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HomeMy WebLinkAboutUP 96-22r. PROJECT SUMMARY SHEE FILE #: UP 96-22 PROJECT TYPE: USE PERMIT. APPLICANT: JOHN & BETLINA BRACEY 1 ADDRESS: 2384 KENILWORTH AVENUE PALERMO CA 95968 AV / OWNER: SAME "t)j ADDRESS: REPRESENTATIVE: NONE ADDRESS: i PROJECT DESCRIPTION: USE PERMIT TO BUILD A HOME ON VACANT PROPERTY, ZONED C-1, PROPERTY ZONED: C-1 LOCATED: ESPERANZA AVENUE, 150 FEET WEST OF LINCOLN BLVD., PALERMO AP#: 026-141-022 TOWN/AREA: PALERMO GENERAL PLAN DESIGNATION: COMMERCIAL 1. Application complete: MAY 15, 1996 Amount: $ 1288.00 1 Receipt #: 15409 2. Comments sent to: E.H./ SHERIFF/LAFCo/CITY OF OROVILLE/OWID/CDF/PG&E/DSD/PW/AG COMM 3. Comments received from: 4. Rezone Petition Signatures Checked: 61 6. 7. Mailing List/Lead-in Sheet: Assigned To: STEVE HACKNEY Environmental Determination: State Clearinghouse No: 8. Staff Report: Subject to Fish & Game: Project Video: -Categorical Exemption-CEQA# _ Negative Declaration --, Mitigation Negative Declaration )Environmental Impact Report Gen. Rule Ex. -CEQA # 15061.(bx3) Other _- 9. Clearinghouse circulation required: Yes No Date Sent to SCH: Publication Notice Written: Display Ad Prepared: Notices Mailed: Number of Notices: Newspaper Publication Date: Q Planning Commission Hearing(s): — < Action taken: Special Conditions: Commission Resolution No. Board of Supervisors' Hearing(s): Action taken: Board Resolution No.: Type Use Permit/Send for signature: N.O.E. N.O.D. PENDIX G: 0 26 Send validated Use Permit: 10-A 18. Assessor's Memo: -A - 19. Copy of Use Permit / Variance to Planning Ordinance No: Adopted: Fish & Game Fees Paid: Yeses_ No DEPARTNII&T OF DEVELOPNIAT SERVICES BUTTE COUNTY UNIFORNI APPLICATION APPLICANT: Agent information to be provided is on other side., .APPLICANT'S NAhffi ( If Li=nt is different from owner an affidavit is mquired ASSESSOR'S PARCEL NUMBER: ADDRESS: CITY. STATE & ZIP CODE ER: USE) (\X\mft \0\) E �o olsn,-2 INAIME OF PROPOSED PROJECT ( If any) TELEPHONE . (q \ \. ) �-q LOCATION OF PROJECT (Major pa savets and Address. if any ) 15-0 \'a4 (�i, Lvow. o GENERAL INFORMATION REQUIRED OWNER'S NAME 1-3 GENERAL PLAN AMENDMENT TELEPHONE ADDRESS. CITY. STATE & 21P CODE. erm c) �A - �� �m ZONE C-\ GENERAL PLAN I EXISTING LAND USE I vcxca-CLA C3 REZONE SITE SIZE ( in Squat Feet or Acres ID01 \/ «tel COMVAC�rc-;-a [3 WAIVER OF PARCEL MAP 1-3 - MINOR USE PERMITMAY 15 1996 EXISTING STRUCTURES (in Square Feer) PROPOSED STRUCTURES (in Square Feet) ((beck One) (Cbeck 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 E3 PROPERTY IS OR PROPOSED TO BE ON WELL WATER APPLICATION REQUESTED 1-3 GENERAL PLAN AMENDMENT Cl TENTATIVE PARCEL MAP C3 REZONE [3 TENTATIVE SUBDIVISION MAP USE PERIMIT R [3 WAIVER OF PARCEL MAP 1-3 - MINOR USE PERMITMAY 15 1996 [3 BOUNDARY LINE MODIFICATION C3 VARIANCE [3 LEGAL LOT DETERMINATION r MINOR VARIANCE [3 CERTIFICATE OF MERGER _3 ADMINISTRATIVE PE3tMlT 1--3 MINING AND RECLAMATION PLAN 0 I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER. I ACY-NOWLEDGETHE FILING OF E3 DEVELOPMENT AGREEMENT E3 OTHER (lf An agent L, to be =qjocjzcA examte am affidavit o(authorizuion and include the juTtdavit with this applicatig (1 �X FDA PROJECT DESCRIPTION SIGNATURE- DATE. AfAh C4 FULL DESCRIPTION OF PROPOSED FRQJECr (Attach nec&ssaqthee- If4" application is for a land division describe the number and size of PW,-) 1 Nkl � 0�2 k2c \A i(ay-A 0otr C)l x - X, ml S on -71) L 4* OWNER CERTIFICATION I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER. I ACY-NOWLEDGETHE FILING OF MS APPUCATION AND CERTIFY THAT ALL OFTHE ABOVE INFOP-MAMON IS TRUE AND ACCURATE. THIS g n (lf An agent L, to be =qjocjzcA examte am affidavit o(authorizuion and include the juTtdavit with this applicatig (1 �X FDA SIGNATURE- DATE. AfAh C4 AGENT AUTHORIZATION To Butte County, Department of Development Services; Print Name of Agent and Phone Number Mailing Address is hereby authorized to process this application for on my property, identified as Butte County Assessors Parcel Number . This authorization allows representation for all applications, hearings, appeals, etc. and to sign all documents necessary for said processing, but not including document (s) relating to record title interest. Owner(s) of Record: (sign and print name) Print Name Print Name Signature Signature Architect and/or Engineer: Print Name of Architect/Engineer and Phone Number Mailing Address FOR OFFICE USE ONLY Verify: Date received: Total amount received: 11, 288.00 V AP Number(s) N/A Legal Description Owners Authorization ✓ Zoning requirements Project Description Copies of plot plan Taken by 5O Receipt No. 15 q E.H. 95 -op LD k o- no Plank, 000. co FDK3 • CD Payment of the currently required Application Fee and/or Deposit (Any unused portion of a deposit) will be returned upon final action.—,, Current fee for this application is $ as of Make check payable to "Butte County Treasurer". A. John and Betlina Bracey - proposed Negative Declaration regarding environmental impacts and Use Permit to allow a residence on -vacant property zoned C-1 (Light Commercial) located on Esperanza Avenue, approximately 150 feet west of Lincoln Boulevard, identified as AP 026-141-022, Palermo. (SH) (UP96-22) Mr. Hackney said the property is surrounded by residential uses. The purpose of the request is for a home based commercial business for the applicant. In the C-1 zone a residential use is permitted without a Use -Permit as an accessory use to a commercial use. HEARING OPEN TO THE PUBLIC. - John Bracey was present. He said he does not own the parcel to the east anymore and there is no structure on it, but there is a foundation to an old olive barn that burned down. Commissioner Lambert asked about the condition to merge the old subdivision lots. Mr, Sanders said the applicant wants to build across the old lot lines and the merger process has been completed. HEARING CLOSED TO THE PUBLIC It was moved by Commissioner Seegert, seconded by Commissioner ;Cage, and carried unanimously, for approval of the Use Permit for John and Betlina Bracey on AP 026-141-022, subject to the findingsand conditions of the Agenda Report dated August 5, 1996. FINDINGS: Section 1: Environmental Findings. A. An Initial Study was completed in compliance with the California Environmental Quality Act identifying potentially significant environmental effects that the project may have. Provisions and the design of the project and the conditions added to the project will mitigate such effects to a level of insignificance; and B. The approval of the Use Permit and improvements will not cause environmental damage to fish or wildlife or their habitat and a de minimus exemption to the collection of Department of Fish and Game Environmental Filing Fees is recommended; and C. The Planning Commission has independently reviewed, analyzed and considered the proposed Negative Declaration prior to making its decision on the project, and the Negative Dec_la_ration reflects the independent judgement of the County of Butte; and Section 2: Zoning Ordinance Findings. A. The proposed use of the property will not impair the integrity and character of the zone in which the - land lies in that it is currently designated on the General Plan as Commercial and the proposed use is allowed with a Use Permit. B. The use would not be unreasonably incompatible with or injurious to surrounding property or detrimental to the health, safety and general welfare of the persons residing or working in the neighborhood in that the proposed uses in this permit are allowed in this zone with approval of a Use Permit; and the type of use requested is compatible with current uses in the neighborhood. -C. The use would not be unreasonably incompatible with or injurious to the general health, welfare and . safety of the residents of Butte County in that conditions imposed by this permit, if adhered to by the applicant, will ensure that the public safety is protected. B[= COUDTI __-K ARfM COMMISSION MIlV[M .._.- SEFrEH IIt 12, 1996 r 0 r Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of ,this Exhibit A, a Negative Declaration_ is - adopted and a Use Permit approved for John & Betlina Bracey on AP# 026 -141 -022, -to allow the construction of a single family residence, is approved subject to the conditions listed herein. _ B. 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. j C. Conditions of Approval: 1. Prior to the issuance of building permits the parcel must be annexed to O.W.I.D. in order to receive water service. Public Works Conditions: 2. Merge old subdivision lots into one lot to eliminate underlying lot lines. 3. Prior to the issuance of building permits obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. 4. Prior to the issuance of building permits establish 100 year floodplain elevations and the lowest floor elevations for any structures. Construct the residence from the lowest finished floor elevation, one foot above the established 100 year floodplain elevation. 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. Environmental Health No Conditions. California Department of Forestry No Conditions. - E[TPTE COLi>`TIY Kmmc c cmassioN MIN[TPES - SEPTFl"BM 12, 199 Use Permit: John & Betlina Bracey, File # 96-22 COUNTY OF BUTTE INITIAL STUDY EVALUATION OF ENVIRONMENTAL IMPACTS I. BACKGROUND: Name of Proponent John & Betlina Bracey I 2. Address 2384 Kenilworth Avenue, Palermo, CA 95968 Phone (916)533-9577 3. Name of Proposal, if applicable 4. Type of Project Use Permit 5. Project Description and Location of Parcel(s)_ Use Permit to build a residence on vacant property zoned C-1. Currently the site is undeveloped. Parcel size is 100'x 150'. Surroundina parcels are developed with single family residences on three sides. A foundation for a structure exists on the fourth side. Zoning on the west and north sides is ARMHA , while property to the east and south is zoned Commercial. 6. Assessor's Parcel Numbers 026-141-022 7. Date Checklist Submitted May 15. 1996 If. DETERMINATION: On the basis of this initial evaluation: X 1 find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. , # I find that although the proposed project COULD have a significant effect on the environment, there will NOT be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION with mitigation(s) will be prepared. # I find that the proposed project COULD have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Prepared Reviewe y: lD Date __M4 IS For 0 Butte County Department of Development Services 0 Planning Division 0 i Use Permit: John & Betlina Bracey, File # 96-22 • III. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below could be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Land Use and Planning ❑ Transportation/Circulation ❑ Public Services ❑ Population and Housing ❑ Biological Resources ❑ Utilities and Service Systems ❑ Geophysical ❑ Energy and Mineral Resources ❑ Aesthetics ❑ Water ❑ Hazards ❑ Cultural Resources ❑ Air Quality ❑ Noise ❑ Recreation EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact' answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect is significant if there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analysis," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in a earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses are discussed in Section XVII at the end of the checklist. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. ❑ Butte County Department of Development Services ❑ Planning Division ❑ 2 • Use Permit: John & Betlina Bracey, File # 96-22 Potentially Significant Impact IV. ENVIRONMENTAL IMPACTS: 1. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? c) Be incompatible with existing land use in the vicinity? d) Affect agricultural resources or operations (e.g., impacts to soils or farmlands, or impacts from incompatible land uses)? e) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? • Potentially Significant Less Unless Than Mitigation Significant No Incorporated Impact Impact X X X X X Response: There are no conflicts with the general plan or zoning ordinance. The proposed project does not conflict with other applicable environmental plans or policies. The surrounding existing land uses are similar to those proposed by the applicant, that is, residential uses. The approval of this project will not disrupt or divide the physical arrangement of the community. (Sources: Butte County General Plan Land Use Element, Chapter 24 Zoning Code, Butte County Environmental Review Guidelines, Butte County Constraints Maps, and a site visit June 28, 1996) Mitigation: None required. 2. POPULATION AND HOUSING. Would the proposal. a) Cumulatively exceed official regional or local population projections? X b) Induce substantial growth in an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? X c) Displace existing housing, ❑ Butte County Department of Development Services 0 Planning Division 0 E Use Permit: John & Betlina Bracey, File # 96-22 Potentially Significant Impact especially affordable housing? • Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact X Response: The approval of this project will permit the allowed density in this zone. Most of the surrounding area, characterized by similar housing density, already exists. This project will not induce further growth. Presently, the site is undeveloped. (Site visit; Chapter 24 Zoning Ordinance) Mitigation: None required. 3. GEOPHYSICAL. Would the proposal result in or expose people to potential impacts involving: a) Seismicity: fault rupture? X b) Seismicity: ground shaking/ liquefaction? X c) Seismicity: seiche? X d) Landslides or mudslides? X e) Erosion, changes in topography or unstable soil conditions from excavation, grading or fill? X 0 Subsidence of the land? X g) Expansive soils? X h) Unique geologic or physical features? X Response: The project is located in an area designated as the Foothills Shear Zone on the Butte County Constraints Map. Although the project site is located in this zone, this zone only indicates the potential presence of faults and lineaments in abroad area. There are no apparent evidence of any fault on this 100'x 150' parcel. The State "Cleveland Hills Special Studies Fault Zone" is located several miles to the east. The area of the project is characterized by urban density residential density in an area zoned for residential and commercial development. All of Butte County is still classified as a Moderate Earthquake Intensity Zone VIII and potential ground shaking is possible. The site is level and has soils, Kimball loam, gravelly phase, that has moderate erosion potential, but no significant soil disrupfion-aside from construction activities -will occur for no stream traverses the property and rainfall received in the area is low. This soil type is characterized by potentially high expansive soil. The applicant will have to meet Building Code requirements prior to construction of any homesite on the property. Mitigation: None required. ❑ Butte County Department of Development Services ❑ Planning Division ❑ 4 • Use Pemiit: John & Betlina Bracey, File # 96-22 4. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? b) Exposure of people or property to water related hazards such as flooding? c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? d) Changes in the amount of surface water in any water body? e) Changes in currents, or the course or direction of water movements? 0 Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavation? g) Altered direction or rate of flow of groundwater? h) Impacts to groundwater quality? • Potentially Significant Less Potentially Unless Than Significant Mitigation Significant Impact Incorporated Impact No Impact Response: There are no surface water features onsite. No changes will occur in any water movements, nor in quantities of groundwaters. Minimal changes in absorption rates and drainage patterns may occur due to impervious coverages from roofs, driveway, etc., from any residence built onsite. The project is located in a Flood Zone AH (flood elevations have been determined; usual flooding generally includes ponding). The applicant will be required to build their residence at one foot of finished floor elevation above the flood elevation. Mitigation: None required. S. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected ❑ Butte County Department of Development Services ❑ Planning Division ❑ 5 X X X X X X X X Response: There are no surface water features onsite. No changes will occur in any water movements, nor in quantities of groundwaters. Minimal changes in absorption rates and drainage patterns may occur due to impervious coverages from roofs, driveway, etc., from any residence built onsite. The project is located in a Flood Zone AH (flood elevations have been determined; usual flooding generally includes ponding). The applicant will be required to build their residence at one foot of finished floor elevation above the flood elevation. Mitigation: None required. S. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected ❑ Butte County Department of Development Services ❑ Planning Division ❑ 5 Use Permit: John & Betlina Bracey, File # 96-22 air quality violation? b) Expose sensitive receptors to pollutants? • Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact bicyclists? X X c) Alter air movement, moisture, or temperature, or cause any change in climate? X d) Create objectionable odors? X Response: The proposed project will not result in any significant cumulative impacts in air quality. Temporary impacts resulting from construction activities may occur. Once construction of the residence is complete no further impacts to air quality are expected. Mitigation: None required. 6. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? X b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? X c) Inadequate emergency access or access to nearby uses X d) Insufficient parking capacity onsite/ offsite? X e) Hazards or barriers for pedestrians or bicyclists? X f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? X g) Rail, waterborne or air traffic impacts? X h) Substantial impact upon existing transportation systems, including public transportation services? X ❑ Butte County Department of Development Services 0 Planning Division 0 6 0 Use Permit: John & Betlina Bracey, File # 96-22 0 Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated Less Than Significant No Impact Impact Response: Incremental increase in traffic for the neighborhood will result from the existence of an additional residence at this location. No substantial traffic impacts will result from the construction of one residential structure. Adequate access onto County maintained roads is provided. Easy access for any emergency vehicles is provided by these same roads. The approval of this project will not conflict with any transportation policies. Mitigation: None required. 7. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds)? X b) Locally designated species (e.g. heritage trees)? X c) Locally designated natural communities (e.g. oak forest, etc.)? X d) Wetland habitat (e.g. marsh, riparian and vernal pool)? X e) Wildlife dispersal or migration corridors? X Response: No impacts will occur to any rare, threatened or endangered species of animals or plants. (Butte County Constraints Map, Site Visit). The site consists of mostly typical grasses with a few live oak around the borders of the site. Mitigation: None required. 8. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? X b) Use non-renewable resources in a wasteful and inefficient manner? X c) Conflict with the extraction of identified, significant mineral resources? X ❑ Butte County Department of Development Services ❑ Planning Division ❑ 7 Use Permit: John & Betlina Bracey, File # 96-22 0 Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated Less Than Significant No Impact Impact Response: Approval of this project will not result in any conflicts with any energy conservation plans. The project will allow for the construction of a residence in a commercial zone. For the short term, the use of energy will be limited to that fuel needed to operate machinery needed to construct the residential structure. This does not represent a significant use of fuel. Mitigation: None required. 9. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals, or radiation) X b) Possible interference with an emergency response plan or emergency evacuation plan? X c) The creation of any health hazard or potential health hazard? X d) Exposure of people to existing sources of potential health hazards? X e) Increased fire hazard in areas with flammable brush, grass, or trees? X Response: The project will not involve significant use of hazardous materials, nor is located close to any facilities which store or utilize such materials. Mitigation:None required. 10. NOISE. Would the proposal result in: a) Increases in existing noise levels? b) Exposure of people to severe noise levels? X X Response: The project will not result in a substantial increase in noise created onsite or in the vicinity. Construction activities will cause temporary, localized increases in existing noise levels. Mitigation: None required. 11. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: 0 Butte County Department of Development Services 0 Planning Division 0 Use Permit: John & Betlina Bracey, File # 96-22 Potentially X Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact a) Fire protection? X b) Police protection? X c) Schools? X d) Maintenance of public facilities, including roads? X e) Other governmental services? X Response: The project site is located in Unclassified -urbanized area. Fire Station #72 is less than 1/4 mile away. Construction of one more residence in an urban environment such as this area will not significantly impact fire services. This is also the case for other governmental services. Mitigation: None required. 12. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems, or substantial alterations to the following utilities: a) Power or natural gas? X b) Communications systems? X c) Local or regional water treatment or distnbution facilfies? X d) Sewer or septic tanks? X e) Storm water drainage? X f) Solid waste disposal? X g) Special Districts? X Response: Power lines exist in this vicinity and will not require new systems. This is true for other systems such as telephone service. Sewer treatment will be provided by onsite individual septic system. Mitigation: None required. 13. AESTHETICS. Would the proposal.• a) Affect a scenic vista or designated scenic highway? X b) Have a demonstrable negative ❑ Butte County Department of Development Services ❑ Planning Division ❑ 9 • Use Permit: John & Betlina Bracey, File # 96-22 Potentially Significant Impact aesthetic effect? c) Create light or glare? • Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact X X Response: Approval of the project will not have any adverse aesthetic impacts. Nor will light or glare present a problem from the applicant's proposal — to build a single family residence in an area surrounded with similar uses. (Site visit) Mitigation: None required. 14. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? X b) Disturb archaeological resources? X c) Affect historical resources? X d) Have the potential to cause a physical change which would affect unique ethnic cultural values? X e) Restrict existing religious or sacred uses within the potential impact area? X Response: Approval of the project is not likely to disturb any significant cultural resources. Topographical characteristics usually associated with the presence of archaeological and historical resources -- rock outcroppings, high promontories, streams, etc. -- are not present onsite. Mitigation: None required. 15. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreation facilities? X b) Affect existing recreational opportunities? X Response: Approval of the project will not increase a significant demand locally for additional recreational needs on the community. Mitigation: None required. ❑ Butte County Department of Development Services ❑ Planning Division ❑ 10 • Use Pemrit: John & Betlina Bracey, File # 96-22 Potentially Significant Impact 16. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals? c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects). d) Does the project have environmental effects which will cause substantial adverse effects on human being, either directly or indirectly? Potentially Significant Less Unless Than Mitigation Significant Incorporated Impact No Impact X X X X Response: As discussed in Secfion IV of this document, this project will not significantly degrade the quality of the environment.. This project will not have any significant cumulative impacts on the environment. This project will not have any significant adverse effects on human beings. Mitigation: None required. ❑ Butte County Department of Development Services ❑ Planning Division ❑ 11 a Use Permit: John & Betlina Bracey, File # 96-22 r� V. MITIGATION MEASURES ANDWONITORING REQUIREMENTS: None required. ❑ Butte County Department of Development Services ❑ Planning Division ❑ 12 i Use Permit: John & Betlina Bracey, File # 96-22 DATA SHEET A. Project Description 1 . Type of Project: Use Permit. 2. Proposed Density of Development: one single residential unit on 0.34 acres 3. Amount of Impervious Surfacing: minimal 4. Access and Nearest Public Road(s): frontage on Esperanza, Palermo 5. Method of Sewage Disposal: Individual septic systems. 6. Source of Water Supply: O.W.I.D. 7. Proximity of Power Lines: To property. 8. Potential for further land divisions and development: Potential for additional division. B. Environmental Settin 1. Terrain a General Topographic Character: level valley land b. Slopes: 0 to 1 % C. Elevation: 158 feet above sea level. d. Limiting Factors: none 2. Soils a. Types and Characteristics: Kimball loam, gravelly phase b. Limiting Factors: expansive 3. Natural Hazards of the Land a. Earthquake Zone: Moderate Earthquake Intensity Zone VIII. b. Erosion Potential: low to moderate C. Landslide Potential: none d. Fire Hazard: Unclassified - urbanized e. Expansive Soil Potential: high 4. Hydrology a. Surface Water: none b. Ground Water: Unknown, potentially limited. Abundant valley aquifers. C. Drainage Characteristics: high d. Annual Rainfall (normal): 22 inches per year. e. Limiting Factors: agricultural limitations 5. Visual/Scenic Quality: Good. 6. Acoustic Quality: Good. 7. Air Quality: Good, except when stagnant air conditions persist in the valley. 8. Vegetation: valley grasses, live oaks 9. Wildlife Habitat: Small birds and animals common to valley grasslands. Non-critical winter habitat for the deer herd. 10. Archaeological and Historical Resources in the area: near High Sensitivity area. 11. Butte County General Plan designation: Commercial 12. Existing Zoning: C-1 13. Existing Land Use on-site: undeveloped 14. Surrounding Area: a. Land Uses: residential b. Zoning: C-1, ARMH-1 C. Gen. Plan Designation: Commercial, AR d. Parcel Sizes: varies, mostly one acre or less 15. Character of Site and Area: level, grassy, undeveloped site, surrounded by residences. 16. Nearest Urban Area: Palermo 17. Relevant Spheres of Influence: none ❑ Butte County Department of Development Services ❑ Planning Division ❑ 13 Use Permit: John & Betlina Bracey, File # 96-22 18. Improvement Standards Urban Area: none 19. Fire Protection Service: a. Nearest County (State) Fire Station: Station number 72 approximately less than 1/2 mile away. b. Water Availability: Fire tankers only. 20. Schools: Palermo Union School District. ENVIRONMENTAL REFERENCE MATERIAL 1. Butte County Planning Department. Earthquake and Fault Activity Map 11-1. Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 2. Butte County Planning Department. Liquefaction Potential Map 11-2, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 3. Butte County Planning Department. Subsidence and Landslide Potential Map 111-1. Safety Element. Oroville, CA CH2M Hill, 1977. 4. Butte County Planning Department. Erosion Potential Map 111-2, Safety Element. Oroville, CA: CH2M Hill, 1977. 5. Butte County Planning Department. Expansive Soils Map 111-3, Safety Element. Oroville, CA: CH2M Hill, 1977. 6. Butte County Planning Department. Noise Element Map IV -1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 7. Butte County Planning Department. Scenic Highways Map V-1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 8. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4, Safety Element. Oroville, CA: CH2M Hill, 1977. 9. Butte County Planning Department. Archaeological Sensitivity Map. Oroville, CA: James P. Manning, 1983. 10. Butte County Planning Department. School District Map. Oroville, CA. 11. Northwestern District Department of Water Resources. Chico Nitrate Study Map, Nitrate Concentration in Shallow Wells. The Resources Agency, State of California, 1983. 12. Butte County Board of Supervisors. Agricultural Preserves Map, established by Resolution No. 67-178. Oroville, CA: Butte County Planning Department, 1987. 13. National Flood Insurance Program. Flood Insurance Rate Maps. Federal Emergency Management Agency. 1989. 14. USGS Quad Maps. 15. Soil Map, Chico (1925)/Oroville (1926) Area. United States Department of Agriculture. 16. Soil Survey of Chico (1925)/Oroville (1926) Area. United States Department of Agriculture. 17. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Map. Butte County Fire Department and California Department of Forestry, 1989. ❑ Butte County Department of Development Services ❑ Planning Division ❑ 14 AGENDA REPORT TO: Honorable Chair and Planning Commission BY: Stephen Hackney, Associate Planner DATE: August 5, 1996 REQUEST: Use Permit for John & Betlina Bracey on APN 026-141-022, File # UP 96-22: Use Permit request for the Use Permit to build a residence on vacant property zoned C-1, located on Esperanza Avenue approximately 150 feet west of Lincoln Boulevard, in Palermo. Currently the site is undeveloped. Parcel size is 100'x 150'. Surrounding parcels are developed with single family residences on three sides. A foundation for a structure exists on the fourth side. Zoning on the west and north sides is ARMH-1, while property to the east and south is zoned Commercial. This project is located in Supervisorial District 1. RELATED ITEMS: Concurrent application for parcel merger FOR: Planning Commission Meeting of Sept. 12, 1996 SUMMARY: This request for a Use Permit is to allow the construction of a single family residence on vacant property zoned C-1. There are no environmental issues or planning concerns related with this project. Staff recommends conditional approval of this application. PROJECT CHARACTERISTICS: The project site is located in an area zoned commercial, but surrounded by residential development with a zoning of ARMH-1 (Agricultural Residential Mobile Home - 1 acre minimum). The site is undeveloped, level, covered with grasses, has several trees which include live oak species. The applicant proposes to build a 1404 square foot house with a 624 square foot garage. Water is available in the neighborhood and would be provided by O.W.I.D. Sewer requirements will be provided by an onsite septic system. Esperanza Avenue, fronting the property, will provide access. ANALYSIS: The approval of a Use Permit for the proposed project would allow for the construction of a single family residence on a commercial -zoned parcel which currently has no commercial development. The County's zoning ordinance lists a number of commercial activities which are permitted uses in a C-1 zone. If the property has such commercial uses then a single family dwelling is considered an accessory use and is permitted. However, if there are no commercial uses existent on the property then the code states that residential uses require a Use Permit. Staff has not identified any significant issues of concern. The project site is in a floodplain. As a condition of approval the applicant shall be required to construct the residence from the lowest finished floor elevation, one foot above the established 100 year floodplain elevation. The proposed house location meets all required setbacks for residential uses in a commercial zone The issue of land use compatibility has been considered. The construction of a single family dwelling on this site will be compatible with its neighbors on three sides and in the general neighborhood. The surrounding area is characterized by single family residences. The parcel adjacent on the east may have a commercial office structure constructed on the corner of Esperanza Avenue/Lincoln Boulevard. The utilization of commercial land for residential purposes is generally discouraged because it eventually forces new land to be zoned for commercial uses, thus hampering the long range planning process. This will probably not be the case in the Palermo area. There is an abundance of commercial property with little demand at this time. Area residents obtain most major commercial services in Oroville and the population of Palermo is growing at a slow rate. Butte County Department of Development Services - Planning Division Ar 1 • 1 i ENVIRONMENTAL DOCUMENTATION: This application has been defined as a project under the California Environmental Quality Act (CEQA) and is subject to the requirements of CEQA. An Initial Study has been prepared by County staff. Based upon the review of the Initial Study, staff has determined that the project has no significant impacts. PUBLIC NOTICE AND COMMENTS: This application requires that a public hearing be advertised and held. Advertisement of the public hearing was published in a local newspaper. Public notices were mailed to all property owners within a 300 foot radius of the subject property. RECOMMENDATION: Staff recommends that the Planning Commission approve the application on APN 026-141-022, subject to the findings and conditions listed in Exhibit A. Exhibits: A: Conditions of Approval B: Vicinity Map C: Site Plan Reviewed and approved by: /1" r Wil iam F eel, Director of Development Services K:\projects\bracey.up\agenda.rpt Ar Butte County Department of Development Services - Planning Division AF 2 t EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Receipt) UP 96-22 PERMIT NO. AP 026-141-022 ASSESSORS PARCEL NUMBER Use Permit - John & Betlina Bracy: A Use Permit to allow the construction of a single family residence on 100' x 150' square foot lot located on Esperanza Avenue approximately 150 feet west of Lincoln Boulevard, in Palermo. This project is located in Supervisorial District 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. FINDINGS: Section 1: Environmental Findings. A. An Initial Study was completed in compliance with the California Environmental Quality Act identifying potentially significant environmental effects that the project may have. Provisions and the design of the project and the conditions added to the project will mitigate such effects to a level of insignificance; and B. The approval of the Use Permit and improvements will not cause environmental damage to fish or wildlife or their habitat and a de minimus exemption to the collection of Department of Fish and Game Environmental Filing Fees is recommended; and C. The Planning Commission has independently reviewed, analyzed and considered the proposed Negative Declaration prior to making its decision on the project, and the Negative Declaration reflects the independent judgement of the County of Butte; and Section 2: Zoning Ordinance Findings. A. The proposed use of the property will not impair the integrity and character of the zone in which the Butte County Department of Development Services - Planning Division Ar 3 is allowed with a Use Permit. B. The use would not be unreasonably incompatible with or injurious to surrounding property or detrimental to the health, safety and general welfare of the persons residing or working in the neighborhood in that the proposed uses in this permit are allowed in this zone with approval of a Use Permit; and the type of use requested is compatible with current uses in the neighborhood. C. The use would not be unreasonably incompatible with or injurious to the general health, welfare and safety of the residents of Butte County in that conditions imposed by this permit, if adhered to by the applicant, will ensure that the public safety is protected. Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this Exhibit A, Use Permit for John & Betlina Bracy on AP# 026-141-022, to allow the construction of a single family residence, is approved subject to the conditions listed herein. B. 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. C. Conditions of Approval: Prior to the issuance of building permits the parcel must be annexed to O.W.I.D. in order to receive water service. 2. Merge old subdivision lots into one lot to eliminate underlying lot lines. 3. Prior to the issuance of building permits obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. 4. Prior to the issuance of building permits establish 100 year floodplain elevations and the lowest floor elevations for any structures. Construct the residence from the lowest finished floor elevation, one foot above the established 100 year floodplain elevation. 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. 5. Applicant must also comply with all other applicable State and lucal statutes, ordinance, and regulations. I hereby declare under penalty of perjury that I have read the foregoing conditions and that they are, in fact, the conditions which were imposed upon the granting of this permit. 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. Butte County Planning Commission Chairman CC: Land Development Division, Building Division, Health Department, Dept. of Forestry # Butte County Department of Development Services - Planning Division # 4 s � , 7 --1 --7- � I I Vicinity Map I Project Location UP 96-22 AP# 068-300-088 =I 0Ia m -1 Project Loca on RM H- Esaeranza Ave a RMH-1 BUTTE COUNTY PLANNING COMMISSION Applicant: John & Bettina Bracey Owner: Same Hearing Date: q- 12- 96 @ 'R: 00 A M Existing Zone: C-1 (Light Commercial) A Request: Use Permit to build a home on vacant property, zoned C-1, surrounded on 3 sides by residents. No Scale (not commercial). I Assessor Parcel No: 026-141-122 1 File: 96-22 PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916) 538-7785 September 12, 1996 John and Betlina Bracey 2384 Kenilworth Avenue Palermo, CA 95968 Re: Use Permit, AP 026-141-022, UP96-22 Dear Mr. and Mrs. Bracey: At .the regular meeting of the Butte County Planning Commission held September 12, 1996, your request for a Use Permit to build a residence on property zoned C-1, was - approved subject to the conditions listed on the enclosures. 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, to the Clerk of the Board of Supervisors, 25 County Center Drive, Oroville, California, prior to 5:00 p.m., Monday, September 23, 1996. The appeal deposit of $250.00 must be paid at that time. If you do not appeal and if there are no other appeal within the 10 calendar -day appeal period, the action of the Planning Commission is final. A Notice of Determination (NOD) should be filed for.purpose of completing the California environmental quality Act requirements. The fee for filing the NOD is a $25.00 document handling fee. A check made payable to the Butte County Treasure in the amount of $25.00 should be submitted to the Planning Division in order to complete -the process. 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. i Should you have any questions regarding this matter, please contact this office between 8:00 a.m. and 4:00 p.m., Monday through Thursday. Very truly yours, 6'4� Craig Sanders Senior Planner CS:lr OformMapprovupAm _ _ USE PERMIT BUTTE COUNTY PLANNING COMMISSION OCT - 1 1996 DATE: (Certified Mail Receipt) UP 96-22 PERMIT NO. AP 026-141-022 ASSESSORS PARCEL NUMBER Use Permit -.John &.Betlina Bram A Use Permit to allow the construction of a single family residence on 100' x 150' )square , foot lot located on Esperanza Avenue approximately 150 feet west of Lincoln Boulevard, in Palermo. This project is located in Supervisorial District 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. FINDINGS: Section 1: Environmental Findings. A. An Initial Study was completed in compliance with the California Environmental Quality Act identifying potentially significant environmental effects that the project may have. ,Provisions and the design of the project and the -conditions added to the project will mitigate such effects to a level of insignificance; and B. The approval of the Use Permit and improvements will not cause environmental • damage to fish or wildlife or their habitat and a de minimus exemption to the collection of Department of Fish and Game Environmental Filing Fees is recommended; and 11 C. The Planning Commission has independently reviewed, analyzed and considered the proposed Negative Declaration prior to making its decision on the project, and the Negative Declaration reflects the independent judgement of the. County of Butte; and Section 2: Zoning Ordinance Findings. A. The proposed use of the property will not impair the integrity and character of the zone in which the land lies in that it is currently designated on the General Plan as Commercial and the proposed use is allowed with a Use Permit. B. The use would not be unreasonably incompatible with or injurious to surrounding property or detrimental to the health, safety and general welfare of the persons residing or working in the neighborhood in that the proposed uses in this permit are allowed in this zone.with approval of a Use Permit; and the type of use requested is compatible with current uses in the neighborhood. C. The use would not be unreasonably incompatible with or injurious to the general .health, welfare and safety of the residents of Butte County in that conditions imposed by this permit, if adhered to by the applicant, will ensure that the public safety is protected. Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this Exhibit A, a Negative Declaration is adopted and a Use Permit for John & Betlina Bracy on AP# 026-141- 022, to allow the construction of a single family residence, is approved subject to the conditions listed herein. B. 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. C. Conditions of -Approval: Prior to the issuance of building permits the parcel must be annexed to O.W.I.D. in order to receive water service. / . Merge old subdivision lots into one lot to eliminate underlying lot.lines. 3. Prior to the issuance of building permits obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. 4. Prior to the issuance of building permits establish 100 year floodplain elevations and the lowest floor elevations for any structures. Construct the residence _from the lowest finished floor elevation, one foot above the established 100 year floodplain elevation. 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. 5. Applicant must also comply with all other applicable State and local statutes. ordinance, and regulations. hereby declare under penalty of perjury that I have read the foregoing conditions and that they are, in fact, the conditions which were imposed upon the granting of this permit. I agree to abide fully by said conditions. Dated: q-11�-�i� Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building an Health Department permits before starting construction does it waive any other requirements. Butte CounW Planning mmissio hairman CC: Land Development Division Building Division Health Department Dept. of Forestry APPROVED Development Plan DATE SEp 11 USE PERMIT V' VARIANCE oe,).;.,rjrjent MINOR U.P. —ADM.PERMIT MAY 15 1996 PLANNING COMMISS. Oroville, CiifirOrnia PLANNING MANAGER PLOT PLAN_ 1'=30' 100, AP# . 026-141-022-000 LEA 11 Septic Tank 23' T— HOUSE GARAGE Cu zo 54' 24 Cu As� . 81— lo 31 Pr. I F. Pd. Driveway 13 Esperanza Ave. .......... ..... . ...... . ... ............. .. . ........... I ................... .... - ------------ NOTICE OF DETERMINATION TO: _ Office of Plan.& Research Dept. 1400 Tenth Street Sacramento, CA 95814 qr p E 1 819,36 E! 1 X Butte County Clerk CA 'DACEr'Jf�6S. B it 1';EERX FROM: Butte County Planning 7 County Center Dr., Oroville 95965 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Project Title: Use Permit, UP 96-22 AP Number: 026-141-022 Applicant: John & Betlina Bracey State Clearinghouse Number (If submitted to clearinghouse): Contact Person: Steve Hackney Telephone Number: 538-7601 Project Location: Esperanza Avenue, 150 Feet West Of Lincoln Blvd., Palermo Project Description: Use Permit to Build A Home On Vacant Property, Zoned C-1, Surrounded On 3 Sides By Residents This is to advise that the Butte County Planning Commission has approved the above-described project on September 12, 1996 and has made the following determinations regarding the above-described project: 1. The project will, _X_ will not, have a significant effect on the environment. 2. An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. _X_ A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures were, _X_ were not, made a condition of the approval of the project. 4. A statement of overriding considerations was, _X_ was not, adopted for this project. This is to certify that the final EIR with comments and responses and record of project approval is available to the general public at: Date received for filing and posting at OPR Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965 it ' m Farrel, ICP velopment Service Director j:\linda\noe.nod\nod.frm CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FILING FEE EXEMPTION De Minimis Impact Finding (Fish and Game Code Sec. 711.4; Section 753.5c, Title 14, California Code of Regulations) Project Title / Butte County Location: Use Permit, UP 96-22, Palermo Project Description: Use Permit To Build A Home On Vacant Property, Zoned C-1, Surrounded On 3 Sides By Residents Findings of Exemption (attach as necessary): 1. The county of Butte has conducted an initial study and prepared a Negative Declaration so as to evaluate the potential of this project for adverse environmental impact: 2. When considering the record as a whole, there is no evidence before the County that the project will have potential for an adverse impact on wildlife resources or the habitat upon which the wildlife depends. 3. The County of Butte has, on the basis of substantial evidence, rebutted the presumption of adverse effect contained in Section 753.5 (d), of Title 14, California Code of Regulations, if applicable. 4. The project is hereby found to be de minimis in its effect on wildlife and exempt from the State Fish and Game filing fees required by Section 711.4 of the Fish and Game Code. Certification: I hereby certify that the County of Butte has made the -above findings of fact and that based upon the initial study and hearing record the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. By: -�e WilliaSwfarrel, AICP Director of Development Services Lead A ency: County of B tte Date: j Alinda\noe.nodW&g.let DECLARATION OF FEES DUE* (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT John & Betlina Bracey 2384 Kenilworth Avenue Palermo, Ca FILING NO. CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION () A. Statutorily or Categorically Exempt $25.00 Clerk's Documentary Handling Fee (X) B. De Minimus Impact - Certificate of Fee Exemption $25.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION - FEE REQUIRED () A. Negative Declaration $1,250 State Filing Fee $25.00 Clerk's Documentary Handling Fee () B. Environmental Impact Report $850 State Filing Fee $25.00 Clerk's Documentary Handling Fee 3. ( ) OTHER (Specify) $25.00 Clerk's Documentary Handling Fee PAYMENT / NON-PAYMENT OF FEES: 1. (X) PAYMENT: The above fees have been paid. See attached receipt(s). -,4 16r& D D 2. ( ) NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: William Farrel Title: Development Service Director Lead Agency: Butte County Department of Development Services Date: o 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. j :\linda\noe.nod\f& gfee r,* • COUNTY OF BUTTE ENVIRONMENTAL INFORMATION FORM (To be Completed By Project Applicant) Date Filed �/f Lq& I7 General Information: ll11 1. Name and address of ow er, and/or developer, and/or project sponsor:–Sohn 1p;� 1►-�fn -)uXu 2. Address of project: 3 4 Assessor's Parcel Number: c),;) U- W -)a D ing this project: 0 List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: 5. Existing general plan'designation: 6. Existing zoning district: 1 i 7. How is land currently used? 8. Proposed use of site (Project for which this form is filed): Project Description: 9. Site size: I �1 I �y' (Acres/Sq. Feet) 10. Off-street parking spaces: Full size: N�I� Compact: � Total: N A 11. Plans attached Yes No N 12. Proposed development schedule N * a 13. Associated projects ' N, A 14. Anticipated incremental or phased development N 1 F\ MAY 15 1996 ®rovi", —--11a ❑ Butte County Department of Development Services ❑ Planning Division ❑ 1 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 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 YL— or substantial alteration of ground contours. 21. Change in scenic views or vistas from existing residential \ /I 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. — — 10 27. Site on filled land or on slopes of 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. — Plaianing Denartment MAY 15 1996 ❑ Butte County Department of Development Services ❑ Planning Division ❑ 2 i 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. vaCco� \ v� 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. Snapspots or Polaroid photos will be accepted. socia on -J 71 W mAmw f ' E>6E 15 LXXCQT& 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 Signnat,ure. for J pini,nin";:�?rtreng MAY 15 1996 K:\FORMS\ENV-INFO ❑ Butte County Department of Development Services ❑ Planning Division ❑ 3 l�'AnA�N � �- o -r NIX T TU OF 40 T ��UC� MAY 15 196 I r PLANNING DIRECT_OB;- � APPROVED% AR_ H -I ORD. DATE BY ORD. DATE BY 2393 1506 10-15-74 2393 2-28-84 w 2486 9-17-85 2842 6-26-90 I m 2574 1-6-87 1629 10-7-75 µ4�rE / �' 3 X 52 8-23-94 I YI w W N 4 Z Y > 1y 0 M ~ W W � a 8 AV I.'JE INDEX MAP • NO SCALE I LpT V OR MLLE EN Da 1 �IO7MILl. I B 7;� �t! i/F, MINE 23 .11■111 �� ■��� -� m ra L► N �- UST A# Q Lo - 1 'I I - O 222. 02-6 1 H 1 - _ ► _ -020- „.,, � o `�- D %_ - I � I — D O� N��r� v Da,( O© % i cmcY 2 1 I O � � r �,,,, � "V" D f ( RcG�LA�� r IDIiress ��.:1, Cr D I Sh c>rz:,- C� o I \.,•�aaUoc.Lia v) O I vJ C aZ tit loll n I SP�fLS 1� L%' 8 iaVSl: 3 C),Y-"+U rso •� D O� �i,G�G�L•� l- D2(n a ? y e DD 26 - 0 -2- 0uv t 0 u v 02D 20 Nc C� 0'x,1 i • i i 4 L: 026 141 022 000 STATUS: ACTIVE L: 026 113 018 000 STATUS: ACTIVE DAMICO MARY CAMERON KNUTSON RONALD JAMES & GEORGIA SUE JT 3735 MERIDIAN AVE N 1931 BALDWIN AVE SEATTLE WA 98103 PALERMO CA 95968 L: 026 113 003 000 STATUS: ACTIVE L: 026 113 020 000 STATUS: ACTIVE HORTON JOSEPH SCOTT ETAL FLETCHER DAWN EDEN ETAL HORTON W I L!`1A SUE 1661 WASHINGTON AVE 1130 BRERETON WAY OROVILLE CA 95965 OROVILLE CA 95966 L: 026 113 005 000 STATUS: ACTIVE L: 026 113 022 000 STATUS: ACTIVE TOMPKINS MARY SONSTROEM IRENE M SS 1992 BALDWIN AVE 1950 ESPERANZA AVE PALERMO CA 95968 PALERMO CA 95968 L: 026 113 006 000 STATUS: ACTIVE L: 026 113 023 000 STATUS: ACTIVE ROSE RUSSELL & JUANITA J DURAN ROSA E 2671 ORO QUINCY HIGHWAY 1970 ESPERANZA OROVILLE CA 95966 PALERMO CA 95968 L: 026 113 009 000 STATUS: ACTIVE L: 026 113 024 000 STATUS: ACTIVE BIDWELL CHARLES & STELLA HOFFMAN JAMES & ELSIE P 0 BOX 242 1951 BALDWIN AVE PALERMO CA 95968 PALERMO CA 95968 L: 026 113 011 000 STATUS: ACTIVE L: 026 113 025 000 STATUS: ACTIVE REGALADO ISIDRO & PAULINE G CONNELL KIMBERLY G •P 0 BOX 316 1941 BALDWIN AVE PALERMO CA 95968 PALERMO CA 95968 L. 026 113 012 000 STATUS: ACTIVE L: 026 114 002 000 STATUS: ACTIVE �. SMART CHARLES C & LELA M SMART DUANE R 1911 BALDWIN AVE 1911 BALDWIN AVE PALERMO CA 95968 PALERMO CA 95968 L: 026 113 014 000 STATUS: ACTIVE L: 026 114 010 000 STATUS: ACTIVE WEIR RICHARD G & BERNICE L YOUNG FRANK H & SHARON E 1922 ESPERANZA AVE 7285 LINCOLN BLVD PALERMO CA 95968 PALERMO CA 95968 L: 026 113 015 000 STATUS: ACTIVE L: 026 141 007 000 STATUS: ACTIVE 4 SPARKS KENNETH M RICKEY RUTH LOMBARD 1936 ESPERANZA AVE 1974 PALERMO RD PALERMO CA 95968 PALERMO CA 95968 L: 026 141 010 000 STATUS: ACTIVE FIRESTINE MARTHA JO ETAL P 0 BOX 47 PALERMO CA 95968 L: 026 141 013 000 STATUS: ACTIVE REED DAVID M LIVING TRUST REED DAVID & WHITEHURST ARLENE J TRUST P 0 BOX 206 PALERMO CA 95968 L: 026 141 014 000 STATUS: ACTIVE FIRESTINE GEO E & MARTHA J P 0 BOX 477 PALERMO CA 95968 L: 026 141 016 000 STATUS: ACTIVE MAGLIOCCA DONALD L & CAROLINE 1933 ESPERANZA AVE PALERMO CA 95968 L: 026 141 017 000 STATUS: ACTIVE HOLCRAFT ROY LEE & BARBARA L JT 1943-ESPERAN2A AVE PALERMO CA 95968 L: 026 141 018 000 STATUS: ACTIVE HUSE JAMES EDWARD P 0 BOX 1 PALERMO CA 95968 L: 026 142 001 000 STATUS: ACTIVE MARTIN DAVID W & JANE S PO BOX 84 PALERMO CA 95968 L: 026 142 008 000 STATUS: ACTIVE CUNNINGHAM E C & CAROLINE 138 EDGEWOOD DR ! OROVILLE CA 95966 L: 026 143 002 000 STATUS: ACTIVE AICHELE RICHARD J i... 2015 PALERMO RD PALERMO CA 95968 • L: 026 143 01-. 000 STATUS: ACTIVE RIDER MARY J L: 026 143 020 00 STATUS: ACTIVE ROSAS RAMIRO J 6141 RUTLAND DR CARMEL CA 96608 L: 026 143 019 000 STATUS: ACTIVE RIDER MARY J P 0 BOX 665 PALERMO CA 95968 L: 026 143 020 000 STATUS: ACTIVE ROSAS RAMIRO J 6141 RUTLAND DR CARMEL CA 95608 L: 026 143"025 000 STATUS: ACTIVE YANG DONGJOON & SOONJA P 0 BOX 126 PALERMO CA 95968 1 . no 06 -7 L-1 wo eNvAPPLICANT RECEIVED FROM � USE 'PUBLIC ZONING OTHER RECEIPT TOTALPUBLIC LAFCO VAAIANG ES NEALTN DATE PERMITS DOCUMENTS NO. RECEIVE WORKS RECEIPT 15600 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE -OF PLANNING ISS E By i eAwx COUNTY OF BUTTE Oroville, California GENERAL CLAIM CLAIMANT: John & Betlina Bracey ADDRESS: 2384 Kenilworth Avenue CITY & STATE: Palermo, CA 95968 DATE OF CLAIM: October 17, 1996 SUBMIT CLAIM TO DEPARTMENT RECEIVING GOODS OR SERVICES IMPORTANT.• SEE INSTRUCTIONS ON REVERSE SIDE DATE DESCRIPTION OF CLAIM (DESCRIBE FULLY TO AVOID DELAY) AMOUNT II 10-17-96 Use Permit, File UP 96-22, - REFUND $110• 90 TOTAL $110. 9011 I, the undersigned, declare under penalty of perjury that the services or articles claimed have been performed or delivered, and that this claim is true and correct as stated. Dated this ti N day of �'1V � 19 al ^, at ��1J,I,Y Calif. Signature of Claimant I, the undersigned, hereby certify that, to the best of my knowledge, the services or articles specified above have been performed or delivered and that there is a Budget Appropriation [M or Specific Board Approval [ ] (Check one) for the same. Dated this 0 �' day of 19 9C , at D6?- 0-u i ► t C Calif. Department H ad or Authorized Deputy Dept. Code 480-001 Exp. Code 4210900 PAYABLE FROM GENERAL FUND DO NOT WRfTE BELOW THIS LINE - AUDrrOR'S USE ONLY DEPT. & SUB. PROD. SUB. OBJ. CLAIM NO. INV. NO. INV. DATE ENCUMB. GROSS AMT. �I �I �I it 6 Date 10/17/96 r Revelopment Services DepartSent Time 2:36 pm Applicant Billing Worksheet UP 96-22 * John & Betlina Bracey Esperanza Avenue Palermo, CA 95968 In reference to : IIP, AP#026-141-022 Rounding : None Full Precision : No Last bill / / Last aging Last charge 10/03/96 Last payment / / Amount $0.00 Date/Slip# Description HOURS/RATE 05/06/96 Linda / C 0.50 #8675 Clerical 34.00 05/20/96 Linda / C 1.50 #8736 Clerical 34.00 05/20/96 Linda / C 1.50 #8740 Clerical 34.00 05/20/96 Steve H / P 1.00 #8758 Processing 59.00 05/20/96 Paula L. / P 0.25 #8799 Processing 59.00 05/20/96 Larry / P 2.00 #8829 Processing 59.00 07/01/96 Craig / P 0.50 #9164 Processing 59.00 07/01/96 Steve H / P 1.00 #9270 Processing 59.00 07/15/96 Steve H / P 2.00 #9372 Processing 59.00 07/29/96 Craig / P 1.25 #9496 Processing 59.00 07/29/96 Steve H / P 1.50 #9536 Processing 59.00 08/12/96 Lynn / C 0.25 #9573 Clerical 45.00 17.00 51.00 51.00 59.00 14.75 118.00 29.50 59.00 118.00 73.75 88.50 11.25 Page 1 TOTAL Date 10/17/96 'evelopment Services Departl6ent Time 2:36 pm Applicant Billing Worksheet UP 96-22 * :John & Betlina Bracey (continued) Date/Slip# Description 08/12/96 Craig / P #9594 Processing 08/26/96 Lynn / C #9724 Clerical 09/09/96 Steve H / P #9809 Processing 09/09/96 Teri / C #9854 Clerical 09/09/96 Lynn / C #9860 Clerical 09/09/96 Diana / C #9898 Clerical 09/21/96 Paula A. / C #9929 Clerical TOTAL BILLABLE TIME CHARGES HOURS/RATE AMOUNT 0.75 44.25 59.00 1.00 45.00 45.00 •0.50 29.50 59.00 0.50 17.00 34.00 0.25 11.25 45.00 0.40 13.60 34.00 0.50 17.00 34.00 17.15 Date/Slip# Description OTY/PRICE 08/12/96 Teri / $0 1 20.75 #9778 Publish Legal Notice in-Oroville 20.75 Mercury Register TOTAL BILLABLE COSTS TOTAL NEW CHARGES PAYMENTS/REFUNDS/CREDITS 05/15/96 Deposit - Receipt #15409 10/17/96 Refund/Claim Form to Auditor (1,000.00) 110.90 Page 2 TOTAL $868.35 $20.75 $889.10 Date 10/17/96 Development Services Depar• nt Time 2:36 pm Applicant Billing Worksheet UP 96-22 * :John & Betlina Bracey (continued) TOTAL PAYMENTS/REFUNDS/CREDITS NEW BALANCE Page 3 ($889.10) TOTAL NEW BALANCE $0.00 SENDER: rn • Complete items 1 and/or 2 for additional services. I also wish to receive • Complete items 3, and 4a & b. following services (for an ex V 2 • Print your name and address on the reverse of this form so that we can fee): > return this card to you. d • Attach this form to the front of the mailpiece, or on the back if space 1. ❑ Addressee's Address N does not permit. L• Write "Return Receipt Requested" on the mailpiece below the article number. 2. ❑ 'Restricted Delivery r G • The Return Receipt will show to whom the article was delivered and the date c delivered. Consult postmaster for fee. V 4) 3`. Article Addressed to: J �' • 4a. Article Nu er Z-3�� O CL C 6—*-, 4b. Service Type (D E �38� I J� �, ,_ �� f / F-1 Registered El Insured c .r-VW0 C� as��g • ❑ COD b Express Mail E] Return Receipt for Merchandise 5 o 7. Date of Delivery w T 5. S'nat re (Add r ssee) 8. Addressee's Address (Only if requested Y T and fee is paid) F- r cc W 6. Sig i tole IA en tq-, � PS Form 3 1, December 1991 a .S. GPO: 188223-402 DOMESTIC RETURN RECEIPT 0TED STATES POSTAL SERVICE Official Business PENALTY FOR PRIVATE USE TO AVOID PAYMENT OF POSTAGE, $300 Print your name, address and ZIP Code here COUNTY OF BUTTE DEPARTMENT OF OEVB MENT SERVICES PLANNING DIVISION 7 County Center Give Oroville, CA 95965.3397 October 1, 1996 PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: 1916) 538-7601 FAX: (916) 538-7785 John & Betlina.Bracey 2384 Kenilworth Ave. - --Palermo, CA 95968 = = CERTIFIED MAIL --Re: Use Permit,'AP 026-141-022 - Dear Mr. and Mrs. Bracey: - Enclosed is your validated. Use Permit No. UP 96-22 to build a. residence on vacant property zoned C-1, located on Esperanza Avenue approximately 150 feet west of Lincoln Boulevard, in Palermo. Currently the site is undeveloped. Parcel size is 100 X 150. Surrounding parcels are developed with .single family residences' on three sides. - A foundation for a structure exists on the fourth side. Zoning on the west and north sides is ARMHA, wile property to the east and south is zoned Commercial., Should you have any questions regarding this matter, please contact this office between 8:00 a.m. and 4:00.p.m., Monday through Thursday. _t Sincerely, Bill Farrel Director of Development Services WF:pa Enc. cc: Land Development Division Building Division Environmental Health Department of Forestry j:\1emp\up7 � 1 r Z 379.-332: 170' Receipt for Certified Mail No Insurance Coverage Provided 00ST1LL —TED sTATEs Do not use for International Mail SEWCE (See Reverse M o j t S et an � DO DO t e and ZIP Code O %1 _ Postage 8 ' CID $ M E Certified Fee O - SjfeeiaD lDZrtive'ey/Felt' Return Receipt Showing to Whom & Date Delivered Return Receipt Showing to Whom, "Date, w- and Addressee's Address TOTAL Postage $ & Fees Postmark or Date t MEMORANDUM TO: Butte County Assessor's Office FROM: Butte County Planning Department SUBJECT: John & Betlina Bracey DATE: October 1, 1996 Pursuant to Section 65863.5 of the Government Code, the following parcel identified as 026-141-022, was: Rezone from to zoning district. Granted a variance to X Issued a conditional use permit to build a residence on vacant property zoned 0-1, located on Esperanza Avenue approximately 150 feet west of Lincoln Boulevard, in Palermo. Currently the site is undeveloped. Parcel size is 100' X 150'. Surrounding parcels are developed with single family residences on three sides. A foundation for a structure exists on the fourth side. Zoning on the west and north sides is ARMH-1, wile..property to the east and south is zoned Commercial. jAtemp\assessor r � ' NOTICE OF DETERMINATION TO: _ Office of Plan.& Research Dept. �- 1400 Tenth Street l B®S. [U [- CO. C', RK Sacramento, CA 95814 - -- DEPUTY X Butte County Clerk FROM: Butte County Planning 7 County Center Dr., Oroville 95965 (�®� SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Project Title: Use Permit, UP 96-22 AP Number: 026-141-022 Applicant: John & Betlina Bracey State Clearinghouse Number (If submitted to clearinghouse): Contact Person: Steve Hackney Telephone Number: 538-7601 _ Project Location: Esperanza Avenue, 150 Feet West Of Lincoln Blvd., Palermo Project Description: Use Permit to Build A Home On Vacant Property, Zoned C-1, Surrounded On 3 Sides By Residents This is to advise that the Butte County Planning Commission has approved the above-described project on September 12, 1996 and has made the following determinations regarding the above-described project:. 1. The project will, _X_ will not, have a significant effect on the environment. 2. An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. _X A Negative.Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures were,._X_ were not, made a condition of the approval of the project. 4. A statement of overriding considerations was, _X_ was not, adopted for this project. This is to certify that the final EIR with comments and responses and record of project approval is available to the general public at: Date received for filing and posting at OPR Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965 it . m Farrel, ICP velopment Service Director j.Minda\noe.nod\nod.frm CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FILING FEE EXEMPTION De Minimis Impact Finding (Fish and Game Code Sec. 711.4; Section 753.5c, Title 14, California Code of Regulations) Project Title / Butte County Location: Use Permit, UP 96-22, Palermo Project Description: Use Permit To Build A Home On Vacant Property, Zoned C-1, Surrounded On 3 Sides By Residents Findings of Exemption (attach as necessary): 1. The county of Butte has conducted an initial study and prepared a Negative .Declaration so as to evaluate the potential of this project for adverse environmental impact: 2. When considering the record as a whole, there is.no evidence before the County that the project will have potential for an adverse impact on wildlife resources or the habitat upon which the wildlife depends. 3. The County of Butte has, on the basis of substantial evidence, rebutted the presumption of adverse effect contained in Section 753.5 (d), of Title 14, California Code of Regulations, if applicable. 4. The project is hereby found to be de minimis in its effect on wildlife and exempt from the State Fish and Game filing fees required by Section 711.4 of the Fish and Game Code. Certification: - I hereby certify that the County of Butte has made the above findings of fact and that based upon the initial study and hearing record the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. By: Willi arrel, AICP Director of Development Services Lead Aency: ounty of B tte Date: j Alinda\noe:nod\f&g.let • DECLARATION OF FEES DUE* (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT John & Betlina Bracey 2384 Kenilworth Avenue Palermo, Ca FELING NO. CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION () A. Statutorily or Categorically Exempt $25.00 Clerk's Documentary Handling Fee (X) B. De Minimus Impact - Certificate of Fee Exemption $25.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION - FEE REQUIRED () A. Negative Declaration $1,250 State Filing Fee . $25.00 Clerk's Documentary Handling Fee () B. Environmental Impact Report $850 State Filing Fee $25.00 Clerk's Documentary Handling Fee 3. ( ) OTHER (Specify) $25.00 Clerk's Documentary Handling Fee PAYMENT / NON=PAYMENT OF FEES: 1. (X) PAYMENT: The above fees have.been paid. -See attached receipt(s). -,4 15600' 2. ( ) NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: William Farrel Title: Development Service Director Lead Agency: Butte County Department of a&&jh!2LA2 Develo ment Services Date: 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. j : V inda\noe. nod\f& gfee 06 PUBLIC USE VARIANCES PUBLIC ZONING ENV OTNER APPLICANT RECEIVED FROM RECEIPT TOTAL LAFCO DOCUMENTS KEALTK DATE PERMITS NO. RECEIVED WORKS RECEIPT 15600 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING I55 E BY f • BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given by the Butte County Board of Supervisors that a public hearing will be held on Thursday, September 12, 1996 at 9:00 a.m. in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item at the following time: ITEM ON WHICH A NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS HAS BEEN RECOMMENDED 9:00 a.m. - John and Betlina Bracey - Use Permit to allow a residence on vacant property zoned C-1 (Light Commercial) located on Esperanza Avenue, approximately 150 feet west of Lincoln Boulevard, identified as AP 026-141- 022, Palermo. (SH) (UP96-22) The above mentioned application, Negative Declaration, and map are on file and available for public viewing at the office of the Butte County Planning Department, 7 County Center Drive, Oroville, California. If you challenge the above applications 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 BARRY K. HOGAN, PLANNING MANAGER To be published in the Oroville Mercury, Monday, August 12, 1996. utteCounty 4S PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916) 538-7785 August 19, 1996 John and Betlina Bracey 2384 Kenilworth Avenue Palermo, CA 95968 Re: Use Permit, AP 026-141-022, UP96-22 Dear Mr. and Mrs. Bracey: Enclosed is a copy of the Agenda Report concerning your application for a Use Permit to build a residence on property zoned C-1 located on Esperanza Avenue, Palermo. 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 September 12, 1996, at 9:00 a.m. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. The Commission recommends that the applicant or their authorized representative be present at the hearing to respond to any questions the Commission may have. Should you have any questions regarding this matter, please contact Stephen Hackney of, this office at 538-7601, between 8:00 a.m. and 4:00 p.m., Monday through Thursday. Very truly yours, IJV Stephen Hackney Associate Planner SH:lr Enc. k:\forms\schedule.frm BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is h�sreby given by the Butte County Board of Supervisors that a public hearing will be held or; Thursday, September 12, 1996 at 9:00 a.m. in the Butte County Board of Supervisor`s' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item at the following time: ITEM ON WHICH A NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS HAS BEEN RECOMMENDED 9:00 a.m. - John and Betlina Bracey - Use Permit to allow a residence on vacant property zoned C-1 (Light Commercial) located on Esperanza Avenue, approximately .150 feet west of Lincoln Boulevard, identified as AP 026-141- 022, Palermo. (SH) (UP96-22) The above mentioned application, Negative Declaration, and map are on file and available for public viewing at the office of the Butte County Planning Department, 7 County Center Drive, Oroville, California. If you challenge the above applications 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 BARRY K. HOGAN, PLANNING MANAGER To be published in the Oroville Mercury, Monday, August 12, 1996. Av a i � ant Assessor's Parcel T DATA SEE= A. Project Description 1. Type of Project: UA,( r 2. Brief Description :1�,1=1,�r, �- u,', J 646, r a r, 0 3- 4. . Proposed Density of Development:: 5. Amount of Impervious Surfacing: VV\ V\,11 „,AAJ 6. Access and Nearest Public Road(s) :� >>,� 7.' Method of Sewage Disposal: 8. Source of Water Supply: 9. Proximi ty of Power Lines 10. Potential for further land divisions and development: Environmental Setting Physical Environment: 1. Terrain Topographic Character:�C4� a" a. General b . Slopes : (9 - 02 %9 c. Elevation: d. Limiting Factors: 2. Soils a. b. Limiting Factors: 3. Natural Hazards of the Land ` ^ h 119 a. Earthquake Zone:,_ b. Erosion Potential: d. c. Landslide Potential: y,Q iA-( e. 4. Hydrology Fire Hazard:) J—(An AAAA.sl_ Expansive Soil Potential:- 4. otential Lia -Sheet continued b. Ground Water: C v,,e yy c. Drainage Characteristics: d. Annual Rainfall (normal): e. Limiting Factors: 5. Visual/Scenic Quality: 6. Acoustic Quality: 7. Air. Quality: Biological Environment: 8. Vegetation: 9. Wildlife Habitat: 0 Cultural Environment: 10. Archaeological and Historical Resources in the area: 11. Butte CountygGeneral Plan designation: 12. Existing Zoning: 13. Existing Land Use on-site: 14. Surrounding Area: a. Land b. Zoning:. C .` c. Gen. Plan designations: d. Parcel Sizes: e. Population: 15. Character of Site and Area: 16. Nearest Urban Area: 17. Relevant Spheres of Influence: 18. Improvements Standards Urban Area: 19. Fire Protection Service: a. Nearest County (State) Fire b. Water Availability?� 20. Schools in Area: G Station: Appendix F (b) LEAD - IN SHEET FILE NO: Tm 96-2.2. AP# o 6 -w -o n APPLICANT: John & Betlina Bracey Esperanza Ave„ Palermo, CA 95968 Name Address OWNER: same Name Address REPRESENTATIVE: None Name Address REQUEST: Use Permit: SIZE: / 5- D tQ+9 .�, 1 \�a,��-- LOCATION: l;, 1Qd l5 -p SL& i ?a6 SUPERVISORAL DISTRICT # _ EXISTING ZONING: e ZONING HISTORY: SURROUNDING ZONING: Qr- &.,.,i SURROUNDING LAND USE: SITE HISTORY: GENERAL PLAN DESIGNATION: P Qtldd ryco qd APPLICABLE REGULATIONS: kAforms\lead-in MAY 15 1996 Lf � COM3UNT DISTRIBUTION LIST APPLICATION: RRA Tnhn C Rat-lina, TTco Dam t UP 96-22 DATE: Play 15, 1996 County Offices and Cities:. Irrigation District: Chief Administrative Officer X Develop. Services Director X– . Public Works Director _ Environmental Health Director Plaming Manager — Building Manager _X Sheriff _ BCAG _ ALUC _X_ X LAFCo APCD — Butte Co. Farm Bureau – – — Biggs _ Gridley, — Chico — Off. of Governmental & Env. Relations Oroville Paradise Chico Airport Commission US Forest Service _ — X_ Agricultural Commission Irrigation District: _ Butte Water District — Skansen Subdivision (CSA 21) — Fire Protection X California Department of Forestry — Recreation Districts _ Chico Area Recreation _ Paradise Recreation & Park _ Utilities Biggs/W. Gridley Water — Paradise Irrigation — Thermalito Irrigation — Durham Irrigation Richvale Irrigation Other California Water Service Co. _ Del Oro Water Co. Thermalito Irrigation District _ Other Themalito Irrigation — LO.A. PUD El Medio Fire Protection District Durham Area Recreation — Richvale Recreation & Parks Sterling City Sewer Main Feather River Rec. & Park PG&E North - Chico _ Butte Water - -_ OWID — — Viacom Cable TV Table Mountain Irrigation — Domestic Water Butte Water District — CalTrans OWID — Sewer — Forestry (Attn: Craig Carter) _ _ Butte Water District — Skansen Subdivision (CSA 21) — Fire Protection X California Department of Forestry — Recreation Districts _ Chico Area Recreation _ Paradise Recreation & Park _ Utilities Biggs/W. Gridley Water — Paradise Irrigation — Thermalito Irrigation — Durham Irrigation Richvale Irrigation Other California Water Service Co. _ Del Oro Water Co. Thermalito Irrigation District _ Other Themalito Irrigation — LO.A. PUD El Medio Fire Protection District Durham Area Recreation — Richvale Recreation & Parks Sterling City Sewer Main Feather River Rec. & Park PG&E North - Chico _ Chambers Cable TV _ Pacific Bell _ PG&E South - Oroville. — Viacom Cable TV State Agencies CalTrans Dept of Water Resources _ Dept of Fish and Game — Forestry (Attn: Craig Carter) _ Dept of Parks and Rec. — Highway Patrol _ Central Reg. Water Quality Control _ Department of Conservation — Off. of Mining Reclamation — Off. of Governmental & Env. Relations Federal Agencies US Forest Service _ US Bureau of Land Management Other Districts, Agencies, Committees, etc- taLime LimeSaddle Dist Community Association — Mosq. Abatement Oroville/Butte Co _ — Drainage _ Butte Env.l Council — Paradise Pines Com Reclamation — Cal Native Plant Society - - Butte Co. Mining Committee — — reitii2i3PIC$ �'�r^,^e�tl'^�?l# MAY 15 1996 V BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: OWID FROM: William Farrel, Director Of Development Services RE: Request for Comments on a Development Application: John Bracey, UP 96-22 DATE: May 23,1996 PLANNER: Stephen Hackney We have received an application for development of the below described property. We are reviewing the application for completeness and , if complete, for conditions of approval. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. Comments from your department/division/agency regarding completeness of the application and/or possible conditions of approval are requested. Should you not be able to respond in the time frame given, or if you have any questions, please do not hesitate to give us a call at 538-7601. Thank.you in advance for your tnnc and efforts. This is an application for a Use Permit to build a home on vacant property, zoned C-1, surrounded on 3 sides by residents ( not commercial) on property zoned C-1 ( Commercial) located on EWeranza Avenue, 150 ft. west of Lincoln Blvd., Palermo, identified as APN 026-141-022. It is within Supervisorial District No. 1 . THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) X PLANNING COMMISSION _ DEVELOPMENT REVIEW COMMITTEE ON September 26, 1996. YOUR COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN June 8 ,1996. IFNO COMMENTS OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOUHAVE NONE. COMMENTS (Attach additional pages if necessary): _ .,r;Q. a.v Planning Division JUN P Oraym., tidUiuf 1 ua k:\forrns\comment.f-m 10-16-95 BKH. It 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 MAY 2 @ . BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Environmental Health Director: Mary Mursu FROM: William Farrel, Director Of Development Services RE: Request for Comments on a Development Application: John Bracey, UP 96-22 DATE: May 23,1996 PLANNER: Stephen Hackney We have received an application for development of the below described property. We are reviewing the application for completeness and , if complete, for conditions of approval. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. Comments from your department/division/agency regarding completeness of the application and/or possible conditions of approval are requested. Should you not be able to respond in the time frame given, or if you have any questions, please do not hesitate to give us a call at 538-7601. Thank you in advance for your time and efforts. This is an application for a Use Permit to build a home on vacant property, zoned C-1, surrounded on 3 sides by residents ( not commercial) on property zoned C-1 (-Commercial) located on Esperanza Avenue, 150 ft. west of Lincoln Blvd., Palermo , identified as APN 026-141-022. It is within Supervisorial District No. 1 . THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) X PLANNING COMMISSION _ DEVELOPMENT REVIEW COMMITTEE ON September 26, 1996. YOUR COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN June 8 ,1996. IFNO COMMENTS OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOUHAVE NONE. COMMENTS (Attach ad itional pages if a essary): rd ,^d �j¢�- W.-44 Si i/J h.A - t`A Jr -k C.; 4 ave -A. C1 C'j 0 k:\forms\comment.frm 10-16-95 BKH. It Date: f oroviliv, 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Public Works Director FROM: William Farrel, Director Of Development Services RE: Request for Comments on a Development Application: John Bracey, UP 96-22 DATE: May 23,1996 PLANNER: Stephen Hackney We have received an application for development of the below described property. We are reviewing the application for completeness and , if complete, for conditions of approval. If the application is determined to be complete within 30 days of its submittal it should be heard at' the estimated hearing date indicated below. Comments from your department/division/agency regarding completeness of the application and/or possible conditions of approval are requested. Should you not be able to respond in the time frame given, or if you have any questions, please do not hesitate to give us a call at 538-7601. Thank you in advance for your time and efforts. This is an application for a Use Permit to build a home on vacant property, zoned C-1, surrounded on 3 sides by residents ( not commercial) on property zoned C- I ( Commercial) located on Esperanza Avenue, 150 ft. west of Lincoln Blvd., Palermo , identified as APN 026-141-022. It is within Supervisorial District No. 1 . THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) X PLANNING COMMISSION _ DEVELOPMENT REVIEW COMMITTEE ON September 26, 1996. YOUR COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN June 8 91996. IFNO COMMENTS OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOUHAVE NONE. COMMENTS (Attach additional pages if necessary): sem- '14A we cm tr/j�W,0An a Clvryo / nw-, 1-16r7p66' 01- f; 106,01disro-= LvTs ,nira p -w! Lor 70 GZ/At- /N/xn- /JN/l6�cyinf Orr 4r -61 -5 - By: ��c Date: k:\forms\comment.fim 10-16-95 BKH. It 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 M INWMOl3AM 4NH1 3.W18 J0 A1Nf100 9661 £ Z Avw ®3AI333a BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT: John Bracey DATE: May 23, 1996 APN: 026-141-022 FILE #: UP 96-22 PLANNER: Stephen Hackney PROJECT DESCRIPTION: Use Permit Those items checked are conditions of approval. PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS A. STREETS 1. Prior to the issuance of building permits obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. _ 2. Prior to the issuance of building permits deed to Butte County, in fee simple, _ feet of right-of-way from the centerline of . The right of way shall be sufficient for the installation of standard No. S-5 at all street intersections. _ 3. Prior to the issuance of building permits submit road and drainage improvement plans for the installation and construction of the street frontage improvements on to standard, including but not limited to P.C.C. curb, gutter and sidewalk and the required street section for parcels with gross acreage of one acre or less. Construct or install the required improvements. 4. Prior to the issuance of building permits dedicate a one foot "no access strip" or relinquish abutters rights to Butte County, along the frontage of parcels , except at approved access points. B. DRAINAGE _ 1. Prior to the recordation of the issuance of building permits a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. 2. Prior to the issuance of building permits establish 100 year floodplain elevations and the lowest floor elevations for any structures. Show on the site plan map for building permits the elevations (by contours) and the location of an accepted NVGD benchmark and a temporary benchmark on-site. ZOAle lqiv , 1::w v& -L 4809 ■ Use Permit Standard Conditions - Butte County ■ s/z1VqC O' 0 0 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. ■ Use Permit Standard Conditions - Butte County ■ 2 PLEASE CONTACT THE BUILDING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS H. BUILDING PERMITS 1. Prior to building permit issuance for a new residential dwelling unit(s), 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: Park Fee, School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. 2. 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. 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. ■ Use Permit Standard Conditions - Butte County ■ 4 PLEASE CONTACT THE PLANNING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS SITE DEVELOPMENT 1. The project site shall be developed in accordance with the approved project site plan and the conditions contained herein. Said site plan is on file in the Planning Division, is identified as "Exhibit B" and dated 19_ and is incorporated herein by this reference. 2. Prior to the issuance of building permits, the plans, incorporating all applicable conditions of approval shall be submitted to the Planning Division to verify compliance with said conditions of approval. 3. Trash receptacle areas shall be enclosed by a 6 foot high solid masonry wall with view obstructing gates and a solid or semi -open shade cover. Plans to be reviewed and approved by the Planning Division prior to construction. 4. Prior to any use of the project site or business activity being commenced thereon, pursuant to this permit, conditions of approval contained herein shall be completed to the satisfaction of the Planning Division. 5. All electrical and mechanical equipment, including but not limited to air conditioning units, electrical boxes, transformers, and backflow preventers, shall be screened from public view. Screening shall be to the satisfaction of the Planning Division and in compliance with the Building Division. K. LANDSCAPING A detailed landscape and irrigation plan consistent with the project site plan shall be submitted to and approved by the Planning Division prior to the issuance of building permits. 2. A plan of the existing on-site mature trees, located in any area proposed for buildings and vehicular access, shall be provided to and approved by the Planning Division prior to the issuance of building permits and/or prior to grading or vegetation removal. The applicant shall minimize the removal of mature trees, where possible. A mature tree shall be defined as a tree with a trunk measuring 4 inches in diameter, 4 feet from ground level. Mature trees removed shall be replaced by planting replacement trees of equal number and not less than _ gallon size. 3. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris, during the term of this permit. 4. All graded slopes, over 5 feet in height, or on slopes greater than _%, shall be seeded, planted, mulched or hydroseeded or otherwise protected to prevent erosion. A permanent irrigation system shall be installed for non-native vegetation. A one year Faithful Performance bond shall be posted to guarantee installation and established growth. 5. In parking lots of commercial and industrial development, trees of not less than 15 gallon size shall be provided to reduce heat gain from the paved surface and to soften the visual impact of the paved area. Such trees shall be planted at a minimum density of one tree ■ Use Permit Standard Conditions - Butte County ■ 5 every three parking spaces. Tree species shall be approved by the Planning Division prior to planting. 6.. Prior to the commencement of grading and/or construction activity, all individual or groups of oak trees which are to be retained as part of the project, shall be fully protected through the use of root protection zones (RPZ). During construction, RPZs shall be established using protective fencing enclosing an area with a radius 1.5 times the distance from the trunk to the dripline. Within this protective buffer, no grading, trenching, fill, or vegetation alteration of any kind shall be allowed. The RPZs shall be maintained after the completion of construction in order to continue to protect the oak trees, but the fencing shall be removed. L. GRADING 1. During construction, should any archaeological artifacts be discovered, the Planning Division shall be notified immediately, and all work shall cease until a qualified archaeologist has examined the artifacts and the site and submitted his or her findings to the Planning Division, and recommended clearance to continue. Recommencement of construction shall be upon the approval of the Planning Division. Archaeological artifacts are defined as follows: 2. Prior to any clearing, grading and/or construction in a Federal or State identified 100 year floodplain and/or streambed the following entitlements must be obtained: a California Fish and Game 1604 Streambed Alteration permit and an Army Corps 404 permit or exemption certificate. M. ADDITIONAL APPROVALS 1. Prior to the issuance of building permits payment of the North Oroville/Thermalito Traffic Impact Fees shall be made. 2. Prior to the issuance of a building permit for each new or additional living unit the applicant shall execute the Oroville Area Traffic Mitigation Fee Agreement and pay the established fee. _ 3. Prior to the issuance of the Use Permit, to insure the maintenance and continuance of the orchard or other agricultural use of the property, the property owner shall enter into the County approved Orchard Management Agreement. The agreement shall terminate in 10 years or upon a rezoning of the parcel/lot to a zone other than A-5 through A-160. The agreement shall be recorded and recording fees paid by the applicant. 4. 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. _ 5. This Conditional Use Permit is granted for a period of month(s) at the end of which time it shall expire (unless the approving authority has held a hearing thereon and granted an extension. In connection with such an extension the approving authority may add, change, or delete conditions. 6. Approval of this Conditional Use Permit shall become null and void if the use for which it has been granted is not established within two calendar year from the date of approval. No formal cancellation or revocation action by the County will be necessary. ■ Use Permit Standard Conditions - Butte County ■ 7. The developer shall display a current County Zoning and County Land Use Map in the sales office at all times, and/or suitable alternatives. 8. Approval of this application does not become effective unless, prior to 4:00 p.m. on _, 199_, the applicant shall sign and file with the Department of Development Services an Indemnity Agreement in a form satisfactory to the County Counsel. 9. Prior to the issuance of a building permit or prior to the issuance of a Use Permit for a Mobile Home Park the Sheriff Facilities Impact Fee shall be paid, pursuant to the provisions of Chapter 3, Article II of the Butte County Code. The fee amount shall be determined and calculated as of the date of application for building permit. 10. Prior to the issuance of the Use Permit the applicant or property owner shall sign and record the CSA 87 Traffic and Drainage Mitigation Agreement or pay the required fees prior to the issuance of the Use Permit. _ 11. Prior to the issuance of the Use Permit, the applicant shall contact the Butte County Tax Collector's Office to begin the process of a Transient Occupancy Registration Certificate. A Transient Occupancy Registration Certificate shall be required within ten (10) days after commencing business for a motel, hotel, inn, tourist home, bed and breakfast, rooming house, apartment house, mobile home park, recreational vehicle park, campground, or parking area (See Chapter 23A). 12. Prior to the issuance of the Use Permit, the applicant shall pay all outstanding County fees. ■ Use Permit Standard Conditions - Butte County ■ 7 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: California Department of Forestry FROM: William Farrel, Director Of Development Services RE: Request for Comments on a Development Application: John Bracey, UP 96-22 DATE: May 23, t996 PLANNER: Stephen Hackney We have received an application for development of the below described property. We are reviewing the application for completeness and , if complete, for conditions of approval. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. Comments from your department/division/agency regarding completeness of the application and/or possible conditions of approval are requested. Should you not be able to respond in the time frame given, or if you have any questions, please do not hesitate to give us a call at 538-7601. Thank you in advance for your time and efforts. This is an application for a Use Permit to build a home on vacant property, zoned C-1, surrounded on 3 sides by residents ( not commercial) on property zoned C-1 ( Commercial) located on Esperanza Avenue, 150 ft. west of Lincoln Blvd., Palermo , identified as APN 026-141-022. It is within Supervisorial District No. 1 . THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) PLANNING COMMISSION _ DEVELOPMENT REVIEW COMMITTEE ON September 26, 1996. YOUR COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN June 8 91996. IFNO COMMENTS OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOUHAVE NONE. COMMENTS (Attach additional pages if necessary): Plannin_a nl„zsion JUN 0 4 19 g 01OW 1lra Gallf ,mia By: Date: k:\forms\comment.fim 10-16-95 BICH. It 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Ag Commission FROM: William Farrel, Director Of Development Services RE: Request for Comments on a Development Application: John Bracey, UP 96-22 DATE: May 23,1996 PLANNER: Stephen Hackney We have received an application for development of the below described property. We are reviewing the application for completeness and , if complete, for conditions of approval. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. Comments from your department/division/agency regarding completeness of the application and/or possible conditions of approval are requested. Should you not be able to respond in the time frame given, or if you have any questions, please do not hesitate to give us a call at 538-7601. Thank you in advance for your time and efforts. This is an application for a Use Permit to build a home on vacant property, zoned C-1, surrounded on 3 sides by residents ( not commercial) on property zoned C-1 ( Commercial) located on Esperanza Avenue, 150 ft. west of Lincoln Blvd., Palermo , identified as APN 026-141-022. It is within Supervisorial District No. 1 . THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) X PLANNING COMMISSION _ DEVELOPMENT REVIEW COMMITTEE ON September 26, 1996. YOUR COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN June 8 ,1996. IFNO COMMENTS OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOUHAVE NONE. COMMENTS (Attach additional pages if necessary): Planning Dhdrdon N n 4 1996 �I•®yaot���isxo�nta By: Date: k:\fbrms\comment.frrn 10-16-95 BKH. It 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Butte County Sheriff ' N, FROM: William Farrel, Director Of Development Services RE: Request for Comments on a Development Application: John Bracey, UP DATE: May 23,1996 PLANNER: Stephen Hackney DevelopMent Services AY 3 0 1996 We have received an application for development of the below described property. We are reviewing the application for completeness and , if complete, for conditions of approval. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. Comments from your department/division/agency regarding completeness of the application and/or possible conditions of approval are requested. Should you not be able to respond in the time frame given, or if you have any questions, please do not hesitate to give us a call at 538-7601. Thank you in advance for your time and efforts. This is an application for a Use Permit to build a home on vacant property, zoned C-1, surrounded on 3 sides by residents ( not commercial) on property zoned C-1 (-Commercial) located on Esperanza Avenue, 150 ft. west of Lincoln Blvd., Palermo , identified as APN 026-141-022. It is within Supervisorial District No. 1 . THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) X PLANNING COMMISSION _ DEVELOPMENT REVIEW COMMITTEE ON September 26, 1996. YOUR COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN June 8 91996. IFNO COMMENTS OR COMMUMCATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOU HAVE NONE. C NTS (Attach additional page ece„ss ): ening Division k:\forms\comment.frm 10-16-95 BKH. It 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 Ora We have received an application for development of the below described property. We are reviewing the application for completeness and , if complete, for conditions of approval. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. Comments from your department/division/agency regarding completeness of the application and/or possible conditions of approval are requested. Should you not be able to respond in the time frame given, or if you have any questions, please do not hesitate to give us a call at 538-7601. Thank you in advance for your time and efforts. This is an application for a Use Permit to build a home on vacant property, zoned C-1, surrounded on 3 sides by residents ( not commercial) on property zoned C-1 (-Commercial) located on Esperanza Avenue, 150 ft. west of Lincoln Blvd., Palermo , identified as APN 026-141-022. It is within Supervisorial District No. 1 . THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) X PLANNING COMMISSION _ DEVELOPMENT REVIEW COMMITTEE ON September 26, 1996. YOUR COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN June 8 91996. IFNO COMMENTS OR COMMUMCATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOU HAVE NONE. C NTS (Attach additional page ece„ss ): ening Division k:\forms\comment.frm 10-16-95 BKH. It 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 • WV Is UP 96-22 AP#026-141-022 John Bracey pj!17011 tin Milimm • a 0 m • • BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: LAFCo FROM: William Farrel, Director Of Development Services RE: Request for Comments on a Development Application: John Bracey, UP 96-22 DATE: May 23,1996 PLANNER: Stephen Hackney We have received an application for development of the below described property. We are reviewing the application for completeness and , if complete, for conditions of approval. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. Comments from your department/division/agency regarding completeness of the application and/or possible conditions of approval are requested. Should you not be able to respond in the time frame given, or if you have any questions, please do not hesitate to give us a call at 538-7601. Thank you in advance for your time and efforts. This is an application for a Use Permit to build a home on vacant property, zoned C-1, surrounded on 3 sides by residents ( not commercial) on property zoned C-1 (-Commercial) located on Esperanza Avenue, 150 ft. west of Lincoln Blvd., Palermo , identified as APN 026-141-022. It is within Supervisorial District No. 1 . THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) X PLANNING COMMISSION _ DEVELOPMENT REVIEW COMMITTEE ON September 26, 1996. YOUR COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN June 8 ,1996. IFNO COMMENTS OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOUHAVE NONE. COMMENTS (Attach additi9pal pages if necessary): -7KA 09'A 06-b va'& n Vn,Im F- 1,0/r Sc. , '0UHS Z) I/ i� k:\forms\comment.fi-m 10-16-95 BKH. It Planning Division MAY 0=dlle-- Calitomia Date:���� 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: City of Oroville FROM: William Farrel, Director Of Development Services RE: Request for Comments on a Development Application: John Bracey, DATE: May 23,1996 PLANNER:Stephen Hackney ^^ MAY 2 91996 UP 96-22 We have received an application for development of the below described property. We are reviewing the application for completeness and , if complete, for conditions of approval. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. Comments from your department/division/agency regarding completeness of the application and/or possible conditions of approval are requested. Should you not be able to respond in the time frame given, or if you have any questions, please do not hesitate to give us a call at 538-7601. Thank you in advance for your time and efforts. This is an application for a Use Permit to build a home on vacant property, zoned C-1, surrounded on 3 sides by residents (not commercial) on property zoned C-1 ( Commercial) located on Esperanza Avenue, 150 ft. west of Lincoln Blvd., Palermo , identified as APN 026-141-022. It is within Supervisorial District No. 1 . THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) X PLANNING COMMISSION _ DEVELOPMENT REVIEW COMMITTEE ON September 26, 1996. YOUR COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN June 8 91996. IFNO COMMENTS OR COMMUNICATION ARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOUHAIB NONE. COMMENTS (Attach additional pages if necessary): set, -ro OrF�tt ! t Date:~ /3 —T k:\forms\comment.fim 10-16-95 BKH. It Planning n:. = SIOII JUN0 3 1996 .,ae„omla 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 PdE Pacific Gas and Electrioompany 460 Rio Lindo Avenue *Don Chambers Chico, CA 95926 Chico Land Rights Office 916/894-4423 FAX 916/894-4737 June 13, 1996 Mr. Barry K. Hogan Butte County Department of Development Services Planning Division 7 County Center Drive Oroville, CA 95965 Attention: Stephen Hackney, Planner RE i Use Permit -Bracey FILE: UP #96-22 Dear Mr. Hackney: In regards to the subject project; please be advised that PG&E has no comments or objections with regards to our facilities. Thank you for the opportunity to review this matter. If you have any questions, please call me at 894-4423. Please refer all future matters of this nature to my attention at the above letterhead address in lieu of Al Sunahara. Sincerely, �a Donald W. Chambers Land -Agent (file: UP96-22.1tr) ' Planning Division J U N 1 7 4: --- Oroviiie, Cafornia 0 PLOT PLAN 1'=30' 100' ---7r AP# 026-141-022-000 Tnnk/Septic 23' a.errb—"wm iv . ev Peffi HOUSE Cu 54' a, . FP P—h 30' Pa L E Pd. 22' — TRU °+p° m Esperanza Ave. GARAGE T zo Cu — 24' —r 18' Driveway .TRM 11 MAY 15 1996 I in Drawn 1 J. Bracey 5/1S/9(o ISy09 ISO. dD l.. oo L(S•oc� q3- o t()q BNc ,�r�'e DATE RECEIPT NO. TOTAL RECEIVED PV ELIC WORKS LAFCO USE PERMITS VARIANCES PUBLIC DOCUMENTS ZONING ENV HEALTH OTHER APPLICANT RECEIVED FROM RECEIPT 15409 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING ISSUED BY El E3 TOWN ()F VAL. � R m ... �.... . �a36 O J ESPERANZA co ' I o 75 100 1 150 ( C 1 0 1 s i lop i I I W --- IT6�gi -- 175 22.1 i 21 ITAC i' O I 111 I 1 1 1.< 1 2 16 1 117 I ( 'I3413313213t.1301I h w49 3t 136 3T 138 130 i 34 33132131 _ _3_ _ 0441 43 42 4 f 4a 39 38 3 38 130 1 I _ _2 1 I ( J I 1. I 18 4 '° iD I X21 122 i 34AC I 20 AI I_ O 1 1 1 1 1 2 1 3 1 I I I I 11 1 I I I C) 1 - - - - - - - PN a8-4 1 I I I I Z 14 ` 19 141 _ I 1 1 I s1 s ----T— 9 I d11 I /•{jO 1 2 34 516 17113 1! 120 ; 21 22 123 1 24 25i26i37..1 O aIiI I10 I 1 1 I I _—_L _J__. �_L_ty_ �.J _ l12 _------- - - �" T5 100 t00 100 a PALERMO ROAD PALERMO HONCUT '125.50 50 I 50 159.11 75 � Q —19 20 21 — _ _ — T — 25 — j'\ Ry 5133 I 'I ' 151.71 0 1 0 c R/5 I382 I I v 'n- - Y�& _ r' I I 134 133 132 1 31 30 129 128 12T 40 13! 36 13TH 361 134 9 13t 40 3! '130 37 36 30 1 1 1 1 1 I 2� I 1 I 1 I 1 I I I 1 1!1.43 5 1 l 0 2 1 `-' a Lei 4- • 1 1 ( I —s �I 143 1 ' 13 12 — T —20 -• -I 5 6 1 I I s 12 j I .I I I I I I 1 1 I• j 1 1 1 1 1 1 1 1 I 01121314 0 1 8 T16 ! Q ---9 --.11 13 114 I ( T. IM N 120 21 122I?.3 2a 125 I - W • 1 I ..��) I 10 il, 1I126 .s I so' 56 so I ' � 12 1 1 . o KENILWORTH►VE. /7. • -NOTE-ASSESSOR'S PARCEL BLOCK -, & LOT NUMBERS SHOWN 6036 IN CIRCLES PALERMO CITRUS TR SUB NO NOR WALL NO3 AVE. o • HWY. I This Parcel now 1 026-15-3-013-0 it i Assessor's Mop No. 26 - /4 County of Butte, Calif. —,,,� REVISED: 1- 95 0 v m 3> LO LO 0 v r' COUNTY OF BUTTE �'� • �" 'iD OFFICE OF PLANNING DEPARTMEI� 7 COUNTY CENTER DRIVE F' OROVILLE, CALIFORNIA 95965-3397 ¢• r ( ) NO UCH NUMBER ( ) UNCLAIMED` ( )FORWARDING EXPIRED ( )VACANT" ( )INSUFFICIENT ADDRESS ( )REFUSED ►ATTEMPTED-UNKNOI�lN ( )Ido SUCH ST l ( )NO HAIL RECEPTACLE ( )ILLEGIBLE PUBLIC (L: 026 141 014 000 STATUS: ACTIVES FIRESTINE GEO E & MARTHA J. p 0 BOX 477 ••- 1, ning ®��n HEARINGPALERMO CA 95968 �� 6 20 tboE NOTIC i 2'96 PUBLIC (L: 026 141 014 000 STATUS: ACTIVES FIRESTINE GEO E & MARTHA J. p 0 BOX 477 ••- 1, ning ®��n HEARINGPALERMO CA 95968 �� 6 20 tboE NOTIC /mac cn SOS U4 C) --96rr, COUNTY OF BUTTE OFFICE OF PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3397 PUBLIC HEARING NOTICE W' WORtfARDIr4G 0SUCHNUPtBER ( )UAIMEDNSUFFICTENEXPIREb ( )VACANT ( )ATTEPIP'FED_ ADDRESS (` )REFUSED ( )NO MAIL REE TACLE()NO SUCH ST ( )ILLEGIBL'E4-U.. �AICHELE 026 "1`+x"3 www RICHARD J 2015 PALERMO RD -. 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