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Home My WebLink AboutUP 98-20PROJECT SUMMARY FILE #: UP 98-20 PROJECT TYPE: Use Permit APPLICAiNT: Doug & Kari Wheeler ADDRESS: 3415 Smith Ave., Biggs, CA 95917 _ OWNER: REPRESENTATIVE: ADDRESS t PROJECT DESCRIPTION: Use Permit for a boarding stable for W horses with a riding stable-uAre-%d-and_tack-store ' A PROPERTY ZONED: A-40 LOCATED: AP#: 022-100-024 & 025 TOWN/AREA: Biggs GENERAL PLAN DESIGNATION:_ Or chard and Field Crops 1. Application complete: February 17, 1998 Amount: $ 1018.00 Receipt #: 16231 2. Comments sent to: E.H. LAFCO, BI GS, DEV. SER., PW, AG COMM., CDF, CAL.TRANS, RECLAMATION DIST 833 3. Comments received from: 4. Rezone Petition Signatures Checked: 5. Mailing List/Lead-in Sheet: 6. Assigned To: Stephen Hackney 7. Environmental Determination: State Clearinghouse No: Categorical Exemption-CEQA# Negative Declaration tigation Negative Declaration Subject to Fish & Game: Environmental Impact Report Gen. Rule Ex. -CEQA # 15061.(bx3) Other 8. Staff Report: Project Video: 9. Clearinghouse circulation required: Yes qq No Date Sent to SCH: 10. Publication Notice Written: �' dr �Y� Display Ad Prepared: 11. Notices Mailed: �� / u Number of Notices: q,%� 12. Newspaper Publication Date: ` fop 13. Planning Commission Hearin (s): (p `,2 S— 9 /J • fV3 ' Action taken: Special Conditions: Commission Resolution No. 14. Board of Supervisors' Hearing(s): O — a /,�q„ co A • M Action taken: Board Resolution No.: Ordinance No: Adopted: 15. Type Use Permit/Send for signature: 16. N.O.E. / N.O.D. / APPENDIX G: SEP 2 9 1998 Fish & Game Fee s Paid: Yes - No 17. Send validated Use Permit: SEP 29 lggg 18. Assessor's Memo: SEP 2 9 1998 19. Copy of Use Permit / Variance to Planning ician: SEP 2 9 1998 r 6 w i i, P`ectL Dcats n CD i [n a XCD t _ g ! e C f i ! 022- ui E. Ri t Road oc ....... ...... _ ® � �.. • B � Bi s East Dako A e v - o iCh ia] AV m - 3A � m , BUTTE COUNTY PLANNING CONIlVIISSION Applicant: Doug & Kari Wheeler Owner: Same Hearing Date: June 25, 1998 @ 9:00 am Eidsting Zone: A-40, (Agricultural, 40 acre minimum) N Request: Use Permit to allow a boarding stable for 40 horses and a riding stable and feed and tack store. No Scale Assessor Parcel No: 022-100-024 & 025 File: 98-20 �J -,—I QQ — 029! -DSSy ci -DDU y OIL I L D 2:1-') D ® `2-� IN EL: 022 100 024 000 STATUS: A PRASIRTPUN SUPALURK & DUANGJAI- 1178 CURRY VILLAGE CT MERCED CA 95340 ' EL: 022 080 014 000 STATUS: A � KRENTZ JULES L & EDNA L TR ETAL KRENTZ JULES L & EDNA L TRS 164 BIGGS EAST HWY BIGGS CA 95917 EL: 022 080 015 000 STATUS: A WHEELER DOUGLAS F & KARI L 3415 SMITH AVE BIGGS ' CA 95917 EL: 022 080 032 000 STATUS: A LIBBY TERRY WAYNE & SANDRA LYNN 3360 MILKY WAY BIGGS CA 95917 EL: 022 080 034 000 STATUS: A STANLEY MICHAEL LEWIS & CORDELIA 3342 MILKY WAY ' BIGGS CA 95917-9751 EL: 022 080 035 000 STATUS: -A BAILEY JAMES C & CLARA M 3332 MILKY WAY BIGGS CA 95917 EL: 022 100 004 000 STATUS: A WAMPUM RANCHES ETAL LUND PETER A 215 B ST BIGGS CA 95917 EL: 022 100 011 000 STATUS: A BIGGS UNIFIED SCHOOL DISTRICT P O BOX 397 BIGGS CA 95917 0 HL: 022 100 014 000 STATUS: A SATUR PAUL & PAULINE S 190 B ST BIGGS CA 95917 / EL: 022 100 016 000 STATUS: A BAYLES LIVING TRUST ETAL BAYLES MELVA TRUSTEE P 0 BOX 536 BIGGS CA 95917 | . EL: 022 100 020 000 STATUS: A COOPER DEWEY JOHN & LINDA L ETAL 3314 MILKY WAY ' BIGGS CA 95917 ^ ' GL: 022 100 021 000 STATUS: A WESTERMAN FAMILY TRUST WESTERMAN RALPH L & NAOMA J TRUS 3306 MILKY WAY - BIGGS CA 95917 EL: 022 100 022 000 STATUS: A BAYLES DANIEL JR MARITAL TRUST E . P O BOX 367 BIGGS CA 95917 i EL: 025 300 028 000 STATUS: A PATANE LARRY PAUL & MYRA 3394 HWY 99 BIGGS CA 95917 ` EL: 022 100 027 000 STATUS/ A BAGLEY CLIFFORD W & MINNIE H 206 WRIO BONITO RD BIGGS CA 95917 EL: 022 100 028 000 STATUS: A TOLMAN JOHN A & ANN L JT 200 W RIO BONITO RD BIGGS CA 95917 Project: UP 98-20 I. BACKGROUND: 0 COUNTY OF BUTTE INITIAL STUDY EVALUATION OF ENVIRONMENTAL IMPACTS 1. Name of Proponent: Doug and Kari Wheeler (applicants and owners) 2. Address: 3415 Smith Avenue, Biggs, CA 95917 Phone: 530-868-1716 3. Name of Proposal, if applicable: Use Permit Application No. 98-20 4. Type of Project: Use Permit request for boarding and riding stables to accommodate up to 40 horses and a commercial feed store 5. Project Description and Location of Parcel(s): This project is a request to allow boarding and riding stables for 40 horses and a feed and tack store on property zoned A-40 (Agricultural -40 acre parcel minimum) located on the north side of West Rio Bonito Road adjacent to the west side of Smith Avenue. The total project area consists of two parcels totaling 29 acres owned by the applicant. (The property has two Assessor's Parcel numbers. The horse boarding and feed store operation is proposed on 6.7 acres which front Smith Avenue. The southern portion of the property adjacent to West Rio Bonita Road currently contains a 1500 square foot older home with several accessory structures, (including, but not limited to, a 800 square foot caretakers house and 600 square foot shop). The applicant's home and accessory buildings are located on the a separate parcel immediately north of the project site. Dry pastures which are bisected south to north by an irrigation ditch, are located on the balance of the site. A drainage ditch (Reclamation District 833) is located approximately 200 feet west and parallel of Smith Avenue. Surrounding uses are agricultural residential with prune orchards south and east of the project site. Horses are currently kept on the subject property and in the surrounding neighborhood. The applicant proposes to build portable horse stalls as needed to eventually accommodate up to 40 horses on the project site. The stalls would be 10' x 10' in size for a total of 4000 square feet of buildings. Proposed accessory uses would include a 250' x 150' riding arena, two corrals, a graveled parking area with a connecting access drive to a truck and trailer parking area near the proposed stalls. The applicant proposes to install six stalls preliminarily and anticipates the boarding of 20 horses by the year 2001. Additionally, the applicant is requesting to operate a feed and tack store in the existing shop on the property. The subject project is located in the Biggs area and has a land use designation of "Orchard and Field Crops". The project topography is generally level terrain with existing irrigation (does not carry water at this time) and reclamation ditches bisecting the property north to south west of the Smith Avenue frontage. No flooding has occurred on-site. The soils in this area are classified as "Class 2" or "good cultivatable land." The Soil Conservation Service Land Capabilities Classification notes that lands with this soil classification have few limitations and can be used for "cultivated crops, pasture, range, woodland or wildlife." (Butte County Master Environmental Assessment, page LU -25). The surrounding area is currently in agricultural production (orchard crops). 0 Butte County Department of Development Services 0 Planning Division ■ Project: UP 98-20 6. Assessor's Parcel Numbers: 022-100-024 and 022-100-025 7. Date Checklist Submitted: May 15,1998 II. DETERMINATION: On the basis of this initial evaluation: ❑ 1 find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ® 1 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. ❑ 1 find that the proposed project COULD have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Prepared by: Date A .� " Reviewe V : III. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: t.?lo I For 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 0 Public Services ❑ Population and Housing 0 Biological Resources 0 Utilities and Service Systems p Geophysical ❑ Energy and Mineral Resources ❑ Aesthetics 0 Water ❑ Hazards 0 Cultural Resources ❑ Air Quality 0 Noise 0 Recreation ❑ Butte County Department of Development Services ❑ Planning Division ❑ E C Project: UP 98-20 Potentially Significant Impact EVALUATION OF ENVIRONMENTAL IMPACTS: of Significant Less Unless Than Mitigation Significant Incorporated Impact . No Impact 1) A brief explanation is required for all answers except "No Impact' answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact' answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact' answer should be explained where it is based on project -specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect is significant if there are one or more "Potentially Significant Impact' entries when the determination is made, an EIR is required. 4) "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has, reduced an effect from "Potentially Significant Impact' to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analysis," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in a earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses are discussed in Section XVII at the end of the checklist. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. This is a draft form of the County of Butte Environmental Checklist (Initial Study) form. It is subject to periodic revisions to comply with the State of California Office of Planning & Research recommended format. IV. ENVIRONMENTAL IMPACTS: Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact 0 Butte County Department of Development Services ■ Planning Division 0 0 Project: UP 98-20 Potentially Significant Impact 1. LAND USE AND PLANNING. Would the proposal: L� Significant Less Unless Than Mitigation Significant Incorporated Impact a) Conflict with general plan designation or zoning? _X No Impact Comment. The project is a request to allow riding and boarding stables and a commercial feed store on property currently zoned A-40 (Agricultural -40 acres minimum parcel size) and designated as "Orchard and Field Crops." Although the zoning ordinance allows riding staples with a use permit in the A-40 zoning district, policies within Agricultural Element of the General Plan direct careful consideration of uses other than agricultural production on the agriculturally designated properties. "In order to preserve the maximum amount of land for commercial agricultural production and to avoid conflicts, restrict non-agricultural uses in the Zoning Ordinance, including, but not limited to, water ski lakes, riding stables, golf courses, residential subdivisions, and industrial and commercial uses not directly related to agriculture on agricultural lands. Public uses, including but not limited to, sewer treatment plants, drainage facilities, and energy generating facilities shall be permitted subject to a Use Permit". Such facilities shall be carefully located so as not to unduly interfere with existing or planned agricultural activities." (Agricultural Element, page AE -13) Commercial feed stores are not listed as allowed uses in the A-40 zoning district or as allowed with a use permit. A code amendment to the zoning district regulations and a possible amendment to the Agricultural Element may be necessary prior to approving the applicant's request for the commercial feed store. Allowing commercial or retail sales to occur in the agriculturally designated parcels throughout the County may result in a potentially significant impact to the preservation of agricultural land as currently set forth in the General Plan. Mitigation 1: Deny the request for a commercial feed store. If the applicant wishes to pursue revision of the current zoning regulation to allow a commercial feed store and/or an amendment to the General Plan policies regarding limiting non-agricultural uses , further environmental assessment will be required to analyze potential impacts to the preservation of agricultural resources. b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? X Comment: The project site contains a drainage ditch under the authority of Reclamation District No. 833. The Board of Trustees for Drainage District No. 833 responded to this use permit application by forwarding an adopted Resolution which requires drainage studies be prepared and submitted to their agency for review and action on a case-by-case basis. Required information must include data regarding the established historical peak flows from the site, indications that no increase in peak drainage flows from the development site will be deposited into their drainage facility, and proposed offsite improvements to maintain the holding capacity. (Please see attached Resolution.) Mitigation 2: Provide drainage studies as required by Reclamation District No. 833 and install improvements if necessary to ensure that there are no increases in peak drainage flows ■ Butte County Department of Development Services ■ Planning Division ■ 4 0 Project: UP 98-20 into the existing drainage facility. c) Be incompatible with existing land use in the vicinity? d) Affect agricultural resources or operations (e.g., impacts to soils or farmlands, or impacts from incompatible land uses)? e) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? • Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact —X —X Comments: The proposed use for the subject property (riding and boarding stables and a commercial feed store) may conflict with existing agricultural uses if the project is fully developed including the commercial feed store operation. Because the applicant is unsure how intensive the proposal may become (i.e. types of horse -related activities such as shows, training, competitive riding etc. and the area demand for a local feed store), it appears prudent to limit the number of horses allowed on the site at this time in addition to denying the commercial feed store operation. The full ranges of equestrian facilities and activities could significantly increase the impact on the surrounding neighborhood including traffic and noise related impacts. Mitigation 3: Limit the number of horses to be kept on the project site as part of the boarding request to 30 horses. 2. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? X b) Induce substantial growth in an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? X c) Displace existing housing, especially affordable housing? X Comment: There are no housing units associated with the project and no cause and effect relationship between the horse riding and boarding facilities and human population increase. The proposed project will not have a direct or indirect growth inducing effect. ■ Butte County Department of Development Services ■ Planning Division ■ 5 • Project: UP 98-20 Mitigation: None required. • Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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? Comments: All of Butte County is in a Moderate Earthquake Intensity Zone Vlll. The property is located in an area of relatively low seismic activity. No active faults are located on the property. The closest active fault to the subject site is the Cleveland Hills fault located approximately 15 miles east of the property. Potentially active faults are located southeast (near the Sierra Foothills) and southwest (Dunnigan and Willows areas). The likelihood of an earthquake from these currently inactive faults is extremely low. Ground shaking potential from seismic activity in the Butte County is difficult to predict as there is not sufficient geologic and seismic data available. (BCMEA) The degree of ground shaking greatly varies and depends on the magnitude of the earthquake and geology. A Modified Mercalli intensity between VI and VII for seismic activity is expected for the majority of land within Butte County. Liquefaction is generally associated with areas where the groundwater is less than 30 feet from the surface and soils are characterized as poorly consolidated fine to medium sand. The subject site has a generally moderate liquefaction potential. The proposed project does not increase the liquefaction potential. No large bodies of water are located on the subject site; therefore, the occurrence for seiche (periodic oscillation of a lake, river, bay, etc. from seismic activity) is not possible. Mitigation: None required. d) Landslides or mudslides? X e) Erosion, changes in topography or unstable soil conditions from excavation, grading or fill? X Comments: Landslide or mudslide potential is not associated with valley agricultural lands. Erosion potential is none to minimal for the subject property. No significant excavation, grading or fill is proposed for the project site. Mitigation: None required. ■ Butte County Department of Development Services ■ Planning Division ■ M. Project: UP 98-20 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 X X Comments: Subsidence potential in Butte County is associated with heavy ground water withdrawal. According to the BCMEA, the subject site is not associated with either heavy ground water withdrawal or subsidence potential. The subject site does not contain expansive soils. There are no unique geologic or physical features associated with the project site. 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? Comment: The addition of structures on the site (stables) and parking areas has the potential to increase storm water runoff. See Mitigation 2 above. Mitigation: None required. b) Exposure of people or property to water related hazards such as flooding? Comment: The BCMEA notes that the subject property is outside the 500 -year flood plain. No flooding incidents have been recorded for the project site. Mitigation: None required. c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? Comment: Surface water quality is managed by local agencies in accordance with state standards. The County of Butte has adopted standards for specific areas of the county which require close monitoring of surface and ground water quality. No impacts to surfaces waters are associated with the proposed project site. Mitigation: None required. d) Changes in the amount of surface ■ Butte County Department of Development Services ■ Planning Division ■ 7 Project: UP 98-20 Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact water in any water body? e) Changes in currents, or the course or direction of water movements? Comment: The project site does not contain any water bodies. Mitigation: None required. f) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavation? g) Altered direction or rate of flow of groundwater? h) Impacts to groundwater quality? 5 Comment: No change in the quality, direction or rate of ground waters is expected to occur. The project site is not associated with a groundwater recharge area. (BCMEA) Mitigation: None required. 5. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? Comment: Limited construction on the project site including the preparation of areas for on-site parking and loading could result in the release of tine particles of dust. Fugitive PM,o dust would be generated primarily by site preparation. This short term impact is considered less than significant because standard construction measures, including controlling fugitive dust at all times will be required as a condition of the use permit. As a condition of approval, parking areas must have a minimum 2" class 11 aggregate base surface to reduce the dust potential. Mitigation: None required. b) Expose sensitive receptors to pollutants? X_ c) Alter air movement, moisture, or temperature, or cause any change in climate? X ■ Butte County Department of Development Services 0 Planning Division ■ Project: UP 98-20 Potentially Significant Impact d) Create objectionable odors? L-1 Significant Less Unless Than Mitigation Significant Incorporated Impact No Impact Comment: There are no pollutants associated with the proposed project. The location of the stables is not in direct proximity to existing residential use; however, manure odor could create an impact on the few neighboring residences if not collected, stored and disposed properly. The County of Butte has adopted health standards for the keeping of animals which the project proponent must adhere. Mitigation 4: The collection, storage and disposal of manure shall be performed weekly. The site shall be maintained in a clean and sanitary manner. The applicant shall comply with all regulations of the Butte County Environmental Health Department regarding livestock keeping. 6. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? X Comment. The project if approved, would result in an incremental traffic increase in the area. It is estimated that additional traffic generation could range from an increase of 8 ADT (average daily trips) to 80 ADT (worst case scenario) depending on the type or level of activity. Limiting the number of horses boarded on-site to a maximum of 30 will reduce the worst case scenario to approximately 60 ADT. (Additional traffic generated with the feed store has not be calculated.) Mitigation: Reduce the number of horse boarded (Mitigation 3). b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? Comment. The Butte County Department of Public Works will require adjacent improvement to Smith Avenue for the proposed project including encroachment permits for new and existing access from Smith Avenue. Mitigation: None is required. c) Inadequate emergency access or access to nearby uses X d) Insufficient parking capacity onsite/ offsite? e) Hazards or barriers for pedestrians or bicyclists? ■ Butte County Department of Development Services ■ Planning Division ■ N Project: UP 98-20 Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? X g) Rail, waterborne or air traffic impacts? X h) Substantial impact upon existing transportation systems, including public transportation services? _X Comments: The project is not associated with inadequate emergency access or access to nearby uses. Approval of the use permit will require compliance with the County's parking requirements as a standard of approval. No impacts to bicyclists, bus, rail, waterborne or air traffic are anticipated as a result of this project. Mitigation: None is 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 Comment: The project site has no endangered, threatened or rare species. Mitigation: None required. b) Locally designated species (e.g. heritage trees)? _X Comment: There are no locally designated species or heritage" species within Butte County. Mitigation: None required. c) Locally designated natural communities (e.g. oak forest, etc.)? X Comment: The project site is residentially -developed land with pasture areas. It does not contain designated natural communities. Mitigation: None required. ■ Butte County Department of Development Services ■ Planning Division ■ 10 Project: UP 98-20 Comments: The project does not conflict with adopted energy conservation plans nor is it associated with non-renewable natural resources or mineral extractions. Mitigation: None required 9. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals, or radiation) b) The creation of any health hazard or potential health hazard? X ■ Butte County Department of Development Services ■ Planning Division ■ 11 Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact d) Wetland habitat (e.g. marsh, riparian and vernal pool)? X Comment: There are no wetland habitats associated with the project site. Mitigation: None required. e) Wildlife dispersal or migration corridors? X Comment: No wildlife is associated with the project site. The site is not within a known migration corridor. 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 Comments: The project does not conflict with adopted energy conservation plans nor is it associated with non-renewable natural resources or mineral extractions. Mitigation: None required 9. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals, or radiation) b) The creation of any health hazard or potential health hazard? X ■ Butte County Department of Development Services ■ Planning Division ■ 11 Project: UP 98-20 Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact c) Exposure of people to existing sources of potential health hazards? Comment: No hazardous substances are associated with the proposed project. Maintenance of the animal stables and associated facilities related to the horses shall be in compliance with County health and safety standards. Mitigation: None required. d) Possible interference with an emergency response plan or emergency evacuation plan? Comment: The project will not interfere with any emergency response or evacuation plans. Mitigation: None required. e) Increased fire hazard in areas with flammable brush, grass, or trees? Comment: The project will not result in increased fire hazards. Mitigation: None required. 10. NOISE. Would the proposal result in: a) Increases in existing noise levels? b) Exposure of people to severe noise levels? Comment: The ambient noise levels in the general vicinity may increase with the occurrence of equestrian -related activities such as horse shows, competition and training programs. Mitigation 5: The operation of horse shows, competitive events, training and other such group activities shall be limited to no more than 35 participantslattendees. These types of activities shall be conducted no earlier than 8:00 a.m. or later than 9:00 p.m. Voice amplification systems shall be limited to the arena area and shall not exceed 65 db at all adjoining property lines. Any initial construction activities shall be limited to the hours of 8:00 a.m. and 5:00 p.m. 11. PUBLIC SERVICES. Would the proposal have an effect upon. or result in a need for new or altered government services On any of the following . a) Fire protection? X ■ Butte County Department of Development Services ■ Planning Division ■ 12 Project: UP 98-20 Significant Potentially Unless Significant Mitigation Impact Incorporated b) Police protection? c) Schools? Less Than Significant No Impact Impact Comments: The project does not involve residential use or population increase and therefore, does not impact services and facilities. Mitigation: None required. d) Maintenance of public facilities, including roads? e) Other governmental services? Comments: New development will be responsible for the provision and maintenance of on-site improvements and access to the public road. The Butte County Department of Public Works will determine if road improvements are necessary for the development of this project. Mitigation: None required. . •.• �--. • a -u • a) Power or natural gas? X b) Communications systems? X c) Local or regional water treatment or distribution facilities? X Comments: This project will not generate the need for significant service or utility demands. Mitigation: None required. d) Sewer or septic tanks? Comment: Conversion of the existing storage shed to a commercial feed store would require compliance with the Uniform Building Code including the provision of bathroom facilities with state handicapped accessibility standards. New sanitary waste facilities (septic tank and leach fields) may be required. If required, these facilities would be reviewed and permitted through the Butte County Environmental Health Department. Mitigation: None required. ■ Butte County Department of Development Services ■ Planning Division ■ 13 Project: UP 98-20 Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact e) Storm water drainage? X Comment: See Mitigation 2. Mitigation: None required. f) Solid waste disposal? X Comment: The proposed project will not significantly effect solid waste disposal. Mitigation: None required. g) Special Districts? X Comment: The proposed project will not have an impact on Special Districts. Mitigation: None required. 13. AESTHETICS. Would the proposal: a) Affect a scenic vista or designated scenic highway? X Comment: There are no designated scenic vistas or highways associated with the project site. Mitigation: None required. b) Have a demonstrable negative aesthetic effect? Comment: Agricultural uses including livestock keeping is currently found in the general vicinity of the project. Proposed new structures such as the stables, arena and corrals are aesthetically consistent with buildings and structures associated with agricultural -residential uses in the area. Mitigation: None required c) Create Fight or glare? Comment: The proposal may include lighting the arena area for horse showsAraining etc. This type of lighting could be impact neighboring residents if not mitigated. Mitigation 6: All new exterior lighting associated with the horse stables and boarding (and the commercial feed store if approved) shall be shielded and directed downwards so that it does not spill off-site onto adjacent properties. 14. CULTURAL RESOURCES. Would the proposal: ■ Butte County Department of Development Services ■ Planning Divisions,' 14 Project: UP 98-20 Significant Potentially Unless Significant Mitigation Impact Incorporated 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? Less Than Significant No Impact Impact Comment: There are no know historic, archaeological or paleontological resources associated with the project site. The proposed project would not affect any unique ethnic or cultural values. e) Restrict existing religious or sacred ' uses within the potential impact area? _X_ Comment: There are no existing religious or sacred uses conducted on or near the project site. Mitigation: None required. 15. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreation facilities? X b) Affect existing recreational opportunities? X Comments: The project will not increase demand for neighborhood or regional parks or other existing or future recreational facilities; however, the project may provide new recreational opportunities. Mitigation: None required. 0 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 ■ Butte County Department of Development Services ■ Planning Division ■ 15 • Project: UP 98-20 Potentially Significant Impact .endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? • Significant Less Unless Than Mitigation Significant Incorporated Impact No Impact Comment: As previously noted, the project will not impact the habitat of any species of animal or plant or eliminate any historical or prehistorical resources. b) Does the project have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals? Comment: The project will not result in any short-term benefits at the expense of impacting long-term environmental goals. c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects). X Comment: There are no significant impacts which cannot "be mitigated or cumulative impacts associated with the project. d) Does the project have environmental effects which will cause substantial adverse effects on human being, either directly or indirectly? Comment: The project will not result in environmental effects which will result in direct or indirect adverse impacts to human beings. V. MITIGATION MEASURES AND MONITORING REQUIREMENTS: Mitigation I: Deny the request for a commercial feed store. If the applicant wishes to pursue revision of the current zoning regulation to allow a commercial feed store and/or an amendment to the General Plan policies regarding limiting non-agricultural uses, further environmental assessment will be required to analyze potential impacts to the preservation of agricultural resources. ■ Butte County Department of Development Services ■ Planning Division ■ 16 0 Project: UP 98-20 Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact Monitoring Program: No monitoring program is necessary for this mitigation if adopted. Subsequent environmental review would be conducted for the zoning and/or general plan amendment. Mitigation 2: Provide drainage studies as required by Reclamation District No. 833 and install improvements if necessary to ensure that there are no increases in peak drainage flows into the existing drainage facility. Monitoring Program: The applicant shall contact Reclamation District No. 833 for resolution of the on-site drainage improvements if necessary. The applicant shall provide the Butte County Development Services Department verification that the District concerns regarding on-site drainage have been satisfied. Mitigation 3: Limit the number of horses to be kept on the project site as part of the boarding request to 30 horses. Monitoring Program: The Department of Development Services Planning staff shall be responsible for field verifying the number of horses on-site on an annual basis. The applicant shall contact the Department if he/she wishes to increase the number of horses to 40 prior to accepting additional horses. On-going monitoring will be conducted by Planning staff when appropriate. Mitigation 4: The collection, storage and disposal of manure shall be performed weekly. The site shall be maintained in a clean and sanitary manner. The applicant shall comply with all regulations of the Butte County Environmental Health Department regarding livestock keeping. Monitoring Program: The Department of Development Services Planning staff shall be responsible for field verifying the condition of the project six months after use permit approval. The Department will review the site on an annual basis and will respond to complaint as necessary. Mitigation 5: The operation of horse shows, competitive events, training and other such group activities shall be limited to no more than 35 participants/attendees. These types of activities shall be conducted no earlier than 8:00 a.m. or later than 9:00 p.m. Voice amplification systems shall be limited to the arena area and shall not exceed 65 db at all adjoining property lines. Any initial construction activities shall be limited to the hours of 8:00 a.m. and 5:00 p.m. Monitoring Program: By signing the conditions of approval for the use permit, the applicant is bound by the environmental mitigations, and therefore, will be responsible for monitoring the events held on the site to ensure time restrictions and maximum noise levels are maintained as approved. The Planning staff will respond to ■ Butte County Department of Development Services ■ Planning Division ■ 17 Project: UP 98-20 0 Significant Potentially Unless Significant Mitigation Impact Incorporated Less Than Significant No Impact Impact complaints as necessary. Mitigation 6: All new exterior lighting associated with the horse .stables and boarding (and the commercial feed store if approved) shall be shielded and directed downwards so that it does not spill off-site onto adjacent properties. The Planning staff will verify that the new outdoor lighting meets the above criteria as part of the final building . permit approval. Specifications for the lighting may be noted on project plans for review and approval by the staff. ■ Butte County Department of Development Services ■ Planning Division ■ 18 Project: UP 98-20 A. 1. Type of Project: Use Permit 2. Proposed Density of Development: Not a residential project. 3. Amount of Impervious Surfacing: Unknown at this time. 4. Access and Nearest Public Road(s): Smith Avenue and Rio Bonita Road 5. Method of Sewage Disposal: Individual septic systems. 6. Source of Water Supply: Individual wells. 7. Proximity of Power Lines: To property. 8. Potential for further land divisions and development: Possible homesite segregation; however, none know at this time. 1. Terrain a General Topographic Character: flat, agricultural land currently without irrigation. Dry pasture land. b. Slopes: 0 -minimal c. Elevation: 120 feet above sea level. d. Limiting Factors: none 2. Soils a. Types and Characteristics: Class II b. Limiting Factors: No limiting factors known 3. Natural Hazards of the Land a. Earthquake Zone: Moderate Earthquake Intensity Zone VIII b. Erosion Potential: Very low c. Landslide Potential: Low d. Fire Hazard: Low to Moderate e. Expansive Soil Potential: Low 4. Hydrology a. Surface Water: Drainage ditch (Reclamation District No. 833 b. Ground Water: Characteristically 6-10 feet below surface c. Drainage Characteristics: Well -drained soil d. Annual Rainfall (normal): 26 inches per year. e. Limiting Factors: None 5. Visual/Scenic Quality: Good. 6. Acoustic Quality: Good. 7. Air Quality: Good, except when stagnant air conditions persist in the valley or agricultural burning takes place 8. Vegetation: No significant vegetation - dry pasture land 9. Wildlife Habitat: Small birds and mammals common to valley grasslands and agricultural production 10. Archaeological and Historical Resources in the area: Low'Sensitivity area. ■ Butte County Department of Development Services ■ Planning Division ■ 19 Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact 1. Type of Project: Use Permit 2. Proposed Density of Development: Not a residential project. 3. Amount of Impervious Surfacing: Unknown at this time. 4. Access and Nearest Public Road(s): Smith Avenue and Rio Bonita Road 5. Method of Sewage Disposal: Individual septic systems. 6. Source of Water Supply: Individual wells. 7. Proximity of Power Lines: To property. 8. Potential for further land divisions and development: Possible homesite segregation; however, none know at this time. 1. Terrain a General Topographic Character: flat, agricultural land currently without irrigation. Dry pasture land. b. Slopes: 0 -minimal c. Elevation: 120 feet above sea level. d. Limiting Factors: none 2. Soils a. Types and Characteristics: Class II b. Limiting Factors: No limiting factors known 3. Natural Hazards of the Land a. Earthquake Zone: Moderate Earthquake Intensity Zone VIII b. Erosion Potential: Very low c. Landslide Potential: Low d. Fire Hazard: Low to Moderate e. Expansive Soil Potential: Low 4. Hydrology a. Surface Water: Drainage ditch (Reclamation District No. 833 b. Ground Water: Characteristically 6-10 feet below surface c. Drainage Characteristics: Well -drained soil d. Annual Rainfall (normal): 26 inches per year. e. Limiting Factors: None 5. Visual/Scenic Quality: Good. 6. Acoustic Quality: Good. 7. Air Quality: Good, except when stagnant air conditions persist in the valley or agricultural burning takes place 8. Vegetation: No significant vegetation - dry pasture land 9. Wildlife Habitat: Small birds and mammals common to valley grasslands and agricultural production 10. Archaeological and Historical Resources in the area: Low'Sensitivity area. ■ Butte County Department of Development Services ■ Planning Division ■ 19 Project: UP 98-20 • Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact o 11. Butte County General Plan designation: Orchard and Field Crops 12. .Existing Zoning: A-40 Agricultural, 40 acre minimum parcel size 13. Existing Land Use on-site: Home site, caretakers unit, accessory structures, horse pasture 14. Surrounding Area: a. Land Uses: Agricultural - orchard crops/residential use b. Zoning: A-40. c. Gen. Plan Designation: Orchard and Field Crops d. Parcel Sizes: Large 15. Character of Site and Area: Valley grasslands developed with agricultural and residential use 16. Nearest Urban Area: City of Biggs 17. Relevant Spheres of Influence: Just outside the northern boundary of the City of Biggs Sphere of Influence 18. Improvement Standards Urban Area: N/A 19. Fire Protection Service: a. Nearest County (State) Fire Station: Unknown b. Water Availability: Fire tankers only onsite wells. 20. Schools: Biggs Unified School District, Butte Community College District ENVIRONMENTAL REFERENCE MATERIAL 1. Butte County Planning Department. Master Environmental Assessment, Oroville, CA: J. Lawrence Mintier & Associates, et al. May 1996. 2. Butte County Planning Department. Butte County General Plan, Oroville, CA. Land Use Element (1979), Circulation Element (May 1984), Open Space Element (December 1976), Conservation Element (1971), Seismic Safety Element (1977), Noise Element (1977). 3. Butte County Planning Department. Butte County Zoning Ordinance. Oroville, CA. (Revised by Ord. 3176) ■ Butte County Department of Development Services ■ Planning Division ■ 20 USE PERMIT Butte County Board of Supervisors SEP 2 9 1998 DATE: (Certified Mail Rec.) 98-20 PERMIT NO. f AP 022-100-024 & 025 ASSESSOR'S PARCEL NOs. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Doug and Kari Wheeler is hereby granted a Use Permit in accordance with the application filed 2/17/98 to allow boarding and riding stables for 30 horses (not including the applicant's existing horses) as depicted in the site plan accompanying the application on 43 acres parcel zoned "A-40" Agricultural, 40 acre minimum located on the north side of Rio Bonita Road and west side of Smith Avenue, approximately 1000 feet west of State Highway 99. 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-62. 2. Unless otherwise provided for in a special condition to this use permit, all conditions must be completed by the Permittee within 24 months of the delivery of the countersigned permit to the Permittee. 3. If any use for which a use permit has been granted is not established within two years of the date of receipt of the countersigned permit by the'Permittee, the permit shall become null and void and reapplication. and a new p�mnit 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 Director of Development Services, the Director of Public Works, or the Director of Environmental Health, or designee, upon receipt of a substantiated written request by the applicant. Prior to .such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid, and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. Conditions. of Approval: 1. The applicant may increase the number of horses to be boarded on the property to a total of 30 horses by submitting existing and proposed site plans to the Planning Division for administrative review. Upon field verification and finding that the increase in the number of horses on the property would not result in. an adverse impact on the property or surrounding properties, the planning staff may authorized the additional horses. 2. Meet the requirements of the Butte County Public Works and Environmental Health Departments.' 3. The applicant shall provide an all weather access designed to accommodate a 40,000 pound fire apparatus with a minimum of 10 feet of width and 15 feet of vertical clearance. The applicant shall* comply with the Public Resources Code 4290 regarding addressing. 4. Provide adequate off-street parking area/spaces (a minimum of six (6) spaces) and sufficient turn -around area for trucks and horse trailers on-site. A minimum 2" Class H aggregate base surface shall be provide for parking areas. 5. The applicant shall comply with all environmental mitigations and other applicable state and local ordinances, statutes and regulations. 6. Provide drainage studies as required by Reclamation District No. 833 and install improvements if necessary to ensure that there are no increases in peak drainage flows into the existing drainage facility. (MM) 7. Limit the number of horses to be kept on -the project site as part of the Use Permit request to 30 horses. (MM) 8. The collection, storage and disposal of manure shall be performed weekly. The site shall be maintained in a clean and sanitary manner. The applicant shall comply with all regulations of the Butte County Environmental Health Department regarding sanitation requirements. (MM) 9. The operation of horse.shows, competitive events, training and other such group activities shall -be limited to no more than 35 participants/attendees. These types of activities shall be conducted no earlier than 8:00 a.m. or later than 9:00 p.m. Voice amplification systems shall be limited to the arena area and shall not exceed 65.dB at all adjoining property lines. Any initial construction activities shall be limited to the hours of 8:00 a.m. and .5:00 p.m. (MM) 10. All new exterior lighting associated with the horse stables and boarding shall be shielded and directed downwards so that it does not spill off-site onto adjacent properties. (MM) I hereby declare under penalty of perjury that I have read the foregoing conditions, 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. 1 F d 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. r utte County Board of Supervisors Chairman CC: Land Development Division AUG 2-,5 1998 Building Division Health Department Department of Forestry Doug & Kari Wheeler - proposed Negative Declaration with mitigation measures regarding environmental impacts and Use Permit for a boarding stable for 40 horses'with a riding stable and a feed and tack store on property zoned A-40 (Agricultural - 40 acre parcels) located on the northwest comer of West Rio bonito Road and Smith Avenue, identified as. AP 022-100-024 and 025, Biggs. (PF) (UP98-20) t Commissioner Leland abstained from this hearing and stepped down from the dais. i Mr. Sanders gave a brief summary of the project. He said the applicant is requesting a feed store and tack shop for which staff is recommending denial. Staff is recommending approval of the boarding stable. He said there are two parcels of approximately 29 acres, but only 6 acres is being used for this permit. He said he is concerned with the amount of traffic the horse show events will generate. He said staff is asking that the number of horses to be boarded be limited to 30. He said the tack shop is recommended for denial as there is no provision in this zone for a commercial use. Chairman Lambert asked if this proposal was on two parcels? Mr. Sanders said there are 5 underlying lots with two parcel numbers. He said the project proposes to use the Smith Road frontage of each of the 5 underlying lots. The hearing was opened to the public. Kari Wheeler said she would like to take the tack store out of the description. She said they will only carry accessory tack for borders. She said they would like to have the feed store available to the neighbors and 4-H clubs to buy feed if they need' to. She submitted a petition signed by her neighbors in favor of this project. She said there is no feed store in the Gridley area. She said the traffic will be low because the entrance will be at the beginning of Smith Avenue. She said she owns 4 horses and is going to buy one more. She said different clubs and organizations will want to use this arena. She said there could be up to 50 people at an event. She also wanted to be able to use the arena at night after 5 p.m. for roping. She said they have owned two of the 5 underlying lots for 5 years and have just recently purchased the other three. Commissioner Mooney was concerned with dust. Ms. Wheeler said this will be a sand arena and they will control the dust. Commissioner Nelson asked staff where do they break from retail to commercial. He said this project does not sound like a commercial operation. He said it sounds accessory to the proposed use. Mr. Sanders said there is no problem with selling what they grow. The problem is selling feed not grown on-site to the general public. Mr. Leland, representing the Dos Rio Land Co., said that Malva Bayless, owner, has no problem with this project. He said the nearest neighbor and owners of the prune orchard are Ms. Bayless. He said the Wheelers have been good neighbors. He said there will be limited sales to products used for accessory to the project. The hearing was closed. ■ BUTTE COUNTY PLANNING COMMISSION MINUTES 0 JUNE 25,1998 ■ Chairman Lambert said she has a hard time seeing this project as anything more than a commercial use and could not recommend it in an ag. zone. She said'if this is approved, they need to narrow the times and events allowed. She said she is not in favor of this proposal and would have to vote against it. Commissioner Nelson said the proposal is more appropriate for this type of area than most. He said he has no problem approving this permit. He said the tack sales and fee_ d barn could be considered accessory uses to.the-stable. - Mr. Sanders asked that mitigation measures 2-6 be made conditions of this permit if it is approved. He said they could add a condition that the feed barn be accessory to and/or complimentary to the riding facility. Items sold limited to those that would be used by the operation. He said they might want to limit the size of the structure with no off-site advertising sign allowed. Commissioner Mooney said he liked Mitigation Measure #1. He said he was in favor of this proposal as the staff report is written. He said if the applicants want a feed store, they should apply for a Use Permit for one. It was moved by Commissioner Nelson, seconded by Commissioner Cage, and carried to approve the Use Permit subject to the findings and conditions in the Agenda Report dated May 17, 1998, adding Mitigation Measures 2-6 to the conditions, correct the Section # on #1 of the first page of the Use Permit, and change the wording on #2, and deny the request for a tack shop, as follows: Section 1: Environmental Findings. A. An Initial Study was completed in compliance with the California Environmental Quality Act identifying potentially significant environmental effects that the project may have. Provisions and the design of the project and the conditions (and mitigations) added to the project will mitigate such effect to a level of insignificance; and B. The design and the improvements for the proposed project will not cause environmental damage to fish or 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 Mitigated Negative Declaration prior to making its decision on the project, and the Mitigated Declaration reflects the independent judgement of the County, of Butte; and Section 2: Zoning Ordinance Findings. A. The proposed use will not impair the integrity and character of the zone in which the land lies, and that the use would not be unreasonably incompatible with, or injurious to, surrounding property, or be detrimental to the health and general welfare of the persons residing or working in the neighborhood or to the general health, safety, and welfare of the residents of the County; and B. The proposed project is a Secondary Use under the Orchard and Field Crops General Plan designation and is conditionally consistent with the A-40 Agricultural Zoning District. ■ BUTTE COUNTY PLANNING COMMISSION 0 MINUTES ■ JUNE 25, 1998 ■ 1 C. The request for a feed,and tack store cannot be granted as commercial stores are not allowed in the A-40 zoning district pursuant to Chapter 24, Comprehensive Zoning Ordinance of the Butte County Code. j Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this report, move to approve the Use Permit for Doug and Kari Wheeler on APNs 022-100-024 & 025 to allow the boarding'and riding stables for 30 horses (not including the applicant's existing horses) as depicted in the site plan accompanying the application on 43 acres parcel zoned "A-40" Agricultural, 40 acre minimum located on the north side of Rio Bonito Road and west side of Smith Avenue, approximately 1000 feet west of State Highway 99. 1 Conditions of Approval: The applicant may increase the number of horses to be boarded on the property to a total of �0 horses by submitting existing and proposed site plans to the Planning Division for administrative review. Upon field verification and finding that the increase in the number of horses on the property would not result in an adverse impact on the property or surrounding properties, the planning staff may authorized the additional horses. . 2. Meet the requirements of the Butte County Public Works and Environmental Health Departments. 3. The applicant shall provide an all weather access designed to accommodate. a 40,000 pound fire apparatus with a minimum of 10 feet of width and 15 feet of vertical clearance. The applicant shall comply with the Public Resources Code 4290 regarding addressing. 4. Provide- adequate off-street parking area/spaces (a minimum of six (6) spaces) and sufficient tum - around area for trucks and horse trailers on-site. A minimum 2" Class II aggregate base surface shall be provide for parking areas. 5. The applicant shall comply with all environmental mitigations and other applicable state and local ordinances, statutes and regulations. 6. Provide drainage studies as required by Reclamation District No. 833 and install improvements if necessary to ensure that there are no increases in peak drainage flows into the existing drainage facility. (MM) 7. Limit the number of horses to be kept on the project site as part of the Use Permit request to 30 horses. (MM) 8. The collection, storage and disposal of manure shall be performed weekly. The site shall be maintained in a clean and sanitary manner. The applicant shall comply with all regulations of the Butte County Environmental Health Department regarding sanitation requirements. (MM) 9. The operation of horse shows, competitive events, training and other such group activities shall be limited to no more than 35 participants/attendees. These types of activities shall be conducted no earlier than 8:00 a.m. or later than 9:00 p.m. Voice amplification systems shall be limited to t ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES 0 JUNE 25, 1998 ■ ~�'�'1""' the arena area and shall not exceed 65 db at all adjoining property lines. Any initial construction activities shall be limited to the hours of 8:00 a.m. and 5:00 p.m. (MM) 10. All new exterior lighting associated with the horse stables and boarding shall be shielded and directed downwards so that it does not spill off-site onto adjacent properties. -(MM) AYES: Commissioners Cage, Nelson, and Mooney NOES: Chairman Lambert ABSENT: Noone ABSTAINED: Commissioner Leland -- ■BUTTE COUNTY PLANNING COMMISSION ■MINUTES ■ JUNE 25, 1998 ■ . AGENDA REPORT TO: Honorable Chair and Planning Commission FROM: Department of Development Services DATE: May'17, 1998 REQUEST: Use Permit 98-20 Doug and Kari Wheeler (applicants and owners) on APN 022-100-025 &026: A request for a Use Permit to allow boarding and riding stables for 40 horses and a feed and tack store on property zoned A-40 (Agricultural -40 acre parcel minimum) located on the northwest corner of West Rio Bonito Road and Smith Avenue, approximately 1000 feet west of State Highway 99, Biggs. The project site is located within Supervisorial District #4. RELATED ITEMS: None FOR: Planning Commission Meeting of June 25, 1998 SUMMARY: Staff recommends approval of the request for boarding and riding stable for up to 30 horses (not including the applicant's existing horses) subject to the required findings and conditions of approval, and denial of the request for a feed and tack store finding that commercial stores are not allowed in the A- 40 zoning district pursuant to Chapter 24, Comprehensive Zoning Ordinance of the Butte County Code. The portion of the project which proposes the boarding and riding stables is consistent with the General Plan designation of Orchard and Field Crops which notes animal husbandry and pasturing are secondary uses for this land use designation and is also consistent with the Agricultural Element of the General Plan. Boarding and/or riding stables are permitted in the zoning district with a Use Permit and subject to the Animal Maintenance requirement of the Butte County Zoning Ordinance (Section 24-255). 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-3 (Agricultural Zones - A-40) which indicates that boarding and riding stable require a conditional Use Permit; and ■ Butte County Department of Development Services - Planning Division ■ PROJECT CHARACTERISTICS: This project is a request to allow boarding and riding stables for 40 horses and a feed and tack store on property zoned A-40 (Agricultural -40 acre parcel minimum) located on the north side of West Rio Bonito Road adjacent to the west side of Smith Avenue. The project is proposed to occupy approximately 6.7 acres located on portions of two parcels that total 29 acres. The horse boarding and feed store operation will front Smith Avenue which is a paved road, approximately 12-15 feet in width. The southern portion of the property adjacent to West Rio Bonita Road currently contains a 1500 square foot older home with several accessory structures, (including, but not limited to, a 800 square foot caretakers house and 600 square foot shop), all in deteriorated condition. The applicant's home and accessory buildings are located on the a separate parcel immediately north of the project site. Neighboring residences are located directly east of the applicant's homesite and further north on Smith Avenue. Dry pastures which are bisected south to north by an irrigation ditch, are located on the balance of the two parcels. According to the applicant, the property cannot be irrigated. A drainage ditch (Reclamation District 833) is located approximately 200 feet west and parallel of Smith Avenue. No flooding has occurred on the property. Surrounding uses are agricultural residential with prune orchards south and east of the project site. Horses are currently kept on the subject property and in the surrounding neighborhood. The applicant proposes to build portable horse stalls as needed to eventually accommodate up to 40 horses on the project site. The stalls would be 10' x 10' in size for a total of 4000 square feet of buildings. Proposed accessory uses would include a 250'x 150' riding arena, two corrals, a graveled parking area with a connecting access drive to a truck and trailer parking area near the proposed stalls. The applicant proposes to install six stalls preliminarily and anticipates the boarding of 20 horses by the year 2001. (Please see the attached existing and proposed site plans.) Horse riding activities including training, shows and competition may also occur. Additionally, the applicant is requesting to operate a feed and tack store in the existing shop on the property. In accordance with the zoning ordinance, there are no area requirements for the keeping of livestock on properties five acres or larger within zoning districts which allow livestock as a permitted right. Described below are the project and surrounding zoning, general plan land use designation and the existing land uses. Project: A-40 Orchard and Field Crops North: A-40 Orchard and Field Crops South: A-40 Orchard and Field Crops East: A-40 Orchard and Field Crops Ag -Residential and pasture Ag -Residential (Orchard beyond) Orchard -prunes Ag -Residential and Orchard -prunes ■ Butte County Department of Development Services - Planning Division ■ 2 West: A-40 Orchard and Field Crops Vacant, Orchard and pasture (Further west is Agricultural Residential land use and A -S Zoning) ANALYSIS: This project is conditionally consistent with the "A-40" Agricultural zoning district which allows animal boarding and riding stables with a Use Permit and the General Plan designation "Orchard and Field Crops" which allows livestock keeping. However, the zoning district does not provide for commercial uses, specifically the request for the operation of a feed store. An amendment to the zoning ordinance to allow commercial uses either as a permitted use or as a use allowed with a Use Permit is necessary in order to consider the applicant's request to operate a commercial feed store. The applicant may, however, store and provide tack and feed for the horses that are boarded on-site as part of the Use Permit approval. It appears that the Use Permit request for the boarding and riding stables would not impact surrounding uses which are primarily agricultural in nature and include the keeping of livestock. However, the improvements proposed for the boarding, training and exercising of the horses, and the associated access and parking areas proposed on the easterly 6.7 acres of the property may be inadequate for the ultimate number of horses proposed (40). Additionally, traffic generation for related equestrian activities such as shows, training and similar events for up to 40 horses, could impact Smith Avenue. The applicant has noted that the total number of horses to be accommodated will depend on the need for such a sized facility in the future. Staff would recommend Use Permit approval for a total of 30 horses (not including the applicant's existing horses) at this time and allow the applicant to request a modification of the Use Permit at a future date to accommodate more horses if necessary. Policies within Agricultural Element of the General Plan direct careful consideration of uses other than agricultural production on the agriculturally designated properties. "In order to preserve the maximum amount of land for commercial agricultural production and to avoid conflicts, restrict non-agricultural uses in the Zoning Ordinance, including, but not limited to, water ski lakes, riding stables, golf courses, residential subdivisions, and industrial and commercial uses not directly related to agriculture on agricultural lands. Public uses, including, but not limited to, sewer treatment plants, drainage facilities, and energy generating facilities shall be permitted subject to a Use Permit". Such facilities shall be carefully located so as not to unduly interfere with existing or planned agricultural activities." (Agricultural Element, page AE -13) The existing site is located on the fringe of the City of Biggs. As discussed above, the area is a mixture of pasture land more intensive agricultural uses. Some orchards exist in the area, however they are not in immediate, proximity to the stables and riding arena. The use of the site for riding should not interfere with any current agricultural practices on surrounding parcels given the existing buffer distances. As noted above, the use of agriculturally zoned land for "riding stables" requires careful consideration. A determination that a commercial feed store is a permitted or accessory use on agriculturally zoned properties, may have a county wide impact and should be considered through the General Plan and zoning code amendment process. ■ Butte County Department of Development Services - Planning Division ■ io Reclamation District No. 833 has noted (in an adopted Resolution of the Board of Trustees) that "increases in peak storm drainage flows as a result of the increases in non -permeable surfaces such as streets, driveways, patios and rooftops" impact their drainage facilities. The District requests drainage studies be conducted for proposed projects to ensure that historic peak flows are not increased due to the development. If peak flows will be exceeded, then improvements must be made to the holding capacity of the facilities. (It should be noted that the District may not determine that the proposed project represents "urban development." An environmental mitigation has been included in the project's initial study which provides for the applicant to contact the District regarding stormwater run-off for the proposed project.) The Public Works Department will require encroachment permits for the construction of all new or existing driveway approaches and a dedication of 30 feet of right-of-way from the centerline of Smith Avenue for this project. The Environmental Health Department has noted that bathroom facilities for employees and/or horse owners/riders is required. Additionally, a sewage disposal system may be required and a water permit if drinking water is provided for riders. The Fire Department will require building identification/addressing in conformance with the Public Resources Code 4290 be posted at the beginning of building construction and maintained thereafter and the provision of an all weather access to all structures, designed to carry a 40,000 pound fire apparatus at least 10 feet wide with a 15 foot vertical clearance. ENVIRONMENTAL DOCUMENTATION: An environmental initial study has been conducted for this project and a mitigated negative declaration of environmental impact has been recommended pursuant to the California Environmental Quality Act. The following mitigations have been identified: Mitigation I: Deny the request for a commercial feed store. If the applicant wishes to pursue revision of the current zoning regulation to allow a commercial feed store and/or an amendment to the General Plan policies regarding limiting non-agricultural use, further environmental assessment will be required to analyze potential impacts to the preservation of agricultural resources. Mitigation 2: Provide drainage studies as required by Reclamation District No. 833 and install improvements if necessary to ensure that there are no increases in peak drainage flows into the existing drainage facility. Mitigation 3: Limit the number of horses to be kept on the project site as part of the Use Permit request to 30 horses. ■ Butte County Department of Development Services - Planning Division ■ 4 Mitigation 4: The collection, "storage and disposal of manure shall be performed weekly. The site shall be maintained in a clean and sanitary manner. The applicant shall comply with all regulations of the Butte County Environmental Health Department regarding sanitation requirements. Mitigation 5: The operation of horse shows, competitive events, training and other such group activities shall be limited to no more than 35 participants/attendees. These types of activities shall be conducted no earlier than 8:00 a.m. or later than 9:00 p.m. Voice amplification systems shall be limited to the arena area and shall not exceed 65 db at all adjoining property lines. Any initial construction activities shall be limited to the hours of 8:00 a.m. and 5:60 p.m. Mitigation 6: All new exterior lighting associated with the horse stables and boarding (and the commercial feed store if approved) shall be shielded and directed downwards so that it does not spill off-site onto adjacent properties. RECOMMENDATION: Staff recommends the Planning Commission approve the application for a boarding and riding stable application for up to 30 horses (not including the applicant's existing horses) on APN 022-100-024 & 025 subject to the required findings and conditions of approval, and deny the request for a feed and tack store finding that commercial stores are not allowed in the A-40 zoning district pursuant to Chapter 24, Comprehensive Zoning Ordinance of the Butte County Code. FINDINGS: Section 1: Environmental Findings. A. An Initial Study was completed in compliance with the California Environmental Quality Act identifying potentially -significant environmental effects that the project may have. Provisions and the design of the project and the conditions (and mitigations) added to the project will mitigate such effect to a level of insignificance; and B. The design and the improvements for the proposed project will not cause environmental damage to fish or 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 Mitigated Negative Declaration prior to making its decision on the project, and the Mitigated Declaration reflects the independent judgement of the County of Butte; and Section 2: Zoning Ordinance Findings. A. The proposed use will not impair the integrity and character of the zone in which the land lies, and that the use would not be unreasonably incompatible with, or injurious to, surrounding property, or be detrimental to the health and general welfare of the persons ■ Butte County Department of Development Services - Planning Division ■ 5 residing or working in the neighborhood or to the general health, safety, and welfare of the residents of the County; and B. The proposed project is a Secondary Use under the Orchard and Field Crops General Plan designation and is conditionally consistent with the A-40 Agricultural Zoning District. C. The request for a feed and tack store cannot be granted as commercial stores are not allowed in the A-40 zoning district pursuant to Chapter 24, Comprehensive Zoning Ordinance of the Butte County Code. Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this report, move to approve the Use Permit for Doug and Kari Wheeler on APNs 022-100-024 & 025 to allow the boarding and riding stables for 30 horses (not including the applicant's existing horses) as depicted in the site plan accompanying the application on 43 acres parcel zoned "A-40" Agricultural, 40 acre minimum located on the north side of Rio Bonita Road and west side of Smith Avenue, approximately 1000 feet west of State Highway 99. Attachments: A. Exhibit "A" Findings and Conditions of Approval B. Project and Surrounding Area C. Vicinity Map D. Site Plans - Existing and Proposed E. Initial Study F. Reclamation Dist. 833 comments ■ Butte County Department of Development Services - Planning Division ■ n EXHIBIT A USE PERMIT Butte County Planning Commission DATE: (Certified Mail Rec.) PERMIT NO. APN 022-100-024 & 025 ASSESSOR'S PARCEL NOs. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Doug and Kari Wheeler is hereby granted a Use Permit in accordance with the application filed 2/17/98 to allow boarding and riding stables for 30 horses (not including the applicant's existing horses) as depicted in the site plan accompanying the application on 43 acres parcel zoned "A-40" Agricultural, 40 acre minimum located on the north side of Rio Bonita Road and west side of Smith Avenue, approximately 1000 feet west of State Highway 99. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24- 62. 2. Unless otherwise provided for in a special condition to this use permit, all conditions must be completed by the Permittee within 24 months of the delivery of the countersigned permit to the Permittee. 3. If any use for which a use permit has been granted is not established within two years of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. 4. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. 5. Minor changes may be approved administratively by the Director of Development Services, the Director of Public Works, or the Director of Environmental Health, or designee, upon receipt of a substantiated written request by the applicant. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid, ■ Butte County Department of Development Services - Planning Division ■ 7 and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. Conditions of Approval: 1. The applicant may increase the number of horses to be boarded on the property to a total of 40 horses by submitting existing and proposed site plans to the Planning Division for administrative review. Upon field verification and finding that the increase in the number of horses on the property would not result in an adverse impact on the property or surrounding properties, the planning staff may authorized the additional horses. 2. Meet the requirements of the Butte County Public Works and Environmental Health Departments. The applicant shall provide an all weather access designed to accommodate a 40,000 pound fire apparatus with a minimum of 10 feet of width and 15 feet of vertical clearance. The applicant shall comply with the Public Resources Code 4290 regarding addressing. 4. Provide adequate off-street parking area/spaces (a minimum of six (6) spaces) and sufficient turn- around area for trucks and horse trailers on-site. A minimum 2" Class II aggregate base surface shall be provide for parking areas. The applicant shall comply with all environmental mitigations and other applicable state and local ordinances, statutes and regulations. I hereby declare under penalty of perjury that I have read the foregoing conditions, they are in fact . the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Dated: Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Butte County Planning Commission Chairman CC: Land Development Division Building Division Health Department Department of Forestry ■ Butte County Department of Development Services - Planning Division ■ 1.1 I. DEPART HENT OF DEVELOPN.-ENT SERVICES BUTTE COUNTY UNIFORM APPLICATION APPLICANT: Agent information to be pivivided is on other side: APPLICANT'S NAME ( If applicant is dila t from owner an affidavit is required) ASSESSOR'S PARCEL NUBER ADDRES CITY. STATE & ZIP CODE: FILE NLrMBER: (FOR OFFICE t SEi 3vi,5- op NAME r Pt /D PROJECT TELEPHONE �,- '0)NaO_ /-71 L ATION OF PROJECT ( Major cross .0 U and a.-ner ai W. Rin f)on4c 1drif any ) (5m i 4 h ALS RAI TWV()RMATION REOUIRED OWNER'S NAM If this application is for a land division. describe the number :,n,f TELEPHONE TELEPHONE (S ) 11 f' o QCLow-'a, a c-" Ci. ;\, .' wc- ADDRESS: CITY, STATE A ZIP CODE. 9tT -!' 61- ZONE GENERAL PLAN EXISTING LAND USE t c� Crc a Gm SITE SIZE t in Sq- F t or A.fea 1 (� �u (A cl � 0r ri p f, S r E S7L`G STRUC'IL'RES din Squue F«t) PROPOSED TRL CTLRES (in Square Feet t'jp{rtj �3 j�C.fGS, /'1�(JG i suv T! St/ aha - v -it o (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 IM PROPERTY IS OR PROPOSED TO BE ON WELL WATER O GENERAL PLAN AMENDMENT O REZONE to USE PERMIT O MINOR USE PERMIT ❑ VARIANCE ❑ MINOR VARIANCE ❑ ADMINISTRATIVE PERMIT O DEVELOPMENT AGREEMENT APPLICATION REQUESTED ❑ TENTATIVE SUBDIVISION MAI' O TENTATIVE PARCEL MAP ❑ WAIVER OF PARCEL MAP O BOUNDARY LME MODIFICATION ❑ LEGAL LOT DETERMINATION ❑ CERTIFICATE OF MERGER ❑ MINING AND RECLAMATION PLAN O OTHEK YKUJr.L I LJtZ1—r Lr 11Ur+ FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets If this application is for a land division. describe the number :,n,f size of parcels.) tn "kSVYJP an C e o QCLow-'a, a c-" Ci. ;\, .' wc- _h qb" -- t c� Crc a Gm i ax\A Planning Division UWNCK t,tKillt�.NittJtV I CERTIFY THAT 1 A.st PRESE'-TLY THE LEGAL OWNER OR THE AUTHOR2.ED AGENT OF THE OWNEK UF rHE AbU\At V)L113C9JB16 )•)Tk I,LK I% FURTHER, 1 A0LNO\%1EDGE THE FLAG OF THIS APPLICATION AND CERTIFY THAT ALL OF THE Abu' L L%FL K.%t:\ I Ica, 1] I'kt. l:'fio`lia ACCURATE. (If an agent u to be eutaonUA. eaacute an atlidevit of authoruauoo end tn.lude the affidavit with this aPPtiauuu . oroville, Cal DATE: SIGNATURE: AGENT AUTHORMATION To Butte County, Department of Development Services; P-inc Name of.4ent Mrd Ph=W Numb" NU&Ung Addmu is hereby authorized to proems this application for on my property, identified as Butte County Assessors Parcel dumber . This authorization allows representation for all applications, hearings, appeals, etc. and to sign all documents necessary for said processing, but not inc:uding document (s) relating to record title interest. Owner(s) of Record: (sign and print name) Priat N • "`► � .. .rte 1 x Architect and/or Engineer- P--4n& ngineer Print Mame of Arcd tec%/Lipaeer aad P9ooe dumber `/ailing A&ina FOR OFFICE USE ONLY Verify: Date received.24 ►�LAP Number Owners Authorization _,Project Description Taken by P� Receipt No �1423 Total amount received: A 1 O l N /A J.egal Description Zoning requirements t/ Copies of plot plan E.H. T25-• oo LD ►S_o_43 PlanLcao0 FDLA3.00 Payment of the currently required Application Fee and/or Deposit (Any unused portion of a deposit) will be returned upon final action. Current fee for this application is S Make check payable to "Butte County Treasurer". as of 1 Planning Division FEB 1 7 1999 Oroville, Calitorme I .._ fECLARATION OF FEES DUE (California Fish and Game Code Section 711x+•) NAME AND ADDRESS OF APPLICANT Doug & Kari Wheeler SEP j 01998 3415 Smith Ave. Biggs, CA 95917 CA Rt18S d:m� co. c�, (530) 868 1716 FILING NO. Q Deputy CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION () A. Statutorily or Categorically Exempt i $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). 116620 2. () NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Dave Doody .• •- •.iy DMartment of D- - •rw-• . -u Date:— ! 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. i • 0 CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FILING FEE EXEMPTION De Minimis Impact Finding I (Fish and Game Code Sec. 711.4; Section 753.5c, Title 14, California Code of Regulations) Project Title / Butte County Location: UP 98-20, on the northwest corner of West Rio Bonito Rd. and Smith Ave., Biggs Project Description: Use Permit for a boarding stable for 40 horses with a riding stable and a feed and tack store 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. Dave Doody, Principal Planner Lead Agenc County of Butte Date: v A ' NOTICE OF DETERMINATION TO: _ Office of Plan.& Research Dept. 1400 Tenth Street Sacramento, CA 95814 i 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: SUP 987.20',, Use Permit AP Number: 022-100-024 & 025 Applicant: Doug & Kari Wheeler, 3415 Smith Ave., Biggs, CA 95917` State Clearinghouse Number (If submitted to clearinghouse): Contact Person: Stephen Hackney Telephone Number: 538-7601 Project Location: on the northwest corner of West Rio Bonito Rd. and Smith Ave., Biggs Project Description: Use Permit for a boarding stable for 40 horses with a riding stable and a feed and tack store This is to advise that the Butte County Board of Supervisors has approved the above-described project on August 25, 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 C EQA. _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 1p� � &�t� Dave Doody Principal Planner j:\linda\noe.nod\nod.frm ; • Mitigation I: Deny the request for a commercial'feed store. If the applicant wishes to pursue revision of the current zoning regulation to allow a commercial feed store and/or an amendment to the General Plan policies regarding limiting non-agricultural use, further environmental assessment will be required to analyze potential impacts to the preservation of agricultural resources. Mitigation 2: Provide drainage studies as required by Reclamation District No. 833 and install improvements if necessary to ensure that there are no increases in peak drainage flows into the existing drainage facility. Mitigation 3: Limit the number of horses to be kept on the project site as part of the Use Permit request to 30 horses. --- Mitigation 4: The collection, storage and disposal of manure .shall be performed weekly. The site shall be maintained in a clean and sanitary manner. The applicant shall comply with all regulations of the Butte County Environmenial Health Department regarding sanitation requirements. Mitigation 5: The operation of horse shows, competitive events, training and other such group activities shall be limited to no more than 35 participants/attendees. These types of activities shall be conducted no earlier than 8:00 a.m. or later than 9:00 p.m. Voice amplification systems shall be limited to the arena area and shall not exceed 65 db at all adjoining property lines. Any initial construction activities shall be limited to the hours of 8:00 a.m. and 5:00 p.m. Mitigation 6: All new exterior lighting associated with the horse stables and boarding (and the commercial feed store if approved) shall be shielded and directed downwards so that it does not spill off-site onto adjacent properties. APPENDIX G L, 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. 022-100-024 & 025 2. DESCRIPTION OF PROJECT: Use Permit for a boarding stable for 30 horses with a riding stable 3. LOCATION OF PROJECT: on the northwest comer of West Rio Bonito Rd. and Smith Ave., Biggs 4. NAME AND ADDRESS OF PROJECT APPLICANT: Doug & Kari Wheeler, 3415 Smith Ave.,Biggs, CA 95917 5. MITIGATION MEASURES: See Attatched 6. A copy of the initial study regarding the environmental effect of this project is on file at 7 County Center Drive, Oroville. This study was: -X— 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 Board of Supervisors Date of Determination: August 25, 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: We find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION is hereby adopted. X We find that the project COULD have a significant effect on the environment, but will not in this case because of attached mitigation measures described in item 5 above, which are by this reference made conditions of project approval. A conditional NEGATIVE DECLARATION is hereby adopted. Fred C. avis, Chair ButteCoun a d ffoervisors Date:8 Mitigation I: Deny the request for a commercial feed store. If the applicant wishes to pursue revision of the current zoning regulation to allow a commercial feed store and/or an amendment to the General Plan policies regarding limiting non-agricultural use, further environmental assessment will be required to analyze potential impacts to the preservation of agricultural resources. Mitigation 2: Provide 'drainage studies as required by Reclamation District No. 833 and install improvements if necessary to ensure that there are no increases in peak drainage flows into the existing drainage facility. Mitigation 3: Limit the number of horses to be kept on the project site as part of the Use Permit request to 30 horses. Mitigation 4: The collection, storage and disposal of manure shall be performed weekly. The site shall be maintained in a clean and sanitary manner. The applicant shall comply with all regulations of the Butte County Environmental Health Department regarding sanitation requirements. Mitigation 5: The operation of horse shows, competitive events, training and other such group activities shall be limited to no more than 35 participants/attendees. These types of activities shall be conducted no earlier than 8:00 a.m. or later than 9:00 p.m. Voice amplification systems shall be limited to the arena area and shall not exceed 65 db at all adjoining property lines. Any initial construction activities shall be limited to the hours of 8:00 a.m. and 5:00 p.m. Mitigation 6: All new exterior lighting associated with the horse stables and boarding (and the commercial feed store if approved) shall be shielded and directed downwards so that it does not spill off-site onto adjacent properties. .... - utte Count L A N D O F NATURAL WEALTH A N D BEAUTY PLANNING DIVISION -W,!r-9W�5 DEPARTMENT OF DEVELOPMENT SERVICES •• ''`-; i`. ° ' 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 August 26, 1998 Doug & Kari Wheeler 3415 Smith Ave. Biggs, CA 95917 Re: Use Permit, AP 022-100-024 & 025, UP 98-20 Dear Mr. and Mrs. Wheeler: At the regular meeting of the Butte County Board of Supervisors held August 25, 1998, denied your appeal, without prejudice for a feed store, and approved a Use Permit for a boarding and riding stable for 30 horses (not including the applicant's existing horses) on property zoned A-40, Biggs, CA, subject to the conditions listed on the enclosures. Please sign both copies and return both copies to this Division within 40 calendar days. A Notice of 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 Board of Supervisors' approval. Re-application to this Division would then be necessary. The Use Permit is deemed granted when the enclosures have been signed by the applicant, with the counter signature of the Chairman of the Board of Supervisors, and said permit is received by the applicant by registered mail. Pursuant to Section 66020 (d) (2) of the Government Code you are hereby notified that you have 90 days to register a protest challenging any fees, dedications, reservations, or exactions imposed as conditions of approval for this project. Should you have any questions regarding this matter, please contact Stephen Hackney at this office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant BUTTE COUNTY BOARD OF SUPERVISORS AGENDA REPORT - August 25,1998 Applicant: Doug & Kari Wheeler File #: UP 98-20 Request: Appeal by the applicant requesting that the commercial feed store be included in the Planning Commission's approval of a Use Permit for a 40 horse boarding stable. G.P.: Orchard and Field Crops Zoning: A-40 APN: 022-100-025 & 026 Location: On the northwest corner of West Rio Bonito Rd. and Smith Ave., Biggs Parcel Size: 29 acres Zone date: June 29, 1982 SUMMARY: Find that a feed store, open to the public, is a use that is not consistent with either the General Plan designation of Orchard and Field Crops or the A-40 zone. Recommend that the Board of Supervisors deny the appeal and allow the use subject to the Planning Commission Action and conditions. APPLICABLE REGULATIONS: The appeal is made pursuant to Butte County Code section 24- 45.30 and is a "de novo" hearing. All applications, papers, maps, exhibits, and staff recommendations presented to the Planning Commission may be considered by the Board in reaching a decision. PLANNING COMMISSION ACTION: This project came to the Butte County Planning Commission as a request for a Use Permit to allow a boarding and riding stable and a feed and tack store. On June 25, 1998, the Planning Commission held a public hearing on this Use Permit request. The hearing generated no public controversy. Public testimony was given supporting the project. At the Planning Commission hearing, the applicant's removed their request for the sale of tack stating they will only carry minor tack supplies that might be needed by boarders. Their intent with the feed store was to -be able to provide feed for horses boarded on-site as well as being able to sell a variety of feed supplies to neighbors, 4-H, and residents of the Biggs area. Most of the Planning Commission discussion centered on the feed store use. At the conclusion of the public hearing, the Planning Commission voted 3-1 with one abstention to approve the Use Permit for the horse boarding and riding arena only. The number of horses allowed to be boarded was reduced from 40 to 30 and no sale of feed or tack was approved, other than what was necessary and accessory to the boarding operation. Following the public hearing, an appeal was filed by the applicants. The Planning Commission agenda report is attached as background information. ANALYSIS: The main focus of this appeal is the Planning Commission's denial of the commercial feed store as an accessory use. The Planning Commission approved the sale of feed and tack that Ar Butte County Department of Development Services Agenda Report ir Page 1 is necessary to support the horse boarding and riding facility. The Zoning Ordinance also allows the sale of feed products to the general public, if it is grown on-site. Section 24-90 B. 3. lists those uses that may be accessory to a permitted use. This section makes no provision for general retail sales of products. The Zoning Ordinance does not include a separate list of accessory uses for Use Permit uses. Through a Use Permit, ancillary uses that provide direct support to the primary use can be approved. In this case, feed and tack sales for boarded animals was found to be appropriate. The applicant stated there isn't a feed store in the Gridley/Biggs area and they are just trying to fill a need for neighbors and residents of the area. The feed store would sell feed for horses as well as for other animals. This constitutes a retail commercial use and as stated in the Planning Commission agenda report, the A-40 zoning district does not allow retail commercial uses. An amendment to the zoning ordinance to allow commercial uses either as a permitted use or as a conditional use is necessary to consider the applicant's request to operate a commercial feed store. Please see the attached agenda report for the June 25, 1998 Planning Commission meeting for a full analysis of the horse boarding use. RECOMMENDATION: Staff recommends the Board of Supervisors deny the appeal and uphold the decision of the Planning Commission, granting Use Permit 98-20 for the Doug and Kari Wheeler subject to the findings below and conditions as attached in Exhibit "A". 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 Board of Supervisors 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: 1. The proposed use will not impair the integrity and character of the zone in which the land lies, and that the use would not be unreasonably incompatible with, or injurious x Butte County Department of Development Services xAgenda Report Page 2 ar to, surrounding property, or be detrimental to the health and general welfare of the persons residing or working in the neighborhood or to the general health, safety, and welfare of the residents of the County because a. The character of the area is agricultural. The introduction of animals to the neighborhood is consistent with agricultural uses; b. Surrounding uses are a mixture of orchard and pasture lands with limited residential uses. The stable is separated from residential uses and will not adversely them; C. The roads serving the site are adequate to handle the additional vehicle traffic generated by the use; and 2. The project as approved is a Secondary Use under the Orchard and Field Crops General Plan designation and is conditionally consistent with the A-40 Agricultural Zoning District. 3. The request for a feed store is not consistent with the Orchard and Field Crop land use designation or the A-40 zoning as listed in Section 24-90 of the Butte County Code, and cannot be granted with this Use Permit. Section 3: Action A. Subject to the findings indicated in Sections 1 and 2 of this report, move to approve the Use Permit for Doug and Kari Wheeler on APN 0222-100-025 & 026 to allow boarding and riding stable for up to 30 horses subject to the conditions contained in attached exhibit "A". Exhibit A: Conditions of Approval Attachments: A: Planning Commission Minutes, 6/25/98 B: Planning Commission Agenda Report, C: Initial Study D. Petition E. Site Maps K:\PROJECTS\UPC\WHEELER.UP\BOS.RPT Ar Butte County Department of Development Services ArAgenda Report Ar Page 3 s 0 L*.,Vm8:3" 01 USE PERMIT Butte County Board of Supervisors E DATE: (Certified Mail Rec.) UP 98-20 PERMIT NO. APN 022-100-024 & 025 ASSESSOR'S PARCEL NOs. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Doug and Kari Wheeler is hereby granted a Use Permit in accordance with the application filed 2/17/98 to allow boarding and riding stables for 30 horses (not including the applicant's existing horses) as depicted in the site plan accompanying the application on 43 acres parcel zoned "A-40" Agricultural, 40 acre minimum located on the north side of Rio Bonita Road and west side of Smith Avenue, approximately 1000 feet west of State Highway 99. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-62. 2. Unless otherwise provided for in a special condition to this use permit, all conditions must be completed by the Permittee within 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 years of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. 4. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. Minor changes may be approved administratively by the Director of Development Services, the Director of Public Works, or the Director of Environmental Health, or designee, upon receipt of a substantiated written request by the applicant. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid, and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. Conditions of Approval: 1. Provide drainage studies as required by Reclamation District No. 833 and install improvements if necessary to ensure that there are no increases in peak drainage flows into the existing drainage facility. 2. Limit the number of horses to be kept on the project site as part of the boarding request to 30 horses. The applicant may increase the number of horses to be boarded on the property to a total of 40 horses by submitting existing and proposed site plans to the Planning Division for administrative review. Upon field verification and finding that the increase in the number of horses on the property would not result in an adverse impact on the property or surrounding properties, the planning staff may authorized the additional horses. 3. The collection, storage and disposal of manure shall be performed weekly. The site shall be maintained in a clean and sanitary manner. The applicant shall comply with all regulations of the Butte County Environmental Health Department regarding livestock keeping. 4. The operation of horse shows, competitive events, training and other such group activities shall be limited to no more than 35 participants/attendees. These types of activities shall be conducted no earlier than 8:00 a.m. or later than 9:00 p.m. Voice amplification systems shall be limited to the arena area and shall not exceed 65 db at all adjoining property lines. Any initial construction activities shall be limited to the hours of 8:00 a.m. and 5:00 p.m. i 5. All new exterior lighting associated with the horse stables and boarding shall be shielded and directed downwards so that it does not spill off-site onto adjacent properties. 6. Meet the requirements of the Butte County Public Works and Environmental Health Departments. 7. The applicant shall provide an all weather access designed to accommodate a 40,000 pound fire apparatus with a minimum of 10 feet of width and 15 feet of vertical clearance. The applicant shall comply with the Public Resources Code 4290 regarding addressing. 8. Provide adequate off-street parking area/spaces (a minimum of six (6) spaces) and sufficient turn -around area for trucks and horse trailers on-site. A minimum 2" Class II aggregate base surface shall be provide for parking areas. , 9. The applicant shall comply with all environmental mitigations and other applicable state and local ordinances, statutes and regulations. I hereby declare under penalty of perjury that I have read the foregoing conditions, 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 Board of Supervisors Chairman CC: Land Development Division, Building Division Health Department, Department of Forestry ATTACHMENT A Doug& Kari Wheeler - proposed Negative Declaration with mitigation measures regarding environmental impacts and Use Permit for a boarding stable for 40 horses with a riding stable and a feed and tack store on property zoned A-40 (Agricultural - 40 acre parcels) located on the northwest corner of West Rio bonito Road and Smith Avenue, identified as AP 022-100-024 and 025, Biggs. (PF) (UP98-20) Commissioner Leland abstained from this hearing and stepped down from the dais. Mr. Sanders gave a brief summary of the project. He said the applicant is requesting a feed store and tack shop for which staff is recommending denial. Staff is recommending approval of the boarding stable. He said there are two parcels of approximately'29 acres, but only 6 acres is being used for this permit. He said he is concerned with the amount of traffic the horse show events will generate. He said staff is asking that the number of horses to be boarded be limited to 30. He said the tack shop is recommended for denial as there is no provision in this zone for a commercial use. Chairman Lambert asked if this proposal was on two parcels? - Mr. Sanders said there are 5 underlying lots with two parcel numbers. He said the project proposes to use the Smith Road frontage of each of the 5 underlying lots. The hearing was opened to the public. Kari Wheeler said she would like to take the tack store out of the description. She said they will only carry accessory tack for borders: She said they would like to have the feed store available to the neighbors and 4-H clubs to buy feed if they need to. She submitted a petition signed by her neighbors in favor of this project. She said there is no feed store in the Gridley area. She said the traffic will be low because the entrance will•be at the beginning of Smith Avenue. She said she owns 4 horses and is going to buy one more. She said different clubs and organizations will want to use this arena. She said there could be up to 50 people at an event. She also wanted to be able to use the arena at night after 5 p.m. for roping. She said they have owned two of the 5 underlying lots for 5 years and have just recently purchased the other three. Commissioner Mooney was concerned with dust. Ms. Wheeler said this will be a sand arena and they will control the dust. Commissioner Nelson asked staff where do they break from retail to commercial. He said this project does not sound like a commercial operation. He said it sounds accessory to the proposed use. Mr. Sanders said there is no problem with selling what they grow. The problem is selling feed not grown on-site to the general public. Mr. Leland, representing the Dos Rio Land Co., said that Malva Bayless, owner, has no problem with this project. He said the nearest neighbor and owners of the prune orchard are Ms. Bayless. He said the Wheelers have been good neighbors. He said there will be limited sales to products used for accessory to the project. The hearing was closed. BUTTE COUNTY PLANNING CONIIvIISSI094 M x � � � �A. � � t a. sS• } . � y� y'' � 1y D _ .. ��. :moi � ti �: "1 �t.�(�4.:. "r+�; ;i Chairman Lambert said she has a hard time seeing this project as anything more than a commercial use and.could not recommend it in an ag. zone. She said if this is approved, they need to narrow the times and events allowed. She said she is not in favor of this proposal and would have to vote against it. Commissioner Nelson said the proposal is more appropriate for this type of area than most. He said he has no problem approving this permit. He said the tack sales and feed barn could be considered accessory uses to the stable. Mr. Sanders asked that mitigation measures 2-6 be made conditions of this permit if it is approved. He said they could add a condition that the feed barn be accessory to and/or complimentary to the riding facility. Items sold limited to those that would be used by the operation. He said they might want to limit the size of the structure with no off-site advertising sign allowed. Commissioner Mooney said he liked Mitigation Measure #1. He said he was in favor of this proposal as the staff report is written. He said if the applicants want a feed store, they should apply for a Use Permit for once. It was moved by Commissioner Nelson, seconded by Commissioner Cage, and carried to approve the Use Permit subject to the findings and conditions in the Agenda Report dated May 17, 1998, adding Mitigation Measures 2-6 to the conditions, correct the Section # on #1 of the first page of the Use Permit, and change the wording on #2, and deny the request for a tack shop, as follows: Section 1: Environmental Findings. A. An Initial Study was completed in compliance with the California Environmental Quality -Act identifying potentially significant environmental effects that the project may have. Provisions and the design of the project and the conditions (and mitigations) added to the project will mitigate such effect to a level of insignificance; and B. The design and the improvements for the proposed project will not cause environmental damage to fish or 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 Mitigated Negative Declaration prior to making its decision on the project, and the Mitigated Declaration reflects the independent judgement of the County. of Butte; and Section 2: Zoning Ordinance Findings. A. , The proposed use will not impair the integrity and character of the zone in which the land lies, and that the use would not be unreasonably incompatible with, or injurious to, surrounding property, or be detrimental to the health and general welfare of the persons residing or working in the neighborhood or to the general health, safety, and welfare of the residents of the County; and B. The proposed project is a Secondary Use under the Orchard and Field Crops General Plan designation and is conditionally consistent with the A-40 Agricultural Zoning District. In ■ BUTTE COUNTY PLANNING COMMISSION -0 MINUTES E JUNE 25, 1998 4' C. The request for a feed and tack store cannot be granted as commercial stores are not allowed in the A-40 zoning district pursuant to Chapter 24, Comprehensive Zoning Ordinance of the Butte County Code. Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this report, move to approve the Use Permit for Doug and Kari Wheeler on APNs 022-100-024 & 025 to allow the boarding and riding stables for 30 horses (not including the applicant's existing horses) as depicted in the site plan accompanying the application on 43 acres parcel zoned "A-40" Agricultural, 40 acre minimum located on the north side of Rio Bonito Road and west side of Smith Avenue, approximately 1000 feet west of State Highway 99. Conditions of Approval: The applicant may increase the number of horses to be boarded on the property to a total of 40 horses by submitting existing and proposed site plans to the Planning Division for administrative review. Upon field verification and finding that the increase in the number of horses on the property would not result in an adverse impact on the property or surrounding properties, the planning staff may authorized the additional horses. 2. Meet the requirements of the Butte County Public Works and Environmental Health Departments. 3. The applicant shall provide an all weather access designed to accommodate a 40,000 pound fire apparatus with a minimum of 10 feet of width and 15 'feet of vertical clearance. The applicant shall comply with the Public Resources Code 4290 regarding addressing. 4. Provide adequate off-street parking area/spaces (a minimum of six (6) spaces) and sufficient turn- around area for trucks and horse trailers on-site. A minimum 2" Class II aggregate base surface shall be provide for parking areas. 5. The applicant shall comply with all environmental mitigations and other applicable state and local ordinances, statutes and regulations. 6. Provide drainage studies as required by Reclamation District No. 833 and install improvements if necessary to ensure that there are no increases in peak drainage flows into the existing drainage facility. (MM) 7. Limit the number of horses to be kept on the project site as part of the Use Permit request to 30 horses. (MM) The collection, storage and disposal of manure shall be performed weekly. The site shall be maintained in a clean and sanitary manner. The applicant shall comply with all regulations of the Butte County Environmental Health Department regarding sanitation requirements. (MM) 9. The operation of horse shows, competitive events, training and other such group activities shall be limited to no more than 35 participants/attendees. These types of activities shall be conducted no earlier than 8:00 a.m. or later than 9:00 p.m. Voice amplification systems shall be limited to 3 ._ �.rA:e•r-•---�•-^.q.-^w�:!�-..-'z—s--^,<.-.:•..-."T..,..._,. R+C^'9.?-:z*.'.'T.••,-.,.,r^4. :: _ py.,�?.a.. rt T.....'�c fr✓ RVy+',,i+ �' : .+ ra*x.r'��R'-'E*"'1'�.., , 0 BUTTE COUNTY PLANNING COMMISSION ■ MINUTES JUNE 25 1998 ■ the arena area and shall not exceed 65 db at all adjoining property lines. Any initial construction. activities shall be limited to the hours of 8:00 a.m. and 5:00 p.m. (MM) 10. All new exterior lighting associated with the horse stables and boarding shall be shielded and directed downwards so that it does not spill off-site onto adjacent properties. (MM) AYES: Commissioners Cage, Nelson, and Mooney NOES: Chairman Lambert ABSENT: No one ABSTAINED: Commissioner Leland ■ NNE 25,1998,E ! .0 AGENDA REPORT TO: Honorable Chair and Planning Commission FROM: Department of Development Services DATE: May 17, 1998 i ATTACHMENT REQUEST: Use Permit 98-20 Doug and Kari Wheeler (applicants and owners) on APN 022-100-025 &026: A request for a Use Permit to allow boarding and riding stables for 40 horses and a feed and tack store on property zoned A-40 (Agricultural -40 acre parcel minimum) located on the northwest corner of West Rio Bonito Road and Smith Avenue, approximately 1000 feet west of State Highway 99, Biggs. The project site is located within Supervisorial District #4. RELATED ITEMS: None �. FOR: Planning Commission Meeting of June 25, 1998 SUMMARY: Staff recommends approval of the request for boarding and riding stable for up to 30 horses (not including the applicant's existing horses) subject to the required findings and conditions of approval, and denial of the request for a feed and tack store finding that commercial stores are not allowed in the A- 40 zoning district pursuant to Chapter 24, Comprehensive Zoning Ordinance of the Butte County Code. The portion of the project which proposes the boarding and riding stables is consistent with the General Plan designation of Orchard and Field Crops which notes animal husbandry and pasturing are secondary uses for this land use designation and is also consistent with the Agricultural Element of the General Plan. Boarding and/or riding stables are permitted in the zoning district with a Use Permit and subject to the Animal Maintenance requirement of the Butte County Zoning Ordinance (Section 24-255). 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-3 (Agricultural 'Zones - A-40) which indicates that boarding and riding stable require a conditional Use Permit; and I S■ Butte County Department of Development Services -Planning Division ■ 0 • PROJECT CHARACTERISTICS: This project is a request to allow boarding and riding stables for 40 horses and a feed and tack store on property zoned A-40 (Agricultural -40 acre parcel minimum) located on the north side of West Rio Bonito Road adjacent to the west side of Smith Avenue. The project is proposed to occupy approximately 6.7 acres located on portions of two parcels that total 29 acres. The horse boarding and feed store operation will front Smith Avenue which is a paved road, approximately 12-15 feet in width. The southern portion of the property adjacent to West Rio Bonita Road currently contains a 1500 square foot older home with several accessory structures, (including, but not limited to, a 800 square foot caretakers house and 600 square foot shop), all in deteriorated condition. The applicant's home and accessory buildings are located on the a separate parcel immediately north of the project site. Neighboring residences are located directly east of the applicant's homesite and further north on Smith Avenue. Dry pastures which are bisected south to north by an irrigation ditch, are located on the balance of the two parcels. According to the applicant, the property cannot be irrigated. A drainage ditch (Reclamation District 833) is located approximately 200 feet west and parallel of Smith Avenue. No flooding has occurred on the property,__. Surrounding uses are agricultural residential with prune orchards south and east of the project site. Horses are currently kept on the subject property and in the surrounding neighborhood. The applicant proposes to build portable horse stalls as needed to eventually accommodate up to 40 horses on the project site. The stalls would be 10' x 10' in size for a total of 4000 square feet of buildings. Proposed accessory uses would include a 250'x 150' riding arena, two corrals, a graveled parking area with a connecting access drive to a truck and trailer parking area near the proposed stalls. The applicant proposes to install six stalls preliminarily and anticipates the boarding of 20 horses by the year 2001. (Please see the attached existing and proposed site plans.) Horse riding activities including training, shows and competition may also occur. Additionally, the applicant is requesting to operate a feed and tack store in the existing shop on the property. In accordance with the zoning ordinance, there are no area requirements for the keeping of livestock on properties five acres or larger within zoning districts which allow livestock as a permitted right. Described below are the project and surrounding zoning, general plan land use designation and the existing land uses. Project: A-40 Orchard and Field Crops North: A-40 Orchard and Field Crops South: A-40 Orchard and Field Crops East: A-40 Orchard and Field Crops Ag -Residential and pasture Ag -Residential (Orchard beyond) Orchard - prunes Ag -Residential and Orchard -prunes ■ Butte County Department of Development Services - Planning Division ■ 2 0 • West: A-40 Orchard and Field Crops Vacant, Orchard and pasture (Further west is Agricultural Residential land use and A -S Zoning) ANALYSIS: This project is conditionally consistent with the "A-40" Agricultural zoning district which allows animal boarding and riding stables with a Use Permit and the General Plan designation "Orchard and Field Crops" which allows livestock keeping. However, the zoning district does not provide for commercial uses, specifically the request for the operation of a feed store. An amendment to the zoning ordinance to allow commercial uses either as a permitted use or as a use allowed with a Use Permit is necessary in order to consider the applicant's request to operate a commercial feed store. The applicant may, however, store and provide tack and feed for the horses that are boarded on-site as part of the Use Permit approval. It appears that the Use Permit request for the boarding and riding stables would not impact surrounding uses which are primarily agricultural in nature and include the keeping of livestock. However, the improvements proposed for the boarding, training and exercising of the horses, and the associated access and parking areas proposed on the easterly 6.7 acres of the property may be inadequate for the ultimate number of horses proposed (40). Additionally, traffic generation for related equestrian activities such as shows, training and similar events for up to 40 horses, could impact Smith Avenue. The applicant has noted that the total number of horses to be accommodated will depend on the need for such a sized facility in the future. Staff would recommend Use Permit approval for a total of 30 horses (not including the applicant's existing horses) at this time and allow the applicant to request a modification of the Use Permit at a future date to accommodate more horses if necessary. Policies within Agricultural Element of the General Plan direct careful consideration of uses other than agricultural production on the agriculturally designated properties. "In order to preserve the maximum amount of land for commercial agricultural production and to avoid conflicts, restrict non-agricultural uses in the Zoning Ordinance, including, but not limited to, water ski lakes, riding stables, golf courses, residential subdivisions, and industrial and commercial uses not directly related to agriculture on agricultural lands. Public uses, including, but not limited to, sewer treatment plants, drainage facilities, and energy generating facilities shall be permitted subject to a Use Permit". Such facilities shall be carefully located so as not to unduly interfere with existing or planned agricultural activities." (Agricultural Element, page AE -13) The existing site is located on the fringe of the City of Biggs. As discussed above, the area is a mixture of pasture land more intensive agricultural uses. Some orchards exist in the area, however they are not in immediate proximity to the stables and riding arena. The use of the site for riding should not interfere with any current agricultural practices on surrounding parcels given the existing buffer distances. As noted above, the use of agriculturally zoned land for "riding stables" requires careful consideration. A determination that a commercial feed store is a permitted or accessory use on agriculturally zoned properties, may have a county wide impact and should be considered through the Generall-P-lan and zoning code amendment process. ■ Butte County Department of Development Services - Planning Division ■ 3 Reclamation District No. 833 has noted (in an adopted Resolution of the Board of Trustees) that "increases in peak storm drainage flows as a result of the increases in non -permeable surfaces such as streets, driveways, patios and rooftops" impact their drainage facilities. The District requests drainage studies be conducted for proposed projects to ensure that historic peak flows are not increased due to the development. If peak flows will be exceeded, then improvements must be made to the holding capacity of the facilities. (It should be noted that the District may not determine that the proposed project represents "urban development." An environmental mitigation has been included in the project's initial study which provides for the applicant to contact the District regarding stormwater run-off for the proposed project.) The Public Works Department will require encroachment permits for the construction of all new or existing driveway approaches and a dedication of 30 feet of right-of-way from the centerline of Smith Avenue for this project. The Environmental Health Department has noted that bathroom facilities for employees and/or horse owners/riders is required. Additionally, a sewage disposal system may be required and a water permit if drinking water is provided for riders. The Fire Department will require building identification/addressing in conformance with the Public Resources Code 4290 be posted at the beginning of building construction and maintained thereafter and the provision of an all weather access to all structures, designed to carry a 40,000 pound fire apparatus at least 10 feet wide with a 15 foot vertical clearance. — ENVIRONMENTAL DOCUMENTATION: An environmental initial study has been conducted for this project and a mitigated negative declaration of environmental impact has been recommended pursuant to the California Environmental Quality Act. The following mitigations have been identified: Mitigation I: Deny the request for a commercial feed store. If the applicant wishes to pursue revision of the current zoning regulation to allow a commercial feed store and/or an amendment to the General Plan policies regarding limiting non-agricultural use, further environmental assessment will be required to analyze potential impacts to the preservation of agricultural resources. Mitigation 2: Provide drainage studies as required by Reclamation District No. 833 and install improvements if necessary to ensure that there are no increases in peak drainage flows into the existing drainage facility. Mitigation 3: Limit the number of horses to be kept on the project site as part of the Use Permit request to 30 horses. ■ Butte County Department of Development Services - Planning Division ■ 4 Mitigation 4: The collection, storage and disposal of manure.shall be performed weekly. The site shall be maintained in a clean and sanitary manner. The applicant shall comply with all regulations of the Butte County Environmental Health Department regarding sanitation requirements. Mitigation 5: The operation of horse shows, competitive events, training and other such group activities shall be limited to no more than 35 participants/attendees. These types of activities shall be conducted no earlier than 8:00 a.m. or later than 9:00 p.m. Voice amplification systems shall be limited to the arena area and shall not exceed 65 db at all adjoining property lines. Any initial construction activities shall be limited to the hours of 8:00 a.m. and 5:00 p.m. Mitigation 6: All new exterior lighting associated with the horse stables and boarding (and the commercial feed store if approved) shall be shielded and directed downwards so that it does not spill off-site onto adjacent properties. RECOMMENDATION: Staff recommends the Planning Commission approve the application for a boarding and riding stable application for up to 30 horses (not including the applicant's existing horses) on APN 022-100-024 & 025 subject to the required findings and conditions of approval, and deny the request for a feed and tack store finding that commercial stores are not allowed in the A-40 zoning district pursuant to Chapter 24, Comprehensive Zoning Ordinance of the Butte County Code. FINDINGS: Section 1: Environmental Findings. A. An Initial Study was completed in compliance with the California Environmental Quality Act identifying potentially significant environmental effects that the project may have. Provisions and the design of the project and the conditions (and mitigations) added to the project will mitigate such effect to a level of insignificance; and B. The design and the improvements for the proposed project will not cause environmental damage to fish or 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 Mitigated Negative Declaration prior to making its decision on the project, and the Mitigated Declaration reflects the independent judgement of the County of Butte; and Section 2: Zoning Ordinance Findings. A. The proposed use will not impair the integrity and character of the zone in which the land lies, and that the use would not be unreasonably incompatible with, or injurious to, surrounding property, or be detrimental to the health and general welfare of the persons ■ Butte County Department of Development Services - Planning Division ■ 5 residing or working in the neighborhood or to the general health, safety, and welfare of the residents of the County; and B. The proposed project is a Secondary Use under the Orchard and Field Crops General Plan designation and is conditionally consistent with the A-40 Agricultural Zoning District. C. The request for a feed and tack store cannot be granted as commercial stores are not allowed in the A-40 zoning district pursuant to Chapter 24, Comprehensive Zoning Ordinance of the Butte County Code. Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this report, move to approve the Use Permit for Doug and Kari Wheeler on APNs 022-100-024 & 025 to allow the boarding and riding stables for 30 horses (not including -the applicant's existing horses) as depicted in the site plan accompanying the application on 43 acres parcel zoned "A-40" Agricultural, 40 acre minimum located on the north side of Rio Bonita Road and west side of Smith Avenue, approximately 1000 feet west of State Highway 99. Attachments: A. Exhibit "A" Findings and Conditions of Approval B. Project and Surrounding Area C. Vicinity Map D. Site Plans - Existing and Proposed E. Initial Study F. Reclamation Dist. 833 comments ■ Butte County Department of Development Services - Planning Division ■ /D 6 1 *14 1, I 1. _1W1 USE PERMIT Butte County Planning Commission DATE: (Certified Mail Rec.) 98-20 PERMIT NO. APN 022-100-024 & 025 ASSESSOR'S PARCEL NOs. Z Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Doug and Kari Wheeler is hereby granted a Use Permit in accordance with the application filed 2/17/98 to allow boarding and riding stables for 30 horses (not including the applicant's existing horses) as depicted in the site plan accompanying the application on 43 acres parcel zoned "A-40" Agricultural, 40 acre minimum located on the north side of Rio Bonita Road and west side of Smith Avenue, approximately 1000 feet west of State Highway 99. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24- 62. 2. Unless otherwise provided for in a special condition to this use permit, all conditions must be completed by the Permittee within 24 months of the delivery of the countersigned permit to the Permittee. 3. If any use for which a use permit has been granted is not established within two years of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. 4. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. 5. Minor changes may be approved administratively by the Director of Development Services, the Director of Public Works, or the Director of Environmental Health, or designee, upon receipt of a substantiated written request by the applicant. Prior to such approval, verification shall be made _ by each Department or Division that the modification is consistent with the application, fees paid, ■ Butte County Department of Development Services - Planning Division ■ / 7 and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. Conditions of Approval: 1. The applicant may increase the number of horses to be boarded on the property to a total of 40 horses by submitting existing and proposed site plans to the Planning Division for administrative review. Upon field verification and finding that the increase in the number of horses on the property would not result in an adverse impact .on the property or surrounding properties, the planning staff may authorized the additional horses. 2. Meet the requirements of the Butte County Public Works and Environmental Health Departments. 3. The applicant shall provide an all weather access designed to accommodate a 40,000 pound fire apparatus with a minimum of 10 feet of width and 15 feet of vertical clearance. The applicant shall comply with the Public Resources Code 4290 regarding addressing. 4. Provide adequate off-street parking area/spaces (a minimum of six (6) spaces) and sufficient turn- around area for trucks and horse trailers on-site. A minimum 2" Class II aggregate base surface shall be provide for parking areas. 5. The applicant shall comply with all environmental mitigations and other applicable state and local ordinances, statutes and regulations. I hereby declare under penalty of perjury that I have read the foregoing conditions, they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Dated: Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Butte County Planning Commission Chairman CC: Land Development Division Building Division Health Department Department of Forestry ■ Butte County Department of Development Services - Planning Division ■ 8 •1:: ri`". :� • Project: UP 98-20 I. BACKGROUND: COUNTY OF BUTTE INITIAL STUDY EVALUATION OF ENVIRONMENTAL IMPACTS ATTACHMENT` C. i 1. Name of Proponent: Doug and Kari Wheeler (applicants and owners) 2. Address: 3415 Smith Avenue, Biggs, CA 95917 Phone: 530-868-1716 3. Name of Proposal, if applicable: Use Permit Application No. 98-20 4. Type of Project: Use Permit request for boarding and riding stables to accommodate up to 40 horses and a commercial feed store Project Description -and Location of Parcel(s): This project is a request to allow boarding and riding stables for 40 horses and a feed and tack store on property zoned A-40 (Agricultural -40 acre parcel minimum) located on the north side of West Rio Bonito Road adjacent to the west side of Smith Avenue. I I The total project area consists of two parcels totaling 29 acres owned by the applicant. (The property has two Assessor's Parcel numbers. The horse boarding and feed store operation is proposed on 6.7 acres which front Smith Avenue. The southern portion of the property adjacent to West Rio Bonita Road currently contains a 1500 square foot older home with several accessory. structures, (including, but not limited to, a 800 square foot caretakers house and 600 square foot shop). The applicant's home and accessory buildings are located on the a separate parcel immediately north of the project site. Dry pastures which -are bisected south - to north by an irrigation ditch, are located on the balance of the site. A drainage ditch (Reclamation District 833) is located approximately 200 feet west and parallel of Smith Avenue. Surrounding uses are agricultural residential with prune orchards south and east of the project site. Horses are currently kept on the subject property and in the surrounding neighborhood. , The applicant proposes to build portable horse stalls as needed to eventually accommodate up to 40 horses on the project site. The stalls would be 10'x 10' in size for a total of 4000 square feet of buildings. Proposed accessory uses would include a 250' x 150' riding arena, two corrals, a graveled parking area with a connecting access drive to a truck and trailer parking area near the proposed stalls. The applicant proposes to install six stalls preliminarily and anticipates the boarding of 20 horses by the year 2001. Additionally, the applicant is requesting to operate a feed and tack store in the existing shop on the property. The subject project is located in the Biggs area and has a land use designation of "Orchard and Field Crops". The project topography is generally level terrain with existing irrigation (does not carry water at this time) and reclamation ditches bisecting the property north to south west of the Smith Avenue frontage. No flooding has occurred on-site. The soils in this area are classified as "Class 2" or "good cultivatable land." The Soil Conservation Service Land Capabilities Classification notes that lands with this soil classification have few limitations and can be used for "cultivated crops, pasture, range, woodland or wildlife." . (Butte County Master Environmental Assessment, page LU -25). The surrounding area is currently in agricultural production (orchard crops). ■ Butte County Department of Development Services ■ Planning Division ■ 15 Project: UP 98-20 6. Assessor's Parcel Numbers: 022-100-024 and 022-100-025 7. Date Checklist Submitted: May 15, 1998 II. DETERMINATION: On the basis of this initial evaluation: ❑ 1 find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ® 1 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. ❑ 1 find that the proposed project COULD have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Prepared by: Date Reviewe For III. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below could be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact' as indicated by the checklist on the following pages. ® Land Use and Planning n Transportation/Circulation ❑ Public Services 0 Population and Housing 0 Biological Resources ❑ Utilities and Service Systems ❑ Geophysical ❑ Energy and Mineral Resources 0 Aesthetics 0 Water ❑ Hazards ❑ Cultural Resources ❑ Air Quality 0 Noise 0 Recreation 0 Butte County Department of Development Services 0 Planning Division 0 /4/0 9' Project: UP 98-20 Potentially Significant Impact EVALUATION OF ENVIRONMENTAL IMPACTS: Significant Less Unless Than Mitigation Significant Incorporated Impact No Impact 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact' answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact' answer should be explained where it is based on project -specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) 'Potentially Significant Impact' is appropriate if there is substantial evidence that an effect is significant if there are one or more "Potentially Significant Impact' entries when the determination is made, an EIR is required. 4) 'Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from 'Potentially Significant Impact' to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analysis," may be cross-referenced). 1 5) Earlier analyses may be used where, pursuant to.the tiering, program EIR, or otheF 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. i 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. f This is a draft form of the County of Butte Environmental Checklist (Initial Study) form. It is subject to periodic revisions to comply with the State of California Office of Planning & Research recommended format. IV. ENVIRONMENTAL IMPACTS: Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact ■ Butte County Department of Development Services 0 Planning Division ■ 147 •; Project: UP 98-20 Potentially Significant Impact 1. LAND USE AND PLANNING. Would the proposal. r] Significant Less Unless Than Mitigation Significant Incorporated Impact a) Conflict with general plan designation or zoning? X No Impact Comment. The project is a request to allow riding and boarding stables and a commercial feed store on property currently zoned A-40 (Agricultural -40 acres minimum parcel size) and designated as "Orchard and Field Crops." Although the zoning ordinance allows riding staples with a use permit in the A-40 zoning district, policies within Agricultural Element of the General Plan direct careful consideration of uses other than agricultural production on the agriculturally designated properties. "in order to preserve the maximum amount of land for commercial agricultural production and to avoid conflicts, restrict non-agricultural uses in the Zoning Ordinance, including, but not limited to, water ski lakes, riding stables, golf courses, residential subdivisions, and industrial and commercial uses not directly related to agriculture on agricultural lands. Public uses, including but not limited to, sewer treatment plants, drainage facilities, and energy generating facilities shall be permitted subject to a Use Permit" Such facilities shall be carefully located so as not to unduly interfere with existing or planned agricultural activities." (Agricultural Element, page AE -13) Commercial feed stores are not listed as allowed uses in the A-40 zoning district or as allowed with a use permit. A code amendment to the zoning district regulations and a possible amendment to the Agricultural Element may be necessary prior to approving the applicant's request for the commercial feed store. Allowing commercial or retail sales to occur in the agriculturally designated parcels throughout the County may result in a potentially significant impact to the preservation of agricultural land as currently set forth in the General Plan. — Mitigation 1: Deny the request for a commercial feed store. If the applicant wishes to pursue revision of the current zoning regulation to allow a commercial feed store and/or an amendment to the General Plan policies regarding limiting non-agricultural uses , further environmental assessment will be required to analyze potential impacts to the preservation of agricultural resources. b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? -X Comment: The project site contains a drainage ditch under the authority of Reclamation District No. 833. The Board of Trustees for Drainage District No. 833 responded to this use permit application by forwarding an adopted Resolution which requires drainage studies be prepared and'submitted to their agency for review and action on a case-by-case basis. Required information must include data regarding the established historical peak flows from the site, indications that no increase in peak drainage flows from the development site will be deposited into their drainage facility, and proposed offsite improvements to maintain the holding capacity. (Please see attached Resolution.) Mitigation 2: Provide drainage studies as required by Reclamation District No. 833 and install improvements if necessary to ensure that there are no increases in peak drainage flows ■ Butte County Department of Development Services ■ Planning Division ■ 4 Project: UP 98-20 Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact into the existing drainage facility. c) Be incompatible with existing land use in the vicinity? — X d) Affect agricultural resources or operations (e.g., impacts to soils or farmlands, or impacts from incompatible land uses)? X e) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? X Comments: The proposed use for the subject property (riding and boarding stables and a commercial feed store) may conflict with existing agricultural uses if the project is fully developed including the commercial feed store operation. Because the applicant is unsure how intensive the proposal may become (i.e. types of horse -related activities such as shows, training, competitive riding etc. and the area demand for a local feed store), it appears prudent to limit the number of horses allowed on the site at this time in addition to denying the commercial feed store operation. The full ranges of equestrian facilities and activities could significantly increase the impact on the surrounding neighborhood including traffic and noise related impacts. Mitigation 3: Limit the number of horses to be kept on the project site as part of the boarding request to 30 horses. 2. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? X b) Induce substantial growth in an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? X c) Displace existing housing, especially affordable housing? —X Comment: There are no housing units associated with the project and no cause and effect relationship between the horse riding and boarding facilities and human population increase. The proposed project will not have a direct or indirect growth inducing effect. ■Butte County Department of Development Services ■ Planning Division ■ 5 Project: UP 98-20 Potentially Significant Impact 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? Significant Less Unless Than Mitigation Significant No Incorporated Impact Impact Comments: All of Butte County is in a Moderate Earthquake Intensity Zone Vlll. The property is located in an area of relatively low seismic activity. No active faults are located on the property. The closest active fault to the subject site is the Cleveland Hills fault located approximately 15 miles east of the property. Potentially active faults are located southeast (near the Sierra Foothills) and southwest (Dunnigan and Willows areas). The likelihood of an earthquake from these currently inactive faults is extremely low. Ground shaking potential from seismic activity in the Butte County is difficult to predict as there is not sufficient geologic and seismic data available. (BCMEA) The degree of ground shaking greatly varies and depends on the magnitude of the earthquake and geology. A Modified Mercalli intensity between VI and Vll for seismic activity is expected for the majority of land within Butte County. — Liquefaction is generally associated with areas where the groundwater is less than 30 feet from the surface and soils are characterized as poorly consolidated fine to medium sand. The subject site has a generally moderate liquefaction potential. The proposed project does not increase the liquefaction potential. No large bodies of water are located on the subject site; therefore, the occurrence for seiche (periodic oscillation of a lake, river, bay, etc. from seismic activity) is not possible. Mitigation: None required. d) Landslides or mudslides? X e) Erosion, changes in topography or unstable soil conditions from excavation, grading or fill? X Comments: Landslide or mudslide potential is not associated with valley agricultural lands. Erosion potential is none to minimal for the subject property. No significant excavation, grading or fill is proposed for the project site. Mitigation: None required. ■Butte County Department of Development Services 0 Planning Division ■ a 0 2 Project: UP 98-20 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 X —X Comments: Subsidence potential in Butte County is associated with heavy ground water withdrawal. According to the BCMEA, the subject site is not associated with either heavy ground water withdrawal or subsidence potential. The subject site does not contain expansive soils. There are no unique geologic or physical features associated with the project site. 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? X Comment: The addition of structures on the site (stables) and parking areas has the potential to increase storm water runoff. See Mitigation 2 above. Mitigation: None required. b) Exposure of people or property to water related hazards such as flooding? —X Comment: The BCMEA notes that the subject property is outside the 500 -year flood plain. No flooding incidents have been recorded for the project site. + i Mitigation: None required. c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? X f Comment. Surface water quality is managed by local agencies in accordance with state standards. The County of Butte has adopted standards for specific areas of the county which require close monitoring of surface and ground water quality. No impacts to surfaces waters are associated with the proposed project site. Mitigation: None required. d) Changes in the amount of surface 0 Butte County Department of Development Services ■ Planning Division ■ co?/ Project: UP 98-20 Potentially Significant Impact •� Significant Unless Mitigation Incorporated water in any water body? e) Changes in currents, or the course or direction of water movements? Comment: The project site does not contain any water bodies. Mitigation: None required. f) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavation? g) Altered direction or rate of flow of groundwater? Less Than Significant No Impact Impact h) Impacts to groundwater quality? X Comment: No change in the quality, direction or rate of ground waters is expected to occur. The project site is not associated with a groundwater recharge area. (BCMEA) Mitigation: None required. 5. AIR QUALITY. Would the proposal. A a) Violate any air quality standard or I contribute to an existing or projected r air quality violation? X Comment: Limited construction on the project site including the preparation of areas for on-site parking and loading could result in the release of fine particles of dust. Fugitive PM,o dust would be generated primarily by site preparation. This short term impact is considered'less than significant because standard construction measures, including controlling fugitive dust at all times will be required as a condition of the use permit. As a condition of approval, parking areas must have a minimum 2" class 11 aggregate base surface to reduce the dust potential. Mitigation: None required. b) Expose sensitive receptors to pollutants? - c) Alter air movement, moisture, or temperature, or cause any change in climate? X 0 Butte County Department of Development Services 0 Planning Division 0 aQ? 0• Project: UP 98-20 Potentially Significant Impact d) Create objectionable odors? . ( Significant Less Unless Than Mitigation Significant Incorporated Impact No Impact Comment: There are no pollutants associated with the proposed project. The location of the stables is not in direct proximity to existing residential use; however, manure odor could create an impact on the few neighboring residences if not collected, stored and disposed properly. The County of Butte has adopted health standards for the keeping of animals which the project proponent must adhere. Mitigation 4: The collection, storage and disposal of manure shall beperformed weekly. The site shall be maintained in a clean and sanitary manner. The applicant shall comply with all regulations of the Butte County Environmental Health Department regarding livestock keeping. 6. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? �— Comment The project if approved, would result in an incremental traffic increase in the area. It is estimated that additional traffic generation could range from an increase of 8 ADT (average daily trips) to 80 ADT (worst case scenario) .depending on the type or level of activity. Limiting the number of horses boarded on-site to a maximum of 30 will reduce the worst case scenario to approximately 60 ADT. (Additional traffic generated with the feed store has not be calculated.) Mitigation: Reduce the number of horse boarded (Mitigation 3). b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? - X Comment: The Butte County Department of Public Works will require adjacent improvement to Smith Avenue for the proposed project including encroachment permits for new and existing access from Smith Avenue. Mitigation: None is required. c) Inadequate emergency access or access to nearby uses - X d) Insufficient parking capacity onsite/ offsite? X e) Hazards or barriers for pedestrians or bicyclists? _ - X ■ Butte County Department of Development Services ■ Planning Division ■ 400243 0 9 Project: UP 98-20 Potentially Significant Impact f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? Significant Less Unless Than Mitigation Significant Incorporated Impact No Impact h) Substantial impact upon existing transportation systems, including public transportation services? _X Comments: The project is not associated with inadequate emergency access or access to nearby uses. Approval of the use permit will require compliance with the County's parking requirements as a standard of approval. No impacts to bicyclists, bus, rail, waterborne or air traffic are anticipated as a result of this project. Mitigation: None is 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 Comment: The project site has no endangered, threatened or rare species. Mitigation: None required. b) Locally designated species (e.g. heritage trees)? X Comment. There are no locally designated species or "heritage" species within Butte County. Mitigation: None required. c) Locally designated natural communities (e.g. oak forest, etc.)? Comment. The project site is residentially -developed land with pasture areas. It does not contain designated natural communities. Mitigation: None required. ■ Butte County Department artment of Development Services ■ Planning Division ■ a 10 Project: UP 98-20 Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact d) Wetland habitat (e.g. marsh, riparian and vernal pool)? X Comment: There are no wetland habitats associated with the project site. Mitigation: None required. e) Wildlife dispersal or migration corridors? X Comment. No wildlife is associated with the project site. The site is not within a known migration corridor. 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 Comments: The project does not conflict with adopted energy conservation plans nor is it associated with non-renewable natural resources or mineral extractions. Mitigation: None required 9. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals, or radiation) X b) The creation of any health hazard or potential health hazard? X ■ Butte County Department of Development Services ■ Planning Division ■ a50*0 11 Project: UP 98-20 Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact c) Exposure of people to existing sources of potential health hazards? Comment. No hazardous substances are associated with the proposed project. Maintenance of the animal stables and associated facilities related to the horses shall be in compliance with County health and safety standards. Mitigation: None required. d) Possible interference with an emergency response plan or emergency evacuation plan? X Comment. The project will not interfere with any emergency response or evacuation plans. Mitigation: None required. e) Increased fire hazard in areas with flammable brush, grass, or trees? Comment: The project will not result in increased fire hazards. Mitigation: None required. 10. NOISE. Would the proposal result in: a) Increases in existing noise levels? b) Exposure of people to severe noise levels? Comment: The ambient noise levels in the general vicinity may increase with the occurrence of equestrian -related activities such as horse shows, competition and training programs. Mitigation 5: The operation of horse shows, competitive events, training and other such group activities shall be limited to no more than 35 participants/attendees. These types of activities shall be conducted no earlier than 8:00 a.m. or later than 9:00 p.m. Voice amplification systems shall be limited to the arena area and shall not exceed 65 db at all adjoining property lines. Any initial construction activities shall be limited to the hours of 8:00 a.m. and 5:00 p.m. 11. PUBLIC SERVICES. effect upon, or res altered governmer following areas: a) Fire protection? ■ Butte County Department of Development Services ■ Planning Division ■ 0?6 12 Project: UP 98-20 Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated . Impact Impact b) Police protection? X c) Schools? X Comments: The project does riot involve residential use or population increase and therefore, does not impact services and facilities. Mitigation: None required. d) Maintenance of public facilities, including roads? e) Other governmental services? Comments: New development will be responsible for the provision and maintenance of on-site improvements and access to the public road. The Butte County Department of Public Works will determine if road improvements are necessary for the development of this project. Mitigation: None required. 12. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems, or . - — substantial alterations to the following utilities: a) Power or natural gas? X_ b) Communications systems? X c) Local or regional water treatment or distribution facilities? X Comments: This project will not generate the need for significant service or utility demands. Mitigation: None required. d) Sewer or septic tanks? Comment. Conversion of the existing storage shed to a commercial feed store would require compliance with the Uniform Building Code including the provision of bathroom facilities with state handicapped accessibility standards. New sanitary waste facilities (septic tank and leach fields) may be required. If required, these facilities would be reviewed and permitted through the Butte County Environmental Health Department. Mitigation: None required. ■ Butte County Department of Development Services ■ Planning Division ■ C;,?7 13 Project: UP 98-20 Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact e) Storm water drainage? X Comment: See Mitigation 2. Mitigation: None required. 0 Solid waste disposal? X_ Comment: The proposed project will not significantly effect solid waste disposal. Mitigation: None required. g) Special Districts? X Comment: The proposed project will not have an impact on Special Districts. Mitigation: None required. 13. AESTHETICS. Would the proposal: a) Affect a scenic vista or designated scenic highway? — X Comment. There are no designated scenic vistas or highways associated with the project site. Mitigation: None required. b) Have a demonstrable negative aesthetic effect? Comment. Agricultural uses including livestock keeping is currently found in the general vicinity of the project. Proposed new structures such as the stables, arena and corrals are aesthetically consistent with buildings and structures associated with agricultural -residential uses in the area. Mitigation: None required c) Create light or glare? Comment: The proposal may include lighting the arena area for horse shows4raining etc. This type of lighting could be impact neighboring residents if not mitigated. Mitigation 6: All new exterior lighting associated with the horse stables and boarding (and the commercial feed store if approved) shall be shielded and directed downwards so that it does not spill off-site onto adjacent properties. 14. CULTURAL RESOURCES. Would the proposal: ■ Butte County Department of Development Services ■ Planning Division ■ cklp 14 • Project: UP 98-20 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? W. Significant Potentially Unless Significant Mitigation Impact Incorporated Less Than Significant No Impact Impact Comment: There are no know historic, archaeological or paleontological resources associated with the project site. The proposed project would not affect any unique ethnic or cultural values. e) Restrict existing religious or sacred uses within the potential impact area? X Comment: There are no existing religious or sacred uses conducted on or near the project site. Mitigation: None required. 15. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreation facilities? b) Affect existing recreational opportunities? X Comments: The project will not increase demand for neighborhood or regional parks or other existing or future recreational facilities; however, the project may provide new recreational opportunities. Mitigation: None required. 16. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or ■ Butte County Department of Development Services ■ Planning Division ■ co?f 15 • Project: UP 98720 Potentially Significant Impact endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? W Significant Less Unless Than Mitigation Significant Incorporated Impact No Impact Comment. As previously noted, the project will not impact the habitat of any species of animal or plant or eliminate any historical or prehistorical resources. b) Does the project have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals? X Comment: The project will not result in any short-term benefits at the expense of impacting long-term environmental goals. , c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects). Comment. There are no significant impacts which cannot be mitigated associated with the project. d) Does the project have environmental effects which will cause substantial adverse effects on human being, either directly or indirectly? I i X_ or cumulative impacts t Comment: The project will not result in environmental effects which will result in direct or indirect adverse impacts to human beings. I V. MITIGATION MEASURES AND MONITORING REQUIREMENTS: Mitigation I: Deny the request for a commercial feed store. If the applicant wishes to pursue revision of the current zoning regulation to allow a commercial feed store and/or an amendment to the General Plan policies regarding limiting non-agricultural uses, further environmental assessment will be required to analyze potential impacts to the preservation of agricultural resources. ■ Butte County Department of Development Services ■ Planning Division ■ &� 16 Project: UP 98-20 Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact Monitoring Program: No monitoring program is necessary for this mitigation if adopted. Subsequent environmental review would be conducted for the zoning and/or general plan amendment. Mitigation 2: Provide drainage studies as required by Reclamation District No. 833 and install improvements if necessary to ensure that there are no increases in peak drainage flows into the existing drainage facility. Monitoring Program: The applicant shall contact Reclamation District No. 833 for resolution of the on-site drainage improvements if necessary. The applicant shall provide the Butte County Development Services Department verification that the District concerns regarding on-site drainage have been satisfied. Mitigation 3: Limit the number of horses to be kept on the project site as part of the boarding request to 30 horses. Monitoring Program: The Department of Development Services Planning staff shall be responsible for field verifying the number of horses on-site on an annual basis. The applicant shall contact the Department if he/she wishes to increase the number of horses to 40 prior to accepting additional horses. On-going monitoring will be conducted by Planning staff when appropriate. Mitigation 4: The collection, storage and disposal of manure shall be performed weekly. The site shall be maintained in a clean and sanitary manner. The applicant shall comply with all regulations of the Butte County Environmental Health Department regarding livestock keeping. Monitoring Program: The Department of Development Services Planning staff shall be responsible for field verifying the condition of the project six months after use permit approval. The Department will review the site on an annual basis and will respond to complaint as necessary. Mitigation 5: The operation of horse shows, competitive events, training and other such group activities shall be limited to no more than 35 participantsiattendees. These types of activities shall be conducted no earlier than 8:00 a.m. or later than 9:00 p.m. Voice amplification systems shall be limited to the arena area and shall not exceed 65 db at all adjoining property lines. Any initial construction activities shall be limited to the hours of 8:00 a.m. and 5:00 p.m. Monitoring Program: By signing the conditions of approval for the use permit, the applicant is bound by the environmental mitigations, and therefore, will be responsible for monitoring the events held on the site to ensure time restrictions and maximum noise levels are maintained as approved. The Planning staff will respond to ■ Butte County Department of Development Services ■ Planning Division ■ 17 0. - Project: UP 98-20 Potentially Significant Impact complaints as necessary. Significant Less Unless Than Mitigation Significant Incorporated Impact No Impact Mitigation 6: All new exterior lighting associated with the horse stables and boarding (and the commercial feed store if approved) shall be shielded and directed downwards so that it does not spill off-site onto adjacent properties. The Planning staff will verify that the new outdoor lighting meets the above criteria as part of the final building permit approval. Specifications for the lighting maybe noted on project plans for review and approval by the staff. ■ Butte County Department of Development Services ■ Planning Division ■ �a 18 Project: UP 98-20 ►0 B. • Potentially Significant Impact Significant Less Unless Than Mitigation Significant Incorporated Impact No Impact 1. Type of Project: Use Permit 2. Proposed Density of Development: Not a residential project. 3. Amount of Impervious Surfacing: Unknown at this time. 4. Access and Nearest Public Road(s): Smith Avenue and Rio Bonita Road 5. Method of Sewage Disposal: Individual septic systems. 6. Source of Water Supply: Individual wells. 7. Proximity of Power Lines: To property. 8. Potential for further land divisions and development: Possible homesite segregation; however, none know at this time. 1 E K 4. 5. 6. 7. Q Terrain a General Topographic Character: flat, agricultural land currently without irrigation. Dry pasture land. b. Slopes: 0 -minimal c. Elevation: 120 feet above sea level. d. Limiting Factors: none Soils — a. Types and Characteristics: Class II b. Limiting Factors: No limiting factors known Natural Hazards of the Land a. Earthquake Zone: Moderate Earthquake Intensity Zone VIII b. Erosion Potential: Very low c. Landslide Potential: Low d. Fire Hazard: Low to Moderate e. Expansive Soil Potential: Low Hydrology a. Surface Water: Drainage ditch (Reclamation District No. 833 b. Ground Water: Characteristically 6-10 feet below surface c. Drainage Characteristics: Well -drained soil I d. Annual Rainfall (normal): 26 inches per year. e. Limiting Factors: None Visual/Scenic Quality: Good. Acoustic Quality: Good. Air Quality: Good, except when stagnant air conditions persist in the valley or agricultural burning takes place Vegetation: No significant vegetation - dry pasture land 9. Wildlife Habitat: Small birds and mammals common to valley grasslands and agricultural production 10. Archaeological and Historical Resources in the area: Low Sensitivity area. ■ Butte County Department of Development Services ■ Planning Division ■ 33 19 i • • ' l Project: UP 98-20 Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact 11. Butte County General Plan designation: Orchard and Field Crops ' 12. Existing Zoning: A-40 Agricultural, 40 acre minimum parcel size 13. Existing Land Use on-site: Home site, caretakers unit, accessory structures, horse pasture 14. Surrounding Area: a. Land Uses: Agricultural - orchard crops/residential use + b. Zoning: A-40. c. Gen. Plan Designation: Orchard and Field Crops d. Parcel Sizes: Large 15. Character of Site and Area: Valley grasslands developed with agricultural and residential use 16. Nearest Urban Area: City of Biggs 17. Relevant Spheres of Influence: Just outside the northern boundary of the City of Biggs Sphere of Influence 18. Improvement Standards Urban Area: N/A 19. Fire Protection Service: a. Nearest County (State) Fire Station: Unknown i b. Water Availability: Fire tankers only onsite wells. 20. Schools: Biggs Unified School District, Butte Community College District 2. 3. ENVIRONMENTAL REFERENCE MATERIAL — Butte County Planning Department. Master Environmental Assessment. Oroville, CA: J. Lawrence Mintier & Associates, et al. May 1996. 1 . Butte County Planning Department. Butte County General Plan. Oroville, CA. Land Use Element (1979), Circulation Element (May 1984), Open Space Element (December 1'1976), Conservation Element (1971), Seismic Safety Element (1977), Noise Element (1977). Butte County Planning Department. Butte County Zoning Ordinance. Oroville, CA. (Revised by Ord. 3176) ■ Butte County Department of Development Services ■ Planning Division ■ K11 Jac Feed Store in Biggs f' Would you like to see a feed store in Biggs? There is a Ix" possibility of a small unobtrusive feed and tack store v; r business on the corner of Smith Ave. and West opening fo ; ,� Rio Bonito. The feed store will accompany a riding arena and horse stable.' ` +r I �e- i I , ,i i i • • ice_ �- A A r • 4 Gr--k�,,u `6-��J5 9 �j f� ` I . / O.t. r i 4 5 5� t � 1 1 •` i July 13, 1998 Doug & Kari Wheeler, 3415 Smith Avenue Biggs, CA 95917 Re: Use Permit, AP 022-100-024, 025 Dear Mr. & Mrs. Wheeler: LAND ,gaffe C 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 The Clerk of the Board of Supervisors set public hearing for August 25, 1998, at 10:00 a.m. to consider your appeal of the Planning Commission's denial of a Use Permit to allow a feed and tack store as part of a boarding stable on property zoned A-40 located on the northwest corner of West Rio Bonito Road, Biggs. The meeting will be held in the Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California. Should you have any questions regarding this matter, please contact Craig Sanders at this office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, 4c-,� XL44� Lynn Richardson Planning/Administrative Support Service Assistant /Ir AGENDA REPORT TO: Honorable Chair and Planning Commission FROM: Department of Development Services DATE: May 17, 1998 REQUEST: Use Permit 98-20 Doug and Kari Wheeler (applicants and owners) on APN 022-100-025 &026: A request for a Use Permit to allow boarding and riding stables for 40 horses and a feed and tack store on property zoned A-40 (Agricultural -40 acre parcel minimum) located on the northwest corner of West Rio Bonito Road and Smith Avenue, approximately 1000 feet west of State Highway 99, Biggs. The project site is located within Supervisorial District #4. RELATED ITEMS: None FOR: Planning Commission Meeting of June 25, 1998 SUMMARY: Staff recommends approval of the request for boarding and riding stable for up to 30 horses (not including the applicant's existing horses) subject to the required findings and conditions of approval, and denial of the request for a feed and tack store finding that commercial stores are not allowed in the A- 40 zoning district pursuant to Chapter 24, Comprehensive Zoning Ordinance of the Butte County Code. The portion of the project which proposes the boarding and riding stables is consistent with the General Plan designation of Orchard and Field Crops which notes animal husbandry and pasturing are secondary uses for this land use designation and is also consistent with the Agricultural Element of the General Plan. Boarding and/or riding stables are permitted in the zoning district with a Use Permit and subject to the Animal Maintenance requirement of the Butte County Zoning Ordinance (Section 24-255). 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-3 (Agricultural Zones - A-40) which indicates that boarding and riding stable require a conditional Use Permit; and ■ Butte County Department of Development Services - Planning Division ■ PROJECT CHARACTERISTICS: This project is a request to allow boarding and riding stables for 40 horses and a feed and tack store on property zoned A-40 (Agricultural -40 acre parcel minimum) located on the north side of West Rio Bonito Road adjacent to the west side of Smith Avenue. The project is proposed to occupy approximately 6.7 acres located on portions of two parcels that total 29 acres. The horse boarding and feed store operation will front Smith Avenue which is a paved road, approximately 12-15 feet in width. The southern portion of the property adjacent to West Rio Bonita Road currently contains a 1500 square foot older home with several accessory structures, (including, but not limited to, a 800 square foot caretakers house and 600 square foot shop), all in deteriorated condition. The applicant's home and accessory buildings are located on the a separate parcel immediately north of the project site. Neighboring residences are located directly east of the applicant's homesite and further north on Smith Avenue. Dry pastures which are bisected south to north by an irrigation ditch, are located on the balance of the two parcels. According to the applicant, the property cannot be irrigated. A drainage ditch (Reclamation District 833) is located approximately 200 feet west and parallel of Smith Avenue. No flooding has occurred on the property. Surrounding uses are agricultural residential with prune orchards south and east of the project site. Horses are currently kept on the subject property and in the surrounding neighborhood. The applicant proposes to build portable horse stalls as needed to eventually accommodate up to 40 horses on the project site. The stalls would be 10' x 10' in size for a total of 4000 square feet of buildings. Proposed accessory uses would include a 250'x 150' riding arena, two corrals, a graveled parking area with a connecting access drive to a truck and trailer parking area near the proposed stalls. The applicant proposes to install six stalls preliminarily and anticipates the boarding of 20 horses by the year 2001. (Please see the attached existing and proposed site plans.) Horse riding activities including training, shows and competition may also occur. Additionally, the applicant is requesting to operate a feed and tack store in the existing shop on the property. In accordance with the zoning ordinance, there are no area requirements for the keeping of livestock on properties five acres or larger within zoning districts which allow livestock as a permitted right. Described below are the project and surrounding zoning, general plan land use designation and the existing land uses. Project: A-40 Orchard and Field Crops North: A-40 Orchard and Field Crops South: A-40 Orchard and Field Crops East: A-40 Orchard and Field Crops Ag -Residential and pasture Ag -Residential (Orchard beyond) Orchard - prunes Ag -Residential and Orchard -prunes ■ Butte County Department of Development Services - Planning Division ■ 2 C� • West: A-40 Orchard and Field Crops Vacant, Orchard and pasture (Further west is Agricultural Residential land use and A -S Zoning) ANALYSIS: This project is conditionally consistent with the "A-40" Agricultural zoning district which allows animal boarding and riding stables with a Use Permit and the General Plan designation "Orchard and Field Crops" which allows livestock keeping. However, the zoning district does not provide for commercial uses, specifically the request for the operation of a feed store. An amendment to the zoning ordinance to allow commercial uses either as a permitted use or as a use allowed with a Use Permit is necessary in order to consider the applicant's request to operate a commercial feed store. The applicant may, however, store and provide tack and feed for the horses that are boarded on-site as part of the Use Permit approval. It appears that the Use Permit request for the boarding and riding stables would not impact surrounding uses which are primarily agricultural in nature and include the keeping of livestock. However, the improvements proposed for the boarding, training and exercising of the horses, and the associated access and parking areas proposed on the easterly 6.7 acres of the property may be inadequate for the ultimate number of horses proposed (40). Additionally, traffic generation for related equestrian activities such as shows, training and similar events for up to 40 horses, could impact Smith Avenue. The applicant has noted that the total number of horses to be accommodated will depend on the need for such a sized facility in the future. Staff would recommend Use Permit approval for a total of 30 horses (not including the applicant's existing horses) at this time and allow the applicant to request a modification of the Use Permit at a future date to accommodate more horses if necessary. Policies within Agricultural Element of the General Plan direct careful consideration of uses other than agricultural production on the agriculturally designated properties. "In order to preserve the maximum amount of land for commercial agricultural production and to avoid conflicts, restrict non-agricultural uses in the Zoning Ordinance, including, but not limited to, water ski lakes, riding stables, golf courses, residential subdivisions, and industrial and commercial uses not directly related to agriculture on agricultural lands. Public uses, including, but not limited to, sewer treatment plants, drainage facilities, and energy generating facilities shall be permitted subject to a Use Permit". Such facilities shall be carefully located so as not to unduly interfere with existing or planned agricultural activities." (Agricultural Element, page AE -13) The existing site is located on the fringe of the City of Biggs. As discussed above, the area is a mixture of pasture land more intensive agricultural uses. Some orchards exist in the area, however they are not in immediate proximity to the stables and riding arena. The use of the site for riding should not interfere with any current agricultural practices on surrounding parcels given the existing buffer distances. As noted above, the use of agriculturally zoned land for "riding stables" requires careful consideration. A determination that a commercial feed store is a permitted or accessory use on agriculturally zoned properties, may have a county wide impact and should be considered through the General Plan and zoning code amendment process. ■ Butte County Department of Development Services - Planning Division ■ Reclamation District No. 833 has noted (in an adopted Resolution of the Board of Trustees) that "increases in peak storm drainage flows as a result of the increases in non -permeable surfaces such as streets, driveways, patios and rooftops" impact their drainage facilities. The District requests drainage studies be conducted for proposed projects to ensure that historic peak flows are not increased due to the development. If peak flows will be exceeded, then improvements must be made to the holding capacity of the facilities. (It should be noted that the District may not determine that the proposed project represents "urban development." An environmental mitigation has been included in the project's initial study which provides for the applicant to contact the District regarding stonnwater run-off for the proposed project.) The Public Works Department will require encroachment permits for the construction of all new or existing driveway approaches and a dedication of 30 feet of right-of-way from the centerline of Smith Avenue for this project. The Environmental Health Department has noted that bathroom facilities for employees and/or horse owners/riders is required. Additionally, a sewage disposal system may be required and a water permit if drinking water is provided for riders. The Fire Department will require building identification/addressing in conformance with the Public Resources Code 4290 be posted at the beginning of building construction and maintained thereafter and the provision of an all weather access to all structures, designed to carry a 40,000 pound fire apparatus at least 10 feet wide with.a 15 foot vertical clearance. ENVIRONMENTAL DOCUMENTATION: An environmental initial study has been conducted for this project and a mitigated negative declaration of environmental impact has been recommended pursuant to the California Environmental Quality Act. The following mitigations have been identified: Mitigation I: Deny the request for a commercial feed store. If the applicant wishes to pursue revision of the current zoning regulation to allow a commercial feed store and/or an amendment to the General Plan policies regarding limiting non-agricultural use, further environmental assessment will be required to analyze potential impacts to the preservation of agricultural resources. Mitigation 2: Provide drainage studies as required by Reclamation District No. 833 and install improvements if necessary to ensure that there are no increases in peak drainage flows into the existing drainage facility. Mitigation 3: Limit the number of horses to be kept on the project site as part of the Use Permit request to 30 horses. ■ Butte County Department of Development Services - Planning Division ■ 2 Mitigation 4: The collection, storage and disposal of manure shall be performed weekly. The site shall be maintained in a clean and sanitary manner. The applicant shall comply with all regulations of the Butte County Environmental Health Department regarding sanitation requirements. Mitigation 5: The operation of horse shows, competitive events, training and other such group activities shall be limited to no more than 35 participants/attendees. These types of activities shall be conducted no earlier than 8:00 a.m. or later than 9:00 p.m. Voice amplification systems shall be limited to the arena area and shall not exceed 65 db at all adjoining property lines. Any initial construction activities shall be limited to the hours of 8:00 a.m. and 5:00 p.m. Mitigation 6: All new exterior lighting associated with the horse stables and boarding (and the commercial feed store if approved) shall be shielded and directed downwards so that it does not spill off-site onto adjacent properties. RECOMMENDATION: Staff recommends the Planning Commission approve the application for a boarding and riding stable application for up to 30 horses (not including the applicant's existing horses) on APN 022-100-024 & 025 subject to the required findings and conditions of approval, and deny the request for a feed and tack store finding that commercial stores are not allowed in the A-40 zoning district pursuant to Chapter 24, Comprehensive Zoning Ordinance of the Butte County Code. FINDINGS: Section 1: Environmental Findings. A. An Initial Study was completed in compliance with the California Environmental Quality Act identifying potentially significant environmental effects that the project may have. Provisions and the design of the project and the conditions (and mitigations) added to the project will mitigate such effect to a level of insignificance; and B. The design and the improvements for the proposed project will not cause environmental damage to fish or 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 Mitigated Negative Declaration prior to making its decision on the project, and the Mitigated Declaration reflects the independent judgement of the County of Butte; and Section 2: Zoning Ordinance Findings. A. The proposed use will not impair the integrity and character of the zone in which the land lies, and that the use would not be unreasonably incompatible with, or injurious to, surrounding property, or be detrimental to the health and general welfare of the persons i Butte County Department of Development Services - Planning Division ■ 5 residing or working in the neighborhood or to the general health, safety, and welfare of the residents of the County; and B. The proposed project is a Secondary Use under the Orchard and Field Crops General Plan designation and is conditionally consistent with the A-40 Agricultural Zoning District. C. The request for a feed and tack store cannot be granted as commercial stores are not allowed in the A-40 zoning district pursuant to Chapter 24, Comprehensive Zoning Ordinance of the Butte County Code. Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this report, move to approve the Use Permit for Doug and Kari Wheeler on APNs 022-100-024 & 025 to allow the boarding and riding stables for 30 horses (not including the applicant's existing horses) as depicted in the site plan accompanying the application on 43 acres parcel zoned "A-40" Agricultural, 40 acre minimum located on the north side of Rio Bonita Road and west side of Smith Avenue, approximately 1000 feet west of State Highway 99. Attachments: A. Exhibit "A" Findings and Conditions of Approval B. Project and Surrounding Area C. Vicinity Map D. Site Plans - Existing and Proposed . E. Initial Study F. Reclamation Dist. 833 comments ■ Butte County Department of Development Services - Planning Division ■ 0 EXHIBIT A USE PERMIT Butte County Planning Commission • DATE: (Certified Mail Rec.) PERMIT NO. APN 022-100-024 & 025 ASSESSOR'S PARCEL NOs. Pursuant to the. provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Doug and Kari Wheeler is hereby granted a Use Permit in accordance with the application filed 2/17/98 to allow boarding and riding stables for 30 horses (not including the applicant's existing horses) as depicted in the site plan accompanying the application on 43 acres parcel zoned "A-40" Agricultural, 40 acre minimum located on the north side of Rio Bonita Road and west side of Smith Avenue, approximately 1000 feet west of State Highway 99. 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- % q�.„y 2. Unless othfwise provided for in a special condition to this use permit, all conditions must be V J completed�y the Permittee within 24 months of the delivery of the countersigned permit to the Permittee. 3. If any use for which a use permit has.been granted is not established within two years of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. 4. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. 5. Minor changes may be approved administratively by the Director of Development Services, the Director of Public Works, or the Director of Environmental Health, or designee, upon receipt of a substantiated written request by the applicant. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid, ■ Butte County Department of Development Services - Planning Division ■ VA and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. Conditions of Approval: The applicant may increase the number of horses to be boarded on the property to a total of 40 horses by submitting existing and proposed site plans to the Planning Division for administrative review. Upon field verification and finding that the increase in the number of horses on the property would not result in' an adverse impact on the property or surrounding properties, the planning staff may authorized the additional horses. 2. Meet the requirements of the Butte County Public Works and Environmental Health Departments. 3. The applicant shall provide an all weather access designed to accommodate a 40,000 pound fire apparatus with a minimum of 10 feet of width and 15 feet of vertical clearance. The applicant shall comply with the Public Resources Code 4290 regarding addressing. 4. Provide adequate off-street parking area/spaces (a minimum of six (6) spaces) and sufficient turn- around area for trucks and horse trailers on-site. A minimum 2" Class II aggregate base surface shall be provide for parking areas. 5. The applicant shall comply with all environmental mitigations and other applicable state and local ordinances, statutes and regulations. I hereby declare under penalty of perjury that I have read the foregoing conditions, they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Dated: Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Butte County Planning Commission Chairman CC: Land Development Division Building Division Health Department Department of Forestry ■ Butte County Department of Development Services - Planning Division ■ 0 3 i EDate' 04/16/99 ODevelopment Services Depapment Time 1:01 pm Applicant Billing Worksheet UP 98-20 * Doug & Kari Wheeler 3415 Smith Avenue Biggs, CA 95917 In reference to Use Permit, AP#022-100-024,025 Rounding None Full Precision No Last bill / / Last aging Last charge 04/02/99 Last payment / / Amount Date/Slip# Description 02/09/98 Teri B. / C #15254 Clerical 02/23/98 Steve H. / P #15512 Processing 03/09/98 Steve H. / P #15609 Processing 03/09/98 Teri B. / C #15653 Clerical 03/09/98 Paula L. / LR #15680 LAFCo Review 03/09/98 Larry P. / P #15702 Processing 04/06/98 Craig S. / P #16176 Processing 05/04/98 Craig S. / P #16755 Processing 05/18/98 Craig S. / P #16973 Processing 05/18/98 Lynn R. / C #17040 Clerical 06/15/98 Lynn R. / C #17501 Clerical 03/22/99 Dan B. / P #22484 Processing $0.00 HOURS/RATE 1.00 34.00 0.50 59.00 0.50 59.00 1.00 34.00 0.25 59.00 1.25 59.00 0.50 59.00 1.00 59.00 0.75 59.00 0.50 45.00 2.50 45.00 2.75 59.00 Page 1 AMOUNT TOTAL 34.00 29.50 29.50 34.00 14.75 73.75 29.50 59.00 44.25 22.50 112.50 162.25 DO NOT BILL i Date 04/16/99 Development Services Depaloent Time 1:01 pm Applicant Billing Worksheet UP 98-20 * :Doug -& Kari Wheeler (continued) TOTAL BILLABLE TIME CHARGES 9.75 TOTAL DO NOT BILL TIME CHARGES 2.75 $162.25 Date/Slip# Description QTY/PRICE 06/05/98 Teri B. / $G t 1 42.25 #17054 Publish Legal Notice in Gridley 42.25 ` Herald Page 2 $483.25 NO CHARGE TOTAL BILLABLE COSTS $0.00 TOTAL NO CHARGE COSTS $42.25 TOTAL NEW CHARGES $483.25 PAYMENTS/REFUNDS/CREDITS 02/17/98 Deposit - Receipt #16231 (700.00) 11/04/98 Refund/Claim Form to Auditor 216.75 TOTAL PAYMENTS/REFUNDS/CREDITS ($483.25) NEW BALANCE TOTAL NEW BALANCE $0.00 COUNTY OF BUTTE Oroville, California GENERAL CLAIM CLAIMANT: Doug & Kari Wheeler ADDRESS: 3415 Smith Avenue CITY & STATE: Biggs, CA 95917 DATE OF CLAIM: October 16, 1998 "2 SUBMIT CLAIM TO DEPARTMENT RECEIVING GOODS OR SERVICES IMPORTANT. SEE INSTRUCTIONS AJ1 zMA2V =9.2 DATE DESCRIPTION OF CLAIM DESCRIBE FULLY TO AVOID DELAY AMOUNT 10-16-98 Use Permit, AP#022-100-024,025 — File No. UP 98-20 - REFUND $216. 75 TOTAL $216.:t75 I, the undersigned, declare under penalty of perjury that the services or articles claimed have been performed or delivered, and that this claim is true and correct as stated. A 1 � Dated this day of rl v 19R, at Calif. I, the undersigned, hereby certify that, to the best of my knowledge, the services or articles specified above have been performed or delivered and that there is a Budget Appropriation [ ] or Specific Board Approval [ ] (Check one) for the same. Dated this `I T'"' day of P01j • 19 L8_ , at 62b--�t "`e- _Calif. Department Head or Authorized Deputy Dept. Code 480-001 Exp. Code 4210900 PAYABLE FROM General FUND DO NOT WRITE BELOW THIS LINE - AUDITOR'S USE ONLY DEPT. & SUB. PROJ. SUB. OBJ. CLAIM NO. INV. NO. INV. DATE ENCUMB. GROSS AMT. t Count �. u to �I W 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 October 16, 1998 Doug & Kari Wheeler 3415 Smith Avenue Biggs, CA 95917 RE: Use Permit, File No. UP 98-20 Dear Mr. & Mrs. Wheeler: The total cost for the processing of the above -referenced application is $483.25. Please sign, date, and return the enclosed claim form to this office. Once we receive the claim form, we will then process your refund in the amount of $216.75. Deposit on 2-17-98, Receipt No. 16231 $700.00 Professional Planner $206.50 Mapping $ 73.75 Clerical $203.00 Total $483.25 Refund Due $216.75 Should you have any questions, please contact Brian Larsen at 538-7601 Monday through Friday, between 8:00 a.m. and 4:00 p.m. Sincerely, Thomas A. Parilo Director of Development Services TAP"b Enclosure j:\docs\refunds\refund.wpd EDate 11/04/98 ftelopment Services DeparZin�it Time 12:54 pm Applicant Billing Worksheet UP 98-20"* Doug & Kari Wheeler 3.415 Smith Avenue Biggs, CA 95917 In reference to Use Permit, AP#022-100-024,025 Rounding None Full Precision No Last bill / / Last aging #15254 Last charge 06/26/98 Steve H. / P Last payment / / Amount $0.00 Date/Slip# Description HOURS/RATE 02/09/98 Teri B.'/ C 1.00 #15254 Clerical 34.00 02/23/98 Steve H. / P 0.50 #15512 Processing 59.00 03/09/98 Steve H. / P 0.50 #15609 Processing 59.00 03/09/98 Teri B. / C 1.00 #15653 Clerical 34.00 03/09/98 Paula L. / LR 0.25 #15680 LAFCo Review 59.00 03/09/98 Larry P. / P 1.25 #15702 Processing 59.00 04/06/98 Craig S. / P 0.50 #16176 Processing 59.00 05/04/98 Craig S. / P 1.00 #16755 Processing 59.00 05/18/98 Craig S. / P 0.75 #16973 Processing 59.00 05/18/98 Lynn R. / C 0.50 #17040 Clerical 45.00 06/15/98 Lynn R. / C 2.50 #17501 Clerical 45.00 'eWE, I 34.00 29.50 29.50 34.00 14.75 73.75 29.50 59.00 44..25 22.50 112.50 Page 1 TOTAL 1 Date 11/04/98 "elopment Services Depar" Time 12:54 pm Applicant Billing Worksheet Page 2 UP 98-2Q'* :Doug & Kari Wheeler (continued) TOTAL BILLABLE TIME CHARGES 9.75 $483.25 Date/Slip# Description QTY/PRICE 06/05/98 Teri B. / $G 1 42.25 NO CHARGE #17054 Publish Legal Notice in Gridley 42.25 Herald TOTAL BILLABLE COSTS $0.00 TOTAL NO CHARGE COSTS $42.25 TOTAL NEW CHARGES PAYMENTS/REFUNDS/CREDITS 02/17/98 Deposit - Receipt #16231 11/04/98 Refund/Claim Form to Auditor TOTAL PAYMENTS/REFUNDS/CREDITS NEW BALANCE (700.00) 216.75 $483.25 ($483.25) TOTAL NEW BALANCE $0.00 EDate 10/15/98 Development Services Dep-ccment Time 12:20 pm Applicant Billing Worksheet APL 99-01 * Doug & Kari Wheeler 3415 Smith Avenue Biggs, CA 95917 In reference to APL 99-01 of UP 98-20, AP#022-100-024,025 Rounding None Full Precision No Last bill / / Last aging Last charge 10/06/98 Last payment / / Amount Date/Slip# Description 08/10/98 Lynn R. / C #18451 Clerical 08/24/98 Teri B. / C #18570 Clerical 08/24/98 Lynn R. / C #18661 Clerical 09/21/98 Teri B. / C #19006 Clerical TOTAL BILLABLE TIME CHARGES TOTAL BILLABLE COSTS TOTAL NEW CHARGES PAYMENTS/REFUNDS/CREDITS 07/06/98 Deposit - Receipt #241746 TOTAL PAYMENTS/REFUNDS/CREDITS NEW BALANCE New Current period $0.00 HOURS/RATE AMOUNT 1.00 i 45.00 45.00 0.50 17.00 34.00 0.50 22.50 45.00 0.50 17.00 34.00 2.50 (50.00) 51.50 Page 1 TOTAL $0.00 $101.50 ($50.00) TOTAL NEW BALANCE $51.50 September 29, 1998 Doug & Kari Wheeler 3415 Smith Ave. Biggs, CA 95917 Re: Use Permit, AP 022-100-024 & 025 Dear Mr. and Mrs. Wheeler: N L'ounty .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 98-20 to allow Use Permit for a boarding stable for 30 horses with a riding stable. (j 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. L P 084 635 300 Sincerely, RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL Thomas A. Parilo i )See Reverse) Director of Development Services Ten Bndenhagen Office Assistant III Enc. cc: Land Development Division Building Division Environmental Health Department of Forestry j:\temp\up7 Sent to Wheeler Street 019. Smith Ave.- ve.-P.O.. P.O..State and ZIP Code Biggs, CA 95917 Postage S Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered Return Receipt showing to whom. Date, and Address of Delivery TOTAL Postage and Fees 5 Postmark or Date 09-29-98 M MEMORANDUM PLANNING DEPARTMENT TO: Butte County Assessor's Office FROM: Butte County Planning Department SUBJECT: Doug & Kari Wheeler, UP 98-20 DATE: September 29, 1998 Pursuant to Section 65863.5 of the Government Code, the following parcel identified as 022-100-024 & 025, was: Rezone from to zoning district. Granted a variance to -X Issued a conditional Use Permit for a boarding stable for 30 horses with a riding stable , on the northwest corner of West Rio Bonito Rd. and Smith Ave., Biggs,A-40 (Agricultural -40 acre parcels) r. - ..��. _"E. - DATE -.a t � � f t a r 1 r ,: RECEIPT NO. v5 -1 I4 y`i :%r'. .ictr f Ir.:� rY � 1' '2�'� � �� ?l �y I�T+tt r :...;... ,..a'..e• . ..: :.... ..: ..: TOTAL PUBLIC LAFCO RECEIVi WORKS 'Ii ';.T...t� _ '�. J QQ��s c� 1 ��p ��r J 45(iv' � . jVr {S-�d., �•-'S �... t.,.t:. :-o-. ;4..: UBH VARIANCHS PERMITS �: 4.4. i r ,�°1�• � "�+' a�'z�f� ;.... .'>,<<,... vu BLlc DOCUMENTS y: :.d. � � .�� r. t G3' x1 � ��. .:/.... �ZONINc .+�t.� t' a�. `��, KEALTK 'S• Ac7 , c. `� ...."117:. oTNeR ."q• ! -� �t i' ., CfTr, YY.'Fp{•o's'.'�Sn jet/// �� / / L�r�-.)� y�x6"!� vStY��rM�C;•�. - -APPLICANT y1-c1Y 'F� }. -�'1 rt �� d' 1F{,. . r..t . u..�.fN f. RECEIVED FROM m RECEIPT 16620 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING ISSUE BY DEPART RENT OF DEVELOP ,<a..NT SERVICES BUTTE COUNTY UMFORNI APPLICATION APPLICANT: Agent information to be provided is on other side: APPLICANT'S NAME ( If applicant is diff t from owner an affidavit is required.) ASSESSOR'S PARCEL NU BER e en o - v -o�Y AD R S CITY. STATE & ZIP CODE: FILE NLWBER: (FOR OFFICE LSE, NAME OFP OPOSED PROJECT any. ) TELEPHONE w (535) 868 LOCATION OF PROJECT ( Major cross saata and Add if any ) C,o9-ner aiW. Rio Oon-,A aro i l h x— r.F1t,XFR AI 94FnRMA110N REOLJIRED OWNER'S NAM T)ou, j-Qr I TELEPHONE (5-3o) 11 i f e Cis!to.. l.Gttr- `I�.ChYw\�,Q\ ADDRESS: I CITY. STATE t ZIP CODE. , -!' 3y I 1 G C's -! ZONE GENERAL PLAN EXISTING LAND USE SRM SIZE t to Square Feet or Arcs R 0 �� n p e, S AOLncro . ✓v E STLtiG STRt✓CTURES (,in Square Foot) s� PROPOSED 1JCiLRES ( in Square Feer )-Tow 2 I S.00 �� age � 00 if (Check One) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER PROPERTY 1S OR PROPOSED TO BE ON SEPTIC tM PROPERTY IS OR PROPOSED TO BE ON WELL WATER ❑ GENERAL PLAN AMENDMENT ❑ REZONE tg USE PERMIT ❑ MINOR USE PERMIT ❑ VARIANCE ❑ MINOR VARIANCE ❑ ADMINISTRATIVE PERMIT ❑ DEVELOPMENT AGREEMENT APPLICATION REQUhb LbIJ ❑ TENTATIVE SUBDIVISION MAI' ❑ TENTATIVE PARCEL MAP ❑ WAIVER OF PARCEL MAP ❑ BOUNDARY LME MODIFICATION ❑ LEGAL LOT DETERMINATION ❑ CERTIFICATE OF MERGER ❑ MINING AND RECLAMATION PLAN ❑ OrT>E�8 PROJECT U1r51LKIYIIUN FULL DESCRIPTION OF PROPOSED PROJECT (Anach necessary sheets. size of parcels.) If this application is for a land division . describe the number anJ ' ' Sj Oft i e } Cis!to.. l.Gttr- `I�.ChYw\�,Q\ eA kc) acd t f� C�xc a G\\ C r\A tanning Division UWNCK t.:CKIWA.Aliv" I CERTIFY THAT I A.kt PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNEK uF ntJ: AHU\,FL bLLJC:RIBEU'Frktn'LK I't I FURTHER. I A0LNO%%1EDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE � Pv L1,F�Uk,%tA rw% Ib I California ACCURATE. (U an &dent u to be autlsocsud. eauute &n sttidsvit of &uthorwuoo and inJudc the adiidsvu wrlh this a liauun . orOv111e, DATE: IID rl a' SIGNATURE: fl �L • f u a a �I 0 I I if, f� • COUNTY OF BUTTE ENVIRONMENTAL INFORMATION FORM (To be Completed By Project Applicant) Date Filed -r!4/0/28 General Information: 1. Name and address of.owner, and/or deve)lope and/or project sponsor 2. Address of pkOject: --3 'Z, kith- -1 Assessor's Parcel Number: T O @a - 1 0 0 - o a -( 6-5 QW1 &- as Ln}5 3to 37 38 39 ,kj 3. Name, address, and telephone number of person to be contacted concerning this project: sup► o R'(„�s - ►1 I 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: l��o.n cl tt5 -P- 'P� r m i -1 5. Existing general plan designation: 6. Existing zoning district: 7. How is land currently used? I Qx\A:p G� - L -%-r C, l,> i t- h thho12. P for which this form is filed): Project Description: 9. Site size: fl r 6-y_ . Q c• r (Acres/Sq. Feet) 10. Off-street parking spaces: Full size: �� Compact: Total: 11. Plans attached Yes No _ 12. Proposed development schedule -, 13. Associated projects 14. Anticipated incremental or phased development ti Attach description of project containing the following information: 15. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected. 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area and loading facilities. .17. If industrial, indicate type, estimated employment per shift, and loading facilities. Planning Division o - 0_-tto c,4-ycLI ��-� G r a 17 1948 G Butte County Department of Development Services C Planning DivisionUroviil8, California 1 1.8. 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 checker yes (attach additional sheets as necessary). 0 Butte County Department of Development Services C Planning Division Z 2 YES NO 20. Change in existing features of any hills, buttes, canyons I `, or substantial alteration of ground contours. _ �( 7 21. Change in scenic views or vistas from existing residential lands + areas or public or roads. __ 7 22. Change in pattern or character of general area of project. Z .23. Significant amounts of solid waste or litter. _ ' 24. Change in dust, ash, smoke, fumes or odors in vicinity. _ 25. Change in bay, lake, river, stream or ground water quality or quantity, or alteration of existing drainage patterns. _ 26. Substantial change in existing noise or vibration levels u in the vicinity. 27. Site on filled land or on slopes of 10 percent or more. _ X 28.. Use of, or disposal of potentially hazardous materials, such as toxic substances, flammable or explosives. _ 29. Substantial change in demand for municipal services fire, sewage, including districts). (police, water, etc. special _ 30. Substantially increase fossil fuel consumption X (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. _ Planning Division F E 9 17 1999 ®roville, California 0 Butte County Department of Development Services C Planning Division Z 2 Environmental Setting: (Attach brief description) 32. Describe the project site as it exists before the project, including information on topography, soil stability. plants and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site anc the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepteo. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historica: 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, rea- yard, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits, present the data and informaticr required for this initsal evaluation to the best of my ability, and that the facts, statements, and information presented are- true r:true and correct to the best of my knowledge and belief. Date Signature for K:\FORMS\SUBMITTAL\ENV-INFO PAr t9 i1- uklf til u s e of S 10r)1. !9/�s� Taw r �►vc r4✓ce,l h tis 1 Sia �l 50014.4 �_Vft A Jitck P.,tnfi-j 200" Srtt; if k 1� rK.rtn r ►'� ��r�� sm i �4 live, u cr✓e4 *'y rw I�Lo kt.4 bu rlUi i2G WVoed, 33. r J&tk �lR �tsu�►1 -ro 4�, We-, t5 A Dt _i&_ _J8qr inw , t Prztn -e_s 4- 3 .of� .pwcr✓1 s., covtn�e �►� �0 �. Trees. 0 Butte County Department of Development Services 0 Planning DiviMmaning ®ivision s F E B 1 7 1998 Oroville, California COUNTY OF BUTTE ENVIRONMENTAL INFORMATION FORM (To be Completed By Project Applicant) Date Filed General Information: '04 10 / /28 1. Name and address of owner, and/or developer, and/or project sponsor: 2. Address of pOject: Assessor's Parcel Number: O a a - 1 0 o - o a 4 -( 65 - I - 0 a_ Ln4S_ 3tp,37 3. Name, address, and telephone number of person to be contacted concerning this project: csuQ [A,lQno oR - 111 to 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: limo n cA U5 Q 'V2er 5. Existing general plan designation: / \ 6. Existing zoning district: 7. How is land currently used? A v� 'j� cab 4 Lr P. L,) i i h 8 for which this form is filed): Project Description: 9. Site size: o r mac, o Q r r n S. (Acres/Sq. Feet) 10. Off-street parking spaces: Full size: /%� Compact: Total.- 11. otal:11. Plans attached Yes No _ 12. Proposed development schedule't' ' l_. 1!a.,C1! ojaee(1 S2 e d nYP ^- kKui 13. Associated projects 14. Anticipated incremental or phased development Attach description of project containing the following information: 15. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected. 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area and loading facilities. 17. If industrial, indicate type, estimated employment per shift, and loading facilities. Planning Division ❑ Butte County Department of Development Services C Planning Division roviil8, California 1 i • 18. If institutional, indicate the major function, estimated employment per shift. estimated occupancy loadinc_ 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 checkec yes (attach additional sheets as necessary). YES NO 20. Change in existing features of any hills, buttes, canyons \ , or substantial alteration of ground contours. _ X( 7 21. -Change in scenic views or vistas from existing residential \, areas or public lands or roads. _ �( 7 22. Change in pattern or character of general area of project. Z .23. Significant amounts of solid waste or litter. _ ' 24. Change in dust, ash, smoke, fumes or odors in vicinity. _ �( 25. Change in bay, lake, river, stream or ground water quality or or alteration of existing drainage quantity, patterns. _ 26. Substantial change in existing noise or vibration levels in the u 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. i( (electricity, oil, natural gas, etc.). _ 31. Relationship to a larger project or series of projects. _ Planning Division FEB 17 1998 Oroville, camornia 0 Butte County Department of Development Services C Planning Division r 2 1 � M Environmental Setting: (Attach brief description) • 32. Describe the project site as R exists before the project, including information on topography. soil stability. plant and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site an the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be acceptea. 33. Describe the surrounding properties, including information on plants and animals and any cultural. historica or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one•famil, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set -back, re yard, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and informatic required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented at true and correct to the best of my knowledge and belief. Signature for K:\FORMS\SUBMITTAL\ENV-INFO 3z,P�.} !� all" - 8( i 6�t� Q� 1P1%A ro-sW �, �►�� wit h � A 15-00 � hack .4 6,10 V 1*V1 -r'f ld�c- en n nczJ o�G 14 �'AAee. rs its Gin /0� er4ri�w To SMI >Fti lifft, Cwt rrc.�l fy no KLo rG l4 rc.f� C,14,0l7Uf- %G f r rA64' P� 33. r &(k tie C6CX-4_tk k- Cif to to dorA -2k Lsfr;� Ib A,t_ wes f s dot n 0 I tclt -,e, 6"1w 17th , pyux{s 'S A- lt i A nel r l,Gl'I.G CI rcti >� rR. + p 3 Of K /B 'CGS. cortn�fr� %. Trees. 0 Butte County Department of Development Services 0 Planning Divigmaning Division 3 FEB 1 7 1998 Oroville, California A-40 OFC J Op � UP 98-20 AN 022-100-024 & 025 Doug & Kari Wheeler A-40 A-40 t OFC --------- Fcan-p- D' 0 ---- -------------- - - --- - - - - - - - 7- ect b xatli )n ........... :4 U-IVQ4: 5 022-1 —E Pi oad -2 A-5 F AR 0 i«1 E P% -,+V F E3 R-1 kRB st—E 0;--. Pact mmm��Im all A-40 OFC A-3 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Public Works FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Doug & Kari Wheeler, UP 98-20 DATE: February 19, 1998 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 ori property zoned A-40 (Agricultural -40 acream=W located on on the northwest corner of West Rio Bonito Rd. and Smith Ave., Biggs, identified as APN 022-100-024 & 025. Supervisorial District No. -4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON June 25, 1998. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN March 5, 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): 01 By: aW Date: PlanniM 311 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-71-f t B • . �$ ©ro ;e, California.. BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Doug & Kari Wheeler DATE: February 19, 1998 AGENT: APN: 022-100-024 & 025 FILE #: UP 98-20 PLANNER: PROJECT DESCRIPTION: Use Permit for a boarding stable for 40 horses with a riding stable and a feed and tack store Those items checked are conditions of approval. PLEASE CONTACT THE PUBLIC I WORKS DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS r A. STREETS 1. Prior to the issuance of building permits obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. 2. Prior to the issuance of building permits deed to Butte County, in fee simple, 3o feet of right-of-way from the centerline of SM 177t AlIff vL-1 The rrighf of —3. Prior to the issuance of building permits submit road and drainage improvement plans for the installation and construction of the street frontage improvements on to standard, including but not limited to P.C.C. curb, gutter and sidewalk and the required street section for parcels with gross acreage of one acre or less. Construct or install the required improvements. —4. Prior to the issuance of building permits dedicate a one foot "no access strip" or relinquish abutters rights to Butte County, along the frontage of parcels , except at approved access points. B. DRAINAGE _ 1. Prior to the recordation of the issuance of building permits a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. —2. Prior to the issuance of building permits establish 100 year floodplain elevations and the lowest floor elevations for any structures. Show on the site plan map for building permits the elevations (by contours) and the location of an accepted NVGD benchmark and a temporary benchmark on-site. 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 a legal parcel. 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. BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION Environmental Health FatoAZ: Butte County Planning Division RE: Request for Comments on a Development Application: Doug &Kari Wheeler, UP 98-20 DATE: February 19, 1998 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 se cannot be submitted within the time frame given, or if additional information is date indicated below. If a respon needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for 1 for 40 ors t i h a rid'n stable a d a f d and to k store on property zoned "" "Iteral 40 acre na_rcelsl located on 3rner of �x/est Rio Bomto Rd �� 4mith Ave Riggs, identified as APN -100-024 & 025. Supervisorial District No. A THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check1998) _X_ PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON 'ung, COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN Mh 5ar , 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 ages if necessary)*- Z -1,,, % � G 1 c �R � 6• ,,a V� An S 99 ,.X-Nf ca. Date: By: 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 Planning Division MAR 0 11998 Oro-A'P,, Galibr" 7Jam. ��Y/0 1, R G H 1 .0 U' � 0�� •. ' • 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: Doug & Kari Wheeler, UP 98-20 DATE: March 10, 1998 CONTACT PERSON: Stephen Hackney 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. t 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 boarding stable for 40 horses with a riding stable and a feed and tack store on property zoned A-40 (Azdcultural-40 acre pamelsl located on on the northwest corner of West Rio Bonito Rd. and Smith Ave., Biggs, identified as APN 022-100-024 & 025. Supervisorial District No. A. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON June 25 , 1998. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN March 26,1998. 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): Plannjnn9 nj,,;, - MAR 16 e Oroyille, Califnjni, Q I By: Date: 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Doug & Kari Wheeler DATE: February 19,1998 AGENT: APN: 022-100-024 & 025 FILE #: UP 98-20 PLANNER: PROJECT DESCRIPTION: Use Permit for a boarding stable for 40 horses with a riding stable anda feed and tack store Those items checked are conditions of approval. PLEASE CONTACT THE BI 1TTE 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 42909, and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. i< 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. 1!1!T 11: C1)tiNTV I- OF DEVELOPMENT SERVICES 1'-ANNING DIVISION TO: l:ecla:uativar i%is!t'icl t'•;;:? I'ROrINI: 1.3tntc Cou,rtV Nanuin" Ile : 1:c c;uest for Com in.crits cru- f;,::.-!-,,pnient Application: Doug & Kari Wheeler, UP 98-20 DATE: (`larch 10, 19q,4 CONTACT PERSON: Stephen Hackney "Iitc Yi;t;:nin,, Division has rcceiV('d a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contains kl in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate enviromne-wall 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 completc 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 fo or 40 horseq with a riding stable and a feed and tack store on property zoned A-40 (Agricultural, -A0 gcxg_WrC_QW located on on the northwest corner of West Rio Bonito Rd and Smith Ayc_-, identified as APN -22.11?1�2L 025. Supervisorial District No. 4. THIS ITEM HAS BEEN '1'ENTATIVi;LI' SCI.IEDULED FOR A HEARING BEFORE THE (check one) . _X_ PLANNING COMMISSION - DEVELOPMENT REVIEW COMMITTEE ON June ; 1998. COMMENTS, Ili ANY, ARE REQUESTED BY NO LATER THAN March 26,1998. If no comments or communications are received by the above date, the asstimp' tion will be'made that your agency has no comment. COMMENTS (Attach additional pages if necessary): Please see the attached Resolution adopted by Reclamation District No. 833 on August 31, 199'3 8 Gahm, iia By: RECLAMATION DI* R: -CT ---NQ_- 833 Date: March 30, 1998 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 RECLAMATION DISTRICT NO. 833 RESOLUTION PEAK DRAINAGE FLOWS FROM URBAN DEVELOPMENT WHEREAS, Reclamation District No. 833 was established and designed as an agricultural drainage system; and WHEREAS, urbanization is occurring at various locations within the boundaries of Reclamation District No. 833,' especially in the vicinity of the cities of Biggs ands Gridley; and i WHEREAS, the facilities of Reclamation District No. 833 drain into the Butte Sink which is flooded several times each year by water from the Sacramento River spilled into the Butte Sink through the Moulton and Colusa weirs by. the United States,Bureau of Reclamation; and WHEREAS, the flooding of the Butte Sink by the United States Government causes water to flow backwards several miles towards Biggs and Gridley; and WHEREAS, the urbanization along Butte Creek in the Chico and Durham area sends increased peak flows into the Butte Sink during times of flooding, thereby, decreasing the holding capacities of the sink and causing faster backup _conditions in the District's drains; and WHEREAS, the urbanization within the boundaries of Reclamation District No. 833 has caused increases in peak storm drainage flows as a result of the increases in non - permeable surfaces such as streets, driveways, patios and rooftops; and WHEREAS, Reclamation District No. 833 has received complaints from landowners within the District of new flooding conditions occurring at the location where the increases in peak flows from urbanization within the District meet the reverse flows from the Butte Sink; NOW THEREFORE, the Board of Trustees of Reclamation District No. 833 adopts the following conditions for. urban development: 1. Drainage studies must be presented by the proposed development and reviewed by the District's consulting engineer which establish historical peak flows from the proposed development site. 2. No increases in peak drainage flows from the proposed development site can be accepted into the District's drains. 3. Offsite improvements in holding capacity may be accepted by the District as mitigation of increased peak flows from the proposed development site on a case by case basis. PASSED AND ADOPTED this 31st day of August, 1993 by the following vote: Ayes: 3 Noes: 0 r-7 Abstain: O��a'�` - Absent:, 1""0 RECLAMATION DISTRICT NO. 833 By Charles H Johnson, Jr. President • BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: LAFCo FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Doug & Kari Wheeler, UP 98-20 DATE: March 10, 1998 CONTACT PERSON: Stephen Hackney The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: L 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 boarding stable for 40 horses with a riding stable and a feed and tack store on property zoned A-40 (Agricultural -40 acreaR reels) located on on the northwest corner of West Rio Bonito Rd and Smith Ave„ Biggs, identified as APN 022-100-024 & 025. Supervisorial District No. A. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON June 25 , 1998. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN March 26,1998. 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): .a O"V�q m2h �S Planning Division IS -8 elf e, Uaiiwmia By: ��/ Date: t L11q cl 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 9 r � 1O G 00 o • 0vuaf a [e.e01• ■ oPlv'IC 'i a, eenoe of. a r now �) - +lmsm, 6 [eel• � a■ .eln ao. an 4m _ of 0;I1 _ SURVEYOAS STATEMENT su D C'.. y C^ T a[K+[sE:+TS • $y0y[. y.DE ev yE 04 L'NDER [•0< CONEOAww..,EMEW L11D sue,. y.cr ]. •.,E 4EOI45T D. E. 4f01a� sC■ir1E I 9 5 ql a ea i SMITH AVENUE i� I I ' ' Fq M W Q N a .J. � hti Le 40C Eo 1 ' a1 F, in SSD N 10 ' " 0c) I .a C1. Z g p � rs.i co 0. e ' U 1 ls.lsm�11 i I �' 3n.13 -ten I 4 ` r -- LI & I 1 1 I I , C q of In I C r � 1O G 00 o • 0vuaf a [e.e01• ■ oPlv'IC 'i a, eenoe of. a r now �) - +lmsm, 6 [eel• � a■ .eln ao. an 4m _ of 0;I1 _ SURVEYOAS STATEMENT su D C'.. y C^ T a[K+[sE:+TS • $y0y[. y.DE ev yE 04 L'NDER [•0< CONEOAww..,EMEW L11D sue,. y.cr ]. •.,E 4EOI45T D. E. 4f01a� sC■ir1E I 9 5 ql a ea i SMITH AVENUE i� I I ' ' Fq M W Q N a .J. F Z •A Le 40C I 1 ' a1 F, in SSD , I 0c) I .a C1. O� ' 9i �� r � 1O G 00 o • 0vuaf a [e.e01• ■ oPlv'IC 'i a, eenoe of. a r now �) - +lmsm, 6 [eel• � a■ .eln ao. an 4m _ of 0;I1 _ SURVEYOAS STATEMENT su D C'.. y C^ T a[K+[sE:+TS • $y0y[. y.DE ev yE 04 L'NDER [•0< CONEOAww..,EMEW L11D sue,. y.cr ]. •.,E 4EOI45T D. E. 4f01a� sC■ir1E I 9 5 ql a ea i SMITH AVENUE i� I I ' ' 1 w /l0�– —DST Ot FI�Igo0 1Y4L Al B.._oJ A. OE WOy a .J. 1 •A I 1 ' a1 F, 1 I , I 0c) I .a C1. O� ' 9i �� • � rs.i 0. I —I I S • I I � & I 1 1 I I , 1 I q i I C 1wr.ls M ,wer . w.» rnaq rat w 11 002v or Ie0•e• of M. [ew.ee telcl 9 P1] 52M 16 LOT 42 6 Y 107 `9J �(• Y� ,47n e�7 .11 13 w /l0�– —DST Ot FI�Igo0 1Y4L Al B.._oJ A. OE WOy a .J. �V�w� •A ETK,:r.kERtM: _ sEaww9�=-}asz J ,J fA4 wNvt'rurG eNNINf. COUNTY SURVEYORS STATEMENT sic"" a' ws YE"J E J[.— F!?. ;• q -•� SUJ>,FTOcs Cr[TMS S7 O E.►6iltY92 el7.w C Cw:ns TDIIZe �' , /'I 's /•I. . =o sa i RECORD OF SURVEY LOTS 37. 38, 39. 40. AND A PORTION OF LOT 36• ORANGE LAND COLONY": BOOK 4, NAPS PACE 63, LYING IN SECTION 12, T18N. RZE. SI.D.M., IN THE UNINCORPORATED AREA OF BUTTE COUNTY, CALIF. FOR ED MArrWGLY RECORrms DERS STATEMENT PLED w /l0�– —DST Ot FI�Igo0 1Y4L Al B.._oJ A. OE WOy LYN.ITG•YG TIE •EOu[!T'J. .-6K.Bw•n G. I,7 ,/I. ETK,:r.kERtM: _ sEaww9�=-}asz J � fp wNvt'rurG eNNINf. �CpM�JCw'KE (�W[yeeyy .a.: •:r ...:cx 211' 31'I1�14I1,1 111u�,SinYri7l,�,�,�,1,�,�,9 r INCH 51 1 111 1 1 1 i 1 1 t` 1'1 ■wr1 11 11 folio 1 1 1 1 g r.ou■ I I 1 1,1111, 1 1 111 1,1 fill, 1 1 Jeff 11 I 1�3 1��' 1�5� l�fr� lI7 I81�111911111 'iIilll 210 211 212 1 213 121.5 2it3 BASIS OF BEARING Tm C2NTffiLNe Or SMITH AVENUE TAX= BWMZX FORM DImCATTO AS N wash' D PLO (Ra. e^ SEE DETAD. Ir SEE NOTE 'Y OF 1 Lot b RMR YAGCM L7 4205/(Ser QARJrow sola sr.lam L3 az6r 1Ho0H OeT011aflm aNLr(A pO. 7/4. OAP Pa (Ia.Ba) N av41'IS D fRa.r) 1>b w 1].S25 !BSC) BE ai MAPS PG. le ( � 3 g A OF LOT 36 a.oa ACRES Q& SEE DETAIL 'A N 6741'76'9 (In 1350.54' I as _, _--------- 1345' (RD) --------- OM BE 76. YAPS PG. u LOT 37 (m) R 120. MAPS PO. eo. eel .173. 10.16 ACRES ^ � N 6742'2Y E (M) 17aa.ar ' sRe l . ash to q2 � tCl d Ph'A76r n 1015 ACRES FO ]/i I P. 131200 PGI IPS R..R7) \ ' �\ artp7 :l '0e is V 1.'T AMUI u ..7e PGH 1R..Ra / jJ �t ACRD % 42RL . 0 -._ �.._�. .�.. .).—..r..A, �y:;y-'�..-w:LiJ.�i'i':.1✓/::�3�I��t�Ji�,�ti �Vj. •.I �\,��.�r�,!�i'Al)�•. �) � S. .)' . �•''�1: 'w. t�•'.!1:�.�.r �S �r 1 MAPS 60 � s2 FD. (20) a I3 4M8PDB IM. 1 1 SEENOTE Ic .W w(BeI > N � i i LP�•� E- t~ V1 SWIM) i 31 Co. IOT N RR spam LS .me .'I—" ten / \ 7i�ii j��j) ; Fes Idet ) T.s w(lo) ID R`:iDC1 sol>Q \AS 44'1861 PER (Ra —R W.'7S a 1R 93.84.29) IW w'lBa) 1317.07'1871 ISU,b'IR01� \ W. RIO BONITO ROAD \ SEE CE: AIL 'D' Bwe '1: 0®3 PACE 0 MAV I`. len ,- calm• Po 93 R (.L C.F 1tl .-Y 1HAJD ' N 6716 r Ser ]].]s' ! J Y w]P ;e' • reel vot. n N w7u • Ip21 ;Rtwl �: •; z77x wlaw LEGEND POINT Y INVICAM '`SET1/r SEE DETAD. Ir SEE NOTE 'Y OF 1 Lot b RMR YAGCM L7 4205/(Ser QARJrow sola sr.lam L3 az6r 1Ho0H OeT011aflm aNLr(A Ull (JIAIR.TID(R) N av41'IS D fRa.r) 1>b w 1].S25 !BSC) BE ai MAPS PG. le I —•— Fa4i t1NB • Im 2w (8621) --.—. •PORTION ° A OF LOT 36 a.oa ACRES TO{ N 6741'76'9 (In 1350.54' _--------- 1345' (RD) --------- OM BE 76. YAPS PG. u LOT 37 (m) R 120. MAPS PO. eo. eel .173. 10.16 ACRES ^ � N 6742'2Y E (M) 17aa.ar 1744.!' (Ra) 8" LOT 38 1015 ACRES t N 6W47'0l' E (MJ 135509' 1744' (RS) s" LOT 39 - `.YF°1 ACRES Y 5747'71' C Y 1754.77' 1747• (Ra) AR&st co LOT 40 &fir OR w Fn <93 al 10.11 ACRES . S avow E IRSI 1ST Ii �( N av w•7r L (Bain 172705' i\ �— rm T isialRpJta - FD. (20) a I3 4M8PDB IM. 1 1 SEENOTE Ic .W w(BeI > N � i i LP�•� E- t~ V1 SWIM) i 31 Co. IOT N RR spam LS .me .'I—" ten / \ 7i�ii j��j) ; Fes Idet ) T.s w(lo) ID R`:iDC1 sol>Q \AS 44'1861 PER (Ra —R W.'7S a 1R 93.84.29) IW w'lBa) 1317.07'1871 ISU,b'IR01� \ W. RIO BONITO ROAD \ SEE CE: AIL 'D' Bwe '1: 0®3 PACE 0 MAV I`. len ,- calm• Po 93 R (.L C.F 1tl .-Y 1HAJD ' N 6716 r Ser ]].]s' ! J Y w]P ;e' • reel vot. n N w7u • Ip21 ;Rtwl �: •; z77x wlaw LEGEND POINT Y INVICAM '`SET1/r RMR YAGCM L7 4205/(Ser QARJrow sola sr.lam L3 az6r 1Ho0H OeT011aflm aNLr(A Ull (JIAIR.TID(R) BE ai MAPS PG. le M BE 57, MAPS PC. 71 (e» R71. MAJ9 PC. Ao -� 014) BE toe MAP! toPC. 97 (PS) Q 4. MASS PG. e7 ZRE & MAPS pC. IM VICINITY MAP I OM BE 76. YAPS PG. u (m) R 120. MAPS PO. eo. eel .173. (b) BE 42, MAN M. b SCAU 1- NOTES 1) OTHER THAN AS SHOWN, NO ArMIPT HAS BEEN MASK TO SHOW EASEMENTZ rNAT MAY EFFECT THE [ANDS SHOWN : EREO.N 2) A SUBSFANrLAL ENCROACTDRNT BY OTHERS ALONG THE NORTH {LIE OF THESE IANDS APPEARS TO BE OF LONG STANDING AND MAT EFFECT THE OWNERSHIP. BOUNDARY. OCCUPATION AND on USE or 7H"e LAMM 7) FOR DETAIL .SEE :I.ELT 2. 41 TANTE LYLNC BrHDH THE UIDS OF SMITH AVENUE ARE SUBJECT TO T.iE USE BY (1THe" AS PUB:iC HIGHSAYS PER (R1 )•. RECORD 01F 'SURVEY y - • DECLARATION OF FEES I& (California Fish and Game Code Section 71LL NAME AND ADDRESS OF APPLICANT j SEP 231998 Doug & Kari Wheeler , P-1" 3415 Smith Ave. CA J. RJ. ls�tl?� co. c±�� Biggs, CA 95917 (3• egUty (530) 868-1716 FILING NO. CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION () A. Statutorily or Categorically Exempt $25.00 Clerk's Documentary Handling Fee (X) B. De 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). #16620 2. () NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Dave Doody Title: Principal Planner Lead Agency: Butte County Doartment of Development Services Date: September 21, 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. • DATE .'TOTAL IVLAF,O'I. KCR60 WORK. PERMITS FUSLIC2 ZONING ENV OTHER DOCUMENT{ HEALTH I APPLICANT RECEIVED FROM RECEIPT 16620 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING issue (�7 By 0. • - • 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 98-20, on the northwest corner of West Rio Bonito Rd. and Smith Ave., Biggs Project Description: Use Permit for a boarding stable for 30 horses with a riding stable 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:AV;I A . A� Dave Doody, Principal Planner Lead Agency: County of Butte Date: September 21, 1998 j Ahnda\noe.nod\f&g.let • 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 98-20, Use Permit AP Number: 022-100-024 & 025 Applicant: Doug & Kari Wheeler, 3415 Smith Ave., Biggs, CA 95917 State Clearinghouse Number (If submitted to clearinghouse): Contact Person: Stephen Hackney Telephone Number: 538-7601 Project Location: on the northwest corner of West Rio Bonito Rd. and Smith Ave., Biggs Project Description: Use Permit for a boarding stable for 30 horses with a riding stable This is to advise that the Butte County Board of Supervisors has approved the above-described project on August 25, 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 A , Dave Doody Principal j:\linda\noe.nod\nod.frm Mitigation I: Deny the request for a commercial feed store. If the applicant wishes to pursue revision of the current zoning regulation to allow a commercial feed store and/or an amendment to the General Plan policies regarding limiting non-agricultural use, further environmental assessment will be required to analyze potential impacts to the preservation of agricultural resources. Mitigation 2: Provide drainage studies as required by Reclamation District No. 833 and install improvements if necessary to ensure that there are no increases in peak drainage flows into the existing drainage facility. Mitigation 3: Limit the number of horses to be kept on the project site as part of the Use Permit request to 30 horses. Mitigation 4: The collection, storage and disposal of manure shall be performed weekly. The site shall be maintained in a clean and sanitary manner. The applicant shall comply with all regulations of the Butte County Environmental Health Department regarding sanitation requirements. Mitigation 5: The operation of horse shows, competitive events, training and other such group activities shall be limited to no more than 35 participants/attendees. These types of activities shall be conducted no earlier than 8:00 a.m. or later than 9:00 p.m. Voice amplification systems shall be limited to the arena area and shall not exceed 65 db at all adjoining property lines. Any initial construction activities shall be limited to the hours of 8:00 a.m. and 5:00 p.m. Mitigation 6: All new exterior lighting associated with the horse stables and boarding (and the commercial feed store if approved) shall be shielded and directed downwards so that it does not spill off-site onto adjacent properties. a utte, Coun 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 August 26, 1998 Doug & Kari Wheeler 3415 Smith Ave. Biggs, CA 95917 Re: Use Permit, AP 022-100-024 & 025, UP 98-20 Dear Mr. and Mrs. Wheeler: At the regular meeting of the Butte County Board of Supervisors held August 25, 1998, denied your appeal, without prejudice for a feed store, and approved a Use Permit for a boarding and riding stable for 30 horses (not including the applicant's existing horses) on property zoned A-40, Biggs, CA, subject to the conditions listed on the enclosures. Please sign both copies and return both copies to this Division within 40 calendar days. A Notice of 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 Board of Supervisors' approval. Re-application to this Division would then be necessary. The Use Permit is deemed granted when the enclosures have been signed by the applicant, with the . counter signature of the Chairman of the Board of Supervisors, and said permit is received by the applicant by registered mail. Pursuant to Section 66020 (d) (2) of the Government Code you are hereby notified that you have 90 days to register a protest challenging any fees, dedications, reservations, or exactions imposed as conditions of approval for this project. Should you have any questions regarding this matter, please contact Stephen Hackney at this office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, ,0,&� od�� Lynn Richardson Planning/Administrative Support Service Assistant MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: UP 98-20 File (Wheeler) FROM: Tom Parilo SUBJECT: BOARD ACTION N APPEAL 8/25/98 DATE: August 25, 1998 The Board upheld the 6-25-98 Planning Commission action to approve the Use Permit to establish a 30 horse boarding stable and ancillary facilities. In taking their action the Board 1) denied the Wheeler's appeal without prejudice, 2) initiated an amendment to the Zoning Ordinance to add feed stores with a Use Permit in the A (Agricultural) zones, and 3) indicated their intent to waive Use Permit filing fees for their subsequent application to establish a feed store. County Counsel advised that a noticed formal action will be required to waive the fees. It is expected that staff will bring that matter forward to the Board at the time of filing of the Use Permit. 02, �w 4::Ir W" v A" ado( 4a O"W 96 94 I it-- rt4 4.) 47-N A6 40� i Ell. � 1 _� - i tet_ --. -�Y --- 1 r • � � 31I - �. ., �' _ � - �� - t ` � __ _ A �* > .. � �w 1 ,_ � � , � .. •� - _ 1 � � _ ---r - +' , _ _ �° � � i� E> I Feed Store in Biggs Would you like to see a feed store in Biggs? There is possibility of asmall unobtrusive feed and tack store; '; .��` } opening for business on the comer of Smith Ave. and l 'West Rio Bonito. The feed store will accompany a riding ena and horse stable. V"I Mi 6Z�� 471Z t1 Feed Store in Biggs. , -Would you like to see a feed store in Biggs? There is a, possibilityof a small unobtrusive feed and tack store opening for business on the corner of Smith Ave. and West Rio Bonito. The feed store will accompany a riding arena and horse stable.--� Z r c5m,-U-( —ate z �e 6%lc•n S �� e� uai y OA KJ Q�� I i� 1 , ��✓ � ,995 � � 1 t. i • I >r� :r i N� Ao 1 94\5 i tiG2 70 5 ty 4c' 601 � 1 i l tiG2 70 5 ty 4c' 601 0 -.4f., -_ r • PROOF OF PUBLICATI,,,ON No. In the Matter of Public hearing - Wheeler UP 98-20 State of California) County of Butte & Sutter) 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 Gridley Herald That said newspaper is one of general circulation as defined by Section 6000 Government Code of the State of California, Case No. 27,207 by the Superior Court of the. State of 9•. r' California, in and for the County of Buttefi& Sutter; that said newspaper at all times herein mentioned was printed and published twice a week (on Wednesdays and Fridays in the City of Gridley 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: June 5, 1998 certify (or declare), under penalty of perjury, that the foregoing is true and correct, at Gridley, California. Dated June 9, 1998 - at Gridley, California QJ (Signature) �F Notice ►,era,.. De, info co athe the ors heart - _.`_•�x-„�.a �, �� BUTT CaUNTY PLANI THOMAS, A-.,;PARILO, b( Publish: June 5, 1998,;,c .•—�r,..;,;;,,' ICUbin only ,!nose Issues. you Put. ic•,iea ing described in is notice or•,in written- iPlap010a,Comiris$ron, at orlpnoi to;lthe public `r€ i:,;rotb :;•a..Ga4G"l' �rca.;2:i•.n.Gi COMMISSION 'OR,-,-DEVEWPIIAENT:SERVICES Yy ' ;`*' '"3:::., (TWbridley HeFald) ne`25, 1'998 Doug & Kari Wheeler 3415 Smith Ave. Biggs, CA 95917 ffatte Count L A N D O F N A T U R A L W E A L T H A N D BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 Re: Use Permit, AP 022-100-024 & 025, UP 98-20 Dear Mr. and Mrs. Whceler: At the regular meeting of the Butte County Planning Commission held June 25, 1998, your request for a Use Permit for a boarding stable for 40 horses with a riding stable and a feed and tack store, 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, July 6, 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.m., Monday through Friday. Sincerely, 41�� 03Lynnardson �V Planning/Administrative Support Service Assistant /lr kAfomis\approwp.frm 0 -0- (.0 - (� ts/ �v-� e f V•� S �-a-5 �R c�� . V�e Y m-� i"� � v� -lop _ p a � I 7 Go c1 b oc e OJT-�-YC Y'vY-\) Planning Division J U L 0 71998 ®rovill®, California Ciz� `line` 25, 1998' Doug & Kari Wheeler 3415 Smith Ave. Biggs, CA 95917 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 Re: Use Permit, AP 022-100-024 & 025, UP 98-20 Dear Mr. and Mrs. Wheeler: At the regular meeting of the Butte County Planning Commission held June 25, 1998, your request for a Use Permit for a boarding stable for 40 horses with a riding stable and a feed and tack store, 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, July 6, 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.m., Monday through Friday. -- Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant Ar kAforms\approwp.fret w �o ti aEt.1* -as./rT�q as fsalr� I' of rl.sy. SURVEYORS STATEMENT ur D aE� OY E r CE w.r.!.S: Oa Y°DE., w OY UNDER fug.• <f 4cr•!yE °EOt,E Sr O'E: rn„ti Y(NrSOE r11(uYD ��✓M.S[!•• • .tom .. . E ■►ai]Q'9: ;`•^ • : CwlharafE�� :[�Q;��- as O"rw air�v saw am),-- - Y11.tE,p f.01• ala nm mew om— u.o1'(Ip t + 0 CD d r 11.1 tr SMITH AVENUE 1 ' 1 (0I ' 1 cn I 1 ,I a: A e;l 1 ea9 1.tr.aT «� 1ND t1..1 /44 uos ILaaMyl _ , tJ.Q•. ooa4.fY) 4 PA J 52 Y la LOT 42 a Y /o7 1 1 A. 1 J� �J� COUNTY SURVEYORS STATE "I A"°S'1FEy E EC'.%% �uairOYS-SE1Stmo..O9M S7 cow!r w.v[.o11 [ I.z:a RECORD OF SURVEY 0 LOTS 37, 38, 39. 40, AND A PORTION OF LOT 36, ORAINGE LAND COLONY. BOOK 4• MAPS PAGE 63, LYING 1N SECTION l2, T18N• R2E. 1.D.&I., 1\ THE UNINCORPORATED AREA OF BUTTE COUNTY, CALIF. FOR FD UAMNGLY RECORDERS STATEMENT t(Eo TMS ,a : •:r -tie a Z'? °. aD[.f /LO OF WO VAAr la �( 4I 8_01 A. y S •f arC.Ei (H -(I! 4T rNE NEC1Uasr'.7t 'AM r <v d1 rri A� , L Lt Iit01[ �� rD iU17'J♦: PING % y z r µpa us �f�' r� i rl.sy. SURVEYORS STATEMENT ur D aE� OY E r CE w.r.!.S: Oa Y°DE., w OY UNDER fug.• <f 4cr•!yE °EOt,E Sr O'E: rn„ti Y(NrSOE r11(uYD ��✓M.S[!•• • .tom .. . E ■►ai]Q'9: ;`•^ • : CwlharafE�� :[�Q;��- as O"rw air�v saw am),-- - Y11.tE,p f.01• ala nm mew om— u.o1'(Ip t + 0 CD d r 11.1 tr SMITH AVENUE 1 ' 1 (0I ' 1 cn I 1 ,I a: A e;l 1 ea9 1.tr.aT «� 1ND t1..1 /44 uos ILaaMyl _ , tJ.Q•. ooa4.fY) 4 PA J 52 Y la LOT 42 a Y /o7 1 1 A. 1 J� �J� COUNTY SURVEYORS STATE "I A"°S'1FEy E EC'.%% �uairOYS-SE1Stmo..O9M S7 cow!r w.v[.o11 [ I.z:a RECORD OF SURVEY 0 LOTS 37, 38, 39. 40, AND A PORTION OF LOT 36, ORAINGE LAND COLONY. BOOK 4• MAPS PAGE 63, LYING 1N SECTION l2, T18N• R2E. 1.D.&I., 1\ THE UNINCORPORATED AREA OF BUTTE COUNTY, CALIF. 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(silicic ..._ .�C..zs ....� tsnl.rc ' Int.cr.ozc , I ►�� d� I 1 Lot 9 Z. tm of R :ro c ib ��R��viia Iw,.azc •I/��'�� I " � 6 60 ri I s k:i eyes - I I $ I I -•to 1s ^ 14$ F R j Ch CO,$ I:h G� q co o O ��;� •o�� b�_ -3 k� -22 �� a� o $ j Iwt"5 I to I E I I I f").90 get Inl.orozc In).eooZ� tt;9 d� ?iw•nt..rewAOEO —pvr.0 loewe.xcov. al z, ■ . p..oc.o II -5 \ �w, O 1 Wll.u•tee M . •ioCo II i// ppp � I� ►�� d� , � p Q Lot 9 Z. tm of R :ro c ib ��R��viia •I/��'�� " � 6 60 ri go Ix " s k:i eyes ?iw•nt..rewAOEO —pvr.0 loewe.xcov. al z, ■ . p..oc.o II -5 \ �w, O 1 Wll.u•tee M . •ioCo II i// ppp � I� ►�� d� , � p Q Lot 9 Z. tm of R :ro c ib ` o�4� " � 6 §LC4# MEMNON �• MUMMEMBEEMEME IMMEMEMEM 10 EMMEEMEMMENE"IME MOSIMEMEMMEN ■IS MENEMEM ommomm "W.- ■m MEM No ■■■ EMERAMEM EMEMEME O REM 0 ME' - m mmv, M min MOSIMMIEWE ■ n J . r ��®�� Cam o —� 1�` e_ 50� co �4, rl, ' CL 0. i dm o &0_- car _ :r . •�,;,:.. t �� t-`LJIi VC.�•i4�� l`',`',�-� ✓��-`-�y-� t (v ry .\ �+ v �1 \ " �'"' • PYt , r cxda T'll -74 /t ,'t'iir�` "�.y �-� � -y `J ��, � \�%��r �'r,� i r�V �1 � } '.i7 js� i <•s_�f .."th �yr�.� _ f �_ i _ 1rr,.. t•vy�' ("�,5�-,.•. alt ♦ 1 .. t ' ms's'• t: � ' ..' c> '_x� .: � <-c'"" • � 'i ,'ji, .Fv>f ��•-hy•r {��+y 1,n:•+-: _��„r(-cam: • ....-�"'• " a.. �,c'. _... { 6" LAND OF NATURAL WEALTH AND BEAUTY , PLANNING DIVISION ;��,��.�a� y;., .._. ` ry t;, _; . , • DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 June 16, 1998 Doug & Kari Wheeler 3415 Smith Ave. Biggs, CA 95917 Re: Use Permit, AP 022-100-024 & 025, UP 98-20 Dear Mr. and Mrs. Wheeler: Enclosed is a copy of the Agenda Report concerning your application for a Use Permit for a boarding stable for 40 horses with a riding stable and a feed and tack store on the northwest corner of West Rio Bonito Rd. and Smith Ave., Biggs. Should you have any concerns with the report or conditions of approval, please contact us in advance of the meeting so that we may work together to resolve your concerns. A public hearing has been set for June 25, 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 Craig Sanders of this office at 538-7601, between 8:00 a.m. and 4:00 p.m., Monday through Thursday. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant Enc. j:\wpdocs\pcIts\scheduIe.mrg 0 9 : BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that a public hearing will be held on Thursday, June 25, 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. - Doug & Kari Wheeler - Use Permit for a boarding stable for 40 horses with a riding stable and a feed and tack store on property zoned A-40 (Agricultural - 40 acre parcels) located on the northwest corner of West Rio bonito Road and Smith Avenue, identified as AP 022-100-024 and 025, Biggs. (PF) (UP98-20) 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 Gridley Herald on Friday, June 5, 1998. A-40 OFC A-40 OFC i A -40 UP 98-20 AN 022-100-024 & 025 Doug & Kari Wheeler A-40 ---- Fcan-P-hfl I) We ---- - - :t Locat li 5, ..... ...... 0' Road A-5 AR R- GG F C -,,- B StBi s East H A-40 OFC FILE NO: e Y \ LEAD - Ilii SHEET 022 -too -0-2q - 02 ur �a 2� Ar# 2 , APPLICANT: Doug & Kari Wheeler, 3415 Smith Ave., Bi Name OWNER: Same Name RESPRESENTATIVE: Mame REQUEST(: a a6k- SIZE: LA -3 Acre ;s, CA 95917• LOCATION: O r, �-he r— - ��- �or�lr,wcs� corv�er of lJe sk o d Sw� � A'j SUPERVISORAL DISTRICT # y EXISTING ZONING: ZONING HISTORY SURROUNDING ZONING: SURROUNDING LAND USE: SITE HISTORY: GENERAL PLAN DESIGNATION: Orc\-.af-a F%cj Crows APPLICABLE REGULATIONS: k:\forms\lead-in Planning Division FEB 17 1998 Oroville, California 0• COMMENT DISTRIBUTION LIST APPLICATION: Doug & Kari Wheeler DATE: February 19, 1998 Pacific Bell County Offices and Cities: Viacom Cable TV State Agencies Chief Administrative Officer f ^_ _ Environmental Health Develop. Services Director � Sheriff _ BCAG ✓X LAFCo _ APCD f�( Biggs _ Gridley Oroville _ Paradise Irrigation District: Butte Water _ OWID _ Table Mountain Irrigation Domestic Water _ Butte Water District _ OWID Sewer _ Butte Water District _ Skansen Subdivision (CSA 21) _ Fire Protection V X_ California Department of Forestry Recreation Districts _ Chico Area Recreation _ Paradise Recreation & Park Utilities Biggs/W. Gridley Water Paradise Irrigation Thermalito Irrigation Public Works Director _ Building Manager ALUC Butte Co, Farm Bureau Chico Chico Airport Commission _X_ Agricultural Commission vvv Durham Irrigation _ Richvale Irrigation Otlier California Water Service Co. _ Del Oro Water Co. Thermalito Irrigation District _ Other Themalito Irrigation _ Sterling City Sewer Main L.O.A. PUD - El Medio Fire Protection District Durham Area Recreation _ Feather River Rec. & Park Richvale Recreation & Parks _ 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 Dept.Social Services, Comm.Care Licensing Federal Agencies US Forest Service _ US Bureau of Land Management _ US Fish & Wildlife Service Army Corps of Engineers Other Districts, Agencies, Committees, etc. Lime Saddle Dist Community Association Mosq. Abatement. Oroville/Butte Co _ Drainage _ Butte Env.l Council Paradise Pines Com. Assoc. _ JK Reclamation 33 _ _ Cal Native Plant Society Butte Co. Mining Committee _ Forest Ranch Community Assoc. Butte Ck. Watershed Conservancy School Districts i BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Doug & Kari Wheeler, UP 98-201 DATE: March 10, 1998 CONTACT PERSON: Stephen Hackney The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: i 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 boarding stable for 40 horses with a riding stable and a feed and tack store on property zoned A-40 (A,gdcultural-40 acrear=W located on on the northwest comer of West Rio Bonito Rd. and Smith Ave., Biggs, identified as APN 022-100-024 & 025. Supervisorial District No. -4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON June 25 , 1998. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN March 26,1998. 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 DATE: February 19, 1998 AGENT: APN: 022-100-024 & 025 FILE #: UP 98-20 PLANNER: PROJECT DESCRIPTION: Use Permit for a boarding stable for 40 horses with a riding stable and a feed and tack store Those items checked are conditions of approval. PLEASE CONTACT THE BUILDING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS H. BUILDING PERMITS 1. Prior to building permit issuance for a new residential dwelling unit(s), the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees, shall include, but not be limited to: Park Fee, School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. 2. Prior to building permit issuance for a new commercial or industrial development, or addition to an existing development, the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees shall include, but not be limited to: School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. I. EXISTING STRUCTURES 1. Comply with the Uniform Building Code for property line clearances considering use, area and fire -resistiveness of existing buildings. 2. Existing building(s) shall be made to comply with current Building and Zoning regulations for the intended new use of the building(s) or the existing building(s) shall be demolished. 0 • 0 • APPLICANT: Doug & Kari Wheeler DATE: February 19, 1998 AGENT: APN: 022-100-024 & 025 FILE #: UP 98-20 PLANNER: PROJECT DESCRIPTION: Use Permit for a boarding stable for 40 horses with a riding stable and a feed and tack store 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 solidmasonry 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 !• t• 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 L, 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. '00 •s M. ADDITIONAL APPROVALS 1. Prior to the issuance of building permits payment of the North Oroville/Thermalito Traffic Impact Fees shall be made. 2. Prior to the issuance of a building permit for each new or additional living unit the applicant shall execute the Oroville Area Traffic Mitigation Fee Agreement and pay the established fee. 3. Prior to the issuance of the Use Permit, to insure the maintenance and continuance of the orchard or other agricultural use of the property, the property owner shall enter into the County approved Orchard Management Agreement. The agreement shall terminate in 10 years or upon a rezoning of the parcel/lot to a zone other than A-5 through A- 160. The agreement shall be recorded and recording fees paid by the applicant. 4. Approval of this request shall not waive compliance with all sections of the Zoning Ordinance and all other applicable State and County laws and regulations in effect at the time of building permit application. 5. This Conditional Use Permit is granted for a period of month(s) at the end of which time it shall expire (unless the approving authority has held a hearing thereon and granted an extension. In connection with such an extension the approving 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 0 *6 A-3 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Public -War -Os FROM: Butte C6aty'Planning Division RE: Request for Comments on a Development Application: iDougr&-Kari`Wheele'f, UP 98=20 DATE: February 19, 1998 CONTACT -PERSON: k 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 i 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 boarding stable for 40 horses with a riding stable and a feed and tack store on property zoned A-40 (Agricultural -40 acream celsl located on on the northwest corner of West Rio Bonito Rd. and Smith Ave., Biggs, identified as APN 022-100-024 & 025. Supervisorial District No. -4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON June 25, 1998. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN March 5, 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: Plannine 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-777 B its OrOVNis, Caiifornia,'k RECEIVED FEB 1 9 1998 COUNTY OF BUTTE LAND DEVELOPMENT DIV. BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Doug & Kari Wheeler DATE: February 19, 1998 AGENT: APN: 022-100-024 & 025 FILE #: UP 98-20 PLANNER: PROJECT DESCRIPTION: Use Permit for a boarding stable for 40 horses with a riding stable and a feed and tack store Those items checked are conditions of approval. PLEASE CONTACT THE PUBLIC WORKS DFPARTMIENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS A. STREETS 1. Prior to the issuance of building permits obtain encroachment pemut 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, 3o feet of right-of-way from the centerline of SM 177t at war4haujag.- 5 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. Prior to the issuance of building permits dedicate a one foot "no access strip" or relinquish abutters rights to Butte County, along the frontage of parcels , except at approved access points. B. DRAINAGE 1. Prior to the recordation of the issuance of building permits a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. 2. Prior to the issuance of building permits establish 100 year floodplain elevations and the lowest floor elevations for any structures. Show on the site plan map for building permits the elevations (by contours) and the location of an accepted NVGD benchmark and a temporary benchmark on-site. 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 a legal parcel. Ala 1N3WdOl3A30 ONVI ULM J0 AINnO3 8661 6 1 833 C13AI3338 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). 1 12. Prior to the issuance of the Use Permit, the applicant shall pay all outstanding County fees. '* , BUTTE COUNTY 0 DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION fEnvironmental-Health] FaGM: Butte`County Planning Division RE: Request for Comments on a Development Application:=& Ka'ri'VJheel re P 98=20� DATE: February 19, 1998 CONTACT PERSON: 11{ I 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 fort for a boaraing stable for and a feed and tack store on property zonedX40 (AgriculmmL40 acre ar . ls),located on on the northwest comer of West Rio Bonito Rd_ ani Smith Ave._ 3iggs, identified as APN _Q22-100-024 & 025. Supervisorial District No. -4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check1998) _X_ PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON 9=o COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN ar h , 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 gages if necessar�): �, n % , �, �-�, a 0_.., .�� ga h.�vavn- t �� c. �r - AT -A-Jt ,1 ,,,r _q e) r --J rn' 0'--v cc. .`Q Date: By: 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-77 planning ®iVISIOII MAR 0 3 1998 Oroville, Callfornia "I 7r' I. RGMI r- L' =C.r R•=�Y/Doi V7/ 17/�� 0 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 -,'Doug -& -Kari Wheeler, UP 98-20 DATE: March 10, 1998 CONTACT PERSON: Stephen Hackney 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 I 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 boarding, stable for 40 horses with a riding stable and a feed and tack store on property zoned A-40 (Agricultural -40 acrearp celsl located on on the northwest corner of West Rio Bonito Rd. and Smith Ave., Biggs, identified as APN 022-100-024 & 025. Supervisorial District No. -4. I THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON June 25 , 1998. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN March 26,1998. 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): -e- /c - Planni-G MMD ®Foville By: Date: ` i — ! V 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 so BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Doug & Kari Wheeler DATE: February 19,1998 AGENT: APN: 022-100-024 & 025 FILE #: UP 98-20 PLANNER: PROJECT DESCRIPTION: Use Permit for a boarding stable for 40 horses with a riding stable and a feed and tack store Those items checked are conditions of approval. PLEASE CONTACT THE Bi TTTE 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. i< 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. 0 • IIIU'1 TI;; COUNTY "' •' r,;'9' O17, DEVELOPIM ENT SERVICES PLANNING DIVISION TO: ' Recl:aiu rtirin DiOrict ft33 FROM: I3uite County Planning ;i: isiur. 12E: Request for Con mews on n 1%rvelopment Application: Doug & Kaci Wheeler, UP 98-20 DA'I'.F;: Marell 10, U98 CONTACT PERSON: Stephen Hackney The Plannin-g 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 iii 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 boarding stable for 40 horses with a riding stable and a feed and tack store on property zoned A-40 (Agri iit ural -4 )-�Lcre-pr.c(,W located on on the northwest comer of West Rio Bonito Rd and Smith Aye--ffiggs,identified as APN 022-1Q(L02�cCS2_�. Supervisorial District No. 4. ` THIS ITEM HAS BEEN TENTA'.CIVI LY SC,' JE -RULED FOR A HEARING BEFORE THE (check one) . _X_ PL -1 NNINO-COMMISSION' - "__ DEVELOPMENT REVIEW COMMITTEE ON June ; 1998. -COMMENTS, IT ANY, ARE REQUESTED BY NO LATER THAN 'March 26,1998..1f no comments or communications are received by the above date, the ashwlption ivill be made that your agency has no comment.'', COMMENTS (Attach additional pages if necessary): Please see the attached Resolution adopted by'Reclamation !jI District No. 833 on August 31,'1993. i i ' I i I pig� ypyy ►q � -i1 t: S:.P V7Mislon j f A '11998 A II 1 a - _ w ➢NG An,. iii lii ala By: R)✓CLAMATION DISTR:[_S;_'L_Nt)- 933 Date: Marsh 30, 1998 7 County Center Drive - Orovillc, California 95965 - 916-538-7601 - FAX 916-538-7785 I I RECLAMATION DISTRICT NO. 833 RESOLUTION PEAK DRAINAGE FLOWS FROM URBAN DEVELOPMENT WHEREAS, Reclamation District No. 833 was.established and -designed as an agricultural drainage system; and WHEREAS, urbanization is occurring at various locations within the boundaries of Reclamation District No. 833, especially in the vicinity of the cities of .Biggs and Gridley.; and WHEREAS, the facilities of Reclamation District No. 833 drain into the.Butte Sink which is flooded several times each year.by water from the Sacramento River spilled into the Butte Sink through the Moulton and Colusa weirs by the United States Bureau of Reclamation; and WHEREAS, the flooding of the Butte Sink by the United States Government causes water to flow backwards several miles towards Biggs and -Gridley; and WHEREAS, the urbanizat.ion along Butte Creek in the Chico and -Durham area sends increased peak flows into the Butte Sink during times of flooding, thereby, decreasing the holding capacities of the sink and causing faster backup .conditions in the District's drains; and WHEREAS, the urbanization within the boundaries of Reclamation District No. 833 has caused increases in peak storm drainage flows as a result of the increases in non - permeable surfaces such as streets, driveways, patios and rooftops; and WHEREAS, Reclamation District No. 833 has received complaints from landowners within the District of new flooding conditions occurring at the location where the increases in peak flows from urbanization within the District meet the.reverse flows from the Butte Sink; NOW THEREFORE, the Board of Trustees of Reclamation District No. 833 adopts the following conditions for. urban development: 1.. Drainage studies must be presented by the proposed development and reviewed by the District's consulting engineer which establish historical peak flows from the. proposed development site. 2. No increases in.peak drainage flows from the proposed development site can be accepted into the District's drains. 3. Offsite improvements in holding capacity may be accepted' by the District as mitigation of increased peak flows from 'the proposed development site on a case by case basis. . PASSED AND ADOPTED this 31st day of August, 1993 by -the following vote: Ayes: 3 Noes: 0 Abstain• 0 Absent: 0 RECLAMATION DISTRICT NO. 833 By Charles H Johnson, Jr. President P BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO:LAFCo FROM: Butte County Planning Division RE: Request for Comments on a Development Application:lDoug & Kan Wheeler; -UP -98=207 DATE: March 10, 1998 CONTACT PERSON: Stephen Hackney 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 boarding stable for 40 horses with a riding stable and a feed and tack store on property zoned A-40 (Agricultural -40 acre Var lsl located on on the northwest corner of West Rio Bonito Rd. and Smith Ave., Biggs, identified as APN 022-100-024 & 025. Supervisorial District No..4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON June 25 , 1998. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN March 26,1998. 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): !fit &"e 13 IOGatga"" /A-.) e5A,3�/ 54 #-37, c f 20 a r � U > s t7 -*-/2- A- b;q Fro ofn m7017) S Planning Division IS98 Uroville, Calivornia By: 4& Date: 8, 1.qj d 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-53817785 -q '�. 8. 3 lby (r 1 lQ• O ( '1 � i _, *i,r �r +....c..es ..y.,r t....i.*grw'+r+a.o•:�:w.a-.. r 1 V Y .'r Vf 1Dv`tii.' 1 ' I -TIDITZLER RD 1 \ � to 40 w of oO nO nO w O w v I m N I W n I I SPUR A V % A I + i NO U I I - IA W a I W V I I I rn 1 I I MILKY I WAY 1134.97 v th to V1 tV ^ w � N V n n ? A W w C) ca OD OW to ko v nZZ LA A A O N 1287.00 203.721 I D/TZLER TRACT N v I I 140.25 ORANGE LAND C9LONY I (� i i I I I I I C) to b. I I SMI TH I I AVE I I 1394.00 c, !29.43 r' t0 Cc) L V n 00 ' s ch I cto wb. O o w yo cd I ro 2 0 V \ \ 4b 0 I (i 4 N 460 u 825 oU. S, N \ •O � g � O MEN MEMEMI - - -EN W�10 MOMMEMOMEJESME MEEMNEEN MEN "MEEMMEM mMMMMME_ , IMEMIMME MEN =,=Room■EMMIMMIS 512SEKEENES0 -mons mmom MMMAaMMMM SOMEONE=- MEMEMEMEN ME■ ME ■■ EE=m MEN _. MERNFO PmW-M no MEN �Wmmm■ ��E IMMEWE■ ■ MONO WA UP98-20 Wheeler 5/4/98 Craig, Here's some comments regarding this application. I spoke with Kari Wheeler on Saturday, April 4 and she understands the limitation to 30 horses. She thought that 40 horses was really "pie in the sky". I started with suggesting only 20 horses, but she thought they would abandon the project if they could only have 20. She said she would ask her husband if he agreed with the 30 horse limitation with staff review to allow 10 more at a future date. He was to call back if he didn't agree. He didn't call, so I'm assuming it's agreeable to him as well. She also told me that she wasn't told that the feed store was not permitted in the zoning district, but rather staff was looking into the possibility. I told her (and it's indicated in the staff report) that the use permit to board the horses would allow them to carry feed for them, but not to have a "commercial operation" for the general public. About the application - I couldn't find where staff had determined it was exempt from environmental review. This should be on the application somewhere. I assumed we were using the "general rule", but I wasn't sure. I also think that more information should have been asked when the application was taken at the counter. Kari couldn't tell me how large the off-street parking areas will be for the stables, just that it will be large enough to accommodate trailers and complete turnarounds. There doesn't appear to be any parking space requirement for this type of use - so I didn't discuss it within the report, but included a general condition of approval. A north arrow on the location map should be included. I'm wondering if the public works conditions which are based on the issuance of a building permit might be a loop hole as buildings under 120 square feet without electrical or plumbing are exempt from needing building permits. And generally, you do not need permits to put in fencing, parking areas. � � f arv�� VJ ON, JA Mary 18, 1998 Re: UP 98-20 (Wheeler) Craig, Something is wrong with the footer ("Butte County Department of Development Services - Planning Division") on the initial study template. Seems to be related to font choice, but I couldn't figure it out. It's also jumbled -up on the "III. Environmental Factors Potentially Affected" page (3). And I couldn't remove the header "Potentially Significant Impact..yada yada" from the pages which don't contain the checklist. Tell Lynn I'm so sorry for the inconvenience. I don't know the information regarding the closest fire station to the project site on the "Data Sheet". You should check the elevation information as well - it was a guess -timate on my part. Paula's response sheet didn't say that the site was in Reclamation District 833 - but the applicant and response from them indicated it was so. I don't know if they are just bluffing - but I included an environmental mitigation related to their request. I have a little "out" in there in case the applicant talks them into believing the project is not an "urban" development. I didn't know if you just ignore these types of requests. Because of the policy in the Ag Element, I recommended denying the request for the feed store as a mitigation as it's impact could be countywide and could not be filly evaluated in this initial study. • I had two different versions of a staff report - one I had on disk and the other was something you printed for me. I did a "hybrid" of the two. I am a "little" unsure of the specific land uses directly west and north of the site - I know there was some orchard and some pasture land. You might have your staff re -verify it prior to sending out the report. I've got a staff report to grind -out in Chico today. Call me if you have any questions-- 895-4889. o�