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HomeMy WebLinkAboutUP 08-0006A 0 C (7/28/2009 9:01:47 AM SNT) Action Created (7/28/2009 9:02 AM SNT) Steve had a message from Patricia on the.Planning message machine (7-27-09 PM?). Steve returned the call 7-28 8:50 AM. Patricia's message said that no one had been returning her calls. See prior entries regarding returned calls. Steve left a long message on both Patricia's home phone and cell phone, repeating prior messages and leaving his direct line (538-7153). Steve's messages explained once again that Oct. was our best/most optimistic estimate for getting her project to PC. Steve encouraged her to call if she had questions. (7/29/2009 8:55 AM SNT) Steve met with Patricia 7-28-09 PM. She wishes to modify her application to include a flea market on the east side of her property, add parking spaces, and to make what had been proposed as a cafe into a snack bar. She will give us a written request with amended project description and site plan to reflect these changes. (9 ,- 24 (r4s )L�,e X01 �c J` 057- 1,5 / O`er 7 � Z 7 Ce-949aL .—O V b S ©K lgo (6/9/2009 1:09:45 PM SNT) Action Created (6/9/2009 1:12 PM SNT) Steve returned call to Pat and left long voice message explaining (per her question) that the new/proposed septic standards would not apply to her UP application. Steve gave, as our current best and most optimistic projection of when we might be able to get her application before the PC, as October 2009. (7/22/2009 11:31 AM SNT) Steve return a call to Pat and left long voice message explaining our current best and reasonable projection of when we will be able to get her application before the PC, as October 2009. Steve also apologized for the delays but explained that short staffing is causing us to fall significantly behind in project processing. Steve explained that, in his project line-up there is one project (Fuller TPM) for which processing (including CEQA) will need to be completed before he can begin on hers. AN r- v ot-it, Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 CounCenter Drive Oroville! C 95965 (530) 538-76 Telephone (530) 538-7785 acsimile Administrative Permit for Home OccuraatioK SUBJECT: Home APPLICANT: Rick Sorenson LOCATION: APN# 047 n Permit - ADM00-0018 (APN 047 and applicant) which is located at 630Basis Dr., Chico, CA 95973. Description of Approved Use The approved uses consist of and ar limited to t following: home winery to process and bottle grapes and grape products and II wine fr m the home. The wine will be processed from grapes grown only on the +/-22-acr Oasis D,r., Chico,. CA.95973. All wine for parcel delivery services from the site.. The The parcel is zoned SR -3 (Suburban -F (Agricultural Residential) in the General P sale only. No customers may come to the). e, APN# 047-560-089, which is located at 630 ill be. transported by: the owner -or -commercial ness will be conducted by mails and telephone. ential, 3 -acre parcels) and is designated AR 'process of grapes into wine is for sale off-site Conditions of Approval (consistent with j6utte County 1. No customers may come to t home winery site) 2. All customer contact (not i luding phone, email, 3. The transported of proce ed wine products from or. commercial parcel de/ services only. ng Code Section 24-270) ) shall be conducted offsite. winery shall be by the owner 4. The work of processi , bottling, and selling wine in the ome winery shall be limited to members of the fami residing on the premises. 5. Only off-si/he wine is permitted. No on-site sale r public tasting of wine is allowed. 6. The work ng, bottling, and selling wine in the home inery shall be conducted entirely witelling and/or auxiliary buildings on the site. 7. On-premi�sing for the home winery business shall be limited to one (1) unlighted sign with not more than three (3) square feet of display area, and such sign shall not be located in any required yard setback area. Home Occupation ADM 09-00PN 047-560-089 3 Lie Z, 7100, 1-7 C-001— "7 Lg 1 J -d-11 e' .0 r- 4, -sof,4J v L- . . ........ Cla, 4("1-/ aj Page 1 of 1 Troester, Steve From: Thistlethwaite, Charles Sent: Wednesday, March 18, 2009 5:25 PM To: 'info@enterpriserancheria.org' Cc: Snellings, Tim; Troester, Steve; Calarco, Pete Subject: RE: Use Permit UP08-0006 (Kuehner) - Berry Creek restaurant Dear Mr. Angle: Thanks for your inquiry regarding the above application for a Use Permit for a restaurant at the northeast corner of Menzie Lane and Bald Rock Road in Berry Creek. Senior Planner Steve Troester is the project planner for the application and he has been working with the property owner; Ms. Patricia Kuehner. Steve informed me he updated Ms. Kuehner on February 25th, that he is continuing to process this application, and that he expects the application to go before to public hearing before the Planning Commission on July 23, 2009. The project continues to be on track for this meeting and Steve will be forwarding a Draft Initial Study and Mitigated Negative Declaration for Ms. Kuehner's review and approval in May, prior to its public circulation. Thank you for your continuing patience through this process. Please do not hesitate to either Steve (5307538- 7153) or myself if you have any questions or we can be of further assistance. Regards, Chuck Charles S. Thistlethwaite, AICP Manager, Planning Division Butte County Department of Development Services E-mail: CThistlethwaite@buttecounty.net Phone: (530) 538-6572 FAX: (530) 538-2140 From: Snellings, Tim Sent: Wednesday, March 18, 2009 2:49 PM To: info@enterpriserancheria.org Cc: Thistlethwaite, Charles Subject: Berry Creek restaurant Hello Art: It was nice meeting you last night. I wanted to follow up on the status of your restaurant Use Permit application. Chuck Thistlethwaite, my Planning Manager is looking into this and will provide an update soon. If you have any questions, please do not hesitate to contact either one of us. Take care, Tim Tim Snellings, Director County of Butte Department of Development Services 7 County, Center Drive Oroville, CA 95965 530-538-6821 (direct) 3/19/2009 II �' ,i . , ` �' a � � ...,. u►e ��_ .� � ��-+ if T.. ._ - Wit' 5. Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www. b utteco u nty. n et/d d s www.buttegeneralplan.net ADMINISTRATION '° BUILDING " PLANNING January 16, 2009 Patricia Kuehner 10 Menzie Lane Berry Creek, CA, 95916 REGARDING: "Complete" status of "Kuehner" Use Permit application UP08-0006 for a cafe. Dear Mrs. Kuehner, After review by the Butte County land use entitlements Interdepartmental Review Committee and pursuant to Section 20-62 (1 and 2) of the Butte County Subdivision Ordinance and Section 65943 of California Government, you use permit application was found "complete" for processing on November, 2008. Completeness of an application indicates that it is ready for additional processing, including environmental review, pursuant to the California Environmental Quality Act (CEQA), and proceeding to public hearing before the Planning Commission. We apologize that the work load of the individual planners in the Department of Development Services, and recent reductions in our staffing due to the current economic downturn does not allow us to process projects as rapidly as we would like. Applications are processed in the order in which they were received and then subsequently deemed "complete". While the processing of development entitlement applications, such as use permits, is not an exact science that lends itself to accurate projections of when projects might be ready for public hearing before the Planning Commission, the best current estimate varies from 6 to 9 months from being deemed complete. Our current workloads and project backlog make a more definitive estimate difficult. 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) 538-7153, or via e-mail at stroesteralbuttecounty. net. Steve Troester, Senior Planni i Troester, Steve From: Troester, Steve Sent: Friday, January 16, 2009 4:41 PM Subject: Use Permit Application Status Attachments: SCN_20090116155811_001.pdf Hi Pat, Page 1 of 1 I tried calling your cell phone, but it would not recognize that I was speaking and take a message. So, I'm attaching a letter to you, confirming that your project application is complete, but explaining the timeline for processing it. We're sorry that we can't' do it faster. We just have such a backlog, and we have had significant layoffs in our department. Please call me if you have any questions. Steve Troester, Senior Planner Butte County Department of Development Services #7 County Center Drive Oroville, CA, 95965 (530) 538-7153 (530) 538-2140 FAX 1/16/2009 r Troester, Steve From: System Administrator To: Patredd@cncnet.com Sent: Friday, January 16, 2009 4:41 PM Subject: Undeliverable: Use Permit Application Status Your message did not reach some or all of the intended recipients. Subject: Use Permit Application Status Sent: 1/16/2009 4:41 PM The following recipient(s) could not be reached: Patredd@cncnet.com on 1/16/2009 4:41 PM The e-mail account does not exist at the organization this message was sent to. Check the e-mail address, or contact the recipient directly to find out the correct address. < Hormel2.buttecounty.net #5.1.1 SMTP; 550 <Patredd@cncnet.com>... Relaying denied> a ., e— 4,tr r Cr—IA '40 -'� �z U !f -w J, I - v ` , u r M BUTTE COUNTY PUBLIC HEALTH August 21, 2008 Patricia E. Kuehner 10 Menzie Ln. Berry Creek, CA 95916 PHYLLIS L. MURDOC.r'C, DIRECTOR MARK A. LUNDBERG, M.D., M.P.H., HEALTH OFFICER 11ur E WWW. BUTTECOUNTY.NET/PUBLICHEALTH COUNTY ENVIRONMENTAL HEALTH DIVISION AUG 2 7 2008 DEVELOPIIIENI SERVICES ' RE: Pre -Application for Use Permit, 10 Menzie Ln., Berry Creek, CA; AP #062-730-009 Dear Ms. Kuehner: This department has received and processed your pre -application for a Use Permit for a food facility at the above mentioned location. You have indicated that you will have four 3mployees, including yourself, and 38 total seats. The food facility will be open Tuesday through Sunday, from 6:00 a.m. to 3:00 p.m. There is adequate area and depth of soil on the proposed location to support a sewage disposal system sized for your proposed facility. You should be aware that you may be subject to California Food Laws and may with to contact Mike Boian of Environmental Health regarding this issue. You may also be subject to California Drinking Water Laws and may wish to contact Elaine McSpadden of Environmental Health regarding this issue. Provide that the application and proposal presented to the Development Services Department conforms to the packet you submitted to our office, we are prepared to approve your Use Permit. When you apply for the Use Permit with Butte County Planning, they will collect the remainder of our fee. If you have any further questions or concerns, please contact me Monday through Friday, 7:30 a.m. to 4:30 p.m. Sincerely Mike Kerley Environmental Health Specialist Cc Butte County Planning T:\UsersShared\Kerley\preappletter\10menzieln08.doc TEL -530.538.7281 1202 MIRA LOMA DRIVE FAx- 530.538.5339 OROVILLE, CA 95965 OUR MISSION IS TO PROTECT THE PUBLIC THROUGH PROMOTING INDIVIDUAL, COMMUNITY AND ENVIRONMENTAL HEALTH l,t Off'-coo� G�-csno� /Uc�J DECLARATION OF FEES DUE (California Fish and Game Code Section .711.4) f NAME AND ADDRESS OF APPLICANT Patricia Kuehner 10 Menzie Lane Berry Creek, CA 95916 FILING NO. Project Title/File Number: USE PERMIT, UP08-0006 APN: 062-730-009 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE :OF-EXEMPTION/STATEMENT OF EXEMPTION (X) A:,: Statutorily or Categorically Exempt $50.00 Clerk's Documentary Handling Fee ( ) -B. De Minimis Impact - Certificate of Fee Exemption $50.00 Clerk's Documentary Handling Fee, 2. NOTICE OF DETERMINATION - FEE REQUIRED ( ) A. Negative Declaration $1,800 State Filing Fee $50.00 Clerk's Documentary Handling Fee ( ) B. Environmental Impact Report $2500.00 State Filing Fee $50.00 Clerk's Documentary Handling Fee 3. ( ) .OTHER (Specify) $50.00 Clerk's Documentary Handling Fee PAYMENT / NON-PAYMENT OF FEES: 1. (X) PAYMENT: The above fees have been paid. See attached receipt(s) # 2. ( ) NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Tim Snellings, Development Services Title: Director Lead Agency: Butte County Department of Development Services Date: September 27, 2011 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. APPENDIX A NOTICE OF EXEMPTION TO: _ Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 X County: Clerk County of Butte 25 County Center Drive Oroville, CA 95965 Project Title: USE PERMIT, UP08-0006 Assessor's Parcel No.: 062-730-009 Applicant Patricia Kuehner FROM: Butte County Planning Division 7 County Center Drive Oroville, CA 95965 Project Location -Specific: 10 MENDE LN BERRY CREEK, CA 95916 Project Location -City: Berry Creek Project Location -County: Butte Description of Nature, Purpose and Beneficiaries of Project: The owner requests a use permit to allow A Use Permit to allow an existing 800 sf building plus about 486 additional sf for bathrooms and storage to be used as a cafe/restaurant; open daily between 6:00 AM to 9:00 PM. Access to the business and parking area will be only off Menzie Lane. ; Name of Person or Agency Approving Project: Butte County Planning Commission, November 12, 2009 Exempt Status: (Check One) _ Ministe'rial (Sec. 15073) Declared Emergency [Sec. 15071(a)] Emergency Project [Sec. 15071 (b) and (c)] X Categorical Exemption. State type and section number: 15303 (Class 3) Statutorily Exempt — 15274(a) Reasons why project is exempt: The project consists of the conversion of existing small structures from one use to another where only minor modifications are made to the exterior of the structure. It specifically complies with Subsection 15303 (c) as a store, hotel, office, restaurant or similar structure not involving the use of significant amounts of hazardous substances, and not exceeding 2,500 square feet in floor area. The property also contains an existing single-family home consistent with subsectior.15303(a) which allows one single-family residence. Contact Person: Stacey Jolliffe 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 X`.' No Date Received For Filing: Charles Thistlethwaite, Development Services Planning Manager 9/27/2011 Butte County Department of Development Services 10:34 AM. *PreBill Worksheet Nickname UP08-0006 I Kuehner, Patri Full Name Patricia`"Elien Kuehner Notes Date Employee Rate Hours Task Markup % DNB Time Amount DNB Amt Page 1 Total Transaction Date: October 2008 10/21/2008 CTolley t 157.40 2.50 393.50 Billable Planner/Clercal Application Intake 10/21/2008 MKeiser 157.40 1.35 212.18 Do Not Bill d IP 1.35 212.18 Input, initial clerical processing of application. 10/23/2008 MKeiser 157.40 0.11 17.53 Do Not Bill d C 0.11 17.53 Clerical application processing - proofing 10/23/2008 MKeiser 157.40 0.37 58.06 Do Not Bill d C 0.37 58.06 Clerical billing 10/24/2008 STroester 157.40 3.00 472.20 Billable IP app intake and review 10/27/2008 MKeiser 157.40 0.50 78.22 Do Not Bill IP 0.50 78.22 Input, initial clerical processing of application. Hard file set up 10/27/2008 SJolliffe 157.40 0.25 39.35 Billable Planner/Clereal Review & Assign project 10/29/2008 STroester = 157.40 1.00 157.40 Do Not Bill *PUBLIC ASST. 1.00 157.40 TPZ data RE. -,.SP land and GIS research RE Sterling Cem. THIS ENTRY IN4J>alOM= --J.E:U 10/29/2008 STroester ` 157.40 2.00 314.80 . Do Not Bill *PUBLIC ASST. 2.00 314.80 Sterling Cem Rpt. THIS ENTRY IS IN V%NRDVX,=P:WG4EC-T 10/29/2008 STroester 157.40 1.00 157.40 Billable R revised site plan an ddescription 10/30/2008 STroester 157.40 0.50 78.70 Billable R Revised site plan 9/27/2011 Butte County Department of Development Services 10:34 AM 'PreBill Worksheet UP08-0006:Patricia Ellen Kuehner (continued) Page 2 Date Employee Rate Hours Amount Total Task Markup % DNB Time DNB Amt Total: October 2008 7.25 $1,141.15 Do Not Bill 5.33 $838.19 Transaction Date: January :2009 1/16/2009 STroester 157.40 0.75 118.05 Billable COR COMPLETE LTR TO aPP 1/16/2009 STroester 157.40 118.05 Billable COR cOMPLETE LTR TO aPP Total: January 2009 1.50 $236.10 Transaction Date: March 2009 3/18/2009 CThistlethwaite 157.40 0.50 78.70 Billable COR Project update to applicant Total: March 2009 0.50 $78.70 Transaction Date: July 2009 7/28/2009 STroester- 163.00 0.50 81.50 Billable MEET Mtg with appl RE add flea mkt Total: July 2009 0.50 $81.50 Transaction Date: August 2009 8/24/2009 STroester 163.00 0.25 40.75 Billable PC update with applicant Total: August 2009 0.25 $40.75 Transaction Date: September 2009 9/21/2009 SJolliffe 163.00 0.75 122.25 Billable MEET discussed project with CST and ST 9/22/2009 SJolliffe 163.00 2.00 326.00 Billable COR email regarding gp2030 history; review of file; begin IS 9/27/2011 Butte County Department of Development Services 10:34 AM *PreBill Worksheet UP08-0006:Patricia Ellen Kuehner (continued) Date Employee Rate Hours Amount Task Markup % DNB Time DNB Amt 9/23/2009 STroester 163.00 0.50 81.50 R turn -over to Stacey 9/23/2009 SJolliffe 163.00 3.25 529.75 CQ Prepare initial studies, mitigations, neg. dec EIRs including analysis. Total: September 2009 6.50 Transaction Date: October:,2009 10/9/2009 SJolliffe 163.00 1.00 163.00 CQ Prepare initial studies, mitigations, neg. dec EIRs including analysis. 10/12/2009 SJolliffe O 157 0 0.33 52.47 COR EH 10/21/2009 SJolliffe 163.00 1.25 203.75 PC Received phone call from Patricia Kuehner; discussed processing timeframes, wrote email to counsel for categorical exemption; scheduled phone call follow-up.. 10123/2009 SJolliffe 163.00 2.00 326.00 S Field review of project site/vicinity including travel time. 10/23/2009 SJolliffe 163.00 0.50 81.50 NC mailing list; envelopes for notifications 10/23/2009 SJolliffe 163.00 1.00 163.00 R Field review of project site/vicinity including travel time. 10/26/2009 SJolliffe 163.00 1.00 163.00 PC called applicant about status of project refined cat exemption 10/27/2009 SJolliffe 163.00 0.50 81.50 R ' Reports and/or project analysis related to the application. Y 4 Page 3 Total Billable Billable $1,059.50 Billable Billable Billable Billable Billable Billable .9 Billable Billable 9/27/2011 10:34 AM Butte County Department of Development Services 'PreBill Worksheet UP08-0006:Patricia Ellen K.uehner (continued) Page 4 Date Employee Rate Hours Task Markup % DNB Time Amount DNB Amt Total 10/28/2009 SJolliffe 163.00 3.25 529.75 Billable R Reports and/or project analysis related to the application.PC report 10/29/2009 DLewellen 57 0.25 39.35 No Charge PUB 0.25 39.35 Time spent preparing & publishing for Hearing related to applicant. 10/30/2009 SJolliffe 163.00 1.00 163.00 Billable NC 10 -day notice 10/30/2009 SJolliffe 163.00 1.00 163.00 Billable R reviewed and;discussed PW conditions; emailed appiciant Total: October 2009 12.83 $2,089.97 No Charge 0.25 $39.35 Do Not Bill 0.25 $39.35 Transaction Date: November 2009 11/2/2009 STroester. 4 5' .40 0.25 39.35 Billable R update withStacey r. 11/612009 MMichelena 163.00 0.42 67.92 Planner/Clercal 0.42 67.92 Assemble and delivery of PC Packet to Planning Commissioners 11/12/2009 SJolliffe 163.00 1.50 244.50 Billable H PC; finaled RESO for signature by Vice -Chair 11/13/2009 SJolliffe 163.00 0.75 122.25 Billable COR scanned final reso, atached to laserfiche, mailed to applicant to sign COAs 11/18/2009 SJolliffe 163.0.0 0.25 40.75 Billable PC phone call from community assoc; follow-up email with agenda report Total: November 2009 2.75 $446.85 No Charge 0.42 $67.92 Do Not Bill 0.42 $67.92 Total: November 2009 TOTAL Billable Costs Total of Fees (Time Charges) Total of Costs (Expense Charges) Total new charges Accounts Receivables Date Type Description 9/25/2008 PAY Payment- Publishing (PrePay) TBD- Receipt # P1253 9/27/2011 Butte County Department of Development Services Trakit payment defined as DP Use Permit Re -Deposit instead of 10:34 AM 'PreBill Worksheet Page 5 UP08-0006:Patricia- Ellen Kuehner (continued) INV Invoice- Planning fee bate Employee Rate Hours Amount Total Task Markup % DNB Time DNB Amt Invoice- Recorder fees Transaction Date: January 2010 PAY Payment- Recorder fees- Receipt # P1253 1/25/2010 SJolliffe 163.00 0.50 81.50 Billable N PAY Pay.m,ent- Fish & Game Fees- Receipt #P1253 S 1: Processing and Permit for NOD/NOE following Hearing; spoke with DD about transfer/refund of Fish and Game fees Total: January 2010 0.50 $81.50 TOTAL Billable Fees 32.58 $5,256.02 Do Not Bill 5.33 $838.19 No Charge 0.67 $107.27 Date Employee Price Quantity Amount Total Expense Markup % Transaction Date: November2009 11/3/2009 DLewellen 96.54 1.000 96.54 Billable PUBL Publish in Newspaper - Chico ER F10-070 11/3/09 for 11/12/09 PC Mtg Total: November 2009 TOTAL Billable Costs Total of Fees (Time Charges) Total of Costs (Expense Charges) Total new charges Accounts Receivables Date Type Description 9/25/2008 PAY Payment- Publishing (PrePay) TBD- Receipt # P1253 Trakit payment defined as DP Use Permit Re -Deposit instead of publishing 10/20/2008 INV Invoice- Planning fee 10/20/2008 PAY Payment- Planning fee- Receipt #P1253 10/20/2008 INV Invoice- Recorder fees 10/20/2008 PAY Payment- Recorder fees- Receipt # P1253 10/20/2008 INV Invoice- Fish & Game fees 10/20/2008 PAY Pay.m,ent- Fish & Game Fees- Receipt #P1253 S 1: $96..54 $96.54 Amount Total $5,256.02 $96.54 ($157.40) $3,417.60 ($3,417.60) $50.00 ($50.00) $1,876.75 ($1,876.75) $5,352.56 9/27/2011 Butte County Department of Development Services 10:34 AM 'PreBill Worksheet UP08-0006:Patricia Ellen Kuehner (continued) 3' Total Accounts Receivable Total New Balance Page 6 Amount Total ($157.40) $5,195.16 Page 1 of 1 Lewellen, Diane From: Lewellen, Diane Sent: Tuesday, September 27, 2011 10:57 AM To: . Troester, Steve; DeBrilnner, Deborah; Jolliffe, Stacey Subject: RE: Kuehner UP08-0006 Fees Questions I show that the publishing F10-070 was split between UP06-0017 ($96.54) and UP08-0006 ($96.54) They deposited $157.40 - $96.5.,4 = $60.86 refund due. I do not see that the NOD(E) was ever filed, but there is a copy of unsigned forms in file. I do not see that the F&G Fees were transferred. From: Troester, Steve Sent: Tuesday, September 27, 20119:40 AM To: DeBrunner, Deborah; Jolliffe, Stacey; Lewellen, Diane Subject: Kuehner UP08-0006 Fees Questions The date of the PC hearing publishing was Nov. 2, 2009. Filing of the DF&G Notice of Exemption was prepared, should have cost $50 c., FPO for Publishing was # F10- 070 For $193.08 to Chico Enterprise Record, charged to 440-001;537. The attached file from the project folder may also be useful. I'll return the project hard file to Diane. Steve Troester, Senior Planner Butte County Department of Development Services #25 County Center Drive Oroville, CA, 95965 Office: (530) 538-7150 FAX: (530) 538-2140 stroester ..buttecountv.net DISCLAIMER: This e-mail and any attachment thereto may contain private, confidential and privileged material for the sole use of the intended recipient. Any review, copying, or distribution of this e-mail (or any attachments thereto) by other than the County of Butte or the intended recipient is strictly prohibited. If you are NOT the intended recipient, please contact the sender immediately and permanently delete the original and Jany copies of this e-mail and any attachments thereto. 9/27/2011 Lewellen, Diane From: Troester, Steve Sent: Tuesday, September 27, 2011 9:40 AM To: DeBrunner, Deborah; Jolliffe, Stacey; Lewellen, Diane Subject: Kuehner UP08-6006 Fees Questions Attachments: Publishing Fee Clarification UP08-0006 4-12-2011.pdf The date of the PC hearing publishing was Nov. 2, 2009. Filing of the DF&G Notice of Exemption was prepared, should have cost $50 FPO for Publishing was # F10- 070. For $193.08 to Chico Enterpfise Record, charged to 4440-001;537. The attached file from the project folder may also be useful�P Sq (A P C) 001 I'll return the project hard file to ,Diane. 76.'z U'v Page 1 of 1 o�c-) Steve Troester, Senior Planner Butte County Department of Development Services #25 County Center Drive Oroville, CA, 95965 Office: (530) 538-7150 FAX: (530) 538-2140 stroester(�buttecounty. net PA -a- '4 /57.LICA DISCLAIMER: This e-mail and any attachment thereto may contain private, confidential and privileged material for the sole use of the intended recipient. Any review, copying, or distribution of this e-mail (or any attachments thereto) by other than the County of Butte or the intended recipient is strictly prohibited. If you are NOT the intended recipient, please contact the sender immediately and permanently delete the original and;any copies of this e-mail and any attachments thereto. 9/27/2011 BUTTE COUNTY RECEIPT 7 County Center Drive Oroville, CA 95965 Department of Development Services Phone (530) 538-7541 Fax (530) 538-2140 Receipt Number: P1253 Permit Number: UP08-0006 Job Address: 10 MENZIE LN Applicant: V. Fee Description Account Number QP Fish/Game - Negative Dec '. 1001-0-280-1011460 Printed: 10/20/2008 11:26 am Fee Amount $1,876.75 J DPCR Record Fee Notice of Dtrm 0010-470001-4612319-1010( $50-001 DPAG Use Permit 0010-460001-4612200-1010(. $73.20 DPEHLUP Use Permit 0021-540011-4614901-10101 $455.60 DPFPP Use Permit 0100-450001-0617240-1010( $391.30 DPLDRF Use Permit - 0010-440004-4611700-10101 $189.70 DP Use Permit ' 0010-440001-4210900-10101 $3,417.60 DDP Use Permit FL))oIisnl vy Total Fees Paid: Date Paid: 10/20/2008 ;" J Paid By: Kevin Christopher Reno Trust Pay Method: Check Received By: CJT )10-440001-4210900-1010( 157.40 $6,611.55 1 COU14TY OF BUTTE OROVILLE, CALIFORNIA s U Chico Enterprise Record P P.O. Box 9 L Chico, CA 95927 1 t E Acct# 016410 Fax# 530-891-9247 R .FIELD PURCHASE ORDER Issued By Department G e1 0 TrF/ C NUMBER a O O O O C -,a: O F10- 070 O - p c�UNty County of Butte Department of Development Services 7 County Center Drive Oroville, CA 95965 $ay ) 7 i Accts Payable (530) 538-6869 C -3-)O DATE QNTY INVOICE NUMBER AND DESCRIPTION AMOUNT CHARGE TO W.O. # 10/29/09 NOTICE TO THE PUBLIC $193.08 440-001;537 PLEASE FURNISH TWO COPIES OF THE AFFIDAVIT OF PUBLICATION AND TEAR SHEET - I BUTTE COUNTY PLANNING DIVISION (a p OK -000G 7 COUNTY CENTER DRIVE "� I OROVILLE, CA 95965 5,,)•yip PUBLISH DATE: November 3, 2009 P/C Meeting date: November 12, 2009 Requested by: Stacey Jolliffe 538-6573 Project # UP06-0017 (Omnipoint) APN: 069-360-008 Applicant: Omnipoint $96.54 Project # UP08-0006 Kuehner APN: 062-730=009 Applicant: IKuehner $96.54 TOTALI $193.08 I, the undersigned, hereby certify that, to the best of my knowledge, the services or articles specified above have been performed or delivered or, where authorized, are hereby contracted for and that there is a Budget Appropriation for the same. F10- 070 Date: �,r �epamen a or uonze epu y SUPPLIER NO. 0636 DEPT ACCOUNT NO. PROJECT NO. INVOICE NO. INV. DATE ENCUMBRANCE AMOUNT 1 2 3 4 5 6 Submit WHITE, CANARY and PINK to PURCHASING SERVICES with supplier's invoice. Retain GOLDENROD G:\PROJECTS - APPLICATIONS\UP\Kuehner UP08-0006\Administrative\FPO for Publishing BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING The Butte County Planning Commission will conduct a hearing on November 12, 2009, at 9:00 a.m. in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, CA. Projects to be heard include but are not limited to: Proiect: Use Permit UP06-0017 (Omnipoint Communications) Location: 135 Riverview Drive, east of Oroville, CA Request: To construct and operate a 120' wireless communications tower with 12 panel antennas and associated ground equipment Recommendation: The Butte County Department of Development Services is recommending the project application be denied by the Planning Commission. Such a denial does not require environmental review pursuant to the California Environmental Quality Act (CEQA). Use Permit UP08-0006 (Patricia Kuehner) Location: 10 Menzie Lane (cross street: Bald Rock Rd) Berry Creek, CA Request: To allow an existing 800 sf building plus a 140 s.f. expansion with a 346 sf storage building to be used for a cafe/restaurant, open daily between the hours of 6:00 AM to 9:00 PM Recommendation: The Butte County Department of Development Services is recommending that the Planning Commission find the project categorically exempt from CEQA per a class 3 exemption, and approve the Use Permit The above mentioned applications 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 or send an email to Stacey Jolliffe, (530) 538-7376 or sjolliffe@buttecounty.net. Written comments will be accepted by the Planning Division at the above address. 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. If you challenge any of the above application in court, you may be limited to raising only those issues you or someone else raised at the public hearings described in this notice or in written correspondence delivered to the Planning Commission at, or prior to the public hearings. Butte County Planning Commission Tim Snellings, Director of Development Services LEGAL ADVERTISING INVOICE STATEMENT CHICO ENTERPRISE RECORD 400 EAST PARK AVE. (P.O. BOX 9) CHICO, CA 95927 530-891-1234 ACCOUNT: 016410 Butte County Department of Development Services 7 County Center Dr. Oroville, CA 95965 NOTICE OF PUBLIC HEARING FPO 10-070 PUB. NOVEMBER 3, 2009 18 1/4" P,$10.47/inch $2.00/day INTERNET CHARGE TOTAL DUE $191.08 $2.00 $193.08 (SPACE FOR FILING STAMP -ONLY)_ IN THE SUPERIOR COURT .OF THE STATE OF. CALIFORNIA, IN AND FOR THE COUNTY OF BUTTE SOV. d In The Matter Of 0 P - rr CO NTY PLAN ING'C MISS ON � � I � �' ��'�,OTICE OF`PUBLIC HEARING' �� =g,�� NOTICE OF PUBLIC HEARING. the,Butte_CountyP.aanrnnoCCommission willconducta#hear AFFIDAVIT OF PUBLICATION State of California SS. County of Butte The undersigned resident of the county of Butte, State of California, says: That I am, and at all time herein mentioned Was a citizen of the United States and not a party To nor interested in the above entitled matter; That'I am the principal clerk of the printer and Publisher of The Chico Enterprise -Record The Oroville Mercury -Register That said newspaper is one of general circula- Tion as defined by Section 6.000 Government Code of the State of California, Case No. 26796 By the Superior Court of the State of California, In and for the County of Butte; that said newspa- Per at all times herein mentioned was printed., And published daily in the City of Chico and County of Butte; that the notice of which the Annexed is a true.printed copy, was published in Said newspaper on the following days: NOVEMBER 3, 2009. Dated November 3, 2009. At Chico, California. dAAAJ''. ALA��=' (Signature) BUTTE COUNTY RECEIPT *RECEIPT NUMBER PREFIXES* B/P = Development Services - Building/Planning Division (530)538-7601 EH = Environmental Health (530)538-7281 PW = Public Works Department (530)538-7681 Receipt Number: P1253 Date Paid: 10/20/2008 Paid By: Kevin Christopher Reno Trust Received By: CJT Project Number: UP08-0006 Pay Method: Check 1352 Site Apn: 062-730-009 Description: Cafe in U Zone, Berry Crk. Site Address: 10 MENZIE LN BERRY CREEK, CA 95916 Applicant: KUEHNER, PATRICIA Fee Description Account Number DP Fish/Game - Negative Dec '. 1001-0-280-1011460 DP Use Permit 0010-440001-4210900-101001 _ DP Usermit Re -Deposit 0010-440001-4210900-101001 DPAG Use Permit 0010-460001-4612200-101001 DPCR Record Fee Notice of Dtrm 0010-470001-4612319-101001 DPEHLUP Use Permit 0021-540011-4614901-101001 DPFPP Use Permit 0100-450001-4617240-101001 DPLDRF Use Permit 0010-440004-4611700-101001 Printed: 5/2/2011 12:48 pm Fee Amount $1,876.75 $3,417.60 $157.40 $73.20 $50.00 $455.60 $391.30 $189.70 Total Fees Paid: $69611.55 BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING The Butte County Planning Commission will conduct a hearing on November 12, 2009, at 9:00 a.m. in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, CA. Projects to be heard include but are not limited to: Proiect: Use Permit UP06-0017 (Omnipoint Communications) Location: 135 Riverview Drive, east of Oroville, CA Request: To construct and operate a 120' wireless communications tower with 12 panel antennas and associated ground equipment Recommendation: The Butte County Department of Development Services is recommending the project application be denied by the Planning Commission. Such a denial does not require environmental review pursuant to the California Environmental Quality Act (CEQA). Use Permit UP08-0006 (Patricia Kuehner) _ _ Location: 10 Menzie Lane (cross street: Bald Rock Rd) Berry Creek, CA Request: To allow an existing 800 sf building plus a 140 s.f. expansion with a 346 sf storage building to be used for a cafe/restaurant, open daily between the hours of 6:00 AM to 9:00 PM Recommendation: The Butte County Department of Development Services is recommending that the Planning Commission find the project categorically exempt from CEQA per a class 3 exemption, and approve the Use Permit The above mentioned applications 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 or send an email to Stacey Jolliffe, (530) 538-7376 or sjolliffe@buttecounty.net. Written comments will be accepted by the Planning Division at the above address. 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. If you challenge any of the above application in court,. you may be limited to raising only those issues you or someone else raised at the public hearings described in this notice or " in written correspondence delivered to the Planning Commission at; or prior to the public hearings. Butte County Planning Commission Tim Snellings, Director of Development Services To be published one time only in the Oroville Mercury Register on Monday, November 2, 2009. COUNTY OF BUTTE c OFFICE OF PLANNING DEPARTMENT uj 7 COUNTY CENTER DRIVE 00 v, OROVILLE, CALIFORNIA 95965-3397 � _ ` a u, RETURN SERVICE REQUESTED PUBLIC HEARING NOTICE HOLLAND JEFFREY D PO BOX 6377 OROVILLE CA.95966 N t.XgE 997 DG 1 00 11JC19 �9 RETURN 'TO SENDER NOT DELZVERADL.E AS ADDRESSED UNABLE TO FORWARO Do: 939t sa39799 *1072-02920-00-42 016H26513456 $00.414 10/30/2009 G Mailed From 95965 US POSTAGE =Ci N 0 Butte County Department of Development Services OFFICE OF PLANNING DEPARTMENT 7 County Center Drive Oroville, CA 95965 RETURN SERVICE REQUESTED PUBLIC HEARING NOTICE GEHRINGER NELLY R 450 E ARBOR AVE SUNNYVALI---`—^ X' 953 r NF'L' 1 'AO91 '00 "11./'07./'09 FORWARD TIME EXR RTN TO SEND GEHRINGER 20954 COMANCHE TRL LOS GATOSS CA 35003-8806 RETUR . TO SENDER 34oe� ►1,1,,,1,1,1,1,,,11,,.,1,1,,,11,,,11,1,1„1,,,11,1„1,1.,,,11„1 H ' 016H26513456 BUTTE UJ v r $00.414 COUNTY tu d = 10/30/2009 NOV O One W a Mailed From 95965 US POSTAGE DEVELOPMENT SERVICES GEHRINGER NELLY R 450 E ARBOR AVE SUNNYVALI---`—^ X' 953 r NF'L' 1 'AO91 '00 "11./'07./'09 FORWARD TIME EXR RTN TO SEND GEHRINGER 20954 COMANCHE TRL LOS GATOSS CA 35003-8806 RETUR . TO SENDER 34oe� ►1,1,,,1,1,1,1,,,11,,.,1,1,,,11,,,11,1,1„1,,,11,1„1,1.,,,11„1 Butte County Department of Development Services OFFICE OF PLANNING DEPARTMENT 7 County Center Drive Oroville, CA 95965 RETURN SERVICE REQUESTED PUBLIC HEARING NOTICE We 7 j:r- rti�r F<< ►�:� •�� `•tom BIITTE cOIINTy NOV 10 2009 016H26513456 41 $ 00.414_ 10/30/2009 Mailed from 95965 US POSTAGE DEVELppNff,NT CFAAARK JENNIFER & AARON 167 RIVERVIEW DR OROVILLE 9.57 NFE 1 'AO91 'OQ '111'07./'09 RETURN TO SENDER HALLMARK aa1 PENDERQAaT LN OROVILLE CA 9S966-8299 RETURN TO SENDER ' G n � `{ / � . � / ' � ` - Butte County Department of Development Services OFFICE OF PLANNING DEPARTMENT 7 County Center Drive Oroville, CA 95965 RETURN SERVICE REQUESTED PUBLIC HEARING NOTICE LULL FAMILY TRUST 283 KELLY RIDGE RD OROVILLE Ci- 9a.3653Ci GU) "" 016H26513456 LU $00.414 00 lu 10/30!2009 a a: Ntailed From 95965 AJS POSTAGE BUTTE COUNTY NOV 10 2009 DEVELOPIMENT SnViCES X '957 NFE- 1 ' 9081 '00-111'071'09 FORWARD TIME .EXR RTN TO SEND LULL 1291 BENTLEY ST CONCORD CA 94SIS-3911 RETURN TO SENDER \ u.r Butte County Department of_Development_Services OFFICE OF PLANNING DEPARTMENT 7 County Center Drive Oroville, CA 95965 RETURN SERVICE REQUESTED 01 ,,PUBLIC HEARING NOTICE Bu COUIIN Y NOV 0 9 1G�, DEVELOPW.{EN'_ SERV(�yc '�S � 6 :a E"3�5 �r►7 oN 016H26513456 W h Wv N *�'� = 10/30/2009 aLLMailed From 95965 US POSTAGE HIRONI US DAVID R & BESSIE R JT 3 CHER Y LSI OtR OVj0-IE CA 9965 k 957 NDE 1 109C 02 11107.!09 RETURN TO SENDER HIRON;IMUS 2 400 BIRD ST OROVXLLE CA 95985-4900 RETURN TO SENDER ll�l►�;I�I�I,I���iI,�,I�I��,II���ILI�I��i���tl�i��l�i��.� t' � ,� --. ,� --. Butte County Department of Development Services OFFICE OF PLANNING DEPARTMENT 7 County Center Drive Oroville, CA 95965 RETURN SERVICE REQUESTED PUBLICI HEARING NOTICE BUTrE COUNTY NOV 0 9 2009 DEVELOPMENT SERVICES SULLIVAN ARLENE ETAL 16 MENZIE LN BERRY CREEK CA 95916 016H26513456 $ UUA 12' 10/30/2009 Mailed From 95965 AJS (POSTAGE AESxIM 957 0. 1 00 X5.+08/09 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD 0c: 959SS309799 kiE37�-gc^7!37-c30-$^� EXHIBIT A RESOLUTION 09 - 48 A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING USE PERMIT 08-0006(Kuehner) WHEREAS, the Planning Commission has considered Use Permit 08-0006 to operate an cafd/restaurant within a building previously utilized for commercial activities at APN062-730- 009; and WHEREAS, the Planning Commission has considered an exemption from the provisions of the California Environmental Quality Act; and WHEREAS, said Use Permit was referred to various affected public and private agencies,_ County departments, and referral agencies for review and comments; and WHEREAS, a duly noticed public hearing was held on November 12, 2009; and WHEREAS, the Planning Commission has considered public comments, a report from the Planning Division, .and a neighborhood petition from residents of Berry Creel: NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission; I. Finds the Project to be a class 3 exemption pursuant to CEQA because: A. It consists of the conversion of existing small structures from one use to another where only minor modifications are made to the exterior of the structure. It specifically complies with subsection ( c) as a store, hotel, office, restaurant or similar structure not involving the use of significant amounts of hazardous substances, and not exceeding 2500 square feet in floor area. The property also contains an existing single-family home- consistent omeconsistent with subsection 15303(a) which allows one single-family residence. B. Minor modifications to the exterior of the structure include replacing garage doors with windows, graveling the parking area, placing concrete for a small patio on the east of the cafe, a disabled parking space, and an access drive apron onto Menzie Lane, expansion of the septic system, and potentially adding 1.40 square feet to the building as/if necessary for public bathrooms. Although most of the materials associated with the former recycling use have already been removed; remaining debris, a `fifth wheel' trailer, and abandoned vehicles from the previous property owner will be removed. No trees will be removed. No grading is necessary for site preparation. The site is level and highly disturbed. Page 1 of 6 II. The collection of fees pursuant to Fish and Game Code Section 711.4 is not required for the project. III. Approve the Use Permit 03-0006 to operate a cafe/restaurant APN 062-730-009, subject to the following findings and the conditions found in Exhibit `B": A. The proposed uses of the property will not impair the integrity and character of the zone in which the land lies. The project is in accordance with the purpose and intent of the Unclassified (U) zone in which allows commercial uses of land or building with approval of a Use Permit; this Use Perm-' 'I is warranted because the public assembly associated with the proposed restaurant is compatible with and beneficial to the project site's residentia; setting. B. The use would not be unreasonably incompatible with, or injurious to, surrounding .properties. The cafe/restaurant would be located within an existing building and would not involve substantial changes to scale, bull or coverage of the built environment. The cafe is at a small scale, with. an 800 sf building, and a maximum of thirty (30) chairs. The project does not entail the removal of any trees or riparian vegetation, nor will it impact any vernal pools. There is adequate room.for on-site parking in association with the proposed use. Bald Rock Road provides good vehicular access. C. The proposed uses of the property would not be detrimental to the health and general welfare of the persons residing or working in the neighborhood or to the general health, welfare and safety of the county. No additional public facilities, services or utilities are needed to accommodate this project. The Environmental Health Division of Public Health has determined that on-site soils are adequate to accommodate an expanded septic system needed to serve the project. No adverse health, safety or welfare impacts to the neighborhood or county have been identified in association with the project. D. The project is conditionally -consistent with the Butte County General Plan and meets the five conditional zoning and development criteria listed for the Agricultural Residential designation. 1. Compatible with neighboring agricultural activities. The project site is not adjacent to agricultural activities. 2. Evidence of adequate water and sewage disposal capacity. The Environmental Health Division of the Public Health Department has given pre -application clearance to this project. It has indicated adequate soils existing for expansion of the septic system to serve the project and that adequate water is also available. Availability of adequate fire protection facilities. CalFire has reviewed the proposal, and the use permit been conditioned to comply with Public Page 2 of 6 Resources Code 4290 & 4291, Current California Fire Code, and Current Butte County Improvement Standards. The nearest fire station is the Kelly Ridge Fire Station 61, a volunteer station, located approximately 4,000 feet southeast on Rockerfeller Road. 4, Adequately maintained approved road access with sufficient capacity to service area. The proposed restaurant use would not substantially increase traffic on local roadways or result in inadequate roadway or parking capacity., The project's location at the intersection of Menzie Lane and Bald Rock Road will provide easy access to the site from an arterial roadway and therefore will not measurably increase traffic on nearly residential ,streets. Vehicular trips,from the previously permitted recycling center would largelyoffset increased trips associated with the restaurant. Reasonable accessibility to commercial services and schools. The project Will increase commercial services for the Berry Creek Community. As a commercial use, the project will not generate demand for schools. A market is located approximately 4, 000 ,l2 west of Bald Rock Road; on Bald Rock Road. Expanded commercial services are available in the Oroville area. DULY PASSED AND ADOPTED this 12°i day of November, 2009, by the following vote: AYES; Commissioners Becker, Moore, Nelson, and Wilson NOES: none ABSENT; Marin. ABSTAIN: none ChIr'les S. Nelson, Vice -Chair Planning Commission County of Butte, State of California ATTEY Tim Snelli,ngs, Secretary Planning Commission County of Butte, State of California Page 3 of 6 EXHIBIT B USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP08-0006 (KUEHNER)) PERMIT NO. ASSESSOR'S PARCEL NO. 062-730-009 Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below Patricia Kuehner is hereby granted a Use Permit to operate a 940s.f. cafd/restaurant with 346 s.f. storage area between the hours of 6:00 AM to 9:00 PM with maximum customer occupancy of thirty (30) customers/chairs, all consistent with the site plan dated October 29, 2008 and as amended by these conditions of approval. Standard Conditions 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this Use Permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this permit must be established within two years of the date of approval. 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 consistent with conditions of approval herein, 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 require time limits which exceed one year. Upon application, and for good cause by the Permittee, at a public hearing, the Planning Page 4 of 6 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 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. 7. The Butte County Planning Commission hereby reserves ongoing jurisdiction over this Use Permit. The Commission may, at its own discretion, and following a noticed public hearing, revoke this Use Permit, and/or add additional conditions of approval, or modify existing conditions of approval, upon receipt of written complaints or other evidence of adverse impacts upon surrounding properties or the public health, safety or welfare. 'Conditions of Approval: Planning Division 1. Parking space for a minimum of twelve (12) vehicles shall be provided on the property for the 940 s.f restaurant with occupancy of 30 persons; two spaces for the residential use, nine regular spaces for the restaurant, and one space meeting the requirements for disabled persons for the restaurant. Restaurant seating and occupancy capacity will not exceed 30 persons until/unless parking is expanded to meet additional occupancy needs and all other requirements of the current Butte County Code are met. 2. The building permit site plan for the proposed restaurant/cafe shall generally conform to the site plan approved by this Use Permit 3. Signage shall be limited to monument signage and/or building mounted signage (pole signage is not permitted) with the total text area not exceeding twenty-five (25) s.f. 4. All outdoor trash storage and collection facilities shall be enclosed by a solid masonry or view -obscuring fence at least one (1) foot higher than the trash container. 5. The applicants shall comply with all other applicable State and local statutes, ordinances, and regulations. Building Division 6. An application for a building permit for the proposed expansion shall be obtained prior to any construction. Public Works 7. Prior to establishing use, obtain an encroachment permit and construct a public road connection similar to a county standard S-31 driveway. Paving shall consist of 2" AC, 8" AB, prime coat, fog seal and 95 % relative compaction. 8. Prior to establishing use, relinquish abutter's rights of access to Butte County along the Bald Rock Road frontage of parcel. Page 5 of 6 9. Prior to establishing use, 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 onsite 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 peals flow runoff to said channel or facility. California Department of Forestry 10. Prior occupancy, the project must demonstrate compliance with Public Resources Code 4290 & 4291, Current California Fire Code, and Current Butte County Improvement Standards. Environmental Health 11. The owner/applicant for the project must submit plans and plan check fees to Environmental Health for approval, and meet all applicable requirements of the California Retail Food Code. County Counsel 12. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicants or any other developer/operator other than the applicants agree to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. I hereby declare under penalty of perjury I have read the foregoing conditions, they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Dated: Applicant NOTE: Issuance of this Use Permit does not waive requirements of obtaining Building and Health Department permits, nor does it waive any other requirements. Page 6 of 6 { 3 LEAD IN'SHEET & COMMENT DISTRIBUTIOILIST FILE NO: UP08-0006 APN: 062-730-009 APPLICANT: KUEHNER, PATRICIA OWNER: KUEHNER, PATRICIA PROJECT DESCRIPTION & LOCATION: The owner requests a use permit to allow an existing 800 square foot (SF) building (20'X 40') with a 346 SF storage building on a +/-0.8-acre site in the AR/U. The building was previously used as a recycling center via UP 97-01. The site is located on the northeast corner of the intersection of Menzie Lane and Bald Rock Road in Berry Creek. The applicant is requesting a permit which would allow a cafe/restaurant with daily operations, to be open 6:00 AM to 9:00 PM. The business would have a maximum of three staff at any given time, one waitress/cook (the owner), one full-time waitress, and one part-time weekend dish washer. The business is proposed to have 2 counters with three seats each and is tables with four (4) chairs each for total customer occupancy of thirty (30) customers/chairs. Access to the business and parking area will be only off Menzie Lane. A separate Parking Layout diagram is provided showing nine (9) regular spaces with road -base surface and one (1) paved handicapped space and access walkway. The cafe'/restaurant will have one male and one female bathroom. An on-site pole sign is proposed on the southwest corner of the site, that complies with the 20' front setback from the frontages of Menzie Lane and Bald Rock Road respectively. The design and exact location and materials for the sign will follow and be distributed for comment and conditioning. There is also an existing 1,196 SF residence with garage on the northern portion of the site, approximately 30' from the proposed cafe. CDF/Butte County Fire Station #61 is 3/4 mile southeast of the site at 297 Rockefeller Road. Informal petitions, containing 260 signatures in support of the proposed use were submitted, along with a letter of support from the Berry Creek Community Association. The Berry Creek Fire-Reseue Volunteer Company #61 provided a letter of comment assuring adequate f re response capability. SIZE: +/-0.8 acres SUPERVISORIAL DISTRICT: 1 EXISTING ZONING: U GENERAL PLAN DESIGNATION: AR ASSIGNED PLANNER: Steve Troester Date Application Received: 10/20/2008 Date Project Assigned: 10-24-08 IDR Date: November_5, 2008 30 Day Complete: 11-20-08 Tentative Hearing Date: COMMENT DISTRIBUTION LIST =,t Richvale Irrigation Dist. ❑ Sewer: County Offices and Cities: ❑ LOAPUD ® Environmental Health ❑ County Counsel ® LAFCo ❑ City of Biggs ® Agricultural Commissioner ❑ City of Chico ® Public Works/Land Dev ❑ City of Gridley ® Assessor's Office - Mapping ❑ City of Oroville ❑ Planning Division Staff ❑ Town of Paradise ❑ Building Manager ❑ U.S. Forest Service Fire Protection: ® CalFire ❑ El Medio Fire Protection District Domestic Water: ❑ S.F.W & P. Agency (OWID) ❑ Butte Water District ❑ California Water Service Co. ❑ Thermalito Irrigation District Utilities: ❑ PG&E North & South - Chico ❑ Irrigation District: ❑ Biggs / West Gridley Water ❑ ❑ Richvale Irrigation Dist. ❑ Sewer: ❑ LOAPUD ❑ ❑ City of Chico (Sewer) ❑ Drainage Districts: ❑ Sacramento & San Joaquin ❑ Drainage Dist. ❑ Reclamation District No. 2054 ❑ State Agencies: ❑ CalTrans ❑ ❑ Dept. of Conservation ❑ Federal Agencies: ❑ U.S. Forest Service ❑ ❑ USFWS ❑ Other Districts, Agencies, Committees: ❑ ❑ AT&T Durham Irrigation Dist. Table Mountain Irrigation Dist. Sterling City Sewer Main City of Oroville (Sewer) Drainage District 200 Reclamation District No. 2056 Dept. of Water Resources U.S. Bureau of Management Army Corp. of Engineers ❑ BCAG ❑ ALUC ❑ APCD ❑ Butte Co. Farm Bureau ❑ Chico Airport Commission ❑ Chief Administrative Officer ❑ Del Oro Water Co. El FE ❑ Paradise Irrigation Dist. El ❑ Skansen Subdivision (CSA 21) ❑ SCOR ❑ Reclamation District No. 833 0 ❑ Dept. of Fish & Game El Land ❑ EPA 0 0 G:\PROJECTS\Trakit Merge Documents\Drafts\Lead In Sheet & Comment Distribution List.doc r Butte Counop Department o" evelopment Services �u T tF TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR o \��� Wy1 o 7 County Center Drive o , o Oroville, CA 95965 0 _ o (530) 538-7601 Telephone o (530) 538-7785 Facsimile PROJECT INFORMATIONProject # Pow o0 0 G APPLI NT'S NAME: (If applicant is different from owner an affidavit is required.) ASSESSOR'S PARCEL NUMBER: ADDRESS: STREET, CITY, STATE, &ZIP CO arc EE i'/G TELEPHONE: (S3v) S - -Oed/ E-M FAX: p OWNER' AME:TELEPHONE: f9Tie/ L �� �-W tIv ADDRESS: gTREET, CITY, STATE, & ZIIP CODE: PROPERTY INFORMATION NAME F PROPOSED PROJE (if any) 0 SITE SIZE (in square feet or acres - A? er e- L047ATION OF PROJECT (major cross streets and address, if any) /0 MAI?- %e,L.q/ - CkoSS Ei-ot e -T - E4 Dc k� ZONE ,(.L GENERAL PLAN 'PiISTING LAND USE Ll p P OPOSED LAND USE _ �� �� " fu�G�-(UE ((y%ZD -f ( EXISTING STRUCTURES (square feet) PROPOSED STRUCTURES ( square feet) UNDER WILLIAMSON ACT CONTRACT //,�/6 S j ❑ Yes ❑ No (Check One) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER PROPERTY IS OR PROPOSED TO BE ON SEPTIC PROPERTY IS OR PROPOSED TO BE ON WELL WATER APPLICATION TYPE ❑ ADMINISTRATIVE PERMIT ❑ TENTATIVE SUBDIVISION MAP ❑ LEGAL LOT DETERMINATION ❑ TENTATIVE PARCEL MAP NJ USE PERMIT ❑ WAIVER OF PARCEL MAP ❑ MINOR USE PERMIT MITT ❑ CERTIFICATE OF CORRECTION ❑ REZONE ❑ COMMUNICATIONS FACILITY UP/MUP ` " C01J141TtY, Q ❑ VARIANCE oC 1 2� �GO8 ❑ GENERAL PLAN AMENDMENT �+ ❑ MINOR VARIANCE 'g ❑ MINING AND RECLAMATION PLAN ❑ LOT LINE ADJUSTMENT DV,Vy VICES ❑ DEVELOPMENT AGREEMENT ❑ CERTIFICATE OF MERGER ❑ 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.) S 9L /— L Z I1 C w r" 3 57— e- a i n OWNER CERTIFICATION I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER I ACKNOWLEDGE THE FILING OF THIS APPLICATION AN RT THAT ALL OF THE ABOVE INFORMATION IS TRUE AND ACCURATE. (If an agent is to be authorized, execute an affi it of autho ization and include theffid it with this application.) DATE: (0- 10 -013 SIGNAT . Characteristics of Pat's Bald Rock Cafe 7, Open - '�hes�"d��&ay - closed Monday for Cleaning Hours - 6am - t pei Basic- Breakfast and Lunch Employee's - 3 1- Waitress/Cook — Full time 1- Waitress — Full time 1- Week -end Dish washer — part time 30 Seats ( 2 counters -3 seats at each ) (6 tables - 4 chairs at each table ) 9 - Parking spaces 1 - Handicap parking space 2 - Handicap bathrooms ( 1- Male & 1- Female) 04 4 J44U Cr 1 La S e rr y Cr Pe k a a'r Agreement For Butte County Archaeological Resources Project Review By The Northeast Information Center (NEIC) The California Environmntal Quality Act (CEQA) is the California State statute that requires the Butte County Dep ent of Development Services to perform an en 'ronmental review on all discretionary land use projects, to identify the significant env' onmental impacts of the project and to avoid or miti to those impacts, if feasible. Every development project wh h requires a discretionary governmental approval will require at least some a ironmental review pursuant to CEQA, unless an exemption a lies. The environmental review required imposes both procedural an substantive requirements. At a minimum, an initial review of th project and its environmental effects must be conducted. Dependin pon the potential effects, a further and more substantial review may a conducted in the form of an environmental impact report (E . A project may not be approved if feasible alternatives or mitigation m sures cannot substantially lessen the significant environmenta effects of the project. At the state level, CEQA requires that public agencies c nsider the effects of their actions on historical resources a 'gible for listing on the California Register of Historical Resources. "Historical re urce" refers to buildings, structures, sites (prehistoric d historic), objects, districts, and all manner of properties containing material re ainsNpf past human life or activity. The Department of Development Servic utilizes the Northeast Information Cent (NEIC) of the California Historical Resources Information System (CHRIS) to identify pro cts that may have archaeological signifi ❑ce. The CHRIS is a statewide system for managing information on the full range of historical res- rces identified in California. This sy em is under the authority and direction of the Office of Historic Preservation (OHP), the State Historic reservation Officer (SHPO), Ye State Historical Resources Commission (SHBG). The Northeast Center of the CHRIS system, located a California State University, manages the historical resource records for 11 counties, including Butte County. The Northeast Information Center will furnish a Ri and sensitivity of the applicant's project area and warranted. If further archaeological survey is req' survey is completed and reviewed. The Department of Development Services will forward required for the Records Search to NEIC. NEIC will Services will notify the applicant if further archaeo archaeological survey work. Search to Develo ent Services indicating the archaeological/historical significance ionally providind a recommendation as to whether further archaeological survey is the applicatio would be considered incomplete until the appropriate archaeological 1te`payment (by check) of $75.00 and relevant project application information the results of the Records Search to Development Services. Development survey is warranted. The $75.00 fee does not cover the cost of further If further archaeological survey work is re2red Devel ment St. ices will work with the applicant to see that it is accomplished, according to set standards, by a qualified archaeologiapp cant shall b\provid ts associated with further archaeological survey work required to continue processing of the planning projecati n. THIS FORM MUST BE ACCOMPANIED BY OF A 7.5' TOPOTH THE PROJECT AREA OUTLINED. THIS IS USED DURING THE REVIEW TO RESEARCH CULTURAL SITES. The undersigned applicant for the projectntified below has understood the Butte County_ Archaeological Resources Project Review process and agrees to fund the reqecord Search to bd by NEIC. payment to NEIC forthis Records Sgdrch would result in the planning $75—A9-R,ecords Search fee along wi any related fees associated with n pp irTt Signature la e e Applicant PRINTED Name Check Number Planner, File N er Revised /05/06 K:1P1 anning\FORMS\Appl ications\ProjectlnfoFonn_Agent_NEIC.doc x for NEIC to perform the Records Search. Failure of ication to be considered incomplete until payment of the (returned check charges, etc.) paid in full to NEIC. Date WA01",l" wt (d1 -UC -&T -E0 Pyo ko OLIrr-vruo-C C,a ►�,� S qzo-C/tLof,( C,Lss \c,(;; I r lei I N,14 C2 6 06Z-- 730-00'7 D 1qonZi e Lair g rr Cree 1 ' 0 . bAL 1-_ O 58 3 1 cd � cel '1500I RA Q.Iu4 1 . Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile APPLICATION PACKET FOR USE PERMIT OR MINOR USE PERMIT ApplicantNarn:Rr& le /k� (, h(w i6,Lh A e.p- Project Number: (Md8 - a)6-6 Check One USE PERMIT ❑ MINOR USE PERMIT APPLICATION PACKET CHECKLIST The applicant should discuss the application requirements with Department of Development Services, Public Works and Environmental Health staff prior to preparing this application. Please note that acceptance of your application is not an indication of approval. Application packets with missing components cannot be accepted. Include this checklist along with your submittal. Applicant Planner 1. 1:13Complete a Pre -Application Review with the Environmental Health Division and provide • evidence of meeting their requirements for sewage disposal and water supply in one of the following ways: W A pre -application completion letter from Environmental Health ❑ A Willing and Able to Serve Letter from the appropriate utility district A completed cooperative agreement for annexation into a utility district 2. ❑ A completed, signed Project Information Form. ❑ ❑ A complete Project Setting Description (instructions attached). If the application is signed by an agent for the owner, an agent authorization form must be No T�((� submitted along with the application. The application cannot be accepted unless signed by the owner or authorized agent. 5r n A signed agreement for Butte County Archaeological Resources Project Review by the iV Northeast Information Center (NEIC) accompanied by its required topographic map and a check in the amount of $75.00 made out to "NEIC". Applicant Planner 7. ❑ ❑ Payment of the currently required Application Fees and/or Deposits. Make checks payable to "Butte County Treasurer". Public Fee Schedule is available under "Fees" at: http://www.buttecounly.net/dds/Planning/ required prior to issuance of the use permit. Additional fees for publication notices will be Application fees are non-refundable. Applicant's Initials ❑ A creation document for the project parcel and evidence of current property ownership. I. ❑ ❑ SITE PLAN: Thirty (30) copies of a site map drawn to standard engineering scale (e.g., 1" = 20'). Additional copies of the map shall be made available to county departments upon request. All maps shall be drawn on uniform size sheets no less than 11"x17" and nor� than 24" X 36", folded to 8 'h" x 11 ". In addition, a digital copy of the map and aerial photographs are encouraged. The detailed man must include: a. Er ❑ Name and business address of the applicant, engineer or person who prepared the map. b. ❑ Assessor Parcel Number(s); street address (if available); tract name and date (if applicable); and/or Township, Range and Section numbers. c ✓ ❑ Proposed use and/or uses of the property. d. 0 ❑ A vicinity map indicating the location of the land in relation to the nearest major roads and/or significant topographic features in the surrounding area or region. e• ❑ Property lines, lot dimensions and any applicable easements of record or proposed. f. ❑ Dimensioned locations of existing and proposed public and private improvements on the property (including, but not limited to, buildings, driveways, roads, parking areas, wells, septic tanks, sewer lines, leach fields, utilities, signage, storm drainage systems and lighting. g. ❑ Location of all water features including, but not limited to, natural and human -made drainage courses, irrigation canals, ponds, creeks, sloughs; topographic features including, but not limited to, buttes, slopes > 30%, rock out-croppings; and existing vegetation, such as oak trees greater than 5" in diameter and agricultural crops. h. v ❑ Distances between any significant natural and constructed features of the property, such as streets, access roads, streams, rock outcroppings, major tree stands, storm drains, bodies of water, railroads, and their relationship to the property lines. I• ❑ Location, height, and materials of walls and fences (sections may be required). j• ❑ ❑ Internal circulation pattern, if applicable. k U ❑ Existing fire hydrants within 1000 feet. 1. ❑ Approximate location of all buildings, wells, septic tanks and leach fields within 100 feet, on ad'acent properties. m - ❑v ❑ All driveways, drawn to scale, on properties within 100 feet of the site. n. ❑ Existing curbs, gutters, sidewalks and road surface widths on-site or on properties within 100 feet of the site. o• '' ❑ Any existing faults or fractures and geologic hazards. P- ❑ Elevation contours, at an appropriate vertical scale. q• ❑ Indicate at least one route from the property to a publicly -maintained road. r• ❑ Off-street parking pursuant to county code. s• ❑ Indicate scale and include a north arrow oriented to the top of the sheet. t• [00" ❑ All maps must be clear and legible. Applicant Planner 9. ❑ ❑ Building Elevations 10. ❑ ❑ If applicable, provide a proposed landscaping and irrigation plan on a separate sheet. 11. Er ❑ If applicable, provide a conceptual grading plan. Items to be shown on the plan include: a. ❑ Natural areas to be preserved. b. IJ ❑ Proposed cut and fill areas in contrasting colors or patterns. c. 1 ❑ Existing and proposed contours at an appropriate vertical scale within the project and on adjacent properties within 100 feet of the project boundaries. d. ED ❑ Proposed drainage and flood control facilities. e. LJ ❑ Erosion control measures and best management practices (e.g., - slope landscaping). f. L"J ❑ Natural drainage. g. LJ ❑ Location of retaining walls, drainage channels and existing structures. h. LJ ❑ Location, elevation and size of proposed building pads. Additional information may be required in order to clarify, correct or 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. Additional fees may be collected for the California Department of Fish and Game at the time of recording the Notice of Determination as required by Public Resource Code (PRC) section 21089 (b). Please call the Planning Division of the Department of Development Services at (530) 538- 7601 if you have any questions about these requirements. 3 w 1 Signature: Applicant/Represe ative Signature: Cvf1� i/L� Planner Receiving plication K:\Planning\FORMS\APPLICATIONS\UsePennit_MinorUP.doc Revised 0726/06 4 Date: Date: I w 1 Signature: Applicant/Represe ative Signature: Cvf1� i/L� Planner Receiving plication K:\Planning\FORMS\APPLICATIONS\UsePennit_MinorUP.doc Revised 0726/06 4 Date: Date: Y Pat's Bald Rock Cafe 10 Menzie Ln Berry Creek, Ca 95916 Berry Creek Citizens in Support of Pat's Bald Rock Cafe We as citizens of Berry Creek and Neighbors of the Cafe . here by sign and Support the Cafe located at: 10 Menzie Ln RU TTE COUNTY 4�5 OCT 2 0 2008 DEVXLOMENT VICES Hi ! My name is Patricia Kuehner, Many of you know me, I have lived in this Community for the past 14 years and have tried to make it a better Community, for all. I am trying to open a Cafe, which will serve Breakfast and lunch to our community. It will be located on the corner of Bald Rock Rd and Menzie Ln. Open from 6am til 3 pm 6 days a week This Petition is to ask the Community to support me by letting myself and Butte County that we want Pat's Bald Rock Cafe Here. Please sign your name and address below _w 4_ rowel=---------=-----�fi�-rada �--� L------------------------- --------------__ -s11---------------------- _z1 �/JCIL -----Y'�---- t --- --rte - '=j1 --------- ---------------- z_ �G ------------------ L& --h---------------------------------------- zUC ]RUTTZ COUNTY OCT 2 U 2008 A 'Hi l-Myname is lPatriciwuehner, Many of you kno ne, I have lived in this Community for the past 14 years and have tried to make it a better Community, for all. I ant trying to open a Cafe, which will sera? Breakfast and Lunch to our community. It will be located on the corner of SU'rTF, COUNTY d Bald Rock Rd and Menzie Ln. ®pen from 6am til 3pm 6 days a week qEnT DIEVV This Petition is to ask the Community to support me by letting myge* Butte County know that we want Pats Bald Rock Cafe Please sign your name and address below YO 10 --- - . x --- .--_- --_.eta,�.s��---�'`�--1�------------ --__ - --- �__ n `_� �afl-_--- Oar► 3Ov y Vt � S `Wt v L C Ou-�' --- -- - --- --- ------_�-----�------�---- -� -�-- ------------------- ecI -------------- W l Zi f I �< P - < ' -_-- - Bc 76 ------- 2-W 2 C ---- s --------- --- ------ ------ - �-- ------ ----- -G- ---------------- ----------------------- ------ ------------------- ---- � - --1=- - --� - •a,r �S _ ►moi - -- ------ -- - - ----------------- ----------- -' -------------------- -- - - - -- - - - - ----------�°T� �� -------- -- --- _ ---- -'------------------------------------------------------------ w ______________ -------------------- --------- _________ -- ----------- --- - - - ------------ -----_-----------------------' ------------------------ ------------------------ --- ------' --------_--------------- . --_---___------�� -�---- ------------------ - --------------------------- --------- --=r-�.--- - I Hi,!- My name-'is-PatricWuehner, Many of you knoOne, I have lived in 'this Community for the past 14 years and have tried to make it a better Community, for all. I am trying to open a Cafe, which will serve Breakfast and Lunc�o9w community. It will be located on the corner of Bald Rock Rd and Menzie Ln. OCT 2 0 2008 Open from 6am til 3pm 6 days a week DEVNT V S This Petition is to ask the Community to support me by letting myself and Butte County know that we want Pat°s Bald Rock Cafe Please sign your name and address below L�Iza-o ------------- ---- �z D &\m 6,0'u - e - -----,C--- r--------.- ---------------------- ------------- ------------ - l 1 1--- Lb------------- (1-1 __ O g��L _-I &----- --------------- -----------------------21'6 -c-da ---------- - ----- ---- --- -----------=------------------ m 0 C i5 4 41txP5 64 IV Ib �r ----- =- ---------- yqk _Zr_�I� - __ CO ----- = ---= �6 - -- l_�_ ---- -- ---- ---- ---------AL ----------- ` - - ---� - - 0).6 ------- -------- �G-"-u---- '.7 C--- ------- ---------------- FZ4c �O t---- 777-fll C.. -------------------- - --s -----inn r �---- -------------------�_ ---�---------------------------- - ----- -- -- ---- -- -�—----------------------- - ._lgc --- --- ------------ .4 ---------------------1=� C��- = --- --- -=------------------ -- 1Y� \Svc i3�� ►�n v� ��:. ���1 lo rd BUTTE COUNTY PUBLIC HEALTH August 21, 2008 Patricia E. Kuehner 10 Menzie Ln. Berry Creek, CA 95916 PHYLLIS L. MURDOCK, DIRECTOR MARK A. LUNDBERG, M.D., M.P.H., HEALTH OFFICER WWW. BUTTECOUNTY.NET/ PUBLICHEALTH ENVIRONMENTAL HEALTH DIVISION BUTTE COUNTY OCT 2 0 2008 DTI- YxL0PMMT . VICES RE: Pre -Application for Use Permit, 10 Menzie Ln., Berry Creek, CA; AP #062-730-009 Dear Ms. Kuehner: This department has received and processed your pre -application for a Use Permit for a food facility at the above mentioned location. You have indicated that you will have four 3mployees, including yourself, and 38 total seats. The food facility will be open Tuesday through Sunday, from 6:00 a.m. to 3:00 p.m. There is adequate area and depth of soil on the proposed location to support a sewage disposal system sized for your proposed facility. You should be aware that you may be subject to California Food Laws and may with to contact Mike Boian of Environmental Health regarding this issue. You may also be subject to California Drinking Water Laws and may wish to contact Elaine McSpadden of Environmental Health regarding this issue. Provide that the application and proposal presented to the Development Services Department conforms to the packet you submitted to our office, we are prepared to approve your Use Permit. When you apply for the Use Permit with Butte County Planning, they will collect the remainder of our fee. If you have any further questions or concerns, please contact me Monday through Friday, 7:30 a.m. to 4:30 p.m. Sincerely Mike Kerley Environmental Health Specialist Cc Butte County Planning T:\UsersShared\Kerley\preappletter\10menzieln08.doc TEL- 530.538.7281 1202 MIRA LOMA DRIVE FAX- 530.538.5339 OROVILLE, CA 95965 OUR MISSION IS TO PROTECT THE PUBLIC THROUGH PROMOTING INDIVIDUAL, COMMUNITY AND ENVIRONMENTAL HEALTH Berry Creek Fire -Rescue >0e„* Company 61 P.O. Box 338 Berry Creek, CA 95916 (530) 589 - 4389 October 24, 2008 To Whom it May Concern: My name is Reed Rankin, Chief of the Berry Creek Fire -Rescue Volunteers, Company 61. I am writing this letter on behalf of Berry Creek resident Patricia Keuhner, in regards to the level of fire protection available to her proposed business location at 10 Menzie Lane in Berry Creek, near the corner of Bald Rock Road and Rockerfeller Road The Berry Creek Fire -Rescue Volunteers is comprised of 14 active firefighters, and two fire stations: Station 61 is situated less than 1 mile from the proposed business location, and houses a water tender, a fire engine, and a rescue squad; Station 60 is located in Brush Creek, about 10 miles from the proposed business location, and houses an additional fire engine. In addition to the fire protection services offered by the Berry Creek Volunteers, there is also a permanently staffed CalFire station, Station 62, less than 4 miles from Patricia's proposed business. That station houses one fire engine, and is staffed full time by at least three CalFire firefighters during fire season, and by two firefighters for the rest of the year We have a strong history of quick fire response in Berry Creek, both from our volunteers and CalFire firefighters. I am confident that Patricia's business will have excellent fire protection, should the need ever arise. If you have any questions, please fee free to contact me at 530-589-1020. Sincerely, >z7 Reed Rankin Chief, Berry Creek Fire -Rescue Company 61 Berry Creek Community Association P.O. Box 81 Berry Creek, CA 95916 Planning Division Department of Development Services County of Butte 7 County Center Drive Oroville, CA October 11, 2008 RE: Application for Use Permit by Patricia Kuehner Dear Planning Division, The Planning and Zoning Committee of the Berry Creek Community Association has reviewed the plan for proposed cafe to be operated by Patricia Kuehner at 10 Menzie Lane, and has been presented evidence of consent by the neighbors to the project. The Committee has recommended to the Executive Council that the Association approve the project. The Executive Council at its October 11, 2008 meeting received the recommendation of the Planning and Zoning Committee, and after review voted unanimously to recommend that you issue a use permit for the cafe project. Furthermore, this .84 acre should be zoned "Commercial" when that zoning is fmally implemented for Berry Creek. Thank you for giving the Berry Creek Community Association the opportunity to review this application. Yours ly, 494---, Roger utler Chair Executive Council Cc: Patricia Kueher Bill Connelly USE PERMIT BUTTE COUNTY PLANNING COMMISSION NO18 V1996 / DATE: (Certified Mail Receipt) i dy (,✓�- UP 97-01 PERMIT NO. 062-230-078 ASSESSORS PARCEL NUMBER File # UP 97-01 - Sharon Spurlock, APN 062-230-078: Request for a Use Permit to construct and operate a Ca!ifcrnia "Beverage Container & Litter Reduction" facility, and a small equipment rental company, on a 0.82 acre site, on property zoned U (Unclassified), at 10 Menzie Lane, located at the intersection of Menzie Lane and Bald Rock road in Berry Creek. 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this use permit, all conditions must be completed by the Permittee within 24 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 two years of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. 4. 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. Section 1: Environmental Findings. A. Find that an Initial.Study was completed in compliance with the California Environmental Quality Act which identified potential significant environmental effects that the project may have, but provisions in the project plans or proposals agreed to by the applicant would mitigate such effects to a point where clearly no significant environmental effects would occur; and B. The Planning Commission has independently reviewed, analyzed and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, and hereby finds that . the said Negative Declaration with mitigations adequately represents impacts associated with this project; and C. The design and improvements of the proposed project will not cause environmental damage to fish or wildlife or their habitat and is de minimus; and Building Division: 5. All structures shall be made accessible to the disabled. Disabled accessible parking and accessible travel path shall be provided. 6. 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. Public Works Cond.itions: 7. Access shall be provided off. of Menzie Lane. No new driveway access to Bald Rock Road. Butte County Fire Department: 8. Construction, installation or development of structures or facilities on the parcels/lots shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable -State and County codes, ordinances and regulations in effect at the time of application for improvement permits. 9. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. 10. Approval of this request shall not waive compliance with all sections of the Zoning Ordinance and all other applicable State and County laws and regulations in effect at the time of building permit application. 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. al /� ,-- " Z Dated: 41 k'i Z62 C;X Applican NOTE: Issuance of this Use Permit does not waive requirement of -obtaining Building and Health Department permits before starting construction, nor does itwWe any ofKer requirements. Butte County` Planninq-Tori-iiissia Chairman . CC: Land Development Division Building Division Health Department Department of Forestry 3,V J a R 0 L e - ? 0 3,V J a R 00 6. AFILI 06 2-- -T 3 0 ✓ C;0'7I 0 IqPn z i e Z—a it r e rr Cree k I -II---- �080,, ` J I z 41P I I - � , _ - t '�� t - L - � - � r i A ' , 2G. a a VC, - U-7 1'lt�SS l�aSdG 6tc�� r�o�l� u I I C6 rn :- T �.. 1?0 Z 1� r f—+,Y 4kr M 211 T- Co) Im . . . . . . . . . . . . . :- T �.. I I,, -. - -L-- - Z: 1?0 Z f—+,Y I I,, -. - -L-- - Z: 1?0 Co) Ji. frT I I,, -. - -L-- - Z: I Zo 1651�1 �Czo"A C- 011 6) z-- 1 ;6 70 LF A(n ro If x z-- 1 ;6 A(n ro .rI x "T rix �c iDN A 3.1. 4 09 w --LTro.,9d--, ro "T BUTTE COUNTY PUBLIC HEALTH August 21, 2008 Patricia E. Kuehner 10 Menzie Ln. Berry Creek, CA 95916 PHYLLIs L. MURDOCK, DIRECTOR MARK A. LUNDBERG, M.D., M.P.H., HEALTH OFFICER WWW. BUTTECOUNTY.NET/PUBLICHEALTH ENVIRONMENTAL. HEALTH DIVISION 911 L T Z COUt T'l OCT 21 2000 RE: Pre -Application for Use Permit, 10 Menzie Ln., Berry Creek, CA; AP #062-730-009 Dear Ms. Kuehner: This department has received and processed your pre -application for a Use Permit for a food facility at the above mentioned location. You have indicated that ,you will have four 3mployees, including yourself, and 38 total seats. The food facility will be open Tuesday through Sunday, from 6:00 a.m. to 3:00 p.m. There is adequate area and depth of soil on the proposed location to support a sewage disposal system sized for your proposed facility. You should be aware that you may be subject to California Food Laws and may with to contact Mike Boian of Environmental Health regarding this issue. You may also be subject to California Drinking Water Laws and may wish to contact Elaine McSpadden of Environmental Health regarding this issue. . Provide -that- the application -and -proposal -presented -to the-Development..Seryices.Department .......... ..... ......... :....................... ..... conforms to the packet you submitted to our office, we are prepared to approve your Use Permit. When you apply for the Use Permit with Butte County Planning, they will collect the remainder of our fee. If you have any further questions or concerns, please contact me Monday through Friday, 7:30 a.m. to 4:30 p.m. Sincerely Mike Kerley Environmental Health Specialist Cc Butte. County Planning T:\UsersSliared\I<erley\preapplelter\10menzielnOB doc TEL- 530.538.7281 1 202 MIRA LOMA DRIVE FAX- 530.538.5339 OROVILLE, CA 95965 n1IR MIRSION IS TO PROTECT THE PUBLIC THROUGH PROMOTING INDIVIDUAL, COMMUNITY AND ENVIRONMENTAL HEALTH REA1.1t'1- u W—P 3 ce AL Roc K @ 'RAW 00'r.00 10al took in NOON VjV1qMVy!r9 APPROVED I Development Plan DATE 001-10 ms_ USE PERMIT VARIANCE s 11-11 Cul MIN7 U.P. —AD,M.PERMIT. 146-1 51 1*8 PLANNING COMMISS. PLANNING MANAGER —4- 4 0 P, IV E lot - 7i F3C116rIP& VKmarAy 10 r14 - TIM MWIP E A T4.1 Vat. EA To beu v QCT L I WOW to ;r 1"�Fbqitii K X-Z j'q1 giw­��:'W TAW.. oo 19E.A W A YIhCtl' 1..,At-Li '7 4j 0 �4, 6 F 'DALP KOCK, KOAX) 0 1 Irk ..Waiv I low 7 '7-4 A, L0 r I W ;; , -few _0 F L �l 4A 1 A/ 05 sc,4vo /�.:� CD SITE PLAN 199- 209,099 NOTES: APA -0 62-23-078 ZONING: 9 GENERAL PLAN: SITE SIZE -,.82 ACRES EXISTING BITE SLOPE: LESS THAN .05" PER FOOT PROPOSED 'ROPOSED SITE SLOPE: UNCHANGED Drawing pr. epareciby P'atricia Kudmer 10 MENZIE LN BERRY CPP_`.EK, CA 95916 1530-589-0801 PROPOSED USE ;'TO OPERATE A SMALL BREAKFAST AND LUNCH CAFE. NOTE ;:WHICH VILL EMPLOYEE 2 OUTSIDE EMPLOYEES OTHER THAN MYSELF Planning Division stpz c 1996 ()rOville, Calitomia. CGUIN r", OLPIT 216 2008 DEVELOPMENT ME"RVICES REVISIONS BY KS ATL 1.61,06 a 71t�<<,� -7 G -.W U V k s u � � W z > 9140 cat* Job Shoot, of Shoat* 1 U 2 � ��, n A , pill I tG OH tN4. 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