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Home My WebLink AboutUP 97-22r USE PERMIT BUTTE COUNTY PLANNING COMMISSION JUL 2 9 1997 DATE: (Certified Mail Rec.) UP 97-22 PERMIT NO. 041-150-042 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Myron Openshaw and Michele Weaver are hereby granted a Use Permit in accordance with application filed: February 24, 1997, to allow a veterinary clinic in U (Unclassified) and SH (Scenic Highway) zones, identified as APN 041-150-042. 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. 24-62. 2.. Unless otherwise provided for in a special condition to this use permit, all conditions must be completed prior to or concurrently with that establishment of that granted use. That use granted by this permit must be established within 24 months of the delivery of the countersigned permit to the Permittee. 3. Minor changes. may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee, Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature snail require a formal application for -amendment. 4. If any use for which a use permit has been granted is not established within two years of the 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. 5. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. 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 design of the proposed project improvements will not cause environmental damage to fish of wildlife or their habitat; and C. 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 the County of Butte; and Section 2: Zoning Ordinance and Williamson Act Findings. A. The proposed use will not impair the integrity and character of the zone in which the land lies, and that the use would not be unreasonably incompatible with, or injurious to, surrounding property, or be detrimental to the health and general welfare of the persons residing or working in the neighborhood, or to the general health, safety, and welfare of the residents of the County because: The loss of grazing land due to the proposed use will not significant impact the grazing potential of the property; and, 2. The additional vehicle traffic generated by the veterinary clinic will not result in significant impacts to vehicle movements on Clark Road; and 3. The veterinary clinic will be located outside of the Scenic Highway zone and landscaping will be required; and, B. The proposed project is conditionally consistent with the Unclassified Zone and is a Secondary Use (agricultural support services) under the Grazing & Open Land General PIan. des ignation; and, C. The proposed use is an agricultural support service providing necessary veterinary services not available elsewhere in the County and is a consistent use with Butte County's Williamson Act program and the Land Conservation Agreement on the subject property; Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this report, move to approve the Use Permit for Myron Openshaw and Michele Weaver on APN 041-150-042 to allow a veterinary clinic. Approval shall be subject to the following conditions: B. Conditions of Approval: . 1. Retain the group of eleven (11) oak trees located next to the proposed veterinary clinic as shown on the site map: (MM) 2. Prior to the commencement of grading and/or construction activity, the group of eleven (11) oak trees located next to the proposed veterinary clinic as shown on the site map 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. (MM) 3. All outside lighting shall utilize cut-off shielding so that no direct illumination will leave the project site. (MM) 4. During construction, should any archaeological artifacts be discovered, the Butte County 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 notoccur without Planning Division approval. (MM) 5. . The veterinary clinic and all accessory buildings shall not be placed in the Scenic Highway zone. 6 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.. 7. 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. 8. 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. 9. All landscaped areas shall be maintained in a healthy and thriving . condition, free from weeds, trash, and. debris, during the term of this permit. 10. 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. 11.. 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. 12. Prior to the issuance of building permits a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall 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. 13. Prior to issuance of building permits, meet Caltrans requirements for access to State Route 191 (Clark Road) and obtain all required Caltrans permits. 14'. Install a sewage disposal system under permit and inspection from the Environmental Health Division. 15. Applicant must also 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 co ditions. Dated- A.- AT'7 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 Div., Building Div., Health Dept., Department of Forestry �fTJ Myron Openshaw and Michele Weaver - proposed Negative Declaration regarding . —=-- - environmental impacts and Use Permit to allow a small and large animal veterinary clinic, including an animal husbandry business, on property zoned "U" (Unclassified) and S -H (Scenic Highway) located on the west side of Clark Road, approximately 700 feet north of Highway 70, identified as AP 041-150-042, Butte College area. (SB) (UP97-22) (Continued open from June 26, 1997) Mr. Sanders said the meeting was continued to meet publishing time lines. Mr. Betts noted that a letter was received from Cal Trans stating that Condition ##1 was not necessary. Mr. Betts suggested this condition be deleted. The hearing was opened to the public. Mr. Openshaw informed the Commission that there would be another well drilled to service the veterinary facility. He agreed with the conditions. Chairman Lam bert=discussed-deleting ConditionsY1&renumbering �the:.remainingconditions - -- while retaining Condition 15. . The hearing was closed. It was moved by Commission Mooney, seconded by Commissioner -Cage, - and unanimously carried for approval 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 design of the -proposed- project improvements_ will not cause environmental damage to fish of wildlife or their habitat; and S ' r BUTTE COUNTY PLANNING COMMISSION MINUTES - July 10. 1997 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. (MM) 3. All outside lighting shall utilize cut-off shielding so that no direct illumination will leave the project site. (MM) 4. During construction, should any archaeological artifacts be discovered, the Butte County 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 not occur without Planning Division approval. (MM) V 5. The veterinary clinic and all accessory buildings shall not be placed in the Scenic Highway zone. 6. 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. 7. 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. 8. 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. 9. All landscaped areas shall be maintained in a healthy and, thriving condition, free from weeds, trash, and debris, during the term of this permit. 10. 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. BUTTE COUNTY PLANNING COMMISSION MINUTES - July 10, 1997 C. 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 the County of Butte; and Section 2:. Zoning Ordinance and Williamson Act Findings. A. The proposed use will not impair the integrity and character of the zone in which the land lies, and that the use would'not be unreasonably incompatible with, or injurious to, surrounding property, or be detrimental to the health and general welfare of the persons residing or working in the neighborhood, or to the general health, safety, and welfare of the residents of the County because: r 1. The loss of grazing land due to the proposed use will not significant impact the grazing potential of the property; and, 2. The additional vehicle traffic generated by the veterinary clinic will not result in significant impacts to vehicle movements on Clark Road; and 3. The veterinary clinic will be located outside of the Scenic Highway zone and landscaping will be required; and, B. The proposed project is conditionally consistent with the Unclassified Zone and is a Secondary Use (agricultural support services) under the Grazing & Open Land General Plan designation; and, C. The proposed use is an agricultural support service providing necessary veterinary services not available elsewhere in the County and is a consistent use with Butte County's Williamson Act program and the Land Conservation Agreement on the subject property; Section 3: Action. A. Subject to the findings indicated in.Sections 1 and 2 of this report, move to approve the Use Permit for Myron Openshaw and Michele Weaver on APN 041-150-042 to allow a veterinary clinic. Approval shall be subject to the following conditions: B. Conditions of Approval: 1. Retain the group of eleven (11) oak trees located next to the proposed veterinary clinic as shown on the site map. (MM) 2. Prior to -the -commencement of grading and/or construction activity; the group of eleven (11) oak trees located next to the, proposed veterinary clinic as shown on the site map shall be fully protected BUTTE, COUNTY.PLANNING COMMISSION:MINUTES Julv 10. 1997 11. 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. 12. Prior to the issuance of building permits a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall 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. 13. Prior to issuance of building permits, meet Caltrans requirements for access to State Route 191 (Clark Road) and obtain ' all required Caltrans permits. 14. Install a sewage disposal system under permit and inspection from the Environmental Health Division. 1-5: Applicant must also comply with all other applicable State and local statutes, ordinances and regulations. BUTTE COUNTY PLANNING COMMISSION MINUTES - July 10. 1997 0 Myron Openshaw and Michele Weaver - proposed Negative Declaration regarding environmentalimpacts and Use Permit -to allow a small and large animal veterinary clinic, including an animal husbandry business, on property zoned "U" (Unclassified) and S -H (Scenic Highway) located on the west side of Clark Road, approximately 700 feet north of Highway 70, identified as AP 041-150-042, Butte College area. (SB) (UP97-22) Commissioner Mooney stepped down from participating in this hearing due to a conflict. A video of the site was shown. Mr. Betts gave a brief summary of the project. Chairman Lambert noted an additional petition submitted this morning in favor of this project and a letter in favor from Terri Van Wambeke. Mr. Sanders explained that the hearing was published in error regarding the environmental determination. He said the hearing was re -published and must be continued to July 10, 1997, to meet the legal requirements of the publication. He said the Land Conservation Act Committee found the clinic to be compatible with the Land Conservation Act Contract. He said the Committee also felt the clinic should be able to treat small animals along with the large animals. He discussed eliminating Condition 6. The hearing was opened to the public. Myron Openshaw said -they plan to put in a building that fits with the surrounding area. He said it will be a full service surgical facility. There will be no boarding facilities, only a place for some animals to be kept over night because of surgery. He said Caltrans has waived Condition 1 and he asked that it be deleted. He said he wants to use natural landscaping. He is not going to bring in plants foreign to the area. Commissioner Leland agreed natural would be preferable. Mr. Sanders said Condition -1 could be deleted by keeping in Condition 15. Michele Weaver, D.V.M., said they are asking for a small and large animal surgery facility. They want the flexibility to work on all of the client's animals. She said they are planning a 20 year facility and beyond. Craig Brown, D.V.M., said this facility is needed in the County. Clayton Gunn said he is in favor of the project. He said this is an appropriate place for the facility. Carol Albrecht said she was in favor of the permit. She said there are 3 large 4H clubs near this site. She said4he facility would support-ag:. Curt Albrecht said the facility is a good idea and this is the best site. BUTTE COUNTY PLANNING COMMISSION MINUTES - July 26, 1997 f. Nick Pompermayer, Paradise, said he raises Llamas and is in favor of the project. Karen Vilatore said, she has a large horse ranch and is in favor of this facility. Commissioner Leland suggested a.Motion of Intent to approve this project. Chairman Lambert agreed with letting the applicants know the intent was to approve the project, but she wanted to continue the hearing open in case there is new information. Mr. Sanders said a Motion of Intent would limit the discussion at the next meeting. -It was .moved by Commissioner .Leland, seconded, by Commissioner .Nelson,, -and, unanimously carried to continue this hearing open to July 10, 1997, at 9:00 a.m. BUTTE COUNTY PLANNING COMMISSION MINUTES - July 26,1997 AGENDA REPORT 0, TO: Honorable Chair and Planning Commission FROM: Department of Development Services, Planning Division DATE: May 20, 1997 REQUEST: Use Permit 97-22 for Myron Openshaw & Michele Weaver: A Use Permit request to allow a small and large animal veterinary clinic, including an animal husbandry business, on property zoned "U" (Unclassified) and S -H -(Scenic Highway) zones, identified as APN 041-150-042, located on the west side of Clark Rd., approximately 700 ft. north of Highway 70. The project site is located in Supervisorial District 4. RELATED ITEMS: None FOR: Planning Commission Meeting of June 26, 1997 SUMMARY: Staff recommends this project be continued to allow the Board of Supervisors time to consider the compatibility of the proposed use with the Land Conservation Agreement applicable to the property. PROJECT CHARACTERISTICS: This project is a Use Permit request to allow a veterinary clinic for small and large animals, including an animal husbandry business. The project parcel is located on the west and east sides of Clark Rd. (State Highway 191), approximately 700 ft. north of Highway 70. The project parcel is 318 acres in size, and is zoned "U" (Unclassified) and S -H (Scenic Highway). The Land Use- Element Map of the Butte County General Plan designates the project site as Grazing/Open Land. ' The Scenic Highway zone extends 350 ft. from centerline of Clark Rd. Surrounding parcels are zoned Unclassified, Scenic Highway, and C-2 (General Commercial) and have a General Plan Designation of Grazing/Open Land as shown on the vicinity map attached. Surrounding parcels range in size from 4.25 to 635 acres. Land use of surrounding parcels is livestock grazing and rural residential. The Field of Dreams is located approximately .3 mile north of the project site. The project site is used for livestock grazing, and, has been developed with a barn, corrals, fences, and a well. A Land Conservation Agreement affects the property, which requires a minimum parcel size of 160 acres. Most of the project site is open grassland, with scattered oak trees. A group of 11 oaks is located adjacent to the proposed veterinary clinic. The applicant has stated that this stand of oak trees will remain. A small seasonal drainage is located next to the site of the veterinary clinic. ■ Butte County Department of Development Services ■ Planning Division ■ The veterinary clinic will use approximately 3 acres of the project site, including the area needed for parking. This amounts to less than 1 % of the 318 acre parcel. The veterinary clinic/animal husbandry business will be located in a 2,400 sq. ft. building. A 1,440 sq. ft. barn will be built to hold large animals. The proposed veterinary clinic building will be of a western architectural design. The applicants intend to place landscaping between Clark Road and the parking lot. The veterinary clinic will employ approximately six people, with the potential for more employees in future years. The clinic is expected to be open Monday through Saturday, 9:00 am to 6:00 p.m. Emergency services will be available 24 hour a day. The applicants estimate that they will see approximately 15 to 20 clients each day. The clinic will not accept animals for boarding. The applicants have two ambulatory trucks that will provide veterinary services off of the project site. There will be two veterinarians, and the applicants have stated that one will be working out of the ambulatory truck while the other veterinarian is working at the clinic. ANALYSIS:. The proposed veterinary clinic will result in a significant change in the existing land use on a very small portion of the project parcel. The proposed veterinary clinic will take up less than 1% (3 acres) of the 318 acre parcel_ The loss of this acreage will not have a significant impact to the grazing use on the project site. The change in land use will not result in a significant impact to the area. All new structures associated with this project will be located outside of the Scenic Highway zone. The applicants have stated that there is only one large animal veterinary in Butte County and that this veterinary has a very limited practice. This lack of large animal veterinaries in the county has resulted in a vital need for more large animal veterinaries. Large animals, such as livestock or horses, must currently be taken to Live Oak, Cottonwood, or Davis for care. It is very difficult, time consuming, and costly to have to transport large animals to a veterinary, especially if it is many miles away, as is the case now in Butte County. The proposed veterinary clinic will allow ranchers and farmers in Butte County better access to veterinary services for their large animals. Consistency with the General Plan, Zoning, and Land Conservation Agreement The project site is zoned Unclassified. Under the Unclassified zoning ordinance, small animal hospitals and commercial uses are allowed with a use permit. The proposed veterinary use is conditionally consistent with the Unclassified zoning. The Grazing/Open Land General Plan designation lists agricultural support services as a secondary use. This Use Permit is for a large and small animal veterinary clinic, which will also provide animal husbandry services. The large animal veterinary aspect of the proposed veterinary clinic can be considered to be an agricultural support service because it will provide care for large farm animals, such as livestock, and as such be consistent with the General Plan. However, the small animal aspect of the veterinary clinic is not an agricultural support service because it will provide care for household pets, such as cats and dogs. The applicants are not exactly sure how much of the clinic business will ■ Butte County Department of Development Services ■ Planning Division ■ 2 consist of caring for small animals, but a rough estimate they gave could be anywhere from 20% to 50%. The small animal aspect of the veterinary clinic is not consistent with the General Plan. The property is also subject to a Land Conservation Agreement (LCA), also known as the Williamson Act. The agreement requires a minimum parcel size of 160 acres. This project will not result in a parcel split or cancellation of the LCA on the property. The project will result in the conversion of approximately 3 acres from grazing to a non-agricultural use. The Williamson Act was established to: preserve a maximum amount of agricultural land in California, maintain the agricultural economy, assure a continued food supply, and to discourage the unnecessary conversion of agricultural land to urban uses. Land under contract is subject to use limitations contained in the contract. These uses are listed on attached exhibit "B". Veterinary offices are not listed as an allowed use. The Board of Supervisors has the ability to amend the permitted uses subject to a public hearing. Unless the Board takes an action to find that veterinary clinics are compatible with agriculture and Williamson Act Contracts, this project cannot be approved by the Commission. The process to obtain that interpretation from the Board has already been initiated. The Williamson Act Committee will be addressing this question on June 17, 1997. If a recommendation can be formulated, the Board should be able to hear this matter at its' July 8th hearing. Vehicle Impacts The applicants estimate that approximately 15 to 20 clients will be seen on an average.day. Combined with the estimated vehicle trips generated by employees of the clinic (12 vehicle trips), this could result in approximately 52 vehicle trips per day (26 in, 26 out). The current level of service on this portion of Clark Road is B (Butte County Master Environmental Assessment, July 12, 1996), which indicates that vehicle traffic is flowing relatively unimpeded. The legal speed limit on this section of Clark Road is 55 MPH. The increase in vehicle traffic generated by the veterinary clinic will not significantly impact the current level of service on Clark Road. There is good sight vision of Clark Road in both directions from the project site, so vehicles turning onto Clark Road from the project site have a good view of approaching traffic. Traffic turning left on . Clark Road into the clinic may temporarily impede north bound traffic on Clark Road as they slow or stop to make the turn. Many of the vehicles may be pulling large trailers, which may further slow their turning movements and restrict the visibility of the drivers in other cars. A mitigation of this project will require that the applicant provide an 8 ft. wide shoulder on the opposite side of all driveways serving the project site. This will enable vehicles to legally and safely pass to the right of vehicles waiting to make a left turn on to the project site. Archaeological Impacts The project site is located in an area that has a moderately high archaeological sensitivity. There is a slight chance that 'a significant archaeological resource may be uncovered during development activities on the project site. Due to this potential, a mitigation of this project requires that if any historic or prehistoric artifacts are discovered during development activities, ■ Butte County Department of Development Services ■ Planning Division ■ 3 r all construction shall be stopped and the County Planning Division and a qualified archaeologist be notified. Oak Tree Habitat/Aesthetic Impacts There is a group of 11 large oak trees that is located next to where the proposed veterinary clinic will be located. In order to preserve this stand of oaks, several mitigations have been proposed. The first mitigation requires that this stand of oaks remains standing.' The second mitigation requires that a root protection zone be established around the oaks in order to prevent damage during construction activities. The project parcel is located within a Scenic Highway (SH) zone. As proposed by the applicant, the veterinary clinic and the accessory barn will not be located within the SH zone. A condition of this project will prevent the veterinary clinic and any accessory structures from being placed in the SH zone. The parking lot for the clinic will be located in the SH zone, but the applicant intends to landscape the area between the parking lot and Clark Road. A condition of this project will require that this area be landscaped. A landscaping plan will be required to be submitted to and approved by the Planning Division prior to issuance of building permits. The proposed veterinary clinic is proposed to be of a western architectural design. This type of architectural design will fit in better with the surrounding area than would an ordinary commercial structure. Other Agency Concerns r - The Butte County Fire Department has requested that all new structures on the project site 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. The Fire Department is also requesting that building identification and/or addresses be installed in conformance with PRC 4290. Sewage disposal for the clinic will be handled by an on-site septic tank/leach field system. Domestic water will be obtained from an on-site well. The Butte County Environmental Health Division has stated that there is ample area and soil for a sewage disposal systems and that wells will supply ample water. The Environmental Health Division is requesting that the applicant install a sewage disposal system under permit and inspection from the Environmental Health Division. Wastes from the animals seen at the veterinary clinic will be,disposed of at the Neil Road Landfill. The Butte County Department of Public Works is requesting that the applicant meet the requirements of Caltrans for access to Highway 191 (Clark Road) and that a plan for a permanent solution for drainage be submitted to and approved by the Department of Public Works prior to issuance of the Use Permit. ■ Butte County Department of Development Services ■ Planning Division. ■ 4 The California Department of Transportation (Caltrans) is requesting that the applicant submit preliminary plans of the driveways and obtain encroachment permits for any driveways connecting to State Route 191 (Clark Road). The driveways should be perpendicular to State Route 191, and should be constructed as a standard commercial approach with 25 ft. radii, a minimum 30 ft. throat width, 4 inches asphalt concrete, and 6 inches aggregate base. Hydrology and hydraulic calculations will also be required with the encroachment permit application. A condition of the project requires that the applicant meet all the requirement of Caltrans prior to issuance of the Use Permit. 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 a review of the Initial Study, staff has determined that the project impacts can be fully mitigated with the addition of mitigation measures added as conditions of approval for the project. PUBLIC NOTICE AND COMMENTS: This application requires that a public hearing be advertised and held. Advertisement of the public hearing was published in a local newspaper and were mailed to all property owners within a 300 foot radius of the subject property. RECOMMENDATION: Staff recommends that the Planning Commission continue this hearing until the Board of Supervisors has the opportunity to consider the compatibility of the proposed use with the County's Williamson Act program. If the Board finds the use compatible with the Williamson Act, approval is recommended subject to the findings and conditions contained in "A„ Attachments: A: Vicinity Map B: Site Plan C. Building Elevation D. Exhibit "B" Uses Permitted K:\PROJECTS\UPCkOPENSHAW.UP\OPENSHAW-.RPT ■ Butte County Department of Development Services ■ Planning Division ■ F1 EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP 97-22 PERMIT NO. 041-150-042 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of. Butte and the special conditions set forth below: Myron Openshaw and Michele Weaver are hereby granted a Use Permit in accordance with application filed: February 24, 1997, to allow a veterinary clinic in U (Unclassified) and SH (Scenic Highway) zones, identified as APN 041-150-042. 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. 24-62. 2. Unless otherwise provided for in a special condition to this use permit, all conditions must be completed prior to or concurrently with that establishment of that granted use. That use granted by this permit must be established within 24 months of the delivery of the countersigned permit to the Permittee. 3. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee, Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 4. If any use for which a use permit has been granted is not established within two years of the 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. 5.- The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. ■ Butte County Department of Development Services ■ Planning Division ■ n FINDINGS: Section 1: Environmental Findings. A. An Initial Study was completed in compliance with the California Environmental Quality Act identifying potentially significant environmental effects that the project may have. Provisions and the design of the project and the conditions added to the project will mitigate such effects to a level of insignificance; and B. The design of the proposed project improvements will not cause environmental damage to fish of wildlife or their habitat; and C. 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 the County of Butte; and Section 2: Zoning Ordinance and Williamson Act Findings. A. The proposed use will not impair the integrity and character of the zone in which the land lies, and that the use would not be unreasonably incompatible with, or injurious to, surrounding property, or be detrimental to the health and general welfare of the persons residing or working in the neighborhood, or to the general health, safety, and welfare of the residents of the County because: The loss of grazing land due to the proposed use will not significant impact the grazing potential of the property; and, 2. The additional vehicle traffic generated by the veterinary clinic will not result in significant impacts to vehicle movements on Clark Road; and 3. The veterinary clinic will be located outside of the Scenic Highway zone and landscaping will be required; and, B. The proposed project is conditionally consistent with the Unclassified Zone and is a Secondary Use (agricultural support services) under the Grazing & Open Land General Plan designation; and, C. The proposed use is an agricultural support service providing necessary veterinary services not available elsewhere in the County and is a consistent use with Butte County's Williamson Act program and the Land Conservation Agreement on the subject property; Section 3: Action. ■ Butte County Department of Development Services ■ Planning Division ■ '►I A. Subject to the findings indicated in Sections 1 and 2 of this report, move to approve the Use Permit for Myron Openshaw and Michele Weaver on APN 041- 150-042 to allow a veterinary clinic. Approval shall be subject to the following conditions: B. Conditions of Approval: Prior to commencement of any activity on-site, install an 8' wide paved shoulder on the opposite side of the highway from all road approaches on the. project site to allow vehicles to legally pass vehicles making a left turn. Construction shall be pursuant to Cal Trans standards. (MM) 2. Retain the group of eleven (11) oak trees located next to the proposed veterinary clinic as shown on the site map. (MM) 3. Prior to the commencement of grading and/or construction activity, the group of eleven (11) oak trees located next to the proposed veterinary clinic as shown on the site map 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. (MM) 4. All outside lighting shall utilize cut-off shielding so that no direct illumination will leave the project site. (MM) 5. During construction, should any archaeological artifacts be discovered, the Butte County 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 not occur without Planning Division approval. (MM) 6. Veterinary services provided by the veterinary clinic shall be limited to agriculturally -related animals only. 7. The veterinary clinic and all accessory buildings shall not be placed in the Scenic Highway zone. 8. 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. ■ Butte County Department of Development Services ■ Planning Division ■ 8 Plans to be reviewed and approved by the Planning Division prior to construction. 9. 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.. 10. A detailed landscape and irrigation plan consistent with the project site plan yshall be submitted to, and approved by, the Planning -Division prior to the 'issuance of building permits. 11. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris, during the term of this permit. 12. 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. 13. 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: 14. Prior to the issuance of building permits a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall 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. 15. Prior to issuance of building permits, meet Caltrans requirements for access to State Route 191 (Clark Road) and obtain all required Caltrans permits. ` 16. Install a sewage disposal system under permit and inspection from the -.Environmental Health'Division. v 17. Applicant must also comply with all other applicable State and local statutes, ordinances and regulations. ■ Butte County Department of Development Services ■ Planning Division ■ 9 r 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 ■ Butte County Department of Development Services ■ Planning Division ■ 10 . 11 2 3 b 5 6 7� 8 9. 10 11 12 II 13 i 15 i 16 17 18 19 20 21 22 23 -5 26 2. 3• 4. .5. U 7. 0 • ;:'E%33IBIT `�"B PERMITTED USES Single family dwelling as provided in C-1, C-2 or C-3 above, provided, however, that variances may be recommended by the committee i to the Board of Supervisors in cases of hardship. i General farming, horticulture, commercial livestock, commercial poultry production, warehousing and storage. Accessory buildings and uses pertinent to'the permitted uses including agricultural processing plants. Housing facilities (including trailers) to accormcdate only agricultural employees and their families employed by the owner or operator -of the premises and provided further that such housing facilities shall be considered accessory to th^ main building. A stand or a display for sale of agricultural commodities produced on the premises. Sales of products produced off tha premises provided that the sale of such products is incidental and secondary to the sales of agricultural products produced on the premises. Compatible uses: a. The:.drilling for hydrocarbon, including the installation and 'use of such equipment, structures and facilities as are necessary or convenient. b. Public utility and public services, including structures, uses and buildings. c. Airport or aircraft landing facilities. d. Farm labor camps. e. Any other use determined to be a compatible use in all agricultural preserves by the Board of Supervisors after public hearing on tan (10) days published notice and such other notice if any as they may specify. And after, such use be deemed a compatible use in any agricultural preserve. I Other uses: j I a. Sand and graval operation subject to the securingof a use permit i I approved by tho Count-. ' b. nines, mineral extr3Cl•..t013, and quarries in.Agricultural Preserve c I Number 7, 8 and 9. ~ C0 M. . ►tom r� L Vicinity M yzol- Project L tion I r _ UP 97-22 APN 041-150-042. OPENSHAWIWEAVER A-160 Location u ------------ r A-160 C-2 u a A-160 u ,s BUTTE COUNTY PLANNING COMMISSION Applicant: Myron Openshaw/Michele Weaver Owner: G & M Ranches % Myron Openshaw Hearing Date: 6 ab -979 '��►.�, Existing Zone: S -H & U (Unclassified) A 1 Request: Use Permit to allow a Veterinary Clinic. No Scale Assessor Parcel No: 041-150-042 File: 97-22 f PROJECT NAME Myron Openshaw & ldichele Weavpr S CH # AP # 041=150-042 FILE # IIP 97-22 30 Day Review Period Ends SCH Review Period Ends OUTGOING.ACTIVITY Date Agency/Person I I _ - I DEPARTMPNT OF DEVELOPMIAT SERVICES BUTTE COUNTY UNIFORM APPLICATION APPLICANT: Agent mtotmation to be provtaea is on otner siae: APPLICANT'S NAME ( If applicant is different from owner an affidavit is required) ASSESSOR'S PARCEL NUMBER: Myron Openshaw & Michele Weaver n41 -19n -n4? ADDRESS: - - ADDRESS: CITY, STATE & ZIP CODE: FILE NUMBER: (FOR OFFICE USE) 2132 Table Mountain Blvd., Oroville, CA 95965 up q-7-rQ52 NAME OF PROPOSED PROJECT ( If any ) TELEPHONE Look Ahead Veterinary Services (916)533-1907 LOCATION OF PROJECT ( Major cross streets and Address, if any ) West Side Hwy 191, 700 feet north of HWY 70 GENERAL INFORMATION REQUIRED OWNER'S NAME GENERAL PLAN AMENDMENT TELEPHONE 1 G & M Ranches %Myron Openshaw (916)533-1907 ADDRESS: CITY, STATE & ZIP CODE: 2132 Table Mountain Blvd., Oroville, CA 95965 ZONE GENERAL PLAN EXISTING LAND USE TSITE SIZE (in Square Feet or Acres ) U & SH G. & O.L. razin /ranchin 318 ac. EXISTING STRUCTURES ( in Square Feet) ADMINISTRATIVE PERMIT PROPOSED STRUCTURES ( in Square Feet ) Barn and corrals DEVELOPMENT AGREEMENT clinic 2400 s.f. & barn 1440 s.f. (Check One) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER gk PROPERTY IS OR PROPOSED TO BE ON SEPTIC PXPROPERTY IS OR PROPOSED TO BE ON WELL WATER APPLICATION REQUESTED ❑ GENERAL PLAN AMENDMENT ❑ TENTATIVE SUBDIVISION MAP ❑ REZONE ❑ TENTATIVE PARCEL MAP Z; USE PERMIT ❑ WAIVER OF PARCEL MAP ❑ MINOR USE PERMIT ❑ BOUNDARY LME MODIFICATION ❑ VARIANCE ❑ LEGAL LOT DETERMINATION ❑ MINOR VARIANCE ❑ CERTIFICATE OF MERGER ❑ ADMINISTRATIVE PERMIT ❑ MINING AND RECLAMATION PLAN ❑ DEVELOPMENT AGREEMENT ❑ O?TEMM PROJECT DESCRIPTION ' ' ' FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. If this application is for a land division . describe the number and size of parcels.) see attached eftinning. W15101 2419.97 utornla OWNER CERTIFICATION I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF'1'HE AI3UVE DESCRIBED PROPER -I'1'. FURTHER, I ACKNOWLEDGE THE FILING OF T10 APPLICATION AND CERTIFYT—A. L OF THE__A4 INFURMAi'lON IS TRUt AND ACCURATE. (If an agent is to be authorized, execute an atiidavit of authori=z&Li � d in clu the atTda s pp cauun. ) DATE: 2. f' 'R 7 SIGNATURE:/ AGENT AUTHORIZATION To Butte County, Department of Development Services; MicYiadl G:.Evans, 1 Nice Place, Oroville, CA 95966 (916) 589-5198 Princ Name ofAgent and Phone Numbs MmIng Address is hereby authorized to process this application for Look Ahead_ Veterinary Services on my property, identified as Butte County Assessors Parcel Number 041-150-042 This authorization allows representation for all applications, hearings, appeals, etc. and to sign all documents necessary for said processing, but not including document (s) relating to record title interest. Owner(s) of Record: (sign and print name) G & M Ranches by: Myron Openshaw Architect and/or Engineer. Print ,,fame or.lrcWucuTn&ccr and PSoae Number Mailing Address FOR OFFICE USE ONLY Print Name signature undetermined Verify: O l It. d0 Date received: I Z 2 Total amount received: AP Number(s) _NLN Legal Description ✓ Owners Authorization ✓ Zoning requirements ✓ Project Description Copies of plot plan Taken by S6 Receipt No. 5"1' 15 E.H.1ZS•oo LD 1�0o" Plan rl_ 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 as of Make check payable to "Butte County Treasurer". COUNTY OF BUTTE ENVIRONMENTAL INFORMATION FORM (To be Completed By Project Applicant) Date Filed z�Z` 12,1 General Information: �— Michele 1. Name and address of owner, and/or developer, and/or project sponsor: Myron Openshaw/ Weaver 2.132 Table Mountain Blvd., Oroville, CA 95965 2. Address of project: West side HWY 191, 200 feet north of O'Neal Rd. Assessor's Parcel Number: 041-150-042 3. Name, address, and telephone number of person to be contacted concerning this project: Michael G. Evans, 1 Nice Place, Oroville, CA 95966 589-5198 Myron Openshaw, 2132 Table Mountain Blvd., Oroville 533-1907 4. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: Cal -Trans for encroachment permit, B.C. Health for septic, water 5. Existing general plan designation: Grazing and Open Land 6. Existing zoning district: unciassitled and Scenic Hignway 7. How island currently used? G & M Ranches grazing operation with existing barn and corrals 8. Proposed use of site (Project for which this form is filed): T.nr-lk AheadyPt er inar r l i n i C and Openshaw animal husbandry business (same building) Project Description: 9. Site size: 318 acres +- total, 2-3 acres for clinic site (Acres/Sq.Feet) 10. Off-street parking spaces: Full size: Compact: Total: 11. Plans attached Yes X No _ Site Plan, Prelim. floor plan & Elevation, Prelim. grading/parking/utility plan 12. Proposed development schedule spring 1997 for construction 13. Associated projects none 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. Planning Division . ❑ Butte County Department of Development Services ❑ Planning Division FEB 2 4 1997 Orovuoe, California 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. 19. If the project involves a variance, conditional use, rezoning application, or any development permits, state this and indicat6 clearly why the application is required. If permits have already been issued, please attach as Exhibit Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary). YES NO 20. Change in existing features of any hills, buttes, canyons or substantial alteration of ground contours. _ X 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. _ X 24. Change in dust, ash, smoke, fumes or odors in vicinity. _ -X- 25. Change in bay, lake, river, stream or ground water quality X or quantity, or alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. _ X 27. Site on filled land or on slopes of 10 percent or more. _ X 28. Use of, or disposal of potentially hazardous materials, such as toxic substances, flammable or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, etc. including special districts). _- 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). _ -X- 31. 31. Relationship to a larger project or series of projects. _ Planning Division J FEB 2 4 9997 Urovoie, Calltomta. ❑ Butte County Department of Development Services ❑ Planning Division ❑ 2 Environmental Setting: (Attach brief description) 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. SEE ATTACF[ED 33. Describe the surrounding properties, including ncluding 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. SEE ATTACHED Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date K:\FORMS\SUBMITTAL\ENV-INFO Planning DiviSlon FEB 2 4 1997 UrOVllle, Caiitornta 0 Butte County Department of Development Services 0 Planning Division 0 3 Look Ahead Veterinary Services APN 041-150-042 PROJECT SUMMARY The project is an application for a Use Permit to construct and operate a veterinary clinic. The property is approx. 318 acres located on the west side of Clark Road (State Highway 191), across from and immediately north of the intersection with O'Neal Road's southerly terminus. A barn, corrals, a well and an electrical service front the highway at two existing, unpaved encroachments. These improvements have been in use by the G & M Ranches for many years. The parcel is fenced along the highway frontage and has several cross fences and gates to contain the cattle grazing the property.„ High voltage electrical lines cross the southwest corner. The property is zoned Unclassified and Scenic Highway along the Clark Road frontage. A Land Conservation Agreement affects the property, a copy of which is included in this application. The General Plan designation is Grazing and Open Land. No land division or cancellation of the LCA is intended with this project. The land is relatively level with a.-Ismall::.seasonal drainage running through the property from east to west lying in the area between the existing barn and the proposed clinic site. Paving of the southerly encroachment to Cal -Trans requirements will be a condition of this project. A new gate will be installed at the existing fence line Just south of the barn. The driveway will then proceed southwesterly across a new culvert to the area adjacent to the 11 existing Valley Oak trees. These trees are to remain. Some grading to drain to the swale will be required, approx. 100 cubic yards, to accomodate the pt6posed�parking and access drive. Parking will be adequate to accomodate trucks with trailers being able to unload large animals adjacent to the clinic and barn and exit or park without backing. The specific design to be approved when the construction documents are prepared. The proposed clinic building floor plan and elevations are depicted on sheet two of the Site Plan. Please refer to sheet 1 for the proposed locations of facilities. Pictures of the site are also attached. LAVS, Project Summary Pg. 2 The Butte County Health Dept. has reviewed soil test pits on the site and has indicated approval for the installation of a standard leach field system for the clinic. A new well will be installed to provide adequate potable water. These installations will be under permit issued by the Health Dept. Electricity and telephone services will have to be extended approx. 300 feet to service the clinic. A barn is also proposed adjacent to the clinic for:temporary animal storage. The clinic is situated outside of the Scenic Highway zoning area, however consideration has been given to the appearance of the project from the highway. A western architectural design style for the buildings, with retention of the existing Oaks should keep the character of the project similar to the surrounding grazing and residential uses andl:vistas. Please see the letter from LAVS, February 20, 1997 for more specifics of the clinic operations and proposals. The surrounding properties are generally larger parcels with scattered residences and open/grazing land. Commercially zoned property is at the O'Neal intersection to Highway 70, approx. 700 feet to the south. The fol^lowing:,parcels and the current ownership information is for the parcels within 300 feet of the proposed clinic. APN Name & address 041-150-033 Lyndia Campbell, 1391 Clark Rd., Oroville, CA 95965 041-150-034 Sebsto Trust, 2058 w 181st St., Torrance, CA 90504 041-150-040 Bob Adolf, 1454 O'Neal Rd., Oroville, CA 95965 041-150-005 Iry Leen, 1506 O'Neal Rd., Oroville, CA 95965 041-150-041 Clay Gunni"Jr., P.O. Box 3412, Chico, CA 95927 The last name on the list is the owner of the Field of Dreams project located northeast of the clinic site. A Use permit was issued for this project within the last two years.-i_'.-:.The..Countyfiles for this application may contain valuable background information appurtenant to this application. No unusual environmental, historical • LAVS, Summary Pa - or scenic aspects are known to affect this property. PROPOSED MITIGATIONS: 1) Access onto Highway 191 to be approved by Cal -Trans. 2) Existing Valley Oak trees adjacent to clinic site to remain. 3) Construction of septic and well improvements to be under permit issued by Butte County Health Dept. 4) Provide parking spaces as per zoning code requirements. 5) No hazardous materials permitted without County approval. 6) Medicines to be secured in locked storage.room. 7) Signage to meet zoning code requirements. ADDITIONAL INFORMATION: Construction proposed for spring/summer 1997. Property located in Supervisorial District 4. Planning Division FEB 241997 urovuve, Calitornia i Ocel Map Guarantee Fidelity National Title Insurance Company Guarantee Number of California 296-01775 A Stock Company PARCEL MAP GUARANTEE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITYAND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY OF CALIFORNIA, a corporation, herein called the Company GUARANTEES the Assured against loss, not exceeding $1, 000.00, which the Assured shall sus- tain by reason of any incorrectness in the assurance which the Company hereby gives that, ac- cording to the public records, on the date stated in Schedule A. The title to the herein described estate or interest was vested in the vestee named, subject to the matters shown as Exceptions herein, which Exceptions are not necessarily shown in the order of their priority; and 2. Had said Parcel Map been recorded in the office of the County Recorder of said county, such map would be sufficient for use as a primary reference in legal de-. scriptions of the parcels within its boundaries. IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY OF CALIFORNIA has caused this Guarantee to be signed and sealed as of the date of policy shown in Schedule A, the Guarantee to become valid when countersigned by an authorized signatory. Countersigned: i v oml r/ "nn Authorized Signature Fidelity National Title Insurance Company of California -�. By - President Attest � �. hx Secretary Planning Division Form T-296 FEB 2 4 1991 Parcel Map Guarantee orovitte, Calitornta • SCHEDULE A • Order No. 58360 ' Guarantee No.: 296-01775 Liability: $1000.00 Effective Date: DECEMBER 16, 1996 Fee $100.00 Assured: MIKE EVANS The County of BUTTE and any city within which the land i.s located. .The . estate or ..interest ..in the... -land- hereinafter . described . or referred to covered by .this. Guarantee is: A FEE Title to said estate or interest at the date hereof is vested in: G & M RANCHES, A CORPORATION The land included within the boundaries of the parcel map hereinbefore referred to in this Guarantee is in the County of BUTTE, State of California and is described as follows: PARCEL A: THE SOUTH HALF OF THE SOUTHWEST QUARTER; THENCE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER ; AND ALL THAT PORTION OF THE NORTH HALF OF SECTION 10, TOWNSHIP 20 NORTH, RANGE 3 EAST, M.D.B.&M., LYING WESTERLY AND SOUTHERLY OF THE CLARK ROAD, AS THE SAME EXISTED JUNE 18, 1943. EXCEPTING THEREFROM THAT PORTION CONTAINED IN THAT CERTAIN DEED FROM G AND M RANCHES, A CORPORATION, TO THE COUNTY OF BUTTE, DATED FEBRUARY 7, 1963 AND RECORDED MARCH 14, 1963 IN BOOK 1232 OF OFFICIAL RECORDS, AT PAGE 668, RECORDS OF BUTTE COUNTY, CALIFORNIA. PARCEL B: ALL THAT PORTION OF THE FOLLOWING DESCRIBED PARCEL LYING WITHIN SECTION 10, TOWNSHIP 20 NORTH, RANGE 3 EAST, M.D.B.&M., DESCRIBED AS FOLLOWS: BEING A STRIP OF LAND 60 FEET WIDE, 30 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE, ALSO BEING A PORTION OF SECTIONS 3 AND 10 OF T20NR3E M.D.B, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT'ON'THE CENTERLINE -OF THE "OLD CLARK ROAD", NOW KNOW AS GERALD CIRCLE, SAID .POINT ..ALSO":BE`ING -4.0 .FEET :LEFT OF .ENGINEERS CENTERLINE STATION 65+52, OF THE EXISTING CLARK ROAD AS SHOWN ON THAT CERTAIN RIGHT OF WAY MAP E-614 ON FILE IN THE OFFICE OF THE BUTTE COUNTY DEPARTMENT OF PUBLIC WORKS; THENCE IN A NORTH WESTERLY DIRECTION ALONG THE SAID CENTERLINE OF "OLD CLARK ROAD" APPROXIMATELY 3,000 FEET TO A POINT 40 FEET LEFT OF ENGINEERS CENTERLINE STATION 91+80 OF SAID RIGHT OF WAY MAP E-614 AND THE END OF SAID CENTERLINE. PARCEL C: • ALL THAT PORTION OF THE NORTHWEST 1/4 AND THE NORTHEAST 1/4 OF SAID SECTION 10 LYING EASTERLY OF OLD CLARK ROAD, AS THE SAME EXISTED JANUARY 27, 1949 (NOW KNOWN AS GERALD O'NEAL ROAD), AND WESTERLY OF THE WESTERLY LINE OF CLARK ROAD AS DESCRIBED IN A DEED FROM EARL H. PARKER ET UX, TO THE COUNTY OF BUTTE, RECORDED FEBRUARY 25, 1963 IN BOOK 1229 OFFICIAL RECORDS AT PAGE 264, BUTTE COUNTY RECORDER'S OFFICE. PARCEL A,B,&C, ARE THE RESULT OF A BOUNDARY LINE MODIFICATION APPROVED BY THE COUNTY OF BUTTE, ON NOVEMBER 18, 1991 AND CANNOT BE SOLD SEPARATELY. EXCEPTIONS: 1. ••P.roperty ...taxes, including -any .personal ::property *taxes and any assessments collected with taxes, for the fiscal year 1996 - 1997, Assessor's Parcel Number 041 150 042 000. Code Area: 1st Installment: 2nd Installment: Land: Improvements: Exemption: Personal Property: 110 000 $220.64, PAID $220.64 due February 1, 1997, delinquent April 10, 1997 $34321.00 $9295.00 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (Commencing with Section 75) of the Revenue and Taxation Code of the State of California. 3. Easement (s) for the purpose (s) shown below and rights incidental thereto as granted in a document; Granted to: THE SPRING VALLEY CANAL AND MINING COMPANY, A CORPORATION ET AL Purpose: PUBLIC UTILITIES Recorded: MAY 19, 1924, Book 206 OF DEEDS, Page 466 of Official Records 4. Easement (s) for the purpose (s) shown below and rights incidental thereto as granted in a document; Granted to: UNITED STATES OF AMERICA UNITED STATES DEPT. OF INTERIOR BUREAU OF RECLAMATION CENTRAL VALLEY PROJECT, -CALIFORNIA Purpose: :PUBL;IC' UTILITIES Recorded: JANUARY 13, 1944, Book 319, Page 453 of Official Records S. ! A lease with cetin terms, covenants, con*- ions and provisions set forth therein. Lessor: GERALD OPENSHAW Lessee: PYRAMID GAS Recorded: MAY 18, 1961, Book 1116, Page 366 of Official Records ASSIGNMENT OF LEASE RECORDED MAY 18, 1961, IN BOOK 1116, PAGE 374, OFFICIAL RECORDS OF BUTTE COUNTY. THE EFFECT OF THE QUIT CLAIM DEED FROM SAN JUAN EXPLORATION COMPANY, INC. TO PYRAMID GAS AND OIL COMPANY RECORDED NOVEMBER 18, 1964 IN BOOK 1346, AT PAGE 116. 6. Covenants and restrictions imposed by a Land Conservation Contract- executed ontractexecuted pursuant to Section 51200 et seq. California Government Code. - Dated: FEBRUARY 27, 1974 Executed by: G AND M. RANCHES AND GERALD OPENSHAW Recorded: FEBRUARY 28, 1974, Book 1892, Page 416 of Official Records AMENDMENT OF SAID AGREEMENT RECORDED JANUARY 27, 1984, IN BOOK 2905, AT PAGE 499, OFFICIAL RECORDS OF BUTTE COUNTY. AMENDMENT OF SAID AGREEMENT RECORDED MARCH 25, 1992,UNDER RECORDER'S SERIAL NO. 92-12776, OF BUTTE COUNTY OFFICIAL RECORDS. 7. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: PACIFIC BELL Purpose: PUBLIC UTILITIES Recorded: JUNE 21, 1988, UNDER RECORDER'S SERIAL NO. 88- 19978, OF BUTTE COUNTY OFFICIAL RECORDS. 8. Easement (s) for the purpose (s) shown below and rights incidental thereto as reserved in a document; Purpose: PUBLIC UTILITIES Recorded: OCTOBER 7, 1991, UNDER RECORDER'S SERIAL NO. 91- 41643, OF BUTTE COUNTY OFFICIAL RECORDS. NOTES FOR INFORMATION: THE LAND HEREIN WAS CREATED BY DEED RECORDED MARCH 27, 1992, UNDER RECORDER'S SERIAL NO. 92-13322, OF BUTTE COUNTY OFFICIAL RECORDS, VESTED BY DEEDS RECORDED DECEMBER 13, 1962 IN BOOK 1216, PAGE 467 AND MARCH 27, 1992, UNDER RECORDER'S SERIAL NO. 92-13322, OF BUTTE COUNTY OFFICIAL RECORDS. Form T-960 Guarantee Schedule A Planning Division FEB Z 4 1997 uroviire, California 1 • I,1. ,. , LAND CONSER9A911 AGREMENT Agriculiur.! ^�mmi"sionr,'; OFfic4 l CU'.:: CouwrY 1 fI THIS AGRF.EfTNT, made and entered into this day of 2 9 7 5Z by and between _ G and M. RANCHES I 3 _ rrLRAi-n nycUSuela,—PROSIn]iNT 4II hereinafter referred to as "Owner", and the County of Butte, a political $ ! subdivision of the State of California, hereinafter referred to as "County" 6 W I T N E S S E T H I i 7 s; WHEREAS, Owner possesses certain real property hereinafter described 8 9 10 11 12 16 ;I �a l 19 20 I i; 21 22 I! 23 'i i 24 iI ii 25 i located within County; and WHEREAS, said property is devoted to agricultural uses; and WHEREAS, said property is located within the AGRICULTURAL PRESERVE NO. _ heretofore established by County; and WHEREAS, both Owner and County desire to limit the use of said Property to agricultural, related and compatible uses in order to preserve a maximum amount of agricultural land, to conserve the Staters economic resources, to maintain the agricultural economy, and to assure a food supply for future residents, to discourage premature and un- necessary conversion of agricultural.land to urban uses, recognizing that such land has public value as open space and constitutes an important physical, social, esthetic, and economic asset to the County; and WHEREAS, the placem3nt of said property in an agricultural preserve and the execution and approval of this Agreement is a determination that the highest and best use of said property during the term of this Agrenment or any renewal thereof is for agricultural uses; NU4, T1iEREFORE, both Owrer and County in consideration of the mutual promises, covenants and conditions herein cortainod and the substantial n,ibli.o bnnefit.s to U� derived therefrom, do hereby agree a; f cllcr ;. 20M OFFICIAL RF!;OR�JS C0'Pi;Y•CIMF D Dy r'E8 2 12 RM 1974 I -VIII -V KLUI:NDFi cf:u,rr f'FCilf(D£R 50:4 EE FES _,,,e. d 4 • it I Oil 'I FIRST: This Agreement is made and entered into pursuant.to the I; 1 I •California Land Conservation Act of 1965 (Chapter 7 of Part 1 of Division 2 i:l of Title 5 of the Government. Code of California commencing with Sec - 3 I'tion 51200) including Article 3.5 of said Act entitled t'Agreements". 4 li SECOND: During the term of this Agreement, or any renewal thereof, 5 (:the said property shall not be used for any purpose other than agricultural 6 I'?uses for producing agricultural commodities for commercial purposes, uses I 7 ;related to such purposes and uses compatible for such purposes, which user a Aare set forth in Exhibit "A" attached hereto and incorporated herein by :I 9 10 J:reference. : THIRD: The Board of Supervisors of County may from time to time and !during the term of the Agreement or any extensions thereof, by resolution 'add to those compatible uzes authorized in the resolution establishing !the preserve within which the land is located; provided, however, said 14 I Board shall not eliminate, without the writter consent of Owner, a compatible I• 15 use during the term of this Agreement or any renewals thereof. The provisions 16 I:.of this Agreement and any resolution supplementing the uses listed in 17 la 19 20 21 22 23 2:. �5 ?6 (;Exhibit "A" is not intended to limit or suporcode the planning and zoning ;powers of the County, FOURTH: In the event an action is established in eminent domain for condemnation of all or a portion of subject property for a public or quasi. -public use as permitted under Section 51290 of,the California i ;Government Code, the terms of this Agreemsnt shall be null and void as of the date the acti.ori is filed; this Agreement shall remain in full force Viand effect as to the rens rider of subject p c;:rty not so taken, unless such ronmining land would no longer be eligible for Agreewnt under Sectio: 5:212 0: the California Govornmant Cede, -2.- C" CD j..i ra s M� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ,4 25 26 =n7 ::8 '9 30 31 32 FIFTH: This Agreement shall be effective as of the day and year first above written and shall remain in effect for a period of ten (10) years therefrom. This Agreement shall be automatically renewed on the first day I of January of each year for a period of ton (10) years from the date of said renewal, unless notice of non renewal is given as provided in Section 51245 of the Government Code of California. SIXTH: The Owner understands that he is not entitled to any public funds by reason of the execution of this Agreement or any renewal thereof although the use thereof is limited as aforesaid. SEVENTH: Cancellation of this Agreement may only be affected pursuant to the provisions of Government Code Sections 51280 through 51286, except as otherwise provided herein; provided, however, that the consent of the Director of Agriculture of the State of California as provided for in Govern- ment Code Sections 51.282 and 51283 need not be obtained. EIGHTH: The Owner agrees that he, his successors and assigns shall not divide by sale or gift the property which is the subject of this Agreement into a parcel under separate ownership having; less than 6 t) acres. NINTH: This Agreement shall run with the land described herein and shall be binding upon the hoirs, successors and assipis of the Owner and County. TENTH: In the event of forced sale of lands subject hereto for the settlement of a.tax lion, this Agruement is null and void as to such land actually sold for that purpose. No penalty as provided for in Paragraph Seven (7) shall be chargod for a cancellation under this paragraph. ELEVENTH: This Agroarent shall be cancelled without payments or I public hearing if it is replaced by any othor cnforceabl.o restriction authorized by Article XXOIII of the California Constitution or whenever there is no operative Ingislation i.mplonx)nting said Article with respect to assessmont practices. .3- TWETFPH: The property of the Owner hereinabove referred to and to 1 which the provisions of this Agreew/3nt apply is situated in the 2 County of Butte, State of California and is particularly described 3 as follows: 3cc 3pl Order No. 94739 D E S C R I P T I O N All that certain real property situate in the County of Butte, State of Calif- ornia, described as follows: PARCEL 1: • All that portion of the South half of the Northwest quarter; and the Southwest quarter of Section 3, Township 20 North, Range 3 East, M.D.B: & M., lying South and West of the Oroville-Magalia Road, known as the Clark Road, as the same ex- isted June 18, 1943. EXCEPTING THEREFROM that portion -conveyed in the Deed from G and M Ranches, a corporation, to the County of Butte, dated February 7, 1963 and recorded March 14, 1963 in Book 1232 of Official Records, at page 671, records of Butte County, Cal- ifornia. PARCEL 2: 4 The East half of Lot 1 of the Northeast quarter, being the Southeast quarter of the Northeast quarter; the Southeast quarter; and the East half of the Southwest quarter of Section 4, Township 20 North, Range 3 East, M.D.B. b M. PARCEL 3: The East half; the Southeast quarter of the Northwest quarter; the Northeast quarter of the Southwest quarter; and the South half of the Southwest quarter of Section 5, Township 20 North, Range 3 East, M.D.B. & M. PARCEL 4: All that portion of the Northeast quarter of the Northeast quarter of Section 7, Township 20 North, Range 3 East, M.D.B. b M., lying Northerly and Easterly of the State Highway, formerly known as the Oroville-Chico County Road, as the same ex- isted June 18, 1943. PARCEL 5:' All that portion of Section 8, Township 20 North, Range 3 East, M.D.B. b M., lying Northerly and Easterly of the State Highway, formerly known as the Oroville- Chico County Road, as the same existed June 18, 1943. PARCEL 6: The North half; the.Northwest quarter of the Southeast quarter; and all that por- tion of the Southwest quarter of Section 9, Township 20 North, Range 3.East, M.D. B. S M., lying Northerly and Easterly of the State Highway, formerly known as the Oroville-Chico County Road, as the same existed June 18, 1943. PARCEL 7: The South half of the Southwest quarter; the Northwest quarter of the Southwest quarter; and all that portion of the North half of Section 10, Township 20 North, Range 3 East, M.D.B. 6 M., lying Westerly and Southerly of the Clark Road, as the same existed June 18, 1943., , EXCEPTING THEREFROM all that portion lying Easterly of.the Westetly line of the land conveyed in the Deed from Gland M Ranches, a corporation, to the County of (continued) N Or C: N -n m orb • Order No. 94739 3cc 3pl DESCRIPTION -continued continuation of Parcel 7 • Butte, dated February 7, 1963 and recorded March 14, 1963 in Book 1232 of Offic- ial Records, at page 668, records of Butte County, California. PARCEL 8: The West half; the Southwest quarter of the Southeast quarter; the South half of the South half of the Northwest quarter of the Northeast quarter; the Southwest quarter of the Northeast quarter; the North half of the Northwest quarter of the Southeast quarter; all that portion West of Oroville-Pentz County Road, as the same existed in 1922 in the South half of the South half of the Northeast quarter of the Northeast quarter, and in the Southeast quarter of the Northeast quarter and in the North half of the Northeast quarter of the South- east quarter, all in Section 15, Township 20 North, Range 3 East, M.D.B. & M. EXCEPTING THEREFROM a parcel described as follows: Beginning at the West quarter corner of said Section 15, running thence North 0° 19' 40" West along the West boundary line of said Section 15, 4.0 feet to a point in the Southwest boundary of the County Road, traversing said Section 15; thence South 33° 22' 20" East along said Southwest boundary line, 75 feet; thence South 34° 47' 20" West 71.1 feet to a point in the West boundary line of said Section 15; thence North 0° 19' 40" West along the West boundary line of said Section 15, to the point of beginning.. ALSO EXCEPTING THEREFROM a parcel containing 0.32 acres more or less, described in deed from Naomi Inman to County of Butte, recorded December 12, 1930 in Book 217 of Deeds, page 457, records of Butte County, California. ALSO EXCEPTING THEREFROM a 60 foot strip as described in deed from R. W. Campbell et al to County of Butte, recorded Apri1"13,1920 in Book "184" of Deeds, page 386, records of Butte County, California. ALSO EXCEPTING THEREFROM, a portion of Section 15, Township 20 North, Range 3 East M.D.B. & M., described as follows: Beginning at the intersection of the South line of said Section 15 with the West line of Clark Road; from which point the Southeast corner of said Section bears South 870 37' East,'1358.56 feet distant; thence North 87° 37' West 117.71 feet along said South line; thence leave said Section line, along a non -tangent curve concave to the Southwest having a radius of 250.0 feet, through a central angle of 37° 21' 29" for a distance of 163.01 feet (the long chord bears North 67° 13' 48" West 160.14 feet); thence North 40° 42' 11" West 46.15 feet; thence North 11° 54' 16" East 88.08 feet; thence South 86° 07' East, 289.15 feet to a -point in said West line of Clark Road; thence South 3° 53' West 168.86 feet to the point of beginning. ALSO EXCEPTING THEREFROM all that portion of Section 15, Township 20 North, Range 3 East, M.D.M. conveyed in Deed from Gerald V. Openshaw and Phyllis M. Openshaw husband and wife to the State of California, dated June 24, 1958 and recorded December 3, 1958 in Book "968" of Official Records, page 524, records of Butte County, California. (continued) Order No. 94739 3cc 3pl DESCRIPTION - Continued continuation of Parcel 8 ALSO EXCEPTING THEREFROM all that portion of said Section 15, lying Easterly of the Easterly boundary of the land conveyed in the deed to the State of California, dated June 24, 1958 and recorded December 3, 1958 in Book 968 of Official Records, at page 524, records of Butte County, California. ALSO EXCEPTING THEREFROM all that portion of said Section 15, conveyed in the Deed from Gerald Openshaw to the State of California, dated October 3, 1961 and recorded May 23, 1962 in Book 1181 of Official Records, at page 672, records of Butte County, California. PARCEL The Southeast quarter of the Northeast quarter of Section 21,'Township 20 North, Range 3 East, M.D.B. b M. PARCEL 10: All that portion of the North half of Section 22, Township 20 North, Range 3 East, M.D.B. b M., lying Westerly of the West line of the State Highway Route 87, as the same existed September 16, 1964. EXCEPTING THEREFROM the following two (2). parcels of land: (a) Commencing at a stake at the southwest corner of Section 14, said Township and Range; thence South 560 30' West 1575.0 feet to an iron pipe in a fence line on the Westside of the Oroville-Chico State Highway for the true point of beginning; thence from said true point of beginning, South 59° 19' West, 751.0 feet to an iron pipe; thence South 64° 40' East 673.0 feet to an iron pipe; thence North 581 22' East.142.5 feet to an iron pipe; thence North 301 17' East 229.8- feet 29.8feet to an iron pipe in the fence line on the Westerly .side of the Oroville-Chico Highway; thence North 301 17' East 38.0 feet to the centerline of said State Highway; thence along said centerline North 25° 04' West, 427.6 feet; thence South 590 19' West, 43 feet more or less, to the point of beginning. (b) Commencing at a point in the southwesterly boundary line.of the Oroville-Chico Highway from which point the Northeast corner of said Section 22 bears North 240 23' East a distance of'1936.09 feet; thence South 32° 42' East along the Southwesterly boundary line of said Highway, a distance of 567.76 feet; thence South 580 07' West a distance of 20 feet; thence South 311 53' East a distance of 445.88 feet to the East and West center line of said Section 22; thence leaving said boundary*of said llighway South.691'�251. West -along the East and West center line of said Section 22, a distance of 1075.3 feet; thence North 90 53' West a distance of 468.0 feet; thence North 560 32' East, a distance of 755.90 feet to the point of beginning. ALSO EXCEPTING THEREFROM all that portion lying Northeasterly of the following described line: Beginning at a point, distant South 19°51'24" West, 2349.93 feet from the North- east corner of said Section 22, said point also being 119.40 feet Westerly, mea moo; sured at right angles from the "B2" line at Engineer's Station "B2" 312+83.32 of the Department of Public Works' 1956 Survey from Oroville to Jarbo Gap, Road III - But -21-B; thence from a tangent that bears North 35°11'33" West, along a curve Q to the left, with a radius of 1435.0 feet, through an angle of 18°00'44", an arc length of 451.12 feet; thence North 53°12'17" West, 455.26 feet; thence along a curve to the right with a radius of 1500.0 feet, through an angle of 63°20'46", > an arc length of 1658.40 feet to a point that is 80.0 feet Westerly, measured at right angles from the "B3" line, at Engineer's Station "B3" 337+00.00 of the aforesaid Survey. M. 3cc 3p1 -. Order No. 94739 DESCRIPTION - Continued PARCEL 11: The North 641.0 feet of Section 4, Township 19 North; Range 3 East, M.D.B. & M. EXCEPTING THEREFROM any portion within the boundaries of the West half of the West half of said Section 4. PARCEL 12: The East half; the East half of the Southwest quarter; the East half of the Northwest quarter; and the Northwest quarter of the Northwest quarter of Section 13, Township 20 North, Range 3 East, M.D.B. & M. 1 2 3 b 5 6 7 8 0 10 11 12 13 lb 15 16 17 18 19 20 21 22 23 ?L, 25 26 '7 28 ,9 -o 't2 • IN WITNESS ''vUREOF, The Owner and County have executed this. Agreement the day and year.first above written. COUNTY OF UTTER �] � '� BY0.62��[/C ti hairman of the Bo of Supervisors ATTEST: Clark Nelson, County Clerk and Ex Officio Clerk of the Board of Supervisors by �a Deputy Clerk 41 "aV N Or. rX EXHIBIT "A" PE -*ED 'USES 1. Single family dwelling as provided. in 0-1, C-2 or C-3 above, j 1 provided, however, that variances may be recommended by the committee I 2 to the Board of Supervisors in cases of hardship. 3 2. General farming, horticulture, commercial livestock, commercial poultry 4 ( production,.warehousing and storage. 5 3. Accessory buildings and uses pertinent to the permitted uses including 6 agricultural processing plants. 71 4. Housing facilities (including trailers) to accommodate only agricultural 8 employees and thsir families employed by the owner or operator of the 9, premises and provided further that such housing facilities shall be !I 10 considered accessory to th,3 main building. 11 'S. A stand or a display for sale of agricultural commodities produced on 12 II the premises. Sales of products produced off the premises provided 13 I that the sale of such products is incidental and secondary to'the I I ! iu I sales of agricultural products produced on the premises. I 16. Compatible uses.- ses:16 i15 16 I a. The -"drilling for hydrocarbon, including the installation and 'use of 17 such equipment, structures and facilities as are necessary or 1 18 convenient.. 19 I b. Public utility and public services, including structures, uses 20 and buildings. 21 I c. Airport or aircraft landing facilities. 22 d. Farm labor camps. 23 e. Any other use determined to be a compatible use in all agricultural preserves by the. Board of Supervisors after public haaring on ten =5 I (10) days Published notice and such other notice if any as they may 26 specify. And after, such use be deemed a compatible use in any agricultural. preserve. I; 7. Other uses: 1 ?li a. Sand and gravol operation subject to the securing of a use permit j Iapproved by tno Count-. 1 I b. nines, mineral extraction, and quarries in Agricultural Preserve ! o `:c 12Numbor li 7, 8 and 9. I F-� 00 I I M.. •II • 1 2, 3 4 5 6 7 •8 9 10 11 12 �3 STATE OF CALIFORNIA ) ss. County of Butte ) On this -�7 �dny o c X0-41 19, before me &A"i o X14. °" C -c , tNotary Public in and for the said County State, residing therein, duly commissioned and miorn,personally appeared �I L-zL.:c�r�.. , Imorm to me to be the Chairman of the Board of Supervisors of the County of Butte, that executed the within Agreement and acknoidedged to me that said County of Butte did execute the same. IN WIT14ESS I1.MEOF, I have hereunto set my hand and affixed my official seal the day and year in this Certificate first written above. ORICIAL SEAL ' MARY K. Der lUNCISCO • m I+ NOTARY PUBLIC - CAUFORNIA } ` • PRIW:IPAL OTI'ICE III SURE COUNTY p ly�•'J.y(•.//(� V 4%;. My C.o.:m�:vm G14— JL IS, 191E h101AR 'Vil,.'IC in and for said County and State i STATE OF CALIFORNIA, 1 ss. County of Butte } ON Trus 30th day of July A. D.,19 -a, before me, Barbara M Grits® a Notary Public in and for said County and State, personally appeared Geral _ known to me to be the tOpenshaw_ �resf en ■nunuuuunuuunnnnnutwnlnlltlnnnitll� of the G f M RanchesIneorperated BARBARA All GRIMM 1 the Corporation that executed the within Instrument, known to me to be the behalf NOTAIt1' I`IJNIAC — c.�l.lronNln a person who executed the within Instrument, on of the Corporation, therein 1'IEIT:CII',\L. IN 11 BU'1'1'b: COU:a 1 y named, and acknowledged to me that such Corporation executed the same. — My Commlttlon hpliel Soptembar 9, 1977 YIIIIIIIIIIIIIIIIIIIt1111111111111111ULI111OIIIIIIIIIII� IN WrrNrm WHEREOF, I' have hereunto set my hand and affixed my official ficial seal the day'and year in this certificate first above U.Jitten. Notary Public in and for said County and State. THe UTILITY Line Form No.77. ACKNOWLEDGMENT—CORPORATION ' . ii V"ul VLLV ..V✓ LAI.- J- - VLLl.V VVA VLALVLIVV -.JY PVVLV r.A iVUVIIC I ::5 �6 My Commission lycpires: NOTARY PUBLIC in and for said County raid St.ato i• ONO OF DOCUMENT 1 C. 1 s rn m NOT Appul Ll - C3 L4 )-1("O - lou) -I's C) DGtl-)- C ---- - -- o iO3-c- GU ti3O &U ---- ID `-11-) too --- - - - - ► - - i 6H1L10- 0 —' -- IDLI 1- EEAJ ---- — - Z'2- 10 0 G g `©3 -- • ___ _ - i� _ - � �+. 1 f EL: 041 150 034 000 STATUS: ACTIVE SESTO TRUST SESTO FRANK & ELEANOR TRUSTEES 2058 W 181ST ST TORRANCE CA 90504 EL: 041 150 041 000 STATUS: ACTIVE GUNN CLAY E JR P 0 BOX 3412 CHICO CA 95927 EL: 041 190 014 000 STATUS: ACTIVE ROCHA ANNA C ETAL TC ROCHA MANUEL C & MARY C JT 292828984 BOX 65 GRIDLEY CA 95948 EL: 041 150 040 000 STATUS: ACTIVE ADOLF BOB 1454 ONEAL RD OROVILLE CA 95965 EL: 041 160 019 000 STATUS: ACTIVE CROSBY ROBERT A 8002 HIGHWAY 70 OROVILLE CA 95965 EL: 041 150 005 000 STATUS: ACTIVE LEEN IRV & ALETA M PW -1 1506 ONEAL RD OROVILLE CA 95965 EL: 041 150'042 000 STATUS: ACTIVE EL: 041 150 022 000 STATUS: ACTIVE G & M RANCHES DUBORG PAULINE WREN FAM PARTNERSHIP ET 2132 TABLE MT BLVD .16 COAL CANYON RD OROVILLE CA 95965 OROVILLE CA 95965 EL: 04"1 140 062 000 STATUS: ACTIVE EL: 041 150 027 000 STATUS: ACTIVE LUCKY SEVEN RANCH INC CHAFFIN GEORGE SS 8 CATALINA POINT ROAD 546 COAL CANYON RD CHICO CA 95928 OROVILLE CA 95966 EL: 041 150 026 000 STATUS: ACTIVE EL: 041 150 029 000 STATUS: ACTIVE BRISCOE WILLIAM A & ZITA MARIE FAMILY PATTERSON DAYN R & LAURIE J BRISCOE WILLIAM A & ZITA MARIE TRUSTEE 75 LARIAT LOOP. 16 COAL CANYON RD OROVILLE CA 95966 OROVILLE CA 95965 EL: 041 150 033 000 STATUS: ACTIVE EL: 041 150 037 000 STATUS: ACTIVE CAMPBELL LYNDIA P J L BAILEY & SON INC 1391 CLARK RD P 0 BOX 84 OROVILLE CA 95966 WHITEBIRD ID 83554 EL: 041 150 034 000 STATUS: ACTIVE SESTO TRUST SESTO FRANK & ELEANOR TRUSTEES 2058 W 181ST ST TORRANCE CA 90504 EL: 041 150 041 000 STATUS: ACTIVE GUNN CLAY E JR P 0 BOX 3412 CHICO CA 95927 EL: 041 190 014 000 STATUS: ACTIVE ROCHA ANNA C ETAL TC ROCHA MANUEL C & MARY C JT 292828984 BOX 65 GRIDLEY CA 95948 EL: 041 150 040 000 STATUS: ACTIVE ADOLF BOB 1454 ONEAL RD OROVILLE CA 95965 EL: 041 160 019 000 STATUS: ACTIVE CROSBY ROBERT A 8002 HIGHWAY 70 OROVILLE CA 95965 :PROJECT SUMMARY FILE #: UP 97-22 PROJECT TYPE: Use Permit APPLICANT: Myron Openshaw & Michele Weaver ADDRESS: 2132 Table Mountain Blvd., Oroville, CA 95965 OWNER: G & M Ranches % Myron Openshaw ADDRESS: 2132 Table Mountain Blvd., Oroville, CA 95965 REPRESENTATIVE: Michael G. Evans ADDRESS: 1 Nice Place, Oroville, CA 95966 PROJECT DESCRIPTION- Use Permit for a veterinary clinic PROPERTY ZONED: SH & U LOCATED: On the west side of Clark Rd., approx. 700 ft. north of Hi¢hway 70 AP#: 041-150-042 TOWN/AREA: Butte College Area GENERAL PLAN DESIGNATION: Grazing, Open Land 1. Application complete: February 24, 1997 Amount: $ 1018.00 Receipt #: 15778 2. Comments sent to: E.H., LAFCO, DEV. SERV., P.W., AG. COMM., CDF, CALTRANS 3. Comments received from: EH D, C. t} Fco , P W A 4 c.,,M.M • . C. D C -Q 1+r -4,%s 4. Rezone Petition Signatures Checked: 5. Mailing List/Lead-in Sheet: 6. Assigned To: Steve Betts 7. Environmental Determination: State Clearinghouse No: -6 Subject to Fish & Game: N Q_ ,Categorical Exemption-CEQA# 3 gative Declaration MMitigation Negative Declaration Environmental Impact Report Gen. Rule Ex. -CEQA # 15061.(bx3) Other 8. Staff Report: Project Video: Its Release to publish: 9. 10. 11. 12. 13. 14. Clearinghouse circulation required: Yes No 'Y, Date Sent to SCH: Publication Notice Written: Display Ad Prepared: _ Notices Mailed: Newspaper Publicatioi Planning Commission Action taken: Special Conditions: Commission Resolution No. Board of Supervisors' Hearing(s): _ Action taken: Number of Notices: M Board Resolution No.: Ordinance No: Adopted: 15. Type Use Permit/Send for signature: / 16. N.O.E. / N.O.D. / APPENDIX G: AL 1$ 10 Fish & Game Fees Paid: Yes V No 17. Send validated Use Permit: A 2 18. Assessor's Memo: JUL 19 W JUL 2 9 1997 �- 19. Copy of Use Permit / Variance to Planning Technician: . .1 TO: NOTICE OF DETERMINATION Office of Plan.& Research Dept. 1400 Tenth Street Sacramento, CA 95814 "ter . JUL 3 .. CAM�R= Clerk By X Butte County Clerk►5uty FROM: Butte County Planning 7 County Center Dr., Oroville 95965 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Project Title: UP 97-22 AP Number: 041-150-042 Applicant: . Myron Openshaw & Michele Weaver State Clearinghouse Number (If submitted to clearinghouse): Contact Person: Steve Betts Telephone Number: 538-7601 Project Location: On the west side of Clark Rd., approx 700 ft. north of Highway 70 Project Description: Use Permit for a veterinary clinic This is to advise that the Butte County Planning Commission has approved the -above-described project on July 10, 1997 and has made the following determinations regarding the above-described project: 1. The project will, _X will not, have a significant effect on the environment. 2. An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. _X_ A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures _X were, were not, made a condition of the approval of the project. 4. A statement of overriding considerations was, _X was not, adopted for this project. This is to certify that the final EIR with comments and responses and record of project approval is available to the general public at: Date received for filing and posting at OPR Butte County - Department of Development Services 7 County Center Drive Oroville, CA 95965 Craig S ers Senior anner j:\linda\noe.nod\nod.frm DECLARATION OF FEES 1A!: (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT Myron Openshaw & Michele Weaver 2132 Table Mountain Blvd. Oroville, CA 95965 FILING NO. CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION O A. Statutorily or Categorically Exempt $25.00. Clerk's Documentary Handling Fee (X) B. De Minimus Impact - Certificate of Fee Exemption $25.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION - FEE REQUIRED O A. Negative Declaration $1,250 State Filing Fee $25.00 Clerk's Documentary Handling Fee O B. Environmental Impact Report $850 State Filing Fee $25.00 Clerk's Documentary Handling Fee 3. () OTHER (Specify) $25.00 Clerk's Documentary Handling Fee PAYMENT / NON-PAYMENT OF FEES: 1. (X) PAYMENT: The above fees have been paid. See attached receipt(s). #15978 2. O NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Craig Sanders Title: Senior Planner Lead Agency: Butte County Department of • Development Services Date: _July 28, 1997 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVI RONNIENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUN'T'Y OF BUTTE. Date 08/28/97velopment / Services Departipnt Time 2:03 pm Applicant Billing Worksheet UP 97-22 * Myron Openshaw & Michele Weaver 2132 Table Mountain Boulevard Oroville, CA 95965 In reference to : Use Permit, AP#041-150-042 Rounding : None Full Precision : No Last bill / / Last aging Last charge 08/07/97 Last payment / / Amount $0.00 Date/Slip# Description HOURS/RATE AMOUNT 02/24/97 Larry P. / P 1.25 73.75 #11030 Processing 59.00 02/24/9.7 Steve B. / P 0.25 14.75 #11054 Processing 59.•00 02/24/97 Teri B. / C 2.00 68.00 #11065 Clerical 34.00 03/10/97 Steve B.'/ P 2.00 118.00 #11127 Processing 59.00 03/24/97 Steve B. / P 4.50 265.50 #11250 Processing 59.00 03/24/97 Paula L. / P 0.25 14.75 #11303 Processing 59.00 04/07/97 Steve B. / P 1.00 59.00 #11373 Processing 59.00 04/21/97 Steve B. / P 0.50 29.50 #11458 Processing 59.00 05/05/97 Craig S. / P 0.75 44.25 #11583 Processing 59.00 05/05/97 Craig S. / P 1.25 73.75 #11584 Processing 59.00 05/19/97 Lynn R. / C 2.25 101.25 #11640 Clerical 45.00 05/19/97 Steve B. / P 0.75 44.25 #11650 Processing 59.00 Page 1 TOTAL Date 08/28/97 111velopment Services Departgnt Time 2:03 pm Applicant Billing Worksheet UP 97-22 * :Myron Openshaw & Michele Weaver (continued) Date/Slip# Description HOURS/RATE AMOUNT 05/19/97 Craig S. / P 0.50 29.50 #11709 Processing 59.00 06/02/97 Lynn R. / C 1.00 45.00 #11781 Clerical 45.00 06/02/97 Steve B. / P 0.50 29.50 #11818 Processing 59.00 06/02/97 Craig S. / P 0.50 29.50 #11846 Processing 59.00 06/16/97 Lynn R. / C 2.50 112.50 #11890 Clerical 45.00 06/16/97 Craig S. / P 0.25 14.75 #11940 Processing 59.00 06/30/97 Craig S. / P 0.25 14.7.5 #12009 Processing 59.00 06/30/97 Lynn R. / C 2.75 123.75 #12022 Clerical 45.00 07/14/97 Teri B. / C 0.50 17.00 #12066 Clerical 34.00 07/28/97 Teri B. / C 0.50 17.00 #12182 Clerical 34.00 TOTAL BILLABLE TIME CHARGES 26.00 Date/Slip# Description OTY,PRICE 05/28/97 Teri B. / $C 1 #11635 Publish Legal Notice in Chico 26.10 Enterprise Record 26.10 Page 2 TOTAL $1,340.00 Date 08/28/97 tevelopment Services DeparAnt Time 2:03 pm Applicant Billing Worksheet UP 97-22 * :Myron Openshaw & Michele Weaver (continued) TOTAL BILLABLE COSTS TOTAL NEW CHARGES PAYMENTS/REFUNDS/CREDITS 02/24/97 Deposit - Receipt #15778 06/02/97 Deposit - Receipt #15922 09/02/97 Deposit - Receipt #16024 TOTAL PAYMENTS/REFUNDS/CREDITS NEW BALANCE (700.00) (361.25) (304.85) Page 3 $26.10 $1,366.10 ($1,366.10) TOTAL NEW BALANCE $0.00 ti RV T 4 August 18, 1997 Myron Openshaw & Michele Weaver 2132 Table Mountain Boulevard Oroville, CA 95965 RE: Use Permit, AP#041-150-042 File No. UP 97-22 Dear Mr. Openshaw and Ms. Weaver: • L A N D O F N A T U R A L W E A L T H A N D B E A U T Y 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 10, 1997, is $1,366.10. As of February 24, 1997, a deposit was made in the amount of $700.00, and an additional deposit in the amount of $361.00 was made on June 2, 1997. The costs exceeded both deposits by $304.85. Below is a breakdown: Deposit on 2-24-97, Receipt No. 15778 $ 700.00 Deposit on 6-2-97, Receipt No. 15922 361.25 Total $1,061.25 Professional Planner $ 781.75 Mapping $ 73.75 Clerical $ 484.50 Legal Notice Publishing in Chico Enterprise Record on May 28, 1997 26.10 Total $1,366.10 Total Amount Due & Payable $ 304.85 Please make a check payable to the Butte County Treasurer in the amount of $304.85 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, Thomas A. Parilo Director of Development Services TAP:jb j:\docs\refu nds\PCdue.wpd 0 LOOK .n AHEAD APPROVE0 Development Plan DATE USE PERMR IANCE ._...._ VETERINARYMIC.M. Z_.._. 1 -V-411 � PLANNING COMMIS DIRECTOR OF DEVELOPMENT SERV CES TRASH ENCLOSURE. PLAN SCALE: .1 /2,,. = 1,-0„ )NC APRON 6" ABC GATE SIU PAINTED UTSIDE FACE AND ENDS ALL 42" FF I LOOK AHEAD VETERINARY CLINIC #4 VER TS @ 48" 0. C. SOLID GROUT CELLS REINF. 00 MORTAR CROWN PAINTED #4 HORIZ, BAR BOND BEAM 8" CMU WALL W/ FLUSH �-JOINTS & PAINTED THIS SIDE (STANDARD BLOCK) +0'-0" LOOK. AHEAD VETERINARY CLINIC STRU FULL TUBE FF 2" X 2" TUBE - EN, HEA @ 12" O.C. DESIGNED TO CARRY GATE'S LOAD TRASH ENCLOSURE JAMB SCALE: 1 1/2" 1'-0" 8" MAS. TRASH ENCLOSURE WALL GROUT CELL SOLID W/ .1 #4 BAR VERT. & @ 48" 0. C. STEEL PIPE %�UlNk� FILLED PAINTED 3 mCompl yrs' Complete items 1 and/or 2 for additional services. I also wish to receive the ■Complete items 3, 4a, and 4b. following services (for an ■ Print your name and address on the reverse of this form so that we can return this extra fee): card to you. ❑ Return Receipt for Merchandise ❑ COD ■Attach this form to the front of the mailpigce, pr on3,he back if space does not 1. ❑Addressee's Address permit. % ■Write'Return Receipt Requested' on the mailpiece below the article number. 2. ❑ Restricted Delivery ■The Return Receipt will show to whom the article was delivered and the date and fee is paid) delivered. Consult postmaster for fee. 3. Article Addressed to: 14a. Article Number Myron Openshaw Z 379 332 146 4b. Service Type ❑ Registered [I Certified Michele Weaver,, 2132 Table Mtn:. Blvd. Oroville, CA 95965 ❑ Express Mail ❑ Insured ❑ Return Receipt for Merchandise ❑ COD 7. Date of Delivery- .. 5. Received By: (Print Name) 8. Addressee's Address (Only if requested and fee is paid) 6. Signature- Addressee Ag t) X t t PS f=orm 3811, Dece ber 19 4 Domestic Return Receipt n 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 BUTTE DEPARTMENT OF DEVELOPCI W SUM ►CANNING DIVISION 7ftwity Center Drive r CA 95965.3397 - ite countq LAND OF i;ATURAL W E A L T H AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916) 538-7785 July 29, 1997 r t Myron Openshaw & Michele Weaver 2132 Table Mountain Blvd. ' Oroville, CA 95965 CERTIFIED MAIL i . Re: Use Permit, AP 041-150-042 : I Dear Mr. Openshaw & Ms. Weaver: Enclosed is your validated Use Permit No. UP 97-22 to allow a small and large animal veterinary clinic, including a animal husbandry business. 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. Sincerely, Thomas A. Parilo Director of Development Services. Ac Teri Bridenhagen Office Assistant III Enc. M. Land Development Division Building Division Environmental Health Department of Forestry j:\temp\up7 I 7 '37 9 `332 146 Receipt for Certified Mail No Insurance Coverage Provided DMTED ST�TEe Do not use for International Mail pDSTLL SEWK:E (See Reverse) obi Sent o dpenshaw 6 Weaver tStreet and No. p 2132 Table Mtn. Blvd. P.O., State and ZIP Code . .Oroville, CA 95965 pPostage $ a*I, O) Certified Fee E O u SQectaI,'MIiverW>FEer' N7 O1 I1 Rest i. tctedi D�emrezV� I Return Receipt Showing to Whom & Date Delivered Return Receipt Showing to Whom, Date, and Addressee's Address ._ TOTAL Postage & Fees $ i Postmark or Date 7-30-97 r 0 0 MEMORANDUM,. PLANNING DEPARTMENT TO: Butte County Assessor's Office FROM: Butte County Planning Department SUBJECT: Myron Openshaw & Michele Weaver DATE: July 29, 1997 Pursuant to Section 65863.5 of the Government Code, the following parcel identified as 041-150-042, was: Rezone from to zoning district. Granted a variance to X Issued a conditional Use Permit to allow a small and large animal veterinary clinic, including an animal husbandry business, located on the west side of Clark Road, approximately 700 feet north of Highway 70, Butte College area. jlemp\assessor j,- • TO: _ • NOTICE OF DETERMINATION Office of Plan.& Research Dept. 1400 Tenth Street Sacramento, CA 95814 C J V of 't'�{�•"`4i J U L 3 01997 CAN Ui36S, Burke Co Clerk By Deputy X Butte County Clerk FROM: Butte County Planning 7 County Center Dr., Oroville 95965 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Project Title: UP 97-22 AP Number: 041-150-042 Applicant: Myron Openshaw & Michele Weaver State Clearinghouse Number (If submitted to clearinghouse): Contact Person: Steve Betts Telephone Number: 538-7601 Project Location: On the west side of Clark Rd., approx 700 ft. north of Highway 70 Project Description: Use Permit for a veterinary clinic This is to advise that the Butte County Planning Commission has approved the above-described project on July 10, 1997 and has made the following determinations regarding the above-described project: 1. The project will, _X will not, have a significant effect on the environment. 2. An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. _X A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures _X_ were, were not, made a condition of the approval of the project. 4. A statement of overriding considerations was, _X was not, adopted for this project. This is to certify that the final EIR with comments and responses and record of project approval is available to the general public at: Date received for filing and posting at OPR Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965 Craig S ers Senior Planner j:Minda\noe.nod\nod.frm DECLARATION OF FEES DUE* (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT Myron Openshaw & Michele Weaver 2132 Table Mountain Blvd. Oroville, CA 95965 FILING NO. CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION () A. Statutorily or Categorically Exempt $25.00. Clerk's Documentary Handling Fee (X) B. De Minunus Impact - Certificate of Fee Exemption $25.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION - FEE REQUIRED () A. Negative Declaration $1,250 State Filing Fee $25.00 Clerk's Documentary Handling Fee () B. Environmental Impact Report $850 State Filing Fee $25.00 Clerk's Documentary Handling Fee 3. ( ) OTHER (Specify) $25.00 Clerk's Documentary Handling Fee PAYMENT / NON-PAYMENT OF FEES: 1. (X) PAYMENT: The above fees have been paid. See attached receipt(s). #15978 2. ( ) NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Craig Sanders Title: Senior Planner Lead Agency: Butte County Department of Development Services Date: July 28. 1997 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL. DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. APPENDIX G 1. NOTICE IS HEREBY GIVEN that the project described below has been reviewed pursuant to the provisions of the California Environmental Quality Act of 1970 (Public Resources Code 21100, et. seq.) and a determination has been made that it will not have a significant effect upon the environment. Assessor's Parcel No. 041-150-042 2. DESCRIPTION OF PROJECT: Use Permit for a veterinary clinic 3. LOCATION OF PROJECT: On the west side of Clark Rd., approx 700 ft. north of Highway 70 4. NAME AND ADDRESS OF PROJECT APPLICANT: Myron Openshaw and Michele Weaver, 2132 Table Mountain Blvd., Oroville, CA 95965 5. MITIGATION MEASURES: See Attatched 6. A copy of the initial study regarding the environmental effect of this project is on file at7 County Center Drive, Oroville. This study was: X Adopted as presented. Adopted with changes. Specific modifications and supporting reasons are attached. 7. A public hearing on this Negative Declaration was held by the decision making body. Hearing Body: Butte County Planning Commission Date of Determination: July 10. 1997 Determination: On the basis of the initial study of environmental impact, the information presented at hearings, comments received on the proposal and our own knowledge and independent research: We find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION is hereby adopted. X We find that the project COULD have a significant effect on the environment, but will not in this case because of attached mitigation measures described in item 5 above, which are by this reference made conditions of project approval. A conditional NEGATIVE DECLARATION is hereby adopted. Nina ambert, Chairman Butte County Planning Commission Date: 1. Retain the group of eleven (11) oak trees located next to the proposed veterinary clinic as.shown on the site map. (MM) 2. Prior to the commencement of grading and/or construction activity, the group of eleven (11) oak trees located next to the proposed veterinary clinic as shown on the site map 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: (MM) 3. All outside lighting shall utilize cut-off shielding so that no direct illumination will leave the project site. (MM) 4. During construction, should any archaeological artifacts be discovered, the Butte County 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 not occur without Planning Division approval. (MM) i July 10, 1997 ,ejutte Co L A N D O F N A T U R A L W E A L T H A N D B E A U T Y Myron Openshaw and Michele Weaver, D.V.M 2132 Table Mountain Blvd. Oroville, CA 95965 Re: Use Permit, AP 041-150-042, UP97-22 Dear Mr. Openshaw and Dr. Weaver: PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 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 10, 1997, your request for a Use Permit to allow a small and large animal veterinary clinic on property zoned S -H located approximately 700 feet north of Highway 70, Oroville, 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. Should you have any questions regarding this matter, please contact Stephen Betts at this office between 8:00 a.m. and 4:00 p.m., Monday through Thursday. Sincerely, 4Lynn Richardson Planning/Administrative Support Services Assistant /Ir kAforms\approvup. frm STATE OF CALIFORNIA - BUSINESS, TRANSPORTAdhJ AND HOUSING AGENCY PETE WILSON, Governor NEW 7p, DEPARTMENT OF TRANSPORTATION 625 B STREET i P.O. BOX 911 MARYSVILLE, CA 95901 (916) 741-4403 FAX (916) 741-4236 July 3, 1997 Butte County Planning Department Attention Stephen Betts 7 County Center Drive Oroville, CA 95965 Gentlemen: File: 0397-6RSO484 03 -BUT -191-0.23 Attached is a copy of the G & M Ranches' encroachment permit and approved plan for a road approach to State Highway 191 (Clark Road). Although widening opposite the approach was recommended by our Traffic Branch, it was not required for the present development. The widening as proposed was not adequate to allow northbound vehicles to pass vehicles turning into the driveway. It would have to be substantially longer. Therefore it was decided to delete the widening. If you have any questions, call this office at (916) 741-4403.. Attachments cc Andy Poliquin, Permit Inspector Sincerely, ICHARD W. JO S Chief Office of En o chment Permits Planning Division _itis .07 1997 Orovilla, Caiifomia STATE OF CAUFORNIA ' DEPARTMENT OF TRANSPORTATION 'ENCROACHMENT PERMIT TR -0120 (NEW 9/91) In compliance with (check . one): . X Your application of MAY 1997 Utility Notice No. of Agreement No. of R/W Contract No. of Permit Na 0397-69S Dist/Co/RtWPM- ' 03 -BUT -191-0.23 Dote June 4, 1997 Fee Pai $ 210 Performance Bond Am $ N/A Band Coney N/A $ N/A Bond Nunmer (1) 1 Bond Number (2) TO: .. I G & M Ranches, Inc. c/o Michael Mooney,. Civil Engineer SA Madrone Avenue Oroville, CA 95966 ATTN: PHONE: (916) 533-2131 PERMITTEE and subject to the following PERMISSION IS HEREBY GRANTED to: Construct a 20' wide paved road approach on the west side of State=iighway 191 approximately 0.2 mile north of Highway 70 as shown 'on attached plan stamped "APPROVED PLAN", dated "JUN. 4, 1997" and signed by Caltrans Distric- 3 Chief Office of Encroachment Permits. At the end of each working day if a difference in excess of 0.10 -foot exists between the elevation of the existing pavement and the elevation of any excavation within o feet of the traveled way, material shall be placed and compacted against the vertical cuts adjacent to the traveled way. The material shall be placed to the level of the elevation of the top of . the existing pavement and tapered at a slope of 4:1 or flatter to the bottom of the excavation. Permittee shall contact State Inspector Andy Poliquin, telephone (916') 342-5687, two working days prior to commencing work, to arrange a pre -job meeting, in accordance with Provision 6 of the attached General Provisions. The 24 hour notification before restarting work, provided by Provision 6, shall be strictly adhered to. All work shall be conducted and completed to the satisfaction of Caltrans representative listed below. Immediately following completion of the work permitted herein, the Permittee shall fill out and mail the Notice of Completion attached to this permit. The following attachments are also included as part of this permit. In addition to 'fee the permittee will be billed (Check applicable): actual costs for. X Yes _ No Generai Provisions _ Yes _2L No Review Yes X No Utility Maintenance Provisions _ Yes X No Inspection X Yes _ No Special Provisions, TRAFFIC CONTROL X Yes _ _ _ _ _ Field Work Yes X No A Col -MHA permit required prior to beginning work, # APPROVED PLAN ATTACHED Of any Caltrans effort expended) Yes X No The information in the environmental documentation has been reviewed and considered prior to opprool of this permit. This permit is void unless the work is completed before JANUARY 1, 1998 This permit is to be strictly construed mid no other work other than specifically mentioned is hereby authorized. No project work shall be commenced until all other necessary permits and environmental clearances have been obtained. Andy Poliquin APPROVED: 2535 Norte Dame Boulevard Chico, CA 95928 (916) 342-5687 Cellular 521-4959 Irene T. Itamura District Director cc John Qualls, Sutter/Sierra Region . BY: ORIGINAL SIGNED BY . Richard W. Jones, Chief - Office of Encroachment Permits Page 1 of 2 DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: 19161 538-7601 FAX: 19161538-7785 June 30, 1997 Myron Openshaw and Michele Weaver 2132 Table Mountain Blvd. Oroville, CA 95965 Re: Use Permit, AP 041-150-042 UP97-22 Dear Mr. Openshaw and Dr. Weaver: At the regular meeting of the Butte County Planning Commission held June 26, 1997, the 'public hearing was continued open to July 10, 1997, for final action on your application for a Use Permit to allow a veterinary clinic on property zoned "U" and S -H located on the west side of Clark Road, Butte College Area. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. . I Should you have any questions reg arding.this matter, please contact Stephen Betts at this office between 8:00 a.m. and 4:00 p.m., Monday through Thursday. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant /Ir cc: Michael G. Evans k:\forms\continue.frm 06/25/1997 17:56 9169665 TERRIVAN WAMBEKF PAGE 01 Terri Van Wambeke 324 A W 4`h Ave. Chico, CA 9.5926 June 1.2, 1997 To Whore It May Concern: I arra writing this letter to voice my support of the proposed project to build a veterinary clinic in the Butte College area. This clinic will be a great asset to Butte County as it will not only bring in additional revenues to the area but will also provide residents with veterinary services that are sorely lacking in this county. As a member of the agriculture ... ..... community.x-C-bi.co.,J am fo-raed,to. take my large-aniRmals.to-U,C. nav:s 'hospital when situations arise where surgery may be necessary. The trip to Davis can be long and arduous when time is critical, as it generally is in these situations. Members of the Butte County Agriculture community have long been awsitirg .. ,..4.1d; ;u;;. -as-thc- one being proposed that will provide immediate and accessible large animal veterinary care. A veterinary clinic in the proposed location will be readily accessible from both the Oroville area as well as Chico and it's vic-inity no other local clinic is capable of providing. I urge you to consider these benefits to the community when making your decision. Thank you for your time. Sincerely, Terri Van Wambeke �� 1,1111111 ME /Lai May 30, 1997 Look Ahead Veterinary Services future is to build a Large and Small Animal Medical and Surgery facility. This facility will be built 700 feet north of highway 70 on the west side of Clark road. The building, parking lot, and barn will exist on approximately 4 acres. This land plus 3000 acres is under the Land Conservation Agreement (Willamson Act) which states that, this land is for agricultural use, primarily grazing. This petition is signed by future participants of Look Ahead Veterinary Services that feel LAVS is part of the agriculture community and will not disturb primary grazing land (less than 1%). The facility will be the first.one of its kind in Butte County to offer these services to the agricultural community. This tvne of facility will give prompt medical Gaze to the ie in Butte County. qty) Ov' 5 S Planning Division JUN 2 41991 ®rovill®, Califomia May 30, 1997 Look Ahead Veterinary Services future is to build a Large and Small Animal Medical and Surgery facility. This facility will be built 700 feet north of highway 70 on the west side of Clark road. The building, parking lot, and barn will exist on approximately 4 acres. This land plus 3000 acres is under the Land Conservation Agreement (Willamson Act) which states that this land is for agricultural use, primarily grazing. This petition is signed by future participants of Look Ahead Veterinary Services that feel LAVS is part of the agriculture community and will not disturb primary grazing land (less than 1%). The f3Cility will be the first one of its kind in Butte County to offer these services to the agricultural community. This type of facility wiii give pr:•- : r"-edical care to the agricultural community and keep revenue in Butte County. l�Ui;t `ii�4'�.�l,�il�. 1ti`1�Y�i1�. • 1,� 7'� C�,j�`,^�l o4 a & 15, 1aL`U 45 3 May 30, 1997 Anim edica Look Ahead Veterinary Services future is 700 feet north of highwayarge and 70 o �hM�"�e t sided Surgery facility. This facility will be built of Clark road. The building, parking lot, and barn will exist on approximately 4 acres. This land plus 3000 acres is under the Land Conservation Agreement (Willamson is signed. n Act) which states that this land is for agricultural use, primarily grazing• pe by future participants of Look Ahead Veterinary Services that feel LAVS is part of the agriculture community and will not disturb primary grazing land (less than 1%). The facility will be the first one of its kind in Butte County to offer these services to the agricultural community• type t e of facility will give prompt med cal care to the agricultural community and keep revenue in Butte County. �D v e- 5.!5 �.� ROM 0I/tk$ P �,,-1. Cir / ca tib.._,. May 30, 1997 Look Ahead Veterinary Services future is to build a Large and Small Animal Medical and Surgery facility. This facility will be built 700 feet north of highway 70 on the west side of Clark road. The building, parking lot, and barn will exist on approximately 4 acres. This land plus 3000 acres is under the Land Conservation Agreement (Willamson Act) which states that -this land is for agricultural use, primarily grazing. This petition is signed by future participants of Look Ahead Veterinary Services that feel LAVS is part of the agriculture community and will not disturb primary grazing land (less than 1%). The facility will be the first one of its kind in Butte County to offer these services to the agricultural community. This type of facility will give prompt medical care to the agricultural community and keep revenue in Butte County. 4/ �1`l QV 5.5 74 I X11" �E N .n G Y 14//�kVCr 4 E Michael C. Evans One Nice Place Oroville, CA 95966 (916) 589-5198 June 17, 1997 Mr. Stephen, Betts Planning Division, Butte County'Dept. of Devel:. Services 7 County Center Drive Oroville, CA 95965 RE: Use Permit 97-22, APN 041-150-042 Openshaw & Weaver Dear Mr. Betts, Enclosed is a copy of the Encroachment Permit issued by Cal -Trans: The 8' shoulder on the east side of Hwy. 191 has been eliminated from the construction by Cal -Trans. Permission has been granted for the construction on the west side as per the plan. The original permit is in the possession of Mr. Openshaw. Please remove condition.number 1 from the conditions of approval due to the Cal -Trans review. Thank you for your assistance in this matter. Weaver Mooney Engineering Planning Division J U N 16 1997 Oroville, California r AYE OF CGUJFORNW - DEPARTMENT ONSPORTATION NCROACHMENT PERMIS -In compliance with (check one): X Your application of MAY Utility Notice No. Agreement No. 1997 of of R/W Contract No. of Permit No. 0397-6RSIS Dist/Co/Rte/PM 03 -BUT -191-0.23 e lune. 4, 1997 eeai $ 210 Performance on Ami $ N/A Bond Company $ N/A $ N/A Bond Number (1) I Bond Number. (2) TO: I G & M Ranches, Inc. c/o Michael Mooney, Civil Engineer 5A Madrone Avenue Oroville, CA 95966 ATTN: PHONE: (916) 533-2131 PERMITTEE and subject to the following, PERMISSION IS HEREBY GRANTED to: Construct a 20' wide paved road approach on the west side of State Highway 191 approximately 0.2 mile north of Highway 70 as shown on attached plan stamped "APPROVED PLAN", dated "JUN. 4, 1997" and signed by Caltrans District 3 .Chief Office of Encroachment Permits. - At the end of each working day if a difference in excess of 0.10 -foot exists between the elevation of the existing pavement and the elevation of any excavation within 6 feet of the traveled way, material shall be placed and compacted against the vertical cuts adjacent to the traveled way. The material shall be placed to the level of the elevation of the top of the existing pavement and tapered at a slope of 4:1 or flatter to the bottom of the excavation. Permittee shall contact State Inspector Andy Poliquin, telephone (916) 342-5687, two working days prior to commencing work, to arrange a pre -job meeting, in accordance with Provision 6 of the attached General Provisions. The 24 hour notification before restarting work, provided by Provision 6, shall be strictly adhered to. All work shall be conducted and completed to the satisfaction of Caltrans representative listed below. Immediately following completion of the work permitted herein, the Permittee shall fill out and mail the Notice of Completion attached to this permit. The following attachments are also included as part of this permit. (Check applicable): X Yes _ No General Provisions Yes X No Utility Maintenance Provisions X Yes _ No Special Provisions, TRAFFIC CONTROL Yes X No A Cal -OSHA permit required prior to beginning work, it APPROVED PLAN ATTACHED In addition to fee the permittee will be billed actual cosh for. _ Yes X No Review Yes X No Inspection X Yes _ _ _ _ _ Field Work (If any Caltrans effort expended) Yes X No The intormation in the environmental documentation has been reviewed and considered prior to approval of this permit. This permit is void unless the work is completed before JANUARY 1, 1998 This permit is to be strictly construed and no other work other than specifically mentioned is hereby authorized. No project work shall be commenced until all other necessary permits and environmental clearances have been obtained. Andy Poliquin APPROVED: 2535 Norte Dame Boulevard Chico, CA 95928 (916) 342-5687 Cellular 521-4959 Irene T. Itamura. District Director cc John Qualls, Sutter/Sierra Region Page 1 of 2 W, Jones, Chi4f - Office of Encroachment Permits .1�1' SAME: G & M Ranches • • PERMIT r: 0397-6RS0484 DATE: June 4, 1997 If existing public or private utilities conflict with the construction of PROJECT, PERMITTEE will make necessary arrangements with owners of such utilities for their protection, relocation or removal. PERMPITEE shall inspect the protection, relocation or removal of such facilities. Total costs of such. protection, relocation or removal shall be borne by the PERMITTEE in compliance with the terms of the Highway Encroachment Permits, Case Law, Public Utility Regulations and Property Rights. PERNff TEE shall require any utility company performing relocation work in the STATE'S right of way to obtain a State Encroachment Permit prior to performance of said relocation work. Any relocated utilities shall be correctly located and identified on the as -built plans. Page 2 of 2 May 30, 1997 Look Ahead Veterinary Services future is to build a Large and Small Animal Medical and Surgery facility. This facility will be built 700 feet north of highway 70 on the west side of Clark road. The building, parking lot, and barn will exist on approximately 4 acres. This land plus 3000 acres is under the Land Conservation Agreement (Willamson Act) which states that this land is for agricultural use, primarily grazing. This petition is signed by future participants of Look Ahead Veterinary Services that feel LAVS is part of the agriculture community and will not disturb primary grazing land (less than 1%). The facility will be the first one of its kind in Butte County to offer these services to the agricultural community. This type of facility will give prompt medical care to the agricultural community and keep revenue in Butte County. ,,L,��Z .S'c�C�9f7oo2.E Grp, ti.Jd2�j/�� Ake-, DjK/,aj),I' C)LIk- • - r. 7011) planning Division.. JUN 17 1997 Orovilie, Califomia May 30, 1997 Look Ahead Veterinary Services future is to build a Large and Small Animal Medical and Surgery facility. This facility will be built 700 feet north of highway'70 on the west side of Clark road. The building, parking lot, and barn will exist on approximately 4 acres. This land plus 3000 acres is under the Land Conservation Agreement (Willamson Act) which states that this land is for agricultural use, primarily grazing. This petition is signed by future participants of Look Ahead Veterinary Services that feel LAVS is part of the agriculture community and will not disturb primary grazing land (less than 1%). The facility will be the first one of its kind in Butte County to offer these services to the agricultural community. This type of facility will give prompt medical care to the agricultural community and keep revenue in Butte County. Ojzz � ,ce- 4�- 6 1s, 6A 9s9/ r- Yz69 /w,Yh �,. � )� J _ //6 g rr e -v c A XA� 2 L4 F C—, evcrh5 �e ! k Pte. Rd,c7Y, �lPy �i y8 �.571�f >Y 6 k,4N d6 2- f v coe r - aoas Deo o'lle CA �-� f32v /O Uell 11 Rd 0 1 WI MOM V WA "Al. 10 WOM Planning Division J U N 17 1997 ®roville, California May 30, 1997 Look Ahead Veterinary Services future is to build a Large and Small Animal Medical and Surgery facility. This facility will be built 700 feet north of highway 70 on the west side of Clark road. The building, parking lot, and barn will exist on approximately 4 acres. This land plus 3000 acres is under the Land Conservation Agreement (Willamson Act) which states that this land is for agricultural use, primarily grazing. This petition is signed by future participants of Look Ahead Veterinary Services that feel LAVS is part of the agriculture community and will not disturb primary grazing land (less than 1%). The facility will be the first one of its kind in Butte County to offer these services to the agricultural community. This type of facility will give prompt medical care to the agricultural community and keep revenue in Butte County. M I I Planning Division J U N 1 7 1997 ®roviile, California �syz� May 30, 1997 Look Ahead Veterinary Services future is to build a Large and Small Animal Medical and Surgery facility.�:This facility will be built 700 feet north of highway 70 on the west side of Clark road. The building, parking lot, and barn will exist on approximately 4 acres. This land plus 3000 acres is under the Land Conservation Agreement (Willamson Act) which states that this land is for agricultural use, primarily grazing. This petition is signed by future participants of Look Ahead Veterinary Services that feel LAVS is part of the agriculture community and will not disturb primary grazing land, (less than 1%). The facility will be the first one of its kind in Butte County to offer these services to the agricultural community. This type of facility will give prompt medical care to the agricultural community and ke revenue.in Butte County. IV L 4 6 �c ��JvY hlL o"V) -Y7 04,44 /'?Z// Z/l L & &(111 y 7 i!i'J e -K O t2O I % g planning Division JUN 17 1997 Oroville, California • May 30, 1997 Look Ahead Veterinary Services future is to build a Large and Small Animal Medical and Surgery facility. This facility will be built 700 feet north of highway 70 on the west side, of Clark road. The building, parking lot, and barn will exist on approximately 4 acres. This land plus 3000 acres is under the Land Conservation Agreement (Willamson Act) which states thatlthis land is for agricultural use, primarily -grazing. This petition is signed. by future participants of Look Ahead Veterinary Services that feel LAVS is part of the agriculture community and will not disturb primary grazing land (less than 1%). The facility will be the first one of its kind in Butte County to offer these services to the agricultural community. This type of facility will give prompt medical care to the agricultural community and keep revenue in Butte County. /\ (B BO N -'r Ie) 9-d Planning Division J U N 17 1991 oroville, California May 30, 1997 Look Ahead Veterinary Services future is to build a Large and Small Animal Medical and Surgery facility. This facility will be built 700 feet north of highway 70 on the west side of Clark road. The building, parking lot, and barn will exist on approximately 4 acres. This land plus 3000 acres is under the Land Conservation Agreement (Willamson Act) which states that this land is for agricultural use, primarily grazing. This petition is signed by future participants of Look Ahead Veterinary Services that feel LAVS is part of the agriculture community and will not disturb primary grazing land (legs than 1%). The facility will be the first one of its kind in Butte County to offer these services to the agricultural community. This type of facility.will give prompt medical care to the agricultural community and keep revenue in Butte County. 134$Tga N 6 )qty tarkin f1clj Oroville 52934 Za-eh" r. I�� r0V�Ile. -772-7 /l Nwy 70 Planning Division ., J U N 1 7 1997 y • Oroville, California • . REVISED BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that a public hearing will be held on Thursday, June 26, 1997 at 9:00 a.m. in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item at the following time: No action will be taken and the hearing will be continued to July 10, 1997. ITEM ON WHICH A NEGATIVE DECLARATION WITH MITIGATION MEASURES REGARDING ENVIRONMENTAL IMPACTS HAS BEEN RECOMMENDED 9:00 a.m. - Myron Openshaw and Michele Weaver - Use Permit to allow a small and large animal veterinary clinic, including an animal husbandry business, on property zoned "U" (Unclassified) and S -H (Scenic Highway) located on the west side of Clark Road, approximately 700 feet north of Highway 70, identified as AP 041-150-042, Butte College area. (SB) (UP97-22) The above mentioned application, Initial Study, and map are on file and available for public viewing at the office of the Butte County Planning Department, 7 County Center Drive, Oroville, California. If you challenge the above applications in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION . THOMAS A. PARILO, DIRECTOR DEVELOPMENT SERVICES To be published in the Oroville Mercury, Friday, June 20, 1997. 0 --y LAND CF iiNATURAL WEALTH AND B E A U T PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916) 538-7785 June 11, 1997 Myron Openshaw and Michele Weaver 2132 Table Mountain Blvd. Oroville, CA 95965 Re: Use Permit 97-22, AP 041-150-042 Dear Mr. Openshaw and Dr. Weaver: This is to notify you that the Land Conservation Act Committee will be meeting on June 19, 1997, at 8:30 a.m. in the Development Services' Conference Room, #7 County Center Drive, Oroville, California, to consider the compatibility of the .propose use with the Land Conservation Agreement. 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. Sincerely, Lynn Richardson . Planning/Administrative Support Service Assistant /Ir cc: Michael G. Tvans j:%wpdocs\pc(tsVca 1.mrg L Vicinity Map • Project Lo T _ r UP 97-22 APN 041-150-042 I-) O'PENSHAW/WEAVE' I R A-160 Location U [11 / A-160 A-160 ................. ................ ................. ................ ................. ................ ................ A C-2 U BUTTE COUNTY PLANNING COMMISSION Applicant: Myron Openshaw/Michele Weaver Owner: G & M Ranches % Myron Openshaw Hearing Date: 9:00 AM Existing Zone: S -H & U (Unclassified) A' Request: Use Permit to allow a Veterinary Clinic. No Scale Assessor Parcel No: 041-150-042 File: 97-22 1.A D Jr N)A,TiiRAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: 1916) 538-7601 FAX: (916) 538-7785 June 11, 1997 Myron Openshaw and Michele Weaver 2132 Table Mountain Blvd. Oroville, CA 95965 Re: Use Permit, AP 041-150-042, UP97-22 Dear Mr. Openshaw and Dr. Weaver: Enclosed is a copy of the Agenda Report concerning your application for a Use Permit to allow a small and large animal veterinary clinic, including an animal husbandry business, on property zoned "U" and S -H located on the west side of Clark road, approximately 700 feet north of Highway 70, north of Oroville. Should you have any concerns with the report or conditions of approval, please contact us in advance of the meeting so that we may work together to resolve your concerns. A public hearing has been set for June 26, 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 Betts of this office at 538-7601, between 8:00 a.m. and 4:00 p.m., Monday through Thursday. Sincerely, /i Lynn Richardson Planning/Administrative Support Service Assistant /Ir cc: Mike Evans kAformslscheduleArm ' Vrovilie, California Cr CZ I orow:te, :•+�II• LAND CO'1S?R11ATIOI i jREe,AlENT .... Agricultar:,! ^�Tn.;'siono,': OfficQ I 1 I I UU*;? C:'UNfY THIS AGRMrLTNT, 7 � i :rade and entered int.n this -� day of 2 by and between G and M. RANCHES . •I 3 } r.rLPA r n nactiSjjAW,_pRZSiDPNT 4 �I hereinafter referred to as "Owner", and the County of Butte, a political 5 ;I subdivision of the State of California, hereinafter referred to as "County"; j 6 I WI T N E S S E T H i 7 it WHEREAS, Owner possesses certain real property hereinafter described 8 i located within County; and ' 9 �; WHEMP AS, said proporty is devoted to agricultural uses; and i 10 WHEREAS, said property is located within the AGRICULTURAL FRESERVE I i 11 I 210.heretofore established by County; and 12 I WHEREAS, both Owner and County desire to limit the use of said i 13 :: property to agricultural, related and compatiblo uses in order to 14 i� preserve a maximum amount of agricultural land, to conserve the State's 15 i' economic resources, to maintain the agricultural economy, and to assure j 16 ;1 a food supply for future residents, to discourage premature and un- 17 't necessary conversion of agricultural land to urban uses, recognizing that such land has public value as open space zmd constit,utea an I 19 important physical, sooial, esthetic, and economic asset to the County; 20 I : and i ! 21 I I WHEREAS, the places�nt of said property in an agricultural preserve i 22 �I I and the execution and approval of this Agroemnr,t is a determination that 23 .i the highest and best use of said property curing the term of this j 24 " Agrenment or any renewal thereof is for agricultural uses; i 25 I I I NOW, THEREFORE, both Orrror and County in consideration of the j 26 'i !i Iraat•ual promises, covenants and conditions herein cor.tainod and the 27 li substanr,ial n,iblie- bin^fit;: to be' darived therefrom, do hereby a?ree j a;-, f cllc:: 20M 3U. �� L�l'1'ii'r•Cr,Ui• � ji Ea Z 31. 12 All 197q ! F. F rCkiim:R Kjosf- Panning Division �i FE�, FEB 2 4 1997 Vrovilie, California Cr CZ 11 FIRST: This Agreement is made and entered into pursuant to the I: 1 ';California Land Conservation Act of 1965 (Chapter 7 of Part 1 of Division 2 ::l of Title 5 of the Government Code of California commencing with Sec - 3 I'tion 51200) including Article 3.5 of said Act entitled "Agreements". b Ji SECOND: During the term of this Agreement, or any renewal thereof, 5 :the said property shall not be used for any purpose other than agricrltural 6 1''uses for producing agricultural commodities for commercial purposes, uses I 7 ;related to such purposes and uses compatible for such purposes, which uselbs B Aare set forth in Exhibit "A" attached hereto and incorporated herein by ,I 9 10 1:reference. ' THIRD: The Board of Supervisors of Count from time to time and Pe Y may 11 12 �3 I I'during the term of the Agreement or any extensions thereof, by resolution ;add to those compatible uzes authorized in the resolution establishing !the preserve within which the land is located; provided, however, said 14 'Board shall not eliminate, without the writLer, consent of Ouner, a compatible �5 I use during the term of this Agreement or any renewals thereof. The provisions 16 I:of this Agreement and any resolution supplementing the uses listed in 17 ;Exhibit "A4' is not intended to limit or supereode the planning and zoning i ld ;powers of the County. 19 FOURTH: In the event an action is established in eminent domain i 20 for condemnation of all or a portion of subject property for a public or 21 quasi -public use as permitted under Section 51290 of the California 22 !Government Code, the terms of this Agreement shall be null and void as �3 of the date the action is filed; this Agroem3rit shall remain in full force i iand effect as to the rens :oder of subject pre; rty not so taken, unless r �5 such remaining land would no longer be eligible for Agreement under o Section 5:2142 o: the Cn:ifornia Govornmont Gcxdn. ;c; I ; J! 1 CV G V a s 1 2 3 4 5 6 7 8 9 10 11 12 13 1L 15 16 17 18 19 20 2.1. 22 23 25 26 =:7 A 9 30 31 32 • FIFTH: This Agreement shall be effective as of the day and year first above written and shall remain in effect for a period of ten (10) years therefrom. This Agreement shall be automatically renewed on the first day I of January of each year for a period of ton (10) years from the date of said renewal, unless notice of non renewal is given as provided in Section 51245 of the Government Code of California. SIXTH: The Owner understands that he is not entitled to any public funds by reason of the execution of this Agreement or any renewal thereof although the use thereof is limited as aforesaid. SEVENTH: Cancellation of this Agreement may only be affected pursuant to the provisions of Government Code Sections 51280 through 51286, except as otherwise provided herein; provided, however, that the consent of the Director of Agriculture of the State of California as provided for in Govern- ment Code Sections 51.282 and 51283 need not be obtained. EIGHTH: The Owner agrees that he, his successors and assigns.shall not divide by sale or gift the property which is the subject of this Agreement into a parcel under separate ownership having less than 6.n acres. NINTH: This Agreement shall run with the land described herein and shall be binding upon the heirs, successors and assigns of the Owner and County. TENTH: In the event of forced sale of lands subject hereto for the settlem:nt of a tax lien, thin Agreement is null and void as to such land actually sold for that purpose. No penalty as provided for in Paragraph Seven (7) shall be charged for a cancellation under this paragraph. ELEVENTH: This Agreement shall be cancelled without payments or public hearing if it is replaced by any other enforceable rostricti.on authorized by Article XXVIII of the California Constitution or wherever there is no operative ]nrislation imploirv3nting said Article with respect to assAssment prncti.ccs. •3- TWELFTH: The property of the Owner hereinabove referred to and to 1 which the provisions of this Agreemnnt apply is situated in the 2 County of Butte, State of California and is particularly described 3. as follows: 3cc 3pl Order No. 94739 D E S C R I P T I O N All that certain real property situate in the County of Butte, State of Calif- ornia, described as follows: PARCEL 1: All that portion of the South half of the Northwest quarter; and the Southwest quarter of Section 3, Township 20 North, Range 3 East, M.D.B: & M., lying South and West of the Oroville-Magalia Road, known as the Clark Road, as the same ex- isted June 18, 1943. EXCEPTING THEREFROM that portion conveyed in the Deed from G and M Ranches, a corporation, to the County of Butte, dated February 7, 1963 and recorded March 14, 1963 in Book 1232 of Official Records, at page 671, records of Butte County, Cal- ifornia. PARCEL 2• The East half of Lot 1 of the Northeast quarter, being the Southeast quarter of the Northeast quarter; the Southeast quarter; and the East half of the Southwest quarter of Section 4, Township 20 North, Range 3 East, M.D.B. b M. PARCEL 3: The East half; the Southeast quarter of the Northwest quarter; the Northeast quarter of the Southwest quarter; and the South half of the Southwest quarter of Section 5, Township 20 North, Range 3 East, M.D.B. b M. PARCEL 4: All that portion of the Northeast quarter of the Northeast quarter of Section 7, Township 20 North, Range 3 East, M.D.B. b M., lying Northerly and Easterly of the State Highway, formerly known as the Oroville-Chico County Road, as the same ex- isted June 18, 1943. PARCEL 5: All that portion of Section 8, Township 20 North, Range 3 East, M.D.B. b M., lying Northerly and Easterly of the State Highway, formerly known as the Oroville- Chico County Road, as the same existed June 18, 1943. PARCEL 6: The North half; the Northwest quarter of the Southeast quarter; and all that por- tion of the Southwest quarter of Section 9, Township 20 North, Range 3.East, M.D. B. & M., lying Northerly and Easterly of the State Highway, formerly known as the Oroville-Chico County Road, as the same existed June 18, 1943. PARCEL 7: The South half of the Southwest quarter; the Northwest quarter of the Southwest quarter; and all that portion of the North half of Section 10, Township 20 North, Range 3 East, M.D.B. b M., lying Westerly and Southerly of the Clark Road, as the same existed June 18, 1943. EXCEPTING THEREFROM all that portion lying Easterly of.the Westetly line of the land conveyed in the Deed from G, and M Ranches, a corporation, to the County of (continued) Order No. 94739 3cc 3p1 DESCRIPTION -continued continuation of Parcel 7 Butte, dated February 7, 1963 and recorded March 14, 1963 in Book 1232 of Offic- ial Records, at page 668, records of Butte County, California. PARCEL 8: The West half; the Southwest quarter of the Southeast quarter; the South half of the South half of the Northwest quarter of the Northeast quarter; the Southwest quarter of the Northeast quarter; the North half of the Northwest quarter of the Southeast quarter; all that portion West of Oroville-Pentz County Road, as the same existed in 1922 in the South half of the South half of the Northeast quarter of the Northeast quarter, and in the Southeast quarter of the Northeast quarter and in the North half of the Northeast quarter of the South- east quarter, all in Section 15, Township 20 North, Range 3 East, M.D.B. 6 M. EXCEPTING THEREFROM a parcel described as follows: Beginning at the West quarter corner of said Section 15, running thence North 00 19' 40" West along the West boundary line of said Section 15, 4.0 feet to a point in the Southwest boundary of the County Road, traversing said Section 15; thence South 33° 22' 20" East along said Southwes't boundary line, 75 feet; thence South 34° 47' 20" West 71.1 feet to a point in the West boundary line of said Section 15; thence North 00 19' 40" West along the West boundary line of said Section 15, to the point of beginning.. ALSO EXCEPTING THEREFROM a parcel containing 0.32 acres more or less, described in deed from Naomi Inman to County of Butte, recorded December 12, 1930 in Book 217 of Deeds, page 457, records of Butte County, California. ALSO EXCEPTING THEREFROM a 60 foot strip as described in deed from R. W. Campbell et al to County of Butte, recorded Apr11'13,1920 in Book "184" of Deeds, page 386, records of Butte County, California. ALSO EXCEPTING THEREFROM, a portion of Section 15, Township 20 North, Range 3 East M.D.B. b M., described as follows: Beginning at the intersection of the South line of said Section 15 with the West line of Clark Road; from which point the Southeast corner of said Section bears South 87° 37' East, 1358.56 feet distant; thence North 87° 37' West 117.71 feet along said South line; thence leave said Section line, along a non -tangent curve concave to the Southwest having a radius of 250.0 feet, through a central angle of 37° 21' 29" for a distance of 163.01 feet (the long chord bears North 67° 13' 48" West 160.14 feet); thence North 40° 42' 11" West 46.15 feet; thence North 11° 54' 16" East 88.08 feet; thence South 86° 07' East, 289.15 feet to a. -point in said West line of Clark Road; thence South 3° 53' West 168.86 feet to the point of beginning. ALSO EXCEPTING THEREFROM all that portion of Section 15, Township 20 North, Range 3 East, M.D.M. conveyed in Deed from Gerald V. Openshaw and Phyllis M. Openshaw husband and wife to the State of California, dated June -24, 1958 and recorded December 3, 1958 in Book "968" of Official Records, page 524, records of Butte County, California. (continued) Order No. 94739 3cc 3pl DESCRIPTION - Continued continuation of Parcel 8 ALSO EXCEPTING THEREFROM all that portion of said Section 15, lying Easterly of the Easterly boundary of the land conveyed in the deed to the State of California, dated June 24, 1958 and recorded December 3, 1958 in Book 968 of Official Records, at page 524, records of Butte County, California. ALSO EXCEPTING THEREFROM all that portion of said Section 15, conveyed in the Deed from Gerald Openshaw to the State of California, dated October 3, 1961 and recorded May 23, 1962 in Book 1181 of Official Records, at.page 672, records of Butte County, California. PARCEL The Southeast quarter of the Northeast quarter of Section 21,'Township 20 North, Range 3 East, M.D.B. b M. PARCEL 10: All that portion of the North half of Section 22, Township 20 North, Range 3 East, M.D.B. 6 M., lying Westerly of the West line of the State Highway Route 87, as the same existed September 16, 1964. EXCEPTING THEREFROM the following two (2). parcels of land: (a) Commencing at a stake at the southwest corner of Section 14, said Township and Range; thence South 56° 30' West 1575.0 feet to an iron pipe in a fence line on the Westside of the Oroville-Chico State Highway for the true point of beginning; thence from said true point of beginning, South 59° 19' West, 751.0 feet to an iron pipe; thence South 640 40' East 673.0 feet to an iron pipe; thence North 58° 22' East 142.5 feet to an iron pipe; thence North 300 17' East 229.8 feet to an iron pipe in the fence line on the Westerly side of the Oroville-Chico Highway; thence North 30° 17' East 38.0 feet to the centerline of said State Highway; thence along said centerline North 25° 04' West, 427.8 feet; thence South 590 19' West, 43 feet more or less, to the point of beginning. (b) Commencing at a point in the southwesterly boundary line. of the Oroville-Chico Highway from which point the Northeast corner of said Section 22 bears North 240 23' East a distance of 1936.09 feet; thence South 321 42' East along the Southwesterly boundary line of said Highway, a distance of 567.76 feet; thence South 580 07' West a distance of 20 feet; thence South 310 53' East a distance of 445.88 feet to the East and West center line of said Section 22; thence leaving said boundary*of said Highway South.89` 25'. Nest along the East and West center line of said Section 22, a distance of 1075.3 feet; thence North 90 53' West a distance of 468.0 feet; thence North 56° 32' East, a distance of 755.90 feet to the point of beginning. ALSO EXCEPTING THEREFROM all that portion lying Northeasterly of the following described line: Beginning at a point, distant South 19°51'24" West, 2349.93 feet from the North- east corner of said Section 22, said point also being 119.40 feet Westerly, mea-' tea. sured at right angles from the "B2" line at Engineer's Station "B2" 312+83.32 of the Department of Public Works' 1956 Survey from Oroville to Jarbo Gap, Road III - But -21-B; thence from a tangent that bears North 35°11'33" West, along a curve G to the left, with a radius of 1435.0 feet, through an angle of 18°00'44", an arc Q length of 451.12 feet; thence North 53°12'17" West, 455.26 feet; thence along a curve to the right with a radius of 1500.0 feet, through an angle of 63°20'46", an arc length of 1658.40 feet to a point that is 80.0 feet Westerly, measured at right angles from the "B3" line, at Engineer's Station "B3" 337+00.00 of the aforesaid Survey. f. 3cc 3pl Order No. 94739 DESCRIPTION - Continued PARCEL 11: The North 641.0 feet of Section 4, Township 19 North; Range 3 East, M.D.B. & M. EXCEPTING THEREFROM any portion within the boundaries of the West half of the West half of said Section 4. PARCEL 12• The East half; the East half of the Southwest quarter; the East half of the Northwest quarter; and the Northwest quarter of the Northwest quarter of Section 13, Township 20 North, Range 3 East, M.D.B. & M. 0 • IN WITNESS HEREOF, The Owner and County have executed this Agreement the day and year first above written. COUNTY E �j BY�e-�[./c 'i kLUT man of the Bo of 6visors ATTEST: Clark Nelson, County Clerk and Ex Officio Clerk of the Board of Supervisors by CI }t, Y1 Deputy Clerk ft G V cz 41 1 2 3 4 5 6 7' 8 9. 10 11 12 13 iLJ 15 16 17 18 19 20 21 22 23 II e 1. 2. 3• 4. '5. FAHIBIT "A° I ETIMA USES Single family dwelling as provided in C-1, C-2 or C-3 above, I provided, however, that variances may be recommended by the committee i to the Board of Supervisors in cases of hardship. i General farming, horticulture, commercial livestock, commercial poultry I production, warehousing and storage. Accessory buildings and uses pertinent to the permitted uses including agricultural processing plants. Housing facilities (including trailers) to accommodate only agricultural i employees and thsir families employed by the owner or operator of the premises and provided further that such housing facilities shall be considered accessory to the main building. i A stand or a display for sale of agricultural commodities produced on the premises. Sales of products produced off the premises provided I that the sale of such products is incidental and secondary to the i sales of agricultural products produced on the premises. Compatible uses: a. The :.drilling for hydrocarbon, including the installation and 'use of such equipment, structures and facilities as are necessary or convenient. b. Public utility and public services, including structures, uses and buildings. i c. Airport or aircraft landing facilities. d. Farm labor camps. I e. Any other use determined to be a compatible use in all agricultural ' preserves by the Board of Supervisors after public haaring on ten (10) days publisbod notice and such other notice if any as they may specify. And after, such use be deemed a compatible use in any agricultural proserve. 7. Other uses: I i a. .Sand and graval operation subject to the securing., of a use permit j I approved by tho Count-. b, iiines, mineral extraction, and quarries in Agricultural Preserve ! o Number 7, 8 and 9. 1_- 00 CG I C, M. MP STATE OF CALIFORNIA ) as. 1 County of Butte ) 2 On this --� 7 qday ofd . c �-4 194, before me 3 2J, ItA., �* d yAz2L,, C'.,., 1:, , Notary Public in and for the said 4 County and State, residing therein, duly commissioned and bworn,personally 5 appeared , {moan to me to be the Chairman 6 of the Board of Supervisors of the County of Butte, that executed the within 7 Agreement and acknoAdedged to me that said County of Butte did execute the 8 same. 9 IN WIT14ZSS laMEOF, I have hereunto set my hand and affixed my official 10 seal the day and year in this Certificate first written above. 11 ,' « OFFICIAL Stu MARY K. DeFRANCISCO 1 i 12I D tI'• y NOTARY P!'OLIC . CALIFORNIA FRINrIrAL OTIICE III SURE COUNTY v MT c....,a..,d, oT+,.. J.. Is, wn NOTARYPOBLIC in and for said 3 - County and State STATE of CALIFoaNiA, 1 ss. County of Butte ) ON Tins 30th day of July A. D., 19 73, before me, Barbara M Gritam a Notary Public in and for said County and State, personally appeared �raid ORtnshow known to me to be the Trred uunNunuuunlnuuaNnlnllnlllululnoou■ of the G £ M Rannhes- nenrpnrated C BARBARA NL GRIMM the Corporation that executed the within Instrument, known to me to be the NOTAI!1' ruuuc — r.%uroRNIA g person who executed the within Instrument, on behalf of the Corporation, therein �7+ BU ITL cou;a 1'Y � named, and acknowledged to me that such Corporation executed the same. My Commllllon 8xplre/ September 9, 19T YIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII/1111111111/111 IN WrrNEss WHEREOF, I have hereunto set my hand and affixed my official seal the day and year iIn this certificate first above IllwLy ten..�CG�_._ ... Notary Public in and for+atd County and State. The UTILITY Lino Tom No. 776 ACKNOWLEDGMENT—CORPORATION 11 -4-i .,.... `"•^J ...• J" A+. u.,- vw..,..AASA— ..v I NO1'AR1 PUBLIC in and for said County card State i My Commission expires: i G r� F -- V Y T( r GiMO OF DOCUMENT May 27, 1997 Myron Openshaw & Michele Weaver 2132 Table Mountain Boulevard Oroville, CA 95965 RE: Use Permit, AP#041-150-042 File No. UP 97-22 Dear Mr. Openshaw and Ms. Weaver: Eatte Count DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916) 538-7765 On February 24, 1997, our office received an application for a Use Permit accompanied by a deposit in the amount of $700.00. Your project is being processed by our staff on a "real time" billing basis. To date your project has incurred charges totaling $761.25. Butte County Code, Sec. 3-44 © states, in part, "When the initial deposited funds are depleted to an amount equal to twenty-five (25) percent of the original deposit, no additional processing of the application will occur until the applicant deposits with Butte County sufficient funds to restore a balance equal to the amount of the initial deposit'. Due to the complexity of your project, processing to date has exceeded your initial deposit by $61.25. To continue the processing of your project we will require that a check in the amount of $361.25 be mailed or delivered to our office. on or before June 10, 1997. This amount should cover processing of your application through the final stage. If you have any questions, please contact Brian Larsen Monday through Thursday between the hours of 8:00 a.m. and 4:00 p.m. Thank you for your cooperation. Sincerely, Thomas A. Parilo Director of Development Services TAP:jb Project: Openshaw\Weaver UP, File # UP 97-22 COUNTY OF BUTTE INITIAL STUDY EVALUATION OF ENVIRONMENTAL IMPACTS I. BACKGROUND: 1. Name of Proponent: Myron Openshaw & Michele Weaver, 2. Address: 2132 Table Mountain Blvd., Oroville, CA 95965 Phone: (916) 533-1907 3. Name of Proposal, if applicable: 4. Type of Project: Use Permit 5. Project Description and Location of Parcel: This project is a use permit for a large and small animal veterinary clinic. The 318 acre parcel is zoned U (Unclassified) and S -H (Scenic Highway), and is designated by the Butte County Land Use Element Map as Grazing/Open Land. The project is located on the west side of Clark Road (State Route 191), approximately 700 ft. north of Highway 70. The proposed project will take up approximately 3 acres of the 318 acre parcel and is located in the U zone. The proposed clinic will consist of two structures: a 2,400 sq. ft. building that will hold the clinic and an animal husbandry business, and a 1,440 sq. ft. barn that will hold large animals. The clinic will operate Monday through Saturday, with tentative hours of 9:00 am to 6:00 pm. The clinic will employ approximately six people. The project site has been developed with a barn and corrals, and a well, and is used for livestock grazing. The project site is relatively level, and consists of open grasslands, with scattered oak trees. Several small, seasonal drainages are found on the project site. Sewage will be disposed of via an on-site septic tank/leachfield system. Domestic water will be obtained from an on-site well. The project site has a moderate to extreme fire hazard and a moderately high archaeological sensitivity. Additional project description and area description can be found in the data sheet at the end of this document. 6. Assessor's Parcel Numbers: APN 041-150-042 7. Date Checklist Submitted: April 29, 1997 II. DETERMINATION: On the basis of this initial evaluation: ❑ 1 find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ® I find that although the proposed project COULD have a significant effect on the environment, there will NOT be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION with mitigation(s) will be prepared. ❑ I find that the proposed project COULD have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ■ Butte County Department of Development Services ■ Project: Openshaw\Weaver UP, File # UP 97-22 Complete by: Stephen Betts, Assistant Planner P-4, � �X � . , Review y: Craig Sander, Senior Planner i S/5Z2-% Date S/s/qy Date 111. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below could be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Land Use and Planning ® Transportation/Circulation ❑ Public Services ❑ Population and Housing ® Biological Resources ❑ Utilities & Service ❑ Geophysical ❑ Energy and Mineral Resources ❑ Systems Aesthetics ❑ Water ❑ Hazards ® Cultural Resources ❑ Air Quality ❑ Noise ❑ Recreation EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except 'No Impact' answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect is significant if there are one or more "Potentially Significant Impact' entries when the determination is made, an EIR is required. 4) Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially 'Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly. explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analysis," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in a earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses are discussed in Section XVII at the end of the checklist. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement -is substantiated. A source list should be attached, and other sources used or individuals ■ Butte County Department of Development Services ■ 2 0 Project: Openshaw\Weaver UP, File # UP 97-22 s • Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact contacted should be cited in the discussion. IV. ENVIRONMENTAL IMPACTS: 1. LAND USE AND PLANNING. Would the proposal. a) Conflict with general plan designation or zoning? b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? c) Be incompatible with existing land use in the vicinity? d) Affect agricultural resources or operations (e.g., impacts to soils or farmlands, or impacts from incompatible land uses)? e) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? X X X X X Response: The project parcel is 318 acres in size, and is zoned U (Unclassified) and S -H (Scenic Highway). The veterinary clinic will be located in the U zone. The Land Use Element Map of the Butte County General Plan designates the project site as Grazing/Open Land. The veterinary clinic use will take up approximately 3 acres of the project parcel, including the area needed for parking, which is slightly less than 1% of the project parcel. The loss of grazing land due to this project is minimal and will not have an impact on the overall grazing use of the property. The Butte County Agricultural Commissioner has stated that this project does not have any significant agricultural issues. The Unclassified zone allows, with a use permit, a small animal hospital and other commercial uses. The Grazing/Open Land general plan designation allows animal husbandry as a primary use, and agricultural support services as a secondary use. Surrounding parcels are zoned U to the north, south, east, and west. One parcel to the southeast, across Clark Road, is zoned C-2 (General Commercial). The area 300 ft. from the centerline of Clark Road is zoned S -H (Scenic Highway). Surrounding land use is livestock grazing and rural residential. The Field of Dreams is located approximately .3 miles north of the project site. A Land Conservation Agreement (LCA) affects the property, which requires a minimum parcel size of 160 acres. This project will not result in a parcel split or cancellation of the LCA on the property. Exhibit °A° of the LCA allows only certain specific uses on the property. A veterinary clinic is not ■ Butte County Department of Development Services ■ 3 Project: Openshaw\Weaver UP, File # UP 97-22 • Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated Less Than Significant No Impact Impact Wressly permitted in Exhibit IA'. however, agricultural -related uses are allowed. The veterinary clinic will provide care for large animals, such as livestock, and as such can be found to be an agriculturally -related use. However, the proposed use will be for both large and small animals. The use of the veterinary clinic for small animals may not be compatible with the intended uses found in the Land Conservation Agreement for the project site. Mitigation: None required. 2. POPULATION AND HOUSING. Would the proposal. a) Cumulatively exceed official ,regional or local population projections? X b) Induce substantial growth in an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? X c) Displace existing housing, especially affordable housing? X Response: The proposal will result in an increase in the daytime activity of the project site. No dwelling units are proposed with this project, but under the current zoning, a single family dwelling unit could be placed on the project site. 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? f) Subsidence of the land? g) Expansive soils? h) Unique geologic or physical features? 11 X X X X X X ■ Butte County Department of Development Services ■ 4 Project: Openshaw\Weaver UP, File # UP 97-22 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact Response: All of Butte County is classified as a Moderate Earthquake Intensity Zone Vlll and potential ground shaking is possible. The Butte County Seismic Safety Element Map indicates that no known faults are located near the project site. Construction of any future buildings on the project site to Uniform Building Code standards will provide adequate protection to occupants in case of seismic activity. This proposal will result in some soil disruption, displacement, compaction and overcovering of the site as a result of development of new structures, driveways, leachfields, and landscaping. Overcovering will represent a very minor percentage of the property. All grading associated with residential construction will also be subject to the requirements of Chapter 70 of the Uniform Building Code. Based on this information the project will not result in significant soil impacts. The project site is relatively level, and several small, seasonal drainages traverse the site. The soils on the project site are considered to have a very high erosion potential, and the project site receives an average rainfall of 30 inches per year. No significant impacts are expected to occur with respect to erosion due to construction impacts on the 3 -acre building site. However, the Butte County Department of Public Works is requiring that a drainage plan that shows how drainage is to be conveyed off of the project site be submitted and approved prior to issuance of building permits. 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? X X X ■ Butte County Department of Development Services ■ 5 X X EI • Project: Openshaw\Weaver UP, File # UP 97-22 g) Altered direction or rate of flow of groundwater? h) Impacts to groundwater quality? s Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact X X Response:The project site is not located in a flood zone as designated on the FEMA Flood Insurance Rate Map for the project area. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff are effected to be minimal because the amount of impervious surfaces that will be created as a result of this project is insignificant when compared with the overall size of the parcel. The two structures, parking lot, and driveways that will be constructed as a result of this project will increase the amount of runoff from the site but it will be minimal and will not have a significant impact. Domestic water for the veterinary clinic will be obtained from an on-site well. The Butte County Environmental Health Division has indicated that the groundwater supply on the project site will supply ample water for the proposed use. The amount of water that will be used by the veterinary clinic will not have a significant impact on the groundwater quantity or quality. Mitigation: None required. 5. AIR QUALITY. Would the proposal. a) Violate any air quality standard or contribute to an existing or projected air quality violation? X b) Expose sensitive receptors to pollutants? X c) Alter air movement, moisture, or temperature, or cause any change in climate? X d) Create objectionable odors? X Response: The proposal will not significantly affect air quality. The proposed use will generate more vehicle traffic then the area currently experiences. However, air quality will not be impacted because the amount of vehicle traffic generated by the proposed use will be very minimal, approximately 52 vehicle trips per day. The proposed use may actually reduce the amount of air pollutants in Butte County because people will no longer have to travel long distances to obtain the services that the veterinary clinic will offer. In addition, the proposal will not create objectionable odors, smoke or fumes. Only large projects such as the construction of a large high-rise buildings, the creation of a large water body (such as a lake or thousands of acres of rice fields), massive defoliation, or introduction of large tracts of vegetation where there was previously. none, would have the climactic effects discussed in this question. Since this project has none of these characteristics it will not result in any change in air movement, moisture, temperature, or climate. ■ Butte County Department of Development Services ■ 11 u Project: Openshaw\Weaver UP, File # UP 97-22 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact Wastes from the animals will be transported to the Neil Road Landfill for disposal, so no objectional odors will be created. Mitigation: None required. 6. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? X b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? X c) Inadequate emergency access or access to nearby uses. X d) Insufficient parking capacity onsite/ offsite? X e) Hazards or barriers for pedestrians or bicyclists? X f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? X g) Rail, waterborne or air traffic impacts? X h) Substantial impact upon existing transportation systems, including public transportation services? X Response: The applicants estimate that they will see approximately 15 to 20 clients per day. This will generate appro)dmately 40 vehicle trips per day. In addition, the applicants estimate that they will have approximately 6 employees, which will generate appro)dmately 12 vehicle trips per day. The total number of vehicle trips that will be generated by the veterinary clinic use will be approximately 52. This amount of vehicle traffic will not significantly impact the level of service of Clark Road, which currently has a level of service of B (Butte County Master Environmental Assessment, May 20, 1996). The legal speed limit on this section of Clark Road is 55 MPH. There is good sight vision of Clark Road in both directions from the project site, so vehicles turning onto Clark Road from the project site are able to see a long distance along Clark Road. Traffic turning left off of Clark Road into the clinic may temporarily impede north bound traffic on Clark Road if the left -turning vehicle is unable to immediately make the left turn. Some of these vehicles ■ Butte County Department of Development Services ■ 7 E Project: Openshaw\Weaver UP, File # UP 97-22 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact may be pulling a trailer containing a large animal, so they may require a long waiting time in order to safely make a left tum. There is insufficient paved surface for vehicles to pass to the right of a vehicle turning left into the veterinary clinic and may have to come to a complete stop until the vehicle turning left can complete the turn. In order to reduce impacts to traffic on Clark Road, a mitigation of this project will require that prior to commencement of any activity on-site, the applicant shall install an 8 ft. wide paved shoulder on the opposite side of the highway from any new road approaches to allow for drivers to legally pass vehicles on the right side. Construction shall meet Caltrans standards. Caltrans comments on this project indicate that the proposed use will not cause a significant impact to State Road 191 (Clark Road). Caltrans is requesting that the proposed paved driveway should be redesigned so it is perpendicular to State Route 191, that any driveways should be constructed to a standard commercial approach, that preliminary plans should be reviewed by Caltrans, an Encroachment Permit from Caltrans is required for any work in the State right-of-way, and that hydrology and hydraulic calculations will be required with the Encroachment Permit application. This requests will be made conditions of the use permit. Mitigation #1: Prior to commencement of any activity on-site, install an 8' wide paved shoulder on the opposite side of the highway from the new road approaches to allow for drivers to legally pass vehicles waiting to make a left tum. Construction shall be pursuant to Cal Trans standards. 7. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds)? X b) Locally designated species (e.g. . heritage trees)? X c) Locally designated natural communities (e.g. oak forest, etc.)? X d) Wetland habitat (e.g. marsh, riparian and vernal pool)? X e) Wildlife dispersal or migration corridors? X Response: Vegetation on the 318 acre project parcel consists mostly of open areas of annual grasses and scattered oak trees. The project site does not contain any wetland habitat. No rare plants are indicated as being on this property per the Areas of Special Biological Importance (ASBI) maps prepared by the California Department of Fish & Game in areas of special biological importance. The project parcel contains scattered oak trees, and there is a stand of eleven oaks that will be located next to the site of the proposed veterinary clinic. The proposal could result in an incremental ■ Butte County Department of Development Services ■ Project: Openshaw\Weaver UP, File # UP 97-22 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact reduction in Oak Woodland habitat. This habitat is considered important because it provides most of the life sustaining requirements needed by numerous animal species. There has been significant cumulative losses of oak woodlands in California due to residential, commercial, and other development projects. The applicant has stated that they intend to save the eleven oaks. In order to preserve these trees, a mitigation of this project will prohibit the removal of this stand of eleven oak trees. In addition, measures will be required to be taken to prevent damage to this stand of oak trees during development activities. Mitigation # 2: Retain the group of eleven'(11) oak trees located next to the proposed veterinary clinic as shown on the site map. Mitigation # 3: Prior to the commencement of grading and/or construction activity, the group of eleven (11) oak trees located next to the proposed veterinary clinic as shown on the site map 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. 8. ENERGY AND MINERAL RESOURCES. Would the proposal. a) Conflict with adopted energy conservation plans? X b) Use non-renewable resources in a wasteful and inefficient manner? X c) Conflict with the extraction of identified, significant mineral resources? X Response: This project will allow for the construction of a 2,400 sq. fr. veterinary clinic. For the short term, the use of energy will be limited to that fuel needed to operate the machinery required to construct a driveway to serve the clinic, prepare the site, and construct the clinic. For the long term, energy will be required to heat, cool, and light the clinic. This energy use will occur regardless of the location of the clinic and is really a function of the continued population growth in Butte. County and California. Much of the electricity used in Butte County is generated by hydro -electric power plants and is considered a renewable source of energy. The project site does not contain any significant mineral 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, ■ Butte County Department of Development Services ■ Project: Openshaw\Weaver UP, File # UP 97-22 Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated 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? Less Than Significant No Impact Impact R- X X X X Response: The proposal will not involve significant use of hazardous materials, nor is located close to any facilities which store or utilize such materials. Wastes from the animals being seen by the veterinary clinic will be disposed of at the Neil Road Landfill, and will not create a health hazard. The proposed use will not create any other health or potential health hazard. The proposed use will not interfere with any emergency or evacuation plans. The proposal will not increase the fire hazard in the project area. Mitigation: None required. 10. NOISE. Would the proposal result in: a) Increases in existing noise levels? X b) Exposure of people to severe noise levels? X Response:. The proposed project will result in a minor increase in the project area due to the additional vehicle traffic that will be generated by the project. However, this increase will not be significant. The project will not expose people to severe noise levels. People on the project site will be exposed to high short-term noise levels fiom vehicles traveling on Clark Road, but because the clinic will be located over 300 ft. from Clark Road, this noise will not be significant. No dwelling units are proposed for this project, so the noise from Clark Road will not interfere with any residential use of the project site. Mitigation: None required. 11. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? b) Police protection? c) Schools? ■ Butte County Department of Development Services ■ 10 X F4 • Project: Openshaw\Weaver UP, File # UP 97-22 d) Maintenance of public facilities, including roads? e) Other governmental services? Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact X X Response: The project is located in an area with a moderate to extreme fire hazard. The nearest fire station is located approximately 2.5 miles north of the project site, adjacent to Butte College. The proposal will result in an incremental increase in demand for fire protection in the area. The Butte County Fire Department/California Department of Forestry has stated that all new structures constructed on the project site shall conform with the latest California Fire Safe Regulations and all other applicable State and County codes, ordinances and regulations. The Fire Department has also stated that building identification and/or addresses shall be installed in accordance with Public Resources Code 4290. Both of these requirements will be added as conditions of approval. This project will not cause a significant impact to other public services, such as recreation and sheriff services because the proposed use will not result in the creation of a use that requires such services. There may be an increase in road maintenance of Clark Road because of the increase in vehicle traffic generated by the veterinary clinic. However, the increase will be minor and will not have a significant impact on road maintenance. The proposal will not result in an incremental increase in demand for school services in the area because the proposed use will not result in new dwellings units being constructed. 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: Electrical power lines already extend onto the project site, and telephone lines are adjacent to the project site. The cost of extending these services to the veterinary clinic site may have to be borne by the applicant. Cun ent/y, the Butte County Landfill has capacity to serve the proposed use. There is no mandatory ■ Butte County Department of Development Services ■ 11 • Project: Openshaw\Weaver UP, File # UP 97-22 i Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact garbage pick-up service required in the rural areas of the County. Wastes from the animals seen at the veterinary clinic will be disposed of at the Neil Road Landfill. Sewage disposal for the clinic will be handled via an on-site septic tank and leachfield system. The proposal will have to meet the requirements of the Butte County Environmental Health Division and the Butte County Subdivision Ordinance. The Butte County Environmental Health Division has indicated that there is ample area and soil for a sewage disposal system. 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: Clark Road is a designated County Scenic Highway, and the area extending 350 ft. in both directions from the centerline of Clark Road is zoned Scenic Highway. The veterinary clinic will not be located within the 350 ft. Scenic Highway zone. The clinic building will be of a western architectural design, and will not create a negative aesthetic effect. Night lighting may be installed on the project site for safety and security reasons. These lights have the potential to create excess light or glare, which have the potential to impact night time vehicle movements on Clark Road and to cause an aesthetic impact. in order to reduce this impact, all outside lights on the project site will be required to utilize cut-off shielding so that no direct illumination will leave the project site. Mitigation # 4: All outside lighting shall utilize cut-off shielding so that no direct illumination will leave the project site. 14. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? X b) Disturb archaeological resources? X c) Affect historical resources? X d) Have the potential to cause a physical change which would affect unique ethnic cultural values? X e) Restrict existing religious or sacred uses within the potential impact area? X Response: The project parcel has a moderately high archeological sensitivity which indicates that ■ Butte County Department of Development Services ■ 12 • Project: Openshaw\Weaver UP, File # UP 97-22 • Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact there is a chance that historic or pre -historic archaeological sites or artifacts could be located on the project site. An archeological survey is not warranted due to the sensitivity of the project site. However, the potential exists that an archeological site could be uncovered during development activities. A mitigation of this project will require that if any historic or prehistoric artifacts are uncovered during development activities, all work shall stop and the Butte County Planning Division notified. Mitigation # 5: During construction, should any archaeological artifacts be discovered, the Butte County Planning Division shall be notifier) 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 not occur without Planning Division approval. 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: The proposal will not result in a demand for park and recreation facilities in the area nor will it affect existing recreational opportunities. 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 major periods of California history or prehistory? X b) Does the project have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals? X ■ Butte County Department of Development Services ■ 13 • Project: Openshaw\Weaver UP, File # UP 97-22 c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects). d) Does the project have environmental effects which will cause substantial adverse effects on human being, either directly or indirectly? • Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact X X ResponseAs discussed in Section 4, Subsections 6, 7,13, & 14 of this document, this proposal may have a significant impact on traffic circulation, reduce oak tree habitat on the project she, may create a significant amount of light or glare, and may have a significant impact to archaeological resources on the project site, but the impacts of this project can be mitigated to a1evel of insignificance by the incorporation of stated mitigation measures as part of the project approval. V. MITIGATION MEASURES AND MONITORING REQUIREMENTS: 1. Prior to commencement of any activity on-site, install an 8' wide paved shoulder on the opposite side of the highway from the new road approaches to allow for drivers to legally pass vehicles wafting to make a left turn. Construction shall be pursuant to Cal Trans standards. 2. Retain the group of eleven (11) oak trees located next to the proposed veterinary clinic as shown on the site map. 3. Prior to the commencement of grading and/or construction activity, the group of eleven (11) oak trees located next to the proposed veterinary clinic as shown on the site map 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. 4. All outside lighting shall utilize cut-off shielding so that no direct illumination will leave the project site. 5. During construction, should any archaeological artifacts be discovered, the Butte County 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 ■ Butte County Department of Development Services ■ 14 • Project: Openshaw\Weaver UP, File # UP 97-22 • Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated Less Than Significant No Impact Impact Planning Division, and recommended clearance to continue. Recommencement of construction shall not occur without Planning Division approval. DATA SHEET A. Project Description 1. Type of Project: Use Permit for a veterinary clinic. 2. Proposed Density of Development: One commercial structure on a 318 acre parcel. 3. Amount of Impervious Surfacing: Minimal. 4. Access and Nearest Public Road(s): The parcel fronts on Clark Road (SR 191). 5. Method of Sewage Disposal: On-site septic/leachfield system. 6. Source of Water Supply: Individual on-site well. 7. Proximity of Power Lines: Electrical power is already established on the project site. 8. Potential for further land divisions and development: The current Unclassified zoning, the parcel could be split into 20 acre parcels, but under the General Plan designation of Grazing/Open Space, the minimum parcel size would be 40 acres. B. Environmental Setting 1. Terrain a General Topographic Character: Valley/foothill transitional area. Gentle slopes. b. Slopes: Average of 1 % to 10%. C. Elevation: 260 to 300 feet above sea level. d. Limiting Factors: None. 2. Soils a. Types and Characteristics: Vina Stony Loam - typically 10 to 20 inches thick with stones occurring in variable quantities, friable, porous, and feebly granular, retains moisture rather poorly. Corning gravelly sandy loam - 10 to 20 inches thick, and contains a high percentage of gravel, poor drainage. b. Limiting Factors: Exposed soils may be easily eroded. 3. Natural Hazards of the Land a. Earthquake Zone: Moderate Earthquake Intensity Zone VIII. b. Erosion Potential: None to moderate. C. Landslide Potential: None. d. Fire Hazard: Moderate to extreme. e. Expansive Soil Potential: Low. 4. Hydrology a. Surface Water: Several small, seasonal drainages. b. Ground Water: Unknown, potentially limited. C. Drainage Characteristics: The parcel generally drains to west. d. Annual Rainfall (normal): 30 inches per year. e. Limiting Factors: Potentially limited ground water. 5. Visual/Scenic Quality: Good. 6. Acoustic Quality: Good. 7. Air Quality: Good. 8. Vegetation: Site is predominantly open grassland with scattered oak trees. 9. Wildlife Habitat: The entire area serves as habitat to a variety of plants and animals, including ■ Butte County Department of Development Services ■ 15 Project: Openshaw\Weaver UP, File # UP 97-22 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact deer. 10. Archaeological and Historical Resources in the area: Moderately high archaeological sensitivity area. 11. Butte County General*Plan designation: Grazing/Open Land. 12. Existing Zoning: U (Unclassified) & S -H (Scenic Highway). 13. Existing Land Use on-site: Livestock grazing, open space, barn, corrals. 14. Surrounding Area: a. Land Uses: Rural residential, livestock grazing, open space. b. Zoning: U, S -H, C-2. . C. Gen. Plan Designation: Low Density Residential, Commercial d. Parcel Sizes: 4.25 to 635 acres. 15. Character of Site and Area: Valley/foothill transitional area. 16. Nearest Urban Area: Oroville to the south, Paradise to the north. 17. Relevant Spheres of Influence: None 18. Improvement Standards Urban Area: None. 19. Fire Protection Service: a. Nearest County (State) Fire Station: Station # 25, approximately 2.5 miles away. b. Water Availability: Fire tankers. 20. Schools: Union School District(s): Oroville Union High and Golden Feather Union School Districts. ENVIRONMENTAL REFERENCE MATERIAL 1. Butte County Planning Department. Earthquake and Fault Activity Map 11-1, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 2. Butte County Planning Department. Liquefaction Potential Map 11-2, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 3. Butte County Planning Department. Subsidence and Landslide Potential Map 111-1, Safety Element. Oroville, CA CH2M Hill, 1977. 4. Butte County Planning Department.. Erosion Potential Map 111-2, Safety Element. Oroville, CA: CH2M Hill, 1977. 5. Butte County Planning Department. Expansive Soils Map 111-3, Safety Element. Oroville, CA: CH2M Hill, 1977. 6. Butte County Planning Department. Noise Element Map IV -1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 7. Butte County Planning Department. Scenic Highways Map V-1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 8. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4, Safety Element. Oroville, CA: CH2M Hill, 1977. 9. Butte County Planning Department. Archaeological Sensitivity Map. Oroville, CA: James P. Manning, 1983. 10. Butte County Planning Department. School District Map. Oroville, CA. 11. Northwestern District Department of Water Resources. Chico Nitrate Study Map, Nitrate Concentration in Shallow Wells. The Resources Agency, State of California, 1983. 12. Butte County Board of Supervisors. Agricultural Preserves Map, established by Resolution No. 67-178. Oroville, CA: Butte County Planning Department, 1987. 13. National Flood Insurance Program. Flood Insurance Rate Maps. Federal Emergency Management Agency. 1989. ■ Butte County Department of Development Services ■ 16 Project: Openshaw\Weaver UP, File # UP 97-22 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact 14. USGS Quad Maps. 15. Soil Map, Chico (1925)/Oroville (1926) Area. United States Department of Agriculture. 16. Soil Survey of Chico (1925)/Oroville (1926) Area. United States Department of Agriculture. 17. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Butte County Fire Department and California Department of Forestry, 1989. 13 K:\PROJECTS\UPC\OPENSHAW.UP\OPENSHAW.IS ■ Butte County Department of Development Services ■ 17 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916) 538-7785 May 6, 1997 Myron Openshaw and Michele Weaver 2132 Table Mountain Blvd. Oroville, CA 95965 Re: Use Permit for Myron Openshaw and Michele Weaver on APN 041-150-042, File No. UP 97-22 Dear Myron and Michele, The Butte County Planning Department 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 the recommended mitigation measures and contact me as soon as possible regarding your approval or disapproval of the mitigation measures. After reviewing the checklist, you may see ways to improve the project design. Design improvements to minimize problems are encouraged. If you note any errors or omissions in our evaluation, please bring them to our attention. 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., Monday through Thursday. Sincerely, Stephen R. Betts Assistant Planner Enc. cc: Michael Evans, One Nice Place, Oroville, CA 95966. K\PLANNING\PROJECTS%UPCIOPENSHAW. UPUS.LET - 45 �r u ecountq PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916) 538-7785 April 1, 1997 Myron Openshaw and Michele Weaver 2132 Table Mountain Blvd. Oroville, CA 95965 Re: Use Permit for Myron Openshaw and Michele Weaver on APN 041-150-042,. File # UP 97-22 Dear Myron and Michele, Enclosed please find copies of the comments we have received from other Butte County departments, and Caltrans, .regarding your application for a Use Permit. Please review these comments and the conditions that are requested as part of the project's approval. I hope to have the Planning Commission staff report for your project completed by the end of this week, a copy of which will be sent to you. Your project will be scheduled for a public hearing before the Planning Commission after I have completed the staff report. You will be notified of the date and time of this hearing. Should you have any further questions, please contact me between the hours of 8:00 a.m. and 4:00 p.m., Monday through Thursday. Sincerely, Stephen R. Betts Assistant Planner encl cc: Michael Evans, 1 Nice Place, Oroville, CA 95966 STATE OF CALIFORNIA -BUSINESS, TRANSPORTATION AIMJUSING AGENCY DEPARTMENT OF TRANSPORTATION DISTRICT 3 P.O. BOX 911 MARYSVILLE, CA 95901 TDD Telephone (916) 741-4509 FAX (916) 741-5346 Telephone (916) 741-4539 March 31, 1997 Mr. Steve Betts, Project Planner Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965-3397 Dear Mr. Betts: PETE WILSON, Governor IBUT027 03 -BUT -191 PM 0.25 Openshaw & Weaver/Look Ahead Vet Clinic UP97-22 Application Thank you for the opportunity to review and comment on the above referenced document. COMMENTS: The proposed paved driveway should be redesigned so it is perpendicular to State Route (SR) 191. This driveway should be constructed as a standard commercial approach with 25 foot radii, a minimum 30 foot throat width, 4 inches' asphalt concrete and 6 inches aggregate base. Preliminary plans should be submitted for Caltrans review. V An Encroachment Permit from Caltrans will be required for any work conducted in the State right of way. Hydrology and hydraulic calculations will be required with the Encroachment Permit application. The summary indicates that Clark Road is zoned as a County Scenic Route. Since SR 191 has not been included on the State List of Eligible Routes, is the County planning to. prepare a Resolution of Intent to request its designation as a State Scenic Highway? If you have any questions regarding these comments, please contact Terri Pencovic, Inter Governmental Review/CEQA Coordinator, at (916) 741-4199. Phonnirlg Division Sincerely, APR .0 11997 �' Orovill®, Califomia E. A. "LIB" HARMHT , Chief Office of Transportation Planning - Rural c:. Mr. Jon Clark, Butte County Association of Governments 0 BUTTE COUNTY Envlronmental Health . DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION FEB 2 5 1997 TO: Environmental Health 7 County Center Dave FROM: Butte County Planning Division Orovilte, Ca RE: Request for Comments. on.a Development.Application: Myron Openshaw & Michele Weaver, UP 97-22 DATE: February 25,r 1997':-; `' ' CONTACT PERSON: Steve Betts 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 Use Permit for a veterinary clinic on property zoned SH & U ( Scenic Highway. Unclassified) located on the west side of Clark Rd., approx. 700 ft. north of Highway 70, identified as APN 041- 150-042. ft 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 July 10, 1997. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN March 11. 1997. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. -COMMENTS(A f ch additional -pages if necessary): IT N-7 g2 By: Date: G k:Vorms\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: LAFCo FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Myron Openshaw & Michele Weaver, UP 97-22 DATE: March 4,1997 CONTACT PERSON: Steve Betts 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 Use Permit for a veterinary clinic on property zoned SH & U ( Scenic Highway. Unclassified) located on the west side of Clark Rd.. approx. 700 ft. north of Highway 70, identified as APN 041- 150-042. It is within Supervisorial District No.4. -TPA 116 ba d - In L_cA THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON July 10, 1997. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN March 18, 1997. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. By: 9 k:\forms\comment.frm (Rev. 01-29-97 cbs) P'c' Ing Division MAR 3 1 1.QQ7 . Orovilis cai., 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 0 1 6 19 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Agricultural Commission FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Myron Openshaw & Michele Weaver, UP 97-22 DATE: March 4,1997 CONTACT PERSON: Steve Betts 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 Use Permit for a veterinary clinic on property zoned SH & U ( Scenic HiQhway. Unclassified) located on the west side of Clark Rd.. norox. 700 ft. north of Highway 70, identified as APN 041- 150-042. 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 July 10, 1997. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN March 18, 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 "6. c� r By: �e'�J� �''�" (�Z�2 Date: �iiar..t.... P►..ng�r�etl� k:\forms\comment.frm (Rev. 01-29-97 cbs) a MAR 12 1997 Oroviue+ nia 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: Myron Openshaw & Michele Weaver, UP 97-22 DATE: March 4,1997 CONTACT PERSON: Steve Betts 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 submidal 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 Use Permit for a veterinary clinic on property zoned SH & U ( Scenic Highway, Unclassified) located on the west side of Clark Rd.. approx. 700 ft. north of Highway 70, identified as APN 041- 150-042. 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 July 10, 1997. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN March 18, 1997. If no comments or communicadons 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) Planning Divi. MAR 2 0 1997 0MVille, CBijtnrnoa 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 APPLICANT: Myron Openshaw & Michele Weaver DATE: March 20,1997 FILE M UP 97-22 PLANNER: Steve Betts Project Description: Use Permit for a veterinary clinic. 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. 8. Provide an all weather access to all structures, which is designed to carry a 40,000 pound fire apparatus at least 10 feet wide with a 15 foot vertical clearance. Revised BKH 10-9-95 j:\up\cond.up ■ Use Permit Standard Conditions - Butte County ■ � � • II BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Public Works FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Myron Openshaw & Michele Weaver, UP 97-22 DATE: February 25, 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/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 Use Permit for a veterinary clinic on property zoned SH & U ( Scenic Highway. Unclassified) located on the west side of Clark Rd.. approx. 700 ft. north of Highway 70, identified as APN 041- 150-042. 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 July 10, 1997. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN March 11, 1997. - ff 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: k:\forms\comment.frm (Rev. 01-29-97 cbs) Date: G/ /� l /� Planning Division MAR 3 11997 Oroville, Camorn ua 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 s R E C E FEB 2 5.1957 COUNTY OF BUTTE LAND DEVELOPMENT DIV. i � • BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Myron Openshaw & Michele Weaver DATE: February 25, 1997 AGENT: Michael G. Evans APN: 041-150-042 FILE #: UP 97-22 PLANNER: PROJECT DESCRIPTION: Use permit for a veterinary clinic. Those items checked are conditions of approval. PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS A. STREETS 1. Prior to the issuance of building permits obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. 2. Prior to the issuance of building permits deed to Butte County, in fee simple, _ feet of right-of-way from the centerline of . The right of way shall be sufficient for the installation of standard No. S-5 at all street intersections. 3. Prior to the issuance of building permits submit road and drainage improvement plans for the installation and construction of the street frontage improvements on to standard, including but not limited to P.C.C. curb, gutter and sidewalk and the required street section for parcels with gross acreage of one acre or less. Construct or install the required improvements. U B. S 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. !" e P -f f/�c �c cress %ii••l` DRAINAGE iyi (cla"41rd �C 1. Prior t 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 ■ Planning Division 1 MAR 3 1 1997 Oroville, Caurornia 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. r. ■ Use Permit Standard Conditions - Butte County ■ Planning Division 2 MAR 3 11997 ®roville, Ca11101 "`� .Ala �8 �b AA3n aNV1 0 FILE NO: UV?97-22 0 LEAD - LTi SHEET AP -9 6L1ti"ISO-OL42 APPLICANT: Myron Openshaw& Michele Weaver, 2132 Table Mountain Blvd ` Name address Oroville, CA 95965 OWNER: G & M Ranches % M ron O ensha Name Address RESPRESENTATIVE. Michael,,.G., Evans, 1 Nice Place Oroville,CA 9%966 Name Address REQUEST: USG �\�t ^�oC" Q VPTcc-\Y1cd`y C`\v�►C SIZE: -bk % Ac- LOCATION: Dv� �e UZeEA f7;ci2 CsC Cr'2c� �cIIPDy-oXivtin�v-��y pi SUPERVISORAL DISTRICT # ZONING HISTORY: SURROUNDING ZONING: SURROUNDING LAND USE: SITE HISTORY: L- c GENERAL PLAN DESIGNATION: EXISTING ZONING: SA '&, tj APPLICABLE REGULATIONS: CLC' & ` 1102 Ac --#- YV\i nLk1Jm kAforms\lead-in COMMENT DISTRIBUTION LIST APPLICATION: Myron Openshaw DATE: February 25, 1997 & Michele Weaver UP 97-22 County Offices and Cities: Chief Administrative Officer // �✓_X_ Develop. Services Director -V x_ Public Works Director ✓ X_ Environmental Health _ Building Manager x� Sheriff _ BCAG _ ALUC ✓X LAFCo APCD Butte Co. Farm Bureau _ Biggs _ _ _ Gridley _ Chico Oroville _ Paradise,t- Chico Airport Commission ✓ X_ Agricultural Commission Irrigation District: Butte Water _ OWID _ Table Mountain Irrigation Domestic Water _ Butte Water District _ OWID Sewer _ Butte Water District _ Skansen Subdivision (CSA 21) Fire Protection - VX_ California Department of Forestry _ Recreation Districts _ Chico Area Recreation _ Paradise Recreation & Park Utilities _ PG&E North - Chico _ PG&E South - Oroville State Agencies e CalTrans Forestry (Attn: Craig Carter) _ Central Reg. Water Quality Control 'Department of Conservation _ Federal Agencies US Forest Service Other Districts, Agencies, Committees, etc _ Lime Saddle Dist _ Drainage _ Reclamation _ Butte Co. Minting Committee Biggs/W. Gridley Water _ Paradise Irrigation Thermalito Irrigation California Water Service Co. _ Thermalito Irrigation District _ Themalito Irrigation L.O.A. PUD EI Medio Fire Protection District Durham Area Recreation _ Richvale Recreation & Parks Chambers Cable TV Viacom Cable TV Durham Irrigation Richvale Irrigation Other Del Oro Water Co. Other Sterling City Sewer Main Feather River Rea & Park Parc Bell Dept of Water Resources _ Dept of Fish and Game Dept of Parks and Rec. _ Highway Patrol Off. of Mining Reclamation _ Off. of Governmental & Env. Relations US Bureau of Land Management Community Association Butte Env.l Council _ Cal Native Plant Society _ Mosq. Abatement Oroville/Butte Co Paradise Pines Com BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Myron Openshaw & Michele Weaver, UP 97-22 DATE: March 4,1997 CONTACT PERSON: Steve Betts The Planning Division has received anapplication 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 Use Permit for a veterinary clinic on property zoned SH & U ( Scenic Highway. Unclassified) located on the west side of Clark Rd.. approx. 700 ft. north of Highway 70, identified as APN 041- 150-042. 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 July 10, 1997. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN March 18, 1997. ff 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: Myron Openshaw & Michele Weaver AGENT: Michael G. Evans FILE #: UP 97-22 0 DATE: February 25, 1997 APN: 041-150-042 PLANNER: PROJECT DESCRIPTION: Use permit for a veterinary clinic. PLEASE CONTACT THE PLANNING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS J. SITE DEVELOPMENT 1. The project site shall be developed in accordance with the approved project site plan and the conditions contained herein. Said site plan is on file in the Planning Division, is identified as "Exhibit B" and dated 19_ and is incorporated herein by this reference. 2. Prior to the issuance of building permits, the plans, incorporating all applicable conditions of approval shall be submitted to the Planning Division to verify compliance with said conditions of approval. 3. Trash receptacle areas shall be enclosed by a 6 foot high solid masonry wall with view obstructing gates and a solid or semi -open shade cover. Plans to be reviewed and approved by the Planning Division prior to construction. 4. Prior to any use of the project site or business activity being commenced thereon, pursuant to this permit, conditions of approval contained herein shall be completed to the satisfaction of the Planning Division. 5. All electrical and mechanical equipment, including but not limited to air conditioning units, electrical boxes, transformers, and backflow preventers, shall be screened from public view. Screening shall be to the satisfaction of the Planning Division and in compliance with the Building Division. K. LANDSCAPING 1. A detailed landscape and irrigation plan consistent with the project site plan shall be submitted to and approved by the Planning Division prior to the issuance of building permits. 2. A plan of the existing on-site mature trees, located in any area proposed for buildings and vehicular access, shall be provided to and approved by the Planning Division prior to the issuance of building permits and/or prior to grading or vegetation removal. The applicant shall minimize the removal of mature trees, where possible. A mature tree shall be defined as a tree with a trunk measuring 4 inches in diameter, 4 feet from ground level. Mature trees removed shall be replaced by planting replacement trees of equal number and not less than _ gallon size. 3. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris, during the term of this permit. 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 ■ Use Permit Standard Conditions - Butte County ■ 5 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. 1. During construction, should any archaeological artifacts be discovered, the Planning Division shall be notified immediately, and all work shall cease until a qualified archaeologist has examined the artifacts and the site and submitted his or her findings to the Planning Division, and recommended clearance to continue. Recommencement of construction shall be upon the approval of the Planning Division. Archaeological artifacts are defined as follows: 2. Prior to any clearing, grading and/or construction in a Federal or State identified 100 year floodplain and/or streambed the following entitlements must be obtained: a California Fish and Game 1604 Streambed Alteration permit and an Army Corps 404 permit or exemption certificate. M. ADDITIONAL APPROVALS 1. Prior to the issuance of building. permits payment of the North Oroville/Thermalito Traffic Impact Fees shall be made. 2. Prior to the issuance of a building permit for each new or additional living unit the applicant shall execute the Oroville Area Traffic Mitigation Fee Agreement and pay the established fee. 3. Prior to the issuance of the Use Permit, to insure the maintenance and continuance of the orchard or other agricultural use of the property, the property owner shall enter into the County approved Orchard Management Agreement. The agreement shall terminate in 10 years or upon a rezoning of the parcel/lot to a zone other than A-5 through A-160. The agreement shall be recorded and recording fees paid by the applicant. 4. Approval of this request shall not waive compliance with all sections of the Zoning Ordinance and all other applicable State and County laws and regulations in effect at the time of building permit application. 5. This Conditional Use Permit is granted for a period of month(s) at the end of which time it shall expire (unless the approving authority has held a hearing thereon and granted ■ Use Permit Standard Conditions - Butte County ■ C 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 (1'0) 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 • APPLICANT: Myron Openshaw & Michele Weaver DATE: February 25, 1997 AGENT: Michael G. Evans APN: 041-150-042 FILE #: UP 97-22 PLANNER: PROJECT DESCRIPTION: Use permit for a veterinary clinic. 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. 8. Provide an all weather access to all structures, which is designed to carry a 40,000 pound fire apparatus at least 10 feet wide with a 15 foot vertical clearance. Revised BKH 10-9-95 j:\up\cond.up ■ Use Permit Standard Conditions - Butte County ■ 8 LOOK AHEAD VETERINARY SERVICES 822 VANCE AVENUE, HIGGS, CALIFORNIA 95917 (916) 868-5150 February 20, 1997 Butte County Planning Commission 7 County Center Drive Oroville, CA 95965 RE: Use Permit for Look Ahead Veterinary Services APN 041-150-042 To Whom It May Concern, This letter is to explain what Look Ahead Veterinary Services (LAVS) plans to do at the proposed Clark Road site. The land is owned by G. & M. Ranches, a corporation. Mr. Myron Openshaw is the president and will be participating in the operations of LAVS. We have spent years planning for and developing the business in order to accomplish the construction of a permanent clinic facility. We propose to provide medicine and surgery services for small and large animals. LAVS is currently operating as an ambulatory service to Butte County residents. The planned facility will.enhance the care currently available to Butte County residents. The only other north state facility operated privately is under construction in Cottonwood. The institutional facility is located in Davis. Large animals needing surgery must be taken to one of these locations, possibly jeop- ardizing their health and removing the service from Butte County. Our clinic will employ two veterinarians, an office manager, vet technicians,, receptionists and general laborers. LAVS proposes a clean, quality environment for patients, owners and employees. Our facilities will provide medicine, surgery and 24 hour emergency services for small and large animals. The proposed location is: -convenient -to access from all parts of Butte .County. Parking will be adequate for trucks with trailers to stop immediately B.C.P.C., Pg. 2 Feb. 20, 1997 adjacent to the clinic, unload and park or exit without backing up. During off hours the entry gate will be locked. When owners are waiting, they will have access to our library or the sitting park proposed for the existing Valley Oaks adjacent to the clinic. Mr. Openshaw and I are both involved in area agricultural activities including the Cattlemen's Association and. 4-H. We_ look ahead to continued participation and providing internship tunities for future veterinarians. Thank you. eery Michele Weaver, D.V.M. Look Ahead Veterinary Services Planning Division FEB 2 4 1997 vroville, caffl7191ed `--�' [ Michael Q. Evans One Nice Place Oroville, CA 95966 (916) 589-5198 February 24, 1997 Mr. Thomas Parilo Butte County Dept. of Development Services - 7 County Center Drive Oroville, CA 95965 RE: Use Permit application for Look Ahead -Veterinary Services APN 041-150-042 Dear Mr. Parilo, I am representing Mr. Myron.:Openshaw of G. &.M. Ranches, owners of the subject property,and Ms. Michele Weaver, the co - applicants for the application. Enclosed please find the following items to comprise the. application: 32.copies of the site•plan,.2 sheets Uniform application -check no. i387 in the amount of $1018:00 -Title report #158360, Fidelity Title Co. -Environmental information, 6 pages, photographs -LAVS letter Feb. 20, 1997 r -Vicinity map -Land Conservation Agreement No. 8 (Parcel 7) Please notify me if you need any additional information to accept this application as complete. Your cooperation and assistance in this manner is appreciated. Thanking you and your staff in advance for your work. Pianning Division FEB 241997 vrovuie, Cautuniia 041-15.0-042, S -H U Planning Divieion FEB24.1997 vroviue, Calitorma �l r Clinic site between trees and barn. Looking Looking northwest from Hwy 70 / Hwy 191 intersection. west from Hwy 191. Clinic site between Oaks and barn, left side of road. ;v a r «�s I �G clinic site adjacent to right of. trees. Looking west at proposed gated driveway entry and drainage swale, taken December 1996. V E OJ' JW 0 Existing improvements, looking souhteast from existing northerly encroachment. Site distance excellent. • Ae �5 Sy b f ry t ._ _ w- �N :yam .. . rti __ �;. a*- > _ _ � �� r y.� � � �r a -sr �` �� ... _ .,�t�„' , _..: -� � ,,,.fir. , �.� 3. '` '� �`�rs u+• atK!-. ,, �_._.ia��16 cam, ;^��d�J��:� -, t � ftp � "�j T��N�`�J� �4 � _ .j � - �� ... ... ✓ _ 1{'d �. w�- ''a .d ..7 � ,�,,�.. i � K 1. BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Public Works FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Myron Openshaw & Michele Weaver, UP 97-22 DATE: February 25,* 1997 CONTACT PERSON: Steve Betts 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 Use Permit for a veterinaryclinic on property zoned SH & U ( Scenic Highway, Unclassified) located on the west side of Clark Rd.. approx. 700 ft. north of Highway 70, identified as APN 041- 150-042. 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 July 10,'1997. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN March 11, 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) Planning Division 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 91 pDpg78f;aw Jm a .fr , BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Myron Openshaw & Michele Weaver DATE: February 25, 1997 AGENT: Michael G. Evans APN: 041-150-042 FILE #: UP 97-22 PLANNER: PROJECT DESCRIPTION: Use permit for a veterinary clinic. Those items checked are conditions of approval. PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS A. STREETS 1. Prior to the -issuance of building permits obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. .. 2. Prior to the issuance of building permits deed to Butte County, in fee simple, _ feet of right-of-way from the centerline of . The right of way shall be sufficient for the installation of standard No. S-5 at all street intersections. 3. Prior to the issuance of building permits submit road and drainage improvement plans for the installation and construction of the street frontage improvements on to standard, including but not limited to P.C.C. curb, gutter and sidewalk and the required street section for parcels with gross acreage of one acre or less. Construct or install the required improvements. 4 B. 5 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. 1-fe P - P-7' ftie i' v� ir.."`�"fs Ca.Q Trans �v+- cc cces s tri i��r rte. DRAINAGE /5/ (21.'4 /?. 1. Prior to,. the issuance of building permits a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall 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 ■ PA 11 T20 1 R. 3E 4f. 0. 48. a M. (L 41- 484&0. 0 25.331A c CC 189 AC 80C O 01 L)PB9-S( � G- Z 3 0� f _. J~ r 318.45 Ac d6- 5OAc. 14 ISMAV A, 2 /01 E135- 3C2 4-3-1 @ 2 2, P. ?7 A C- ti 5 A, a. 15Ac. /O Ac. CP1 2MR A 290.4 6s2 iIf e '0 18 (@79.7 7 Ac. /--� i 67. /Ac. 40Ac. % i4 62.W Ac- 12SAc. UP J�\ Y0,0 PS 124-68 37 170Ac @3866 AC 500 15 -4.77Ac 38 I JJIAc AN 'A Ju 1;.:, �b(A 54 E�j L� �—�M I; z 1. . - �1 rOA N. For V1 0'q0v1 23 18 L337Ac C— 2 -SC rD 0 NOTE: These parcels are for assessment purposes only and may not constitute legal parcels. COAL CANY Assessor's Map No. 41- 15 County of Butte, Calif. REVISED: 2-96 REVISED BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that a public hearing will be held on Thursday, June 26, 1997 at 9:00 a.m. in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item at the following"time: No action will be taken and the hearing will be continued to July 10, 1997. ITEM ON WHICH A NEGATIVE DECLARATION WITH MITIGATION MEASURES REGARDING ENVIRONMENTAL IMPACTS HAS BEEN RECOMMENDED 9:00 a.m. Myron Openshaw and Michele Weaver' - Use Permit to allow a small and large animal veterinary clinic, including an animal husbandry business, on property zoned "U" (Unclassified) and S -H (Scenic Highway) located on the west side of Clark* Road, approximately 700 feet north of Highway 70, identified as AP 041-150-042, Butte College area.. (SB) (UP97-22) The above mentioned application, Initial Study, and map are on file and.available for public viewing at the office of the Butte County Planning Department, 7 County Center Drive, Oroville, California. If you challenge the above applications in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION THOMAS A. PARILO, DIRECTOR DEVELOPMENT SERVICES To be published in the Oroville Mercury, Friday, June 20, 1997. REVISED BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that a public hearing will be held on Thursday, June 26, 1997 at 9:00 a.m. in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item at the following time: No action will be taken -and the hearing will be continued to July 10, 1997. ITEM ON WHICH A NEGATIVE DECLARATION WITH MITIGATION MEASURES REGARDING ENVIRONMENTAL IMPACTS HAS BEEN RECOMMENDED 9:00 a.m. - Myron Openshaw and Michele Weaver - Use Permit to allow a small and large animal veterinary clinic, including an animal husbandry business, on property zoned "U" (Unclassified) and S -H (Scenic Highway) located on the west side of Clark Road, approximately 70G feet north of Highway 70, identified as AP 041-150-042, Butte College area. (SB) (UP97-22) The above mentioned application, Initial Study, and map are on file and available for public Viewing at the office of the Butte County Planning Department, 7 County Center Drive, Oroville, California. If you challenge the above applications in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION THOMAS A. PARILO, DIRECTOR DEVELOPMENT SERVICES To be published in the Oroville Mercury, Friday, June 20, 1997. •f' utte Count - PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916) 538-7785 BUTTE COUNTY PLANNING COMMISSION AGENDA June 26, 1997 TIME: 9:00 a.m. PLACE: Board of Supervisors' Room County Administration Center 25_County Center Drive Oroville, CA 95965 I. PLEDGE OF ALLEGIANCE II. ROLL CALL - Commissioners Nelson, Cage, Leland, Mooney, and Chairman Lambert. III. ACCEPTANCE OF AGENDA Commission members and staff may request additions, deletions, or changes in the Agenda order. IV. MINUTES - Approval of the minutes for April 24, 1997 and June 12, 1997. V., CONSENT Consent items are set for approval in one motion. These items are considered non -controversial;. No presentations will be made, however, some questions may be asked. The Chair will ask if any commissioner or member of the public wishes to pull a consent item for discussion. Brief questions may be asked do any item. None VI." BUSINESS FROM THE FLOOR ON ITEMS NOT ALREADY ON THE AGENDA (Presentations will be limited to five minutes. The Planning Commission is prohibited by State Law from taking action on any item presented if it is not listed on the Agenda) VII. PUBLIC HEARINGS The Chair will call for staff comments. The hearing will be opened to the public for proponents, opponents, comments, and rebuttals. The hearing will be closed to the public and discussion confined to the Commission. The Commission will then make a motion and vote on the item. 0 BUTTE COUNTY PLANNING COMMISSION 11 AGENDA 0 JUNE 12, 1997, PAGE 1 0 It is requested that public initiated presentations be limited to a maximum of 5 minutes so that all interested parties will have an opportunity to address the Commission. Following your presentation, please print your name and address on the speakers sheet so that the record will be accurate. The recommendation of County staff is indicated below. It is only a recommendation and has not yet been considered by the Planning Commission. Copies of the Staff Report are available at the Planning Division Office. A. Staff Recommendation - Denial 9:00 a.m. - William Bisbee - proposed Negative Declaration with mitigation measures regarding environmental impacts and Use permit for a dog kennel, to allow a 320 square foot structure consisting of 10 stalls, 11 dogs and 12 runs on a six (6) acre parcel on property zoned AR -MH -1 (Agricultural Residential - Mobile Home - 1 acre parcels) located at 6850 Melvina Avenue, approximately 1,700 feet north of Messina Avenue, identified as AP 026-050- 026, Palermo. (SH) (File UP97-16) B. Staff Recommendation - Approval -- 9:00 a.m. - Myron Openshaw and Michele Weaver - (Item determined to be categorically exempt from environmental review) Use Permit to allow a small and large animal veterinary clinic, including an animal husbandry business, on property zoned "U" (Unclassified) and S -H (Scenic Highway) located on the west side of Clark Road, approximately 700 feet north of Highway 70, identified as AP 041-150-042, Butte College area. (SB) (UP97-22) Sb o,A A VA -+L Corea ck Nee. pc. c C. Staff. Recommendation - Approval 9:00 a.m. - Lynette Dorenzo - (Item determined to be categorically exempt from environmental review) Use Permit to allow a 7 bed assisted living facility for the elderly in a R-3 (High Density Residential) zone, located on the north side of Kovak Court, approximately 350 feet east of Cohasset Road, identified as AP 048-400-006, at 962 Kovak Court, Chico. (SB) (UP97-24) D. Staff Recommendation -,Approval 9:00 a.m. - J. Lowell and Anne Hagberq - (Item determined to be categorically exempt from environmental review) Use Permit to allow a single family dwelling unit on property zoned M-2 (Heavy Industrial), located 161 feet east of Losser Avenue, approximately 1,200 feet north of West Liberty Road, identified as APN 021-260-048, Gridley. (SB) (UP97-26) E. Staff Recommendation - Approval 9:00 a.m. - Steve Seidenglanz - proposed Negative Declaration with mitigation measures regarding environmental impacts and Use Permit to allow the expansion of an existing RV park to include 94 R.V. spaces, 20 camping sites, a store/office, and a lodge on property zoned L -I (Light Industrial) 0 BUTTE COUNTY PLANNING COMMISSION 0 AGENDA 0 JUNE 12, 1997, PAGE 2 0 Of located between SR 70 and the Feather River at 4488 Pacific Heights Road, identified as AP 036-510-024, 030, Oroville. (SL) (File UP97-12) VII. GENERAL BUSINESS This section of the agenda is to be utilized by the Planning Commission and Planning Manager on items of interest, general discussion, or items for which staff has been directed to do research and bring back to the Commission. Items A, B, & C may not always be addressed at every hearing, but will always be listed as part of the agenda. A. General Plan/Zoning Ordinance Update B. 'Legislative Case Law Update C. Planning Commission Concerns 1. Discussion - Butte County Planning Commission Preliminary GPA Policy Review Hearing. 2. Discussion - Permanent Second Dwelling Units. (Continued from 6-12-97) 3. Workshop - CSA 87 - Planning issues regarding the North Chico Specific Plan. (Continued from 6-12-97) 0 BUTTE COUNTY PLANNING COMMISSION 0 AGENDA ❑ JUNE 12, 1997, PAGE 3 ❑ ---- - - ------ ---,----- --- - -- - --- - � - I 71 -r�- .. 7-,!,--"- -,-�--, � , 11-1 �,�-r--- � ----- �-, I - -.� �"'11,,-,—,, �-I.I.,-q--r ... T,�T-,--,":,-t;�,-�"47�r�� - I - -77- -� ,,r,-.�.-:-"-,:---.;",�-,-----�17' 7- '. ' - � '. I .." ��I- , I .. . - - � � �,w. I - , , . , - ,�,. � 1. . -� - 11 -� � , - —: � - I .1 ,. . I ,--,,�',',��,�,, ,�-�"`4,7 1-,��.. , , I '' . I . -- ; . ,� I., P. � � 1� ,-,,,- 4'., �. . , . i"71 � - - � I I. - - . ": . 1. I I o' I -1 I. -i . I I '. . �- " - � ,- - , " , a � - , , I E 1. I - . .1 - - 4 -'Ii � , �, ": - � �- 1-1 , . ,, I . �', , , ." 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DIRECTOR OF DEVELOPMENT SERVICES SITE PLAIN LOOK MEAD VETERINARY C LIN tC MYRbN 6?ENSHAW /MICHELE WEAVER SZ A Lir 1'= da' Stt EV -T o� AT 041- ISS -042- M I L H& E L Mo o N EY SA M kDQo t1E A vE bQd U1WE i CA QS9Coco 4-1 '�l IL— S13 - Z 13 iq 44 ily- Ij 3�9 4- -7 4 , iy -7 :1, zt �y 5, Jt �T I PJA .44 'i 4 4, 1; k�-t' T �X, :4R, i�, N N"I `fj - X4` J I t7 4,.Mft �;4 -7 Z :1 -idl L� T V� �11� OF 4 4, -p� J7 t I �11 %, I..." . . , .- ;: � " , . o - � - . ;T"i�,��, � -, I I I 1 41 of 7:=j . . . . . . . . Y -w 7 J 47 . .1. � . . I - . — 6 � ., �' , . "I . - 6, 6 — '6 , , " r" 1, ' — 6 ., I , 6 1 , �_ . __� ! . '. :' —i - --- — — I I - . --a I I '._' -1 . 171 — � I . -� -- '.n I,- ; � � li IV , ". __; �: -.1 - I I ._� - — I , .. - " 11%, 4�1;_' '% ! ," 6 . ....... . REVISIONS 'IE3V,., L 11Z 5"; -47 1 7 4,4% s.j 4, � . . . . . . . . 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