HomeMy WebLinkAboutUP 98-17PROJECT SUMMARY S
FILE M UP 98-17 PROJECT TYPE: Use Permit
APPLICANT: James Giles
ADDRESS: 5973 Lincoln Blvd. Oroville: CA 95966
OWNER: Same
ADDRESS:
REPRESENTATIVE: D&D Homes Inc.
ADDRESS: 2243 Feather River Blvd., Oroville, CA
PROJECT DESCRIPTION: Use Permit for a modular home in an M-1 zone
PROPERTY ZONED: M-1 (Light Industrial) LOCATED: 5973 Lincoln Blvd., Oroville
AP#: 036-270-064 TOWN/AREA: Oroville
GENERAL PLAN DESIGNATION: Industrial
1. Application complete: December 30. 1997 Amount: $ 1018.00 Receipt #: 16160
2. Comments sent to: E.H.. LAFCO, OROVILLE, DEV. SERV., P.W.. AG. COMM.. CDF
3. Comments received from: C.9F E1 (\f\cAPFJ LSF Co
4. Rezone Petition Signatures Checked:
5. Mailing List/Lead-in Sheet:
6. Assigned To: Stephen Betts
7. Environmental Determination:
State Clearinghouse No: "VL
y I Subject to Fish & Game: -_
8. Staff Report:
Project Video: VC -3
Categorical Exemption-CEQA# -3
Negative Declaration
Mitigation Negative Declaration
Environmental Impact Report
Gen. Rule Ex. -CEQA # 15061.(bx3)
Other
9. Clearinghouse circulation required: Yes No X Date Sent to SCH:
10. Publication Notice Written: ?—a.5--,�7 Display Ad Prepared:
11
12.
13
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Notices Mailed: !r � Number of Notices:
Newspaper Publication Date: ---? —s- %J C P G B
Planning Commission Hearing (s): "� �- �� %• •�
Action taken:
Special Conditions:
Commission Resolution No.
il
14. Board of Supervisors' Hearing(s): �0 /0 • A' ' /
Action taken:
Board Resolution No.: Ordinance No: Adopted:
15. Type Use Permit/Send for signature:
16. N.O.E. / N.O.D. / APPENDIX G: MAY 4 1998 Fish & Game Fees Paid: Yes r No
17. Send validated Use Permit:
MAY 15 1998
18. Assessor's Memo:
MAY 15 1998
MAY 15 1998
19. Copy of Use Permit / Variance to Planning Technician:
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ELN 036 270 064 000 0 STATUS o A
GILES JAMES RI
5973 LINCOLN BLVD
OROVILLE CA 95966
EL: 036 200 026 000 STATUS: A
DUNN I GAN COUNTRY ESTATES INC
1 523 N EL CAM I NO DR
CLAYTON CA 94517
EL: 036 200 0 045 000 STATUS: A
WATTS DONALD E & NADINE
250 RIVEI-IVIEW DR
OROVILLE CA 95966.
EL: 036 270 028 sass% 0 STATUS: A
SCHULTZ ROBERT W SS
2351 MONUMENT BLVD #55
CONCORD CA 94520
EL: 036 270 034 000 STATUS: A
BELSER TOMMY E
5964 LINCOLN BLVD
OROVILLE CA 95966
EL: 036 270 035 000 STATUS: A
RUSHING DON R & MARY A
21211 VINE ST
LAk;E. ELS I NORE CA 92330
i= L ; 036 270 061 000 STATUS: A
=ELLMER GARY S & CAROL S REV MGM
ELLMER GARY S & CAROL S TRUSTEE
301 DISCOVERY WAY
SEOU I N WA 98302
ELi 036 270 062 000 STATUS: A
SELLERS ROBERT G & JANICE E JT
5969 LINCOLN BLVD
OROVILLE CA 95966
EL s 036 270 06:3 t%SS% 0 STATUS: A
TAYLOR THOMAS D
5971. LINCOLN BLVD
OROVILLE CA 95966
EL 036 280 062 000 STATUS: A
RIVARD JOSEPH P ETAL
P 0 BOX 167
PALERMO CA 95968
EL: 036 280 066 S;is% 0 STATUS; A
L ARTA ROBERT JR & BETH RENEE PERF:
870 OPH I R RD j
OROVILLE CA 97966
EL: 036 280 071 000 STATUS: A
HALE MELV I N DANIEL & KIMBERLY JE
945 OPHIR RD
OROVILLE CA 95966
USE PERMIT
BUTTE COUNTY BOARD OF SUPERVISORS
MAY 15 1998
DATE: (Certified Mail Rec.)
UP 98-17
PERMIT NO.
036=270-064
ASSESSOR'S PARCEL NO.
Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special
conditions set forth below: James Giles is hereby granted a Use Permit in accordance with
application filed: Use Permit to allow a residential use in an M-1 zone.
I. 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 the establishment
of the granted use. The 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 respecive
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.
Conditions of Approval:
Install a sewage disposal system under permit from the Environmental Health
Division.
2. Meet the requirments of the EI Medio Fire District.
3. Erecting any structures within Pacific Gas & electric tower line easement is
prohibited.
4. 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 conditions.
Dated:
pi5licant
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.
CC- . Land Development Division
Building Division
Health Department
Department of Forestry
Y
utte County Board of Supervisors Chairman
APR 2.8 1998
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APPROVM!,
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USE PERMIT ,..r,GVARIANCE 60'
MINOR U.P, ,.,,..,.. ADM.PERMIT All
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DIRECTOR OF
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DEVELOPMENT SERVICE
Planning Division
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0 E C 3 0 1997
Oroville, California
SENDER:
■Complete items 1 and/or 2 for additional services.
I also wish to receive the
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■Complete items 3, 4a, and 4b.
following services (for an
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■Print your name and address on the reve7ae of this form so
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that we can return this
extra fee):
card to you.
■Attach this form to the front of the mailpiece, or on the back
if space does not
1. ❑ Addressee's Address
permit.
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■ Write'Retum Receipt Requested' on the mailpiece below the article number.
2. ❑ Restricted Delivery
■The Return Receipt will show lo -whom the article was delivered and the date
0
delivered.
Consult postmaster for fee.
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3. Article Addressed to:
4a. Article Number
d
James Giles
P 796 163 154
CL
5973 Lincoln Blvd.
4b. Service Type ..k
O r o v i 11 e, C A 9 5 9 6 6
❑ Registered if Certified
❑ Express Mail ❑ Insured
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❑ Return Receipt for Merchandise ❑ COD
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7. Date of Delivery
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5. Received By: (Print Nam 1 .
8. Addressee's Address (Only if requested
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6. Signature: (Addressde or Agent)
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COUNTY OF BUTTE
DEPARTMENT OF KVMMW SENCES
PLANNING DIV=
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May 15, 1998
James Giles .
5973 Lincoln Blvd.
Oroville, CA 95966
Same L'ouni
LAND OF NATURAL WEALTH AND BEAUTY
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PLANNING DIVISION
DEPARTMENT OF DEVELOPMENT SERVICES
7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397
TELEPHONE: (530) 538-7601
FAX: (530) 538-7785
CERTIFIED MATT .
Re: Use Permit, AP 036-270-064
Dear Mr. Giles:
Enclosed is your validated Use Permit No. UP 98-17 to allow Use Permit to allow a residential use
in an M-1 zone.
Should you have any questions regarding this matter, please contact this office between 8:00 a.m.
and 4:00 p.m., Monday through Friday.
,
-P 796 163-.1_59
Sincerely,-
�-�
Certified Mail Rec"eipt
;i
_�*No Insurance Coverage Provided
Thomas A. Parilo
Do not use for International Mail
Director of Development Services
UMIED STATES (See Reverse)
e
sent to
James Giles
street & No.
5973 Lincoln Blvd.
Teri Bridenhagen
I
P.O., State & ZIP Code
Oroville, : CA 95966
Office Assistant III
Postage
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Return Receipt Showing
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MEMORANDUM
PLANNING DEPARTMENT
TO: Butte County Assessor's Office
FROM: Butte County Planning Department
SUBJECT:. James Giles, UP 98-17
DATE: May 15, 1998
Pursuant to Section 65863.5 of the Government Code, the following parcel identified as
036-270-064, was:
Rezone from to zoning district.
Granted a variance to
A Issued a conditional Use Permit to allow a residential use in an M-1 zone,
5973 Lincoln Blvd., Oroville
APPENDIX A
NOTICE OF EXEMPTION
TO: _ Office of Planning and Research FROM: Butte County Planning Division
1400 Tenth Street, Room 121 7 County Center Drive
Sacramento, CA 95814 Oroville, CA 95965
X County Clerk
County of Butte
25 County Center Drive
Oroville, CA 95965
Project Title: UP 98-17, Use Permit ��AY 199
Assessor's Parcel No.: 036-270-064uutto Co. clerk
RJB...,
Applicant: James Giles, 5973 Lincoln Blvd., Oroville, CA 95966 C pep'Lty
4.
Project Location -Specific: , 5973 Lincoln Blvd., Oroville
Project Location -City: Oroville Project Location -County: Butte
Description of Nature, Purpose and Beneficiaries of,Project: Use Permit to allow a residential use in an M-1 zone
Name of Person or Agency Approving Project: Butte County Board of Supervisors
Exempt Status: (Check (One)
Ministerial (Sec. 15073)
Declared Emergency (Sec. 15071(a))
Emergency Project (Sec. 15071 (b) and (c))
X Categorical Exemption. State type and section number: 15303 (a)
Reasons why project is exempt: Single-family residences not in conjunction with the building of two or more such units.
In urbanized areas, up to three single-family residences may be constructed or converted under this exemption.
Contact Person: Stephen Betts
If filed by applicant:
Telephone: (530) 538-7601
1. Attach certified document of exemption finding.
2. Has a notice of exemption been filed by the public agency approving the project?
Yes No
Date Received For Filing:
Signatur , Craig Sanders
Principal Planner
j:\linda\noe.nod\noe#3
DECLARATION OF FEES D
I alifornia Fish and Game Code Section 711.4)
NAME AND ADDRESS OF APPLICANT
James Giles
5973 Lincoln Blvd.
Oroville, CA 95966
(530)532-3301
FILING NO.
CLASSIFICATION OF ENVIRONMENTAL DOCUMENT:
1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION
(X) A. Statutorily or Categorically Exempt
$25.00 Clerk's Documentary Handling Fee
() B. De Minimus Impact - Certificate of Fee Exemption
$25.00 Clerk's Documentary Handling Fee
2. NOTICE OF DETERMINATION FEE REQUIRED
() A. Negative Declaration
$1,250 State Filing Fee
$25.00 Clerk's Documentary Handling Fee
() B. Environmental Impact Report
$850 State Filing Fee
$25.00 Clerk's Documentary Handling Fee
3. ( )
OTHER (Specify)
$25.00 Clerk's Documentary Handling Fee
PAYMENT / NON-PAYMENT OF FEES:
1. (X) PAYMENT: The above fees have been paid.
See attached receipt(s). #16345
2. () NON-PAYMENT: The above fees are required. Not paid.
Chief Planning Official
By: Craig Sanders
Title: Papal Planner
Lead Agency: Butte County Department of
Development Services
Date: May4, 1998
TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL
DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE.
THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING.
ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL
DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE
COUNTY OF BUTTE.
APPENDIX A
NOTICE OF EXEMPTION
TO: _ Office of Planning and Research FROM: Butte County Planning Division
1400 Tenth Street, Room 121 7 County Center Drive
Sacramento, CA 95814 Oroville, CA 95965
__X_ County Clerk
County of Butte
25 County Center Drive
Oroville, CA 95965
Project Title: UP 98-17, Use Permit
Assessor's Parcel No.: 036-270-064
Applicant: James Giles, 5973 Lincoln Blvd., Oroville, CA 95966
Project Location -Specific: 5973 Lincoln Blvd., Oroville
Project Location -City: Oroville Project Location -County: Butte
CAN D 81�'�,, Un0 co. cle k
By eputy
Description of Nature, Purpose and Beneficiaries of Project: Use Permit to allow a residential use in an M-1 zone
Name of Person or Agency Approving Project: Butte County Board of Supervisors
Exempt Status: (Check (One)
Ministerial (Sec. 15073)
Declared Emergency (Sec. 15071(a))
Emergency Project (Sec. 15071 (b) and (c))
X Categorical Exemption. State type and section number: 15303 (a)
Reasons why project is exempt: Single-family residences not in conjunction with the building of two or more such units.
In urbanized areas, up to three single-family residences may be constructed or converted under this exemption.
Contact Person: Stephen Betts Telephone: (530) 538-7601
If filed by applicant:
1. Attach certified document of exemption finding,
2. Has a notice of exemption been filed by the public agency.approving the project?
Yes No
Date Received For Filing:
Signatur , Craig Sanders
Principal Planner
j:\linda\noe.nod\noe#3
• DECLARATION OF FEES
(California Fish and Game Code Section 711.4)
NAME AND ADDRESS OF APPLICANT
James Giles
5973 Lincoln Blvd.
Oroville, CA 95966
(530)532-3301
FILING NO.
CLASSIFICATION OF ENVIRONMENTAL DOCUMENT:
1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION
(X) A. Statutorily or Categorically Exempt
$25.00 Clerk's Documentary Handling Fee
() B. De Minimus Impact - Certificate of Fee Exemption
$25.00 Clerk's Documentary Handling Fee
2. NOTICE OF DETERMINATION - FEE REQUIRED
() A. Negative Declaration
$1,250 State Filing Fee
$25.00 Clerk's Documentary Handling Fee
() B. Environmental Impact Report
$850 State Filing Fee
$25.00 Clerk's Documentary Handling Fee
3. () OTHER (Specify)
$25.00 Clerk's Documentary Handling Fee
PAYMENT / NON-PAYMENT OF FEES:
1. (X) PAYMENT: The above fees have been paid.
See attached receipt(s). #16345
2. () NON-PAYMENT: The above fees are required. Not paid.
Chief Planning Official
By: CraigSanders
Title: Principal Planner
Lead Agency: Butte County D=artment of
Development Services
Date: May 4, 1998
TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL
DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE.
THE FE 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.
AGENDA REPORT
TO: Honorable Chair and Board of Supervisors
FROM: Development Services Department, Planning Division
DATE: April 7, 1998
REQUEST: Anneal 98-01 for James Giles: Appeal hearing of the Planning Commission's
decision to deny Use Permit 98-17 to allow a dwelling unit in a M-1 (Light Industrial)
zone. The subject property is located approximately 1,972 ft. west of Lincoln Blvd.,
at 5973 Lincoln Blvd., Oroville. This project is located in Supervisorial District 1.
FOR: Board of Supervisors Meeting of April 28, 1998
SUMMARY: Staff recommends that the Board of Supervisors confirm the Planning Commission's
decision to deny this project. �,,, �,• W,S �, �,•.(r«�►,��) �,.►r•, rAAtt-
N: /On March 26, 1998, the Planning Commission held a
public hearing on this Use Permit request. ( At the conclusion of the public hearing, the Planning
Commission voted 3-2 to deny_ the_proiect.. Fp o i d by the
aPplica he—Planning Commission agenda report is attac ed- or ac cground information.
1AV"15-- This project is an appeal of the Butte County Planning Commission action taken
"> on March 26, 1998. The appeal is made pursuant to Butte County Code section 24-45.30 and is
a "de novo" hearing. All applications, papers, maps, exhibits, and staff recommendations presented
to the Planning Commission may be considered by the Board in reaching a decision.
,,(,W 4o,.The Planning Commission discussed the implications of placing another dwelling unit in a
`�j� ��k manufacturing zone, and took into consideration the recent problems on Custer Lane. The Planning
10Commission denied the Use Permit and made the following findings in support of their decision:
0
A 1. Residential uses and industrial uses are generally not compatible because the industrial
uses will cause significant impact to the residential uses, such as noise, emissions,
vehicle traffic, and aesthetic impacts.
2. Placing additional dwelling units in a M-1 zone will lead to future land use conflicts.
3. The proposed residence is not accessory to an existing or proposed land use.
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. This project qualifies for a categorical exemption to review under CEQA as per Section
15303 (Class 3 exemption), construction of small structures.
09
t>al
P LIC NOTICE AND COMMENTS:. Advertisem he pub ' Baring was ublished
a 1 cal newspa r were mailed roperty o ers within a 300 foot of the subject
pro erty.
RECO NDATION: Staff recommends the Board of Supervisors uphold the decision of the
Planning Commission to deny UP 98-17 for James Giles, a,(,
R: P-1AAV-)S 4 Mo{vh
Attachments: 0: P.C. minutes 03/26/98
GB: Agenda report 02/19/98
➢C: Letter dated 03/04/98
fes: Site Plan
K:\PLANNING\PROJECTS\UPC\GILES.UP\BOS.RPT
•
Manning Division
MAR 0 91998
®roville, California
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, March 26, 1998, in the Butte County Board of Supervisors' Room, County
Administration Center, 25 County Center Drive, Oroville, California, regarding the following items:
ITEM DETERMINED TO BE CATEGORICALLY EXEMPT FROM
ENVIRONMENTAL REVIEW
9:00 a.m. - James Giles - Use Permit for a single family dwelling unit on property zoned M-1
(Light Industrial), located approximately 1,972 ft. west of Lincoln Blvd., at 5973
Lincoln Blvd., identified as AP 036-270-064, Oroville. (SB) (UP98-17)
The above mentioned application and map are on file and available for public viewing at the office
of the Butte County Development Services Department, Planning Division, 7 County Center Drive,
Oroville, California. For information call: (530) 538-7601 (Monday through Thursday, 8:00 a.m.
to 4:00 p.m.) Comments may be submitted in writing at any time prior to the hearing or orally at the
meeting listed above or as may be continued to a later date. If you challenge 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 on Thursday, March 5, 1998.
March 4, 1998
Regarding the approval requested above: In the past we found no reason
to be concerned about.residential building on- M--1 pro.pert.y. Now that
we. have our property (4.8'acres fronting on Lincoln and abutting south
of the new tile co. and north of Ophir)on the market, we have become
aware of officials telling prospective buyers that residents nearby
(also built on M-1 or coml) would be offended by their proposals to
build businesses when that is exactly what we are zoned to have there.
Westrongly object to the county taking such a position and because of
this object to any residential building being allowed in M-1 zoning.
It seems obvious that allowing residential will lead to only one thing
the same as homeowners did to farmers. Let homebuyers build in zoning
where there may be noise, dirt and other things common to industry and
the next thing, they are in courts suing everybody for the disturbance
of the peace around their homes. Unless each of every homeowner that
builds in such an area signs a statement never to be able to sue for
damages regarding any results of disturbance from industry, we very
much stand firm in `saying no to this proposal.
Gary S. and Carol S. Zellme.r Owners of Parcel 4036-270-061-000
301 Discovery [Jay, Sequim, WA 98332 Lincoln Blvd, Oroville,C
AGENDA REPORT
TO: Honorable Chair and Board of Supervisors
FROM: Development Services Department, Planning Division
DATE: April 10, 1998 100
REQUEST: Appeal 98-01 for James Giles: Appeal hearingZofening Commission's
decision to deny Use Permit 98-17 to allow a dwelling -1 (Light Industrial)
zone. The subject property is located approximatelyst of Lincoln Blvd.,
at 5973 Lincoln Blvd., Oroville. This project is located in Supervisorial District 1.
FOR: Board of Supervisors Meeting of April 28, 1998
SUMMARY: Staff recommends that the Board of Supervisors confirm the Planning Commission's
decision to deny this project.
DISCUSSION: On March 26, 1998, the Planning Commission held a public hearing on this Use
Permit request. Testimony was received from the public regarding the proposed dwelling unit. At
the conclusion of the public hearing, the Planning Commission voted 3-2 to deny the project.
This project is an appeal of the lau�ty Planning Commission action to e -4Aeh '", ' ^^4
The appeal is made pursuant to Butte County Code section 24-45.30 and is a "de novo" hearing.
All applications, papers, maps, exhibits, and staff recommendations presented to the Planning
Commission may be considered by the Board in reaching a decision. �� 1414-dt u12t
The Planning Commission discussed the implications �r/obpl'erris
acing another dwelling unit in a
manufacturing zone, and took into consideration the recent on Custer Lane. One letter of
objection to the proposed dwelling unit was received from a nearby property owner. The property
owner adjacent to the applicant's property voiced his support of the proposed dwelling unit. The
Planning Commission denied the Use Permit and made the following findings in support of their
decision:
1. Residential uses and industrial uses are generally not compatible because the industrial
uses will cause significant impact to the residential uses, such as noise, emissions,
vehicle traffic, and aesthetic impacts.
2. Placing additional dwelling units in a M-1 zone will lead to future land use conflicts.
3. The proposed residence is not accessory to an existing or proposed industrial land
use.
The Planning Commission agenda report is attached for background information.
AGENDA REPORT
TO: Honorable Chair and Planning Commission
FROM: Development Services Department
DATE: February 19, 1998
41
REQUEST: Use Permit UP 98-17 for James Giles on APN 036-270-064: A request for
a Use Permit for a single-family dwelling unit on property zoned M-1 (Light
Industrial), located approximately 1,972 ft. west of Lincoln Blvd., at 5973
Lincoln Blvd., Oroville. This project is located in Supervisorial District 1.
RELATED
ITEMS: • Use Permit 91=40 (void)
FOR: Planning Commission Meeting of March 26, 1998
SUMMARY: Staff recommends denial of this application subject to the findings contained herein.
APPLICABLE BUTTE COUNTY REGULATIONS: This Use Permit application is submitted
pursuant to Butte County Code Sections:
24-45 (Use Permits) which requires that an application be submitted and a public hearing be held
by the Planning Commission. The Commission may grant a Use Permit when it finds that the
proposed use of the property 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
properties, or detrimental to the health or 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; and
24-175.C.7 - M-1 Zone (Light Industrial) which requires that a conditional Use Permit be obtained
for non -accessory residential uses.
PROJECT CHARACTERISTICS: This project is a Use Permit request to allow a dwelling unit
in a M-1 (Light Industrial) zone. The Land Use Element Map of the Butte County General Plan
designates the project site as Industrial. A Use Permit is required for residential uses that are not
accessory to a manufacturing use.
The property is 5.05 acres in size and has been developed with a barn. High voltage power lines
cross the eastern portion of the site. Access to the property is via a long, mostly unpaved road off
■ Butte County Department of Development Services ■ Planning Division ■
of Lincoln Blvd. The two parcels to the west of the property and the parcel to the east have been
developed with single family dwelling units. The parcels to the north and south are undeveloped.
The nearest manufacturing uses are located along Lincoln Blvd. The property has already been
connected to OWID for domestic water supply.
A Use Permit (91-40) was approved by the Planning Commission on July 25, 1991 to allow a
dwelling unit on the property. A dwelling unit was never placed on the property, and the Use Permit
is considered to be null and void because the use was never established within the time limits
specified in the Use Permit.
The project area was zoned M-1 on February 28, 1984. The previous zoning was Agricultural
Residential (AR) and C-1. The dwelling unit on the adjacent parcel to west was constructed when
the area was zoned AR. The dwelling unit on the parcel further to the west was constructed when
that parcel was zoned C-1, which at the time allowed dwelling units. As such, these two dwelling
units are considered pre-existing, nonconforming uses.
PROJECT AND SURROUNDING ZONING, GENERAL PLAN DESIGNATION AND
EXISTING LAND USE: Described below are the project and surrounding zoning, general plan land
use designation and the existing land uses.
Direction
Zoning
General Plan
Existing Land Use
Project:
M-1
Industrial
Barn
North:
L-1
Industrial
Undeveloped
Northeast:
R-3
Low Density Residential
Undeveloped
South:
M-1
Industrial
Undeveloped
East:
ARMH-2.5
Low Density Residential
Residential
West:
M-1
Industrial
Residential
ANALYSIS: This project is conditionally consistent with the M-1 zoning district and the General
Plan Land Use designation of Industrial which notes dwellings as secondary uses. This Use Permit
will allow a single family dwelling unit in a M-1 (Light Industrial) zone. No manufacturing uses
have been established in'the immediate project area, but at some point in the future manufacturing
uses could be established. It is possible that construction of a dwelling unit at the proposed location
could adversely affect development of future industrial uses in the area. Manufacturing or industrial
uses may be reluctant to locate in areas that are close to residential units due to nuisance complaints.
In addition, noise and odors from a nearby manufacturing use could impact the residents of the
dwelling unit on the project site. Potentially, this dwelling unit could become part of a future
industrial use as an accessory residence because there is ample area remaining on the parcel for an
industrial use.
■ Butte County Department of Development Services. ■ Planning Division ■
OA
The recent events on nearby Custer Lane point out the conflicts that could occur should an industrial
use be established on or near the project site. The M-1 zone allows for numerous types of uses, such
as warehouses, minor waste tire storage facilities, lumberyards, truck terminals, and construction
yards. These uses may create significant amounts of noise, emissions, and vehicle traffic, and will
have an aesthetic impact on the area. The residents of the area will most likely object should an
industrial use be established, even though the project area is zoned for an industrial use. Allowing
more.dwelling units in the project area will increase the potential for land use conflicts in the future.
The increase in vehicle traffic caused by the proposed use will not be significant. Sewer service will
be handled by an on-site septic tank/leachfield system. Domestic water will be obtained from the
Oroville Wyandotte Irrigation District.
The project site is located within the boundaries of the El Medio Fire District. They are requesting
that the proposal meet the requirements of the El Medio Fire District. The Butte County
Environmental Health Division is requesting that the septic system be installed under permit from
their Division. The Butte County Department of Public Works did not recommend any conditions
for this project.
There were six conditions of approval for the previous Use Permit:
1. Meet the requirements of the El Medio Fire District.
2. Erecting any structures within Pacific Gas & Electric tower line easement is prohibited.
3. Enter into an agreement to pay the Sheriff fees as required by the Butte County Board of
Supervisors.
4. Approach onto private road to access the project site from Lincoln Blvd. must meet County
standards.
5. Install a septic system under permit from the Butte County Environmental Health
Department.
6. Applicant must also comply with all other applicable State and local statutes, ordinances, and
regulations.
Conditions 1, 2, 5, and 6 have been recommended for this project should the Commission approve
this project. Condition 3 is not required because Sheriff Impact Fees will be collected at the time
of building permit or mobile home installation permit issuance. The Public Works Department did
not recommend any conditions, so Condition 4 is not required.
ENVIRONMENTAL DOCUMENTATION: This application has been determined to be exempt
from the California Environmental Quality Act (CEQA) as it is classified as Categorically Exempt
(Class 3(a)), and as such, is not subject to the requirements of CEQA. This Section allows for an
exemption to CEQA requirements when the project "consists of construction and location of limited
■ Butte County Department of Development Services ■ Planning Division ■
0 •
numbers of new, small facilities or structures; installation of small new equipment and facilities in
small structures..."
RECOMMENDATION: Staff recommends that the Planning Commission deny the application
for James Giles on APN 036-270-064 for a single-family dwelling unit in a M-1 zone, due to the
findings in the attached Exhibit "A". If the Commission can make the required findings to approve
this project, conditions found in the attached Exhibit "B" should be adopted.
Attachments: - Vicinity Map
Site Plan
■ Butte County Department of Development Services ■ Planning Division ■
0
•
KAPROJECTS\UPC\GILES.UP\G1LES.KPT
EXHIBIT A
Section 1: Environmental Findings.
E
A. This project is categorically exempt from the California Environmental Quality Act pursuant
to Section 15303(c), construction of new, small structures; and
Section 2: Zoning Ordinance Findings.
A. The proposed use of the property, pursuant to Butte County Code Section 24-100, may
conflict with, impair or be detrimental to the, uses permitted in the M-1 zone and the
Industrial General Plan designation in which it is located and/or adjoins because:
Residential uses and industrial uses are generally not compatible because the
industrial uses will cause significant impacts to the residential uses, such as noise,
emissions, vehicle traffic, and aesthetic impacts; and
2. Placing additional dwelling units in a M-1 zone will lead to future land use conflicts;
and
3. The proposed residence is not accessory to an existing or proposed land use; and
B. The proposed use of the property will be detrimental to the health, safety; and general welfare
of the persons residing or working in the neighborhood, or to the general health, welfare and
safety of the residents of the County in that the proposed use will lead to land use conflicts
with industrial uses and may affect the development of adjoining industrial lands.
Section 3: Action.
A. Subject to the findings indicated in Sections 1 and 2 of this Exhibit, move to deny the Use
Permit for James Giles on APN 036-270-064 to -allow a single-family dwelling unit in a M-1
(Light Industrial) zone.
■ Butte County Department of'Development Services ■ Planning Division ■
5
EXHIBIT B
Conditions of Approval:
1. Install a sewage disposal system under permit from the Environmental Health
Division.
2. Meet the requirements of the El Medio Fire District.
3. Erecting any structures within Pacific Gas, & Electric tower line easement is
prohibited.
4. Applicant must also comply with all other applicable State and local statutes,
ordinances and regulations.
■ Butte County Department of Development Services ■ Planning Division ■
6
Vicinity Map
/L E _
OrOV4 8
O
2 p
Q)
N
'L
'.S' r
m;
C1
CL
i'
Oro vil Bangor
o ect L ca ti n, Vi
sta Ave
`i
a -"
f`
f
r'
i
! I .%• 11
\......
UP98-17
APN 036-270-064
MM, I K
______
-------
P -Q
C-2
M-1
R-3
L-1
------------------1-------------------
-----------------i-------------------
g Project
Project Location
M-1
ARMH 2
ARMH
BUTTE COUNTY PLANNING CONBUSSION
Applicant: James Giles Owner: Same A I
Hearing Date: March 26, 1998 @ 9:00 arrL Existing Zone: M-1 (Light Industrial) N
Request: Use Permit to allow a modular home in an M-1 zone. No Scale
TAssessor Parcel No: 036-270-064 File:98-17
M
DEPARTMENT OF DEVELOPMENT SERVICES
BUTTE COUNTY UNIFORM APPLICATION
APPLICANT: Agent infotination to be pmvided is on other side:
APPLICANT'S NAME ( If applicant is different from owner an affidavit is required) ASSESSOR'S PARCEL NUMBER.
ADDRESS: CITY. STATE & ZIP CO FILE FILE NUMBER: (FOR OFFICE t SE,
1� Nce,-L-N Q1 v� 0- 4�6( LIP
- 1
NAME OF PROPOSED PROJECT ( If any TELEPHONE.
(S -3o) 'S`3�-33oi
LOCATION OF PROJECT ( Major cross street. and Address, if any )
)—► mesa L-r�J -I
GENERAL INFORMATION REQUIRED
OWNER'S NAME
``mss C 1
GENERAL PLAN AMENDMENT
TELEPHONE
(moo) :5"3 y -s�'r
ADDRESS:
CITY, STATE & ZIP CODE:
S'g-73 an-z-� S�8t0jo
93 -7b�.
ZONE
GENERAL PLAN
EXISTING LAND USE
SLIT SIZE ( in Square Feet or Acres
MINOR USE PERMIT
❑
BOUNDARY LINE MODIFICATION
❑
VARIANCE
❑
LEGAL LOT DETERMINATION
❑
MINOR VARIANCE
❑
E�7STLNG STRUCTURES ( in Square Feet)
❑
PROPOSED STRUCTURES ( in Square Feet J
❑
MINING AND RECLAMATION PLAN
/SWO
(Check One)
❑
(Check One)
❑ PROPERTY IS OR PROPOSED TO BE SEWERED
❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER
❑ PROPERTY IS OR PROPOSED TO BE ON SEPTIC
❑ PROPERTY IS OR PROPOSED TO BE ON WELL WATER
APPLICATION REQUESTED
❑
GENERAL PLAN AMENDMENT
❑ TENTATIVE SUBDIVISION MAI'
❑
REZONE
❑
TENTATIVE PARCEL MAP
❑FUSE PERMIT
❑
WAIVER OF PARCEL MAP
❑
MINOR USE PERMIT
❑
BOUNDARY LINE MODIFICATION
❑
VARIANCE
❑
LEGAL LOT DETERMINATION
❑
MINOR VARIANCE
❑
CERTIFICATE OF MERGER
❑
ADMINISTRATIVE PERMIT
❑
MINING AND RECLAMATION PLAN
❑
DEVELOPMENT AGREEMENT
❑
OTHER
PROJECT DESCR.117ION
FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. If this application is for a land division , describe the number and
size of parcels.) G`9 W (-I—
CW h Q, -
Planning ®ivisi
OWNER CERTIFICATION
I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AlrrHOR= AGENT OF THE OW ER OF 1HE .•kBUVE DESt:Rilrik�YAIMk
FURTHER. I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFI' THAT ALL OF THE AHU\, E IS I Rl E A.'Ij
ACCLRATE. (If an agent is to be authorized, exccutc an a$idavit of authortz,uoa and include the affidavit with this applicat,un . Orovill®r Cal
DATE: SIGNATURE:
n
AGEY'T A=OREEATION
To Butte County, Department of Development Services;
4Q zz -
Pring Nana ofAg mt xtd ?boas N
asy� y = i J
Mailing Addrea
is hereby authorized to process this application for
on my property, identified as Butte County Assessors Parcel Number
3L, - � -7b - 0Z0 ti . This authorization allows representation for all applications,
hearings, appeals, etc. and to sign all documents necessary for said processing, but not including
document (s) relating to record title interest.
Owner(s) of Record: (sign and print name)
Print Name
a
Q/!/Yli�2
Architect and/or Engineer:
Print Name of Arr—' Lcct/Eagi ccr sad Pboae Nurnber
Mailing Addten
FOR OFFICE USE ONLY
Verify.
Date received:
Print Name
Signuurs
Total amount received:
AP Number(s) Legal Description
Owners Authorization Zoning requirements
Project Description Copies of plot plan
Taken by . Receipt No. E.H. LD Plan FD
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 A
Make check payable to "Butte County Treasurer".
dt, COUNTY OF BUTTE
ENVIRONMENTAL INFORMATION FORM
(To be Completed By Project Applicant)
Date Filed
General Information:
1., Name and address of owner, and/or developer, and/or project sponsor: uA
V
2. Address of project: 57q'7 {,i Nei_ i j r>
Assessor's Parcel Number: eY3 .3L-)- 0&4
3. Name, address ,and telephone number o,�.pperso to b contacted concerning this project:
�� � 4 � i,i oYyu' SJn 'L-) !ury-�—Ux S -3a 3.5 r' t
4. List and describe any other related permits and other public ap rovals required for this project, in luding
those required bye regional, Qaje and federal agencies,: r�J
5. E.Visting general plan designation:
6. Existing zoning district: _
7. How is land currently used? T�ytZ
8. Proposed use of site (Project.for which this form is filed):
Project Description:
9. Site size:
(Acres/Sq. Feet)
10. Off-street parking spaces: Full size: Compact: Total:
11. Plans attached Yes �No
12. Proposed development schedule GA
13. Associated projects
14. Anticipated incremental or phased development
Attach description of project containing the following information:
15. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of
household size expected.
16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales
area and loading facilities.
17. If industrial, indicate type, estimated employment per shift, and loading facilities.
❑ Butte County Department of Development Services n Planning Division moping Division
1 D E C 3 0 1997
Oroville, California
s
0 •
18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy. loading
facilities, and community benefits to be derived from the project.
19. If the project involves a variance, conditional use, rezoning application, or any development permits, state this
and indicate clearly why the application is required. If permits have already been issued, please attach as
Exhibit
Are the following items applicable to the project or its effects? Discuss below all items checked
yes (attach additional sheets as necessary).
YES NO
20. Change in existing features of any hills, buttes, canyons
or substantial alteration of ground contours.
21. Change in scenic views or vistas from existing residential
areas or public lands or roads.
22. Change in pattern or character of general area of project. _l
23. Significant amounts of solid waste or litter. _ x
24. Change in dust, ash, smoke, fumes or odors in vicinity. _
25. Change in bay, lake, river, stream or ground water quality
or quantity, or alteration of existing drainage patterns.
26. Substantial change in existing noise or vibration levels
in the vicinity. _
27. Site on filled land or on slopes of 10 percent or more. _
28. Use of, or disposal of potentially hazardous materials,
such as toxic substances, flammable or explosives. _
29. Substantial change in demand for municipal services
(police, fire, water, sewage, etc. including special districts).
30. Substantially increase fossil fuel consumption
(electricity, oil, natural gas, etc.). _
31. Relationship to a larger project or series of projects.
0 Butte County Department of Development Services 0 Planning Division
0
Naming Division
D E C 3 0 1997
oroww, californo
Environmental Setting: (Attach brief description)
32. Describe the project site as it exists before the project, including information on topography, soil stability. plant=_
and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site and
the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted.
33. Describe the surrounding properties, including information on plants and animals and any cultural, historical
or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one -family.
apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set -back, rear
yard, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted.
Certification
I hereby certify that the statements furnished above and in the attached exhibits present the data and informatior,
required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are
true and correct to the best of my knowledge and belief.
Date Signature for
CJ
K:\FORMS\SUBMITTAL\ENV-INFO
Planning Division
AC 3 01997
Croviiie, Calitornia
0 Butte County Department of Development Services 0 Planning Division
3
� Ml
Public Hearing - James Giles - consideration of•an appeal of
the Planning Commission's' denial of a use -permit (item
determined to be categorically' exempt- from environmental
review) for a single family dwelling unit.-on'prop'erty zoned M-
1 (Light Industrial), property located 'approximately 1,972
feet west of Lincoln Blvd., at 5973'Lincoln Blvd., identified
as AP 036-270-064,, Oroville - action requested'. -SUBJECT TO
ENVIRONMENTAL FINDING A; -ZONING ORDINANCE FINDINGS A. AND B.
(STAFF MEMORANDUM DATED APRIL.10, 1998), STAFF RECOMMENDS THE
BOARD OF SUPERVISORS 'UPHOLD THE DECISION OF THE `PLANNING
COMMISSION -AND DENY THE APPEAL OF THE USE PERMIT FOR JAMES
GILES ON-APN 036-270-064 FOR A SINGLE-FAMILY DWELLING UNIT IN
A M-1 (LIGHT -INDUSTRIAL) ZONE. (2500)(**00) -
MOTION: I MOVE TO UPHOLD -THE APPEAL AND APPROVE THE USE
PERMIT FOR JAMES GILES ON APN 036-270-064'FOR A
SINGLE-FAMILY" DWELLING UNIT IN 'A M-1- .(LIGHT
INDUSTRIAL) ZONE; FIND THAT THERE ARE PRIOR
EXISTING DWELLINGS ON THE SAME DRIVE AND THAT THERE
IS AN ESTABLISHED RESIDENTIAL CHARACTER IN THE
GENERAL AREA; FIND THAT% THE PROPOSED USE OF THE
PROPERTY 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',INJURIOUSITO, SURROUNDING PROPERTIES, OR
DETRIMENTAL TO THE HEALTH OR 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 SUBJECT TO CONDITIONS OF
APPROVAL: 1.' .INSTALL':'A SEWAGE DISPOSAL SYSTEM
�- UNDER'- PERMIT FROM THE •- ENVIRONMENTAL HEALTH
DIVISION; 2.- MEET'THE'REQUIREMENTS OF THE EL MEDIO
FIRE DISTRICT'; 3. ERECTING ANY -STRUCTURES WITHIN
:PACIFIC GAS. & ELECTRIC TOWER EASEMENT 'IS
1 PROHIBITED; AND, A. 'APPLICANT MUST ALSO COMPLY
WITH ALL OTHER APPLICABLE STATE AND LOCAL STATUTES,
ORDINANCES'AND REGULATIONS. IT IS FURTHER MOVED
TO DIRECT STAFF TO INITIATE A REVIEW- BY THE
PLANNING COMMISSION OF ZONING IN THE PROPOSED AREA
• FOR A REPORT TO THE BOARD.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
BUTTE COUNTY OBARD OF SUPERVISORS MINUTES —.April 28; 1998
L9836 Public Hearing - James Giles -'consideration of an appeal of
the Planning Commission's' denial of a use, permit -(item
determined to. be. cat egorical ly',exempt.from environmental
review)jor a_single family dwelling unit on property zoned M-
1 (Light Industrial), property located approximately, 1,972
feet west of Lincoln Blvd., at 5973 Lincoln Blvd_., identified
as'AP 036-270-064, Orovill'e - action requested - SUBJECT ITO
ENVIRONMENTAL FINDING A; ZONING, ORDINANCE FINDINGS A. AND B.
(STAFF MEMORANDUM DATED APRIL 10, 1998), -STAFF RECOMMENDS THE
BOARD OF SUPERVISORS UPHOLD THE DECISION OF, THE PLANNING
COMMISSION AND DENY THE APPEAL OF THE USE PERMIT FOR JAMES
GILES ON APN 036-270-064 FOR A:SINGLE-FAMILY DWELLING UNIT IN,
A M-1 (LIGHT INDUSTRIAL)- ZONE. (2500)(**00)
MOTION: I MOVE TO UPHOLD THE APPEAL AND APPROVE THE USE
PERMIT FOR, JAMES GILES ON APN' 036-270-0647 FOR A•
SINGLE-FAMILY DWELLING UNIT IN A 'M-1 (LIGHT
INDUSTRIAL), ZONE; FIND THAT THERE- ARE PRIOR
EXISTING DWELLINGS ON THE SAME DRIVE AND THAT THERE
IS AN, ESTABLISHED RESIDENTIAL CHARACTER IN THE
GENERAL .AREA; FIND THAT ,THE PROPOSED USE OF -THE
PROPERTY ,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 PROPERTIES, OR
DETRIMENTAL TO THE HEALTH OR 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 SUBJECT TO..CONDITIONS OF,
APPROVAL: "1 INSTALL A SEWAGE DISPOSAL SYSTEM
UNDERPERMIT FROM THE 'ENVIRONMENTAL • HEALTH
DIVISION;- 2., . MEET 'THE REQUIREMENTS OF THE .ELI MEDIO
iFIRE DISTRICT; 3. ERECTING ANY STRUCTURES WITHIN
PACIFIC .GAS & ELECTRIC -TOWER EASEMENT. -IS
j PROHIBITED; AND, 4. APPLICANT MUST ALSO COMPLY
WITH ALL OTHER APPLICABLE STATE AND LOCAL STATUTES,
ORDINANCES AND REGULATIONS. IT IS FURTHER MOVED
TO DIRECT STAFF TO INITIATE A REVIEW BY' THE
PLANNING COMMISSION OF ZONING IN THE PROPOSED AREA
FOR A REPORT TO THE BOARD.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - April 289 1998
James Giles - (Item determined to be categorically exempt from environmental review) Use
Permit for a single family dwelling unit on property zoned M-1 (Light Industrial), located
approximately 1,972 ft. west of Lincoln Blvd., at 5973 Lincoln Blvd., identified as AP 036-
270-064, Oroville. (SB) (UP98-17) (VIDEO)
A video of the site was shown. Mr. Betts gave a brief summary of the project. He said staff is
recommending denial.
Commissioner Mooney said the report states that residents in the 'area could complain about
industrial uses and the industrial uses can complain about the residential uses. He said no one wins.
Chairman Lambert said it is a mixed situation in this area with both industrial and residential. She
noted receipt of the comments from Gary and Carol Zellmer.
The hearing was opened to the public.
Norman Lord, D & D Homes, said this request was previously approved, but Mr. Giles did not have
the money to proceed. He said this proposal is for Mr. Giles to live on his property. He said the
requirements for water and septic can be met.
Commissioner Mooney asked if this is approved there should be 'a condition to "Obtain an
encroachment permit and construct driveway to County standards on Lincoln Blvd."
James Giles said the driveway is a court appointed driveway off a paved right-of-way. He said he
has owned the property since 1991. He said behind him and around hien are residential houses and
industrial uses in front. He said he needs this permit to live ori his property.,
Robert Sellers said the property was originally zoned commercial -residential. He said the County
made the situation worse when they rezoned the property in the area to Industrial. Four parcels
where people want to build a house on their own property are in questions. He said Mr. Giles'
application should be approved.
The hearing was closed.
Commissioner Leland said it is a policy to separate industrial uses from residential uses. He said
they need to draw the line somewhere. He said residential uses in this location are incompatible with
the industrial zoning. He said he was in favor of a denial.
Commissioner Nelson asked staff if there was any movement in the area to install industrial uses?
Mr. Sanders said the Tile Co. on Lincoln Blvd. is new, but there has not been a lot of activity due
to a lack of infrastructure in this area.
Commissioner Mooney said he did not have a problem with approving this application.
Commissioner Cage said the permit should be approved where the uses are already co -existing.
Butte County Planning Commission Minutes - March 26, 1998 "
Commissioner Leland discussed rezoning the area back to commercial -residential. He said maybe
the area should be reviewed.
It was moved by Commissioner Mooney, seconded by Commissioner Cage, to approve, finding that
the proposed use of the property 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
properties, or detrimental to the health or general welfare of the persons residing or working in the
neighborhood, or to the general health, safety, and welfare of the residential of the County; and this
use is alright.
AYES: Commissioners Cage and Mooney
NOES: Commissioners Nelson and Leland, and Chairman Lambert
ABSENT: No one
ABSTAINED: No one
The motion failed.
Commissioner Nelson felt they should uphold the zone or change the zoning.
Commissioner Cage said at the present time the use is compatible with existing light industrial.
Mr. Sanders noted some of the M-1 uses that are allowed without a Use Permit that would not be
compatible with a residence. There was a discussion on allowing a caretaker or night watchman
residence, if an industrial use was established on the property. Mr. Sanders told Mr. Giles he could
appeal this decision.
It was moved by Commissioner Leland, seconded by Commissioner Nelson, and carried to deny this
request as follows:
Section 1: Environmental Findings.
A. This project is categorically exempt from the California Environmental Quality Act pursuant
to Section 15303(c), construction of new, small structures; and
Section 2: Zoning Ordinance Findings.
A. The proposed use of the property, pursuant to Butte County Code Section 24-100, may
conflict with, impair or be detrimental to the. uses permitted in the M-1 zone and the
Industrial General Plan designation in which it is located and/or adjoins because:
Residential uses and industrial uses are generally not compatible because the
industrial uses will cause significant impacts to the residential uses, such as noise,
emissions, vehicle traffic, and aesthetic impacts; and
2. Placing additional dwelling units in a M-1 zone will lead to future land use conflicts;
and
Butte County Planning Commission Minutes -March 26, 1998 ":
. I
3. The proposed residence is not accessory to an existing or proposed land use; and
B. The proposed use of the property will be detrimental to the health, safety, and general welfare
of the persons residing or working in the neighborhood, or to the general. health, welfare and
safety of the residents of the County in that the proposed use will lead to land use conflicts
with industrialuses and may affect the development of adjoining industrial lands.
Section 3: Action.
A. Subject to the findings indicated in Sections 1 and 2 of this Exhibit, move to deny the Use
Permit for James Giles on APN 036-270-064 to allow a single-family dwelling unit in a M-1
(Light Industrial) zone.
AYES: Commissioners Leland and Nelson, and Chairman Lambert
NOES: Commissioners Cage and Mooney
ABSENT: No one.
ABSTAINED: No one.
Butte County Planning Commission Minutes - March 26, 1998
Date 06/09/98 1velopment Services Departs'it
Time 3:40 pm ,,,}Applicant Billing Worksheet
UP 98-17 * James Giles
5973 Lincoln Boulevard
Oroville, CA 95966
In reference to Use Permit, AP#036-270-064
Rounding None
Full Precision No
Last bill
/ /
Last aging
Last charge
05/01/98
Last payment / /
Amount $0.00
Date/Slip#
Description
HOURS/RATE
AMOUNT
12/29/97
Steve B. / P
1.25
73.75
#14536
Processing
59.00
12/29/97
Teri B. / C
1.00
34.00
#14551
Clerical
34.00
12/29/97
Teri B. / C
1.00
34.00
#14553
Clerical
34.00
01/12/98
Larry P. / P
1.50
88.50
#14818
Processing
59.00
01/12/98
Steve B. / P
1.50
88.50
#14854
Processing
59.00
01/26/98
Steve B. / P
2.75
162.•25
#15014
Processing
59.00
02/09/98
Craig S. / P
0.50
29.50
#15318
Processing
59.00
02/23/98
Lynn R. / C
1.00
45.00
#15477
Clerical
45.00
03/23/98
Lynn R. / C
1.00
45.00
#15923
Clerical
45.00
04/20/98
Lynn R. / C
0.50
22.50
#16362
Clerical
45.00
Page 3
TOTAL
lovelopment
Date 06/09/98 Services
Departout
Time 3:41 pm Applicant Billing
Worksheet
Page 4
UP 98-17 * :James Giles (continued)
TOTAL BILLABLE TIME CHARGES
12.00
$623.00
Date/Slip# Description
QTY/PRICE
03/05/98 Teri B. / $C
1
43.20
#15469 Publish Legal Notice in Chico
43.20
Enterprise Record
TOTAL BILLABLE COSTS
$43.20
TOTAL NEW CHARGES
$666.20
PAYMENTS/REFUNDS/CREDITS
12/30/97 Deposit - Receipt 416160
(700.00)
06/09/98 Refund/Claim Form to Auditor
33.80
TOTAL PAYMENTS/REFUNDS/CREDITS
($666.20)
NEW BALANCE
TOTAL NEW BALANCE
$0.00
COS
• PLANNING
COUNTY OF BUTTE
Oroville, California
GENERAL CLAIM
CLAIMANT: James Giles
ADDRESS: 5973 Lincoln Boulevard
CITY & STATE: Oroville, CA 95966
DATE OF CLAIM: June 4, 1998
SUBMIT CLAIM TO DEPARTMENT RECEIVING GOODS OR SERVICES
IMPORTANT.•
SEE INSTRUCTIONS
ON REVERSE SIDE
DATE DESCRIPTION OF CLAIM (DESCRIBE FULLY TO AVOID DELAY) AMOUNT
6-4-98 UP 98-17, AP#036-270-064 - REFUND $33.180
TOTAL $33. 80
I, the undersigned, declare under penalty of perjury that the services or articles claimed have been performed or delivered, and that this claim is true and
correct as stated.
Dated this day of , 191-y-, at opsdiGLi e* 4Calif.
Signature of Claimant
I, the undersigned, hereby certify that, to the best of my knowledge, the services or articles specified above have been performed or delivered and that
there is a Budget Appropriation [M or Specific Board Approval [ J (Check one) for the same.
Dated this ci r" day of �i,--% e_ , 19_IL_, at B 2m)un s, Calif.
Department Head or Authorized Deputy
Dept. Code 480.001 Exp. Code 4210900 PAYABLE FROM GENERAL FUND
DO NOT WRITE BELOW THIS UNE - AUDrTOR'S USE ONLY
DEPT. & SUB. PROJ. SUB. OBJ. CLAIM NO. INV. NO: INV. DATE ENCUMB. GROSS AMT.
,June'4, 1998.
James Giles
5973 Lincoln Boulevard
Oroville, CA 95966
RE: Use Permit, AP#036-270-064
File No. UP 98-17
Dear Mr. Giles:
.... utte Count
L A N D O F NAT URAL W EA LT H A N D BEAUTY
DIRECTOR'S OFFICE
DEPARTMENT OF DEVELOPMENT SERVICES
7 COUNTY CENTER DRIVE • OROVI.LLE, CALIFORNIA 95965-3397
TELEPHONE: (530) 538-7601
FAX: (530) 53a-7785
The total cost for the processing of the above -referenced application is $666.20. Please sign, date, and return
the enclosed claim form to this office. Once we receive the claim form, we will then process your refund
in the amount of $33.80.
Deposit on 12-30-97, Receipt No. 16160 $704.04
Professional Planner $354.00
Mapping $ 88.50
Clerical $180.50
Legal Notice Publishing in
Chico Enterprise Record on 3-5-98 $ 43.20
Total $666.20
Refund Due $ 33.80
Should you have any questions, please contact Brian Larsen at 538-7601 Monday through Friday, between
8:00 a.m. and 4:00 p.m.
Sincerely,
11.11. A - v " - \ �--o at
Thomas A. Parilo
Director of Development Services
TAP,jb
Enclosure
cY=�
Date 06/03/98 '4velopment Services Depart#t
Time 3:01 pm Applicant.Billing Worksheet
APL 98-01 * James Giles
5973 Lincoln Boulevard
Oroville, CA 95966
In reference to Appeal of Use Permit No. UP 98-17
Rounding None
Full Precision No
Last bill / / Last aging
Last charge 05/15/98
Last payment / / Amount : $0:00
Date/Slip# Description
03/23/98 Steve B. / P
#16014 Processing
04/06/98 Steve B. /,P
#16101 Processing
04/06/98 Diana S. / C
416226 Clerical
04/20/98 Steve B. / P
#16534 Processing
05/04/98 Teri B. / C
#16600 Clerical
TOTAL BILLABLE TIME CHARGES
TOTAL BILLABLE COSTS
TOTAL NEW CHARGES
PAYMENTS/REFUNDS/CREDITS
03/26/98 Deposit - Receipt #227400
TOTAL PAYMENTS/REFUNDS/CREDITS
NEW BALANCE
New Current period
TOTAL NEW BALANCE
HOURS/RATE
AMOUNT
1.00
59.00
59.00
2.00
.118.00
59.00
1.00
34.00
34.00
1.00
59.00
59.00
1.00
34.00
34.00
6.00
(50.00)
254.00
Page 1
TOTAL
$304.00
$0.00
$304.00
($50.00)
$254.00
777
LAND OF NATURAL WEALTH AND .BEAUTY
�``a�<< PLANNING DIVISION
�? s DEPARTMENT OF DEVELOPMENT SERVICES
"r't r 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397
TELEPHONE: (530) 538-7601
'April 28,'1998 FAX: (530) 538-7785
James Giles
5973 Lincoln Blvd.
Oroville, CA 95966
Re: Use Permit, AP 036-270-064,.UP 98-17
Dear Mr. Giles:
At the regular meeting of the Butte County Board of Supervisors held April 28, 1998, your appeal
of the Planning Commission's denial for a Use Permit to allow a residential use in an M-1 zone, was
upheld and the Use Permit approved subject to the conditions listed on the enclosures. Please sign
both copies and return both copies to this Division within 40 calendar days.
A Notice of Exemption (NOE) should be filed for purpose of completing the California
environmental quality Act requirements. The fee for filing the NOE 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
Board of Supervisors' 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 Board of Supervisors, 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' .m., Monday through Friday.
Sin erely,
Lynn Richardson
Planning/Administrative
Support Service Assistant
Enc.
cc: D & D Homes
i 0"
April 14, 1998
James Giles
5973 Lincoln Blvd.
Oroville, CA 95966
spy �i�.: �:� • ..
_ tte ount
LAND. OF NATURAL WEALTH AND BEAUTY
PLANNING DIVISION
DEPARTMENT OF DEVELOPMENT SERVICES
7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397
TELEPHONE: (916) 538-7601
FAX: (916) 538-7785
Re: Appeal of Denial of Use Permit, AP 036-270-064, UP 98-17
Dear Mr. Giles:
Enclosed is a copy of the Agenda Report for the appeal hearing for your request for a Use Permit to
allow a modular home in an M-1 (Light Industrial) zone located at 5973 Lincoln Blvd., Oroville.
The appeal hearing will be on April 28, 1998 at 10:00 a.m. in the Board of Supervisors Room, 25
County Center Drive, Oroville, California.
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 Friday.
Sincerely,
Diana Shuey
Department of Development Services
Secretary
cc: D&D Homes, 2243 Feather River Blvd., Oroville, CA 95965
J:\WPDOCS\PCLTS\GILES.LTR
AGENDA REPORT
TO: Honorable Chair and Board of Supervisors
FROM: Development Services Department, Planning Division
DATE: April 10, 1998
REQUEST: Appeal 98-01 for James Giles: Appeal hearing of the Planning Commission's
decision to deny Use Permit 98-17 to allow a dwelling unit in a M-1 (Light
Industrial) zone. The subject property is located approximately 2,000 ft. west of
Lincoln Blvd., at 5973 Lincoln Blvd., Oroville. This project is located 'in
Supervisorial District 1.
FOR: Board of Supervisors Meeting of Apri128, 1998
SUMMARY: Staff recommends that the Board of Supervisors confirm the Planning Commission's
decision to deny this project.
DISCUSSION: On March 26, 1998, the Planning Commission held a public hearing on this Use
Permit request. Testimony was received from the public regarding the proposed dwelling unit. At
the conclusion of the public hearing, the Planning Commission voted 3-2 to deny the project.
This project is an appeal of the Planning Commission's action. The appeal is made pursuant to Butte
County Code section 24-45.30 and is a "de novo" hearing. All applications, papers, maps, exhibits,
and staff recommendations presented to the Planning Commission may be considered by the Board
in reaching a decision.
The Planning Commission discussed the implications of placing another dwelling unit in a
manufacturing zone, and took into consideration the recent industrial/residential land use conflict
problems on Custer Lane. One letter of objection to the proposed dwelling unit was received from
a nearby property owner. The property owner adjacent to the applicant's property voiced his support
of the proposed dwelling unit. The Planning Commission denied the Use Permit and made the
following findings in support of their decision:
1. Residential uses and industrial uses are generally not compatible because the
industrial uses will cause significant impact to the residential uses, such as noise,
emissions, vehicle traffic, and aesthetic impacts.
2. Placing additional dwelling units in a M-1 zone will lead to future land use conflicts.
3. The proposed residence is not accessory to an existing or proposed industrial land
use.
The Planning Commission agenda report is attached for background information.
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. This project qualifies for a categorical exemption to review under CEQA as per Section
15303 (Class 3 exemption), construction of small structures.
RECOMMENDATION: Staff recommends the Board of Supervisors uphold the decision of the
Planning Commission to deny UP 98-17 for James Giles as outlined in Exhibit 'W'.
Exhibits: A:
Findings and motion
Attachments: A:
P.C. minutes 03/26/98
B:
Agenda report 02/19/98
C:
Letter dated 03/04/98
D:
Site Plan
K:\PLANNING\PROECTSNUPC\GILES.UP\BGS.RPT
EXIT A
Section 1: Environmental Findings..
A. This project is categorically exempt from the California Environmental Quality Act pursuant
to Section 15303(c), construction of new, small structures; and
Section 2: Zoning Ordinance Findings.
A. The proposed use of the property, pursuant to Butte County Code Section 24-100, may
conflict with, impair or be detrimental to the uses permitted in the M-1 zone and the Industrial
General Plan designation in which it is located and/or adjoins because:
Residential uses and industrial uses are generally not compatible because the industrial
uses will cause significant impacts to the residential uses, such as noise, emissions,
vehicle traffic, and aesthetic impacts; and
2. Placing additional dwelling units in a M-1 zone will lead to future land use conflicts;
and
3. The proposed residence is not accessory to an existing or proposed industrial land
use; and
B. The proposed use of the property will be detrimental to the health, safety, and general welfare
of the persons residing or working in the neighborhood, or to the general health, welfare and
safety of the residents of the County in that the proposed use will lead to land use -conflicts
with industrial uses and may affect the development of adjoining industrial lands.
Section 3: Action.
A. Subject to the findings indicated in • Sections 1 and 2 of this Exhibit, move to uphold the
decision of the Planning Commission and deny the appeal of the Use Permit for James Giles
on APN 036-270-064 for a single-family dwelling unit in a M-1 (Light Industrial) zone.
u
March 31, 1998
James Giles
5973 Lincoln Blvd.
Oroville, CA 95966
. .. ..... ffutte, Count
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
Re: Use Permit, UP98-17, AP 036-270-064
Dear Mr. Giles:
PLANNING DIVISION
DEPARTMENT OF DEVELOPMENT SERVICES
7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397
TELEPHONE: (916) 538-7601
FAX: (916) 538-7785
The Clerk of the Board of Supervisors set a public hearing date for April 28, 1998, at 10:00
a.m., to consider your request for a Use Permit to allow a modular home in an M-1 (Light
Industrial) zone located at 5973 Lincoln Blvd., Oroville.
The meeting will be held in the Board of Supervisors' Room, County Administration Center,
25 County Center Drive, Oroville.
Should you have any questions regarding this matter, please contact Stephen Betts at this
Division.
Sincerely,
dy '
Lynn Richardson
Planning/Administrative
Support Service Assistant
/Ir
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Title
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JAMES GILES, OL H048SO99
5973 LINCOLN BLVD. 916-534-3994:"'
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March 26, 1998
James Giles
5973 Lincoln Blvd.
Oroville, CA 95966
uttecount
®« L A N D O F NATURAL WEALTH A N D BEAUTY
Re: Use Permit, AP 036-270-064, UP 98-17
Dear Mr. Giles:
PLANNING DIVISION
DEPARTMENT OF DEVELOPMENT SERVICES
7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397
TELEPHONE: (916) 538-7601
FAX: (916) 538-7785
The Butte County Planning Commission held a meeting on March 26, 1998, regarding your request
for a Use Permit to allow a residential use in an M-1 zone, was denied/denied without prejudice.
Should you desire to appeal this decision you must do so, in writing, with the appeal fee of $50.00
to the Clerk of the Board of Supervisors, 25 County Center Drive, Oroville, California, prior to the
expiration of the 10 -day appeal period which is at 5:00 p.m., Monday, April 6, T998.
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,
Lynn Richardson
Planning/Administrative
Support Service Assistant
/lr
k:\Iomis\denial.frtn
I
planning D1visi0n
MAR 0 91999
®roville, California
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, March 26, 1998, in the Butte County Board of Supervisors' Room, County
Administration Center, 25 County Center Drive, Oroville, California, regarding the following items:
ITEM DETERMINED TO BE CATEGORICALLY EXEMPT FROM
ENVIRONMENTAL REVIEW
9:00 a.m. - James Giles - Use Permit for a single family dwelling unit on property zoned M-1
(Light Industrial), located approximately 1,972 ft. west of Lincoln Blvd.. at 5973
Lincoln Blvd., identified as AP 036-270-064, Oroville. (SB) (UP98-17)
The above mentioned application and map are on file and available for public viewing at the office
of the Butte County Development Services Department, Planning Division, 7 County Center Drive,
Oroville,-California. For information call: (530) 538-7601 (Monday through Thursday, 8:00 a.m.
to 4:00 p.m.) Comments may be submitted in writing at any time prior to the hearing or orally at the
meeting listed above or as may be continued to a later date. If you challenge 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 on Thursday, March 5, 1998.
March 4, 1998
Regarding the approval requested above: In the past we found no reason
to be concerned about.res.i.dential.bu.ilding.on M-1 nro.pert.y. Now that
we. have ou.rproperty (4.8 ''acres' fronting on Lincoln and abutting south
of the new tile co.'and north of Ophir)on the market, we have become
aware of officials telling prospective buyers that residents nearby
(also built on M-1 or coml) would be offended by their proposals to
build businesses when that is exactly what we are zoned to have there.
Westrongly object to the county taking such a position and because of
this object to any -residential building being allowed in M-1 zoning.
It seems obvious that allowing residential will lead to only one thing
the same as homeowners did to farmers. Let homebuyers build in zoning
where there may be noise, dirt and other things common to industry and
the next thing, they are in courts suing everybody for the disturbance
of the peace around their homes... Unless each of every homeowner that
builds in such an area signs a statement never to be able to sue for
damages regarding any results of disturbance from industry, we very
much stand firm in saying no to this proposal.
Gary S. and Carol S. Zellmer Owners of Parcel #036-270-061-000
301 Discovery Way, Sequim, WA 98352 Lincoln Blvd, Oroville,CA
March 2, 1998
James Giles
5973 Lincoln Blvd.
Oroville, CA 95966
0
"7�k'--:-
utte Count,
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
Re: Use Permit, AP 036-270-064, UP 98-17
Dear Mr. Giles:
PLANNING DIVISION
DEPARTMENT OF DEVELOPMENT SERVICES
7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397
TELEPHONE: (916) 538-7601
FAX: (916) 538-7785
Enclosed is a copy of the Agenda Report concerning your application for a Use Permit to allow a
residential use in an M-1 zone 5973 Lincoln Blvd., 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 March 26, 1998, 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,
Lynn Richardson
Planning/Administrative
Support Service Assistant
Enc.
cc: D & D Homes Inc.
j:\cvpdocs\pclts\schedule. mrg
I
3.
Y,
•
AGENDA REPORT
TO: Honorable Chair and Planning Commission
FROM: Development Services Department
DATE: February 19, 1998
•
REQUEST: Use Permit UP 98-17 for James Giles on APN 036-270-064: A request for
a Use Permit for a single-family dwelling unit on property zoned M-1 (Light
Industrial), located approximately 1,972 ft. west of Lincoln Blvd., at 5973
Lincoln Blvd., Oroville. This project is located in Supervisorial District 1.
RELATED
ITEMS: Use Permit 91-40 (void)
FOR: Planning Commission Meeting of March 26. 1998
SUMMARY: Staff recommends denial of this application subject to the findings contained herein.
APPLICABLE BUTTE COUNTY REGULATIONS: This Use Permit application is submitted
pursuant to Butte County Code Sections:
24-45 (Use Permits) which requires that an application be submitted and a public hearing be held
by the Planning Commission. The Commission may grant a Use Permit when it finds that the
proposed use of the property 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
properties, or detrimental to the health or 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; and
24-175.C.7 - M-1 Zone (Light Industrial) which requires that a conditional Use Permit be obtained
for non -accessory residential uses.
PROJECT CHARACTERISTICS: This project is a Use Permit request to allow a dwelling unit
in a M-1 (Light Industrial) zone. The Land Use Element Map of the Butte County General Plan
designates the project site as Industrial. A Use Permit is required for residential uses that are not
accessory to a manufacturing use.
The property is 5.05 acres in size and has been developed with a barn. High voltage power lines
cross the eastern portion of the site. Access to the property is via a long, mostly unpaved road off
■ Butte County Department of Development Services ■ Planning Division ■
of Lincoln Blvd. The two parcels to the west of the property and the parcel to the east have been
developed with single family dwelling units. The parcels to the north and south are undeveloped.
The nearest manufacturing uses are located along Lincoln Blvd. The property has already been
connected to OWID for domestic water supply.
A Use Permit (91-40) was approved by the Planning Commission on July 25, 1991 to allow a
dwelling unit on the property. A dwelling unit was never placed on the property, and the Use Permit
is considered to be null and void because the use was never established within the time limits
specified in the Use Permit.
The project area was zoned M-1 on February 28, 1984. The previous zoning was Agricultural
Residential (AR) and C-1. The dwelling unit on the adjacent parcel to west was constructed when
the area was zoned AR. The dwelling unit on the parcel further to the west was constructed when
that parcel was zoned C-1, which at the time allowed dwelling units. As such, these two dwelling
units are considered pre-existing, nonconforming uses.
PROJECT AND SURROUNDING ZONING GENERAL PLAN DESIGNATION AND
EXISTING LAND USE: Described below are,the project and surrounding zoning, general plan land
use designation and the existing land uses.
Direction
Zoning
General Plan
Existing Land Use
Project:
M-1
Industrial
Barn
North:
L-1
Industrial
Undeveloped
Northeast:
R-3
Low Density Residential
Undeveloped
South:
M-1
Industrial
Undeveloped
East:
ARMH-2.5
Low Density Residential
Residential
West:
M-1
Industrial
Residential
ANALYSIS: This project is conditionally consistent with the M-1 zoning district and the General
Plan Land Use designation of Industrial which notes dwellings as secondary uses. This Use Permit
will allow a single family dwelling unit in a M -I (Light Industrial) zone. No manufacturing uses
have been established in the immediate project area, but at some point in the future manufacturing
uses could be established. It is possible that construction of a dwelling unit at the proposed location
could adversely affect development of future industrial uses in the area. Manufacturing or industrial
uses may be reluctant to locate in areas that are close to residential units due to nuisance complaints.
In addition, noise and odors from a nearby manufacturing use could impact the residents of the
dwelling unit on the project site. Potentially, this dwelling unit could become part of a future
industrial use as an accessory residence because there is ample area remaining on the parcel for an
industrial use.
■ Butte County Department of Development Services ■ Planning Division ■
2
The recent events on nearby Custer Lane point out the -conflicts that could occur should an industrial
use be established on or near the project site. The M-1 zone allows for numerous types of uses, such
as warehouses, minor waste tire storage facilities, lumberyards, truck terminals, and construction
yards. These uses may create significant amounts of noise, emissions, and vehicle traffic, and will
have an aesthetic impact on the area. The residents of the area will most likely object should an
industrial use be established, even though the project area is zoned for an industrial use. Allowing
more dwelling units in the project area will increase the potential for land use conflicts in the future.
The increase in vehicle traffic caused by the proposed use will not be significant. Sewer service will
be handled by an on-site septic tank/leachfield system. Domestic water will be obtained from the
Oroville Wyandotte Irrigation District.
The project site is located within the boundaries of the El Medio Fire District. They are requesting
that the proposal meet the requirements of the El Medio Fire District. The Butte County
Environmental Health Division is requesting that the septic system be installed under permit from
their Division. The Butte County Department of Public Works did not recommend any conditions
for this project.
There were six conditions of approval for the previous Use Permit:
1. Meet the requirements of the El Medio Fire District.
2. Erecting any structures within Pacific Gas & Electric tower line easement is prohibited.
3. Enter into an agreement to pay the Sheriff fees as required by the Butte County Board of
Supervisors.
4. Approach onto private road to access the project site from Lincoln Blvd. must meet County
standards.
5. Install a septic system under permit from the Butte County Environmental Health
Department.
6. Applicant must also comply with all other applicable State and local statutes, ordinances, and
regulations.
Conditions 1, 2, 5, and 6 have been recommended for this project should the Commission approve
this project. Condition 3 is not required because Sheriff Impact Fees will be collected at the time
of building permit or mobile home installation permit issuance. The Public Works Department did
not recommend any conditions, so Condition 4 is not required.
ENVIRONMENTAL DOCUMENTATION: This application has been determined to be exempt
from the California Environmental Quality Act (CEQA) as it is classified as Categorically Exempt
(Class 3(a)), and as such, is not subject to the requirements of CEQA. This Section allows for an
exemption to CEQA requirements when the project "consists of construction and location of limited
■ Butte County Department of Development Services ■ Planning Division ■
•
•
numbers of new, small facilities or structures; installation of small new equipment and facilities in
small structures..."
RECOMMENDATION: Staff recommends that the Planning Commission deny the application
for James Giles on APN 036-270-064 for a single-family dwelling unit in a M-1 zone, due to the
findings in the attached Exhibit "A". If the Commission can make the required findings to approve
this project, conditions found in the attached Exhibit "B" should be adopted.
Attachments: - Vicinity Map
Site Plan
■ Butte Counry Department of Development Services ■ Planning Division ■
4
•
K:\PRO.IECTS\UPC\GILES.UP\GILES.RPT
Section 1: Environmental Findings.
•
EXHIBIT A I � r
A. This project is categorically exempt from the California Environmental Quality Act pursuant
to Section 15303(c), construction of new, small structures; and
Section 2: Zoning Ordinance Findings.
A. The proposed use of the property, pursuant to Butte County Code Section 24-100, may
conflict with, impair or be detrimental to the uses permitted in the M-1 zone and the
Industrial General Plan designation in which it is located and/or adjoins because:
Residential uses and industrial uses are generally not compatible because the
industrial uses will cause significant impacts to the residential uses, such as noise,
emissions, vehicle traffic, and aesthetic impacts; and
2. Placing additional dwelling units in a M-1 zone will lead to future land use conflicts;
and
3: The proposed residence is not accessory to an existing or proposed land use; and
B. The proposed use of the property will be detrimental to the health, safety, and general welfare
of the persons residing or working in the neighborhood, or to the general health, welfare and
safety of thexesidents of the County in that the proposed use will lead to land use conflicts
with industrial uses and may affect the development of adjoining industrial lands.
Section 3: Action.
A. Subject to the findings indicated in Sections l and 2 of this Exhibit, move to deny the Use
Pen -nit for James Giles on APN 036-270-064 to allow a single-family dwelling unit in a M-1 .
(Light Industrial) zone.
■ Butte County Department of Development Services ■ Planning Division i
5
Conditions of Approval:
1. Install a sewage disposal system under permit from the Environmental Health
Division.
2. Meet the requirements of the El Medio Fire District.
3. Erecting any structures within Pacific Gas & Electric tower line easement is
prohibited.
4. Applicant must also comply with all other applicable State and local statutes,
ordinances and regulations.
■ Butte County Department of Development Services ■ Planning Division ■
6
UP98-17
APN 036-270-064
Vicinity Map
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--__--_ARMH 2
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Project Location
a
M-1 I ARM
BUTTE COUNTY PLANNING CONMUSSION
Applicant: James Giles Owner: Same
Hearing Date: March 26, 1998 @ 9:00 a.m. EAsting Zone: M -I (Light Industrial) N
Request: Use Permit to allow a modular home in an M-1 zone. No Scale
Assessor Parcel No: 036-270-664 File: 98-17
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, March 26, 1998, in the Butte County Board of Supervisors' Room, County
Administration Center, 25 County Center Drive, Oroville, California, regarding the following items:
ITEM DETERMINED TO BE CATEGORICALLY EXEMPT FROM
'ENVIRONMENTAL REVIEW
9:00 a.m. - James Giles - Use Permit for a single family dwelling unit on property zoned M-1
(Light Industrial), located approximately 1,972 ft. west of Lincoln Blvd., at 5973
Lincoln Blvd., identified as AP 036-270-064, Oroville: (SB) (UP98-17)
The above mentioned application and map are on file and available for public viewing at the office
of. the Butte County Development Services Department, Planning Division, 7 County Center Drive,
Oroville, California. For information call: (530) 538-7601 (Monday through Thursday, 8:00 a.m.
to 4:00 p.m.) Comments may be submitted in writing at any time prior to the hearing or orally at the
meeting listed above or as may be continued to a later date. If you challenge 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 on Thursday, March 5, 1998.
:-- \
ro. -
February 25, 1998
James Giles .
5973 Lincoln Blvd
Oroville, CA 95966
:r,•w•`.e,^sem.
,. utte fount
LAND OF NATURAL WEA LTH AND BEAUTY
PLANNING DIVISION
DEPARTMENT OF DEVELOPMENT SERVICES
7 COUNTY CENTER DRIVE - -OROVILLE, CALIFORNIA 95965-3397
TELEPHONE: (916) 538-7601
FAX: (916) 538-7785
Re: - Use Permit for James Giles on APN 036-270-064, File # UP 98-17
Dear Mr. Giles,
Enclosed please find copies of the comments we have received from other Butte County
agencies regarding your application for a Use Permit: Please review these comments and
the conditions that are requested as part of the project's approval. Your project has been
scheduled for a hearing by the Butte County Planning Commission on March 26, 1998.
You will receive additional notice of this hearing, along with a copy of the staff report.
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,
A;I( B�
Stephen
Betts
Associate Planner
encl
K:\PLANNING\PROJECTS\UPC\GILES.UP\COMMENTS.LET
MEMORANDUM
TO: Memo to File UP 98-17 for James Giles, APN 036-270-064
FROM: Steve Betts, Associate Planner 5& -
SUBJECT: EI Medio Fire District Condition
DATE: January 29, 1998
DISCUSSION: The comment sheet received back from the EI Medio Fire District stated
that the project site is not in their district. I called them and spoke to the Fire Chief, Rusty,
about this. He stated he was wrong and that the parcel is in the EI Medio Fire District. He
requested that a condition be put in requiring that development on the parcel meet the
requirements of the EI Medio Fire District.
■ Butte County ■ Department of Development Services ■ Planning Division ■
1
ti
BUTTE COUNTY
DEPARTMENT OF DEVELOPMENT SERVICES
PLANNING DIVISION
TO: City of Oroville
FROM: Butte County Planning Division
RE: Request for Comments on a Development Application: James Giles, UP 98-17
DATE: January 8, 1998 CONTACT PERSON: Stephen Betts
The Planning Division has received a project application for the property described below. The purpose of this
comment sheet is to:
1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the
project and submit conditions, if any; and to
2. Determine th6 appropriate environmental documents to prepare for this project, as well as to identify particular
environmental concerns to be addressed or mitigation measures your agency/department may want
incorporated.
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. 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 modular home in an M-1 zone on property zoned M-1 (Light Industrial)
located on 5973 Lincoln Blvd.. Oroville, identified as APN 036-270-064. Supervisorial District No. 1.
THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one)
_X_ PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON May 14 , 1998.
COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN January 22, 1998. If no comments or
communicafions are received by the above date, the assumption will be made that your agency has no comment.
COMMENTS (Attach additional pages if necessary):
& COJ1J/,A%6 -/-VIE f�P,9„�s���✓ p< �� ��isi ��� N®o✓-Cta�/�a�.�...��
f/S'F /4 Ani sl'1— / Z coV C a..J C-Z,-,J.C1? 11.3' 71.fi
.oa rf i TIAL X-o%t GB^/.�LI �?' ti/l9ei✓ T� ay.ss��.� e �f�e Lra�/�77�
By. � Date:
IAN _2 f>..t002
7 County Center Drive - Oroville, California 95965 - 916-538-7601 -FAX 916-538*-WI1e, California
i
Environmental Health
BUTTE COUNTY JAN 5�q
DEPARTMENT OF DEVELOPMETL, SERVICEP97
PLANNING DIVISIONounty Center Drive
Oroville, Ca
TO: Environmental Health
FROM: Butte County Planning Division
RE: Request for Comments on a Development Application: James Giles, UP 98-17
DATE: December 30,1997 CONTACT PERSON:
The Planning Division has received a project application for the property described below. The purpose of this
comment sheet is to:
1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the
project and submit conditions, if any; and to
2. Determine the appropriate environmental documents to prepare for this project, as well as to identify
particular environmental concerns to be addressed or mitigation measures your agency/department may
want incorporated.
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. 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
Industrial located on !
1.
ular home -in -an M-1 zone on proper _zbned M-1 (Light
identified as APN 036=270-064. Supervisorial District No.
THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one)
_X PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON May 14, 1998.
COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN January 13, 1998. 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):
ns� 1 5► -T I c S f ir n- LA T F7tL n v-�
Eh� 12v✓1kM.1`t L. rAt-
7 County Center Drive - Oroville, California 95965 - 530-53$=7601 - FAX 530-538-7785
J AN 13 1998
Oroville, Calitornia
BUTTE COUNTY
DEPARTMENT OF DEVELOPMENT SERVICES
PLANNING DIVISION
TO: LAFCo
FROM: Butte County Planning Division
RE: Request for Comments on a Development Application: James Giles, UP 98-17
DATE: January 8,1998 CONTACT PERSON: Stephen Betts
The Planning Division has received a project application for the property described below. The purpose of this
comment sheet is to:
1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the
project and submit conditions, if any; and to
A
2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular
environmental concerns to be addressed or mitigation measures your agency/department may want
incorporated.
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. 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 modular home in an M-1 zone on property zoned M-1 (,Light Industrial)
located on 5973 Lincoln Blvd.. Oroville, identified as APN 036-270-064. Supervisorial District No. 1.
THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one)
_X_ PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE'ON May 14 , 1998.
COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN January 22, 1998. If no comments or
communications are received by the above date, the assumption will be made that your agency has no comment.
7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-53bla' ie, California
BUTTE COUNTY
DEPARTMENT OF DEVELOPMENT SERVICES
PLANNING DIVISION
TO: Public Works
FROM: Butte County Planning Division
RE: Request for Comments on a Development Application: James Giles, UP 98-17
DATE: December 30,1997 CONTACT PERSON:
The Planning Division has received a project application for the property described below. The purpose of this
comment sheet is to:
1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the
project and submit conditions, if any; and to
2. Determine the appropriate environmental documents to prepare for this project, as well as to identify
particular environmental concerns to be addressed or mitigation measures your agency/department may
want incorporated.
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. 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 modular home in an M-1 zone on property zoned M-1 (Light
Indushian located on 5973 Lincoln Blvd.. Oroville, identified as APN 036-270-064. Supervisorial District No.
1.
THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one)
_X PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON May 14, 1998.
COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN January 13, 1998. 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):
/. "/2i l 011;/I/ //G 'G1411
V-4
7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-77MdF'ihiho ®lvis1011
JAN 0 7 1998
OrW-Ile,'California
WO IMNOUA30 ONn
1311nS,J0AINAOp
16610£339
C13A1333?J
JAN -28-98 10:21 AM EL MEDIO FIRE DEPT 916 5339606 P.01
BUTTE COUNTY
DEPARTMENT OF DEVELOPMENT SERVICES
PLANNING DIVISION
TO:
FROM: Butte County Planning Division
RE: Request for Comments on a Development Application: James Giles, UP 98-17
DATE: January 14,1998 CONTACT PERSON: Stephen Betts
The Planning Division has received a project application for the property described below. The purpose of this
comment sheet is to:
1. Determine If the Information contained in the application Is adequate to allow your jurisdiction to review the
project and submit conditions, If any: and to
2. Determine the appropriate environmental documents to prepare forthis pro)ect, as well as to identify particular
environmental concerns to be addressed or mitigation measures your agency/department may want
Incorporated.
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. 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 to all6w a residential use in an M-1 zone on property zoned M-1 (Light
Industrial) located on 5973 Lincoln Blvd., Oroville, Identified as APN Q36-270-064. Supervisorial District No. 1.
THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one)
PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON May 14, 1998.
COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN January 28, 1998. N 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:
k1ormStomment.lrm (Rev. 08-26-97 cbs)
6
Date:
Planning Divisic,r,
14 IV Z 8 1998
7 County Centcr Drive - Oroville. California 95965 - 530-538-7601 - FAX 530-538-7785
OfOWUGs Califorrlia
0 Use PermitsNadances
E
M-2
CL
UP9&17
AN 036-270-064
James Giles
R-3
M-1
L -I
Project Location
..................
ARMH 2
M-1 I ARMH
USE PERMIT
BUTTE COUNTY PLANNING COMMISSION
Planning Division
DEC -3 0 1997
Oroville, California
October 3. 1991
DATE: (Certified Mail Rec.)
91-40
PERMIT NO.
AP 036-270-064
ASSESSOR'S PARCEL NO.
Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the
special conditions set forth below: James Richard Giles is hereby granted a Use Permit
in accordance with application filed: 7/2/91 to allow .a single family residence in an
industrial M-1 zone located east of Lincoln Blvd., Oroville.
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 by the Permittee within 12 months of the
delivery of the countersigned permit to the Permittee.
3. If any use for which a use permit has been granted is not established within
one year of the date of receipt of the countersigned permit by the
Permittee, the permit shall become null and void and reapplication and a
new permit shall be required to establish the use.
4. The terms and conditions of this permit shall run with the land and shall be
binding upon and be to the benefit of the heirs, legal representatives, successors,
and assigns of the Permittee.
SPECIAL CONDITIONS:
1. Meet the fire prevention requirements of the El Medio Fire District.
2. Erecting any structures within Pacific Gas & Electric Co. tower line easement is
prohibited.
3. Enter into an agreement to pay the Sheriff fees as required by the Butte County
Board of Supervisors.
4. Approach onto private road to access the project site from Lincoln Blvd. must
meet County standards.
LEAD - Ilii SHEET
FILE NO: U P 48- 1 -7 AP -9
APPLICANT:
Name
OWNER:
Name :Address
RESPRESENTATIVE: ) `f
Name TO�
allow 0.t(4-41 4 v �
REQUEST: �61 ar--a 1 A� Q �„ ev►•L 7 �—
SIZE:
LOCATION:
SUPERVISORAL DISTRICT # EXISTING ZONING: n1 `
ZONING HISTORY:
SURROUNDING ZONING:
SURROUNDING LAND USE:
SITE HISTORY:
GENERAL PLAN DESIGNATION:
APPLICABLE REGULATIONS:
k:\forms\lead-in
planning Division
DSC 3 01997
®roville, California
COUNTY OF BUTTE
DEPARTMENT OF PUBLIC WORKS
NOTICE
03'G-27-0-064
GILEES, JAMES
COiVTR : OW14ER —
50 70 L I iJC0Li4, 0P"D,i . LLE _
TRAVEL TRA 1 LE`R UT I L
PERMITTEE MUST CALL
FOR INSPECTIONS
INSPECTION DATE INSPECTOR
Footings
Piers
.Underground Conduit
Pre-Gunite
Do Not Pour Concrete Until Above Signed
Underfloor Plumbing
Underfloor Electrical
Underfloor Mechanical
Underfloor Framing
Slab
Do Not Install Floor or Slab Until Above Signed'
Rough Plumbing
Rough Electrical
Rough Mechanical
Framing
Insulation
Shower Pan
•
-
Sate COunt
DEPARTMENT OF PUBLIC WORKS
WILLIAM (Bill) CHEFF, Director
7 (,MINTY CEN1F11 IN11VF 1 onovlt.l F, r.AI 11'011NIA 1100
Telephone. (916)538.7541
RE: Attached Building Permit RONALD D. McELROY
Deputy Director
ong with the approved set of plans and a job card.
b site in a conspicuous location for the :inspector
of construction, and also have the approved set of
Inspections will not be made if the job card and
the time of inspection.
plans before construction and make note of any
f these notes or corrections are not clear to you,
proceed with the work without making the correction.
inspector before proceeding with each item listed.
to correction notice will list the corrections to
ust be made before going any further. Please allow
. to occupy this building or portion of building for
.t ap.pF,oval from this office. On certain occasions
ted. Please do not confuse gas or electrical service
earance. Before occupancy, all of the "final items"
d by the inspector or special permission given.
Do Not Cover Until Above Signed date of issuance.
Fireplace Footing
Fireplace Throat expiration date,
Do Not Continue Fire lace Until Above Si ned been made within
Stucco Lath s not commenced,
Scratch and Brown
Do Not Cover Until Above Sinned
If the work has started, but is
a renewal permit is required. If
30 days of the original permit
a new permit application and fees
Sewer Service by this permit, please contact this office for final
Water Service
Pool Final
Plumbing Final cerning this letter or any other matter pertaining
Electrical Final not hesitate to contact this office.
Mechanical Final
Building or M.H. Final I Yours very truly,
DO NOT OCCUPY UNTIL
ALL THE ABOVE IS SIGNED
AND THE BUILDING OR MOBILEHOME
IS APPROVED FOR OCCUPANCY
CHICO - 1469 Humboldt Road - 891-2751
OROVILLE - 7 County Center Drive -. 538-7541
PARADISE - 747 Elliott Road - 872-6307
VISE 8191
William Cheff
Director of Public Works
J.F. Glander
Manager, Building Inspection.
EOE t;OUNTY DEPARTMENT OF PU10C v.."ALTH
DIVISION OF ENVIRONMENTAL HEALTH
SEWAUE D ISPO'SAL PERMIT
1469 HUMBOLDT ROAD 7 COUNTY CENTER DRIVE
CHICO, CALIFORNIA 95928 OROVILLE, CALIFORNIA 95965
Telephone (916) 891-2727 Telephone (916) 538-7281
Date Issued
EXPIRES ONE YEAR FROM DATE OF ISSUANCE
Permit Issued to
L[.
).11
To construct a sewage disposal system for. ��� i7 iji'l.`1 �� /�/ f �i;�i r .� dC-
Located at: ��i �� j . ►'1(':.� L. r.-) A. P. #
SEWAGE DISPOSAL SYSTEM REQUIREMENTS
SEPTIC TANK
Liquid capacity: gallons
Material
LEACHING FIELD
Total length: feet
Trench width: inches
Minimum No. of lines:
Rock under pipe inches
Special conditions: —I —7? 24 ) r
Additional leaching field will be required if experience shows it to be necessary. No part of the system may be located within
50 feet of the center line of any County Road.
NOTE: Satisfactory inspection by the Health Department is required before backfilling or putting the system into use.
Occupancy of a new building is not permitted until the system is approved.
Permit Fee $ %L% Penalty Fee $ TOTAL FEE $
Additional Fee $ /
Receipt No. a�f Z7 [, Issued By:
ENVIRONMENTAL HEALTH SPECIALIST
S31 - 278R (Rev. 6/94)
planning C)ivision
DEC 3o
1997
®roville, California
(Rev. 12/96)
COUNTY OF BUTT_ EPARTMENT OF DEVELOPMENT SEES - BUILDING DIVISION
7 County Ce Drive - Oroville, California 95965 - Te hone (916) 538-7541
APPLICATION AND PERMIT
PERMIT NO.
ASSESSOR PARCEL NUMBER n36-270-064
ZONING M1
BUILDINGPERMIT
OWNER JAMES GILES
TELEPHONE
SO. Ff. OCC. BUILDING VALUATION
1540 R 83160
OWNER's TT NCOLN BLVD. OROVILLE 95966
CONTRACTIBS g1Mb MOBILE HOMES
TELEPHONE
CONTRACTOR'S MAILING ADDRESS
CONSTRUCTION LENDER
Fireplace
LENDER'S MAILING ADDRESS
Total Valuation $
ARCHITECT OR ENGINEER
LICENSE NO.
Filing Fee
$ 20.00
Permit Fee
$ 283.75
ARCHITECT OR ENGINEERS MAILING ADDRESS
Plan Checking Fee
$ 23.00
BUILDING ADDRESS
5973 LINCOLN BLVD.
Energy Plan Checking Fee
$
$
OROVILLE
PERMIT FEE
$ 426.75
LOT NO.
SUBDIVISIONS NAME
PARCEL MAP
PLUMBING PERMIT
Filing Fee 20.00
USEOFSTRUCTURE
SF ❑ Duplex ❑ Mobilehome T] Other
SPECIFY
Each Trap
7.00
Solar or heat pump water heater
23.00
Water piping
15.00 15.00
Each gas water heater or vent
15.00
TYPE OF WORK
}X(
New ❑ Addition ❑ Remodel ❑ Utilities ❑ Installation ❑ Other ❑
Describe Work: MOBILE HOME ON PERMANENT FOUNDATION
Gas piping system 1 - 5 outlets
15.00 15.00
Building sewer
15.00 15.00
Mobile Home IS GI W1
920.00
PERMIT FEE
S 65.00
ELECTRICAL PERMIT
Filing Fee 20.00
Main Service zoo OR mss
23.00 23.00
LICENSED CONTRACTOR'S DECLARATION
I hereby affirm under penalty of perjury that 1 am licensed under provisions of Chapter
9 (commencing with Section 7000) of Division 3 of the Business and Professions Code,
and my license is in full force and effect.
License Class �� Lic. No. ?) Ste/ i
OWNER -BUILDER DECLARATION
1 hereby affirm under penalty of perjury that I am exempt from the Contractors License
Law for the following reason:
❑ 1, as owner of the property, or my employees with wages as their sole compensation,
will do the work, and the structure is not intended or offered for sale.
❑ I, as owner of the property, am exclusively contracting with licensed contractors
to construct the project.
❑ 1 am exempt under Sec. Business and Professions Code for this
reason
WORKERS' COMPENSATION DECLARATION
1 hereby affirm under penalty of perjury one of the following declarations:
❑ 1 have and will maintain a certificate of consent to self -insure for workers'
compensation, as provided for by section 3700 of the Labor Code, for the
performance of the work for which this permit is issued.
❑ 1 have and will maintain workers' compensation insurance, as required by Section
3700 of the Labor Code, for the performance of work for which this permit is issued.
My workers' compe�ation insurance carrier and policy number are:
Carrier ZO-- i �----
Main Service ( 200A TO 1000A
46.00
NEW CONST. DWELLING OCCUP.
OR ADDNS. ( S. ACC. BLDS.
SO
3.5¢FT,
NON-RESID. ( BRANCH C RCUITs )
-
@7.50
WER APPARATUS
b POSINGLE OUTLET CR.
Ex. Occup. OUTLET OR FIXTURES
200 1'00
BAIL p .50
Ex. Occup. ourLEEDrs RESO.DeA
5.00
Temporary Service
23.00
Mobile Home Facilities
20.00
Misc. Wiring
23.00
PERMIT FEE
$ 43.00
MECHANICAL PERMIT
Filing Fee 20.00
Heating
Cooling
Hood
6.50
Ventilation
PERMIT FEE
$
Policy Number i Ll 3) ��'�� l''
(The above sections need not be completed if the permit is for work of a valuation
of one hundred dollars ($100) or less.)
❑ 1 certify that in the performance of the work for which this permit is issued, I shall
not employ any person in any manner so as to become subject to workers'
compensation laws of California, and agree that if I should become subject to the
workers' compensation provisions of section 3700 of the Labor Code, I shall
h pl with . ose provisions.
Iof
X .\. !� "-L Date J -
CZ-(_C7/
------
Sign a of App�c t - ❑ Owner ❑ Contractor gent
An OSHA permit i�,fequired for excavations over 50" deep and demolition or construction
of structures over 3 stories in height.
Mobile Home Installation Fee
$
Energy Inspection Fee $
occ
CONST. TYPE
TOTAL FEE $ 434.75
HAZ.
D. FEES
IMP
I FLOOD
I CDF
PARCEL PD
HO
ISSUE
This permit is hereby issued under
the Butte County Code and/or
indicated above for which tees have
By
PERMIT EXPIRES ON
the applicable provisions
Resolutions to do work
been paid.
Date
Date
Receipt No. Z°_
WHITE-D.D.S.-B.D. CANARY -ASSESSOR PINK -INSPECTOR GOLDENROD -APPLICANT
• .0
Planning Division
UCC p 1997
Oroviile, California
7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397
TELEPHONE: (916) 538-7601
October 3, _ 1991
James Richard Giles
P. O. Box 5566
Oroville, CA 95966
CERTIFIED MAIL
Re: Use Permit, AP No. 036-270-064
Dear Mr. Giles:
Enclosed is your validated Use Permit No. 91-40 to allow a single family residence in
an industrial M-1 zone located east of Lincoln Blvd., Oroville. .
Should you have any questions regarding this matter, please contact this office between
10:00 a.m. and 3:00 p.m.
Sincerely,
Paula Leasure
Assistant Director of Planning
BAK:bd
Enclosure
cc: Department of Public Works (2)
Environmental Health
Department of Forestry
Planning Division
D E C 3 0 1997
oroville, Calff®rnia
S :.Install a septic system;ender p
Department. permit from the Butte Coun
ry Environmental', Health
M 6.
Applicant must also com I
ordinances, and regulations Y with r'll other a "
pplicable State and local 'statutes,
I herebdeclare y
that they are in Penalty
Of ors which P rJ ry that I have read the foregoing
this use permit, and that I a were im
gree to abide fully by said conditions. upon the granting of
Dated: 9 2- l� ��
i
Apptfcant
NOTE: Issuance of this Use Permit does not waive requirement
re d Health Department permits before starting
9 mens. 9 ment of obtaining Building
g construction, nor does it waive any other
Butte CounV-Pf?
CC: Department of Public Works (2) a'm1ng Commission Chairman
Health Dr.Partment
Department of Forestry
li
(,.
Planning D`vision
DEC 3 0;1997
Oroville, California
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COMMENT DISTRIBUTION LIST
APPLICATION: James Giles
Chambers Cable TV _
_
PG&E South - Oroville
Viacom Cable TV
DATE: December 30, 1997
CalTrans (Traffic) _
Dept. of Water Resources _
County Offices and Cities:
Dept of Parks and Rea _
Central Reg. Water Quality Cont. _
Caltrans, Aeronautics Program
/
Off. of Mining Reclamation
�
X_
Public Works Director
Chief Administrative Officer �/_X_
Environmental Health
Develop. Services Director
t/
Building Manager
Sheriff _
BCAG
_
_
ALUC
LAFCo _
APCD
_
Butte Co. Farm Bureau
_X
Biggs=
Gridley
_
Chico
Oroville
Paradise
L
Chico Airport Commission
Agricultural Commission
Irrigation District:
Butte Water
Biggs/W. Gridley Water
_
Durham Irrigation
_
OWID _
Paradise Irrigation
_
Richvale Irrigation
_ Table Mountain Irrigation
Therrnalito Irrigation
_
Other
Domestic Water
Butte Water District _
California Water Service Co.
_
Del Oro Water Co.
_
OWID _
Thermalito Irrigation District
_
Other
Sewer
Butte Water District _
Themalito Irrigation
_
Sterling City Sewer Main
_
_ Skansen Subdivision (CSA 21) _
L.O.A. PUD
Fire Protection '
California Department of Forestry
EI Medio Fire Protection District
V 5
Recreation Districts
Chico Area Recreation _
Durham Area Recreation
_
Feather River Rec. & Park
_
Paradise Recreation & Park
Richvale Recreation & Parks
Utilities
PG&E North - Chico _
Chambers Cable TV _
_
PG&E South - Oroville
Viacom Cable TV
State Agencies
CalTrans (Traffic) _
Dept. of Water Resources _
_
_ Forestry (Attn: Craig Carter) _
Dept of Parks and Rea _
Central Reg. Water Quality Cont. _
Caltrans, Aeronautics Program
_ Department of Conservation
Off. of Mining Reclamation
m
Dept.Social Services, Com.Care Licensing
Federal Agencies
US Forest Service _
US Bureau of Land Management _
_
Army Corps of Engineers
Other Districts, Agencies, Committees, etc.
Lime Saddle Dist _
Community Association
Drainage _
Butte Env.l Council _
Reclamation _
Cal Native Plant Society
_
Butte Co. Mining Committee _
Forest Ranch Community Assoc. _
_
Butte Ck. Watershed Conservancy_
School Districts
Pacific Bell
Dept. of Fish and Game
Highway Patrol
Off. of Governmental & Env. Relations
US Fish & Wildlife Service
Mosq. Abatement. Oroville/Butte Co
Paradise Pines Com. Assoc.
BUTTE COUNTY
DEPARTMENT OF DEVELOPMENT SERVICES
PLANNING DIVISION
TO:
FROM: Butte County Planning Division
RE: Request for Comments on a Development Application: James Giles, UP 98-17
DATE: January 8,1998 CONTACT PERSON: Stephen Betts
The Planning Division has received a project application for the property described below. The purpose of this
comment sheet is to:
1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the
project and submit conditions, if any; and to
2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular
environmental concerns to �be addressed or mitigation measures your agency/department may want
incorporated.
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. 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 modular home in an M-1 zone on property zoned M-1 (Light Industrial)
located on 5973 Lincoln Blvd.. Oroville, identified as APN 036-270-064. Supervisorial District No. 1.
THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one)
PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON May 14 , 1998.
COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN - January 22, •1998. 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:
7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785
•
APPLICANT: James Giles
AGENT: D&D Homes Inc.
FILE #: UP 98-17
•
DATE: December 30, 1997
APN: 036-270-064
PLANNER:
PROJECT DESCRIPTION: Use Permit for a modular home in an M-1 zone
Those items checked are conditions of approval.
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
•
.7
A permanent irrigation system shall be installed for non-native vegetation. A one year
Faithful Performance bond shall be posted to guarantee installation and established
growth.
5. In parking lots of commercial and industrial development, trees of not less than 15
gallon size shall be provided to reduce heat gain from the paved surface and to
soften the visual impact of the paved area. Such trees shall be planted at a minimum
density of one tree every three parking spaces. Tree species shall be approved by
the Planning Division prior to planting.
6. Prior to the commencement of grading and/or construction activity, all individual or
groups of oak trees which are to be retained as part of the project, shall be fully
protected through the use of root protection zones (RPZ). During construction, RPZs
shall be established using protective fencing enclosing an area with a radius 1.5 times
the distance from the trunk to the dripline. Within this protective buffer, no grading,
trenching, fill, or vegetation alteration of any kind shall be allowed. The RPZs shall
be maintained after the completion of construction in order to continue to protect the
oak trees, but the fencing shall be removed.
L. GRADING
1. During construction, should any archaeological artifacts be discovered, the Planning
Division shall be notified immediately, and all work shall cease until a qualified
archaeologist has examined the artifacts and the site and submitted his or her
findings to the Planning Division, and recommended clearance to continue.
Recommencement of construction shall be upon the approval of the Planning
Division. Archaeological artifacts are defined as follows:
2. Prior to any clearing, grading and/or construction in a Federal or State identified 100
year floodplain and/or streambed the following entitlements must be obtained: a
California Fish and Game 1604 Streambed Alteration permit and an Army Corps 404
permit or exemption certificate.
M. ADDITIONAL APPROVALS
1. Prior to the issuance of building permits payment of the North Oroville/Thermalito
Traffic Impact Fees shall be made.
_ 2. Prior to the issuance of a building permit for each new or additional living unit the
applicant shall execute the Oroville Area Traffic Mitigation Fee Agreement and pay
the established fee.
_ 3. Prior to the issuance of the Use Permit, to insure the maintenance and continuance
of the orchard or other agricultural use of the property, the property owner shall enter
into the County approved Orchard Management Agreement. The agreement shall
terminate
in 10 years or upon a rezoning of the parcel/lot to a zone other than A-5 through A-160. The
agreement shall be recorded and recording fees paid by the applicant.
_ 4. Approval of this request shall not waive compliance with all sections of the Zoning
Ordinance and all other applicable State and County laws and regulations in effect
at the time of building permit application.
5. This Conditional Use Permit is granted for a period of month(s) at the end of
which time it shall expire (unless the approving authority has held a hearing thereon
and granted an extension. In connection with such an extension the approving
CJ
i
authority may add, change, or delete conditions.
6. Approval of this Conditional Use Permit shall become null and void if the use for
which it has been granted is not established within two calendar year from the date
of approval. No formal cancellation or revocation action by the County will be
necessary.
7. The developer shall display a current County Zoning and County Land Use Map in the
sales office at all times, and/or suitable alternatives.
8. Approval of this application does not become effective unless, prior to 4:00 p.m. on
_, 199_, the applicant shall sign and file with the Department of
Development Services an Indemnity Agreement in a form satisfactory to the County
Counsel.
9. Prior to the issuance of a building permit or prior to the issuance of a Use Permit for
a Mobile Home Park the Sheriff Facilities Impact Fee shall be paid, pursuant to the
provisions of Chapter 3, Article II of the Butte County Code. The fee amount shall be
determined and, calculated as of the date of application for building permit.
10. Prior to the issuance of the Use Permit the applicant or property owner shall sign and
record the CSA 87 Traffic and Drainage Mitigation Agreement or pay the required
fees prior to the issuance of the Use Permit.
11. Prior to the issuance of the Use Permit, the applicant shall contact the Butte County
Tax Collector's Office to begin the process of a Transient Occupancy Registration
Certificate. A Transient Occupancy Registration Certificate shall be required within
ten (10) days after commencing business for a motel, hotel, inn, tourist home, bed
and breakfast, rooming house, apartment house, mobile home park, recreational
vehicle park, campground, or parking area (See Chapter 23A).
12. Prior to the issuance of the Use Permit, the applicant shall pay all outstanding County
fees.
APPLICANT: applicant DATE: December 30, 1997
AGENT: D&D Homes Inc. APN: 036-270-064
FILE M UP 98-17 PLANNER:
PROJECT DESCRIPTION:. Use Permit for a modular home in an M-1 zone
Those items checked are conditions of approval.
PLEASE CONTACT THE BUILDING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED
CONDITIONS
H. BUILDING PERMITS
1. Prior to building permit issuance for a new residential dwelling unit(s), the applicant
shall pay all applicable development fees at the rate in effect at the time of
acceptance of the application. Such fees, shall include, but not be limited to: Park
Fee, School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and Sewer
Service Fees, and Fire Protection Fees.
2. Prior to building permit issuance for a new commercial or industrial development, or
addition to an existing development, the applicant shall pay all applicable
development fees at the rate in effect at the time of acceptance of the application.
Such fees shall include, but not be limited to: School Fee, Drainage Fee, Permit and
Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees.
EXISTING STRUCTURES
1. Comply with the Uniform Building Code for property line clearances considering use,
area and fire -resistiveness of existing buildings.
2. Existing building(s) shall be made to comply with current Building and Zoning
regulations for the intended new use of the building(s) or the existing building(s) shall
be demolished.
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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, March 26, 1998, in the Butte County Board of Supervisors' Room, County
Administration Center, 25 County Center Drive, Oroville, California, regarding the following items:
ITEM DETERMINED TO BE CATEGORICALLY EXEMPT FROM
ENVIRONMENTAL REVIEW
9:00 a.m. - James Giles - Use Permit for a single family dwelling unit on property zoned M-1
(Light Industrial), located approximately 1,972 ft. west of Lincoln Blvd., at 5973
Lincoln Blvd., identified as AP 036-270-064, Oroville. (SB) (UP98-17)
The above mentioned application and map are on file and available for public viewing at the office
of the Butte County Development Services Department, Planning Division, 7 County Center Drive,
Oroville, California. For information call: (530) 538-7601 (Monday through Thursday, 8:00 a.m.
to 4:00 p.m.) Comments may be submitted in writing at any time prior to the hearing or orally at the
meeting listed above or as may be continued to a later date. If you challenge 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 on Thursday, March 5, 1998.
Planning- Division
D E 3 0 1997
oroville, California
- ------------
Planning Division
DEC 3 o 1997
oroville, Cal Wornia
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