: 16. Planning Commission Hearing(s): Action taken: 17 18. 19 20. 21. 22. Board of Supervisors' Hearing(s): Action taken: Board Resolution No.: Type Use Permit/Send for signature: N.O.E. / N.O.D. / APPENDIX G: O C P G B Ordinance No: Adopted: Fish & Game Fees Paid: Yes No Send validated Use Permit to applicant, representative: Assessor's Memo (Use Permit, Minor Use Permit): Copy of Use Permit to Planning Technician: 0 r 0 0 John and Debra Folsom, proposed Negative Declaration with mitigation measures regarding environmental impacts Use Permit to allow the expansion of an existing dog training kennel from 30 dogs to 120 dogs. Additional development includes an addition to the existing dog kennel structure and construction of a new dog kennel structure. The property is zoned A-5 (Agricultural — 5 acre parcels) and is located on the north side of Lower Honcut Road, approximately 2.5 miles east of SR -70, at 1021 Lower Honcut Road, south of Oroville. APN 028-030-028 and 028-030-027 (SB) (UP 04-25) Commissioner Wilson excused himself from this hearing. Mr. Betts gave a brief summary of the project and a power point presentation. Commissioner Lambert asked why the application is for two 40 -acre parcels when the kennel is located on one 40 -acre parcel. Mr. Betts explained that the applicant does field work with the dogs and uses both parcels while training the dogs. He noted that if the applicant wanted another structure, they would need another Use Permit. Ms. Christopher agreed that the kennel needed the open space to train the dogs. Doug Fogel, Environmental Health, said in Condition 11, the size of the septic is based on the volume of flow by the size of the animals. Wendy Jones, Animal Control, said she inspected the facility and it is very clean and very professional, with no complaints. The hearing was opened to the public. Debra Folsom said the kennel has been at this location for 19 years and she would like to expand. She said she owns 40 acres to the east and 40 acres to the west. She said there is a hunting duck club to the west also. She said her 120 acres is entirely fenced. She said all development of the kennel will be on the center parcel. Commissioner Leland asked if they should include the third parcel in this request. Ms. Folsom said that 90 percent of the training takes place in the kennel yard... Ms. Christopher said that staff will have to look at this again for impacts if the outside training area was increased. Ms. Folsom said she had no problems keeping this request to the 80 acres. She said she read and understood the conditions as listed. Mr. Betts pointed out that Condition 6 is there in case there is a problem with noise. ■ BUTTE COUNTY PLANNING COMMiSS(ON ■ AGENDA ■ FEBRUARY 24, 2005, ■v PAGE 28 ■ Ms. Christopher asked if conditions from the old permit were listed on this permit. a Mr. Betts said these new conditions would override the old conditions. Ms. Christopher asked if Condition 8 on Use Permit 87-8 regarding noise levels at the property line should be added to this Use Permit if approved. Mr. Wannenmacher questioned carrying over Condition 7 from the old permit also. Mr. Betts noted that the site plan shows the development. Ms. Folsom had no objections to carrying over conditions from the old Use Permit to the new. She said this is a training kennel and not a boarding kennel. She said there are times when a dog will come back for further training. She explained, the process. Ms. Jones said the NWSPCA was contacted when the original permit was received, but the kennel is now handled by Animal Control. Ms. Folsom said there is another kennel closer to the neighbors than her. Ms. Christopher said that old Condition 8 was pro active, whereas the new condition is re -active if there are complaints. Ms. Folsom said the old Use Permit quoted a specific noise level and was in agreement to carry the condition forward. David Anderson said they plan for the building to be made of concrete blocks and have concrete floors which helps with the noise. He said the kennels are cleaned every day. The hearing was closed to the public and comments confined to the Commission and staff. It was moved by Commissioner Nelson, seconded by Commissioner Lambert, and carried to approve the Use Permit for John and Debra Folsom subject to the findings and conditions listed below, changing Condition 11 to add "Prior to issuance of Building Permit" and add new Condition 8 to read "Shielding or construction to be developed to keep noise levels,to a minimum and not- to exceed 60 dB at property line, pursuant to the Noise Element of the General Plan.", and renumber the remaining conditions: 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 ■ BUTTE COUNTY PLANNING COMMISSION AGENDA FEBRUARY 24, 2005, ■v PAGE 29 ■ w 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 John and Debra Folsom, Planning Division File No. UP 04-25, would have a significant effect on the environment. The custodian of the record is the Planning Division of the Development Services Department. The location of the record is 7 County Center Drive, Oroville, CA 95965. 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 through 3, as detailed in the Agenda Report dated February 24, 2005. 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 UP 04-25 for John and Debra Folsom, subject to the following findings and the conditions in Exhibit "A": A. The project would not conflict with, impair or be detrimental to the uses both permitted and conditional of the zone in which it is located and/or adjoins, based ; upon the findings in Section B below. B. The proposed use of the property will not impair the integrity and character of the zone in which the land lies, and that the use would not be unreasonably incompatible with, or injurious to, surrounding property, or detrimental to the health, safety and general welfare of the persons residing or working in the neighborhood, or to the general health, welfare and safety of the County because: . V 1. The existing dog kennel is professionally operated and has been in business ■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA7—m FEBRUARY 24, 2005, ov PAGE 30 ■ I since 1987. The existing kennel operation has not received any noise complaints or other violation notices. 2. No impacts to ground or surface waters would occur because solid and liquid wastes from the dogs will be disposed of in dedicated, on-site septic systems. 3. No objectionable odors would be detected off-site because solid wastes from the dogs are required to be picked up on a daily basis. ; - 4. Noise from the dogs are not expected to create any significant impacts �- because the nearest off-site dwellings are located approximately 1,490 feet to 117 the southeast and 2,240 feet to the east. C. The proposed location, size, design, and operating characteristics of the proposed use is in accordance with the purpose of the zone in which the site is located, the Butte ._ County general plan, and the development policies and standards of the County because: 1. The project is consistent with the A-5 zone, which allows a dog kennel with a Use Permit. 2. The project is consistent with the Orchard and Field Crops General Plan land use designation, which lists intense animal uses as a Secondary Use. D. The project would not have any impacts to existing or future agricultural uses. Conditions of Approval: Planning Division: 1. Mitigation Measure # 1: Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. Follow the dust control measures listed below: a. Water shall be applied by means of truck(s), hoses, and/or sprinklers as needed prior to any land clearing or earth movement to minimize dust emissions. - b. Haul vehicles transporting soil into or out of the property shall be covered. C. Water shall be applied to disturbed areas a minimum of two (2) times per day or more as necessary. d. On-site vehicles shall be limited to a speed of 15 mph on unpaved roads. e. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action ■ BUTTE COUNTY PLANNING COMMISSION AGENDA FEBRUARY 24,•2005, ■v PAGE 31 ■ ,; 0 • within 24 hours. The telephone number of the Butte County Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions). f. All visibly dry disturbed soil surface areas of operation shall be watered to minimize dust emissions. g. Existing roads and street adjacent to the project shall be cleaned at lease once per day unless conditions warrant a greater frequency. Plan Requirements: This note shall be placed on all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Department of Development Services shall ensure that this note is placed on all building plans and shall spot check and shall ensure compliance on-site. Butte County Air Quality Management District inspectors shall respond to nuisance complaints. 2. Mitigation Measure # 2: Should development 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. Recommencement of development activities shall not occur until clearance is provided by the Butte County Department of Development Services. 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: This note shall be placed on all building and site development plans. Timing: This measure shall be implemented during all site development activities. Monitoring: Should cultural resources be discovered, the landowner shall notify the ;w Department of Development Services and a professional archaeologist. The Department of ; Development Services shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 3. Mitigation Measure # 3: The kennel operator shall pick up solid wastes from the dogs at least once per day and dispose of the wastes in a septic system approved by the Butte County Environmental Health ■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA FEBRUARY 24, 2005, ■v PAGE 32 ■ Division. All water runoff from cleaning of the kennel floors shall drain into an approved septic system. Plan Requirements: This mitigation measure shall be a condition of the Use Permit. Timing: The mitigation measure shall be adhered to during the entire operational life of the kennel. Monitoring: The kennel operator shall be responsible for picking up dog wastes at least - once per day and disposing of them in an approved on-site septic system. The kennel operator shall be responsible for ensuring that drainage from cleaning of the kennel floors drains into the septic system. The Department of Development Services, the Environmental - Health Division, and the Animal Control Division shall respond to complaints concerning odors and contaminated water runoff. 4. Use of firearms for dog training shall be limited to daylight hours. Dogs shall be under the direct control of trainers when outside of the kennel structure. 6. If the Department of Development Services or other County departments receive noise - related complaints regarding the dog kennel and the level of noise is in excess of established standards, the applicant shall implement recommendations of the Department of Development Services to reduce the noise impacts. In response to any pattern of noise complaints, the Development Services Department, at the expense of the applicant, shall conduct a noise analysis to establish the compliance of the project with standards in the Noise Element of the General Plan. Currently, the Noise Element establishes that acceptable levels of noise for the project area of up to 60 decibels Ldn or CNEL. If noise -levels are in excess of established standards, the project applicant is required to reduce noise levels through recommendations of the Development Services Department, which may include, but ; n are not limited ' to, building noise attenuation devices that provide some relief to nearby homes, erecting a sight obscuring fence so that the dogs can't see off the site, placing bark collars on the dogs that bark, or other recommendations. Any implemented - recommendations to reduce noise would be subject to building permits, if required, and other applicable conditions. 7. Prior to issuance of building permits, obtain the necessary permits) from the Butte County Animal Control Office. Provide documentation from the Animal Control Office that the necessary permits have been obtained or are not required 8. Shielding or construction to be developed to keep noise levels to a minimum and not to exceed 60 dB at property line, pursuant to the Noise Element of the General Plan. Public Works Division 9. Prior to issuance of a building permit, obtain an encroachment permit and improve all new and existing driveway approaches to publicly maintained roads as specified in the County ■ BUTTE COUNTY PLANNING COMMISSION AGENDA FEBRUARY 24, 2005, ■v PAGE 33 ■ Improvement Standards and the terms of the encroachment permit. 10. Prior to issuance of a building permit, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall detail existing drainage conditions and shall specify how drainage waters shall be detained or retained 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. 11. Prior to issuance of a building permit, establish 100 year flood plain elevations and the lowest floor elevations for any, structures, in accordance with Butte County Code §26-25. Show on the site plan the elevations (by contours) and the location of an accepted NGVD29 (National Geodetic Vertical Datum of 1929) benchmark and a temporary benchmark on-site. Environmental Health Division 12. Prior to issuance of Building Permit, septic system for the new kennel and up to ten (10) employees shall be installed under permit from the Butte County Environmental Health Division. 13. The bottom of any leach line shall have adequate separation from groundwater and all parts of the septic system shall be at least fifty (50) feet from seasonal ponds. Butte County Fire Department/CDF 14. Provide an all weather access to all structures that is at least 10 feet wide and has a vertical clearance of 15 feet that will accommodate a 40,000 pound fire apparatus. County Counsel 15. 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 thanthe applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. There is a 10 -day appeal period on all decisions with the Clerk of the Board ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ FEBRUARY 24, 2005 ■ PAGE 34 ■ n Ah owl DEPARTMENT OF DEVELOPMENT SERVICES BUTTE COUNTY UNIFORM APPLICATION APPLICANT: Agent information to be provided is on page 2 APPLICANT'S NAME: (If application is different from owner an affidavit is required.) A�SSSSE�SS R'S PARCEL NUMBER: -02� `F- oL-so U" 1 �- �0 ADDRESS: STREET, CITY, STATE, & ZCODE sFILE O1LD ����'OVL� NUMBER:(F0OFFICE USE) aP '� NAMEOF PROPOSED PROJECT (If any) gsCla EvE TELEPHONE:HiG�7F LOCATION OF PROJECT (Major cross streets and Address, if any) V2-/ 2- I La w EP- 1�01V CGS r PD, GENERAL INFORMATION REQUIRED OWN E 'S NAME: ELEPHONE: 0 H N I— PF—B kh PD L_SGM 7cS 30 )7�2- 36' �47 ` P (I0 CITY, STATE, 8c �IP CODE: ADDR =SS' LO w E (z HON1�1� �L— FC//4 ZONE A-5-OPC GENERAL PLAN EXISTING LAND USE pQ 6 NNE SITE SIZE (in Square Feet or Acres) L4 o i EXISTING STRUCTURES (in Square Feet) PROPOSED STRUCTURES (in Square Feet) sig5 4 O!Z 5-6219116 Sr' -(Check One) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER Q PROPERTY IS OR PROPOSED TO BE ON SEPTIC ( PROPERTY IS OR PROPOSED TO BE ON WELL WATER APPLICATION REQUESTED ❑ GENERAL PLAN AMENDM N� n {�? TENTATIVE SUBDIVISION MAP ❑ REZONE C L ❑ TENTATIVE PARCEL MAP USE PERMIT WAIVER OF PARCEL MAP ❑ MINOR USE PERMIT APR 1 3 + BOUNDARY LINE MODIFICATION A f 1 ❑ VARIANCE LEGAL LOT DETERMINATION ❑ MINOR VARIANCE COUI4TY CERTIFICATE OF MERGER gU1TE ❑ ADMINISTRATIVE PERMIT PLANING DIVISION 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.) I'D CbG 5 A-f`&J e -6,.T M e vJ w i srhe5 TV UAY: IGc--h)ticl. SjiX- 7-6 AIAVao-) 40Soa6 415e0 ' gAmeA,6 fr-4-C4LIriers a lZ D Da 65'. 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 went is to be authorized, execute an affidavit'on an 'nc e affidavit with this application.) DATE: — / ' O q SIGNATURE: KAFORM S\UN I FORM APPLICATION Page I of 2 AGENT AUTHORIZATION TO: Butte County, Department of Development Services: Y� /�/ / OI S E GF S I CAt G kQ UP Phone Number ?23 -,71 43J Print Name (4-02 Mailing Address is hereby authorized to process the application for 06r, TAf4M IAK KEMEI— PEXIV iSION on my property, identified as Butte County Assessor Parcel Number: APN# O XV 0 -30 - Q n This authorization allows representation for all applications, hearings, appeals, etc. and to sign all documents necessary for said processing, but not including document(s) relating to record title interest. Owner(s) of Record: (sign and print name) Architect and/or Engineer: 0 e7zsv,J Print Name of Architect!£-rtgiTie'E" Ma�l� Address FOR OFFICE USE ONLY Verify: Date Received: Taken by ❑ AP Number(s) ❑ Owners Authorization ❑ Project Description (Y10.✓-� ►'1�1 t the le.rl0.. WIWI i► i / r Print 7� Signature Phone Number( s50) 877--� Total Amount Received: � 3 � 9 - 0-6 ❑ Legal Description ❑ Zoning Requirements ❑ Copies of plot plan Receipt No. 2 q 575ctl PW/LD WS -00 Plan 2. gg0-Cb E.H. '\bS-00 CDF %A—Stb NOD/NOE Fees :Ve •M 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:`,F0RMS\UNI170RM APPLICATION Page 2 of 2 COUNTY OF BUTTE ENVIRONMENTAL INFORMATION FORM (To be completed By Project Applicant) Date Filed L4 13 tog GENERAL INFORMATION: i & 2 3. Name and address of owner, and/or developer, and/or project spon Address of project: X02% LOwEk NCU71LtE Assessor's Parcel Number: C 2Z — 03 0 .2- Name, address, and telephone number of person to be contacted concerning this project: 4. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal. agencies: 5. Existing general plan designation: OT - 6. Existing zoning district: ' AC—,��rv�r���- ok J 7. How is land currently used?I k61 N % A1l4 ���AIAIEL 8. Proposed use of site (Project for which this form is filed): ��/r�� _ / Al 0 KEN Al EI - Project Description: �d 9. Site size: Ae' (Acres/Sq. Feet) 10. Off-street parking spaces: Full size: N Compact: Total: 11. Plans attached: Yes _I/No 12. Proposed development schedule a6'- 74& D _T L)f~S SCOW c. JAI c -F& -W5& IvU�14.,b611- 41M 0tjCP &-S r.(16 13. Associated projec 14. Anticipated incremental or phased development pgk-i)�.n E)1'7a 6 tJ rl,A/tiG� ❑ Butte County Department of Development Services ❑ Planning Division ❑ 9 �,b 0 0 Attach description of project containing the following information: 15. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected. 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area and loading facilities. 17. If industrial, indicate type, estimated employment per shift, and loading facilities. 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, conditional use, rezoning application, or any development permits, state this and indicate clearly why the application is required. If permits have already been issued, please attach as Exhibit Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary). YES NO 20. Change in existing features of any hills, buttes, canyons or substantial alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or roads. ✓ 22. Change in pattern or character of general area of project. ✓ 23. Significant amounts of solid waste or litter. ✓ 24. Change in dust, ash, smoke, fumes or odors in vicinity. 25. Change in bay, lake, river; stream or ground water quality or quantity, or alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels / V 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. 61-11. 29. Substantial change in demand for municipal services , / (police, fire, water, sewage, etc. including special districts). V 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. ❑ Butte County Department of Development Services ❑ Planning Division ❑ W r Environmental Setting: (Attach brief description) 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one -family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set -back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. - -a 71 Date Signature K:\Planning\FORMS\Submittal\ENV-INFO.FRM 0 Butte County Department of Development Services ❑ Planning Division O n_ NOTICE OF DETERMINATION TO: ® Butte County Clerk ❑ Office of Planning and Research 1400 Tenth Street P.O. Box 3044 Sacramento, CA 95812-3044 FILING NO. BUTTE COUNTY APR 19 2005 - r ,c Ii SE�. cES APR -- 6 C�1h!iikC,E .! ` FROM: Butte County Department of Development Services, Planning 7 County Center Drive, Oroville, CA 95965 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. AP Number: 028-030-028 Project Title: UP 04N-25, Use Permit Applicant: John and Debra Folsom, 1021 Lower Honcut Road, Oroville, CA 95966 Contact Person: Stephen Betts Telephone Number: 538-7601 Project Description: Use Permit to allow the expansion of an existing dog training kennel from 30 dogs to 120 dogs. The existing kennel was approved by Use Permit 87-8 Project Location: on the north side of lower Honcut Road, approximately 2.5 miles east of SR -70, at 1021 Lower Honcut State Clearinghouse Number (If submitted to clearinghouse): This is to advise that the Butte County Planning Commission has approved the above-described project on January 24, 2005, and has made the following determinations regarding the above-described project: 1. The project ❑will, X will not, have a significant effect on the environment. 2. ❑An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. 3. X A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 4. Mitigation measures X were, ❑were not, made a condition of the approval of the project. 5. A statement of overriding considerations ❑was, X was not, adopted for this project. This is to certify that the final E1R, with comments and responses and record of project approval, is available to the general public at: Date received for filing and posting at OPR Butte County Department of Development Services 7 County Center ive Oro lle, CA 95 65�/ Director - Dekelot)ment Services Mitigation Measures: 1. Mitigation Measure # 1: Dust generated.by the development activities shall be kept to a minimum with a goal of retaining dust on the site. - Follow the dust control measures listed below: a. Water shall be applied by means of truck(s), hoses, and/or sprinklers as needed prior to any land clearing or earth movement to minimize dust emissions. b. Haul vehicles transporting soil into or out of the property shall be covered. C. Water shall be applied to disturbed areas a minimum of two (2) times per day or more as necessary. d. On-site vehicles shall be limited to a speed of 15 mph on unpaved roads. e. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions). f. All visibly dry disturbed soil surface areas of operation shall be watered to minimize dust emissions. g. Existing roads and street adjacent to the project shall be cleaned at lease once per day unless conditions warrant a greater frequency. Plan Requirements: This note shall be placed on all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Department of Development Services shall ensure that this note is placed on all building plans and shall spot check and shall ensure compliance on-site. Butte County Air Quality Management District inspectors shall respond to nuisance complaints. 2. Mitigation Measure # 2: Should development 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. Recommencement of development activities shall not occur until clearance is provided by the Butte County Department of Development Services. 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 3 be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains." Plan Requirements: This note shall be placed on all building and . site development plans. Timing: This measure shall be implemented during all site development activities. Monitoring: Should cultural resources be discovered, the landowner shall notify the Department of Development Services and a professional archaeologist. The Department of Development Services shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. Mitigation Measure # 3: The kennel operator shall pick up solid wastes from the dogs at least once per day and dispose of the wastes in a septic system approved by the Butte County Environmental Health Division. All water runoff from cleaning of the kennel floors shall drain into an approved septic system. Plan Requirements: This mitigation measure shall be a condition of the Use Permit. Timing: The mitigation measure shall be adhered to during the entire operational life of the kennel. Monitoring: The kennel operator shall be responsible for picking up dog wastes at least once per day and disposing of them in an approved on-site septic system. The kennel operator shall be responsible for ensuring that drainage from cleaning of the kennel floors drains into the septic system. The Department of Development Services, the Environmental Health Division, and the Animal Control Division shall respond to complaints concerning odors and contaminated water runoff. DECLARATION OF FEES DUE • (California Fish and Game Code Section 711.4) Name and address of applicant: John and Debra Folsom 1021 Lower Honcut Road Oroville, CA 95966 Project Title/File Number: Use Permit, UP 04N-25 APN: 028-030-028 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION / STATEMENT OF EXEMPTION ❑ A. Statutorily or Categorically Exempt $36.00 Clerk's Documentary Handling Fee X B. De Minimis Impact - Certificate of Fee Exemption $36.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION - FEE REQUIRED ❑ A. Negative Declaration $1,250 State Filing Fee $36.00 Clerk's Documentary Handling Fee ❑ B. Environmental Impact Report $850 State Filing Fee $36.00 Clerk's Documentary Handling Fee 3. OTHER (Specify) ❑ $36.00 Clerk's Documentary Handling Fee PAYMENT / NON-PAYMENT OF FEES: 1. X PAYMENT: The above fees have been paid. See attached receipt(s): # 395591 2. ❑ NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Yvonne Christopher Title: Director - Development Services Lead Agency: Butte County Department of Development Services Date: January 24, 2005 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FILING FEE EXEMPTION De Minimis Impact Finding (Fish and Game Code Sec. 711.4; Section 753.5c, Title 14, California Code of Regulations) Project Title/Butte County Location: UP 04N-25, on the north side of lower Honcut Road, approximately 2.5 miles east of SR -70, at 1021 Lower Honcut Project Description: Use Permit to allow the expansion of an existing dog training kennel from 30 dogs to 120 dogs. The existing kennel was approved by Use Permit 87-8 Findings of Exemption (attach as necessary): 1. The County of Butte has conducted an Initial Study and prepared a Negative Declaration so as to evaluate the potential of this project for adverse environmental impact: 2. When considering the record as a whole, there is no evidence before the County that the project will have potential for an adverse impact on wildlife resources or the habitat upon which the wildlife depends. The County of Butte has, on the basis of substantial evidence, rebutted the presumption of adverse effect contained in Section 753.5 (d), of Title 14, California Code of Regulations, if applicable. 4. The project is hereby found to -be de minimis in its effect on wildlife and exempt from the State Fish and Game filing fees required by Section 711.4 of the Fish and Game Code. Certification: I hereby certify that the County of Butte has made the above findings of fact and that based upon the initial study and hearing record the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. Lead Agency: County of Butte Date: March 30, 2005 COUNTY OF BUTTE ' i. AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT OROVILLE,CA ATR NO 73295 RECEIVED FROM PLANNING BAG fp 330 DATE 4ii W004 FUND FUND. DEPT ACCT CASH DESCRIP-nm TITLE CODE CODE CODE CODE. AMOUNT DEPOSIT DATE: 4115 RECEIPTS: -4114 PLANNING APDL FEES GENL 0010 440*01. 421R�00 101001 G,M.31 Project Number Amount of Fee APN:CM,341-027 MT VIS RV PK UP04-24. 'UP04-24 $700.00 APN:0G8-34l-0i7MTVIS RVPI. $2,270.00 .APN:M-030-M HIGHST RET IN UP04-q,5 $2,970.00 LAND DEVELOPMENT GENL 0010 440004 4611700 101001 .330.00 Project NuMber Amount of Fee APN:00-34i -027 MT VIS RV PK UP0424 $150.00 A.PN:068-341,-027 MT VIS RV PK UPID4:-24 16.00. A 028 PN: -630-OM:HIGHST RET -(N-'UP0W,-25*.$ 165.00. ENVIRONMENTAL HLTH GENL Colo .540= 4614901 101001 370.00 Project Number Amount of Fee APN:068-341-027 MT VIS RV PK UP04-24 W5.00 APN:028-030-M HIGHST RET IN UP04-25 $185.00 FIRE PLNG APPL FEE FIRE PROTECT 0100 4617240 101001 86.00 Project Number Amount of Fee APN:068-341-027 IST VIS RV PK UP04-Z4 '$43.()a APN:0284M-028 HIGHST RET INUP04'.;'25 $43.00 NODINOE CLERK'S FILING FEE GENL 0010 470001 4612319 101001 72.00 (sw) Project Number Amount.of Fee AP-NHQ8-34i -02-7 WIVIS RV PK UP6424 AFj APWOM-030-M HIGHST REt'IN 01304-215 .$36.00 DOCUMENTICOPY SALES GEHL 0010 44000I' 4711910 10i6o1 25.10 TOTAL $ 7,720.41 APPROVED BY: RECEIVED BY: AUDITOR -CONTROLLER TREASURER BY: -7 -7 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. / ■ Attach this card to the back of the mailpie& or on the front if space permits. Article Addressed to: John and Debra Folsom 1021 Lower Honcut Road Oroville, CA 95966 2. AXcle Number (transfer from service label) 1 f ! ! ! PS Form 3811, August 2001 i C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Servi a Type rtified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes i X0006 ;.2836 6,22,3;, Domestic Return Receipt 10259H+s2-M-1540 UNITED STATES POSTAL SERVICE LE PM 01 A " R '°m"� �F,irst-Class Mail rte"` Pe�mit'No=G=f • Sender: Please print yow na�a�e,'-address, and ZI COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION 7 County Center Detre Oroville, C9 959653397 i, x 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 - March 29, 2005 John and Debra Folsom 1021 Lower Honcut Road Oroville, CA 95966 CERTIFIED MAIL Re: Use Permit UP 04N-25, APN 028-030-028 Dear Mr. and Mrs. Folsom: Enclosed is your validated Use Permit to allow the expansion of an existing dog training kennel from 30 dogs to 120 dogs. The existing kennel was approved by Use Permit 87-8, located on the north side of lower Honcut Road, approximately 2.5 miles east of SR -70, at 1021 Lower Honcut. Should you have any questions regarding this matter; please contact this office between 8:00 a..m. and 4:00 p.m., Monday through Friday. Postal Sincerely, CERTIFIED MAILT. RECEIPT 1 ru Q 4 n (Domestic Mail Only; —D or delivery information visit our website at www.usps.comD Lynn Richardson 1-0j IM FIC I - L----.0 S I Commission Clerk ca M ru $ r tl 3-1 111�7 enc. cc: Land Development Division (g) Building Division (y) Environmental Health (p) Department of Forestry (gld) G.I.S. Postage E Certified Fee U. 1 Return Reclept Fee �- ` , i t Poreerk (Endorsement Requlred) O Restricted Delivery Fe r-1 (Endorsement Requit `� - t td 1ruTotal Postage & L ` "' • p MRTO TO John and -Debra -Folsom` -- ---' r- atiea Apt No.; ... 1021.Lower.Honcut Road�� or PO Box No. �HOrOVllle CA 95966 City, State, ZIPt4 PS Form :00 June 2002 e - IV ,USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP 04-25 PERMIT NO. I 028-030-028 & 028-030-027 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below, John and .Debra Folsom are hereby granted a Use Permit to expand an existing dog training kennel (allowed by Use Permit 87-8) from 30 dogs to 120 dogs, including expanding the existing dog kennel structure by approximately 1,320 square feet (40 ft. x 33 ft. addition), constructing a new 2,805 square foot (85 ft. x 33 ft.) dog kennel structure, installation of a new septic system, and expansion of the existing septic system leach lines. The project is subject to the following conditions: MAR 3 0 2005 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 expanded 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 fora one-year extension is submitted to the Planning Commission together with sufficieni 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. M 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: I 1. Mitigation Measure # 1: h Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. Follow the dust control measures listed below: a. Water shall be applied by means of truck(s), hoses, and/or sprinklers as needed prior to any land clearing or earth movement to minimize dust emissions. b. Haul vehicles transporting soil into or out of the property shall be covered. C. Water shall be applied to disturbed areas a minimum of two (2) times per day or more as necessary. d. On-site vehicles shall be limited to a speed of 15 mph on unpaved roads. e. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The` telephone number of the Butte County Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions). f. All visibly dry disturbed soil surface areas of operation shall be watered to minimize dust emissions. g. Existing roads and street adjacent to the project shall be cleaned at lease once per day unless conditions warrant a greater frequency. Plan Requirements: This note shall be placed on all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Department of Development Services shall ensure that this note is placed on all building plans and shall spot check and shall ensure compliance on-site. Butte County Air Quality Management District inspectors shall respond to nuisance complaints. 2. Mitigation Measure # 2: Should development 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. Recommencement of development activities shall not occur until clearance is provided by the Butte County Department of Development Services. 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: This note shall be placed on all building and site development plans. i Timing: This measure shall be implemented during all site development activities. Monitoring: Should cultural resources be discovered, the landowner shall notify the Department of Development Services and a professional archaeologist. The Department of Development Services shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 3. Mitigation Measure # 3: The kennel operator shall pick up solid wastes from the dogs at least once per day and dispose of the wastes in a septic system approved by the Butte County Environmental Health Division. All water runoff from cleaning of the kennel floors shall drain into an approved septic system. Plan Requirements: This mitigation measure shall be a condition of the Use Permit. Timing: The mitigation measure shall be adhered to during the entire operational life of the kennel. Monitoring: The kennel operator shall be responsible for picking up dog wastes at least once per day and disposing of them in an approved on-site septic system. The kennel operator shall be responsible for ensuring that drainage from cleaning of the kennel floors drains into the septic system. The Department of Development Services, the Environmental Health Division, and the Animal Control Division shall respond to complaints concerning odors and contaminated water runoff. 4. Use of firearms for dog training shall be limited to daylight hours. 5. Dogs shall be under the direct control of trainers when outside of the kennel structure. 6. If the Department of Development Services or other County departments receive noise - related complaints regarding the dog kennel and the level of noise is in excess of established standards, the applicant shall implement recommendations of the Department of Development Services to reduce the noise impacts. In response to any pattern of noise complaints, the Development Services Department, at the expense of the applicant, shall conduct a noise analysis to establish the compliance of the project with standards in the Noise Element of the General Plan. Currently, the Noise Element establishes that acceptable levels of noise for the project area of up to 60 decibels Ldn or CNEL. If noise levels are in excess of established standards, the project applicant is required to reduce noise levels through recommendations of the Development Services Department, which may include, but are not limited to, building noise attenuation devices that provide some relief to nearby homes, erecting a sight obscuring fence so that the dogs can't see off the site, placing bark collars on the dogs that bark, or other recommendations. Any implemented recommendations to reduce noise would be subject to building permits, if required, and other applicable conditions. it 7. Prior to issuance of building permits, obtain the necessary permit(s) from the Butte County Animal Control Office' Provide documentation from the Animal Control Office that the necessary permits have been obtained or are not required. 8. Shielding or construction to be I'developed to keep no levels to a minimum and not to exceed 60 dB at property line, pursuant to the Noise Element of the General Plan. Public Works Division 9. Prior to issuance of a building .permit, obtain an encroachment permit and improve all new and existing driveway approaches to publicly maintained roads as specified in the County Improvement Standards and the terms of the encroachment permit. 10. Prior to issuance of a building permit, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works: The drainage plans shall detail existing drainage conditions and shall specify how drainage waters shall be detained or retained 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. 11. Prior to issuance of a building permit, establish 100 year flood plain elevations and the lowest floor elevations for any structures, in accordance with Butte County Code §26-25. Show on the site plan the elevations (by contours) and the location of an accepted NGVD29 (National Geodetic Vertical Datum of 1929) benchmark and a temporary benchmark on-site. I Environmental Health Division 12. Prior to issuance of Building Permit, septic system for the new kennel and up to ten (10) employees shall be installed under' permit from the Butte County Environmental Health Division. 13. The bottom of any leach line shall have adequate separation from groundwater and all parts of the septic system shall be at least fifty (50) feet from seasonal ponds. Butte County Fire Department/CDF 14. Provide an all weather access to all structures that is at least 10 feet wide and has a vertical clearance of 15 feet that will accommodate a 40,000 pound fire apparatus. County Counsel 15. If this entire matter or any finding, "action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. 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, that they are in fact the conditions which were imposedupon the granting of this use permit, and that I agree to abide fully by said conditions. Date: 3�Q 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. — a E4 ounty Planning Commission Chairman CC: Land Development Division Building Division Environmental Health Division Butte County Fire Department,CDF Assessors Office Animal Control Office 6 ■ Butte Count_., Department of Development Services s . ■ February 24, 2005 ■ Agenda Report - John and Debra Folsom, File # UP 04-25 ■ Page 5 of 10 ■ MEMORANDUM PLANNING DEPARTMENT TO: Butte County Assessor's Office FROM: Butte County Planning Department SUBJECT: John and Debra Folsom, UP 04N-25 DATE: March 29, 2005 Pursuant to Section 65863.5 of the Government Code, the following parcel identified as 028-030-028, was: Rezoned from to zoning district. Granted a variance to X Issued a conditional Use Permit to allow the expansion of an existing dog training kennel from 30 dogs to 120 dogs. The existing kennel was approved by Use Permit 87-8, located on the north side of lower Honcut Road, approximately 2.5 miles east of SR -70, at 1021 Lower Honcut, zoned A-5 (Agricultural, 5 -acre parcels). 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 February 15, 2005 John and Debra Folsom 1021 Lower Honcut Road Oroville, CA 95966 Re: UP 04N-25, AP: 028-030-028 Dear Mr. and Mrs. Folsom: Enclosed is a copy of the Agenda Report concerning your application for a Use Permit to allow the expansion of an existing dog training kennel from 30 dogs to 120 dogs. The existing kennel was approved by Use Permit 87-8 on property zoned A-5 (Agricultural, 5 -acre parcels) and located on the north side of lower Honcut Road, approximately 2.5 miles east of SR -70, at 1021 Lower Honcut. 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 February 24, 2005, 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 Stephen Betts of this office at 538-7153, between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Services Assistant Enc. cc: David G. Anderson Environmental Health Land Development KAetters\nerge Ietters\,SCHEDULE.dot ki • •. BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT — February 24, 2005 Applicant: Robert L. and Sandra L. Location: At the east end of Parsley Minton Drive off of Highway 99, approximately 750 feet north of Keefer Road, Chico File #: TPM 04N-28 Parcel Size: 4.9± acres Request: A Tentative Parcel . Map to Supervisor 3 divide a 4.89 -acre parcel into District: two parcels, 1.03 acres and 3.88 acres. G.P.: Agricultural Residential Planner: Mark Michelena Associate Planner Zoning: SR -1 (Agricultural Attachments: Residential) A: Vicinity Map Zone Date: March 28, 1995 B: General Plan/Zoning Map APN: 047-460-025 C: Site Plan D: Parsley Parcel Map (Bk 92 Pg 55) EXECUTUVE SUMMARY' ' The project is consistent with the SR -1 zone, and conditionally consistent with the Butte County General Plan land use designation of Agricultural Residential, as well as the policies of the other elements of the General Plan. Staff recommends approval of this Tentative Parcel Map with Findings and Conditions. PROJECT DESCRIPTION/SITE CHARACTERISTICS • This is a proposal for a Tentative Parcel Map to create two (2) parcels (3.88 acres and 1.03 acres) from a 4.9 acre parcel. • The project parcel was created by Parcel Map, recorded on March 30, 1983, in Book 92 Page 55. • The project site is currently developed with a single family dwelling, a second dwelling and associated accessory structures, which will all be on proposed Parcel 1. • Sewer service would be provided by individual on-site septic systems. • Water would be provided by individual wells. • Access would be provided by a private cul-de-sac road off of Highway 99. ■ Butte County Department of Development Services s ■ February 10, 2005 ■ Agenda Report - Minton TPM 04N-28 ■ Page 1 of 9 ■ • The site is level and there are no streams or other natural drainages on the property. • Vegetation on the parcel includes mostly grassland with a few ornamental trees and landscaping around the existing dwelling. • Surrounding parcels to the south, east and west are zoned Suburban Residential 1 -acre minimum (SR -1) and have a General Plan land use designation of Agricultural. Residential. Parcels to the north are zoned SR -1 and Resource Conservation (R -C) and have a General Plan land use designation of Agricultural Residential. Parcels to the west, across Highway 99, are zoned A-40 and a General Plan Designation of Orchard and Field Crops. • Surrounding parcels to the north, south and east have similar residential uses. Parcels to the west, across Highway 99, are larger and in use as orchards. • The project site is located in a primarily single family residential area, with agricultural uses to the west, across Highway 99. Parcels sizes range from 0.15 -acre to 28 -acres. The average size is approximately two acres. ANALYSIS Conformance with Zoning and General Plan The sizes of the proposed parcels are consistent with the SR -1 zone and conditionally consistent with the Agricultural Residential General Plan land use designation. In order to approve this development the Planning Commission must find that it is consistent with the following Conditional Zoning and Development Criteria, applicable to the Agricultural Residential General Plan designation: o Compatible with neighboring agricultural activities. o Evidence of adequate water and sewage disposal capacity. o Availability of adequate fire protection facilities. o Adequately maintained approved -road access with sufficient capacity to service area. o Reasonable accessibility to commercial services and schools. • Staff finds that the above Conditional Zoning and Development Criteria can be met for this project. Detailed findings are provided under the Actions for Consideration Section. • The current Butte County General Plan designation (Agricultural Residential) and zoning (Suburban Residential 1 -acre minimum) list single family dwellings as a primary use. • The Agricultural Commissioner commented that there are no significant agricultural issues due to the rural residential development surrounding the project parcel. • The proposed 1 -acre residential parcels will be similar to surrounding parcels. • Existing accessory structures will need to be the required 20 -foot setbacks from the access road right-of-way, unless they can be determined to have been pre-existing and not modified since the recording of the Darrel Parsley Parcel Map (Book 92 Page 55) Circulation and Access Issues ■ Butte County Department of Development Services ■ ■ February 24, 2005 ■ Agenda Report - Minton TPM 04N-28 ■ Page 2 of 11 ■ • Butte County Code Section 20-133 indicates that no cul-de-sac street in a non urban area shall serve more than twenty (20) lots or parcels. Currently six (6) lots'are served by the cul- de-sac. The proposed project will add one (1) additional parcel. • A condition of the Parcel Map requires the access road be developed to County standards prior to map recording. North Chico Specific Plan • The area north of Mud Creek is planned for low density suburban residential development (1 to 3 acre lots). The proposed project of over one (1) acre lots is consistent with this density. • The plan area development north of Mud Creek will rely on septic systems. The proposed project has been pre -approved for individual septic systems by Butte County Environmental Health. • Storm drainage management consists of a combination of facilities including channel improvements to existing creeks, detention basin(s) and natural drainage swales. The proposed project is conditioned to submit drainage plans to specify how drainage waters shall be detained on site and/or conveyed to the nearest natural or publicly maintained drainage channel or facility so no increase in the peak flow runoff occurs to said channel or facility. • Circulation policies encourage design of local streets for residential neighborhoods to use cul- de-sac streets to discourage through traffic. The proposed project is using a cul-de-sac to serve the two (2) parcels.. Butte County Departments and other Agencies Review • Comments/conditions received from Butte County Departments and other Agencies were reviewed and incorporated into the proposed project conditions. ENVIRONMENTAL REVIEW/CEQA ISSUES The initial study prepared for this project determined there would be potential environmental impacts in the following areas: • Air Quality (dust control during site development activities) • Cultural Resources (artifact concentrations; structural remains; human skeletal remains) The initial study, which is attached to this agenda report, recommended two mitigation measures to reduce potential environmental impacts to a less than significant level. Due to the previous agricultural uses and the current development on the project parcel and the surrounding parcels, no impact to fish or wildlife or their habitat will occur, so the collection of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is not required. The initial study/mitigated negative declaration was sent to the Governor's Office of Planning and Research, State, Clearinghouse, for a 30 -day review period. Notices regarding the 30 -day review period were mailed to landowners near the project site, and a notice was placed in the Enterprise Record. ■ Butte County Department of Development Services ■ ■ February 24, 2005 ■ Agenda Report - Minton TPM 04N-28 ■ Page 3 of 11 ■ ACTIONS FOR CONSIDERATION: Staff recommends that the Planning Commission take the following actions: I. Adopt a Mitigated Negative Declaration with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act. Said study identified 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 Tentative Parcel Map for Richard & Sandra Minton, Planning Division File No. TPM 04N-28, would have a significant effect on the environment. The custodian of the record is the Land Development Division of the Public Works Department. The location of the record is 7 County Center Drive, Oroville CA 95965. D. The proposed Mitigated Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. II. The design of the proposed project will not cause environmental damage to fish and wildlife or their habitat, and a "de minimis" exemption regarding impact to fish and wildlife or their habitat is recommended. The collection of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5, is not required at this time. 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; conflict with any local policies or ordinances protecting biological resources; or, conflict with the provisions of an adopted Habitat Conservation Plan. III. Approve Tentative Parcel Map 04N-28 for Robert & Sandra Minton, subject to the conditions found in Exhibit "A" and the following findings: A. The project is consistent with the five development criteria for parcels located in the Agricultural Residential General Plan land use designation as supported by the following: 1. Compatible with neighboring agricultural activities. The project is not adjacent to agricultural uses. An existing orchard is located to the west across State Highway 99. Upon review of the area, existing residential surrounds the project parcel. The proposed project will not create any additional impact to the existing orchard. 2 Evidence of adequate water and sewage disposal capacity. ■ Butte County Department of Development Services ■ ■ February 24, 2005 ■ Agenda Report - Minton TPM 04N-28 ■ Page 4 of 11 ■ Based on information received from the Butte County Environmental Health Division, the project meets the County's water and sewage disposal requirements. Parcels will be provided with individual wells and septic tanks. 3. Availability of adequate fire protection facilities. CDF requires that fire suppression sprinkler systems be installed in all new residential structures, unless a pressurized community water system with hydrant is installed. The requirement is a condition of the Parcel Map. The closest fire station is County Station #41 on State Highway 99 approximately 0.9 miles to the south. . 4. Adequately maintained approved road access with sufficient capacity to service area. Access will be from Highway 99 on a cul-de-sac designed to Count>> standards. The proposal will create two (2) parcels, with the potential for one (1) additional residential dwelling, which has the potential to generate approximately 9.55 additional vehicle trips per day (1 dwelling unit x 9.55 vehicle trips per dwelling unit) as projected by the Institute of Traffic Engineers. Under the proposed second dwelling ordinance (BCC 24- 280), permanent second dwellings will not be permitted within the North Chico Specific Plan area. The nearest Butte County Department of Public Works traffic count was done in (2003) at the intersection of Keefer Road and Highway 99, which had an average daily traffic volume of 1, 725 trips, at Highway 99 (Level of Service of "A " according to Circulation Element Table 8 and the Department of Public Works). The number of vehicle trips generated by this project is not expected to significantly impact the local circulation system or levels of service. 5. Reasonable accessibility to commercial services and schools. The nearest commercial services are located in the City of Chico approximately 3.7 miles to the south. Elementary, Intermediate, and high school services are also located in Chico. B. The proposed tentative parcel map is consistent with the Goals and Policies of the Butte County General Plan and Policy 3.2.a of the Land Use Element which requires that residential densities be correlated to soil, slope and other natural site characteristics. The project does not contain any characteristics that preclude it from being developed at.the proposed density of 1.6 dwelling units per gross acre. C. The proposed tentative parcel map is consistent with the Goals and Policies of the Butte County General Plan and Policy 3.2.b of the Land Use Element which requires residential densities to be correlated to the availability of water and sewage disposal and proximity to other facilities. ■ Butte County Department of Development Services ■ ■ February 24, 2005 ■ Agenda Report - Minton TPM 04N-28 ■ Page 5 of 11 ■ D. With the addition of Department of Public Work's Conditions #5 through 16 regarding access, drainage and improvement standard, and Environmental Health Division Condition #20 regarding septic systems, water supplies, and wells, the project is physically suitable for the use and density of the proposed development. E. With the additions of California Department of Forestry/Butte County Fire Department Conditions #17 through #19 regarding compliance with the Fire Safe Regulations and other fire safety measures, the project conforms to the fire requirements of the Butte County Fire Department. F. Approval of this project will not be detrimental to the general health, safety and welfare of the public because the mitigation measures identified by the project initial study have been incorporated into the project as conditions of approval. The conditions must be satisfied or the parcel map will not be allowed to be recorded. ■ Butte County Department of Development Services ■ ■ February 24, 2005 ■ Agenda Report - Minton TPM 04N-28 ■ Page 6 of 11 ■ • EXHIBIT A 0 Tentative Parcel Mau for Robert & Sandra Minton on APN 047-460-025, File # TPM 04N-28: An application for a Tentative Parcel Map to divide a 4.9 -acre parcel into two parcels (1.0 acre and 3.9 acres) on property zoned SR -1 (Suburban Residential, 1 -acre minimum) in the North Chico Specific Plan area. I. CONDITIONS OF APPROVAL: Planning Division 1. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet and on all building and site development plans that states: "Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. Follow the dust control measures listed below." (Mitigation Measure # 1) a. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions). b. All visibly dry disturbed soil surface areas of operation shall be watered to minimize dust emissions. Plan Requirements: The above note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet and all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Department of Development Services shall ensure that this note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet and all building plans and site development plans and shall spot check and shall ensure compliance on-site. Butte County Air Quality Management District. inspectors shall respond to nuisance complaints. 2. Place a note on a separate document which is to be recorded concurrently with any future map or on an additional map sheet that states: "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 ■ Butte County Department of Development Services ■ ■ February 24, 2005 ■ Agenda Report -.Minton TPM 04N-28 ■ Page 7 of 11 ■ Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains." (Mitigation Measure # 2) Plan Requirements: The above note shall be placed on a separate document which is to be recorded concurrently with the Parcel Map or on an additional map sheet and all building and site development plans. Timing: This measure shall be implemented during site preparation and construction. Monitoring: The Department of Development Services and Public Works Department shall ensure the note is placed on a separate document which is to be recorded concurrently with the Parcel Map or on an additional map sheet and all building plans and site development plans. The developer shall be responsible for notifying the Department of Development Services and a qualified archaeologist in the event cultural resources are discovered. The Department of Development Services shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 3. Prior to recordation of the Parcel Map, the existing accessory structures (corrals/carport and second dwelling) on proposed Lot 1 must meet the required 20 -foot building setback from the access road right-of-way (North Chico Specific Plan), unless they can prove to have existed prior to the recording of the Darrel Parsley Parcel Map (Book 92 Page 55). 4. Prior to recordation of the Parcel Map, obtain necessary building permits for conversion of the accessory building into a residential dwelling on proposed Parcel 1. Public Works 5. Prior to or concurrently with the recordation of the Parcel Map, provide a fully executed road maintenance agreement for all non -publicly maintained access roads on the County approved form. A note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet of the Parcel Map stating: "In accordance with Civil Code Section 845, maintenance of the road as shown hereon shall be shared by those properties with a legal interest in it." 6. Prior to recordation of the Parcel Map, provide street name signs per requirements of the Department of Public Works. Street names shall be reviewed by the County Address Coordinator and one name for each new street shall be recommended to the Board of Supervisors for approval prior to recordation of the Parcel Map. A minimum of five alternate names for each new street shall be submitted. 7. Provide a cul-de-sac designed and constructed as specified in the County Improvement Standards. The Parcel Map shall show the cul-de-sac. 8. All access rights shall be reserved by deed per County Ordinance, offered for dedication, and depicted on the Parcel/Final Map. For each private access within the map boundary, place the following note on the Parcel/Final Map: "Parsley Lane is a non-exclusive easement for ingress, egress, road and public services purposes, to be reserved in deeds and is hereby offered for dedication to the County of Butte." ■ Butte County Department of Development Services ■ ■ February 24, 2005 ■ Agenda Report - Minton TPM 04N-28 ■ Page 8 of 11 ■ 0 • 9. Prior to final road inspection, install all necessary traffic safety signs including stop signs. A note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet of the Parcel Map stating: "No public entity shall be responsible for the maintenance of the traffic safety signs including stop signs. In accordance with Civil Code Section 845, maintenance of the traffic safety signs shall be shared by those properties with a legal interest in them." 10. Prior to or concurrently with the recordation of the Parcel Map, pay in full any and all delinquent, current and estimated taxes and assessments as specified in Article 8 of Chapter 4 of Division 2 of Title 7, of the California Government Code commencing with Section 66492. 11. Prior to recordation of the Parcel Map, provide approved access to each parcel from a . County maintained road or from a state highway. Improve access road to parcel being . divided to NCSP-8. Submit road and drainage plans to the Department of Public Works for plan checking and approval prior to construction. 12. Relinquish abutters rights to Caltrans along the State Highway 99 frontage of Parcel 1, except at approved access points. 13. Show on the additional map sheet of the Parcel Map a 50 ft. building setback from the centerline of Parsley Lane. 14. Prior to grading, a Construction Storm Water Permit will be required by the State Water Resources Control Board if the project results in a disturbance (including clearing, excavation, filling, and grading) of one or more acres. The Permit must be obtained from the State Water Resources Control Board prior to construction. Place a note on an additional map sheet that states: "The development of this Parcel Map requires a construction storm water permit. Construction activities that result in a land disturbance of less than one acre, but which are part of a larger common plan of development, also require a.permit. Development of individual lots may require an additional permit(s)." 15. Prior to approval of the improvement plans, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall detail existing drainage conditions and shall specify how drainage waters shall be detained or retained 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. Show all easements of record on the Parcel Map. 16. Prior to or concurrently with the recordation of the Parcel/Final Map, pay in full any and all delinquent, current and estimated taxes and assessments as specified in Article 8 of Chapter 4 of Division 2 of Title 7, of the California Government Code commencing with Section 66492. Butte County Fire/California Department of Forestry 17. 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 ■ Butte County Department of Development Services ■ ■ February 24, 2005 ■ Agenda Report - Minton TPM 04N-28 ■ Page 9 of 11 ■ 0 • effect at the time of application for permits. 18. Place a note on a separate document which is to be recorded concurrently with the parcel map or on an additional map sheet stating that "Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the time of permit issuance and maintained continuously thereafter." 19. Place a note on a separate document which is to be recorded concurrently with the parcel map or on an additional map sheet stating that "Fire suppression sprinkler systems shall be installed in all new residential structures in accordance with the National Fire Protection Association Standard for the installation of sprinkler systems in one and two family dwellings and mobile homes, NFPA Standard 13D, unless a pressurized community water system, with hydrants that meet Fire Department specifications, serves the parcels." Additionally, this note is to be added to all building plans." Environmental Health Division 20. Prior to recordation of the Parcel Map, locate and if necessary relocate and/or abandon any portion of the septic system for the "apartment" on proposed parcel #1 that is within any leach field free setback area. All work must be done under permit from the Pacific Gas and Electric Company 21. 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. 22. There shall be no building of structures, or the storage of materials allowed over or under any existing PG&E facilities, or inside any easement that exist. Processing Fees 23. Prior to recordation of the Parcel Map, pay any outstanding project -related processing fees. County Counsel 24. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to' the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. ■ Butte County Department of Development Services ■ ■ February 24, 2005 ■ Agenda Report - Minton TPM 04N-28 ■ Page 10 of 11 ■ 0 0 II. NOTATION A. 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 he approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. K:\Planning\PROJECTS\TPM\MINTON\ Minton TPM 04N-28 PC Agenda Report draft.doc ■ Butte County Department of Development Services ■ ■ February 24, 2005 ■ Agenda Report - Minton TPM 04N-28 ■ Page 11 of 11 ■ WIE i m 4 9 A -5s A-5 -, s GOC OFC R J m. t C3 { Central House Rd co ° 3- 2 A-5 ro OFC o---- ---T ---- TOw f Middle Honcut Rd H C 123.81 K> 158.99 r " --Rd-== Project Location -41: a 41.73 41.24 A A-5 Lower Honcut Rd 0FC169 81co - x 0 1500 0 1500 3000 4500 6000 7500 9000 10500 12000 13500 15000 16500 18000 Feet BUTTE COUNTY PLANNING CONMUSSION N Applicant: John & Debra Folsom Owner: Same Hearing Date: February 24, 2005 @ 9:00 a.m. Existing Zone: A-5 (Agricultural, 5 acre minimum) Ill?Pistrict # 11 Use Permit to allow the expansion of a dog training facility from 30 dogs to 120 dogs. Request:'Me exigting kennel was appmycd by I Ise Permit R7 -R Assessor Parcel No: 028-030-028 Fite:UP 0425 N C� �AO G` 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 July 23, 2003 John and Debra Folsom 1021 Lower Honcut Road Oroville, CA 95966 Re: Use Permit, UP 04N-25, AP: 028-030-028 Dear Mr. and Mrs. Folsom: At the regular meeting of the Butte County Planning Commission held January 24, 2005, your request for a, Use Permit, on property zoned, A-5, (Agricultural, 5 -acre parcels) and located on the north side of lower Honcut Road, approximately 2.5 miles east of SR -70, at 1021 Lower Honcut, was approved subject to the conditions listed on the enclosures. Should you desire to appeal any of the conditions imposed by the Planning Commission, you must do so in writing, prior to 5:00 p.m., Monday, March 7, 2005 to the: Clerk of the Board of Supervisors 25 County Center Drive Oroville, California, 95965 The appeal fee of $50.00 must be paid at that time. If you do not appeal, and if there are no other appeals within the 10 calendar -day appeal period, the action of the Planning Commission is final. PLANNING FEES Your project required a deposit of funds to begin processing of your application. You will be receiving an invoice detailing the planning charges incurred against that deposit. In the event the charges have exceeded the initial deposit, you will be invoiced for those charges that have exceeded the amount deposited and for additional funds to be deposited for the completion of the project. If your project has been completed and there is a balance remaining of your initial deposit, it may be applied to any applicable additional fees as described below. If there are no additional fees, you will be refunded the balance of your deposit. F- • APPROVAL OF PROJECT SUBJECT TO PAYMENT OF ALL APPLICABLE FEES Payment of all applicable fees will be required as a condition of approval for your project. Prompt payment of invoiced amounts will expedite the approval process in satisfying this condition. Please sign both copies of the Use Permit and return them to this Division. You must sign the Use Permit within thirty (30) days of the expiration of the appeal period. Both signed copies must be received, by this Division, within forty (40) days from approval of the permit by the Planning Commission. The Use Permit is deemed granted when the enclosures have been signed by the applicant, with the counter signature of the Chairman of the Planning Commission, and said permit is received by the applicant by certified mail. Pursuant to Section 66020 (d) (2) of the Government Code you are hereby notified that you have 90 days to register a protest challenging any fees, dedications, reservations, or exactions imposed as conditions of approval for this project. Should you have any questions regarding this matter, please contact Stephen Betts at 7153 between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Services Assistant /lr CC: David Anderson kl/etterss/merge letters/APPRDIMUP.dot 0 .(SPACE FOR FILING STAMP ONLY) IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF BUTTE In The Matter Of Notice of Public Hearing. f AFFIDAVIT OF PUBLICATION State of California SS. County of Butte The undersigned resident of the county of Butte, State of California, says: That I am, and at all time herein mentioned n was a citizen of the United States and not a party to nor interested in the above entitled matter; that I am the principal clerk of the printer and publisher of -. The Chico Enterprise -Record The Oroville Mercury -Register That said newspaper is one of general circula- tion as defined by Section 6000 Government Code of the State of California, Case No. 26796 by the Superior Court of the State of California, in and.for the County of Butte; that said newspa- per at all times herein mentioned was printed and published daily in the City of Chico and County of Butte; that the notice of which the annexed is a true printed copy, was published in said newspaper on the following days: Feb. 10, 05. Dated February 24, 2005. at Chico, Calif (Signat r No. F.r'! NTT ;�,;';,IDECLARATION r,' -,;Notice is'hereby'given by:;the;;':Butte '''County Planning s`;Commission that a'publlchearing will be held ori February 24, 2005; at 9:00 a.mt'in the '25 YCVLMf7H1IV n/ •1 Ln �nl Irr PARCEL MAP• =:- ;;�Joh'n and Debra Fol- "7 rsorn,+'Use "Permit allow the wexpansion Tof fan ,existing ;:dog straining tkennel frdm30'ddgs.to` :'i 6n{firinnc eHrlilinnnl wrvcl --1 wn,.u. approximately 2.5 cast•of SR-70,'at Lower Honcut south ot.0roville: )28=030-028;and 10=027„ (SB)�(UP w6 Parcel Map in court; yod rfjayctie:'limited,•to raping only:those issues you s`or; someone "'else raised at the'public' Near;: ige.tlescribed:,Jn.'„ this nopce;`or in written cof-. responiieiic6",i' d - livered. to'the'Planning Division at;'orsprior to;'the;public hearing. For further Information regardin11S.V oject;l, please'contadt Stephen Betts; project,planner, jai the` Butte `County_ P, lan ning�.;Division.'at {(530) '53 .1513 1f110NNE CHRISTOPHER; tV.; DIRECTO OFA:{ !DEVELOPMENT SERVICES I F F05-164•.-"' 3 «`zi Publish: Feb*'-! q, 2005 ;;. of Sovn 2 2 Q S l,J cv►�� TovteS — ` �Y�y. tY P i'o �c S Siov�g t� t �c W�•ac�e.� 1�_r�e.�_� �o-cow�_Q..�gr_n'�s �? v_�,(_�_ _—� .S!�.t'v � ce � �c►,�rw�� 5 t U� eweg s � • ,� rs a. • 1 • Memorandum Department of Development Services Planning Division TO: Honorable Chair and Commissioners FROM: Mark Michelena, Associate Planner FILE: Robert and Sandra Minton, TPM 04N-28 (047-460-025) APPLICANT: Robert and Sandra Minton FOR: Planning Commission Hearing on January 13, 2005 REQUEST: Addition to project condition DATE: February 3, 2005 STAFF COMMENTS The following addition (in bold) is proposed for the Environmental Health Condition #20 Environmental Health Division 1. Prior to recordation of the Parcel Map, locate and if necessary relocate and/or abandon any portion of the septic system for the "apartment" on proposed parcel #1 that is within any leach field free setback area. All work must be done under permit from the Environmental Health office. ■ BUTTE COUNTY PLANNING COMMISSION ■ MEMORANDUM/CHANGES ■ ■ FEBRY 24, 2005 0 Robert and Sandra Minton TPM 04N-28 0 PAGE 1 of 1 ■ • Butte County Planning Division 7 County Center Drive Oroville, CA 95965 Attention: Steve Betts February 16, 2005 RE: Mitigated Negative Declaration/Use Permit John and Debra Folsom 1021 Lower Honcut Road APN 028-030-028, 028-030-027 (SB) (UP04-25) Dear Steve: ` BUTTE -, COUNTY FEB 2, 2 2005 DEVELOPMENT SERVICES I received a notice a few days ago regarding the above referenced use permit. This letter is in response to that notice. Before proceeding with our concern, I wish to make these following statements known. 1. We own 40 acres of undeveloped pasture land contiguous to the subject property; (We are neighbors to the north). The APN # for our land is 028-030-004. Our contiguous property line extends 1381 lineal feet. 2... We purchased our land approximately 5 years ago. Prior to that, we leased our land for approximately 2 years from the previous owner. 3. The Folsoms had an established dog training and kennel facility (at the current location) when we purchased our property. 4. It's our observation, that the Folsoms run a very clean and orderly operation. We feel very lucky to have them as neighbors. We want their business to be successful. 5. We have no immediate plans to develop our property but someday we might. 6. We use our 40 acres of pasture land to "winter graze" some of our cattle. We visit our land each week to check our cows and check the fences (usually about a 2 hour duration). We are aware of the Folsom's dogs barking from time to time, but; currently we don't think the kennel noise is a problem or a concern for us. 7. Usually, the "prevailing wind" comes from a southerly direction which probably helps convey any kennel noise to our property. 8. The Folsoms have told us that the kennel expansion will be confined to the area where the current kennels are located. We are not opposed to the Folsoms increasing their kennel size to 120 dogs, (a 400% increase), provided some thought be given as to the containment of the increase in noise levels which we are confident will develop. Perhaps this noise containment can be achieved thru the use of the following concepts (either individually applied or in some combination): 1. The kennel buildings being constructed with "sound deadening" material, (i.e. concrete and/or concrete block). 2. Position of windows, doors and openings being omitted from the north side of the kennel buildings. 3. A fence or wall located on the north side of the kennel facility (which would rebound much of the noise). 4. A planted "tree line" on the north side of the kennel (which would also help to rebound some of the noise). 5. Using the construction principle of "sound walls" on the north facing exterior kennel walls; (similar to the common wall design used between apartment units). Again, we are not opposed to the Folsom's expansion plans, we merely ask that steps be taken to minimize the elevated noise level which we are confident will impact our property and thus impact our property value in the future. cc: John and Debra Folsom Sincerely, Bill and Sue Ferry P. O. Box 930 Homewood, CA 96141 (530) 525-5387 2 February 7, 2005 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 February 24, 2005, 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. John and Debra Folsom, Use Permit to allow the expansion of an existing dog training kennel from 30 dogs to 120 dogs. Additional development includes an addition to the existing dog kennel structure and construction of a new dog kennel. structure. The property is zoned A-5 (Agricultural — 5 acre parcels) and is located on the north side of Lower Honcut Road, approximately 2.5 miles east of SR -70, at 1021 Lower Honcut Road, south of Oroville. APN 028-030-028 and 028-030-027 (SB) (UP 04-25) 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 Stephen Betts, project planner, at the Butte County Planning Division at (530) 538-7153.. YVONNE CHRISTOPHER, DIRECTOR OF DEVELOPMENT SERVICES To be published in the Oroville Mercury on Thursday, February 10, 2005. rf, STATE OF CALIFORNIA �.: Governor's Office of Planning and Research C4L,FoR . State Clearinghouse and Planning Unit Arnold Schwarzenegger F"" $U'TTE Governor COUNTY December 31, 2004 ,JAN 0 4 2005 33U COUM DEENT SERVICES Dt 2005 Stephen Betts Butte County LOP 7 County Center Drive 66 Oroville, CA 95965 Subject: Folsom Use Permit (UP 04-25) SCH#: 2004122004 Dear Stephen Betts: .EQf P!A o� P N F CAU Jan Boel Acting Director The State Clearinghouse submitted the above named Negative Declaration to selected state agencies for review. The review period closed on December 30, 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, ' Terry Roberts Director, State Clearinghouse 1400 TENTH STREET P.O. BOX 3044 SACRAMENTO, CALIFORNIA 95812-3044 TEL (916) 445-0613 FAX (916) 323-3018 www.00r.ca.gov . Document Details Report ►� �� State Clearinghouse Data Bas SCH# 2004122004 Project Title Folsom Use Permit (UP 04-25) Lead Agency Butte County Type Neg Negative Declaration Description Use Permit to allow the expansion of an existing dog training kennel from 30 dogs to 120 dogs. The existing 2,805 square foot dog kennel structure is proposed to be expanded by approximately. 1,320 square feet (40 ft.'x 33 ft.). A new 2,805 square foot (85 ft. x 33 ft.) dog kennel structure is also proposed. Lead Agency Contact Name Stephen Betts Agency Butte County Phone (530) 538.7153 Fax email Address 7 County Center Drive City Oroville • State CA Zip 95965 Project Location County Butte City Region Cross Streets Lower Honcut Road' Parcel No. 028-030-028 & 028-030-027 Township 17N Range 4E Section 17 Base MDB&M Proximity to: Highways 70 Airports Railways,• UPRR Waterways . Wyandotte Creek, N. Honcut Creek, Wyman Ravine, Wilson Creek Schools Honcut Elementary Land Use Dwelling unti, dog kneel, fallow rice fields, duck hunting/ A-40 / Orcahrd and Field Crops Project Issues AestheticNisual; Agricultural Land; Air Quality; Archaeologic -Historic; Drainage/Absorption; Cumulative Effects; Flood Plain/Flooding; Forest Land/Fire Hazard; Geologic/Seismic; Growth Inducing; Landuse; Minerals; Noise; Population/Housing Balance; Public Services; Recreation/Parks; Schools/Universities; Septic System; Sewer Capacity; Soil Erosion/Compaction/Grading; Solid Waste; Toxic/Hazardous; Traffic/Circulation; Vegetation; Water Quality -'Water Supply; Wildlife Reviewing Resources Agency; Department of Fish and Game, Region 2; Department of Parks and Recreation; Agencies Caltrans, District 3; Department of Health Services; Regional Water Quality Control Bd., Region 5 (Redding); Native American Heritage Commission Date Received 12/01/2004 Start of Review 12/01/2004 End of Review 12/30/2004 Note: Blanks in data fields result from insufficient information provided by lead agency. • December 3, 2004 e BUTTE COUNTY PLANNING COMMISSION. 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 John and Debra Folsom, Use Permit to allow the expansion of an existing dog training. kennel from 30.dogs to 120 dogs. The existing kennel was approved by Use Permit 87-8 in 1986. The existing dog kennel is utilized for the training of hunting dogs, primarily retrievers. Some breeding of dogs also occurs. The existing 2,805 square foot dog kennel structure is proposed to be expanded approximately 1,320 square feet (40 ft. x 33 ft.). A new 2,805 square foot (85 ft. x 33 ft.) dog kennel structure is also proposed, which would be located just to the north of the existing dog kennel. An additional septic system would be installed and the leach line of the existing kennel septic system lengthened to handle the increase in dog waste and wastewater. The project site is located on the north side of Lower Honcut Road, approximately 2.5 .miles east of SR -70; at 1021 Lower Honcut Road, and is approximately 0.8 miles west of the community of Honcut. APN 028-030-028 & 028-030-027 (SB) (File # UP 04-25). The California Environmental Quality Act requires this notice to disclose whether any listed toxic sites are present on the project site. The project site 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 December 8, 2004, through January 6, 2005, at the Butte County Planning Division, 7 County Center Drive, Oroville, California. All interested persons are invited to review the documents. 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 Commission will hold a public hearing on this project, the date, time, and location of which has not yet been determined. Landowners within 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 Stephen Betts, project planner, at (530) 538-7153. YVONNE CHRISTOPHER, DIRECTOR OF DEVELOPMENT SERVICES To be published in the Oroville Mercury Register on Wednesday, December 8, 2004. (SPACE FOR FILING STAMP ONLY) Ist IN THE SUPERIOR CO* OF THE STATE OF CALIFORNIA, • Q`r . IN AND FOR THE COUNTY OF BUTTE, In The Matter Of � 'BUTTE COUNTY of Intent. NO. +Irk%.^ PLANNING +r . I'-SN�'TiNotice NOTICE OFINTE s e - 'MITIGATED NEGATIVE 1- ,;pECLARATION g• It n •accordance with AFFIDAVIT OF PUBLICATIONthe . + California Environ- 'mental i Ouality.'S! ;Act „ (CEOA),.tButte ,'.County State of California "nes' prepared' an Initialstudy and is considering ss. the adoption of a Mid - County of Butte gated Negative Declare - hon for the following pro - ,MITIGATED NEGATIVE . The undersigned resident of the county of r' • DEOtARATIDNP '• Butte, State of California,sa s: Y `-rUSEPERMITA" .John and Debra Fol- 'som,''Use;Permit; to ame expansion of That 1 am, and at all time herein mentioned n ann,e existing dog training was a citizen of the United States and not a party kennel from 30 dogs to 120 dogs. The existing to nor interested in the above entitled matter; kennel was approved by that I am the principal clerk of the printer and P P P Use . Permit ting • in 1.986. the existing' dog: publisher of kennel is utilized for the -dogs, training, of hunting primanly, t•r, retrievers. The Chico Enterprise -Record some breeding of dogs also occ6rs:Tha'existing2,805 The Oroville Mercury -Register square.foot.dog kennel structure is pro- posed to be,bxpanded That said newspaper. is one of general circula- approxtmalely::+,1,320, tion as defined by Section 6000 Government teat (40 Nqu re 'N.)'. A new 2,b805 square ft.). Code of the State of California, Case No. 26796 toot (85 fl.x 33;ry:)•dog kennel structure is also b the Superior Court of the State of California, Y P proposed,"which would located•just to the in and for the County of Butte; that said newspa- be • north of the existing dog per at all times herein mentioned was printed ken nel.•, Ano additiona and published daily in the City of Chico and s6 tic n would be installed end the leach County of Butte; that the notice of which the line of the existing ken - annexed is a true printed copy, was published in P PY P nel -septic :system lengthened td -'handle said newspaper on the following days: the •increase 7:inEdog waste .and wastewater. The project site is locat-' Dec. 8, O 4 ed on the north side of Lower Honcut'.:Road, approximately'2.5 miles I east of SR=70,`at1021 Lower; Honcut ^ Road; and is's ' ximatey 0.8 'miles west of the com- munity of HoncuL'APN Dated December 29. 2004. ! 028-030.028 & 02 30- at Chico, California. 027 (SB){ .1le V UP p4- 25. t:,, ; t Envi. 1 \k ( ,The :Galdorma i ronmental:Quality .Act A requires!this'nobce to (Sign tU re) disclose (whether, any listed toxic saes are pre- sent on the project site. The project site does not contain a listed toxic • site. a .'. The• Initial Study/MiB= gated Negative Declare - docu- hon and reference ments-for'this project are. on; file. for public review starting Decem- ' tier:; 8,':2004„through January 6. ?005. at the Butte; County, Planning i . Division, 7 County Can-, . �. terDrive; Oroville Cah- foinia;Ail interested per; sons ;are ` invited ao review the,documerits. ' Written l conimenis will be "accepted, y by'. the Planning Division of the aboye;addreI .Any writ - correspondence rdeuv- ered � to -;the Planning Division.'4rThe . -Butte County, Planning' Com- . mission will hold a public hearing on this project, the date, time, and loca- tion of which has not yet been,'! r•'2 . determined. Landowners within 300 feet of the project site will •.'•receive ,written notice: as to Ahe date, time, and location of the Planning Commisslon Bearing. -gs' T- -•.r For further informahon t regarding Mis i project, _,_--...,... 6.. n. bi- '"UA),mune county State of California has prepared an Initial Stand Is consi udy SS. - Iho • adoption of t�"' •• County of Butte tlonforthefollo ggated Negative D wing jecC' ' MITIGATED NEGATIVE' The undersigned resident of the county of DECLARATION/' Butte, State of California, says: 4- USE PERMIT q John and Debre Fol- som,,Use, Permit, to ' That I am, and at all time herein mentioned n ' allow the expansion of an existing dog training was a citizen of the United States and not a'party kennel from 30 dogs to to nor interested in the above entitled matter; 120' dogs. The existingkennel was approved by that I am the principal clerk of the printer and Use Permit 87-ein P ublisher of 1886. The existing dog kennel Is utilized for the training of hunting dogs, The Chico Enterprise -Record primarily - retrievers. Some breeding of dogs The Oroville Mercury -Register also occbrs:The existing 2,805 square fool -dog kennel structure Is pro-' That said news a er is one of eneral circula- P P g posed:'too expanded• approximatel :. 1,3201 tion as defined by Section 6000 Government sara feet 40 It, x 33 Code of the State of California, Case No. 26796 it�v: A new 2, 05 square foot (e5 n. x 3311.) dog by the Superior Court of the State of California, kennel structure is also in and for the County of Butte; that said newspa- roposed,' which would ge located just to' the' per at all times herein mentioned was printed north of the existing d okennel;; Aneadditionagg l and published daily in the City of Chico and septicsystem would be installed County of Butte; that the notice of which the ineeof he a isting ken annexed is a true printed copy, was published in net "septic caystem long honed 'to •`handle said newspaper on the following days: the, increase, In 'dog waste and wastewater. The project site is locat- of DeC. 8, 04. ed on the north'side Lower Honcut' Road, approximately 2.5 miles east -of SR-70,'at. 1021 Lowdri Honcut"Road: and is approximately 0.8 ''miles west of the com- om-munityof Dated December 29, 2004. munity ofHoncut.'APN " 028.030-028 &•028.030. ' at Chico, California. 1027 (SB);(File N UP04- . . \ 25). Act tat', California'; n Act ronmentalSUuali� m requlres, this'l notice to (Si IUre) •' disclose.;whether Iany* ' listed toxic, sites are pre- _ sent on the project site. The project site does not • contain a. listed , toxic. . site. k. , t °The�lnitial Sludy/Mitt-, . ` gated Negative Declare-, lion and reference docu, menta - for'this' project are on' file •for.•publlc , review starling Decem- - ( ber,.8; -2004, througgh ' Janus ry 6,-2005, at Ins Botts unty Planning, Division, 7 County Con- ter0riverOroville; Cali= - foinia.' All Interested per _ sons'f are Invited : to reviewthe documents. Written comments will • ber'accepteduby,f.the Planning Division at the above, address. Any.writ- ten•'comments•on. the' Initial; Stu /Mitigated �' Negativet Declaration must be received at the aboveaddress within; . the public review period. I Y391t you challenge , the: Initial ' Study/Milipated. Negative Declaration In limit-, court, you'may be h: ae-d the Planning Divisicn. -.The •Bulla County Planning Com-' mission will hold a public hearing on this project, the date, time, end loca- tion of which has not yet - been, gA!:dattirmined. Landowners within 300 feet of the project site will :'receive iwritten notice as 10.1he data; time; end location of the. Planning t,Commission . Hearingg. For (urtfier Information. - „regardingsthls" roject,, &lease contact is heni It, os n rim Mariner. at; Publish: Dec. 8, 2004" .I ' CEQAnet - Folsom Use Permit (UP 04-25) • Page 1 of 2 California Home Thursday, Di OPR Home > CEQAnet Home > CEQAnet Query > Search Results > Document Description Folsom Use Permit (UP 04-25) SCH Number: 2004122004 Type: Neg Project Description Use Permit to allow the expansion of an existing dog training kennel from 30 dogs to 120 dogs. The existing 2,805 square foot dog ke proposed to be expanded by approximately 1,320 square feet (40 ft. x 33 ft.). A new 2,805 square foot (85 ft. x 33 ft.) dog kennel strut proposed. Project Lead Agency Butte County Contact Information Primary Contact: Stephen Betts Butte County (530) 538.7153' 7 County Center Drive Oroville, CA 95965 Project Location County: Butte City: Region: Cross Streets: Lower Honcut Road' Parcel No: 028-030-028 & 028-030-027 Township: 17N Range: 4E Section: 17 Base: MDB&M Other Location Info: Honcut Proximity To Highways: 70 Airports: Railways: UPRR Waterways: Wyandotte Creek, N. Honcut Creek, Wyman Ravine, Wilson Creek Schools: Honcut Elementary Land Use: Dwelling unti, dog kneel, fallow rice fields, duck hunting / A-40 / Orcahrd and Field Crops Development Type Other Local Action Use Permit http://www.ceganet.ca.gov/DoeDescription.asp?DocPK=576540 12/16/2004 . CEQAnet -Folsom Use Perm* 04-25) Page 2 of 2 Project Issues Aesthetic/Visual, Agricultural Land, Air Quality, Archaeologic -Historic, Drainage/Absorption, Cumulative Effects, Flood Plain/Flooding, Hazard, Geologic/Seismic, Growth Inducing, Landuse, Minerals, Noise, Population/Housing Balance, Public Services, Recreation/Par Schools/Universities, Septic System, Sewer Capacity, Soil Erosion/Compaction/Grading, Solid Waste, Toxic/Hazardous, Traffic/Circul Water Quality, Water Supply, Wildlife Reviewing Agencies (Agencies in Bold Type submitted comment letters to the State Clearinghouse) Resources Agency; Department of Fish and Game, Region 2; Department of Parks and Recreation; Caltrans, District 3; Department c Services; Regional Water Quality Control Bd., Region 5 (Redding); Native American Heritage Commission Date Received: 12/1/2004 Start of Review: 12/1/2004 End of Review: 12/30/2004 CEQAnet HOME I NEW SEARCH http://www.ceganet.ca.gov/DocDescription.asp?DocPK=576540 12/16/2004 November 30, 2004 BUTTE COUNTY PLANNING COMMISSION 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 DECLARATIONIUSE PERMIT John and Debra Folsom, Use Permit to allow the expansion of an existing dog training kennel from 30 dogs to 120 dogs. The existing kennel was approved by Use Permit 87-8 in 1986. The existing dog kennel is utilized for the training of hunting dogs, primarily retrievers. Some breeding of dogs also occurs. The existing 2,805 square foot dog kennel structure is proposed to be expanded approximately 1,320 square feet (40 ft. x 33 ft.). A new 2,805 square foot (85 ft. X 33 ft.) dog kennel structure is also proposed, which would be located just to the north of the existing dog kennel. An additional septic system would be installed and the leach line of the existing kennel- septic system lengthened to handle the increase in dog waste and wastewater. The project site is located on the north side of Lower Honcut Road, approximately 2.5 miles east of SR -70, at 1021 Lower Honcut Road, and is approximately 0.8 miles west of the community of Honcut. APN 028-030-028 & 028-030-027 (SB) (File # UP 04-25). The California Environmental Quality Act requires this notice to disclose whether any listed toxic sites are present on the project site. The project site 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 December 7, 2004, through January 5, 2005, at the Butte County Planning Division, 7 County Center Drive, Oroville, California. All,, interested persons are invited to review the documents. 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 Commission will hold a public hearing on this project, the date, time, and location of which has not yet been determined. Landowners within 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 Stephen Betts, project planner, at (530) 538-7153. YVONNE CHRISTOPHER, DIRECTOR OF DEVELOPMENT SERVICES To be published in the Oroville Mercury Register on Tuesday, December 7, 2004. q;* 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: Folsom Use Permit (UP Lead Agency: Butte County Contact Person: Stephen Betts Street Address: 7 County Center Drive Phone: (530) 538-7153 City: Oroville Zip: 95965. County: Butte ----------------------------------------- Project ------------------------------- ------- Project Location: County: Butte City/Nearest Community: Honcut Cross Streets: Lower Honcut Road Zip Code: 95966 Total Acres: 80.0 Assessor's Parcel No. 028-030-028 & 028-030-027 Section: 17 Twp. 17N Range: 04E Base: MDB&M Within 2 Miles: State Hwy #: SR -70 Waterways: Wyandotte Creek, N. Honcut Creek, Wyman Ravine Wilson Creek Airports: None Railways: UPRR Schools: Honcut 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 — — — — ------------------------------------ -------------------------------------- ❑X Public Services/Facilities ❑ FONSI ❑X Recreation/Parks Local Local Action Type: ❑ General Plan Update ❑ Specific Plan ❑ Rezone ❑ Annexation ❑ General Plan Amendment ❑ Master Plan ❑ Prezone ❑ Redevelopment ❑ General Plan Element ❑ Planned Unit Development © Use Permit ❑ Coastal Permit ❑ Community Plan ❑ Site Plan ❑ Land Division (Subdivision, etc.) ❑ Other Development Type: ❑ Residential: ❑ Office: ❑ Commercial: ❑ Industrial: ❑ Educational ❑ Recreational Units Acres Sgft. Acres Employees Sq.ft. Acres Employees Sqft. Acres Employees ❑ Water Facilities: Type MGD ❑ Transportation: Type ❑ Mining: Mineral ❑ Power: Type Watts ❑ Waste Treatment: Type ❑ Hazardous Waste: Type © Other: Expansion of an existing doo kennel ----------------------------------------- Funding ---------------------------------------- Funding (approx.): Federal $ 0.00 State $ 0.00 Total $ 0.00 ----------------------------------------- Project Issues Discussed in Document: © Aesthetic/Visual © Flood Plain/Flooding © Agricultural Land © Forest Land/Fire Hazard © Air Quality © Geologic/Seismic © Archeological/Historical © Minerals ❑ Coastal Zone © Noise © Drainage/Absorption © Population/Housing Balance ❑ Economic/Jobs ❑X Public Services/Facilities ❑ Fiscal ❑X Recreation/Parks © Schools/Universities © Septic Systems ❑X Sewer Capacity © Soil Erosion/Compaction/Grading © Solid Waste © Toxic/Hazardous ® Traffic/Circulation . © Vegetation ❑X Water Quality © Water Supply/Groundwater ❑. Wetland/Riparian ® Wildlife (Z Growth Inducing © Landuse © Cumulative Effects ❑ Other — — — — — — — — — — — — — — — — — -- — — — — — — — — — — — -- = -- — — -- — — Present Land Use/Zoning/General Plan Designation: Dwelling unit, dog kennel, fallow rice fields, duck hunting / A-40 / Orchard and Field Crops — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Project Description: Use Permit to allow the expansion of an existing dog training kennel from 30 dogs to 120 dogs. The existing 2,805 square foot dog kennel structure is proposed to be expanded by approximately 1,320 square feet (40 ft..x 33 ft.). A new 2,805 square fRotis(8d53f131x933 ft.) dog kennel structure is also proposed. 23 Reviewing Agencies Checklist 0� 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 -ZCALTRANS 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) Starting Date December 7, 2004 Form A, continued KEY S = Document sent by lead agency 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 # Z Youth & Adult Corrections Corrections Independent Commissions & Offices nergy Commission Native American Heritage Commission Public Utilities Commission Santa Monica Mountains Conservancy State Lands Commission Tahoe Regional Planning Agency Other Ending Date January 5, 2005 Signature lC Date Lead Agency (Complete if applicable): Consulting Firm: Address: City/State/Zip: Contact: Phone: (__) Applic Address: . John and Debra Folsom 1021 Lower Honcut Road City/State/Zip: Oroville, CA 95966 Phone: (-530 ) 742-3647 November 30, 2004 For SCH Use Only: Date Received at SCH Date Review Starts Date to Agencies Date to SCH Clearance Date Notes Apn_bldg_f 028-030-042 028-030-032 028-030-050 028-030-029 028-061-017 028-030-038 028-030-041 028-030-002 028-030-034 028-061-023 028-061-003 028-030-039 028-030-043 028-030-003 028-030-021 028-030-040 Owner BACON RANCH LLC BAINS SUKHJIVEN SINGH & SUKHWINDER KAUR FERRY WILLIAM L FOLSOM JOHN & DEBRA HARVEY VIRGIL & SHARON HASSAN CAROLYN JARA RAFAEL C & MARIA A LANZA ROY E & SONDRA ETAL NORTH FORK RANCH INC ODELL JULIE F OXLEY SHERIDAN PORTER PATRICIA ROGERS CASEY & ROSE SCHWARTZ ALFRED G REVOCABLE TRUST A VILLA JOSE JESUS & TERESA V ETAL WALLACE WENDY D PARADISE DESIGN GROUP Owner add P O BOX 1424 1555 MEADOW LARK WAY P O BOX 930 1021 LOWER HONCUT RD 28 BROWN BLVD 59 PHEASANT LANE 1201 LOWER HONCUT RD PO BOX 591 60 MAIN AVENUE P O BOX 482 128 BROWN BLVD 22 PHEASANT LANE 824 LOWER HONCUTT RD P O BOX 213 3470 IOWA CITY RD 21 PLEASANT LN 6402 SKYWAY Citystzip COLUSA CA 95932 YUBA CITY CA 95993 HOMEWOOD CA 96141 OROVILLE CA 95966 OROVILLE CA 95966 OROVILLE CA 95966 OROVILLE CA 95966 MARYSVILLE CA 95901 SACRAMENTO CA 95838 PALERMO CA 95968 OROVILLE CA 95966 OROVILLE CA 95966 OROVILLE CA 95965 CLAYTON CA 94517 MARYSVILLE CA 95901 OROVILLE CA 95965 PARADISE, CA 95969 0, d i s t air; � t O O00 h r^ �., , t•a," - ti y,r '! '4i _ W' ,�'_ '£vtt ' 't .. v'"fid J{. rFILE NO.: 28-03-27 and 28 =1; BUTTE COUNTY PLANNING COM9ISSION ,�,;�;STAFF FINDINGS — November 12, 1986 ,V, -APPLICANT: John Folsom 1111. .. r. OWNER: REQUEST: AP NO.: SIZE: LOCATION: "EXISTING ZONING: iZONING HISTORY: 4 SURROUNDING ZONING: xo. h SURROUNDING LAND USE: SITE HISTORY: r GENERAL PLAN DESIGNATION= APPLICABLE REGULATIONS: Jim Walker Use Permit•to allow a 30 -dog private tralning,kennel 28-03-27 and 28 Two parcels of 40 acres each North s 1 de of • L,. :- •r Honcut Road approximately 3.• mile west of the town of Honcut A-5 Zoned A-5 June 20, 1967, Ord. x+937 A-5 Dry pasture, agricultural processing, rice, single-family residential in Honcut Mobile home installed in 1979 with storage and cabana Orcha,-d and Field Crops Butte County Code Sections 29-43 and 24-47, Board Addendum 86-147 .Comments Received: aDepertment of Pubilc"Works: "Driveway must,meet County standards.- nj. ,kEnvir,nmetal He lthi ^1'ilf`Dog~runs to be constructedlto permitr�� ' �twashdowm%to ,centras a,�dcal n {.for',removal tof dog Our i ne and fecal ., mater i al.,' t2 La Meln-ldog run'-drain'�to;connect',to an approvedAseptic��tank'ar I' leach. sa ines�'instal led; under}?perrtilt'and inspection from the Health .Department." Northwest SPCA: "The SPCA would like to inspect the facility prior to opening -and have a record of current rabies vaccinations each year for ,owner's personal dogs." A i r 'u }. ...retia .K_� � __ r .,�'•. k , • • BUTTE COUNTY PLANNIMCOMISSION FIN_ DINGS oD 1No 12� IW6 Page 2 r lA r z. .�all LJaf1 s oa O r <' '3t r t o' ",�. ., . •�, t ,i n of .3/4/86 � 's Usey,Perm 1 t ' 1 s l"� tl',;.�f*ta�3;1 , prT#a'te rkenneY�•tf n a1"1K agricultural zones.' The Ute Perm1t v.i process'prodes'the Planning"Commission with an opportunity to consider potential impacts to the neighborhood. This project is located in rice fields west oq� the town of Honcut. A large ditch on the north side of the road and a berm reduces the view of the property from L6"er Honcut Road. The.nearest resldance is approximately 800 feet to the east. Tfe applicants are dog trainers, offering specialized obedience and retrieval training for hunting and trial (competition) dogs. Hunting dogs stay approximately three months, trial dogs may stay six months to a year. Up to 30 dogs can be accommodated at the facility, but the average number at any one tune is 18. Only dogs in training use the kennel. Daily training will be conducted on site. BScause of the large parcel size, and separation between the kennel and eA,1attng residential uses, noise is not expected to be a problem. i1o"ever, if the Planning Commission Is conc-.arned about noise levels, the kennel could be screened with fast-growing vegetation. Another alternative is to completely enclose the kennel and provide ventilacicn and temperature control. The Folsoms had previously applied for a Use Permit for this facility on a property located off Walker Lane east of Highway 70. On June 11, 1986, the Planning Commission approved the proposed Use Permit, with seven conditions. A neighbor appealed, and, prior to the appeal hearing at the Board level, the applicants withdrew their Use Permit request. Recommendations: A.,' Find that the requirements of CEGrA have been completed and 1 considered, and adopt'a Negative Declaration; B Find that the proposed use complies with Butte County Code Sections 24-43 and 24-47 and Board Addendum 86-147, in that the proposed uses of the property will not impair the character and integrity of the zone in which the land lies and that the use would not be unreasonably incompatible with or injurious to surrounding properties or detrimental to the health and general welfare of persons residing or working in the neighborhood or to the general r health, welfare and safety of the Count;; and C.r Approve a Use Permit to allow a private dog training facility and kennel In an A-5 zone on AP 28-03-27 and 28 (John Folson), subject to the following conditions= 1 1. Ail animal wastes to be confined to an underground septic tank and wastewater absorption field installed under permit and inspection from the Health Department. ,n { ra y Y E.,s G *rl�tv^k"1 ,. Fera .____......w.....�.....,......:.......s:.......e.y.....,.�.:ir..�.«�:�r+�'�'rla's:.-..;..a.R;sw DISCU33IOM Ot► Btt1IRONl1[sRTAt eve■ tna�iQN �:r AP 28-03-27,28 3�jY •r.� �'f� �f••�iftifX.!�✓'yf�'j��k+�J�ji�F, `'°. ''r �'r � 's5'ty ' ..,,. '' The Uss 4ParwiL will-tiallost�a priraLe'. o` trainins;•faeility. and°kennel. oto",thirlys � 30 )<,: gots oiufa:be accoeutodaEsd`,'' but ;she • average number at any one?time;!is �i�htesst(18)a`Spi-cialized.'obedience andiretrieval training„is''providedz,for;hunLins and "trial dogs. Hunting dogs stay approximately 3,J%onti9 trial''data asy stay UP -to one year. Daily trainias:Mill be' -conducted ;on=sited` "' Na`im to • ..•;,_r: •. r a ,p� �rq ,.. , ; , �, . p Yses 'are anticipated. lb. I. Tlt�%proposed "kenni;l;.will' oirirccver a minimum of 3000 square feet, widenins,of the driveway:'anVadditional'3000 square feet. One mobile is presently,'.on-site which Js`approximate1y,400 square feet.. Total overeorerins is"oftcted,Ao�be.Joes'�'.thaw':7000, square ;fest.:. Additional soil diareeption caaabe �xpacted+froiikrAnsi'4 lotion of ,the se tic tank,'and leach, Iineame .�I' Iaela.:._a .�'s�:,li:-4�n.. .:41e0�--.•,.z-., _ .,.._.. P --- �7 e. -.• - •. •- 37!C.�. :T .�. `C srtirr.,•t :+rFrs; n a Maste4 i� one';source of, odor ,irhich girt 'large "amounts could' be oDSectioAable.;" Odors rare";k®pt' to• a iiinii6um by 'daily cleaning of the kennel and-disposiV'ofYMastes.`!n`septic ;systems: Odors shouLd be no treater from doss:,than;frac?livestock•on'surrounding parcels. There are no'houses'within.the�immediate, vicinity. .. 3drj.8 Zone A flood boundary occupies the northern half of parcel 28-03-27. No development.is proposed on this parcel. To minimize future flood hazards to persons and property, the presence of the flood Plain should be noted in the deed. No development, walls, or septic systems will be alloxed.within the flood plain. 3h.8 Ths'kennel is designed so that upon hosing down each dog run, wastes will autoaatically•.flow into a septic system on-site. This septic sy#atem will be installed under permit and inspection by the Environmeutal Health Departmentg therefore@ no discharge of animal wastes to groundwater is anticipated. 4d.8 The properties are not currently being farmedo however, it is well suited to rice and other irrigated crops with careful application of Irrigation waters. 6d.1 Wetlands and flooded fields provide habitat for migratory birds and waterfowl. No impact to this habitat is expected given the location of the development. 6a.I Up to thirty (30) dogs will be housed on-site. Daily obedience training.' and exercise will generate noise. The property is 80 acres. Training will occur over much of the property. Noise is mitigated by the large.: parcel size `and:separatlon from sensitive uses such an residences.,.,+ e t.' The "Field Crop4end:ia'zo,.e. d "A-5 Porty a-0:Orehardrand,Agricultural o -uses . .>tl+;'i't' n,.'�i^frG�'CF,6,br;��c'�.a�A�at b'^��ir,§'�;13. 1�;r3r�.r►�.k i��: e�fi.. *'7s•+v�•i::�x,.i: �os .. -...?°;-s .. k. t>,.'. +.Jo:. r �:a ��'•.Y use �. i>>c�'C ;�w1iN n�wkr�; vis. 1,i��n '``t�JC•�rk2i�`•� � a t i �'+� ,.H int -, ' 12. t ; Fone►; houses a� ,loCatad :betwewitz 80Wand, 2000;.feit `sant of the P�P�'ty,r'h�KMnel"�aeti�ler'�ia'�aot�expecred toibe� aiiy, ;renter ;than' typical"lsat^etin;'Optratioifs:2'Parcel'sizestaeparate ,the hoinee minimizing pOteiltialSrQ6MVl&Iftt6" of 7odor j snoise j etC • Ftp A, i �'' r '>w`�. r> �t si,�w ��.:,�+�"�'�'�j4 ��ti' ��� i "afl i�`�' - i:5 v; l'; a,c!'+: A s.. �, •.�. i -i-.7, , •�i 13.t r Traffio;wiil;be liwitedgeo.an'oecailanal`owner visiting a dog and tiest..dou etlterin;;tlie:taoility: '�Sii sa do;s`will,'be trained on-site, daily traffic• is;aot exV"tsd' 16'bi'any',greater than that, normally aasooiatod;witphp..•".o-�i"" otdfuc i�:.•Thit.drivewayl;will,have to,be upgraded to DepartMMt ' of.t Public', porks y statld" fe.,•�t��;j:Sr<,al+.'�r'_?,�.y 1;iA� i r .T �+ •r .,, ' tbd. t ; A' aeptie taint Mill' bi installid ,under,, pirait, and inspections from Butte County Bnvirottaentsl,SeallhtDepartwent., 16f.14 Solid itaatt Lfrew. Ai ala`ai11�,jDt'disposid of,, &n,the Sept lcr ` ayatetn • '!�' ! tS.^ a `' � �Tti � 4�z�� $,f4 "41 iii";. �q�.S^s+�<r{�'' �iZ'tiv i t►^�' + tx �ti r ~ i { �.+ ,x i 't rf ��: F. �..•:} w;l ,ta Y� r . r Yv C Ja � �ir �7 �°''� � S,y' f t� �s 2 � �s' �C��'Z{ ' 'EI Tns?project':,wi11;roe ttltZp%ano.ai281fican `impact"tc;'the` nvirartment.'s,: .' therafefrm;' a:tteaatir•jdtiolaration ii`'recatoaended .. _Conditions concerning the septic syatetst;arioewar.aie flood'plain.will be attached to the Use i r �}: � �. �„,�i.�,} .�.1�+'. 1.. l y rv,'�,4 :!.;`P Y"!..�,y T�. �. �^4N.i ��._t�'tt`• �. .i +L -.+.i, tiles .�[:�... .... � '4T: .. .. 1 .. {. ,. .. t 1 • 11 s i•:? -.rs,' ,�srjti .� 'EY�'YS l;•a13'y6,� a. a' `t �r • 1 i.ti/./..Yltt, Oso`• Permit j. fail ty.:. i'lletlt � �nsd ps,etieit to : CJ a As John and Debra Iola om - proposed Negative Declaration regarding enviroememtalimpact and Use Permit to allow a.30 dog private training kennel. on property zoned A-5 (Agricultural - 5 acre parcels)•located on the north side of Lower Honcut Road, approximately 3/4 west of the t 1` Town of Roncut.,identified as AP 28-03-27, 28, Honcut. The Ccaission waived the reading of the staff findings. The nearing was opened to the pub=lic. Dsbrl Folsom stated that this project will be on 80 acres in a low density area. o(t;She objected to Condition 03 not allowing firearms in this isolated area. She ',1�• stated°.that the property was in a hunting area. C=4#sioner Halter stited•that he visited the area. -and it is a hunting area. ' lir.• Yoker. Honcut, stated.that his property'was adjacent to the project site. He vis>against 30 dogs being next door. He objected to the permit. He stated. that he uses his 40 acres for grazing and there is no house on the property. He stated that his house is within 200 feet of this 40 acres. He was against thti permit. There was a brief discussion with Mr. Yoker as to exactly where his property and house were. Debra" Folsom explained that the 30 dogs will not be allowed to run free they willbe out one or two at a time and have a trainer with them at all times. Commissioner Walter asked staff if Condition 1 was still a requirement because of the location. Staff stated yes. Commissioner Lynch felt that the wording was clearer under the commei.t section for Environmental Health and suggested using this wording for Condition 1. V, Nancy Akins was worried about noise and concerned with dogs being loose. John 4olsom stated that he has lived next door to kennels for years and he does not like the noise either. He stated that he will control the noise. Chairman Vercruse questioned Condition 9. John Folsom stated that it was no problem to plant trees, but there were already trees down the divider line that divides the east 40 acres. There are trees around the site. Commissioner Lynch stated that they were approximately 500 feet from each of the side property lines. He asked if there was a residence across the road on the south side of Honcut Road. ..ice +mss \lk •R ,1 ; �` ` .4V wu MA - 7 •e' 0017: k p p flag 7':7 x i; r, John Folsom stated that there was a caretaker whom he has talked to. Staff stated that their recommendation to the Commission in past actions has maintained a requirement for a minimum sound level at the property line on kennels in the County regardless of the location. t�. Yoker felt the location on the map was confusing. �airm miVercruss stated that both parcels are included in the project but the ly on oas.:Pas�al 28. y'• of •• Was closed.�� J V;.• a - is�onar Na lter:telt`thit,this vaa an ideal location for a kennel Ha'felt t 15ix.. " a good use-of;ths land and he did'not'feel that there waa' a"need for Y scars trees. �Commiasioner Lambert requested that Condition 9 be left in because the area is ;Zoned for 5 acres and could be split in the future. Commissioner Walter felt that this would be hard to track. Staff stated that ..this was part of the Noise Element of the General Plan. It was agreed to leave + it in. �It was moved by Commissioner Walter, seconded by Commissioner Lynch, and ('.unanimously carried for approval as follows: 1A. Find that the requirements of CEQA have been completed and considered, and adopt a Negative Declaration; and i. ind that the proposed use comp j�B. Plies with Butte County Code Sections 24-43 and 24-47 and Board Addendum 86-147, in test the proposed use of the property will not impair the character and integrity of the zone in which the land lies and that the use would not ba unreasonably incompatible with or injurious to surrounding properties or detrimental to the health and general welfare of persons residing or working in the neighborhood or to the general health, welfare and safety of the County; and C. Approve a Use Permit to allow a private dog training facility and kennel in an A-5 zone on AP 28-03-27 and 28 (John and Debra Folsom), subject to the following conditions: t. Dog runs to be constructed to permit washdown to central drain for t' removal of dog urine and fecal material. Main dog run drain to connect to an approved septic tank and leach lines installed under permit and inspection from the Health Department. a 2. This permit is expressly limited to training of dogs in programs lasting a minimum of three =onths, and boarding of those same dogs in private kennels on-site. Any expansion or changes of use will require modification of the Use Permit pursuant to Butte County Code Section 24-48.4. 3. Firearms will be used on-site for dog training only during daylight hours. 4. Dog exercised on-site out of kennel compounds only under the direct control of trainers. S. Pi6vide the Society for.the Prevention of Cruelty to Animals the opportunity., to Inspect the facility prior to opening. 6. P"r6 Vida the Society for the Prevention of*Crualty to Animals a record of current rabies vaccinations every year for the owner's personal dogs. 7. No development shall be permitted within the Zone A floodplain, approximately located an the north half of AP 28-03-27. B. Shielding or construction to be developed to keep noise levels to a .minim= and not to exceed 60 dB at property line, pursuant to the Noise .Element of the General Plan.. 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Last modified: May 25, 2004 http://www.dogsafield.com/webstore/Products/RO03-002.html 8/24/2004 A RECEIVED MAY 16 2004 COUNTY 0 Proposed Expansion of Butte County Kennel Facility - Hightest Retrievers Hightest Retrievers has been operating a successful dog training; boarding and breeding kennel since 1987. The kennel located at 1021 Lower Honcut Rd. has a solid reputation as being the premier retriever training kennel in Northern California with a high standard of training and cleanliness in a park like setting. The kennel has passed Butte County Animal Control inspections annually and receives compliments from inspectors on the high standard of sanitation. The training activities and kennel have resulted in no complaints from neighbors in 17 years of operation. Due to the success of Hightest Retrievers we would like to expand to accommodate the increased demand for our services. We are planning to do this in two phases. Phase one would add kennel space on to the current building. Phase two would be to add another similar building for additional kennels and an office. We currently employ 3 full time and 3 part time employees. When phase two of the expansion is complete we anticipate this to increase to up. to ten employees. Approximately 10 cars come and go to the facility currently during the day and we expect this to increase to approximately 20 per day after expansion. We currently have parking for 15 or more cars. The services we now provide and plan to continue to offer are breeding, field training for retrievers which is a three month course, a six week all breed obedience course and boarding with supervised daily exercise programs. Most of the boarding is fairly long term (one week or more) and many of the boarders are graduates of one of our training programs and continue with like training while boarding. We plan to continue offering the same programs with an expanded facility. We currently use mostly small caliber 32 blank pistols to train the retrievers in the field. This training usually takes place late morning to mid day. Shotguns are also used although less often. We currently shoot approximately 30 to 50 shots a day and anticipate this may increase by 50 to 75 %. This doesn't seem to be a problem as we are surrounded on the north, west and south by hunting clubs with a small farm to the East. We own the 40 acre parcels to the West (AP # 028-030-027) and to the East (AP # 028-030-029) of the kennel sight. The kennel buildings, current and proposed are located on the middle 40 acre parcel (AP # 028-030-028) of 120 acres. Most of the training takes place in and around the kennel but the entire 120 acres are used to give the hunting dogs exposure to various field conditions. The current kennel building disposes of waste using a septic system. We are proposing to do likewise with the addition and new building with a septic system designed by engineering firm, "Paradise Design Group". We currently use barking collars to control barking at the kennel and also the kennels are enclosed inside the buildings. The buildings have insulated shutters that can be closed at night for additional noise control. We have occasionally used the property for retriever field events on a very limited basis under the regulations of the California Dept. of Fish and Game. This maybe a possibility in the future but is not part of the general plan of daily business. General Information The proposed project is for Butte County AP # 028-030-028 at 1021 Lower Honcut Rd. Oroville, 95966 owned by John & Debra Folsom. Voice phone 530-742-3647. Fax 530-742-3653. This parcel is not in the flood zone. All development on this parcel including the home, kennel & pumps are powered by P.G. & E. overhead wires. The Folsoms have constructed an approximately 3 to 4 acer pond just North of their residence for aesthetic value and retriever training. The pond is filled by pumping ground well water using a 50 HP electric pump. Environmental Setting The 120 acres of land owned by the Folsoms is farmland that has been fallow for the past 20 years. The adjacent property to the West is also fallow rice fields that have been converted to duck habitat for hunting. The adjacent property to the South is a rice ranch that is -currently in production and is also a duck hunting club. The adjacent property to the North is seasonal cattle pasture land.- The adjacent property to the East is an approximately 20 acre farm with surrounding pasture. The nearest neighboring residence with the exception of our manager's quarters is approximately 1/4 mile from the kennel site. The North - West corner of parcel AP # 028-030-027 is in the flood plain. No development would occur on this parcel. IDDLE HONE i i I I 6 I 100 O 160AC. 50 — — — 30 507.75AC. G� 4 � RP 121 o.6a I ----- ----- 43 1 1 I f L 55.03=AC. 1 00 91.09 Ac '8.938Lc'� ( 106 Ac J' - f 4 1 t •435 311 A--! 37 I d 17 151AC. 1 2 TSBE 872- 4 1 cc I -L 1 1 —� —20 PK 49 -OSI I G� 1 I Ut/ ► VA PN Ct► %- 06 Gv 325.09AC 0� 0� 07 /�pS �PRiOPJE ROAD LOT 84 120 AC. OAC. I R/5 S !- 63t 4 41 ©7 a'E 28 v o+ 29 i> 4� 3 2 , 4. 9 LOT 7S 40AC T 46.:C 40AC Ac 1 (1224.39) 4 (771.51) - 2 p�o,�ECT SITE ® 7 aac. 23.35 AO 132 62.36 As:. 735.18 i.3z3.j4 17 121 o.6a I ----- ----- 43 1 1 I f L 55.03=AC. 1 00 91.09 Ac '8.938Lc'� ( 106 Ac J' - f 4 1 t •435 311 A--! 37 I d 17 151AC. 1 2 TSBE 872- 4 1 cc I -L 1 1 —� —20 PK 49 -OSI I G� 1 I • Training Area Residence with pumped water Existing Kennel Proposed Addition TM �. o -e vA 1.. - �< Proposod New Building � - r � - y. 7A� tom' � �':lrt O '_mow i7 M a�• a`Y 1 ��•,4� �` � °�TM • �' Fh-r�' tin f 6+�� , ♦ Y� y Site Pictures 7�1 Cattle Pasture Fallow Fields' RAS } • Q r- S. }r `. f ^� View looking North View looking South 0 0 Small Farm Fallow Fields View looking East I Duck Club Fallow Fields View looking West peptic System Design for Hightest Retrievers 1021 Lower Huncut Road Oroville, CA Butte County April 26, 2004 -P-Lv%slEt;, 4 Zo-ci Prepared by: Paradise Design Group 6402 Skyway Paradise, CA 95969 i 0 Paradise Design Group � 2004 Locatfon: 1021 Lower Huncut Road, O oville, CA I BY. mw Ch: ISM. I Basis for Design: System is a gravity fed septic system for a dog kennel expansion. Design herein to address wash water usage and disposal. System is an enlargement of an existing system to accommodate an expanded kennel operation. Design is a supplement to a use permit application currently in process with the County of Butte. References: 1. Site visit on February 5, 2004. 2. Use permit application by Paradise Design Group, Paradise, CA 3. Meeting with Carl Durling, Associate Planner on February 5, 2004. 4. Water Usage determined on site with owner (daily wash water). Loads: Water consumption (rate): 3.8 gpm Wash duration (74'x30' bldg): 30 minutes Paradise Design Group --1 Pro ect Hi htest . _ - Se tic S stem Desi n Date: A dl 26, 2004 Location: 1021 Lower Huncut Road, ®roville, CA ]By., mw Ch: Sht: 7— Fm 0: . aoS , 3,a �3�= AC) x�ZJ /��TJt�ri^i4T`1 -To �XI�TI N -& 1Tr15 Cco t�,T7 I �O L=he'N L4t,3E / 1cCD Paradise Design Group I rry ecg: n "lum _ - ae c a em lDate: Aptil 26, 2004 Locadon:. 1021 Lower Huncut Road, Oroville, CA ay. mw Ch: Sht: (tu� To Eycp+l Nj�)- A c� to '` LEA-� LltiE 0 AP 028-030-028 John Folsom I� I UP 04-25 PLANNER CHECK IMMEDIATELY FOR DISTRIBUTION OF PUBLIC HEARING NOTICES Butte CountyD • Department ent PLANNING DIVISION 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile April 20, 2004 ofDevelopment ment Servic• TO: ENTER AGENCY/DEPARTMENT FROM: Stephen Betts, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: John and Debra Folsom, Use Permit - UP 04N-25 APN: 028-030-028 DATE OF IDR*: 5/5/2004 *Inter -Departmental Review Committee IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: May 3, 2004 AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: May 20, 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 5/5/2004, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: Use Permit to allow the expansion of an existing dog training kennel from 30 dogs to 120 dogs. The existing kennel was approved by Use Permit 87-8 PROJECT LOCATION: on the north side of lower Honcut Road,- approximately 2.5 miles east of SR -70, at 1021 Lower Honcut Road, Honcut area COUNTY SUPERVISOR DISTRICT NO.: 1 ZONING: A-5 (Agricultural, 5 -acre parcels) GENERAL PLAN: OFC (Orchard & Field Crops) If a response cannot be submitted prior to the due dates listed above, please call Stephen Betts at (530) 538-7153 or send him an e-mail at sbetts@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 August 12, 2004, before the Planning Commission. IDR COMMITTEE = APPLICATION COMPLETE: ET No (Please send response to sbetts@buttecounty.net by May 3, 2004 TI Yes (Conditions/mitigation measures due by May 20, 2004) K:\Planning\Projects\CommentRequestForm.dot LEAD IN SHEET FILE NO: UP 04N-25 APN: 028-030-028 APPLICANT: John and Debra Folsom 1021 Lower Honcut Road Oroville, CA 95966 OWNER: John and Debra Folsom REPRESENTATIVE: David G. Anderson REQUEST: Use Permit to allow the expansion of an existing dog training kennel from 30 dogs to 120 dogs. The existing kennel was approved by Use Permit 87-8 LOCATION: on the north side of lower Honcut Road, approximately 2.5 miles east of SR -70, at 1021 Lower Honcut Road, Honcut area SIZE: 40 acres SUPERVISORIAL DISTRICT # 1 EXISTING ZONING: A-5, (Agricultural, 5 -acre parcels) GENERAL PLAN DESIGNATION: OFC (Orchard & Field Crops) ZONING HISTORY: SURROUNDING ZONING: SURROUNDING LAND USE: SITE HISTORY: APPLICABLE REGULATIONS: ASSIGNED PLANNER: Stephen Betts Date ADnlication Received: 4/13/2004 Date Project Assigned: 4/19/2004 IDR Date: 5/5/2004 30 Day Complete: 5/13/2004 Preset Hearine Date: 8/12/2004 o � • COMMENT DISTRIBUTION LIST County Offices and Cities: Chief Administrative Officer X Develop. Services Director X Public Works Director X Environmental Health X Assesor X Building Manager Sheriff BCAG _ ALUC X LAFCo Air Quality Mgmt. _ Butte Co. Farm Bureau Biggs _ Gridley _ Chico _ Oroville Paradise Chico Airport Commission Information Systems Dept. Y Animal Control X Agricultural Commission X County Counsel Irrigation District: _ Butte Water —Biggs/W. Gridley Water _ Durham Irrigation _ OWID _ Paradise Irrigation _ Richvale Irrigation Table Mountain Irrigation _ Thermalito Irrigation _ Other Domestic Water _ Butte Water District _California Water Service Co. _ Del Oro Water Co. _ OW ID _ Thermalito Irrigation District _ Other Sewer _ Butte Water District _ Themalito Irrigation _ Sterling City Sewer Main 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 _ Feather River Rec. & Park Paradise Recreation & Park Richvale Recreation & Parks Utilities _ PG&E North - Chico _ Chambers Cable TV _ Pacific Bell PG&E South - Oroville Viacom Cable TV State Agencies CalTrans (Traffic) _ Dept. of Water Resources Dept. of Fish and Game Forestry (Attn: Craig Carter) _ Dept of Parks and Rec. _ Highway Patrol Central Reg. Water Quality Cont. _ Caltrans, Aeronautics Program _ Off. of Governmental & Env. Relations _ Department of Conservation _ Off. of Mining Reclamation _ Dept.Social Services, Comm.Care Licensing Federal Agencies _ US Forest Service _ US Bureau of Land Management _ US Fish & Wildlife Service Army Corps of Engineers _ National Marine Fisheries Sservice Other Districts, Agencies, Committees, etc. _ Lime Saddle Dist _ Community Association School Districts _ Drainage _ Butte Env.l Council _ Reclamation _ Cal Native Plant Society _ Butte Co. Mining Committee _ Forest Ranch Community Assoc. _Paradise Pines Com. Assoc. _ Butte Ck. Watershed Conservancy _Mosq. Abatement. Oroville/Butte Co K:\Planning\Forms\DISTR.wpd "DRAFT" LEAD IN SHEET FILE NO: U P 0 4. - d-,5 AP# 0 "8 ^ 0 3 (:)- oa S APPLICANT: JO�,,n -k- Debre:, So vim_ OWNER: &�=W--x REPRESENTATIVE: ?CV`PAA L V 1D2_Sc q, ("JP a1 PROPOSED REQUEST: (to be filled out by person taking in application) FINAL REQUEST: (to be filled out by roject planner) 4m161N9 V SQr e i� O t r-tn erlrel 6 O -4ro Cho 1 IGUS rOW-C v e. 81-8 SIZE: O v SUPERVISORIAL DISTRICT # I EXISTING ZONING: A GENERAL PLAN DESIGNATION: Or-C-, ASSIGNEDPLANNER: J twe, Date Annlication Received // Date Proiect Assigned 1q 1 C9 K IDR Date 30 Day Complete Preset Hearing Date ' KAPlanningTormsTead In Sheet.doc PLANNER's INITIALS 53 i APR 1 3 2004 1 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 13, 2004 John and Debra Folsom 1021 Lower Honcut Road Oroville, CA 95966 Re: Proposed Mitigated Negative Declaration for the Use Permit for John and Debra Folsom, APN 028-030-028, Project # UP 04-25 Dear Mr. and Mrs. Folsom: Pursuant to Section 15063 of the Guidelines of the California Environmental Quality Act (California Code of Regulations, Title 14, Chapter 3), an Initial Study has been prepared to determine if the above -referenced project would have significant adverse effects on the environment. The Initial Study determined that mitigation measures are necessary to prevent the project from causing significant impacts to the environment and a Mitigated Negative Declaration is proposed. Please review the enclosed initial study and recommended mitigation measures, noting particularly any environmental problems which could be minimized or avoided by the care and manner in which the project is carried out. Section 15070(b)(1) of the California Environmental Quality Act Guidelines requires that the project applicant, or his or her agent, provide a written consent to the proposed mitigation measures prior to release of the proposed Mitigated Negative Declaration and Initial Study - for public review. The recommended mitigation measures constitute a revision to the project. If you agree to the mitigation measures, please sign Section 8 of the Initial Study and return to the Planning Division. The Initial Study will be released for public review and the project set for a public hearing by the Butte County Planning Commission once we have received the signed Initial Study. If you do not agree to the mitigation measures, please contact this office as soon as possible to discuss possible alternatives. Please be aware that all initial studies/negative declarations prepared by the County are forwarded to the Governor's Office of Planning and Research, State Clearinghouse, for review by State agencies. The review period is thirty days. Should you have any further questions regarding this Mitigated Negative Declaration, please contact me between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday, at (530) 538-7153, or via e-mail at sbetts@buttecounty.net. Sincerely, Stephen Betts Senior Planner Enclosure: UP 04-25 (Folsom) Initial Study CPage 1 of 2 Betts, Steve From: Hill, Rob Sent: Friday, August 27, 2004 4:35 PM To: Betts, Steve Subject: RE: Folsom Use Permit - UP 04-25 (APN 028-030-028, 1021 Lower Honcut Road) Hi Steve, see attached. -----Original Message ----- From: Betts, Steve Sent: Tuesday, August 24, 2004 11:12 AM To: Hill, Rob Subject: Folsom Use Permit - UP 04-25 (APN 028-030-028, 1021 Lower Honcut Road) Rob, I have not received your comments on this project. I did receive you "application complete" form, but no actual comments. This project would expand the existing dog kennel from 30 dogs to 120 dogs. The project parcel and all of the surrounding parcels are zoned A-40. The ag uses on the surrounding parcels are rice fields to the south and livestock grazing to the north. The parcels to the west and east are owned by the applicants and are follow rice fields that are flooded during the winter for duck hunting. The kennel ("Hightest Retrievers") has been operating at this location since 1986 (under Use Permit 86-8. Attached is an aerial photograph of the project site and surrounding parcels. Please let me know what comments you have regarding this project. Thanks. Steve Stephen Betts Senior Planner Butte County Planning Division 7 County Center Drive, Oroville, CA 95965 Desk - (530) 538-7153 Fax — (530) 538-7785 9/7/2004 Interoffice me or ndum TO: Charlotte Walters, Environmental Health Division FROM: Steve Betts 5&- SUBJECT: & SUBJECT: Folsom Use Permit, APN 028-030-028, File # UP 04-25 II_ ..ate--_�`� Planning Division Phone: 538-7153 FAX: 538-7785 You requested additional information regarding this Use Permit project so that you can make an evaluation of the project (reference your 4/23/04 e-mail to me). Attached please find additional information that was supplied to us by the applicant. If this new information is adequate, please forward to me your comments and/or conditions of project approval. i Butte County DeparLment ofDevelopmentServices YVONNE CHRISTOPHER, DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * GIS * PLANNING May 7, 2004 John and Debra Folsom 1021 Lower Honcut Road Oroville, CA 95966 Re: Project Incomplete — Use Permit for John and Debra Folsom, APN 028-030-028, Project # UP 04-25 Dear Mr. and Mrs. Folsom: The Butte County Inter -Departmental Review Committee (IDR) reviewed the above referenced project at its May 5, 2004, meeting. The IDR committee determined that the project is not complete for the following reason: 1. The site plan submitted with the application does not contain enough details to allow the Butte County Environmental Health Division to evaluate the project. Please submit twenty (20) copies of a revised site plan that includes the following items: • Assessor's Parcel Number • Phone number for owner • All water -related features • Flood Zane • Source of utilities • Road setback line • Distances from property lines to buildings The above items need to be added to the site plan that you originally submitted with your application. According to the Environmental Health Division, the water issues on the parcel are significant as there are ponds in the area that will affect the placement of any proposed sewage disposal system. w 4:, 2. The project description is not detailed enough to allow the Planning Division to adequately evaluate the project. Please submit a detailed project description that includes, at a minimum, the following information: • Number of staff currently working at the facility and number of staff anticipated to work at the facility when 120 dogs are in the facility. • Number of vehicles that currently come out to the facility on a daily basis and the anticipated number of vehicles that would come to the facility on a daily basis due to the project. This information is required because we need to know if the project would result in any significant vehicular circulation impacts. • Please provide a detailed description of the dog training and breeding programs at the existing facility. Will the project change these programs in any way? • The existing kennel facility utilizes firearms for training the dogs. How many gunshots currently occur daily on the facility and how many gunshots will occur on a daily basis due to the increase in dogs? When does the gunshot training typically occur? • Does your facility allow the boarding of dogs not in association with any type of training or breeding? • How are solid and liquid wastes from the dogs currently disposed of? • Do you currently hold, or plan to hold, any special events at the facility? • Is barking from the dogs controlled, such as through the use of bark collars? 3. The materials submitted with the application indicate that the project site is 80 acres in size, yet Assessor's Parcel Number 028-030-028, which is the parcel number written on the application, is only 40 acres in size. Do you currently, or intend to utilize APN 028-030-027 (40 acres), which you also own, for the kennel? 4. Questions 32 and 33 of the Environmental Information Form submitted with your application were not completed. Please answer these two questions in detail. This Use Permit application is deemed incomplete until such time as the required information is submitted to, and reviewed and approved by the Butte County Planning and Environmental Health Divisions. No further processing of this project will occur until such time as the application is deemed complete. The timelines pursuant to the California Permit Streamlining Act are hereby suspended until such time as the required information is submitted. Please be aware that additional information may be required once environmental review pursuant to the California Environmental Quality Act begins. Should you have any further questions regarding this matter please contact me between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday, at (530) 538-7153, or via e-mail at sbettsabuttecoun.ty.n.et. I will be happy to assist you in any way I can. Sincerely, Stephen Betts Senior Planner Butte -County Plann% ing Division 7 County Center Drive Oroville, CA 95965 Attention:. Steve Betts February 16, 2005 RE:. Mitigated Negative Declaration/Use Permit John and Debra Folsom 1021 Lower Honcut Road APN'028-0.30IO29, 028-030-027 (SB) (UP0415) Dear Steve: I received a notice a few days ago regardirf the above referenced use permit. This letter is in.ribsponse to that notice. Before proceeding with our concern, I wish to make these following statements known. 1. We own 40 acres of undeveloped pasture land contiguous to the subject plop"; (wd:are neighbors to the north). The AJ�N # for our land is 028-030-004. Our contiguous property line extends 1381 lineal feet. 2. We p4rchased our land approximately N years ago. Prior to that, we leased our land for approximately 2 years from the previous owner. 3. The Folsoms had an established dog traWng and kennel facility (at the current location) when we purchas6d our property. 4.'. It's our observation, that the Folsoms rub a very clean and orderly operation. .We feel very lucky to have'thein as neighbors. Wd want their business to be successfid. 5. We have no immediate plans to develop, our property but someday we might. 6. We use our.. 40 acres of pasture land to "u inter graze' some of our cattle. We visit our land each week to'check our cows and chick the fences (usually about a 2 hour duration). We are aware of the Folsom's dogs barking from time to time, but; currently I we don't think the kcime) noise is a problem or a concern for us. 7. Usually, the "prevailing wind" comes from a southerly direction which probably helps convey any kennel noise to our pr4ertY- 9. The Folsoms,.hav e told us that the kennel expansion will be confined to the area where the current kennels are located. We are not opposed to the Folsoms incrt»asing their kennel size to 120 dogs, (a 400% increase); provided some thought be given #s to the containment of the increase in noise levels which: we are confident will develop.) Perhaps this noise containment can be achieved thru the use of the following concepts (either individually applied or in some combination): 1. The kennel buildings being constructed with "sound deaden W. material, (i.e. concrete and/or concrete block). 2. Position of windows, doors and openings being omitted &ow the north side of the kennel buildings. 3. A fence or wall located on the north side of the kennel facility (which would rebound much ofthe noise). 4. A planted "tree line" on the north side of the kennel (which would also help to rebound some of the noise). 5. Using the construction principle of "sol nd walls" on the north facing exterior kennel walls; (similar to the common wall design lased between apartment units). Again, we are not opposed to the Folsom' expansion plans, we merely ask tbat steps be. taken to minimize the elevated noise level which we are confident will. impact our property and thus impact our property value iia the future. Sincerely, 00, W Bill and Sue Perry P. O. Box 930 Homewood, CA 96141 (530)525-5387 cc: John and- Debra Folsom 2 4 i,. DEVELOPMENT SERVICES DEPARTMENT BUTTE COUNTY INITIAL STUDYAND MITIGATED NEGATIVE DECLARATION FOR USE PERMIT 04-25 (JOHNAND DEBRA FOLSOM) FJ Project Name: John and Debra FolsonllSe Permit, File # UP 04-25 • COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION FOR USE PERMIT 04-25 (John and Debra Folsom) 1.0 PROJECT INFORMATION A. Applicant/Owner: John and Debra Folsom B. Staff Contact: Stephen Betts, Senior Planner, (530) 538-7153, sbetts@buttecounty.net C. Proiect Name: N/A D. Proiect Location: On the north side of Lower Honcut Road, approximately 2.5 miles east of SR -70, at 1021 Lower Honcut Road, approximately 0.8 miles west of the community of Honcut. E. Type of Application: Use Permit F. Assessor's Parcel -Number: 028-030-028 & 028-030-027 G. Proiect Site Size: 80 acres H. Current Zoning: A-5 (Agricultural, 5 -acre parcels) I. General Plan Designation: OFC (Orchard & Field Crops) J. Environmental Setting: The project site is located on the valley floor and has a slope of less than 1%. Elevation of the project site is approximately 89 feet above sea level. The majority of the soils on the site have a Soil Conservation Service Classification of III, which are not considered prime agricultural soils but are still adequate for most agricultural crops. Approximately 3.5 acres of the project site have a Soil Conservation Service classification of II, which are considered prime agricultural soils. Vegetation on the site includes large open areas of grass and non-native shrubs and trees located in the developed area of the site, including eucalyptus along the site driveway and tall shrubs and trees along the Lower Honcut Road frontage. No natural wetlands, vernal pools or drainages are found on the site, but the applicants have constructed several large ponds that are utilized for dog training. The project site is not located in an earthquake fault zone or an aircraft overflight zone. Approximately 13.4 acres of the project site, located in the west and northwest comer of the site, are within a 100 -year flood zone, with the remainder of the parcel outside of the 100 -year flood zone (all existing and proposed improvements are outside of the 100 -year flood zone). The project site is located in an agricultural area and some of the parcels surrounding the project site are in agricultural production (rice fields or pasture/grazing). All of the surrounding parcels are zoned A-5 and have a General Plan land use designation of Orchard and Field Crops. Surrounding parcels range in size from 20 to 135 acres, with the predominant size being in the 30 to 50 -acre range. The project site is not subject to a California Land Conservation Agreement ("Williamson Act"). The project site is developed with a dwelling unit, detached garage, several dog kennel structures, a fenced dog run, dog training areas (pond areas), two septic systems, and several wells. A gravel driveway leads from Lower Honcut Road to these improvements. Solid waste from the dogs is disposed of in an on-site septic system that is only utilized for the dog kennel use. The concrete floor of the dog kennel drains into the septic system. Most of the project parcel is fenced to prevent dogs from getting off the site. An electric gate prevents unauthorized access onto the site. The dog kennel facility has four employees (not including the two applicants). ■ Butte County Department of Development Services ■ ■ Initial Study — Folsom UP 04-25 ■ Page 1 of 29 ■ Project Name: John and Debra Folsom Permit, File # UP 04-25 • i K. Surrounding Zoning/Land Uses: Direction General Plan Designation Zoning Existing Land Use(s) North Orchard and Field Crops A-5 Open field / dry pasture / duck ponds South Orchard and Field Crops A-5 Rice fields East Orchard and Field Crops A-5 Dwelling West Orchard and Field Crops A-5 Open field / dry pasture / duck ponds L. Proiect Description: Use Permit to allow the expansion of an existing dog training kennel from 30 dogs to 120 dogs. The existing kennel was approved by Use Permit 87-8 in 1986. Use Permit 87-8 encompasses two parcels: APN 028-030-028, which is the parcel that the dog kennel structures are located on, and APN 028- 030-027, which is owned by the applicants and is utilized for occasional field training of dogs. The existing dog kennel is utilized for the training of hunting dogs, primarily retrievers. Some breeding of dogs also occurs, with the puppies for sale. The dogs undergoing training usually remain on-site for six weeks to three months, depending on the type of training. During training dog owner's do not usually come out to the site. Long-term boarding (one week or more) of dogs also occurs. Many of the boarders are graduates of the training program and undergo additional training while being boarded. The existing 2,805 square foot dog kennel structure is proposed to be expanded approximately 1,320 square feet to the east (40 ft.. x 33 ft. addition). A new 2,805 square foot (85 ft. x 33 ft.) dog kennel structure is also proposed, which would be located just to the north of the existing dog kennel. An additional septic system would be installed and the leach line of the existing kennel septic system lengthened to handle the increase in dog waste and wastewater. The applicants propose to expand the dog kennel in phases to accommodate increased demand for their services. Phase One would add on to the existing dog kennel structure. Phase Two would be the construction of the new dog kennel. With Phase Two development, the applicants anticipate that they would have up to ten employees. The applicants have operated the existing dog kennel facility since 1986. No complaints from neighbors have been received regarding the kennel use. The Butte County Animal Control Office indicates that there have been no problems at the kennel and that the kennel has a current kennel license. The applicants require that the dogs at the kennel facility be current on all vaccinations. The kennel currently has three full-time and three part-time employees. Most of the training occurs in and around the kennel but the 40 -acre parcel to the west of the kennel facility is occasionally utilized for field training. The dogs are not allowed to rum free anywhere on the project site unless accompanied by a trainer. M. Public Agency Approvals: Butte County Environmental Health Division, Butte County Public Works Department, Butte County Fire Department/CDF. 2.0 DETERNIINATION [ ] I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. [X] I find that although the proposed project COULD have a significant effect on the environment, there will NOT be a significant effect in this case because revisions have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. [ ] I find that the proposed project COULD have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. [ ] I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures ■ Butte County Department of Development Services ■ ■ Initial Study — Folsom UP 04-25 ■ Page 2 of 29 ■ Project Name: John and Debra Folsom Permit, File # UP 0425 • t based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. [ ] I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon 'the �propoosed project, nothing further is required. Prepared by: Stephen tts, Senior Plan r Date Reviewed by: Ste hen Streeter, rnterim Planning Manager Date 3.0 POTENTIALLY SIGNIFICANT EFFECTS CHECKLIST SETTING A. Environmental Factors Potentially Affected: The environmental factors checked below could be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. [ ] 4.1 Aesthetics [ ] 4.2 Agriculture Resources [X] 4.3 Air Quality [ ] 4.4 Biological Resources [X] 4.5 Cultural Resources [ ] 4.6 Geologic Processes [ ] 4.7 Hazards/Hazardous Material [X] 4.8 Hydrology/Water Quality [ ] 4.9 Land Use [ ] 4.10 Mineral Resources [ ] 4.11 Noise [ ] 4.12 Housing [ ] 4.13 Public Services [ ] 4.14 Recreation [ ] 4.15 Transportation/Traffic [ ] 4.16 Utilities/Service Systems [X] 4.17 Mandatory Findings of Significance B. Evaluation of Environmental Impacts: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards, (e.g., the project would not expose sensitive receptors to pollutants based on a project -specific screening analysis.) 2) All answers must take account of the whole action involved including off-site as well as on=site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). _ Butte County Department of Development Services _ — initial Study — Folsom UP 04-25 _ Page 3 of 29 — N Project Name: John and Debra Folsom Permit, File # UP 04-25 i 5) "Reviewed Under Previous Document." Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used: Identify and state where they are available for review. b) Impacts Adequately Addressed: Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. C) Mitigation Measures: For effects that are "Less Than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references. to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significant. 4.0 ENVIRONMENTAL IMPACTS: 4.1 AESTHETICIVISUAL RESOURCES: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Have a substantial adverse effect on a scenic vista? X b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? X c. Substantially degrade the existing visual character or quality of the site and its surroundings? X d. Create a new source of substantial light or glare which would adversely affect day or nighttime views in the X area? Impact Discussion: The visual character of the site and surrounding parcels is agricultural (primarily rice fields) with scattered dwellings. The project site is developed with a dwelling unit and several dog kennel structures. View of the existing dog kennel facility from Lower Honcut Road is very limited due to the presence of large bushes along the road frontage. Most vehicles on Lower Honcut Road are traveling at 55+ MPH and their visual exposure to the ■ Butte County Department of Development Services ■ ■ Initial Study — Folsom UP 04-25 ■ Page 4 of 29 ■ • Project Name: John and Debra Folsom Ocrinit, File # UP 04-25 kennel is very limited. The site is not located along a State or County designated scenic highway. The nearest dwelling unit to the project site (not including the dwelling on the parcel to the east of the site, which is owned by the applicants) is 1,490 feet away.. From this dwelling and other dwellings in the project area the dog kennel facility cannot be easily seen. The project would allow the existing dog kennel structure to be enlarged by approximately 1,320 square feet and would also allow a new 2,805 square foot kennel structure, which would be located to the north of the existing dog kennel. The new dog kennel structure would be very similar in appearance to the existing dog kennel structure. The new structures would be very difficult to see from Lower Honcut Road due to the large bushes along the road frontage and because the existing kennel structure would block the view of the proposed new kennel structure. Because the new kennel structures would not be easily seen from off of the project site, and because the new kennel structure would be similar to other structures found in the project area, no substantial conflicts with the established character or functioning of the surrounding community are anticipated. This project would not affect a scenic vista nor have a demonstrable negative aesthetic effect. The new kennel structure may have outside lights for safety and security purposes. This type of lighting would not be extensive and is not expected to create any excess light or glare on the adjoining parcels. Construction of the proposed dog kennel structures could causes short-term visual impacts. Construction activities create a visual impact, and construction debris, rubbish and trash can accumulate on construction sites and are unsightly if visible from off-site. The completion of the project improvements would eliminate the short-term visual impacts of the construction operations. Mitigation Measure: None required. 4.2 AGRICULTURE RESOURCES: Would the proposal: Potentially Significant Less Than Less Than No Reviewed Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and X Monitoring Program of the California Resources Agency, to non-agricultural use? b. Conflict with existing zoning for agricultural use, or a Williamson Act Contract? X c. Involve other changes in the existing environment which, due to their location or nature, could result in conversion X of Farmland to non-agricultural use? Impact Discussion: The project site is located in an agricultural area with many of the parcels in the area containing rice fields or utilized for livestock grazing. Rice fields are located to the south of the project site, across Lower Honcut Road. The two parcels to the east and west of the site consist of open land that is utilized for duck hunting. The parcel to the north of the project site is utilized for livestock grazing. Orchards are found in the project area, but near SR -70. The majority of the soils on the project site have a Soil Conservation Service Classification (SCSC) of III, which are not considered prime agricultural soils (Butte County GIS soils coverage). A small strip of the project site adjacent to the west property line has soils with a SCSC of 1I, which are considered to be prime agricultural soils. The ■ Butte County Department of Development Services ■ ■ Initial Study — Folsom UP 04-25 ■ Page 5 of 29 ■ Project Name: John and Debra Folsot* Permit, File # UP 04-25 • project site is not subject to a California Land Conservation Agreement ("Williamson Act"), but an Agreement encumbers the parcel to the north of the project site. The project site is not currently utilized for any type of agricultural operations, but the site at one time contained rice fields. According to the applicants the project parcels have not been farmed for over 20 years. The fallow fields are flooded during the winter and used for waterfowl hunting. The project site is designated by the Land Use Element Map of the Butte County General Plan as Orchard and Field Crops (OFC). The OFC land use designation is primarily for the cultivation, harvest, storage, processing, sale and distribution of all plant crops, especially annual food crops. Secondary uses consistent with this designation include animal husbandry and intense animal uses, resource extraction, hunting and water -related recreational facilities, airports, environmental preservation activities, public and quasi -public uses, and dwellings. This project does not involve a General Plan Amendment that would change the existing OFC land use designation. The project site and the surrounding and nearby parcels are zoned A-5 (Agricultural, 5 -acre minimum parcel size). Butte County Code Section 24-90(c)(3) states that a Use Permit is required for a dog kennel use in an A-5 zoning district. The project is subject to the provisions of the Agricultural Element of the Butte County General Plan because the project site is designated as Orchard and Field Crops. Table 1 below lists the relevant Goals and Policies of the Agricultural Element applicable to the project. Table 1 Relevant Agricultural Element Goals and Policies r '��-,.�.,p. .h !� . yf g . �:-•a r r J..A:�i[sft., 3r..^ri.r�txT 3 6 ��,�.,/' i1^ q.� 7 n"Y ro'x A� ._ i ti 7 :i+: 1�u. .: `3r `POIICy s Policy Conserve Orchard and Field Crops lands ... as Maintain parcel sizes that ensure the 1.5: designated in the General Plan Land Use Map. Goal long-term preservation, conservation, and Limit the minimum parcel sizes for new land 1: continuity of those general plan areas divisions, in areas identified as Orchard and Field identified as Orchard and Field Crops and Policy Crops ... to not less than the existing zoning Grazing and Open Lands. 1.6. designations from 5 to 160.... Further subdivision of Orchard and Field Crops lands are discouraged. Conserve and stabilize agricultural land Goal uses at city and community boundaries in Policy Agriculture shall not be made inviable by the 2' order to protect agricultural lands from 2.1: economic impacts of urban development. encroachment and conversion to urban uses. In order to preserve the maximum amount of land for Support the management of agricultural commercial agricultural production and to avoid Goal lands in an efficient, economical manner, Policy conflicts restrict non-agricultural uses.... Such 3: with minimal conflict from non- 3.2: facilities shall be carefully located so as not to unduly agricultural uses. interfere with existing or planned agricultural activities. Source: Butte County General Plan, Agricultural Element. This project is consistent with Policies 1.5 and 1.6 because the project does not involve a land division, so no new parcels would be created. The project does not involve a General Plan Amendment or a rezone that would allow parcels less than the existing 5 -acre minimum parcel size. Policy 2.1 states that agricultural shall not be made unviable by the economic impacts of urban development. Policy 3.2 states that non-agricultural uses shall be restricted and carefully located so as not to unduly interfere with existing or planned agricultural activities. A dog kennel is not necessarily considered to be an urban use, but ■ Butte County Department of Development Services ■ ■ Initial Study — Folsom UP 04-25 ■ Page 6 of 29 ■ Project Name: John and Debra Folsom Permit, File # UP 04-25 expansion of the kennel does have the potential to cause an impact to adjoining agricultural uses. The existing kennel use has operated for 17 years and does not appear to have caused any significant impacts to adjoining agricultural uses. The only agricultural use within 300 feet of the existing kennel structure is a rice field located on the south side of Lower Honcut Road, across from the project site, at a distance of approximately 140 feet from the kennel. The impacts (if any) to the rice field already exist and the expansion of the dog kennel is not expected to create. any additional impacts. The project would not result in any agricultural use becoming economically unviable. Agricultural Commissioner's Office Comments The Agricultural Commissioner's Office reviewed this project and noted the project site is located in an Orchard and Field Crop area and that there is an existing dog kennel on the project site. The Agricultural Commissioner's Office stated that the project is a quasi -agricultural project that would not appear to have any adverse impacts to the surrounding agricultural uses as long as the dogs are contained on the property and not allowed to roam free. Mitigation Measure: None required. 4.3 AIR QUALITY: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Conflict with or obstruct implementation of the applicable air quality plan? X b. Violate any air quality standard or contribute substantially to an existing or projected air quality violation? X c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- ` attainment under an applicable federal or state ambient air X quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d. Expose sensitive receptors to substantial pollutant concentrations? X e. Create objectionable odors affecting a substantial number of people? X Impact Discussion: Both the California Air Resources Board and the Environmental Protection Agency have established air pollution standards in an effort to protect human health and welfare. Geographic areas are designated "attainment" if these standards are met and "nonattainment" if they are not met. In addition, each agency has several levels of classifications based on severity of the problem. Butte County and all northern Sacramento Valley Air Districts have been designated as "moderate" nonattainment areas for the staie standards for ozone (03) and fine particulate matter (PM,o). Currently, Butte County is in attainment for all the federal (less stringent) air quality standards. The project would not create significant oxides of nitrogen or reactive organic gases emissions, which are usually associated with emissions from vehicles and construction equipment. Because the proposed would not cause a significant increase in vehicle trips to the project site and large amounts of construction activity would not be necessary, no significant amounts of emissions from vehicles or construction are expected. Future development activities on the site, such as grading, excavation for foundations and utilities, and other soil work may create fugitive dust emission during construction activities. The Butte County Air Quality Management District 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 ■ Butte County Department of Development Services o ■ Initial Study - Folsom UP 04-25 ■ Page 7 of 29 ■ Project Name: John and Debra Folson* Permit, File # UP 04-25 • acceptable soil palliatives. To ensure that fugitive dust emissions resulting from future construction activities on the site do not create any significant impact, Mitigation Measure # 1 is recommended that requires all development activities on the site prevent fugitive dust emissions. An increase in offensive odors on-site could occur as a result of keeping 120 dogs on the project site. Solid wastes from the dogs may create objectionable odors if not properly disposed of in a timely manner. Additional odor could come from the soiled runoff associated with cleaning of the kennel floors. Odors from the existing dog kennel are only noticeable inside the existing dog kennel structure. The applicant's do a very good job of cleaning the dog kennel, with solid wastes and cleaning water disposed of in an on-site septic system. The nearest off-site dwelling unit is owned by the applicants, which is located approximately 580 feet to the east of the dog kennel structure. The next closest dwellings are located approximately 1,490 feet to the southeast (1126 Lower Honcut Road) and 2,240 feet to the east (1201 Lower Honcut Road). The additional dogs on the project site are not expected to create any odors that can be detected off-site because the applicants are required to clean the kennel at least once per day and all solid wastes and cleaning water from the dog kennels would be disposed of in an on-site septic system (Mitigation Measure # 3, found in Section 4.8). Additionally, due to the long distances between the kennel and the nearest off-site dwellings, no significant odor impacts are expected to occur to the residents of the nearby dwellings. Mitigation Measure # 1: Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. Follow the dust control measures listed below: a. Water shall be applied by means of truck(s), hoses, and/or sprinklers as needed prior to any land clearing or earth movement to minimize dust emissions. b. Haul vehicles transporting soil into or out of the property shall be covered. c. A water truck shall be on site at all times. Water shall be applied to disturbed areas a minimum of two (2) times per day or more as necessary. d. On-site vehicles shall be limited to a speed of 15 mph on unpaved roads. e. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions). f. All visibly dry disturbed soil surface areas of operation shall be watered to minimize dust emissions. g. Existing roads and street adjacent to the project shall be cleaned at lease once per day unless conditions warrant a greater frequency. Plan Requirements: This note shall be placed on all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Department of Development Services shall ensure that this note is placed on all building plans and shall spot check and shall ensure compliance on-site. Butte County Air Quality Management District inspectors shall respond to nuisance complaints. 4.4 BIOLOGICAL RESOURCES: ■ Butte County Department of Development Services ■ ■ Initial Study — Folsom UP 04-25 ■ Page 8 of 29 ■ Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated ■ Butte County Department of Development Services ■ ■ Initial Study — Folsom UP 04-25 ■ Page 8 of 29 ■ Project Name: John and Debra Folsom Permit, File # UP 04-25 • Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California X Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the X California Department of Fish and Game or U.S. Fish and Wildlife Service? c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 or the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, X etc.) through direct removal, filling, hydrological interruption, or other means)? d. Interfere substantially with the movement of any native resident or migratory fish and wildlife species or with established native resident or'migratory wildlife corridors, X or impede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy X ordinance? f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat X conservationplan? g. A reduction in the numbers, a restriction in the range, or an impact to the critical habitat of any unique, rare, X threatened, or endangered species of animals? h. A reduction in the diversity or numbers of animals onsite (including mammals, birds, reptiles, amphibians, fish or X invertebrates)? i. A deterioration of existing fish or wildlife habitat (for foraging, breeding, roosting, nesting, etc.)? X j. Introduction of barriers to movement of any resident or migratory fish or wildlife species? X k. Introduction of any factors (light, fencing, noise, human presence and/or domestic animals) which could hinder the X normal activities of wildlife? Impact Discussion: The project site is located in a valley grassland area. Vegetation on the site includes mostly non-native grasses, trees, and bushes. Non-native vegetation (trees, shrubs, and lawns) are located around the existing dog kennel facility. The project site at one time contained rice fields and most, if not all, of the native vegetation was removed due to this use. The fallow rice fields are flooded during the winter for waterfowl hunting purposes. The developed area of the project site does not contain any vernal pools, swales, or natural wetlands. Several large man-made ponds located near the dog kennel facility are utilized for dog training. ■ Butte County Department of Development Services ■ ■ Initial Study — Folsom UP 04-25 ■ Page 9 of 29 ■ Project Name: John and Debra Folso* Permit, File # UP 04-25 The area where the proposed 2,805 square foot dog kennel structure would be located consists of green lawn and no trees or other native vegetation would need to be removed for this structure. The area where the existing dog kennel would be expanded consists of bare, disturbed, dirt. Many species of plants and animals within the State of California have low populations, limited distributions, or both. Such species may be considered "rare" and are vulnerable to extirpation as the state's human population grows and the habitats these species occupy are converted to agricultural and urban uses. A sizable number of native species and animals have been formally designated as threatened or endangered under State and Federal endangered species legislation. Others have been designated as "Candidates" for such listing; still others have been designated as "Species of Special Concern" by the California Department of Fish and Game (CDFG). The California Native Plant Society (CNPS) has developed its own set of lists of native plants considered rare, threatened or endangered. Collectively, these plants and animals are referred to as "special status species." The California Natural Diversity Database (CNDDB Rarefind 2, Government Version, Jan -02-2003) was reviewed to determine if any special status species or habitats occur on the project site or in the project area. The CNDDB showed no occurrences of rare, threatened, or endangered plant or animal species in the project area. The project site is located in the Sacramento Valley where Swainson's hawk (Buteo swainsoni) may be found. The Swainson's hawk is a State -listed Threatened species (California Department of Fish and Game, State and Federally Listed Endangered and Threatened Animals of California, July 2004). The California Natural Diversity Database shows that the nearest occurrence of Swainson's hawk is approximately 14 miles to the northwest of the project site. According to the California Department of Fish and Game's The Status of Rare, Threatened, and Endangered Animals and Plants of California - Annual Report for 2000, over 85 percent of Swainson's hawk territories in the Central Valley are in riparian systems adjacent to suitable foraging habitats. Swainson's hawks often nest peripherally to riparian systems of the valley as well as utilizing lone trees or groves of trees in agricultural fields. Valley oak, Fremont cottonwood, walnut, and large willow with an average height of about 58 feet, and ranging from 41 to 82 feet, are the most commonly used nest trees in the Central Valley. Swainson's hawks require large, open grasslands with abundant prey in association with suitable nest trees. Suitable foraging areas include native grasslands or lightly grazed pastures, alfalfa and other hay crops, and certain grain and row croplands. Unsuitable foraging habitat includes crops such as vineyards, orchards, certain row crops, rice, corn and cotton crops. Suitable nest sites may be found in mature riparian forest, lone trees or groves of oaks, other trees in agricultural fields, and mature roadside trees. The loss of agricultural lands to various residential and commercial developments is a serious threat to Swainson's hawks throughout California. Additional threats are habitat loss due to riverbank protection projects, conversion from agricultural crops that provide abundant foraging opportunities to crops such as vineyards and orchards which provide fewer foraging opportunities, shooting, pesticide poisoning of prey animals and hawks on wintering grounds, competition from other raptors, and human disturbance at nest sites. The project would not disturb any Swainson's hawk nesting site because none are located on the project site and none are believed to be in the immediate project area. As already noted, the nearest known Swainson's hawk nest is located approximately 14 miles from the project site. The project is not expected to have an impact on Swainson's hawks or its habitat because the project site does not contain any foraging habitat that is normally utilized by this bird species. Wildlife usage of the project site in the area of the dog kennel is minimal due to the existing dog kennel use. Wildlife usage on the remainder of the project site is also minimal because the project site does not contain suitable habitat for most wildlife species. During the winter months the parcel to the west of the dog kennel facility (which is a part of Use Permit 85-6) is flooded to allow for waterfowl hunting. Because the project would result in little or no physical changes, the project is not expected to have a significant impact on any wildlife that may be found on the project site. This project would not have a significant impact to fish or wildlife habitat and the collection of Department of Fish and Game fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is not required. ■ Butte County Department of Development Services ■ ■ Initial Study — Folsom UP 04-25 ■ Page 10 of 29 ■ Project Name: John and Debra Folsort* Permit, File #.UP 04-25 • Mitigation Measure: None required. 4.5 CULTURAL RESOURCES: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? X b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? X c. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? X d. Disturb any human remains, including those interred outside of formal cemeteries? X Impact Discussion: Cultural resources include prehistoric and historic period archaeological sites; historical features, such as rock walls, water ditches and flumes, and cemeteries; and architectural features. Cultural resources consist of any human -made site, object (i.e., artifact), or feature that defines and illuminates our past. According to Butte County constraints mapping, the project site is located in an area considered to have a low archeological sensitivity. Often cultural resources are found in foothill areas, areas with high bluffs, rock outcroppings, areas overlooking deer migratory corridors, or near bodies of water. The project site does not contain any of these physical characteristics. All of the existing structures on the project site are of recent construction and are not historic or unique structures. The project would allows the expansion of the existing dog kennel structure, installation of a new dog kennel structure, and installation of a new a septic system and expansion of an existing septic system. Construction activities associated with the installation of these structures may uncover and disturb cultural resources that lie below the surface of the ground. To protect cultural resources that may be located on the project site Mitigation Measure # 2 is recommended that requires all development activity on the site halt and the County and a qualified archaeologist be notified in the event any cultural resources are encountered during the course of development activities. Mitigation Measure # 2: Should development 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. Recommencement of development activities shall not occur until clearance is provided by the Butte County Department of Development Services. 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: This note shall be placed on all building and site development plans. Timing: This measure shall be implemented during all site development activities. Monitoring: Should cultural• resources be discovered, the landowner shall notify the Department of Development Services and a professional archaeologist. The Department of Development Services shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. ■ Butte County Department of Development Services ■ ■ Initial Study — Folsom UP 04-25 ■ Page 11 of 29 ■ Project Name: John and Debra Folsorn'* Permit, File # UP 04-25 • 4.6 GEOLOGIC PROCESSES: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of a known earthquake fault, as delineated X on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. X. 2. Strong seismic ground shaking? 3. Seismic -related ground failure, including X liquefaction? X 4. Landslides? b. Result in substantial soil erosion or the loss of topsoil? X c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral X spreading, subsidence, liquefaction or collapse? d. Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial X risks to life or property? e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system where sewers are not available for the disposal or waste X water? Impact Discussion: The Seismic Safety Element of the Butte County General Plan indicates that all of Butte County is in Moderate Earthquake Intensity Zone VIII. The site is not within an Alquist-Priolo Earthquake fault zone or an aftershock zone. The only known active fault in Butte County is the Cleveland Hill fault, located approximately 8.8 miles from the project site, where activity on August 1, 1975, resulted in the Oroville earthquake. This earthquake had a Richter magnitude of 5.7 and resulted in approximately 2.2 miles of ground rupture along the western flank of Cleveland Hill. In the northwest corner of Butte County near Chico there are a series of short, north-northwest trending faults similar to the Cleveland Hill fault. These faults appear to be an extension of the Bear Mountain Fault or Foothills Shear Zone. Minor seismic activity has occurred in the area of these short faults; however, other geologic evidence indicates these faults are not active (Butte County General Plan 1977). The Butte County GIS Fault Lines theme shows that there is an inferred fault located approximately 2.3 miles to the east of the project site. No impacts are anticipated since no rupture of a known active earthquake fault exists in the project area. The 80 -mile -long Midland-Sweitzer fault is located approximately 50 miles southwest of the project site. This fault is considered active and has caused historic earthquakes of Richter magnitudes of 6 to 6.9 in the area in 1892. There is some speculation as to the exact location of the historic earthquake epicenters and some question if they actually occurred on the Midland-Sweitzer fault (Butte County, 1977). Approximately five miles west of Butte County there is a north trending fault system known as the Willows fault. This fault is approximately 40 miles long and displaces Cretaceous sediment in the Sacramento Valley. It does not appear to displace surface sediment and has been mapped principally by geophysical methods. However, there have ■ Butte County Department of Development Services ■ ■ Initial Study — Folsom UP 04-25 ■ Page 12 of 29 ■ Project Name, John and Debra FolsorlaPermit, File # UP 04-25 • been enough historical seismic events in the vicinity of this fault to conclude that it should be considered potentially active (Butte County General Plan 1977). A moderate earthquake occurred on the afternoon of Friday, August 10, 2001, centered about nine miles west of Portola, California, and about 72 miles east of the project site. Very little damage occurred as a result of this earthquake, which had a magnitude of 5.5, but brief groundshaking was felt in Chico during the earthquake and the aftershocks. This earthquake occurred in the Mohawk Valley Fault Zone, and this area of California experiences a magnitude five or higher earthquake approximately every 20 years, according to the University of California, Berkeley Seismological Laboratory. Historical events in the area include the following: Table I Historical Seismic Events Near Recent Portola Event Near Portola — Mohawk Valley Fault Zone Year Magnitude Location 1875 6.2 40 km to the NNE near Janesville 1888 6.2 20 km to the SSW near Blairsden 1959 5.6 40 km to the ESE near Verdi 1966 6.0 60 km to the SSE near Truckee Source: Adapted from information provided by the California Division of Mines and Geology and posted on the UC -Berkeley Seismological Laboratory web site (ht1p:1Avivw.seismo. berkeley.edu/seismo). Like most of central California, the project site can be expected to be subjected to seismic ground shaking at some future time. Accordingly, all buildings and other improvements will be designed and installed in accordance with Uniform Building Code requirements. Because the project appears to be located such that the probability of significant groundshaking is low, because the project does not propose the addition of structures that would be at risk to seismic activity, and because any structures that are built during the course of the project would be designed and installed in accordance with Uniform Building Code standards for the appropriate Seismic Hazard Zone, potential geologic impacts would be less than significant. The Butte County Seismic Safety Element's Liquefaction Potential Map indicates that the site has a generally low potential for liquefaction. The impact would be less than significant. The Subsidence and Landslide Potential Map of the Safety Element of the Butte County General Plan indicates that there is no potential for landslides in this area. No landslide -related impacts would occur because there are no slopes on the project site or in the project area. The Subsidence and Landslide Potential Map indicates that the property is located within an area of heavy groundwater withdrawal and is a potential subsidence area. Although so designated, this designation is general in nature, and is applicable to virtually all of the Central Valley area of Butte County. Although subsidence is a problem in some areas of the Central Valley due to groundwater withdrawals for irrigation, there have not been any documented incidents that indicate a specific subsidence problem in Butte County. No impact is anticipated. According to Butte County General Plan GIS data there is no potential for soil erosion on the project site. The project site lacks any slopes that would be subject to erosion if disturbed. The soil on the project site — Rocklin fine sandy loam — is not prone to erosion. No erosion impacts are anticipated in conjunction with this project because significant amounts of grading or other soil disturbance would not be required for the proposed improvements and because of the level topography of the project site. The Conservation Element's Expansive Soils Map indicates that the project site has a moderate expansive soil potential. The Butte County Building Division may require soil tests prior to issuance of a building permit to determine if the soils on the site have an expansive potential. If the site does have expansive soils, the Building Division will ensure that the foundations of all new structures are designed to handle the shrink/swell characteristics of expansive soils. Sewage disposal for the existing dwelling and dog kennel facility is handled by separate on-site septic systems, which were installed under permits from the Butte County Environmental Health Division. The soils on the project site can be ■ Butte County Department of Development Services ■ ■ Initial Study — Folsom UP 04-25 ■ Page 13 of 29 ■ Project Name: John and Debra FolsonsPermit, File # UP 04-25 • somewhat marginal for septic system use due to high groundwater levels that are found in the project area. The Environmental Health Division does not object to the use of septic systems on the project site and recommended the following conditions: • The septic system for the new kennel and up to 10 employees shall be installed under pen -nit from the Butte County Environmental Health Division. • The bottom of any leach line shall have adequate separation from groundwater and all parts of septic system shall be at least 50 feet from seasonal ponds. Mitigation Measure: None required. 4.7 HAZARDS AND HAZARDOUS MATERIALS Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation 'Document Incorporated a. Create a significant hazard to the public or the environmental through the routine transport, use, or X 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 X materials into the environment? c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- X quarter mile of an existing or proposed schools? d. Be located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, would X it create a significant hazard to the public or the environment? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project X result in a safety hazard for people residing or working in the project area? f. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or X working in the project area? g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency X evacuationplan? h. Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including where X wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Impact Discussion: The project site is not located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 (Cortese List) and is not near any listed sites or sites known -or suspected to contain hazardous materials. The project does not involve the use of hazardous materials and would not create any hazardous materials. No impact is anticipated. ■ Butte County Department of Development Services ■ ■ Initial Study — Folsom UP 04-25 ■ Page 14 of 29 ■ Project Name: John and Debra Folsom*Permit, File # UP 04-25 • The project site is not located near any public or private airstrip. The project would not interfere with an adopted emergency response plan or emergency evacuation plan. The project site is located in an area that has an unclassified fire hazard classification, indicating it is either in an urban or irrigated area. The project site and most of the surrounding parcels consist of rice fields, fallow rice fields, or grazing land. The project is not located within the State Responsibility Area (SRA). The project would not expose people or structures to wildfires because the project site is located in an agricultural area where wildfires do not occur. Mitigation Measure: None required. 4.8 HYDROLOGY AND WATER QUALITY: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Violate any water quality standards or waste discharge requirements? X b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate X 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 X substantial erosion or siltation on- or off-site? d. Substantially alter the existing drainage pattern of the site or area, including through the'alteration of the course of a stream or river, or substantially increase the rate or amount X of surface runoff in a manner which would result in flooding on- or off-site? e. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of X polluted runoff? f. Otherwise substantially degrade waterquality? X g. Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation X map? h. Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? X i. Expose people or structures to a significant risk or loss, injury, or death involving flooding, including flooding as a X result of the failure of a levee or dam? j. Inundation by seiche, tsunami, or mudflow? X ■ Butte County Department of Development Services ■ ■ Initial Study — Folsom UP 04-25 ■ Page 15 of 29 ■ Project Name: John and Debra FolsomePermit, File # UP 04-25 • Impact Discussion: Solid and liquid waste from the dogs on the project site has the potential to create significant water quality impacts to both surface and ground waters. Allowing contaminated water to flow into off-site drainages could lead to a significant increase in nutrient loading in these drainages, which has the potential to significantly impact fish and wildlife habitat. Allowing contaminated water to flow into groundwater could result in water quality impacts to wells in the project area. All solid wastes and the runoff from the dog kennel are placed into an existing on-site septic system that is reserved for the dog kennel facility use only. The applicant proposes to install a new septic system to handle the wastes from the increase in dogs on the project site. In order to ensure that the project does not cause a significant impact to surface and ground waters, Mitigation Measure # 3 is recommended that requires the applicant to pick up dog wastes on a daily basis and to dispose of them in one of the .on-site septic systems and that the drainage from the floors of the dog kennels flow into a septic system. Domestic water supply for the existing dog kennel facility and dwelling unit on the project site is provided by on- site wells. The project site is located in an area which has large quantities of ground water. The project would not deplete groundwater supplies or interfere with groundwater recharge because the project would not create any new uses that require large amounts of water. The project would not result in any significant changes to storm water runoff from the project site because the new structures would not be placed within or near any natural or man-made drainages. The proposed 1,320 square foot addition to the existing dog kennel structure and the new 2,805 square foot kennel structure would result in an increase in impervious surfaces and a corresponding increase in surface water runoff. The increase in surface water runoff due to these improvements is not expected to be significant. Runoff from the site can be directed into the ponds on the site, or into new detention/retention facilities, if necessary. Approximately 13.4 acres of the project site are within a 100 -year ("A") flood zone as shown on Federal Emergency Management Agency Flood Insurance Rate Map 06007C -1150C, dated June 8, 1998. The flood zone is located in the northwest and extreme west portions of the project site. The flooding potential originates from Wyandotte Creek, northwest of the project site. The existing dog kennel facility is not located within the 100 -year flood zone. No flood -related impacts are expected to occur because no structures are proposed to be placed in the 100 -year flood zone area. The project site is within a dam -failure inundation area (Butte County Department of Development Services GIS "Flood Inundation" Theme). Should the Oroville Dam fail, which is very remote possibility, the project site could be flooded. The project would not result in any additional residents on the project site so no impact is expected. The property is not located in an area prone to seiche, tsunami, or mudflow. No impact would occur with respect to these natural hazards. Mitigation Measure # 3: The kennel operator shall pick up solid wastes from the dogs at least once per day and dispose of the wastes in a septic system approved by the Butte County Environmental Health Division. All water runoff from cleaning of the kennel floors shall drain into an approved septic system. Plan Requirements: This mitigation measure shall be a condition of the Use Permit. Timing: The mitigation measure shall be adhered to during the entire operational life of the kennel. Monitoring: The kennel operator shall be responsible for picking up dog wastes at least once per day and disposing of them in an approved on-site septic system. The kennel operator shall be responsible for ensuring that drainage from cleaning of the kennel floors drains into the septic system. The Department of Development Services, the Environmental Health Division, and the Animal Control Division shall respond to complaints concerning odors and contaminated water runoff. ■ Butte County Department of Development Services ■ ■ Initial Study — Folsom UP 04-25 ■ Page 16 of 29 ■ Project Name: John and Debra Folsor* Permit, File # UP 04-25 4.9 LAND USE: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Physically divide an established community? X b. Conflict with an applicable land use plan, policy, or X 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 X for the purpose of avoiding or mitigating an environmental effect? c. Conflict with any applicable habitat conservation plan or natural community conservation plan? X Impact Discussion: The proposal would allow the expansion of an existing dog kennel to allow up to 120 dogs. This project site is located in a very rural area of Butte County, with very few dwellings in the project area. The proposal would not physically divide an established community. The project site is zoned A-5 (Agricultural, 5 -acre minimum parcel size) and is designated by the Land Use Element Map of the Butte County General Plan as Orchard and Field Crops (OFC). The Orchard and Field Crops land use designation is primarily for the cultivation, harvest, storage, processing, sale and distribution of all plant crops, especially annual food crops. Secondary uses consistent with this designation include animal husbandry, resource extraction, hunting, airports, and residential uses. The A-5 zoning of the site allows most types of agricultural uses as a primary use; residential uses are also a permitted use. The A-5 zone allows a dog kennel use with approval of a Use Permit. The existing dog kennel was approved under Use Permit 87-8. The property is not within a habitat conservation plan or natural community conservation plan. No impact would occur. Mitigation Measure: None required. 4.10 MINERAL RESOURCES: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Result in the loss of availability of a known mineral resource that would be of value to the region and the X residents of the state? b. Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general X plan, specific plan, or other land use plan? Impact Discussion: The proposed project would not use or extract any mineral or energy resources and would not restrict access to known mineral resource areas. The project is located within an area where there are little or no mineral resources. Therefore, this project would have no impact on mineral resources. ■ Butte County Department of Development Services ■ ■ Initial Study — Folsom UP 04-25 ■ Page 17 of 29 ■ Project Name: •John and Debra Folsom lbermit, File # UP 04-25 Mitigation Measure: None required. 4.11 NOISE: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or X noise ordinance, or applicable standards of other agencies? b. Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels? X c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the X proj ect? d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing X without the project? e. Fora 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 X 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 X J the project area to excessive noise levels? I Impact Discussion: The project site is located in an agricultural area where high noise levels can be expected during periods of intense agricultural activity, such as harvesting. Additional noise is generated by vehicle traffic on the adjacent Lower Honcut Road and from trains on the Union Pacific Railroad tracks, located approximately 1 mile to the west of the site. During the winter months waterfowl hunting takes place on portions of the project site and in the project area, and the noise from gunshots can be beard at the kennel facility. The project site is located in a rural area with scattered dwellings on large parcels. The residential density of the project area is very low. The nearest off-site dwelling, which is located approximately 580 feet to the east of the dog kennel structure, is owned by the applicants and is occupied by a kennel employee. The next closest dwellings are located approximately 1,490 feet (0.28 miles) to the southeast (1126 Lower Honcut Road) and 2,240 feet (0.42 miles) to the east (1201 Lower Honcut Road). The dogs in the existing kennel generate high noise levels when they are barking. According to the applicants, the dogs usually bark only at strangers or at feeding time. When not undergoing training, the dogs are kept in the kennel, from which the dogs cannot easily see out of. Large bushes along the frontage of the project site also prevent the dogs from seeing off the site. The kennel structure helps to block the noise of the barking and there are shutters on the windows of the dog kennel that can be lowered at night to decrease the noise levels. The applicants employ the use of "anti bark" collars for dogs that bark too much. The applicants have operated the existing dog kennel since 1986 and no noise complaints have been received by the Animal Control Division or Code Enforcement Division. The existing dog kennel facility utilizes .32 caliber blank pistols to train the dogs in the field. Shotguns are also used for training, although less often than the blank pistols. According to the applicants, gunshot training takes ■ Butte County Department of Development Services ■ ■ Initial Study — Folsom UP 04-25 ■ Page 18 of 29 ■ Project Name: John and Debra Folsomsermit, File # UP 04-25 • place late morning to mid afternoon with approximately 30 to 50 shots a day. The applicants anticipate that there would be a 50 to 75% increase in the number of shots per day, resulting in a total of 50 to 90 shots per day. The increase in gunshot noise has the potential to create an impact to nearby residents. A condition of the existing Use Permit for the dog kennel (Use Permit 87-8) allows the use of firearms for training purposes only during daylight hours. The project would generate additional noise in the project area through the increase in the number of dogs on the project site (barking), an increase in vehicular noise, an increase in the number of gunshots, and through the construction of additional structures. Due to the long distance between the _project site and off-site dwellings, no significant noise impacts from the barking of dogs is anticipated. The number of additional vehicles coming to the site would be minimal and would not create any significant amounts of noise. The noise from the construction of additional kennel -related structures on the project site would not cause any significant impacts because the construction noise would be short term in nature and because of the long distance between the project site and the nearest dwellings. The increase in the number of gunshots from the project site has the greatest potential to cause noise -related impacts to the residents in the project area since the noise from gunshots carries much further than the barking of dogs. The project site is located in a rural area of the county where gunshots can be expected to occur on a regular basis. There are already 30 to 50 gunshots originating from the project site, and the applicants anticipate that the project would result in 50 to 90 gunshots per day. The additional gunshots originating from the project site are not expected to create any significant impacts to nearby residential uses due to the long distance between the project site and the nearby residential uses. The condition allowing the use of firearms only during daylight hours will be a condition of the new Use Permit. The project site is not located within an aircraft overflight area and people on the site would not be affected by the noise of aircraft in an airport traffic pattern. People on the site may be subject to noise from an occasional agricultural aircraft spraying the rice fields near the project site. The noise generated by agricultural aircraft is infrequent and would not cause any significant impacts to people on the site. Mitigation Measure: None required. 4.12 HOUSING: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension X of roads or other infrastructure? b. Displace substantial numbers of existing housing,, necessitating the construction of replacement housing X elsewhere? c. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? X Impact Discussion: The project would allow the expansion of an existing dog kennel use and would not allow any additional dwellings on the project site. The additional dogs on the project site may cause the need for several new employees at the kennel. These additional employees would require housing in the project area. However, the number of new employees would be very low. Therefore, the project does not have the potential to cause an increase in the population of the project area. ■ Butte County Department of Development Services ■ ■ Initial Study — Folsom UP 04-25 ■ Page 19 of 29 ■ Project Name: John and Debra Folsom*ermit, File # UP 04-25 • The project would not displace individuals or housing. No impact would occur. Mitigation Measure: None required. 4.13 PUBLIC SERVICES: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which X 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. Fireprotection? X c. Police Protection? X d. Schools. X e. Parks? X f. Other public services? X Impact Discussion: The project site is located in an area that has an unclassified fire hazard designation, which denotes areas that are either irrigated or are in an urban area (Butte County GIS Fire Hazard theme). The nearest fire stations to the project site are Station 72, approximately 9 miles to the north in Palermo, and Station 55, located approximately 10.5 miles to the east in Bangor. The project site, as well as the surrounding parcels, consists of rice fields, fallow rice fields, or livestock grazing. The project would not result in any additional residential structures being placed on the project site. Expansion of the existing dog kennel use is not expected to result in an increase in the demand for fire protection services. The project would cause a minor impact to the Butte County Animal Control Division because inspections and kennel permits would need to be obtained from this agency. Animal Control charges a fee for inspections and permits, which covers the cost of providing these services. Therefore, the project would not have a significant impact to Animal Control. The proposal is not expected to result in an increase in demand for police protection services because the dog kennel use does not normally require such services. The proposal would not result in a demand for school facilities because no additional dwellings would be allowed -to be placed on the project site. Mitigation Measure: None required. ■ Butte County Department of Development Services ■ ■ Initial Study — Folsom UP 04-25 ■ Page 20 of 29 ■ Project Name: John and Debra Folsomoermit, File # UP 04-25 • 4.14 RECREATION: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document a. Cause an increase in traffic which is substantial in relation Incorporated a. Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial X physical deterioration of the facility would occur or be X accelerated? b. Include recreational facilities or require the construction or expansion of recreational facilities which might have an X adverse physical effect on the environment? Impact Discussion: The project would not cause an increase in the usage of parks and other recreational facilities in the project area because this project would not result in any additional dwellings on the project site. The project does not include any recreational facilities nor would the project require the construction or expansion of recreational facilities. Mitigation Measure: None required. 4.15 TRANSPORTATION/TRAFFIC: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of X vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b. Exceed, either individually or cumulatively, a level of service standard established by the county congestion X management agency for designated roads or highways? c. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results X in substantial safety risks? d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible X uses (e.g., farm equipment)? e. Result in inadequate emergency access? X f. Result in inadequate parking capacity? X g. Conflict with accepted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, X bicycle racks)? Impact Discussion: The project site fronts on Lower Honcut Road, which is a public road. Lower Honcut Road is classified as a major arterial roadway, which provides access between SR -70 and the communities of Honcut, Bangor, and Forbestown to ■ Butte County Department of Development Services ■ ■ Initial Study — Folsom UP 04-25 ■ Page 21 of 29 ■ Project Name: John and Debra Folsomeermit, File # UP 04-25 • the east. Lower Honcut Road does not have high traffic volumes and has a Level of Service of B or better. The posted speed limit on the section of Lower Honcut Road at the project site is 55 MPH. There is excellent sight vision in both directions of Lower Honcut Road from the project site's access road. Vehicular traffic generated by the existing dog kennel facility is minimal. Dogs are brought to the project site by their owner and left on the site for an extended period of time to undergo training. An owner of a dog undergoing training may occasionally come out to the site for some training sessions. According to the applicant, the existing kennel facility has very few people coming out to the site, with anywhere from 2 to 10 vehicles per day. An occasional delivery is made to the project site. The proposed increase in the number of dogs on the project site would cause a slight increase in vehicular traffic on Lower Honcut Road. As already noted, dogs undergoing training are usually brought out to the site by the owner and then picked up at the end of the training period (the dogs are not brought out to the site each morning and picked up at the end of the day). Lower Honcut Road has adequate capacity to handle the increase in vehicles coming to the project site. The project is not expected to cause a significant impact on vehicle circulation in the project area. Section 24-240 (Parking Regulations) of the Butte County Code does not include on-site parking requirements for a dog kennel use. Parking for the residents, employees, and customers can easily be contained on-site due to the large size of the project parcel. The project would not conflict with accepted policies, plans or programs supporting alternative transportation. Mitigation Measure: None required. 4.16 UTILITIES AND SERVICE SYSTEMS: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? X b. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant X environmental effects? c. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant X environmental effects? d. Have sufficient water supplies available to serve the project from existing entitlements and resources, or are X new or expanded entitlements needed? e. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected X demand in addition to the provider's existing commitments? L Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste X disposal needs? g. Comply with federal, state, and local statutes, and regulations related to solid waste? X ■ Butte County Department of Development Services ■ ■ Initial Study — Folsom UP'04-25 ■ Page 22 of 29 ■ Project Name: John and Debra FolsomePennit, File # UP 04-25 • Impact Discussion: Sewage disposal for the existing dwelling unit and dog kennel on the project site is handled by on-site septic systems. The new dog kennel structure would also be connected to an on-site septic system. The project would not have an impact on any wastewater treatment facilities since on-site septic systems would be utilized. Since the project utilizes an on-site septic system, a waste discharge permit is not required to be obtained from the California Regional Water Quality Control Board. Domestic water supply for the existing dwelling unit and the dog kennel facility is obtained from an on-site well. The new dog kennel structure would also utilize water from an on-site well. The project would not have an impact on any water treatment facilities. No additional storm water facilities would be necessary as a result of this project. The project would cause a minor increase the stream.of solid waste being deposited in the Neal Road Landfill. According to the Butte County Public Works Department, the Neal Road Landfill is expected to reach maximum holding capacity by the year 2018. The project would not have a significant impact on solid waste disposal. No impact would occur with respect to federal, state, and local statutes and regulations related to solid waste. Mitigation Measure: None required. 4.17 MANDATORY FINDINGS OF SIGNIFICANCE (Section 15065): Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a X 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 orprehistory? b. Have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with X the effects of past projects, the effects of other current projects and the effects of probable futureprojects) c. Does the project have environmental effects which will cause substantial adverse effects on human beings, either X directly or indirectly? The project has the potential to contribute impacts that are individually limited, but cumulatively considerable with respect to Initial Study Checklist Items 4.3 — Air Quality; 4.5 — Cultural Resources; and 4.8 — Water Quality and Hydrology. Cumulative impacts to these areas would be mitigated due to the inclusion of Mitigation Measures # 1 through 3 as itemized under Section 5 — Mitigation Measures and Monitoring Requirements. ■ Butte County Department of Development Services ■ ■ Initial Study — Folsom LP 04-25 ■ Page 23 of 29 ■ Project Name: John and Debra Folsom9Permit, File # UP 04-25 • 5.0 MITIGATION MEASURES AND MONITORING REQUIREMENTS: Mitigation Measure # 1: Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. Follow the dust control measures listed below: a. Water shall be applied by means of truck(s), hoses, and/or sprinklers as needed prior to any land clearing or earth movement to minimize dust emissions. b. Haul vehicles transporting soil into or out of the property shall be covered. c. A water truck shall be on site at all times. Water shall be applied to disturbed areas a minimum of two (2) times per day or more as necessary. d. On-site vehicles shall be limited to a speed of 15 mph on unpaved roads. e. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions). f. All visibly dry disturbed soil surface areas of operation shall be watered to minimize dust emissions. g. Existing roads and street adjacent to the project shall be cleaned at lease once per day unless conditions warrant a greater frequency. Plan Requirements: This note shall be placed on all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Department of Development Services shall ensure that this note is placed on all building plans and shall spot check and shall ensure compliance on-site. Butte County Air Quality Management District inspectors shall respond to nuisance complaints. Mitigation Measure # 2: Should development 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. Recommencement of development activities shall not occur until clearance is provided by the Butte County Department of Development Services. 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: This note shall be placed on all building and site development plans. Timing: This measure shall be implemented during all site development activities. Monitoring: Should cultural resources be discovered, the landowner shall notify the Department of Development Services and a professional archaeologist. The Department of Development Services shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. Mitigation Measure # 3: The kennel operator shall pick up solid wastes from the dogs at least once per day and dispose of the wastes in a septic system approved by the Butte County Environmental Health Division. All water runoff from cleaning of the kennel floors shall drain into an approved septic system. Plan Requirements: This mitigation measure shall be a condition of the Use Permit. Timing: The mitigation measure shall be adhered to during the entire operational life of the kennel. ■ Butte County Department of Development Services ■ ■ Initial Study — Folsom UP 04-25 ■ Page 24 of 29 ■ • Project Name: John and Debra Folsom U• rmit, File # UP 04-25 Monitoring: The kennel operator shall be responsible for picking up dog wastes at least once per day and disposing of them in an approved on-site septic system. The kennel operator shall be responsible for ensuring that drainage from cleaning of the kennel floors drains into the septic system. The Department of Development Services, the Environmental Health Division, and the Animal Control Division shall respond to complaints concerning odors and contaminated water runoff. 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 Man 111-2, Safety Element Oroville, CA: CH2M Hill, 1977. 5. Butte County Planning Department. Expansive Soils Map 111-3 Safety Element Oroville, CA: CH2M Hill, 1977. 6. Butte County Planning Department. Noise Element Map IV -1 Scenic Highway Element Oroville, CA: CH2M Hill, 1977. 7.- Butte County Planning Department. Scenic Highways Map V-1 Scenic Highway Element Oroville, CA: CH2M Hill, 1977. 8. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4, Safety Element Oroville, CA: CH2M Hill, 1977. 9. Butte County Planning Department. Archaeological Sensitivity Map_- Oroville, CA: James P. Manning, 1983. 10. Butte County Planning Department. School District Map. Oroville, CA. H. 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 and 2000. 14. USGS Quad Maps. 15. Soil Map, Chico (1925)/Oroville (1926) Area United States Department of Agriculture. 16. Soil Survey of Chico (1925)/Oroville (192 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. 7.0 CONSULTED AGENCIES: [X] Environmental Health [X] Public Works [X] Building Manager [ ] BCAG [ ] ALUC [X] LAFCo [X] Air Qual. Management Dist. [ ] City of Chico [ ] City of Biggs [ ] City of Gridley [ ] City of Oroville [ ] Town of Paradise [X] CA Department of Forestry [X] CalTrans (Traffic) [ ] Central Reg. Water Quality [ ] Department of Conservation [X] CA Dept. of Fish and Game [ ] Highway Patrol [ ] Army Corps of Engineers [ ] US Fish & Wldlife Service [X] Agricultural Commissioner [X] Butte Co. Farm Bureau [ ] Oroville Union School Dist. [ ] Feather River Rec. Dist. [ ] El Medio Fire Dept. [ ] OWID [ ] LOAPUD [X] PG&E [ ] Pacific Bell [ ] Durham Unified Sch. Dist. [ ] Oroville Elem. School Dist. [X] County Assessor [X] Animal Control s Butte County Department of Development Services ■ ■ Initial Study - Folsom UP 04-25 ■ Page 25 of 29 ■ Project Name: John and Debra FolsomoPermit, File # UP 04-25 • This initial study/mitigated negative declaration was sent to the Governor's Office of Planning and Research, State Clearinghouse, for distribution to effected state agencies. 8.0 PROJECT SPONSOR(S) INCORPORATION OF MITIGATION INTO PROPOSED PROJECT: UWe have reviewed the Initial Study for the John and Debra Folsom Use Permit (APN # 028- 030-028) application and particularly the mitigation measures identified herein, I/We hereby modify the application on file with the Butte County Planning Department to include and incorpor mitigations setforth in this Initial Study. Proj 10-2-7 -� Date Projec onsor/Pr 'ect Agent Date k:\planning\projects\up\folsom.04n-25\folsom up 04-25 initial study.doc ■ Butte County Department of Development Services ■ ■ Initial Study — Folsom UP 04-25 ■ Page 26 of 29 ■ Project Name: John and Debra FolsomVePermit, File # UP 04-25 • G ■ Butte County Department of Development Services ■ ■ Initial Study — Folsom UP 04-25 ■ Page 27 of 29 ■ ' Project Name: John Debra Folsom and lJse Permit, File # UP 04-25 s•�1 '^Y. i y IV II — .. p - I .. a lye p . p • '.1 •roti ; � �y fro 6b •'i, R� �� 0 f` . I ` t � . »p � S .� 6' r "Tpt '` E' T� »+�"4 e�»^'v � •yx r, a` ,.� e1 I � °Y»"tl �•swd �re�yT » , r "Ae �'tifi »•� x x . m ..... .<•� ,�, <'" n . =r9 pee .".T 1 » ,P' Ra» < � , ............o , r� t ' ,� .i •' JI' I :. /moi ' .ate40 i' 11 ■ Butte County Department of Development Services ■ ■ Initial Study — Folsom UP 04-25 ■ Page 28 of 29 ■ Project Name: John and Debra olsAPermit, File # UP 04-25 • 0 ,4ft4 IZ CO) LU cc INN cc b Lr) �o x C� Lr) Lr) 0 ,4ft4 IZ CO) LU cc INN cc b • Proposed Expansion of Butte County Kennel Facility - Hightest Retrievers Hightest Retrievers has been operating a successful dog training, boarding and breeding kennel since 1987. The kennel located at 1021 Lower Honcut Rd. has a solid reputation as being the premier retriever training kennel in Northern California with a high standard of training and cleanliness in a park like setting. The kennel has passed Butte County Animal Control inspections annually and receives compliments from inspectors on the high standard .of sanitation. The training activities and kennel have resulted in no complaints from neighbors in 17 years of operation. Due to the success of Hightest Retrievers we would like to expand to accommodate the increased demand for our services. We are planning to do this in two phases. Phase one would add kennel space on to the current building.. Phase two would be to add another similar building for additional kennels and an office. We curently employ 3 full time and 3 parttime employees. When phase two of the expansion is complete we anticipate this to increase to up to ten employees. Approximately 10 cars come and go to the facility currently during the day and we expect this to increase to approximately 20 per day after expansion. We currently have parking for 15 or more cars. The services we now provide and plan to continue to offer are breeding, field training for retrievers which is a three month course, a six week all breed obedience course and boarding with supervised daily exercise programs. Most of the boarding is fairly long term (one week or more) and many of the boarders are graduates of one of our training programs and continue with like training while boarding. We plan to continue offering the same programs with an expanded facility. We currently use mostly small caliber 32 blank pistols to train the retrievers in the field. This training usually takes place late morning to mid day. Shotguns are also used although less often. We currently shoot approximately 30 to 50 shots a day and anticipate this may increase by 50'to 75 %. This doesn't seem to be a problem as we are surrounded on the north, west and south by hunting clubs with a small farm to the East. We own the 40 acre parcels to the West (AP # 028-030-027) and to the East (AP # 028-030-029) of the kennel sight. The kennel buildings, current and proposed are located on the middle 40 acre parcel (AP # 028-030-028) of 120 acres. Most of the training takes place in and around the kennel but the entire 120 acres are used to give the hunting dogs exposure to various field conditions. The current kennel building disposes of waste using a septic system. We are proposing to do likewise with the addition and new building with a septic system designed by engineering firm, g at the kennel and "Paradise Design Group". We currently use barking buildingsllarcontrol ed shutters that can also the kennels are enclosed inside the building be closed at night for additional noise control. We have occasionally used the property for retriever field events on a very limited basis under the regulations of the California Dept. of Fish • • and Game. This maybe a possibility in the future but is not part of the general plan of daily business. General Information The proposed project is for Butte County AP # 028-030-028 at 1021 Lower Honcut Rd. Oroville, 95966 owned by John & Debra Folsom. Voice phone 530-742-3647. Fax 530-742-3653. This parcel is not in the flood zone. All development on this parcel including the home, kennel & pumps are powered by P.G. & E. overhead wires. The Folsoms have constructed an approximately 3 to 4 aver pond just North of their residence for aesthetic value and retriever training. The pond is filled by pumping ground well water using a 50 HP electric pump. Environmental Setting The 120 acres of land owned by the Folsoms is farmland that has been fallow for the past 20 years. The adjacent property to the West is also fallow rice fields that have been converted to duck habitat for hunting. The adjacent property to the South is a rice ranch that is currently in production and is also a duck hunting club. The adjacent property to the North is seasonal cattle pasture land.- The adjacent property to the East is an approximately 20 acre farm with surrounding pasture. The nearest neighboring residence with the exception of our manager's quarters is approximately 1/4 mile from the kennel site. The North - West corner of parcel AP # 028-030-027 is in the flood plain. No development would occur on this parcel. IDDLE HONE f 6 100 O I 1 160AC. \ 50 ---- 30 50775AC. G� �P 1 21 0.68 1 ----- ----- 43 1 1 � I J 55.03=AC. 0 �J� t � l i 91.C)9A& O2/ 8.998 Cc y ' 106 AC 35 J 19-- 16 9-- 16 aE.686-4-1-IA 435311 A t I v 0151AC. 17 1 2 TSBE 872- a 1 ct: I-1 1 �- 20 PK 49.031 I G� r i Jv v I va nie�� 06 GJ 325.09AC 0� 0� 07 /gip S TPOPIE ROAD LOT 84 120 AC. OAC. —I 4 n 1 V • 4! ©7 29 v o, 29 1747 3)'2 , 9 LOT 73 40AC n 4 I C 40AC (1224.39) 4(771.51) _ \ /► 2 PROJECT SITE ® 7 aac. AG AC. 735.18 13 4 /7 1 21 0.68 1 ----- ----- 43 1 1 � I J 55.03=AC. 0 �J� t � l i 91.C)9A& O2/ 8.998 Cc y ' 106 AC 35 J 19-- 16 9-- 16 aE.686-4-1-IA 435311 A t I v 0151AC. 17 1 2 TSBE 872- a 1 ct: I-1 1 �- 20 PK 49.031 I G� r i Training Area Residence with pumped water Existing Kennel Proposed Addition 3 -*ire a.�"�«r".t'i.,..a�•a.�.►' '�``" , PrflPosed New Building v.. ij_ r i � - ,'�� �,. �a..k rR o • r --., 1. ^mss � .. - �•. yr `. ^"�))+r`"i �� r �a f ' �. tea _ , ,.J,�.� r'4F 'e;' Y " r � YS' .ry �:r iS' 4 , r '' .:�r� r ` . ab ,c .� p��E; .a f •w:s • ; + !jw ,. _ L �.c •y,Sr A�l'1efbK3 �-�.���_.. ��'BS'J�s...�!`t ,,.�.-.`E?4.tf3..7, ��. r~` _i. ~ :k +. Li .p. Site Pictures View looking North View looking South • View looking East View looking West • peptic System Design for Hightest Retrievers 1021 Lower Huncut Road Oroville, CA Butte County April 26, 2004 .vtSE*J- 4 -ZZ -c� Prepared by: Paradise Design Group 6402 Skyway Paradise, CA 95969 (Paradise Design Group � Pro ea. Hf Mest - SWVO Sjmfem Design Date: Apiff 26, 2004 Location: 9021 Lower Huncut Road, Oroville, CA By: mw Ch: I Sht. Basis for Design: System is a gravity fed septic system for a dog kennel expansion. Design herein to address wash water usage and disposal. System is an enlargement of an existing system to accommodate an expanded kennel operation. Design is a supplement to a use permit application currently in process with the County of Butte. References: 1. Site visit on February 5, 2004. 2. Use permit application by Paradise Design Group, Paradise, CA 3. Meeting with Carl Durling, Associate Planner on February 5, 2004. 4. Water Usage determined on site with owner (daily wash water). Loads: Water consumption (rate): 3.8 gpm Wash duration (74'x30' bldg): 30 minutes • Paradise Design Group r►v ws. ► n ►awi _ - .fie uG o stem Liesr n luate., Aril 26, 2004 Location: 1021 Lower Huncut Road, Oroville, CA By: mw Ch: Sht: Z tuLEt`� Z7-,15T��M�.. I 30 ,.� ti w osla 71 knom d V �O x�ZJ 1�7tjriOt�.1 -To �Xt�Tt N �vo 7 Z1 GC1tJSL�Ma�`tp� ��'b tT�pN� L OFfiZi) • Paradise Design Group � Pro eat Hf htest _ - Sepffc System Design jDate. Ari/ 26, 2004 Location: 1021 Lower Huncut Road, Oroville, CA By: new Ch: Sht: (hvu) -To � ►moo � LEACHL„`,t. co f4 CNE low 0 USE PERMIT BUTTE COUNTY PLANNING COMMISSION December 4, 1986 DATE: (Certified Mail Rec.) 87-8 PERMIT NO. 28-03-27, 28 ASSESSOR'S PARCEL NO. Rirsuant to tha provisions of the Zoning Ordinance of the County of Butte and the spacial conditions set forth bolou: John rnd Debra Folsom is hereby granted a Use Permit in accordance with application filed: 9/3/86 to allow a 30 dog private training kennel on property zoned A-5 located cn the north side of Lower Honcut Road, approximately 3/4 mile west of the 'mown of Honcut, Honcut. 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit, constitutes cause for tho --evocation of said permit in accordance with the proced•lres set forth in the Butte County Zoning Enabling Ordinance. 2. 'Jnless otherwise provided for in a condition to a use permit, all conditions must be completed by the permittee within 12 months of the delivery of the countersigned permit to the permittee. 3. If any use for which a use permit has been granted is not established within one year of the date of receipt of the countersigned permit by the permittea,'the permit shall be come null and void and reapplication shall be required to establish the use. SPECIAL CONDITIONS: 1. Dog runs to be constructed to permit wash down to central drain for removal of dog urine and fecal material. Main dog run drain to connect to an approved septic tank and leach lines installed under permit and inspection from the Health Department. 2. This permit is expressly limited to training of dogs in programs lasting a minimum of three months, and boarding of those same dogs in.Vprivate kenneln on-site. Any expansion or, change ,of ,use will requirex,modificafion of the Usa Permit , " ; 'pa'rsMint tb Butte County Cd6, Section 24-48 4 , R 3. Firear.ns will be used on-site for dog training only during daylig at hours. 4. Dogs exercised on-site cut of kennel compounds only under the direct control of trainers. S. Provide the Society for the Prevention of Cruelty to Animals the opportunity to inspect the facility prior to opening. Provide the Society for the Prevention of Cruelty to Animals a record of current rabies vaccinations every year for the owner's personal dogs. 7. No develolment shall be permitted within the Zone A floodplain, approximately lo:ated on the north half of AP 28- 03-27. S. Shielding or construction to be developed to keap noise levels to a minimum and not to exceed 60 dB at property line, pursuant to the Noise Element of the General Plan. 9. Applicant must also comply with all other applicable State and local statutes, ordinances. and regulations. I hereby declare under penalty of perjury that I have read the foregoing conditions, that they are in fact the conditions which were imposed upon the granting of this use permit, and tha I agree to abide fully by said conditions. Dated: I1-yt - 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 Planing Commissic-i Chairman CC:" Department of PuD1ic4WorFs (2); s ,Health Department; `rDepartment`of Forestry i tip 4 2S-0-3 Ow 12 6 C • 7 ti '-------- - I j, PAaC E L F 27 i 40 AC„ ! i 's. ®p M PAPrEL # 2-$ 40 Ac. D_�,/P! p;'c;�CNT PLAN � 1 Puv+PEO IN M DATE VARIANCE oonE6T« —/� USE PERMIT __ We« �'t j n "NNEL r-7 �7 7/... ... Lp:vER MUN CuT N p„r,11n, Gel;totuA I„ = 300' APPROX. 0 • C: • : Page 1 of 1 Betts, Steve From: Fogel, Doug Sent: Friday, February 18, 2005 4:21 PM To: Erickson, Craig; Jones, Wendy Cc: Betts, Steve; Christopher, Yvonne Subject: Planning Commission UP 04N-25 High Test Kennels 1021 Lower Honcut Planning has requested that, if possible, someone from Animal Control be present for this hearing which is set as the last of three hearing items at their meeting on Feb. 24th in the Council Chambers. The meeting begins at 9AM. 2/22/2005 Betts, Steve From: Jones, Wendy Sent: Friday, February 18, 2005 4:24 PM To: Fogel, Doug; Erickson, Craig Cc: Betts, Steve; Christopher, Yvonne Subject: RE: Planning Commission UP 04N-25 High Test Kennels. 1021 Lower Honcut Hi Doug, I will be happy to attend. Thanks Wendy -----Original Message ----- From: Fogel, Doug Sent: Friday, February 18, 2005 4:21 PM To: Erickson, Craig; Jones, Wendy Cc: Betts, Steve; Christopher, Yvonne Subject: Planning Commission UP 04N-25 High Test Kennels 1021 Lower Honcut Page 1 of 1 Planning has requested that, if possible, someone from Animal Control be present for this hearing which is set as the last of three hearing items at their meeting on Feb. 24th in the Council Chambers. The meeting begins at 9AM. 2/22/2005 Betts, Steve From: Wannenmacher, Felix Sent: Tuesday, February 08, 2005 2:20 PM To: Betts, Steve; 'Stephen A. Streeter' Cc: Miller, Gloria Subject: Folsom Agenda Report (UP 04-25) Hi Steve and Stephen, I have reviewed the agenda report and have the following comments. Proj Desc, last bullet, delete is before in at end of first line. Anal, seventh bullet, add "to" before create. Indicate whether action on our part will be driven by complaints or something else. Action IC, add custodian/location of record language. Mit 1c, delete first sentence. Cond 10, add a comma after zone. Felix CONFIDENTIAL -- ATTORNEY-CLIENT PRIVILEGE CONFIDENTIALITY NOTICE: This email transmission, and any documents or messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering this email to the intended recipient, then you are (1) notified that any disclosure, copying, distribution, saving, reading or use of this information is strictly prohibited, (2) requested to discard and delete this email and any attachments, and (3) requested to immediately notify us by email that you mistakenly received this message. Thank you. Op k complaints, the Development Services Department, at the expense of the applicant, shall conduct a noise analysis to establish the compliance of the project with standards in the Noise Element of the General Plan. Currently, the Noise Element establishes that acceptable levels of noise for the project area of up to 60 decibels Ldn or CNEL. If noise levels are in excess of established standards, the project applicant is required to reduce noise levels through recommendations of the Development Services Department, which may include, but are not limited to, building noise attenuation devices that provide some relief to nearby homes, erecting a sight obscuring fence so that the dogs can't see off the site, placing bark collars on the dogs that bark, or other recommendations. Any implemented recommendations to reduce noise would be subject to building permits, if required, and other applicable conditions. 7. Prior to issuance of building permits, obtain the necessary permit(s) from the Butte County Animal Control Office. Provide documentation from the Animal Control Office that the necessary permits have been obtained or are not required. Public Works Division USC L *TE 51 V e2 M �, E ._ 8. Obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. 9. 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. 10. Prior to issuance of building permits for any structure within a 100 -year flood zone establish 100 year floodplain elevations and the lowest floor elevations for any structures. Show on the additional map sheet the elevations (by contours) and the location of an accepted NGVD benchmark and a temporary benchmark on-site. Building Division l 11. Building permits are required. The applicant shall prepare four (4) sets of construction plans and make an application for the permit(s). Construction shall comply with federal, state, and local regulations. All plans shall be prepared, sealed and signed by a California Licensed Architect or Registered Engineer for non-residential buildings and certain residential buildings. Environmental Health Division 12. Septic system for the new kennel and up to ten (10) employees shall be installed under permit from the Butte County Environmental Health Division. 13. The bottom of any leach line shall have adequate separation from groundwater and all parts of the septic system shall be at least fifty (50) feet from seasonal ponds. RECEIVED FEB - 2 2005 ■ Butte County Department of Development Services ■ DEPARTMENT OF. ■ February 24, 2005 ■ Agenda Report - John and Debra Folsom, File # UP 04-DYY#a?�'*�i' 1 nERV. • • Page 1 of 1 Betts, Steve From: Betts, Steve Sent: Tuesday, January 25, 2005 2:47 PM To: Thornton, Roneva Subject: Folsom UP 04-25 - set for OR final conditions Roni, Please schedule this project for an OR review for final condition writing. Are we giving the departments one or two weeks to review the agenda report? If only one week, please schedule for next week's OR meeting, otherwise 2/8 will have to do (but next week is the best). Thanks!! IRI Stephen Betts Senior Planner Butte County Planning Division 7 County Center Drive, Oroville, CA 95965 Desk (530) 538-7153 Fax (530) 538-7785 1/25/2005 Page 1 of 1 Betts, Steve From: Fogel, Doug Sent: Tuesday, January 04, 2005 9:14 AM To: Betts, Steve Cc: Walters, Charlotte Subject: FW: Use permit application for Folsom "Hightest Retrievers", AP#028-030-028 FYI From: Jones, Wendy Sent: January 04, 2005 9:07 AM To: Fogel, Doug Subject: RE: Use permit application for Folsom "Hightest Retrievers"; AP#028-030-028 I sent comments months ago. We don't foresee any issues arising from this expansion. We would like to go out and inspect when the building expansion is complete. Thanks Wendy -----Original Message ----- From: Fogel, Doug Sent: Monday, January 03, 2005 2:06 PM To: Jones, Wendy; Erickson, Craig Cc: Betts, Steve; Walters, Charlotte Subject: Use permit application for Folsom "Hightest Retrievers", AP#028-030-028 Steve dropped by my office today looking for Animal Control's comments on this enquiry he sent out in April. This is for an expansion from 30 to 120 dogs. If you have any comments please get them to him by January 10th, or it will be assumed that you have no problems with the proposed project. 1/4/2005 1/4/2005 • 0 Page 1 of 1 Betts, Steve From: Betts, Steve Sent: Monday, January 10, 2005 10:11 AM To: 'SASPlanning@sbcglobal.net' Subject: Folsom Use Permit 04-25 agenda report Steve, Attached for your review is the agenda report for the Folsom Use Permit project. Also attached is Use Permit 87- 8, which is the Use Permit that allowed the existing dog kennel use. Thanks. -S- Stephen Betts Senior Planner Butte County Planning Division 7 County Center Drive, Oroville, CA 95965 Desk (530) 538-7153 Fax (530) 538-7785 1/10/2005 • Betts, Steve From: richard_helman@dot.ca.gov Sent: Friday, December 17, 2004 10:49 AM To: Betts, Steve Subject: Review of UP 04-25 (Folsom Dog Kennel) • Hello again, Steve: We have reviewed the subject use permit for expansion of a dog kennel on property located approximately 2 1/2 miles east of State Route 70 and have "No Comment". If you have any questions, please contact me. Thanks. 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 1 Page 1 of 1 Betts, Steve From: Fogel, Doug Sent: Monday, January 03, 2005 2:06 PM To: Jones, Wendy; Erickson, Craig Cc: Betts, Steve; Walters, Charlotte Subject: Use permit application for Folsom "Hightest Retrievers", AP#028-030-028 Steve dropped by my office today looking for Animal Control's comments on this enquiry. he sent out in April. This is for an expansion from 30 to 120 dogs. If you, have any comments please get them to him by January 10th, or it will be assumed that you have no problems with the proposed project. J 1/3/2005 Page 1 of 1 Betts, Steve From: Baker, Joseph Sent: Monday, September 20, 2004 5:27 PM To: Betts, Steve Cc: Wannenmacher, Felix Subject: RE: Folsom UP 04-25 Initial Study Steve, I have reviewed the Initial Study for the Folsom UP 04-25 and find that you have done an excellent job. I am forwarding it to Felix for his legal review. Pending any comments from Felix this study maybe circulated in accordance with established procedure. Thanks... Joe Joseph W. Baker Planning Manager Butte County Department of Development Services (530)538-6572 joseph.baker@butt ecounty_net From: Betts, Steve Sent: Monday, September 13, 2004 9:59 AM To: Baker, Joseph Subject: Folsom UP 04-25 Initial Study Attached please find the intial study for the Folsom UP for your review. -S- Stephen Betts Senior Planner Butte County Planning Division 7 County Center Drive, Oroville, CA 95965 Desk - (530) 538-7153 Fax — (530) 538-7785 9/21/2004 Betts, Steve From: Wannenmacher, Felix { Sent: Tuesday, October 12, 2004 4:07 PM To: Betts, Steve; Baker, Joseph Cc: Miller, Gloria , Subject: Folsom IS (UP 04-25) Hi Steve and Joe, I have reviewed the IS. It is good. ` I have only two comments. In the title, it should be mitigated. In 1..01- you say the UP was 87-8, but in 4.9 and 4.11 you say it was UP 86-8. Felix CONFIDENTIAL -- ATTORNEY-CLIENT PRIVILEGE CONFIDENTIALITY NOTICE: This email transmission, and any documents or messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering this email to the intended recipient, then you are (1) notified that any disclosure, copying, distribution, saving, , reading or. use of this information is strictly prohibited, (2) requested to discard and delete this email and any attachments, and (3) requested to immediately notify us by email that'you mistakenly received this message. Thank you. , . � Page 1 of 1 Betts, Steve From: Betts, Steve Sent: Monday, September 13, 2004 9:59 AM To: Baker, Joseph Subject: Folsom UP 04-25 Initial Study Attached please find the intial study for the Folsom UP for your review. -S- Stephen Betts Senior Planner Butte County Planning Division 7 County Center Drive, Oroville, CA 95965 Desk - (530) 538-7153 Fax — (530) 538-7785 9/13/2004 L� Betts, Steve • From: Walters, Charlotte Sent: Wednesday, July 28, 2004 4:30 PM To: Betts, Steve; Baker, Joseph Cc: Walters, Charlotte; Fogel, Doug Subject: UP 04-25, APN 28-030-028, Lower Honcut Condition use permit as follows: Septic system for new kennel and up to 10 employees to be installed under permit from Butte County Environmental Health. The bottom of any leach line shall have adequate separation from groundwater and all parts of septic system shall be at least 50' from seasonal ponds. I Page 1 of 1 Betts, Steve From: Betts, Steve Sent: Wednesday, August 11, 2004 10:53 AM To: Fogel, Doug Subject: Folsom Use Permit project for a dog kennel, APN 028-030-028 (Lower Honcut Road) , File # UP 04-25 Doug, We sent out a request for comments on this project to Animal Control about four months ago and I have not received anything back from them. Could you ask them to comment on this project, even if they have no conditions? I need something in the record from them. If they need another comment packet please let me know so I can get them one. Thanks. Steve Stephen Betts Senior Planner Butte County Planning Division 7 County Center Drive, Oroville, CA 95965 Desk - (530) 538-7153 Fax — (530) 538-7785 8/11/2004 Betts, Steve From: Walters, Charlotte Sent: Wednesday, July 28, 2004 4:30 PM To: Betts, Steve; Baker, Joseph Cc: Walters, Charlotte; Fogel, Doug Subject: UP 04-25, APN 28-030-028, Lower Honcut Condition use permit as follows: Septic system for new kennel and up to 10 employees to be installed under permit from Butte County Environmental Health. The bottom of any leach line shall have adequate separation from groundwater and all parts of septic system shall be at least 50' from seasonal ponds. u 1 • '6'uite Count, LAND OF NATURAL WEALTH AND BEAUTY OFFICES OF AGRICULTURAL COMMISSIONER WEIGHTS AND MEASURES 316 NELSON AVENUE OROVILLE, CALIFORNIA 95965-3318 AGRICULTURAL DEPT.: OFFICE: (530) 538-7381 FAX: (530) 538-7594 RICHARD B. PRICE LOUIE B. MENDOZA, JR. Agricultural Commissioner Assistant Agricultural Commissioner/ Director of Weights and Measures . Weights and Measures To: Department of Development Services, Planning Division From: Agricultural Commissioners Office Subject: Response to Request for Project Review and Comments Date: August 27, 2004 Applicant: Folsom. Project Designation: UP 04n-25. APN: 028-030-028 Existing Conditions: 1. Orchard and Field Crop area. 2 Existing Kennel. 3 . Pertinent Excerpts from the Agricultural Element: Goal 3 Support the management of agricultural lands in an efficient, economical manner, with minimal conflict from non- agricultural uses. Policy 3.7: Ensure that pre-existing lots, uses, and buildings which were legal prior to the adoption of the Agricultural Element are permitted to continue. Goal 6 Seek measures to preserve and maintain agriculture and encourage new agricultural industries and operations. Policy 6.4: Require that agriculture -dependent industries and uses meet the following criteria: • The use will not require the extension of sewer or water • The use does not substantially detract from agricultural production on-site or in the area. • The use does not create a concentration of commercial uses in the immediate area • The use is compatible with and does not adversely impact surrounding land uses • The use provides for adequate traffic circulation Findings and Review Statement: The kennel is a quasi -agricultural project that does not appear it would have any adverse impact to the surrounding agriculture as long as the animals are contained on the property and not allowed to roam free. Recommendations: Approval Robert C. Hill, Deputy Agricultural Commissioner 2525 Dominic Drive, Suite J Chico, CA 95928 (530) 891-2882 (530) 891-2878 Fax May 10, 2004 Stephen Betts, Butte County Department of Development Services Planning Division 7 County Center Drive Oroville, CA 95965 Re: UP -04N-25 — John and Debra Folsom Dear Mr. Betts: W. James Wagoner Air Pollution Control Officer Robert McLaughlin Asst Air Pollution Control Officer BUTTE COUNTY MAY 1 Z 20.04 )DEVEiAt%IA&iaTT' SERVICES The District has reviewed the request for comments for a use permit to allow0ef an expansion of an existing dog training kennel from 30 dogs to 120 dogs located at 1021 Lower Honcut Road, Honcut area. 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, a Gail Williams Air Quality Planner File No 3452 t:\apps_files\eir\bcup0425.doc • • Butte County Department of Development Services PLANNING DIVISION 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile May 5, 2004 TO: Inter -Departmental Review Committee FROM: Stephen Betts, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: John and Debra Folsom, Use Permit - UP 04N-25 APN: 028-030-028 DATE OF IDR*: 5/5/2004 *Inter -Departmental Review Committee IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: May 3, 2004 AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: May 20, 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 5/5/2004, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: Use Permit to allow the expansion of an existing dog training kennel from 30 dogs to 120 dogs. The existing kennel was approved by Use Permit 87-8 PROJECT LOCATION: on the north side of lower Honcut Road, ap' .. , e • � r > east of SR -70, at 1021 Lower Honcut Road, Honcut area Pb COUNTY SUPERVISOR DISTRICT NO.: 1 fl 11 M AY - 5 2004 ZONING: A-5 (Agricultural, 5 -acre parcels) GENERAL PLAN: OFC (Orchard & Field Crops) BUTTE COUNTY If a response cannot be submitted prior to the due dates listed above, please iien�ef PLANNING 0!YISION sf�at — (530) 538-7153 or send him an e-mail at sbetts@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 August 12, 2004, before the Planning Commission. IDR COMMITTEE :=-APPLICATION COMPLETE.:: ❑ No (Please send response to sbetts@buttecounty.net by May 3, 2004 ) Yes (Conditions/mitigation measures due by May 20, 2004) K:\Planning\Projects\CommentRequestForm.dot • 0 Betts, Steve From: Wannenmacher, Felix Sent: Tuesday, April 27, 2004 4:16 PM To: Betts, Steve; Christopher, Yvonne; Baker, Joseph Cc: Miller, Gloria Subject: Folsom Application (UP 04N-25) A#04-173 Hi Steve, Yvonne, and Joe, The zoning is conditionally consistent with the GP designation. This appears to be a modification of an existing UP. I have no other comments. Felix CONFIDENTIAL -- ATTORNEY-CLIENT PRIVILEGE CONFIDENTIALITY NOTICE: This email transmission, and any documents or messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering this email to the intended recipient, then you are (1) notified that any disclosure, copying, distribution, saving, reading or use of this information is strictly prohibited, (2) requested to discard and delete this email and any attachments, and (3) requested to immediately notify us by email that you mistakenly received this message. Thank you. 0 I Butte County Department of Development Services PLANNING DIVISION 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile April 21, 2004 TO: Inter -Departmental Review Committee FROM: Stephen Betts, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: John and Debra Folsom, Use Permit - UP 04N-25 APN: 028-030-028 DATE OF IDR*: 5/5/2004 *Inter -Departmental Review Committee IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: May 3, 2004 AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: May 20, 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 5/5/2004, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: Use Permit to allow the expansion of an existing dog training kennel from 30 dogs to 120 dogs. The existing kennel was approved by Use Permit 87-8 PROJECT LOCATION: on the north side of lower Honcut Road, approximately 2.5 miles east of SR -70, at 1021 Lower Honcut Road, Honcut area COUNTY SUPERVISOR DISTRICT NO.: 1 ZONING: A-5 (Agricultural, 5 -acre parcels) GENERAL PLAN: OFC (Orchard & Field Crops) If a response cannot be submitted prior to the due dates listed above, please call Stephen Betts at (530) 538-7153 or send him an e-mail at sbetts@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 August 12, 2004, before the Planning Commission. { E "`'` s "�=IDRCOVMTTEE"PPALKATIONCOMPLET' No (Please send response to sbetts@buttecounty.net by May 3, 2004 ) X Yes (Conditions/mitigation measures due by May 20, 2004) K:\Planning\Projects\CommentRequestForm.dot BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT: John and Debra Folsom DATE: 4/13/2004 AGENT: David G. Anderson APN: 028-030-028 FILE #: UP 04N-25 PLANNER: Stephen Betts PROJECT DESCRIPTION: Use Permit to allow the expansion of an existing dog training kennel from 30 dogs to 120 dogs. The existing kennel was approved by Use Permit 87-8 Those items checked are conditions of approval. PLEASE CONTACT THE BUTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: ❑ I. Construction, installation or development of structures or facilities on the parcels/lots shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. ❑ 2. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. ❑ 3. Fire hydrant identification, reflector or post reflectors shall be installed acceptable to the County Fire Warden. ❑ 4. In lieu of a pressurized water system or water storage tank, payment of $200.00 per created parcel into the Battalion water tend fund, is required prior to the issuance of a building permit. ❑ 5. A pressurized community water system for fire protection is required. The specific locations and fire flow requirements shall be in accordance with the Fire Department specifications and to the satisfaction of the County Fire Warden. Average required hydrant spacing feet, hydrant size inches, and residual fire flow gpm. Submit plans to the Fire Department for review and approval prior to construction of facilities. ❑ 6. In lieu of hydrant installation, payment may be made into the hydrant fund at a cost of $1.72 per lineal foot of street frontage. The estimated fee amount is $ ❑ 7. Prior to recordation of the Map or application for a building permit, the applicant shall pay the then current fee for the West Chico Fire Station Fund. X 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 0 �0 Betts, Steve From: Richard_Helman@dot.ca.gov Sent: Monday, April 26, 2004 8:51 AM To: Betts, Steve Subject: Review of UPO4N-25, Folsom Dog Kennel Expansion, Lower Honcut Road, East ofSR 70 Hi Steve: We have reviewed the subject use permit application and have "No Comment"'. Rick Helman Associate Transportation Planner/Intergovernmental Review Coordinator CALTRANS-District 3, Regional & Transit Planning, P.O. Box 911, Marysville, CA 95901 Voice: 530-634-7612 or 8-457-7612 Fax: 530-741-5346 1 BUTTE COUNTY a STANDARD CONDITIONS FOR USE PERMIT APPLICANT: John and Debra Folsom DATE: 4/13/2004 AGENT: David G. Anderson APN: 028-030-028 FILE #: UP 04N-25 PLANNER: Stephen Betts PROJECT DESCRIPTION: Use Permit to allow the expansion of an existing dog training kennel from 30 dogs to 120 dogs. The existing kennel was approved by Use Permit 87-8 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 ® 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. Betts, Steve From: Walters, Charlotte Sent: Friday, April 23, 2004 10:27 AM To: Betts, Steve Cc: Walters, Charlotte Subject: UP 04N-25, Lower Honcut, APN 28-030-028 Hi Steve, The applicant shall obtain a sewage disposal permit for the additional animal wastes proposed by this use permit appilcation. The plot plan submitted with the Use Permit application does not have the following information: - Assessors Parcel Number - Phone number for owner - . All water related features - Flood Zone - Source of utilities - Road setback line - Distances from property lines to buildings The water issues are significant as there. are ponds in the area that will affect the placement of any proposed sewage disposal system. Until that is clarified, this is an incomplete application for this department. Thank you, Charlotte 1 DECEIVED FROM DESCRIPTION COUNTY' OF BUTTE i. AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT OROVILLE, CA ATR NO PLANNING BAG f 330 DEPOSIT DATE: 4fi5 RECEIPTS: 4114 FUND FUND DEPT TITLE CODE CODE ACCT CASH CODE CODE. PLANNING APDL FEES GENL 0010 440001: 4210M 1010111 Project Number Amount of Fee APWOM--341- -7 MT VIS R' -,f Ptd UP04-24, $700.00 APIN:068-341-027 MT VIS RV PIC UP04-24 $2,270.00 t :APIN:02$ tOM HIGHST RET IN UP044 .15'$2,970.00 �I $185.00 FIRE PLNG APPL FEE . FIRE PROTECT 0100 LAND DEVELOPMENT GENL 0610 440004 4611700 101001 Project Number Amount of Fee APN:GM-341-027 MT VIS RV PIC• U D4 24 $ 150.00 A.PN:CW-341.-027 PAST ViS RV PK UP,04,.24 $ 15.00 . APN:O?S 02'8 'HIGHST RE=T fN UPON 25 .$ 165.00- 73295 411 512604 AMOUNT 6,845.31 330.00 370.00 86.00 72.00 25.10 TOTAL $ 7,728.41 APPROVED BY: RECEIVED BY: AUDITOR -CONTROLLER' TREASURER BY: By- erste=treasurervin-auditor canarasitmr goldenrod=fall $ ENVIRONMENTAL HLTH GENL 0010 540003 4914901 101001 Project dumber Amount of Fee APN:00-341-027 MT VIS RV PIC UP04-24 $1w_00 ' APN:028 -M HIGHST RET IN UP04-25 $185.00 FIRE PLNG APPL FEE . FIRE PROTECT 0100 4617240 101001 Project Number Amount of Fee APIN:O68-341-127 MT VIE; RV ODIC UP04-24 $43.00 APWOM-030-.M HIGHST RET IN UP04i25 $43.00 f NODINOE CLERIC'S FI 04d VE E GENL 0b10 4700 1 . 4612319 101001 ($36) Project Number Amount.of Fee APW 4ti-02 MT VIS RV PK u -POA -24 -.$36:0Q !7APN:028-M-= HIGHST R9f'IIN_ UP04-25 4 $36.00 DOCUMENTICOPY SALES GENL' 0010 440MI 4711910 101001 " L 73295 411 512604 AMOUNT 6,845.31 330.00 370.00 86.00 72.00 25.10 TOTAL $ 7,728.41 APPROVED BY: RECEIVED BY: AUDITOR -CONTROLLER' TREASURER BY: By- erste=treasurervin-auditor canarasitmr goldenrod=fall ff 01ii . . . . . . . . . . . . ........... - - - - - - - - - - - - - - - - - - - - - - - ff 01ii 201 0 _s5 "Mom IM bun . ... ... .......... ss, g� Jis K R ging $2,970. 00 01 a: aren F"p, I: E una) .......... IN Is . ... . .... siffi.W I wjw& F7165.00 ............ Payment ID e 04/1-3/2004 n = (Land, Development) j;MR. g .......... . ron mental!; 1185.00 i "I gus! Is 5 mlogii, M M .... ........ CDF (Fire Department) Received lHightest Retrievers Inc $43.00 y Applicant Same p,,g N U, $36.00 Recording INN, pil g N. -iMM ii Application Number I U se permit for kennel500T Aunt or $2,000 $000 ....... -no or In Reference expa nsion SSE "s$0.00 M; Review Ill.EIR _ Parcel UM ........... N. U81 .. . . ....... . $0.00 Check Number, /Cashck 449 2, UN .... ............. I: ... .......... - .................. Wr-U—n ALUC $0.00 Up M W'jiv lRR an (Airport rp- i $0.00, N -g :.- Non Sufficient W gE Total"F es 011 (in M. H RS�fl ... ........ - _40 Or '($2'5 $0.00 Est, ..... ..... iSalesP;;i n 1c..dii bpi $0.00 . . . .... .... "W nHM B g" M S . . . ....... _`r -....a-'.......... . .. P T_ M3,11 111 MEN Wednesday, April 14, 2004 Development Services - PLANNING DIVISION' ver. 1.0 Counter Person Karen Payment Date 4/13/2004 Receipt Number 395591 Received From Hightest Retrievers Inc i ALUC (Airport Land Use) Same ' t i Applicant Application Number i or In Reference To UP 04N-25 i --- $0.00 Parcel Parcel Number 028-030-028 NOD / NOE (Recording Fee) $36.00 ` Check Number / Cash ck 4492 I Aunt Minnie $1, 500 or $2,000 $0.00 Total Received $3,399.00 Total Fees $3,399.00 DDS Planning (General Fund) $2,970.00 i ALUC (Airport Land Use) Public Works (Land Development) $165.00 Environmental Health $185-66- $0.00 CDF (Fire Department) $43.00 NOD / NOE (Recording Fee) $36.00 ` Aunt Minnie $1, 500 or $2,000 $0.00 Planning Review $0.00 Fish/Game $0.00 ALUC (Airport Land Use) $0.00 $0.00 Non Sufficient Funds ($25.00 Fee) Cell Tower ($2500.00) I $0.00 Public Sales / Copies $0.00 Other: $0.00 i 0 ' COUNTY OF'BUITTE 3 9 5 5 91 O FI EPA pTMENT I SUING RECEIP i t,Ot`:'` Received fro The Sum t T Y� : -� ' S Li • = LS For ^Received By ' CASH Title. CHECK �. By DAVCO BUSINESS FORMS • (S301743-8511 Form 7571 0. C - EXPLANATION —AMOUNT' -. 4 4 2... Hghtest Retrievers nc — 1021 LOWER HONCUT RD. OROViLLE; CA 959:66 90-116263222 PAY n (630) 742-2647 ; 1 AMOUNT ,. PU H"' 5 1 J, /' ` /V ' ` / 1VOLLARS CHECK DATETO THE ORDERiOF ; t DESCRIPTION CHECK AMOUNT -NUMBER $= 33 9y0d 111011 .. _ . i ®Washington,Mutual Washington Mutual Benk, FA '� Marygyllle Flnanclal Centar 1411 t 726'E' Street - ' 1.800-78B-7000 ' McWile, CA 95901 24 hour Costen., S.Mce 1110000,449 2il' +1:3 2 2 2p 1.6 271: 1396 4 1 48 4 30110 t l Butte a,=,jV Deprart cnt ofDev�lopm=t Sem�es WONNE CHRISTOPHER, DIRECTOR 7 County corrter or(ve Orovlllo, CA 93985 (530) 538.78ot Telephone (530) 539.7785 Fecolmils ADMINISTRATION " BUILDING " GIS " PLANNING r . ve- May 7, 2004 John and Debra Folsom 1021 Lower Honcut Road Oroville,,CA .95966 " Re: Project Incomplete — Use Permit for John and Debra Folsom, APN 028-030-028, Project # UP 04-25 Dear Mr. and Mrs. Folsom: The Butte County Inter -Departmental Review Committee (IDR) reviewed the above referenced project at its May 5, 2004, meeting. The IDR committee determined that the project is not complete for the following reason: 1. The site pian submitted with the application does not contain enough details to allow the Butte County Environmental Health Division to evaluate the project. Please submit'twenty (20) copies of a revised site plan that includes the following items: • Assessor's parcel Number • Phone number for owner • All water -related. features • Flood Zone • Source of utilities --� • Road setback line �S �° d✓'ae<,.,_ �����T P.�' (,� o • Distances from property lines to buildings The dbove items need to be added to the site plan that you originally submitted with your application. According to the Environmental Health Division, the water issues on the Parcel are significant as there are ponds in the area that will affect the placement of any proposed sewage disposal system. � 2. The project description is not detailed enough to allow the Planning Division to adequately evaluate the project. Please submit a detailed project description that ' includes, at a minimum, the following information: • Number of stats currently working ' at the facility and number of staff anticipated to work at the facility when 120 dogs are in the facility. • Number of vehicles that currently come out to the facility on a daily basis and the anticipated number of vehicles that would come to the facility on a daily basis due to the project. This information is required because we need to know if the project would result in any significant vehicular circulation impacts. • Please provide a detailed description of the dog training and breeding programs at the existing facility. Will the project change these programs in any way? • The existing kennel facility utilizes firearms for training .the dogs.. How many gunshots currently occur daily on the facility and how many gunshots will occur on a daily basis due to the increase in dogs? When does the gunshot training typically occur? • Does your facility allow the boarding of dogs not in association with any type of training or breeding? • How are solid and liquid wastes from the dogs currently disposed of'.) • Do you currently hold, or plan to hold, any special events at the facility? • Is barking from the dogs controlled, such as through the use of bark collars? 3. The materials submitted with the application indicate that the project site is 80 acres in size, yet Assessor's Parcel Number 028.030-028, which is the parcel number written on the application, is only 40 acres in size. Do you currently, or intend to utilize APN 028-030-027 (40 acres), which you also own, for the kennel? 4. Questions 32 and 33 of the Environmental Information Form submitted withyour application were not completed. Please answer these two questions in detail. This Use Permit application is deemed incomplete until such time as the required information is submitted to, and reviewed and approved by the Butte County Planning and Environmental Health Divisions. No further processing of this project will occur until such time as the application is deemed complete. The timelines pursuant to the California Permit Streamlining Act are hereby suspended until such time as the required information is submitted. Please be aware that additional information may be required once environmental review pursuant to the California Environmental Quality Act begins. 0 Should you have, any Rather questions regarding this matter please contact me between the hours of 8:00 a.m, and 4:00 p.m., Monday through Friday, at*(530) 538-7153, or via e-mail at sbettsftuttecounty net, I will be happy to assist you in any way I can. Sincerely, Stephen Betts Senior Planner Butte County Deppment of Development S PLANNING DIVISION 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile w1TTE COUNTY JUN April 20, 2004 DEVELOPMENT `J b SPRUCgS TO: Agricultural Commissioner FROM: Stephen Betts, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: John and Debra Folsom, Use Permit - UP 04N-25 APN: 028-030-028 DATE OF IDR*: 5/5/2004 *Inter -Departmental Review Committee IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: May 3, 2004 AGENCY/DEPARTMENT CONDITIONSIMITIGATION MEASURES DUE BY: May 20, 2004 M -TV, 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 5/5/2004, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: Use Permit to allow the expansion of an existing dog training kennel from 30 dogs to 120 dogs. The existing kennel was approved by Use Permit 87-8 PROJECT LOCATION: on the north side of lower Honcut Road, approximately 2.5 miles east of SR -70, at 1021 Lower Honcut Road, Honcut area COUNTY SUPERVISOR DISTRICT NO.: 1 ZONING: A-5 (Agricultural, 5 -acre parcels) GENERAL PLAN: :OFC (Orchard & Field Crops) If a response cannot be submitted prior to the due dates listed above, please call Stephen Betts at (530) 538-7153 or send him an e-mail at sbetts@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 August 12, 2004, before the Planning Commission. IDR COMMITTEE - APPLICATION COMPLETE:. No (Please send response to sbetts@buttecounty.net by May 3, 2004 Yes (Conditions/mitigation measures due by May 20, 2004) K:\Planning\Projects\CommentRequestForm.dot MIDDLEId NCL�T ar- i' v l 1 2 II O I ! Lar a .a1 i J 16 I IJ II 170 AC I r--, ! MOTE: These parcels are for assessment purposes only and legal ------- ; -----� f --I r- ----� 1— I N ; II I I I I 1 LJ vtcrl �! � I L J I 1 vl�I 1 6 a!! I U.S.A. EASEMENT i PTN. PCLI 1 I a t I 99-27133I I 1 N r c a l US. EASEMENT I 1 312 1 PTN. PCL 2 I 1 f I I? I - s ( I 507.75 AC I I i I LO*VIiONC_U_T �3r cP A 977--28890Z: 25 i OP LSA EA mm TAN RAE, M.D.R&M, I 10 c ' I H I I I O i I 120 AC 160' AC I I f I i l I 0� Fo-61 40 AC 4 27 28 � 29 4 4i 40 AC s 40 AC "' 17. 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I -a �.'� i ' aIT R .08 AZ I' EASEMENT 1-- i---� ` 170 AC tl it - 1 � (28.50 AC) RS 133-62 21 28-03 11 e �^ rJ, ......... ) (11.26 AC) , 207.51 AC t , i i �??�� V 40, \"'�� = SBE' t -1A �� _ �� , Butte County Assessor's Map TOWN OF HONCUT 7 M.O.R. 85 f 1 YUBA UAJWLL£ TRACT 3 M.O.R. 17 �_— Book 28, Page 03 __------- •---------•gym-ihew-paroel3-am -for'0390ment Purposes COUNTY - - ' - - - - - - -- - - - - ' - - -- - only and may not- constitute toga! . CREATED BY SDT GRE47ED ON 8-1999 REVISED BY SOT REVISED ON 1-18-2002 IOTEC7K 2002-W ROLL ' Previous Book . Pbdb7 01 Pogo The Butte Cw4 Amemes Office 15 1 7 104.74 ACi '- - %n SSE W2 -4-4--L; 21 28-03 11 e �^ rJ, ......... ) (11.26 AC) , 207.51 AC t , i i �??�� V 40, \"'�� = SBE' t -1A �� _ �� , Butte County Assessor's Map TOWN OF HONCUT 7 M.O.R. 85 f 1 YUBA UAJWLL£ TRACT 3 M.O.R. 17 �_— Book 28, Page 03 __------- •---------•gym-ihew-paroel3-am -for'0390ment Purposes COUNTY - - ' - - - - - - -- - - - - ' - - -- - only and may not- constitute toga! . CREATED BY SDT GRE47ED ON 8-1999 REVISED BY SOT REVISED ON 1-18-2002 IOTEC7K 2002-W ROLL ' Previous Book . Pbdb7 01 Pogo The Butte Cw4 Amemes Office COUNTY OF BUTTE OFFICE OF PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 959f,.5-lg97 RETURN SERVICE REQUESTED PUBLIC HEARING NOTICE - r 012H16205578 00.35? 02/08/2005 Mailed From, 95965 US POSTAGE ROGERS CASEY & ROSE 824 LOWER HONCUTT RD OROVILLE CA 95965 ROGE924 959669514 1609 47 02/10/05 FORWARD TIME EXP RTN TO SEND ROGERS'ROSE `x'25162 PERICIA DR ' :a at�w +:; • v MISSION—•VIEUO CA -92691-5445 { RETURN TO SENDER •,, �,,,s. , - . .AIUBT�P-��S�fiiE� ;;��77 i . �- t i q _ J d 1 1 £t f Y�.t .,}r �7 y •f }�t � a ) -'y-. •.. .- .•%•.13171I.tl�1�1:19-6t�tl�t1-�d.��7.(•t�I�at~• �r;is.7 ���:a+�ry Hiv�rahro�ly:�i:i�+:�ti �l:r'ti�fj�;1�t.1 ', COUNTY OF BUTTE OFFICE OF PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3397 RETURN SERVICE REQUESTED PUBLIC HEARING NOTICE. L 012HI6205578 00.352 02/08/2005 Mailed From 95965 US POSTAGE HARV VIRGIL & SHARON OWN BLVD OROVILLE CA 95966_ ------ - — - -- --- --�-- -- -- = MARV028 95?663514 1404 47 02/10/05 RETURN TO SENDER HARVEY'JOHN y, PO' BOX. .8151. ' I PALERMO�C,A 95.968:7-0861-. r RETURN TO SENDER i -._ . . ..:.t:� ,,.:- %�•. AIUBTI9E�.;;9��, n=�°•�l��i�;:�l�l�l�t;�'��1�����at-�`lti�ai >.-•�•art„�,�,a,�i,.��li�,��.,:r,�fra�,r„�t��t,�t ti• i•: LtiF., iii�� SJ 012HI6205578 00.352 02/08/2005 Mailed From 95965 US POSTAGE HARV VIRGIL & SHARON OWN BLVD OROVILLE CA 95966_ ------ - — - -- --- --�-- -- -- = MARV028 95?663514 1404 47 02/10/05 RETURN TO SENDER HARVEY'JOHN y, PO' BOX. .8151. ' I PALERMO�C,A 95.968:7-0861-. r RETURN TO SENDER i -._ . . ..:.t:� ,,.:- %�•. 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