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HomeMy WebLinkAboutUP 98-1611 11 W PROJECT SUMMARY SH FILE #: UP 98-16 PROJECT TYPE: Use Permit APPLICANT: Douglas H Stocks ADDRESS: 1712 Cox Lane Oroville CA 95966 OWNER: Same c ADDRESS: REPRESENTATIVE: ADDRESS: PROJECT DESCRIPTION: Use Permit for a 48 run dog kennel for 48 doas PROPERTY ZONED: A-5 LOCATED: on the south east corner of Palermo Huncut Highwav and Cox Lane, south of Palermo AP#: 027-350-197 TOWN/AREA: Palermo GENERAL PLAN DESIGNATION: Agricultural 1. Application complete: December 18. 1997 Amount: $ 1018.00 Receipt #: 16146 2. Comments sent to: E H LAFCO DEV SERV., P.W. AG. COMM.. CDF, ANIMAL CONTROL 3. Comments received from: 4. Rezone Petition Signatures Checked: 5. Mailing List/Lead-in Sheet: 6. Assigned To: Stephen Betts 7. Environmental Determination: State Clearinghouse No: Subject to Fish & Game: Categorical Exemption-CEQA# Negative Declaration Mitigation Negative Declaration Environmental Impact Report Gen. Rule Ex. -CEQA # 15061.(bx3) Other 8. Staff Report: Project Video: / ✓ Sent to SCH: 9. Clearinghouse circulation required: Yes No Date 10. Publication Notice Written: 3 ' 3 / Display Ad Prepared: 11. Notices Mailed: 2 —Number of Notices: 12. Newspaper Publication Date: ^ 3 -7? / O / C P G B 13. Planning Commission Hearing(s): Action taken: Special Conditions: Commission Resolution No. 14. Board of Supervisors' Hearing(s): Action taken: Board Resolution No.: Ordinance No: Adopted: 15. Type Use Permit/Send for signature: 16. N.O.E. / N.O.D. / APPENDIX G: Fish & Game Fees Paid: Yes No IMAY 15 1998 I 17. Send validated Use Permit: MAY 15 1996 , 18. Assessor's Memo: 1 19. Copy of Use Permit / Variance, to Planning Technician: M AY 15 1998 -2_q C Cry - D9 g c�5 YZ I e--:� I 6 EL: 027 350 197 000 STATUS: ACT STOCKS DOUGLAS HARLAN '576 PALMS DR MARTINEZ CA 94553 EL: 027 220 017 000 STATUS: ACT STOCKS HARLAN & CENDA E 1714 COX LN OROVILLE CA 95966 EL: 027 220 018 000 STATUS: ACT HERNANDEZ RAUL CRUZ � 8554 PALERMO HONCUT OROVILLE CA 95966 � EL: 027 220 059 000 STATUS: ACT EDWARDS DEAN & LOIS JT 1499 COX LANE OROVILLE CA 95966 EL: 027 220 129 000 STATUS: ACT GOFF MOLINE SHIPMAN REVOCABLE TRA'. SOFF MOLINE SHIPMAN TRUSTEE 515 DUNSTONE DR ` OROVILLE CA 95966 EL: 027 350 184 000 STATUS: ACT SORIA SERGIO R 6311 CARMEN AVE OROVILLE CA 95966 0 EL: 027 350 185 000 STATUS: ACI MONTES SALVADOR & YOLANDA 309 NORMAN ST . . GRIDLEY CA 95948 As 027 350 193 000 STATUS: ACT MUNGUIA GILBERTO NAVARRO & BERTHA 9574 DEREE RD LIVE OAK CA 95953-9549 EL: 027 360 097 000 STATUS: ACT MCNABB ROBERT E 3R& MARGARET L JT P O BOX 599 PALERMO CA 95968 EL: 027 360 098 000 STATUS: ACT. MCCALLOUGH DALE L & TOMMIE J FAMIL MCCALLOUGH DALE LESLIE & TOMMIE JO P O BOX 859 PALERMO CA 95968 EL: 027 350 194 000 STATUS: ACT L ALSTON HELNA J 1705 COX LN OROVILLE CA 95966 EL: 027 350 195 000 STATUS: ACT RODRIGUEZ ALBERTO & MARIADEL CARME 1745 COX LN OROVILLE` CA 95966 USE PERMIT BUTTE COUNTY PLANNING COMMISSION MAY 5 1998 DATE: (Certified Mail Rec.) UP 98-16 PERMIT NO. 027-350-197 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Douglas Stocks is hereby granted a Use Permit in accordance with application filed on December 11, 1997 for a Use Permit for a dog kennel for. 48 dogs in an A-5 zone. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this Use Permit, all conditions must be completed 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. If any use for which a use permit has been granted is not established within two 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. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee, Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees m paid and environental determination as. conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. Section 1: Environmental Findings. A. An Initial Study was completed in compliance with the California Environmental Quality Act identifying potentially significant environmental effects that the project may have. t; .. '0. Provisions and the design of the project and the conditions added to the project will mitigate such effects 'to a level of insignificance; and B. The design of the proposed project improvements will not cause environmental damage to fish and wildlife or their habitat, and a de minimus exemption to the collection of Department of Fish and Game Environmental Filing Fees is recommended; and C. The Planning Commission has independently reviewed, analyzed, and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, and the Negative Declaration reflects the independent judgement of Butte County; and Section 2: Zoning Ordinance Findings. A. The proposed use of the property will not impair the integrity and character of the zone in which the land lies and that,the use would not be unreasonably incompatible with, or injurious to, surrounding property, or detrimental to the health, safety and general welfare of the persons residing or working in the neighborhood, or to the general health, welfare and safety of the County because: The dogs will be kept inside a 6,000 sq. ft. building and only a few dogs will be allowed outside at any one time and then under close supervision; and 2. The kennel will be located in an olive orchard, which will help absorb noise from the kennel; and 3. The nearest dwelling unit is located approximately 250 ft. from the kennel site; and 4. All wastes from the dogs will be disposed of in an on-site septic system; and Anti -bark measures will be required should barking become a nuisance to nearby residents, and 6. Access to the kennel will be off of a public road (Palermo-Honcut Highway) which has the capacity to handle the small increase in traffic generated by the proposed kennel; and The proposed project is conditionally consistent with the A-5 zone with a Use Permit and is a Secondary Use under the Agricultural -Residential General Plan land use designation; and Section 3: Action 2 • A. Subject to the findings indicated in Sections 1 and 2 of this report, move to approve the Use Permit for Douglas Stocks on APN 027-350-197 to allow a dog kennel for 48 dogs in an A-5 zone. Approval shall be subject to the following conditions: B. . Standard Conditions of Approval: The kennel operator shall clean and remove all excrement from the kennel ori a daily basis and dispose of excrement in a septic system. All waste water from the kennel shall be discharged into the septic system. The septic tank shall be pumped as needed or as directed by the Butte County Environmental Health Division. (MM) 2. The kennel operation shall not create noises that are a nuisance to residents on the surrounding properties. If complaints about excess barking are received by the County, noise mitigation measures shall be implemented that may include sound walls, "anti -bark collars," or other methods approved by the Department of Development Services. Any necessary noise mitigation measures shall be installed within one month of being identified as necessary. (MM) 3. On -premises advertising shall be limited to one (1) unlighted sign with not more than three (3) square feet of display area, and such sign shall not be located in any required yard setback. 4. Prior to the issuance of building permits obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. Prior to the issuance of building permits a plan for a permanent solution for drainage shall be submitted to and'approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on-site and/or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. 6. Construction, installation or development of structures or facilities on the parcels/lots shall -comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. 7. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. • 8. Install a sewage disposal system wider permit from the Environmental Health Division. Septic system shall be at least 100 ft. from any well. 9. 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:�Y Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Butte Coirnty Planning Commission Chairman CC: Land Development Division Building Division Health Department California Department of Forestry Animal Control M Do ul S-ro-eks CIO, A-PP-RO* W t H UA/CU2� -- ----tjSE-PERMI%jj�JGVARIANCE -MINOR -U.Pi-. ADMYERMIT...�.. - PLANNING COMMISS.- DIRECTOR OF DEVELOPMENT SERVICES - ------- -- -- Planning Division DEC. 1 11997 oroville, Calffomia O 7Z ti qo�T r _._.too (00 FT A-PP-RO* W t H UA/CU2� -- ----tjSE-PERMI%jj�JGVARIANCE -MINOR -U.Pi-. ADMYERMIT...�.. - PLANNING COMMISS.- DIRECTOR OF DEVELOPMENT SERVICES - ------- -- -- Planning Division DEC. 1 11997 oroville, Calffomia ■ Complete. items t and/or 2 for additional services. I also wish to receive the 4a. Article Number ■Complete items 3,4a', and 4b. following services (for an • Print and address on the reverse of this form so that we can return this too extra fee): Douglas Stocks card you. Y P 796 162 232 di ■Attach this form to the front of the mailpiece, or on th@ back ;f sr--aoe does not 1. ❑ Addressee's Address di permit. 1 O r o v i l l e, CA 9 5 9 6 6 ■ Write'Retum Receipt Requested' on the mailpiece below the article number. 2. ❑ Restricted Delivery W ■The Return Receipt will show to whom the article was delivered and the date ❑ Express Mail ❑ Insured E- delivered. Consult postmaster for fee. a _ 3. Article Addressed to: 4a. Article Number w Douglas Stocks P 796 162 232 E 1 7 1 2 Cox L a :n e 4b. Service Type O r o v i l l e, CA 9 5 9 6 6 ❑ Registered IP Certified X ❑ Express Mail ❑ Insured E- ------ ❑ Return Receipt for Merchandise ❑ COD U) N 7. Date of Delivery ° UP 98-16 02 5. Reived By: Print Na e) 8. Addressee's Address (Only if requested and fee is paid) t G rAVX.� 6. SignaturM1,4,77" PtVO' rm 3811, December 6 4 Domestic Return Receipt UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Print your name, address, and ZIP Code in this box • COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION 7 County Center Drive Orovik CA 959653W • May 15, 1998 Douglas H. Stocks 1712 Cox Lane Oroville, CA 95966 CERTIFIED MATT. Re: Use Permit, AP 027-350-197 Dear Mr. Stocks: • butte C LAND OF NATURAL WEALTH .AND BEAUTY PLANNING DIVISION - DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 Enclosed is your validated Use Permit No. UP 98-16 to allow a 48 run dog kennel for 48 dogs. 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. Sincerely, P 796 16 2 .232 ' Certified Mail Receipt No Insurance Coverage Provided ,,,Thomas A. Parilo "Director of Development Services i Chu /�d�h n Teri Bridenhagen Office Assistant III Enc. . cc: Land Development Division Building Division Environmental Health Department of Forestry j:\temp\up7 Do not use for International Mall (See Reverse) i oosruseav� Special Delivery Fee Restricted Delivery Fee Return Receipt Showing O to Whom & Date Delivered Return Receipt Showing to Whom, N Date, & Address of Delivery C n TOTAL Postage C & Fees C Postmark or Date ro M E 5-18-98 6 U) a- Sent to Douglas Stocks t.r. Street & No. 1712 Cox Lane• r P.O., State & ZIP Code �Oroville, CA 95966 Postage• C 7 �P $ Certifie&Fee r Special Delivery Fee Restricted Delivery Fee Return Receipt Showing O to Whom & Date Delivered Return Receipt Showing to Whom, N Date, & Address of Delivery C n TOTAL Postage C & Fees C Postmark or Date ro M E 5-18-98 6 U) a- Y t.r. r 1 _ DECLARATION OF FEES Do cJ 'talifornia Fish and Game Code SectMi 711.4) NAME AND ADDRESS OF APPLICANT Douglas H. Stocks 1712 Cox Lane MAY 0 71998 Oroville, CA 95966 CAN (530) 532-1833 FILING NO. 'JS��, aurae co. c� fay Deputy CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION () A. Statutorily or Categorically Exempt $25.00 Clerk's Documentary Handling Fee (X) B. De 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). #163535 2.. () NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Craig Sanders Title: Principal Planner Lead Agency: Butte County Department of Development Services Date: -May -5, 1998 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THR_F.E 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. NOTICE OF DETERMINATION TO: _ Office of Plan.& Research Dept. 1400 Tenth Street Sacramento, CA 95814 X Butte County Clerk FROM: Butte County Planning 7 County Center Dr., Oroville 95965 SUBJECT: Filing of Notice of Determination incompliance with Section 21108 or 21152 of the Public Resources Code. Project Title: UP 98-16, Use Permit AP Number: 027-350-197 Applicant: Douglas H. Stocks, 1712 Cox Lane, Oroville, CA 95966 State Clearinghouse Number (If submitted to clearinghouse): . Contact Person: Stephen Betts Telephone Number: 538-7601 Project Location: on the southeast corner of Palermo Honcut Highway and Cox Lane, south of Palermo Project Description: Use Permit for a 48 run dog kennel for 48 dogs This is to advise that the Butte County Planning Commission has approved the above-described project on April 23, 1998, and has made the following determinations regarding the above-described project: 1. The project will, _X_ will not, have a significant effect on the environment. 2. An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. X_ A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures _X_ were, were not, made a condition of the approval of the project. 4. A statement of overriding considerations was, X_ was not, adopted for this project. This is to certify that the final EIR with comments and responses and record of project approval is available to the general public at: Date received for filing and posting at OPR Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965 Craig: S ders Prinicipal Planner j:\linda\noe.nod\nod.frm w • CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FILING FEE EXEMPTION De Minimis Impact Finding (Fish and Game Code Sec. 711.4; Section 753.5c, Title 14, California Code of Regulations) Project Title / Butte County Location: UP 98-16, on the southeast corner of Palermo Honcut Highway and Cox Lane, south of Palermo Project Description: Use Permit for a 48 run dog kennel for 48 dogs Findings of Exemption (attach as necessary): 1. The county of Butte has conducted an initial study and prepared a (Negative Declaration or Enviornmental Impact) so as to evaluate the potential of this project for adverse environmental impact: 2. When considering the record as a whole, there is no evidence before the County that the project will have potential for an adverse impact on wildlife resources or the habitat upon which the wildlife depends. 3. The County of Butte has, on the basis of substantial evidence, rebutted the presumption of adverse effect contained in Section 753.5 (d), of Title 14, California Code of Regulations, if applicable. 4. The project is hereby found to be de minimis in its effect on wildlife and exempt from the State Fish and Game filing fees required by Section 711.4 of the Fish and Game Code. Certification: I hereby certify that the County of Butte has made the above findings of fact and that based upon the initial study and hearing record the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. By: ��� sl'� , Craig Sandew, Prinicpal Planner Lead Agency: County of Butte Date: May 5, 1998 j Ahnda\noe.nod\f&g.1et 0 • v Douglas Stocks - proposed Negative Declaration with mitigation measures regarding environmental impacts and Use Permit to allow a dog kennel for 48 dogs on property zoned A-5 (Agricultural - 5 acre parcels) located on the southeast corner of Palermo-Honcut Highway and Cox Lane, at 86783 Palermo-Honcut Hwy., identified as AP 027-350-197, south of Oroville. (SB) (UP98-16) (VIDEO) Stephen Betts summarized the Agenda Report and noted that there has been no comment on the project from the neighboring property owners. HEARING OPEN TO THE PUBLIC Douglas Stocks, the applicant, described his proposed kennel. HEARING CLOSED TO THE PUBLIC It was moved by Commissioner Mooney, seconded by Commissioner Leland, and carried unanimously for approval of the Use Permit 98-16 for Douglas Stocks subject to the findings and conditions of Exhibit A of the Agenda Report dated April 7, 1998. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Douglas Stocks is hereby granted a Use Permit in accordance with application filed. on December 11, 1997 for a Use Permit for a dog kennel for 48 dogs in an A-5 zone. 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24- 45.65. 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. If any use for which a use permit has been granted is not established within two 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. 5. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee, Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. Section 1: Environmental Findings. BUTTE COUNTY PLANNING COMMISSION MINUTES . APRIL 23, 1998. 9 0 A. An Initial Study was completed in compliance with the California Environmental Quality Act identifying potentially significant environmental effects that the project may have. Provisions and the design of the project and the conditions added to the project will mitigate such effects to a level of insignificance; and B. The design of the proposed project improvements will not cause environmental damage to fish and wildlife or their habitat, and a de minimus exemption to the collection of Department of Fish and Game Environmental Filing Fees is recommended; and C. The Planning Commission has independently reviewed, analyzed, and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, and the Negative Declaration reflects the independent judgement of Butte County; and Section 2: Zoning Ordinance Findings. A. The proposed use of the property will not impair the integrity and character of the zone in which the land lies and that the use would not be unreasonably incompatible with, or injurious to, surrounding property, or detrimental to the health, safety and general welfare of the persons residing or working in the neighborhood, or to the general health, welfare and safety of the County because: The dogs will be kept inside a 6,000 sq. ft. building and only a few dogs will be allowed outside at any one time and then under close supervision; and 2. The kennel will be located in an olive orchard, which will help absorb noise from the kennel; and 3. The nearest dwelling unit is located approximately 250 ft. from the kennel site; and 4. All wastes from the dogs will be disposed of in an on-site septic system; and 5. Anti -bark measures will be required should barking become a nuisance to nearby residents, and 6. Access to the kennel will be off of a public road (Palermo-Honcut Highway) which has the capacity to handle the small increase in traffic generated by the proposed kennel; and The proposed project is conditionally consistent with the A-5 zone with a Use Permit and is a Secondary Use under the Agricultural -Residential General Plan land use designation; and Section 3: Action A. Subject to the findings indicated in Sections 1 and 2 of this report, move to approve the Use Permit for Douglas Stocks on APN 027-350-197 to allow a dog kennel for 48 dogs in an A-5 zone. Approval shall be subject to the following conditions: B. Standard Conditions of Approval: BUTTE COUNTY PLANNING COMMISSION MINUTES APRIL 23, 1998 V 0 • 1. The kennel operator shall clean and remove all excrement from the kennel on a daily basis and dispose of excrement in a septic system. All waste water from the kennel shall be discharged into the septic system. The septic tank shall be pumped as needed or as directed by the Butte County Environmental Health Division. (MM) 2. The kennel operation shall not create noises that are a nuisance to residents on the surrounding properties. •If complaints about excess barking are received by the County, noise mitigation measures shall be implemented that may include sound walls, "anti -bark collars," or other methods approved by the Department of Development Services. Any necessary noise mitigation measures shall be installed within one month of being identified as necessary. (MM) 3. On -premises advertising shall be limited to one (1) unlighted sign with not more than three (3) square feet of display area, and such sign shall not be located in any required yard setback. 4. Prior to the issuance of building permits obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. 5. Prior to the issuance of building permits a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on-site and/or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. 6. Construction, installation or development of structures or facilities on the parcels/lots shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. 7. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. 8. Install a sewage disposal system under permit from the Environmental Health Division. Septic system shall be at least 100 ft. from any well. 9. Applicant must also comply with all other applicable State and local statutes, ordinances and regulations. BUTTE COUNTY PLANNING COMMISSION ..MINUTES APRIL 23, 1998 • 0 AGENDA REPORT TO: Honorable Chair and Planning Commission FROM: Department of Development Services, Planning Division DATE: April 7, 1998 REQUEST: Use Permit UP 98-16 for Douglas Stocks on APN 027-350-197: A request for a Use Permit for a dog kennel for 48 dogs on property zoned A-5 (Agricultural, 5 -acre minimum parcel size), located on the southeast corner of Palermo-Honcut Highway and Cox Lane, at 8673 Palermo-Honcut Hwy., south of Oroville. This project is located in Supervisorial District 1. RELATED ITEMS: None FOR: Planning Commission Meeting of April 23, 1998 SUMMARY: Staff recommends approval of this application subject to the findings and conditions 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 24-90.C.37 - A-5 Zone which requires that a conditional Use Permit be obtained for kennels. PROJECT CHARACTERISTICS: This request is for a Use Permit to allow a dog kennel for 48 dogs on a 10 acre parcel in the south Oroville area. The kennel will be located in a 6,000 square foot structure. This is a commercial venture, and will involve the breeding, training, and sale of hunting dogs (German Shorthair Pointers and Labrador Retrievers). The applicant has operated a kennel in Martinez for over 25 years. The applicant does not intend to have any employees at this time, but may employ a caretaker in the future. ■ Butte County Department of Development Services ■ Planning Division ■ The dogs will be kept inside the 6,000 sq. ft. enclosed kennel, and only a few dogs will be allowed outside at any one time, and then under close supervision. People interested in buying a dog will come to the property to select a dog. The applicant expects no more than a dozen visits per week. The applicant also trains other people's dogs. Normally a dog is dropped off by the owner and stays with the applicant for approximately one month, undergoing training. The dogs will undergo gun noise training which requires the firing of blanks or a shotgun. The site is developed with a 924 sq. ft. single family residence, with the remainder of the parcel in olive orchard. The project site is surrounded by parcels ranging in size from 6 to 63 acres, with the predominant size being 10 acres. All surrounding parcels have A-5 zoning and an Agricultural - Residential General Plan land use designation. Land uses on the surrounding parcels are rural residential, olive orchards, and livestock grazing. Domestic water for the parcel is provided by a private well and sewer service is provided by an on-site septic system. Access to the dwelling unit on the parcel is off of Palermo-Honcut Hwy. Five of the seven surrounding properties have been developed with a dwelling unit. The nearest off- site dwelling unit is located approximately 250 ft. to the northwest of the proposed kennel site. 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: A-5 Agricultural Residential Olive orchard/Dwelling unit North: A-5 Agricultural Residential Olive orchard South: A-5 Agricultural Residential Residential East: A-5 Agricultural Residential Residential West: A-5 Agricultural Residential Grazing/Residential ANALYSIS: This project is conditionally consistent with the A-5 zoning district and the General Plan Land Use designation of Agricultural Residential which notes intense animal uses as secondary uses. The increase in vehicle traffic caused by the proposed use will not be significant. The applicant estimates that he expects no more than a dozen visits per week from people buying a dog. The applicant does not propose to hold events on the site that would generate large volumes of vehicle traffic. Palermo-Honcut Highway currently does not carry much vehicle traffic, and the small increase in traffic generated by the kennel use will not have an impact to vehicle circulation in the project area. ■ Butte County Department of Development Services ■ Planning Division ■ 2 There are several concerns with this request. These concerns include: sanitation, noise, and land use compatibility with surrounding neighbors. Sanitation. Approval of this project may have a potentially significant impact from runoff to nearby surface waters, and the creation of objectional odors, due to dog feces and other animal wastes. This is an issue that, with proper mitigations, can be adequately addressed through the design and installation of a concrete pad that drains to an approved septic system. The dogs will normally be kept inside a 6,000 sq. ft. building. The applicant has stated that he picks up the dog waste twice a day and will be putting in a new septic tank/leachfield system for disposal of the dog waste. A mitigation of this project will require that all solid and liquid wastes generated by the dogs be discharged into the septic system. Noise. Approval of this project may result in a potentially significant impact from noise. This is an issue that could be addressed through the use of proper mitigations such as anti -barking collars and/or bark -activated sprinkler systems. However, ongoing monitoring may be difficult and the potential for more complaints may not be significantly reduced. The dogs will be kept in a 6,000 sq. ft. building, and only a few dogs will be allowed outside at any one time, and then under close supervision. The applicant intends to install a sprinkler system that helps to reduce barking. In addition, the applicant utilizes anti -bark collars on those dogs that continually bark. A mitigation of this project will require that the kennel operation not create noises that are a nuisance to residents on the surrounding properties. If complaints about excess barking are received by the County, noise mitigation measures will be required that may include sound walls, "anti -bark collars," or other methods approved by the Department of Development Services. Any necessary noise mitigation measures shall be installed within one month of being identified as necessary. Because the dogs are being trained for hunting purposes, the applicant shoots blank .22 caliber shells and an occasional shotgun shell during the training process. Noise from the blanks or shotgun will be heard on nearby parcels, but it is not expected to be significant because the gunshots will not be continuous in nature. The applicant also takes dogs to the Afterbay area in Oroville for more intensive gun noise training. Land Use Compatibility. The Agricultural Residential General Plan land use designation allows for intense animal uses as a secondary use. The proposed dog kennel conforms to this criteria in that it is clearly an intense animal use. Land uses on surrounding parcels are rural residential, orchards, and livestock grazing. Many of the surrounding parcels could be subdivided to the 5 -acre minimum allowed in A-5 zone, which would increase the number of parcels that could be impacted by the proposed kennel. Conditions have been added to this project which will require the applicant to implement noise reduction measures should excess noise from the dogs become a nuisance. These noise reduction measures will reduce the impacts to nearby parcels to a less than a significant level. ■ Butte County Department of 'Development Services ■ Planning Division ■ The kennel structure will require the removal of a portion of the olive orchard. However, the orchard has not been tended to and is no longer in production. The proposed kennel will not have an impact on other agricultural uses in the project area. ENVIRONMENTAL DOCUMENTATION: This application has been defined as a project under the California Environmental Quality Act (CEQA) and as such, is subject to the requirements of CEQA. An Initial Study Part 1 has been prepared by the applicant and Part 2 has been prepared by County staff. Based upon the a review of the Initial Study, staff has determined that the project impacts can be fully mitigated with the addition of the following mitigation measures added as conditions of approval for the project. RECOMMENDATION: Staff recommends that the Planning Commission approve the application for Douglas Stocks on APN 027-350-197 for a dog kennel for 48 dogs in an A-5 zone, subject to the findings and conditions in attached Exhibit A. Attachments: Vicinity Map Site Plan KAPROJECTS\UPC\STOCKS. UP\STOCKS. RPT ■ Butte County Department of Development Services ■ Planning Division ■ 0 EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION E DATE: (Certified Mail Rec.) UP 98-16 PERMIT NO. 027-350-197 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Douglas Stocks is hereby granted a Use Permit in accordance with application filed on December 11, 1997 for a Use Permit for a dog kennel for 48 dogs in an A-5 zone. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this Use Permit, all conditions must be completed 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. If any use for which a use permit has been granted is not established within two 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. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee, Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. ■ Butte County Department of Development Services ■ Planning Division ■ 5 Section 1: Environmental Findings. A. An Initial Study was completed in compliance with the California Environmental Quality Act identifying potentially significant environmental effects that the project may have. Provisions and the design of the project and the conditions added to the project will mitigate such effects to a level of insignificance; and B. The design of the proposed project improvements will not cause environmental damage to fish and wildlife or their habitat, and a de minimus exemption to the collection of Department of Fish and Game Environmental Filing Fees is recommended; and C. The Planning Commission has independently reviewed, analyzed, and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, and the Negative Declaration reflects the independent judgement of Butte County; and Section 2: Zoning Ordinance Findings. A. The proposed use of the property will not impair the integrity and character of the zone in which the land lies and that the use would not be unreasonably incompatible with, or injurious to, surrounding property, or detrimental to the health, safety and general welfare of the persons residing or working in the neighborhood, or to the general health, welfare and safety of the County because: The dogs will be kept inside a 6,000 sq. ft. building and only a few dogs will be allowed outside at any one time and then under close supervision; and 2. The kennel will be located in an olive orchard, which will help absorb noise from the kennel; and The nearest dwelling unit is located approximately 250 ft. from the kennel site; and 4. All wastes from the dogs will be disposed of in an on-site septic system; and Anti -bark measures will be required should barking become a nuisance to nearby residents, and 6. Access to the kennel will be off of a public road (Palermo-Honcut Highway) which has the capacity to handle the small increase in traffic generated by the proposed kennel; and ■ Butte County Department of Development Services ■ Planning Division ■ 7. The proposed project is conditionally consistent with the A-5 zone with a Use Permit and is a Secondary Use under the Agricultural -Residential General Plan land use designation; and Section 3: Action A. Subject to the findings indicated in Sections 1 and 2 of this report, move to approve the Use Permit for Douglas Stocks on APN 027-350-197 to allow a dog kennel for 48 dogs in an A-5 zone. Approval shall be subject to the following conditions: B. Standard Conditions of Approval: The kennel operator shall clean and remove all excrement from the kennel on a daily basis and dispose of excrement in a septic system. All waste water from the kennel shall be discharged into the septic system. The septic tank shall be pumped as needed or as directed by the Butte County Environmental Health Division. (MM) 2. The kennel operation shall not create noises that are a nuisance to residents on the surrounding properties. If complaints about excess barking are received by the County, noise mitigation measures shall be implemented that may include sound walls, "anti -bark collars," or other methods approved by the Department of Development Services. Any necessary noise mitigation measures shall be installed within one month of being identified as necessary. (MM) 3. On -premises advertising shall be limited to one (1) unlighted sign with not more than three (3) square feet of display area, and such sign shall not be located in any required yard setback. 4. Prior to the issuance of building permits obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. 5. Prior to the issuance of building permits a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on-site and/or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. 6. Construction, installation or development of structures or facilities on the parcels/lots shall comply with the latest California Fire Safe Regulations, (Public Resources Code ■ Butte County Department of Development Services ■ Planning Division ■ 7 0 • 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. 7. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. 8. Install a sewage disposal system under permit from the Environmental Health Division. Septic system shall be at least 100 ft. from any well. 9. 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: Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does.it waive any other requirements. Butte County Planning Commission Chairman CC: Land Development Division Building Division Health Department California Department of Forestry Animal Control ■ Butte County Department of Development Services ■ Planning Division ■ Vicinity Map rb rhir Ro , COL r d : • ,3 r r f/o Proiec#,Coca n" C ox Lane i r s• O ti r rt UP 9&16 APN 027-350-197 U M A-5 Project A-5 BUTTE COUNTY PLANNING COM MSSION Applicant: Douglas H. Stocks Owner: Same Hearing Date: April 23, 1998 @ 9:00 am. Existing Zone: A-5*(Agricultural, 5 acre minimum) N Request: Use Permit to allow a 24 run dog kennel. No Scale Assessor Parcel No: 027-350-197 File: 98-16 DEPARTi�NT OF DEVELOPNIONT SERVICES BUTTE COUNTY UNIFORM APPLICATION APPLICANT: Aeent information to he provided is on other side: APPLICANT'S NAME ( If applicant is different from owner an affidavit is requited) ASSESSOR'S PARCEL NUMBER: ADDRESS: �/� �� � ` l� �O j,, ��� � ff CITY. STATE 8t ZIP CODE: FILENUMBER: (/R OFFICE USE) Z�J241, up NAME OF PROPOSED PROJECT (If any 3 TELEPHONE, 302' % 933 D R LOCATION OF PROJECT ( for cross streets and Address. if any 5/0 3 7d -7980 f d (AV UNc w w CU 6021veC d 1 - GENERAL INFORMATION REQUIRED OWNER'S AME �� J N /+ � 6- oG ❑ GENERAL PLAN AMENDMENT TELEPHONE ADDRESS: CITY. STATE & ZIP CODE 576 FQ44 s A Ax4A-).s ZONE A- 5- GENERAL PLAN 1 EXISTING LAND USE 16imv& rte d rleut4aull SITE SIZE ( in Square Feet or Acres ) 1 f O 4G EXISTING •STRUCTURES (in Square Feet) PROPOSED STRUCTURES (in Square Feet) (o6 T fvio 8 i L �Io E (0 ocro (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 )K PROPERTY IS OR PROPOSED TO BE ON WELL WATER N REQUESTED APPLICATIO ❑ TENTATIVE SUBDIVISION MAP ❑ TENTATIVE PARCEL MAP ❑ WAIVER OF PARCEL MAP ❑ BOUNDARY LINE MODIFICATION ❑ LEGAL LOT DETERMINATION ❑ CERTIFICATE OF MERGER ❑ MINING AND RECLAMATION PLAN ❑ OTHER PROJECT DESCRIPTION t FULL DESCRIP'T'ION OF PROPOSED PROJECT (Attach necessary sheets. If this application is for a land division. describe the number and size of parcels.) . )-Lt Ru iv Do 6- ke- ne L ity6ipg, A�- AWe4t*eAJV 5 6n1 igG[1, Planning Division OWNER CERTIFICATION orovift, California 1 CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER. I ACKNOWLEDGE THE FILL;G OF THIS APPLICATION AND CERTIFYah L OFTHE ABOVE INFORMATION IS TRUE AND ACCURATE (If an agent is to be authotntd, execute an affidavit of authorization and inida ' wi tRZ� DATE: I og ` / /—,? Z SIGNATURE: ❑ GENERAL PLAN AMENDMENT ❑ REZONE USE PERMIT ❑ MINOR USE PERMIT ❑ VARIANCE ❑ MINOR VARIANCE ❑ ADMINISTRATIVE PERMIT ❑ DEVELOPMENT AGREEMENT N REQUESTED APPLICATIO ❑ TENTATIVE SUBDIVISION MAP ❑ TENTATIVE PARCEL MAP ❑ WAIVER OF PARCEL MAP ❑ BOUNDARY LINE MODIFICATION ❑ LEGAL LOT DETERMINATION ❑ CERTIFICATE OF MERGER ❑ MINING AND RECLAMATION PLAN ❑ OTHER PROJECT DESCRIPTION t FULL DESCRIP'T'ION OF PROPOSED PROJECT (Attach necessary sheets. If this application is for a land division. describe the number and size of parcels.) . )-Lt Ru iv Do 6- ke- ne L ity6ipg, A�- AWe4t*eAJV 5 6n1 igG[1, Planning Division OWNER CERTIFICATION orovift, California 1 CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER. I ACKNOWLEDGE THE FILL;G OF THIS APPLICATION AND CERTIFYah L OFTHE ABOVE INFORMATION IS TRUE AND ACCURATE (If an agent is to be authotntd, execute an affidavit of authorization and inida ' wi tRZ� DATE: I og ` / /—,? Z SIGNATURE: • 0 AGENT AUTHORTZ.ATION To Butte County, Department of Development Services; Print Name of Agent and Phone Number Mailing Addresa is hereby authorized to process this application for 94 on my property, identified as Butte County Assessors Parcel Number . This authorization allows representation for all applications, hearings, appeals, etc. and to sign all documents necessary for said processing, but not'including document (s) relating to record title interest. Owner(s) of Record: (sign and print name) Print Name Print Name SiW=ture . . Signature / Architect and/or Engineer: ? ' t Name of Architecu'Engineer and Phone Number r� Mailing Address FOR OFFICE USE ONLY Verify: Date received: Total amount received: /c, AP Number(s) Legal Description Owners Authorization Zoning requirements r Project Description Copies of plot plan Taken by Receipt No.Z6 N`/ E.H. IaT' LD f;56 Plan d 0 FD P yP/ of the currently required Application Fee and/or Deposit (Any unused portion of a •deposit) will be returned upon final action. Current fee for this application is S as of Make check payable to "Butte County Treasurer". AKC Field Champions Quality Hunting Dogs STUD Service/Puppies Available "GSP,, "LABS', Palermo Ranch Kennels German Shorthair Pointers Labrador Retrievers 576 Palms Dr. Martinez, CA 94553 Doug Stocks (510) 370-7980 Pager (510) 636-3385 Hunting Dog Training Puppies and Started Dogs For Sate, Stud Service "GSP" Palermo Ranch Kennels) LABS,, German Shorthair Pointers Douglas Stocks Labrador Retrievers 576 Palms Dr Martinez, CA 94553 Ranch (510) 370-7980 1712 Cox Lane Fax (510) 370-0614 Oroville, CA 95966 (530)532-1833 • General Information: 1. 2 C1 COUNTY OF BUTTE ENVIRONMENTAL INFORMATION FORM (To be Completed By Project Applicant) c c� Date Filed 1,-2 7 I a Address of project: L.VKtWA ti- UAI-ext-o - 1F1U0W1L4 tc--fit-1LJq Aimv s-� "&a' Assessor's Parcel Number: w? .7 Name, address, and telephone number of person to be contacted conce. g this project: 11^11rl „ir ^ L.A C *�.� 1-71 ar, � lir;vf . �i&vT LIE _ E 15166 4. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: r, 5. Existing general plan designation: 6.. Existing zoning district: A _g ~ 7. How is land currently used?N (-�GuZ 8. Proposed use of site (Project for which this form is filed): DQ& l ew%ne-L . . a Project Description: 9. Site size: /0 'dam (Acres/Sq. Feet) 10. Off-street parking spaces: Full size: a` Compact: Total: 11. Plans attached Yes No 12. Proposed development schedule eg-m owig-n 3j, rf e ©F 1 / 9g 13. Associated projects . - r 14. Anticipated incremental or phased development Planning Division DEC 1 1 1997 ❑ Butte County Department of Development Services ❑ Planning Division ❑ 1 ®roville, California Attach description of project containing the following information: 15. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected. 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area and loading facilities. 17. If industrial, indicate type, estimated employment per shift, and loading facilities. 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. 19. If the project involves a variance, conditional use, rezoning application, or any development permits, state this and indicate clearly why the application is required. If permits have already been issued, please attach as Exhibit Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary). YES NO 20. Change in existing features of any hills, buttes, canyons \V 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. _ 23. Significant amounts of solid waste or litter. _ �L 24. Change in dust, ash, smoke, fumes or odors in vicinity. _ v 25. Change in bay, lake, river, stream or ground water quality or quantity, or alteration of existing drainage patterns. _ \_ 26. Substantial change in existing noise or vibration levels \, in the vicinity. 27. Site on filled land or on slopes of 10 percent or more. 28. Use of, or disposal of potentially hazardous materials, \ , such as toxic substances, flammable or explosives. _ \_ 29. Substantial change in demand for municipal services \ , (police, fire, water, sewage, etc. including special districts). _ 30. Substantially increase fossil fuel consumption \ (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. Planning Division DEC I 11997 0 Butte County Department of Development Services ❑ Planning Division ❑ 2 oroville, California Environmental Setting: (Attach brief description) 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted.C>L V, 09-41A0 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. SAN Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date Ig-111-7- Signature g-1117 K:\FORMS\ENV-INFO Signature fo&'�'k� Manning Division D E C 1 1 1997 ❑ Butte County Department of Development Services ❑ Planning Division ❑ Oroville, California 3 J June 10, 1998 Douglas H. Stocks 1712 Cox Lane Oroville, CA 95966 RE: - Use Permit, AP#027-350-197 File No. UP 98-16 Dear Mr. Stocks: Sate Count, LAND OF NATURAL WEALTH AND BEAUTY DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785. Enclosed is Receipt No. 16415 in the amount of $120.50 for the above -referenced file. As of this date, the account has a zero balance and .is closed. Your quick response -is greatly appreciated. Thank you. Sincerely, �3/\- .c,-�, 4 mrd r, Thomas A. Parilo Director of Development Services TAP-jb Enclosure j :\docs\refunds\thanks. wpd EDate 06/09/98 4evelopment Services Depar0ant Time 3:40 pm Applicant Billing Worksheet UP 98-16 * Douglas H. Stocks 1712 Cox Lane Oroville, CA 95966 In reference to Use Permit, AP#027-350-197 Rounding None Full Precision No Last bill / / Last aging Last charge 05/15/98 - Last payment / / Amount $0.00 Date/Slip# Description HOURS/RATE AMOUNT 12/15/97 Teri B. / C 1.00 34.00 #14491 Clerical 34.00 12/29/97 Steve B. / P 0.50 29.50 #14538 Processing 59.00 12/29/97 Craig S. / P 0.25 14.75 #14651 Processing 59.00 01/12/98 Larry P. / P 1.50 88.50 #14820 Processing 59.00 01/12/98 Paula L. / P 0.25 14.75 #14836 Processing 59.00 01/12/98 Steve B. / P 1.00 59.00 #14855 Processing 59.00 01/12/98 Teri B. / C_ 1.00 34.00 #14867 Clerical 34.00 01/26/98 Steve B. / P 3.50 206.50 #15015 Processing 59.00 02/09/98 Steve B. / P 0.50 29.50 #15204 Processing 59.00 03/09/98 Craig S. / P 0.75 44.25 #15591 Processing 59.00 03/09/98 Steve B. / P 0.50 29.50 415641 Processing 59.00 03/23/98 Lynn R. / C. 1.00 45.00 #15919 Clerical 45.00 Page 1 TOTAL to-velopment Date 06/09/98 Services DepartAnt Time 3:40 pm Applicant Billing Worksheet Page 2 UP 98-16 * :Douglas H. Stocks (continued) Date/Slip# Description HOURS/RATE AMOUNT TOTAL 03/23/98 Craig S. / P 0.75 44.25 #16072 Processing 59.00. 04/06/98 Diana S. / C 0.50 17.00 #16228 Clerical 34.00 04/20/98 Diana S. / C 1.50 51.00 #16461 Clerical 34.00 05/04/98 Teri B. / C 1.00 34.00 #16601 Clerical 34.00 TOTAL BILLABLE TIME CHARGES 15.50 $775.50 Date/Slip# Description QTY/PRICE 04/03/98 Teri B. / $C 1 45.00 #16043 Publish Legal Notice in Chico 45.00 Enterprise Record TOTAL BILLABLE COSTS $45.00 TOTAL NEW CHARGES $820.50 PAYMENTS/REFUNDS/CREDITS 12/11/97 Deposit - Receipt #16146 (700.00) 06/09/98 Deposit - Receipt #16415 (120.50) ($820.50) TOTAL PAYMENTS/REFUNDS/CREDITS NEW BALANCE TOTAL NEW BALANCE $0.00 �Y June 4, 1998 Douglas H. Stocks 1712 Cox Lane Oroville, CA 95966 RE: Use Permit, AP#027-350-197 File No. UP 98-16 Dear Mr. Stocks: L3utt¢ Co LAND OF NATURAL WEALTH AND BEAUTY DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 The total cost for the processing of the above -referenced application which was approved by the Planning Commission on April 23, 1998, is $820.50. As of December 11, 1997, a deposit was made in the amount of $700.00. The costs exceeded the deposits by $120.50. Below is a breakdown: Deposit on 12-11-97, Receipt No. 16146 5700.00 Professional Planner $472.00 Mapping $ 88.50 Clerical $215.00 Legal Notice Publishing in Chico Enterprise Record, 4-3-98 $ 45.00 Total $820.50 Total Amount Due & Payable $120.50 Please make a check payable to the Butte. County Treasurer in the amount of $120.50 and remit it to the Department of Development Services, Planning Division at 7 County Center Drive, Oroville, CA 95965 within 30 calendar days. Should you have any questions, please contact Brian Larsen in this office Monday thru Friday, 8:00 a.m. to 4:00 p.m., at 538-7601. Sincerely, al-'� 'jq - 2: Thomas A. Pardo Director of Development Services TAP:jb j:\docs\refunds\PCdue.wpd • c 00000 -00000 o� G 2713 -16 A I 274"-1 _ A-5 • 5 U 98-16 027-350-19 Kennel or u to 8 d as. A-5 rag �, _ i -- ----- -- � -- ----- -- � MEMORANDUM PLANNING DEPARTMENT TO: Butte County Assessor's Office FROM: Butte County Planning Department SUBJECT: Douglas H. Stocks, UP 98-16 DATE: May 15, 1998 Pursuant to Section 65863.5 of the Government Code, the following parcel identified as 027-350-197, was: Rezone from _ to zoning district. Granted a variance to A Issued a conditional Use Permit for a 48 run dog kennel for 48 dogs, on the south east corner of Palermo Huncut Highway and Cox Lane, south of Palermo,A-5 (Agriculture -5 acre parcel) • ! APPENDIX G 1. NOTICE IS HEREBY GIVEN that the project described below has been reviewed pursuant to the provisions of the California Environmental Quality Act of 1970 (Public Resources Code 21100, et. seq.) and a determination has been made that it will not have a significant effect upon the environment. Assessor's Parcel No. 027-350-197 2. DESCRIPTION OF PROJECT: Use Permit for a 48 run dog kennel for 48 dogs 3. LOCATION OF PROJECT: on the southeast comer of Palermo Honcut Highway and Cox Lane, south of Palermo 4. NAME AND ADDRESS OF PROJECT APPLICANT: Douglas H. Stocks, 1712 Cox Lane,Oroville, CA 95966 5. MITIGATION MEASURES: See Attatched 6. A copy of the initial study regarding the environmental effect of this project is on tile at 7 County Center Drive, Oroville. This study was: }{ Adopted as presented. Adopted with changes. Specific modifications and supporting reasons are attached. A public hearing on this Negative Declaration was held by the decision making body. Hearing Body: Butte County Planning Commission Date of Determination: April 23, 1998 Determination: On the basis of the initial study of environmental impact, the information presented at hearings, comments received on the proposal and our own knowledge and independent research: X We fmd the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION is hereby adopted. We 'find that the project COULD have a significant effect on the environment, but will not in this case because of attached mitigation measures described in item 5 above, which are.by this reference made conditions of project approval. A conditional NEGATIVE DECLARATION is hereby. adopted. Nin ambert, Chairman Butte County Planning Commission Dater /!% ) 99 £l i 0 1. The kennel operator shall clean and remove all excrement from the kennel on a daily basis and dispose of excrement in a septic system. All waste water from the kennel shall be discharged into the septic system. The septic tank shall be pumped as needed or as directed by the Butte County Environmental Health Division. (MM) 2. The kennel operation shall not create noises that are a nuisance to residents on the surrounding properties. If complaints about excess barking are received by the County, noise mitigation measures shall be implemented that may include sound walls, "anti -bark collars," or other methods approved by the Department of Development Services. Any necessary noise mitigation measures shall be installed within one month of being identified as necessary. (MM) • DECLARATION OF FEES (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT Douglas H. Stocks 1998 1712 Cox Lane MAY, 0 7 Oroville, CA 95966- (530) 532-1833 FILING NO. �'� '��` ne co. Clerk E:3 Deputy CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION () A. Statutorily or Categorically Exempt $25.00 Clerk's Documentary Handling Fee (X) B. De 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). #163535 2. () NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Craig Sanders Title: Principal Planner Lead Agency: Butte County DWartment of Development • - /. May 5, 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. ., . NOTICE OF DETERMINATION TO: _ Office of Plan.& Research Dept. 1400 Tenth Street Sacramento, CA 95814 X Butte County Clerk FROM: Butte County Planning 7 County Center Dr., Oroville 95965 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Project Title: UP 98-16, Use Permit AP Number: 027-350-197 Applicant: Douglas H. Stocks, 1712 Cox Lane, Oroville, CA 95966 State Clearinghouse Number (If submitted to clearinghouse): Contact Person: Stephen Betts Telephone Number: 538-7601 Project Location: on the southeast corner of Palermo Honcut Highway and Cox Lane, south of Palermo Project Description: Use Permit for a 48 run dog kennel for 48 dogs This is to advise that the Butte County Planning Commission has approved the above-described project on April 23, 1998, and has made the following determinations regarding the above-described project: 1. The project will, _X_ will not, have a significant effect on the environment. 2. An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. _X A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures X were, were not, made a condition of the approval of the project. 4. A statement of overriding considerations was, X was not, adopted for this project. This is to certify that the final EIR with comments and responses and record of project approval is available to the general public at: Date received for filing and posting at OPR Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965 Craig S ders Prinicipal Planner j:\linda\noe.nod\nod.frm CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FILING FEE EXEMPTION De Minimis Impact Finding (Fish and Game Code Sec. 711.4; Section 753.5c, Title 14, California Code of Regulations) Project Title / Butte County Location: UP 98-16, on the southeast corner of Palermo Honcut Highway and Cox Lane, south of Palermo Project Description: Use Permit for a 48 run dog kennel for 48 dogs Findings of Exemption (attach as necessary): 1. The county of Butte has conducted an initial study and prepared a (Negative Declaration or. Enviornmental Impact) so as to evaluate the potential of this project for adverse environmental impact: 2. When considering the record as a whole, there is no evidence before the County that the project will have potential for an adverse impact on wildlife resources or the habitat upon which the wildlife depends. 3. The County of Butte has, on the basis of substantial evidence, rebutted the presumption of adverse effect contained in Section 753.5 (d), of Title 14, California Code of Regulations, if applicable. 4. The project is hereby found to be de minimis in its effect on wildlife and exempt from the State Fish and Game filing fees required by Section 711.4 of the Fish and Game Code. Certification: I hereby certify that the County of Butte has made the above findings of fact and that based.upon the initial study and hearing record the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. By: 'L Craig SandeA,,' Prinicpal Planner Lead Agency: County of Butte Date: May 5, 1998 jAda\noe.nod\f&g.let . S • DECLARATION OF FEES 0 (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT Douglas H. Stocks (SAY 0 71996 1712 Cox Lane Oroville, CA 95966 c .; sone co. clerk (530) 532-1833 FILING NO. CA Deputy - — 13�L� CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION () A. Statutorily or Categorically Exempt $25.00 Clerk's Documentary Handling Fee (X) B. De 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 () 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). #163535 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: May 5, 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. 0 NOTICE OF DETERMINATION TO: _ Office of Plan.& Research Dept. 1400 Tenth Street Sacramento, CA 95814 X Butte County Clerk FROM: Butte County Planning 7 County Center Dr., Oroville 95965 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Project Title: UP 98-16, Use Permit AP Number: 027-350-197 Applicant: Douglas H. Stocks, 1712 Cox Lane, Oroville, CA 95966 State Clearinghouse Number (If submitted to clearinghouse): Contact Person: Stephen Betts Telephone Number: 538-7601 Project Location: on the southeast corner of Palermo Honcut Highway and Cox Lane, south of Palermo Project Description: Use Permit for a 48 run dog kennel for 48 dogs This is to advise that the Butte County Planning Commission has approved the above-described project on April 23, 1998, and has made the following determinations regarding the above-described project: 1. The project will, _X will not, have a significant effect on the environment. 2. An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. X_ A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures _X_ were, were not, made a condition of the approval of the project. 4. A statement of overriding considerations was, _X_ was not, adopted for this project. This is to certify that the final EIR with comments and responses and record of project approval is available to the general public at: Date received for filing and posting at OPR Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965 Craig SiRders Prinicipal Planner j:\linda\noe.nod\nod.frm CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FILING FEE EXEMPTION De Minimis Impact Finding (Fish and Game Code Sec. 711.4; Section 753.5c, Title 14, California Code of Regulations) Project Title / Butte County Location: UP 98-16, on the southeast corner of Palermo Honcut Highway and Cox Lane, south of Palermo Project Description: Use Permit for a 48 run dog kennel for 48 dogs Findings of Exemption (attach as necessary): 1. The county of Butte has conducted an initial study and prepared a (Negative Declaration or Enviornmental Impact) so as to evaluate the potential of this project for adverse environmental impact: 2. When considering the record as a whole, there is no evidence before the County that the project will have potential for an adverse impact on wildlife resources or the habitat upon which the wildlife depends. 3. The County of Butte has, on the basis of substantial evidence, rebutted the presumption of adverse effect contained in Section 753.5 (d), of Title 14, California Code of Regulations, if applicable. 4. The project is hereby found to be de minimis in its effect on wildlife and exempt from the State Fish and Game filing fees required by Section 711.4 of the Fish and Game Code. Certification: I hereby certify that the County of Butte has made the above findings of fact and that based upon the initial study and hearing record the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. By: i Craig Sandew, Prinicpal Planner Lead Agency: County of Butte Date: May 5, 1998 j Alinda\noe.nod\f&g.let . SO"?" butte Count L A N D O F N A T U R A L W E A L T H A N D BEAUTY April 23, 1998 Douglas H. Stocks 1712 Cox Lane Oroville, CA 95966 Re: Use Permit, AP 027-350-197, FILE UP 98-16 Dear Mr. Stocks: PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916) 538-7785 At the regular meeting of the Butte County Planning Commission held April 23, 1998, your request for a Use Permit for a dog kennel for 48 dogs, was approved subject to the conditions listed on the enclosures. Please sign both copies and return both copies to this Division within 40 calendar days. Should you desire to appeal any of the conditions imposed by the Planning Commission, you must do so in writing, to the Clerk of the Board of Supervisors, 25 County Center Drive, Oroville, California, prior to 5:00 p.m., Monday, May 4, 1998. The appeal fee of $50.00 must be paid at that time. If you do not appeal and if there are no other appeal within the 10 calendar -day appeal period, the action of the Planning Commission is final. A Notice of Determination (NOD) should be filed for purpose of completing the California environmental quality Act requirements. The fee for filing the NOD is a $25.00 document handling fee. A check made payable to the Butte County Treasurer in the amount of $25.00 should be submitted to the Planning Division in order to complete the process. Please be aware that failure to return the signed copies within 40 calendar days will invalidate the Planning Commission's approval. Re-application to this Division would then be necessary. The Use Permit is deemed granted when the enclosures have been signed by the applicant, with the counter signature of the Chairman of the Planning Commission, and said permit is received by the applicant by registered mail. Pursuant to Section 66020 (d) (2) of the Government Code you are hereby notified that you have 90 days to register a protest challenging any fees, dedications, reservations, or exactions imposed as conditions of approval for this project. Should you have any questions regarding this matter, please contact Stephen Hackney at this office between 8:00 a.m. and 4:00 p Vim., Monday through Friday. 0 Sincerely, Z6� Diana Shuey \ Secretary k:\forms\approvup.frm 0 USE PERMIT BUTTE COUNTY PLANNING COMMISSION • DATE: (Certified Mail Rec.) UP 98-16 PERMIT NO. 027-350-197 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Douglas Stocks is hereby: granted a Use Permit in accordance with application filed on December 11, 1997 for a Use Permit for a dog kennel for 48 dogs in an A-5 zone. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this Use Permit, all conditions must be completed 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. If any use for which a use permit has been granted is not established within two 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. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee, Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. Section -1: Environmental Findings. A. An Initial Study was completed in compliance with the California Environmental Quality Act identifying potentially significant environmental effects that the project may have. Provisions and the design of the project and the conditions added to the project will mitigate such effects to a level of insignificance; and B. The design of the proposed project improvements will not cause environmental damage to fish and wildlife or their habitat, ' and a de minimus exemption to the collection of Department of Fish and Game Envirorimental Filing Fees is recommended; and C. The Planning Commission has independently reviewed, analyzed, and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, and the Negative Declaration reflects the independent judgement of Butte County; and Section 2: Zoning Ordinance Findings. A. The proposed use of the property will not impair the integrity and character of the zone in which the land lies and that the use would not be unreasonably incompatible with, or injurious to, surrounding property, or detrimental to the health, safety and general welfare of the persons residing or working in the neighborhood, or to the general health, welfare and safety of the County because: The dogs will be kept inside a 6,000 sq. ft. building and only a few dogs will be allowed outside at any one time and then under close supervision; and 2. The kennel will be located in an olive orchard, which will help absorb noise from the kennel; and 3. The nearest dwelling unit is located approximately 250 ft. from the kennel site; and 4. All wastes from the dogs will be disposed of in an on-site septic system; and 5. Anti -bark measures will be required should barking become a nuisance to,nearby residents, and 6. Access to the kennel will be off of a public road (Palermo-Honcut Highway) which has the capacity to handle the small increase in traffic generated by the proposed kennel; and 7. The proposed project is conditionally consistent with the A-5 zone with a Use Permit and is a Secondary Use under the Agricultural -Residential General Plan land use designation; and Section 3: Action 0a 0 A. Subject to the findings indicated in Sections 1 and 2 of this report, move to approve the Use Permit for Douglas Stocks on APN 027-350-197 to allow a dog kennel for 48 dogs in an A-5 zone. Approval shall be subject to the following conditions: B. Standard Conditions of Approval: The kennel operator shall clean and remove all excrement from the kennel on a daily basis and dispose of excrement in a septic system. All waste water from the kennel shall be discharged into the septic system. The septic tank shall be pumped as needed or as directed by the Butte County Environmental Health Division. (MM) 2. The kennel operation shall not create noises that are a nuisance to residents on the surrounding properties. If complaints about excess barking are received by the County, noise mitigation measures shall be implemented that may include sound walls, "anti -bark collars," or other methods approved by the Department of Development Services. Any necessary noise mitigation measures shall be installed within one month of being identified as necessary. (MM) On -premises advertising shall be limited to one (1) unlighted sign with not more than three (3) square feet of display area, and such sign shall not be located in any required yard setback. 4. Prior to the issuance of building permits obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. Prior to the issuance of building permits a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public. Works. The drainage plans shall specify how drainage waters shall be detained on-site and/or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. 6. Construction, installation or development of structures or facilities on the parcels/lots shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. 7.___ Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. 0 8. Install a sewage disposal system under permit from the Environmental Health Division. Septic system shall be at least 100 ft. from any well. . 9. 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: Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Butte County Planning Commission Chairman CC: Land Development Division Building Division Health Department California Department of Forestry Animal Control 4 April 7, 1998 Douglas H. Stocks 1712 Cox Lane Oroville, CA 95966 • 'guite Count L A N D O F N AT U RA L W EA LT H A N D B E A U T Y Re: Use Permit, AP 027-350-197, UP 98-16 Dear Mr. Stocks: 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 for a 48 run dog kennel for 48 dogs on the south east corner of Palermo Huncut Highway and Cox Lane, south of Palermo. 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 April 23, 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 Friday. Sincerely, 'e'. ��, -,,� Lynn Richardson P lanning/_Administrative Support Service Assistant Enc. j:\wpdocs\pclrs\schedule. mrg 13 AGENDA REPORT TO: Honorable Chair and Planning Commission FROM: Department of Development Services, Planning Division DATE: April 7, 1998 REQUEST: Use Permit UP 98-16 for Douglas Stocks on APN 027-350-197: A request for a Use Permit for a dog kennel for 48 dogs on property zoned A-5 (Agricultural, 5 -acre minimum parcel size), located on the southeast corner of Palermo-Honcut Highway and Cox Lane, at 8673 Palermo-Honcut Hwy., south of Oroville. This project is located in Supervisorial District 1. RELATED ITEMS: None FOR: Planning Commission Meeting of Apri123, 1998 SUMMARY: Staff recommends approval of this application subject to the findings and conditions 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 24-90.C.37 - A-5 Zone which requires that a conditional Use Permit be obtained for kennels. PROJECT CHARACTERISTICS: This request is for a Use Permit to allow a dog kennel f6r 48 dogs on a 10 acre parcel in the south Oroville area. The kennel will be located in a 6,000 square foot structure. This is a commercial venture, and will involve the breeding, training, and sale of hunting dogs (German Shorthair Pointers and Labrador Retrievers). The applicant has operated a kennel in Martinez for over 25 years. The applicant does not intend to have any employees at this time, but may employ a caretaker in the future. ■ Butte County Department of Development Services ■ Planning Division ■ The dogs will be kept inside the 6,000 sq. ft. enclosed kennel, and only a few dogs will be allowed outside at any one time, and then under close supervision. People interested in buying a dog will come to the property to select a dog. The applicant expects no more than a dozen visits per week. The applicant also trains other people's dogs. Normally a dog is dropped off by the owner and stays with the applicant for approximately one month, undergoing training. The dogs will undergo gun noise training which requires the firing of blanks or a shotgun. The site is developed with a 924 sq. ft. single family residence, with the remainder of the parcel in olive orchard. The project site is surrounded by parcels ranging in size from 6 to 63 acres, with the predominant size being 10 acres. All surrounding parcels have A-5 zoning and an Agricultural - Residential General Plan land use designation. Land uses on the surrounding parcels are rural residential, olive orchards, and livestock grazing. Domestic water for the parcel is provided by a private well and sewer service is provided by an, on-site septic system. Access to the dwelling unit on the parcel is off of Palermo-Honcut Hwy. Five of the seven surrounding properties have been developed with a dwelling unit. The nearest off- site dwelling unit is located approximately 250 ft. to the northwest of the proposed kennel site. 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: A-5 Agricultural Residential Olive orchard/Dwelling unit North: A-5 Agricultural Residential Olive orchard South: A-5 Agricultural Residential Residential East: A-5 Agricultural Residential Residential West: A-5 Agricultural Residential Grazing/Residential ANALYSIS: This project is conditionally consistent with the A-5 zoning district and the General Plan Land Use designation of Agricultural Residential which notes intense animal uses'as secondary uses. The increase in vehicle traffic caused by the proposed use will not be significant. The applicant estimates that he expects no more than a dozen visits per week from people buying a dog. The applicant does not propose to hold events on the site that would generate large volumes of vehicle traffic. Palermo-Honcut Highway currently does not carry much vehicle traffic, and the small increase in.traffic generated by the kennel use will not have an impact to vehicle circulation in the project area. ■ Butte County Department of Development Services ■ Planning Division ■ 2 There are several concerns with this request. These concerns include: sanitation, noise, and land use compatibility with surrounding neighbors. Sanitation. Approval of this project may have a potentially significant impact from runoff to nearby surface waters, and the creation of objectional odors, due to dog feces and other animal wastes. This is an issue that, with proper mitigations, can be adequately addressed through the design and installation of a concrete pad that drains to an approved septic system. The dogs will normally be kept inside a 6,000 sq. ft. building. The applicant has stated that he picks up the dog waste twice a day and will be putting in a new septic tank/leachfield system for disposal of the dog waste. A mitigation of this project will require that all solid and liquid wastes generated by the dogs be discharged into the septic system. Noise. Approval of this project may result in a potentially significant impact from noise. This is an issue that could be addressed through the use of proper mitigations such as anti -barking collars and/or bark -activated sprinkler systems. However, ongoing monitoring may be difficult and the potential for more complaints may not be significantly reduced. The dogs will be kept in a 6,000 sq. ft. building, and only a few dogs will be allowed outside at any one time, and then under close supervision. The applicant intends to install a sprinkler system that helps to reduce barking. In addition, the applicant utilizes anti -bark collars on those dogs that continually bark. A mitigation of this project will require that the kennel operation not create noises that are a nuisance to residents on the surrounding properties. If complaints about excess barking are received by the County, noise mitigation measures will be required that may include sound walls, "anti -bark collars," or other methods approved by the Department of Development Services. Any necessary noise mitigation measures shall be installed within one month of being identified as necessary. Because the dogs are being trained for hunting purposes, the applicant shoots blank .22 caliber shells and an occasional shotgun shell during the training process. Noise from the blanks or shotgun will be heard on nearby parcels, but it is not expected to be significant because the gunshots will not be continuous in nature. The applicant also takes dogs to the Afterbay area in Oroville for more intensive gun noise training. Land Use Compatibility. The Agricultural Residential General Plan land use designation allows for intense animal uses as a secondary use. The proposed dog kennel conforms to this criteria in that it is clearly an intense animal use. Land uses on surrounding parcels are rural residential, orchards, and livestock grazing. Many of the surrounding parcels could be subdivided to the 5 -acre minimum allowed in A-5 zone, which would increase the number of parcels that could be impacted by the proposed kennel. Conditions have been added to this project which will require the applicant to implement noise reduction measures should excess noise from the dogs become a nuisance. These noise reduction measures will reduce the impacts to nearby parcels to a less than a significant level. ■ Butte County Department of Development Services ■ Planning Division ■ The kennel structure will require the removal of a portion of the olive orchard. However, the orchard has not been tended to and is no longer in production. The proposed kennel will not have an impact on other agricultural uses in the project area. ENVIRONMENTAL DOCUMENTATION: This application has been defined as a project under the California Environmental Quality Act (CEQA) and as such, is subject to the requirements of CEQA. An Initial Study Part 1 has been prepared by the applicant and Part 2 has been prepared by County staff. Based upon the a review of the Initial Study, staff has determined that the project impacts can be fully mitigated with the addition of the following mitigation measures added as conditions of approval for the project. RECOMMENDATION: Staff recommends that,the Planning Commission approve the application for Douglas Stocks on APN 027-350-197 for a dog kennel'for 48 dogs in an A-5 zone, subject to the findings and conditions in attached Exhibit A. Attachments: Vicinity Map Site Plan KAPRO1 ECTS\UPC\STOCKS. U KSTOCKS. RPT ■ Butte County Department of Development Services ■ Planning Division ■ 4 EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP 98-16 PERMIT NO. 027-350-197 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Douglas Stocks is hereby granted a Use Permit in accordance with application filed on December 11, 1997 for a Use Permit for a dog kennel for 48 dogs in an A-5 zone. 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with. the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 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. If any use for which a use permit has been granted is not established within two 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. 5. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee, * Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. ■ Butte County Department of Development Services ■ Planning Division ■ Section 1: Environmental Findings. A. An Initial Study was completed in compliance with the California Environmental Quality Act identifying potentially significant environmental effects that the project may have. Provisions and the design of the project and the conditions added to the project will mitigate such effects to a level of insignificance; and B. The design of the proposed project improvements will not cause environmental damage to fish and wildlife or their habitat, and a de minimus exemption to the collection of Department of Fish and Game Environmental Filing Fees is recommended; and C. The Planning Commission has independently reviewed, analyzed, and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, and the Negative Declaration reflects the independent judgement of Butte County; and Section 2: Zoning Ordinance Findings. A. The proposed use of the property will not impair the integrity and character of the zone in which the land lies and that the use would not be unreasonably incompatible with, or injurious to, surrounding property, or detrimental to the health, safety and general welfare of the persons residing or working in the neighborhood, or to the general health, welfare and safety of the County because: The dogs will be kept inside a 6,000 sq. ft. building and only a few dogs will be allowed outside at any one time and then under close supervision; and 2. The kennel will be located in an olive orchard, which will help absorb noise from the kennel; and The nearest dwelling unit is located approximately 250 ft. from the kennel site; and 4. All wastes from the dogs will be disposed of in an on-site septic system; and 5. Anti -bark measures will be required should barking become a nuisance to, nearby residents, and 6. Access to the kennel will be off of a public road (Palermo-Honcut Highway) which -- has the capacity to handle the small increase in traffic generated'by the proposed kennel; and ■ Butte County Department of Development Services ■ Planning Division ■ .1 7. The proposed project is conditionally consistent with the A-5 zone with a Use Permit and is a Secondary Use under the Agricultural -Residential General Plan land use designation; and Section 3: Action A. Subject to the findings indicated in Sections 1 and 2 of this report, move to approve the Use Permit for Douglas Stocks on APN 027-350-197 to allow a dog kennel for 48 dogs in an A-5 zone. Approval shall be subject to the following conditions: B. Standard Conditions of Approval: 1. The kennel operator shall clean and remove all excrement from the kennel on a daily basis and dispose of excrement in a septic system. All waste water from the kennel shall be discharged into the septic system. The septic tank shall be pumped as needed or as directed by the Butte County Environmental Health Division. (MM) 2. The kennel operation shall not create noises that are a nuisance to residents on the surrounding properties. If complaints about excess barking are received by the County, noise mitigation measures shall be implemented that may include sound walls, "anti -bark collars," or other methods approved by the Department of Development Services. Any necessary noise mitigation measures shall be installed within one month of being identified as necessary. (MM) 3. On -premises advertising shall be limited to one (1) unlighted sign with not more than three (3) square feet of display area, and such sign shall not be located in any required yard setback. 4. Prior to the issuance of building permits obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. 5. Prior to the issuance of building permits a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on-site and/or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. 6. Construction, installation or development of structures or facilities on the parcels/lots shall comply with the latest California Fire Safe Regulations, (Public Resources Code ■ Butte County Department of Development Services ■ Planning Division ■ 7 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. 7. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. 8. Install a sewage disposal system under permit from the Environmental Health Division. Septic system shall be at least 100 ft. from any well. 9. 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: Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Butte County Planning Commission Chairman CC: Land Development Division Building Division Health Department California Department of Forestry Animal Control ■ Butte County Department of Development Services ■ Planning Division ■ 8 UP 98-16 APN 027-350-197 STOCKS (SPACE FOR FILING STAMP ONLY) IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF BUTTE In the Matter of Notice of Public Hearing.•••••••••••••••.•••••.•••• No ....................................................................................................................... AFFIDAVIT OF PUBLICATION State of California County of Butte ss. The undersigned resident of the county of Butte, State of California, says: That I am, and at all time herein mentioned was a citizen of the United States and not a party to nor interested in the above entitled matter; that I am the principal clerk of the printer and publisher of The Chico Enterprise -Record Oroville Mercury Register. That said newspaper is one of general circula- tion as defined by Section 6000 Government Code of the State of California, Case No. 26796 by the Superior Court of the State of California, in and for the County of Butte; that said newspa- per at all times herein mentioned was printed and published daily in the City of Chico and County of Butte; that the notice of which the annexed is a true printed copy, was published in said newspaper on the following days: April 3, 1998. I certify (or declare), under penalty of perjury, that the foregoing is true and correct, at Chico, California. Dated ....... April••3•,•• 1998, at Chico, California. . ... ........................ (Signa ure) BUTTE COUNTY PLANNING are on .; tileand • available ,for COMMISSION NOTICE OF ' public viewing ,at the`, offlce'tot PUBLIC HEARING the. Butte County, Development Notice is hereby given by the Services 'Department, Planning Butte Cbunty Planning Com- Division, 7 County Center' mission that a public hearingg Drive, 0roville,-Callfornid F,or.l will.be held..on'`Thursday, rApril l6formatlon call: (530) 538-7601' 23,;1998;. in the Butte County. (Monday I "throwgh . Thursday; Board of `Supervisors' Room, 8:00 a.m. W 4:00 p.rn )`,Com County Administration Center ments may lie sutimftted'lir weft 25 ,Countyry Center.'. Delve, 'Oro= Ing at snye,tim00riort{to1ahe. Ville, 'California, regarding'' the hearing or.orally''at the meeting? following" item: -g• ` -� J< listed above or, as m>iy_6e con j ITEM ON WHICH A NEGA=. timed to .a:"later"lista. if yb`ri; TIVE, DECLARATION' WITH challeng6" the' above applies^. MITIGATION MEASURES RE- tions in court, you may be limit; GARDING • ENVIRONMENTAL ed to raising only those Issues: IMPACTS HAVE •BEEN ,REC-: you or someone. else'iaised at', OMMENDED• . ' ' , the public hearing described I,hi ;,`9:00 a.m. = Douglas Stocks this notice or In written coff 4 • Use Permit to allow a dog" spondence dellvered to the kennel' for 48 dogs on property, Planning Commission; at or pias ,zoned A-5 (Agricultural- 5 acre o� to, the. p, iblic hearing. • • . ; Uzi parcels) located, on the south- BUTTE 'COUNTY : PLANNING east comer bf .Pale"rino=Honcut COMMISSION'.. Highwayi'and:�_'Cok-0Iane, at THOMASA.,PARILO, 867,83. Palermo-Honcut .Hwy.; DIRECTOR, DEVELOPMEfVT identified as 'AP 027-350=197, SERVICES : % -. '-1 ` 1 W. south Oroville t (SB) (UP98- 1 rt y ' C194966, xw 16)s, • . _• Publish. 4/3/1998 "The above m`ention`ed appll- ___ •- ..r,dia. cation, Initial Study; ! and map 0 ' 0 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, April 23, 1998, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item: ITEM ON WHICH A NEGATIVE DECLARATION WITH MITIGATION MEASURES REGARDING ENVIRONMENTAL IMPACTS HAVE BEEN RECOMMENDED 9:00 a.m. - Douglas Stocks - Use Permit to allow a dog kennel for 48 dogs on property zoned A-5 (Agricultural - 5 acre parcels) located on the southeast corner of Palermo-Honcut Highway and Cox Lane, at 86783 Palermo-Honcut Hwy., identified as AP 027-350- 197, south of Oroville. (SB) (UP98-16) The above mentioned application, Initial Study, 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 Friday, April 3, 1998. March 17, -1998 Douglas Stocks 1712 Cox Lane Oroville, CA 95966 tteCounty L A N D O F 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 SUBJECT: Use Permit for Douglas Stocks on APN 027-350-197, File No. UP 98-16 Dear Mr. Stocks, The Butte County Planning Department has completed the initial study of potential environmental consequences anticipated in- connection with the above-mentioned project, a copy of which is enclosed. Please review the enclosed checklist, noting particularly any environmental problems which could be minimized or avoided by the care and manner in which the project is carried out. Also, please review the recommended mitigation measures and contact me as soon as possible regarding your approval or disapproval of the mitigation measures. After reviewing the checklist, you may see ways to improve the project design. Design improvements to minimize problems are encouraged. If you note any errors or omissions in our evaluation, please bring them to our attention. You will be notified of the time and place of the public hearing for your project. If you have any questions regarding environmental review, please contact this office between the hours of 8:00 a.m. and 4:00 p.m., Monday through Thursday. Sincerely, Gat; Stephen Betts Associate Planner enc. K�PLANNRJG�PROIECIS\[JPG�SI'OCKS.[JpUS.LET r Use Permit: Douglas Stocks, UP # 98-16 COUNTY OF BUTTE INITIAL STUDY EVALUATION OF ENVIRONMENTAL IMPACTS I. BACKGROUND: Name of Proponent: Douglas Stocks 2. Address: 1712 Cox Lane, Oroville, CA 95966 Phone (530) 532-1833 3. Name of Proposal, if applicable: 4. Type of Project: Use Permit - Project Description and Location of Parcel: This request is for a Use Permit to allow a dog kennel for 48 dogs on.a ten (10) acre parcel in the south Oroville area. The kennel will be located in a 6,000 square foot structure. This is a commercial venture, and will involve the breeding, training, and sale of hunting dogs .(German Shorthair Pointers and Labrador Retrievers). People interested in buying a dog will come to the property to select a dog. The applicant expects no more than a dozen visits per week. The applicant also trains other people's dogs. Usually a dog is dropped off by the owner and stays with the applicant for approximately one month. The applicant has operated a kennel in Martinez for over 25 years. The applicant does not intend to have any employees at this time, but may employ a caretaker in the future. The site has been developed with a 924 sq. ft. single family residence, with the remainder of the parcel in olive orchard. The project site is zoned A-5 (Agricultural, 5 -acre minimum parcel size) and has a General Plan Land use designation of Agricultural Residential. The project site is surrounded by parcels ranging in size from 6 to 63 acres, with the predominant size being 10 acres.. All surrounding parcels have A-5 zoning and an Agricultural Residential General Plan land use designation. The topography is fairly level. Water is provided by a private well and sewer service is provided by a septic system. Access to the dwelling unit on the parcel is off of Palermo-Honcut Hwy. Additional project description and area description can be found in the data sheet at the end of this document. 6. Assessor's Parcel Number: 027-350-197 7. Date Checklist Submitted: March 12, 1998 H. DETERIVIINATION: On the basis of this initial evaluation: ■ Butte County Department of Development Services ■ Planning Division ■ Use Permit: Douglas Stocks, UP # 98-16 ❑ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ® I find that although the proposed project COULD have a significant effect on the environment, there will NOT be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION with mitigation(s) will be prepared. ❑ I find that the proposed project COULD have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Completed by: §tephen Betts, Associate Planner Reviewed b : Craig Sanders, Principal Planner 3 rI qg Date 31 �� 1 Date M. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below could be potentially affected by this project, involving at least one impact that is a 'Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Land Use and Planning ❑ Transportation/Circulation ❑ Public Services ❑ Population and Housing ❑ Biological Resources ❑ Utilities & Service Systems ❑ Geophysical ❑ Energy and Mineral Resources ❑ Aesthetics ® Water ❑ Hazards ❑ Cultural Resources ❑ Air Quality ® Noise ❑ Recreation EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on- site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. ■ Butte County Department of Development Services ■ Planning Division ■ 2 • Use Permit: Douglas Stocks, UP # 98-16 • Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact 3) "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant if there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) 'Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analysis," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect' has been adequately analyzed in a earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses are discussed in Section XVII at the end of the checklist. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. A source list should be attached, and other sources used or individuals contacted should be cited in the. discussion. IV. ENVIRONMENTAL IMPACTS: 1. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? X b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? X c) Be incompatible with existing land use in the vicinity? X ■ Butte County Department of Development Services ■ Planning Division ■ E Use Permit: Douglas Stocks, UP # 98-16 d) Affect agricultural resources or operations (e.g., impacts to soils or farmlands, or impacts from incompatible land uses)? e) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? 11 Potentially Significant Less Potentially Unless • Than Significant Mitigation Significant Impact Incorporated Impact No Impact X X Response: The project request, a Use Permit for a dog kennel for 48 dogs, does not conflict with the General Plan land use designation or zoning. The Agricultural Residential General Plan land use designation allows for intense animal uses as a secondary use. The proposed dog kennel conforms to this criteria in that it is clearly an intense animal use. The A -S (Agricultural, 5 -acre min) zone does allow for dog kennels provided a Use Permit is obtained. The property is zoned for agricultural uses and contains an old olive orchard According to the applicant, the olive orchard is no longer in production, and less than ten olive trees will be removed to make room for the kennel. Agricultural uses on the property are still possible because the proposed kennel will use only a small portion of the 10 -acre parcel. The request for a dog kennel with this intensity of use may be incompatible with existing land use adjacent to the property. Approval of a dog kennel for 48 dogs may result in impacts (noise and sanitation) that would be incompatible with the residential character of the neighborhood (See Response for Items #4, 9 & 10). There is a potential for increased parceling on the surrounding parcels. Most of the parcels are ten acres in size, with a five acre minimum zoning classification. With future parceling the density of the neighborhood could potentially increase significantly, exposing additional households to the impacts caused by the proposed kennel. Mitigation: See Mitigation # 1 in Item 4 and Mitigation # 2 in Item 10. 2. POPULATION AND HOUSING. Would the proposal: ■ Butte County Department of Development Services ■ Planning Division ■ 4 CJ Use Permit: Douglas Stocks, UP # 98-16 a) Cumulatively exceed official regional or local population projections? b) Induce substantial growth in an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially affordable housing? Potentially Significant Less . Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact .X X X Response: Approval of the request will not affect population or housing projections. The current zoning would permit additional land division on the applicant's parcel and on most of the adjacent parcels. However, the application is for a use permit, not for a land division. The approval of a use permit for a dog kennel is not going to have any effect on density or affordability of housing. Mitigation: None required. 3. GEOPHYSICAL. Would the proposal result in or expose people to potential impacts involving: a) Seismicity: fault rupture? b) Seismicity: ground shaking/ liquefaction? c) Seismicity: seiche? d) Landslides or mudslides? e) Erosion, changes in topography or unstable soil conditions from excavation, grading or fill? X X X X X ■ Butte County Department of Development Services ■ Planning Division ■ 5 • Use Permit: Douglas Stocks, UP # 98-16 Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated f) Subsidence of the land? g) Expansive soils? h) Unique geologic or physical features? Less Than Significant No Impact Impact Response: Approval of the request will not create any significant geophysical or topographical impacts that will result in any deterioration of the environment or place people at any significant risk. The project site is located in the Foothill Shear Zone (Butte County Constraints Map). Any future earthquakes, especially as experienced in this area in 1975, will result in the area residents experiencing some degree of ground shaking. No new residents are proposed by this project. The soil characteristics of the site, Redding sandy gravelly loam, is identified as having moderate to high erosion potential. The characteristics of the project'site, level with little slope, is such that little erosion would likely occur. Mitigation: None required. 4. WATER Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? b) Exposure of people or property to water related hazards such as flooding? c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? d) Changes in the amount of surface water in any water body? X X X X ■ Butte County Department of Development Services ■ Planning Division ■ C Use Permit: Douglas Stocks, UP # 98-16 h) Impacts to groundwater quality? Response: X During a visit of the site, minor flooding was observed on portions of Palermo Honcut Hwy. and Cox Lane on the parcel frontage. The project site is not located in a 100 year f food zone. The proposed use will slightly increase the amount of runoff due to the addition of the 6, 000 sq. ft. kennel. The Department of Public Works is requesting that a plan for a permanent solution for drainage be submitted to their department prior to issuance of a buddingpermit. The drainage plan will provide for no increase in the peak flow runoff from the project site. This will be added as a condition of project approval. Approval of the request will not have any impacts upon the groundwater. Approval of this project may have a potentially significant impact from surface water runofff,. due to dog feces, to surface waters. To address this potential impact a mitigation measure for a septic system to handle dog feces and waste water is necessary to adequately address such a potential impact. The applicant has indicated that he will clean the kennel twice daily and will be installing a new septic tank/leachffeld system to handle the dog waste. MITIGATION #1: The kennel operator shall clean and remove all excrement from the kennel on a daily basis and dispose of excrement in a septic system. All waste water from the kennel shall be discharged into the septic system. The septic tank shall be pumped as needed or as directed by the Butte County Environmental Health Division. ■ Butte County Department of Development Services ■ Planning Division ■ 7 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact e) Changes in currents, or the course or direction of water movements? X f) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavation? X g) Altered direction or rate of flow of groundwater? X h) Impacts to groundwater quality? Response: X During a visit of the site, minor flooding was observed on portions of Palermo Honcut Hwy. and Cox Lane on the parcel frontage. The project site is not located in a 100 year f food zone. The proposed use will slightly increase the amount of runoff due to the addition of the 6, 000 sq. ft. kennel. The Department of Public Works is requesting that a plan for a permanent solution for drainage be submitted to their department prior to issuance of a buddingpermit. The drainage plan will provide for no increase in the peak flow runoff from the project site. This will be added as a condition of project approval. Approval of the request will not have any impacts upon the groundwater. Approval of this project may have a potentially significant impact from surface water runofff,. due to dog feces, to surface waters. To address this potential impact a mitigation measure for a septic system to handle dog feces and waste water is necessary to adequately address such a potential impact. The applicant has indicated that he will clean the kennel twice daily and will be installing a new septic tank/leachffeld system to handle the dog waste. MITIGATION #1: The kennel operator shall clean and remove all excrement from the kennel on a daily basis and dispose of excrement in a septic system. All waste water from the kennel shall be discharged into the septic system. The septic tank shall be pumped as needed or as directed by the Butte County Environmental Health Division. ■ Butte County Department of Development Services ■ Planning Division ■ 7 Use Permit: Douglas Stocks, UP # 98-16 c) Alter air movement, moisture, or temperature, or cause any change in climate? d) Create objectionable odors? X Re once: Approval of the request may result in objectionable odors arising from increased dog feces if not properly on a regular basis. Of the seven surrounding parcels, five have a dwelling unit. The nearest off-site dwelling unit is located approximately 250 feet from the site of the proposed kennel and could be exposed to foul odors from the kennel. The mitigation found in Item 4 requires that dog feces be picked up and properly disposed of on daily basis. This action will prevent any significant odors. Mitigation: See Mitigation #1, Item 4. 6. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? X b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? X c) Inadequate emergency access or access to nearby uses X ■ Butte County Department of Development Services ■ Planning Division ■ Potentially Significant Less Potentially Unless Than Significant Mitigation Significant ' No Impact Incorporated Impact Impact 5. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? X b) Expose sensitive receptors to pollutants? X c) Alter air movement, moisture, or temperature, or cause any change in climate? d) Create objectionable odors? X Re once: Approval of the request may result in objectionable odors arising from increased dog feces if not properly on a regular basis. Of the seven surrounding parcels, five have a dwelling unit. The nearest off-site dwelling unit is located approximately 250 feet from the site of the proposed kennel and could be exposed to foul odors from the kennel. The mitigation found in Item 4 requires that dog feces be picked up and properly disposed of on daily basis. This action will prevent any significant odors. Mitigation: See Mitigation #1, Item 4. 6. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? X b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? X c) Inadequate emergency access or access to nearby uses X ■ Butte County Department of Development Services ■ Planning Division ■ Use Permit: Douglas Stocks, UP # 98-16 Potentially Significant Impact d) Insufficient parking capacity onsite/ offsite? e) Hazards or barriers for pedestrians or bicyclists? f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? h) Substantial impact upon existing transportation systems, including public transportation services? • Potentially Significant Less Unless Than Mitigation Significant No Incorporated Impact Impact 0 ! X Y X x Response: Approval of the request may have incremental effects on traffic to and from the site. People wishing to purchase a dog, or dropping it off or picking it up for training, will come to the site. The applicant anticipates that no more than 12 people will come to the property each week. This increase in vehicle traffic is not expected to have a significant impact on vehicle operations in the project area. No special events are proposed by the applicant that could generated large volumes of vehicle traffic. Mitigation: None required. 7. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds)? X b) Locally designated species (e.g. heritage trees)? X ■ Butte County Department of Development Services ■ Planning Division ■ 0 0 Use Permit: Douglas Stocks, UP # 98-16 c) Locally designated natural communities (e.g. oak forest, etc.)? d) Wetland habitat (e.g. marsh, riparian and vernal pool)? e) Wildlife dispersal or migration corridors? Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact X X X Response: Approval of the request will not have any impact on any plant or animal species on the rare, endangered or threatened species list. The project site has been planted in olive orchard for marry years, and no native vegetation remains. Only small mammals and birds are found on the site. Mitigation: None required. 8. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? X b) Use non-renewable resources in a wasteful and inefficient manner? X c) Conflict with the extraction of identified, significant mineral resources? X Response: The proposed construction of a 6, 000 square foot structure to house the dog kennel will use a minimal amount of nonrenewable resources. Mitigation: None required. 9. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or ■ Butte County Department of Development Services ■ Planning Division ■ 10 Use Permit: Douglas Stocks, UP # 98-16 release of hazardous substances (including, but not limited to: oil, pesticides, chemicals, or radiation) • Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact X b) Possible interference with an emergency response plan or emergency evacuation plan? _ c) The creation of any health hazard or potential health hazard? d) Exposure of people to existing sources of potential health hazards? e) Increased fire hazard in areas with flammable brush, grass, or trees? X X Response: Approval of the request is not expected to expose the public to any health hazards. The dogs will be kept in the 6, 000 sq. ft. kennel. Assuming the dogs' excrement is collected and disposed of in a regularly scheduled manner, and that all the dogs receive regular rabies shots, any threat of transmission of diseases is reduced (See Response, Item 4 regarding animal waste disposal). Access to the site is a paved public street. Emergency vehicles will have no problem accessing the site. Mitigation: See Mitigation #1, Item 4. 10. NOISE. Would the proposal result in: a) Increases in existing noise levels? X b) Exposure of people to severe noise levels? X Response: Approval of the request to permit a kennel for 48 dogs at this site will incrementally and cumulatively have a significant noise impact on the surrounding area. ■ Butte County Department of Development Services ■ Planning Division ■ 11 E Use Permit: Douglas Stocks, UP # 98-16 • Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated Less Than Significant No Impact Impact Five of the seven surrounding parcels have been developed with a dwelling unit. The nearest off-site dwelling unit is located approximately 250 ft. from the proposed kennel. The kennel will be located in the olive orchard. The dogs will stay mainly inside the 6, 000 sq. ft building, but will be allowed outside to exercise. Approximately four dogs will be allowed outside at any one time and they will not be left unattended The applicant intends to use a sprinkler system in the kennel that quiets the dogs down. In addition, the applicant also utilizes anti -bark collars on dogs that continually bark. There are several mitigation measures that could address this impact, such as requiring the dogs to have anti -bark collars or installing soundproofing on the walls of the building. In addition, there are numerous olive trees between the kennel and the nearby dwelling units. The trees will help absorb sounds, reducing the amount of noise reaching the surrounding residences MITIGATION # 2: The kennel operation shall not create noises that are a nuisance to residents on the surrounding properties. If complaints about excess barking are received by the County, noise mitigation measures shall be implemented that may include sound walls,"anti-bark collars," or other methods approved by the Department of Development Services. Any necessary noise mitigation measures shall be installed within one month of being identified as necessary. 11. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? X b) Police protection? X c) Schools? X d) Maintenance of public facilities, including roads? X e) Other governmental services? X ■ Butte County Department of Development Services ■ Planning Division ■ 12 0 Use Permit: Douglas Stocks, UP # 98-16 • Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated Less Than Significant No Impact Impact & onse: Approval of the request will not result in the need for new or additional services except in the area of animal control. Approval of the use permit may result in additional complaints from neighbors which will require additional responses from Butte County Animal Control, particularly if noise mitigations are not followed. Mitigation: See Mitigation in Item #10. 12. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems, or substantial alterations to the following utilities: a) Power or natural gas? b) Communications systems? c) Local or regional water treatment or distribution facilities? d) Sewer or septic tanks? e) Storm water drainage? f) Solid waste disposal? g) Special Districts? /1 X X X. X X— X Re onse: Approval of the request will not result in any need for new systems. Services are already present onsite. Mitigation: None required. 13. AESTHETICS. Would the proposal: a) Affect a scenic vista or designated scenic highway? b) Have a demonstrable negative X ■ Butte County Department of Development Services ■ Planning Division ■ 13 0 Use Permit: Douglas Stocks, UP # 98-16 aesthetic effect? c) Create light or glare? • Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated Less Than Significant No Impact.Impact X Response: Approval of the request is not going to result in any significant impacts to scenic vistas or to the area's aesthetics. The 6, 000 sq. ft. kennel will be surrounded by olive trees and will not be highly visible from the public roadways. Mitigation: None required. 14. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? b) Disturb archaeological resources? c) Affect historical resources? d) Have the potential to cause a physical change which would affect unique ethnic cultural values? e) Restrict existing religious or sacred uses within the potential impact area?_ X X X X X Response: The project site is located in a general area characterized as having a low to moderate, including unknown, archeological sensitivity. The location of the project is not in an area that holds very high potential for historical or cultural resources. Often such sites are found in foothill areas, areas with high bluffs, rock outcroppings, areas overlooking deer migratory corridors, or above bodies of water. No such characteristics exist on the project site. Had there existed any cultural resources at surface or near surface level they would have been destroyed years ago by the impacts from the agricultural activities on the property. Construction of the kennel structure is not likely to impact any unknown subsurface resource. Therefore, no impacts to cultural resources are expected to occur. Mitigation: None required. ■ Butte County Department of Development Services ■ Planning Division ■ 14 • Use Permit: Douglas Stocks, UP # 98-16 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact 15. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreation facilities? b) Affect existing recreational opportunities? X Response: Approval of the request is not going to result in any additional demands upon recreational facilities. Mitigation: None required. 16. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal. or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are X ■ Butte County Department of Development Services ■ Planning Division ■ 15 • Use Permit: Douglas Stocks, UP # 98-16 considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects). • c) Does the project have environmental effects which will cause substantial adverse effects on human being, either directly or indirectly? X X Response: Approval of the request will not have any significant impacts upon the quality of the environment, in as much as no significant impacts will result on any wildlife populations, either to plant or animal species. No known cultural resources exist onsite. There are no known cumulative impacts which would result from approval of the request. Approval of the request will result in potentially significant noise impacts to the surrounding neighbors. The addition of 48 dogs will result in an increase in nuisance complaints to Butte County Animal Control. Approval of the request will only compound the noise impacts to the neighborhood Approval of the request may also result in sanitation problems unless a proper septic system, both infrastructure and scheduling, is instituted. V. MITIGATION MEASURES AND MONITORING REQUIREMENTS: MITIGATION # 1: The kennel operator shall clean and remove all excrement from the kennel on a daily basis and dispose of excrement in a septic system. All waste water from the kennel shall be discharged into the septic system. The septic tank shall be pumped as needed oras directed by the Butte County Environmental Health Division. MITIGATION # 2: The kennel operation shall not create noises that are a nuisance to residents on the surrounding properties. If complaints about excess barking are received by the County, noise mitigation measures shall be implemented that may include sound walls, "anti -bark collars," or other methods approved by the Department of Development Services. Any necessary noise mitigation measures shall be installed within one month of being identified as necessary. DATA SHEET A. Project Description Type of Project: Use Permit ■ Butte County Department of Development Services ■ Planning Division ■ 16 • Use Permit: Douglas Stocks, UP # 98-16 2. Proposed Density of Development: n/a 3. Amount of Impervious Surfacing: Minimal 4. Access and Nearest Public Road(s): Parcels fronts on Palermo-Honcut Hwy. and Cox Lane. 5. Method of Sewage Disposal: On-site septic tank/leachfield system. 6. Source of Water Supply: On-site well. 7. Proximity of Power Lines: To property. 8. Potential for further land divisions and development: There is potential further land divisions under existing zoning for one parcel being created. B. Environmental Settins7 1. Terrain a General Topographic Character: Relatively level with no unique topographical features. b. Slopes: 0 to 2% C. Elevation: 125 feet above sea level. d. Limiting Factors: None. 2. Soils a. Types and Characteristics: Redding gravelly sandy loam, adequate drainage. b. Limiting Factors: High potential for expansiveness. 3. Natural Hazards of the Land a. Earthquake Zone: Foothills Shear Zone b. Erosion Potential: Low C. Landslide Potential: None d. Fire Hazard: Unclassified - irrigated area e. Expansive Soil Potential: High 4. Hydrology a. Surface Water: None b. Ground Water: Unknown C. Drainage Characteristics: Natural percolation and sheet drainage. d. Annual Rainfall (normal): 24 inches per year. e. Limiting Factors: Flooding along Palermo-Honcut Hwy and Cox Lane. 5. Visual/Scenic Quality: Good. 6. Acoustic Quality: Good. Noise from vehicles on Palermo-Honcut Hwy. heard throughout site. 7. Air Quality: Good, except when stagnant air conditions persist in the valley. 8. Vegetation: Olive orchard. 9. Wildlife Habitat: Mammals and birds common to orchard areas. 10. Archaeological and Historical Resources in the area: Moderate to low, including unknown, sensitivity area. 11. Butte County General Plan designation: Agricultural Residential ■ Butte County Department of Development Services ■ Planning Division ■ 17 Use Pemit: Douglas Stocks, UP # 98-16 12. Existing Zoning: A-5 13. Existing Land Use on-site: Olive orchard and one dwelling unit. 14. Surrounding Area: a. Land Uses: Olive orchards, livestock grazing, residential uses on 10 -acre parcels. b. Zoning: A-5 C. Gen. Plan Designation: Agricultural Residential & Grazing/Open Lands d. Parcel Sizes: 6 to 63 acres, with a predominant size of 10 acres. 15. Character of Site and Area: Agricultural and rural residential. 16. Nearest Urban Area: Palermo. 17. Relevant Spheres of Influence: None. 18. Improvement Standards Urban Area: None. 19. Fire Protection Service: a. Nearest County (State) Fire Station: Station number 72 approximately 2.5 miles to the north in Palermo and Station number 74, approximately 2.5 miles to the south in Honcut. b. Water Availability: Fire tankers only. 20. Schools: Palermo Union and Oroville Union High School Districts. ENVIRONMENTAL REFERENCE MATERIAL 1. Butte County Planning Department. Earthquake and Fault Activity Map 11-1, Seismic Safety Element. Oroville, CA: C112M Hill, 1977. 2. Butte County Planning Department. Liquefaction Potential Map 11-2, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 3. Butte County Planning Department. Subsidence and Landslide Potential Map 111-1, Safety Element. Oroville, CA C112M Hill, 1977. 4. Butte County Planning Department. Erosion Potential Map 111-2, Safety Element. Oroville, CA: CH2M Hill, 1977. 5. Butte County Planning Department. Expansive Soils Map 111-3, Safety Element. Oroville, CA: C112M Hill, 1977. 6. Butte County Planning Department. Noise Element Map IV -1, Scenic Highway Element. Oroville, CA: C112M Hill, 1977. 7. Butte County Planning Department. Scenic Highways Map V-1, Scenic Highway Element. Oroville, CA: C112M Hill, 1977. 8. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4, Safety Element. Oroville, CA: CH2M Hill, 1977. 9. Butte County Planning Department. Archaeological Sensitivity Map. Oroville, CA: James P. Manning, 1983. 10. Butte County Planning Department. School District Man. Oroville, CA. 11. Northwestern District Department of Water Resources. Chico Nitrate Study Map, Nitrate Concentration in Shallow Wells. The Resources Agency, State of California, 1983. ■ Butte County Department of Development Services ■ Planning Division ■ 18 Use Permit: Douglas Stocks, UP # 98-16 12. Butte County Board of Supervisors. Agricultural Preserves Map, established by Resolution No. 67-178. Oroville, CA: Butte County Planning Department, 1987. 13. National Flood Insurance Program. Flood Insurance Rate Maps. Federal Emergency Management Agency. 1989. 14. USGS Quad Maps. 15. Soil Map, Chico 1925)/Oroville (1926) Area. United States Department of Agriculture. 16. Soil Survey of Chico (1925)/Oroville (1926) Area. United States Department of Agriculture. 17. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Man. Butte County Fire Department and California Department of Forestry, 1989. K:\PLANNING\PROJECTS\UPC\STOCKS.UP\STOCKS.IS ■ Butte County Department of Development Services ■ Planning Division ■ 19 February 25, 1998 Douglas Stocks 1712 Cox Lane Oroville, CA 95966 0 utte CO L A N D O F N AT U RA L W EA LT H A N D B E A U T Y PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916) 538-7785 Re: Use Permit for Douglas Stocks on APN 027-350-197, File # UP 98-16 Dear Mr. Stocks, 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. Should you have any further questions, please contact me between the hours of 8:00 a.m. and 4:00 p.m., Monday through Thursday. Sincerely, Stephen Betts Associate Planner encl K:\PLANNING\PROJECTS\UPC\STOCKS.UP\COMMENTS.LET FM A-5' A-40 GOL Fffv UP 98-16 AP# 027-350-197 Douglas Stocks OFC A-5 GOL GOL Project Location Lane ----- -------- AR CL I k r � 'enV+t ental Heal th DEC 1 5 y997 BUTTE COUNTY Cou 3, ^ DEPARTMENT OF DEVELOPMENT SERVICES Or ,1Ien1erre PLANNING DIVISION Ca riv TO: Environmental Health FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Douglas H. Stocks, UP 98-16 DATE: December 15,1997 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 24 run dog kennel on property zoned A-5 (Agriculture -5 acre parcel) located on on the south east corner of Palermo Huncut Highway and Cox Lane, south of Palermo, identified as APN 027-350-197. `Supervisorial District No. 1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON April 9, 1998. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN December 30,1997. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): 1. LJA s T kW' CSA T4EK Gl u M TNt' eiA� c W 11: L h 4'V n Tb SEPTIC SS rn S�iyAtr f �is�� � n ail 1 T AA�b y�!N� Cc.cAela �lCC �.►� a r,, � 2 D �2ow, v1 v. E�TiJ . � S��TI S� S fy"�n ✓t'»n5-7' TSE' Ida' 1�Pt�m �N�l �Jr L�. . By: 0,44144 02AD Date: Q Manning Division 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 JAN 16 1998 ®roville, 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: Douglas H. Stocks, UP 98-16 DATE: December 15,1997 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 24 run dog kennel on property zoned A-5 (Agriculture -5 acre parcel) located on on the south east corner of Palermo Huncut Highway and Cox Lane, south of Palermo, identified as APN 027-350-197. Supervisorial District No. 1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON April 9, 1998. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN December 30,1997. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): Ag"'Ili C!/as1t • x»1441-1 C,_ By: Date: deZe&.� 17 199,17 If 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7P ring Division DEC f8 1997 Oroville, Gaiiforn�� BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Douglas H. Stocks DATE: December 15, 1997 AGENT: APN: 027-350-197 FILE #: UP 98-16 PLANNER: PROJECT DESCRIPTION: Use Permit for a 24 run dog kennel Those items checked are conditions of approval. PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS A. STREETS X 1. Prior to the issuance of building permits obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. 2. Prior to the issuance of building permits deed to Butte County, in fee simple, _ feet of right-of-way from the centerline of . The right of way shall be sufficient for the installation of standard No. S-5 at all street intersections. 3. Prior to the issuance of building permits submit road and drainage improvement plans for the installation and construction of the street frontage improvements on to standard, including but not limited to P.C.C. curb, gutter and sidewalk and the required street section for parcels with gross acreage of one acre or less. Construct or install the required improvements. 4. Prior to the issuance of building permits dedicate a one foot "no access strip" or relinquish abutters rights to Butte County, along the frontage of parcels , except at approved access points. B. DRAINAGE �C 1. Prior to the recordation of the issuance of building permits a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. _ 2. Prior to the issuance of building permits establish 100 year floodplain elevations and the lowest floor elevations for any structures. Show on the site plan map for building permits the elevations (by contours) and the location of an accepted NVGD benchmark and a temporary benchmark on-site. C. LEGAL LOT STATUS Prior to the issuance of the Use Permit, prove, to the satisfaction of the Director of Public Works, that the parcel of the subject application is i legal parcel. BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: California Department of Forestry FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Douglas H. Stocks, UP 98-16 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 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 48 run dog kennel for 48 dogs on property zoned A-5 (Agriculture -5 acre parcel) located on on the south east corner of Palermo Huncut Highway and Cox Lane, south of Palermo, identified as APN 027-350-197. Supervisorial District No. 1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON April 9 , 1998. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN January 28, 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: P JAN.2 61998 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 ®roviile, California Jr+ , •0 BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Douglas H. Stocks DATE: December 15, 1997 AGENT: APN: 027-350-197 FILE #: -UP 98-16 PLANNER: PROJECT DESCRIPTION: Use Permit for a 24 run dog kennel Those items checked are conditions of approval. PLEASE CONTACT THE BUTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS -. 1. Construction, installation or development of structures or facilities on the parcels/lots shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. 2. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the�beginning of building construction and maintained continuously'thereafter. 3. Fire hydrant identification, reflector or post reflectors shall be installed acceptable to the County Fire Warden. 4. In lieu of a pressurized water system or water storage tank, payment of $200.00 per created parcel into the Battalion _ water tend fund, is required prior to the issuance of a building permit. _ 5. A pressurized community water system for fire protection is required. The specific locations and fire flow requirements shall be in accordance with the Fire Department specifications and to the satisfaction of the County Fire Warden. Average required hydrant spacing _ feet, hydrant size _ inches, and residual fire flow_ gpm. Submit plans to the Fire Department for review and approval prior to construction of facilities. 6. In lieu of hydrant installation, payment may be made into the hydrant fund at a cost of $1.72 per lineal foot of street frontage. The estimated fee amount is $ 7. Prior to recordation of the Map or application for a building permit, the applicant shall pay the then current fee for the West Chico Fire Station Fund. _ 8. Provide an all weather access to all structures, which is designed to carry a 40,000 pound fire apparatus at least 10 feet wide with a 15 foot vertical clearance. BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: LAFCo FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Douglas H. Stocks, UP 98-16 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 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 48 run dog kennel for 48 dogs on property zoned A-5 (Agriculture -5 acre parcel) located on on the south east corner of Palermo H[nncut Highway and Cox Lane, south of Palermo, identified as APN 027-350-197. Supervisorial District No. 1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON April 9 , 1998. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN January 28, 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 PS if nPCPSSAN)' By: -JO-4tz"? nning Divi -- JAN Z 1 19$ 7 County Center Drive Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 ®roville, California Palermo Ranch Kennels "GSP" Douglas Stocks "LABS" 576 Palms Drive 1712 Cox Lane Martinez, CA 94553 Oroville, CA 95966 (510)370-7980 (530)532-1833 Fax (510)370-0614 B4,)--) �llOa,+M e,, p � kerLeo4 'f? ego ,--V db yam. l T-6 k, 11-1 79 Planning Division J AN 0.8 1998 Oroville, California FILE NO: IIP 98-16 LEAD - Vi SHEET AP -9 027 -350-197 APPLICANT: Douglas H Stocks, 1712 Cox Lane, Oroville CA 95966 Name ' address OWNER: Same Name Ad's'' RESPRESENTATIVE: Name Address SIZE: ��� G��✓�4 - TION: v i S UPERVISORAL DISTRICT # / EXISTING ZONING: �5 ZONING HISTORY SURROUNDING ZONING: SURROUNDING LAND USE: SITE HISTORY: GENERAL PLAN DESIGNATION: APPLICABLE REGULATIONS: planning Division k:\forms\lead-in 1997 oEc I 1 projill®. California COMMENT DISTRIBUTION LIST APPLICATION: Douglas H. Stocks DATE: December 15, 1997 County Offices and Cities: / Chief Administrative Officer ✓ X_ Develop. Services Director Environmental Health Sheriff _ BCAG _ LAFCo _ APCD Biggs _ Gridley Oroville _ Paradise Lnigation District: Butte Water OWID Table Mountain Irrigation Domestic Water Butte Water District OWID Sewer Butte Water District Skansen Subdivision (CSA 21) Fire Protection . 'IX_ California Department of Forestry _ Recreation Districts _ Chico Area Recreation _ Paradise Recreation & Park Utilities Biggs/W. Gridley Water Paradise Irrigation Thermalito Irrigation California Water Service Co. _ Thermalito Irrigation District Themalito Irrigation L.O.A. PUD EI Medio Fire Protection District Durham Area Recreation _ Richvale Recreation & Parks Public Works Director Building Manager ALUC Butte Co. Fane Bureau Chico Chico Airport Commission Agricultural Commission Durham Irrigation Richvale Irrigation Other Del Oro Water Co. Other Sterling City Sewer Main Feather River Rec. & Park PG&E North - Chico _ Chambers Cable TV _ Pacific Bell PG&E South - Oroville Viacom Cable TV State Agencies CalTrans (Traffic) Dept of Water Resources _ Dept of Fish and Game _ _ Forestry (Attn: Craig Carter) _ Dept of Parks and Rec. _ Highway Patrol Central Reg. Water Quality Cont _ Caltrans, Aeronautics Program _ Department of Conservation Off. of Mining Reclamation _ Off. of Governmental & Env. Relations censing Dept.Social Services, ComLicensing Federal Agencies US Forest Service US Bureau of Land Management _ US Fish & Wildlife Service _ _ Army Corps of Engineers Other Districts, Agencies, Committees, etc. Lime Saddle Dist Community Association _ Mosq. Abatement Oroville/Butte Co _ _ _ Drainage _ Butte Env.l Council . Paradise mm Com. Assoc. 1 Reclamation _ Cal Native Plant Society CoUJ� Butte Co. Mining Committee _ Forest Ranch Community Assoc. _ Butte Ck. Watershed Conservancy_ School Districts BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: FROM:. Butte County Planning Division RE: Request for Comments on a Development Application: Douglas H. Stocks, UP 98-16 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 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 48 run dog kennel for 48 dogs on property zoned A-5 (Adriculture-5 acre parcel) located on on the south east corner of Palermo Huncut Highway and Cox Lane, south of Palermo, identified as APN 027-350-197. Supervisorial District No. 1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE -THE (check one) PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON Avril 9 , 1998. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN January 28, 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: applicant AGENT: • DATE: December 15, 1997 APN: 027-350-197 FILE #: UP 98-16 PLANNER: PROJECT DESCRIPTION: Use Permit for a 24 run dog kennel 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 ebsting development, the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees shall include, but not be limited to: School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. EXISTING STRUCTURES 1. Comply with the Uniform Building Code for property line clearances considering use, area and fire -resistiveness of existing buildings. _ 2. Facisting 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. • APPLICANT: Douglas H. Stocks AGENT: n U DATE: December 15, 1997 APN: 027-350-197 FILE #: UP 98-16 PLANNER: PROJECT DESCRIPTION: Use Permit for a 24 run dog kennel 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. • 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 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 -\.V" 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. Planning Division DEC 1 1 1997 Oroville, Califomia . 515 9.52.4 RSIIO-42 SEC. 28 T. 18 KR. 4 E. 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