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HomeMy WebLinkAboutUP 97-01COUNTY OF BUTTE ENVIRONMENTAL INFORMATION FORM (To be Completed By Project Applicant) Date Filed JU, WE 25 N961 General Information: 1. Name and address of owner, and/or developer, and/or project spponsor: SHARo W SPORLOCK ER 2. Address of project: 10 MEN `Z b E LA W E -607A'f CKEF—K CA 2541(, Assessor's Parcel Number: d� Z --L'5 0 .." O i 8 3. 4 List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: USS. PERM I 5. Existing general plan designation: A R 6. Existing zoning district: 7. How is land currently used? E S I Di`. IiQ-1—IAL 8. Proposed use of site (Project for which this form is filed): R C -C L E a wj F6kV PM E?,S T E Ni—rA L Project Description: 9. Site size: a8 *Z AC (Acres/Sq. Feet) 10. Off-street parking spaces: Full size: 3 Compact: Total: 3 Plans attached Yes • '� No Proposed development schedule ®PEPJi G 0ATE- E- OC"f I 1c)9 W Associated projects No N E - Anticipated incremental or phased development Now JUL 0 1 1996 Orov"le, California O Butte County Department of Development Services O Planning Division O 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 or substantial alteration of ground contours. _ 21. Change in scenic views or vistas from existing residential x areas or public lands or roads. — — 22. Change in pattern or character of general area of project. — X 23. Significant amounts of solid waste or litter. 24. Change in dust, ash, smoke, fumes or odors in vicinity. — X 25. Change in bay, lake, river, stream or ground water quality K or quantity, or alteration of existing drainage patterns. — 26. Substantial change in existing noise or vibration levels in the vicinity. — 27. Site on filled land or on slopes of 10 percent or more. — X 28. Use of, or disposal of potentially hazardous materials, , such as toxic substances, flammable or explosives. 29. Substantial change in demand for municipal services X (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. — Planning Division J l� p_ 1 9996 ( towilley Caiitoml ❑ Butte County Department of Development Services ❑ Planning Division ❑ 2 Environmental Setting: (Attach brief description) 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one -family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set -back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date Signature for �O Planning Division J U L 0�;` Oroviile, Caiifcai,w K:\FORMS\ENV-INFO 0 Butte County Department of Development Services ❑ Planning Division ❑ 3 • • COUNTY OF BUTTE ENVIRONMENTAL INFORMATION FORM DESCRIPTION ATTACHMENT 16. THE PROPOSED COMMERCIAL USE OF THIS PROPERTY IS TO FULLY OPERATE A CERTIFIED "CALIFORNIA BEVERAGE .CONTAINER RECYCLING AND LITTER REDUCTION" FACILITY AND SMALL EQUIPMENT RENTAL COMPANY. THIS TACILITY WILL -BE LOCATED.ON.THE MAIN THOROUGH FAIR; IN A RURAL NEIGHBORHOOD, WHERE PROPERTIES AVERAGE ONE-(1).ACREJN_SIZE..THE TOTAL BUILDING AREA WILL. E 40 SQUARE FEET. THE TOTAL COMMERCIAL AREA, INCLUDING LOAD AND PARKING, WILL BE 3200. SQUARE FEET. 19. THIS PROJECT INVOLVES GETTING A USE PERMIT. THIS IS REQUIRED BECAUSE TTIE,ZONING IS " U ..'AND THE. GENERAL PLAN IS "AR." 32. THE EXISTING SITE IS IN A RURAL MOUNTAIN NEIGHBORHOOD. THE SLOPE OF THE —LAND—IS—LESS THAN ..05'V FT.. THE _SOIL.IS STABLE. TWENTY FIVE PERCENT OF THE SITE IS COVERED BY NATURAL TREES AND SHRUBS" THATVMI- TDT-BFDISTITRRFT7:1FE1S.ND.C19-TLRAL,I3LSTORICAL--OR SCENIC VALUE TO THE SITE. SINCE NATURAL TREES AND SHRUBS WILL NOT B�J)ISTIJRBED, ANIMAL. HARITAT WIT j, -OT S :iANGE.- THF.RFISD- ISM EXISTING RESIDENCE ON THE PROPERTY. THIS RESIDENCE WILL BE USED BY jlffi -OWNERS-AND THE -CO ClAL.BUSINESS. 33. THE SURROUNDING PROPERTIES ARE ALL RURAL MOUNTAIN RESIDfNTIAL...ALL.ARE-ONPAR FI.S TIIAT AVER AGE -ONE -(J) ACRE MORF. OR LESS. THERE IS NO CULTURAL, HISTORICAL OR SCENIC ASPECT VALUE TO T SE-P%OPERRT-lES. punning Division JUL 0 1 1996 - Oroville, Califomia IUpT►-F"� la�P�U �� i " AP loo i I D SO Osy s�-�,�s�► �- i�s� �QSo L.L, vV:4N a to / C) u-1 moos L —SAt • Nomfy APPt.1CANji L: 062 230 078 000 STATUS: ACTIVE MENZIE LARRY L & SHARON E MILLER SHARON P 0 BOX 327 BERRY CREEK CA 95916 L: 062 230 006 000 STATUS: ACTIVE DOLLARD JERRY E LIVING TRUST DOLLARD JERRY c TRUSTEE P 0 BOX 20613 GRAEAGLE CA 96103 L: 062 230 008 000 STATUS: ACTIVE `1 BERRY CREEK GRANGE INC SIX NINETY FOUR `tJ P 0 BOX 356 BERRY CREEK CA 95916 L: 062 230 024 000 STATUS: ACTIVE GONZALES JIMMY & MARY A JT 6431 UPPER PALERMO RD OROVILLE CA 95965 L: 062 230 049 000 STATUS: ACTIVE VANIMAN WILLIAM A 1251 S COLUMBINE ST DENVER CO 80210-1916 L: 062 230 050 000 STATUS: ACTIVE LOCKHART PEGGY J P 0 BOX 111 BERRY CREEK CA 95916 L: 062 230 054 000 STATUS: ACTIVE STEMPINSKI GENE & DOROTHY 1501 BALD ROCK RD BERRY CREEK CA 95916 L: 062 230 057 000 STATUS: ACTIVE LEE CARLA JEAN & ROBERT D JT P 0 BOX 57 BERRY CREEK CA 95916 L: 062 230 056 000 STATUS: ACTIVE HUTCHINSON THOMAS A & NORMA JT 1212 SKYLARK COURT ` SUISUN CITY CA 94585 L:.062 230 0513 000 STATUS: ACTIVE MONTGOMERY STEVEN E & SUSAN 46 ERNIE LANE BERRY CREEK CA 95916 L: 062 230 079 000 STATUS: ACTIVE SULLIVAN ARLENE ETAL 3660 WALNUT BLVD #21 BRENTWOOD CA 94513 L: 062 230 080 000 STATUS: ACTIVE TEDFORD GEORGE L JR & BETTY P 0 BOX 122 RUNNING SPRINGS CA 92382 L: 062 230 090 000 STATUS: ACTIVE LAIZURE CHARLES C & MAMMY ORTEGA 2058 DEIMOS CT REDDING -CA 96002 L: 062 230 103 000 STATUS: ACTIVE SEEMAN ERNEST G & MARY JEANETTE P 0 BOX 193 BERRY CREEK CA 95916 L: 062 230 127 000 STATUS: ACTIVE CAMPBELL BOBBIE JOE & BEVERLY ANN JT P 0 BOX 292 RODEO CA 94572 L: 062 230 128 000 STATUS: ACTIVE POTESTIO JAMES W SS 9050 LASELL LANE DURHAM CA 95938 L: +062 230 135 000 STATUS: ACTIVE KARLSTEDT VERNON H & ELTONA L JT 8 ROCKERFELLER ROAD BERRY CREEK. CA 95916 AGENDA REPORT TO: Honorable Chair and Planning Commission BY: Stephen Hackney, Associate Planner DATE: August 27, 1996 REQUEST: Use Permit on APN 062-230-078 for Sharon S urlock - Applicant, File # 97 -01 - Request for a Use Permit to construct and operate a California "Beverage Container & Litter Reduction" facility, and a small equipment rental company, on a 0.82 acre site, on property zoned U (Unclassified), at 10 Menzie Lane, located at the intersection of Menzie Lane and Bald Rock Road in Berry Creek. The project is located in Supervisorial District 1. FOR: • Planning Commission Meeting of October 10, 1996 SUMMARY: This request is consistent with the zoning classification with a Use Permit. The project will not generate any potentially significant impacts. Staff recommends that the Planning Commission approve this project subject to the conditions and findings contained in exhibit "A." PROJECT CHARACTERISTICS: This is a use permit request to allow the construction and operation of an 800 square foot facility housing a recycling center and a small equipment rental operation. The project site is located on a 0.82 acre parcel zoned U (Unclassified) with a General Plan designation of Agricultural Residential. The total square footage of the commercial operation, including loading and parking is 3200 square feet. The recycling portion of the facility will provide services for beverage containers and litter reduction. The operation shall meet State requirements, including the type of litter accepted for recycling. Handicap parking will be provided. Outside lighting will consist of motion detector lights. There will be no 24 hour lighting. Access will be from the existing driveway. The project site is characterized by foothill rural residential features. One residential dwelling of approximately 1200 square feet exists on-site. The parcel has an assortment of shrub and tree species covering approximately one-quarter of the site. There is a slight grade of 1-3% with a west/northwest trend. No surface water features exist on-site. The parcel is located at the intersection of Menzie Lane and Bald Rock Road, Berry Creek. The neighboring parcels are of comparable size, while parcels in the general area range from 0.70 to 5 acres. ANALYSIS: The approval of a Use Permit to allow a recycling facility in the Berry Creek area is seen as a positive contribution to the community. The facility will provide a place for the residents to recycle the appropriate containers and litter as provided for in state requirements for such facilities. It is hoped that the presence of such a facility will help reduce the amount of litter found in remote areas of this portion of the County. The location of the operation at 10 Menzie Lane is centrally located for the residents of the area. The proposed location of the building will minimize the loss of any trees. Issues of concern to the County include access and parking. Access. Turning movements for vehicles entering and leaving the site present potential safety concerns for traffic entering Menzie Lane or exiting onto Bald Rock Road. Original plans positioned the project site's access point approximately 25 feet from the intersection of Menzie Lane/Bald Rock Road. The applicant's revised map moves the access point further north up Menzie Lane away from Bald Rock Road, but only another 20 feet. After a visit to the site, it is staffs recommendation that the access point be located further north up Menzie Lane, at the existing driveway. This will place the access point approximately 90 feet from the Menzie Lane/Bald Rock Road intersection. It may be necessary to widen the driveway to allow for commercial traffic. # Butte County Department of Development Services - Planning Division # 1 Parking. There are two aspects to the concern regarding parking. First, the need to provide for handicap parking. Second, the need for adequate parking geometrics to provide for safe turning movements within the parking lot. Although the applicant provides for handicap parking in his revised map, there is a question of whether there is adequate turning space for exiting these parking slots. To provide for adequate parking and turning movements for all vehicles to exit the parking lot, the applicant will have to redesign the indicated parking area on his revised map. Staff proposes a turning lane, or access point into the parking area off of the driveway. Regular parking stalls should be positioned on the west side of the lot facing Menzie Lane. The areas that have previously been shown to provide driveway access to the site could now become areas for the parking stalls. The depth of the parking area may be enlarged. The turning movements for the handicap vehicles would be extended making these movements safer. Concerns over parking and access would be adequately addressed. Drainage on the property trends southeast. The characteristics of the soils -- decomposed granite, sandy, rocky -- indicates good percolation. There is a drainage swale alongside Bald Rock Road which moves runoff from west to east. The General Plan designation of Agricultural Residential provides for the applicant's requested uses under secondary uses. Secondary uses provide for home occupations. The applicant has described her project as a home occupation. ENVIRONMENTAL DOCUMENTATION: This application has been defined as a project under the California Environmental Quality Act (CEQA) and as such, is subject to the requirements of CEQA. An Initial Study has been prepared b County staff. Based upon a review of the Initial Study, staff has determined that the project impacts can be fully mitigated with the addition of mitigation measures added as conditions of approval for the project. PUBLIC NOTICE AND COMMENTS: This application requires that a public hearing be held. Notices of the hearing will be mailed to all property owners within a 300 foot radius of the subject property. RECOMMENDATION: Staff recommends that the Planning Commission approve the Use Permit on APN 062-230-078, File # UP 97-01, for Sharon Spurlock, subject to the findings and conditions listed in Exhibit A. Reviewed and approved by arXl, Director of Development Services Attachments: A: Exhibit A B: Project and Surrounding Area C: Site Plan k:\projects\spurlock.up\spurlock.rpt # Butte County Department of Development Services - Planning Division # 2 EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Receipt) 97-01 PERMIT NO. 062-230-078 ASSESSORS PARCEL NUMBER File # UP 97-01 - Sharon Spurlock, APN 062-230-078: Request for a Use Permit to construct and operate a California "Beverage Container & Litter Reduction" facility, and a small equipment rental company, on a 0.82 acre site, on property zoned U (Unclassified), at 10 Menzie Lane, located at the intersection of Menzie Lane and Bald Rock road in Berry Creek. 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. 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 Perrrrittee, 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. Find that an Initial Study was completed in compliance with the California Environmental Quality Act which identified potential significant environmental effects that the project may have, but provisions in the project plans or proposals agreed to by the applicant would mitigate such effects to a point where clearly no significant environmental effects would occur; and B. The Planning Commission has independently reviewed, analyzed and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, and hereby finds that the said Negative Declaration with mitigations adequately represents impacts associated with this project; and C. The design and improvements of the proposed project will not cause environmental damage to' fish or wildlife or their habitat and is de minimus; and # Butte County Department of Development Services - Planning Division # 3 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 and the use would not be unreasonably incompatible with, or injurious to, surrounding property or detrimental to the health, safety and general welfare of the persons residing or working in the neighborhood or to the general health, welfare and safety of the County because the density is consistent with the Butte County General Plan and surrounding parcels; and B. 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 with mitigation measures is hereby adopted and a Use Permit for Sharon Spurlock on APN 062-230- 078 to allow the construction and operate a California "Beverage Container & Litter Reduction" facility, and a small equipment rental, 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, or their designee, upon receipt of a substantiated written request by the applicant. 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: Mitigations: Prior to issuance of building permits, applicant shall provide adequate access in/out of the project site from the existing driveway, located approximately 90 feet north of Bald Rock Road on Menzie Lane. The applicant is to provide an entrance to the facility's parking lot off of the driveway into the parking area adjacent to the storage facility. All outside lighting fixtures shall utilize "low spillover' design where all direct lighting shall remain on site, allowing only reflective lighting to spillover into those areas off site. Building Division: 3. All structures shall be made accessible to the disabled. Disabled accessible parking and accessible travel path shall be provided. 4. Prior to building permit issuance for a new commercial or industrial development, or addition to an existing development, the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees shall include, but not be limited to: School Fee Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. Public Works Conditions: Access shall be provided off of Menzie Lane. No new driveway access to Bald Rock Road. # Butte County Department of Development Services - Planning Division # 4 Environmental Health Conditions: No conditions. Butte County Fire Department: 6. Construction, installation or development of structures or facilities on the parcels/lots shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. 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. # Butte County Department of Development Services - Planning Division # 5 J Vicinity Map 'A /* I 574 Project Location - Z\l Crook Ro UP 96-26 AP#062-230-078 SPURLOCK U ` T 3 _ P ject Locatio „ e m; ° a� Rook N , A5 a a; S mm rlea r Dri e -- FR-2 Ro ---- --- 6° U U; „ „ , ------ ------ -------------- ------------- U i BUTTE COUNTY PLANNING COMMISSION Applicant: Sharon Spurlock Owner: Same Hearing Date: OCT, 10, Iq°l G (51? 9.00 AM Existing Zone: U (Unclassified) N Request: Use Permit to operate a California beverage container & litter reduction facility and a No Scale small equipment rental company. Assessor Parcel No: 062-230-078 Fite: 96-26 DEPARTNIEW OF DEVELOPME`SERVICES BU COUNTY UNTY UNIFORM APPLICATIONTION APPLICANT: Agent information to he provided is on other side: APPLICANT'S NAME ( If applicant is different from owner an affidavit is required 1 ASSESSOR'S PARCEL NUMBER: AMM SPORLOCK ADDRESS: CITY. STATE & ZIP CODE: FILE NUMBER: (FOR OFFICE USE) P.O. Box 67 BERRY CREF- CA 959 i6 lho 9, NAME OF PROPOSED PROJECT ( If anv ) BER12Y CKE.Ek R�-WTAL avNd RF-CY(:,E ConPAN� LOCATION OF PROJECT ( Major cross streets and Address, if any ) Id MENzIE LANA BALD R.C� oRoAo woI°q°rg GENERAL INFORMATION REQUIRED TELEPHONE (916 )569-38H OWNER'S NAME AKA S H AR©N 'M E W Z b E S.i4Apo sPugoc.K AKA s ot-I MILLF- TELEPHONE ADDRESS: CITY. STATE & ZIP CODE P.O, 60X G7 6F -PRY CREEK CA 4'5916 ZONE GENERAL PLAN EXISTING LAND USE SII•E SIZE ( in Square Feet or Acres ) U A ESi0E rTRAL 1 0.62/-\C EXM7ING STRUCTURES ( in Square Feet) PROPOSED STRUCTURES (in Square Feet) A DRAY&sVJ 1 REQ ►o ENi"15 R 200 Scz�-r- (Check One) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED p PROPERTY IS OR PROPOSED TO BE ON PURL ATER PROPERTY IS OR PROPOSED TO BE ON SEPTIC PL PROPERTY IS OR' PROPOSED TO BE ON WELL WATER APPLICATION REQUESTED ❑ GENERAL PLAN AMENDMENT _ ❑ REZONE Planning Division USE PERMIT J U L 0 1 1996 ❑ MINOR USE PERMIT QrOVllle, Califomia ❑ VARIANCE ❑ MINOR VARIANCE ❑ ADMINISTRATIVE PERMIT ❑ DEVELOPMENT AGREEMENT ❑ TENTATIVE SUBDIVISION MAP ❑ TENTATIVE PARCEL MAP ❑ WAIVER OF PARCEL MAP ❑ BOUNDARY LINE MODIFICATION ❑ LEGAL LOT DETERMINATION ❑ CERTIFICATE OF MERGER ❑ MINING AND RECLAMATION PLAN ❑ OTHER PROJECT DESCRIP'T'ION FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. If this application is for a land division , describe the number and size of parcels.) o$: V L LY r E 1 IF -D "CALIF EVER G F— o --r v C i. -04G __a"A Lrr'° e u c RoW " FACILvriE. AND AW SMALL E4vi MEWT-F-WrL Co OWNER CERTIFICATION I CERTIFY THAT I Am PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OFTHE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER. I ACYNOWLIDGETHE FILL\G OF THIS APPLICATION AND CERTIFY THAT ALL OFTHE ABOVE INFORMATION IS TRUE AND ACCURATE (If an agent is to be authorized. execute an affidavit of audrori=ion and include the affidavitw' this appli ation.) DATE:_ Z ` (p SIGNATURE: AGENT AUTHORIZATION To Butte County, Department of Development Services; Print Name ofAgent 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 Architect and/or Engineer: Print Name of Archiud/Engineer and Phone Number Mailing Address FOR OFFICE USE ONLY Verify: Date received: L"( -Le signature Total amount received: $1 � 2 e 8.00 ✓ AP Number(s) N A Legal Description Owners Authorization ✓ Zoning requirements Project Description Copies of plot plan Taken by SS Receipt No 3 `4 21 E.H.`tS • oo LD si o. oo Plan j 000: oo• FD ' 3 • ca 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". B. Sharon Spurlock - proposed Negative Declaration with mitigation measures regarding environmental impacts and Use Permit to construct and operate a California "Beverage Container and Litter Reduction" facility and small equipment rental company on property zoned "U" (Unclassified) located at 10 Menzie Lane, at the intersection of Menzie Lane and Bald Rock Road, identified as AP 062-230-078, in Berry Creek. (SH) (File UP97-01) Mr. Hackney said that since there was a concern about access, the applicant has revised his map so that access to the recycling site is part of his current access to the house. The driveway will by widened. Access into the parking lot will be from the driveway. Any potential impact to the intersection of Menzie Lane and Bald Rock Road will be minimized. The concerns about sufficient parking has been addressed. There was a question if the facility requires a restroom facility with handicapped access. Commissioner Lambert asked what type of equipment sales would be involved. Mr. Hackney said it would be small equipment such as chain saws. HEARING OPEN TO THE PUBLIC James Spurlock said they have already included a handicapped restroom in the plans and they will apply for a septic permit for a minimum use toilet. He submitted a photo showing his plans to improve the access from Menzie Lane by taking out some trees and a rock. Commissioner Cage asked what buildings are on Menzie Lane. Mr. Spurlock said that there are three residential buildings on Menzie Lane in addition to their own. There are no other businesses on Menzie Lane. He said the hours will be from 8:00 a.m. to 6:00 p.m. on weekends, closed on Tuesday, from 8:00 a.m. to 1:00 p.m. on Monday, and from 8:00 a.m. to 7:00 p.m. Wednesday, Thursday and Friday. Chairman Seegert asked what type of equipment would be rented, and what noise would be involved. Mr. Spurlock said there would be no heavy equipment and nothing that can be driven. Equipment would include an auger, chain saws, weed eaters, rototillers, generators, small power equipment, ladders, scaffolding, paint sprayers and power wash tools. The noise would be only to start things up to make sure they are working. All equipment and recycling will be stored indoors. He noted that the neighbors are supportive of the project. HEARING CLOSED TO THE PUBLIC Commissioner Lambert suggested including the hours of operation and a definition of small equipment in the Use Permit. It was moved by Chairman Seegert, seconded by Commissioner Lambert, and carried unanimously, to approve the Use Permit application for Sharon Spurlock on AP 062-230-078, according to the Agenda Report, with two additional conditions as follows: 1) All rental equipment to be stored inside the 20 foot by 40 foot building as shown on the. site plan, and 2) Hours of operation to be between the hours of 8:00 a.m. and 7:00 p.m. Section 1: Environmental Findings. A. Find that an Initial Study was completed in compliance with the California Environmental Quality Act which • identified potential significant environmental effects that the project may have, but provisions in the project plans or proposals agreed to by the applicant would mitigate such effects to a point where clearly no significant environmental effects would occur; and BUTTE COUNTY PLANNING COMMISSION MINUTES — October 10, 1996 The Planning Commission has independently reviewed, analyzed and considered the proposed Negative T `Declaration with mitigation measures prior to making its decision on the project, and hereby finds that the said, Negative Declaration with mitigations adequately represents impacts associated with this project; and C. The design and improvements of the proposed project will not cause environmental damage to fish or wildlife or their habitat and is de minimus; and 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 and the use would not be unreasonably incompatible with, or injurious to, surrounding property or detrimental to the health, safety and general welfare of the persons residing or working in the neighborhood or.to the . general health, welfare and safety of the County because the density is consistent with the Butte County General Plan and surrounding parcels; and B. . 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 with mitigation measures is hereby adopted and a Use Permit for Sharon Spurlock on APN 062-230-078 to allow the construction and operate a California "Beverage Container & Litter Reduction" facility, and a small equipment rental, 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, or their designee, upon receipt of a substantiated written request by the applicant. 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: Mitigations: Prior to issuance of building permits, applicant shall provide adequate access in/out of the project site from the existing driveway, located approximately 90 feet north of Bald Rock Road on Menzie Lane. The applicant is to provide an entrance to the facility's parking lot off of the driveway into the parking area adjacent to the storage facility. All outside lighting fixtures shall utilize "low spillover" design where all direct lighting shall remain on site, allowing only reflective lighting to spillover into those areas off site. Planning Division 3. All rental equipment to be stored inside the 20' x 40' building as shown on the site plan. BUTTE -COUNTY PLANNING COMMISSION MINUTES — October 10, 1996 4. Hours of operation to be between the hours of 8:00 a.m. and 7:00 p.m. Building Division: 5. All structures shall be made accessible to the disabled. Disabled accessible parking and accessible travel path shall be provided. 6. Prior to building permit issuance for a new commercial or industrial development, or addition to an existing development, the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees shall include, but not be limited to: School Fee Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. Public Works Conditions: Access shall be provided off of Menzie Lane. No new driveway access to Bald Rock Road. Butte County Fire Department: 8. Construction, installation`or development of structures or facilities on the parcels/lots shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of 'application for improvement permits. 9. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning ofbuilding construction and maintained continuously thereafter. 10. Approval of this request shall not waive compliance with all sections of the Zoning Ordinance and all other applicable State and County laws and regulations in effect at the time of building permit application. --------------- BUTTE.COUNTY-PLANNING'COMMISSION MINUTES - October 10, 1996 AGENDA REPORT TO: Honorable Chair and Planning Commission BY: Stephen Hackney, Associate Planner DATE: August 27, 1996 REQUEST: Use Permit on APN 062-230-078 for Sharon Spurlock pRpiicant File # 97-01: Request for a Use Permit to construct and operate a California "Beverage Container & Litter Reduction" facility, and a small equipment rental company, on a 0.82 acre site, on property zoned U (Unclassified), at 10 Menzie Lane, located at the intersection of Menzie Lane and Bald Rock Road in Berry Creek. The project is located in Supervisorial District 1. FOR: Planning Commission Meeting of October 10, 1996 SUMMARY: This request is consistent with the zoning classification with a Use Permit. The project will not generate any potentially significant impacts. Staff recommends that the Planning Commission approve this project subject to the conditions and findings contained in exhibit "A." PROJECT CHARACTERISTICS: This is a use permit request to allow the construction and operation of an 800 square foot facility housing a recycling center and a small equipment rental operation. The project site is located on a 0.82 acre parcel zoned U (Unclassified) with a General Plan designation of Agricultural Residential. The total square footage of the commercial operation, including loading and parking is 3200 square feet. The recycling portion of the facility will provide services for beverage containers and litter reduction. The operation shall meet State requirements, including the type of litter accepted for recycling. Handicap parking will be provided. Outside lighting will consist of motion detector lights. There will be no 24 hour lighting. Access will be from the existing driveway. The project site is characterized by foothill rural residential features. One residential dwelling of approximately 1200 square feet exists on-site. The parcel has an assortment of shrub and tree species covering approximately one-quarter of the site. There is a slight grade of 1-3% with a west/northwest trend. No surface water features exist on-site. The parcel is located at the intersection of Menzie Lane and Bald Rock Road, Berry Creek. The neighboring parcels are of comparable size, while parcels in the general area range from 0.70 to 5 acres. ANALYSIS: The approval of a Use Permit to allow a recycling facility in the Berry Creek area is seen as a positive contribution to the community. The facility will provide a place for the residents to recycle the appropriate containers and litter as provided for in state requirements for such facilities. It is hoped that the presence of such a facility will help reduce the amount of litter found in remote areas of this portion of the County. The location of the operation at 10 Menzie Lane is centrally located for the residents of the area. The proposed location of the building will minimize the loss of any trees. Issues of concern to the County include access and parking. Access. Turning movements for vehicles entering and leaving the site present potential safety concerns for traffic entering Menzie Lane or exiting.onto Bald Rock Road. Original plans positioned the project site's access point approximately 25 feet from the intersection of Menzie Lane/Bald Rock Road. The applicant's revised map moves the access point further north up Menzie Lane away from Bald Rock Road, but only another 20 feet. After a visit to the site, it is staffs recommendation that the access point be located further north up Menzie Lane, at the existing driveway. This will place the access point approximately 90 feet from the Menzie Lane/Bald Rock Road intersection. It maybe necessary to widen the driveway to allow for commercial traffic. # Butte County Department of Development Services - Planning Division # 1 •. • Parkina. There are two aspects to the concern regarding parking. First, the need to provide for handicap parking. Second, the need for adequate parking geometrics to provide for safe turning movements within the' parking lot. Although the applicant provides for handicap parking in his revised map, there is a question of whether there is adequate turning space for exiting these parking slots. To provide for adequate parking and turning movements for all vehicles to exit the parking lot; the applicant will have to redesign the indicated parking area on his revised map. Staff proposes a turning lane, or access point into the parking area off of the driveway. Regular parking stalls should be positioned on the west side of the lot facing Menzie Lane. The areas that have previously been shown to provide driveway access to the site could now become areas for the parking stalls: The depth of the parking area may be enlarged. The turning movements for the handicap vehicles would be extended making these movements safer. Concerns over parking and access would be adequately addressed. Drainage on the property trends southeast. The characteristics of the soils — decomposed granite, sandy, rocky — indicates good percolation. There is a drainage swale alongside Bald Rock Road which moves runoff from west to east. The General Plan designation of Agricultural Residential provides for the applicant's requested uses under secondary uses. Secondary uses provide for home occupations. The applicant has described her project as a home occupation. ENVIRONMENTAL DOCUMENTATION: This application has been defined as a project under the California Environmental Quality Act (CEQA) and as such, is subject to the requirements of CEQA. An Initial Study has been prepared b County staff. Based upon a review of the Initial Study, staff has determined that the project impacts can be fully mitigated with the addition of mitigation measures added as conditions of approval for the project. PUBLIC NOTICE AND COMMENTS: This application requires that a public hearing be held. Notices of the hearing will be mailed to all property owners within a 300 foot radius of the subject property. RECOMMENDATION: Staff recommends that the Planning Commission approve the Use Permit on APN 062-230-078, File # UP 97-01, for Sharon Spurlock, subject to the findings and conditions listed in Exhibit A. Reviewed and approved by Director of Development Services Attachments: A: Exhibit A B: Project and Surrounding Area C: Site Plan kAprojects\spudock. up\spudock. rpt # Butte County Department of Development Services. - Planning Division # • EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION • DATE: (Certified Mail Receipt) 97-01 PERMIT NO. 062-230-078 ASSESSORS PARCEL NUMBER File # UP 97-01 - Sharon Spurlock, APN 062-230-078: Request for a Use Permit to construct and operate a California "Beverage Container & Litter Reduction" facility, and a small equipment rental company, on a 0.82 acre site, on property zoned U (Unclassified), at 10 Menzie Lane, located at the intersection of Menzie Lane and Bald Rock road in Berry Creek. 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. Find that an Initial Study was completed in compliance with the California Environmental Quality Act which identified potential significant environmental effects that the project may have, but provisions in the project plans or proposals agreed to by the applicant would mitigate such effects to a point where clearly no significant environmental effects would occur; and B. The Planning Commission has independently reviewed, analyzed and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, and hereby finds that the said Negative Declaration with mitigations adequately represents impacts associated with this project; and C. The design and improvements of the proposed project will not cause environmental damage to fish or wildlife or their habitat and is de minimus; and # Butte County Department of Development Services - Planning Division # 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 and the use would not be unreasonably incompatible with, or injurious to,_surrounding property or detrimental to the health, safety and general welfare of the persons residing or working in the neighborhood or to the general health, welfare and safety of the County because the density is consistent with the Butte County General Plan and surrounding parcels; and B. 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 with mitigation measures is hereby adopted and a Use Permit for Sharon Spurlock on APN 062-230- 078 to allow the construction and operate a California "Beverage Container & Litter Reduction" facility, and a small equipment rental, 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, or their designee,.upon receipt of a substantiated written request by the applicant. 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: Mitigations: Prior to issuance of building permits, applicant shall provide adequate access in/out of the project site from the existing driveway, located approximately 90 feet north of Bald Rock Road on Menzie Lane. The applicant is to provide an entrance to the facility's parking lot off of the driveway into the parking area adjacent to the storage facility. All outside lighting fixtures shall utilize "low spillover' design where all direct lighting shall remain on site, allowing only reflective lighting to spillover into those areas off site. Building Division: 3. All structures shall be made accessible to the disabled. Disabled accessible parking and accessible travel path shall be provided. 4. Prior to building permit issuance for a new commercial or industrial development, or addition to an existing development, the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees shall include, but not be limited to: School Fee Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. Public Works Conditions: 5. Access shall be provided off of Menzie Lane. No new driveway access to Bald Rock Road. # Butte County Department of Development Services - Planning Division # 4 Environmental Health Conditions: No conditions. Butte County Fire Department: 6. Construction, installation or development of structures or facilities on the parcels/lots shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. 7. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. , 8. 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. # Butte County Department of Development Services - Planning Division # 5 Vicinity Map SPURLOCK U T ; 3 __ P ject Locatio d S o M rte 6 Dri e _ ---- FR -2 R _ - - c; U C _ _ *-- U ---------------------------------- ; -- BUTTE COUNTY PLANNING COMMISSION Applicant: Sharon Spurlock Owner: Same Hearing Date: pCT,, 1 O 199 L a 9:00 AM Existing Zone: U (Unclassified) N Request: Use Permit to operate a California beverage container & litter reduction facility and a No Scale small equipment rental company. Assessor Parcel No: 062-230-078 Pile: 96-26 Use Permit: Sharon Spurlock, File r# 97-01 , COUNTY OF BUTTE 0 INITIAL STUDY EVALUATION OF ENVIRONMENTAL IMPACTS I. BACKGROUND: 1. Name of Proponent Sharon Sourlock 2. Address_ P.O. Box 67, Berry Creek, CA 95916 Phone (916)589-3844 3. Name of Proposal, if applicable 4. Type of Project Use Permit 5. Project Description and Location of Parcel(s) Use Permit to build and operate an 800 square foot storage facility to operate a Beverage Container Recycling and Litter Reduction facility, and operate a rental equipment company. Currently the site has a single family residence on the 0.82 acre site. The building will house both the recycling facilities and the small equipment rental operation. The.total commercial area, including loading and parking, will be 3200 square feet. Hours of operation are from 8 am to 7 pm sb(days a week. The facility will be closed Tuesdays. The site is zoned U (Unclassified) and has a General Plan land use designation of Agricultural Residential. Surrounding parcels are developed with single family residences. The project site -is surrounded by -U zoning. Many of the surrounding parcels are approbmately one (1) acre is size. The surrounding General Plan designation is Agricultural Residential. The project site is in Supervisorial District 1. 6. Assessor's Parcel Numbers '062-230-078 7. Date Checklist Submitted August 22, 1996 II. DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed project COULD have a significant effect on the environment, there will NOT be a significant effect in this case because 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. ,7/�P-,J. , - - qL., A, '46 - � r-) - 9 repared 6f Stephen Hackney, Associ to Planner Date Reviewed Craig Sanders, Senior Planner For 0 Butte County Department of Development Services 0 Planning Division 0 1-1 Use Permit: Sharon Spwlock, File # 97-01 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. X Land Use and Planning X Transportation/Circulation ❑ Public Services ❑ Population and Housing ❑ ' Biological Resources 0 Utilities and Service Systems ❑ Geophysical ❑ Energy and Mineral Resources ❑ Aesthetics ❑ Water ❑ Hazards ❑ Cultural Resources ❑ Air Quality 0 Noise 0 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 L� Use Permit: Sharon Spurlock, File # 97-01 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)? 0 Potentially Significant Less Unless Than Mitigation Significant Incorporated Impact X No Impact X X X X Response: The existence of a recycling center and equipment rental facility may be incompatible with the surroundng residential land uses. The U zoning classification permits commercial and home occupation uses with approval of a Use Permit. In a more urban setting with a greater density of development there might exist clearer -lines of conflict. In this instance, the community will be served by the existence of a recycling facility. This will alleviate the need to bring recyclables-all the way to Oroville, or worse, dump them off into ditches alongside the back roads. The coming and going of traffic related to these two activities recycling center and equipment rentals — may present potential impacts to the neighboring residents. Adequate access to the new facilities is required. At the same time, no new driveway access onto Bald Rock Road should be approved. 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 July 31, 1996) Mitigation: See Mitigation #1 under Item 6 - Transportation/Circulation. 2. POPULATION AND HOUSING. Would the proposal. a) Cumulatively exceed official regional or local population projections? X b) Induce substantial growth in ❑ Butte County Department of Development Services ❑ Planning Division ❑ 3 • Use Permit: Sharon Spwlock, File # 97-01 an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially affordable housing? Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact X X Response: The approval of this project will not exceed the allowed density in this zone. This project will not induce further growth. Presently, the site has_ residential development. (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 f) Subsidence of the land? X g) Expansive soils? X h) Unique geologic or physical features? X Response: The project is located in the foothills where no known fault zones are indicated on the Butte County Constraints Map. The Constraints Map does incFcate a moderate rating for landslide potential and a very high erosion potential. There are areas of steep slope in the general vicinity, but not on the. project site, that would be especially susceptible to erosion. This is reflected and described on the Constraints Map and its legend. All of Butte County is still classified as a Moderate Earthquake Intensity Zone Vlll and potential ground shaking is possible. The site has a gradual grade from west to east, approximately 1-3% grade and has soils characterized as Rough, broken & stony land, that has very high erosion potential, moderate landslide potential, and low ❑ Butte County Department of Development Services ❑ Planning Division ❑ 4 Use Permit: Sharon Spurlock, File # 97-01 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact expansive soil potential. These are generalized character zadons for the soils covering much of the foothill portion of the County. Any actual onsite potential for impacts related to these soil characteristics should be low due to the grade, slope and aspect of the parcel and the nature of the project. Mitigation: None required. 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? f) 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 - X X X X X X of groundwater? X h) Impacts to groundwater quality? X Response: There are no surface water features onsite. No changes will occur in any water movements, nor in quantities ofgroundwaters. Minimal changes in absorption rates and drainage pattems may occur due to impervious coverages from roofs, driveway, etc., from any storage structure built onsite. Mitigation: None required. 5. AIR QUALITY. Would the proposal: a) Violate any air quality standard or ❑ Butte County Department of Development Services 0 Planning Division ❑ l•1 Use Permit: Sharon Spwlock, File # 97-01 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact contribute to an existing or projected air quality violation? X b) Expose sensitive receptors to pollutants? 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 facility 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, waterbome 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 W. Use Permit: Sharon Spurlock, File # 97-01 • Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact Response: There will be an increase in traffic for the neighborhood that will result from the existence of an a recycling operation and small equipment rental facility. The presence of a commercial enterprise such as this facility, in an area that consists of rural residences, will add to the number of vehicles turning onto and off of Menzie Lane. The project site is located adjacent to Bald Rock Road. No additional access to the new facilities from Bald Rock Road should be permitted because of the geometric design of the road at this point, and the volume and the speed of traffic along this portion of the road. Access to the facilities will be from Menzie Lane. There is a potential safety hazard if the access is located too closely to the comer of Meniie LaneBald Rock Road due to traffic turning at this intersection. The further the access point for the project is located from this intersection the less risk of any safety impacts. Also, the greater the distance the access to the facilities is located up Menzie Lane the better the turning ratio, line of sight distancing, and general improved vehicle movement in and out of the project site. In order to provide for the safest access location, the existing driveway should be utilized for the commercial users. if necessary, widening the existing driveway may be required. A turning lane off of -the driveway into the parking area next to the proposed facility may be necessary. MITIGATION #1: Prior to issuance of building permits, applicant shall provide adequate access in/out of the project site from the existing driveway, providing a turning lane off of the driveway into the parking area adjacent to the storage facility. - 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)? - b) Locally designated species (e.g. heritage trees)? c) Locally designated natural communities (e.g. oak forest, etc.)? d) Wetland habitat (e.g. marsh, riparian and vernal pool)? e) Wildlife dispersal or migration corridors? X X X X 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 scattered conifer trees, native shrubs and some exotics around the residence (Site visit). Although the project is located in an area identified as Critical Winter Deer Hablitat, approval of this project will be less than signficant because the area is already developed, parcel sizes vary from less than one ❑ Butte County Department of Development Services ❑ Planning Division ❑ r1 • Use Perni t: Sharon Spurlock, File # 97-01 • Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated Less Than Significant No Impact Impact acre to five acre parcels, and the project site is, located adjacent to Bald .Rock Road, the major thoroughfare for the area. Mitigation: None required. 8. ENERGY AND MINERAL RESOURCES. Would the proposal. a) Conflict with adopted energy conservation plans? b) Use non-renewable resources in a - wasteful and inefficient manner? c) Conflict with the extraction of identified, significant mineral resources? X X X 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 recycling center for beverage containers and litter reduction, as well as a small equipment rental operation. For the short tern, the use of energy will be limited to that fuel needed to operate machinery needed to construct the commercial structure. This does not represent a significant use of fuel. The very nature of the recycling facility will, in itself, work toward conserving and reusing resources. 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) b) Possible interference with an emergency response plan or emergency evacuation plan? c) The creation of any health hazard or potential health hazard? . d) Exposure of people to existing sources of potential health hazards? e) Increased fire hazard in areas with flammable brush, grass, or trees? X X X X X Response: The project will not involve significant use of hazardous materials, nor is located close to any ❑ Butte County Department of Development Services ❑ Planning Division ❑ 8 • Use Permit: Sharon Spwlock, File # 97-01 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact 'Impact facilities which store or utilize such materials. The proposed recycling of materials is to be limited to beverage containers and litter (type of litter as permitted by the State), but does not include hazardous or toxic waste material (Project description; pens. comm. applicant). Mitigation: None required. 10. NOISE. Would the proposal result in: a) Increases in e)dsting noise levels? X b) Exposure of people to severe noise levels? 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: a) Fire protection? b) Police protection?. c) Schools? d) Maintenance of public facilities, X X X including roads? X e) Other governmental services? X Response: The project -site is located in a U (Unclassified) zoning area. Fire Station #61 is located approximately 12 mile away. Response time is less than 10 minutes (pers. comm. C.F.). Approval of this project should not result in a need for new or altered government services (see Comment responses from government agencies). 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 ❑ Butte County Department of Development Services ❑ Planning Division ❑ 9 W, Use Permit: Sharon Spwlock, File # 97-0i 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 is already provided by onsite individual septic system. Water is provided by an onsite well. Mitigation: None required. 13. AESTHETICS. Would the proposal. a) Affect a scenic vista or designated scenic highway? X _ b) Have a demonstrable negative aesthetic effect? X .. c) Create light or glare? X Response: Approval of the project will not have any adverse aesthetic impacts. Light or glare from outside lighfing will not present a problem. The applicant is only going to use motion sensor lights, to be aimed at the building. There will not be 24-hour lighting. That portion of the project site adjacent to Bald Rock Road has a dense line of foliage - both shrubs and trees - which effectively block much of the site from highway traffic . This vegetation is going to remain in place. (Site visit, information provided by applicant). MITIGATION #2: All outside lighting fixtures shall utilize 'low spillover" design where all direct lighting shall remain on. site, allowing only reflective lighting to spillover into those areas off site. 14. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? b) Disturb archaeological resources? c) Affect historical resources? d) Have the potential to cause a physical change which would affect unique ethnic cultural values? X X X X ❑ Butte County Department of Development Services ❑ Planning Division ❑ 10 Potentially Significant Less Potentially Unless Than Significant . Mitigation Significant No Impact Incorporated Impact Impact c) Local or regional water treatment or distribution facilities? X d) Sewer or septic tanks? X e) Storm water drainage? X 0 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 is already provided by onsite individual septic system. Water is provided by an onsite well. Mitigation: None required. 13. AESTHETICS. Would the proposal. a) Affect a scenic vista or designated scenic highway? X _ b) Have a demonstrable negative aesthetic effect? X .. c) Create light or glare? X Response: Approval of the project will not have any adverse aesthetic impacts. Light or glare from outside lighfing will not present a problem. The applicant is only going to use motion sensor lights, to be aimed at the building. There will not be 24-hour lighting. That portion of the project site adjacent to Bald Rock Road has a dense line of foliage - both shrubs and trees - which effectively block much of the site from highway traffic . This vegetation is going to remain in place. (Site visit, information provided by applicant). MITIGATION #2: All outside lighting fixtures shall utilize 'low spillover" design where all direct lighting shall remain on. site, allowing only reflective lighting to spillover into those areas off site. 14. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? b) Disturb archaeological resources? c) Affect historical resources? d) Have the potential to cause a physical change which would affect unique ethnic cultural values? X X X X ❑ Butte County Department of Development Services ❑ Planning Division ❑ 10 • Use Permit: Sharon Spurlock, File # 97-01 Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated Less Than Significant No Impact Impact e) Restrict eldsting religious or sacred uses within the potential impact area? X Response: Approval of Me project is not likely to dsturb 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. The Butte County Constraints Map indicates this area to have a moderate -to -low archaeological value. Mitigation: None required. 15. RECREATION. Would the proposal.• a) Increase the demand for neighborhood or regional parks or other recreation facilities? X b) Affect eAsting recreational opportunities? X ResoonseApproval of the project will notincrease a significant demand locally for additional recreational needs on the community. Mitigation: None required. ❑ Butte County Department of Development Services 0 Planning Division ❑ 11 Use Permit: Sharon Spurlock, File # 97-01 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact 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? X b) Does the project have the potential to achieve short-term environmental goals, to the disadvantage of long -term - environmental goals? X 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). X d) Does the project have environmental effects which will cause substantial adverse effects on'human being, either directly or indirectly? X Response: As discussed in Section 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. Those potential impacts — increased traffic, access, parking — have been identified in this document and will not have any significant adverse effects on human beings with incorporation of the recommended mitigation measure. Mitigation: None required. ❑ Butte County Department of Development Services ❑ Planning Division 0 12 Use Permit: Sharon Spurlock, File # 97-01 V. MITIGATION MEASURES AND MONITORING REQUIREMENTS: MITIGATION #1: Prior to issuance of building permits, applicant shall provide adequate access in/out of the project site from the existing driveway, providing a turning lane off of the driveway into the parking area adjacent to the storage facility. MITIGATION #2: All outside lighting fixtures shall utilize "low spillover" design where all direct lighting shall remain on site, allowing only reflective lighting to spillover into those areas off site. ❑ Butte County Department of Development Services ❑ Planning Division ❑ 13 Use Permit: Sharon Spurlock, File # 97-01 DATA SHEET A. Project Description 1. Type of Project: Use Permit. 2. Proposed Density of Development: 3. Amount of Impervious Surfacing: minimal - approximately 2% of total acreage 4. Access and Nearest Public Road(s): adjacent to Bald'Rock Road, frontage on Menzie Lane, Bent' Creek S. Method of Sewage Disposal: Existing onsite septic system 6. Source of Water Supply: existing onsite well 7. Proximity of Power Lines: To property. 8. Potential for further land divisions and development: none B. Environmental Settinq 1.- Terrain a General Topographic Character: foothill woodland - b. Slopes: 1 - 3% C. Elevation: 2200 feet above sea level. d. Limiting Factors: none 2. Soils a. Types and Characteristics: Rough, broken & stony land b. Limiting Factors: erosion high, landslide moderate 3. Natural Hazards of the Land a. Earthquake Zone: Moderate Earthquake Intensity Zone VIII. b. Erosion Potential: very high -c. Landslide Potential: moderate d. Fire Hazard: Unclassified - high e. Expansive Soil Potential: low 4. Hydrology a. Surface Water: none b. Ground Water: Unknown C. Drainage Characteristics: unknown d. Annual Rainfall (normal): 55" - 60" inches per year. e. Limiting Factors: none 5. Visual/Scenic Quality: Good. 6. Acoustic Quality: Good. 7. Air Quality: Good 8. Vegetation: foothill conifers 9. Wildlife Habitat: Small birds and animals common to foothill forests. Critical winter habitat for the deer herd. 10. Archaeological and Historical Resources in the area: moderate to low sensitivity area. 11. Butte County General Plan designation: Agricultural Residential 12. Existing Zoning: U (Unclassified) 13. Existing Land Use on-site: residential development 14: Surrounding Area: a. Land Uses: rural residential b. Zoning: U C. Gen. Plan Designation: AR d. Parcel Sizes: 1/2 to 5 acres 15. Character of Site and Area: foothill forest, mixed .conifers, rural residential, surrounded by residences. ❑ Butte County Department of Development Services ❑ Planning Division ❑ 14 Use Permit: Sharon Spurlock, File # 97-01 • 16.. Nearest Urban Area: Oroville 17. Relevant Spheres of Influence: none 18. Improvement Standards Urban Area: none 19. Fire Protection Service: a. Nearest County (State) Fire Station: Station number 61 approltimately a 1/2 mile away. b. Water Availability: Fire tankers only. 20. Schools: Pioneer Union Elementary 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 ❑ 15 IIIII&.� October 14, 1996 Sharon Spurlock P.O. Box 67 Berry Creek, CA 95916 Re: Use Permit, AP 062-230-078, UP 97-01 Dear Ms. Spurlock: 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916) 538-7785 At the regular meeting of the Butte County Planning Commission held October 10, 1996, your request for a Use Permit to operate a California "Beverage Container and Litter Reduction" facility and small equipment rental company on property zoned "U" located at 10 Menzie Lane, Berry Creek, 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, October 21, 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. 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, &X,� (;�� Craig Sanders Senior Planner CS:lr . k:\forms\approvup.frm USE PERMIT BUTTE COUNTY PLANNING COMMISSION NOV 18 1996 DATE: (Certified Mail Receipt) UP 97-01 PERMIT NO. 062-230-078 . ASSESSORS PARCEL NUMBER File # UP 97-01 - Sharon•Spurlock, APN 0627230-078: Request for a Use Permit to construct and operate a California "Beverage Container p< Litter Red-uction" facility, and,a small equipment rental company, on a 0.82 acre site, on, property zoned U (Unclassified), at 10 Menzie Lane, located at the intersection of Menzie Lane and Bald Rock road in Berry Creek. Failure -to comply with the conditions specified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation -of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a special, condition to.this use permit, all conditions must be completed by the Permittee within 24 months of the delivery of the countersigned permit to the Permittee. 3.. If any use for which a use permit has been granted. is not established within two years of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. 4. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. Section 1: Environmental Findings. A. Find that an Initial Study was completed in compliance with the'California Environmental Quality Act which identified potential significant environmental effects that the project may have, but provisions in the project plans or proposals agreed to by the applicant would mitigate such effects to a point where clearly no significant environmental effects would occur; and B. The Planning Commission has independently reviewed, analyzed and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, .and hereby finds that the said Negative Declaration with mitigations adequately represents impacts associated with this project; and C. The design and improvements of the proposed project will not cause environmental damage to fish or wildlife or their habitat and is de minimus; and 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 and the use would not be unreasonably incompatible with, or injurious to, surrounding property or detrimental to the health, safety and general welfare of the persons residing or working in the neighborhood or to the general health, welfare and safety of the County because the density is consistent with the Butte County General Plan and surrounding parcels; and B. 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 with mitigation measures is hereby adopted and a Use Permit for Sharon Spurlock on APN 062-230-078 to allow the construction and operate a California ,"Beverage Container & Litter Reduction" facility, .and a small equipment rental, 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, or their designee, upon receipt of a substantiated written request by the applicant. 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: Mitigations: Prier to issuance of building peri'-oits, applicant shall provide adequate access in/out of the project site from the existing driveway, located approximately 90 feet north of Bald Rock Road on Menzie Lane. The applicant is to provide an entrance to the facility's parking lot off of the driveway into the parking area adjacent to the storage facility. 2. All outside lighting fixtures shall utilize "low spillover" design where all direct lighting shall remain on site, allowing only reflective lighting to spillover into those areas off site. Planning Division: 3. All rental equipment to be stored inside the 20'x 40' building as shown on the site plan. 4. Hours of operation to be between the hours of 8:00 a.m. and 7:00 p.m. Building Division: 5. All structures shall be made accessible to the disabled. Disabled accessible parking and accessible travel path shall be provided. 6. Prior to building -permit issuance for a new commercial or industrial development, or addition to an existing development, the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees shall include, but not be limited to: School Fee Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. Public Works Conditions: 7. Access shall be provided off of Menzie Lane. No new driveway access to Bald Rock Road.. Butte County Fire Department: 8. Construction, installation or development. of structures or facilities on the parcels/lots shall comply with the latest California Fire Safe Regulations, (Public, Resources Code 4290)., and all other applicable State 'and County codes, ordinances and regulations in effect at the time of application for improvement permits. 9. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. - 10. Approval of this request shall not waive compliance with all sections .of the Zoning Ordinance and all other applicable State and County laws and regulations in effect at the time of building permit application. I hereby dcc!are under penalty of perjury -that ! have read the foregoing conditions, that they are in fact the conditions which were imposed upon the granting of this use permit, and that agree to abide fully by said conditions. Dated:j4o�lelnA N--., Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does ' ive any o er requirements. Butte County tannin o miss' Chairman CC: Land Development Division Building Division Health Department Department of Forestry Date 01/07/97,*evelopment Services Depar0nt Time 3:34 pm Applicant Billing Worksheet. UP 97-01 * Sharon Spurlock P.O. Box 67 Berry Creek, CA 95916 In reference to Use Permit, AP#062-230-078 Rounding None Full Precision No Last bill / / Last aging ast charge 10/17/96 `I;'Last payment / / Amount $0.00 Date/Slip# Description HOURS/RATE AMOUNT 07/01/96 Linda T. / C 0.50 17.00 #9244 Clerical 34.00 07/01/96 Steve H. / P 0.50 29.50 #9277 Processing 59.00 07/15/96 Paula L. / P 0.25 14.75 #9319 Processing 59.00 07/15/96 Larry P. / P 2.75 162.25 #9338 Processing 59.00 07/15/96 Linda T. / C 1.50 51.00 #9397 Clerical 34.00 07/29/96 Steve H. / P 2.50 147.50 #9539 Processing 59.00 08/12/96 Steve H. / P 4.50 265.50 #9644 Processing 59.00 08/26/96 Steve H. / P 6.00 354.00 #9684 Processing 59.00 08/26/96 Diana S. / C 0.50 17.00 #9751 Clerical 34.00 08/26/96 Paula A. / C .1.00 34.00 #9767 - Clerical 34.00 0.9/09/96 Teri B. / C 0.50 17.00 #9853 Clerical 34.00 09/09/96 Lynn R. / C 0.25 11.25 #9863 Clerical 45.00 Page 1 TOTAL Date 01/07/97 Development Services Depar nt Time 3:34 pm Applicant Billing Worksheet UP 97-01 * .:Sharon Spurlock (continued) Date/Slip# Description HOURS/RATE 09/21/96 Steve H. / P 0.50 #9946' Processing 59.00 10/07/96 Lynn R. / C 0.50 #10002 Clerical 45.00 Page 2 AMOUNT TOTAL 29.50 22.50 TOTAL BILLABLE TIME CHARGES 21.75 Date/Slip# Description QTY/PRICE 09/07/96 Diana S. / $O 1 25.93 #9791 '- Publish Legal Notice in Oroville 25.93 Mercury Register TOTAL BILLABLE COSTS TOTAL NEW CHARGES PAYMENTS/REFUNDS/CREDITS 01/07/9.6 Deposit - Receipt #15714 (198.68) 07/01/96 Deposit -Receipt #15500 (1,000.00) TOTAL PAYMENTS/REFUNDS/CREDITS NEW BALANCE TOTAL NEW BALANCE - $1,172.75 $25.93 $1,198.68 e ($1,198.68) November 18, 1996 PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: 1916) 538.7785 Sharon Spurlock P.O. Box 67" ' Berry Creek, CA 95916 CERTIFIED MAIL Re: Use Permit, AP 062-230-078 - Dear Ms. Spurlock: r Enclosed is your validated Use Permit No. UP 97-01 to construct and operate a California "Beverage Container & Litter Reduction" facility, and a small equipment rental company, on a 0.82 acre site, on property zoned U (Unclassified), at 10 Menzie Lane, located at the intersection of Menzie Lane and Bald Rock Road in Berry Creek. 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. r Sincerely, ; Craig Sanders Senior Planner CS:pa Enc. cc: Land Development Division Building Division Environmental Health Department of Forestry j:\temp\up7 0 Z-379 332 E01 Receipt for Certified Mail No Insurance Coverage Provided UNrED STATES Do not use for International Mail (See RevepmT FROM" EW15 �+�m- • -1 - i; - � .. Ott Postage M Certified fee � . Oy I AL ° `• ;Special,Deliver•YiFee I [Resin ictedlDeli .,11ee Return Receipt Showing to Whom & Date Delivered Return Receipt Showing to Whom, , Date, and Addressee's Address TOTAL Postage & Fees Postmark or Date SENDER: /J-7 ti ■Complete items 1 and/or 2 for additional services. I also wish to receive th� H ■Complete items 3, 4a, and 4b. following services (for a in ■ Print your name and address on the reverse of this form so that we can return this extra fee): card to you. j ■Attach this form to the front of the mailpiece, or on the back if space does not 1. ❑ Addressee's Address permit. y ■ Write'Return Receipt Requested' on the mailpiece below the article number. 2. ❑ Restricted Delivery ■The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. 0 3. Article Addressed to: 4a. ArticI Numb/ ? V, a � V / ED� /J-7 4b. Service Type [1 Registered Certified 13e V--) (2A ❑Express Mail finsured Cn 5 (,"„ ❑ Return Receipt for Merchandise [ICOD Q z 17. Date of Delivery 2,1W&26AI 5. Received By: (Print Name) 8. Addressee's Address (Only if requested wIX /4- Ori/ ! 'C G(6LS S Gt "0 and fee is paid) T 6. Signature-- (Addressee or Agent) X' t' 11 - i II llil II I II III 1 PS For, 3811, December 1994 Domestic Return U STATES POSTAL SERVICE �F FiA r�st�C.lass�. affil __� a, C9 �--�� Posta ea&= es?aid SPS P M rte_ er R.No JC -10 Q !n • Print your name, 4dd`es , nd ZIP Code -in tt�is=box-9 COUNW OF BUM DEPARTMENT Of DEVELOPMENT SEiiVICES PLANNING DIVISION I CWMlY Center Drive OwAk CA VAIMMI • IIIItIIIIIIIIIIIIiIIIIIIIIIIII181 1 11111II1111111 l TO: FROM: MEMORANDUM Butte County Assessor's Office Butte County Planning Department SUBJECT: Sharon Spurlock DATE: November 18, 1996 Pursuant to Section 65863.5 of the Government Code, the following parcel identified as 062-230-078, was: Rezone from to . zoning district. Granted a variance to X Issued a conditional use permit to construct and operate a California "Beverage Container & Litter Reduction" facility, and a small equipment rental company, on a 0.82 acre site, on property zoned U (Unclassified), at 10 Menzie Lane, located at the intersection of Menzie Lane and Bald Rock Road in Berry Creek. j Atemp\assessor Y .. Eutte County `I 4"_= PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE. CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916) 538-7785 September 9, 1996 Sharon Spurlock P.O. Box 67 Berry Creek, CA 95916 Re: Use Permit, AP 062-230-078, UP 97-01 Dear Ms. Spurlock: Enclosed is a -copy of the Agenda Report concerning your application for a Use Permit to construct and operate a California "Beverage Container and Litter Reduction" facility and small equipment rental company on property zoned "U" located at 10 Menzie Lane, Berry Creek. 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 October 10, 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, rj��— (:�Lk �;� Stephen Hackney Y Associate Planner SH:lr Enc. k:UormsXschedule.frm September 8, 1996 William Farrell Director of Development Services Butte County Planning Conumission County Administration Center 25 County Center Drive Oroville, CA 95965 RE: FILE #UP 97-01 APPLICANT SHARON SPURLOCK Dear Mr. Farrell: I felt compelled to write regarding the above -me ti'oned application for a use permit to be issued to Ms. Spurlock since I will be unable to ersonall ttend the hearing to be held October 10.. We received our first written notification of a c ange in a zonm2he om your office on Friday, September 6. According to the notice we received, the use permit wi a ow construction and operation of a recycling facility and small equipment rental company on property within a few hundred yards of ours in Berry Creek. My understanding is that this business is to be operated seven days a week, and we believe that allowing this zoning change will be the beginning of many such use permit requests. The Berry Creek area has always been basically residential. The reason people have property there is for the aesthetic quality of life. B nm th rea to accommodate what could potentially become nothing more than a dumping ground for all types of trash is outrageous. Oftentimes with similar businesses, the recycling materials do not remain within the containers--getting-blown around, etc. --posing. additional trash to the surrounding area. There are other facilities available within one-half hour's drive that already accept recycling materials. Small equipment repair will mean storage of nonoperational-iunk on the property, presuming to be fixed. A business Such as the one being proposed would increase traffic levels to what I believe would be unsafe, considering Bald Rock Road is a rather narrow two-lane road. Vehicles need to stop in order to turn into the narrow driveway, which could be hazardous for through traffic.. Furthermore, noise levels for a recycling plant which normally require forklifts, conveyors, and other equipment used to move noisy aluminum, etc. are higher than sounds coming from typical residences. I believe that the property values for the homes that now surround the subject parcel (including our own) would be negatively affected by allowing this or any further commercial development in the Berry Creek area and, therefore, propose that the area instead rezoned ` esidential". Please feel free to contact me if you should have any questions: Otherwise, I look forward to hearing the results of this hearing. Sincerely, y Tammy and Charles Laizure 12a X1332 BUTTE COUNTY PLANNING COMMISSION NOTICE TO THE PUBLIC Notice is hereby given by the Butte County Planning Commission that a public hearing will be held on Thursday, October 10, 1996, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, regarding the following item: ITEM FOR WHICH NEGATIVE DECLARATION WITH MITIGATIONS HAS BEEN RECOMMENDED 9:00 a.m. - File # UP 97-01 -Sharon Spurlock (applicant) : A request for a Use Permit to construct and operate a California "Beverage Container and Litter Reduction" facility and small equipment rental company on property zoned U (Unclassified), located at 10 Menzie Lane, -at the intersection -of Menzie Lane and Bald Rock Road, identified as AP 062-230-078, in Berry Creek. (SH) The above-mentioned application and map are on file and available for public viewing at the -Office of the Butte County Development Services Department, Planning Division, 7 County Center Drive, Oroville, California. For information call: (916) 538-7601 (Monday through Thursday, 8:00 a.m. to 4:00 p.m.) Comments may be submitted in writing any time prior to the hearing or orally at the meeting listed above or as may be continued to a later date. If you challenge the above application in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Development Services Department, Planning Division, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION Williaml Farrel, Director of Development Services To be published in the Oroville Mercury on Saturday, September 7, 1996 LEAD - IN SHEET FILE NO: UP 96-26 AP# 062-230-078 APPLICANT: SPURLOCK, Sharon, P.O.Box 67, Berry Creek CA 95916 Name Address OWNER: Same Name RESPRESENTATIVE: None Name Address Address SIZE: 0 ,1 � o SUPERVISORAL DISTRICT # EXISTING ZONING: I. ZONING HISTORY: SURROUNDING ZONING: SURROUNDING LAND USE: 0118/ jj SITE HISTORY: GENERAL PLAN DESIGNATION: APPLICABLE REGULATIONS: kAforms\lead-in Planning Division JUL Om Ma COMMENT DISTRIBUTION LIST APPLICATION: Use Perrut UP 96-26 DATE: July 1, 1996 County Offices and Cities: L4,—, Chief Administrative Officer "_X_ Develop. Services Director X_ Public Works Director Environmental Health Director Building Manager Sheriff 131.:AU ALUC LAFCo APCD Butte Co. Farm Bureau — Bigg 7%C Gridley Chico Chico Commission Oroville Paradise _X Agricultural Commission Irrigation District: _ Butte Water — _ OWID — Table Mountain Irrigation — Domestic Water _ Butte Water District — OWID — Sewer _ Butte Water District _ Skansen Subdivision (CSA 21) — Fire Protection V_X_ California Department of Forestry Recreation Districts _ Chico Area Recreation — Paradise Recreation & Park — Utilities _ PG&E North - Chico — PG&E South - Oroville State Agencies _ CalTrans — Forestry (Alta: Craig Carter) _ Central Reg, Water Quality Control Department of Conservation — Federal Agencies US Forest Service — Other Districts, Agencies, Committees, etc. Lime Saddle Dist Bigg /W. Gridley Water — Paradise Irrigation — Thermalito Irrigation — California Water Service Co. — Thetmalito Irrigation District — Themalito Irrigation — LO.A. PUD EI Medio Fire Protection District Durham Area Recreation _ Richvale Recreation & Parks Durham Irrigation Richvale Irrigation Other Del Oro Water Co. Other Sterling City Sewer Main Feather River Rec. & Park Chambers Cable TV _ Pacific Bell Viacom Cable TV Dept of Water Resources Dept of Parks and Rec. Off of Mining Reclamation US Bureau of Land Management Community Association Drainage _ Butte Env.l Council _ Reclamation — Cal Native Plant Society Butte Co. Mining Committee Planning Divisive JUL 12 IS96 ca►itormias Oroviil®, C I Dept of Fish and Game Highway Patrol Ol£ of Governmental & Env. Relations Mosq. Abatement Oroville/Butte Co Paradise Pines Com. Planning Division JUL L21996 Oroville, Califomia .TIM & SHARON SPURLOCK PO Box 67 BERRY CREEK, CA 9591,6 916-589-3844 FAx: 916 -589 -2639 - August 16-589-2639August 16, 1996 Stephen Hackney Planning Division 7 County Center Drive Oroville, CA 95965 RE: USE: PERMIT,. FILE # UP 96-26 Dear Steve: Per our meeting on Wednesday, August 14, 1996, I have made the following changes to the Site -Plan. These changes are revision 3 on Sheet # 1. 1) Added Handicap space, (17' - 0 " X 19' - 0"), Handicap sign at front of space and a note to put Handicap sign on side wall of building. 2) Relocated Entry gate to other end of site, away from Bald Rock Road. .If you or your staff have any more questions, feel free to call me at my office the telephone number is 916-488-8380. Respectfully, Jim & Sharon Spurlock Enclosure Planning Division ss AUG 1 9 i9S6 ®roville, California U AR C mw 17144rg&L VW� 7 A 00" 1 a M, WE MI I c' J i' m ®, m; Bald Ro d g 1 o, FR -2 R, U C; AR ____.. , „ ' --------`-r--- ------------- U UP 96-26--------- AP#062-230-078 -' '------ Sharon Spurlock A-5 • 6Z -230 -o`i9 G2 -2.30 -053 E • , GZ-230-050 and 't "it�, iCA, a)s-�-w Je a4-cl W ww- 0 a2 199 i r� • APPLICANT: Sharon Spurlock DATE: July 22,1996 AGENT: None APN: 062-230-078 PLANNER: Stephen Hackney FILE #: UP 96-26 PROJECT DESCRIPTION: Use Permit to operate a certified California beverage container recycling and litter reduction facilities and a small equipment rental company. PLEASE CONTACT THE PLANNING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS J. 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 1. 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. ■ Use Permit Standard Conditions - Butte County ■ 5 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 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 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. ■ Use Permit Standard Conditions - Butte County ■ . . �1 9 • 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. 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 ■ • 11 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Butte County Building Manager FROM: William Farrel, Director Of Development Services RE: Request for Comments on a Development Application: Sharon Spurlock, File # UP 96-26 DATE: July 22,1996 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 operate a certified California beverage container recycling and litter reduction facilities and a small equipment rental q=M on property zoned U ( Unclassified ) located on Berry Creek, 10 Menzie Lane, Bald Rock Rd. , identified as APN 062-230-078 . 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 August 1, 1996. IFNO COMMENTS OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YO UHAVE NONE. COMMENTS (Attach additional pages if necessary): PE2111Ts PEoulreD POR PWWWEIJT OF Co4T Y4JE(Z5% /uST4-UATrocJ SAWfL RE -S ST A -ft b97YE4L aEsc4'jJ FWES 6F U- 5, c, 466 S%=q URS/ Coom4iIEf s sw4u- sE ""e 4a.Ess16cg To 77415 Drs Ass tcp. y 5 48 t�6D 46ccs s tut4e P4e-1Q kJ6 AAM ACSs 5'i 8 CE 7WELO PIM 94A -U- BE PPOV ID ED By: k:\forms\comment.frm 10-16-95 BKH. It Planning Division Date: 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 u APPLICANT: Sharon Spurlock DATE: July 22,1996 AGENT: None APN: 062-230-078 :7 PLANNER: Stephen Hackney FILE #: UP 96-26 PROJECT DESCRIPTION: Use Permit to operate a certified California beverage container recycling and litter reduction facilities and a small equipment rental company. 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 ebsting 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 ebsting buildings. 2. Ebsting building(s) shall be made to comply with current Building and Zoning regulations for the intended new use of the building(s) or the ebsting building(s) shall be demolished. ■ Use Permit Standard Conditions - Butte County ■ 4 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: CDF FROM: William Farrel, Director Of Development Services RE: Request for Comments on a Development Application: Sharon Spurlock, File # UP 96-26 DATE: July 22,1996 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 operate a certified California beverage container recycling and litter reduction facilities and a small equipment rental company on property zoned U ( Unclassified ) located on Berry Creek, 10 Menzie Lane, Bald Rock Rd. , identified as APN 062-230-078 . It is within Supervisorial District No. I . 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 August 1, 1996. IFNO COMMENTS OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YO UHAVE NONE. COMMENTS (Attach additional pages if necessary): Q anning Division JUL Z 4 1y86 Onoville. Caidornia By: Date: k:\forms\comment.frm 10-16-95 BKH. It 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 • APPLICANT: Sharon Spurlock DATE: July 22, 1996 AGENT: None APN: 062-230-078 • PLANNER: Stephen Hackney FILE M UP 96-26 PROJECT DESCRIPTION: Use Permit to operate a certified California beverage container recycling and litter reduction facilities and a small equipment rental company. PLEASE CONTACT THE BUTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS 1. Construction, installation or development of structures or facilities on the parcels/lots shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. K 2. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. 3. Fire hydrant identification, reflector or post reflectors shall be installed acceptable to the County Fire Warden. 4. In lieu of a pressurized water system or water storage tank, payment of $200.00 per created parcel into the Battalion _ water tend fund, is required prior to the issuance of a building permit. A pressurized community water system for fire protection is required. The specific locations and fire flow requirements shall be in accordance with the Fire Department specifications and to the satisfaction of the County Fire Warden. Average required hydrant spacing _ feet, hydrant size _ inches, and residual fire flow _ gpm. Submit plans to the Fire Department for review and approval prior to construction of facilities. 6. In lieu of hydrant installation, payment may be made into the hydrant fund at a cost of $1.72 per lineal foot of street frontage. The estimated fee amount is $ 7. Prior to recordation of the Map or application for a building permit, the applicant shall pay the then current fee for the West Chico Fire Station Fund. 8. Provide an all weather access to all structures, which is designed to carry a 40,000 pound fire apparatus at least 10 feet wide with a 15 foot vertical clearance. Revised BKH 10-9-95 K:\standcon\up Planning Division J11L -14 1996 oroviiie, C81110'" ■ Use Permit Standard Conditions - Butte County ■ 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: Sharon Spurlock, File # UP 96-26 DATE: July 22,1996 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 operate a certified California beverage container recycling and litter reduction facilities and a small equipment rental company on property zoned U ( Unclassified ) located on Berry Creek, 10 Menzie Lane, Bald Rock Rd. , identified as APN 062-230-078 . 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 August 1, 1996. IFNO COMMENTS OR COMMUMCATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YO UHAVE NONE. COMMENTS (Attach additional pages if necessary): KG! / Ou z a a 'en, e nl Riming Division JUL L S 1996 Orovuie, CaifDmla By: Date: k:\forms\comment.fim 10-16-95 BKH. It 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 • 8661 z z I n r (MA1101 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Environmental Health: Mary Mursu FROM: William Farrel, Director Of Development Services RE: Request for Comments on a Development Application: Sharon Spurlock, File # UP 96-26 DATE: July 22,1996 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 overate a certified California beverage container recycling and litter reduction facilities and a small equipment rental company on property zoned U (_Unclassified ) located on Berry Creek, 10 Menzie Lane, Bald Rock Rd. , identified as APN 062-230-078 . 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 August 1, 1996. IFNO COMMENTS OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YO UHAVE NONE. COMMENTS (Attach additional pages if necessary): JE -11- i` S 7F�, ivy a t.4 1 - �I�Af�a w Rivic�T�� fill -2 a By: ��� -" Date: k:\forms\comment.frm 10-16-95 BKH. It 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 TO: FROM: RE: DATE: • . a 1Q +�' BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION Butte County Sheriff William Farrel, Director Of Development Services Request for Comments on a Development Application: Sharon Spurlock, File July 22,1996 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 operate a certified California beverage container recycling and litter reduction facilities and a small equipment rental compM on property zoned U ( Unclassified ) located on Berry Creek, 10 Menzie Lane, Bald Rock Rd. , identified as APN 062-230-078 . 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 Aupust 1, 1996. IFNO COMMENTS OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YO UHAVE NONE. (Attach additional page if necessary): anning DivIslon JUL Oros c mea k:\torms\comment.tim 1U -16-y5 13KH. It 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 CJ 7� 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: Sharon Spurlock, File # UP 96-26 DATE: July 22,1996 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 operate a certified California beverage container recycling and litter reduction facilities and a small equipment rental company on property zoned U ( Unclassified ) located on Berry Creek, 10 Menzie Lane, Bald Rock Rd. , identified as APN 062-230-078 . 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 August 1, 1996. IFNO COMMENTS OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YO U HA ISE NONE. COMMENTS (Attach additional pages if necessary): �24 L466 )y m &n:E PlanningDivi-sion ®r®ville, Cafif0mla By: Date: k:\forms\comment.frm 10-16-95 BKH. It 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 CJ 1] BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Development Services Director FROM: William Farrel, Director Of Development Services RE: Request for Comments on a Development Application: Sharon Spurlock, File # UP 96-26 DATE: July 22,1996 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 operate a certified California beverage container recycling and litter reduction facilities and a small equipment rental comnanv on property zoned U ( Unclassified ) located on Berry Creek, 10 Menzie Lane, Bald Rock Rd. , identified as APN 062-230-078 . 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 August 1,1996. IFNO COMMENTS OR COMMUMCATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOUHAVE NONE. COMMENTS (Attach additional pages if necessary): Planning IDlvl®lon J U L [ 2 1996 Utuyille, CaJifamia By: Date: k:\forms\comment.frm 0-16-95 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: Ag Commission FROM: William Farrel, Director Of Development Services RE: Request for Comments on a Development Application: Sharon Spurlock, File # UP 96-26 DATE: July 22,1996 PLANNER: Stephen Haclmey 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/divmon/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 callat 538-7601. Thank you in advance for your time and efforts. This is an application for a Use Permit to operate a certified California beverage container recycling and litter reduction facilities and a small equipment rental company on property zoned U ( Unclassified ) located orf Berry Creek, 10 denzie Lane. Bald Rock Rd. , identified as APN 062-230-078 . 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 Ausust 1, 1996. IFNO COMMENTS OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOUHAVE NONE. COMMENTS (Attach additional pages if necessary): 9 Diftion rovit e, ciollorda By: l� �Z -2— Date: k:Vorms\comment.fim 10-16-95 BKH. It 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 G 0 BUTTE COUNTY lip AIR QUALITY MANAGEMENT DISTRICT 6 2525 Dominic Drive, Suite J LAWRENCE D. ODLE y Air Pollution Control Officer K.y Chico, California 95928 +Jen t 9 Y� W. JAMES WAGONER Tel: (916).891-2882 Asst. Air Pollution Control Officer BOARD OF DIRECTORS ED MCLAUGHLIN July 31, 1996 Chair Supervisor, Butte County MARY ANNE HOUR . Stephen Hackney, Butte County Development Assistant Chair Supervisor, Butte County Services Department, Planning Division 7 County Center Drive JANE DOLAN Orovllle, Ca 95965 Supervisor, Butte County GORDON THOMAS Re: UP 96-26 Supervisor, Butte County FRANK COOK Mr. Hackney: Mayor City Council Member, Gridley The District has received the request for comments for a Use Permit to MICHAEL MCGINMS operate a beverage recycling and litter reduction facility in Berry Creek. The Mayor City Council Member, Chico District has the following comments. VIVISupervisor it Butte Based on a cursoryreview of thea application, the District has no comments Supervisor, Butte County pp , on the proposed project. We do, however, appreciate the opportunity to comment on the proposed project. Sincerely, vV Gail Williams Air Pollution Control Specialist tevtbQ962d&T' Planning Division AUG p 6 1996 0mville, Ca fitort i a • July 14, 1996 Planning Division 7 County Center Drive Oroville, ca. 95965-3397 RE: RE: Use Permit, File # UP96-26 Dear Stephen, Here are the answer to your question of July 9, 1996. (1) The name of the person who prepared the plans is the husband of the applicant. James F. Spurlock Jr. P.O. Box 67 Berry Creek, Ca. 95916. Telephone # 589-3844. (2) The proposed use of the property and reason for submitting for this use permit is to operate a Certified " California Beverage Container Recycling Facility". Also we intend to rent small equipment. (Log sprinter, chain saw, generators etc.) (3) As shown on plan submitted with the application, the slope of the property is less then '/2" per foot. There are no rock out cropping, creeks, or topography features on the . site. The site is covered with about 25 trees of varying types. . I hope this answers your questions, so that your division can process the application. If you or your staff have any more questions, feel free to call me at the office. The telephone # is 488-8380. Thank you, I'a Sharon Spurlock Planning Division J U L 16 1996 Orovuie, uamomia July 17, 1996 Planning Division 7 County Center Drive Oroville, ca. 95965-3397 RE: RE: Use Permit, File # UP96-26 Dear Stephen, Here is the answer to your question of July 9, 1996. (1) The name of the person who prepared. the plans is the husband of the applicant. James F. Spurlock Jr. P.O. Box 67 Berry Creek, Ca. 95916. Telephone # 589-3844. (2) The proposed use of the property and reason for submitting for this use permit is to operate a Certified " California Beverage Container Recycling Facility". Also, we intend to rent small equipment. (Log splitter, chain saw, generators etc.) (3) As shown on the plan submitted with the application, the slope of the property is less then V? per foot. There is no rock out cropping, creeks, or topography features on the site. The site is covered with about 25 trees of varying types. The inclosed revised plan show all the addition information you have requested. I hope this answers your questions, so that your division can process the application. If you or your staffs have any more questions, feel free to call me at the office. The telephone # is 488-8380. Thank you, Jim & Sharon Spurlock Planning Division JUL 1 8 1996 Omville, Caluomia Z 0 t -0 July 9, 1996 Sharon Spurlock P.O.Box 67 Berry Creek, CA'95916 RE: Use Permit, File # UP 96-26 Dear Sharon, a Planning Division I j U L 10 1596 Orovaie, t Wifomla In order for our division to process your application, we are going to need: 1. Name and address of applicant, engineer or person who prepared the plans. 2. Indicate "proposed" uses. 3. Location of topography features, e.g., slopes, rock out cropping, creeks, oak trees, etc. Should you have any questions you may contact this office Monday through Thursday between the hours of 8:00 am and 4:00 pm at 538-7601. Thank you, Stephen Hackney Associate Planner SH/lt This application is incomplete at this time. I I t I O i -M BV- p LN i 41 A7, 71401*.1001,�w -rmlc - zo, 7.111 -ALL :GICJIPMFRT. . .. ........ ID 01 ii O co I t I O i -M BV- p LN i 41 A7, 71401*.1001,�w -rmlc - zo, 7.111 -ALL :GICJIPMFRT. . .. ........ OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING RECEIPT 15500 ISSUED n`B V ... 6 _ "arming Division 1 1996 ®eoville, California 0 5J/2 SEC. 35 T�2/N. R.5E. Ll 22 NZ. Z J W L -r_ PIP --- 'I Li CAJ NOTE: Then parcels are for assasment purposes only and may not constitute legal parcels. P/A! 29 OCT. /973 48/25 P/,tI 41'28, "7/ 37 m. aR. 87 REVISED: 12— 94 A ssessor s Mop No. 62-23 County of Butte, Cotif. VI - -- �� -- �Twe- -. __ ^°="_^ "�'` _ COUNTY OF BUTTE OFFICE OF PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3397 PUBLIC HEARING ,NOTICE I Qt' L Ck00 62 23 PSELLp P- 0\13X 292 L ovig es U.S.POSTAGE - SEP -5-96 -0.29 2 =.1 C6K APB. METER 6808230 EI 17 000 STATUS:ACTIVE-' IE JOE & BEVERLY ANN JT CA 94572 COUNTY OF BUTTE OFFICE OF PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3397 PUBLIC -. HEARING �iVOTICE �m U.S.POSTAGE o" SEP -5'96 -0.2 9 2. P8. METER �A ''� 6808230 (L-:-062-230 058 000 HUTCHINSON THOMAS A & NORMA STATUS: T ACTIVE 1212 SKYLARK_Cnl_ipr �SUISUN C HUTC212 945652036 1515 09l10l96 FORWARD TIME EXP RTN TO SEND HUTCHINSON 2300 5TONEBRIDGE DR ORANGE PARK FL 32065-5769 Tei ANL -I imlemat4dF a] MIGI 111111111111111111111111111111111111 " 111111111111111111111111 / ' _ ~^� . � ~~ ~ _- z ' - / , _ ~^� . � ~~ ~ _- z Conditions for Sharon Spurlock: All rental equipment to be stored inside the 20' x 40' building as shown on the site plan. Hours of operation to be between the hours of 8:00 a.m. and 7:00 p.m. s �h %AA ►' %- a. E r SAM w� AGENDA REPORT TO: Honorable Chair and Planning Commission BY: Stephen Hackney, Associate Planner DATE: August 27, 1996 REQUEST: Use Permit on APN 062-230-078 for Sharon Spurlo_ ck Applicant File # 97-01: Request for a Use Permit to construct and operate a California "Beverage Container & Litter Reduction" facility, and a small equipment rental company, on a 0.82 acre site, on property zoned U (Unclassified), at 10 Menzie Lane, located at the intersection of Menzie Lane and Bald Rock Road in Berry. Creek. The project is located in Supervisorial District 1. FOR: Planning Commission Meeting of October 10, 1996 SUMMARY: This request is consistent with the zoning classification with a Use Permit. The project will not generate any potentially significant impacts. Staff recommends that the Planning Commission approve this project subject to the conditions and findings contained in exhibit "A." PROJECT CHARACTERISTICS: This is a use permit request to allow the construction and operation of an 800 square foot facility housing a recycling center and a small equipment rental operation. The project site is located on a 0.82 acre parcel zoned U (Unclassified) with a General Plan designation of Agricultural Residential. The total square footage of the commercial operation, including loading and parking is 3200 square feet. The recycling portion of the facility will provide services for beverage containers and litter reduction. The operation shall meet State requirements, including the type of litter accepted for recycling. Handicap parking will be provided. Outside lighting will consist of motion detector lights. There will be no 24 hour lighting. Access will be from the existing driveway. The project site is characterized by foothill rural residential features. One residential dwelling of approximately 1200 square feet exists on-site. The parcel has an assortment of shrub and tree species covering approximately one-quarter of the site. There is a slight grade of 1-3% with a west/northwest trend. No surface water features exist on-site. The parcel is located at the intersection of Menzie Lane and Bald Rock Road, Berry Creek. The neighboring parcels are of comparable size, while parcels in the general area range from 0.70 to 5 acres. ANALYSIS: The approval of a Use Permit to allow a recycling facility in the Berry Creek area is seen as a positive contribution to the community. The facility will provide a place for the residents to recycle the appropriate containers and litter as provided for in state requirements for such facilities. It is hoped that the presence of such a facility will help reduce the amount of litter found in remote areas of this portion of the County. The location of the operation at 10 Menzie Lane is centrally located for the residents of the area. The proposed location of the building will minimize the loss of any trees. Issues of concern to the County include access and parking. Access. Turning movements for vehicles entering and leaving the site present potential safety concerns for traffic entering Menzie Lane or exiting onto Bald Rock Road. Original plans positioned the project site's access point approximately 25 feet from the intersection of Menzie Lane/Bald Rock Road. The. applicant's revised map moves the access point further north up Menzie Lane away from Bald Rock Road, but only another 20 feet. After a visit to the site, it is staffs recommendation that the access point be located further north up Menzie Lane, at the existing driveway. This will place the access point approximately 90 feet from the Menzie Lane/Bald Rock Road intersection. It maybe necessary to widen the driveway to allow for commercial traffic. # Butte County Department of Del elopment Services - Planning Division # Parking. There are two aspects to the concern regarding parking. First, the need to provide for handicap parking. Second, .the need for adequate parking geometrics to provide for safe turning movements within the parking lot. Although the applicant provides for handicap- parking in his revised map, there is a question of whether there is adequate turning space for exiting these parking slots. To provide for adequate parking and turning movements for all vehicles to exit the parking lot, the applicant will have to redesign the indicated parking area on his revised map. Staff proposes a turning lane, or access point into the parking area off of the driveway. Regular parking stalls should be positioned on the west side of the lot facing Menzie Lane. The areas that have previously been shown to provide driveway access to the site could now become areas for the parking stalls. The depth of the parking area may be enlarged. The turning movements for the handicap vehicles would be extended making these movements safer. Concerns over parking and access would be adequately addressed. Drainage on the property trends southeast. The characteristics of the soils — decomposed granite, sandy, rocky — indicates good percolation. There is a drainage swale alongside Bald Rock Road which moves runoff from west to east. The General Plan designation of Agricultural Residential provides for the applicant's requested uses under secondary uses. Secondary uses provide for home occupations. The applicant has described her project as a home occupation. ENVIRONMENTAL DOCUMENTATION: This application has been defined as a project under the California Environmental Quality Act (CEQA) and as such, is subject to the requirements of CEQA. An Initial Study has been prepared b County staff. Based upon a review of the Initial Study, staff has determined that the project impacts can be fully mitigated with the addition of mitigation measures added as conditions of approval for the project. PUBLIC NOTICE AND COMMENTS: This application requires that a public hearing be held. Notices of the hearing will be mailed to all property owners within a 300 foot radius of the subject property. RECOMMENDATION: Staff recommends that the Planning Commission approve the Use Permit on APN 062-230-078, File # UP 97-01, for Sharon Spurlock, subject to the findings and conditions listed in Exhibit A. Reviewed and approved by Bill Faryel, Director of Ddvelopment Services Attachments: A: Exhibit A B: Project and Surrounding Area C: Site Plan k:\projects\spurlock.up\spurlock.rpt # Butte County Department of Development Services. - Planning Division # EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Receipt) 97-01 PERMIT NO. 062-230-078 ASSESSORS PARCEL NUMBER File # UP 97-01 - Sharon Spurlock, APN 062-230-078: Request for a Use Permit to construct and operate a California 'Beverage Container & Litter Reduction" facility, and a small equipment rental company, on a 0.82 acre site, on property zoned U (Unclassified), at 10 Menzie Lane, located at the intersection of Menzie Lane and Bald Rock road in Berry Creek. 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. Find that an Initial Study was completed in compliance with the California Environmental Quality Act which identified potential significant environmental effects that the project may have, but provisions in the project plans or proposals agreed to by the applicant would mitigate such effects to a point where clearly no significant environmental effects would occur; and B. The Planning Commission has independently reviewed, analyzed and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, and hereby finds that the said Negative Declaration with mitigations adequately represents impacts associated with this project; and C. The design and improvements of the proposed project will not cause environmental damage to fish or wildlife or their habitat and is de minimus; and # Butte County Department of Development Services - Planning Division # 3 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 and the use would not be unreasonably incompatible with, or injurious to, surrounding property or detrimental to the health, safety and general welfare of the persons residing or working in the neighborhood or to the general health, welfare and safety of the County because the density is consistent with the Butte County General Plan and surrounding parcels; and B. 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 with mitigation measures is hereby adopted and a Use Permit for Sharon Spurlock on APN 062-230- 078 to allow the construction and operate a California "Beverage Container & Litter Reduction" facility, and a small equipment rental, 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, or their designee, upon receipt of a substantiated written request by the applicant. 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: Mitigations:. Prior to issuance of building permits, applicant shall provide adequate access in/out of the project site from the existing driveway, located approximately 90 feet north of Bald Rock Road on Menzie Lane. The applicant is to provide an entrance to the facility's parking lot off of the driveway into the parking area adjacent to the storage facility. 2. All outside lighting fixtures shall utilize "low spillover' design where all direct lighting shall remain on site, allowing only reflective lighting to spillover into those areas off site. Buildinq Division: All structures shall be made accessible to the disabled. Disabled accessible parking and accessible travel path shall be provided. 4. Prior to building permit issuance for a new commercial or industrial development, or addition to an existing development, the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees shall include, but not be limited to: School Fee Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. Public Works Conditions: 5. Access shall be provided off of Menzie Lane. No new driveway access to Bald Rock Road. # Butte County Department of Development Services - Planning Division # 4 Environmental Health Conditions: No conditions. Butte County Fire Department: 6. Construction, installation or development of structures or facilities on the parcels/lots shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. 8. 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. # Butte County Department of Development Services - Planning Division # 5 T�NIMPS FIss'.6'awal Nk ; FR -2 I -------; ---- --- ---- --- ---- •-- 4' C, ' C i ............... -...-.-. ------------ I ; , -----------------------------------' ; ----------------------- -; ------------- BUTTE --• -.--. -BUTTE COUNTY PLANNING COMMISSION Applicant: Sharon Spurlock Owner: Same Hearing Date: OCT, 10 Iq41 L @. 9 ;00 AM Existing Zone: U (Unclassified) A' Request: Use Permit to operate a California beverage container & litter reduction facility and a No Scale small equipment rental company. Assessor Parcel No: 062-230-078 File: 96.26 A A3 6 mm I rle j F, l --.--, 1 r-4 C� 1,5TA 4 G C ``ill iJL1 li..C34 �,1� -- APPROVEDCNAYAA';S /� QLAuN!'0(. Development Plan U' zZ q . 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