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Home My WebLink AboutUP 97-25" ... . ........ July 14, 1997 Gary and Dawn Breitbarth 213 Village Circle Sacramento, CA 95838 !�� , butte county L A N D O F NAT U RA L W EA LT H A N D B E A U T Y PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916) 538-7785 Re: Use Permit, AP 025-220-003, UP97-25 , Dear Mr. Breitbarth: Enclosed is a copy of the Agenda Report concerning your application for a Use Permit to allow a dog kennel for 30 dogs on property zoned AR -5 located at 288 Watt Lane, Gridley. 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 July 24, 1997, at 9:00 a.m. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. The Planning Commission recommends that the applicant or their authorized representative be present at the hearing to respond to any questions the Commission may have. Should you have any questions regarding this matter, please contact Stephen Hackney of this office at 538-7601, between 8:00 a.m. and 4:00 p.m., Monday through Thursday. Sincerely, la,X4., Gem Lynn Richardson Planning/Administrative Support Services Assistant /Ir Enc. Date 10/07/97 Revelopment Services Depar-flent Time 10:59 am Applicant Billing Worksheet UP 97-25 * Gary & Dawn Breitbarth G & D KENNELS 213 village Circle Sacramento, CA 95838 In reference to : Use Permit, AP#025-220-003 Rounding : None Full Precision : No Last bill / / Last aging Last charge 09/04/97 Last payment / / Amount $0.00 Date/Slip# Description HOURS/RATE AMOUNT 04/07/97 Teri B. / C 1.00 '34.00 #11337 Clerical 34.00 04/21/97 Larry P. / P 1.50 88.50 #11451 Processing 59.00 04/21/97 Teri B. / C 1.00 34.00 #11473 Clerical 34.00 04/21/97 Craig S. / P 0.25 14.75 #11503 Processing 59.00 05/19/97 Steve H. / P 3.50 206.50 #11730 Processing 59.00 06/02/97 Steve H. / P 1.00 59.00 #11754 Processing 59.00 06/02/97 Craig S. / P 0.75 44.25 #11841 Processing 59.00 06/16/97 Lynn R. / C 1.50 67.50 #11896 Clerical 45.00 06/16/97 Steve H. / P 2.50 147.50 #11917 Processing 59.00 06/16/97 Craig S. / P 0.50 29.50 #11938 . Processing 59.00 06/30/97 Lynn R. / C 0.50 22.50 #12027 Clerical 45.00 06/30/97 Steve H. / P 1.00 59.00 #12048 Processing 59.00 Page 1 TOTAL Date 10/07/97 Development Services Department Time 10:59 am Applicant Billing Worksheet UP 97-25 * :Gary & Dawn Breitbarth (continued) DatejSlip# Description 07/14/97 Lynn R. / C #12084 Clerical 07/14/97 Craig S. / P #12135 Processing 07/28/97 Lynn R. / C #12237 Clerical 08/25/97 Teri B. / C #12440 Clerical TOTAL BILLABLE TIME CHARGES Date/Slip# Description 06/25/97 Teri B. / $G #11957 Publish Legal Notice in Gridley Herald TOTAL BILLABLE COSTS HOURS/RATE AMOUNT 1.50 67.50 45.00 0.25 14.75 59.00 0.50 22.50 45.00 0.50 17.00 34.00 17.75 OT /PRICE 1 39.00 39.00 TOTAL NEW CHARGES PAYMENTSIREFUNDS/CREDITS 04/18/97 Deposit - Receipt #15868 (700.00) 10/07/97 Deposit - Receipt #16067 (267.00) 10/07/97 Write Off (0.75) TOTAL PAYMENTS/REFUNDS/CREDITS NEW BALANCE Page 2 TOTAL $928.75 $39.00 $967.75 TOTAL NEW BALANCE $0.00 September 22, 1997 Gary & Dawn Breitbarth G & D Kennels 213 Village Circle Sacramento, CA 95838 RE: Use Permit, AP#025-220-003 File No. UP 97-25 Dear Mr. & Mrs. Breitbarth: �utte �ii LAND OF NATURAL WEALTH AND. BEAUTY DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916) 538-7785 The total cost for the processing of the above -referenced application which was approved by the Planning Commission on July 24, 1997, is $967.75. As of April 18, 1997, a deposit was made in the amount of $700.00. The costs exceeded the deposit by $267.75. Below is a breakdown: Deposit on 4-18-97, Receipt No. 15868 700.00 Professional Planner $ 575.25 Mapping $ 88.50 Clerical $ 265.00 Legal Notice Publishing in Gridley Herald, 6-25-97 39.00 Total $ 967.75 Total Amount Due & Payable $ 267.75 Please make a check payable to the Butte County Treasurer in the amount of $267.75 and remit it to the Department of Development Services, Planning Division at 7 County Center Drive, Oroville, CA 95965 within 30 calendar days. Should you have any questions, please contact Brian Larsen in this office Monday thru Thursday, 8:00 a.m. to 4:00 p.m., at 538-7601. Sincerely, 9,,A, �,, F-tZ., Thomas A. Parilo Director of Development Services TAP:jb j: \docs\refu n ds\PCdu e.wpd 0 6 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING I RECEIPT 16067 SU D j 4?bl DATE REC'EIPi No. 'TOTAL RECEIVED PUBLIC a Pu 'Ll, O..S LAFCO' use PERMITS VARIANCES PUBLIC ZONING OCu.ffNTS EALT. OT.ER APPLICANT •RECEIVED FROM OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING I RECEIPT 16067 SU D In i L� MEMORANDUM PLANNING DEPARTMENT TO: Butte County Assessor's Office FROM: Butte County Planning Department SUBJECT: Gary & Dawn Breitbarth, Use Permit DATE: September 3, 1997 Pursuant to Section 65863.5 of the Government Code, the following parcel identified as 025-220-003, was: Rezone from to zoning district. Granted a variance to X Issued a conditional Use Permit to allow a dog kennel for 30 dogs on an 8.2 acre parcel zoned AR -5 located at the end of Watt Lane, north of Stimpson Road, on the east side of Highway 70. jAemp\assessor n PROJECT SUMMARY SHEET FILE #: UP 97-25 PROJECT TYPE: Use Permit APPLICANT: Dawn & Gary Breitbarth ADDRESS: 213 Village Cr., Sacramento, CA 95838 OWNER: William Robinson ADDRESS: 46 Ord Ranch Rd., Gridley, CA 95948 REPRESENTATIVE: ADDRESS: PROJECT DESCRIPTION: Use Permit for a 30 doe, dot kennel PROPERTY ZONED: A-5 LOCATED: at 288 Watt Ln, approx. 3A00 ft. north fo East Grdley Rd. AP#: 025-220-003 TOWN/AREA: Gridley GENERAL PLAN DESIGNATION: Orchard & Field Crous 1. Application complete: April 17,1997 Amount: S 1018.00 Receipt #: 15868 2. Comments sent to: E H LAFCO DEV SERV P.W AG COMM. ANIMAL CONTROL CDF 3. Comments received from: 4. Rezone Petition Signatures Checked: 5. Mailing List/Lead-in Sheet: 6. Assigned To: Steve Hackney 7. Environmental Determination: State Clearinghouse No: Categorical Exemption-CEQA# mNgative Declaration itigation Negative Declaration Subject to Fish & Game: Environmental Impact Report Gen. Rule Ex. -CEQA # 15061.(bx3) Other 8. Staff Report: Project Video: Release to publish: 9.00 Clearinghouse circulation req uir d• Yes No Date Sent to SCH: 10. Publication Notice Written: Display Ad Prepared: �/ 11. Notices Mailed: !v - - c/ 7 Number of Notices: /n 12. Newspaper Publication Date: to - c/ OC P- R 13. Planning Commission Hearing(s): - % % ' Action taken: Special Conditions: Commission Resolution No. 14. Board of Supervisors' Hearing(s): Action taken: Board Resolution No.: Ordinance No: Adopted: 15. Type. Use Permit/Send for signature: 16. N.O.E. / N.O.D. / APPENDIX G: Fish & Game Fees Paid: Yes No 17. Send validated Use Permit: SEP 3 1997 18. Assessor's Memo: 3 10 19. Copy of Use Permit / Variance to Planning Technician: ��QZ July 24, 1997 Gary and Dawn Breitbarth 213 Village Circle Sacramento, CA 95938 Re: Use Permit, AP 025-220-003, UP97-25 Dear Mr. and Mrs. Breitbarth: B E A U T Y ucran I Mtry I vt VtvtLvrMLN I StHVICt5 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 July 24, 1997, your request for a Use Permit to allow a 30 dog kennel on property zoned A-5 located at 288 Watt Lane, Gridley, 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, August 4, 1997. 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 Treasurer 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. Pursuant to Section 66020 (d) (2) of the Government Code you are hereby notified that you have 90 days to register a protest challenging any fees, dedications, reservations, or exactions imposed as conditions of approval for this project. I. Should you have any questions regarding this matter, please contact Stephen Hackney at this office between 8:00 a.m. and 4:00 p.m., Monday through Thursday. Sincerely, Ly Richardson Planning/Administrative Support Service Assistant /Ir Enc. kAformMapprovup.frm re; Environmental Settings questions 32 and 33 '324 8.2 acres with 24x60 mobile home and 30x65 metal shop Home is single family dwelling , shop is used to store farm equipment. there is a slough running thru the back portion of the property. The only trees in the yard are Black Walnut. 331 The properties surrounding on three sides are pasture land. Their is one home to the south. Looks to be storage for old farm equipment in back. Gary and Dawn Breitbarth U Planning Division APR 1' 7 1997 Droville, caiifomia Use Permit: Dawn & Crary Breitbartk UP 497-25 COUNTY OF BUTTE INITIAL STUDY EVALUATION OF ENVIRONMENTAL IMPACTS I. BACKGROUND: 1. Name of Proponent_ Dawn & Ga ry Breitbarth 2. Address 213 Villa-ge Creek. Sacramento CA 95948 Phone(916)923-5301 3. Name of Proposal, if applicable 4. Type of Project Use Permit 5. Project Description and Location of Parcel(s) The request is for a Use Permit to approve a dog kennel for the boarding and training of up to 30 dogs. The project will start with a 15 dog run, expanding to 30 dog runs within five (5) years. Dogs are to be kept inside and each kennel is to be equipped with a bark eliminator collar. Currently there is a single family modular home 24x60 and a metal structure 30x65 on a cement slab foundation. It is proposed to house the dogs inside the metal structure. As the need for additional dog runs increases beyond the 24 dog run capacity of the metal structure, the applicant proposes to build an addition onto this structure to house the additional dogs. The dogswill primarily be limited to English Springer Spaniels. They will be trained both on-site and offsite. These dogs are trained either for Field Trials (show competition) or for hunting. Some use of guns (blanks) and whistles are involved. Dogs trained for Field T.rials,are kept as long as a year, while dogs trained for hunting are kept from 3 to 4 months. Operating hours will average 3-4 hours per day, at 20 to 25 minutes per dog. The project is located on an 8.2 acre parcel at the end of Watts Lane, approximately one mile north of Stimpson Road (East Gridley Road), on the east side of Highway 70, north of Robinson Comer, in the Gridley area. The project site is zoned A-5 (Agricultural -5 acre minimum) and has a general plan designation of Orchard & Field Crop. The project site is surrounded by parcels ranging in size from 8+/- acres to 26+/- acres. All surrounding parcels have A-5 zoning and Orchard & Field Crop land use designation. The parcel is bordered by grazing land, with the nearest residences located south, approximately 300-600 feet away. The topography is fairly level and there is an assortment of trees along Watt Lane and bordering the property, providing a natural screen blocking the project site from the neighbors to the south. Water is provided by a private well and sewer service is provided by a septic system. Access to the parcel is from Watt Lane via. Stimpson Road. 6. Assessor's Parcel Numbers 025-220-003 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 ENVIRONMENT71- IMPACT REPORT is required. "J, //'--2 Ak Fd4b6j: Ste_qen ackne ciate Planner Dat 10/2% Sanders, Senior Planner Date 0 Butte County Department of Development Services 0 Planning Division ❑ Use Pemut: Dawn & Gary Breitbarth, UP 997-25 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 ❑ Transportation/Circulation X Public Services ❑ Population and Housing ❑ Biological Resources ❑ Utilities and Service Systems ❑ Geophysical ❑ Energy and Mineral Resources ❑ Aesthetics ❑ Water X Hazards ❑ Cultural Resources ❑ Air Quality X Noise ❑ Recreation EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact' answers that are adequately supported by the informaffon 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 LJ Use Permit: Dawn & Gary Breitbarth, UP #97-25 IV. ENVIRONMENTAL IMPACTS: • Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated 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 ebsting 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)? Less Than Significant No Impact Impact X X X X X Response: The project request, a Use Permit for a 30 stall dog kennel, does not conflict with the general plan designation or zoning. The Orchard & Field Crop general plan land use designation provides for intense animal uses as a secondary use. The A-5 zoning provides for intense animal uses with a Use -Permit. The request for a dog kennel with this intensity of use is not expected to be incompatible with existing land uses adjacent to the property. The applicant has stated the dogs will be housed inside an enclosed structure. Each stall will be equipped with a "bark eliminator" collar. The size of the parcel (8.2 acres), the purpose of the kennel (for gun dog training), the manner in which the dogs will be kept (in an enclosed structure), and the use of special features for the dogs ("bark eliminator" collars for each stall), are all factors that mitigate against impacting surrounding agricultural uses, i.e., grazing of cattle. There exists the potential for some noise impacts resulting from the use of "shots" (blanks being fired) in the training methods used (See Response in Item 10). Surrounding parcels vary in size. Those parcels larger than ten (10) acres have the potential for future parceling, but for those parcels less than ten (10) acres there is no potential for increased parceling with the current zoning. The potential exists for neighboring parcels to divide into 5 acre parcels, creating two to four times the number of parcels which cun'ently exist. This potentiality is mitigated to a degree by the presence of the Wyman Ravine floodplain which encompasses much of the land north, east and south of the project site. The 11.92 acre parcel adjacent on the north is encompassed within this floodplain, with the exception ofthat porrlion neighboring the proposed dog kennel facility. The potential exists for 1-2 future residences being located within 150-200 feet of the kennel. Mitigation: None required. ❑ Butte County Department of Development Services ❑ Planning Division ❑ 3 y e ousing . X Response: Approval of the request is not going to affectpopulation or housing projections. The project site is.built out in terns of permitted use, as are several neighboring parcels to the east and south. The current zoning would not permit additional land division on the applicanfs parcel or on several of the adjacent parcels. The approval of a use permit for a dog kennel is not going to have any effect in density or affordability of housing. Mitigation: None required. 3. GEOPHYSICAL. Would the proposal result in or expose people to potential impacts involving: . a) Seismicity: fault rupture? b) Seismicity: ground shaking/ liquefaction? c) Seismicity: seiche? d) Landslides or mudslides? e) Erosion, changes in topography or unstable soil conditions from excavation, grading or fill? 0 Subsidence of the land? g) Expansive soils? h) Unique geologic or physical f t o X X X X X X X ea urea. X Response: Approval of the request will not create any significant geophysical or topographical impacts that will result in any deterioration of the environment or place people at any significant risk. No new ❑ Butte County Department of Development Services ❑ Planning Division ❑ 4 • 7 • Use Permit: Dawn & Gary Breitbarth, UP #97_25 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact 2. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? X b) Induce substantial growth in an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? X c) Displace existing housing, especiall affordabl h . � y e ousing . X Response: Approval of the request is not going to affectpopulation or housing projections. The project site is.built out in terns of permitted use, as are several neighboring parcels to the east and south. The current zoning would not permit additional land division on the applicanfs parcel or on several of the adjacent parcels. The approval of a use permit for a dog kennel is not going to have any effect in density or affordability of housing. Mitigation: None required. 3. GEOPHYSICAL. Would the proposal result in or expose people to potential impacts involving: . a) Seismicity: fault rupture? b) Seismicity: ground shaking/ liquefaction? c) Seismicity: seiche? d) Landslides or mudslides? e) Erosion, changes in topography or unstable soil conditions from excavation, grading or fill? 0 Subsidence of the land? g) Expansive soils? h) Unique geologic or physical f t o X X X X X X X ea urea. X Response: Approval of the request will not create any significant geophysical or topographical impacts that will result in any deterioration of the environment or place people at any significant risk. No new ❑ Butte County Department of Development Services ❑ Planning Division ❑ 4 Use Permit: Dawn & Gary Breitbarth, UP #97-25 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact residents are proposed by this project. The soil characteristics of the site, Kimball loam, Wyman loam silty phase, and Rocklin fine sandy loam, are idenfified as having moderate erosion potential. The characteristics of the project site, level with little slope, is such that little erosion would likely occur. 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 of groundwater? h) Impacts to groundwater quality? X X X X X X X X Response: Approval of the project request is not going to have any effects upon absorption rates or drainage patterns. The existing 30x65 structure will be utilized for the dog kennel. This structure is capable of housing 24 dogs. The applicant has indicated that if they are successful they hope to expand their operation to 30 dogs within five (5) years. Any additional kennels will require expanding the present structure to accommodate the additional six (6) kennels. The characteristics of the site are such that any expansion of the building for an additional six kennels - sized at 4'x I V - will not significantly affect drainage pattems. Approval of the request is not going to have any impacts upon ❑ Butte County Department of Development Services ❑ Planning Division ❑ I.7 Use Permit: Dawn & Gary Breitbarth, UP 997-25 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact the groundwater. Approval of this project may have a potentially significant impact from surface water runoff, due to dog feces and other animal wastes, to surface waters if such waste products are not disposed of properly. To address this issue a mitigation. measure for a septic system to handle dog feces is necessary to adequately address such a potential impact. MITIGATION #1: The kennel operator shall clean and remove all excrement from the kennel on a weekly basis and dispose of excrement in septic tank installed under permit from the Butte County Environmental Health Division. The septic tank shall be pumped as needed or as directed by the Butte County Environmental Health Division.. ' 5. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? C) Alter air movement, moisture, or temperature, or cause any change in climate? d) Create objectionable odors? X X X X Response Approval of the request should not result in objectionable odors arising from increased dog feces if properly handled on a regular basis. if animal wastes are not properly disposed of in a proper manner this could be a problem.. Mitigation: See Mitigation 1. 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 on-site/ ❑ Butte County Department of Development Services ❑ Planning Division ❑ 2 Use Permit: Dawn & Gary Breitbarth, UP 997-25 Response: Approval of the request may have incremental effects on traffic to and from the site. The applicant has indicated that they will board other people's dogs as well as their own. This means there will be an incremental increase in traffic in the area from people coming and going to the kennel. The number of vehicles coming to and from the site will be minimal because the maximum number of dog owners will not exceed 30 at any given time, at full development of the use. The dog owners only visit their animals periodically - Field Trial dog owners once a week, hunting dog owners once a month (pers comm. Gary Breitbarth, applicant). Distribution of 30 potential vehicles across the week and across the month will not pose any significant impact from traffic. Mitigation: None required. 7. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds)? 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: Approval of the request is not going to have any impact on any plant or animal species on ❑ Butte County Department of Development Services ❑ Planning Division ❑ 7 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact offsite? X e) Hazards or barriers for pedestrians or bicyclists? X 0 Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts,. bicycle racks)? X g) Rail, waterborne or air traffic impacts? X h) Substantial impact upon existing transportation systems, including public transportation services? X Response: Approval of the request may have incremental effects on traffic to and from the site. The applicant has indicated that they will board other people's dogs as well as their own. This means there will be an incremental increase in traffic in the area from people coming and going to the kennel. The number of vehicles coming to and from the site will be minimal because the maximum number of dog owners will not exceed 30 at any given time, at full development of the use. The dog owners only visit their animals periodically - Field Trial dog owners once a week, hunting dog owners once a month (pers comm. Gary Breitbarth, applicant). Distribution of 30 potential vehicles across the week and across the month will not pose any significant impact from traffic. Mitigation: None required. 7. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds)? 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: Approval of the request is not going to have any impact on any plant or animal species on ❑ Butte County Department of Development Services ❑ Planning Division ❑ 7 E Use Permit: Dawn & Gary Breitbarth, UP #97-25 • Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated Less Than Significant No Impact Impact the rare, endangered or threatened species list. The dog kennel will be located inside an existing structure. If and when this structure needs to be expanded, the area of expansion is currently open, bare gravel area used for parking. Approval of the project is not going to effect any trees (Site visit). 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:The 30'x65' structure to house the dog kennel already exists and is going to use a minimal amount of nonrenewable resources. Any expansion of the facility will use a minimal amount of nonrenewable 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? P X X X X Response: Approval of the request is not expected to expose the public to any health hazards. The dogs will be keptin kennels with dog runs provided for them. The property site will be fenced around the exercise yard. Assuming the dogs' excrement is collected and disposed of in a regularly ❑ Butte County Department of Development Services ❑ Planning Division ❑ 8 E Use Permit: Dawn & Gary Breitbw* UP #97-25 • Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact scheduled manner, and that all the dogs receive regular rabies shots, any threat of transmission of diseases is reduced (See Response, Item 4 regarding animal waste disposal). Access to the site is a paved public street. Emergency vehicles will have no problem accessing the site. Mitigation: See Mitigation #1, item 4. 10. NOISE. Would the proposal result in: a) Increases in existing noise levels? X b) Exposure of people to severe noise levels? ' X Response: Approval of the request to permit a dog kennel for 30 dogs may present potentially significant noise impacts on the surrmundng area. The potential sources of noise may include barking, gun shots and whistles employed in the training program. The applicant has proposed to equip each stall with a "bark eliminator" collar. The whistles used for the type of dog the applicant will be training (English Springer Spaniel) make very little noise (pers demonstration, Gary Breitbarth). The project site is located at the end of Watt Lane, with the nearest neighbor located in excess of 300' away. Few neighbors live in the general proximity of the site. However, there is the potential for future land division and an increase in population density in the vicinity of the project. The applicant has indicated he would be using blank shots in gun training with the dogs on-site. The applicant said he would like to use the back portion of the parcel, on the other side of the creek where it is further removed from any residences, to train the dogs with gunfire. MITIGATION #2: All stalls shall be equipped with "anti -bark" collars. MITIGATION#3: Gun training shall be resticted to the eastern (1/2) half of the parcel, away from existing and potential future residences. 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? X b) Police protection? X c) Schools? X d) Maintenance of public facilities, including roads? X e) Other governmental services? X 0 Butte County Department of Development Services 0 Planning Division 0 • Use Permit: Dawn & Gary Breitbarth, UP #97-25 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact Response: Approval of the request will not result in the need for new or additional services. Approval of the use permit is not likely to result in any complaints from neighbors, especially because so few neighbors live in the area, and those are some distance away. t Mitigation: None required. 12. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems, or substantial alterations to the following utilities: a) Power or natural gas? X b) Communications systems? X c) Local or regional water treatment or distribution facilities? X d) Sewer or septic tanks? X e) Storm water drainage? X f) Solid waste disposal? X g) Special Districts? X Response: Approval of the request is not going to result in any need for new systems. Services are already present on-site. 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 request is not going to result in any significant impacts to scenic vistas or to the area's aesthetics. Mitigation: None required. 14. CULTURAL RESOURCES. Would the proposal.• a) Disturb paleontological resources? ❑ Butte County Department of Development Services ❑ Planning Division ❑ 10 X • Use Permit Dawn & Gary Breitbarth, UP #97-25 Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated b) Disturb archaeological resources? c) Affect historical resources? d) Have the potential to cause a physical change which would affect unique ethnic cultural values? e) Restrict existing religious or sacred uses within tht ti 1 Less Than Significant No Impact Impact X X X e po en a impact area r X Response: Approval of the request is not going to have any significant impacts upon any cultural resources. The kennel will use an existing metal buildng which sits on a cement slab foundation. Any addition to this structure will be on ground that has been compacted and used for parking and general use. Mitigation: None required. 15. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreation facilities? X b) Affect existing recreational opportunities? X Response: Approval of the request is not going to result in any additional demands upon recreational facilities. Mitigation: None required. 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 ❑ Butte County Department of Development Services ❑ Planning Division ❑ 11 • Use Permit: Dawn & Gary Breitbarth, UP #97-25 • Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact major periods of California history or prehistory? X b) 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 c) Does the project have environmental effects which will cause substantial adverse effects on human being, either directly or indirectly? X Response: Approval of the request will not have any significant impacts upon the quality of the environment, in as much as no significant impacts will result on any wildlife populations, either to plant or animal species. No known cultural resources exist on-site. There are no known cumulative impacts which would result from approval of the request. Approval ofthe request will increase the presence of animal waste on-site, but any potenfial sanitation problems can be addressed with a proper sepfic system. Approval of the project will also increase noise on-site. Mitigation: None required. 0 Butte County Department of Development Services ❑ Planning Division 0 12 Use Pemrit: Dawn & Gary Breitbuth, UP #97-25 V. MITIGATION MEASURES AND MONITORING REQUIREMENTS: MITIGATION #1: The kennel operator shall clean and remove all excrement from the kennel on a weekly basis and dispose of excrement in septic tank installed under permit from the Butte County Environmental Health Division. The septic tank shall be pumped as needed or as directed by the Butte County Environmental Health Division. MITIGATION #2: All stalls shall be equipped with "anti -bark" collars. MITIGATION#3: Gun training shall be resticted to the eastern (112) half of the parcel, away from existing and potential future residences. ❑ Butte County Department of Development Services ❑ Planning Division ❑ 13 Use Pemiit: Dawn & Gary Breitbarth, UP #97-25 1 A. B. DATA SHEET Proiect Description 1. Type of Project: Use Permit 2. Proposed Density of Development: n/a 3. Amount of Impervious Surfacing: minimal 4. Access and Nearest Public Road(s): 288 Watt Lane off of Stimpson Road. 5. Method of Sewage Disposal: Individual septic system. 6. Source of Water Supply: Individual well. 7. Proximity of Power Lines: To property. 8. Potential for further land divisions and development: There is no potential for land divisions under existing zoning . Environmental Settin 1. Terrain a General Topographic Character: relatively level with no unique topographical features b. Slopes: 0 to 2% C. Elevation: 95'-100' feet above sea level. d. Limiting Factors: flood plain 2. Soils a. Types and Characteristics: Kmball loam, Wyman loam silty phase, Rocklin fine sandy loam. b. Limiting Factors: none 3. Natural Hazards of the Land a. Earthquake Zone: Moderate Earthquake Zone Mercator Scale VIII. b. Erosion Potential: moderate C. Landslide Potential: none d. Fire Hazard: irrigated -unclassified area e. Expansive Soil Potential: moderate to high 4. Hydrology a. Surface Water: Wyman Ravine b. Ground Water: Unknown C. Drainage Characteristics: south d. Annual Rainfall (normal): 20-22 inches per year. e. Limiting Factors: flood plain 5. Visual/Scenic Quality: Good. 6. Acoustic Quality: Good. 7. Air Quality: Good, except when stagnant air conditions persist in the valley. 8. Vegetation: variety of trees: oak and typical species of trees and shrubs for valley area. 9. Wildlife Habitat: no critical species habitat area. 10. Archaeological and Historical Resources in the area: moderate to low sensitivity area. 11. Butte County General Plan designation: Orchard & Field Crops 12. Existing Zoning: A-5 13. Existing Land Use on-site: residential; (site currently unoccupied) 14. Surrounding Area: a. Land Uses: residential uses on parcels ranging from'8 ac to 50+ acres b. Zoning: A-5 C. Gen. Plan Designation: Orchard & Fields Crops d. Parcel Sizes: 8 to 50+ acres 15.. Character of Site and Area: rural residential. ❑ Butte County Department of Development Services ❑ Planning Division ❑ 14 Use Pemi t: Dawn & Gary Breitbarth, UP #97-25 16. Nearest Urban Area: Gridley 17. Relevant Spheres of Influence: none 18. Improvement Standards Urban Area: none 19. Fire Protection Service: a. Nearest County (State) Fire Station: Station number 74 approbmately 4 miles away. b. Water Availability: Fire tankers only. 20. Schools: Gridley Union High, Gridley 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 Mao .11-2 Seismic Safety Element Oroville, CA: CH2M Hill, 1977. 3. Butte County Planning Department. Subsidence and Landslide Potential Map 111-1 Safetv Element Oroville, CA CH2M Hill, 1977. 4. Butte County Planning Department. Erosion Potential Man 111-2 Safetv Element Oroville, CA. CH2M Hill, 1977. 5. Butte County Planning Department. Expansive Soils Mao 111-3 Safetv 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 Man 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 Survev 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 0 Gary and Dawn Breitbarth - proposed Negative Declaration with mitigation, measures regarding environmental impacts and Use Permit to allow dog -kennel - for 30 dogs on an 8.2 acre parcel zoned AR -5 (Agricultural Residential - 5 acre parcels) located at the end of Watt Lane, north of Stimpson Road, on the east side of Highway 70, identified as AP 025-220-003, Gridley. (SH) (UP97-25) (VIDEO) A video of the property was shown. Mr. Hackney gave a brief summary of the project. He recommended three changes to the conditions. Condition 1, recommend on the second sentence, that "weekly" be changed to "daily"; Condition 6, the wording be changed "the kennel shall be inspected annually" instead of twice a year; and add Condition 11 "Applicant shall obtain a kennel license from Butte County Animal Control." Chairman Lambert asked how a stall collar is used, and if the dogs are trained on-site and off-site? Mr. Hackney said the dogs will be taken off-site for some training of hunting dogs. The stall collars are used inside the kennel. Commissioner Leland asked on Condition 4 what the County was being held harmless from? Mr. Sanders said the condition is to protect the County against claims resulting from the approval of this Use Permit. . Commissioner Leland said he was not sure it was appropriate to have hold harmless and requested that the condition be deleted. Commissioner Nelson said that off-site training activities are not under the purview of this Commission. Commissioner Cage said there should be a condition on outdoor fencing for a run area. Commissioner Mooney was concerned with the use of a training gun. He said he would not like the gun used in the middle of the night, but during daylight hours only. He was also concerned with the dog whistle. Mr. Hackney stated that the training will usually be between 5 and 7 P.M. in the evening. He said the Commission would have to ask the applicant about the whistle. - ~ Commissioner Mooney said people can not hear the whistle, but all the dogs in the neighborhood can. He asked if there were alternatives to the excrement disposal proposed by the Health Department. 4 The hearing was opened to the public. BUTTE COUNTY -PLANNING COMMISSION MINUTES --July 24,-1997 Dawn Breitbarth said there will be no training at night. She said her husband does the training and he works nights. There was a discussion on adding a condition for fencing to.match the site plan. This was acceptable with the applicant. Ed McConnell said he. owns property in Gridley and has a business in Gridley. He said the applicant will be training very expensive dogs. He was in favor of the permit. The hearing was closed. Commissioner Cage requested that they add Condition 12 "Applicant shall comply with all other applicable State and local statutes, ordinances, and regulations." It was moved by Commissioner Leland, seconded by Commissioner Cage, and unanimously carried for approval, with the corrections and additions to the conditions as follows: - Section 1: Environmental Findings. A.. An Initial Study was, completed in compliance with the California Environmental Quality Act identifying potentially significant environmental effects that the project may have. Provisions and the design of the project and the conditions added to the project will mitigate such effects to a level of insignificance; and B. The Planning Commission has independently reviewed, analyzed, and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, and the Negative Declaration reflects the independent judgement of Butte County; and Section 2: Zoning Ordinance Findings. A. The proposed use of the property, pursuant to Butte County Code Section 24-45, will not conflict with, impair or be detrimental to the uses both permitted and ,conditional in the A-5 zone and the Orchard & Field Crop General Plan designation in which it is located and/or adjoins; and - BUTTE -COUNTY PLANNING COMMISSION MINUTES - July 24, 1997 B. The proposed use would not be unreasonably incompatible with, or injurious to, surrounding properties in that there are limited residences in the area and future densities are limited to the 5 acre minimum in the A-5 zone and to potential constraints such as the. presence of a floodplain in the area; and the project is. conditioned to reduce associated impacts to a level of insignificance that are similar to existing. conditions in the area; and C. The proposed use of the property, pursuant to Butte County Code Section 24-90, will not conflict with, impair or be detrimental to the uses both permitted. and Conditional in the A-5 zone and the Orchard & Field Crop General Plan Land Use designation in which it is located and/or adjoins: 1. Existing development pattern has no residential structures within 300 feet of the proposed use; and 2. The A-5 zone will allow for the potential creation of approximately 5 new parcels immediately adjacent to the project site; and 3. The keeping of animals, including dogs, is provided for in the A-5 zoning, subject to animal maintenance requirements of Sections 24-255 through 24- 255.15. D. The proposed use of the property would not be 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 residents of the County in that the proposed use will be conditioned to reduce associated impacts to a level of insignificance. Section 3: Action A. Subject to the findings indicated in Sections 1 and 2 of this Permit and the mitigation measures and conditions found in Exhibit "A," a Negative Declaration with mitigation measures is hereby adopted and the Use Permit approved for Gary & Dawn Breitbarth on APN 025-220-003 to allow a dog kennel for 30 dogs on property zoned A-5 located at the end of Watt Lane at 288 Watt Lane, Gridley area. B. Minor changes may be approved administratively by the Director of Development Services or 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. Mitigation Measures: 1. The kennel operator shall clean and remove all excrement from the kennel on a daily basis and dispose�of excrement in septic tank installed or other means of BUTTE COUNTY PLANNING COMMISSION MINUTES - July 24, 1997 0 disposal under permit from the Butte County Environmental Health Division. The septic tank shall be pumped as needed or as directed by the Butte County Environmental Health Division.. . • 4 2. All stalls shall be equipped with "anti -bark", collars. -All training shall take place during daylight hours_ 3. Gun training shall be restricted to the eastern ('/2) half of, the parcel, away from existing and potential future residences. D. t) Conditions: t : - 4. E. The•kennel operator shall install a 6 ft. chain link fence as shown on the attached' site plan., 5. The kennel operator shall be permitted to display a sign at the entrance of the property to a maximum_ size. of ten .(10)•square feet subject to required setbacks. 6. The kennel shall be inspected annually by the Butte County. Rabies Control Division at the cost of the kennel operator. The Planning Division shall be notified of the time of the inspection and informed of the outcome within 72 hours of inspection. Any deficiencies documented by the Rabies Control Division shall be corrected within one month of observation or within a time frame acceptable to Rabies Control Division. 7. 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. E. Public Works Department Conditions: 8. Prior to the issuance of building permits obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. 9. Prior to the issuance of building permits deed to Butte County, in fee simple, 30 feet of right-of-way from the centerline of Watt Lane. F. Fire Department Conditions: 10. 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. 11. Applicant shall obtain a kennel license from Butte County Animal Control. ' 12. Applicant shall comply with all other applicable State and'local statutes, ordinances, and regulations. BUTTE COUNTY PLANNING COMMISSION MINUTES - July 24, 1997 AGENDA REPORT TO: Honorable Chair and Planning Commission FROM: Department of Development Services - Planning Division DATE: July 9, 1997 REQUEST: Use Permit #97-25 for Gary & Dawn Breitbarth on APN 025-220-003: A request for a Use Permit to allow a dog kennel for 30 dogs on an 8.2 acre parcel located at the end of Watt Lane north of Stimpson Road on the east side of Highway 70, in the Gridley area. The property is zoned . AR -5 (Agricultural - 5 acre minimum) with a General Plan designation of Orchard & Field Crops. This project is located in Supervisorial District 4. RELATED ITEMS: None FOR: Planning Commission Meeting of July 24, 1997 SUMMARY: This application is for a Use Permit to allow a dog kennel for 30 dogs. The kennel is a conditionally consistent use in the AR -5 zone and a secondary use in the Orchard & Field Crop General Plan designation. Staff recommends approval with conditions and findings contained in this report. PROJECT CHARACTERISTICS: This request is for a Use Permit to allow a private dog kennel on an 8.2 acre parcel. Currently there is a single family modular home 2460 and a metal structure 30x65 on a cement slab foundation. It is proposed to house the dogs inside the metal structure. As the need for additional dog runs increases beyond the 24 dog run capacity of the metal structure, the applicant proposes to build an addition onto this structure to house the additional dogs. The dogs will primarily be limited to English Springer Spaniels. They will be trained both on-site and offsite. These dogs are trained either for Field Trials (show competition) or for hunting. Some use of guns (blanks) and whistles are involved. Dogs trained for Field Trials are kept as long as a year, while dogs trained for hunting are kept from 3 to 4 months. Operating hours will average 3-4 hours per day, at 20 to 25 minutes per dog. The project is located on an 8.2 acre parcel at the end of Watts Lane, approximately one mile north of Stimpson Road, on the east side of Highway 70, north of Robinson Corner, in the Gridley area. The project site is zoned A-5 (Agricultural -5 acre minimum) and has a General Plan designation of Orchard & Field Crop. The project site is surrounded by parcels ranging in size from 8+/- acres to 26+/—acres. All surrounding parcels have A-5 zoning and Orchard & Field Crop land use designation. The parcel is bordered by grazing land, with the nearest residences located south, approximately 300-600 feet away. The topography is fairly level and there is an assortment of trees along Watt Lane and the north and south borders ,of the ❑ Butte County Department of Development Services - Planning Division ❑ 1 property, providing a natural screen blocking the project site from the neighbors to the south. Water is provided by a private well and sewer service is provided by a septic system. Access to the parcel is from Watt. Lane via Stimpson Road. ANALYSIS: The request for a dog kennel with this intensity of use is not,expected to be incompatible with existing land uses adjacent to the property. The applicant has stated the dogs will be housed inside an enclosed structure. Each stall will be equipped with a "bark eliminator" collar. The size of the parcel (8.2 acres), the purpose of the.kennel, gun dog training, the manner in which the dogs will be kept in an enclosed structure, -and the use of "bark eliminator' collars for each stall, are all factors that mitigate against impacting surrounding agricultural uses. a The Initial Study completed for this project has identified several issues and concerns that must be addressed in order to accurately assess the project. These issues/concerns include animal waste and odor, and noise. Animal waste & odor: Approval of this project may have a potentially significant impact from surface water runoff, due to dog feces and other animal wastes, to surface waters if such waste products are not disposed of properly. Approval of the request will increase the presence of animal waste on- site. A mitigation measure for a septic system to handle dog feces is necessary to adequately address such a potential impact. If animal wastes are not properly disposed of in a proper manner odor could become a problem. Approval of a dog kennel for 30 dogs should not result in objectionable odors arising from increased dog feces if properly handled as required by the Butte County Environmental Health Division. To assure potential septic and odor impacts will be reduced to levels of insignificance the following recommendations will be made as conditions of approval: The kennel operator shall clean and remove all excrement from the kennel on a weekly basis and dispose of excrement in septic tank installed under permit from the Butte County Environmental Health Division. 2. The septic tank should be pumped as needed or as directed by the Butte County Environmental Health Division. Noise: Approval of the request to permit a dog kennel for 30 dogs may present potentially significant noise impacts on the surrounding area. The potential sources of noise may include barking, gun shots and whistles employed in the training program. The applicant has proposed to equip each stall with a "bark eliminator" collar. The whistles used, for the type of dog the applicant will be training, make very little noise (pers demonstration,, Gary Breitbarth). The ❑ Butte County Department of Development Services - Planning Division ❑ 2 • •. project site is located at the end of Watt Lane, with the nearest neighbor located in excess of 300' away. Few neighbors live in the general proximity of the site. However, there is the potential for future land division and an increase in population density in the vicinity of the project. The applicant has indicated he would be using blank shots in gun training with the dogs on-site. The applicant said he would like to use the back portion of the parcel, on the other side of the creek where it is further removed from any residences, to train the dogs with gunfire. To assure potential noise impacts will be reduced to levels of insignificance the following recommendations will be made as conditions of approval: 1. The stalls shall be equipped with "anti -bark" collars; 2. Use of gun training shall be restricted to the use of blanks, at the eastern half of the parcel, at least 600 feet distance from residences on-site. No other issues or concerns were identified in the Initial Study. The Butte County Fire Department and Public Works have recommended additional conditions and are listed in. Exhibit "A." 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 by County staff. Based upon the 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. RECOMMENDATION: Staff recommends that the Planning Commission approve the application for Gary & Dawn Breitbarth on APN 025-220-003, subject to the following findings and conditions in the attached Exhibit "A." Attachments: A: Project and Surrounding Area, B: Vicinity Map C: Exhibit "A" - Findings & Conditions D: Exhibit "B" - Site Plan E: Environmental Documentation ❑ Butte County Department of Development Services - Planning Division ❑ 3 EXHIBIT "A" USE PERMIT BUTTE COUNTY PLANNING COMMISSION • DATE: (Certified Mail Rec.) 97-25 PERMIT NO. AP 025-220-003 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Gary & Dawn Breitbarth are hereby granted a Use Permit in accordance with application filed: 4/17/97 to allow a dog kennel for 30 dogs on property zoned A-5 located at 288 Watt Lane, Gridley. 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. 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. An Initial Study was completed in compliance with the California Environmental Quality Act identifying potentially significant environmental effects that the project may have. Provisions and the design of the project and the conditions added to the project will mitigate such effects to a level of insignificance; and ❑ Butte County Department of Development Services - Planning Division ❑ 4 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 the Negative Declaration reflects the independent judgement of Butte County; and Section 2: Zoning Ordinance Findings. A. The proposed use of the property, pursuant to Butte County Code Section 2445, will not conflict with, impair or be detrimental to the uses both permitted and conditional in the A-5 zone and the Orchard & Field Crop General Plan designation in which it is located and/or adjoins; and B. The proposed use would not be unreasonably incompatible with, or injurious to, surrounding properties in that there are limited residences in the area and future densities are limited to the 5 acre minimum in the A-5 zone and to potential constraints such as the presence of a floodplain in the area; and the project is conditioned to reduce associated impacts to a level of insignificance that are similar to existing conditions in the area; and C. The proposed use of the property, pursuant to Butte County Code Section 24-90, will not conflict with, impair or be detrimental to the uses both permitted and conditional in the A-5 zone and the Orchard & Field Crop General Plan Land Use designation in which it is located and/or adjoins: Existing development pattern has no residential structures within 300 feet of the proposed use; and 2. The A-5 zone will allow for the potential creation of approximately 5 new parcels immediately adjacent to the project site; and 3. The keeping of animals, including dogs, is provided for in the A-5 zoning, subject to animal maintenance requirements of Sections 24-255 through 24- 255.15. D. The proposed use of the property would not be 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 residents of the County in that the proposed use will be conditioned to reduce associated impacts to a level of insignificance. Section 3: Action A. Subject to the findings indicated in Sections 1 and 2 of this Permit and the mitigation measures and conditions found in Exhibit "A," a Negative Declaration with mitigation measures is hereby adopted and the Use Permit approved for Gary & Dawn Breitbarth ❑ Butte County Department of Development Services - Planning Division ❑ 5 on APN 025-220-003 to allow a dog kennel for 30 dogs on property zoned A-5 located at the end of Watt Lane at 288 Watt Lane, Gridley area. B. Minor changes may be approved administratively by the Director of Development Services or 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. Mitigation Measures: The kennel operator shall clean and remove all excrement from the kennel on a weekly basis and dispose of excrement in septic tank installed under permit from the Butte County Environmental Health Division. The septic tank shall be pumped as needed or as directed by the Butte County Environmental Health Division. 2. All stalls shall be equipped with "anti -bark" collars. 3. Gun training shall be restricted to the eastern (1/2) half of the parcel, away from existing and potential future residences. D. Planning Division Conditions: 4. The kennel operator shall sign a Hold Harmless agreement with Butte County. 5. The kennel operator shall be permitted to display a sign at the entrance of the property to a maximum size of ten (10) square feet subject to required setbacks. 6. The kennel shall be inspected twice a year by the Butte County Rabies Control Division at the cost of the kennel operator. The Planning Division shall be notified of the time of the inspection and informed of the outcome within 72 hours of inspection. Any deficiencies documented by the Rabies Control Division shall be corrected within one month of observation or within a time frame acceptable to Rabies Control Division. 7. 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. E. Public Works Department Conditions: 8. Prior to the issuance of building permits obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. ❑ Butte County Department of Development Services - Planning Division ❑ 6 9. Prior to the issuance of building permits deed to Butte County, in fee simple, 30 feet of right-of-way from the centerline of Watt Lane. F. ' Fire Department Conditions: 10. 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. I hereby declare under penalty of perjury that I have read the foregoing conditions, that they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Dated: Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any, other requirements. Butte County Planning Commission Chairman CC: Land Development Division Building Division Health Department Department of Forestry k:\planning\projects\upc\breitbrt\breftbrt.rpt ❑ Butte County Department of Development Services - Planning Division ❑ 7 0 • UP 97-25 APN 025-220-003 U E Gridley Road A-5 0 Cox La A-5 ■ Lo A-5 J � BUTTE COUNTY PLANNING COMMISSION Applicant: Dawn & Gary Breitbarth Owner: William Robinson Hearing Date: 7_2Y @ q: OoA►wl Existing Zone: A-5 (Agricultural, 5 acre minimum) N Request: Use Permit for a 30 dog, dog kennel. No Scale Assessor Parcel No: 025-220-003 File: 97-25 r, 01 .R DEPATMERT OF DEVELOPMd -SERA ICES BUTTE COUNTY UVIFORNi APPLICATION APPLICANT: Agent information to be provided is on other side: APPLICANT'S NAME ( applicant is different from own affidavit is uircd) ASSESSOR'S PARCEL NUMBER. C� r 2W -- Q ADDRESS: CITY. STATE & ZIP CODE: FILE BER: (FOR OFFICE USE) (// Q r C ej 97-ciZ NAME OF PROPOSED P OJECT ( If any )TELEPHONE. >av� ( ) LOCATION OF PROJECT ( Major cross streets and Address, if any f N$po�1 ' GE4ERAL INFORMATION REQUIRED OWN E $ AME /�� \ R If this appli tion is for a land division . describe the umber and r 0 f C TELEPHONE � I (� Sn b Cx-�\u l ) ADS r� � � a A C177-1, S,A��ZIP CODE: � ' ka'1 1 ti•. ZONE GENERAL PLAN EXISTING LAND SE SITE SIZE in Square Feet or acres J - 5 0 r eS E\1STLNG STRUCTURES ( in Square Feet) PROPOSED STRUCTURES J in Square Feet ) (Check Oot:) (Check One) ❑ PROPERTY 1S OR PROPOSED TO BE SEWERED ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC 'WATER p -PROPERTY IS OR PROPOSED TO BE ON SEPTIC ®' PROPERTY IS OR PROPOSED TO BE ON WELL WATER APPLICATION REQUESTED ❑ GENERAL PLAN AMENDMENT ❑ REZONE Planning Division USE PERMIT ❑ MINOR USE PERMIT APR 17 1997 ❑ VARIANCE Orovillo, California ❑ MINOR VARIANCE ❑ ADMINISTRATIVE PERMIT ❑ DEVELOPMENT AGREEMENT ❑ TENTATIVE SUBDIVISION MAI' ❑ TENTATIVE PARCEL MAP ❑ WAIVER OF PARCEL MAP ❑ BOUNDARY LINE MODIFICATION ❑ LEGAL LOT DETERMINATION ❑ CERTIFICATE OF MERGER ❑ MINrNG AND RECLAMATION PLAN [3 OTHER PROJECT DESCRIPTION FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. Size of parcels.).Jr - If this appli tion is for a land division . describe the umber and r 0 f C v' V, b Cx-�\u Ma, lv0� l hi ` 3o doc 5 \e -o •P '1 a Q, ►, C .t ATION 1 CERTIFY THAT 1 tvkl PRESEN LY THE LEGAL. OWNER OR THE AUTHORIZED AGET OF THE OWNER OF IHE .-kBUVE DESCRIBED PROPER I 1 FURTHER. 1 ACK..NOw1.EDGE THE FILING OF THLY APPLICATION AN"D CERTIFY THAT ALL OF THE A13U%E L\FUKNIA IUti IJ IRC 1::l�l� ACCURATE. (If an agent is to be authorized, eatecutc an atlidavit of authonzauon and LmJude the affidavit with thu application . DATE: y% SIGNATURE: Z�- 4 AGENT AUTHORMkTION To Butte County, Department of Development Services; p -mc :dame agent xW Phow Numb r bd&Mns Addrea is hereby authorized to prods this application for on my property, identified as Butte County . This authorization hearinf,A appeals, etc. and to sign all dQ / ments document (s) relating to record title mte est. Owner(s) of Record: (sign and print na e) - f Print Naate Signaatrs Architect and/or Engineer: p -,t Vase oC.1tz`titect/L-1giaeet and PSooe dumber Mailing Address FOR OFFICE USE ONLY Verify: Date received: Parcel Number representation for all applications, .ry for said processing, but not including Prat Name signature Total amount received: AP Number(s) Legal Description Owners Authorization Zoning requirements Project Description Copies of -plot pian o0 Taken by � Receipt No.L`-jed E•H- � LD /ems? Plan7� FD 3 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 S 1 O 1 1 00 as of --3 2 S crl Make check payable to "Butte County Treasurer". General Information: 1. Name and address of COUNTY OF BUTTE ENVIRONMENTAL INFORMATION FORM (To be Completed By Project Applicant)' Date Filed and/or developer, and/or project 2. Address of project: _ '.. Q i `)" )—k-) Assessor's Parcel Number: 3. Name, address, and telephone number of person to be contacted concerning this project: 4. List and describe any other related permits and other public approvals re wired for this project, including those required by city, regional, state and federal agencies: 5. Existing general plan designation: 6. Existing zoning district: > 7. How is land currently used? r t-. 8. Proposed use of site (Project for which this form is filed): V._ 1A V1 Project Description: 9. Site size: 2 Z 1�1 �K"l,� (Acres/Sq. Feet; 10. Off-street parking spaces: Full size: Compact: Total: 11. Plans attached Yes Vl�o 12. Proposed development schedule IBJ 13. Associated projects Iy 14. Anticipated incremental or.phased development 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. Butte County Department of Development Services = Planning. Division Planning, Division APR 17 1997 Qrgvillel GaIltornia If institutional, indicate the major function, estimated employment per shift, estimated occupancy. loading facilities, and community benefits to be derived from the project. If the project involves a variance, conditional use, rezoning application, or any development permits, state this I 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 (attachadditional sheets as necessary). YES 20. Change in existing features of any hills, buttes, canyons or substantial afteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or roads. 22. Change in pattern or character of general area of project. _ 23. Significant amounts of solid waste or litter. _ 24. Change in dust, ash, smoke, fumes or odors in vicinity. 25. Change in bay, lake, river, stream or ground water quality or quantity, or alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. _ 27. Site on filled land or on slopes of 10 percent or more. _ 28. Use of, or disposal of potentially hazardous materials, such as toxic substances, flammable or explosives. _ 29. Substantial change in demand for municipal services (police, fire, water, sewage, etc. including special districts). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). _ 31. Relationship to a larger project or series of projects. _ Planning Division APR 17 1997 OMWI,40, Caw ❑ Butte County Department of Development Services n Planning Division 2 0 �d Xle5— 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 raquired 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 K:\FORMS\SUBMITTAL\ENV-INFO Planning Division APR 1 ? 1997 Oroville, California 0 Butte County Department of Development Services 0 Planning Division c USE PERMIT .BUTTE COUNTY PLANNING COMMISSION SEP 3 1997 DATE: (Certified Mail Rec.) 97-25 PERMIT NO. AP 025-220-003 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Gary & Dawn Breitbarth are hereby granted a Use Permit in accordance with application filed: 4/17/97 to allow a dog kennel for 30 dogs on property zoned A-5 located at 288 Watt Lane, Gridley. 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in. accordance with -the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45. 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. An Initial Study was completed in compliance with the Caflifornia Environmental Quality Act identifying potentially significant environmental effects that the project may have. Provisions. and the design of the project and the conditions added to the project will mitigate such effects to a level of insignificance; and B. The Planning, Commission has independently reviewed, analyzed, and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, and the Negative Declaration reflects the independent judgement of Butte County; and Section 2: Zoning Ordinance Findings. USE PERMIT .BUTTE COUNTY PLANNING COMMISSION SEP 3 1997 DATE: (Certified Mail Rec.) 97-25 PERMIT NO. AP 025-220-003 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Gary & Dawn Breitbarth are hereby granted a Use Permit in accordance with application filed: 4/17/97 to allow a dog kennel for 30 dogs on property zoned A-5 located at 288 Watt Lane, Gridley. 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in. accordance with -the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45. 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. An Initial Study was completed in compliance with the Caflifornia Environmental Quality Act identifying potentially significant environmental effects that the project may have. Provisions. and the design of the project and the conditions added to the project will mitigate such effects to a level of insignificance; and B. The Planning, Commission has independently reviewed, analyzed, and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, and the Negative Declaration reflects the independent judgement of Butte County; and Section 2: Zoning Ordinance Findings. A. The proposed use of the property, pursuant to Butte County Code Section 24-45, will not conflict with, impair or be detrimental to the uses both permitted and conditional in the A-5 zone and the Orchard & Field Crop General Plan designation in which it is located and/or adjoins; and. B. The proposed use would not be unreasonably incompatible with, or injurious to, surrounding properties in that there are limited residences in the area and future densities are limited to the 5 acre minimum in the A-5 zone and to potential constraints such .as the presence of a floodplain in the area; and the project is conditioned to reduce associated impacts to a level of insignificance that are similar to existing conditions in the area; and C.. The .prop'osed use of the property, pursuant to Butte County Code Section 24-90, will not conflict with, 'impair or be detrimental to the uses both permitted and conditional in the A-5 zone. and the Orchard & Field Crop General Plan Land Use designation in which it is located and/or adjoins: Existing development pattern has no residential structures within 300 feet of the proposed use; and 2. The A-5 zone will allow for. the potential creation of approximately 5 new parcels immediately adjacent to the project site; and 3. The keeping of animals, including dogs, is provided for in the A-5 zoning, subject to animal maintenance requirements of Sections 24-255 through 24-255.15. D. The proposed use of the property would not be 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 residents of the County in that the proposed use will be conditioned to reduce associated impacts to a level of insignificance. Section 3: Action A. Subject to the findings indicated in Sections 1 and 2 of this Permit and the mitigation measures and- conditions found in Exhibit "A;" a Negative Declaration with mitigation measures is hereby adopted and the Use Permit approved for Gary. & Dawn Breitbarth on APN 025-220-003 to allow a dog kennel for 30 dogs on property zoned A-5 located at the end of Watt Lane at 288 Watt Lane, Gridley area. B. Minor changes may be approved administratively by the Director of Development Services or 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. Mitigation Measures: 1. The kennel operator shall clean and remove all excrement from the kennel on a daily basis and dispose of excrement in septic tank installed~or other means of disposal under permit from the Butte County Environmental Health Division. The septic tank shall be pumped as needed or as directed by the Butte County Environmental Health Division. 2. All stalls shall be equipped with "anti -bark" collars. All training shall take place during daylight hours. 3. Gun training shall be restricted to the eastern ('/2) half of the parcel, away from existing and potential future residences. D. Conditions: 4. Tiaekennel operator shall install'a 6 ft. chain !ink fenice as shown ori the attached site plan. 5. The kennel operator shall be permitted to display a sign at the entrance of the property to a maximum size of ten (10) square feet subject to required setbacks. 6. The kennel shall be inspected annually by the Butte County Rabies Control Division at the cost of the kennel operator. The Planning Division shall be notified of the time of the inspection and informed of the outcome within 72 hours of inspection. Any deficiencies documented by the Rabies Control Division shall be corrected within one month of observation or within a time frame acceptable to Rabies Control Division. 7. 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. . , 8. Prior to the issuance of building permits obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. 9. Prior to the issuance of building permits deed to Butte. County, in fee simple, 30 feet of right-of-way from. the centerline of Watt Lar.e. 10. 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. 11. Applicant shall obtain a kennel license from Butte County Animal Control. 12. Applicant shall comply with all other applicable State and local statutes, ordinances, and regulations. I hereby declare under penalty of perjury that I have read .the foregoing conditions, that they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Dated: CQ 9 Ap 1i- t ' 4 NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Bu a County Planning Commission Chairman CC: Land Development Division Building ,'Division, Healt!`epartrnr:rt . Department of Forestry J cy�'� sfMP L Jy.9n.Ln .1 G ' \G C �X w.i.rrs -GRI o.�y..Cacar . ^��.- 3 i APPROVED Development Pian DATE, 11 / ..+..r► i USE PERMIT _..._ VARIANCE MINOR U:P. --ADM.PERMIT......Mw 7J Apt) p Zs - z i o- o a 3 i PLANNING COMMISS. DIRECTOR,OF . DEVELOPMENT SERVICES I 1 i r I I I i I I LR.PtiH ,I I I r I I � ► � � I 11 � r 1 1 I � I ; I � � � � •�j I - 1 I I I I I Itl*�color* I i -res(e�e6cv TZ — - F�41 ,pl6 '5#n P Tl (� 07441 S IDES -fG K 61tf-E ►us F R S SENDER: ■ Complete items 1 and/or 2 for additional services. m ■Complete items 3, 4a, and 4b. m ■ Print your name and address on the reverse of this form so that we can return this card to you. •Attach this form to the front of the mailpieoe, or on the back if space does not d permit. d ■ Write'Retum Receipt Requested' on the mailpieoe below the article number. JZ ■The Return Receipt will show to whom the article was delivered and the date C delivered. 0 a°, CL 3. Article Addressed to: 4a. Article N 3` d 13" �s : 3 .. > . .. vice gib. it 34%% In �Q (� C q 593 p Register E] pry . W W i ❑ Re m Re c a z 7.7 Date of D z 5. Received By: (Print Name) 8. Addresse I also wish to receive the following services (for an extra fee): 1. ❑ Addressee's Address 2. ❑ Restricted Delivery Consult postmaster for fee. X Certified ❑ Insured for Merchandise ❑ COD ery if LU and fee is paid) 6. Signature: ssee or en H PS Form 38 1, December 1994 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Print your name, address, and ZIP Code in this box • COUNTY OF BUFTE DEPARRABIT OF OVELOPUBIr S PLA =01 ' ; 1 W --. .: . . Co OroviNe, CA "" ... September 3, 1997 Gary and Dawn Breitbarth 213 Village Circle Sacramento, CA 95938 CERTIFIED MAIL Re: Use Permit, AP 025-220-003 Dear Mr. and Mrs. Breitbarth: utte Count LAND OF NATURAL W EALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916) 538-7785 Enclosed is your validated Use Permit No. UP 97-25 to allow a dog kennel for 30 dogs on an 8.2 acre parcel zoned AR -5. 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.i k Z-379`332 151 Sincerely, Receipt for Certified Mail Thomas A. Parilo No Insurance Coverage Provided Director of Development ServicesuwrosTUSERVCF Do not use for International Mail I o (See Reverse) � ViSa ' M Of r Teri Bridenhagen A L) cAit :9 Office Assistant III o Enc. Postage r) € rl cc: Land Development Division Building Division Environmental Health Department of Forestry is\temp\ups Sent to ' Street d No. ' A L) cAit P.O., State and ZIP C e 9:5 2 Postage ` a Certified Fee SpectallDetivery�Ree: j !� �RbstflctbdiDetivery,Fee' Return Receipt Showing to Whom & Date Delivered Return Receipt Showing to Whom, Date, and Addressee's Address TOTAL Postage & Fees Postmark or Date I \ = ZL e UP 92 —2� Pf L .I c-ANT" P-0C31)1)S0ili t- _ s00 Lq (,1)- -_ 11005 !o 10 i 2 G cn - - -- • III --T _ - --- 070 J-I II I _ _ • _ �r �� -- _�li - _ ��. - � �� ___ __- I -- . �� ^- i III II 0 NO-7��y QaPPLi i EL: 025 220 003 000 STATUS: ACTIVE ROBINSON WILLIAM H & NANCY D JT 46 ORD RANCH RD GRIDLEY CA 95948 EL: 025 220 004 000 STATUS: ACTIVE KRUGER GARY L 264 WATT LN OROVILLE CA 95965 EL: 025 220 005 000 STATUS: ACTIVE SMITH DONALD L 1668 ORO DAM BLVD STE 60 OROVILLE CA 95965 EL: 025 220 008 000 STATUS: ACTIVE COOK FREDRICK E & EULA L 188 WATT AVE OROVILLE CA 95965 EL: 025 220 009 000 STATUS: ACTIVE GEIGER LESLIE H & BECKY R JT 21 WESTELLE DRIVE OROVILLE CA 95966 EL: 025 220 01l 000 STATUS: ACTIVE MALVEAUX HARRIETTE ANN 661 RUNNYMEADE ST PALO ALTO CA 94303 EL: 025 220 021 000 STATUS: ACTIVE GLOVER MARTHA E & E L 228 STIMPSON RD OROVILLE CA 95965 EL: 025 220 033 000 STATUS: ACTIVE HUNT REX E ETAL 1848 HIGHWAY 70 OROVILLE CA 95965 P. EL: 025 220 037 000 STATUS: ACTIVE MEYER EMIL JOHN JR SS 505 OAKVALE AVE OROVILLE CA 95965 EL: 025 220 038 000 STATUS: ACTIVE DONATI THOMAS D & SALLY B JT 1908 HWY 70 OROVILLE CA 95965 EL: 025 220 042 000 STATUS: ACTIVE ROXSON FRED & JEANNIE M JT PO BOX 477 GRIDLEY CA 95948 EL: 025 220 051 000 STATUS: ACTIVE TUMAN DAVID B & SHIRLEY E (CB DVA) 156 STIMPSON RD OROVILLE CA 95965 EL: 025 220 057 000 STATUS: ACTIVE WESTERMAN FAMILY TRUST WESTERMAN RALPH L & NAOMA J TRUSTEES 3306 MILKY WAY BIGGS CA 95917 EL: 025 220 067 000 STATUS: ACTIVE BARNWELL ALBERT S & SHIRLEY A 191 WATT LN OROVILLE CA 95965 EL: 025 220 068 000 STATUS: ACTIVE STOGSDILL JOHN HARVEY & EVETTE CP 171 WATT LN OROVILLE CA 95965 EL: 025 220 069 000 STATUS: ACTIVE WILLSON DAVID T & CHARLOTTE H 2316 YOSEMITE AVE ESCALON CA 95320 EL: 025 220 070 000 STATUS: ACTIVE ANTHONY ROGER T & BARBARA J 22 WATT LANE OROVILLE CA 95965 Nr� . , r AO Ki... - -- PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE. CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916) 538-7785 June 18, 1997 Gary & Dawn Breithbarth 213 Village Court Sacramento, CA 95838 RE: Use Permit, UP 97-25 AP#025-220-003 Dear Mr. & Mrs. Breithbarth, The Butte County Planning Division has completed the initial study of potential environmental consequences anticipated in connection with the above-mentioned project, a copy of which is - enclosed. Please review the enclosed checklist, noting particularly any environmental problems which could be minimized or avoided by the care and manner in which the project is carried out. Also, please review any recommended mitigation measures. After reviewing the checklist, you may see ways to improve the project design. Design improvements to minimized problems are encouraged. If you note any errors or omissions in our evaluation, please bring them to'our attention. We request any comments to be made within 14 days of this letter. You will, be notified of the time and place of the public hearing for your project. If you have any questions regarding environmental review, please contact this office between the hours of 8:00 a.m. and 4:00 p.m. Sincerely, Stephen Hackney Associate Planner SH\tb encl. I � � FILE NO: UP 97-25 APPLICANT: Dawn & Gary Breitbarth, 213 village Cr.,BSacramento, CA 95838 NAME ADDRESS OWNER: William?Robinson, 46 ord Ranch Rd., Gridley, CA 95948 NAME ADDRESS REPRESENTATIVE: NAME ADDRESS REQUEST: U Se- Ae c'rn A- -Por` a --30 - d o4 AP# �25- 22c�-oo-3 SIZE: �b - 2 Fac SUPERVISORAL DISTRICT # EXISTING ZONING: A - S ZONING HISTORY: SURROUNDING ZONING: SURROUNDING LAND USE: SITE HISTORY: GENERAL PLAN DESIGNATION: n APPLICABLE REGULATIONS: kaeadinsheet COMMENT DISTRIBUTION LIST APPLICATION: Gary & Dawn Breitbarth UP 97-25 DATE: A ril 17, 1997 County Offices and Cities: Chief Administrative Officer 1{. Develop. Services Director /_ Public Works Director ✓_X_ Environmental Health _ Building Manager Sheriff _ BCAG _ ALUC y X_ LAFCo _ APCD _ Butte Co. Farm Bureau _ Biggs _ Gridley _ Chico Oroville Paradise Chico Airport Commission V/ X, Agricultural Conunission Irrigation District: Butte Water _ Bigp1W. Gridley Water _ Durham Irrigation OWID _ Paradise Irrigation _ Richvale Irrigation Table Mountain Irrigation _ Thermalito Irrigation _ Other Domestic Water Butte Water District _ California Water Service Co. _ Del Oro Water Co. _ OWID _ Thermalito Irrigation District _ Other Sewer Butte Water District _ Themalito Irrigation _ Sterling City Sewer Main _ _ Skansen Subdivision (CSA 21) _ L.O.A. PUD Fire Protection ,/X_ California Department of Forestry _ EI Medio Fire Protection District Recreation Districts Chico Area Recreation Durham Area Recreation _ Feather River Rec. & Park _ _ Paradise Recreation & Park Richvale Recreation & Parks Utilities PG&E North - Chico _ Chambers Cable TV _ Pacific Bell _ PG&E South - Oroville Viacom Cable TV State Agencies CalTrans (Traffic) Dept of Water Resources _ Dept of Fish and Game _ _ Forestry (Attn: Craig Carter) _ Dept of Parks and Rec. _ Highway Patrol Central Rep, Water Quality Cont _ Caltrans, Aeronautics Program Department of Conservation Off. of Mining Reclamation _ Off. of Governmental & Env. Relations _ Dept.Social Services, Comm.Care Licensing Federal Agencies US Forest Service _ US Bureau of Land Management _ US Fish & Wildlife Service Army Corps of Engineers Other Districts, Agencies, Committees, etc. Lime Saddle Dist _ Community Association _ Mosq. Abatement Oroville/Butte Co . _ _ Drainage _ Butte Env.l Council _ Paradise Pines Com Assoc. Reclamation _ Cal Native Plant Society _ _ Butte Co. Mining Committee _ Forest Ranch Community Assoc. _ Butte Ck. Watershed Conservancy_ School Districts A, li�cant• Assessor's Parcel T EFL°g # DATA SKEET A. Project Description 1. Type of Project: 2. Brief Description: 1 .Location;: o��d 8 4. . Proposed Density of Development: r' - 5. Amount of Impervious Surfacing : 6. Access and Nearest Public Road(s): 7.' Method of Sewage Disposal: 8. . Source of Water Supply: swJR I all QD 9. Proximity of Power Lines 10. Potential for further land divisi ns nd development: U -m , B. Environmental Setting Physical Environment: 1. Terrain a. General Topographic Character: b. Slopes: c. Elevation: d. Limiting Factors: 2. Soils a. b. Limiting Factors: 3. Natural Hazards of the Land . a. Earthquake Zone: b. Erosion Potential:_) c. Landslide Potential: 4. Hydrology �. * S^src ea t eT d. Fire Hazard:_jmtig". e. Expansive tioi 1 Po ,ential : eta -Sheet continued. v: 0 b. Ground Water: LA-,. 6. ,OA� - c. Drainage Characteristics: d. Annual Rainf all (normal) : 2 0 1- e. Limiting Factors: a�R. 5. Visual/Scenic Quality: a," 6. Acoustic Quality: 7. Air Quality: Biological Environment: �p 8. Vegetation: Qcx,,r� p' o!'iiti►.�% �h ��_��eh 9. Wildlife Habitat: -4MANL q � Cultural Environment: 10. Archaeological and Historical Resources in the area: 11. Butte County General Plan designation: 12. Existing Zoning: A. S� 13. Existing Land Use on-site: 14. Surrounding Area: a. Land Uses: b. Zoning: h� c. Gen. Plan designations: l9 FC 15. 16. 17. d. Parcel Size e. Population: Character of Site and Area: r k j jT Z�. �u , coww. Ift4- �+ Nearest Urban Area: flkwyt Relevant Spheres of Influence: ver_.... 18. Improvements Standards Urban Area: 19. Fire Protection Service: jq nn a. Nearest County (State) Fire Station:! �y - �w,�► P�c��VaX_. '1-% Availahi I itrv? 20. Schools in Area: 0 s BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Gary & Dawn Breitbarth, UP 97-25 DATE: April 28,1997 . CONTACT PERSON: Steve Hackney The Planning Division has received an application for development of the below described property. The application is being reviewed 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. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for a Use Permit for a 30 dog, dog kennel on property zoned A-5 ( Agricultural. 5 acre parcel _) located on 288 Watt Lane. approx. 3.400 ft. north of East Gridley Road, identified as APN 025-220-003. It is within Supervisorial District No. 4 . THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one)' _X_ PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON August 28, 1997. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN May 12, 1997. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): By: Date: k:\forms\comment.frm (Rev. 01-29-97 cbs) 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 APPLICANT: Gary & Dawn Breitbarth DATE: April 17, 1997 AGENT: APN: 025-220-003 FILE #: UP 97-25 PLANNER: PROJECT DESCRIPTION: Use permit for a 30 dog, dog kennel. PLEASE CONTACT THE BUILDING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS H. BUILDING PERMITS 1. Prior to building permit issuance for a new residential dwelling unit(s), the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees, shall include, but not be limited to: Park Fee, School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. 2. Prior to building permit issuance for a new commercial or industrial development, or addition to an existing development, the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees shall include, but not be limited to: School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. 1. EXISTING STRUCTURES 1. Comply with the Uniform Building Code for property line clearances considering use, area and fire -resistiveness of existing buildings. 2. Existing building(s) shall be made to comply with current Building and Zoning regulations for the intended new use of the building(s) or the existing building(s) shall be demolished. ■ Use Permit Standard Conditions - Butte County ■ 4 APPLICANT: Gary & Dawn Breitbarth AGENT: . DATE: April 17, 1997 APN: 025-220-003 FILE #: UP 97-25 PLANNER: PROJECT DESCRIPTION: Use permit for a 30 dog, dog, kennel. 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. T 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 ■ 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. I �71�1LL 1. During construction, should any archaeological artifacts be discovered, the Planning Division shall be notified immediately, and all work shall cease until a qualified archaeologist has examined the artifacts and the site and submitted his or her findings to the Planning Division, and recommended clearance to continue. Recommencement of construction shall be upon the approval of the Planning Division. Archaeological artifacts are defined as follows: _ 2. Prior to any clearing, grading and/or construction in a Federal or State identified 100 year floodplain and/or streambed the following entitlements must be obtained: a California Fish and Game 1604 Streambed Alteration permit and an Army, Corps 404 permit or exemption certificate. M. ADDITIONAL APPROVALS 1. Prior to the issuance of building permits payment of the North Oroville/Thermalito Traffic ' Impact Fees shall be made. 2. Prior to the issuance of a building permit for each new or additional living unit the applicant shall execute the Oroville Area Traffic Mitigation Fee Agreement and pay the established fee. _ 3. Prior to the issuance of the Use Permit, to insure the maintenance and continuance of the orchard or other agricultural use of the property, the property owner shall enter into the County approved Orchard Management Agreement. The agreement shall terminate in 10 years or upon a rezoning of the parcel/lot to a zone other than A-5 through A-160. The agreement shall be recorded and recording fees paid by the applicant. 4. Approval of this request shall not waive compliance with all sections of the Zoning Ordinance and all other applicable State and County laws and regulations in effect at the time of building permit application. ■ Use Permit Standard Conditions - Butte County ■ t 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 ■ 7 • • BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: "Public Works FROM: Butte County Planning Division RE: Request for Comments on a Development Application: -Gary & Dawn Breithbarth, UP 97-25 DATE: April 17,1997 CONTACT PERSON: Steve Hackney The Planning Division has received an application for development of the below described property. The application is being reviewed 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. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for a Use Permit for a 30 dog , dog kennel on property zoned A-5 (Agricultural, 5 acre parcel located at 288 Watt Lane. approx. 3,400 ft. north ofFiastGddley-Road, identified, as APN 025-220-003 It is within Supervisorial District No. 4 . .S7'%hj/�SO/✓ THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON August 28, 1997. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN May 5, 1997. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): A L✓Aorr 4-4wr , ea y% Non T!l x1-07- 2. f/oT 2. ISLb1 IG Gl/uit Kf�'cw/> lT70.t/! �' 04?Aa2L.e&W fi1�/�Ly By: �!/ Date: Division k:\forms\comment.frm (Rev. 01-29-97 cbs) MAy.06 199 ewim. Galdornia 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785.,-7•r 'AICI 1N3WdOl3A3CI aNY7 3.Une 30,11N= 1661LIddb a3nI333b �,. lb BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Gary & Dawn Breitbarth DATE: April 17, 1997 AGENT: APN: 025-220-003 FILE #: UP 97-25 PLANNER: PROJECT DESCRIPTION: Use permit for a 30 dog, dog kennel. Those items checked are conditions of approval. PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS A. STREETS 1. Prior to the issuance of building permits obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. 2. Prior to the issuance of building permits deed to Butte County, in fee simple, 70 feet of right-of-way from the centerline of W,+rr- Z.4 -Aly The— HUM U1 V11 iaters®ciiaas. 3. Prior to the issuance of building permits submit road and drainage improvement plans for the installation and construction of the street frontage improvements on to standard, including, but not limited to P.C.C. curb, gutter and sidewalk and the required street section for parcels with gross acreage of one acre or less. Construct or install the required improvements. 4. Prior to the issuance of building permits dedicate a one foot "no access strip" or relinquish abutters rights to Butte County, along the frontage of parcels , except at approved access points. B. DRAINAGE 1. Prior to the recordation of the issuance of building permits a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. 2. Prior to the issuance of building permits establish 100 year floodplain elevations and the lowest floor elevations for any structures. Show on the site plan map for building permits the elevations (by contours) and the location of an accepted NVGD benchmark and a temporary benchmark on-site. ■ Use Permit Standard Conditions - Butte County ■ C. LEGAL LOT STATUS 1, Prior to the issuance of the Use Permit, prove, to the satisfaction of the Director of Public Works, that the parcel of the subject application is a legal parcel. ■ Use Permit Standard Conditions - Butte County ■ 2 WO 1NINdonma aN1.1 MIN iGA1Nf10a. 1661 a3A1333a 10 BUTTE COUNTY Environmental Health DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION APR 17 -1997 TO: Environmental Health 7 County Center Drive FROM: Butte County Planning Division •Oroville, Ca RE: Request for Comments on a Development Application: Gary8 Dawn Breitlibatth; UP 97-25 _.DATE: April 17,1997 _ CONTACT PERSON: - -The Planning Division has received an application for development of the below described property. • The - application is being reviewed 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/dMsiotVagency regarding completeness of the application and/or . possible conditions of approval are requested. if a r'esponse cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for a Use Permit for a 30 don , dog kennel ori property zoned A-5 ( Agricultural. 5 acre arcel located at 288 Watt Lane, aoarox. 3.400 ft. north of East Gridley Road, identified as APN 025-220-003 It is within Supervisorial District No. 4 . THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) . _X PLANNING COMMISSION - DEVELOPMENT REVIEW COMMITTEE ON August 28, 1997. COMMENTS, IF ANY, ARE -REQUESTED BY NO LATER THAN May -5'1997.1 If no comments or "communications are nmceived by the above date, the assumption will be made that your agency has no comment. _..,_ �.....�. ......, _ , ,..� , .�.."_r.a..:..-__... „_....._ mak..-...�:,.,:.,,...,...,,...W�.._e,,................,-...,.,...,-.�.,......_....._..,,........_.. . COMMENTS (Attach additional pages if ecessary) / •YL e Cis 7`d / "._ t o -� ( a . ;.Zr / t ;p_Z/r ,r IV—ft, n J'4p,, ._,• N, _o �, y '•'=:r ,r, .,.,,�.�,�- �-a uta=. ,-�.. .- 7:`--c.,��... _. - - t -u-,-' %`a; (J '.JL' ::'g_«.7:«1 '-A a .r - k:\forms\comment.frm (Rev. 01-29-97 cbs) 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 i F ...�..... _..:, .- py:- Date: k:\forms\comment.frm (Rev. 01-29-97 cbs) 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 • BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: California Department of Forestry FROM: Butte County Planning Division _ RE: Request for Comments on a Development Application: Gary & Dawn.Breitbarth,'UP 97=25 DATE: April 28,1997 CONTACT PERSON: Steve Hackney The Planning Division has received an application for development of the below described property. The application is being reviewed 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. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for a Use Permit for a 30 dog, dog kennel on property zoned A-5 (Agricultural, 5 acre parcel _) located on 288 Watt Lane. approx. 3.400 ft. north. of East Gridley Road, identified as APN 025-220-003. It is within Supervisorial District No. 4 . THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON August 28, 1997. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN May 12, 1997. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): k:\forms\comment.frm (Rev. 01-29-97 cbs) s -3-S Planning Division M AY 0 61997 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 APPLICANT: Gary & Dawn Breitbarth DATE: April 17, 1997 AGENT: APN: 025-220-003 FILE #: UP 97-25 PLANNER: PROJECT DESCRIPTION: Use permit for a 30 dog, dog kennel. 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. 2. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. 3. Fire hydrant identification, reflector or post reflectors shall be installed acceptable to the County Fire Warden. 4. In lieu of a pressurized water system or water storage tank, payment of $200.00 per created parcel into the Battalion _ water tend fund, is required prior to the issuance of a building permit. 5. A pressurized community water system for fire protection is required. The specific locations and fire flow requirements shall be in accordance with the Fire Department specifications and to the satisfaction of the County Fire Warden. Average required hydrant spacing _ feet, hydrant size _ inches, and residual fire flow _ gpm. Submit plans to the Fire Department for review and approval prior to construction of facilities. 6. In lieu of hydrant installation, payment may be made into the hydrant fund at a cost of $1.72 per lineal foot of street frontage. The estimated fee amount is $ 7. Prior to recordation of the Map or application for a building permit, the applicant shall pay the then current fee for the West Chico Fire Station Fund. x8. 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 j:\up\cond.up ■ Use Permit Standard Conditions - Butte County ■ 8 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO:`L --7 FROM: Butte County Planning Division RE: Request for Comments on a Development Application: ;Gary&"Dawn.Brreitbarth,.UP 97-25 - DATE: April 28,1997 CONTACT PERSON: Steve Hackney The Planning Division has received an application for development of the below described property. The application is being reviewed 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. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for a Use Permit for a 30 dog, dog kennel on property zoned A-5 ( Agricultural. 5 acre parcel located on 288 Watt Lane, approx. 3.400 ft. north of East Gridley Road, identified as APN 025-220-003. It is within Supervisorial District No. 4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON Auqust 28, 1997. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN May 12, 1997. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional Daqes if necessarv): By: k:\forms\comment.frm (Rev. 01-29-97 cbs) �1a9b 7 Planning Division APR 2 9 1997 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 BUTTE COUNTY 1` DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Agricultural Commission FROM: Butte County Planning Division RE: Request for Comments on,a Development Application: Gary & Dawn Breitbarth, UP.97-25 DATE: April 28,1997 CONTACT PERSON: Steve Hackney The Planning Division has received an application for development of the below described property. The application is being reviewed for completeness and , if complete, for conditions of approval. If the application is determined to be complete within 30 days of its subm'dtal 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. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for a Use Permit for a 30 dom dog kennel on property zoned A-5 ( Agricultural, 5 acre parcel located on 288 Watt Lane, approx. 3,400 ft. north of East Gridley Road, identified as APN 025-220-003. It is within Supervisorial District No. 4 . THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON August 28, 1997. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN May 12, 1997. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): By: ��J l �,`'`z�� L' J�'z--� Date: J l3 at k:\forms\comment.frm (Rev. 01-29-97 cbs) Planning Division MAY 1 9 1997 Oroville, California 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 Things to Do Toga Date Urgent Com6leted ❑ 2 Q ❑ ❑ 3 s VJ ❑ ❑ s ❑ 9 (JIBa Notes APR 17 1997 Oroville, camorifla ❑ t ® Southwestern Bell Telephone From Date ® USA Airbill TNumbe 4957860736 Sender's NameA- 12A I^ Phone (9ltd Deptjnoor/Suite/Room Address c City SAC State Zip P, 9% ® Your Internal Billing Reference Information To Recipient's Nam`e�� IOvD-I- 1/ a Lt�� , ��S Phone( r y}}+11 c DepURoor/Suite/Room Company y��e Q�C 6�t -71-J Address 7 2%Z`vP ITo'HOLD' at FedEx �location, print FedEx address here) 7. 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', • In any event, we will not be liable for any damage, whether direct, incidental, special, or consequential in excess of the declared value of a shipment, whether or not Federal Express had knowledge that such damages might be incurred including but not limited to loss of income or profits. • We won't be liable: • — for your acts or omissions including but not limited to improper or insufficient packing, securing, marking, or addressing or those of the recipient or anyone else with an interest in the package — if you or the recipient violate any of the terms of an Agreement — for loss or damage to shipments of prohibited items — for loss, damege, or delay caused by events we cannot control, including but not limited to acts of God, perils of the air, weather conditions, acts of public enemies, war strikes, civil commotions, or acts of public authorities with actual or apparent authority. Declared Value Limits • The highest declared value allowed for FedEx Letter and FedEx Pak shipments is $500. • For other shipments, the highest declared value allowed is $50,000 unless your package contains items of "extraordinary value," in which case the highest declared value allowed is $500. • Items of "extraordinary value" include shipments containing such items as artwork, jewelry, furs, precious metals, nego- tiable instruments, and other items listed in our Service Guide. • You may send more than one package on this airbill and fill in the total declared value for all packages, not to exceed the $100,-( $500 or $50,000 per package limit described above. (Example: 5 packages can have a total declared value of up to $250,000.) In that case, our liability is limited to the actual value of the pack- ages) lost or damaged, but may not exceed the maximum allowable declared value(s) or the total declared value, which- ever is less. You are responsible for proving the actual loss or damage. Filing A Claim YOU MUST MAKE ALL CLAIMS IN WRITING and notify us of your claim within strict time limits set out in the current Service Guide. We'll consider your claim filed if you notify our Customer Service Department at 1.800•Go•FedEx and make your claim in If the recipient accepts your package without noting any damage on the delivery record, we will assume the package was delivered in good condition. For us to process your claim, you must make the original shipping cartons and packing available for inspection. ' Right To Inspect We may at our option open and inspect your packages before or after you give them to us to deliver. Right Of Rejection We reserve the right to reject a shipment when such shipment would be likely to cause delay or damage to other shipments, equipment, or personnel or if its shipment is prohibited by law; or if the shipment would violate any terms of our Agreement or our current Service Guide. C.O.D. Services C.O.D. SERVICE IS NOT AVAILABLE WITH THIS AIRBILL. If C.O.D. Service is required, please use a Federal Express C.O.D. airbill. Air Transportation Tax Included Our basic rate includes a federal tax required by Internal Revenue Code Section 4271 on the air transportation portion of this service. a Money -Back Guarantee In the event of untimely delivery, Federal Express will at your request and with some limitations, refund or credit all transportation charges. See current Service Guide for more information. % 1�_ Freight Services There are several freight service options, depending on your transit time needs. • FedEx Overnight Freight Next business -day service to all points in the 48 states; rates are uniform, regardless of distance shipped.• • FedEx 2Day Freight: Second business -day service to all points in the 48 states; rates are uniform, regardless of distance shipped. writing as soon as possible. • FedEx Express Saver Freight: Up to 3 business -day service Within 90 days after you notify us of your claim, yoq. mgsi sentl ; I ito all pointsOn the 48 states; rates are,based upon the us all the information you have about.i4 We aren't obli atetl to 1,t dlstance�shipped.• act on any claim until you have paid all transportation chiFg4, 1 1 J i' 1 and you may not deduct the amouni of ourclai from those 16 charges. ! ' � I !' c, t}i • PaN74195w1a7957 •aevs�sB y 11 I !1 = IL III it rill I. Int tf � ��' lli1t .l,il It. U l 11 1 .,, . . 0 ISSUED BY 616 - E KD L home a�XGO C) K( .5- N� ni- 01 79EAuG3Imwama IYi9tit"T"t' s 3 T. f t M1 :5E. PiLaB. a W. 25-122 `4 _ Cox - LANE s t O J a :+ " d! A i T S GRIDL EY 94 W - _ ----- -- QSR _ ] 8 6 1 •� A& - a -- AG 14 OW _ - 8CI lraoo r9 I ! Off! O fI � g 4 ' i A Faso.>v m c z/3 O 7 alfa T I tD �'d N i la t � 4 � ' n � Cl 9 t l 69319 ibYe W t ,+ a o e9 A 1 :Ji a i PWAW-• 7J � m v ..3 624 3$t9 O a � - �alc • gX.2� ' i sEATHIEft RIVER FRUIT 1 M.O.R. 8lt 7 PQL 84 2 Asse'saors Map Na.,?3 WATTS timaLEY .c(iLom`l 1 N. (L FLL IAL 7 Pe- 84 Ram Th— Pa.&. cm -my of 8ulte, CORE F eNi =:S= -7e: �.:�t.,yl VIATTS GWOLEY COLONY � 61.O.R. EX.7 pr,-57RF o• � q. VISEPic n APR 17 9997 . ®roviile, Cal�fiornia �1- 2,"V7 -Ijlyf" Planning Division APR i OWVjje, lip 4 u T.18 N. R. 3E.' M.D. B. a M. COX _479 13sa11 t e . 1320 78 i 3 2 1 y 20.24,44 I 660 o v + a s 0g" 81.05 Ac --------- � ----- -- � 9 N wA T l S GR/DL EY OCOL ONY NO. 3 sr 27 26 $ff; .34 35 1284 3424 ® 1320 33 ® IOAC. 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R. 8C. 7 PG. 34 WATTS GRIDLEYCO!.ONY 3 M.O.R. 9K.7 PG.57 S 17 ACS 65 40' 2657.01 2 .. 81 208.99Ac 6 9 174 4B 3010 82' i e.e4Ae A 11 11 �I 1 PM102-4 C - 33 oID FP- Hcif> P 25- 22 LANE 0 a 0 I� IS 01 /VVG./q ® 80 v AC. 330 10,4c 58b60 1330.23 1120 I toC 14 1 13 so 116 17 1 1• 60 ' Now --- 1326.41--- --�1 0_.j ---- 1 Z•1 ao I! 1 W 1 W O14 ----1324.00 - - - -- 140 --- � 5; SAG L2 2s 24. ~ Z 4:5 0i.& " 0 Is ®K 24 23 NOTE: These parcels are for assessment purposes only and may not constitute legal panels. Assessor's Map No. 25- 22 County of Butte, Calif. REV/SED: 1-94. 'Ulm 133T. •t 1320 78 i 3 2 1 y 20.24,44 I 660 + a s 81.05 Ac --------- � ----- -- � 9 tl 01 /VVG./q ® 80 v AC. 330 10,4c 58b60 1330.23 1120 I toC 14 1 13 so 116 17 1 1• 60 ' Now --- 1326.41--- --�1 0_.j ---- 1 Z•1 ao I! 1 W 1 W O14 ----1324.00 - - - -- 140 --- � 5; SAG L2 2s 24. ~ Z 4:5 0i.& " 0 Is ®K 24 23 NOTE: These parcels are for assessment purposes only and may not constitute legal panels. Assessor's Map No. 25- 22 County of Butte, Calif. REV/SED: 1-94. 'Ulm � �� , "' ,tit+ • •� rAa •feS .. ' -.tet .i=`.—w_,r'! •• ' ._� �.' t" L. s! -ki I lz I I I P,34 1 �i 1 7 i C 7 Fla.tj d %rw-a pprj OZ -6 6 a- L4 - f ic AT, - f Axl j �, C - 5 T:5�-Mgmol 5- D9 13 -A an R deps Lc: riT F/ Planning Division APR 17 1997 Omville, California L 1 7 i C 7 Fla.tj d %rw-a pprj OZ -6 6 a- L4 - f ic AT, - f Axl j �, C - 5 T:5�-Mgmol 5- D9 13 -A an R deps Lc: riT F/ Planning Division APR 17 1997 Omville, California L