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HomeMy WebLinkAboutUP 04N-26H PROJECT SUMMARY SHEET FILE NO.: ' UP 04N-26 PROJECT TYPE: Use Permit APN: 068-210-094 APPLICANT: Robert and Lisa Wubbolding ADDRESS: 84 Tm's Rar R�, Oroville, CA 95966 3 9 b 1k 11,0► - PHONE: (530) 533-5343 OWNER: Robert and Lisa Wubbolding ADDRESS: 84 Jim's Bar Road, Oroville, CA 95966 REPRESENTATIVE: ADDRESS: PROJECT DESCRIPTION: Use Permit to establish a commercial use (Real Estate office and Limosine Service) in the H -C (Highway Commercial) zone LOCATED: on the southwest corner of State Highway 162 (Olive Highway) and Arbol Avenue, Oroville PROPERTY ZONED: GENERAL PLAN DESIGNATION TOWN/AREA: 2. 3. 4 5 6 7 8 9 10 H -C (Highway Commercial) LDR (Low Density. Residential) Oroville Application accepted: 6/4/2004 Amount: $ 3399 Receipt #: 406271 Assigned To: Carl Durling Comments sent to: Development Services Director, Public Works Director, Environmental Health, Assessor, LAFCo, Agricultural Commissioner, CDF, Building Manager, County Counsel Sent to Inter -Departmental Review Committee (IDR): Status Letter, sent to applicant: Date scheduled for IDR: 6/23/2004 Comments received from: Rezone Petition Signatures Checked: Mailing List/Lead-in Sheet: Environmental Determination: State Clearinghouse No. Categorical Exemption-CEQ 1J G Negative Declaration Mitigation Negative Declaration Subject to Fish & Game: /VO Environmental Impact Report Gen. Rule Ex. — CEQA # �5- j Other 11. Staff Report: Project Video: 12. Clearinghouse circulation required: Yes No _iY- Date Sent to SCH: 13. Publication Notice Written: 14. Notices Mailed: 15.. Newspaper Publication Date: 16. Planning Commission Hearing(s): Action taken: 17. Board of Supervisors' Hearing(s): Display Ad Prepared: Number of Notices: V C P G B Action taken: Board Resolution No.: Ordinance No: Adopted: 18. Type Use Permit/Send for signature: 19. N.O.E. / N.O.D. / APPENDIX G: Fish & Game Fees Paid: Yes 20. Send validated Use Permit/Minor Use Permit to applicant, representative: 21. Assessor's Memo (Use Permit, Minor Use Permit): 22. Copy of Use Permit/Minor Use Permit to Planning Technician: No Name: Robert and Lisa Wubbolding Project: Use Permit (UP 04N-26) Planner: Carl Durling APN: 068-210-094 Location: 3690 Olive Highway, Oroville on the southwest corner of Olive Highway (State Route 162) and Arbol Avenue. - Proposal: To change from an appliance store, pest control business, computer business, and vehicle storage, to a real estate office and a limousine service business in the H -C (Highway Commercial) zone at 3690 Olive Highway, Oroville. APN 068-210-094 (CD) (UP 04N-26) Mr. Durling gave a brief summary and power point presentation. There was a discussion on the different access points. , Commissioner Leland said the 5 year extension is good only if there is an enforcement mechanism in place. Mr. Durling said that with a Use Permit you have the revocation process if the conditions are not met. He said the conditions would be monitored. Commissioner Lambert noted that the Use Permit runs with the land. Mr. Durling said if the business is sold, the new owner would have to comply with the conditions of the Use Permit. He said if the use changes, they would have to apply for a new Use Permit. The hearing was opened to the public. Mr. Wubbolding said the County is getting 30 feet of his property deeded to them and a one -foot no access strip. He said.he wrote a letter asking for a 5 year extension on doing the improvements. Mr. Wannenmacher said he wanted to make sure the applicant had read and understands the conditions because the Use Permit states "unless otherwise provided for in a special condition to this Use Permit, all conditions must be completed prior to, or concurrently with, the establishment of the granted use. The use must be established in two years." He said the only condition that has a different date is Condition 5 regarding the installation and construction of street frontage, curb, gutter and sidewalk. He said there is no time stated on Condition 3 relating to obtaining encroachment permits, or obliterating existing encroachments. Mr. Wubbolding said Condition 3 needs to state a time also. He said his plans shown in Attachment B include new 'driveways, removal of old driveways, the restructuring of one of the established driveways, two new buildings, new parking, and landscaping. Mr. Wannenmacher asked if that meant that Mr. Wubbolding would notwant to get encroachment permits until he redesigns the property and is ready to build new buildings and tear down the existing buildings. Mr. Wubbolding said that is correct. Commissioner Nelson stated that Mr. Wubbolding wants to get a permit to carry on the business while starting the process of building a new building, and once the new building is complete he will move the business in, and all this is timed to happen within five years. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ OCTOBER 13, 2005 ■ PAGE 2 ■ Mr. Wubbolding said that is correct. Mr. Wannenmacher said the five year time limit will need to be added to Condition 3. Mr. Edell, Public Works, said the "within five years" could be added at the beginning of Condition 3. He said this ' would make it clear. He said Condition 4 and Condition 6 do not' require any construction at all, they are a dedication of right-of-way for public purposes and could be done at this time. Mr. Wannenmacher said that Condition 6 talks about giving the one -foot no access strip except at approved access points. He asked if the two driveways on Arbol are approved access points. Mr. Edell said the two proposed driveways on Arbol are approved access points. He said the two proposed drives would be excepted from the one -foot no access strip. He said the southerly access point does exist and the northerly access does not exist. He said the driveway closest to Olive Highway on the northeast corner would be obliterated and the driveway off of Olive Highway would be obliterated. Mr. Hunter believed the intent is to use the current driveway until the new buildings are rebuilt and new driveways constructed. Mr. Durling suggested putting the "within five years" in front of Condition 6 also. Commissioner Leland agreed to put the wording of "within five years of approval of the Use Permit" in front of Conditions 3, 5, and 6. He wanted to discuss the inconsistency between the conditions of the Use Permit and Mr. Wubbolding's letter. He said the last sentence of the letter states "The appropriate departments or Butte County Planning Commission must come to an agreement that my plans are valid and executable prior to me giving up any of my rights." He said the applicant still needs to get building permits, and if there is a problem that hasn't been addressed, he did not want this letter being used by the applicant stating that he gave up his 30 -foot strip, and, therefore, he can do what he wants. He would like to have an understanding with the applicant that the Commission is approving the conditions that are set out in the Use Permit and if there is an inconsistency between the conditions and the letter, these conditions are what are official. Commissioner Nelson said once the applicant signs the Use Permit, he agrees to the conditions as set forth in that Use Permit. Commissioner Lambert asked if the conditions are extended for five years does the applicant understand and agree with the conditions. Mr. Wubbolding said "yes." Commissioner Leland said he could not comply with the applicant's statement in his letter of what could happen in the future. He said staff could overlook something, the Commission could overlook something, and if the law says that there is an additional requirement that needs to be complied with, the County has to apply the condition. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ OCTOBER 13, 2005 ■ PAGE 3 ■ Mr. Edell noted that we are not complying with the sentence in the letter that reads "All other conditions must be delayed for a period of not less than five years." He said the letter is a part of Mr. Wubbolding's application and what the applicant wants. He said the applicant is going to get a Use Permit for a use subject to the conditions that the Commission puts on it. He said if the applicant agrees with the conditions, he can have the use. Mr. Wannenmacher said that within five years.Mr. Wubbolding may or may not be able to go forward with his plans. He said the applicant's plans are not a part of the conditions. He said the applicant has to be ready in five years to meet the conditions. Commissioner Leland wanted to put in as a condition that these conditions supersede the letter of September 26, 2005. Commissioner Nelson said the letter has no relevance to the permit. He said the applicant has to sign the permit agreeing to the conditions. Chairman Marin said that the letter is Attachment A to the application stating that the Planning Commission must come to an agreement that his plans are valid and executable prior to him giving up his rights. He said if they put in the•wording suggested by Commissioner Leland it will make it clearer. Mr. Wubbolding agreed or said they could throw out the letter. Commissioner Leland suggested the wording "These conditions supersede any conditions found in the letter dated September 26, 2005. Mr. Wubbolding said this was ok, or throw out the letter. Mr. Durling felt the conditions of the Use Permit superseded everything else. The hearing was closed and comments confined to the Commission and staff. It was moved by Commissioner Leland, seconded by Commissioner Lambert, and unanimously carried to approve the Use Permit for Robert and Lisa Wubbolding, subject to the findings and conditions listed below, adding to the end of Condition 1, "These conditions supersede any conditions found in the letter dated September 26, 2005"; add to the front of Conditions 3, 5, and 6, "Within 5 years of approval of the Use Permit." I:. Find that this project is exempt from the provisions of the California Environmental Quality Act under Section 15303(c), which states that the.California Environmental Quality Act exempts the conversion of existing small structures from one use to another for a store of less than 2,5,00 square feet. The payment of fees pursuant to Fish and Game Code Section 711.4- and 11.4and 14 CCR 753.5 is not required.' II. Approve Use Permit UP 04N-26 for Robert and Lisa Wubbolding fora Real Estate and Limousine Service business in the HC zone, on APN 068-210-094, based on the following findings and the conditions found in Exhibit "A": ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ OCTOBER 13, 2005 ■ PAGE 4 ■ 0 . 4 A. 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 in that the Highway Commercial zone permits the use by Use Permit, and the HC zone was established in 1967 prior to the Medium Density Residential General Plan designation established in 1971 which previously permitted commercial uses. B. The location, size, design, and operating characteristics of the proposed uses will not - conflict with, and will not adversely affect, or be materially detrimental to adjacent permitted and conditionally permitted uses, residents, buildings, structures, or natural resources in that the proposed uses are less intrusive to the nearby residential uses than the prior appliance store, pest control business, computer business, and vehicle storage uses. C. The proposed location, size, and design of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity in that proposed uses are less intrusive to the nearby residential uses than the previous commercial uses, i.e. an appliance store, a pest control business, a computer business, and vehicle storage. III. Approve the exception request for Use Permit UP 04N-26 for Robert and Lisa Wubbolding for a Real Estate and Limousine Service business -in the HC zone, on APN 068-210-094. Conditions of Approval: Planning Division: Applicant must comply with all other applicable State and local statutes, ordinances, and regulations. These conditions supersede any condition found in the letter dated September 26, 2005. 2. Alf outstanding application processing fees shall be paid prior to issuance of the Use Permit. Public Works 3. Within five years of approval of the Use Permit obtain anencroach permit for all new driveway approaches and construct them to County standards, as specified in the County Improvement Standards. Also, the existing driveways are to be obliterated under encroachment permits issued by CalTraris and Butte County. 4. Upon approval of the Use Permit, deed to Butte County, in fee simple, 30 feet of right-of- way from the centerline of Arbol Avenue along the entire parcel frontage: The right-of-way, shall be sufficient for the installation of standard No. S-5 at all street intersections. 5. Within five years of approval of the Use Permit, submit road and drainage improvement plans for the installation and construction of the street frontage improvements on Arbol Avenue to RS -2A 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 ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ OCTOBER 13, 2005 ■ PAGE 5 ■ install the required improvements. Obtain encroachment permit from CalTrans and construct Olive Highway to minimum RS -2A standard: Submit plans to DPW and CalTrans for review and approval prior to construction. 6. Within five years of approval of. the Use Permit dedicate a one foot "no access strip," or 1. relinquish abutter's rights to Butte County, along the Arbol Avenue frontage of parcel, except at approved access points. Building Division 7. Prior to building permit issuance for a new commercial or industriaf development, or addition to an existing development, the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees shall include, but not be limited to: School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. 8. Comply with the Uniform Building Code for property line clearances considering use, area and fire-resistentness of existing buildings. 9. Existing building(s) shall be made to comply. with current Building and zoning regulations for the intended new use of the buildings) or the existing building(s) shall be demolished. County Counsel 10. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to defend, indemnify and hold the County of Butte harmless from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. There is a 10 -day appeal period on all decisions with the Clerk of the Board 3 ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ OCTOBER 13, 2005 ■ PAGE 6 ■ Name: Robert and Lisa Wubbolding Project: Use Permit (UP 04N-26) Planner: Carl Durling APN: 068-210-094 Location: 3690 Olive Highway, Oroville on the southwest corner of Olive Highway (State Route 162) and Arbol Avenue. Proposal: To change from an appliance store, pest control business, computer business, and vehicle storage, to a real estate office and a limousine service business in the H -C (Highway Commercial) zone. Mr. Durling gave a brief summary on the history of the parcel and the reason for the continuance. He reiterated that the applicant wished to do further research for determining what information was required to forestall the implementation of street improvements, i.e., additional right-of-way, curb, gutter and side -walk.' The Planning Division continues to support Public Works position in requiring the improvements. Mr. Durling introduced the submission from Mr. Wubbolding, Attachment A: letter from applicant, second page of Attachment A is a revised site plan. Mr. Wubbolding proposed that in the future the existing building will be removed, and a new building will be moved further onto the property. Copies of photos of the building were introduced that reflect the site conditions and situations as they currently are. The Planning Division is, recommending approval as originally proposed with the inclusion of the conditions for street improvements and right-of- way, etc. Commissioner Nelson posed the question regarding Planning Divisions position on the 5 - year delay if Mr. Wubbolding replaces the building. Mr. Durling said Planning Development is not recommending a 5 -year extension at this point. Mr. Durling explained that usage has been greatly reduced. Conditions will still have to be met. Mr. Durling reiterated that the applicant would have 2 years for meeting the conditions. Commissioner Nelson summarized that Mr. Wubbolding is going from an intense use of service to a less intense use, and he would have 2 years to meet the conditions. The hearing was opened to the public. Mr. Wubbolding addressed the Commission with his intentions. Mr. Wubbolding introduced photographs of his establishment explaining the dilemma of the 30 foot easement, the one (1) foot no access strip and sidewalks. These conditions would hinder front door entry to his business, and would cause a hardship. The second page features the 30 foot area that Planning Division and Public Works is requesting. The third page explains his new proposal. Mr. Wubbolding elicited assistance from the Commission so that he would be able to meet the timeline(s). Proposal to eliminate the ingress on Olive and eliminating the ingress/egress on Arbol Avenue would also be eliminated; in return he would add a new ingress/egress at another location on Arbol Avenue if given a 5 -year delay. Mr. Wubbolding also pointed out that it would be more advantageous for Butte County to allow him this extra time and he would donate the 30 foot easement to Butte County rather than the County having to claim eminent domain and having to purchase the 30 foot easement. 'BUTTE'COUNTY PL7ANNING'COIvIM SSION'MINUTES'September 8, 2005'Page 2 of 12' Chairman Marin advised Mr. Wubbolding that the pictures would become part of the record and could not be returned. Commissioner Lambert questioned whether the Real Estate and Limousine service is already in place as indicated in the pictures presented by Mr. Wubboldirig, and if so, how are any conditions that mention "prior to occupancy" being met? Mr. Wubbolding stated he had been in business there for approximately 16 months. Commissioner Lambert asked where the new egress/ingress would be located under the new plan if Mr. Wubbolding eliminated the egress on Olive Highway and ingress/egress of Arbol Avenue? Mr. Wubbolding explained that two egress/ingress would be moved approximately 200 feet on Arbol Avenue, but ingress located on Olive Highway would be eliminated. Chairman Marin asked for clarification from Eric Schroth of Public Works for their position on this project. r Mr. Schroth informed Chairman Marin that he was not informed of the 2 year deadline and urban improvements are approved in compliance with County code. Mr. Schroth said Public Works would not have a problem with the 5 year extension. Commissioner Lambert asked if anything would be tied to this plan if the extension .is granted. Mr. Wannenmacher reasoned that extending the five (5) years to Mr. Wubbolding to meet all the conditions, and to make the improvements should not be a problem. However, deeding the property can be done at any time. It was also advised that some mention should be made in the report that Mr. Wubbolding is intending to move the building and wants to make the improvements in coordination with moving the building rather than making the improvements in advance of moving the building. There are four conditions -with Public Works that need to be met: #3) encroachment, #4) deeding, #5) standard, and #6) no access strip. Clarity needs to be given as to which conditions the additional three years will be applied to. Commissioner Nelson raised the question of formulating a Motion of Intent to have the conditions rewritten to further clarify the language. Commissioner Marin referred to Exhibit A -Use Permit, #2, changes on the conditions under Public Works # 3, 5 & 6 and whether Mr. Wubbolding would need to meet the conditions immediately or whether a timeline can be added to the conditions: Chairman Marin also suggested adding to the report that Mr. Wubbolding will be moving the building in order to place it farther from the road and make the improvements in conjunction with the re -location of the building. The revised site plan should also be incorporated in the report so that the Commission can clarify the condition details. 'BUTTE COUNTY PLANNING COMMISSION• MINUTES°September 8, 2005'Page 3 of 12°� Commissioner Nelson clarified that the Motion of Intent would be to allow a 5 year extension for Mr. Wubbolding to initiate the improvements, but would need to obtain the necessary encroachment permits and right-of-way information at this time. Planning Division will analyze and generate a more formal motion continued to a future meeting. Mr. Durling added the preliminary site plan that Mr. Wubbolding submitted should be incorporated into the report. Mr. Wubbolding agreed to the thirty (30) foot right-of-way, but posed the question of the dedicated 1 foot no -access strip and whether he would be al le to move the ingress/egress later. He explained that at this time there are 3 access points, one is ingress only, and two are ingress/egress. Two are located on Arbol Avenue only and entrance only is located on Olive Highway. Two will be eliminated and one will be moved to where the new building will be positioned. The access from Olive Highway will be ingress only. Commissioner Marin stressed the need for agreement and explicit comprehension on the new conditions with Mr. Wubbolding, Public Works and the Planning Division. _ Mr. Wubbolding was also advised to confer with Public Works regarding encroachment permits. Commissioner Nelson called for a Motion of Intent so that there is clarity and accuracy in all issues presented. Commissioner Lambert agreed to consider the Motion of Intent, but felt that a site plan should be presented that would be acceptable to Public Works and the Planning Division of the intentions of the applicant. Commissioner Wilson raised the question of the purpose of the 1 foot no access strip. Mr. Durling explained that anyone who would like to add a driveway or who has an existing driveway, a permit from the County would be needed for any improvements or specificity as to its location. Mr. Durling also inferred that the biggest issue for the Planning Division is whether the access is contiguous to Arbol Avenue because it presents a traffic hazard. Mr. Durling will confer with the applicant to create a more specific site plan. Commissioner Wilson questioned whether there is a problem of moving the entrance to the business to the one driveway at the other end away from Olive Highway. Mr. Wubbolding answered that Olive Highway is a one-way and is a vital artery to his business at this time. Mr. Calarco reiterated that coordination of all parties, Planning Division, Public Works and Applicant, is essential for the next meeting so that there are not inconsistencies or conflicts. Motion 'BUTTE COUNTY PLANNING COMMISSI6N°1VIINUTES'September 8, 2005•Pag'e 4 of 12 It was moved by Commissioner Nelson, seconded by Commissioner Wilson, and unanimously carried to continue the hearing open to October 13, 2005 and for approval of the Motion of Intent to approve Use Permit with certain conditions being met and resolved regarding improvements, site plans, and timeline(s). r t 0 °BUTTE`COUNTY PLANNING COMMISSIbN°MINUTES°September 8, 2005°Page 5 of 12° j DEPARTMENT OF DEVELOPMENT SERVICES BUTTE COUNTY UNIFORM APPLICATION APPLICANT: Agent inforniation to be provided is on page 2 A LICANT'S NAME: If application is different from ownef an affidavit is required.) ASSESSOR'S PARCEL NUMBER: k� bb 1 t ri - 0 - o ADDRESS:STREET, CITY, STATE, & ZIP CODE FILE NUMBER: (FOR OFFICE USE) &I Z'► 8a t'R U dt l 9 - NAME OF PROPOSED PROJECT (If any) TELEPHONE: \+ 30 - 3 LOCATION OF PROJECT (Major cross streets and Address, if any) 3 (o90 o I l Ye Cr.&s S( - A rbb GENERAL INFORMATION REQUIRED NER'S NAME: Oklobrj4 TELEPHONE: ( )- g ADDDRES-S::�' ,p CITY, STATE, & ZIP CODE: M.1 � fGt ZONE GENERAL PLAN EXISTING I D USE SITE SIZE (in Square Feet or Acres) C- t,0L- es Ay EXISTING STRUCTURES (in Square Feet) OPOSED ST UCTURES (in Square Feet) % v (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED (Check One) PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER PROPERTY IS OR PROPOSED TO BE ON SEPTIC PROPERTY IS OR PROPOSED TO BE ON WELL WATER APPLICATION REQUESTED ❑ GENERAL PLAN AMENDMENT ❑ TENTATIVE SUBDIVISION MAP ❑ REZONE ❑ TENTATIVE PARCEL MAP 9 USE PERMIT n1JTTE ❑ WAIVER OF PARCEL MAP ❑ MINOR USE PERMIT COUNTY ❑ BOUNDARY LINE MODIFICATION ❑ VARIANCE JUN 4 2004 ❑ LEGAL LOT DETERMINATION ❑ MINOR VARIANCE DEVELOPMENT ❑ CERTIFICATE OF MERGER ❑ ADMINISTRATIVE PERMIT SERVICES ❑ 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 .Mloe-1 n r I r CAA { ' Ie-/ Q 1 ger— is ct DLi m r._; 1,-,i 251f., 0 OWNER CERTIFICATION I CERTIFY THAT 1 AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER, I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND ACCURATE. (If an agent is to be authorized, execute an affidavit of aut orization and include the affidavit with this application.) DATE: Z b SIGNATURE: t4)�2 ?'J"' [f:0R:MS\UNI FORM APPLICATION Page I of 2 a AGENT AUTHORIZATION TO: Butte County, Department of Development Services: 4�?/ / /) I //I - Print Name Mailing Address is hereby authorized to process the application for,��,. on my property, identified as Butte County Assessor Parcel Number: APN# 4�2L ef - 2.10 - 6q!J Phone NumberS( 3y )-.T 33 - S3 q 3 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) 1* C/ Print Name Si,,nature Architect and/or Engineer: Print Name of Architect/Engineer Mailin, Address FOR OFFICE USE ONLY Print Name Signature Phone Number Verify: (0 ©q Date Received: Total Amount Received: 3r G 1 0 AP Numbers) Legal Description R1 Owners Authorization. Zoning Requirements FJ Project Description Copies of plot plan nn Taken by: I ►' La-Z 1►' `t C 1���.2ri10� Receipt No. 7O (7 P W/LD k05-00 Plan 9"i -70-o" E.H. t bd -00 CDF t13. 1�o NOD/NOE Fees Payment of the currently required Application Fee and/or Deposit (Any unused portion of a deposit) will be returned upon final action. Current fee for this application is Make check payable to "Butte County Treasurer". K:`d-*Oltn4SAjN11rORM APPLICATION Page 2 of 2 as of COUNTY OF BUTTE ENVIRONMENTAL INFORMATION FORM (To be completed By Project Applicant) Date Filed GENERAL INFORMATION: rr 1 . Name and address of owner, and/or developer, and/orproject sponsor: W bb 's ov 9 2. Address of project: 34C 94 44,t w, ?&.4 It (fravJ fie. Ca iS�6� • Assessor's Parcel Number: 3. Name, address, and telephone number of person to be contacted concerning this project: 4. List and describe any other related perm _ nd other public approvals required for this project,CQ` 9S 9�C including those required by city, regional, state and federal agencies: 5. Existing general plan designation: 6. Existing zoning district: 7. - How is land currently used? 8. Proposed use of site (Project for which this form is filed): Project Description: 9. Site size: (Acres/Sq. Feet) 10. Off-street parking spaces: Full size: Compact: Total: 11. Plans attached: Yes No 12. Proposed development schedule 13. Associated projects 14. Anticipated incremental or phased development 0 Butte County Department of Development Services 0 Planning Division 0 :7 • 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 in the vicinity. 27. Site on filled land or on slopes of 10 percent or more. 28. Use of, or disposal of potentially hazardous materials, such as toxic substances, flammable or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, etc. including special districts). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. 0 Butte County Department of Development Services ❑ Planning Division 0 Environmental Setting: (Attach brief description) 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one -family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set -back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date Signature K:1Planning\FORMS\Submittal\ENV-INFO.FRM 0 Butte County Department of Development Services O Planning Division O 0 USE PERMIT APPLICATION PACKET CHECKLIST This cliecklist is designed to assist applicants in making sure all necessary information is included in their application packet. Please include this checklist along with your submittal. Applicant Planner 1. ❑ ❑ A completed, signed, Uniform Application and Environmental Information form. If the application is signed by an agent for the property owner, an agent authorization form must be submitted along with the Uniform Application. The application shall not be accepted unless signed by the owner or authorized agent. ?. ❑ ❑ Payment of the currently required Application Fee and/or Deposit (Any unused portion of the deposit ill be returned upon final action, if any remains.) (Planner advises applicant) 3. ❑ ❑ Thirty ive(35) copies of plans which shall include a detailed site plan drawn to scale. All p s shall be drawn on uniform size sheets no greater than 24" x 36 The finished plans shall be folded to 8 %2" x I V. The detailed site plan must include: a. ❑ ❑ Nan e and address of Applicant, Engineer and/or person who prepared the plan u b. ❑ ❑ Property lines and lot dimensions R� C. ❑ ❑ QAssessor Parcel Number(s) and the street address. ss. BUTTE COUNTY �d. ❑ ❑ Proposed use and/or uses of the property. jut4 - 4 2004 ,DEVE SELOpMENT ��/ ❑ ❑ P-ropo.sed_landscaping-plan,-i-f-applicable. 1. ❑ ❑ Dimensioned locations of existing and proposed improvements on the property (including, but -not limited to, buildings, driveways, parking areas, wells, septic tanks and leach fields). ,g/ ❑ ❑ Distances from any significant natural and constructed features of the property, such i\ as streets, access roads, streams, rock outcroppings, major tree stands, storm drains, bodies of water, railroads, to the property lines. IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 1 ❑ ❑ Location of all slope banks, ponds, creeks, buttes, sloughs, rock outcroppings, natural drainage courses, irrigation canals and existing vegetation worthy of consideration for preservation, such as oak trees. 4. ❑ 5. ❑ Any existing faults or fractures and geologic hazards. North arrow and scale of drawing. All plans shall be drawn to an engineering scale with the preferred scale of 1" = 20', with a north arrow preferably oriented to the top of sheet. sCc-k� bA. _ All plans must be clear and legible. �I- > recopy of 8 ''/i" x 11" transparency reduction of the detailed site plan. ❑"A"<vicinity map showing closest major cross streets, zoning and existing land use. After a meeting with a Butte County Planner the following checked items will be required to be submitted at the time of application: (optional) 6. ❑ ❑ One (d ),s.colored plans mounted on foam boards, which shall include an illustrative site plan, illustrative -building elevations, and any necessary cross-sections. Portions of this requirement may be waived by the Planning Manager. Portions waved ❑YES ❑ NO 7. ❑ 8. ❑ 9. ❑ a. OC- EJ One(l-)-fu-1.1-size eproducible sepia for each sheet in the plan set of the detailed site plan. ❑ Build g atei4_ats on a sample board, 8 '/z" X I V. ❑ Detaile an including the following: ❑ Buildi g se. backs from the ultimate road right-of-way (front, rear, sides). ❑ Proposed and existing on-site driveways and/or roads ❑ Location, height, and materials of walls and fences (sections may be required). d. ❑ ❑ All driveways, drawn to scale, on adjacent and across the street properties within 100 feet of the subject site. IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 2 lam:. • � 5 ❑ ❑ Existing curbs, gutters, sidewalks and existing paving widths on-site or within 100 % feet of the site, on adjacent and across the street properties. QEl ❑ Typical street section(s). 'g�--❑ ❑ Nearest cross streets on both sides with plus or minus distances from subject site. }�! ❑ ❑ Approximate location of all buildings within 100 feet, on adjacent properties. �61 ❑ Proposed method of sewer and water connection or alternative method of sewage disposal and potable water supply. �j . F]❑ Existing and nearest fire hydrants. ❑ ❑ Access, both pedestrian and vehicular, showing service areas and points of ingress and egress. . .❑ ❑ Internal circulation pattern. �iC❑ ❑ Elevation contours, at a minimum per USGS maps. 10� ❑ ❑ - Illustrative Site Plan The plan should include a graphic scale and north arrow, all proposed and existing improvements, landscape concepts such as earth mounding and meandering walkways, walls, ground cover, trees, shrubs, shadows, paving and other elements as may be necessary to illustrate the site plan'. (Dimernsions may be excluded from this plan.) 171 ❑ ❑ Conceptual Grading Plan Items to be shown include: ❑ ❑ Natural areas to be preserved. b. ❑ ❑ Proposed cut and fill areas in contrasting colors of zipatone pattern. c. -1 ❑ Existing and proposed contours within 100 feet of project boundaries. IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 3 0 1 0 d. ❑ ❑ Pr jposed.drainage and flood control facilities. e. El Erosion control measures (e.g. - slope landscaping). f. ❑ ❑ ZNatural drainage. g. ❑� Elevations and finished contours. h. ❑:1\Location of retaining walls, drainage channels and existing structures. I. F] F]Location, elevation and size of proposed building pads. I ? . ❑ ❑ Illustrative Building Elevations Illustrative building elevations showing all sides of existing and proposed buildings and structures. Illustrative building elevations means architectural elevations showing typical materials to be used, trees, landscaping and shadows to give the elevations graphic dimension. Additional information may be required in order to clarify, amplify, correct or otherwise supplement the above submittal information or to complete any required environmental review documents, as deemed necessary by the Department of Development Services, Public Works, Environmental Health Division, Butte County Fire Department, or Agriculture Commissioner. Signature: Applicant/Representative t Signature: Planner Receiving Application K:U'I:mnim_,P0RK4S\,Suhmiva1\C'I-I ECKLIS\USEPERM LFRM Date Date: BUTTE COUNTY JUN - 4 2004 DE SE OPMENT IF I NSUFFICI ENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 4 APPENDIX A` NOTICE OF EXEMPTION TO: _ Office of Planning and Research FROM: Butte County Planning Division 1400 Tenth Street, Room 121 7 County Center Drive Sacramento, CA 95814 Oroville, CA 95965 X County Clerk County of Butte 25 County Center Drive Oroville, CA 95965 Project Title: Use Permit, UP 04N-26 DEPUTY Assessor's Parcel No.: 068-2107094 Applicant: Robert and Lisa Wubbolding, 84 Jim's Bar Road, Oroville, CA 95966 Project Location -Specific: on the southwest corner of State Highway 162 (Olive Highway) and Arbol Avenue, Oroville Project Location -City: Oroville Project Location -County: Butte Description of Nature, Purpose and Beneficiaries of Project:. Use Permit to establish a commercial use (Real Estate office and Limosine Service) in the H -C (Highway Commercial) zone Name of Person or Agency Approving Project: Butte County Planning Commission or Butte County Board of Supervisors Exempt Status: (Check One) Ministerial (Sec. 15073) Declared Emergency [Sec. 15071(a)] Emergency Project [Sec. 15071 (b) and (c)] Categorical Exemption. State type and section number: 15303(c) Statutorily Exempt — 15274(a) Reasons why project is exempt: A store, motel, office, restaurant or similar structure not involving the use of significant amounts of hazardous substances, and not exceeding 2500 square feet in floor area. In urbanized areas, the exemption also applies to up to four such commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use, in not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. Contact Person: Carl Durling Telephone: (530) 538-7601 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes No Date Received For Filing: Signature, Jo Hunter, Development Services Special Assistant to Chief Administrative Officer i 0 DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT Robert and Lisa Wubbolding 84 Jim's Bar Road Oroville, CA 95966 FILING NO. Project Title/File Number: Use Permit, UP 04N-26 APN: 068-210-094 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION (X) A. Statutorily or Categorically Exempt $36.00 Clerk's Documentary Handling Fee ( ) 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 Cleric's Documentary Handling Fee ( ) B. Environmental Impact Report $850 State Filing Fee $36.00 Clerk's Documentary Handling Fee 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) # 406271 2. ( ) NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Joe Hunter, Development Services Title: Special Assistant to Chief Administrative Officer Lead Agency: Butte County Department of Development Services Date: October 25, 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. RECEIVED FROM DESCRIPTION r COUNTY OF BUTTE AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT ORONALLE, CA ATR NO 746-64 PLANFERING BAG 0 330 DATE 61712004 FUND FUND DEPT ACCT . CASH TITLE CGDE CODE CODE CODE AMOUNT DEPOSIT ELATE: 6..17 RECEIPTS: 4G.27`I -408276 L�►i`!ii@INfa APDL FEES f GENIL 0010 440001 421 '101001 - m Prcoject,Number Aaount of Fee APN..G4 c :lia-004-R'.AA)B_BOLD_ii,!G - UP 04--26 $� `APN:4-3 a9 90 O.i9;091-760-003 D OST'RANDER- LL.A CA -24 T $555.00 �.PN:055-300-098,06E - BREUNER, INC - LLA 04-25 $555.00 LAND DEVELOPMENT GENL 001€ 44WU 46117031 ' 10JOU1. Project Number Amount of Fee APN:068-?.40-094-R U%UBBOLDING - UP 04-26 r $965.00 APN:09 4-390-039;09 4-760-003 D OS T RANDER- LLA 04-24 $358.00 APN:055-300-095,066 - BREUNER,' INC - LLA G4-25 $359.00 EN0(IFc®lo1MENTAL FILTH OENL 00469 54OM • 4614901 i0ie 11 Project Number Amount of Fee APN:068-240-094-R'Vx1 IBBGLDING - UP 04-25 1485.00 APN:09 9-390-1139;019-750-003 D OSTP,ANDER- LLA 04-24 $227.00 APN:055-30(1.098,066 - BREUNER, INC - LLA. (0-25 8227.00 FIRE PLNG APDL FEE FIRE PROTECT 011 4617240 161001 Project Number Amount of Fee APN:068L21M94-R bVUBBOLDWO - UP 04-28 � $43.00 - NOD1NOE CLER15°S FILINt'a FEE OENL' 0WO L------`_— 470001 4542313 -1840 14 - -- _ — -(= P�j6ct Ntimber Amount of Fee _ 29 AFN-008-0-Q84-R WUBBOLDING - UP 0426. _ � � $30.00 yp F( --,R 6/6 APPROVED BY: AUDITOR -CONT' OLLER By: ' TOTAL $ RECEIVED BY TREASURER Ete=2 � carer Sink --auditor cartary--depositor golden rod--- Ye 4,W0.00 883.00 638.W 43.01 36.0E 5,601.00 11/1/2005 Butte County Department of Development Services 7:59 AM Pre -Bill Worksheet Nickname UP 04N-26 I Wubbolding Full Name Robert and Lisa Wubbolding Address 39#& Pil-DA-+-E /I Oroville CA 95966 Business (530) 533-5343 Fax Home (530) 589-1951 Other In Ref To Notes Date Employee Rate ID Task Markup % _ 6/8/2004 Roni 137.00 4318 Initial Processing - Clerical Input, initial clerical processing of application. 6/15/2004 Roni 137.00 4469 Initial Processing - Clerical Input, initial clerical processing of application. 6/21/2004 Lynn 137.00 4476 Clerical Activities Clerical application processing - proofing 6/17/2004 Carl 137.00 4520 Report Wor Project Analysis Reports and/or project analysis related to the application. 6/22/2004 Carl 137.00 4562 Site Review Field review of project site/vicinity including travel time. 6/23/2004 Carl 137.00 4587 Meeting - Planner Time spent in meetings (Not incl. Public -Hearings). 6/24/2004 Carl 137.00 4599 Report Wor Project Analysis Reports and/or project analysis related to the application. 7/9/2004 Carl 137.00 4778 Site Review Field review of project site/vicinity including travel time. 12/17/2004 Carl 137.00 6998 Report Wor Project Analysis Reports and/or project analysis related to the application. 12/17/2004 Carl 137.00 7001 Report Wor Project Analysis Reports and/or project analysis related to the application. 12/20/2004 Carl ; 137.00 7008 Report Wor Project Analysis Reports and/or project analysis related to the application. Page 1 Hours Amount Total DNB Time DNB Amt 0.38 51.98 No Charge 0.38 51.98 0.10 13.24 No Charge 0:10 13.24 0.66 90.31 No Charge 0.66 90.31 0.96 131.10 No Charge 0.96 131.10 0.92 125.58 No Charge 0.92 125.58 0.33 45.67 No Charge 0.33 45.67 0.75 102.75 No Charge 0.75 102.75 0.50 68.50 No Charge 0.50 68.50 0.02 3.39 No Charge 0.02 3.39 1.26 172.20 No Charge 1.26 172.20 7.15 979.17 No Charge' 7.15 979.17 Page 2 Amount Total DNB Amt 86.96 No Charge 86.96 102.75 No Charge 102.75 57.08 No Charge 57.08 11/1/2005 Butte County Department of Development Services 7:59 AM Pre -Bill Worksheet UP 04N-26:Robert and Lisa Wubbolding (continued) No Charge Date Employee Rate Hours ID Task Markup % DNB Time 1/10/2005 Carl 137.00 _ 0.63 7220 Report Wor Project Analysis 0.63 Reports and/or project analysis related to the application. 1/11/2005 Carl 137.00 0.75 7227 Report Wor. Project Analysis 0.75 Reports and/or project analysis related to the application. 1/26/2005 Mark 137.00 0.42 7403 Meeting - Planner 0.42 IDR - Final Condition Writing 1/27/2005 Mark 137.00 0.74 7417 Site Review 0.74 Field review of project site/vicinity including travel time. 3/9/2005 Carl 137.00 1.51 7797 Report Wor Project Analysis .1.51 Reports and/or project analysis related to the application. Finished up report per final condition check. set for public hearing. 3/10/2005 Carl 137.00 3.75 7813 Report Wor Project Analysis 3.75 Reports and/or project analysis related to the application. 7/8/2005 Carl 137.00 4.51 9219 Report Wor Project Analysis 4.51 Reports and/or project analysis related to the application. 7/11/2005 Carl 137.00 1.80 9228 Report Wor Project Analysis 1.80 Reports and/or project analysis related to the application. 7/25/2005 Lynn 137.00 0.32 9414 Publication - Clerical 0.32 Publish in Newspaper - Oroville Mercury waiting for invoice 7/25/2005 Carl 137.00 1.01 9419 Report Wor Project Analysis 1.01' Reports and/or project analysis related to the application. 8/4/2005 Carl 137.00 0.42 9506 Meeting - Planner 0.42 Time spent in meetings (Not incl. Public Hearings). Met with applicant to explain conditions, etc. Page 2 Amount Total DNB Amt 86.96 No Charge 86.96 102.75 No Charge 102.75 57.08 No Charge 57.08 101.38 No Charge 101.38 206.34 No Charge 206.34 513.86 No Charge 513.86 618.52 No Charge 618.52 246.18 No Charge 246.18 44.45 Do Not Bill 44.45 138.41 No Charge 138.41 57.16 No Charge 57.16. IV ;s 11/1/2005 Butte County Department of Development Services 7:59 AM Pre -Bill Worksheet Page 3 UP 04N-26:Robert and Lisa Wubbolding (continued) Date Employee Rate Hours Amount Total ID Task Markup % DNB Time DNB Amt 8/25/2005 Carl 137.00 1.72 235.91 No Charge 9660 Report Wor Project Analysis 1.72 235.91 Reports and/or project analysis. related to the application. 8/26/2005 Carl 137.00 1.57 214.41 No Charge 9667 Report Wor Project Analysis 1.57 214.41 Reports and/or project analysis related to the application. 8/31/2005 Carl 137.00 3.42 468.08 No Charge 9695 Report Wor Project Analysis 3.42 468.08 Reports and/or project analysis related to the application. 9/12/2005 Sherry 35.00 0.67 23.33 No Charge. 9745 Mtg - Clerical 0.67 23.33 Arrange/attend associated with project review 9/14/2005 Carl 137.00 0.37 50.23 No Charge 9754 Report Wor Project Analysis 0.37 50.23 Reports and/or project analysis related to the application. 9/23/2005 Carl .137.00 0.85 115.77 No Charge 9832 Meeting - Planner 0.85 115.77 Time spent in meetings (Not incl. Public Hearings). Included preparation time. 9/26/2005 Carl 137.00 2.86 392.43 No Charge 9865 Report Wor Project Analysis 2.86 392.43 Reports and/or project analysis related to the application. 9/28/2005 Carl 137.00 2.42 331.08 No Charge 9886 Report Wor Project Analysis 2.42 331.08 Reports and/or project analysis related to the application. 10/13/2005 Carl 137.00. 0.75 102.75 No Charge 10018 Hearing - Planner 0.75 102.75 10/13/2005 Lynn 137.00 0.67 91..33 No Charge 10019 Mtg - Clerical 0.67 91.33 Arrange/attend associated with project review . 10/25/2005 Sherry 35.00 0.18 6.40 No Charge 10149 NOD/NOE Processing 0.18 6.40 Processing and Permit for NOD/NOE following Hearing. 11/1/2005 Butte County Department of Development Services 7:59 AM Pre -Bill Worksheet Page 4 UP 04N-26:Robert and Lisa Wubbolding (continued) • Amount Total TOTAL Billable Fees 0.00 $0.00 Do Not Bill 0.32 $44.45 No Charge 44.05 $5,944.25 Date Employee Price Quantity Amount Total ID Expense Markup 0/6 7/28/2005 PUBLISH 91.77 1.000 91.77 Billable 9741 Publishing Expense Publish in Newspaper -Chico ER 7/28 F06-022 1 TOTAL Billable Costs $91.77 Amount . Total Total of Fees (Time Charges) Total of Costs (Expense Charges) Total new charges Accounts Receivables DatellD Type Description 6/4/2004 INV ' Invoice NOD/NOE .1068 6/4/2004 CRED Credit NOD/NOE Recording Fee 1069 Receipt #406271. Check #8748 6/4/2004 INV Invoice -Flat Fee Project 1364 6/4/2004 PAY Payment -Receipt 406271, Check 8748 1365 Total Accounts Receivable Total New Balance $36.00 ($36.00) 7 $2,970.00 ($2,970.00) $0.00 $91.77. $91.77 $0.00 $91.77 Employee Summary Employee Rate Hours Charges Slip Value Adjustment CD 0.00 •40.23, $0.00 $0.00 0.00 0 • 11/1/2005 Butte County Department of Development Services 759 AM Pre -Bill Worksheet Page 5 UP 04N-26:Robert and Lisa Wubbolding (continued) Employee Rate Hours Charges Slip Value Adjustment MM 0.00 1.16 $0.00 $0.00 0.00 LR 0.00 1.33. $0.00 $0.00 0.00 SV 0.00 0.85 '$0.00 $0.00 0.00 RT 0.00 0.48 $0.00' $0.00 0.00 0 0 • DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT Robert and Lisa Wubbolding 84 Jim's Bar Road Oroville, CA 95966 FILING NO. Project Title/File Number: Use Permit, UP 04N-26. APN: 068-210-094 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: L� i OCT 27 2005. CANDAC� J. GROSES, BLINE CO. CLERK 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION (X) A. Statutorily or Categorically Exempt $36.00 Clerk's Documentary Handling Fee ( ) 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 Fees $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) # 406271 2. ( ) NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Joe Hunter, Development Services Title: Special Assistant to Chief Administrative Officer Lead Agency: Butte County Department of Development Services Date: October 25, 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. r APPENDIX A NOTICE OF EXEMPTION TO: _ Office of Planning and Research FROM: Butte County Planning Division 1400 Tenth Street, Room 121 7 County Center Drive Sacramento, CA 95814 Oroville, CA 95965 X County Clerk County of Butte 25 County Center Drive Oroville, CA 95965 Project Title: Use Permit, UP 04N-26 Assessor's Parcel No.: 068-210-094 Applicant: Robert and Lisa Wubbolding, 84 Jim's Bar Road, Oroville, CA 95966 Project Location -Specific: on the southwest corner of State Highway 162 (Olive Highway) and Arbol Avenue, Oroville . Project Location -City: Oroville Project Location -County: Butte ' Description of Nature, Purpose and Beneficiaries of Project: Use Permit to establish a commercial use (Real Estate office and Limosine Service) in the H -C (Highway Commercial) zone Name of Person or Agency Approving Project: Butte County Planning Commission or Butte County Board of Supervisors Exempt Status: (Check One) Ministerial (Sec: 15073) _ Declared Emergency [Sec. 15071(a)] Emergency Project [Sec. 15071 (b) and (c)] Categorical Exemption. State type and section number: 15303(c) Statutorily Exempt — 15274(a) Reasons why project is exempt: A store, motel, office, restaurant or similar structure not involving the use of significant amounts of hazardous substances, and not exceeding 2500 square feet in floor area. In urbanized areas, the exemption also applies to up to four such commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use, in not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. Contact Person: Carl Durling Telephone: (530) 538-7601 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes No Date Received For Filing: Signature, Jo Hun 'ter, Development Services Special Assis ant to Chief Administrative Officer ;eUDiTOR`S CIER 17FICATE- AND TRE..ASURER'S REICEIPT OROVILLE, CA RECEIVED FROM PLRNWHNG E' AG :# 330 FUND FUND DESCRWIRON, w �1ITLE _ CODE DEPS- CODE ATR ISO DINE ACCT CASH CODE CODE^r -1 04 . AMOUKyr DEPOSIT DA.TE: SP7 RECEIPTS: KA327%-4M276 PLANNING ADPL FEES GENL KNO 44=1 42102 WIWI Ptpject NumberAmount 61 Fee APN:06P-21 a -Q04 -R V -4J8901 -DI G - UP G4=2a W.. C21,970.00 APN:Gi i-310-039;041-7brP203 D OST ANDER-! LA 024-24 $556.00 :�.PFt:Q55 X00 098,t78I - BREUNER, INC- LLA 04-::5 $555.00 k -AND DEVELOPMENT GEML. 0cio 44OW4 4611700 101001 Project Number Anio nt of Fees APi;x:^18-217 RG -094- e VJUBLD-1NG-, - UP 04-26 $165.00 — kPN:09 i-76i,L003 D cis� �,AI DER- LLA 34-24 $358.00 APN:G55-3Q0-088,050 - BREUNER, INC - LLA 4-25 $359.00 E tIRON ENTAL. HLT -I GENL mica 54 C€ M 491 4901 aicc I 639.W Project Number An-cound of Pee APN:069-21 Q -01'94-R WUSBOLDING - SUP 04-25 APN:r14 9-390-331;09 9-7FC 003 0 0E.TPANI)ER- LL& 04-24 �QTOQ t,Prt :0 , ?00-e090,01 Fi - BREUNER, INC -'11F. 04-25 $227.00 FIRE PLNG APFL PEE FIRM PROTECT GiCO - 4617240 8olfel 43.E Pmject Number Amount of Fee APN:Q8,92tn-0?4-R V` UBBOLDINC, - UP G4 -28- F 00r'"a0E CLERK'S FILING FEE GERL 'fO 47i 0k30 `I 461 Z.111,9 jQJF,-f0j ' pi -pied Number Amount 67 Fe'e APH:058-210-094-R V�UBB =LD44G - UP GJ -26 FOP 5 f TOTAL $9E�o� AFIFIRO 7-D fir'`: : AL;DiT0R-00f t E..0LLER By: RECEIVED BY : TREASURER ait� t-ea�cs r p�Mk=auditor canar4=depositur golden-iod==Elle 0 Butte County Department ofDevelopment Services PLANNING DIVISION 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * PLANNING 10/13/2005 Robert and Lisa Wubbolding 84 Jim's Bar Road Oroville, CA 95966 . Re: Use Permit, UP 04N-26, AP: 068-210-094 Dear Mr. and Mrs. Wubbolding: At the regular meeting of the Butte County Planning Commission held October 13, 2005, your request for a Use PermitUse Permit to establish a commercial use (Real Estate office and Limosine Service) in the H -C (Highway Commercial) zone, on property zoned, H -C, (Highway Commercial), . was approved subject to the conditions listed on the enclosures. The property is located on the southwest corner of State Highway 162 (Olive Highway) and Arbol Avenue, Oroville Please sign both copies and return both copies to this Division within 40 calendar days. Should you desire to appeal any of the conditions imposed by the Planning Commission, you must do so in writing prior to 5:00 p.m:, Monday-, October 24, 2005 to the: Clerk of the Board of Supervisors 25 County Center Drive Oroville, California, 9596.5 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. 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 be aware that failure to return the signed copies within 40 calendar days will invalidate the Planning Commission's approval. Re-application to this Division would then be necessary. 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 registered 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 Carl Durling at 538-7150 between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Commission Clerk Uletters\merge IetterskAPPRCATUP.dot I Memorandum Department of Development Services Planning Division TO: Honorable Chair and Commissioners FROM: Carl Durling, Associate Planner FILE: • Wubbolding: Use Permit 04N-26 • REQUEST: Applicant request for a five year exception to implementing Conditions #3, #4, #5 and #6, Page 6, of original Agenda Report of August 11, 2005. DATE: September 8, 2005 ATTACHMENTS: A. Letter requesting change in condition with accompanying site plan and photographs. B. Site photograph On August 11, 2005, the Butte County Planning Commission continued the Wubbolding Use Permit, 04N-26 to September 8, 2005. The purpose of the continuance was give staff the time to review the applicants request for an exception to implementing Conditions #3, #4, #5, and #6, Page 6, of the August 11, 2005 Agenda Report. The Planning Division recommends approval of the Use Permit but denial of the exception request based upon the recommendation of the Public Works Director. Subsequent to the August 11, 2005, hearing, the applicant submitted a letter requesting a five year extension on implementing the conditions. The conditions currently read as follows: 3. Obtain an encroach permit for all new or existing driveway approaches and construct them to County standards, as specified in the County Improvement Standards. Establish entrance only (no exit) on Olive Highway. Close ingress/egress near intersection of Arbol Avenue and Olive Highway for Safety. 4. Deed to Butte County, in fee simple, 30 feet of right-of-way from the centerline of Arbol Avenue along the entire parcel frontage. The right-of-way shall be sufficient for the installation of standard No. S-5 at all street intersections. 5. Submit road and drainage improvement plans for the installation and construction of the street frontage improvements on Arbol Avenue to RS -2A 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. Obtain encroachment permit from Caltrans and construct Olive Highway to minimum RS -2A ■ Butte County Department Of Development Services ■ 0 Planning Commission ■ Memorandum — Wubbolding UP 04N-26 ! September 8, 2005 ■ standard. Submit plans to DPW and Caltrans for review and approval prior to construction. 6. Dedicate a one foot "no access strip," or relinquish abutters rights to Butte County, along the Arbol Avenue frontage of parcel, except at approved access points. The hearing body, in an action relative to a matter before it, may authorize exceptions to any of the requirements and regulations relative to the design of a project. The hearing body must find that all of the following facts apply with respect to the subject property: 1. BCC 20-4 (1) a. "That there are special circumstances or conditions of topography or size or shape or location or existing development affecting the property, which circumstances, conditions or development existed at the time the application for the map was determined or deemed to be complete. " 2. BCC 20-4 (1) b. "That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated. " The applicant states the following in his exception request: In summary, the applicant states that implementing the conditions at this time would force the closure of his existing business. The applicant notes that his business is a change of use, and the proposed improvements were not required in the issuance of previous Use Permits. CEQA ISSUES /ENVIRONMENTAL DOCUMENTATION: This application for a Use Permit to allow the change of use in the HC (Highway Commercial) zone is determined to be Categorically Exempt from environmental review under Section 15303(c), which states that the California Environmental Quality Act exempts the conversion of existing small structures from one use to another for a store of less than 2,500 square feet. ACTION FOR CONSIDERATION: Staff recommends that the Planning Commission take the following actions: I. Find that this project is exempt from the provisions of the California Environmental Quality Act under Section 15303(c), which states that the California Environmental Quality Act exempts the conversion of existing small structures from one use to another for a store of less than 2,500 square feet. The payment of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is not required. II. Approve Use Permit UP 04N-26, for Robert and Lisa Wubbolding for a Real Estate and Limousine Service business in the HC zone, on APN 068-210-094, based on the following findings and the conditions found in Exhibit "A": A. 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 Department Of Development Services ■ 0 Planning Commission ■ Memorandum — Wubbolding UP 04N-26 0 September 8, 2005 0 Butte County General Plan,. and the development policies and standards of the county in that the Highway Commercial zone permits the use by Use Permit, and the HC zone was established in 1967 prior to the Medium Density Residential General Plan designation established in 1971 which previously permitted commercial uses. B., The location, size, design, and operating characteristics of the proposed uses will not conflict with, and will not adversely affect, or be materially detrimental to adjacent permitted and conditionally permitted uses, residents, buildings, structures, or natural resources in that the proposed uses are less intrusive to the nearby residential uses than the prior appliance store, pest control business, computer business, and vehicle storage uses. C. The proposed location, size, and design of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity in that proposed uses are less intrusive to the nearby residential uses than the previous commercial uses, i.e. an appliance store, a pest control business, a computer business, and vehicle storage. III. Deny the exception request for Use Permit UP 04N-26 for Robert and Lisa Wubbolding for a Real Estate and Limousine Service business in the HC zone, on APN 068-210-094 ■ Butte County Department Of Development Services ■ 0 Planning Commission 0 Memorandum — Wubbolding UP 04N-26 0 September 8, 2005 0 0 • EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP 04N-26 PERMIT NO. 068-210-094 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Robert and Lisa Wubbolding are hereby granted a Use Permit for a Real Estate and Limousine Service business in the Highway Commercial zone on APN 068-210- 094, at 3690 Olive Highway (State Route 162). Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this Use Permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this permit must be established within two years of the date of approval. 3. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 4. If any use for which a Use Permit has been granted is not established within two years of the receipt of the Permit by the Permittee, the Permit shall become null and void and reapplication pursuant to Section 24-45 (of the Zoning Code) shall be required to establish the use previously granted under the expired Permit unless, 30 days prior to the expiration date, a request for a one year extension is submitted to the Planning Commission together with sufficient evidence that the time limits for processing development permits under federal or state regulations require time limits which exceed one year. Upon application, and for good cause by the Permittee, at a public hearing pursuant to Section 24-45.25 above, the Planning Commission may extend any time limitation previously made a part of any condition to a Use Permit. ■ Butte County Department Of Development Services ■ 0 Planning Commission 0 Memorandum — Wubbolding UP 04N-26 ■ September 8, 2005 ■ 5. The terms and conditions of this Permit shall run with the land and shall be binding upon and .be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. 6. Neither the applicant, nor any agent nor representative of the applicant shall intentionally omit or misrepresent any material fact in connection with the application. Any alleged material misrepresentation shall constitute grounds for the Director of Development Services to commence a revocation hearing, and, if proven to exist, shall constitute sufficient grounds to revoke a Permit. Conditions of Approval: Planning Division: Applicant must comply with all other applicable State and local statutes, ordinances, and regulations. 2. All outstanding application processing fees shall be paid prior to issuance of the Use Permit. Public Works 3. Obtain an encroach permit for all new or existing driveway approaches and construct them to County standards, as specified in the County Improvement Standards. Establish entrance only (no exit) on Olive Highway. Close ingress/egress near intersection of Arbol Avenue and Olive Highway for Safety. 4. Deed to Butte County, in fee simple, 30 feet of right-of-way from the centerline of Arbol Avenue along the entire parcel frontage. The right-of-way shall be sufficient for the installation of standard No. S-5 at all street intersections. 5. Submit road and drainage improvement plans for the installation and construction of the street frontage improvements on Arbol Avenue. to RS -2A 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. Obtain encroachment permit from Caltrans and construct Olive Highway to minimum RS -2A standard. Submit plans to DPW and Caltrans for review and approval prior to construction. 6. Dedicate a one foot "no access strip" or relinquish abutters rights to Butte County, along the Arbol Avenue frontage of parcel, except at approved access points. Building Division 7. Prior to building permit issuance for a new commercial or industrial development, or addition to an existing development, the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees shall include, but not be limited to: School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. ■ Butte County Department Of Development Services ■ ■ Planning Commission 0 Memorandum — Wubbolding UP 04N-26 ■ September 8, 2005 ■ 8. Comply with the Uniform Building Code for property line clearances considering use, area and fire -resistiveness of existing buildings. 9. Existing building(s) shall be made to comply with current Building and zoning regulations for the intended new use of the building(s) or the existing building(s) shall be demolished. County Counsel 10. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to defend, indemnify and hold the County of Butte harmless from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. I hereby declare under penalty of perjury that I have read the foregoing conditions that they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Date: Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Butte County Planning Commission Chairman cc: Building Division Environmental Health Division Public Works - Land Development Division Fire Department/CDF Butte County Assessor's Office ■ Butte County Department Of Development Services ■ 0 Planning Commission 0 Memorandum — Wubbolding UP 04N-26 0 September 8, 2005 0 ■ Butte County Department Of Development Services ■ ■ Planning Commission 0 Memorandum — Wubbolding UP 04N-26 0 September 8, 2005 0 0 'Prof Plan owner R. li, L 1.. I'll 10 1 xPo. o6y-ve I"- Lie), 'rIA-5 Aclr-,r of ro ra Mamcvvul, Durr COIJINIT Y -ft I o 2005 EIEWP.NIE;17 SERVIrf.s rF 1:1,961 P vj-n-' �LFM LIF-OCLOPMEN .1 wevi.."K! Iv AT#CHMENT A Robert and Lisa Wubbolding 8.4 Jim's Bar Road Oroville, CA 95966 To Whom It May Concern: August 15, 2005 It seems that we are getting off on the wrong foot. If I did everything that wars asked of me in the agenda report, I would have to move or close my business. The ingress/ egress on the corner of Olive and Arbol is a main artery for my business. It is not possible for me to close it at this time. If I give up a 30' right of way and a one foot no access strip it would end up being about 8' from my front door. I might as well close it. off too. This makes it hard to stay in business. This is not counting any curbs, etc. (see photo). I believe 3690 Olive Highway could be a much more desirable place for everyone. . Here is my proposal. If we can agree to allow me to operate under current conditions for the next five years, during this time I will show a significant effort toward development of my new plan (see future plot plan). If more time is needed, for instance, one or two years, we can evaluate my significant effort at that time. I believe this could be a win-win for every one. There have been use permits on 3690 Olive Hwy in 1976 and 1984. Before that, it was a store and before that a Honda Shop. To the best of my knowledge, there have been no modifications prior to the last use permit, with the exception of three windows that I had replaced, and they were done with a permit. If . given a chance, I will be able to rebuild my building up to current standards with a much larger, setback from Olive and, Arbol. We then will be able to work together on the needs of Olive and Arbol. As progress moves forward, if we work together, the community and .surrounding areas will benefit from a much nicer facility. Please keep in mind that it is me flipping the bill and doing all the work, as well as giving up land (right of way, etc.) all for a use permit that was given freely to my predecessors before me. in y Robert and Lisa Wubbolding COUNTY 533 — 53 1X f AUU lots . D ' VELOPMEN T acb �oa 06 �s a o. Sbl -x WIN', gm Ft t? A�d�SL�. _�t7A °4 ,t��,.. ,� i2�. pQ � �';c,- try�,��.� ry�r4Ri -•sz �r�:, y�� .f!S r= , t a i 1p,.y ... t- c..Crj•F--c�i1, d} e t r 5 - r t 1 -.` r, I ' t.. 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LS.•;a �. �'!.�,.'r+�� i°y, � �_�' a- , L f: `.- *0'�zAi• �.. 11..E .. x, i�. r G, •2F rx' . rr 1 a r. �.i �.a 'h• IN Ow��r R,lit, uo(drr 51),5�, 4Nt 064? --Z l e Li To g c= R,:.=,modG>d , BUTTE COUNTY IAR I 0 2005 EV.ELOP1VIENT SERVF(:ES FF 4404/ r4 c4I-t.o� AA 150J, /+W, A C cc - 55 BUTTE COUNTY JUN ® 4 7-004 DEVELOPIvjEN SER7vl 'ES Robert and Lisa Wubbolding 3690 Olive Hwy Oroville, CA 95966 To Whom It May Concern; September 26, 2005 The purpose of this letter is to identify my plans for my project at 3690 Olive Highway, Oroville, AN 068-210-094. See plot plans dated 8/14/05. I will give up a 30' right of way and a 1 foot no access strip, as well as put in curb and gutter. However, the curb and gutter must be delayed for a period of 5 years. All other conditions must be delayed for a period of not less than five years. The appropriate departments or Butte County Planning Commission must come to an agreement that my plans are valid and executable prior to me giving up any of my rights. Sincerely, ��7� & " &� Robert Wubbolding 1 /.YS' / i �S � E'yAJti.o- c X ■ Butte County Department Of Development Services ■ 0 Planning Commission ■ Memorandum - Wubbolding UP 04N-26 ■ September 8, 2005 ■ •SPT °��UTTFo 0 O INTER -DEPARTMENTAL MEMORANDUMj o 0 PUBLIC WORKS DEPARTMENT ! o . • . ACLU N�yy , TO: CARL DURLING, ASSOCIATE PLANNER ' FROM: STUART EDELL, MANAGER, LAND DEVELOPMENT DIVISION PUBLIC WORKS SUBJECT: WUBBOLDING UP 04N-26. AP 068-210-094 DATE: SEPTEMBER 26, 2005 We have reviewed the revised site plan, submitted at our discussion. of September 23, 2005. The closure of the existing driveways and the location of the two new 40 foot wide driveways on Arbol Avenue, which provide onsite circulation are acceptable to this office. We recommend revision of proposed condition 3 to read as follows: 3. Obtain an encroachment permit for all new driveways and construct them to County Standards, as specified in the Butte County Improvement Standards. Also the existing driveways are to be obliterated under encroachment permits issued by Caltrans and Butte County. ' Ii Robert and Lisa Wubbolding 84 Jim's Bar Road Oroville, CA 95966 To Whom It May Concern: August 15, 2005 It seems that we are getting off on the wrong foot. If I did everything that was asked of me in the agenda report, I would have to move or close my business. The ingress/ egress on the corner of Olive and Arbol is a main artery for my business. It is not possible for me to close it at this time. If I give up a 30' right of way and a one foot no access strip it would end up being about 8' from my front door. I might as well close it off too. This makes it hard to stay in business. This is not counting any curbs, etc. 1 see photo). I believe 3690 Olive Highway could be a much more desirable place for everyone. Here is my proposal. If we can agree to allow me to operate under current conditions for the next five years, during this time I will show a significant effort toward development of my new plan (see future plot plan). If more time is needed, for instance, one or two years, we can evaluate my significant effort at that time. I believe this co-jld be a win-win for every one. There have been use permits on 3690 Olive Hwy in 19716 and 1984. Before that, it was a store and before that a Honda Shop. To the best of my knowledge, there have been no modifications prior to the last use permit, with the exception of three windows that I had replaced, and they were done with a permit. if given a chance, I will be able to rebuild my building up to current standards with a much larger setback from Olive and Arbol. We then will be able to work together on the needs of Olive and Arbol. As progress moves forward, if we work together, the community and surrounding areas will benefit from a much nicer facility. Please keep in mind that iN is me flipping the bill and doing all the work, as well as giving up land (right of way, etc.) all for a use permit that was given freely to, my predecessors before me. i 2i/ e Y s BUTTrk j Robert and Lisa Wubbolding COUN iY i 533 -:5 3 !�/ AUG. 1 ;005 DEVELOPMENT, SERVICES 0 E N -tla FzA i � � sem, ` - � �G •Q'. - tit DL ,ter•• lv P 3640 oi� ��y ©/a C9 14"Pwow,z/d - 09f o �o �0 60 8o ,:;mo «'o . 0 Memorandum Department of Development Services Planning Division TO: Honorable Chair and Commissioners FROM: Carl Durling, Associate Planner FILE: Wubbolding: Use Permit 04N-26 REQUEST: Applicant request for a five year exception to implementing Conditions #3, #4, #5 and #6, Page 6, of original Agenda Report of August 11, 2005. DATE: September 8, 2005 ATTACHMENTS: A. Letter requesting change in condition with accompanying site plan and photographs. B. Site photograph On August 11, 2005, the Butte County Planning Commission continued the Wubbolding Use Permit, 04N-26 to September 8, 2005. The purpose of the continuance was give staff the time to review the applicants request for an exception to implementing Conditions #3, #4, #5, and #6, Page 6, of the August 11, 2005 Agenda Report. The Planning Division recommends approval of the Use Permit but denial of the exception request based upon.the recommendation of the Public Works Director. Subsequent to the August 11, 2005, hearing, the applicant submitted a letter requesting a five year extension on implementing the conditions. The conditions currently read as follows: 3. Obtain an encroach permit for all new or existing driveway approaches and construct them to County standards, as specified in the County Improvement Standards. Establish entrance only (no exit) on Olive Highway. Close ingress/egress near intersection of Arbol Avenue and Olive Highway for Safety. 4. Deed to Butte County, in fee simple, 30 feet of right-of-way from the centerline of Arbol Avenue along the entire parcel frontage. The right-of-way shall be sufficient for the installation of standard No. S-5 at all street intersections. 5. Submit road and drainage improvement plans for the installation and construction of the street frontage improvements on Arbol Avenue to RS -2A 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. Obtain encroachment permit from Caltrans and construct Olive Highway to minimum RS -2A ■ Butte County Department Of Development Services ■ ■ Planning Commission 0 Memorandum — Wubbolding UP 04N-26 ■ September 8, 2005 0 standard. Submit plans to DPW and Caltrans for review and approval prior to construction. 6. Dedicate a one foot "no access strip," or relinquish abutters rights to Butte County, along the Arbol Avenue frontage of parcel, except at approved access points. The hearing body, in an action relative to a matter before it, may authorize exceptions to any of the requirements and regulations relative to the design of a project. The hearing body must find that all of the following facts apply with respect to the subject property: 1. BCC 20-4 (1) a. "That there are special circumstances or conditions of topography or size or shape or location or existing development affecting the property, which circumstances, conditions or development existed at the time the application for the -map was determined or deemed to be complete. " 2. BCC 20-4 (1) b. "That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated." The applicant states the following in his exception request: In summary, the applicant states that implementing the conditions at this time would force the closure of his existing business. The applicant notes that his business is a change of use, and the proposed improvements were not required in the issuance of previous Use Permits. CEQA ISSUES /ENVIRONMENTAL DOCUMENTATION: This application for a Use Permit to allow the change of use in the HC (Highway Commercial) zone is determined to be Categorically Exempt from environmental review under Section 15303(c), which states that the California Environmental Quality Act exempts the conversion of existing small structures from one use to another for a store of less than 2,500 square feet. ACTION FOR CONSIDERATION: Staff recommends that the Planning Commission take the following actions: I. Find that this project is exempt from the provisions of the California Environmental Quality Act under Section 15303(c), which states that the California Environmental Quality Act exempts the conversion of existing small structures from one use to another for a store of less than 2,500 square feet. The payment of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is not required. Il. Approve Use Permit UP 04N-26 for Robert and Lisa Wubbolding for a Real Estate and Limousine Service business in the HC zone, on APN 068-210-094, based on the following findings and the conditions found in Exhibit "A": A. 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 Department Of Development Services ■ 0 Planning Commission 0 Memorandum — Wubbolding UP 04N-26 0 September, 8, 2005 0 Butte County General Plan, and the development policies and standards of the county in that the Highway Commercial zone permits the use by Use Permit, and the HC zone was established in 1967 prior to the Medium Density Residential General Plan designation established in 1971 which previously permitted commercial uses. B. The location, size, design, and operating characteristics of the proposed uses will not conflict with, and will not adversely affect, or be materially detrimental to adjacent permitted and conditionally permitted uses, residents, buildings, structures, or natural resources in that the proposed uses are less intrusive to the nearby residential uses than the prior appliance store, pest control business, computer business, and vehicle storage uses. C. The proposed location, size, and design of the proposed use and the conditions under which it would be operated or: maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity in that proposed uses are less intrusive to -the nearby residential uses than the previous commercial uses, i.e. an appliance store, a pest control business, a computer business, and vehicle storage. III. Deny the exception request for Use Permit UP 04N-26.for Robert and Lisa Wubbolding ' for a Real Estate and Limousine Service business in the HC zone, on APN 068=210-094. ■ Butte County Department Of Development Services ■ 11 Planning Commission 0 Memorandum— Wubbolding UP 04N-26 0 September 8, 2005 ■ EXHIBIT A C� rx USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP 04N-26 PERMIT NO. 068-210-094 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Robert and Lisa Wubbolding are hereby granted a Use Permit for a Real Estate and Limousine Service business in the Highway Commercial zone on APN 068-210- 094, at 3690 Olive Highway (State Route 162). Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a .special condition to this Use Permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this permit must be established within two years of the date of approval. 3. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 4. If any use for which a Use Permit has been granted is not established within two years of the receipt of the Permit by the Permittee, the Permit shall become null and void and reapplication pursuant to Section 24-45 (of the Zoning Code) shall be required to establish the use previously granted under the expired Permit unless, 30 days prior to the expiration date, a request for a one year extension is submitted to the Planning Commission together with sufficient evidence that the time limits 'for processing development permits under federal or state regulations require time limits which exceed one year. Upon application, and for good cause by the Permittee, at a public hearing pursuant to Section 24-45.25 above, the Planning Commission may extend any time limitation previously made a part of any condition to a Use Permit. ■ Butte County Department Of Development Services ■ 0 Planning Commission 0 Memorandum — Wubbolding UP 04N-26 ■ September 8, 2005 ■ 5. The terms and conditions of this Permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal. representatives, successors, and assigns of the Permittee. 6. Neither the applicant, nor any agent nor representative of the applicant shall intentionally omit or misrepresent any material. fact in connection with the application. Any alleged material misrepresentation shall constitute grounds for the Director of Development Services to commence a revocation hearing, and, if proven to exist, shall constitute sufficient grounds to revoke a Permit. Conditions of Approval: PlanningDivision: 1. Applicant must comply with all other applicable State and local statutes, ordinances, and regulations. 2. All outstanding application processing fees shall be paid prior to issuance of the Use Permit. Public Works 3. Obtain an encroach permit for all new or existing driveway, approaches and construct them to County standards, as specified in the County Improvement Standards. Establish entrance only (no exit) on Olive Highway. Close ingress/egress near intersection of Arbol Avenue and Olive Highway for Safety. 4. Deed to Butte County, in fee simple, 30 feet of right-of-way from the centerline of Arbol Avenue along the entire parcel frontage. The right-of-way shall be sufficient for the installation of standard No. S-5 at all street intersections. 5. Submit road and drainage improvement plans for the installation and construction of the street frontage improvements on Arbol Avenue to RS -2A 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. Obtain encroachment permit from Caltrans and construct Olive Highway to minimum RS -2A standard. Submit plans to DPW and Caltrans for review and approval prior to construction. 6. Dedicate a one foot "no access strip" or relinquish abutters rights to Butte County, along the Arbol Avenue frontage of parcel, except at approved access points. Building Division 7. Prior to building permit issuance for a new commercial or industrial development, or addition to an existing development, the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees shall include, but not be limited to: School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. ■ Butte County Department Of Development Services ■ 0 Planning Commission ■ Memorandum — Wubbolding UP 04N-26 0 September 8, 2005 ■ 8. Comply with the Uniform Building Code for property line clearances considering use, area and fire -resistiveness of existing buildings. 9. Existing building(s) shall be made to comply with current Building and zoning regulations for the intended new use of the building(s) or the existing building(s) shall be demolished. County Counsel 10. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to defend, indemnify and hold the County of Butte harmless from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. I hereby declare under penalty of perjury that I have read the foregoing conditions that they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Date: Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Butte County Planning Commission Chairman cc: Building Division Environmental Health Division Public Works - Land Development Division Fire Department/CDF Butte County Assessor's Office ■ Butte County Department Of Development Services ■ ■ Planning Commission 0 Memorandum — Wubbolding UP 04N-26 0 September 8, 2005 0 0 0 ■ Butte County Department Of Development Services ■ ■ Planning Commission ■ Memorandum — Wubbolding UP 04N-26 0 September 8, 2005 ■ 0 • CA ,0.i, k ■ Butte County Department Of Development Services ■ ■ Planning Commission 0 Memorandum — Wubbolding UP 04N-26 ■ September 8, 2005 0 Robert and Lisa Wubbolding 84 Jim's Bar Road Oroville, CA 95966 To Whom It May Concern: August 15, It seems that we are getting off on the wrong foot. If I did everything that wi asked of me in the agenda report, I would have to move or close my business. The ingress/ egress on the comer of Olive and Arbol is a main artery for my business. It possible for me to close it at this time. If I give up a 30' right of way and a one foot access strip it would end up being about 8' from my front door. I might as well clos off too. This makes it hard to stay in business. This is not counting any curbs, etc. photo). I believe 3690 Olive Highway could be a much more desirable place for everyone. j Here is my proposal. If we can agree to allow me to operate under current { conditions for the next five years, during this time I will show a significant effort to development of my new plan (see future plot plan). If more time is needed, for insta j one or two years, we can evaluate my significant effort at that time. I believe this co be a win-win for every one. There have been use permits on 3690 Olive Hwy in 191 1984. Before that, it was a store and before that a Honda Shop. To the best of my knowledge, there have been no modifications prior to the last use permit, with the texception of three windows that I had replaced, and they were done with a permit. given a chance, I will be able to rebuild my building up to current standards with a n ' larger: setback from Olive and Arbol. We then will be able to work together on the r j of Olive and Arbol. ' As progress moves forward, if we work together, the communit surrounding areas will benefit from a much nicer facility. Please keep in mind that i me flipping the bill and doing all the work, as well as giving up land (right of way, e all for a use permit that was given freely to my predecessors before me. i �in ely BUT] COUN Robert and Lisa Wubbolding AUG 533 - 53 /Xl sEavIC' not it and and is ti: i W o 0,6 o� .s ©K Q'D L +T - K �. f I cv) T � -a s ra!]AP 41 i i r �F q .r qt� f t ,{ e � f ' � '441 lci: �., !� � r i id � 4 � '��� �' '. w �•�_.} � y � r .r qt� P08/10/2005 14:35 1-0538-6881 BILL CONNEL PAGE 02 t N BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT — August 11, 2005 Applicant: Robert and Lisa Wubbolding File #: UP 04N-26 Request: This is a Use Permit request to change from an appliance store, pest control business, computer business, and vehicle storage, to a Real Estate office and a Limousine Service business in the HC zone. G.P.: Low Density Residential Zoning: HC (Highway Commercial) Zoning Date of November 7, 1967 APN: 068-210-094 Parcel Size: 1.00 acre P fanner: Carl Durling 5,3$.— 7011.10 1 Associate Planner EXECUTIVE SUMMARY Supervisor District; Location: At the southwest corner of Olive Highway (State Route 162) and Arbol Avenue, at 3690 Olive Highway. Attachments: A: General P18n/Zoning Map B: Aerial Photograph C: Site Plan This is a Use Permit request to change from an appliance store, pest control business, computer business, and vehicle storage, to a Real Estate office and a Limousine Service business. The property is designated Low Density Residential in the Butte County Land'Use General Platt, and is zoned HC (Highway Commercial)- The proposed uses are permitted in the HC zone by Use Permit. The property is located at the southwest corner of Olive Highway (State Route 162) and,Arbol Avenue, at 3690 Olive Highway. The existing building has not been modified except for interior remodeling. Use Permits have been issued in 1976 and 1984 for various commercial uses. The staff recommends that Planning Commission approve the Use Permit for Robert and Lisa Wubbolding, . subject to the findings and conditions contained herein. PROJECT DESCRIPTIONISITE CkXARACTERISTICS: The. property is an approximate one acre, southwest comer lot, at the intersection of Olive Highway (State Route 162) and Arbol Avenue. There are no street improvements, curb, gutter or sidewalk, on either side of Arbol Avenue and Olive Highway. ■ BUTTE COUNTY PLANNING CONWISSION AGENDA REPORTS ■ August 11, 2005 ■ Robert and Lisa Wubbolding, Agenda Report UP 04N-26 0 Page I of 9 0 08 10/2005 14:35 1-5538-6881 BILL CONNELL* PAGE 03 zs is provided off of Olive Highway and Arbol Avenue, but egress is only allowed onto nXWl Avenue. One of the two inSA", egress points on Arbol Avenue is requited to be eliminated (Public Works Condition #3) because it is to close to Olive Highway. • The property slopes up from Olive Highway. The Arbol Avenue frontage is at grade. • The property is paved from the Olive Highway entry way to Arbol Avenue and all sides of the building. The westerly seventy-five feet is light gravel and dirt, and is a buffer for the adjoining residential property. • An existing well and, septic system, serve the uses on the property. • ' The building is approximately 2,400 square feet in size, • Surroundin; properties are developed with large lot residential uses to the north across Oliy e Highway, adjacent ou the west and south, and residential uses across Arbol kvenue to tom. east. The existing building and use is on a large corner lot. Primary activities of the proposed uses face Olive Highway which mitigates impacts on residential uses. • The site is level and has no significant topographic features or water courses on it. • Vegetation consists of a few ornamental trees and bushes. ANALYSIS Land Use and Zoning • The 1971 General Land Use Map designated the area as Medium Density Residential. • The 1979 General Plan Land Use Element designates the area as Low Density Residential. • The HC (Highway Commercial) zone was established on November 7,1967, by Ordinance 912, prior to the adoption of the 1971 General Plan. Residential uses, and Commercial uses allowed in the C-1 zone, were permitted with the approval of a Use Permit under this ordinance. • The current HC zone was readopted by Ordinance 3176 on January 24, 1995. Single Family residential dwellings, and their accessory uses, axe now the only permitted uses in this zone. Most C-1 type commercial uses, including the proposed uses, axe permitted with the approval of a Use Permit, or Minor Use Permit, under the current ordinance. - • A Use Permit (UP 76-72) was approved on un 0,1976, o allow abaft and tackle shop and a retail market in an existing building, and boat storage on the property. • A second Use Permit (UP 84-38) was approved on April 5, 1984, for a grocery store. • The previous owners where cited for the storage of `junk" on the property. The current owner/applicant has removed all junk, and the property is in a well-maintainod state. • The Building Division of Development Services, and the Public Works Department, has submitted their conditions of approval. These conditions are listed below. The Building Department motes that the existing building is nonconforming and must be brought up to ■ BUl'TB COUNTY PLANNING COU MSION AGENDA REPORTS • August 11, 2005 x Robert and Lisa Wubbolduag, Agenda Report UP 04N-26 N Page 2 of 9 2 08/10/2005 14:35 code. 1-50538-6881 BILL CONNELL* 1010* • The proposed uses, a 9 desk Real Estate office and a 6 vehicle Limousine Service business, are substantially less intense than the uses permitted by the previous Use Permits (a bait and tackle shop and a retail market), and therefore represent a reduction in site and area impacts. • The proposed uses are consistent ovith uses allowed in the HC zone by Use Permit such as retail stores, ptafessional and business offices. CEQA ISSUES /ENVIRONMENTAL DOCUMENTATION: This application for a Use Permit to allow the change of use in the HC (Highway Coram= al) is determined to be Categorically Exempt from environmental review under Section 15303%11 states that the California Environmental Quality Act exempts the conversion of existing s=1 structures from one use to another for a store of less than 2,500 square feet. ACTION FOR CONSIDERATION. - Staff re gMMeends tbg the plapgng Cotrraatission take the fol owing acti. 1. Find that this projectis exempt from the provisions of the California Environmental Quality Act under Section 15303(c), which states that the California Env, ironwental Quality Act exempts the conversion of existing small structures from one use to another for a store of less than 2,500 square feet. The payment of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is not required. Aplrty -e Use permit UP 04N-26 for Robert and Lisa Wubbolding for a Real Estate and :.. dim Service business in the HC zone, on APN 068=210-094, based on the following . md *e. cc*di6m found in Exhibit "A:': C. z pezm:,Vz sh_ awe by Lyse PamiL md the HC zone m 196:' p= m the 'Medium D!e=r; Residential Cv n=W Plan desaguafiou established in 1971 a-hich previously permitted couutercial toes. B. The location, size, design, and operating characteristics of the proposed uses will not conflict with, and will not adversely affect, or be materially detrimental to adjacent permitted and conditionally permitted uses, residents, buildings, structures, or natural resources in that the proposed uses are less intrusive to the nearby residential uses than the prior appliance store, pest control business, computer business, and vehiclae storage uses. a BUTTE COL'N'MTX PLANNING COivQviISSION AGENDA REPORT@ a ,August 11, 2005 ■ Robert and Lisa Wubbolding, Agenda Report UP WN -26 x Page 3 of 9 ■ 08,/10/2005 14:35 1 -*538-6881 BILL CONNELe PAGE 05 rd,• 1 proposed location, size, and design ofthe proposed use and the conditions u►adc which it would be operated or maintained will not be detrimentaLto the pubiic heahfi Safety, or welfare, or materially injurious to properties or improvements in The vicinity in that proposed uses are less intrusive to the nearby residential uses tbon the previous commercial uses, i.e. an appliance store, a pest control business, a computer business, and vehicle storage. 0 BUTTE COUNTY PLANNING COMMISSION AGENDA SORT■ ■ August I I, 2005 ■ Robert and Lisa Wubbolding, Agenda Report UP 04N-26 2 Page 4 of 9 0 68/16/2695 14:35 1-5538-6881 BILL CONNELL* 1 W411111.)1 �1 USE PERNUT BUTTE COUNTY PLANNING COMMISSION DATA:: (Certified Mail Rea.) ;MC51� UP 04N-26 PER?ar NO. ..� 068-210:094 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Robert and Lisa W ubbolding are hereby granted a Use Permit for a Real Estate and Limousine Service business in the Highway Commercial zone on APN 068-210-094, at 3690 Olive Highway (State Route 162). Failure to comply with the conditions specified herein as the basis for approval of application and issuance of PemDit constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, inchiding Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this Use Permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this permit must be established within two years of the date of approval. 3. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed, to be major or significant in nature shall require a formal application for amendment. 4. If anyuse 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 mail and void and reapplication pursuant to Sections 24-45 (of the Zoning Code) shall be required to establish the use previously granted under the expired Permit unless, 30 days prior to the expiration date, a request for a one year extension is submitted to the Planning Commission together with sufficient evidence that the time limits for processing development permits under federal or state regulations require time limits which exceed one year. Upon application, and for good cause by the Permittee, at a public hearing pursuant to Section 24-45.25 above, the t SU7n COUNTY PLANNING C01v WSSION AGENDA REPORTm ■ August 11, 2005 0 Robert and Lisa Wubboldiag, Agenda Report UP 04N-26 a page 5 of 9 ■ 08/10/2005 14:35 ,f 1-$538-6881 BILL CONNELe $,-I 1W5 Planning Commission may extend any time limitation previously Diad,: a p condition to a Use Permit. PAGE 07 The terms and conditions of this Permit shall run with the land and shall be bindinguWa and be to the benefit of the heirs, legal representatives, successors, and assigns of the P<e. 6. Neither the applicant, nor any agent nor representative of the applicant shall intentionaDy omit or misrepresent any material fact in connection with the application. Any ali*ad material misrepresentation shall constitute grounds for the Director ofDevelopment Serines to commence a revocation hearing, and, if proven to exist, shall constitute sufficient gm to revoke a Permit. Condidons of Approval: Planning Division• 1. Applicant must comply with all other applicable State and local statutes, ordinances. -and regulations. ' 2. All outstanding application processing fees shall be paid prior to issuance t. �ce of the Use Permi �( Public Works Q04 3if V'- � uU- Qty — � -�'�'''T 3.3. Obtain an encroach permit for all new or existing driveway approaches and construct them to County standards, as specified in the County Improvement Standards. Establish entrance only (no exit) on Olive Highway. Close in gresslegress near intersection of Arbol Avenue and Olive Highway for Safety.. 4 Deed to Butte County,in fee simple, 30 feet of right-of-way from the centerline of Arbol Avenue along the entire parcel frontage. The right-of-way shall be sufficient for the installation of standard No. S-5 at all street intersections. 5. Submit road and drainage improvement.plans for the installation and construction of the street frontage improvements on Arbol Avenue to RS -2A 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. Obtain encroachment permit from Caltrans and construct Olive Highway to minimum RS -2A standard. Submit plans to DPW and Caltrans for review and approval prior to constructiom 6. Dedicate a one foot "no access strip" or relinquish abutters rights to Butte County, along the Arbol Avenue frontage of parcel, except at approved access points. Building Division 7. Prior to building permit issuance for a new commercial or industrial development, or addition to an existing development, the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application: Such fees shall include, but x BUTTE COUNTY PLANNING CObWSSION AGENDA REPORT■ ■ August 11, 2005 ■ Robert and Lisa Wubbolding, Agenda Report UP 04N-26 n Page 6 of 9 e f 5. 1-$538-6881 BILL CONNELe $,-I 1W5 Planning Commission may extend any time limitation previously Diad,: a p condition to a Use Permit. PAGE 07 The terms and conditions of this Permit shall run with the land and shall be bindinguWa and be to the benefit of the heirs, legal representatives, successors, and assigns of the P<e. 6. Neither the applicant, nor any agent nor representative of the applicant shall intentionaDy omit or misrepresent any material fact in connection with the application. Any ali*ad material misrepresentation shall constitute grounds for the Director ofDevelopment Serines to commence a revocation hearing, and, if proven to exist, shall constitute sufficient gm to revoke a Permit. Condidons of Approval: Planning Division• 1. Applicant must comply with all other applicable State and local statutes, ordinances. -and regulations. ' 2. All outstanding application processing fees shall be paid prior to issuance t. �ce of the Use Permi �( Public Works Q04 3if V'- � uU- Qty — � -�'�'''T 3.3. Obtain an encroach permit for all new or existing driveway approaches and construct them to County standards, as specified in the County Improvement Standards. Establish entrance only (no exit) on Olive Highway. Close in gresslegress near intersection of Arbol Avenue and Olive Highway for Safety.. 4 Deed to Butte County,in fee simple, 30 feet of right-of-way from the centerline of Arbol Avenue along the entire parcel frontage. The right-of-way shall be sufficient for the installation of standard No. S-5 at all street intersections. 5. Submit road and drainage improvement.plans for the installation and construction of the street frontage improvements on Arbol Avenue to RS -2A 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. Obtain encroachment permit from Caltrans and construct Olive Highway to minimum RS -2A standard. Submit plans to DPW and Caltrans for review and approval prior to constructiom 6. Dedicate a one foot "no access strip" or relinquish abutters rights to Butte County, along the Arbol Avenue frontage of parcel, except at approved access points. Building Division 7. Prior to building permit issuance for a new commercial or industrial development, or addition to an existing development, the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application: Such fees shall include, but x BUTTE COUNTY PLANNING CObWSSION AGENDA REPORT■ ■ August 11, 2005 ■ Robert and Lisa Wubbolding, Agenda Report UP 04N-26 n Page 6 of 9 e 08/10/2005 14:35 1-5538=6881 BILL COMM* PAGE 08 8. be limited to: School Fee, �rainage Fee),Permit and Plan Checking Fees)Water and Sewer Service Fees, and Fire ProtecttonFees. 4 Comply with the Uniform Building Code for property line cleamces considering use, area and Fire -resistiveness of existing buildings. 9. Existing building(s) shall be made to comply with current Building and zoning regulations for the intended new use of the building(s) or the existing building(s) shall be demolished. -county Counsel to. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to defend, indemnify and hold the County of Butte harmless fr m 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 imposed upon the gmauting of this use permit, and that I agree to abide fully by said conditions. Date: Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtainuing Building and Health Department permits before starting construction, nor does it waive any other requirements. Butte County Planning Commission Chairman cc: Building Division Environmental Health Division Public Works - Land Development DiAsion Fire Department/CDF Butte County Assessor's Office ■ BUTTE COUNTY PLAJV4N'M ODb00.50M ACE5ah d s ■ August 11, 2005 ■ Robert and Lisa Wvbboidim AgOD&Rr.�rx ��; s - a19 0 art''' OF r� �'::�.�►,� .�iwl► .=: -i nn W., W—v AN �,•. �.±( ��,r► 1 Al / '7i w j, + - • • ��►�� . � �; �� fir . � nil .?4' b: \`*'#��,►j %:11ItAlk _ �~ Ali �:� +��;r.Ha 08/10/2005 14:35 1-E*538-6881 BILL CONINELIO PAGE 10 e S� Age t ■ BUTTE COUNTY PLANNING COMMISSION AG MIA REPORT• ■ Aupa 11, 2005 Robert and Lisa Wubbolding, Agenda Report UP 04N-26 ■ Page 9 of 9 ■ i W. W ^�:. :;... i .. ��� .. /rte '� .. •':. ; u, 1 11 . � sr j,{.� I .. •r..i 08/10/2005 14:33 1-* 538-6881, `BILL C.ONNELO PAGE 01 Y,y Sri.; . . .,..�+.J •.; rx,, ti!+.; •..�. is •tiiia�s,'s�. " •''Q !i '!1 :, •'ham-:.� �; `..'',r•:yx ter•_ �,i R�• • ' :fit i y •{•} ! $:k , '•i},��� • � 'ms's. 1, •nj���y},�P �'' t' Y�Q,���� .. � .Y.. �'f��'y.1i •moi �Y �. :..;fir.; r,r�:• ' t ik:lti<; To Whom It May Concern: • Robert and Lisa Wubbolding 84 Jim's Bar Road Oroville, CA 95966 August 15, 2005 It seems that we are getting off on the wrong foot. If I did everything that was asked of me in the agenda report, I would have to move or close my business. The ingress/ egress on the corner of Olive and Arbol is a main artery for my business. It is not possible for me to close it at this time. If I give up a 30' right of way and a one foot no access strip it would end up being about 8' from my front door. I might as well close it off too. This makes it hard to stay in business. This is not counting any curbs, etc. (see photo). I believe 3690 Olive Highway could be a much more desirable place for everyone. Here is my proposal. If we can agree to allow me to operate under current conditions for the next five years, during this time I will show a significant effort toward development of my new plan (see future plot plan). If more time is needed, for instance, one or two years, we can evaluate my significant effort at that time. I believe this could be a win-win for every one. There have been use permits on 3690 Olive Hwy in 1976 and 1984.1 Before that, it was a store and before that a Honda Shop. To the best of my knowledge, there have been no modifications prior to the last use permit, with the exception of three windows that I had replaced, and they were done with a permit. If given la chance, I will be able to rebuild my building up to current standards with a much largerl setback from Olive and Arbol. We then will be able to work together on the needs of Olive and Arbol. As progress moves forward, if we work together, the community and surrounding areas will benefit from a much nicer facility. Please keep in mind that it is me flipping the bill and doing all the work, as well as giving up land (right of way, etc.) all for, a use permit that was given freely to my predecessors before me. BUTTE Robert and Lisa Wubbolding COUNTY 5.33 -:53 1X/ AUG 15 2005 DEVELOPMENT SERVICES • 50� l P WO►J�GDuf rcSS ���\ �Sµ�►c�lE9 J � T\ g 00 . R`'`VSs � �cd Durling, Carl `w� From: Wannenmacher, Felix Sent: Tuesday, May 24, 2005 4:49 PM To: Durling, Carl; 'Stephen A. Streeter' Cc: Miller, Gloria Subject: Wubbolding Agenda Report Revised (UP 04N-26) " Hi Carl and Stephen, have reviewed the revised report. It is better. There are two things you should still do. /First, support the three findings in Action II A, B, and C. ✓ YOU should indicate how many limousines there will be and how big the real estate operation will be. .� � From that, you can infer the impact, etc., on surrounding uses. _-..y. Cond 1, delete "also". ®CYou are then ready to go. Perhaps you can put it on for June 23. 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. 1 _- ,ice" iA�+o•� c-: '� �. . ..... EU tte county L A N D O F N A T U R A L W E A L T H A N D B E A U T Y PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 BUTTE COUNTY PLANNING COMMISSION AGENDA AUGUST 11, 2005 TIME: 9:00 a.m. PLACE: Butte County Board of Supervisor's Room 25 County Center Drive Oroville, CA 95965 I. PLEDGE OF ALLEGIANCE II. ROLL CALL - Commissioners Leland, Lambert, Nelson, Wilson, and Chairman Marin III. ACCEPTANCE OF AGENDA - Commission members and staff may request additions, deletions, or changes in the Agenda order. IV. BUSINESS FROM THE FLOOR ON ITEMS NOT ALREADY ON THE AGENDA (Presentations will be limited to five minutes. The Planning Commission is prohibited by State Law from taking action on any item presented if it is not listed on the Agenda) V. PUBLIC HEARINGS The Chair will call for staff comments. The hearing will be opened to the public for proponents, opponents, comments, and rebuttals. The hearing will be closed to the public and discussion confined to the Commission. The Commission will then make a motion and vote on the item. It is requested that public initiated presentations be limited to a maximum of 5 minutes so that all interested parties will have an opportunity to address the Commission. Following your presentation, please print your name and address on the speakers sheet so that the record will be accurate. The recommendation of County staff is indicated below. It is only a recommendation and has not yet been considered by the Planning Commission. Copies of the Staff Report are available at the Planning Division Office A. UP 04N-26 - staff recommends approval Robert and Lisa Wubbolding, Use Permit to change from an appliance store, pest control business, computer business, and vehicle storage, to a real estate office and a limousine service business in the H -C (Highway Commercial) zone. The property is ■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA ■ JULY 28, 2005, ■ PAGE 1 ■ located at the southwest corner of Olive Highway (State Route 162) and Arbol Avenue, at 3690 Olive Highway, Oroville. APN 068-210-094 (CD) (UP 04N-26) There is a 10 -day appeal period on all decisions with the Clerk of the Board B. TPM 05-10 - staff recommends approval Philip and JoAnn Nelson, Tentative Parcel Map to divide a 10.22 -acre parcel into two 5.11 acre parcels on property zoned AR -5 (Agricultural Residential — 5 -acre minimum). The property is located on the northeast corner of Alice Avenue and Melvina Avenue, Palermo. APN 027-310-004 (MM) (TPM 05-10) There is a 10 -day appeal period on all decisions with the Clerk of the Board C. TPM 05-07 — staff recommends approval Hammett & Held Associates, Tentative Parcel Map to divide a 20.0 +/- acre parcel into four parcels (1.01 acres, 101 acres, 1.5 acres, and 16.06 acres) on property zoned AR -1 (Agricultural Residential —1 acre parcels). The property is located on the west side of Highway 70 across from Oakwood Lane, south of Oroville. APN 025-230- 103 (MM) (TPM 05-07) There is a 10 -day appeal period on all decisions with the Clerk of the Board D. UP 05-13 — staff recommends approval Bruce and Rose Mary Burke, Use Permit to allow for the expansion of a pre- existing nonconforming use to enlarge by replacement a cabin and related structures from 1,045 square feet to 1,398 square feet on property zoned "U" (Unclassified). The property is located in the Butte Meadows area on Jones Creek Road, approximately 500 feet from the intersection of Jones Creek Road and Humboldt Road, Chico. APN 060-250-003 (DB) (UP 05-13) There is a 10 -day appeal period on all decisions with the Clerk of the Board E. TPM 04N-29 — staff recommends approval Ken and Mary Brown, Tentative Parcel Map to divide a 2.3 -acre parcel into two parcels of 1.03 and 1.3 acres. Sanitary sewer service to the property is available through a recorded "Sewer Service and Annexation Agreement" with the City of Chico. Water service would be provided by the California Water Service Company. Access for the additional parcel is proposed by Via Morro Court. The property is zoned A -R (Agricultural Residential) and is located on the north side of Via Morro Court, at the intersection of Chico Canyon road and Via Morro Court, at 116 Via Morro Court, Chico. APN 011-020-083, (DB) (TPM 04N-29) There is a 10 -day appeal period on all decisions with the Clerk of the Board ■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA ■ JULY 28, 2005, ■ PAGE 2 ■ VI. GENERAL BUSINESS - This section of the agenda is to be utilized by the Planning Commission and Director of Development Services on items of interest, general discussion, or items for which staff has been directed to do research and bring back to the Commission. Items A, 6, & C may not always be addressed at every hearing, but will always be listed as part of the agenda. A. Directors' Report B. General Plan/Zoning Ordinance Update C. Legislative Case Law update D. Planning Commission Concerns VII. MINUTES — July 14, 2005, and July 28, 2005 VIII. COMMUNICATIONS - Communications received and referred. (Copies of all communications are available in the Planning Division Office.) IX. ADJOURNMENT J: I WPDOCSIPLANNINGIAGENDASIPCA0526.05.doc ■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA ■ JULY 28, 2005, ■ PAGE 3 ■ C� Robert and Lisa Wubbolding 841 i m's Bar .Road Oroville, CA 95966 Carl Durling/ Board of Supervisors To whom it may concern: This is in regards to the public hearing dated August 11, 2005 for, the use permit request for 3690 Olive Highway. We were advised to request a postponement of the public hearing to do further research. We ask that .you grant us this request for postponement. Thank you. Sincerely, Robert and Lisa Wubbolding 7nn17AA5 flirt Q(PI.'lYA\df111.1 vi KIII UT7. 9N OSS YM Rq:fi SA 9007./01/90 —T------1 - i- — Lic). LM (00. .:...9.D. 'T'A 15 A -c c TO giF BUTTE - COUNTY IAU 10 2005 EVELOPMENT SERVFCES t'F V4 0 10 1 r4 Od -rlo r) AI50), A4/P, ACL -0-55 a BUTTE COUNTY JUN ® h 2004 DEVELOPMENT SERVICES REVISED *J Butte County Department ofDevelopment Services Paul McIntosh, Interim Director www.buttecounty.netldds 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION ` BUILDING " PLANNING September 12, 2005 Robert. and Lisa Wubbolding 84 Jim's Bar Road Oroville, CA 95966 Re: UP 04N-26, AP: 068-210-094 Dear Robert and Lisa Wubbolding: At the regular meeting of the Butte County Planning Commission held September 8, 2005, the public hearing was continued to'October 13,--2005at 9:00 a.m. to consider your application for a Use Permit to establish a commercial use (Real Estate office and Limosine Service) in the H -C (Highway Commercial) zone. The property is located on the southwest corner of State Highway 162 (Olive Highway) and Arbol Avenue, Oroville. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville.- California. roville;California. Should you have any questions regarding this matter, please contact Carl Durling at 538-7150 between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Sherry L. Viemes Office Specialist, Senior /slv Oletters\merge letters\CONTINUE.dot ...FILE DOPY Butte County Department ofDevelopment Services Paul McIntosh, Interim Director www.buttecounty.netldds 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING ' PLANNING September- 8, 2005 Robert and Lisa Wubbolding 84 Jim's Bar Road Oroville, CA 95966 Re: UP 04N-26, AP: 068-210-094 Dear Robert and Lisa Wubbolding: At the regular meeting of the Butte County Planning Commission held September 8, 2005, the public hearing was continued to October 10, 2005 at 9:00 a.m. to consider your application for a Use Permit to establish a commercial use (Real Estate office and Limosine Service) in the H -C (Highway Commercial) zone. The property is located on the southwest corner of State Highway 162 (Olive Highway) and Arbol Avenue, Oroville. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. Should you have any questions'regarding this matter, please contact Carl Durling at 538-7150 between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Sherry L. Vi'6mes Office Specialist, Senior /slv kAletters\merge letters\CONTINUB.dot Butte County Department ofDevelopnent Services PLANNING DIVISION 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING ' PLANNING August 11, 2005 Robert and Lisa Wubbolding 84 Jini s Bar Road Oroville, CA 9.5966 Re: UP 04N-26, AP: 068-210-094 Dear Mr. & Mrs. Wubbolding: At the regular meeting of the Butte County Planning Commission held August 11, 2005, the public hearing was continued ' to September 8, 2005 at 9:00 a.m. to consider your application for a Use Permit to establish a commercial use (Real Estate office and Limosine Service) in the H-C'(Highway Commercial) zone. The property is located on the southwest corner of State Highway 162 (Olive Highway) and Arbol Avenue, Oroville. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. Should you have any questions regarding this matter, please contact Carl Durling at 538-7150 between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, n� U Sherry Viernes Office Specialist Senior Ar cc: kAletters\meroe letters\CONTIIdUE.dot Robert and Lisa Wubbolding 841 i m's Bar .Road Oroville, CA 95966 Carl Durling/ Board of Supervisors To whom it may concern: This is in regards to the public hearing dated August 11, 2005 for the use permit request foc 3690 Olive Highway. We were advised to request a postponement of the public hearing to do further research. We ask that you grant us this request for postponement. Thank you. Sincerely, Robert and Lisa Wubboldinb 900iaooOKII saUxd Ad )n NIN 9812 US US XV9 89:6. M S00ai01/80 r Fax Cover Sheet Mountain Lake Properties 3690 Olive Hwy. Oroville, CA 95966 Phone: (530) 533-5343 Fax: (530) 533-2x86 To: From: Fax #: 55 S'; -t # of Pages: ".2. Date: Date: 1.., ;� �.�, Time: Z00/100 Nil SEHAN )n NIW 98TZ ££S H9 XV9 89:6 QUI SOOZ/01/80 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 29, 2005 Robert and Lisa Wubbolding 84 Jim's Bar Road Oroville, CA 95966 Re: UP 04N-26, AP: 068-210-094 Dear Mr. and Mrs. Wubbolding: Enclosed is a copy of the Agenda Report concerning your application for a Use Permit to establish a commercial use (Real Estate office and Limosine Service) in the H -C (Highway Commercial) zone on property zoned H -C (Highway Commercial) and located on the southwest corner of State Highway 162 (Olive Highway) and, Arbol Avenue, Oroville. 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 August 11, 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 Carl Durling of this office at 538- 7150, between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Commission Clerk Enc. cc: Environmental Health Land Development K:\letters\merge letters\SCHEDULE.dot BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT — August 11, 2005 Applicant: Robert and Lisa Wubbolding Supervisor 1 District: File #: UP 04N-26 Request: This is a Use Permit request to Location: At the southwest corner of change from an appliance store, Olive Highway (State Route pest control business, computer 162) and Arbol Avenue, at business, and vehicle storage, to a 3690 Olive Highway. Real Estate office and a Limousine Service business in the HC zone. G.P.: Low Density Residential Attachments: Zoning: HC (Highway Commercial) A: General Plan/Zoning Map Zoning Date of November 7, 1967 APN:. 068-210-094 B: Aerial Photograph Parcel Size: 1.00 acre C: Site Plan P lanner: Carl Durling Associate Planner EXECUTIVE SUMMARY This is a Use Permit request to change from an appliance store, pest control business, computer business, and vehicle storage, to a Real Estate office and a Limousine Service business. The property is designated Low Density Residential in the Butte County Land Use General Plan, and is zoned HC (Highway Commercial). The proposed uses are permitted in the HC zone by Use Permit. The property is located at the southwest corner of Olive Highway (State Route 162) and Arbol. Avenue, at 3690 Olive Highway. The existing building has not been modified except for interior remodeling. Use Permits have been issued in 1976 and 1984 for various commercial uses. The staff recommends that Planning Commission approve the Use Permit for Robert and Lisa Wubbolding, subject to the findings and conditions contained herein. PROJECT DESCRIPTION/SITE CHARACTERISTICS: • The property is an approximate one acre, southwest corner lot, at the intersection of Olive Highway (State Route 162) and Arbol Avenue. There are no street improvements, curb, gutter or sidewalk, on either side of Arbol Avenue and Olive Highway. ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■ August 11, 2005 ■ Robert and Lisa Wubbolding, Agenda Report UP 04N-26 ■ Page 1 of 9 ■ • 0 • Ingress is provided off of Olive Highway and Arbol Avenue, but egress is only allowed onto Arbol Avenue. One of the two ingress/egress points on Arbol Avenue is required to be eliminated (Public Works Condition #3) because it is to close to Olive Highway. • The property slopes up from Olive Highway. The Arbol Avenue frontage is at grade. • The property is paved from the Olive Highway entry way to Arbol Avenue and all sides of the building. The westerly seventy-five feet is light gravel and dirt, and is a buffer for the adjoining residential property. • An existing well and septic system serve the uses on the property. • The building is approximately 2,400 square feet in size. • Surrounding properties are developed with large lot residential uses to the north across Olive Highway, adjacent on the west and south, and residential uses across Arbol Avenue to the east. The existing building and use is on a large corner lot. Primary activities of the proposed uses face Olive Highway which mitigates impacts on residential uses. • The site is level and has no significant topographic features or water courses on it. • Vegetation consists of a few ornamental trees and bushes. ANALYSIS Land Use and Zoning • The 1971 General Land Use Map designated the area as Medium Density Residential. • The 1979 General Plan Land Use Element designates the area as Low Density Residential. • The HC (Highway Commercial) zone was established on November 7, 1967, by Ordinance 912, prior to the adoption of the 1971 General Plan. Residential uses, and Commercial uses allowed in the C-1 zone, were permitted with the approval of a Use Permit under this ordinance. • The current HC zone was readopted by Ordinance 3176 on January 24, 1995. Single Family residential dwellings, and their accessory uses, are now the only permitted uses in this zone. Most C-1 type commercial uses, including the proposed uses, are permitted with the approval of a Use Permit, or Minor Use Permit, under the current ordinance. • A Use Permit (UP 76-72) was approved on June 10, 1976, to allow a bait and tackle shop and. a retail market in an existing building, and boat storage on the property. • A second Use Permit (UP 84-38) was approved on April 5, 1984, for a grocery store. • The previous owners where cited for the storage of "junk" on the property. The current owner/applicant has removed all junk, and the property is in a well-maintained state. • The Building Division of Development Services, and the Public Works Department, has .submitted their conditions of approval. These conditions are listed below. The Building Department notes that the existing building is nonconforming and must be brought up to ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■ August 11, 2005 ■ Robert and Lisa Wubbolding, Agenda Report UP 04N-26 ■ Page 2 of 9 ■ code. • The proposed uses, a 9 desk Real Estate office and a 6 vehicle Limousine Service business, are substantially less intense than the uses permitted by the previous Use Permits (a bait and tackle shop and a retail market), and therefore represent a reduction in site and area impacts. • The proposed uses are consistent with uses allowed in the HC zone by Use Permit such as retail stores, professional and business offices. CEQA ISSUES /ENVIRONMENTAL DOCUMENTATION: This application for a Use Permit to allow the change of use in the HC (Highway Commercial) zone is determined to be Categorically Exempt from environmental review under Section 15303(c), which states that the California Environmental Quality Act exempts the conversion of existing small structures from one use to another for a store of less than 2,500 square feet. ACTION FOR CONSIDERATION: Staff recommends that the Planning Commission take the following actions: I. Find that this prof ect is exempt from the provisions of the California Environmental Quality Act under Section 15303(c), which states that the California Environmental Quality Act exempts the conversion of existing small structures from one use to another for a store of less than 2,500 square feet. The payment of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is not required. II. Approve Use Permit UP 04N-26 for Robert and Lisa Wubbolding for a Real Estate and Limousine Service business in the HC zone, on APN 068-210-094, based on the following findings and the conditions found in Exhibit "A": A. 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 in that the Highway Commercial zone permits the use by Use Permit, and the HC zone was established in 1967 prior to the Medium Density Residential General Plan designation established in 1971 which previously permitted commercial uses. B. The location, size, design, and operating characteristics of the proposed uses will not conflict with, and will not adversely affect, or be materially detrimental to adjacent permitted and conditionally permitted uses, residents, buildings, structures, or natural resources in that the proposed uses are less intrusive to the nearby residential uses than the prior appliance store, pest control business, computer business, and vehiclae storage uses. ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■ August 11, 2005 ■ Robert and Lisa Wubbolding, Agenda Report UP 04N-26 ■ Page 3 of 9 ■ C. The proposed location, size, and design of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public health, _ safety, or welfare, or materially injurious to properties or improvements in the vicinity in that proposed uses are less intrusive to the nearby residential uses than the previous commercial uses, i.e. an appliance store, a pest control business, a computer business, and vehicle storage. 0 ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■ August 11, 2005 ■ Robert and Lisa Wubbolding, Agenda Report UP 04N-26 a Page 4 of 9 ■ EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP 04N-26 PERMIT NO. 068-210-094 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Robert and Lisa Wubbolding are hereby granted a Use Permit for a Real Estate and Limousine Service business in the Highway Commercial zone on APN 068-210-094, at 3690 Olive Highway (State Route 162). Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this Use Permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this, permit must be established within two years of the date of approval. 3. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be. major or significant in nature shall require a formal application for amendment. 4. If any use for which a Use Permit has been granted is not established within two years of the receipt of the Permit by the Permittee, the Permit shall become null and void and reapplication pursuant to Section 24-45 (of the Zoning Code) shall be required to establish the use previously granted under the expired Permit unless, 30 days prior to the expiration date, a request for a one year extension is submitted to the Planning Commission together with sufficient evidence that the time limits for processing development permits under federal or state regulations require time limits which exceed one year. Upon application, and for good cause by the Permittee, at a public hearing pursuant to Section 24-45.25 above, the r BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■ August 11, 2005 ■ Robert and Lisa Wubbolding, Agenda Report UP 04N-26 ■ Page 5 of 9 ■ 0 Planning Commission may extend any time limitation previously made a part of any condition to a Use Permit. 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. a 6. Neither the applicant, nor any agent nor representative of the applicant shall intentionally omit or misrepresent any material, fact in connection with the application. Any alleged material misrepresentation shall constitute grounds for the Director of Development Services to commence a revocation hearing, and, if proven to exist, shall constitute sufficient grounds to revoke a Permit. Conditions of Approval: Planning Division: 1. Applicant must comply with all other applicable State and local statutes, ordinances, and regulations. 2. All outstanding application processing fees shall be paid prior to issuance of the Use Permit.. Public Works 3. Obtain an encroach permit for all new or existing driveway approaches and construct them to County standards, as specified in the County Improvement Standards. Establish entrance only (no exit) on Olive Highway. Close ingress/egress near intersection of Arbol Avenue and Olive Highway for Safety. 4. Deed to Butte County, in fee simple, 30 feet' of right-of-way from the centerline of Arbol Avenue along the entire parcel frontage. The right-of-way shall be sufficient for , the installation of standard No. S-5 at all street intersections. Submit road and drainage improvement plans for the installation and construction of the street frontage improvements on Arbol Avenue to RS -2A 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. Obtain encroachment permit from Caltrans and construct Olive Highway to minimum RS -2A standard. Submit plans to DPW and Caltrans for review and approval prior to construction. 6. Dedicate a one foot "no access strip" or relinquish abutters rights to Butte County, along the Arbol Avenue frontage of parcel, except at approved access points. Building Division 7. Prior to building permit issuance for a new commercial or industrial development, or addition to an existing development, the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees shall include, but ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■ August 11, 2005 ■ Robert and Lisa Wubbolding, Agenda Report UP 04N-26 ■ Page 6 of 9 ■ • • not be limited to: School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. Comply with the Uniform Building Code for property line clearances considering use, area and fire -resistiveness of existing buildings. 9. Existing building(s) shall be made to comply with current Building and zoning regulations for the intended new use of the building(s) or the existing building(s) shall be demolished. County Counsel 10. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to defend, indemnify and hold the County of Butte harmless from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not. appealed, this condition is deemed satisfied. I hereby declare under penalty of perjury that I have read the foregoing conditions that they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Date: Applicant , NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Butte County Planning Commission Chairman cc: Building Division Environmental Health Division Public Works - Land Development Division Fire Department/CDF Butte County Assessor's Office ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■ August 11, 2005 ■ Robert and Lisa Wubbolding, Agenda Report UP 04N-26 ■ Page 7 of 9 ■ ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■ August 11, 2005 ■ Robert and Lisa Wubbolding, Agenda Report UP 04N-26 ■ Page 8 of 9 ■ • I 'Plof a/an Owner R. IJALIJO, 5/A5/260� Ap# a�8-zJt lil�� O �o vo ao ...00 I— 4D' THIS—..1.7.r r3 ro re Re me✓Ed, DUTTE Mm. IM, 10 2005 EVELOP'nua Z.RvirrS FF Arod/ P crTia l A, 60t. AVLi ACK-6-5S -vrte cW n. Jill? - • Ml UE�'ELOPairr+l Q MMI MWISIND I 00 00 Mail ON m IF40411ig 116da `1i�,'1'�7alEittllil�;��`` ,: �� � �1•;dlttltitilD fA .w - :ZF 1 11001 �N ■o■ .. . e� , .. i off:► �;�.+,G�i ��` �o�;�, /��� �.� .. ,�l✓o�I��/yep. �, �� 'I� lel A���/.,+'�� f,►, Iii ��' � , y3U 4bb m NI67 FL%±16 e 11 r�T Owner Owner—add Citystzip ANK BENJAMIN F JR 325 CANYON DRIVE OROVILLE, CA 95966 BERGMAN BRUCE L & DESIRE L 81 ARBOL AVE OROVILLE CA 95966 BERGMAN DESIRE LYNN 89 ARBOL AVE OROVILLE CA 95965 BERTALON CHARLES A & WENDY B 3101 MILL CREEK RD HEALDSBURG CA 95448 BOWKER JEAN A FAMILY TRUST 79 ARBOL AVE OROVILLE CA 95966 COPP DWAYNE & ANTOINETTE 3735 HILDALE AVE OROVILLE CA 95966 GREENWOOD STEPHEN E 83 ARBOL AVE OROVILLE CA 95966 HANSEN LLOYD O & MikXINE B. 21 BUEHLER AVENUE OROVILLE CA 95966 HEIDEL SEL 45 ARBOL AVE OROVILLE CA 95966 HUDSON LAWRENCE H & CARRIE M 88 ARBOL AVE OROVILLE CA 95966 LOVE DANIEL JOSEPH & SHERI LYNE 7.3 ARBOL AVE OROVILLE CA 95966 MARTIN JOHN D & VICTORIA LYNN 1414 ORO DAM WEST OROVILLE CA 95965 MARTIN JOHN D & VICTORIA LYNN 18 SORREL CT OROVILLE CA 95966 MYERS RAND A 26 LITTLE TIGER TRL OROVILLE CA 95966 RALSTON YVONNE M LIVING TRUST 19 LITTLE TIGERS TRAIL OROVILLE CA 95966 SAWYER GARLAND H & MARTHA JANE 54 ARBOL AVE OROVILLE CA 95966 SCHULZ TIMOTHY ROBERT 58 ARBOL AVE OROVILLE CA 95966 STAFFORD BRENT A & KERRI K 76 ARBOL AVE OROVILLE CA 95966 STOWELL JOHN EDWARD & NANCY MARIE FAM TR. P O BOX 1675 OROVILLE CA 95965 STRISOWER SUZANNE P O BOX 559 OROVILLE CA 95965 WATKINS GARY EDWARD 3720 OLIVE HWY OROVILLE CA 95966 WATKINS GARY EDWARD 3718 OLIVE HWY OROVILLE CA 95966 WUBBOLDING ROBERT & LISA TRUST 84 JIMS BAR RD OROVILLE CA 95966 .0 0 • BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that a public hearing will be held on Thursday, August 11, 2005, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item: ITEM DETERMINED TO BE CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW 9:00 a.m. - Robert and Lisa Wubbolding, Use Permit to change from an appliance store, pest control business, computer business, and vehicle storage, to a real estate office and a limousine service business in the H -C (Highway Commercial) zone. The property is located at the southwest corner of Olive Highway (State Route 162) and Arbol Avenue, at 3690 Olive Highway, Oroville. APN 068-210-094 (CD) (UP 04N-26) The above mentioned application and map are on file and available for public viewing at the office of the Butte County Development Services Department,'Planning Division, 7 County Center Drive, Oroville, California. For information call: Carl Durling, (530) 538-7150 (Monday through Friday, 8:00 a.m. to 4:00 p.m.) Comments may be submitted in writing at any time prior to the hearing or orally at the meeting listed above or as may be continued to a later date. Upon action taken by the Planning Commission on the project an appeal may be filed with the Clerk of the Board of Supervisors. The appeal period is 10 days. If you challenge the above application 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 Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION PAUL MCINTOSH, INTERIM DEVELOPMENT SERVICES DIRECTOR To be published in the Oroville Mercury on Thursday, July 28, 2005. 41 _ A, BUTTE COUNTY ORDINANCE NO. 912 r AN ORDINANCE AMENDING AND CONSOLIDATING ORDI- NANCE NO. 589 OF TIIE COUNTY OF BUTTE, STATE OF CtrL.IFORNIA AND REPEALING ORDINANCE Nos. 653, 683 and 795 OF SAID COUNTY. The Board of Supervisors of the County of Butte, State of California, DO ORDAIN as follows: That Butte County Ordinance No. 589 is hereby amended in the following respects and particulars: SECTION 1. The hereinbelow described area, situate in the County of Butte, State of California, shall be and it is hereby zoned as an "A -R" (Agricultural -Residential) District, and such area shall be subjtz: to the restrictions, restricted uses and regulations hereinafter pecified and provided. The area so zoned (herein- after referred to as District) is described as follows: Sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 16, 21, 22, 23, 24 and the north half of Sections 25, 26, 27 and 28, all in Township 19 North, Range 4 East, M. D. B. & M., in the County of Butte, State of California. SECTION 2. Subject only to the exceptions provided in Section 3, the Dis- trict in its entirety shall be subject to the following restrictions, restricted uses and regulations: 2.1 USES PERMITTED: a. One (1) family dwellings, not including tents or trailers; b. Accessory buildings pertinent to the permitted uses; 2 c. Agricultural uses, and d. Livestock, subject to requirements as follows: (1) Minimum lot area to be devoted to residential use shall be not less than eight thousand, one hundred twenty-five (8,125) square feet; (2) Exclusive of the area devoted to the residential use, the following lot or parcel areas shall be re- quired for each animal raised or kept on the pre- mises: (a) For each horse or head of cattle over one (1) year of age: eight thousand, one hundred twenty-five (8,125) square feet; (b) For each head of swine over ten (10) weeks .1 -7i 3-- 0 . 0 of age: eight thousand, one hundred twenty- five (8,125) square feet. (c) For each head of sheep or goats: Two thousand (2,000) square feet. 2.2 The following uses subject to securing a use permit in each case: a. Duplex dwellings and multiple family dwellings; b. Golf courses, country club, if permitted, would permit accessory uses such as driving range, pro shop, cock- tail bar, restaurant. c. Public and quasi public uses including churches, fire- houses, hospitals, parks and playgrounds, schools and public utility buildings; d. Commercial poultry farming and livestock farming; e. Veterinary clinics, out-patient; and f. Nurseries and plant gardens. 2.3 Minimum building area required: Eight thousand, one hun- dred twenty-five (8,125) square feet. 2.4 Minimum building site width required: Sixty-five (65) feet. 2.5 Minimum front yard required: Fifty (50) feet from the cen- terline of the road. 2.6 Minimum side yard requirement: Five (5) feet. SECTION 3. In addition to the uses permitted and authorized under Section 2, and solely within those portions of the District hereinafter specified, "H -C" (Highway Commercial) uses may be permitted subject to the issuance of a use permit in each case, (Highway Commercial uses being identical with "C-1" or Retail Light Com- mercial uses as described in Ordinance No. 522): 3.1 Land fronting on Oroville-Dam Boulevard East from the Oroville City Limits to Oroville Dam. Said Commercial area shall be developed to proper grade to existing road, and the depth shall not exceed three hundred and fifty (350) feet on each side of the center line of said highway. 3.2 Land fronting on the Olive Highway from the Oroville City Limits to the Oroville-Quincy Road. Said Commercial area shall be developed to proper grade to existing road and the depth shall not exceed three hundred and fifty (350) feet on each side of the center line of said highways. 3.3 Land within a radius of five hundred (500) feet from the intersection of Foothill Boulevard and Mt. Ida Road: and a -2- r__ radius o" Jive hundred (500) feet from the intersection of Mt. Ida Road and the Oroville-Bangor Highway. 3.4 Land within a radius of five hundred (500) feet from the intersection of Lower Wyandotte and Oroville-Bangor Highway. 3.5 Land within a radius of five hundred (500) feet from the intersection of Lower Wyandotte Road and Oroville=Gar- den Ranch Road. 3.6 Assessor Parcel 34-27-68., as shown of record in the of- fice of the Butte County Assessor on the first Monday of March, 1966. 3.7 Assessor Parcel 34-35-11, as shown of record in the of- fice of the Butte County Assessor on the first Monday of March, 1966. Each Commercial use for which a use permit is granted under this Section, shall provide for off-street parking as prescribed by the Planning Commission. SECTION 4. All uses of land within the District not specifically authorized and permitted under Sections 2 and 3 are prohibited. r SECTION 5. , Ordinances Nos. .653, 683 and 795 are hereby repealed. Butte County Ordinance Nos. 653, 683 and 795 affecting the land hereby zoned are, and each of them is hereby repealed, such repeal to take effect on the effective date of this Ordinance. SECTION 6. Penalties for any violation of the zoning hereby imposed within the District, shall be as provided in the Zoning Enabling Ordinance. In compliance with the provisions of the Zoning Enabling Ordi- nance, this Ordinance shall from and after its effective date be- come a supplement to and a part of the Zoning E n a b l i n g Ordi- nance. SECTION 7. This Ordinance shall be, and it is hereby declared to be in full force and effect from and after thirty (30) days after the date of its passage; and before the expiration of fifteen (15) days after its passage, this Ordinance shall be published once with the names of the members voting for and against it, in the Gridley Herald, a newspaper published in the County of Butte, State of -3- California. . PASSED and ADOPTED by the Board of Supervisors of the County of Butte, State of California, this 17th day of January 1967, by the following vote: AYES: Supervisors Dunaway, Maxon, McKillop, Pryde and Chairman Howsden. NOES: None. ABSENT: None. NOT VOTING: None. ARLEY L. HOWSDEN, Chairman of the Board of Supervisors of the County of Butte, State of California. ATTEST: JESSIE ROGERS, County Clerk and ex -officio Clerk of the -Board of Supervisors of the County of Butte. By: Margie Catt, Deputy Clerk. -4- "DRAFT" LEAD IN SHEET FILE NO: up (0 AP# (�Cp a Gci APPLICANT: V--OytxA- Cwv� . L,061 VJ u bb OWNER: SA M 6 REPRESENTATIVE- PROPOSED REQUEST: (to be filled out by person taking in application) �k- W bvS,yie c_e. 6 1 •P -7c, -7A' 41-- A ha, k rn - , ( Au n n 4-- 0o CA- gkv,0, 4s � 6 X u P 8 L(- 3 k -Ppr a C� «y FINAL REQUEST: (to be fill out by project planner) c,v2&!,nff a vo G t�AA*co Flv`kf Tv rX (� •7,0 SIZE: c�e.Iy /.0 ecce L�CATION: On '� So � /1w e 1 � Co fv ei' f k,C- wu� SUPERVISORIAL DISTRICT # I EXISTING ZONING: 14- G GENERAL PLAN DESIGNATION: L O ASSIGNED PLANNER: PLANNER'S WFIALS Date Application Received io ' q' bq Date Proiect Assigned 6 OB 10 `� t IDR Date 6. a 3 - o 30 Day Complete 4 J-0 I Preset Hearing Date 10, KAPlanning\Forms\Lead In Sheet.doc •!v Gx4- County Offices and Cities: _ Chief Administrative Officer X Environmental Health _ Sheriff X LAFCo _ Biggs _ Oroville Information Systems Dept. X County Counsel Irrigation District: _ Butte Water _OWID — Table Mountain Irrigation Domestic Water _ Butte Water District OWID Sewer _ Butte Water District _ Skansen Subdivision (CSA 21) Fire Protection X California Department of Forestry Recreation Districts _ Chico Area Recreation Paradise Recreation & Park Utilities _ PG&E North - Chico PG&E South - Oroville State Agencies COMMENT DISTRIBUTION LIST X Develop. Services Director X Assesor _ BCAG _ Air Quality Mgmt. _ Gridley _ Paradise Animal Control —Biggs/W. Gridley Water _ Paradise Irrigation Thermalito Irrigation _California Water Service Co. Thermalito IrrigationDistrict _ Themalito Irrigation _ L.O.A. PUD EI Medio Fire Protection District _ Durham Area Recreation Richvale Recreation & Parks _ Chambers Cable TV Viacom Cable TV _ CalTrans (Traffic) _ Dept. of Water Resources _ Forestry (Attn: Craig Carter) _ Dept of Parks and Rec. _ Central Reg. Water Quality Cont. _ Caltrans, Aeronautics Program _ Department of Conservation —Off. of Mining Reclamation Dept.Social Services, Comm.Care Licensing Federal Agencies _ US Forest Service _ US Bureau of Land Management Army Corps of Engineers _ National Marine Fisheries Sservice Other Districts, Agencies, Committees, etc. _ Lime Saddle Dist _ Drainage _ Reclamation _ Butte Co. Mining Committee _Paradise Pines Com. Assoc. _Mosq. Abatement. Oroville/Butte Co _ Community Association _ Butte Env.l Council _ Cal Native Plant Society _ Forest Ranch Community Assoc. _ Butte Ck. Watershed Conservancy X Public Works Director X Building Manager _ ALUC _ Butte Co. Farm Bureau _ Chico Chico Airport Commission X Agricultural Commission _ Durham Irrigation _ Richvale Irrigation _ Other Del Oro Water Co. Other _ Sterling City Sewer Main Feather River Rec. & Park Pacific Bell _ Dept. of Fish and Game _ Highway Patrol Off. of Governmental & Env. Relations US Fish & Wildlife Service School Districts K:\Planning\Forms\DISTR.wpd s Mountain Lake Properties 3690 Olive Hwy Oroville, CA 95966 (530) 533-5343 Fax (530) 533-2186 Carl Durling_ Planning Division 7 County Center Drive Oroville, CA 96965 Dear Mr. Durling; f RECEIVED NOV 2 4 2004 BUTTE COUNTY DEVELOPMENT SERVICES This letter is to inform you of the square footage of this building, at 3690 Olive Highway. My records show this building to be 2112 square feet. Robert Wubbolding 0 Mountain Lake Properties 3690 Olive Hwy Oroville, CA 95966 Carl Durling 7 County Center Drive Oroville, CA 95966 Dear Mr. Durling; ]BUTTE COUNTY ' JUN 2 5 2PO4 DEVELOPMENT SERVICES You had asked us to write a letter to describe the activities at the 3690 Olive Highway address before we bought it. As far as we know there were three businesses operating out of this building; Sam's Appliance, Cannon Pest Control and some computer business whose name I can't recall. I know that at least two. of these businesses were owned by the former owners of the property Bruce and Crystal Johnston. Bruce, at one time, told us that he had 25 employees. Nearby neighbors tell us that he had somewhere close to ten trucks. We think they had been in business here since 1992 or 1993. They must have had a very active business because we get people coming in almost on a daily basis looking for these businesses. Right now, it is myself and on occasions my wife answers the phones. Our plan is to have 3 - 6 people working out of here. The question has been asked a few times, are we living here. No one is living on the property. We try to make it look like it only for security reasons. We have a very nice place 10 miles up the road. We hope we have clarified a few things for you. If you have any more questions, feel free to call us at 533- 5343. Thank you. Sincerely, Robert T. Wubbolding 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 July 2, 2004 Robert & Lisa Wubbolding 84 Jim's Bar Rd. Oroville, CA 95966 Re: Application Complete — Use Permit to change a nonconforming use, APN 068- 210-094, Project # UP 04n-26 Dear Mr. & Mrs. Wubbolding: Pursuant to Section 65943 of California Government Code, Title 7, Division 1, the above referenced project was deemed "complete" on July 2, 2004. On that date, Butte County Departments reviewing your project determined that the information you submitted met their requirements. Environmental review will be conducted within the next 30 days pursuant to the California Environmental Quality Act. Upon conclusion of environmental review, this project will be scheduled for action by the Butte County Planning Commission. You will be notified by mail of the date, time, and location of that meeting. Should you have any further questions regarding this matter, I can be reached between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday, at (530) 538-7150, or via e-mail at cdurling@buttecounty.net. Sincerely, Carl L. Durling Associate Planner 0 Page 1 of 1 Durling, Carl From: Durling, Carl Sent: Thursday, June 17, 2004 2:35 PM To: Baker, Joseph Subject: Wubbolding UP 04n-26 Joe: This is a Use Permit application for a Limousine Service in the HC zone, LDR General Plan. My problem is that the LDR section of the Land Use Element does not allow commercial uses. How can we process this application when it conflicts with the General Plan. Shouldn't we stay consistent with, say for example, the U zone? The U zone allows commercial uses. by Use Permit, but much of the U zone classification is in GOL General Plan areas. Processing this application would, to my view, destroy the integrity of the General Plan. Carl 6/17/2004 Page 1 of 1 Durling, Carl From: Baker, Joseph Sent: Thursday, June 17, 2004 5:09 PM To: Durling, Carl Subject: RE: Wubbolding UP 04n-26 Carl, I drive by this site daily and have noticed that they have changed from some form of a commercial business lately to the limousine service which has a sign currently posted on the site. We need to review this project based upon the zoning, General Plan, and the facts submitted by the applicant. I suspect we need to research the history of the site in the course of processing this application. Then the facts need to be analyzed and reported together with our departmental recommendation to the Planning Commission for their action. Thanks... Joe Joseph W. Baker Planning Manager Butte County Department of Development services (530)538-6572 ,lqseDh.baker@buttecounty.net -----Original Message ----- From: Durling, Carl Sent: Thursday, June 17, 2004 2:35 PM To: Baker, Joseph Subject: Wubbolding UP 04n-26 Joe: This is a Use Permit application for a Limousine Service in the HC zone, LDR General Plan. My problem . is that the LDR section of the Land Use Element does not allow commercial uses. How can we process this application when it conflicts with the General Plan. Shouldn't we stay consistent with, say for example, the U zone? The U zone allows commercial uses by Use Permit, but much of the U zone classification is in GOL General Plan areas. Processing this application would, to my view, destroy the integrity of the General Plan. Carl 6/18/2004 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 June 15, 2004 Robert and Lisa Wubbolding 84 Jim's Bar Road Oroville, CA 95966 Re: Use Permit, UP 04N-26, APN 068-210-094 Dear Mr. and Mrs. Wubbolding: In an effort to keep our customers informed, we are notifying all applicants about the current status of their application and assigned Planner. Your project has been assigned to Carl Durling and he can be reached at 538-7150, between 8:00 a.m. and 4:00 p.m., Monday through Friday. Your project is being reviewed for completeness. Should you have any questions regarding your application, please call the planner listed above. Sincerely, /,- '7�az-,U� Lynn richardson Planning/Administrative Support Service Assistant 13M Name: Robert and Lisa Wubbolding Project: Use Permit (UP 04N-26) Planner: Carl Durling APN: 068-210-094 Location: 3690 Olive Highway, Oroville on the southwest corner of Olive Highway (State Route 162) and Arbol Avenue. Proposal: To change from an appliance store; pest control business, computer business, and vehicle storage, to a real estate office and a limousine service business in the H -C (Highway Commercial) zone at 3690 Olive Highway, Oroville. APN 068-210-094 (CD) (UP 04N-26) "Mr. Durling gave a brief summary and power point presentation. There was a discussion on the different access points. Commissioner Leland said the 5 year extension is good only if there is an enforcement mechanism in place. Mr. Durling said that with a Use Permit you have the revocation process if the'conditions are not met. He said the conditions would be monitored. Commissioner Lambert noted that the Use Permit runs with the land. Mr. Durling said if the business is sold, the new owner would have to comply with the conditions of the Use Permit. He said, if the use changes, they would have to apply for a new Use Permit. The hearing was opened to the public. Mr. Wubbolding said the County is getting 30 feet of his property deeded to them and a one -foot no access strip. He said he wrote a letter asking for a 5 year extension on doing the improvements. Mr. Wannenmacher said he wanted to make sure the applicant had read and understands the conditions because the Use Permit states "unless otherwise provided for in a,special condition to this Use Permit, all conditions must be completed prior to, or concurrently with, the establishment of the granted use. The use must be established in two years." He, said the only condition that has a different date is Condition 5 regarding the installation and construction of street frontage, curb, gutter and sidewalk. He said there is no time stated on Condition 3 relating to obtaining encroachment permits, or obliterating existing encroachments. Mr. Wubbolding said Condition 3 needs to state a time also. He said his plans shown in Attachment B include new driveways, removal of old driveways, the restructuring of one of the established driveways, two new buildings, new parking, and landscaping. Mr. Wannenmacher asked if that meant that Mr. Wubbolding would not want to get encroachment permits until he redesigns the property and is ready to build new buildings and tear down the existing buildings. ' _ Mr. Wubbolding said that is correct. Commissioner Nelson stated that Mr. Wubbolding wants to get a permit to carry on the business while starting the process of building a new building, and once the new building is complete he will move the business in, and all this is timed to happen within five years. ■ BUTTE COUNTY PLANNING COMMISSION MINUTES ■ OCTOBER 13, 2005 ■ PAGE 2 ■ _ Mr. Wubbolding said that is correct. Mr. Wannenmacher said the five year time limit will need to be added to Condition 3. Mr. Edell, Public Works, said the "within five years" could be added at the beginning of Condition 3. He said this would make it clear. - He said Condition 4 and Condition 6 do not require any construction at all, they are a dedication of right-of-way for public purposes and could be done at this time. Mr. Wannenmacher said that Condition 6 talks about giving the one -foot no access strip except at approved access .points. He asked if the two driveways on Arbol are approved access points. Mr. Edell said the two proposed driveways on Arbol are approved access points. He said the two proposed drives would be excepted from the one -foot no access strip. He said the southerly access point does exist and the northerly access does not exist. He said the driveway closest to Olive Highway on the northeast corner would be obliterated and the driveway off of Olive Highway would be obliterated. - Mr.'Hunter believed the intent is to use the current driveway until the new buildings are rebuilt and new driveways constructed. Mr. Durling suggested putting the "within five years" in front of Condition 6 also. Commissioner Leland agreed to put the wording of "within five years of approval of the Use Permit". in front of Conditions 3, 5, and 6. He wanted to discuss the inconsistency between the conditions of the Use Permit and Mr. Wubbolding's letter. He said the last sentence of the letter states "The appropriate departments or Butte County Planning Commission must come to an agreement that my plans are valid and executable prior to me giving up any of my rights." He said the applicant still needs to get building permits, and if there is a problem that hasn't been addressed, he did not want this letter being used by the applicant stating that he gave up his 30 -foot strip, and, therefore, he can do what he wants. He would like to have an understanding with the applicant that the Commission is approving the conditions that are set out in the Use Permit and if there is an inconsistency between the conditions and the letter, these conditions are'what are official. Commissioner Nelson said once the applicant signs the Use Permit, he agrees to the conditions as set forth in that Use Permit. Commissioner Lambert asked if the conditions are extended for five years does the .applicant understand and agree with the conditions. Mr. Wubbolding said "yes." Commissioner Leland said he could not comply with the applicant's statement in his letter of what could happen in the future. He said staff could overlook something, the Commission could overlook something, and if the law says that there is an additional requirement that needs to be complied with, the County has to apply the condition. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ OCTOBER 13, 2005 ■ PAGE 3 ■ Mr. Edell noted that we are not complying with the sentence in the letter that reads "All other conditions must be delayed for a period of not less than five years." He said the letter is a part of Mr. Wubbolding's application and what the applicant wants. He said the applicant is going to get a Use Permit for a use subject to the conditions that the Commission puts on it. He said if the applicant agrees with the conditions, he can have the use. Mr. Wannenmacher said that within five years Mr. Wubbolding may or may not be able to go forward with his plans. He said the applicant's plans are not a part of the conditions. He said the applicant has to be ready in five years to meet the conditions. Commissioner Leland wanted to put in as a condition that these conditions supersede the letter of September 26, 2005: , Commissioner Nelson said the letter has no relevance to the permit. He said the applicant has to sign the permit agreeing to the conditions. Chairman Marin said that the letter is Attachment A to the application stating that the Planning Commission must come to an agreement that his plans are valid and executable prior to him giving up his rights. He said if they put in the wording suggested by Commissioner Leland it will make it clearer. Mr. Wubbolding agreed or said they could throw out the letter. Commissioner Leland suggested the wording "These conditions supersede any conditions found in the letter dated September 26, 2005. Mr. Wubbolding said this was ok, or throw out the letter. Mr. Durling felt the conditions of the Use Permit superseded everything else. The hearing was closed and comments confined to the Commission and staff. It was moved by Commissioner Leland, seconded by Commissioner Lambert, and.unanimously carried to approve the Use Permit for Robert and Lisa Wubbolding, subject to the findings and conditions listed below, adding to the end of Condition 1, "These conditions supersede any conditions found in the letter dated September 26, 2005"; add to the front of Conditions 3, 5, and 6, "Within 5 years of approval of the Use Permit." I. Find that this project is exempt from the provisions of the California Environmental Quality Act under Section 15303(c), which states that the California Environmental Quality Act exempts the conversion of existing small structures from one use to another for a store of less than 2,500 square feet. The payment of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is not required. H. Approve Use Permit UP 04N-26 for Robert and Lisa Wubbolding for a Real -Estate and Limousine Service business in the HC zone, on APN 068-210-094, based on the following findings and the conditions found in Exhibit "A": ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ OCTOBER 13, 2005 ■ PAGE 4 ■ A. 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 in that the Highway Commercial zone permits the use by Use Permit, and the HC zone was established in 1967 prior to the Medium Density Residential General Plan designation established in 1971 which previously permitted commercial uses. B. The location, size, design, and operating characteristics of the proposed uses will not conflict with, and will not adversely affect, or be materially detrimental to adjacent permitted and conditionally permitted uses, residents, buildings, structures, or natural resources in that the proposed uses are less intrusive to the nearby residential uses than the prior appliance store, pest control business, computer business, and vehicle storage. uses. C. The proposed location, size, and design of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity in that proposed uses are less intrusive to the nearby residential uses than the previous commercial uses, i.e. an appliance store, a pest control business, a computer business, and vehicle storage. III. Approve the exception request for Use Permit UP 04N-26 for Robert and Lisa Wubbolding fora Real Estate and Limousine Service business in the HC zone, on APN 068-210-094. Conditions of Approval: Planning Division: 1. Applicant must comply with all other applicable State and local statutes, ordinances, and regulations. These conditions supersede any'condition found in the letter dated September 26, 2005. 2. All outstanding application processing fees shall be paid prior to issuance of the Use Permit. Public Works 3. Within five years of approval of the Use Permit obtain an. encroach permit for all new driveway approaches and construct them to County standards, as specified in the County Improvement Standards. Also, the existing driveways are to be obliterated under encroachment permits issued by CalTrans and Butte County. 4. Upon approval of the Use Permit, deed to Butte County, in fee simple, 30 feet of right-of- way from the centerline of Arbol Avenue along the entire parcel frontage. The right-of-way shall be sufficient for the installation of standard No. S-5 at all streevintersections. 5. Within five years of approval of the Use Permit, submit road and drainage improvement plans for the installation and construction of the street frontage improvements on Arbol Avenue to RS -2A 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 --- .. BUTTE COUNTY PLANNING.COMMISSION ■ MINUTES m. OCTOBER 13, 2005 ■-PAGE 5_■ t install the required improvements. Obtain encroachment permit from CalTrans and construct Olive Highway to minimum RS -2A standard. Submit plans to DPW and CalTrans for review and approval prior to construction. 6. Within five years of approval of the Use Permit dedicate a one foot "no access strip," or relinquish abutter's rights to Butte County,' along the Arbol Avenue frontage of parcel, except at approved access points. Building Division 7. Prior to building permit issuance for a new commercial or industrial development, or addition to an existing development, the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees shall include, but not be limited to: School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. 8. Comply with the Uniform Building Code for property line clearances considering use,.area and fire-resistentness of existing buildings. -- 9. Existing building(s) shall be made to comply with current Building and zoning regulations for the intended new use of the building(s) or the existing building(s) shall be demolished. County Counsel 10. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to defend, indemnify and hold the County of Butte harmless from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form . approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is "deemed satisfied. There is a 10 -day appeal period on all decisions with the Clerk of the Board ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ OCTOBER 13, 2005 ■ PAGE 6 ■ .t ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ OCTOBER 13, 2005 ■ PAGE 6 ■ Robert and Lisa Wubbolding, Use Permit to change from an appliance store, pest control business, computer business, and vehicle storage, to a real estate office and a limousine service business in the H -C (Highway Commercial) zone. The property is located at the southwest corner of Olive Highway (State Route 162) and Arbol Avenue, at 3690 Olive Highway, Oroville.. APN 068-210-094 (CD) (UP 04N-26) Mr. Durling gave a brief summary of the project. He passed out a fax from the applicant asking for a continuance. The hearing was opened to the public. ' Mr. Wubb.olding asked that this be continued to allow him time to check on some of the conditions. It was moved by Commissioner Wilson, seconded by Commissioner Leland, and unanimously carried to continue this hearing open to September 8, 2005. 4 1 ' ■ BUTTE COUNTY PLANNING COMMISSION MINUTES ■ AUGUST 11, 2005 ■ PAGE 2 ■ m m Mi MIS] m I is � RiR0I A= - D WUSW n U � O � KlziQo�� vry �" ti�leullleu�.cq ��- -' -•.� `�oy,F�L(EIE11911g17���� l6e� .ai `IiEl�Ei1711ii� •• sie�l o DreV 111Q e .w - HIM ■■■ 111111 Io11 . o Mill lun w �i to son 10 R A=" 1" - F,I� W)A ��:. .W - n_o I ism BUTTE COUNTY PLANNING COMMISSION _` .a•.�a..+r. �ir.�w.•,....w..+v:wrww�...w� � �A ,,,, ,Mw`��';,� �'j`� Y i Y , •�.`�`�riey.". / }{{` � ' r toy ✓�, y~``''~` �' �•' � � ' .S fti�`". � »•!-'►�����'{'j�_t:�-.��Z;�,:.......1�,.�-�`� j r>, ��}. e � r 'jj, fj 1,t •.:..i t r '�. i / ': . , � . � 1C �,. �""�,,,,r,.,f•.A <' � •1"'-`.Ft„T Y� t �w j)' {� N6 7��� �, `~�" i `1 +. 1`."'-yh�\, _T-+. 41�ai.-.. � *� {ifc�,•'�� �•. � ��"—..,.. 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PLANNING ro PUBLIC WORKS 45, �c s�o(N&j -VOJ600 &M�laray�Ys�o y ENV.IRONMENTAL HEALTH COUNTY COUNSEL AG. �)p BUILDING ASSESSOR FIRE KAIDR AgendasTROJECT COORDINATION FORM.doc 0 '7( PROJECT COORD Date of IDR: b PROJECT NAME: w u IQ b p I [� l % ` PROJECT NUMBER: U P D L�N (� DEPT. COMMENTS READY FOR HEARING? PLANNING t 6 - (s no ON Ly "WE0 - 6ve- 'T. 5, ,2 txcv `PMJ-Ctirc; P.uuAfc� mm 0565 - P. W. A- ENV. HEALTH tqt,, COUNSEL C�"l''n� J,, AG BLDG / ASSESSOR NIA- FIRE BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT — January 27 or February 1.0, 2005 Applicant: Robert and Lisa Wubbolding Supervisor 1 District: File #: UP 04N-26 Request: This is a Use Permit request to Location: At the southwest corner of change from an appliance store, Olive Highway State Route pest control business, computer 162) and_ Arbol.•A�v'enue, at business, and vehicle storage, to a 3690 Ol'iue Highway. eal -state office and a ------------------ ------------------------ - =- ------ --------------------------------- Limousine Service business in the HC zone. G.P.: Low Density Residential Attachments" Zoning: HC (Highway Commercial) - --W. :General Plan/Zoning Map APN: 0068-210-094:' Aerial Photograph Parcel Size: 1.00 acre �C: Site Plan P lanner: Carl Durling Associate Planner EXECUTIVE SUMMARY This is a Use Permit request to changbfrom an appliance store, pest control business, computer business, and vehicle.storage, to a Real Estate office and a Limousine Service business. The property is designated Bow Density Residential in the Butte County Land Use General Plan, and is zoned HC (Highway C6iFm_ercial). The existing building has not been modified except for interior remodeling. Use Permits have been issued in 1976 and 1984 for various commercial uses. The staff recommends that.Plajiriift Commission approve the Use Permit for Robert and Lisa Wubbolding, subject to thefndings,and conditions contained herein. PROJECT DESCRIPTION/SITE CHARACTERISTICS: • '=j-he,pioperty is an approximate one acre, southwest corner lot, at the intersection of Olive Highway (State Route 162) and Arbol Avenue. There are no street improvements on either side of Arbol Avenue and Olive Highway. meaning curb, gutter, sidewalk? • Ingress is provided off of Olive Highway and Arbol Avenue, but egress is only allowed onto Arbol Avenue. sentence conflicts w/ .Pub. Wks. condition #3 • The property slopes up from Olive Highway. The Arbol Avenue frontage is at grade. ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■ January 27, 2005 ■ Robert and Lisa Wubbolding, Agenda Report UP 04N-26 ■ Page 1 of 7 ■ Deleted: r Deleted: e • The property is paved from the Olive Highway entry way to Arbol Avenue and all sides of the building. The westerly seventy-five feet is light gravel and dirt. • An existing well and septic system serve the uses on the property. • The building is approximately 2,400 square feet in size. • Surrounding properties are developed with large lot residential uses to the north across Olive Highway, adjacent on the west and south, and residential uses across Arbol Avenue to the east. • The site is level and has no significant topographic features or water courses crhit7=r • Vegetation consists of a few ornamental trees and bushes. ANALYSIS Land Use and Zoning _ • The 1971 General Land Use Plan designated the area as -Medium -Density Residential. • The 1979 General Plan Land Use Element designates:the area' as Low Density Residential. • The HC (Highway Commercial) zone was•establish-ed on-lVovember 7, 1967, by Ordinance 912, prior to the adoption of the 1971 Geneaal Plan. :Residential uses, and Commercial uses allowed in the C-1 zone, were permitted with tyle approval of a Use Permit under this ordinance. • The current HC zone was readopted by°Ordinance 3176 on January 24, 1995. Residential uses, and Commercial usenat`I'owe`ddn the C-1 zone, are permitted with the approval of a Use Permit under the current'ordinance: • A Use Permit (UP 76-72) was approved on June 10, 1976, to allow a bait<and tackle shop and_,-..--- Deleted: e a retail market,inan;,ezisting building, and boat storage on the property. • A second Use P_eFmit (BZ -'84-38) was approved on April 5, 1984, for a grocery store. • The previous owners=where cited for the storage of "junk" on the property. The current owner/applicant-hi s removed all junk, and the property is in a well maintained state_ Deleted: • The .0 lding�&vision of Development Services, and the Public Works Department,_has Deleted: b - - - ---------------------------------------------------------- ssubmitted>tbeir conditions of approval. These conditions are listed below. Deleted: d CEQ.A.ISSU:ES /ENVIRONMENTAL DOCUMENTATION: This application for a Use Permit to allow the change of use in the HC (Highway Commercial) zone is determined to be Categorically Exempt from environmental review under Section 15303(c), which states that the California Environmental Quality Act exempts the conversion of existing small structures from one use to another for a store of less than 2,500 square feet. ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■ January 27, 2005 ■ Robert and Lisa W ubbolding, Agenda Report UP 04N-26 ■ Page 2 of 7 ■ ACTION FOR CONSIDERATION: Staff recommends that the Planning Commission take the following actions: I. Find that this project is exempt from the provisions of the California Environmental Quality Act under Section 15303(c), which states that the California Environmental Quality Act exempts the conversion of existing small structures from one use to another fora store of less than 2,500 square feet. The payment of fees pursuant to Fish and Game Code S-eiwon 711.4 and 14 CCR 753.5 is not required. H. Approve Use Permit UP 04N-26 for Robert and Lisa Wubbolding for a Ice—af Estate and Limousine Service business in the HC zone, on APN 068-210-0_94, based oon ffie following findings and the conditions found in Exhibit "A": A. 'The proposed location, size, design, and operating characteristics of the proposed use B ______ The location, size, design, and o )eratiji cl__-a.,,�_ acte>� sties of the proposed uses will not conflict with, and will not adveTg ly affect, 9r be materially detrimental to adjacent permitted and conditionally permitte .uses, residents, buildings, structures, or natural resources. C. The proposed location, size, and:aesign of the proposed use and the conditions under ----- which it would be..opetated`or ma ntained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■ January 27, 2005 ■ Robert and Lisa Wubbolding, Agenda Report UP 04N-26 ■ Page 3 of 7 ■ Deleted: A. -(Formatted: Bullets and Numbering 9 . 0 EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP 04N-26 — PERMIT NO. — 068-210-094 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and. -the special conditions set forth below: Robert and Lisa Wubbolding are hereby granted--m-Use P_eimit for a Real Estate m office and Limousine Service business in the Highway Comer_c__i_al zone -on APN 068-210-094, at 3690 Olive Highway (State Route 162). 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit constitutes causefor_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 inra•.speci'al condition to this Use Permit, all conditions must be completed prior to or_concurrently1with the establishment of the granted use. The use granted by this permit must be -established within two years of the date of approval. 3. Minor changescmaybe approved administratively by the Directors of Development Services, Environmental`Healti ; on Public Works upon receipt of a substantiated written request by the applicant, or their r`e'spective designee. Prior to such approval, verification shall be made by each Depaoffp ►at or ivision that the modification is consistent with the application, fees paid and enviroTm-ental determination as conditionally approved. Changes deemed to be major sign ficant in nature shall require a formal application for amendment. 4.._ If anycuse for which a Use Permit has been granted is not established within two years of the receipt of the Permit by the Permittee, the Permit shall become null and void and reapplication pursuant to Section 24-45 (of the Zoning Code) shall be required to establish the use previously granted under the expired Permit unless, 30 days prior to the expiration date, a request for a one year extension is submitted to the Planning Commission together with sufficient evidence that the time limits for processing development permits under federal or state regulations require time limits which exceed one year. Upon application, and for good cause by the Permittee, at a public hearing pursuant to Section 24-45.25 above, the Planning Commission may extend any time limitation previously made a part of any condition to a Use Permit. ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■ January 27, 2005 ■ Robert and Lisa Wubbolding, Agenda Report UP 04N-26 ■ Page 4 of 7 ■ The terms and conditions of this Permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. 6. Neither the applicant, nor any agent nor representative of the applicant shall intentionally omit or misrepresent any material fact in connection with the application. Any alleged material misrepresentation shall constitute grounds for the Director of Development Services to commence a revocation hearing, and, if proven to exist, shall constitute sufficibnt grounds to revoke a Permit. Conditions of Approval: ' Planning Division: 1. Applicant must o comply with all other applicable State and local statutes, ordinances, and regulations. ( ' 2. All outstanding application processing fees shall be.p""aid prior-tosi's'suance of the Use Permit. Public Works 3. Obtain an encroach permit for all new or existing diiVeway approaches and construct them to County standards, as specified in the County, Impro—vement Standards. Establish entrance only (no exit) on Olive Highway. Close ingresske"gress near intersection of Arbol Avenue and Olive Highway for Safety. V v 4.,11' Deed to Butte County, in fee siin-ple, A feet of right-of-way from the centerline of Arbol Aa Avenue along the entire: parcel frontage. The right-of-way shall be sufficient for the L1_ installation of standard No. S-5, at all street intersections. V 5. Prior to the issuance_ of building permits, submit road and drainage improvement plans for the installation -and construction of the street frontage improvements on Arbol Avenue to RS - 2A standard, including-liut 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. Obtain encroachment permit from Caltrans and construct Olive Highway to R_S-2°A. Submit plans to DPW and Caltrans for review and approval prior to construction. 6. =r PriAro the'issuance of building permits, dedicate a one foot "no access strip" or relinquish =_ abutters rights to Butte County, along the Arbol Avenue frontage of parcel, except at approved access points. 7. Prior to the issuance of building permits, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall 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. ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■ January 27, 2005 ■ Robert and Lisa Wubbolding, Agenda Report UP 04N-26 ■ Page 5 of 7 ■ Building Division 8. Prior to building permit issuance for a new commercial or industrial development, or addition to an existing development, the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees shall include, but not be limited to: School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. 9. Comply with the Uniform Building Code for property line clearances considering use, area and fire -resistiveness of existing buildings. 10. Existing building(s) shall be made to comply with current Building and Zonang:regulations for the intended new use of the building(s) or the existing building(s)`shall 1;'e -demolished. County Counsel �... 12. If this entire matter or any finding, action or condition of this -matter isappealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to defend, indemnify and hold the County of Butte�iarmf'ess fromliability or loss related to the approval of this project and agrees to sign an:indemni.fication agreement in a form approved by County Counsel before the Board-ssappeal_hearing. If the application is not appealed, this condition is deemed satisfied. ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ 0 January 27, 2005 ■ Robert and Lisa W ubbolding, Agenda Report UP 04N-26 ■ Page 6 of 7 ■ I hereby declare under penalty of perjury that I have read the foregoing conditions that they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Date: Applicant r - NOTE: Issuance of this Use Permit does not waive requirement of obtaining BuildirfF-4nd Health Department permits before starting construction, nor does it waive any other requiremeTtst- Butte County Planning Commission Ch-iman Z cc: Building Division Environmental Health Division Public Works - Land Development Division Fire Department/CDF Butte County Assessor's Office Z ze M m BUTTE COUNTY PLANNING COMMISSION AGENDA REPORTm m January 27, 2005 n Robert and Lisa Wubbolding, Agenda Report UP 04N-26 w Page 7 of 7 m Michelena, Mark From: Wannenmacher, Felix Sent: Wednesday, January 26, 2005 11:51 AM To: Durling, Carl; Michelena, Mark; Christopher, Yvonne; 'Stephen A. Streeter' Cc: Miller, Gloria Subject: Wubbolding Agenda Report Hi Carl, Mark, Yvonne, and Stephen, I have reviewed the agenda report and have the following comments. The zone is not listed as consistent with the GP designation. This is somewhat different from a lot of the other times I make this comment. The GP designation is residential. The zone is placed under the commercial zones. It is listed in the GP as consistent only with Commercial. Yet, it is written like a residential zone. Given the way it is written, it should be a residential zone and would be consistent with LDR. In the Ex Sum, I would make the point, close to the list.of existing uses that these uses operate under UP (if that is true) (I assume it is). So either you are modifying an existing UP or creating a new one based on what is required here, and you should explain which. You do specify when existing UPs were issues, but it would be nice to relate them to the existing uses and to explain why a (new or amended) UP is required for what the applicant is proposing. In Analysis, 3rd bullet, it would be helpful to describe what is allowed by right in the zone and that any commercial use requires a UP. Point out that the zone is classified as and called a commercial zone, but that it is written like a residential zone. The three findings in II A, B, and C were not (or were hardly) discussed in the text. These are the basis for the approval, and you should address them in the text so that it is obvious how you can make these findings. Cond 1, 1 am not sure "also" applies here since there are no prior conds. 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 Butte County Department of Development Services Planning Memoranc um January 13, 2005 To: Inter -Departmental Review Committee Subject: Agenda Report for UP 04N-26, Wubbolding Planner: Carl Durling APN: 068-210-094 Location on the southwest corner of State Highway 162 (Olive Highway) and Arbol Avenue, Oroville Date of IDR: 1/26/2005 Attached please find the Agenda Report and the -Initial Study for UP 04N-26 for your review of the mitigation measures and conditions. A hard copy of the application, including maps, was sent to Environmental Health, LAFCo, County Counsel, the Assessor's office, the Public Works Director, the Agricultural Commissioner, CDF, and the Building Manager at the time of application. The purpose of this notice is to give you the opportunity to comment on the Agenda Report electronically to the planner, if you so desire, so that preparations can be made for the IDR meeting on 1/26/2005. Comments: (Please send your response to cdurling@buttecounty.net., and cc mmichelena@buttecounty. net) r Signature: Date: Z 5 Documentl From: Fogel, Doug Sent: Tuesday, June 29, 2004 3:10 PM To: Durling, Carl Subject: FW: Use Permit-UP04N-26 Does this work for you? -----Original Message ----- From: Jones, Darren Sent: Thursday, June 24, 2004 4:36 PM To: Fogel, Doug Subject: Use Permit-UP04N-26 Use Permit-UP04N-26, for Robert and Lisa Wubbolding has been reviewed by our dept.. The current property has an existing structure and a permitted sewage disposal system that is adequate for the proposed use. Per property owner business will have 6 full time employees. The application is complete and our dept. has no further conditions. Durling, Carl From: Walters, Charlotte Sent: Tuesday, June 22, 2004 8:59 AM To: Durling, Carl Cc: Walters, Charlotte Subject: FW: UP O4N-26, APN 68-210-094, Wubbolding • Disregard the last e-mail, we just heard from the applicants about number of employees, therefore this application is complete. Thanks -----Original Message ----- From: Walters, Charlotte Sent: Tuesday, June 22, 2004 8:49 AM To: Durling, Carl Cc: Walters, Charlotte Subject: UP 04N-26, APN 68-210-094, Wubbolding Incomplete, need more information regarding number of employees. Charlotte Durling, Carl From: Walters, Charlotte Sent: Tuesday, June 22, 2004 8:49 AM To: Durling, Carl Cc: Walters, Charlotte Subject: UP 04N-26, APN 68-210-094, Wubbolding Incomplete, need more information regarding number of employees. Charlotte • 'Xs Butte County Department of Develo Services PLANNING DIVISION 7 County Center Drive J14�����h O rovIlle, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile June 15, 2004 TO: Environmental Health FROM: Carl Durling, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Robert and Lisa Wubbolding, Use Permit - UP 04N-26 APN: 068-210-094 DATE OF IDR*: 6/23/2004 *Inter -Departmental Review Committee ®p� Pel n ft A ®nye IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: June 21, 2004 AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: July 8, 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 6/23/2004, 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 establish a commercial use (Real Estate office and Limosine Service) in the H -C (Highway Commercial) zone PROJECT LOCATION: on the southwest corner of State Highway 162 (Olive Highway) and Arbol Avenue, Oroville COUNTY SUPERVISOR DISTRICT NO.: 1 ZONING: H -C (Highway Commercial) GENERAL PLAN: LDR (Low Density Residential) If a response cannot be submitted prior to the due dates listed above, please call Carl Durling at (530) 538-7150 or send him an e-mail at CDurling@buttecounty.net. You do not have to respond to this request if 'you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for October 14, 2004, before the Planning Commission. No send response to Cdur Yes (Condition KAP lann ing\Proj ects\CommentReq uestForm. dot measures due uttecounty.net by June 21, 2004 by July 8, 2004) 0. -----Original Message----- Durling, Carl From: Hill, Rob Sent: Wednesday, June 23, 200412:57 PM To: Durling, Carl Subject: RE: UP 04N-26, Robert and Lisa Wubbolding; Carl Durling, planner Page 1 of 3 -----Original Message ----- From: Thornton, Roneva Sent: Wednesday, June 16, 2004 4:03 Ph1 To: Read, Darren; Willis, Don; Bottenfield, Cliff; Breedon, Dan; Christopher, Yvonne; Fogel, Doug; Fowler, Steve; Hill, Rob; Johnston, Mary; Lawrence, Gail; MacKenzie, Robert; Price, Richard; Reimers, Ken; Schroth, Eric; Severin, Vance; Starrett, Bill; Vieira, Mike; Wannenmacher, Felix Subject: UP 04N-26, Robert and Lisa Wubbolding; Carl Durling, planner Butte County Department of Development Services Planning Memorandum To: Members of the Inter -Departmental Review Committee From: CArl Durling, Project Planner Date: June 16 2004 Subject: UP 04N-26 Robert and Lisa Wubbolding APN: 068-210-094 30 -Day Complete: 7/2/2004 Date of IDR: 6/23/2004 Please respond by 06/21/2004, regarding completeness of application. Do you find this application complete? No. What is needed to make the application complete? X Yes. Conditions and/or mitigation measures (please respond by 07/08/2004) Standard Conditions are attached for .your convenience. No significant agricultural issues Signature: Wobert C 9fi (Deputy Aa. ammissioner Date: June 23, 2004 6/23/2004 Durling, Carl From: Wannenmacher, Felix Sent: Thursday, June 17, 2004 1:31 PM To: Durling, Carl; Christopher, Yvonne; Baker, Joseph Cc: Miller, Gloria Subject: Wubbolding Application (UP 04N-26) A#04-241 Hi Carl, Yvonne, and Joe, LDR does not list H -C as a consistent zone. Unless the real estate office and limousine service fall under a home occupation, the use is not listed under the primary or secondary uses of LDR. LDR attempts to regulate nonresidential uses to maintain single-family residential character. It is not clear where the use fits under H -C. Are you putting it under (c)(4)? I am not sure it fits there. The site map looks like it had a business on it. If that use had been nonconforming, the applicant might seek to change it to another nonconforming use. 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 - Butte County Department of Development Services PLANNING DIVISION 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile July 2, 2004 TO: Inter -Departmental Review Committee FROM: Carl Durling, Butte County Planning Division SUBJECT:' Request for Comments on a Development/Land Use Application APPLICANT: Robert and Lisa Wubbolding, Use Permit - UP 04N-26 APN: 068-210-094 DATE OF IDR*: 6/23/2004 *Inter -Departmental Review Committee IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: June 21, 2004 AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: July 8, 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 6/23/2004, 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 establish a commercial use (Real Estate office and Limosine Service) in the H -C (Highway Commercial) zone PROJECT LOCATION: on the southwest corner of State Highway 162 (Olive Highway) and Arbol Avenue, Oroville COUNTY SUPERVISOR DISTRICT NO.: 1 ZONING: H -C (Highway Commercial) GENERAL PLAN: LDR (Low Density Residential) If a response cannot be submitted prior to the due dates listed above, please call Carl Durling at (530) 538-7150 or send him an e-mail at cdurling@buttecounty.net. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for October 14, 2004, before the Planning Commission. IDR COMMITTEE - APPLICATION COMPLETE: No (Please send response to cdurling@buttecounty.net by June 21, 2004 ) Yes (Conditions/mitigation measures due by July 8, 2004) K:\Planning\Projects\CommentRequestForm.dot BUTTE COUNTY 0 STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Robert and Lisa Wubbolding DATE: 6/4/2004 AGENT: APN: 068-210-094 FILE #: UP 04N-26 PLANNER: Carl Durling PROJECT DESCRIPTION: Use Permit to establish a commercial use (Real Estate office and Limosine Service) in the H -C (Highway Commercial) zone Those items checked are conditions of approval. PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: A. STREETS ® I. PFiff te the issuanee of building pemiits, obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. Establish entrance only (no exit) on Olive Highway. Close ingress/egress near intersection of Arbol Avenue and Olive Highway for Safety. ® 2. PrieF to the issuanee of "'"ding pemnits, deed to Butte County, in fee simple, 30 feet of right-of- way from the centerline of Arbol Avenue . 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 Arbol Avenue to RS -2A 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. Obtain encroachment permit from Caltrans and construct Olive Highway to RS -2A. Submit plans to DPW and Caltrans for review and approval prior to construction. ® 4. Prior to the issuance of building permits, dedicate a one foot "no access strip" or relinquish abutters rights to Butte County, along the Arbol Avenue frontage of parcel, except at approved access points. B. DRAINAGE ® 1. Prior to the FeeOFdatiea of issuance of building permits, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. ❑ 2. Prior to the issuance of building permits, establish 100 year floodplain elevations and the lowest floor elevations for any structures. Show on the site plan map for building permits the elevations (by contours) and the location of an accepted NVGD benchmark and a temporary benchmark on-site. C. LEGAL LOT STATUS ❑ 1. Prior to the issuance of the Use Permit, prove, to the satisfaction of the Director of Public Works, that the parcel of the subject application is a legal parcel. Butte County Department of Development Services PLANNING DIVISION 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile June 15, 2004 TO: Building Manager FROM: Carl Durling, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Robert and Lisa Wubbolding, Use Permit - UP 04N-26 APN: 068-210-094 DATE OF IDR*: 6/23/2004 *Inter -Departmental Review Committee IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: June 21, 2004 AGENCYIDEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: July 8, 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 6/23/2004, 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 establish a commercial use (Real Estate office and Limosine Service) in the H -C (Highway Commercial) zone PROJECT LOCATION: on the southwest corner of State Highway 162 (Olive Highway) and Arbol Avenue, Oroville COUNTY SUPERVISOR DISTRICT NO.: 1 ZONING: H -C (Highway Commercial) GENERAL PLAN: LDR (Low Density Residential) If a response cannot be submitted prior to the due dates listed above, please call Carl Durling at (530) 538-7150 or send him an e-mail at CDurling@buttecounty.net. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for October 14, 2004, before the Planning Commission. IDR��a�OMMITTEE�=rAkPPLICATIONG�'IPLETSEE®`3P°�;,,`'�'1` x ..M - El D;o (Please send response to Cdurling@buttecounty.net by June 21, 2004 ) Yes (Conditions/mitigation measures due by July 8, 2004 KAP lann ing\Projec is\Commen tReq ues tForm.dot QWZ�4In3 t, ` • BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Robert and Lisa Wubbolding DATE: 6/4/2004 AGENT: APN: 068-210-094 FILE #: UP 04N-26 PLANNER: Carl Durling PROJECT DESCRIPTION: Use Permit to establish a commercial use (Real Estate office and Limosine Service) in the H -C (Highway Commercial) zone Those items checked are conditions of approval. PLEASE CONTACT THE BUILDING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: H. BUILDING PERMITS 1. Building Permits Required. Prepare #sets of construction plans and make an application for permit. Construction shall comply wi federal, state, and local regulations. Plans shall be prepared, sealed and signed by a California Licensed Architect or Registered Engineer for non-residential buildings and certain residential buildings. 2. Proposed improvements constitute a "change in use" or "change in the character of use" as stated in the building code. Improvement plans shall incorporate all code -required elements for the new use. 3. All structures shall be made accessible to the disabled. Disabled accessible parking and an accessible path of travel shall be provided. 4. Proposed improvements shall comply with Title 24 energy conservation regulations. Appropriate compliance forms (two sets) shall be submitted indicating compliance with those standards: ❑ 5. Proposed improvements shall comply with Butte County Code and FEMA Flood Hazard Prevention regulations. A FEMA Elevation Certificate, prepared by a qualified professional, shall be completed and submitted with improvement plans for the Building Division. ❑ 6. Proposed improvements shall comply with recorded map conditions applicable to construction. )< 7. Proposed improvements shall comply with Public Resources Code 4290 Fire Safe Construction standards. 8. Development fees for the proposed residential or non-residential improvements shall be paid prior to s \ the issuance of building permits. The fees shall be those in effect at time of application, and shall include, but not be limited to, School Fees, Park and Recreation District fees, Water and Sewer Service Fees, Permit and Plan Check fees, and Fire Protection Fees. I. EXISTING STRUCTURES 1. Comply with the Uniform Building Code for property line clearances considering use, area and fire - resistiveness of existing buildings. 2. Existing building(s) shall be made to comply with current Building and Zoning regulations for the intended new use of the building(s) or the existing building(s) shall be demolished. NFORCEM[ENT )-DAY PLAT TO INSPECTOR -q—oq 19 -1JCL11Ilg in side of exisitng bld; _ct cold room) ac s Bait &Tackle -Shop 74 a rbol Ave. , Oroville Permit #2395-76B,P(install8 sink & close Off door/bait shop & living quarters) 68-21-94 L ' S�STEpENSLd Permit 110. B, P,E,M (addition & remodel/retail market) 68-21-94 11 �14 Permit#3420-86B(wood stove/mkt)11/17 68-21-94 P Permit#2948-88B(reroof/mkt) Lester Stevens 3844 Hildale Avenue Oroville, CA 95965 CERTIFIED'MAIL • LAND OF NA I uU AL Vi EA i ! A! --i.. 6 ; PLANNING COMMISSION 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965 PHONE: 534-4601 May 2, 1984 Re: Use Permit AP 68-21-94 Dear Mr. Stevens: Enclosed is your validated Use Permit to allow a grocery store in an H -C zone located on the southwest corner of Olive Highway and Arbol Avenue, Oroville, Should you have any questions, please feel free to contact this office. Sincerely, Li=c/ �� A• A. Kirer Director of Planning BAK yr Enc. CC: Dept. of Public Works (2) Environmental Health Dept. of Forestry BUTTE COUNTY. 'PLANNING COMMISSION • 0 . • VK • USE PERMIT • AV DATE ...(Registered mail. receipt):. 84-25 PERMIT NO. ASSESSOR'S PARCEL NO'.- Pursuant O'. Pursuant to the. provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Lester 'Veyens is hereby granted a Use Permit NAME in accordance with application filed: 2/29/$4 to allow a. grocery stare in a,n i''3 -C t€ne located on the south date west corner of Olive Highway and Arbol. avenue , Oroville.. 1• Failure to.comply with the conditions specifies herein as the basis for approval of appli- cation and. issuance of Permit, constitutes cause for the revocation of said permit in accor- dance .with the procedures set forth in the Butte County Zoning Enabling Ordinance. 2 Unless otherwise provided for in. a condition to a use permit, all conditions must be com- pleted by the permittee within 12 months of the delivery of the countersigned permit to the. permittee. 3. If any use for which a use permit has been granted is not established within one year of the date of receipt of the cou ntersigned perm it by the perm ittee, the perm it shal I become nu I I .and void and reapplication shall be required to establish the use. SPECIAL CONDITIONS: i. Access on G144ve Highway to be limited to irzgrQss sand. egress property to be lizite;d. to Arbol. Averaiie in rn.Taforma.nce with rt quirehie t.ta of Caltrans. bio pa.rkiri to be allo-wed in the Olive fligbi,.Tay° setback area to the t11e as per the s. Submit Plan a1'i4]' Plan check fee for CoI°voy,sion oz 'bait Sa']6p to grove -f) st;o-re a.DLd meat t.tF3,i'Ret to the psi tv.-, County DL''�jartmnnt of Public !--fea.ltil 4,, Nona.%" narking ad.l,.a.1 be p`_9rriitte,i over se-ptic tank. J.. 10btrxin Pu'';al:i~c hl`altd2 permit. +-or c-roC:.M.,''ry S't:0',e,%T%teat iiir3l$'k t prior to openip,g 6. Comply J W.f.t,] 31f? ?"P_.i:.l„:1vm'1eT1ts €7i t:]j.G .�:11�:t.. t.t):.ilty Plubi1.0 �:!Llrjk,a iE3i'.'iY`trtt�t ? s Buil-cling DixiSixn. r�. r'�j:?�!i C ATt must ; 1, 0 r:Q�Ii1�3'.I jr ziF3 t1, �7.� Ot�i.%'.i %t??�}�.if u��").+1 �iti#.t.F alit loCa.l statutes, ord:i,na.,nc.c-s, pTa<?. re?;`hlIi ad;i.Crns. I hereby declare under penalty of perjury that 'I have read the foregoing conditions, that they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Dated: Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. CC: Health Department Department of Public Works (2) Fire Department Chairman of Planning Commission diil�il": r•CR: '\� July 17, 2001 Sam Slighton Lavonna Biggs 3690 Olive Hwy. Oroville, CA 95966 RE: Butte County Code Violation 3690 Olive Hwy., Oroville AP#068-210-094 Dear Mr. SIighton & Ms. Biggs: • LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 The Butte County Department of Development Services, Code Enforcement section has determined by inspection and research that there are currently code violations present on your property at the above - referenced location. Specifically, the violations include the accumulation of junk in public view. This is an advisory notice that these uses are in violation of the Butte County Code, as follows: Butte County Code, Chapter 24, Section 24-65 - Applicability of zoning regulations. All uses of land within a zoned district not specifically authorized or permitted by regulations are prohibited. Butte County Code, Chapter 24, Section 24-155 - The H -C (Highway -Commerical) zone does not "specifically authorize" large accumulations of junk. The storing of more than 100 square feet of "junk" on a parcel is one of the items used to determine that a "junkyard" condition exists. A "junkyard" is not an allowed use in the H -C zone without a Use Permit. "Automobiles and other vehicles, dismantled, in whole or in part" are considered to be "junk." Chapter 11, Section 11-4 forbids people, whether at a licensed junkyard location or not, from storing junk in public view. The determination that these violations exist on the property is based on the following definitions in the Butte County Code: Butte County Code, Chapter 24, Section 24-305.240 - Junk. Any worn-out and discarded material in general that may be turned to some use including, but not limited to, any old iron, wire, copper, tin, lead, rags, paper, bags, lumber, empty bottles, bones, parts of bicycles, tricycles, baby carriages, automobiles, and other vehicles, dismantled, in whole or in part, kept, stored, located, situated or piled in public view, and all other similar personal property ordinarily defined and classified as "junk" kept, stored, located, situated or piled in public view and not screened from public view by a fence. Butte County Code, Chapter 24, Section 24-305.250 - Junkyard. "Junkyard" means the use of more than one hundred (100) square feet of the area of any lot, or the use of any portion of that half of a lot which adjoins any street or highway, for the purchase, sale of junk as herein defined. Sam Slighton & Lavonna Biggs July 17, 2001 Page 2 Butte County Code, Chapter 24, Section 24-305.451 - Violator. An adult owner, tenant, occupant, resident or other person having possession, control or any other ownership interest in or the right of access to the premises, who is suspected or alleged to have. violated or to be in violation of any Butte County Code provisions of the Chapters specified in Butte County Code Section 24-305.451. It is the County's goal to obtain voluntary compliance with the Butte County Code. However, you should be advised that Butte County has an active code enforcement program which provides an effective means of enforcement. If voluntary compliance with this notice is not accomplished by correction or abatement of the violation(s), enforcement may be pursued through the issuance of a citation to appear in the Butte County Municipal Court. Upon conviction, violators may be fined and a Notice of Violation may be recorded which will include a description of the action necessary to abate the violation. In order to bring the property into compliance with the Butte County Code.and avoid further enforcement actions, you are hereby requested to take the following abatement or correction action: Remove all "junk" in accordance with the Butte County Code, Chapter 24, Section 24-305.240. You have thirty (30) days to voluntarily comply with the above directions or to present an acceptable plan for abatement or corrective actions. Should you have any questions concerning this matter, please contact me at the address or telephone number.listed above. Sincerely, Gary Brown Lead Code Enforcement Officer GB:pa cc: Department of Development Services, Code Enforcement BUT OUNTY DEVELOPME� S�CES COMPLAINT FORM Date: �� �3'a� AP#: d 2) U — (� Owner: �Wv� s Zoning: Address: PO General Plan: 0 4' q,51 ,59 4 & Supervisorial District #: Complaint/Violation Location: TYPE: { } Building { } Health { } Planning COMPLAINT: { )Housing Complaint Taken By: '�V---rs Permit History on File { } None M See Attached Caution: { }Yes Why; Tenant: Description of Violation: Approx. Size of Bldg/MH: INSPECTOR'S REPORT Address: Approx. Age of Bldg/MH: { } Occupied Has Electricity { } Yes { } No Has Gas/Propane { } Yes { } No { } Vacant Has Sanitation { } Yes { } No Obvious Sewage Problems { } Yes { } No Under Construction { } Yes { } No Built by/for { } Present Owner { } Previous Owner Hazards: { } No { } Yes (explain) Person Contacted: Describe Action Taken: INSPECTOR MUST ATTACH A COPY OF THE CORRECTION NOTICE!! Inspector• Date: ACTION RECOMMENDED { } Information Only, File { } Hold for Days { } Complaint Unfounded { } Other { } Resolved per Inspector's Report { } Send Letter of Compliance Inspector must draw a plot plan with all building locations on the back of this sheet. Revised 102003 Thursday, January 19, 2006 Counter — Person Gwyn Payment Date 101/19/2006 Receipt Number 443531 Received From !Lisa Wubbolding Applicant [same Application Number SUP 04N-26 or In,Reference To Parcel Number 1068-210-094 Check Number/ Cash !1314 Total Received $91 .77 Total Fees -E$91,.77 Development Services PLANNING DIVISION ver. 1.0 DDS Planning $91.77 (General Fund) $0.00 $0.00 Public Works ! $0.00 (Land Development) Cell Tower ($2500.00) Environmental Health $0.00 $0.00 CDF (Fire Department) $0.00 NOD / NOE (Recording Fee) Aunt Minnie $0.00 $1, 500 or $2,000 Planning Review / EIR $0.00 IFi Fish/Game $0.00 ALUC (Airport Land Use) $0.00 $0.00 Non Sufficient Funds ($25.00 Fee) Cell Tower ($2500.00) $0.00 Public Sales /Copies $0.00 Other: $0.00 - ---- - - - - © COUNTY OF' BUTTE 443531 j OFFICIAL R �IPT OFFICE OR DE ARTrMrENT ISSUI G RECEIPT 2 Received fro The Sum/ of ` / V� For _. Received: CASH ❑ , CHECK Received from'n �- The SumL..1? of For V id � [ Received: Title By COUNTY OF BUTTE OFFICIAL R IPT FFICE OR DE ARTMENT ISSUI RECEIPT 44.3531 CASH ❑ CHECK � Fnrm 84702 Received By Title By COUNTY OF BLn-TE .AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT OROVILLE, CA ATR dD" 91737 DECEIVED FROM PLANNING RAG- DATE 112012006 FUND FiiNO DEPT ACCT CASH DESCRIPTION _------- TITLE ------ COUE CODE CODE` CODE AMOUNT � DEPOSIT DA'T'E: I RECEIPTS.-. 4435-.4-"3,r-,31 PLANNING APPL FEES coin 440mi 42109W 101001 91.T7 Prpject Number Amount, Ci5t=t.i t!F�-li�r��9�#;CUsiA-�i:16Fj{�i:Gii,ft'.-r,lJ� ���.�+;_d'.�..�-----. G_ ���: 77 PLANNING REMEW-EIR TR PLANNING REV 4091 280 10MIC 24,497.00 Number Arnount of Fee _Project YOTAL $ . 2.5x088.77 ' A5°'9' PI.0OVEM BY.- - VYET. E `sf+ED BY: AUDITOR -COW ROLLER iki A SURER 4 °i�ll9te=f SY9Ya"i �J9r9fi aJt�Cid)r' canaiy--depositur golden rud=file" z6 ,i' is COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES PLANNINGDYVISION 7 County Center Drive Oroville, CA 95965-3397 RETURN SERVICE REQUESTED y eta00.577 y.. � _ �' '• _ 10/14/2005 K Mailed From 95965 IL US POSTAGE " BUTTE COUNTY -� NOV 0 2 2005 BEVELOPMENT SERVICES f iniY -- -- _- _Kt,'BB084 959662162 1905 40 1.0/24/05 ^ RETURN TO SENDER WUBBOLDING 3946 HII,DALE AVE OROVILL'E CA 95966-9588 '.RETURN TO SENDER Butte County Department of Development Services V !I �T TF Administration - AR � 0 0 7 County Center Drive o o Oroville, CA 95965 i o 0 (530) 538-7601 Telephone + c `='e+ o ' � c0it! Nay Use Permit File: UP 04N-26 APN: 068-210-094 Applicant: Robert and Lisa Wubbolding Date: January 12, 2006 3946 Hildale Ave Oroville, CA 95966 SECOND I NVOI C UP 04N-26 14 Planning charges are captured in arrears. At the date of this invoice, the following charges had been recorded and entered into our billing program. There may be additional charges in the processing of your application that have not yet been entered into the billing program, and are not reflected on to this invoice. Charges entered after this invoice date will be reflected on subsequent billings. At the time all charges are entered and billed, you will receive a FINAL INVOICE. Z , LLII � The following DISBURSMENTS have been applied towards your Proiect(s): N Deposit Disbursement Detail: Deposit Date: June 4, 2004 Land Development $ 165.00 t7 Receipt: 406271 Environmental Health $ 185.00 NTotal Payment: $3,399.00 CDF/Fire Department $ 43.00 NOD/NOE Filing Fee $ 36.00 Agricultural Department CL LU DEVELOP. SVCS- PLANNING FLAT FEE: $ 2,970.00 - TOTAL DISBURSMENT TO DATE: $ 3,399.00 U) The following CHARGES have been applied towards processing of your application: N as of: January 12, 2006 C Publishing Fees Due: LLI Chico ER on 7/28/0! $ 91.77 t— N Z_ Q TOTAL PUBLISHING FEES DUE: $ 91.77 Q I N I LU C9 Q X U - Butte County Code 3-44 Hourly fees; deposits; billing procedures: County code requires when the initial deposited funds are depleted to an amount equal to 25% of the original deposit, no processing of the application will occur until the applicant deposits sufficient funds to restore a W balance equal to the amount of the initial deposit, or a lesser amount as determined by the Director of Development Services. In the event the D applicant does not provide sufficient funds to continue processing an application, the application will be denied. r . Z Make checks payable to: Butte County Treasurer and send it to us at the above address. O Should you have any questions, please call Accounts Receivable between 8:00 a.m. to 4 p.m., Monday through Friday. Q 1 AMOUNT. DUE AND PAYABLE BY: $ 91.77 ii January.27, 2006 Biller. GLB KAFISCAL ADMIMBILLINGS & REFUNDS\2006 invoicesMubbolding WP 0411-26 2nd inv 011206 I l Butte County Department ofD.evdopment Services Administration - AR I 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone f .i i Use Permit Applicant: Robert and Lisa Wubbolding 3946 Hildale Avenue Oroville, CA 95966 File: UP 04N-26 APN: 068-210-094 Date: November 10, 2005 I N V 0 1 G E UP 04N-26 r Planning charges are captured in arrears. At the date of.this invoice, the following charges had been recorded and entered into our billing program. There may be additional charges in the processing of your application that have not yet been entered into the billing program, and are not reflected on this invoice. Charges entered after this invoice date will be reflected on subsequent billings. At the time all charges are entered and billed, you will receive a FINAL INVOICE. The following payment has been applied to your application: i 0 I Flat Fee Paid June 4, 2004 DEVELOP. SERVICES - Planning Flat Fee $ 2,970.00 Receipt: 406271 Total Payment $2,970.00 ,i PUBLISHING FEE DUE $91.77 Chico ER 7/28/05 I� .i i Butte County Code 3-44 Hourly fees; deposits; billing procedures. County code requires when the initial deposited funds are depleted to an amount equal to 25% of the original deposit, no processing of the application will occur until the applicant deposits sufficient funds to restore a balance equal to the amount of the initial deposit, or a lesser amount as determined by the Director of Development Services. Iri the event the applicant does not provide sufficient funds to continue processing an application, the application will be denied. 14 Make checks payable to: Butte County Treasurer and send it to us at the above address. Should you have any questions, please call Accounts Receivable from 8:00 a.m. to 4 p.m., Monday through Friday. ,AMOUNT DUE AND PAYABLE $91.77 i iV K:\FISCAL ADMIMBILLINGS & REFUNDS\2005 invoices\PUBLISING INVOICESMubbolding UP 04N-26 11 10 05 COUNTY OF BUTTE AUDITOR'S C1ER11FICATE AND TREASURER'S RECEIPT OROVILLE, CA ATR No RECEIVED FROM PLANN;NNG BAG 0 330 DATE FUND FUND DEPT ACCT CASH DESCRIP71ON ' • ---TITLE CODE CODE CODE CODE DEPOSIT DATE: 6:C7 RECEIPTS: 406271-408276 PLA114141NIG APPL FEES GENL 0010 4400113 4210M 101601 Project Number Amount of Fee �1, APMOM21M94-R VAAJBBOLDIKIG - UP "26 �. �d,�SS4.t1�2 APN:041-3QI,_031;99.1-780-003 D OSTRANDER- LLA 04-24 $555.00 APM055-300-b98;056 - BREUNER, INC - UA 04-25 . $555.00 LAND DEVELOPMENT GENL 0010 440004 46117oo 101001 Project Number, Amount of Fee APN:008-?.10.1-094-R V'UBBGLDINC7 - UP 04-•1.6 ____._. APN:011-310-03i;Oti1-76(4-003 D OSTRANDER- LLA G4-24 . $185.00 $359.00 APN:055-300-093,080 - BREUNER INC - LLA 44-25 $359.00 EW- ROIL MENITA•L HLTH GENL 0010 54 3 4614901 101001 ., Project Number Amount of Fee APN:OM210-094-R UP 44-26 �— M $105.00 A.PN:011-310-035;011-760-003 D OSTPANCIER- LLQ, 04-14 $227.00 APN:055-3MG98,066 - BREUNER, INC - LLA 0425 ' $227.00 FIRE PLN1G APDL FEE FIRE PROTECT 0100 4617240 101001 Project Number Amount of Fee APN:483-210-094-R MBCOLDING - UP 01-26 * $43.00 •, - 1OEt CLERWS FILING FEE GENL ; ' 0010 470001 4612319 1010073 _— ____ _- �i) F'r+oject N4esrrnber _ - _ _ .--Amourit of Fee r?PI`d:O6&210 09 e=R V11E38CiLG1NG - UP 64-28 $38.00- J FOR 6/5 APPRO'V'ED BY: AUDITOR -CONTROLLER ` ore ite�-#reasurer pink ---auditor 760. €1712004 AMOUNT " 4,i4f#O.Q�O I3g3.1�B 639.w 43.0!0 36.00 TOTAL $ 5,601.00 RECEIVED BY: TREASURER. By: carnary--depositur golden and--rle Monday, June or.0004 VVVn`mFinnunoVnVv%. V.1.x PLANNING DIVISION Ver. 1.0 Counter $0.00 Person `Mark (General Fun Payment Date 0/4/2004 Receipt Number 406271 | � Recei ed From _ Robert Wu bolding Applicant Robert Wubbolding - Application Number UP 04-26 or In Reference To Parcel Number 068-210-094 | Check Number Cash 8748 Total Received $3,399.00-----! Total ees DDS Planning $0.00 $2,970.00 (General Fun Non Sufficient Funds ($25.00 Fee) Public Works Cell Tower $165.00 (Land Development) � Environmental Health ' --- $185.00 --`---`'------` $43.00 $36.00 (Recording Fee) - -- -- Aunt Minnie $0.00 Planning Review EIR �O�OO --------------' Fish/Game $0.00 ALUC I(Airport Land Use) $0.00 $0.00 Non Sufficient Funds ($25.00 Fee) Cell Tower Public Sales Co | $0.00 | ' -- --' - — - ' Pi COUNTY OF:.AUTfE--,.,...._ .`` 4062:71 OFFICIAL RECEIPT A tv Ai OFFICE E OR DEPARTMENT ISSUING RECEIPT 0 L4 200 Receiyed from (-U 0 f f � i �J i , ; c rk n, — I le Spm Of t y?.U' .f i�lll ! , f ��'• rt.t l� , v . _ 7 ! {r,Q. c I t �� 7 . >' =!00 For".,k P -�-- r), -.p to r` ';, Received: r e� Received By - i CASH❑ Title .' 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COUNTY OF BUTTE OFFICE OF PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3397 RETURN SERVICE REQUESTED PUBLIC HEARING NOTICE 012H16205578 $ 00.35? 07/25/2005 Maned From 95963 US POSTAGE SCHULZ IMOTHY ROBERT 58 ARBOL AVE OROVILLE CA,.95966 —__ SCHU058 959662284 _505 50 07/29/05 RETURN TO SENDER. SCHULZ' TIMOTHY PO BOX 28 MEADOW V!,STA CA x.+5722-0028 RETURN TO SENDER i liriof fit 11f1hof III 1/1111#JlHfill 111111l1fill N1111//11111J 1 tiA. 012H16205578 $ 00.35? 07/25/2005 Maned From 95963 US POSTAGE SCHULZ IMOTHY ROBERT 58 ARBOL AVE OROVILLE CA,.95966 —__ SCHU058 959662284 _505 50 07/29/05 RETURN TO SENDER. SCHULZ' TIMOTHY PO BOX 28 MEADOW V!,STA CA x.+5722-0028 RETURN TO SENDER i liriof fit 11f1hof III 1/1111#JlHfill 111111l1fill N1111//11111J 1 COUNTY OF BUTTE OFFICE OF PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3397 �. RETURN SERVICE REQUESTED PUBLIC HEARING NOTICE 012H16205578 $ 00.35? 07/25/2005 Mailed From 95965 US POSTAGE HEIDEL SEL 45 ARBOL AVE OROVILLE 'y• SEL—OqS 959662294 1605 50 07/29/05 RETURNTO SENDER HEIDEL'SEL 746 VALLEY VIEW DR j [,OEL E UT 84074-1988 RETURN TO SENDER { — — — i0=1:21i•8" E 3: lleitrrllil��r('ttriltLintelrtt�lrtt(<Ifl►Irtlfrtilritet�r�t►tlllt� t kyr ?. •y ;j, 012H16205578 $ 00.35? 07/25/2005 Mailed From 95965 US POSTAGE HEIDEL SEL 45 ARBOL AVE OROVILLE 'y• SEL—OqS 959662294 1605 50 07/29/05 RETURNTO SENDER HEIDEL'SEL 746 VALLEY VIEW DR j [,OEL E UT 84074-1988 RETURN TO SENDER { — — — i0=1:21i•8" E 3: lleitrrllil��r('ttriltLintelrtt�lrtt(<Ifl►Irtlfrtilritet�r�t►tlllt� LCtXI/h E TO gE= RoFOdUj, ' Stin�# .. .. � � .., ��c-ersv o BUTTE COUNTY `-ZOO MAR 10 2005 DEVELOPMENT SERVICES "e !alAf=F $40c0114 04-riPr) 4. • moo' � �o,���: R � � i�0� �.vi,-, � c �� ss ^l _ k 0 a� Plan�. Owner 534 57331- 53 /A/ &r Rg //" BUTTE i j �v /�C p. VVV cOUNTV 2004 444 OM-21 d - 0 0 EVELOpII N'l 1 ...... 3(D (O olive-, t`!!� �Sp�� SEAVIcFS 0 )o 40 I OcJn � �-- �, 1�1Jubloo(d �n 14P4 0600--210 ^rAls Accc� If is 7-4 9 i BUTTE COUNTY IAU 1 o 2005 ;VELOPA,IENT SERV[r.ES "F ,N4 © 4 / l"-✓ Gt-t10 601- A-cA , A c rr� ss BUTTE COUNTY jUtj - 4, 2004 DEVELOPMENT SERV ICES n ��104 PIC r1 Own-er- ty. oc4uoulor 51),5 1: '04 OSS--21� I" - t4 D' ^ g1s Accctrl ij' TO g r= BUTTE COUNTY 4XI 10 2005 EVELOPAIENT SERVFC,'ES �^F yLi4,01 r -,r c4Ti�� ,4k ISO1, AvLF, Ace -17:55 ,,UTTE COUNTY jUj,j - 2004 L)V,VF,LOprvlE, N1 SEWIC'ES Ocvn�r' rAls A--cc�-s- is TO gt= RcElnovc lo, BUTTE COUNTY IAE? 10 2005 EVELOPAIENT SERVICES =F }yt o 14 cdTwo Al'� 1301- I-vt , Ace -,s;-:55 BUTTE COUNTY ju"I - � 2,104 04 064?-Ve iDEVELOPMENI SERVICES ki OcJn � r- �. �u bbo 1�1°n 4P4 068-211� i --1 v 1-14's is TO g e= /c'c iylOdlr� , BUTTE COUNTY fAfl 10 2005 EVELOPAIENT SERVICES 11--f cd?-torj A-/c'A(A , A c Cts: --55 BUT'T'E COUNTY jUN.. - k 2004 DEVELOPMENT SEIOVICES P�404 flan Own-er R. IJci UJd it 51)5�� ■ 'rAls TO $ e= BUTTE COUNTY MR 10 2005 EVELOPMENT SERVFr,ES t`F 940 11-4 OdIrl Pr) AJC' 150. ACILP, A C e--6:-:55 sUTTF COUliTy ju' ,s — € 2004 i)EVELOPAIENT SEI;ViC c Orvn�r rn 51,Zs/;Po� 0 so Lta ro. • :...0�. - -1L) TO 9e- UUTTE COUNTY 1AR 10 2005 EVELOPMENT SERV[rES 'F yh 0 c4 7 -i o� BUTTE COUNTY jUji, - h. 2004 DEVELOPIVIEN7 SE, I?VIcFS !,N104 Plan olon-er - , = y C), 0 )o L4b (00 .....SD. 'r4s,15 r,A-c c c' -t- iS TO g o' RLEIhOdG0, BUTTE COUNTY 4AU 10 2005 EVELOPMENT SERVrC,ES P=F g4 a jO i 14 c rt? -1p r) AA601, 1-,vLP, Ace -l=:55 BUTTE COUNTY 2004 f)EVELOPiVIENI SEBJI�: S �Va4 Plan Dlvn -er R. oe4uoij-ldr 5J)5140A 0 �0 4a(10 - :..Sp. - ► y (Y ^r-Arsis- TO 9,F Rcg lnov 'lo , BUTTE COUNTY IAEA 10 2005 EVELOPMENT SERVErES r'F yh p 1 r4 C4-rj O AA 601, ACAP, A C e'c= 5S BUTTE COUNTY jUVI - 4 2004 DEVELOPMENT SETV ICES M #4� I)! j Pl,n 8/ry/os CF�r�,e�,� Owner 32 H RG�wLLafd�..5 3�_ 32' ,qP# dGa-zro .apy 369 a/tit Nwy Orou,fl� f5�G6 (530) 533 - 53/y z�b t i -'r. -.; i S a rrt"'' `-f--A a C) �t WJ Cd C) a 00 m � _a C) Q,3 a .5 4� 0 C 0 � Q o Cd U o c�4 _a En En Won hn Cld P-4 F 0 I 3 ,rA Is if C's) i tom' EVE-Lopllm,E; ref ; 1 Ae c -i- ori a .p . ... . -, . ,....._.,.... -- - - ..