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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 �- a 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: Z)rovk,l(e- :�-- i a O3 f -'� loa 6 - 2ao -7I0 c.AJ -z 2 iO aLS 1 �f - —. 02L-Z.SD -0C�,;>, 0- —2803-�� ocrr ►� f rl� ---iu i 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 0 I' i1/111� - G I t, E'S "�.. t i cal Lk S I � G APPROVM!, 0"opment Plaq' DATE MAX 15 inno USE PERMIT ,..r,GVARIANCE 60' MINOR U.P, ,.,,..,.. ADM.PERMIT All .._....'� Pl�kPtNtNf,b-C0�Su1rAMtr)e�S-S=. 0' i0 DIRECTOR OF cr DEVELOPMENT SERVICE Planning Division ' o 0 E C 3 0 1997 Oroville, California SENDER: ■Complete items 1 and/or 2 for additional services. I also wish to receive the H ■Complete items 3, 4a, and 4b. following services (for an H ■Print your name and address on the reve7ae of this form so It 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. d ■ 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. v 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 W c ❑ Return Receipt for Merchandise ❑ COD a ASL 9 8- O 1 7. Date of Delivery Z M 5. Received By: (Print Nam 1 . 8. Addressee's Address (Only if requested W 1 and fee is paid) 6. Signature: (Addressde or Agent) '� M 0 k i ,11 tk ,tt+t�; t X 01W PS Form 11, December 19 — Y~ Domestic Return Receipt \\"LE UNITED STATES POSTAL SERVICE c� PM 4_ 97 WY • Print your ` IrF s,=Class Wl^i =Postage &_Fees PalddUSPS PermitNo. G-10 s, and ZIP Codesim-this b-oxA COUNTY OF BUTTE DEPARTMENT OF KVMMW SENCES PLANNING DIV= 7 Coolly cher Oft a May 15, 1998 James Giles . 5973 Lincoln Blvd. Oroville, CA 95966 Same L'ouni LAND OF NATURAL WEALTH AND BEAUTY s� 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 a' y $ � Enc. Certifiea.Fee { special Delivery Fee _ cc: Land Development Division Restricted Delivery Fee - Building Division - Environmental Health in Return Receipt Showing to Whom & Date Delivered Department of Forestry Y 'J rn N � Return Receipt Showing to Whom, Date, 8 Address of Delivery _ G j:\temp\up7 � TOTAL Postage p & Fees I ' CC Postmark or Date M I E LL 5-18-98 t Cna 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 cc: D & D Homes Ae �£N/A��Nsl£ la r��! i 6 y�j 8 vGo6.4v gsy�� � Plannmq Division MAR 3 01998 ®r®viils, California Received The For Rec • :OUNTY OF BUTTE OFFICIA RECEIPT =ICE O�D� WENTDEPARIS DING RECEIPT CASH LJ CHECK DAVOO BUSINESS FORMS • (916) 743 1511 Title t, 0424 JAMES GILES, OL H048SO99 5973 LINCOLN BLVD. 916-534-3994:"' OROVILLE, CA 95966; ocF 90-78/1211 f- l: 19 PAY TOTHE t ,_}.. ORDER OF DOLLARSB ° f....... 9ft6 Yu. 2626 ORO DAM BOULEVARD s OROVILM CALIFORNIA 95966 B 24600.666-2266 -'_fti < •`4':.'• y.*' s ~�k FOR4e lA�=-�1�� •1:12L100782404M L280832L C AMA.D 1995 FA 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 . $ lL E g m � O a z...... _ Orovii a est �� k 11 V2� -1im 11 Oro vil Sa ll8or o ect L ca ti n Monte Vista Ave 4= Etas' C..: + �. , 4% .. YA m' OPhic Road ._.. d s J f , m e n I I UP98-17 APN 036-270-064 M-2 M-1 C-2 M L-1 ............. X. ----- O hir Road --__--_ARMH 2 - --- 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 �'1S`J'..%'.S;iF�.r.�Fh:.?>.��ir;:.y�''a..,.{{�;-'yrll%}}%..v���:CL::k_t�y.T::°:'a�...;t^:'.a.•. _ :UJ,. .Y1•g.: r?M:Y� F3tf:.">�1 t•7Yr`�vti T�'�� >• rr t X'. .4 2 � r�a. q .k R':• .. .. ... _ .. .. _ . , ... r. : ..._. 7 .. ."i _••'Ci!�.•!f�TErbM4Nrkd+!ro�f;'+x!n ,(t�rgyY...'n; r•: .. .. .. . 0 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. .� = N.1/2 SEC. 32 T. 19N. E. M.DB.&M. f� 20. c,,►�i p32 ' ; 3 dJ 0y r r• . 2x71 Acs E� 3c _ vp JIr'�. _..... 499....., d +: ?77— _ OPHIR r : _ 141.3 e�. y 1222.4 0-9 143. Jt! I :w Jrt 148.0 13 23 q .12-3! I I 43 O� 199 308At. (12.71 tJ I �i-07Ac r I (12.3 ) PM 73-61 f 'PM ►99.N 1 ` 331944 W.88 22 rte bsi .' 34 4422" fY i 74O i 84 8.06Ao 1.6Ae / 1 v 11WQUS7'7ilAL A �� PM 73 .83, « 2 73 PM 73-442 rtol.s 20.05 3.49Aet r C (it /4:/5AC ' J1 f 8 f z 000. cj "fir?;;. ,4• ��' �C—�1-Z;: �.�_�_ - — r, . KUSE v 11 ®7.05AC lie QF-iiir - ,"/: ")RS r 04.83Ac. E)4.83Ac. /.98 .4G' 6 � �� . �3 o' '+ n 61 f ro v 62a' ' &V60-26ow n — 4.83 AC _ ^ _ S 05 AC _ _ _ _ 5.05 AC ROAD saa aaa GO Ae — 7 G 2. -TACO 9 /.24 AC 10 ,� e 4.89Ac. M O ®3.05A . 2.s 74-98 /00 7.9 AC. 4 8: Upgl y7►QDOSAC /OAC 82 36- 2 7 33 400 so _ I 11 ®7.05AC lie QF-iiir - ,"/: ")RS r 04.83Ac. E)4.83Ac. /.98 .4G' 6 � �� . �3 o' '+ n 61 f ro v 62a' ' &V60-26ow n — 4.83 AC _ ^ _ S 05 AC _ _ _ _ 5.05 AC ROAD saa aaa GO Ae — 7 G 2. -TACO 9 /.24 AC 10 ,� e 4.89Ac. M O ®3.05A . 2.s 74-98 /00 7.9 AC. 4 8: Upgl y7►QDOSAC /OAC 82 36- 2 7 33 400 so 3 A WHEE-LER JIVE# _ 8l 61.6 5 Ac., 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 '6c]`/:� 1,A)COAA1 fg-Avo �Y evw ovs VIP -�p✓ r�� — kWh ,c11 u� ! -140 u